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Agenda 03/09-10/2004 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA March 9, 2004 9:00 a.m. CLERK TO BOARD 4TM FLOOR FP:3 IND: 1 CV:0 Donna Fiala, Chairman, District 1 Fred W. Coyle, Vice-Chairman, District 4 Frank Halas, Commissioner, District 2 Tom Henning, Commissioner, District 3 Jim Coletta, Commissioner, District 5 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, N'APLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. Commissioners will be attending the Know Your County Government Teen Citizenship Luncheon from 12:15 to 1:15 p.m. located at the East Naples Methodist Church 1 March 9, 2004 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Father Tim Navin, St. Peter the Apostle Catholic Church 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) B. February 10, 2004- BCC Regular C. February 11, 2004- BCCILDC Meeting D. February 17, 2004 - Tri-County Meeting E. February 18, 2004 - BCCIDistrict 2 Town Hall Meeting F. February 25, 2004 - BCC/Everglades City Workshop SERVICE AWARDS PROCLAMATIONS A. Proclamation to recognize the Week of March 7-13, 2004 as Know Your County Government Week. To be accepted by Cody Martin, Student at Naples High School and Jose Nunez, Student at St. John Neumann. Proclamation to designate the week Humanity's Build a Better Future Week. Durso. of March 8-13, 2004 as Habitat for To be accepted by Dr. and Mrs. Sam Co Proclamation to recognize the month of March 2004 as Invasive Exotic's Control Week. To be accepted by Melissa Hennig, Environmental Specialist for Collier County. Proclamation to honor the County's achievement, the 500th AED from EMS to be dedicated to the W. Harmon Turner Building in the Collier County Government Complex, the symbolic location of where the program began. To be accepted by Noemi Diaz, Captain of Emergency Medical Services for Collier County. 5. PRESENTATIONS 6. PUBLIC PETITIONS 2 March 9, 2004 7. BOARD OF ZONING APPEALS This item to be heard at 9:00 a.m. on March 10, 2004. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. ADA-2004-AR-5218 Pelican Bay Foundation Inc., represented by Robert D. Pritt of Roetzel and Andress, requesting an appeal to official interpretation INTP-2003-AR-4307 relating to the approval of SDPA- 2001-AR-412 for the Cap D'Antibes Condominium Project, Waterpark Place, within the Pelican Bay DRIIPUD. This appeal is pursuant to Collier County Land Development Code (LDC) Section 1.6.6. This item to be heard after Item 7A on March 10, 2004. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. ADA-2003-AR-4933, Michael J. Volpe of Robins, Kaplan, Miller and Ciresi, LLP, representing Pelican Bay Property Owners Association, requesting an appeal to official interpretation INTP-2003-AR-4306 relative to the approval of SDPA-2001-AR-412, Waterpark Place at Pelican Bay. 8. ADVERTISED PUBLIC HEARINGS Adoption of an Ordinance amending Chapter 74 of the Collier County Code of Law and Ordinances, as amended by Ordinance No. 2001-13 (The Collier County Consolidated Impact Fee Ordinance, as amended) providing for the adoption of a General Government Building Impact Fee with a delayed effective date of April 1, 2004. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Collier County Coastal Advisory committee. B. Appointment of member to the Tourist Development Council. C. Discussion regarding FPL Preferred Transmission Line Alignment. (Commissioner Fiala and Joe Schmitt) D. Discussion regarding FEMA Update. (Commissioner Coletta) E. Discussion regarding (Commissioner Coletta) Aquaculture Use Zone in Collier County. Item continued from the February 24, 2004 BCC Meeting and is further continued to the March 23, 2004 BCC Meetin.q. Approve a Resolution supporting the preservation of the State Transportation Trust Fund. (Norman Feder, Transportation Services Administrator) 3 March 9, 2004 10. COUNTY MANAGER'S REPORT This item to be heard at 1:30 p.m. Review the written and oral reports of the advisory boards and committees scheduled for review in 2004 in accordance with Ordinance No. 2001-55, including the Citizens Advisory Task Force, Collier County Code Enforcement Board, Contractors Licensing Board, Golden Gate Parkway Beautification Advisory Committee, Immokalee Beautification Advisory Committee, Isles of Capri Fire Control District Advisory Board, Parks and Recreation Advisory Board, and Collier County Water and Wastewater (Utility) Authority. (Winona Stone, Assistant to the County Manager) Approve a three-year collective bargaining agreement with the International Association of Firefighters Local 1826 (Emergency Medical Services Union). (John Dunnuck, Public Services Administrator) C. Request for County sponsorship for US Military appearances during July 2-5, 2004. (John Dunnuck, Public Services Administrator) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT Ao Recommendation pursuant to Collier County Resolution No. 95-632, that the Board of County Commissioners consider authorizing the Office of the County Attorney to select and retain outside counsel to represent two (2) individual County employees sued in Dwight E. Brock v. Board of County Commissioners, Linda T. Swisher, and Paul W. Wilson, Case No. 04-941-CA, Twentieth Judicial Circuit in and for Collier County, and waive the purchasing policy to the extent it applies to the selection of outside counsel and/or otherwise exempt the selection of outside counsel from competition pursuant to VlI.G. of the Purchasing Policy. 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 4 March 9, 2004 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Request to grant final approval of the roadway (private), drainage, water and sewer improvements for the final plat of "Eden at the Strand Replat - 1". The roadway and drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Collier County. 2) Approve a budget amendment in the amount of $18,900 to fund temporary seasonal part time staff consistent with past years for conducting sea turtle monitoring for the 2004 nesting season. 3) Request to approve for recording the final plat of "Verona Walk Phase lB" AR4692, and approval of the standard form construction and maintenance agreement and approval of the amount of the performance security. 4) Approve a 100% reimbursable Artificial Reef Construction Grant for the amount of $25,000 from the Florida Fish and Wildlife Conservation Commission. B. TRANSPORTATION SERVICES 1) 2) 3) Board approval to reject bid received under Bid #04-3595 "Clearing, Grubbing, Tree Trimming & Removal Services". Approve a Donation Agreement for the acquisition of a perpetual, non- exclusive easement, which is required for the purpose of constructing and maintaining a sidewalk along the north side of the Cocohatchee Canal, across Tracts "B" and "C" of Carlton Lakes Unit One, accept the conveyance of said 'easement, and authorize the payment of South Florida Water Management District permit application fees. Estimated fiscal impact $330.00. Project 69081 WBS 1. Approve Supplemental Agreement No. 9 for professional design services by Hole Montes, Inc., for the Immokalee Road Six-Laning Project from U.S. 41 to 1-75, County Project Number 66042, Bid Number 00-3057. Fiscal impact: $224,905. C. PUBLIC UTILITIES 1) Board approval of a budget amendment to recognize additional revenue from Contract No. ML040284 with the South Florida Water Management District in the amount of $40,000. A Pollution Control Surface Water Sampling Program. 5 March 9, 2004 2) 3) Approve an agreement between Calusa Island Village, L.C., a Florida limited liability company and the Board of County Commissioners regarding the proposed upgrades to the Goodland Water Pumping Station. Approve the purchase of a 2.81-acre lot at the northwest corner of Wilson Boulevard and 14th Avenue NW for water supply well sites at a total cost not to exceed $79,735; Project 701581. 4) Authorization to waive the competitive bidding process for technical assistance to perform a post implementation review, workflow analysis and documentation of operating procedures for the Utility Billing Software System - (at a not-to-exceed cost of $72,300). 5) Accept amendments to two grant agreements (Project time extensions) with South Florida Management District. 6) Approve funding and budget amendment for project management process documentation and authorize the Public Utilities Engineering Director to execute Work Order GH-FT-04-02 with Greeley & Hansen in the amount of $31,706, Project 75000. 7) Approve a Work Order under Contract #01-3271, fixed term professional engineering services for coastal zone management projects, with Coastal Planning & Engineering for a public information program, Phase 2, for the County/City of Naples major beach renourishment, Project 90527, in an amount not to exceed $47,870. 8) Accept grant agreement (Grease Control Educational Program) from the South Florida Water Management District in the total amount of $25,000 and approve necessary budget amendments. 9) Accept four grant agreements from the South Florida Water Management District in the total amount of $315,700. D. PUBLIC SERVICES 1) Approval of the Collier County Health Department Fee Schedule for FY2004. E. ADMINISTRATIVE SERVICES 1) Recommendation that the Board of County Commissioners repeal Resolutions 2001-294 and 2002-464 and adopt two new resolutions for the sole purpose of removing any language related to authorization to sign grant applications recognizing that such authority is outlined in the County Manager's grant coordination procedure in the Practices and Procedures manual. 2) Recommendation that the Board of County Commissioners approve and ratify a recommendation to file suit for recovery of repair/replacement 6 March 9, 2004 3) costs incurred by the County in connection with property damage caused by a third party. Approval to utilize State contracts for purchase of furniture and floor covering over twenty-five thousand dollars ($25,000). 4) Report and ratify staff-approved change orders and changes to work orders to Board-approved contracts. 5) Approve payments to sub-consultants for the Naples Jail Project in the amount of $112,845. 6) Award annual contract for Underground Utility Contracting Services pursuant to RFP #04-3535, in the estimated annual amount of $6,000,000. 7) Approve contract for Construction Manager at Risk for the proposed Courthouse Annex and Parking Garage, RFP #04-3576 to Kraft Construction Inc. 8) Approve Amendment No. 1, Contract #02-3422, to Disney and Associates, P.A., for architectural services for design of the new County Fleet Facility in the amount of $154,750. F. COUNTY MANAGER 1) Recognize and approve the FEMA Assistance to Fireflghter's Matching (90/10) Grant in the amount of $157,500 and approve the necessary budget amendments. 2) Approval of Cooperative Agreement with the South Florida Water Management District accepting $1,000,000 annual funding contribution to Collier County for the first ten years of the twenty-year agreement. G. AIRPORT AUTHORITY 1) That the Board of County Commissioners approve a budget amendment increase of $16,000 to fund revised estimated costs to complete pbwder coating conversion and other improvements to the powder coating facility at the Immokalee Regional Airport. 2) Approve the search for an Executive Director for the Collier County Airport Authority. H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Coletta's request for approval for reimbursement for attending a function serving a valid public purpose; the Hispanic Chamber of Commerce of Collier County Annual Awards Banquet in the amount of $65.00 as a "Valid Public Purpose". I. MISCELLANEOUS CORRESPONDENCE 7 March 9, 2004 1) Miscellaneous items to file for record with action as directed. 17. J. OTHER CONSTITUTIONAL OFFICERS 1) That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the Detailed Report of Open Purchase Orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. A copy of the detailed report is on display in the County Manager's Office, 2n° Floor, W. Harmon Turner Building, 3301 East Tamiami Trail, Naples FL. K. COUNTY ATTORNEY 1) Recommendation for the Board of County Commissioners to approve a revised Retention Agreement with the Law Firm of Carlton, Fields, Ward, Emmanuel and Smith, P.A., and to waive the purchasing policy, to the extent that is necessary, and/or to exempt this request from formal competition pursuant to Section VlI.G. of the Purchasing Policy. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASIJUDICAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition AVPLAT2003-AR4687 to disclaim, renounce and vacate the County's and the Public's interest in a portion of the 10 foot wide drainage easement located along the rear of Lot 171, according to the plat of "Phase Two Queens Park at Lago Verde" as recorded in Plat Book 14, Pages 94 through 95, Public Records of Collier County, Florida. Located in Section 18, Township 50 south, Range 26 east. Bo This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: PUDZ-03-AR-4528, Robert Duane of Hole Montes, Inc., representing Kevin Ratterree of GLH Development, L.L.L.P., requesting a rezone from "PUD" to a "PUD" Planned Unit Development to be known as the Terafina PUD. The purpose is to eliminate the golf course tracts, reconfigure the land use tracts, updating the Transportation commitments, revise the development standards and to provide for well fields and additional landscaping for property located approximately one mile north of Immokalee Road (C.R. 846) and on the north side of the Olde Cypress PUD in Section 16, Township 48S, Range 26E and consisting of 637 acres. 8 March 9, 2004 Co This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2003-AR-4648, Florida Conference Association of Seventh-Day Adventists represented by Robert L. Duane of Hole Montes, Inc., and Richard D. Yovanovich, Esq. of Goodlette, Coleman & Johnson, requesting a rezone from "A" Rural Agricultural and "PUD" Planned Unit Development to PUD known as the Loch Ridge PUD by amending the PUD Master Plan to increase acreage from 13.44 acres to 18.05 acres, show a change in ownership, add church, private school, and community center as permitted uses, revise the plant nurseries, florist and vegetable sales uses to be allowed only on a temporary basis for up to three years, eliminate assisted living facility as a permitted use, and add accessory uses related to church and school. Property is located on the south side of Davis Boulevard, approximately 2000 feet east of the Kings Way/Davis Boulevard intersection, in Section 7, Township 50 South, Range 26 East, Collier County, Florida. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 9 March 9, 2004 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING March 9, 2004 Additional information re.qardin.q Item 9D: Executive Summary - Approval of emergency authorization to contract with private sector firms, as required, *to perform Studies and other items of work in support of Collier County's restudy of the flood insurance rate maps recently rescinded by the Federal Emergency Management Agency (FEMA). (Joe .Schmitt, Administrator, Community Development and Environmental Services) Add Item 10D: Award Work Order PBS-02-35 in the amount of $66,264 to Professional Building Systems, Inc., for the repairs to Cocohatchee River Park south docks, Contract Number 02-3349. (John Dunnuck, Public Services Administrator) Move Item 16C7 to 10E: This item will not be heard earlier than 2:00 p.m Approve a Work Order under Contract #01-3271, fixed term professional engineering services for coastal zone management projects, with Coastal Planning and Engineering for a public information meeting, Phase 2, for the County/City of Naples major beach renourishment, Project 90527, in an amount not to exceed $47,870. (Commissioner Henning's request) Notes: Item 16E1 should read: Recommendation that the Board of County Commissioners repeal Resolutions 2001-294 and 2002-464 and adopt a new resolution (rather than "two new resolutions") for the sole purpose of removing any language related to authorization to sign grant applications recognizing that such authority is outlined in the County Manager's grant coordination procedure in the Practices and Procedures Manual. (Staff request) Replacement pare for Item 8A: Replacement pages have been provided for Page 50 of this item. The total square footage for general government building impact fee inventory is 582,258. (Staff request) Time Certain Items: Item 7A to be heard immediately followinq Item 7B, WednesdayI March 10, 200~1. ADA-2004-AR-5218 Pelican Bay Foundation, Inc., represented by Robert D. Pritt of Roetzel and Andress, request an appeal to official interpretation INTP-2003-AR- 4307 relating to the approval of SDPA-2001-AR-412 for the Cap D'Antibes Condominium Project, Waterpark Place, within the Pelican Bay DRI-PUD. This appeal is pursuant to Collier County Land Development Code (LDC) Section 1.6.6. (Petitioner request.) Item 7B to be heard at 9:00 a.m., Wednesday, March 10, 200~.. ADA-2004-AR 5218 Pelican Bay Foundation, Inc., represented by Robert D. Pritt of Roetzel and Andress, requesting an appeal to official interpretation INTP-2003-AR-4307 relating to the approval of SDPA-2001-AR-421 for the Cap D'Antibes Condominium Project, Waterpark Place, within the Pelican Bay DRI-PUD. This appeal is pursuant to Collier County Land Development Code (LDC) Section 1.6.6. It__em 10A to be heard at 1:30 p.m Review the written and oral reports of the advisory boards and committees s~heduied for review in 2004 in accordance with Ordinance No. 2001-55, including the Citizens Advisory Task Force, Collier County Code Enforcement Board, Contractors Licensing Board, Golden Gate Parkway Beautification Advisory Committee, Immokalee Beautification Advisory Committee, Isles of Capri Fire Control District Advisory Board, Parks and Recreation Advisory Board, and Collier County Water and Wastewater (Utility) Authority. PROCLA&~A T£ON 141HEt~EA$. Wl4~EA$. HIHEgEA$. NO~V DONE AND county government is a complex and mulHfaceted p~ocess which a££ects the lives o£ ali res/dents o£ Coil/er County: and, an increase# knowledge o£ ho~ various aspects of county government work can enhance an individual'~ quality o£ life in Coil/er County; and, it is desirable for all county res/dents to be knowledgeable o£ the county's government and how it works; and, the l~a~ue o£ ~/omen Voters o£ Collier County, Collier County University EA~ens/on/4-b/ Youth Development, and the Co/Her County Public ~chools have co-sponsored the Know Your County Government Tee~ for 2§ years. Commissioners z- is, ~oo4, ~tEEK A ~'7'E5 T: CHAIRA~AN D~rzGbtT E. BROCK, CLERK AGENQA~I TEM WHEREAS. WHEREAS. WHEREAS. WHEREAS. WHEREAS. PROCLAtAA TION it has been identified that within Collier Coun~/ there is a need for more ft~an ~0, 000 affordable housin9 un/ts; end. the valued residen~ of our community who need affordable ho~si~ serve/ts people and ~he businesses that are the economic backbone of our county: and, the averse sale price of a home in Collier Coun~t is more than $$3§,000; and, Habitat for Humenily International was established in 1976 to 9oarentee that every individual have ~he oppor~un/~/ of own/n9 a decent place/n which to live; and, ~he Habitat for Humanity affiliate in Collier Count/was founded for the purpose of addressing the need for affordable housin9 within the borders of our county Iow-income £am/I/es; and, since its in I9.78, the churches, businesses, than 3, 000 WHEREAS, NOW and DONE AND ORDERED THX5 ~ for the be a pa~t of. be Week the the world BOARD OF COUNTY CONt4~[SSIONER5 COLLIER COUNTY, FLORIDA OONNA F~AI.A, CHAI£1~AN A ~-rES T: DWIGHT E. BROCK, CLERK HAg 09 200, PROCLAMATTON WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, the quality of life and the economic and ecological well-being of Collier County are significantly dependent on the County's natura~ resources; and, invasive exotic plants pose a significant threat to the County's natural resources with certain plants causing safety and health problems to County residents; and, the Collier County Parks and Recreation, Facilities Management, .Solid Waste, Transportation, Water, Wastewater, and Museum Departments have upcoming and ongoing exotic vegetation removal pro, acts; and, the Environme exotic March will be removing invasive ties during the week of NOW ~ssioners of 14, 2004 be DONE AND ORbE OF COUNTY COMMZ.$$T. ONER$ COLI_TER COUNTY, FLOR.T. DA ATTE`ST: DONNA FIALA, CHATRMAN DWTC=HT E. BROCK, CLERK MAR - 200 PROCLAA~A TION WHEREAS, WHEREAS. WHEREAS, WHEREAS. WHEREAS. WHEREAS. WHEREAS. WHEREAS, nearly 700 Americans die each day from sudden cardiac arrest and 2~0. 000 patients die each year; and, nationally 95 percent of those who s~ffer cardiac arrest die before they reach the hospital; and, the American Heart Association emphasize~ that access to quick, quality emergency medical care improves the survival and ~ecovery of cardiac orrea~t potien~ dromaticalh' and, recognizin9 that proactive health care is critical the Booed e~Poblished an Advanced E~-qerna! Defibrillation (AED) Ordinance on A~ay 12, 1998; and, E,4~S deployed the £irst AED to the Collier County 5fleriff's Off/ce on July 1, 1998: and, AED trained citizens/n the quickly to effectively the it one of NOW AED Collier program DONE AND ORDERED TH'IS of Collier the §00~ Building in the of where the BOARD Of: COUNTY CO/~/~I55IONER5 CO!! TER COUNTY, FLORIDA A TI'ES T: DONNA ~_TALA. CHAZR/AAN'' DWIsHT E. BROCK, CLERK - EXECUTIVE SUMMARY ADA-2004-AR-5218 PELICAN BAY FOUNDATION, INC., REPRESENTED BY ROBERT D. PRITT, OF ROETZEL & ANDRESS, REQUESTING AN APPEAL TO OFFICIAL INTERPRETATION INTP-2003-AR-4307 RELATING TO THE APPROVAL OF SDPA-2001-AR-412 FOR THE CAP D'ANTIBES CONDOMINIUM PROJECT, WATERPARK PLACE, WITHIN THE PELICAN BAY DRI/PUD. THIS APPEAL IS PURSUANT TO COLLIER COUNTY LAND DEVELOPMENT CODE (LDC) SECTION 1.6.6. OBJECTIVE: The objective of this appeal by the applicant is to seek a reversal of the interpretation issued by the Director of the Department of Zoning and Land Development Review (previously known as Planning Services Director), by the Collier County Board of Zoning Appeals. The appeal is related to the approval of the Site Development Plan for Waterpark Place at Pelican Bay (Cap d'Antibes) SDP-2001~AR-412. The appeal claims that the Director has incorrectly interpreted Section 7.04.03 (see page 103 or page 5, Exhibit No. 1) of the Pelican Bay PUD, specifically that the required setback distances and distances between structures referred to in Section 7.04.03 A and B (minimum yards and distances between structures) could be reduced as "clustered buildings" with "common architectural themes," pursuant to Section 7.04.03 C. of the PUD. Second, that the Director failed to apply the provisions of LDC Section 2.8, Architectural and Site Design Guidelines and Standards for Commercial buildings. The objective of the Board of County Commissioners is to review the current Director's interpretation of the then existing facts and law related to the approval of the subject Site Development Plan and to determine if any part of what staff did was inconsistent with the then existing Land Development Code regulations (inclusive of the Pelican Bay PUD) and the Growth Management Plan. The appeal process is not one in which the Board or staff conducts a re-review of the already approved site plan, and it is not one in which the Board has the authority to revoke or amend the site plan, it is focused specifically on the questions raised by the applicant and the decisions rendered by the Director. Specifically, the issue is whether the interpretation as rendered by the Director regarding the rules in existence and as applied during the SDP amendment approval process, were applied consistent with the then existing codes and regulations. The Board is required to uphold the determination of the Director unless they determine that the official interpretation is not supported by substantial cdmpetent evidence or that the interpretation is somehow contrary to the Land Development Code. Should the Board make either of those findings and reject the staff's interpretation, the staff would then be required to re-evaluate the now existing SDP and quite likely all other similarly situated projects within the Pelican Bay PUD (see exhibit No. 2) and all other similarly AGF. N[)A IT~A regulated projects throughout the County based on the newly provided guidance of the Board. Thus, a ruling to not accept the interpretation may significantly effect many previous decisions regarding the application of these provisions of the code. Exhibit No. 2 provides a breakdown of projects which have utilized similar provisions within the Pelican Bay PUD. CONSIDERATIONS: On November 24, 2003 an official interpretation, INTP-2003-AR-4307 was rendered to Frederick R. Hardt, Esq. The same of which was received by him on'December 8, 2003. The interpretation followed an application made by Frederick Hardt to have the Zoning Director issue a formal opinion concerning the Pelican Bay PUD Ordinance No. 77-18, as amended by Ordinance No. 89-53 (Pelican Bay PUD) and other provisions of the LDC. The original site plan for Waterpark Place (approved in 1990) consisted of four separate high-rise towers and one single unit building to be constructed on a single parcel (Parcel B). After one of the four original towers was constructed in 1994, the developer petitioned the County to replat Parcel B into four individual tracts. The replat was approved and subsequently now consists of four individual tracts, specifically Tracts A, B, C and D. In 1997 Tract B was developed with a second high-rise condominium called the St. Laurent. Tracts C and D have yet to be developed. In 2000, the developer submitted an application to amend the original site plan to eliminate two of the four separate high rises (one planned for each tract) and instead opted for two high rise towers, joined together for the first four stories, on both Tract C and Tract D. Pursuant to provisions of the Pelican Bay PUD allowing him to do so, and as part of the Site Development Amendment application, the developer requested a reduction in the minimum yard requirement along the northerly boundary of Tract D from 100 feet to 50 feet, and the reduction of the required distance between the existing high rise condominium on Tract B (St. Laurent), from 200 feet to 150 feet. In his request for official interpretation the applicant asks the following: Does the SDP amendment qualify for a reduction from the minimum yard requirements under Section 7. 04. 03 of the PUD as a development consisting of "clustered buildings with a common architectural theme?" It is the Director's opinion that Sub-sections 7.04.03 A & B of the Pelican Bay PUD specifically provide the criteria for determining the dimensions of minimum yards and the standards for determining the distance between structures for principal and accessory uses. In the application for the SDP Amendment the subject development was designated as "Group 4" on the Pelican Bay PUD Master Plan. Section VII of the Pelican Bay PUD allows the development of multi-family residential buildings as a permitted residential use in Group 4. From the Director's review of the then applicable facts derived from the County's records for this SDP amendment, this application would qualify for a reduction from the minimum yard requirements for construction of multi-family buildings under the express terms of the condition stated in Sub-section 7.04.03 C. That condition required the multi-family buildings to be 2 }4AR - 9 Sub-section 7.04.03 C. That condition required the multi-family buildings to be "clustered buildings with a common architectural theme" which could only be constructed so long as the building's site plan was approved in accordance with Section 2.05 of the Pelican Bay PUD. Although not defined by either the Pelican Bay PUD or the LDC, "clustered buildings," unquestionably refers to "buildings" where individual units of permitted multi-family residential development are "clustered." The dictionary definition of a "cluster" is a number of the same sort of things gathered together. The Director's interpretation of this phrase under the then applicable facts is that in this SDP (and certain factually similar others in the Pelican Bay PUD) multi-family residential dwelling units permitted by right could be gathered or "clustered" together in one or more "Multi-family residential building[s]." As to the phrase "with a common architectural theme," the subject file is replete with multiple statements of Florida registered architects stating their expert opinions of compliance with the requirement that the clustered buildings have a "common architectural theme." Accordingly, under the interpretation of the terms of the condition stated in Sec. 7.04.03 C pertaining to "clustered buildings with a common architectural theme," and the facts applicable thereto, the distances in Sections 7.04.03 A & B, in the Director's opinion, could be reduced to those found on the approved SDP amendment. With respect to questions 2, 3, and 5, the requests made are not consistent with LDC Division 1.6 as to the form of the requests, because they do not set forth a set of existing or proposed facts applicable to the text of then approved or now proposed regulations so as to allow an interpretation of such text to be rendered. Apparently, the Director is being asked to determine what prior County staff had "applied or considered" as part of their review of the subject SDP amendment. Because the purpose of the Official Interpretation process, does not include a "review" of prior staff actions related to the SDP, the Director cannot respond to those requests. The fourth request asks, may the County Staff determine whether or not the SDP amendment qualifies as a "common architectural the?ne," project without conducting an architectural review under Section 2.8 of the Collier County Land Development Code. LDC Section 2.8.2, expressly limits the applicability of Division 2.8 (the "architectural review" standards) to commercial zoning districts, commercial, and "... non-residential components of PUD districts[.]" (Emphasis added.) As such, the "architectural review" standards contained in Division 2.8 of the LDC, by its own express terms, do not apply to the multi-family residential structures depicted in the subject SDP Amendment. Thus, Section 7.04.03. C. of the Pelican Bay PUD provides the only regulation that is required to be applied in order to determine whether or not the SDP Amendment would qualify for a reduction as a "common architectural theme." Because the subject SDP file contains letters from three professional architects indicating that the project is similar in design and use of materials and colors; the project has a signature entrance way that includes a gated structure, landscaping, signage and ornamental pavement surfaces; and street materials and lighting which AGENDA ITEJ~ MAR 0 9 would be architecturally complementary throughout the project access ways, the SDP Amendment would have qualified as a common architectural theme project. Although not part of the interpretation, in response to Request number 4, it is further noted that the subject file reflects that prior staff evaluated the SDP Amendment proposal for conformity with the "common architectural theme" standard. In his letter dated April 4, 2001, then Planning Manager Robert Mulhere determined that the SDP Amendment met the common architectural theme standard. FISCAL IMPACT: None GROWTH MANAGEMENT PLAN IMPACT: It is staff's opinion that the official interpretation as rendered by the Director is consistent with the Growth Management Plan. RECOMMENDATION: That the official interpretation, INTP-2003-AR-43072 by the Director of the Department of Zoning and Land Development Review concerning an interpretation of the cited provisions of the Pelican Bay PUD and the Collier County Land Development Code be upheld. PREPARED BY: Department of Zoning and Land Development Review Date APPROVED BY: ~// /Jc~ph K. Scl~/ditt, / /~dministrator, Comm. Dev. & Env. Services Division -lJ'ate / - MAR 0 9 200 i --- 7.04.03 MINIMUM YARDS A. From tract or development parcel lines, right-of-way' lines and/or the edge of the gutter of a private road, fifty (50) feet or one-half (1/2) 'the height of the structure,- whichever is greater except that detached accessory structures shall be set back twenty (20) feet or 1/2 of the height, whichever is greater. B. Distance between structures - 1) Between any principal structures - one-half (1/2) the sum of their heights but not less than fifty (50) feet. 2) Between any two accessory uses - one-half (1/2) the sum of their heights but not less than thirty (30) feet. C. In the case of clustered buildings with a common architectural theme, these distances may be less provided that a site plan is approved in'accordance with Section 2.05. ?.04.04 MAXIMUM HEIGHT OF PRINCIPAL AND ACCESSORY STRUCTURES: A. 'P~incipal structures: Two hundred (200) feet · above finished grade of the lot, excep~ those areas so identified on Exhibit M there shall be a maximum hetqht of five (5) storSes above one (1) floor of parking~ B. Accessor~ structures shall be limited to maximum of twent~-five (25) feet. above finished grade of lot except for ro6f top recreation facilities. ?.04.05 MINIMUM LIVING AREA OF PRINCIPAL STRUCTURES: A. Those principal use structures ~h~ch are tdent£fted in Section 7.03.A. shall contain a minimum of .seven hundred end fifty (?50) gross square feet of living area per dwelling unit within principal structure. B. The minimum living area of any hotel or motel unit permitted under Section 7.03.B shall be three hundred (300) square feet. There shall be no maximum square footage. 7-3 MAE Exhibit No. 2 The projects below have been submitted and reviewed in accordance with the Pelican Bay PUD in accordance with Section 7.04.03 which allows for a reduction in setbacks. 1. Bay Colony (Toscana) Building Height: 200'; Required Setback: 100'; Provided Setback: 70' 2. Bay Colony (Biltmore) Building Height: 200'; Required Setback: 100'; Provided Setback: 65' 3. Bay Colony (Trieste) Building Height: 200'; Required Setback: 100'; Provided Setback: 83' 4. Contessa: Conforms to Section 7.04.03 (A & B) 5. The Carlysle: Building Height: 200'; Required Setback: 100'; Provided Setback: 75' 6. The Brighton: Conforms with Section 7.04.03 (A & B) 7. Windsor: Building Height: 200'; Required Setback: 100'; Provided Setback: 42' 8. The Remington: Building Height: 200'; Required Setback: 100'; Provided Setback: 27' 9. Salerno: Building Height: 200'; Required Setback: 100'; Provided Setback: 75' 10. Marquesa: Building Height: 200'; Required Setback: 100'; Provided Setback: 72' 11. Montereno: Conforms with Section 7.04.03 (A & B) 12. Claridge: Conforms with Section 7.04.03 (A & B) 13. Marbella: Building Height: 200'; Required Setback: 100'; Provided Setback: 95' 14. Corondo: Building Height: 200'; Required Setback: 100'; Provided Setback: 85' 15. St. Pierre: Building Height: 200'; Required Setback: 100'; Provided Setback: 50' 16. Cap Ferrat: Building Height: 200'; Required Setback: 100'; Provided Setback: 50' P~. ~-? ~ Official Interpretation COLLIER COUNTY GOVERNMENT Community Development and Environmental Services Division Planning Services Department ° 2800 North Horseshoe Drive ° Naples, Florida 34104 November 24, 2003 Mr. Frederick R. Hardt, Esquire c/o Roetzel & Andress 850 Park Shore Drive- Trianon Center Naples, FL 34103 RE: INTP-2003-AR-4307 Request for official interpretation of Development Standards under the Planned Unit Development Ordinance for Pelican Bay (the PUD), as applied to the approval of SDPA-2001-AR-412 (the SDP Amendment) for the Development of Cap 'd Antibes at Waterpark Place in Pelican Bay. Dear Mr. Hardt: Pursuant to Land Development Code (LDC) Division 1.6, you have asked the Planning Services Director to render an official interpretation for five (5) separate requests pertaining to various provisions of Pelican Bay PUD Ordinance No. 77-18, as amended by Ordinance No. 89-53 (Pelican Bay PUD)(subsequent amendments to this PUD are not relevant to this Interpretation) and other provisions of the LDC. Please note that the Director of Zoning and Land Development Review has assumed the functions, duties and responsibilities of the Planning Services Director. In Request 1, you have asked: Does the SDP Amendment qualify for a reduction from the minimum yard requirements under Section 7.04.03 of the PUD as a development consisting of "clustered buildings with a common architectural theme?" Essentially you are asking whether the SDP amendment would meet the requirements of the cited regulations. Because the Official Interpretation process is not intended as a review of prior staff's administrative action, your request will be analYzed solely as an interpretation of the cited regulations to the then applicable facts. Sub-sections 7.04.03 A & B of the Pelican Bay PUD specifically provide the criteria for determining the dimensions of minimum yards and the standards for determining the distance between structures for principal and accessory uses. In the application for the SDP Amendment the subject development was designated as "Group 4" on the Pelican Bay PUD Master Plan. Section VII of the Pelican Bay PUD allows the development of multi-family residential buildings as a permitted residential use in Group 4. From my review of the then applicable facts derived from the County's records for this SDP amendment, this application would qualify for a reduction from the minimum yard requirements for construction of multi-family buildings under the express terms of the condition stated in Sub- section 7.04.03 C. That condition required the multi-family buildings to be-"clustered buildings with a common architectural theme" which could only be constructed so long as the buiiding's itc lan was approved in accordance with Section 2.05 of the Pelican Bay PUD. Y,o. ur request s' p ...... L_._ ,_~. ~^.,mtion about the SDP amendqlent for interoretation does not pertam to. un~ tm, ,.,,,,,-,. . ........ h any cc]aclus/~ns about und~-~ POD Section 2.05, and thus, this response aoes not analyze m l~,... , --] ._ ., that provis;on. ~,~ff,._~ ] ~R 0 ~ 2[;~tt Phone (239) 403-2400 Fax (239) 643-6968 ~ Mr. Fred Hardt, Esquire November 24, 2003 Page 2 of 3 Although not defined by either the Pelican Bay PUD or the LDC, "clustered buildings," unquestionably refers to "buildings" where individual units of permitted multi-family residential of the same soi't development are clustered. The dictionary definition of a "cluster" is a number of things gathered together. My interpretation of this phrase under the then applicable facts is that in this SDP (and certain factually similar others in the Pelican Bay PUD) multi-family residential dwelling units permitted by right could be gathered or clustered together in one or more "Multi-family residential building[s]." As to the phrase "with a common architectural theme," I note the subject file is replete with multiple statements of Florida registered architects stating their expert opinions 0f compliance with the requirement that the clustered buildings have a "common architectural theme." Accordingly, under my interpretation of the terms of the condition stated in Sec. 7.04.03 C pertaining to "clustered buildings with a common architectural theme," and the facts applicable thereto, the distances in Sections 7.04.03 A & B, in my opinion, could be reduced to those found on the approved SDP amendment. In regards to Requests 2, 3, and 5, please be advised of the following: these requests cannot be accommodated at this time because they are not consistent with LDC Div. 1.6., as to the form of the requests. Under LDC Section 1.6.3.1., Requests 2, 3, and 5 fail to meet the form established by the Planning Services Director because they do not set forth a set of existing or proposed facts arising from a proposed, pending, or approved development request which would be, or is applicable to, the text of then approved or now proposed regulations so as to allow an interpretation of such text to be rendered. In fact, the Planning Services Director (PSD) is apparently being asked to determine what prior County staff had "applied or considered" as part of their review of the subject SDP amendment. Because the purpose of the Official Interpretation process does not include a "review" of prior staff actions as an authorized function of the PSD, this office cannot respond to these Requests. In any event your Requests do not seek an interpretation about applicable regulations, instead they unquestionably seek answers to prior events that are questions of'fact. Accordingly, pursuant to LDC Section 1.6.3.2., as to Requests//2, 3, and 5, no further action on these requests will be taken unless, or until, the above-stated deficiencies are remedied. In Request 4, you have asked: May the County Staff determine whether or not the SDP Amendment qUalifies as a "common architectural theme," project without conducting an architectural review under Section 2.8 of the Collier County Land Development Code? LDC Section 2.8.2., expressly limits the applicability of Division 2.8 (the "architectural review" standards) to commercial zoning districts, commercial, and ".. · non-residential components of PUD districts[.]" (Emphasis added.) As such, the "architectural review" standards contained in Division 2.8 of the LDC, by its own express terms, do not apply to the multi-family residential structures depicted in the subject SDP Amendment. Thus, Section 7.04.03. C. of the Pelican Bay PUD provides the only regulation that is required to be applied in order to determine whether or not the SDP Amendment would qualify for a reduction as a "common architectura2 the~b MAR 0 9 2C3q Mr. Fred Hardt, Esquiie November 24, 2003 Page 3 of 3 As stated above, bec, ause the subject SDP file contains letters from three professional architects indicating that the Cap 'd Antibes project is similar in design and use of materials and colors; the project has a signature entrance way that includes a gated structure, landscaping, signage and ornamental pavement surfaces; and street materials and lighting which would be architecturally complementary throughout the project access ways, the SDP Amendment would have qualified as a common architectural theme project. Althou. gh not part of my interpretation, in response to your-Request #4, I further note that the subject file reflects that prior staff evaluated the SDP Amendment proposal for conformity with the "common architectural theme" standard. In his letter dated April 4, 2001, then Planning Manager Robert Mulhere determined that the SDP Amendment met the common architectural theme standard. Pursuant to Division 1.6 of the LDC, this interpretation has been sent to you via certified mail, return receipt requested. As this is a site-specific interpretation, all property owners within 300 feet of the subject property will receive mail notice and a copy of this interpretation and appeal time frames will be placed in the Naples Daily News. Within 30 days of receipt of this letter, or within 30 days of publication of the public notice, any affected property owner or aggrieved or adversely affected party may appeal the interpretation to the Board of Zoning Appeals. An affected property owner is defined as an owner of property located within 300 feet of the property lines of the land for which this interpretation has been rendered. An aggrieved or adversely affected party is defined as any person or group of persons, which will suffer an adverse effect to an interest, protected or furthered by the Collier County Growth Management Plan or the Land Development Code. A request for an appeal must be filed in writing and must state the basis for the appeal and include any pertinent information, exhibits, or other back-up information in support of the appeal. The appeal must be accompanied by a $500.00 application and processing fee. If payment is in the form of a check, it should be made out to the Collier County Board of Commissioners. An appeal can be hand delivered .or mailed to my attention at the address provided. Please do not hesitate to contact me should you have any further questions on this matter. Sincerely, ~an Murray, AICP, Director Department of Zoning & Land Development Review Cc: Collier County Board of County Commissioners James V. Mudd, County Manager Joseph K. Schmitt, Administrator, Comm. Development & Env. Srv. Div. Ray Bellows, Chief Plarmer Marjorie M. Student, Assistant County Attorney Patrick G. White, Assistant County Attorney Alamar Similey, Permitting Supervisor AC-~.NDA I~ MAR 0 9 200 Applicants Request for Appeal AGENDA I~w~-t~ MAR 0 [I'. IIIIIMIIII&)AN D RE S S I A LEGAL PROFESSIONAL ASSOCIATION 850 PARK SHORE DRIVE SUITE 300 NAPLES, FL 34103-3587 239.649.2714 DIRECT 239.649.6200 M^IN 239.261.3659 F?,X rpritt@ralaw.com January 5, 2004 VIA HAND DELIVERY Susan Murray, AICP, Director Department of Zoning & Land Development Review Collier County Government Planning Services Department 2800 North Horseshoe Drive Naples, FL 34104 RE: ADA-2004-AR-5218 WATERPARK PLACE AT PELICAN BAY PROd ECT #2001020062 DATE: 1/6/04 DUE: 1/21/04 SUSAN MURRAY RECEIVED JAN 0 ~ 260~. Petition No. INTP-2003-AR-4307 Under the Planned - Official Interpretation, Development Standards itI. ANNtN~b~gneo Unit Development Ordinance for Pelican Bay as Applied to Approval of SDPA-2001-AR-412, for Development of Cap d'Ant'bes at Waterpark in Pelican Bay Dear Ms. Murray: Enclosed please find the following: Notice of Appeal; and Check in the amount of $500.00, as the application and processing fee; Please file the original and return a time-stamped copy of the Notice to the courier for return to our office. If you have any questions, please feel free to contact me. RDP/mrt Enclosures cc: David Weigel, County Attorney Very truly yours,' Robert D. Pritt For the Firm Patrick G. White, Assistant County Attorney Collier County Board of County Commissioners CLEVELAND TOLEDO AKRON COLUMBLIS CINCINNATI WASHINGTON, D.C. TALLAHASSEE MAR 09 .,,~,. :ORT~!?s www. raJaw, corn COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS SITTING AS THE BOARD OF ZONING APPEALS IN THE MATTER OF: ) Official Interpretation, ) Development Standards ) Under the Planned Unit ) Development Ordinance For ) Pelican Bay as Applied to ) Approval of SDPA-2001- ) AR-412,for Development of ) Cap d'Antibes at Waterpark) in Pelican Bay ) INTP-2003-AR-4307 NOTICE OF APPEAL Please take notice that the Pelican Bay Foundation, Inc. (the Foundation), a Florida non- profit corporation, hereby appeals the interpretation of the Director of the Director of the Collier County Department of Zoning & Land Development Review (the DireCtor), dated November and received by counsel for Appellant on 24, 2003, December 8, 2003. This Appeal is pursuant to Collier Development Code (LDC) Section 1.6.6. the Collier County Board of sitting as the Board of Zoning The Foundation is easement rights in County Land and is to County Commissioners Appeals. an owner and beneficiary of real property immedi~ te . 0 9 adjacent to the Pro~ect, association for Pelican 13,000 members including the immediate vicinity Foundation is an within th~ meaning The Foundation adverse effect as is the Bay and members master homeowners' has approximately owning property in of the Project. The aggrieved or adversely party of Section 1.6.6. of the LDC. and its members will suffer an a result of the interpretation, to interests protected by the Collier County Growth Management Plan, map, LDC and related ordinances that exceed in degree the interest of the public at large. has The basis for the Appeal is that the Director incorrectly interpreted provisions of Pelican Bay PUD Ordinance No. 77-18, as amended by Ordinance No. 89-53 (Pelican Bay PUD) and other provisions of the LDC. The Appellant made two requests for interpretation, the first dated June 10, 2003, which was rejected by the Director on September 29, 2003 as to form, and a restatement of the request on October 8, 2003, which was responded to by the Director and is the subject of this Appeal. Specifically: 1. The Director has incorrectly Section 7.04.03 of the PUD that the referred to in Sections 7.04.03 A & 2 interpreted distances A~A IT~r_A~ B (min: muM MAR 0 9'200 / yards & distances reduced as "clustered architectural themes", 7.04.03 C. The Director stated terms and to the technical A careful discloses "clustered" nor of a "common theme" and therefore, do not reduction in distance. between structures) buildings" with pursuant to has misinterpreted has failed to fully architectural meaning review of the proposed that the buildings could be "common Section the above- inquire as of same. Project are neither architectural qualify for a were What other standards were applied?) the application for the SDP demonstrate that the approval of the will not be "injurious to the as inconsistent as to form. indicates existing text of then regulations...(see should have been The Director refused to respond to requests (clustered buildings--What other standards applied?), 3 (common architectural theme- & 5 (Did amendment site plan neighborhood"?) The Director that they do not set forth a set of or proposed facts...applicable to the approved or Interpretation). addressed. 3 now proposed These issues MAR 0 9 200 In fact, Appellant did set a set of facts in the original to in the restated request. forth just such request referred notice persons, reliance developer's inquiry, process. 3. The Director project is not under Division 2.8 of the LDC Section 7.04.03 C applies. Appellant contends that the of the Director (or any previous the buildings were "cluster" and that of a "common architectural theme", to aggrieved or an opportunity upon factual architects erroneously concludes that the subject to architectural review and that only determination director) that they are without adversely affected for a hearing, and determinations by without independent constitutes a denial of procedural due 4. To the extent that the ordinance should be so interpreted, whether by the Director or by the Board, the ordinance is invalid. To the extent that the inquiry submitted to hearing that process and Section 1.6.6. purports to limit of the Board to "evidence" that was the staff without notice and provision invalid. 4 is a denial o 09 200z, ! P,. Appellant requests a full evidentiary hearing on the interpretation(s), with due public notice to all persons who may have an interest, and with an opportunity to present, among other things, expert testimony on the issues outlined above. A list of Exhibits known at this kime is attached. Roetzel & Andress, L.P.A Attorneys for Pelican Bay Foundation, Inc. 850 Park Shore Drive Trianon Centre-third Naples, FL 34103 239. 649-6200 Robert . Pr Florida Bar No. 0196571 Marc A. Huling Florida Bar. No. 577871 Attorneys for Appellant floor CERTIFICATE OF SERVICE I HEREBY CERTIFY, that the foregoing Notice of Appeal and Exhibits, along with a check in the amount of $500.00, payable to Collier County Board of Commissioners, was delivered by hand delivery, on this 5th day of January, 2004, AICP, Director Department of 5 to Susan Zoning & Murray, A~dqDA ITEM MAR 0 9- 200q Development Review Collier Planning Services Department, Drive Naples, FL, foregoing Notice and to Patrick White, East Tamiami Trial, County 2800 North 34104, and Exhibits was Assistant Naples, FL Government Horseshoe a copy of the sent by U.S. Mail Attorney, 3301 County 34112. Robert D. Pritt Rdp MD:Pelican Bay Foundation--Appeal, Notice 1-04-04 6 AGE. hlOA ITED.4/~ MAR 0 9 :::~ ~._ /~_ 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. EXHIBIT LIST Request for Formal Interpretation, dated June 10, 2003, with a clean copy attached. Director's response letter dated September 29, 2003. Restatement of Request for Formal Interpretation dated October 8, 2003. Director's response letter dated November 24, 2003. Original site plan for Waterpark Place. Revised site plan for Cap D'Antibes at Waterpark Place. Letter dated November 29, 1999 from Guido J. Brito. Letter dated November 29, 1999 from Joseph A. Barany. Letter dated November 29, 1999 from David M. Humphrey. Brito, Cohan & Associates elevation of Cap D'Antibes. Letter dated December 20, 1999 from Mark W. Minor. Letter dated January 18, 2000 from Mark W. Minor. Letter dated February 14, 2001 from Mark W. Minor. Letter dated February 14, 2000 from Ronald F. Nino. Letter dated April 4, 2001 from Robert J. Mulhere. Letter dated February 12, 2002 from Thomas E. Kuck. P.U.D. Section 7.04.03. P.U.D. Section 2.05. All exhibits used by other participants to this matter. The Foundation reserves the right to amend this list. 422728_1 l?.. 20030 4 29P '. 'CHEFFY AND PASS[DOMO ANDRESS A LEGAL PROFESSIO~AL ASSOCIATION ~e10,2~3 HAND DEL~RY_ Ms. Susan Murray l~.anager of Cea?tnt Planning Collier County Government 2800 N. Ha~cshoc Drive Naples, Florida 34104 Request for Formal Luterprctafioa of Development Standards trader the Plann'~ Unit Development Ordinance for Pelican Bay (thc "PUD") as Applied ~o Approval of SDPA-2001-A.R-412 (the "SDP Amendment") for thc Development of Cap D'Antibes Condominium Project as the Final Phases ~ Watewpark Place Lu Pelican Bay (the "Project") Dear Ms. Munay: We represent the pelican Bay Foundation, Inc., a Florida nonprofit corporation (the '~Foundation"). In accordance with the Collier County Land Development Code (the "Code") Division 1.6, we hereby submit this request on behalf of the Foundation, for a form~ interjarctation of cea~in development standards act forth in the PUD as applied to Lh¢ Project. The Foundation has approximately 13,000 members and i~ the tna~ttrr homeowner's association for Pelican Bay. The ]Foundation, as an o~er and beneficiery of eazemen! rights in real property immediately adjacent to the Project, has sanding to make this request p~t to Code Section 1-6-2. SymcLfically, the Foundation requests an intcwpretation of the following rcxtuh-cments applicable to the Project: (1) The :equircd miaimum yard setbacks for ceucmms as act forth in laUD Sc~fion 7.04.03 and (2) The requirements for site plan approval as :~ct forth in PUD $ctedon 2.05. Apt*Ii. cable ~'U',D Develou~ent St~dard~ PUD Section 7.04.03 provides minimum ~ctbacks for stmctmcs from the property lines The required setbacks are as follows: CL.E-V'ELAND and between bui]di-gs. MINIMUM YARDS: 7.04.03 AKRON COLUMBUS CrNCI'NNATi fORT M' larw~r.l'nla'w.eom TOLEDO ",JUN. 12. 2003° 4'3O?bff°' CHEFFY AND PAS$[DOMO x~ ~"~'-'NO. 368~ P. 5/goo=-oov Su.~n Murray, Manag~ of Curreut Planning June 10, 2003 Page 2 From tract or development parcel Iincs, fight-of-way lines and/or the edge of the gutter of' a prlvatc ro~l, fifty (50) fc~ or one-half (1/2) thc height of thc str~turc, which~r is g;rcatcr except that detached acx:essory $h'uctuzcs ahall be set back tw~ay (20) f~et or ~ of the height, which~er is greater. B. Dismn~ between structures - 1) Bet~vcen any principal structures - onc-hs.lf (1/2) the sum of their heights but. not less than fifty (50) feet. 2) Between any two accessory uses - one-haft (I/2) thc sum of their heights but not less than thirty (30) feet In thc case of clustzred buildinF~s with a common architectural theme, these distax:aT, es may be ]css provid~I ttmt a site pl~n is approved in so'ord~nce with Settion 2.05? PUD Section 2.05 provides the required procedure for site plan approval. The rcq ,uired procedure is as follows: 2.05 SITE PLAN APPROVAL: When site plan approval is required by this documenL the following peoc~ure shall be followed: A written request for site plan approval shall bc submitted to thc Director for approval. Thc zv-.quest -~h~l include materials ncccs~y to demonstrate thst the =pprowl of the sitx phn will be in hlrmony with the gf~cr~l intent iud purpose off.his document, will not be injurious to the neighborhood or to ~djo~ing properfle~ .... PUD Dcxelopmcnt $~dtrd] for Pr~ic~:! The Collier County Community Development and Environmental Services Division (the "County") approved thc SDP Am-~cnt for the Project b~ed upon the exemption from required setbacks set forth in PUD 'Section 7.04.03C for "clustered buildings" with a "common ' Emphasis in quoted PUD ~d Code Secdous is supplJcd unless oth=-wls~ indicalcd. 09 200 ,-:, 6/~:jUN. IZ. 2003" 4:3OPM:°: oCHEFFY AND PASSiDO~,iO ~x ~xP~.~sNO. 3686 P. 6/9.o4-oo,.- Susan Murray, MaDager of Current Planning JuDe 10, 2003 Page 3 ar~:hitectuval the. me." As an initial requivement,-the Project must cicm'ly consist of "clustered lmil~ags" in order to qualify for the reduced s~tb~'ks. The Code Division 6.3 defines a "Cluster Development" as follows: "A design te~tmique allowed within residex~tial district~ by conditional usi:~ Tt~ form of developmea~t empI~ys a more compact arrangement of dwelling units by allowing for reductions in the standant lox requlvemen~s of thc ~pplicabl~ z~ning district, with thc difference between the reduced lot ~ ~ thc standard lot requirement being pl~,-~d in cominco open space. (See section 2.6.27)." Code Sex;don 2.6~.7.1 provides that thc purpose and intent of clust~ development is as follows: "The purl~se of cluster development is t~ provide a un3quc and innovative ~t~tive m ~e ~nv~6o~ ~sid~6~ development ... ~ ~g a more v~ e~ci~L a~ctive. ~d ~o~c~ ~d~ ~clopment contnin~g n mo~ u~ablc pt~v~ of open ~pace. It is inten&d to ~plcm~t ~e ~o~ m~~t p~ by, ~ong o~ ~. ~m~g compact ~ ~ ~~Mg ~b~ ~rawl, ~ en~~g ~e ~afion of cnv~~ ~es." Finally, Co~tc Section 2.627.4.6 pmvid~ additional reductions for projects with corm-non azchitcctural theme and atates as follow~: "In detexmln~g whether ox not a project qualifies as a common architectut~ theme project the board of corr~issioner's shall det~.Mnc that all ofthe following design features are hacorporated into the project: The archik-ctural style o! the chvelling units/strUctures shah be similar in d,",ig~ and in the use of ma~crials mad color. Thc residen~al project shall have a signature entr~nceway, which sex'rca to identify ~he development ~ having a common architectural throe. The en~-~ design and_ improvement cie:meats shall include some or all of the following: the usc of ..... tjUN. 12. 2003° 4:30PM~'°~ CHF~F~'Y AND PASSIDOMO ~,~ ~x,r.,--,NO. 3685 P. 7/9oo~.oo~. Su.~n Mm~ay, Manag~ of Current Planning June 10, 2003 Page 4 ]andscal:,c matcriala, gated srnmturc, water feature, s, sculptur~ and ornamc=tsl pavmmcnt surfaces. S~rc~t materials, sig;~a[~c, end lighting shall bc complcmenU~-y and thc same d~roughout ~h~ project's accessways." Thc Projcx:t docs oot qualify as a "cluster dcvclopmcnl" z.~ defined under Pwj~t is not a cl~ ~clopm~t ~ ~c ~ b~l~s (~c SL Pi~ ~g~ in a "~mp~ ~g~t'. ~ di~a ~n~icfion ~ ~e ~e, ~c ~j~ ~ rcs~ ~ ~c ~o~ly ~pmv~ d~elo~t for ~e silc. ~c foo~t acs for ~ ~c~ is ne~ly double (,6~ ~s) ~e Mzc of~e ~k~ ~c~ (.33 ~). d~s not con~i- "a more u~blc p~ of o~ ~, ~a~ ~e Project ~11 ~du~ ~o~t of ~ablc op~ ~ ~m 8.0 acres to 7.~ ~rcs. The Proj~t also does not kavc a "common m'chit~cmral theme" as defm~ in thc Code. Thc cxi~nE structures, the St Pierre and the St. Laurcnt, arc mur..h smaller in siz~ and scale compared to the propos~ Cap D'Antibcs sh'ucmre. Thc existing s~ctur~ arc stand alone buildings consistinl~ of a sinl~lc condominium tower, ho~,'c¥cr, the proposed Cap D' Antib~s combin~ two condominium tow~-s into a single building. The C~p D' An~ibes towers sro conn=ct~d a~ I~round l~cl by a four (4) s~ory lobby, but there is no such lobby connccting the existinll structures. Thus, thc e~tranccs to uhc cxisdng structures ar~ clearly di~t than thc cntrmucc to thc. proposed structure. Thc Projcc~ do~s not cluali~ as a "common arcMIc~tural theme' project tmdc--r Code Scc. gon 2.6.27.4.6 bccau.~: (1) the structures ar~ not "similar in desiBn" and (2) the structures do not have a similar "sil~n~tur¢ cntra~accway ~'lich s~rvcs to idenrif-y the developmcn! as havin§ a common architectural thorne". Tlwr~fore, the Cap D' Antibcs structur~ would cl~,'~rly consfira~ a substanti-,d dc-partur~ from thc curr~nt architectural theme of the ~xistin~ buildin~ in Watcrp~rk Pl~_c¢ (i.e. thc St. Pi~rr~ ~nd thc -~L I.~ur~n0. Mor~vcr, thc Coun~ Su~ approved the SDP Arncndm~t without conduct/n~ an arch/tcctural review of thc Project aft~ fu~dingsuch review to b~ non-applicabl,' in this ca~. Plca.~ see the att~J~d docum~tion indica*Jng that an architectural r~vic-w was not required for r~ Pmjcc~ as dctcrmin~ by Pon Nino, a former County Plann~'. Mr. Hino, who has sinc~ be~n t~-ir,~tcd from his position wi~ the County, did not have the authority lo w~ive thc r~quiremcnt for amhlt~ctural ~vicw. I~ i~pl~.ars thai Gulf Bay l~v¢lopment, ~ d~vclopcr of the Project, fail~xi to subm/~ any clcvation~ o~ any other arckiicctur-al drawings or plans for the Pro, eot as no' drawings or plans arc in thc County's r~spcct to the Proj~cL MAR COLLIER COUNTY GOVERNMENT COtVIMIYNFrY DEVF_,LOPME~ AND ENVIRONM_ENTAL SERVICES DMSION April 4, 2001 PLANNING SERVICES DEPARTMENT 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 Mr. D. Wayne Arnold, AICP 3800 Via Del Roy Bonita Springs, FL 34143 Re: waterpark Place at Pelican Bay, SDP-90-261 Dear Mr. Arnold: I have reviewed the information you have submitted in support of a reduction of the overall separation between the existing St. Laurent building and the proposed Waterpark Place building (to 150'),:as well as a 50' building setback along the northern property line of the subject parcel. The basis for your request is as follows: · Section 7.04.03 (C) of the Pelican Bay PUD allows for an administrative reduction of building setbacks where buildings are clustered and a "common architectural theme" is employed. · You have submitted documentation that the project does, in fact, employ a common architectural theme as set forth in the PUD document, including similar architectural design theme and the use of common materials and co]ors; a gatid signature entrance with a landscape theme that includes sig-nage and a decorative pavement treatment; and common treatments throughout the project for landscaping, wails, street design and materials, signage, and lighting. · A number of other developments in Pelican Bay have employed a comn~.on architectural theme and have been administratively granted a reduction in building setbacks based upon that provision in the PUD. · The nature of you request for building setback reduction does not exceed the amount of reduction granted to other similar projects wit_bAn the PUD under the "Common Architectural Theme" provision. Based upon this information and the consistent use of the "Common Archkectural Theme" provision set forth in the Pelican Bay PUD, it is my opinion that you may reduce the required separation between~tructures to a minimum distance of 150' and that the 50' side yard setback on the north property Ii_ne is acceptable. Where applicable please submit, fc;r our records, evidence that the site plan has been reviewed and approved the Pelican Bay Improvement D;~trict. ACa?eNOA I~.~/~ MAR O 9 Wayne Amold, AICP Waterpark Place at Pelican Bay (SDP-90-26I) 4/4/2001 Please feel free to contact me prior to April 13,200 I, should you have any additional questions regarding this matter. After April 13, 200I, please contact Tom Kuck, P.E. Acting Pla~ing Services Director. Sincerely, Planning Services Directol Cc: John Durmuck, III, Interim g~dministrator Community Development & Environmental Services Tom Kuck, P.E., Acting Planning Services Director Susan Murray, AICP, Acting Current Planning Manager SDP-90-26I File Pag COLLIER COUNTY GOVERNMENT CO~TY I)EVELOP1ViENT AND ENVIRON1VIENTAL SERVICES DMSION February 12, 2002 PLANNING SERVICES DEPARTMENT 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 Mr. Mark Minor, P.E. Q. Grady Minor & Associates 3800 Via Del Rey Bonita Spdngs, Florida 34134 947-1144 Re: SDPA-2001-AR-412 .. ' Waterpark Place at Pelican Bay Dear Mr. Minor:. This is in reSponse to your request along with the $100.00 fee to be granted a one year time extension on the approved Site Development Plan that expires on July 20, 2003. In compliance with Section 313.10 of the Land Development Code we hereby grant you a time extension until July 20, 2004 subject to meeting all revisions to the Code during this time frame. If you should have any questions, please advise. Sincerely, Thomas E. Kuck, P.E. Engineering Services Directod County.Engineer CC: Glenda Smith '" Sherry Eaton S D PA-2001 -AR-412 ; Engineering Services Department Reading File 5) Private clubs intended to serve the residents of PELICAN BAY. 6) Convalescent homes, rest homes, hom~s fo~ the aged, adult foster homes, children's homes, rehabilitation centers and licensed skilled nursing facilities; each unit shall count as one-third (1/3) of .e dwelling unit in accounting for the dwelling units assigned in 7.02 above. C. Permitted Accessory Uses and Structures: 1) Private boat' docks, with or without boat hoists, on waterfront lots, not protruding more than five (5) feet into the wa=er; except if such waterbody has a width of one hundred (100) feet or more, the dock may protrude not more than twenty (20) feet into such waterbody, providing, however, that no boat is used as a residence. 2) Non-commercial boat launching multiple docking areas. facilities and' 3) Customary accessory uses including private garages. and structures, 4) Signs as permitted by the Zoning Ordinance of' Collier County. 5) Model- dwelling units shall be permitted in conjunction with the promotion of the development. Such model units shall be permitted for a period of two (2) years from the initial use as a model. The Director may authorize the' extension of such use upon written request and Justification. 7.04 REGULATIONS 7.04.01 MINIMUM LOT AREA: One (1) net acre. 7.04.02 MINIMUM LOT WIDTH: 150 feet as measured at the front yard set. back"'- line .... ".'' 7~2 7.04.03 MINIMUM YARDS: A. From tract or development parcel lines, right-of-way lines and/or the edge of the gutter of a private road, fifty (50) feet or one-half (1/2) 'the height of the structure, whichever is greater except that detached accessory structures shall be set back twenty (20) feet or 1/2 of the height, whichever is greater. B. Distance between structures - 1) Between any principal structures - one-half (1/2) the sum of their heights but not less than fifty (50) feet. 2) Between any two accessory uses - one-half (1/2) the sum of their heights but not less than thirty (30) feet. C. In the case of clustered buildings with a common architectural theme, these distances may be less provided that a site plan is approved in accordance with Section 2.05. 7.04.04 MAXIMUM HEIGHT OF PRINCIPAL AND ACCESSORY STRUCTURES: Principal structures: Two hundred (200) feet above finished grade of the lot, except those areas so identified on Exhibit there shall be a maximum height of five (5} storSes above one ~1) floor of parking. Be Accessory structures shall be limited to a maximum of twenty-five (25) feet. above finished grade of lot except for ro6f top recreation facilities. 7.04.05 MINIMUM LIVING AREA OF PRINCIPAL STRUCTURES: A. Those principal use structures which are identified in Section 7.03.A. shall contain a minimum of seven hundred and fifty (750) gross square feet of living area per dwelling unit within principal structure. B. The minimum living area of any hotel or motel unit permitted under Section 7.03.B shall be three hundred (300) square feet. There shall be no maximum square footage. 7-3 2.05 2.06 SITE PLAN APPROVAL When site plan approval is required by this document the following procedure shall be followed: a. A written request for site plan approval shall be submitted to the Director for approval. The request shall include materials necessary to demonstrate that the approval of the site plan will be in harmony with the general intent and purpose of this document, will not be injurious to the neighborhood or to adjoining properties, or otherwise detrimental to- the public welfare. Such material may include, but is not limited to the following, where applicable: 1) Site plans at an appropriate scale showing proposed placement of structures on the property; provisions for ingress and egress, offstreet parking and offstreet loading areas, refuse and service areas; and required yards and other open. spaces. 2) Plans showing hook-up; proposed locations for utilities 3) Plans for screening and buffering with references as to type, dimensions, and character; 4) Proposed landscaping and provisions protected by County regulations; end for trees 5) Proposed signs and lighting, dimensions and character. including type, LAND USE Table 1 is a schedule of the intended land use ~ypes, with approximate acreages and total dwelling Units indicated. The arrangement of these land use types is shown on Exhibit "C", Site Plan. Variations in acreages shall be permitted at final design to accommodate topography, vegetation and other site conditions. The specific location and size of individual tracts and the assignment of dwelling units thereto shall be submitted to and approved by the. Director at the time of Master Plan approval of each development phase as required by the Collier County Subdivision Regulations. 2-3 MAR 0"9 / / I A An MAR 0 9 · A~socl3tes PLanning Znterior Design November 29, 1999 Colllier County Development Services 2800 N. Horseshoe Drive Naples, Florida 34104 We are the Design Amhit~ls for the Watetpatk Place Project located in Pelican Bay, Colher County, Florida_ In considering the exis6~ W~xpark Place dm'elopmeah we say the following: 1) That the architectural style of the .buil.dings are ~ in desiga' ~ in use 0r materials and color. 2) That the project has a signmm~ entxance way that includes a gated structure, landscaping, signage and ornamental pavement surfaces. 3) That the street materials, sigtmge and lighting shall be/are complementary and the same throughout the projc~'t access Ways. Sincerely, Guido I. Brito 91601129 Florida Registered Architect No. 9302 AGENDA ITEM~ "AR O'B BaranySchmittSummersWeaver Oa~,'Jm A. Summers. A~. Ronak~ G. Weaver, ~ K~nn,th L Lamers. RA Kennel~ G. Alii/, ArA .--c.'.. ,Myers Oh'i, ce: 1520 R.~ya~ P~m Sq. B~vd. Suite 300 Fo:t M'!ers. FL3391g 94 L'278-3~%3~ .c.~_;,; g-t 1/275-5356 ', ~.-' '. -" :.-~:; FAX 5-' :-:-'-~s_~ .~ A.A C?01863 InnovalJon and Performance in Atchitec~re and Planning 29 November 1999 Collier County Development Services 2800 North Horseshoe Drive Naples, Florida 34104 Re: Waterpark Place, Common Architectural Theme To Whom it May Concern: While with the firm of Barany Schmttt Weaver and Partners, inc., I was the design architect forthe St. Pierre Condominium project in the Waterpark Place Development in Pelican Bay, Collier County, Florida. I have reviewed the east elevation of the proposed Condominium project to be constructed in Waterpark Place which design was prepared by the architectural firm of Brito, Cohan and Associates (COpy of which is attac~ed). Having reviewed'this elevation, and comparing it with the existing St: Pierre Condominium, I am of-the following opinion: ' 1. The architectural style of the proposed, building is similar in de.sign and in the use of materials and color. 2. That all of Water'park Place does have a signature entry way which serves to identify the development as having a common architectural theme, landscaping, paving surfaces and a common wall along Pelican Bay Boulevard which is common to the entire Waterpark Place Development. 3. The street materials, additional signage and lighting, I have been ~lvtsed, will be complimentary and the same throughout the project's access ways. Sincerely, BARANY SCHMITT WEAVER AND PARTNERS, INC. JAB:lc Enclosure CC: Grady Minor and Associates Gulf Bay DAVID HUMPHREY & ASSOCIATES ARCHITECTS, , ./~ovdmbgr 29, 1999 Co'Ili~r Coun/y Develop~eht S~r~ice~ .. ' '" ' ,.' · · '. ' .2800 North Horseshoe'Drive .... "': " ~4164 '"" ' ' ' -"-'N~pl ~,Fl ~aa". .... " ' .-. e o . : .. · · ... ... ......... · :. :... . .; . . · .. i-..'...i. ':R:ef'-..W..aterp~-k lS. la, ce,.comm.on Ar~hi.tefi~ural.Th~ine. . -..: :. '... .': .., . ' .""-:: :";ro~;v,aom'Itm);co'aa~r/i:'-: ~.-"':-.~ .} .'.:...t.. : .:.-",.' ', ' ....."-.'.'. :. ·--..-:-.. ::...:.-..-..-.. .-~i :.":-'.-..-..'-.; ',.-'-':~::?~. i-:-'. :i"'...:".-:-.'-. :'-'": ~)::,..'..,-,}.:, i, '.:i :~' '-' .'--' '-' ':.'. -' '-: ....".:- ':".. ...' .; '--' -':"-.?~ } .'-":-:?: '-..'?.:'. .-. -'"" .' ." }i.-'.I"~rd iicefi's~d')/a-cl~ite~t ~raciicirig ~rh:narily in N~ple~i".Fio:;i~a; dhd ~t hq'~:[~'q:~i'~st of'G~ih;B'ay':.~:~ '?. ;i.-~ :.'-!-' ' .'. "' :' ";-:'-'" "De~/'elo'i~/~i~ht;'h~'~e'~evi~ved {he 'easi"eie:~tion df.ti~ 16rC;Pc~sdd las~'condoi~iifiihm':p~..~j~c't.'~; be :.-'?{;::'-."." '"'. :'.!i": :'-' ".." .'. :.'- -.' 'd~hit~ct~a ii~"W~t~¢ark Place', '~I~i;h'de'~ign ~,ak ,~r~ea b~,'th'e architec'tu~r~i' ~ii~n' ~fB~-i~tc~; '": ::'[!~ ~/...':;'-:-.-?.': "" ' ': .." alohan aha 'A'~sochte§ (c;py o~'whi~h'i~'attach~d).' 'H~iving'rervie~&d t~ ~l'~',)h~i'or~:: ..... '.': · , .,'¢o~/rih~ it Wi~ the e:iistin~ buildir~'in ~he res'i 0t'~t~rP~/rl~ Plac¢;'i &rff'~f. the £$11o~r/ng .-!.!..';;" .'.: .:-..'"-," :..:-'i'i:'i~}'dpini.oh!"-':;.! :'}(-' '! :--'-..,..'-'. :-'.'-'i. -."-(' :':"'""..'~"i'.' i,':-:.::..-,' ~}:.? .;. -: :'.~--'.;; :.-; '! -'.' .' '-.- :, ':~,,-. ! ;::::.::{( :::-'.~._:::: . ' 'r.:.'.~.-'..---..-.--..;: ........ - .... ~-~...· .-,. ..- ...... ._,.,,.. ~-i... -.. :;,-...~: .. ~ ....-. .... -. x: -,~ -, - ,.:-.:. .-,..,.-:.. :-.~,.-. -.... .-...-... ' ' ": : ' -:;' 'i' '.' i '. i.. -The'architectural style of the pi;opds~d last building in'Waterpa'i'k Pla'ce'i~'sim:il~i"h:i' '" ..::-..: ::' "!': ':.-;- .· '.'-. :.: . "fiat:m:,e..' and ~>f~;mpa/ibie"de~i~/n.:~i',fi}.d..' in' f//d:ti~of rfi'atii:ialS hnd' ~$10r',',..- }.'...'.: ~-~- . -.- . . -'.... . '.: ".:. . , .'..':-': .-._--,....: ~'..'.' :--.:'.~::','..~'..: :..'..'~,- -: ...' . .e,'. '. ':.;?. '. '-~,..' ~ '.'.~ '-". ~ "i'.'.~:'. ",., :...:'. ::. ~' . . ,..;.':. ~. ,,.. :: ..... '.- .2.......A,. ll..o.,f...W..a.t.e?:ark...p!.ace.~o.~s.,h, av.e. :a §igri~i~re.~n.ti'y'~Y.Whi~h':~'~ic'.e~ i6.1id~·i'ifY ". · aeve~opmenr as having a'eismmon' a'r'fihit~c~i-aI'/hehSe} lan/'IS&l~[fi'g; pavin~ · i. '-i ' - '..and a cor~hw'n'¥~li a'iohg Pelichh'-Ba~B0Ui'~a/-~l, which'is coni~'bn'i0 ~e--eniih '.' :i.- :'-.: ..._ ,. · ::: ::.' ': .- . ".W~terpark ?]~e DeVe'I;pm~ni.'-..";.Y" . "':"! ::{.:.'.' .' -: · ' '-i':::-" . ' :.-~ '_ :' ..'.-..'-!-.' -. --.. '-, ...v -,- ...- - 3. -I have' been.'~/dv/sed th~it tfi; ~h-eet ~hate~:ial.~, a~Idition~l S'i'g~age//nd llghtlng fo~"~he' .---z'} 'i :-' · . 'l~t c~)ndomJfiiurn broj~c/in 'i~Vaierp'm:k'Pl~cg;"wJli be ~6mplim~h~by and t~a'~ sam~" . ". ':'" · . - . . . . throUghout'Waterpark Piano's d~ss ~vays..". :}';. -.' · : . -'~-. 'i" .' '- .. :. '....' -. .... --i' .'-','"' ' ' '.. "-'." .,' :....- '' " Florida Registered ~ct ' License No. 9763 cc: Q, Grady Minor & Associat'es Gulf Bay Development MAR Q. GRADY MINOR, P.E. MARK W. MINOR, P.E. C. DEAN SMITH, P.E. "'-,_.,. DAVID W. 5CHMITT, P.E. MICHAEL J. DELATE, P.E. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · ?lanner, s December 20, 1999 D. WAYNE ARNOLD, A ROBERT W. TH1NNES, A. ERIC V. SA. NDOVAL, E THOMAS CHERNESKY, ~ ALAN V. ROSEI Ms. Sherry Long Collier County Development Services 2800 N. Horseshoe Drive Naples, FL 34104 RE: Waterpark Place, SDP-90-261 , Dear Ms. Long: ~" We are submitting to you herewith seven (7) sets of revised engineering plans, four (4) sets of architectural plans and check number ? in the amount of $255.00 for review and approval of an amendment to Final Site Development Plan, specifically Phases 4 and 5. The following is the project narrative and explanation of changes. Background Waterpark Place was originally approved in 1991. The planned project consisted of 4 kighrise towers and 1 single unit building. The project was to be constructed in phases. Two phases have been constructed as shown on drawing number 2. Construction has included the main entry and two (2) kighrise towers along with the necessary, infrastructure. Remaining to be constructed are the f'mal two towers and the single unit bui. lding. Narrative TNs amendment application is for the f'mal highrise tower, Phases 4 and 5. The project shall consist of the two towers (constructed as a single building but in 2 phases), pool deck and tennis courts constructed over a parking garage. Also proposed is the necessary infrastructure to support the building. Changes We have submitted seven (7) sets of revised plans showing the new building for Ph 5. From an engineering perspective, the site functions as originally permitted, i.e. the utility and drainage plans are insignificant. ses 4~^ ~T~, MAR 09 2:: Ms. Sherry Long RE: Waterpark Place, SDP-90-261 December 20, i999 Page 2 The sign/ficant change to the site is in the combination of the 2 stand alone towers into one building. The newly proposed buLIding consists of 2 high_rise towers connected at the ground level by a four (4) story lobby. The building details are contained in the architectural plans enclosed herein. The site plan shows the relationship of the newly proposed building with the existing highrise building to the south (St. Laurent) and the prop.erty boundary. Pursuant to the PelJcan Bay PUD and the Collier County Land Developmeht ,_C~ode, reductions can be made in the separation between buildings and yards by demonstrath~g that the project (Waterpark Place) ut/Iizes a common architectural theme. Waterpark Place does in fact utilize a common arckitectural theme. Enclosed is a certification to that effect from the design architect along with two (2) letters from independent architects attesting to ~e common architectural theme. The proposed site plan al/ows for a reduction in the separation between buildings (between Phase 4 and the existing St. Laurent) to I50'. In addition, the side yard setback along the north property, line' has been reduced to 50'. We request that you review and approve an. amendment to the Final Site Development Plan. if have questions additional in// contact you any or need rmation, please our office. ~I~y~yours, y ark W'. Minor MWM:jw Enclosure CC: F:.5~L. 1 Mark Strain Bill Ford AOF. NOA I~--~ MAR 0 - . Q. GRADY MINOR, P.E. MARK W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID W. SCHMrVr, P.E. MICHAEL J. DELATE, P.E. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners January 18, 2000 D. WAYNE ARNOLD, A.[.C.? ROBERT W. THINNES, A.I.C.P ERIC V. SANE)OVAL, THOMAS CHERNESKY, P.S.M ALAN V. ROSEMA._',; VIA HAND DELIVERY Mr. Ron Nino Collier County Development Services 2800 N. Horseshoe Drive Naples, FL 34104 RE: Waterpark Place At Pelican Bay, SDP-90-261 Dear Mr. Nino: We are submitting to you herewith a copy of the revised site plan and one (1) set of architectural . plans for a cursory review of proposed changes ~inal Site Development Plan, specifically Phases 4 and 5 building siting. The following is the project narrative and explanation of changes. Background Waterpark Place was originally approved in 1991. The planned project consisted of 4 highrise towers and 1 single unit building. The project was to be constructed in phases. Two phases have been constructed as shown on our site plan. Construction has included the main entry and two (2) highrise towers along with the necessary infrastructure. Remaining to be constructed are the final two towers and the single unit building. Narrative The proposed change is for the final higb~ise tow,-,-, Phases 4 and 5. The project shall o., of the two towers (constructed as a single building but in 2 phases), pool deck and tennis courts constructed over a parking garage. Also proposed is the necessary infrastructure to support the building. Chan~es The significant change to the site is in the combination of the 2.st,~.rtd_~one towers into one building. T.h~ newly proposed building consists 6f 2 highrise towers conn~ ~ ground level by a four (4) story lobby. The building details are contained in the archite~ tural~~ enclosed herein.~ -' ~:~'~ '~ (941) 947-1144 "FAX (941) 947-0375 · E-Mail: QGMA@aol.com ._37 Mr. Ron Nino RE: Waterpark Place At Pelican Bay, SDP-90-261 January 18, 2000 Page 2 The site plan shows the relationship of the newly proposed building with the existing highrise building to the south (St. Laurent) and the property boundary. Pursuant to the Pelican Bay PUD and the Collier County Land Development Code, reductions can be made in the separation between buildings and yards by demonstrating that the project (Waterpark Place) utilizes a common architectural theme. Waterpark Place does in fact utilize a common architectural theme. Enclosed is a certification to that effect from the design architect along with two (2) letters from independent architects attesting to the common architectural theme. The proposed site plan allows for a reduction in the separation between buildings (between Phase 4 and the · 'existing St. Laurent) to 150'. In addition, the side yard setback along the north property line has been reduced to 50'. We request that you review this information and issue a letter similar to the one you wrote to Mark Strain regarding Crown Colony (copy of letter is enclosed). MWM:jw If you have any questions or need additional information, please contact our office. · Minor Enclosure CC: Mark Strain Bill Ford F:STL I COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION February 14, 2000 Planning Services Department 2800 North Horseshoe Drive Naples, Florida 34104 Mr. Mark Strain Gulf BaY Communities Inc. 4001 Tamiami Trail North, Suite 350 Naples, FL 34103 Re; Waterpark Place Common Architectural Theme Relationships to Development Standards. Dear Mr. Strain: Pursuant to provisions of the Pelican Bay PUD relative to establishing development standards at variance with those otherwise specified for projects that meet the intent of a common architectural theme for clustered building please be advised as follows. We have reviewed the architectural plan for Waterpark Towers a twin tower building complex with a common f'rrst story and its relationship to the remainder of Waterpark a unified plan of development and have concluded that Waterpark Towers qualifies and contributes to the common architectural theme for all Waterpark. The elements of a common architectural theme consistently applied by this office means that the building are clustered within a unified plan of development, have a signature unified entryway, common landscaping and street scape and building of similar intensity and volume. The subject site can accommodate two completely separate towers. The towers by themselves are of similar intensity and volume to existing buildings. The orientation of Waterpark Towers to the St. Laurent and St. Raphel are at angles to one another diminishing the effect of the reduced separation. A development option one large building could have met the separation requirement from the St. Laurent building, but in our opinion would have had a detrimental effect on the totality of the Waterpark project. This office also acknowledges receipt of written opinions from four architects representing the work of existing buildings at Waterpark Place who further opine that the proposed Waterpark Towers compliment and are consistent with the goals of a common architectural theme. In conclusion this office renders its approval to the conceptual site development plan for Waterpark Tf~wers illustrating a separation of 150 feet fi.om the St. Laurel Tower. Ronald F. Nino, AICP Current Planning Manager f:/ron/RN/l/14/00/ts AGENDA MAR 0 Phone (941) 403-2400 Fax (941) 643-6968 www. co.collier, fl.us Q. GRADY MINOK, P.E. RK W. lVI~NOR, P.E. .)FAN SMITH, P.E DAVID W. SCI-I3drI'r, P.E. MICHAEL J. DELATE, P.E. Q. GRADY NffNOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · PIarmers February 12, 2001 D. WAYNE ARNOLD, A.I.C_P. ERIC V. SANI2~VAL P-q.M. THOMAS CHERNESKY, P.S.M. AI.A.N V. RC~EMAN Ms. Sherry Long Collier County Development Services 2800 North Horseshoe Drive Naples, FL 34104. Waterpark Place at Pelican Bay, SDP -90-261 Final Site Development Plan Amendment Dear Ms. Long: Enclosed please find the following items for review and approval of an Amendment to the Final Site Development Plan: 1. Eleven(11) Signed and sealedsetS"6~'revised plans. Four (4) signed and sealed sets of the architectural site plan, unit boundary and building elevations. Application fee calculations and application fee. Architect's certification of a common architectural theme. o o Fire flow (please note that the building will be fully sprinkled and will be detailed on the building permit drawings). Addressing checklist Please note that the FDEP permit applications and plans have been sent directly to Public Works. The following is the project narrative and explanation of changes. Backaround Waterpark Place unified development plan of 4 highrise towers an_d. :! single unit building. The projet constructed in phases. Two phases have been constructed as shown on our site plan and St. Pierre). Construction has included the main entry to Waterpark Place and two towers along with the necessary infrastructure, buffers and uniform landscapin,~ Remaining to be constructed are the final two towers and the single unit building. was ori~nally approved in 1991. , The Waterpark Place project constituted a lt. l~urenr // '- 2) h-ghn '- ~.uo ~PEI.ICAN'kMWlVI~ L 10212.D0C Ms. Sherry Long KE: Waterpark Place at Pelican Bay, SDP -90-261 Final Site Development Plan Amendment February 12, 2001 Page 2 Narrative The proPosed modification is to the final highrise tower(s), Phases 4 and 5. The project shall consist of the two towers (constructed as a single building but in 2 phases), po61 deck and tennis courts constructed over a parking garage. Also proposed is the necessary infrastructure to support the building. Chances The most siLmificant change to the site is in the combination of the 2 stand alone towers into a single building. The newly proposed building will consist of 2 highrise towers connected at the ground level by a four (4) story lobby. The building details are contained in the architectural plans enclosed herein. The plan reflects the reduction in units from the approved 212 units to 182 units in the new tower configuration The site plan shows the relationship of the newly proposed building with the existing highrise building io the South (St'."Laurent~jand ~ property boundary. Pursuant to the Pelican Bay PUD and the Collier County Land Development Code, reductions can be made in the separation betw~n buildings and yards by demonstrating that the project (Waterpark Place) utilizes a common architectural theme. Waterpark Place does in fact utilize a common architectural theme. Enclosed is a certification to that effect from the design architect along with two (2) letters fi-om independent architects attesting to the common architectural themei The proposed site plan allows for a reduction in the separation between'buildings (between Phase 4 and the ex/sting St. Laurent).to 150'. In addition, the side yard setback along the north property 1/ne has been reduced to 50'. These reductions are consistent and comparable to those approved by Collier County for other unified site pl~n~ having common architectural themes. If you any questions or need additional informau¢P office. have '_lease contact our ; /ark W. 1Wmor cc: John Hayes Michael Havener F:UO B~P ELICANLMWM~ L 10212.DOC AC, MAR 0 9 '-' Waterpark Place at Pelican Bay Phases 4 and 5 - Cap d' Antibes SDP - 90-261 SDP Amendment Application Fee Calculations Base Fee Unit Fee $10.00/Unit x 182 Units = $750.00 = $1,820.00 Building Fee , $25.00/Building x l'building = Fire Review Fee = Data Convm'sion Fee = ..: $25.00 $25.00 $25.00 Total = $2~645.00 AGENDA ITEIVl/x ' MAR 0 9 Susan Murray, Manager of Current Planning June 10, 2003 Page 3 architectural theme." As an initial requirement, the Project must clearly consist of "clustered buildings" in order to qualify for the reduced setbacks. The Code Division 6.3 defines a "Cluster Development" as follows: "A design technique allowed within residential districts by conditional use. This form of development employs a more compact arrangement of dwelling units by allowing for reductions in the standard lot requirements of the applicable zoning district, with the difference between the reduced lot size and the standard lot requirement being placed in common open space. (See section 2.6.27)." Code Section 2.6.27.1 provides that the purpose and intent of cluster development is as follows: "The purpose of cluster development is to provide a unique and innovative alternative to the conventional residential development ... by creating a more varied, efficient, attractive, and economical residential development containing a more usable pattern of open space. It is intended to implement the growth management plan by, among other things, encouraging compact urban growth, discouraging urban spraxvl, and encouraging the conservation of environmental resources." Finally, Code Section 2.6.27.4.6 provides additional reductions for projects with a common architectural theme and states as follows: "In determining whether or not a project qualifies as a common architectural theme project the board of commissioner's shall determine that all of the following design features are incorporated into the project: The architectural style of the dwelling units/structures shall be similar in design and in the use of materials and color. The residential project shall have a signature entranceway, which serves to identify the development as having a common architectural theme. The entranceway design and improvement elements shall include some or all of the following: the use of AGENDA I~ MAR 0 9 Susan Murray, Manager of Current Planning June 10, 2003 Page 4 landscape materials, gated structure, water features, sculpture and ornamental pavement surfaces. Street-materials, signage, and lighting shall be co~nplementary and the same throughout the project's accessways." The Project does not qualify as a "cluster development" as defined under the Code. The Project is not a cluster development because the three buildings (the St. Pierre, the St. Laurent and the Cap D'Antibes) are located in an straight row as opposed to being gathered or grouped together in a "compact arrangement". In direct contradiction to the Code, the Project will result in a reduction in the amount of common open space because it has a substantially larger footprint than the previously approved development for the site. The footprint area for the Cap D' Antibes structure is nearly double (.65 acres) the size of the existing structures (.33 acres). The Project does not contain "a more usable pattern of open space" because the Project will reduce the amount of available open space from 8.0 acres to 7.5 acres. The Project also does not have a "common architectural theme" as defined in the Code. The existing structures, the St. Pierre and the St. Laurent, are much smaller in size and scale compared to the proposed Cap D'Antibes structure. The existing structures are stand alone buildings consisting of a single condominium tower, however, the proposed Cap D' Antibes combines two condominium towers into a single building. The Cap D' Antibes towers are connected at ground level by a four (4) story lobby, but there is no such lobby connecting the existing structures. Thus, the entrances to the existing structures are clearly different than the entrance to the proposed structure. The Project does not qualify as a "common architectural theme" project under Code Section 2.6.27.4.6 because: (1) the structures are not "similar in design" and (2) the structures do not have a similar "signature entranceway which serves to identify the development as having a common architectural theme". Therefore, the Cap D' Antibes structure would clearly constitute a substantial departure from the current architectural theme of the existing buildings in Waterpark Place (i.e. the St. Pierre and the St. Laurent). Moreover, the County Staff approved the SDP Amendment without conducting an architectural review of the Project after finding such review to be non-applicable in this case. Please see the attached documentation indicating that an architectural review was not required for the Project as determined by Ron Nino, a former County Planner. Mr. Nino, ~vho has since been terminated from his position with the County, did not have the authority to waive the requirement for architectural review. It appears that Gulf Bay Development, as developer of the Project, failed to submit any elevations or any. other architectural drawings or plans for the Project as no drawings or plans are in the Cou'~;,,'~,_ c, le Therefore, it appears that the County did not perform any architectural review or ana~is ~t)A~ respect to the Project. ~ ! J MAR I1'[i Susan Murray, Manager of Current Planning June 10, 2003 Page 5 The Project also violates the requirements of PUD Section 2.05 which states that request for site plan approval must include documentation to demonstrate that the approval of the site plan will be "in harmony" with the general intent and purpose of the PUD and will not be "injurious to the neighborhood or to adjoining properties." The County's file does not contain any documents submitted by Gulf Bay Development that demonstrate that these criteria were satisfied. To the contrary, the Project would be injurious to the neighborhood and adjoining properties because it is much larger in than the existing structures and it will impair adjoining property owners' views of Clam Bay and the Gulf of Mexico. The Project will also cast a much larger shadow over neighboring properties than would a structure similar in size and scale to the existing buildings. Summary of the Foundation's Position Based upon the foregoing analysis, the Foundation contends that the Project, as approved by the County, does not comply with the applicable PUD development standards. The Project violates the required setbacks provided for in PUD Section 7.04.03 because it does not qualify for an exemption as a development consisting of "clustered buildings with a common architectural theme". In addition, the County could not have made the required finding that the Project consisted of"clustered buildings with a common architectural theme" without conducting an independent architectural review for the Project. Finally, the Project violates the requirements for site plan approval set forth in PUD Section 2.05 because it is not ~'in harmony with the general intent and purpose of... [the PUD]" and it will be "injurious to the neighborhood" and "adjoining properties". Formal Interpretation Request The Foundation seeks a formal interpretation regarding the following determinations: The Project does not qualify for a reduction from the minimum yard requirements under PUD Section 7.04.03C because it is not a development consisting of "clustered buildings with a common architectural theme," and accordingly, the minimum yard requirements in Paragraphs 7.04.03A and 7.04.03B are applicable to the Project. The County cannot determine whether or not the Project qualifies as a "common architectural theme project" under Code Section 2.6.27.4.6 without conducting an architectural review of the Project. MAR 09'20:~ Susan Murray, Manager of Current Planning June 10, 2003 Page 6 The County Staff had no authority to waive architectural review of the Project by the County where Project approval expressly required a finding that the Project consisted of "clustered buildings with a common architectural theme" as required under PUD Section 7.04.03C. The site plan approval for the Project did not comply with the requirements of PUD Section 2.05 because Gulf Bay Development failed to demonstrate that the approval of the site plan will be "in harmony" with the general intent and purpose of the PUD and will not be "injurious to the neighborhood or to adjoining properties." Enclosed with this letter is the application fee in the sum of $750.00. Thank you for your consideration. If you have any questions, comments or require additional information in order to complete this request, please contact me at (239) 649-2732. Very truly yours, FRH/tge Enclosure Frederick R. Hardt Board Certified Civil Trial Attorney For the Firm CC: Kyle Kinney, Pelican Bay Foundation, Inc., President Mr. Howard Bennett, Pelican Bay Foundation, Inc. Board of Collier County Commissioners 404557_1 067730.0008 MAR 0 9 200q September 29, 2003 COLLIER COUNTY GOVERNMENT Community Development and Environmental Services Division Planning Services Department · 2500 North Horseshoe Drive · Naples, Florida 34104 Mr. Frederick R. Hardt Roetzel & Andress 850 Park Shore Drive Naples, FL 34103 RE: iNTP-2003-AR-4307 Request for official interpretation of Development Standards under the Planned Unit Development Ordinance for Pelican Bay (the PUD) relative to the approval of SDPA-2001-AR-412, Waterpark Place at Pelican Bay (Cap D'Antibes). Dear Mr. Hardt: Thank you for your letter of June 10, 2003. Please be advised that after careful review and consideration a determination has been reached that the request you have made on behalf of the Pelican Bay Foundation, Inc., cannot be accommodated at this time. The request you have made for an Official Interpretation is not consistent with the Land Development Code's requirements in Div. 1.6., as to the form of the request. Under LDC Section 1.6.3.1., the form of the request provided fails to meet that established by the Planning Services Director because it does not set forth a set of existing or proposed facts arising from a proposed, pending, or approved development request which would be, or is applicable to, the text of then approved or now proposed regulations so as to allow an interpretation of such text to be rendered. The request provided merely seeks to have the Planning Services Director consider four "determinations." Thus, it seems the Planning Services Director is being asked to either agree with the determinations made, which appear to express the Foundation's position, or to dispute those determinations and perhaps that position in some unspecified manner. Accordingly, pursuant to LDC Section 1.6.3.2., your request regrettably must be determined to not be complete notwithstanding the obvious amount of research and t~me which it has taken to submit. As a result, no further action on the request will be taken until the above-stated deficiencies are remedied. Because there is no authority provided to the Planning Services Director in the LDC to substitute its restatement of your request or to recast the determinations provided in ~he form, of q,.,.estiens th.at seek an interpretation of precise facts as they may apply to specific regulatory provisions, please feel free to re-submit your request in a form that will correct the stated deficiencies and which comports with the requirements of Division 1.6. Sincerely, ~~Murra~ Susan Y, Current Planning Manager, acting as Planning Services Director CC: Collier County Board of County Commissioners James V. Mudd, County Manager Joseph K. Schmitt, Administrator: Comm. Deve & Env. Svcs Division Ray Bellows, Chief Planner Patrick G. White, Asaigant Cogaty ~ ~: ' Alamar Smiley, Pe~ra[~[r,g S~,b~. ,',sor - No. Phone (239) 403-2400 Fax (239) 643-6968 www.colliergov.net A LEGAL PROFESSIONAL ASSOCIATION October 8, 2003 850 PARK SHORE DRIVE SUITE 300 NAPLES, FL 34103-3587 239.649.2732 DIRECT 239.649.6200 MAIN 239.261.3659 F^X t3ardt~ralaw.com HAND DELIVERY Ms. Susan Murray Manager of Current Planning Collier County Government Planning Services Department 2800 N. Horseshoe Drive Naples, Florida 34104 Re: INTP-2003-AR-4307 Request for Formal Interpretation of Development Standards under the Planned Unit Development Ordinance for Pelican Bay (the "PUD") as Applied to Approval of SDPA-2001-AR-412 (the "SDP Amendment") for the Development of Cap D'Antibes Condominium Project as the Final Phases at Waterpark Place in Pelican Bay (the "Project") Dear Ms. Murray: Reference is made to your letter dated September 29, 2003. With respect to our Request for Formal Interpretation dated June 10, 2003, please consider this letter as a restatement of the Request for Interpretation as follows: Does the SDP Amendment qualify for a reduction from the minimum yard requirements under Section 7.04.03 of the PUD as a development consisting of "clustered buildings with a common architectural theme?" If your answer to Question I above is in the affirmative, in determining whether the SDP Amendment consists of "clustered buildings," what other standards, if any, imposed by the LDC, the Pelican Bay PUD or any other regulations, as defined in Section 3.3.5.10 of the LDC, were applied or considered by County Staff for purposes of the Site Development Plan review? CLEVELAND TOLEDO AKRON COLUMBUS CINCINNATI WASHINGTON, D.C. TALLAHASSEE www.ralaw.corn MAR 0-g 2S: October 8, 2003 Page 2 o If your answer to Question 1 above is in the affirmative, in determining whether the SDP Amendment consists of a "common architectural theme," what other standards, if any, imposed by the LDC, the Pelican Bay PUD or any other regulations, as defined in Section 3.3.5.10 of the LDC, were applied or considered by County Staff for purposes of the Site Development Plan review? May the County Staff determine whether or not the SDP Amendment qualifies as a "common architectural theme" project without conducting an architectural review under Section 2.8 of the LDC? Did the application for the SDP Amendment demonstrate that the approval of the site plan will not be "injurious to the neighborhood or to adjoining properties," as required by Section 2.05 of the PUD? And if so, what evidence was considered by County Staff in support of that determination? Thank you for your consideration. If you have any questions, comments or require additional information in order to complete this request, please contact me at (239) 649-2732. Very truly yours, ~ Board Certified Civil Trial Attorney For the Firm FRH/ys CC: Kyle Kinney, Pelican Bay Foundation, Inc., President Mr. Howard Bennett, Pelican Bay Foundation, Inc. 416507_2 067730.0008 AC-~r.r_NDA Il'EM MAR 0 9 2003 COLLIER COUNTY GOVERNMENT Commnnity Development and Environmental Services Division Planning Services Department ° 2800 North Horseshoe Drive · Naples, Florida 34104 November 24, 2003 Mr. Frederick R. Hardt, Esquire c/o Roetzel & Andress 850 Park Shore Drive Trianon Center ~ Naples, FL 34103 RE: INTP-2003-AR-4307 Request for official interpretation of Development Standards under the Planned Unit Development Ordinance for Pelican Bay (the PUD), as applied to the approval of SDPA-2001-AR-412 (the SDP Amendment) for the Development of Cap 'd Antibes at Waterpark Place in Pelican Bay. Dear Mr. Hardt: Pursuant to Land Development Code (LDC) Division 1.6, you have asked the Planning Services Director to render an official interpretation for five (5) separate requests Pertaining to various provisions of Pelican Bay PUD Ordinance No. 77-18, as amended by Ordinance No. 89-53 (Pelican Bay PUD)(subsequent amendments to this PUD are not relevant to this Interpretation) and other provisions of the LDC. Please note that the Director of Zoning and Land Development Review has assumed the functions, duties and responsibilities of the Planning Services Director. In Request 1, you have aske& Does the SDP Amendment qualify for a reduction from the minimum yard requirements under Section 7. 04.03 of the PUD as a development consisting of "clustered buildings with a common architectural theme?" Essentially you are asking whether the SDP amendment would meet the requirements of the cited regulations. Because the Official Interpretation process is not intended as a review of prior staff's administrative action, your request w-ill be analyzed solely as an interpretation of the cited regulations to the then applicable facts. Sub-sections 7.04.03 A & B of the Pelican Bay PUD specifically provide the criteria for determining the dimensions of minimum yards and the standards for determining the distance between structures for principal and accessory uses. In the application for the SDP Amendment the subject development was designated as "Group 4" on the Pelican Bay PUD Master Plan. Section VII of the Pelican Bay PUD allows the development of multi-family residential buildings as a permitted residential use in Group 4. From my review of the then applicable facts derived from the County's records for this SDP amendment, this application would qualify for a reduction from the minimum yard requirements for construction of multi-family buildings under the express terms of the condition stated in Sub- Section 7.04.03 C. That condition required the multi-family buildings to be-"clustered buildings with a common architectural theme" which could only be constructed so long as the building's site plan was approved in accordance with Section 2.05 of the Pelican Bay PUD. i_-',~r r~,,~sl for interpretation does not pertain to this last condition about the SDP amendmelI's a~,~ ~sions aoout under PUD Section 2.05, and thus, that provision. this response does not analyze or reach any concl' C o t~ ~ r C o ~ ~ t y .AR 09 2C3 Phone (239~ 403-2400 Fax (239) 643-6968 w Mr. Fred Hardt, Esquire November 24, 2003 Page 2 of 3 Although not defined by either the Pelican Bay PUD or the LDC, "clustered buildings," unquestionably refers to "buildings" where individual units of permitted multi-family residential development are "clustered." The dictionary definition of a "cluster" is a number of the same sort of things gathe:~d together. My interpretation of this phrase under the then applicable facts is that in this SDP (and certain factually similar others in the Pelican Bay PUD) multi-family residential dwelling units permitted by right could be gathered or "clustered" together in one or more "Multi-family residential building[s]." As to the phrase "with a common architectural theme," I note the subject file is replete with multiple statements of Florida registered architects stating their expert opinions of compliance with the requirement that the clustered buildings have a "common architectural theme." Accordingly, under my interpretation of the terms of the condition stated in Sec. 7.04.03 C pertaining to "clustered buildings with a common architectural theme," and the facts applicable thereto, the distances in Sections 7.04.03 A & B, in my opinion, could be reduced to those found on the approved SDP amendment. In regards to Requests 2, 3, and 5, please be advised of the following: these requests cannot be accommodated at this time because they are not consistent with LDC Div. 1.6., as to the form of the requests. Under LDC Section 1.6.3.1., Requests 2, 3, and 5 fail to meet the form established by the Planning Services Director because they do not set forth a set of existing or proposed facts arising from a proposed, pending, or approved development request which would be, or is applicable to, the text of then approved or now proposed regulations so as to allow an interpretation of such text to be rendered. In fact, the Planning Services Director (PSD) is apparently being asked to determine what prior County staff had "applied or considered" as part of their review of the subject SDP amendment. Because the purpose of the Official Interpretation process does not include a "review" of prior staff actions as an authorized function of the PSD, this office cannot respond to these Requests. In any event your Requests do not seek an interpretation about applicable regulations, instead they unquestionably seek answers to prior events that are questions of fact. Accordingly, pursuant to LDC Section 1.6.3.2., as to Requests #2, 3, and 5, no further action on these requests will be taken unless, or until, the above-stated deficiencies are remedied. In Request 4, you have asked: May the County Staff determine whether or not the SDP Amendment qualifies as a "common architectural theme," project without conducting an architectural review under Section 2.8 of the Collier County Land Development Code? LDC Section 2.8.2., expressly limits the applicability of Division 2.8 (the "architectural review" standards) to commercial zoning districts, commercial, and "... non-residential components of PUD districts[.]" (Emphasis added.) As such, the "architectural review" standards contained in Division 2.8 of the LDC, by its own express terms, do-not apply to the multi-family reside: iai.----..-- structures depicted in the subject SDP Amendment. Thus, Section 7.04.03. C. of the Pelican ,aoYr PUD provides the only regulation that is required to be applied in order to determine wheth{ not the SDP Amendment would qualify for a reduction as a "common architectural theme." 0 9 Mr. Fred Hardt, Esqui~ November 24, 2003 Page 3 of 3 As stated above, because the subject SDP file contains letters from three professional architects indicating that the Cap 'd Antibes project is similar in design and use of materials and colors; the project has a signature entrance way that includes a gated structure, landscaping, signage and ornamental pavement surfaces; and street materials and lighting which would be architecturally complementary throughout the project access ways, the SDP Amendment would have qualified as a common architectural theme project. Although not part of my interpretation, in ~'esponse to your Request #4, I further note that the subject.file reflects that prior staff evaluated the SDP Amendment proposal for conformity with the "common architectural theme" standard. In his letter dated April 4, 2001, then Planning Manager Robert Mulhere determined that the SDP Amendment met the common architectural theme standard. Pursuant to Division 1.6 of the LDC, this interpretation has been sent to you via certified mail, return receipt requested. As this is a site-specific interpretation, all property owners within 300 feet of the subject property will receive mail notice and a copy of this interpretation and appeal time frames will be placed in the Naples Daily News. Within 30 days of receipt of this letter, or within 30 days of publication of the public notice, any affected property owner or aggrieved or adversely affected party may appeal the interpretation to the Board of Zoning Appeals. An affected property owner is defined as an owner of property located within 300 feet of the property lines of the land for which this interpretation has been rendered. An aggrieved or adversely affected party is defmed as any person or group of persons, which will suffer an adverse effect to an interest, protected or furthered by the Collier County Growth Management Plan or the Land Development Code. A request for an appeal must be filed in writing and must state the basis for the appeal and include any pertinent information, exhibits, or other back-up information in support of the appeal. The appeal must be accompanied by a $500.00 application and processing fee. If payment is in the form of a check, it should be made out to the Collier County Board of Commissioners. An appeal can be hand delivered or mailed to my attention at the address provided. Please do not hesitate to contact me should you have any further questions on this matter. Sincerely, S~usan Murray, AICP, Director ~ Department of Zoning & Land Development Review Cc: Collier County Board of County Commissioners James V. Mudd, County Manager Joseph K. Schmitt, Administrator, Comm. Development & Env. Srv. Div. Ray Bellows, Chief Planner Marjorie M. Student, Assistant County Attorney Patrick G. White, Assistant County Attorney Alamar Similey, Permitting Supervisor it t2. 2007' 4:30PM 'CHEFFY A iD PASSiDOMO 36db V/U,o -oo? Susan Mm'fa),, Manager of Currrnt Planning June 10, 2003 Page $ . The.Project also ,.,iolatcs the requimment~ of PUD Section 2.05 which smt~s that rcqu~t for si~e plma approval must include documentation to demonstrate that thc approvsl of the site plan will be "in harmony" with thc ~cncral intent and purpose of the PUD and will not be "injurious to the neighborhood or to adjoining properties." The County's ~e does not cont..in any document~ submitted by Gulf Bay Development that demonstra~ that the~ criteria were satisfied, To the contrary, the Project would be injurious ~o the neighborhood and adjoining properties because it is much larger in uhan the existing structures and it will impair adjoining property owners' views ot Clam Bay and the Oulf of Mexico. The Projcct will also cast a much larger shadow over neighboring propcc6es than would a structure similaz in size and scale to existing buildings. of_the Foundation's Position B~sed ul:~n thc foregoing ~udysis, the Foundation contends that thc Project. ~s approved by the County, do~s not comply with the zpplic~ble PUD dev=lopment standm'ds. The Project violates the requirexl setbacks provided for in PUD Section 7.04.03 bccsuse it does not qtmlif'y for ~n exemption ~s a development consisting of "clustered buildings with a common architecturnl theme". In ~tdition, thc CountY could not have ma& the requir finding ttmt the Project consisted of "clustered buildings with a common architectural theme" without conducting an independent archit~tural review for the Project Finally, the Project violates the requirements for site plmu approval set forth in PUD Section 2.05 because it is not win harmony with the general intent and purpo~ of... [the PUD]" and it will bc "injurious to the neighborhood'' and "adj oi-~,,g prolx~CS". ]~orm~! Inter~l'~t~on Requ~t The Foundation seeks a formal interpretation regarding the following dete~ons: The P~ojcct does not qualify for a reduction from the minimum yard requirem-e-nts under PUD Sect/on 7.04.03C because it is not a development consisting of "clustered buildings with a common arrlfit~ttn~ theme," and acx. ordingly, the mh~u-num yard requirements in Pm--agrap~ 7.04.03A ~nd 7,04.03B are applicable to the Project. The County cannot de, termine whether or not the Project qualifies as a "common architex:rural theme project" under Code Section 2.6.27.4.6 without conducting an erchitex:tm-al review o f thc Proj eot N~A ~. MAR .... '~,JUN. 12.20030 4'31P~=°' 'CHEFFY AND PASSiDOAO .......... ~U. JO00 gusa~ Murray, Mazmgcr of Cun-ent Planning June 10, 2003 page 6 3. The County Slaff had no authority to waive architectm~ ~vie~t of thc l~oject by the Couz~y where ProjeCt approval cxpte.~ly reqoired a fit~&ing that the Pro~ect cot~sist~ of "clust~rcfl buildings with a common archite~=al theme" as ~equired undex PUD Section 7.04.03C. 4. The site plan approval fo~ the project did not comply with the fi:qui~ments of PUD Section 2.05 because Cnflf Bay Development failed to demonstrate that the approval of the site plan will be "iu harmony" .rith thc general intent and purpose of th= PUD and will x~ot be "i4uriou~ to the neighborhood or to adjoirdng Enclosed ~4th this lett~ is thc ,~pplic~tion fee in the sum of $750,00. Thank you fo~ you~ consider~ion. If you have any questions, c~mments or rcqulxc ~dd~fionel information in order to complete this request, please contsct me at (239) 649-2732. Vcty truly yours, Frederick R. Hardt Board Certified Civil Trial Attorney For thc Fisrn FRH/tg" Enclo~ua'e Kylc KJ.nney, Pelican B~y Foundation, Inc., l~tcside~ l~r. Howaxd Bennett, Pelican Bay Foundation, Board of Collicr County Commissiot~ets O~TT30.O00I AOENDA r1T. M MAR 0 9200q ... .5'.9: DR/ER2 COMPLETE DRYER3 COMPLETE DR/ER7 COMPLETE DR/'F1 COMPLETE i 6/5/2001 DR ?PB1 COMPLETE DRYPL1 COMPLETE 1 7/26,r2001 DR/PL3 COMPLETE !6/5./2001 DR,"PL4 ;COMPt. E'TE ~. 7/"z,7r'zo01 )R/PL5 COMPLETE i 3/8/2001 DR,:F'L9 N/A D R/S".:V'I N/A DR/TR5 3/8r2ool 3/8720o1 3/8/2o81 DepL :::: lDR?EH1 ..... 'DR/ER1 i DR,"ER2 :IEI.EA~ED DEW REV ENVIRONMENTAL HEALT COMPLETE 3/8/21X11 2/21~. DR/ER3 DR/ER7 DR/F1 DR/PB1 DR/Pt. 1 )R/PL3 DR/FI_4 DR/PL$ DR/PL9 DEV REV ENGR H20 ldGMT COt4PLETE Db/REV ENGR TRANSPORTATIOF COMPLETE DEV REV ENGR UTIUTIES COMPLETE DEV REV CHRISTINE WILLOUGHEh COMPLETE DEV REV FIRE COIdPLETE DEV REVPELICAN BAY 5WCS DIST COMPLETE DEV REV CURRENT PLANNING COMPLETE DEV REV ENrV1RON. PLANNING COMPLETE DEV REVADDRE$SIN6 COMPLETE DEV RD/LANDSCAPE PLANNING COMPLETE DEW REV ARCHITECTURAL PLANNI N/A DEV REV HISTORICAL PLANNING N/A 7/27/2001 7/16rz001 7/213/21301 6/5/2001 5/23rza)l 6/8/2001 7/27/2001 7/i 6/2001 7/17/2001 7730/2001 7/18/2001 7/20/2001 r~o/2lX}l 5/23/20m r~-u/2001 3/8/2001 2/'21/2(~ 3/2072001 7/26/2001 7~1s/200'1 7/2w2001 7/Z7/2001 7/16/2001 7/19/2001 AGENDA ~ MAR 09 2006 Pg' ~7 A LEGAL PROFESSIONAL ASSOCIATION 850 PARK SHORE DRIVE TRIANON CENTRE - THIRD FLOOI~ NAPLES, FL 34103 239.649-2732 DIRECT 239.649-6200 MAIN 239.261-3659 FAX FHARDT~RALAW.COM HAND DELIVERY June 1 O; 2003 Ms. Susan Murray Manager of Current Planning Collier County Government 2800 N. Horseshoe Drive Naples, Florida 34104 Re: Request for Formal Interpretation of Development Standards under the Planned Unit Development Ordinance for Pelican Bay (the "PUD") as Applied to Approval of S DPA-2001-AR-412 (the "SDP Amendment") for the Development of Cap D'Antibes Condominium Project as the Final Phases at Waterpark Place in Pelican Bay (the "Project") Dear Ms. Murray: We represent the Pelican Bay Foundation, Inc., a Florida nonprofit corporation (the "Foundation"). In accordance with the Collier County Land Development Code (the "Code") Division 1.6, we hereby submit this request on behalf of the Foundation, for a formal interpretation of certain development standards set forth in the PUD as applied to the Project. The Foundation has approximately 13,000 members and is the master homeowner's association for Pelican Bay. The Foundation, as an owner and beneficiary of easement rights in real property immediately adjacent to the Project, has standing to make this request pursuant to Code Section 1.6.2. Specifically, the Foundation requests an interpretation of the following requirements applicable to the Project: (1) The required minimum yard setbacks for structures as set forth in PUD Section 7.04.03 and (2) The requirements for site plan approval as set forth in PUD Section 2.05. Applicable PUD Development Standards 7.04.03 MINIMUM YARDS' CLEVELAND PUD Section 7.04.03 provides minimum setbacks for structures from the property lines and between buildings. The required setbacks are as follows: AOENDA ITM ~ TOLEDO AKRON COLUMBUS CINCINNATI MAR 0 9 2001' FORT M ERS Pg. :~AFL'ES www.ralaw.com Susan Murray, Manager of Current Planning June 10, 2003 Page 2 mo From tract or development parcel lines, right-of-way lines and/or the edge of the gutter of a private road, fifty (50) feet or one-half (1/2) the height of the structure, whichever is greater except that detached accessory structures shall be set back twenty (20) feet or ½ of the height, whichever is greater. B. Distance between structures - 1) Between any principal structures - one-half (1/2) the sum of their heights but not less than fifty (50) feet. 2) Between any two accessory uses - one-half (1/2) the sum of their heights but not less than thirty (30) feet. In the case of clustered buildings with a common architectural theme, these distances may be less provided that a site plan is approved in accordance with Section 2.05.~ PUD Section 2.05 provides the required procedure for site plan approval. The required procedure is as follows: 2.05 SITE PLAN APPROVAL: When site plan approval is required by this document, the following procedure shall be followed: ao A written request for site plan approval shall be submitted to the Director for approval. The request shall include materials necessary to demonstrate that the approval of the site plan will be in harmony with the general intent and purpose of this document, will not be injurious to the neighborhood or to adjoining properties .... Analysis of PUD Development Standards for Proiect The Collier County Community Development and Enviromnental Services Division (the "County") approved the SDP Amendment for the Project based upon the exemmicm frg[n required setbacks set forth in PUD Section 7.04.03C for "clustered buildings" with J"co~ ~ Emphasis in quoted PUD and Code Sections is supplied unless otherwise indicated. / ~A[~ 0'9 200/ / Pelican Bay PUD Ordinance MAR 0 ~ 2006 ORDINANCE NO. 93- 63 ... ESTA_".LLS 3£ ONE ~DS SE~ION 2.12, ~E ~TION~ ~CiLiTiES S~ED~E, BY ~GING THE EDI~TION ~D CO~EY~CE REQUIRerS; SE~ION O ~I~ ~DS SUBSE~ION A, P~NCIP~ USES, ~%~ ~E~ION 9 02, USES P~I~, BY ~DING ~ ~ ......... '""ES' SE~ION ~EE ~I~ ~DS szabo, P~LIC S~VICES, BY ~GING ~E TITLE OF ~E S~SE~ION, THE TIMING OF ~E ~QUI~D DEDI~TIONS ~D Co~CES,-~D BY ~DING A' L~ST OF I~ROV~S ~ BE PROVID~ BY ~E D~P~ WI~IN ~E COMITY P~ T~~ WITH ~E TIMING OF SU~ I~RO~S; SE~ION FO~ ~I~ ~DS S~SE~ION A, NEIG~O~D P~S, OF SE~ION 12.05, RE~TION ~S, TO MO~ SPECIFI~Y DES~IBE ~E NEIGHBOreD P~S WI~IN ~IS P~ DIStil, TO S~ FOR~ THE ~QUI~D D~P~ I~RO~S FOR ~CH p~ ~ ~ PROVIDE DEDI~TION ~D CO~EY~CE ~QUI~TS; ~D SE~ION FIVE, ~I~ PRO, DES ~ EFFE~IVE DATE. SECRETARY OF STATE WHEREAS, on April 19, 1977, the Board of County Commissioners approved ordinance Number 77-18, which established the Pelican Bay Planned Unit Development; and WHEREAS, Westinghouse of Naples, Inc., petitioned the Board of C~unty Commissioners of Collier County, Florida, to amend ordinance N~her 77-18, as amended, by further amending Sections 2.12, 9.02, 12.04 and 12.05 thereof; NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENTS TO RECREATIONAL FACILITIES SCHEDULE Section 2.12,' Recreational Facilities Schedule, of Ordinance 77-18, as amended, the Pelican Bay Planned Unit Development, is hereby amended to read as follows: 2.12 RECREATIONAL FACILITIES SCHEDULE The applicant shall cause the following recreational facilities to be constructed subject to obtaining all permits. The schedule for development of these facilities relates to the issuance of building permits according to the following table. Non-compliance with this schedule will result in withholding of additional permits until compliance is achieved. Words ctruch~-~.rcu-..~ are deleted; words underline4 are added. BUILDING PERMITS FOR NOT MORE: FACILITY OR SITE 400 Units 700 Units 1600 0nits Golf Course 9 holes 9 holes Clubhouse ~ X ===t ganoe Launch/D==% cano~ Dock ** X Boardwalk '' X Nature Trail x Neighborhood Parks** .._:~ ~ Government Administration - 5 acre= -cr~ ___..---~ l,~C~ ..... ~ ~=r Site/Community Park Site*** fir== ~, .......... * ClUbho~we for golf an~ _=nnl= c:n-inc= - 5,000 square feet minimum-. - .. : ** Neighborhood parks, to t=t:! = n_n.mum = ......... be improved, dedicated and conveyed to' the Pelican Bay of NaPles Foundation. Inc. pursuant to Section 12.05A below.' Bea~ ~anoe launch/~c=t canoe dock. is included as. part of the neigl~borhood parks% -'"'=:~-"':.:: .. .:' 'L:: . *** Government ~inistration site/community park site to be ~ n=xi=---n =f ~ =crc= i~Dr~¥ed, dedicated and conveyed to Collier County pursuant to Section 12.04B below. SECTION TWO: AMENDMENTS TO USES PERMITTED SECTION Subsection A, Principal Uses, of Section 9.02, Uses Permitted, of Ordinance 77-18, as amended, the Pelican Bay Planned Unit Development, is hereby amended to read as follows: 9.02 USES PERMITTED No buiiding 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. Pr~ncipal Uses: Parks. Dlav~rounds. Dlavftelds add common%y owned 9pe~ space. ]~h4~ Government admini~tration facilities such as a fire station, library, sheriff's substation.'branch courthouse offices, auditorium, etc. SECTION THREE: AMENDMENTS TOPUBLIC SERVICES SECTION Subsection B, Government, of Section 12.04, Public Services, of Ordinance 77-18, as amended, 'the Pelican Bay Planned Unit Development, is hereby amended to read as follows: 12.04 PUBLIC SERVICES B. Government Administration Site/Community Park Sit. To the exten~ not previously dedicated and convevedn ~ ~wenty (20) acres located in the vicinity of the Community Commercial parcel near Vanderbilt Beach Road and U.S. 41 will be dedicated and conveyed to Collier County immediate%¥ uuon the completion of the community Dar~ Words ~ ' =.rue.: t~rcugh are deleted; words underli~e4 are added. --2-- AGE~A I ' ~ MAR 0 improvements described below· in incrcmcn.= ~ .irc .... ~'~ ..... : .... =''-~ The major portion of this area is intended to serve as a community park with the minor portion -. to be used for such things as fire station, library, sheriff's substation, branch courthouse offices, auditorium, etc. Non-administrative uses such as open storage equipment yards and other non-compatible government functions shall not be permitted within this site. The applicant shall be given the opportunity to review the architectural plans for any facilities planned for this area prior to their construction. Within the community park. fhe developer will. at expense, provide the following improvement, s Eight ¢8). Har-Tru or hard-surface (as the County shall elect) regulation tennis courts (unlighted}, · One (1~ regulation combination soccer~softball field (unlighted), One ¢1) re~ulation basketball court (unlighted). · One {1~ regulation volley ball court {unlighted), · Four {4) regulation racquetball courts {unlighted). · One ¢1] community park-sized shelter containing one male restroom and one ¢1) female restroom. · Parking lots at county-approved access points within the park that contain approximately 57 parkin~ spaces, which ~eet state a~d county standards for handicapped and other re~uirements Cunlighted), For purposes of this section use of the words "as existing", ,lighted" and "unlighted" ~s for the sole purpose of describing the capital Smprovement obligation of th,'. ~estinghouse Communities of Naples. Inc,, and is not tQ construed as a limitation on improvements for each of th,. capital improvements described above, The community ~ark ~mprovements shall be completed b~ Jup,. 30. 1994. unless completion is delayed because of circumstances beyond applicant's reasonable control, in which 9vent. the community park improvements shall be completed as soon as reasonably possible thereafter. SECTION FOUR: AMENDMENTS TO RECREATION AREAS SECTION Subsection A, Neighborhood Parks, of Section 12.05, Recreation Areas, ~f Ordinance 77-18, as amended, the Pelican Bay Planned Unit .Development, is hereby amended to read as follows: Neighborhood Parks Words - ' =.ruc.: t~rcugh are deleted; words ~ are added. --~-- As more particularly described below· land for neiqhborhood parks, toqether with certain neiqhborhood park facilities w~ll be dedicated and C0nveved to the pelican Bav of Naples Foundation. Inc. as neiahborhood parks for exclusive use bY the residents of Pelican Bay On or before June 30. 1994. 'the applicant shall install and construct, at its expense. ~ertain improvements within the neiahborhood parks. 'A'he location and of the neiahborho0d parks and dec,rip,Ion of the existing.improvements a~d the improvements to be constructed within such parks are listed below: 1. The Commons (9.56 acres):' ~ '~ministration.buildin~ fas. existing%. ~'.-'~iaht (8) Har-Tru tennis-courts (as existin~.. Two-C2.) hard-surface tennis courts (as existing%. Tram turnaround (as exist~n~). .Tennis building;shelters (as eXistin~% ~arkin~ for 195 cars (as existing%. One .[l%.tot lot-¢as.existin~),.~.. · Two~(2~-:re~ulation. horseshoe-.Dits.-(unltahted~. · Two (2% re~ulation shuffle board courts (unliuhted). 2. South Beach Facility and Boardwalk (3.43 acres%: · Two (2% restaurants (as existing%. ~ p~vilion (as existing%. '' '- · · Parkin= for 130 cars (as existin~). · Two (2)'Tram shelters fas existin~:'' 3. Rid~ewood Park (3.73 acres%: · Exercise trail (as existinq%. · Picnic facilities (unli~hted). ' One (1) tot lot (unlighted), ~..-.,:. Parkin~ for six (6% cars (unlighted) ....... . 4..;zOakmont Park ¢9~62 ajres%; ............ 7.' ..... '.' ~._. · Exercise;nature trail (as existing). ~ .... :._.Tot lot North StatiOn Park (4.7 acres%: ~ram storaae;shelter buildin~ (18' Parkin~ for 50 cars (unlighted). Hammock Oak Park-(7.97 acres~: Eight (8% Har-Tru regulation tennis courts ¢liuhted~, Two (2% regulation horseshoe Pits ¢liqbted)~ Two (2) regulation shuffle board courts (lighted%. Tennis buildinu with. office and storage space and ~1) male restroom and one (1~ female restroom CaDDroximatelv 20' x Parkinq for 24 cars ¢liahted), For ourDoses of this section use of the words "as existin~,,. "lighted" and "unlighted" is for the sole purpose of describina the capital improvement obliaation of th~ Westinahouse Communities of Naples. Inc.. and is not to ~.I construed as a limitation on improvements for each of th~ capital improvements described above, The neighborhood park improvements shall be completed not later tha~ June 30, 1994. unless such completion is del~ye~ because of circumstances beyond anplicant's reasonabl~ control, in which event, the nei,hborhood park improvement~ shall be completed as soon as reasonably Possible thereafter, To the extent not previously dedicated and conveyed, th~. lands for the neiahborhood Parks shall be dedicated conveyed ~o the Pelican Bav.of Naples Foundation, inc. immediately upon completion of the neiqhb0rhood Dar~ Words =truck~.~.rcu-..~ are deleted; words ~ are added. --4-- AGENDA IT~N~ ~ MAR 0 9 .... ' SECTION FIVE: EFFECTIVE DATE This ordinance shall become effective upon receipt of notice from the Secretary of state that this ordinance has been filed with the Secretary of state. PASSED'AND DULy ADOPTED by'the Board of county commissioners of Collier county, Florida, this /.~/ day of ~ 1993. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BURT L. SAUNDERS, CHAIRMAN This ordlr~nce filed with the WOrdS ~ ~ ~ ..... ~ u.ru= ........ ~.. are deleted; words ~ are added. --5-- ORDINANCE 90- 66 AN ORDINANCE AMENDING ORDINANCE NUMBER 77-18, AS AMENDED, WHICH ESTABLISHED THE PELICAN BAY PLANNED ~ IT DEVELOPMENT BY AMENDING THE FOLLOWING SECTION ~ THE ORIGINAL PLANNED UNIT DEVELOPMENT DOCUN .E~.T.S: ~: CTION VII, GROUP 4, SUBSECTION 7.03, USES rJ RMITTED, PARAGRAPH C - PERMITTED ACCESSORY USES ~ND STRUCTURES, BY ADDING TENTS AS A PERMITTED ;.i A~cEssoRY USE TO H~ELS ~'m .OTELS IN THOSE ~Rm~S " ~$IGNATED AS GROUP N ON THE PLANNED UNIT ' .~4,~'I:~EVELOPMENT SITE PLAN WITH CRITERIA; BY ADDING :: ,. ~.~.~..,_,~.~/~/COLLIF--~ COUNT~ PLANNING CO~ISSIO~ RECOm~END~TIONS; ' AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Westinghouse Communities of Naples, Incorporated, the developer of Pelican Bay, petitioned the Board of County Commissioners of Collier County, Florida, to amend Ordinance Number 77-18, as amended, The Pelican Bay Planned Unit Development Document, in order to permit tents to be used for certain functions on hotel properties; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: Amendments to SectionVII, Group 4, Subsection 7.03, · Uses Permitted, Paragraph C, Permitted Accessory Uses and Structures, of Ordinance No. 77-18, as amended. Section ~FII, Group 4, Subsection 7.03, Uses Permitted, Paragraph C, Permitted Accessory Uses and Structures, of Ordinance No. 77-18, as amended, is hereby amended to read as follows: C. Permitted Accessory Uses and Structures: 1) Private boat docks, with or without boat hoists, on ~ waterfront lots, not protruding more than five (5) feet into the water; except if such waterbody has a width of one hundred (100) feet or more, the dock may protrude not more than twenty .(20) feet into such waterbody, providing, however, that no boat iS used as a residence. 2) Non-commercial boat launching facilities and multiple docking areas. 3) Customary accessory uses and structures, including private garages. 4) Signs as permitted by the Zoning Ordinance of Collier County. 5) Model dwelling units shall be permitted in conjunction with the promotion of the development. Such model units shall be Permitted for a period of two (2) years from the initial use as a model. The Director may authorize the extension of such use upon written request and justification. Words-s%ruek-%hreuqh are deleted; words ~are added. --1-- o on ear eriod be 'n wit he e ective a rova date o t's amendment te s a be e 'tted i co 'unc o wit ore o mote s vid'n t e o ow'n s anda ds sh . be ~A~ e tent s be o sa s'te as the bore1 or motelL ents ~ermitted und. e . _e._~.o .~ similar ~ used o or eet ba t~ a o s m ,,~eveBt t~pe" social functions~ te' a ov d ¢c, d w't t e 0 ts s a b ca s at t e a e ~ {d} v sib e f m a ub t dsca e cee wh'c as t t ta blo ' the v~ew of said tent from a public street shall be dee~ed ~CCeDtable~ /~ ~dhere a tent is to be erected u~de~ this ~ection so that it could be viewed from an addacent residential area then said view ~ista shall be in accordance with Section 8.37 b the zonin~ ordinance and as a function of a ~ection 10,5 review and approval~ No tent erected under this section shall be located closer than 100 feet to any public street and 200 feet to any residentiallv uoned or use~ propertv. ~ ~o noise transmission from said tent permitted DBder this section shall exceed the specifications set forth in the Collier County ~0ise Control Ordinance 90-17. as amended. {h% ~nv existin~ tents will be removed at the 9wner,s expense prior to the expiration of the one (1% year period defined in DaracFraDh C(6~. The minimum size tent structure tha~ may be 9rected under this section is 3.000 s~uare ~eet. Tent structures erected under this section shall pav all applicable impact fees as prescribed by the appropriate County ordinance at the time of an approval of a final Site Development Plan as Provided for bv Subparagraph ~c) above. Said impact fees are non-refundab%e upon the removal of the tent ~ollowin~ the one year period of authorization. however if buildinu permits are issued for a permane2% bu~ldin~ to replace said tent structure within one year followin~ the removal o~ the tent, a credi~ a~ainst the impact fees and/or system development charges payable for the permanent building, up to the amouPt of the charges paid for the tent shall be'~iven. Tents erected udder this section shall be g%ear-span frame structures aBd not tradit$onai are deleted; words underlined are added. --2-- AGE. NDA MAR s e o m a b w ~ite olan review~ ~ECTION TWO: Effective Date This Ordinance shall become effective upon receipt of notice from the secretary of State that this Orainance has been filed with the secretary of State. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Words-s~uek-~h~u§h are deleted; words underlined are added. MAR 0 9 '2DDt, ORDINANCE 89- 35 A/q ORDINANCE A~4ENDING PUD ORDIN~{CE 77-18, W~ICH ESTABLISHED THE PELICAN BAY PLANNED UNIT DEVELOPMENT, BY AMENDING THE FOLLOWING SECTIONS OF THE ORIGINAL'PUD DOC~.~ENT: INDEX PAGE BY DELETING NEIGHBORHOOD CO}~ERCIAL - SECTION IX, ANENDING LIST OF EXHIBITS BY ADDING "EXHIBIT L" HOTEL LOCATION RESTRICTION ~iD EXHIBIT "M" HEIGHT RESTRICTION FOR PORTIONS OF GROUP 4; A~IENDING SECTION II - PROJECT DEVELOPMENT, SUBSECTIONS 2.08 - RESIDENTIAL, BY INCREASING ACREAGE IN THE GROUP 2 PARCELS, DECREASING ACREAGE IN GROUP 3 PARCELS AND DECREASING UNITS IN THE GROUP 4 PARCELS, AMENDING TABLE 1 - PELICAN BAY LA2~D USE SCHEDULE BY ADDING MAXIMIrM SQUARE FOOTAGE OF CO~ERCIAL, REALLOCATING CO~.~-!ERCIAL ACREAGE AND DECREASING MAXI~fUM N~.~BER oF DWELLING UNITS, ~ENDING SUBSECTION 2.09 PROJECT DENSITY BY DECREASING TOTAL ACREAGE A/~D N~-!BER OF DWELLING UNITS TO BE BUILT PER GROSS ACRE, AMENDING SUBSECTION 2.10 PER~IITTED VARIATIONS OF DWELLING UNITS AND TOTAL NUMBER OF DWELLING UNITS NOT TO EXCEED 8600 UNITS; AMENDING SECTION VII - GROUP 4, AMENDING SUBSECTION 7.02 - MAXI~.~3~{ DWELLING UNITS BY DECREASING NUMBER OF DWELLING LrNITS, A~IENDING SUBSECTION 7.03 - USES PERMITTED, PARAGRAPH B.4) - PRINCIPAL USES REQUIRING SITE PLAN APPROVAL BY DECREASING HOTEL UNITS AND PLACING LIMITATIONS ON LOCATIONS, AMENDING SUBSECTION 7.04.04 ~AXIMUM HEIGHT OF PRINCIPAL AND ACCESSORY -.- STRUCTURES BY PROVIDING HEIGHT LIMITS FOR ~ .-~_ CERTAIN RESIDENTIAL AREAS; DELETING SECTION ~[[. IX - NEIGHBORHOOD CO~'~ERCIAL AND REN~'!BERING ~. ..... - SUBSEQUENT SECTIONS AND SUBSECTIONS; ~ ~{ENDING SECTION IX, AS RENUMBERED - ~ '-~'~ COM2fl//NITY A2~D AREA COM/~ERCIAL SUBSECTIONS, · °~ __ J~?~.~'!ENDING SUBSECTION 9.02, AS RENUMBERED - "--~. ~.~ '"~USES PEP&~ITTED, A. PRINCIPAL USES, BY ~ ~ ~DECREASING~ NUMBER OF DWELLING UNITS, '-':~ C~ANENDING SUBSECTION 9.06, AS RENU~BERED ~ - BUILDING SEPARATION BY CHANGING REFERENCE TO SECTION N~4BER, AMENDING SUBSECTION 9.08, AS RENL%~BERED - MAXIMUM HEIGHT BY PROVIDING A HEIGHT LINITATION, AMENDING SUBSECTION 9.10, AS REN~4BERED - MINIMUM LANDSCAPING BY ADDING ADDITIONAL LANDSCAPE BUFFER, ~'[ENDING SUBSECTION 9.11, AS RENUMBERED - LIMITATIONS ON SIGNS BY ADDING DIRECTIONAL SIGNAGE; ADDING SUBSECTION 9.13, AS RENUMBERED - SITE PLAN APPROVAL; ADDING SUBSECTION 9.14, AS RENTrMBERED - MAXIMUM COMMERCIAL SQUARE FOOTAGE; AMENDING SECTION XII, AS RENUMBERED - DEVELOPMENT COMMITMENTS, SUBSECTION 12.3, AS RENUMBERED - TRANSPORTATION BY PROHIBITING CONNECTION OF CRAYTON ROAD IN PELICAN BA~ TO SEAGATE DRIVE; AMENDING PUD MASTER PLAN AND OTHER INCIDENTAL CHANGES FOR PROPERTY LOCATED WEST OF US-41, SOUTH OF VANDERBILT BEACH ROAD NORTH OF SEAGATE DRIVE IN SECTIONS 4, 5, 8 9, TO~SHIP 49 SOUTH, RANGE 25 EAST AND ,, SECTIONS 32, 33, TOWNSHIP 48 SOUTH, RANGE 5 EAST, COLLIER COUNTY, FLORIDA AND BY PROVIDING AN EFFECTIVE DATE. "Words ~ru~-~hre~gh are deleted; words underlined WHEREAS, on April 19, 1977, the Board of County Commissioners approved Ordinance Number 77-18, which established Pelican Bay Planned Unit Development; and WHEREAS, Community Development Division of Collier County and Westinghouse Communities, Incorporated, petitioned the Board of County Commissioners of Collier County, Florida, to amend Ordinance Number 77-18, by amending the Sections and Paragraphs as stated in the Ordinance Title. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: Sections of Ordinance 77-18, which established the Pelican Bay Planned Unit Development, as identified in the Ordinance Title and Exhibit "A" as being proposed for amendment, are hereby amended as set forth in Exhibit ,'A" to read as follows: (See attached Exhibit "A") SECTION TWO: This Ordinance shali become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. / BOW COUNT COmmiSSIONerS // COLLIE~CO~Y, FLORIDA ~T L. SAnDeRS, C~I~ ~ROVED A~TO FO~ ~D LEGAL SUFFICIENCY: (,i:..;~ ~.iA_RJORIE M. STUDENT ASSISTA2~T COUNTY ATTORNEY . PDA-$9-7 ORDINANCE "Words sR~u=k-%h~eugh are deleted; words underl --2-- T~is ordinance filed ~ec/~tary of/5~te's Office //~ day of ~.4~ ~ ond acknow?edgement of INDEX OF CHANGES TO PUD PAGE COVER INDEX LIST OF EXHIBITS SECTION II SECTION VII SECTION IX sEcTIoN IX' SECTION X. .SECTION XI SECTION XII EXHIBIT "C" ii 2-5 2-6 2-7 7-1 7-3 9'-1 9-2' 9-3 9-1 9-2 9-3 9-4 9-5 10-1 10-2 11-! 12-1 12-2 12-3 12-4 12-5 12-6 12-7 EXHIBIT "L" EXHIBIT "M" EXHIBIT A PLANNED UNIT DEVELOPMENT DOCUMENT FOR PELICAN BAY A PLANNED UNIT RESIDENTIAL COMMUNITY BY WESTINGHOUSE COMMUNITIES OF NAPLES, INC. (FORMERLY CORAL RID'GE-COLLIER PROPERTIES, INC.) APRIL 8, 1977 MARO~2OOh / PELICAN BAY PLANNI~'G TEAM Community Planning ENVIRONTMENTAL PLANNING & DESIGN Miami Lakes, Florida Environmental Engineerinn GEE & JENSON ENGINEERS-ARCHITEC~S-PLAN~ERS, INC. West Palm Beach, Florida Biological Studies TROPICAL BIO-INDUSTRIES DEVELOPMENT CO. Miami, .Florida Economic Analysis MARCOU, O'LEARY AND ASSOCIATES, INC. Washington, D.C. Traffic Design POST, BUCKLEY, S~HUH & JERN!GAN, INC. Miami, Florida Golf Course Design ARTHI3R HILLS AND ASSOCIATES Toledo, Ohio Local Coordinating Consultant WILSON, MILLER, BARTON, SOLL & PEEK, INC. Naples, Florida Legal Counsel SMITH, YOUNG & BLUE, P.A. Attorneys at Law Tallahassee, Florida 0 9 200 INDEX LIST OF EXHIBITS STATEMENT OF COMPLIANCE PROPERTY OWNERSHIP~ & DESCRIPTION PROJECT DEVELOPMENT UTILITY SERVICES RESIDENTIAL GROUP 1 RESIDENTIAL GROUP 2 RESIDENTIAL GROUP 3 R~SIDENTIAL GROUP 4 GOLF COURSE COMMUNITY & AREA COMMERCIAL CONSERVATION AREA UTILITY AREA DEVELOPMENT COmmITMENTS PAGE ii iii SECTION I 1-1 SECTION II 2-1 SECTION III 3-1 SECTION IV 4-1 SECTION V 5-1 SECTION VI 6-1 SECTION VII 7-1 SECTION VIII 8-1 SECTION IX 9-1 SECTION X 10-1 SECTION XI 11-1 SECTION XII 12-1 I 4AR 09 200 , EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F EXHIBIT G EXHIBIT H EXHIBIT I EXHIBIT J EXHIBIT K EXHIBIT L EXHIBIT M EXHIBIT N LIST OF EXHIBITS Evidence of Control of Prcperty Vicinity Map Site Plan Boundary ~ap Topography Map Soils Map Vegetation Map Pelican Bay Improvement District Act Estimated Unit Absorption Schedule and Population Projection Internal Roadway Requirements Traffic Signal Locations Hotel Location Restriction Height Restriction for Portions of Group 4 Agreement between Collier County Plannin~ Commission and Westinqhouse Communities of NaPles, Inc. ii I STATEMENT OF COMPLIANCE The development of approximately 2104 acres of property i~ Sections 32 and 33, Township 48 South, Range 25 East an( Sections 4, 5, 8, and 9, Township 49 South, Range 25 East. Collier County, Florida, as a Planned Unit Development to b( known as PELICAN BAY will comply with the planning an( development objectives of Collier County. These objectives ar( set forth in the Comprehensive Plan which includes the Growt! Policy and Official Land Use Guide, all of which were adopte( by the Board of County Commissioners on October 14, 1974. PELICAN BAY will meet the planning and development ob]ective~ for the following reasons: 1) This property is surrounded by developed property on three adjacent landward sides. 2) An arterial roadway is in existence along the project's eastern boundary. There are also roadway~ along the north and south boundaries of the propose¢ project. 3) The property is entirely within the boundaries of th~ Pelican Bay Improvement District which was created b~ the Florida Legislature for the purpose of providinG water management, potable water and wastewatez treatment facilities for the proposed development. 4) The proposed land use mix is compatible with the surrounding uses. 5) The project rates points in excess of the 31 points necessary to determine it to have existing communit~ facilities and services for the residential densit~ and permitted uses of the proposed plan and therefore is not leapfrog growth. 6) The project shall comply with the applicable zonin§ and subdivision regulations and all other County and State laws dealing with platting and subdividing of property at the time improvements and plat approvals are sought. iii' 1.01 1.02 1.03 1.04 1.05 SECTION I PROPERTY OWNERSHIP & GENERAL DESCRIPTION INTRODUCTION AND FURPOSE It is the intent of Coral Ridge-Collier Properties, Inc. (hereinafter called "applicant" or "developer") to establish and develop a planned unit development on approximately 2,104 acres of property located in Collier County, Florida, just north of the City limits of Naples. It is bordered on the west by the Gulf of Mexico and on the east by U.S. Highway 41 (Tamiami Trail). The northern boundary of the property is Vanderbilt Beach Road. The southern edge of the property is bounded by Seagate Drive. It is the purpose of this document to provide the required detail and data concerning the development of the prcperty. NAME The development will be known as PELICAN BAY. LEGAL DESCRIPTION Ail that fractional part of Section 32, lying South Vanderbilt Beach Road; and all of Section 33, South of Vanderbilt Beach Road and West of State Road 45 (U.S. 41); all in Township' 48 South, Range 25 East, Collier County, Florida. AND ALSO, all of-Sect/on 4, lying West of State Road 45 (U.S. 41); all fractional parts of Government Lots 1 and 2, Section 5; all fractional part of Section 8; and all of Section 9, lying West of State Road 45 (U.S.- 41), excepting therefrom the South .70 feet of the Southeast 1/4, and the South 70 feet of the East 158.25 feet of the Southwest 1/4; all in Township 49 South, Range 25 East, Collier County, Florida. TITLE TO PROPERTY The southern 500 acres of the proposed development are owned by Coral Ridge-Collier Properties, Inc. The northern 1,604 acres are under option as described in Exhibit "A", Evidence of Control of Property. GENERAL DESCRIPTION OF PROPERTY AREA The general location of PELICAN BAY, the current zoning classifications of surrounding properties, and nearby land developments are illustrated by Exhibit "B", Vicinity Map. 1-1 1.06 The project site contains approximately 2,104 acres of property with approximately three miles of frontage along the Gulf of Mexico. At the time of this application the property was zoned GRC, RM-1 and RS-4. Certain portions along the western edge of the property were designated "Special-Treatment (ST)" as shown on Exhibit "B", Vicinity Map. PHYSICAL DESCRIPTION Elevations within the project site range from sea level to approximately nineteen (19) feet above sea level as shown on Exhibit "E", Topography Map. The soil types of the site are shown on Exhibit "F", Soils Map and are discussed in detail in Section 20.B.6 of the Application for Development Approval of a Development of Regional Impact. The vegetation on the- site is shown on Exhibit "G", Vegetation Map and is discussed in detail in Section 20.B.2 of the Application for Development Approval of a Development of Regional Impact. 1-2 MAR 0 9 2.01 2.02 2.03 SECTION II PROJECT DEVELOPMENT PURPOSE The purpose of this Section is to generally describe the project plan of the development and delineate the general conditions that will apply to the entire proj e ct. GENERAL PLAN OF DEVELOPMENT The general plan of development of PELICAN BAY is for a planned residential community incluoing a mixture of single and multi-family dwelling units with commercial areas, golf course, school siteB, governmental facilities sites, neighborhood and community parks and protected beaches and wetlands. GULF-FRONT LAND The applicant recognizes the importance of the availability of Gulf-front land for the use of those persons residing within the PELICAN BAY development and for use by the general population of Collier County. The applicant-also recognizes the importance of setting aside large areas which are environmentally sensitive. When the applicant receives all local, state, federal or other regulatory agency development permits, including fill permits, and complete development is permitted in accordance with this ordinance as adopted, the applicant shall satisfy th~ requirements for Gulf-front land use for the residents of PELICAN BAY and the general Collier County population in the following ways: a. The residents of PELICAN BAY: When the above condition is met, the applicant shall file covenants on approximately 530 acres of uplands, wetlands and open water areas, which are environmentally sensitive, including approximately 'one and one-quarter miles of beachfront immediately north of Clam Pass. The use of this land will be restricted by covenants for preservation, conservation and limited recreational use and this area is identified on the project development map as the area labeled "Conservation". b. General Collier County population: When the above condition is met, the applicant shall convey approximately 36 acres, which includes three-quarters of a mile of beachfront immediately south of Clam Pass to Collier County. This conveya~ 2-1 2.04 contain a covenant restricting its use for a public beach with related recreational activities and in the event that development or fill permits are modified or withdrawn at anytime during the development process without writtcn consent agreement between the applicant and Collier County or in the event that Collier County violates the provisions of the covenant restricting the us~ of the beach for a public beach with related recreational activities, then and in either one cf those events the ownership of the property shall revert to the applicant. The applicant shall reserve a minimum of two (2) acres within the southern portion of Group 4 upon which Collier County may construct a parking lot in connection with any county constructed accessway to the 36 acres of Gulf-front land. The applicant will ccnvey the 2 acres of Group 4 properties to Collier County at the time Collier County constructs a beach access~ay. c. When the above condition is met, the applicant shall develop, on approximately five (5) acres located at the northwest corner of PELICAN BAY adjacent to Vanderbilt Beach Road and the Gulf of Mexico, approximately 120 parking spaces and then convey the same to Collier County for public beach access purposes. The accomplishro, ent of 2.03(a), (b) and (c) above being contingent upon the conditions of 2.03 being met, and the transfer of dwelling units from the ST areas and the placing of conservation zoning thereon being in contemplation of' the conditions of 2.03 being met and the applicant being allowed to develop 98 acres of wetlands in the northwest corner of Group 4; it is specifically understood that, in the event said conditions are not met and the applicant is not ailowed 6o develop the 98 acres or any part thereof, then to the extent that the applicant is not allowed to develop any Dart of the 98 acres heretofore described, it is the intent of the applicant to apply for a modification to this PUD document to allow the applicant to develop an equal amount of the Conservation area as Group 4 prcperty. SPECIAL TREATMENT (ST) REGULATIONS The adcption of this document shall constitute satisfaction of the "SPECIAL REGULATIONS FOR (ST) AREAS OF E}UflROA?4ENTAL SENSITIVITY" and the transfer of the applicant's development rights from "ST" lands to "riCh-ST" lands, in compliance with the applicable secticms of the Zoning Ordinance of Collier County to permit development as herein described. O 9 I 2.05 2.06 SITE PLAN APPROVAL When site. plan approval is required by this d~cument the following procedure shsl!, be followed: a. A written request for site plan approval shall be submitted to the Director for approval. The request shall include materials necessary to demonstrate that the approval of the site plan will be in harmony with the general intent and purpose of this document, will not be injurious to the neighborhood or to adjoining r % p opertles, or otherwise detrimental to the public welfare. Such material may include, but is not limited to the following, where applicable: 1) Site plans at an appropriate scale showing proposed placement of structures on the property; provisions for ingress and egress, offstreet parking and offstreet loading areas, refuse and service areas; and required yards and other open spaces. 2) Plans showing proposed locations for utilities hook-up; 3) Plans for screening and buffering with referenc as to type, dimensions, and character; 4) Proposed landscaping and provisions for trees protected by County regulations; and 5) Proposed signs and lighting, dimensions and character. including type, LAND USE Table 1 is a schedule of the intended land use -types, with %pproximate acreages and total dwelling 'Qnits indicated. The arrangement of these land use types is shown on Exhibit "C", Site Plan. Variations in acreages shall be permitted at final design to accommodate topography, vegetation and other site conditions. The specific location and size of individual tracts and the assignment of dwelling units thereto shall be submitted to and approved by the Director at the time of Master Plan approval of each development phase as required by the Collier County Subdivision Regulations. 2-3 II AR 09 200zt 2.07 FRACTIONALIZATION OF TRACTS a. When Coral Ridge-Collier Properties, Inc. sells an entire tract or a building parcel (fraction of a tract) to a subsequent owner, Coral Ridge-Collier Properties, Inc. shall provide to the Director for approval or denial prior to the sale, a boundary drawing showing the tract and the building parcel therein when applicable and in the case of a residential area, the number of dwelling units of each residential group assigned to the property being sold. If approval or denial is not issued by the Director within 10 working days, the submission shall automatically be approved. b. In the event any residential tract or building parcel is sold by any subsequent owner, as identified in Section 2.07(a), in fractional parts to other parties for development, the subsequent owner shall provide to the Director for approval or denial, prior to the .sale of a fractional~part, a boundary drawing showing his originally purchased tract or building parcel and the fractional parts therein and the number of dwelling units assigned to each of the fractional parts. The drawing shall also show the location and size of access to those fractional parts that do not abut a public street. If approval or denial is not issued by the Director within 10 working days, the submission shall automatically be approved. c. In the event a commercial tract or building parcel is sold by any subsequent owner, as identified in Section 2.07 ' (a), in fractional parts to other parties for development, the subsequent owner shall provide to the Director for approval or denial prior to the sale of a fractional part, a boundary drawing showing his originally purchased tract or bu%lding parcel and the fractiona~ parts therein. The drawing shall also show the location and size of access to those fractional parts that do not abut a public street. If approval or denial is not issued by the Director within 10 working days, the submission shall automatically be approved. d. The developer of any tract or building parcel must submit at the time of application for a building permit, a detailed plot plan for his-tract or parcel. Such plot plan shall show the proposed location of all buildings, access roads, offstreet parking and offstreet loading areas, refuse and service areas, required yards and other open spaces, locations for utilities hook-up, screening and buffering, signs, lighting, landscape plan, other accessory uses and structures and in residential areas, the distribution of dwelling units among the proposed structures. 2-4 AGF..N[)A ITEJ;4 0 9 200 2.08 RESIDENTIAL The information hereinafter provided identifies each residential group; the total acreage p=~ group and the total dwelling units per group. a) Group 1 parcels have a total of 278 acres. A maximum of 600 dwelling units will be placed cn Group 1 parcels in accordance with Section 4 except as provided in Section 2.10. ' b) Group 2 parcels include -~-7~!- 390 acres. A maximum of 2314 dwelling units will be pla~ed on Group 2 parcels in accordance with Section 5, except as provided in Section 2.10. c) Group 3 parcels include ~q~5- 115 acres. A maximum of 1686 dwelling units will be placed on Group 3 parcels in accordance with Section 6, except as provided in Section 2.10. d) Group 4 parcels include 343 acres. A maximum of 5<~5~ 4000 dwelling units will be placed on Group 4 parcels in accordance with Section 7, except as provided in Sect? 2.10. 2-5 AO~OA ~T~.~ TABLE 1 PELICAN BAY LAND USE SCHEDULE LAND USE TYPE APPROXIMATE ACREAGE MAXIMUM SQUARE FEET GROSS BLDG.AREA MAXI,.UIR~ NO. OF D.U. RESIDENTIAL Group 1 278 Group 2 ~ 390 Group 3 ~5 116 Group 4 343 60O 2314 1686 ~-4000 COMMERCIAL Area ~8 48.7 Cqmmunity 26 50.2 640,400 454,600 Total 98.9* 1,095,000 *not includinG public roads and lakes PUBLIC FACILITIES Utility 19 Schools 45 Major Public Roads 112 Government Admin. /Community Park 20 (also included in Group 2) (also included in Group 2) OPEN SPACE & RECREATION Conservation Area Golf Course, Tennis Club & Golf Club Neighborhood Parks Philharmonic Hall 570 171 2O 6.5 (also included in Residential are as ) TOTAL 2,104 Acres 2-6 2.09 PROJECT DENSITY 2.10 2.11 The total acreage of the PELICAN BAY property is approximately 2,104 'acres. The maximum number of dwelling units to be built on the total acreage is 8600. The number of dwelling units per gross acre is approximately-~rS. 4. The'density on individual parcels of land throughout--the project will vary according to the type of housing placed on each parcel of land. PERMITTED VARIATIONS OF DWELLING UNITS Each tract shall be permitted to be developed with the maximum number of dwelling units as assigned by Sections 2.06 and 2.08 provided that the applicant may increase the maximums by not more than 10%; and provided further that the total dwelling units for the entire project shall not exceeed -~g~ 8600. The Director shall be notified in accordance with Section 2.07 of such an increase and resulting reduction in another tract so that the dwelling units will be balanced at G6~ 8600. DEVELOP~ENT SEQUENCE AND SCHEDULI~:G The applicant has not set "stages" for the development of the property. Since the property is to be develo- ~ over an estimated 28 to 34 year time period, projection of project development can be no more than _,~ estimate based on current marketing studies. The estimate may of course, change depending upon future economic factors. Exhibit "I" indicates, by year, the estimated absorption of units (by unit type) and the approximate population of the project (assuming full occupancy) for ~he estimated 28-34 year development period. 2.12 RECREATIONAL FACILITIES SCHEDULE The applicant shall cause the following recreational facilities to be constructed subject to obtaining all permits. The schedule for development of these facilities relates to the issuance of building permits according to the following table. Non-compliance with this schedule will result in withholding of additional permits until compliance is achieved. FACILITY OR SITE Golf Course BUILDING PERMITS FOR NOT MORE: 400 Units 700 Units 1600 Units 9 holes 9 holes Clubhouse w/Pool* X & Tennis Courts Boat Launch/Boat Dock** X Boardwalk X Nature Trail Neighborhood Parks** Government Administration 5 acres per each 1 Site/Community Park Site*** first 4,000 Units 2-7 X MAR 0 9 2.13 2.14 2.15 Clubhouse for golf and tennis combined - 5,000 square feet minimum. Neighborhood parks to total a minimum ~-~ 20 acres. Boat launch/boat dock is included as part of the neighborhood parks. Government administratio~ site/community Park site to be a maximum of 20 acres. AMENDMENT OF ORDINANCE Both the County and the developer, with knowledge that the long range development plan permitted by the ordinance will not be complete for a period of 28 to 34 years, recognize that exceptions, variances, or amendments to this ordinance may be necessary in the future. Obviously, there may be changes in Planning techniques, engineering techniques, transportation methods, and other factors that would warrant this ordinance being amended to meet standards of the time. All petitions or requests for exceptions, variances and amendments shall conform with the procedures existing at the time of the application for the exception or amendments. TREE REMOVAL Ail clearing, grading, earthwork, and site drainage work shall be performed in accordance with the approved PUD site plan and all applicable codes. Prior to any such removal, a site clearing plan must be submitted to the Director for review and approval to insure that said removal shall be carried out under proper FORESTRY MANAGEMENT PRINCIPALS. Protected trees shall be flagged, clearly marked and/or fenced during periods of construction so as to eliminate or minimize their damage. DEFINITIONS For the purposes of this Planned Unit Development Document: (1) "Recreational Club" means an association established to specifically provide for the conduct of leisure activities, sports activities, hobbies, or games, as well as related acti%ities including but not limited to food service, alcoholic and non-alcoholic beverage sales, locker room and shower facilities, workshops and meeting facilities which further the enjoyment, entertainment, relaxation, and comfort of those persons which the club is intended to serve. 2-8 AOENDA ITEM =/~ MAR ,i ~' 2.16 (2) "Hotel or Motel Unit" means a unit designed for transient occupancy and utilized for rental to transients. A hotel or motel unit may have cooking or eating fBcilities. A hotel or motel unit shall contain bathing and sanita~, facilities. Ail other definitions shall be as contained in the Zoning Ordinance of Collier County. In addition to signage permitted under the provisions of the Pelican Bay Planned Unit Development Document, project identification signage identifying the Pelican Bay community and certain major uses (i.e., hotels, commercial areas, public facilities, recreational facilities and areas) contained within the boundaries of the Pelican Bay planned unit Development are permitted to be located at: A. The intersection of U.S. Road, and 41 and Vanderbi!t Beach B. The intersection of U.S. 41 and Seagate Drive, and C. Major roadway and street entrances to Pelican Bay from surrounding roads: 1. Along U.S. 41: at no more than three (3) ma~' entrances; 2. Along Seagate Drive: at no more than one(l) major entrance; 3. Along Van~erbilt Beach Road: at no more than one (1) major entrance; D. Sign Development Standards: 1. These signs replace any signage permitted ~y the Zoning Ordinance at these locations. 2. The following locations are not included in the locations referenced in C. above: The southeast corner of the intersection of U.S. 41 and the southernmost part of Pelican Bay Boulevard; Laurel Oak Drive and U.S. 41; the west side of the inter-section of Seagate Drive and West Boulevard. 3. Ail such signage shall be a principal permitted use in all land use categories within the boundaries ~of the Pelican Say Planned Unit Development and shall not be deemed or considered to be off-site signage. 2-9 4. Project identification signage at the intersections referenced in A. and B. above herein shall not exceed 250 square feet in the aggregate per intersection, and project identification signage at the entrance locations referenced in C. -shall not exceed 100 square feet in the aggregate per entrance. No individual sign shall have height greater than twelve (12) feet. 5. No more than two (2) structures containing signage shall be permitted at each such location, and major uses identified in addition to the Pelican Bay community shall not exceed a total of four (4) in number at each such location. No sign shall be located greater than fifty (50) feet from any other project identification signage at said locations. 6. Project identification signage at the locations referenced in A. and B. above shall be located within an area defined by a triangle, two sides of which shall be 100 feet along adjoining roadways. 7. Every effort shall be made to remove as little as possible of protected plant species. Ail provisions of the Tree Removal Ordinance (Ordinance 75-21 and any future amendments) shall be met. 8. Should any of the signs be requested to be placed - within public right-of-way, a right-of-way permit must be 'applied for and approved. 9. Ail signs shall be located so as not to .cause sight distance problems. 10. Ail signs shall require sign permits and other applicable permits prior to construction and/or erection. 2-10 3.0! SECTION III UTILITY SERVICES TO PELICAN BAY GENERAL The Pelican Bay Improvement District was created by action of the Florida Legislature in 1974. The specific law creating the district is Chapter 74-462 of the Florida Statutes. The district is a political subdivision of the State of Florida charged with the specific responsibility to design, finance, build, operate, and maintain (1) sewerage system (2) potable water system and (3) surface water management and control system. The law provided for a Board of Supervisors of the Pelican Bay Improvement District to carry out the duties delegated to it. The law established the original five members of the Board of Supervisors as appointed by the Collier County Commission. Those individuals will hold office until- there is an election among the qualified electors of the District to determine membership on the Board of Supez-visors. The Board cf Supervisors, in order to carry out the duties and responsibilities assigned to it, was grant certain powers and authorities by the Legislatuz Specifically, the district, through the Board Supervisors ca'n enter into contracts; borrow money; issue bonds; assess lands for special taxes: provide special user assessments; own and acquire interests in land; employ professionals and other necessa~-y persons to carry out the duties; and, if necessary bring legal actions. The Legislature of the State of Florida specifically expressed that the purpose of the district was to "facilitate development" of utility ser~zices. A copy of the Pelican Bay Improvement District Act, Chapter 74-462 of the Florida Statutes, is attached hereto as Exhibit "H". a) Water Supply and Treatment Facilities The Pelican Bay Improvement District is charged witk the responsibility of providing a water system for the PELICAN BAY project. b) Sewerage Treatment Facilities The Pelican Bay ImproQement District is charged with the responsibility of providing a sewerage system for the PELICAN BAY project. 3.02 3.03 3.04 3.05 3.06 C) Water Management Control Facilities The Pelican Bay Improvement District is charged with the responsibility of providing water management and control. SOLID WASTE COLLECTION Solid waste collection for the PELICAN BAY project will be handled by the company holding the franchise for solid waste collection for the county. ELECTRIC POWER SERVICE Florida Power and Light Company will provide elec%ric service to the entire project. TELEPHONE SERVICE Telephone service will: be supplied to the PELICAN BAY project by United Telephone Company of Florida. TELEVISION CABLE SERVICE The PELICAN BAY project'falls within the franchise areas of two television cable companies. Those companies are the South Florida Cable Television Corporation of Bcnita Springs and the Radio Television Centre of Naples. EASEMENTS FOR UNDERGROUND UTILITIES On-Site utilities such as telephone, electric power, TV cable service% wastewater collection, water distribution, etc. shall be installed underground. Except that electrical feeder lines serving commercial and other high use areas, water pumping stations, lift stations, transformer banks, etc. ~hall be permitted above ground. Easements shall be provided for all utility purposes in areas that must be cleared for utility construction, .a special effort shall be made to protect the maximum number of trees. Said easements and improvements shall be done in accordance with the subdivision regulations. 3-2 MAR 0 9 P~..~ L i SECTION IV GROUP 1 4.01 4.02 4.03 PURPOSE The purpose of this Section is to set forth the regulations for the area designated on Exhibit "C", Site Plan, and Table 1 as Group 1 parcels. ~XIM~JM DWELLING UNITS A maximum number of 600 dwelling units may be constructed in all of the Group 1 parcels combined except as permitted by Section 2.10. PERMITTED USES AND STRUCTURES No building or structure, or part thereof, 'shall be erected, altered, or used, or land or water used, in whole or in part, for Other than the following: A. Permitted Principal Uses and Structures 1) Single Family detached dwellings. 2) Attached single-family units as combinations up to and including three (3) single-fam~ attached units per structure. 3) Parks, playgrounds, playfields owned ope~ space. 4) Water management facilities. and commonly B. Permitted Principal Uses and Structures Requiring Site Plan Approval '- 1) Non-commercial boat launching facilities, and multiple docking areas not to exceed one per dwelling unit. 2) Recreational clubs, golf courses, practice driving range and other custcmary accessory uses related to golf courses, intended to serve the surrounding residential area. 3) Churches, schools, and child care centers when accessory to the church or school. 4-1 C. Permitted Accessory Uses and Structures 1) Private boat docks with or without boat hoists, on water front lots, not protruding more than five (5) feet into the water except if such waterbody has a width one -hundred (100) feet or more, the dock may protrude not more than twenty (20) feet into such waterbody, providing, however that no boat is used as a residence. 2) Customary accessory uses including private garages. and structures, 3) Signs as permitted by the Zoning Ordinance of Collier County. 4) Model homes shall be permitted in conjunction with the promotion of the development. Such model homes shall be permitted for a period of two (2) years from the initial use as a model. The Director may authorize the extension of such use upon written request and justification. 4.04 REGULATIONS 4.04.01 GENERAL: Ail yards, set-backs, etc. shall be in relation to the individual parcel boundaries. 4.04.02 ~INIMUM LOT AREA: 10,000 square feet 4.04.03 ~.~INI~M LOT WIDTH: A. Corner Lots - Ninety-five (95) feet as measured at the front yard setback line. D. Interior Lots - Eighty (80) feet as measured at the front yard setback line. 4.04.04 ~.:iNIMI~ YARDS: A. Front yard - 30 feet Site yard - 7 1/2 feet one story, 10 feet for two stories. C. Rear yard - 25 feet except that for screen enclosures the rear yard may be reduced to 15 feet. 4-2 AGENDA MAR 0 9 D. Ail yards abutting a street shall be fron yards. Four-sided corner lots shall hay t~o front and two side yards. Five or mot sided corner lots shall have two front, tw sides and remaining yards shall be rea yards, with the rear yards being thos farthest from the abutting streets. 4.04.05 REDUCTION OF MIN!~MUM LOT WIDTH, AREA AND YARDS In the case of clustered buildings with commo~ architectural theme, the requirements Sections 4.04.02, 4.04.03 and 4.04.04 may bE less provided that a site plan is approved ir accordance with Secticn 2.05. 4.04.06 MINIMUM FLOOR AREA: A. One Story - 1,000 square feet. B. Two story -'1,200 square feet. 4.04.07 OFF-STREET PARKING REQUIREMENTS: One parking space shall be required for dwelling unit and such space shall be loc within the building setback line. For u other- than dwelling units, parking shall be provided in accordance with the Zoning Ordinance of Collier County. 4.04.08 b~XIbUUM HEIGHT: Thirty (30) feet above finished grade of lot. Accessory buildings limited to twenty (20) feet above finished grade of lot. 4-3 SECTION V GROUP 2 5.01 PURPOSE The purpose of this Section is to set forth the regulations for areas designated on Exhibit "C", Site Plan, and Table 1 as Group 2 parcels. 5.02 PLAXIMI/M DWELLING UNITS A maximum number of 2314 dwelling units may be constructed in all of the Group 2 parcels except as permitted by Section 2.10. 5.03 USES PERMITTED No building or structure, or part thereof, shall be erected altered or used, or land or water used, in whole or in part, for other than the following: A. Principal Uses: 1) Single family units are permitted as individual structures or as combinations up to and including six (6) single family attached units per structure. Such unit types as single family attached, duplex, patio, cluster attached, cluster detached, villa attached, villas detached and zero lot lines are permitted. 2) Multi-family residential units including garden apartments. 3) Parks, playgrounds, playfields and commonly owned open space. 4) Water managemen~ facilities. B. Principal Uses Requirin9 Site Plan Approval: 1) Non-comfaercial boat launching facilities multiple docking areas. and 2) Recreational clubs, golf courses, practice driving range and 'other customary accessory uses related to golf courses, intended to serve the surrounding residential area. and 3 ) Churches, schools, child care center, governmental administration buildings. 5-1 tdAR 0 9 5.04 4) Convalescent homes, rest homes, homes for thc aged, adult foster homes, children's ~ homes, rehabilitaticn centers and licensed skille( nursing facilities; each unit shall count a~ one-third (1/3) of a dwelling unit in accountin¢ for the dwelling units assigned in 5.02 above. C. Permitted Accessory Uses and Structures: 1) Private boat docks with or without boat hoists, on waterfront lots, not protruding more than fiv~ (5) feet into the water; except if such waterbod5 has a width of one hundred (100) feet or mcre, the dock may protrude not more than twenty (20] feet into such waterbody, providing, however, that no boat is used as a residence. 2) Customary accessory uses including private garages. and structures, 3) Signs as permitted by the Zoning Ordinance Collier County. 4) Model homes shall be permitted in conjunctio~ with the promotion of the development. · model homes shall be permitted for a perio[ two (2.) years from the initial use as a moo=x. The Director may authorize the extension of suck use upon written request and 3ustification. REGULATIONS 5.04.01MINI~TUM LOT AREA: A minimum area of 2600 square feet per dwelling unit shall be provided in some combination of individual lots and contiguous common open space, excluding private and ~ublic roads. 5.04.02 MINIMUM LOT WIDTH: A. Minimum individual lot (envelope) width for each dwelling unit related to a structure containing at least two (2), but not more than six (6) dwelling units shall not be less than twenty (20) feet measured between the side lot lines at the required front setback. B. Minimum individual lot width for a single detached unit structure shall not be less than forty-five (45) feet measured between the side lot lines at the required front setback line. 5-2 5.04.03 MINIMUM YARDS: A. From tract boundary lines, right-of-way lines and/or the edge .of the gutter of a private road, twenty-five (25) feet. B. Distance between structures: 1) Between any two principal structures there shall be a combined minimum yard of 1/2 the sum of their heights but not less than twenty (20) feet. 2) Between any two accessory uses there shall be a combined minimum yard of twenty (20) feet. C. In the case of clustered buildings with a common architectural theme, these distances may be less, provided that a site plan is approved in accordance with Section 2.05. 5.04.04 MAXIMUM HEIGHT OF PRINCIPAL AND ACCESSORY STRUCTURES: A. Three (3) stores above the finished grade of lot. In o~der to comply with the minimum flood elevation requirements, the maximum height of a structure shall be measured from the minimum base flood elevation required by the Flood ElevatiOn Ordinance. B. Accessory structures shall be no higher than twenty (20) feet above the finished grade of the lot. 5.04.05 MINIMUM FLOOR AREA: Those principal use structures which are identified in Section 5.03.A. shall be as follows: One (1) story structures shall not contain less than eight hundred (800) square feet and two (2) story structures shall not contain less than twelve hundred (1200) square feet. 5-3 MAR 0 9 5.04.06 5.04.07 5.04.08 OFF-STREET PARKING: Those princ%pal use structures which identified in Section 5.03.A. shall contain minimum of two (2) spaces per dwelling unit The Director may permit a lesser number o parking spaces to be paved when circumstance: indicate infrequent use. However, those unpave~ spaces shall be grassed and reserved for futur paving. For uses other than dwelling units parking shall be provided in accordance with th Zoning Ordinance of Collier County. OFF-STE~ET PARKING LANDSCAPING: Landscaping shall be provided as required by th Zoning Ordinance of Collier County. REZONED NEIGHBORHOOD COMMERCIAL':' Additional sti~ulations in regard to those Grou 2 lands rezoned from Neighborhood Commercial ar contained in Exhibit "N". 5-4 MAR 0 9 2p SECTION VI GROUP 3 6.01 6.02 6.03 PURPOSE ~ The purpose of this Section is' to set forth the regulations for the area designated cn Exhibit "C", Site .Plan and Table 1 as Group 3 parcels. MAXIMI~! DWELLING UNITS A maximum number of 1686 dwelling units may be constructed in all of the Group 3 parcels combined except as permitted by Section 2.10. USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used; or land or water used, in whole or part, for other than the following: A. Principal Uses: 1) Multi-family residential units including garden apartments. 2) Those uses permitted in Group 2 when developed in accordance with Section 5.04. 3) open spaceC 4) Water management facilities. Principal Uses Requiring Site Plan Approval: 1) Non-commercial 'boat launching facilities multiple docking areas. 2) 3) 4) Parks, playgrounds, playfields and commonly owned and Recreational clubs, golf courses, practice driving range and other customary accessory uses related to golf courses, intended to serve the surrounding residential area. Churches, schools, and child care centers. Convalescent homes, rest homes, homes for the aged, adult foster homes, children's homes, rehabilitation centers and licensed skilled nursing facilities; each. unit shall count as one-third (1/3) of a dwelling units in accounting for the dwelling units assigned in 6.02 above. 6-1 MAR 0 g 200 C. Permitted Accessory Uses and Structures: 1) ~rtvate boat docks with or without boat hoists on waterfront lots, not protruding more than (5) feet into the water; except if such waterbod has a width of one hundred (100) feet or more the dock may protrude not more than twenty (20 feet into such waterbody, providing, however that no boat is used as a residence. 2) Customary accessory uses and structures including private garages. 3) Signs as permitted by the Zoning Ordinance Collier County. 4) Model homes shall be permitted in conjunctio~ with the promotion of the development. Suc~ model homes shall be permitted for a period two (2) years,from the inital use as a model. The Director may authorize the extension of suc~ use upon written request and justification. 6.04 REGULATIONS 6.04.01 MINI~3M LOT AREA: One (1) net acre. 6.04.02 MINIML%! LOT WIDTH: 150 feet as measured at the front yard setback line. - 6.04.03 MINIMI/M YARDS: A. From tract boundary lines, right-of-way'lines and/or from the edge of the gutter of a private road, thirty-five (35) feet or one-half (1/2) the height of the structures whichever is greater. B. Distance Between Structures 1) Between any two principal structures one-half (1/2) the sum of their heights but not less than thirty (30) feet. 2) Between any two accessory uses - one-half (1/2) the sum of their heights but not less than twenty (20) feet. 6-2 MAR 0 C. In the case of clustered buildings with a common architectural theme, these distances may be less, provided that a site plan is approved in accordance wi~h Section 2.05. 6.04.04 MAXIMUM HEIGHT OF PRINCIPAL AND ACCESSORY STRUCTURES: A. Four (4) stories above the finished grade with option of having one (1) floor of parking beneath the allowable four (4) stories. B. Accessory structures shall be limited to a maximum of twenty (20) feet above finished grade of the lot. 6.04.05 MINIMUM LIVING AREA OF PRINCIPAL STRUCTURES: Those principal use structures which are identified in Section 6.03.A. shall contain a minimum of seven hundred and fifty (750) gross square feet of living area per dwelling unit within principal structure. 6.04.06 OFF-STREET PARKING: Those principal use structures -which are identified in Section 6.03.A. shall contain a minimum. 1.5 parking spaces per dwelling unit. The Director may permit a lesser number of parking ~paces to be paved when circumstances indicate infrequent use. However, those unpaved spaces shall be grassed and reserved for future paving. For uses other than dwelling units, parking shall be provided in accordance with the Zoning Ordinance of Collier County. 6.04.07 OFF-STREET PARKING LANDSCAPING: Landscaping shall be provided as required by the Zoning Ordinance of Collier County. 6-3 L MAR 0 9 200 7.01 7.02 7.03 SECTION VII GROUP 4 PURPOSE The purpose of this Section is to set forth the regulations for the areas designated cn Exhibit "C", Site Plan, and Table 1 as Group 4. MAXIMI/M DWELLING UNITS A maximum number of ~ 4000 dwelling units may be constructed in all of the Group 4 parcels combined except as permitted by Section 2.10. USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or part, for other than the following: A. Principal Uses: 1) Multi-family residential buildings. 2) Those uses permitted in Group 2 when developed in accordance with Section 5.04. 3) 4) Those uses permitted in Group 3 when developed accordance with Section 6.04. Parks, playgrounds, playfields and commonly owned open space: 5) Water management facilities. 6) Existing non-commercial plant nursery. Principal Uses Requiring Site Plan Approval: 1) 2) 3) 4) Recreational clubs, golf courses, practice driving range and other customary accessory uses related to golf courses, intended to serve the surrounding residential area. Churches, schools and child care centers. Civic and cultural facilities. Hotels and motels, ( exceot in those areas identified as "no hotels permitted" on Exhibit "L" ), maximum of-3~5t~ 1336 units. Each hotel or motel unit shall count as one-third (1/3) of a dwelling unit in accounting for the dwelling units assigned in 7.02 above. 7-1 4AR 0 9-200r 7.04 5) Private clubs intended to serve the residents of PELICAN BAY. 6) Convalescent homes, rest homes, homss f~r the aged, adult foster homes, children's hcm~s, rehabilitation centers and licensed skilled nursing facilities; each unit shall count as one-third (1/3) of a dwelling unit in accounting for the dwelling units assigned in 7.02 above. C. Permitted Accessory Uses and Structures: 1) Private boat docks, with or without boat hoists, on waterfront lots, not protruding more than five (5) feet into the water; except if such waterbody has a width of one hundred (100) feet or more, the dock may protrude not more than twenty (20) feet into such waterbody, providing, however, that no boat is used as a residence. 2) Non-commercial boat launching facilities and multiple docking areas. 3) Customaz-y accessory uses including private garages. and structures, 4) Signs as permitted by the Zoning Ordinance of Collier County. 5) Model dwelling units shall be permitted in conjunction with the promotion of the development. Such model units shall be permitted for a perTod of two (2) years from the initial use as a model. The Director may authorize the extension of such use upon written request and justification. REGULATIONS 7.04.01 MINI~.ZUM LOT AREA: One (1) net acre. 7.04.02 MINI~,~M LOT WIDTH: 150 feet as measured at the front yard set back line. ?-2 7.04.03 MINIMUM YARDS: A. From tract or development parcel lines, right-of-way lines and/or the edge of the gutter of a private road, fifty (50) feet or one-half (1/2) the height of the structure, whichever is greater except that detached accessory structures shall be set back twenty (20) feet or 1/2 of the height, whichever is greater. B. Distance between structure~ - 1) Between any principal structures - one-half (1/2) the sum of their heights but not less than fifty (50) feet. 2) Between any two accessory uses - one-half (1/2) the sum of their heights but not less than thirty (30) feet. .. C. In the case of clustered buildings with a common architectural theme, these distances may be less provided that a site plan is approved in accordance with Section 2.05. 7.04.04 MAXIS~M HEIGHT OF PRINCIPAL AND ACCESSORY STRUCTURES: A. P~incipal structures: Two hundred (200) feet above finished grade of the lot, except in those areas so identified on Exhibit "M", there shall be a maximum height of five (5) storfes above one (1) floor of parking. B. Accessory structures shall be limited to a maximum of twenty-five (25) feet. above finished grade of lot except for ro6f top recreation facilities. 7.04.05 MINIMUM LIVING AREA OF PRINCIPAL STRUCTURES: A. Those principal use structures which are identified in Section 7.03.A. shall contain a minimum of seven hundred and fifty (750) gross square feet of living area per dwelling unit within principal structure. B. The minimum living area of any hotel or motel unit permitted under Section 7.03.B shall be three hundred (300) square feet. There shall be no maximum square footage. 7-3 MAR 0 9 7.04.06 OFF-STREET PARKING: Those p£incipal use structures which are identified in' Section 7.03.A shall contain a minimum of 1.5 parking spaces per dwellin~ unit. The Director may permit a lesser number of parking spaces to ~be paved when circumstances indicated infrequent use. However, those unpaved spaces shall be grassed and reserved for future paving. For uses other than dwelling units, parking shall be provided in accordance with the Zoning Ordinance of Collier County. 7.04.07 OFF-STREET PARKING LANDSCAPING: Landscaping shall be provided as required by the Zoning Ordinance of Collier County. 7-4 SECTION VIII GOLF.COURSE 8.01 8.02 PURPOSE The purpose of this Section is to set forth the regulations for the area designated on Exhibit "C", Site Plan, as Golf Course. PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1) Golf Course 2) Golf Clubhouse 3) Tennis Courts 4) Tennis Clubhouses 5) Transient lodging facilities not to exceed units. 6) Water management facilities. B. Permitted Accessory Uses and Structures 1 ) Pro-shop, practice driving range and - other custommry accessory uses of golf courses, tennis clubs or other recreational facilities. 2) Small commercial establishments, including gift shops, golf & tennis ~ equipment sales, restaurants, cocktail lounges, and similar uses, intended to exclusively serve patrons of the golf course or tennis club or other permitted recreational facilities, subject to the provisions of the Zoning Ordinance of Collier County. 3) Shuffleboard courts, swimming pools, and other types of facilities intended for recreation. 4) Signs as permitted in the Zoning Ordinance of Collier County. 5) Maintenance shops and eq,,ipment storage. AC4~NDA ~ A ' MA) 0 9-20 Pg. lOb 8.03 8.04 8.05 8.06 6) NonICommercial Plant Nursel-y. PLAN APPROVAL REQUIREMENTS Plans for all principal and all accessory uses shall be submitted to the Director who will review these plans and approve their construction. Ail construction shall be in accordance with the approved plans and specifications. The perimeter boundary of the overall golf course tract shall be recorded in the same manner as a subdivision plat. A. General Requirements: 1) Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas and location and treatment of buffer areas. 2) . Buildings shall be setback a minimum of fifty (50) feet from abutting residential districts and the set-back 'area shall be landscaped and maintained to act as a buffer zone. 3) Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or other interference. 4) A site plan shall be provided showing pertinent structure locations and landscaping. MAXIMIm! HEIGHT Thirty-five (35) feet above the finished grade of the lot within 150 feet of any district restricted to thirty (30) feet or less in height, and forty-five (45) feet elsewhere within the district. MINIbgUb! OFF-STREET PARKING As required by the Zoning Ordinance of Collier County. OFF-STREET PARKING LANDSCAPING Landscaping shall be provided as required by the Zoning Ordinance of Collier County. 8-2 ~-?cs~cf ~his--ge~tion ig--lo met---fo~_th ~h.e ~crho~f mhc~ping-a~rs~a! se~ice neo~.o~ ~ ~c'=ndlng rc~n~ia! ara~- ~t=~! s~re~ perr!ttod ars ~n~ - ---~ p__r ..... = convcnicnca gecds which arc usual~ ~~sity for ~c residantia! -~ cyc!c ' 7) __' ........ -!I ) · 12 ] '~'' Cift nhcps. --}6-~bes, salf ;cr;'ica only. 17) -21) 22) Le~i~aqrma~c the~tcr-=-----Mee-ion picture tkaatcrs - not Liquor · ',~ ~ ' tor Post .qepair chops - Radio, T.V., small ~ppli~=e_~, ~_hc~ 2,cstaure~.ts - not including driv0-ir.E. ?,a s i d_~ n ti_a-t-.d~1.1-i ng-u~t s--ira -ac ¢ c r d a n c ~ wi %~ -Z-e~ t-i o n - ' s net ~eed 9600 d~:e!!ing ~y o~cm~~~e or professions! sorvicc ~le in nzture %.~--~he f~egoin~ uses and ~_~, ~-~n~,--~truc~ures--~us~mari!y associated .~'ith the uses perr~..!tted in this district. 2) c_~-g, ns as--pe_=mitte~-by thc Zon'-=e..g Crdinnncc~ 9.05 0.0~ -^. From ir:ct bou.~dary lines - thirty five (]E) fsst ~hat bu!l~ing~ ~ha!! be ~er~:~ed ever ~:a~er ~n the ~ ...... b~il~ .... : ............. ~ b: ~:p~_r~ed twenty-fi~: ~?$~ ~e:~ or ar:hitectural theme these distanc~-m-ay be !e~s provided :its plan is approved in accordance with Sec:ion 2.0£. -4~feet per bui!di~ on the ~rc:nd floor except that free stand-i-nS speciaqty structures of n~tisna!!y rec~cni:e~ -?=-~sd ~i?~ less than 1000 square f~t ~ha!! be permi~tad wh~n Thirty-five (3S)~eet above the finis~~e of lot. g.!! required by t~m-~ning OrE-~nc~ of Cc!lief County. M!~!MUM L,~,~OSCAP!N~ R£OU!RE~£NTS .a~._ required by the L4-~!TATIg~S O~! T~u~TNC S TORAG E · There-shall be no ou~i-~-e--s-~e om-~-tsF!s~--~f merchandise~ MAR .... , SECTION IX COMMUNITY AND AREA COMMERCIAL 9.01 PURPOSE The purpose of this Section is to set forth the plan and regulations for the areas designated on Exhibit "C", Site Plan, as Community Commercial and Area Commercial. 9.02 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Principal Uses: 1) Antique shops 2) Appliance stores 3) Art studios 4) Art supply shops 5) Automobile parts stores 6) Automobile service stations without repairs in accordance with applicable zoning regulations. 7) Awning shops 8) Bakery shops 9) Banks and financial institutions 10) Barber and beauty shops 11) Bath supply stores 12) Bicycle sales and services 13) Blueprint shops 14) Bookbinders 15) Book store~ 16) Business machine service 17) Car wash 18) Carpet sales - not including storage or installation 19) Child care center subject to site plan approval 20) Churches and other places of worship subject to site plan approval 21) Clothing stores 22) Cocktail lounges 23) Commercial recreation uses 24) Commercial schools 25) Confectionery and candy stores 26) Delicatessens 27) Department Stores 28) Drug stores 29) Dry cleaning shops 30) Dry goods stores 31) Electrical supply stores 32) Florist shops AGENDA ITEM MAR 0 9 200 m I 33) Fraternal and social clubs, alcoholic beverag subject to provisions of the Zoning Ordinance. 34) Funeral Home 35) ~urniture stores · 36) Furrier shops 37) Garden supply stores'.- outside display in rear 38) General offices 39) Gift shops 40) Glass and mirror sales - not including installs tion 41) Gourmet shop 42) Hardware stores 43) Hat cleaning & blocking 44)Health food stores 45)Hobby supply stores 46)Hospitals 47)Hotels 48)Ice cream stores 49)Interior decorating showrooms and offices 50)Jewelry stores 51)Laboratories _ f~lm, research and testing 52)Laundries, self-service only 53)Leather goods 54) Legitimate theaters 55) Liquor stores 56) Locksmith 57) Markets, food 58) Markets, meat 59) Medical clinics 60) Millinery Shops 61) MOtels 62) Motion picture theaters not including drive-ins 63) Museums 64) Music stor~s 65) New car dealerships _ outside display permitted 66) News stores 67) Office supply stores 68) Paint and wallpaper stores ''- 69) Pet shops 70) Pet supply shops 71) Photographic equipment stores 72) Pottery stores 73) Printing, publishing and mimeograph service 74) Private club, alcoholic beverages subject to the provisions of the Zoning Ordinance 75) Professional offices 76) Radio and television sales and service ??) Research and design labs 78) Residential dwelling units in accordance with Section 7.04 and requiring Site Plan approval, provided that the total number of dwelling units within the PELICAN BAY project area does not exceed g~O0 860___~0 dwelling units. 79) Rest homes and Sanatoriums 80) Restaurants, not including drive-ins 81) Shoe repair 82) Shoe stores 83) Shopping centers 84) Souvenir stores 85) Stationery stores 86) Supermarkets 87) Tailor shops 88) Taxidermists 89) Tile sales - ceramic tile 90) Tobacco Shops 91) Toy shops 92) Tropical fish stores 93) Variety stores 94) Vehicle rental - automobiles only 95) Veterinarian offices and clinics - no outside kenneling 96) Watch and precision instrument repair shops 97) Drapery shops 98) Upholstery shops- 99) Bait and tackle shops 100) Fire stations 101) Any other commercial use or professional service which is comparable in nature with the fcregoing uses and which the Director determines to be compatible in the district. 102) Water management facilities. B. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated- with the uses permitted in this district. 2. Signs as permitted by the Zoning Ordinance. 9.03 MINIMUM LOT AREA None 9.04 MINIMUM LOT WIDTH None 9.05 MINIMUM YARD REQUIREMENTS Buildings shall be set back a minimum of fifty (50) feet plus one (1) foot for each two (2) feet of building height above fifty (50) feet from all parcel boundaries except that buildings shall be permitted over-water in the lake areas, subject to Site Plan approval in accordance with Section 2.05. ;~-~ 9-3 i I A,9 0 9 200 ~8r86 9.06 BUILDING SEPARATION Ail buildings shall be separated fifty (50) feet~ or 1/2 the sum of their heights whichever is greater except that in the case of clustered buildings with a common architectural theme these distances may be less provided that a site plan is approved in accordance with Section 2.04 2.05. 9.07 MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURE A. 1000 square feet per building on the ground floor except that free standing specialty structures of nationally recognized standard size less than 1000 square feet shall be permitted when site plan approval has been received. B. The minimum living area of any hotel or motel unit permitted under Section 10.02 A. ' (47) and (61) shall be three hundred (300) square feet. There. shall be no maximum square footage. 9.08 MAXI~JM HEIGHT None. One hundred (100) feet. 9.09 MINIMUM OFF-STREET PARKING AND OFF-STREET LOADINC REQUIREMENTS As required b~ the Zoning Ordinance of Collier County. 9.10 MINIMUM LANDSCAPING As required by the Zoning Ordinance of Collier County. Also, a landscape buffer area along West Boulevard in accordance with Section 8.37 of the Zonin~ Ordinanco will be recuired in order to buffer the .visual tmDactn of the retail shoDuing center in the Area Commercial district. 9.11 LIMITATIONS ON SIGNS As permitted by the Zoning Ordinance of Collier County. Also, apDroDriate directional signage as permitted in the ZoninQ Ordinance directing traffic out of the retail shopping center in the Area Commercial District will be installed. 9.12 MERCHANDISE STORAGE AND DISPLAY Unless specifically permitted for a given use, outside storage or display of ~erchandise is prohibited unless screeened from view to a height of six (6) feet above ground level. -~e-~ 9-__A 9.13 9.14 9.15 SITE PLAN APPROVAL Site plan aDorova! in accordance with Section 10.5 of the Zonfng Ordinance of Collier County is required for all buildln~s and structures. A cody of any written reeuest for site plan aDprovai submitted to Director in accordance with Section 10.5 shall be provided by Westinghouse Commmunities of Naples, Inc. to the Pelican Bay ProPerty Owners Association, Inc. MAXIMUM CO,MMERCIAL SQUARE FOOTAGE There shall be a total authorized maximum of 1,095,000 s~uare feet of commercial gross building area, consistin~ of a maximum of 435,000 scuare feet of gross building area for retail soace and a maximum of 945,000 souare feet of cross building area for office space, but in no event shall the combined total exceed 1,095,000 square feet of commercial gross building area. A maximum of 640,400 square feet of commercial gross buildin~ area (containing a maximum of 285,000 square feet of retail)shall be constructed in the Area (South) Commercial District. A maximum of 454,600 square feet of commercial cross buildinq area (consisting of 304,600 scuare feet cf office and 150,000 scuare feet of retail) shall be constructed in the Community (North) Commercial District. ADDITIONAL STIPULATIONS FOR COMM]3NITY COM?~ERCIAL Additional stiuulations in regard to the Community Commercial parcel are contained in Exhibit "N". 10-5 9-5 MAR 0 9 .GEC=P-I-C~- ,-~-t- SECTION X CONSERVATION AREA IlrO~ 10.01 PURPOSE The purpose of this Section is to set forth th, regulations for the area designated on Exhibit "C", Sit, Plan, as Conservation Area. 10.02 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall erected altered, or land or water used, in whole or part, for other than the following: A. Principal Uses Requiring Site Plan Approval: 1. Nature trails including boardwalks. 2. Boat Trails. 3. Boat docks (non-commercial boat launc] facilities only - no permanent docking). 4. Paths and bridges to provide access from th, uplands to the beach for pedestrians and m' maintenance equipment. 5. Beach.sun shelters. 6. A marine research laboratory. 7. Recreati6nal clubs and other activities fo: recreation, conservation, and preservation whe] approved by the Director. 8. Water Management Facilities. B. Permitted Accessory Uses and Structures: 1. Accessory uses and structures Customaril] associated with the uses permitted in thi~ district. 2. Signs as permitted in the Zoning Ordinance. -L-1-.-fY3- !0.03 CONSERVATION AREA OWNERSHIP AND MAINTENANCE A. Approximately 36 acres of the Conservation Are~ lying south of Clam Pass and west of Outer Clam Ba] shall be conveyed to Collier County for public beac~ use and maintenance in accordance with Sectior 2.03. MAR Pg.__ Bo The Pelican Bay Improvement District, a non-profit property owner's association or other entity will be granted the authority and responsibility for enforcing the applicable convenants, in accordance with Section 2.03 governing the approximately 129 acres of beachfront and other'uplands, 277 acres of water area, and 129 acres of wetlands. This entity will be responsible for planning, control, supervision and maintenance of this area. SECTION XI UTILITY AREA q-2-.~D~- 11.01 PURPOSE The purpose of this Section is to set forth the regulations for the area des/gnate~ on Exhibit "C", Site Plan, as Utility Area. 11.02 PERMITTED USES AND STRUCTURES No Building or structure, or part thereof, shall be erected, altered, or used, or land or water used, in whole or in part, for other than the following: A. Principal Uses: 1. Potable water treatment and distribution facilities. 2. Sanitary waste water collection treatment and disposal facilities. 3. Utility services maintenance. equipment, storage and 4. Utility services offices. 5. Lawn or golf course maintenance equipment storage. shops and 6. Any other use associated with maintenance or utility se-~vices when approved by the Director 7. Water management facilities. B. Permitted Accessory Uses and Structures: 1. Accessor~y uses and structures customarily associated with the uses permitted in this district. 2. Signs as permitted in the zoning ordinance. 11.03 MINIMUM YARD REQUIREMENTS None 11.04 MAXIMUM HEIGHT None 11.05 MINIMUM FLOOR AREA None E£-i 11-1 ~-- AGEI~A IT' ' IHAR 0 9 200 /,,/S · ~E~TT~3T~X-I-I-I ;ECTiON XII DEVELOPMENT CO~4ITMENTS 12.01 ENVIRONMENTAL AND NATURAL RESOURCES A. Air Quality The applicant for a construction permit for the construction of any facility that qualifies for complex air source permits under Chapter 17-2, Florida Administrative Code, shall obtain all necessary complex air source permits prior to the issuance by Collier County of construction permits for such a facility B. Natural Resources 1. Prior to filling the approximately 98 acres of -wetlands, located in the northwest section of Group 4 properties, the applicant shall: a. Convey approximately 36 acres (containing approximately 3/4 of a mile of beachfront) to Collier County, Florida, for a public beach; and set aside by filing convenants, approximately 530 acres (containing approximately 1-1/4 miles of beachfront) restricting in perpetuity this property for recreation, conservation and preservation purposes; and b. Obtain all necessary permits from county, state ~nd federal agencies, including, but not limited to, giving reasonable assurance that the fill activity, development, and drainage system will not result in violation of the applicable provisions of Chapter 17-3, F~orida Administrative Code. Further, Collier County and the South Florida Water Management District (SFWMD) shall be assured that negative water quality impacts to Inner end Upper Clam Bay will not result from the fill/ destruction and development of the area presently occupied by 98 acres of mangrove forest; and, c. Preserve the existing red mangrove fringe around all significant water bodies; and, d. Stake the precise interface of the red mangrove fringe prior to commencement of construction activities; and, e. Limit the filling activities to approximately 98 acres; and, A O~.NOA IT~_M --~ MAR 0 f. Covenant the Conservation area for preservation, con-servation and limited recreational uses; and, g. insure that filling activities shall n~t take place in significant stands of red' mangroves and shall not eliminate significant existing tidal creeks; and, h. Insure that no alteration or filling shall be conducted below the two foot contour in this area before all approvals for such construction are received. 2. The provisions of Section 2.03, GULF-FRONT LAND, are a part of this section. C. Water Resources 1) Potable water supply Prior to the issuance of any construction permits by Collier County, the Pelican Bay Improvement District (PBID) shall demonstrate to the Environmental Advisory Council, Water Management Advisory Board, Coastal Area Planning Commission and Board of County Commissioners of Collier County and the South Florida Water Managem~ District (SFWMD) that the Floridan Aquifer, this area, has sufficient capacity to meet %.._ water supply requirements of the proposed project's ultimate population, and that this water withdrawal -and reject water disposal will not adversely impact areawide water quantity or quality. Reject water from the reverse osmosis process shall not enter the upland surface water storage areas. 2) Non-Potable Water Supply a. Prior to the issuance of construction permits by Collier County, the applicant or Pelican Bay Improvement District shall satisfactorily demonstrate to the Environmental Advisory Council, Water Management Advisory Board, Coastal Area Planning Commission and Board of County Commissioners of Collier County and the South Florida Water Management District (SFWMD) that the proposed project's water withdrawal for .golf course irrigation will not subject shallow aquifer resources to salt-water intrusion and will not adversely impact areawide water quantity or quality. ~--2- 12-2 b. During the wet season, June 1 to ©ctober 31, irrigation shall be permitted by withdrawal of water from the lakes to a minimum level to be established by the Water Management Advisory Board. -. c. When the Coastal" Ridge Aquifer is no longer over-stressed, the applicant shall be allowed to apply for a well permit for year round use of water from the shallow aquifer. The condition of the shallow aquifer shall be determined by the Big Cypress Basin Board, the South Florida Water Management District and the Water Management Advisory Board. d. Existing permitted wells within PELICAN BAY shall be excluded from the provisions of 13.1.C.2. (a),(b) and (c) above. D. Drainage Considerations 1) Upland Areas a. Prior to the preparation of the final plans, the Water Management Plan prepa~-=d by the Pelican Bay 'Improvement District shall be submitted to and approved by the Water Management Advisory Board. The Pelican Bay Improvement District shall provide necessary detailed drainage plans, studies and specifications to the Environmental Advisory Council, Water Management Advisory Board, CoastaI Area Planning Commission and Board of County Commissioners of Collier County and the South Florida Water Management District for approval prior to the issuance of construction permits by Collier County. b. Until such time as the tidal average lO0-year flood elevations are established by HUD, the minimum building floor elevation shall be 10 feet above mean sea level. 2) Northwest Fill Area The Pelican Bay Improvement District shall provide necessary detailed drainage plans, studies and specifications to the Environmental Advisory Council, Water Management Advisory Board, Coastal Area Planning Commission and Board of County Commissioners of Collier County and the South Florida Water Management District for approval prior to the issuance of any permits by Collier County. Further, the county and the South Florida Water ~:anagemen~ ulstrict sh~l~ be assured that ~-~- 12-3 I AR 0 9 200 . o negative water quality impacts to Inner and Uppez Clam Bay will not result from the fill/destructior and development of the area presently occupied by 98 acres of mangrove forest. -~9 12.02 PUBLIC FACILITIES A. Sewage Treatment Facilities The Pelican Bay Improvement District (BPID), created through a special act of the Florida Legislature in 1974, shall provide sewage treatment facilities for the proposed pro]ect. The Pelican Bay Improvement District shall provide necessary detailed plans! studies and specifications to the Environmental Advisory Council, Water Management Advisory Board, Coastal Area Planninq Ccmmission and Board of County Commissioners of Co!fief County and the Department of Environmental Regulation (DER) for approval prior to the issuance of permits. B. Water Treatment Facilities Water treatment facilities shall be provided by the Pelican Bay Improvement District (PB!D). The Pelican Bay Improvement District shall provide necessary detailed plans, studies and specifications to ~e Environmental Advisory Council, Water Manager Advisory Board, Coastal Area Planning Commission Board of County Commissioners of Collier County anj the Department of Environmental Regulation for approval prior to the issuance of permits. -~3~ 12.03 TRANSPORTATION A. Internal The internal roadway system of the pr6posed project, including signals and other intersection imprdvements shall be constructed by the applicant as indicated on Exhibits "J" and "K". Phasing and/or bonding for the ultimate improvements shall be done in accordance with the Subdivision Regulations. B. External The applicant shall improve Seagate Drive from its current two-lane design to a four-laned roadway between U.S. 41 and the most westerly constructed intersection of a PELICAN BAY street with Seagate Drive. The responsibility of the applicant for four-laning Seagate Drive shall continue until the release of the last existing internal improvement 12-4 MAR 0 9 bond for the project. The applicant' shall also pay his proportionate share ~of the costs for the necessary intersection improvements and stgnalizations along Vanderbilt Beach Road, Seagate Drive and U.S. 41, in accordance with the Subdivision Regulations. C. Additional Right-of-way Seventeen and one-half (17-1/2) feet of additional right-of-way for Seagate Drive and Vanderbilt Beach Road shall be set aside within Pelican Bay. This right-of-way will be included in the buffer strip until such time as it is required for roadway expansion. At that time, the applicant shall dedicate the additional right-of-way. D. Golf Cart/Road "E" Intersection A grade separation shall be provided to separate the golf cart traffic from vehicular traffic where they conflict at Roadway "E". E. Access to Surrounding' Roads Access to the surrounding major roads shall be limited to those access points shown on Exhibit "j' except as otherwise approved by the Coastal Area Planning Commission. F. Connections to Seagate Rights-of-way for the extension of West ~oulevard and Crayton Road into Pelican Bay shall be dedicated as part of platting. .However, the construction of math the Crayton Road connection shall not be G~7~i~m~m~ a public hearing is held with du~ public notice to recive input from surroundinU property owners. G. Landscaped Buffer Strin A landscaped buffer strip, a minimum of 100 feet in depth, shall be designated along the residential areas adjacent U.S. 41, Seagate Drive and Vanderbilt Beach Road. ~.-4'~ 12.04 PUBLIC SERVICES A. Education Forty-five acres located in the vicinity of the community commercial parcel near Vanderbilt Beach Road and U.S. 41 will be offered to the Collier County School Board for use as a 25 acre middle school site and a 20 acre elementary school site. · ~-~ 12-5 The 45 acres will be sold to the School Board at 50% of the January 1, 1977, appraised value plus 6% per year appreciation for each year after !977. This offer will continue until January 1, 1990. After January 1, 1990, the applicant shall be permitted to develop as residential areas all parts of tke 45 acres not purchased by the School Board. B. Government Facilities Twenty acres located in the vicinity of the Community Commercial parcel near Vanderbilt Beach Road and U.S. 41 will be dedicated to Collier County in increments of five acres per eacN 1,000 dwelling units permitted for the first 4,000 dwelling units permitted. The major portion of this area is intended to serve as a community park with the minor portion to be used for such things as fire station, library, sheriff's substation, branch courthouse offices, auditorium, etc. Non-administrative uses such as open storage equipment yards and other non-compatible 9overnment functions shall not be permitted within this site.' The applicant shal~ be 9iven the opportunity to review the architectural plans for any facilties planned for this area prior to their construction. Should a requirement for use of a part of this 20 acres develop prior to the above described dedication rate, the applicant will make available at earlier date a specific area for an immedi specific use. C. Fire Protection 1) To Assure Adequate Fire Flow: The' applicant shall provide for the strategic placement of fire hydrants as required by the Collier County Subdivision Regulations. Autcmatic sprinkler systems, water pumps, storage~ and pressure tanks shall be provided as required by county and state laws. 2) To Assure Adequate Fire Protection Services: A site for a fire station is included within the Governmental Facilities area identified in !3.4.B above. 12-6 · 8=§-12.05 RECREATION AREAS A. Neighbcrhood Parks A total of twenty (20) acres shall be designated in the residential areas for use as neighborhood parks. The applicant shall install the following improvements in each such park: one (1) unlighted combination softball/soccer field with backstop, one (1) 5000 square foot tot lot, two (2) unlighted tennis courts, twenty (20) paved parking spaces. B. Community Parks Twenty (20) acres as described in Section 13.4.B. above is available for use as a Community Park. This property is located adjacent to the school sites so that maximum utilization can be achieved. Gulf-front Land Thirty six (36) acres of Gulf-front land plus two (2) acres for upland parking shall be made available as described in Section 2.03 for public ownership. D. Beach Access Approximately five (5) acres located at the northwest corner of Pelican Bay adjacent to Vanderbilt Beach Road and the. Gulf of Mexico shall be developed into approximately 120 parking spaces and then conveyed to Collier County-after obtaining necessary permits. ~3 7- 12-7 c- B MAR 0 9 200~ F-9 F-10 MAR 0 9 200~ F-11 !xHIBIT "H" "' c 5'; = ~ = ,-,- - := o ,c. =.o_ -:.:.: ~-~ o..= c~ ~":' E= ~-- ._ ,., ~-~ = _o= = ,~= ,.. ~ ,~_._~ ,~ -= ~, ;3-- o --, ~ .o c~ =-== .: o o E . c c-.c E ¥-].2 .f-- i'-13 L F-15 F-lB HAR O D 2oO'~ i .t I I P~.~ JUf 14 l& 2'9 ~n act relating to thc Pelican Bay Improvement Distt~ct, Collte£ County: adding subsections 126] and (27) to section S o[.chapter T4-462o amending section 52 o[ chapter 74o4&2, La~s r}orJda, relating to restrictions on providing an ef£ective date. Belt £nacted by the Legislature of the State o£ florida: Section 2. Subsections (2S) and {27) are added section $ o~ chapter ~4-4620 La~ oL florida, to read- acouite by purchase, eift. devise. ]ease or by means oth¢ ,therelnr eou~en:z franchises, cerements, ~ub]ic or =r[~ and facilities eutside of the boundaries of the district: construct, ooerate and rzi.tain ~e]]s, oum~ina stations. p~e!ines, se~er!, sever ~in~, conduits and any other fac~Jities outsid~ of tPr h~und~rie~ of the district to ~cc~ire end ~:=~v ~ater to ~nd ~er ~ervice? for dlStrfct for use therc~n: to accuire Zn~ utl]i=e ~ub]iC priv~te easrnents outside of the boundzrles of the distr and to ta~e any other ~c:i~n out~ide ~he district rea=o,. 13( NA, 09 2OO AGREEMENT I, Byron R. Koste and/or Charles Turner, as owner or authorized agent for Petition PDA-89-7, agree to the following stipulations requested by the Collier County Planning Commission in their public hearing on May 18, 1989. These stipulations are applicable to the co~unity Commercial Parcel and the middle parcel to be rezoned to Group 2 residential, as depicted on Exhibit "A" attached hereto. Petitioner shall be subject to Ordinance 75-21 [or the tree/vegetation removal ordinance in existence at the time of permitting], requiring the acquisition of a tree removal permit prior to any land clearing. A site clearing plan shall be submitted to the Natural Resources Management Department and the Community Development Division for their review and approval prior to any substantial work on the site. This plan may be submitted in phases , to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads, buildings lakes, parking lots, and other facilities have been oriented to accommodate this goal. bo Native species shall be utilized, as described below, in the site landscaping plan. A landscape plan for all landscaping on the development shall be submitted to the County Landscape Architect and to a County Environmental Specialist for their review and shall be subject to their approval. The landscape design shall incorporate a minimum of 60% native plants, by number, including trees, shrubs, and ground cover. At least 60% of the trees, 60% of the shrubs, and 60% of the groundcover shall be native species. At the direction of the County Landscape Architect or County Environmental Specialist a higher percentage of trees or shrubs can offset an equal percentage of use of only 50% native groundcover. This plan shall depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be the re-creation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. EXHIBIT "N" P~-._._.._._/~/ eo co Ail exotic plants, as defined in the County Code, shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development a maintenance program shall be implemented to prevent relnvasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and approved by the Natural Resources Management Department and the Community Development Division. In accordance with policy 6.5.1 of the Growth Management Plan the petitioner shall utilize "xeriscape,, principles to landscape the Group 2 residential areas on the north and south sides of Gulf Park Drive and in the Community Commercial District situated in the northeast corner of Pelican Bay. Petitioner shall conduct a gopher tortoise survey in accordance with the criteria established by the Florida Game and Freshwater Fish Commission (FGFWFC) on the Community Com~ercial and Neighborhood Commercial Districts. Petitioner shall comply with Policy 7.3.5 of the Conservation Element of the Growth Management Act and the regulations of the FGFWFC concerning the relocation and protection of any gopher tortoises found on the sites. Petitioner shall, to the maximum extent practical, avoid removal of xeric oak habitat in the following areas: a) perimeter of lakes; b) parcel boundaries; c) rights of way; d) parking lot islands; and e) other areas where the removal of existing xeric oak habitat is not necessary. Petitioner shall try, where feasible, to keep these undisturbed xeric oak habitat parcels as a contigl/ous area. The exact size and location of these protected xeric oak habitat areas shall be agreed to between the petitioner, the contract owner of the commercial parcels, and the environmental staff of Collier County prior to approval of any SDP in the Community Commercial District. The protected areas shall then be surveyed and designated on all site plans. Protective barriers shall be erected around the perimeter of the undisturbed xeric oak habitat areas during construction to prevent disturbance of the xeric oak habitats. ho Petitioner shall incorporate the remaining xeric oak habitat into the "xeriscape" landscaping plan. This shall call for transplanting the scrub oak trees from areas to be developed to suitable areas within the Community Commercial District. If feasible, petitioner shall also transplant the existing rosemary and other shrubs from the proposed development areas to the same suitable areas. Petitioner shall establish deed restrictions for the Community Commercial District that will protect the xeric oak habitat areas that are to be protected and the oak trees, and any xeric shrubs that can be transplanted, that are to be transplanted and incorporated into the landscaping plan. Storm water run-off shall be directed away from the scrub oak habitat. Petitioner shall conduct Phase II test excavation on archaeological site 8CR687 in coordination with the Florida Division of Historical Resources, as noted in the Cultural Resource Assessment Survey of the Pelican Bay development site written by Piper Archaeological Research, Inc., dated February, 1989. A determination of significance shall be made during the Phase II test excavation. The site shall be professionally mitigated and significant archaeological information shall be retrieved and donated to a permanent curatorial facility or museum in Collier county. Petitioner shall report to the Florida Division of Historical Resources upon completion of the Phase II test excavation and copy County Staff. No development activity shall occur on site until receipt of written approval from the Division. The report generated by the excavations shall be reviewed and approved by the Florida Division of Historical Resources. A copy of the report shall be forwarded to County Staff. Remove amended language of Section 13.3 Paragraph F of PUD document. Prohibiting the connection of Crayton Road is a violation of the Collier County Subdivision Regulations Ordinance 76-6, Article XI, Section 17, Paragraphs C and H. The language shall be amended as provided in item r. of this Agreement Sheet. Petitioner shall provide evidence that master drainage system has the capacity to handle the proposed changes in land use. At the time of site development, petitioner Shall submit a revised water management plan and calculations demonstrating that the master system is ~dequate. Adequacy of sewage treatment, disposal capacity, water supply and fire flow capacity must be dccumented at the time of site development and/or building permit approval to service the proposed development. k_~. Detailed paving, grading and site drainage plans shall be submitted to Project Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Project Review Services. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Subdivision Regulations. 1_~. A copy of SFW~D Permit or Early Work Permit is required prior to construction plan approval. m__~. Platting is required in accordance with Collier County Subdivision Regulations; if any lots, tracts, or parcels are to be sold. n_~. The Florida Department of Transportation cannot support the commercial connection shown to U.S. 41 just south of Vanderbilt Beach Road.; approvals of access points, bv FDOT even conceptually, can only be given following site plan review. o_~. -Amend Exhibit C Master Plan to delete the access point for the proposed Group 2 parcel - shown as approved by CAPC on 11-1-84. D- -Amend Section 12.03 Transportation F. connections to Seagate shall be amended to read: However, the construction of the crayton Road connection shall not be authorized until a public hearing is held with due public notice to receive input from surrounding property owners. MAR 0 9 September 22, 1976 ~lr. Grover Erickson Coral Ridge-Collier Properties Inc. Post Office Box 2722 ' Naples, Florida 33~40 Dear ~lr. Erickson: You have requested an opinion"as to whether Coral Ridge- Collier Properties, Inc., has legal authority, ownership and control to apply for a zoning change in the form of a proposed planned unit development classification in Collier County, Florida, as to that portion.of land delineated and described in the zoning application. Coral Ridge-Collier Properties, Inc., does have such legal authority, ownership.and control. Coral Ridge-Collier Properties, Inc., duly authorized under Florida law and earlier known and incorporated as 48-49-25 Land Corporation, is pa~ty to that certain "Land Option Agreement" of b~av 10 1972 pursuant to which as of this date: ' ' ' , 1. Coral Ridge-Collier Properties, Inc., did in fact exercise its first option as optionee under the agreement and does now own those approximately SO0 acres which constitute the land in option tract number 1 as set forth in ~he provisions of the contract; and 2. Coral Ridge~Collier Properties, Inc., hol.ds an irrevocably granted .xclusive option to those approximately 1 :~ acres which consti- tute land described in the remaining option tracts which are set forth in the provisions of the contract. AGE. NDA I'I'I:..M f EXPliCIT "A" ~ MAR 0 9 Mr. Grover £rickson Page Two September 22, ]976 Coral Ridge-Collier Properties, Inc., pursuant to paragraFh 18 of the said Land Option Agreement, has and enjoys the pledged support of the optionors in procuring necessary zoning for the contemplated development of the lands c~vered by the agreement. Under Florida law, an exclusive optionee with the pledged support of the optionor, may proceed within the legal para- meters of the option agreement to apply for zoning changes affecting the optioned land. Since the optionors and Coral 'Ridge-Collier Properties, Inc., have already cooperated significantly in terms of both time and money, the optionors would be subject to the doctrine of equitabl~ estoppel were they to challenge the zoning application on the basis of authority, control and ownership in the option6e. Moreover, the State of Florida, by deeds, deed confirmations and disclaimers, all documents duly executed and recorded, has divested itself of an)' interest in or to those bottom lands, such as swamp and overflowed lands, which are situate in the property described in the planned unit development application. The State would be estopped from maintaining an}' claim thereto or any other action based upon such a claim, whether in regard to ~he zoning application or any other transaction or application. ~herefore, Coral Ridge[Collier Properties, Inc., does have and hold such ownership and control over the property as to consti- tute legal au%hority to apply for the needed zoning changes for the proposed planned unit development in Collier Count}'. If you have any questions, please contact me. In the meantime, with best wishes and warm regards, I remain KvA: j ~ Ve~ly yours, K~ van Assenderp Po~ the Firm OK BAY Pg. · ~ PELICAN E .... BOUNDARY TOPOC EXHIfi VEC ETA N £XH .... ...... ! --- I I - PELICAN BAY IM~'KOVEMENT DISTRICT AcT CHAPTER 74-4bz, ha-o u: :~n~- MAR 0 9 200~ F-4 MAR O ~ '2O~q COMMUNITY __ COMMERCIAL DIST1RICT GROUP 2 RESIDENTIAL (RE7ONED FROM NEIGHBORHOOD COMMERCIAL) ~ PELICAN BAY . " ~-:--~'.--=' S IT,E ,,PLAN AGENDA ~ MAR 0 9 2D0q ! 11 '1:] l& 11 1"/ (2~1 To horror ~onPv, I:~ue bonds, c~rtiric~tesr ~arrants~ notes, ot other Sndehtedmess of th? ~istrict, ond e~oend /und5 for the acouls~C{onr fJn~ncJ~c, construct ionr s-~r eaim~,-comduit$ ~nd other facilities ~et forth in d~str~ct reasonably ~ec~ssarv for the acouisEtio~ amd suo~],; of rater to amd sc~er service for the di%trict. Florida, is a:ended to read: Section 52. Any other provision of this ac~ to the contrary notvithstam~n~0 the district s~a]l ~ot ~rov~de ~ services heron8 the boundaries of the district ~e~ef~-~remtcd-to-~e-~ott~ct-b~-t~:-oct-or-~cm~to~-~o~ 2 MAR 0 9 200 MAR I)9 HAR 0 9 200~. o .- INTERNAL ROADWAY REQUIREMENTS · J'AGENDA I'IT=.N! ~'~-7~ MAR 09 2,:~ r TRAFFIC SIGNAL LOCATIONS E)~H~8~T K MAR 0 S ,NO HOT PERIVIIT' $£AGA~E D RIVI: SE. AC, AlE D~IIV E I MAXIMUM H FIVE (5) ST( ABOVE ONE FLOOR OF PARKING AGENDA I~AR 0 9 EXECUTIVE SUMMARY ADA-2003-AR-4933, MICHAEL J. VOLPE, OF ROBINS, KAPLAN, MILLER & CIRESI, LLP, REPRESENTING PELICAN BAY PROPERTY OWNERS ASSOCIATION, REQUESTING AN APPEAL TO OFFICIAL INTERPRETATION INTP-2003-AR-4306 RELATIVE TO THE APPROVAL OF SDPA-2001-AR-412, WATERPARK PLACE AT PELICAN BAY. OB,,IECTIVE: The objective of this appeal by the applicant is to seek a reversal of the interpretation issued by the Director of the Department of Zoning and Land Development Review (previously known as Planning Services Director), by the Collier County Board of Zoning Appeals. The appeal is related to the approval of the Site Development Plan for Waterpark Place at Pelican Bay (Cap d'Antibes) SDP-2001-AR-412. The appeal claims that the Director has incorrectly interpreted Section 7.04.03 (see page 151) of the Pelican Bay PUD as it applies to the point at which the measurement of minimum yards is taken (tract vs. lot boundaries). Second, that the provisions of the LDC with respect to cluster developments .should be read together, meaning the more restrictive procedures of the LDC with respect to cluster development are applicable to the provisions of the Pelican Bay PUD for the clustering of buildings within Group 4 areas. Third, the amendment to the site development plan for Waterpark Place at Pelican Bay (Cap d'Antibes) is not in harmony with the Pelican Bay PUD, is injurious to the neighborhood, the adjoining property and is otherwise detrimental to the public welfare. Fourth, the appellant claims that the Advisory Board of the Pelican Bay Services Division and not the Manager of the Division was required to review and approve the amendment to the Site development Plan for Waterpark Place (Cap d'Antibes). The objective of the Board of County Commissioners is to review the current Director's interpretation of the then existing facts and law related to the approval of the subject Site Development Plan and to determine if any part of what staff did was inconsistent with the then existing Land Development Code regulations (inclusive of the Pelican Bay PUD) and the Growth Management Plan. The appeal process is not one in which the Board or staff conducts a re-review of the already approved site plan, and it is not one in which the Board has the authority to revoke or amend the site plan, it is focused specifically on the questions raised by the applicant and the decisions rendered by the Director. Specifically, the issue is whether the interpretation, as rendered by the Director regarding the rules in existence and as applied during the SDP amendment approval process, was applied consistent with the then existing codes and regulations. Should the Board determine that the official interpretation is not supported by substantial competent evidence or that the interpretation is contrary to the Growth Management Plan or the Land Development Code, the Board may modify or reject the Director's interpretation. In doing so, the staff would then be required to re-evaluate the now existing SDP based on the guidance AGENDA MAR 0 9 200 p.,. / of the Board in relation to the decisions rendered by the Board. Should the Board find none of the above, the Board shall accept the Director's interpretation. If the Board, through substantial competent evidence, rules to not accept the interpretations, such a ruling may significantly effect previous decisions regarding the application of the code on other projects within the Pelican Bay PUD and similarly regulated projects throughout the County (see exhibit No. 1 ). CONSIDERATIONS: On September 29, 2003 an official interpretation, INTP-2003-AR-4306 was rendered to Michael J. Volpe, Esq. The interpretation followed an application made by Michael J. Volpe to have the Zoning Director issue a formal opinion concerning the Pelican Bay PUD Ordinance No. 77-18, as amended by Ordinance No. 89-53 (Pelican Bay PUD) and other provisions of the LDC. The original site plan for Waterpark Place (approved in 1990) consisted of four separate high- rise towers and one single unit building to be constructed on a single parcel (Parcel B). After one of the four original towers was constructed in 1994, the developer petitioned the County to replat Parcel B into four individual tracts. The replat was approved and subsequently now consists of four individual tracts, specifically Tracts A, B, C and D. In 1997 Tract B was developed with a second high-rise condominium called the St. Laurent. Tracts C and D have yet to be developed. In 2000, the developer submitted an application to amend the original site plan to eliminate two of the four separate high rises (one planned for each tract) and instead opted for two high rise towers, joined together for the first four stories, on both Tract C and Tract D. Pursuant to provisions of the Pelican Bay PUD allowing him to do so, and as part of the Site Development Amendment application, the developer requested a reduction in the minimum yard requirement along the northerly boundary of Tract D from 100 feet to 50 feet, and the reduction of the required distance between the existing high rise condominium on Tract B (St. Laurent), from 200 feet to 150 feet. In his request for official interpretation the applicant asks the following: Whether or not the provisions of Section 7.04.03 of the Pelican Bay PUD apply to each separately platted tract. And, assuming the provisions of Section 7.04.03 are applicable to these separately platted tracts, do the provisions of Section Z04.03 permit the staff to administratively reduce the minimum yard requirements from the tract line between Tracts C and D to zero and/or allow the construction of a principal structure across this tract line. It is the Director's opinion that Sub-sections 7.04.03 of the Pelican Bay PUD specifically states that minimum yards may be measured from tract or development parcel lines. The proper application of the minimum yard requirements of this section is dependent upon how the platted tracts are proposed to be developed. From review of County records, it is the Director's determination that the site development plan amendment (SDPA) that was submitted for Cap d'Antibes included only Tracts C and D of the plat however the overall development "parcel" for the original site development plan (SDP 90-261), included other lands (e.g., Tracts A & B), which when considered together constitute a single development parcel. Because the development parcel in question is established by the boundary of the original SDP, it is the Director's determination that the point from which the minimum yard requirements set forth in Paragraph A of Section 7.04.03., of the Pelican Bay PUD is to be measured from is the subject development parcel line, -'AGEI~'D.~ ITEM No. '-"t ~ _ 2 MAR - 2004 i.e., the boundary of SDP-90-261. Additionally, the boundary of SDP 90-261 forms the "development parcel" within which the distances set forth in Section 7.04.03 B. also apply for the purpose of measuring between two principle structures and two accessory structures. In Request H (i), the petitioner asks whether or not the provisions of Section 7.04.03. C. of the Pelican Bay PUD are limited to the distance between principle structures, as provided in Section 7.04.0.3. B., or does this administrative authority also allows staff to vary the minimum side yard setbacks as provided in Section 7.04.03. A., with respect to adjoining properties not depicted on the Site Plan. Based on the review of Section 7.04.03 C, the word "distances" in that provision is intended to apply to either or both of the requirements set forth in Paragraphs A and B, depending on the facts which exist. Under the facts presented by the referenced SDPA and SDP 90-261, both the minimum yard and separation "distances" may be reduced so long as the further condition of Paragraph C is met (clustered buildings, common architectural theme, site plan approval). It is also the Director's opinion that the separation distance requirements of Paragraph B should be interpreted and applied to those structures contained within the subject development parcel, but not to structures on adjoining properties located on another development parcel. Similarly, the minimum yard requirements of Paragraph A apply with respect to the line between the subject development parcel and any adjacent property. Lastly, both the minimum yard requirements of Paragraph A and the separation distances for structures in Paragraph B may be reduced based upon the express authority afforded by the regulation in Paragraph C once the condition stated there is met. In Request H (ii), the petitioner asks if the provisions of Section 7.04.03 of the Pelican Bay PUD and the provisions of Section 2.6.27 of the Land Development Code are to be read together to require a Petitioner who requests an exception, variance and/or amendment to the development standards set forth in Section 7.04 to use the conditional use process to satisfy the criteria set forth in the later Section. And, if not, what are the objective standards and criteria to be used by the Planning Services Director to determine whether a Petitioner is entitled to an exception, variance and/or amendment to the developtnent standards set forth in Section 7.04.03for "clustered buildings with a common architectural theme." Lastly, the petitioner asks does any[one] aggrieved by the decision of the Planning Services Director granting or denying an exception variance or amendment to the development standards set forth in Section 7.04.03 have the right to take an appeal from this decision. It is the Director's opinion that the provisions of Section 7.04.03 of the Pelican Bay PUD and Section 2.6.27 (see exhibit No. 2) of the LDC were never intended to be applied together. Thus, a petitioner is not required to submit a site development plan with a conditional use petition in order to reduce the minimum yard requirements pursuant to Section 7.04.03 C of the Pelican Bay PUD. The opinion above is based on the fact that LDC Section 2.6.27 is limited in its application to the clustering of single-family dwellings. Furthermore, in the subject development request and underlying site development plan only multi-family buildings are an approved use within the multi-family tracts permitted in the Group 4 areas of the PUD Master Plan. See, Section 7.03 Uses Permitted, Subsection A. Principal Uses, which under 1) lists "Multi-family residential buildings." MAR 0 9 200/.t In response to the second question, it is the Director's opinion that the "objective standards and criteria" relied upon to approve the reduced distances to the requirements of Sub-sections 7.04.03 A and B in the referenced SDPA were the express terms of the condition stated in Sub- section 7.04.03 C. That is, for the "clustered buildings with a common architectural theme" so long as the site plan was approved in accordance with Section 2.05 of the Pelican Bay PUD. These are the circumstances that existed for, and resulted in, the approval of the referenced SDPA. Although not a term defined by either the Pelican Bay PUD or the LDC, "clustered buildings," under the term's plain meaning and the facts applicable here, refers to buildings where individual units of multi-family residential development are "clustered." The dictionary definition of a "cluster" is a number of the same sort of things gathered together. That is exactly the circumstance in this SDP and others in the Pelican Bay PUD where multi-family residential dwelling units permitted by right are gathered or "clustered" together in one or more "Multi-family residential building." As to the phrase "with a common architectural theme," the subject file is replete with multiple statements of Florida registered architects stating their expert opinion of compliance with the "common architectural theme." Accordingly, because the terms of the condition in Sec. 7.04.03 C were met, the distances in Sections 7.04.03 A and B, in my opinion, were properly reduced without the requirement for any "exception, variance or amendment to the development standards." In fact, because the terms and condition of Sec. 7.04.03 C were met, the "development standards" for Section 7.04.03 were met. Lastly, although not directly applicable here, based on the Interpretation rendered above and as set forth below, anyone "aggrieved by the decision of the Director granting or denying an exception variance or amendment to the development standards set forth in Section 7.04.03 has those rights afforded by law. Based upon review of the referenced SDPA, there has been no decision made by the Director to grant or deny an exception, variance, or amendment to the development standards set forth in Section 7.04.03. Regardless, as this Interpretation request makes clear, any person who objects to an administrative determination or approval may seek an Official Interpretation pursuant to Division 1.6 of the LDC. Under LDC Section 1.6.6., a right of appeal is afforded. There is also the ability to take whatever civil action an aggrieved person may be lawfully entitled. This is in fact what was done for similar issues on previous development tracts within Pelican Bay. In Request II1, the petitioner asks whether under the Rules of Construction in LDC 6.1.1, are the provisions of Section 2.05 and 7.04.03 of the Pelican Bay PUD and Section 2.7.5 of the LDC to be read in pari materiaI and therefore, do the more restr~'ctive provisions of Section 2.7.5 of the LDC control Petitioner's Petition to Amend the SDP for Waterpark Place at Pelican Bay (Cap ~d Antibes) to reduce the minimum yard and distance between structures for Group 4 Parcels within the Pelican Bay PUD. The general role applicable to the interpretation of provisions of PUDs and the LDC is that where there are two provisions appearing to refer to the same subject, the more specific provision and an earlier adopted provision of equal specificity should control over later adopted or more general provisions. The cited Rules of Construction were not in effect at the time of AC~ENDA IT,~ '/,~.~ ) MAR 0 9 200q the adoption of PUD Ordinance 77-18, which established Sections 2.05 and 7.04.03. The cited Rules and the provisions of Section 2.7'5. (more or less as they now appear) did not become effective until November 13, 1991, following the adoption of Ordinance No. 91-102, which effectively created the Land Development Code. Nonetheless, LDC Section 6.1.1. also states that, "[all] provisions, terms, phrases and expressions contained in these regulations shall be liberally construed in order that the true intent and meaning of the board of county commissioners may be fully carried out." Here, it is the Director's opinion that under the prior existing and more specific provisions of Section 7.04.03 C of the Pelican Bay PUD for the reduction of distances imposed for minimum yards, a property owner is not required to obtain a variance from the minimum yard and distance between stm. cture standards pursuant to LDC Section 2.7.5. s6 long as the requirement of being a case where there is a clustered buildings with a common architectural theme is met. Section 7.04.03 clearly states that minimum yard and distance between structure standards for clustered buildings listed in Section 7.04.03 (Paragraphs A and B) may be less subject to a site plan approved in accordance with Section 2.05 of the PUD. It is the Director's professional opinion that this procedure was incorporated in the Pelican Bay PUD in order to allow flexibility in determining the appropriate minimum yard and distance between structure standards based on a site plan that is approved in accordance with the requirements contained in that Section. This section requires that the site plan include materials necessary to demonstrate that the approval of the site plan will be in harmony with the general intent and purpose of the Pelican Bay PUD, will not be injurious to the neighborhood or adjoining properties or otherwise detrimental to the public welfare. Planning Staff may require materials such as plans showing the proposed placement of structures on property; provision for ingress and egress; parking and loading areas; plans for screening and buffering; proposed utilities hook-up locations; refuse and service areas; and required yards and open spaces. A variance would only be required under Section 2.7.5 of the LDC if a building did not qualify as a clustered building or have a common architectural theme, or otherwise did not meet the distance requirements of Section 7.04.03, Paragraphs A and B. None of those facts are considered to exist in the case of the referenced SDPA. In Request IV, the petitioner asks for an interpretation as to when the Pelican Bay Service Division is required to review and approve a Site Development Plan, must there be formal action by the Board of the Pelican Bay Services Division or does the Administrator of the Pelican Bay Services Division have the authority to approve the Site Development Plan on behalf of the Board. Please be advised that the Collier County Land Development Code does not authorize an "approval" by the Pelican Bay Services Division of an SDP or portion of an SDP or SDPA. Instead, under LDC Division 3:3, generally, and Sections 3.3.5., 3.3.6., 3.3.7., 3.3.9., and 3.3.13, specifically, which afford approval authority to the planning (or development)services director or under Section 6.1.5., to their delegate, this person officially renders an "approval" of an SDP or SDPA. In practice, the Director's approval is based on the totality of all No. I MAR 0 9 200 recommendations from various staff reviews provided to the Director, including in this case, the recommendation of approval provided by the Pelican Bay Services Division (Division) based upon its review. The procedures, properly applicable to the Division and its corresponding review authority, appear to be set forth in the Division's Plan Review Procedure and Submittal manual. Therein, the scope of review authority is limited to water management and drainage issues in Section IV. D. and afforded to the Division .by Section III,. A. 1. within the developments subject to review of the Division. There is nothing which research has revealed that supports the conclusion that the "Board of the Pelican Bay Services Division" has authority to or is required to take formal action to approve an SDP or SDPA before the County's Director may do so. It is the Director's opinion that the Division Administrator has only the authority to recommend approval of those issues relating to water management and drainage and that only such an "approval" was provided to the Director who formally approved the referenced SDPA on July 21, 2001. Although not defined by either the Pelican Bay PUD or the LDC, "clustered buildings," unquestionably refers to "buildings" where individual units of permitted multi-family residential development are "clustered." The dictionary definition of a "cluster" is a number of the same sort of things gathered together. The Director's interpretation of this phrase under the then applicable facts is that in this SDP (and certain factually similar others in the Pelican Bay PUD) multi-family residential dwelling units permitted by right could be gathered or "clustered" together in one or more "Multi-family residential building[s]." As to the phrase "with a common architectural theme," the subject file is replete with multiple statements of Florida registered architects stating their expert opinions of compliance with the requirement that the clustered buildings have a "common architectural theme." Accordingly, under the interpretation of the terms of the condition stated in Sec. 7.04.03 C pertaining to "clustered buildings with a common architectural theme," and the facts applicable thereto, the distances in Sections 7.04.03 A and B, in the Director's opinion, could be reduced to those found on the approved SDP amendment. FISCAL IMPACT: None GROWTH MANAGEMENT PLAN IMPACT: It is staff's opinion that the official interpretation as rendered by the Director is consistent with the Growth Management Plan. RECOMMENDATION: That the official interpretation, INTP-2003-AR-4306 by the Director of the' Department of Zoning and Land Development Review concerning an interpretation of the cited provisions of the Pelican Bay PUD and the Collier County Land Development Code be upheld. PREPARED BY: Department of Zoning and Land Development Review Date APPROVED BY: // /~dministrator, Comm. Dev. & Env. Services Division EJate/ 7 NAR 0 9200~ Exhibit No. 1 The projects below have been submitted and reviewed in accordance with the Pelican Bay PUD in accordance with Section 7.04.03 which allows for a reduction in setbacks. 1. Bay Colony (Toscana) Building Height: 200'; Required Setback: 100'; Provided Setback: 70' 2. Bay Colony (Biltmore) Building Height: 200'; Required Setback: 100'; Provided Setback: 65' 3. Bay Colony (Trieste) Building Height: 200'; Required Setback: 100'; Provided Setback! 83' 4. Contessa: Conforms to Section 7.04.03 (A & B) 5. The Carlysle: Building Height: 200'; Required Setback: 100'; Provided Setback: 75' 6. The Brighton: Conforms with Section 7.04.03 (A & B) 7. Windsor: Building Height: 200'; Required Setback: 100'; Provided Setback: 42' 8. The Remington: Building Height: 200'; Required Setback: 100'; Provided Setback: 27' 9. Salerno: Building Height: 200'; Required Setback: 100'; Provided Setback: 75' 10. Marquesa: Building Height: 200'; Required Setback: 100'; Provided Setback: 72' 11. Montereno: Conforms with Section 7.04.03 (A & B) 12. Claridge: Conforms with Section 7.04.03 (A & B) 13. Marbella: Building Height: 200'; Required Setback: 100'; Provided Setback: 95' 14. Corondo: Building Height: 200'; Required Setback: 100'; Provided Setback: 85' 15. St. Pierre: Building Height: 200'; Required Setback: 100'; Provided Setback: 50' 16. Cap Ferrat: Building Height: 200'; Required Setback: 100'; Provided Setback: 50' AC~r..NOA ITEM 0 9 200 Pg'. Copy of Section 2.6.27. of the Collier County Land Development Code (Cluster Development) as referenced in applicant's request for appeal MAR 0 9 200~ § 2.6.26.1.2 COLLIER COUNTY LAND DEVELOPMENT CODE 2.6.26.2. 2.6.26.2.1. 2.6.26.2.2~ 6. Landscaping requirements. As in division 2.4. Other care housing facilities. All other care housing environments as defined in this Code, including but not limited to care units, assisted living units, continuing care retirement communities, nursing homes, and dwelling units that are part of an aging-in-pace living environment shall adhere to the following standards in addition to those established by the underlying zoning district. Maximum floor area rat/o. The maximum floor areg ratio shall not exceed a factor of 0.45 (0.45 times the area of the property equals the gross floor area). Additional submittal requirements: In addition to the required SDP or condi- tional use submittal requirements of this Code, developments containing independent housing units providing an assisted living and nursing care component must be graphically represented as part of the conditional use and/or site development plan application. This graphic representation shall depict all common areas as well as a typical independent housing unit and shall include dimensions and square footage of each component. Additionally, ratio of independent units to assisted units, and the number of skilled nursing beds shall be indicated. The application shall include a statement of available assistance with "activities of daffy living," including but not limited to ambulation, grooming, feeding, financial management, medicine management, and so on. 2.6.26.2.3. Maximum height. The maximum height shall be the same as the underlying zoning district except as otherwise modified through the conditional use process for residentially zoned districts. 2.6.26.2.4. Special setback requirements. No structure shall be erected withio 20 feet of any abutting lot or parcel which is zoned residential, nor within_ 25 feet of a road right-of-way. 2.6.26.2.5. Parking required. (i) Independent living units. One per dwelling unit. (ii) Assisted living units. 0.75 per assisted unit. (iii)Nursing care units. ~o parl~ing spaces per t~ve beds. (Ord. No. 97-26, § 3.D, 6-4-97) Sec. 2.6 ~-?. Cluster development. ~2.6.27.1. Purpose and intent. The purpose of cluster development is to provide a unique and innovative alternative to the conventional residential development in the RSF I through 6, RMF-6, PUD and VR districts by creating a more varied, efficient, attractive, and economical residential development containing a more Supp. No. 6 LDC2:198 MAR 0 9 '200 , Pa .,., ZONING § 2.6.27.4.4 2.6.27.2. 2.6.27.3. 2.6.27.4. 2.6.27.4.1. 2.6.27.4.2. 2.6.27.4.3. 2.6.27.4.4. usable pattern of open space. It is intended to implement the growth manage- ment plan by, among other things, encouraging compact urban growth, dis. courR~ng urban sprawl, and encouraging the conservation of environmental Applicability. This section shnl) apply to all parcels of land under single own- ership within the RSF ! through 6, RMF-6, VR and PUD zoning districts which permit cluster development. Condition~ use application. The conditional use application for cluster devel- opment shall be supplemented with a conditional use conceptual plan which shall at a mlnlml~n depict the followin~ 1. The overall development plan of the site showin~ individual lots and their ~luare footage; setback and yard relationships; buildings and their square footage; right~of-way; parking areas; mounts and location of common open space intended for recreation or public use; and natural features such as, but not limited to, stream beds, significant stands of trees and wetlands. The development plan shall, in addition, state and acknowledge that all re~dRtions and requirements of the zoning district in which the proposed cluster development is located, except as modified by the application of thi~ section to the development plan, have been complied with. 2. A description of the means by which the common open space will be mAint~ir~ed. The availability and provision of central water and sewage facilities to service the site. Additional information as may be required by the development services director to insure compatibility of the proposed cluster development with the regulations and intent of this section. Clustering standards. Conditional uses approved for cluster development may reduce the lot area, lot width, and yard requirements within a zoning district, subject to the criteria enumerated in this section. The lot area, lot width, coverage, and yard regulations of the residential zoning district in which the duster development is located shall be used as the basis for all computations of allowed reductions. The.following reductions in lot area, lot width, coverage and yard regulations of the underlying zoning district shall be permissible pursuant to the grant of a conditional use for cluster development. Maximum density. The maximum allowable gross density in any cluster de- velopment shall not exceed the maximum allowable gross density of the resi- dential zoning district in which the cluster housing development is located. Minimum lot areo~ The minimum lot area in any cluster development may be reduced to no less than 3,000 square feet for each single-family dwelling unit. Minimum lot width. The mln~mum lot width in any cluster development may be reduced to not less than 40 feet, except in the case of lots on culs~le-sac where the minimum frontage may be reduced to 20 feet. Minimum yards. The front, side and rear yards may be reduced as follo~ LDC2:199 MAR 0 9 200/ § 2.6.27.4.4 COLLIER COUNTY LAND DEVELOPMENT CODE 2.6.27.4.5. Front yard.' Twenty feet for homes with front entry garages, ten feet for homes with side entry garages. S/de yards: Zero feet or a mlnlmRIn of five feet on either side except that where the zero feet yard option is utilized the remaining side shall be ten feet. Rearyard: Ten feet for prinelpal structures, three feet for accessory structures. In addition, the following requirements apply to zero lot line single-family detached housing projects: 1. The zero lot line portion of the dwelling unit shall be void of doors or windows where such wall is contiguous to an adjoining lot line. 2. Where the nature of the construction of a residence has provided for zero side yard, footings and roof overhang encroschments may be permitted onto the adjoioln~ lot. A roof drainage system shall be put in place to prevent roof drainage from fsllln..~ onto the abutting property adjacent the walls of the residence with the zero side yard tolerance. Furthermore, provision shsll be r-_~ae for a three-foot easement on the abutting prop- erty, [which] shall be recorded running with the land with the residence enjoying the zero lot side yard, for maintenance purposes. 3. Roof overhangs sh~ll be prohibited over adjacent property lines unless a recorded reaa-lctive covenant creating the requisite easement interest for encroaciunent, m~intenance and repair of the building overhang is an element of the project. Common open space. 1. All reductions in the minimum lot area, lot width and yard requirements below that which would otherwise be required within the district in which the duster development is located shall be required to provide an equal amount of common open space within the same phase and general area of each cluster of homes in the development unless said cluster development is part of a planned unit development where the open space requirements of this code have been satisfied. 2. Common open space shall be reserved for recreational uses. 3. Any commercial uses recreational facility subject to membership, regis- tration, fees, or aimed, at attracting outside users, shall not be counted as common open space. The' sale, lease, or other disposition of common open space shall be pro- hibited except to a nonprofit corporation or homeowners' association or other similar entity established under the laws of Florida to administer and maintain the facilities subject to a deed restriction acceptable to the county to limit the use of said property to common open space. Provisions shall be included to assure the continued maintenance of the common open space area. Access rights to common open space for all residents within the cluster housing development shall be guaranteed. Land utilized for common open space shall be restricted to common open space in perpetuity by appropriate legal instruments satisfactory to LDC2:200 MAR09200 /Z ZONING § 2.6.28.1 Her County. Such instrument shall be binding upon the owner, developer, his successors, and assigns, and shall constitute a covenant running with the land, and be in recordable form. 2.6.27.4.6. Additional reduction to development standards for common architectural theme projects. Additional reduction to the development standards provided at sections 2.6.27.4.2, 2.6.27.4.3, 2.6.27.4.4 and 2.6.27.4.5 may be approved by the Collier County plavning commission for projects defined as common architec- tural theme projects. In determining whether or not a project qualifies as a common architectural theme project the board of commissioners shall deter- mine that all of the following design features are incorporated into the project: 1. The architectural style of the dwelling units/structures shall be similar in design and in the use of materials and color. 2. The residential project shall have a signature entranceway which serves to identify the development as having a common architectural theme. The entranceway design and improvement elements shall include some or all of the following: the use of landscape materials, gated structure, water features, sculpture and ornamental pavement surfaces. 3. Street materials, signage, [and] lighting shall be complementary and the same throughout the project's accessways. (Ord. No. 92-73, § 2) Sec. 2.6.28. Automobile service stations. The following regulations apply to the location, layout, drainage, operation, fencing, landscap- ing, parking, architectural features, and permitted sales and service activities of automobile service stations which include convenience grocery stores selling motor fuels: Purpose and intent. The purpose of this section is to ensure that automobile service stations do not adversely impact adjacent land uses, especially residential land uses. The high levels of traffic, glare, and intensity of use associated with service stations, particularly those open 24 hours, may be incompatible with surrounding uses, especially residential uses. Therefore, in the interest of protecting the health, safety and general welfare of the public, the following regulations shall apply to the location, layout, drainage, operation, landscaping, parking and permitted sales and service activities of automobile service stations: 2.6.28.1. Supp. No. 8 Locational and site standards. All automobile service stations shall meet the following criteria: 1. Minimum frontage: An automobile service station shall not be located on a lot with less than 150 feet of fxontage on a vehicular right-of-way. 2. Minimum depth: 180 feet. 3. Minimum lot or parcel area: 30,000 square feet. LDC2:20! 0 9 200 Copy of Official Interpretation INTP-2003-AR-4306 AGENDA ~TEMz~ September 29, 2003 Michael J. Volpe, Esquire Robins, Kaplan, Miller & Ciresi L.L.P. 711 Fifth Avenue South, Suite 201 Naples, FL 34102-7070 RE: INTP-2003-AR-4306 Request for official interpretation pertaining to various provisions of the Pelican Bay PUD, as amended, relative to the approval of SDPA- 2001-AR-412, Waterpark Place at Pelican Bay (Cap 'd Antibes). Dear Mr. Volpe: Pursuant to Land Development Code (LDC) Division 1.6, you have asked the Planning Services Director to render an official interpretation for four (4) separate requests pertaining to various provisions of Pelican Bay PUD Ordinance No. 77-18, as amended by Ordinance No. 89-53 (Pelican Bay PUD)(subsequent amendments to this PUD are not relevant to this Interpretation) and other provisions of the LDC. In Request I, you asked whether or not the provisions of Section 7.04.03 of the Pelican Bay PUD apply to each separately platted tract. And, assuming the provisions of Section 7.04.03 are applicable to these separately platted tracts, do the provisions of Section 7.04.03permit the Collier County Staff to administratively reduce the minimum yard requirements from the tract line between Tracts C and D to zero and/or allow the construction of a principal structure across this tract line. It is my opinion that because Section 7.04.03 of the Pelican Bay PUD specifically states that minimum yards may be measured from tract or development parcel lines (notwithstanding any approval of smaller dimensional standards), the proper application of the minimum yard requirements of this section is dependent upon how the platted tracts are proposed and approved to be developed. From my review of the County's records, including the application, plans, and aerial photographs of the referenced and surrounding developments, it is my determination that the site development plan amendment (SDPA) that was submitted for Cap 'd Antibes included only Tracts C and D of the plat of Waterpark Place at Pelican Bay, recorded at Plat Book (PB) 19, Pages 18-21. The overall development "parcel" for the original site development plan (SDP 90-261), however, included other lands (e.g., Tracts A & B), which when considered together constitute a single development parcel. This land was previously platted as Parcel B of the Pelican Bay Unit Fifteen plat, recorded at PB 18, Pages 5-14. Because the "development parcel" in question is established by the boundary of th SDP, notwithstanding the amendment thereto pertaining to, and including only, Tracts is my determination that the point from which the minimum yard requirements set forl ori~mll~OA Frr~/~ ' C &~, it /~ · in Para- MAR 0 9 200 / 3? Mr. Michael Volpe Page 2 INTP-2003-AR-4306 graph A of Section 7.04.03., of the Pelican Bay PUD is to be measured from is the subject development parcel line, i.e., the boundary of SDP 90-261. Additionally, the boundary of SDP 90-261 forms the "development parcel" within which the distances set forth in Sec. 7.04.03 B., also apply for the purpose of measuring between two principal structures and two accessory structures. Stated differently and more simply, the minimum yard requirements would apply to only a single platted tract in this [~UD in the circumstance where that platted tract boundary was also the boundary line of a proposed unified plan of development. Here, the referenced SDPA relates back to SDP 90-261 as the unified plan of development. Assuming for the sake of discussion the relevant boundary was considered to be that of Tracts C & D taken as whole, there still would be no consideration given to the boundary between the two tracts when applying Sec. 7.040.03 A., such that the proposed SDP amendment would be unaffected Based on the analysis and conclusions above, the facts you have requested to be assumed in your second question cannot be considered to be a correct basis for either the application, or interpretation, of Sec. 7.04.03. As a result, the staff action taken (for these and other reasons discussed further below), did not, and does not, require staff to "administratively reduce" to zero the yard setbacks between platted Tracts C and D. Simply stated, there is no development or parcel "boundary" between platted Tracts C and D for the purpose of applying Section 7.04.03. In Request H (i), you asked whether or not the provisions of Section 7.04.03. C. of the Pelican Bay PUD are limited to the distance between principal structures as provided in Section 7.04.0.3. B., or does this administrative authority also allow staff to vary the minimum side yard setbacks as provided in Section 7.04.03. A., with respect to adjoining properties not depicted on the Site Plan. Based on my review of Section 7.04.03 C, the word "distances" in that provision is intended to apply to either or both of the requirements set forth in Paragraphs A and B, depending on the facts which exist. Unde/' the facts presented by the referenced SDPA and SDP 90-261, both the minimum yard and separation "distances" may be reduced so long as the further condition of Paragraph C is met. It is also my opinion that the separation distance requirements of Paragraph B should be interpreted and applied to those structures contained within the subject development parcel, but not to structures on adjoining properties located on another development parcel. Similarly, the minimum yard requirements of Paragraph A apply with respect to the line between the subject development parcel and any adjacent property. Lastly, my opinion is that both the minimum yard requirements of Paragraph A and the separation distances for structures in Paragraph B may be reduced based upon the express authority afforded by the regulation in Paragraph C once the condition stated there is met. In Request H (ii), you asked if the provisions of Section 7.04.03 of the Pelican Bay PUD and the provisions of Section 2.6.27 of the Land Development Code are to be read togeth'er to require a Petitioner who requests an exception, variance and/or amendm development standards set forth in Section 7.04 to use the conditional use process t~ criteria set forth in the later Section. You then asked: if not, what are the objectiv and criteria to be used by the Planning Services Director to determine whether a satis,,_~AIl~ ~ staIl~ards 'etit~x~9 200tl Mr. Michael Volpe Page 3 INTP-2003-AR-4306 entitled to an exception, variance and/or amendment to the development standards set forth in Section 7.04.03 for "clustered buildings with a common architectural theme." Lastly you asked does any[one] aggrieved by the decision of the Planning Services Director granting or denying an exception variance or amendment to the development standards set forth in Section 7.04.03 have the right to tai~e an appeal from this decision. It is my opinion that the provisions of Section 7.04.03 of the Pelican Bay PUD and Section 2.6.27 of the LDC were never intended to be applied together. Thus, a petitioner is not required to submit a site development plan with a conditional use petition in order to reduce the minimum yard requirements pursuant to Section 7.04.03 C of the Pelican Bay PUD. The opinion above is based on the fact that LDC Section 2.6.27 is limited in its application to the clustering of single- family dwellings. Furthermore, in the subject development request and underlying site development plan only multi-family buildings are an approved use within the multi-family tracts permitted in the Group 4 areas of the PUD Master Plan. See, Section 7.03 Uses Permitted, Subsection A. Principal Uses, which under 1) lists "Multi-family residential buildings." In response to your second question, it is my opinion that the "objective standards and criteria" relied upon to approve the reduced distances to the requirements of Sub-sections 7.04.03 A & B in the referenced SDPA were the express terms of the condition stated in Sub-section 7.04.03 C. That is, for the "clustered buildings with a common architectural theme" so long as the site plan was approved in accordance with Section 2.05 of the Pelican Bay PUD. These are the circumstances that existed for, and resulted in, the approval of the referenced SDPA.' Although not a term defined by either the Pelican Bay PUD or the LDC, "clustered buildings," under the term's plain meaning and the facts applicable here, refers to buildings where individual units of multi-family residential development are "clustered." The dictionary definition of a "cluster" is a number of the same sort of things gathered together. That is exactly the circumstance in this SDP and others in the Pelican Bay PUD where multi-family residential dwelling units permitted by right are gathered or "clustered" together in one or more "Multi- family residential building." As to the phrase "with h common architectural theme," the subject file is replete with multiple statements of Florida registered architects stating their expert opinion of compliance with the "common architectural theme." Accordingly, because the terms of the condition in Sec. 7.04.03 C were met, the distances in Sections 7.04.03 A & B, in my opinion, were properly reduced without the requirement for any "exception, variance or amendment to the development standards." In fact, because the terms and condition of Sec. 7.04.03 C-were met, the "development standards" for Section 7.04.03 were met. Lastly, although not directly applicable here, based on the Interpretation rendered above and as set forth below, anyone "aggrieved by the decision of the Planning Services Director granting or denying an exception variance or amendment to the development standards set forth in Section 7.04.03" has those rights afforded by law. Based upon my review of the referenced SDPA there has been no decision made by the Planning Services Director to grant or deny an exception, variance, or amendment to the development standards set forth in Section 7.04.03. Re as this Interpretation request makes clear, any person who objects to an admi~ determination or approval may seek, as you have here on behalf of your client, an Interpretation pursuant to Division 1.6 of the LDC. Under LDC Section 1.6.6., a right Mr. Michael Volpe Page 4 INTP-2003-AR-4306 is afforded. There is also the ability to take whatever civil action an aggrieved person may be lawfully entitled. This is in fact what was done for similar issues on previous development tracts within Pelican Bay. In Request III, you asked whether under the Rules of Construction in LDC 6.1.1, are the provisions of Section 2.05 and 7.04.03of the Pelican Bay PUD and Section 2. Z$ of the LDC to be read in pari materia~ and therefore, do the more restrictive provisions of Section Z 7.5 of the LDC'control Petitioner's Petition to Amend the SDP for Waterpark Place at Pelican Bay (Cap 'd Antibes) to reduce the minimum yard and distance between structures for Group 4 Parcels within the Pelican Bay PUD. The general rule applicable to the interpretation of provisions of PUD's and the LDC is that where there are two provisions appearing to refer to the same subject, the more specific provision and an earlier adopted provision of equal specificity should control over later adopted or more general provisions. The cited Rules of Construction were not in effect at the time of the adoption of PUD Ordinance 77-18, which established Sections 2.05 and 7.04.03. The cited Rules, and the provisions of Section 2.7.5. (more or less as they now appear), did not become effective until November 13, 1991, following the adoption of Ordinance No. 91-102 which effectively created the Land Development Code. Nonetheless, LDC Section 6.1.1., also states that, "[a]ll provisions, terms, phrases and expressions contained in these regulations shall be liberally construed in order that the true intent and meaning of the board of county commissioners may be fully carried out." Here, it is my opinion that under the prior existing and more specific provisions of Section 7.04.03 C of the Pelican Bay PUD for the reduction of distances imposed for minimum yards, a property owner is not required to obtain a variance from the minimum yard and distance between structure standards pursuant to LDC Section 2.7.5. so long as the requirement of being a case where there is a clustered buildings with a common architectural theme is met. Section 7.04.03 clearly states that minimum yard and distance between structure standards for clustered buildings listed in Section 7.04.03 (Paragraphs A and B) may be less subject to a site plan approved in accordance with Section 2.05 of the PUD. It is my professional opinion that this procedure was incorporated in the Pelican Bay PUD in order to allow flexibility in determining the appropriate minimum yard and distance between structure standards based on a site plan that is approved in accordance with the requirements contained in that Section. This section requires that the site plan include materials necessary to demonstrate that the approval of the site plan will be in harmony with the general intent and purpose of the Pelican Bay PUD, will not be injurious to the neighborhood or adjoining properties or otherwise detrimental to the public welfare. Planning Staff may require materials such as plans showing the proposed placement of structures on property; provision for ingress and egress; parking and loading areas; plans for screening and buffering; proposed utilities hook-up locations; refuse and service areas; and required yards and open spaces. A variance would only be required under Section 2.7.5 of the LDC if a building did not qualify as a clustered building or have a common architectural theme, or otherwise did not meet the distance requirements of Section 7.04.03 Paragraphs A & B. None of those facts are considered to exist in the case of the referenced SDPA. Mr. Michael Volpe Page 5 INTP-2003-AR-4306 In Request IV, you have asked for an interpretation as to when the Pelican Bay Service Division is required to review and approve a Site Development Plan, must there be formal action by the Board of the Pelican Bay Services Division or does the Administrator of the Pelican Bay Services Division have the authority to approve the Site Development Plan on behalf of the Board. Please be advised that the Collier County Land Development Code does not authorize an "approval" by the Pelican Bay Services Division of an SDP or portion of an SDP or SDPA. Instead, under LDC Division 3.3, generally, and Sections 3.3.5., 3.3.6, 3.3.7., 3;3.9., and 3.3.13, specifically, which afford approval authority to the planning (or development)services director or under Section 6.1.5, to their delegate, this person officially renders an "approval" of an SDP or SDPA. In practice, the director's approval is based on the totality of all recommendations from various staff reviews provided to the director, including in this case, the recommendation of approval provided by the Pelican Bay Services Division (Division) based upon its review. The procedures properly applicable to the Division, and its corresponding review authority, appear to be set forth in the Division's Plan Revie~v Procedure and Submittal manual. Therein, the scope of review authority is limited to water management and drainage issues in Section IV. D., and afforded to the Division by Section III,. A. 1. within the developments subject to review of the Division. There is nothing which I've been pointed to or which research has revealed that supports the conclusion that the "Board of the Pelican Bay Services Division" has authority to or is required to take formal action to approve an SDP or SDPA before the County's director may do so. Based upon these procedures and regulations, it is my opinion that the Division Administrator has only the authority to recommend approval of those issues relating to water management and drainage and that only such an "approval" was provided to the director who formally approved the referenced SDPA on July 21, 2001. Pursuant to Division 1.6 of the LDC, this Official Interpretation has been sent to you via certified mail, return receipt requested. As this is a site-specific interpretation, all property owners within 300 feet of the subject property will receive mail notice and a copy of this interpretation and appeal time frames will be placed in the Naples Daily News. Within 30 days of receipt of this letter, or within 30 days of publication of the public notice, any affected property owner or aggrieved or adversely affected party may appeal the interpretation to the Board of Zoning Appeals. An affected property owner is defined as an owner of property located within 300 feet of the property lines of the land for which this interpretation has been rendered. An aggrieved or adversely affected party is defined as any person or group of persons, which will suffer an adverse effect to an interest, protected or furthered by the Collier County Growth Management Plan or the Land Development Code. A request for an appeal must be filed in writing and must state the basis for the appeal and include any pertinent information, exhibits, or other back-up information in support of the appeal. The appeal must be accompanied by a $500.00 application and processing fee. If payment is in the form of a check, it should be made out to the County Board of Commissioners. An appeal can be hand delivered or mailed to my atte the address provided. Please do not hesitate to contact me should you have any further q~ on this matter. Collier ition ~ee~-~ rr~ estio~l~s '7 / 09 2OOq Mr. Michael Volpe Page 6 INTP-2003-AR-4306 Sincerely, Susan Murray, AICP Current Planning Manager, acting as Planning Services Director Cc: Collier County Board of Commissioners James V. Mudd, County Manager Joseph K. Schmitt, Administrator, Comm. Development & Env. Srv Div. Ray Bellows, Chief Planner Marjofie M. Student, Assistant County Attorney Patrick G. White, Assistant County Attorney Alamar Similey, Permitting Supervisor AGE. NDA I'r'EM['9 HAR 0 9 200~ Applicants Request for Appeal ~AR 0 ~ 20~' COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS SITTING AS THE BOARD OF ZONING APPEALS IN THE MATTER OF: Official Interpretation SDP-2001-AR-412, Waterpark Place at Pelican Bay (Cap 'd Antibes): ADA-2003-AR-4933 SUPPLEMENT TO NOTICE OF APPEAL BY THE PELICAN BAY PROPERTY OWNER'S ASSOCIATION The PELICAN BAY PROPERTY OWNER'S ASSOCIATION, INC., (hereinafter sometimes referred to as "PBPOA" or "APPELLANT") appeals to the Board of County Commissioners of Collier County, Florida, sitting as the Board of Zoning Appeals, from the Official Interpretation of the Planning Services Director rendered September 29, 2003, pertaining to various provisions of the Pelican Bay PUD, as amended, and the Collier County Land Development Code (hereinafter "LDC") relative to the approval of SDPA-2001-AR-412 Waterpark Place at Pelican Bay (Cap d' Antibes). JURISDICTION This appeal has been filed within thirty (30) days of the receipt by the Appellant's counsel of the Official Interpretation dated September 29, 2003, and its publication in the Naples Daily News on October 12, 2003. Appellant seeks to invoke the jurisdiction of the Board of Zoning Appeals on th.~ basi~ nf Section 1.6 of the LDC which authorizes an aggrieved or affected party, that is, any pe ;on group of persons that will suffer an adverse affect to an interest protected or furthered Word 65023360.1 th~AR 0 9'200~ Collier County Gro~vth Management Plan, LDC or Building Codes, to appeal the Official Interpretation to the Board of Zoning Appeals. All of the voting members of the Appellant are mvners of or have an interest in real property that is within the Pelican Bay PUD, as amended, and subject to the Collier County Growth Management Plan and the LDC. Therefore, the PBPOA is an aggrieved or affected party within the meaning of Section 1.6.6 of the LDC. This Supplement is accompanied by an Appendix which contains various documents deemed necessary t° an understanding of the issues presented on this appeal. FACTS Waterpark Place at Pelican Bay is a re-plat of Parcel B, Pelican Bay, Unit 15 as recorded in Plat Book 18, Pages 5 through 14 of the Public Records of Collier County, Florida. A Copy of the Plat of Parcel B, Pelican Bay, Unit 15, is attached hereto as Exhibit "1." The re-plat of -Waterpark Place at Pelican Bay is recorded in Plat Book 19, Pages 19 through 21, of the Public Records of Collier County, Florida. A copy of the re-plat is attached hereto as Exhibit "2" The original site plan for Waterpark Place at Pelican Bay which was approved in 1990 consisted of four separate high-rise towers and one single unit building to be constructed on Parcel B. On or about 1994, the first twenty-two (22) story high-rise condominium consisting of 106 units knoxvn as St. Pierre was developed on an app.roximate 3.5 acre parcel of land located at the southern end of Parcel B. Subsequently, the Developer of Waterpark Plcae at Pelican Bay, petitioned the County to replat Parcel B into four (4) separate Tracts. The Replat of Parcel B was approved by the Board of County Commissioners and the Replat was recorded amongst the Public Records.. The re-plat of Waterpark Place at Pelican Bay contains four (4) separate tracts, namely: Tract A consisting of 3.5 acres; Tract B consisting of 2.44 acres; Tract C consisting of 3.55 acres; and Tract D consisting of 4.39 acres. On or about 1997, Tract B was developed with a second txventy-two (22) story high-rise condominium consisting of 106 units known as the St. Laurent. Neither Tract C nor Tract D as' depicted on the Replat and which were to be developed with similar single twenty-two (22) story high-rise condominiums, each consisting of one to be known as St. developed. Word 65023360.1 Margaux and the other to be known as St. Armands hav, yet ~, be "7_j~ In January of 2000, the Developer of Waterpark Place at Pelican Bay, Parcel "J" Joint Venture, submitted a Petition to amend the original site plan to eliminate the two separate twenty-two (22) story high-rise condominium buildings that it originally planned to develop on Tract C and Tract D and substitute in their place and Stead a single twin tower building, each tower having twenty-one (21) stories, one tower containing 72 units and the other containing 110 units,'the two towers being joined together for the first four stories by a common lobby. This new twin tower project is to be known as Cap 'd Antibes and is to be developed on both Tract C and Tract D. After reviewing the current planning checklist for this Petition to Amend the site development plan for Waterpark Place at Pelican Bay, the Planner who was assigned to review the Petition rejected it and requested the Developer to provide justification for its request to reduce the minimum yard requirement along the northerly boundary of Tract D from 100 feet to 50 feet and the reduction of the distance between the existing St. Laurent condominium building and the proposed Cap 'd Antibes building from 200 feet to 150 feet. In response to this request to reduce the minimum yards and distances between the principal structures depicted on the amended site plan, the Developer submitted identical letters, all of them dated November 29, 1999, from three different architects, each of whom stated with respect to the Waterpark at Pelican Bay Project the architectural style of the proposed Cap 'd Antibes is similar in design and use of materials and colors; the project has a signature entrance way that includes a gated structure, landscaping, signage and ornamental pavement surfaces; and the street materials, signage and lighting shall be/are architecturally complimentary and the same throughout the project access ways. Following receipt of the written opinions from the architects engaged by the Developer, the reviewing Planner, by letter dated February 14, 2000, notified the Developer the conceptual site development plan for Waterpark Towers illustrating a separation of 150 feet from the St. Laurent Tower was approved. No approval, however, was given for the reduction of the minimum yard requirements along the northerly boundary of Tract D from 100 feet to 50 feet. A copy of the Letter of Approval is attached hereto as Exhibit "3." Thereafter, on or about February 12, 2001, the Developer submitted the signed and sealed set of th plans for the amendment to the Final Site Development Plan. Upon receipt of thes plans, the Staff reviewers requested the Developer to provide additional materials rel~ Word 65023360.1 request to utilize the building setback reduction for buildings with a common architectural theme. An inspection of the Public Records made available to the Pelican Bay Property O~vner's Association does not reveal what additional materials, if any, was submitted by the Developer in response to this request. By letter dated April 4, 2001, the Planning Services Director notified the Developer that based upon the information submitted and the consistent use of the common "architectural theme" provision set forth in the Pelican Bay PUD, in his opinion, the Developer could reduce the required separation between the existing St. Laurent condominium building and the proposed Cap 'd Antibes, to a minimum distance of 150 feet and the fifty (50) foot side yard setback on the north property line was acceptable. Where applicable, the Director requested the Developer to submit evidence the site plan had been reviewed and approved by the Pelican Bay Improvement District A copy of the April 4, 2001, letter is attached as Exhibit "4." By letter dated the 18th day of July, 2001, the Division Administrator of the Pelican Bay Services Division administratively approved the Amended Site Plan. A copy of this letter is attached hereto as Exhibit "5." The Amended Site Plan, hoxvever, was not reviewed by the members of the Advisory Board of the Pelican Bay Services Division and there has never been any official Board action approving or disapproving the plan. On July 20, 2001, the Developer received final approval for the Amendment to the original site development plan for Waterpark Place at Pelican Bay to alloxv for the construction of the single twin tower building to be known as Cap 'd Antibes, xvith a separation of 150 feet from the St. Laurent Tower and a fifty (50) foot setback aIong the northerly property line of Tract D. Although this approval was to expire on July 30, 2003, on February 12, 2002, only seven (7) months after receiving its approval, the Developer applied for and obtained a one (I) year extension of the approval of the Amended Site Plan. This time extension until July 20, 2004, is subject to Developer meeting all revisions to the Land Development Code during this time frame. A copy of the letter granting the extension is attached hereto as Exhibit "6". On the basis of the foregoing facts and, pursuant to Section 1.6 of the LDC, A submitted a Request to the Director of Planning Services for Collier County, Florida Word 65023360.1 4 AO~r..NDA ITEM 1 interpretation pertaining to .v, arious provisions of the Pelican Bay PUD, as amended, and the Collier County LDC relative to the approval of SDP-2001-AR-412 Waterpark Place at Pelican Bay (Cap 'd Antibes). A copy of the Appellant's Request for an Official Interpretation is attached hereto as Exhibit "7." In response to the Appellant's submittal, on September 29, 2003, the Planning Services Director forwarded to the counsel for the Pelican Bay Property Owner's Association her Official Interpretation. A copy of the Planning Services Director's Official Interpretation is attached hereto as Exhibit "8." In the Official Interpretation, the Planning Services Director opined as follows: 1. The minimum yard regulations set forth in Section 7.04.03 of the Pelican Bay PUD are to be measured from the boundaries of the original plat of Parcel B, Pelican Bay, Unit 15, since these xvere the boundary lines at the time of the approval of the original SDP; The provisions of Section 7.04.03 of the Pelican Bay PUD that provide for reduction of the minimum yard requirements in the case of "cluster buildings" where they have a common architectural theme and the provisions of Section 2.6.27 of the LDC xvith respect to "cluster developments" are not to be read in pari materia and, therefore, the conditional use procedures set forth in the LDC did not have to be complied ~vith by the Developer; o Word 65023360.1 The Amendment to the Site Development Plan for Waterpark Place at Pelican Bay to combine the previously approved two stand alone towers into a single building connected at the ground level by a four-story lobby employed a common architectural theme when compared to the two existing high-rise buildings to the south namely; St. Pierre and St. Laurent and, therefore, the Planning Services Director could administratively vary the minimum yard requirements set forth in Section the Pelican Bay PUD; and MAR 0 9 The Manager of the Pelican Bay Service Division was not required to submit the Amendment to the Site Development Plan for Cap d' Antibes to the Advisory Board of the Division, but rather had the authority to administratively approve the plan xvith respect to water management and drainage issues on behalf of the Board. STANDARD OF REVIEW The Standard of Review guiding the Board of County Commissioners sitting as the Board of Zoning Appeals in its review of the Official Interpretation of the Planning Services Director is whether the determination by the Planning Services Director is supported by substantial competent evidence or contrary to the Growth Management Plan, Future Land Use Map, LDC and the Official Zoning Atlas. The Board's finding in this regard is to be made following an advertised public hearing at which public testimony is heard, in light of the Growth Management Plan, Future Land Use Map, LDC, Zoning Atlas and/or related matters. BACKGROUND The Land Development Code is intended to preserve, promote, protect and improve the public health, safety, comfort, good order, appearance, convenience and general welfare of Collier County and to maintain through orderly growth and development, the character and stability of the present and future land uses within the County. The purpose and intent of the LDC is to establish standards, regulations of procedures for review and approval of all proposed development of property in the County and to provide a development review process that is comprehensive, consistent and efficient, in the implementation of the goals, objectives and policies of the County's Growth Management Plan. In order to foster and preserve public health, safety, comfort and welfare and to aid in the harmonious, orderly and progressive developmer / County, the LDC intends for the development process in the County to be effit effective and equitable in terms of the consistency with established regulation/ Word 65023360.1 · c~te th~ ient~. '~ /~--)i~. iI procedures, respect for the rights of property o~vners and the consideration of the interests of the citizens of Collier County. In adopting the LDC, the Board of County Commissioners has deemed to be in the best interest of the public for all property and development in the County to be conceived, designed, built and used in accordance ~vith good planning and design practices and the minimum standards set forth in the LDC. The provisions of the LDC apply to all land and development within the County and no land or building can be developed except in conformity ~vith the LDC and the Zoning District in which the land or building is located. The Collier County's Growth Management Plan, Zoning, Subdivision or other applicable regulations, as they may be amended from time to time, are applicable to the Pelican PUD unless they have been specifically modified by the PUD. RELIEF Appellant seeks a rejection of the September 29, 2003, Official Interpretation of the Planning Services Director with respect to the approval of SDPA-2001-AR-412, Waterpark Place at Pelican Bay (Cap 'd Antibes) and a direction to the Staff to review the Petition to Amend the original Site Development Plan for Waterpark Place at Pelican Bay in accordance with Sections 2.05 and 7.03.04 of the Pelican Bay PUD and Section 2.6.27 of the Land Development Code ARGUMENT The September 29, 2003 Official Interpretation of the Planning Services Director ~vith respect the approval of SDPA-2001-AR-412 Waterpark Place at Pelican Bay (Cap 'd Antibes) is contrary to the Pelican Bay PUD Growth Management Plan and Land Development Code and not supported by substantial competent evidence. Word 65023360. I 7 POINT I The minimum yard regulations are to be measured from the boundary line of each separate tract as shown on the Replat of Parcel B, Unit 15, as recorded in Plat Book 19 Pages 19 through 21 of the Public Records of Collier County, Florida (Waterpark Place at Pelican Bay) and not the Plat of Parcel B recorded in Plat Book 18, Pages 1 through 13 of the Public Records of Collier County, Florida. The Replat of Waterpark Place at Pelican Bay contains four (4) separate tracts, namely: Tract A consisting of 3.5 acres; Tract B consisting of 2.44 acres; Tract C consisting of 3.55 acres and Tract D consisting of 4.39 acres. Each of these separately platted tracts has a different street address, property identification number and is separately assessed by the Property Appraiser's Office. (See Exhibit "9" attached hereto and made a part hereof) In 1994, the land now comprising Tract A as depicted on the Replat was submitted to the condominium form of oxvnership and was developed with a twenty-two (22) story high-rise condominium consisting of 106 units knoxvn as St. Pierre. Each of the 106 dwelling units of the St. Pierre Condominium has been sold to an end user and the common areas of the condominium have been deeded to the condominium association. The St. Pierre Declaration of Condominium contains the Plat of Parcel B of Pelican Bay recorded in Plat Book 18, Pages 5 through 14, inclusive, and the legal description of the lands being submitted to the condominium form of ownership by the Declaration is a metes and bounds description of a portion of Parcel B. A copy of the relevant portions of the Declaration of Condominium of St. Pierre are attached hereto as Exhibit "10." In 1994, the land comprising Tract B as depicted on the Replat also was submitted to the condominium form of ownership and was developed with a twenty-two (22) story high-rise condominium building consisting of 106 units known as the St. Laurer of the 106 dwelling units of the St. Laurent has been sold to end users and the cc areas have been deeded to the condominium association. Word 65023360.1 In the case of the St. Laurent, however, the Declaration of Condominium contains the Replat of Winterpark Place at Pelican Bay recorded in Plat Book 19, Pages 19 through 21, and the legal description of the land submitted to the condominium form of ownership coincides with the boundaries of Tract B on the Replat. A copy of the relevant portions of the Declaration of Condominium for St. Laurent is attached hereto as Exhibit "11." Since the Developer applied for an obtained a Replat of Parcel B to create four (4) separate platted tracts after the approval of the original Site Plan and after the submission of a portion of Parcel B to the condominium form of ownership and then used the Replat to submit the separately platted Tract B to the condominium form of ownership, it is submitted the Planning Services Director erred in opining that, since the original Site Development Plan for Waterpark Place at Pelican Bay used the plat of Parcel B of Unit 15 as recorded in Plat Book 18, Pages 5 through 14, this plat established the boundary lines for the purpose of measuring the minimum yards set forth in Section 7.03.04 of the Pelican Bay PUD for all future construction on Parcel B. Section 7.04.03 of the Pelican Bay PUD, specifically provides minimum yards are to be measured from tract or development parcel lines, right-of-xvay lines and/or edge of the gutter of a private road. Section 2.15 of the Pelican Bay PUD provides that all definitions not contained in the PUD, shall be contained in the LDC. The LDC defines "tract" as follows: Word 65023360. I An area of land, public or private, occupied or intended to be occupied by or for a lmvfid purpose, including a street, crosswalk, railroad, electric transmission linq, oil or gas pipeline, storm drainage way, water main, sanitary storm s~ ,ver canal, lan&cape buffer or for similar use. The term "tract" when use i f° Ml 5'9 200 planning purposes means an area separate and distinct from platted lots or parcels and not included within the dimensions or areas of such lots or parcels. The Plat of Parcel B of Pelican Bay contained only a single parcel of land. The Replat of Parcel B, however, resulted in the subdivision of this single parcel into four (4) separately platted tracts, lots or parcels of land. Two of these four (4) separately platted tracts, lots or parcels of land already have been developed with a single high-rise condominium building and, in each instance, the measurements for the minimum yards were made from the boundary lines of the separately platted tract, lot or parcel, in compliance with the provisions of Section 7.04.03(A) and 03). Consequently, since it appears the tract lines of Tracts A and B as depicted on the Replat of Waterpark Place at Pelican Bay were used to measure the minimum yard requirements for the condominium buildings constructed on these separate tracts, it is submitted the tract lines for the remaining two tracts, that is, Tracts C and D should be used to measure the minimum yards for any future buildings to be constructed on these tracts, instead of the boundary lines of barcel B as depicted on the original Plat. The Director of Planning Services, however, has opined the "development parcel lines" rather than "tract lines" should be used and since the original Site Development Plan used the Plat of Parcel B, the boundary lines of Parcel B established the "development parcel" for the purpose of measuring minimum yards. It is submitted the Planning Services Director's interpretation in this regard is contrary to law. Neither the LDC nor the Pelican Bay PUD define the term "development parcel." The Florida Statutes define the term "development" as Word 65023360. the carrying out of any building activity or mining operation, the making of any material change in use or appearance of any structure of land, or the dividing of land into three or more parcels. 0 9- 200 The LDC defines "parcel" or "parcel of land" as a "lot." Lot is defined as a "lot of record" and a "lot of record" is defined, in pertinent part, as follows: A lot which is part ora subdivision recorded in the Public Records of Collier County, Florida, or a lot, parcel or the least fractional unit of land or water under common ownership which has limited fixed boundaries described by metes and bounds or other specific legal description, the description of which has been so recorded in the Public Records of Collier County, Florida. A "plat" is defined as: A map depicting the division or subdivision of land into lots, blocks, parcels, tracts or other portions thereof, however, the same may be designated prepared in accordance with the provisions of the £DC and those of any applicable lmv which shall be recorded. At the time the original Site Plan for Waterpark Place at Pelican Bay ~vas approved and at the time the St. Pierre Condominium was developed, there was only one (1) lot of record known as "Parcel B." Since Parcel B ~vas the only development parcel, the minimum yards for St. Pierre were measured from the boundary lines of this Parcel B. Subsequent to the approval of the original Site Development Plan for Waterpark Place, however, the Developer caused Parcel B to be replatted into four (4) separate parcels, separate metes and bounds legal descriptions were developed for each of these platted parcels; and the Property Appraiser assigned a separate Property Identification Number to each parcel. Since the Replat of Parcel B constituted a subdivision of Parcel B, each of these new parcels now could be sold by the Developer to a third party purchaser. Shortly after the Replat of Parcel B was recorded amongst the Public Records of Collier County, the Developer caused the lands comprising Tract B to be submitted to the condo nininrll form of ownership and proceeded to develop on Tract B with the txventy-two (21 sto~. '/ ~) condominium building known as St. Laurent. It appears the minimum yards MA, 0 9 200 Word 65023360.1 11 requirements for the St. Laurent were established using the boundary lines of Tract B and not the boundary lines of the original Parcel B. Since the Developer subdivided Parcel B by causing it to be replatted into four (4) separate tracts Or parcels; developed separate metes and bounds descriptions for Tracts A and B on the Replat; submitted both Tracts A and B to the condominium form of ownership; and used the parcel lines of these newly created tracts to develop the St. Laurent on Tract B, it is submitted the "development parcel" for measuring minimum yards was no longer Parcel B as shown on the original Plat but rather, became the four (4) separate tracts created by the Replat. Each of these tracts became a separate "development parcel" and the boundary lines of each of these newly created development parcels are to be used in measuring the minimum yards for all future development on the two remaining undeveloped parcels, that is, Tracts C and D. The continuing use of the Parcel B as the "development parcel" for Waterpark Place simply because it was used by the Developer at the time it submitted its original Site Development Plan completely ignores the effect of the Developer's decision to Replat Parcel B to divide and develop this parcel into three or more parcels. The Planning Services Director's opinion that Parcel B and not the four (4) separate tracts-of Parcel B created by the Replat constitutes the "development parcel" also is contrary to and in conflict with the definition "development parcel" contained in the Pelican Bay PUD and the LDC. POINT II The provisions of the Pelican Bay PUD with respect to cluster buildings with a common architectural theme and the provisions of the LDC with respect to cluster development are to be read/__n pari materia and the more restrictive procedures set forth in the LDC must be satisfied in order obtain a reduction in the minimum yard requirements set forth in the Pelican Bay PUD. It is be construed together even if they were enacted or adopted at different times. Nei the Pelican Bay PUD nor the LDC defines "cluster buildings"; however, the LDC Word 65023360.1 an established rule of construction, that legislation on the same subject is to her AGENDA I_TF--M2 .o. r7 l: oes MAR 0 9 200 12 contain a definition for "cluster development." Specifically, Section 6.3 defines "cluster development" as follows: A design technique allowed within residential districts by conditional use. The form of development employs a more compact arrangement of dwelling units by allowing for reductions in the standard lot requirements of the applicable zoning district with the difference between the reduced lot size and standard lot requirement being placed in common open space.[Emphasis Added) The provisions of the LDC with respect to cluster developments are specifically made applicable to RSF1 through RSF6; RMF 6, PUD and VR Zoning Districts. The Planning Services Director opines the provision of the Pelican Bay PUD with respect to "cluster buildings" and the provisions of the LDC with respect to "cluster development" were never intended to be read together since the provisions of the LDC are limited in their application to the clustering of single family dwellings and further since the classification for the separate tracts or parcels comprising Waterpark Place at Pelican Bay under the Pelican Bay PUD, namely, Group 4, permits only multi-family buildings. Contrary to the opinion of the Planning Services Director, the principal permitted uses for tracts or parcels of land within the Group 4 areas of the Pelican Bay PUD include both multi-family buildings and single family units as individual structures or as combinations up to and including six (6) single family attached units per structure. Such unit types as single family attached, duplex, patio, cluster attached, cluster detached, villa attached, villa detached and zero lot lines are permitted in Group 4 areas. Furthermore, the provisions of the LDC with respect to cluster developments are not limited to single family zoning districts but also apply to the multi-family and PUD's Zoning Districts. Consequently, the conclusion of the Planning Services Director that the provisions of LDC with respect to cluster development and the provisions of the Pelican Bay PUD should not be read together clearly is based upon an erroneous premise. Indeed, sinc< 13 Word 65023360.1 AC-~A ITEI~ th~AR 0 ~ Pelican Bay PUD does not set forth specific standards or criteria with respect to clustering of buildings or common architectural theme, in evaluating the request of the Developer for a reduction in the minimum yard requirements based upon cluster buildings with a common architectural theme, by its own admission, the County Staff used the architectural theme and design criteria set forth in.the LDC. (See Exhibit "12" attached heret~ and made a part hereof) At the time of the adoption of the Pelican Bay PUD both the County and the original developer of Pelican Bay recognized that since the long range development plan permitted by the PUD would not be complete for a period of twenty eight (28) to thirty four (34) years, there would be changes in planning techniques, engineering techniques and transportation methods that would warrant amendments to the PUD to meet the standards of the time. Accordingly, Section 2.3 of the Pelican Bay PUD, specifically provides that all requests for exceptions, variances and amendments must conform with the procedures existing at the time of the application for the exception or amendment. Furthermore, the rules of construction set forth in the LDC require all provisions, terms, phrases and expressions contained in the LDC to be liberally construed in order for the true intent and meaning of the Board of County Commissioners may be fully carried out. The general rules of construction set forth in Section 6.1.1 of the LDC provide, in pertinent part, as follows: Word 65023360.1 In the interpretation and application of any provision of[ the LDC] it should be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. B/here any provision of the LDC, the Growth Management Plan or any other law or regulation in effect in Collier County, Florida, imposes greater restrictions upon the subject matter than any other provision of the LDC, the Growth Management Plan or the other lmv or regulation in effect in Collier County, Florida, the provision imposing the restriction or regulation shall be deemed to be controlling. 14 .... XGENDA ITEM~...~ MAR 0 9 200~ The provisions of the LDC with respect to cluster development which in effect alloxv for a Property Owner to obtain a variance of, or an exception to, the development regulations required by the zoning district in which the property is located are intended to establish a uniform form of procedure and set forth specific objectives, standards and criteria that must be met in order to obtain the grant of such variance or exception. In this instance there was no public hearing process and, the conclusion of the Planning Staff that the two existing condominium buildings and the proposed twin tower building to be kno~vn as Cap 'd Antibes presented a common architectural theme was based solely upon the written opinions of three separate architects all of whom were engaged by the Developer to provide the County with their opinion to support the Developer's assertion with respect to a common architectural theme. The County Staff did not seek or obtain any independent expert opinion to support its determination with respect to a "common architectural them." Furthermore, the clustering approved by the staff did not result in more open space but rather, significantly reduced the amount of open space within Waterpark at Pelican Bay. The primary purpose, if not the only purpose for allo~ving "clustering of buildings" and/or "cluster development" is to provide a more efficient design of infrastructure and to provide usable open space for the residents. Here, the clustering permitted by the Amended Site Development Plan for Waterpark Place at Pelican Bay neither allows for a more efficient design of infrastructure nor results in additional usable open space. Rather, it provides for a reduction in usable open space in order to allow the Developer to be able to build larger condominium units and provide the purchasers of these larger units with improved vistas from their individual units with a reduction in the usable open space. On the basis of the foregoing, it is submitted the Planning Services Director erred in concluding the "cluster building" provision of the Pelican Bay PUD and the "cluster development" provision of the LDC should not be read together, particularly since both of these provisions apply to single-family buildings and multi-family buildings and further since the County Staff did, in fact, use the standards and criteria of the arriving at its conclusion with respect to a "common architectural theme." MAR 09 200q 15 Word 65023360.1 POINT III The Amendment to the Site Development Plan for Waterpark Place at Pelican Bay (Cap d' Antibes) is not in harmony with the Pelican Bay PUD, is injurious to the neighborhood, the adjoining property and is otherwise detrimental to the public welfare. The original site plan for Waterpark Place at Pelican Bay depicted four separate high-rise buildings and one single unit building. Each of the single high-rise buildings was similar in height (22 stories); number of units (106); width in feet (215); area in square feet (12,825); and volume in cubic feet (2,565,000). In 1990, when the Developer submitted the original site development plan, it must be presumed it provided the Staff xvith the materials required by Section 2.05 as well as any additional materials the Staff, at that time, felt was necessary in order to demonstrate to its satisfaction, the approval of this Site Plan would be in harmony with the general intent of the Pelican Bay PUD; xvould not be injurious to the neighborhood or adjoining properties; or otherwise detrimental to the public welfare. At the time of the submission of the Petition for approval of the original Site Development Plan there was no development on either side of Parcel B; the Philharmonic Center for the Performing Arts, Waterside Shops, Ritz Carlton and the Registry Resort had just been completed; there were very few high rise condominium buildings along Pelican Bay Boulevard; and the development of exclusive areas of Bay Colony and the Strand had not yet commenced. It was over ten (10) years between the time the Developer sought approval of the original Site Plan for Waterpark Place at Pelican Bay and the time it sought approval of an Amendment to this Site Development Plan. In this intervening ten (10) year period, substantial new development occurred within the Pelican Bay Community. The number of households in the community increased from approximately 1,583 to 3,891, fo -a ~,GtNOA~ growth rate of over one hundred and forty (140%) percent. All of the literature p 'ovid~l ./ U 9 to prospective purchasers of property within Pelican Bay, including purchasers Word 65023360.1 16 .AR 0'9 ' 200t property adjoining Waterpark Place and its immediate environs showed the remaining two tracts of Waterpark Place each would be developed xvith a single twenty-two (22) story condominium building that xvas similar in height, number of units, width, area and volume as the St. Pierre and St. Laurent and built within the minimum yards set forth in Section 7.04.03 (A) and (B) of the Pelican Bay PUD. The Amendment to the original Site Plan sought by the Developer in 2000, however, involved a significant change. Specifically, instead of two separate t~venty-two (22) story high rise buildings on the two remaining undeveloped platted tracts or parcels, the Amended Site Plan proposed one building on the two remaining undeveloped platted parcels existing of V,vin towers, each tower having txventy one (21) stories, one tower containing seventy txvo (72) units and the other containing one hundred and ten (110) units combined for the first four stories by a common lobby. The width, the area in terms of square feet and the volume in terms of cubic feet of the ne~v twin-tower building are more than two hundred (200%) percent greater than the t~vo buildings depicted on the original Site Plan. And, the placement of this Mega Twin Tower Building on the two remaining tracts will reduce the distance betxveen its south tower and St. Laurent by fifty (50) feet and the distance between its north tower and the northern boundary line Waterpark Place shares with the adjoining property owner, St. Raphael by fifty (50%) percent. Presumably, the same materials that ~vere available at the time the Staff approved the original site plan in 1990 were updated, as necessary, to ensure any changes that had occurred in the LDC since 1990 were complied with. What additional materials, if any, the Staff requested from the Developer to demonstrate the Amendment to the original Site Plan would be in harmony with the general intent and purpose of the PUD, ~vould not be injurious to the neighborhood or adjoining properties or otherxvise detrimental to the public welfare is not apparent from an examination of the County's files. The files do contain a copy of the Original Site Plan; Amended Site Development Plan and identical letters from three (3) architects hired by the Developer who expressed their opinion with respect to the architectural style of Cap 'd Antibes compared to the St. Pierre and St. Laurent. These experts, hoxvever, did not express any opinion with respect to whether the proposed Mega Txvin Tower Building will be in harmony with the general intent of the Pelican Bay PUD, will injurious to the neighborhood or adjoining properties or other~vise detrimental to AGENDA ITE. M /~ ~ot b~e .... 7 4(~ he MJ~R 0 'Il 2:' 17 Word 65023360. I general welfare. The recent trend of Developers and Property Owners to build Mega Homes and Mega Buildings in established neighborhoods has met with a great deal of public opposition. Attached as Exhibit "13" are txvo recent articles from the Naples Daily News reporting on the opposition by the community at large, and specific neighborhoods in particular to the construction of"Mega Buildings." The public opposition and concerns about such Mega Buildings is based upon the fact these structures are not in harmony with the existing neighborhood. Although the Amended Site Development Plan submitted to the County Staff depicts the parking lot on the south side of the southern boundary line of Tract A on which the St. Pierre has been developed, it fails to include the existence and location of the St. Raphael Condominium Building which is located on the platted parcel immediately to the north of the northern boundary line of Waterpark Place at Pelican Bay. Furthermore, the schematic plan submitted by the Developer fails to accurately depict the location of the Cap 'd Antibes and the St. Raphael and their respective set backs. Specifically, although the distance between the St. Raphael and the common northern boundary line of Waterpark Place is shoxvn and measured to be 100 feet, the distance between the northern tower of Cap 'd Antibes and this common boundary line is not measured but is shown to be greater than the distance from the boundary line to the St. Raphael. Also, even though the distance betxveen St. Raphael and the Cap d' Antibes is shown to be 282 feet, in actuality, Cap 'd Antibes will not be built on a parallel line with St. Raphael but rather, will be built westward of St. Raphael. As a consequence, this proposed Mega Twin Tower Condominium Building will cast a significant shadow over the common areas of St. Raphael, including the swimming pool. Neither the LDC nor the Pelican Bay PUD define "harmony." In the opinion of the Planning Services Director it is the planners best professional judgment to determine if the proposed site plan is in harmony with the general intent and purpose of the Pelican Bay PUD. Under the rules of construction words are to be taken in their ordinary meaning unless technical terms or words of art. The word harmony means "pleasa in the arrangement of parts; a pleasing effect produced by an arrangement of thing,, Word 65023360.1 18 ~tne s~o. '~ ~ p~,R 0 9 200q or colors." The synonyms for "harmony" include "proportion, symmetry and balance." These nouns mean aesthetic arrangement marked by proper distribution in the development. An agreeable relation of parts within a whole. The materials made available to the Staff to assist it in its evaluation of the Amendment to the Site Development Plan were not only deficient in several respects, but they failed to contain any analysis or assessment of the intensity and volume of Cap 'd Antibes compared to St. Pierre and St. Laurent, the two condominiums originally proposed for Tracts C and D, namely; the St. Armands and St. Margaux; St. Raphael which is Cap 'd Antibes' adjoining neighbor to the north, or for that matter, any other high-rise condominium building located within the Pelican Bay PUD. The dimensions of Cap 'd Antibes make it the largest high-rise condominium building in Pelican Bay. For example, the length of Cap 'd Antibes will be six hundred and fifty (650) feet compared to the length of St. Pierre and St. Laurent, which are each only two hundred and fifteen (215) feet in length. On the basis of the limited additional materials provided in connection with the Amendment to the Site Development Plan, the lack of any public input from the Community of Pelican Bay and in the absence of the opinions from experts, not employed or paid by the Developer, it is submitted the Staff's determination the Amendment to the Site Development Plan was in harmony with the intent and purposes of the Pelican Bay PUD and was not injurious to the neighboring or to the adjoining property, is not supported by substantial competent evidence and is contrary to the LDC.. This is so, particularly where, as here, the Amendment sought to increase not decrease the amount of development space, reduce the open space; reduce the distance between the proposed new Mega Twin Tower Condominium Building and an existing building within Waterpark Place at Pelican Bay and reduce the distance between the twin towers of Cap 'd Antibes and the northern boundary line shared by Waterpark Place at Pelican Bay with the adjoining property occupied by St. Raphael. The Pelican Bay PUD does not specifically state its intent and purpose. Th LDC, however, does specifically state the intent and purpose of this document is tc preserve, promote, protect and improve public health, safety, comfort, good order. Word 65023360.1 19 appearance, convenience and good welfare of Collier County and to maintain, through orderly growth and development, the character and stability for present and future land uses in Collier County. Under all of the circumstances, it is clear the Amendment of the Site Development Plan for Waterpark Place at Pelican Bay to allow for the construction of a Mega Twin Tower Condominium Building that is wider than two football fields is not in harmon~y with the general intent and purpose of the LDC and/or Pelican Bay PUD. Furthermore, on the basis of the materials available to the Staff, it is submitted the Developer failed to demonstrate the construction of the Mega Twin Tower Condominium Building will not be injurious to the neighborhood and the adjoining properties. POINT IV The Advisory Board of the Pelican Bay Services Division and not the Manager of the Division was required to review and approve the Amendment to the Site Development Plan for Waterpark Place at Pelican Bay (Cap 'd Antibes). The community of Pelican Bay is "Dependent District" a Municipal Service Taxing and Benefit Unit within Collier County that receives some services from the County and some services from the Pelican Bay Services Division. The operation of the Pelican Bay Services Division are overseen by an advisory board comprised of Property Owners within the community of Pelican Bay who are appointed by the Board of County Commissioners. The Pelican Bay Community Services Division is headed by a Manager who is an independent contractor providing services pursuant to a Consultant Agreement between the Manager and the Board of County Commissioners. The Pelican Bay Services Division is responsible for managing and overseeing, among other things, the community's appearance including landscaping, irrigation and sprinklers systems, street cleaning, street and entrance signs, maintenance, beach cleaning; street lights, water management, security and exotic plant removal. At the time the Board of County Commissioners approved and accepted Replat of Waterpark Place at Pelican Bay, the Pelican Bay Services Division w 20 Word 65023360. ! required to approve and accept the drainage on the Replat. Consequently, in connection with the Division's exercise of its day-to-day responsibilities for drainage and water management within the Pelican Bay Community, the Planning Services Director requested, in writing, evidence that the Amended Site for Waterpark Place at Pelican Bay (C(Cap 'd Antibes) had been reviewed and approved by the Division xvith respect to the drainage and water management. The approval of the Amended Site Development Plan by the Division, however, xvas never listed on the Agenda ora properly advertised public hearing of the Board of the Division and there was never any formal action of the Board approving or disapproving the drainage and/or water management aspects of the Amended Site Plan. Rather, the Manager of the Division unilaterally and administratively reviewed the Amended Site Development Plan and then issued a letter in his capacity as the Division Administrator on behalf of the Pelican Bay Services Division stating the plan had been reviewed, approved and found to be in general conformance with the Pelican Bay Site Development and Plan Submittal Manual. The Pelican Bay Services Division and Plan Submittal Manual required the Site Development Plan to be reviewed by the Division and, in this instance, because of the significant change in the original Site Plan, it is submitted the review and approval of the Amendment to the Plan was within power, duties and functions of the Advisory Board. All of the administrative and ministerial powers, duties, responsibilities, decisions and control relating to the operations of the Pelican Bay and its Services Division are the responsibility of the County Manager. Pursuant to a recent Memorandum of Agreement and Letter of Understanding between the Board of the Pelican Bay Services Division and the County Manager, the County Manager has agreed to accept the direction of the Advisory Board in the exercise of the decision and control of the day to day operations relating to the purposes and powers of the Division. See Exhibit "14" attached hereto and made a part hereof. Even before the execution of the Memorandum of Agreement between ti Manager and the Pelican Bay Services Division, the functions, powers and dutie Ccnmty /i% / 0 '9' 2012 21 Word 65023360.1 Advisory Board of the Pelican Bay Services Division always have included aiding, assisting and providing input to the County Manager in carrying out the purposes of the Division. And, the duties of the County Manager or his designee, is to administer the actions of the Division in accordance with the policies of the Board of County Commissioners. In the case of the approval of the Amendment to the Site Development Plan for Waterpark Place at Pelican Bay (Cap 'd Antibes), however, the Manager, as the designee of the County Manager, without seeking the assistance or input from the Advisory Board, approved the Amendment and then sent a letter to the Planning Services District on behalf of the Division stating the Plan had been reviewed and approved. It is submitted the failure of the Division's Manager to place the review of the Amendment of the Site Development Plan on the agenda of the Advisory Board, deprived the residents of Pelican Bay and their representatives of their only opportunity to provide, in a public forum, input with respect to the substitution of a new Mega Twin Tower Condominium Building that will be the largest building in the Pelican Bay Community and that is significantly different then the txvo single buildings that were depicted on all printed literature available to them for period of at least eight (8) years. The deprivation of their right to provide such input was contrary to the policy of the Board of County Commissioners as expressed in the Ordinance that created the Pelican Bay Services Division and the Memorandum of Understanding between the Pelican Bay Services Division and the County Manager. CONCLUSION On the basis of the foregoing, it is submitted the Interpretation by the Planning Services Director that (i)the Plat of Parcel B and not the Replat of this parcel ireme~n~ 'l the "development parcel" for the purpose of measuring the minimum yard ret of the Pelican Bay PUD; (ii) the more restrictive procedures of the LDC with Word 65023360.1 22 r :spe~ 0 9 200/~ cluster development are not applicable to the provisions of the Pelican Bay PUD for the clustering of buildings xvithin Group 4 area's; (iii) the substitution of a Mega Twin Tower Condominium Building that will be the largest condominium building in Pelican Bay with reduced minimum yard requirements and a reduction of open space is in harmony with the Pelican Bay PUD and is not injurious to the neighborhood, adjoining property and it otherwise not detrimental to the public welfare; and (iv) the Manager of the Pelican Bay Services Division could approve the Amendment to the Site Development Plan on behalf of the Division without advising consulting and/or seeking the advice of the Division Advisory Board, collectively and/or singularly are not supported by substantial evidence and are contrary to law. Dated this day of December, 2003. Respectfully submitted, ROBINS, KAPLAN, MILLER & CIRESI, L.L.P. Attorneys for the Pelican Bay Property Oxvners Assn 711 Fifth Avenue South, Suite 201 Naples, Florida 34102 (239) 430-7070 MICHAEL). V~OLPI~ ESQUIRE Florida Bar oN.q~. 65705 Word 65023360.1 23 AC_~A IT?~ No. 0 9 200 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Supplement to Notice of Appeal was hand-delivered and furnished by regular U.S. Mail to Susan Murray, AICP, Current Planning Manger, acting as Planning Services Director, 2800 North Horseshoe Drive, Naples, Florida 34104 and by regular United States Mail to The Honorable Tom Hennings,-Chairman of the Board of Collier County Commissioners sitting as the Board of Zoning Appeals, Collier County Government Complex, 3301 East Tamiami Trail, Naples, Florida, 34112 and David Weigel, Esquire, County Attorney, Collier C~o~nty Government Complex 3301 East Tamiami Trail, Naples, Florida.x34112 on this '23 day of December, 2003. Word 65023360.1 24 AC,~NDA NAR 0 '9 200 . p~._ AGENDA ITEM ,o. ?,ID MAR 0 9 200~t ,.,. l W O_ S£ 'Oa '£1 '8'd ...... ' 33WNl IINF1 ~V8 NVOI-13a I/ / / / / / ! / I MAR 0'9'2.",. i6~0 S 133HS 33S 3NI9 H~ 6081 'Od '06/ '~'0 '3'O'O'['~'d -; ! AC-~A I~ NAR 0 9 201 L~AR 09 200zt MAR 0 g 200~ ~. .._'5'0 pg. 0"-'/ W O- MAR 0 9 200~! AGENDA ITEIVI/q ] IA. 0 ;,-1 t I I I \ \ \ \ \ \ \ ,J \ \ \ MAR 0 9 200~ COLLIER COUNTY GOVERNMENT CO~h-'VlUNITY DEVELOP~IENT AND ENVIRON~IENTAL SERVICES DIVISION February 14, 2000 Planning Services Department 2800 North Horseshoe Drive Naples, Florida 34104 Nh-. Mark Strain GulfBa~ Communities Inc. 4001 Tamiami Trail North, Suite 350 Naples, FL 34103 Re: Waterpark Place Common Architectural Theme Relationships to Development Standards. Dear Mr. Strain: Pursuant to provisions of the Pelican Bay PUD relative to establishing development standards at variance with those otherwise specified for projects that meet the intent of a common architectural theme for 'clustered building please be advised as follows. We have reviewed the architectural plan for Waterpark Towers a twin tower buildhng complex with a common first story and its relationship to the remainder of Waterpark a unified plan of development and have concluded that Waterpark Towers qualifies and contributes to the common architectural theme for all Waterpark. The elements of a common architectural theme consistently applied by this office means that the building are clustered within a unified plan of development, have a signature 'unified entryway, common landscaping and street scape and building of similar intensity and volume. The subject site can accommodate two completely separate towers. The towers by themselves are of similar intensity and volume to existing buildings. The orientation of Waterpark Towers to the St. Laurent and St. Raphel are at angles to one another diminishing the effect of the reduced separation. A development option one large building could have met the separation requirement from the St. Laurent building, but in our opinion would have had a detafsnental effect on the totality of the Waterpark project. This office also acknowledges receipt of written opinions from four architects representing the work of existing buildings at Waterpark Place who further opine that the proposed Waterpark Towers compliment and are consistent with the goals of a common architectural theme. In conclusion this office renders its approval to the conceptual site development plan for Waterpark Tf~wers illustrating a separation of 150 feet fi-om the St. Laurel Tower. MAR 0 Ro~ald F. ~i~o~ A~CP I Current Planning Manager ~..~;'-~/ f :lron/P,a',fl ll l 4/gOIB EXHIBIT "2" COLLIER COUNTY GOVERNMENT C OMIYrU1WITY DEV-ELOPr, IENT AND ENVIRON'~iENTAL SERVICES DMSION April 4, 2001 PL.M~'NI~"G SERVICES DEPARTMENT 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 Nh'. D. Wayne Arnold, AICP 3800 Via Del Rey Bonita Springs, FL 3414'3 Re: Waterpark Place at Pelican Bay, SDP-90-261 Dear Nh'. Arnold: I have reviewed the information you have submitted in support of a reduction of the overall separation between the exist~g St. Laurent building and the proposed Waterpark Place building (to 150'), as well as a 50' building setback along the northern proper9' line oft_he subject parcel. The basis for your request is as follows: · Section 7.04.03 (C) of the Pelican Bay PUD allows for an administrative reduction of building setbacks where buildings are clustered and a "common architectural theme" is employed. · You have submitted documentation {hat rite project does, in fact, employ a common architectural theme as set forth in the PUD document, including similar architectural design theme and the use of common materials and colors; a gated signature entrance with a landscape theme that includes signage and a decorative pavement treatment; and common treatments throughout the project for landscaping, walls, street design and materials, signage, and lighting. · A number of other developments in Pelican Bay have employed a common architectural theme and have been administratively granted a reduction in.building setbacks based upon that provision in the PUD. · The nature of you request for building setback reduction does not exceed the amount of reduction granted to other similar projects within the PUD under the ':Common Architectural Theme" provision. Based upon this information and the coasistent use of the "Common Architectural Theme" provision set forth in the Pelican Bay PUD, it is my opinion that you may redu the required separation between structures to a minimum distance of 150' and that the side yard setback on the north property line is acceptable. Where applicable please submit, for our records, evidence that the site plan has been reviewed and approved by the Pelican Bay Improvement D;strict. EXHTRTT 0 9'-'200Zt PX. Wayne Amold, AICP Waterpark Place at PeLican Bay (SDP-90-26I) 4/4/2001 Please feel free to contact me prior to April 13, 200I, should you have any additional questions r. egarding this matter. After April 13,200 I, ptease contact Tom Kuck, P.E. Acting Planning Services Director. Sinceiely, ~CP Planning Services Director Cc: John Dmmuck, III, Interim Administrator Community Development & Environmental Services Tom Kuck, P.E., Acting Planning Services Director Susan Murray, AICP, Acting Current Planning Manager SDP-90-261 File : MAR 0 9 2OOq COLLIER COUNTY GOVERNMENT pELICAN BAY SERVICES DIVISION 801 LAUREL OAK DRIVE SUITE 605 NAPLES, FL 34108 (941) 597-1749 FAX: (941) 597-4502 July 18, 2001 Ms. Sherry Long Collier County Project Review Services 2800 North Horseshoe Drive Naples, Florida 34104 RE: Cap d'Antibes Dear Ms. Long: Please find one set of approved plans for the above referenced project. These plans have been reviewed and approved and found to be in general conformance with the Pelican Bay Site Development and Plan Submittal Manual. If you have any questions regarding this matter, please contact my office. Yours sincerely. PELICAN BAY S.E~VICES DIVISION ·/ames P. Ward :" Division Administrator MAR 0 9 200zt EXHIBIT "4" ~ COLLIER COUNTY GOVERNMENT C0iVE~ILIN1X~ DEVELOP~IENT AND ENVIRONI~IENTAL SERVICES DrvISION February 12, 2002 PLANNING SERVICES DEPARTMENT 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 Mr. Mark Minor, P.E. Q. Grady Minor & Associates 3800 Via Del Rey Bonita Springs, Florida 34134 947-1144 Re: SDPA-2001-AR-412 Waterpark Place at Peli(~an Bay Dear Mr. Minor:~ This is in response to your request along with the $100.00 fee to be granted a one year time extension on the approved Site Development Plan that expires on July 20, 2003. In compliance with Section 313.10 of the Land Development Code we hereby grant you a time extension until July 20, 2004 subject to meeting all revisions to the Code during this time flame. If you should have any questions, please advise. Sincerely, Thomas E. Kuck, P.E. Engineering Services Directod County.Engineer CC: Glenda Smith ~: l Sherry Eaton SDPA-2001-AR-412 Engineering Services Department Reading File EXHIBIT "5" A~A ITE~,4/~ ' ATTORNEYS AT LAW SUITE 201 711 FIFTH AVENUE SOUTH NAPLES. FL 34102-662B TEL: 239-430-7070 FAX:239-213.1c, t~'IICHAEL J. gOLPE (239) 213-1962 June 2, 2003 Ms. Margaret Wuerstle Director Planning Services Collier County Planning Services Department 2800 North Horseshoe Drive Naples, Florida 34104 Re: Request for Interpretation SDP-2001-AR-412, Waterpark Place at Pelican Bay (Cap 'd Antibes) Request for Interpretation Our File No. 100230.0000 · Dear Ms. Wuerstle: The undersigned, for and on behalf of Pelican Bay Property Owners Association, Inc., pursuant to provision 1.6 of the Collier County Land Development Code, hereby submits this request for an interpretation of various provisions the Collier County Land Development and the Pelican Bay PUD, as amended, relative to the approval of SDPA-2001-AR-412, Waterpark Place at Pelican Bay (Cap 'd Antibes) Factual Back~round Waterpark Place at Pelican Bay is a re-plat of Parcel B, Pelican Bay, Unit 15 as recorded in Plat Book 18, Pages 5 through 14 of the Public Records of Collier County, Florida. The re- plat of Waterpark Place at Pelican Bay is recorded in Plat Book 19, Pages 19 through 21, of the Public Records of Collier County, Florida. A copy ofthe re-plat is attached hereto as Exhibit The re-plat of Waterpark Place at Pelican Bay contains four (4) separate tracts, namely: Tract A consisting of 3.5 acres; Tract B consisting of 2.44 acres; Tract C consisting of 3.55 acres; and Tract D consisting of 4.39 acres. The original site plan for Waterpark Place at Pelican Bay which was approved in 1990 consisted of four separate high-rise towers and one single unit building. According to the 1990 site plan, a single high-rise tower was to be constructed on each of the four separate tracts. Tract A was to be developed and, in fact, has been developer~ twenty-two (22) story high-rise condominium consisting of 106 units known as St. Pierr B was to be developed, and, in fact, has been developed with a t~venty-two (22) story hi~, condominium consisting of' 106 units known as the St. Laurent. Neither Tract C nor Tr~ which similar twenty-two (22) story high-rise condominiums, each consisting of 106 un to be known as St. Margaux and the other to be known as St. Armands have been const with ~ a-ris'~- _ =t 0 '9 200 ts; tcted. ..... Ms. Margaret Wuerstle June 2, 2003 Page 2 In January of 2000, the Developer of Waterpark Place at Pelican Bay, Parcel "J" Joint Venture, submitted a Petition to amend the original site plan to provide for the construction ora single t~vin tower building, each to,vet having twenty-one (21) stories, one tower containing 72 units and the other containing 110 units, the two towers being joined together for the first four stories by a common lobby. This new twin tower project is to be known as Cap 'd Antibes. After reviewing the current planning checklist for this Petition to Amend the site development plan for Waterpark Place at Pelican Bay, the Planner who was assigned the review the Petition rejected it and requested the Petitioner to provide justification for its request to reduce the minimum yard requirement along the northerly boundary of Tract D from 100 feet to 50 feet and the reduction of the distance between the existing St. Laure'nt condominium building and the proposed Cap 'd Antibes building from 200 feet to 150 feet. In response to this request to reduce the minimum yards and distances between the principal structures depicted on the amended site plan, the Petitioner submitted identical letters, all of them dated November 29, 1999, from three different architects, each of whom stated with respect to the Waterpark at Pelican Bay Project the architectural style of the proposed Cap 'd Antibes is similar in design and use of materials and colors; the project has a signature entrance way that includes a gated structure, landscaping, signage and ornamental pavement surfaces; and the street materials, signage and lighting shall be/are architecturally complimentary and the same throughout the project access ~vays. Following receipt of the written opinions from the architects engaged by the Petitioner, the reviewing Planner, by letter dated February 14, 2000, notified the Petitioner the conceptual site development plan for Waterpark Towers illustrating a separation of 150 feet from the St. Laurent Tower was approved. No approval, however, xvas given to the reduction of the minimum yard requirements along the northerly boundary of Tract D from 100 feet to 50 feet. A copy of the Letter of Approval is attached hereto as Exhibit "2." On or about February 12, 2001, the Petitioner submitted the signed and sealed set of the revised plans for the amendment to the Final Site Development Plan. Upon receipt of these revised plans, the Staffreviewers requested the Petitioner to provide additional information related to its request to utilize the building setback reduction for buildings xvith a common architectural theme. An inspection of the Public Records made available to the Pelican Bay Property Oxvner's Association does not reveal what additional information, if any, was submitted by the Petitioners in response to this request. By letter dated April 4, 2001, the Planning Services Director notified the Petitioner that based upon the information submitted and the consistent use of the common "archit~ ctur~cw.~A rr~ _ ,.' theme" provision set forth in the Pelican Bay PUD, in his opinion, the Petitioner col ld r~l~ce the required separation between the structures to a minimum distance of 150 feet and foot side yard setback on the north property line was acceptable. Where applicable, requested the Petitioner to submit evidence the site plan had been reviewed and ap[ Pelican Bay Improvement District A copy of the April 4, 2001, letter is attached as : fifty (50) .~ ,, · oved by the Ms. Margaret Wuerstle June 2, 2003 Page 3 By letter dated the 18th day of July, 2001, the Division Administrator of the Pelican Bay Services Division administratively approved the Amended Site Plan. A copy of this letter is attached hereto as Exhibit "4." The Amended Site Plan, however, ,,vas not reviewed by the members of the Advisory Board of the Pelican Bay Services Division and there has never been any Board action approving or disapproving the plan. 'On July 20, 2001, the Petitioner received final approval for the Amendment to the original site development plan for Waterpark Place at Pelican Bay to allow for the construction of the single twin tower building to be known as Cap 'd Antibes, xvith a separation of 150 feet from the St. Laurent Tower and a fifty (50) foot setback along the northerly property line of Tract D. This approval expires on July 30, 2003. In January of 2003, however, the Petitioner applied for and obtained a one (1) year extension of the approval of the Amended Site Plan. This time extension until July 20, 2004, is subject to Petitioner meeting all revisions to the Land Development Code during this time frame. A copy of the letter granting the extension is attached hereto as Exhibit "5". Land Development Code and Pelican Bay PUD The separate tracts or parcels of land comprising Waterpark Place at Pelican Bay are classified as Group 4 Parcels in the Pelican Bay PUD. Section 7 of the Pelican Bay PUD set forth various regulations for Group 4 Parcels. In particular, Section 7.04.03 of the PUD provides as follows: Minimum Yards: A. From tract or development parcel lines, right-of-wcry lines and/or the edge of the g~ttter ofa private road, fifty (50)feet or one-half (1/2) the height of the structure, whichever is greater, except that detached accessory structures shall be set back twenty (20)feet or one-half (1/2) the height, whichever is greater. B. Distance between structures. Between any principal structure, one-half (1/2) the sum of their heights but not less than fifly (50) feet. Between any two accessory uses, one-half(I~2) the sum of their heights but not less than thirty (30)feet C. In the case of chtstered buildings with a common architectural theme, these may be less, provided that a site plan is approved in accordance with Section 2.05. ' ^GENOA mTm j 'ista~ex ~ [ MAR 0 9 200 . Ms. Margaret Wuerstle June 2, 2003 Page 4 Section 2.05 of the Pelican Bay PUD provides in pertinent part, as folloxvs: When site plan approval is required by this document, the following procedure shall be followed' A. A written request for site plan approval shall be submitted to the director for approval. The request shall inchMe materials necessary to demonstrate that the approval of the site plan will be in harmony with the general intent and purpose of this document, will not be injurious to the neighborhood or adjoining properties or other,vise detrimental to the public welfare. Such materials may include, but is trot limited to the following, where applicable: Site plans in an appropriate scale showing proposed placement of structures on the property; provisions for ingress and egress, off- street parking and off-street loading areas, refuse and service areas; and required yards and other open spaces; Plans showing proposed locations for utilities hook-up; o Plans for screening and bufferb~g with references as to Ope, dimensions and character; Proposed londscoping and provisions for trees protected by County Regulations; and Proposed sig?ts and lighting, including type, dimensions and character. REQUEST I The legal description is set forth on the Petition to amend the original Site Development Plan for Waterpark Place at Pelican Bay is Tracts C and D, Waterpark at Pelican Bay, Plat Book 19, pages 19 through 21, of the Public Records of Collier County, Florida. This Petition also sets forth the two different folio numbers for these separate tracts, that is, Tract C -81210001753 and Tract D- 81210002257. The legal description on the overall Amended Site Plan for Waterpark Place, ( Cap 'd Antibes), ho~vever, is Parcel "B", Pelican Bay, Unit 15, as Plat Book 18, Pages 5 through 14, of the Public Records of Collier County, Florida. Since the land on which the single twin towers of the Cap 'd Antibes project ' to be constructed, consists of two separately platted tracts namely: Tract C and Tract minimum yard requirements set forth in Section 7.04.03 of the Pelican Bay PUD app I t,o. esch of these separately platted tracts? And, assuming the provisions of Section 7.04.03 are ecor~A~. I~ proc0 9 200 ), do the , ,,..-, Ms. Margaret Wuerstle June 2, 2003 Page 5 to these separately platted tracts, do the provisions of Section 7.04.03 permit the County Staff to administratively reduce the minimum yard requirements from the tract line between Tracts C and D to zero and/or allow the construction of a principal structure across this tract line.5 REQUEST II (i) Paragraph A of Section 7.04.03 sets forth minimum side yard setbacks from tract or development parcel lines, right-of-way lines and/or the edge of the gutter of a private road; Paragraph B of this Section sets forth distances between any principal structures; and Paragraph C provides that in the case of clustered buildings with a common architectural theme, these distances may be less provided that a site plan is approved in accordance with the applicable provisions of the Pelican Bay PUD. (emphasis added) Is the Staff's authority to administratively grant variances pursuant to the provisions of 'Paragraph C of Section 7.04.03, limited to the distances between principal structures depicted on .the Site Plan (Paragraph B) or does this administrative authority also alloxv the Staffto vary the minimum side yard set backs with respect to adjoining properties not depicted on the Site Plan (Paragraph A)? (ii) There are no specific standards or criteria xvith respect to clustering of buildings or common architectural theme within the Pelican Bay PUD. Section 2.6.27 of the Land Development Code, however, does set forth certain standards or criteria for cluster developments. According to this Section, the purpose of cluster development is to provide for a unique and innovative alternative to the conventional residential development in RSF 1 through 6, RMF 6 PUD and VR Districts by creating a more varied, efficient, attractive and economical residential development, containing a more usable pattern of open space. This Section applies to all parcels of land under single ownership which permits cluster development. Section 2.6.27 allows for various reductions in lot area, lot width, coverage and yard requirements within a zoning district provided the applicant satisfies the criteria enumerated in the Section through the conditional use process. And, pursuant to the provisions of Section 2.6.27, the Collier County Planning Commission can approve additional reductions to the development standards for cluster developments that have a common architectural theme. In order to determine whether a project qualifies as an architectural theme project, this Section requires the Board of County Commissioners to determine all of the following design features are incorporated in the project: 1. The architectural style of the dwelling units/structures shal similar in design and in use of materials and color; and 2. The residential projects shall have a signature entrance wh serves to identify the development as having a common AGENOA I~ be MAR 0 9 200 Ms. Margaret Wuerstle June 2, 2003 Page 6 architectural theme. The entrance way design and improvement elements shall include some or all of the following: the use of landscape materials, gated structure, water features, sculpture and ornamental pavement surfaces. At the time of the adoption of the Pelican Bay PUD, both the County and the original developer of Pelican Bay recognized that since the long range development plan permitted by the PUD xvould not be complete for a period of 28 to 34 years, there would be changes in planning techniques, engineering techniques, and transportation methods that would warrant amendments to the PUD to meet the standards of the time. Accordingly, Section 2.13 of the PUD specifically provides all requests for exceptions, variances and amendments shall conform with the procedures existing at the time of the application for the exception or amendments. Section 2.6.27 of the Land Development Code ',vas adopted by the County subsequent to the adoption of the Pelican Bay PUD. Included in the Petitioner's application for an amendment to the original site development plan for Waterpark Place at Pelican Bay, `.vas the request for an exception and/or variance to the minimum yard requirements for Group 4 parcels based upon "clustered buildings with a common architectural theme." Since the Pelican Bay PUD does not contain definitions of"cluster buildings" and "common architectural theme," the County Staff referred to the provisions of Section 2.6.27 of the Land Development Code. Notwithstanding the provisions of Section 2.13 of the Pelican Bay PUD, however, the County Staffdid not require the Petitioner to satisfy the criteria set forth in Section 2.6.27 through the conditional use proces. Instead, the County's Planning Services Director approved the "exception, variance, and/or amendment" to the development standards set forth in Section 7.04.03 (A) and (B) based upon his personal, subjective opinion, without any input from the public, the neighborhood or adjoining property owners and without providing an "aggrieved" person with the opportunity of having the Director's opinion reviewed administratively, quasi-judicially, or judicially. Are the provisions of Section 7.03 of the Pelican Bay PUD and the Section 2.6.27 of the Land Development Code to be read together to require a Petitioner who requests an exception, variance and/or amendment to the development standards set forth in Section 7.03 to use the conditional use process to satisfy the criteria set forth in the later Section? If not, what are the objective standards and criteria to be used by the Planning Services Director to determine whether a Petitioner is entitled to an exception, variance and/or amendment to the development standards set forth in Section 7.03.04 for "clustered buildings with a common architectural theme"? Does any aggrieved by the decisions of the Planning Services Director grant: ag denying an exception variance or amendment to the development standards set forth iI Sect~{~lCr 7.03.04 have the right to take an appeal form this decision? REQUEST HI Ms. Margaret Wuerstle June 2, 2003 Page 7 Section 2.7.5 of the Land Development Code sets forth the procedures to be followed in order for a property owner to obtain a variance from the terms of the zoning applicable to his property. The primary purpose for these procedures is to address those situations where a literal enforcement of the zoning code would result in unnecessary and undue hardship or practical difficulty to the owner of the property and would otherwise deny the property owner ora level of utilization of his property that is consistent with the development plan in the neighborhood and clearly has not adverse effect on the community at large or the neighboring property owners. Section 2.7.5.6 of the Land Development Code provides that before any variance can be recommended by the Planning Commission for approval by the Board of County Commissioners, there must be findings made following a public hearing, regarding the following standards: Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the lands, structure or building involve?. Are there special conditions and circumstances ,vhich do not result from the action of the applicant such as pre-existmg conditions relative to the property ,vhich is the subject of the variance request?. Will a literal interpretation of the provisions of this zoning code **'ork unnecessary and undue hardship on the applicant or create practical difficulties on the applicant?. }Viii the variance, if granted, be 'the minimum variance that will make possible the reasonable use of the land, btti[ding or structure and which promote standards of health, safety or ,vel. fare? Will granting the variance requested cot~er on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings or structures in the same zoning district?. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or othet3vise detrimental to the public welfare? Are there natural conditions or physically induced conditions that ameliorate the etc. ? ~. ~44 goals and objective of the reg~tlations as natural preserves, lakes golf cours~ Will granting the variance be consistent with the growth management plan? Ms. Margaret Wuerstle June 2, 2003 Page 8 Section 7.04.03 ( C ) permits a property owner to obtain a variance from the minimum yards and distances between structures in the case of clustered buildings with a common architectural theme provided a site plan is approved in accordance with Section 2.05. Among other things, this Section requires the property o~vner to submit materials to demonstrate the approval of the site plan xvith variances to the minimum yard requirements and distances betxveen structures xvill be in harmony with the general intent and purpose of the Pelican Bay PUD and xvill not be injurious to the neighborhood or to adjoining properties or otherwise detrimental to the public xvelfare. The Rules of Construction set forth in Division 6.1 of the Land Development Code, require all provisions, terms, phases and expressions contained in the Land Development Code to be liberally construed in order that the true intent and meaning of the Board of County Commissioners may be fully carried out. The general Rules of Construction set forth in Section 6.1.1 provide, in pertinent part, as follows: "In the interpretation and application of ony provision of[the LDC] it should be held to be the mini~num reqzdrements adopted for the promotion of the public health, safety, comfort, convenience and general ,velfare. }F'here any provision of[the LDCJ, the growth management plan, or any other lmv or regulation in effect in Collier County, Florida, iml2oses greater restrictions upon the subject matter then any other provision of the [LDCJ, the growth management plan or any other lcnv or regulation in effect in Collier County, Florida, the provision imposing the greater restriction or regMation shall be deemed to be controlling." The minimum yard requirements applicable to the various zoning districts, including PUDs, in effect in Collier County represent the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general xvelfare. The only manner in which a property o~vner can obtain a variance, exception, or amendment to these minimum yard requirements is the satisfy specific standards and criteria following a public hearing process. There are no provisions in the Land Development Code that authorize the County Staff to administratively grant any variance, exception or amendment to the minimum yard requirements applicable to a specific piece of property. Yet, in connection xvith instant Petition to significantly amend the Site Development Plan for Waterpark at Pelcian Bay (Cap 'd Antibes) by combining two stand alone towers into a single twin tower building the County Staff, based upon three (3) letters from architects employed by the Petitioner and the opinion of the Planning Services Director, the Petitioner was granted a variance from the minimum ~ard~colo~ rr~: :ion~ '~'~_~ requirement along the northerly boundary of Tract D from 100 feet to 50 feet and a redu¢ the distance between the existing St. Laurent Condominium building and new twin towe building from 200 feet to 150 feet. In granting this variance, the County's Staff made ab no findings with respect to the standards that are other~vise applicable to all other prope~ located in Collier County. ies Ms. Margaret Wuerstle June 2, 2003 Page 9 Under the Rules of Construction are the provisions of Sections 2.05 and 7.04.03 and Section 2.7.5 of the I]and Development Code to read inpari materia and, therefore, do the more restrictive provisions of Section 2.7.5 control Petitioner's Petition to Amend the Site Development Plan for Waterpark at Pelican Bay to reduce the minimum yard and distance between structures for Group 4 Parcels within the Pelican Bay PUD? REQUEST IV The community of Pelican Bay is a "Dependent District", a Municipal Service Taxing and Benefit Unit, within Collier County and it receives some services from the County and some services from the Pelican Bay Services Division. The operations of the Pelican Bay Services Division are overseen by an eleven (11) member Board appointed by the Board of County Commissioners. The Pelican Bay Services Division is headed by a Manager who is an independent contractor providing services pursuant to a Consultant Agreement between the 'Manager and the Board of County Commissioners. The Pelican Bay Services Division's areas of .ongoing responsibility include landscaping, irrigation and sprinkler systems, street and entrance signs, street lighting, and water management. In the discharge of these oversight responsibilities, the Pelican Bay Services Division reviews and approves, among other things, plats and Site Development Plans for land ~vithin the Pelican Bay Community. The members of the Board of the Pelican Bay Services Division are subject to the provisions of the Florida Sunshine Law and all actions of the Board must be made at a properly advertised public meeting at which at least six (6) members of the Board must be present. In connection with the administrative approval of the Amendment to the Site Development Plan of Waterpark at Pelican Bay (Cap 'd Antibes), the Planning Services Director requested the Petitioner to submit evidence the Site Plan had been reviewed and approved by the Pelican Bay Services Division. The review and approval of the Amended Site Plan by the Pelican Bay Services Division, however, was never placed on the agenda of a properly advertised public hearing of the Board of the Pelican Bay Services Division and there has never been any formal action of the Board of the Pelican Bay Services Division approving or disapproving the Amended Site Development Plan. Rather, the Manager of the Pelican Bay Services Division unilaterally and administratively reviewed the Amended Site Plan and then issued a letter in his capacity as the Division Administrator of the Pelican Bay Services Division stating this Plan had been reviewed, approved and found to be in general conformance with the Pelican Bay Site Development and Plan Submitted Manual. When the Pelican Bay Services Division is required to reviexv and approve Development Plan, must there be formal action by the Board of the Pelican Bay 5 Division or does the Administrator of the Pelican Bay Services Division have the auth administratively approve the Site Development Plan on behalf of the Board? AGENDA ITEM ervices >rit:~ 0 ~} 200q Ms. Margaret Wuerstle June 2, 2003 Page 10 We trust you will find the foregoing Requests for an Official Interpretation complete; however, if you have questions or require further information or documents, please contact the undersigned immediately. Enclosed with this letter, you will find check no. 1922 in the amount of $750.00 drawn on the account of Pelican Bay Property Owner's Association and made payable to the order of Collier County. This check represents the required fee for this request for an Official Interpretation. Respectfully submitted, ROBINS, KAPLAN, NflI, LER &CIR. ESI L.L.P. Michael J. Volpe MW/rgb Enclosure Cc Pelican Bay Property O~vner's Association MAR 0 9 200q \ \ - I i , \ \ COLLIER COUNTY GOVERNMENT CO~MUNITY DEVELOPMENT AND EtYVIRON3IENTAL SERVICES DIVISION February 14, 2000 Planning Services Department 2800 North Horseshoe Drive Naples, Florida 34104 Mr. Mark Strain Gulf Bay Communities Inc. 4001 Tamiami Trail North, Suite 350 Naples, FL 34103 Re~ Waterpark Place Common Architectural Theme Relationships to Development Standards. Dear Mr. Strain: Pursuant to provisions of the Pelican Bay PUD relative to establishing development standards at variance with those otherwise specified for projects that meet the intent of a common architectural theme for ~lustered building please be advised as follows. We have reviewed the architectural plan for Waterpark Towers a t~vin tower building complex with a common first story and its relationship to the remainder of Waterpark a unified plan of development and have concluded that Waterpark Towers qualifies and contributes to the common architectural theme for ail Waterpark. The elements of a common architectural theme consistently applied by this office means that the building are clustered within a unified plan of development, have a signature unified entry~vay, common landscaping and street scape and building of similar intensity and volume. The subject site can accommodate two completely separate towers. The towers by themselves are of similar intensity and volume to existing buildings. The orientation of Waterpark Towers to the St. Laurent and St. Raphel are at angles to one another diminishing the effect of the reduced separation. A development option one large building could have met the separation requirement from the St. Laurent building, but in our opinion would have had a detrimental effect on the totality of the Waterpark project. This office also acknowledges receipt of written opinions from four architects representing the work of existing buildings at Waterpark Place who further opine that the proposed Waterpark Towers compliment and are consistent with the goals ora common architectural theme. In conclusion this office renders its approval to the conceptual site development plan for Waterpark ers illustrating a separation of 150 feet from the St. Laurel Tower. lq, R 0 9 200t RoffaId F. Nino, AICP Current Planning Manager ~'g. .~ff,~ ~-,---,~-, ,, ....... EXRTRTT - 9" COLLIER COUNTY GOVERNMENT CONEVIUNI'I'g DEVELOP~I~NT AND ENVIRO~NT~ SERVICES DMSION April 4, 200l PLANNING SERVICES DEPARTMENT 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 Mr. D. Wayne Arnold, AICP 3800 Via Del Rey Bonita Springs, FL' 3414'3 Re: Waterpark Place at Pelican Bay, SDP-90-261 Dear Mr. Arnold: I hzve reviewed the information you have submitted in support of a reduction of the overall, separation between the existing St. Laurent building and the proposed ',,Vaterpark Place buil. ding (to 150'), as well as a 50' building setback along the northern property line of the subject parcel. The basis for your request is as follows: · Section 7.04.03 (C) of the Pelican Bay PUD allows for an administrative reduction of building setbaclcs where buildings are clustered and a "common architectural theme" is employed. · You have submitted documentation ihat the project does, in fact, e .mploy a common architectural theme as set forth in the PUD document, including similar architectural design theme and the use of common materials and colors; a gatid signature entrance with a landscape theme that includes signage and a decorative pavement treatment; and common treatments throughout the project for landscaping, wails, street design and materials, signage, and lighting. · A nUmber of other deveIopments in Pelican Bay have employed a common architectural theme and have been administratively granted a reduction inbuilding setbacks based upon that provision in the PUD. · The nature of you request for building setback reduction does not exceed the amount of reduction granted to other similar projects .within the PUD under the "Common Architectural Theme" provision. Based uvon this information and the consistent use of the "Common Architectural Theme" provision set forth in the Pelican Bay PUD, it is my opinion that you may the required separation between structures to a minimum distance of 150' and that side yard setback on the north property line is acceptable. Where applicable please submit, for our records, evidence that the site plan has been reviewed and approved the Pelican Bay Improvement District. duc~ ,-~/ e 50"- MAR 0 ~ '200~ 74. Wayne Arnold, AICP Waxerpark Place at PeLican Bay (SDP-90-26 I) 4/4/2001 Please feel free to contact me prior to April 13,200.I, should you have any additional questioris r. eg~ding this matter. After April 13,200I, please contact Tom Kuck, P.E. Acting Plannihg Services Director. Sincerely, Planning Services Director Cc: John Dunnuck, III, Interim Administratm' Community Development & Environmental Services Tom Kuck, P.E., Acting Planning Services Dkector Susan Murray, AICP, Acting Current Planrfing Manager SDP-90-261 File : COLLIER COUNTY GOVERNMENT PELICAN BAY SERVICES DIVISION 801 LAUREL OAK DRIVE SUITE 606 NAPLES, FL 34108 (g41) 597-1749 FAX: (941) 597-4502 July 18, 2001 Ms. Sherry Long Collier County Project Review Services 2800 North Horseshoe Drive Naples, Florida 34104 RE: Cap d'Antibes Dear Ms. Long: Please find one set of approved plans for the above referenced Froject. These plans have been reviewed and approved and found to be in general conformance with the Pelican Bay Site Development and Plan Submittal Manual. If you have any questions regarding this matter, please contact my office. Yours sincerely, PELICAN BAY SF..,~VICES DIVISION · Division Administrator EXHIBIT "4" COLLIER COUNTY GOVERNMENT C0iV~IUNITY DEVELOP~IE. NT AND ENVIRONi~IENTAL SERVICES DMSION February 12, 2002 PLANNING SERVICES DEPARTMENT 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 Mr. Mark Minor, P.E. Q. Grady Minor & Associates 3800 Via Del Rey Bonita Springs, Florida 34134 947-1144 Re: SDPA-2001-AR-412 Waterpark Place at Peik~an Bay Dear Mr. Minor:~ This is in response to your request along with the $100.00 fee to be granted a one year time extension on the approved Site Development Plan that expires on July 20, 2003. In compliance with Section 3;3.10 of the Land Development Code we hereby grant you a time extension until July 20, 2004 subject to meeting all revisions to the Code during this time frame. you should have any questions, please advise. Sincerely, Thomas E. Kuck, P.E. Engineering Services Director/ County.Engineer CC: Glenda Smith .:':. Sherry Eaton S D PA-2001 -AR-412 Engineering Services Department Reading File EXHIBIT "5" MAR 0 9 COLLIER COUNTY GOVERNMENT Cornmnnlty Development and Environmental Services Division Planning Services Department · 2800 North Horseshoe Drive · Naples, Florida 34104 September 29, 2003 Michael J. Volpe, Esquire Robins, Kaplan, Miller & Ciresi L.L.P. 711 Fifth Avenue South, Suite 201 Naples, FL 34102-7070 RE: INTP-2003-AR-4306 Request for official interpretation pertaining to various provisions of the Pelican Bay PUD, as ,amended, relative to the approval of SDPA- 2001-AR-412, Waterpark ~lace at Pelican Bay (Cap 'd Antibes). Dear Mr. Volpe: Pursuant to Land Development Code (LDC) Division 1.6, you have asked the Planning Services Director to render an official interpretation for four (4) separate requests pertaining to various .15rovisions of Pelican Bay PUD Ordinance No. 77-18, as amended by Ordinance No. 89-53 (Pelican Bay PUD)(subsequent amendments to this PUD are not relevant to this Interpretation) and other provisions of the LDC. In Request I, you asked whether or not the provisions of Section 7.04.03 of the Pelican Bay PUD apply to each separately platted tract. And, assuming the provisions of Section 7.04.03 are applicable to these separately platted tracts, do the provisions of Section 7. 04.03 permit the Collier Cottnty Staff to' adrhbtistratively reduce the minimum yard requirements from the tract lbze between Tracts C and D to zero and/or allow the construction of a principal structure across this tract line. It is my opinion that because Section 7.04.03 of the Pelican Bay PUD specifically states that minimum yards may be measured from tract or development parcel lines (notwithstanding any approval of smaller dimensional standards), the proper application of the minimum yard requirements of this section is dependent upon how the platted tracts are proposed and approved to be developed. From my review of the County's records, including the application, plans, and aerial photographs of the referenced and surrounding developments, it is my determination that the site development plan amendment (SDPA) that was submitted for Cap 'd Antibes included only Tracts C and D of the plat of Wat~rpark Place at Pelican Bay, recorded at Plat Book I9, Pages 18-21. The overall development "parcel" for the original site development plan 90-261), however, included other lands (e.g., Tracts A & B), which when considered to constitute a single development parcel. This land was previously platted as Parcel B o: Pelican Bay Unit Fifteen plat, recorded at PB 18, Pages 5-14. Because the "development parcel" in question is established by the boundary of the ori SDP, notwithstanding the amendment thereto pertaining to, and including only, Tracts C & is my determination that the point from which the minimum vard retnn]r~-rnm~*~ ~,-* r,-,.~*. :- PB) ,. ;DP ACaE~A ITEJ~ ther~°- 7 [~ th~AR 0.9 '200t D it Mr. Michael Volpe Page 2 INTP-2003-AR-4306 graph A of Section 7.04.03., of the Pelican Bay PUD is to be measured from is the subject development parcel line, i.e., the boundary of SDP 90-261. Additionally, the boundary of SDP 90-261 forms the "development parcel" within which the distances set forth in Sec. 7.04.03 B., also apply for the purpose of measuring between two principal structures and two accessory structures. Stated differently and more simply, the minimum yard requirements would apply to only a single platted tract in this PUD in the circumstance where that platted tract boundary ~vas also the boundary line of a proposed unified plan of development. Here, the referenced SDPA relates back to SDP 90-261 as the unified plan of development. Assuming for the sake of discussion the relevant boundary was considered to be that of Tracts C & D taken as whole, there still would be no consideration given to the boun, dary between the two tracts when applying Sec. 7.040.03 A., such that the proposed SDP amendment would be unaffected Based on the analysis and conclusions above, the facts you have requested to be assumed in your second question cannot be considered to be a correct basis for either the application, or interpretation, of Sec. 7.04.03. As a result, the staff action taken (for these and other reasons discussed further below), did not, and does not, require staff to "administratively reduce" to zero '~he yard setbacks between platted Tracts C and D. Simply stated, there is no development or parcel "boundary" between platted Tracts C and D for the purpose of applying Section 7.04.03. Itt Request H (i), you asked whether or not the provisions of Section Z04. 03. C. of the Pelican Bay PUD are limited to the distance between principal structures as provided in Section 7.04.0.3. B., or does this administrative attthority also allow staff to vary the minimum side yard setbacks as provided in Section 7.04.03. A., with respect to adjobting properties not depicted on the Site Plan. Based on my review of Section 7.04.03 C, the word "distances" in that provision is intended to apply to either or both of the requirements set forth in Paragraphs A and B, depending on the facts which exist. Under the facts presented by the referenced SDPA and SDP 90-261, both the minimum yard and separation "distances" may be reduced so long as the further condition of Paragraph C is met. It is also my opinion that the separation distance requirements of Paragraph B should be interpreted and applied to those structures contained within the subject development parcel, but not to structures on adjoining properties located on another development parcel. Similarly, the minimum yard requirements of Paragraph A apply with respect to the line between the subject development parcel and any adjacent property. Lastly, my opinion is that both the minimum yard requirements of Paragraph A and the separation distances for structures in Paragraph B may be reduced based upon the express authority afforded by the regulatic Paragraph C once the condition stated there is met. In Request H (ii), yott asked if the provisions of Section 7.04.03 of the Pelican Bay PUD the provisions of Section 2.6.27 of the Land Development Code are to be read togeth~ require a Petitioner who requests an exception, variance and/or amendment to development standards set forth in Section 7. 04 to ttse the conditional ttse process to satisfj iI,~ criteria set forth in the later Section. ~rOtt then asked: if not, what are the ob]ective standards in AGENDA.~ r to 77' Mr. Michael Volpe Page 3 INTP-2003-AR-4306 entitled to an exce£tion, variance and/or amendtnent to the develoIament standards set forth in Section 7.04.03 for "clustered buildings with a common architectural theme." Lastly you asked does any[one] aggrieved by the decision of the Planning Services Director granting or denying, an exception variance or amendment to the development standards set forth in. Section 7.04.03 have the right to take an appeal from this decision. It is my opinion that the provisions of Section 7.04.03 of the Pelican Bay PUD and Section 2.6.27 of the LDC were never intended to be applied together. Thus, a petitioner is not required to submit a site development plan ,,¼th a conditional use petition in order to reduce the minimum yard requirements pursuant to Section 7.04.03 C of the Pelican Bay PUD. The opinion above is based on the fact that LDC Section 2.6.27 is limited in its application to the clustering of single° family dwellings. Furthermore° in the subject development request and underlying site development plan only multi-family buildings are an approved use within the multi-family tracts permitted in the Group 4 areas of the PUD Master Plan. See, Section 7.03 Uses Permitted, Subsection A. Principal Uses, which under 1) lists "Multi-family residential buildings." In response to your second question, it is my opinion that the "objective standards and criteria" .relied upon to approve the reduced distances to the requirements of Sub-sections 7.04.03 A & B -in the referenced SDPA were the express terms of the condition stated in Sub-section 7.04.03 C. That is, for the "clustered buildings with a common architectural theme" so long as the site plan ,,','as approved in accordance with Section 2.05 of the Pelican Bay. PUD.. These are the circumstances that existed for, and resulted in, the approval of the referenced SDPA. Although not a term defined by either the Pelican Bay PUD or the LDC, "clustered buildings," under the term's plain meaning and the facts applicable here, refers to buildings xvhere individual units of multi-family residential development are "clustered." The dictionary definition of'a "cluster" is a number of the same sort of things gathered together. That is exactly the circumstance in this SDP and others in the Pelican Bay PUD where multi-family residential dwelling units permitted by right are gathered or "clustered" together in one or more "Multi- family residential building." As to the phrase "with a common architectural theme," the subject file is replete `,vith multiple statements of Florida registered architects stating their expert opinion of compliance with the "common architectural theme." Accordingly, because the terms of the condition in Sec. 7.04.03 C were met, the distances in Sections 7.04.03 A & B, in my opinion, were properly reduced without the requirement for any "exception, variance or amendment to the development standards." In fact, because the terms and condition of Sec. 7.04.03 C were met, the "development standards" for Section 7.04.03 were met. :. Lastly, although not directly applicable here, based on the Interpretation rendered above and set forth below, anyone "aggrieved by the decision of the Planning Services Director denyin~ an exception variance or amendment to the development standards set forth in .S~c. tio~~ 7 04 03 ' has those ri hts afforded by law Based upon my review of the referenced SDP there.,,, h~s i~een no decisiong'' made by the elar~nlng' Serv,ces' Director' to grant or deny an variance, or amendment to the development standards set forth in Section 7.04.03. Regar~tless, as this Interpretation request makes clear, any person who objects to an admin~t~ determination or approval may seek, as you have here on behalf of your client, an OffiZ'i~ Mr. Michael Volpe Page 4 INTP-2003-AR-4306 is afforded. There is also the ability to take whatever civil action an aggrieved person may be lawfully entitled. This is in fact what was done for similar issues on previous development tracts within Pelican Bay. In Request III, you asked whether under the Rules of Construction bt LDC 6.1.1, are the provisions of Section 2.05 and 7.04.03of the Pelican Bay PUD and Section 2. 7.5 of the LDC to be read ~ pari materia, and therefore, do the more restrictive provisions of Section 2. 7.5 of the LDC control Petitioner's Petition to Amend the SDP for IVaterpark Place at Pelican Bay (Cap 'd Antibes) to reduce the min#nu~z yard and distance between strttctures for Group 4 Parcels within the Pelican Bay PUD. The general rule applicable to the interpretation of provisions of PUD's and the LDC is that where there are two provisions appearing to refer to the same subject, the more specific provision and an earlier adopted provision of equal specificity should control over later adopted or more general provisions. The cited Rules of Construction were not in effect at the time of the adoption of PUD Ordinance 77-18, which established Sections 2.05 and 7.04.03. The cited Rules, and the provisions of Section 2.7.5. (more or less as they now appear), did not become effective until .November 13, 1991, following the adoption of Ordinance No. 91-102 which effectively created the Land Development Code. Nonetheless, LDC Section 6.1.1, also states that, "[a]ll provisions, terms, phrases and expressions contained in these regulations shall be liberally construed in order that the true intent and meaning of the board of county commissioners may be fully carried out." Here, it is my opinion that under the prior existing and more specific provisions of Section 7.04.03 C of the Pelican Bay PUD for the reduction of distances imposed for minimum yards, a property owner is not required to obtain a variance from the minimum yard and distance between structure standards pursuant to LDC Section 2.7.5. so long as the requirement of being a case where there is a clustered buildings with a common architectural theme is met. Section 7.04.03 clearly states that minimum yard and distance between structure standards for clustered buildings listed in Section 7.04.03 (Paragraphs A and B) may be less subject to a site plan approved in accordance with Section 2.05 of the PUD. It is my professional opinion that this procedure was incorporated in the Pelican Bay PUD in order to allow flexibility in determining the appropriate minimum yard and distance between structure standards based on a site plan that is approved in accordance with the requirements contained in that Section. This section requires that the site plan include materials necessary to demonstrate that the approval of the site plan will be in harmony with the general intent and purpose of the Pelican Bay PUD, will not be injurious to the neighborhood or adjoining properties or otherwise detrimental to the public welfare. Planning Staff may .require materials such as plans showing the proposed placement of structures on property; provision for ingress and egress; parking and loading areas; plans for screening and buffering; proposed utilities hook-up locations; refuse and service and required yards and open spaces. A variance xvould only be required under Section 2.7.5 of the LDC if a building did not q as a clustered building or have a common architectural theme, or otherwise did not me. distance requirements of Section 7.04.03 Paragraphs A & B. None of those facts are consi to exist in the case of the referenced SDPA. teas; ac.,.~,~a rrr~ lali~t,~R [I [ ] :t the terett~, fi'ff. Mr. Michael Volpe Page 5 INTP-2003-AR-4306 In Request IV, you have asked for an interpretation as to when the Pelican Bay Service Division is required to review and approve a Site Development Platt, must there be formal action by the Board of the Pelican Bay Services Division or does the Administrator of the Pelican Bay Services~Division have the attthority to approve tl;e Site Development Plan on behalf of the Board. Please be advised that the Collier County Land Development Code does not authorize an "approval" by the Pelican Bay Services Division of an SDP or portion of an SDP or SDPA. Instead, under LDC Division 3.3, generally, and Sections 3.3.5., 3.3.6., 3.3.7., 3.3.9., and 3.3.13, specifically, which afford approval authority to the planning (or development)services director or under Section 6.1.5., to their delegate, this person officially renders an "approval" of an SDP or SDPA. In practice, the director's approval is based on the totality of all recommendations from various staff reviews provided to the director, including in this case, the recommendation of appro;val provided by the Pelican Bay Services Division (Division) based upon its review. The procedures properly applicable to the Division, and its corresponding review authority, appear to be set forth in the Division's Plan Review Procedure and Submittal manual. Therein, the scope 'of review authority is limited to water management and drainage issues in Section IV. D., and . afforded to the Division by Section III,. A. 1. within the developments subject to review of the Division. There is nothing which I've been pointed to or which research has revealed that supports the conclusion that the "Board of the Pelican Bay Services Division" has authority to or is required to take formal action to approve an SDP or SDPA before the County's director may do so. Based upon these procedures and regulations, it is my opinion that the Division Administrator has only the authority to recommend approval of those issues relating to xvater management and drainage and that only such an "approval" xvas provided to the director who formally approved the referenced SDPA on July 21, 2001. Pursuant to Division 1.6 of the LDC, this Official Interpretation has been sent to you via certified mail, return receipt requested. As this is a site-specific interpretation, all property owners within 300 feet of the subject property will receive mail notice and a copy of this interpretation and appeal time frames will be placed in the Naples Daily News. Within 30 days of receipt of this letter, or within 30 days of publication of the public notice, any affected property owner or aggrieved or adversely affected party may appeal the interpretation to the Board of Zoning Appeals. An affected property owner is defined as an owner of property located xvithin ;00 feet of the property lines of the land for which this interpretation has been rendered. An a ~grieved or adversely affected party is defined as any person or group of persons, which will ,~nffer an adverse effect to an interest, protected or furthered by the Collier County Growth M ~age~ Plan or the Land Development Code. A request for an appeal must be filed in writinl state the basis for the appeal and include any pertinent information, exhibits, or oth ;p~i~t~n~ [ information in support of the appeal. The appeal must be accompanied by a $500.00 and processing fee. If payment is in the form of a check, it should be made out to .e Collier County Board of Commissioners. An appeal can be hand delivered or mailed to my a' ent~ogrl~~ the address provided. Please do not hesitate to contact me should you have any further uestions Mr. Michael Volpe Page 6 INTP-2003-AR-4306 Sincerely, Susan Murray, AICP Current Planning Manager, acting as Planning Services Director Cc~ Collier County Board of Commissioners James V. Mudd, County Manager Joseph K. Schmitt, Administrator, Comm. Development & Env. Srv Div. Ray Bellows, Chief Planner Marjorie M. Student, Assistant County Attorney Patrick G. White, Assistant ~2ounty Attorney Alamar Similey, Permitting Supervisor AGENDA No. MAR 0 9 Details Page 1 of 1 I I [ Folio Ne. II 81210002257 Current Ownership II Property Addressll 58S7 CSRENAD,ER BLVD Owner Namell PARCEL J JOINT VENTURE Addressesll 3470 CLUB CENTER BLVD cityll NAPLES II St~tell FL Lega~]l WATERPARK PLACE AT PEL,CAN BAY II TRACT "D" Section II Township II Re.ge II Acres O4 II 4g II 25 II 0 II z~pl1341o3- 359~ I ! sub.o. II 7088oo "~ Use Code IIL, 0 JJWATERPARK PLACE AT PELICAN BAY vACANT RESIDENTIAL II Map No.II Strap No. I Il 4A04 II 708800 D 14A04 1 2003 Final Tax Roll Values J Land Value II $ 3,572,200.00 J(+) Improved Value J[ $ 0.00 I (=) Market Value I~ I (') SOH Exempt Value II , o.oo I '(=) Assessed Value II $ 3,572,200.00 I(-) Homestead and other Exempt Value I[ $ 0.00 I (=) Taxable Value I[ $ 3,572,200.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. Latest Sales History The Information is Updated Weekly. AGENDA I~r.M NAR 0 9'2004 Details Page 1 of 1 I I Folio Nc. Il 8121o0o1753Il Current Ownership Property Addressll 6925 GRENADIER BLVD Owner Namell PARCEL J JOINT VENTURE Addressesll 3470 CLUB CENTER BLVD Ci~Yll NAPLES II State[I FL LegalI WATERPARK PLACE AT PELICAN BAY I TRACT "C" zipl134114- 0816 I Sect, on tlTow.ship II ~anoe II Acres II Map NO. I 04 II49 II 25 II 0 II ,~A04 ~ Use Code II o IIWATERPARK PLACE AT PELICAN BAY VACANT RESIDENTIAL Millage Area II Strap ,o.I II 7o6600 c 14A04 I II ~ M.,a~ I II 13.258, I 2003 Final Tax Roll Values [ Land Value [(+) Improved Value [ (=) Market Value (-) SOH Exempt Value [ '(=) Assessed Value [ (-) Homestead and other Exempt Value I (=) Taxable Value II 3,572,200.00 It Date $0.001[ 0312000 3,572,200.00 I $ o.oo i i $ 0.00 I 3,572,200.00 ] SOH = "Save Our Homes" exempt value due to cap on assessment increases. Latest Sales History Amount $ 0.00 I The Information is Updated Weekly. MAR 0 9'2004 L~ ~',01: FL-03-25171-2 11/24/2003 03:00:08pm Page 63 of 66 001903 OR BO0~ 000896 PAG£ £X~IBI? 1P MAR 0 9 2006 '~E01: FL-03-25171-2 11/24/2003 03:00:08pm Page 64 of 66 001903 000897 OR B00X PAOE ST. PI]~t~E AT WATERPA~K P~CE, A CONDOMINIL~ A description of a parcel of land, lying In and being a part of Pa~c~l "B,u Polica~ B*y Unit Fifteen, &s recorded in Plat ~ook 18, ~gaa 5 through 14, of ~he Public Roco~s of Co11~or County, FloFA~. Sa~d ~el of land ~re pa~lculorly descried 48', rad~u~ of S2~.00 feet, ~rc len~ of 222.12 fee~ a~ ~ chord BEGI~ING' of aa~d ~arcel of land herein described; ~CE com~inu~ng nlon~ =he south line of ~a~d Parcel 'B,' along a cu~o; concave ~o ~ho ~o~h, who~e elole~l are: central a~gZe of a chord that bears South 83' 57' 09" ~est, 121.85 feet to a point District Drainage Ease=en~ ~ENCE slang said easterly line off said P.B.I.D.D.E., the follow- lng t~ [2) 1. Ho~h 09' 59' 40' East, 153.18 feet to 2. ~o~h 38' 14' 46' West, 2~3.~8 feet to THENC~ North 50' 00' '/'HENCE Sou?.h 84' 59' 32" ~C~ South 39' 59' 32' i~{~NC~ North 50' 00' 28" ~CZ Sou~ 50' 00' East, 122.16 feet to e point; East, 138.55 feet to a point; East, 9.16 feet to a point; East, 25S.60 feet to a point: West, 117.91 feet to a point; ~ENC~ South 39' 59' 32" East, 30.50 feet to a point; · ~F~NCE South 50' 00' ~$" We~t, ~9.25 feet to the 'POINT OF BEGIN- NING" of ea~d parcel of land herein described. CONTAINING 2.20 acres of land more or le~s. AGENDA ITEM/,--) MAR 0 9 200 P~.~~_~ .E01: FL-03-25171-2 11/24/2003 03:00:08pm Page 1 of 5 01782398 ~,aN2s P~ 3~ 19 OOLLIER COUNTY RECORDED DZC~ZOH O~ CO~XZNX~ e$ ?I~E A~ WATERPARX P~, ~ CO~MXNI~ ~ ~Y 'INC., both rlorXda co.ora:ions, D/B/A ~lac,, a condomin~, of Collier County, Florida, pu~uant to Chapter 711 of the Florida Statutel. ~e ~claratton of Condominium o~ st. Pierre a~ Water~ark Place, a condoainl~, is hereby a~ended to include that certain ce~lficate of Su~eyor and ~rawings attached thereto. IN WI~3S ~E~OP, GU~ ~Y DE~NT TRUST, INC., and p~L J-~X to Do oxocuce~ Dy ~:s o ~y au~orii~ agent, this Signed, sealed and delivered GULF BAY DEVE~PMZHT TRUST, ~rlnt Usna: P~CEL J-II DEVE~PNENT, INC., N~~~~f ~ ~ a Florida~corporation Print Nan,: STAT~ OF FLORIDA COU]~TY O? COLL2ER The foTegoi~9 Instrument: ~me eokno,ele~kjed m* befQro this ~ day o£ J/UJi,t~.,gx/ , 19~, by AUB~Y J. FEte, ~elidmnt of GuIf ~y ~v~opment Executives, lnc., on behalf of the co.oration. ~e is personally knovn to ~6 .an4 d.~d not take an oath. ~ ~ P~S ~-ffi ULIC ~ ~ ?tin: Ne': Hy Co~i~ton Page 1 of 2 ri 'AGE01: FL-03-25171-2 11/24/2003 03:00:08pm Page 2 of 5 O01gO7 001900 OR BOOK PAGE BTATg OF ~ YORX C0t;XTY O? ~ YORK dsy o[ __ ~ , 1993~by T~HI ~0, Preaiden~ ~onally ~ ~o ~ and did not ~ake an oa~. No~a~ ~lic Co~ission No. Ny Co~lssion Explrest CSEAL) This lnstru~sn~ prepare~ by: Xirk 3. Woodward, Esquire 801 Laurel OaR D~., suite 640 ~lples, ~lorlda ..... .01: FL-03-25171-2 11/24/2003 03:00:08pm Page 3 of 5 001907 001901 The under~Sned, a su~eyor, duly authorized to practice under Plan, Floor Plans) a~ con~ainod la the Declaratio~ of Co2do~lnium wording of the ~claratlon of Condominium of ST. PIE~E AT of the ~11c Records of Collier County, Florida, and the aK~ached ravlng~ are an accurate representation off the location and dimens~ns of ~he improvements described and, further, tha~ such ~terlal, ~ere can be de~e~[ned ~he identification, local!on and dimensions of the co~on elements and of each unit and, where applicable, the limited co.on =lement~. Ail plammed improvements including, bu~ no~ ~tml=ed to, landscaping, utility semites and access ~o the u~t and co.on fzclll~les se~lclng the bu[ld~ngs which the units are located, are substantially completed. Florid( ~ated: / Associates, Inc. ;rtificate ]~o. __~anuarv 14, 1~94 AGENDA ITEM MAR 0 9 200 . P ~JV~AGE01: FL-03-25171-2 11/24/2003 03:00:08pm .... , ....',,,;. }1,,. ~ d ,I. l.I ~ ~r. , ~ .: ~ ,.d,,..,l~ ~,,~ ~j. , · . ~. t~ , ~ ,I. ' Il, : :i I I I .% Page 4 of 5 ~AR o 9'200z~ E,- .GEO1: FL-03-25171-2 11/24/2003 03:00:08pm Page 5 of 5 Illlliitlilitlt:lllifl ! · Ilfllllll :l! .[ . Illllllll [lllll!lthlllllllm [ itl'It itlll]lllill ill]llllhl ll i:~l!~lli ,l].II~,,,,.: ,,:i, '.I,-I,~ltl,,i,I,l',l.~,.' .llllll illlllll Iii: [ll: I~" . 'll[l:ll II ,. : ;*'1: 'll[I "i,.i.i [! ih % iit!li i,: 'i'l .... ' ' ....... C(:X~I I. fk~llM [. II¢~J. Ctlllf f -:;- MAR 0 2~ ~ ~~1 24/2003 03.'O0:08pm ." . 0'01907 001901 The undersigned, a eurveyor, duly authorized tS practice under the lew~ off the S~ata of Florida, her~2 ce~lfiea ~ ~e con- PI~, Flor Pla~) as contalnod in ~e kclaraklon of of ST. PX~ AT WAT~P~ P~CE, a condominl~, k~mther wt=h w0rdl~ of ~e Declaration of Condomini~ of ST, PX~ AT t~er wl~ ~e drawl~ reco~=d in O.R. ~ok 190], a~ page of ~e ~lic Records of Collier Court=y, Florida, a~d ~e d~nsions of ~a lmpr~oments described and, luther, ~at from ~u~ ~terial, there can be dete~ined ~e identification, ~ dl~ions of ~e co,on el~entl and of each ~lt and, where lnoludi~, bu= no= limited ~o, landscaping, utility me~cem and whi~ ~e un~te are l~ated, are s~stantially completed. ,...... ,p~ ~i~icate Ho. Dated: January 14. 1994 Page 3 of 6 A~A ITEM MAR 0 9 ................... llll I , '~I: FL-03-25171-2 11/24/2003 03:00:08pm Page 4 of 6 I i':~i' pi~t:~i~ '"'"'""" "'~ ~'": ,,:,,... ,_...~ , , ,] I:,l, I "'"':"' !ii ':'~:' ,%/ · ,, j .~ ~ i!llll~ll hal Itl I II J IJ · · "' Ill'Iii~i Jjl_,~,J,l.,J, i~j I ~1,~ .I '1 '~ ., ~ ,.' ~ ~l'ql[ o . . ;: -~',' j,~i~ .... ~ I I ~,, : 1'"~' ' MAR 09 200~ti j d ' I l!!.lll!lll]!, · II lJllliilllqlllilllIi 'I i-:i--th,.imii' l~lllllll .......... :' ~1 ll:nlrml~!ll!lll!:: i{ ' Page 5 of 6 AGENDA.t-I'" H/~R o ~ ;01: FL-03-25171-2 11/24/2003 03:00:08pm Page 6 of 6 ! ;E01: FL-03-25181-2 11/24/2003 03:30:19pm OR: 2277 PG: 1859 £X~I BIT 1-D Legal Description of St. Laurent at Waterpark Place Parcel Tract "B" of Waterpark Place ak Pelican Bay as recorded in Pl&t Book 19, pages 19 through 21, a Replat of Parcel "B", Pelican Bay ~Jnit Fifteen, as recorded in ~lat Book 18, pages S through 14, &ll o~ ~he Public Records of Collier County, Florida. L~SS AND F. XCm_pT PARCELS #A" AND "BN A~ SET FORTH ~ELO$4: PARCEL "A" BRGIN AT THE SOUTHWEST CORRER OF SAID TRACT "B", THENCe- RUN N 38'14'06" W FOR A DISTANCE OF 0.37 FEET; TH]~NCE RUN N ~0'00'28" E FOR A DISTANCE OF 52.87 FF2~T; THENCE RUN S 04'59'31" W FOR A DISTANCE OF 0.51 FEETg THENCE RUN S ~0'00'13" W ALONG THE SOUTHERLY LINE O~ SAID TRACT nB- FOR A DISTANCE OF 52.52 FE~T TO THE POINT OF BEGINNrmG, CONTAINING 19.0 SQUAR~ FF.~T, HORE OR LESS. B~2%RINGS REFER TO THE SOUTHERLY LIN~ OF TRACT aB- AS BEING S 50'00'13" W. PARCEL C~M~EI~CE AT T~E SOUTHWEST CORNER OF SAID TRACT "B", T~ENCE RUN N 05'00'13" E FOR A DISTANc~ OF 52.52 FEET; THENCE RUN N 04'59'31" ~- FOR A DISTANCE OF 25.86 FE~T; ~F. NCE RUN N 49'59'42" E FOR A DISTANCE OF 4.20 FilLeT TO THE POINT OF I]E~INN~NS OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N 05'00'28" E FOR A DISTANCE OF 1.47 FEET; TIiEI~C~ RUN lq 50'00'28" E FOR A DISTANCE OF 122.16 FEET; TIiENCE RUN S 84'59'32" E FOR A DISTANCE OF 1.43 TI~JNCE RUN S 49'59'42" W ALONG THE SOUTHERLY LIN~ OF TRACT "B" FOR A DISTANCE OF 124.21 FEET TO THE POINT OF BEGINNING, CONTAINING 126.3 SQUARE FEET, MORE OR LESS. ~kRINGS REFER TO THE SOUTHERLY LINE OF TRACT "B" AS BEING S 49'59'42" W. Page 68 of 70 MAR O 3E01: FL-03-25181-2 11/24/2003 03:30:19pm Q. GRADY MINOR & A$SOCIATE~, P.A. Civil F.n~r$ · Land Surveyo~ · MARK W. MINO~ P.F- C. D~sN ~ITH, P.~- DAVID W. St,.~ldFFr, in.l: CERTIFICATE OF SURVEYOR Page 3 of 30 AI.~N V. ~ RC>m~RT W. THRqNt~ A.LC.P. ~ V. $ANDOVAL. P.~LM. Eric V. Sandoval, of Lee County. Florida. hereby certify: That I am a r~gister~ surveyor and mapper holding certificate number $22.3. authorized to practice in the Slale of Florida as psovided by the laws of the State. That tl~ construction of ll~ improvements, ooml;a'ising St. Lma'em at Walza~uk Place, A Conctominimm is substantially complete so that the mp~__m4al, together with the Provisions of the d~lamtion describing the condominium properS' is aa accm'atc regrcsentafion of the locatioa and dimensions of the impmvcnneats and so that tlg id~tifg~tion, location and dimensions of thc common clements and of ~ach unit can be ~ fiom tbeae ~s. Sigr~: All plmmed improvements, including rna not limited ~, landscaping, utili~' services and access to the unit, ~ common elements, facilities serving the building in which lhe units to be conveyed are located have been ~ly completed. o ~f__,~_'or~ Surveyor a~'J~i~ "~-.:: Stale of Florida. Licens~ CNumUer.. F $1JR¥1~V G~.I. MAR 0 9 '2C2~ tX ~,E01: FL-03-25181-2 11/24/2003 03:30:19pm Page 4 of 30 DATE: TO: FROM: February 6, 2003 Margaret Wuerstle, AICP, Director Planning Services Ray Bellows, Chief PLanner Current Planning Section SDP-2001-AR-412, Waterpark Place @ Pelican Bay (Cap d Antibes) In response to Joe Schmitt's request, I am sending you a summary of the review issues and concerns raised by Dr. Raia for the above referenced petition. He is scheduled as a public petition agenda item on the February 11, 2003 BCC meeting. He is seeking the revocation of the Cap d Antibes site development plan (SDP) on the grounds that the SDP is not in harmony with Pelican Bay, is not a cluster development, does not meet setbacks, is injurious to the neighborhood and will not meet fire safety. Before I respond to each of Dr. Raia's accusations, please note that SDP-2001-AR-412 was approved by Planning Services staff subject to stipulations contained on the approval letter of July 20, 2001. This approval includes a stipulation that all of the Pelican Bay PUD related conditions of approval shall apply to this SDP project. In addition, permits from all other agencies having jurisdiction over this project shall be obtained prior to the start of construction. These other agencies include a review for fire protection. Issue #1: The SDP is not in harmony with Pelican Bay. Because the subject site is designated as Group 4 Residential on the Pelican Bay PUD Master Plan, it can be developed with multi-family residential buildings with a maximum height of 200 feet. Furthermore, there are no specific massing standards as to the width or depth of multi- family structures except for compliance with the minimum yard and building code requirements. It should be noted that Section 2.05 of the PUD requires that the petitioner submit a written request (application) for SDP approval. The request shall demonstrate that the approval of the site plan will be in harmony with the general intent and purpose of the Pelican Bay PUD Document, will not be injurious to the neighborhood or adjoining properties, or otherwise detrimental to the public welfare. Because the Pelic Bay PUD Document and the Land Development Code (LDC) does not define harmony is the planner's best professional judgment to determine if a proposed site plan is harmony with the general intent and purpose of the Pelican Bay PUD docume tO AO~N[)A IT?__~ ~n in MAR 0 9 200 Furthermore, the SDP review procedures require that the Cap d Antibes SDP meet all applicable code requirements thereby ensuring the project will not be injurious to the neighborhood or to adjoining properties, or otherwise detrimental to the public welfare. Issue #2: The SDP is not a cluster development, In regards to the definition of clustering, the Pelican Bay PUD document doesn't define clustering within Multi-family Tracts, as permitted in the Group 4 areas of the PUD Master Plan. The Land Development Code also doesn't define clustering for Multi-family Zoning Districts. However, Section 2.6.27 of the LDC does define clustering of single-family zoned dwellings. Based on the lack of definition for multi-family projects, the Current Planning Manager (at the time of the first SDP submittal for clustered buildings within Pelican Bay) had determined that the intent of the clustering provisions of Section 7.04.03 (C) of the Pelican Bay PUD includes high-rise multi-family buildings. It should be noted that most of the existing multi-family projects on lands designated in Group 4 on the Master Plan have also been deemed '~cluster projects" and have been reviewed, approved and constructed as an architectural theme project with reduced setbacks. Issue #3: The residential towers do not meet setbacks After reviewing the Current Planning checklist in CD+ for this project, Ron Nino (the planner at that time and who was assigned to all Pelican Bay projects) had rejected the site plan after his first review of the project. He had requested that the petitioner provide justification for the reduction in setbacks as provided for in Section 7.04.03 (C) of the Pelican Bay PUD. This Section states that the minimum yards and distance between structures may be less than the minimum standards listed in Section 7.04.03 (A) and (B) if the buildings are determined to be clustered buildings with a common architectural theme. This determination required the approval of a site plan in accordance with the procedures provided in Section 2.05 of the PUD document. Because the Pelican Bay PUD is also silent on the architectural theme and design criteria, the multi-family architectural theme criteria were derived from the closest fit in the LDC. The closest fit is the architectural theme criteria for single-family dwellings as provided in Section 2.6.27.4.6 of the LDC. As a result, the Current Planning Manager determined that the architectural theme standards developed for single family projects can be used to determine if a multi-family project within Pelican Bay could qualify for the reduction of development standards as allowed 7.04.03 (C). Based on this determination, the petitioner resubmitted the site plan to address staff's concerns and comments raised during the review of the SDP, which included letters from three (3) architects describing how the project complies with the architectural theme requirements for clustered buildings. The letters state that the architectural style of the proposed buildings is similar in design and in the use of materials and color. That Waterpark Place will have a signature entryway, which serves to identify the development as having a common architectural theme, landscaping, paving surfaces and a common wall along Pelican Bay Boulevard which is common to the entire Waterpark Place Development. Lr street materials, additional signage and lighting will be complimentary and throughout the project's access ways. le MAR 0 9 200q [ Issue #4: This multi-family development is iniurious to the neighborhood and will not meet fire safety codes. The purpose and intent of the site development plan review process is to ensure compliance with the appropriate LDC regulations prior to the issuance of a building permit. It is further intended to ensure that the proposed development complies with fundamental planning and design principals such as consistency with the Growth Management Plan; the layout, arrangement of buildings, architectural design and open spaces; the configuration of the traffic circulation system, including driveways and emergency access; the availability and capacity of drainage and utility facilities; and, overall compatibility with adjacent developments. As a result, this proposed residential development was reviewed and approved for fire safety subject to the prohibition of the accumulation of combustible materials on site. The proposed fire hydrants must also be operable with minimum required fire flows while improved stabilized emergency apparatus access ways must be available to within 100 feet of structures. In addition, the building permits would also have to be approved for fire safety. Because all of the various review staff had approved this project, they had determined that the project would not be injurious to the neighborhood. In Summary, SDP-2001-AR-412, Waterpark Place @ Pelican Bay (Cap d Antibes) has been found to be consistent with the applicable codes and regulations; therefore, this petition has been deemed not to be injurious to the Pelican Bay community. Lastly, it is my professional opinion that the procedures followed during the review and approval of SDP-2001-AR-412 were consistent with the requirements of the LDC. and with the previous SDP approvals within the Pelican Bay PUD for similar multi-family residential projects. Lastly, this project, if submitted today could still qualify for the same setback reductions since the Pelican Bay PUD still contains language in Section 7.04.03 (C) that permits the minimum yards and distance between structures to be less than the minimum standards listed in Section 7.04.03 (A) and (B) if the buildings are determined to be clustered buildings with a common architectural theme. If you have any questions, please do not hesitate to ask. Cc: Joseph K. Schmitt, Administrator Susan Murray, AICP, Current Planning Manager Connie Johnson, Community Dev. & Env. Svcs. Administrative Assistant 0 g '200 Naples Daily News: News Page 1 of 2 Naples Daily News To print this page, select File then Print from your browser URL: http://www.naplesnews.com/npdn/news/article/O,2071,NPDN_14940_2471006,00.html Moorings residents looking for support in changing neighborhood zoning By DIANNA SMITH, dlsmith(i~uaplesnews.com December 2, 2003 Some local Naples residents plan to keep their aging upscale neighborhood from turning into a winding maze of megahouses. Ihe leaders of the Moorings Property Owners Association are surveying the estimated 900 residences in the neighborhood by phone and mail, asking residents if they ~vould support changing the neighborhood's zoning district and standards. Dan. Castaldini, a member of the association who has lived in the Moorings for t~vo years, told the Naples City Council on Monday that if the group can get 75 or 80 percent of the neighborhood's support, the association wants to work with the city and change the neighborhood's zoning district and standards so it can keep what he calls "megahouses" out of the Moorings. "We're all little ranches," he said after the council meeting. "Now all ora sudden they're putting in megahouses." Castaldini said the Moorings is getting bombarded with homes that don't blend in with the rest of the neighborhood. He says the homes are too large, too tall and built too close to the property line of existing homes. The Moorings neighborhood -- situated west of U.S. 41 and near Golden Gate Parkway -- is a single-family zoning district, which includes zoning standards that also apply to other neighborhoods zoned single family, such as the Old Naples neighborhood. Members of the Moorings association want to be zoned separately as a single-family zoning district so they can make changes to the zoning standards, such as reducing the amount of building on a lot, which would only apply to the Moorings. Castaldini said the current set of standards contains loopholes. He wants the gaps closed so builders cannot build megahomes, which he says have a negative impact on their neighbors. "We get calls sometimes on a daily basis from disgruntled residents," Castaldini said of the associa .ton. AeiENOA ITEM "Builders have no regard whatsoever for the surrounding property owner. They could care less wh~ happened." Ron Lee, director of the city's community development department, said the city is xvilling to work association members. "All the houses that are built meet the code, but there's a perception that the way the code is written adveqSf!y affect the adjacent neighbors," Lee said. vithlvlAR § § 2~tt Naples Daily News: News Page 2 of 2 The city has worked with property owners associations before regarding the megahouse issue. Almost two years ago, Lee worked closely with Old Naples association members who wanted new homes to be built in proportion to the lots. But the proposed standards created for that neighborhood weren't well-received by developers and some city officials so the council didn't approve the standards. The city also tried to create a megahouse ordinance that would have included neighborhoods throughout the city. That also failed before the council. Since then, Lee said, the city has encouraged neighborhoods to try to create their own standards as opposed to encouraging the city to make citywide changes to ordinances. Copyright 2003, Naples Daily News. All Rights Reserved. AC.-,ENDA ITE. I~" lqp , 0 9' 200 Naples Daily News: News Page 1 of 2 Naples Daily NeWs To print this page, select File then Print from your browser URL: http://www.naplesnews.com/npdn/news/article/O,2071,NPDN_14940_2471014,00.html Vanderbilt Beach: Building suspension could be extended By KATHRYN HELMKE, kehelmke~maplesnews.con~ December 2, 2003 The controversy over building in Vanderbilt Beach could have another year to simmer. Because of long meetings and complicated material, Collier County staff is exploring the idea of again extending a building moratorium on Vanderbilt Beach. The moratorium went into effect in January 2002. It was supposed to end last January, but xvas extended to Jan. 31, 2004. Faced with the need for further study or controversy among county commissioners over the recommended proposal, commissioners can choose to extend the moratorium, Assistant County Attorney Marjorie Student said. More than two years ago, Vanderbilt Beach residents objected to what was beginning to happen in their community. They opposed tall and dense buildings that the county's Land Development Code allowed. New building was stopped, and a study of the beach's residential-tourist zone began. In those two years, county government and Vanderbilt Beach community organizations have separately studied the area. The county presented its building proposal to the Collier County Planning Commission in October. The concerned citizens brought for~vard their own. The sides didn't agree. County staff proposed that building heights remain at 100 feet and suggested eliminating a 25-foot bonus that's allowed in the current law. The staff recommended that density stay at 16 units per acre. The community's alternative reduced building heights to 54 feet and density to 3 units per acre. After asking the two sides to compromise, the Planning Commission instead did all the negotiating. In November, the panel decided to reduce the building height in the Vanderbilt Beach residential from 100 feet to 75 feet and decreased density from 16 units to 4 units per acre. The recommendation is supposed to be heard by county commissioners at 5 p.m. on Dec. 10. But the negotiating may have taken too long. It took two meetinos each hours-lon~, for the Planrfin~ Commission to v0.te Durin~ the hast twa monthq th~ :ourisb~A ITEI~ I~ 7 MAR 0 9 200q pg. _Naples Daily News: News Page 2 of 2 panel has had four meetings about proposed Land Development Code amendments, of which the Vanderbilt Beach study is a part. County commissioners will have two meetings to hear the same material. On Jan. 7, the commission is slated to vote on the amendments. "I think there's some concern out there that this is a huge topic, that this won't be complete when the moratorium runs out," said Lisa Koehler, public information officer for the Collier Community Development and Environmental Services Division. At 5:05 p.m. Thursday, the Planning Commission will hear from community development staff and the county attorney about extending the moratorium. The planning panel ~vill decide whether to recommend that alternative. Student said she isn't sure how long the proposed moratorium will last. "They won't extend the moratorium until they kno~v if they need more time," Koehler said. The county staff's proposal won't change or be revised if there is an extension on the moratorium, Koehler said. ...... It's complete," she said of the county's proposal. But/tfter two years, some people are ready to see this decided. "We're anxious to get this resolved," said Diane Ketcham, president of the Vanderbilt Beach and Bay Association. "We've worked for two years." Together, the Vanderbilt Beach Property Owners Association, Vanderbilt Beach and Bay Association and Save Vanderbilt Beach represent 3,100 households. The three associations have been meeting with county commissioners and are looking toward Dec. I0 as an important date. Ketcham said the organizations will show up Thursday to monitor what's happening. "The staffs actions are al~vays a mystery to us," Ketcham said. Copyright 2003, Naples Daily News. All Rights Reserved. AGENOA [~ MAR 0 Agenda 10/22/2002 R Page 2 oi 2 ]ffemar~mium of Agreo~me~t/Letter ~f Uild~r~l~udtn£ Thlm ~ a L~t~r cfi Undam~ndln0/Memom, ndum of ~~ ~n the of ~ Coun~ ~nag~ ~d the P~l~n Bay Mun~l~l ~1~, Te~0 and ~ ~ ~ ~emd a~ ~van~ ~ the ~lllo ~ a Mun~l~[ Tax~g ~d ~ Unit, ~ ~ that ~d the mat e~c~t ~ ~ ~ ~ N~ I~ ~o~ Commie ~ p~m ~d ~utl~ as may ~ur~ O~lnan~ No. 2002-~, fha ~ce ~the ~ Man~er ~a this t. Th~ ~e~Fu~lom. Powam s~ DurUm ~ ~e ~t~ ~ Iliad ~n ~on ~1~ ~ O~an~ N0. 2~2 - ~ em 8 ~11 and Z Th~ ~ Cowry Manager ~all ac~[ ~e ~1~ ~ t~ ~mmi~ ex.elBe ~ decielon e~ ~t~( ~ the d~ t~ day o~e rslell~g pupae anU p~r= ~ I~ ~llcsn Bay Mun~10al ~lce, Ta~ng end ~ Un~ In conY0(~n~ with Section T~l~fl ~ Omlnan~ ~. 2002 · t~ ~um e~n[ ailowed ~ law, u~ and e~apt when ie ~m~ overdd~ govem~ntal rea=on ~ do 3. T~t all ult~t~ admi~m~ a~d m[n~rlel power, r~p~n~bl{IUea, d~cl~to~, end ~nlrol ra[at~ to tbs ~e~toos ~ the Pe~n Bay Mu~lo~l Se~l~ Ta~ng a~ Benefit Un{t am ap~pr~ly re~ined by ~e Offi~ ~ t~ Gou~y Manager. in ~noe ~ O~e~a ~72 o~ a~g (Cc[liar Cowry ~mln~r o~rnan~as), u~e~ tho ~l~y d~[on of t~ ~a~ ~ ~nty Co~l~lone~ th= ~ ~ BOa~ ~f the P~l~n Bay M~pal SaUce, Taxtn~ and Benefit En~ I~ t~i~ , day ~ _, 2~2, Approvad for fc~m and legal sufficiency OCr ! 2 2{)o2 pagela'4 of 983 'I Powered by b~scrFich¢ Wcbtink v$.~l: Registered to Collier Co~nty Clerk of Court filc://C:\Documents%20and%20Settings\stone_w\Local%20Settings\Temp\Agenda%2010-... 1/30/2003 Pelican Bay PUD Ordinance MAR 0 9 200~, i ORDINANCE NO. 93- 63 AN ORDINANCE AMENDING ORDINANCE NUMBER 77-18, ICH ESTABLISHED THE P~ICAN BAY PUD, AS ENDED, BY PROVIDING FOR= SECTION ONE WHICH ~ENDS SECTION 2.12, THE RECREATIONAL ~ACILITIES SCHEDULE, BY CHANGING THE ~SCRIPTIONS OF C~RTAIN' FACILITIES AND ADDING 7~EDICATION AND CONVEYANCE REQUIREMENTS; SECTION .%~_-O WHICH AMENDS SUBSECTION A, PRINCIPAL USES, OF SECTION 9.02, USES PEPRITTED, BY ADDING CERTAIN LAND USES; SECTION THREE WHICH AMENDS SUBSECTION B, GOVERNMENT, OF SECTION 12.04, PUBLIC SERVICES, BY CHANGING THE TITLE OF THE SUBSECTION, THE TIMING OF THE REQUIRED DEDICATIONS AND CONVEYANCES,-AND BY ADDING A' LI~T OF IMPROVEMENTS TO BE PROVIDED BY THE DEVELOPER WITHIN THE COMMUNITY PARK TOGETHER WITH THE TIMING OF SUCH IMPROVEMENTS; SECTION FOUR WHICH AMENDS SUBSECTION A, NEIGHBORHOOD PARKS, OF SECTION 12.05, RECREATION AREAS, TO MORE SPECIFICALLY DESCRIBE THE NEIGHBORHOOD PARKS WITHIN THIS PUD DISTRICT, TO SET FORTH THE REQUIRED DEVELOPER IMPROVEMENTS FOR EACH PARK AND TO PROVIDE DEDICATION AND CONVEYANCE REQUIREMENTS; AND SECTION FIVE, WHICH PROVIDES AN EFFECTIVE DATE. SECRETARy OF STATE WHEREAS, on April 19, 1977, the Board of County Commissioners approved Ordinance ~mber 77-18, which established the Pelican Bay Planned Unit Development; and WHEREAS., Westinghouse of Naples, Inc.,' peti~ioned the Board of C~unty Commissioners of Collier County, FlOrida, to amend Ordinance ~m~er 77-18, as amended, by further amending Sections 2.12, 9.02, 12.04 al~d 12.05 thereof; NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that= SECTION ONE= AMENDMENTS TO RECREATIONAL FACILITIES SCHEDULE Section 2.12,' Recreational Facilities Schedule, of Ordinance .77-18, as amended, the Pelican Bay Planned Unit Development, is hereby amended to read as follows= 2.12 RECREATIONAL FACILITIES SCHEDULE The applicant shall cause the following recreational facilities to be constructed subject to obtaining all permits. The schedule for development of these facilities relates to the issuance of building permits according to the following table. Non-compliance with this schedule will result in withholding of additional permits until compliance is achieved. Wordg =truck ~ ..... ~ ~ are deleted~ words ~ are added. AC~NOA ITEM pg. BUILDING PERI[ITS FOR NOT NORE: ~FACILITgf OR SITE 400 Units 700 Units '~lf course 9 holes 9 holes 21%~ouse%~/4~ ~ Canoe Launch-/~ea~ Canoe Dock ** BoardwaLk Neigl~rho~lParks** Government Ad~nistration - · Site/Commu~ity Park Site*** X X 1600 ~nits X X ~bh an- .cnn.= ........ - * C1 o~we for golf ~ ~ = ---==--= 5,000 square feet minimtu~.~ · .~ ....... **- Neighborhood parks.~& ..... a -'-' ............. be tm~rovq~, dedicated and con~eved tO the Pelican Bay of NaPles Foundation. Inc. pursuant to Section12.05A below.- Canoe launch, S=at canoe dockis ~ol~ed.as. part of ne~rh~ par~% -'"~-'"':-:~ .~ ' .~:; *** ~ve~t ~inistration site/co~ity park site =axi-~'~ cf 2~ a=rc= improved, dedicated and conve~ed Collier County pursuant to Section 12.04B below. SE~ION ~O: ~D~S ~ USES P~~ SE~ION S~se~ion A, Principal Uses, of Section 9.02, Uses Pe~itted, of Ordinance 77-18, as ~ended, the Pelican BayPla~ed Unit Development, is her~ ~ded to read as follows: 9.~2 US~ P~ No bUiid~g or st~e, or p~ ~eof, shall ~ erected, alt~ or ~ed, or land or water used, in whole or in p~, for o~ ~an ~e following: A. ~incipal Uses: ~ Parks. Dlav~ounds. Dlavfields and commonly o~ed open .. ~ Gover~ent administration facilities such as a fir~ station, libra~, sheriff's substation.-bra~ch cou~house offices, auditori~. SE~ION ~: ~~S TO P~LIC S~VlCES SE~IoN S~se~ion B, Gover~ent, of Section 12.04, Public Se~ices, of Ordinance 77-18, as ~ended, '~e Pelican Bay Planned Unit Development, is hereby amended to read as follows: 12.04 PUBI~IC SERVICES Government Administration Site/Communitv Park Sit9 To the extent not previously dedicated and conveved. ~ ~t_wenty (20) acres located in the vicinity of the' Community Commercial parcel near Vanderbilt Beach Road and U.S. 41 will be dedicated and conveyed to Collier County immediately uuon the completion of the communitv DaF~ Words ~ u =.rue.. ~ ~h are deleted; words~are added. --2-- MAE 0 9 ~mDrovements described below. ~- ~ .... ' d~=lllng "-~' .... ~''-~ The major portion of this area is intended to serve as a community park with the minor portion to be used for such things as fire station, library, " sheriff's substation, branch courthouse offices, auditorium, etc. Non-administrative uses Such as open storage equipment yards and other non-compatible government functions shall not be permitted within this site. The applicant shall be given the opportunity to review the architectural plans for any facilities planned for this area prior to their construction. Within the community Dark. ~he developer will. at its expense, provide the followina improvements: · Eiaht ~8~. Har-Tru or hard-surface {as the Co%mtv shall elect) reaulation tennis courts funll~hted%. · One ~1~ reaulation combination soccer]softball field ~unliahted~. · One ¢1~ reaulation basketball court Cunliahted}~ · One ~1) re~ulation volley ball court funl~ahted)~ · Four ¢4~ reaulation racauetball courts ~unliahted~. · One ~1~ community Dark-sized shelter containina one ¢1~ male restroom and one {1} female restroom. · Parkina lots at CountY-aPproved access Doints within the Dark that contain aDDroximatelv 57 Darkina spaces, whi~ ~eet state a~d county standards for handicapped and other reauirements Cunliahted~. For DU~DOSeS Of this section use of the words #as existina#. "liahted# and "unliahted" is for the sole DUrDOSe of describina the capital improvement obliaation of t~ Westinahouse Communities of NaDles. Inc.. and is not to construed as a limitation on improvements for each of caD~tal improvements described above, The community Dark improvements shall be comnleted by Ju~,~ 30. 1994. unless completion ~s delaved because 9~ circumstances beyond aDDlicant,s reasonable control, in event, the community Dark ~Drovements shall be completed soon as reasonably uossible thereafter. SECTION FOUR: AMENDMENTS TO RECREATION AREAS SECTION Subeection A, Neighborhood Parks, of Section 12.05, Recreation Areas, ~f Ordinance 77-18, as amended, the Pelican Bay Planned Unit .Development, is hereby amended to read as follows: Neighborhood Parks Words utruck .t.rcu~.. are deleted; words u de_~ are added. A~OA As More particularly described below, land for neiahborhood parks, toaether with certain neighborhood Dark facilities will be dedicated and conveyed to the Pelican BaY of Naples Foundation, Inc. as neiahborhood parks for exclusive use the residents of Pelican Bay on or before June 30, 1994. 'r~e ~DDlicant shall install and constr%~ct, at its expense, ~ertain improvements within the nei~hborhood.Darks. ~ne location and ~i~ of the neluhb0rh0~ Dar~ and Oe~orl~10n of the existin~.imDrovements and the improvements to b~ constructed within such parks are listed below: 1. The commons (9.56 acres): ' · -~dm~nistration.buildin~ {as. existin~). -Eiaht {8) Har-Tru tennis-courts {as existina~.. ~ Two-C2.) hard-surface tennis courts {as existina~. Tram turnaround {as exist~na~. .Tennis buildin~/shelters Cas eXistin~). . ~arkin~ for 195 cars (as existin~l. . One .¢l).tot lot-'¢as,existin~). '.. '~ · Two~if2)"re~utation'horseshoe'.Dits,'¢.un~tahted). · Two {2) regulation shuffle board courts {unliahted~. 2. South Beach Facilitv and Boardwalk (3.43 acres~: - Two {2% restaurants fas existina~. · Pavilion (as existina) · Parkin~ for 130 cars (as existin~. · Two ¢2~'Tram shelters fas existin~:'' 3. Ridoewood park {3.73 acres1: · ~xercise.trail fas existina~. - Ficnic facilities Cunliahted~. · 0~e (1) tot lot {unliahted). ~...,~. ~arkina for six ~6) cars Cunliahted~ ~_. : Exercise;nature trail {as existing). ~ .... :_.Tot lot {as existin~%. _ 5. North Station Park (4.7 acres%: Tram stora~elshelter buildin~ {18' x 34'~. Pa~kin~ for 50 cars Cunli~hted~.- 6. Hammock Oak Park 47.97 acres): ~ Eight ¢8% Har-Tru re~lation tennis courts (liohted~, · Two ¢2~ re¢~lation horseshoe nits {liohted). · - TWo (2) re~ulation shuffle board courts {li~hted~, · Tennis buildino with. office and storaoe space and one (1) male restroom and one {1) female restroom {approximately 20' x 30'}, · Parkin~ for 24 cars {li~hted). For PUrPOSes'of this section use of the words "as existin~". "liahted" and "unli~hted" is for the sole DurDo~9 Of describin~ the capital improvement obli~ation of the Westinghouse Communities of Nanles. Inc.. and is not to construed as a limitation on improvements for each of the capital improvements descr~be~ above, The neighborhood Dark improvements shall be completed ~0t later than June 30. 1994. unless such completion is delaved because o~ circumstances bevond applicant's reasonable control, in which event, the neighborhood Dark imDrovement~ shall be comp%eted as soon as reasonably Possible thereafter. To the e~tent not previousl~ dedicated and conveyed, tho lands for the neiqhborhood parks shall be dedicate~ and conveyed to the pelican ~ay of Naples Foundation, Inc. immediately u~on completion of the neiqhborhood park improvements, Words-=truck ~ ..... ~ ~ are deleted; words underlined are added· --4-- AGENDA I~ O 9 SECTION FIVE: EFFECTIVE DATE This Ordinance shall become effective upon receipt of notice from the secretary of state that this Ordinance has been filed with the secretary of State. PASSED'AND DULY ADOPTED bY the Board of countyW . . ~c°mmissi°ners of Collier Coullty, Florida, this /?/ day of ~ 1993. BOARD OF COUNTY COMMISSIONERS COLLIER ~OUNTY, FLORIDA BURT L. SAUNDERS, CHAIRMA~ Words =~ruc~ iht=ugh are deleted; words~ are added. AOENDA ITEM 0 9 200 ~' ' ORD'rNANCE 90- 66 IT DEVELOPMENT BY AMENDING THE FOLLOWING SECTION THE ORIGINAL PLANNED UNIT DEVELOPMENT DOCUM~. S: ION VII, GROUP 4, SUBSECTION 7.03, USES ITTED, PARAGRAPH C - PERMITTED ACCESSORY USES ~~ A~D STRUCTURES, BY ADDING TENTS AS A PERMITTED ~CESSORY USE TO HOTELS AND MOTELS IN THOSE AREAS ~SIGNATF. D A~ GROUP N ON THE PLANNED UNIT AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Westinghouse Communities of Naples, Incorporated, the developer of Pelican Bay, petitioned the Board of County Commissioners of Collier County, Florida, to amend Ordinance Number 77-18, as amended, The Pelican Bay Planned Unit Development Document, in order to permit tents to be used for certain functions on hotel properties; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida= SECTION ONE: Amendments to Section VII, Group 4, Subsection 7.03, -Uses Permitted, Paragraph C, Permitted Accessory Uses and Structures, of Ordinance No. 77-18, as amended. Section VII, Group 4, Subsection 7.03, Uses Permitted, Paragraph C, Permitted Accessory Uses and Structures, of Ordinance No. 77-18, as amended, is hereby amended to read as follows= C. Permitted Accessory Uses and Structures= 1) Private boat docks, with or without boat hoists, on ~ waterfront lots, not protruding more than five (5) feet into the water~ except if such waterbody has a width of one hundred (100) feet or more, the dock may protrude not more than twenty (20) feet into such waterbody, provid~ng, however, that no boat is used as a residence. 2) Non-commercial boat launching facilities and multiple docking areas. 3) Customary accessory uses and structures, including private garages. 4) Signs as permitted by the Zoning Ordinance of Collier County. 5) Model dwelling units shall be permitted in conjunction with the promotion of the development. Such model units shall be permitted for a period of two (2) years from the initial use as a model. The Director may authorize the extension of such use upon written request and justification. Words-str~ek-th~e~qh are deleted; words e~are added. AGENOA ITEI~ MAR 0 9 200i Pg. b w h ea e 'o e u w e ot v d ow s s e ~al s s e hotel or motel~ ~ t~ Cr~itte u used et ~event tvDe# social functions~ (d~ ca t e s ' u t ds e e ' ~he view of said tent from a public street shall be deemed acceDtablet fe~ Where a tent is to be erected under ~his section so that it could be viewed from an ad4acent residential area then said view ,.ista ~hall be in accordance with Section 8.37 b of %he Zonino Ordinance and as a function of a Section 10.5 review and approval. (f~ No tent erected under this section shall be located closer than 100 feet to any public ~t~eet and 200 feet to any residentially zone~ 9r used DrODertV. ¢O~ ~0 noise transmission from said tent uermitted ~nder this section shall exceed the snecifications set forth in the Collier County ~oise Control Ordinance 90-17, as amended. (hi ~nv existin~ tents will be removed at the owner's expense prior to the expiration of the one (1% wear period defined in DaraoraDh /~ The minimum size tent structure that may be erected under this seotion is 3,000 souare feet. ¢4~ Tent structures erected under this section ~hall DaY all aDnlicable impact fees as prescribed bv the appropriate County ordinance at the time of an approval of a final Site DeveloPment Plan as provided for bv SubDaraoraDh ¢c% above. Said impact fees are non-refundable UDOn the removal of the tent followino the one Year period of authorization. however if buildin~ permits are issued for a permanent buildino to replace said tent structure within one year followino the removal o~ the tent. a credit aqainst the impact fees and/or system development charoes PaYable for the p~rmanent buildino, un to the amount of the ~haroes paid for the tent shall be'oiven. Tents erected u~der this section shall be clear-span frame structures and not traditional Words-s%~Hek-%½~em~h are deleted; words underlined are added. ! ~ite Dlan reviewt ~ECTIONTWO: Effe~ive Date This Ordinance shall become effective upon receipt of notice from the secretary of state that this Ordinance has been filed with the secretary of State. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Thts ordinonce filed with ~e ~-'~~~0, thortory of St/t,'s~ Words-s~Hek-~h~eu§h are deleted~ words underlined are added. --3-- AGENDA ITEM ----Lb NAR 0 9 200~. ! ! I. ORDINANCE 89- 35 AN ORDINANCE AMENDING PUD ORDINANCE 77-18, WHICH ESTABLISHED THE PELICAN BAY PLANNED UNIT DEVELOPMENT, BY AMENDING THE FOLLOWING SECTIONS OF THE ORIGINAL'PUD DOC~.~ENT: INDEX PAGE BY DELETING NEIGHBORHOOD COM~4ERCIAL - SECTION IX, AMENDING LIST OF EXHIBITS BY ADDING "EXHIBIT L" HOTEL LOCATION RESTRICTION AND EXHIBIT "M" HEIGHT RESTRICTION FOR PORTIONs OF GROUP 4; A/4ENDING SECTION II - PROJECT DEVELOPMENT, SUBSECTIONS 2.08 - RESIDENTIAL, BY INCREASING ACREAGE IN THE GROUP 2 PARCELS, DECREASING ACREAGE IN GROUP 3 PARCELS ~D DECREASING UNITS IN THE GROUP 4 PARCELS, AMENDING TABLE 1 - PELICAN BAY LAND USE SCHEDULE BY ADDING MAXIMUM SQUARE FOOTAGE OF CO~MERCIAL, REALLOCATING CO~IERCIAL ACREAGE AND DECREASING MAXIMUM N~.~BER oF DWELLING UNITS, AMENDING SUBSECTION 2.09 PROJECT DENSITY BY DECREASING TOTAL ACREAGE AND N~.~BER OF DWELLING UNITS TO BE BUILT PER GROSS ACRE, AMENDING SUBSECTION 2.10 PERMITTED VARIATIONS OF DWELLING UNITS AND TOTAL NUMBER OF DWELLING UNITS NOT TO EXCEED 8600 UNITS; AMENDING SECTION VII - GROUP 4, ~J~ENDING SUBSECTION 7.02 - MAXIMT3~4 DWELLING U/qITS BY DECREASING NUMBER OF DWELLING UNITS, AMENDING SUBSECTION 7.03 - USES PERMITTED, PARAGRAPH B.4) - PRINCIPAL USES REQUIRING SITE PLAN APPROVAL BY DECREASING HOTEL UNITS AND PLACING LIMITATIONS ON LOCATIONS, AMENDING SUBSECTION 7.04.04 ~.~AXIM//M HEIGHT OF PRINCIPAL AND ACCESSORY STRUCTURES BY PROVIDING HEIGHT LIMITS FOR CERTAIN RESIDENTIAL AREAS; DELETING SECTION IX - NEIGHBORHOOD COM~ERCIAL AND REN~.[BERING SUBSEQUENT SECTIONS AND SUBSECTIONS; ~ENDING SECTION IX, AS RENUMBERED - ~-,~ COM/~L~NITY AND AREA COM~4ERCIAL SUBSECTIONS, ~?~.A/-~ENDING SUBSECTION 9.02, AS RENUMBERED - ~'~USES PERMITTED, A. PRINCIPAL USES, BY ~DECREASING~ NUMBER OF DWELLING UNITS, ~J.~ENDING SUBSECTION 9.06, AS RENUMBERED - BUILDING SEPARATION BY CHANGING REFERENCE TO SECTION NUMBER, AMENDING SUBSECTION 9.08, AS RENUMBERED - MAXIMUM HEIGHT BY PROVIDING A HEIGHT LI~.IITATION, AMENDING SUBSECTIO~ 9.10, AS REN~BERED - MINIMUM LANDSCAPING BY ADDING ADDITIONAL LANDSCAPE BUFFER, A~4ENDING SUBSECTION 9.11, AS RENUMBERED - LIMITATIONS ON SIGNS BY ADDING DIRECTIONAL SIGNAGE; ADDING SUBSECTION 9.13, 'AS RENUMBERED - SITE PLAN APPROVAL; ADDING SUBSECTION 9.14, AS RENTJMBERED - MAXIMU74 COM]~ERCIAL SQUARE FOOTAGE; AMENDING SECTION XII, AS RENUMBERED - DEVELOPMENT COMMITMENTS, SUBSECTION 12.3, AS RENUMBERED - TR3LNSPORTATION BY PROHIBITING CONNECTION OF CRAYTON ROAD IN PELICAN BA~ TO SEAGATE DRIVE; AMENDING PUD MASTER PLAN AND OTHER IHCIDENTAL CHANGES FOR PROPERTY LOCATED WEST OF US-41, SOUTH OF VANDERBILT BEACH ROAD AND NORTH OF SEAGATE DRIVE IN SECTIONS 4, 5, 8, 9, TOWNSHIP 49 SOUTH, RANGE 25 EAST AND SECTIONS 32, 33, TOWNSHIP 48 SOUTH, RJqqG EAST, COLLIER COUNTY, FLORIDA AND BY PROVIDING AN EFFECTIVE DATE. "Words s%~uek-%h~gh are deleted; words un___derlin -1- AC~J~OA ITeM d are added..- 0 9 200z [ WHEREAS, on April 19, 1977, the Board of County Commissioners approved Ordinance Number 77-18, which established Pelican Bay Planned Unit Development; and WHEREAS, Community Development Division of Collier County and Westinghouse Communities, Incorporated, petitioned the Board of County Commissioners of Collier County, Florida, to amend Ordinance Number 77-18, by amending the Sections and Paragraphs as stated in the Ordinance Title. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: Sections of ordinance 77-18, which established the Pelican Bay Planned Unit Development, as identified in the Ordinance Title and Exhibit "A" as being proposed for amendment, are hereby amended as set forth in Exhibit "A" to read as follows: (See attached Exhibit "A") SECTION TWO: This Ordinance shal~ become effective upon receipt of notice fron the Secretary of State that this Ordinance has been filed with the Secretary of State. / BOARD OF COUNTY COMMISSIONERS '.. . COLLIER~COUNqlY, FLORIDA .'~"~'~TT~S~:~'~ /; BURT L. SAUNDERS, CHAIRMAN ~' JAI~ES C. ~G~-.~S, CLERK.~ ._x :. ..-.- <., ' ',_,, ; c ,// .- // . ASSISTANT COUNTY ATTORNEY PDA-$9-7 ORDINANCE This ordinance filed wi'n~ t~ S~c/~tary of/5~/te's and acknowFedgeme_nt of that fil,~t~ received "Words s~uek-%h~ough are deleted; words und. --2-- Pg. ! f' I INDEX OF CHANGES TO PUD COVER INDEX LIST OF EXHIBITS SECTION II SECTION VII SECTION IX SECTION IX SECTION X. .SECTION XI SECTION XII EXHIBIT "C" EXHIBIT "L" EXHIBIT "M" PAGE i ±i 2-5 2-6 2-7 7-1 7-3 9-1 9-2' 9-3 9-1 9-2 9-3 9-4 9-5 10-1 10-2 11-1 12-1 12-2 12-3 12-4 12-5 12-6 12-7 EXHIBIT A PLANNED UNIT DEVELOPMENT DOCUMENT FOR PELICAN BAY A PLANNED UNIT RESIDENTIAL COMMUNITY BY WESTINGHOUSE COMMUNITIES OF NAPLES, INC. (FORMERLY CORAL RIDGE-COLLIER PROPERTIES, INC.) APRIL 8, 1977 MAR 0 9 '200~. PELICAN BAY'PLANNING TE~M Community Planning ENVIRONMENTAL PLANqgING & DESIGN Miami Lakes, Florida Environmental Engineering GEE & JENSON ENGINEERS-ARCHI~EC~S-PLAN~ERS, INC. West Palm Beach, Florida Biological Studies TROPICAL BIO-INDUSTRIES DEVELOPMENT CO. Miami, .Florida Economic Analysis PL~RCOU, O'LEARY AND ASSOCIATES, INC. WashinGton, D.C. Traffic Design POST, BUCKLEY, S~HUH & JERNIGAN, INC. Miami, Florida Golf Course Design ARTHI3R HILLS AND ASSOCIATES Toledo, Ohio Local Coordinating Consultant WILSON, MILLER, BARTON, SOLL & PEEK, INC. Naples, Florida Legal Counsel SMITH, YOUNG & BLUE, P.A. Attorneys at Law Tallahassee, Florida INDEX LIST OF EXHIBITS STATEMENT OF COMPLIANCE PROPERTY OWNERSHIP.& DESCRIPTION PROJECT DEVELOPMENT UTILITY SERVICES RESIDENTIAL GROUP 1 RESIDENTIAL GROUP 2 RESIDENTIAL GROUP 3 RESIDENTIAL GROUP 4 GOLF COURSE PAGE i± iii SECTION I 1-1 SECTION II 2-1 SECTION III 3-1 SECTION IV 4-1 SECTION V 5-1 SECTION VI 6-1 SECTION VII 7-1 SECTION VIII 8-1 COMMUNITY & AREA CON. MERCIAL CONSERVATION AREA UTILITY AREA DEVELOPMENT COMMITMENTS SECTION IX 9-1 SECTION X 10-1 SECTION XI 11-1 SECTION XII 12-1 i EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F EXHIBIT G EXHIBIT H EXHIBIT I EXHIBIT J EXHIBIT K EXHIBIT L EXHIBIT M EXHIBIT N LIST OF EXHIBITS Evidence of Control of Prcperty Vicinity Map Site Plan Boundary Map Topography Map Soils Map Vegetation Map Pelican Bay Improvement District Act Estimated Unit Absorption Schedule and Population Projection Internal Roadway Requirements Traffic Signal Locations Hotel Location Restriction Height Restriction for Portions of Group 4 Agreement between Collier County Planninc Commission and Westinqhouse Communities of Naples, Inc. ii MAR 0 200 STATEMENT OF COMPLIANCE The development of approximately 2104 acres of property in Sections 32 and 33, Township 48 South, Range 25 East and Sections 4, 5, 8, and 9, Township 49 South, Range 25 East, Collier County, Florida, as a Planned Unit Development to be known as PELICAN BAY will comply with the planning and development objectives of Collier County. These objectives are set forth in the Comprehensive Plan which includes the Growth Policy and Official Land Use Guide, all of which were adopted by the Board of County Commissioners on October 14, 1974. PELICAN BAY will' meet the planning and development ob]ectives for the following reasons: 1) This property is surrounded by developed property on three adjacent landward sides. 2) An arterial roadway is in existence along the project's eastern boundary. There are also roadways along the north and south boundaries of the proposed project. 3) The property is entirely within the boundaries of the Pelican Bay Improvement District which was created by the Florida. Legislature for the purpose of providing water management, potable water and wastewater treatment facilities for the proposed development. 4) The proposed land use mix is compatible with the surrounding uses. 5) The project rates points in excess of the 31 points necessary to determine it to have existing community facilities and services for the residential density and permitted uses of the proposed plan and therefore is not leapfrog growth. 6) The project shall comply with the applicable zoning and subdiv£sion regulations and all other County and State laws dealing with platting and subdividing of property at the time improvements and plat approvals are sought. iii MAR 09 2CO t i P,.. /,2¢! 1.01 1.02 1.03 1.04 1.05 SECTION I PROPERTY OWNERSHIP & GENERAL DESCRIPTION INTRODUCTION AND PURPOSE It is the intent of Coral Ridge-Collier Properties, Inc. (hereinafter called "applicant" or "developer") to establish and develop a planned unit development on approximately 2,104 acres of property located in Collier County, Florida, just north of the City limits of Naples. It is bordered on the west by the Gulf of Mexico and on the east by U.S. Highway 41 (Tamiami Trail). The northern boundary of the property is Vanderbilt Beach Road. The southern edge of the property is bounded by Seagate Drive. It is the purpose of this document to provide the required detail and data concerning the development of the property. NAME The development will be known as PELICAN BAY. LEGAL DESCRIPTION Ail that fractional part of Section 32, lying South of Vanderbilt Beach Road; and alt of Section 33, lying South of Vanderbilt Beach Road and West of State Road 45 (U.S. 41); all in Township' 48 South, Range 25 East Collier County, Florida. ' AND ALSO, all of-Section 4, lying West of State Road 45 (U.S. 41); all fractional parts of Government Lots 1 and 2, Section 5; all fractional part of Section 8; and all of Section 9, lying West of State Road 45 (U.S.~. 41), excepting therefrom the South .70 feet of the Southeast 1/4, and the South 70 feet of the East 158.25 feet of the Southwest 1/4; all in Township 49 South, Range 25 East, Collier County, Florida. TITLE TO PROPERTY The southern 500 acres of the proposed development are owned by Coral Ridge-Collier Properties, Inc. The northern 1,604 acres are under option as described in Exhibit "A", Evidence of Control of Property. GENERAL DESCRIPTION OF PROPERTY AREA The general location of PELICAN BAY, the current zoning classifications of surrounding properties, and nearby land developments are illustrated by Exhibit "B" Vicinity Map. ' 1-1 MAR 0 9 200 . The project site contains approximately 2,104 acres of property with approximately three miles of frontage along the Gulf of Mexico. At the time of this application the property was zoned GRC, RM-1 and RS-4. Certain portions along the western edge of the property were designated "Special ~Treatment (ST)" as shown on Exhibit "B", Vicinity Map. 1.06 PHYSICAL DESCRIPTION Elevations within the project site range from sea level to approximately nineteen (19) feet above sea level as shown on Exhibit "E", Topography Map. The soil types of the site are shown on Exhibit "F", Soils Map and are discussed in detail in Section 20.B.6 of the Application for Development Approval of a Development of Regional Impact. The vegetation on the- site is shown on Exhibit "G", Vegetation MaD and is discussed in detail in Section 20.B.2 of the Application for Development Approval of a Development of Regional Impact. 1-2 MAR 0 9 200 . SECTION II PROJECT DEVELOPMENT 2.01 2.02 2.03 PURPOSE The purpose of this Section is to generally describe the project plan of the development and delineate the general conditions that will apply to the entire project. GENERAL PLAN OF DEVELOPMENT The general plan of development of PELICAN BAY is for a planned residential community incluGing a mixture of single and multi-family dwelling units with commercial areas, golf course, school siteB, governmental facilities sites, neighborhood and community parks and protected beaches and wetlands. GULF-FRONT LAND The applicant recognizes the importance of availability of Gulf-front land for the use of thos~ persons residing within the PELICAN BAY development and for use by the general population of Collier County. The applicant-also recognizes the importance of setting aside large areas which are environmentally sensitive. When the applicant receives all local, state, federal or other regulatory agency development permits, including fill permits, and complete development is permitted in accordance with this ordinance as adopted, the applicant shall satisfy th~ requirements for Gulf-front land use for the residents of PELICAN BAY and the general Collier County population in the following ways: a. The residents of PELICAN BAY: When the above condition is met, the applicant shall file covenants on approximately 530 acres of uplands, wetlands and open water areas, which are environmentally sensitive, including approximately one and one-quarter miles of beachfront immediately north of Clam Pass. The use of this land will be restricted by covenants for preservation, conservation and limited recreational use and this area is identified on the project development map as the area labeled "Conservation". b. General Collier County population: When the above condition is met, the applicant shall convey approximately 36 acres, which includes three-quarters of a mile of beachfront immediately south of Clam Pass to Collier County. This conve,,ance will 2-1 · AC, F-NDA ITF~ 0 9 2.04 contain a covenant restricting its use for a public beach with related recreational activities and in the event that development or fill permits are modified or withdrawn at anytime during the development process without writtcn consent agreement between the applicant and Collier County or in the event that Collier County violates the provisions of the covenant restricting the use of the beach for a public beach with related recreational activities, then and in either one of those events the ownership of the property shall revert to the applicant. The applicant shall reserve a minimum of two (2) acres within the southern portion of Group 4 upon which Collier County may construct a parking lot in connection with any county constructed accessway to the 36 acres of Gulf-front land. The applicant will convey the 2 acres of Group 4 properties to Collier County at the time Collier County constructs a beach accessway. c. ~lhen the above condition is met, the applicant shall develop, on approximately five (5) acres located at the northwest corner of PELICAN BAY adjacent to Vanderbilt Beach Road and the Gulf of Mexico, approximately 120 parking spaces and then convey the same to Collier County for public beach access purposes. The accomplishment of 2.03(a), (b) and (c) above being contingent upon the conditions of 2.03 being met, and the transfer of dwelling units from the ST areas and the placing of conservation zoning thereon being in contemplation of' the conditions of 2.03 being met and the applicant being allowed to develop 98 acres of wetlands in the northwest corner of Group 4; it is specifically understood that, in the event said conditions are not met and the applicant is not ailowed to develop the 98 acres or any part thereof, then to the extent that the applicant is not allowed to develop any part of the 98 acres heretofore described, it is the intent of the applicant to apply for a modification to this PUD document to allow the applicant to develop an equal amount of the Conservation area as Group 4 prcperty. SPECIAL TREATMENT (ST) REGULATIONS The adcption of this document shall constitute satisfaction of the ':SPECIAL REGULATIONS FOR (ST) AREAS OF E)JJIROX?-~ENTAL SENSITIVITY" and the transfer of the applicant's development rights from "ST" lands to "rich-ST" lands, in compliance with the applicable secticns of the Zoning Ordinance of Collier County to permit development as herein described. 2-2 i 2.05 2.06 SITE PLAN APPROVAL When site plan approval is required by this document the following procedure shall be followed: a. A written request for .site plan approval shall be submitted to the Director for approval. The request shall include materials necessary to demonstrate that the approval of the site plan will be in harmony with the general intent and purpose of this document, will not be injurious to the neighborhood or to adjoining properties, or otherwise detrimental to the public welfare. Such material may include, but is not limited to the following, where applicable: 1) Site plans at an appropriate scale showing proposed placement of structures on the property; provisions for ingress and egress, offstreet parking and offstreet loading areas, refuse and service areas; and required yards and other open spaces. 2) Plans showing proposed locations for utilities hook-up; 3) Plans for screening and buffering with referenc~ as to type, dimensions, and character; 4) Proposed landscaping and provisions for trees protected by County regulations; and 5) Proposed signs and lighting, dimensions and character. including type, LAND USE Table 1 is a schedule of the intended land use ~pes, with approximate acreages and total dwelling units indicated. The arrangement of these land use types is shown on Exhibit "C", Site Plan. Variations in acreages shall be permitted at final design to accommodate topography, vegetation and other site conditions. The specific location and size of individual 'tracts and the assignment of dwelling units thereto shall be submitted to and approved by the Director at the time of Master Plan approval of each development phase as required by the Collier County Subdivision Regulations. 2-3 AGENDA'ITEM~'~ 0 9200 2.07 FRACTIONALIZATION OF TRACTS a. When Coral Ridge-Collier Properties, Inc. sells an Entire tract or a building parcel (fraction of a tract) to a subsequent owner, Coral Ridge-Collier Properties, Inc. shall provide to the Director for approval or denial prior to the sale, a boundary drawing showing the tract and the building parcel therein when applicable and in the case of a residential area, the number of dwelling units of each residential group assigned to the property being sold. If approval or denial is not issued by the Director within 10 working days, the submission shall automatically be approved. b. In the event any residential tract or building parcel is sold by any subsequent owner, as identified in Section 2.07(a), in fractional parts to other parties for development, the subsequent owner shall provide to the Director for approval or denial, prior to the .sale of a fractional~part, a boundary drawing showing his originally purchased tract or building parcel and the fractional Darts therein and the number of dwelling units assigned to each of the fractional parts. The drawing shall also show the location and size of access to those fractional parts that do not abut a public street. If approval or denial is not issued by the Director within 10 working days, the submission shall automatically be approved. c. In the event a commercial tract or building parcel is sold by any subsequent owner, as identified in Section 2.07 ' (a), in fractional parts to other parties for development, the subsequent owner shall provide to the Director for approval or denial prior to the sale of a fractional part, a boundary drawing showing his originally purchased tract or bu%lding parcel and the fractional parts therein. The drawing shall also show the location and size of access to those fractional parts that do not abut a public street. If approval or denial is not issued by the Director within 10 working days, the submission shall automatically be approved. d. The developer of any tract or building parcel must submit at the time of application for a building permit, a detailed plot plan for his tract or parcel. Such plot plan shall show the proposed location of all buildings, access roads, offstreet parking and offstreet loading areas, refuse and service areas, required yards and other open spaces, locations for utilities hook-up, screening and buffering, signs, lighting, landscape plan, other accessory uses and structures and in residential areas, the distribution of dwelling units among tka proposed structures. 2-4 MAR 0 200 . 2.08 RESIDENTIAL The information hereinafter provided identifies each residential group; the total acreage p~ group and the total dwelling units per group. a) Group 1 parcels have a total of 278 acres. A maximum of 600 dwelling units will be placed on Group 1 parcels in accordance with Section 4, except as provided in Section 2.10. b) Group 2 parcels include -3-7-1- 390 acres. A maximum of · 2314 dwelling units will be placed on Group 2 parcels in accordance with Section 5, except as provided in Section 2.10. c) Group 3 parcels include ~3~- 116 acres. A maximum of 1686 dwelling units will be placed on G~oup 3 parcels in accordance with Section 6, except as provided in Section 2.10. d) Group 4 parcels include 343 acres. A maximum of 5~ 4000 dwelling units will be placed on Group 4 parcels accordance with Section 7, except as provided in Sectio~ 2.10. 2-5 TABLE 1 PELICAN BAY LAND USE SCHEDULE LAND USE TYPE APPROXIMATE ACREAGE MAXIMUM SQUARE FEET GROSS BLDG.AREA MAXIMb~M NO. OF D.U. RESIDENTIAL Group 1 278 Group 2 3~ 390 Group 3 ~5 116 Group 4 343 600 2314 1686 COMMERCIAL Area ~8 48.7 640,400 Community 26 50.2 454,600 Total 98.9* 1,095,000 *not includinq public roads and lakes PUBLIC FACILITIES Utility 19 Schools 45 Major Public Roads 112 Government Admin. /Community Park 20 (also included in Group 2) (also included in Group 2) OPEN SPACE & RECREATION Conservation Area Golf Course, Tennis Club & Golf Club Neighborhood Parks Philharmonic Hall 570 171 2O 6.5 (also included in Residential areas ) TOTAL 2,104 Acres 9688 8600 2-6 MAR 0 9 200 2.09 PROJECT DENSITY 2.10 The total acreage of the PELICAN BAY property is approximately 2,104 acres. The maximum number of dwelling units to be built on the total acreage is 8600. The number of dwelling units per gross acre is approximately-~r5. 4. The density on individual parcels of land throughout--the project will vary according to the type of housing placed on each parcel of land. PERMITTED VARIATIONS OF DWELLING UNITS Each tract shall be permitted to be developed with the maximum number of dwelling units as assigned by Sections 2.06 and 2.08 provided that the applicant may increase the maximums by not more than 10%; and provided further that the total dwelling units for the entire project shall not exceeed -Q6G~ 8600. The Director shall be notified in accordance with Section 2.07 of such an increase and resulting reduction in another tract so that the dwelling units will be balanced at-O~6~ 8600. 2.11 DEVELOPMENT SEQUENCE AND SCHEDULING The applicant has not set "stages" for the developm~ of the property. Since the property is to be develope~ over an estimated 28 to 34 year time period, any projection of project development can be no more than an estimate based on current marketing studies. The estimate may of course, change depending upon future economic factors. Exhibit "I" indicates, by year, the estimated absorption of units (by unit type) and the approximate population of the project (assuming full occupancy) for ~he estimated 28-34 year development period. 2.12 RECREATIONAL FACILITIES SCHEDULE The applicant shall cause the following recreational facilities to be constructed subject to obtaining all permits. The schedule for development of these facilities relates to the issuance of building permits according to the following table. Non-compliance with this schedule will result in withholding of additional permits until compliance is achieved. FACILITY OR SITE BUILDING PERMITS FOR NOT MORE: 400 Units 700 Units 1600 Units Golf Course 9 holes 9 holes Clubhouse w/Pool* X & Tennis Courts Boat Launch/Boat Dock** X Boardwalk X Nature Trail Neighborhood Parks** Government Administration 5 acres per eat Site/Community Park Site*** first 4,000 UnJ 2-7 X MAR O 9 200 [ 2.13 2.14 2.15 Clubhouse for golf and tennis combined - 5,000 square feet minimum. Neighborhood parks to total a minimum ~= 20 acres. Boat launch/boat dock is included as part of the neighborhood parks. Government administratio~ site/community Park site to be a maximum of 20 acres. AMENDMENT OF ORDINANCE Both the County and the developer, with knowledge that the long range development plan permitted by the ordinance will not be complete for a period of 28 to 34 years, recognize that exceptions, variances, or amendments to this ordinance may be necessary in the future. Obvious%y, there may be changes in Planning techniques, engineering techniques, transportation methods, and other factors that would warrant this ordinance being amended to meet standards of the time. All petitions or requests for exceptions, variances and amendments shall conform with the procedures existing at the time of the application for the exception or amendments. TREE REMOVAL Ail clearing, grading, earthwork, and site drainage work shall be performed in accordance with the approved PUD site plan and all applicable codes. Prior to any such removal, a site clearing plan must be submitted to the Director for r~view and approval to insure that said removal shall be carried out under proper FORESTRY MANAGEMENT PRINdIPALS. Protected trees shall be flagged, clearly marked and/or fenced during periods of construction so as to eliminate or minimize their damage. DEFINITIONS For the purposes of this Planned Unit Development Document: (1) "Recreational Club" means an association established to specifically provide for the conduct of leisure activities, sports activities, hobbies, or games, as well as related acti%ities including but not limited to food service, alcoholic and non-alcoholic beverage sales, locker room and shower facilities, workshops and meeting facilities which further the enjoyment, entertainment, relaxation, and comfort of those persons which the club is intended to serve. 2-8 AGENDA ITEM HAR 0 9 200 2.16 (2) "Hotel or Motel Unit" means a unit designed for transient occupancy' and utilized for rental to transients. A hotel or motel unit may have cooking or eating facilities. A hotel or motel unit shall contain bathing and sanitary facilities. Ail other definitions shall be as contained in the Zoning Ordinance of Collier County. In addition to signage permitted under the provisions of the Pelican Bay Planned Unit Development Document, project identification signage identifying the Pelican Bay community and certain major uses (i.e., hotels, commercial areas, public facilities, recreational facilities and areas) contained within the boundaries of the Pelican Bay planned unit Development are permitted to be located at: A. The intersection of U.S. Road, and 41 and Vanderbilt Beach B. The intersection of U.S. 41 and Seagate Drive, and C. Major roadway and street entrances to Pelican from surrounding roads: Along U.S. 41: at no more than three (3) major entrances; Along Seagate Drive: at no more than one(l) major entrance; Along Van~erbilt Beach Road: at no more than one (1) major entrance; Do Sign Development Standards: 1. These signs replace any signage permitted by the Zoning Ordinance at these locations. The following locations are not included in the locations referenced in C. above: The southeast corner of the intersection of U.S. 41 and the southernmost part of Pelican Bay Boulevard; Laurel Oak Drive and U.S. 41; the west side of the inter-section of Seagate Drive and West Boulevard. 3° All such signage shall be a principal permitted use in all land use categories within the boundaries of the Pelican Bay Planned Unit Development and shall not be deemed or considered to be off-site signage. 2-9 AC.~=.NDA ITEM/') i AR 0 9"200 Project identification signage at the intersections referenced in A. and B. above herein shall not exceed 250 square feet in the aggregate per intersection, and project identification signage at the entrance locations referenced in C. -shall not exceed 100 square feet in the aggregate per entrance. No individual sign shall have height greater than twelve (12) feet. 5o No more than two (2) structures containing signage shall be permitted at each such location, and major uses identified in addition to the Pelican Bay community shall not exceed a total of four (4) in number at each such location. No sign shall be located greater than fifty (50) feet from any other project identification signage at said locations. Project identification signage at the locations referenced in A. and B. above shall be located within an area defined by a triangle, two sides of which shall be 100 feet along adjoining roadways. Every effort shall be made to remove as little as possible of protected plant species. Ail provisions of the Tree Removal Ordinance (Ordinance 75-21 and any future amendments) shall be met. Should any of~ the placed - within right-of-way permit approved. signs be requested to be public right-of-way, a must be-applied for and Ail signs shall be located so as not to .cause sight distance problems. 10. Ail signs shall require sign permits and other applicable permits prior to construction and/or erection. 2-10 m L _ [ SECTION III UTILITY SERVICES TO PELICAN BAY 3.01 GENERAL The Pelican Bay Improvement District was created by action of the Florida Legislature in 1974. The specific law creating the district is Chapter 74-462 of the Florida Statutes. The district is a political subdivision of the State of Florida charged with the specific responsibility to design, finance, build, operate, and maintain (1) sewerage system (2) potable water system and (3) surface water management, and control system. The law provided for a Board of Supervisors of the Pelican Bay Improvement District to carry out the duties delegated to it. The law established the original five members of the Board of Supervisors as appointed by the Collier County Commission. Those individuals will hol~ office until- there is an election among the qualified electors of the District to determine membership on the Board of Super-visors. The Board cf Supervisors, in order to carry out duties and responsibilities assigned to it, was granted certain powers and authorities by the Legislature. Specifically, the district, through the Board of Supervisors c~n enter into contracts; borrow money; issue bonds; assess lands for special taxes; provide special user assessments; own and acquire interests in land; employ professionals and other necessaz-y persons to carry out the duties; and, if necessary bring legal actions. The Legislature of the State of Florida specifically expressed that the purpose of the district was to "facilitate development" of utility services. A copy of the Pelican Bay Improvement District Act, Chapter 74-462 of the Florida Statutes, is attached hereto as Exhibit "H". a) Water Supply and Treatment Facilities The Pelican Bay Improvement District is char~ed with the responsibility of providing a water system for the PELICAN BAY project. b) Sewerage Treatment Facilities The Pelican Bay Improvement District is charged with the responsibility of providing a sewerage system for the PELICAN BAY project. 3-1 M,AR 0 9 200 3.02 3.03 3.04 3.05 3.06 c) Water Management Control Facilities The Pelican Bay Improvement District is charged with the responsibility of providing water management and control. SOLID WASTE COLLECTION Solid waste collection for the PELICAN BAY project will be handled by the company holding the franchise for solid waste collection for the county. ELECTRIC POWER SERVICE Florida Power and Light Company will provide electric service to the entire project. TELEPHONE SERVICE Telephone service wil!: be supplied to the PELICAN BAY project by United Telephone Company of Florida. TELEVISION CABLE SERVICE The PELICAN BAY project 'falls within the franchise areas of two television cable companies. Those companies are the South Florida Cable Television Corporation of Bcnita Springs and the Radio Television Centre of Naples. EASEMENTS FOR uNDERGROUND UTILITIES On-Site utilities such as telephone, electric power, TV cable service% wastewater collection, water distribution, etc. shall be installed underground. Except that electrical feeder lines serving commercial and other high use areas, water pumping stations, lift stations, transformer banks, etc. shall be permitted above ground. Easements shall be provided for all utility purposes in areas that must be cleared for utility construction, a special effort shall be made to protect the maximum number of trees. Said easements and improvements shall be done in accordance with the subdivision regulations. 3-2 AGENOA I~ NO. MAR 0 9 200 . SECTION IV GROUP 1 4.01 4.02 4.03 PURPOSE The purpose of this Section is to set forth the regulations for the area designated on Exhibit "C", Site Plan, and Table 1 as Group 1 parcels. ~XISUJM DWELLING UNITS A maximum number of 600 dwelling units may be constructed in all of the Group 1 parcels combined except as ~ermitted by Section 2.1~. PERMITTED USES AND STRUCTURES No building or structure, or part thereof, 'shall be erected, .altered, or used, or land or water used, in whole or in part, for Other than the following: A. Permitted Principal Uses and Structures 1) Single Family detached dwellings. 2) Attached single-family units as combinations of up to and including three (3) single-family attached units per structure. 3) Parks, playgrounds, playfields and commonly owned opeh space. 4) Water management facilities. B. Permitted Principal Uses and Structures Requiring Site Plan Approval 1) Non-commercial boat launching facilities, and multiple docking areas not to exceed one per dwelling unit. 2) Recreational clubs, golf courses, practice driving range and other custcmary accessory uses related to golf courses, intended to serve the surrounding residential area. 3) Churches, schools, and child care centers when accessory to the church or school. C. Permitted Accessory Uses and Structures 1) Private boat docks with or without boat hoists, on water front lots, not protruding more than five (5) feet into the water except if such waterbody has a width one hundred (100) feet or more, the dock may protrude not more than twenty (20) feet into such waterbody, providing, however that no boat is used as a residence. 2) Customary accessory uses including private garages. and structures, 3) Signs as permitted by the Zoning Ordinance of Collier County. 4) Model homes shall be permitted in conjunction with the promotion of the development. Such model homes shall be permitted for a period of t%¢o (2) years from the initial use as a model. The Director may authorize the extension of such use upon written request and justification. 4.04 REGULATIONS 4.04.01 GENERAL: Ail yards, set-backs, etc. shall be in relation to the individual parcel boundaries. 4.04.02 ~IINIMUM LOT AREA: 10,000 square feet 4.04.03 MINIMUM LOT WIDTH: A.. Corner Lots - Ninety-five (95) feet as measured at the front yard setback line. Interior Lots - Eighty (80) feet as measured at the front yard setback line. 4.04.04 MiNIFFJM YARDS: A. Front yard - 30 feet Site yard - 7 1/2 feet one story, 10 feet for two stories. C. Rear yard - 25 feet except that for screen enclosures the rear yard may be reduced to 15 feet. 4-2 L AGENDA ITEM MAR 0 9 200 D. Ail yards abutting a street shall be front yards. Four-sided corner lots shall have t~o front and two side yards. Five or more sided corner lots shall have two front, two sides and remaining yards shall be rear yards, with the rear yards being those farthest from the abutting streets. 4.04.05 REDUCTION OF MINIMUM LOT WIDTH, AREA AND YARDS: In the case of clustered buildings with common architectural theme, the requirements of Sections 4.04.02, 4.04.03 and 4.04.04 may be less provided that a site plan is approved in accordance with Section 2.05. 4.04.06 MINIMUM FLOOR AREA: A. One story - 1,000 square feet. B. Two story -'1,200 square feet. 4.04.07 OFF-STREET PARKING REQUIREMENTS: One parking space shall be required for each dwelling unit and such space shall be located within the building setback line. For uses other- than dwelling units, parking shall be provided in accordance with the Zoning Ordinance of Collier County. 4.04.08 MAXIMUM HEIGHT: Thirty (30) feet above finished grade of lot. Accessory buildings limited to twenty (20) feet above finished grade of lot. 4-3 AGENDA I~ No. MAR 0 9 200 SECTION V GROUP 2 5.01 PURPOSE : The purpose of this Section is to set forth the regulations for areas designated on Exhibit "C", Site Plan, and Table 1 as Group 2 parcels. 5.02 MAXIMUM DWELLING UNITS A maximum number of 2314 dwelling units may be constructed in all of the Group 2 parcels except as permitted by Section 2.10. 5.03 USES PERMITTED No building or structure, or part thereof, shall be erected altered or used, or land or water used, in whole or in part, for other than the following: A. Principal Uses: 1) Single family units are permitted as individual structures or as combinations up to and including six (6) single family attached units per structure. Such unit types as single family attached, duplex, patio, cluster attached, cluster detached, villa attached, villas detached and zero lot lines are permitted. 2) Multi-family residential units including garden apartments. 3) Parks, playgrounds, playfields and commonly owned open space. 4) Water management' facilities. B. Principal Uses Requiring Site Plan Approval: 1) Non-cOmmercial boat launching facilities multiple docking areas. and 2) Recreational clubs, golf courses, practice driving range and 'other customary accessory uses related to golf courses, intended to serve the surrounding residential area. 3) Churches, schools, child care center, governmental administratioh buildings. and 5-1 r i ...... [ 4) Convalescent homes, rest homes, homes for the aged, adult foster homes, children's homes, rehabilitation centers and licensed skilled nursing facilities; each unit shall count as one-third (1/3) of a dwelling unit in accounting for the dwelling units assigned in 5.02 above. C. Permitted Accessory Uses and Structures: 1) Private boat docks with or without boat hoists, on waterfront lots, not protruding more than five (5) feet into the water; except if such waterbody has a width of one hundred (100) feet or more, the dock may protrude not more than twenty (20) feet into such waterbody, providing, however, that no boat is used as a residence. 2) Customary accessory uses including private garages. and structures, Signs as permitted by the Zoning Ordinance of Collier County. 4) Model homes shall be permitted in conjunct_ · with the promotion of the development. Such model homes shall be permitted for a period of two (2.) years from the initial use as a model. The Director may authorize the extension of such use upon written request and justification. 5.04 REGULATIONS 5.04.01 MINIPUJM LOT AREA: A minimum ares of 2600 square feet per dwelling unit shall be provided in some combination of individual lots and contiguous common open space, excluding private and ~ublic roads. 5.04.02 MINIMUM LOT WIDTH: A. Minimum individual lot (envelope) width for each dwelling unit related to a structure containing at least two (2), but not more than six (6) dwelling units shall not be less than twenty (20) feet measured between the side lot lines at the required front setback. B. Minimum individual lot width for a single detached unit structure shall not be less than forty-five (45) feet measured between the side lot lines at the required front setback line. 5-2 MAR09200 [. .... 5.04.03 MINIMUM YARDS: A. From tract boundary lines, right-of-way lines and/or the edge of the gutter of a private road, twenty-five (25) feet. B. Distance between structures: 1) Between any two principal structures there shall be a combined minimum yard of 1/2 the sum of their heights but not less than twenty (20) feet. 2) Between any two accessory uses there shall be a combined minimum yard of twenty (20) feet. C. In the case of clustered buildings with a common architectural theme, these distances may be less,' provided that a site plan is approved in accordance with Section 2.05. 5.04.04 MAXIMUM HEIGHT OF PRINCIPAL AND ACCESSORY STRUCTURES: A. Three (3) stores above the finished grade of lot. In o~der to comply with the minimum flood elevation requirements, the maximum height of a structure shall be measured from the minimum base flood elevation required by %ne Flood Elevatibn Ordinance. B. Accessory structures shall be no higher than twenty (20) feet above the finished grade of the lot. 5.04.05 MINIMUM FLOOR AREA: Those principal use structures which are identified in Section 5.03.A. shall be as follows: One (1) story structures shall not contain less than eight hundred (800) square feet and two (2) story structures shall not contain less than twelve hundred (1200) square feet. 5-3 MAR 0 9 200 , 5.04.06 5.04.07 5.04.08 OFF-STREET PARKING: Those principal use structures which are identified in Section 5.03.A. shall contain a minimum of two (2) spaces per dwelling unit. The Director may permit a lesser number of parking spaces to be paved when circumstances indicate infrequent use. However, those unpaved spaces shall be grassed and reserved for future paving. For uses other than dwelling units, parking shall be provided in accordance with the Zoning Ordinance of Collier County. OFF-STREET PARKING LANDSCAPING: Landscaping shall be provided as required by the Zoning Ordinance of Collier County. REZONED NEIGHBORHOOD COMMERCIAL~ Additional stipulations in regard to those Group 2 lands rezoned from Neighborhood Commercial are contained in Exhibit "N". 5-4 · A~A ITEM/~ MAR09200 SECTION VI .. GROUP 3 6.01 6.02 6.03 PURPOSE The purpose of this Section is to set forth the regulations for the area designated on Exhibit "C", Site .Plan and Table 1 as Group 3 parcels. MAXIMLrM DWELLING UNITS A maximum number of 1686 dwelling units may be constructed in all of the Group 3 parcels combined except as permitted by Section 2.10. USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used; or land or water used, in whole' or part, for other than the following: A. Principal Uses: 1) Multi-family residential units including garden apartments. 2) Those uses permitted in Group 2 when developed in accordance with Section 5.04. 3) Parks, playgrounds, playfields and commonly owned open space= 4) Water management facilities. Bo Principal Uses Requiring Site Plan Approval: 1) Non-commercial 'boat launching facilities multiple docking areas. and 2) Recreational clubs, golf courses, practice driving range and other customary accessory uses related to golf courses, intended to serve the surrounding residential area. 3) Churches, schools, and child care centers. 4) Convalescent homes, rest homes, homes for the aged, adult foster homes, children's homes, rehabilitation centers and licensed skilled nursing facilities; each unit shall count as one-third (1/3) of a dwelling units in accounting for the dwelling units assigned in 6.02 above. 6-1 MAR 0 9 200 . C. Permitted Accessory Uses and Structures: 1) Private boat docks with or without boat hoists,. on waterfront lots, not protruding more than five (5) feet into the water; except if such waterbody has a width of one hundred (100) feet or more, the dock may protrude not more than twenty (20) feet into such waterbody, providing, however, that no boat is used as a residence. 2) Customary accessory uses including private garages. and structures, 3) Signs as permitted by the Zoning Ordinance of Collier County. 4) Model homes shall be permitted in conjunction with the promotion of the development. Such model homes shall be permitted for a period of two (2) years,from the inital use as a model.' The Director may authorize the extension of such use upon written request and 3ustification. 6.04 REGULATIONS 6.04.01 MINI~q3M LOT AREA: One (1) net acre. 6.04.02 MINIMUM LOT WIDTH: 150 feet as measured at the front yard setback line. - 6.04.03 MINIMUM YARDS: A. From tract boundary lines, right-of-way'lines and/or from the edge of the gutter of a private road, thirty-five (35) feet or one-half (1/2) the height of the structures, whichever is greater. Distance Between Structures 1) Between any two principal structures one-half (1/2) the sum of their heights but not less than thirty (30) feet. 2) Between any two accessory uses one-half (1/2) the sum of their heights but not less than twenty (20) feet. 6-2 C. In the case of clustered buildings with a common architectural theme, these distances may be less, provided that a site plan is approved in accordance with Section 2.05. 6.04.04 MAXIMUM HEIGHT OF PRINCIPAL AND ACCESSORY STRUCTURES: A. Four (4) stories above the finished grade ' with option of having one (1) floor of parking beneath the allowable four (4) stories. B. Accessory structures shall be limited to a maximum of twenty (20) feet above finished grade of the lot. 6.04.05 MINIMUM LIVING AREA OF PRINCIPAL STRUCTURES: Those principal use structures which are identified in Section 6.03.A. shall contain a minimum of seven hundred and fifty (750) gross square feet of living area per dwelling unit within principal structure. 6.04.06 OFF-STREET PARKING: Those principal use structures -which are identified in Section 6.03.A. shall contain a minimum. 1.5 parking spaces per dwelling unit. The Director may permit a lesser number of parking spaces to be paved when circumstances indicate-infrequent use. However, those unpaved spaces shall be grassed and reserved for future paving. For uses other than dwelling units, parking shall be provided in accordance with the Zoning Ordinance of Collier County. 6.04.07 OFF-STREET PARKING LANDSCAPING: Landscaping shall be provided as required by the Zoning Ordinance of Collier County. 6-3 MAR 0 SECTION VII GROUP 4 7.01 PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on Exhibit "C", Site Plan, and Table 1 as Group 4. 7.02 MAXIMI/M DWELLING UNITS A maximum number of ~ 4000 dwelling units may be constructed in all of the Group 4 parcels combined except as permitted by Section 2.10. 7.03 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or part, for other than the following: A. Principal Uses: 1) Multi-family residential buildings. 2) Those uses permitted in Group 2 when developed accordance with Section 5.04. 3) Those uses permitted in Group 3 when developed in accordance with Section 6.04. 4) Parks, playgrounds, playfields and commonly owned open space: 5) Water management facilities. 6) Existing non-commercial plant nursery. B. Principal Uses Requiring Site Plan Approval: 1) Recreational clubs, golf courses, practice driving range and other customary accessory uses related to golf courses, intended to serve the surrounding residential area. 2) Churches, schools and child care centers. 3) Civic and cultural facilities. 4) Hotels and motels, (except in those areas identified as "no hotels permitted" on Exhibit "L"), maximum of -~5~h~ 1336 units. Each hotel or motel unit shall count as one-third (1/3) of a dwelling unit in accounting for the dwelling units assigned in 7.02 above. -- 7-1 0 5) Private clubs intended to serve the residents of PELICAN BAY. 6) Convalescent homes, rest homes, homes for the aged, adult foster homes, children's hcmes, rehabilitation centers and licensed skilled nursing facilities;' each unit shall count as one-third (1/3) of a dwelling unit in accounting for the dwelling units assigned in 7.02 above. C. Permitted Accessory Uses and Structures: 1) Private boat docks, with or without boat hoists, on waterfront lots, not protruding more than five (5) feet into the water; except if such waterbody has a width of one hundred (100) ~eet or more, the dock may protrude not more than twenty (20) feet into such waterbody, providing, however, that no boat is used as a residence. 2) Non-commercial boat launching multiple docking areas. facilities and 3) Customary accessory uses including private garages. and structures, 4) Signs as permitted by the Zoning Ordinance of Collier County. 5) Model d~elling units shall be permitted in conjunction with the promotion of the development. Such model units shall be permitted for a per%od of two (2) years from the initial use as a model. The Director may authorize the extension of such use upon written request and justification. 7.04 REGULATIONS 7.04.01 MINI~.~UM LOT AREA: One (1) net acre. 7.04.02 MINI~-~M LOT WIDTH: 150 feet as measured at the front yard set back line. 7-2 AGENDA ITENI~ ~ MAR 0 9.200zt 7.04.03 MINIMUM YARDS: A. From tract or development parcel lines, right-of-way' lines and/or the edge of the gutter of a private road, fifty (50) feet or one-half (1/2) the height of the structure, whichever is greater except that detached accessory structures shall be set back twenty (20) feet or 1/2 of the height, whichever is greater. B. Distance between structures - 1) Between any principal structures one-half (1/2) the sum of their heights but not less than fifty (50) feet. 2) Between any two accessory uses - one-half (1/2) the sum of their heights but not less than thirty (30) feet. C. In the case of clustered buildings with a common architectural theme, these distances may be less provided that a site plan approved in accordance with Section 2.05. 7.04.04 MAXIMUM HEIGHT OF PRINCIPAL AND ACCESSORY STRUCTURES: A. P~incipal structures: Two hundred (200) feet above finished grade of the lot, except in those areas so identified on Exhibit "M", there shall be a maximum height of five (5) 7.04.05 storfes above one (1) floor of parking.. Accessory structures shall be limited to a maximum of twenty-five (25) feel. above finished grade of lot except for ro6f top recreation facilities. MINIMUM LIVING AREA OF PRINCIPAL STRUCTURES: A. Those principal use structures which are identified in Section 7.03.A. shall contain a minimum of seven hundred and fifty (750) gross square feet of living area per dwelling unit within principal structure. B. The minimum living area of any hotel or motel unit permitted under Section 7.03.B shall be three hundred (300) square feet. There shall be no maximum square footage. 7-3 7.04.06 7.04.07 OFF-STREET PARKING: Those p£incipal use structures which are i~entJfied in Section 7.03.A shall contain a minimum cf 1.5 parking spaces per dwelling unit. The Director may permit a lesser number of parking spaces to ~be paved when circumstances indicated infrequent use. However, those unpaved spaces shall be grassed and reserved for future paving. For uses other than dwelling units, parking shall be provided in accordance with the Zoning Ordinance of Collier County. OFF-STREET PARKING LANDSCAPING: · Landscaping shall be provided as required by the Zoning Ordinance of Collier County. 7-4 A~A ~ NAR 0 9 200 -' -I -' i ......... f 8.01 8.02 SECTION VIII GOLF.COURSE PURPOSE The purpose of this Section is to set forth the regulations for the area designated on Exhibit "C", Site Plan, as Golf Course. PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1) Golf Course 2) Golf Clubhouse 3) Tennis Courts 4) Tennis Clubhouses 5) Transient lodging facilities not to exceed 25 units. 6) Water management facilities. Permitted Accessory Uses and Structures 1) Pro-shop, practice driving range and- other customary accessory uses of golf courses, tennis clubs or other recreational facilities. 2) Small commercial establishments, including gift shops, golf & tennis 'equipment sales, restaurants, cocktail lounges, and similar uses, intended to exclusively serve patrons of the golf course or tennis club or other permitted recreational facilities, subject to the provisions of the Zoning Ordinance of Collier County. 3) Shuffleboard courts, swimming pools, and other types of facilities intended for recreation. 4) Signs as permitted in the Zoning Ordinance of Collier County. 5) Maintenance shops and ~,,ipT ~ -+~=g~, , ' ' ACURA ITEM ~ 8-1 f AR 0 9 '200 8.03 8.04 8.05 8.06 Non-Commercial Plant Nursery. PLAN APPROVAL REQUIREMENTS Plans for all principal and all accesso~-y uses shall be submitted to the Director who will review these plans and approve their construction. All construction shall be in accordance with the approved plans and specifications. The perimeter boundary of the overall golf course tract shall be recorded in the same manner as a subdivision plat. A. General Requirements: 1) Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas and location and treatment of buffer areas. 2) Buildings shall be setback a minimum of fifty (50) feet from abutting residential districts and the set-back area shall be landscaped and maintained to act as a buffer zone. 3) Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or other interference. 4) A site plan shall be provided showing pertinent structure locations and landscaping. MAXIMUM HEIGHT Thirty-five (35) feet above the finished grade of the lot within 150 feet of any district restricted to thirty (30) feet or less in height, and forty-five (45) feet elsewhere within the district. : MINIMUm! OFF-STREET PARKING As required by the Zoning Ordinance of Collier County. OFF-STREET PARKING LANDSCAPING Landscaping shall be provided as required by the Zoning Ordinance of Collier County. 8-2 I ,AR 0 9 '200 9.92 LTh~csa cf tkis--Se~ion is to set forth thc rccu!~ticns--: ~-T4~--Ne~_~.b~rh~ercia! _r__- == is intend ~o~--tc--me~ -- -nc .... prlmarl!y convenience goads which arc usually. ~r st~uctmrc, or part---there~f, shall be erected, usaa," -or--la4>d-erwa~.or usc~, in "~-~-...~.~ ~--. ~,~n part, !) Automobile scrvice--~tati~ns wi-%h~--repam=_~s in ac ~ ....... ~% =p~=~ zoning re~u!aticn~. B~=ker ships-----incLuding-backing-enVy '.'hen incidunta! 4) ~a~ .... ~ ~ ....... shcpc. 12) .ccd .... ~. ...... shcps.- !4) Kardwara stereo. hi, AR 0 9 200 17) La ~i~m~t a ~ ........ ; picture inc!udin~ drive-in~. .B. 19) 20) -21) ?2) · .27) Liquor ~tcre-=_ Meat market-=_ .~:usic -=tore-=- Post offices. Profgssiona! Repair Rasta~a~.t~ - not including drive-in=· · 7.0~ an~ r~in~Sitc Plan ~Qf. d%~e!!in~ unif~itkin the PELIC~ :~x~ ctb~~~~ or Frcf~ssicnz! service %:kick . · ' 'rm~t~-~~ne~to bc compatible in th~ district. _~se_~, ~u~es--¢~s~arily asscciate~ ,%rith ~ uses ' ~ in this district~ ,, thc Zoning Crdinanca~ 9 2 9.09 'A. ~rchitect'Jral theme these dist~.~y be !ess provided that a =i~: p!~- i: a~prcved in acccrdancc wit~ c~ion 2 m5 !OOO s q~ar~-feet per bui!din§ on the §rsund fleer except that standi ....................... Thirty' five {35) fe~-t above the finished srade of !e~. ...... MUM- OFF-~ .... ET ............................................. 9.!! 9.12 .As req,j!~ed by tl$~--~.q!ng Or~L~an~-e--of Cc!!!er County. MI~ZM'JM LANDSCAPING ~EOU!REMENT~ -~ required by the ~ng n. Jc '"-~ cf Coltlcr ...... .tightin~ facilities shall ~c am~ged in ~ :anner '~hich '~il! ~p...... rs s .... nm 3 .... r prcperti:s frcm ~ir:ct STORAGE ,There-sh~!l be no 0~$$~~~-~~f merchandise. UTILITY -Utility ]~F_$~ud!n~~(-:ptaclec, shall ~]:~o!y ~ed f~om the view ~f~sta~rs and .~ro;erty ownec~ to ~ he.:h. 6 ,o_t above ground level ~EC~/.f~-SECTION IX COMMUNITY AND AREA CO~ERCIAL ~f~.fXt 9.01 PURPOSE The purpose of this Section is to set forth the plan and regulations for the areas- designated on Exhibit "C", Site Plan, as Community Commercial and Area Commercial. ~.~2 9.02 USES PERMITTED No building or structure, or part thereof, shall be erected, altered 'or used, or land or water used, in whole or in part, for other than the following: A. Principal Uses: 1) Antique shops 2) Appliance stores 3) Art studios 4) Art supply shops. 5) Automobile parts stores 6) Automobile service stations without repairs in accordance with applicable zoning regulations. 7) Awning shops 8) Bakery shops 9) Banks and financial institutions 10) Barber and beauty shops 11) Bath supply stores 12) Bicycle sales and services 13) Blueprint shops 14) Bookbinders 15) Book stor~s 16) Business machine service 17) Car wash 18) Carpet sales - not including storage or installation 19) Child care center subject to site plan approval 20) Churches and other places of worship subject to site plan approval 21) Clothing stores 22) Cocktail lounges 23) Commercial recreation uses 24) Commercial schools 25) Confectionery and candy stores 26) Delicatessens 27) Department Stores 28) Drug stores 29) Dry cleaning shops 30) Dry goods stores 31) Electrical supply stores 32) Florist shops ! ACiENDA ~/9 ..MAR 0 9 200 , 33) Fraternal and social clubs, alcoholic beverages subject to provisions of the Zoning Ordinance. 34) Funeral Home 35) Furniture stores' 36) Furrier shops 37) Garden supply stores- outside display in rear 38) General offices 39) Gift shops 40) Glass and mirror sales - not including installa- tion 41) Gourmet shop 42) Hardware stores 43) Hat cleaning & blocking 44) Health food stores 45) Hobby supply stores 46) Hospitals 47) Hotels 48) Ice cream stores 49) Interior decorating showrooms and offices 50) Jewelry stores 51) Laboratories - film, research and testing 52) Laundries, self-service only 53) Leather goods 54) Legitimate theaters 55) Liquor stores 56) Locksmith 57) Markets, food 58) Markets, meat 59) Medical clinics 60) Millinery Shops 61) Motels 62) Motion picture theaters not including drive-ins 63) Museums 64) Music stor~s 65) New car dealerships - outside display permitted 66) News stores 67) Office supply stores 68) Paint and wallpaper stores '- 69) Pet shops ?0) Pet supply shops 71) Photographic equipment stores 72) Pottery stores 73) Printing, publishing and mimeograph service 74) Private club, alcoholic beverages subject to the provisions of the Zoning Ordinance 75) Professional offices 76) Radio and television sales and service 77) Research and design labs 78) Residential dwelling units in accordance with Section 7.04 and requiring Site Plan approval, provided that the total number of dwelling units within the PELICAN BAY project area does not exceed g~O0 8600 dwelling units. 79) Rest homes and Sanatoriums 80) Restaurants, not including drive-ins 81) Shoe repair 82) Shoe stores 83) Shopping centers 84) Souvenir stores 85) Stationery stores 86) Supermarkets 87) Tailor shops 88) Taxidermists 89) Tile sales - ceramic tile 90) Tobacco Shops 91) Toy shops 92) Tropical fish stores 93) Variety stores 94) Vehicle rental - automobiles only 95) Veterinarian offices and clinics - no outside kenneling 96) Watch and precision instrument repair shops 97) Drapery shops 98) Upholstery shops- 99) Bait and tackle shops 100) Fire stations 101) Any other commercial use or professional service which is comparable in nature with the fcregoing uses and which the Director determines to be compatible in the district. 102) Water management facilities. B. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated- with the uses permitted in this district. 2. Signs as permitted by the Zoning Ordinance. 9.03 MINIMUM LOT AREA None 9.04 MINIMUM LOT WIDTH None 9.05 MINIMUM YARD REQUIREMENTS Buildings shall be set back a minimum of fifty (50) feet plus one (1) foot for each two (2) feet of building height above fifty (50) feet from all parcel boundaries except that buildings shall be permitted over-water in the lake areas, subject to Site Plan approval in accordance with Section 2.05. ~-~ 9-3 NAR 0 9 2004 9.06 BUILDING SEPARATION Ail buildings shall be separated fifty (50) feet or 1/2 the sum of their heights whichever is greater except that in the case of clustered buildings with a common architectural theme these distances may be less provided that a site plan is approved in accordance with Section 2.04 2.05. 9.07 MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURE A. 1000 square feet per building on the ground floor except that free standing specialty structures of nationally recognized standard size less than 1000 square feet shall be permitted when site plan approval has been received. B. The minimum living area of any hotel or motel unit permitted under Section 10.02 A. ' (47) and (61) shall be three hundred (300) square feet. There. shall be no maximum'square footage. 9.08 MAXI~JM HEIGHT None. One hundred (100) feet. 9.09 MINIMUM OFF-STREET PARKING AND OFF-STREET LOADING REQUIREMENTS As required b~ the Zoning Ordinance of Collier County. 9.10 MINIMI/M LANDSCAPING As required by the Zoning Ordinance of Collier County. Also, a landscape buffer area alonQ West Boulevard in accordance with Section 8.37 of the Zoning Ordinance will be reuuired in order to buffer the visual ~mDacts of the retail shoDuinq center in the Area Commercial district. 9.11 LIMITATIONS ON SIGNS As permitted by the Zoning Ordinance of Collier County. Also, appropriate directional siqnage as permitted in the Zoninq Ordinance directin~ traffic out of the retail shooDing center in the Area Commercial District will be installed. 9.12 MERCHANDISE STORAGE AND DISPLAY Unless specifically permitted for a given use, outside storage or display of merchandise is prohibited unless screeened from view to a height of six (6) feet above ground level. , -~-=~ 9-4 O'9 200 9.13 9.14 9.15 SITE PLAN APPROVAL Site plan approval in accordance with Section 10.5 of the Zoning Ordinance of Collier County is required for all buildincs and structures. A cody of any written recuest for site Plan agprovai submitted to Director in accordance with Section 10.5 shall be provided bv Westinghouse Commmunities of Naples Inc. to the Pelican Bay Property Owners Association, Inc. MAXIMUM COMMERCIAL SQUARE FOOTAGE There shall be a total authorized maximum of 1,095,000 sGuare feet of commercial gross buildinq area. consistin~ of a maximum of 435,000 square feet of gross building area for retail soace and a maximum of 945,000 sGuare feet of ~ross building area for office space but mn no event shall the combined total exceed 1,095,000 ~quare feet of commercial gross building area. A maximum of 640,400 square feet of commercial gros~ building area (containing a maximum of 285,000 square feet of retail) shall be constructed in the Area (South) Commercial District. A maximum of 454,600 square feet of commercial oross buildinq area (consisting of 304,600 sGuare feet cf office and 150,000 s~uare feet of retail) shall be constructed in the Community (North) Commercial District. ADDITIONAL STIPULATIONS FOR COMMUNITY COMMERCIAL Additional stipulations in regard to the Community Commercial parcel are contained in Exhibit "N". 10-5 9-5 0 9 200 SC?~!<}h~-X-I- SECTION X CONSERVATION AREA 10.01 PURPOSE The purpose of this Section is to set forth the regulations for the area designated on Exhibit "C", Site Plan, as Conservation Area. 10.02 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected altered, or land or water used, in whole or in part, for other than the following: A. Principal Uses Requiring Site Plan Approval: 1. Nature trails including boardwalks. 2. Boat Trails. 3. Boat docks (non-commercial boat launch facilities only - no permanent docking). 4. Paths and bridges to provide access from uplands to %he beach for pedestrians and min~r maintenance equipment. 5. Beach.sun shelters. 6. A marine research laboratory. 7. Recreati6nal clubs and other activities for recreation, conservation, and. preservation when approved by the Director. 8. Water Management Facilities. _. B. Permitted Accessory Uses and Structures: 1. Accessory uses and structures Customarily associated with the uses permitted in this district. 2. Signs as permitted in the Zoning Ordinance. -L-1-.~j- 10.03 CONSERVATION AREA OWNERSHIP AND MAINTENANCE A. Approximately 36 acres of the Conservation Area lying south of Clam Pass and west of Outer Clam Bay shall be conveyed to Collier County for public beach use and maintenance in accordance with Section 2.03. MAR 09'200t I Bo The Pelican Bay Improvement District, a non-profit property owner's association or other entity will be granted the authority and responsibility for enforcing the applicable convenants, in accordance with Section 2.03 governing the approximately 129 acres of beachfront and other uplands, 277 acres of water area, and 129 acres of wetlands. This entity will be responsible for planning, control., supervision and maintenance of this area. MAR 0 9 200zt ,.,~.. //--. ~ ~EC~4~4-~-SECTION XI UTILITY AREA Q-2-.qD~- 11.01 PURPOSE The purpose of this Section is to set forth the regulations for the area designated on Exhibit "C", Site Plan, as Utility Area. ~-~.~ 11.02 PERMITTED USES AND STRUCTURES No Building or structure, or part thereof, shall be erected, altered, or used, or land or water used, in whole or in.part, for other th8n the following: A. Principal Uses: 1. Potable water treatment and distribution facilities. 2. Sanitary waste water collection treatment and disposal facilities. Utility services equipment, storage maintenance. 4. Utility services offices. 5. Lawn or golf course maintenance shops and equipment storage. 6. Any other use associated with maintenance or utility se~rvices when approved by the Director 7. Water management facilities. B. Permitted Accessory Uses and Structures: 1. Accessory uses and structures customarily associated with the uses permitted in this district. 2. Signs as permitted in the zoning ordinance. 11.03 MINIMUM YARD REQUIREMENTS None 11.04 MAXIMUM HEIGHT None 11.05 MINIMUM FLOOR AREA None iR-i 11-1 0 9 200 ~'S-ECT-I~N-J<-I-I-I SECTION XII DEVELOPMENT COMMITMENTS 12.01 ENVIRONMENTAL AND NATURAL RESOURCES A. Air Quality The applicant for a construction permit for the construction of any facility that qualifies for complex air source permits under Chapter 17-2, Florida Administrative Code, shall obtain all necessary complex air source permits prior to the issuance by Collier County of construction permits for such a facility B. Natural Resources 1. Prior to filling the approximately 98 acres of .wetlands, located in the northwest section of Group 4 properties, the applicant shall: a. Convey approximately 36 acres (containing approximately 3/4 of a mile of beachfront) to Collier County, Florida, for a public beach; and set aside by filing convenants, approximately 530 acres (containing approximately 1-1/4 miles of beachfront) restricting in perpetuity this property for recreation, conservation and preservation purposes; and b. Obtain all necessary permits from county, state ~nd federal agencies, including, but not limited to, giving reasonable assurance that the fill activity, development, and drainage system will not result in violation of the applicable provisions of Chapter 17-3, F%orida Administrative Code. Further, Collier County and the South Florida Water Management District (SFWMD) shall be assured that negative water quality impacts to Inner and Upper Clam Bay will not result from the fill/ destruction and development of the area presently occupied by 98 acres of mangrove forest; and, c. Preserve the existing red mangrove fringe around all significant water bodies; and, d. Stake the precise interface of the red mangrove fringe prior to commencement of construction activities; and, e. Limit the filling activities to approximately 98 acres; and, ~1-3--1 12-1 f. Covenant the Conservation area for preservation, con-servation and limited recreational uses; and, g. Insure that filling activities shall not take place in significant stands of red mangroves and shall not eliminate significant existing tidal creeks; and, h. Insure that no alteration or filling shall be conducted below the two foot contour in this area before all approvals for such construction are received. 2. The provisions of Section 2.03, GULF-FRONT LAND, are a part of this section. C. Water Resources 1) Potable water supply Prior to the issuance of any construction permits by Collier County, the Pelican Bay 'Improvement District (PBID) shall demonstrate to Environmental Advisory Council, Water Managem~ Advisory Board, Coastal Area Planning Commission and Board of County Commissioners of Collier County and the South Florida Water Management District (SFWMD) that the Floridan Aquifer, in this area, has sufficient capacity to meet the water supply requirements of the proposed project's ultimate population, and that this water withdrawal -and reject water disposal will not adversely impact areawide water quantity or quality. Reject water from the reverse osmosis process shall not enter the upland surface water storage areas. -. 2) Non-Potable Water Supply a. Prior to the issuance of construction permits by Collier County, the applicant or Pelican Bay Improvement District shall satisfactorily demonstrate to the Environmental Advisory Council, Water Management Advisory Board, Coastal Area Planning Commission and Board of County Commissioners of Collier County and the South Florida Water Management District (SFWMD) that the proposed project ' s water withdrawal for golf course irrigation will not subject shallow aquifer resources to salt-water intrusion and will not adversely impact areawide water quantity or quality. -l~Z-~2_- 12-2 ~k.__~_T~__~-7 ~ b. During the wet season, June 1 to ©ctober 31, irrigation shall be permitted by withdrawal of water from the lakes to a minimum level to be established by the Water Management Advisory Board. . c. When the Coastal" Ridge Aquifer is no longer over-stressed, the applicant shall be allowed to apply for a well permit for year round use of water from the shallow aquifer. The condition of the shallow aquifer shall be determined by the Big Cypress Basin Board, the South Florida Water Management District and the Water Management Advisory Board. d. Existing permitted w~lls within PELICAN BAY shall be excluded from the provisions of 13.1.C.2.(a),(b) and (c) above. D. Drainage Considerations 1) Upland Areas a. Prior to the preparation of the final plans, the Water Management Plan prepared by the Pelican Bay 'Improvement District shall be submitted to and approved by the Water Management Advisory Board. The Pelican Bay Improvement District shall provide necessary detailed drainage plans, studies and specifications to the Environmental Advisory Council, Water Management Advisory Board, Coastar Area Planning Commission and Board of County Commissioners of Collier County and the South Florida Water Management District for approval prior to the issuance of construction permits by Collier County. b. Until such time as the tidal average lO0-year flood elevations are established by HUD, the minimum building floor elevation shall be 10 feet above mean sea level. 2) Northwest Fill Area The Pelican Bay Improvement District shall provide necessary detailed drainage plans, studies and specifications to the Environmental Advisory Council, Water Management Advisory Board, Coastal Area Planning Commission and Board of County Commissioners of Collier County and the South Florida Water Management District for approval prior to the issuance of any permits by Collier County. Further, the county and the South Florida Water Management ulstrict shall be assured that 2004. negative water quality impacts to Inner and Upper Clam Bay will not result from the fill/destruction and development of the area presently occupied by 98 acres of mangrove forest. -}~r9 12.02 PUBLIC FACILITIES A. Sewage Treatment Facilities The Pelican Bay Improvement District (BPID), created through a special act of the Florida Legislature in 1974, shall provide sewage treatment facilities for the proposed pro]ect. The Pelican Bay Improvement District shall provide necessary detailed plans! studies and specifications to the Environmental Advisory Council, Water Management Advisory Board, Coastal Area Planning Commission and Board of County Commissioners of Collier County and the Department of Environmental Regulation (DER) for approval prior to the issuance of permits. B. Water Treatment Facilities Water treatment facilities shall be provided by Pelican Bay Improvement District (PBID). The Pel] Bay Improvement District shall provide necess detailed plans, studies and specifications to thg Environmental Advisory Council, Water Management Advisory Board, Coastal Area Planning Commission and Board of County Commissioners of Collier County and the Department of Environmental Regulation for approval prior to the issuance of permits. -~=~ 12.03 TRANSPORTATION A. Internal The internal roadway system of the proposed project, including signals and other intersection impr6vements shall be constructed by the applicant as indicated on Exhibits "J" and "K". Phasing and/or bonding for the ultimate improvements shall be done in accordance with the Subdivision Regulations. B. External The applicant shall improve Seagate Drive from its current two-lane design to a four-laned roadway between U.S. 41 and the most westerly constructed intersection of a PELICAN BAY street with Seagate Drive. The responsibility of the applicant for four-laning Seagate Drive shall continue until the release of the last existing internal improvement 12-4 MARO9200 i bond for the project. The applicant shall also pay his proportionate share of the costs for the necessary intersection improvements and signalizations along Vanderbilt Beach Road, Seagate Drive and U.S. 41, in accordance with the Subdivision Regulations. C. Additional Right-of-Way Seventeen and one-half (17-1/2) feet of additional right-of-way for Seagate Drive and Vanderbilt Beach Road shall be set aside within Pelican Bay. This right-of-way will be included in the buffer strip until such time as it is required for roadway expansion. At that time, the applicant shall dedicate the additional right-of-way. D. Golf Cart/Road "E" Intersection A grade separation shall be provided to separate the golf cart traffic from vehicular traffic where they conflict at Roadway "E". E. Access to Surrounding~ Roads Access to the surrounding major roads shall be limited to those access points shown on Exhibit "J" except as otherwise approved by the Coastal Area Planning Commission. F. Connections to Seagate Rights-of-way' for the extension of West Boulevard and Crayton Road into Pelican Bay shall be dedicated as part of platting. .However, the construction of ~n~h the Crayton Road connection shall not be perm~{e~ authorized unti~-a~ze~_~i~_~=__B~p~_~f__~y ~<~c~i~ a public hearing is held with du~ public notice to recive input from surrounding property owners. G. Landscaped Buffer Strip A landscaped buffer strip, a minimum of 100 feet in depth, shall be designated along the residential areas adjacent U.S. 41, Seagate Drive and Vanderbilt Beach Road. ~.-~-= 12.04 PUBLIC SERVICES A. Education Forty-five acres located in the vicinity of the community commercial parcel near Vanderbilt Beach Road and U.S. 41 will be offered to the Collier County School Board for use as a 25 acre middle school site and a 20 acre elementary school site. ~-~ 12-5 I AR 0 9 200 The 45 acres will be sold-to the School Board at 50% of the January 1, 1977, appraised value plus 6% per year appreciation for each year after 1977. This offer will continue until January 1, 1990. After January 1, 1990, the applicant shall be permitted to develop as residential areas all parts of tke 45 acres not purchased by the School Board. B. Government Facilities Twenty acres located in the vicinity of the Community Commercial parcel near Vanderbilt Beach Road and U.S. 41 will be dedicated to Collier County in increments of five acres per each 1,000 dwelling units permitted for the first 4,000 dwelling units permitted. The major portion of this area is intended to serve as a community park with the minor portion to be used for such things as fire station, library, sheriff's substation, branch courthouse offices, auditorium, etc. Non-administrative uses such as open storage equipment yards and other non-compatible government functions shall not be permitted within this site.~ The applicant shall be given the opportunity to review the architectural plans for any facilties planned for this area prior to their construction. Should a requirement for use of a part of this acres develop prior to the above described dedicat~ rate, the applicant will make available at th~ earlier date a specific area for an immediate specific use. C. Fire Protection 1) To Assure Adequate Fire Flow: The' applicant shall provide for the strategic placement of fire hydrants as required by the Collier County Subdivision Regulations. Automatic sprinkler systems, water pumps, storage_ and pressure tanks shall be provided as required by county and state laws. 2) To Assure Adequate Fire Protection Services: A site for a fire station is included within the Goverrunental Facilities area identified in 13.4.B above. 12-6 MAR 0 9 20,.,_ ~=§-12.05 RECREATION AREAS A. Neighborhood Parks A total of twenty (20) acres shall be designated in the residential areas for use as neighborhood parks. The applicant shall install the following improvements in each such park: one (1) unlighted combination softball/soccer field with backstop, one (1) 5000 square foot tot lot, two (2) unlighted tennis courts, twenty (20) paved parking spaces. B. Community Parks Twenty (20) acres as described in Section 13.4.B. above is available for use as a Community Park. This property is located adjacent to the school sites so that maximum utilization can be achieved. Co Gulf-front Land Thirty six (36) acres of Gulf-front land plus two (2) acres for upland parking shall be made available as described in Section 2.03 for public ownership. D. Beach Access Approximately five (5) acres located at the northwest corner of Pelican Bay adjacent to Vanderbilt Beach Road and the Gulf of Mexico shall be developed into approximately 120 parking spaces and then conveyed to Collier County-after obtaining necessary permits. AGENDA ~ 0 9 '200 , MAR 0 §'2006 Jo t F-10 E X H I EAICtEI~X ITEM Z MAR 0 9 200~ L F-12 E X H~::~OA' I~F_M/.)" WAR 0 9 200~ --[ F-15 F-18 MAR 0 9 200~t JU i 1978 EU R OL'L'E D 1~ ~, bill to be entitled Xn act relating to the Pelican Bay lr~provement District, Coiltec County; adding subsections [26) and (27) to section 5 o[ chapter ~4-462, · mendin9 section ~2 of chapte~ ~4-4~2, La~s Florida, relating to restrictions on po~e~s; providing an effective date. Sect/on 1. Subsections (2~) and [~1 a~e section 50~ chapter ~4-462, La~ or Florida, to board may exercise, any or all of the following po~ers: (2~) For ~he ii-ired PurPose of the accuisi~/or s~p~lyin~ of ~'a~er to znd ~c~er service for the acauire by purchase, aift. devise. ]ease or b~ ~.eans than eminent domein~ ~rcwer~v. teal or eer~ona], or thereinr eoui~mentt franchises, easements. ~u~l/c or and facilities outside of the boundaries of the distrit construct~ ooerate and ,eintain yells, mum~in~ pipelines, sc~er~, sec'e: ~ainr..~ondults and any fac/]itJes outside of t~e b~undaric~ of the district dist:!c: for use therc!~: to accclre a~d utilize prlv~:e easements outside of the bou~deries of the dis and to take any other ~c: ion outside the district teas necessary to the acouisition and suoolvinc of ~ater to sec'er service for the distr ict. I NAR 0 9 200 AGREEMENT I, Byron R. Koste and/or Charles Turner, as owner or authorized agent for Petition PDA-89-7, agree to the following stipulations requested by the Collier County Planning Commission in their public hearing on May 18, 1989. These stipulations are applicable to the Community Commercial Parcel and the middle parcel to be rezoned to Group 2 residential, as depicted on Exhibit "A" attached hereto. so Petitioner shall be subject to Ordinance 75-21 [or the tree/vegetation removal ordinance in existence at the time of permitting], requiring the acquisition of a tree removal permit prior to any land clearing. A site clearing plan shall be submitted to the Natural Resources Management Department and the Community Development Division for their review and approval prior to any substantial work on the site. This plan may be submitted in phases , to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads, buildings lakes, parking lots, and other facilities have been oriented to accommodate this goal. bo Native species shall be utilized, as described below, in the site landscaping plan. A landscape plan for all landscaping on the development shall be submitted to the County Landscape Architect and to a County Environmental Specialist for their review and shall be subject to their approval. The -.. landscape design shall incorporate a minimum of 60% native plants, by number, including trees, shrubs, and ground cover. At least 60% of the trees, 60% of the shrubs, and 60% of the groundcover shall be native species. At the direction of the County Landscape Architect or County Environmental Specialist a higher percentage of trees or shrubs can offset an equal percentage of use of only 50% native groundcover. This plan shall depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be the re-creation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. EXHIBIT "N" 0 § 2006 Ail exotic Plants, as defined in the County Code, shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development a maintenance program shall be implemented to prevent reinvasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and approved by the Natural Resources Management Department and the Community Development Division. do In accordance with policy 6.5.1 of the Growth Management Plan the petitioner shall utilize "xeriscape" principles to landscape the Group 2 residential areas on the north and south sides of Gulf Park Drive and in the Community Commercial District situated in the northeast corner of Pelican Bay. eo Petitioner shall conduct a gopher tortoise survey in accordance with the criteria established by the Florida Game and Freshwater Fish Commission (FGFWFC) on the Community Commercial and Neighborhood Commercial Districts. Petitioner shall comply with Policy 7.3.5 of the Conservation Element of the Growth Management Act and the regulations of the FGFWFC concerning the relocation and protection of any gopher tortoises found on the sites. fo Petitioner shall, to the maximum extent practical, avoid removal of xeric oak habitat in the following areas: a) perimeter of lakes; b) parcel boundaries; c) rights of way; d) parking lot islands; and e) other areas where the removal of existing xeric oak habitat is not necessary. Petitioner shall try, where feasible, to keep these undisturbed xeric oak habitat parcels as a contiguous area. The exact size and location of these protected xeric oak habitat areas shall be agreed to between the petitioner, the contract owner of the commercial parcels, and the environmental staff of Collier County prior to approval of any SDP in the Community Commercial District. The protected areas shall then be surveyed and designated on all site plans. Protective barriers shall be erected around the perimeter of the undisturbed xeric oak habitat areas during construction to prevent disturbance of the xeric oak habitats. I go Petitioner shall incorporate the remaining xeric oak habitat into the "xeriscape" landscaping plan. This shall call for transplanting the scrub oak trees from areas to be developed to suitable areas within the Community Commercial District. If feasible, petitioner shall also transplant the existing rosemary and other shrubs from the proposed development areas to the same suitable areas. Petitioner shall establish deed restrictions for the Community Commercial District that will protect the xeric oak habitat areas that are to be protected and the oak trees, and any xeric shrubs that can be. transplanted, that are to be transplanted and incorporated into the landscaping plan. Storm water run-off shall be directed away from the scrub oak habitat. Petitioner shall conduct'Phase II test excavation on archaeological site 8CR687 in coordination with the Florida Division of Historical Resources, as noted in the Cultural Resource Assessment Survey of the Pelican Bay development site written by Piper Archaeological Research, Inc., dated February, 1989. A determination of significance shall be made during the Phase II test excavation. The site shall be professionally mitigated and significant archaeological information shall be retrieved and donated to a permanent curatorial facility or museum in Collier County. Petitioner shall report to the Florida Division of Historical Resources upon completion of the Phase II test excavation and copy County Staff. No development activity shall occur on site until receipt of written approval from the Division. The report generated by the excavations shall be reviewed and approved by the Florida Division of Historical Resources. A copy of the report shall be forwarded to County Staff. Remove amended language of Section 13.3 Paragraph F of PUD document. Prohibiting the connection of Crayton Road is a violation of the Collier County Subdivision Regulations Ordinance 76-6, Article XI, Section 17, Paragraphs C and H. The language shall be amended as provided in item r. of this Agreement Sheet. i__= Petitioner shall provide evidence that master drainage system has the capacity to handle the proposed changes in land use. At the time of site development, petitioner shall submit a revised water management plan and calculations demonstrating that the master system is adequate. Adequacy of sewage treatment, disposal capacity, water supply and fire flow capacity must be documented at the time of site development and/or building permit approval to service the proposed development. k__= Detailed paving, grading and site drainage plans shall be submitted to Project Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Project Review Services. Design and construction of all imprOvements shall be subject to compliance with the appropriate provisions of the Collier County Subdivision Regulations. 1_~. A copy of SFWMD Permit or Early Work Permit is required prior to construction plan approval. m_~. Platting is required in accordance with Collier County Subdivision Regulations; if any lots, tracts, or parcels are to be sold. n__= The Florida Department of Transportation cannot support the commercial connection shown to U.S. 41 just south of Vanderbilt Beach Road.; approvals of access points, by FDOT even conceptually, can only be given following site plan review. o_~. -Amend Exhibit C Master Plan to delete the access point for the proposed Group 2 parcel - shown as approved by CAPC on 11-1-84. ~ -Amend Section 12.03 Transportation F. connections to Seagate shall be amended to read: However, the construction of the Crayton Road connection shall not be authorized until a public hearing is held with due public notice to receive input from surrounding property owners. MAR 0 9 200 l September 22, lg76 blr. Grover Erickson Coral Ridge-Collier Properties, Inc. Post Office Box 2722 Naples, Florida 35940 Dear Mr. Erickson: You have requested an opinion'as to whether Coral Ridge- Collier Properties, Inc., has legal authority, ownership and control to apply for a zoning change in the form of a proposed planned unit development classification in Collier County, Florida, as to that portion.of land delineated and described in the zoning application. Coral Ridge-Collier Properties, Inc., does have such legal authority, ownership.and control. Coral Ridge-Collier Properties, Inc., duly authorized under Florida law and earlier known and incorporated as 48-49-25 Land Corporation, is party to that certain "Land Option Agreement" of biay 10, 1972, pursuant to which, as of this date: Coral Ridge-Collier Properties, Inc., did in fact exercise its first option as optionee under the agreement and does now own those approximately S00 acres which constitute the land in option tract number 1 as set forth in {he provisions of the contract; and Coral Ridge-Collier Properties, Inc., holds an irrevocably granted xclusive option to those approximately 1 ~ acres which consti- tute land described in the remaining option tracts which are set forth in the provisions of the contract. NAR O 9 200 t Mr. Grover £rickson Page Two September 22, 1976 Coral Ridge-Collier Properties, Inc., pursuant to paragraFh 18 of the said Land Option Agreement, has and enjoys the pledged support of the optionors in procuring necessary zoning for the contemplated development of the lands covered by the agreement. Under Florida law, an exclusive optionee with the pledged support of the optionor, may proceed within the legal para- meters of the option agreement to apply for zoning changes affecting the optioned land. Since the bptionors and Coral 'Ridge-Collier Properties, Inc., have already cooperated significantly in terms of both time and money, the optionors would be subject to the doctrine of equitable estoppel were they to challenge the zoning application on the basis of authority, control and ownership in the optionee. Moreover, the State of Florida, by deeds, deed confirmations and disclaimers, all documents duly executed and recorded, has divested itself of any interest in or to those bottom lands, such as swamp and overflowed lands, which are situate in the property described in the planned unit development application. The State would be estopped from maintaining an)' claim thereto or any other action based upon such a claim, whether in regard to %he zoning application or any other transaction or application. ~herefore, Coral Ridge:Collier Properties, Inc., does have and hold such ownership and control over the property as to censti- tute legal authority to apply for the needed zoning changes for the proposed planned unit development in Collier Count>'. If you have any questions, please contact me. In the mehn:ime, with best wishes and warm regards, I remain KvA:js POff the Firm - HAR 0 § 200 .... 1' AGENDA ITEM Vl~ll~lTY EXHIBIT ..... HAR I)§ 200z GULF OF MEXICO PELICA5 CO~L ~IOGE - COL.LI£14 BOUNDA[ ---i--- --- I' r' PELICAN BAY IM~ROVE~%ENT DISTRICT AcT CPLAPTER 74-4bz, LA--o ur ---- E ~ ~ o -- o. j o ,.~ ~ ~ o ~.., z o . ~= .~_ ~ ~ FXHIRIT . ~AR 0 9 '200q ......... ~ :..? . ~= ,, o ~ ~ ~'~ .= ,,, ~: . o .. , c ~-.= ~ o o.~ ~-- :3 ,.z_ ~' ,= o o ,~..== --- ~- .=:" ~;.= J..-..c: ~ c _ ;j_-. ,'= - = ,., ,.. ~.- ~ =-~ E = : ~ ~ ~'c ~ ~ --.> ~ ~,~'-a 2 ': COMMUNITY COMMERCIAL DISTRICT .GROUP 2 R ESI DEN Ti)-,.,.. (REZONED FROIk NEIGHBORHOOI CO MMERCIAL) J-, :....(:..,.:.. :.;-.: ~ .............. . PELICAN BAY T~' SITE PLAN · . '""iii':i':F:':~'.':::. ' ........... NcklEXHIBIT MAR 0 9 200~ ! I1 12 1'1 15 l& Il (2?} To borrow money0 It:ua bonds, certiflc~tesr varrantsr notes, or other Indebtedness o( th~ district, and exoend funds for the acoulsitionr fin~ncin¢, ~o~structiont o~era~ionr a~d ~a~ntenance o~ the orcoertv, r~sl or ~erson~l. ~ub!~c or orivater yells. Ounoina st~tion~. ~ioelines, seuers, spuer ~ain~.-conduits end other facilities ~et forth in subsection ¢2E1 hereof outside of the boundaries of the district reasonably necessary for the ac~uisitlon and suoolv of ~ater to and sever servtee for the district. Section 2. Section 52 of chapter ~4-462, La~s of Florida~ is a~ended to read: Section 52. Any other provision of this act to the · contrary notwithstanding, the district shall not orov!fle ~ater, severr surface ~ater management, and other aovernmental services beyond the boundaries of the district Section 3. This act shall take effect upon becoming a lavo -. 2 ! 7 L MAR 0 9 2OC Iv{AR 0 9 200~1 MAR 0 9 200q T~~ocoooccocoooocoooeeoooo INTERNAL ROADWAY REQUIREMENTS MAR 0 9 200~ [, ~. ~// MAR 0 9 200~ NO HO' PERMIT :..AG Al E DF{ _MAR 0 9 200q ,,. J,?.~- DRIVE MAXIMUM I FIVE (5) S-[ ABOVE ON FLOOR OF PARKING MAR 0 9 200z~ EXECUTIVE SUMMARY ADOPTION OF AN ORDINANCE AMENDING CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAW AND ORDINANCES, AS AMENDED BY ORDINANCE NO. 2001-13 (THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, AS AMENDED) PROVIDING FOR THE ADOPTION OF A GENERAL GOVERNMENT IMPACT FEE WITH A DELAYED EFFECTIVE DATE OF APRIL 1, 2004 OBJECTIVE: Board of County Commissioners' adoption of an Ordinance amending Chapter 74 of the Collier County Code of La~vs and Ordinances, the same being the Collier County Consolidated Impact Fee Ordinance (CIFO), 2001-13, as amended, by providing for the adoption of a General Govenunent Building Impact Fee in order to provide financial resources for the construction and/or expansion of public buildings and facilities required to accommodate growth. CONSIDERATIONS: Collier County has used impact fees as a funding source for growth-related capital improvements since 1985 and the current impact fee program includes impact fees for Parks, Library, Educational Facilities, EMS, Correctional Facilities, Transportation, Water and Wastewater and Fire Protection. Collier County has never had an impact fee to provide financial funding for the construction of general government buildings. The County has studied the necessity for and implications of the adoption of General Government Building Impact Fees and has retained Tindale-Oliver & Associates, Inc. and, by subcontract, Growth Management Analysts, Inc. and Freilich, Leitner & Carlisle, to prepare a development impact fees report to determine the proportionate demand new development generates for additional General Government facilities. Tindale-Oliver and Associates has prepared a development impact fees report, titled "General Government Building Impact Fees," dated January 23, 2004 (attached). The Fee Report has determined that: General Government impact fees are necessary to offset the costs associated with meeting future demands for General Government facilities. General Government impact fees bear a reasonable relationship to the burden imposed upon the County to provide General Government facilities and services to new residents, employees, and businesses. General Government impact fee funds will provide a direct benefit to such new residents, employees, and businesses reasonably related to the impact fee assessed. An "essential' nexus" exists between the projected new development and the need for additional General Government facilities and services to be funded with impact fees, and between the impact fee and the benefits that accrue to new development paying the fee. A~A fvl, R 0 9 200 General Government Impact Fee Page 2 The amount of the General Government Impact Fees is proportionate to the pro rata share of the additional general government facilities and services needed to serve new' residential and non-residential development, while maintaining or exceeding a level of service (LOS) standard of 1.9 square feet per weighted resident. The CIFO provides a uniform procedure for the imposition, calculation, collection, expenditure, and administration of all of the adopted development impact fees. The impact fees for General Government facilities will be incorporated into the CIFO and administered accordingly. The uniforn~ use procedures contained within the CIFO will ensure that General Govemrnent Building Impact Fees are "earn~arked" and expended for the public facilities for which they were imposed and collected. The Florida Legislature, Florida Statutes, and case law supports the imposition of impact fees in order to offset the impacts of growth on public facilities. The CIFO ensures that development necessitating additional Public Facilities contributes its fair share towards the cost of the improvements and additions to the effected Public Facility, and also ensures that no funds for land or Public Facilities "are collected from new development in excess of the actual amount reasonably determined necessary to offset the demand on the Public Facilities generated by new development." The proportionate share of the funds contributed by new development for Public Facilities must have a rational nexus to the need attributed to the new development. The methodologies used to derive the General Government Impact Fees are consistent with the requirements above and the "dual rational nexus test." On December 3, 2003 the fee report was presented to the Development Services Advisory Committee (DSAC) for their review, comments and consideration. The committee had detailed questions regarding the scope and methodology used as a basis for the impact fee. Additionally, the DSAC members had questions regarding the necessity of implementing a new impact fee rather than continuing to rely upon funding sources traditionally dedicated to the construction of public buildings. Steve Tindale of Tindale-Oliver and Associates and Tyson Smith of Freilich, Leitner and Carlisle provided responses and additional technical information in response to the DSAC members' questions, however, the DSAC members voted against recommending that the BCC adopt the General Government Building Impact Fee. The Collier County Productivity Committee has reviewed the "General Government Buildings Impact Fees" report and on January 21, 2004 the committee unanimously endorsed the methodology, scope and intent of the report. On February 18, 2004 the Productivity Committee again unanimously voted to indicate their strong support for the adoption and implementation of the proposed impact fee. On February 10, 2004, the Ordinance and proposed new impact fee were presented to the Board of County Commissioners for consideration and adoption. The Board directed staff to return to the Board for additional review, discussion and consideration on the item on a future Board meeting date. General Government Impact Fee Page 3 GROWTH MANAGEMENT IMPACT: The Fee Report establishes that the County is projected to grow, at a weighted average population, from approximately 334,506 in 2003 to 557,682 residents in 2017 and the number of jobs in the County is projected to increase steadily between 2003 (approximately 148,566 employed) and 2017 (approximately 199,462 employed). The Board has developed and adopted a General Government Facilities Master Plan, which includes the General Government facilities to be constructed. The General Government Building Impact Fee amounts bear a reasonable relationship to the burden imposed upon the County to provide the additional capital improvement expenditures for such General Govermnent facilities necessary to serve new development at adopted level of service (LOS) standards. The proposed impact fee rates are designed to provide adequate funding, in conjunction with other available public facility financing techniques, to ensure that adequate General Government facilities are provided for new development, in accordance with the General Government Facilities Master Plan until the Capital Improvement Element of the Collier County Comprehensive Plan and budget are amended to provide for General Government facilities. Additionally, in regards to the effects of impact fees on new housing development, the adoption of the proposed General Government Building Impact Fee will increase the price of new residential units by $160 per 1,000 square feet of living area. A 2,000 square foot single-family home would have an associated General Government Building Impact Fee of $320, which is approximately a two-percent (2%) increase in the current impact fees for a single-family home. FISCAL IMPACT: The implementation of a General Govemrnent Building Impact Fee will provide financial resources for the construction and/or expansion of public buildings and facilities required to accommodate gro~vth. The proposed impact fees will not be used to fund any part of the construction of facilities that are otherwise funded, in full or part, by other impact fees or user fees. As stated above, the legal imposition of impact fees hinges on the two prongs of the "dual rational nexus test". The County has outlined a detailed plan for the construction of General Government facilities, which are directly necessitated by growth. Impact fees may legally be imposed on new development in order to facilitate the construction of capital projects/improvements, but only "to the extent new use requires new facilities." (Florida Supreme Court) This limitation on the imposition of the proposed impact fee meets the "needs" prong of the dual rational nexus test. In order to meet the "benefits" prong of the test, the County must clearly provide the restrictions on the use of the collected impact fees. The proposed impact fees would be used to fund the construction (or a portion of) general government 'facilities necessitated by growth thereby those paying the fee would receive a direct "benefit" from their expenditure. Impact Fees may not be used to fund construction due to existing deficits or MAR 0 9 200 General Government Impact Fee Page 4 shortfalls. Additionally, the proposed impact fees will not be used to fund projects that are otherwise funded by other impact fees or user fees. The follo~ving are examples of typical land uses and the applicable General Government Building Impact Fee: Land Use Square Footage Rate/l~000 sq. ft. Dollar Amount Single Family 2,000 sq. ft. $ 160 $ 320 Retail 10,000 sq. ft. $1,697 $16,968 Office 10,000 sq. ft. $1,075 $10,752 Church 3,000 sq. ft. $ 308 $ 924 General Industrial 5,000 sq. ft. $ 526 $ 2,630 It is anticipated that adoption of this impact fee ~vill generate approximately $3.8 million in the first one-year period. The revenue generated by the impact fee will provide an additional funding source for General Govemment facilities necessitated by growth. Historically, the General Fund as well as a combination of other available public financing techniques have funded such projects. Upon adoption of this Ordinance, the County will commence a three-year update cycle pursuant to Collier County Ordinance No. 2001-13, as amended, Section 74-502. In the years between updates, the County will implement annual indexing adjustments to land and building costs based on just property values published by the Collier County Property Appraiser's Office and building cost index published by the Engineering-News Record in order to incorporate changes in the relevant costs of providing General Government facilities. Once the General Government Building Impact Fee Trust Fund is established, all future studies, updates and administrative costs related to the General Government Building Impact Fee will be financed by the Trust Fund. STAFF ANALYSIS: The proposed General Government Building Impact Fee will provide a funding source for general government buildings and/or facilities that are necessitated by growth and are not funded by other impact fees, enterprise funds or user fees. Collier County has an adopted impact fee for Correctional Facilities; therefore, the General Government Building Impact Fee would not be used to construct jai!s or any support facilities related to the jail. The Community Development and Environmental Services Division building expansion was funded by fees collected related to building permits and other development related activity (user fees). Consequentially, the CDES expansion would not have been eligible to be funded by General Government Building Impact Fees. Likewise, any expansion need to support Public Utilities functions would be funded directly from the utility rates and fees. ---'"' ,C_~t)A 7~,~ OS 200 [ General Government lmpacl Fee Page 5 Additionally, when establishing the building inventory of General Government facilities that is an integral part of establishing the level of service and the impact fee, all facilities that were funded by impact fees or user fees were excluded from the inventory. This process eliminates any possibility of "double-charging" for the funding of public facilities. Another factor that necessitates a dedicated funding source for the construction of growth related General Government facilities is the Board of County Commissioner's statutory obligation to provide building (office, etc.) space to Collier County's Constitutional Officers and Judiciary Branch. This requirement includes the Clerk of Courts, Property Appraiser, Tax Collector, Supervisor of Elections, and the entire judicial function, including the judges. Each of the entities above serve the inhabitants of Collier County, therefore as the population increases the demand for the services provided by Government increases correspondingly. The Five-Year Master Plan for General Government Buildings outlines a construction plan of $108 million in impact fee eligible projects. Approximately $85 million (79%) is related to expansion for the Constitutional Officers and Judicial services. In conclusion, Collier County has an obligation to provide general government services to the residents, businesses, ~vorkforce and visitors of the County, as well as a requirement to provide space to the Constitutional Officers and Judicial branch to accommodate their expansion related to demands generated by growth. The consultants, along with direct input from staff; have developed a General Government Building Impact Fee that addresses the increase in population and the corresponding increase in demand for General Government facilities. The impact fee study sets forth a methodology for developing the impact fee that meets the trial of the "dual rational nexus" test and establishes an impact fee that is accurate and legally defensible. Adoption of the proposed impact fee will provide the County with an additional revenue stream that xvill be directed toward the construction of required General Government facilities which would otherwise be funded directly by the General Fund and ad valorem taxes. RECOMMENDATION: The Board of County Commissioncrs adopt the attached Ordinance, amending Chapter 74 of the Collier County Code of Law and Ordinances, the same being the Collier County Consolidated Impact Fee Ordinance, 2001-13, as amended, implementing the General Government Building Impact Fee rates xvith a delayed effective date of April 1, 2004. General Government Impact Fee Page 6 Prepared by: Reviewed by: Amy~on, Impact Fee Manager Iq. Denton Baker, Director Financial Administration and Housing Date: (2~-c~ ~ --~) c]~r Date: ~) -c~ ~ ~-F_~ ¢ /Jjdseph K. Sct~rn,~tt, Adminis{rator t ~ / /~ommunity Development and Environmental Services Division ~IAR 0 9 200q pg., ~5~ '~i COLLIER COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8935 March 3, 2004 Board of County Commissioners 3301 Tamiami Trail, East Naples, FL 34112 Dear Commissioners: The Productivity Committee has reviewed the impact fee proposal for the funding of Collier' County Government buildings. We unanimously agreed with the impact fees as proposed. We would like to thank Amy Patterson and Denuy Baker of the Community Development and Environmental Services Division for their excellent staff work and their presentation to the Productivity Committec. R~lly, Joed~/waja, ~ Collier County Productivity Committee Gl Jim Mudd, County Managcr Leo Ochs, Deputy County Manager Amy Patterson, Impact Fee Coordinator Denny Baker, Financial Administration & Housing Director Productivity Committee (via-email) M- R - 9 200q 9417933795 COLLIER COUNTY BCC PAGE 02/04 HUGH D. HAYES CYNTHIA A. ELLIS *N~,~'r ~um~ Ju~:x~ TWENTIETH JUDICIAL CIRCUIT OF FLORIDA O~:FICE OF THE CHIEF JUDGE COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST NAPLES. FLORIDA 3~112 (239) 774-8116 FAX NUMBER (239) 774-3184 L- CAI{ON JEFFREYS MARK MIDDLEBROOK ,S~J~o~ 13~,u~ C, ou,w Aa~t~,m February 26, 2004 Mr. James Mudd, County Manager Collier County ^drninistratJon Building 3301 E. Tamiami Trail Naplee, FI 34112 In Re: Judicial I~eeds Assessment/Physical Plant Facilities Dear Man~d~: Aa part of a follow up to the preSeOtation that I made to the Board of County Commissioners this past Tuesday, I wanted to confirm ~or you a potentially urgent need for additional courthouse space for judges' chambers and new courtrooms. As I stated this past Tuesday, Collier County is reasonably certain to get a least one new county court judge for Collier County. Qu~te frankly, I anticipate gettJng one or more circuit judges as well, and I believe that one of those cirduit judges will be based in Naples... therein lies our problem. At this particular time, we do not r~ally know where we would house the new judges because our ounrent judicia~ offi(~e apace is rn~ out, and we would not have suffi(~iertt court room space available in the normal course, of dur judicial activities. ' Several years ago, the courts hooded additional space but COuld not qualify for utilization of all of the fourth floor of Building "L". As a compromise position, we suggested that since the State Attorney's'office was being expanded and pushing the Public Defender's office out of Building "F', that the Public Defender's office C0uld occupy one-half of the fourth floor of Building "L", and we wOuld occupy the other half. Clea~ly, our need for expansion could have a detrimental impact on the use of facilities by the Publlo JDefender's office if we expand in a reasonable or anticipated. progreaak3n Into the remainder of ihe fourth floor. 03/02/2004 15:30 94i7933795 COLLIER COUNTY BCC PAGE 83/64 County Manager James Mudd Page Two February 26, 2004 Either way you look at it, someone is going to be requesting additional support facilities for their respective state offices, whether it is our Courts or potentially the office of the Public Defender. Based upon the normal length of construction time tables, we are apparently going to be in some degree of difficulty due to the fact that our first judge will probably be provided by the Legislature in January of 05 and the second judge will probably come in May of 05. I understand that no building schedule can accommodate us that quickly, however, I just wanted to bring these anticipated judicial space needs to your attention as soon as possible. Respectfully yours, HDH/jm copy to: L. Caron Joffreys, Court Administrator AGENQA ITEM No. yFr MAR - 9 200~ Pg. ~ ~ ORDINANCE NO. 2004 - AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 74 OF TIlE CODE OF LAWS AND ORDINANCES, AS AMENDED, BY ORDINANCE NO. 2001-13 (THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, AS AMENDED), PROVIDING FOR THE ADOPTION OF A GENERAL GOVERNMENT IMPACT FEE; PROVIDING FOR A SHORT NAME, PURPOSE, LIMITATION ON APPLICABILITY, PAYMENT, USE OF FUNDS, IMPACT FEE RATES; AND ANNUAL MID-CYCLE YEAR INDEXING ADJUSTMENTS; PROVIDING FOR ADOPTION OF FEE STUDY; PROVIDING FOR ADOPTION OF FACILITIES MASTER PLAN; PROVIDING FOR APPENDICES FOR IMPACT FEE RATE SC[HEDULE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN TIlE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR A DELAYED EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County (the Board) has authority to adopt proportionate share development impact fees pursuant to its home role powers under Article VIH, §l(f), Fla. Const., Chapter 125.01, et seq., Fla. Stat., and Chapter 163, Part II, Fla. Stat.; and WHEREAS, the Florida Legislature specifically has encouraged "the use of innovative land development regulations which include provisions such as ...impact fees;" and WHEREAS, the Board has studied the necessity for and implications of the adoption of General Government impact fees and has retained Tindale-Oliver & Associates, Inc. and, by subcontract, Growth Management Analysts, lnc. and Freilich, Leitner & Carlisle, to prepare a development impact fees report to determine the proportionate demand new development generates for additional General Government facilities; and WHEREAS, Tindale-Oliver and Associates has prepared a development impact fees report, titled "General Govenm~ent Building Impact Fees," dated January 23, 2004 (hereinafter the "Fee Report"); and WHEREAS, the Fee Report has been presented to, and reviewed by, the Board, which has determined (1) that General Government impact fees are necessary to offset the costs associated with meeting future demands for General Govcrrm~ent facilities, pursuant to the projections set forth in the Fee Report; (2) that the General Government impact fees bear a reasonable relationship to the burden imposed upon the County to provide General Government facilities and services to new residents, employees, and businesses; (3) General Government impact fee funds will provide a direct benefit to such nexv residents, employees, and businesses reasonably related to the impact fee assessed; (4) that an "essential nexus" exists between the projected new development and the need for additional General Government facilities and services to be funded x~dth impact fees, and between the impact fee and the benefits that accrue to new development paying the fee; and (5) that the amount of the General Government impact fees is "roughly proportional" to the pro rata share of the additional general government facilities and services needed to serve new residential and non-residential development, while maintaining or exceeding a level of service (LOS) standard of 1.9 square feet per weighted resident; and WHEREAS, the Consultants have relied upon the County for the costs of construction (including land), engineering, architectural services, park/ng, landscaping, heating and cooling facilities, and related expenses; and WHEREAS, the Fee Report establishes that the County is projected to grow from a population of approximately 334,506 weighted residents in 2003 to 557,682 in 2017; and Underlined text is added; F,~uc!~. t~reug5 text is deleted Page I of 6 MAR 0 9 WIIEREAS, the number of jobs at non-residential locations in the County is projected to increase steadily between 2003 (approximately 148,566 employed) and 2017 (approximately 199,462 employed); and V~[[EREAS, Chapter 74-101, et seq., of the Colhcr County Code of Laws and Ordinances, knov~m and cited as the "Collier County Consolidated Impact Fee Ordinance" or the "Collier County Impact Fee Regulations" (hereinafter referred to as the "Consolidated Ordinance") contains administrative provisions to ensure that the benefit of General Government facilities funded with impact fees will accrue proportionately to new development paying the fee; and ~VItEREAS, the Board has found and determined that impact fees for General Government facilities will have certain characteristics in common with other development impact fees addressed in the Consolidated Ordinance and that the County will, therefore, benefit from the adoption and use of a uniform procedure for the hnposition, calculation, collection, expenditm'e, and adininistration of all of thc adopted development impact fees; and tVIfEREAS, the use of uniform procedures will best ensure that General Government/mpact fees are "earmarked" and expended for the public facilities for which they were imposed and collected; amd YVItEREAS, the Board annually develops a capital budget and updates the Capital Improvement Element of its Comprehensive Plan to ensure new development is adequately provided with public facilities necessary to serve new development at the growth rates projected in the Fee Report and in the other Impact Fee Studies adopted and set forth at §74-106, of the Consolidated Ordinance, as amended by this Ordinance; and WHEREAS, the Board has developed a General Govenanent Facilities Master Plan, which includes the General Government facilities to be constructed and provided on a pro rata basis to new development paying the General Government impact fee; and ~vVItEREAS, based on the population, housing trait, aud land use projections as well as the General Government needs associated with the projected level of growth, the Board has determined that General Government impact fees are an appropriate and necessary techrdque, to be used in conjunction with other available public facility financing techniques, to ensure that adequate General Government facilities are provided for new development; and ~VHEREAS, the Board has determined that development impact fees are necessary for adequate General Government facilities sufficient to protect the public health, safety, and general welfare of future residents and employees generated by new development; and WltEREAS, the Board has determined that the General Government impact fee mounts bear a reasonable relationship to the burden imposed upon the County to provide the additional capital improvement expenditures for such General Government facilities necessary to serve new development at adopted level of service (LOS) standmds; and WlIEREAS, the Consolidated Impact Fee Ordinance requires formal updates of all impact fee rates in three-year cycles; and WHEREAS, since the cost of providing General Government facilities increases significantly during the years between the scheduled three-year updates, the Board desires, by indexing, to incorporate changes in the relevant costs into the General Government Impact Fee rates; and WHEREAS, the Board has developed fee calculation and indexing methodologies that will be Imposed in an equitable and non-discriminatory manner. NOW, TItEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, THAT: SECTION ONE. The report rifled "General Government Buildings Impact Fees," prepared by Tindale-Oliver & Associates, dated January 23, 2004, (hereinafter the "Fee RepoxX"), including all methodologies, assumptions, and conclusions drawn in the report, is approved and adopted. Underlined text is added; Struck t~rc. ugh-text is deleted Page 2 of 6 MAR 0 9 200 SECTION TWO. The General Government Facilities Master Plan, which is attached hereto as Exhibit "A," is hereby incorporated by this reference and adopted. General Government Impact Fee funds may be spent only in accordance with the General Government Facilities Master Plan until the Capital Improvement Element of the Collier County Comprehensive Plan and budget are amended to provide for General Government facilities. During the next budget cycle and round of amendments to the Comprehensive Plan, provision for General Government Facilities will be made in the County's annual budget and Capital Improvement Element as appropriate and the attached Master Plan shall be considered repealed upon that action. SECTION THREE. The "General Government Impact Fee Rate Schedule," wkich is attached hereto as Exhibit "B," is hereby incorporated by this reference and adopted as "Schedule Nine: General Government Impact Fee Rate Schedule" of Appendix A of the Consolidated Ordinance. SECTION FOUR. Article I, General, Section 74-104, Findings, of the Collier County Code of Laws and Ordinances (County Code) is hereby amended to read as follows: Section 74-104. Findings (4) The level of service standards for the Public Facilities as adopted in the Collier County Comprehensive Plan, or ~ the Water Master or Wastewater Master Plan, or an adopted Impact Fee Study, as may hereafter be amended from time to time are conttolling upon this chapter and are incorporated throughout this chapter. SECTION FIVE. Article I, General, Section 74-106, Adoption of impact fee studies, of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Section 74-106. Adoption of Impact Fee Studies. (9) General Government Facilities: "General Government Building Impact Fees," dated January 23, 2004, prepared by Tindale-Oliver & Associates. as amended. SECTION SIX. Article I, General, Section 74-108, General Definitions, of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Section 74-108. General Definitions. "Public Facilities" shall mean the following publicly-o~vned facilit/es and services provided by Collier County or pursuant to an interlocal agreement with Collier County: (1) Transportation systems, facilities and services; (2) Water and Sewer systems, facilities and services; (3) Parks and Recreational systems, facilities and services; (4) Library systems, facilities and services; (5) Emergency Medical systems, facilities and serdces; (6) Educational systems, facilities and services; (7) Correctional systems, facilities and services_; and (8) Fire systems, facilities and services:; and (9) General Government systems, facilities and services. SECTION SEVEN. Article II, Impact Fees, Section 74-201, Imposition of impact fe, of the ColLier County Code of Laws and Ordinances is amended to read as follows: Underlined text is added; Struck t?.~zugk text is deleted Page 3 of 6 MAR 0 9 Section 74-201. Imposition of Impact Fees. (a) General Requirements. All Development within the unincorporated areas and within the boundaries of all municipalities in the County shall pay all assessed Impact Fees unless such Impact Fees, in whole or in part, have been exempted, waived, or deferred pursuant to this Chapter. The Impact Fee shall be assessed based on a calculation of the impact of the proposed Development on the respective Public Facilities. The amount of the Impact Fee to be assessed for each type of Public Facility shall be as specified in Sections 74-302 through 74-309-74-310 (Section 74-302 - Special Requirements for Road Impact Fee; Section 74-303 Special RequJxements for Water Impact Fee and/or Sewer Impact Fee; Section 74-304 - Special Requirements for Parks and Recreational Facilities Impact Fee; Section 704-305 - Special Requirements for Library Facilities Impact Fee; Section 74-306 - Special Requirements for Emergency Medical Services Lmpact Fee; Section 74-307 - Special Requirements for Educational Facilities Impact Fee; Section 74-308 - Special Requirements for Correctional Facilities Impact Fee; and Section 74-309 - Special Requirements for Fire Facilities Impact Fee; and Section 74-310 Special Requirements for General Government Impact Fec~. SECTION EIGHT. Article II, Impact Fees, Section 74-203, Use of funds, of the Collier Count)' Code of Laws and Ordinances is hereby anmnded to add subsection "9" to read as follows: Section 74-203. Use of Funds. (a). Thc Board hereby establishes or reaffirms the establishment of separate impact fee trust funds for each of the public facilities, designated as follows: General Government: "General Govermnent hnpact Fee Trust Fund." SECTION NINE. Article III, Special Requiretnents for Specific Types of Impact Fees, Section 74-310, Special requirements for general government impact fee, of the Collier County Code of Laws and Ordinances is hereby added to read as follows: Section 74-310. Special Requirements for General Government Impact Fee. (a) Short Name. This section may be known as "Special Requirements for General Government Impact Fee." (b) Purpose. The purpose of this section is to tailor the general common requirements of this chapter to the specific requirements of General Govermnent Impact Fees. (C) Limitation on Applicability. See Sechon 74-103. (d) Payment. See Section 74-202. (e) Use of Funds. See Section 74-203. (f) Impact Fee Rates. The General Government Impact Fee Rate Schedule incorporate~ in Schedule Nine is hereby adopted and the General Government Impact Fees estabtishe, in the General Government Impact Fee Rate Schedule are hereby imposed on a] Underlined text is added; 8truck t~rough-text is deleted Page 4 of 6 --- AGENDA ITEIvl ,~'-~ MAR 0 [t 200q Development as required in this chapter at a rme established under the applicable Impact Fee Land Use Categories. (g) Annual Mid-Cycle General Government Impact Fee Rate Indexing. Begi.'nnin? February 10, 2004 the County shall commence a three-year General Government Impact Fee update cycle pursuant to Subsections 74-201.B. and 74-502.A of this Ordinance. In each of the two mid-cycle years (between the formal three-year updates) beginning on or about February 10, 2005 the County shall implement adjustments to land and building costs based on iust property values published by the Collier County Property Appraiser's Office and building cost index published by the Engineering-News Record. Mid-cycle indexed rate change adiustments shall be adopted by a Resolution of the Board pursuant to Subsection 74-201.B. of this Chapter. SECTION TEN. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions. SECTION ELEVEN. INCLUSIi3N IN CODE OF LAWS AND ORDINANCES. The provisions in Sections Four through Nine of this Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renunabered or relettered and internal cross-references amended throughout to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION TWELVE. EFFECTIVE DATE. This Ordinance shall be effective April 1, 2004, upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this __ day of March, 2004. Underlined text is added; S'..~-:!: t~r~gg~ text is deleted Page 5 of 6 MAR 0 ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLI]gR COUNTY, FLORIDA By: By: Deputy Clerk Donna Fiala, Chairman Date: Date: Approved as to form and legal sufficiency: Thomas C. Palmer Assislant County Attorney Patrick G te Assistant County Attorney Underlined text is added; Stru:k t~-~.agt~text is deleted Page 6 of 6 AC~.NI:)A ITEM MAR 0 APPENDIX A SCHEDULE NINE: GENERAL GOVERNMENT BUILDING IMPACT FEE SCHEDULE Land Use Rate Residential Residential Manufactured Home $159.60/1,000 sq ft $288.40/1,000 sq ft Transient~ Assisted~ Group Hotel/Motel Nursing Home/ALF $266.00/Room $344.40/Bed Recreational Marina Golf Course Movie Theater with Matinee $89.60/Berth $9,777.60/18 Holes $3,306.80/Screen Institutions Hospital Elementary School Middle School High School Jr./Community College University/College Church Day Care Center $834.40/1,000 sq ft $64.40/Smdent $86.80/Smdent $103.60/Student $106.40/Student $187.60/Student $308.00/1,000 sq ft $246.40 Student Office and Financial Office 50,000 sq ft or less Office 50,001-100,000 sq ft or less Office 100,001-200,000 sq f~ or less Office 200,001-400,000 sq ft or less Office Greater than 400,000 sq ft Medical Office $1,075.20/1,000 sq ft $915.60/1,000 sq ft $778.40/1,000 sq ft $663.60/1,000 sq ft $604.80/1,000 sq. ft $1,352.40/1,000 sq ft Retail Specialty Retail Retail 50,000 sq ft or less $1,411.20f $1,696.80f Words ........ ~ are deleted, words underlined are added. MAR O 9 2OOq APPENDIX A SCHEDULE NINE: GENERAL GOVERNMENT BUILDING IMPACT FEE SCHEDULE (CONTrNUED) Retail (continued) Retail 50,001-100,000 sq fl Retail 100,001-150,000 sq fl Retail 150,001-200,000 sq fl Retail 200,001-400,000 sq fl Retail 400,001-600,000 sq fl Retail 600,001-1,000,000 sq ft Retail greater than 1,000,000 sq fl Pharmacy/Drag Store w/Drive-Thru Home Improvement Superstore Quality Restaurant High Turnover Restaurant Fast Food Rest. w/Drive-Thru Gas/Service Station Quick Lube Supermarket Convenience Store Convenience Store w/Gas Convenience Store/Gas/Fast Food Auto Repair Tire Store New/Used Auto Sales Self Service Car Wash Bank/Savings: Walk-in Bank/Savings: Drive-in Industrial General Industrial Business Park Mini-Warehouse $1,568.00/1,000 sq ft $1,722.00/1,000 sq ft $1,596.00/1,000 sq fl $1,344.00/1,000 sq fl $1,402.80/1,000 sq fl $1,386.00/1,000 sq fi .$1,190.00/1000 sq fl $1,173.20/1,000 sq ft $1,204.00/1,000 sq ft $3,880.80/1,000 sq ft $4,289.60/1,000 sq fl $4,550.00/1,000 sq fl $988.40/Fuel Position $672.00/Ba¥ $1,556.80/1,000 sq ft $2,542.40/1000 sq fl $2,595.60/Fuel Position $3,852.80/1,000 sq fl $1,797.60/1,000 sq ft $929.60/Ba¥ $1,128.40/1,000 sq ft $1,139.60/Ba¥ $1,570.80/1,000 sq fl $1,372.00/1,000 sq ft $526.40/1,000 sq fl $1,271.20/1,000 sq ft $44.80/1000 sq ft Words ~"a ..... w. are deleted; words underlined are added. AGENOAITEM /h i MAR O S 2oaq COLLIER COUNTY GENERAL GOVERNMENT BUILDING IMPACT FEES FINAL REPORT Prepared for: Collier County Prepared By: Tindale-Oliver and Associates, Inc. with Growth Management Analysts, Inc. Tampa, Florida January 23, 2004 07315.03 ~AR 0 9 20L COLLIER COUNTY GENERAL GOVERNMENT BUILDING IMPACT FEES Table of Contents I. INTRODUCTION .......................................................................................................... 1 II. SERVICE AREA .......................................................................................................... 1 III. LEVEL OF SERVICE ................................................................................................. 1 IV. IMPACT COST ........................................................................................................... 7 V. APPORTIONMENT OF DEMAND BY RESIDENTIAL UNIT TYPE & SIZE ...... 12 VI. IMPACT FEE SCHEDULE ...................................................................................... 13 VII. ANNUAL INDEXING OF FEE COMPONENTS .................................................. 14 APPENDIX A LIST OF TABLES TABLE TABLE TABLE TABLE TABLE TABLE TABLE TABLE TABLE TABLE TABLE TABLE TABLE TABLE TABLE TABLE 1: General Government Building Inventory 2004 & 2017 ............................ 2 2: Baseline Population and Employment Data ......................................... 3 3: Functional Population Coefficients ................................................... 5 4: Functional Population, 2003 and 2017 ...............................................6 5: Observed and Projected Level of Service (Functional Residents) ............... 6 6: Observed and Projected Level of Service (Weighted Residents) ................. 7 7: General Government Facilities Impact Cost per Functional Resident ........... 8 8: Revenue Sources for General Government Facilities ................................ 9 9: New Development Share of Total Development .................................... 10 10: Assessed Property Value, 2003 .....................................................11 11: Net Impact Cost per Functional Resident ......................................... 12 12: Relationship Between House Size and Occupancy Level ....................... 13 13: Housing Unit Size and Occupancy Characteristics .............................. 13 14: Net Impact Fee Schedule ............................................................ 14 15: Building Cost Index .................................................................. 16 16: Collier County Land Values ......................................................... 17 Tindale-Oliver and Associates, Inc. C Growth Management Analysts, Inc. Impact Fee- Fi January 2004 1:~07315.03 Collier County Gov~t Bldg IFtDocs~Collier County Gov't Bldgs Report Final._2OO4.doc ~LXt~L~4DA ffEM MAR 0 9 200q COLLIER COUNTY GENERAL GOVERNMENT BUILDING IMPACT FEES I. INTRODUCTION Collier County provides a variety of buildings that are used to deliver government services to businesses and residents that are not included in other impact fee program areas. At this time, the County wishes to establish an impact fee program to help it finance new or expanded General Government Building facilities. This technical report identifies the service area, recommends the level of service, estimates the impact cost, identifies potential revenue credits, and calculates the net impact fee schedule for these facilities. II. SERVICE AREA A review of the County's General Government Buildings inventory and other impact fee program areas indicate that the buildings to include in this impact fee are court, health, other government services, related support, and mixed purpose facilities located throughout the County. Because these facilities service the County as a whole, the service area includes all of Collier County including the population of its municipalities. III. LEVEL OF SERVICE The Collier County Growth Management Plan does not specially address General Government Building facilities for level of service (see Capital Improvement Element amended November 2, 2002). The Capital Improvement Element (see page 3) requires capital demand estimates be based on the general formula: Where Q: (s x D) - I Q is the quantity of facility (in square feet) needed to be built or expanded over the planning horizon; S is the standard of service (in square feet per person) for the facility; D is the projected demand, such as population, to be served at the end of the planning horizon; and Tindale-Oliver and Associates, Inc. Growth Management Analysts, Inc. January 2004 Collie Impact Fee - Final 1:107315.03 Coflier County Gov't Bldg IF~DocslCollier County Gov~t Bldgs Report Final._2OO4.doc c'ou ¢. Repo'~~ o s 2oo I is the current inventory of facilities in square feet. Because General Government Building facilities serve ali residents, workers, and visitors, more than the population needs to be considered. The "functional" weekday daytime population approach for daytime-use facilities is used to establish a common unit of demand across different land uses (Arthur C. Nelson, Estimating Land-Use and Facility Needs for Comprehensive Plans, American Planning Association, 2003). Calculating functional population entails three steps. The first is establishing the inventory of General Government Buildings in the base and planning horizon years. The County provided its current inventory, which establishes a baseline inventory for General Public Buildings for 2003. In addition, the County's 1998 Master Plan provides the inventory to 2017, summarized in Table 1. It should be noted that in calculating the inventory for 2017, only the additions in Phases Two through Four are included since Phase One was to be completed in 2002 and therefore should already be included in the 2004 inventory. Table 1 General Government Building Inventory 2004 & 2017 Year Square Feet 2004 580,873 (1) 2017 1,168,739 (2) Difference 587,866 Note: Figures exclude square footage of support facilities. Source: (1) Collier County 2004 Inventory List; (2) 1998 Master Plan. The next step is to calculate the weighted population. This begins with baseline (2003) and projected (2017) population, including seasonal residents, and employment. These figures are shown in Table 2. Tindale-Oliver and Associates, Inc. Growth Management Analysts, Inc. January 2004 Col Impact Fee- Fin. IA07315. 03 Collier County Gov't Bldg IF~DocstCotlier County Gov3 Bldgs Report Final_2OO4.doc ier Cq46jty , Il Report 0 9 200 Table 2. Baseline Population and Employment Data Data Category 2003 2017 Population Data Category Year-Round Population 299,479 502,439 Seasonal Peak Population 106,145 167,403 [Veighted Residents 334,506 557,682 Employment Data Category Natural Resources 12,148 14,202 Construction 14,814 18,026 Manufacturing 3,562 4,664 TCU 3,337 4,055 Wholesale 3,843 5,007 Retail 28,709 39,404 FIRE 16,483 19,392 Business & Professional Services 54,52'1 78,805 Government 11,149 15,906 Total Employment 148,566 199,462 Note: Figures may not add due to rounding. Source: Population figures are obtained from Collier County Planning Section. Employment figures are from Woods In the third step, the figures in Table 2 are converted into functional residents. Table 3 shows the weighting factors used to adjust resident weighted population and employment into functional weekday daytime population. Developing the residential component of functional resident population is simpler than nonresidential component. It is generally assumed that people spend one-half to two- thirds of their time at home and the rest of each 24-hour day away from their place of residence. For the purposes of this analysis, it was assumed that, on average, people spend approximately 12 hours, 50 percent, of each 24-hour day at their place of residence. Developing estimates of functional residents for nonresidential land uses is more complicated than for residential land uses, given the varying characteristics of non- residential land uses. Nelson and Nicholas originally introduced a method for estimating functional resident population, now used internationally (see Arthur C. Nelson and James C. Nicholas, "Estimating Functional Population for Facility Planning." Journal of Urban Planning and Development 118(2): 45-58 (1992).). This method uses trip generation data from the Institute of Transportation Engineers' (ITE) Trip Generation Manual, information on the number of employees per impact unit (such as per 1,000 square Tindale-Oliver and Associates, Inc. Collier Growth Management Analysts, Inc. Impact Fee- Final January 2004 1:~07315. 03 Collier County Gov't Bldg IF3Doc$1Collier County Gov~ Bldgs Report Fina/_2OO4. doc 0 9 200 space, per student, per automobile service bay, etc.), passengers per vehicle, and length of time spent at the land use. Specific calculations include' · Total one-way trips per impact unit (ITE trips times 50 percent to avoid double counting entering and existing trips as two trips); · Employee per impact unit based on Arthur C. Nelson (2003) Estimating Land- Use and Facility Needs for Comprehensive Plans, Chicago: American Planning Association; · Visitors per impact units based on occupants per trip minus journey-to-work based occupants per trip; · Worker hours per week per impact unit (such as workers times nine hours per day times five days in a work week); · Visitor hours per week per impact unit (visitors times number of hours per day times relevant days in week); · Functional residents (total hours occupied divided by hours in the week, which is 11 hours per day x 5 days per week in the case of government building (i.e., total hours government buildings tend to be open to service)). Table 4 uses the functional population coefficient estimates obtained from Table 3 to calculate the total functional population for 2003 and 2017. THIS SPACE IS INTENTIONALLY LEFT BLANK. Tindale-Oliver and Associates, Inc. Growth Management Analysts, Inc. January 2004 Collie~ Impact Fee- Final 1:~07315.03 Collier County Gov? B/dg IF~Docs~Colfier County Gov't Bldgs Report Final_2OO4.doc Cou~ ,~ £ I ~eport t,4 R 0 9 200q Table 4. Functional Population, 2003 and 2017 Residents & Functional Residents & Functional Employees Population Employees Population Land-Use Category 2003 (1) 2003 2017 (1) 2017 Weighted Residents 334,506 167,253 557,682 278,84 l Employment Natural Resource 12,148 3,037 14,202 3,551 Construction 14,814 12,156 18,026 14,791 Manufacturing 3,562 2,975 4,664 3,896 TCU 3,337 2,763 4,055 3,358 Wholesale Trade 3,843 3,184 5,007 4,149 Retail Trade 28,709 55,321 39,404 75,931 FIRE 16,483 13,614 19,392 16,017 Services 54,521 45,032 78,805 ·65,090 Government 11,149 9,213 15,906 13,143 Total Employment 148,566 147,295 199,462 199,925 Functional Population Total 314,549 478,766 (1) Source: Collier County Comprehensive Planning Section. Table 5 summarizes the levels of service observed in 2003 and projected in 2017. The trend is for approximately 15 percent higher finished square feet per functional resident in 2017 than observed in 2003. Table 5 Observed and Projected General Government Building Level of Service, 2003 & 2017 Functional Square Feet Year Square Feet Residents Per Fn. Resident 2003 580,873 (1) 314,549 (3) 2017 1,168,739 (2) 478,766 (3) Sollrcesz 1.9 2.4 (1) Collier County 2004 Inventory List (2) 1998 Master Plan (3) Collier County Comprehensive Planning Section Growth Management Analysts, Inc. January 2004 Recommendation. Based on the foregoing analysis, we recommend a level of service of 1.9 finished square feet of General Government Building facilities per functional resident. Table 6 provides the 2003 level of service and projected 2017 level of service in relation to weighted population. The weighted resident figures are adapted from the County's rindale-Oliver and Associates, Inc. Colliei "Coun~GENDA IlE,~ ~r~ Impact Fee - Final ~epa~k IA07315.03 Collier County Gov't Bldg IP-~Docs~Collier County Gov't Bldgs Repot~ Final_2OO4.doc 6 ~AR 0 9 200~ Comprehensive Planning estimates. Although the analysis will be based on functional population, figures in Table 6 provide the County with a tool to check their level of service in future years since it is easier for the County to estimate the weighted population as opposed to functional population. Table 6 Observed and Projected General Government Building Level of Service, 2003 & 2017 Weighted Square Feet Year Square Feet Residents Per Resident 2003 580,873 (1) 334,506 (3) 2017 1,168,739 (2) 557,682 (3) 1.7 2.1 Sources: (1) Collier County 2004 Inventory List (2) 1998 Master Plan (3) Collier County Comprehensive Planning Section IV. IMPACT COST The next consideration addresses the cost to construct new General Government Building facility space. The costs considered include construction (including land), engineering, architectural services, parking, landscaping, heating and cooling facilities, and related expenses. Based on the estimated value of buildings and land provided by the County, an average figure of $184.32 per square foot of building cost and $35.15 of land cost per square foot of building is used~. It should be noted that the square footage included in this calculation is only the space for the primary buildings, excluding the related support facilities. However, the cost used in the calculation of the building construction does in fact include the cost of the necessary support facilities. Table 7 reports these figures as applied to the recommended level of service standard, 1.9 square feet per functional resident. The resulting cost is $416.99 per functional resident. Land cost is based on the average historical cost per acre from the 2004 Inventory. It is assumed that 0.15 acres per 1,000 square feet of general administration :government buildings is needed. Tindale-Oliver and Associates, Inc. Collier C, Growth Management Analysts, Inc. Impact Fee - Final Re January 2004 1:~07315.03 Collier County Gov't Bldg II%Docs~Collier County Gov't Bldgs Report Final_2OO4.doc ,~nty No.__.____~, ~ort 7MAR 0 9 200/.! Table 7. General Government Facilities Impact Cost Per Functional Resident Calculation Steps Figure* 1 LOS -- Square feet per functional resident 2 Estimated replacement cost per square foot, 2004 3 Land cost per square foot of building, 2004 4 Total cost per square foot of building, 2004 5 Impact cost per functional resident 1.9 $184.32 $35.15 $219.47 $416.99 Notes * Figures may not multiply due to rounding. I From Table 5. 2 Estimated replacement cost from spreadsheet inventory finalized January 2004. 3 Land cost obtainecl from spreadsheet inventory finalized January 2004. NET IMPACT COST To avoid over-charging or double-payments, a f'mal set of calculations is undertaken. These include reducing the impact cost to reflect external revenues exclusive of impact fees (from federal, state, and non-government local sources) that may be available to help finance facilities, as well as credit to reflect the future and past contributions to facilities accommodating new development. Table 8 summarizes the source of revenue anticipated to finance General Government Building facilities over the Master Plan period, 1997 through 2017. Note that no external and non-local government revenues are anticipated nor have such been available since the Master Plan was prepared in 1998. In all cases, the General Fund combined occasionally with bonds are the anticipated sources of revenue. However, even the General Fund source is a form of bond financing if general revenues are pledged to retire bonds. The impact cost is thus not adjusted to reflect federal, state, or other non-government local funding sources. Tindale-Oliver and Associates, Inc. Co,4rCo F O^' i Impact Fee - Fina[Reti~-----~t~l !~ Growth Management Analysts, Inc. January 2004 IA07315.03 Collier County Gov't Bldg IF~DocstCollier County Gov't Bldgs Report Final_2OO4.doc Table 8. Revenue Sources for General Government Building Facilities Project Demolition of Bldg A prior to building of Government Center Annex Govemment Complex Government Center Courthouse Annex Golden Gate Government Center Medical Examiner Facility Bldg. W Expansion North Naples Government Services EOC Funding Source General Fund General Fund General Fund General Fund General Fund General Fund General Fund/Bond General Fund/Bond *Debt service for these facilities to be paid using Community Development Fees and rents from leased spaces to other state and county government departments. Some of the rent income will come from general fund. Credit for future payments made by new development for General Government Building facilities is the next consideration. The question posed here is the extent to which new development will contribute to the overall general revenue base over the next 20 years. Table 9 shows that, assuming constant annual growth from 2003 through 2023, new development's share of total development will be about 27.16 percent. Impact Cost will be reduced by this factor to account for new revenue generated by new development that may flow into the general fund and be used to help finance General Government Building facilities. Tindale-Oliver and Associates, Inc. Growth Management Analysts, Inc. Impact Fee - January 2004 1:~07315.03 Collier County Gov? Bldg II=~Docs~Collier County Gov't Bldgs Report Final._2OO4.doc Table 9. New Development Share of Total Development Functional Existing New Residents Development Development Year Share Share 2003 314,549 100.00% 0.00% 2004 326,279 98.17% 1.83% 2005 338,009 96.40% 3.60% 2006 349,738 94.70% 5.30% 2007 361,468 93.06% 6.94% 2008 373,198 91.47% 8.53% 2009 384,928 89.94% l 0.06% 2010 396,658 88.46% 11.54% 2011 408,387 87.02% 12.98% 2012 420,117 85.63% 14.37% 2013 431,847 84.28% 15.72% 2014 443,577 82.98% 17.02% 2015 455,306 81.72% 18.28% 2016 467,036 80.49% 19.51% 2017 478,766 79.30"/0 20.70% 2018 490,496 78.14% 21.86% 2019 502,226 77.02% 22.98% 2020 513,955 75.93% 24.07% 2021 525,685 74.87% 25.13% 2022 537,415 73.84% 26.16% 2023 549,145 72.84% 27.16% The last consideration is for past payments. Here, the share of total buildable vacant land (residential, commercial, and industrial) to total assessed value is reviewed to develop the percentage of the vacant land assessment to the total county assessment. Table 10 indicates that the vacant land assessment is approximately 6 percent of total assessed value. This percentage is used to give credit for past property taxes paid by property owners of vacant land, who are unlikely to use the government buildings. Since some of the government buildings were paid with general fund, it is appropriate to give credit against the total impact fee for the ad-Valorem taxes paid for vacant properties. Tindale-Oliver and Associates, Inc. Collier Growth Management Analysts, Inc. Impact Fee - Final i~ January 2004 1:[07315.03 Collier County Gov3 Bldg IF~Docs~Collier County Gov't Bldgs Report Fina/__2OO4.doc :o.n O. eport 0 9 200 Table 10 Assessed Property Value, 2003 Land Use Improved Single Family Residential Condominiums Cooperatives Improved Commercial Improved Industrial Assessed Value $23,216,191,956 $18,482,991,472 $380,932,621 $3,509,382,606 $618,968,496 $46,208,467,151 Agriculture, Other Agriculture Other $228,454,428 $6,323,505,356 $6,551,959,784 Vacant Residential Vacant Vacant Commercial Vacant Industrial $2,648,921,583 $448,014,219 $101,828,563 $3,198,764,365 Countywide Total Land Value Vacant Land as Percent (1) $55:959.191:300 5.72% (1) Vacant Land Percent = $3,198,764,365 / $55,959,191,300 Source: Summation of data supplied by Kevin J. Lilly, October 28, 2003.- Table 11 summarizes the analysis to generate the net impact cost per functional resident. Tindale-Oliver and Associates, Inc. Growth Management Analysts, Inc. January 2004 Collier C, Impact Fee - Final Rt 1:107315.03 Collier County Gov't Bldg II~Docs~Collier County Govt BIdgs Report Final_2OO4. doc Table 11 Net Impact Cost Per Functional Calculation Step Impact Cost Analysis Impact cost per functional resident (1) Credit Analysis External, non-local government credit (2) Future share of revenue stream (3) Past share of revenue stream (4) Total credit percent (5) Total credit amount (6) Net impact cost per functional resident (7) Figure* $416.99 0.00% 27.16% 5.72% 32.88% $137.11 $279.88 * Figures may not multiply due to rounding. (1) From Table 7. (2) Does not exist in the case of Collier County. (3) From Table 9. (4) From Table 10. (5) Total credit percent = (3) plus (4). (6) Total credit amount = (1) * (5) (7) Net impact cost per functional resident = (1) - (6) It should be noted that using 27.16 percent credit for the new development's share assumes that in the future a large percentage of govermnent buildings will be built through debt service or other non-impact fee funding sources and represents a very conservative estimate. If the County makes a policy decision to not use bonds or other funding sources for government building financing, the credit would be lower and the fees would be higher. V. APPORTIONMENT OF DEMAND BY RESIDENTIAL UNIT TYPE AND SIZE Demand for General Government Building facilities should be apportioned based on functional residents. Among commercial, industrial, and retail structures, impact fees will be assessed based on size, usually in units of 1,000 square feet of building space. The same should be done for residential development. Consider the following relationships between house size, measured as number of bedrooms, and number of occupants presented in Table 12. Table 12 Tindale-Oliver and Associate& Inc. Growth Management Analysts, Inc. January 2004 Collier Impact Fee - Final R, 1:~07315,03 Collier County Gov~t Bldg IPADocstCollier County Gov? Bldgs Report Final_2OO4.doc uort ' AR 0 9'200 1 Relationship Between House Size and Occupancy Level Nation, Urban and Suburban Status, South -2001 Detached Housing Unit Data Nation House Size 1,737 Bedrooms 2.75 Average square feet per person 720 Average bedrooms per person 1.08 Median Household Size (all occupied units) 2.55 Urban Suburban South 1,767 1,771 1,663 2.68 2.85 2.79 719 722 720 1.05 1.07 1.12 2.54 2.66 2.50 Source: American Housing Survey, 2001. There is a certain amount of consistency across the nation in terms of the number of people living in single family detached housing (including manufactured homes) and house size, number of bedrooms, bedrooms per occupant, and household size. We also know statistically from Census data that larger homes have more people in them than smaller homes. This relationship tends to flatten out at about 3,000 square feet of living area. There are always anecdotes about some larger units occupied by very few people - as few as one in some mansions, and about some smaller units occupied by many people - such as whole families in one or two bedroom apartments, but these tend to be the statistical outliers. In Collier County we find the following relationships in Table 13. Table 13 Housing Unit Size and Occupancy Characteristics Collier County, Florida 2000 Residents Square Feet Per 1,000 Housing Unit Type Per Resident Sq. Feet Residential 838 1.19 Manufactured Home 462 2.16 Source: Units and residents figures from Census 2000 for Collier County. Calculations also use unit size data from County Assessor, 2003 (not shown above). VI. IMPACT FEE SCHEDULE Based on the analysis presented in this report, the following provides an impact fee schedule. Assumptions that are used to calculate this schedule are included in Appendix A. Tindale-Oliver and Associates, Inc. Collier Growth Management Analysts, Inc. Impact Fee - Final It January 2004 1:~07315.03 Collier County Gov~t Bldg II~DocsICollier County Gov't Bldgs Repo/~ Final_2OO4.doc ~ounty AGENDA IT~ ~ 13 MAR 0 9 200z Table 14 Net Impact Fee Schedule Weekday Net Impact Cost @ $280 per Land Use Impact Unit Functional Functional Residents Resident Residential Residential 1000 sq ft 0.57 $15960 Manufactured Home 1000 sq ft 1.03 $288.40 Transient, Assisted, Group Hotel/Motel Room 0.95 $266.00 Nursing Home/ALF Bed 1.23 $344.40 Recreational Marina Berths 0.32 $89.60 Golf Course 18 holes 34.92 $9,777.60 Movie Theater with Matinee Screen 11.81 $3,306.80 Institutions Hospital 1,000 sq ft 2.98 $834.40 Elementary School Student 0.23 $64.40 Middle School Student 0.31 $86.80 High School Student 0.37 $103.60 Junior/Community College Student 0.38 $106.40 University/College Student 0.67 $187.60 Church 1,000 sq ft 1.10 $308.00 Day Care Center Student 0.88 $246.40 Office and Financial Office 50,000 SF or less 1,000 sq ft 3.84 $1,075.20 Office 50,001-100,000 SF 1,000 sq ft 3.27 $915.60 Office 100,001-200,000 SF 1,000 sq ft 2.78 $778.40 Office 200,001-400,000 SF 1,000 sq ft 2.37 $663.60 Office rjreater than 400,000 SF 1,000 sq ft 2.16 $604.80 Medical office 1,000 sq ft 4.83 $1,352.40 Tindale-Oliver and Associates, Inc. Collier Co: Growth Management Analysts, Inc. Impact Fee - Final Rei January 2004 1:~07315.03 Collier County Gov't Bldg IIqDocs~Collier County Gov't Bldgs Report Final_2OO4. doc 14 0 9 200q Weekday Net Impact Cost ~ $280 Land Use Impact Unit Functional Residents per Functional Resident Retail, Gross Scluare Feet Specialty Retail 1,000 scl ft 5.04 $1,411.20 Retail 50,000 sfgla or less 1,000 sq ft 6.06 $1,696.80 Retail 50,001 - 100,000 sfgla 1,000 scI ft 5.6 $1,568.00 Retail 100,001 - 150,000 sfgla 1,000 sq ft 6.15 $1,722.00 Retail 150,001 - 200,000 sfgla 1,000 sq ft 5.7 $1,596.00 Retail 200,001 - 400,000 sfgla 1,000 sq ft 4.8 $1,344.00 Retail 400,001 - 600,000 sfgla 1,000 sq ft 5.01 $1,402.80 Retail 600,001 - 1,000,000 sfgla 1,000 sq ft 4.95 $1,386.00 Retail over 1,000,000 sfgla 1,000 sq ft 4.25 $1,190.00 Pharmacy/Drug Store w/drive-Thru 1,000 sq ft 4.19 $1,173.20 Home Improvement Superstore 1,000 sq ft 4.3 $1,204.00 Quality Restaurant 1,000 scl ft 13.86 $3,880.80 High Turnover Restaurant 1,000 scIft 15.32 $4,289.60 Fast Food Rest. w/Drive-Thru 1,000 scI ft 16.25 $4,550.00 Gas/Service Station Fuel pos. 3.53 $988.40 Quick Lube Bays 2.4 $672.00 Supermarket 1,000 sq ff 5.56 $1,556.80 Convenience Store 1,000 sq ft 9.08 $2,542.40 Convenience Store w/Gas Fuel pos. 9.27 $2,595.60 Convenience Store w/Gas and Fast Food 1,000 sq ft 13.76 $3,852.80 Auto Repair 1,000 sq ft 6.42 $1,797.60 Tire Store Bays 3.32 $929.60 New and Used Car Sales 1,000 sq ft 4.03 $1,128.40 Self Service Car Wash Bays 4.07 $1,139.60 Bank/Savings Walk-in 1,000 scIft 5.61 $1,570.80 Bank/Savings Drive-in 1,000 scIft 4.9 $1,372.00 Industrial $0.00 General Industrial 1,000 scl ft 1.88 $526.40 Business Park 1,000 scI ft 4.54 $1,271.20 Mini-Warehouse 1,000 scIft 0.16 $44.80 VII. ANNUAL INDEXING OF FEE COMPONENTS In many cases, impact fees are reviewed periodically (every three years, etc.) instead of on an annual basis with no adjustment to the fee schedule during this period. This creates a situation where major adjustments become likely to be required during updates due to the time between the adjustments. In recent years, the most volatile component of the total cost has been the land value. This factor creates the potential for major changes in Collie Cou Impact Fee - Final ~{eport --~ 0 9 200 Tindale-Oliver and Associates, Inc. Growth Management Analysts, Inc. January 2004 IA07315.03 Collier County Gov~t B/dy IF~Docs~Oollier County Gov't Bldgs Report Final_2OO4. doc Pg. presented in Table 15, over the past 10 years, the average increase in building cost has been approximately 2.1 percent. Table 15 Building Cost Index Annual Avg Percent Change 1993 2996 1994 3111 3.8% 1995 3111 0.0% 1996 3203 3.0% 1997 3364 5.0% 1998 3391 0.8% 1999 3456 1.9% 2000 3539 2.4% 2001 3574 1.0% 2002 3623 1.4% 2003* 3688 1.8% Average 2.1% * Thru November only Source: Engineering News-Record, Building Cost Index History (1915-2003) Land Costs In contrast to building costs, land values fluctuated significantly between 1993 and 2002, as presented in Table 16. During this time period, annual percent growth of land values ranged from 5.1 percent to 22.7 percent. Given these fluctuations, it is recommended that the County use a running 10-year average growth rate for indexing purposes. Table 16 illustrates an average growth of 11 percent between 1993 and 2002. When the 2003 just values become available, the County will be able to calculate a 1 O-year average growth rate for the time period from 1993 to 2003, which then can be used for indexing purposes. When 2004 values become available, the average would be based on growth in land values between 1994 and 2004, and so on. This method of indexing will reduce heavy fluctuations in impact fees due to changes in land values and will limit the concerns of the development community. Tindale- Oliver and Associates, Inc. Collier Couni Growth Management Analysts, Inc. Impact Fee - Final Repo January 2004 l:~07315.03 Collier County Gov~t Bldg IF~Docs~Collier County Gov't Bldgs Report Final_2OO4.doc Table 16 Collier County Land Values Year Just Values Percent Change 1993 $18,440,257,462 1994 $19,387,178,018 5.1% 1995 $20,463,371,228 5.6% 1996 $21,751,280,540 6.3% 1997 $23,436,330,545 7.7% 1998 $25,777,151,470 10.0% 1999 $29,830,939,079 15.7% 2000 $32,346,598,000 8.4% 2001 $39,681,620,000 22.7% 2002 $47,901,215,997 20.7% Average 11.4 % Source: Collier Property Appraiser's Website (ww~v.collierappraiser.com/taxrollsum.asp) & BEBR Application It may be useful to illustrate how these indices can be applied. As presented in Table 7, of the $219.43 total cost per square foot of building, approximately 84 percent is for the buildings ($184.32) and 16 percent is for the land ($35.15). Applying these percentages to the average cost increases presented previously would provide a combined index of 4.2 percent [(2.1 x .84) + (11.4 x .16): 3.6], which then can be applied to all fees presented in Table '14. For example, using this index, the cost for 1,000 square feet of residential land use would increase from $175.47 to $181.09 [(175.47) * (1+0.036) = $181.79] at the end of the first year. Tindale-Oliver and Associates, Inc. Growth Management Analysts, Inc. January 2004 Collier Cour Impact Fee - Final Repo 1:[07315.03 Collier County Gov~ B/dg IIqDocs[Collier County Gov? Bldg$ Report Final._2004. doc y AGE. NOA" NO.__.__..~ 7 HAR 0 9 200 APPENDIX A MAR 0 9 200~ AGENDA I1'~:~ No. MAR 0 9 '200~ MAR 0 9 200ti AGENDA No. MAR 0 9 200~ 0~- IA. z 0 Z"' O< MAR 0 9 200~t AGENDA IT~. ,~; HAR 0 9 200~t GENERAL GOVERNMENT BUILDING IMPACT FEE INVENTORY Name of Structure GG Service Center Marco Tax Collector Immokalee Courthouse Immokalee Health Department (CHSI) Immokalee Barn (First Floor) Immokalee Barn (Second Floor) Imm. Transportation Bldg. Fairgrounds Office Fairgrounds Maintenance Bldg. Agriculture Building NN Goverment Service Center Medical Examiners Office Building "B" Elections Building "C-1" Tax Collector Building "C-1 Addition" Tax Collector Building "C-2" Property Appraiser Building "C-2 Addition" Property Appraiser Building "D" PWED Building "E" Snack Bar Building "F" Administration 1st Floor Building "F" Administration 2nd Floor Building "F" Administration 3rd Floor Building "F" Administration 4th Floor Building "F" Administration 5th Floor Building "F" Administration 6th Floor Building "F" Administration 7th Floor Building "F" Administration 8th Floor Building "G" Transportation Building "H" Health 1st Floor Building "H" Health 2nd Floor Building "H" Health 3rd Floor Building "K" Chiller Building Building "L" Courthouse 1st Floor Building "L" Coudhouse 2nd Floor Building "U' Courthouse 3rd Floor Building "L" Courthouse 4th Floor Building "L" Courthouse 5th Floor Building "L" Courthouse 6th Floor Building "L" Courthouse Mezz. Building '~N" General Services - 1st Floor Building '"W" General Services - 2nd Floor Stormwater/Aquatic Plant County Barn (1st FI.) County Bam (2nd FI.) Animal Control Admin. Animal Crt'l Sally Port Animal Crt'l Kennel 1 Animal Crt'l Kennel 2 Animal Crt'l Kennel 3 Animal Ctr'l Stable Airport Place - Tax Collector Address 4715 Golden Gate Parkway 1040 Winterberry 106 S. 1st Street 419 N. 1st Street 402 Stockade Road 402 Stockade Road 550 Stockade Road 14700 Immokalee Road 2385 Orange Blossom 3838 Domestic Avenue 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E. 'ramiami Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 2901 County Barn Road 2901 County Barn Road 2901 County Barn Road 7610 Davis Boulevard 7610 Davis Boulevard 7610 Davis Boulevard 7610 Davis Boulevard 7610 Davis Boulevard 7610 Davis Boulevard 721 Airport Rd. S TOTAL Square Feet 7,236 2,699 lO,495 14,778 7,265 7,265 3,358 1,748 3,600 13,361 16,o00 13,238 7,16o 14,719 3,307 lO,142 2,404 8,388 713 10,771 10,848 10,858 10,858 10,858 10,858 10,858 10,858 5,569 24,385 29,775 30,080 5,520 22,951 23,497 22,021 22,211 22,041 22,041 22,949 21,782 21,840 1,375 16,419 16,419 8,933 6,727 3,949 3,949 3,949 3,159 AGENOA MAR 0 § 2O0q 1/~/~nn~ o o N~ MAR 0 9 2O0q FUNCTIONAL RESIDENTS PER UNIT For all Residential land uses found in Table A-I, the weekday functional residents per unit is calculated by the following. For the Residential Land Use: Residents per unit, 1.194 (Column A), is multiplied by 0.95(Column B) because of a 95% occupancy rate, adjusting the residents per unit to 1.1340 (Column C). It is assumed that residents are home during the week 50% of the time, so the residents per unit (1.i340) is multiplied by O. 50 to calculate the work week residents per unit, O. 567, (Column H). For the Transient, Assisted, and Group Residential land uses: The calculation is as follows: Adjusted Residents per Unit times the following: [(Occupants * Hours per daf * Days per Week) + (Workers * Hours per Daf * Days per Week) ] (11 Hou~s per Day * 5 Days per Week) See attached Diagram 1 illustrating the functional population distribution for Residential land MARO9200q I Diagram #2: Functional Population Distribution General Government Building Distribution of Use Purchasing Personnel Administration Emergency Dispatch General Gov't. Bldg. Supports Ali Services General Gov't. Building Other Gov't. Buildings Shopping/Retail Office Fast Food Industrial Traffic Stormwater EHS Fire Library Park Vehicle Miles Runoff Emergency Calls, Per Person Fire Flow, Calls, Per Person Residential (Books/Sq. Ft. Per Person) Residential (Acres/Facilities Per Person) Tables A-1 & A-2 in the report illustrate the number of persons per square foot for both employees and visitors. Note: Multiple Service, Multiple Measures. Population is the only measure of service. Visitation to buildings is not indicative of use Diagram #1: Functional Population Distribution (Residential Land Use) Residential Unit 1.19 2.38 X.5 People Per Household Time Spent at Home 1.19 Residents Restau .rant I Office Retail Industrial Employee Visitor/ Employee Visitor/ Employee Visitor/ Employee Visitor/ Service Service Service Service IAGENDA IT~ Tables A-1 & A-2 in the report illustrate the number of persons per~ square foot for both employees and visitors. I HAR O I III r~ 0o- o Z~ 0~ z 0~ Ii. z 0 GENERAL GOVERNMENT BUILDING IMPACT FEE INVENTORY Name of Structure GG Service Center Marco Tax Collector Immokalee Courthouse Immokalee Health Department (CHSI) Immokalee Barn (First Floor) Immokalee Barn (Second Floor) Imm. Transportation Bldg'. Fairgrounds Office Fairgrounds Maintenance Bldg. Agriculture Building Medical Examiners Office Building "B" Elections Building "C-1" Tax Collector Building "C-1 Addition" Tax Collector Building "C-2" Property Appraiser Building "C-2 Addition" Property Appraiser Building "D" Building "E" Snack Bar Building "F" Administration 1st Floor Building "F" Administration 2nd Floor Building "F" Administration 3rd Floor Building "F" Administration 4th Floor Building "F" Administration 5th Floor Building "F" Administration 6th Floor Building "F" Administration 7th Floor Building "F" Administration 8th Floor Building "G" Transportation Building "H" Health 1st Floor Building "H" Health 2nd Floor Building "H" Health 3rd Floor Building "L" Courthouse 1st Floor Building "L" Courthouse 2nd Floor Building "L" Courthouse 3rd Floor Building %" Courthouse 4th Floor Building "L" Courthouse 5th Floor Building "L" Courthouse 6th Floor Building "L!' Courthouse Mezz. Building '~/" General Services- 1st Floor Building '~V" General Services - 2nd Floor Stormwater/Aquatic Plant County Barn (1st FI.) County Barn (2nd FI.) Animal Control Admin. Animal Crt'l Sally Port Animal Crt'l Kennel 1 Animal Crt'l Kennel 2 Animal Crt'l Kennel 3 Animal Ctfl Stable Dreanland PK Restroom Rosbough Field House Airport Place - Tax Collector Address 4715 Golden Gate Parkway 1040 Winterberry 106 S. 1st Street 419 N. 1st Street 402 Stockade Road 402 Stockade Road 550 Stockade Road 14700 I mmokalee Road 3838 Domestic Avenue 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E. Tamiamt Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E, Tamiami Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 3301 E. Tamiami Trail 2901 County Barn Road 2901 County Barn Road 2901 County Barn Road 7610 Davis Boulevard 7610 Davis Boulevard 7610 Davis Boulevard 7610 Davis Boulevard 7610 Davis Boulevard 7610 Davis Boulevard 411 S. 9th Street 439 Little League Road 721 Airport Rd. S TOTAL Square Feet 7,236 2,699 10,495 14,778 7,265 7,265 3,358 1,748 3,600 13,361 13,238 7,160 14,719 3,307 10,142 2,404 8,388 713 10,771 10,848 10,858 10,858 10,858 10,858 10,858 10,858 5,569 24,385 29,775 30,080 22,951 23,497 22,021 22,211 22,041 22,041 22,949 21,782 21,840 1,375 16,419 16,419 8,933 6,727 3,949 3,949 3,949 3,159 355 1,029 6,208 582,258 3/5/2004 AGF_NDA No. NAR 0 9 200q FUNCTIONAL RESIDENTS PER UNIT For all Residential land uses found in Table A-I, the weekday functional residents per unit is calculated by the following. For the Residential Land Use: Residents per unit, i.194 (Column A), is multiplied by 0.95(Column B) because of a 95°/6o occupancy rate, adjusting the residents per unit to I. 1340 (Column C). It is assumed that residents are home during the week 50% of the time, so the residents per unit (1. I340) is multiplied by O. 50 to calculate the work week residents per unit, O. 567, (Column tO. For the Transient, Assisted, and Group Residential land uses: The calculation is as follows: Adjusted Residents per Unit times the following: [(Occupants * Hours per day * Days pe? Week) + (Workers * Hours per Day * Days per Week) ] (11 Hours per Day * 5 Days per Week) See attached Diagram 1 illustrating the functional population distribution for Residential land Diagram #1: Functional Population Distribution (Residential Land Use) Residential Unit 1.19 2.38 X.5 People Per Household Time Spent at Home 1.19 Residents Office Retail Restau rant I I i I I I Employee Visitor/ Service Employee Visitor/ Employee Visitor/ Employee Service Service Industrial Visitor/ Service Tables A-1 & A-2 in the report illustrate the number of persons square foot for both employees and visitors. MAR 0 9~.~.~-,t Diagram #2: Functional Population Distribution General Government Building Distribution of Use Purchasing Personnel Administration Emergency Dispatch General Gov't. Building General Gov't. Bldg. Supports All Services Other Gov't. Buildings Shopping/Retail Office Fast Food Industrial Traffic Stormwater EMS Fire Library Park Vehicle Miles Runoff Emergency Calls, Per Person Fire Flow, Calls, Per Person Residential (Books/Sq. Ft. Per Person) Residential (Acres/Facilities Per Person) Tables A-1 & A-2 in the report illustrate the number of persons per square foot for both employees and visitors. Note: Multiple Service, Multiple Measures. Population is the only con measure of service. Visitation to buildings is not indicative of use. ~ARO9200q [ COLLIER COUNTY IMPACT FEES 2,000 SQUARE FOOT SINGLE-FAMILY HOME COMMUNITY AND REGIONAL PARKS LIBRARY ROAD SCHOOL EMS CORRECTIONAL FACILITIES FIRE WATER/SEWER II $1,603 $238 $5,592 $1,778 $104 $118 $330 $5,52O $32O (PROPOSED) GENERAL GOVERNMENT BUILDINGS TOTAL AGENDA MAR 0 S ~---~-~t~/04 COLLIER COUNTY IMPACT FEES 10,000 SQUARE FOOT RETAIL BUILDING :ECTIONAL $3,000. ,.' $13,700 :! WATER (ESTIMATED. 1~" METER) IERAL MENT NAR 0 9 2004 COLLIER COUNTY IMPACT FEES 10,000 SQUARE FOOT OFFICE MAR 0 9 200.~ EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO .THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on May 22, 2007, and to confirm the appointment of the representative of Naples City Council, expiring on May 22, 2005, to the Collier County Coastal Advisory Committee. CONSIDERATIONS: The Collier County Coastal Advisory Committee has 1 vacancy due to a resignation with the term expiring on May 22, 2007. This 9 member committee was created by Ordinance 2001-03~to assist the Board of County Commissioners with its establishment of unified beach erosion control and inlet management programs within the unincorporated and incorporated areas of Collier County, and to advise the Board of County Commissioners and the Tourist Development Council (TDC) of project priorities with respect to funding sources that are available to Collier County for restoration and protection of its shoreline. The committee is composed of 3 members from the unincorporated area of Collier County, 3 members from the City of Naples and 3 members from the City of Marco Island. Selection for membership on this committee will be based upon the applicant's familiarity with coastal processes, inlet dynamics, coastal management programs, or demonstrated interest in such programs; relevant education and experience; leadership and involvement in community affairs; and willingness to attend meetings and to undertake and complete assignments. After initial appointments, terms will be 4 years. A list of the current membership is included in the backup. Mr. John P. Strapponi resigned his position on December 11,2003. A press release was issued and resumes were received from the following 2 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Robert E. Dowling Real Estate 2 Yes Collier County Code Enforcement County Government Productivity Comm. Graham Ginsberg Civil Engineering 3 Yes None John F. Sorey, III Naples City Council 4 Yes None COMMITTEE RECOMMENDATION: Robert E. Dowling John F. Sorey, Ill, representing the City of Naples FISCAL IMPACT: NONE GROWTH MANAGEMENT 1MPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint I member, confirm the Naples City Council's representative and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Agenda Date: Sue Filson, Executive Manager Board of County Commissioners MARCH 9, 2004 AGENDA ITEM NO. ~ Memorandum To: Sue Filson, Executive Manager, Board of County Commissioners From: Date: Subject: Maria Bernal, Executive Assistant, Tourism Office February 18, 2004 COASTAL ADVISORY RECOMMENDATION FOR VACANCY On February 12, 2004 the Coastal Advisory Committee recommended Robert E. Dowling to occupy the vacant seat. The qualifications of the two applicants are summarized in the attachment. AGENDa_ .,ITEM NO. Pg. ,Candidat Address Current Occupation Qualifications/Educational Length of e Name Background Residency Robert E. 7558 Broker/Director 1978 - Bachelors Degree- Unknown Dowling Cordoba John R. Wood, Inc. Marketing, Bowling Green Circle, Realtors States University; 21 years Naples, FL Naples Real Estate; 5 years 34109 Real Estate Manager; 16 years as an agent broker in sales; Homeowner Association Director-Wyndemere Country Club 1996-1990; Monterey Home Owner Association Treasurer; Fortune 500 Marketing Sales, 1978-1982 Graham 4950 www. Geocities.com/ 1989 - National Diploma - Unknown Ginsberg Sycamore Comerwatchdog Civil Engineering, Cape Drive, Technikon, Cape Town South Naples, FL Africa; 1985- Lifeguard - 34119 Kidd's Beach, South Africa; Class representative Cape Technikon & University of Cape Town; Photographer- Air Force, South Africa; Civil Engineering Technician - O'Connel Manthe, South Africa; Survey Crew Chief- North Coast Survey, Ohio & Naples; Computer Consultant - Graham Systems, Inc; Website development and promotion of beach access in Collier County. Compilation of news, data and issues regarding beach renourishment and beach access AGEND_.A ITEM NO. ,, ME,MORANDUM DATE: 3anuary 12, 2004 TO: Elections Office ~ FROM:' Sue Fi[son, ExeCutive Manager Board of County Commissioners Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. C.C. COASTAL ADVISORY COMMITTEE Robert E. Dowling 7558 Cordoba Circle Naples, FL 34109 Graham Ginsberg 4950 Sycamore Drive Naples, FL 34119 COMMISSION DISTRICT Thank you for your help. Name Collier County Coastal Advisory Committee Work Phone Appt'd Exp. Date Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Anthony P. Pires, Jr. 209 Madison Drive Naples, FL 34110 E-lrlail: District: 2 Category: Collier County Mr. David A. Roellig 6000 Pelican Bay Boulevard, #504 Naples, FL 34108 E-Mr ai h District: 2 Category: Collier County Mr. John P. Strapponi 589 St. Andrews Boulevard Naples, FL 34113 E-Mail: District: 1 Category: Collier County Mr. James L. Snediker 3000417 Royal Marco Way Marco Island, FL 34145 E-Maih Distn'ct: 1 Category: Marco Island Mr. John A. Arceri 1228 Lamplighter Court Marco Island, FL 34145 E-_Mail: District: 1 Category: Marco Island 649-6555 05/22/01 05/22/05 4 Years 594-2210 05/22/01 05/22/04 3 Years 05/22/01 05/22/03 2 Years 775-2882 05/13/03 05/22/07 4 Years ~2-3~6 05/22/01 05/22/05 4 Years 394-8852 02/11/03 05/22/07 394-8852 01/27/04 05/22/07 3+ Years Wednesday, February 11, 2004 Page I of 3 No. I Name Collier County Coastal Advisory Committee Work Phone Appt'd ExTa. Date Home Phone DateRe-appt 2ndExpDate Term 2nd Term Mr. Bedford H. Biles 1588 Heights Court Marco Island, FL 34145 E-Maih . District: 1 Category: Marco Island Mr. William Otto Kroeschell 272 Mooring Line Drive Naples, FL 34102 E-iff ai h District: 4 category: City of Naples Mr. Ronald M. Pennington 3430 Gulf Shore Blvd., N., Unit 2F Naples, FL 34103 E-Mail: District: 4 Category: City of Naples Councilman Gary Galleberg 735 Eighth Street, South 1'5. o'~ Naples, FL 34102 E-Mail: District: 4 Category: City of Naples 394-3089 262-6639 263-6935 02/11/03 05/22/04 1 Year 05/22/01 05/22/04 3 Years 05/22/01 05/22/03 2 Years 02/10/04 05/22/0'/ 4 Years 213-1015 05/22/01 05/22/05 4 Years Wednesday, February 11, 2004 Page 2 of 3 -- AGENDA ITEM Collier County Coastal Advisory Committee It/ork Phone AppUd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term This 9 member committee was created on February 13, 2001 by Ordinance 2001-03 to assist the Board of County Commissioners with its establishment of unified beach erosion control and inlet management programs within the unincorporated and incorporated areas of Collier County, and to advise the Board of County Commissioners and the Toudst Development Council (TDC) of project priorities with respect to funding sources that are available to Collier County for restoration and protection of its shoreline. The committee is composed of 3 members from the unincorporated area of Collier County, 3 members from the City of Naples and 3 members from the City of Marco Island. Selection for membership on this committee will be based upon the applicant's familiarity with coastal processes, inlet dynamics, coastal management programs, or demonstrated interest in such programs; relevant education and experience; leadership and involvement in community affairs; and willingness to attend meetings and to undertake and complete assignments. After initial appointments, terms will be 4 years. FL STAT Staffi Maria Bernal, Tourism Office: 213-2966 Wednesday, February 11, 2004 Page 3 of 3 - Aa£NDA iTEM MEMORANDUM DATE: TO: FROM: January 12, 2004 Ron Hovell, PUED, Principal Proj~ec~s Manager Sue Filson, Executive Managers<~ I Board of County Commissioners Collier County Coastal Advisory Committee As you know, we curremly have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Robert E. Dowling 7558 Cordoba Circle Naples, FL 34109 Graham Ginsberg 4950 Sycamore Drive Naples, FL 34119 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive sunmaary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments 01/09/04 12:12 12392614746 Collier' JOHN R WOOD REALTORS Count~ 239-774-8885 002/003 p. 4 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 /f~pplication for Advisory Committees/Boards nome Address: ~'~'~ ~~0~ ~c'L~ zip Code: , gus~s Phone: - e-mail Board or Committee Applied for: C at.ofT (if applicable): Exampte: Commission DistricT, Developer, environmentalist, lay person, etc. Are you a registered voter in Collier County: Yes /No Do you currently hold public office? Yes If so. what is that office'? Do you now serve, or have you ever served, on a Collier County board or committee? if yes, please llst the committees/boards: No V Please list your¢ommunity activities (civi. cA:lubs, neighborhood associations, etc. and_positions _ IziTk & ,q.40"oP_. ,-z~,u.?O.g,F_.S l,] ?o~,eo tq~?. Please attach arty additiotuaI fnfortnation you fc~ 01/09/04 12:12 FAX 12392614746 JOHN R WOOD REALTORS ~003/003 Rob Dowling Broker-Director John R. Wood, Inc. REALTORS 3255 Tamiami Trail North Naples, Florida 34103 rdowling @job nrwood.com Direct: (239) 659-6197 Toll Free: (800) 982-8079, Ext. 128 Cell: 239-571-6772 Other web sites of interest: robdowlinq.com ROB DOWL[NG has been in Naples since 1982-- and has 21 years of Naples Real Estate business experience ! He has over $185 million in Naples sales and listings. Rob sells and markets all types of properties for clients. Rob arrived from Cleveland and ran the Wyndemere Tennis Club as Manager/Pro. A two time Naples City Tennis Champ--- Rob has nearlf~y ~. 300 sales at Wyndemere & other fine golf communities. Rob is considered an expert in Golf property. With closed deals in Naples finest areas including Port Royal, Grey Oaks, Collier's Reserve, Park Shore, Pelican Bay,Olde Naples, Moorings,The Colony, Gulf Shore Blvd, Vanderbilt Beach, Vineyards, Stonegate, .... ROB KNOWS THIS MARKETI[ He's been successful here for 21 years and gives his clients the insight they need to make great deals. Rob has a bachelors degree from Bowling Green University in marketing; a Fortune 500 corporate background; Board of Directors of 3ohn R. Wood Realtors and Monterey. Member Wyndemere Country Club and St. Ann's Church. http://robdowling.corn/ 1/9/2004 AGENDA ITEM NO. ~q pg. lb Application for Advisory Committee 22 December 2003 4950 Sycamore Drive Naples Fl. 34119 Dear Sir or Madam: Thank you for the opportunity to contribute to Collier County. My Civil Engineering background and enthusiasm with the processes of the Coastal Advisory Committee and Tourist Development Council will be an aid to the committee. Living inland in Collier County gives me a unique perspective with regards to both beach and boat access. This northeast location of Collier County is one of the most rapidly growing regions in the state and for that reason representation will be both useful and informative. With your support, I look forward to serving on the Coastal Advisory Committee. Sincerely Graham Ginsberg AGENDa, ITeM NO. ~l ~ Pg. /~ Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 Application for Advisory Committees/Boards Name: Graham Ginsberg Home Phone: 455-6595 Home Address: 4950 SYCAMORE DRIVE Zip Code: 34119 Fax No: 455-6595 Business Phone: 455-6595 e-mail address: NFN01552~NAPLES.NET Business: GRAHAM SYSTEMS INC. Board or Committee Applied for: CAC Category (if applicable): NA Example: Commission District, Developer, environmentalist, lay p~rson, etc. Are you a registered voter in Collier County: Yes__ Do you currently hold public office? Yes lf$o, what is that office? X No No X Do you now serve, or have you ever served, on a Collier County board or committee? Yes If yes, please list the committees/boards: No X Please list your community activities (civic clubs, neighborhood associations, etc. and positions held): 1985 LIFEGUARD -KIDD'S BEACH - SOUTH AFRICA CLASS REPRESENTATIVE CAPE TECHNIKON & UNIVERSITY OF CAPE TOWN Education: 1989 - NATIONAL DIPLOMA CIVIL ENGINEERING CAPE TECHNIKON CAPE TOWN SOUTH AFRICA SUBJECTS INCLUDE: CONSTRUCTION, HYDRAULICS, GEOLOGY, HYDROLOGY AND SOIL MECHANICS Experience: 1980 1984 1989 1990 -1994 1994 2003 PHOTOGRAPHER - AIR FORCE - SOUTH AFRICA CIVIL ENGINEERING TECHNICIAN - O'CONNEL MANTHE - SOUTH AFRICA SURVEY CREW CHIEF - NORTH COAST SURVEY - OHIO CIVIL ENGINEERING TECHNICIAN - OHIO & NAPLES COMPUTER CONSULTANT - GRAHAM SYSTEMS INC. - NAPLES WWW.GEOCITIES.COM/COLLIERWATCHDOG - NAPLES Website development and promotion of beach access in Collier County. Compilation of news, .data and issues regarding beach renourishment and beach access. Please attach any additional information you feel pertinen~ This applicalion sbould be forwarded to Sue Filson, F_.xecutive Manager to the Board of CounO~ Commissioners, 3301 East Tamiami Trai~ Naples, FL 34112. If you wish, please fax your application to (941)774-3602 or ~ _~a.-". :-- --_--,~.t-~-.~. ~.nlli .... ~t Thanl~ you for volunteering to serve the citizens of Colller Coumy. AGEN~.AJ,TEM NO. $ EXECUTIVE SUMMARY APPOINTMENT OF MF. MBER(S) TO THE TOURIST DEVELOPMENT COUNCIL OBJECTIVE: To appoint 1 member representing the City of Naples to fulfill the remainder of the vacant term expiring on April 24, 2004 and a full 4 year term expiring on April 24, 2008, to the Tourist Development Council. CONSIDERATIONS: The Tourist Development Council has 1 vacancy due to a resignation with the term expiring on April 24, 2004. This 9 member council was established by Ordinance No. 92-18 as an advisory committee to make recommendations to the Board of County Commi§sioners regarding a proposed plan of uses for tourist development tax revenues, for the effective operation of the special projects or uses of the tourist development tax revenues, and to review all expenditures of revenues from the tourist development trust fund. This council consists of the Chairman or designated representat, ive of the Board of County Commissioners, 2 elected municipal officials, 3 owners or operators of motels, hotels, recreational vehicle parks, or other tourist accommodations in the county and subject to the tourist tax, 3 individuals involved in the tourist industry who have demonstrated an interest in tourist development, but who are not owners or operators of motels, hotels or other tourist accommodations. The council shall meet at least once each quarter. Terms are 4 years. A list of the current membership is included in the backup. Councilman Gary Galleberg resigned his position on January 12, 2004. I have received Resolution No. 04-10364 from the City of Naples requesting that the Board of County Commissioners confirm their appointment of Councilman John F. Sorey, III as the City of Naples liaison to the Tourist Development Council. NAPLES CITY COUNCIL APPOINTMENT: Councilman John F. Sorey FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, confmn the Naples City County appointment, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: MARCH 9, 2004 AGE:ND I1 M 82/28/2884 i4:08 2392i31025 CITY CLERK PAGE 01 Transmitted Via FAX - 3 pages February20,2004 OFFICi:: OF CITY CLE! C. Sue Filson Administrative Assistant Board of County Commissioners 3301 East Tamiami Trail Naples, FL 341124971 Dear Sue.' Pursuant to our phone. .c. on~.~_, atlon tSd~,~attached is a page fi.bm the February 18th annotated City Council agenda a~ ~..q~g-w~h a tegolhtjo'n showing that Council Member John Sorey has been appointed to serve as th~ City of Naples liai:On to the Tour/st Development Council. When the resolution is finalized w~ will provide you ....... 7, 7 ' "" . ,'[' ,..,~, : .~.~ signed "'~ City Clerk attachments x: Council Member Sorey FACSIMILE (239) 213-1Q26 TELEPHONE (239) 213-1015 ~JNCDlvl 717-101 735 EIGHTH ~TREET, SOUTH - NAPLES, FLORIDA 34102-67~1 Regular Meeting of Wednesday, February 18, 2004 Page 5 This a'ocument is promulgated solely for the purposes of providing a brief reference to City Council actior~ It is not to be construed as the minutes of the Ci~ Council meeting or in any way the official record of said meeting. RECESS/RECONVENE Chief Election Official Results read into the record To be handled by the City Clerk Resolution Continued to 3/3/04/Russell / Taylor / 6-0 To be handled by the City Clerl~ Added Item Resolution 04-10364/Russell/Macllvaine / ~-0 appoinHng Council Member_ S.qrey -1-2:00 Noon 12. Canvass results of the Special Election of February 17, 2004, and declaration of results. 13. 14. Swearing in of City Council Member by The Honorable Hugh D. Hayes, Chief Judge of the 202 Circuit Court. Election of Vice Mayor. 15. Swearing in of Vice Mayor by The Honorable Hugh D. Hayes, CkiefJudge of tile 20m Circuit Court. A. resolution appointing one member of Naples City Council to the Tourist Development Council. Correspondence and Communications - options for next workshop on dual office holding (Barnett); Naples Preserve fundraising and FEM. A discussions among Southwestern Florida City/County managers (Taylor); employee health insurance premium increases (Russell); and reminder of 2/27/04 meetings regarding the Duany findings and US 41 east corridor charette (Sorey). Public Comment - None Adjourn - 1:33 p.m. Order of Consideration: 1, 2, 3, 4, 7-d, 7-h, 5, 7-a, 7-b, 7-c, 7-e, 7-f, 7-g, 7-i, 8, 9, 10, 11, 16, 12, 13, 14, is, 6. 02/25/2004 12:20 2392131025 CITY CLERK PAGE 03 ~SOLLTTION 04-10364 ]%ESOLLTTION APPOINTING ONE MEMBE~ OF NAPLES CiTY COUNCIL TO TH~ TOURIST COUNCIL; AND ~ROVIDING A~ ~FFECTIVE ~Ii~l%~. the conclusion of the term of Council Me~ber Gary Galleberg has created a vacancy for a City of Naples representative on che Tourist Development Council; and it is the desire of the City Council to appoint one member to fill ~he vacancy; NOW T~O~ BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NA~LEE, FLORIDA: Section 1. That John F. Sorey, III, is hereby appointed as the City of Naples liaison to the Tourist Development Council for a term expiring February 17, 2006. This resolution shall take effect immediately upon adoption. Bill Barnett, Mayor OF NA~L~S, Attest: ~ra A. Normah, City ~p~oved as t~ form and legality: Robert 'D. Prig't, City Attorney Tourist Development Council Chairman ~ 3301 E. Tamiami Trail Naples, FL 34112 District: 5 Category: BCC Chairman Mr. Gary Galleberg fe3~ 735 Eighth Street South Naples, FL 34102 District: 4 Worl, Phone Appt'd Exp. Date Home Phone DateRe-appt 2ndExpDate 2nd Term 774-8392 01/14/03 01/13/04 1 Year -'~u[ '~ 434-4601 Category: Municipal Officer - Naple.s Vice Mayor Mr. E. Glenn Tucker 389-5000 950 N. Collier Blvd., Suite 308 Marco Island, FL 34145 District: 1 Category: Municipal Official- Mr. Joseph N. Dinunzio 249 St. Andrews Boulevard Naples, FL 34103 District: 1 Category: Owner/Operator Mr. Robert J. Dictor 141. Gulfport Court Marco Island, FL 34145 District: 1 Category: Owner/Operator Mr. David Loving P.O. Box 619 Everglades City, FL 34139 District: 5 Category: Municipal - Everglades City- 261-6046 775-0342 Co42-2600 389-2638 649-7455 695-0656 · 03/26/02 04/21/04 4 Years 05/02/00 04/21/04 4 Years 05/02/00 04/21/04 4 Years 03/11/03 04/21/07 4 Years 03/11/03 04/21/07 4 Years Wednesday, March I2, 2003 Page I °f 3 Tourist Development Council Name Ms. Rhona E. Saunders 3770 Parkview Way Naples, FL 34103 District: 4 Category: Non-Owner/Operator Mr. Kevin M. Durkin 101 Debron Drive Naples, FL 34112 District: 1 Category: Owner/Operator Ms. Susan M. Becker 371 Eleventh Avenue South Naples, FL 34102 District: 4 Category: Non-Owner/Operator Mr. H. Kent Stanner 515 Wildwood Lane Naples, FL 34104 District: 4 Category: Ad Hoc Advisor Wori~ Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 11/24/98 04/21/00 434-9230 05/02/00 04/01/04 2 Years 4 Years 455-1010 02/08/00 04/21/02 2 Years 03/26/02 04/21/06 4 Years 03/26/02 04/21/06 4 Years 261-7708 02/23/99 04/21/03 4 Years 649-5098 03/11/03 04/21/07 4 Years Wednesday, :~larch 12,2003. Page 2 of 3 Tourist Development Council Worl~ Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term This 9 member council was created on Mamh 23, 1992 by Ord. No. 92-18 to make recommendations to the Board of County Commissioners regarding a proposed plan of uses for tourist development tax revenues, for the effective operation of the special projects or uses of the tourist development tax revenues, and to review all expenditures of revenues from the tourist development trust fund. Membership consist of the Chairman of the BCC, 3 owner/operators, 3 non-owner/operators and 2 elected municipal officials. Terms are 4 years. NOTE: BCC adpoted Ord. 2000-44 on 6127100 as follows: 'q'he City of Everglades and the City of Marco Island shall alternate as the second municipal member. In the event that other municipalities are legally created in Collier County, then those municipalities shall be included in the rotation process for the second municipal seat. Reso 2002-226 permitting municipalities to recommend TDC appointees. FL STAT 125.0104 Staff: Jack Wert, Tourism Director: 403-2384 Page 3 of 3 NO. MEMORANDUM DATEi -- TO: FROM: RE: March 2, 2004 Jim Mudd County Manager Donna Fiala, Chairman Commissioner, District 1 FPL Preferred Transmission Line Alignment Attached please find a copy of a letter that I just received from Commissioner Ray Judah of Lee County, regarding Lee County's agreement with Florida Power & Light for the preferred transmission line alignment. I would like to add this to Tuesday, March 9m's agenda under section//9 for discussion and possible direction to the County Attorney to prepare a resolution. Thank you. ~.?Mc.r.r.,~ ~,~__~ Donna Fiala, Chairman Commissioner, District 1 DF/ksh Attachment C' Board of County Commissioners Media File (x2) Sue Filson, Executive Manager to the BCC .o. MAR - 9 200t Mar 01 04 04:44p Commissioner Ray 3udah 239-33S-2321 LEE COUNTY SOUTHWEST FLORIDA BOARD OF COUNTY COMMISSIONERS WriteCs Direct Dial Number: (239) 335-2225 8o0 Janes District De Oouglas R, SI. Cem¥ District Two Ray Judah D~st~t ~ree Andrew W. ~y D~f~ct Fou~ J~n E. AIb~n ~na~d D. SffiweJl C~a~ M~ger J~es G Yaeger Coun~ A~ney D~ana M. Pa~er Coun~ H~nng March 1, 2004 Mr. Grover Whidden Florida Power and Light P.O. Box 40 Fort Myers, FL 33902-0040 Re: Florida Power and Light Transmission Line Dear Mr. Whidden: Please accept this letter as confirmation of Board action taken in regards to the proposed FP&L transmission line alignment in southern Lee County. On October 14, 2003, the Lee County Board of Commissioners formally opposed the two transmission line alignments recommended by Collier Enterprises. The County is in full agreement with FP&L's preferred alignment and is participating in the pending administrative hearing process for the purpose of supporting the FP&L preferred alignment. We look forward to continuing our close relationship for Florida Power and Light. Please don't hesitate to contact me should you have any concerns or questions on this matter. Sincerely yours, John E. Albmn, Chairman Lee County Board of County Commissioners CC." JA:dj BOCC, District/41, #2,//4 & #5 Don Stilwell, County Manager' Jim Yaeger, County Attorney R O. Box 398, Fort Myers, Florida 33902-0398 (239) 335-2111 Internet address http://www.lee-county, com AN EQUAL OPPORTUNITY AFFIRMATIVE ACTION EMPLOYER EXECUTIVE SUMMARY APPROVAL OF EMERGENCY AUTHORIZATION TO CONTRACT WITH PRIVATE SECTOR FIRMS, AS REQUIRED, TO PERFORM STUDIES AND OTHER ITEMS OF WORK IN SUPPORT OF COLLIER COUNTY'S RESTUDY OF THE FLOOD INSURANCE RATE MAPS RECENTLY RESCINDED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA). OBJECTIVE: That the Board, considering the mandated 8 month timeframe set forth by the Federal Emergency Management Agency (FEMA) to complete all the necessary topographic, scientific and engineering analysis for producing a complete set of revised Flood Insurance Rate Maps (FIRM) for Collier County estimated to be no greater that $175,000, and in accordance with Florida Statute 287.055, Consultant Competitive Negotiation Act, declare a valid public emergency as provided for in Section 3 (a) Public Announcement and Qualification Procedures and waive the standard qualification and selection process. CONSIDERATIONS: In December of 1996, a Coastal Flood Insurance Study was performed for Collier County and incorporated areas by a Federal Emergency Management Agency (FEMA) Study Contractor, Engineering Methods and Applications, Inc. (EMA). In December of 1998 the preliminary Flood Insurance Study (FIS) and Flood Insurance Rate Map (FIRM) were issued. Collier County raised Concerns regarding aspects of the technical analyses and hired an engineering consultant, Tomasello Consulting Engineers, Inc, (TCE), to review the preliminary FIS and FIRM. The review process generated a number of reports, clarifications and letters with conflicting opinions as to the methodology and findings of the FIS. Specific coastal issues of concern related to the frequency of storm occurrence and the most appropriate approach to determining wave setup at this location. In May of 2001, Baird, under subcontract to Dewberry and Davis, carried out a review of the preliminary FIS and the technical documentation provided by Collier County's representative, Tomasello Consulting Engineers, in a report by Baird entitled "FEMA FIS Update for Collier County, Florida." In May 2001 Collier County and the City of Naples jointly retained Tomasello Consulting Engineers, Inc. (TCE) to study the proposed maps and provide a preliminary report to the Board. TCE raised some issues concerning the calculations and methodology of the coastal study conducted by the contracting consultants for FEMA. The review process generated a number of reports, clarifications, and letters with conflicting opinions as to the methodology and findings of the Flood Insurance Study. Specific issues of concern related to the frequency of storm occurrence and the most appropriate approach to determining wave setup at this location. In December 2001 Collier County formally appealed the coastal analyses presented in the preliminary FIS, summarizing a number of technical concerns in a December 2001 report prepared by TCE entitled "Appeal of Flood Insurance Restudy (RFIS) Proposed Base Flood Elevation for Collier County and City of Naples." On September 25, 2002 staff met with AGENDA I']'EM MAR 0 9 2OOZ representatives of FEMA to discuss the appeal of the revised FEMA flood insurance rate maps. On October 26, 2002 Collier County submitted comments in response to the review of our recently filed appeal to meet the requirements of the next step in the appeal resolution process. Following the Collier County Board of Commissioners and City of Naples City Council joint meeting held on January 7, 2003 under the direction of the Board and the City Council, the respective staffs prepared an interlocal governmental agreement which defined the cooperative approach to jointly hire Tomasello Consulting Engineers (TCE) to initiate a detailed flood insurance rate map (FIRM) restudy to improve the accuracy of the proposed maps concentrating specifically on the coastal restudy and 'the "Sheet 2D" area of the Golden Gate Estates. The Board approved the interlocal agreement as item 16Al0 at the February 25, 2003 Board of County Commissioner Meeting. Pursuant to that agreement, the City of Naples, as the managing agent for the coastal study, entered into a contract with TCE to perform the analysis to support the restudy for the coastal area. The budget cost for Tomasello Consulting Engineers, Inc. to initiate a flood insurance rate map (FIRM) restudy for the costal area was $235,000; 80% or $188,000 funded by Collier County and 20% or $47,000 funded by the City of Naples. The estimated cost for the Appendix C/M compliance work for that portion of the appeals resolution process pertaining to Golden Gate, known as the Sheet 2D Study, was estimated to be between $20,000 and $35,000; funded totally by Collier County. In addition, since the time of the original agreement and with the approval of the Board, the County working in conjunction with the Florida Department of Environmental Protection and the National Geodetic Survey, NOAA, established a benchmark network throughout the Golden Gate Estates and through the contracted work of 3001, Inc., certified through a report titled "Evaluation of Collier County, Florida, LIDAR Data" and based under the criteria of National Mapping Standards the Property Appraiser's LIDAR data. With these products now completed, Tomasello Consulting Engineers has the required and necessary information and certifications to finalize the Base Flood Elevation (BFE) study for Golden Gate. On January 27, 2004 the BCC as Agenda Item 16A7 approved an amendment to the interlocal government agreement and in doing so approved a modification to the existing contract to complete the needed analysis for accurately determining the Base Flood Elevation for the major portion of Golden Gate Estates to include sections 29, 30, 31, and 32 of Township 48 South, Range 27 East, the area more commonly known as the "Rock Road Area," at a cost of $57,007.50. The $57,007.50 cost of this part of the study represents the $55,000 difference between the $188,000, which is the County's portion of the Coastal Study and the $243,000 "not to exceed" total noted above, and includes $2,007.50 for preliminary work by TCE for the Golden Gate Study done back in May. The revised work for the Appendix C and M studies are being performed on a Cost Plus basis due to the undetermined nature and extent of the study. Total cost assessed to Collier County for both these studies was to be no greater than $245,007. As a result of the ongoing appeal actions and the involvement of our congressional representatives, on July 24, 2003, in response to a letter from the County Manager dated April 2, 2003 wherein he requested a 12 to 24 month extension of the effective date, the Emergency Preparedness and Response Directorate, FEMA, notified Collier County that the effective date of the Collier County FIRM would be delayed 6 months or to April 16, 2004. In a letter dated December 5, 2003, Collier County was officially notified that the effective date of the FIRM and FIS for Collier County would be April 16, 2004. On Friday, February 13, 2004, Commissioner Jim Coletta along with representatives of Collier County and City of Naples staff met with FEMA regional and Headquarters staff in Atlanta, GA., to discuss the implementation of the Flood Insurance Rate Maps (FIRM's) for greater Collier County. The purpose of the meeting was to review the status of cooperative efforts to resolve issues associated with the implementation of the proposed maps and to discuss the projected implementation date. During the meeting, the respective staffs discussed potential impacts and concerns about the propos6d flood maps. Collier County committed to provide to FEMA essential scientific and engineering data within the next 90 days and asked FEMA to use the information to reevaluate the Base Flood Elevations in the Golden Gate Estates area and to evaluate a revised coastal flooding model. FEMA agreed to evaluate the information and work closely with the County on any needed additional information. The information will be used to further refine the actual flood risks from storm surge and rainwater flooding throughout the County. FEMA agreed to consider the county's request to delay the April 16, 2004, effective date of the maps within the Golden Gate Estates. In a follow-up conference call on Friday, March 4, 2004, FEMA agreed to once again delay the effective date of the maps based on Collier County's commitment to provide no later that December 1, 2004 the necessary topographic, scientific and engineering data to support a complete revision of the FIRMs for the entire county. During that call, the county staff committed to finalizing the ongoing studies, as noted above, that are being conducted by TCE and in addition committed to providing all the necessary data and analysis to determine the 100-year flood elevations for five defined Flood Prone Areas of Collier County at an anticipated cost of $160,000. In support of that initiative, our consultant, TCE, proposes to perform a hydrologic/hydraulic model study for the following basins that are known to have flood prone areas: I. Cocohatchee River- including CREW area, North Airport Road, Pine Ridge Canal, Palm River 2. Golden Gate Main Canal, downstream of 951 Canal - including 1-75-1 and 2, 1-75 Canal, Harvey Canal, Green Canal, Golden Gate City drainage facilities, S. Airport Road, Golden Gate Main Canal Basin south of GGM Canal (north of Radio Road to SR 951) 3. District 6 - including Rock Creek, Haldeman Creek, Lely Canal 4. Henderson Creek/Belle Meade 5. Southern Coastal Basin Given the imposed deadline for the required products, the time needed by the contractor to complete the studies and the fact that the county and the city have been working with TCE on this initiative since 1998, it is prudent and far more cost effective for the county to enter into a contract with Tomasello Consulting Engineers (TCE). The potential savings to the thousands of property owners who are likely to be deemed out of the flood program is likely to exceed several million dollars a year. FISCAL IMPACT: Total cost for the six Basin Studies to establish correct Base Flood Elevations is $160,000, Funding for this additional work will come from the unincorporated general fund (Fund 111) reserves. Staff estimates that there are well over 10,000 homes in Collier County that have been improperly identified as being in an identified flood zones and possibly over 1,000 homes that should have been put into flood zones and were not. FEMA estimates the flood insurance on these homes, depending on location, is up to $1,250 per $100, 000 of assessed value per year. GROWTH MANAGEMENT IMPACT: None, although accurate floodplain information is vital to insure effective planning and permitting process. RECOMMENDATION: That the Board of County Commissioners declare this situation to be an valid public emergency in accordance with Florida Statute 287.055, Consultant Competitive Negotiation Act, Section 3 (a) Public Announcement and Qualification Procedures and approve and authorize the Chairman to sign a standard, County Attorney approved contract for the stated studies and related activities up to an amount of $175,000. SUBMITTED BY: ~; '"~'~- ....... ~.~ Chrzanowski, Engiheering Review Manager,, Engineering Services Department ~~~ ~I REVIEWED BY: ' Date:, Patrick G. V~hi~e, Assistant Co y y v/ , / unt ttorne Kelsey Ward, Sr' Pyrc~g _an~Z_~ntiltcts Agent' Purch'/C°ntracts Dept' ~/~eph K. Schmitt, CDES Division Administrator MAR 0 9 200~, RECEIVED COUNTY MANAGER OFFICE ACT$ON FILE MEMORANDUM DATE: March 2, 2004 TO: Jim Mudd, County Manager FROM: Jim Coletta, Commissioner, District 5 SUBJECT: Aquaculture Use Zone in Collier County I received the attached letter from Mark Berrigan, Chief Bureau of Aquaculture Development, Florida Department of Agriculture and Consumer Services, regarding the next steps in developing an aquaculture use zone in Collier County, along with an outline for the Alternative 1 & 2 processes. I am requesting that this item be put on the March 9, 2004 BCC Agenda, under Section 9, for discussion and the Board's direction as to which alternative should be requested. JC: nkr Enc: Mark Berrigan's letter dated February 16, 2004 AGE~'DAJYEM NAR - 9 200 t Florida Department of Agriculture and Consumer Services CHARLES H. BRONSON, Commissioner The Capitol · Tallahassee, FL 32399-0800 Please Respond to: Division of Aquaculture , 1203 Governor's Square Blvd. Fifth Floor ~- Tallahassee, Florida 32301 February 16, 2004 The Honorable Jim Coletta Commissioner, District 5 Board of Collier County Commissioners 3301 East Tamiami Trail Naples, Florida 34112-4977 Dear Commissioner Coletta: Let me take this opportunity to bring you up to date on progress to develop an aquaculture use zone in Collier County. As you are aware, two workshops were conducted on January 7, 2004 to inform potential clmn farmers about the status of clam farming in Florida. Although the workshops were educational, they also provided a gage to determine the level of interest among potential clam farmers. There appears to be group of about 15 to 20 potential applicants who attended the workshops and previous planning meetings. Most of these individuals have expressed strong interest in the aquaculture project from the very beginning and are dedicated to moving the process for~vard. Since the Department wants to be responsive to this group of applicants, we would like to suggest an approach that may expedite the application and approval processes. The attached information outlines two alternative approaches for completing the application and approval processes. The two approaches are based on the number of potential applicants requesting lease parcels in the p. vo proposed aquaculture use zones. Alternative No. 1 assumes that there will be no more than 20 applicants; Alternative No. 2 assumes that the number of applicants will be much higher, perhaps as many as 60 applicants. Alternative No. 1 is quicker for potential applicants, offering the advantages of a simpler application process and a faster time-fame. Alternative No. 2 involves a more complicated application process and selection protocols based on recommended preferences to qualify applicants. Alternative No. 2 will also require going before the Board of Trustees at least twice: once to request conceptual approval of the project and application process, and again to request authorization for the individual leases. -~.~'- F '-AGENDA I~EM No. / MAR - F'orest Prod[eR Florida's Economy Florida Agriculture and $53 Billion for Commissioner Coletta February 16, 2004 Page Two The Division of Aquaculture suggests that we move forward with Alternative No. 1, unless the number of applicants increases to a point where Alternative No. 2 becomes the only option. Additionally, we suggest that the Board of Collier County Commissioners request that the Division ofAquacuIture~conduct a workshop to inform potential applicants about the available sites, explain the application process, and provide assistance in completing the application forms. Following the workshop, the Division will be able to determine the number of interested applicants and can advise the Board of County Commissioners regarding which alternative will be most practical. If there are only about 20 interested applicants, then the Board of County Commissioners can recommend that we take the current list before the Board of Trustees for consideration. At-that time the Board of County Commissioners should also recommend their preferences regarding the site selection process and lease conditions. Please let me know how the Board of County Commissioners wants us to proceed, with the understanding that if there are more than 20 applicants we will have to follow Alternative No. 2. We look f'6rward to hearing from you and scheduling a workshop for potential applicants in the near future. Once again, thank you for your interest in developing aquaculture in Florida. I assure you that the Division will continue to work with you to accomplish your goal of establishing clam aquaculture in Collier County. Sincerely, Mark Berrigan, Chief Bureau of Aquaculture Development MAR - ) 2G q Approaches for Establishing Aquaculture Leases in Collier County Lease Application and Approval Processes Alternative No. 1. Assumes a low number of applicants (15-20 lease parcels) Action Steps Conduct a workshop to inform potential applicants about the a-dailable sites, explain the application process, and provide assistance in completing the application forms. Inform the Board of County Commissioners about the number of prospective applicants. Request a letter from the Collier County Board of County Commissioners recommending: * listing current applicants or a limited number of lease parcels in BOT agenda item; * a site selection process b~ed on first-come, first-served (date when application is received); * establishing lease boundaries with wider easements (50-100 feet); * including a provision prohibiting the transfer or sale of a lease parcel for at least three years. Prepare an agenda item for the BOT. Request approval to authorize a limited number of leases in both tracts for the list of applicants who have submitted completed applications before the agenda item is prepared. Request consideration by the BOT. Conduct a workshop for applicants to select sites and explain survey requirements. Advantages: Faster time frame, only one BOT agenda item, greater flexibility in delineating lease boundaries, Disadvantages: Leaves the door open to a greater number of applicants, which will require going to Alternative No. 2. If there are more than 20 applicants, then the application process will have to start over again and will require conceptual approval for specific application protocols. Alternative No. 2. Assumes a large number of applicants (60 lease parcels) Action steps Request a letter from the Collier County Board of County Commissioners recommending: * DACS seek conceptual approval from the BOT for the project; * A selection protocol to qualify applicants ba~ed on recommended preferences (ie: county residents, affected fishermen, first-come first-served, maximum number of applicants); * The item includes a provision prohibiting the transfer or sale ora lease parcel for at least three years. Prepare an agenda item for the BOT requesting: * Conceptual approval for the two high-density_lea_se areas in Collier County * Approval to establish application protocols, including specific times and dates for accepting applications, developing and application pool, applying preferences if there are more applications than there are available lease parcels; Request consideration by the BOT for conceptual approval of the project. Conduct a workshop to inform potential applicants about the available sites, explain the application process, explain selection protocol (preferences), and provide assistance in completing the application forms. Receive applications and develop an application pool based on time and date that completed applications were received Apply the selection protocol established by the BOT (preferences, first-come first-served, etc.). Prepare a second BOT 'agenda item for consideration by the BOT, including a list of applicants and the method for selecting available parcels. Request consideration by the BOT to authorize individual lease parcels. Conduct a workshop for applicants to select sites and explain survey requirements. Advantages: May accommodate a greater number of applicants. Disadvantages: Time frame will be much longer, application and selection processes will be much more complex, requires at least two BOT agenda items, relies on preferences. MAR - S 260q PO. ~ EXECUTIVE SUMMARY REVIEW THE WRITTEN AND ORAL REPORTS OF THE ADVISORY BOARDS AND COMMITTEES SCHEDULED FOR REVIEW IN 2004 IN ACCORDANCE WITH ORDINANCE NO. 2001-55, INCLUDING THE CITIZENS ADVISORY TASK FORCE, COLLIER COUNTY CODE ENFORCEMENT BOARD, CONTRACTORS LICENSING BOARD, GOLDEN GATE PARKWAY BEAUTIFICATION ADVISORY COMMITTEE, IMMOKALEE BEAUTIFICATION ADVISORY COMMITTEE, ISLES OF CAPRI FIRE CONTROL DISTRICT ADVISORY BOARD, PARKS AND RECREATION ADVISORY BO.ARD, AND COLLIER COUNTY WATER AND WASTEWATER COTILITY) AUTHORITY OBJECTIVE: To determine if existing advisory boards and committees continue to address the issues they were created for, continue to warrant the time and funding required to retain them, and whether any adjustments are necessary. CONSIDERATIONS: Ordinance No. 2001-55 was created to provide a regular mechanism for the Board of County Commissioners to review all existing advisory boards every fourth year. There is a rotating schedule provided for within the ordinance that dictates which boards are to be reviewed in any given year. In 2004, eight (8) advisory boards are scheduled for review. They include: Citizens Advisory Task Force Collier County Code Enforcement Board Contractors Licensing Board Golden Gate Parkway Beautification Advisory Committee Immokalee Beautification Advisory Committee Isles of Capri Fire Control District Advisory Board Parks and Recreation Advisory Board Collier County Water and Wastewater (Utility) Authority Each board Chair provides to the County Manager a written report (copies attached) that answers specific questions provided for within the ordinance. Staff comments on each report are also attached. In addition, the ordinance calls for each board to make an oral presentation to the County Commission during March of the year in which they are to be reviewed. FISCAL IMPACT: In most eases the boards scheduled for review require only the staff time needed to attend, prepare back up information, minutes and any additional information required by the Committee/Commi~ion members. At a minimum, an advisory board will normally cost $2,000 annually. However, for staff intensive boards with significant back up requirements such as the Planning Commission, the cost to the County may be as much as $50,000 to $65,000 annually in staff time, copying charges, minutes and other expenses. One exception is the operating costs of the Collier County Water and Wastewater (Utility) Authority, which has an FY 04 operating budget totaling some $390,000, including legal consulting services of $155,000 and recent reduction in staff from 4 to 2 employees. GROWTH MANAGEMENT IMPACT: There is no direct Growth Management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners review the written reports of the boards and committees scheduled for review in 2004, and if applicable, direct any revisions necessary to have these committees function as efficiently and effectively as possible. Prepared by: ~~~ c~~ Date: 5, /. tO c//' Winona~ne, Assistant to the County Manager Approved by: ~ ~J Date: Ji~dd, County Manager - 9 200 pg. c~7, _ MEMORANDUM DATE: TO: FROM: SUBJECT: February 12, 2004 Board of County commissioners Winona Stone[l~;sistant to the County Manager Advisory Board Review Reports and Staff Comments Attached are reports from the following 8 advisory boards due for review in March 2004: Citizens Advisory Task Force Collier County Code Enforcement Board Contractors Licensing Board Golden Gate Parkway Beautification Advisory Committee Immokalee Beautification Advisory Committee Isles of Capri Fire Control District Advisory Board Parks and Recreation Advisory Board Collier County Water and Wastewater Authority In accordance with Ordinance No. 2001-55, the County Manager is required to deliver to the Board of County Commissioners, on or before February 15, the report submitted by the chairperson of each board together with any staff recommendation or comments regarding these committees. The Chairperson of each advisory board will make an oral presentation to the Board at your regular meeting scheduled on March 9, 2004. Please advise should you have any questions. Office of the County Manager Voice: (239) 774-8383, FAX: (239) 774-4010 MAR - u 2flDq COLLAR COUNTY FINANCIAL ADMINISTRATION AND HOUSING DEPARTMENT 2800 N. ttorseshoe Dr%,e · Naples, Florida 34104 · (239) 403-2330 · F:Lx (239) 403-2331 January 28, 2004 FiLE Mr. James Mudd County Manager Collier County 3301 East Tamiami Trail Naples, FL 34104 RE: Collier County Citizen Advisory Task Force Annual Board Revie~v Dear Mr. Mudd: Pursuant to the Collier County Ordinance 2001-55, Section Nine (B), please find enclosed, the Collier County Citizen Advisory Task Force Annual Advisory Board Review. If you have any questions or need additional information, please contact Lee Combs, Collier County HUD/Federal Grants Manager, at (239) 659-5750. Sincerely, ~ j Chair, Citizens Adviso[y Task Force Enclosure: Annual Advisory Board Review G:\CDBGACitizen Advisory Task Force~BCC't2004 annual board review transmittal ltr.doc C o t ~'t '7 ~ e r C o MAR - 9 200~ ANNUAL ADVISORY BOARD REVIEW RE: COLLIER COUNTY CITIZEN ADVISORY TASK FORCE STAFF AGENCY: Financial Administration and Housing Department, Community Development and Environmental Services Division AUTHORITY: Collier County Ordinance No. 86-41, as amended. SUBMITTED: January 26, 2004 SUMMARY: The Small Cities Community Block Grant (CDBG) program administered by the state of Florida Department of Community Affairs mandated thru Florida Statute Section 290.046 (6) a creation of Citizen Advisory Task Force (CATF) to assist the counties with input and advise for all phases of the Small Cities CDBG Program. The Citizen Advisory Task Force (CATF) is comprises of five members. The present board consists of the following: One (1) representative of Business Leader; Two (2) representatives of the Community at Large; One (1) representative of a Minority Group and One (1) representative of the Social Service or Social Sciences or Community Leader. 1. Whether the Board is serving the purpose for which it was created. Yes, the CATF is serving the purpose for which it was created to provide input into the Small Cities Community Development Block Grant (CDBG) program. Collier County currently has one outstanding Small Cities CDBG - Economic Development Grant (Immokalee Regional Airport Manufacturing Facility II). The Small Cities CDBG program should be completed by March 2005. Once this program is concluded, the purpose that for CATF was created will be no longer valid. However, now Collier County is an entitlement community that receives CDBG funding directly from the federal government, the Florida Statute no longer applies. The federal government mandates "grass roots" community input on its CDBG program. 2. Whether the Board is adequately serving current community needs. Yes, the Board is serving current community needs. 3. A list of the Board's major accomplishments for the proceeding twelve- month period. The CATF recommended additional one-year grant extension for Small Cities CDBG program. The CATF reviewed and recommended projects contained in the Consolidated Plan Action Plan to utilize the federal CDBG funds. I,;AR Pg. Where there is any other Board or agency, either public or private, which is serving or would better serve the purpose for which the Board was created. Once the Small Cities CDBG program completed, the purpose of the CATF will be reviewed and possibly restructured to meet the various federal regulations. Whether the ordinance creating the Board should be amended to allow the Board to more adequately serve the purpose for which it was created. Not at this time, but once the small Cities CDBG program completed, the purpose of the CATF will be reviewed and possibly restructured to meet the various federal regulations. 6. Whether the Board's membership requirements should be modified. Not at this time. The cost, both direct and indirect, of maintaining the Board. Approximately $2,000 per year ($500 per quarterly meeting for time and supplies) Memorandum To: From: Date: Subject: Winona Stone, Assistant to the County Manager Joseph K. Schmitt, Administrator Community Development and Environmental Services February 12, 2004 Annual Advisory Board Review Please be advised that I am in agreement with the reports as written for the Advisory Boards listed below. I concur that each of the Advisory Boards is serving the purpose for which it was created and adequately meeting current community needs. I have no additional comments or recommendations to make at this time regarding these Advisory Boards. Citizens Advisory Task Force Collier County Code Enforcement Board Contractors Licensing Board Collier County Water and Wastewater Authority Community Development and Environmental Services Office of the Administrator Memorandum To: Through: From: Date: Subject: James Mudd, County Manager Joseph Schmitt, Division Administrator Community Development & Environmental Services Michelle Arnold, Director Code Enforcement Clifford Flegal, Chairman Code Enforcement Board February 9, 2004 Advisory Board Review - Code Enforcement Board The following information is being provided in response to the requirement that all Advisory Boards appointment by Collier County Board of County Commissioners provides reports to ensure they are meeting there intended purpose. 1. Whether the Board is serving the purpose for which it was created. The Collier County Code Enforcement Board (CEB) is indeed serving the purpose for which it was created. The Board was established to hear code and ordinance violations and take appropriate measures to get those violations abated. The CEB meets monthly to hear cases impose fines and costs. Should a f'me go unpaid or no payment schedule established the CEB authorizes foreclosure or collection. 2. Whether the Board is adequately serving current community needs. The Code Enforcement Board is serving the community needs by educating the general public on how to handle corrective action in an effort to ensure violations are abated. As a result 60% of the cases heard by the CEB are complied with prior to the ordered date of compliance. 3. A list of the Board's major accomplishments for the proceeding twelve-month period. A. Improved Rules and Regulations governing the CEB; B. Conduct regular workshops to keep appraised of Code and Regulations pertaining to the matters so that they can make sound decisions; C. Save taxpayers dollars by recommending affidavits be sent regular U.S. mail instead of certified mail/return receipt requested; D. Conducting hearings for 41 code cases; a. Of the 41 cases heard, 26 cases complied with CEB's order, andl N°-- ,/.{) ./'~ b. 14 ofthe complied cases either paid fines or are making paymeT; t~ik~R _'9 'iblJq' 4. Whether there is any other Board or agency, either public or private, which is serving or would better serve the purpose for which the Board was created. There is no other Board or Agency within the unincorporated County that is serving the purpose for which this Board was created. Whether the ordinance creating.the Board should be amended to allow the board to more adequately serve the purpose for. which it was created. There are currently five separate Ordinances as a result of amendments, governing the CEB. The Code Board is recommending consolidation of these ordinances so that there is one comprehensive document. 6. Whether the Board's membership requirements should be modified. There is no recommendation to amend the membership requirements as the current requirements ensure membership from a broad area of expertise. 7. The cost, both direct and indirect, of maintaining the Board. The costs associated with the maintenance of the Code Enforcement Board are generally related to conducting the monthly meetings. The following is an itemized estimate of the annual meeting costs. Secretary to the Board (3/4 FTE) $21,500 Copying cost $3,500 Court Reporter $10,400 Mailing $1,200 Attorney $13,000 BCC Chambers $12,000 Total cost $61,600 Memorandum To: Winona Stone, Assistant to the County Manager From: Joseph K. Schmitt, Administrator Community Development and Environmental Services Date: February 12, 2004 Subject: Annual Advisory Board Review Please be advised that I am in agreement with the reports as written for the Advisory Boards listed below. I concur that each of the Advisory Boards is serving the purpose for which it was created and adequately meeting current community needs. I have no additional comments or recommendations to make at this time regarding these Advisory Boards. Citizens Advisory Task Force Collier County Code Enforcement Board Contractors Licensing Board Collier County Water and Wastewater Authority Community Development and Environmental Services Office of the Administrator February 3, 2004 TO: Collier County Commissioners FROM: Les Dickson - Chairman REF: Collier County Contractor's Licensing Board MEMORANDUM The following is the Advisory Board annual review for the Collier County Contractor's Licensing Board as submitted by Les Dickson, Chairman: 1. This board is strictly serving under the guidelines and purpose for which it was originally created. 2. We are serving the community needs by helping to protect them from unscrupulous or fraudulent contractors. We also serve as a mediator for many conflicts between contractors and citizens. 3. A list of this boards major accomplishments for the past year include: · Approved fifteen contractors to qualify a second entity. · Conducted hearings on six cases against contractors and rendered decisions. · Rendered decisions on five cases requesting to waive examination requirements for license. · Reviewed credit reports on cases and rendered decisions for obtaining licenses. 4. There is presently no other board, either public or private, which serves the purposes of this board. 5. We feel there is no need for any amendment for this board to serve more adequately. 6. No board membership requirements need modification. ?. Costs to maintain this board include: · Direct Costs: Attomey fees for representation of $12,000.00, and stenographer fees of $2,942.00, for a total direct cost of $14,942.00 · Indirect Costs: None It is a pleasure to serve the Commissioners and citizens of Collier County. Please let me know if there is any further information I can provide. I AR - Memorandum To: From: Date: Subject: Winona Stone, Assistant to the County Manager Joseph K. Schmitt, Administrator Community Development and Environmental Services February 12, 2004 Annual Advisory Board Review Please be advised that I am in agreement with the reports as written for the Advisory Boards listed below. I concur that each of the Advisory Boards is serving the purpose for which it was created and adequately meeting current community needs. I have no additional comments or recommendations to make at this time regarding these Advisory Boards. Citizens Advisory Task Force Collier County Code Enforcement Board Contractors Licensing Board Collier County Water and Wastewater Authority Community Development and Environmental Services Office of the Administrator COLLIER COUNTY GOVERNMENT TRANSPORTATION SERVICES DIVISION Traffic Operations and Alternative Transportation Modes Department 2705 Horseshoe Drive South · Naples, Florida34104 ·239-774-8192 · FAX 239.213.5899 To: Donna Fiala . .Chairman, Board of County Commissioners From: Cheryle Newman Chairman, Golden Gate Beautification MSTU Date: February 4, 2004 Subject: Chairman's Report This memo will serve as our Chairman's report as required by Ordinance 92-44. The Ordinance requires that the Chairman of every Advisory Board to the Board of County Commissioners provide the following information. 1. Is the Advisory Board serving the purpose for which it was created? Yes. The Golden Gate Beautification MSTU Advisory Board has worked hard to improve conditions within their community. Is the Advisory Board adequately serving the current community need? Yes. The Golden Gate Beautification MSTU Advisory Board, is the mechanism by which the MSTU continues to function effectively. A list of the Advisory Board's accomplishments for the preceding 12 month period: a. Landscaped 2 traffic calming median islands installed in 18th Pl. S.W. and Sunset Rd. and 18~h Ave. S.W. and 40th Ter. S.W. b. Worked with Transportation staff to ensure that any median improvements or changes are in keeping with the Golden Gate Beautification Master Plan c. Installed pavers at several median tips to lessen vehicle damage as part of their overall maintenance program. Is there another Board or Agency, public or private, which would better serve the purpose for which the Advisory Board was created? No. The Golden Gate Beautification MSTU Advisory Board is the most al:lp-i'0-p~~l~[gr - representing the taxpayers within their MSTU boundary. I No. [ V ~:,' [ · / m I COLLIER COUNTY GOVERNMENT TRANSPORTATION SERVICES DIVISION Operations and Alternative Transportation Modes Department 2705 Horseshoe Drive South · Naples, Florida34104 ·239-774-8192 · FAX 239.213.5899 Donna Fiala, Chairman February 4, 2004 Page 2 of 2 o Should the Ordinance creating the Advisory Board be amended to better serve the purpose for which it was created? No. The enabling Ordinance (Ordinance 83-55) does not need to be amended at this time. o Should the Advisory Board's membership requirements be modified? No. The membership requirements do not need to be amended at this time. 7. The cost of maintaining this Advisory Board is as follows: The approved budget for fiscal year 2003 for the Golden Gate Beautification MSTU Advisory Board is $548,200.37. Of this amount, $25,000.00 is included for the indirect costs for county administrative expenses. Thank you for the oppbrtunity to provide the foregoing report. We will make ourselves available to address the Board of County Commissioners if you so desire. Cc: File: James Mudd, County Manager Norman E. Feder, AICP, Transportation Administrator Diane Flagg, Director, Traffic Operations and ATM Pamela J. Lulich, ASLA, Project Manager, Transportation Operations & ATM Bob Petersen, Project Manager, Transportation Operations & ATM Golden Gate Beautification MSTU (Chairman's Report to the Board) COLLIER COUNTY GOVERNMENT TRANSPORTATION SERVICES DIVISION Traffic Operations and Alternative Transportation Modes Department 2705 Horseshoe Drive South · Naples, Florida 34104 ·239-774-8192 · FAX 239.213.5899 To: From: Date: Subject: Donna Fiala. Chairman, Board of County Commissioners Sharon Tims Chairman, Immokalee Beautification MSTU February 4, 2004 Chairman's Report This memo will serve as our Chairman's Report as required by Ordinance 92-44. The Ordinance requires that the Chairman of every Advisory Board to the Board of County Commissioners provide the following information. 1. Is the Advisory Board serving the purpose for which it was created? Yes. The Immokalee Beautification MSTU Advisory Board has worked hard to improve conditions within their community. 2. Is the Advisory Board adequately serving the current community need? Yes. The Immokalee Beautification MSTU Advisory Board, is the mechanism by which the MSTU continues to function effectively. 3. A list of the Advisory Board's accomplishments for the preceding 12 month period: a. Completed landscape project in the triangle at the intersection of SR 29, Westclox St. and New Market Rd. b. In the process of planning both a sidewalk addition project in downtown Immokalee and other landscape improvements within the district. These involve FDOT grant money. c. Continued maintenance and refurbishment of the existing landscape improvements. Is there another Board or Agency, public or private, which would better serve the purpose for which the Advisory Board was created? No. The Immokalee Beautification MSTU Advisory Board is the most appro representing the taxpayers within their MSTU boundary. fi_a_te_ v~_%hicle for AGE~,-,, i HAR - 9 COLLIER COUNTY GOVERNMENT TRANSPORTATION SERVICES DIVISION !rramc Operations and Alternative Transportation Modes Department 2705 Horseshoe Drive South · Naples, Florida 34104 ·239-774-8192 · FAX 239.213.5899 Donna Fiala, Chairman February 4, 2004 Page 2 of 2 Should the Ordinance creating the Advisory Board be amended to better serve the purpose for which it was created? No. The enabling Ordinance (Ordinance 77-52) does not need to be amended at this time. o Should the Advisory Board's membership requirements be modified? No. The membership requirements do not need to be amended at this time. The cost of maintaining this Advisory Board is as follows: The approved budget for fiscal year 2003 for the Immokalee Beautification MSTU Advisory Board is $820,000.00. Of this amount, $34,100.00 is included for the indirect costs for county administrative expenses. Thank you for the opportunity to provide the foregoing report. We will make ourselves available to address the Board of County Commissioners if you so desire. Cc: File: James Mudd, County Manager Norman E. Feder, AICP, Transportation Administrator Diane Flagg, Director, Traffic Operations and ATM Pamela J. Lulich, ASLA, Project Manager, Transportation Operations & ATM Bob Petersen, Project Manager, Transportation Operations & ATM Immokalee Beautification MSTU (Chairman's Report to the Board) Febmaryl2,2004 Winona, On behalf of Norman Feder, I have reviewed the Advisory Committee reports and concur with the summary the Chairperson's have provided. In addition, I £md that the MSTU is a very good format to fund specific community desires for a localized area. Traffic Operations and Alternative Transport~ation Modes Department From: Andrew Hoard, ]:CFD Spec Ops & Training [mailto:Hoard@CapriFire.net] Sent: Wednesday, February 04, 2004 10:43 PN To: Chief Roddguez - ~ICFD; SummersDan; jodibodine@colliergov.net; rodriguez_r Subject: Annual Report isles of Capri Fire Advisory Board Chief E. ROdriguez, ICFD 175 Capd Blvd, Naples, FL 34113 Dear Rod: Thank you for asking me to prepare a Chairman's Report for our Advisory Board in accordance with the seven guidelines set forth in the memorandum from the County. 1. Our current Board is capably and conscientiously discharging its duties in a manner, which is both timely and expert. 2. The community, indeed the several communities, within our distdct have never been better served than by the current Board. Its members have diverse but applicable backgrounds and each member screens the matters that come before him/her in accordance with that background with the result that unusual insight is brought to bear. 3. a. Preparation and timely submission of the annual budget. b. Regular review of major activities and discussion of important problems facing the department. c. Revised the method for reporting department activities so as to provide instant comparison with the previous year both month-to-month and cumulatively. d. Review and discussion (ongoing) of merger proposals proposed by East Naples Fire and Rescue. The proposal would bring Ochopee and Isles of Capri under the management of East Naples. 4. Tl~ere is no other agency, public or private, which, to my knowledge, might better serve our department or our district. 5. I have had an opportunity to study the text of Ordnance 2001-55. I can think of no changes to that text which might serve to improve the performance of our Board. 6. The requirements of membership for our Board, as presently constituted, has brought to being our current membership. Changes to those requirements, rather than being helpful, might well be counter-productive. 7. Board members are unpaid volunteers. The only expenses are incurred in the preparation of agenda and minutes, and these costs are not significant. Respectfully submitted, M. James Louis, Chairman. February 9, 2004 The Department of Emergency Management appreciates the service provided by the Isle of Capri Advisory Board. We routinely receive appropriate meeting notifications and minutes of their meetings. There are no changes or concerns at this time. Thank you Dan Summers, Emergency Management MAR - 3 g~L-; PARKS AND RECREATION ADVISORY' BOARD REVIEW 1. If the Board is serving the purpose for which it was created. The Parks and Recreation Advisory Board provides input to the staff of the Parks and Recreation Department and provides the Board of County Commissioners information and recommendations regarding parks and recreation issues. The Board has done this numerous times this past year and therefore feels it is meeting the purpose for which it was created. ' 2. If the Board is adequately serving current community needs. The Board meets monthly and has seven members. Six members represent the Naples Urban area and one member is from Immokalee. These members provide advice to a department that has 55 park sites, over 1,500 acres, an operating budget of approximately $14,500,000, and a staff of 144 full time and 59 regular part time employees. In addition, they assist with providing input on Parks and Recreation capital projects. Numerous surveys at facilities, special events and programs, help to assure we are meeting citizen needs. We, therefore, feel that the board is adequately serving the current needs of the community. 3. A list of the Board's major accomplishments for the preceding twelve month period: * Developed and completed Willoughby Neighborhood Park * Developed and completed Capri Neighborhood Park * Livingston Woods Neighborhood Park - resulted in declaring land surplus * Development of Best Friends Neighborhood Park - now in dispute * Interpretative Center at Eagle Lakes Community Park completed * Airport Park renovations completed * Tigertail Beach Concession building completed * Ramp repairs at Collier Blvd and Caxambas completed * Sabal Palm dugouts * Redecking at South Marco Access, Barefoot and Gulf Shore completed * Design of Collier Boulevard ramp parking lot * Recommendations to BCC regarding Boat Launch and Beach Access * Sailing Program for handicap patrons established * Made recommendations regarding presentations from the Cable Water Support System, Golf Come/Driving Range group, Model Airplane Group, Foster Care Committee, Wilshire Lakes group regarding fencing at North Naples Regional Park, City of Naples - Lowdermilk Park, Children's Museum, GG Civic Association - neighborhood park, Oaks Blvd Friends - neighborhood park, Organ Transplants - Ruth Alpert. 4. If there is any other Board or agency, either public or private, which is serving or would better serve the purpose for which the Board was created. MAR At this time the Parks and Recreation Advisory Board is the best group to serve the public in this manner. 5. If the Ordinance creating the Board should be amended to allow the Board to more adequately serve the purpose for which it was created. Ordinance 93-81 created the seven number advisory board, one member from Immokalee anti six from the Naples urban area. No other modifications are anticipated for this year. 6. Whether the Board's membership requirements should be modified. Ordinance 93-81 stipulated staggered terms until 12/31/95 when each member would then serve a four-year term. 7. The cost, both direct and indirect, of maintaining the Board. The cost to operate the Parks and Recreation Advisory Board is mainly in staff time and preparing the booklets, estimated at approximately $12,000 annually. Public Services Division Mom0 DATE: February 11, 2004 TO: Winona Stone, Assistant to the County Manager FROM: John Dunnuck, Public Services Administrator SUBJECT: Staffs Perspective re PARAB Pertaining to your request regarding staff's perspective on the performance of the PARAB, staff is satisfied with the Board's productivity and willingness to work with staff. They have been an active group and consistently conduct their meetings with the necessary quorum to conduct business. The required report has been forwarded to your office under separate cover for the Board of County Commissioners consideration. ANNUAL ADVISORY BOARD REVIEW RE: COLLIER COUNTY WATER AND WASTEWATER AUTHORITY STAFF AGENCY: CDES Operations Department, Community Development and Environmental Services Division AUTHORITY: Collier County Ordinance No. 86-41, as amended. SUBMITTED: February 23, 2004 LAST REPORT SUBMITTED: December 7, 2000 SUMMARY: Established in 1996, the Collier County Water and Wastewater Authority enforces the Utility Regulation Ordinance (Ordinance No. 96-6, as amended), and has approval authority of most actions related to investor-owned water and/or wastewater utilities providing service to customers in the unincorporated areas of the County and the City of Marco Island. These actions include, but are not limited to, territorial expansion of service boundaries, rate and tariff adjustments, customer disputes with servicing utilities, quality of service determinations, and limited recommendations to the Board of County Commissioners. In 1996, those utilities under Authority jurisdiction included Florida Water Services Corporation (Marco Island & Marco Shores), Florida Cities Water Company (Golden Gate City), Rookery Bay Utilities, Eagle Creek Utility II, Goodland Isles, Inc., North Marco Utility Company, and Orangetree Utilities. Since 1996, five of these utilities were acquired or transferred to governmental entities and are no longer subject to regulatory jurisdiction. Four utilities remain under local jurisdiction, including limited regulatory oversight of Florida Governmental Utility Authority (Golden Gate).. The five-member Authority consists of three technical members and two lay members. Mter serving staggered initial terms, Authority members are appointed to four year terms. Current members of the Authority include: Dr. Fay Biles, Chairperson Mr. Robert Bennett, Vice Chairman Mr. Lowell M. Lam Mr. W. ,L "Jack" Markel Mr. Jerry P. Morgan The Authority meets monthly, on the 4th Monday of the month, at 2:00 p.m., in the Third Floor Board Meeting Room of the Turner Building. Meetings are tap ._ I~(. aired on Channels 11 (Comcast) and 16 (Time Warner), the County's Government Access Channels. Pursuant to Ordinance No. 86-41, as amended, the annual report should consider: 1. Whether the Board is serving the purpose for which it was created. Yes. The Water and Wastewater Authority meets on a monthly basis, as needed, to consider applications for a myriad of utility actions and the Utility Regulation staff recommendations on each action. The Authority receives legal advice fr~m an assigned Assistant County Attorney, as many actions require a quasi-judicial forum. 2. Whether the Board is adequately serving current community needs. Yes. The Authority serves as the regulatory arm of the Board of County Commissioners and is responsive to customer, staff, and utility initiated actions. 3. A list of the Board's major accomplishments for the preceding twelve month period (January 2003 - December 2003): a. During calendar year 2003, the Authority participated in three litigious issues regarding Florida Water Services Corporation, as follows: (1) Florida Water appealed (by Petition for a Writ of Certiorari) the Authority's denial of the Utility's requested tariff changes, which, if approved, would have required all multi-family units of the Marco Island and Marco Shores utility systems to be individually metered rather than the entire building be metered with one master meter. These requested tariff changes would have effectively raised the rates for each condominium unit or apartment. Florida Water's Petition for Writ of Certiorari against the Authority was denied by the Court of Appeals. (2) Following recommendations by the Authority and the City of Marco Island City Council, the Board of County Commissioners authorized staff to intervene regarding the then planned purchase of Florida Water Services Corporation's 152 utility systems throughout Florida (including the Marco Island & Marco Shores Systems) by the newly formed Florida Water Services Authority (The municipalities of Milton and Gulf Breeze). Our Petition for a Writ of Certiorari and Writ of Prohibition acted as a court- ordered "stay" of the planned purchase and sale, which in turn triggered the requirement that the Florida Public Service Commission needed to approve the proposed sale to the Florida Water Services Authority. Our intervention, actions of the Public Service Commission and other opponents caused the proposed sale to fail and, eventually, the Marco Island & Marco Shores Systems were purchased by the City of Marco Island in November 2003. lUlAD (3) Florida Water Services Corporation in Circuit Court, filed a Complaint for Injunctions, Accounting, and Damages against the Board, Authority, and Clerk of Courts alleging that the Authority and the Board improperly used Utility Regulatory Fees as a funding source to pay for the County's intervention into the pending sale of the utility to' the Florida Water Services Authority (Cities of Milton and Gulf Breeze). By mutual agreement between the Utility and the County, that Complaint was dismissed in January 2004. b. ~Successful oversight of Receivership of Lee Cypress Water/Sewer Cooperative. At the request of the Florida Department of Environmental Protection, the Authority's Executive Director acted as Circuit Court appointed receiver to effect diversion of sewer flows from Copeland to the City of Everglades sewer plant and to decommission the Lee Cypress wastewater treatment plant. This 16-month tasking was completed in October 2003 when the Circuit Court vacated the receivership, returning management and fiscal control back to the Lee Cypress Board of Directors. c. Established 2003 Price Index Factor for regulated utilities; increased regulatory assessment fees from 1.5% to 2%, effective October 1, 2003; approved pass-through rate increases for all utilities resulting from increase in regulatory fees; processed applications for territorial expansions/deletions for Orangetree, Florida Water, and Goodland Isles; processed transfer of assets related to City of Marco Island's acquisition of Florida Water. d. In view of reduced workload and loss of regulatory fee revenue because of the City of Marco Island's acquisition of Florida Water's Marco Island and Marco Shores utility systems, staffing of CDES Operations (Utility Regulation Element) was reduced from 4 full-time employees to 2 full-time employees during calendar year 2003. The remaining positions include the Executive Director and the Administrative Assistant positions. 4. Whether there is any other Board or agency, either public or private, which is serving or would better serve the purpose for which the Board was created. No. Were the Authority not established with the far reaching powers within their purview, only the Board of County Commissioners would have sufficient authority to act on the utility actions brought or referred to the County. The Board of County Commissioners always has the prerogative to surrender jurisdiction of investor- owned water and wastewater utilities to the Florida Public Service Commission. Should the Board of County Commissioners opt to surrender jurisdiction, the affected customers of utilities would see an immediate 2.5% increase in water and wastewater rates to reflect the Florida Public Service Commission's 4.5% regulatory assessment fee, whereas local regulation currently assesses a 2% regulatory assessment fee to partially fund the regulatory effort. No. . I AR - Pg. ~ ~.~.-~ ..- 5. Whether the ordinance creating the Board should be amended to allow the Board to more adequately serve the purpose for which it was created. There is no need to amend the existing ordinance, as the enabling ordinance closely parallels Chapter 367, Florida Statutes, regarding non-exempt, investor-owned, water and wastewater utilities. 6. Whether the Board's membership requirements should be modified. No. In 1997, the Board of County Commissioners modified the qualifications for appointment as a member of the Authority, the revised policy being that customers of a regulated utility would be preferred for appointment to the Authority. 7. The cost, both direct and indirect, of maintaining the Board. The Authority is currently supported by a reduced staff of 2 employees, consisting of an Executive Director of the Authority and an Administrative Assistant. During 2003, two Senior Management/Budget Analyst positions were eliminated. With the marked reduction in staff'mg, utilization of engineering/financial consulting services will be utilized on an "as needed" basis. The staff receives all utility actions to be processed, analyzed, and presented to the Authority for action. The staff fields all billing inquiries, customer complaints, and monitors the adequacy and quality of service provided by regulated utilities. The staff strives to maintain an annual budget wherein expenditures closely parallel revenues. Currently, the 2% regulatory assessment fee, included in each regulated utility's service rates, generates approximately $110,000 in annual revenues, with any funding shortfall absorbed by the $500,000 Reserves for contingency. The regulatory assessment fee is reviewed for adequacy annually during the budget process. The Utility Regulation element is fully funded by the regulatory assessment fee and does not impact .the General Fund. Staff will likely seek to increase the regulatory assessment fee during the FY 2004 budget process. Any shortfall of revenues will merely reduce the Trust Fund Reserves. Any funds not expended become a carry forward amount to be added to Trust Fund Reserves. Memorandum To: Winona Stone, Assistant to the County Manager From: Joseph K. Schmitt, Administrator Community Development and Environmental Services Date: February 12, 2004 Subject: Annual Advisory Board Review Please be advised that I am in agreement with the reports as written for the Advisory Boards listed below. I concur that each of the Advisory Boards is serving the purpose for which it was created and adequately meeting current community needs. I have no additional comments or recommendations to make at this time regarding these Advisory Boards. Citizens Advisory Task Force Collier County Code Enforcement Board Contractors Licensing Board Collier County Water and Wastewater Authority Community Development and Environmental Services Office of the Administrator EXECUTIVE SUMMARY APPROVE A THREE-YEAR COLLECTIVE BARGAINING AGREEMENT WITH THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 1826 (EMERGENCY MEDICAL SERVICES UNION). OBJECTIVE: To develop a labor agreement that is fair, equitable, and fiscally responsible. CONSIDERATION: Staff has been in negotiations with the EMS Union since June 2003. An impasse was declared on October 29th, and a scheduled hearing with an arbitrator was set for February 19, 2004. Subsequent to the Hearing, the Union requested to meet on the twenty-six (26) outstanding articles, highlighted by the wage article. Following a series of meetings, both parties agreed to all articles and a proposed agreement (see attachment). The Union has subsequently ratified this agreement by a majority vote of its membership. Highlighted below are some of the key issues: · A performance-based merit pay program that is the same as the program offered to all County employees; · A 2.8% cost of living increase for Lieutenant Paramedics retroactive to December 27, 2003; · A market study to be completed annually; A plan that will provide the Union with the san~e general pay plan adjustments as those provided to all County employees in years two and three of the contract; · Flexibility to allow special pay adjustments by Management when necessary as long as the Union is provided an opportunity to sit down and discuss it; · Management rights consistent with the last agreement; · A 2% special pay adjustment for 5-7 year Lieutenant Paramedics based upon a market analysis within career progression; · A market adjustment for two helicopter pilots based upon comparable salary survey data. Additionally under this agreement, a Labor Relations Committee comprised of management and union representatives has been created to meet quarterly to discuss operational issues of mutual concern. It is expected that this will provide a formal conduit to improve communications within the department. Finally, both parties have agreed to drop the pending unfair labor practice case on file with the State. GROWTH MANAGEMENT: Plan. This agreement does not impact the Growth Management FISCAL IMPACT: Funds are budgeted and available in the EMS budget. The total fiscal impact is estimated at $211,000. RECOMMENDATION: That the Board of County Commissioners approve~~~ three year agreement with the IAFF, Local 1826 (EMS Union). / No .~ MAR 0 004 PREPARED BY: REVIEW AND APPROVED BY: j e ffz~g/e~rector a Emergency Medical Services Joh~unnuck, Administrator Divl~on of Public Services DATE: DATE: Agenda It~.~ No. ,/~ ~.~ MAR 0 9 2004 Pg- ~ __ CONTRACT BETWEEN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND SOUTHWEST FLORIDA PROFESSIONAL FIREFIGHTERS LOCAL 1826 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, INC. Effective Dates: 2003-2006 MAR 0 ~ 200~ , TABLE OF CONTENTS ARTICLE 1 - PP~AMBLE ............................................................................................................. 4 ARTICLE 2 - RECOGNITION ....................................................................................................... 6 ARTICLE 3 - MANAGEMENT RIGHTS ...................................................................................... 7 ARTICLE 4 - STRIKE PROHIBITION AND WORK REQUIREMENTS .................................. 11 ARTICLE 5 - NON DISCRIMINATION ...................................................................................... 12 ARTICLE 6 - DUES DEDUCTION .............................................................................................. 13 ARTICLE 7 - REGULAR PART-TIME EMPLOYEES ............................................................... 17 ARTICLE 8 - SENIORITY ............................................................................................................ 19 ARTICLE 9 - GRIEVANCE AND ARBITRATION PROCEDURE ........................................... 22 ARTICLE 10 - PERSONNEL REDUCTION ............................................................................... 29 ARTICLE 11 - PROMOTIONS WITHIN UNIT .......................................................................... 31 ARTICLE 12 - HOURS OF WORK AND OVERTIME .............................................................. 35 ARTICLE 13 - SICK LEAVE ....................................................................................................... 38 ARTICLE 14 - VACATION LEAVE ............................................................................................ 45 ARTICLE 15 - LEAVES OF ABSENCE ...................................................................................... 49 ARTICLE 16 - BEREAVEMENT/JURY DUTY/WITNESS DUTY ........................................... 54 ARTICLE 17 - MILiTARY LEAVE ............................................................................................. 56 ARTICLE 18 - SHIFT EXCHANGE ............................................................................................. 59 ARTICLE 19 - HOLIDAYS .......................................................................................................... 63 ARTICLE 20 - RATES OF PAY ................................................................................................... 65 Agen d~a~ I te~. No. MAR 0 9. 00 TABLE OF CONTENTS (Cont'd.) ARTICLE 21 - BENEFIT OPTION PLAN ................................................................................... ARTICLE 22 - RETIREMENT PLAN .......................................................................................... 71 ARTICLE 23 - TUITION REIMBURSEMENT ........................................................................... 72 ARTICLE 24 - OUTSIDE ACTIVITIES ....................................................................................... 74 ARTICLE 25 - BULLETIN BOARD SPACE ............................................................................... 75 ARTICLE 26 - UNION BUSINESS AND UNION TIME BANK ................................................ ARTICLE 27 - UNIFORMS AND EQUIPMENT ............................................................. .'. ......... 78 ARTICLE 28 - MISCELLANEOUS .............................................................................................. 83 ARTICLE 29 - HEALTH AND SAFETY ..................................................................................... 85 ARTICLE 30 - ALCOHOL AND DRUG TESTING .................................................................... 87 ARTICLE 31 - STATION FACILITIES ........................................................................................ 90 ARTICLE 32 - STAFFING ............................................................................................................ 92 ARTICLE 33 - SPECIAL EVENTS .............................................................................................. ARTICLE 34 - EDUCATIONAL INCENTIVES .......................................................................... 96 ARTICLE 35 - LICENSURE ......................................................................................................... 98 ARTICLE 36 - IN-SERVICE/CONTINUING EDUCATION TRAINING .................................. 99 ARTICLE 37 - OUT-OF-TOWN TRANSFERS AND TRAVEL ............................................... 102 ARTICLE 38 - MEDICAL QUALITY ASSURANCE ............................................................... 103 ARTICLE 39 - SAVINGS CLAUSE ........................................................................................... 104 ARTICLE 40 - EMPLOYEE RECOGNITION AND REWARDS PROGRAMS ...................... 105 ARTICLE 41 - LABOR/MANAGEMENT TEAM ..................................................................... 106 ARTICLE 42 - DURATION ................................. ................................................ 'l' ....... 2 i MAR 0 9 00/, ' TABLE OF CONTENTS (Cont'd.) Appendix A- County Administrative Procedure 5351 - Discipline Appendix B - County Administrative Procedure 5805 - Eligibility to Drive County Vehicles 3 ARTICLE I PREAMBLE Section 1.1 - Parties In accordance with Chapter 447, Part II of the Florida Statutes, this Agreement is entered into by and between Collier County Board of County Commissioners (hereinafter "BCC," "County," "EMS,"or "Emergency Medical Service") and the Southwest Florida Professional Fircfighters, Local 1826, International Association of Fireflghters, Inc. (hereinafter, "Union"). Section 1.2 - Purpose It is the intended purpose of this Agreement to achieve and maintain harmonious relations between the County and the Union. It is contemplated that this Agreement will serve the public interest by maximizing the efficiency and productivity of employees and providing fair treatment and compensation, and provide a procedure for the resolution of claims that this Agreement has been violated by either party. Section 1.3 - ResponsibiliW, The Union further recognizes the responsibilities imposed upon it as the exclusive bargaining agent of the Employees who are covered by this Agreement. The Union recognizes that in order for the County to provide maximum opportunities for the continuing employment and good working conditions, the County must be in a strong position, which means it must do business at the lowest possible cost consistent with fair labor standards. Therefore, thc Union, through its bargaining position, assumes a joint responsibility in the attainment of the aforementioned goalsan-'~ agr~ei~ d~E) I., ~em / I AR 0 9 200 4 ~....._ pg, ,~ will cooperate with the County through its agents and designated stewards by supporting the County's efforts to achieve a fair day's work by the employees covered by this Agreement, to actively combat absenteeism, slowness, and all other practices by employees which restrict or tend to restrict productivity. ARTICLE 2 RECOGNITION Section 2.1 - Unit Description The County hereby recognizes the Union as the exclusive bargaining agent for all employees of the County as certified by the Florida Public Employees Relations Commission in Case No. RC- 99-027, Cert. No. 1273, October, 1999. The appropriate bargaining unit is comprised of full-time and regular part-time employees in the following classifications: INCLUDED: Emergency Medical Technician Paramedic Paramedic/Firefighter Helicopter Pilot Lieutenant Lieutenant/Paramedic/Firefighter EXCLUDED: Managerial Employees Confidential Employees All employees not specifically included in the above-described unit. Section 2.2 - Part-Time Employees The County reserves the right to hire regular part-time employees to perform bargaining unit work, provided that the County will not use regular part-time employees to fill regular, budgeted full- time positions while employees arc laid off and eligible for and subject to recall under Article 10. Agenda It~m MAR 0 9 ' ARTICLE 3 MANAGEMENT RIGHTS Section 3.1 - Specific Ri~,hts The management of the Emergency Medical Service ("EMS") and the direction of its work force, including but not limited to the exclusive rights to determine whether all or any part of the operations covered by this Agreement shall commence, cease, continue, reduce or increase; to eliminate the operation or any part thereof; to change station locations; to increase or decrease the number of stations; to establish or eliminate battalions; to assign or reassign personnel within or among battalions or within or among shifts or stations on a temporary or permanent basis, consistent with the Agreement; and to establish new jobs; to abolish or change existing jobs; to increase or decrease the number of jobs or employees; to change materials, processes, products, service, equipment, work schedules and methods of operation; to introduce new materials, equipment, services or facilities; to assign work to be performed; to establish and modify job descriptions; to assign and require employees to work overtime; to establish and change hiring procedures; to set the work schedules consistent with the Agreement; to evaluate and direct the work of the employees covered by this Agreement; to maintain, enforce, rescind or change EMS policies, procedures, rules of conduct, orders, practices, directives and other operational procedures, policies and guides not inconsistent with this Agreement; to establish the standards of conduct and work of employees; to establish or change operational standards; to determine the services to be provided by the EMS; to discipline, demote or discharge employees for proper cause; to lay offemployees from duty for lack of work or for other legitimate reasons; to establish requirements for employment; to promote employees and to have complete authority to exercise those rights and powers inci~ntal ! Agenda' I MAR including the fight to alter or vary past practices as may be necessary for the orderly and efficient operation of the EMS, shall all be vested exclusively in the County, subject only to such restrictions governing the exercise of these rights as are expressly and specifically provided in this Agreement. The County's failure to exercise any right hereby reserved to it or its exercising any right in a particular way shall not be deemed a waiver of its right to exercise such right nor preclude the County fi.om exercising the same right in some other way not in conflict with the express provisions of this Agreement. Section 3.2 - Reserve Rights There shall be complete regard for the right, responsibilities and prerogative of County management under this Agreement. This Agreement shall be so construed that there shall be no diminution or interference with such rights, responsibilities and prerogatives, except as expressly modified or limited by this Agreement. Section 3.3 - Civil Emergency If, in the sole discretion of the Chair of the County Commission, or if unavailable, the Vice Chair, or if unavailable, the County Manager, it is determined that a civil emergency condition exists, including but not limited to riots, civil disorders, hurricane conditions or other catastrophes, the provisions of this Agreement may be suspended by the County during the time of the declared emergency, provided that wage rates and monetary fringe benefits shall not be suspended. Section 3.4 - Incidental Job Duties It is understood by the parties that every incidental duty connected with the operations enumerated in job descriptions is not always specifically described and employees, at the discretion Agenda, I q/~/.~ 8 MAR 0 9 200 of management, may be required to perform other job related duties not specifically contained in their job description. Section 3.5 - Inherent Management Functions Those inherent managerial functions, prerogatives and policy-making rights which the County has not expressly modified or restricted by a specific provision of this Agreement are not in any way subject to the grievance and/or arbitration procedure contained herein. Section 3.6 - Policy Changes The County agrees to provide notice to the Union, in writing, of any change in EMS policies or rules of general application prior to implementation, which would affect members of the bargaining unit. If the written notice affects wages, hours of work or terms of employment, absent exigent circumstances the Union will have fourteen (14) calendar days from the date of the notice or, if no notice was given, fi:om the date the internal Union official(s) became aware of any proposed change, to file any objections to the proposed changes with the Cotmty, which shall consider the objections before making its final decision. The objections, if any, will be filed with the Emergency Medical Services Director or designee. Section 3.7 - Designee Unless a specific Section of the Agreement states to the contrary, the Public Services Administrator is a designee of the Emergency Medical Services. Section 3.8 - Impact Bargainine Nothing contained in this Article shall be interpreted as a waiver of the Unic, n'~ rioht to , ,,,¢ bargain over any impacts the exercise of these rights may have on wages, hours and/or terms and conditions of employment. Section 3.9 - PrevailinR Ri~_htq All rights, privileges, and working conditions enjoyed by the employees at the present time, which are not addressed in this Agreement, shall remain in full force, unchanged, and unaffected in any manner, during the term of the Agreement, unless changed by mutual consent or unless they are in conflict with the provisions of this Agreement. 10 ARTICLE 4 STRIKE PROHIBITION AND WORK REQUIREMENTS Section 4.1 - Strike Prohibition The Union and bargaining unit members do not assert and will not assert or advocate any right to engage in any work stoppage, slow down or strike, or to withhold services or otherwise hinder the County's operations. Each employee who holds a position with the Union also occupies a position of special trust and responsibility in maintaining and bringing about compliance with this Article and the strike prohibition of Section 447.505, Florida Statutes and the Constitution of the State of Florida, Article 1, Section 6. Section 4.2 - Discipline Recognized Any and all employees who violate any provision of the law prohibiting strikes or this Article shall be disciplined, up to and including discharge, by the County. Section 4.3 - Remedies It is expressly agreed and understood that in the event of a strike, the County may, in addition to other remedies available to it under law, petition a court of competent jurisdiction for appropriate injunctive relief, and/or cancel this Agreement. If this Agreement is cancelled as a result of a strike, the parties agree that the County has all the rights it had prior to the time the Union was certified and that it may make unilateral changes in wages, hours or terms and conditions of employment. 11 FAgend~ Ite~ '°' MAR 0 ARTICLE 5 NON DISCRIMINATION Section 5.1 - Union/Non-Union Activity There shall be no discrimination, interference, restraint, or coercion by the County against any employee for activity on behalf of, or membership in, the Union. There shall be no discrimination, interference, restraint or coercion by the Union or any Union member against any employee because of that employee's refusal to join the Union or participate in Union activity. Section 5.2 - Protected Class Employee rights as provided by local, state and/or federal law are hereby recognized; provided that allegations of discrimination based on race, sex, religion, national origin, disability, age or color or any other current or future protected class will be resolved in the appropriate court or administrative agency and not under Article 9, Grievance and,4rbitration Procedure. 12 i Age 'nda Ite~ "~ ARTICLE 6 DUES DEDUCTION Section 6.1 - Authorization The County, through the Office of the Clerk of the Court of Collier County, shall deduct from the pay of all Union members who authorize such deduction, the monthly dues payable to the Union. The County reserves the right to bill the Union for the cost of dues deduction if the Clerk of the Court charges the County for this service. Section 6.2 - Deduction Payroll deduction shall be accomplished in equal shares on the first and second pay period of each month. The County will only be responsible for deducting dues associated with the 26 paycheck schedule. There is no obligation for the County to deduct dues from specially prepared checks, such as early vacation pay. Section 6.3 - Form Employees desiring the dues deduction shall authorize it by completing an appropriate form prescribed by the County. The form is attached hereto as Exhibit 1. Section 6.4 - Indemnification The Union agrees to indenmify the County and the Clerk of the Court, and hold them harmless, from and against any liability, real or asserted, of any kind or nature whatsoever, to any person or party, on account of the County or the Clerk's compliance or efforts to comp!~y 13 with this bio 0 Article. Neither the County nor the Clerk of the Court has any obligation to inform employees of the amount of Union dues or change of such dues. Section 6.5 - Certification of Dues Amount It shall be the Union's obligation to keep the County at all times informed, by certification by the Secretary/Treasurer of the Union, of thc amount of the uniform dues. Pay will only be deducted for employees who comply with Section 1 of this Article and who authorize deduction of dues by executing Exhibit 1. Section 6.6 - Transmission of Dues to Union The monthly transmission of dues money to the Union will be accompanied by a list of names of employees affected, and the amount transmitted with regard to each. Section 6.7 - Limitation on Deductions No deductions will be made at any time for any monies representing fines, fees, penalties, or special assessments. Section 6.8 - Effective Date of Deduction The obligation to commence making deductions on account of any particular authorization shall become effective with respect to the calendar month following the month in which the authorization is received, provided it is received on or before the 20th of the month by the County. 14 i A ge'n da I~em I - AR 0 9 Section 6.9 - Cancellation Any employee may withdraw from membership in the Union at any time upon 30 days written notice to the County and the Union. Upon receipt of such notification, the County shall terminate dues as soon as practical. Section 6.10 - Role of Collier Coun ,ty Clerk of Court It is understood that the Clerk of the Court is a Constitutional Officer and is not subject to control by the Collier County Board of County Commissioners. Preparation of the County's payroll and Union dues deduction is a service provided by the Collier County Clerk of the Court. Therefore, the County is neither responsible nor liable for failure to withhold Union dues or mistakes made in dues deduction by the Clerk's Office. The County will work with the Union to correct any mistakes made by the Clerk's Office. 15 Agenda Item_ .o. /0 MAR O 9 200/, ARTICLE 6 -- EXHIBIT 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AUTHORIZATION FOR PAYROLL DEDUCTION OF UNION DUES I hereby authorize the Collier County Board of County Commissioners, through the Clerk of the Court of Collier County, to deduct from my earnings, the regular monthly dues (uniform in dollar amount) in the amount certified by the Treasurer of Local 1826/I.A.F.F., Inc., and further authorize the remittance of such amounts to said local Union in accordance with the currently effective Agreement between the County and the Union. This authorization is revocable by a notice in writing to the Collier County Board of County Commissioners. I hereby waive all rights and claims for said monies so deducted and transmitted in accordance with this authorization and, further and separately, relieve the County and the Clerk, and the respective agents and employees of each from any liability therefor. NAME DATE SOCIAL SECURITY NUMBER SIGNATURE AUTHORIZATION TO STOP PAYROLL DEDUCTION OF UNION DUES I hereby authorize the Collier County Board of County Commissioners, or its agent, to stop deducting the sum which was designated and current by the Treasurer of Local 1826/I.A.F.F., Inc. fi'om my wages. NAME DATE SOCIAL SECURITY NUMBER SIGNATURE 16 Agenda Item "~ / ARTICLE 7 REGULAR PART-TIME EMPLOYEES Section 7.1 - Regular Part-Time Employees The County reserves the right to hire regular part-time employees to perform EMT and Paramedic bargaining unit work, provided that a regular part-time Paramedic will not be in charge of a unit. The County will not use regular part-time employees while there are qualified full-time employees on lay-off eligible for recall. Section 7.2 - Pay Regular part-time employees shall not be permitted to work more than one hundred forty-four hours in any pay period. The County agrees to maintain records of the number of hours that regular part-time employees work; ifa regular part-time employee has an excess of one hundred forty-four hours and knowingly accepts more hours they may be disciplined. A Union representative will have access to payroll records to ensure compliance. The regular part-time employee must notify the Division Battalion Chief if the offered hours will cause them to exceed the one hundred forty-four (144) hour maximum. Regular part-time employees will be paid at the Part-Time EMT rate set forth in Article 19. Benefits, except to the extent required by law, or as outlined by this Agreement, will not be paid to part-time employees. Section 7.3 - Limitation on Number of Part-Time Employees The County agrees to limit the total number of EMS regular part-time employees employed, to a number not to exceed fifteen percent (15%) o f the number o f full-time bargaininl 17 unit positio~ns. MAR 0 Section 7.4 - Qualification for Full-Time Positions Part-time employees who are eligible and who desire full-time employment will take the County test for full-time employment as a Paramedic that is given to all other applicants. Part-time employees who score equal to or higher than outside applicants will be given a right-of-first-refusal to the full-time job. If there are more qualified part-time employees than available full-time positions, the County will select the part-time employee(s) to be offered a full-time position. Section 7.5 - Not Covered by Contract Part-time employees are covered by any Article of this Agreement unless the Article or Section specifically excludes part-time employees. 18 ARTICLE 8 SENIORITY Section 8.1 - Definition Seniority is defined as continuous, regular service with the Collier County EMS and is that time actually spent on active payroll plus those periods specified in Section 2 of this Article. The seniority date shall be an employee's last date of hire in Collier County EMS. If two or more employees have the same EMS date of hire, relative seniority will be determined by the last four digits of the employees' social security numbers, with the lowest number the most senior. It is agreed that the seniority provisions of this Agreement shall not apply to employees who have not completed their probationary period; however, upon the satisfactory completion of his/her probationary period the employee will be entered on the seniority list as of the original date of hire. For purposes of this Article, Article 10 and the Vacation Section under Section 14.3, seniority for a part-time employee who becomes a regular full-time employee will begin on the date of hire as a part-time employee, following completion of probation. Seniority does not apply to benefit accruals or for any other purpose under this Agreement. Section 8.2 - Calculation of Seniority In computing an employee's seniority, the following periods of time shall be included: A. Approved leaves of absence. B. Vacation periods. C. Periods of temporary layoff for a regular employee up to six (6) ! Iqo ,._~.Q Periods of illness or accident up to one (1) year. Qualifying periods of service in the Armed Forces of the United States. Leave granted under the Family Medical Leave Act. Section 8.3 - Loss of Seniori .ty Unless otherwise stated, an employee shall be terminated and shall lose all accumulated seniority iff A. B. Bo He/She voluntarily quits. He/She is discharged and not reinstated with full benefits under the County Procedures. He/She has been continuously laid off for a period of more than six (6) months. He/She fails to return to work on the date designated in a notification to return to work following layoff. He/She fails to return to work at the end of any period specified in Section 8.2. Section 8.4 - Break in Service When there has been a break in continuous employment for thirty (30) days or more, except for any approved leave or a layoff, the affected employee, upon reinstatement or re- employment, will be considered a new employee for all purposes under this Agreement. Section 8.5 - Probationary Period The first twelve (12) months of employment with Collier County EMS shall be considered probation. An employee will be off probation and considered a regular full-time kgend~ It:e~m 20 MAR 0 § 20or, employee upon receipt of a "meets expectations or above" or other comparable evaluation, which is performed during the 12th month of employment. The probationary period may be extended by the mutual consent of the County and the employee. The Union will be advised in writing of any extension of probation. Section 8.6 - Annual Seniority List The County shall, effective January 15 of each year, prepare a seniority list of regular full- time employees in the bargaining unit. The seniority list shall be based on the last date of hire with Collier County EMS. The seniority list shall be used as required for the basis of action under other articles of this Agreement. The seniority list shall be conclusively presumed accurate unless challenged by the Union within fourteen (14) calendar days of its receipt by the Union. 21 MAR 0 DOA ARTICLE 9 GRIEVANCE AND ARBITRATION PROCEDURE Section 9.1 - Purpose In a mutual effort to provide a harmonious working relationship between the parties to this Agreement, it is agreed to and understood by both parties that there shall be a procedure for the resolution of grievances between the parties arising from any alleged violation ora specific term of this Agreement other than any matters relating to discipline and discharge. Section 9.2 - Definition For the purpose of this Agreement, a grievance is defined as a dispute, claim or complaint that any employee or group of employees may have as to the interpretation, application, and/or alleged violation of some express provision of this Agreement which is subject to the Grievance Procedure. Section 9.3 - Right of Individuals to A Just Grievance Nothing in this Agreement shall be construed to prevent any employee from presenting, at any time, his/her own grievance in person and having such grievances adjusted; provided the adjustment is not inconsistent with the terms of this Agreement. If the grieved employee requests Union representation, the grievant will notify the Emergency Medical Services Director or designee. It is the responsibility of the grievant to notify the Union of any meeting called for the resolution of such grievances. 22 Section 9.4 - General A. A reasonable effort will be made by the parties to settle all grievances as soon as possible. The time limits set forth shall be strictly complied with, and can only be extended by mutual agreement of the parties in writing. Any grievance shall be considered settled at the last level considered if the grievant fails to timely process the grievance. B. The Union will not be required to process grievances for employees who are not members of the Union. C. The commencing of legal proceedings against the County in a court of law or equity, or before the Public Employee Relations Commission, or any other administrative agency for misapplication or misinterpretation of the terms of this Agreement, shall be deemed an election of remedy and shall be deemed a waiver by the employee or the Union of its/their right to resort to the grievance and arbitration procedure contained in this Article. The utilization of the arbitration procedure under this Article for the resolution of alleged violations of this Agreement shall constitute a waiver of any rights of the party who initiated the arbitration may have to file a charge on the issue with the Public Employees Relations Commission or any other state or federal agency. Section 9.5- Requirements of Written Grievance All grievances, as outlined above, must be in writing and must contain the following information: (1) Article and Section of the Agreement alleged to have been violated; (2) A full statement of the grievance, giving facts, dates and times of events, and if possible, specific violations. The grievance shall also contain the remedy or adjustment desired; (3) (4) Signature of aggrieved employee and date signed; and ~ t~genda Item I t o. Signature of the Union representative (must be a designatedloffi~' ~- §'-~?.O0/~ ! 23 steward) if the grievance requests Union representation. (5) A class grievance may be filed when a single issue applies to more than one employee, and in such cases the elected employee representative or Principal Officer may sign the grievance form. Any grievance not containing the information set forth above may be processed through the grievance procedure, but shall not be subject to arbitration absent the mutual consent of the parties. The grievance form must be submitted and completed in full. Section 9.6 - Suspension/Discipline All grievances and appeals of action involving discipline or discharge will be govemed by the Collier County Human Resources Practices and Procedures and County Administrator's (Manager) Agency ("CAA") Instruction Manual as amended to permit union representation that is in effect for all other Collier County non-exempt employees. A copy of the Procedure/CAA is attached as Appendix A. Section 9.7 - Steps Grievances shall be processed in accordance with the following procedures: STEP 1: The grievant shall present in writing his/her grievance to his/her immediate supervisor within fourteen (14) calendar days of the occurrence of the action giving rise to the grievance. Discussions will be informal for the purpose of settling differences in the simplest and most effective manner. The supervisor shall reach a decision and communicate in writing to the grievant within fourteen (14) calendar days from the date the grievance was presented. Failure of the supervisor to timely respond shall be considered a denial of the grievance and shall entitle the grievant to appeal to Step 2. ~ Agenda It~n ] No. /~ STEP 2: If the grievance is not sealed at the Step 1, the grievant, within fourteen (14) calendars days of the answer in Step 1, may present it to the Emergency Medical Services Director. The Emergency Medical Services Director shall investigate the alleged grievance and may conduct a meeting with the grievant. The Emergency Medical Services Director shall notify the aggrieved employee of the decision no later than fourteen (14) calendar days following receipt of the grievance at Step 2. Failure of the Emergency Medical Services Director to timely respond shall be considered a denial of the grievance and shall entitle the grievant to appeal to Step 3. STEP 3: If the grievance is not settled in Step 2, the grievant, within fourteen (14) calendar days of the answer in Step 2, may present the written grievance to the Division Administrator. The Division Administrator shall investigate the alleged grievance and may conduct a heating or meeting with the grievant. The Division Administrator shall notify the aggrieved employee in writing of the decision not later than fourteen (14) calendar days following the submission of the grievance at Step 3. Failure of the Division Administrator to timely respond shall be considered a denial of the grievance and shall entitle the grievant to appeal to Step 4. STEP 4: Ifa grievance, as defined in this Article, has not been satisfactorily resolved within the grievance procedures, the grievant may request arbitration in writing to the Human Resource Department no later than fourteen (14) calendar days after the response is received. Section 9.8 - Arbitration Whenever the aggrieved employee requests arbitration in accordance with the provisions of Section 9.7, the grievant may request the Federal Mediation and Conciliation Servic~ t~, ~;~},,~it a t Agend It 25 ~ Pg'-c~9~ I panel of seven (7) arbitrators. The request must be made within fourteen (14) calendar days of the denial of the grievance at Step 3. Arbitrators shall be selected from such panel by alternately striking names from this list (the grievant shall strike first) until the last name is reached. The Union reserves the sole authority over whether to proceed to arbitration on a particular grievance. Section 9.9 - Rules Applicable to Grievance/Arbitration The following general rules are applicable to this Article: A. Any grievance involving discipline, up to and including termination, is governed by the County Policy as described in Section 9.6 and is not subject to the Grievance and Arbitration Procedure. Disciplinary actions that do not involve suspension or termination are subject to the Grievance Procedure through Step 3, but not to arbitration under this Article. B. The Union or employee may abandon or settle a grievance. Grievances settled under this Article shall be non-precedent setting and cannot be offered as evidence or as precedent in any subsequent arbitration case unless the Union and the County mutually agree in writing that the grievance is precedent setting. C. No grievance can be amended or supplemented after the initial management response at Step 1 without the written consent of the Emergency Medical Services Director. D. The arbitrator shall not have the power to add to, subtract from, modify, or alter the terms of this Agreement. E. The arbitrator shall have no power to establish wage scales, rates of pay for new jobs, or to change any wage, except when the wage being paid is in violation of the Agreement, or when he is otherwise specifically empowered to do so by both parties. F. The arbitrator shall have only the power to rule on grievances ansm~ uncl~et&l~ I~en~ / I~o. /DID Agreement, as defined under Section 9.2 and which comply with the requirements of Section 9.4 (A) and (C), Section 9.5 and the time limits established by this Article. G. The arbitrator shall determine each dispute in accordance with the terms of this Agreement and in accord with a Submission Agreement, if one can be agreed to. If there is no Submission Agreement, then the arbitrator will rely on the grievance under Step 1 of Section 9.7. H. The arbitrator shall not receive into evidence nor rely upon any past practices that occurred prior to the date of execution of this Agreement. I. The arbitrator's sole authority with regard to monetary awards is the award of back pay. No interest, costs or other damages of any type whatsoever may be awarded. J. The County and the Union agree to open the Grievance and Arbitration Article in one (1) year should both parties wish, with regards to the disciplinary procedures. K. There is no duty to arbitrate any grievance where the factual basis of the grievance occurred prior to the execution of this Agreement or after the expiration of this Agreement. Section 9.10 - Appeals There shall be no appeal from the arbitrator's decision; it shall be final and binding on the Union and on all bargaining unit employees and on the County; provided, however, that the arbitrator's decision is not outside or beyond the scope of the arbitrator's jurisdiction and authority as set forth in this Agreement. Section 9.11 - Costs The costs of the arbitration shall be split equally between the parties. Each side desiring a transcript will pay for it. If both parties obtain or use a copy of the transcript, the ~ genda Ite~ I MAR 0 27 ~ pg. reporter's fees and transcript shall be equally split between the parties. for wimesses, shall be borne by the party calling them. Expenses, including wages 28 No. MAR 0 9 ARTICLE 10 PERSONNEL REDUCTION Section 10.1 - Layoff Procedure In the event of a reduction in force, the County will declare a surplus by classification. Thc County will consider a number of relevant factors in determining selection of individuals for layoff, with the public interest to be of prime importance. Factors to be considered include, but arc not limited to: A. B. C. D. The average rating on the performance evaluations for the last three (3) years; Conduct/disciplinary record for the last three (3) years; Attendance record for the last three (3) years; and Seniority. As between two employees, if the County, in its sole discretion, determines factors A, B and C are relatively equal at the time of layoff, then seniority shall prevail. Section 10.2 - Recall Recall will be in reverse order of layoffs. No new bargaining unit employees will be hired by the County in a classification until all members of the bargaining unit who were laid off in that classification within the prior six (6) months are offered recall. Within three (3) work days of a certified receipt date, laid off employees must signify in writing, their intention of returning to work, to the Emergency Medical Services Director or designee. Failure to respond to the notice within thc prescribed time limits previously stated, or failure to report on the date designated, shall constitute a i A~enda It resignation by the employee. N~. MAR 0 29 Section 10.3 - Eligibili ,ty for Recall To remain eligible for recall, the employee must possess all licenses and certifications required for the job and be physically and mentally able to perform the essential functions of the job, consistent with the Americans with Disabilities Act 30 Agenda Ite~ ARTICLE 11 PROMOTIONS WITHIN UNIT Section 11.1 - Definition A promotion is defined as movement from a lower rank to a higher rank within the bargaining unit (i.e. Paramedic to Lieutenant). Promotions to a rank or position outside the bargaining unit are not covered by this Agreement. Section 11.2 - Selection A. Promotions are offered in an effort to recognize and reward an employee for permanent acceptance of increased responsibilities. 1. The promotional selection process shall consist of the following components: a. Written Examination taken from materials published in a list to candidates 30 days prior to testing. b. An oral interview with a panel consisting of a minimum of five individuals comprised of two union representatives, two administrative personnel, one individual from EMSAC, all will be chosen by Collier County Administration, except for the Union representatives. 2. Testing sections shall carry the following percentages towardS the final promotional exam grade: Written: 70% Oral interview: 30% c~bett~Dl~ i~ 3. Candidates must pass the written examination with a grade of 80% ~ No !/ MAR 0 qualified to be interviewed by the panel. 4. The Union shall be permitted to have an observer present at all testing procedures. 5. A notice of promotional testing shall be published to all department employees for review not less than 30 days prior to the start of the promotional testing. This notice shall contain all details, dates, and times for the testing sections and shall be strictly adhered to throughout the process once published. B. Within 48 hours of the close of the promotional testing, a candidate list shall be published and shall be posted on the BBS, listing the employees by the last four digits of their social security number with their final scores ranked in order of final results. From this list, employees who end the process with 80% or better shall be ranked in grade order on a promotional list. From this list the EMS Director will select and promoted from among the top five qualified applicants (i.e. if there are three open positions at the time the promotional list is published, the EMS Director may promote any three employees from the top five passing the exam; OR if there are five openings at the time the promotional list is published, the EMS Director shall promote all five of the top employees from the promotional list, AND if there are seven open positions at the time the promotional list is published, the first top five employees shall be promoted with the next two promotions taken from numbers 6-10 employees on the promotional list). Promotions will occur within 7 days of the date of the promotional list being published. C. Following the initial promotions from the promotional list, the list shall remain active for a period of twelve (12) months with remaining employees listed in order of their final examination grades. Future openings that occur during the next 12 months shall be promoted from the promotional list. D. To be eligible to take the promotional test for Lieutenant, Paramedics m~§t:y-n~Jt~Ai~l No,~ ! I MAR 0 requirements as outlined in this Article. Section 11.3 - Probation Any time an employee accepts a promotion within the Emergency Medical Services Department, that employee shall be on probation for the first three (3) months in the new position. At any time during the three (3) month probationary period, the employee may be demoted with just cause and returned to the employee's prior job classification, without loss of seniority. A demoted employee will be paid at the rate the employee would have received had he/she not been promoted. Section 11.4 - Pay Upon Promotion Upon promotion to a classification with a higher pay grade, the employee shall receive up to a ten percent (10%) pay increase or the base salary of the new position, whichever is greater, not to exceed the maximum of the new classification. Section 11.5 -Med Flight Assignment Bargaining unit employees (including Pilots) assigned to Med Flight will be considered a Special Operations Assignment. Flight Medic positions will be awarded based on testing. Helicopter pilots must meet the requirements as set forth by Helicopter Operations. Section 11.6 - Requirements to Take the Lieutenant's Exam Qualifications: Minimum of two (2) years experience full-time with the Collier County EMS Department and a minimum of two (2) years full-time as a 33 County certified Paramedics that have been hired prior to the ratification of this contract who will qualify under the former criteria. · If an employee has a documented history of operational problems the employee's Division Chief will be able to deny application. · History of meets expectations performance appraisals over the past two (2) year period. · No level 1 or level 2 Quality Assurance reviews over the previous two (2) year period. · Possession of a valid State of Florida Paramedic License. · Possession of a valid Florida Drivers License. · Possession of a valid EVOC certificate. · Possession of a valid CPR Healthcare provider card. · Possession of a valid ACLS Provider card. · Completion of APLS or PALS certification course. · Completion of PHTLS or BTLS certification course. · Completion of an Incident Command Systems certification course may be required within one year of promotion. · Completion ora Hazmat Operations Level Certification course may be required within one year of promotion. · Completion of a Basic Water Rescue certification course may be required within one year of promotion. · Physical agility testing, if required for any position, will be subject to impact bargaining prior to implementation. 34 Agend~ ~tAR 0 § ARTICLE 12 HOURS OF WORK AND OVERTIME Section 12.1 - Work Schedule Regular full-time employees in the classification of EMT, Paramedic, Paramedic/Firefightcr, EMS Lieutenant, EMS Lieutenant Paramedic/Firefighter and Helicopter Pilot will work one of the following schedules: A. Twenty-four (24) hours on duty followed by forty-eight (48) hours off duty in a repeating rotating schedule. Non-seasonal units established after the date of this Agreement will be assigned to twenty-four (24) hour shift. B. Twelve (12) hours on duty followed by twelve (12) hours o ffduty with the number of days as scheduled by EMS Operations; provided that the current twenty-four (24) hour units will not be converted to twelve (12) hour units during the term of this Agreement. Helicopter Pilots, employees assigned to seasonal, out-of-county transfer, special events, and inter-facility transport units may be assigned to shills of less than twenty-four (24) hours. C. Eight (8) hours on duty for five (5) consecutive days. Section 12.2 - Overtime Pay Regardless of shift assignment, employees will be paid overtime as required by the Fair Labor Standards Act. Except as otherwise provided herein, leave time, whether paid or unpaid, will not be counted as time worked for overtime purposes. Section 12.3 - Overtime Assignment Overtime shall be awarded in a fair and equitable manner by the computer based overtime distribution program. 35 MAR 0 § 2f10 Section 12.4 - Maximum Continuous Hours At no time shall an employee be permitted to work more than fifty (50) hours in any rolling seventy-two (72) hour period, unless being held past the fifty (50) hour mark is due to a late call, or is the result of an emergency. Section 12.5 - Workweek The workweek will begin on Saturday and end on a Saturday 168 hours later. Section 12.6 - Early/Late Report Employees who are held over beyond their normal work shift shall accumulate hours worked in one-quarter hour increments rounded to the next nearest quarter hour. Employees called in to work earlier than normally scheduled in conjunction with a scheduled work day, shall be paid in increments of one-quarter (1/4) hour. Employees who report to work late will receive no pay for the time missed, rounded to the nearest one-quarter (1/4) hour increment. Section 12.7 - Bargaining Unit Work Nothing in this Article or in this Agreement shall be interpreted as prohibiting or in any way restricting Collier County EMS non-bargaining unit members from performing bargaining unit work on a temporary basis. This Section will not be utilized to allow the County to subcontract out Units nor to permit replacement of bargaining unit personnel with employees of a partnership agency, except when the non-Collier personnel are working on County vehicles as part of the ALS Engine Program, Single Vehicle Response Program, SORT team, or other similar program. i Agenda Iteo~ No MAR 0.9 2004 Section 12.8 - Special Operations Overtime/ALS Enuine Prouram It is understood that overtime for the ALS Engine Program and Flight Medic slots shall only be made available to those employees who have been cleared, oriented and trained for the program. Section 12.9 - Pilot Assignment Helicopter Pilots who are unable to fly due to helicopter maintenance will report to work for their normal shift and be assigned other duties or flight work as assigned by the Chief Pilot for the duration of their shift, and therefore not suffer any loss of pay as the result of those conditions outside their control. Pilots may be utilized to assist thc mechanic with the starts required for helicopter repair or perform other aviation-related duties. In the event the helicopter is out of service due to maintenance for periods longer than forty-eight (48) consecutive hours, Pilots may be assigned to ride as a third person on a ground ALS unit during the hours they would have normally been scheduled to work, provided there is no training scheduled for Med Flight personnel during these extended periods when the helicopter is down due to maintenance. When Med Flight is unable to fly due to changes in the weather conditions, Pilots will remain assigned to their normal work hours and shall continue to report to H.O.C. to be available to run calls when the weather changes. 37 MAR ZOOt ARTICLE 13 SICK LEAVE Section 13.1 - EiigibiliW All regular and probationary employees shall be entitled to accrue and use accumulated sick leave with pay from the date of hire. Regular part-time employees do not accrue sick leave benefits. Section 13.2 - Accrual of Sick Leave A. Regular employees hired after September 30, 1993 shall accrue hours of sick leave on the following schedule: I40/42-hour 56-hour 5.17 hours per biweekly pay period 3.69 hours per biweekly pay period leave on the following schedule: I40/42-hour 56-hour Co Regular employees hired on or before September 30, 1993, shall accrue hours of sick 4.62 hours per biweekly pay period 6.47 hours per biweekly pay period Regular employees may accrue an unlimited number of sick leave hours throughout their County career. D. Employees hired fi.om Constitutional Officer agencies without a break in continuous service or with a break in service of less than 30 days may transfer their accumulated sick time. The date of hire with the Constitutional Officer agency shall determine the sick leave accrual rate with the County. ~ ~genda~ it, gm ' -~ a~e NO~.~ E. Sick leave shall be accrued on the basis of regular hours worked, e d vacauon~} MAR 0 leave taken, earned sick hours taken, holiday hours, and military leave. F. Leave without pay and hours in excess of forty (40) hours, forty-two (42) hours, or fifty-six (56) hours average per week, as applicable, are excluded from sick leave accrual. Section 13.3 - Use of Sick Leave The minimum charge for sick leave shall be one (1) hour units. Sick leave may be granted for the following purposes: 1. Personal illness or injury. 2. Employees assigned to eight (8) hour shifts may use sick time for appointments with medical, dental or other recognized practitioners for consultation or treatment when such appointments cannot be scheduled during non-work hours. Employees assigned to a twenty-four (24) hour shift may use sick leave for such appointments when a medical emergency exists. 3. Serious illness and/or disability in the employee's immediate family where the employee's presence is necessary to provide care, for up to two (2) 24-hour shifts, or two (2) 12-hour shifts, or three (3) 8-hour shifts for any one incident. For purposes of this Section, immediate family is defined as spouse, children, brother, sister, or parents. 4. Disabilities arising out of pregnancy, childbirth, and recovery shall be treated as other temporary, non-job connected disabilities in terms of eligibility for sick leave, vacation, or leave of absence. 5. Employees will be allowed to use all of their sick time prior to using short term or long term disability if they choose. ~'~'-'~enda Co Notification and Proof of Illness. 1. The employee shall be responsible for notifying the EMS Battalion Chief on duty or Chief Pilot one (1) hour or more before the start of the shirr on each day of absence. Failure to provide timely notice will be cause for denial of sick leave pay for the period of time. 2. Employees may be required to supply proof of sickness, injury or disability, including the employees' spouse, child or parent and the appropriate proof that the employees' presence is required, by submitting, at their own expense, a physician's (a) After three (3) non-consecutive sick leaves during any rolling 12- month period; or (b) When there is a pattern or practice of sick leave usage; or (c) When there is a basis to form a reasonable suspicion that the sick leave is being abused. 3. When an employee has had an illness which requires hospitalization or results in absence from work for more than two (2) consecutive shifts or more than five (5) consecutive days, whichever is greater, the employee shall provide a doctor's note stating that the employee may return to work to be eligible for sick leave pay. 4. When out on leave for medical reasons, an employee is required to first use all accrued sick leave prior to using leave without pay. With management's approval, the employee may use vacation leave or compensatory time (pilots), if sick leave is exhausted prior to being placed on leave without pay. 40 statement: 5. In cases of accident or injury, a medical leave may be granted without prior notice. Section 13.4 - Sick Leave Pay Upon Separation A. Employees of record on August 2, 1996 shall have their sick leave balances calculated and valued as of the end of the workday of August 2, 1996. B. The valuation shall be calculated as follows: · Total hours sick leave accrued X percent allowed upon separation (see chart below) = hours to be paid, to a maximum of 1040 hours. % PAll) AT YEARS OF SERVICE SEPARATION At least 2 years but less than 5 ),ears 20% At least 5 ),ears but less than 10 years 25% At least 10 )'ears but less than 15 years 35% At least 15 ),ears but less than 20 >,ears 40% Alter 20 ),ears 50% C. Upon separation, each employee's total accrued sick leave will be calculated and valued in the same manner again. Except for employees who are separated from County employment due to misconduct, job abandonment, or Violations of the Code of Ethics, employee' shall be paid the lesser of the two values upon separation. D. No employee hired after August 2, 1994 shall receive payment for accrued sick leave upon separation. E. The maximum amount of sick leave hours that may be paid to an employee at termination is 1040 hours. F. Regular full-time employees who are laid off from County service shall have the option of receiving payment for sick leave in accordance with this Section at the time 9£!~,~,FC or, ~ "Agenda_Item retaining all sick leave hours for a period of six (6) months. ~ MAR 0 9 2oo , G. In the event an employee is separated because of death, sick leave shall be paid in the final paycheck in the manner calculated above. Section 13.5 - Attendance Incentive Plan The County's Attendance Incentive Plan in effect for all other non-exempt County employees will continue to be available to bargaining unit employees. Any change in the Plan for all non- exempt employees will be applicable to bargaining unit employees. Section 13.6 - Sick Leave Bank The County shall establish an EMS Employee Sick Leave Bank separate from the County Sick Leave Bank for use by all Collier County Emergency Medical Services employees as outlined in this Section. A. An employee having used all of his/her vacation and sick hours due to absence resulting from a serious illness, accident or disability may receive a donation from the Sick Leave Bank as hereinafter provided. Employees out as the result of a worker's compensation injury may not be considered for Sick Leave Bank usage. To be eligible to participate, the employee must be a regular full-time employee and have completed the initial probationary period. B. An employee must contribute initially at least eight (8) hours of accrued sick leave or vacation to participate in the Sick Leave Bank program. Donations to the Sick Leave Bank must be authorized by the employee by completing and signing the Sick Leave Bank Donation Form. The EMS Director and the District 14 DVP will review the Sick Leave Bank balance and determine if sufficient time is available. Every year on October 1st, a notice will be sent to all employees requesting donations be made to the Sick Leave Bank. If donations are needed, employ~~ to continue their participation in the program will donate the requested time. The donated time will normally be in four (4) or eight (8) hour blocks. All participating employees will contribute the same number of hours. C. The EMS Director or the District 14 DVP may request the establishment of a leave bank account for an employee. The request shall be submitted in writing to the Sick Leave Bank Committee, which shall consist of three (3) members: one bargaining unit member chosen by the District 14 DVP, one bargaining member selected by the EMS Director; and the EMS Director serving as the third Committee member. The written request shall be submitted to the Sick Leave Bank Committee, who shall then meet or communicate as soon as possible to review the request. The decision of the Committee will be final and not subject to the Grievance and Arbitration Procedure. D. Use of leave from the Sick Leave Bank shall not exceed three (3) calendar months. Exceptions to this rule, which would permit the approval of up to another three (3) months of Sick Leave Bank usage, can be approved by the Sick Leave Bank Committee. E. As long as the employee is in a pay status, the County will maintain its contributions to the health insurance program for that employee. F. Employee donations to the Sick Leave Bank will not impact their eligibility for the Attendance Incentive Program. G. An employee receiving paid leave from the leave bank as a result of the employee's own serious health condition, defined as an illness, injury, or impairment, physical or mental condition, that involves inpatient care in a hospital, hospice, or residential medical care facility or requires continuing medical treatment by a health care provider shall be considered to be on medical leave. Such leave shall be counted against the employee's leave entitled inaccord~a~ce v~. nd~'~~t~ ~ MAR 0 § Family and Medical Leave Act of 1993 (FMLA). Section 13.8- Personal Leave All County employees will be eligible for sixteen (16) personal leave hours with pay per calendar year. A. The personal leave hours will be credited to the employee's time of hire. B. Personal leave hours shall not be accrued or be transferred to any other leave account and shall be forfeited by the employee if not used during the calendar year. C. Employees who resign, are laid off, or are otherwise separated or discharged from the County Service shall not be entitled to be paid for any unused personal leave balance. D. The minimum charge for personal leave shall be in one (1) hour units. E. Personal leave may be used by the employee to conduct personal business. Personal leave may be used to observe the Good Friday holiday, subject to attaining approval from the employee's supervisor at least two (2) weeks in advance from the day of the holiday. Staffing requirements and the ability to serve the public shall be considered in approving the leave request. F. Supervisors may require at least five (5) days advance notice if an employee wishes to use personal leave. 44 Agenda IteqO_. ARTICLE 14 VACATION LEAVE Section 14.1 - Accrual Employees shall accrue vacation hours according to the following schedule: YEARLY ACCRUAL PER VACATION HOURS PAY PERIOD LENGTH OF SERVICE WORK WEEK WORK WEEK 40 56 40 56 1 - 4 Years 80 120 3.08 4.136 5 - 10 Years 120 168 4.616 6.464 11 - 20 Years 160 240 6.152 9.23 21+ Years 200 288 7.616 11.08 Employees accrue vacation hours from their first day of full-time employment, but are not eligible to use vacation time for the first six (6) months of their employment. The maximum number of vacation hours an employee is permitted to accrue is 480. Vacation leave in excess of 480 hours will be automatically converted to sick leave. If at the time of separation the employee has more than 320 hours of vacation only 320 hours will be reimbursed by the County. Section 14.2 - Selection Employees may select vacation dates for one or more shifts before December 1st for the period January 1 through December 31 of the next year. Vacation dates selected in this time frame shall be granted to employees based on seniority. Section 14.3 - Maximum per Division A. Except as hereinafter provided, the County shall allow up to three (i) bargaining unit employees per Division offduty on vacation leave per shift; two (2) Flight Medics can be on vacation at any time, provided that coverage is available. B. During the Holiday periods set forth in Section 14.6, only two (2) 12/24-hour employees per Division may be off duty on vacation leave per shift. C. Pilots shall schedule vacation, with the approval of the Chief Pilot, provided that no more than one pilot, including the Chief Pilot, can be on vacation at any time. The Chief Pilot will select vacation first. D. Employees scheduling vacation time under this Section during the November to December period, will be locked in for the dates granted as of January 1 st. Section 14.4 - Increments Vacation leave for 24-hour shift employees must be taken in minimum of twelve (12) hours at any time if the County is to be responsible to locate and secure coverage for the employee. Employees on twelve (12) and eight (8) hour shi~s can take vacation in six (6) or four (4) hour increments, respectively. Employees may use vacation in one (1) hour increments provided the employee finds their own overtime coverage. The employee working the overtime must agree to do so in writing. If the employee who agreed to work the overtime fails to work it for any reason, he will be charged one (1) vacation hour for each hour the employee failed to work, unless they find coverage for time. The Rules Governing Shift Exchanges and Procedures under Sections 18.8 and 18.3 respectively will apply to this Section. Employees taking incremental leave of twelve (12) hours ortess under this Section will not count towards the maximum number of employees allowed off per day per Division on Vacation. 46 Agenda Itemt~- MAR 0 Section 14.5 - Vacation Pay Upon Separation Employees who are separated for any reason will be paid for accrued but unused hours, not to exceed 320 hours, at the employee's rate of pay at the time of separation. Section 14.6 - Vacation Leave During Holiday Periods No employee shall be granted vacation leave during the same holiday period in two consecutive years, unless no other employee in that employee's Division requests vacation for the same period the second year. For the purposes of this Section, holiday periods shall be defined as follows: HOLIDAY VACATION PERIOD INCLUDED IN THIS SECTION Fourth of July July 1st through July 7th Thanksgiving 4th Tuesday in November through the 4th Sunday in November Christmas December 21st through December 28th New Year's December 29th through January 2nd Employees who are granted vacation leave during one of the periods listed above will not be granted vacation leave in the same period in the following year, unless no one requests the shift during the annual vacation request period, then thc process becomes first come first served. Section 14.7 - Shift Changes Employees who are required to change shifts by the County and who have been approved for vacation leave prior to the change of shift, will be granted the same time frame for vacation leave on their new shift. Vacation leave will be honored even if granting the leave causes more employees to be offfor that period than is allowed in Section 14.3. Employees who are granted a shift exchange at the employee's request who had been approved for vacation leave prior to the change in shift will be granted the same time frame on their new shift, provided there is a vacation slot(s) available. !~ Agen d.a Ite/~ · MAR 0§ 00 Section 14.8 - Use of Vacation for Sick Leave In addition to scheduled use under Section 14.3, with the prior approval of the Emergency Medical Services Director or designee, accrued vacation leave may be used for uncovered portions of sick leave if all sick leave has been exhausted. Section 14.9 - Non-Scheduled Vacation Request A. Employees who submit requests for vacation outside the provisions of Article 14.2 shall be granted vacation on a first-come, first-served basis, subject to the limitations of Section 14.3. Employees shall be considered "locked in" for dates requested outside the provisions of Article 14.2 on the date the Battalion Chief approves the vacation request form. The employee will be given a copy of the approval upon request. The Battalion Chief shall return the signed employee copy of the vacation request to the employee to confirm the vacation approval within a reasonable time after receipt of the request form. Requests under this Section must be received fourteen (14) days prior to the beginning of the shift for which the employee is requesting vacation. Any requests less than fourteen (14) days shall be approved by the employee's Division Chief or designees. B. Employees who experience last minute personal situations that require immediate attention may, with the approval of their Battalion Chief, utilize vacation time to handle the situation. Such approval may not exceed eight (8) hours in length and must be taken in minimum one-hour increments. Battalion Chiefs may, at their discretion, require proof fi:om the employee of the need for the last-minute vacation leave upon the employee returning to work. Section 14.10 - Change in Schedule Employees who are moved fi:om a forty (40) hour per week schedule to a fifty-sifC~n~i'mna~ [? '- -'A-gl)~i-da I tgm per week schedule, ~d vice vem~ shall have their accrual rate for vacation leave ho~s adj[~fcd/ either up or down as listed above, beginning with the first work day on the new schedule. All accrued vacation hours earned and not yet used prior to the date of the shift change shall remain intact, unadjusted and available for the employee to use on an hour-for-hour basis per the guidelines of this Article. Section 14.11 - Vacation as Time Worked Time off on vacation leave will count as time worked for overtime purposes. Section 14.12 - Vacation Sell-Back Twice each year, during the months of June and December, employees shall be allowed to sell to the County accrued vacation hours. The employee may sell back a maximum of 80 hours of vacation leave per year and the employee shall be paid hour-for-hour at 85% of the employee's hourly rate at the time of the sell-back. Employees utilizing this provision must sell a minimum of 20 hours and must retain a minimum of 80 hours of vacation leave. Section 14.13 -Coun ,ty Policy The County Administrative Procedure regarding vacation leave, holidays and all other leave, whether paid or unpaid, is not applicable to employees covered by this Agreement. 49 Agend~ t AR ARTICLE 15 LEAVES OF ABSENCE Section 15.1 - Leave of Absence Upon written request from an employee and recommendation from the Emergency Medical Services Director, the County, in its sole discretion, may grant a leave of absence, without pay, to regular, full-time employees for a maximum of three (3) months. The leave may be extended for up to an additional three (3) months. Leave without pay will not be granted unless the employee has exhausted his/her vacation leave and compensatory time and, where appropriate, sick leave. No employee can work for another employer while on leave of absence from the County. Temporary and part-time employees are not eligible for leaves of absence under this Article. Section 15.2 - Purpose Such leaves are intended to be granted only for temporary disability, health, parental, education, military service or extenuating and extraordinary personal reasons. Section 15.3 - No Benefit Accruals Other than retaining the original date of hire, and except as otherwise provided by law, no benefits, including sick and vacation leave accrual, will accumulate during unpaid leaves of absence. Section 15.4 - Insurance Benefits Other than leave under the Family Medical Leave Act ("FMLA") or as otherwise provided by law, if a leave of absence is granted, an employee's insurance benefits will becont~nue~' · ......... Ull'2~tSn[~ MAR o 9 employee remits to the County the total premium amount monthly that represents both the employee's and the County's share for insurance. The employee will be advised of the amount and date premiums are due. Insurance premiums for continuation of employee and dependent coverage for employees on leave under the FMLA will be paid by the employee and County consistent with the Act. Section 15.5 - Return from Leave When the term of the leave of absence expires, the employee shall be reinstated to his/her original position when the vacancy for that position comes available, if the employee complies with and meets all current requirements for the position. This may include practical and written testing as required by the County at its discretion and any other credentials or licenses, which may be required. Reinstatement following leave under the FMLA will be in accordance with the law, and the County retains the right to require returning employees to take any medical or other tests permitted by the FMLA. Employees returning from FMLA leave must meet the certification and license requirements and the testing required by the Emergency Medical Service Medical Director. Section 15.6 - Family Medical Leave Act {"FMLA") Leave Employees will be eligible for leave without pay under the FMLA as provided in that Act and regulations adopted there under. A notice advising employees of leave availability under the FMLA will be posted with other official County postings. Employees using leave under the FMLA for his/her own serious health condition must first exhaust available sick leave prior to going on leave without pay, unless the absence is covered by the County's disability or worker's compensation insurance, in which event only vacation leave may be used. Employees taking leave fo~~ birth or adoption of a child beyond that which the employee's doctor considers medically necessary must use accrued vacation leave prior to going on leave without pay. Employees using leave under the FMLA to care for a child, spouse or parent as required by the Act must use all accrued vacation leave prior to taking leave without pay. If the FMLA is used concurrently, the employee will have the right to exhaust all other leave prior to the County considering termination. Section 15.7 - Compensation During Job-Related Injury, Any employee with a job-related injury or illness will be eligible for workers' compensation based on applicable state law. The employee's workers compensation payments may be supplemented as provided by County policy. Section 15.8 -Temporary, Assignment/Off DuW In,iury or Illness An employee temporarily disabled as a result of a job or non-job related injury or illness who is released by the treating physician for restricted duty may be offered restricted duty by the County consistent with the physician's limitations. If offered, the employee must accept the restricted duty as a condition of continued employment. The County will determine the restricted duty to be offered and the length of the restricted duty assignment, which will not exceed the time when the employee reaches maximum medical improvement. Employees on temporary assigmnent will be paid their regular pre-injury straight time hourly rate for all hours worked, and may use sick leave and then vacation leave to supplement so that the employee receives their regular, pre-injury/illness pay. Section 15.9 - Referral To County. Physician The County reserves the right to seek, at the County's expense, an indepen~'ht n~--~'~-"-'-! 52 opinion to the maximum extent permitted by the workers' compensation law, Family Medical Leave Act or Americans with Disabilities Act, as applicable. Section 15.10 - Administrative Leave The County reserves the right, at its sole discretion, to grant Administrative Leave with pay to allow employees to serve and train for such things as job-related Search and Rescue Teams, Disaster Response Teams; or in other situations as the County deems appropriate. If paid, the leave will be counted as time worked for overtime purposes. Administrative Leave may also be utilized if otherwise consistent with County policy. Section 15.11 - Count, Policy The County Administrative Procedures regarding leaves of absence will not apply to employees covered by this Agreement, except as specifically provided in this Article. 53 MAR 200 J ARTICLE 16 BEREAVEMENT/JURY DUTY/WITNESS DUTY Section 16.1 - Bereavement A regular full-time employee may be granted, upon request, up to twenty-four (24) hours of bereavement leave with pay, due to the death in his/her immediate family. "Immediate family" shall mean father, mother, brother, sister, wife, husband, son, daughter, father-in-law, mother-in-law, stepfather, stepmother, stepson, stepdaughter, grandfather, grandmother, grandchildren, foster child, brother-in-law, sister-in-law, aunt, uncle, niece or nephew or other close relatives living with the employee.. Leave in excess of the leave under this Section may be granted and, if granted, will be charged to the employee's accrued vacation leave or compensatory leave. If accrued vacation leave, or compensatory leave is not available, additional leave granted will be without pay. Employees with no available vacation or compensatory leave may also request leave through the sick leave bank process. In the event of an emergency illness of any of the above family members, the employee may take seventy-two (72) hours of emergency leave for serious illness or injury from their vacation leave with the approval of the Director or designee. The County reserves the fight to require proof of relationship for use of bereavement leave. Section 16.2 - Jury, DuW. When a regular employee is required to serve on jury duty, the employee shall be relieved of responsibility for his or her regular work shift and the County shall pay the employee the amount that would have been received at the employee's regular straight-time rate of pay had the employee worked the employee's regular work shift. All employees who are required to se~g-.~. ] I"]AR 0 9 209t, shall report to their supervisor that they have been subpoenaed for jury duty within twenty-four (24) hours of receiving notice, when possible, but in no event later than the beginning of the next work shift. When an employee is released or is excused from jury duty for the remainder of a workday or permanently, the employee shall, as soon as possible, notify his or her supervisor of availability for work. Payments received by the employee for jury duty, except for meals, travel and lodging expenses, shall be endorsed to the County. Section 16.3 - Witness Du~, Any employee who, upon the request by and for the benefit of the County, is subpoenaed to any court proceeding involving the County, or is subpoenaed to appear in court in a civil or criminal matter in which the employee is not personally or monetarily interested, or is subpoenaed to appear for deposition in any matter related to their job duties with the County, shall be paid one and one-half (1 1/2) times his or her rate of pay for each hour spent off-duty in serving as a witness in trial or deposition. Payments received by the employee for witness duty, except for meals, travel and lodging expenses, shall be endorsed to the County. Court proceedings means an appearance in court; it does not include any other appearance before any other tribunal, except for appearances on behalf of the County which arise out of the performance of duties as a Collier County EMS employee. An employee who appears in Court as a plaintiff, defendant or witness due to personal litigation will use accrued vacation leave or, if not available, will be on leave without pay. Section 16.4 - Time Worked Paid court appearance leaves and depositions under this Article will be considered time worked for overtime purposes. 55 Section 16.5 - County Policy The County Administrative Procedures regarding Bereavement, Jury Duty, Witness Duty and Court Leave will not apply to employees covered by this Agreement. Section 16.6 -Part-Time Employees Except as provided under Section 16.3, part-time employees are not eligible for leave under this Article. 56 MAR 0 ARTICLE 17 MILITARY LEAVE Section 17.1 -Reserve and National Guard Trainin? A regular full-time employee who is a member of the United States Armed Forces, Reserves or the National Guard, and who is ordered to engage in annual field training shall, upon presentation ora copy of the official orders, be granted leave with pay to the extent required by state statute. Such leave with pay shall not exceed seventeen (17) working days in any calendar year. An employee may not use any accrued vacation or personal leave while receiving paid military leave. Exceptions to the above may be approved by the County Manager. Section 17.2 - Recall to Active Military Du,ty Any regular full-time employee who is a member of an Armed Forces Reserve Unit or the National Guard, who is ordered to active duty, will be granted a military leave of absence with pay for the first thirty (30) working days. Beyond the thirty (30) day period, the County will supplement the military pay in an amount necessary to bring the total salary, inclusive of the base military pay, to the level earned at the time the employee was called to active duty, for a period of ninety (90) days. The County will continue to maintain the employee in full benefits status for the time flame specified above. Section 17.3 - Induction or Enlistment into Military Service Any regular full-time employee, who enlists or is inducted into the armed services for active duty, shall be granted a military leave of absence without pay for the initial period ofenti's'~e.a~e~i~ It - i Mt R 0 § pay due the employee shall be paid at the time of the employee's separation from the County in accordance with applicable County policies. Section 17.4 - Reinstatement Upon discharge from active military service, an employee who wishes to return to County employment shall be reinstated in accordance with current federal regulations. 58 t AR 0 9 ARTICLE 18 SHIFT EXCHANGE Section 18.1 - Rules Governing Shift Exchanges The trading of time between regular full-time employees will be permitted in accordance with the following provisions: A. All exchanges will be as follows: EMT or non credentialed Paramedic for EMT or non-credentialed Paramedic Credentialed Paramedic for Credentialed Paramedic Lieutenant for Lieutenant Pilot for Pilot Special Operations employee for Special Operations employee provided that the employee covering the shift has the necessary Special Operations qualifications required to fill the missing employee's assignment for that shift. B. All exchanges must be requested in writing on the EMS shift exchange request form. C. Employees are prohibited from paying another employee to work any portion of their shift. Only exchanges of time will be permitted. D. Shift exchanges will be repaid within one (1) year of thc original exchange. E. No employee may be scheduled to be on duty for more than fifty (50) consecutive hours, except during an emergency recall of personnel. F. Employees will be responsible for all record keeping of exchanges as permitted by the Fair Labor Standards Act. G. Shift exchanges for employees reporting late for work will not be permitted. H. Employees who realize that they may be late to a second station as the result of a shift exchange are obligated to arrange coverage with another 59 insure they can get to their second station on time (barring a late call)(i.e, arranging someone to relieve the employee early at the station they are leaving OR arranging an employee to hold over at the second station the employee has arranged to work on the double shift.) Employees who hold over or come in early to accommodate an employee who is on a double shift as the result of a swap, shall not be eligible for overtime compensation for any time spent unless it is the result of a late call that was dispatched prior to the end of their shift. Once these arrangements have been made for coverage, the Battalion Chief will be notified. Any gaps in staffing that result from employees involved in the coverage being reassigned to new stations will be paid as overtime by the County. Section 18.2 - Number Allowed A. Employees in all of these classifications may exchange shifts as long as they are not out for more than 20 consecutive shifts without the EMS Director's approval for personal purposes. Partial shift exchanges shall not count against the maximum exchanges permitted per year or per month. Employees in all of these classifications may exchange unlimited shifts for educational purposes if the education being sought is job-related (i.e., Paramedic, Nursing, Firefighting, Public Administration, Management, Business administration, Health & Safety, Labor Relations, & EMS). B. Employees may exchange unlimited shifts for maternity or adoption within twelve (12) weeks prior to the scheduled birth and during the twelve (12) weeks following the birth of the child. Employees may exchange unlimited shifts for patemity or adoption during the twelve (12) weeks following the birth of the child. Maternity and paternity shift swaps under this Section will be charged to the employee's Family Medical Leave Act ("FMLA") entitlement. 60 Agenc~ It~ MAR 0 Section 18.3 - Procedure Exchange requests must be submitted on the County form forty-eight (48) hours in advance provided that all signatures are on the form. conducted in an electronic format. STEPS FOR APPROVAL: 1. The employee wishing the substitution. 2. The employee agreeing to substitute. 3. The supervisor receiving the request. 4. Return receipt to requesting parties. When an electronic format is available, swaps will be The right to shift swap may be withheld for training reasons, or if one of the employees involved in the exchange is rated as "below standards" at the time the exchange is requested. Off duty management will not be called in to gain approvals, nor is a phone approval by any management official allowable. Section 18.4 -Exchanges Involving Promotions County certified employees who are promoted to a classification outside their current ability to exchange shit, s and who are owed exchange shit, s from employees in previous classifications. must get exchange shifts paid back within sixty (60) days of the promotion or forfeit the return exchange. Section 18.5 - No Substitution Absent a personal illness which requires the employee to be absent, an employee scheduled to work an exchange is not eligible for any type of leave in lieu of the exchange. Emplolt~m~gtto work an approved shift exchange due to an illness will be charged one hour of vacation leave for each hour the employee failed to work. The employee needs to provide proof of illness. If an employee does not show up for work they will be charged one and one half(1 ½) hours of vacation time. In unusual circumstances, such as workman's compensation, bereavement, or other circumstances, the EMS Director may waive the hourly charge. Section 18.6 - Monetary Loss The County will not be responsible for any monetary loss incurred by any employee due to the failure of an employee to pay back shift exchange time for any reason. If an employee quits or is terminated and owes a shift exchange(s), the employee regularly scheduled to work will work, or arrange for another shift exchange. 62 ARTICLE 19 HOLIDAYS Section 19.1 - Holiday Pay Regular full-time employees assigned to a 12-hour or 24-hour schedule will receive 12 hours of straight time pay for each of the following holidays: · New Years Day · Dr. Martin Luther King's Birthday · President's Day · Memorial Day · Independence Day · Labor Day · Veteran's Day · Thanksgiving Day · Day after Thanksgiving · Christmas Eve · Christmas Day In addition to the days listed above, bargaining unit employees shall also be granted appropriate pay for any other day declared a holiday by the County Commission. If less than a full day is granted as a holiday, the bargaining unit shall receive a pro-rata amount as holiday pay. Section 19.2 - Receipt of Pay The holiday pay will be included with the normal paycheck for the period which included the holiday. Section 19.3 - Holidays/40 Hour Week Employees working a 40-hour work week who are scheduled to work one of the designed holidays above shall be granted the day off with pay. 63 The County reserves the righ!?~ I t~ra ' employees working 40-hour work weeks to work on a designated holiday. Forty hour employees who are required to work on a designated holiday shall be paid eight hours holiday pay, plus time and one-half(1 Va) their current hourly rate for all hours worked. Holidays will be celebrated on the date designated as the holiday by the County Commission. 64 i~ NO._ ,/0 ARTICLE 20 RATES OF PAY Section 20.1 - Minimum and Maximum Rates of Pay Market Minimum Point Maximum Part-time EMT: $8.744/hr N/A $13.4688/111' Full-time EMT $9.7557/hr $11.7924/hr $14.8498/hr ($32,467/yr) ($49,420/yr) Paramedic: $11.8776/hr $13.3984/hr $16.6848/hr ($39,529/yr) ($55,527/yr) Lieutenant: $13.0285/hr $15.6662/hr $19.5087/hr ($43,359/yr) ($64,925/yr) Helicopter Pilot: $23.5043/hr $29.0173/hr $36.1351/hr ($48,889/yr) ($75,161/yr) Lump Sum Merit Point N/A $12.9715/hr $14.7383/hr $17.2326/hr $31.9192/hr Section 20.2 - Incentive Pay A. Any employees qualified to be Special Operations after the date of ratification of this Agreement will receive a two and one-half percent (2.5%) incentive on their hourly rate for the first assignment and two and one-half percent (2.5%) for each additional assignment, not to exceed a total often percent (10%). Special Operations includes, but is not limited to, ALS Engine Program, Flight Medic, or SORT Team. Any employee meeting the qualifications for ALS Engine, Flight Medic, or Special Operations will be placed on an eligibility list based on pre-set written criteria as established by the EMS Labor and Management Team. These employees will receive an additional compensation of one and one-half(I- 1/2) times their normal hourly rate for one hour per twenty-four (24) shift when actually working in the above assignments. B. To be assigned to Special Operations, the employee must hold the certifications and meet the qualifications for the assignment as identified in the Career Progression M4~ hereinafter provided, an employee may reject Special Operations assignment or, it~ass_ig~'~ request removal from Special Operations assignment. If the County has paid for the training to qualify for Special Operations, the employee may not reject or withdraw from a Special Operations assignment. C. The County may end an employee's Special Operations assignment based on performance, loss of a required certification, quality assurance or disciplinary issues, or upon a reduction in or the elimination of a program. D. If the County paid for the training for Special Operations and the employee leaves the county for voluntarily within twenty-four (24) months of the date the training was completed, the employee will be required to reimburse the County. Section 20.3 - Future Increases. A. Upon ratification of this contract, and retroactive to December 27, 2003, employees will receive a COLA and merit increase in the same method as provided for all other County employees, excluding the Paramedic position which received their pay adjustments in April, 2003, and Paramedic and EMT positions hired after April 1, 2003. Effective the beginning of the first full pay period for the 2004-2005 and 2005-2006 contract years, all bargaining unit members shall receive all future increases in the same method as all other County employees. B. If an employee disagrees with their evaluation in the employee comment section, the investigate the issues using the Human Resources and the Division Administrator agrees to Department Director as a resource. C. The County agrees to conduct annual salary surveys to ascertain pay in the marketplace for all comparable positions listed in the bargaining unit. The salary surveys will be based upon, but not limited to, the following measures: a. Similar population to Collier County; ~gend,~._~.~It~ b. Similar number of calls per unit; c. Similar type of programs (Special programs) and positions (EMS and Helicopter Pilots). Upon ratification of this contract agreement, the County agrees to conduct at the earliest date practical a salary survey for pilots. Section 20.4 - Maximum Pa.y No employee will exceed the maximum for the classification, as identified in Section 20.1, including any and all incentives and the Career Progression Matrix. Section 20.5 - Field Training, Lieutenants who are assigned as Field Training Officer (F.T.O.) must hold the certifications and qualifications for the assignment as identified in the Career Progression Matrix and require approval of the County Medical Director. Any employees assigned to an F.T.O. after the date of ratification of this contract will receive a two and one-half percent (2 ½%) incentive on their hourly rate. These employees shall receive additional compensation of one and one half(I-I/2) times their normal hourly rate for one hour each twenty-four (24) shift they work when actually training a Paramedic for County Certification. Section 20.6 - Service Awards Bargaining unit employees shall be entitled to participate in and receive all benefits (whether monetary or otherwise) of any longevity of service or other employee recognition and reward program that is provided to all other County employees. The rights of bargaining ~it members in this regard will be no different than those of all other County employees. 67 i Pa, Section 20.7 - Working with Fire Department Personnel Employees who work on a Collier County EMS ambulance with a fire department employee, shall receive additional compensation of one and one half (1- ½) times their hourly rate for one (1) hour for each twenty-four (24) shift they work. Section 20.8 - Employees Currently Receiving Pay Incentives Employees, who are currently receiving incentive pay for Special Operations, or training, shall have the choice of continuing to receive their current incentives as long as they continue to participate in their respective programs. Should this "grand fathered" employee choose to do so, they can revert to the Career Progression Matrix form of compensation. Section 20.9 - Special Wage Adjustments The County agrees that all future "special wage adjustments" proposed for members of the bargaining unit will first be noticed to the Union so that negotiations on these adjustments can be scheduled and conducted. As a matter of saving time in these situations, the Union and County agree that should negotiations on special wage adjustments fail to reach a final agreement satisfactory to both parties, the matter will be subject to the statutory impasse procedures provided that the Special Master step of the impasse procedure will be waived. In these cases where agreement cannot be reached on proposed special wage adjustments and impasse is declared by one side or the other, the matter will bc put before the Board of County Commissioners in a public hearing for resolution. If submitted to the Board, the Union shall have the right to submit its position in writing to the Board, and both parties may make an oral presentation no longer than five (5) minutes. Furthermore, the County shall have the right to withdraw its request for a special pay adjustment at any time prior to Board resolution. 68 MAR 0 g ZOO,t, ARTICLE 21 BENEFIT OPTION PLAN Section 21.1 - Coverage All bargaining unit employees shall be eligible to participate in the Collier County Group Benefit Option Plan subject to the terms and conditions of the Plan as adopted by the Board of County Commissioners and as may be amended by the Board of County Commissioners fi.om time to time. Employees shall also be subject to the same premium levels and payroll contribution requirements as may be adopted by the Board of County Commissioners for non-represented, non- exempt employees. The parties agree that, if there is any change in benefits, premium levels, or payroll contribution requirements, those changes will be applicable to bargaining unit employees to the extent they are applicable to other non-exempt employees of the County. The County agrees to bargain over the impact of any changes prior to implementation. Section 21.2 - Summary Attached A summary of the Benefits Option Plan will be given to each employee when hired; when the plan changes; and upon request. Section 21.3 - Formula for Benefita Employees benefits for health insurance, short and long term disability, and life insurance will be based upon the formula of hourly rate X 3328 hours. 69 Section 21.4 - Pre-Tax Deduction Employees shall continue to be permitted to participate in the current County IRS 125 plan that allows certain insurance and benefit costs paid by the employee to be taken out and paid "pre-tax." Section 21.5 - Federal Disabili ,W Benefit In the event an employee should receive an on-duty injury/illness which qualifies them for Federal disability benefits, or die in the line of duty, the County agrees to work closely with the employee's family and the Union in an effort to secure any and all benefits available under the Department of Justice Public Safety Officer Death/Disability Benefit. 70 ARTICLE 22 RETIREMENT PLAN Section 22.1 - EligibiliW During the term of this Agreement, eligible employees shall continue to participate in the Florida Retirement System. Section 22.2 - Contributions The County will contribute as required by the provisions of the Plan on behalf of full-time and part-time employees. Section 22.3 - Other Deferred Plans The County agrees to continue to provide employees an option to participate in the National Association of Counties ("NACO") or the International City and County Management Association ("ICMA") Deferred Compensation plans as currently offered. If either or both are stopped or modified for all other County employees, the same change will affect the bargaining unit. If an additional plan is offered to all other County employees, it will also be offered to the bargaining unit. Employees participating in these programs or other deferred compensation plans shall have access to held funds under the rules and guidelines established by the Plan Administrator and the Internal Revenue Service. Both the County and the employee will be bound by the decision of the Plan Administrator. 71 ARTICLE 23 TUITION REIMBURSEMENT Section 23.1 -Tuition Policy The County will continue the current tuition reimbursement guideline as outlined in the County's Human Resources Handbook. Section 23.2 - County Provided Training Full-time employees who enroll in and are accepted to attend Minimum Standards Fire Training in either Lee or Collier Counties shall have all costs associated with tuition, registration, books and fees paid by the County. In return, all employees who become certified Firefighters to participate on the ALS Engine for a minimum of twenty-four months (24) months. If the employee leaves the ALS engine program voluntarily after two (2) years for any reason, other than injury, they agree to give up their incentive pay for the ALS engine program. Current employees participating in the ALS engine program will be able to count their past time on the ALS engine towards their twenty-four month requirement. In the event the employee voluntarily leaves their employment with Collier County within two (2) years of course completion, or fails to become certified as a Firefighter following the minimum standards training, or wishes to leave the program the employee shall reimburse the County all of the above costs. Said reimbursement shall be made in twenty-five percent (25%) increments taken through payroll deduction from the next four (4) pay periods or from the employee's £~nal paycheck. 72 Section 23.3 - Tuition Reimbursement/Current EMTs Current EMT's shall have all costs associated with tuition, registration, books and fees for the Paramedic Program and required prerequisites paid by the County. In the event the employee voluntarily leaves their employment with Collier County within two (2) years of course completion, or fails to become State Certified, the employee shall reimburse the County all of the above costs. The reimbursement will be taken in allowable deductions from the next four pay periods or from the employee's final paycheck. 73 ARTICLE 24 OUTSIDE ACTIVITIES Section 24.1 - Conduct Employees shall at all times bear in mind that they are seen by the general public, while off duty as well as on duty, as personnel of the County and shall at all times conduct themselves in a manner so as to bring no discredit or unfavorable publicity to the County. Section 24.2 - Outside Employment Employees accepting employment with any other employer while employed by the County shall do so only so long as the employment is not a conflict of interest. If an employee has outside employment, the employee's primary obligation shall continue to be to the County and he/she shall arrange affairs accordingly. Before accepting outside employment of any kind, the employee must give a written notification to the Emergency Medical Services Director, advising the County of the name, address and telephone number of the outside employer, and the nature of work performed. Outside employment must not prevent the employee from being mentally and physically able to work when the employee reports for duty with the County. 74 ARTICLE 25 BULLETIN BOARD SPACE The Union may provide a bulletin board at its expense not to exceed 2 fi. by 3 fi. Postings on the Union bulletin board will be restricted to: 1. Notices of Union meetings; 2. Notices of Union elections and results of elections; 3. Notices of Union recreational and social affairs; and 4. Notices of Union appointments and other official Union business. Such bulletin boards shall not be utilized by Collier County for posting of any material. All notices shall be signed by an officer of the Union before they are posted. No materials, notices or announcements shall be posted which contain anything of a controversial nature and which adversely reflects upon Collier County or Collier County Emergency Medical Services, the elected officials of Collier County or any Collier County employees. 75 ARTICLE 26 UNION BUSINESS AND UNION TIME BANK Section 26.1 - Establishment The County agrees to establish a Union Time Bank upon the ratification of this Agreement. Union members agree to contribute four (4) hours of accrued vacation leave time to the Union Time Bank on the first pay period in January. Section 26.2 - Use for Union Business The District 14 Vice President and/or his/her designees, may use hours from the Union Time Bank to attend regular monthly Union meetings, negotiation sessions, conventions and for other required Union business. If granted, leave shall be taken on an hour-for-hour basis. It shall be allowed when requested at least 72 hours in advance in writing to the appropriate EMS Battalion Chief or designee. Union Bank time, when utilized, shall be counted as productive hours for the purpose of overtime calculation. There shall be a limit to the number of employees who may use the Union Time Bank at any one time, limited to the number of slots available under Article 14 Section 14.3. Section 26.3- Use to Attend Committees Any District 14 member elected as a delegate or Altemate to attend a convention shall also be permitted to use hours from the Union Time Bank to attend those conventions. The leave shall be taken on an hour-for-hour basis and shall be granted when requested two (2) weeks in advance, exceptions may be made on a case-by-case basis. 76 Section 26.4 - No Use After Bank Exhausted Leaves as listed above shall be granted from the Union Time Bank so long as hours remain in the Bank each calendar year. Once hours in the Bank are exhausted to zero, no leave shall be granted from the Union Time Bank until contributions are made to the Bank next January. It shall be the responsibility of the District 14 Vice-President to maintain a Union Time Bank log. Section 26.5 - Swap Time If no time remains in the Union Time Bank, the District 14 Vice President shall be allowed unlimited swap time for District 14 Union business directly related to Collier County. The County reserves the right to verify the Union business. The employee must attend all on-duty training, and must otherwise comply with all requirements of Article 18. Section 26.6 - Meeting Room The members of Local 1826, District 14, Collier County EMS, shall be granted space within the Collier County Government Complex or on other County-owned property to conduct membership meetings as needed, to the same extent those rooms are made available for other not- for-profit organizations. The Union will contact the Department responsible for the requested room to make arrangements for its use. There will be no Union meetings in EMS work areas. Section 26.7- Orientation Presentation The Union shall be provided one (1) hour of time after one of the normally scheduled days at the Training Academy. This orientation will be after hours and on the employee's own time. 77 ARTICLE 27 UNIFORMS AND EQUIPMENT Section 27.1 - Items Supplied by County, The County shall furnish all new full-time and part-time employees in job classifications Emergency Medical Technician, Paramedic, EMS Lieutenant, Paramedic-Firefighter, and Lieutenant Firefighter uniforms as set forth below: · Four (4) pair uniform pants · Two (2) uniform shirts · Two (2) Polo style uniform shirts (may be ordered if employee is not over their uniform allowance) · One (1) winter jacket · One (1) pair boots · One (1) leather Velcro style no buckle belt · One (l) badge · One (1) Name Tag/Collar Brass · Two (2) JumpsuitsI (see below) · Six (6) t-shirts2 (see below) · One (1) accountability name tag system · Four (4) pair uniform shorts2 (see below) · NFPA-approved PPE as required · Employee shall be supplied ink pens for use in completing necessary paperwork Section 27.2 - Use Requirement Employees are required to use all issued equipment, uniforms and boots as defined by SOP or general order and report to work in a clean and neat appearance. Employees must also report to work with a watch that contains a second counter. ~ Four (4) appropriate flight jumpsuits and one (1) flight helmet for employees assigned to Helicopter Operations. Pilots will be issued lightweight shoes/boots in lieu of the NFPA Safety Boots listed above, or may be given a shoe allowance to purchase Risk Management-approved black shoes. Pilots will also be provided with t-shirts, shorts and a winter jacket. 2 Eight (8) t-shirts total and four (4) pairs of uniform shorts for employees ALS Engine Program. i. ~,a.. ~ .... Personnel pagers and cell phones, if wom or carded while on duty, must be operated in the silent/vibrate mode and under no circumstances shall the phones be answered while on a call or utilized on a call unless the use has to do with patient care. Employees may not use their cell phones while driving a County vehicle. Other than going to and from work, uniforms cannot be worn off duty. Section 27.3 - Replacement The employees in the above classification(s) shall be provided regular replacement of uniforms as needed. Employees requesting equipment replacement may be required to exchange their old equipment in order to get it replaced. Employees may be required to pay for lost uniforms. Employees may also be required to pay or suffer discipline if equipment they are assigned is lost or damaged through intentional misuse, neglect, or abuse. Employees in need of maternity uniforms shall be supplied two uniforms as needed at no cost. Jumpsuits and personal protective equipment will be supplied if it is available in supply. Section 27.4- Additional Uniforms A. Employees shall always be permitted to purchase additional approved uniforms as outlined in this Article from a supplier selected by the County, if the employee requires or desires uniforms in excess of those provided in this Article. B. The County will approve a lightweight jacket and cap. Employees may purchase the jacket and/or cap at their option and cost. 79 Section 27.5 - Cold Weather In extremely cold weather, employees shall be permitted to supplement their uniforms with long underwear bottoms, long sleeved shirts, turtle neck shirts, and sweat shirts. All items will be in navy blue, powder blue, grey, or white. Section 27.6 - Jewelry. Jewelry shall be permitted provided that visible items are in good taste and do not interfere with the employee's ability to provide patient care and does not create a safety hazard. Employees will be allowed to wear a necklace provided that it is tucked into their shirt. No visible piercing shall be permitted. Section 27.7 - Groomin~ Employees will maintain their hair in a clean and groomed condition. Employees who choose to have long hair shall keep it pulled back when responding to a call or when involved in patient care so as to prevent it from falling into an employee's face/eyes. Sideburns are permitted, not to exceed middle of ear length. Employees will be clean-shaven on duty. A mustache that does not come between the sealing surface of the face piece of the respirator and the face is permissible. Employees will keep their nails neat and well groomed to a length that will not interfere with their ability to safely perform their job. Nail polish may be worn, with the exception of black. Section 27.8 - Standard Operating Procedures and Protocols The County agrees to issue each employee, a current copy of the following documents: Collier County Public Safety/EMS Standard Operation Procedure Manual; a~? No.~._.~ Medical Support Protocol (EMT's, Paramedics and Lieutenants). i ~ 0 ~ 80 · The complete copy of the most recent collective bargaining agreement will be provided on the Intra-web. Section 27.9 - Bio Hazard Protocol Employees tuming in uniforms for cleaning or disposal in accordance with the County Bio Hazard Protocol shall have the uniform replaced or returned within a reasonable time frame. If uniforms are being cleaned the employee can get a loaner uniform from supply. Section 27.10 - Additional Equipment/Certified Firefillhters All employees certified as Firefighters and assigned to the ALS Engine Program shall receive the following protective equipment in addition to other uniforms and equipment outlined earlier in this Article. 1. One (1) properly sized individual issue SCBA face piece with prescription eyeglass insert and lenses, if required. 2. One (1) SCBA (not individual issue but shall be provided only when the employee is assigned to firefighting duties). 3. Any other equipment regularly assigned to Firefighters assigned to suppression operations in the Fire Department where the EMS employee is assigned (i.e., rescue webbing, safety goggles, spanner wrenches, etc.). Section 27.11 - Clothing in Quarters Between dusk and 8:30 a.m., employees in quarters awaiting call shall be permitted to wear ~ · · Agenda_ County issue uniform shorts, County issue uniform t-shirts and casual footwear at a ~nms~a.~ addition, when employees are working out or washing or waxing or cleaning the vehicle, uniform shorts and t-shirts are permitted but the employee must be in dress uniform when responding to a call. When responding to a call between 5:30 p.m. and 8:30 a.m., employees will be in the jumpsuit. Employees may also wear their jumpsuit when their second day uniform has been contaminated. 82 ARTICLE 28 MISCELLANEOUS Section 28.1 - Parkine The County will continue the current practice of providing parking within defined parking spaces. It may be necessary to move cars after the beginning of the shift. No parking of private vehicles in station bays will be allowed. No maintenance, o£personal vehicles shall occur on County property, regardless of whether or not an employee is on or off duty. Section 28.2 - Work Duties Unless assigned duties, employees may rest, sleep, watch TV, etc., between the hours o£ 1200hfs and 0700 hrs. During the hours o£ 0830 and noon, employees should perform assigned vehicle/station duties, zone familiarization, study medical/operational protocols, or community events. Radios will be monitored between 0700hfs and 2130hrs. Section 28.3 - Computers EMS/County computers will only be used for County business. Personal computers may not use County phone lines. Section 28.4 - Residency Requirements Due to the emergency response nature of the services provided, employees must live within Collier County or within sixty-five (65) nautical miles of Headquarters. Employees have nine (9) ! Ager~d~ I t e/h) months from their initial hire date to comply with this section. ,~ ~Io, /'o___.L~ i Section 28.5 - TV/VCR Between 0700hfs and 1200hfs the EMS provided or personal television and VCR may only be used for work-related purposes or to watch news channels. Between 1200hrs and 0700hfs the EMS provided or personal television and VCR may be used for non-work related purposes, subject to assignment of work duties under Section 28.2 and emergency response. Section 28.6 - Station Visits Family members and friends are only permitted to visit employees at their duty stations between 1200hrs and 2000hrs, for a maximum of two (2) hours. Family members and friends are not allowed to remain at the stations when the EMS employee is not at the station. Section 28.7 - Use of Telephone Except as hereinafter provided, EMS telephone lines are for business use only: A. Absent unusual circumstances, such as an illness in the family, calls will be limited to three (3) per shift, limited to fifteen (15) minutes per call. B. Long distance telephone calls (long distance calls preceded by a "1" except for 1-800 or 1-866 toll free type numbers) may not be charged to the County. Section 28.8 - Other No pornographic material may be possessed or viewed on County property. Section 28.9 - Electronic Media Nothing in this Agreement will prohibit the County from eliminating paperwork and using electronic media. 84 ARTICLE 29 HEALTH AND SAFETY Section 29.1 - Health/Safety Cooperation The County agrees to provide reasonable standards of safety and health in the Emergency Medical Services Department in order to eliminate accidents, deaths, injuries and illnesses in the Department. Health and safety is a joint responsibility; therefore, employees must follow all safety standards and utilize all safety equipment provided. Section 29.2 - Presumptions Employees who suffer any condition or impairment of health caused by any of the following conditions shall be rebuttably presumed to have been by accidental means and to have been suffered in the line of duty, unless the contrary can be shown by satisfactory evidence by the County: · Hepatitis A; · Hepatitis B; · Hepatitis Non-A; · Hepatitis Non-B; · Pulmonary Tuberculosis; or · Meningococcal Meningitis Section 29.3 - Employee Assistance Program The County will provide an Employee Assistance Program with coverage consistent with the program provided for other County employees. All information relative to an employee's participation will only be recorded in a confidential file, with access limited as required by law. i~ Agenda Itq~ i JLLm Section 29.4 - Debriefinl~ The County shall schedule defusing sessions and post-incident debriefing sessions with the County CISD team when requested by the employee involved in a significant on-duty medical- related incident. Units involved shall, when practical, be placed out of service until a replacement crew can be assigned or until such time as the crew is debriefed and cleared for duty. If released from duty for the remainder of the shift, the employee shall be compensated and the time will be charged to sick leave or paid Administrative leave, at the Director's discretion. Section 29.5 -Tobacco Products Tobacco products (pipes, cigars, cigarettes, chewing tobacco, etc.) cannot be used in stations or in County vehicles while on or off duty. Use of tobacco products outside the station should not create litter. 86 ARTICLE 30 ALCOHOL AND DRUG TESTING Section 30.1 - Policy The County prohibits the use, possession, transfer, sale and receipt of illegal drugs and narcotics at all times, whether on or offduty. The County prohibits the abuse of alcohol at all times, whether on or off duty. In addition, the County prohibits the use or possession of alcohol, or reporting to work under or being under the influence of alcohol while on duty. Section 30.2 - Reasonable Suspicion Testing, In the event a member of management has a reasonable suspicion to believe that an employee is under the influence of drugs or alcohol on duty, he/she may require that the employee submit to an industry-accepted breathalyzer test, blood test, urinalysis and/or other appropriate testing. Reasonable suspicion may be based upon a variety of factors, including but not limited to accident, absenteeism, injury, conduct, performance, physical signs such as impaired reactions or judgment, slurred or exaggerated speech or lack of balance, as well as the smell or presence of alcohol or a controlled substance, or reports by other employees. Should the employee test positive to alcohol or drugs, the County will utilize a confirmatory process before taking further action. Such confirmatory process will utilize industry-accepted testing procedures. Section 30.3 - Refusal to Test In the event an appropriate management official as defined in Section 30.2 above requests that an employee submit to a breath, blood, urine and/or other tests, and the emplo~'~"~'t-~-~TM submit to such test or tests, such refusal may result in disciplinary action, up to and including discharge. Section 30.4 - Search of Property, In order to promote safety, health and security concems, the Emergency Medical Services Director and/or designee may search lockers, vehicles and other County-owned or supplied areas. The Emergency Medical Services Director and/or his designee reserves the fight, based on reasonable suspicion, to search employee-owned vehicles, handbags, lunch boxes, and other containers or personal effects, including outer clothing. At no time will any employee's clothing be searched by or in the presence of a member of the opposite sex. An employee's refusal to cooperate with or submit to a search may result in disciplinary action up to and including discharge. Section 30.5 - Prescription Drugs All employees who must use a prescription drag that causes adverse side effects (drowsiness or impaired reflexes or reaction time) shall inform their supervisor in writing that they are taking such medication on the advice of a physician. It is the employee's responsibility to also inform his/her supervisor of the possible side effects of the drug on performance and expected duration of use. The prescribing physician must provide a statement that the employee can perform all of the employee's normal job functions, which will be provided to the employee's supervisor prior to starting work. Section 30.6 - Cost of Drug/Alcohol Testing The cost of drug and alcohol screening tests required by the County will be paid by the County. i ~°'~.--?I 88 Section 30.7 - Discipline The County retains the right to discipline, up to and including discharge, any employee who uses, possesses, dispenses, sells or buys illegal drugs or narcotics, whether on or off duty, or who uses or possesses alcohol while on duty, or who reports to work under or is under the influence of illegal drugs or alcohol. Employees are also prohibited from reporting to work with the smell of alcohol on their breath. The existence of an Employee Assistance Program does not affect the right of the County to impose discipline, up to and including termination, for violating this Article. Section 30.8 - Conviction of Drug/Alcohol Offense Any employee who is convicted, pleads guilty or nolo contendre (no contest) to any criminal drug statute violation, or of driving under the influence of drugs or alcohol, whether on or offduty, must notify the Director of Human Resources no later than five (5) days at~er such conviction. Failure to do so will be cause of appropriate disciplinary action, up to and including termination. Once the County receives such information, the County will make the appropriate determination as to what disciplinary or other action, if any, is to be taken. Section 30.9 - Other Testine The County reserves the right to initiate any other drug or alcohol testing, including random testing, upon 60-days written notice to the Union and the employees 89 ARTICLE 31 STATION FACILITIES Section 31.1 - Station Facilities To Be Equipped The County agrees that station facilities will be equipped as outlined in this Article. Section 31.2 - Minimum Equipment Each ambulance station shall be supplied with the following minimum equipment and supplies: · 1 twin bed per on-duty employee · Air conditioning and heat · Microwave oven · Video VHS player · Refrigerator · Dishes to include plates, drinking glasses, coffee cups, knives, forks and spoons · Color television · Telephone · Kitchen sink · Stove · Water service · Bathroom with shower facilities · Assorted cooking pans and utensils · Electric service · Area for paperwork · Gear bag for personal protective equipment · Electronic bulletin board (if used, limitations of Article 25 are applicable) · One computer per unit with a mouse, keyboard, and one (1) printer per station · One (1) locker per employee assigned to that station daily. Lockers shall be of adequate size to accommodate the employee's bedding, uniforms, and personal belongings. The above equipment and supplies shall be supplied directly by the County in County-owned stations. If the Station is provided or owned by an agency other than the County, the County will make every reasonable effort to allow the employees the free use of the above equipment and supplies. The County and employees shall ensure that the equipment listed in this Se~tmn ~'all-b~--~) maintained in good working condition. Section 31.3- Leaving Equipment at Station Employees may leave their bedding/and or bunker gear at the station they are assigned, with the understanding if those items are stolen it is the employees responsibility to replace those items at the employees cost. Payments will be made over a six (6) month time frame to the County. The County will loan the employee bunker gear if there is bunker gear in supply that will fit the employee. No employee will be prohibited from working until their bunker gear is ready. Employees that choose to leave their bunker gear or other equipment at the Station are responsible for retrieving that equipment if they are moved to another station. Any employee must be notified of the move forty-five (45) minutes prior to shift to retrieve their gear. If retrieving their gear causes the employee to be late to their next station then the employee will not be paid for the time they arc late. If an employee is not notified forty-five (45) minutes prior to shif~ and they arrive late to their next station there will be no penalty to the employee. 91 ARTICLE 32 STAFFING Section 32.1 - Station Location The County retains the right to identify station locations for 24-hour units that are different from those in effect on ratification date of this Agreement. Station location will be based on the County's determination on how to best meet the public's needs, and the County may close or change station locations or open new station locations, as the system's needs change. If a new County- owned station location is established, the County agrees to equip it as outlined in the Station Facilities Article. Section 32.2 - Division Composition EMS will initially be divided into three Divisions (one, two, and three). Except as provided in Article 12, Section 12.1, personnel assigned to these divisions will work the 24/48 schedules. A. Additional stations and/or battalions may be created, or stations may be added to or removed from a battalion, based on operational needs. Section 32.3 - Starting Time A. Employees on a 24-hour shift will start at 8:30 a.m., except for Flight Medics who will start their shift at 7:00 a.m. B. Pilots will work a 7:00 a.m. to 7:00 p.m. or 7:00 p.m. to 7:00 a.m. shiR. depending on C. ALS Engine their assignment. participants will start their shift 92 D. Seasonal units starting time may vary based on call volume. Section 32.4 - Rotation Subject to operational conditions, employees assigned to a Battalion will rotate through each station monthly on a continual basis. Section 32.5- Vacancies Employees who desire to move from one Division to another may put a request in writing and, as vacancies occur, those with the request will be considered for the vacancy. A. There will be no husband/wife or live-in crews. B. If possible, accommodations shall be made to keep husbands and wives employed by CCEMS on the same shift upon request. Consideration will also be given to allowing employees whose spouse works for another local agency to work the same shift. In addition, the EMS Director may extend the same shift accommodations to employees who share a close familial relationship. C. Accommodations will be made for employees who can demonstrate, in writing, a need for a specific shift due to childcare issues. Section 32.6 - ALS Engine Pro~ram Fire Department personnel may be assigned work duties on EMS units on a one-to-one exchange with an EMS Lieutenant/Firefighter or Paramedic/Firefighter assigned to the Fire Department unit. At no time shall Fire Department personnel be utilized to cover sick or vacation openings. 93 Agend~ , Iti~ i No ._ZY)_]L2 Section 32.7 - Acting Lieutenant When a Paramedic has met the requirements to take the Lieutenant exam, the employee will receive a one percent (1%) pay increase. If it is determined by the Battalion Chief that an Acting Lieutenant is necessary for any reason, any Paramedic receiving the one percent (1%) extra compensation under this Section may be assigned as Acting Lieutenant without additional compensation. Section 32.8- Bid System The Labor/Management Team will work to construct a Bid System for Division and Rotation assignments. 94 ARTICLE 33 SPECIAL EVENTS Section 33.1 - Special Events Employees scheduled to cover Special Events (i.e., football games, concerts, etc.) shall be provided all necessary equipment required to cover the event. Events requiring a dedicated EMS unit will first be staffed with volunteers who will be paid the appropriate straight-time/overtime hourly rate. If volunteers are not available and mandatory overtime is not required, the County may cover the Event with an on-line unit. Employees will cover special events assigned to them. 95 ARTICLE 34 EDUCATIONAL INCENTIVES Section 34.1 - Mandatory Classes/In Service Employees required to attend mandatory classes or mandatory in-service training shall be paid at the appropriate straight-time/overtime rate of pay for each hour they attend class. Section 34.2 - Degree Incentive Pay Employees meeting and maintaining any of the following educational requirements or certifications shall receive educational incentive pay as reflected in the schedule below. Incentive pay shall be paid by the County from the first day of the pay period following the date the employee provides a copy of the certification/degree to the County. All degrees must come from an accredited educational facility. DEGREE °/o INCREASE A.S. Degree in: Nursing, Emergency Medical Technology, Respiratory Therapy, Fire Administration,(for Pilots, a degree in Aviation Management or similar aviation- related de~ee) Bachelor's Degree in: Nursing, Public Administration, Business Administration, Health Care Administration, Pre-Med, Biology, Chemistry, Fire Administration, Emergency Medical Technology, (for Pilots, a degree in Aviation Management or similar aviation-related degree), Psychology, Management related de~ee Master's Degree in: Any of the academic disciplines listed under the Bachelor's Degree above. 2% increase in the employee's base hourly rate of pay 4% increase in the employee's base hourly rate of pay 6% increase in the employee's base hourly rate of pay Employees may receive educational incentive pay for only one of the de~ee 96 (Associate's degree, Bachelor's degree or Master's degree) at any one time. The monies paid under this Article for the degrees listed above are in addition to monies supplied directly by the State for the same degrees. Section 34.3 -Additional Incentive Pay A. Paramedics who have a current American Heart Association ACLS Instructor Certificate and who also have either a current PALS, APLS or BTLS Instructor Certificate will receive an incentive of 2% added to the employee's base hourly rate of pay. The maximum incentive under this Section is 2%. 97 "o--/-4-4-9 ARTICLE 35 LICENSURE Section 35.1 - Responsibility Employees who are required to have current Florida State EMT or Paramedic certification shall, as a part of their job, be solely responsible for keeping the certification current as required by Florida law, with the exception of necessary C.E.U.s required for certification as an EMT or Paramedic. The County agrees to supply employees copies of all paperwork showing proof of Continuing Education Hours obtained by the employee at In-Service Training classes offered by the County. This paperwork shall be supplied to the employee in such time as to allow the employee to get recertification paperwork to the State of Florida in the time required for recertification. Section 35.2 - Florida Driver's License Employees within the bargaining unit are required, as a condition of continued employment, to maintain a current appropriate Florida Driver's license and must comply with County Policy on Eligibility to Drive County Vehicles (CMA 5805, attached as Appendix B). 98 ARTICLE 36 IN-SERVICE/CONTINUING EDUCATION TRAINING Section 36.1 - CPR/Advanced Cardiac Life Support Re-Certification Classes The County agrees to sponsor and conduct an American Heart Association CPR and Advanced Cardiac Life Support re-certification class at least once every two years at no cost to the employees. The County agrees to make available to each employee attending the training all necessary textbooks required for the class. Section 36.2 - In-Service Training The County agrees to offer in-service training classes at a location within the County. The classes will provide acceptable Continuing Education Units (CEU) for both EMT and Paramedic re- certification. These in-service training classes shall be offered so employees are able to attend while off duty. Employees shall be paid by the County at the appropriate rate for each hour spent attending in-service training classes. Due to the importance of the information contained in these educational opportunities, the Medical Director has set the following requirements: a) During the State of Florida two (2) year Paramedic/EMT re-certification period, all EMS employees must attend all educational opportunities. These classes are mandatory unless excused by the Medical Director or his/her designee. The employee will be notified regarding the acceptance or denial of their request within five (5) business days. If there is no reply then the employee's request is approved. The County agrees to offer each in-service training at-l~i~-~ 99 :! ? b) c) times in an effort to be sure all EMS employees may attend. The County agrees to provide adequate notice of in-service training. The County agrees that there may be instances, such as, illness, injury, or pre-scheduled time off when the employee may not be able to attend an in-service, in such cases the County agrees to record the training or provide equivalent training for personnel so that they have the number of hours necessary to re-certify. It is understood that there may be instances when the schedule needs to be changed, but accommodations will be made for employees who cannot attend due to the change in the schedule. The County agrees that there may be instances, such as, illness, injury, or pre- scheduled time off when the employee may not be able to attend an in-service, in such cases the County agrees to record the training or provide equivalent training for personnel so that they have the number of hours necessary to re-certify. Employees who arrive more than 15 minutes late or leave 15 minutes prior to the completion of the in-service will not receive CEU's or credit of attendance. It will be the employee's responsibility to sign in and out of the class. In order to ensure the highest level of attention to the speaker(s) and the Medical Director, children at the in-service are discouraged. Efforts will be made to notify employees as far in advance as possible of upcoming educational to allow time for address childcare issues. If an employee must bring a child to the class, he/she needs to be aware that if the child is being disruptive, the lead coordinator of the class may ask the employee and child to leave, at which time the employee will only receive credit for the time spent at the class. If an employee should be asked to leave, the employee will be able to complete the class 100 ! Pg. , participate in other training opportunities to make up the time missed. d) Attire Requirement: Casual dress will be permitted. No offensive dress will be allowed. When dressing for classes, employees should remember that these classes are held in public places and employees are officially representing the department. e) Failure to meet the attendance requirement will result in disciplinary action to be taken, along with having to meet with the Medical Director for a remedial direction. 101 ARTICLE 37 OUT-OF-TOWN TRANSFERS AND TRAVEL Section 37.1 - Mileage When authorized by the County to use their personally owned vehicles for official business or approved training, employees shall be compensated at the rate per mile as established by County Policy. Section 37.2 - Per Diem When traveling outside of Collier County on approved business for the County and not being paid their hourly rate of pay, employees shall be paid a per diem rate per day of travel/business equal to the amount set by County Policy. Section 37.3 - Out-Of-Town Transfers Employees sent on a vehicle for an out-of-town transfer (outside Collier County and Lee County) shall be provided the following: A. Money for tolls (reimbursed upon return when requested using the proper County form). B. Money or credit card for fuel purchases. C. Cellular telephone for emergency communications while outside Collier County. 102 ARTICLE 38 MEDICAL QUALITY ASSURANCE The Union and the County agree that Medical Quality Assurance is of paramount importance in assuring the citizens of Collier County receive the best possible level of Emergency Medical Pre- Hospital Care. The Union and the County also agree that the responsibility for assuring quality medical care rests jointly with the Collier County Medical Director, Collier County EMS Administration, and the employees. 103 ARTICLE 39 SAVINGS CLAUSE Section 39.1 - Savings If any Article or Section of this Agreement should be found invalid, unlawful or not enforceable, by reason of any existing or subsequently enacted legislation or by judicial authority, all other Articles and Sections of this Agreement shall remain in full force and effect for the duration of this Agreement. Section 39.2 - Re-Negotiation In the event of invalidation of any Article or Section, both the County and the Union agree to meet within thirty (30) days of such determination for the purpose of arriving at a mutually satisfactory replacement for such Article or Section. 104 ARTICLE 40 EMPLOYEE RECOGNITION AND REWARD PROGRAMS Section 40.1 - Participation in Programs All bargaining unit employees shall be entitled to participate in and receive all benefits (whether monetary or otherwise) of any longevity of service or other employee recognition and reward program that is provided to all other County employees. Section 40.2 - Right to Modify or Discontinue The Union recognizes and agrees that all such employee recognition and reward programs may be modified or discontinued by the County at any time for any reason and that the rights of bargaining unit members in this regard will be no different than those of all other County employees. 105 ARTICLE 41 LABOR/MANAGEMENT TEAM Section 41.1 - Labor/Management Team The County will establish and coordinate a Labor Relations Team whose goal is to create an open dialog between EMS management and bargaining unit employees. The team is considered a venue for employees to express concerns, ideas and to facilitate positive change within the EMS organization and its practices. The Union and County shall each designate three (3) members. The team will meet quarterly, or more often upon agreement of the parties, and will be open to all bargaining unit employees. Discussion shall not be considered collective bargaining negotiations. 106 ARTICLE 42 DURATION Section 42.1 Termination This Agreement will be in full force and effect as of the effective date of the ratification of this Agreement by the parties and shall remain in full force and effect until midnight, the 30th day of September, 2006. Either party may reopen negotiations for the 2006-2007 contract year and beyond by giving the other notice of intent to reopen during May 2006. Failure to give notice of termination and intent to reopen will result in this Agreement automatically renewing until notice is given during May of any subsequent year. 107 FOR COLLIER COUNTY: James V. Mudd Collier County Manager FOR THE UNION: WITNESS: Representative Southwest Florida Professional Firefighters & Paramedics, International Association of Firefighters, Local 1826 Type or Print Name: WITNESS: Date Type or Prim Name: THIS AGREEMENT IS SUBJECT TO RATIFICATION BY THE BARGAINING UNIT AND THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS. ATTEST: DWIGHT E. BROCK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Deputy Clerk Chairperson Approved as to legal form and sufficiency: 108 APPENDICES Appendix A - County Administrative Procedure 5351 - Discipline Appendix B - County Administrative Procedure 5805 - Eligibility to Drive County Vehicles 109 EXECUTIVE SUMMARY RECtUEST FOR COUNTY SPONSORSHIP APPEARANCES DURING JULY 2-5, 2004. FOR US MILITARY OBJECTIVE: To provide the citizens of Collier County with an Independence Day Celebration that will include entertainment and performances by various US Military units. CONSIDERATIONS: Traditionally the Independence Day Celebration in Collier County has been funded by the Tourist Development Council and administered by the City of Naples. Due to the changes in the rules governing the use of TDC funds, this process no longer viable. At thc Board of County Commissioners meeting on February 24, 2004, John C. Veit, Collier County Independence Day Celebration Committee member, brought forth a public petition requesting that Collier County fund this year's celebration. The Board directed staff to bring back and executive summary to allow them to discuss and decide whether or not to approve the proposal. Funds provided by Collier County will bc used to pay for per diem (meals), lodging, transportation for military entertainment and demonstration units, and ancillary travel expenses incurred by the event coordinator. While funds will be established, the Celebration Committee will continue to seek donations to lower the costs. FISCAL IMPACT: Costs associated with the celebration will not exceed $50,000. Funds are available in general fund reserves. GROWTH MANAGEMENT IMPACT: No Growth Management Impact is associated with this action. RECOMMENDATION: That the Board of County Commissioners authorize the expenditure of $50,000 for expenses related to the Collier County Independence Day Celebration and approve any related budget amendments. SUBMITTED and APPROVED BY: ,,Date: Military Costs for July 4th 2004 Number of Military Boarding/3 Organization 'Personnel ,Transportation nights Meals/4 days Special Operations Command, MacDiIIAFB, FI 8 $ 5,000.00 $ 1,200.00 $ 1,376.00 Cadet Band, West Point, NY 20 $ 3,000.00 $ 3,440.00 283rd Army Band, Ft. Benning, Ga 40 $ 4,000.00 $ 6,000.00 $ 6,880.00 A-10 Warthogs, Langley AFB, FI 6 $ 2,000.00 $ 900.00 $ 1,032.00 USS Philippine Sea, Mayport, FI 40 $ 3,000.00 $ 6,000.00 $ 5,160.00 US Naval Recruiters, Miami, FI (2nights-2days 50 $ 5,000.00 $ 4,300.00 School District/Janitorial $ 500.00 Totals 164 $ 14,500.00 $ 22,100.00 $ 22,188.00 Grand Total $ 58,788.00 Contributions Naples Daily News $10,308.24 (in Kind Advertising) First National Bank $ 5,000.00 Wiegold & Sons $ 1,850.00 Total Cash $ 6,850.00 Total In Kind $ 10,308.24 Grand Total $ 17,158.24 Total Cash Cost $ 58,788.00 Total Cash Available $ 6,850.00 Total Cash Needed $ 51,938.00 AGEND~I-T.E M NAR - 9 200~. Pg.~ .,. EXECUTIVE SUMMARY AWARD WORK ORDER PBS-02-35 IN THE AMOUNT OF $66,264 TO PROFESSIONAL BUILDING SYSTEMS, INC. FOR REPAIRS TO COCOHATCHEE RIVER PARK SOUTH DOCKS. CONTP. nC~r NU~ER 02-3349 Objective: To repair the south docks at Cocohatchee River Park. Considerations: This work order is to repair the docks on the south side of Cocohatchee River Park. Specifications were submitted to three contractors and on January 30, 2004, the following three quotes were received: Professional Building Systems Bill Varian Construction Surety Construction $66~64 $69,451 $71,660 Staffhas reviewed the quotes received and recommends awarding the work order to Professional building Systems, Inc., as the lowest, qualified and responsive general contractor. Fiscal Impact: Funds for this repair are budgeted in the Parks Improvement CIP Fund (306). Growth Management lmoact: There is no Growth Management Impact associated with this Executive Smnmary. Recommendation,: That the Board of County Commissioners award work order PBS- 02-35 in the amount of $66,264 to Professional Building Systems, Inc., for repairs to the south docks at Cocohatchee River Park. Murd6-Smith, Beach and Water Superintendent Parks~and Recregt~ Departmem Reviewed by: ~/~/Z~ Parks anc~Recreation Hepa~aent Reviewed by: Ste~(~amell, ]~irector ' Approved by: John~unn~ck, Admini Division of Public Services Date: Date: .~ -~'- °~// Date: Date: No.~ MAR WORK ORDER # PBS - 02-35 "General Contractor's Services" RFP # 02 - 3349, Dated June, 2002 This Work Order is for General Contracting Services, subject to the terms and conditions of the Contract referenced above, for Work known as: PROJECT: Cocohatchee River Park South Dock Repair. Scope: This work order is for work to be performed at Cocohatchee River Park South Dock Repair (as shown on drawings S1 and Al). The work shall include labor and material to replace the deck; remove and replace 5 piles with matching size and material; replace all bolts with new stainless steel bolts. This proposal dated January 09, 2004 from Professional Building Systems, General Contractors, which is attached hereto and made part of this Work Order in accordance with Terms and Conditions of the Agreement referenced abOve. Work order #02-35 is assigned to Professional Building Systems, General Contactors. Schedule of Work: Complete within 30 calendar days from date of issued Permit and Notice to Proceed. Compensation: In accordance with Item3 of the Agreement, the County will compensate the Firm in accordance with the lump amount provided in Schedule B. TASK l(Base Bid) $ 66,264.00 TOTAL $ 66,264.00 Any change made subsequent tO final department approval will be considered an additional service and charged to an executed Change Order as enumerated in Exhibit D of the Agreement. PREPARED BY: ~ (~~ Murdo Smit , each and Water Supt. Parks and Recreation Department Date No./bi r) MAR P~ °'---'---'- REVIEWED B Y: Parks an d RecY~eDa~nCt;~a~ment M ATTEST: Dwight E. Brock, Clerk By: Deputy Clerk Date: BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA By: Donna Fiala, Chairman ACCEPTED BY: Contractor Approved as to form and legal sufficiency Robert Zachary Assistant County Attorney Wall Systems of Southwest Florida d/b/a Professional Building Systems, Inc. (PBS) BY'President Type/Print Name and Title Affix the" (Corporate Seal)}" ATTEST: (Corporate Secretary) By: Typed Name and Title (or) witnesses (2) (Print Name) EXECUTIVE SUMMARY RECOMMENDATION PURSUANT TO COLLIER COUNTY RESOLUTION NO. 95-632, THAT THE BOARD OF COUNTY COMMISSIONERS CONSIDER AUTHORIZING THE OFFICE OF THE COUNTY ATTORNEY TO SELECT AND RETAIN OUTSIDE COUNSEL TO REPRESENT TWO (2) INDIVIDUAL COUNTY EMPLOYEES SUED IN DWIGHT E. BROCK V. BOARD OF COUNTY COMMISSIONERS, LINDA T. SWISHER, AND PAUL W. WILSON, CASE NO. 04. 941-CA, TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, AND WAIVE THE PURCHASING POLICY TO THE EXTENT IT APPLIES TO THE SELECTION OF OUTSIDE COUNSEL AND/OR OTHERWISE EXEMPT THE SELECTION OF OUTSIDE COUNSEL FROM COMPETITION PURSUANT TO VII.G. OF THE PURCHASING POLICY. OBJECTIVE: For the Board to consider authorizing the Office of the County Attorney to select and retain counsel for two individual county employees sued in Dwight E. Brock v. Board of County Commissioners, Linda T. Swisher, and Paul W. Wilson, Case No. 04- 941-CA, Twentieth Judicial Circuit in and for Collier County, and waive the Purchasing Policy to the extent it applies to the said selection of outside counsel and/or otherwise exempt the selection of outside counsel from competition pursuant to VII.G. of the Purchasing Policy. CONSIDERATIONS: Collier County Resolution No. 95-632 sets forth the Board's policy with regard to providing a defense and paying legal expenses of county staff who are sued individually in lawsuits. A copy of Resolution No. 95-632 is attached. The BCC and Ochopee Fire District employees Linda Swisher and Paul Wilson have been sued in Dwight E. Brock v. Board of County Commissioners, Linda T. Swisher, and Paul W. Wilson, for an accounting and improper retention and use of County funds. The Office of the County Attorney recommends that the Board consider that Ms. Swisher and Mr. Wilson be provided legal counsel in accordance with Resolution No. 95-632. The Office of the County Attorney will represent the BCC in the lawsuit. Given that suit has already been filed and served, it is imperative that investigation of the complaint be commenced as soon as possible. Accordingly, based on these circumstances and in the best interest of the County, it is further recommended that the Board waive the Purchasing Policy and/or otherwise exempt the selection of outside counsel from competition pursuant to VII.G. of the Purchasing Policy to the extent it applies to procurement of legal services under Resolution No. 95-632 and authorize the Office of the County Attorney to select and retain counsel for Ms. Swisher and Mr. Wilson. The Office of the County Attorney will proceed by identifying an attorney or attorneys who have experience in such civil matters and making contact with that attorney or those attorneys to determine their interest, rates and capabilities. FISCAL IMPACT: The hourly charges for most litigation attorneys who would be retained to represent the employees in a case such as this would likely run in the neighborhood of $200.00 per hour. The Board should also be aware that while it is I AGENDa, ITEM z MAR - 9 200 difficult to estimate, should it be necessary for this case to be taken through the trial process, outside counsel fees could be in excess of $20,000.00. GROWTH MANAGEMENT IMPACT: associated with this Executive Summary. There is no growth management impact RECOMMENDATION: That the Board approve the retention of an attorney to represent Ms. Swisher and Mr. Wilson in the named lawsuit and waive the Purchasing Policy and/or otherwise exempt the selection of outside counsel from competition pursuant to VII.G. of the Purchasing Policy to the extent it applies to procurement of legal services to the extent it applies to procurement of legal services under Resolution No. 95-632 and authorize the Office of the County Attorney to seek and retain the attorneys with rates not to exceed a range of $200.00 per hour. SUBMITTED BY: D~vid C. Weigel, ~oun~y ~tt~rn~ - DATE: 2 AGENDt~'rEM , No. ~,-~- ~ ~ · RESOLUTION NO. 95- 632 ~ RESOLUTION SETTING ~O~TH THE ~OLICY OF THE BOARD OF COUIT~Y CO~ISBIONERS WITH REGARD TO PROVIDING A LEGAL DEFENSE /%ND PAYING LE~d%L EXPENSES OF COUNTY CO~HIBSiONERB, COUNTY STAFF AND COUNTY ADVISORY BOARD MEF~BERB. WHEREAS, the Board of County Commissionsrs and the Collier County management and legal staff are constantly presented with the necessity for making decisions regarding all phases of County policy, management and legal counsel, respectively; and WHEREAS, local governments and their employees have recently become subject to increasing numbers of lawsuits based upon state and federal laws; and WHEREAS, it is essential to the effective operation of County government that policy, management and legal decisions be made competently, in the public interest, and with the threat of personal liability for board and staff members for making said decisions being maintained at a minimum so as to avoid the "chilling effect" on the proper and diligent performance of public duties recognized by the Florida Supreme Court in Thornber v. City of Fort Walton Beach, 568 So.2d. 914 (1990); and WHEREAS, Florida statutory and case law, as well as Attorne~ General opinions (hereafter referred to as "AGO"), set forth the requirements and discretion which are afforded to the local governing body to formulate a policy regarding the provision of counsel and payment of legal expenses for Board members, County staff and advisory board members who are involved in litigation arising out of or in connection with the performance of official duties and while serving a valid public purpose; and WHEREAS, Collier County insurance policies currently include County employees as well as Board members and members of the Administrator's and County Attorney's staff within the scope of coverage, provided that said persons are acting within the scope of their employment and do n~ ac~~~ or fraudulently; and / WHERF~%S, t_he B~ard of County Co~u~issioners (hereafter also referred to as "Board") desires to hereby set forth and f~r~alize its policy with regard to the provision of legal counsel and the pa~rment of legal expenses incurred by County Commissioners and administrati%e and legal staff so as to promote competent decisions a3%d conduct in the public interest while reducing the t~Lreat, inti]nidation and c_hilling effect on perfo~-mance of official duties created by potential personal liability for County Commissioners and County staff members while acting in ~_he scope of t.heir official duties and while serving a valid public purpose. ~VHE~S, the various advisory boards, quasi-judicial boards and regulatory boards (hereafter also collectively referred to as "advisory board(s)") formed by the Board of County Commissioners, and the mpmbers t_hereof who are appointed by the Board of County Commissioners, serve a critical fLhnction with regard to the operation of Collier County Government; and WHEREAS, t~he members of such boards sez~;e on a volunteer' basis without compensation for t~e time spent in performing their duties and functions; and 'W~F~S, said boards and board me~hers are regarded by 'the Board of County Commissioners as being within t_he umbrella of legal protection afforded to the Board of County Commissioners and ot~er Collier County employees; and WHERF-AS, the Board hereby desires to set forth and formalize its policy with regard to the provision of legal counsel and the pa%rment of legal exq~enses incurred by advisory board members so as to promote competent decisions and conduct in the public interest while reducing the threat, intimidation and chilling effect on perfo~ance of official duties created by potential personal liability for advisory board members while acting in the scope of their official duties and while serving a valid public purpose. NOW THEREFORE, co $s o.E s oF COLLIER CO TY, FLOR O , thT: 1. Definition' of "CoUnty person(s)"= As used in this Resolution, the term "County person(s)" shall mean and include the members of the Board of County Commissioners, .the County I Administrator and his staff, the County Attorney and hi~ ~taff, all employees of the Board of County Commissioners as well as the Collier County Airport Authority Director and his staff, the Director and staff of any other County-created authority, the officers and staff of any dependent Or other special district for which the Collier County Board of County Commissioners is the governing body or ex-officio the governing body thereof, and any person appointed by the Board of County Commissioners to a Collier County Advisory Board, quasi-Judicial board or regulatory board formed by the Board of County Commissioners of Collier County, Florida. 2. Pursuant to Section 111.07, Florida Statutes, and Thornber v. City of Fort Walton Beach, 568 So.2d 914 (Fla. 1990), the Board hereby resolves to provide legal representation to County persons in civil actions and in civil rights actions subject to the limitations set forth herein. a. Legal representation shall be provided in civil actions and in civil rights lawsuits only if the litigation involving the County person to be represented arises out of or in connection with the performance of official duties and while said County person was serving a valid public purpose. No representation shall be provided in tort actions if the County person acted or failed to act in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety or property. No representation shall be provided to any County person in a civil action or civil rights action where said County person acted or representation shall be provided Co do eo wher~ the County person has willfully failed to follow the legal advice furnished by the Office of the County Attorney, unless the Board of County Commissioners specifically finds',-.at a public meeting, that said failure to follow legal advice was for reason(s) within the County person's scope of employment and served a valid public purpose. Collier County shall at all times have the discretion to determine whether to directly represent such individual through the County Attorney's office or to select counsel to represent said County person in the civil action or civil rights action. If a County person chooses to obtain private legal counsel without prior authorization from Collier County, all fees and/or costs incurred by such person shall be the sole responsibility of said person and Collier County shall accept no responsibility for payment of legal fees and/or costs. Any leg~l fees and/or costs properly payable under this Policy must be reasonable in amount. Pursuant to Section 111.07, .Florida Statutes, any attorney's fees and/or costs paid or incurred by the County for any County person who is found to be personally liable by virtue of acting outside the scope of employment, in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard ok human rights, safety or"property, may be recovered by the County in a civil action against such County person. Notwithstanding anything else stated in this section or this Resolution, the ,~a~-~4%E~ the sole and absolute discre~on aii~w~ ~- Section 111.07, Florida Statutes, as well as by applicable case law, to not provide legal ~ representation and to instead reimburse any County person for reasonable attorney-, fees and/or costs in the event 'that said County person prevails in the civil or civil rights action. 3. Pursuant to Sections 111.071 and 111.072, Florida Statutes, the County shall pay for final Judgments, settlements and/or costs involving County persons in civil actions and in actions subject to the limitations provided civil rights herein. a. Collier county shall pay final judgments, settlements and/or costs involving County persons only where the litigation arose out of or in connection with the performance by the County person of official duties and while serving a valid public purpose. No final judgment, settlement or costs shall be paid for by the County in a civil action or a civil rights action i'f the County person against whom the final judgment, settlement and/or costs have been imposed has acted or failed to act with intent to harm. The County shall not pay any final judgment, settlement and/or costs in tort actions where a County person has acted or failed to act with bad faith, malice or with wanton and willful disregard of human rights, safety or property. No judgment and/or costs shall be paid in any case where the County person has willfully failed to follow the legal advice furnished by the Office of the County Attorney, unless the B o ~~-~?~. Commissioners specifically fi~ds,N~ / -~- I pg._ "'"'1 _ advi~e was for reasons within the County person's scope of employment and served a valid public purpose. b. Any final judgments, settlements and/or 'costs paid or incurred by the County shall be ~n strict adherence with the sovereign immunity 'recovery limits set forth in Section 768.28, Florida Statutes. c. If the County person has had private legal representation in the case, contrary to the provisions of Section (2) (b) of this Policy,'any final judgment, settlement and/or costs imposed shall be the sole responsibility of said person and Collier County shall accept no .responsibility for payment of the final judgment, settlement and/or costs. d. Pursuant to Section 111.071(4), this section is Do~ intended to be a waiver of sovereign immunity or a waiver of any other defense or immunity to such lawsuits. 4. Im cases where a County person is formally charged with a criminal 'violation, the County shall pay the legal fees and/or costs incurred by said County person only under the following circumstances: a. The charges against the County person arose out of or in connection with the performance of official duties and while serving a valid public purpose. b. The County person has been acquitted or the charges dismissed. Lomelo v. city of Sunrise, 423 So. 2d. 974 (4th DCA 1982), pet. for rev. dismissed at 431 So.2d. 988 (Fla. 1983), and AGO Co 89-33. reasonable in amount. I No.~ The ~ounty person has first notified the County administration and legal staff of the pendency of the charges and has permitted ~he County the opportunity to either directly provide c6unsel or to allow said County person to choose his/her own counsel. The charges have not resulted from the willful failure of the County person to follow the legal advice furnished by the Office of the County Attorney, unless the Board of County Commissioners specifically finds, at a public meeting, that said failure to follow legal advice was for reasons within the County person's scope of employment and served a valid . public purpose. The legal fees and/or costs incurred by a County person during the investigatory, pre-charge stages of a criminal case shall be paid by the County only for proceedings involving potential criminal liability for the County person and where the allegations are ultimately determined to be unfounded and to ~ave arisen from conduct related to the performance of official duties and while serving a valid public purpose. AGO 94-11. The provisions of Subsections 4b, c, d and e of this Resolution shall also govern these cases. In the event that the County person has been provided legal representation by the County and the County person is found guilty of a criminal charge, the County may recover from the County person in a civil action all legal fees and/or costs paid or incurred by the CountY. The County shall pay legal fees and~ by County persons in cases involving forma~i[ ethics~,~,,. -cha~g~s ~7~ subject to the limifations provided herein: a. The ethics charges arose from conduct related to the performance of official duties and while 'serving a valid Dublic purpose. ~llison v%Reid, 397 So. 2d. 352 (lst DCA 1981) and AGO's 85-51 and 90-74. b. The County person has prevailed and successfully defended against ~he ethics charges. c. The legal fees and/or costs charged are reasonable in amount. d. The County person has first notified the County administration and legal staff of the pendency of the charges and has per-mitred the County the opportunity to either directly provide counsel or to allow said County person to choose his/her own counsel. e.. The charges have not. resulted from the .willful failure of the County person to follow the legal advice furnished by the office of the County Attorney, unless the Board of County Commissioners specifically finds, at a public meeting, that said failure to follow legal advice was for reasons within the County person's scope of employment and served a valid public purpose. f. The legal fees and/or costs incurred by a County person during the investigatory, pre-charge stages of an ethics complaint shall be paid by the County only for proceedings involving potential civil and/or criminal liability and/or ethics sanctions for the County person'and where the allegations are ultimately determined to be unfounded and to have arisen from conduct related to the performance ot q~clal(~es and while serving a valid public purpose. AGO 94-1f. The provisions of Subsections 5b, ¢, d and e of this Resolution shall also govern these cases. I g. In ~he event that the County person has-. been provided legal representation by the county and the County person is found by the Florida Ethics Commission or other appropriate tribunal having jurisdiction over the case to have committed ethical violations, the County may recover from the County person in a civil action all legal fees and/or costs paid or incurred by the County. h. Nothing in this section shall be construed to preclude the County Attorney from requesting formal or informal ethics opinions on behalf of one or more commissioners. 6. The County shall pay legal fees and/or costs incurred by County persons in oases involving non-county administrative and/or regulatory proceedings and/or formal oharges subject to the limitations provided herein: a. The proceedings and/or charges arose from conduct related to the performance of official duties and while serving a valid public purpose. b. The County person has prevailed and successfully defended against the proceedings and/or charges. c. The legal fees and/or costs charged are reasonable in amount. d. The County person has first notified the County Administration and legal staff of the pendency of the proceedings and/or charges and has permitted the county the opportunity to directly provide counsel or to allow said County person to choose his/her own counsel. e. The charges and/or proceedings tave~o~~ from the win ul failure of the/Coun z ers n t0.-- / follo~ the legal advice furnished by the Office of the County Attorney, unless the Board of County Commissioners specifically finds, at a pubiic meeting, that said failure to follow legal advice was for reasons within the County person's scope of employment and served a valid public purpose. f. The legal fees and/or costs incurred by the County person during the pendency of the proceedings and/or the investigatory, pre-charge stages of an administrative or regulatory case shall be paid by the County only for proceedings and/or charges involving potential civil and/or criminal liability and/or administrative/ .regulatory sanctions for the County person and where the allegations are ultimately determined to be unfounded and to have risen from conduct related to the performance of official duties and while serving a valid public purpose. AGO 94-11. The provisions of Subsections 6b, c, d and e of this Resolution shall also govern these cases. g. In the event that the County person has been provided legal representation by the County and the County person is found, by an administrative or regulatory agency or other appropriate tribunal having jurisdiction over the case, to · " have civil or criminal liability and/or to have violated administrative or regulatory rules, the County may recover from the County person in a civil action all legal fees and/or costs paid or incurred by the County. 7. The County shall pay legal fees and/or costs incurred by individual members of the Board of County commissioners for instituting, as opposed to defending, litigatiox -10- of ~he following circumstances are present: a. The litigation arises from or in connection with the Board members performance of official duties and the litigation serves a valid public purpose. b. This section shall agply only to members of the Board of County Commissioners and not to any other NCounty person" defined in Section I of this Resolution. c. The Board member must prevail in said litigation. d. The legal fees and/or costs are reasonable in amount. e. The Board member shall have first notified the Board of County Commissioners, the County Administrator and the County Attorney prior to .. the commencement of .the litigation and shall have permitted the County the opportunity to either directly provide counsel or to allow said Commissioner to choose his/her own counsel. f. The litigation has not resulted from the willful failure to follow the legal advice furnished by the office of the County Attorney, unless the Board of County Commissioners specifically finds, at a public meeting, that said failure to follow legal advice was for reasons within the Commissioner's scope of employment and served a valid public purpose. g. In the event that the Commissioner has been provided legal representation by the County and the Commissioner does not prevail in the litigation, then the County may recover from the Commissioner in a civil action all legal fees and/or costs paid or incurred by NO. All preliminary decisions administering ~n--~ Pg. implementing this policy shall initially be made by the County A~inistrator and/or his designee and the Office of the County Attorney in cooperation and' consultation with each other's respectiYe offices. Both offices are hereby delegate~ the power to make any lawful and reasonable investigation and evaluation of cases arising under this policy. Said evalu&tio~ shall take into account all available relevant information in addition to the nature, type, number and substance of the allegations contained in any pleadings filed and/or served in any legal proceeding. All final determinations regarding the implementation and administration of this policy shall be made only by the Board of County Commissioners which is in accordance with AGO's 85-51, 89-22, 90-74 and 91-58. The Board shall also make all final determinations regarding the provision of a legal defense and/or paying legal expenses of County persons ~or any type of legal claim or suit arising from a County person's performance of official duties while serving a valid public purpose if said type of claim or suit is not specifically addressed by this Resolution. 9. Collier County Board of County Commissioners Resolution Nos. 85-126 and 85-178 are hereby repealed and superseded in their entirety. "' This Resolution adopted after motion, second and majority vote." f~oring same. .ATTEST:;. ° ,:' "-.. 'DWIGHT' 'E:..BRO~K, Clerk .,-.-..: 2 ~ '~l"- ~' '. Ap. proved as to form and le~l'~su'f ~i¢iency: -R'amiro Mafi~lich Chief Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER CO~F~ By:~ /~ ~ ~TTYE J. ~TTHEW$, Chairman -12- EXECUTIVE SIIMMARY REQUEST TO GRANT FINAL APPROVAL OF THE ROADWAY (PRIVATE), DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "EDEN AT THE STRAND REPLAT - 1" THE ROADWAY AND DRAINAGE IMPROVEMENTS WILL BE PRIVATELY MAINTAINED, THE WATER AND SEWER IMPROVEMENTS WILL BE MAINTAINED BY COLLIER COUNTY OBJECTIVE To grant final approval of the infrastructure improvements'associated with that subdivision known as "Eden at the Strand Replat - 1" CONSIDERATIONS: On July 11, 2000, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Eden at the Strand Replat - !" o The roadway and drainage improvements will be maintained by the project's homeowner's association. The water and sewer improvements will be maintained by the County. o The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. 5. This Executive Summary has been reviewed and approved by Transportation Services and Public Works Utilities. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. Water and sewer improvements will be maintained by the County's Utility Department through their operation and maintenance budget. GROWTH MANAGEMENT IMPACT: There is no growth management impact. Executive Summary Eden at the Strand Replat - 1 Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Eden at the Strand Replat - 1" and release the maintenance security. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John R. Houldsworth, Engineering Review Senior Engineer Date REVIEWED BY: '7 ~~ Thom~s E. Kuck, P.E. En~-ineerin~ Review D±rector / County Engineer ~te APPROVED BY: Jos~h K. Schm{t't,~ ...... Admini~str~----~'''~%/ / ator Con, unity Dev. and Environmental Svcs. ~ / Dat~ RESOLUTION NO. 04- RESOLUTION OF TltE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROAD\VAY, DRAINAGE, AND WATER AND SE\VER h\iPROVEMENTS 1N EDEN AT THE STK~.ND REPLAT 1, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE M)dNTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, AND WATER AND · . SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE EDEN AT THE STRAND HOMEOWNER'S ASSOCIATION WHEREAS, the Board of County Commissioners of Collier County, Florida, on November 28, 2000 approved the plat of Eden at the Strand Replat - 1 for recording; and WHEREAS, the Developer has constructed and maintained the roadway, drainage, and water and sewer improvements in accordance with tile approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-I02, as amended), and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 01-57); and \VHEREAS, the Developer is requesting final acceptance of the roadway, drainage, and water and sewer improvements and release of his maintenance security; and \VHEREAS. tile Compliance Se~'ices Section of the Development Ser,,ices Department has inspected the roadway, drainage, and water and sewer improvements, and is recommending acceptance of said facilities· NO\V, TItEREFORE, BE IT RESOLVED BY THE BO.ARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORiDA, that final acceptance is hereby granled for those roadv,'ay, drainage, and water and sewer improvements in Eden at the Strand Replat - 1 , and authorize the Clerk to release the maintenance security. BE IT FURTttER RESOLVED AND ORDERED that the County accept tile future maintenance and other attendam costs for roadway, drainage, and water and sewer improvements that are not required to be maintained by the Eden at the Strand Replat - 1 t tomeowner's Association. This Resolution adoptcd after motion, second and majority vote favoring same, this __ day of ,2004. DATE: ATTEST: DkVlGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ........... CHAIP&IAN Approved as to form and legal sufficiency: Pattic-~k-G: \¥'hite C~ j Assistanl Collier ~t Attorney AGENOA ITEM £uU4 EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT IN THE AMOUNT OF $18,900 TO FUND TEMPORARY SEASONAL PART TIME STAFF CONSISTENT WITH PAST YEARS FOR CONDUCTING SEA TURTLE MONITORING FOR THE 2004 NESTING SEASON OBJECTIVE: To have the BCC approve funds to hire temporary part time staff to conduct sea turtle monitoring for the 2004 nesting season. CONSIDERATION: The approved FY04 budget for the Sea Turtle program does not include $18,900 for hiring seasonal staff to conduct sea turtle monitoring for 2004. During the budget process, staff erroneously omitted these funds from the Sea Turtle Budget. Budgets for previous years reflected these funds as part of the 0.5 FTEs that were associated with this function. Because this function is performed by seasonal job bank staff, it was decided to remove the 0.5 FTE allocation that had been previously shown for this program. In the process of deleting the 0.5 FTE allocation from the proposed budget, however, the $18,900 in Other Salaries was also inadvertently removed. As in past years, these funds are still needed to fund this function. FISCAL IMPACT: The funding for the Sea Turtle Monitoring Program is 100% refundable from the Tourist Development Tax since the sea turtle monitoring program supports the requirements of various beach renourishment permit conditions. Thus, as in past years, the source of the $18,900 is from the Tourist Development Fund. GROWTH MANAGEMENT IMPACT: Funding for adequate sea turtle monitoring in conjunction with beach renourishment activities is consistent with Policy 10.3.14 of the Conservation and Coastal Management Element. RECOMMENDATION: That the Board of County Commissioners approve $18,900 from Tourist Development Funds to hire temporary part time staff to conduct sea turtle monitoring for the 2004 nesting season, and approve the necessary budget amendments. PREPARED BY: ~t~J~,,~~~-~. DATE: tg~l~iam D. Lorenz, J~., P.E., D~ector REVIEWED BY: APPROVED BY: oz. zt.o4- H. Denton Baker, Director Financial Administration and Housing Depart~nent DATE: ~ t DATE: ~;'o~mD eEnSt ~:dEmni?i;;l~al~l°ern t al S e r v i c e s MAR Os 200~ I EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "VERONAWALK PHASE lB" AR-4692, AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE To approve for recording the final plat of "Veronawalk Phase lB", a subdivision of lands located in Section 26 Township 50 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Veronawalk Phase lB". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. Ail fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Engineering Services Review Director and the County Attorney's office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. This project consists of 187 lots and is being developed by Divosta and Company. Transportation Services and Public Works Utilities have reviewed and approved this project. Engineering Review Section recommends that the "Veronawalk Phase lB" be approved for recording. final plat of FISCAL IMPACT: The project cost is $1,399,397.33 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $703,573.33 - $695,824.00 The Security amount, equal to 110% of the project cost, is $1,539,337.06 MAR 0 9 200 Executive Summary Veronawalk Phase lB Page 2 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $43,336.94 Fees are based on a construction estimate of $1,399,397.33 and were paid in September, 2003. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5./ac)-$ 1,355.00 b) c) d) Construction Drawing Review Fee Water & Sewer (.75% const, est.) - $ 5,276.80 Drainage, Paving, Grading (.75% const, est.) - $ 5,218.68 Construction Inspection Fee Water & Sewer (2.25% const, est.) - $15,830.42 Drainage, Paving, Grading(2.25%const.est.) - $15,656.04 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. ENVIRONMENTAL ISSUES= There are no outstanding environmental issues HISTORICAL/ARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Veronawalk Phase lB" for recording with the following stipulations: Approve the amount of $1,539,337.06 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Review Department. AGENOA ITEM MAR 0 9 200q Executive Summary Veronawalk Phase lB Page 3 o Approve the standard Agreement, and form Construction and Maintenance a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Engineering Services Review Director and the County Attorney's office. PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Director, County Engineer Date Date APPROVED BY: Joseph K. Schmitt, Admlnistrator Community Development & Environmental Services Date EXECUTIVE SUMMARY APPROVE A 100% REIMBURSlBLE ARTIFICIAL REEF CONSTRUCTION GRANT FOR THE AMOUNT OF $25,000 FROM THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION. OBJECTIVE: To enhance the County's Artificial Reef Program by constructing four new limestone boulder reefs off Wiggins Pass. CONSIDERATION: The Florida Fish and Wildlife Conservation Commission has offered Collier County a $25,000 grant for FY 03/04. The funds will be used to place limestone boulders at four locations within The Wiggins Pass 3 Mile artificial reef site in northern Collier County. FISCAL IMPACT: Staff budgeted $25,000 in the Artificial Reef cost center based on past grant awards. The County also budgeted an additional $25,000 from boater's registration fees for the reef program. With the grant award, staff will spend $50,000 for construction of this artificial reef. GROWTH MANAGEMENT IMPACT: The grant money will support Objective 7.1 of the Conservation and Coastal Management Element of the County Growth Management Plan. RECOMMENDATION: That the BCC authorize the Chairman to sign the agreement for the $25,000 Florida Fish and Wildlife Conservation Commission grant. Douglas_ G. u~Jor, Sehi.o.r.)E~_,nvironmental Specialist Wil~"~n D. Lorenz;l]~:).~.Di~c~or, Environmental Services Department APPROVED BY: ~,~~-'~" ~' / Date: .,~-/..~-~//~ Jos/~p~K. Schmitt, CDES Administrator Ct~hunity Development & Environmental Services AGEI~A ITEM ,/.-~ MAR 0 9 FWC Grant No. FWC-03039 COLLIER COUNTY ARTIFICIAL REEF CONSTRUCTION PROJECT THIS GRANT AGREEMENT is entered into by and between the FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, whose address is 620 South Meridian Street, Tallahassee, Florida 32399-1600, hereafter "COMMISSION", and the COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, whose address is 3301 East Tamiami Trail, Building H, Naples, FL, 34112 hereafter "GRANTEE". NOW THEREFORE, the COMMISSION and the GRANTEE, for the considerations hereafter set forth, agree as follows: DUTIES OF THE GRANTEE 1. Scope of Services The GRANTEE shall perform the services and specific responsibilities as set forth in Attachment A, entitled "Scope of Services", attached hereto and made a part hereof. 2. Grantee Eligibility The GRANTEE shall be licensed as necessary to perform under this Grant Agreement as may be required by law, rule, or regulation, and shall provide evidence of such compliance to the COMMISSION upon request. TERM OF AGREEMENT 3. This Agreement shall begin upon execution by both parties and end on August 15, 2004, inclusive. However, all work described in Attachment A, Scope of Services, must be completed no later than June 30, 2004. The GRANTEE shall not be eligible for reimbursement for services rendered prior to the execution date of this Agreement nor after June 30th, 2004. COMPENSATION 4. As consideration for the services rendered by the GRANTEE under the terms of this Agreement, the COMMISSION shall pay the GRANTEE on a cost reimbursement basis in an amount not to exceed $25,000. PAYMENTS 5. The COMMISSION shall pay the GRANTEE for satisfactory service upon submission of invoices, accompanied by required reports or deliverables, and after acceptance of services and deliverables in writing by the COMMISSION's Contract Manager. Each invoice shall include the FWC Grant Number and the GRANTEE's Federal Employer Identification (FEID) Number. An original and two (2) copies of the invoice shall be submitted. The COMMISSION shall not provide advance payment. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. Invoices for reimbursement shall be submitted following successful completion of the artificial reef project described in Attachment A, Scope of Services, and approved by the COMMISSION prior to the termination date of the Agreement. The GRANTEE shall not be eligible for reimbursement for services rendered after June 30, 2004. A final invoice must be received by the COMMIS August 15, 2004 to assure availability of funds for payment. MAR 0'9 £,.,,. Page I of 8 P~,. 6. No travel expenses are authorizedl 7. The GRANTEE shall be compensated on a cost reimbursement basis in accordance with Comptroller Contract Payment Requirements as shown in the Department of Financial Services, Bureau of Auditing, Voucher Processing Handbook, Chapter 4., C., 1. (attached hereto and made part he~eof as Attachment B). 8. For Agreements whose term extends beyond the State fiscal year in which encumbered funds were appropriated, the State of Florida's pedormance and obligation to pay is contingent upon an annual appropriation by the Legislature. 9. Invoices, including backup documentation, shall be submitted to: Keith Mille, Fisheries Biologist IV Florida Fish and Wildlife Conservation Commission Division of Marine Fisheries For U.S. Postal Service Mail: 620 South Meridian Street, Box MF-MFM Tallahassee, Florida 32399-1600 For courier service: 2590 Executive Center Circle East, Suite 203 Tallahassee, Florida 32301 " TERMINATION 10. This Agreement shall terminate immediately upon the COMMISSION giving written notice to the GRANTEE in the event of fraud, willful misconduct, or breach of this Agreement. 11. Either party may terminate this Agreement by giving written notice to the other pady specifying the termination date and justification for termination, by certified mail, return receipt requested, at least forty-five (45) days prior to the termination date specified in the Agreement. TAXES 12. The GRANTEE recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the term of this Agreement. NOTICE 13. following addresses: Unless a change of address is given, any and all notices shall be delivered to the parties at the GRANTEE Page 2 of 8 Doug Suitor, Sr. Environmental Specialist Collier County Environmental Services Department 2800 North Horseshoe Drive Naples, Florida 34104 941.732-2505 douqsuitor @collierqov.net COMMISSION Keith Mille, Fisheries Biologist IV FWCC Division of Marine Fisheries 620 South Meridian St., Box MF-MFM Tallahassee, Florida 32399-1600 850.922.4340 x207 keith.mille@fwc.state.fl.us AGENDA ITEM _ .o. MAR O 9 200 t AMENDMENT OR MODIFICATION 14. No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and lawfully executed by the parties. The COMMISSION may at any time, by written order designated to be a Modification, make any change in the work within the general scope of this Agreement (e.g. specifications, schedules, method or manner of performance, requirements, etc.). However, all Modifications are subject to the mutual agreement of both parties as evidenced in writing. Any Modification that causes an increase or decrease in the GRANTEE's cost or the term of the Agreement shall require a formal amendment. RELATIONSHIP OF THE PARTIES 15. The GRANTEE shall perform as an independent agent and not as an agent, representative, or employee of the COMMISSION. 16. The GRANTEE covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 17. The parties agree that there is no conflict of interest or any other prohibited relationship between the GRANTEE and the COMMISSION. INSURANCE REQUIREMENTS 18. To the extent required by law, the GRANTEE will either be self-insured for Worker's Compensation claims, or will secure and maintain during the life of this Contract, Workers' Compensation Insurance for all of its employees connected with the work of this project. If any work is subcontracted, the GRANTEE shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the GRANTEE. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Contract is not protected under Workers' Compensation statutes, the GRANTEE shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the COMMISSION, for the protection of his employees not otherwise protected. Employers who have employees who are engaged in work in Florida must use Florida rates, rules, and classifications for those employees. In the construction industry, only corporate officers of a corporation or any group of affiliated corporations may elect to be exempt from workers' compensation coverage requirements. Such exemptions are limited to a maximum of three per corporation and each exemption holder must own at least 10% of the corporation. Independent contractors, sole proprietors and partners in the construction industry cannot elect to be exempt and must maintain workers' compensation insurance. 19. The GRANTEE warrants and represents that it is self-funded for liability insurance, appropriate and allowable under Florida law, and that such self-insurance offers protection applicable to the GRANTEE's officers, employees, servants and agents while acting within the scope of their employment with the GRANTEE. CANCELLATION UNDER CHAPTER 119~ FLORIDA STATUTES 20. This Agreement may be unilaterally canceled by the COMMISSION for refusal by: to allow public access to all documents, papers, letters, or other material subject to thi Page 3 of 8 MAR'O'9 200q P'~o Chapter 119, Florida Statutes, and made or received by the GRANTEE on conjunction with this Agreement. RECORD KEEPING REQUIREMENTS 21. The GRANTEE shall maintain accurate books, records, documents and other evidence that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this agreement, in accordance with generally accepted accounting principals. The GRANTEE shall allow the COMMISSION, the State, or other authorized representatives, access to periodically inspect, review or audit such documents as books, vouchers, records, reports, canceled checks and any and all similar material. Such audit may include examination and review of the source and application of all funds whether from the state, local or federal government, private sources or otherwise. These records shall be maintained for five (5) years following the close of this contract. In the event any work is subcontracted, the GRANTEE shall require each subcontractor to similarly maintain and allow access to such records for audit purposes. LIABILITY 22. Each Party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. NON-DISCRIMINATION 23. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in, be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Agreement. PROHIBITION OF DISCRIMINATORY VENDORS 24. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. PROHIBITION AGAINST LOBBYING 25. The GRANTEE certifies that no Federal appropriated funds have been paid or will be paid, on or after December 22, 1989, by or on behalf of the GRANTEE, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding, renewal, amending or modifying of any Federal contract, grant, or cooperative agreement. If any non-Federal funds are used for lobbying activities as described above in connection with this Contract, the GRANTEE shall submit Standard Form-LLL, "Disclosure Form to Report Lobbying", and shall file quarterly updates of any material changes. The GRANTEE shall require the language of this certification to be included in all subcontracts, and all subcontractors shall certify and disclose accordingly. 26. Pursuant to the Lobbying Disclosure Act of 1995, the GRANTEE agrees to refrain f into any subcontracts under this Agreement with any organization described in Section 501 Page 4 of 8 )m e~e_nng / MAR 0 9 200 Pg. Internal Revenue Code of 1986, unless such organization warrants that it does not, and will not, engage in lobbying activities prohibited by the Act as a special condition of the subcontract. NON-ASSIGNMENT 27. This Agreement is an exclusive agreement for services and may not be assigned in whole or in part without the written approval of the COMMISSION. PERFORMANCE AND REMEDIES 28. The GRANTEE shall perform the services in a proper and satisfactory manner as determined by the COMMISSION. 29. It is understood by the parties that remedies for damages or any other remedies provided for herein shall be construed to be cumulative and not exclusive of any other remedy otherwise available under law. SEVERABILITY AND CHOICE OF VENUE 30. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of'this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action in connection herewith, in law or equity, shall be brought in Leon County, Florida. NO THIRD PARTY RIGHTS 31. The parties hereto do not intend nor shall this Agreement be construed to grant any rights, privileges or interest to any third party. JURY TRIAL WAIVER 32. As consideration of this Agreement, the parties hereby waive trial by jury in any action or proceeding brought by any party against another party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. DIVISION OF MARINE FISHERIES REQUIREMENTS 33. The GRANTEE agrees to follow all requirements of Section 287.057, Florida Statutes, for the procurement of commodities or contractual services under this Agreement. The GRANTEE will obtain a minimum of two written quotes for any subcontracts required for Agreements in the amount of $25,000 or less, and the GRANTEE will publicly advertise and send bid specifications to a minimum of five (5) potential subcontractors for any subcontracts required for Agreements in excess of $25,000. 34. The use of a vendor registered with the Statewide Negotiated Agreement Price Schedule (SNAPS) does not preclude the GRANTEE from the requirements of Paragraph 31. AGEI, a:),~ MAR 0-9 Page 5 of 8 35. The GRANTEE shall include Attachment A (Scope of Services) verbatim in all bid specifications. . All bid specifications must be approved, in writing, in advance by the COMMISSION's Contract Manager, prior to public advertisement or distribution. 36. The GRANTEE shall submit bid specifications to the COMMISSION's Contract Manager for approval within ninety(90) days following the execution date of this Agreement. 37. Any request to use a sole source vendor by the GRANTEE must be requested and justified in writing and approved by the COMMISSION's Contract Manager prior to awarding a sole source subcontract under this Agreement. 38. A'summary of the vendor replies and recommended subcontractor must be sent by the GRANTEE to the COMMISSION's Contract Manager for written approval prior to the awarding of any subcontracts under this Agreement. 39. The GRANTEE shall include this entire Agreement and all attachments in all subcontracts issued as a result of this Agreement. All such subcontracts in excess of $5,000 shall be in writing. 40. The GRANTEE agrees to acknowledge the role of the Federal Aid in Sport Fish Restoration Program funding in any publicity related to this Agreement. 41. The GRANTEE agrees to provide the COMMISSION with a minimum of five (5) days notice for any artificial reef construction that occurs as a result of this Agreement. 42. The GRANTEE agrees to follow all provisions of Section 370.25, Florida' Statutes and Rule 68E- 9, Florida Administrative Code during the term of this Agreement. 43. The GRANTEE agrees to comply with all applicable federal, state, and local statutes, rules and regulations in providing goods or services to the COMMISSION under the terms of this Agreement; including the general and special conditions specified in any permits issued by the Department of the Army, Corps of Engineers and/or the Florida Department of Environmental Protection. The GRANTEE further agrees to include this as a separate provision in all subcontracts issued as a result of this Agreement. FEDERAL/FLORIDA SINGLE AUDIT ACTS REQUIREMENTS 44. Effective July 1, 2000, the Florida Single Audit Act requires all non-state organizations (GRANTEE) who are recipients of State financial assistance to comply with the audit requirements of the Act, pursuant to Section 215.97, Florida Statutes. In addition, recipients and subrecipients (GRANTEE) of federal financial assistance must comply with the Federal Single Audit Act requirements of OMB Circular Ao133. Therefore, the GRANTEE shall be required to comply with the audit requirements outlined in Attachment C, titled "Requirements of the Federal and Florida Single Audit Acts", attached hereto and made a part of this Agreement, as applicable. 45. In accordance with Section 216.347, Florida Statutes, the GRANTEE is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. CERTIFICATE OF CONTRACT COMPLETION 46. work has been completed and accepted. This form must be submitted to the COMMISSIO Manager with the GRANTEE's invoice for payment to be authorized. The COMMISSIO Manager shall submit the executed form with the invoice to Accounting Services. The GRANTEE will be required to complete a Certificate of Contract Completion form when all rs <'-'"X~i~A ~TEM o.ntract Page 6 of 8 .AR 0'g FEDERALFUNDS 47. This agreement is funded in whole or in part by a grant from the U.S. Fish and Wildlife Service, Federal Aid in Sport Fish Restoration Program, CFDA No. 15.605. Therefore, the GRANTEE shall be responsible for complying with all federal grant requirements as provided in this Agreement, a copy of which is attached hereto and made a part of as Attachment D. It is understood and agreed that the GRANTEE is not authorized to expend any federal funds under this Agreement to a federal agency or employee without the prior written approval of the U.S. Fish and Wildlife Service. DEBARMENT AND SUSPENSION 48. In accordance with Executive Order 12549, Debarment and Suspension, the. GRANTEE shall agree and certify that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency; and, that the GRANTEE shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction, unless authorized in writing to the COMMISSION by the federal agency issuing the grant award. 49. Upon execution of this Agreement by the GRANTEE, the GRANTEE shall complete, sign and return a copy of the form entitled "Certification Regarding Debarments, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Federally Funded Transactions", attached hereto and made a part hereof as Attachment E 50. As required by paragraphs 48 and 49 above, the GRANTEE shall include the language of this section, and Attachment E in all subcontracts or lower tier agreements executed to support the GRANTEE's work under this Agreement. RIGHTS IN INTELLECTUAL PROPERTY 51. All items, materials or products, of any description, produced or developed by the GRANTEE for the COMMISSION in connection with this Grant Agreement shall be the exclusive property of the COMMISSION and the State of Florida and may thereby be copyrighted, patented, or otherwise protected as provided by law. Neither the GRANTEE, nor its employees, representatives or subcontractors, shall have any proprietary interest in the products and materials developed under this Grant Agreement. Because Federal funding is involved in support of this Grant Agreement, the Federal Government also reserves a royalty-free, nonexclusive, irrevocable right to reproduce, publish, or otherwise use said work (including any future versions, updates and improvements), and to license the same rights and use to agencies and subdivisions of the Federal Government. Publishing rights to the information resulting from this grant agreement are hereby granted to the GRANTEE, and to any not-for-profit subcontractors. ENTIRE AGREEMENT 52. This Agreement represents that entire Agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, and duly signed by each of the parties hereto, unless otherwise provided herein. REST OF PAGE INTENTIONALLY LEFT BLANK AGENDA ITEM MAR 0 9200 Page 7 of 8 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed through their duly authorized signatories on the day and year last written below. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION ......... B.y: (Authorized Signatory*) .......... Donna Fiala, Chairman (Print Signatory's Name and Title) Date: (Grantee) East Tamiami Trail 3301 (Address) Naples, FL 34112 (City, State, and Zip Code) 59-6000558 (Federal Employer Identification Number) Reimbursement Check Remittance Address: By: Date: Director, Division of Marine Fisheries or Designee Approved as to form and legality: FWC 2671 Airport Road South, Suite. 201 (Address) Naples, FL 34112 (City, State, and Zip Code) *If someone other than the Chairman signs this Agreement, a statement or other document authorizing that person to sign the Agreement on behalf of the County must accompany the Agreement. List of Attachments included as part of this Agreement: Attachment A Scope of Services Attachment B Comptroller's Contract Payment Requirements Attachment C Requirements of the Federal - Florida Single Audit Acts State and Federal Funds Awarded through the Florida Fish and Wildlife Exhibit I Attachment D Attachment E · Conservation Commission Federal Aid Compliance Requirements Certification Regarding DebarmentJSusDension Page 8 of 8 AGENOA ITEM MAR O 9'200q ATTACHMENT A SCOPE OF SERVICES COLLIER CO UNTY ARTIFICIAL REEF CONSTRUCTION PROJECT 2004 Collier County proposes to deploy a combined total of approximately 400-800 tons of clean limestone boulders (minimum 3 ft. diameter) at the Wiggins Pass 2 Mile permitted artificial reef site. The deployments will be at a depth of 22 feet MLW and consist of four 100-200 ton patch reef deployments: two piles of limestone deployed in piles with 11 ft relief and two piles of limestone deployed with 6 ft. relief. The permitted site contains four existing patch reefs comprised of concrete culverts, concrete telephone poles, and concrete and steel construction debris. The permitted area is a square permitted zone measuring 1,519 feet (.25 nautical miles) on a side, in a north-south orientation, encompassing 53 acres in state waters off Collier County. Thc site is permitted to Collier County by the U.S. Department of the Army, Corps of Engineers and the Florida Department of Environmental Protection. The Permit Numbers are 199904913 (IP-DY) and 0162382-003-EG18, valid until February 27, 2011 and November 3, 2005, respectively. The proposed four patch reefs will be located at coordinates 26° 18.4125' N Latitude and 81° 52.4625' W Longitude, coordinates 26° 18.45' N Latitude and 81° 52.375' W Longitude, coordinates 26° 18.2875' N Latitude and 81° 52.375' W Longitude, and coordinates 26° 18.325' N Latitude and 81" 52.2875' W Longitude located approximately 2.31 nautical miles on a bearing of 300° from Wiggins Pass. The reef construction activity to be funded consists of the following elements: LOADING AND TRANSPORTATION I. Loading and transportation of at least 800 tons of clean limestone boulders (minimum 3 ft. diameter) acceptable to the COMMISSION. Load the reef materials onto a suitable conveyance and transport to a site for loading onto a barge or other suitable vessel for offshore movement. Load the structures onto a vessel for transportation to the designated reef site. Provide a sufficiently powered transport or towing vessel, personnel, and all necessary equipment to transport the material offshore and deploy it. Reef material loaded on to the transporting vessel must be properly secured in compliance with Coast Guard standards to allow for its safe transport to the reef construction site. The GRANTEE's Project Manager shall complete the FWC Artificial Reef Cargo Manifest form to be maintained onboard the vessel at ali times during transport of materials, pursuant to Chapter 370.25, Florida Statutes. DEPLOYMENT AND MATERIAL PLACEMENT minimal movement (+/-50 feet) to ensure accurate placement of the patch reef Material must be arranged to provide habitat complexity as well as providel During the deployment of the reef material, the transport vessel must be effectively moored through double anchoring, be spudded down, or otherwise be held securely in place with I tile ~j~.J~AIiTEM san~[:>ottom Page I of 4, Attachment A forage area opportunities. Individual reef materials should not be widely scattered. Any machinery used to move and deploy the reef materials should be sufficiently powered/maneuverable and capably operated to ensure timely, effective and safe off-loading of materials. The tug or transport vessel shall meet all U.S. Coast Guard certification and safety requirements, be equipped with a working, accurate Global Positioning System (GPS) unit and other marine electronics including a working VHF radio. Effective and reliable communications shall exist at all times between the transport vessel, and the designated GRANTEE observer on site. Deployment operations will only be initiated when sea height in the operations area is no greater than two to four feet as forecast by the nearest NOAA weather office. The GRANTEE's observer reserves the right to suspend off-loading operations if positioning and other deployment objectives, including safety of personnel and equipment, are not being met. o The reef material under this Agreement will be deployed as four discreet concentrated piles located at coordinates 26" 18.4125' N Latitude and 81° 52.4625' W Longitude, coordinates 26° 18.45' N Latitude and 81° 52.375' W Longitude, coordinates 26° 18.2875' N Latitude and 81° 52.375' W Longitude, and coordinates 26° 18.325' N Latitude and 81° 52.2875' W Longitude. ° The GRANTEE's Contract Manager shall oversee the temporar, y marking of the reef deployment location in advance of reef materials deployment in order to assist the subcontractor in the proper placement of the reef. The markers shall be buoys no less than 12 inches in diameter and sufficiently anchored and with sufficient scope so that they will not drift off the designated deployment site prior to deployment. The COMMISSION will not pay for materials placed outside the permit area as described above. Precise GPS placement of marker buoys that do not shift position with time will also be important to insure the reef is constructed within the permitted area. ° The GRANTEE's Project Manager or GRANTEE's employee designated as an official observer shall remain on site during the entire deployment phase of the operation and confirm the GPS coordinates of the individual placements as xvell as the maximum vertical relief of the constructed reefs using a fathometer after the reef construction has been completed. ° Both the GRANTEE and its subcontractor shall have on site current nautical charts of the deployment area, with the permitted site indicated on the chart. The proposed patch reef coordinates and the comer coordinates of the reef site will also be in possession of the GRANTEE's observer and the subcontractor when on site. The GRANTEE's observer shall also be in possession of a copy of the Army Corps permit for the area where the deployments are taking place. The GRANTEE shall be responsible for insuring that all permit condition terms are complied with. The GRANTEE agrees to allow the COMMISSION to conduct on-site inspections of the saltwater artificial fishing reef project before, during, and after the deployment. AC-'~E:NDA Page 2 of 4, Attachment A ALLOWABLE EXPENDITURES ASSOCIATED WITH THE REEF PROJECT 10. Funds from this Agreement may be expended on the activities listed pursuant to Chapter 68E-9.004( 1 )(a), F.A.C. 11. If the GRANTEE chooses to conduct a post-deployment SCUBA assessment at the patch reefs, in order to be eligible for reimbursement work must be completed prior to June 30, 2004 and the following items, at a minimum, must be included: a. methods: name and type of vessel, anchored or live boated, type of GPS unit(s), divers, survey methods; b. conditions: cloud cover, wind speed and direction, sea conditions, visibility, water temperature, currents; c. chronology: start and end of each dive; dive profile: dive plan, maximum depth, dive time, distance and bearing searched; d. Coordinates: Describe the GPS unit(s) used to navigate to the site (model number). Describe whether differential, WAAS, and/or LORAN. Compare the dive locations to deployment location numbers. How well do they match the published numbers? e. Physical observations: Describe the number and size of material observed within each patch reef. What is the proximity of individual pieces or modules to eachother. What percent material was damaged or partially damaged? What is the maximum and minimum relief of the site? How do these observations compare to the Material Placement Report Form information submittal? f. Footprint area: Measure the approximate total area covered by each patch reef through standard in situ survey practices. g. Biological observations: Describe any fish observed, or other general biological observations. h. Video and photographs: Provide still and/or video footage of each of the eight patch reefs (digital format preferred when available). 12. Funds from this Agreement may not be expended on salaries, training, or parts replacement or repairs to rented or contractor owned equipment. Documentation of expenses and survey reports must be submitted with the closeout package in order for reimbursement to be made. LIABILITY AND RESPONSIBILITY FOR REEF MATERIALS 13. Upon initiation of the handling and movement of these artificial reef materials by the GRANTEE's subcontractor, all liability, risk of loss and responsibility for the safe handling, storage, transportation and deployment of the materials shall be borne by the subcontractor. This liability, assumption of risk and responsibility shall remain with the subcontractor until the materials are deployed at the permitted reef site in accordance xvith the specifications in this Agreement. AGENDA ITEM' Page 3 of 4, Attachment A MAR 0'9 200~ PAYMENT SCHEDULE 14. The GRANTEE shall be paid on a cost reimbursement basis by the COMMISSION in the form of a single final payment for all allowable costs incurred under this Agreement following satisfactory completion of the project and submission of all required project close out documentation, no later than the ending date of the Agreement. A timely reimbursement request following completion of actual field operations is strongly encouraged. The GRANTEE shall not be eligible for reimbursement for services performed after June 30, 2004. A final invoice must be received no later than August 15, 2004 to assure the availability of funds for payment. REPORTING, PERFORMANCE, AND PUBLICATIONS 15. Written or electronically transmitted progress reports must be sent to the COMMISSION's Contract Manager at no less than 60 day intervals beginning from the date of execution of this agreement. 16. A final field report providing the designated observer's narrative of the reef deployment operation is required prior to reimbursement. The field report shall include a written chronology and narrative describing the deployment. The.final field report should include video footage or photographs (underwater and/or surface), if available. 17. A Materials Placement Report shall be submitted to the COMMISSION's Project Manager within 30 days of field operations completion. The Materials Placement Report shall reflect an accurate material tonnage for the reef deployed as well as a detailed description of the type, number, dimensions and individual weights of the various sizes of reef materials deployed. This information may be submitted on the materials placement report in lieu of taking loaded and unloaded barge measurements. If accurate individual weights of units cannot be obtained or are not known, barge displacement measurements are required. The GRANTEE's Project Manager or GRANTEE employed designee shall then record the waterline length, width and draft (to the nearest inch) of the loaded barge at all four (4) comers to calculate the average displacement of water due to the weight of the artificial reef materials. The same barge measurements must be taken by either the GRANTEE's Project Manager or GRANTEE-employed designee when the barge returns to shore after the deployment has been completed. These measurements may not be taken while the barge is offshore at the deployment site. The barge measurements are to be included in the Materials Placement Report. 18. Any published articles related to this artificial reef activity should reflect the role of the USFWS Federal Aid in Sport Fish Restoration Program in assisting in the funding of this activity. REST OF PAGE INTENTIONALLY LEFT BL Page 4 of 4, Attachment A ATTACHMENT B Comptroller Contract Payment Requirements Department of Financial Services, Bureau of Accounting and Auditing Voucher Processing Handbook (10/07/97) Cost Reintbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.) Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. Listed below are examples of types of documentation representing the minimum requirements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not requircd to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance xvith Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. charge no more than 5 percent of the total cost of the contract or grant for overhead or indire¢ cost not required for the payment of direct costs. Page I of 1, Attachment B Pursuant to 216.346, Florida Statutes, a contract between state agencies including any contract involving the State University system or the State Community College system, the agency receiving the contract or ;~am :A~I~;I5~ 14~ ' cosL_or any other ATTACHMENT C REQUIREMENTS OF THE STATE AND FEDERAL SINGLE AUDIT ACTS The administration of resources awarded, by the Florida Fish and Wildlife Conservation Commission (Commission) to the Contractor/Grantee (recipient) may be subject to audits and/or monitoring by the Commission as described in this section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Commission staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Commission. In the event the Commission determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Commission staff to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this agreement indicates Federal resources awarded through the Commission by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from Commission. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. In connection with the audit requirements addressed in Pad I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpad C of OMB Circular A-133, as revised. If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). PART I1: STATE FUNDED This part is applicable if the recipient is a non-state entity as defined by Section 215.97(2)(I), Florida Statutes. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $300,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT I to this agreement indicates state financial assistance awarded through the Commission by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance including state financial assistance received from the Commission other state agencies, and other non-stat' ~':':-- financial assistance does not include Federal direct or pass-through awards and resources re [e?~;;~-~l~:)~'~ state entity for Federal program matching requirements. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient sh~ audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes Page I of 3, Attachment C en~ t~ t[i~!) ;ubmission of a /5' financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the recipient expends less than $300,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $300,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). PART II1: OTHER AUDIT REQUIREMENTS None PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A- 133, as revised, by or on behalf of the recipient directly to each of the following: The Commission at the following address: Trevor Phillips, Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 170 620 S. Meridian St. Tallahassee, FL 32399-1600 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A- 133, as revised. Pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Commission at the following address: Trevor Phillips, Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 170 620 S. Meridian St. Tallahassee, FL 32399-1600 Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: The Commission at the following address: Trevor Phillips, Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 170 620 S. Meridian St. Tallahassee, FL 32399-1600 Page 2 of 3, Attachment C AGENOA ITE.~ MAR 0 '9 The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 Any reports, management letter, or other information required to be submitted to the Commission pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor G.eneral, as applicable. Recipients, when submitting financial reporting packages to the Commission for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. Contact the Commission's Audit Director, Trevor Phillips, by phone at (850) 488-6068 or by email at trevor.ph II ps~,fwc.state.fl.us PART IV: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Commission or its designee, Comptroller, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Commission or its designee, Comptroller, or Auditor General upon request for a period of five (5) years from the date the audit report is issued, unless extended in writing by the Commission. REST OF PAGE INTENTIONALLY LEFT BLANK Page 3 of 3, Attachment C A~A I'F'J~. EXHIBIT - I FEDERAL FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Agency: Federal Program: CFDA Number: State Agency: State Program: Recipient: Amount: U.S. Fish and Wildlife Service Federal Aid in Sport Fish Restoration Program 15.605 Florida Fish and Wildlife Conservation Commission Division of Marine Fisheries Artificial Reef Grants Program Collier County $18,750.00 (75% of total project amount of $25,000) COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL FUNDS AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: 1. Only the goods and/or services described within the attached Agreement and Attachment A are eligible expenditures for the funds awarded. 2. All provisions of Section 370.25, Florida Statutes and Rule 68E-9, Florida Administrative Code must be complied with in order to receive funding under this Agreement. 3. The Grantee must comply with the requirements of all applicable laws, rules or regulations relating to this artificial reef project. STATE FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING FUNDS FOR FEDERAL PROGRAMS*: State Agency: State Program: State Funding Source: *Federal Agency: *Federal Program: *CFDA Number: Recipient: Amount: Florida Fish and Wildlife Consemation Commission Division of Marine Fisheries Artificial Reef Grants Program Marine Resource Conservation Trust Fund U.S. Fish and Wildlife Service Federal Aid in Sport Fish Restoration Program 15.605 Collier County $ 6,250 (25% of total project amount of $25,000) SUBJECT TO SECTION 215.97, FLORIDA STATUTES (Florida Single Audit Act): None - State funds are for Federal Match only. COMPLIANCE REQUIREMENTS APPLICABLE TO THE STATE FUNDS AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Same as federal NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97, Florida Statutes, require that the information about Federal and State projects included in Exhibit I be provided to the recipient. Page 1 of 1, Exhibit 1 AGENDA ,STATE GRANT PROGRAMS 1.1 Purpoaa, The purpose pi this chapter is to summarize guidar, c~ cn those requirements generally applicable to grant programs. 1.2 Applicability and Scope, In accepting Federal lunds, States and other grantees must comply with all applicable Federal laws, regulations, and policies. '[his chapter is not all-inclusNe- 'ExClusion pi any specific requirement does not relieve grantees pi their responsibility tot compliance. Copies o( reterenca materials can be obtained irom the Regional Offices. GJidance on the tollowing requirements is contained in this chapter. ~.. Nondiscrimination Requirements, Title VI pt the Civil Rights Act pi 1964 Section 504 of the Rehabilitation Act pt 1973 Age Discrimination Act pt t975 Title I× pt the Education Amendments pi 197'~ B. Environmental Requirements. Coastal Zone Management Act of 3972 . Executive Order 11987, Exotic Organisms Endangered Species Act of t 973 National Environmental Policy Act pt t 969 {NEPA) Floodplains.and Wetlands Protection Animal Weitare Act of 1965 Coastal Barrier Resources Act of 1982 C. Historic and Cultural Preservation Requirements. - National Historic Preservation Act pi 1966 O. Administrative Requirements. Unitorm Relocation Assistance and Real Property Acquisition Policies Act of 1970 . Debarment and Suspension Drug. Free Workplace Act pi 1988 Restrictions on Lobbying (P.L. 101-121) 1.3 Title VI of the Civil Rights Act pi 1964 (42 U.S.C. 2000(d)). A, Summery. Prohibits discrimination based on race, co,or, or national origin in any 'program or activity receiving Federal financial assistance..' B, References. {1) Regulations pi the Department pt the Interior ~43 CFR Part iT) (2) U.S. Fish and Wildlile Service Guidelines tot Compliance with Federal Nondiscrimination Requirements (3) U.S. Fish'and Wildlile Ser'~ice Federally Assisted Program Implementation Plan C. Requirements, (1) Grantees may not, on the basis cf race, cc)or, or. national origin, select, locate, or operate proiect tacitities which will serve to exclude or limit opportunity tot use or benefits. (2) Grantees shall make reasonable efforts to inlorm the public pt opportunities provided by Federal Aid projects and shall iniorm the public that the pro)acts are subject to Title Vi compliance. (3) Though employment practices are not in themselves subiect to Title VI, Title VI does apply to employment which may affect the delivery o! services to beneficiaries pi a federally assisted program. For the purpose of Title Vt, volunteers or other unpaid persons who provide services to the public are included. 1.4 Section ~04 of the Rehabilitation Act of 1973 (.29 U.S.C. 795) A. SummaP/. Ensures that no qualified handicapped person shall, on the basis pi handicap, be excluded lrom participation in, be denied the benefits ot, or be subiected t~. discrimination under any program or activity receiving Federal financial assistance. B. References, (1) Regulations pt the Department of the Interior (43 CFR Part 17) (2) U,S. Fish and Wildlife Service Guidelines tot Compliance with Federal Nondiscrimination Requirements {3) U.S. Fish and Wildlife Service Federally Assisted Program Implementation Plan C. Requirements. (1) Grantees may not deny a qualified handicapped person the opportunity to participate in or l:)§t~eiit lrom Federal Aid proiect facilities or services afforded to others. (2) Grantees may not deny a qualified handicapped person the opportunity to participate as a member pi a planning or advisory board. (3) The location pi facilities shall not have the effect of excluding handicapped persons Ifps, deny them the benefits ol, or otherwise subiect them to discrimination under any Federal Aid proiect. 1,5 Age Discrimination Act of 19' (42. I~,e~:~I:~1~1'' ' Pg'. ATTACHMENT E CERTIFICATION REGARDING DEBARMENTS, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION-LOWER TIER FEDERALLY FUNDED TRANSACTIONS Required for all contractors and subcontractors on procurement (vendor) contracts of $100,000 or more, and for all contracts and grants with sub-recipients regardless of amount, when funded by a federal grant. The undersigned hereby certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. The undersigned also certifies that it and its principals: (a) Have not within a three-year period preceding this response been convicted of or had a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State anti-trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. (b) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 2.(a) of this Certification; and (c) Have not within a three-year period preceding this certification had 'one or more public transactions (Federal, State or local) terminated for cause or default. Where the undersigned is unable to certify to any of the statements in this certification, an explanation shall be attached to this certification. Dated this day of ,20__ By: Authorized Signature/Contractor Typed Name/Title Grantee Name/Contractor Name Street Address Building, Suite Number debar.226/rev. 12/00 City/State/Zip Code Area Code/Telephone Number Page I of 2, Attachment E (F INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION- LOWER TIER FEDERALLY FUNDED TRANSACTIONS By signing and submitting this form, the certifying party is providing the certification set out below. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the certifying party knowingly rendered an erroneous cedification, in addition to other remedies available to the Federal Government, the Florida Fish and Wildlife Conservation Commission (FWC) or agencies with which this transaction originated may pursue available remedies, including suspension and/or debarment. The certifying party shall provide immediate written notice to the person to which this contract is submitted if at any time the certifying party learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this contract is submitted for assistance in obtaining a copy of those regulations. The certifying party agrees by submitting this contract that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier contract, or other covered transaction with a person who is debarred, suspended, declared ineligible, or ,;,oluntarily excluded from participation in this covered transaction, unless authorized by the FWC or agency with which this transaction originated. The certifying party further agrees by executing this contract that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all contracts or lower tier covered transactions and in all solicitations for lower tier covered transactions. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the cedification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List (Telephone No. (202) 501-4740 or (202) 501-4873.) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the FWC or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. debar. 226/rev. 12/00 Page 2 of 2, Attachment E (Pa~)l~dvi /~ MAR 0 9" -', EXECUTIVE SUMMARY BOARD APPROVAL TO REJECT BID RECEIVED UNDER BID "CLEARING, GRUBBING, TREE TRIMMING& REMOVAL SERVICES" # 04-3595 OBJECTIVE: To assist the Road Maintenance Department in establishing a contract for Clearing, Grubbing, Tree Trimming & Removal Services within the County and State Right-of- Ways. CONSIDERATIONS: This bid was posted on December 24, 2003, in the lobby of the Purchasing Building with eighty-seven (87) notices being sent to firms who provide these services and ten (10) of those firms requesting full packages. One (1) response was received by the due date of January 14, 2004, as shown in the enclosed bid tabulation. After preliminary review of Bid # 04-3595 by the Supervisor of Road Maintenance Contracts and Projects and staff, and then contacting vendors who specialize in this specific field, the Collier County Road Maintenance Department believes the posting date of the bid on December 24, 2003 and due date of January 14, 2004 were significant factors resulting in only one bid. Road maintenance staff's previous experience has found that awarding to only one vendor (Primary) instead of (Primary and Secondary) for the many maintenance activities that we are responsible for, are not the most cost effective way to award said contract and usually results in higher maintenance activity cost to Collier County. It is Staff's recommendation to reject the bid received, and re-solicit for said services. FISCAL IMPACT: There is no fiscal impact associated with this action. GROWTH MANAGEMENT PLAN: There is no Growth Management impact associated with this action. RECOMMENDATION: That the Board of County Commissioners reject the bid received under Bid #04-3595 and allow for re-soliciting of these services at a future date. ^C-~NDA ITEM '9 200,, pg. X SUBMITTED BY: REVIEWED BY REVIEWED BY: Steve Date: & Projects Date: Transportation Maintenance trc~a~ng/GS DirectOr Date: APPROVED BY: No Transportation Administrator MAR 0 9 200~, 200~ EXECUTIVE SUMMARY APPROVE A DONATION AGREEMENT FOR THE ACQUISITION OF A PERPETUAL, NON- EXCLUSIVE EASEMENT, WHICH IS REQUIRED FOR THE PURPOSE OF CONSTRUCTING AND MAINTAINING A SIDEWALK ALONG THE NORTH SIDE OF THE COCOHATCHEE CANAL, ACROSS TRACTS "B" AND "C" OF CARLTON LAKES UNIT ONE, ACCEPT THE CONVEYANCE OF SAID EASEMENT, AND AUTHORIZE THE PAYMENT OF SOUTH FLORIDA WATER MANAGEMENT DISTRICT PERMIT APPLICATION FEES. ESTIMATED FISCAL IMPACT: $330.00. PROJECT 69081 WBS 1 OBJECTIVE: To obtain the approval of the Board of County Commissioners of a Donation Agreement for the acquisition of a sidewalk easement which is required for the construction and maintenance of a sidewalk along the north side of the Cocohatchee Canal on the property known as Tracts "B" and "C" of Carlton Lakes Unit One, as well as the approval and authorization of the Board to pay the application fee in the amount of $300 required to obtain a permit from the South Florida Water Management District. CONSIDERATIONS: As part of the Collier County Traffic Operations and Alternative Transportation Modes Department, it has been determined that it is necessary to construct and maintain a sidewalk upon and across Tracts "B" and "C" of Carlton Lakes Unit One, owned by the Carlton Lakes Master Association, Inc. (Carlton Lakes). Carlton Lakes has negotiated a contract for professional engineering services with the firm of Agnoli, Barber and Brundage, Inc. (AB&B) for the design of the sidewalk. AB&B has produced a 100% design plan which shows the need for additional easements for the installation of the sidewalk. Carlton Lakes has agreed to donate the required easements for the installation and has agreed to pay for the installation of the sidewalk as long as Collier County agrees to maintain the sidewalk and easement area after it is constructed. In conjunction with obtaining the Donation Agreement and Sidewalk Easement from Carlton Lakes, staff must secure permits from the South Florida Water Management District (SFWMD) for the location of the sidewalk. It is the desire and the intent of the County, Carlton Lakes and SFVVMD that SFVVMD approve the Right-of-Way General Permit Application. A portion of the area between the existing Cocohatchee Canal and the top of the bank must be utilized for the construction of the sidewalk. The sidewalk will not hinder the access to the canal for SFWMD maintenance. It is the recommendation of staff that it is necessary and in the public's best interest to acquire the interests in real property specified on the attached Donation Agreement and Sidewalk Easement, apply for the SFWMD General Permit, have the sidewalk constructed and accept maintenance responsibility for the sidewalk after it is installed. Ar,,l~JU r~ z~...ITl= M NO.~ .1[~ ~)~.~- _ F4AR 0 9 200 pg. Page 2 of 2 FISCAL IMPACT: The Sidewalk Easement and the SFWMD General Permit will be recorded in the public records at a total cost of $30.00 in recording fees. The permitting fee for the SFWMD General Permit is an additional $300.00. Therefore the total cost of this acquisition is $330.00. Funds are available in FY 04 budget. Source of funds are Gas Taxes. GROWTH MANAGEMENT IMPACT: The sidewalk is being proposed to protect the safety of the citizens of Collier County. Thus, the recommendation is consistent with the County's long range planning efforts. RECOMMENDATIONS: That the Board of County Commissioners of Collier County: 1. Approve the attached Donation Agreement and authorize its Chairman to execute same on behalf of the Board. 2. Authorize the payment of $300 to SFWMD for issuance of the required permit. 3. Accept the conveyance of the easement and authorize staff to record same in the public records of Collier County, Florida. 4. Accept maintenance responsibility for the sidewalks after they are installed. $ U BMITTED (.I-~ine LantzlRi'gl~{-Of-W~Y) Coordinator Transportation / ECM / ROW REVIEWED,,~evB '"'T-in-'~J~en~d~,r~ks, Right-o'iW~y Acquisition Date: ~'- ~',~-C;l~ ~~ Manager Trans'portation / ECM / ROW REVIEWED BY: _ ~ Gregg R. Strakaluse, P.E., TECM Director Date: Traffic O APPROVED BY: /~ Norman Transp¢ Tran~,,~.ation / Engineering and Construction Management Department REVlEWEDBYI~)ianeEI.~Fila\gg,~ Director Date: ~/~b,/~"~ ~erations and Alternative Transportation Modes Department :eder, AICP, Administrator -ration Services Division Date: .~-munA. ITEM No.~~.~ MAR 09 2004 Pg. ,~ Prepar¢~ b): Ellen T. Chad~ell, Esquire Office ~f th~ Count~ Attoc~ey 3301E~st Ta~..ta~t Tretl Naples, Flortd~ 3411~ (~1) 7?¢-8400 SIDEWALK EASEMENT THIS EASEMENT is made and entered into this ~ day of 2003, by Carlton Lakes Master Association, In¢., a Florida not-for-profit corporatior~ whose mailing address is 6025 Carlton Lakes Blvd., Naples, FL 34110 (hereinafter referred to as "Grantor"), and COLLIER COUNTY, a political subdivision of the State of Florida, having a mailing address of 3301 Tamiami Trail East, Naples, Florida 34112, its successors and assigns (hereinafter referred to as "Grantee"). (Wherever used herein, the terms "Grantor" and "Grantee" include all padies to this instrument and their respective heirs, legal representatives, successors and assigns. Grantor and Grantee are used for singular or plural, as the context requires.) WITNESSETH: THAT Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and s iff cienny of which is ............. ~j~u, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non-exclusive easement for the purpose of construction and maintenance of a sidewalk upon and across the following described lands located in Collier County, Florida, to wit: Tract "B", and the North 20 feet of the East 1,600 feet of Tract "C" Carlton Lakes Unit One, according to the plat thereof, Recorded in Plat Book 26, Pages 65-72 of the public records Of Collier County, Florida. Subject to easements, restrictions, and reservations of record. TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter upon said land, place, excavate, and remove materials for the purpose of ............ ~, and maintaining a sidewalk thereon, with the express provision that Grantee shall use its best efforts to locate the sidewalk within Tracts "B" and '%" so as to minimize disruptions to existing landscaping and irrigation, and that Grantee shall, at its sole expense, repair and / or modify the irrigation lines and sprinkler heads in lhe area where the sidewalk crosses Tracts "B" and "C" so that uniform coverage of sod and shrubs is restored upon the completion of sidewalk construction. The easement granted herein shall constitute an easement running with the land and shall burden the lands described above. MAR 0 9 200 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above ,vritten. WITNESSES: '(',~nature) (Print Name) (Signature) (Print Name) CARLTON LAKES MASTER ASSOCIATION, iNC., ~,,Iorida not-for-profit corporation - CPresi~en~n~Vice Pre,~'i~'.~ 6025 Carlton Lakes Blvd. Naples, FL 33942 STATE OF COUNTY The foregoing Sidewalk Easement was acknowledged before me this day of ~-.,~Ed~-~.,~/E_ ,2003, by t~L-,,q-,',3 t~-~- (i C-./¢Vz¥ as /'~,Z ~-~ r~E/,..'-r- of the Carlton Lakes Master Association, inc., a Florida not for profit corporation, who: __~is personally known to me OR produced as proof of identity. (Signature of Notary Public) (Print Name of Notary Public) Serial / Commission # (if any): PO~ 02-'5¢7/¢ My Commission Expires: /t;.'/~-/~"7 Approved as to form and ..~.a I sufficiency.~.l/ Ellen T. Chadwell Assistant County Attorney AG.F__.N.D~ITEM ( b, MAR O 9 200h DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this __ day of 200 , by and between Carlton Lakes Master Association, Inc., a Florida not-for-profit corporation, whose mailing address is 6025 Carlton Lakes Blvd., Naples, Florida 34110, (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, (hereinafter referred to as "County"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112. WITNESSETH: WHEREAS, County has requested that Owner convey to the County a perpetual, non- exclusive easement for the purpose of public sidewalk over, under, upon and across the lands described in Exhibit "A" (said easement hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; WHEREAS, Owner desires to convey the Property to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Owner recognizes the benefit fo Owner and desires to convey the Property to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Properly requested by County; and NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($I0.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Property via an Easement to County at no cost to the County, unless otherwise stated herein. 2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to County on or before the date of Closing. 3. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date County executes this Agreement; provided; however, that County shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting Cour, ty's enjoyn-,ent of the Property. 4. Owner is aware and understands that this Agreement is subject to the accepiance and approval by the Board of County Commissioners of Collier County, Florida. 5. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have 'been generated, stored, treated or transferred on the Property except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be conveyed to the County, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien Donation Agreement AGENDA LTEM No... HAE O 9 200 Pg. d against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. Owner shall indemnify, defend, save and hold harmless the County against and from, and to reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asseded against the County by reason or arising out o! the breach of Owner's representation under Section 5. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. The County shall pay for all costs of recording the conveyance instrument, and recording costs .for any curative instruments, in the Public Records of Collier County, Florida. County shall be responsible for paying any costs and/or fees associated with the securing and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the Property from the mortgagee(s). All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes shall be borne and paid by Owner. 8. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the padies hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 9. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 10. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Properly before the Property held in such capacity is conveyed to County, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 11. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. AS TO COUNTY: DATED: ATTEST: DWIGHT E. BROCK, Clerk ,Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Donna Fiala, Chairman Donation Agr eea~en~ AG E N._DA ~I. zTEM .o._ I.L¢ HAR 0 9 200 Pg. ~ AS TO OWNER DATED: Attest: (Signature) (Print Full Name) (Signature} (Print Full Carlton Lakes Master Association, Inc., a Florida pot;for-profit corporation , ,i. ~ ~O ~'./ President / ~N Printed name and title Approved as to form and Le~ sufficiency: . Ellen Chadwell Assistant County Attorney Donation Agreemen5 A~ENDA/~EM MAR 0 9 200~ pg. i//-WESTERLY LINE OF SECTION 19-48-25 ./ %---m~Cr "A" o~>~ ~o AGENDA I~AR 0 9 200~ I Pcj. { - EXECUTIVE SUMMARY APPROVE SUPPLEMENTAL AGREEMENT NO. 9 FOR PROFESSIONAL DESIGN SERVICES BY HOLE MONTES, INC., FOR THE IMMOKALEE ROAD SlX-LANING PROJECT FROM U.S. 41 TO 1-75, COUNTY PROJECT NO. 66042, BID NO. 00-3057. FISCAL IMPACT: $224,905.00 OBJECTIVE: To obtain approval from the Board of County Commissioners of the negotiated Supplemental Agreement No. 9 for Professional Engineering Design Services by Hole Montes, Inc., for the Immokalee Road six-laning project from U.S. 41 to 1-75. CONSIDERATION: On January 9, 2001, the Board of County Commissioners awarded a Professional Engineering Design contract to Hole Montes, Inc., for the Immokalee Road six- laning project. Since inception of the design process for this project, Hole Montes has worked closely with South Florida Water Management District (SFWMD) to develop a stormwater drainage design that Would meet the permitting requirements of the SFWMD. Due to the lack of available adjacent land for water management pond sites, the initial requirements of the SF~ included the use of exfiltration trenches with Stormceptor pretreatment as the methc~d to achieve water quality for the project. In light of these requirements, Hole Montes included these elements into the drainage design for Immokalee Road. Subsequent to the design of the water management system described above, the SFWMD has since determined that the use of exfiltration trenches on roadway projects is not the best option to achieve the desired water quality and, therefore, they are no longer requiting the project to include exfiltration trenches in the design. Although, the elimination of exfiltration trenches from our roadway design project constitutes a large part of Supplemental Agreement No. 9 fees, the savings to the project construction costs will be in excess of $2.5 million. Construction time of the project will also be reduced by several months with the elimination of the exfiltration trenches. Although, this matter could have been included on the Board of County Commissioners' monthly approval of Change Orders and Supplemental Agreements under 10% of the contract amount, the Transportation Engineering and Construction Management (TECM) Department wanted to share the details of this "good news" item with the Board. This supplement further includes survey and design changes necessary to update the plan. Since the original survey for the project was conducted in 2001, there have been several new developments constructed along the corridor that will affect our roadway design. Additional design elements from the Public Utilities Engineering Department, the TECM Right-of-Way Section and the Transportation Operations Depashnent have been requested and they, too, are included in this supplement. so SCAL_ IM~PAC....~T: Funds in the amount of $224,905 are available in the FY 2004 budget. urce of funds are gas taxes and impact fees. AG, E~Nq~ ITeM No.~ MAR 0 9 200 GROWTH MANAGEMENT EVIPACT: This Capital Improvement Element (CIE #6) is consistent with the Transportation Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida, approve Supplemental Agreement No. 9 to Hole Montes, Inc., in the amount of $224,905.00, for Project No. 66042. SUBMITTED BY: Dale A. Bathon, P.E., Principal Project Manager Transportation Engineering and Construction Management REviEwED BY: ~ D~ec~or~/~//~ DATE: Stev~ C~arnell, Gregg R. Strakaluse, P.E., Director APPROVED BY: Construction Management Tranitl?brtation Services Division APPROVED BY: DATE: MAR 0 9 200 Pg- ~_ IMMOIC~LEE ROAD SIX-LANING DESIGN PROJECT SUPPLEMENTAL AGREEMENT NO. 9 TO PROFESSIONAL ENGINEERING SER'v'ICES AGREEMENT Project No. 66042 S/A No. 9 THIS SUPPLEMENTAL AGREEMENT. made and entered into this __day of 2004, by and between the Board of County Commissioners, Collier County, Florida, a political subdivision of the State of Florida, hereinafter called the COUNTY, and Hole Montes, Inc. of 6202-F Presidential Court, Fort Myers, Florida 33919, duly authorized to conduct business in the State of Florida, hereinafter called the CONSULTANT. WITNrES SETH WHEREAS, the COUNTY and CONSULTANT heretofore on 9 January 2001 entered into an Agreement whereby the COUNTY retained the CONSLrLTANT to furnish certain consulting services in connection with proposed construction of Immokalee Road Six-Ianing Improvements, U.S. 41 to 1-75, County Project No. 66042; and, WHEREAS, the County desires to modify the terms of said Agreement, and toward that end it is necessary to have the CONSULTANT provide additional design services for the Project, said services more fully described in the amendments thereto; NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, parties agree as follows: CONSULTANT shall provide to COUNTY Professional Engineering Services in accordance with the Scope of Services letter dated February 16, 2004. COUNTY agrees to compensate CONSULTANT for additional services rendered hereunder as prescribed in Attachment 1, as attached hereto. Contract fee adjustments are as follows: 2.1 Original Maximum Contract Fee 2.2 SIA N. os.l, 2, 3, 4, 5, 6, 7 and 8 2.3 S/A No. 9 Revised'Contract Fee = $1,973,375.00 = $ 488,780.00 = $ 224,905.00 = $2,687,060.00 The schedule for the design of the lmmokalee Road Six-Laning Improvements, County Project No. 66042 shall be revised as follows: For each task, the schedule for completion from receipt of a written notice to proceed is provided below in calendar days. TAS_K COMPLETION ThM. E Task 2.00 21 Calendar Days Tasks 7.00, 9.00, i0.00, 11.00, 12.00, 13.00, 14.00, 15.00 and 16.00 90 Calendar Days 100% and FINAL SUBMITTAL SCHEDULE The completion Of the tasks enumerated above will culminate in a 100% submittal of plans and technical specifications. Final plans and technical specifications suitable for bidding will be provided within 30 calendar days of receipt and resolution of any and all comments received from Collier County which pertain to the 100% submittal. The revised and current lump sum contract amount as stated above includes costs for overhead, fringe benefits, out-of-pocket expenses, profit margin, and all other direct and indirect costs and expenses. Except as hereby modified, amended, or changed, all of the terms and conditions of said original Professional Engineering Services Agreement shall remain in full force and effect. Page 1 of 2 No. MAR 0 9 200 Project No. 66042 S/A No. 9 IN WITNESS WHEREOF. the parties hereto ha/e caused these presents to be executed the day and .,.,ear first above written. AS TO THE BOARD OF COUNTY COMMISSIONERS: Dale A Bathon, P.E.. Principal Project Manager BY: Gregg Strakaluse, P.E.. Director, Transportation Engincenng & Construction Management Department A PPROVEDBY: ._ ~. ~z'/~ DARE: Steve/qamell, l~irector, Purchasing'General Services APPROVED BY: DATE: ____/,~" Norman E. Feder, AICP, Administrator, Traliportation Services Division AS TO THE CONSULTANT: HOLE MONTES, INC. Senior Vice President/Principal tCORPORATE SEAL) Paoe 2 of 2 AQEI~I~A ITEM HAR 0 9 200q Pg. 4 HOLE MONTES ENGINEERS. PtANIFF. RS. SURVEYORS 6202-I: Presidential C, ou~ · Fort Myers, Florida 33919 · Phone: 239.985.1200 · Fax: 239.985.1259 February 16, 2004 Mr. Dale A. Bathon, P.E. Collier County TE & CMD 2675 South Horseshoe Drive, Suite 401 Naples, FL 34104 RE: IMMOKALEE ROAD - U.S 41 TO 1-75 COM.IER COUNTY PROJECT NO. 66042 PROPOSED SUPPLEMENTAL AGREEMENT NO. 9 HM FILE NO. 2000.067-1700 Dear Mr. Bathon: Hole Montes, Inc. (HM) is pleased to submit this proposal to Collier County for providing professional engineering services for revisions to the current design for the referenced project. Generally, these services include: · Immokalee Road The eliminati°n of exfiltrafion trenches in accordance with conceptual agreement with the SFWMD. Realignment of approximately 1,400 linear feet of the roadwaY in the area of' Veterans Park to reduce right-of-way requirements at the southwest comer of ,the Immokalee Road/Veterans Park entrance intersection. Revise the median opening on Airport-Pulling Road at Sam's Club/Greentree Center from a full opening to opposing directional lefts. Add opficom equipment, count down pedestrian signals and video vehicle detection to all traffic signals within the project limits. Provide additional legal descriptions and sketches and/or revisions for temporary construction easements. Revise right-of-way plans to accommodate future changes to parcel takes or temporary construction easements. Obtain new design survey data and revise plans for changed conditions along the project corridor for locations immediately' east of Sam's Club, Bermuda Palms, the modified left turn lane to Windsong and the development south of Immokalee Road opposite Strand Boulevard. Revise storm sewer system to accommodate pigging station at west end of project. Modify technical specifications to accommodate 2004 FDOT standard specifications and revised Collier County utility specifications. The purpose of the above revisions is to accommodate necessary changes and revis'K)ns to the design that have arisen since the second submittal of 90% plans in April 2003. These necessary revisions have resulted from direction from the County (opticom, countdown peds, roadway realignment to accommodate changed right-of-way conditions at the southwest comer of the Veterans Park entrance road), changes along the corridor due to new development and conceptual agreement with the SFWMD to eliminate the proposed exfiltrati~ conceptual agreement to eliminate the exfiltration trenches was obtained a SFWMD officials on October 15, 2003. It is estimated that the elimination of ex ~ result k3a constmction~co~t savings of approximately 2.5 million dollars. Mr. DaJe A. Bathon, P.E. February 16, 2004 Page 2 of 6 Accompanying this letter is a memorandum dated February 16, 2004 with 13 exhibits which provides a perspective on the reasons for initially proposing exfiltration trenches with stormceptor pretreatment as the method to achieve water quality for the project. Exhibit 13 (e- mail correspondence from Ricardo Valera to Walt Gilcher dated February 8, 2004) is included with the memorandum which provides concurrence from the SFWMD that the exfiltration trenches should be eliminated from the design. These services are more specifically described below and will be provided in accordance with our current agreement for professional services, dated January 9, 2001, 1. SCOPE OF SERVICES · TASK 2.00 - ENGINEERING DESIGN SURVEY Subtask 2.01 - Desi,qn Survey - Chan,qed Conditions Alonq Corridor New topographical design survey data and new design cross sections along Immokalee Road east of Sam's Club, at Bermuda Palms, the left-turn lane to Windsong and the south side of Immokalee Road opposite Strand Boulevard will be obtained. · TASK 7.00 - ROADWAY PLANS sUbtask 7.01 - Revise Plans - Immokalee Road at Veterans Park Revisions to the current roadway plans will consist of shifting approximately 1,600 feet of the roadway alignment, east and west of the entrance road to Veterans Park. Plan revisions will be required in the realigned segment to the project layout drawing, typical section drawings, plan drawings, profile drawings, drainage structure summary, drainage structure drawings, cross section drawings and maintenance of traffic (MOT) drawings. In addition, revisions and additions to pay item quantity calculations and revisions to the engineer's estimated construction cost will be required. Subtask 7.02 - Revise Plans - Airport-Pullin.q Road Median at Sam's Club/Greentree Canter Revisions to the roadway plans will consist of providing opposing directional left turn lanes to replace the currant full median opening at this location. Plan revisions will be required to the plan drawings. In addition, revisions and additions to pay item quantity calculations and revisions to the engineer's estimated construction cost will be required. Subtask 7.03 - Revise Plans - Chanqed Conditions W:~00~-n0{XX)67~SA No. 9~!b040121Rev040216.doc Revisions to the current roadway plans will consist of showing changed existing conditions at locations east of Sam's Club, modified turn la~ Strand(AIberts°n's)'Boulevard.Bermuda Palms and the south'side of Imm°kalel, I Ft i HAR 8 9 200 t Mr. Dale A. BaUx)n, P.E. February 16, 2004 Page3 of 6 Plan revisions will be required in these segments to the plan drawings, profile drawings, cross section drawings, stormwater pollution prevention plans (SWPPP) and MOT drawings. In addition, revisions and additions to pay item quantity calculations and revisions to the engineer's estimated construction cost will be required. Subtask 7.04 - Revise Plans - Eliminate Exfiltrafion Trenches Revisions to the current roadway plans will consist of eliminating the exfiltration trenches form the roadway storm sewer system and relocating the stormceptor BMP units. Plan revisions will be required in the realigned segment to plan drawings, profile drawings, drainage structure summary, drainage structure drawings, cross section drawings, SWPPP plans and MOT drawings. In addition, revisions and additions to pay item quantity calculations and revisions to the engineer's estimated construction cost will be required. . Subtask 7.05 - Revise Plans - Piq.qin.q Station Revisions to the current roadway plans will consist of. modifying the storm sewer system to accommodate a planned pigging station at or near roadway Station 1132+50. Plan revisions will be required to the plan drawings, profile drawings, drainage structure summary, drainage structure drawings and cross section drawings. In addition, revisions and additions to pay item quantity calculations and revisions to the engineer's estimated construction cost will be required. · TASK 9.00 - COUNTY UTILITY RELOCATION PLANS (WATER) Subtask 9.01 - Revise Plans - Eliminate Exfiltration Trenches Modifications to the current County water line plans resulting from the elimination of exfiltrafion trenches. Subtask 9.02 - Revise Plans - Immokalee Road at Veterans Park Modifications to the current County water line plans resulting from the realignment of the roadway. TASK 10.00 - COUNTY UTlUTY RELOCATION PLANS (FORCE MAIN, REUSE) Subtask 10.01 - Revise Plans - Eliminate Exfiltration Trenches Modifications to the current County force main and reuse line plans resulting from the elimination of exfiltration trenches. Subtask 10.02 - Revise Plans- Immokalee Road at Veterans Park Modifications to the current County force main and reuse line plan~ the realignment of the roadway. W:~2000~2000067~SA No. 9~db040121Rev040216.doc - AG,I~N~A ITEM · NO. '. {[~/'~'3 .::~ resu }{ dT2oo Mr. Dale A. Balhon, P.E. February 16, 2004 Page 4 of 6 TASK 11.00 - RIGHT-OF-WAY PLANS Subtask 11.02 -- Final Riqht-of-Wa¥ Plans Revise right-of-way plans to accommodate anticipated changes at Goodlette-Frank Road, Pamu Street and the Veterans Park entrance road. Subtask 11.03 -- Le~l. al Descriptions and Parcel Sketches The revised scope for this task in the odginal agreement is based on providing a maximum of 80 legal descriptions and parcel sketches and 40 revisions to the legal descriptions and parcel sketches. The number of legal descriptions and parcel sketches has increased from 80 to 88 and the number of revisions has increased from 40 to 51. TASK 12.00 - SIGNALIZATION PLANS Subtask 12.01 - Revise Plans- Veterans Park Intersection The signalization plans will be revised as necessary to accommodate the geometric changes to the intersection resulting from the realignment of the roadway at this location. Subtask 12.02 - Revise Plans - Add Video Vehicle Detection Video vehicle detection equipment will be added to all new/modified traffic signals within the project limits. This revision does not apply to the existing traffic signals at U.S. 41, Livingston Road or the 1-75 ramps. Subtask 12.03 - Revise Plans - Add Opticom Equipment and Countdown Pedestrian Si.qnals Opticom equipment and countdown pedestrian signals will be added to all new/modified traffic signals within the project limits. This revision does not apply to the existing traffic signals at U.S. 41, Livingston Road or the 1-75 ramps. TASK 13.00 - LIGHTING PLANS Subtask 13.01 - Revise Plans - Veterans Park Intersection The lighting plans will be revised as necessary to accommodate approximately 1,600 feet of the roadway realignment at this location. In addition to plan revisions, reevaluation and/or revisions to the luminafion analysis, spacing arrangements, voltage drop calculations, pay item quantity calculations and the engineer's estimated construction cost will be required. W:~c'(X)0~X)067~SA No. 9~b040121 Rev040216.doc No.,_. _ .~ HAR 0 9 200 . Mr. Dale A. Bath(m, P.E. Fet:mJary 16, 2004 Page 5 of 6 o TASK 14.00- SIGNING AND PAVEMENT MARKING PLANS Subtask 14.01 - Revise Plans - Veterans Park Intersection The signing and pavement marking plans will be revised as necessary to accommodate approximately 1,600 feet of the roadway realignment at this location. In addition to plan revisions, pay item quantity calculations and the engineer's estimated construction cost will be required. Subtask 14.02 - Revise Plans - Airport-Pullin.q Road at Sam's Club/Greentree Center The signing and pavement marking plans will be revised as necessary to accommodate the revised median opening at this location. In addition to plan revisions, pay item quantity calculations and the engineer's estimated construction cost will be required. TASK 15.00 - Permits . Subtask 15.01 -. Environmental Resource Permit (ERP) Revisions'- Eliminate Exfiltration Trenches The ERP permit submittal package will be revised to reflect the elimination ,of exfiltration trenches.. Subtask 15.02 - Bi.q Cypress Basin (BCB) Right-of-Way (SFWMD) Permit Revisions - Eliminate Exfiltrafion Trenches The R/W permit submittal packages for the Cocohatchee Canal and the Airport Road Canal will be revised to reflect the elimination of exfiltration trenches. · TASK 16.00 - Submittal Documents Preparation Subtask 16.01 - Roadway Technical Specifications The technical specifications for roadway, signing and pavement marking, signalization and lighting will be revised to incorporate the 2004 FDOT Standard Specifications. Subtask 16.02 - Collier County Utility Technical Specifications The technical specifications for Collier County utilities will be revised to incorporate the revised Collier County Utility Specifications (due in Apdl 2004). 2. SUBCONSULTANTS HM proposes to utilize the sub consultant listed below to provide engineering services for the project as outlined in the scope of service~ · TBE Group, Inc. - Revisions to Signing and Pavement Marking P Plans and Lighting Plans W:~c'O00~3(XX)67~SA No. 9~db040121RevO40216,doc the Drofessional A A.~£M ~ns, Mr. Dale A. Bathon, P.E. February 16, 2004 Page 6 of 6 3. SCHEDULE The tasks described above will be completed within 90 calendar days of receipt of a written notice to proceed and culminate in a submittal of 100% plans and contract documents. Final plans and contract documents, suitable for bidding, will be within 30 days after receipt and resolution of any and all comments received from Collier County pertaining to the 100% submittal. It is anticipated that the revised ERP permit application package and revised BCB RAN permit application packages will be submitted within 60 calendar days of receipt of a written notice to proceed, but no later than at the time of the 100% submittal. 4. FEES AND COMPENSATION HM proposes to complete the tasks described in Scope of Services for a total proposed fee of $224,905.00. A proposed task fee schedule (Attachment 1) provides a breakdown of each proposed task fee. Invoices will be submitted at each month end in an amount proportional to the percentage of actual work completed during the billing period for lump sum tasks. Additional services beyond those described above will be provided only upon written notification and approval from Collier County. 5. ASSUMPTIONS The following assumptions were.utilized in developing the proposed scope and fee. No further changes to alignment or right-of-way, Other than those changes described herein, will be required. This supplemental agreement does not include revisions to the plans which may be necessitated by intersection modifications (westbound dual lefts) at Strand Boulevard resulting from new development on the south side of Immokalee Road. Additional survey work in that area is included since it would be required regardless of whether or not dual left tum lanes are provided at this location. Thank you for the opportunity to submit this proposal. If you have any questions or require any additional information at this time, please call. Very truly yours, MANAGER - HIGHWAY ENGINEERING/ASSOCIATE WFG~j Attachments Robert L. Murray, P.E. David W. Dowling, P.E. Michael R. Clough, P.E. Mark Modjeski, P.E. (TBE Group, Inc.) W:%-o000~O00067~SA No. 9~db040121 Rev040216.doc AGENi)A ITEM MAR 0 9 200 ATTACHMENT 1 SCHEDULE OF PROPOSED FEES FOR COUJER COUNTY PROJECT NO. 66042 ROADWAY RENJGNMENT/EXFILTRATION TRENCH EMMINATION SUPPLEIdENTAL AGREEll/F-NI' NO. 9 1-20-04 Rev 2-10-O4 i HOLE MONTES' SUB HOlE TASK NO. TASK DESCRIPTION i TASK ADMIN FEE-i~ TASK FEE i TYPE' - LABOR i CONSULTANT SUBS MONTE~ COST EXPENSES AMOUNT TASK 2.00 ENGINEERING DESIGN SURVEy I TASK 2. O1 oFBER/dUOA PALMS, ALBERTSON'S AT LIVINGSTON AND SOUTH SIDEiMMOKA~ I=l= AT S'TRANO BOULEVARD) ii LS $ 9,600.00I $ $ , $ 290.00! $ 9,890.0 .TASK 2.04} TOTAL i $ 9,600.00 I $ $ - $ 290.00 t $ 9,890.0 ; ! TASK 7. O1 REVISE PLANS - IM~E ROAD AT VETERANS PARK j LS S 37,600.00 j $ $ $ 1,130.005 38,73~0 FIEVISE PLANS - AIRPORT-I>ULLING ROAD AT S~ i j TASK 7.02 Ct.U~REEI~E C~I~rrER ! LS $ 790.00 $ $ $ 30.00 $ 820.0 l TASK 7.03 REVISE PLANS - CHANGED coNi)rrlcx~ ! LS Is 11,900.00 j $ $ $ 350.005 12,250.0 I'ASK 7.04 REVISE PLA~- ELIMINATE EXFILTRATION TRENCHES ! LS $ 80,600.00 j $ $ $ 2,400.00 $ 83,000.0 '' TASKT.0OTOTAI,. i $ 132,230.00i$ $ $ 3,950.00r$ tASK "'C°UNTY L~3UI~ RELOCATION PfHI~N~ hVATEI~ ' ' I" TASK 9.01 REVISE PLANS - ~NATE EXF,.TRAT~3N TRENCHES !i LS' $ 6,850.00 i $ $ $ 2~O.00t$ 7,050.C TASK e.o~ REVmE PLANS- ~-rERANS PARK i LS $ 2,540.00 [ $ S $ ao. oo $ TASK e.oe TOTAL $ g,39o.o~ i $ ' : $ $ 2~o.0~ T.L~. ~ 110.00 COUNTY uTIulry R~LOCATIO~ p~aN~ (FORCE MW. REUSE'I ! FASK10.O1 :IEVISEPLANS-ELIMINATEEXFILTRATION~S i LS $ 8,850.00!$ $ S 200.00 S 7,050. C ! LS $ 7 600 00 f $ _ $ $ 230.00 $ 7,830.C TASK 10.02 REVISE PLANS -VETERANS PARK i, ' ! ! $ 14,8~e-13 TASK 10-00 TOTAL i $ 14,450.00 $ $ 430.00 TASK ..oo. rr< wAY PL . i ' TASK 11.02 FINAL RIGHT-OF-WAY PLANS i LS $ 1,040.00 $ - $ $ 30.00 $ 1,070.(~ TASK 11.03 LEGAL DESCRFTIONS Ab~ PARCEL SKETCHES' i LS $ 6,525.00 1 $ $ $ $ 6,525.C · TA~K FEE ~A~E~ ON ~ NEW I. LaO~L I~E~IPTIONS ~ID PAI~EL 8KETOIIE~ AT $630 EACH AND 11 REVISlOI~ AT $13~ i · TASK 12,643 B~II~TION ~ i TASK12.01 REVlSESlGNALIZA~3(~PLANS(V=;=RANSPARIq I LS $ 100.00 $ 1,000.00 $ 100.00! $ $ 1~30.C ' TASK12.021ADO VIDEO VEHICI-E DEFECTION TO SIGNALIZATION PLANS i LS $ 400.00 $ 5,650.00 $ 565.00 $ $ 6,61[( LS $ 400.00 $ ~450.00 $ 345.00 $ $ 4,195.¢ TASK 12_03 ad:X) OPT]COMA3OUNT ~ N P EDS TO SIGNALIZATION PLANS I ' rASKI~-00TOTAL ! $ 900.00 $ 10,100.00 $ 1,0 ,.w 'A~"~; NAR 0 9 200 , Immo/x~eeRoadTas~F®es-SA No. 9-040120Rev1 ~ls Page I o¢ 2 ATTACHMENT 1 SCHEDULE OF PROPOSED FEES FOR COLLIER COUNTY PROJECT NO. 66042 ROADWAY REALIGNMENT/EXFILTRATION TRENCH E~ATION SUPPLEMENTAL AGREEMENT NO. 9 1-2o-04 Rev 2-1004 TASK NO. TASK DESCRIPTION i TASK HOLE MONTES1 SUB ADMIH FEE- HOLE TYPE* LABOR i COI~ULTANT MOl,~rrE$ ~ TASK FEE I i C,(~T SLIB~ i AMOUNT ~ , EXPENSES .., rASK 13.oo UGHTINC~ PI.AHS i J REVISE 90% LIGHTING PLANS (IMMOKALEE ROAD AT Vt= ~ ~-HANS i ,i TBE ! !TASK 1.3.01 PARK) ; LS $ 400.00 j $ 4,300.00 S 430.00 $ i S 5,~30. C TASK 1~.00 TOTAL I $ 400.0e,I $ 4,300.00; $ 430.00 $ j $ 5,130.0 TASK 14.00 SIGNINQ AND PAVEMENT MA~KING PLAN~ i I TAS~ 14.02 CLI.~,43REEN'[rREEREVISE PLANS (AIRPOt=/r'PUU'ING F~OAZ)AT SAJ~CCcHTER) !i LS $ 200.00 1 $ 1,(XX).00 $ 100.00 $ t$ 1,300.O TASK14.OO TOTAL [ S 64X).00 $ 4,6oe.00 $ 460.00 $ $ BCB R/W PERMIT (SF'WIv~) REVISIONS - ELIMINATE EXFILTRAT1ON ~ ; TASK16.01 ROADWAY TECHNICAL SPECIFICA~,i LS $ 2,380.00!$ S $ 70.00 $ T~I~K 16.O0 'TOT,aL. i $ 4,760.00 i $ $ - $ 140.00 i $ 4.94)O.O( SUPPLEME~rALAOF~EMENI'NO. gTOTAL i $ 19a,335.00!$ 19,(XX).00 $ 1,900.00 $ 5,670.0015 TM - TIME .A, HD MATERIAL ! , i t No. 9-0,4012'0FieYI..~S Paae 2 of 2 · .o. MAR O 9 200z pg. /Z-- . MEMORANDUM HOLE MONTES B4GINERS · PLANNFJ~S - SURVEYORS To: From: Date: Dale A. Bathon, P.E., Collier Cou~t~.T~MD Walter F. Gilcher, Jr., P,.~J,,~J~.~--~ February 16, 2004 ,6~a[~'~'y~ Immokalee Road Six Laning - Surface Water HM Project No. 2000.067- Subject: Management Systems 1501 As you are aware, Hole Montes has submitted a proposal for Supplemental Agreement No. 9 (S/A No. 9) for the referenced project, which among other things, requests additional fees to eliminate the proposed exfiltration trench systems from the plans and to revise the ERP permit application package to reflect the same. The elimination of the exfiltration trenches was agreed to by the SFWMD at a meeting on October 15, 2003. In order to support the approval of S/A No. 9 by Collier County, you also have requested the following in an e-mail dated January 27, 2004: "In addition to getting SFWMD's permission to delete the exfiltration trenches for the referenced project, the County would, also like documentation as to why the design incorporated them in the first place. SFWMD rules and policies and direction from Richard Thompson of the District would be beneficial; A very brief memorandum detailing the development of the drainage design should suffice. This memorandum, together with the District's allowance to delete the exfiltration trench from the design, should document how we got to this point and show the need for this work as outlined in YOur proposal for Supplemental #9." SFWMD Rules and Guidance - Exfiltration Trenches The SFWMD recognizes exfiltration trenches as one of several methods of achieving water quality in surface water management systems for projects that require an environmental resource permit. The following exhibits to this memorandum are excerpts from the "South Florida Water Management District - Environmental Resource Permit Information Manual - Volume IV", dated August 2000. Exhibit 1 - From "Basis of Review~, Table of Contents, Section 5.0 Water Quality Criteria and Section 7.0 Water Management System Design and Construction Criteria. Page I of 3 W:~000~2000067~0500-Sufface Water Mangcment~SFWMD~lbmemo040216.doc .o. A'R-0 9 200 _ Pg- 12, · Exhibit 2 - From "Guidance", Design Example for Exfiltration Trench Chronoloqy of Desiqn Development for Use of Exfiltration Trenches and Best Manaqement Practice (BMP) Structures for the Immokalee.l~ioad (U.S. 41 to 1-75) Surface Water Manaqement System · July 2000 - Pre-contract, discussions with Edward Kant and Richard Hellriegel indicate that the existing treatment swale along Immokalee Road adjacent to the Cocohatchee Canal will not be able to be used for water quality for the Immokalee Road 6-1aning project. See Exhibit 3 (E- mail correspondence - Kant to Gilcher dated July 28, 2000). · February 2001 - Meeting took place with representatives of SFWMD, Collier County, Johnson Engineering and Hole Montes to explore possibility of utilizing a portion of Livingston Road Phase III ponds for water quality for portion of Immokalee Road project. There was also a discussion of the use of BMP structures for Immokalee Road water quality at the meeting. See Exhibit 4 (Meeting memo dated February 28, 2001). · August 2001 - Meeting with Collier County and Johnson/ABB indicates that there is no additional capacity in Livingston Road Phase III ponds for Immokalee Road project. See Exhibit 5 (Meeting memo dated August 6, 2001 ). · January 2002 - Hole Montes (Richard Brylanski) met with SFWMD (Richard Thompson) to determine what types of stormwater management systems would be acceptable to the District for water quality for the Immokalee Road 6-1aning project, given the lack of avialable right-of-way for conventional treatment swales and the lack of avialable land off-site for retention ponds. Richard indicated that ex'filtration trenches preceded by a BMP structure would be acceptable. See Exhibit 6 (Meeting memo dated January 29, 2002). · June 2002 - A meeting was held with Collier County department heads from Transportation Engineering, Traffic Operations, and Road and Bddge Maintenance on June 27, 2002 to review the proposed surface water management system for the project and maintenance requirements that will be required for BMP structures. No meeting minutes were prepared by Hole Montes. However, a follow up meeting with the SFWMD was requested by Collier County to verify that the proposed surface water management system for the project will be acceptable. See Exhibit 7 (Summary - Immokalee Surface Water Management dated June 26, 2002) for a summary of information that was presented at the June 27, 2002 meeting with Collier County. · August 2002 - A meeting was held at the SFWMD to review the proposed surface water management system for the project and verify its Page 2 of 3 W:~2000k2000067X0500-Su~facc Wa~cr Mangcmcnt~FWMD'~lbmcmo040216.doc AGII~.N~[,AATEM No. t~Ol-~-~'~' -- MAR O 9 200~ acceptability to the District. See Exhibit 8 (Meeting memo dated August 6, 2002). · August 2002 - Research was conducted by Hole Montes and Collier County to determine the basis for Richard Thompson's comment at the August 5, 2002 meeting that "exfiltration trenches are no longer permitted in Collier County". See Exhibits 9 (Collier County e-mail dated January 23, 2002) and Exhibit 10 (Memo - Kuck to Bathon dated August 26, 2002). · March 2003 - Due to a change in key supervising staff at the SFWMD, Collier County and Hole Montes met with the new staff at the SFWMD to review the project and the proposed surface water management system. See Exhibit 11 (Meeting minutes dated March 27, 2003). · July 2003 - Application for Environmental Resource Permit (ERP) modification submitted to SFWMD on July 8, 2003. · August 2003 - The SFWMD issued their 30-day comment letter which requested additional information to be included in the ERP permit application. SFWMD Comment No. 4 in the 30-day letter states: "As currently proposed, the surface water management system is comprised of BMP structures and exfiltration trenches. Staff understanding is that per Collier County revised Ordinance 90-10, exfiltration trenches are not allowed as part of a surface water management system. Please clarity or revise the design to include another type of surface water management system." · August - October 2003 - Hole Montes prepared responses to the SFWMD comment letter including additional research of Collier County ordinances and land development codes pertaining to exfiltration trenches. · October 2003 - A meeting was held at SFWMD on October 15, 2003 to review the proposed responses to the SFWMD 30-day letter, prior to submittal. At this meeting, the SFWMD indicated that the exfiltration trenches could be eliminated from the proposed surface water management system for the project. See Exhibit 12 (Meeting memo dated October 15, 2003). · February 2004 - Collier County requested written confirmation from the SFWMD that elimination of the exfiltration trenches is acceptable. Wdtten confirmation was received from the SFWMD via e-mail on February 8, 2004. See Exhibit 13 (E-mail correspondence from Ricardo Valera to Walt Gilcher dated February 8, 2004). Attachments (Exhibits 1 to 13) Page 3 of 3 W:~OOOk2OOO~7'~OSOO-Surfae~ Water Mangcment~SFWM D~Jbmemo040216.floc MAR 0 9 200~ Rules of the South Florida Water Management District BASIS OF REVIEW FOR ENVIRONMENTAL RESOURCE PERMIT APPLICATIONS WITItlN TltE SOUTIt FLORIDA WATER MANAGE~NT DISTRICT AGENDA ITEM No._L.L(~ ~ HAR 0 9 200~ _© SUMMARY OF AMENDMENTS TO BASIS OF REVIEW FOR ENVIRONMENTAL RESOURCE THE ~3UTH FLORJDA WATER MANA~ DI~~ ORIGINALLY ADOPTED THROUGH R_ULE l~K-4.03B ON MAY 12, 1977 December 16, 197~r, generally to address conceptual approval applications and the information requirements applicable thereto. Effective: January 16, 1978 July 10, 1980, to refine, clarify and expand the c~teda contained in Basis. Effective: August 11, 1980 July 10, 1881, a recodification of District rules to TrJe 40E, and to repeal T~le 16K. Effective: September 9, 1981 January 1882, to include water qual'rty criteria. Effective: February 1, 1982 October 1982, to redefine ~tle and to clarify agency practice, especially for stormwater quality, pursuant to Chapter~373, F.S.; and to an agreement between the Department of Environmental Regulation and the South Florida Water Management Disl~ict, dated February 3, 1982. Effective: Deicamber 1, 1982 January 1986, to revise significant portions of Basis (e.g. retention and detention criteria, solid waste disposal sites and all water quality criteria). Effective: May 1, 1986 May 1986, to revise conceptual approval prOvisions included in Basis to reflect changes to Chapter 40E-4 on ~ subject. *Effective: July 1, 1986 Febmery 12, 1987, to adopt Appendix 6 on above-ground impoundments. Effective: March 24, 1987 JerNmW 8, 18~7, to adopt Appendix 7 On isolated wetlands. Effective: ApHI45, 1987 10, 1984, to reorganize the Basis' as part of a larger effort to reorganize mlas and cHteCm, to ~lopt the gradient approach as a means of determining adequate lake- wetland separation, to remove any seeming discretionary language, to clarify and to ~ numerous Basis sections which experience had shown to be unclear or Effective: April 20, 1994 AGEND, A ITEM MAR 0 9 200 t November 14, 1996, to incorporate mitigation ratios based on percent coverage of melaleuca in wetlands, and to provide an incentive program for landowners to remove melaleuca. Effect;ye: Januaw 1, 1997 MAR 0 9 200~ ~ 1.0 2.0 3.0 4.0 TABLE OF CONTENTS Intn)duction ......................................... 1.1 Objectives .................................... 1.2 Application Review Proce~ ......................... 1.2.1 Application Form ........................... 1.3 Cdtori~ ObjectJvas ............................... 1.4 Simultaneous Reviews ............................ General Review Requirements ............................ 3.1 Development of Regiond Impact ..................... 3.2 Water and Wastewator Service ...................... 3.3 Phased ProJect~ ................................. 3.4 Pre-Application Meating~ ........................... Env~ Criteria ' 4.1 Watlancla and C)lb~ Surface Watera ................... .: 4.1,1 Envitonmentd Condition~ for I~Jance ............ 4.2 Environmental Review Criteria ....................... 4.2.1 Elimination or Reduction of Impect~ .............. 4.2.2 ~ Wildlife, List.~ Species and their Habitat~ .............................. 4.2.3 Public Interest Teat ......................... 4.2.4 Water Quality; ..... 4.3 4 2 6 Vertical Seawaib · - · 427 Secondaryll~lc~l. ' 426 Cumulative Impact~ · 431 Typas of ~ . 4.3.2 IVlitig~ Ratio Guidelines .................... 4.3.3 Mitig~ Pr~ ......................... 4.3.4 Monitoring Require for bfnJO~on Areas ....... 4.3.6 Protection of MitiOeUon ~ .................. 436 Mitigation Succe~ - 4.3.7 FJnam~d ~bity for MMg~tJon ............. 438 Red~~ · , 4.3.9 Mitigation Reductkm:,Throi~h l ~ 1 1 1 1 2 2 3 7 7 7 7 8 9 9 10 1'0 11 14 16 21 22 22 25 30 30 31 36 37 37 37 37 42 42 AGENDA ITEM No. MAR 0 9 200q Pg._ ~ _ 5.0 TABLE OF CONTENTS 4.4 4.5 4.5.1 4.5.2 4.5.3 5.4 4.5.4 4.5.5 4.5.6 Nortbinding DeterminatiOns Mitigation Ban.~ng ................................ 4.4.1 Intent 4.4.2 Use of a Mitigation Bank ........... 4.4.3 Criteria for Establishing , Mitigation Bank' ~ 4.4.4 Permit Applications for an Individual or Conceptual Approval Environmental Resource Pmmits for a Mitigation Bank ................... 4.4.5 Establ'~ of MIUgation Credits ......... 4.4.6 Contribution of Lands .......... 4.4.7 Contribution of Funds ........................ 4.4.8 Mitigation Service Area ....................... 4.4.9 Land Use R~;,ictions on Mitigation Banks 4.4.10 Financial Responsibilit. v ....... 4.4.11 Individual or Conceptual Approval Environmental Resource Permit for 4.4.12 Surrender, Trar~fer, or Modification of an Individual or Conceptual Approval Er~ronmantal Resource Permits for M~g~Uon Bank 4.4.13 Department of Environmental Protecl]on Mitigation Banks Formal Determination of the Landward Ext~t'~f' Weffmds and other Surf~e Waters PrOcedure Ty~es of Formal Det~ns ................. Formal Determinador~ for Pro~ with 5.1 State Standerd~ ...... 5.2 · ::::::::::::::::::::::::::::: 5.2.2 Land Uae and.Coveraoe O'itmta .,, ......... - . 5.3 Ir.:~poratam of Natural Areas and ExJst~ · ''" 5.3.~ Na.~al water eodi. and Water 9odle. .............................. Underground ~ Syst.m. .................... - 48 48 48 49 49 52 54 54 54 55 57 6O · 65 . 65 65 67 67 67 67 68 68 68 68 68 7O 70 7O 6.0 7.0 8.0 TABLE OF CONTENTS 5.6 Sewage.. Treatment Percolation Ponc~ .................. 5.6 Criteria for CrealJon of Water Bodies .................. 5.7 Impervious Areas .. . 5 8 Stagnant Water Cond~ns 5.9 Water Quality Monitoring .......................... 5.10 Solid Waste Facilities ..... . ..... -. .................. Water Quantity Criteria ................................. 6.~ 6enerM ....................................... 6.2 Discharge Rate ................................. 6.3 Design Storm 6.~ =============================== 6.6 Rood Protection of FloecLe and Parking Lots .............. 6.6 Rood Plain Encro~ - 6.7 Historic Baatn Storage ..... 6.8 6.9 Minimum Drainage ............................... 6.10 Overdreinege lmcl Wate~ Conservation ................. 6.11 Detention end Control Elevations ...................... 6.12 Lake-Wetlancl Separation , 6.13 Water Supply Sources ......... .............~ ....... Water Management System Design and Con~Jdction Criteria .. ?.~ O~h.o.s.~~ .... ~ ~ co,~ ~,,~,~,~;,;,'~;~'~,;~'f'o; ............. Detention Slmten~ ' 7 4 Natural or Mitigation Wetland Are~) .................. · Wet Retention/Detainee Area Dimmsiond Criteria las Meama~ et or flora the Control Elevation) .... :,~ and Ea~emeflts .................. Required ~ Information and Assumptton~ ................ 8.1 Antecedent Conditiorm ............................ 8.2 Rainfall ....................................... 8.$ Evllpotr~~ ............................... 8.4 Storage ....................................... 8.4.1 Open Surface 8.~.= o,,,~ ..... ::::::::::::::::::::::::::::: 8.6 kdatredon ~ ~ 8.6.1 Omur~ Surface ............................ 8.6.2 Subsurface ............. 7.5 71 71 71 71 71 73 76 76 76 76 76 77 77 77 77 77 78 79 · 79 80 81 '81 81 82 82 83 84 84 84 85 8ii 85 85. 86 86 86 HAR 0 9 200~ 9.0 10.0 2 TABLE OF CONTENTS 8.6 8.7 8.8 8.7.1 Regulated Systems .. ......................... 8.7.2 Non-regulated Systems ............... 8.7.3 Any S~rstem .............................. Discharge ..................................... 8.8.1 .Allowable Discharges ........................ 8.8.2 Non-urban Gravity Systems .................... Operating Entity Requirements ............................ 9. I General Requirements ............................. 9.2 Association Requirements .......................... Surface Water Management System Certification and Operation 10.1 Constru~ Compledon/ConstnJction Certification 10.2 Cor~.,dction Completion/Construction Certification for Phased Projects i0.3 Operation Phase.Becoming Effective ................... Appendices (Appendices 1, 4, 5, 7 end 8 have been repealed.) Allowable Dischm'ge Formulas for South Florida Watm' Urban Retention/Detention Above Ground Impoundments 86 86 86 86 87 87 87 87 88 88 88 92 92 92 93 HAR 0 9 200 Basis of Review for Environmental Resource Permit A=DIIcations Auaust 5.0 WATER QUALITY CRITERIA 5.1 State Standards - Projects shall be designed and operated so that off-site discharges v~l meet State water quality standards, as set forth in Chapter 17-302, Florida Administrative Code.'- 5.2 Retention i Detention Criteria - 5.2.1 Volumetric Requirements (a) Retention, detention, or both retention and detention in the overall system, including swales, lakes, canals, greenways, etc., shall be provided for one of the three following criteria or equivalent combinations thereof: Wet detention volume shall be provided for the first inch of nJnoff from the developed project, or the total runoff of 2.5 inches times the percentage of imperviousness, whichever is greater. Dry de{ention volume shall be provided equal to 75 percent of the above amounts computed for wet detent[on. Retention volume shall be provided equal to 50 percent of the above amounts computed for wet detention. Retention volume included in flood protection calculations requires a guarantee of long tem~ operation and maintenance of system bleed-dOWn ability. Examples of such guarantee indude evidence of excellent soil percolation rates, such as coastal ridge sands, or an operations entity which spedrmal~ reserves funds for operation, maintenance and mplacernent (example: Orange County MSTU). (NOTE: Orange County subdivision regulation criteria for retention - published by Orange County in Orange County Subdivision Regulations - may be utilized for Orange County MSTU projects in lieu of District retention criteda where retention volumes exceed one half inch. This information is hereby published by reference and incorporated into this rule.) (b) Systems with inlets in grassed areas will be credited with up to 0.2 inches of the required wet detention amount for the contributing areas. Full credit will be based on a ratio of 10:1 impewious area (paved or building area) to pervious ama (i.e. the grassed area) with proportionately less credit granted for greater ratios. 5.22 Land Use and Coverage Criteria (a) Commercial or industrial zoned projects shall provide at least one half inch of dry detention or retention pretreatment as part of the required retention/detention, unless reasonable assurances can be offered that hazardous materials will not enter the project's surface water management system. Such assurances include, recorded lease agreements, local government restrictive codes, ordinances, licenses, and engir'~.c,-ed containment systems. Basle of Review for Environmental Resource PermitA~)DIIcatioq] Auaust 20G~ Projects having greater than 40% impervious area and which discharge directly to the following receiving waters shall provide at least one half inch of dry detention or retention pretreatment as part of the required retention/detention. Receiving waters being adcl[P,.ssed am: 1. Lake Okeechobee and the KJssimmee River. Water bodies designated as Class I or Class II waters by the Florida Department of Environmental Protection. Canals back-pumped to Lake Okeechobee or to the Conservation. areas, or proposed for back-pumping. Other areas, such as the Savannas in St. Lucie and Martin Counties; the Six Mile Cypress Strand; the Big Cypress area of Collier County; and lands acquired by the District pursuant to Section 373.59, Florida Statutes, Water Management Lands Trust Fund (Save Our Rivers); mitigation bank lands, as set forth in Section 4.4. Outstanding Florida Waters'as defined in Chapter 17-3.302, Flodda Administrative Code; and AquaUc Preserves as created and provided for in Chapter 258, Florida Statutes. Water bodies within a District permitted public water supply, wellfield cone-of-depression which are not separated from the aquifer by sbata at least ten feet thick and having an average saturated hydraulic conductivity of less than 0.1 foot per day; where the cone-of-depression is defined by one of the following: ao in those areas of the Dislrict where no local wellfield protection ordinance has been adopted by the local governing body, the one foot drawdown line as expressed in the water table aquifer under conditions of no rainfall and 100 days of pumpage at the permitted average dairy pumpage rate (where significant canal recharge is indicated, canal recharge representative of a I in 100 year drought will be considered); Bmward County Weilfleld Protection Ordinance contour for Zone 3 (Broward County Wellfleld Protection Ordinance 84- 60, as Incorporated into Broward County Code Chapter 27, Article XIII, enacted in August 1984). This infon'naUon is hereby published by reference and in(xxp(xated into this Co Dade County Wetlfiald Protection ~ contour showing maximum limits (Section 24-12.1 Protection of Public Potable Water Supply Wells; Chapter 24 Environmental Protection; Code of Metropolitan Dade 69 AGENDA ITEM NAR 0 9 200 Basis of Review for Environmental Resource Permit AooliCations Auaust 20~ County, Florida). This information is hereby published by reference and incorporated into this rule. (c) Water surface and roofed areas can be deducted from site areas only for water quality pervious~mpervious calculations.. The water surface ama meeting dimensional criteda may also be subtract-ed from the total site area when making final water quality treatment volume calculations. (d) (e) In cases of widening existing urban public highway projects, the District shall reduce the water quality requirements, if the applicant provides documentalJon which demonstrates that all reasonable design alternatives have been considered, and which provides evidence that the altematJves am all cost-prohibitive. Projects located within cones of depression - Retention/detentk)n area locations shall not reduce hydraulic recharge distances to public water supply wells in excess of 2 percent, nor shall wet retention/detention areas be closer to public water supply wells than 300 feet. 5.3 Incorporation of Natural Areas and Existing Water Bodies - 5.3.1 Natural conflict herein) Natural Water Bodies and Existing Water Bodies areas and existing water bodies may be used for retenUon/detention purposes when not in with environmental (see Subsection 4.2.2.4), water quality, (see Sections 4.2.4 - 4.2.4.5 or public use considerations. Candidate areas for such purposes indude: (a) Previously degraded areas, Co) (c) (d) Man made areas such as borrow pits, for example, Extensive areas which have the ability to absorb impacts easily, Areas incorporated into a system with mitigation features. 5.4 Underground Exflltration Systems - (a) Systems shall be designed for the retention volumes specified in Section 5.2.1 for retention systems, exfiltmted over one hour for retention purposes, prior to overflow, and based on test data for the site. (Note: such systems will not be acceptable on projects to be opemtecl by entitles other than single owners or entities with full time maintenance staff.) (b) A safety factor of two or more shall be applied to the design to allow for geological uncertainties. (c) A d~y system is one with the pipe invert at or above the average we~ season water table. Sewage Treatment Percolation Ponds - 7O AGEN~AJ.TEM I "-" No., It ' ,. MAR O 9 200q Basis of Review for Environmental Resource Permit ADolicatioq~ Auaust 20OV Above ground percolation pond dikes shall not be within 200 feet of water management lakes or 100 feet of dry retention/detention areas. Additional information and calculations (such as volume and rate of application to the pend(s) or flow net analyses) by the applicant will be necessary in unusual cases requiring deviations from these dimensions. 5.6 Criteria for creation of Water Bodies - The creation of water bodies shall meet both of the following criteria: (a) Entrapped salt water, resulting from inland migration of salt water or penetration of the freshwater/saR water interface, will not adversely impact existing legal water users. (b) Excavation of the water body shall not penetrate a water-bearing formation exhibiting poorer water quality for example., in terms of chloride concentrations. 5.7 Impervious Areas - Runoff shall be discharged from impervious surfaces through retention areas, detention devices, filtering and cleansing devices, or subjected to some other type of Best Management Practice (BMP) prior to discharge from the project site. For projects which include substantial paved areas, such as shopping centers, large highway intersections with frequent stopped traffic, and high density developments, provisions shall be made for the removal of oil, grease and sediment from storm water discharges. 5.8 Stagnant Water Conditions - Configurations which create stagnar~t water conditions such as hydraulically dead end canals are to be avoided, regardless of the type of developmenL 5.9 Water Quality Monitoring - All new drainage projects will be evaluated based on the ability of the system to prevent degradation of receiving waters and the ability to conform to State water quality standards (see Chapters 62-4, and 62-302, F.A.C.). 5.9.1 (a) There am areas within the District where water quality considerations am extremely important, because of the sensitivity of the area. These areas include: 1. Lake Okeechobee and the Kissimmee River. 2. Water bodies designated as Class I or Class II waters by the Florida Department of Environmental Prot~. Canals back-pumped to Lake Okeechobee or to the Conse~ation areas, or proposed for back-pumping. Seflsifive areas, such as the Savannas in SL Lucie and Martin Counties, the Six Mile Cypress Strand and Estero Bay N:luatic Preserve in Lee County and the Big Cypress area of Collier County. 71' A~REN. I~A ITEM .o. MAR 0 9 200 Basis of Review for Environmental Resource Permit AB=liceflons Auaust 5.9~. 5.9.3 5.9.4 o Outstanding Flodda Waters as defined in Chapter 62-302, Flodda Administrative Cede." (b) New developments which plan to utilize sensitive areas fc~=.disposal of stormwater will be given more detailed evaluation by the District Staff. In addition, new projects entailing a mom intensified land use , such as industrial parks, and planning to discharge to a sensitive receiving water, directly or indirectJy, shall be required to institute a water quality monitoring program if the applicant is unable to provide adequate assurances (by such means as routing drainage of ames where polluting materials would be located away from the surface water management system; developing reslz~tJve cevenants, or similar documents, which would have the effect of prohibiting polluting materials on the project site; or proposing other methods of assurance) that degradation of the receiving body water quality will not occur. The following listing of land use intensity is in ascending order. 1. Wetlands (including transition zones adjacent thereto) 2. Forested lands 3. Rangeland 4. Agricultural 5. Urban and built-up land Monitoring will normally be required for sites with high pollutant generating potential, such as industrial sites, and Class I and II solid waste disposal sites. There are two reasons for requiring water quality monitoring by permittees, as follows: (a) Such data can be used to ~deterrnine if the pollution abatement ~ incorporated into the design for the drainage system are funclJoning properly. (b) In some cases there may be a real and immediate concern regarding degradation of quality in the receiving waters, regardless of the apparent pollutant removal efficiency of lhe drainage system. The reason for the monitoring requirement will be stated in the Staff Report for each Permit. AJso included in the permit will be the monitoring and reporting schedules and ~ parameters of interesL Each monitoring program will be designed specifically for the land use or individual project in question and.wtll Inctude applicable surface and ground water sampling. Staff shall specify applicable 'Project specific parameters such as those listed in Chapter 62-302, F.A.C. The applicant shall use a Florida Department of Environmental ~r.~..~. or F ...Ic~_Ja Depallment of~H _.ea!lh and Rehabilitative Servi~ laboratory aa wamr quamy sampling and analysis. The Dtslzict reoommencls that the applicant submit final results from the labOratory orr a DOS-formatted 3.5" computer disk which will be supplied by Ihe Dislrict. The disk will contain a program requi(a~g the input of all pertinent data assodated with the water quality monitoring special condition(s). If the permittea or their contracted laboratory does not have MS-DOS computer capabilities, 72 0 9 200 Basis of Review for Environmental Resource Permit A~olicaflens 5.9.5 5.9.6 Auaust 209" water quality analysis may be submitted on paper. Examples of records to be supplied are as follows: sample date, sample location with D for discharge or N for no discharge, water discharge rates (cfs) and concentration values of indicated elements or compounds. As a general rule, monitodnc, g required of permittees will be. confined to points within their_ boundaries. If additional s~mpling is needed in order to 'assess off-site impacts of the-- projects, the responsible party (the permittee or District) will be named in the permiL The determination of the responsible party will be based upon the accessibility of the monitoring site to the perm.tee. Applicants are advised that Staff Reports written and Permits issued for projects not requiring monitoring at this time will normally include a statement to the effect that water quality iY~onitodng may be required in the future. This should not be construed as an indication that the District is contemplating the implementation of a program of intensive water quality monitoring by all permittees. If water quality problems develop in specific areas, however, permittees will be put on notice in this manner that they may have to determine the quality of the water which they am discharging. 5.10 Solid Waste Facilities- (a) (b) Surface water management systems for Class I and II solid waste fadlities; as defined by Chapter 62-701, F.A.C., shall be so designed, constructed, and operated as to maintain the integrity of the landfill at all times (during conslnJctJon, operation, closure and post closure). Applicant must provide assurances that: 1. all flows will be conveyed at non-erosive velocities, 2. the project is designed to minimize erosion. Design features in support of this requirement include features such as: 1. slopes adequate to promote runoff but not affect slope stability, 2. intermediate benches or swales which reduce runoff velocities and limit erosion, (c) (d) 3. vegetation of closed portion of landfill. Class I and II landfill projects shall provide adequate assurance that leachate will not enter lhe surface water management system. This assurance may be provided through affirmative demonsttaflo~ that the requirement of Chapter 62-701, FJ~.C. for design and emplacement of liners, leachate collection systems, and trealment and disposal of leachate will be met. Borrow pits shall not be included In the sudace water management system unless the applicant can affim~tively demonslmte that leachate will nol enter the bonow pit, and that the water quality standards in Chapters 62-4 and 62-302, F.A.C. will be met. (e) Dewatering operations at active, unlined landfills will not be permitted. 73 Basis of Review for Environm~ntal Resource Permit Aonlicafloq~ Auau~t200,, (0 For Class I and II landfills the District shall require additional Best Management Practices, such as: Detention in excess of the quantit~s_ stated in Section 5.2. Dry detention areas. 3. Dry conveyance swales with adequate dimensions to permit maintenance. Filter mechanisms for additional water quality enhancement prior to discharge. 5. Skimmers in front of discharge structures to restrict discharge of floatable materials. (g) Screw gates on water control structures capable of resl]lcting discharge of poor quality surface water. Vegetation of appropriate portions of the water management system, such as conveyance swales. To prov~.'de information for assessing the need for Best Management practices at a specific site, Distrtct staff will require a hydrogeologic investigation that shall, at a minimum, provide InformaUon on: (h) 1. the hydrogeologic properties of the fom~ations underlying Ihe landfill, including aquifer and characteristics, groundwater elevations and direction and rate of groundwater flow, 2. IocalJon of existing wells within one-half mile of the site perimeter, 3. locations and specifications of existing or proposed monitor wells, 4. . the location and chemical composition of any known leachate plumes. Applicants should consult with District staff prior to or at pre-appllcalJon Technical Advisory Committee meetings to determine lhe specific requirements which will apply for a particular project. 74 A N I MAR 0 9 200 Pg ~ DaMs of Re,dew for Environmental R-__~_,_,.,ce Permit Am~lb:Mlons Auaust 2000 7.0 WATER MANAGEMENT SYSTEM DESIGN AND CONSTRUCTION GRITERIA 7.1 Discharge Structures - swales, etc., served by discharge structures. (b) to rule 40E-1.611, F~LC. (c) Discharge structures must be non-operable unless approved othenNLse. (e) Dischmge structures shall Include a baffle system to encourage dischmge from the. center of the water column rather than the top or b3R(x~. Dischaq]e stnx~ums · from areas with greater than 50 percent impecvtm~ area or from ~ wtth ~) are easily able to absorb concentrated discharge& Such receiving waters indude existing storm sewer systems and man-made ditches, canals and lakes. rece~ng ~. Such mceMag watem ~dude, for examine, natural stmm~, HAR 0 9 BaMa of Review for Environmental R.~urce .4JJou~t ~,~--- · the minimum dimensions described herein shall be presumed to meet the disc~rge quanlJty ~ except for projects which are required to have zero discharge. APl:dicants are advised lhat local drainage dist~cts or local govemments may have more stringent gravity conb'oi device c~teria. possible, to increase detenlJon time during minor events. Pumped (x)ntrot devices, if pump discharge is permitted, shall be sized based on a 7.3 Dry RMm~Jon~M~nflon Ama~ (Not Applicable to Natural or Mitigation Wetland Ama~). (a) Dry retenlkm/detenUon areas shall have mechanisms for retuming the b'mse systems is lbe same as in sactlon 7.2.A., heroin. (c) The deagn o~ dry retmUaVdetena~ areas sha~ Incerpom~ ~ for 7A We~ Retenti~enti°n Area Dlmermional Criteria (As MeasurmJ at or from the Conb~ Bevatlon)- (a) Area - 0.5 acre mirdmum (b) (c) areas may nave narrower reaches but shall average at least 100 feel. deeper lhan 12 feel. ,'"'"'",, ~ ,m.u,t~tmtm~.~. area De 81 MAR 0 9 200xt Baals of Revim~ for Environmental Rt~,ource Permit shall be a consideral~n of oper~on permit issuance. Side slope dimensional criteria for above ground Impoundments am set forth in Appendix 6. (e) Alternative Side Slope Criteria for C.-.-.-.-.-.-.-.-.~f Course Wet Relention/Detention Areas Adjacent to Tee Areas, Bunkers, and Greens - The design and final ~ wet retention/detention areas shall be no steeper than 2:1 (horizontal:vertical) for the area above the permitted control elevation. For purposes of this role, the tee area is limited to an ama specifically constructed and designated as the location from which a golfer makes his/her first sho~ toward a designated hole. The green is the ama of shortest grass around the hole. Bunkers (sand traps) oonsist of a For those portions of the wet retention/detention areas adjacent to tee areas, bunkers, and gree~ with final co~ side slopes steeper than 3.5:1 control elevation. Side slope vegetation growth survival shall be a consid~ of operaUon permit Issuance. (t) 7.5 Maintenance Access and Easements - Minimum perimeter maintenance and operation easements of 20 feet wtdth at slopes no steeper than 4:1 ~3dzontal. ~ shall be provided beyond the control elevation wafer line. ~ induding 20 foo~ wide mair4ermnce easements ate minimum, shall be ~ to a public mad 7.6 Exfl;b.lon 8ymn~,. (a) caame er- 12' rdMnum (b) (¢) (d) I N o.A~ MAR 0 9 200Jt fi-The in. forrnaflon contained in the remainder of this manual is pro~,ided or gulclance purposes and does matlon is not to***b~, used in lieu of not constitute rule criteria. The infor- is inconsistent with adopted rules, adopted criteda or in a manner which Design Example for Exfiltration Trench _. AGE~NI::~ ITEM NO., [~o~l~ ~ _ HAR 0 9 2004 DES]:GN EXAHPLE · FOR' EXFT LTRATZON TRENCH MAR 0 9 200~ .II. Gtven: A. Proposed acreages ]. Lake - ] ac 2. Roofs - 5 ac 3. Other paving - 8 ac 4. Green areas - 2ac 5. Tote] - 16 ac Other ]. 6. Cu,rrent zontng ts 'Comamtal', Destgn Crtterte A. (}ual tty 1. e An extsttng canal, along one bo&Jer of the property, wtll be the receiving body. The receiving body rngulated stage ts elevation 8.0' NGVO. The extsttng &verege stte grade ts about elevation ]7' The stte sotl dretns well. Three percolation tests yteld an average hyclraullc conductivity of 1.2 x 10.4 cfs/{sq ft - ft o~'he'ad). Avermge wet season water tame elevatlen ts 8.25' rIGiD. If a wet detention system, then whichever ts the greater of a. The first t~ch of runoff free the enttre site. If a retention system, then ~ ef the. ~olume required. detention pretrealmaent sh~ll be provided. AGENDA ITEM HAR 0 9 2Ol]q' Bo $. Any detention systm shall be destgned to diSCharge not more thi..'.O.$ .tn.. o.f ~ d. et.i.lned voltmm per day. A V-shaped contlgura_tlon ~s aes~raole. QUantity 2: The allowable discharge for the basin tn which this pro;Ject is located is 50 csm for a 2S-Year 3-day storm. First floors are desired to be no l'olmr than elevatto~ ]8.S' NGVO. 3. Parking areas. $~I. Computitlons · A. Qbaltt~ Are ... proposed to range tn elevation from 16.0' to 17.S' Shall be it least 2 ft above the control elevation. Compute the first.Inch of runoff from the enttre developed stte. - ] tn. x 16 &c x I ft/12 tn. '.L, LIr,:.~ for the first Inch of runoff. Compute 2.5 in. times the percentage of imperviousness. a. Stte area, for water quallty porvtous/Imporvtous calcul&tlon only bo - Total project - (lake + roof) -..16 ac - (l ac..+'S ac) "XLI~ stte area, for water quallty pervious/Impervious. Impervtmps &re&~ for. water quallt~ pe. rvtous/tmpe~vtous calculattens .~ ' '-' m"(Stte ~earfor ~ter qualtty ,~..l~.,tOus/~porvtous) . plrvtous ~ - - · - ' ~_K:'I~. '_1~1~ ous area,,Top ~rater quiltty* perv-loUs/t~pe~vtous. MAR 0 9 200~, e e e c. Percentage of Imperviousness for water quality. . .]i~rvtou~ Ore~ for wa~er oua] 1tv x .100~ $tte area for eater quality -- - (8 ac/lO ac) x 100~ - - 80~ Impervious d. For Z.S tn. ttees the percentage tmpervtou~ - 2.5 tn. x 0.80 .2.00 tn. to be treated- e. Coepute voluee requtred for qualtt), detention - 1riches to be treated x (total stte- la~e) - 2.00 tn. x (16 ac - 1 ac) x 1 ft/12 tn. - 2.00 tn. x 15 ac x I ft/12 - ~ requtred detention storage' $tnce the Z.S ac-ft are greater than tbe 1.3 ac-ft couputed for the first 1rich of runoff, the volum of 2.S ac*ft controls. _(The' systec proposed ts vet detention, so no volum redUctlons are possible.) Because thts ts .a project on comerctal zoned land, 0.5 dr~ retentton/detontlon Bust be provided. - 0.5 tn. x (total site * lab) -0.$ tn. x (16 ac I ac) x I ft/12 tn. - 0.6 ac-ft requtrod for protreatmnt Compute credtt for plactng soae systes tnlets tn grassed s~les. a. Gtven: t.- £acb tnlet tn · grassed Mle dratns about 0.75 acre. tt. A t~ptc&l grassed M~ wilT'consist of an area about ]5 ft long and $ ft wide. -The tnlet Fill be r~mstdlrtl. I IJe~tgtble part of the am. · ~tt. No other perv. tous-areas dra~n ~nto.the grassed swale. ~AR 0 9 200~ bo Compute ratio of Jmporvtous to pervtous area. 1. Pervious area tt. -1Sft xSft - ~ pervtous area. impervious area - 0.75 ac x 43,560 sq ft/ac '~..~L~~ Impervious area. ttt. Compute Impervious :Pervtous ratto - 32,670 sq ft: 75 sq ft - 436:1 ~ A ratto of 436:1 results tn neallatble 'C~edlt? It ts proposed that the by, exftltratton trench, = ?retreatmnt be .accomplished totally To utt11ze the l&ke for aesthetics and vet detention, Stnce the. system should be destgned to mlnCaln the rater table, ehd the ive/-age site Wade ls at elevation 17' NGVD, the cdntrol elevatlofl shall be ~ (Note: average a~t season rater .table elevation 15-8.26' NGVD.) Compute valuta to be treated tn ..the lake - Total Qualtty Valuta -I~ Pretreatmnt Vol~ae - 2.5 ac-ft o 0.6 ac-ft - ~ to be detatned tn the lake. Trench l. l)estg~'Crttart& A wintmum of 2 ft of pavtng and bickft11 u111 be requtred above the ~rench. c. ~ ~tdth sba11 be 3 ft, - '- d. #tntmm=pa~ktng area elevation ts 16.0' NGVD. Stnce control elevatlm ~,~ 11. 0'. ,' NGVTt and average vet ~ rater table ls 8.~S'' NGW), assume the vdter table In the · ' vlctnlty of the trench, once the project Is IxJtlt, to at elevattm 10.5' NGVO. - · MAR 0 9' 200zt e. For' ~ to be C~Lsldered dry, the average v(c sea~on l~b~e ~ be no higher ~han the lnver~ of ~ ~ench pipe. For thts SySl~B, the t~ench bed vi1] ~ ~ to e]evatlofl XX' NG~. The plpe lnve~c v111 be at elevation ]2' IGVD. Co.ute trench length a. L - V/(K(H2~I + .,~IJzDu - Duz + ~I2Ds) + (1.39 x lO'4)t~Du) L - Length of trench requtred (feet) V - Volume to be exftltrated (ac-tn.) be V - Trench wtdth (feet) K = Hydraulic' conductivity (cfs/sq ft - ft head) H2 - Depth to water table (feet) Du - Non-saturated trench depth (feet) Ds - Saturated t~ench depth (feet) In thts project, L Is to be deterntned V - 0.6 ac-ft- 7.2 ac-tn. kl -3ft K - 1.2 x 10.4 cfs/(sq ft - ft of head) '1~ - S ft **Du - 3 ft Ce -0 can extwKI ~ lmmr than the trench botton. **l)u ts.the enttre trench depth, free elevations 11 to 14' ItGVI), because the rater table ts belov the trench bottom. l. 2xlO'4x( ( Sx3 )+(2xSx3 )-(3x3 )+( 2X5. xO ) )+( ( 1.3~xlO.4) x3x3 ) - 1,290, say, ~ of trench for dry retention. MAR 0 9 200~. C 16' NGVO 5! P&vtng..and lkckftll l Coarse Rock --"- 14" " i3' MGVD -'---11' NGVI) 10.5' I~VD ~CROSS SECTION OF PROPOSED EXFILTRATION Ftgure AqqNl~ I~'T~M No.~ MAR 0 9 200~, PP ~ Othe~constderattons Aw elf must be Installed at the downstream end of the trench system, to create true retention. The crest of the*wetr must be no lower than the top of th e trench ptpe. TI~ proposed *lake-trench system should be check~-to be certain tt provtdes adequate storage for road and Parktng lot protection, can meet destg~ storm dtscha~ge.crtterJa, and can provtde adequate floor Protection. Thts would tnclude a control structure on the lake dtsch*arge route. AGENDA ITEM N6. H nf'~ ~ NAR O 9 200~ A-'Z,,' :.____.1 MAR 0 9 200~, Walt Gilcher From: Sent: To: Subject: kant_e lEd Kant(j~colliergov. net] Friday, July 28, 2000 10:36 AM 'Walt Gilcher' Bob Murray; helldegel_r RE: Longitudinal drainage swales You will note in my original message, I did not make a directive, I made a statement. Walter and I spoke about this issue and we agreed that if we know that the District won't permit a certain type of design, then it doesn't make sense to pursue that design. This is a heads up and a reality that we will have to deal with. As we urbanize, we will begin to encounter more of these types of drainage constraints. We have a duty to make these issues known and to assure that staff, the Administration and Elected Officials are aware of design and permitting requirements and constraints. That doesn't mean inundating them with the gory details, but it does mean making them aware that regulations, policies and design parameters change and are constantly in flux. What we used to do, or what we did on an earlier segment, may not be doable today. > From: > Sent: > To: > Cc: > Subject: > Walt Gilcher[SMTP:WaltGilcher@holemontes.com] Friday, July 28, 2000 9:49 AM 'Ed Kant' Bob Murray FW: Longitudinal drainage swales > FYI - this is the e-mail we got from Rich H. Very much appreciate the > perspective that you just provided via phone call. > > Walt Gilcher > > .... 'Original Message ...... > From: hellriegel_r [mailto:RichardHellriegel@colliergov.net] > Sent: Thursday, July 27, 2000 8:36 AM > To: 'Walt Gilcher'; 'bgramer@ch2m.com' > Subject: FW: Longitudinal drainage swales > > > As per Ed Kant, we are no longer to use the water quality swale adjacent > to > the canal. This will affect the design of I~aokalee road from US 41 to > 1-75 > (HMA) and Immokalee Road from CR-951 to 43rd Ave. NE (CH2MHill) > We will need to design the water quality along the south side of the > roadway. > Rich > No.._ ~.[~10 '- 0 9 200 - O > > From: kant e > > Sent: Wednesday, July 26, 2000 1:27 PM > > To: hellriegel_r; riley_m > > Cc: mcnees m > > Subject: ~ongitudinal drainage swales >> > > I met with Clarence Tears and Ananta Nath earlier this week and they > told > > me that they will no longer permit longitudinal drainage swales along ~ ~ ' . ' > > canal banks. >> > > That means that for the Immokalee Road 6-lane or the CR 951 6-lane or > any > > similar situation, we will need to handle the runoff by some other > means. >> > > I agree with that decision. These swales have been a maintenance > nightmare > > for us as well as for the District. >> > > ! am available to meet with you and to discuss other alternatives as you > > may wish. Thanks. >> > 2 HAR 0 9 200 HOLE, MONTES AND ASSOC., INC. CONSULTING ENGINEERS - PLANNERS o- LAND SURVEYORS -O DATE: TO: FROM: RE: MEMORANDUM February 28, 20~1 File ~ Walt Gilcher~J ~L) IV~.l~ING AT SMD RE: STORMWATER - IMMOKA1 .g.F. ROAD 2000.067-0501 A meeting was held at the South Florida Water Management District on 2/26/01 to discuss the use of the · _Livingst°n Road treatment system south of Immokalee Road (currently in design by Johnnoil ABB) for a portion of the stormwater treatment for the Immokalee Road six-laning project. The following were in attendance: Richard Thompson - SFWMD Lynn Thorpe - Collier County Chris Hagan: Johnson Engineering Walt Oilcher - lIMA David Morin - HMA The following items were discussed: 1. Excess treatment volume capacity in the Livingston Road system could be utilized for lmmokalee Road. 2. Any excess treatment volum~ capacity should be clearly documented in the permit application for Livingston Road. The amount of volume allocated to Vanderbilt Beach Road, lmmnkalee Road or both as the case may be, is to be noted in the application. 3. The permit application for Immokalee Road should clearly document the volume utilized when the permit is submitted. 4. Becatme of existing development and limited land availability along Immokalee Road, use of pollution retardant basins such as stomw, etnor or CDS basins for treatment was di~ for ~ Road. Richanl indicated that the use of the~ typea of facilities may be acceptable to the District for the ~ Road widening project Pollution removal capabilitie~ of these type~ of structm'ex would have to be demonstrated. A pcten~ beaefit of these sUuctm~ would he the ability to e 'luninate scan~ or ali of the existing treatnm~ swakn adjacent to the Cocoha~hee Canal. These swakn have been a concern of the Di~ct because of the difficulties in maintaining them and berm failures which ~sult in sedhlmlt loading in the canal. Also, refer to memo from Chris Hagan, dated 2/26/01 (Frfle 2000.067-501) W:X20000~OO67~OSOO-Smfa~ Wau~ Mau~emoOlO228.doc Page I of 1 Nb.A~ 0 9 200 MEMORANDUM To: From: Date: Subject: File ~ Walt Gilcher August 6, 2001 Immokalee Road HM Project No. 2000.067-501 A meeting was held at the Hole Montes on 8/3/01 to discuss the use of the Livingston Road treatment system south of Irnmokalee Road (currently in design by Johnson Engineering and ABB) for a portion of the stormwater treatment for the Imrnokalee Road six-laning project. The following were in attendance: Lynn Thorpe - Collier County Dan Brundage - ABB Bob Murray- HM Rick BrylanSki- HM ~ ' Walt Gilcher - HM Dan Brundage reported that: 1. There is essentially no treatment volume capacity for immokalee Road. 2. The Livingston Road system provides an ouffall for the new County Park, Livingston Lakes and April Circle. This severely affects hydraulic gradients and limits capacity. 3. There is a vacant parcel (6 acres +/-) approximately 1,500 feet south of Immokalee Ro~d and adjacent to the Livingston Road alignment which could be utilized fro an off site pond. The pond could potentially ouffall to the Livingston Road swale system. However, Dan says it may be a wetland and it also may have .contarnination problems....' Essentially, the bottom line is that Uvingston will not be able to provide treatment capacity for the Irnmokalee six-laning. &q EN~I~ ITeM MAR 0 9 200q HOLE MONTES MEMORANDUM From: Date: Subject: file ski ~ Rick Brylan January 29, 2(XY'2- Irnmokalee Road - Six Laning Cc: RM/WG/CK Orr this date, I had an informal meeting with Richard Thompson (SFWMD) regarding concepts to provide a water management system for the six-laning of Immokalee Road. The brainstorming session was intended to provide a design to minimize the amount of additional right-of-way necessary for a convenl surface water management system , consisting of open detention/retention swales; utilize as much of the existing sewer infrastructure as practical; provide a management system which meets District criteria and is operational and maintainable for the County. The existing water management system for Immokalee Road is a combination of open retention swales with trench drain ouffall devices acting as bleeder/control structures. The retention swales do not have a direct blccder device, but rely on the trench drains to bleed down the retention swales by percolation through the soil. All of the roadway inlets convey surface runoff to the retention swales via underground storm sewer and bubble-up inlets. The roadside swales are located contiguous to the Cocohatchee canal as well as other parkway portions of the right-of-way to meet the water quality storage requirements. Due to the proposed six-laning improvements encroaching into the existing swales and past maintenance problems of the existing water management system, an aitemative to the open retention swales was discussed. Richard would allow a water management system which includes an exfiltration system to provide the required water quality. However, prior to the roadway storm sewer system outfalling into the exfiltration system, a Best Management Practice (BMP) structure would need to be installed upstream of the exfiltration trench to remove at least 80% of the solids and 90% hydrocarbons. There are many types of structures on the market which meet these criteria. The purpose of the BMP is to extend the life of lhe exfiltratlon trench, which historically fall without this type of device. The exfi!tration trenches should be located within the parkway or sidewalk sections of the right-of-way in lieu of the open retention swales. Thus, minimizing or eliminating the need for additional right-of-way for open swales contiguous to the sidewalk. The BMP should also be located in a comparable area which would be accessible by a vacuum truck for periodic maintenance of the structure. A suggested location would be within the sidewalk area for ease of access, and out of the way of the traffic areas of the roadway. G ........ annual maintenance is suggested - prior and after the rainy season. HAR 0 9 2004 Pg. Project Description: Widen Immokalee Road (CR 846) from the existing 4-lane configuration to 6-lanes. lmmokalee Road is located in Coili~ County and the segment slated for the improvements runs from"'US 41 to Interstate 75. Existing Conditions. Immokalee Road is currently a major 4-lane arterial road. The road is one of five major east/west arterial roads serving Collier County. There is a grassed dividing median which varies in width but typically is from 28 to ,lO-feet wide. This segment of Immokalee Road utilizes Type 'F' curb and gutters and a closed conduit drainage system to collect and convey stormwater from the road. This runoff is directed to treatment swales running parallel to the roadway which provide treatment prio~ to discharge to the receiving waters. The swales discharge to the North Naples Canal, Fast and West branches of the Cocohatchee River and the Cocohatchee Canal. undersized and do not provide the level of treatment cun~ntly required by the SFWMD. ~ swales also do not provide attenuation of the peak discharge rate for the 25-yearB-day model storm currently required by the SFWMD. Because of space limitations the swales as constructed are small and fractionalized. The swales have been a maintenance problem for Collier County*s maintenance staff. There are four major surface Water conveyance crossings of the roadway. In all of these crossings the direction of conveyance is from south to north. The major crossings are: 1. North Naples Canal: 2-6'x 11' Concrete Box Culverls provide the' hydraulic crossing of' the North Naples Canal. The box culverts have an end wall on each end and rip rap erosion protection at each end wall. The flow for the North Naples Canal is controlled by a gated weir structure operated by Collier County. 2. West Branch of the Cocohatchee River. 2 - 8' x 10' Concrete Box CulVerts provide hydraulic crossing of the West Branch of lhe Cocohatchee River. The box culverts have an end wail on each end. The flow for the West Branch of the Cocohatchee River is controlled by a gated weir structure operated by Collier County. 3. East Branch of the Cocohatchee River:. 2 - 8' x 12' Concret~ Box Culverts provide the hydraulic crossing of the Hast Branch of the Cocohatchee River. The box culverts have an end wall on each end. The flow for the West Branch of the Cocohatchee River is controlled by a gated weir sUuctu~ operated by Collier County. 4. Airp~ Road Canal: 3 - 7.5' x 7.5' Concrete Box Culverts provide the hydranlic crossing of the Airport Road Canal. The box culverts have an end wall on each end and rip rap Proposed Improvements. Collier County intmsds to widen lmmokalee Road to 6-lanes from US 41 at the west end of the project to 1-75 on the projects' east end. Roadway drainage will include curb and gutters, curb inlets ~ 'closed conduit collection systems to handle stormwater runoff. The project is approximately 3.5 miles long. Review of Surfnce Water Management Requirements. Page I of 3 A Iq MAR 0 9 200 . ,~(~ The project will be required to obtain an Environmental Resource Permit (ERP) from the South Florida Water Management District. Typical permit requirements are to provide treatment and attenuation of the stormwater runoff in accordance with SFWMD criteria. The District Ixeatment criteria requires stormwater to he Ireated to ~move 85% of pollutants wh~n discharging to Class [] waters and 95% removal of pollulants when discharging to Outstanding Florida Waters. To achieve removal of 85% of the pollutants the District requbes: 1A Ixeatment pond system that will retain or detain a volume of stormwater equal to 1" times thc project area or 2.5" times the percent impervious times the project area whichever provides the larger volume. Should dry retention be used then a 50% ~eduction in the volume will be allowed, be used a 25% reduction in volume will be allowed. 1 2. To achieve the 95% pollutant removal rate required prio~ to discharge to Outstanding Florida Waters the volumes determined above WIll be increased by 50%. 3. The District may accept other methods to achieve the water quality requirements including "stormceptor type basins" with exfiltration trenches. The Cocohatchee Canal is designated as Class [] waters upstr~ of Cocohatchee Weir Structure #1. Downstream of this structure the surface waters are classified as Outstanding Florida Waters. The west 7000 feet of the project, beginning at US 41 will discharge to Outstanding Florida Waters. The District requires attenuation of the 25-year/3-day storm event with discharge rates for this storm limited to predetermined discharge rates for the basin the project falls within. The Immokalee Road projectfalls within the Cocohatchee Basin with an allowable discharge rate of 0.09 cfs per acre. Existing Roadway Surface Water Management System. This segtnent of Immokalee Road utiliz~ Type 'F' curb and gutters and a closed conduit drainage system to collect and convey stormwater from the road. This runoff is directed to t~atment swales nnming parallel to the roadway which provide treatment prior to discharge to the receiving waters. The treatment swales discharge to the North Naples Canal, East and West Branches of the Cocohatchee River and the The degree of treatment provided by the existing treatment swales is not determined. The swales are undersized and do not provide the level of treatment currently required by lhe SFWMD. These swales also do not provide attenuation of the peak discharge rate for the 25-year/3-day stoma model normally Surface Water Quality Treatment Volume Req~ts. U.S. 41 to Nalh Naples Canal · Station 1030+~ to 1060-100 (3,000 feet) Basin 2 & 3 · ~ 11.17 acres · Water Quality Wet Volume Required: 1.75 Ac-Ft Water Quality Dry Volume Required: 1.30 Ac-Ft x'a ofa / MAR 0 9 200tt ! Ma~t~: [ Pg. · Station 1060+00 to 1067+35 (675 feet) · Basin 4 Area: 3.01 acres · Water Quality Wet Volume Required: 0.47 Ac-Fl · Water Quality Dry Volume Required: 0.35 Ac-Fl Goodlette-Frank Road to Cocohatchee Canal (Beginning adjacent to Immokalee Road) Station 1067+35 to 1086+50 (1,915 feet) Basin5A, 5B &6 Area: 8.77 acres · Water Quality Wet Volume Required: 1.37 Ac-FI · Water Quality Dry Volume Required: 1.02 Ac-Fl Cocohatchee Canal (Beginning adjacent to lmmo_~ kalee Road) to Cocohatchee Weir No. 1 · Station 1086+50 to 1098+85 (1,235 fee0 · Basin7&SA · Area: 4.70 acres · Water Quality Wet Volume Required: 0.73 Ac-Fl · Water Quality Dry Volume Required: 0.55 Ac-Fl Cocohatchee Weir No. I to Airport-Pulling Road · Station 1098+85 to 1133+30 (3,455 feet) · Basin BB. 9A, 9B, 9C, 9D & 10C · Area: 12.97 acres · Water Quality Wet Volume Required: 2.00 Ac-FI · Water Quality Dry Volume Required: 1.50 Ac-FI Airport-Pulling Road to Livingston Road · Station 1133+30 to 1184+70 (5,140 fee0 · Basin I IA, liB, 1 lC, liD, 12A, 12B, 13A, 13B & 13C · Area: 19.17 acres · Water Quality Wet Volume Required: 3.09 Ac-Fl · Water Quality Dry Volume Required: 2.32 Ac-FI Livingston Road to 1-75 · Station 1184+50 to 1211+18 (2,648 fee0 · Basin 14A, 14B, 15A & 15B · Area: 10.66 acres · Wate~ Quality Wet Volmm Required: 1.66 Ac-FI · Waler Q~ality Dry Volume Required: 2.32 Ac-FI Total Tmal To~al Tmal Length: 18,118 feet (3.43 miles) Drainage Area: 70.45 Acres Water Quality Wet Volume Required: 11.07 Acr~ Water Quality Dry Volume Required: 8.29 Acr~ Page 3 of 3 and Selfing~\WaltGilcl~.~ gettiag~\Te, ml~n~aty Intm~ Fll~OL~.~lmmtqgale~ Road Sut6 Maaagemmtdoc MAR 0 9 200 Immokalee Road - U.S. 41 to 1-75 Order of Magnitude Costs Offsite Ponds vs. Stormceptor/Infiltration Trenches OFFSITE PONDS Unit Construction of 7 Ponds (11 acres) 11 ACRES Trunk Lines (36' & 48') 15,000 LF Outfall Pipes (36' & 48') 3,500 LF Control Structures 7 EACH Headwall/blES 7 EACH Utility Conflicts 50 EACH Subtotal 20% ConUngency Land Cost (11 acres)* Quantity 479,160 SF Unit Pdce $ 100,000.00 $ 250.00 $ 250.00 $ 7,500.00 $ 2,000.00 $ 10,000.00 $ 17.50 May 6, 2002 Revised June 21, 2002 Amount $ 1,100,000.00 $ 3,750,000.00 $ 875,000.00 $ 14,000.00 $ 6,291,500.00 $ 1,258,300.00 $ 8,385,300.00 TOTAL - OFFSITE PONDS STORMCEPTORS Stormceptor Basins 26 EACH Exfiltration Trench 6,530 LF Control Structures 26 EACH Outfall Pipes (26. @ 50 If) 1,300 LF Headwall4~lES 26 EACH Utility Conflicts 100 EACH Access Improvements 26 EACH Subtotal 25% Contingency 4oo.oo $ 4,000.00 $ 5o.oo $ 3,000.00 $ 10,000.00 $ $ $ $ 15,935,100.00 520,000.00 2,612,000.00 104,000.00 195,000.00 78,000.00 1,000,000.00 4,769,000.00 1,192,250.00 TOTAL - STORMCEPTOR $ 6,221,250.00 *Land Cost Estimated at $15 to $20 per square foot by Collier County Water Mangement~()d~ of Magnitude Cos~. Porm&~~ A NSA MAR 0 9 200/,t HOLE MONTES To: From: Subject: File r~ Walt Gilche August 6, 2002 Immokalee Road - Six Laning MEMORANDUM HM Project No. 2000.067 A meeting was held at the SFWMD on August 5, 2002 to verify with the SFWMD that the use of exfiltration trenches preceded by a BMP structure such as Stormceptor would be an acceptable method to achieve water quality requirements for the referenced project. These systems would replace the existing system which is comprised of treatment swales along the Cocohatchee Canal or exfiltration trenches in the westem end of the roadwhy corridor. In attendance were: Carla Palmer - SFWMD Richard Thompson - SFWMD Gregg Stmkaluse - Collier County Dale Bathon - Collier County Rick Brylanski ' Hole Montes Charles Krebs - Hole Montes Walt Gilcher- Hole Montes The following items were discussed: · Hole Montes reviewed the overall drainage basin of the project area and how the corridor was broken down into sub-basins. · The existing swales along the Cocohatchee Canal that continue to be a maintenance problem for Collier County and the Big Cypress basin were discussed. · The proposed stormwater management system cons[sUng of Stormceptors and exfiltration trenches was reviewed by sub-basin. · The methodology to size the exfiltration trenches and Stormceptors was Page 1 of 2 reviewed. · The currant and known proposed development along the existing roadway corridor, the lack of availability of sites for off road detention ponds and the significant cost differential between retention ponds and the proposed exfiitration tmnciVstomx~ptor systems were reviewed. · Ms. Palmer indicated to the group that there are several potential changes to water quality requirements resulting from state and Federal mane atesAGENDA ITEM MAR 0 9 200~ 0 - 0 · Richard indicated that the District requirements for water quality are currently not set up for review of BMP structures such as Stormceptors. · Richard indicated that the District was under the impression that exfiltration trenches were no longer allowed by Collier County. · Richard indicated that the Stormceptors should be designed.to achieve a minimum of 80% removal of suspended solids. · Based on the proposed location of some of the exfiltration trenches adjacent to the Cocohatchee Canal, Richard indicated that the permit application should include appropriate engineering analysis and documentation to demonstrate that the existing canal slopes will not fail because of saturated soil conditions (pore water pressure) from the exfiltration trenches. · Richard indicated that maintenance procedures and an initial schedule for maintaining the stormceptor units should be included with the permit submittal. Based on the discussions at this meeting, it is this writer's opinion that the District agrees that the continued use of the existing treatment swales along the canal is not acceptable and that due to cost and availability of land, the use of retention ponds for this project is not practiCal along this segment of Immokalee Road. It is also this writers' opinion that the proposed use exfiitration trenches/BMP structures for water quality will be acceptable to the District assuming appropriate design criteria are utilized, i.e., District criteria for the exfiitration trenches and minimum BMP removal rates of 80% for suspended solids. However, the statement that exfiltratlon trenches are not allowed In Collier County needs to be addressed (Dale to Investigate) as well as slope stability (Ardaman). Page2 of 2 ! MAR O 9 200~, i i "', '~: ~.k,: 15:3u F&X 12392 07".'6 02 I-RI ]4:03 FAI 12392. TR~XS~ISSIO ROLE ~IONTES TI/R~ NO CONFECTION 'I'EL SLBADDRESS CONNECTIO~ ID ST. TI?d.E t:S~GE T PGS. RESULT 07/Z6 ).4:03 00'33 1 OK COLLIgg CO_C011~II~I~DEV ~ oo! seal_~ Fram: ;To: Wm~,sday, January 23, 2002 12:o~ PM Adolf~ GonZalez; Al~drea Cortee; Berry ~n~m; BCSE: beau; Bernie BeckneC ~11 Edlman: Bo~ Case; gob Leckhart; Brad Hedrloh; El~lar~ Howell; Brian dm~em: Br~ce A~rson; Bruce McNall: Carl Etarraco; Ch~ Hage~; Chris Wright;. Chuak ToR~m; Cindy Per,riel, Girly IIkL~tm; Dean Smith; Dom ~: De~oUma Zy~m: Oo~ Dan~; Fem~e~ Mike L~ ~ke S~eh; M. K~ K O ~ls~; N~ noM~ d ~ ~duMH~ ~y ~s should be dlm~ to Mr Tom guck... ~a~, ~1 ~ ~ first -' Sr. Engineer ; MAR 0 9 200 Pg. Memorand_um EN INEER N SERVICES DEPARTHE To: Dale A. Bathon, P.E., Principal Project Manager, Trans/ECl~l AUG / Engineering Services Director/County Engineer MONTES, Date: August 26, 2002 AU{~ ~ I} ~ Subject: Use of Exfiltration Trenches T~"" This is in response to your recent inquiry regarding the use of "infiltrators", vaults and exfiltration trenches. The reason that we have been opposed to these devises being used on residential, .commercial and industrial projects is the fear of lack of maintenance. We would not have any objection to their use on County transportation projects where the County would be the maintenance entity. By copy of this memo to Richard Thompson, we are providing SFWMD that we have no objection. If either you or Mr. Thompson should have any questions or should require additional information, please contact me at 403-2472 ~ CC: Mr. Richard Thompson, P.E., Supervising Professional Stan Chrzanowski, P.E., Senior Engineer EN .I-/-~ ! PHONE; 659-5744 FAX; 643.6968 ,. MEETING AGENDA - MINUTES South Florida Water Management District Immokalee Road U.S. 41 to i-75 _ Collier County Project No. 66042 March 27, 2003 The purpose of the meeting was to acquaint new SFWMD staff with the project. In attendance were: SFWMD- Ricardo Valera, Corey Peck Collier County- Dale Bathon Hole Montes- Jesse Stahl, David Dowling, Walt Gilcher KLECE- Glenn Vaters PROJECT OVERVIEW/STAT.US · Reviewed project and scheduling. Permit application will be submitted in about two months. District indicated that it should be a general ERP modification. Review application fee is $1,000. Pierre Fortunat will most likely be reviewer. ENVIRONMENTAL "~ · Wetland Impacts · Minimal wetlands along corridor, no loss of wetland. District requested a copy of wetland mapping. · Outfall Pipes in Canal · Right of way permit required · Cypress Way Bridge Removal · Right of way permit required. · Gopher Tortoise Burrow · Recheck prior to submittal of application · Additional- Include Collier County letter re: state historic preservation site in permit application. · STORMWATER TREATMENT · Existing Systems · Reviewed existing surface water management systems. Exfiltration trenches in western third of project, canal side treatment swales in east ~.rn twn- thirds of project. Treatment swales are con; maintenance problem. Page 1 of 2 MAR 0 9 200~t · Proposed Systems · Exfiitration trenches with Stormceptor (or other similar device) are proposed for the entire project. Land availability for po_nds is very limited. Land cost is extremely expensive. Reuse of existing treatment- swales is undesirable due to continuing maintenance problems. · Ricardo indicated that post-development discharge should not exceed pre-development discharge. Use I~ over entire project or 2;5" oVer new impervious. ICPR should include time steps for 25-yr/3-day storm event. Application should include maintenance procedures and schedules for Stormceptors. · Cocohatchee Canal o 25 Yr-3 day o Obtain from Ananta Nath. o OFW (?) o Cocohatchee is not an OFW at project location per District. · USACOE/EPA WQE (?) · District indicated that the ACOE would make those determinations Pag~ 2 of 2 IA. I MAR 0 9 200~ Pg. ~_~'~ . HOLE MONTES ENGINEERS. PLANNERS-SURVEYORS To: From: Date: Subject: File 2000.067~ ~01 Walt Gilcher/L/~7~ 10/15/03 Immokalee Roadway Widening October 15. 2003 Meeting wilh SFWMD Concerning August 8, 2003 RAI MEMORANDUM HM Project No. 2000.067-1501 On October 15, 2003, a meeting was held at the SFWMD to discuss our proposed responses to the SFWMD comment letter dated August 8, 2003, prior to submittal of the responses. The following were in attendance. · Dale Bathon - Collier County Ricardo Valera - SFWMD Ross Maftiff- SFWMD ~&~.r~,~/ . Wait Gilcher- Hole Montes ~ Jess Stahl-'Hole Montes The following items were discussed: 1...Wetlands and Off-Site Surface Waters - The Wetlands along the project corddor were discussed. A field verification of the wetland limits was conducted on September 10, 2003 with Ross Morton and representatives from Collier County and Hole Montes. While the wetlands are not directly within the limits of construction, several are immedi~.tely adjacent to and down Slope of the construction. Various measures have been provided in the to minimize impact to the wetland areas including double rows of silt screens, immediate slope stabilization with sod and/or geosynthetic materials and turbidity barriers. Plan sheets that had been revised since the original submittal to show more detail of the proposed erosion control methods were reviewed. It was generally indicated by the District staff in attendance that the revised plans would be acceptable. 2. Exfiltration Trenches with BMP Pre-Treatment - In its initial comment letter, the District stated that it was their understanding that exfiltrafion trenches were not allowed in surface water management systems in Collier County in accordance with County Ordinance No. 90-10. We indicated that we had researched this ordinance along with Ordinance Nos. 74-50 and 2001-27, all of which did not specifically address exfiltration trench systems. A copy of Collier County Land Development Cede Section 3.2.8.3.26 was reviewed and it states th,: "exfiltratiOn trenches shall not be us'ed to achieve water quality' retenl W:~;~OIX21XiOO67~lSOO-Permits,,1501. SFWMD-ERP~03 IOlSmem.doc 0 9 200 Pg. residential subdivisions." A Collier County internal memorandum (Kuck to Bathon dated August 26, 2002) was also discussed which indicated that exfiltration trenches could be used on County transportation projects where necessary, provided the County would be the maintaining entity. Regardless of the foregoing, it waS the position of the District staff in attendance that permittable levels of water quality could be achieved for this project with the use of BMP structures only and that exfiltration trenches would not necessarily be required. It was suggested that the permit application and plans for the project be revised to eliminate the exfiltration trenches. A discussion of the types of BMP structures (e.g., Stormceptor) that would be acceptable to the Distdct followed. The District indicated that it was not in the position to endorse or reject the vadous proprietary systems that are available. It was the design engineer's responsibility to specify the appropriate system or systems that would be used for the project and that would be acceptable to the District for permit approval. - :'' The various proprietary systems that are avialable do not all use the same removal parameters and reported removal efficiencies in their designs. For Immokalee Road, systems that remove oils and grease, s and the achieve removal of a minimum of 80% of total suspended solids for a range of storm events over an average year have been proposed for use on the project. The Distdct requested that maintenance procedures and schedules-for the proposed BMP systems also be included in the revised permit application. WFG/jj W:~2000~.000067~ i 500-Permits\1501 - SFWIMD-ERi'V}31015n~m. doc MAR 0 9 200~, Pg. ~ ",,, \ Mr. P~erre R. Fortunat ) Project Analyst South Florida Water Management District Fort Myers Service Center RE' Immokalee Roadway Wi · Collier County, Florida \ HM Project No. 20oo.o y October 13. 2003 Dear Mr. Fortunat: This letter is in response to South Florida Water · August 8, 2003 for the above referenCed responses. F~~t~"O~' t (SFWMD) correspondence of '7~ comments and their Please schedule a site visit with Dist~c~o verily the limits of the wetlands located within the project. Depending on the Info~n~ined during the site visit, additional information may be needed to address of wetland impacts, mitigation, details depicted on the construction plans, maintenance a~a, nedtc' A site Inspection was held with Ross~n~'~-SFWMP~Dale Bathon and Harry Henderson of Collier County, Walt Gilcl~r a/id Je~e~~le Montes, and Glenn Vaters of KLECE on September 10, 2003. i~oss ~ll~ed '{~e entire length of the project from the road to look for well.ands ot~er t~an those mapped in the ERP. He found none. The five wetlands were inspecte~l by he~Lh_~am. R(~ss requested that a :~n~haher~fo~lroa~innggs~ecSi~icl~s..itted that includ~~lie~of erosion control mea,ures W:~2000~2000067~1500-Permits\1501 - SFWMD-ERF~pf030827respltr. doc ;or lite water uUIity ptpe during its -1,,,,,-,,~ A~;'-... o,._ _,_':-.. 'T ' the i,-,,-.-* ......,,, ,_ ...... .-:-. ~.,,,,,,~,ml~,~. ~,m u,= pipe is In place, · ,,~,0,-, -,,~ wm oe ;mme~lal~el~lN:l kind i~.seoond silt ........ be "'aced bel ......... T"~-. .... _W.,- -to-~-v,,- ~,,~ screen Will ~- ~w me me o! Slope~rme road O~nst~uction footprint. ~Oe~V_e,_tla,_nd 3,_the _el_~o~. west. of_ the cul~rt ~ill be covered with eumng ana so~led immediately after co~stru~llli~. Silt screen will be placed along the lip of the_ culvert an~i~oe of slope with a second screen five feet beyond the first adjacent to weUand. The area between the two screens will be sodded.. Two floating tut Will be placeci in the canal north of the culvert; one a~ another at 40 to 50 feet. MAR 0 9 200 · Two silt scr~m~}~ee-pl~ced ~e feet apart along wetland 1. The area between-~if~ll~ sodded. "~; t ., ~,a, nd '~will only r_equire o.)~e s'j~screen along the wetland edge. Please provide an o~erall~onstruction~s];TA~' that depicts the location of the turbidity and erosion controls utilize, for~he~~'~ clearly demonstrates that adjacent wetlands and off-site receiving wate~bo~ot be adversely impacted. Depending on the information provided in resp~~estion, ad_ditional information/documentation may be requested in order to address environmental issues (i.e., water quality degradation, etc.) associated with the projects proposed controls. Please see sheet 191 barrier. See plan #190 and 188 for construcfl amount of silt screen and turbidity location of each and see drawings Please provide for the construction activities located adjacent to wetland areas. The to include wetland limits, upland buffers, location of turbidity and controls, existing and final grades/slopes, stabilization measures, etc. We have included general cross sections~ho~ing~the wetlands and the water line and roadway construction, See sheet #188/~,~:~ ~... .. As currently proposed, the surface wat)~r~s~mprised of BMP structures and exfiltration trenches. Sta~/ ~d~t~tanding ~J/~ll'~per Collier County revised Ordinance 90-10, exfiltration trenche~f ~[re not allowed as part of a surface water management system. Please clarify or//r~he design to includeanother type of surface water management system. ~ The originating Collier County ordinance Management Policy is provided in Collier amendments to Collier County C Ordinance No. 90-10 and Collier County Ordim ordinances, we cannot find any language in exflltraflon trenches as part of a surface water ordinance is included herein for your review. County Water 74-50. Subsequent in Collier County review of these would preclude the use of system. A copy of each We are also providing a copy of a memorandum dated August 26,_~20e~ from Mr. Thomas E. Kuck, .P.E., Director, Collier County Engi.,m~...,ng ~..S~H~Ii~[~. Dale A. Bathon, P.E. regarding "Use of Exfiltration Trenches"~clf sl~es that, "We would not have any objection to their use on Count~tr~'~lil~6it~aflo~ projects where the County would be the maintenance entity." A col~yjBl this rn~ord[tdum was provided toMr. RichardThompson, P.E. ~_ _ _~ _~ Further, we are including an excerpt fro.m, the Collier County La~d~i;;l~pment Code (Section 3.2.8.3.26) which indicates that exfiltration trench~l not achieve water quality r~tenfion for residential subdivisions." This provi~io~~lTl'~ effective on January 1, 2002. As stated in the code, the prohibition of tl~ u.~ o~ exfiltration trenches applies to residential subdivisions only. We are nol~awar~/l~ / W:~67~lS00-Permits\1501 - SFWMD-ER~7respltr.doc o other ordinance or code~l_W, i~~~--~ibi~t ~e use of exfiltration trenches ,o achieve wate~f~th"b'q-mmokalee I~O. ad project. The tota/ project are&,of T~66 acres labele~~Sect,,._ ,,. .......... -- /...~,, ,.,o,.,,~,,, ,.~ ur ~ne app#cation pac/(age differs from the total area fore,the ~asins sho_j4, ~e draina e basin ~ t ~ ' ' g datasheet Plea ' ~ se clari~ or re.seasne~ed, j~ ~ a~ached Lan~ Table - Exhibit B. If you need further information, please do not Very truly yours, For basins 14A, 14B, 15A & 15B, ~'mum road crown elevation is not two (2) feetab°vethec°ntr°l~~eb~~ase/:eviseasneeded. The Drainage Basin Data ~D~in-tl~e~ Initial_submittal show the control elevation per original..permit~appi[~"~R.1~lti).~~ now have the Cocahatchee CanaLand its ,ydrau~m' ~iY i~l-t~is permit application, the control is actually nea~tion given'if:l'-t~le ~ ......... ="'"*"" """ '" ~0 &nan Tile conlrol~ although it would ~he-aPP-r~)'~il~at, elevation of the canal d_urin.g !ts. peak eleva~ year/3 'cl'ay-~rm event across the entire ~;ocanatcnee uasin. The Cocahatchee Basin extends into Lee and Hendry County. The elevation of roadway is more than adeq,a~ have attached an excerpt from our submittal (Exhibit-C} with several of the ~$~~) has issued in the past. with Control elevations for ha.ns re"ch furt¥ o can' i an ours is The rev ous control elevation referred to the d,~, ,<-~*,~----~,~'----..-- -. "-- -- ' P ro. a ~,~,~to contact me. HOLE MONTES, INC. Jesse R. Stahl, P.E. JRS/ja Enclosures Ross Morton Dale Bathon Walt Gilcher Dave Dowling File W:%~:)00~O00067~1500-Permits\1501. SFWMD-ERl~f030827respltr.doc AGENDA ITEM No. ![~1~--,,~ ..~..~ MAR 0 9 200~ LOYVE~ ~VEsT COAST REGIONAL SERM]CE CE~t ~ 2301 McGregor Boulevard. Fort NIvers. Fl_ 33~'q (239) 3.'k'4-292~ · FL X\'.-\T$ 1-600-2-15-1201 · c3uncom ;'45-2~2ct · Fax t239) ~38-297~ · wwwsi~vmd ~ov/org/ex.o/itll~ver,; CON 24-06 '~ August 8, 2003 Jesse R. Stahl, P.E. Hole Montes, Inc. 6202-F Presidentil Court Fort Myers, Florida 33919 RECEIVED AUG 1 1 ZD03 HOLE MONTES, INC. Subject: Immokalee Roadway Widening Application No: 030711-18 Collier County, Sections 19, 22 thru :27; 30, Township 48S, Range 25E, 26E Dear Mr. Stahl: The staff has completed a preliminary review of the above referenced application. The District's project analysts are Pierre R. Fortunat and Cory Peck, PWS. The information received was incomplete and did not adequately address the following items. According to Rule 40E~0.103, Florida_. __A.~.ministrative Code (FAC), the District requests the following information, needed to complete the application. - Please schedule a site visit with District to verify the limits of the wetlands located within the project. Depending on the information obtained during the site visit, additional information may be needed to address the extent of wetland impacts, wetland mitigation, details depicted on the construction plans, maintenance and monitoring plans etc. Please provide an overall construction sheet that depicts the location of the turbidity and erosion controls utilized for the project and cieariy demonstratea that adjuce, n; weti~u;da off-site receiving water bodies will not be adversely impacted. Depending on the information provided in response to this question, additional information/documentation may requested in order to address environmental issues (i.e., water quality degradation, etc.) associated with the projects proposed erosion and sedimentation controls. Please provide cross-sectional information for the construction activities located adjacent to wetland areas. The croas-section details need to include wetland limits, upland buffers, location of turbidity and erosion controls, existing and final grades/slopes, stabilization measures, etc. 4. As currently proposed, the surface water management system is comprised of BMP structures _ He~y Dean, Extrttti~t Director F4 _ ~ ~ .';AT~ ~ "-.,,,6-..,,,~--~,~ Nicolls J. Gufi~n'rez, Jr., F_.,sq., CT~ir Michael CoUin$ Kevin McC. arty Pamela Brooks-Thomas, Vice-Ch~ir Hugh M. English Harldey R. Thornton lrela M. Bagu~ Lennart E. Lindahl, P.E. Trudi K. Williams, P.E. DZSTmc-rHC. aOOu~Xr~x$: 3301 Gun Chub Road, P.O. Box 24680, West Palm Beach, FL 33416-4680 · (561) 686-8800 · DEP/NPDES Program Attachment Included with this letter is a brochure from the Florida Department of Environmental Protection (DEP) on Florida's National Pollutant Discharge Elimination System (N'PDES) program for construction activities. As the brochure indicates, the U.S. Environmental Protection Agency authorized the DEP in October 2000 to implement the NPDE$ stormwater permitting program in Florida. The District is assisting DEP by distributing this information to entities which may be subject to regulation under the NPDES program. No response to the District is required. A "Generic Permit for Stormwater Discharge from Construction Activities that Disturb Five or More Acres of Land" is required for a construction activity which contributes stormwater discharges to surface waters of the State or into a municipal separate storm sewer system and disturbs five or more acres of land. A permit is required for less than five acres if the activity is part of a larger common plan of development or sale that will meet or exceed the five acre threshold. The permit required under DEP'S NPDEs stormwater permitting program is separate from the Environmental Resource Permit required by the District. Receiving a permit from the District does not exempt you from meeting the NPDES program requirements. If you have any questions on the NPDES program, there are DEP phone numbers,' mailing addresses and intemet web page addresses in the brochure. The DEP web site, at 'www'dep'state'fl'us/water/st°rmwater/npde~t, provides information associated with the NPDES program including all regulations and form cited in the brochure. Immokalee Road-6 Lane Order of Magnitude Costs Offsite Ponds vs. BMP's and infiltration Trenches OFFSITE PONDS Quantity Unit Construction of 7 Ponds {11 acres) 11 ACRES Trunk Lines (36' & 48') 15,000 LF Outfall Pipes (36' & 48') 3,500 LF Control Structures 7 EACH HeadwaWMES 7 EACH Ut~ity Conflicts 50 EACH Subtotal 20% Con~ngency Land Cost (11 acres)* 479,160 SF Unit Price $ 100,000.00 $ 250.00 $ 250.00 $ 7,500.00 $ 2,000.00 $ 10,000.00 $ 17.50 TOTAL - OFFSITE PONDS 'Land Cost Estimated at $15 to $20 per square foot by Collier County Amount $ 1,100,000.00 $ 3,750,000.00 $ 875,000.00 $ 52,5O0.00 $ 14,000.00 $ 6,291,500.00 $ 1,258,300.00 $ 6,385,300.00 $ 15,935,100.00 OCT 15,2003 BMP STRUCTURES-W/TRENCH BMP Structures 34 EACH Exfiltration Trench 8,600 LF Co~trol Structures 24 EACH Outfall Pipes (24 O 50 If) 1,2(X) LF Headwall/NIES 24 EACH Utility Conflicts 30 EACH Access Improvements 24 EACH Sublotal 25% Contingency TOTAL - BMP Structures w/trench $ $ $ $ $ $ 30,000.00 350.00 4,000.00 150.00 3,000.00 10,000.00 10,000.00 $ 1,020,000.00 $ 3,010,000.00 $ 180,000.00 $ 240~000.00 $ 4,918,000.00 $ 6,387,500.00 6-11-03 DESIGN BMP STRUCTURES W/O TRENCH BMP Structures 46 EACH Exflltration Trench 0 LF Control Structures 0 EACH Outfall Pipes (27 O 50 Il) 1,350 LF HeadwaWMES 27 EACH Utility Conflicts 33 EACH Access Improvements 27 ' EACH 24' RCP Replacement Pipe 3,335 LF Subtotal 25% Contingency TOTAL - BMP Structures w/o trench $ 3..=,0.00 $ 4,000.00 $ 150.00 $ 3,000.00 $ 10,000.00 $ 10,000.00 $ 150.00 $ 1,380,000.00 $ $ - $ 81,000.00 $ 330,000.0O $ 270,000.00 $ 500~.50.00 $ 2,763,750.00 $ 690,937.50 $ 3,724,687.50 10-15-03 DESIGN PRELIMINARY OCT 1 5 2003 W:'x20005200(X)6'~0500-Sufface Water Mangement~O~der ot Magnitude Costs - Ponds&Stormceptor. xlsOrder ol Poods& Stormceptor.xls MAR 0 9 2004 ! Lgnitude Costs - ! Walt Gilcher From: Sent: To: Cc: Subject: rvalera @ slwmd.gov Sunday, February 08, 2004 11:00 AM Walt Gilcher Jesse Stahl; rmorton @sfwmd.gov Re: Collier County - Immokalee Road Project - Exfillration Trenches Walt, The memo you prepared summarizing our meeting of October 2003 in which we discussed, among many things, the use of exfiltration trenches vs. BMP's, is accurate. Field observations conducted by District Staff, meetings between District Staff and Collier County Storm Water Engineers and the intent of recent revisions made to both ordinance 90-10 and the land development code, confirm that the use of exfiltration trenches for road projects, where existing conditions impede construction of traditional water management ponds, is not the best option. We suggest the use of BMP's rather than exfiltration systems for the Immokalee Rd. widening project. A maintenance and operation schedule, indicating the frequency of inspections and cleaning, will be required during the review process. Should you have any further questions or comments, please do not hesitate in contacting me. Thanks Ricardo Ricardo A. Valera, PE Senior Supervising Professional Lower West Coast Service Center Original Message From: Walt Gilcher <WaltGilcher@hmeng.com> Date: Friday, February 6, 2004 12:29 pm Subject: Collier County - Immok~lee .Road Project - Exfiltration Trenches > Ricardo - Per our phone discussion, below is a copy of a file memo of > the meeting that we had on October 15, 2003 for Immokalee Road project > in which we discussed elimination of the proposed exfiltration > trenchesfrom the surface water management system. Collier County has > requested that you provide an indication that you (the District) > concur with the suggestion to eliminate the exfiltration trenches. > As we discussed, please reply by return e-mail if you concur with the > contents of the memo. If not, please give me a call to discuss. > > Thanks - Wait Gilcher > > > > > MEMOR3~DUM > > > > > I AR 0 9 200 i To: File 2000.067-1501 From: Wait Gilcher Date: 10/15/03 Subject: Immokalee Roadway Widening October 15, 2003 Meeting with Concerning August 8, 2003 RAI I-~ Project No. 2000.067-1501 On pctober 15, 2003, a meeting was held at the SF~MD to ~iscuss our proposed responses to the SFWMD comment letter dated August 8, 2003, prior to submittal of the responses. The following were in attendance 2 AGENDP~ ITEM MAR 0 9 200 Dale Bathon - Collier County Ricardo Valera - SFWMD Ross Martin - SFWMD Walt Gilcher - Hole Montes Jess Stahl - Hole Montes The following items were discussed: > 1. Wetlands and Off-Site Surface Waters - The wetlands along the > project corridor were discussed. A field verification of the wetland > limits was conducted on September 10, 2003 with Ross Morton and > representatives from Collier County and Hole Montes. W'nile the > wetlandsare not directly within the limits of construction, several > are immediately adjacent to and down slope of the construction' > Various measures have been provided in the to minimize impact to the > wetland areas including double rows of silt screens, in~aediate slope > stabilization with sod and/or Geosynthetic materials and turbidity > barriers. Plan sheets that had been revised since thei.°riGinal > submittalto show more detail of the proposed erosion control > methods were > reviewed. It was Generally indicated by the District staff in > attendancethat the revised plans would be acceptable > - > > 2. Exfiltration Trenches with BMP Pre-Treatment - In its initial > comment letter, the District stated that it was their > understanding that > exfiltration trenches were not allowed in surface water management > systems in Collier County in accordance with County Ordinance No. > 90-10. > We indicated that we had researched this ordinance along with > OrdinanceNos..74-50 and 2001-27, all of which did not specifically > addressexfiltration trench systems. A copy of Collier CoUnty Land DevelopmentCode Section 3.2.8.3.26 was reviewed and it states that "exfiltrationtrenches shall not be used to achieve water quality retention for residential subdivisions.. A Collier County internal memorandum (Kuck to Bathon dated AuGust 26, 2002) was also discussed which indicated that exfiltration trenches could be used on County transportation projects where necessary, provided the County would be the maintaininG entity. ReGardless of the foregoinG, it was the position of the District staff in attendance that permittable levels of water quality could be achievedfor this project with the use of BMP structures only and that exfiltration trenches would not necessarily be required. It was suGGested that the permit application and plans for the project be revised to eliminate the exfiltration trenches. A discussion of the types of BMP structures (e.G., Stormceptor) that would be acceptable to the District followed. The District indicated that it was not in the position to endorse or reject the various 3 0 9 200 . proprietary systems that are available. It was the design engineer's responsibility to specify the appropriate system or systems that would be used ior the project and that would be acceptable to the District for permit approval. The various proprietary systems that are avialable do not all use the same removal parameters and reported removal efficiencies in their ~esigns. For Immokalee Road, systems that remove--oils and greases and the achieve removal of a minimum of 80% of total suspended solids for a range of storm events over an average year have been proposed for use on the project. The District requested that maintenance procedures and schedules for the proposed BMP systems also be included in the revised permit application. > > WFG/j j > > > > > > > > > > > > > AGENDA 0 9 200 EXECUTIVE SUMMARY BOARD APPROVAL OF A BUDGET AMENDMENT TO RECOGNIZE ADDITIONAL REVENUE FROM CONTRACT NO. ML040284 WITH THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT IN THE AMOUNT OF $40,000 OBJECTIVE: Board approval of a budget amendment to recognize additional revenue from the surface water sampling Contract ML040284 in the amount of $40,000 to the Water Pollution Control Fund (114). CONSIDERATIONS: As part of the annual budget process, projected revenue amounts are estimated. State contracts are generally finalized by mid August to early September after the budget process, creating revenue variances, which are recognized via budget amendment. The Pollution Control Department will receive additional revenue from Contract ML040284 in the amount of $40,000. With the additiorial revenue, and to fulfill the contract requirements, the following purchases of other machinery and equipment are needed: Replacement Sonde for YSI meter for monitoring field parameters $3,730. · Incubator (Refrigerator) for reagents, supplies and standards storage $3,500. · Wireless thermocouple based temperature transmitters for monitoring temperature $5,200. · Turner Designs Fluorometer $7,000. · Safety Showers $3,400. · Flammable Storage Cabinet $ 900. · YSI meter computer replacement component $1,625. Operational Expenditures · Equipment repair $5,000. · Minor lab modifications and certification $2,500. · Travel and training $2,375. · Minor operating supplies $3,500. · Laboratory .analysis that cannot be performed in-house $1,270. FISCAL IMPACT: Funds are available in South Florida Water Management District Contract ML040284 and will be placed in the Water Pollution Control Fund (114). GROWTH MANAGEMENT IMPACT: The approval of this contract will significantly contribute to the implementation of many of the goals of the Conservation and Coastal Management Element of the Growth Management Plan. No., c [ ,, MAR - 9 200, p~.____t Executive Summary ML040284 Page 2 RECOMMENDATION: the additional revenue from Contract ML040284 and amendment in the amount of $40,000. SUBMITTED BY.' ~~~ ?~ ' l~lar~ Cor~lis~e~ Operations Supervisor Pollution Control & Prevention Department That the Board of County Commissioners recognize approve the budget Date: Jim Felix, Principal Environmental Specialist Pollution Control & Prevention Department ~,ap,~mith, Directo{j Pollution Control & ~re~l~Department APPROVED BY.'C~W D~ L~~ J James~W. l e ony, P.E, Adrr~nistrator ~ Utilities Division / Date: MAR 0 9 2004 PG... ,,7... EXECUTIVE SUMMARY APPROVE AN AGREEMENT BETWEEN CALUSA ISLAND VILLAGE, L.C., A FLORIDA LIMITED LIABILITY COMPANY AND THE BOARD OF COUNTY COMMISSIONERS REGARDING THE PROPOSED UPGRADES TO THE GOODLAND WATER PUMPING STATION. OBJECTIVE: That the Board of County Commissioners as Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve an Agreement between Collier County and Calusa Island Village, L.C., dealing with the construction and use of an upgraded pump station at the Goodland Tank in order to continue to provide adequate water pressure and an adequate potable water supply to Calusa Island Village, L.C., Goodland and Key Marco. CONSIDERATIONS: Calusa Island Village, L.C.'s Planned Unit Development (PUD) was applied for, has been approved, and is currently under construction. During project review it was determined that the Goodland water system in its present condition would be unable to supply adequate capacity and pressure for the additional units associated with the Calusa Island Village L.C. and any future development. The Goodland Water Booster Pumping Station Upgrade, Phase I improvement study was conducted by Greeley and Hansen LLC in July 2003. This study determined that the work will include replacement Of the existing pumps, drives and controls, relocation and replacement of the existing fuel tank, and that repair/rehabilitation of the pump station piping and valves was needed in order to provide adequate water supply to Goodland, Key Marco, Calusa Island Village, L.C. and potential future users. As part of this project, the developer for Calusa Island Village, L.C. has agreed to pay a prorata share of costs estimated at this time to be $173,200, with a contingency maximum of $200,000, associated with the design, permitting and construction of the capital improvements to the pump station for growth anticipated in the Goodland area. The total actual costs shall be advanced to the County by the Developer according to the payment schedule specified in the Agreement. Calusa Island Village, L.C. will use approximately 10,400 gallons per day (gpd) out of a total potential additional future demand of 68,330 gpd. As part of the Agreement to upgrade the pump station, consideration was given to the Developer for the opportunity to be reimbursed for his monies spent upgrading the pump station from potential future 'users. This reimbursement consideration will extend for a period of ten (10) years from the date of this Agreement. If any of the named properties/parcels apply to the County for building permits, the developer for Calusa Island Village, L.C. will be reimbursed by the owner/developers of these parcels for their pro-rata share of the investment. This Agreement does not guarantee the developer any amount for reimbursement; rather the rate of development will dictate what money might be recouped. This Agreement has been reviewed by staff from the Public Utilities Division and the County Attorney's office and has been approved as to form and legal sufficiency. FISCAL IMPACT: A budget amendment is required to recognize unanticipated revenues generated from this Agreement and increase project appropriations in the estimated amount of $173,200. The source of funds is a private contribution from Calusa Island Village, L.C. Staff estimates a fee of $50 to record the Agreement. GROWTH MANAGEMENT IMPACT: This project is needed to meet current and future water management needs in the Goodland service area. RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the Collier County Water-Sewer District, approve the Agreement between Calusa Island Village, L.C. and the Board of County Commissioners as Ex-Officio the Governing Body of Collier County, approve the necessary budget amendment, and authorize recordation of the Agreement in the Official Public Records of Collier County. ~., IlAR 0 9 200 PG., ,,'; PREPARED BY: · ' ' eBarbara A Olko, Adm Assistant Public Utilities Operations REVIEWED BY: ,~ ~ 5~~.~ Date: Ann Marie Saylo-r~perations Analyst Public Utilities Administration REVIEWED BY: Alicia Abbott, Project Manager Public Utilities Engineering Date: oq./II~l i E)~ REVIEWED BY: Thomas G. Wides, Director Public Utilities Operations Date: REVIEWED BY:. 6t~~0,,~ ~Tz~ e e> A Roy B. Anderson, Director Public Utilities Engineering . APPROVED BY.'~es ~~ministrator ~.~blic Utilitiesy~vision ' Date: 0 9 200 AGREEMENT FOR POTABLE WATER SERVICE CALUSA ISLAND VILLAGE (GOODLAND AREA) The effective Date of this Agreement is the 6~'~ day of March, 2004. THIS AGREEMENT FOR POTABLE WATER SERVICE to be provided by the County to the Development Site is between the Board of County Commissioners of Collier County, Florida, as the Governing Body of Collier County, as the Ex-Officio Governing Body of the Collier County Water-Sewer District and the Goodland Water District hereinafter (the "County") and Calusa Island Village, L.C., a Florida Limited Liability Company ("Developer"). One primary purpose of this Agreement is to contract with the Developer to grant to the Developer ten (10) years to recover some of its costs if and when other specified lot(s) or parcel(s) of land connect to the subject system. RECITALS WHEREAS, Developer requests the County to supply potable water to and for the Development Site (which Development Site land area is described in Exhibit "A", attached hereto); and WHEREAS, the proposed Development is in need of a supply of potable water from the County to the Development Site. The total anticipated water demand from the Development Site may not be available from the now existing Goodland water utility facilities, and these facilities may have to be rehabilitated, renewed and/or upgraded before the County can provide the total potable water demand required by the Development Site; and WHEREAS, all lots except those noted in the Chart (page 4) are grandfathered against reimbursement t° Developer and each such lot has a claim to water capacity from the facilities that is superior to the reserved water rights of the Development Site, and one (1) or more of such vested lots/parcels could possibly request water service from these facilities anytime during the ten (10) year reimbursement time frame: and WHEREAS, County shall supply the subject potable water to the Development Site by purchasing potable water from the City of Marco Island pursuant to assignment to that City of a former agreement between the County and a private utility, Florida Water Services Corporation (FWSC). The City of Marco Island has recently purchased the Marco Island Utility System from FWSC and as a result the source of the subject potable water is now and is anticipated into the foreseeable future to be that City; and 0 9 200 WHEREAS, before the total demand of the subject potable water can be supplied by the County to the Development Site, the Capital Improvements described in Exhibit "B". Goodland Water Booster Pumping Station Upgrade - Phase I, from Greeley and Hansen, (attached hereto) may or may not have to be completed, depending of the extent, if any, that vested lots may request service and the fact that the total actual excess capacity in the existing facilities has not been quantified; and WHEREAS, Developer agrees to pay all project costs associated with design, permitting and construction of the growth components of the Capital Improvements (the component parts of which are described in Exhibit "B", attached hereto) to enable the County to provide adequate pressure, quantity and quality of potable water by improving the current facilities to meet the (increased) build-out demands of the Development Site (current and future uses), which maximum average daily demand is projected by the Developer to approximate but not exceed sixty-eight thousand three-hundred and thirty (68,330) gallons per day (GPD) and an anticipated average daily demand of 10,400 GPD for Calusa Island Village; and WHEREAS, Developer and County estimate that the projected costs of design, permitting and construction of the growth portion of these capital improvements will total approximately $173,200, and may exceed that sum, but Developer's obligation under this Agreement shall not exceed $200,000; and WHEREAS, the total, actual costs shall be advanced to the County by Developer according to the payment schedule specified herein; and WHEREAS, the total of these costs shall be adjusted-as appropriate (by mutual agreement of the parties) based upon determination ~f the final, actual costs; and WHEREAS, if at anytime within ten (10) years from the effective date of this Agreement, any representative of any non-vested lot(s) or parcel(s), identified below in the Chart (page 4) (the legal descriptions of which are in Exhibit "C" attached hereto), applies to the County (or later possibly to the City) for any County authorization and the respective County approval will require that the respective non-vested lot or parcel will require water service from the subject water system, a pro-rata share shall be applied to each such non-vested lot or parcel of real property and the Developer shall be reimbursed by the landowner (or representatives of the landowner) prior to the County providing water service to the respective non-vested lot or non-vested parcel of land. It is possible that within the ten (10) year reimbursement time frame AG~NOA I T£~'~ .... .o. I1~ 2 gAR 0 9 200 , the subject facilities and service area may be transferred by the County to the City by Interlocal Agreement. In that event the County shall make such transfer subject to this Agreement; and this Agreement shall to the greatest extent allowed by law shall be binding on the City during the 10 year reimbursement time frame; and WHEREAS, the applicable payment shall be determined by the future estimated average daily water demand for each non-vested lot or parcel, and shall be paid by the respective non- vested property owners directly to the Developer for the purpose of reimbursement to the Developer for such property's pro-rata hydraulic share of the Capital Improvements paid for by Developer under this Agreement. It is not anticipated that any non-vested lot/parcel will be eligible for water service from the subject utility facilities, but in the event that any non-vested lot(s)/parcel(s) listed in the Chart (which are described in Exhibit "C") should be eligible for and require water from the subject facilities, that parcel must pay to Developer the applicable pro- rata hydraulic share of the improvements in accord with the Chart subject to adjustments determined by the final actual costs; and WHEREAS,' no such County approval with regard to any non-vested lot or non-vested parcel of property shall be vested Unless and until County staff is convinced that the applicable reimbursement has been received by Developer. The County shall not operate as a collection agent. Although County will administer this Agreement in good faith, the County shall not be liable to Developer or any other individual or entity in the event that any reimbursement(s) is/are not paid to Developer; and WHEREAS, no such application received by County staff after the ten (10) year anniversary of this Agreement shall require any non-vested lot or parcel of'land to make any reimbursement to Developer pursuant to this Agreement; and WHEREAS, the amount of reimbursement money to be paid by each respective non- vested property shall be the total future contribution calculated on the basis of $2.53476 per gallon per day average daily water demand (based upon the estimated $173,200). The amounts calculated below are estimated to be Aff-~Ri)A I TE~I~I~.~ I 0 9 20Or, I Chart Area / Property of the Non- Future Estimated Future Vested Lots/Parcels Average Daily Contribution for Water Demand Growth Component Calusa Island Village 10,400 gpd $ 26,361 Calusa Island Marina 18,200 gpd $ 46,133 Palm Ave. Tract 2,930 gpd $ 7,427 Future County Park 8,000 gpd $ 20,278 Moran Condos (48 units) 28,800 gpd $ 73,001 Totals 68,330 gpd $173,200 Only each above-listed non-vested lot/parcel must pay to the original Developer its respective pro-rata share of the actual total costs for the subject Capital Improvements in the event that the respective non-vested lot/parcel is to have access for service from these utility facilities. The applicable pro-rata share shall be allocated to the Developer in relation to the original contribution as adjusted by mutual agreement of the parties, as appropriate, to reflect the final actual costs; and WHEREAS, the Developer shall be eligible to be reimbursed its actual expenditures for the specified items, which, as specified in this Agreement, shall not exceed $200,000; and WHEREAS, the entire Developer Site must connect to the County Water Facilities upon completion of the Project, subject to payment to the County of all then applicable charges related to water meters, tapping charges and other generally applicable charges for such service; and WHEREAS, with regard to these capital improvements, the County shall not impose any water or wastewater impact fees against the Development Site; and WHEREAS, Developer has accepted the terms and conditions in this Agreement as part of the County's review and approval of the Developer's land use petitions. 4 PIAR 0 9 200 ! 7 ,] NOW, 1. 2. o o WITNESSETH THEREFORE, the parties hereto agree as follows: The above WHEREAS Clauses are incorporated herein as if set out herein. The Developer agrees that the County shall design, permit, and construct the Capital Improvements to the Goodland potable water facilities as needed to upgrade the County's existing water system as described above, with the Developer funding the growth portion of said costs, and Developer agrees to connect the Development Site to the County's existing water utility system, at Developer's sole expense and at no cost to the County. Pro-Rata Reimbursement to Developer for Later Physical Access to the Capital Improvements. Representatives regarding each non-vested lot or non- vested parcel of land, if any, that requires water service from these Capital Improvements shall be required to pay its pro-rata reimbursement to the Developer if, within (10)years from the effective date of this Agreement, a representative for one or'more below-described lot(s) or parcel(s) of land then requires water service from these Capital Improvements, and at any time within this ten (10) year time frame applies to the County for any permission or approval that will require the respective lot(s) or parcel(s) of land to connect into the Capital Improvements for water service. The potable water service to the lands within the Calusa Island Village ("Development Site") shall be connected to the County's potable water utility system at a connection point approved by the County. Developer shall be allowed thirty (30) days to review and comment upon the reasonableness of the proposed project budget and specifications. Subject to adjustments as specified, the Developer shall make a payment of the estimated amount ($173,200) to the County in exchange for the County providing potable water service at adequate pressure, fire flow, quantity and quality of water for service to the Development Site. Subject to adjustments as specified, this estimated sum of $173,200 shall be paid to the County as follows: o a. Eighty-six thousand six hundred dollars ($86,600) shall be delivered to staff within thirty (30) days of execution of the Agreement by the Chairman of the Board of County Commissioners; and b. The remaining unpaid balance shall be delivered to staff before any Certificate of Occupancy is issued with regard to the Development Site. If the final, actual-costs are NOT known at that time, the second installment payment shall be $86,600. If the final costs are known at that time and total less than $173,200, Developer shall pay such smaller balance due. If the final actual costs exceed $173,200, the Developer shall pay the remaining balance up to, but not to exceed, a total of both payments of $200,000. If Developer's costs (now estimated) are less than $173,200, the difference shall be reimbursed to Developer within thirty (30) workdays after those actual costs have been finalized. Although the Developer desires that the subject potable water be available to serve the Development Site not later then October 1, 2004, the County cannot make a firm promise to meet that date or meet any other estimated deadline date. However, the County will proceed in good~ faith to try to provide service to the Development Site as reasonably possible. To the extent that effective service can be provided to the Development Site from the now existing facilities, and subject. to priority of vested lots, and notwithstanding completion of the subject capital. improvements but subject to the Developer paying the applicable fees to the County as scheduled, Developer shall be allowed to make connections to the subject water system and receive the concurrent applicable Certificates of Occupancy. The Developer will pay all costs associated with installation of water meters and water tapping charges by the County as applicable at the date of connection of the Development Site to the County's potable system. The County and the Developer agree that, to the greatest extent allowed by law, all the terms, covenants and conditions herein contained are and shall be binding upon their respective assigns or other transferee(s) of this Agreement, including, with regard to the County, the City of Marco Island should within the ten (10) ~o. IIo~ 6 HAR 0 9 200t, 10. 11. year reimbursement time frame, this system is sold to or otherwise transferred to the City of Marco Island by Interlocal Agreement. In such event the County will expressly make such Interlocal Agreement subject to this Agreement to be binding on the City to the greatest extent allowed by law. If either party (successor, assign or transferee) desires to give notice or to make any tender to the other party hereto, such notice or such tender must be in writing and shall be deemed delivered when actually received by the other party via hand delivery or by delivery through the United States certified mail, return receipt requested, and addressed to the party for whom it is intended as follows: Collier County Water-Sewer District Attn. Public Utilities Administrator 3301 East Tamiami Trail, Building H Naples, FL. 34112 Calusa Island Village 5130 Main Street, Suite 6 New Port Richey, Florida 34652 Copy to: Leo J~ Salvatori, Esq. 4001 Tarniami Trail North, Suite 330 Naples, Florida 34103 Nothing herein shall be construed to prevent either party from changing above- stated place in Florida to which subsequent notice should thereafter be addressed, but no such notice of change of address shall be valid unless given in accordance with the terms of this paragraph 10. Failure of County or Developer to comply with any provision of this Agreement shall be sufficient basis upon which the other party may terminate this Agreement except to the extent, if any, that such failure or delay(s) have been caused by Act of God, war, strike, fire, flood, weather, lack of supplies, breakdown or shutdown of equipment, failure and capacity of transportation facilities, or any law, rule or regulation, or order or action of any court or agency of instrumentality of any government, or any other cause beyond the control or the party hereto responsible for or charged with such failure or delay. However, the nature of this Agreement requires both parties, and their successors and/or transferees, must administer this HAR 0 9 200 PG. /~ Agreement in utmost good faith and that termination of this Agreement shall be a last resort remedy. IN WITNESS WHEREOF, the parties hereto, acting under authority of their respective authorized offices, have caused this Agreement to be duly executed as of the day and year first above issued. First Witness i.~}~ted~~~~/~irst Withess Calusa Island Village, L.C., a Florida Limited Liabi~ BY: ~o~be~X~ ,M. Reed~,-~,_a~a~ag~ (L.S.) ACKNOWLEDGMENT STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing agreement was acknowledged before me this (q_~"~ day of 3mama, the 20~by ROBERT M. REED, II, as Manager of ~ Island Village, L.C., who is ~_e~~own~__ .. _ ...... __ _ _t° . me "~-OR _~~~as Identification: P bi State of Flo ]1-"';[~?,~ ~,,~¥couu~ss,~N#cc~?892 Notary u lc, My C~n~f,t~. rnt~r 28, -~.~,,~..~*"_ ~,~_ ~,~u~,~, Typed, printed or stamped name of Notary Public ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: Deputy Clerk DONNA FIALA, Chairman Approved as to form and legal sufficiency: ThomtAs C. Pal~er, Assistant County Attorney HAR 0 9 200~ EXHIBITS FOR CALUSA ISLAND VILLAGE AGREEMENT Exhibit "A" - Development Site - Calusa Island Village. [Attached] Exhibit "B" - Capital Improvements. [Attached] Exhibit "C"- Legal Descriptions of the Non-Vested Lots (listed in the Chart). [Attached] 10 EXHIBIT A ,i II 'l:jjli:lJ HAR 0 ~ ~00~ EXHIBIT B CALUSA MARINA SEF- CALU~A VILLAGE ~XHIBIT C PAGE I OF 14 "--'~'. FU~JRE PARk PAUl4 AVE. /(PALMER RANCH D~WLOP~=ml ......... '--..~ MAR 09 200~ ~ PG' ~'l ma,a~'na~ma-3,.r..,~ AuI~ 1te.1772 ~£t~ato, lyin~ ~n~ b~ln~ in ~he count~ oe Col!~e~ and · ht~ ~ee~ i~ o~e~%~d aubJ~ct ~o the ~ollow!ng te~ms an~ 1. Tho Otantee mhall be ~eaponslble for fha ad valorem , and all aasaa=mente, if anF, imposed upon the :esl p~opacty soning mhd ~'z~ez cm~tcictions and reservations of record. EXHIBIT C PAGE 2 OF 1~ The s~kd ~rantor does hereby fully wa£r~nt the title to said l~r an~ w~ll deZ&nd this sam~ against the ls~ful claim~ of all ~0 ~V~ ~ ~ ~0~ the pzemiae~ herein granted ~nto ~he ~ento~ fk~ ~ucceoeors ~nd aG~fgno in f~ ml~ple ~eei~ S ~~ume~' St~mP Tdx Roc~lv~ S ~ona~ pm~rly T~ EXHIBIT PAGE 3 C OF 14 re~pectivelY~ of DE,TOgA ~AHD ~ I~VESTMENT COR~., a ~lorida corporation, to me known to ke the ~r.con9 who alined the WI'f~SS m~ signature and official seal at Miami, i~ the CoUnty of Dad~ an~ Stmte o~ Florida, the daf a~d yeg= last ~honce 854'09'21'~ a d~ataRc~ 'o= ~u~ ......... thence f~et; thenc~'Sa~e~2'30'W a dLcta~co o~ ].9.90 di~tanc~ o~ ~3.20 ~met/- thence~RTDodl'5~'W a distaB~of 30.86 · - .... ,--,,~ - A~m~nce* o~ 32.3~ feet; thence ~:6.%~ ~7 - -~ ~= ,~-~. ~honce N67~31 59"W a ~ls~ance o~ 52.09 , - . , ~ ' diatanc~ of 35.56 fe~/ thence ~53.43~36:W ~ ~xicanc~ ~ ~"'-..o~.,c~.~ a dist~ncm O~ 19~,60 ' B:ato Roa~.No. 92-A (10O" wide Rlgh~ o~ Way) aB ~hown on ~ollo~kng _courses alon~ 8ai~ goutherl~ Right oE Way L~ne, ~s=t to tho ~ln~ of ~anqancFI thanc~ 8~8e37'og=K B ~lstance of Beach UniC sixteen, ,aid p~at boundary alee being th~ ~aatocl~ of a~oceuafd Tcvnlh/p'52 South, Range 26 l~ne et Section X3 Za=t, CollLar counby, ~loct~xl thence g0S~20'~3"~ along 5aid ~onta~nin~ 15.02 mcre~, ~oce oc leis. ............ . .... EXHt~I-T C 4 OF 1, JAUL; C ~.rL[9, MAR 0 9 200 EXHIBIT C PAGE 5 OF 14 Th/s., .. insc~ prepared by: sWAU~, a nO~G~AU, 2375 T~m~[~ Tra~l N., SUite 308 Naples', FlOrida 34103 Property Appraisers Parcel I~entific~tion Number: ~qRRANT~ DP2ED TNISHARRANTYD~3~Dmadeth/s~day of~, 2000, by G~ODIdtWD. INC.. a Florida co_rporatton~' hereinafter called the Grantor, =o. PALMF~ ~CN. L.L;C.. an Illinois Li~ted L~l~t% ~wh~e ~s~ office~ress is 65S Cent~R~d, ~fur~ IL 6~%23, ~rei~fter ~lled the Grantee: WITNBSSEZH: That the Grantor, for and in consideration of the sum of $10.00ando=her valuable considerations, receipt whereofis hereby acknowledged, hereby grants, bar~ains, sells, aliens, remises, releases, conveys and confirms unto the Grantee all that certain land situate in Collier County, State of Florida, viz: SEE EXH/BZT 'A" ATTACHED H~RETO AND INCORPOI%ATED HEREIR SubjeCt to zc~/~, bmtldinG code and other restrictions in~OSed !~ g~e~n~ai au~rtCy, outsc~d~9 oiI. ~s a~ ~~ inte~sts of record, ~f ~y, restrlc~/o~ ~d eas~ts~,~,: c~, to ~e s~vision,. ~d ad valorem real ~~y =~8 acc~ s~se~t to ~c~r 31, 1999. TOG]IT~, with all tenements, hereditaments and aPl~Urtenances =hereto belongin~ or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee single forever. AHD the Grantor hereby covenants w/th said Grantee chat the G~antors is lawfu31ysetzed of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land, and h~reby warrants the =itle to said land and will defend the same a~ainst the lawful claims of all persons whomsoever; and ~tb%= said land is free of all encumbrances, except taxes accruing subsequent to December 31, 1999. NO. MAR 9 2004 EXHiBiT C PAGE 6 OF 14 OR: 274! 0875 IN wITHEsS WHERE0~, the said Grantor has signed and sealed these presents the day mid year first above written. Wiriness ~ - ~int~ N~m~ STATR OF FLORIDA P.O. Box 126 Go~dland. Florida ~4140 Post Office Address (Corporate Seal) (seal) The foregoin9 · iTslru~en~ was acknowledge~before~ethia ~/ _ day of~, 2000, by J.E. ~rcie, aa Presi~nt of ~, ~C., a Pl~ida co~ora=ion, who to~ or who ~s pranced as i~ntificati~. No~p~lic~i~ture ~ota~ altc Printed Name My c~ssion~ires= A~t~OA IT~ MAR P~._ ~/, EXHIBIT C PAGE 7 OF 14 OR: 270 0 76 71'o all tltat certain ,'eal l~ro.t~.o~ ~'tstate. lj~g attd I~e~ng itt tl~e ~uttt~ afCoillet, State The upland po~on ora parc~ of iaad lying ia Tract 2, of Block C-OOD~ ISLES, as re~rded in Plat Book 6, Page 7, Public Re, fda of Collier County, Florida. Beginning at the Sotaheasl'carn~ of Lot 24, GOODLAND ISLES, FIRST ADDITION, as ri~.ordexl in Plat Book 8, Page I, of the.Public Records of Collier County, Florida; Theac~ South 16 degrees 06' 17" Weir 64.00 feet to the point of curvature ' ofa c/nmlm' curve con~..e.'to the N'onhweSt having a radius o'f 50-00 feet; ~ along t~ ax: ofaa/d mrve t~ the right fara West 94.03 feet; Thence.South 55 degrees 38'23-' East 216.47 f'det; Thence 295.43 feet to the point of curzatum of a ,~ mvug me are oz .s~a c"urve ~ ~ left fora distance oflgl.41 feet ~ a een~. angle of 104 degrees 00'00"3 Thence North 87 degrees 53'43" Vd'est 117.28 feet; Thence South 02 degrees 06'I7" West 95.00 feet to the Ptae of Beginning. 0 9 2004 EXHIBIT C PAGE- 8 OF 14 1828 001635 6~OK PA~. Cll~ ~' htl~tbte EXHIBIT C PAGE 9 OF 14 4emcr~e~ AC~NOA IT~J~ · NO-----~.~:~Z~__ MAR ~ ~ 200~ EXHIBIT C PAGE 10 OF 14 U,e prop~-ty dlscrSbe~ tn E~htbtt Is comnarclli J~operty. ~,e~ - ~ptes, FL 3396~ EXHIBIT. PAGE 11 OF 14 t~antT, r]Lorld4. An U~£vf.d~ o~ hall il/Il lu~r~a~ In end ~ ~ foll~l~ MAR 0 9 2004 P~._~ _ IMAGE01 : FL-04-3874-2 Page: 003-005 02/20/2004 11: 00:llam EXHIBIT C PAGE 12 OF Page 1 of 3 14 PROJECT: Dolphin Cov~Goodl~nd FOLIO: 4~372960201 2921999 OR: 2972 PO: 2967 IBC BI IS.II Ilia: WARRANTY DI~t~D UAT, ll~ldm' .... Ill I!t! BfI! THIS WARRANTY DEED is made this ~ day, of ~-~0~-.'~ , 2002, by DOLPHIN COVE DEVELOPMENT OF GOODLAND, INC, a Florid,, eorporallon, whcme post olrme address is P.O. Box 15B, Mamo Island, FIo~la, 34146 (hereinafter mfened to as 'Grantor'), to COM.IER COUNTY, a political subdivision o~ the Sla~e et ~ its SL_'CCe~___"Ore and assigns, who~e post oF~ce address is 3301 Tamiami Tra~ East, Naples, Flodda, 34112 (hereinafter refereed to as 'Grantee'). (Wherever used herein the temm 'Grantor' and 'Granlee' include all the pa~es lo ~ instrumen! am:l their respective heirs, legaJ represe~lath, es, succes~om and WTTN~: That Ihe Grantor, for and in constder,,t3on o~ the sum ot Ten Dollam ($10.00) and other vaJuable consideration, receipl whereol' is hereby confirms urffo tile Grantee, all that cerlain land situate in Collier County, Florida, !o w~ See Attached Exhibit 'A' which is incorporated herein by reference. easements, restrictions, and reservations el recon3. THIS IS NOT HOMESTEAD PROPERTY TOGETHER with alt the ten~r~ts, hBreditamants and appurtenances thereto belor~ or in anywise appe~laining. TOGETHER wilh all ri~hls of pema~ 1o tmild docks ~ ~ghm to submerged lands or leases to submerged lands that arise from, miata ~o, re/er to or am connected in any ~ay wi~h Granl~ pmpe~ or ~ to develop the prope~ cNfmr properly dgtt~s ~dsinO irom, mlaling to or~ in anyway with Ihe and pm,m to d~wlop the ¢mpqmy. TO HAVE AND TO ~ the earrm in lea ~ forever. AND tl~ Gran~3~ hereby covenanls with ~ Grantee ~hat the Grantor is IN WITNESS WHEREOF, the said Gmmm' has signed and sealed ~ preMmts DOLPHIN COVE DEVELOPMENT - OF GOOOI. AND, INC., a Flmida coq)om6on .-.._ ~ v~i&~~ {si ~mh~ /5 P.O. ~oa ~ '[Prin-'t-'~ Type) CGLLZER C4XMi?, IrLG~TD~, AG~ N~A IT~ MAR 0 9 200 PG. ,~7 IMAGE01 Page: 004-005 : FL-04-3874-2 02/20/2004 ll:00:llam EXHIBIT C PAGE I3 OF Page 2 of 14 oR: 2972 ],G: 2968 STATE OF ~.~.,b COUNTY OF The foregoing Warranty Deed was sckrx~edged before me this L/ day o~ ~, 2002, by NICOLE GiNIC, President, on behalf Dev~ol)'T~nt of Gooc~and, Inc., a Flork:la cc)s~:vation~~aJ~y- lax~ who has produced, as identifical~. _.~ ....... ~_ - (affix notarial seal) /~~ (Signature of Notary Public) (Pdnl name of Notar/. Pul~ic) NOTARY PUBLIC SedaVCommlssion #: if any. My C.ommiuicrt Expires: HAR 0 9 200~ I I~IAGE 01 : FL-04-3874-2 Page: 005-005 02/20/2004 ll:00:llam EXHIBIT C PAGE 1 4 OF Page 3 of 3 14 OR: 2972 I G: 2969 A pm'cci of In~d being a pottio~ of Tract !, ~ ~buwn on but not a lx~rt of the Plat of Goodland Islr~ Second Addition, as recorded in Plat Book 8, Page 19, of thc Public Records of Collier County, Florida, more particul~y described as follows: Beginning at the ~outhe~y comer of Lot 33, Block F of ~aid Goodlatut lale~ Second Addition; thence S 15° 1 !' 20" E 390.48 feet; thence S 72' 15' 19" E 128.00 feet; thence S 13' 50' 44" E 180.00 feet to th~ southerly boundary line of said Tract i; ~nce 28.70 f~et along tim arc of a ~ curve c. onc~v~ to ~ northwest, radius of 100.00 fcc~, chord bcnring N 51' 23' 18" E 28.60 feet; thence N 43' 10' 00' B 250.00 feet; thence N 12. 20' 20" E 381.$3 feet; thence 87.47 feet ~long tl~ arc of a circular curve concnw to thz ~xtthwest, miitl~ of 50.00 feet, chord beating N 37. 46' 413" W 76.74 feet; thence N 87' 53' 43" W 66.88 feet; thence 162.4[ feet along the ~c ora circular curve concaw to the southe~ radius of 1365.08 feet, chord bea~ing $ 83° 41' 47' W 16231 feet; thence 3 85' 17' 17' W 20132 ~ thence N 18° 12' 43" W 87,42 fcc~ to the southerly right-of-way linc of Palm Avenue; thence S 85° 17' IT' W 10.28.feel; thence S 74' 49' 12" W 60.08 feet to the notlhc~ coragr of said Lot 33, Block F; hhcnce S Ill' 12' 43" E 96.75 feet to the southeast corner of s~id Lot 33, Block F nnd ~ Place of beginning. Parcel centains 522 acres, moze or less. Bearings am bn~d on tho~e shown in Plat Book 8, Page 19 of th~ Public Records of Coil|er County, Florida. AGENDA l TEIql MAR O 9 200/ ¢' EXECUTIVE SUMMARY APPROVE THE PURCHASE OF A 2.81-ACRE LOT AT THE NORTHWEST CORNER OF WILSON BOULEVARD AND 14TH AVENUE NW FOR WATER SUPPLY WELL SITES AT A TOTAL COST NOT TO EXCEED $79,735; PROJECT 701581. OBJECTIVE: Request approval and execution of the attached Purchase Agreement (Agreement) between 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 (Board), and Linh T. Nguyen for the purchase of a 2.81-acre lot in Golden Gate Estates (Site). CONSIDERATIONS: , A new water supply well site is needed to accommodate one new well to maintain the reliability of the existing Tamiami Wellfield. The 2002 Water Master Plan Update, as adopted by the Board on February 25, 2003, as Agenda Item 10(A), identifies the need to replace one Tamiami well per year to increase system reliability. No replacement wells were constructed in FY 03. One well is currently in the process of being designed and permitted for replacement in Fh/ 04. However, another replacement well is needed in FY 04 to maintain reliability. On September 23, 2003, Agenda Item 16(C)(5), the Board approved a work order for engineering services to add one new public water supply well, Well 33, to the Tamiami Wellfield. Well 33 will directly replace an existing well that failed in FY 03 because of deteriorating water quality. Well 33 is scheduled to be completed by November 2004. To find a suitable location for adding a proposed Well 34, staff investigated several alternatives, resulting in identification of the Site. The Site is located one block north along the Wilson Boulevard alignment from the northernmost well in the Tamiami Wellfield, in close proximity to, and a natural extension of, the. existing raw water transmission mains. As such, the Site provides the ideal location for constructing Well 34 and a well house. The Site is also sized and situated to accommodate standby power generating facilities, controls, and telemetry to support Well 34 and at least two other wells in proximity to the Site. Finally, although not currently planned, the Site could potentially accommodate an extension of the existing North Hawthorn brackish water wellfield, which presently terminates less than one and one-quarter miles to the west. The map attached shows the Site and its relationship to the existing wellfields. Real Estate Services' staff appraiser has valued the Site at $77,560. Staff reached agreement with the property owner to purchase the Site at the in-house appraised value of $77,560, pending Board approval. The results of a Task 1 Environmental Assessment/Site Audit performed by the County's Pollution Control Department are favorable. no.. /~,~..~ MAR 0 9 200 EXECUTIVE SUMMARY Purchase of 2.81-Acre Lot at Wilson Boulevard and 14th Avenue NW Page 2 The Agreement has been reviewed and approved by the County Attorney's Office and the Public Utilities Engineering Department. The Warranty Deed will be reviewed and approved by the County Attorney's Office and the Public Utilities Engineering Department prior to execution and recordation. FISCAL IMPACT: The total cost of the transaction should not exceed $79,735 ($77,560 for the Site, $1,200 for the Environmental Site Audit, and $975 for a title commitment, title policy and recording of documents). Funds in the amount of $79,735 are available in the FY 04 budget for this action in Project 701581, Tamiami Well Replacement Program. The FY 04 budget was approved.by the Board on September 18, 2003. The purchase supports the scope of work consistent with the 2002 Update to the Water Master Plan as adopted by the Board on February 25, 2003 as Agenda Item 10(A). Source of funds is User Fees (412). GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: 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, by approval of this Executive Summary: Approve the attached Purchase Agreement and accept the Warranty Deed once it has been received and approved by the County Attorney's Office and Public Utilities Engineering Department; and 2. Waive the requirement for a formal, independent appraisal report in accordance with the provisions of Chapter 125.355, Florida Statutes; and 3. Authorize Chairman Donna Fiala to execute the Agreement and'any and all other County Attorney's Office approved documents related to this purchase; and 4. Authorize staff to prepare related vouchers and Warrants for payment; and o Direct staff to proceed to acquire the Site, to follow all appropriate closing procedures, and to record the deed and any and all necessary documents to obtain clear title to the property. Hans Russell, Sr. Property Acquisition Specialist Real Estate Services. Facilities Management Department I.'IAR 0 9 200, I EXECUTIVE SUMMARY Purchase of 2.81 Acre Lot at Wilson Boulevard and 14th Avenue NW Page 3 Toni A. Mott, Property Acquisition & Sales Supervisor Real Estate Services - Facilities Management Department ' - ' . ' g ,J~.,SR~A, Manager Real Estates Services - Facilities Management Department REVIEWED BY.'~'~~ ~~t/~ Skip Camp, CF~,~tor Facilities M~a~fage/nent Department DATE: REVIEWED BY: ' DATE: Karl W. Boyer, P.E:~ Principal Project Manager Public Utilities Engineering Department l~oy/~l. Anderson, P.E., Director Public Utilities Engineering Department Pp/ul M~ttausch, Director Water Depart~~~ JamesIw. DeLony, P.E., ~tdministrator Utilities Division / AG~NO& IT£1d ~ I PROJECT: Tamiami Wellfield New Leg FOLIO NO: 37549080004 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this __ day of ,2004, by and between Linh T. Nguyen (hereinafter referred to as "Owner"), and 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 District, its successors and assigns (hereinafter referred to as "Purchaser"); WHEREAS, Purchaser requires a fee estate in that land described in Exhibit "A" (hereinafter referred to as the "Properly"), which is attached hereto and made a part of this Agreement; -WHEREAS, Owner desires t,o convey the Property to Purchaser for the stated purposes, on the terms and conditions set fo.rth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Propedy; NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Property to Purchaser via Warranty Deed for the sum of Seventy-Seven Thousand, Five Hundred Sixty and 00/100 Dollars ($77,560.00), payable by County Warrant (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Property to Purchaser. 2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove or release such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to Purchaser on or before the date of Closing. 3. Closing shall occur within sixty (60) days from the date Purchaser executes this Agreement; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the conveyance instrument to Purchaser in a form acceptable to Purchaser. ~ 4. Conveyance of the Properly by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 5. Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier Coun[y, Florida. / Purchase Agreement Page 2 6. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be sold lo the Purchaser, that the Owner has not received notice and olherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmenlal lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from,_ and to reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, cosls and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of the breach of Owner's representation under Section 6. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. The Purchaser shall pay for all costs of recording the conveyance instrument in the Public Records of Collier County, Flodda. All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes, and recording costs for any curative instruments shall be borne and paid by Owner. Owner shall be responsible for paying any costs and/or fees associated with securing from mortgagee(s), and recording in the public records of Collier County, Florida, such full or partial release(s) or satisfaction(s) as are necessary to convey a clear and marketable title to the Property. The cost of a title commitment shall be paid by Purchaser. 9. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or as~lignees, whenever the context so requires or admits. 10. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative cai~acity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Properly before the Property held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517', Florida Statutes, Whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 11. This Agreement is governed and construed in accordance with the laws of the State of Florida. I A GENDA IT~-M ~ !/.,,,_ HAR 09200 ! Purchase Agreement Page 3 WITNESS WHEREOF, the padies hereto have executed this Agreement on this day of 2004. Date Property acquisition approved by BCC: AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk BY: Donna Fiala, Chairman AS TO OWNER: Witness (Signature,)/ N a me: ~/~4,,. Z.~,~ (Print or Type) ~,~it~ignature) Name: ~-~:,~;--~ T (Print or Type) Li~h T. I~gu~en Approved as to form and legal sufficiency: Ellen T. Chadwell Assistant County Attorney "AR 0 92001 .6' /.. PROJECT: Tamiami Wellfield New Leg FOLIO NO: 37549080004 EXHIBIT "A" The South 180 feet of Tract No. 126, Golden Gate Estates, Unit 19, according to the-Plat thereof as recorded in Plat Book 7, at Pages 77-78, of the Public Records of Collier County, Florida'. Subject to the Easements, Restrictions and Reservations of record. The foregoing being all and the same lands and premises conveyed from Christina H. Carlee, f/k/a Christina H. Hopkins, to Linh T. Nguyen by Indenture dated August 30, 1988 and recorded September 2, 1988 at O.R.Book 1377, Page 2037, Collier County, Florida. HAR 0 9 200~, ! ""- ? I PROJECT: Tamiami Wellfield New Leg FOLIO NO: 37549080004 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this __ day of ,2004, by and between Linh T. Nguyen (hereinafter referred to as "Owner"), and 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 District, its successors and assigns (hereinafter referred to as "Purchaser"); WHEREAS, Purchaser requires a fee estate in that land described in Exhibit "A" (hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; WHEREAS, Owner desires to convey the Property to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Property; NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Property to Purchaser via Warranty Deed for the sum of Seventy-Seven Thousand, Five Hundred Sixty and 00/100 Dollars ($77,560.00), payable by County Warrant (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Property to Purchaser. 2. Pdor to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove or release such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to Purchaser on or before the date of Closing. 3. Closing shall occur within sixty (60) days from the date Purchaser executes this Agreement; provided, however, that Purchaser shall have the unilateral dght to extend the term of this Agreement pending receipt of such instruments, propedy executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the conveyance instrument to Purchaser in a form acceptable to Purchaser. 4. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 5. Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Flodda. NAR 0 9 200 . Purchase Agreement Page 2 6. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and to reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of the breach of Owner's representation under Section 6. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. The Purchaser shall pay for all costs of recording the conveyance instrument in the Public Records of Collier County, Florida. All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes, and recording costs for any curative instruments shall be borne and paid by Owner. Owner shall be responsible for paying any costs and/or fees associated with securing from mortgagee(s), and recording in the public records of Collier County, Flodda, such full or partial release(s) or satisfaction(s) as are necessary to convey a clear and marketable title to the Property. The cost of a title commitment shall be paid by Purchaser. 9. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 10. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Flodda Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 11. This Agreement is governed and construed in accordance with the laws of the State of Florida. AGEJ'COA lT£1q HAR 0 9 200 , Purchase Agreement Page 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this __ day of ,2004. Date Property acquisition approved by BCC: AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk BY: Donna Fiala, Chairman AS TO OWNER: Witness (Signature}, N a m e: ~"/~4,~ Z.~ (Print or Type) ~itn~ (~i~nature) (~hnt or lype) Approved as to form and legal sufficiency: Ellen T. Chadwell Assistant County Attomey ~AR 0 9 200~ I PROJECT: Tamiami Wellfield New Leg FOLIO NO: 37549080004 EXHIBIT "A" The South 180 feet of Tract No. 126, Golden Gate Estates, Unit 19, according to the Plat thereof as recorded in Plat Book 7, at Pages 77-78, of the Public Records of Collier County, Florida. Subject to the Easements, Restrictions and Reservations of record. The foregoing being all and the same lands and premises conveyed from Christina H. Carlee, f/k/a Christina H. Hopkins, to Linh T. Nguyen by Indenture dated August 30, 1988 and recorded September 2, 1988 at O.R.Book 1377, Page 2037, Collier County, Florida. NAR 0 9 200~,I "~' ~'! iMMOKALEE RD_. _ ~ NO NhME LN mm cYP.ESs DR ~- ~I~GO DR KERI ISLAND RD m ~ 25TH AV NW Z z 24TH AV NW m m m~ ~ ~:: RANDALL BLVD z 24TH AV NE 2.2ND AV NW 22ND AV NE 22ND AV NE 20TH AV NW 20TH AV NE 20TH AV NE 18TH AV NW 18TH AV NE 18TH AV NE JUNG BLVD W JUNG BLVD E JUNG BLVD E 16TH AV NW 16TH AV NE 16TH ~V NE 14TH AV NE i, SHADY LN -i~'-~ ' '~ o [ North Hawthorn Wellfield [ I ........................... ' ..... 1 Pr°p°seO 2'81 Acre Site F .... m ... O ' 10TH AV NW . .... : : GOLDEN: GATE BLVD W } ': / -- } m Z r- ; m -I r'- 4 .< m o · O m ~ ~ C~.~ ....... KEAN AV <~: = = -' February 2004 - - Collier County Public Utilities MAR 09 20 EXECUTIVE SUMMARY AUTHORIZATION TO WAIVE THE COMPETITIVE BIDDING PROCESS FOR TECHNICAL ASSISTANCE TO PERFORM A POST IMPLEMENTATION REVIEW, WORK FLOW ANALYSIS AND DOCUMENTATION OF OPERATING PROCEDURES FOR THE UTILITY BILLING SOFTWARE SYSTEM - (AT A NOT TO EXCEED COST OF $72,300) OBJECTIVE: Obtain a waiver of the competitive bidding process of the County's purchasing policy (Section V.A.I.) and obtain authorization to acquire project management assistance services (post-implementation review, work flow analysis and documentation of operating procedures) for the utility billing software system and operating processes. CONSIDERATIONS: On February 27, 2003, water, wastewater and effluent billing functions were converted from a fifteen year old legacy billing system to a new billing system that was based on Customer Relationship Management principles as well as technology enhancements (software and hardware) used by the County in its approved long-range data management goals. The water, wastewater and effluent billing system has been in operation for a full year. Sufficient time and system utilization has occurred to allow the identification of alternative workflows (redirection) in the business processes that will enhance productivity and eliminate deficiencies such as bottlenecks and other process inefficiencies. The intent of this Executive Summary is to obtain Board authorization to hire an independent consultant to perform a post implementation review, q'he review will: 1. Map workflow processes of the. water, wastewater and effluent billing and customer service activities;-' Identify those processes, both internal and external to the water, wastewater and effluent billing system, that should be changed to enhance productivity and customer service to deliver faster, better and less expensive services; and, Develop and document written operating procedures for workflow processes, after modifications identified in step 2 above, that will be used to benchmark productivity, cross-training and to provide tools for training replacement staff. Staff is requesting the Board waive the competitive bidding process of the purchasing policy (Section V.A. 1.) and authorize the acquisition of these services from Vacarro Consulting, Inc. Vacarro has been associated with the water, wastewater and effluent billing project from the inception of the project. Vacarro assisted the Public Utilities Division with the development of the Request for Proposals, contract negotiations, design of acceptance testing and the implementation plan. The Board has approved the use of Vacarro Consulting, Inc. for this project on: · September 11, 2001 (16 C 11) Project Management assistance for implementation of the billing software (Phase 1); and · July 30, 2002 (16 C 8) Acquire acceptance testing, data conversion and parallel testing services (Phase 11). Vacarro is familiar with the billing system, the process flows in existence at this time and the operating principles used by the Public Utilities Division. This knowledge will greatly reduce the startup time required to identify each of the processes currently in place. FISCAL IMPACT: Funds for the services in the amount of $72,300 are available in the Public Utilities Division Capital Funds Reserves. A total of $36,150 will be funded from reserves in the Water Capital Fund (Fund 412) to Project Number 70882 - Utility Billing System and $36,150 from reserves in the Sewer Capital Fund (Fund 414) to Project Number 73944 - Utility Billing System. Source of funds is user fees. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: Recommend that the Board of County Commissioners approve the.waiver of the competitive bidding process and approve Vaccaro Consulting, Inc. for the acquisition of these services and authorize staff to process the necessary budget amendments. SUBMITTED BY: -~ L..~.,~h '~,,, Date: J6'l~ A. Yonk~y, Direr Ut~y Billing and Customer Se~ice Depa~ment APPROVED BY: '~ Date: Tom Wides, Fiscal Operations ~irector ~ublic Utilitios Division MAR 0 9 2004 Date: APPROVED BY: _/T'--~' ~'~l,~q ~ · Steve Carnel- ''1, Dir~tor Purcha~si.,ng ~ /. / . APPROVED BY: ~(;-J'-"~ ~_~-~.. /J~mes~W. DeLony, P.E., A/3ministrator (~~ Utilities Division / EXECUTIVE SUMMARY ACCEPT AMENDMENTS TO TWO GRANT AGREEMENTS WITH SOUTH FLORIDA WATER MANAGEMENT DISTRICT. OBJECTIVE: To obtain time extensions to grant agreements that provide assistance with the funding of scheduled projects to be performed by the Public Utilities Division. CONSIDERATIONS: On February 25, 2003, item 16(C)6 the Board of County Commissioners accepted Contract No. C-15054 and Contract No. C-15061, from the South Florida Water Management District. Contract No. C-15054-A01 - Aquifer Storage and Recovery (ASR) Reclaimed Water Test Well. This South Florida Water Management District (SFWMD) Big Cypress Basin Cooperative Agreement provides partial funding for the Reclaimed Water ASR Project in the amount of $50,000. In a letter dated January 12, 2004, Staff requested an amendment to the agreement to extend the "Period of Performance "by eighteen (18) months due to delays in the project scheduie caused by delays in obtaining the required permits for this project. This amendment will extend the date of the agreement to August 2, 2005. The Payment and Deliverable schedule is also revised to reflect this change. Contract No. C-15061-A01- Vanderbilt Beach Road 20-inch Reclaimed Water Main. This SFWMD/Big Cypress Basin Cooperative Agreement provides partial funding for the Vanderbilt Beach Road reclaimed water main project, in the amount of $50,000. In a letter dated January 21, 2004, staff requested an extension to the "period of performance" by six months due to delays in the project schedule caused by a bid protest. This amendment will extend the date of the agreement to September 30, 2004. The Payment and Deliverable schedule is also revised to reflect this change. FISCAL IMPACT: The required matching funds of $50,000 for project 74030 are currently appropriated in Fund 414, Sewer User Fee. The required matching funds of $50,000 for project 74034 are currently appropriated in Fund 413, Sewer Impact Fee. The source of funds is Wastewater User and Impact Fees. Funds for these projects are included in the FY 04 Capital Improvement Budget, adopted by the Board September 18, 2003. GROWTH MANAGEMENT IMPACT: These projects are consistent with the 2002 Wastewater Master Plan Update adopted by the Board February 25, 2003, Item 10(A). RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-officio Governing Board of the Collier County Water-Sewer District, accept the amendments to Contract No. C-15054-A01, and Contract No. C-15061-A01 with South Florida Water Management District, and authorize the Public Utilities Administrator to execute these amendments. Executive Summary SFWMD Contract Amendments Page2 SUBMITED BY: ~~kO,, ~ DATE: Alicia Abbott, Project Manager Public Utilities Engineering Department REVIEWED BY: Y ~ Y~E/// DATE: Ronald F. Dillard, P.E., Senior Project Manager Public Utilities Engineering Department REVIEWED BY: William D. Mullin, P.E., Principal Project Manager Public Utilities Engineering Department REVIEWED BY: ~. ~, ~79(~..~ .~× DATE: Ro~/B. Anderson, P.E., Director Public Utilities Engi~eeh~epa~ment APPROVED BY:~ E~' ~ ..... DATE~ ~D ~ ~ La~s ~. Denony, P:E., Ad~nistrator , _~m Utilities Division ADM 28-06 SouTH FLORIDA WATER MANAGEMENT DISTRICT 3301 Gun Club Road, West Palm Beach, Florida 33406. (561)686-8800. FL W~TS ~8.00E3.2=~.5· TDD (561)697-2574 Mailing Address: EO. Box 24680, West Palm Beach, FL 334164680 · www. sfwmd.gov February 3, 2004 Ms. Alicia Abbott Collier County Water-Sewer Distribution 3301 E Tamiami Trail Naples FL 34112 Subject: Contract No. C-15054-A01 ASR Reclaimed Water Test Well Dear Ms. Abbott: Enclosed are two (2) copies of the subject amendment. Please have them signed by an individual with signature authority on behalf of your organization, and return both copies to my attention. Do not date the documents; a fully signed and dated amendment will be returned to you upon execution by the District. Kindly return the executed documents within ten (10) busit~ess days of receipt. Please include documentation to demonstrate official delegation of signature authority on behalf of your firm up to the contract monetary limits. Note-that this amendment is not binding on the parties until it is approved by the appropriate level of authority within the District and executed by 'both parties. Your cooperation and timely response will be greatly appreciated. Should there be any questions, please contact me at (561) 682-2536. Sincerely, Penelope ~urger Associate Contract Specialist Procurement Department /jm Enclosure C~ w/attachment Ke Feng, 7440 GOVERNING BOARD Nicolfis J. Guti~rrez, Jr., Esq., Ch~ur Pamela Brooks-Thomas, Vice-Chair Michael Collins Kevin McCartv Hugh M. English Harkley R. Thornton SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT C-15054-A01 AMENDMENT NO. 01 TO AGREEMENT NO. C- 15054 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND COLLIER COUNTY WATER-SEWER DISTRICT This AMENDMENT NO. 01, entered into on , to that AGREEMENT dated March 17, 2003, between "the Parties," the South Florida Water Management District (DISTRICT), and Collier County Water-Sewer District (RECIPIENT). WITNESSETH THAT: WHEREAS, the AGREEMENT may be amended with the prior written approval of the parties; and WHEREAS, the Governing Board of the DISTRICT, at its March 11, 2004 meeting, approved entering into this AMENDMENT NO. 01 with the RECIPIENT; and WHEREAS, the parties wish to amend the AGREEMENT in order to extend the period of performance, and amend the payment and deliverable schedule of the AGREEMENT. NOW THEREFORE, the DISTRICT and the RECIPIENT, in consideration of the mutual benefits flowing from each to the other, do hereby agree as follows: 1. The expiration date of the AGREEMENT is hereby extended by eighteen months, extending the AGREEMENT term to August 2, 2005. Regardless of the actual date of execution, this AMENDMENT NO. 01 shall be effective as of February 3, 2004. This AMENDMENT NO. 01 shall be, at no additional cost to the DISTRICT. Amendment No 01 to A~eement No. C- 15054-- Page 1 of 2 N0. ~_~_ MAR 0 9 200 , O SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT The Payment and Deliverable Schedule is also hereby revised in. accordance with Exhibit -"DI", attached hereto and made a part of this AMENDMENT NO. 01. All other terms and conditions of the AGREEMENT, as amended, remain unchanged. IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this AMENDMENT NO. 01 on the date first written above. SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BOARD By: Frank Hayden, Procurement Director SFW~ID PROCUREMENT APPROVED By: Date: .~- BOARD OF COUNTY COMMISSIONERS GOVERNING BOARD OF COLLIER COUNTY WATER-SEWER DISTRICT By: Amendment No. 01 to Agreement No C- 15054 -- Page 2 of 2 .o. MAR 0 9 200~ pG._ ,.~'~' C-15054-A01 EXHIBIT "DI" AMENDED SCHEDULE OF TASKS AND DELIVERABLES An amended deliverable schedule associated with this project is set forth below. The schedule is based on a two and a half year contract period as amended. All deliverables submitted hereunder are subject to review by the District. Due dates for all deliverables are based on the number of weeks from the date of agreement execution. The Recipient hereby agrees to provide the District all deliverables, data and information described in the Statement of Work in writing. Payment shall be made following receipt and acceptance by the District of project deliverables in accordance with the schedule set forth below. Total payment by the District for all work completed herein shall not exceed the amount of $ 50,000.00. All payments are subject to District fiscal year appropriations. 1 Preconstruction Activities :: . ' $150,000.00 2 Preliminary Construction ; , .' .... . - $150,000.00 Activities ' - ' · ' ' 3 Monitoring Wells ' $ 375,000.00 4 ASR Pilot Well $ 300,000.00 5 Final Construction $ 25,000.00 Documents 6 Final Report 130 weeks $ 50,000.00 $ 50,000.00 $1,000,000.00 Total Exhibit "D" Agreement No. C-15054-A01 Page1 of 1 SOUTH FLORIDA WATER MANAGEMENT DISTRICT 3301 Gun Club Road, West Palm Beach, Florida 33406 · (561) 686-8800 · ~ ¢~TS 1~"800~3.2-2045 Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416-4680 wwv,~f~,~t.'go~ ADM 28-06 '0/, ['[[3 20 ?~'1 /$ 0c° February 12, 2004 TDD (561) 697-2574 Mr. Ron Dillard Collier County Water/Sewer Dist. 3301 E. Tamiami Trail Naples, FL 34112 Subject: Contract No. C-15061-A01 Vanderbilt Beach Road Dear Mr. Dillard: Enclosed are two (2) copies of the subject amendment. Please have them signed by an individual with signature authority on behalf of your organization, and return both copies to my attention. Do not date the documents; a fully signed and dated amendment will be returned to you upon execution by the District. Kindly return the executed documents within ten (10) business days of receipt. Please include documentation to demonstrate official delegation of signature authority on behalf of your firm up to the contract monetary limits. Note that this amendment is not binding on the parties until it is approved by the appropriate level of authority within the District and executed by both parties. Your cooperation and timely response will be greatly appreciated. Should there be any questions, please contact me at (561) 682-2536. Sincerely, Penelope Burger Associate Contract Specialist Procurement Department /kr Enclosure C.' w/attachment Ke Feng, 7440 O0 ~ 'ER.\TVG Henry Dean~] E.,'cc;l~q[. t~;?,.c/, r j 0 9 200/, Nicol~ I. GutiOrrez, Jr., Esq., Pamela Brooks-'Fhomas, lrela M. Bagu0 Michael Collins Hugh M. English Lennart E. Lindahl, P.E. Kevin McCartv Harkley R. Thornton Trudi K. Williams, PE. O SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT C-15061-A01 AMENDMENT NO. 01 TO AGREEMENT NO. C- 15061 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND COLLIER COUNTY WATER-SEWER DISTRICT This AMENDMENT NO. 01, entered into on , to that AGREEMENT dated March 17, 2003, between "the Parties," the South Florida Water Management District (DISTRICT), and Collier County Water-Sewer District (RECIPIENT). WITNESSETH THAT: WHEREAS, the AGREEMENT may be amended with the prior written approval of the parties; and WHEREAS, the Governing Board of the DISTRICT, at its March 11, 2004 meeting, approved entering into this AMENDMENT NO. 01 with the RECIPIENT; and WHEREAS, the parties wish to amend the AGREEMENT in order to extend the period of performance, and amend the payment and deliverable schedule of the AGREEMENT. NOW THEREFORE, the DISTRICT and the RECIPIENT, in consideration of the mutual benefits flowing from each to the other, do hereby agree as follows: 1. The term of the AGREEMENT is hereby extended by six months and the expiration date, as amended, is September 30, 2004. This AMENDMENT NO. 01 shall be effective upon the date of execution by the parties. 2. This AMENDMENT NO. 01 shall be at no additional cost to the DISTRICT. Amendment No 01 to A~eement No. C- 15061 -- Page I of 2 __~ SOUTH WATER MANAGEMENT DISTRICT FLORIDA AMENDMENT o The Payment and Deliverable Schedule is also hereby revised in accordance with Exhibit ' "DI",' attached hereto and made a part of this AMENDMENT NO. 01. Ali -other terms and conditions of the AGREEMENT, as amended, remain unchanged. IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this AMENDMENT NO. 01 on the date first written above. SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BOARD By: Frank Hayden, Procurement Director SFWMD PROCUREMEN-I' APPROVED · Date: fl-,~-' C 7 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY WATER-SEWER DISTRICT By: Title: Amendment No. 01 to Agreement No. C- 15061 -- Page 2 of 2 AG£NOA I T£14~ NO. //.~__X MAR 0 9 2004 C-15061-A01 EXHIBIT "DI" A3IENDED SCHEDULE OF TASKS AND DELIVERABLES A summary deliverable schedule associated with this project is set forth below. The schedule is based on a one and a half year contract period as amended. All deliverables submitted hereunder are subject to review by the District. Due dates for all deliverables are based on the number of weeks from the date of agreement execution. The Recipient hereby agrees to provide the Distdct all deliverables, data and information described in the Statement of Work in both wdtten and electronic four-digit format. Payment shall be made following receipt and acceptance by the District of project deliverables in accordance with t he schedule s et forth below. T oral payment b y t he District for all work completed herein shall not exceed the amount of $ 50,000.00. All payments are subject to Distdct fiscal year appropriations. Task No. · Deliverables · .: Due Date: · District Payment 1 Bidding 2 Construction 3 Final Report 78 weeks $ 50,000.00 $ 50,0O0.0O Total Exhibit "DI", Contract C.15061-A01, Page lofl EXECUTIVE SUMMARY APPROVE FUNDING AND BUDGET AMENDMENT FOR PROJECT MANAGEMENT PROCESS DOCUMENTATION AND AUTHORIZE THE PUBLIC UTILITIES ENGINEERING DIRECTOR TO EXECUTE WORK ORDER GH-FT-04-02 WITH GREELEY & HANSEN IN THE AMOUNT OF $31,706, PROJECT 75000. OBJECTIVE: To optimize the utilization of critical resources in delivering County _capital projects by providing Project Managers with a more efficient project delivery process. CONSIDERATIONS: The County's 2002 Water and Wastewater Master Plan Updates adopted by the Board of Collier County Commissioners on February 25, 2003 call for significant spending of capital dollars in order to remain in compliance, meet demand, enhance reliability, and exceed customer's expectations. With restrictions on staffing levels now and in the foreseeable future, it is imperative that Public Utilities find better, faster, and cheaper means to deliver capital projects on time and on budget. In the spring of 2003, the Public Utilities Engineering Department in cooperation with the Information Technology Department formed a study committee to examine the means and methods that Project Managers were using to deliver capital projects. Transportation, Facilities, and Parks and Recreation were also included in this activity. After significant discussion and careful evaluation of available data, it was agreed by committee members to perform a Process Analysis in order to make recommendations on ways to make project delivery more efficient. Greeley & Hansen working under Work Order #FT-GH- 03-07 performed a needs assessment and Process Analysis, project 72515, and issued their findings in a report "Process Analysis and Restructuring", dated February 2004. As a result of that activity and in support of the report's findings and recommendations, staff from both Public Utilities and Information Technology has negotiated a Scope of Work from Greeley and Hansen to: Task I - Define Project Information Management Requirements Task 2 - Develop Project Management Guidance Manual $16,367 (Lump Sum) $15,339 (Lump Sum) TOTAL $31,?06 (Lump Sum) Staff has negotiated these costs with Greeley & Hansen and finds them to be fair and reasonable for the work to be performed. Staff recommends these professional services be completed by Greeley & Hansen due to their experience and familiarity with the Public Utilities capital project activity and the individual process facilitator who has worked with staff over the past several months on the needs assessment analysis, project 72515. Task lwill define critical information requirements and specifically address relationships with the County's accounting system, SAP; task 2 will provide the project management delivery process for PUED and be documented in a Project Management Guidance Manual. It is expected that upon completion of tasks 1 and 2 staff will evaluate the need and scope of selecting and implementing a Computerized Project Management System along with appropriate training. Staff from Public Utilities and Information Technology will seek Board approval, at a later date, for that portion of the project. FISCAL IMPACT: A budget amendment is necessary for this project. Since this Work Order will benefit water and wastewater capital projects, both funds will be used. Funds are available in other capital projects and will be divided equally as follows: FUND FuND NAME COST 412 Water User Rate Projects $16,000 414 Wastewater User Rate Projects $16,000 TOTAL $32,O00 GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water-Sewer District: 1. Approve the funding for engineering services for Project Management Process Documentation and approve the necessary budget amendments, 2. Authorize the Public Utilities Engineering Director to execute Work Order #FF- GH-04-02 in the amount of $31,706, to Greeley and Hansen. SUBMITTED BY: William D[ Mullin, P.E., Principal Project Manager Public Utilities Engineering Department Executive Summary Isle of Capri Pump Station Page 3 REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: ' ~"c7/~ - ~"~-/f" ' -~ DATE: Ro) B. Anderson, P.E., Director Pul:~c Utilities Engineering Department Barry )//~/elro ,~D,rector Inform~h'ion Technology Department gteph~n Y. Cafnell, Purchasing Director Purchasing/General Se. rT~s'~epartment ~mesp~ neL~ny, P.E., Ad~nistrator (~tilities Division / MAR 0 9 2~0~ PG. ~ ~ WORK ORDER #GH-FT-04-02 Agreement for Fixed Term Utilities Engineering Services Contract #00-3119 Dated April 10, 2001 --'his Work Order is for professional engineering services for work known as: Project Management r'rocess Documentation for developing a more efficient project management delivery process. Project:. The work is specified in the. proposal dated February 12, 2004 which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order #GH-FT-04-02 is assigned to Greeley and Hansen~ LLC Scope of Work: Task I - Define Project Information requirements Task 2 - Develop Project Management Guidance Manual Schedule of Work: Complete work \vithin 9__0_0 days from receipt of the Notice to Proceed authorizing start of work. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount indicated in the schedule below (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement). Task I $16,367 Task 2 $15,339 (lump sum) (lump sum) TOTAL FEE $31,706 (lump sum) Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement. PREPARED BY: REVIEWED BY: William D. Mullin, P.E. Principal Project Manager Public Utilities Department Stephen 4. Carnell, t~archasing Director Purchasin~General Services Department Date AUTHORIZED B Y: Rov/~. Anderson, P.E., Director Public Utilities Engineering Department Date With .' ~ (~) Date: _. !:2_2'c4 Greeley and Hanscn LLC. -F~I~C ~_/.~{~N4/XT(z/~ ' Name of Firm (2) By: Print Name Signature ROger Howell, P.E. Associate Print Name Approved as to Form and As~s't~'n't C[o~nt"y Attorney Fund: 412 CC:273512 Fund: 414 CC:263614 Object Code: 634999 Object Code: 634999 Project Number: 75000~. Project Number: 750004- NO.~ //, d. ~,? MAR 0 9 200~. EXECUTIVE SUMMARY APPROVE A WORK ORDER UNDER CONTRACT # 01-3271, FIXED TERM PROFESSIONAL ENGINEERING SERVICES FOR COASTAL ZONE MANAGEMENT PROJECTS, WITH COASTAL PLANNING & ENGINEERING FOR A PUBLIC INFORMATION PROGRAM, PHASE 2, FOR THE COUNTY / CITY OF NAPLES MAJOR BEACH RE-NOURISHMENT, PROJECT 90527, IN AN AMOUNT NOT TO EXCEED $47,870. OBJECTIVE: To obtain approval of an engineering services work order for Coastal Planning and Engineering Inc. (CP&E) to develop Phase 2 of the Public Information Program for the next major County Beach Renourishment Project. CONSIDERATIONS: The Coastal Advisory Committee has recommended the fast-tracking of the next Collier County/City of Naples major beach renourishment effort originally projected for 2006. The last major renourishment had an anticipated life of eight to ten years. However, the entire project was not constructed due to time constraints. Annual monitoring reports indicate that the beach has eroded beyond the design minimum and therefore renourishment is needed. In order to work toward a goal of renourishing next winter, CP&E has provided a budget estimate for all of the engineering services needed. Part of these services consisted of assistance ~vith a public information program. Crucial to the successful acceptance of the work by the public will be their exposure to the project ~vith regard to ongoing and future tasks, and their education about these tasks. CP&E has outlined a plan to provide this assistance with the public. The plan has been divided into two phases; this executive summary covers the secgnd phase, xvhich consists of webpage content updates, assistance at public and County Commissioner's meetings, and media coordination. The webpage, which is to be created by CP&E and its subconsultant, will have a link from the county's webpage and will answe~manY of the public's inquiries accurately and quickly. Staff is also seeking declaration from the Board of County Commissioners that this scope shall be considered a necessary part of the work required to perform the next major Collier County/City of Naples Beach Renourishment. This declaration will establish that the funding should be conveyed through a Tourist Development Council (TDC) "Category A" grant. The work order will be completed under the frxed-term contract (# 01-3271) for Coastal Zone Management Engineering Services with CP&E. The finalized proposal was recommended for approval by the Coastal Advisory Committee at their meeting of February 12, 2004, and by the TDC at their meeting of February 23, 2004. Staff recommends approval of the Phase 2 Public Information Program, given the sensitive nature of proper public awareness of the large renourishment project on the part of Collier County and Naples citizens.. FISCAL IMPACT: The attached proposal and cost spreadsheet indicate that a maximum of $47,870 are needed to complete the Phase 2 work. Source of funds is the Tour/st Development Tax. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners: I) authorize the Public Utilities Administrator to conclude negotiations and approve a time and materials work order not to exceed $47,870 with Coastal Planning & Engineering to complete Phase 2 of the Public Information Program of the Collier County Beach Renourishment Project, and 2) establish that this Phase 2 of the Public Information Program shall be considered a necessary part of said project and therefore be eligible for TDC "Category A" Grant funding. AG(~NDI ITEM MAR 0 9 2DD SUBMITTED BY: . .,' ~ - '--,,,-~ Date: R.' Sh-ane Cox, P.E., Coagtal Projects P.M. ~VIE~D BY: i Date: Ron Hovell, P.E., Coastal Projects Section M~ager ~VIE~D BY: Date: Roy B. ~derson, P.E., Public Utilities Engineering Direc{or ~VIE,~D ~Y: ~~ - ~. ~~: Dat,: '~ / - Ste3en Y. C~ell, P~:ing Dept Director ' ~l)' z '- APPROVED BY: ~/~(~ .~:% Date:,~~ ~~['W. ~eLon~', ~ublic Utilities Admi~stra~or NORTH COLLIER COUNTY BEACH RENOURISHMENT PROJECT PUBLIC INFORMATION PROGRAM PHASE II - PERMITTING & PROJECT PRECONSTRUCTION SCOPE OF SERVICES February 20, 2004 Introduction: This is a scope of work for the implementation of a Public Information Program. The program is to aid in the education of the phblic regarding the upcoming North County Beach Renourishment Project and to develop the public trust and cooperation in the implementation of the beach project. This scope of work is for the permitting and pre-construction phase of the project. CPE will be working with Gooderham & Associates from Fort Myers, Florida on the implementation of this information program. The tasks of the scope of work are outlined below: 1. Project Coordination & Administration $3,336 Public Meetings- 4 Total $13,908 (County to handle logistics of meeting...ie space, advertising, etc.). The hours contained hereon reflect the following tasks: Determining content for presentation; preparing handouts; advise on boards; preparing & evaluating opinion surveys; preparing press releases; attending meetings. Meeting dates and locations to be determined. 3. County Commission Coordination $2,694 Develop presentation for non-governmental organizations and assist xvith fact sheets. Develop content for County Commissioner briefings (3 total). 4. Website Content & Updates $16,154 Update 10 times and coordination. Website hosting services and links from Collier County public page. 5. Media Coordination $11,778 Manage media/Meet with reporters Press releases (10 total) Meet with and prepare County staff for editorial board meeting CAC/TDC/County Commission meeting attendance MAR 0 9 200 DG. ~ Scope of Services Public Information Program Page 2 In order to provide appropriate information, we need to be present at some of the CAC, TDC, and County Commission meetings. In projects such as yours, constant education and re-education of the media has proven essential to the success of the program. Our estimate to perform the above described services for the permitting and pre-construction phase of the project based on time & materials is not to exceed $47,870. Please authorize us to begin by issuing a Purchase Order: If you have any questions, please feel free to give me a call. Very truly yours, Angela M. Belden Coastal Planning & Engineering, Inc. Fg,CPE\_Proposals\Collier',2004 Proposals\Public [nformation Pro.am Scope February 2004.doc Z 0 o,7, 0 Q. Z 0 ~o._/J,_~./~. MAR O 9 ZOO~, Coltier County Tl~e project The mission The past The progress The pictures Beach Renaurishntent Praject I'he i)rt)jert I I'he iili%~,;ofl I I'he it:l*,[ I ! lie i.'oL, re~,% I I'he ifitt.re~. Is t for the s=ct'd of ~eug~ter a~ e chile sc as~e~ ntPe lappis; w~.,.es~ The c%nch of ~e 5and as s~ellers scour t~e 5Yore or coJcle~ 57c.1 J~ [Pe moonli~h[~ Is t to wetch the wmcel n] g~ls an= t~e skittering crabs? To $=y a ~le crawl i~ the ~m~ or wa[~ a cch=al .3f Rsh feed at ni~t? beachfronD To keec our ~aslal ccm~ des v mi an= v brant~ Is t to acoa'Tn'~eda:e a J the people ,/,t'o wan: to come and enjoy o Jr beachf'on:? To keep our c. Das'.al commurit es vital and vi=rant? Is t to keep :h~ storm ,,vaYes at =ay. pr.=tec:ing I'ome and hea th rc~ds and real estate? is t s ropy because =.ur beaches are wqat craw5 us here. vel'a: bfi'~.;s u5 back he-e and w~at finally keeps beach res:c.'a:~cn i.wcje,:t pro',, di'~g yoJ =¢ck_cr,2und. 'acts and updale'~ on the c. rocess of cringing t. and h~c., to :he county's coastline ',4'e'll work n~re tc tel yoJ the 'Tow" o'" 6c: :he "',',~'y' - ryct. slil reed ts go that - ius: g'~ tc d'e beach Icok c.~,: on the sa'~c acd surf. and remerTtbe- :he fir~: t me '..,co 5aw a [,each. Then you Il know '.,,'ny' we do Ibis. MAR 0 9 200 PG. GOOBERHAM & AS$OCIAfES The project The mission ~The past The progress The pictures Beach Renaurishment Project l'he lW..iecl l l'he lll[.~.~hlil I I'he past I ! lle IW(.,:,'e,,,:* I Flle llichlre.~ We are committed to: -- Begin placing sifted, high quality sand on the beach by Nov. 1. -- Renourish the beaches of Vanderbilt Beach, Park Shore and Naples. -- Be good neighbors to those who live along or love to visit this beachfront. -- Respond quickly to your questions and concerns. -- Stay within budget. Coliier C~unty_ 'The mission The past The progress The pictures Beach Renaudshment Praj¢ct the p,'~i("¢l [ rhe mi~,~,io,t J I'he im~[ [ lhe iw-,,.t,,'e~,~ [ I'he pict.re.~ J MEXICO " Project" ...... Cftc,, orJ · , T~ii 9EACH PELI~N BAY c~ ~ ~ PA~K SHORE LEGENO: \ ~OTE$: / NAPLES ~o. ~b¢ MAR 0 9 200~ GOOI:ERHAM & ASSO~TES INC. The project The mission The past The progress The pictures Beach Rtnourishment Project I'he i;r.it, vl I I'hr missh,. I I'he paN[ Illle ii,'oai't.,s I I'he Idd u['e~ MAR 0 9 2004 COllier County CITY OF NAPLES PLANNING ENI..~INEEHINEi, INr~-. GOOCEEHAM & A~SOC'~ATES lf'~C. The project The mission The past The progress The pictures Beach Renourishment Project I'he lU'~jerl I I'he mb, Gini I I'he i}a.~t I '1 he prog,'e~.~ I I'he i}iclurt~. The Naples City Beach has been eroding at about one foot per year for a long time. It was not noticeable until the late 1960s, when enough structures had been built to create a points of reference. In the early 1970s, the U.S. Army Corps of Engineers prepared a reconnaissance study and came to the conclusion that beach nourishment was the management solution for the beaches. There were two major obstacles to a project' at that time. First, sand sources were limited, because the technology was not available to utilize sources being considered today. Second, public opinion was not supportive of the project. The Corps maintained the project on their records until the early 1990s, when it was deauthorized. Meanwhile, the Florida Legislature passed the Beach Management Act in the mid-1980s. This act required each county be studied. Coastal Engineering Consultants (CEC) was hired to prepare a beach management study for Collier County. CEC also recommended beach nourishment and added that sand sources were available. The Ad Hoc Beach Committee that was advising the C :~:~ Beach otiter Count}7 Renaurishment Project I'hc p,-..jecl [ l'he mi~hm I I'he i,:l,t [ lhe IW.are,* [ I'he pictures CITY, OF ~LES Press Releases k,,,w... · None at this time T~e project The mission Fact Sheet The pest Length: 10.2 miles The progress The pictures Location: R21-R-37 (3.1 miles) - Vanderbilt Beach (prefer streetO R43-R-55 (l.5 miles) - Park Shore R-58-89 (5.6 miles) - Naples Width: 100 feet, 85 feet at Park Shore (limit hardbottom impacts) Fill Quantity: 843,525 cubic yards 2004 COliier County Beth Reno~rishment Projtc~ Close Window OF M~_XIC~ ~ I~AI~ 0 9 200~ Close Window I HAR 09200~ GOODERHAM & ASSOC~AI~$ INC.. :The project The mission The past The progress The pictures Beach Renourishment I'he I),'ojec! I I'he n]i.~.~i(),~ I File i):i.~[ I I be iwoere.~.~ I 1'he pictures (:oilier Count5' Investigations: Sand Scarchcs off Southwest Florida 'Drowned lleach Ridges on the Inner Continental Shell' will Replenish Eroding (:oilier (:aunty Ileache.¢ Relict beach deposits (submerged beach sextimenL~) formed during lower stages of sea level occur offshore Collier County ~.~ bathymetfically positive features (ridges). These ~eafltmr ridges or hills have been by Coastal Planning & l~gineedn§ for the (;oilier County beach renourishment project The (:oilier County Board of Commissioners contracted Coastal Planning & Engineering, Inc. ((:PI:.) in May 2002, lo conduct oil.shore sand search investigations along die inner continental shelf sand seamh was conducted in thre~ phases Pha.~o I reviewed pmlinent literatm'e and geophysical - geotechnical data for ofl:qhore Collier ¢:ounty and adjacent regions to delineate target Iocatitm~ .qubsequent szmd search phaqes. Re.qult.q of Phase I indicated: that the ntl'dmre ~nd ridge.q mi[.,ht contain 'viable ~nd re~nu~ces [lathymeu'm ~u~.ey~ in Phase II detimaed ridge boundaries that were ~upported by collection of ~ml~ce ~ediment sample~ (40) and r~onnaissance jet probes (50) PHmary, ~onda~,, and unsuit~He deposit~ were delimiled in ol]~bo~e Collic~ County In Pha~c Ill of the nlT~nre investigation, potentially favorable deposits (based an results ol' Phases 1 and il) were examined in detail ualng vihracorca and complemented by scismlc survey& Re~ull~ of the vibra~m and qelsrnic inve~igation~ point 1~ ~and ~urce~ in one scl of rldge~ about 6 mile~ niT, bore and another' set no~hwesl of Collier Uounty in Federal waters in about 40 f~t of ~amr. ' ' Copy right t~ 2000-2004 Coaslal Plannmff & F. ngineering COli~er County Beach Renourishment Pra#ct Close Window x~a~.¢~,, c~,:Yei::s al:ti ~.~ ind A bull'~ ~,;~ c, Ffi~e heath ('.:.,Iai (':nlstructitm ('tml,'(H lane: l.i:':e .flon~ I~lc ~hore]i:le I)o:'dcri:m l?:c (tull :,f Xlcxic~,. tl:c q / MAR 0 9 2004 ot~ter County Beach Rtnout~shmtnt Pm#ct Close Window Il 'h.t i.~ erosiotF? 151't}sit:r. on the barrie~ i~la,:d.-, al:d the sand~ beaches ef Flt,':da ~ caused b~ ~ md ~enm'ated ~;:~ cs I/.-' d. ,,'a,'(,a ~'uu.*e I Itc ;~rc:!em:nan~ mt~rat:on of sand (l:lml'nl drif:) is most ol~erl from mmh b:eak ill .tl nn=le to the shoreline, prud~cin~ turbulence by I::iin~ bolti)~n malerials inle suspensim~ ired c.m'~ in~ =[~e:n fi,r~, md..,~s the ~ a~ c cner~y dissipa:e~, tl~e ~ aler llo~ If'lo' dt~ t/re bt'dch n'c'ede in t/re nqtta'r {old t~trtiaI~r rctttrn in the D.cs thc sh.rclitlc room-ct u.~ q.icMr a~ ) by t.x.~tul!~at'd I'.~ Ihu dlcducd depth c:':he inlet and lh~ :C:l~:l'~ ~,l'l}lc Il'hut h the r.le .[ tlgtll-ml.le itch'ts ? II '/tut i.~ thc role ~{['nuumd it~let, ? lltm' t&ws ~ea k'vel risc ~{/~'ct HAR 0 9 200/, EXECUTIVE SUMMARY ACCEPT GRANT AGREEMENT FROM THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT IN THE TOTAL AMOUNT OF $25,000 AND APPROVE NECESSARY BUDGET AMENDMENTS. OBJECTIVE: To obtain acceptance of one (1) grant agreement from the South Florida Water Management District (SFWMD) to assist with the funding of the Household Fats, Oils and Grease (FOG) Program project to be performed by the Public Utilities Division. To approve necessary budget amendments to transfer funds to Fund 414; one budget amendment to receive the grant and the other to reserve matching funds. CONSIDERATIONS: On November 7, 2003, the Collier County Public Utilities Division submitted a grant application for the followihg project to the Big Cypress Basin under their Cooperative Water Resource Funding Program: Titlel Household Fats, Oils and Grease (FOG) Program (Project 72519) Description: Public education campaign on the proper disposal of household cooking grease. Education program includes media advertisements, press releases, brochures, posters, utility bill stuffers, live and taped television interviews, and group meetings for the Collier County Water-Sewer District. The Big Cypress Basin Board, at their meeting on December 4, 2003, recommended funding in the amount of $25,000 for the Household Fats, Oils and Grease (FOG) Program. Staff is now in receipt of the contract agreement for this program. The contract is to be executed and returned to the SFWMD for final processing. The period of performance for this agreement is one (1) year from the start date set forth in the agreement. FISCAL IMPACT: Ihe grant agreement requires additional matching funds in the amount of $25,000 for the Household Fats, Oils and Grease (FOG) Program, which will be appropriated into County Sewer Capital Project Fund 414. A budget amendment in the amount of $25,000 is necessary. Ihe source of funds to be appropriated into the County Sewer Capital Project Fund 414 is Reserves. A second budget amendment in the amount of $25,000 is also necessary to accept funding from the SFWMD as described in the agreement and appropriate the funds into the County Sewer Capital Project Fund 414. GROWTH MANAGEMENT IMPACT: This project is consistent with the 2002 Wastewater Master Plan Update adopted by the Board February 25, 2003, Item 10(A). RECOMMENDATIONS: Ihat the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District: 1. Accept the attached grant agreement from the South Florida Water Management District. Contract No. DG040613- Household Fats, Oils and Grease (FOG) Program in the amount of $25,000. 2. Authorize Board of County Commissioners, Chairman, Donna Fiala, to execute the agreement. 3. Approve the following budget amendment in the amount of $25,000 to transfer funds from Reserves to Fund 414. 4. Approve the following budget amendment in the amount of S25,000 to accept $25,000 from the SFWMD as described in the agreement and appropriate the grant monies to Fund 414. //_., MAR 0 9 2gDt, Executive Summan.' March 9. 2004 Page 2 SUBMITED BY: REVIEWED BY: REVIE~VED BY: Garcia, Operations Analyst Wastewater Department Tom Wides, Director Fiscal Operations DATE: DATE: 7..- ~4-o4 DATE: Public U'tilities Divks~ ,PPROVE . .~ ~_~ i st rat o? A T E .~dy~.~/)/'t No._ /~,d.. ~ ORIGINAL O . SOUTH FLORIDA WATER MANAGEMENT DISTRICT AGREEMENT THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT (hereinafter referred to as DISTRICT) HEREBY ENTERS INTO THIS AGREEMENT XVITH: Name: COLLIER COUNTY WATER SEWER-DISTRICT Address: 3301 East Tarmami Trail Bldg. 'H', 3ra Floor Naples, FL 34112 Project Manager: James W. Delony, P.E. Telephone No: (239) 732-2540 Fax No: (239) 732- 2526 Hereinafter referred to as: ENTITY This number must appear on all Invoices and Correspondence DG040613 MBE PARTICIPATION: 0% PROJECT TITLE: HOUSEHOLD FATS, OILS AND GREASE (FOG) PROGRAM The following Exhibits are attached hereto and made a part of this AGREEMENT: Exhibit"A" - Special Provisions Exhibit "B" - General Terms and Conditions Exhibit "C" - Statement of Work Exhibit "D" - Payment and Deliverable Schedule Exhibit "E" - Not Applicable Exhibit"F" - Not Applicable Exhibit "G" - Not Applicable Exhibit "H" - Not Applicable Exhibit 'T' Not Applicable Exhibit "J" Not Applicable Exhibit "K" - Not Applicable Exhibit "L" - Not Applicable Exhibit "M" - Not Applicable TOTAL AGREEMENT AuMOUNT: $25,000.00 Multi-Year Funding (If Applicable) Fiscal 'Year: Fiscal Year: Fiscal Year: *Subject to District Governing Board Annual Budget Approval AGREEMENT TYPE: Fiscal Year: Fiscal Year: Fiscal Year: Firm Fixed Price AGREEMENT TERM: I YEAR EFFECTIVE DATE: Last Date of Execution bv the Parties District Project Manager: Barbara Kerby District Contract Administrator: Telephone No: (239) 597-1505 Penelope Burger (561) 682-2536 Fax No. (239) 597-4987 Fax No.: (561) 682-6397 or (561) 681-6275 SUBMIT INVOICES AND NOTICES TO THE DISTRICT AT: South Florida Water Management District 3301 Gun Club Road West Palm Beach, Florida 33406 Attention: Procurement Division-Notices SUBMIT NOTICES TO THE ENTITY AT: COLLIER COUNTY WATER SEWER-DISTRICT 3301 East Tamiami Trail Bldg. 'H', 3rd Floor Naples, FL 34112 Attention: James W. Delony, P.E. IN WITNESS WHEREOF, the authorized representative hereby executes this AGREEMENT on this date. and accepts all Terms and Conditions under which it is issued. COLLIER COUNTY By: SOUTH FLORIDA WATER MANAGEMENT DISTRICT Acce[ Accepted By: Signature of Authorized Representative Title: k~ Date: ~ SFWM, DT~FF. ICE Q.F, COUNSEL Date: '4' By:~~ Frank Hayden, Procurement Director Date: Date: t 0 q _7004 SOUTH FLORIDA WATER MANAGEMENT DISTRICT AGREEMENT EXHIBIT "A" SPECIAL PROVISIONS The purpose of this Exhibit "A" is to delineate any and all changes, deletions and/or additions to the Exhibit "B" General Terms & Conditions. In the event of any conflict between this Exhibit "A" and any other provision specified in this Agreement, this Exhibit "A" shall take precedence. .ARTICLE 5 - Indemnification and insurance is hereby deleted in its entirety. SFWMD. OFFICE OF COUNSEL APPROVED / / SF3VMD PROCUREMENT APPROVED B .- ~.._~ ~,,..:.:?,..., Date: 2-~ ,3/ Agreement No. DG040513 Exhibit "A" Special Provisions NO._ //.e_.. ~ MAR 0 9 200~, PG.. , Pa~e Iofl ¢ SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT GENERAL TERMS AND CONDITIONS ARTICLE 1 - STATEMENT OF WORK 1.1 The ENTITY shall, to the satisfaction of the DISTRICT, fully and timely perform all work items described in the "Statement of Work," attached hereto as Exhibit "C" and made a part of this AGREEMENT. by the DISTRICT pursuant to this AGREEMENT shall not exceed the amount as indicated on the cover/signature page of this AGREEMENT. Such amount includes all expenses which the ENTITY may incur and therefore no additional consideration shall be authorized. 1.2 As part of the services to be provided by the ENTITY under this AGREEMENT, the ENTITY shall substantiate, in whatever forum reasonably requested by the DISTRICT, the methodology, lab analytical examinations, scientific theories, data, reference materials, and research notes. The ENTITY shall also be required to substantiate any and all work completed, including but not limited to, work completed by subcontractors, assistants, models, concepts, analytical theories, computer programs and conclusions utilized as the basis for the final work product required by the AGREEMENT. This paragraph shall survive the expiration or termination of this AGREEMENT. 1.3 The parties agree that time is of the essence in the performance of each and every obligation under this AGREEMENT. 1.4 In the event ENTITY employees or hired workers are authorized by Exhibit "C" to perform services on-site at DISTRICT facilities, the ENTITY hereby agrees to be bound by all applicable DISTRICT policies and standards of conduct listed in Attachment 1, "Contractor Policy Code Acknowledgement" to Exhibit "C" and shall require each individual performing such on-site work to execute the Attachment 1 form. It is the ENTITY's responsibility to advise its employees or hired workers of the nature of the project, as described in Exhibit "C". The ENTITY shall determine the method, details and means of performing the services, within the parameters established by Exhibit "C". The DISTRICT shall p~:ovide additional guidance and instructions to ENTITY's employees or hired workers where necessary or appropriate as determined by the DISTRICT. ARTICLE 2 - COMPENSATION/ CONSIDERATION 2.1 The total consideration for all work required 2.2 The ENTITY assumes sole responsibility for all work which is performed pursuant to the Statement of Work, Exhibit "C". By providing funding hereunder, the DISTRICT does not make any warranty, guaranty, or any representation whatsoever regarding the correctness, accuracy, or reliability of any of the work performed hereunder. 2.3 The ENTITY by executing this AGREEMENT, certifies to truth-in-negotiation, specifically, that wage rates and other factual unit costs supporting the consideration are accurate, complete, and current at the time of contracting. The ENTITY agrees that the DISTRICT may adjust the consideration for this AGREEMENT to exclude any significant sums by which the consideration was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. The DISTRICT shall make any such adjustment within one (1) year following the expiration or termination of this AGREEMENT. ARTICLE 3 - INVOICING AND PROMPT PAYMENT 3.1 The ENTITY's invoices shall reference the DISTRICT's AGREEMENT Number and shall be sent to the DISTRICT's address specified on the cover/signature page of this AGREEMENT. The ENTITY shall not submit invoices to any other address at the DISTRICT. 3.2 The ENTITY shall submit the invoices on a completion of deliverable basis, pursuant to the schedule outlined in the Payment and Deliverable Schedule, attached hereto as Exhibit "D" and made a part of this AGREEMENT. In the event the schedule does not specify payment on a completion of deliverable basis, all invoices shall be substantiated by adequate supporting documentation to justify hours expended and expenses incurred within the not- to-exceed budget, including but not limited to, copies Page 1 of 9, Exhibit "B" Contract File:\entity.dtc AGI- ~DA I T£81 -. NO.~~ 02/03/04 MAR 0 9 200 , SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT GENERAL TERMS AND CONDITIONS of approved timesheets, payment vouchers, expense reports(including approved travel costs, if applicable), receipts and subcontractor invoices. Any authorized travel shall be reimbursed in accordance with Chapter 112, Florida Statutes. 3.3 It is the policy of the DISTRICT that payment for ali goods and services shall be made in a timely manner and that interest payments are made on late payments. In accordance with Florida Statutes, Section 218.70, Florida Prompt Payment Act, a "proper" invoice is defined as 'an invoice that conforms to all statutory requirements and all DISTRICT requirements as specified in the AGREEMENT for invoice submission. The time at which payment shall be due from the DISTRICT shall be forty-five (45) days from receipt of a proper invoice and acceptance of services and/or deliverables, based on compliance with the statutory requirements set forth in Section 218.70, F.S. and upon satisfaction of the DISTRICT conditions as detailed in the AGREEMENT. Failure of the ENTITY to follow the instructions set forth in the AGREEMENT regarding a proper invoice and acceptable services and/or deliverables may result in an unavoidable delay in payment by the DISTRICT~ All payments due from the DISTRICT for a proper invoice and acceptable services and/or deliverables and not made within the time specified in this section shall bear interest from thirty (30) days after the due date at the rate of one percent (1%) per month on the unpaid balance. The ENTITY shall invoice the DISTRICT for payment of any accrued unpaid interest. Any disputes regarding invoice payments which cannot be resolved by the appropriate department of the DISTRICT shall be concluded by final written decision of the DISTRICT Leadership Team not later than sixty (60) days after the date on which the proper invoice was received by the DISTRICT. 3.4 Unless otherwise stated herein, the DISTRICT shall not pay for any obligation or expenditure made by the ENTITY prior to the commencement date of this AGREEMENT. Page 2 of 9, Exhibit "B" ARTICLE 4 - PROJECT MANAGEMENT/ NOTICE 4.1 The parties shall direct all technical matters arising in connection with the performance of this AGREEMENT, other than invoices and notices, to the attention of the respective Project Managers specified on the cover/signature page of the AGREEMENT for attempted resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this AGREEMENT. The ENTITY shall direct all administrative matters, including invoices and notices, to the attention of the DISTRICT's Contract Specialist specified on the cover/signature page of the AGREEMENT. All formal notices between the parties under this AGREEMENT shall be in writing and shall be deemed received if sent by certified mail, return receipt requested, to the respective addresses specified on the cover/signature page of the AGREEMENT. The ENTITY shall also provide a copy of all notices to the DISTRICT's Project Manager. All notices required by this AGREEMENT shall be considered delivered upon receipt. Should either party change its address, written notice of such new address shall promptly be sent to the other party. All correspondence to the DISTRICT under this AGREEMENT shall reference the DISTRICT's Contract Number specified on the cover/signature page of the AGREEMENT. ARTICLE 5 - INDEMNIFICATION & INSURANCE 5.1 For value received, which is hereby acknowledged, the ENTITY shall defend, indemnify, save, and hold the DISTRICT, its officers, directors, board members, agents, assigns, and. employees harmless from liabilities, damages, losses and costs, including, but not limited to reasonable attorneys' fees, to the extent caused by the negligence, recklessness or intentionally wrongful conduct of the ENTITY and other persons employed or utilized by the ENTITY in the performance of the AGREEMENT. The DISTRICT shall have the right to approve counsel selected by the ENTITY to defend the DISTRICT in Contract File:\entity.doI 02~j~4 SOUTH FLORIDA WATER M,A, N. AGEMENT DISTRICT EXHIBIT B GENERAL TERMS AND CONDITIONS the event the DISTRICT is named in any legal action. The ENTITY further acknowledges that it is solely responsible for ensuring its compliance and the compliance of its subcontractors, suppliers, agents, assigns, invitees and employees with the terms of this AGREEMENT. This paragraph shall survive the expiration or termination of this AGREEMENT. 5.2 The ENTITY shall procure and maintain, through the term of this AGREEMENT, insurance coverage reflecting, at a minimum, the limits and coverage conditions identified on the DISTRICT's Insurance Requirements, attached as Exhibit "H" and made a part of this AGREEMENT. The coverage required shall extend to all employees and subcontractors of the ENTITY. Prior to the execution of this AGREEMENT, the ENTITY shall provide a Certificate of Insurance for such coverage to the DISTRICT for approval, indicating the producer, insured, carrier's name, and BEST rating, policy numbers and effective and expiration dates of each type of coverage required. The Certificate of Insurance shall be signed by the insurance carrier's authorized representative and shall identify the DISTRICT as added insured as required. 5.3 All insurers must be qualified to lawfully conduct business in the State of Florida. Failure of the DISTRICT' to notify the ENTITY that the certificate of insurance does not meet the AGREEMENT requirements shall not constitute a waiver of the ENTITY's responsibility to meet the stated requirement. In addition, receipt and acceptance of the certificate of insurance by the DISTRICT shall not relieve the ENTITY from responsibility for adhering to the insurance limits and conditions of insurance required within this AGREEMENT. Misrepresentation of any material fact, whether intentional or not, regarding the ENTITY's insurance coverage, policies or capabilities, may be grounds for termination of the AGREEMENT as determined solely by the DISTRICT ARTICLE 6 - TER3IINATION/REMEDIES 6.1 It is the policy of the DISTRICT to encourage good business practices by requiring contractors to materially perform in accordance with the terms and conditions of the DISTRICT AGREEMENT. In accordance with DISTRICT Rule 40E-7, Part II, F.A.C., "material breach" is defined as any substantial, unexcused non- performance by failing to perform an act that is an important part of the transaction or performing an act inconsistent with the terms and conditions of the AGREEMENT, If the ENTITY materially fails to fulfill its obligations under this AGREEMENT, the DISTRICT will provide written notice of the deficiency by forwarding a Cure Notice citing the specific nature of the material breach. The ENTITY shall have thirty (30) days to cure the breach. If the ENTITY fails to cure the breach within the thirty (30) day period, the DISTRICT shall issue a Termination for Default Notice. Once the DISTRICT has notified the ENTITY that it has materially breached its AGREEMENT with the DISTRICT, by sending a Termination for Default Notice, the DISTRICT's Governing Board shall determine whether the ENTITY should be suspended from doing future work with the DISTRICT, and if so, for what period of time. The DISTRICT's Governing Board will consider the factors detailed in Rule 40E- 7, Part II, F.A.C. in making a determination as to whether a ENTITY should be suspended, and if so, for what period of time. Should the DISTRICT terminate for default in accordance with this provision, the DISTRICT shall be entitled to recover reprocurement costs in addition to all other remedies under law and/or equity. 6.2 The DISTRICT may terminate this AGREEMENT with or without cause at any time for convenience upon thirty (30) calendar days prior written notice to the ENTITY. The performance of work under this AGREEMENT may be terminated by the DISTRICT in accordance with this clause in whole, or from time to time in part, whenever the DISTRICT shall determine that such termination is in the best interest of the DISTRICT. Any such termination shall be effected by delivery to the ENTITY of a Notice of Termination specifying the extent to which performance of work under the AGREEMENT is terminated, and the date upon which Page 3 of 9, Exhibit "B" SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS such termination becomes effective. In the' event of termination for convenience, the DISTRICT shall compensate the ENTITY for all authorized and accepted deliverables completed through the date of termination in accordance with Exhibit "C", Statement of Work. The DISTRICT shall be relieved of any and all future obligations hereunder, including but not limited to lost profits and consequential damages, under this AGREEMENT. The DISTRICT may withhold all, payments to the ENTITY for such work until such time as the DISTRICT determines the exact amount due to the ENTITY. 6.3 In the event a dispute arises which the project managers cannot resolve between themselves, the parties shall have the option to submit to non-binding mediation. The mediator or mediators shall be impartial, shall be selected by the parties, and the cost of the mediation shall be borne equally by the parties. The mediation process shall be confidential to the extent permitted by law. 6.4 The DISTRICT may order that all or part of the work stop if circumstances dictate that this action is in the DISTRICT's best interest. Such circumstances may include, but are not limited to, unexpected technical developments, direction given by the DISTRICT's Governing Board, a condition of immediate danger to DISTRICT employees, or the possibility of damage to equipment or property. This provision shall not shift responsibility for loss or damage, including but not limited to, lost profits or consequential damages sustained as a result of such delay, from the ENTITY to the DISTRICT. If this provision is invoked, the DISTRICT shall notify the ENTITY in writing to stop work as of a certain date and specify the reasons for the action, which shall not be arbitrary or capricious. The ENTITY shall then be obligated to suspend all work efforts as of the effective date of the notice and until further written direction from the DISTRICT is received. Upon resumption of work, if deemed appropriate by the DISTRICT, the DISTRICT shall initiate an amendment to this AGREEMENT to reflect any changes to Exhibit "C", Statement of Work and/or the project schedule. 6.5 The DISTRICT anticipates a total project cost as indicated on the cover/signature page, with the balance of matching funds and/or in-kind services to be obtained from the ENTITY in the amount as specified on the cover/signature page of this AGREEMENT. In the event such ENTITY matching funding and/or in-kind services becomes unavailable, that shall be good and sufficient cause for the DISTRICT to terminate the AGREEMENT pursuant to Paragraph 6.2 above. ARTICLE 7 - RECORDS RETENTION/ OWNERSHIP 7.1 The ENTITY shall maintain records and the DISTRICT shall have inspection and audit rights as follows: A. Maintenance of Records: The ENTITY shall maintain all financial and non-financial records and reports directly or indirectly related to the negotiation or performance of this AGREEMENT including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five years from completing performance and receiving final payment under this AGREEMENT. B. Examination of Records: The DISTRICT or its designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this AGREEMENT. Such examination may be made only within five years from the date of final payment under this AGREEMENT and upon reasonable notice, time and place. C. Extended Availability of Records for Legal Disputes: In the event that the DISTRICT should become involved in a legal dispute with a third party arising from performance under this AGREEMENT, the ENTITY shall extend the period of maintenance for all records relating to the AGREEMENT until the final disposition of the legal dispute, and all such records shall be made readily available to the DISTRICT. 7.2 The DISTRICT shall retain exclusive title, copyright and other proprietary rights in all work items, including but not limited to, all documents, technical Page 4 of 9, Exhibit "B" ' Contract File:\entity.do1' MAR 0 9 2004 SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT GENERAL TERMS AND CONDITIONS reports, research notes, scientific data, computer pro,ams, including the source and object code, which are developed, created or otherwise originated hereunder by the ENTITY, its subcontractor(s), assign(s), agent(s) and/or successor(s) as required by the Exhibit "C", Statement of Work (the "Work"). In consideration for the DISTRICT entering into this AGREEMENT, and other good and valuable consideration the sufficiency and receipt in full of which is hereby acknowledged by the ENTITY, the ENTITY hereby assigns, transfers, sells and otherwise grants to the DISTRICT any and ali rights it now has or may have in the Work (the "Grant"). This Grant shall be self-operative upon execution by the parties hereto, however the ENTITY agrees to execute and deliver to the DISTRICT any further assignments or other instruments necessary to evidence the Grant, without the payment of any additional consideration by the DISTRICT. The ENTITY may not disclose, use, license or sell any work developed, created, or otherwise originated hereunder to any third party whatsoever. This paragraph shall survive the termination or expiration of this AGREEMENT. 7.3 The ENTITY represents and warrants that proprietary software, if any, to be provided to the DISTRICT by the ENTITY hereunder, as specifically identified in Exhibit "C', Statement of Work shall have been developed solely by or for the ENTITY, or lawfully acquired under license from a third party, including the right to sublicense such software. The ENTITY shall include copyright or proprietary legends in the software and on the label of the medium used to transmit the software. The ENTITY shall grant to the DISTRICT a perpetual, · non-transferable, non-exclusive right to use the identified software without an additional fee. The DISTRICT acknowledges that title to the software identified in Exhibit "C" shall remain with the Licensor. expiration or termination. Equipment is hereby defined as any non-consumable items purchased by the DISTRICT with a value equal to or greater than $500.00 and with a normal expected life of one (1) year or more. The ENTITY will maintain any such equipment in good working condition while in its possession and will return the equipment to the DISTRICT in good condition, less normal wear and tear. The ENTITY will use its best efforts to safeguard the equipment throughout the period of performance of this AGREEMENT. However the DISTRICT will not hold the ENTITY liable for loss or damage due to causes beyond the ENTITY's reasonable control. In the event of loss or damage, the ENTITY shall notify the DISTRICT in writing within five (5) working days of such occurrence. 7.5 The DISTRICT has acquired the right to use certain software under license from third parties. For purposes of this AGREEMENT, the DISTRICT may permit the ENTITY access to certain third party owned software on DISTRICT computer systems. The ENTITY acknowledges the proprietary nature of such software and agrees not to reproduce, distribute or disclose such software to any third party. Use of or access to such software shall be restricted to designated DISTRICT owned systems or equipment. Removal of any copy of licensed software is prohibited. ARTICLE 8 - STANDARDS OF COMPLIANCE 8.1 The ENTITY, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this AGREEMENT. The DISTRICT undertakes no duty to ensure such compliance, but will attempt to advise the ENTITY, upon request, as to any such laws of which it has present knowledge. 7.4 Any equipment purchased by the ENTITY with DISTRICT funding under this AGREEMENT shall be returned and title transferred from the ENTITY to the DISTRICT immediately upon termination or expiration of this AGREEMENT upon the written request of the DISTRICT not less than thirty (30) days prior to AGREEMENT 8.2 The ENTITY hereby assures that no person shall be discriminated against on the grounds of race, color, creed, national origin, handicap, age, or sex, in any activity under this AGREEMENT. The ENTITY shall take all measures necessary to effectuate these assurances. 8.3 The laws of the State of Florida shall govern all Page 5 of 9, Exhibit "B" Contract File:\entity.doc SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS aspects of this AGREEMENT. In the event it is necessary for either party to initiate legal action regarding this AGREEMENT, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims which are justiciable in federal court. 8.4 The ENTITY, by its execution of this AGREEMENT, acknowledges and attests that neither it, nor any of its suppliers, subcontractors, or consultants who shall perform work ,which is intended to benefit the DISTRICT is a convicted vendor or has been placed on the discriminatory vendor list. If the ENTITY or any affiliate of the ENTITY has been convicted of a public entity crime or has been placed on the discriminatory vendor list, a period longer than 36 months has passed since that person was placed on the convicted vendor or discriminatory vendor list. The ENTITY further understands and accepts that this AGREEMENT shall be either void by the DISTRICT or subject to immediate termination by the DISTRICT, in the event there is any misrepresentation or lack of compliance with the mandates of Section 287.133 or Section 287.134, respectively, Florida Statutes. The DISTRICT, in the event of such termination, shall not incur any liability to the ENTITY for any work or materials furnished. project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the ENTITY assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the ENTITY. 8.7.1 Pursuant to Sections 119.07(3)(o), and 240.241 Florida Statutes, data processing software obtained by an agency under a license agreement which prohibits its disclosure and which software is a trade secret, as defined in Sections 812.081(c), Florida Statutes is exempt from the disclosure provisions of the Public Records law. However, the parties hereto a~ee that if a request is made of the DISTRICT, pursuant to Chapter 119, Florida Statute, for public disclosure of proprietary property being licensed to the ENTITY (Licensee) hereunder, the DISTRICT shall advise the ENTITY (Licensee) of such request and, as between the DISTRICT and the ENTITY (Licensee), it shall be the ENTITY's (Licensee's) sole burden and responsibility to immediately seek and obtain such injunctive or other relief from the Courts and to immediately serve notice of the same upon the Licensor to protect the Licensor's claimed exemption under the Statute. 8.5 The ENTITY shall be responsible and liable for the payment of all of its FICA/Social Security and other applicable taxes resulting from this AGREEMENT. 8.6 The ENTITY warrants that it has not employed or retained any person, other than a bona fide employee working solely for the ENTITY, to solicit or secure this AGREEMENT. Further the ENTITY warrants that is has not paid or agreed to pay any person, other than a bona fide employee working solely for the ENTITY, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the awarding or making of this AGREEMENT. For breach of this provision, the DISTRICT may terminate this AGREEMENT without liability and, at its discretion, deduct or otherwise recover the full amount of such fee, commission, percentage, gift, or other consideration. 8.7 The ENTITY shall allow public access to all 8.8 The ENTITY shall make reasonable efforts to obtain any necessary federal, state, local, and other governmental approvals, as well as all necessary private authorizations and permits, prior to the commencement of performance of this AGREEMENT. A delay in obtaining permits shall not give rise to a claim by the ENTITY for additional compensation. If the ENTITY is unable to obtain all necessary permits in a timely manner, either party may elect to terminate this AGREEMENT, each party to bear its own costs, notwithstanding other provisions of this AGREEMENT to the contrary. 8.9 Pursuant to Section 216.347, F.S., the ENTITY is prohibited from the expenditure of any funds under this AGREEMENT to lobby the Legislature, the judicial branch or another state agency. 8.10 The DISTRICT is a governmental entity responsible for performing a public service and therefore has a legitimate interest in promoting the Page 6 of 9, Exhibit "B" Contract File:\entity.doc 32/03/04, °g. -- SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS goals and objectives of the agency. The work under this AGREEMENT involves a project consistent with these goals and objectives. Consequently, the DISTRICT is desirous of satisfactorily completing and successfully promoting this project with the cooperation of its ENTITY. Therefore, as the DISTRICT'S ENTITY for this project, the ENTITY assures the DISTRICT that the ENTITY, its employees, subcontractors and assigns will refrain from acting adverse to the DISTRICT'S legitimate interest in promoting the goals and 9bjectives of this project. The ENTITY agrees to take all reasonable measures necessary to effectuate these assurances. In the event the ENTITY determines it is unable to meet or promote the goals and objectives of the project, it shall have the duty to immediately notify the DISTRICT. Upon such notification the DISTRICT, in its discretion, may terminate this AGREEMENT. ARTICLE 9 - RELATIONSHIP BETWEEN THE PARTIES 9.1 The ENTITY shall be considered an independent contractor and neither party shall be considered an employee or agent of the other party. Nothing in this AGREEMENT shall be interpreted to establish any relationship other than that of independent contractor between the parties and their respective employees, agents, subcontractors, or assigns during or after the performance on this AGREEMENT. Both parties are free to enter into contracts with other parties for similar services. 9.2 In the event that the ENTITY is providing staff who will be working on-site at DISTRICT facilities, it is further understood that the ENTITY shall be the employer of the staff provided pursuant to the AGREEMENT for all purposes under state and federal law and that the ENTITY's staff shall not be eligible for any bene.fit pro,ams the DISTRICT offers to its employees. All benefits available to the ENTITY's staff shall be exclusively provided by the ENTITY or by the ENTITY's employee. The ENTITY is solely responsible for compliance with all labor and tax laws pertaining to officers, agents and ENTITY employees and shall indemnify and hold the DISTRICT harmless from any failure by the ENTITY to comply with such laws. The ENTITY's duties with respect to such personnel shall include, but are not limited to, the following: 9.2.1 Billing, collection, payroll services and tax withholding, and any other related services 9.2.2 Providing insurance coverage pursuant to Article 5 of this AGREEMENT. 9.2.3 Providing any and all employment benefits, including, but not limited to, annual leave, sick leave, paid holidays, health insurance, retirement benefits and disability insurance. 9.2.4 Complying with the Fair Labor Standards Act, 29 U.S.C. 201, et.seq., including payment of overtime in accordance with the Act. 9.2.5 Providing employee training for all activities necessary for job performance, except those functions that are unique to the DISTRICT, in which event, the DISTRICT, in its sole judgment and discretion, may provide training. 9.3 It is the intent and understanding of the Parties that this AGREEMENT is solely for the benefit of the ENTITY and the DISTRICT. No person or entity other than the ENTITY or the DISTRICT shall have any rights or privileges under this AGREEMENT in any capacity whatsoever, either as third-party beneficiary or otherwise. 9.4 The ENTITY shall not assign, delegate, or otherwise transfer its rights and obligations as set forth in this AGREEMENT without the prior written consent of the DISTRICT. Any attempted assignment in violation of this provision shall be void. 9.5 The ENTITY shall not pledge the DISTRICT's credit or make the DISTRICT a guarantor of payment or surety for any contract, debt, obligation, judgement, lien, or any form of indebtedness. 9.6 The DISTRICT assumes no duty with regard to the supervision of the ENTITY and the ENTITY shall remain solely responsible for compliance with all safety requirements and for the safety of all persons and property at the site of contract performance. Page 7 of 9, Exhibit "B" Contract File:\entity.di no. /~ d. 02/03/0,/, SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS ARTICLE 10 - MBE PARTICIPATION 10.1 The ENTITY hereby acknowledges that no Minority Business Enterprises (MBE) participation level has been established for this AGREEMENT; however, both parties agree to provide the other advance notice of competitive contracts that may result from this AGREEMENT along with timelines for public notice and award of such contracts. In the event subsequent competitive contract awards do result in MBE participation, such Ibarticipation shall be reported to the other party. Both the ENTITY and the DISTRICT will ensure compliance with the provisions of their respective program, laws, ordinances and policies and will support the other's initiatives to the extent allowed by law. ARTICLE 11 - GENERAL PROVISIONS 11.1 Notwithstanding any provisions of this AGREEMENT to the contrary, the parties shall not be held liable for any failure or delay in the performance of this AGREEMENT that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of Government, riots, civil commotion, force majeure, act of God, or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the parties. Failure to perform shall be excused during the continuance of such circumstances, but this AGREEMENT shall otherwise remain in effect. This provision shall not apply if the "Statement of Work" of this AGREEMENT specifies that performance by ENTITY is specifically required during the occurrence of any of the events herein mentioned. 11.2 Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the following order: (a) Exhibit "A" Special Provisions, if applicable (b) Exhibit "B" General Terms and Conditions (c) Exhibit "C" Statement of Work (d) all other exhibits, attachments and documents specifically incorporated herein by reference 11.3 Failures or waivers to insist on strict performance of any covenant, condition, or provision of this AGREEMENT by the parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other party from perforrning any subsequent obligations strictly in accordance with the terms of this AGREEMENT. No waiver shall be effective unless in writing and signed by the party against whom enforcement is sought. Such waiver shall be limited to provisions of this AGREEMENT specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 11.4 Should any term or provision of this AGREEMENT be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this AGREEMENT, to the extent that the AGREEMENT shall remain operable, enforceable and in full force and effect to the extent permitted by law. 11.5 This AGREEMENT may be amended only with the written approval of the parties hereto. 11.6 This AGREEMENT states the entire under- standing and agreement between the parties and supersedes any and all written or oral representations, statements, negotiations, or agreements previously existing between the parties with respect to the subject matter of this AGREEMENT. The ENTITY recognizes that any representations, statements or negotiations made by DISTRICT staff do not suffice to legally bind the DISTRICT in a contractual relationship unless they have been reduced to writing and signed by an authorized DISTRICT representative. This AGREEMENT shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in intere, st.. . ARTICLE 12 - SAFETY REQUIREMENTS 12.1 The ENTITY shall require appropriate personal protective equipment in all operations where there is exposure to hazardous conditions. Page 8 of 9, Exhibit "B" F A C.q[ h~S~A I T£I~/' i ~o./..._._~ \ Contract File:\entity.docJ 02/03/04 ~ MAR 0 9 200 SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS 12.2 The ENTITY shall instruct employees required to handle or use toxic materials or other harmful substances regarding their safe handling and use, including instruction on the potential hazards, personal hygiene and required personal protective measures. A Material Safety Data Sheet (MSDS) shall be provided by the ENTITY to the DISTRICT on each chemical product used. 12.3 The ENTITY shall comply with the standards and regulations set forth by the Occupational Safety and Health Administration (OSHA), the Florida Department of Labor and Employment Security and all other appropriate federal, state, local or DISTRICT safety and health standards. 12.4 It is the ENTITY'S sole duty to provide safe and healthful working conditions to its employees and those of the DISTRICT on and about the site of AGREEMENT performance. 12.5 The ENTITY shall initiate and maintain an accident prevention program which shall include, but shall not be limited to, establishing and supervising programs for the education and training of employees in the recognition, avoidance, and prevention of unsafe conditions and acts. 12.6 The ENTITY shall erect and maintain, as required by existing conditions and performance of the AGREEMENT, reasonable safeguards for safety and protection, including posting of danger signs and other warnings, against hazards. 12.7 The ENTITY shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury, or loss to: 12.7.1 employees on the work and other persons who may be affected thereby; including pedestrians, visitors, or traveling public; 12.7.2 the work, materials, and equipment to be incorporated therein; whether in storage on or off the site, under care, custody or control of the ENTITY, or the ENTITY's subcontractors; and and equipment not designated for removal, relocation or replacement in the course of work. 12.8 The ENTITY shall provide first aid services and medical care to its employees. 12.9 The ENTITY shall develop and maintain an effective fire protection and prevention procedures and good housekeeping practices on the work site throughout the AGREEMENT. 12.10 Emergencies: In emergency affecting safety of persons or property on or about the site or as a result of the work; the ENTITY shall act, timely and with due diligence, to prevent threatened damage, injury, or loss. 12.11 Environmental: When the ENTITY, ENTITY's contractors, or subcontractors, use petroleum products, hazardous chemicals, or any other chemicals used on or about the site, the ENTITY shall be responsible for handling these chemical constituents in accordance with federal, state and local regulations during the terms of the AGREEMENT. For accidental discharges or releases onto the floor, air, ground, surface waters, ground waters, it shall be the ENTITY's sole responsibility to respond immediately to clean the site, at his expense, to the complete satisfaction of federal, state, local regulatory agencies and to the DISTRICT requirements. 12.12 The DISTRICT may order the ENTITY to halt operations under the AGREEMENT, at the ENTITY's expense, if a condition of immediate danger to the public and/or DISTRICT employees, equipment, or property exist. This provision shall not shift the responsibility or risk of loss for injuries or damage sustained from the ENTITY to the DISTRICT; and the ENTITY shall remain solely responsible for compliance with all federal, state and local safety requirements, provisions of this section, and safety of all persons and property on or about the site. 12.7.3 other properties at the site or adjacent thereto; such as trees, shrubs, lawns, walks, utilities, pavement, roadways, structures, building, vehicles, Page 9 of 9, Exhibit "B" Contract File:\entity.doc EXHIBIT "C" STATEMENT OF WORK Household Fats, Oils and Grease Program ("FOG") 1.0 Introduction In April of 2003, the Collier County Industrial Pretreatment Ordinance No 2003-18 was adopted by the Board of County Commissioners. This ordinance addressed the establishment of rate fees and charges, and included all Industrial Pretreatment Regulatory Standards, Sewer Use Restrictions, and Procedures and Formula for Industrial Waste Surcharge. The Collier County Industrial Pretreatment Ordinance is based on the United States Environmental Protection Agency's (USEPA) requirement for a local industrial pretreatment program that addresses fats, oils and grease. This ordinance provides a mechanism for enforcement action for industrial users who are not in compliance. With the adoption of the Industrial Pretreatment Ordinance, a Fats, Oils and Grease (FOG) Inspection and Sampling program is now implemented. This program includes monitoring, sampling and inspections of all food establishments' grease traps that are connected to the County's sewer system. The County inspector checks for proper sizing and capacity, proper maintenance and cleaning. The County's Industrial Pretreatment Ordinance will also protect the wastewater system by: · Developing, implementing and maintaining an approved pretreatment program with pretreatment standards and requirements; · Evaluating compliance of regulated industrial users through permitting of their facilities. · Establishing fees for excess strength wastewater from industrial users;. · Providing enforcement action against non-compliant industrial users as appropriate; · Ensuring industrial users pay their share of treatment costs now borne by all sewer ratepayers; and · Establishing a household Fats, Oils & Grease Program Exhibit "C" Agreement No. DG040613 Page lof5 NO. AG£7~ g£M~ MAR 0 9 PG. Household discharges of fats, oils and grease into the sewer lines can also cause blockage of gravity mains that can lead to sanitary sewer overflows and increased odor in neighborhoods and near lift stations. Therefore, it is important to establish a household FOG program. The County plans to combat this sewer line stoppage problem caused by household grease by launching a consumer education program that can help eliminate grease stoppages in the sewer lines. This public program will be a massive marketing campaign to educate the public about proper disposal methods of household cooking grease (lard, butter, shortening, margarine, cooking sprays, etc). The basis of the program is consumer education, along with distribution of containers that can be used to store household grease. Implementation of this program will reduce the cost for treatment of incoming wastes to wastewater treatment facilities by reducing the amount of electricity and chemicals used to treat these wastes. 2.0 Project Scope The household Fats, Oils & Grease program will be aimed at approximately 40,000 County residents on the proper disposal of cooking grease. The campaign includes door-to-door education and pamphlet distribution, media advertisements, press releases, cable television interviews and informational spots, informational brochures, and individual and group meetings with neighborhood associations, civic groups and social groups. The principal goals of the program are: · To educate~the public about the effect of discarding fats, oils and grease into household sinks · To distribute metal cans for fat, oil and grease collection for use by households. 3.0 Work Breakdown Structure The first major portion of the program is the door-to-door education and pamphlet distribution phase. Grease cans, along with an educational pamphlet, a refrigerator magnet and a letter of explanation from the Wastewater Director, Joe Cheatham, will be hand delivered to about 1,000 County residences in the most problem-prone areas. The target areas for distribution in the North Service area are: · Audubon Exhibit "C" Agreement No. DG040613 Page2of5 i" AGF~NDA ITfM t,; MAR 0 9 20D4 15 · Naples Park · Victoria Park Lely Barefoot 'l'he target areas for distribution in the South Service area include: · Windstar · Naples Manor · Port of Prince · Estey Avenue An additional 9,000 customers 'will be targeted with a mailing campaign. The same materials will be distributed through the mail that will be delivered door-to-door. The second portion will involve media coverage of the program. During the education and distribution phase, cable television spots and radio spots will be aired, reinforcing the program by media education and logo "brand" identification of the program. In addition, a taped interview spot will also be aired with the Wastewater Director and his educational team. This will be run at regularly scheduled intervals during the education/distribution phase. Task 1. · · Door-to-Door Education and Pamphlet Distribution . Production of educational pamphlets Production of grease cans, labeled with the Collier County "Fats, Oils, Grease" program logo and Utility Department telephone numbers Production of refrigerator magnets Production of letter written by the Utility Manager H/ring and training or identification and training of employees to conduct the educational door to door phase Education/distribution Task 2. · · · Media Coveraee of the Program Production of cable television informational spots Production of radio informational spots Production of print ads Exhibit "C" Agreement No. DG040613 Page3of5 MAR 0 9 2004 Production of taped interviews featuring the Wastewater Director and his educational teams 4.0 Project Cost The Collier County Industrial Pretreatment Ordinance includes clarification to the General Discharge Prohibitions based on CFR 40 Part 403 USEPA Federal Pretreatment Program. A Fats, Oils and Grease household program will be implemented along with the Fats, Oils and Grease Industrial inspection and sampling program to further protect and reduce the operating costs of the Wastewater System. The cost of the project is estimated at $50,000. This estimate includes raw material costs and costs to produce media advertisements. The following table lists the cost associated with the distribution materials. I Total Item Quantity Cost Grease Cans 10,000 $13,800 Liners 20,000 $1,800 Decal Labels I 0,000 $1,700 Door Knob Bags 2,000 $500 Magnets 25,000 $2,700 Mailing Boxes 9,000 $1,800 Postage 9,000 $13,500 T-shirts 30 $400 Radio Advertising 189 spots $6,600 Newspaper Advt. 100 column inches $6,200 Other Printing $1,000 Total $50,000 5.0 Location of the project This program will target about 40,000 County residences in both the North and South Regional Service areas. A phase I distribution will occur at selected neighborhoods within each service area as previously described. Figure 1 presents the Collier County's North and South Regional Service Areas. Exhibit "C" Agreement No. DG040613 Page4of5 / MAR 0 9 N LEGEND '=-,'-,- I ", NORTH --:--STE R,V Exhibit "C" Agreement No. DG040613 Page5of5 Collier County ServTce Area and Treatrr EXHIBIT "D" SUMMARY SCHEDULE OF TASKS AND DELIVERABLES DG040613 A summary deliverable schedule associated with this project is set forth below. The schedule is based on a one year agreement. All deliverables submitted hereunder are subject to review by the District. Due dates for all deliverables are based on the number of weeks from the date of agreement execution, lhe Entity hereby agrees to provide the District all deliverables, data and information described in the Statement of Work in writing. · Payment shall be made following receipt and acceptance by the District of project deliverables in accordance with the schedule set forth below. Total payment by the District for all work completed herein shall not exceed the amount of $ 25,000.00. All payments are subject to District fiscal year appropriations. I Copies of purchase orders for advertising materials/printing based 4 weeks $ 25,000.00 On the application project description and changes if any made. Breakdown of where and how materials are to be distributed. 2 Quarterly report on program. 13 weeks Distribution schedules and compliance information with the Program if it is available. 3 Quarterly report on program. 26 weeks Distribution schedules and compliance information if available. 4 Quarterly report on program. 39 weeks Distribution schedules and compliance information if available. 5 Final report on program. Final schedules, whether the goals were met. compliance Information where available. 52 weeks Total $ 25,000.00 Exhibit "D" Agreement No. DG040613 Page lofl MAR 0 EXECUTIVE SUMMARY ACCEPT FOUR GRANT AGREEMENTS FROM THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT IN THE TOTAL AMOUNT OF $315,700. OBJECTIVE: To obtain acceptance of four (4) grant agreements from the South Florida Water Management District (SFWMD) Big Cypress Basin Program to assist in the funding of scheduled projects to be performed by the Public Utilities Division. CONSIDERATIONS: On November 7, 2003, the Collier County Public Utilities DMsion submitted grant applications for the following projects to the Big Cypress Basin under their Cooperative Water Resource Funding Program: 1. Title: North County Wastewater Service Area Inflow and Infiltration Study (Project 72502) - $80,000 Description: Conduct an inflow and infiltration study of the existing sanitary sewer system for the North County Wastewater Service Area, identify wastewater repairs, coordinate stormwater improvements and establish a public awareness program. 2. Title: 10 Year Water Supply Facility Work Plan (Project 70175) - $35,700 Description: The project is being completed to comply with new' State requirements for inclusion of water supply planning with the County's comprehensive plan. 3. Title: Carica Road Aquifer Storage and Recovery (ASR) Exploratory Well Program (Project 70897) - $100,000 Description: Permit and construct one (1) ASR well along Carica Road to enhance the existing water supply and to protect sensitive freshwater sources during the critical dry months. This ASR system will delay costly treatment facility expansions, tap into previously unused resources, and contribute toward the long-term reliability of the County's public water system. 4. Title: Manatee Road ASR System Expansion (Project 70157) - $100.000 Description: Expand Manatee Road ASR System by adding two (2) additional ASR wells with attendant piping and a 6 million gallon ground storage tank. Executive Summary March 9, 2004 Page 2 The Big Cypress Basin Board, at their meeting on December 4, 2003, recommended funding in the amount of $80,000 for Project Number 72502, $35,700 for Project Number 70175, and $100,000 each for Project Numbers 70897 and 70157. Staffis now in receipt of the contract agreements for each of these projects. The contracts are to be executed and returned to the SFWMD for final processing. The period of performance for each of these agreements is one (1) year from the start date set forth in the agreement. FISCAL IMPACT: Revenue in the amount of $315,700 will be realized upon completion of the work associated with these agreements. It is anticipated that this will occur during FY 05. The required additional funds for Project Number 72502 are currently appropriated in Fund 414, Wastewater User Fee, and the additional funds for Project Numbers 70897, 70157 and 70175 are currently appropriated in Fund 411, Water Impact Fee. The source of funds is Wastewater User and Water Impact fees. Funds for these projects are included in the FY 04 Capital Improvement Budget, adopted by the Board September 18, 2003. GROWTH MANAGEMENT IMPACT: Each of these projects are consistent with the 2002 Wastewater Master Plan Update adopted by the Board February 25, 2003, Item lO(A). RECOMMENDATIONS: That the Board of County Commissioners: Accept the following grant agreements from the South Florida Water Management District (a) Contract No. DG040621- North County Wastewater Service Area Inflow and Infiltration Study in the amount of $80,000. (b) Contract No. DG040612- 10 Year Supply Facility Work Plan in the amount of $35,700. (c) Contract No. DG040620- Carica Road Aquifer Storage and Recovery Exploratory Well Program in the amount of $100,000. (d) Contract No. DG040617- Manatee Road ASR System Expansion in the amount of $100,000. 2. Authorize the chairman to execute the agreements. SUBMITED BY: Alicia Abbott, Project Manager Public Utilities Engineering Department MAR 0 9 004 PG. ,~ ., Executive Summary March 9, 2004 Page 3 REVIEWED BY: William D. Mullin, P.E., Principal Project Manager Public Utilities Engineering Department Roy B. Anderson, P.E., Director Public Utilities Engi~/Department -~~~..~~ /--~ c'x /'~J j DATE Ja~es W. DeLony, P.q Administrator (~lie Utilities Divan ITEM SOUTH FLORIDA WATER MANAGEMENT DISTRICT 3301 Gun Club Road, West Palm Beach, Florida 33406 · (561) 686-8800 · FL WATS 1-800-432-2045 · TDD (561) 697-2574 Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416-4680 · www. sfwmd.gov ADM 28-06 February 5, 2004 Mr. James W. DeLony, P.E. Collier County Water-Sewer District 3301 East Tamiami Trail Bldg 'H' 3rd Floor Naples FL 34112 Subject: Contract No. DG040621 North County Waste Water Service Area Inflow and Infiltration Study Dear Mr. DeLony: Enclosed are two (2) copies of the subject contract. Please have them signed and dated by an individual with signature authority on behalf of your organization. Return both copies to my attention. A fully signed contract will be returned to you upon execution by the District. Kindly return the executed documents within ten (10) business days of receipt. Please include documentation to demonstrate official delegation of signature authority on behalf of your firm up to the contract monetary limits. Note that this contract is not binding on the parties until it is approved by the appropriate level of authority within the District and executed by both parties. Your cooperation and timely response will be greatly appreciated. Should there be any questions, please contact me at (561) 682-2536. Sincerely, Penelope Burger ' Associate Contract Specialist Procurement Department /jm Enclosure C: w/attachment Shabbir Ahmed, 7440 G 3VERNI.\;G BOARD Nicolas J. Gutibrrez, Jr., Esq., Chair Pamela Brooks-Thomas, Vtc,:-Ch,ur Irela M. Bagu~ Michael Collins Hugh M. English Lennart E. Lindahl, P.E. Kevin McCartv Harklev R. Thornton Trudi K. Williams, P.E. ORIGINAL Q SOUTH FLORIDA WATER MANAGEMENT DISTRICT AGREEMENT THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT (hereinafter referred to as DISTRICT) HEREBY ENTERS INTO THIS AGREEMENT WITH: Name: COLLIER COUNTY WATER SEWER DISTRICT Address: 3301 East Tamiami Trail Bldg. 'H', 3ra Floor Naples, FL 34112 Project Manager: lames W. DeLony, P.E. Telephone No: (239) 732-2540 Fax No: (239) 732- 2526 Hereinafter referred to as: ENTITY This number must appear on all Invoices and Correspondence DG040621 MBE PARTICIPATION: 0% PROJECT TITLE: NORTtl COUNTY WASTEWATER SERVICE AREA INFLOW AND INFILTRATION STUDY The following Exhibits are attached hereto and made a part of this AGREEMENT: Exhibit "A" - Special Provisions Exhibit "H" - Not Applicable Exhibit "B" - General Terms and Conditions Exhibit 'T' - Not Applicable Exhibit "C" - Statement of Work Exhibit "J" - Not Applicable Exhibit "D" - Payment and Deliverable Schedule Exhibit "K" - Not Applicable Exhibit"E" - Not Applicable Exhibit"L" - Not Applicable Exhibit ,F" - Not Applicable Exhibit "M" - Not Applicable Exhibit "G" - Not Applicable TOTAL AGREEMENT AMOUNT: $80,000.00 Multi-Year Funding (If Applicable) Fiscal Year: 2004 Fiscal Year: Fiscal Year: *Subject to District Governing Board Annual Budget Approval AGREEMENT TYPE: Fiscal Year: Fiscal Year: Fiscal Year: Firm Fixed Price AGREEMENT TERM: I YEAR EFFECTIVE DATE: Last Date of Execution by the Parties District Project Manager: Shabbir Ahmed Telephone No: (239) 597-1505 Fax No. (239) 597-4987 District Contract Administrator: Penelope Burger (561) 682-2536 Fax No.: (561) 682-6397 or (561) 681-6275 SUBMIT LNVOICES AND NOTICES TO THE DISTRICT AT: South Florida Water Management District 3301 Gun Club Road West Palm Beach. Florida 33406 Attention: Procurement Division SUBMIT NOTICES TO THE ENTITY AT: COLLIER COUNTY WATER-SEWER DISTRICT 3301 East Tamiami Trail Bldg. 'H', 3~ Floor Naples, Fl. 34112 Attention: James W. DeLony, P.E. IN WITNESS WHEREOF, the authorized representative hereby executes Conditions under which it is issued. COLLIER COUNTY pD By: Signature of Authorized Representative this AGREEMENT on this date, and accepts all Terms and SOUTH FLORIDA WATER MANAGEMENT DISTRICT Accepted By: Date: Frank Hayden, Procurement Director ISF, , D O_, E OF ^PPRO E / I B~2 // ,J~l./~~ , Date: MAR 0 9 2004 SOUTH FLORIDA WATER MANAGEMENT DISTRICT AGREEMENT EXHIBIT "A" SPECIAL PROVISIONS The purpose of this Exhibit "A" is to delineate any and all changes, deletions and/or additions to the Exhibit "B" General Terms & Conditions. In the event of any conflict between this Exhibit "A" and any other provision specified in this Agreement, this Exhibit "A" shall take precedence. ARTICLE 5 - Indenmification and insurance is hereby deleted in its entirety. SFWMD OFFICE OF COUNSEL APPROVED SF~ID PROCUREMENT APPROVED B y:X~x~_~? x.. Leis./~, .6~.., Date: Agreement No. DG040621 Exhibit "A" Special Provisions AG£ NO1 IT£M~ ~0 ..~.~~ MARp~o_.=e 9o~~, PG.~ ~ SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS ARTICLE 1 - STATEMENT OF WORK 1.1 The ENTITY shall, to the satisfaction of the DISTRICT, fully and timely perform all work items described in the "Statement of Work," attached hereto as Exhibit "C" and made a part of this AGREEMENT. by the DISTRICT pursuant to this AGREEMENT shall not exceed the amount as indicated on the cover/signature page of this AGREEMENT. Such amount includes all expenses which the ENTITY may incur and therefore no additional consideration shall be authorized. 1.2 As part of the services to be provided by the ENTITY under this AGREEMENT, the ENTITY shall substantiate, in whatever forum reasonably requested by the DISTRICT, the ,methodology, lab analytical examinations, scientific theories, data, reference materials, and research notes. The ENTITY shall also be required to substantiate any and all work completed, including but not limited to, work completed by subcontractors, assistants, models, concepts, analytical theories, computer programs and conclusions utilized as the basis for the final work product required by the AGREEMENT. This paragraph shall survive the expiration or termination of this AGREEMENT. 1.3 The parties agree that time is of the essence in the performance of each and every obligation under this AGREEMENT. 1.4 In the event ENTITY employees or hired workers are authorized by Exhibit "C" to perform services on-site at DISTRICT facilities, the ENTITY hereby a~ees to be bound by all applicable DISTRICT policies and standards of conduct listed in Attachment 1, "Contractor Policy Code Acknowledgement" to Exhibit "C" and shall require each individual performing such on-site work to execute the Attachment 1 form. It is the ENTITY's responsibility to advise its employees or hired workers of the nature of the project, as described in Exhibit "C". The ENTITY shall determine the method, details and means of performing the services, within the parameters established by Exhibit "C". The DISTRICT shall provide additional guidance and instructions to ENTITY's employees or hired workers ,~here necessary or appropriate as determined by the DISTRICT. ARTICLE 2 - COMPENSATION/ CONSIDERATION 2.1 The total consideration for all work required 2.2 The ENTITY assumes sole responsibility for all work which is performed pursuant to the Statement of Work, Exhibit "C". By providing funding hereunder, the DISTRICT does not make any warranty, guaranty, or any representation whatsoever regarding the correctness, accuracy, or reliability of any of the work performed hereunder. 2.3 The ENTITY by executing this AGREEMENT, certifies to truth-in-negotiation, specifically, that wage rates and other factual unit costs supporting the consideration are accurate, complete, and current at the time of contracting. The ENTITY agrees that the DISTRICT may adjust the consideration for this AGREEMENT to exclude any significant sums by which the consideration was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. The DISTRICT shall make any such adjustment within one (1) year following the expiration or termination of this AGREEMENT. ARTICLE 3 - INVOICING AND PROMPT PAYMENT 3.1 The ENTITY's invoices shall reference the DISTRICT's AGREEMENT Number and shall be sent to the DISTRICT's address specified on the cover/signature page of this AGREEMENT. The ENTITY shall not subrmt invoices to any other address at the DISTRICT. 3.2 The ENTITY shall submit the invoices on a completion of deliverable basis, pursuant to the schedule outlined in the Payment and Deliverable Schedule, attached hereto as Exhibit "D" and made a part of this AGREEMENT. In the event the schedule does not specify payment on a completion of deliverable basis, all invoices shall be substantiated by adequate supporting documentation to justify hours expended and expenses incurred within the not- to-exceed budget, including but not limited to, copies Page 1 of 9, Exhibit Contract File:\entity. c ~i~~-~.- MAR 0 9 2004 SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS of approved timesheets, payment vouchers, expense reports(including approved travel costs, if applicable), receipts and subcontractor invoices. Any authorized travel shall be reimbursed in accordance with Chapter 112, Florida Statutes. 3.3 It is the policy of the DISTRICT that payment for all goods and services shall be made in a timely manner and that interest payments are made on late payments. In accordance with Florida Statutes, Section 218.70, Florida Prompt .Payment Act, a "proper" invoice is defined as an invoice that conforms to ali statutory requirements and all DISTRICT requirements as specified in the AGREEMENT for invoice submission. The time at which payment shall be due from the DISTRICT shall be forty-five (45) days from receipt of a proper invoice and acceptance of services ;ind./or deliverables, based on compliance with the statutory requirements set forth in Section 218.70, F.S. and upon satisfaction of the DISTRICT conditions as detailed in the AGREEMENT. Failure of the ENTITY to follow the instructions set forth in the AGREEMENT regarding a proper invoice and acceptable services and'or deliverables may result in an unavoidable delay in, payment by the DISTRICT. All payments due from the DISTRICT for a proper invoice and acceptable services and/or deliverables and not made within the time specified in this section shall bear interest from thirty (30) days after the due date at the rate of one percent (1%) per month on the unpaid balance. The ENTITY shall invoice the DISTRICT for payment of any accrued unpaid interest. Any disputes regarding invoice payments which cannot be resolved by the appropriate department of the DISTRICT shall be concluded by final written decision of the DISTRICT Leadership Team not later than sixty (60) days after the date on which the proper invoice was received by the DISTRICT. 3.4 Unless otherwise stated herein, the DISTRICT shall not pay for any obligation or expenditure made by the ENTITY prior to the commencement date of this AGREEMENT. ARTICLE 4 - PROJECT MANAGEMENT/ NOTICE 4.1 The parties shall direct all technical matters arising in connection with the performance of this AGREEMENT, other than invoices and notices, to the attention of the respective Project Managers specified on the cover/signature page of the AGREEMENT for attempted resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this AGREEMENT. The ENTITY shall direct all administrative matters, including invoices and notices, to the attention of the DISTRICT's Contract Specialist specified on the cover/signature page of the AGREEMENT. All formal notices between the parties under this AGREEMENT shall be in writing and shall be deemed received if sent by certified mail, return receipt requested, to the respective addresses specified on the cover/signature page of the AGREEMENT. The ENTITY shall also provide a copy of all notices to the DISTRICT's Project Manager. Ail notices required by this AGREEMENT shall be considered delivered upon receipt. Should either party change its address, written notice of such new address shall promptly be sent to the other party. All correspondence to the DISTRICT under this AGREEMENT shall reference the DISTRICT's Contract Number specified on the cover/signature page of the AGREEMENT. ARTICLE 5 - INDEMNIFICATION & INSURANCE 5.1 For value received, which is hereby acknowledged, the ENTITY shall defend, indemnify, save, and hold the DISTRICT, its officers, directors, board members, agents, assigns, and employees harmless from liabilities, damages, losses and costs, including, but not limited to reasonable attorneys' fees, to the extent caused by the negligence, recklessness or intentionally wrongful conduct of the ENTITY and other persons employed or utilized by the ENTITY in the performance of the AGREEMENT. The DISTRICT shall have the right to approve counsel selected by the ENTITY to defend the DISTRICT in Page 2 of 9. Exhibit "B" Contract File:\entity'dlcpG.~~~A[~ 0 9 200~ SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS the event the DISTRICT is named in any legal action. The ENTITY further acknowledges that it is solely responsible for ensuring its compliance and the compliance of its subcontractors, suppliers, agents, assigns, invitees and employees with the terms of this AGREEMENT. This paragraph shall survive the expiration or termination of this AGREEMENT. 5.2 The ENTITY shall procure and maintain, through the term of this AGREEMENT, insurance coverage reflecting, at a minimum, the limits and coverage conditions identified on the DISTRICT's Insurance Requirements, attached as Exhibit "H" and made a pan of this AGREEMENT. The coverage required shall extend to all employees and subcon~'actors of the ENTITY. Prior to the execution of this AGREEMENT, the ENTITY shall provide a Certificate of Insurance for such coverage to the DISTRICT for approval, indicating the producer, insured, carrier's name, and BEST rating, policy numbers and effective and expiration dates of each type of coverage required. The Certificate of Insurance shall be signed by the insurance carrier's authorized representative and shall identify the DISTRICT as added insured as required. 5.3 All insurers must be qualified to lawfully conduct business in the State of Florida. Failure of the DISTRICT to notify the ENTITY that the certificate of insurance does not meet the AGREEMENT requirements shall not constitute a waiver of the ENTITY's responsibility to meet the stated requirement. In addition, receipt and acceptance of the certificate of insurance by the DISTRICT shall not relieve the ENTITY from responsibility for adhering to the insurance limits and conditions of insurance required within this AGREEMENT. Misrepresentation of any material fact, whether interitional or not, regarding the ENTITY's insurance coverage, policies or capabilities, may be grounds for termination of the AGREEMENT as determined solely by the DISTRICT ARTICLE 6 - TERMINATION/REMEDIES {5.1 It is the policy of the DISTRICT to encourage good business practices by requiring contractors to materially perform in accordance with the terms and conditions of the DISTRICT AGREEMENT. In accordance with DISTRICT Rule 40E-7, Part II, F.A.C., "material breach" is defined as any substantial, unexcused non- performance by failing to perform an act that is an important part of the transaction or performing an act inconsistent with the terms and conditions of the AGREEMENT. If the ENTITY materially fails to fulfill its obligations under this AGREEMENT, the DISTRICT will provide written notice of the deficiency by forwarding a Cure Notice citing the specific nature of the material breach. The ENTITY shall have thirty (30) days to cure the breach. If the ENTITY fails to cure the breach within the thirty (30) day period, the DISTRICT shall issue a Termination for Default Notice. Once the DISTRICT has notified the ENTITY that it has materially breached its AGREEMENT with the DISTRICT, by sending a Termination for Default Notice, the DISTRICT's Governing Board shall determine whether the ENTITY should be suspended from doing future work with the DISTRICT, and if so, for what period of time. The DISTRICT's Governing Board will consider the factors detailed in Rule 40E- 7, Part II, F.A.C. in making a determination as to whether a ENTITY should be suspended, and if so, for what period of time. Should the DISTRICT terminate for default in accordance with this provision, the DISTRICT shall be entitled to recover reprocurement costs in addition to all other remedies under law and/or equity. 6.2 The DISTRICT may terminate this AGREEMENT with or without cause at any time for convenience upon thirty (30) calendar days prior written notice to the ENTITY. The performance of work under this AGREEMENT may be terminated by the DISTRICT in accordance with this clause in whole, or from time to time in pan, whenever the DISTRICT shall determine that such termination is in the best interest of the DISTRICT. Any such termination shall be effected by delivery to the ENTITY of a Notice of Termination specifying the extent to which performance of work under the AGREEMENT is terminated, and the date upon which Page 3 of 9. Exhibit "B" SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS such termination becomes effective. In the event of termination for convenience, the DISTRICT shall compensate the ENTITY for all authorized and accepted deliverables completed through the date of termination in accordance with Exhibit "C", Statement of Work. The DISTRICT shall be relieved of any and all future obligations hereunder, including but not limited to lost profits and consequential damages, under this AGREEMENT. The DISTRICT may withhold all, payments to the ENTITY for such work until such time as the DISTRICT determines the exact amount due to the ENTITY. 6.3 In the event a dispute arises which the project managers cannot resolve between themselves, the parties shall have the option to submit to non-binding mediation. The mediator or mediators shall be impartial, shall be selected by the parties, and the cost of the mediation shall be borne equally by the parties. The mediation process shall be confidential to the extent permitted by law. 6.4 The DISTRICT may order that all or part of the work stop if circumstances dictate that this action is in the DISTRICT's best interest. Such circumstances may include, but are not limited to, unexpected technical developments, direction given by the DISTRICT's Governing Board, a condition of immediate danger to DISTRICT employees, or the possibility of damage to equipment or property. This provision shall not shift responsibility for loss or damage, including but not limited to, lost profits or consequential damages sustained as a result of such delay, from the ENTITY to the DISTRICT. If this provision is invoked, the DISTRICT shall notify the ENTITY in writing to stop work as of a certain date and specify, the reasons for the action, which shall not be arbitrary or capricious. The ENTITY shall then be obligated to suspend all work efforts as of the effective date of the notice and until further written direction from the DISTRICT is received. Upon resumption of work, if deemed appropriate by the DISTRICT, the DISTRICT shall initiate an amendment to this AGREEMENT to reflect any changes to Exhibit "C", Statement of Work and/or the project schedule. 6.5 The DISTRICT anticipates a total project cost as indicated on the cover/signature page, with the balance of matching funds and'or in-kind services to be obtained from the ENTITY in the amount as specified on the cover/signature page of this AGREEMENT. In the event such ENTITY matching funding and/or in-kind services becomes unavailable, that shall be good and sufficient cause for the DISTRICT to terminate the AGREEMENT pursuant to Paragraph 6.2 above. ARTICLE 7 - RECORDS RETENTION/ OWNERSHIP 7.1 The ENTITY shall maintain records and the DISTRICT shall have inspection and audit rights as follows: A. Maintenance of Records: The ENTITY shall maintain all financial and non-financial records and reports directly or indirectly related to the negotiation or performance of this AGREEMENT including supporting documentation for any service rates, expenses, research or repons. Such records shall be maintained and made available for inspection for a period of five years from completing performance and receiving final payment under this AGREEMENT. B. Exam/nation of Records: The DISTRICT or its designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this AGREEMENT. Such examination may be made only within five years from the date of final payment under this AGREEMENT and upon reasonable notice, time and place. C. Extended Availability of Records for Legal Disputes: In the event that the DISTRICT should become involved in a legal dispute with a third party arising from performance under this AGREEMENT, the ENTITY shall extend the period of- maintenance for all records relating to the AGREEMENT until the final disposition of the legal dispute, and all such records shall be made readily available to the DISTRICT. 7.2 The DISTRICT shall retain exclusive title, cc~pyright and other proprietary rights in all work items, including but not limited to. all documents, technical Page 4 of 9, Exhibit "B" SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERblS AND CONDITIONS repons, research notes, scientific data, computer programs, including the source and object code, which are developed, created or otherwise originated hereunder by the ENTITY, its subcontractor(s), assign(s), agent(s) and/or successor(s) as required by the Exhibit "C", Statement of Work (the "Work"). In consideration for the DISTRICT entering into this AGREEMENT, and other good and valuable consideration the sufficiency and receipt in full of which is hereby acknowledged by the ENTITY, the ENTITY hereby assigns, transfers, sells and otherwise grants to the DISTRICT 'any and all rights it now has or may have in the Work (the "Grant"). This Grant shall be self-operative upon execution by the parties hereto, however the ENTITY agrees to execute and deliver to the DISTRICT any further assignments or other instruments necessary to evidence the Grant, without the payment of any additional consideration by the DISTRICT. The ENTITY may not disclose, use, license or sell any work developed, created, or otherwise originated hereunder to any third party whatsoever. This paragraph shall survive the termination or expiration of this AGREEMENT. 7.3 The ENTITY represents and warrants that proprietary software, if any, to be provided to the DISTRICT by the ENTITY hereunder, as specifically identified in Exhibit "C", Statement of Work shall have been developed solely by or for the ENTITY, or lawfully acquired under license from a third party, including the right to sublicense such software. The ENTITY shall include copyright or proprietary legends in the software and on the label of the medium used to transmit the software. The ENTITY shall grant to the DISTRICT a perpetual, non-transferable, non-exclusive right to use the identified software without an additional fee. The DISTRICT acknowledges that title to the software identified in Exhibit "C" shall remain with the Licensor. 7.4 Any equipment purchased by the ENTITY with DISTRICT funding under this AGREEMENT shall be returned and title transferred from the ENTITY to the DISTRICT immediately upon termination or expiration of this AGREEMENT upon the written request of the DISTRICT not less than thirty (30) days prior to AGREEMENT expiration or termination. Equipment is hereby defined as any non-consumable items purchased by the DISTRICT with a value equal to or greater than $500.00 and With a normal expected life of one (1) year or more. The ENTITY will maintain any such equipment in good working condition while in its possession and will return the equipment to the DISTRICT in good condition, less normal wear and tear. The ENTITY will use its best efforts to safeguard the equipment throughout the period of performance of this AGREEMENT. However the DISTRICT will not hold the ENTITY liable for loss or damage due to causes beyond the ENTITY's reasonable control. In the event of loss or damage, the ENTITY shall notify the DISTRICT in writing within five (5) working days of such occurrence. 7.5 The DISTRICT has acquired the right to use certain software under license from third parties. For purposes of this AGREEMENT, the DISTRICT may permit the ENTITY access to certain third party owned software on DISTRICT computer systems. The ENTITY acknowledges the proprietary nature of such software and agrees not to reproduce, distribute or disclose such software to any third party. Use of or access to such software shall be restricted to designated DISTRICT owned systems or equipment. Removal of any copy of licensed software is prohibited. ARTICLE 8 - STANDARDS OF COMPLIANCE 8.1 The ENTITY, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this AGREEMENT. The DISTRICT undertakes no dut3' to ensure such compliance, but will attempt to advise the ENTITY, upon request, as to any such laws of which it has present knowledge. 8.2 The ENTITY hereby assures that no person shall be discriminated against on the grounds of race, color, creed, national origin, handicap, age, or sex, in any activity under this AGREEMENT. The ENTITY shall take all measures necessary to effectuate these assurances. 8.3 The laws of the State of Florida shall govern all Page 5 of 9. Exhibit "B" Contract File:\entity.doc SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT GENERAL TERMS AND CONDITIONS aspects of this AGREEMENT. In the event it is necessary for either party to initiate legal action regardi'ng this AGREEMENT, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims which are justiciable in federal court. 8.4 The ENTITY, by its execution of this AGREEMENT, acknowledges and attests that neither it, nor any of its suppliers, subcontractors, or consultants who shall perform work.which is intended to benefit the DISTRICT is a convicted vendor or has been placed on the discriminatory vendor list. If the ENTITY or any affiliate of the ENTITY has been convicted of a public entity crime or has been placed on the discriminatory vendor list, a period longer than 36 months has passed since that person was placed on the convicted vendor or discriminatory vendor list. The ENTITY further understands and accepts that this AGREEMENT shall be either void by the DISTRICT or subject to immediate termination by the DISTRICT, in the event there is any misrepresentation or lack of compliance with the mandates of Section 287.133 or Section 287.134, respectively, Florida Statutes. The DISTRICT, in the event of such termination, shall not incur any liability to the ENTITY for any work or materials furnished. 8.5 The ENTITY shall be responsible and liable for the payment of all of its FICA/Social Security and other applicable taxes resulting from this AGREEMENT. 8.6 The ENTITY warrants that it has not employed or retained any person, other than a bona fide employee working solely for the ENTITY, to solicit or secure this AGREEMENT. Further the ENTITY warrants that is has not paid or agreed to pay any person, other than a bona fide employee working solely for the ENTITY, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the awarding or making of this AGREEMENT. For breach of this provision, the DISTRICT may terminate this AGREEMENT without liability and, at its discretion, deduct or otherwise recover the full amount of such fee, comrmssion, percentage, gift, or other consideration. 8.7 The ENTITY shall allow public access to all project documents and materials in accordance with the provisions of Chapter t 19, Florida Statutes. Should the ENTITY assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the ENTITY. 8.7.1 Pursuant to Sections 119.07(3)(o), and 240.241 Florida Statutes, data processing software obtained by an agency under a license agreement which prohibits its disclosure and which software is a trade secret, as defined in Sections 812.081(c), Florida Statutes is exempt from the disclosure provisions of the Public Records law. However, the parties hereto agree that if a request is made of the DISTRICT, pursuant to Chapter 119, Florida Statute, for public disclosure of proprietary property being licensed to the ENTITY (Licensee) hereunder, the DISTRICT shall advise the ENTITY (Licensee) of such request and, as between the DISTRICT and the ENTITY (Licensee), it shall be the ENTITY's (Licensee's) sole burden and responsibility to immediately seek and obtain such injunctive or other relief from the Courts and to immediately serve notice of the same upon the Licensor to protect the Licensor's claimed exemption under the Statute. 8.8 The ENTITY shall make reasonable efforts to obtain any necessary federal, state, local, and other governmental approvals, as well as all necessary private authorizations and permits, prior to the commencement of performance of this ,AGREEMENT. A delay in obtaining permits shall not give rise to a claim by the ENTITY for additional compensation. If the ENTITY is unable to obtain all necessary permits in a timely manner, either party may elect to terminate this AGREEMENT, each party to bear its own costs, notwithstanding other provisions of this AGREEMENT to the contrary. 8.9 Pursuant to Section 21~.347, ES., the ENTITY is prohibited from the expenditure of any funds under this AGREEMENT to lobby the Legislature, the judicial branch or another state agency. 8.10 The DISTRICT is a governmental entity responsible for performing a public service and therefore has a legitimate interest in promoting the Page 6 of 9, Exhibit "B" SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS goals and objectives of the agency. The work under this AGREEMENT involves a project consistent with these goals and objectives. Consequently, the DISTRICT is desirous of satisfactorily completing and successfully promoting this project with the cooperation of its ENTITY. Therefore, as the DISTRICT'S ENTITY for this project, the ENTITY assures the DISTRICT that the ENTITY, its employees, subcontractors and assigns will refrain from acting adverse to the DISTRICT'S legitimate interest in promoting the goals and' objectives of this project. The ENTITY agrees to take all reasonable measures necessary to effectuate these assurances. In the event the ENTITY determines it is unable to meet or promote the goals and objectives of the project, it shall have the duty to immediately notify the DISTRICT. Upon such notification the DISTRICT, in its discretion, may terminate this AGREEMENT. ARTICLE 9 - RELATIONSHIP BETWEEN THE PARTIES 9.1 The ENTITY shall be considered an independent contractor and neither party shall be considered an employee or agent of the other party. Nothing in this AGREEMENT shall be interpreted to establish any relationship other than that of independent contractor between the parties and their respective employees, agents, subcontractors, or assigns during or after the performance on this AGREEMENT. Both parties are free to enter into contracts with other parties for similar services. 9.2 In the event that the ENTITY is providing staff who will be working on-site at DISTRICT facilities, it is further understood that the ENTITY shall be the employer of the staff provided pursuant to the AGREEMENT for all purposes under state and federal law and that the ENTITY's staff shall not be eligible for any benefit programs the DISTRICT offers to its employees. All benefits available to the ENTITY's staff shall be exclusively provided by the ENTITY or by the ENTITY's employee. The ENTITY is solely responsible for compliance with all labor and tax laws pertaining to officers, agents and ENTITY employees and shall indemnify and hold the DISTRICT harmless from any failure by the ENTITY to comply with such laws. The ENTITY's duties with respect to such personnel shall include, but are not limited to, the following: 9.2.1 Billing, collection, payroll services and tax withholding, and any other related services 9.2.2 Providing insurance coverage pursuant to Article 5 of this AGREEMENT. 9.2.3 Providing any and all employment benefits, including, but not limited to, annual leave, sick leave, paid holidays, health insurance, retirement benefits and disability insurance. 9.2.4 Complying with the Fair Labor Standards Act, 29 U.S.C. 201, et.seq., including payment of overtime in accordance with the Act. 9.2.5 Providing employee training for all activities necessary for job performance, except those functions that are unique to the DISTRICT, in which event, the DISTRICT, in its sole judgment and discretion, may provide training. 9.3 It is the intent and understanding of the Parties that this AGREEMENT is solely for the benefit of the ENTITY and the DISTRICT. No person or entity other than the ENTITY or the DISTRICT shall have any rights or privileges under this AGREEMENT in any capacity whatsoever, either as third-party beneficiary or otherwise. 9.4 The ENTITY shall not assign, delegate, or otherwise transfer its rights and obligations as set forth in this AGREEMENT without the prior written consent of the DISTRICT. Any attempted assignment in violation of this provision shall be void. 9.5 The ENTITY shall not pledge the DISTRICT's credit or make the DISTRICT a guarantor of payment or surety for any contract, debt, obligation, judgement, lien, or any form of indebtedness. 9.6 The DISTRICT assumes no duty with regard to the supervision of the ENTITY and the ENTITY shall remain solely responsible for compliance with all safety requirements and for the safety of all persons and property at the site of contract performance. Page 7 of 9, Exhibit "B" Contract File:\entity.doc SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS ARTICLE 10 - MBE PARTICIPATION 10.1 The ENTITY hereby acknowledges that no Minority Business Enterprises (MBE) participation level has been established for this AGREEMENT; however, both parties agree to provide the other advance notice of competitive contracts that may result from this AGREEMENT along with timelines for public notice and award of such contracts. In the event subsequent competitive contract awards do resuli in MBE participation, such participation shall be reported to the other party. Both the ENTITY and the DISTRICT ,&'ill ensure compliance with the provisions of their respective program, laws, ordinances and policies and will support the other's initiatives to the extent allowed by law. ARTICLE 11 - GENERAL PROVISIONS 11.1 Notwithstanding any provisions of this AGREEMENT to the contrary, the parties shall not be held liable for any failure or delay in the performance of this AGREEMENT that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of Government, riots, civil commotion, force majeure, act of God, or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the parties. Failure to perform shall be excused during the continuance of such circumstances, but this AGREEMENT shall otherwise remain in effect. This provision shall not apply if the "Statement of Work" of this AGREEMENT specifies that performance by ENTITY is specifically required during the occurrence of any of the events herein mentioned. 11.2 Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the following order: (a) Exhibit "A" Special Provisions, if applicable (b) Exhibit "B" General Terms and Conditions (c) Exhibit "C" Statement of Work (d) all other exhibits, attachments and documents specifically incorporated herein by reference 11.3 Failures or waivers to insist on strict performance of any covenant, condition, or provision of this AGREEMENT by the parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other party from performing any subsequent obligations strictly in accordance with the terms of this AGREEMENT. No waiver shall be effective unless in writing and signed by the party against whom enforcement is sought. Such waiver shall be limited to provisions of this AGREEMENT specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 11.4 Should any term or provision of this AGREEMENT be held, to any extent, invalid or unenforceable, as against any person, entity or c/rcumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this AGREEMENT, to the extent that the AGREEMENT shall remain operable, enforceable and in full force and effect to the extent permitted by law. 11.5 This AGREEMENT may be amended only with the written approval of the parties hereto. 11.6 This AGREEMENT states the entire under- standing and agreement between the parties and supersedes any and all written or oral representations, statements, negotiations, or agreements previously existing between the parties with respect to the subject matter of this AGREEMENT. The ENTITY recognizes that any representations, statements or negotiations made by DISTRICT staff do not suffice to legally bind the DISTRICT in a contractual relationship unless they have been reduced to writing and signed by an authorized DISTRICT representative. This AGREEMENT shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. ARTICLE 12 - SAFETY REQUIREMENTS 12.1 The ENTITY shall require appropriate personal protective equipment in all operations ;vhere there is exposure to hazardous conditions. Page 8 of 9, Exhibit "B" Contract File:\entity.0oc SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS 12.2 The ENTITY shall instruct employees required to handle or use toxic materials or other harmful substances regarding their safe handling and use, including instruction on the potential hazards, personal hygiene and required personal protective measures. A Material Safety Data Sheet (MSDS) shall be provided by the ENTITY to the DISTRICT on each chemical product used. 12.3 The ENTITY shall comply with the standards and regulations set forth by the Occupational Safety and Health Administration (OSHA), the Florida Department of Labor and Employment Security and all other appropriate federal, state, local or DISTRICT safety and health standards. 12.4 It is the ENTITY'S sole duty to provide safe and healthful working conditions to its employees and those of the DISTRICT on and about the site of AGREEMENT performance. 12.5 The ENTITY shall initiate and maintain an accident prevention program which shall include, but shall not be limited to, establishing and supervising programs for the education and training of employees in the recognition, avoidance, and prevention of unsafe conditions and acts. 12.6 The ENTITY shall erect and maintain, as required by existing conditions and performance of the AGREEMENT, reasonable safeguards for safety and protection, including posting of danger signs and other warnings, against hazards. 12.7 The ENTITY shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury, or loss to: 12.7.t employees on the work and other persons who may be affected thereby; including pedestrians, visitors,'or traveling public; 12.7.2 the work, materials, and equipment to be incorporated therein; whether in storage on or off the site, under care, custody or control of the ENTITY, or the ENTITY's subcontractors; and and equipment not designated for removal, relocation or replacement in the course of work. 12.8 The ENTITY shall provide first aid services and medical care to its employees. 12.9 The ENTITY shall develop and maintain an effective fire protection and prevention procedures and good housekeeping practices on the work site throughout the AGREEMENT. 12.10 Emergencies: In emergency affecting safety of persons or property on or about the site or as a result of the work; the ENTITY shall act, timely and with due diligence, to prevent threatened damage, injury, or loss. 12.11 Environmental: When the ENTITY, ENTITY's contractors, or subcontractors, use petroleum products, hazardous chemicals, or any other chemicals used on or about the site, the ENTITY shall be responsible for handling these chemical constituents in accordance with federal, state and local regulations during the terms of the AGREEMENT. For accidental discharges or releases onto the floor, air, ground, surface waters, ground waters, it shall be the ENTITY's sole responsibility to respond immediately to clean the site, at his expense, to the complete satisfaction of federal, state, local regulatory agencies and to the DISTRICT requirements. 12.12 The DISTRICT may order the ENTITY to halt operations under the AGREEMENT, at the ENTITY's expense, if a condition of immediate danger to the public and/or DISTRICT employees, equipment, or property exist. This provision shall not shift the responsibility or risk of loss for injuries or damage sustained from the ENTITY to the DISTRICT; and the ENTITY shall remain solely responsible for compliance with all federal, state and local safety requirements, provisions of this section, and safety of all persons and property on or about the site. 12.7.3 other properties at the site or adjacent thereto; such as trees, shrubs, lawns, walks, utilities, pavement, roadways, structures, building, vehicles, Page 9 of 9, Exhibit "B" EXHIBIT "C" STATEMENT OF WORK Statement of Work for North County Waste,,,,ater Service .Area In!-'Iow and Infiltration Study 1.0 Introduction The North County Wastewater Service Area includes several older developments in Iow-lying areas. During periods of wet weather, the wastewater system experiences overflows at wastewater pumping stations and flows to the treatment plant increase dramatically. The project includes two components during the next twelve months. One component is the wastewater inflow and infiltration (UI) study and the second component is the stormwater improvement study. Implementation of improvements will start after completion of the study and is not included in the Statement of Work for the nex, t twelve months. Tine goals of this study are to: · Identify wastewater system improvements to eliminate wastewater overflows in the North Service Area during wet weather events and reduce stormwater and groundwater flows to the wastewater treatment plants; · Identify stormwater improvements to minimize local flooding in the North Service Area; and · Establish a public awareness program to explain the importance Of reducing stormwater inflows to the wastewater system. This project will identify improvements to significantly reduce flows to the wastewater treatment plants, thus potentially postponing the need for costly plant expansions. This project will also assist in development of sto~Tnwater system improvements that will reduce localized flooding. This project was identified in the 2002 Wastewater Master Plan Update, which was adopted by the Board of County Commissioners (BCC) on February 25, 2003. Funding for the project is included. in the County's FY 2004 budget, which has also been approved by the BCC. 2.0 Project Scope The project includes the following: · Review of existing data relating to the north wastewater collection system; Coordination with the Stormwater Section of the Transportation Engineering and Construction Management Department of the Transportation Division (Stormwater Section); · Procurement of testing contractors; Determination of additional data gathering and testing required for identification of system deficiencies or areas of excessive inflow and/or infiltration; · Public education; · Identification ofstormwater collection improvements; · Data collection and field testing by testing contractor(s); and · Preparation of a summary of data collected and recommended repairs. Exhibit "C" Agreement No. DG040621 Page lo~'5 MAR 0 9 OOA The output for these services will be a report to the County detailing the data collected, field testing results, deficiencies identified, recommended repairs and implementation schedules. A des:.'rsption of the tasks is presented below. 3.0 Work BreakdmYn Structure Task 1. Gather and Review Existin~ Data Gather and review available basic data relating to the north wastewater collection system, including the following: · Electronic files of wastewater collection system and storm sewer system for the portion of the systems owned by Collier County, including available GIS information; · Available plans of.privately owned systems that connect to the Collier County system; · Existing data relating to wastewater flow measurements, pumping station run times, rainfall data, seasonal population by service area, and aerial mapping; · Review selected information that has been obtained by Collier County Wastewater Collections Department, including TV inspections, testing reports, sewer repair records, smoke testing records, manhole inspection reports and related available information; and · Obtain available information on localized flood data from the Stormwater Section. Task Develop Data Collection Approach Based on review of existing data, identify additional data collection and testing requirements and procedures. Prioritize, in coordination with the Wastewater Collections Department, the locations where additional data gathering and testing is required. Perform windshield field review of study area. Develop data gathering and testing procedures for high-priority locations that may include the following: 1. Wet/dry weather flow measurements/monitoring 2. Smoke testing of sewers 3. Dye water tracing 4. Manhole inspections 5. TV inspections Develop and prioritize procedures for wet weather event data collection, which may include the following: 1. Flow measurement at selected manholes and pumping stations 2. Rainfall data collection 3. Identification of localized flooding Procure contractors to perform I/I testing services. Bidding documents for contractor FI testing services ,,,,'ill be advertised and received by the County Purchasing Department. Exhibit "C" Agreement No. DG040621 Page 2of5 Task 3. Coordinate v.'id~ Stormwater Section Collect and review cu,went planned stormwater improvements within the Project area. ,, .Assist Count), Stormwater Section in development and review of stormwater options. · Attend meetings with Count,',,' Ston'nwater Section to coordinate b'I study procedures, obtaining new data and evaluation of data. Task 4. Collect New Data Execute data collection approach developed in Task 2. Contact owners of private systems to allow entry and schedule for inspections and testing. Perform field inspections and assist in data collection. Summarize collected data in Excel spreadsheet format. Spreadsheet data shall include system deficiencies by location and information related to recommended repairs, including repair type and repair schedule. All testing ,,rill be performed by contractors currently retained by the County. Task 5. Prepare Summary Report Prepare draft report to document field-testing results, including locations tested, types of tests performed, test results, and deficiencies noted. Report shall include photographic documentation of deficiencies and repairs. Recommendations shall be presented based on cost-effectiveness. Submit ten copies of the draft report to County for review. Prepare final report. Meet with County to discuss draft report comments. Submit ten copies of final report to County. Task 6. Public Awareness Program There will be interface with the public during the field-testing pro=re'am. In advance of testing, the public will be made aware of the testing program. Meetings will be held with homeowners associations and doorknockers will be provided in the areas to be tested. A brochure will be prepared to send with the wastewater bill to the customers explaining the I/I program and demonstrating the importance of reducing inflow and infiltration, including the additional costs to pump and treat stormwater at the wastewater plants. The brochure will include potential proposed storrnwater system improvements and discourage residents from opening cleanouts and manholes to drain locally flooded areas. This brochure will be added to the County's website. 4.0 Project Cost The project cost identified in the FY 04 budget for this study is $320,000. Exhibit "C" Agreement No. DG040621 Page 3of5 MAR p, 9 2OO J 5.0 Location of the project The general location where the study will be performed is shown on Figure i. Specific locations within the study area will be prioritized based on local flooding problems and locations of wastevvater spills associated v,,ith wet weather. Exhibit "C" Agreement No. 0G040621 Page 4of5 AG£NDA iT£M~ MAR MASTER PUMP STAT;ON 1.02 u~,DER CONSTRuCTiON N S LEGE,¥D City OF NAPLES SER'~CE A~EA GOLDEN GATE CIT¥ SERVICE A~EA TRANSMISSION MAIN UNDER ~ESIGN WATER REC~AMATiON FACILIT~ PELICAN BAY WATER RfCLAMAT~ON FACiL TY PACKAGE TREATMENT PLANT NORTH REGIONAL SERVICE AREA-~ / 30' (c.~. e.*~) · ;2 (r..~. ~) 13 ~5 :.2 ~5 ?e(,eY (c.~. mae t Source: ColJJer Coan~ Crowlh .;tJnagement Plan, PubUc FectUties Element, Sanlttry Sewer Sub,*memeut, Septe-,her 1995 North Regional Service Area - Exhibit "C" Agreement No. DG040621 Page 5of5 ] ~ ~tGENOA [TE~ EXHIBIT "D" SUMMARY SCHEDULE OF TASKS AND DELIVERABLES · A summary deliverable schedule associated with this project is set forth below. The schedule is based on a one )ear agreement. All deliverables submitted hereunder are subject to review by the District. Due dates for all deliverables are based on the number of weeks from the date of agreement execution. The Entity hereby agrees to provide the District all deliverables, data and information described in the Statement of Work in both written and electronic four-digit format. Payment shall be made following receipt and acceptance by the District of project deliverables in accordance with the schedule set forth below. Total payment by the District for all work completed herein shall not exceed the amount of $ 80,000.00. All payments are subject to District fiscal year appropriations. TaskNo. Deliverables . , DueDate ~ Payment ~ i I Final Report Summary 52 weeks $ 80,000.00 Iotal i $ 80,000.00 Exhibit "D" Agreement No. DG040621 Pagelofl AG£N A IT~I~ NO. /~,~__.. MAR 0 9 2bo , SOUTH FLORIDA WATER MANAGEMENT DISTRICT 3301 Gun Club Road, West Palm Beach, Florida 33406 · (561) 686-8800 · FL WATS 1-800-432-2045 · TDD (561) 697-2574 Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416-4680 · www. sfwmd.gov ADM 28-06 February 3, 2004 Mr. James W. DeLony, P.E. Collier County Water-Sewer District 3301 East Tamiami Trail Bldg. 'H' 3rd Floor Naples FI 34112 Subject: Contract No. DG040620 CARICA Road Aquifer storage and Recovery Exploratory Well Program Dear Mr. DeLony: Enclosed are two (2) copies of the subject contract. Please have them signed and dated by an individual with signature authority on behalf of your organization. Return both copies to my attention. A fully signed contract will be returned to you upon execution by the District. Kindly return the executed documents within ten (10) business days of receipt. Please include documentation to demonstrate official delegation of signature authority on behalf of your firm up to the contract monetary limits. Note that this contract is not binding on the parties until it is approved by the appropriate level of authority within the District and executed by both parties. Your cooperation and timely response will be greatly appreciated. Should there b'e any questions, please contact me at (561) 682-2536. Sincerely, Penelope 1Burger Associate Contract Specialist Procurement Department /jm Enclosure C: w/attachment Ananta Nath, 7440 GO1.'ER,',:I,',;G BOARD Nicolas J. Guti~rrez, Jr., Esq., Chair Pamela Brooks-Thomas, Vicc-Chatr Irela M. Bagu6 Michael Collins Hugh M. English Lennart E. Lindahl, P.E. Kevin Harklev R. Thornton Trudi K. 'Williams, P.E. ORIGINAL O SOUTH FLORIDA WATER MANAGEMENT DISTRICT AGREEMENT THE SOUTH FLORIDA WATER MANAGEMENT This number must appear on all Invoices and Correspondence DISTRICT (hereinafter referred to as DISTRICT) HEREBY ENTERS INTO THIS AGREEMENT WITH: Name: COLLIER COUNTY WATER-SEWER DG040620 DISTRICT Address: 3301 East Tamiami Trail MBE PARTICIPATION: 0% Bldg. 'H', 3~a Floor Naples, FL 34112 Project Manager: James W. DeLony, P.E. Telephone No: (239) 732-2540 Fax No: (239) 732- 2526 Hereinafter referred to as: ENTITY PROJECT TIILE: CARICA ROAD AQUIFER SIO~GE AND RECOVERY EXPLO~TORY WELL PROG~M Ihe following Exhibits are attached hereto and made a part of this AG~EMENT: E~ibit "A" - Special Provisions E~ibit "H" - Not Applicable Exhibit "B" - Generat Tern and Conditions E~ibit 'T' - Not Applicable Exhibit "C" - Statement of Work Exhibit "J" - Not Applicable E~ibit "D" - Pa~ent and Deliverable Schedule E~ibit "K" - Not Applicable E~ibit"E" - Not Applicable E~ibit "L" - Not Applicable Exhibit"F" - Not Applicable E~ibit "M" - Not Applicable Exhibit "G" - Not Applicable TOTAL ~IOUNT: $100,000.00 TYPE: Firm Fixed Price Multi-Year Funding (If Applicable) Fiscal Year: 2001 Fiscal Year: Fiscal Year: Fiscal Year: Fiscal Year: Fiscal Year: *Subject to District Governing Board Annual Budget Approval AGREEMENT TERM: I YEAR EFFECTIVE DATE: Last Date of Execution by the Parties District Project Manager: Ananta Na~ ~ District Contract Administrator: Telephone No: (239) 597-1505 Penelope Burger {561) 682-2536 Fax No. (239) 597-4987 Fax No.: (561) 682-6397 or (561) 681-6275 SUBMIT INVOICES AND NOTICES TO THE DISTRICT AI: SUBMIT NOTICES TO THE ENTITY AT: COLLIER COUN~ WATER-SEWER DISTRICT South Florida Water Management District 3301 Gun Club Road 3301 East Tamiami Trail West Palm Beach, Florida 33406 Bldg. 'H', 3~ Floor Attention: Procurement Division Naples, FI. 34112 Auention: J~es W. DeLony, P.E. IN WI~ESS %~EREOF, the authorized representative hereby executes this AGREEMENT on this date, and accepts all Terns and Conditions under which it is issued. COLLIER COUNTY SOUTH FLORIDA WATER MANAGEMENT DISTRICT Accep ed By: ~eq[°~ Accepted By: Signature of Authorized Representative Frank Hayden, Procurement Director Date: SFWMD OF~E SF~ID PROCU~fENT APPROVED ..... , ........ M sOUTH FLORIDA WATER MANAGEMENT DISTRICT AGREEMENT EXHIBIT "A" SPECIAL PROVISIONS The purpose of this Exhibit "A" is to delineate any and all changes, deletions and/or additions to the Exhibit "B" General Terms & Conditions. In the event of any conflict between this Exhibit "A" and any other provision specified in this Agreement, this Exhibit "A" shall take precedence. ARTICLE 5 - Indemnification and insurance is hereby deleted in its entirety. SFWMD OFFICE OF COUNSEL APPROVED SFWMD PROCUREMENT APPROVED By: - v Date: Agreement No. DG040620 Exhibit "A" Special Provisions SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS ARTICLE 1 - STATEMENT OF WORK 1.1 The ENTITY shall, to the satisfaction of the DISTRICT, fully and timely perform all work items described in the "Statement of Work," attached hereto as Exhibit "C" and made a part of this AGREEMENT. by the DISTRICT pursuant to this AGREEMENT shall not exceed the amount as indicated on the cover/signature page of this AGREEMENT. Such amount includes all expenses which the ENTITY may incur and therefore no additional consideration shall be authorized. 1.2 As part of the services to be provided by the ENTITY under this AGREEMENT, the ENTITY shall substantiate, in whatever forum reasonably requested by the DISTRICT, the methodology, lab analytical examinations, scientific theories, data, reference materials, and research notes. The ENTITY shall also be required to substantiate any and all work completed, including but not limited to, work completed by subcontractors, assistants, models, concepts, analytical theories, computer programs and conclusions utilized as the basis for the final work product required by the AGREEMENT. This para~aph shall survive the expiration or termination of this AGREEMENT. 1.3 The parties agree that time is of the essence in the performance of each and every obligation under this AGREEMENT. 1.4 In the event ENTITY employees or hired workers are authorized by Exhibit "C" to perform services on-site at DISTRICT facilities, the ENTITY hereby a~ees to be bound by all applicable DISTRICT policies and standards of conduct listed in Attachment 1, "Contractor Policy Code Acknowledgement" to Exhibit "C" and shall require each individual performing such on-site work to execute the Attachment 1 form. It is the ENTITY's responsibility to advise its employees or hired workers of the nature of the project, as described in Exhibit "C'. The ENTITY shall determine the method, details and means of performing the services, within the parameters established by Exhibit "C". The DISTRICT shall provide additional guidance and instructions to ENTITY's employees or hired workers where necessary or appropriate as determined by the DISTRICT. ARTICLE 2 - COMPENSATION/ CONSIDERATION 2.1 The total consideration for all work required 2.2 The ENTITY assumes sole responsibility for all work which is performed pursuant to the Statement of Work, Exhibit "C". By providing funding hereunder, the DISTRICT does not make any warranty, guaranty, or any representation whatsoever regarding the correctness, accuracy, or reliability of any of the work performed hereunder. 2.3 The ENTITY by executing this AGREEMENT, certifies to truth-in-negotiation, specifically, that wage rates and other factual unit costs supporting the consideration are accurate, complete, and current at the time of contracting. The ENTITY agrees that the DISTRICT may adjust the consideration for this AGREEMENT to exclude any significant sums by which the consideration was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. The DISTRICT shall make any such adjustment within one (1) year following the expiration or termination of this AGREEMENT. ARTICLE 3 - INVOICING AND PROMPT PAYMENT 3.1 The ENTITY's invoices shall reference the DISTRICT's AGREEMENT Number and shall be sent to the DISTRICT's address specified on the cover/signature page of this AGREEMENT. The ENTITY shall not submit invoices to any other address at the DISTRICT. 3.2 The ENTITY shall submit the invoices on a completion of deliverable basis, pursuant to the schedule outlined in the Payment and Deliverable Schedule, attached hereto as Exhibit "D" and made a part of this AGREEMENT. In the event the schedule does not specify payment on a completion of deliverable basis, all invoices shall be substantiated by adequate supporting documentation to justify hours expended and expenses incurred within the not- to-exceed budget, including but not limited to, copies Page 1 of 9, Exhibit "B" Contract File:\entity.doc!~)I/06/0~ SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS of approved timesheets, payment vouchers, expense reports(including approved travel costs, if applicable), receipts and subcontractor invoices. Any authorized travel shall be reimbursed in accordance with Chapter 112, Florida Statutes. 3.3 It is the policy of the DISTRICT that payment for all goods and services shall be made in a timely manner and that interest payments are made on late payments. In accordance with Florida Statutes, Section 218.70, Florida Prompt Eayment Act, a "proper" invoice is defined as an invoice that conforms to all statutory requirements and all DISTRICT requirements as specified in the AGREEMENT for invoice submission. The time at which payment shall be due from the DISTRICT shall be forty-five (45) days from receipt of a proper invoice and acceptance of services and/or deliverables, based on compliance with the statutory requirements set forth in Section 218.70, F.S. and upon satisfaction of the DISTRICT conditions as detailed in the AGREEMENT. Failure of the ENTITY to follow the instructions set forth in the AGREEMENT regarding a proper invoice and acceptable services and/or deliverables may result in an unavoidable delay in payment by the DISTRICT. All payments due from the DISTRICT for a proper invoice and acceptable services and/or deliverables and not made within the time specified in this section shall bear interest from thirty (30) days after the due date at the rate of one percent (1%) per month on the unpaid balance. The ENTITY shall invoice the DISTRICT for payment of any accrued unpaid interest. Any disputes regarding invoice payments which cannot be resolved by the appropriate department of the DISTRICT shall be concluded by final written decision of the DISTRICT Leadership Team not later than sixty (60) days after the date on which the proper invoice was received by the DISTRICT. 3.4 Unless otherwise stated herein, the DISTRICT shall not pay for any obligation or expenditure made by the ENTITY prior to the commencement date of this AGREEMENT. ARTICLE 4 - PROJECT MANAGEMENT/ NOTICE 4.1 The parties shall direct all technical matters arising in connection with the performance of this AGREEMENT, other than invoices and notices, to the attention of the respective Project Managers specified on the cover/signature page of the AGREEMENT for attempted resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this AGREEMENT. The ENTITY shall direct all administrative matters, including invoices and notices, to the attention of the DISTRICT's Contract Specialist specified on the cover/signature page of the AGREEMENT. All formal notices between the parties under this AGREEMENT shall be in writing and shall be deemed received if sent by certified mail, return receipt requested, to the respective addresses specified on the cover/signature page of the AGREEMENT. The ENTITY shall also provide a copy of all notices to the DISTRICT's Project Manager. All notices required by this AGREEMENT shall be considered delivered upon receipt. Should either party change its address, written notice of such new address shall promptly be sent to the other party. All correspondence to the DISTRICT under this AGREEMENT shall reference the DISTRICT's Contract Number specified on the cover/signature page of the AGREEMENT. ARTICLE 5 - INDEMNIFICATION & INSURANCE 5.1 For value received, which is hereby acknowledged, the ENTITY shall defend, indemnify, save, and hold the DISTRICT, its officers, directors, board members, agents, assigns, and empl.oyees harmless from liabilities, damages, losses and costs, including, but not limited to reasonable attorneys' fees, to the extent caused by the negligence, recklessness or intentionally wrongful conduct of the ENTITY and other persons employed or utilized by the ENTITY in the performance of the AGREEMENT. The DISTRICT shall have the right to approve counsel selected by the ENTITY to defend the DISTRICT in Page 2 of 9, Exhibit "B" Contract File:\entity.doI AGENDA ITEMm 'l MAR O9 200 [ SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS the event the DISTRICT is named in any legal action. The ENTITY further acknowledges that it is solely responsible for ensuring its compliance and the compliance of its subcontractors, suppliers, agents, assigns, invitees and employees with the terms of this AGREEMENT. This paragraph shall sm'vive the expiration or termination of this AGREEMENT. 5.2 'The ENTITY shall procure, and maintain, through the term of this AGREEMENT, insurance coverage reflecting, at a minimum, the limits and coverage conditions identified on the DISTRICT's Insurance Requirements, attached as Exhibit "IT' and made a part of this AGREEMENT. The coverage required shall extend to all employees and subcontractors of the ENTITY. Prior to the execution of this AGREEMENT, the ENTITY shall provide a Certificate of Insurance for such coverage to the DISTRICT for approval, indicating the producer, insured, carrier's name, and BEST rating, policy numbers and effective and expiration dates of each type of coverage required. The Certificate of Insurance shall be signed by the insurance carrier's authorized representative and shall identify the DISTRICT as added insured as required. 5.3 All insurers must be qualified to lawfully conduct business in the State of Florida. Failure of the DISTRICT to notify the ENTITY that the certificate of insurance does not meet the AGREEMENT requirements shall not constitute a waiver of the ENTITY's responsibility to meet the stated requirement. In addition, receipt and acceptance of the certificate of insurance by the DISTRICT shall not relieve the ENTITY from responsibility for adhering to the insurance limits and conditions of insurance required within this AGREEMENT. Misrepresentation of any material fact, whether intentional or not, regarding the ENTITY's insurance coverage, policies or capabilities, may be grounds for termination of the AGREEMENT as determined solely by the DISTRICT ARTICLE 6 - TEILMINATION/REMEDIES 6.1 It is the policy of the DISTRICT to encourage good business practices by requiring contractors to materially perform in accordance with the terms and conditions of the DISTRICT AGREEMENT. In accordance with DISTRICT Rule 40E-7, Part II, F.A.C., "material breach" is defined as any substantial, unexcused non- performance by failing to perform an act that is an important part of the transaction or performing an act inconsistent with the terms and conditions of the AGREEMENT. If the ENTITY materially fails to fulfill its obligations under this AGREEMENT, the DISTRICT will provide written notice of the deficiency by forwarding a Cure Notice citing the specific nature of the material breach. The ENTITY shall have thirty (30) days to cure the breach. If the ENTITY fails to cure the breach within the thirty (30) day period, the DISTRICT shall issue a Termination for Default Notice. Once the DISTRICT has notified the ENTITY that it has materially breached its AGREEMENT with the DISTRICT, by sending a Termination for Default Notice, the DISTRICT's Governing Board shall determine whether the ENTITY should be suspended from doing future work with the DISTRICT, and if so, for what period of time. The DISTRICT's Governing Board will consider the factors detailed in Rule 40E- 7, Part II, F.A.C. in making a determination as to whether a ENTITY should be suspended, and if so, for what period of time. Should the DISTRICT terminate for default in accordance with this provision, the DISTRICT shall be entitled to recover reprocurement costs in addition to all other remedies under law and/or equity. 6.2 The DISTRICT may terminate this AGREEMENT with or without cause at any time for convenience upon thirty (30) calendar days prior written notice to the ENTITY. The performance of work under this AGREEMENT may be terminated by the DISTRICT in accordance with this clause in whole, or from time to time in part, whenever the DISTRICT shall determine that such termination is in the best interest of the DISTRICT. Any such termination shall be effected by delivery to the ENTITY of a Notice of Termination specifying the extent to which performance of work under the AGREEMENT is terminated, and the date upon which Page 3 of 9, Exhibit "B" Contract File:\entity.doc SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS such termination becomes effective. In the event of term/nation for convenience, the DISTRICT shall compensate the ENTITY for all authorized and a.ccepted deliverables completed through the date of terminatien in accordance with Exhibit "C", Statement of Work. The DISTRICT shall be relieved of any and all future obligations hereunder, including but not limited to lost profits and consequential damages, under this AGREEMENT. The DISTRICT may withhold all ,payments to the ENTITY for such work until such time as the DISTRICT determines the exact amount due to the ENTITY. 6.3 In the event a dispute arises which the project managers cannot resolve between themselves, the parties shall have the option to submit to non-binding mediation. The mediator or mediators shall be impartial, shall be selected by the parties, and the cost of the mediation shall be borne equally by the parties. The mediation process shall be confidential to the extent permitted by law. 6.4 The DISTRICT may order that all or part of the work stop if circumstances dictate that this action is in the DISTRICT's best interest. Such circumstances may include, but are not limited to, unexpected technical developments, direction given by the DISTRICT's Governing Board, a condition of immediate danger to DISTRICT employees, or the possibility of damage to equipment or property. This provision shall not shift responsibility for loss or damage, including but not limited to, lost profits or consequential damages sustained as a result of such delay, from the ENTITY to the DISTRICT. If this provision is invoked, the DISTRICT shall notify the ENTITY in writing to stop work as of a certain date and specify the reasons for the action, which shall not be arbitrary or capricious. The ENTITY shall then be obligated to suspend all work efforts as of the effective date of the notice and until further written direction from the DISTRICT is received. Upon resumption of work, if deemed appropriate by the DISTRICT, the DISTRICT shall initiate an amendment to this AGREEMENT to reflect any changes to Exhibit "C", Statement of Work and/or the project schedule. 6.5 The DISTRICT anticipates a total project cost as indicated on the cover/signature page, with the balance of matching funds and/or in-kind services to be obtained from the ENTITY in the amount as specified on the cover/signature page of this AGREEMENT. In the event such ENTITY matching funding and/or in-kind services becomes unavailable, that shall be good and sufficient cause for the DISTRICT to terminate the AGREEMENT pursuant to Paragraph 6.2 above. ARTICLE 7 - RECORDS RETENTION/ OWNERSHIP 7.1 The ENTITY shall maintain records and the DISTRICT shall have inspection and audit rights as follows: A. Maintenance of Records: The ENTITY shall maintain all financial and non-financial records and reports directly or indirectly related to the negotiation or performance of this AGREEMENT including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five years from completing performance and receiving final payment under this AGREEMENT. B. Examination of Records: The DISTRICT or its designated agent shall have the right to examine in accordance with generally accepted govemmental auditing standards all records directly or indirectly related to this AGREEMENT. Such examination may be made only within five years from the date of final payment under this AGREEMENT and upon reasonable notice, time and place. C. Extended Availability of Records for Legal Disputes: In the event that the DISTRICT should become involved in a legal dispute with a th/rd party arising from performance under this AGREEMENT, the ENTITY shall extend the period of.maintenance for all records relating to the AGREEMENT until the final disposition of the legal dispute, and all such records shall be made readily available to the DISTRICT. 7.2 The DISTRICT shall retain exclusive title, copyright and other proprietary rights in all work items, including but not limited to, all documents, technical Page 4 of 9, Exhibit "B" SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS reports, research notes, scientific data, computer programs, including the source and object code, which are developed, created or otherwise originated hereunder by the ENTITY, its subcontractor(s), assign(s), agent(s) and/or successor(s) as required by the Exhibit "C", Statement of Work (the "Work"). In consideration for the DISTRICT entering into this AGREEMENT, and other good and valuable consideration the sufficiency and receipt in full of which is hereby acknowledged by the ENTITY, the ENTITY hereby assigns, transfers, sells and otherwise ~ants to the DISTRICT any and all rights it now has or may have in the Work (the "Grant"). This Grant shall be self-operative upon execution by the parties hereto, however the ENTITY agrees to execute and deliver to the DISTRICT any further assignments or other instruments necessary to evidence the Grant, without the payment of any additional consideration by the DISTRICT. The ENTITY may not disclose, use, license or sell any work developed, created, or otherwise originated hereunder to any third party whatsoever. This paragraph shall survive the termination or expiration of this AGREEMENT. 7.3 The ENTITY represents and warrants that proprietary software, if any, to be provided to the DISTRICT by the ENTITY hereunder, as specifically identified in Exhibit "C", Statement of Work shall have been developed solely by or for the ENTITY, or lawfully acquired under license from a third party, including the right to sublicense such software. The ENTITY shall include copyright or proprietary legends in the software and on the label of the medium used to transmit the software. The ENTITY shall grant to the DISTRICT a perpetual, non-transferable, non-exclusive right to use the identified software without an additional fee. The DISTRICT acknowledges that title to the software identified in Exhibit "C" shall remain with the Licensor. 7.4 Any equipment purchased by the ENTITY with DISTRICT funding under this AGREEMENT shall be returned and title transferred from the ENTITY to the DISTRICT immediately upon termination or expiration of this AGREEMENT upon the written request of the DISTRICT not less than thirty (30) days prior to AGREEMENT expiration or termination. Equipment is hereby defined as any non-consumable items purchased by the DISTRICT with a value equal to or greater than $500.00 and with a normal expected life of one (1) year or more. The ENTITY will maintain any such equipment in good working condition while in its possession and will return the equipment to the DISTRICT in good condition, less normal wear and tear. The ENTITY will use its best efforts to safeguard the equipment throughout the period of performance of this AGREEMENT. However the DISTRICT will not hold the ENTITY liable for loss or damage due to causes beyond the ENTITY's reasonable control. In the event of loss or damage, the ENTITY shall notify the DISTRICT in writing within five (5) working days of such occurrence. 7.5 The DISTRICT has acquired the right to use certain software under license from third parties. For purposes of this AGREEMENT, the DISTRICT may permit the ENTITY access to certain third party owned software on DISTRICT computer systems. The ENTITY acknowledges the proprietary nature of such software and agrees not to reproduce, distribute or disclose such software to any third party. Use of or access to such software shall be restricted to designated DISTRICT owned systems or equipment. Removal of any copy of licensed software is prohibited. ARTICLE 8 - STANDARDS OF COMPLIANCE 8.1 The ENTITY, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this AGREEMENT. The DISTRICT undertakes no duty to ensure such compliance, but will attempt to advise the ENTITY, upon request, as to any such laws of which it has present knowledge. 8.2 The ENTITY hereby assures that no person shall be discriminated against on the grounds of race, color, creed, national origin, handicap, age, or sex, in any activity under this AGREEMENT. The ENTITY shall take all measures necessary to effectuate these assurances. 8.3 The laws of the State of Florida shall govern all Page 5 of 9, Exhibit "B" Contract File:\entity.dlc AC~f~OA IT[F~ ~. o 9 200 SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS aspects of this AGREEMENT. In the event it is necessary for either party to initiate legal action regardifig this AGREEMENT, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims which are justiciable in federal court. 8.4 The ENTITY, by its execution of this AGREEMENT, acknowledges and attests that neither it, nor any of its suppliers, subcontractors, or consultants who shall perform work which is intended to benefit the DISTRICT is a convicted vendor or has been placed on the discriminatory vendor list. If the ENTITY or any affiliate of the ENTITY has been convicted of a public entity crime or has been placed on the discriminatory vendor list, a period longer than 36 months has passed since that person was placed on the convicted vendor or discriminatory vendor list. The ENTITY further understands and accepts that this AGREEMENT shall be either void by the DISTRICT or subject to immediate termination by the DISTRICT, in the event there is any misrepresentation or lack of compliance with the mandates of Section 287.133 or Section 287.134, respectively, Florida Statutes. The DISTRICT, in the event of such termination, shall not incur any liability to the ENTITY for any work or materials furnished. 8.5 The ENTITY shall be responsible and liable for the payment of all of its FICA/Social Security and other applicable taxes resulting from this AGREEMENT. 8.6 The ENTITY warrants that it has not employed or retained any person, other than a bona fide employee working solely for the ENTITY, to solicit or secure this AGREEMENT. Further the ENTITY warrants that is has not paid or a~eed to pay any person, other than a bona fide employee working solely for the ENTITY, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the awarding or making of this AGRF, EMENT. For breach of this provision, the DISTRICT may terminate this AGREEMENT without liability and, at its discretion, deduct or otherwise recover the full amount of such fee, commission, percentage, gift, or other consideration. 8.7 The ENTITY shall allow public access to all project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the ENTITY assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the ENTITY. 8.7.1 Pursuant to Sections 119.07(3)(o), and 240.241 Florida Statutes, data processing software obtained by an agency under a license agreement which prohibits its disclosure and which software is a trade secret, as defined in Sections 812.081(c), Florida Statutes is exempt from the disclosure provisions of the Public Records law. However, the parties hereto agree that if a request is made of the DISTRICT, pursuant to Chapter 119, Florida Statute, for public disclosure of proprietary property being licensed to the ENTITY (Licensee) hereunder, the DISTRICT shall advise the ENTITY (Licensee) of such request and, as between the DISTRICT and the ENTITY (Licensee), it shall be the ENTITY's (Licensee's) sole burden and responsibility to immediately seek and obtain such injunctive or other relief from the Courts and to immediately serve notice of the same upon the Licensor to protect the Licensor's claimed exemption under the Statute. 8.8 The ENTITY shall make reasonable efforts to obtain any necessary federal, state, local, and other governmental approvals, as well as all necessary private authorizations and permits, prior to the commencement of performance of this AGREEMENT. A delay in obtaining permits shall not give rise to a claim by the ENTITY for additional compensation. If the ENTITY is unable to obtain all necessary permits in a timely manner, either party may elect to terminate this AGREEMENT, each party to bear its own costs, notwithstanding other provisions of this AGREEMENT to the contrary. 8.9 Pursuant to Section 216.347, ES., the ENTITY is prohibited from the expenditure of any funds under this AGREEMENT to lobby the Legislature, the judicial branch or another state agency. 8.10 The DISTRICT is a governmental entity responsible for performing a public service and therefore has a legitimate interest in promoting the Page 6 of 9, Exhibit "B" ' Contract File:\entity.dI O SOUTH FLORIDA WATER MANAGEMENT DISTRICT · EXHIBIT "B" GENERAL TERMS AND CONDITIONS goals and objectives of the agency. The work under this AGREEMENT involves a project consistent with these goals and objectives. Consequently, the DISTRICT is desirous of satisfactorily completing and successfully promoting this project with the cooperation of its ENTITY. Therefore, as the DISTRICT'S ENTITY for this project, the ENTITY assures the DISTRICT that the ENTITY, its employees, subcontractors and assigns will refrain from acting adverse to the DISTRICT'S legitimate interest in promoting the goals and objectives of this project. The ENTITY agrees to take all reasonable measures necessary to effectuate these assurances. In the event the ENTITY determines it is unable to meet or promote the goals and objectives of the project, it shall have the duty to immediately notify the DISTRICT. Upon such notification the DISTRICT, in its discretion, may terminate this AGREEMENT. ARTICLE 9 - RELATIONSHIP BETWEEN THE PARTIES 9.1 The ENTITY shall be considered an independent contractor and neither party shall be considered an employee or agent of the other party. Nothing in this AGREEMENT shall be interpreted to establish any relationship other than that of independent contractor between the parties and their respective employees, agents, subcontractors, or assigns during or after the performance on this AGREEMENT. Both parties are free to enter into contracts with other parties for similar services. 9.2 In the event that the ENTITY is providing staff who will be working on-site at DISTRICT facilities, it is further understood that the ENTITY shall be the employer of the staff provided pursuant to the AGREEMENT for all purposes under state and federal law and that the ENTITY's staff shall not be eligible for any benefit programs the DISTRICT offers to its employees. All benefits available to the ENTITY's staff shall be exclusively provided by the ENTITY or by the ENTITY's employee. The ENTITY is solely responsible for compliance with all labor and tax laws pertaining to officers, agents and ENTITY employees and shall indemnify and hold the DISTRICT harmless from any failure by the ENTITY to comply with such laws. The ENTITY's duties with respect to such personnel shall include, but are not limited to, the following: 9.2.1 Billing, collection, payroll services and tax withholding, and any other related services 9.2.2 Providing insurance coverage pursuant to Article 5 of this AGREEMENT. 9.2.3 Providing any and all employment benefits, including, but not limited to, annual leave, sick leave, paid holidays, health insurance, retirement benefits and disability insurance. 9.2.4 Complying with the Fair Labor Standards Act, 29 U.S.C. 201, et.seq., including payment of overtime in accordance with the Act. 9.2.5 Providing employee training for all activities necessary for job performance, except those functions that are unique to the DISTRICT, in which event, the DISTRICT, in its sole judgment and discretion, may provide training. 9.3 It is the intent and understanding of the Parties that this AGREEMENT is solely for the benefit of the ENTITY and the DISTRICT. No person or entity other than the ENTITY or the DISTRICT shall have any rights or privileges under this AGREEMENT in any capacity whatsoever, either as third-party beneficiary or otherwise. 9.4 The ENTITY shall not assign, delegate, or otherwise transfer its rights and obligations as set forth in this AGREEMENT without the prior written consent of the DISTRICT. Any attempted assignment in violation of this provision shall be void. 9.5 The ENTITY shall not pledge the DISTRICT's credit or make the DISTRICT a guarantor of payment or surety for any contract, debt, obligation, judgement, lien, or any form of indebtedness. 9.6 The DISTRICT assumes no duty with regard to the supervision of the ENTITY and the ENTITY shall remain solely responsible for compliance with all safety requirements and for the safety of all persons and property at the site of contract performance. Page 7 of 9, Exhibit "B" Contract File:\entity.dlc ~[~'~[~A[~ [~ ~ 200/~ SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS ARTICLE 10 - MBE PARTICIPATION I0.1 The ENTITY hereby acknowledges that no Minority Business Enterprises (MBE) participation level has been established for this AGREEMENT; however, both parties agree to provide the other advance notice of competitive contracts that may result from this AGREEMENT along with timelines for public notice and award of such contracts. In the event subsequent competitive contract awards do result in MBE participation, such participation shall be reported to the other party. Both the ENTITY and the DISTRICT will ensure compliance with the provisions of their respective program, laws, ordinances and policies and will support the other's initiatives to the extent allowed by law. ARTICLE 11 - GENERAL PROVISIONS 11.1 Notwithstanding any provisions of this AGREEMENT to the contrary, the parties shall not be held liable for any failure or delay in the performance of this AGREEMENT that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, reslzaint of Government, riots, civil commotion, force majeure, act of God, or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the parties. Failure to perform shall be excused during the continuance of such circumstances, but this AGREEMENT shall otherwise remain in effect. This provision shall not apply if the "Statement of Work" of this AGREEMENT specifies that performance by ENTITY is specifically required during the occurrence of any of the events herein mentioned. 11.2 Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the following order: (a) Exhibit "A" Special Provisions, if applicable (b) Exhibit "B" General Terms and Conditions (c) Exhibit "C" Statement of Work (d) all other exhibits, attachments and documents specifically incorporated herein by reference 11.3 Failures or waivers to insist on strict performance of any covenant, condition, or provision of this AGREEMENT by the parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other party from performing any subsequent obligations strictly in accordance with the terms of this AGREEMENT. No waiver shall be effective unless in writing and signed by the party against whom enforcement is sought. Such waiver shall be limited to provisions of this AGREEMENT specifically referred to therein and shall not be deemed a waiver of afiy other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 11.4 Should any term or provision of this AGREEMENT be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this AGREEMENT, to the extent that the AGREEMENT shall remain operable, enforceable and in full force and effect to the extent permitted by law. 11.5 This AGREEMENT may be amended only with the written approval of the parties hereto. 11.6 This AGREEMENT states the entire under- standing and agreement between the parties and supersedes any and all written or oral representations, statements, negotiations, or agreements previously existing between the parties with respect to the subject matter of this AGREEMENT. The ENTITY recognizes that any representations, statements or negotiations made by DISTRICT staff do not suffice to legally bind the DISTRICT in a contractual relationship unless they have been reduced to writing and signed by an authorized DISTRICT representative. This AGREEMENT shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. ARTICLE 12 - SAFETY REQUIREMENTS 12.1 The ENTITY shall require appropriate personal protective equipment in all operations where there is exposure to hazardous conditions. Page 8 of 9, Exhibit "B" JAG£NOA I T£1,~ ~,~ Contract File:\entity.doc 0 0 9 200 SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS 12.2 The ENTITY shall instruct employees required to handle or use toxic materials or other harmful substances regarding their safe handling and use, including instruction on the potential hazards, personal hygiene and required personal protective measures. A Material Safety Data Sheet (MSDS) shall be provided by the ENTITY to the DISTRICT on each chemical product used. 12.3 The ENTITY shall comply with the standards and regulations set forth by the Occupational Safety and Health Administration (OSHA), the Florida Department of Labor and Employment Security and all other appropriate federal, state, local or DISTRICT safety and health standards. 12.4 It is the ENTITY'S sole duty to provide safe and healthful working conditions to its employees and those of the DISTRICT on and about the site of AGREEMENT performance. 12.5 The ENTITY shall initiate and maintain an accident prevention program which shall include, but shall not be limited to, establishing and supervising programs for the education and training of employees in the recognition, avoidance, and prevention of unsafe conditions and acts. 12.6 The ENTITY shall erect and maintain, as required by existing conditions and performance of the AGREEMENT, reasonable safeguards for safety and protection, including posting of danger signs and other warnings, .against hazards. 12.7 The ENTITY shall take reasonable precautions for safety of, and shall provide reasonable protection tO prevent damage, injury, or loss to: 12.7.1 employees on the work and other persons who may be affected thereby; including pedestrians, visitors, or traveling public; 12.7.2 the work, materials, and equipment to be incorporated therein; whether in storage on or off the site, under care, custody or control of the ENTITY, or the ENTITY's subcontractors; and and equipment not designated for removal, relocation or replacement in the course of work. 12.8 The ENTITY shall provide first aid services and medical care to its employees. 12.9 The ENTITY shall develop and maintain an effective fire protection and prevention procedures and good housekeeping practices on the work site throughout the AGREEMENT. 12.10 Emergencies: In emergency affecting safety of persons or property on or about the site or as a result of the work; the ENTITY shall act, timely and with due diligence, to prevent threatened damage, injury, or loss. 12.11 Environmental: When the ENTITY, ENTITY's contractors, or subcontractors, use petroleum products, hazardous chemicals, or any other chemicals used on or about the site, the ENTITY shall be responsible for handling these chemical constituents in accordance with federal, state and local regulations during the terms of the AGREEMENT. For accidental discharges or releases onto the floor, air, ground, surface waters, ground waters, it shall be the ENTITY's sole responsibility to respond immediately to clean the site, at his expense, to the complete satisfaction of federal, state, local regulatory agencies and to the DISTRICT requirements. 12.12 The DISTRICT may order the ENTITY to halt operations under the AGREEMENT, at the ENTITY's expense, if a condition of immediate danger to the public and/or DISTRICT employees, equipment, or property exist. This provision shall not shift the responsibility or risk of loss for injuries or damage sustained from the ENTITY to the DISTRICT; and the ENTITY shall remain solely responsible for compliance with all federal, state and local safety requirements, provisions of this section, and safety of all persons and property on or about the site. 12.7.3 other properties at the site or adjacent thereto; such as trees, shrubs, lawns, walks, utilities, pavement, roadways, structures, building, vehicles, Page 9 of 9, Exhibit "B" Contract File:\entity.doI DETAILED DESCRIPTION OF PROJECT Collier County Carica Road Aquifer Storage and Recovery System Exploratory Well Program 1.0 Introduction Collier County is requesting funding for Phase 1 of a project that involves building an aquifer storage and recovery (ASR) system lo~ated along Car/ca Road. There are several purposes for this ASR system. It will enhance the existing public water supply and protect sensitive freshwater sources during critical dry months. The ASR system will also delay costly treatment facility expansions, tap into previously unused resources, and contribute toward the long-term reliability of the County's public water system. Background The basic principle behind an ASR system involves storing potable water in an underground aquifer during times when excess water is available. The treated potable water replaces the brackish, native water and forms a "bubble" of stored water in the aquifer. Then, at times when demand exceeds treatment plant capacity, the potable water is recovered from the aquifer, disinfected, and used to meet this demand. Rapid growth and high dry-season demand for water have stressed Collier County's sensitive freshwater aquifers. In 1999, Collier County finished construction of its first ASR well system to help meet the County's water supply needs. The one million gallon per day (MGD) system works by.pumping potable water from the water treatment plant during periods of low demand, into the Hawthorn Aquifer Zone H. Zone II is located between 465 and 525 feet below the surface at the Manatee Road site. This brackish aquifer serves as underground storage for the potable water. A drought early in 2001 proved this ASR successful when the County met its water resource demands by using the recovered water. Collier County anticipates that it will experience continued rapid population growth with a concomitant increase in potable.water demands. Water treatment facilities and distribution systems typically constructed to meet the highest use over a projected 3- to 20-day time period are underused or idle for large pans of the year throughout the State of Florida. If the County increases its water supply by constructing ASR systems, it anticipates that it will meet future peak demands as well as offset the large capital costs associated with expanding water treatment plants and upgrading water distribution infrastructure. The County currently has plans to expand their existing Manatee Road ASR system as well as construct this additional Carica Road ASR system. Exhibit "C" Agreement No. DG040620 Page lof5 NAR o 9 200, 2.0 Project Scope This new ASR system will provide additional water that will help meet local and system- wide seasonal peaks in demand. The ASR system will store potable water that will return to the distribution system as needed after post-recovery disinfection. Phase 1 of this project will consist of permitting, installing and testing an exploratory well. This well will confirm ASR feasibility and identify the best storage zone in the area. Later phases of the project will include permitting, construction and testing a one- well pilot ASR system as well as constructing a second ASR well for an ultimate capacity of three MGD from the two recharge and recovery wells. The scop.e of work for Phase 1 is more specifically detailed in Section 3.0. The principal overall goals of the project are the following: · Reduce dependence on the Lower Tamiami Aquifer to meet peak dry season- demands; · Provide an emergency water source in the northwestern part of Collier County's service area; · Minimize the need for wellfield, transmission line and water treatment system expansions; and · Comply with the Lower West Coast Water Supply Plan objectives. 3.0 Work Breakdown Structure (WBS) The County wishes to further their reliance on ASR based on the success of their existing Manatee Road ASR system. This section describes the methodology and rationale for Phase 1 of this proposed project. 3.1 Description of Project Elements Phase 1 consists of a hydrogeology data review, followed by exploratory well conceptual design, permitting, construction, and start-up. Phase 1 'will take place over the course of a one-year timeframe. 3.1.1 Task 1: Data Review and Preliminary Permitting The first task of Phase 1 involves performing a review of existing hydrogeology data in the area of the Carica Road pump station site. This review will identify a potential storage zone for the ASR by considering site boundaries and constraints, locations of regulated ]and areas (i.e. wetlands), existing infrastructure, above and below ground rights-of-way, easements, and any other legal constraints. This data review will also include completing a well inventory of the surrounding area, which will identify any potential impacts on nearby aquifer users. Part of this task will also include preparing and submitting an application for a Florida Department of Environmental Protection (FDEP) construction permit for the exploratory well. This exploratory well will Exhibit "C' Agreement No. DG040620 Page 2of5 ~GE ~)~ I T£M~-~ .0.. /4,~ MAR 0 9 ultimately function as a storage zone monitor well for the Carica Road ASR system. 3.1.2 Task 2: Exploratory Well Construction and Testing Upon completion of FDEP permitting, the second task of Phase 1 will involve constructing an exploratory well at the Carica Road site. The objective of this exploratory well is to obtain site specific hydrogeology data important for identifying the preferred ASR storage zone. The well testing program will include geophysical logging, packer tests, step- drawdown tests, and collecting water samples for analysis of formation. This allows evaluation of the potential for adverse fluid-rock interactions in the aquifer. 3.1.3 Task 3: Well Completion Report and Preliminary Design for One Well Pilot ASR System Task 3 will involve completing a Well Completion Report, which will document all construction and testing activities, for submittal to the FDEP Drinking Water and Underground Injection Control Division. If the exploratory well program results are favorable, this report will also include the conceptual design for the one well pilot ASR system. The conceptual design will include a analyses of potential well interactions, injected water movement and recovery, conceptual level drawings of the well site, wellhead equipment, connecting piping, hydraulic analysis, and preliminary post-recovery water treatment system process instrumentation and control diagrams. This report will also function as a basis for initial discussions with the FDEP and the South Florida Water Management Distri& (SFWMD), (Water Use). Based on input received from these discussions, the County will make modifications and develop appropriate permit applications for the next phase of the project. 3.2 Project Justification and Cost/Benefit Analysis County Planning projects indicate that by the year 2005, maximum daily demands for water in Collier County will increase by almost 8.0 MGD, to a total of approximately 39 MGD. The project provides an economical means for the County to capture a valuable resource, allowing them to meet future demands. 3.3 Potential for Significant and Lasting Benefits As a short-term benefit, the completion of the exploratory program will allow the construction of the pilot ASR system. The pilot system will provide a supplemental source of water at the Carica Road pump station site that can be used for emergency supply and meeting peaks in demand. Exhibit "C" Agreement No. DG040620 Page 3of5 As a long-term benefit, ASR systems at Carica Road and elsewhere in Collier County will be an important element for optimizing water resources management. ASR will serve an increasingly important role in capturing the excess water available during the summer rainy season for use during the dry season when demand is greatest. 4.0 Project Cost The cost for Phase 1 of this project will be approximately $330,000. Collier County has budgeted funding in Fiscal Year 2004 for at least 50 percent of the project costs. A cost break, down is provided in the following table: Data Review and Permitting Well Drilling and Testing Laboratory Testing Professional Exploratory Well Construction Supervision Well Completion Report and Conceptual Design 20,000 220,000 10,000 60,000 20,000 5.0 Location of the Project Collier County plans to use its Carica Road pump station site as the location of this new ASR system. This site is located in the northwestern portion of the County near the intersection of Carica Road and Goodlette Frank Road. It is approximately five acres, owned by Collier County, and zoned for Public Utility use. Water storage and pumping facilities cun-ently exist at this site, making it especially conducive for this project. An aerial view illustrating the project location is attached as Figure 1. 6~0 Deliverable Schedule The following table provides a detailed project schedule. Phase 1 is estimated to be completed within 12 months. 1 Data collection and November I, 2003 May 31, 2004 7 pemtting associated with cons~cting the exploratory well 2 Exploratory well June 1, 2004 August 31, 2004 3 construction and testing 3 Well completion report September 1, 2004 October 31, 2004 2 and preli~n~y desi~ for one well pilot ASR system Total October 15, 2003 October 31, 2004 12 Exhibit "C" Agreement No. DG040620 Page 4of5 Exhibit "C" Agreement No. DG040620 Page 5of5 EXHIBIT "D" SUMMARY SCHEDULE OF TASKS AND DELIVERABLES · A summary deliverable schedule associated with this project is set forth below. The schedule is based on a one }'ear agreement. · All deliverables submitted hereunder are subject to review by the District. Due dates for all deliverables are based on the number of weeks from the date of agreement execution. The Contraclor hereby agrees to provide the District all deliverables, data and information described in the Statement of Work in both written and electronic four-digit format. · Payrnent'shall be made following receipt and acceptance by the District of project deliverables in accordance with the schedule set forth below. Total payment by the District for all work completed herein shall not exceed the amount of $ 100.000.00. All payments are subject to District fiscal year appropriations. 3 Laboratory Testing 36 weeks $ 50,000.00 5 Well Completion Report and Conceptual Design 52 weeks $ 50,000.00 Totnl $ 100,000.00 Exhibit "D" Agreement No. DG040620 Page lofl AG( I~I~A IT(Iq n0._ /~.~ ~ MAR 0 9 200 SOUTH FLORIDA WATER MANAGEMENT DISTRICT 3301 Gun Club Road, West Palm Beach, Florida 33406 · (561) 686-8800 · FL WATS 1-800-432-2045 · TDD (561) 697-2574 Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416-4680 · www. sfwmd.gov ADM 28-06 February 3, 2004 Mr. James W. Delony, P.E. Collier County Water-Sewer District 3301 East Tamiami Trail Bldg 'H' 3rd Floor Naples FL 34112 Subject: Contract No. DG040617 Manatee Road ASR System Expansion Dear Mr. Delony: Enclosed are two (2) copies of the subject contract. Please have them signed and dated by an individual with signature authority on behalf of your organization. Return both copies to my attention. A fully signed contract will be returned to you upon execution by the District. Kindly return the executed documents within ten (10) business days of receipt. Please include documentation to demonstrate official delegation of signature authority on behalf of your firm up to the contract monetary limits. Note that this contract is not binding on the parties until it is approved by the appropriate level of authority within the District and executed by both parties. Your cooperation and timely response will be greatly appreciated. Should there be any questions, please contact me at (561) 682-2536. Sincerely, Associate Contract Specialist Procurement Department /jm Enclosure C: w/attachment Ke Feng, 7440 GOVERNING BOARD Nicol~s J. Guti~rrez, Jr., Esq., Chair Pamela Brooks-Thomas, Vice-Chair Irela M. Bagu~ Michael Collins Hugh M. English Lennart E. Lindahl, P.E. Kevin McCarty Harkley R. Thornton Trudi K. Williams, P.E. SOUTH ORIGINAL FLORIDA WATER MANAGEMENT DISTRICT AGREEMENT THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT (hereinafter referred to as DISTRICT) HEREBY ENTERS INTO THIS AGREEMENT WITH: Name: COLLIER COUNTY WATER-SEWER DISTRICT Address: 3301 East Tamiami Trail Bldg 'H', 3'd Floor Naples, FL 34112_ Project Manager: James W. Delony, P.E. Telephone No: (239) 732-2540 Fax No: (239) 732- 2526 Hereinafter referred to as: ENTITY This number must appear on all Invoices and Correspondence DG040617 MBE PARTICIPATION: 0% PROJECT TITLE: MANATEE ROAD ASR SYSTEM EXPANSION The following Exhibit "A" - Exhibit "B" - Exhibit "C" - Exhibit "D" - Exhibit "E" - Exhibit "F" - Exhibit "G" - Exhibits are attached hereto and made a part of this AGREEMENT: Special Provisions General Terms and Conditions Statement of Work Payment and Deliverable Schedule Not Applicable Not Applicable Not Applicable Exhibit "H" - Not Applicable Exhibit 'T' - Not Applicable Exhibit "J" - Not Applicable Exhibit"K" - Not Applicable Exhibit"L" - Not Applicable Exhibit "M" - Not Applicable TOTAL AGREEMENT AMOUNT: $100,000.00 Multi-Year Funding (If Applicable) Fiscal Year: 2004 Fiscal Year: Fiscal Year: *Subject to District Governing Board Annual Budget Approval AGREEMENT TYPE: Fiscal Year: Fiscal Year: Fiscal Year: Firm Fixed Price AGREEMENT TERM: 1 YEAR EFFECTIVE DATE: Last Date of Execution by the Parties District Project Manager: Ke Feng Telephone No: ( 239 ) 597-1505 Fax No. (239) 597-4987 SUBMIT INVOICES AND NOTICES TO THE DISTRICT AT: South Florida Water Management District 3301 Gun Club Road West Palm Beach, Florida 33406 Attention: Procurement Division District Contract Administrator: Penelope Burger (561) 682-2536 Fax No.: (561) 682-6397 or (561) 681-6275 SUBMIT NOTICES TO THE ENTITY AT: COLLIER COUNTY WATER-SEWER DISTRICT 3301 East Tamiami Trail Bldg 'H', 3rd Floor Naples, FL 34112 Attention: James W. Delony, P.E. IN WITNESS WHEREOF, the authorized representative hereby executes Conditions under which it is issued. ;OLLI[R COUNTY 'o4 · ~ Signature of Authorized Representative rifle' 1~,~ Pa~Lz~ g/Tzt./l't~..¢ /q,~mtnt,~t,enia,¢ this AGREEMENT on this date, and accepts all Terms and SOUTH FLORIDA WATER MANAGEMENT DISTRICT Accepted By: Frank Hayden, Procurement Director Date: SFWMD O~F ,i~E OF COUNSEL APPROVED By: ~//~/%~ ./~4q..__~z; Date: MAR 0 SOUTH FLORIDA WATER MANAGEMENT DISTRICT AGREEMENT EXHIBIT "A" SPECIAL PROVISIONS The purpose of this Exhibit "A" is to delineate any and all changes, deletions and/or additions to the Exhibit "B" General Terms & Conditions. In the event of any conflict between this Exhibit "A" and any other provision specified in this Agreement, this Exhibit "A" shall take precedence. ARTICLE 5 - Indemnification and insurance is hereby deleted in its entirety. SFWMD~FICE OF COUNSEL APPROVED Agreement No. DG040617 Exhibit "A" Special Provisions SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS ARTICLE 1 - STATEMENT OF WORK 1.1 The ENTITY shall, to the satisfaction of the DISTRICT, fully and timely perform all work items described in the "Statement of Work," attached hereto as Exhibit "C" and made a part of this AGREEMENT. by the DISTRICT pursuant to this AGREEMENT shall not exceed the amount as indicated on the cover/signature page of this AGREEMENT. Such amount includes all expenses which the ENTITY may incur and therefore no additional consideration shall be authorized. 1.2 As part of the services to be provided by the ENTITY under this AGREEMENT, the ENTITY shall substantiate, in whatever forum reasonably requested by the DISTRICT, the methodology, lab analytical examinations, scientific theories, data, reference materials, and research notes. The ENTITY shall also be required to substantiate any and all work completed, including but not limited to, work completed by subcontractors, assistants, models, concepts, analytical theories, computer programs and conclusions utilized as the basis for the final work product required by the AGREEMENT. This paragraph shall survive the expiration or termination of this AGREEMENT. 1.3 The parties agree that time is of the essence in the performance of each and every obligation under this AGREEMENT. 1.4 In the event ENTITY employees or hired workers are authorized by Exhibit "C" to perform services on-site at DISTRICT facilities, the ENTITY hereby agrees to be bound by all applicable DISTRICT policies and standards of conduct listed in Attachment 1, "Contractor Policy Code Acknowledgement" to Exhibit "C" and shall require each individual performing such on-site work to execute the Attachment 1 form. It is the ENTITY's responsibility to advise its employees or hired workers of the nature of the project, as described in Exhibit "C". The ENTITY shall determine the method, details and means of performing the services, within the parameters established by Exhibit "C". The DISTRICT shall provide additional guidance and instructions to ENTITY's employees or hired workers where necessary or appropriate as determined by the DISTRICT. ARTICLE 2 - COMPENSATION/ CONSIDERATION 2.1 The total consideration for all work required 2.2 The ENTITY assumes sole responsibility for all work which is performed pursuant to the Statement of Work, Exhibit "C". By providing funding hereunder, the DISTRICT does not make any warranty, guaranty, or any representation whatsoever regarding the correctness, accuracy, or reliability of any of the work performed hereunder. 2.3 The ENTITY by executing this AGREEMENT, certifies to truth-in-negotiation, specifically, that wage rates and other factual unit costs supporting the consideration are accurate, complete, and current at the time of contracting. The ENTITY agrees that the DISTRICT may adjust the consideration for this AGREEMENT to exclude any significant sums by which the consideration was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. The DISTRICT shall make any such adjustment within one (1) year following the expiration or termination of this AGREEMENT. ARTICLE 3 - INVOICING AND PROMPT PAYMENT 3.1 The ENTITY's in'voices shall reference the DISTRICT's AGREEMENT Number and shall be sent to the DISTRICT's address specified on the cover/signature page of this AGREEMENT. The ENTITY shall not submit invoices to any other address at the DISTRICT. 3.2 The ENTITY shall submit the invoices on a completion of deliverable basis, pursuant to the schedule outlined in the Payment and Deliverable Schedule, attached hereto as Exhibit "D" and made a part of this AGREEMENT. In the event the schedule does not specify payment on a completion of deliverable basis, all invoices shall be substantiated by adequate supporting documentation to justify hours expended and expenses incurred within the not- to-exceed budget, including but not limited to, copies Page 1 of 9, Exhibit "B" I NO. Contract File:\entity.doci 01/027o4 I SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS of approved timesheets, payment vouchers, expense reports(including approved travel costs, if applicable), receipts and subcontractor invoices. Any authorized travel shall be reimbursed in accordance with Chapter 112, Florida Statutes. 3.3 It is the policy of the DISTRICT that payment for all goods and services shall be made in a timely manner and that interest payments are made on late payments. In accordance with Florida Statutes, Section 218.70, Florida Prompt Payment Act, a "proper" invoice is defined as an invoice that conforms to all statutory requirements and all DISTRICT requirements as specified in the AGREEMENT for invoice submission. The time at which payment shall be due from the DISTRICT shall be forty-five (45) days from receipt of a proper invoice and acceptance of services and/or deliverables, based on compliance with the statutory requirements set forth in Section 218.70, F.S. and upon satisfaction of the DISTRICT conditions as detailed in the AGREEMENT. Failure of the ENTITY to follow the instructions set forth in the AGREEMENT regarding a proper invoice and acceptable services and/or deliverables may result in an unavoidable delay in payment by the DISTRICT. All payments due from the DISTRICT for a proper invoice and acceptable services and/or deliverables and not made within the time specified in this section shall bear interest from thirty (30) days after the due date at the rate of one percent (1%) per month on the unpaid balance. The ENTITY shall invoice the DISTRICT for payment of any accrued unpaid interest. Any disputes regarding invoice payments which cannot be resolved by the appropriate department of the DISTRICT shall be concluded by final written decision of the DISTRICT Leadership Team not later than sixty (60) days after the date on which the proper invoice was received by the DISTRICT. 3.4 Unless otherwise stated herein, the DISTRICT shall not pay for any obligation or expenditure made by the ENTITY prior to the commencement date of this AGREEMENT. ARTICLE 4 - PROJECT MANAGEMENT/ NOTICE 4.1 The parties shall direct all technical matters arising in connection with the performance of this AGREEMENT, other than invoices and notices, to the attention of the respective Project Managers specified on the cover/signature page of the AGREEMENT for attempted resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this AGREEMENT. The ENTITY shall direct all administrative matters, including invoices and notices, to the attention of the DISTRICT's Contract Specialist specified on the cover/signature page of the AGREEMENT. All formal notices between the parties under this AGREEMENT shall be in writing and shall be deemed received if sent by certified mail, return receipt requested, to the respective addresses specified on the cover/signature page of the AGREEMENT. The ENTITY shall also provide a copy of all notices to the DISTRICT's Project Manager. All notices required by this AGREEMENT shall be considered delivered upon receipt. Should either party change its address, written notice of such new address shall promptly be sent to the other party. All correspondence to the DISTRICT under this AGREEMENT shall reference the DISTRICT's Contract Number specified on the cover/signature page of the AGREEMENT. ARTICLE 5 - INDEMNIFICATION & INSURANCE 5.1 For value received, which is hereby acknowledged, the ENTITY shall defend, indemnify, save, and hold the DISTRICT, its officers, directors, board members, agents, assigns, and employees harmless from liabilities, damages, losses and costs, including, but not limited to reasonable attorneys' fees, to the extent caused by the negligence, recklessness or intentionally wrongful conduct of the ENTITY and other persons employed or utilized by the ENTITY in the performance of the AGREEMENT. The DISTRICT shall have the right to approve counsel selected by the ENTITY to defend the DISTRICT in Page 2 of 9, Exhibit "B" Contract File:\entity.doc AGENDA ITEM SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT GENERAL TERMS AND CONDITIONS the event the DISTRICT is named in any legal action. The ENTITY further acknowledges that it is solely responsible for ensuring its compliance and the compliance of its subcontractors, suppliers, agents, assigns, invitees and employees with the terms of this AGREEMENT. This paragraph shall survive the expiration or termination of this AGREEMENT. 5.2 The ENTITY shall procure and maintain, through the term of this AGREEMENT, insurance coverage reflecting, at a minimum, the limits and coverage conditions identified on the DISTRICT's Insurance Requirements, attached as Exhibit "H" and made a part of this AGREEMENT. The coverage required shall extend to all employees and subcontractors of the ENTITY. Prior to the execution of this AGREEMENT, the ENTITY shall provide a Certificate of Insurance for such coverage to the DISTRICT for approval, indicating the producer, insured, carrier's name, and BEST rating, policy numbers and effective and expiration dates of each type of coverage required. The Certificate of Insurance shall be signed by the insurance carrier's authorized representative and shall identify the DISTRICT as added insured as required. 5.3 All insurers must be qualified to lawfully conduct business in the State of Florida. Failure of the DISTRICT to notify the ENTITY that the certificate of insurance does not meet the AGREEMENT requirements shall not constitute a waiver of the ENTITY's responsibility to meet the stated requirement. In addition, receipt and acceptance of the certificate of insurance by the DISTRICT shall not relieve the ENTITY from responsibility for adhering to the insurance limits and conditions of insurance required within this AGREEMENT. Misrepresentation of any material fact, whether intentional or not, regarding the ENTITY's insurance coverage, policies or capabilities, may be grounds for termination of the AGREEMENT as determined solely by the DISTRICT ARTICLE 6 - TERMINATION/REMEDIES 6.1 It is the policy of the DISTRICT to encourage good business practices by requiring contractors to materially perform in accordance with the terms and conditions of the DISTRICT AGREEMENT. In accordance with DISTRICT Rule 40E-7, Part It, F.A.C., "material breach" is defined as any substantial, unexcused non- performance by failing to perform an act that is an important part of the transaction or performing an a~t inconsistent with the terms and conditions of the AGREEMENT. If the ENTITY materially fails to fulfill its obligations under this AGREEMENT, the DISTRICT will provide written notice of the deficiency by forwarding a Cure Notice citing the specific nature of the material breach. The ENTITY shall have thirty (30) days to cure the breach. If the ENTITY fails to cure the breach within the thirty (30) day period, the DISTRICT shall issue a Termination for Default Notice. Once the DISTRICT has notified the ENTITY that it has materially breached its AGREEMENT with the DISTRICT, by sending a Termination for Default Notice, the DISTRICT's Governing Board shall determine whether the ENTITY should be suspended from doing future work with the DISTRICT, and if so, for what period of time. The DISTRICT's Governing Board will consider the factors detailed in Rule 40E- 7, Part II, F.A.C. in making a determination as to whether a ENTITY should be suspended, and if so, for what period of time. Should the DISTRICT terminate for default in accordance with this provision, the DISTRICT shall be entitled to recover reprocurement costs in addition to all other remedies under law and/or equity. 6.2 The DISTRICT may terminate this AGREEMENT with or without cause at any time for convenience upon thirty (30) calendar days prior written notice to the ENTITY. The performance of work under this AGREEMENT may be terminated by the DISTRICT in accordance with this clause in whole, or from time to time in part, whenever the DISTRICT shall determine that such termination is in the best interest of the DISTRICT. Any such termination shall be effected by delivery to the ENTITY of a Notice of Termination specifying the extent to which performance of work under the AGREEMENT is terminated, and the date upon which Page 3 of 9, Exhibit "B" Contract File:\entity.doc SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS such termination becomes effective. In the event of termination for convenience, the DISTRICT shall compensate the ENTITY for all authorized and accepted deliverables completed through the date of termination in accordance with Exhibit "C", Statement of Work. The DISTRICT shall be relieved of any and all future obligations hereunder, including but not limited to lost profits and consequential damages, under this AGREEMENT. The DISTRICT may withhold all payments to the ENTITY for such work until such time as the DISTRICT determines the exact amount due to the ENTITY. 6.3 In the event a dispute arises which the project managers cannot resolve between themselves, the parties shall have the option to submit to non-binding mediation. The mediator or mediators shall be impartial, shall be selected by the parties, and the cost of the mediation shall be borne equally by the parties. The mediation process shall be confidential to the extent permitted by law. 6.4 The DISTRICT may order that all or part of the work stop if circumstances dictate that this action is in the DISTRICT's best interest. Such circumstances may include, but are not limited to, unexpected technical developments, direction given by the DISTRICT's Governing Board, a condition of immediate danger to DISTRICT employees, or the possibility of damage to equipment or property. This provision shall not shift responsibility for loss or damage, including but not limited to, lost profits or consequential damages sustained as a result of such delay, from the ENTITY to the DISTRICT. If this provision is invoked, the DISTRICT shall notify the ENTITY in writing to stop work as of a certain date and specify the reasons for the action, which shall not be arbitrary or capricious. The ENTITY shall then be obligated to suspend all work efforts as of the effective date of the notice and until further written direction from the DISTRICT is received. Upon resumption of work, if deemed appropriate by the DISTRICT, the DISTRICT shall initiate an amendment to this AGREEMENT to reflect any changes to Exhibit "C", Statement of Work and/or the project schedule. 6.5 The DISTRICT anticipates a total project cost as indicated on the cover/signature page, with the balance of matching funds and/or in-kind services to be obtained from the ENTITY in the amount as specified on the cover/signature page of this AGREEMENT. In the event such ENTITY matching funding and/or in-kind services becomes unavailable, that shall be good and sufficient cause for the DISTRICT to terminate the AGREEMENT pursuant to Paragraph 6.2 above. ARTICLE 7 - RECORDS RETENTION/ OWNERSHIP 7.1 The ENTITY shall maintain records and the DISTRICT shall have inspection and audit rights as follows: A. Maintenance of Records: The ENTITY shall maintain all financial and non-financial records and repons directly or indirectly related to the negotiation or performance of this AGREEMENT including supporting documentation for any service rates, expenses, research or repons. Such records shall be maintained and made available for inspection for a period of five years from completing performance and receiving final payment under this AGREEMENT. B. Examination of Records: The DISTRICT or its designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this AGREEMENT. Such examination may be made only within five years from the date of final payment under this AGREEMENT and upon reasonable notice, time and place. C. Extended Availability of Records for Legal Disputes: In the event that the DISTRICT should become involved in a legal dispute with a third party arising from performance under this AGREEMENT, the ENTITY shall extend the period of maintenance for all records relating to the AGREEMENT until the final disposition of the legal dispute, and all such records shall be made readily available to the DISTRICT. 7.2 The DISTRICT shall retain exclusive title, copyright and other proprietary rights in all work items, including but not limited to, all documents, technical Page 4 of 9, Exhibit "B" Contract File:\entity.doc AG£N0,~ IT£1~ PG. SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS reports, research notes, scientific data, computer programs, including the source and object code, which are developed, created or otherwise originated hereunder by the ENTITY, its subcontractor(s), assign(s), agent(s) and/or successor(s) as required by the Exhibit "C", Statement of Work (the "Work"). In consideration for the DISTRICT entering into this AGREEMENT, and other good and valuable consideration the sufficiency and receipt in full of which is hereby acknowledged by the ENTITY, the ENTITY hereby assigns, transfers, sells and otherwise grants to the DISTRICT any and all rights it now has or may have in the Work (the "Grant"). This Grant shall be self-operative upon execution by the parties hereto, however the ENTITY agrees to execute and deliver to the DISTRICT any further assignments or other instruments necessary to evidence the Grant, without the payment of any additional consideration by the DISTRICT. The ENTITY may not disclose, use, license or sell any work developed, created, or otherwise originated hereunder to any third party whatsoever. This paragraph shall survive the termination or expiration of this AGREEMENT. 7.3 The ENTITY represents and warrants that proprietary software, if any, to be provided to the DISTRICT by the ENTITY hereunder, as specifically identified in Exhibit "C", Statement of Work shall have been developed solely by or for the ENTITY, or lawfully acquired under license from a third party, including the right to sublicense such software. The ENTITY shall include copyright or proprietary legends in the software and on the label of the medium used to transmit the software. The ENTITY shall grant to the DISTRICT a perpetual, non-transferable, non-exclusive right to use the identified software without an additional fee. The DISTRICT acknowledges that title to the software identified in Exhibit "C" shall remain with the Licensor. 7.4 Any equipment purchased by the ENTITY with DISTRICT funding under this AGREEMENT shall be returned and title transferred from the ENTITY to the DISTRICT immediately upon termination or expiration of 'this AGREEMENT upon the written request of the DISTRICT not less than thirty (30) days prior to AGREEMENT expiration or termination. Equipment is hereby defined as any non-consumable items purchased by the DISTRICT with a value equal to or greater than $500.00 and with a normal expected life of one (1) year or more. The ENTITY will maintain any such equipment in good working condition while in its possession and will return the equipment to the DISTRICT in gbod condition, less normal wear and tear. The ENTITY will use its best efforts to safeguard the equipment throughout the period of performance of this AGREEMENT. However the DISTRICT will not hold the ENTITY liable for loss or damage due to causes beyond the ENTITY's reasonable control. In the event of loss or damage, the ENTITY shall notify the DISTRICT in writing within five (5) working days of such occurrence. 7.5 The DISTRICT has acquired the right to use certain software under license from third parties. For purposes of this AGREEMENT, the DISTRICT may permit the ENTITY access to certain third party owned software on DISTRICT computer systems. The ENTITY acknowledges the proprietary nature of such software and agrees not to reproduce, distribute or disclose such software to any third party. Use of or access to such software shall be restricted to designated DISTRICT owned systems or equipment. Removal of any copy of licensed software is prohibited. ARTICLE 8 - STANDARDS OF COMPLIANCE 8.1 The ENTITY, its employees, subcontractors or assigns, shall comply with ali applicable federal, state, and local laws and regulations relating to the performance of this AGREEMENT. The DISTRICT undertakes no duty to ensure such compliance, but will attempt to advise the ENTITY, upon request, as to any such laws of which it has present knowledge. 8.2 The ENTITY hereby assures that no person shall be discriminated against on the grounds of race, color, creed, national origin, handicap, age, or sex, in any activity under this AGREEMENT. The ENTITY shall take all measures necessary to effectuate these assurances. 8.3 The laws of the State of Florida shall govern all Page 5 of 9, Exhibit "B' I AGENDA ITE~, ,~ Contract File:\entity.do 01~_/04 /~, ~ (~ 0 9 2OO PG. __ .~:' ~' SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS aspects of this AGREEMENT. In the event it is necessary for either party to initiate legal action regarding this AGREEMENT, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims which are justiciable in federal court. 8.4 The ENTITY, by its execution of this AGREEMENT, acknowledges and attests that neither it, nor any of its suppliers, subcontractors, or consultants who shall perform work which is intended to benefit the DISTRICT is a convicted vendor or has been placed on the discriminatory vendor list. If the ENTITY or any affiliate of the ENTITY has been convicted of a public entity crime or has been placed on the discriminatory vendor list, a period longer than 36 months has passed since that person was placed on the convicted vendor or discriminatory vendor list. The ENTITY further understands and accepts that this AGREEMENT shall be either void by the DISTRICT or subject to immediate termination by the DISTRICT, in the event there is any misrepresentation or lack of compliance with the mandates of Section 287.133 or Section 287.134, respectively, Florida Statutes. The DISTRICT, in the event of such termination, shall not incur any liability to the ENTITY for any work or materials furnished. project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the ENTITY assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the ENT1TY. 8.7.1 Pursuant to Sections 119.07(3)(o), and 240.241 Florida Statutes, data processing software obtained by an agency under a license agreement which prohibits its disclosure and which software is a trade secret, as defined in Sections 812.081(c), Florida Statutes is exempt from the disclosure provisions of the Public Records law. However, the parties hereto agree that if a request is made of the DISTRICT, pursuant to Chapter 119, Florida Statute, for public disclosure of proprietary property being licensed to the ENTITY (Licensee) hereunder, the DISTRICT shall advise the ENTITY (Licensee) of such request and, as between the DISTRICT and the ENTITY (Licensee), it shall be the ENTITY's (Licensee's) sole burden and responsibility to immediately seek and obtain such injunctive or other relief from the Courts and to immediately serve notice of the same upon the Licensor to protect the Licensor's claimed exemption under the Statute. 8.5 The ENTITY shall be responsible and liable for the payment of all of its FICA/Social Security and other applicable taxes resulting from this AGREEMENT. 8.6 The ENTITY warrants that it has not employed or retained any person, other than a bona fide employee working solely for the ENTITY, to solicit or secure this AGREEMENT. Further the ENTITY warrants that is has not paid or agreed to pay any person, other than a bona fide employee working solely for the ENTITY, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the awarding or making of this AGREEMENT. For breach of this provision, the DISTRICT may terminate this AGREEMENT without liability and, at its discretion, deduct or otherwise recover the full amount of such fee, commission, percentage, gift, or other consideration. 8.7 The ENTITY shall allow public access to all 8.8 The ENTITY shall make reasonable efforts to obtain any necessary federal, state, local, and other governmental approvals, as well as all necessary private authorizations and permits, prior to the commencement of performance of this AGREEMENT. A delay in obtaining permits shall not give rise to a claim by the ENTITY for additional compensation. If the ENTITY is unable to obtain all necessary permits in a timely manner, either party may elect to terminate this AGREEMENT, each party to bear its own costs, notwithstanding other provisions of this AGREEMENT to the contrary. 8.9 Pursuant to Section 216.347, ES., the ENTITY is prohibited from the expenditure of any funds under this AGREEMENT to lobby the Legislature, the judicial branch or another state agency. 8.10 The DISTRICT is a governmental entity responsible for performing a public service and therefore has a legitimate interest in promoting the Page 6 of 9, Exhibit "B" t AG£ND~ I T£~,~ Contract File:\entity. c 01/02/04 [ MAR 0 9 2 SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS goals and objectives of the agency. The work under this AGREEMENT involves a project consistent with these goals and objectives. Consequently, the DISTRICT is desirous of satisfactorily completing and successfully promoting this project with the cooperation of its ENTITY. Therefore, as the DISTRICT'S ENTITY for this project, the ENTITY assures the DISTRICT that the ENTITY, its employees, subcontractors and assigns will refrain from acting adverse to the DISTRICT'S legitimate interest in promoting the goals and objectives of this project. The ENTITY agrees to take all reasonable measures necessary to effectuate these assurances. In the event the ENTITY determines it is unable to meet or promote the goals and objectives of the project, it shall have the duty to immediately notify the DISTRICT. Upon such notification the DISTRICT, in its discretion, may terminate this AGREEMENT. ARTICLE 9 - RELATIONSHIP BETWEEN THE PARTIES 9.1 The ENTITY shall be considered an independent contractor and neither party shall be considered an employee or agent of the other party. Nothing in this AGREEMENT shall be interpreted to establish any relationship other than that of independent contractor between the parties and their respective employees, agents, subcontractors, or assigns during or after the performance on this AGREEMENT. Both parties are free to enter into contracts with other parties for similar services. 9.2 In the event that the ENTITY is providing staff who will be working on-site at DISTRICT facilities, it is further understood that the ENTITY shall be the employer of the staff provided pursuant to the AGREEMENT for all purposes under state and federal law and that the ENTITY'$ staff shall not be eligible for any benefit programs the DISTRICT offers to its employees. All benefits available to the ENTITY's staff shall be exclusively provided by the ENTITY or by the ENTITY's employee. The ENTITY is solely responsible for compliance with all labor and tax laws pertaining to officers, agents and ENTITY employees and shall indenmify and hold the DISTRICT harmless from any failure by the ENTITY to comply with such laws. The ENTITY's duties with respect to such personnel shall include, but are not limited to, the following: 9.2.1 Billing, collection, payroll services and tax withholding, and any other related services 9.2.2 Providing insurance coverage pursuant to Article 5 of this AGREEMENT. 9.2.3 Providing any and all employment benefits, including, but not limited to, annual leave, sick leave, paid holidays, health insurance, retirement benefits and disability insurance. 9.2.4 Complying with the Fair Labor Standards Act, 29 U.S.C. 201, et.seq., including payment of overtime in accordance with the Act. 9.2.5 Providing employee training for all activities necessary for job performance, except those functions that are unique to the DISTRICT, in which event, the DISTRICT, in its sole judgment and discretion, may provide training. 9.3 It is the intent and understanding of the Parties that this AGREEMENT is solely for the benefit of the ENTITY and the DISTRICT. No person or entity other than the ENTITY or the DISTRICT shall have any rights or privileges under this AGREEMENT in any capacity whatsoever, either as third-party beneficiary or otherwise. 9.4 The ENTITY shall not assign, delegate, or otherwise transfer its rights and obligations as set forth in this AGREEMENT without the prior written consent of the DISTRICT. Any attempted assignment in violation of this provision shall be void. 9.5 The ENTITY shall not pledge the DISTRICT's credit or make the DISTRICT a guarantor of payment or surety for any contract, debt, obligation, judgement, lien, or any form of indebtedness. 9.6 The DISTRICT assumes no duty with regard to the supervision of the ENTITY and the ENTITY shall remain solely responsible for compliance with all safety requirements and for the safety of all persons and property at the site of contract performance. Page 7 of 9, Exhibit "B" Contract File:\entity.doc[ L PG.~ . SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS ARTICLE 10 - MBE PARTICIPATION 10.1 The ENTITY hereby acknowledges that no Minority Business Enterprises (MBE) participation level has been established for this AGREEMENT; however, both parties agree to provide the other advance notice of competitive contracts that may result from this AGREEMENT along with timelines for public notice and award of such contracts. In the event subsequent competitive contract awards do result in MBE participation, such participation shall be reported to the other party. Both the ENTITY and the DISTRICT will ensure compliance with the provisions of their respective program, laws, ordinances and policies and will support the other's initiatives to the extent allowed by law. ARTICLE 11 - GENERAL PROVISIONS 11.1 Notwithstanding any provisions of this AGREEMENT to the contrary, the parties shall not be held liable for any failure or delay in the performance of this AGREEMENT that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of Government, riots, civil commotion, force majeure, act of God, or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the parties. Failure to perform shall be excused during the continuance of such circumstances, but this AGREEMENT shall otherwise remain in effect. This provision shall not apply 'if the "Statement of Work" of this AGREEMENT specifies that performance by ENTITY is specifically required during the occurrence of any of the events herein mentioned. 11.2 Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the following order: (a) Exhibit "A" Special Provisions, if applicable (b) Exhibit "B" General Terms and Conditions (c) Exhibit "C" Statement of Work (d) all other exhibits, attachments and documents specifically incorporated herein by reference 11.3 Failures or waivers to insist on strict performance of any covenant, condition, or provision of this AGREEMENT by the parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other party from performing any subsequent obligations strictly in accordance with the terms of this AGREEMENT. No waiver shall be effective unless in writing and signed by the party against whom enforcement is sought. Such waiver shall be limited to provisions of this AGREEMENT specifically refer~ed to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 11.4 Should any term or provision of this AGREEMENT be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this AGREEMENT, to the extent that the AGREEMENT shall remain operable, enforceable and in full force and effect to the extent permitted by law. 11.5 This AGREEMENT may be amended only with the written approval of the parties hereto. 11.6 This AGREEMENT states the entire under- standing and agreement between the parties and supersedes any and all written or oral representations, statements, negotiations, or agreements previously existing between the parties with respect to the subject matter of this AGREEMENT. The ENTITY recognizes that any representations, statements or negotiations made by DISTRICT staff do not suffice to legally bind the DISTRICT in a contractual relationship unless they have been reduced to writing and signed by an authorized DISTRICT representative. This AGREEMENT shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. ARTICLE 12 - SAFETY REQUIREMENTS 12.1 The ENTITY shall require appropriate personal protective equipment in all operations where there is exposure to hazardous conditions. Page 8 of 9, Exhibit "B" Contract File:\entity.doc SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS 12.2 The ENTITY shall instruct employees required to handle or use toxic materials or other harmful substances regarding their safe handling and use, including instruction on the potential hazards, personal hygiene and required personal protective measures. A Material Safety Data Sheet (MSDS) shall be provided by the ENTITY to the DISTRICT on each chemical product used. 12.3 The ENTITY shall comply with the standards and regulations set forth by the Occupational Safety and Health Administration (OSHA), the Florida Department of Labor and Employment Security and all other appropriate federal, state, local or DISTRICT safety and health standards. 12.4 It is the ENTITY'S sole duty to provide safe and healthful working conditions to its employees and those of the DISTRICT on and about the site of AGREEMENT performance. 12.5 The ENTITY shall initiate and maintain an accident prevention program which shall include, but shall not be limited to, establishing and supervising programs for the education and training of employees in the recognition, avoidance, and prevention of unsafe conditions and acts. 12.6 The ENTITY shall erect and maintain, as required by existing conditions and performance of the AGREEMENT, reasonable safeguards for safety and protection, including posting of danger signs and other warnings, against hazards. 12.7 The ENTITY shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury, or loss to: 12.7.1 employees on the work and other persons who may be affected thereby; including pedestrians, visitors, or traveling public; 12.7.2 the work, materials, and equipment to be incorporated therein; whether in storage on or off the site, under care, custody or control of the ENTITY, or the ENTITY's subcontractors; and and equipment not designated for removal, relocation or replacement in the course of work. 12.8 The ENTITY shall provide first aid services and medical care to its employees. 12.9 The ENTITY shall develop and maintain an effective fire protection and prevention procedures and good housekeeping practices on the work site throughout the AGREEMENT. 12.10 Emergencies: In emergency affecting safety of persons or property on or about the site or as a result of the work; the ENTITY shall act, timely and with due diligence, to prevent threatened damage, injury, or loss. 12.11 Environmental: When the ENTITY, ENTITY's contractors, or subcontractors, use petroleum products, hazardous chemicals, or any other chemicals used on or about the site, the ENTITY shall be responsible for handling these chemical constituents in accordance with federal, state and local regulations during the terms of the AGREEMENT. For accidental discharges or releases onto the floor, air, ground, surface waters, ground waters, it shall be the ENTITY's sole responsibility to respond immediately to clean the site, at his expense, to the complete satisfaction of federal, state, local regulatory agencies and to the DISTRICT requirements. 12.12 The DISTRICT may order the ENTITY to halt operations under the AGREEMENT, at the ENTITY's expense, if a condition of immediate danger to the public and/or DISTRICT employees, equipment, or property exist. This provision shall not shift the responsibility or risk of loss for injuries or damage sustained from the ENTITY to the DISTRICT; and the ENTITY shall remain solely responsible for compliance with all federal, state and local safety requirements, provisions of this section, and safety of all persons and property on or about the site. 12.7.3 other properties at the site or adjacent thereto; such as trees, shrubs, lawns, walks, utilities, pavement, roadways, structures, building, vehicles, Page 9 of 9, Exhibit "B" Contract File:\entity.lc AG£1~DA IT£1q HAR 0 9 200 : EXHIBIT "C" STATEMENT OF WORK DETAILED DESCRIPTION OF PROJECr Collier County Manatee Road Aquifer Storage and Recovery System Expansion 1.0 INTRODUCTION Collier County is requesting funding to expand its aquifer storage and recovery (ASR) system. The ASR system serves several purposes: 1) it enhances the existing public water supply, 2) protects sensitive freshwater sources during critical dry months, 3) has allowed the County to delay costly treatment facil!ty expansions, 4) and contributes to the long-term reliability of the County's public water system. Background Rapid growth and a high dry-season demand for potable and non-potable water have stressed Collier County's sensitive freshwater aquifers. In 1999, Collier County finished construction of its first ASR well system at the Manatee Road site to help meet the County's water supply needs. The 1 million gallon per day (MGD) system works by pumping potable water from the water treatment plant during periods of low demand into the Hawthorn Aquifer Zone II, which is located between 465 and 525 feet below land surface at the site. This brackish aquifer serves as underground storage for the potable water. ASR is increasingly being r .ecognized as an effective tool for managifig water resources in South Florida. ASR technology works by storing potable water in an underground aquifer during times when excess water is available. The treated, potable water displaces the brackish, native water and forms a "bubble" of stored water in the aquifer. Then, at times when demand exceeds the plant's capacity, the potable water is recovered from the aquifer, disinfected, and used to meet residential and commercial customer needs. The storage of water in an aquifer below ground has a number of advantages over conventional storage methods. When utilizing ASR, storage space is available at a relatively low cost, project locations can be selected where convenient, subject to favorable hydrogeologic conditions, evaporative losses are minimized, and underground storage helps to provide protection from contamination. The success of the Manatee Road ASR system was proven under emergency conditions caused by a drought in Collier County in 2001. Collier County was able to successfully meet its water resource needs during this critical time by withdrawing water from the Manatee Road ASR system at an annual recovery rate greater than 100 AG[ NOA IT£N 0 9 200 Exhibit "C" Agreement No. DG040617 Page I of 8 PCa ....~ ' ' - ' ~ percent. Collier County plans to expand the Manatee Road ASR system to further address water availability issues, reduce stress on area aquifers, and decrease the potenti al for saltwater intrusion into the County's freshwater aquifers. 2..0 PROJECT SCOPE The existing Manatee Road ASR system consists of one ASk well equipped with a vertical turbine pump, wellhead equipment, and a re-chlorination system for the recovered water. Five monitor wells tapping various aquifers have also been installed. The monitor wells are used to collect water level and water quality data at the site. The purpose of this project is to expand the Manatee Road ASR system 'by adding two ASR wells, wellhead equipment, and attendant piping. A re-chlorination facility and two additional ASR wells with attendant facilities will be constructed during a later phase. In addition, a 6 million gallon above ground storage tank will be installed at the Manatee Road site. 3.0 WORK BREAKDOWN STRUCTURE The success of the existing ASR facility has prompted the County to move forward with plans for expansion of the Manatee Road ASR system. Recommendations to consider ASR facilities are included as part of the County's 2001 Water Master Plan. 3.1 Description of Project Elements The project consists of two tasks: 1) construction and 2) operational start-up and testing. A description of these tasks is provided. 3.1.1 Construction Activities The Collier County Manatee Road ASR system will be expanded by the installat/on of two recharge and recovery wells, designated ASR-2 and ASR-3, which will each have a design capacity of 1.5 MGD. All well construction and testing will be conducted in accordance to FDEP and SFWMD rules. The well testing program will include geophysical logging of the borehole prior to setting the final casing string and the open hole interval and the performance of a step-drawdown test. Wells ASR-2 and ASR-3 will be similar in construction to the existing recharge and recovery well ASR-1. The total and cased depths of the wells will be approximately 530 and 470 feet below land surface (bls), respectively, and will be completed with an o >en hole construction. The wells will be constructed of 12-inch diameter SDR-17 P and expanded to 16-inches in diameter at a depth of 140 feet bls in order to accommo ate~O. /,~ ~-//' [ MAR o9 2oo I a submersible pump. The wellhead and instrumentation for ASR-2 and ASR -3 will also be similar to those of ASR-1. Figure 1 illustrates the ASR well construction details and local geology. A well site layout is provided as Figure 2. Surface construction tasks that will be completed to allow for operational testing will include the following: 1) injection/recovery water transmission main construction, 2) filter, pumps, and valving purchase and installation, 3) instrumentation and controls purchase and installation, and 4) electrical system construction. Upon the completion of construction activities, a certificate of completion for the wellfield and raw water transmission facilities will be prepared. Record drawings of the new facilities will be developed. 3.1.2 Operational Start-up and Testing A systems checkout consisting of the troubleshooting of equipment and instrumentation installed as part of the project will be conducted. Start-up operational tests will also be conducted to evaluate the performance of the newly constructed facilities. ASR-2 and ASR-3 will be installed within the freshwater storage zone of the existing ASR well. The new wells will therefore be immediately brought into normal operation, as opposed to conducting cycle testing. The performance of the wells will be monitored for a one-year period after which a request will be made for an FDEP Authorization to use. 3.2 Project Justification and Cost/Benefit Analysis Planning projections indicate that by the year 2005, maximum daily demands for water in Collier County will increase by almost 8 MGD to 39 MGD. This project provides an economical means for the County to capture a previously unused resource. By taking advantage of seasonal cycles, the ASR system will harness millions of gallons of freshwater and system capacity that would previously have been wasted. The water will be safely stored in a brackish aquifer until needed. This prc;ject will increase the availability of water at a time when it is most needed without stressing freshwater sources. It will also help Collier County meet the objectives of its Water Supply Master Plan. The existing ASR system proved itself during drought conditions in the year 2001 by managing an annual recovery rate of more than 100 percent. Expansion of this ASR system is essential to meeting the water demands of one of the fastest-growing areas in the country, and is an important element of long-term water management. 3.3 Potential for Significant and Lasting Benefits Exhibit "C" Agreement No. DG040617 P@ge3 of 8 AG£1~O& ITE~ MAR 0 9 201 Expansion of the ASR system will have significant and lasting benefits for Collier County. The project will · provide a means to meet the potable demands for current and future Collier County customers, · provide a means to conserve freshwater resources, · minimize the threat of saltwater intrusion by reducing wellfield stress during the dry season, · reduce potential seasonal stress on wetland vegetation, · reduce the need for water system expansion, and · support regional water management strategies. 4.O PROJECT COST The cost for the const:ruction of the two ASR wells, wellhead equipment, and attendant piping is estimated to be approximately $1,260,100. Estimated construction costs are based on historic unit prices and contractor estimates. A cost breakdown for the project is provided in the following table. Please note that the costs presented are conservative. Lower prices may be obtained for some items, such as well installation, through competitive bidding. Collier County has budgeted funding in Fiscal Year 2004 for 100 percent of the project costs. A copy of the financial commitment from Collier County is included in the Funding Proposal section of this application. Construction cost estimates for the Manatee Road ASI1 Ex' .............. ~ ~,...,z,~. ~.-.,~,J~.~ull. _r.rol~C[ Units Price/Units Total Price 20" ductile iron pipe 640 ft $8(3 $51,20¢ 12" ductile iron pipe 1000 ft $55 $55,00~ 8" ductile iron pipe 700 ft $35 $24,50¢ Chemical piping (incl. secondary containment) 250 ea. $4C $10,000 Chemical equipment 1 ea. $50,00C $50,00( Wells 2 ea. $260,00C $520,00( Wellheads (including fence) 2 ea. $60,000 $120,00C Instrumentation 1 ea. $160,000 $160,000 Electrical 1 ea. $105,00( $105,000 Subtotal $1,095,70( Contingencies (15%) $164,40f Total $1,260,10C Exhibit "C" Agreement No. DG040617 Page 4of 8 AGENDA ITEM 0 9 200 5.0 LOCATION OF THE PROJECT The .ASR facility is located at the South County Manatee Road water transfer and storage site. The site, which is owned by Collier County and zoned for public utility use, occupies approximately 43 acres on the south side of Manatee Road. Water storage, re-pump, and re-chlorination facilities currently exist at the site, which make it especially condudve for this project A project location map is induded as Figure 3. 6.0 DELrVERABLE SCHEDULE The following table provides a project schedule. Collier Cotmty plans to complete the construction phase of this project within 12 months from the date of execution o.f agreement with the SFWMD. The request for support shall be applied only for the payment of capital or in_r-r~trucmre costs for the cortstruction of alternative water supply systems that provide alternative water supply methodology. Completion of tl',e project, including operational start-up and tesdng, is esfitm'~ted to take 24 months. Task Number i Task Description Stall Date End Date 1 Construction --C~cbc r ~ Exhibit "C" Agreement No. DG040617 Page 5of 8 AC,~ NDA ~o. /~d- ~/,, MAR 0 9 20fO P6o~ J3 0 0 0 0 (23 0 :IC~¥--.IWNS CIN'd-I MO93B 'J.33_-I NI 'Hid:ICI Exhibit "C" Agreement No. DG040617 Page 6of 8 AC.~NOA IT£# / HAR 0 9 20~0~ PG..,. Exhibit "C" Agreement No. DG040617 Page7of 8 PG._.:_ "' 5~ Exhibit "C" Agreement No. DG040617 PageSof 8 0 ,,,J EXHIBIT "D" SUMMARY SCHEDULE OF TASKS AND DELIVERABLES · A summary deliverable schedule associated with this project is set forth below. The schedule is based on a one year agreement. · All deliverables submitted hereunder are subject to review by the District. Due dates for all deliverables are based on the number of weeks from the date of agreement execution. The Contractor hereby agrees to provide the District all deliverables, data and information described in the Statement of Work in writing. · Payment shall be made following receipt and acceptance by the District of project deliverables in accordance with the schedule set forth below. Total payment by the District for all work completed herein shall not exceed the amount of $,100,000.00. All payments are subject to District fiscal year appropriations. 1 Construction of Manatee Road ASR System Expansion 5"9,. .... Total [ $ 100,000.00 Exhibit "D" Agreement No. DG040617 Page 1 of 1 MAR o 9 zoo ',-,, SOUTH FLORIDA WATER MANAGEMENT DISTRICT 3301 Gun Club Road, West Palm Beach, Florida 33406 · (561) 686-8800 · FL WATS 1-800-432-2045 * TDD (561) 697-2574 Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416-4680 · www. sfwmd.gov ADM 28-06 February 18, 2004 Mr. James W. Delony, P.E. Collier County Water Sewer District 3301 East Tamiami Trail Bldg H, 3'a Floor Naples, Florida 34112 Subject: Contract No. DG040612 10 Year Water Supply Facility Work Plan Dear Mr. Delony: Enclosed are two (2) copies of the subject contract. Please have them signed by an individual with signature authority on behalf of your organization. Return both copies to my attention. Do not date the documents; a full),' signed and dated contract will be returned to you upon execution by the District. Kindly return the executed documents within ten (10) business days. Please include documentation to demonstrate official delegation of signature authority on behalf of your firm up to the contract monetary limits. Note that this contract is not binding on the parties until it is approved by the appropriate level of authority within the District and executed by both parties. Your cooperation and timely response will be greatly appreciated. Should there be any questions, please contact me at (561) 682-2536. Sincerely, Penelope Burger Associate Contract Specialist Procurement Department /kr Enclosure c: w/attachment Ananta Nath, 7440 ~0 VEI?~/LVG BOARD Nicolfis J. Guti~Srrez, }r., Esq., ? Pamela Brooks-Thomas, l t?c-Chm? Irela M. Bagu~ Michael Collins Hugh M. English Lennart E. Lindahl, P.E. S3[ll-itJ./l I ..[ ! I ;'r'1,2 .......... . Kevin McCarty Harkley R. Thornton Trudi K. Williams, P.E. ~ A~NOA I T£~I/~)_ NAR 0 9 200{ '- UKIL IN L O SOUTH FLORIDA WATER MANAGEMENT DISTRICT AGREEMENT '~"'VHE SOUTH FLORIDA WATER MANAGEMENT >ISTRICT (hereinafter referred to as DISTRICT) HEREBY ENTERS INTO THIS AGREEMENT WITH: N a me: COLLIER COUNTY WATER SEWER DISTRICT Address: 3301 East Tarmami Trail Bldg. 'H', 3'a Floor Naples, FL. 34112 Project Manager: James W. Delony, P.E. Telephone No: (239) 732-2540 Fax No: (239) 732- 2526 Hereinafter referred to as: ENTITY This number must appear on all Invoices and Correspondence DG040612 MBE PARTICIPATION: 0% PROJECT TITLE: 10-YEAR WATER SUPPLY FACILITY WORK PLAN The following Exhibits are attached hereto and made a part of this AGREEMENT: Exhibit"A" - Special Provisions Exhibit "H" - Not Applicable Exhibit "B" - General Terms and Conditions Exhibit "C" - Statement of Work Exhibit "D" - Payment and Deliverable Schedule Exhibit "E" - Not Applicable Exhibit "F" Not Applicable Exhibit "G" - Not Applicable Exhibit 'T' Exhibit "J" Exhibit "K" Exhibit "L" Exhibit "M" - Not Applicable - Not Applicable - Not Applicable - Not Applicable - Not Applicable TOTAL AGREEMENT AMOUNT: $35,700.00 Multi-Year Funding (If Applicable) Fiscal Year: 2004 Fiscal Year: Fiscal Year: *Subject to District Governing Board Annual Budget Approval AGREEMENT TYPE: Fiscal Year: Fiscal Year: Fiscal Year: Firm Fixed Price AGREEMENT TERM: 1 YEAR District Project Manager: Ananta Nath Telephone No: (239) 597-1505 Fax No. (239) 597-4987 SUBMIT INVOICES AND NOTICES TO THE DISTRICT AT: South Florida Water Management District 3301 Gun Club Road West Palm Beach, Florida 33406 Attention: Procurement Division-Notices IN WITNESS WHEREOF, the authorized representative hereby executes Conditions under which it is issued. COLLIER COUNTY Signature of Authorized Representative EFFECTIVE DATE: Last Date of Execution by the Parties Accepted District Contract Administrator: Penelope Burger (561) 682-2536 Fax No.: (561) 682-6397 or (561) 681-6275 tie: SUBMIT NOTICES TO THE ENTITY AT: COLLIER COUNTY WATER SEWER DISTRICT 3301 East Tamiami Trail Bldg. 'H', 3rd Floor Naples, FL. 34112 Attention: James W. Delony, P.E. ;y: this AGREEMENT on this date, and accepts all Terms and SOUTH FLORIDA WATER MANAGEMENT DISTRICT Accepted By: Date: ISFWMD , By: Frank Hayden, Procurement Director ~ICE OF COL~SEL~M~PROVED ~6~ENT APPRO Date: AGENDA MAR 0 9 200A. SOUTH FLORIDA WATER MANAGEMENT DISTRICT AGREEMENT EXHIBIT "A" SPECIAL PROVISIONS The purpose of this Exhibit "A" is to delineate any and all changes, deletions and/or additions to the Exhibit "B' General Terms & Conditions. In the event of any conflict between this Exhibit "A" and any other provision specified in this Agreement, this Exhibit "A" shall take precedence. ARTICLE '5 ~- Indemnification and insurance is hereby deleted in its entirety. SFWMD/QFFICE OF COUNSEL APPROVED By:/v/~//~ /2~~ Date: SFWM~/PROCUREMENT APPROVED Agreement No. DG040612 Exhibit "A" Special Provisions AG£ND~ PIAR 0 9 200~ , ,~...~ SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS ARTICLE 1 - STATEMENT OF WORK 1.1 The ENTITY shall, to the satisfaction of the DISTRICT, fully and timely perform all work items described in the "Statement of Work," attached hereto as Exhibit "C" and made a pan of this AGREEMENT. 1.2 As part of the services to be provided by the ENTITY under this AGREEMENT, the ENTITY shall substantiate, in whatever forum reasonably requested by the DISTRICT, the methodology, lab analytical examinations, scientific theories, data, reference materials, and research notes. [he ENTITY shall also be required to substantiate any and all work completed, including but not limited to, work completed by subcontractors, assistants, models, concepts, analytical theories, computer programs and conclusions utilized as the basis for the final work product required by the AGREEMENT. This paragraph shall survive the expiration or termination of this AGREEMENT. 1.3 The parties agree that time is of the essence in the performance of each and every obligation under this AGREEMENT. 1.4 In the event ENTITY employees or hired workers are authorized by Exhibit "C" to perform services on-site at DISTRICT facilities, the ENTITY hereby agrees to be bound by all applicable DISTRICT policies and standards of conduct listed in Attachment 1, "Contractor Policy Code Acknowledgement" to Exhibit "C" and shall require each individual performing such on-site work to execute the Attachment I form. It is the ENTITY's responsibility to advise its employees or hired workers of the nature of the project, as described in Exhibit "C". The ENTITY shall determine the method, details and means of performing the services, within the parameters established by Exhibit "C". The DISTRICT shall provide additional guidance and instructions to ENTITY's employees or hired workers where necessary or appropriate as determined by the DISTRICT. ARTICLE 2 - COMPENSATION/ CONSIDERATION 2.1 The total consideration for all work required by the DISTRICT pursuant to this AGREEMENT shall not exceed the amount as indicated on the cover/signature page of this AGREEMENT. Such amount includes all expenses which the ENTITY may incur and therefore no additional consideration shall be authorized. 2.2 The ENTITY assumes sole responsibility for all work which is performed pursuant to the Statement of Work, Exhibit "C". By providing funding hereunder, the DISTRICT does not make any warranty, guaranty, or any representation whatsoever regarding the correctness, accuracy, or reliability of any of the work performed hereunder. 2.3 The ENTITY by executing this AGREEMENT, certifies to troth-in-negotiation, specifically, that wage rates and other factual unit costs supporting the consideration are accurate, complete, and current at the time of contracting. The ENTITY agrees that the DISTRICT may adjust the consideration for this AGREEMENT to exclude any significant sums by which the consideration was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. The DISTRICT shall make any such adjustment within one (1) year following the expiration or termination of this AGREEMENT. ARTICLE 3 - INVOICING AND PROMPT PAYMENT 3.1 The ENTITY's invoices shall reference the DISTRICT's AGREEMENT Number and shall be sent to the DISTRICT's address specified on the cover/signature page of this AGREEMENT. The ENTITY shall not submit invoices to any other address at the DISTRICT. 3.2 The ENTITY shall submit the invoices on a completion of deliverable basis, pursuant to the schedule outlined in the Payment and Deliverable Schedule, attached hereto as Exhibit "D" and made a part of this AGREEMENT. In the event the schedule does not specify payment on a completion of deliverable basis, all invoices shall be substantiated by adequate supporting documentation to justify hours expended and expenses incurred within the not- to-exceed budget, including but not limited to, copies Page 1 of 9, Exhibit "B" SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS of approved timesheets, payment vouchers, expense reports(including approved travel costs, if applicable), receipts and subcontractor invoices. Any authorized travel shall be reimbursed in accordance with Chapter 112, Florida Statutes. 3.3 It is the policy of the DISTRICT that payment for all goods and services shall be made in a timely manner and that interest payments are made on late payments. In accordance with Florida Statutes, Section 218.70, Florida Prompt Payment Act, a "proper" invoice is defined as an invoice that conforms to all statutory requirements and all DISTRICT requirements as specified in the AGREEMENT for invoice submission. The time at which payment shall be due from the DISTRICT shall be forty-five (45) days from receipt of a proper invoice and acceptance of services and/or deliverables, based on compliance with the statutory requirements set forth in Section 218.70, F.S. and upon satisfaction of the DISTRICT conditions as detailed in the AGREEMENT. Failure of the ENTITY to follow the instructions set forth in the AGREEMENT regarding a proper invoice and acceptable services and/or deliverables may result in an unavoidable delay in payment by the DISTRICT. All payments due from the DISTRICT for a proper invoice and acceptable services and/or deliverables and not made within the time specified in this section shall bear interest from thirty (30) days after the due date at the rate of one percent (1%) per month on the unpaid balance. The ENTITY shall invoice the DISTRICT for payment of any accrued unpaid interest. Any disputes regarding invoice payments which cannot be resolved by the appropriate department of the DISTRICT shall be concluded by final written decision of the DISTRICT Leadership Team not later than sixty (60) days after the date on which the proper invoice was received by the DISTRICT. 3.4 Unless otherwise stated herein, the DISTRICT shall not pay for any obligation or expenditure made by the ENTITY prior to the .commencement date of this AGREEMENT. ARTICLE 4 - PROJECT MANAGEMENT/ NOTICE 4.1 The parties shall direct all technical matters arising in connection with the performance of this AGREEMENT, other than invoices and notices, to the attention of the .respective Project Managers specified on the cover/signature page of the AGREEMENT for attempted resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this AGREEMENT. The ENTITY shall direct all administrative matters, including invoices and notices, to the attention of the DISTRICT's Contract Specialist specified on the cover/signature page of the AGREEMENT. All formal notices between the parties under this AGREEMENT shall be in writing and shall be deemed received if sent by certified mail, return receipt requested, to the respective addresses specified on the cover/signature page of the AGREEMENT. The ENTITY shall also provide a copy of all notices to the DISTRICT's Project Manager. All notices required by this AGREEMENT shall be considered delivered upon receipt. Should either party change its address, written notice of such new address shall promptly be sent to the other party. All correspondence to the DISTRICT under this AGREEMENT shall reference the DISTRICT's Contract Number specified on the cover/signature page of the AGREEMENT: ARTICLE 5 - INDEMNIFICATION & INSURANCE 5.1 For value received, which is hereby acknowledged, the ENTITY shall defend, indemnify, save, and hold the DISTRICT, its officers, directors, board members, agents, assigns, and employees harmless from liabilities, damages, losses and costs, including, but not limited to reasonable attorneys' fees, to the extent caused by the negligence, recklessness or intentionally wrongful conduct of the ENTITY and other persons employed or utilized by the ENTITY in the performance of the AGREEMENT.' The DISTRICT shall have the right to approve counsel selected by the ENTITY to defend the DISTRICT in Page 2 of 9, Exhibit "B" AG£~DA IT£~ ~ Contract File:\entittdoc~0 ~0~_ MAR 0 200' L: SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT GENERAL TERMS AND CONDITIONS the event the DISTRICT is named in any legal action. The ENTITY further acknowledges that it is solely responsible for ensuring its compliance and the compliance of its subcontractors, suppliers, agents, assigns, invitees and employees with the terms of this AGREEMENT. This paragraph shall survive the expiration or termination of this AGREEMENT. 5.2 The ENTITY shall procure and maintain, through the term of this AGREEMENT, insurance coverage reflecting, at a minimum, the limits and coverage conditions identified on the DISTRICT's Insurance Requirements, attached as Exhibit "H" and made a part of this AGREEMENT. The coverage required shall extend to all employees and subcontractors of the ENTITY. Prior to the execution of this AGREEMENT, the ENTITY shall provide a Certificate of Insurance for such coverage to the DISTRICT for approval, indicating the producer, insured, carrier's name, and BEST rating, policy numbers and effective and expiration dates of each type of coverage required. The Certificate of Insurance shall be signed by the insurance carrier's authorized representative and shall identify the DISTRICT as added insured as required. 5.3 All insurers must be qualified to lawfully conduct business in the State of Florida. Failure of the DISTRICT to notify the ENTITY that the certificate of insurance does not meet the AGREEMENT requirements shall not constitute a waiver of the ENTITY's responsibility to meet the stated requirement. In addition, receipt and acceptance of the certificate of insurance by the DISTRICT shall not relieve the ENTITY from responsibility for adhering to the insurance limits and conditions of insurance required within this AGREEMENT. Misrepresentation of any material fact, whether intentional or not, regarding the ENTITY's insurance coverage, policies or capabilities, may be grounds for termination of the AGREEMENT as determined solely by the DISTRICT ARTICLE 6 - TERMINATION/REMEDIES 6.1 It is the policy of the DISTRICT to encourage good business practices by requiring contractors to materially perform in accordance with the terms and conditions of the DISTRICT AGREEMENT. In accordance with DISTRICT Rule 40E-7, Part II, F.A.C., "material breach" is defined as any substantial, unexcused non- performance by failing to perform an act that is an important part of the transaction or performing an act inconsistent with the terms and conditions of the AGREEMENT. If the ENTITY materially fails to fulfill its obligations under this AGREEMENT, the DISTRICT will provide written notice of the deficiency by forwarding a Cure Notice citing the specific nature of the material breach. The ENTITY shall have thirty (30) days to cure the breach. If the ENTITY fails to cure the breach within the thirty (30) day period, the DISTRICT shall issue a Termination for Default Notice. Once the DISTRICT has notified the ENTITY that it has materially breached its AGREEMENT with the DISTRICT, by sending a Termination for Default Notice, the DISTRICT's Governing Board shall determine whether the ENTITY should be suspended from doing future work with the DISTRICT, and if so, for what period of time. The DISTRICT's Governing Board will consider the factors detailed in Rule 40E- 7, Part II, F.A.C. in making a determination as to whether a ENTITY should be suspended, and if so, for what period of time. Should the DISTRICT terminate for default in accordance with this provision, the DISTRICT shall be entitled to recover reprocurement costs in addition to all other remedies under law and/or equity. 6.2 The DISTRICT may terminate this AGREEMENT with or without cause at any time for convenience upon thirty (30) calendar days prior written notice to the ENTITY. The performance of work under this AGREEMENT may be terminated by the DISTRICT in accordance with this clause in whole, or from time to time in part, whenever the DISTRICT shall determine that such termination is in the best interest of the DISTRICT. Any such termination shall be effected by delivery to the ENTITY of a Notice of Termination specifying the extent to which performance of work under the AGREEMENT is terminated, and the date upon which Page 3 of 9, Exhibit "B" Contract File:\entity.d]c SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS such termination becomes effective. In the event of termination for convenience, the DISTRICT shall compensate the ENTITY for all authorized and accepted deliverables completed through the date of termination in accordance with Exhibit "C", Statement of Work. The DISTRICT shall be relieved of any and all future obligations hereunder, including but not limited to lost profits and consequential damages, under this AGREEMENT. The DISTR1CT may withhold all payments to the ENTITY for such work until such time as the DISTRICT determines the exact amount due to the ENTITY. 6.3 In the event a dispute arises which the project managers cannot resolve between themselves, the parties shall have the option to submit to non-binding mediation. The mediator or mediators shall be impartial, shall be selected by the parties, and the cost of the mediation shall be borne equally by the parties. The mediation process shall be confidential to the extent permitted by law. 6.4 The DISTRICT may order that all or part of the work stop if circumstances dictate that this action is in the DISTRICT's best interest. Such circumstances may include, but are not limited to, unexpected technical developments, direction given by the DISTRICT's Governing Board, a condition of immediate danger to DISTRICT employees, or the possibility of damage to equipment or property. This provision shall not shift responsibility for loss or damage, including but not limited to, lost profits or consequential damages sustained as a result of such delay, from the ENTITY to the DISTRICT. If this provision is invoked, the DISTRICT shall notify the ENTITY in writing to stop work as of a certain date and specify the reasons for the action, which shall not be arbitrary or capricious. The ENTITY shall then be obligated to suspend all work efforts as of the effective date of the notice and until further written direction from the DISTRICT is received. Upon resumption of work, if deemed appropriate by the DISTRICT, the DISTRICT shall initiate an amendment to this AGREEMENT to reflect any changes to Exhibit "C", Statement of Work and/or the project schedule. 6.5 The DISTRICT anticipates a total project cost as indicated on the cover/signature page, with the balance of matching funds and/or in-kind services to be obtained from the ENTITY in the amount as specified on the cover/signature page of this AGREEMENT. In the event such ENTITY matching funding and/or in-kind services becomes unavailable, that shall be good and sufficient cause for the DISTRICT to terminate the AGREEMENT pursuant to Paragraph 6.2 above. ARTICLE 7 - RECORDS RETENTION/ OWNERSHIP 7.1 The ENTITY shall maintain records and the DISTRICT shall have inspection and audit rights as follows: A. Maintenance of Records: The ENTITY shall maintain all financial and non-financial records and reports directly or indirectly related to the negotiation or performance of this AGREEMENT including supporting documentation for any service rates, expenses, research or repons. Such records shall be maintained and made available for inspection for a period of five years from completing performance and receiving final payment under this AGREEMENT. B. Examination of Records: The DISTRICT or its designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this AGREEMENT. Such examination may be made only within five years from the date of final payment under this AGREEMENT and upon reasonable notice, time and place. C. Extended Availability of Records for Legal Disputes: In the event that the DISTRICT should become involved in a legal dispute with a third party arising from performance under this AGREEMENT, the ENTITY shall extend the period of maintenance for all records relating to the AGREEMENT until the final disposition of the legal dispute, and all such records shall be made readily available to the DISTRICT. 7.2 The DISTRICT shall retain exclusive title, copyright and other proprietary rights in all work items, including but not limited to, all documents, technical Page 4 of 9, Exhibit "B" SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS repons, research notes, scientific data, computer programs, including the source and object code, which are developed, created or otherwise originated hereunder by the ENTITY, its subcontractor(s), assign(s), agent(s) and/or successor(s) as required by the Exhibit "C", Statement of Work (the "Work"). In consideration for the DISTRICT entering into this AGREEMENT, and other good and valuable consideration the sufficiency and receipt in full of which is hereby acknowledged by the ENTITY, the ENTITY hereby assigns, transfers, sells and otherwise grants to the DISTRICT any and all rights it now has or may have in the Work (the "Grant"). This Grant shall be self-operative upon execution by the parties hereto, however the ENTITY agrees to execute and deliver to the DISTRICT any further assignments or other instruments necessary to evidence the Grant, without the payment of any additional consideration by the DISTRICT. The ENTITY may not disclose, use, license or sell any work developed, created, or otherwise originated hereunder to any third party whatsoever. This para~aph shall survive the termination or expiration of this AGREEMENT. 7.3 The ENTITY represents and warrants that proprietary software, if any, to be provided to the DISTRICT by the ENTITY hereunder, as specifically identified in Exhibit "C", Statement of Work shall have been developed solely by or for the ENTITY, or lawfully acquired under license from a third party, including the right to sublicense such software. The ENTITY shall include copyright or proprietary legends in the software and on the label of the medium used to transmit the software. The ENTITY shall grant to the DISTRICT a perpetual, non-transferable, non-exclusive right to use the identified software without an additional fee. The DISTRICT acknowledges that title to the software identified in Exhibit "C" shall remain with the Licensor. 7.4 Any equipment purchased by the ENTITY with DISTRICT funding under this AGREEMENT shall be returned and title transferred from the ENTITY to the DISTRICT immediately upon termination or expiration of this AGREEMENT upon the written request of the DISTRICT not less than thirty (30) days prior to AGREEMENT expiration or termination. Equipment is hereby defined as any non-consumable items purchased by the DISTRICT with a value equal to or greater than $500.00 and with a normal expected life of one (1) year or more. The ENTITY will maintain any such equipment in good working condition while in its possession and will return the equipment to the DISTRICT in good condition, less normal wear and tear. The ENTITY will use-its best efforts to safeguard the equipment throughout the period of performance of this AGREEMENT. However the DlSTRICT will not hold the ENTITY liable for loss or damage due to causes beyond the ENTITY's reasonable control. In the event of loss or damage, the ENTITY shall notify the DISTRICT in writing within five (5) working days of such occurrence. 7.5 The DISTRICT has acquired the right to use certain software under license from third parties. For purposes of this AGREEMENT, the DISTRICT may permit the ENTITY access to certain third party owned software on DISTRICT computer systems. The ENTITY acknowledges the proprietary nature of such software and agrees not to reproduce, distribute or disclose such software to any third party. Use of or access to such software shall be restricted to designated DISTRICT owned systems or equipment. Removal of any copy of licensed software is prohibited. ARTICLE 8 - STANDARDS OF COMPLIANCE 8.1 The ENTITY, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this AGREEMENT. The DISTRICT undertakes no duty to ensure such compliance, but will attempt to advise the ENTITY, upon request, as to any such laws of which it has present knowledge. 8.2 The ENTITY hereby assures that no person shall be discriminated against on the grounds of race, color, creed, national origin, handicap, age, or sex, in any activity under this AGREEMENT. The ENTITY shall take all measures necessary to effectuate these assurances. 8.3 The laws of the State of Florida shall govern all Page 5 of 9, Exhibit "B" Contract File:\entity.do1 0 9 200 SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS aspects of this AGREEMENT. In the event it is necessary for either party to initiate legal action regarding this AGREEMENT, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims which are justiciable in federal court. 8.4 The ENTITY, by its execution of this AGREEMENT, acknowledges and attests that neither it, nor any of its suppliers, subcontractors, or consultants who shall perform work which is intended to benefit the DISTRICT is a convicted vendor or has been placed on the discriminatory vendor list. If the ENTITY or any affiliate of the ENTITY has been convicted of a public entity crime or has been placed on the discriminatory vendor list, a period longer than 36 months has passed since that person was placed on the convicted vendor or discriminatory vendor list. The ENTITY further understands and accepts that this AGREEMENT shall be either void by the DISTRICT or subject to immediate termination by the DISTRICT, in the event there is any misrepresentation or lack of compliance with the mandates of Section 287.133 or Section 287.134, respectively, Florida Statutes. The DISTRICT, in the event of such termination, shall not incur any liability to the ENTITY for any work or materials furnished. 8.5 The ENTITY shall be responsible and liable for the payment of all of its FICA/Social Security and other applicable taxes resulting from this AGREEMENT. 8.6 The ENTITY warrants that it has not employed or retained any person, other than a bona fide employee working solely for the ENTITY, to solicit or secure this AGREEMENT. Further the ENTITY warrants that is has not paid or agreed to pay any person, other than a bona fide employee working solely for the ENTITY, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the awarding or making of this AGREEMENT. For breach of this provision, the DISTRICT may terminate this AGREEMENT without liability and, at its discretion, deduct or otherwise recover the full amount of such fee, commission, percentage, gift, or other consideration. 8.7 The ENTITY shall allow public access to all project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the ENTITY assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the ENTITY. 8.7.1 Pursuant to Sections 119.07(3)(o), and 240.241 Florida Statutes, data processing software obtained by an agency under a license agreement which prohibits its disclosure and which software is a trade secret, as defined in Sections 812.081(c), Florida Statutes is exempt from the disclosure provisions of the Public Records law. However, the parties hereto agree that if a request is made of the DISTRICT, pursuant to Chapter 119, Florida Statute, for public disclosure of proprietary property being licensed to the ENTITY (Licensee) hereunder, the DISTRICT shall advise the ENTITY (Licensee) of such request and, as between the DISTRICT and the ENTITY (Licensee), it shall be the ENTITY's (Licensee's) sole burden and responsibility to imxnediately seek and obtain such injunctive or other relief from the Courts and to immediately serve notice of the same upon the Licensor to protect the Licensor's claimed exemption under the Statute. 8.8 The ENTITY shall make reasonable efforts to obtain any necessary federal, state, local, and other governmental approvals, as well as all necessary private authorizations and permits, prior to the commencement of performance of this AGREEMENT. A delay in obtaining permits shall not give rise to a claim by the ENTITY for additional compensation. If the ENTITY is unable to obtain all necessary permits in a timely manner, either party may elect to terminate this AGREEMENT, each party to bear its own costs, notwithstanding other provisions of this AGREEMENT to the contrary. 8.9 Pursuant to Section 216.347, ES., the ENTITY is prohibited from the expenditure of any funds under this AGREEMENT to lobby the Legislature, the judicial branch or another state agency. 8.10 The DISTRICT is a governmental entity responsible for performing a public service and therefore has a legitimate interest in promoting the Page 6 of 9, Exhibit "B" SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS goals and objectives of the agency. The work under this AGREEMENT involves a project consistent with these goals and objectives. Consequently, the DISTRICT is desirous of satisfactorily completing and successfully promoting this project with the cooperation of its ENTITY. Therefore, as the DISTRICT'S ENTITY for this project, the ENTITY assures the DISTRICT that the ENTITY, its employees, subcontractors and assigns will refrain from acting adverse to the DISTRICT'S legitimate interest in promoting the goals and objectives of this project. The ENTITY agrees to take all reasonable measures necessary to effectuate these assurances. In the event the ENTITY determines it is unable to meet or promote the goals and objectives of the project, it shall have the duty to immediately notify the DISTRICT. Upon such notification the DISTRICT, in its discretion, may terminate this AGREEMENT. ARTICLE 9 - RELATIONSHIP BETWEEN THE PARTIES 9.1 The ENTITY shall be considered an independent contractor and neither party shall be considered an employee or agent of the other party. Nothing in this AGREEMENT shall be interpreted to establish any relationship other than that of independent contractor between the parties and their respective employees, agents, subcontractors, or assigns during or after the performance on this AGREEMENT. Both parties are free to enter into contracts with other parties for similar services. 9.2 In the event that the ENTITY is providing staff who will be working on-site at DISTRICT facilities, it is further understood that the ENTITY shall be the employer of the staff provided pursuant to the AGREEMENT for all purposes under state and federal law and that the ENTITY's staff shall not be eligible for any benefit programs the DISTRICT offers to its employees. All benefits available to the ENTITY's staff shall be exclusively provided by the ENTITY or by the ENTITY's employee. The ENTITY is solely responsible for compliance with all labor and tax laws pertaining to officers, agents and ENTITY employees and shall indemnify and hold the DISTRICT harmless from any failure by the ENTITY to comply with such laws. The ENTITY's duties with respect to such personnel shall include, but are not limited to, the following: 9.2.1 Billing, collection, payroll services and tax withholding, and any other related services 9.2.2 Providing insurance coverage pursuant to Article 5 of this AGREEMENT. 9.2.3 Providing any and all employment benefits, including, but not limited to, annual leave, sick leave, paid holidays, health insurance, retirement benefits and disability insurance. 9.2.4 Complying with the Fair Labor Standards Act, 29 U.S.C. 201, et.seq., including payment of overtime in accordance with the Act. 9.2.5 Providing employee training for all activities necessary for job performance, except those functions that are unique to the DISTRICT, in which event, the DISTRICT, in its sole judgment and discretion, may provide training. 9.3 It is the intent and understanding of the Parties that this AGREEMENT is solely for the benefit of the ENTITY and the DISTRICT. No person or entity other than the ENTITY or the DISTRICT shall have any rights or privileges under this AGREEMENT in any capacity whatsoever, either as third-party beneficiary or otherwise. 9.4 The ENTITY shall not assign, delegate, or otherwise transfer its rights and obligations as set forth in this AGREEMENT without the prior written consent of the DISTRICT. Any attempted assignment in violation of this provision shall be void. 9.5 The ENTITY shall not pledge the DISTRICT's credit or make the DISTRICT a guarantor of payment or surety for any contract, debt, obligation, judgement, lien, or any form of indebtedness. 9.6 The DISTRICT assumes no duty with regard to the supervision of the ENTITY and the ENTITY shall remain solely responsible for compliance with all safety requirements and for the safety of all persons and property at the site of contract performance. Page 7 of 9, Exhibit "B" / 0 9 200t SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT GENERAL TERMS AND CONDITIONS ARTICLE 10 - MBE PARTICIPATION 10.1 The ENTITY hereby acknowledges that no Minority Business Enterprises (MBE) participation level has been established for this AGREEMENT; however, both parties agree to provide the other advance notice of competitive contracts that may result from this AGREEiglENT along with timelines for public notice and award of such contracts. In the event subsequent competitive contract awards do result in MBE participation, such participation shall be reported to the other party. Both the ENTITY and the DISTRICT will ensure compliance with the provisions of their respective program, laws, ordinances and policies and will support the other's initiatives to the extent allowed by law. ARTICLE 11 - GENERAL PROVISIONS 11.1 Notwithstanding any provisions of this AGREEMENT to the contrary, the parties shall not be held liable for any failure or delay in the performance of this AGREEMENT that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of Government, riots, civil commotion, force majeure, act of God, or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the parties. Failure to perform shall be excused during the continuance of such circumstances, but this AGREEMENT shall otherwise remain in effect. This provision shall not apply if the "Statement of Work" of this AGREEMENT specifies that performance by ENTITY is specifically required during the occurrence of any of the events herein mentioned. 11.2 Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the following order: (a) Exhibit "A" Special Provisions, if applicable (b) Exhibit "B" General Terms and Conditions (c) Exhibit "C" Statement of Work (d) all other exhibits, attachments and documents specifically incorporated herein by reference 11.3 Failures or waivers to insist on strict performance of any covenant, condition, or provision of this AGREEMENT by the parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other party from performing any subsequent obligations strictly in accordance with the terms of this AGREEMENT. No waiver shall be effective unless in writing and signed by the party against whom enforcement is sought. Such waiver shall be limited to provisions of this AGREEMENT specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. I1.4 Should any term or provision of this AGREEMENT be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this AGREEMENT, to the extent that the AGREEMENT shall remain operable, enforceable and in full force and effect to the extent permitted by law. 11.5 This AGREEMENT may be amended only with the v. xitten approval of the parties hereto. 11.6 This AGREEMENT states the entire under- standing and agreement between the parties and supersedes any and all written or oral representations, statements, negotiations, or agreements previously existing between the parties with respect to the subject matter of this AGREEMENT. The ENTITY recognizes that any representations, statements or negotiations made by DISTR1CT staff do not suffice to legally bind the DISTRICT in a contractual relationship unless they have been reduced to writing and signed by an authorized DISTRICT representative. This AGREEMENT shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. ARTICLE 12 - SAFETY REQUIREMENTS 12.1 The ENTITY shall require appropriate personal protective equipment in all operations where there is exposure to hazardous conditions. Page 8 of 9, Exhibit "B" NO. Contract File:\entty.doc~ I PIAR 0 9 200t, SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS 12.2 The ENTITY shall instruct employees required to handle or use toxic materials or other harmful substances regarding their safe handling and use, including instruction on the potential hazards, personal hygiene and required personal protective measures. A Material Safety Data Sheet (MSDS) shall be provided by the ENTITY to the DISTRICT on each chemical product used. 12.3 The ENTITY shall comply with the standards and regulations set forth by the Occupational Safety and Health Administration (OSHA), the Florida Department of Labor and Employment Security and all -other appropriate federal, state, local or DISTRICT safety and health standards. 12.4 It is the ENTITY'S sole duty to provide safe and healthful working conditions to its employees and those of the DISTRICT on and about the site of AGREEMENT performance. 12.5 The ENTITY shall initiate and maintain an accident prevention program which shall include, but shall not be limited to, establishing and supervising programs for the education and training of employees in the recognition, avoidance, and prevention of unsafe conditions and acts. 12.6 The ENTITY shall erect and maintain, as required by existing conditions and performance of the AGREEMENT, reasonable safeguards for safety and protection, including posting of danger signs and other warnings, against hazards. 12.7 The ENTITY shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury, or loss to: 12.7.1 employees on the work and other persons who may be affected thereby; including pedestrians, visitors, or traveling public; 12.7.2 the work, materials, and equipment to be incorporated therein; whether in storage on or off the site, under care, custody or control of the ENTITY, or the ENTITY's subcontractors; and and equipment not designated for removal, relocation or replacement in the course of work. 12.8 The ENTITY shall provide first aid services and medical care to its employees. 12.9 The ENTITY shall develop and maintain an effective fire protection and prevention procedures and good housekeeping practices on the work site throughout the AGREEMENT. 12.10 Emergencies: In emergency affecting safety of persons or property on or about the site or as a result of the work; the ENTITY shall act, timely and with due diligence, to prevent threatened damage, injury, or loss. 12.11 Environmental: When the ENTITY, ENTITY's contractors, or subcontractors, use petroleum products, hazardous chemicals, or any other chemicals used on or about the site, the ENTITY shall be responsible for handling these chemical constituents in accordance with federal, state and local regulations during the terms of the AGREEMENT. For accidental discharges or releases onto the floor, air, ground, surface waters, ground waters, it shall be the ENTITY's sole responsibility to respond immediately to clean the site, at his expense, to the complete satisfaction of federal, state, local regulatory agencies and to the DISTRICT requirements. 12.12 The DISTRICT may order the ENTITY to halt operations under the AGREEMENT, at the ENTITY's expense, if a condition of immediate danger to the public and/or DISTRICT employees, equipment, or property exist. This provision shall no_~t shift the responsibility or risk of loss for injuries or damage sustained from the ENTITY to the DISTRICT; and the ENTITY shall remain solely responsible for compliance with all federal, state and local safety requirements, provisions of this section, and safety of all persons and property on or about the site. 12.7.3 other properties at the site or adjacent thereto; such as trees, shrubs, lawns, walks, utilities, pavement, roadways, structures, building, vehicles, Page 9 of 9, Exhibit "B" Contract File:\entity.dI 0.9 2d0( EXHIBIT "C" STATEMENT OF WORK DETAILED DESCRIPTION OF PROJECT Statement of Work for 10-year Water Supply Facilities Work Plan 1.0 Introduction The purpose of the Water Supply Facilities Work Plan (WSFWP) is to ensure that water supply planning is linked with future land use planning. This document is a new state Department of Community Affairs requirement, and it must address the facilities for water supply planning through a 10-year planning horizon. This document is required to result in Growth Management Plan amendments that will coincide with the each County's submittal of the Evaluation and Appraisal Report (EAR). Each entity, county or municipality, must prepare a WSFWP that includes the water supply facilities plans for unincorporated communities within its boundaries. Collier Counties' WSFWP includes addressing the facilities of the Immokalee Water and Sewer District, Orange Tree Utility, and the Florida Government Utility Authority (FGUA). The goals of this new regulation are to: Coordinate appropriate aspects of the County's comprehensive plan with the appropriate water management distr/ct's regional water supply plan(s). For Collier County, this is the South Florida Water Management District's (SFWMD) Lower West Coast Water Supply Plan (LWCWSP). (see s. 163.3177(4)(a), F.S.) 2. Revise the Potable Water sub-element to consider the regional water supply plan(s) of the appropriate water management district(s). (s.163.3177(6)(c), F.S.) Revise the Potable Water sub-element to include a Water Supply Facilities Work Plan for at least a 10-year planning period addressing water supply facilities necessary to serve existing and new development and for which the local government is responsible. (s.163.3177(6)(c), F.S.) Revise the Conservation Element to assess projected water needs and sources for at least a 10-year planning period considering the appropriate regional water supply plan(s) or, in the absence of an approved regional water supply plan(s), the district water management plan(s). (s.163.3177(6)(d), F.S.) Revise the Intergovernmental Coordination Element to ensure coordination of the comprehensive plan with the applicable regional water supply plan(s). (s.163.3177(6)(h)l., F.S.) 6. Consider, during preparation of the Evaluation and Appraisal Report, the appropriate regional water supply plan. (s.163.3191(2)(1), F.S.) During preparation of the Evaluation and Appraisal Report and adoption of EAR-based amendments, revise the Potable Water Sub-element to include the Water Supply Facilities Workplan. (s.163.3191(2)(1), F.S.) AGENDA lIEN .o. /& ff_. _ Exhibit Agreement No. IlAR 0 9 200 DG040612 ¢mables amer~:lraents to the Cotmt7% Growth Mao~gement Plan, specifically to tke er Sub-elemeat, and the intergovernmental Coordination, Conservation :md Coastal, Improvemsmt E£ements. Drafting. of ttm amendments to the County's Growth t Plan i~ am hatemal fmmtion of Collier Cour, ty's Comprehemfive Plarming and is not withi~ thc scope of fl~e WSFWP project. The eorkmltam crmtrscted fo¢ of' this study will have review capacity over these amendments per Task 3 of the ,e. leis project was not identified 'n thc 2002 Water Maxter Plan Update beeauze it ;w state Department o£ Commun/ty Affaim ::¢quirernent this year. Funding for the :laded in the County's FY 2003 amc aded budget, Which has also been approved by the 2.0 Projec Stop, The PROTI5 ~ is being completed to comply new with State req.uiremema for irmlnsicm of water gupply pla= ting with the County's comprehen:,ive plan. The tasks for the project include the following: · Collect/ l:~'ep ara' - Plepar~r o l>repara · Coord/r · DeveloI · Prepaza · Attends · CoordS: Additio: >n and review of exi sting dais [cra ofpopulation and water dmnnaud forecasts ion of base rasps for plannSng km of water supply and demand ana.ysis Mort with SFW2VlD ment of Capital Improvement Projects .on of the Water S~pply Facilities Work Plan ~ce at t~e Amendments to the GMP Elemcats al Services Allowa.nc¢ (includiag ?u.bl£c Awareness) ~ out}mlt SFW2MD presented be '.'or ~ese services will bc thc WSFWP, which will be revj. ewr_x:l by Comaly shaft, ~f, the state Land Plmming Agency, and the state DC~&. A de~cri!:rtion off. he ta~k:s is OW. 3.0 W0r ;Breakdown Structu,'e Task t - INI' 'L~I. P. LAN/NING SER\qCES TASIR Id~nt/fy the location of fi'om its so' distribution obtai=ed fro~ ~c extent th collected ara 1 1 - CO] 3' .I:'.C'r ,/~qD RF. VJ£W EXLSTIt tG DATA .'xisting water supply facitities re,: wkich the County i~ respcm~ible, haclud/ng ~e 'ells (or intake point fi'om a surfac~: water ~ource), facilities used to withdraw water me, transmission facilities, treatntent facilities, storage facilities, and the major naias. For ColLier County's hcilitle~, the majority of the reviewed data can be x the 2002 Maxtex Plan Update, sutrplemente, d by the County's well permit da'ca. To .,t this dsta is available for oth.r w, tter systems outside the Dis'trict, this data will be reviewecL TA.g}~ 1.2 - PKEPARM POPULATION AND W~tTEK DRMAND FO~TS Exhibit "C" Agreement No. DG040612 Page 2of5 ACsEN~)A ITE~ so._ I/. c- MAR 0 9 2004 PG, ~ ) Use data developed in the 2002 Water Master Plan Update for the Collier County Water-Sewer District (District). To the extent that this data is available for the other water systems outside the District, it will be incorporated in the PROJECT. TASK 1.3 - PREPARE BASE MAPS FOR PLANNING Base maps prepared for the 2002 Water Master Plan Update will be utilized. New maps will be prepared to show the existing well locations and approximate locations for future wells. To the extent that data is available for the other water systems outside the District, system mapping for these systems will be incorporated in the PROJECT. TASK'2 ' PREPARE WATER SUPPLY FACIlITiES WORK PLAN TASK 2.1 - PREPARE WATER SUPPLY AND DEMAND ANALYSIS Use water supply and demand forecasts for the District developed in the 2002 Water Master Plan Update. To the extent that this data is available for the other water systems outside the District, it will be incorporated in the PROJECT. TASK 2.2 - COORDINATION WITH SFWMD Meet with SFWMD to identify special concerns, water supply plan amendments and updates. Submit a draft copy the Water Supply Facilities Work Plan to SFVvSMD for review comments. Incorporate SFWND review comments in the final document. TASK 2.3 - DEVELOP CAPITAL IMPROVEMENT PROJECTS (CIP) The 5-year CIP schbdule prepared for the 2002 Water Master Plan Update shall be used for the PROJECT. Prepare a prioritization of the CIP elements for review by the County. To the extent that this data is available for the other water systems outside the District, it will be' incorporated in the PROJECT. TASK 2.4 - PREPARE WATER SUPPLY FACiLITIES WORK PLAN For the District, prepare a facility capacity analysis and compute capacity surpluses and deficiencies for: (a) Existing conditions based on existing demand, including identification of currently utilized water source(s). (b) Conditions five years in the future based on projected demand, computing capacity surpluses and deficiencies, including identification of water source(s) that will be used to satisfy the projected demand (specifically for Five-Year CIP development). (c) Conditions ten years in the future based on projected demand, computing capacity surpluses and deficiencies, including identification of water source(s) that will be used to satisfy the projected demand. To the extent that this data is available for the other water systems outside the District, it will be incorporated in the PROJECT. The Water Supply Facilities Work Plan shall consist of the following sections: Exhibit "C" Agreement No. DG040612 Page 3of5 AG~ NOA ITEm NO. q/~ ~ MAR 0 9 200 1. Executive Summary 2. Introduction 3. Water Service Areas 4. Existing Water Supply Facilities 5. Population and Demand Projections 6. Alternative Water Supply Plans 7. Five-Year Capital Improvements for Water Supply 8. Summary and Recommendations Submit 10 draft printed copies each of the Water Supply Facilities Plan at the 60 percent complete stage and submit 25 copies each of the final Water Supply Facilities Work Plan in hard copy format and in pdf format on CD to the County. Review comments from 60 percent submittal will be incorporated in the final document. TASK 2.5 - MEETINGS Services shall include up to four PROJECT meetings to review the documents with the Public Utilities Engineering Department, coordinate with County Planning Services and present preliminary outputs. This scope does not include meetings for adoption and approval of the Water Supply Facilities Work Plan. TASK 3 - COORDINATE AMENDMENTS TO GMP EI.I~MENTS Services under this task include up to 16 hours of consultation and review time for the following Growth Management Plan (GMP) element amendments to be prepared by the COUNTY: · Intergovernmental Coordination Element · Potable Water Sub-Element · Conservation and Coastal Management Element · Capital Improvement Element TASK 4 - ~ADDITIONAL SERVICES (includes Public Awareness) This project enables amendments to the County's Growth Management Plan, specifically to the Potable Water Sub-element, and the Intergovernmental Coordination, Conservation and Coastal, and Capital Improvement Elements. The Potable Water Sub-element includes the WSFWP by incorporation. These amendments raise the awareness of those affected within the. County that water supply facilities planning is coordinated with the identified appropriate water sources to meet projected demand and consideration of water conservation and reuse strategies of the SFW1VD's Lower West Coast Water Supply Plan. The entire unincorporated area of the County is affected by adoption of these GMP amendments, specifically developers, public, and private entities, which will change the public's awareness of water supplies, conservation of potable water, watershed protection, and use of finite water sources. The amendments to the Conservation and Coastal Element reinforce the County's conservation practices put forth in the County's Land Development Code and identify intergovernmental coordination for reducing the per capita potable water consumption. The G1VI~ amendments in their adopted form will be available _ the public i ~O AG~ NOA i TEN.~.Z.~~ NO. Exhibit"C" Agreement No. DG040612 Page 4of5 ~IAR on the Collier County government website listed under the Comprehensive Planning Department of Community Development and Environmental Services. 4.0 Project Cost The project cost identified in the FY 03 budget for this study is $71,400. 5.0 Location of the project This W'SFWP is a study including the unincorporated areas of Collier County along with the Collier County Water-Sewer District. The WSFWP is a study of the entire County with the exception of the incorporated cities of Naples, Marco Island, and Everglades City. Exhibit "C" Agreement No. DG040612 Page 5of5 AG~:I~A IT£N . NO. EXHIBIT "D" SUMMARY SCItEDULE OF TASKS AND DELIVERABLES · A summary deliverable schedule associated with this project is set forth below. The schedule is based on a one year agreement. · All deliverables submitted hereunder are subject to review by the District. Due dates for all deliverables are based on the number of weeks from the date of agreement execution. The Entity hereby agrees to provide the District all deliverables, data and information described in the Statement of Work in both written and electronic four-digit format. · Payment shall be made following receipt and acceptance by the District of project deliverables in accordance with the schedule set forth belov,,. Total payment by the District for ali work completed herein shall not exceed the amount of $ 35,700.00. All payments are subject to District fiscal year appropriations. TaskNo Deliverables ~ . . .... : DueDate :', PaYment i: ~i~ : i'i''~ ~!:~. i:~ ::),,:. ~ ' )' :.: '.?~ ! ': ~ ~=~-i~i'~ ~ ~I; .' '" I Draft Report of 10-year Water supply Facility Work Plan 20 weeks $ 0 2 Review Comments due by SFWMD 24 weeks $ 0 3 Final Report 28 weeks $ 35,700.00 Total $ 35,700.00 Exhibit "D" Agreement No. DG040612 Pagelofl EXECUTIVE SUMMARY APPROVAL OF THE COLLIER COUNTY HEALTH DEPARTMENT FEE SCHEDULE FOR FY 2004, OBJECTIVE: In accordance with section 154.06, Florida Statutes, the Collier County Health Department seeks resolution for the established fee schedule for public health services rendered through the county health department. Fees were approved as part of the core contract; however, in order to comply with Department of Health (DOH) rules and Florida Statutes, the Collier County Health Department is re-submitting the Fee Schedule for FY 2004 as a separate document. In the future, the fee schedule will be presented as a separate resolution with the core contract. CONSIDERATIONS: All division directors reviewed their fees related to program costs and have requested increases where appropriate. Funds collected under this section shall be expended solely for the purpose of providing health services and facilities within Collier County. The Collier County Health Department provides approximately 250,000 services annually to the residents of Collier County. Most health services are provided on a sliding fee scale and no patient is denied services due to inability to pay. The fee for foster care inspections has been postponed as requested by DOH in agreement with the Department of Children and Families. FISCAL IMPACT: Service fees comprise approximately 25% of the Collier County Health Department budget and are an essential component of program sustainability. A detailed study was prepared by the fiscal manager with assistance from the division directors to adjust the Fee Schedule for FY 04. GROWTH MANAGEMENT IMPACT: No Growth Management Plan Impact is associated with this item. MAR 0 RECOMMENDAT];ON: We recommend a resolution to allow the Collier County Health Department to collect I~ees as outlined in the attached Fee Schedule for FY 2004 and as approved in the core contract. SUBMZ'I-i'ED BY: REV]~EWED APPROVED BY' ~u~ness M~'flager loan M. Colfer, IVl.~D~., M.P.H. ~irector, Collier Qg,anty Health Department 3 q?~/b?i ~D~'~ n~eks Administrator Agenda .Item MAR 0 ~ 2004 COLLIER COUNTY HEALTH DEPARTMENT Fee Schedule Fiscal Year aoo3-2oo4 EXHIBIT I ccHD CLINIC FEE SCHEDULE PROPOSED Physical Exams i Immigration PE (Adult) with CXR, PPD, RPR, HIV ~ Immigration PE (Child) MD Completion of 1-693 INS Immigration Form PE Alone, no other tests (Employment, Sports PE) ,, Employment PE with PPD, R. PR ' Pre Vaccine Titers r Measles ! Rubella I~ ~Hepatitis B Pre-Employment Screen (HBsAb) ] Hepatitis Panel A, B, and C Panel - No Risk Identified ' Varicella '~Vaccines - Pre-employment; or optional per pt. request MM R Vaccine . :~ Hepatitis B Vaccine (Single Dose) [ ' Hepatitis B Vaccine (Series of 3) . Hepatitis A (Single Dose) [ Hepatitis A (Series of 2) ;Tetanus Vaccine t Varicella Vaccine ~ Post Exposure Rabies Vaccine Single Dose (Insurance Billed) , i Post Exposure Rabies Vaccine Series of 2 (Insurance illed) '?re-Exposure Rabies Vaccine (single dose) Employee "Pre-Exposure Employee Rabies Vaccine Series of 3 doses Flu Vaccine Pneumonia Vaccine HIV : ' HIV Test to DOH Lab (turnaround 10 days) HIV Testing {To DSI for expedited turnaround) 'CXR Only (1 view with reading, no follovmp) CXR with rb~ading &Follow-up Nursing Evaluation Visit LTB1 Employment Package (PPD, CXR, Evaluation, INH if needed) ',PPD placement & reading i 8rD Asymptomatic Screen (RPR, H IV, CC, CT) & Foliowup [STD Asymptomatic Screen with Regular PAP & Followup I STD Asymptomatic Screen wThin Prep PAP, no reflex HPV i , FOOD i Plan Review ! Reinspection Prior 150.OO 1OO.OO 25.00 40.00 __ 60.00 120.001 same 18.00 35.00 35.00 15.oo 15.oo 15.oo 20. O0 15.oo 15.00 same 35.oo same same same same same 50.00 101.55 same same same same 29.00 same 40.00 none none noue 10.00 none none none 50.00 5o,oo 15o.oo 5o.oo lOO.OO 20.00 65.0o 102.O0 203.10 ~.35.oo 4o5.oo 20.00 25.00 20.OO 30.00 40,00 6o.oo 300.00 20.00 50.00 75.00 75.00 35.0o 35.o0 Agenda Item MAR 0 S 200 . Fee Schedule for Core Contract (excludes State EH Fees) 1 2/2412004 COLLIER COWNTY HEALTH DEPARTMENT Fee Schedule Fiscal Year 9003-o004 EXHIBIT I ,GROUP Plan Review Reinspection Construction Inspection Adult Family Care Assisted Living Facilities Child Care Residential Facilities Schools Other Group Facilities MHP 'Plan Review Reinspection TANNING Plan Review Reinspection SWP Reinspection Bacteriological Fee Rough Plumb Inspection Renovation Inspection Exempt Pool 50.00 5oooo 15o.oo ~5o.oo 350.00 250.o0 500.0o ~5o.oo Operator Certificate Operator Course WATER Water Letter Bacteriological Sample Sample Collection Nitrate Sample Bacteriological Sample Sample Collection Nitrate Sample OSTDS Development Plan Re,Sew Incidental Plan Review Construction Permit Application Final Cover Inspection i ATU Permit : PBT Permit Reinspection Repair Permit Septic Letter Per Hour One time fee One time fee Annual Fee Annual Fee Annual Fee Annual Fee Annual Fee Annual Fee 50.00 Per Hour 5o.oo One time ~e 50.0o Per Hour 5o.oo One time fee 5o.0o One time fee i8o.oo Annual Fee 50.oo __ One time fee 50.oo One time fee. 56.0o' -- One time f~" 2o.oo One time fee : 5o.oo one time fee ' ' 3o.0o One time fee 25.0{) One time fee 60.00 One time fee 60.00 One time fee 15.o0 One time fee - . 40.00 one time fee 60.00 One time fee 20.00 One tim~f~e -. Prior none none none none none none none none none same same none same same same 40.00 40.00 same same 40.00 none S.oo 115.oo 25.00 same 15o.oo same same none Fee Schedule for Core Contract (excludes State EH Fees) i>Agenda 'Ir'em ,o .. MAR 0 200& , 2/24/2004 COLLIER COUNTY HEALTH DEPARTMENT EXHIBIT I Fee Schedule Fiscal Year 2oo3-2oo4 DIAGNOSTIC - - lmlaal Oral Exam - S .... -~,¢fiodi,: Oral E~am- DOl~O '- '-~d ~m} Exam-Problem Focused- DO140 X-RAYS lntraoral Complete Series Periapieal first film Periapieal-each addt'} film Bit ewing-single film i Bitewings-two films . Bitewings-four films PREVENTIVE Routine Child Prophylaxis Prophylaxis Adult i Topical application of fluoride ! Oral hygiene instruction i Sealant Periodontal Scaling and Root Planing (per quadrant) RESTORATIVE (FILLINGS) --- i Amalgam-one surface, primary !Amalgam-two surfaces, primary Amalgam-three surfaces,primary Amalgam-four or more surfaces primary Amalgam-one surface, permanent Amalgam-two surfaces, permanent Amalgam-three surfaces, permanent Amalgam-four or more surfaces, permanent Resin - one surface, anterior ~ Resin - two surfaces, anterior Resin - three surfaces anterior Resin-four or more surfaces or involving incisal angel-anterior i Resin - one surface, posterior-primary Resin - two surfaces, posterior- primary I Resin - three or more surfaces, posterior-primary 147.oo i Resin - one surface posterior-permanent ~ ; Resin - two surfaces posterior-permanent -~ Resin - three or more surfaces posterior-permanent Pulp cap - direct (excluding final restoration) Pulp cap - indlreet (excluding final restoration) - i [Gross pulpal debridement primary and permanent teeth ---- I Apexification/reealcification - initial visit i i Apexification/recaleification-interim medication replacement ; Apexificat]on/reealclfieat]on - final v~s~t Tooth re-implantation and/'or stabilization of accidentally :. cruised or displaced tooth and/or alveolus 22.00 10.00 22.00 32.00 42.00 37.0o 40.00 19.oo 12.00 27.00 40.00 41.OO 61.00 81.oo 101.OO 41.oo 61.oo 81.oo 101.OO 41.00 61.oo 81.oo 101.OO 61.oo 91.oo 41.oo 6LOO 9LOO 3O.00 30.00 75.00 100.00 1OO.O0 125.oo 15o.oo NO MAR 0 9 200 , Po, .3'- _ 2/24/2004 Fee Schedule for Core Contract (excludes State Ell Fees) 3 COLLILSK L;UU~ I X l-ll~-l.bl 1-1 l/l~l'/tlXliVl r,i~ · Fee Schedule Fiscal Year 2003-2004 Incision and Drainage Consultation (diagnostic mn'ice provided by dentist or physician other than practitioner providing treatment Dr3' Socket t Treatment 75.00' i i~;h-avi9 r M a-n-; ;; m~e_n~--' .............. '76-oo.. Suture removal . :. 20,00. In_j_ection of_novacaine_ ............. ; - . ~o.oo Space Maintainer unilat Space Maintainer bi]at IMMUNIZATION Flu vaccinations Flu vaccinations Pneumonia VITAL STATISTICS Death Certificates Birth Certificates Birth Certificates Winning with Wellness Smoking Cessation Stress Management 88.00 ---. ' ; 50.00 _ ;:';? :; ¥77.~ ~ -' _ _ .35.oo -_ 20_.09 lO.OO : ;i .:.'~-.~ none - ."~: Bone ~7.oo 15.00 2o.oo s~me same same 45.00 30.00 20.00 ~7.oo Sponsored, grouup billin[ ~5.oo 8.00 ]o.oo First copy 6.00 Each additional none I MAR 0 9 200 Fee Schedule for Core Contract (excludes State EH Fees) 4 2/24/2004 EXECUTIVE SUMMARy, RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS REPEAL RESOLUTIONS 2001-294 AND 2002-464 AND ADOPT TWO NEW RESOLUTIONS FOR THE SOLE PURPOSE OF REMOVING ANY LANGUAGE RELATED TO AUTHORIZATION TO SIGN GRANT APPLICATIONS RECOGNIZING THAT SUCH AUTHORITY IS OUTLINED IN THE COUNTY MANAGER'S GRANT COORDINATION PROCEDURE IN THE PRACTICES AND PROCEDURES MANUAL OB,IECTIVE: To remove language within two resolutions that conflict with language in the County Manager's Grant Coordination Procedure related to signature authority for grant applications. CONSIDERATIONS: On September 18, 2002, the FY 02-03 budget was approved and included funding for a Grant Coordinator position. The mission assigned to this program is to "reduce the cost of providing the public with services, facilities and infrast,ructure by maximizing the use of federal, state, and local grants." Furthermore, the Grant Coordinator is responsible for "managing, directing, planning and coordinating a centralized grant acquisition program for the County." Throughout the last few years, several resolutions have been adopted that authorize administrators and certain directors to sign documents including grant applications and agreements. To manage the centralized Grant Coordination program, the County Manager has approved an administrative procedure to be followed by all departments applying for, accepting and managing grants. Included in this procedure are provisions for appropriate signature authority for grant applications and agreements. Both resolutions 2001-294 and 2002-464 currently provide authority for certain individuals to sign grant applications, permit applications, etc. The two new resolutions only remove the authority for signature of grant applications and do not affect the authority for other documents such as permit applications. The County Manager's Grant Coordination Procedure outlines the requirement that all grant applications and grant agreements must be approved by the Board of County Commissioners. FISCAL IMPACT: There is no direct fiscal impact associated with adoption of the Resolution. GROWTH MANAGEMENT IMPACT: Adoption of the resolutions will help to ensure that grant funded projects are in compliance with the adopted Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners repeal resolutions 2001-294 and 2002-464 and adopt a new resolution for the sole purpose of removing any language related to authorization to sign grant applications recognizing that such authority is outlined in the County Manager's Grant Coordination Procedure in the Practices and Procedures Manual. 1V~arl~ne J-. Fo0rc~, AXI~P APPROVED BY: Grants Coordinator Len GoldEn Price Administrator, Administrative Services Date: ~./~/t~. ,t P AR 0 9 200 RESOLUTION NO. 2004 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, REPEALING BOARD RESOLUTIONS NOS. 2001-294 AND 2002-464, AND IN ACCORD WITH THE COUNTY'S GRANTS COORDINATION PROCEDURE, MANDATE THAT THE COUNTY'S GRANTS COORDINATOR SHALL REVIEW SPECIFIED GRANT RELATED ITEMS BEFORE THE ITEM CAN BE SIGNED AND EXECUTED; ALSO AUTHORIZING COUNTY ADMINISTRATORS (AND EACH DEPARTMENT DIRECTOR THE RESPECTIVE ADMINISTRATOR MAY APPOINT) TO EXECUTE AND SUBMIT PERMIT APPLICATIONS, REPORTS, AND OTHER INCIDENTAL DOCUMENTS RELATED TO ALL CAPITAL PROJECT DESIGN AND CONSTRUCTION ACTIVITIES TO GOVERNMENT AGENCIES. WHEREAS, in 2001 the Board of County Commissioners of Collier County, Florida, (Board) adopted Resolution No. 2001-294 to authorize the Community Development & Environmental Services, Emergency Services, Public Services, Public Utilities, Administrative Services and Transportation Administrators, and each Department Director authorized by the applicable Administrator to execute and submit to agencies applications for grants, applications for permits, and other documents pertaining to the construction of capital projects, including grant projects; and WHEREAS, in 2002 the Board adopted Resolution No. 2002-464 to authorize the current and ali future Public Utilities Administrator and all current and future Public Utihty Engineering Directors to sign and execute applications for grants, apphcations for permits, reports and other related documents; and WHEREAS, this Resolution repeals the authority that was delegated by Resolution No. 2001-294 or by Resolution No. 2002-464, by requiring that hereafter only the Board of County Commissioners may approve grant applications, as outlined in the Grants Coordinati on Procedure. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COM3IlSSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. This Resolution does not delegate any of the Board's discretionary authority, including any decision that must be made by the Board or any signature authority regarding any item that must be signed by the Board's Chairperson or Vice-Chairperson. 2. This Resolution is applicable to the Collier County Community Development & Environmental Services, Emergency Services, Public Services, Public Utilities, Adrrfinistrative Services, Transportation Services Divisions, the Collier County Airport Authority and every other sub-classification of the County as now or hereafter specified in the then existing County Grants Coordination Procedure. 3. Delegation of Authorization of Items Whether or Not Related to a Grant or Grant Program. Provided the authorization can lawfully be delegated to the respective employee, each County Administrator (and each Department Director the respective Administrator may appoint) is authorized to execute and submit permit applications, reports, and other incidental documents related to all capital project design and construction activities to local government agencies, and to state and federal agencies, including, but not limited to, the Federal Aviation Administration, Federal Environmental Protection Agency, Florida Department of Environmental Protection, Florida Department of Transportation, Florida Fish and Wildlife Conservation Commission, South Florida Water Management District, U.S. Army Corps of Engineers, and U.S. Coast Guard. 4. To the extent that this Resolution conflicts with any other now existing Resolution of Collier County, this Resolution supersedes all existing Resolutions and supersedes future Board Resolutions except to the extent that future Board Resolution specifically modifies or repeals this Resolution (by number). Resolutions that provide specific authority, as permitted or required by the grantor, for the Board to authorize specific no.//_~,~z ~ MAR 0 9 2004 individuals to sign grant documents are permitted and shall not be deemed to conflict with this Resolution. 5. This Resolution repeals and supersedes Board Resolution No. 2001-294 and Board Resolution 2002-464. This Resolution adopted after motion, second, and majority vote favoring adoption this day of 2004. ATTEST: DW1G'HT E. BROCK, Clerk By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: DONNA FIALA, Chairman Approved as to form And legal sufficiency: Thomas C. Palmer, Assistant County Attorney EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE AND RATIFY A RECOMMENDATION TO FILE SUIT FOR RECOVERY OF REPAIR/REPLACEMENT COSTS INCURRED BY THE COUNTY IN CONNECTION WITH PROPERTY DAMAGE CAUSED BY A THIRD PARTY. OBJECTIVE: For the Board of County Commissioners ("Board") to approve and ratify a recommendation to file suit for recovery of repair/replacement costs incurred by the County in connection with property damage caused by a third party. CONSIDERATIONS: Risk Management staff, pursuant to Resolution #2004-15, is seeking Board approval to file suit against third parties who have caused damage to County owned or maintained assets and who have not responded to County requests for reimbursement of repair/replacement costs. The Office of the County Attorney will represent the County in these lawsuits against the following individual(s)/company(s): DEFENDANT(S) DAMAGES SOUGHT PROPERTY DAMAGED Michelle Marie Collins & Howard Oceola $18,857.89 plus Court costs and all other relief to which the County may be entitled either at law or in equity. County dump truck was damaged in a vehicle accident. Venor Sylvan $3,648.95 plus Court costs and all other relief to which the County may be entitled either at law or in equity. County street light was struck by a vehicle. Robert Jones & Titus Demas Curry $11,634.86 plus Court costs and all other relief to which the County may be entitled either at law or in equity. 4" County water main was struck by a vehicle. FISCAL IMPACT: On each of the above matters, the County will incur Court filing fees of $91:50 plus a Summons Service cost of $20.00 for each person served. The total cost of this request is $374.50. Funds to defray these costs will come from the County's Property and Casualty Self Insurance Retention Fund No. 516-121650 645920. GROWTH MANAGEMENT 1MPACT: None. MAR 0 9 RECOMMENDATION: The Risk Management staffrecommends that the Board approve and ratify,~ecommendation to file suit in the above referenced matters. Submitted By: L/~.~ Date: ~- ~-~- , J,o~l/Hollocher, Risk Ana y Reviewed By: 5~f~y A~. Walker, CPCU, ARM Risk Management Director Date: Len Goldefl Price, Administrator Administrative Services Division Date: EXECUTIVE SUMMARY APPROVAL TO UTILIZE STATE CONTRACTS FOR PURCHASE OF FURNITURE AND FLOOR COVERING OVER T~VENTY-FIVE TItOUSAND DOLLARS. OBJECTIVE: Seek Board approval to utilize State Contract pricing for capital projects and operating budgets for a thirty-six month period. CONSIDERATIONS: The County will require furniture and floor covering for multiple Board approved capital projects (Sheriff's Jail Addition, North Naples Satellite Government Center, Courthouse Annex Project, Emergency Operations Center, SheriWs Sub-Stations and others) in the next twenty-four months. Additionally, some operating departments may also require these commodities. The State of Florida has formally and competitively bid these items making the discounted pricing available to local governments. The County's Purchasing Policy provides for the utilization of these contracts, but purchases in excess of $25,000 require Board approval. Hence, staff is requesting approval to purchase furniture and floor covering through State contracts for a period of three years. Under this recommendation, purchases are not to exceed the appropriation for each project or operating cost center. FISCAL IMPACT: Funds are budgeted in each project aud/or operating cost center. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board approve staff's recommendation to purchase State Contract commodities over twenty-five thousand dollars as addressed within this summary. Reviewed By:~ The Department of Facilities Management Reviewed By: Date: Stephen Y. Carfiell, Director Purchasing Department Len Goldkn Price, Administrator Administrative Services Division Date: AGENO.~, II_EM -9 MAR 0 9 200 , Pg. EXECUTIVE SUMMARY REPORT AND RATIFY STAFF-APPROVED CHANGE ORDERS AND CHANGES TO WORK ORDERS TO BOARD-APPROVED CONTRACTS OBJECTIVE: To enable the Board to oversee the execution of administrative change orders and changes to work orders, and promote accountability in the use of staff authority. CONSIDERATIONS: On April 22, 2003, the Board approved a recommendation to implement a plan to enable changes to BCC-approved contracts (Section XI¥. C, Collier County Purchasing Policy) of not greater than 10 percent of the current Board approved amount or $10,000 (whichever is greater) to be authorized by staff. Also included in the report are changes to Work Orders. These include work orders issued under CCNA Contracts, which are less than or equal to $90,000 (Section VII.C, Collier County Purchasing Policy), and changes to work orders for all other contracts (Section XIV. G, Collier County Purchasing Policy) which are not greater than 10 percent of the current Board Approved amount or $100,000, whichever is greater. The plan calls for staff to submit a monthly report listing these change orders from the previous reporting period. Enclosed is the monthly report of the Administrative Change Order and Administrative Changes to Work Orders Report. This report covers period beginning on or about January 29, 2004 through February 23, 2004. FISCAL IMPACT: There is no fiscal impact resulting from this action. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this action. RECOMMENDATION: That the Board of County Commissioners accepts the enclosed Administrative Change Order and Administrative Changes to Work Orders Report and ratifies the listed change orders and changes to work orders. I.,id'd~ L. Jac~so~4/¢ontracts Agent St~"phen('<¢. Car~'~ll, Purchasing/General Services Director Len GolderC/Price, Administrative Services Administrator NAR 0 9 200 A~EI~OA ITEM/~ MAR 0 9 20~ Pg. ~ CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Pump Station 107 Improvements BID/RFP #: Fixed Term Utilities Enqineering Service CONTRACT AMOUNT: ORIGINAL $ '/~,050.00 CURRENT $82,388.00 CURRENT COMPLETION DATE(S): March 15, 2004 ~"~o ~ ..3'"~ ~ ORIGINAL: March 15, 2004 CURRENT: March 15, 2004 Last BCC Approved Amount $78,050.00 Date of Last BCC Approval NIA Agenda Item N/A SUMMARY OF PROPOSED CHANGE(S): To design the pump station with submersible pumps instead of dry pit pumps. PROJECT #: 73945 MODIFICATION #: 1 JUSTIFICATION FOR CHANGE(S): En.qineers delivered the final desiqn plans last year. This P.O. was closed based on the fact that they delivered the construction plans. Our Operations preferred submersible pumps instead of the current desiqn. Therefore we asked G&H to redesign this pump station. This is a owner requested desi.qn change. PARTIES CONTACTED REGARDING THE CHANGE: Mr. Bill Mullin, Greeley and Hansen(En.qineers) and Operations. IMPLEMENTATION STEPS (Check each before proceeding with change) X Proposed change is consistent with the scope of the existing agreement X Change is being implemer~ted in a manner consistent with the existing agreement X The appropriate parties have been consulted regarding the change PROJECT MANAGER RECOMMENDATION: APPROVE: ./~/~'(/' --'"~ Date: DISAPPROVE: Date: COMMENTS: 5/12/03 C Z L 0 0 0 0 [ZC~ ~' o o f~ 0 ~UUo 0 0 ..E ~UUo 0 m 0 0 CB..~ -- S 0 0 LD 0 CD 0 ~ > 0 0 L~ L~ 010 r.- :~ '- _C L~ ¥ 0 r- ~ = rtl ,,~ o~ 0~ 0o ",13 ~r E CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Community Development Services Additional & Gara.qe PROJECT #: 0 BID/RFP #: 00-3064 MOD #: 13 AMOUNT OF THIS CHANGE $(44,923.57) PO #: 4500016724 Work Order #: CONTRACT AMOUNT: ORIGINAL $ 6,049,635.00 cURRENT 6,193,704.62 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last-BCC Approved Amount $6,049,635.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date'0f Last BCC Approval Agenda Item August 1,2000 16 E 13 Percentage of the change over/under current contract amount 2.38 % Formula: (Current Amount / Last BCC approved amount) Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: 10/31/03 CURRENT: 11/07/04 Substantial Completed ~._ SUMMARY OF PROPOSED CHANGE (S): GMP Funds Left to Spend, Misc. Invoices, General Contractor Fee JUSTIFICATION FOR CHANGE (S): To move tOwards completion. PARTIES CONTACTED REGARDING THE CHANGE: Skip Camp and Jack Croqnale. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) Y Proposed change is consistent with the scope of the existing agreement Y Proposed change is in fact an addition or deletion to the existing scope Y Change is being implemented in a manner consistent with the existing agreement Y The appropriate parties have been consulted regarding the change Y.' Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER ~COMM~NDATION: APPROVE: // ~6 ' D,SAPPRO~E%/ / COMMEN-~. . Date: Date: .REVISED 9/9/03 2004 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Community Development Services Additional & Garaqe PROJECT #: O BID/RFP #: 00-3064 MOD #: 14 AMOUNT OF THIS CHANGE $(78.52) PO #: 4500016724 Work Order#: CONTRACT AMOUNT: ORIGINAL $ 6,049,635.00 CURRENT 6,193,626.10) (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last'BCC Approved Amount $6,049,635.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval Agenda Item August 1,2000 16 E 13 Percentage of the change over/under current contract amount 2.38 % Formula: (Current Amount / Last BCC approved amount) Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: 10/31/03 CURRENT: 11/07/04 Substantial Completed SUMMARY OF PROPOSED CHANGE (S): Credit for additional GMP funds left to spend. JUSTIFICATION FOR CHANGE (S): To move towards completion. PARTIES CONTACTED REGARDING THE CHANGE: Skip Camp and Jack Cro.qnale. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) Y Proposed change is consistent with the scope of the existing agreement Y Proposed change is in fact an addition or deletion to the existing scope Y Change is being implemented in a manner consistent with the existing agreement Y The appropriate parties have been consulted regarding the change Y Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAC)ER/J~ECOM ~EN DATION: APPROVE: DISAPPRO~ COMMENTS4'. Date: Date: ~REVISED 9/9/03 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: BID/RFP #: PO #: 207164 SCRWTP Test Well Construction .PROJECT #: 70892 02-3403 MOD #: 1 AMOUNT OF THIS CHANGE $ ('~'~ ~'-~0') Work Order #: N/A CONTRACT AMOUNT: ORIGINAL $ 745~983 CURRENT $700~115 (STARTING POIN'F) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $745~983 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval 9/10/02 Agenda Item # __16( C ) 12 Percentage of the change over/under current contract amount_-6.15 % Formula: (Current Amount / Last BCC approved amount)-1 ~ Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: 01/03/2004 CURRENT: 02/17/2004 SUMMARY OF PROPOSED CHANGE (S): Extension of 45 days for time of completion, reduction in actual unit quantities tabulated after construction of wells, and additional work done for relocatinq to new drillin.q locations in SFVVMD ri.qht-of-way, and adiustment of price increase with FRP pipe due to delay in - .qettinq access and permits. JUSTIFICATION FOR CHANGE (S): The net chan.qe is a credit in County's favor of $45,868. The increase in costs of $7,288 due to delay and chanqe in location is offset by the credit $53,156. County was unable to .qet the oriqinal test well locations, resultin.q in the delay as County worked out ri,qht-of-way access with SFWMD to .qet this important raw water supply project back on track PARTIES CONTACTED REGARDING THE CHANGE: Collier County PUED, Diversified Drillinq Corp., Water Resources Solutions, Inc., Greeley and Hansen LLC. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) ~ Proposed change is consistent with the scope of the existing agreement ~ Proposed change is in fact an addition or deletion to the existing scope ~Y Change is being implemented in a manner consistent with the existing agreement ~Y The appropriate parties have been consulted regarding the change ~ Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER R~-~'OM~D~N: RECOMMEND: ~/,//f/t,.~/v /" ~----'/-~ Date: ///Z~///O ~c~/ DO NOT RECOMMEND: Date: COMMENTS: Revised 8/22/03 No .? -r? HAR 0 9 20r0 Pg. //~ __ CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Transfer Road Improvements~ PROJECT#: 69110 BID/RFP #: 03-3453 PO #: _4500011095 MOD #: 03 AMOUNT OF THIS CHANGE $_412.51 Work Order #:_01 CONTRACT AMOUNT: ORIGINAL $ _580,945.70_ CURRENT $_596,292.34 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $ 580,945.70 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval__4/22/2003 Agenda Item # _16 B-4 Percentage of the change over/under current contract amount__~_ 5'0 Cx). Cq ~ Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: 12/03/2003 CURRENT: 1/24/2004 SUMMARY OF PROPOSED CHANGE (S):_. 1. Sidewalk installation west of Lot 8. 2. Curb & gutter Type F installation. 3. Replacing seed amd mulch with sod. 4. Balance of items ~luantity. JUSTIFICATION FOR CHANGE (S): The proposed changes are based on the review and analysis of the existing field conditions and construction plans. Implementation of these changes is consistent with the project completion. PARTIES CONTACTED REGARDING THE CHANGE: Robbie Powell, Better Roads, Inc. Gregg Strakaluse, Director TECMD, Lynn Thorpe, Principal Project Manager TECMD. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) x Proposed change is consistent with the scope of the existing agreement x Proposed change is in fact an addition or deletion to the existing scope Change is being implemented in a manner consistent with the existing agreement _x_ The appropriate parties have been consulted regarding the change x Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAG__G~R RECQN[rqlENDATION: APPROVE: /'~A.~ ~ DISAPPROVE: Date: Date: COMMENTS: Revised 8/22/03 .o. HAR 0 9 200 , ,,o. // CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Grey Oaks EMS 20 PROJECT#: 52006 BID/RFP #: 02-3326 MOD #: I AMOUNT OF THIS CHANGE $3,087.63 PO #: 206018 Work Order#: CONTRACT AMOUNT: ORIGINAL $ 222,565.00. CURRENT $225,652.63 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $222,5J15.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval Agenda Item # 5/28/02 16 E 12 Percentage of the change over/under current contract amount 1~4't-~'o i. 3~ ~ Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: 6/16/04 CURRENT: 6/16/04 SUMMARY OF PROPOSED CHANGE (S): Completion of the DesiRn Review Application, Building plans, colored elevations, site plans ,Landscape plans, exterior color and material selection, presentation to the DesiRn Review Board. JUSTIFICATION FOR CHANGE (S): During the design process for this facility, an ordinance was passed.' by the City of Naples requiringthat all non-residential structures proposed to be built within the city be approved by the newly created Design Review Board. Before the implementation of this ordinance, many of the documents and materials were completed during the design process. However the time spent by BSSW to create the remaining required documents, assembly of and presentation to the Design review board were not accounted for in the original contract. PARTIES CONTACTED REGARDING THE CHANGE: Jack Croqnale, Bob Pierce, Steve Carnell IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) Y__ Proposed change is consistent with the scope of the existing agreement Y__ Proposed change is in fact an addition or deletion to the existing scope Y__ Change is being implemented in a manner consistent with the existing agreement Y_ The appropriate parties have been consulted regarding the change Y Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAG/F~/. RECOMMENDATION: APPROVE: DISAPPROVe/ ' ~" Date: ~///~//' ~ 7 Date: COMMENTS: REVISED 9/9/03 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Livingston Road III PROJECT #: 62071 BID/RFP #: 02-3413 MOD #: 12 AMOUNT OF THIS CHANGE $ 12,970.44 PO #: 207487 CONTRACT AMOUNT: ORIGINAL $ $ 19~660,269.89 Last BCC Approved Amount $ 18,899,386.08 CURRENT (STARTING POINT} (INCLUDING THIS CHANGE ORDER) 19,189,590.24 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval April 22,2003 Agenda Item # 16B2 Percentage of the change over/under current contract amount__2 % Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: NovePnber 30 2004 CURRENT: November 30, 2004 SUMMARY OF PROPOSED CHANGE (S): Street siqn panel chanqes, Hydro blastinq of existinq pavement markinqs, repair of existinq storm sewer pipe and structure on Oranqe Blossom Drive, Install 5 section signal in place of 3 section for improved traffic flow at VBR JUSTIFICATION FOR CHANGE (S): Street signs per plan were improperly named and had to be changed for Sandal wood Ln. and Sable Ridqe Ln. and approach siqns for Osceola Trail. Existinq pavement markinqs south of Pine Ridqe and on Oranqe Blossom Drive had to be removed to allow correct markinqs to be installed for opening of Livingston III phase 1. Existinq storm sewer pipe and structure was found to be in need of repair on Oranqe Blossom under the new Riqht Turn lane into the First Baptist Church. Traffic operations requested the siqnal head chanqe at Vanderbilt Beach Road intersection to alloW for better traffic flow PARTIES CONTACTED REGARDING THE CHANGE: Mike Marion~ Proiect Enqineer for Aim En.qineerinq, Better Roads Inc, Bob Tipton, Traffic Operations. Lynn Thorpe, TE&CM ' HAR 0 9 /J , Revised 8/22/03 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: BID/RFP #: 02-3364 Livin.qston Road Phase 4 PROJECT #: 65041 MOD #: C.O. # 9 AMOUNT OF THIS CHANGE $ (253,938.35) PO #: N/A Work Order #: NIA CONTRACT AMOUNT: ORIGINAL $ 6,008,521.88 (STARTING POINT) Last BCC Approved Amount $ N/A (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval CURRENT $6,029,881.26 (INCLUDING THIS CHANGE ORDER) N/A Agenda Item # N/A Percentage of the change over/under current contract amount % Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: October 23, 2003 CURRENT: January 30, 2004 SUMMARY OF PROPOSED CHANGE (S): Items #1 thru #87; Decrease the plan quantities to tl~e final measured pay '~uantities Items #88 thru #115;",' Increase the final measured Pay quantities Items #116 thru #118; Pay items added to the contract to complete the contract. JUSTIFICATION FOR CHANGE (S): To adiust the contract to the final quantities PARTIES CONTACTED REGARDING THE CHANGE: Lynn Thorpe P.E. - Principle,:p.,.?i(~ct Mana.qer, Eddie Martin - TECM Field Proiect Mana.qer, Scott Gordon - Proiect ManaRer IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) x Proposed change is consistent with the scope of the existing agreement x Proposed change is in fact an addition or deletion to the existing scope x Change is being implemented in a manner consistent with the existing agreement x The appropriate parties have been consulted regarding the change x Proposed prices, fees and costs set forth in the change are reasonable Date: Date: PROJECT MANA,,GER, RECOM[VIENDATION: APPROVE: c~'d~'~-- "~'~ ~-' DISAPPROVE: COMMENTS: Revised 8/22/03 MAR 0 9 200 .o. CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: .Grey Oaks Public Safety Facility PROJECT #: 52006 BID/RFP #: 03-3493MOD #: I PO #: 4500013327 Work Order #: AMOUNT OF THIS CHANGE $1,241.65 CONTRACT AMOUNT: ORIGINAL $1,650,406.00~ (STARTING POINT) Last BCC Approved Amount $1,650,406.00 Date of Last BCC Approval CURRENT $1,651,647.4~ (INCLUDING THiS CHANGE ORDER) (LAST TOTAL AMT. REQUIRING BCC APPROVAL) 6/10/3 Agenda Item # 16 E 6 Percentage of the change over/under current contract amount .08% Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: 6/16/04 CURRENT 8/11/04 SUMMARY OF PROPOSED CHANGE (S): Delete Concrete beam B-6 and reinforcing over covered entry area. Add W12X26 as indicated, match radius of adjacent curved steel beams. Add amber plates and anchorage at beams TB15 and B7, match structural details for adjacent beams. JUSTIFICATION FOR CHANGE (S): wants it all t(~ match. Concrete tie beam did not match the steel, and the owner PARTIES CONTACTED REGARDING THE CHANGE: Bob Pierce & Jack Croqnale IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) Y Proposed change is consistent with the scope of the existing agreement _Y_ Proposed change is in fact an addition or deletion to the existing scope _Y_ Change is being implemented in a manner consistent with the existing agreement Y The appropriate parties have been consulted regarding the change Y Proposed pdces, fees and costs set forth in the change are reasonable APPROVE: ~ ? ~-.~r__~ Date: DISAPPROVE: ~ ~ Date: - COMMENTS: REVISED 9/9/03 AGENDA liAR 0 9 _200 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Developing a Land and Land Riqhts GIS Database, ~ - PROJECT #:, 03-3548 BID/RFP #: 03-3548 MOD #: 1 · AMOUNT OF THIS CHANGE $13=2~'7 PO #: Work Order #: ZZ.-~-~ 5-O I CONTRACT AMOUNT: ORIGINAL $ 205,244, CURRENT $218,524. -~' (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approged Amount $ 2~ (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval January 27, 2004 Agenda Item # 16-E-3 Percentage of the change over/under current contract amount 6.5% Formula: (Current Amount / Last BCC approved amount)-1 ' Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing repod. CURRENT COMPLETION DATE (S): ORIGINAL: 2/15/2005 CURRENT: 2/15/2005 SUMMARY OF PROPOSED CHANGE (S): Optional Task 1 will be split into two pads. Part 1 involves the scanninq of Real Estate Services documents only. Part 2 involves the remainder of documents to be scanned. The contractor will complete part 1. Part 2 will remain optional. Cost and schedule are the same; Scope remains the same with respect to the documents that will be; scanned. JUSTIFICAT'~ON FOR CHANGE (S): Th~ scanninq was considered a critical task at tho .be.qinninq. IZIowever, budget limitations required us to make' this task continqent on fundinq. Tho task force later a.qreed that this task was not an "all-or-nothin.q" task and aqreed to the split so that the most critical podions of this task could be completed within the oriqinal budqet ($225,000). PARTIES CONTACTED REGARDING THE CHANGE: Jones, Edmunds & Associates Inc., Midwest Retro-Graphics (sub-consultant of JEA), Land and Land Riqhts Task Force. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) _Y Proposed change is consistent with the scope of the existing agreement '- ' N/A Proposed change'is in fact an addition or deletion to the existing scope " _Y Change is being implemented in a manner consistent with the existing agreement _Y The appropriate padies have been consulted regarding the change _Y Proposed prices, fees and costs set fodh in the change are reasonable PROJECT MANAGER RF-~O~END~ATION: APPROVE: '~ ~~~-~--~, ' Date: 2/9/2004 DISAPPROV .E'~ ~ ¢' Date: COMMENTS: Attached is an updated cost estimate of Optional Task 1 showinq the split between the two pads.' Also attached is an e-mail from Chuck Carrinqton, Director of Re~l Estate Services, explaining the critical benefits of this chan.qe. REVISED 9~9~03 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: PROJECT #: BID/RFP #: NAME OF FIRM: NCWRF 5-MGD Expansion 73031 99-2908 Pr~ectlntegration, lnc. CONTRACT AMOUNT: ORIGINAL: $18,350,000.00 LAST BCC APPROVED AMOUNT: $20,462,803.45 CURRENT COMPLETION DATE(S): LIQUID STREAM SUBSTANTIAL: ORIGINAL: SOLIDS STREAM SUBSTANTIAL: ORIGINAL: PROJECT FINAL: ORIGINAL: MODIFICATION #: C.O. #14 k~OUNT OF THIS CHANGE: $48,266.28 CURRENT:S20,684,959.50 (May 22, 2001, Item 16.C.8 09/22/01 09/22/01 11/21/01 CURRENT: 11/06/01 CURRENT: 02/18/02 CURRENT: 03/15/02 PERCENTAGE OF THE CHANGE ORDER OVERt UNDER ~ CCNTRACT AMOUNT: SUMMARY OF PROPOSED CHANGE(S): See Descriptions for Items 1 through 35 OrT'~,'~ attached "Summary of Items~. JUSTIFICATION FOR CHANGE(S): See Reasons and Justifications for Items 1 through 35 on the attached "Summary of Items". PARTIES CONTACTED REGARDING THE CHANGE: Project Delivery Team (i.e. - NCWRF Plant Staff, County Project Manager, Engineer, Contractor) IMP/AEMENTATION STEPS (Check each before proceeding with change) ._/?roposed change is consistent with the scope of the existing agreement -/,Proposed change is not included in the existing scope ~//Change is being implemented in a manner consistent with the existing agreement ~--~'Proposed p[ices, fees and/or costs set fodh in the, change are reasonable ~-.~he appropriate parties have been consulted regarding the change ~'Consulting Engineer has verified the change, proposal and pricing and has determined them to be fair and reasonable. CONSULTING ENGINEER RECOMMENDATION: DO NOT RECOMMEND: PROJECT MANAGER RECOMMENDATION: RECOMMEND: P- ~"'~ DO NOT RECOMMEND: Date: Date: Date: COMMENTS: I: Forms/County Forms/Purchasing Forms/Check List 4/12/03 CDC-PI-CO14 Page I of I MAR 0 9 2004, CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Parks and Rec Management Software PROJECT #: BID/RFP #: 03-3463 MOD #: I AMOUNT OF THIS CHANGE $ 7,125.00 PO #: 4500022506 Work Order #: CONTRACT AMOUNT: ORIGINAL $ 72,337.50 CURRENT $ '79,462.50 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $ 72,337.50 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval 11/18/03 Agenda Item # 16D2 Percentage of the change overldfi~urrent contract amount .10 % Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: N/A CURRENT: N/A SUMMARY OF PROPOSED CHANGE (S): Purchase license for adding Memberships/ membership scanning modules. JUSTIFICATION FOR CHANGE (S): To enhance the ability to track memberships at the Fitness Center and Aquatic Facility. PARTIES CONTACTED REGARDING THE CHANGE: Marls Ramse¥, Parks Director, Steve Whittiert Parks Recreation Manager, Chris Walters,Class Software Account Manager IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) ~ Proposed change is consistent with the scope of the existing ag'reement __Y Proposed change is in fact an addition or deletion to the existing scope __Y Change is being implemented in a manner consistent with the existing agreement Y The appropriate parties have been consulted regarding the change __Y Proposed prices, fees and costs set forth in the change are reasonable APPROVE: Date: DISAPPROVE: Date: COMMENTS: REVISED 9/9/03 CONTRACT MODIIqCAI ION uti~,L~ L~ ~ PROJECT NAME: CONTRACT MODIFICATION CHECKLIST FORM Immokalee Road,_ Collier Blvd. To 43rd Ave. N.E. PROJECT #: 60018 BID/RFP #: 02-3419 MOD #: 2 AMOUNT OF $ $186,390.00 THIS CHANGE PO #: 45 00002113 CONTRACT AMOUNT: ORIGINAL $ __30,107,739.23 CURRENT: $34,124,415.18 (STARTING POINT) {INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $ 33,938,025.18 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval November 18, 2003 Agenda Item # 16B-6 /, Percentage of the change over/under current contract amount .05 % ,. ~'~ Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: October 14, 2007 CURRENT: April 11, 2008 SUMMARY OF PROPOSED CHANGE (S): Increases Embankment quantity to account for thickness of asphalt that will be removed from the existinq roadway JUSTIFICATION FOR CHANGE (S): The embankment quantity in the plans did not include area that is lost by removal of the existing asphalt. PARTIES CONTACTED REGARDING THE CHANGE: Desiqner CH2MHILL, APAC, John; _Engineering, Lynn Thorpe IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) x Proposed change is consistent with the scope of the existing agreement _x Proposed change is in fact an addition or deletion to the existing scope x Change is being implemented in a manner consistent with the existing agreement x The appropriate parties have been consulted regarding the change _x... Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANA_.~_~R RE~CO~0~ENDATION: APPROVE: ~-x~4,,..~ /'A,,z~--~_~ - DISAPPROVE: Date: Date: 2/20/2004 EXECUTIVE SUMMARY APPROVE PAYMENTS TO SUBCONSULTANTS FOR THE NAPLES JAIL PROJECT IN THE AMOUNT OF $112,845. OBJECTIVE: To obtain Board approval of payments to subconsultants of AEC National, Inc. for work performed on the Naples Jail Project prior to the retention of replacement architectural firm. CONSIDERATIONS: The architects hired to assume work on the Naples Jail Project (hereinafter referred to as "Project") after the AEC National, Inc. contract was terminated, have reviewed invoices submitted by subconsultants that reflect work performed, but not paid for by AEC National, Inc. The review indicated that the work was performed and payment should be processed. County staff will pay the subconsultants from funds budgeted, but not spent, for the Project. Schenkel & Shultz, Inc., the new firm hired by the County to finish the Project, has verified the outstanding balances owed to the subconsultants. The amounts due to the three subconsultants are as follows: TLC Engineering TKVV Engineering Walker Parking Consultants $ 70,965.00 $ 22,680.00 $19,200.00 Total Outstanding Invoices $112,845.00 Funds withheld from the AEC Contract: Holding Check for October Invoices $ 41,283.03 Unprocessed Invoices for November $13,083.04 Total Check/Invoices for AEC: $ 54,366.07 The difference between the outstanding invoices due to the subconsultants and the invoices and check withheld from AEC is $58,478.93. Subcontractor Invoicing AEC Check/Invoices Held $112,845.00 $(54,366.07) Balance Due for Subconsultants: $ 58,478.93 The remaining funds from the AEC contract are currently $337,743.80 because November invoices totaling $13,083.04 have not been processed. The County is still holding the check for $41,283.03 covering the October invoices. If this check is voided and the funds revert to the project the balance increase to $379,026.83. Under the original consulting services agreement with AEC National, Inc., all services performed by subconsultants were paid for by the County to the prime consultant who, in turn, pays each subconsultant. Given that the prime agreement has been terminated and given that the subconsultants have rendered services in accordance with the prime agreement, staff recommends that the Board authorize payments totaling $112,845, to the respective subconsultants as identified herein. Each subconsultant shall sign a release to the County verifying that the monies owed, as listed above, are correct, j- AG[~,~ ~.Tj:~-'~ I HAR09200 I' "... / _ The County Attorney's Office has filed suit against AEC National, Inc. for any losses resulting from its failure to perform and has noti{ied the company's insurers of the County's claim. FISCAL IMPACT: There is no immediate impact because the funds will come from the monies budgeted for the construction of the Project. GROWTH MANAGEMENT: There is no growth management impact. RECOMMENDATION: That the Board of County Commissioners approve the payment to the three aforementioned subconsultants, not on a theory of contract, but rather in quantum meruit for the work performed. Prepared by: Jl~queline Hubb~rd'~ " A~istant County Attorney Date:-~-~' 07. ~ '-"O ¢-~ Steve Ca'rnell, Purchasing General Services Director Date: Reviewed by: _~ S//i¢¢am P, Facil~ies l~lanagement Director ~dproved by: Len Golder~ Price, Administrative Services Administrator Date: Date: 2./~.~:::~/~)'~ H: JH/Executive Summary/AEC 020604 2 EXECUTIVE SUMMARY AWARD ANNUAL CONTRACT FOR UNDERGROUND UTILITY CONTRACTING SERVICES PURSUANT TO RFP #04-3555, IN THE ESTIMATED AMOUNT OF $6,000,000. OBJECTIVE: To provide scheduled and emergency underground utility construction services to be used by any County Department. CONSIDERATIONS: Due to the aggressive schedule requirements for upcoming Public Utilities Engineering projects included in the Five Year Water and Wastewater Master Plans and the scheduled and emergency requirements of the Water and Wastewater Departments, it was determined by staff to be in the best interests of the County to reissue the Request for Proposal for the Annual Contract for Underground Utility Construction Services. The RFP was publicly advertised on November 7, 2003. Notices were sent to 118 firms with 17 vendors requesting full packages. Six responses were received by the due date of December 5, 2003. A Selection Committee meeting was held on January 12, 2004 and after review and discussion, by consensus of the Selection Committee members, the following six firms have been selected. 1. Mitchell & Stark Construction 4. Quality Enterprises 2. Douglas N. Higgins 5. Haskins, Inc. 3. Kyle Construction Inc. 6. ADB Utility Contractors Due to the amount of work expected to be done under this contract, the Selection Committee recommends that all six firms be put under contract. The Scope of Services states that the utility contracting services shall not exceed $200,000 for any one project without Board approval and shall have a maximum annual contract amount limit of $5,000,000 per vendor. FISCAL IMPACT: Different departments will use these services. Each user department will budget funds for specific projects. GROWTH MANAGEMENT IMPACT: There is no impact on growth management associated with this item. RECOMMENDATION: That the Board of County Commissioners, as the Ex-officio Governing Board of the Collier County Water-Sewer District, approve the Selection Committee's selection of firms, and authorize the Chairman to execute the standard contracts subject to approval by County Attorney. '[y(~ ,~f.. Wbod, C.P.M., Purchasing Agent Ste~e ~;'~nell, Purchasing/General Se(vices Director Len Golder~Price~'Administrative Services Administrator EXECUTIVE SUMMARY APPROVE CONTRACT FOR CONSTRUCTION MANAGER AT RISK FOR THE PROPOSED COURTHOUSE ANNEX AND PARKING GARAGE, RFP # 04-3576 TO KRAFT CONSTRUCTION, INC. OBJECTIVE: To Award RFP #04-3576, proposed Courthouse Annex and Parking Garage, to Kraft Construction Company, Inc. CONSIDERATIONS: On September 4, 2003, the County Manager authorized a selection committee to review, evaluate and rank proposals from construction firms capable of providing construction management at risk services for the Courthouse Annex and Parking Garage. The RFP was advertised on October 2, 2003. Notices were sent to 218 firms with 23 firms requesting the full RFP package. On the due date of October 24, 2003, 5 proposals were received: Kraft Construction, Centex-Rooney, James A. Cummings, Inc., The Tower Group, and W.G. Mills, Inc. Kraft Construction was selected as the first choice (see attached Ranking Matrix). Staff with the following results negotiated the contract for the Courthouse Annex and parking garage: 1. Services during Design Phase: One-half of one percent of Targeted Construction Budget. A. Courthouse Annex ½% of $11,500,000 = $ 57,500 B. Parking Garage ½% of $11,500,000 = $ 57,500 Total Design Phase $115,000 2. Services Durinq Construction Phase: Guaranteed Maximum Price (G.M.P.) will be determined when Design Development Documents are sufficiently complete to establish the scope of work for the project. FISCAL IMPACT: The total approved Project budget is $13,500,000 for the Courthouse Annex's design and construction and $900,000 for the design only of the Parking Garage. These funds were made available from the 301 Capital Project Fund and are sufficient to fund the services during design. Staff will return to the Board for approval of the GMP and to request funds for the construction of the Parking Garage when the GMP has been determined. GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Growth Management Plan and the Projected Space Assessment Analysis. RECOMMENDATION: That the Board of County Commissioners award RFP #04-3576 to Kraft Construction Company, Inc. and authorize the Chairman to sign an agreement with Kraft Construction Company, Inc. after review by the County Attorney's Office. !HAR 0 9 200 RFP #04-3576 Cont. Page 2 PREPARED BY: /'~'~" ~'~~ a r ~ crog-nale, Cel~St~uctio~ Man ge ///i~epartment of Faciliti.~;,~,,Management REVIEWED ~ Skip Camp~ ~dv'tc~irector Department/of Facilities Management REVIEWED BY: o,uphen ¥. Came , ' Purchasing Department APPROVED BY: Len Golde~ Price, Administrator Administrative Services Division Z~-- z AGENDA [TE~' MAR 0 9 2o0,~ EXECUTIVE SUMMARY APPROVE AMENDMENT NO. 1, CONTRACT # 02-3422, TO DISNEY & ASSOCIATES, P.A. FOR ARCHITECTURAL SERVICES FOR DESIGN OF THE NEW COUNTY FLEET FACILITY IN THE AMOUNT OF $154,750. OBJECTIVE: To approve Amendment No. 1, Contract # 02-3422, to Disney & Associates for the design of the new County Fleet Facility. CONSIDERATIONS: On February 25, 2003, the Board approved Agenda Item 16E.2., Contract # 02-3422 (Design of the New County Fleet Facility). Subsequent to the award and during the Schematic Design Phase, the scope of the project was increased requiting substantially more design services. The changes in scope are as follows: The review required by the South Florida Water Management District (SFWMD) resulted in an increase in the estimated water retention requirements. The additional requirements reduced the amount of land available for construction. As a result of the reduction in available land for construction and the program's efficient placement of spaces, the buildings are too long for the site depth. BCC Fleet was revised to a 2 story Administration section and to an "L" shape to function on the site. Increased circulation and added structural design were not part of the original project scope and the program added 2 stairs, 1 elevator, elevator equipment, 6 future growth offices and 1 future growth storage area. o Due to CAT maintenance, the County will not be phasing the facility but instead the facility xvill be completely built out when completed, which will allow 10 to 15 years of growth. At that time, a satellite facility will be required to satisfy additional growth. To build out the County's Facility 10,536 SF were added for a total of 30,776 SF. The Sheriff's Facility added 10,959 SF for a total of 32,879 SF. Negotiations with Disney & Associates for the additional services resulted in an increase in the architectural fee of $154,750.00, for a total design fee of $689,650.00. This fee is 7.8% of the Project Budget. FISCAL IMPACT: Funds for the additional architectural fees are available in the existing project budget that is funded from the Capital Improvements Fund (301). GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Growth Management Plan. RFP # 02-3422, Addendum No. I · Page 2 RECOMMENDATIONS: That the Board of County Commissioners approve Amendment No. 1, Contract # 02-3422 to Disney & Associates for the design of the New County Fleet Facility and authorize the Chaim~an to sign an ~greement with Disney & Associates after re-view by the County Attorney's Office. PREPARED BY: ,//~.,~t /'"J/cl( Crognale, Corl~truction Manager //Depanment of Facilities Management DATE: ~:ip"Camp, CFM, Director Department of Facilities Management DATE: REVIEWED BY: Purchasing Department DATE: APPROVED BY: Len Golde~Price, Administrator Administrative Services Division MAR 0 9 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Collier County Fleet Facility PROJECT Cf: 52009 BID/RFP Cf: 02-3422 MOD #: Amendment 1 AMOUNT OF THIS CHANGE $154,750.00 PO #: 4500016851 Work Order #: CONTRACT AMOUNT: ORIGINAL $ _500,000.00 CURRENT $683,650.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $500,000.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval2/25/03 Agenda Item Cf 16-E-3 Percentage of the change over/under current contract amount 36.73% Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: 1/1/05 CURRENT: 1/1/05 SUMMARY OF PROPOSED CHANGE (S): The basis of the request is revision required by the Fleet user as they differ from and increase the scope of the proiect. JUSTIFICATION FOR CHANGE (S): These changes are based on the owners decision to change and increase the scope of services.. PARTIES CONTACTED REGARDING THE CHANGE: Len Price, Skip Camp, Jack Croqnale IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) YesProposed change is consistent with the scope of the existing agreement Yes Proposed change is in fact an addition or deletion to the existing scope Yes Change is being implemented in a manner consistent with the existing agreement Yes The appropriate parties have been consulted regarding the change Yes Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: APPROVE: jf ~.~,'~'~ DISAPPROV~- /' COMMENTS: Date: REVISED 9/9/03 AGEN. O.A IT~ I No, o~ HAR 0 9 200 . Date: RE: Contract: Wednesday, February~ 02-3422 Collier County Fleet Facility Project 52009 Amendment No.: Change Order/Work Order No. Contractor/Consultant: Change Order/Work Order Amount: Last BCC Approved Amount Revised Agreement Amount Overall Percentage Increase/Decrease Revisions required by Fleet users differ from the original scope of services. The original scope has been changed. Will go to BCC Amendment NO. 1 Disney $154,750 $ 500,000 $ 683,650 36.73% To Steve:2/25 BCC Report: 2/25 Scanned, to Bonnie Steve's Acknowledgement: Scanned Date: Date: AGE 1~4DA I TE M..~ MAR O 9 2004 EXHIBIT A-1 Contract Amendment # 1 Design of New County Fleet Facility - RFP#02-3422 This amendment, dated ,2004 to the referenced agreement shall be by and between the parties to the original Agreement, Disney & Associates, P.A. (to be referred to as "Design Professional") and Collier County, Florida, (to be referred to as "Owner"). Statement of Understanding RE: Contract # 02-3422 "Design of the New County and Sheriff's Fleet Facility" In orde? to' cbntinue the services provided for in the original Contract document referenced above, the Design Professional agrees to amend the above referenced Contract as per the Supplemental Authorization Exhibit "Al-Schedules A, B, and C" attached to this Amendment and incorporated herein by reference. This Amendment shall extend the Agreement 184 days from the "Notice to Proceed". The Design Professional agrees that this amends the original Contract and that the Design Professional agrees to complete said additional services in the amount of One-hundred and fifty-four thousand, seven hundred and fifty dollars ($154,750.00) as per Exhibit "Al-Schedules A, B, and C". All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the Design Professional and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. By: Thomas J. Jones By: Dated: February 6, 2004 CONSULTANT. //,) Disney & Associates, P.A [ Dalas D. Disney Title: President Dated: February 6, 2004 CORPORATE SEAL ATTEST: OWNER: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Donna Fiala, Chairman Approved as to form and Legal sufficiency: Thomas Palmer Assistant County Attorney HAR 0 9 200 . Pg'__ ~'~ Disney & Associates, P.A. Architecture and Planning 125 Airport Road North Suite 200 Naples. Florida 34104-3500 Phone 239-261-3399 Fax 239-261-9414 Email d.disney ~' earthlink.net February 6, 2004 Collier County Facilities Management 3301 East Tamiami Trail, Bldg. W Naples, FL 34112 Attn: Mr. Jack Crognale, Construction Manager Re' Professional Service Proposal for RFP #02-3422, New County Fleet Facility Contract Amendment - Schedule "A" Scope of Services Note: This Proposal appends the original contract dated February 25, 2003. AA 0002502 Dear Mr. Crognale: We have formalized our revised professional fees for the project and hereby request an amendment to our agreement as an increase to our Professional fee for requested scope revisions. We have included a revised Schedule "B - Attachment "A" for the Professional Fee revisions and also an updated Schedule "C" Project Schedule for inclusion with this Amendment. The basis of our request is revisions required by the Fleet users as they differ from and increase the scope of the project. The scope of the project has increased based upon design discussions with the Fleet users and largely the future portions of the project will be built during this first portion of the project thus increasing substantially our work. The review requirement by the South Florida Water Management District (SFWMD) in lieu of Collier County is another major difference in the scope of work. We have listed herein the revisions and square footage increases that have caused our increased work and associated fee increase. The revisions for the various portions of the project are as follows: Sheriff Fleet Adds to Phase I; (2) growth Offices, (1) Conference Training, (1) Files Room, (1) Copy / Printer Room, (8) Auto Work Bays (MP shop space was 13,440 GSF, Now 20,800) Admin. Total GSF = 9,976 GSF (Phase II incorporated w/Phase I) Phase I Total Program = 20,800 + 9,976 = 30,776 GSF Phase II = None All absorbed into Phase I Master Plan = 20,240 GSF, Net Add = 10,536 GSF New Collier County Fleet Facility - RFP #02-3422 Disney & Associates, PA - Contract Amendment #1 Page 1 of 9 I"~-. 4~A IT_EM-- ! ". MAR 0 9 200 BCC Fleet Adds to Phase I; > (2) Bus Bays, (1) Welding Shop, (1) Shop Equipment Storage, (1) Tire Storage, (1) Battery Storage, (1) Bulk Fluid Storage, (1) Compressor Room (Totals 6,020 GSF) (MP Shop space was 17,000 GSF, Now 21,920) > Added Covered Drop exterior area and no SF assigned at this time. ~' Admin. total GSF = 8,799 GSF Phase II = 2,160 GSF > Phase I Total Program = 21,920 + 8,799 = 30,719 GSF + Phase II 2,160 GSF = 32,879 GSF ~' Master Plan = 24,330 GSF; Net Add = 8,549 GSF Designs were developed ~nder the expanded scope and would not fit oh the site due to program placement of spaces. The buildings are too long for the site depth. BCC Fleet was revised to 2-story Administration and to "L" shape to function on the site. Increased circulation and added structural design were not a part of the original project scope and the program added (2) stairs, (1) Elevator, (1) Elevator Equipment, (6) Future Growth Offices, (1) Future Growth Storage. Sheriff's Fleet was studied for consolidation of spaces and side access for Drive-thru service Drop, 24 work Bays, spaces are to be reorganized for separation of Purchasing / Radio / Shop and Shop related Administration. Future expansion is eliminated and all functions are built in Phase I. Shop work Bay Area now incorporates interior Central Vehicle Circulation in lieu of exterior strip designs. Scope revisions as outlined above total 30,532 GSF added to Phase I of the Project. Our work effort is divided into segments that reflect the same type of task list that is currently a part of our agreement. New tasks have been added where necessary to accommodate the revised scope of work for the Civil Engineering, Rezoning, SFWMD documents and submissions, Environmental Resource Permitting, and other items as further outlined in this document. The work on the project completed to date shall be reutilized to the greatest extent possible and this proposal takes into account services rendered with credit applied where applicable. Outlined below is a summary of the changes to the project's development concept, anticipated scope of services and the associated professional 'service fees. PROJECT PROFILE · The Collier County Board of County Commissioners (OWNER) intends to develop a public use facility on a site 4-10.0 acres (Project). The Project is generally located at the east side of County B am Road approximately 0.5 miles t o t he south o f D avis Boulevard ( S.R. N o. 8 4) i n Section 8, Township 50 South, Range 26 East, Collier County, Florida. · The project will consist of several separate commercial buildings. The proposed land uses include a new fleet facility for Collier County and the Collier County Sheriff's Department. Proposed site improvements will generally include on-site parking and driveways, dry pre-treatment and water management detention areas, and associated underground infrastructure. · The OWNER desires to modify existing contract #03-3422 for the services of Disney & Associates, PA (CONSULTANT) and proceed with the Project as described within this proposal and the updated Site Plan part of the programming and research for the facility prepared by Disney and Associates, P.A. New Collier County Fleet Facility - RFP #02-3422 Disney & Associates, PA - Conic'act Amendment #1 Page 2 of 9 HAR 0 9 Pg.~ - / PROJECT ASSUMPTIONS Note: All Project Assumptions from the original approved contract dated February 25, 2003 are considered to be valid and true unless specifically stated otherwise below. The Environmental Resource Permit Application (ERP) for this project will be reviewed by the SFWMD, as they are enforcing the prohibition of self-permitting by the County. The project will require full compliance with SFWMD rules and regulations, including water quality and storm water attenuation design parameters. No special considerations are given for this being the redevelopment of an existing development with regards to the site water management facilities. The Consultant will retain the services of an ecology consultant to participate in the ERP application process. CDES Planning Service staff provided guidance that the rezoning to P, Public Use District would not be required, but may be required after staff analysis of the Conditional Use Petition. Conditional Use application and support documents shall require modification to accommodate changes to the site plan and usage program. Procedural and methodology changes will also require additional consultant time not originally anticipated under the original agreement. a. Subsequent to the original Conditional Use Application form's substantial completion, the form has been modified by CDES staff. While the majority of the information contained in the original application is similar, a new form will need to be completed. b. Subsequent t o t he original transportation analysis data collection and calculations prepared t o support the required Traffic Impact Statement (TIS), the methodology for estimating background traffic has been changed by policy of the Board of County Commissioners. Based on the new prescribed methodology, new analyses will need to be prepared as support documentation for the required Traffic Impact Statement. Subsequent to the original Traffic Impact Statement's partial preparation, the Transportation Division has modified the TIS guidelines through staff policy. Based on that revised policy, a new TIS will have to be prepared. Based on the Process Review Task Force efforts with CDES, additional consultant staff time will need to be devoted to interdepartmental and multi-departmental meetings to clarify, quantify, and justify development intent. The Transportation Division's Traffic Operations and Alternative Transportation Modes Department will have a greater role in reviewing zoning petitions, therefore, additional consultant staff time will be required to clarify, quantify, and justify development intent as the proposed Fleet Facility redevelopment will affect/interface with public rights-of-way (ie: County Barn Road). f. Given the programming of the County's Capital Road Project Number 60101, County Barn Road improvements will be designed during the Fleet Facility redevelopment zoning process. Significant consultant staff time will be required to coordinate through meetings, telephone conferences, and written/electronic correspondence with the Transportation Division's Transportation Planning, and Operations, Right-of-Way and Development Review Departments. The Site Development Plan (SDP) is currently known as a "Development Order", pursuant to Division 6, and Section 3.15 of the Land Development Code (LDC). Section 3.15 of the LDC relates to Adequate Public Facilities, or "concurrencf'. Recent amendments to that Section 3.15 of HAR 0 9 200/! New Collier County Fleet Facility - RFP #02-3422 Disney & Associates, PA - Contract Amendment # 1 Page 3 of 9 the LDC, related to transportation concurrency, have imposed requirements relating to obtaining Certificates of Adequate Public Facilities as a part of the SDP approval process, and a requirement to monitor traffic after SDP approval. These additional new requirements, and procedural changes require additional consultant stafftime. SCOPE OF SERVICES Prelirriinary Matters These services will include providing professional Architectural and Engineering advice as requested by OWNER or as necessary for the project development. Services included are: A. Acquire, assemble, and coordinate all Architectural and consultant costs and scope of work for the project. B. Research project revised scope of work and issue to consultants for coordinated effort and elimination of unnecessary services. C. Verify inclusion of necessary services as outlined in the Professional Services Agreement and the modified scope of services. D. Prepare and submit proposals, change order and Exhibits to Collier County. E. Preparation of all modifications to the existing Architectural consultant agreements. F. Modify all project files, billing templates and systems. Site Data - Site Related A. ALTA Survey Original contract work is completed and is unchanged by this scope revision. Design Phase Survey Original contract work is completed and is unchanged by this scope revision. Fo Phase I Environmental Survey Original contract work is completed and is unchanged by this scope revision. Asbestos Survey Original contract work is completed and is unchanged by this scope revision. Geotechnical Survey Original contract work is completed and is unchanged by this scope. Rezoning Application and Conditional Use Application (Fee Increase) · Prepare and submit a rezoning petition application, and required support documentation, including the Traffic Impact Statement, in accordance with Division 2.7. of the Collier County Land Development Code. · Provide planning and civil engineering methodology for the application and sufficiency responses that may be required by Collier County. New Collier County Fleet Facility - RFP #02-3422 [ I~o./q, -c::, 5' Disney & Associates, PA - Contract Amendment #1 Page4of9 I MA[~ 0 [} 200/! · Prepare up to one (1) minor modification to the Final AutoCAD Site Plan as applicable for review and approval by the Client. · Check site plan for consistency with applicable zoning and development regulations. Note: The Final AutoCAD Site Plan will be the basis for the preparation of the required Cond~'onal Use Site Plan, ERP plan and Site Development plan. · Consultant will provide the required utility provision forms to support the zoning application. · Consultant will represent the Client at all required meetings with County review staff prior to submission of the rezoning application. · Prepare and submit a Conditional Use Zoning Petition, including the required Conditional Use Site Plan, for a "Major maintenance and service facility" in accordance with Section 2.2.18, and Division 2.7 of the Collier County Land Development Code. · Provide planning and civil engineering methodology for the application and sufficiency responses that may be required by Collier County. · Consultant will represent the Client at all required meetings with County review staff prior to submission of the Conditional Use application. · Meetings and follow-up with reviewing staff, and one (1) re-submittal adjustment as requested by reviewing agency. · Representation during the public hearing processes. Water Management Desi,~n and ERP Application (Fee Increase) Consultant will provide the following design and permit application services: · Design a water management system and prepare corresponding engineering calculations, hydraulic models and reports. Prepare alternate design scenario for analysis of best and most efficient use of site property and facilities Prepare water management permit plans and supporting exhibits. Prepare the civil engineering components of the application to South Florida Water Management District (SFWMD) for an Environmental Resource Permit (ERP) and one (1) sufficiency response to agency comments. Note: It is assumed the water management permit plans will be used as the basis for final construction plans required for the SDP process. Ho ERP Application Support (Fee Increase) Consultant will provide the following permit application support services: · Respond to civil engineering related review comments issued by the SFWMD. · Prepare revisions to design, calculations and plans based upon review comments. · Coordinate with environmental consultant on environmental issues related to ERP application. Note: It has been assumed the ERP will require three (3) additional submiztals to reach permit approval- Permit Application Preparation and Support (fee increase) New Collier County Fleet Facility- RFP #02-3422 Disney & Associates, PA - Contract Amendment #1 Page 5 of 9 A~i~NOA ~' ~'~ No../~-4~ MAR 0 9 2001 Jo Consultant will prepare and support one (1) set of permits applications to the following agencies: · Collier County for Site Development Plan (SDP) approval. · Development Order transportation concurrency compliance, including monitoring. · Collier County for Right of Way permit. · Florida Department o fEnvironmental Protection (FDEP) forNotice of Intent to Use General Permit for Sewer Collection/Transmission System. Florida Department o f Environmental Protection (FDEP) for Notice o f Intent t o U se? General Permit for Water Main Extension. · EPA for NPDES Notice of Intent to Use General Permit. · Collier County for Development Excavation Permit. Note: It has been assumed the SDP will require three (3) separate submittals to reach permit approval For all other permit applications noted two (2) separate submittals have been assumed for each. General Consultation These services will include providing professional planning, civil engineering, and land surveying consultation and advice as requested by Client. Services can include, but are not limited to the following: · Consult with Client to clarify and define development goals and requirements for the Project and review new Project information. · Identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the Project and participate in one (1) consultation with each authority if necessary. Collect project information not provided by the Client. Attend up to six (6) project team meetings. General coordination with other consultants and utility service providers. Prepare six (6) project progress reports. Prepare and/or update a project schedule with critical tasks and dates for the zoning, design, permitting and construction activities to be performed by RWA. Perform additional services beyond the contract-defined scope of services as requested by Client. Site Planning Provide the following services during the site plan process: · Prepare one (1) Final AutoCAD Site Plan for the Project based upon the approved conceptual site p lan provided b y t he Client. The site plan will depict and quantify the relationship, size and configuration of the major land use elements of the project including buildings, 1 andscape buffers, o pen s paces, intemal vehicular circulation, a nd storm water detention areas. New Collier County Fleet Facility - RFP #02-3422 Disney & Associates, PA - Contract Amendment #1 Page 6 of 9 }4AR 0 9 200 · Prepare up to three (3) minor modifications to the Final AutoCAD Site Plan as applicable for review and approval by the Client. · Check site plan for consistency with applicable zoning and development regulations. Note: The Final AutoCAD Site Plan will be the basis for the preparation of the required Conditional Use Site Plan, ERP plan and Site Development plan. L. ERP Ecological and Environmental Services Consultant's Ecologist shall provide the following permit application support services: · SFWMD Pre-application Wetland Jurisdictional Determination i. Flag SFWMD jurisdictional wetland lines ii. Prepare FLUCFCS map iii.Submit Agency requested information for jurisdictional determination iv. Conduct site visit with SFWMD staff to verify lines v. Obtain SFWMD sign-off of jurisdictional lines · Listed Species Survey i. Conduct Listed Species survey ii. Prepare map showing approximate location of listed species iii. Prepare report summarizing results of survey · SFWMD ERP application i. Assist Project team in developing site plan with respect to wetland and listed species issues. ii. Provide technical assistance for development of permitting strategy. iii. Attend one pre-application meeting with SFWMD staff in Ft Myers iv. Prepare environmental items for Project Engineer's submittal to the SFWMD v. Prepare mitigation and monitoring plan for wetland impacts vi. Coordinate preparation of permit application with Project team. vii. Attend team meetings · SFWMD ERP support i. Prepare environmental responses to SFWMD requests for additional information. ii. Negotiate wetland mitigation requirements with SFWMD staff. iii. Coordinate Project review with SFWMD staff and attend Project review meetings with SFWMD staff. U.S. Army Corps of Engineers (COE) No Permit Required request i. Prepare and submit No Permit Required request package to COE ii. Follow up coordination with COE and Project team. M. Easement Descriptions Original contract work is unchanged by this scope revision. New Collier County Fleet Facility - RFP #02-3422 Disney & Associates, PA - Contract Amendment #1 Page 7 of 9 No. MAR 0 9 200/i 3. Public Participation Original contract work is unchanged by this scope revision. Preliminary Design General Architectural and Engineering (S,P,M,E,FP) · Architectural Preliminary design includes t he design concept for t he basic site a nd expanded building design of the facility. We shall provide a site plan, floor plan layout, basic building section and exterior elevations design for your review and approval. · Utilizing the expanded Final Program Plan including the documentation of this phase of service develops the plan layout and appearance of the buildings and includes aspects o f t he project r elated t o t he Site a nd Building design a nd s hall include t he Buildings Design, Landscape and Irrigation designs, coordination with the relocated Radio Tower and the update of the preliminary Opinions of cost. Fleet Department reviews are included for the staff review and comments. o Construction Documents Construction Plans and Technical Specifications (A,S,P,M,E,FP) · Construction plans are the development of Bidding Documents for the project based upon the approved Preliminary Design and are coordinated with utility connections. The s cope o f t his work may vary s lightly based u pon t he final design details. O ur services will include the Architectural documentation in a bid set format for permit including, floor plan, reflected ceiling plan, interior finish indications, door and window schedules, exterior elevations, building and wall sections, interior fire wall designations and LTL designs, interior wall types and details, with interior elevations. Civil, Structural, Mechanical and Electrical engineering shall be based upon the final building design and coordinated with the architectural concepts and program requirements. Fire protection is included with specifications for bidding. The basis of our documentation will be for a' bid project with qualified general contractors. o Permits - Non Civil Building Permit Application Preparation and Support. The original contract work is unchanged by this scope revision. We have separated the Civil and Site related permitting to the Site Data section of the scope of work. The related costs have been adjusted to reflect the reallocation of the associated cost. 7. Bidding The original contract work is unchanged by this scope revision. 8. Construction Architectural and PME Construction Services are anticipated to be the same general listing and have been adjusted to reflect the associated cost of construction and the addition of the expanded New Collier County Fleet Facility - RFP #02-3422 No. /0v-c~ Disney & Associates, PA - Contract Amendment #1 - Page 8 of 9 MAR 0 9 20Or, P~ ,, -.~~ program and building area. The related costs have been adjusted to reflect the reallocation of the associated tasks. Reimbursable Expenses Reimbursable Expenses listed are generally unchanged and the cost is adjusted only to reflect the additional drawing sheets printed and/or plotted due to the additional scope of the Facility and the added details. Further adjustments include the reissue of some redrawn items previously invoiced. EXCLUDED SERVICES The professional services to be provided by the CONSULTANT are limited to those described in the Scope of Services. All other services are specifically excluded. Our schedule for the rezoning will be affected by the outlined scope revisions. We had originally scheduled May 2, 2003 as the submission date for the CU and as a result of the site design revisions and submission cannot be made until approval of these scope revisions. The time extension required is estimated on the attached schedule The rezone and the SFWMD issues will be the critical path items similar to the original schedule. We shall take every opportunity to reduce the time requirement where possible. We have included a revised Schedule "B - Attachment "A" for the Professional Fee revisions and also an updated Schedule "C" Project Schedule for inclusion with this Amendment. We are prepared to begin the scope revisions promptly upon your written authorization. Sincerely, Dalas D. Disney, AIA Cc: Project File New Collier County Fleet Facility - RFP #02-3422 Disney & Associates, PA - Contract Amendment #1 Page 9 of 9 0 9 200 . Schedule "B" - Attachment "A" Schedule of Fees for Basic Services Amendment No. 1 BASIC SERVICES TASK TITLE/DESCRIPTION 4 5 6 7 8 9 '10 '11 '12 '13 '14 '15 '16 '17 I Preliminary Matters 2 Site Data A - ALTA Survey B Design Phase Survey C Phase I Environmental Survey D Asbestos Survey E Geotechnical Survey 3 Zoning* NBIC Rezone/Conditional Use/Public Participation Preliminary Design Construction Documents Permits Bidding Construction Reimbursable Expenses F G H I J K L M Rezoning Application Water Management Design and ERP Application ERP Application Support Permit Application Preparation and Support General Consultation Site Planning ERP Ecological & Environmental Services Easement Descriptions Subtotal Basic Services Cost 8,600.00 Fixed 13,750.00 Fixed 12,400.00 Fixed 2,750.00 Fixed 4,000.00 Fixed 5,750.00 Fixed 41,120.00 Fixed 140,000.00 Fixed 162,350.00 Fixed 18,450.00 Fixed 500.00 Fixed 74,080.00 Fixed 16,250.00 Fixed $500,000.00 Scope Increase Cost 4,800.00 0.00 0.00 0.00 0.00 0.00 0.00 24,750.00 33,700.00 0.00 0.00 16,000.00 1,000.00 17,250.00 5,175.00 11,790.00 8,600.00 8,050.00 7,500.00 16,135.00 0.00 $154,750.00 Fixed Fixed Fixed Fixed Fixed Fixed Fixed Fixed Fixed Fixed Fixed Fixed * Indicates New Item related to Scope Revision January 24, 2003; Disney & Associates, P.A. February 6, 2004; Revised Disney & Associates, P.A. No.?'&-~ ' I MAR 0 9 200 Project: RFP#02-3422 "Professional Architectural Services for New County Fleet FaJ~;.?'g'-- //;~' ' AGE,gA ~. No./~ ~ f:~ ~ . HAR 0 9 200~ EXECUTIVE sUMMARY. RECOGNIZE AND APPROVE THE FEMA ASSISTANCE TO FIREFIGHTER'S MATCHING (90110) GRANT IN THE AMOUNT OF $157,500 AND APPROVE THE NECESSARY BUDGET AMENDMENTS. OBJECTIVE: To obtain Board of County Commissioner's recognition and approval of the FEMA Assistance to Firefighter's Matching (90/10) Grant for the purchase of two hydraulic rescue tools, two AEDs, one decon, clean-up containment and packaging equipment, twenty SCBA-45 minutes, twenty spare cylinders, two accountability systems and approval of the necessary budget amendments. CONSIDERATION: The Ochopee Fire Control District is requesting to purchase two hydraulic rescue tools, two AEDs, one decon clean-up containment and packaging equipment, twenty SCBA-45 minutes, twenty spare cylinders - 45 minutes, two accountability systems at a cost of $157,500 through the FEMA Assistance to Firefighter's Matching 90/10 Grant. The Grant will provide $141,750 (90%) and Ochopee Fire Control District $15,750 (10%). The proposed purchases will: 1) replace old, outdated equipment which will bring the Department up to NFPA standards and 2) provide additional equipment for homeland security. FISCAL IMPACT: The total cost of the equipment is $157,500.00, with the cost split 90/10 between FEMA and the Ochopee Fire Control District. The Fire District's share of $15,750.00 will be funded from the Ochopee Fire Control District's Reserve for Contingencies, Fund 146. Budget amendments will be necessary to recognize and appropriate $15,750.00 in revenue to be transferred from Reserves for Contingencies to Fund 118, Emergency Management and Fire Grants. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners recognize and approve the FEMA Assistance to Firefighters Grant and approve the necessary budget amendments. SUBMiTTEDBY.. ~C~~A~ [/~~F]reD~st~)jte: ~ [( /0~ Chief PauI-Wilso.n, ~ee ' ' ' APPROVED BY~..~ ~..~ ... Date: ,~/~'/~ {, Dan~Sumn~ers, Emergency Management Director -- AGEND,~, ITEM PrmtAppficafion Entire Application ~pplicant information EMW-2003-FG-12154 Submitted on 10-APR-2003 by Paul Wilson ~ased or~ tnfo~rnation ~'ou haY'--: ~.:1 o'~,- ~,J, ~/otlr department se~-~'~s a ~:LJr~3~ corctr~U,qit'~/. Contact Information: Address: P.O. Box 25 City: Ochopee State: Florida Zip: 34141 Day Phone: 239-695-4114 Evening Phone: 239-353-4550 Cell Phone: 239-253-7563 Emaih nfn01580@naples-net Application number is 12154 Fire Department Name ' Type of Fire Department ff other, please enter the type of Fire Department ' Ern_p_i_o~r t d e~n_tjfj~a_tio_n N u m b er Physical Address - Headquarters' Physical Address 1 Headquarters' Physical Address 2 , city ' State - Zip Mailing Address is the same as the Physical Address · Mailing Address1 Mailing Address2 ' City - State · Zip Account information - Type of bank account · Bank routing number- ~ number on the bottom left hand comer of your check · Your account number Addition al Information This fiscal year, are you receiving Federal funding Ochopee Fire Control District Fire District 5g-6000558 P.O. Box 25 Ochopee Florida 34141 -0025 P.O. Box 25 Ochopee Florida 34141 - 0025 Checking 067O137OO 1138577 AGENDA~IT~M 1',4AR '~ 9 200ti ..... : ..... :. ~o.-,,4,,+-=h, ,~x~.a nn number=12154 1/28/04 Print Application " from any other grant program for the same purpose No for which you are applying for this grant? This fiscal year, are you receiving Federal funding No ,'from any other grant program regardless of purpose? 'is the applicant _d?!ing~ue0_t~g~aJ_~SL_f_e_deEa_[J~_b_t? No F, yes, type explanation in space provided below Contact Information Application number is t2'154 Alternate Contact Information Number 1 - Title Chief Salutation Mr. ' First Name Paul - Middle Initial W ' Last Name Wilson - Day Phone 239-695-4114 Ext. ,Evening Phone 239-353-4550 Ext. Cell Phone 239~253-7563 Fa}( 239-695-3473 Email nfn01580@naples.net · Title Salutation · First Name Middle initial - Last Name ' Day Phone 'Evening Phone Cell Phone Fax Em ail Department Characteristics (i) Alternate Contact Information Number 2 Secretary Mrs. Linda Swisher 239-695-4114 Ext. 239-695-4114 Ext. Application number is '12'154 : Are you a member ora Fire DepaAment or authorized representative of a fire department? ' Are youa member of Federai Fire Department or Yes AGENDA. JTEM No. \ MAR '"9 200 ............ ~:.._m,-~.',-,,4,,, .~nn isn?rmnt=true&app number=12154 1/28/04 contracted by the Federal government and solely No responsible for suppression of fires on Federal property? ' What kind of Department do you represent? Combination/Paid on Call If you answered combination, above, what is the 90 % percentage of career flre~ghters in your department? ' Wh at is the square mileage of your primary response 1100 area7 ' What percentage ofyour response area is protected 10 % by hydrant, s? ' How much of your jurisdiction is zoned for 10% agriculture? ' How much of your jurisdiction is zoned for 15% commercial or industrial? ' How many structures in your jurisdiction are more 0 than 'four stodes tall? * What is the permanent resident population of your 2500 * H ow m a n y ~tiv~__fi,_r.e_¢g_h_,_t_~.~_are in th e 12 operations/EMS division of your department? ' How many stations are in your department? 2 ' Do you currently report to the National Fire Incident Yes Reporting System (NFIRS)? If you answered yes, above, please enteryour FDfN? 64011 ' What services does your department provide? Structural Fire Suppression Fighting Wildfire Suppression Basic Life Support Airport Rescue Fire Fighting (ARFF) Hazmat Operational Level Rescue Operational Level Department Characteristics (11) Application number is 12154 ' What is the total number of fire related fatalities in 1 your jurisdiction over the last three years? ' What is the total number of fire related firefighter 0 injuries in your jurisdiction over the last three years? · In an average year how many times does your 15 department receive mutual/automatic aid? · In an average year, how many times does your 30 department provide mutual/automatic aid? ' What was your department's estimated average 1200000 operating budget over the last three years? 'What percentage of your annual operating budget is dedicated to personnel costs(salary, 0vertime~and 83 % fringe benefits)? AC-~NDAJTEM MAR 200 PO. httm://portal.fema.-oov/fire~ranb/isp/fire/prmt app.isp?print=true&app number=t2154 1/28/04 ' What percentage of your annual operating budget is dedved from: Taxes? 99 % Grants? 1% Donations? 0 % Fund drives? 0 % *How many vehicles does your department have in each of the categories below? Enter numbers only and enter 0 if you don't have any of the vehicles below First Line Reserve a. Engines (or pumpers): 3 0 b. Aedal Apparatus: 0 0 c. Tankers: 1 0 d. Rescue Vehicles: 1 0 e. Brush/Quick attack: 3 0 f. Other: 0 0 Provide in the space below the following information only if you are ~pplying for a firefighting vehicle: List all your vehicles by type (for example, engines/pumpers, brush, rescue, etc.). Then provide the year each was manufactured. If the department has more than two of any type, provide the total number of vehicles in that category and the years the oldest and the newest were manufactured. Department Call Volume Application number is 12154 * How many responses per year by category? Enter whole zero Structure Fires 12 Vehicle Fires 46 Vegetaeon Fires 40 EMS 375 Rescue 230 Hazardous Condition/Materials Calls 3 Service Calls 14 Good Intent Calls/False Alarms 12 Other Calls and Incidents 0 Request Information · 1. Select the program for which you are applying. Remember, you can apply for only one program this year. Within a program you may apply for as many activities as are required. If 7ou modif7 your selection, ¥'ou will lose :Jata entered u n,:ler the ,:)ri:;ir~cd acti¥it.¢ AGENDA.ITEM tF Program Name No. /~,f / ire Operations and Firefighter Safety MAR - 9 200q htt~:,, lx)rtul.fema.~ov/fLre~rant/isr)/firCDrint arm.isr~?r~rint---tme&ann nnmh~r=l ?1 qA 1/9.q/nA Pr/nt Application ' 2. Will this grant benefit more than one departme.nt? No 3. If you answered Yes to Question 2 above, piease specify, how? (You can only enter 4000 characters) Request Details Activity Number of Entries FireFighting Equipment 3 Modify Facilities 0 Personal Protective Equipment 3 Wellness and Fitness Programs 0 Train lng 0 Total Cost Additional Funding $ 55,000 $ 0 $0 $0 $102.500 $ 0 $0 $0 $0 $0 FireFighting Equipment Firefighting Details 1. What firefighting equipment will your department purchase with this grant? 2 Number of units 3 Cost per unit 4. Generally the equipment purchased under this grant program (select one): Will'expand the capabilities of the department into a new mission area If you selected "replacing equipment" (from question 4) above, please specify the age of equipment in years 5. Generally, the equipment purchased under this grant program (select one) Has no statutory basis 6. Is this piece of equipment primarily: 7. V~fill this grant be used primarily for Rapid Intervention Teams (RIT)? Decon, Clean-Up, Containment and Packaging Equipment 1 $5000 Firefighting equipment No FireFighting Equipment Firefighting Details 1. What firefighting equipment will your department purchase with this grant? 2 Number of units 3 Cost per unit 4. Generally the equipment purchased under this grant program (select one): Will replace old, obsolete, or substandard equipment currently owned by this department if you selected "replacing equipment' (from question 4) above, please specify the age of equipment in years 5. Generally, the equipment purchased under this grant program (select one) Has no statutory basis 6. is this piece of equipment primarily: Hydraulic Rescue Tools 2 $20000 Over 5 Years ! ~I~NDAJTEM · I - t NAR ' 9 200q Rescue equipn~ntP~ ~-4~, : ........ , r ....... ;r:. ..... ,,,;.~_tC,.~t..~i.t ~.,~ ic~9.r~nt----tn~'r*nn nnmher:191 $4 1./28/04 7. Will this grant be used primarily for Rapid Intervention Teams (RIT)? No FireFighting Equipment Firefighting Details 1. What firefighting equipment will your department purchase with this grant? 2 Number of units 3 Cost per unit 4. Generally the equipment purchased under this grant program (select one): Will expand the capabilities of the department into a new mission area If you selected "replacing equipment" (from question 4) above, please specify the age of equipment in years 5. Generally, the equipment purchased under this grant program (select one) Has no statutory basis 6. Is Ibis piece of equipment primarily: 7. Will this grant be used primarily for Rapid Inte~ention Teams (R-IT)? AEDs 2 $5000 Rescue equipment No Personal Protective Equipment Personal Protective Equipment Details '1. Select the PPE that you propose to acquire SCBA-45 minutes If you selected other above, please specify 22. Number of units 20 *3. Cost per unit 4300 '4. What percentage of your "on-duty" active firefighters has 0 % personal protective equipment that meets current N FPA and OSHA standards? *5. What percentage of your "on_duty" active fireflghters will have 100 % personal protective equipment th at meets current N F PA an d OSHA standards if the grant is awarded? *6. What is the purpose of this request? to replace old/obsolete equipment If you selected "to replace old/obsolete equipment" (from question 6) above, please specify the age of equipment in years *7. If purchasing a PASS device, what type of pass devices will you be purchasing? '8. Is this PPE: More than 10 years Integrated/Automatic PASS For protection use against fire Personal Protective Equipment Personal Protective Equipment Details AGENDA ITEM MAR 9 200 https://portal, fema.gov/firegranl/jsp/fire/print app.isp?print=lzue&ann rmmhar=l 91 -~A ~ ~o ,~,~ .~ Select the PPE ~at you propose to acquire If you selected other above, please specify ~'2. Number of units Cost per unit Accountability Systems 2 1500 '4. What percentage of your 'on-duty' active firefighters has 0 % personal protective equipment that meets current NFPA and OSHA standards? *5. What percentage ofyour "on_duty" active fire~ighters will have 100 % personal protective equipment that meets current N FPA and OSHA standards if the grant is awarded? '6. What is the purpp,se of this request? If you selected 'to replace old/obsolete equipment" (from question 6) above, please specify the age of equipment in years ~7. If purchasing a PASS device, what type of pass devices will you be purchasing? '8. Is this PPE' Personal Protective Equipment to buy equipment for the first time Integrated/Automatic PASS For protection use against fire Personal Protective Equipment Details ~1. Setect the PPE thatyou propose to acquire If,/ou selected other above, please specify '2. Number of units Spare Cylinders-45 minutes 20 Cost per unit '4. What percentage of your "on-duty' active firefighters has personal protective equipment that meets cun'ent NFPA and OSHA standards? *5. What percentage of your "on_duty" active tire~ghters will have personal protective equipment that meets current NFPA and OSHA standards if the grant is awarded? '6. What is the purpose of this request? If you selected "to replace old/obsolete equipment' (from question 6) above, please specify the age of equipment in years '7. If purchasing a PASS device, what type of pass devices will you be purchasing? '8. Is this PPE: 675 O% 100 % to replace old/obsolete equipment More than 10 years Integrated/Automatic PASS For protection use against fire AGENDA J,TEM MAR -' 9 200z PO. ~ https://portal, fema.gov/fire.e;rant/jsp/fire/pri~ app.jsp?pdnt=tme~pp number=12154 1/28/04 Total Budget Application number is 12154 ~,ud~L~. Ob c, a. Personnel b. Fdnge Benefits c. Travel d. Equipment e. Supplies f. Contractual g. Construction h. Other i. !ndire~ Charges Indirect Cost Details Agency Indirect Cost Agreement with Indirect Cost Rate Agreement Summary Federal and Apptica nt Share Federal Share Applicant Share Federal Rate Sharing (%) SO $0 $0 $157,500 $0 SO $0 $0 $0 $141,750 S i 5.750 90/1 0 ' lion-Federal Resources (T;)e cotn¢~ned Non-~eOer.st ,Resources must equ.~ithe A¢';pi¢c:Jn! :5'h.'~re of $ ¢5,250) a. Applicant $15750 b. State $ 0 c. Local $ 0 d. ,Other Sources $ 0 If you entered a value in Other Sources, Please identify the source of your cost share, i.e., fund reserves, savings, fund4aisers, donations, etc. Total Budget 157,500 Narrative Statement Application number is 12154' Project Description I ' X~ENDAJ.TEM J"°-i ! oo,, L https:/!portal, fema.govtftre.m-angjsp/fu-¢'print app jsp?pfint=~e&app number=l ? 1 sa ~ ,'~ ~,/a .,, lhsnt Application Flease provide your narrative statement in the space provided below: The ©chopee Fire Control District services 1100 square miles.---including the rural communities of Everglades 'Ci~, Plantation, Chokolsokee Island, Jerome, Copeland and Lee Cypress. Department responsibility includes Fire Rescue EMS operations, Wildland Operations, Haz Mat Operations, Water Res,cue Operations, Airport Operations, as well as all other rescue operations within the scope of the fire service. We also service Federal Lands including Big Cypress National Preserve, Everglades National Park and The Panther Preserve (USFWS). Federal Interstae System 1-75. State Lands including Collier Seminole State Park. Fakahatchee Sbate Park and Pyciune State Park. This department is in dire need to replace our existing airpacks which are outdated (15+ years) and do not meet NFPA standards now in place. Our operating budget is about 245,000 dollars. These monies must pay for fuet, maintenance, station repairs, utilites and normal operating expenses incurred doing day to day business. The cost of NFPA complia .nt iarpacks and bottles are out of our budget limits. We are requesting 2 accountability systems for command vehicles for all fire and rescue operations. Currently we have none. The department is l~rther requesting the replacement of 2 Hurst rescue tools which are 20 and 17 years old respectively. Newer lightweight equipment would serve the citizens and communites of our areas as well as travelers through our area. Potentual of saving lives ~ravetling Federal Highways and State routes through our district would be greatly enhanced. Haz Mat decOn equipment would help deliver quicker service to our area. We have had several large accidents within our district boundries via Federal routes (I-75) as wetl as State routes. County wide haz mat teams take an average of 45 minutes to an hour to arrive on scene· These teams should not be needed for clean ups that are not warranted for DRT teams to respond to. They could be handled by our department with proper equipment. We provide BLS response to 55 percent of Collier County. There is one ALS ambulance provided to the district by the local EMS system. We operate with the EMS system under an MOU for medical emergencies. The next nearest EMS unit is approximately 45 minutes away. Our department has the ability to place people on the scene w~in 10 minutes to our urban areas and 30 minutes within our rural areas. AEO""s would provide an expanded service to all citizens and travelers within our district boundfies. (]ur goals are simple, provide the best fire rescue ems systems we are capable of. W'ith the requested equipment we would be able to provide those services long needed without long delays. Thank you for your time. if you received a grant award in the 2002 process, does your current request relate to your 2002 award? if you answered yes, above, which of the following apply?. This request enhances the 2002 award This request continues the 20O2award This request completes the 2002 award No Assurances and Certifications Application number is 12~ 54 FEMA Form 20-16A I No.AGEblDA~,TElYl l~ant Acphcation You must read and sign these assurances by providing your password and checking the box at the. bottom of this page. Note: Fie!ds marked wi~ an ' are required. Assurances Non-Construction Programs Note: Certain of these assurances may not be applicable to your project or program. If you have any questions, please contact the awarding agency. Further, certain Federal awarding agencies may require appiica~s to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant I certify that the applicant: 1. Has the legal authority to apply for Federal assistance, and bhe institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of proiect costs) to ensure proper planning, management and completion of the project described in this applicatibri. 2. Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the State, through any au~odzed representative, access to and the right to examine all records, books, papers, or documents related to the award; and ~11 establish a proper accounting system in accordance with generally_accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental personnel Act of 1970 (42 U.S.C. Section 4728-4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration) 5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) -i~tle V1 of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national odgin; (b) Title iX of the Education Amendments of 1972, as amended (20 U.S.C. Sections 1681-1683, and 1 685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. Section 794), which prohibits discrimination on the basis of handicaps; (d) the Age 0iscfimination Act of 1975, as amended (42 U.S.C. Sections 6101- 6107) which prbhibits discrimination on the basis of age: (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse: (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-61 6), as amended, ~elating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290-dd-3 and 290-ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Acts of 1968 (42 U.S.C. Section 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made: and (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7. Will comply, or has already complied, with the requirements of TiUe II and 111 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (.P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or Federally assisted programs. These requirements apply to all interest in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply with provisions of the Hatch Act (,5 U.S.C. Sections 1 501-1508 and 7324-7328), which limit the political activities of employees whose principal emplo~n'nent activities are funded in whole or in part with Federal funds. AGE.NDz~.ITE M No. NAR 9 200q .,,., ,/,/ !0. 11. Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. Sections 276a to 276a- 7), the Copeland Act (40. U.S.C. Section 276c and ! 8 U.S.C. Sections 874), and the Contract Work Hours and Safety Standard._~s Act (40 U.S.C. Sections 327-333), regarding labor standards for fede~lly assisted construction sub agre.ements. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires r~cipients in ~ special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating ' facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. Section 1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. Section 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended. (P.L. 93- 523); and (h) protection of end"angered species under the Endangered Species Act of 1973. as amended, (P.L. 93-205). _ Will comply with th e Wild and Scenic Rivers Act of 1968 (16 U.S.C. Section 1271 et seq.) related to protecting components or potential components of the national wild and scenic dyers s~stem. Will assist the awarding agency in assudng compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Histodc Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.). 14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this aw"ard of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals hetd for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. Section 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of residence structu re s. 17. Will cause tb be performed the required financial and compliance audits in accordance with the Single Audit Act of 1 984, 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing this program. 19. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act (29 U.S.C. 201 ), as they apply to employees of institutions of higher education, hospitals, and other non-profit organizations. 12. 13. FENIA Form 20-16C A(~F_~D~J,TJEM I AR -', 9 200 You must read and sign these assurances by providing your password and checking the box at the bottom of this page. h~-/!rw~r.~! P~m.q c~n~rlF~r~crr~ntii~/fire/~r~tYr ~nn i~ng-r',rint'=t'me,,~'.,qnn m'rmber=l .3.15.4 1/2g/04 Note: Fields marked with an ~ are required. Certi~cations Regarding Lobbying; Debarment, Suspension and Other Responsibilities Matters; and Drug-Free Workplace Requirements. - Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the, regulations before completing this form. Signature on this form provides for compliance with certification requirements under 44 CFR Part 1 8, "New Restrictions on Lobbying; and 28 CFR Part 17, "Government-wide Debarment and suscension (Non-procu rement) and Government-wide R equirements for Drug-Free Workplace (Gran£s~." Th e certifications shall be treated as a matedal representation of ~ct upon which reliance .will be placed when the Federal Emergency Management Agency (FEMA) determines tn award the covered transaction, grant, or cooperative agreement. 1. LOBBYING A. As required by the section 1352, Title 31 of the US Code, and implemented at 44 CFR Part 18 for persons into a grant or cooperative agreement over $100,000, as defined at 44CFR Part 18, the applicant certifies that: (a) No federal appropriated funds have been paid or will be paid by or on behalf of the undersigned to any person for influencing or attempting to influence an o~cer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the making of any federal grant, the entering into of any cooperative agreement and extension, continuation, renewal amendment or modification of any Federal Grant or cooperative agreement. (b) If any other funds than Federal appropriated funds have been paid or will be paid to any person for influencing or a~tempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activities", in accordance with its inslzuctions. Standard Form LLL Disclosure of Lobbying Activities Attached (This form must be attached to certification if non-appropriated funds are to be used to influence activities.) (c) The undersigned shall require that the language of this certification be included in ~he award documents for all the sub awards at all tiers (.inc!uding sub grants, contracts under grants and cooperative agreements and sub contract(s)) and nat all sub recipients shall cerlJfy and disclose accordingly. 2. Oebarment, Suspension and Other Responsibility Matters (Direct Recipient) As required by Executive Order 12549, Debarment and Suspension, and implemented at 44CFR Part 67. for prospective participants in pdmary covered transactions, as defined at 44 CFR Part 17. Section 1 7.510-A, the applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, orvoluntadly excluded from covered transactions by any Federal department or agency. (b) Have not within a three-year pedod preceding this application been convicted of or had a civilian judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or perform a public (Federal, State, or local) transaction or contract under a public transaction; violaQon of Federal or State antitrust statutes or commission of embez_7_Jement, theft, forgery, bdbery, falsification or destruction of records, making false statements, or receiving stolen property. (c) Are not presently indicted for or otherw~__~se criminally or civilly charged by a government entity this(Federal'certification:State' OrandlOCal) with commission of any of the offenses enumerated in paragraph 11 )(b}No.,~,~,GE, NDA~i/~,~,~, ! '.' -- ' / MAR"9 200q l~fl-r~-/,trv~rfnl FPm~ onv/firPcrr.qrrf/~Kni'ffllr~/nr~rrf .qm (~,ngn~nt'=tnle2z.qnn n~ pg. ]3 (d) have not within a three-year period preceding this application had one or more public transactions (Federal, SLate, or local) terminated for cause or default; and · B. Where the applicant is unable to certify to any office statements in this certification, he or she shall attach an explanation to this application. 3. Drug-Free Workplace (Grantees other than individuals) As required by the Drug-Free Workplace Act of 1988, and implemented at 44CFR Part 17. Subpart F, for grantees, as defined at 44 CFR part 17, Sections 17.615 and 17.620: (A) The applicant certifies that it will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of su ch prohibition; (b) Establishing an on-going drug free awareness pro_gram to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The grantees policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation and employee assistance programs; and (4) The penalties that may be imposed upon employees ~r drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant to be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will: (,1) Abide by the terms of the statement and (2) Notify the employee in writing of his or her conviction for a violation of a cdminal drug statute occurring in the workplace no later than five calendar days after such conviction. (e) Notifying the agency, in writing within 10 calendar days after receN'ing notice under subparagraph (dX2) from an employee or other~se receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to the applicable FEMA awarding office, i.e. regional office or FEMA office. (f) Taking one of the following actions, against such an employee, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted: (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Feder'el, State, or local health, law enforcement or other appropriate agency. (g) Making a good faith effort to continue to maintain a drug free workplace throu _- implementation of paragraphs (a), (b), (c) (d), (e) and (f). AGENDA ITEM ' NAR ' 9 2004 Pgo/~_/_/_/_/_/_/_/_/_~~. ~'nnt App~tca~ton (8) The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance Street ' City State Zip Action If your place of performance is different from the physical address provided by you in the Applicant Information, click on Add Place of Performance button above to ensure that the correct place of performance has been specified. You can add multiple addresses by repeating this process multiple ~m es. Section 17.630 of the regulations provide that a grantee that is a State may elect to make one certification in each Federal fiscal year. A copy of which should be included with each application for FEMA funding. S~tes and State agencies may elect to use a Statewide certification. Only complete if applying for a grant for more than $100,000 and have lobbying activities. See Form 20-16C for lobbying activities definition. Form SF-LLL This form is not applicable Signed by Paul Wilson on 04/10/2003 AGEND.~ITEM MA ? 200 Pg. A66 Proiect Details Firefighting Equipment Details Firefightin9 Details 1. What firefightmg equipment will your department purchase 'with this grant? Number of units 5 Cost ~er 4. Generally the equipment purchased under this grant program (select one): Will replace old, obsolete, or substandard equipment currently owned by this department if you selected "replacing equipment' (from question 4) above, please specifY Over 5 Years the age of equipment in years 5. GenerallY, the equipment purchased under this grant program (select one) Has no statutory basis 6. Is this piece of equipment primarilY: 7. Wtll this grant be used primarily for Rapid intervention Teams (PDT)? Hydraulic Rescue Tools 2 $20000 Rescue equipment No p. '""" A ND EM ,o. ._ HAR ~ 9 200~ _.,-,~.~^_~ ~,~Icl=I ... U~- Add Prc~ieet Details Page 1 of 1 Firefighting Equipment Details Firefightin g Details 1. What firefi§hfing equipment will your department purchase with this grant? 2 Number of units 3 Cost per unit 4. Generally the equipment purchased under this grant program (select one): Will expand the capabilities of the department into a new mission area If you selected "replacing equipment' (from question 4) above, please specify the age of equipment in years 5. Generally, the equipment purchased under this grant program (select one) Has no statutoPt basis 6. Is this piece of equipment primarily: 7. Will this grant be used primarily for Rapid Interventon Teams (RI_T)? 2 $5000 Rescue equipment No I (/./~11 i NAR ¢ 9 200~ Add Project Details Page 1 of 1 Firefighting Equipment Details Firefighting Details I. VVhat firefighting equipment will your department purchase with this grant? 2 Number of units 3 Cost per unit 4. Generally t~e. equipment purchased under ~is grant program (select one): Will expand the capabilities of the department into a new mission area ~f you setected 'replacing equipment' (from question 4) above, please spec~ the age of equipment in years 5. Generally, the equipment purchased under this grant program (select one) Has no statutory basis 6_ fs this piece of equipment primanly: 7_ Will this grant be used pnmadly for Rapid Intervention Teams (RIT)7 De'on, Clean-Up, Containment and Packaging Equipment 1 $5000 Firefightin g equipment No AGE~D~,~TEM No, /~_~'~ MAR ~ 9 200zl Add Project Details Page t of [ Protective Equipment Details Personal Protective Equipment Details Select the PPE that you propose to acquire SC8A-45 minutes If you selected other above, please specify '2. Number of units 20 '3. Cost per unit 4300 *4. What percentage of your 'on-duty" active firefighters has 0 % personal protective equipment that meets current NFPA and OSHA standards? '5. What percentage ofyour "on_duty" active firefighters will have 100 % personal protective equipment that meets current NFPA and OSHA standards if the grant is awarded? '6. What is the purpose of this request? to replace old/obsolete equipment if you selected "to replace old/obsolete equipment" (from question 6) above, please specify the age of equipment in years =7. If purchasing a PASS device, what type of pass devices will you be purchasing? '8. Is this PPE ' More than 10 years Integrated/Automatic PASS For protection use against fire AGENDA,ITEM No. //'~ r~' I MAR' - 9 200~ Add Proiect Details Protective Equipment Details Page 1 ol 1 Personal Protective Equipment Details Select the PPE that you propose to acquire Spare Cylinders--t5 minutes if you selected other above, please specify '2. Number of units 20 '3. Cost per unit 675 =4. What percentage of your "on-duty" active firefighters has personal protective equipment that meets current NFPA and OSHA standards? ~5. What percentage of your "on_duty" active 1iretighters will have personal protective equipment that meets current NFPA and OSHA standards if the grant is awarded? '6. What is the purpose of this request? O% _100 % to replace old/olOsotete equipment ' t" If you selected "to replace old/obsolete eqmpmen (from question 6) above, please specify the age of equipment in years *7. if purchasing a PASS device, what type of pass devices w~LI you be purchasing? =8. Is this PPE' More than 1 0 years Integrated/Automatic PASS For protection use against fire ...... AGEblDA LT, E_M MAR -~ 9 Add Project Details Page 1 of 1 Protective Equipment Details Personal Protective Equipment Detaiis '1. Select the PPE Lhat you propose to acquire Accountability Systems if you selected other above, please specify '2. Number of units '3. Cost per unit 1500 -'4. What percentage of your "on-duty" active firefighters has 0 % personal protective equipment that meets current NFPA and OSHA standards? %. What percentage ofyour 'on_duty" active firel~ghters will have 100 % personal protective equipment that meets current NFPA and OSHA standards if the grant is awarded? =6. What is the purpose of this request? If you selected "to replace old/obsolete equipment" (from question 6) above, please specify the age of equipment in years *7. if purchasing a PASS device, what type of pass devices ~11 you be purchasing? '8. Is bhis PPE' to buy equipment for the first time Integrated/Automatic PASS For protection use against fire ATTEST: DWIGHT Courts E. BROCK, Clerkof of Collier County, Florida BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Deputy Clerk By: DONNA FIALA, Chairman Approved as to form & legal Sufficiency: eline W. Hubbard tant County Attorney MAR - 9 200~ EXECUTIVE SUMMARY APPROVAL OF COOPERATIVE AGREEMENT WITH THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT ACCEPTING $1,000,000 ANNUAL FUNDING CONTRIBUTION TO COLLIER COUNTY FOR THE FIRST TEN YEARS OF THE TWENTY-YEAR AGREEMENT OBJECTIVE: Board approval of a cooperative agreement with the South Florida Water Management District providing $1,000,000 in funding through the budget of the Big Cypress Basin Board (BCBB) to Collier County for a period of twenty (20) years. CONSIDERATIONS: The goal of the Southern Golden Gate Estates (SGGE) restoration plan is to restore the hydrology of the SGGE and improve the health and productivity of the 10,000 Islands estuaries by reestablishment of historic flow ways, sheet flow of wetlands, and the reduction of point discharges and concentrated shock loads of freshwater. The Big Cypress Basin, a sub-district of the South Florida Water Management District (DISTRICT), is committed to meeting the goal of the SGGE restoration plan, but is without statutory authority to contract independ~mtty of the DISTRICT. One of the last remaining issues in implementation of the SGGE hydrologic restoration was acquisition of Collier County roadway easements in the SGGE. Agreement OT040600 Was executed between the DISTRICT, the Board of Trustees of the Internal ImproVement Trust Fund and Collier County for vacating the roadway easements in the SGGE for implementation of the hydrologic restoration project. . he Agreement provided for the DISTRICT, through the budget of the Big Cypress Basin, to pay the County $20,000,000, at $1,000,000 per year for 20 years, subject to the DISTRICT Governing Board approval of the FY04 through FY23 budgets. This action dedicates the first 10 payments ($10,000,000) to the purchase of the Fleischmann property. GROWTH MANAGEMENT IMPACT: The funding contribution will offset the cost of the Fleischmann property. This property will help meet Stormwater management requirements associated with growth necessitated road construction projects that are required to meet concurrency requirements in the Collier County Growth Management Plan. FISCAL IMPACT: Approval of the attached agreement will provide a $1,000,000 annual contribution from the BCBB for the first ten years of the 20-year period. The FY 04 $1,000,000 contribution will be applied towards the purchase price of the Fleischmann property. REcoMMENDATION: That the Board of County Commissioners: 2. Approve any necessary budget amendments. Approve the attached cooperative agreement with the South Florida Water Management District; and, M~L~mykowski, Budget Director James V. Mudd, County Mar/ager No. I! n~-;IT~d MAR - g 200~ 0T040622 COOPERATIVE AGREEMENT BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT COLLIER COUNTY This AGREEMENT (hereinafter referred to as the "Agreement", made and entered into this day of , 2004, by and between the South Florida Water Management District, (hereinafter referred to as "DISTRICT") and Collier County, a political subdivision of the State of Florida, (hereinafter referred to as "COUNTY"). WYI]qESSETH: WHEREAS, the goal of the Southern Golden Gates Estate (SGGE) restoration plan is to restore the hydrology of the SGGE and improve the health and productivity of the 10,000 Islands estuaries, by reestablishment of historic flow ways, sheetflow of wetlands, and the reduction of point discharges and concentrated shock loads of freshwater, and VVIIEREAS, the Big Cypress Basin, a sub-district of the DISTRICT, is committed to meeting the goal of the SGGE restoration plan but is without statutory authority to contract independently of the DISTRICT, and WHEREAS, one of the last remaining issues in implementation of the SGGE hydrologic restoration was acquisition of Collier County roadway easements in the SGGE; and WHEREAS, on October I0, 2003, a Memorandum of Understanding (MOU), OT040600, was executed between the South Florida Management District, the Board of Trustees of the Internal Improvement Trust Fund and Collier County, for vacating the roadway easements in the SGGE for implementation of the hydrologic restoration project; and WFIEREAS, that MOU provided for the DISTRICT, through the budget of the Big Cypress Basin, to pay the County $20,000,000, at $1,000,000 per year for 20 years, subject to the DISTRICT Governing Board approval of the FY04 through FY23 budgets, to be used for secondary canal system maintenance under Big Cypress Basin/DISTRICT direction. The MOU also required the Big Cypress Basin/DISTRICT to provide for the purchase ora section of land in Collier County for Off Road Vehicle (ORV) use; and WI:IEREAS, a 50-acre parcel of property located at the northeast comer of Goodlette- Frank Road and Golden Gate Parkway that is known as the Fleischmann property is recognized as a key element in the secondary system stormwater program; and WltEREAS, COUNTY $19,125,000; and is purchasing the Fleishmann property in February 2004 for OT040622 Page I of 7 WHEREAS, this Agreement OT040622 is to better specify the use of the initial $10,000,000 of the $20,000,000 referred to in MOU OT040600 which is to reimburse COUNTY for the purchase of the Fleischmann property; and NOW, THEREFORE, in consideration of the benefits flowing from each to the other, DISTRICT and COUNTY agree as follows: ARTICLE 1 - OBLIGATION OF THE PARTIES 1.1 The above recitals are Irue and .correct and are incorporated herein as a part of this Agreement. 1.2 DISTRICT, subject to Governing Board approval of the appropriate budgets, is to provide COUNTY the initial $10,000,000 of the $20,000,000 referred to in MOU OT040600 payable in increments of $1,000,000 a year for 10 years, beginning in March 2004, for the specific purpose of the purchase of the 50-acre Fleischmann property, of which approximately 33 acres will be used to help secondary system drainage issues. ARTICLE 2 - COMPENSATION/CONSIDERATION 2.1 Funding for each applicable fiscal year of this AGREEMENT is subject to 'DISTRICT Governing Board budgetary appropriation. In the event the DISTRICT does not approve funding for any subsequent fiscal year, this AGREEMENT shall terminate upon expenditure of the current funding, notMthstanding other provisions in this 'AGREEMENT to the contrary. The DISTRICT will notify the COUNTY in writing after the adoption of the final DISTRICT budget for each subsequent fiscal year if funding is not approved for this AGREEMENT ARTICLE 3 - INVOICING AND PROMPT PAYMENT 3.1. The COUNTY's invoices shall reference the DISTRICT's Agreement Number OT040622 and shall be sent to the following address: South Florida Water Management District Attn: Procurement Department P.O. Box 24680 3301 Gun Club Road West Palm Beach, FL 334164680 3.2 The COUNTY shall submit invoices as follows: March 2004 -$1,000,000 January 2005 -$1,000,000 January 2006 -$1,000,000 January 2007 -$1,000,000 January 2008 -$1,000,000 January 2009 -$1,000,000 January 2010 -$1,000,000 January 2011 -$1,000,000 January 2012 -$1,000,000 January 2013 -$1,000,000 OT040622 Page 2 of 7 MAR 4.1 5.1 6.1 7.1 OT040622 ARTICLE 4 - PROJECT MANAGEMENT/NOTICE All notices to the DISTRICT under this AGREEMENT shall be m writing, reference the DISTRICT's Agreement No. OT040622, and sent by certified mail to: South Florida Water Management District Attn: Procurement Depmhnent EO. Box 24680 3301 Gun Club Road West Palm Beach, FL 33416-4680 ARTICLE 5 - INSURANCE The COUNTY assumes any and 'all risks of personal injury, bodily injury and property damage attributable to the negligent acts or omissions of the COUN2~ and the officers, employees, servants, and agents thereof. The COUNTY warrants and represents that it is self-funded for Worker's compensation and liability insurance, covering at a minimum bodily injury, personal injury and property damage with protection being applicable to the COUNTY's officers, employees, servants and agents while acting within the scope of their employment during performance under this AGREEMENT. The COUNTY and the DISTRICT further agree that nothing contained herein shall be consUmed or interpreted as (1) denying to either party any remedy or defense available to such party under the laws of the State of Florida; (2 the consent of the State of Florida or its agents and agencies to be sued; or (3) a waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768.28, Florida Statutes. ARTICLE 6 - TERMINATION/REMEDIES This Agreement may be terminated by either party by providing thirty (30) days notice. ARTICLE 7 - RECORDS RETENTION/ OWNERSml' The COUNTY shall maintain records ~nd the DISTRICT shall have inspection and audit rights as follows: A. Maintenance of Records: The COUNTY shall maintain all financial and non- financial records and reports directly or indirectly related to the negotiation or performance of this AGREEMENT including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available or inspection for a period of five years fi.om completing performance and receiving final payment under this AGREEMENT. B. Examination of Records: The DISTRICT or its designated agent shall have the right to examine in accordance with generally accepted govermnental auditing standards all records d/rectly or indirectly related to this AGREEMENT. Such examination may be made only within five years from the date of final payment under this AGREEMENT and upon reasonable notice, time and place. Page 3 of 7 C. Extended Availability of Records for Legal Disputes: In the event that the DISTRICT should become involved in a legal dispute with a third party arising from performance under this AGREEMENT, the COUNTY shall extend the period of maintenance for all records relating to the AGREEMENT until the final disposition of the legal dispute, and all such records shall he made readily available to the DISTRICT. 8.1 ARTICLE 8 - STANDARDS OF COMPLIANCE The COUNTY, its employees; subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this AGREEMENT. The DISTRICT undertakes no duty to ensure such compliance, but will attempt to advise the COUNTY, upon request, as to any such laws of which it has present knowledge. 8.2 The laws of the State of Florida shall govem all aspects of this AGREEMENT. In the event it is necessary for either party to initiate legal action regarding this AGREEMENT, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims which are justiciable in federal court. 8.3 The COUNTY shall allow public access to all project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the COUNTY assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as .... lb~ffvided by law, shall be upon the COUNTY. 8.4 The COUNTY shall make reasonable efforts to obtain any necessary federal, state, local, and other governmental approvals, as well as all necessary private authorizations and permits, prior to the commencement of performance of this AGREEMENT. A delay in obtaining permits shall not give rise to a claim by the COUNTY for additional compensation. If the COUNTY is unable to obtain all necessary permits in a timely manner, either party may elect to terminate this AGREEMENT, each party to bear its own costs, notwithstanding other provisions of this AGREEMENT to the contrary. 8.5 Pursuant to Section 216.347, F.S., the COUNTY is prohibited fi.om the expenditure of any funds under this AGREEMENT to lobby the Legislature, the judicial branch or another state agency. 8.6 OT040622 terminate this AGREEMENT. The DISTRICT is a governmental entity responsible for performing a public service and therefore has a legitimate interest in promoting the goals and objectives of the agency. The work under this AGREEMENT involves a project consistent with these goals and objectives. Consequently, the DISTRICT is desirous of satisfactorily completing and successfully promoting this project with the cooperation of its COUNTY. Therefore, as the DISTRICT'S COUNTY for this project, the COUNTY assures the DISTRICT that the COUNTY, its employees, subcontractors and assigns will refrain from acting adverse o the DISTRICT'S legitimate interest in promoting the goals and objectives of this project. The COUNTY agrees to take all reasonable measures necessary to effectuate these assurances. In the event the COUNTY determines it is unable to meet or promote the goals and objectives of the project, it shall have the duty to immediately notify the DISTRICT. Upon such notification the DISTRICT, in its d~isc~,etion,,4:aa.y Page4of7 ! ~4AR - ~ ARTICLE 9 - RELATIONSHIP BETWEEN THE PART1]gS 9.1 The COUNTY shall be considered an independent contractor and neither party shall be considered an employee or agent of the other party. Nothing in this AGREEMENT shall be interpreted to establish any relationship other than that of independent contractor between the parties and their respective employees, agents, subcontractors, or assigns during or after the perfoanance on this AGREEMENT. Both parties are free to enter into contracts with other parties for similar services. 9.2 It is the intent and understanding of the Parties that this AGREEMENT is solely for the benefit of the COUNTY and the DISTRICT. No person or entity other than the COUNTY or the DISTRICT shall have any rights or privileges under this AGREEMENT in any capacity whatsoever, either as third-party beneficiary or otherwise. 9.3 The COUNTY shall not assign, deleg.ate, or otherwise transfer its fights and obligations as set forth in this AGREEMENT without the prior written consent of the DISTRICT. Any attempted assignment in violation of this provision shall be void. 9.4 The COUNTY shall not pledge the DISTRICT's credit or make the DISTRICT a guarantor of payment or surety for any AGREEMENT, debt, obligation, judgement, lien, or any form of indebtedness. 9.5 The DISTRICT assumes no duty with regard to the supervision of the COUNTY and the COUNTY shall remain solely responsible for compliance with all safety requirements and for the safety of all persons and property at the site of AGREEMENT performance. ARTICLE 10 - MBE PARTICIPATION 10.1 The COUNTY hereby acknowledges that no Minority Business Enterprises (MBE) participation level has been established for this AGREEMENT; however, both parties agree to provide the other advance notice of competitive contracts that may result fi.om this AGREEMENT along with timelmes for public notice and award of such contracts. 1 n the event subsequent competitive contract awards do result in MBE participation, such participation shall be reported to the other party. Both the COUNTY and the DISTRICT will ensure compliance with the provisions of their respective program, laws, ordinances and policies and will support the other's initiatives to the extent allowed by law. ARTICI,E 11 - GENERAL PROVISIONS 11.1 OT040622 Notwithstanding any provisions of this AGREEMENT to the contrary, the parties shall not be held liable for any failure or delay in the performance of this AGREEMENT that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of Government, riots, civil commotion, force majeure, act of God, or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the parties. Failure to perform shall be excused during the continuance of such circumstances, but this AGREEMENT shall otherwise remain in effect. This provision shall not apply if the "Statement of Work" of thisi AGRF~~i, No._ Page 5 of 7 MAR -9 2004 specifies that performance by COUNTY is specifically required during the occurrence of any of the events herein mentioned. 11.2 Failures or waivers to insist on strict performance of any covenant, condition, or provision of this AGREEMENT by the parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other party from performing any subsequent obligations strictly in accordance with the terms of this AGREEMENT. No waiver shall be effective unless in writing and signed by the party against whom enforcement is sought. Such waiver shall be limited to provisions of this AGREEMENT specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the wrihng states otherwise. 11.3 Should any term or provision of this AGREEMENT be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statue, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this AGREEMENT, to the extent that the AGREEMENT shall remain operable, enforceable and in full force and effect to the extent permitted by law. I 1.4 This AGREEMENT may be amended only with the written approval of the parties hereto. 11.5 This AGREEMENT states the entire under-standing and AGREEMENT between the parties and supersedes any and all written or oral representations, statements, negotiations, or contracts previously existing between the pames with respect to the subject matter of this AGREEMENT. The COUNTY recognizes that any representations, statements or negotiations made by DISTRICT staff do not suffice to legally bind the DISTRICT in a contractual relationship unless they have been reduced to writing and signed by an ~ authorized DISTRICT representative. This AGREEMENT shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. The effective date of this Agreement will be the date last signed by one of the parties. DISTRICT and COUNTY, by signing below, represent that each has the authority to enter into this Agreement, and that the performance contemplated by this Agreement is lawful, serves a public purpose, and provides a public benefit. In the event any portion of this Agreement shall be held invalid or unlawful by a court of competent jurisdiction, such portion shall be deemed a separate and severable provision, and such holding will not affect the validity of the mining portions of this Agreement. IN WITNESS WHEREOF, the parties :belOw have caused this AGREEMENT to be duly executed. [Signature page follows] OT040622 Page 6 of 7 AS TO COUNTY: DATED: Attest: By: BY: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA <SignA AS TO DISTRICT: DATED: Attest: By: BY: South Florida Water Management District BY ITS GOVERNING BOARD Frank Hayden, Procurement Director /~_~/u. hr~orida Water Management Vistrict Counsel Procurement Approved Date: Date: OT040622 Page 7 of 7 AGREEMENT BETWEEN THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND, THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT (BIG cypREss BASIN) AND COLLIER COUNTY, FLORIDA This AGREEMENT (hereinafter referred to as the "Agreement"), made and entered into this P--,q"~ day of ~i~p.~, 2003, by and between the Board of Trustees of the Internal Improvement Tr~st Fund of the State of Florida (hereinaft. er "STATE"), the South Florida Water Management District, (hereinafter referred to as DISTRICT"), and Collier County, a political subdivision of the State of Florida, (hereinafter "COUNTY"). W ITN E S SETH: WHEREAS, DISTRICT and STATE have acquired certain land located in Collier County in an area known as the Southern Golden Gate Estates for wetlands restoration and as part of the Everglades Restoration Project (hereinafter "Project"); and WHEREAS, COUNTY holds certain right-of-way easements in trust for the public by virtue of the subdivision plat dedications and other grants within this area and has, over a thirty year period, constructed bridges and improved and maintained these roadways for the benefit of the public; and WHEREAS, COUNTY has expended millions of taxpayer's dollars for th~se improvements and for the maintenance of these roadways and has estimated the value of these easements and the improvements thereupon at approximately 38 million dollars and depreciated same to 17.5 million dollars; and- WHEREAS, STATE has petitioned the COUNTY to relinquish all interest and dght it has in these roadways to the State of Fiodda for purposes of its project; and WHEREAS, COUNTY is desirous of assisting in the Project and has scheduled and noticed a public headng for consideration by the Board of County Commissioners of the vacation of these roadways; and WHEREAS, the vacation of these roadways in furtherance of this Pr(Jject will enhance the surrounding wetlands and facilitate the preservation of wetlands in the Southern Golden Gates Estates; and Page 1 of 7 WHEREAS, the Big Cypress Basin, a sub-district of the DISTRICT, (hereinafter referred to as the "BCB") supports the DISTRICT and STATE and is committed to meeting the obligations contained herein but is without statutory authority to contract independently of the'DISTRICT; and WHEREAS, DISTRICT, BCB, and STATE to the extent it may have an interest in lands managed by DISTRICT or BCB and identified for this purpose, are willing to transfer to COUNTY 640 acres of contiguous unimproved land to be used for Collier County i'esidents for recreational purposes in exchange for the vacation of these roadways; and WHEREAS, the acquisition of 640 acres, whether directly or indirectly by DISTRICT, or BCB for the purposes set forth herein, will further this Project and constitutes a public purpose as contemplated by Chapter 373; and WHEREAS, because of the importance of the secondary canal system to the overall water management mission of the BCB, the DISTRICT, through the budget of the BCB, is willing to dedicate $1 million from the BCB budget to Collier County for maintenance, repair and operation of the secondary canal system in Collier County over a period of twenty years or until the District assumes all responsibility for the operation and maintenance of the secondary canal system, whichever occurs first; and WHEREAS, the parties desire to enter into a binding agreement which will provide for and govern the transfer of property and allocation of funds if the County vacates, terminates or .releases its interest-~a~r~:r-~:~ertain roadways located within the Southern Golden Gate Estates; and WHEREAS, the parties intend that the COUNTY wilt enter into' this Agreement` if and only if the COUNTY, after having considered the request for vacation at a public meeting, has determined that it will approve the request and adopt a resolution vacating and renouncing all interest in the roadways described herein. NOW, THEREFORE, in consideration of the benefits flowing from each to the other, STATE, DISTRICT, BCB and COUNTY agree as follows: 1. The above recitals are true and correct and are incorporated herein as a part of this Agreement. 2. COUNTY shall, simultaneous with the entry into this Agreement, adopt resolution vacating and releasing its interest in all roadways identified in "Exhibit A," attach hereto and incorporated, herein, in accordance with. Chapter 336, Florida Statutes. 3. DISTRICT, on behalf of and through the budget of its Big Cypress Basin, will dedicate annually one million dollars of its funding annually to the operation, maintenance and repair of the secondary canal system in Collier County. This allocation of dollars will commence in budget year 2004 andcontinue.. ..: !ora-~[ed.:ofll. Page 2 of 7 twenty (20) years, or until, such time as DISTRICT, through the budget of its BigCypress Basin, assumes all respi2nsibility for the operaticrr an(t maintenance of the-secondary canal system, whicheve, r occurs first. BCB and COUNTY will coordinate with one another and' agree ~s to how these funds are spent each year. Notwithstanding the foregoing, funding for each applicable fiscal year of this Agreement is subject to Big Cypress Basin Board and DISTRICT Governing Board annual budgetary appropriation. In the event the DISTRICT does not approve funding for any subsequent fiscal year, this portion of the Agreement will terminate as to this obligation. The parties hereto acknowledge and agree that the maintenance and operation of the secondary canal system in Collier County is a project of extreme importance to the overall water management system in Big Cypress Basin; consequently DISTRICT and BOB agree to make every reasonable effort .to meet this funding obligation every year, and shall not unreasonably withhold allocation of this monetary commitment in its annual budget. The parties agree that this paragraph will constitute a severable portion of this Agreement so that the failure of DISTRICT to fuffill this provision will not terminate or release DISTRICT and STATE from other obligations set forth in this Agreement. 4. DISTRICT and/or BCD will convey, or cause to be conveyed, at no cost to COUNTY, fee simple interest to 640 contiguous acres, more and less, of unimproved land to COUNTY no later than October 1, 2005. The land shall be suitable for recreational purposes, including, but not limited to, recreational ATV use, and must be acceptable to the COUNTY. The COUNTY agrees not to un.reasonably withhold approval of the land tendered by the DI-STRICT. 5. DISTRICT and BCB acknowledge and agree that the dedication of dollars for the maintenance and repair of the secondary canal system in Collier COunty and for the acquisition of 640 acres of land, as both are contemplated by this Agreement, are statutodly-authorized expenditures.-.- 6. The COUNTY will release, terminate or disclaim any interest it has in the rights-of- way in portions of that roadway known as Janes Scenic Drive (commencing just south of the Harmon B'¢others rock pit and continuing to its northernmost terminus) as more particularly described in Exhibit ~B" attached hereto. As a condition of this abandonment of Janes Scenic Drive, STATE and DISTRICT agree to provide access from Janes Scenic Drive to Lee County Electric for purposes of maintaining its facilities and, if requested by utility, STATE will provide a replacement easement of sufficient width for the maintenance, repair and operation of its existing facilities. Moreover STATE and DISTRICT agree to provide access to and from Janes Scenic Drive to the City of Everglades wellfield as such access currently exists. County acknowledges that not all portions of Janes Scenic Drive will revert to STATE or DISTRICT after (~OUNTY vacates Janes Scenic Ddve, and that STATE and DISTRICT shall have no duty to perform under the provisions of this paragraph 6 as to those portions of the right-of-way not under their ownership and control subsequent to the vacation of the rights-of-way. 7. COUNTY will release, terminate or disclaim any interest it has in Boulevard Extension, more particularly described in Exhibit "B, Page 3 of 7 the Miller "and agrees!c~,execute any documents deemed~necessary by the DISTRICT and/or STATE to fully release or terminate its interest in this right-of-way. The County's release of any interest it has in Miller Boulevard Ext,ehsien' and execution of any related documents shall be contingent upon the agreement of the Board of Trustees of the Internal Improvement Trust Fund of the State of Fiodda and its agent the Department of Environmental Protection entedng into a stipulated dismissal of the lawsuit styled Collier County v. Sheldon C. Marshall, Jr., et. al., Case No. 99-2009~CA-TB, Twentieth Judicial Circuit Court of In and For Collier County, Flodda, pursuant to which each party shall bear its own costs and attorney'S fees and release the other of any and all related claims. 8. The STATE and DISTRICT agree to maintain those roadways contained within the project area and identified on Exhibit "C', attached hereto, in the following manner: (a) Ail "primary, ali weather roads" (represented by solid line on Exhibit "C") will be maintained above-grade and will be open to the traveling public 24-hours a day, seven days a week. (b) "Secondary, dry season" roads (represented by a dashed line on Exhibit "C') will be stabilized and maintained at or below grade and will be open to the general public weather permitting, as noticed by the Division of Forestry. For those landowners of improved property whose only access is via one of these secondary dry season roads, they will be provided access 24-hours a day, seven days a week. (c) Notwithstanding the foregoing, DISTRICT agrees that safe vehicular access will be.provided 'to all homeowners within the Project Area at all times. '(d) STATE and DISTRICT will provide access to Sprint and Florida Power & Light from those roadways designated as "primary, all weather roads" to all telephone and electric facilities located within these rights-of-way. If requested, STATE will provide a replacement easement to Sprint and FPL of sufficient dimensions to provide for the continued maintenance, repair and operation of these utilities. This provision will not be codstrued as requiring the granting of easements or licenses for the expansion of such facilities. County acknowledges that not all portions of Janes Scenic Drive will revert to STATE or DISTRICT after COUNTY vacates Janes Scenic Drive, and that STATE or DISTRICT shall have no duty to perform under the provisions of this paragraph 8(d) as to those portions of the right-of-way not under their ownership and control subsequent to the vacation of the rights-of-way. 9. DISTRICT and/or STATE agree that the general public will be given access for recreational uses on lands within the Project Area and in the adjoining Picayune' Forest. As part of this commitment the Picayune Strand State Forest Recreation Program will provide for dispersed recreational opportunities and will recognize the following uses as compatible with resource protection and passive recreation: horseback dding; fishing; off-road bicycling; hiking; primitive camping; some types of hunting; wildlife viewing and nature study. The Division of Forestry is currently evaluating the potential of an off- highway vehicle area and a gun range. All uses must be consistent with-t-he, resource management plan, and use best management practices (BMPs) to prote~t the ';' -',": - ~i~i~'~'-' Page 4 of 7 resources.. The Collier County Commissioner of the District in which Picayune Strand State Forest'is located will be requested to participate as a member of the Management Plan Advisory Group. 'This is consistent with s. 259.032 of the Fiodda Statutes. Routes of ali trails and facilities will be adjusted if parcels are not acquired as anticipated or based on the areas affected by hydrological restoration. Fees will be charged for some uses, and rules established in accordance with 51-4 of the Florida Administrative Code, and Policy 520 (Forest Recreation Management). 10. STATE will provide Collier County with access to the gate north of 1-75 at Everglades Boulevard either by providing key access or by establishing a protocol suitable to permit emergency access for emergency medical and fire rescue and control personnel, equipment and vehicles from 1-75 to Everglades Boulevard. 11. The Jaws of the State of Florida shall govern all aspects of this Agreement. 12. By execution of this Agreement, the COUNTY, DISTRICT and STATE are not assuming any liabilities or duties whatsoever, for the other, which may then exist or have previously accrued to third parties, including, but not limited to, personal injury, property damage, inverse condemnation, etc., resulting from either party's ownership, operation or control over the property that is the subiect of this Agreement. 13. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by alt parties and shall inure to the benefit of and be binding upon the parties hereto and their respective successors and/or assignees, whenever the context so requires or admits. 14. The effective date of this Agreement will be the date last signed by one of the parties. 15. DISTRICT and STATE, by signing below, represent that each has the authority to enter into this Agreement, and that the performance contemplated by this Agreement is lawful, serves a public purpose and provides a public benefit. In the event any portion of this Agreement shall be held invalid or unlawful by a court of competent jurisdiction, such portion shall be deemed a separate and severable provision, and such holding will not affect the validity of the remaining portions of this Agreement. The STATE's obligation to pay under the provisions of this agreement is contingent upon an annual appropriation by the Legislature. IN WITNESS WHEREOF, the parties below have caused this Agreement to be duly executed. Page 5 of 7 [Signature pages fol!ow] AS TO COUNTY: ASsts~cant ~ Attornel £~len T. 4~mbell BY: BOARD OF COUNTY COMMISSIONERS COLLIE,~UN~/~7ORIDA ' TOM HE~NING, VChairman'-'"'~, AS TO DISTRICT: South Florida Water Management District, BY ITS GO BV~-~=~,~ .,lARD BY: , Chairman Form Approve~ By: South Rorida Water Management District Counsel Date: Ct t'3 O/() 3 Page 6 of 7 [Signature page follows] AS TO STATE: BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND Page 7 of 7 PLATTED ROADWAYS SOUTHERN GOLDEN GATE ESTATES Those road rights of way dedicated to the public in the following subdivisions known as Golden Gate Estates, recorded in the public records of Colher County, Florida as follows: Unit Unit Unit Unit Unit Unit Unit Unit Unit Unit Unit umt Unit Unit Unit Unit Unit Unit Unit Unit Unit Unit Unit umt Unit Unit Unit Unit Unit Unit Unit Unit 134, Unit 135, Unit 136, Unit 137, 102, 103, 104, GGE, 105, GGE, Plat Book 7, Page 99; 106, GGE, Plat Book 7, Page 36; 107, GGE, Plat Book '7, Page 37; 108, GGE, Plat Book 7, Page 38; 109, GGE, Plat Book 7, Page 39; 110, GGE, Plat Book 7, Page 40; 111, GGE, Plat Book 7, Page 4-1; 112, GGE, Plat Book 7, Page 42; 98, CGE,-Plat Book 7, Page 97; 98A (replat), GGE, Plat Book 9; Page 44; 99, GGE, Plat Book 7, Page 33; 99A (repiat), GGE; Plat Book 9, Page 44; 100, GGE, Plat Book 5, Page 33; 100A (replat), GGE, Plat Book 7, Page 107; 101, GGE, Plat Book 5, Page 34; GGE, Plat Book 7, Page 34; GGE, Plat Book 7. Page 98; Plat Book 7, Page 35; 113, GGE, Plat Book 5, Page 35; 113A (mptat), GGe, Plat Book 7, 114, GGE, Plat Book 5, Page 36; 114A (replat), GGE, Plat Book 7, 118, GGE, Plat Book 5, Page 37; 119, GGE, Plat Book 5, Page 38; 121. GGE, Plat Book 5, Page 39; 123, GGE, Plat Book 5, Page 40; 123A (replat), GGE, Plat Book 9, 124, GGE, Plat Book 5, Page 41; 127, CAGE, Plat Book 5, Page 42; 130, GGE, Plat Book 5, Page 43; 131, GGE, Plat Book 5, Page 44; GGE, Plat Book 5, Page 45; GGE, Plat Book 5, Page 46; GGE: Plat Book 5, Page 47; GGE, Plat Book 5, Page 48; Page 106; Page 105; Page 10.6;. EXttlBIT A 1 OF2 Unit 140, GGE, Plat, Book 5, Page 49; Unit 141,' G~3E,' Plat Book 7, Page 43; Unit 142, GGE, Plat Book 7, Page 44; Unit 143, GGE, Plat Book 5, Page 50; Unit 144, GGE, Plat Book 5, Page 51; Unit 145, CAGE, Plat Book 5, Page 52; Unit 146, GGE, Plat Book 5, Page 53; Unit 147, CAGE, Plat Book 5, Page 54; Replat of Unit 148, Tracts 114, 115, 126 & 127, Unit 147, GGE, Plat Book 5, Page 96; C-GE, Plat Book ?, Pas 45; Unit 149, Unit 150, Unit I51, Unit 152, Unit 153, Unit 154, Unit 155, Unit 156, Unit 157, Unit 158, Unit 159, Unit 1~0, Unit 161, Unit 162, Unit I63, Unit 164, Unit 165, Unit 166, Unit 167, Unit 171, Unit i72, CAGE, Plat Book 7, Page 46; GGE, Plat Book 5, Page 55; GGE, Plat Book 9, Pas 103; GGE, Plat Book 5, Page 56; GGE, Plat Book 5, Page 57; GGE, Plat Book 5, Page 58; GGE, Plat Book 5; Page 91; GGE, Plat Book 5, Page 92; G-GE, Plat Book 5, Page 93; GGE, Plat Book 9, Page 104; CAGE, Plat Book 5, Page 59; GGE, Plat Book 7, Page 47; GGE, Plat Book 7, Page 48; GGE, Plat Book 7, Page 49; GGE, Plat Book 7, Page 50; GGE, Plat Book 7, Page 51; GGE, Plat Book 9, Page 105; GGE, Plat Bcok 5, Page 94: GGE, Plat Book 5, Page 95; GGE, Plat Book 7, Page 52; and GGE.. Plat Book 7, Page 53 Consisting of 2293 acres, more or less. EXttIIIIT A 2OF2 Miller Boulevard Extension Centerline of 60' Right of Way (approximately 1.12 miles) Commencing at a concrete monument marking the northwest comer of Section 25, Township 51 South, Range 27, East, Collier County, Florida; thence along the north line of said Section 25, N 89°23'36"- E, 1904.87 feet to the centertine of Miller Boulevard. a 100' wide road easement as shown on the plat of Golden Gate Estates Unit No. 162, a subdivision recorded in Plat Book 7, Page 49, Public Record~ of Collier County, Florida; thence along said centerh~ne S 00°30'48" E, 1800.56 feet to the south line of said Golden Gate Estates Unit No. 162 and the Point of Be~nning; thence S 61 o 13'29" W, 85.00 feet; thence S 89°49'03'' W, 594.84 feet; thence S 07049'48" W, 301.69 feet; thence S 39°07'08" W, 252.55 feet; thence S 19o26'35" W, 383.19 feet; thence S 02°50'36" E, 1169.10 feet; thence S 08°00'03" W, 849.08 feet; thence S 17o29'07" W, 329.11 feet; thence S 00o18'56" W, 654.22 feet; thence S 07°04'13'' E, 205.07 feet; thence S 24o41'44" W, 971.14 feet; thence S 28°46'00" W, 200.00 feet to the northerly ri*dht of way line of U.S. 41 and the Point of Termination EXItlBIT B 1 OF2 SOUTHERJV-MAPPING TECHNOLOGY, INC. PROFESSIONAL SURVEYORS AN~ MAPPERS 4376 CORPORATE SQUARENo. 1 * NAPLES, FL 34104 * Phone (239) 643-2911 ' Fax (239)263-9099 PORTION OF JANES SCENIC DRIVE That part of Janes Scenic Drive, a 100' wide right of way, described in Quit Claim Deed recorded in O.R. Book 76, Page 394 of the PubLic Records of Collier County, Florida that lies northerly of the south line of the north 150 feet of the south 660 feet of the southeast quarter of Section 12, Township 52 South, Range 29 East. James S. Richmond, PLS Professional Surveyor and Mapper Florida Certificate No. LS 4118 Southern Mapping Technology, Inc. LB 6627 EXttlBIT B 2OF2 Sour. hem Golden Gate Esrams Post Restoration Road Plan 9 March 2003 - 75 --4-'-L ! -I~: -· ~ I~1 I''~' ' · ~ ~: ~-'t I~-' I ~ ~ ~ /. ! l' !~ .... !~ ! , ~Ave ~ ...... I~ L ~P-~-~; ..... , ,, ~8 Ave S~ ~Y08 Ave SE MAR - 9 2004 EXECUTIVE SUMMARY THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE A BUDGET AMENDMENT INCREASE OF UP TO $16,000 TO FUND REVISED ESTIMATED COSTS TO COMPLETE POWDER COATING CONVERSION AND OTHER IMPROVEMENTS TO THE POWDER COATING FACILITY AT 11:llg-IMMOKALEE REGIONAL AIRPORT -~- --- - OBJECTIVE: That the Board of County Commissioners - by budget amendment - approve an increase not to exceed $16,000 to fund completion of the powder coating conversion and other agreed-upon improvements to the Incubator Support Facility at the Immokalee Regional Airport. CONSIDERATION: On December 31, 2003 the Collier County Airport Authority (CCAA) signed a sublease between the County and Florida Architectural Products, Inc. for the Incubator Support Facility at the Immokalee Regional Airport. The Authority agreed to convert the existing powder coating system to a wet painting system and to make other specified improvements to the leased premises. Staff originally estimated these improvements would cost approximately $21,000, based on an estimated $9,000 tenant improvement allowance ($2,000 from CCAA and $7,000 from Financial Administration and Housing (FAH)) and $12,000 for the Powder Coating Conversion ($6,000 from CCAA and $6,000 from (FAH). Staff is now estimating that the revised project completion will cost approximately an additional $16,000. This portion of the project includes build{rig ~wo (2) offices, installing two interior restroom doors through a rated firewall and creating a 10' X 14 ' opening through a rated firewall in the assembly' area bay into the bonded warehouse bay. FISCAL IMPACT: Funds are available in General Fund (001) Reserve for Contingencies and shall not exceed $16,000. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approves a budget amendment up to $16,000 to complete the leasehold improvement project as required by the sublease agreement obligation. PREPARED By: -~~_~.t~e~t~,~ "Date: John W. Kirchner, Airport Manager Immokalee ~~Airport ../'"Eugene Schmidt, Executive Director .~.~°6fl~er County Airport Authority EXECUTIVE SUMMARY APPROVE THE SEARCH FOR AN EXECUTIVE DIRECTOR FOR THE COLLIER COUNTY AIRPORT AUTHORITY OBJECTIVE: To hire. a permanent Executive Director for the Collier County Airport Authority. CONSIDERATIONS: At its October 12, 2003 meeting, the Airport Authority affirmatively resolved to commence a national search for a permanent Executive Director in the early part of 2004. Section 10(A) of the recently enacted Collier County Ordinance No. 2004-03 requires the authorization of the Board of County Commissioners prior to the Authority beginning the search. This Executive Summary represents the request for the needed authorization. A highly effective method of finding personnel looking for executive positions in the airport industry is to post an open position ad on the Career Center web page of the American Association of Airport Executives. The cost of a 30-day job posting is $150. A subsequent posting for an additional 30 days costs an additional $85. The cost of reimbursing potential candidates for travel and lodging arising from visits to the Authority for job interviews is estimated to be $2,000. Given this, the fiscal impact of the national search should be approximately $2,500. FISCAL IMPACT: Funds are available in the FY03-04 operating budget of the Airport Authority Fund (495). GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve the search for an Executive Director for the Collier County Airport Authority. PREPARED BY: ~ce Manager APPROVED BY: Gene~J~midt, Executive Director DATE: DATE: NAR - 9 200~, I EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for ~: Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Jim Coletta FUNCTION/EVENT: The Hispanic Chamber of Commerce of Collier County Annual Awards Banquet. PUBLIC PURPOSE: To represent the County at this awards banquet for Hispanic Citizens Award and Hispanic Business CEO's. DATE OF FUNCTION/EVENT: March 13, 2004 FISCAL IMPACT: $65.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99-410, approve payment by the Clerk for Commissioner Jim Coletta to attend function serving a valid public purpose. SUBMITTED BY:. ~oBCC APPROVED BY: ~~,~_.) SueX461's~n,~Exe~u'~i-v~Manager to BCC Date: e~2,~//~,e)/ Date:o~- ~-,~'--~ , Pg. / The Hispanic Chamber of Commerce Of Collier County Cordially invites you to The 2004 AnnualBanquet Gala Saturday March ~3, 2oo4 At the Elks Club 395o Radio Road Naples, F£ 34~o4 from 6:oo Pm to ~2:oo A~ Entertainment by "Mora Arriaga Brothers International Show" E~joy a great dinner buffet andgreat music! Soundandmusic by "JC Productions" ":~lispanic Citizens Awards" . ~' ~e'co~nitio~ of:~lispanic Business CEO~ ~-mem~ers s65 yer person ~2o per 04 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE March 9, 2004 FOR BOARD ACTION: A. Minutes: Pelican Bay Services Division - Agenda for January 21, 2004; February 4, 2004, Minutes of January 7, 2004, and Minutes for January 21,2004 for both the 1:00 special meeting and the 2:00 special meeting; Budget Sub-Committee Agenda for January 28, and February 18, 2004, Sub- Committee Minutes for December 10, 2003; January 28, 2004 and February 18, 2004 and Minutes of February 7, 2004. Collier County Planning Commission - Agenda for February 5 and 19, 2004; Minutes of July 18, 2003, December 18, 2003, and January 15, 2004. o Parks and Recreation Advisory Board - Agenda for February 18, 2004; Minutes of January 21, 2004. Citizen Corps Advisory Committee - Agenda for November 20, 2003 and January 15, 2004; Minutes of November 20, 2003 and January 15, 2004. o Golden Gate Estates Land Trust Committee - Minutes of November 24, 2003. 6. Coastal Advisory. Committee - Minutes of January 8, 2004. o Immokalee Area Master Plan Ad Hoc Committee - Agenda for February 18, 2004, Minutes of February 4, 2004. Ochopee Fire Control District Advisory Committee - Minutes of November 12, 2003, and January 13, 2004. Vanderbilt Beach M.S.T.U. - _Agenda for February 5, 2004 and March 4, 2004; Minutes of January 8 and February 5, 2004. 10. Conservation Land Acquisition Advisory Committee - Agenda for December 5, 2003, December 15, 2003, January 12, 2004 and February 9, 2004; Minutes of November 10, 2003; December 15, 2003 and January 12, 2004; Voting Conflict for County Municipal and other Local Published Officers. H:Data/Format I1. Development Services Advisory Sub-Committee (Budget and Operations Sub-Committee) Agenda and Minutes for February 10, 2004. Regular Agenda for February 4, 2004; Minutes of December },~2003 and January 7, 2004. - No.. I ;:r: MAR - 12. 13. 14. 15. Collier County Historical Archaeological Preservation Board - Agenda for January 21, 2004 and February 18, 2004; Minutes of December 17, 2003 and January 21, 2004. Collier County Hispanic Affairs Advisory Board - Agenda for November 20, 2003; January 22, 2004; January 22, 2004; Minutes of November 20, 2003 December 18, 2003. Collier County Revenue Commission - Minutes for October 8, 2003. Collier County Library Advisory Board - Agenda for January 28, 2004; Minutes of December 10, 2003. 16. Bayshore Beautification M.S.T.U. - Agenda for February 11, 2004; Minutes of January 14, 2004. 17. Tourist Development Council - Minutes of January 27, 2003, February 24, 2003, March 24, 2003, April 28, 2003, May 28, 2003, June 23, 2003, August 21, 2003 (Sub Committee), September 22, 2003, October 27, 2003, November 24, 2003 and December 22, 2003. There are no minutes for July; 2003. 18. Forest Lakes Roadway and Drainage M.S.T.U. - Agenda for February 18, 2004; Minutes for Special Meeting on January 12, and Regular meeting minutes for 21, 2004. 19. Environmental Advisory Council - Agenda for February 4, 2004; Minutes of January 7, 2004. 20. Collier County Coastal Advisory Committee - Agenda for February 12, 2004. 21. Radio Road Beautification M.S.T.U. - Agenda for January 20, 2004; Minutes of Janu. ary 20, 2003. 22. Collier County Contractor's Licensing Board - Agenda for February 18, 2004. 23. Black Affairs Advisory_ Board - Minutes of December 15, 2003. 24. Lely Golf Estates Beautification M.S.T.U. - Agenda for February 19, 2004; Minutes of January 15, 2004. 25. Immokalee Beautification M.S.T.U. Advisory Committee -Agenda for January 21, 2004, and February 18, 2004; Minutes of January 21, 2004. 26. Productivity Committee - Minutes of January 21, 2004. Il:Data/Format A~HDA ITEM No. Pg. EXECUTIVE SUMMARY THAT THE BOARD OF COUNTY COMMISSIONERS MAKE A DETERMINATION OF WHETHER THE PURCHASES OF GOODS AND SERVICES DOCUMENTED IN THE DETAILED REPORT OF OPEN PURCHASE ORDERS SERVE A VALID PUBLIC PURPOSE AND AUTHORIZE THE EXPENDITURE OF COUNTY FUNDS TO SATISFY SAID PURCHASES.~ OBJECTIVE: To have the Board of County Commissioners make a determination whether the purchase orders opened from January 31, 2004 through February 29, 2004 serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. CONSIDERATIONS: To ensure compliance with State law, the Clerk's Office has prepared a detail list of all purchase orders that have not previously been approved by the Board of County Commissioners that were opened for the period January 3 l, 2004 through February 29, 2004. This report is available for inspection and review in the County Manager's Office. FISCAL IMPACT: The goods and services included in the aforementioned report have all been previously appropriated. GROWTH MANAGEMENT IMPA CT: related to this item. There is no Growth Management Impact RECOMMENDATION: That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the detailed report of open purchase orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. Prepared By: .~ ~' ~ Date: ,~1,.~ ia/roes L. Mitcfiell, CIA, CFE, CBA ' Director of Finance and Accounting Reviewed and Approved By: Constance Murray ~ General Operations Manager EXECUTIVE SUMMARY RECOMMENDATION FOR THE BOARD OF COUNTY COMMISSIONERS TO APPROVE A REVISED RETENTION AGREEMENT WITH THE LAW FIRM OF CARLTON, FIELDS, WARD, EMMANUEL & SMITH, P.A., AND TO WAIVE THE PURCHASING POLICY, TO THE EXTENT THAT IS NECESSARY, AND/OR TO EXEMPT THIS REQUEST FROM FORMAL COMPETITION PURSUANT TO SECTION VII.G. OF THE PURCHASING POLICY. OBJECTIVE: For the Board of County Commissioners to approve a revised Retention Agreement with the law firm of Carlton, Fields, Ward, Emmanuel & Smith, P.A. ("Carlton Fields") and to waive the Purchasing Policy, to the extent that is necessary, and/or to exempt this request from formal competition pursuant to Section VII.G. of the Purchasing Policy. CONSIDERATIONS: For many years, the law firm of Carlton Fields has provided legal services to Collier County under an ongoing Continuing Retention Agreement. These services have included, without limitation, representation of the County in construction disputes and land use matters. At the request of the Purchasing Department, the County Attorney Office undertook review of the Continuing Retention Agreement and has revised it in order to provide a defined contract period. This was based upon a recommendation by the Purchasing Department. In addition, the County Attorney has added additional protections for the County in the contract. As revised, the contract with Carlton Fields will end on December 15, 2006 unless terminated earlier in accordance with the provisions of the contract. Absent any notice to terminate, the contract may be renewed upon mutual consent of the parties for two (2) additional terms of one year each. This approach is in line with the recommendations of the Purchasing Department. The Board should note that under the proposed revised contract, fees for the attorneys have been raised as follows: Current Agreement Proposed Agreement Michael F. Nuechterlein - $265.00 per hour Martha Chumbler o $240.00 per hour Nancy G. Linnan - $250.00 per hour Don Hernke - $240.00 per hour $220.00 per hour - principals (partners) $190.00 per hour - associates law clerks & legal assistants (no set rate) $275.00 per hour $250.00 per hour $265.00 per hour $250.00 per hour $240.00 per hour These fee increases appear to be reasonable in light of the fact that the Carlto~ has been working for the County without increasing its fees since Septeml $200.00 per hour $125.00 per hour "~i~~ ITEM ,er ~0'~002. }6 ~ (I) MAR' 9 200 , P~. The Board should also note that there will be a renegotiation of this fee schedule in September, 2004, and to the extent any increase is proposed or recommended, the Board will have the opportunity to review and determine whether to approve that increase. The Board should also be aware that the Carlton Fields firm is currently representing the County in a wide range of matters. These matters include, without limitation, land use matters relating t° the Growth Management Plan as well as construction matters relating to the North Wastewater Treatment Plant and the South Water Plant. The recommendation to waive the Purchasing Policy, to the extent it may be necessary, to approve the revised Retention Agreement is made as being in the best interests of the County in light of Carlton Fields' current significant role in several substantial legal matters on behalf of the County. In addition, this request for exemption from the Purchasing Policy is premised on Section VII.G. of the Purchasing Policy, which recognizes that requests for outside legal services may be exempted from formal competition at the request of the County Attorney. FISCAL IMPACT: As noted, there is going to be an increase of fees if this revised Retention Agreement is approved by the Board of County Commissioners. In addition, in those instances where the firm's services are requested and used solely by the Office of the County Attorney, payment of fees shall come from the Office of the County Attorney, Fund No. 001-100510-631100. In other instances, payment for fees shall come from those Departments benefiting from or requiting the services. GROWTH MANAGEMENT IMPACT: associated with this Executive Summary. There is no growth management impact RECOMMENDATION: That the Board approve the revised Retention Agreement with Carlton Fields and to waive the Purchasing Policy, to the extent that is necessary, and/or to exempt this request from formal competition pursuant to Section VII.G. of the Purchasing Policy, and authorize the Chairman to sign the revised Retention Agreement. PREPARED B~(:' Michael W. Pettit, Chief Assistant County Attorney REVIEWED BY: Steve Carnell, Direct' or, Purchasing Department DATE: APPROVED BY: D~vi'~-C.-We-igel, County Att~:~ey 2 DATE: AGENDA ITEM NO. 16~[ ~) AR' 9 200 RETENTION AGREEMENT WITH cARLTON, FIELDS, WARD, EMMANUEL & SMITH, P.A. This Retention Agreement is made by and between the Board of County Commissioners of Collier County, Florida (the "County"), and the law firm of Carlton, Fields, Ward, Emmanuel & Smith, P.A., of Tampa, Florida ("Carlton, Figlds"). Whereas, Carlton, Fields has special expertise and resources in a wide range of legal matters, with particular expertise in construction law, litigation, appellate matters, utilities, land usc, property rights, thc County's Growth Management Plan and related administrative, executive, and judicial hearings, appeals, negotiations, and County committee work related thereto; and Whereas, the County from time to time has a requirement and need for legal services which are particularly within the expertise of Carlton, Fields; Now, therefore, in consideration of the premises contained herein, the County hereby hires and retains Carlton Fields and Carlton Fields hereby agrees to provide legal services County. ARTICLE 1 COMPENSATION~ METHOD OF PAYMENT Compensation shall be paid to Carlton, Fields in accordance with the terms set forth in Exhibit A attached hereto and made a part hereof. Requirements for reimbursable expenses are set forth in Exhibit B, attached hereto and made a part hereof. Expenses' other than automobile expenses must be documented by copies of paid receipts or other evidence of payment. The Certificate contained in Exhibit C must be included with every invoice submitted for payment. 1.1 Page I of 18 MAR' 9 200q / 1.2 1.3 The rates set forth in Exhibit A shall remain in effect through September 1, 2004, at which time new rates shall be negotiated with the County Attorney subject to approval by the Board of County Commissioners. Multiple Attorney Assignments. The County acknowledges that, from time to time, it may be advisable for Carlton Fields to assign more than one attorney to a project or case. Nevertheless, in order to ensure that such multiple attorney assignments are efficient and cost-effective for the County, Carlton Fields agrees to the following procedures and billing limitations for multiple attorney assignments. ~' 1.3.1 A primary attorney will be identified for such projects or cases and that attorney will be the contact attorney for the County. In practice, this means that usually only the primary attorney will meet or communicate directly with county personnel or attend meetings, court, arbitrations, mediations or other 1.3.2 proceedings on behalf of the County. of multiple attorneys at meetings, Where Carlton Fields deems attendance court, arbitrations, mediations or other proceedings to be necessary, Carlton Fields will seek pre-approval from the County Attorney whenever circumstances reasonably permit. Attorneys assigned to a project or case other than the primary attorney will generally be less senior attorneys with lower billing rates unless the additional attorney(s) has/have a demonstrated expertise that will demonstrably enhance the value and efficiency of the legal services being provided to the County. Page 2 of 18 AGENDA I'[:EM NO. ~ HAR' 9 200 1 Pi[. L~ 1.4 1.5 1.6 1.3.3 Carlton, Fields agrees that internal or in-house conferences among multiple attorneys assigned to a project or case shall be kept to the minimum reasonably necessary for the provision of the legal services in question. 1.3.4 The County understands and agrees that legal research may be a necessary part of the provision of legal services under this Agreement. However, Carlton Fields must obtain pre-approval from the County Attorney for all legal research projects exceeding three (3) hours. Carlton, Fields may submit invoices for hourly work assignments pursuant to Exhibit A only after the services for which the invoices are submitted have been completed or expenses incurred. An original invoice plus one copy is due within fifteen (15) days of the end of the month, except the final invoice which must be received no later than sixty (60) days after the work is completed or the expiration of this Agreement. To be deemed proper, all invoices must comply with the requirements set forth in this Agreement and must be submitted on the form and pursuant to the instruction prescribed by County. Payment may be withheld for failure of Carlton, Fields to comply with a term, condition, or requirement of this Agreement. Payment shall be made to Carlton, Fields at: Carlton, Fields, Wm'~, ~ ....... ' One H".,r~aa-.:r Place - ~- 0- 1%~' 3 ~ · ] Tampa, Florida 3G60-2 3~bOI- 3.~5¢ Page 3 of 18 MAR' 9 200 ARTICLE 2 INSURANCE 2.1 2.2 2.3 In order to insure the indemnification obligation contained above, Carlton, Fields shall as a minimum, provide, pay for, and maintain in force at all times during the term of this Agreement, professional liability insurance in an amount not less than Three Million Dollars ($3,000,000.00) Per Occurrence, Combined Single Limits. If any liability insurance obtained by Carlton, Fields to comply with the insurance requirements contained herein is issued on a "claims made" form as opposed to an "occurrence" form, the retroactive date for'coverage shall be no later than the commencement date of the assigned work to which this Agreement applies, and such insurance shall provide, in the event of cancellation or non-renewal, that the discovery period for insurance claims (tail coverage) shall not be less than three years following the completion of the assigned work and acceptance by the County. Such policy or policies shall be issued by United States Treasury approved companies authorized to do business in the State of Florida, and having agents upon whom service of process may be made in Collier County, Florida. Carlton, Fields shall furnish to the Risk Management Director Certificates of Insurance or endorsements evidencing the insurance coverages specified by this Article prior to beginning performance of work under this Agreement. Page 4 of 18 AGENDAITEM NO. It,,~: (~) HAR ' 9 200 Pg. ~ 3.1 3.2 3.3 ARTICLE 3 TERM AND TIME OF PERFORMANCE The term of this Agreement shall be Commissioners until and through December 15, accordance with the provisions of'this .Agreement. from the date approved by the Board of County 2006, unless terminated earlier in Absent notice of intent to terminate, the Agreement may be renewed upon mutual consent of the parties for two (2) additional terms of one (1) year each. (In the event the term of this Agreement extends beyond a single fiscal year of County, the continuation of this Agreement beyond the end of any fiscal year shall be subject to the availability of funds from County in accordance with Chapter 129, Florida Statutes.) Time shall be deemed to be of the essence in performing the duties, obligations and responsibilities by this Agreement. Any amendments, alterations, variations, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by both parties hereto, and attached to the original of this Agreement. 4.1 ARTICLE 4 TERMINATION . This Agreement may be.!erminated by either party for cause upon ten (10) days' notice or by either party for convenience upon no less than forty-five (45) days' advance written notice in accordance with the ."NOTIC'ES" section of this Agreement. Page 5 of 18 MAR' 9 Pg. -'7 4.2 4.3 Termination of this Agreement for cause shall include, but not be limited to, failure to suitably perform the work, failure to continuously perform the work in a manner calculated to meet or accomplish the objectives of County as set forth in this Agreement, or multiple breach of the provisions of this Agreement notwithstanding whether any such breach was previously waived or cured. In the event this Agreement is terminated for convenience, Carlton, Fields shall be paid for any services performed to the date the Agreement is terminated; however, upon notice by either party to terminate, Carlton, Fields shall refrain from performing further services or incurring additional expenses under the term of this Agreement. Carlton, Fields acknowledges and agrees that Ten Dollars ($10) of the compensation to be paid by County, the adequacy of which is hereby acknowledged by Carlton, Fields, is given as specific consideration to Carlton, Fields for County's right to terminate this Agreement for convenience. Carlton, Fields's obligations to the County as provided for hereunder shall cease upon termination, except for participating in an orderly and professional transfer of such responsibilities and files or copies of files to the County or its designee and also as-required by the Rules Regulating the Florida Bar. 5.1 ARTICLE 5 RECORD.. AUDIT AND INSPECTION County shall have the right to audit the books and records of Carlton, Fields pertinent to . the funding under this Agreement. Carlton, Fields shall preserve and make available, at reasonable times for examination and audit by County, all financi~ Page 6 of 18 NO. MAR' 9 200 . 5.2 documents, and other documents pertinent to this Agreement for a period of three (3) years after termination of this Agreement or, if any audit has been initiated and audit findings have not been resolved at the end of the three years, the books and records shall be retained until resolution of the audit findings. If the Florida Public Records Act (Chapter 119, Fla. Stat.) is determined by County to be applicable to Carlton, Fields's records, Carlton, Fields shall comply with all requirements thereof, however, no confidentiality or non-disclosure requirement of either federal or state law shall be violated by Carlton, Fields. 6.1 6.2 6.3 ARTICLE 6 CONFLICT OF INTEREST Carlton, Fields states that it is familiar with and will comply with the terms and conditions of Chapter 112, Part llI, Florida Statutes (Code of Ethics). It is important that Carlton, Fields be independent and impartial in order to properly conduct its services to the County. Carlton, Fields shall not act as counsel in any lawsuit or other adversary proceeding in which County is named as an adversary party or in which Carlton, Fields takes an adverse position to the County. Neither Carlton, Fields nor its employees shall have or hold any continuing or frequently recurring employment or contractual relatiOnship that is substantially antagonistic or incompatible with Carlton, Fields' loyal and conscientious exercise of judgment related to its performance under this Agreement. · Page 7 of 18 MAR' 9 200 Pc. q 6.4 6.5 In the event Carlton, Fields is permitted to utilize subcontractors, herein, to perform any services required by this Agreement, Carlton, Fields agrees to prohibit such subcontractors, by written contract, from having any conflicts as within the meaning of this section. If at any time Carlton, Fields' firm represents a client in matters having to do with the Collier County government, be it before the Board of County Commissioners or any other agency or division of Collier County government, Carlton, Fields will contact the County Attorney's Office before undertaking such representation so that it can be determined whether a conflict of interest exists. ARTICLE 7 INDEMNIFICATION 7.1 Carlton, Fields acknowledges and agrees that Ten Dollars ($10.00) of the compensation to be paid by County, the adequacy of which is hereby acknowledged by Carlton, Fields, is given as specific consideration to Carlton, Fields so that Carlton, Fields shall at all times hereafter indemnify, hold harmless and, at County's option, defend or pay for an attorney selected by County to defend County, its officers, agents, servants, and employees against any and all claims, losses, liabilities, and expenditures of any kind, including attorney fees, court costs, and expenses, caused by negligent act or omission of Carlton, Fields, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this A~eement including, without limitation, any and all claims, demands or causes of action of any nature whatsoever resulting from injuries or AGENDA ri'EM NO. ~G~' (~) MAR' 9 200 . Page 8 of 18 damages sustained by any person or property. The provisions of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by County, any sums due Carlton, Fields under this Agreement may be retained by County until all of County's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved.; and any amount withheld shall not be subject to payment of interest by County. ARTICLE 8 OWNERSHIP OF DOCUMENTS 8.1 Any and all rePorts, photographs, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of County. In the event of termination of this Agreement, any reports, photographs, surveys, and other data and documents prepared by Carlton, Fields, whether finished or unfinished, shall become the property of County and shall be delivered by Carlton, Fields to the County within seven (7) days of termination of this Agreement by either party. Any compensation due to Carlton, Fields shall be withheld until all documents are received as provided herein. ARTICLE 9 INDEPENDENT CONTRACTOR 9.1 Carlton, Fields is an independent contractor under this Agreement. Services provided by Carlton, Fields shall be subj,ect to the supervision of Carlton, Fields, and such services shall not be provided by Carlton, Fields as officers, employees, or agents of the County. MAR' 9 200t Page9ofl8 I ~ Pg. 10.1 10.2 10.3 The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Agreement. ARTICLE 10 NONDISCRIMINATION, EQUAL OPPORTUNITY AND AMERICANS WITH DISABILITIES ACT Carlton, Fields shall not unlawfully discriminate against any person in its operations and activities in its use or expenditure of the funds or any portion of the funds provided by this Agreement and shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded in whole or in part by County, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. Carlton, Fields' decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of face, age, religion, color, gender, sexual orientation national origin, martial status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully or appropriately used as a basis for service delivery. Carlton, Fields shall comply with Title I of the Americans with Disabilities Act regarding nondiscrimination on the basis of disability in employment and further shall not discriminate against any employee or applicant for employment because of race, age, religion, color, gender, sexual orientation, national origin, marital status, political affiliation, or physical or mental disability. In addition, Carlton, Fields shall take AGENDA ITEM NO. ~ 9 200 , Page 10 of 18 10.4 10.5 affirmative steps to ensure nondiscrimination in employment against disabled persons. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay, other forms of compensation, terms and conditions of employment, training (including apprenticeship), and accessibility. Carlton, Fields shall take affirmative action to ensure that applicants are employed and employees are treated without regard to race, age, religion, color, gender, sexual orientation, national origin, marital status, political affiliation, or physical or mental disability during employment. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay, other forms of compensation, terms and conditions of employment, training (including apprenticeship), and accessibility. Carlton, Fields shall not engage in or commit any discriminatory practice in performing the Scope of Services or any part of Scope of Services of this Agreement. ARTICLE 11 NOTICES 11.I Whenever either party desires to give notice to the other, such notice must be in writing, sent by registered or certified United States Mail, postage prepaid, return receipt requested, or by hand-delivery, addressed to the party for whom it is intended at the place last specified. The place fo[ giving notice shall remain the same as set forth herein until Pagellofl8 NO. ~ MAR' 9 200t 8.1 8.1 changed in writing in the manner provided in this section. For the present, the parties designate the following: FOR COLLIER COUNTY: David C. Weigel, County Attorney Government Center 3301 Tamiami Trail East Naples, Florida 34112 FOR CARLTON, FIELDS: Michael F. Nuechterlein Carlton, Fields, V,~d, En-~anucl, Smith & C~ri~r, P.A. ~502 Reeky Pc, i,~-tOrive ~. 0- i~0'A 5 a 3 ~] Suite i060 376, 0 t - 3.~ 3 7 Tampa, Florida 33067 ARTICLE 12 MISCELLANEOUS WAIVER OF BREACH AND MATERIALITY Failure by County to enforce any provision of this Agreement shall not be deemed a waiver of the provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. COMPLIANCE WITH LAWS Carlton, Fields shall comply with all federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations related to this Agreement. Page 12 of 18 AGEJ'IDA ITF_M NO. ~ h4AR' 9 200q 12.3 SEVERANCE In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless County and _Carlton, Fields elect to terminate this Agreement. The election to te_rminate this Agreement based upon this provisiOn shall be made within seven (7) days after the 12.4 12.5 finding by the court becomes final. APPLICABLE LAW AND VENUE This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Venue for litigation concerning this Agreement shall be in Collier County, Florida. PRIOR AGREEMENTS This document supercedes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that them are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document in accordance with Article 3 above. Page 13 of 18 A G F.J~I..DA,,I.T,i~.I~ NO. ~ MAR' 9 200 pg. I~ 12.6 INCORPORATION BY REFERENCE The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the parties. The attached Exhibits A, B, and C are incorporated into and made a part of this Agreement. DATE: ATTEST: DWIGHT E. BROCK, CLERK DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS OF COIJ JER COUNTY, FLORIDA By:. DONNA FIALA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney DATE: CARLTON, FIELDS, .%IA}3~, F/MMANUEL, STH & C~ By: ~ ~ ~ ~ STATE OF FLORIDA COUNTY OF~/~/Z/..5 ~o£ O0 ~ ~ The foregoing Retention Agreement was acknowledged before me this of :~ZO~'e--y ,2004, by /~IC,O,'O~'L. ~". as ]~ .J/4F}~E:/-~6t:lil~Carlton, Fields, Ward, Page 14 of 18 AGENDA ITEM NO. AR' 9 200 , Pg. Emmanuel, Smith & Cutler, P.A., a Florida Professional Association, on behalf of the professional association. He~ is personally known to me.o~ _ ~ as identification. Signature of Notary Public f~ --~r°ial' il_ _ _ ~'la~:='2'u,~m'--~'¢(:~7'ta° _ Name of Notary Public typed, printed or My Commission Expires: EXHIBIT A For professional services rendered, Carlton, Fields' fee shall be based on the hourly rate as follows: Michael F. Nuechterlein (construction law) Martha Chumbler Nancy G. Linnan Dom Hemke Paul J. Ullom Richard B. Campbell $275.00 per hour $250.00 per hour $265.00 per hour $250.00 per hour $250.00 per hour $250.00 per hour $240.00 per hour for services provided by all other principals; $200.00 per hour for services provided by associates; $125.00 per hour for services provided by law clerks & paralegals. Page 15 of 18 AO..~:J~II~A. [T.E~I NC). -.J..(eJ~,~.L,~ MAR' 9 200 . 1"7 Carlton Fields shall provide, at the rates provided for in this Agreement or any amendment thereto, the annual response to County's auditors regarding pending or threatened litigation. The auditors typically request information regarding all litigation, claims and assessments considered to be material. The response should include the nature of the litigation, the progress of the case to date, an estimate of the amount or range of potential loss, and any other information Considered necessary to explain the case. Carlton Fields shall provide saffi response within 30 days of receipt of the request. NOTES: Divisions, or departments within such divisions, shall be responsible and pay for legal counsel services relating to litigation and outside counsel specifically for cases, matters or issues relating to such division or department, as determined by the County Attorney in coordination with the County Manager. EXHIBIT B In addition to the charges for professional fees set forth in Exhibit A, and the Schedules attached hereto, County shall reimburse Carlton, Fields for out-of-pocket expenses reasonably incurred in the course of rendering such legal services, including costs of long distance calls, printing, costs of reproduction, and necessary travel expenses incurred in accordance with the requirements of Chapter 112, F.S. Carlton, Fields shall not charge for travel of attorneys between its offices so that it can provide the best available and most appropriate lawyer in any of its office locations for the issues involved. Carlton, Fields shall submit invoices on a monthly basis for the payment of out-of- pocket expenses. Each invoice shall include a signed certificate listing all costs, expenses, vouchers, invoices and other documentary evidence that will describe in reasonable detail the basis for expenditures for which reimbursement is sought as set forth below. 3. REQUIREMENTS The following represents Collier County's payment requirements for legal costs Your federal employee identification number must be on all invoices submitted. The applicable Purchase Order number must be on all invoice~, Page 16 of 18 t4AR' 9 200 Pg.. No service, interest, or other charge of like nature is to be imposed with regard to any item, invoice, or request. All firms doing business with Collier County must have a current W-9 "Request for Taxpayer Identification Number and Certification" on file. Services rendered must be specifically and concisely identified, as well as the bond issue or financing transaction for which the services were rendered. Names of persons performing services, hourly rates, and dates must be listed. The County agrees to reimburse Carlton, Fields for retention and utilization of sub-consultants. Reimbursable expense must be verified by attached receipts or copies thereof. Claims for mileage and meals cannot exceed statutory allowance as provided for under Chapter 112, F.S. (mileage $0.29 per mile; breakfast $3.00; lunch $6.00; dinner $12.00). Meals and mileage cannot be charged unless the professional has traveled outside the county of the principal business location. Claims for Iodging at single rate (actual cost) must be substantiated by paid bill or charge. Car rentals required for travel should include compact or standard-size vehicles only. Common carrier travel shall be reimbursable at tourist or coach class fares only. Accounting Division requires original receipts, or copies of receipts which have been individually certified to be true copies of the originals. In addition the Certificate contained in Exhibit D must accompany each invoice. The certifying person must sign the Certification form and a description provided of the items, which are certified. Faxes shall be reimbursed at cost with supporting invoices. Legal Research costs (Lexis-Nexis, Westlaw, etc.) shall be reimbursed at cost with supporting invoices. Page 17 of 18 IT IS HEREBY CERTIFIED that: 1. EXHIBIT C CERTIFICATE has been duly designated as special counsel to render legal services or provider of services for or on behalf of Collier County; Each of the documents hereinafter identified and attached is a true and correct copy of the original record; Expenditure(s) enumerated represent costs necessarily incurred during the course of official business for which payment has not been received and for which documentation is not available or reasonably retrievable; Claims are in compliance with the applicable statutes and administrative orders, and with the express provision that all other parties are barred from entitlement to any part of these costs. RE: Invoice No. , Dated Period Covered: , Amount IN-HOUSE CHARGES: Photocopies: Mileage: OTHER (Copies of invoices required): Long Distance Calls Other: TOTAL: copies @ $0.15/each $ miles @ 0.29/mile $ FOR THE FIRM Signed: Print Name: Title: Dat6: Page 18ofl8 IAaF~. A.|~EM~ NO. ~ MAR' 9 200 1 Pg. ,,.--~, ~ Sh~! I of 2 AVPLAT2003-AR4687 EXECUTIVE SUMMARY PETITION AVPLAT2003-AR4687 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF THE 10 FOOT WIDE DRAINAGE EASEMENT LOCATED ALONG THE REAR OF LOT 171, ACCORDING. TO THE PLAT OF "PHASE TWO QUEENS PARK AT LAGO VERDE" AS RECORDED IN PLAT BOOK 14, PAGES 94 THROUGH 95, PUBLIC RECORDS OF COLLIER COUNTY, FLOI~DA. LOCATED IN SECTION 18, TOWNSH~ 50 SOUTH, RANGE 26 EAST. OBJECTIVE: To adopt a Resolution to vacate a portion of the 10 foot wide Drainage Easement located along the rear of Lot 171, according to the plat of "Phase Two Queens Park at Lago Verde." CONSIDERATIONS: Petition AVPLAT2003-AR4687 has been received by the Engineering Services Department from Rudolf and Birgit Elfinger requesting the vacation of a portion of the 10 foot wide Drainage Easement located along the rear of Lot 171. A portion of the Drainage Easement is being requested to be vacated because the Petitioners have constructed a pool in this portion of the Drainage Easement. The pool setback in the rear of the lot is along the easement line. However, if a portion of the easement is vacated, the new setback will be along the new easement line as long as it is at least 5 feet from the rear property line. Therefore, a variance is not needed. There will be a distance of approximately 27 feet between the pool and the edge of the water in the lake at the rear of the lot. The 10 foot wide easement is ac~ally a Utility Easement and a Drainage Easement. However, only the Drainage Easement was 'dedicated to Collier County. · ' Letters of No Objection have been received fi.om the following Collier County Departments: Public Utilities, Engineering Services, Transportation and Sheriff. Letters of no objection have also been received from Queens Park Community Services Association, Inc., FPL, Sprint, Comcast, and Time Warner Cable. Zoning is P.U.D. A copy of this Executive Summary and the date of the County Commission Board Meeting were sent to Ed Kant in Transportation and to Jacquelyn Johnson in Public Utilities on February 3, 2004. I AR 0 9 200 Sheet 2 of 2 AVPLAT2003-AR4687 FISCAL IMPACT: Engineering Services has collected a $1,000 "Petition to Vacate" fee from the petitioner which covers the County's cost of advertising, recording and processing the Petition. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. ENGINEERING SERVICES STAFF RECOMMENDATION: Recommendation that the Board of County Commissioners: · 1. Adopt the Resolution for Petition AVPLAT2003-AR4687 for the vacation of a portion of the 10 foot wide Drainage EaSement along the rear of Lot 171, "Phase Two Queens Park at Lago Verde"; and 2. Authorize the execution of the Resolution by its Chairman and direct the Clerk to the Board to record a certified copy of the Resolution in the Official Records; and 3. Request the Clerk to the Board to make appropriate marginal notes on the recorded plat. PREPARED BY: Rick Grigg, P.S.M. Engineering Services DATE: ~-~-o4- Thomas E. Kuck, P.E. Engineering Services Director DATE: ~-~"..~' ~' BY: ,~ APPROVED '~dministrator flmmunity Development & Environmental Services DATE: ca///~'a'/r RESOLUTION NO. 2004-. A RESOLUTION OF THE COl.l.mR COUNTY BOARD OF COUNTY COMMISSIONERS FOR PETITION AVPLAT2003-AR4687 TO DISCLAIM, RENOUNC"E A_ND VACATE TIqE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF THE 10 FOOT WIDE DRAINAGE EASEMENT LOCATED ALONG THE REAR OF LOT 171, ACCORDING TO THE PLAT OF "PHASE TWO QUEENS PARK AT LAGO VERDE" AS RECORDED IN PLAT BOOK 14, PAGES 94 THROUGH 95, PUBLIC RECORDS OF COH.mR COUNTY, FLORIDA. LOCATED IN SECTION 18, TOWNSHIP 50 SOUTH, RANGE 26 EAST. WHEREAS, pursuant to Section 177.101, Florida Statutes, Rudolf and Birgit Elfinger do' hereby request the vacation of a portion of the 10 foot wide Drainage Easement located along the rear of Lot 171, according to the plat of "Phase Two Queens Park at Lago Verde" as recorded in Plat Book 14, Pages 94 through 95, Public Records of Collier County, Florida; and WHEREAS, the Board has this day held a public hearing to consider vacating a portion of the 10 foot wide Drainage Easement located along the rear of Lot 17 I, according to the plat of "Phase Two Queens Park at Lago Verde," as more fully described below, and notice of said public hearing to vacate was given as required by law; and WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's easement interests over and across thc following portion of thc 10 foot wide Drainage Easement are hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in thc Public's interest and for the Public's benefit: See Exhibit "A" attached hereto and incorporated herein. Page I of 2 BE 1T FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County, Florida, and to make proper notation of this vacation on the recorded plat as referenced above. This Resolution is adopted this after motion, second and majority vote favoring same. day of ,2004, DATED: ATFEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk D o n n a F i a 1 a , Chairman Approved as to form and legal sufficiency: Jennifdr ~.. Beip~dio~Esq., Assistant County Attorney Page 2 of 2 SKETCH AND DESCRIPTION EXHIBIT "A" ' SHEET I OF 1 AVPLAT2003-AR4687 POINT OF' COMMENCEMENT % / c _ KENT DRIVE r.. 60' R/W £A~EMENT VACATION POINT OF BEGINNING Dnte Received: PETITION FORM FOR VACATION OF PLAT~ OR OF PLATS OF SUBDIVIDED LAND Petil~m #: Pri~ N'mme " Please .~ "PMiey and Proee~re for ~lm V~m and ~nmudmmem~ of Plms or Poet~-- ~f Plms ~ SelMivided Land' for the IM of supportive ~ which mst aeeompany fids ~ and delb~ or (1) If appllesmst la a land treat, iml~ta~ tb~ name efbene~nrles. (2) lgsqqdlmmt Is a ~ oder tbssn a lmblle ~ indlem ~ amine et ~fBesrs ..a i)1~14 (dr'4 AOENDA ~ MAR092 . ! Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt fTrans Number Date IP°st Date I Payment Slip Nbr 428230 9t3/2003 10:19:28 AM 9/3/2003 I AR 4687 Appl Name: RUDOLF ELHINGER Appl Stage/Status: REVIEW STAGE NO. l/PENDING Address: 3643 KENT DR. NAPLES FL 34112 Proj Name: ELFINGER, RUDOLF Type: RSF TAZ: 145 Subdiv Nbr: 1495 Project Nbr: 2003090005 Payor- ELFINGER Fee Information IFee C~ode Description 12TRVC REV ACCT/VAC EASEMENT-ROW IGL Account 1131383203291000(X)00 Total Amount WaNed $1ooo.oo IPayment Code CHECK Payments $1ooo.ool Memo: IAccountJCheck Number 562 Total Cash I $0.00 I Total Non-Cash I $1000.00 ~ Total Paid [ $1000.001 Cashier/location: MCCAULEYKATY / 1 User: SMITH_G Collier County Board of County Commissioners CD-Plbs for Windows 95/NT SUNBELT TITLE AGENCY 850 6*k Avenue South Naples, FL 34102 1477/JB Consideration: $186,000.00 Recording $10.50 Document~, St~np~: $ 1,302.00 WARRANTY DEED Joseph R. Biasella and Karen L. Binsella, Husband and Wife, hereinafter called tho grantor, whose post office address is: 8804 Mapl~ Glen Circle, Fort Myers, FL 33912 Rudolf Max Rai~ Elfinger, and ~ Elfinger, Husband and Wife, hereinafter ~lled the grantee, whose post office address is: 3643 Kent Drive, Naples, FL 34112 (Wherever used herein the term "grantor,' and "grantee,, include all the parties to this insu'ument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations.) WITNESSETH: That the grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, assigns, remises, releases, conveys and confirms unto the grantee, all that cemin land situate in Collier County, Florida, viz: (Folio No: 69002502408) Lot 171 of QUEENS PARK AT LAGO VERDE, PHASE TWO, according to the Plat thereof as recorded in Plat Book 14, Pages 94 and 95, of the Public Records of Collier County, Florida. TOGETHER with all the tenements, hereditaments and appurtenan~s thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and law-~l authority to sell and convey said land; that the ~antor hereby fully warrants the title to said land and will defend thc same against the lawful claims of all persons whomsoevex;, and that said land is flee of all encumbrances, except taxes accruing subsequent to December 31, 2002, and easements, res~rictiom and reservations ofractmd, and easements and restrictions conunon to the subdivision. Dccd Con't IN WITNESS WHEREOF, the said ~ramor has signed and sealed these presents the day and year, first above iNED, sealed and delivered in ot~ presence: ~rNESS &O. ] Lodn£nam(_yeiow), - 5ntcd nax~e) .... ~j' ~ L. Biasell~ WITNESS NO. 2 (print name below) (primed name) STATE OF ~---'~ ~ , _" COUNTY OF · re om ~' Joseph R_ Biase!la and ~ L ~iasella, ~4',.c :: ~':.--..~;-~--2y ~-~,-L~",T, ;.,, mc' or wino has p~oduccd ~ t~'~v~ !~ !~ ~.~ as identification. My Commission Expires Pub~ (Print nam (SEAL) ~...,,fprimed name) (deed) JE$SiCA BERGERON RETURN TO PREPARER: ~m Th/s mslrument prepared by Jessica Bergeron, IONOF. O1~RU A~ SUNBELT '1' fILE AGENCY 850 6~ Avenue South, Naples, FL 34102, in conjunction with the issuance of title insurance. LAKE __ _ (~_,~ _ ...._ N 5la' L~. N88~51'25"E 64.98' C. N88'47'36'E 65.00' P. 102.86' 102.96' S88'47'36"W 8.R. 5/a' LR. 171 21.3' S88'47'36"W 65.00' P. S88"42'21'"W 64.96; M. 60' (lUPrOn) KEN T DRIVE FO. 42.30' P. 5la' LR. $88"47'36"W 42.24' C. 7o .~ S88'52'51"W 210.16' P. 210.11' M. SITE PLAN AVPLAT2003-AR4687 MA R09200~ ~ GROTONCOURT ! AG~DA rr~ MAR 0 9 200~ ~9 §9 'tO'§9 '99 ,% OZ' 't~t 99'9~t III ~ QA"18 IIVN~VH !75.C!5 A~_~I:)A ITEM ~-- I I / ~ ~ M~R 0 9 200~, Lot 32, 3644 Kent Drive Jerabeck, Jason & Christina 3644 Kent Drive Naples, FL 34112~ Lot 33, 3646 Kent Drive Prezioso, William & Charlotte 3646 Kent Drive Naples, FL 34112 Lot 34, 3648 Kent Drive Wasch, Dietmar & Silvia 3648 Kent Drive Naples, FL 34112 Lot 35, 3650 Kent Drive Monnot, Mary Jane 3650 Kent Drive Naples, FL 34112 Lot 36, 3652 Kent Drive Ison, Michael 3652 Kent Drive Naples, FL 34112 Lot 37, 3654 Kent Drive Reinhardt, Jonathan & Michelle 3654 Kent Drive Naples, FL 34112 Lot 38, 3656 Kent Drive Narozny, Stanley & Marian 673 Dorando Ct. Marco Island, FL 34145-1911 Lot 39, 3658 Kent Drive Konrardy, Daryi & Schwieder, Tara 3658 Kent Drive Naples, FL 34112 Lot 40, 3660 Kent Drive Dock, Michael & Jama 3660 Kent Drive Naples, FL 34112 AGENI:)A ITEM MAR 0 9 Lot 172, 3645 Kent Drive Danielson, Jack & Henrietta 410 Ellis Ave Hermitage, PA 16148-2630 Lot 173, 3647 Kent Drive Bowling, Ronaid & Davada 3647 Kent Drive Naples, FL 34112 Lot 174, 3649 Kent Drive Latora, Michael & Patrice 3649 Kent Drive Naples, FL 34112 Lot 175, 3651 Kent Drive Fickling, Mabel 206 E Court St. ,/Cambridge, IL 61238-1305 Lot 176, 3653 Kent Drive Tamayo, Pedro & Christine 3653 Kent Drive, Naples, FL 34112 Lot 170, 3641 ~Kent Drive Mallman, Florence 3641 Kent Drive Naples, FL 34112 Lot 169, 3639 Kent Drive Payton, David & Nancy 3639 Kent Drive Naples, FL 34112 Lot 168, 3637 Kent Drive Metzger, Ronald & Shirley 18570 Pier End Drive Noblesville, IN 46060 Lot 167, 3635 Kent Drive Arch, Leslie 3635 Kent Drive Naples, FL 34112 Lot 166, 3633 Kent Drive Days, Joseph & Cynthia PO Box 157 North Truro, MA 02652-0157 Lot 165, 3631 Kent Drive Days, Joseph & Cynthia M.AR 0 9 200 Lot 158, 5220 Tudor Ct. Daniel, Carol Lois Trust 2455 Pinewoods Cir, Naples, FL 34105-2537 Lot 159, 5230 Tudor Ct. Donahue, Mary L 5230 Tudor Ct. Naples, FL 34112 Lot 160, 5240 Tudor Ct. Richardson, JR Ronald Lee & Cardoso, Particia 5240 Tudor Ct. Naples, FL 34112 Lot 161, 5250 Tudor Ct. Messimer, Bonnie 5250 Tudor Ct. Naples, FL 34112 Lot 162, 5260 Tudor Court Deppe, Jack & Elaine Turner 14 Udopue Ct. Brevard, NC 28712-9269' Lot 163, 5270 Tudor Court Chiu, Leon & Lisa 5270 Tudor Ct. Naples, FL 34112 A~A ITEM AR092006 I CZ) · ~ '~- z ZOL.~ P~tI~ItlIIIIIIIIIIIIilIIIIIIIIIilIIIIIIlllIlll ~,ltllltllllltlllJtttlJlJllJlJl'ttttlllliJll .!~1!1111111111111111111111111!!!!!!!!!!!! I~~lJJllllllllllllllllllllllllllllllll~;~ ~1111t1111tt!1111111111t111111111111tlltll I~AR 0'9 GENERAL #01ES 1. ALL DiI,~#SION$ ARE I'N FEET AND D£~!P~S 1P~EREOF. 2. ~L ~VES ~E CIRCL~ C~ES ~D ~L DT~NS~S OK C~VE~ AS ~ ~E~NT F~ T~ TNSTALLAT[~ ~.HATKTEN~[ ~ P~ UTILITIES SUCH ~ ELECTRIC. TELEP~E ~D C~LE ~RE ~ TW ~E .LO1 IG INTEN~D ~ A ~UILDIHG S}~[. ~. 'U.E. INDICATES UTILTTT E~NT. .: . II. ~L S~ LO1 LTKS ~E R~t~ ~L) TO T~ I~."I~ C~T~]~E ~ PAVE~NT R~GES-~N'ELEVAT[~ FR0n A L~.~ T~ AYERA~ LOT ELEVRTI~ IS ~XI~T~'Y 7.OO ~]CH IS NAT~ ~. 'DEDICATION STATE OF JrLGglDA : .' .. ' COUNTY 0tr COLLIER · Ir, JIO~'ALL FIF. N BT Sl4~$~ PRESENTS. THAT T'H[ UIMDF-.RS*'G#E~ DIdI~.RS CJf T-14F. LANDS DESCRIB~J) HEREON HAVE CAUSED THIS PLAT EIITtTLF. D .... · ,FI~A.~. TUO 04,,l~.N$ PARK AT LAG0 VERDE' TO BE HADE APD'DO-'HEJ~:~Y · * · ~.J)iOAIE TI4E STREETS AND RIgI~T$-0f~¥,kY AS SHO*~* AND NOTF./~ · I~II~TUAL.U~ OF 1'1~, PUBLIC FOIl TI'l[ PURPOSES ~d, lOIA11 'THE EASEYlEIIT$, ~ S)4(lq~g ~ #OTED IN G£NER/LL NOTES. TO THE E~iTlTt[£ DESCR1KD ~IN. 'ALL tH AC4~,ORDMICE. gt!H ~ SUBJECT 1'0,'THE 0~:l~ ... ' ,[RAL 'NOTES (~'~NTAINED HF. REt#p ALL WATER AJIC SEUER UTILtTZES ,: STRUCTF. D' kill#tie ~'HTS *Pt. AT,"F.D AREA SP~L .BE D[£DED TO COLLIEP C4:~,asT.~... UPON. ~t',,,(~r,,PTAN .C~[' OF 1If. IIg'ROY~NTS REGUIRED gl THE PLAT.* ~C ' '..- · '~"~k N~ VlTN ~ ~SIBILITT · SIBILITT '~ ~E~S .P~ '~I.TY ~IATI~..TIC-' '"' 'SI~ 1HZS~ DAY ~~'~ . , t~7. A,D ...... -. .... '; . .. "PHAS~ TWO QUEENS P~ AT LAGO PLAT BOOK ]4, PAGE 94 COPY OF A PORT~ON OF ~HEET ] OF 2 T ~AR09200~, j COLLIER COUNTY GOVERNMENT Comml, nitlJ Development and Environmental Service~ Division Plfinning Services Department- 2800 North Horseshoe Drive · Naples,' Florida 34104 Department of Zoning and Land Development Review November 26, 2003 Mr. And Mrs. Rudolf Elfinger 3643 Kent Drive Naples, FL 34112 Re: Queens Park at Lago Verde, Phase II, Lot 171, 3643 Kent Drive Dear Mr. & Mrs. Elfinger: The following is in response to your request regarding the rear yard setback for a pool and screen enclosure located on the subject lot. It is my understanding that a pool was constructed on the subject site that encroaches into the 10-foot easement to the rear of the subject' lot. You have contact Rick Grigg in the Engineering Department to vacate a portion of this easement and he has required verification from this department that the pool does not encroach into the rear yard setback. Section 2.05.E of the Lago Verde Planned Unit Development (PUD) provides language that allows group housing developments to reduce the PUD development regulations subject to approval of a site plan. In 1989 a site plan was approved for group housing indicating the following rear yard setbacks for pools and screen enclosures: 5-foot rear setback (this applies to lots in which no easements exist to the rear ofthe lot) and O-foot rear yard setback to an easement that exists to the rear of the lot. Consequently, should a portion of the rear easement be vacated, the pool/screen can be constructed up to that easement provided it is no closer to the rear lot line than 5 feet. Should you require additional information please do not hesitate to call our office at (239) 213-2907. Sincerely, Planner c: Lago Verde a/k/a Queens Park PUD file MAR O 9 200 Fax (239) 643-6968 www.colliergov.net C01J, R COUNTY PUBLIC UTIHTIES DIVISION 3301 E. Tamiami Trail * Naples, Florida 34112 * (239) 732-2575 * FAX (239) 732-2526 August 19, 2003 Rudolf & Birgit Elfinger 3643 Kent Drive Naples, Florida 34112 Re: 3643 Kent Drive Easement Vacation Request Dear Mr. & Mrs. Elfinger: This office has reviewed your request the drainage/lake maintenance easement at the north end of the above referenced property. The Collier County Water-Sewer District has no facilities in the area and we therefore have no objection to the vacation of the easement. Should you .have any further questions, please feel free to contact me at 732-2571. Sincerely, Engineering Technician CC'. Paul MattauSeh, Water Director Joseph Cheatham, Wastewater Director Rick Grigg, Land Surveyor, Community Development g:\engineermg tech\eas~nent-r.~.w, iv 003~3643 kent ~tve.~oc° MAI~ 09 200~ COl LmR COUNTY COMMUNITY DEVELOP~ AND ENVIRO~AL SERVICFS DIVISION Engineering Services Department 2800 N. Horseshoe Dr. · Naples, Florida 34104 · 239-659-5744 · Fax 239-643-6968 www. co.collier.fl.us July 11, 2003 Mr. Rudolf Effmger 3643 Kent Drive Naples, FL. 34112 fax: 992-2349 RE: Queens Park at Lago Verde Phase Two, Lot 171 Dear Mr. Effinger: We have reviewed the proposed pool encroachment of 1.2 feet into the platted drainage easement along the rear of the property. Since there are no drainage facilities within the easement, we have "no objection" to the vacation of that portion of the easement. Please contact Rick-Grigg, County Land Surveyor.(659-5731) and he will explain the vacation process and let you know what other letters of no objection which you may have to obtain. If t can be of any further assistance to you in this regard, please let me know. Sincerely, SeniOr Engineer C C COLLIER COUNTY GOVERNMENT TRANSPORTATION SERVICES DIVISION TRANSPORTATION OPERATIONS DEPARTMENT August 6, 2003 Rudolf and Birgit Elfinger 3643 Kent DriVe Naples, FL 34112 Re: Request for Vacation of Drainage Easement Lot 171 Queens Park at Lago Verde 2705 S. HORSESHOE DR'IVE NAPLES, FL 34104 (941) 774-8494 FAX (941) 659-5787 transport ation@colliergov, net. Dear Mr. And Mrs. Elfinger: The Transportation Services Division has reviewed the subject request and we take no exception nor do we offer any objection to the vacation of the subject easements. please advise if you need anything further on this issue at this time. Very truly yours, Transportation Op~ CC: Director July Minor, P.E., Stormwater Project Manager File: Vacations (Drainage Easements) AGENDA ITEM /~ I I AR 0 9 200 Rudolf& Birgit Elfmger 3643 Kern Drive Naples, FL 34112 Phone 239-992-3355 X 229 Mo-Fr 9am- 5pm Sherff~ Colli~ County Attn. Don Hunter 3301 E T~i T.~ Bldg. ]qaptes, p~...:gi{] 12 ~_? ~..7 RECEIVED CCSO/LEGAL 7,17" o/3 Letter of No Objection I~ar Sir: ~losed-please find a coPY from the survey of our lot and another one that - :-' includes the pool area. In addition please find a photo from our property. In OctOber 2002 we started to build our pool construction with Challenger Pools which abandoned-their work after guniting a pool shell and closed down their busines.~ Now we have found another builder who is willing to finish our pool but it has turned out :.~.Cl~lk~J~ilt..thcpool she..ll ~ .the. _ easement,-b..y._o.~.. ~_:.~ fi'om you. .. We ~re looking forw~'d to hearing ~om you. If you have a~y question or some more information, pleas~ call B~rgit 239-992-3355 Ext. 229. Yours sincerely, Rudolf & Birgit Elfinger Collier County Sheriff's Office has no objection. M. W. Schryver, Counsel date A C -: -: -: -: -: -: -: -: -: ~ A I'IT~ MAR 0 9' 200 QUEENS PARK COMMUNITY SER VICES ASSOCL4 TION, INC. August 12, 2003 Mr. and Mrs. Rudolf Elfmger 3643 Kent Drive Naples, FL 34112 Re: LetterofNo Objection Dear Mr. and Mrs. Elfmger: This is in response to your request that the Queens Park Community Services Association grant' you a Letter of No Objection to vacate a portion of the easement behind your home in order that you may comPlete the construction of a swimming pool. The Architectural Review Board and the Board of Directors have reviewed your request and concur that this letter should be issued. Accordingly, you are hereby granted a Letter of No Objection to vacate a portion (one foot) of the easement behind 3643 Kent Drive. For the Board of Directors, Respectfully, Association Manager Board of Directors Architecttmal Review Board GREEIVFVOOD MANAGEMENT SER VICZS, INC. $$33 Greenwood Cixrde, Napte~ I~L 34112 I~AR 0 9' 200~. [ TeL' (2~9) $J0-4141 / Fa~: (2~9) $30-4142 August 28, 2003 Florida Power & Light Compeny, 4105 15th Avenue S. W.. N,ples, FI. 34116 Birgit Elfinger 3643 Kent Dr. Naples, Fi. 34112 RE: No Objection Dear Mrs. E1 finger, In reply uo your recent request, FPL has no objection to the use of the Southerly 1-fOot of the 10-foot drainage easement/utility easement in the rear of lot 171, Queens Park at Lago Verde Phase Two, according to the Plat thereof, as recorded in Plat Book 14, Pages 94-95, of =he Public Records of Collier County Florida. If you have any questions regarding this matter, please contact at (941) 353.. 6065. Customer Project Manager MAR 0 9 200 . Sprint PQ Box 2469 Naples, FL 34106-2469 July 16, 2003 Rudolf & Birgit Elfinger. 3643 Kent Drive Naples, Florida 34112 RE: No Objection - Pool Encroachment 3643 Kent Drive Dear Mr. and Mrs. Elfinger: Sprint-Florida, Inc. has no objection to your pool construction encroaching I foot into the utility easement. If i can be of any further assistance, please contact me at 239-263-6293. Sincerely, '~-Luis Negron Network Engineer I - E&C LCN:ns cc: Easement File Chron File Ae, EN~A ~TEM 1',4AR 0 9' 200~. ~ 301 Tower Road Naples, FL 34113 Collier: 239-732-3870 Lee: 239-432-1870 FAX: 239-334-8575 ( omcast August 5, 2003 Rudolf & Birgit Elfinger 3643 Kent Dr. Naples, FL 34112 / Re: Easement Vacation of rear easement on Lot 171 of Kent Dr. in Queens Park Lago Verde Subdivision, Collier County, Florida Dear Mr. and Mrs. Elfinger: Comcast ha~ 'reviewed the planS of the above referenced property. Comcast has no' conflict with the rear easement vacation of Lot 171 of Kent Dr. in Queens Park Lago Verde Subdivision, Collier County, Florida. If I can be of any additional assistance regarding this project, please do not hesitate to call me. Sincerely, Barb Bradford / 239-732-3816 Project Coordinator Comcast Cablevision MAR 0 9' 200~, ,TIME WA:RNER July 16, 2003 Rudolph & Birgit Elfinger 3643 Kent Drive Naples, FL 34112 RE: Construction of Pool at 3643 Kent Drive Letter of No Obiection Dear Mr. Elfmger: Time Warner Cable (TWC), with franchise authority in Collier County, and Florida Cablevision Management Corporation, its operating entity, has reviewed the plans for the pool at 3643 Kent Drive. This letter will serve as Time Warner Cable's letter of no objection pertaining to the surrounding utilities. Should you have any questions or require any additional information, please do not hesitate to contact me. Sincerely, For Time Warner Cable MS/dm Commercial Development Dept. TWC Joe Crone, Technical Operations Director 1610- 40th Terrace, Naples, Florida 34116 Tel (941) 598-1104 Fax (941) 455-2187 1418 SE Tenth Street, Cape Coral, Florida 33990 Tel (941) 574-2G20 Fax (941) 574-2813 A Division Of Time Warner Entertainment, L.P. MAR 0 9 pc,,, CCPA GIS - HTML http ://gi s. col Ii erapprai ser. c om/s ervlet/com .esri. esrimap. Esrimap?'. MAR 0 9 EXECUTIVE SUMMARY PETITION: PUDZ-03-AR-4528, ROBERT DUANE OF HOLE MONTES, INC., REPRESENTING KEVIN RATTERREE OF GLH DEVELOPMENT, L.L.L.P., REQUESTING A REZONE FROM "PUD" TO A "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS THE TERAFINA PUD. THE PURPOSE IS TO ELIMINATE THE GOLF COURSE TRACTS, RECONFIGURE THE LAND USE TRACTS, UPDATING THE TRANSPORTATION COMMITMENTS, REVISE THE DEVELOPMENT STANDARDs AND TO PROVIDE FOR WELL FIELDS AND ADDITIONAL LANDSCAPING FOR PROPERTY LOCATED APPROXIMATELY ONE MILE NORTH OF IMMOKALEE ROAD (C.R. 846) AND ON THE NORTH SIDE OF THE OLDE CYPRESS PUD IN SECTION 16, TOWNSHIP 48S, RANGE 26E AND CONSISTING OF 637 ACRES. This petition seeks to rezone the subject site from PUD to PUD for the purpose of amending the Terafma PUD as noted above and to make certain that the project is consistent with all the applicable codes and regulations thereby ensuring that the community's interests are maintained. CONSIDERATIONS: ~ The BOard of County Commissioners adopted the currently approved Tcrafina PUD on November 9_7, 2001 (Ordinance Number 01-75). Due to changing market conditions, the current property owner wishes to eliminate~the=golf course and golf related facilities, reconfigure the land use tracts, update the transportation commitments, revise the development standards and to provide for well fields and additional landscaping. The preserve areas are fundamentally the same as approved with a slight increase in size by 2-acres while the flow way along the eastern edge of the project remains intact. In addition, the property owtter has entered into a Developers Contribution Agreement with Collier County for the extension of Logan Boulevard from Vanderbilt Beach Road to Immokalee Road in exchange for vesting the project and impact fee credits. FISCAL IMPACT: Since this petition is initiated as an amendment to the development standards, it will not change the previously determinedfi~eal 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 furore fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. I Aara~A ~xl~/7 I /'7/9 ~AR 0 9' 200~ PUDZ-03-AR-4528, Terafina PUD GROWTH MANAGEMENT IMPACT: The subject property is designated Urban (Urban Mixed - Use District, Urban Residential Sub-district) on the Future Land Use Map (FLUM) and in the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). This Sub-district permits a variety of residential unit types at a base density of 4 dwelling units per acre, and limited to a maximum of 16 dwelling units per acre, except as allowed under the Density Rating System for Affordable Housing projects and the use of TDRs (Transfer of Development Rights); and, recreation and open space uses. The site is eligible for a maximum density of 4 dwelling units per acre as it does not qualify for any density bonuses, and is not subject to any density reductions. In addition, the PUD Neighborhood Village Center Sub-district within the Urban Mixed - Use District, allows for the commercial component within the project's Recreation Center. Furthermore, all of the special requirements noted in the staff report must be met for mixed-use PUDs, which contain commercial components. Therefore, staff concludes that the proposed commercial uses, residential uses, density, and open space uses, may be deemed consistent with the FLUE. Lastly, the Comprehensive Planning staff does not object to the petitioner's proposed deviation regarding proximity of the neighborhood village center commercial to 80 percent of the residential dwelling units, nor to the deviation on phasing of the development. ENVIRONMENTAL ISSUES: The Environmental staff has approved a waiver from submitting an Environmental Impact Statement (EIS) because the preserve areas are fundamentally the same as approved in 2001 and supported by the Environmental Advisory Council (EAC). ENVIRONMF~NTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: Because no EIS was required, this petition was not required to go to the EAC. COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION (CCPC): The Collier County Planning Commission (CCPC) reviewed this petition during their public hearing on February 19, 2004. The CCPC voted 7 to 0 to forward Petition PUDZ-03-AR-4528 to the Board of County Commissioners (BCC) with a recommendation of approval subject to staff stipulations and the following conditions: 1. Revise Section 4.22.C of the PUD to clarify that the maximum height of the access entry gate or wall/fence is not to exceed 35 feet within the fight-of-way. 2. Revise Section 5.2.A (5) of the PUD to clarify the language concerning comparable uses. 3. The developer shall construct the landscape berm along the southern property line as presented during the CCPC hearing. 4. Revise Section 6.5 (Note #4) to clarify that the setbacks shall be measured from the back of sidewalk to the face of the garage door be 23 feet. 5. Revise Section 8.2 of the PUD to clarify the Developer Commitments for Transportation Requirements and the Logan Boulevard Construction Agreement. 6. Revise the PUD to limit the dwelling types to single family detached and zero lot line along the southern property line abutting the Olde Cypress PUD. AGENDA I'IT~ ~ PUDZ-03-AR-4528, Terafina PUD MAR 0 9' 200~ Pt. ~ It should be noted that the Planning Commissioners voting for approval found this petition to be consistent with the GMP. They also found that the project is compatible with the surrounding development. Staff has also received one letter in support of this petition as submitted. During the meeting, approximately 6 persons spoke to express their concerns. The primary concerns included the buffer between Terafina and Olde Cypress, construction access, the permitting of the flow way and the Logan Boulevard extension. Because none of the speakers objected to the project, this petition has been placed on the summary agenda. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends approval of Petition PUDZ-03-AR-4528 subject to staff stipulations that have been incorporated into the PUD Document as otherwise described by the amending Ordinance included in this Executive Summary. The PUD document has been amended to reflect the recommendations by the Planning Commission as supported by staff. ~ PREPARED BY: DEPAR . ~TM~...~NT OFZONING &~[~D DEVELOP~T REVIEW REVIEWED BY: S DATE . I~EPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW APPROVED BY: J~T~, ?~~IS~TOR C~MUNITY DEV. AND ENVIRONMENTAL SVCS. PUDZ-03-AR-4528, Terafina PUD AGENOA I ' I~AR 0 9 200~ C o er Co ty STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: FEBRUARY 19, 2004 PETITION NO: PUDZ-03-AR-4528, TERAFINA PUD OWNER/AGENT: Agent: Robert Duane Hole Montes, Inc. 950 Encore Way Naples, Florida 34103 Owner: Kevin Ratterree GLH Development, L.L.L.P. 1401 University Drive, Suite 200 Coral Springs, Florida 33071 REQUESTED ACTION: To have the Collier County Planning Commission consider an application to rezone the subject site from "PUD" to "PUD" Planned Unit Development to be known as the Terafina PUD. The purpose is to eliminate the golf course tracts, reconfigure the land use tracts, updating the transportation commitments, revising the development standards and providing for well fields. GEOGRAPHIC LOCATION: The property is located approximately one mile north of Immokalee Road (C,R. 846) and. on.the rm ..r~_,:~:;..~: ~,..:: ~... side of the Olde CypreSs PUD in Sections 16, TownshiP' 48S, .Range 26E: (See lOcatiOn map .... following page). PURPOSE/DESCRIPTION OF PROJECT: The currently approved 637-acre Terafina PUD permits a mix of 850 residential dwelling units and golf course facilities. The petitioner now proposes to eliminate the golf course facility and reconfigure the land use tracts. The preserve areas are fundamentally the same as approved with a slight increase in size by 2-acres while the flow way along the eastern edge of the project remains intact (See attached Master Plan). In addition, the property owner has entered into a Developers Contribution Agreement with Collier County for the extension of Logan Boulevard from Vanderbilt Beach Road to Immokalee Road in exchange for vesting the project and impact fee credits. Other changes include revisions to the development standards in Table I that reflect the new dwelling designs. PUDZ-03-AR-4528, Teraflna PUD MAR 0 9 '200 CURRENTLY APPROVED MASTER PLAk ,(iBC (OrdinaCE Number 01-75) AGE/~)A ITEM MAR 0 9 200~ p~. /7 SURROUNDING LAND USE AND ZONING: Surrounding: North-The Parklands PUD is a golf course community that is approved for 1,603 units and at a density of 2.5 units per acre. East- The Mirasol PUD is a golf course community that is approved for 799 units and at a density of 0.51 units per acre. South -The Olde Cypress PUD that is approved for 1,100 units and at a density of 2.1 units per acre. West- Logan Boulevard right-of way and the Quail Creek Subdivision that is zoned RSF-2 and "GC" Golf Course. GROWTH MANAGEMENT PLAN CONSISTENCY: The subject site is located within the Urban-Mixed Use District, Urban Coastal Fringe Sub-district as designated in the Future Land Use Element (FLUE) of the Growth Management Plan (I ~5~-~ ff.~tsii--)T PUDZ-03-AR-4528, Terafina PUD FLUE and Density: The subject property is designated Urban (Urban Mixed - Use District, Urban Residential Subdistric0 on the Future Land Use Map (FLUM) and in the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). Relevant to this petition, this Subdistrict permits a variety of residential unit types at a base density of 4 dwelling units per acre, and limited to a maximum of 16 dwelling units per acre, except as allowed under the Density Rating System for Affordable Housing projects and the use of TDRs (Transfer of Development Rights); and, recreation and open space uses. The site is eligible for a maximum density of 4 dwelling units per acre as it does not qualify for any density bonuses, and is not subject to any density reductions (Exhibit "C'). The PUD Neighborhood Village Center Subdistrict within the Urban Mixed - Use District, which this petition is relying upon for the commercial component within the Recreation Center. AdditionallY, Section 2.2.20.3.14 of the LDC contains the implementing provisions for this Subdistrict; all of the below stated special requirements must be met for mixed use PUDs which contain commercial components. It is listed below, followed by staff analysis/comments for each criterion. Land area requirement: The gross acreage of the Neighborhood Village Center shall be sized in proportion to the number of housing units authorized in the PUD and shall not exceed 15 acres [701-850 DUs = 4.5 acres for Neighborhood Village Center.] On the PUD Master Plan, the Recreation Center comprises 7.21 acres, which exceeds the maximum 4.5 acres eligible in the LDC Village Center requirements. However, Section 7.4F. of the PUD document stipulates the commercial component of the Recreation Center will not exceed 5,000 square feet, which can easily be accommodated on far less than 4.5 acres. The intent of the FLUE and LDC provisions are to limit the amount of commercial development so as to be in proportion to the residential development. A Village Center is allowed to include recreational uses & other amenities; it is recognized that the majority of the recreation center tract will be developed with recreation, not commercial uses. 2. Maximum floor area ratio: 0.25 for the commercial component. Section 7.4G.2. of the PUD contains this requirement. 0 Permitted uses: 1. Commercial Uses (as set forth in Section 2.2.20.4.7.1.3.1 of the LDC); 2. Non-commercial uses: In addition to the above commercial uses, the neighborhood village center may also contain recreational facilities and other amenities of the PUD, such as a clubhouse, community center or day care center. Section 7.3B. and 7.4G.3. of the PUD document provide for the commercial uses listed in Section 2.2.20.4.7.1.3.1 of the LDC; Section 7.3A. and 7.4G.4. of the PUD allows various recreational uses. Unified plan of development and common ownership: The neighborhood village center shall be a unified, and architecturally integrated, plan of development with common ownership of all the property that comprises the neighborhood village center. Section 7.4G.5. of the PUD document contains this requirement. 5. Location criteria and functional operation: The following locational criteria a~ operating characteristics shall characterize the neighborhood village center: PUDZ-03-AR-4528, Terafina PUD MAR 0 9 2~. a. The neighborhood village center must be internally located within the PUD such that the site has no direct access to roads external to the PUD. The center must be located a minimum of 660 feet from the nearest external roadway providing access to the PUD. The center must be located a minimum of 330 feet from the perimeter boundaries of the PUD. The neighborhood village center has no direct access to external roads, is greater than 660' from the nearest external road providing access to the PUD, and is greater than 300' from the perimeter bonndaries of the PUD. b. The neighborhood village center shall be located within a 1,760 radius (1/3 mile) of at least 80 percent of the total number of approved residential units. The Village Center appears to be as centrally located within the PUD as possible. However, due to the size and shape of the PUD, and the location of preserve areas, the recreation center cannot be located within 1/3 mile of 80 percent of the dwelling units. A possible solution would be to provide more than one village center. However, given the small amount of commercial proposed, staff acknowledges this is not a feasible alternative. Accordingly, staff f'mds the requested deviation to locate the center within 1/3 mile of 40 percent of the dwelling units to be reasonable and offers no objection. c. The neighborhood village center shall be pedestrian-friendly, meaning minimal dependency upon access by automobiles and with location and design to encourage pedestrian access, which shall be reflected in the pedestrian walkway system for the entire PUD. Section 4.18.4 of the PUD document does modify the sidewalk requirement provision along the entry road and main spine road; however, there are no requested waivers from sidewalk requirements in the LDC. Accordingly, sidewalks are required along all roadways thus insuring pedestrian access to the recreation center. Further, the recreation center is centrally located in the PUD. 6. Off street parking and design: In recognition of the pedestrian-friendly design of the Neighborhood Village Center, as required in Section 2.2.20.14.5.c.[should now be 2.2.20.4.7.1.5], the number of required off-street parking' spaces shall only be 50 percent of that required by Section 2.3.16 of the LDC. However, the number of off-street parking spaces 16r°vided shall not exceed 75 percent of that required by Section 2.6.13. In all other respects, off-street parking areas shall be designed in accordance with the provisions of divisions 2.3 and 2.4 of this code. Section 4.13 and 7.4G.7. of the PUD document contains this requirement. 7. Design guidelines: The neighborhood village center shall be subject to, and in compliance with, the design guidelines identified in division 2.8 of this Code except as otherwise excepted or required herein. Section 7.4G.8 of the PUD document contains this provision. Signs: A unified sign plan shall be submitted and made a part of the approval for the neighborhood village center site development plan. The approved unified sign plan will establish signage specifications and will therefore become the sign regulations th, to the neighborhood village center. Signs shall be designed so that their size and pedestrian-oriented. Section 7.4G.9 of the PUD document contains this provisic PUDZ-03-AR-4528, Terafina PUD "':7 Xllitf~t)A rrra4 ,, ,catm are / 7 HAR 0 9 200 pg. Phasing of development: No commercial building construction in the neighborhood village center shall be allowed until buiIding construction has commenced on at least 30 percent of the residential dwelling units in the PUD. Section 7.4G.10 of the PUD document contains this provision. Staff has no objection given the small amount of commercial proposed (5,000 square feet) and the practicality of constructing this small amount at the same time as constructing other non-commercial uses allowed on the same land use tract, e.g. recreation facilities, and clubhouse. Based upon the above analysis, staff concludes that the proposed residential uses and density, and open space uses, may be deemed consistent with the FLUE. In addition, the proposed commercial uses may be deemed consistent with the FLUE and implementing LDC provision (staff does not object to the petitioner's proposed deviation regarding proximity of the neighborhood village center commercial to 80 percent of the residential dwelling units, nor to the deviation on phasing of the development). Transportation Element: Because the currently approved maximum number of dwelling units remains the same, the Transportation Department has indicated that the proposed amendment will not generate additional weekday trips. In addition, an Arterial Corridor Analysis of Immokalee Road indicates that there will be no significant degradation of the level of service along Immokalee Road at the build out of this project. As a result, this petition is consistent with Policy 5.1 and 5.2 of thc Transportation Element. In addition, the projected build-out traffic volumes reveal that several road improvements must occur as provided in Section 8.2 of the Terafina PUD in order to maintain acceptable operating conditions on the road network. This includes the 6-1aning of Immokalee Road (C.R. 846) between 1-75 and Collier Boulevard (C.R. 951). It should be noted that the capacity improvements to C.R. 846 includes the proposed extension of Logan Boulevard to Bonita Beach Road. As a result, the project impacts exceed the impact threshold on Immokalee Road but with the proposed improvements to Immokalee Road and the extension of Logan Boulevard, this petition will not lower the level of service below any road segment's 0dopted LOS standard. Therefore, this petition is consistent with Policies 1.3 and 1.4, of the Transportation Element. Conservation and Open Space Element - The PUD document indicates that a combination of landscape, lakes, water management areas, and qualifying open space areas exceeds thirty (30) percent of the gross land area for a mixed-use development. The PUD will also achieve native vegetation preservation or re-vegetation requirements of the LDC by re-vegetation of native species in the preserve tracts and flow way, therefore the Conservation and Open Space elements of the GMP will be achieved by the PUD development strategy. Utilities and Water Management Element - The Utilities Department has approved subject to the following: Easements will be provided to Collier County Utilities for three separate well field locations. Two of the well site areas will be approximately 30x30 square feet in area, and a third site will be approximately 40x40 square feet in area to provide for a well house. These sites will be spaced a minimum of ¼ of a mile apart. These facilities will be located along the eastern edge of the Logan Boulevard right-of-way or, in the alternative, along a 30-foot easement along the northern property line shared with the Parklands PUD to the north if feasible. These easement areas will be provided to Collier County Utilities upon request, nc/noA rrt~ "~~ ~ / PUDZ-03-AR-4528, Terafina PUD 5 MAR 0 9200 Development of the land will proceed on the basis of connection to the County's sewer and water distribution system. These facilities are to be designed, constructed, conveyed, owned, and maintained in accordance with the current Collier County ordinances. Water management facilities will be constructed to meet current County Ordinances. These facilities will be reviewed and approved as a function of obtaining subsequent development order approvals. The above-prescribed course of action makes this petition consistent with this element of the GMP. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. The listed criteria are specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the LDC 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 BCC. These evaluations are completed as separate documents and are attached to the staff report. Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision-makers. The evaluation by professional staff should typically include an analysis of the petition's relationship to the community's Future Land Use Plan, and whether or not a rezoning action would be consistent with the Collier County GMP in all of its related elements (See Exhibit "A" and Exhibit "B"). Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility 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: Environmental Review - The Environmental staff has approved a waiver from submitting an Environmental Impact Statement because the preserve areas are fundamentally the same as approved in 2001 arC'supported by the Environmental Advisory Council (EAC). As a result, no Environmental Impact Statement (EIS) is required. Therefore, this petition was not required to go to the EAC. Transportation Department Review - The Transportation Division has recommended approval subject to the provision that sidewalks be provided on both sides of the streets and that all residential dwellings provide the minimum 23 foot distance from the back of sidewalk to the face of the garage. Zonine Review - It should be noted that the subject property is currently approved for residential and golf course uses. It is also near existing residential lands to the north, east, west, and south. The PUD Master Plan illustrates a development permitting 850 dwelling units on 167.8 acres while the preserve areas comprise 276 acres. The resulting project density of 1.33 units per acre is consistent with the Density Rating System. In regards to compatibility with the adjacent properties, the surrounding land uses of the adjacent developments are as follows: To the north is the Parklands PUD which is a residential golf course community that permits similar dwelling types and provides for a flow way that aligns with the flow way within Terafma. To the east is the approved Mirasol PUD that permits 799 units. It also provides a flow way that serves this area to the south is Olde Cypress PUD that is a partially developed residential and golf course community. Based on the intensity and densities of the surrounding developments, staff is of the opinion that the subject PUD is consistent with the surrounding developments. The petitioner's stated intent is to primarily construct a mix of single family and multi-family dwelling units with a maximum height of 35-feet. Since the surrounding properties also provide for a 35-foot limitation and development standards, this petition 2! with the adjacent developments. ' No.~ PUDZ-03-AR-4528, Terafina PUD MAR 0 9 200 The applicable reviewing staff has approved the requested deviations from the LDC as provided for in the PUD document. The petitioner has provided justification for the requested deviations and is attached to their rezone application. Utili ,ty Infrastructure - Easements will be provided to Collier County Utilities for three separate well-field locations. Two of the well site areas will be approximately 30x30 square feet in area, and a third site will be approximately 40x40 square feet in area to provide for a well house. These sites will be spaced a minimum of ¼ of a mile apart. These facilities will be located along the eastern edge of the Logan Boulevard right-of-way or, in the alternative, along a 30-foot easement along the northern property line shared with the Parklands PUD to the north if feasible. These easement areas will be provided to Collier County Utilities upon request. Community Infrastructure and Services - The subject property is readily accessible to a whole range of community infrastructure that is enhanced by its interface with Immokalee Road via the extension of Logan Boulevard. Shopping centers and medical offices of various specialties are all within a short driving distance along Immokalee Road. Regarding the matter of timing, it should be appreciated that development has been approved within this area. The property owner along with the developer of the Parklands PUD has entered into a Developers Contribution Agreement with Collier County for the extension of Logan Boulevard that will provide access to the project. After considering the availability of community infrastructure, the extension of Logan Boulevard and emergency services, it is clear that the development of the subject property is timely and consistent with the GMP. Public Information Meeting: The petitioner held a Public Information Meeting on November 19, 2003 at the Saturnia Lakes Clubhouse. Approximately twenty neighboring property owners attended the presentation given by Robert Duane of Hole Montes, representing GLH Development. GLH Vice President, Kevin Ratteree was also on hand to assist in answering questions. Several property owners from the Olde Cypress PUD expressed concern over the intended landscape buffering between the proposed development and their own. The new proposal seeks to remove the previously approved golf course and reconfigure the tract boundaries for the construction of single-family residences. Recently approved development agreements between the Transportation Department and the .surrounding Parklands, Longshore Lakes, Terafina, and Olde Cypress PUDs to develop Logan Boulevard extension in addition to a landscape buffering agreement along Logan Boulevard were also discussed. Mr. Ratterie stated that he would cooperate with Olde Cypress property owners in exploring the feasibility of a shared landscape berm to address their concerns about compatibility between the two projects and incorporate the following language. As a result a thirty-foot wide cross section of a landscape buffer is proposed to be shared between Terafina and Olde Cypress. Within this buffer area will be a six-foot high wall to be incorporated on the Terafma side of the shared buffer area outside the flow way depicted on the PUD Master Plan. The plantings within this buffer area will be substantially in excess of that required by the LDC to address compatibility concerns addressed at the meeting. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) recommend approval of Petition PUD-PUDZ- 03-AR-4528 subject to the conditions of approval that have been incorporated in the P' 113 document and as otherwise described by the Ordinance of Adoption and Exhibits thereto, no. / '7~ PUDZ-03-AR-4528, terafina PUD 7 L~,R 0 § 200~ PREPARED BY: ~CAY ~_J~I~LOWS, CHIEF PLANNE DATE DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW REVIEWED BY: SAN MURRAY~ AI-CP, bIREc~Fo~ DATI~ - ' ~tm~m ov zonn~o ~ ~o o~w~ovM~m ~vn~w APPROX. BYf /2//~ J O S~PH~K~~~,~,~I S~TOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ?. ~L DATE COLL~~~~A~ING COMMISSION: ~/~?/04 RUSSELL A. BUDD, CHAIRMAN :i:i:i:i:i:i:i:i:i PUDZ-03-AR-4528, Terafina PUD REZONE FINDINGS PETITION PUD-03-AR-4528 Division 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use Map and the elements of the GMP. The property is located in the Urban Mixed Use District, Urban Residential Sub- district as depicted on the Future Land Use Map. The proposed gross density of 1.3 dwelling units per acre is consistent with the Future Land Use Element of the Collier County Management Plan, which allows up to four (4) dwelling units per acre at this location or a maximum of 2,586 dwelling units. The proposed density is based on the original acreage contained in the PUD. The total number of dwelling units proposed is eight hundred and fifty (850) on +168 acres proposed for residential use. The proposed development is in compliance with the Future Land Use Element of the Growth Management Plan. The density permitted within the Terafina PUD is consistent with the FLUE contained in the Growth Management Plan. 2. The existing land use pattern. North-The Parklands PUD is a golf course community that is approved for 1,603 units and at a density of 2.5 units per acre. East- The Mirasol PUD is a golf course community that is approved for 799 units and at a density of 0.51 units per acre. South -The Olde Cypress PUD that is approved for 1,100 units and at a density of 2.1 units per acre. West- Logan Boulevard right-of way and the Quail Creek Subdivision that is zoned RSF-2 and "GC" Golf Course. 0 The possible creation of an isolated district unrelated to adjacent and nearby districts. The currently approved and proposed amendment to the Terafina PUD remains sufficient in size and will not result in an isolated district unrelated to adjacent and nearby districts. It is also consistent with expected land uses by virtue of its consistency with the FLUE. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The existing Terafina PUD district boundaries are logically drawn and they are consistent with the FLUE of the GMP. The proposed amendment will not change these boundaries PUDZ-03-AR-4528, Terafina PUD EXHIBIT "A" AGEI~A ITEM ,,,o. MAR 0 9 200~m e e 5 Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed petition is appropriate since the approved land uses will not change while the overall PUD project intensity will remain the same because no additional dwelling units are proposed. In addition, this petition is still compatible with the surrounding lands. Furthermore, the subject PUD has a positive relationship to the GMP. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed change will not adversely influence living conditions within the TerM'ma PUD. The proposed change will have no significant impact upon the residential components of the PUD. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Traffic Element of the GMP and was found consistent, a statement advising that this project' when developed will not ex~eSgiyelY':iriC~e traffic congestion. The proposed change will result in an overall decrease in daily trips within the PUD. Whether the proposed change will create a drainage problem. The LDC specifically provides the development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent .property over and above what would occur without development. In summary, this project has been reviewed for consistency with the applicable regulations and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. Whether the proposed change will seriously reduce light and air to adjacent areas. All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. 10. Whether the proposed change will adversely affect property w adjacent area. PUDZ-03~AR-452~, Tera~na PUD 10 in, tho AGI~NDA ITIF. M/~ ,/7/) MAR 0 9 200~ The development standards within this PUD will not be affected by the requested change. Therefore, staff is of the opinion that this petition will not adversely affect property values. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The undeveloped properties within the Terafina PUD will not be affected by the requested change. ... J 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. The proposed development complies with the GMP. In light of this fact the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property is being developed in accordance with the existing zoning. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The proposed amendment complies with the GMP and will not adversely impact the scale, density and overall intensity of land uses deemed to be acceptable throughout the urban designated areas of Collier County. 15. Whether it is impossible to t'md other adequate sites in the County for the proposed use in districts already permitting such use. The subject site is currently zoned PUD. There are many sites that are zoned to accommodate the proposed development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. 16. PUDZ-03-AR-4528, Terafina PUD The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. i~AR 0 9 200~t The area within the Calusa Island Village PUD affected by the proposed change is currently structured to receive such development. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. A multi-disciplined team responsible for jurisdictional elements of the GMP has reviewed this petition and they have found it consistent with the GMP. The conditions of approval have been incorporated into the PUD document. Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. The proposed change will have no affect upon those conditions. PUDZ-03-AR-4528, Terafina PUD 12 A~I::)A I'r~/~M MAR 0 9 200~1 FINDINGS FOR PUD PUD-03-AR-4528 Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plan's compliance with the following criteria: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the Terafina PUD document give assurance that all i~ctures will be developed consistent with County regulations. Any inadequacies that require supplementing the PUD document will be recommended to the Planning Commission and the BCC as conditions of approval by staff. Recommended mitigation measures will assure compliance with Level of Service relationships as prescribed by the GMP. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application provide evidence of unified control. The Terafina PUD document makes appropriate provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. The subject petition has been found consistent with the goals, objectives and policies of the GMP. A more detailed description of this conformity is addressed in the Staff Report. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The PUD Master Plan has been designed to optimize internal land use relationships through the use of various forms of open space separation. The LDC to assure harmonious relationships between projects automatically regulates external relationships. EXHIBIT "B" 13 PUDZ-03-AR-4528, Terafina PUD AGENDA 1',4AR 0'9 "'-,, e The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Timing or sequence of development in light of concurrency requirements is n6t a ~ - significant problem. The ability of the subject property and of surrounding areas to accommodate expansion. Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. This assessment is described at length in the staff report. In addition, this petition will not adversely impact any previous determination of consistency with the GMP. The project is also timely because the supporting infrastructure is available. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. This criteria essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards. The change is simply a shift in the amount of commercial use. PUDZ~03-AR-4528, Terafina PUD 14 AGENDA ITEM/) /1Ln MAR 0 9 200~ To: From: Date: Subject: Memorandum Ray Bellows, Chief Planner, Dept. of Zoning and Land Development Review John-David Moss, Senior Planner, Comprehensive Planning Department David Weeks, AICP, Chief Planner, Comprehensive Planning Department December 31, 2003 Future Land Use Element (FLUE) Consistency Review (3rd memo) PETITION NUMBER: PUDZ-2003-AR-4528 (2'~ m-submittal December 30, 2003) PETIT]ON N.~dV~: Terafina PUD REQUEST: Rezone the 636.8+ acre subject property from PUD to PUD zoning district (existing PUD approved at 646.5 acres) in order to: eliminate the golf course; reconfigure the boundaries of tracts and adjust acreages of various land use tracts; add a new tract for recreation and commercial uses; and, delete transportation requirements of the previous PUD ordinance, as a result of a Developer's Contribution Agreement - all while maintaining the approval of 850 DUs (yielding a density of 1.33 DU/A). LOCATION: The site is located +1 mile north of Immokalee Road (CR-846) and 1% mile east of 1-75, in Section 16, T48S, R26E. - COMPREI~.NSIVE PLANNING COMMF. N'B: The subject property is designated Urban (Urban Mixed - Use District, Urban Residential Subdistrict) on the Future Land Use Map (FLUM) and in the Future Land Use Element (FLUE) of the Growth Management Plan. Relevant to this petition, this Subdistrict permits a variety of residential unit types at a base density of 4 DU/A, and limited to a maximum of 16 DU/A, except as allowed under the Density Rating System for Affordable Housing projects and the use of TDRs (Transfer of Development Rights); and, recreation and open space uses. The site is eligible for a maximum density of 4 DU/A as it does not qualify for any density bonuses, and is not subject to any density reductions. The PUD Neighborhood Village Center Subdistrict within the Urban Mixed - Use District, which this petition is. relying upon for the commercial component within the Recreation Center, reads as follows: "The purpose of this Subdistrict is to allow for small-scale retail, offices, and service facilities to serve the daily needs of the residents of a PUD. The acreage eligible for Neighborhood Village Center designation and uses shall be sized in proportion to the number of units to be served, but in no event shall the acreage within the Village Center designated for small-scale retail, offices, and service facilities exceed 15 acres. These Neighborhood Village Center uses may be combined with recreational facilities or other amenities of the PUD and shall be conveniently located to serve the PUD. The Village Center shall not have independent access to any roadway external to the PUD and shall be integrated into the PUD. Phasing of construction of the Neighborhood Village Center shall be controlled so that it occurs concurrent with the residential units. The Planned Unit Development district of the Land Development Code shall be amended within on: (1) yd~:HDA I~ /~ I to provide standards and principles regulating access, location or integration within the PUD of the /illa~o' / ? ~ ~ Center, allowed uses, and square footage and/or acreage thresholds." EXHIBIT "C" IHAR 0 '9 200~ Additionally, Section 2.2.20.3.14 of the LDC contains the implementing provisions for this Subdistdct; all of the below stated special requirements must be met for mixed use PUDs which contain commercial components. It is listed below, followed by staff analysis/comments for each criterion. ]. Land area requirement: The gross acreage of the neighborhood village center shall be sized in proportion to the number of housing units authorized in the PUD and shall not exceed 15 acres [701-850 DUs = 4.5 acres for Neighborhood Village Center.] (On the PUl) IV[aster Plan the Recreation Center comprises 7.21 acres which exceeds the maximum 4.5 acres eligible in the LDC Village Center requirements. However, Section 7.4F. of the PUD document stipulates the commercial component of the Recreation Center will not exceed 5,000 s.f., which can easily be accommodated on far less than 4.5 acres. The intent of the FLUE and LDC ~rovisions are to limit the amount of commercial development so as to be in proportion to the residential development. A village center is allowed to include recreational uses & other amenities; it is recognized that the majority of the recreation center tract will be developed with recreation, not commercial uses.) 2'. Maximum floor area ratio: 0.25 for the commercial component. (See. 7.4G.2. contains this requirement.) 3. Permitted uses: 1. Commercial Uses (as set forth in Section 2.2.20.4.7.1.3.1 of the LDC); 2. Non-commercial uses: In addition to the above commercial uses, the neighborhood village center may also contain recreational facilities and other amenities of the PUD, such as a clubhouse, community center or day care center. (See. 7.3B. and 7.4G.3. of the PUD document provide for the commercial uses listed in Section 2.2.20.4.7.1.3.1 of the LDC; Sec. 7.3A. and 7.4G.4. allows various reereational, uses.) 4. Unified plan of development and common ownership: The neighborhood village center shall be a unified, and architecturally integrated, plan of development with common ownership of all the property that comprises the neighborhood village center. (Sec. ?.4G.5. of the ]>lTD document contains this requirement.) 5. Location criteria and functional operation: The following Iocational criteria and functional operating characteristics shall characterize the neighborhood village center:. a. The neighborhood village center must be internally located within the PUD such that the site has no direct access to roads external to the PUD. The center must be located a minimum of 660 feet from the nearest external roadway providing access to the PUD. The center must be located a minimum of 330 feet from the perimeter boundaries of the PUD. (The neighborhood village center has no direct access to external roads, is greater than 660' from the nearest external road providing access to the PUD, and is greater than 300' from the perimeter boundaries of the PUD.) b. The neighborhood village center shall be located within a 1,760 radius (1/3 mile) of at least 80 percent of the total number of approved residential units. (The Village Center appears to be as centrally located within the PUD as possible. However, due to the size and shape of the PUD, and the location of preserve areas, the recreation center cannot be located within 1/3 mile of 80% of the DUs. A l~ssible solution would be to provide more than one village center. However, given the small amount of commercial proposed - 5,000 s.f. - staff acknowledges this is not a feasible alternative. Accordingly, staff finds the requested deviation to locate the center within 1/3 mile of 40% of the DUs to be reasonable and offers no objection.) c. The neighborhood village center shall be pedestrian-friendly, meaning minimal dependency upon access by automobiles and with location and design to encourage pedestrian access, which shall be reflected in the pedestrian walkway system for the entire PUD. (Sec. 4.18.4 of the PUD document does modify the sidewalk requirement provision along the entry road and main spine road; however, there are no requested waivers from sidewalk requirements in the LDC: 'Accordingly, sidewalks are required along all roadways thus insuring pedestrian access to the recreation center. Further, the recreation center is centrally located in the PUD. ) Off street parking and design: In recognition of the pedestrian-friendly neighborhood village center, as required in Section 2.2.20.14.5.c.[sh 2.2.20.4.7.1.5], the number of required off-street parking spaces shall only b~ that required by section 2.3.16 of the LDC. However, the number of off-street e 2 desitin of the )uld ACt~M~A ~ 50 q~.,.,rcent of~_.~ )arking spaces provided shall not exceed 75 percent of that required by Section 2.6.13. In all other respects, off-street parking areas shall be designed in accordance with the provisions of divisions 2.3 and 2.4 of this code. (Sec. 4.13 and ?.4G.?. of the PUD document contains this requirement.) Design guidelines: The neighborhood village center shall be subject to, and in compliance with, the design guidelines identified in division 2.8 of this Code except as otherwise excepted or required herein. (Sec. 7.4G.8 of the PUD document contains this provision.) Signs: A unified sign plan shall be submitted and made a part of the approval for the neighborhood village center site development plan. The approved unified sign plan will establish signage specirmations and will therefore become the sign regulations that will apply to the neighborhood village center. The unified sign plan shall adhere to Section 2.8.3.6.2.1. of this Code, except that pole signs are prohibited. Signs shall be designed so that their size and location are pedestrian-oriented. (Sec. 7.4G.9 of the PUD document contains this provision.) Phasing of development: No commercial building construction in the neighborhood village center shall be allowed until building construction has commenced on at least 30 percent of the residential dwelling units in the PUD. (See. ?.4G.10 of the PUl) document contaias this provision but requests a deviation. A deviation is requested to allow constructiol of the neighborhood village center commercial prior to construction of 30% of the residential DUs. Staff has no objection given the small amount of commercial proposed (5,000 s.f.) and the practicality of constructing this small amount at the same time as constructing other non- commercial uses allowed on the same land use tract, e.g. recreation facilities, clubhouse, etc.) FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. Comprehensive Planning leaves this determination to Current Planning staff as part of their review of the petition in its entirety. Review of PUD Document and Master Plan: 1. Sec. 4.17: Delete. No such transfer method exists. Once this petition is approved, the PUD will only be approved for 850 DUs - the "excess" DUs will not exist. CONCLUSION: Based upon the above analysis, staff concludes: 1. The proposed residential uses and density, and open space uses, may be deemed consistent with the FLUE. 2. The proposed commercial uses may be deemed consistent with the FLUE and implementing LDC provision (staff does not object to the petitioner's proposed deviation regarding proximity of the neighborhood village center commercial to 80% of the residential DUs, nor to the deviation on phasing of the development). 3. One PUD revision is needed, as noted above; however, it is not a FLUE consistency issue. Further, in discussion with the petitioner's agent, this is an area of disagreement - the petitioner does not agree to delete this text from the PUD. On CD PLUS Cc: Susan Murray, AICP, Interim Director, Dept. of Zoning and Land Development Review Stan Litsinger, ^ICP, Director, Comprehensive Planning DepL CD/FLUE file CD PUDZ-2003-AR-4528 Terafina PUD to PUD 03 G, Comp, David, CD Memos & Ltrs, RZs j-dm-dwi12-31-03 AC, ENOA L HAR 0 9'200 PUDZ-2003-AR-4528 PROJECT #2002050014 DATE: 8/5/2003 RAY BELLOWS APPLICATION FOR PUBLIC HEARING FOR: [~]PUD REZONE [~t'UD TO PUD REZONE Petition No.: Date Received: Planner Assigned: Commission District: ABOVE TO BE COMPLE-fv:D BY STAFF General Information: Name of Applicant(s) Kevin Ratterree, GP of GLH Development, L.L.L.P. Applicant's Mailing Address 1401 University Drive, Suite 200 City _Coral Springs State Florida Applicant's Telephone # 954-753-1730 Fax # Applicant's E-Mail Address: Kevin. Ratterree_(~GLHomes.com Name of Agefit Robert L. Duane Agent's Mailing Address City _Naples Agent's Telephone # Agent's E-Mail Address: 950 Encore Way Firm Hole Montes, Inc. 239-254-2000 Zip 33071 State Florida Zip 34110 Fax # 239-254-2099 _bobduane(~holemont es .eom COLIJER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 *Be aware that Collier County has lobbyist regulations. Guide yourself accordingl and ensure that you are in compliance with these regulations. Application For Public Hearin~ For PUD Rezone 4/14/D3 AOENDA rrEM IvlAR § g Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of HomeownerAss°ciati°n: N/A Mailing Address City State .. Zip Name of Homeowner Association: Mailing Address N/A City State ~ Zip Name of Homeowner Association: Mailing Address N/A City State ~ Zip Name of Master Association: Mailing Address N/A City State ~ Zip Name of Civic Association: __ Mailing Address N/A City State ~ Zip o Disclosure of Interest Information: If the property is owned fee simple by an INDWIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets ifnecess'ary). Name and Address Percentage of Ownership If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address, and Office Percentage of Stock NAR 0 9 200t Application For Public Hearing For PUD Rezone 4/14/03 Co If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest do If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address GLH Development, L.L.L.P. 1401 University Drive, Suite 200 _Coral Springs, Florida 33071 Percentage of Ownership See attached Affidavit eo If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address Application For Public Hearing For PUD Rezone 4/14/~3 MAR 0 9 200q '7 This instrument prepared by: Timothy G. Hains. Esq. QUARLES & BRADY LLP 4501 Tamiami Trail North, Suite 300 Naples, Florida 3,$103 S 10.50 recording $111.~ ~ 4t. ,,~0 documentary stamps 3178685 OR: 328 PG: 1227 IIC0iDID ill 0HICIAL UCOII)~ 0! C0LLIBB C0OITT, tL 05/07/2003 at 08:05A!l DiIGHT I. BLOCK, U. IH COifS 158HH4.00 I1¢ l~Ji10.50 DOC-.70 111241.20 COlql$ Z.00 Property ID Number: 00183600000 SPECI AL V,'ARRANTY DEED THIS INDENTURE, made this ,-~°c~ day of May, 2003, between Robert Vocisano, as Trustee under Land Trust Agreement dated May 24, 1995, Whose mailing address is: 4100 Golden Gate Parkway, Naples, Florida 34116, (the "Grantor"), and GLH Development, L.L.L.P., a Florida limited liability limited partnership, whose mailing address is: 1401 University Drive, Suite 200, Coral Springs. Florida 33071 (the "Grantee"). WlTNESSETH. that said Grantor, for and in consideration of the sum of Ten Dollars, and other good and valuable consideration' to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee. and Grantee's successors and assigns forever, the following described land, situate, lying and being in Collier County, Florida, to-wit: Ali of Section 16, Township 48 South, Range 26 East, Collier County, Florida, less and except the Westerly 80 feet thereof. Subject to covenants, easements, restrictions and reservations of record but without rcimposing same; existing zoning and governmerhal regulations; real estate taxes for the current and subsequent' years. The subject property is vacant land and is not the homestead property of the Grantor, nor is it contiguous thereto. The Grantor resides at 165 Second Avenue North, Naples, Florida 34102. THIS DEED is an absolute conveyance and said Grantor will warrant and defend the property hereby conveyed against the lawful claims and demands of ali persons claiming by, through, or under said Grantor, but against none other. TO HAVE AND TO HOLD The same, in fee simple forever. TOGETHER WITH all the hcreditaments and appurtenances thereunto helot. anywise appertaining to the property hereby conveyed. QBNAP~390514.2 MAR 0 9 200 , OR: 3284 PG: 1228 IN WITNESS WHEREOF, the Grantor has hereunto set Grantor's hand and seal the day and year first above written. Signed, sealed and delivered in the presence of: ~o, as Trustee under Land Trust Agreement dated May 24, 1995 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this ,~day of April, 2003, by Robert Vocisano, as Trustee under Land Trust Agreement dated May 24, 1995. He is (,)<) personally known to me, or (.__) has produced as identification and who did not take an oath. (SEAL) r ' MY COMMISSION EXPIRES: QBNAPX390514.2 ~':~'~ 0~9 '200q STATE Of FLORIDA ) COUNTY OF BROWARD ) ss: AFFIDAVIT BEFORE ME, the undersigned Notary Public, personally appeared ALAN FANT ("Affiant"), to me well known to be the person who made and subscribed the following Affidavit, who, upon being first by me duly sworn on oath, deposed and said as follows: 1. Affiant is the Vice President of G.L. HOMES OF NAPLES II CORPORATION, a Florida corporation, the sole general partner of G.L HOMES OF NAPLES ASSOCIATES II, LTD., a Florida limited partnership, the sole general partner of GLH DEVELOPMENT, LLL. P, a Florida limited liability limited partnership ("Partnership") and as such has personal knowledge of the business and affairs of said Partnership and of all facts stated hereunder. 2. The sole general partner of the Part~-,ership is G.L. HOMES OF NAPLES ASSOCIATES II, LTD., a Florida limited partnership ("Naples II Partnership"), having an address at 1401 University Drive, Suite 200, Coral Spdngs, Flodda 33071. A. The sole general partner of the Naples II Partnership is G.L HOMES OF NAPLES II CORPORATION, a Florida corporation ("Naples II Corporation"), having an address at 1401 University Drive, Suite 200, Coral Springs, Florida 33071. (i). The sole shareholder of the Naples II Corporation is G.L HOMES OF FLORIDA HOLDING CORPORATION, a Florida corporation ("Florida Holding"), having an address at 1401 University Ddve, Suite 200, Coral Spdngs, Flodda 33071. B. The limited padners of the Naples II Partnership are (i) G.L. HOMES OF FLORIDA LIMITED CORPORATION, a Florida corporation ("Florida Limited"), having an address at 1401 University Drive, Suite 200, Coral Springs, Florida 33071, and (ii) CORE EQUITY I, LLC, a Delaware limited liability company ("Core Equity"), having an address at 8,400 Normandale Lake Boulevard, Suite 600, Minneapolis, Minnesota 55437. (a). The sole shareholder of Florida Limited is G.L HOMES OF FLORIDA HOLDING CORPORATION, a Florida corporation ("Florida Holding"), having an address at 1401 University Ddve, Suite 200, Coral Springs, Florida 33071. (I). The sole shareholder of Florida Holding is Itzhak Ezratti, having an address at 1401 University Drive, Suite 200, Coral Springs, Florida 33071. (b). The sole shareholder of Core Equity is RESIDENTIAL FUNDING CORPORATION, a Delaware corporation ("RFC"), having an address at 8400 Normandale Lake Boulevard, Suite 250, Minneapolis, Minnesota 55437. (I). The sole shareholder of RFC is GENERAL MOTORS ACCEPTANCE CORPORATION ("GMAC"), having an address at 8400 Normandale Lake Boulevard, Suite 250, Minneapolis, Minnesota 55437. 3. The sole limited partner of the Partnership is RPH OF NAPLES, INC., a Florida corporation ("RPH'), having an address at 5692 Strand Court, Suite 1, Naples, Florida 341 10. at 5692 Strand Court, Suite 1, Naples, Florida 34110, and (ii) Renee R. Tols( address at 5692 Strand Court, Suite 1, Naples, Florida 34110. FTL:970009:1 The shareholders of RPH are (1) Robert Paul Hardy, having an address MAR 0 9 2004 .g. ,7 4. This Affidavit is made in relation to that certain Development Order Modification for the Terafina PUD, by and between GLH Development, LLLP, a Florida I'imited Liability Limited Partnership, and The Board of County Commissioners of Collier County, Florida as the Governing Body of Collier County. This Affidavit is made under penalties of perjury. In addition, Affiant declares that he has examined this Affidavit and to the best of Affiant's knowledge and belief it is true, correct, and complete and that Affiant has this authority to execute this Affidavit on behalf of the Partnership. 5. Affiant is executing this Affidavit solely in his capacity as Vice President of the general partner of the general partner of the Partnership, and no resort shall be had to any of ~ Affiant's personal assets on account hereof. ' FURTHER AFFIANT SAYS NOT. GLH DEVELOPMENT, LLLP, A FLORIDA LIMITED PARTNERSHIP By: G.L. HOMES OF NAPLES ASSOCIATES II, LTD., a Florida limited partnership, its General Partner By: corporation, its General Partner Alan Fant, ~%"~President SWORN TO AND SUBSCRIBED before me this.~_ d,~, ne, 2003. Notary Public, StYe of Florida at Large/ Print Name: My Commission Expires: G.L. HOMES OF NAPLES II CORPORATION, a Florida III . I I I I FTL:970009:1 MAR 0 9 200 ... 9/ · g. Date subject property acquired (X) leased ( ):5/28/03 Term of lease yrs./mos. o If, Petitioner has option to buy, indicate date of option: terminates: .., or anticipated cloging date and date option ho Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Detailed legal description of the property, covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the 'last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or scaled survey may be required. Section: 16 Township: 48S Range: 26E Lot: N/A Block: N/A Subdivision: N/A PlatBook N/A Page#: N/A Property I.D.#: 00183600000 Metes & Bounds Description: N/A 4. Size of property.: _ +5280 ft. X ±5260 ft. = Total Sq. Ft. _2,777,280__ Acres 637 5. Address/general location of subiect property.: __Adjacent to and East of"Quail Creek" ._Adiacent to and North of"Olde Cypress" PUD District (LDC 2.2.20.4): [~ Residential ['-] Community Facilities I--] Commercial [--] Industrial 7. Adiacent zoning and land use: Zoning Land use N PUD Vacant/Parklands S PUD Residential and Golf Course/Olde Cypress E PUD VacanffMirasol W RSF-2/GC Residential/Quail Creek Application For Public Hearing For PUD Rezone 4/14/03 AGENDA ITEM MAR 0 9 200~ Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section: Township: Range: Lot: Block: Subdivision: Plat Book Page #:__ Property I.D.#: Metes & Bounds Description: Rezone Request: This application is requesting a rezone fi.om the district(s) to the PUD zoning district(s). Present Use of the Property: Vacant PUD zoning Proposed Use (or range of uses) of the property:. Residential Tracts/Preserve and residential areas permitting 850 dwelling units. Original PUD Name: Terafma Ordinance No.: 01-71 Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Cornrnission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. Application For Public H~aring For PUD Rezone 4/14/03 PUD Re~one Considerations (LDC Sectlon 2. 7.3.2.5) The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. 3. Conformity of the proposed PUD with the goals, objectives and policies 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. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justtfied as meeting public purposes to a degree at least equivalent to literal application of such regulations, 10. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by eXisting deed restrictions. Previous land use petitions on the sub[eot property,: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? Application For Public Hearing For PUD Rezone 4/14~3 Additional Submittal requirements: In addition to this completed application, the following shall be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre-application meeting. a. A copy of the pre-application meeting notes; If this rezone is being requested for a specific use, provide twenty (20) copies (this includes: HUI if affordable housing, Joyce Ernst, if residential and Immokalee/Water Sewer District, if in Immokalee) of a 24" x 36" conceptual site plan [and one reduced 8½" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; · all existing and proposed structures and the dimensions thereof, · provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], · required yards, open space and preserve areas, · proposed locations for utilities (as well as location of existing utility services to the site), · proposed and/or existing landscaping and buffering as may be required by the County, ¢. An architectural rendering of any proposed structures. d. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC), or a request for waiver if appropriate. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation and location(s) of the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.). Application For Public Hearing For PUD Rezone 4/14/03 0 9 200 f. Statement of utility provisions (with all required attachments and sketches); g. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; h. A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre-application meeting); i. Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. j. An electronic version of the PUD on a disk as part of this submittal package. k. Boundary Survey, no more than six months old - LDC Section 2.7.3.1.2.(8) Please be advised that Section 2.7.2.3.2 (3) of the Land Development Code requires an applicant to remove their public hearing advertising sign (s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign (s) immediately. Application For Public Hearing For PUD Rezone 4/14/03 I~AR 0 9 200q The petitioner provided the attached "Deviation List". The opinion provided within does not necessarily reflect the opinion or recommendation of staff. PUDZ-2003-AR-4528 PROJECT #2002050014 DATE: 10/31/03 RAY BELLOWS DEVIATION JUSTIFICATION LIST The following deviations are requested to the Terafina PUD and are referenced with a foot note in the attached PUD document. 1. SECTION 4.14.B - BOUNDARY MARKERS A deviation from Section 2.5.5.1.2 of the LDC - Real Estate Signs - to allow for additional signage along the one mile of frontage along Logan Blvd. This signage for a boundary marker or monument is in addition to project entrance signs. The LDC does not provide for sufficient residential signage for large projects with e:~tensive road frontage, as is the case with this project which has over 5,200 feet of frontage along future Logan Boulevard. The additional signage is designed to let the traveling public know in advance when they are approaching the project main entrances and is designed to alleviate lack of sufficient signage. 2. SECTION 4.14.C - PROJECT ENTRANCE SIGNS Deviations from Section 2.5.5.1.2 of the LDC to allow for the project entrance signage to be increased in both area and height. The LDC allows for two ground signs not to exceed a combined area of 64 square feet. The proposed deviation is to allow for two ground signs not to exceed forty square feet in area or a two-sided sign up to 80 square feet in area as a deviation fi.om the required sign size of 64 square feet. The signage is proposed to be increased fi.om the current LDC standard of 8 to 10 feet in height. Deviations for the size and height of project entrance signs are not uncommon and have been allowed in other planned unit developments. Approval of an 80 square foot entrance sign at this location will not contravene the public safety and welfare. 3. SECTION 4.14.E - INTERNAL SIGNS A deviation to Section 2.5.5.2.5.12 of the LDC to increase the size of the directional signs from 4 square feet to 8 square feet with no limitations on the number of such signs. The LDC standard of 4 square feet for this type of signage is not always recognizable. Increasing the size of directional signage is designed to overcome this problem. These signs internal to the development will not contravene the public health, safety and welfare. Rather they will provide easier recognition to drivers not familiar with the development. Furthermore, all such signage will be part of a uniform signage plan required for the Terafma PUD to enhance the esthetics of all required signage. The requirement for a uniform signage plan is set forth in Section 4.14 of the PUD. 4. SECTION 4.19.A - STREET RIGHT OF WAY WIDTH A deviation from Appendix B of the LDC Typical Street Sections, B-4 and B-5 to reduce the proposed right-of-way width within Terafma fi'om 60 feet to 50 feet for local streets to provide for design flexibility and subject to sufficient area for easements for r, c[uirod~DA ITi. M/D ' MAR 0 9 200 W:\1995\1995087~PUD~Deviation Justification List.doc utilities. This deviation has been provided in numerous PUDs and subdivisions, particularly for private roads. Furthermore, this deviation will not contravene the public safety and welfare. 5. SECTION 4.19.B - DEAD-END STREETS A deviation to Section 3.2.8.4.16 of the LDC to allow for the length of a cul-de-sac to exceed 1000 feet in length to distances depicted on the PUD Master Plan that will not exceed 2,744 feet. The Master Plan reflects the commitment of the developer in retaining, to the greatest extent possible, wetland preserve and upland areas. The resulting site plan configuration results in areas which could only be served by a long cul- de-sac rather than a loop road. This standard is routinely exceeded in PUDs and will not contravene the public health, safety and welfare. 6. SECTION 4.19.C - INTERSECTION RADII A deviation fi.om Section 3.2.8.4.16 Intersection Radii of the LDC to reduce the radius a minimum of 25 feet to 20 feet and increase the radius of the intersections at project entrances from 30 feet to 35 feet. This standard is routinely exceeded in PUDs and based on further engineering justification at the time of construction plan approval. This deviation will not contravene the public health, safety and welfare. 7. SECTION 4.19.D - REVERSE CURVES A deviation fi.om Section 3.2.8.4.16 of the LDC Reverse Curves, to not require a tangent between reverse curves. Reverse curve standards are 25 feet on cul-de-sacs, 50 feet on local streets, 75 feet on minor collector industrial commercial streets, and 100 feet on all other streets. Because of the slow vehicle speeds and Iow traffic volumes, these exceptions will not contravene the public health, safety and welfare and are routinely approved in PUDs. 8. SECTION 4.20.A - CONSTRUCTION OFFICES A deviation from Section 2.6.33.3 of the LDC allowing a temporary use permit be extended from 24 months to 48 months for construction offices and be issued accordingly. The justification for this deviation is based on the size (850 units) and duration (buildout of 2011) of the project. Approval of this deviation will not contravene the public health, safety and welfare.. 9. SECTION 4.20.B - MODEL HOMES, SALES CENTERS, AND SALES OFFICES A deviation from Section 2.6.33.41 of the LDC to allow for the issuance of a temporary use permit for model homes, sales centers, and sales offices from 3 to 4 years. Deviations are also requested to allow up to 12 model homes within the 850 dwelling unit project as an alternative to5 models or 10% of the total number of pla,et lots. A~Arr~ ~o. MAR 0 9 2OOq W:\1995\1995087XPUDXDeviation Justification List.doc deviation is also requested to allow the Planning Services Director to extend a temporary use permit for a model home row that may be extended for a period of time equal to 3 months after 100% of Terafina sales are attained without a conditional use. The justification for the deviations is based on the project size, and buildout is not anticipated to be until 2011. Furthermore, the model home row will be well defined as an integral part of the planned development, and compatibility issues are not anticipated to arise. Approval of these deviations is not materially different from deviations approved in PUDs for other large planned developments. Approval of these deviations will not contravene the public health, safety and welfare. 10. SECTION 4.21.A - CHANGES & AMENDMENTS TO PUD DOC./MASTER PLAN Deviations are requested to Section 2.7.3.5 of the LDC to allow for flexibility for minor variations to the PUD Master Plan that have no external impacts beyond the boundary of the subject property. Similar kinds of deviations have been incorporated into many other PUDs and are designed to minimize insubstantial changes to PUDs and unnecessary public hearings for minor changes to PUDs. Approval of this deviation will not contravene the public health, safety and welfare. 11. SECTION 4.22.D - FENCES AND WALLS A deviation from Section 2.6.11 of the LDC to exceed maximum height of fences and walls allowable up to 6 feet in a residential district to a maximum height of 35 feet or, in the case of access control structures within rights-of-way adjoining two or more different districts, the more restrictive standard shall apply. The LDC currently does not contemplate standards for control gates above 6 feet and they are becoming increasingly popular in larger planned developments for security and also aesthetic considerations which is the basis for the deviation. Approval of this deviation will not contravene the public health, safety and welfare. 12. SECTION 7.4 - DEVELOPMENT STANDARDS A deviation from Section 2.2.20.4.7.1.5f of the LDC for Special Requirements for Mixed Use Planned Unit Developments Containing A Commercial Component, and more specifically the location requirements for the Neighborhood Village Center. The petitioner proposes 5,000 square feet of retail uses in the Recreational Center site depicted on the PUD Master Plan. The Recreation Center will function as a Village Center for Terafina. Based on 850 dwelling units, up to 5.5 acres of commercial uses are allowed, and the petitioner proposes the option to only incorporate in the Recreational Center only a small portion of the total amount of commercial area allowed. All of Section 2.2.20.4.7.1 special requirements for mixed use planned developments containing a commercial component can be met with the exception of the requir( ....... ~' MAR O §'200~ W:\1995\1995087XPUDXDeviation Justification List.doc Section 2.2.20.3.14.5.f which requires that commercial uses contained in the PUDs be located within 1,760 feet or a radius of one-third mile of at least 80% of the total number of dwelling units. The basis for this deviation is that, because of the location and configuration of upland and wetland preserves located around the Recreational Center, only allows for ±40% of the D.U.'s to be located within this one-third of a mile radius. The planning basis for the deviation is designed to minimize commercial convenience trips outside the boundary of the project. The proposed standard, therefore, in Section 7.4.E of the PUD is that a maximum of 5,000 square feet of gross leaseable area can be located within one-third of a mile of 40% of the permitted dwelling units as an alternative to 80% of the proposed dwelling units being located within a one-third mile. Approval of this deviation will not contravene the public health, safety and welfare. (See attached Exhibit overlaying one- third of mile radius over PUD Master Plan.) 13. SECTION 7.4.G. 10 - PHASING OF DEVELOPMENT The developer desires at his option to construct 5,000 square feet of permitted commercial uses within the recreation center at such time as he ascertains there is a demand for limited commercial uses. The PUD provisions of the LDC in Section 2.2.20.4.7.1.9. notes that no commercial building construction in the Neighborhood Village Center will be allowed until building construction has commenced on at least 30% of the residential dwelling units have been constructed or 255 dwelling units in Terafina. Because of the limited area proposed, 5,000 square feet of retail use in the Recreation Center, is of such a small scale (4.5 acres of commercial use is the maximum area allowed by Section 2.2.20.4.7.1.1 which translates to 45,000 square feet of floor area) the developer desires to construct this space at the time the Recreation Center is under construction and lease this space at such point in time as it is determined that there is a need for such uses, irrespective of the number of dwelling units that may have been developed or under construction as a convenience to residents. For this reason a deviation is requested to the current phasing requirement in the LDC Section 2.2.20.4.7.1.9. to provide flexibility to meet demand as the need may arise. W:\1995\I 995087XPUD~Deviation Justification List.doc I 0 9 .... , 6// 0'4/~1/2003 10:44 B595724 ._ 0'4/01/03 TUE 11;~0 PAX 1~'39Z$ ..9~ ADDRE$SINb ~001 wOIA M please complete the following ~ submit to tl~c Addr~ssi~ c,~-¢ p~j~-t.. It_,~-, in bo!d Woe sre..re~uir~ 1. Legal description of subject property orpropc~les (copy'vj ~ 83 00~0 4. Lo~floa ~P, ~g ~a~ location of~j~sita Copy of survey ('N~EDED OI~L¥ POP. UIVPLATTHD PROPERI1ES) Proposed project name (tfappl~able) 7. P'mposod S'a'c~ names (if applicable) $. Site D~el~mmt P~ N~b~ ~Og ~~G PRO~C~I8~S 0~ 'SDP 9. Petition ~e - (C~pl~ a ~e Ad~ ~~ for e~h P~on T~e) [-'] SDP (Sit~ D~velopment Plan) SDPA (SDP Amendm~t) SDP! !SDP Insubmaulial Chauge) SIP Site ,,'~i:a~nt Plan) S PA (sn, Am,mam mt) SNR (Street Name Ckange) PPL (Plans & Plat PSP (Prelimimuy Subdivision Plat) FP ~insl Plat) E][~ vc§ctatiou/Exotic (Veg. Raxioval Permits) D,~a Use Petition (Varian.c~, Conditiansl U~e, E] BoaI Dock Ext., Rezone, PUD rezone, etc.) 10. Pmjec.~ or &vdopmm~t n~m~s p~oposed ~r, or slr~lY ~pp~ring in, condominium docum~ (ff applicable; indicate whether proposed or existing) N/A BL (Bl. ssting ?ermiO ROW (Right-of-WaY Pmxnit) EXP (Excavalion ?~-mit) VRSFP &'eg. Removsi & Site Fill permiO Plca.~ Ch~k One: [~ Checklist is to ~ F~,d B~k ~ P~o~y ~c~ Up ~pH~nt N~ _, Rob~L-.~e Phone 239-25~2000 F~ 2~-~2~9 Si~ ~ A~ng ~~ docs not ~ns~m~ ~j~ ~or S~t N~e ~v~ ~d is ~bj~t to ~h~ r~ by ~e Addres.lng S~O~ sv sr ~N~b~ Ad~s W:\Igg~I995~DRN-SSINO lhadgd 3-21-01 RECEIVED STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST NAME OF APPLICANT: Kevin Ratterree, GP of GLH Development, L.L.L.P. MAILING ADDRESS: CITY _Coral Springs 1401 University Drive, Suite 200 STATE Florida ZIP 33071 ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): _Not Applicable LEGAL DESCRIPTION: Section: 16 Township: Lot: Block: Plat Book Page #: Metes & Bounds Description: 48 South Range: 26 East Subdivision: Property I.D.#: 00183600000 (GPD TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM [~] capacity) e. SEPTIC SYSTEM CITY UTILITY SYSTEM FRANCHISED UTILITY SYSTEM PROVIDE NAME PACKAGE TREATMENT PLANT TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM ¢. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) Application For Public Hearing For PUD Rezone 4/14/03 I AR 09 200z ). 10. 11. 12. TOTAL POPULATION TO BE SERVED: 850 Units PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK_654,5000 GPD AVERAGE DAILY_327,250 GPD B. SEWER-PEAK_510,000 GPD AVERAGE DAILY_225,000 GPD IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: 2003 · NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided fi-om tests prepared and certified by a professional engineer. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. Utility Provision Statement RIM 10/17/97 Application For Public Hearing For PUD Rezone 4/14/03 AC-~A ITEM MAR 0 9 20~q · PUD REZONE APPLICATION SUBMITTAL CHECKLIST 'ED CHECKI,IST IS TO BE SUBMITTED WITH kPPLICATION PACKET! # OF NOT REQUIREMENTS COPIES REQUIRED REQUIRED 1. Completed Application/PUD documents 24* 24 ~. Copy of Deed(s) and list identifying Owner(s) and all 2* 2 Partners if a Corporation 3. Completed Owner/Agent Affidavit, Notarized 2* 2 4. Pre-application notes/minutes 24* 24 5. Conceptual Site Plans 24*' 24 6. Environmental Impact Statement- (ELS) 4 (waiver) 7. Aerial Photograph - (with habitat areas identified) 5* 5 8. Completed Utility Provisions Statement (with required 4 4 attachments and sketches) 9. Traffic Impact Statement - (TIS) 7 (waiver) 10. Historical & Archaeological Survey or Waiver 4 NA Application 11. Copies of State and/or Federal Permits 4 NA 12. Architectural Rendering of Proposed Structure(s) 4 NA 13. Application Fee -- $5000 + $25 per acre Inc. Data Conversion = $25 Fire Code Review = $150 EIS Review = $1600 Check shah be made payable to: Collier County Board of Commissioners 14. An electronic version of the PUD on a disk as part of Inc. the submittal packet. 15. Affordable Housing Density Bonus Agreement 4 NA including all Appendices and ,Exhibits. 16. Boundary Survey (no more than 6 months old) 5 5 17. OTHER REQUIREMENTS: NA * Documents required for Long-Range Planning Review * 1 a copy As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary subraitml information may result in the delay of processing this petition. Agent/Applicant Signature Application For Public Hearing For PUD Rezone 4/14/I}3 AFFIDAVIT We~I, GLH Development, L.L.L.P. being first duly sworn, depose and say that we/I am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief, tVe/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings twill not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We~I further authorize ,. _Robe_rt Duane of Hdle Montes as our/my representative in any matters regarding this Petition. Sig71.atur. e of P. roperty Own. er ' e t By: Kevzn ~atterree, Vxce Presxd n of G.L. General Partner of G.L. Homes of Naples Asso¢±ates II, Ltd., General of GLH Development, L.L.L.P. Typed or Printed Name of Owner Typed or Printed Name of Owner · to act Signature of Property Owner Homes of Naples II Corporation, Partner The foregoing~l/stru, mer~t~ag/a_cknowledged before me this ~ day of ~ 20 0_~, by t~.~bl/I ~/'fff___~ who is personally known to me or has p~t~duced State of Florida County of Collier as identification. (Signature of Notary Public - State of Florida) APPLICATION FOR PUBLIC HEARING FOR P~D REZONE - 10/98 / (Print, Type, ~-'Stamp Commissioned Name of Notary Public) MAR 0 9'~' PAGE 16 1 (:Pg.~ · ' TRAFFIC IMPACT STATEMENT (TIS): A TIS is required unless waived at the pre-application meeting. The TIS required may be either a major or minor as determined at the pre-application meeting. Please note the following with regard to TIS submittals: MINOR TIS: Generally required for rezone requests for property less than 10 acres in size, although based on the intensity or unique character of a petition, a major TIS may be required for petition of ten acres or less. MAJOR TIS: Required for all other rezone requests. A minor TIS shall include the following: Trip Generation: (at build-out) Annual Average Daily Traffic Peak Hour (AADT) Peak Season Daily Traffic Peak Hour (PSDT) 2. Trip Assignment: Within Radius of Development Influence (RDI) 3. Existing Traffic: Within RDI AADT Volumes PSDT Volumes Level of Service (LOS) 4. Impact of the proposed use on affected major thoroughfares, including any anticipated changes in level of service (LOS). 5. Any proposed improvements (to the site or the external right-of-way) such as providing or eliminating an ingress/egress point, or providing mm or decel lanes or other improvements. 6. Describe any proposal to mitigate the negative impacts on the transportation system. For Rezones Only: State how this request is consistent with the applicable policies of the Traffic Circulation Element(TCE) of the Growth Management Plan (GMP), including policies 1.3, 1.4, 4.4, 5.1,5.2, 7.2 and 7.3. A Major TIS shall address all of the items listed above (for a Minor TIS, and shah also include an analysis of the following: 1. Intersection Analysis 2. Background Traffic 3. Future Traffic 4. Through Traffic 5. Planned/Proposed Roadway Improvements 6. Proposed Schedule (Phasing) of Development Application For Public Hearing For PUD Rezone 4/14/03 MARO9200q i TRAFFIC IMPACT STATEMENT (TIS) STANDARDS: The following standards shall be used in preparing a TIS for submittal in conjunction conditional use or rezone petition: with a e Trip Generation: Provide the total traffic generated by the project for each link within the project's Radius of Development Influence (RDI) in conformance with the acceptable traffic engineering principles. The rates published in the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Report shall be used unless documentation by the petitioner or the County justifies the use of alternative rates. Trip Assignment: Provide a map depicting the assignment to the network, of those trips generated by the proposed project. The assignment shall be made to all links within the RDI. Both annual average and peak seasonal traffic should be depicted. Existing Traffic: Provide a map depicting the current traffic conditions on all links within the RDI. The AADT, PSDT, and LOS shall be depicted for all links within the RDI. Level of Service {LOS): The LOS of a roadway shall be expressed in terms of the applicable Collier County Generalized Daily Service Volumes as set forth in the TCE of the GMP. 5. Radius of Development Influence (RI)I): The TIS shall cover the least of the following two are as: a) an area as set forth below; or, b) the area in which traffic assignments from the proposed project on the major thoroughfares exceeds one percent of the LOS "C". Land Use Distance Residential 5 Miles or as required by DRI Other (commercial, industrial, institutional, etc.) 0 - 49, 999 Sq. Ft. 2 Miles 50,000- 99, 999 Sq. Ft. 100,000 - 199, 999 Sq. Ft. 200,000 - 399, 999 Sq. Ft 400,000 & up 3 Miles 4 Miles 5 Miles 5 Miles In describing the RDI the TIS shall provide the measurement in road miles from the proposed project rather than a geometric radius. Intersection Analysis: An intersection analysis is required for all intersections within the RDI where the sum of the peak-hour critical lane volume is projected to exceed 1,200 Vehicles Per Hour (VPH). developed projects which may affect major thoroughfares within the RDI of the project shall be provided. This information shall be depicted on a map or, altemat listing of those projects and their respective characteristics. Background Traffic: The effects of previously approved but undeveloped or partially pro~ ~ relaxin a . [.~,~ Application For Public Hearing For PUD Rezone 4/14/03 MAR 0 9 200 e 10. 11. Future Traffic: An estimate of the effects of traditional increases in traffic resulting from potential development shall be provided. Potential development is that which may be developed maximally under the effective Future Land Use Element (FLUE) and the Collier County Land Development Code. This estimate shall be for the projected development areas within the projects RDI. A map or list of such lands with potential traffic impact calculations shall be provided. Through Traffic: At a minimum, increases in through traffic shall be addressed through the year 2015. The methodology used to derive the estimates shall be provided. It may be desirable to include any additional documentation and backup data to support the estimation as. well: Planned/Proposed Roadway Improvements: All proposed or planned roadway improvements located within the RDI should be identified. A description of the funding commitments shall also be included. Project Phasing: When a project phasing schedule is dependent upon proposed roadway improvements, a phasing schedule may be included as part of the TIS. If the traffic impacts of a project are mitigated through a phasing schedule, such a phasing schedule may be made a condition of any approval. NOTICE: This application will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. The application will be considered "closed" when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning for a period of six (6) months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re-opened by submitting a new application, repayment of all application fees and granting of a determination of"sufficiency". Further review of the project will be subject to the then current code. (LDC Section 2.2.20.2.3) Application For Public Hearing For PUD Rezone 4/14/03 A~A I~ -- MAR 0 9'200q ORDINANCE NO. 04 - AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING TIIE OFFICIAL ZONING ATLAS MAP NUMBERED $616N; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED U-NIT DEVELOPMENT KNOWN AS TERAFINA PUD LOCATED APPROXIMATELY ONE MILE NORTH OF IMMOKALEE ROAD (CR 8,46), EAST OF THE QUAIL CREEK SUBDIVISION AND NORTH OF THE OLD CYPRESS PUD, IN SECTION 16, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 637 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert L. Duane, of Hole Montes, Incorporated, representing GLH Development LLLP, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that; SECTION ONE: The zoning classification of the herein described real property located in Section 16, Township 48 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the Terafina PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 8616N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of' County Commissioners of Collier County, Florida, this ~ day of__ ,2004. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: BY: D~IGHT E. BROCK, CLERK DONNA FIALA, CHAIRMAN Approved as to Form and Legal Sufficiency Marjorie M. Student Assistant County Attorney PUDZ-2003-AR-4528/RB/lo TERAFINA A PLANNED UNIT DEVELOPMENT PREPARED BY: HOLE MONTES, INC. 950 ENCORE WAY NAPLES, FLORIDA 34110 HM PROJECT 1995087 REVISED BY HOLE MONTES ON JULY 25, 2003 REVISED BY HOLE MONTES ON NOVEMBER 29, 2001 REVISED BY COLLIER COUNTY ON OCTOBER 23, 2001 REVISED AUGUST 9, 2001 REVISED JULY, 2001 REVISED JUNE, 2001 REVISED FEBRUARY, 2001 DECEMBER, 2000 F:~PUD Documents~Terafina\SU 2-18-04.doc Date Reviewed by CCPC: Date Approved by BCC: Ordinance No. Amendments & Repeals Exhibit "A" 1 MAR 09 200 TABLE OF CONTENTS Page SECTION I Statement of Compliance .................................................. : ........... 3 SECTION II Property Ownership, Legal Description, Short Title and Statement of Unified Control ......................................................... 4 SECTION Ill Statement of Intent and Project Description ......................................... 5 SECTION IV General Development Regulations ................................................... 6 SECTION V Preserve Area Requirements ......................................................... 4-8 17 SECTION VI Permitted Uses and Dimensional Standards for Residential Development ..... -20 19 SECTION VII Permitted Uses and Dimensional Standards for Gclf Ccurs¢ the Recreation Center/Neighborhood Village Center Commercial Uses ............................................... 2-6 25 SECTION VHI Development Commitments .......................................................... gg 29 EXHIBITS Exhibit A - PUD Master Plan Exhibit B - Legal Description Exhibit C - Cross Section of Shared Buffer Area between the Olde Cypress PUD and Terafina F:~UD DocumentsXTerafina\SU 2-18-04.doc 0 9 200 1 SECTION I STATEMENT OF COMPLIANCE The development of 646-.-.5636.8 acres of property in Section 16, Township 48 South, Range 26 East Collier County, Florida, as a Planned Unit Development to be known as the Terafina PUD, will be in compliance with the goals, objectives, and policies of Collier County as set forth in the Growth Management Plan. The residential component of the project will be consistent with the growth policies, land development regulations and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: The property is located in the Urban Mixed Use District, Urban Residential Sub-district as depicted on the Future Land Use Map. The proposed gross density of 1.3 dwelling units per acre is consistent with the Future Land Use Element of the Collier County Management Plan, which allows up to four (4) dwelling units per acre at this location or a maximum of 2,586 dwelling units. The proposed density is based on the original acreage contained in the PUD (646 acres at the time of the initial zoning approval) prior to the dedication of +9.2 acres for the extension of Logan Boulevard along the Terafina Logan Boulevard road frontage. The total number of dwelling units proposed is eight hundred and fifty (850) on _-A,444- _+168 acres proposed for residential use. The subject property's location in relation to the existing or proposed community facilities and services supports the development's residential density as required in Objective 2 of the Future Land Use Element. 3. The proposed development is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 4. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. 5. The proposed development will result in an efficient and economical extension of community facilities and services as required in Policy 3.1. G of the Future Land Use Element. o The project is planned to incorporate natural systems for water management purposes in accordance with their natural functions and capabilities as required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. All final development orders for this project are subject to the Collier County Concurrency Management System, as implemented by the Adequate Public Facilities Ordinance in Division 3.15 of the Land Development Code and further required by policy 2.3 of the Future Land Use Element. o The proposed 5,000 square feet of Convenience Commercial/Neighborhood Village Center Uses located in the Recreation Center/Neighborhood Village Commercial Center depicted on the PUD Master Plan is consistent with the Future Land Use Element PUD Neighborhood Village Center Subdistrict. F:~PUD Documents\Terafina\SU 2-18-04.doc SECTION II 3 MARO§2ooq ! 2.1 2.2 2.3 PROPERTY OWNERSHIP, LEGAL DESCRIPTION, SHORT TITLE AND STATEMENT OF UNIFIED CONTROL Property Ownership GLH Development, L.L.L.P. By: G.L. Homes of Naples Associates II, Ltd., the General Partner of GLH Development, L.L.L.P. By: G.L. Homes of Naples II Corporation, the General Partner of G.L. Homes of Naples Associates II, Ltd. Legal Description Section 16, Township 48 South, Range 26 East, Collier County, Florida, less and except the west 80' thereof (conveyed to Collier County by that certain Warranty Deed recorded in Official Record Book 3052, Page 0750), and, more particularly, described in Exhibit "B" General Description of Property The property is located approximately 1.5 miles east of 1-75, and one (1) mile north of Immokalee Road. Physical Description The subject property is vacant at the time of the application for rezoning. This site currently drains from the northeast to the southwest. Soil types on the site are (3) Malafar Fine Sand; (7) Immokalee Fine Sand; (14) Pineda Fine Sand & Limestone Substratum; (21) Boca Fine Sand; and (25) Boca, Rivieria, Limestone Substratum, and Copeland Fine Sands, depressional (16) Oldmar Fine Sand (10) Oldsmar Fine Sand Limestone Substratum. The property is located in Flood Zone X. ^ "-:-"~ ..... ~ f ^ ~ PUD. The zoning classification prior to the date of approval of this PUD was, .~, .......... ~, ,~ 2.4 Short Title 2.5 This Ordinance shall be known and cited as the "Terafina Planned Unit Development Ordinance". Statement of Unified Control This statement represents that the current property owner has lands under unified control for the purpose of obtaining PUD zoning on the subject property. F:kPUD DocumentsWerafina\SU 2-18-04.doc 4 AGEJ~A ITEM ~AR 0 9 200~ SECTION m STATEMENT OF INTENT AND PROJECT DESCRIPTION 3.1 Introduction It is the intent of this Ordinance is to establish a Planned' Unit Development meeting the requirements as set forth in Section 2.2.20 of the Collier County Land Development Code (LDC). The purpose of this document is to set forth guidelines for the future development of the project that meet accepted planning principles and practices, and to implement the Collier County Growth Management Plan. 3.2 Project Description The project contains ':'~:,.,~,,.~, < 636.8 acres and includes land area for residential ,,,,~-'~ 6-,,-~"~c ,~,,,~,o,, ....... development including preservation areas comprising (+_277. 74 acres), q'"'~ ................ ~ :r ...... : .... ~" ~ ................ ~ The maximum number of dwelling units permitted is eight hundred fifty (850). The project will be developed as a mixed use residential community, which may feature an array of dwelling types, and a recreation center, providing for activities such as community gatherings and recreational amenities central to the community residents; including convenience commercial uses. Access will be provided from an existing sixty-foot (60') wide easement (recorded in O.R. Book 2429, Pages 0275-0282) that runs from Immokalee Road north to the southern property limits of Terafina, from thence access will be provided from an existing 80' right-of-way conveyed to Collier County by that certain Warranty Deed recorded in Official Record Book 3052, Page 0750 (in compliance with condition 8.2.H of Ordinance 2001-71 (original Terafina PUD development order)) located along the western property line t~at thus provides providing access to the south to Immokalee Road and future access for lands located to the north. 3.3 Land Use Plan and Project Phasing The PUD Master Plan provides for areas of commercial and residential use, water management areas, and retained vegetation areas and road rights-of-way as depicted on Exhibit "A". The PUD Master Plan is designed to be flexible with regard to the placement of buildings, tracts and related utilities and water management facilities. More specific commitments will be made at the time of Site Development Plan and permitting approval, based on compliance with all applicable requirements of this Ordinance, the LDC and local, state and federal permitting requirements. All tracts may be combined or developed separately subject to compliance with the applicable dimensional requirements contained within this document. F:~UD Documents\Terafina\SU 2-18-04.doc The anticipated time of build-out of the project is approximately eight (8) years from the time of issuance of the first building permit, or 2Cu08 2011. However, actual build-out will depend on market conditions. SECTION IV GENERAL DEVELOPMENT REGULATIONS The purpose of this Section is to set forth the development regulations that may be applied generally to the development of the Terafina Planned Unit Development and Master Plan. 4.1 General The following are general provisions applicable to the PUD Master Plan: mo Regulations for development of the Terafina PUD shall be in accorciance with the contents of this document, the PUD Planned Unit Development District and other applicable sections and parts of the LDC and the Collier County 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. The developer, his successor or assignee, agree to follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this agreement. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of building permit application. Ail conditions imposed and all graphic material presented depicting restrictions for the development of the Terafina PUD shall become part of the regulations that govern the manner in which this site may be developed. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities, of the LDC at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. -E. Unless specifically waived through any variance or waiver provisions of any other applicable regulations, the provisions of those regulations not otherwise provided for within this PUD remain in full force and effect. 4.2 Site Clearing and Drainage Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the Collier County LDC and the standards and commitments of this document in effect at the time of construction plan approval. 4.3 Easements for Utilities Easements, where required, shall be provided for water management areas, utilities and other purposes as may be required by Collier County. All necessary easements, dedications or other instruments shall be granted to ensure the continued operation and maintenance [~t afl ~,~fil~tl utilities. This will be in compliance with the applicable regulations in effect at th{[ tim~ons~ plans and plat approvals are requested. Easements dedicated to Collier Count~shall ¢"~ counted toward the County's open space and the retention of native vegetation requirements.~ ' ' 6 F:h°UD Documents\Terafina\SU 2-18-04.doc 4.5 4.4 Project Plan Approval Requirements Exhibit "A", the PUD Master Plan, constitutes the required PUD development plan. Subsequent to, or concurrent with PUD approval, a preliminary subdivision plat (if required) shall be submitted for the entire area covered by the PUD Master Plan. All division of property and the development of the land shall be in compliance with the subdivision regulations set forth in Section 3.2 of the LDC. Prior to the recording of the final subdivision plat, when required by the subdivision regulations set forth in Section 3.2 of the LDC, final plans of the required improvements shall receive the approval of all appropriate Collier County governmental agencies to ensure compliance with the PUD Master Plan, the County subdivision regulations and the platting laws of the State of Florida. Prior to the issuance of a building permit or other development order, the provisions of Section 3.3, Site Development Plans, shall be applied to all platted parcels, where applicable. Should no subdivision of land occur, Section 3.3 shall be applicable to the development of all tracts as shown on the PUD Master Plan. 4d~-4.5 Provision for Offsite Removal of Earthen Material The excavation of earthen material and its stockpiling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. If, after consideration of fill activities on buildable portions of the project site, there is a surplus of earthen material, offsite disposal is also hereby permitted subject to the following conditions: mo Excavation activities shall comply with the definition of a "development excavation" pursuant to Section 3.5.5.1.3 of the LDC, whereby offsite removal shall not exceed ten (10) percent of the total volume excavated up to a maximum of 20,000 cubic yards. A timetable to facilitate said removal shall be submitted to the Development Services Director for approval. Said timetable shall include the length of time it will take to complete said removal, hours of operation and haul routes. C. All other provisions of Section 3.5 of the LDC are applicable. 4.6 Lake Excavation and Set Back Requirements Lakes shall conform to the requirements described in Section 3.5.7.1.1 and Se( LDC. F:~PUD Documents~Terafina\SU 2-18-04.doc ion MAR 0 9 200~ 4.7 Sunset and Monitoring Provisions 4.8 4.9 4.10 4.11 4.12 4.13 4.14 The Terafina PUD shall be subject to Section 2.7.3.4 of the LDC, Time Limits for Approved PUD Master Plans, and Section 2.7.3.6, Monitoring Requirements. Polling Places Polling places shall be provided in accordance with Section 3.2.8.3.14 of the Collier County Land Development Code. Native Vegetation The project shall meet the requirements of Division 3.9, Vegetation Removal, Protection and Preservation of the LDC for the subject property. The preserve areas depicted on the PUD Master Plan comprise a total of (+277.74 acres or forty-three (43) percent) of the total site area and far exceed the minimum preservation area requirement of twenty-five (25) percent. Open Space In addition to the areas designated on the PUD Master Plan as buffers and lakes, open space will be allocated within each subsequent development area. Open space may be in the form of landscaping, additional buffers, passive or active recreation areas and water management facilities. The total aggregate of such open space areas shall meet or exceed the open space requirements of Section 2.6.32 of the LDC. Archaeological Resources The developer shall be subject to Section 2.2.25.8.1 of the LDC pertaining to archaeological resources in the event such resources are contained on the property. Common Area Maintenance Common area maintenance, including the maintenance of common facilities, open sphces, and water management facilities, shall be the responsibility of a homeowners' association to be established by the developer. Architectural and Site Design Standards Development of commercial uses within the Recreation Center shall meet the requirements of Division 2.8 of the LDC. Signage A. General All signage shall be in accordance with Section 2.5 of the Collie-CormW Land Development Code, ~ ~,o ,.er ........ Unless such regulations are in cc conditions set forth in this section, in which case the Terafina Planned U Ordinance shall govern. 8 F:~UD Documents\Terafina\SU 2-18-04.doc o For the purpose of the Terafina Planned Unit Development Ordinance, each platted parcel shall be considered a separate parcel of land and shall be entitled to any sign as permitted herein. Signs internal to the development shall be permitted in public or private rights-of-way subject to approval of a Collier County right-of-way permit where applicable. All signs shall be located so as not cause sight line obstructions. All internal project right-of-ways may be utilized for decorative landscaped entrance features and signage subject to review and approval from the Department of Zoning and Land Development Review for consistency with the requirements set forth herein. J Prior to Site Development Plan (SDP) submittal, a uniform sign plan shall be required that will indicate signage location, dimensions, and architectural style. All signage will be of a pedestrian scale and shall be of a uniform character. Boundary Markers (See Deviation One boundary_ marker may be located at each property comer for a total of two (2), adjacent to the Logan Boulevard. right-of-way. The boundary_ marker may contain the name of the project, and the insignia of the development and shall be set back a minimum of 50 feet from the southern and/or northern perimeter property line. The area of the project name shall not exceed 16 square feet. 2. The setback from any public right-of-way and any perimeter property line shall be (ten) 10 feet. 3. Boundary markers may be lighted provided all lights are shielded in a manner that prevents direct glare onto adjacent roadways or residences. C. Project Entrance Signs (See Deviation #2) Two ground or wall-mounted Entrance Signs may be located at the entrance of the PUD on Logan Blvd and shall not exceed 40 square feet in size. Such signs may contain the name of the development, the insignia or motto of the development, and the developer's name. Where one ground or wall mounted sign is provided the sign face area shall not exceed 80 square feet. If the sign is a single, two-sided sign, each sign face may not exceed 40 square feet in area. The sign face area shall not exceed the height or length of the wall or monument upon which it is located. o The setback for the Entrance Signs from the public right-of-wa' property line shall be 10 feet. 9 F:~r'UD Documents\Terafina\SU 2-18-04.doc and any perimeter /, MAR O 9 200q 4.15 Entrance Signs may not exceed a height of 10 feet above the finished grade level of the sign site. For the purpose of this Provision, finished grade shall be considered to be no greater than the highest crown elevation of the nearest road D...~. Construction Entrance Signs One sign, a maximum of 20 square feet is size, shall be permitted at each construction entrance, to identify the entrance as a construction vehicle entrance. No building permit is required. E.~. Internal Signs (See Deviation #3) Directional or identification signs may be allowed internal to the development. Such signs may be used to identify the location or direction of approved uses such as, but nol limited to, models or model sales centers, club house, or recreational areas. Individual signs may be a maximum of 8 square feet per side in size, or signs maintaining a common architectural theme may be combined to form a menu board with a maximum size of 24 square feet per side, and a maximum height of 8 feet. There shall be no maximum number of permitted directional or identification signs. Real Estate signs with a maximum of 4 square feet per side may be permitted in residential districts. Such signs may advertise "For Sale", "Sold To", "Lot #", or similar verbiage. No building permit is required. F. Recreation Center Signs Signs within the recreation center tract shall be subiect to the provisions of Section 4.14 A and E of this Ordinance. Signage within community recreation tracts shall not be visible from any public road right-of-way. G. Traffic Signs Traffic signs such as street signs, stop signs and speed limit signs may be designed to reflect a common architectural theme. The placement and size of signs will be in accordance with DOT criteria. Off Street Parking and Loading All off street parking and loading facilities shall be in accordance with Division 2.3 of the Collier County Land Development Code. F:LPUD Documents~Terafina\SU 2-18-04.doc 10 4.16 Landscaping All landscaping shall be in accordance with the requirements of Division 2.4 of the Collier Count,' Land Development Code and perimeter buffering shall be provided in accordance with Section 2.4.'~ of the LDC. 4.17 Work Force Housing The. owner of the subject property agrees to provide to Collier County at no cost up to 1,736 dwe'lling units which is the difference between the maximum number of dwelling units permitted by the Collier County Growth Management Plan and the 850 dwelling units authorized by the Terafina PUD for the purpose of assisting the County's work force housing program. The transfer of the remaining density and number of dwelling units to be made available for work force housing is based on the original acreage contained in the PUD (646 acres at the time of the initial zoning approval) prior to the dedication of +9.2 acres for the extension of Logan Boulevard along the Terafina Logan Boulevard road frontage. When a work force housing program is developed to utilize the transferred units, :t:those dwelling units shall be transferred to other locations under any terms and conditions the County deems necessary to achieve the goals of the work force housing program. 4.18 Sidewalks/Bikepaths mo Pursuant to LDC Section 3.2.8.3.17 and the following, sidewalks/bike paths provisions shall be permitted as follows: 1_. An internal pedestrian walkway system is permitted within drainage easements. o Sidewalks may be located outside platted rights-of-ways, when located within a separate sidewalk easement. Sidewalks may be located within landscape buffers and/or easements; however, the landscape buffer shall be increased in width by an amount equal to the encroachment, at the point of encroachment. 4.19 The primary_ project entry road and main spine road system shall have a minimum eight foot (8') wide pathway on one side of the street and five foot (5') on the other side of the street, or in the alternative a five foot (5') wide pathway on both sides of the street, which may meander in and out of the right-of-way. Streets and access improvements FAPUD Documents\Terafina\SU 2-18-04.doc Street Right of Way Width (See Deviation #4) Street right of way width: The minimum right of way width to be utilized for local streets and cul-de-sacs shall be fifty (50) feet. Drive aisles serving multi-family tracts shall not be required to meet this standard. [' AC.O~A rr~ ~fAR 09 200~ Dead-end streets '(See Deviation #5) Cul-de-sacs may exceed a length of one thousand (1,000) feet. Intersection Radii (See Deviation #6) Intersection radii: Street intersections shall be provided with a minimum of twenty (20) foot radius (face of curb) for all internal project streets and a thirty-five (35) foot radius foc intersections at project entrances. Reverse Curves (See Deviation ~7) Reverse Curves: Tangent shall not be required between reverse curves on any project streets. 4.2Q Model Homes / Sales Centers / Sales Offices / Construction Offices A.~. Construction Offices (See Deviation #8) 1._:. A temporary use permit shall be granted initially for a period not to exceed 48 months in length pursuant to the requirements of Section 2.6.33.3 of the Collier County Land Development Code (LDC). The Zoning Director may extend the temporary_ use permit for a time period equal to the date of the issuance of the last certificate of occupancy for the project. 2..~. This use may use septic tanks or holding tanks for waste disposal subject to permitting under Rule 64E06, F.A.C. and may use potable or irrigation wells. Offices located in permanent structures shall be required to connect to the central utility system at the time it becomes available. Model Homes, Sales Centers, and Sales Offices (See Deviation #9) 1.._:. Shall be permitted principal uses throughout Terafina PUD. 2_. Model homes shall be "wet" or "dry" facilities a_. "Wet" facilities may be occupied by a sales office and/or representative. b_:. "Dry_" facilities shall be unoccupied by a sales office and/or representative. c_ Transportation to and from unoccupied model homes shall be provided at a sales center, which also provides required parking and handicapped accommodations in accordance with section 2.6.33.4.1.11 of the LDC. 3_ Temporary_ use permits for model sales centers and sales offices that are located in permanent structures other than dwelling units, shall not be required 4.~. Temporary use permits for (a) model sales centers, (b) sales offices located either in permanent structures within a dwelling unit or in a temporary_ structure, (c) sales offices located in multi-family structures, and (d) wet model homes shall be required. a_ The temporary use permit shall be issued initially for a period of four (4) years. Extensions in excess of this period shall require submittal and within a "model home row", in which case the Zoning ~ the temporary_ use permit for an additional year, and ann~ is built out. approval of a conditional use petition in accordance with section 2.7.4 of the Land Development Code, except where the model sales center, sales office. or wet model homes are single family detached structures and are located ~ally~til the Pro~t~2 MAR 0 9200 12 F:\PUD Documents~Terafina\SU 2-18-04.doc o A model sales center or sales office shall require an approved site plan as follows: in the case of a permanent structure which is a detached single family dwelling unit, a Conceptual Site' Plan (CSP) which addresses section 2.6.33.4.1.11 of the LDC; in the case of a permanent structure which is other than a dwelling unit, a Site Developmen' Plan (SDP); in the case of a temporary_ structure (mobile home or sales trailer), eithe~ a Conceptual Site Plan (CSP) which addresses the requirements of section 2.6.33.4.1.11 of the LDC, or a Site Improvement Plan, depending on the extent of the work required. All other dWellings unit types require SDP approval. A maximum of twelve (12) model homes shall be permitted within this development prior to final plat approval as permitted aboye. Model homes to be located within a detached single-family dwelling unit may be approved following administrative approval of a plat and construction drawings for all required infrastructure encompassing the lots on which the models are to be constructed pursuant to Division 3.2. Temporary_ use permits for units used for sales centers in multi-family projects will not be issued prior to plat recordation and final approval of the project site development plan. Unoccupied (dry_) model homes will be permitted only in conjunction with an approved Site Development Plan for a model sales center which provides adequate parking to support the model(s). Temporary_ use permits for occupied (wet) model homes shall require a Conceptual Site Plan which addresses the requirements of Section 2.6.33.4.1.11 of the LDC. These uses may use septic tanks or holding tanks for waste disposal subject to permitting under Rule 64E06, FAC and may use potable or irrigation wells prior to the availability of central utility systems at which time a connection to the central system shall be made. All other applicable provisions of the Land Development Code pertaining to Model Homes, Sales Centers, Sales Offices, and construction office shall apply. 4.21 Changes and amendments to PUD Document or PUD Master Plan (See Deviation #10) Changes and amendments may be made .to this PUD Ordinance, PUD Master Plan as provided in Section 2.7.3.5 of the LDC. Minor changes and refinements as described herein may be made by the Developer in connection with any type of development or permit application required by the LDC. The Zoning Director shall be authorized to approve minor changes and refinements to the Terafina Master Plan upon written request of the Developer. The PUD Master Plan is a conceptual plan containing approximate acreages of each land use. The actual acreages shall be determined at the time of preliminary_ subdivision plat or site development approval and shall be consistent with jurisdictional agency determinations. A.__~. The following limitations shall apply to such requests: 1_:. The minor change or refinement shall be consistent with the Collier County Growth Management Plan and the Terafina PUD document. 2__:. The minor change or refinement shall not constitute a substantial change pursuant to Section 2.7.3.5.1 of the LDC. 3._:. The minor change or refinement shall be compatible with adjacent not create detrimental impacts to abutting land uses, water managem conservation areas within or external to the PUD. 13 F:~UD Documents\Terafina\SU 2-18-04.doc ad u .r~s.~. and shal: ~nt facilities, and MAR 0 9 200~ The following shall be deemed minor changes or refinements: 1_. ReconfiguratiOn Of lakes, P°r~, canals, preserve areas or other water managemenl facilities where such changes are consistent with the criteria of the South Floridn Water Management District or other applicable jurisdictional permitting agency and Collier County. 2..~. Internal realignment of rights of way other than a relocation of access points to the pUD, except where the access point is required by the appropriate jurisdictional agency. 3_. Reconfiguration of residential and recreation parcels when there is no net loss to areas identified as conservation or preserve Approval by the Zoning Director of a minor change or refinement may occur independently from and prior to any application for Subdivision or Site Development Plan approval, however, such approval shall not constitute an authorization for development oi implementation of the minor change or refinement without first obtaining all other necessary_ County permits and approvals. 4.22 Landscape Buffers, Berms, Fences, and Walls (See Deviation #11) Landscape buffers, berms, fences, and walls are generally permitted as a principal use throughom Terafina and shall be consistent with Division 2.4 Landscaping and Buffering of the LDC unles.,: modified herein. The following standards shall apply: A._:. Landscape berms shall have the following maximum side slopes: Grassed berms 4:1 2_. Ground covered berms: Internal to project - 3:1. Rip-rap berms 1:1 with geotextile mat. Structural walled berms - vertical B__~. Fence or wall maximum height: six feet (6'), as measured from the finished floor elevation of the nearest residential structure within the development. If the fence or wall is constructed on a landscaped berm, the wall shall not exceed six feet (6') in height from th~ top of berm elevation for berms with an average side slope of not greater than 3:1. C_-. Entry_ gates, columns and control gates and structures shall be limited to a maximum heighl of thirty-five (35) feet at the project entrance. Landscape buffers, berms, fences and wall:: may be constructed along the perimeter of the Terafina PUD boundary prior to preliminary subdivision plat and site development plan submittal, however, the required landscape plans shall be submitted to the Zoning Department for their review and approval prior to installation. Sidewalks may be located within landscape buffers and/or easements; however, th~. landscape buffer shall be increased in width by an amount equal to the encroachment, at thc, point of encroachment. F:XPUD Documents\Terafina\SU 2-18-04.doc 14 4.23 A thirty (30) foot wide shared buffer shall be provided between Terafina and the Olde Cypress PUD to the south outside of the flow way areas depicted on the PUD Master Plan in accordance with Exhibit "C" of this Ordinance. Fill Storage Notwithstanding the provisions of Section 3.2.8.3.6 of the LDC, fill storage is generally permitted as a temporary_ principal use (not to exceed 36 months) throughout the Terafina PUD. Fill material generated may be stockpiled within areas designated for residential development. Prior to stockpiling in these locations, a Vegetation Removal and Site Filling Permit, along with plans showing the locations and cross-sections shall be submitted to Collier County Planning Services Staff for review and approval. The following standards shall apply: A__~. Stockpile maximum side slope: 3:1 Bo Stockpile maximum height: thirty-five (35) feet C..__:.Fill storage shall not be permitted in Preserve Areas. 4.24 General Permitted Uses Certain uses shall be considered general permitted uses throughout the Terafina PUD except in the Preservation Areas. General permitted uses are those uses which generally serve the Developer and residents of Terafina and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1._:. Essential services as set forth under LDC, Section 2.6.9.1. 2._.:. Water management facilities and related structures. 3_. Temporary_ sewage treatment facilities. 4_ Lakes including lakes with bulkheads or other architectural or structural bank treatments. 5_:. Guardhouses, gatehouses, and access control structures. 6_:. Community and neighborhood parks, recreational facilities. 7_.. Temporary_ construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including necessary access ways, parking areas, and related uses. 8_:. Landscape features including, but not limited to, landscape buffers, berms, fences, and walls subject to the standards set forth in Section 4.22 of this PUD, i AC~=NDA ~ 9. Stock pile storage subject to the standards of LDC Section 3.5.[. 10. iD.._._ ~_! ~ ~ F:XPUD Documents\Terafina\SU 2-18-04.doc 10. Any other use, which is comparable in nature with the foregoing use, consistent with the permitted uses and purpose and intent statement of this PUD, as determined by the Board of Zoning Appeals. Development Standards: Unless otherwise set forth in this document, the following development standards shall apply to structures: o Setback from back of curb or sidewalk or edge of pavement of any road (whichever is more restrictive) - twelve feet (12') twenty-three feet (23') except for guard houses, gatehouses, and access control structures which shall have no required setback Minimum distance between unrelated structures - twelve feet (12') Maximum height of structures - See Table 1, Development Standards Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Terafina design guidelines and standards are to be in accordance with the LDC in effect at the time of Site Development Plan o Approval. All principal structures shall have a minimum setback of twenty-five (25) feet from the property line of any preserve. Accessory structures and all other site alterations shall have a minimum of a ten (10) foot setback from a property line. F:\PUD Documents\Terafina\SU 2-18-04.doc 16 SECTION V 5.1 PURPOSE PRESERVE AREA REQUIREMENTS The purpose of this Section is to identify development standards for the Preserve Areas as shown on Exhibit "A", PUD Master Plan. 5.2 PERMrITED USES The PUD Master Plan provides for (_+277.74) acres for upland and wetland preserve areas or (f-o~_ tw,o (~12) forty-three (43) percent) of the total site area. Minor adjustments may be made to the boundaries of preserve areas based on wetland permitting considerations. No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following structures in accordance with Policy 6.2.6 of the Conservation and Coastal Management Element of the Growth Management Plan: mo Permitted Principal Uses and Structures allowable under Policy 6.2.5(5)d of the Conservation and Coastal Management Element of the Growth Management Plan: 1. Passive recreation areas, boardwalks and recreational shelters; 2. Biking, hiking, and pervious nature trails, a 4_. Mitigation areas; Any other use, which is comparable in nature with the foregoing uses, consistent with the permitted uses and purpose and intent statement of this PUD as determined by the Zoning Board of Appeals. Bo Development Standards: A. Minimum Yard Requirements FAPUD Documents\Terafina\SU 2-18-04.doc 17 ^C _NOA rrr M /'7 MAR 0"9 200q 7 1. Principal structures shall be required to have a minimum setback of twenty- five feet from preserve areas. v-~--~ The PUD Master Plan has generally provided for a twenty-five foot setback from wetlands within the boundary_ of the preserve area. At the time of PSP approval further documentation will be provided that the twenty-five (25) foot setback will be maintained for principal structures from wetland areas. 2. Accessory structures shall be required to have a minimum setback of ten feet from preserve areas, unless it can be demonstrated that it will not affect the integrity of that preserve Plan. ~e PUD Master PI~ has generally provided for a twenty-five foot setback from wetl~ds within the bound~ of the prese~e ~ea. At the time of PSP approval ~her documentation will be provided that the ten (10) foot setback will be maintained for principal structures from wetl~d ~eas. B_.: Maximum Structure Height Twenty five (25) Feet FfiJ>UD Documents\Terafina\SU 2-18-04.doc 18 SECTION VI PERMITTED USES AND DIMENSIONAL STANDARDS FOR RESIDENTIAL DEVELOPMENT 6.1 Purpose The purpose of this Section is to identify permitted uses and development standards for areas within the Terafina PUD designated for residential development on the PUD Master Plan, Exhibit "A". 6.2 Maximum Dwelling Units A maximum of eight hundred and fifty (850) dwelling units is permitted on areas designated "R" on the PUD Master Plan. Dwelling units may be single or multifamily. G'aestho',:~c~ which m~e a 6.3 General Description The PUD Master Plan designates the following uses for the general use designations on said Master Plan. AREA _+ ACRES _+ PERCENTAGE 1. Residential 167.87 26.83 2. Neighborhood Village/ 7.21 1.13 Recreation Site 3. Right-of-Way 45.25 7.11 4. Lakes 86.94 13.65 5. Preserve 67.32 10.57 6. Preserve Flow way 210.42 33.05 7. Open Space 51.71 8.17 TOTAL: 636.72 The approximate acreage of the residential areas is depicted on the PUD Master acreage of all development tracts will be provided at the time of site development subdivision plat approval in accordance with Article 3, Division 3.3, and Division 3.2 of the Collier County Land Development Code. Residential areas are designed to 19 F:XPUD Documents\Terafina\SU 2-18-04.doc 6.4 internal roadways, open spaces, recreational amenity areas, water management facilities, and other similar uses typically found in residential areas. Permitted Uses and Structures No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: 2. 3. 4. 5. 6_:. Single family detached dwellings Zero-lot line dwellings Two-family and duplex dwellings Single family attached and townhouse dwellings Multi-family dwellings, including garden apartments Recreational facilities such as parks, play sidewalks/bikepaths grounds, and pedestrian Model homes and sales centers Any other use, which is comparable in nature with the foregoing uses, consistent with the permitted uses and purpose and intent statement of this PUD as determined by the Zoning Board of Appeals Accessory Uses and Structures Accessory uses and structures customarily associated with principal residential uses permitted in this District, including recreational facilities, maintenance facilities, a .......... J,~Jv ................. swm ngpoos, spas, screen enclosures, recreational facilities designed to se~e the development, ~d essential se~ices. Any other use, which is comparable in nature with the foregoing uses, consistent with the permitted uses and purpose and intent statement of this PUD as determined by the Zoning Board of Appeals. F:LPUD Documents\Terafina\SU 2-18-04.doc 20 AGENDA ITEM /) MAR 0 9 6.5 Development Standards .. TABLE 1 DEVELOPMENT STANDARDS FOR RESIDENTIAL AREAS PERMITTED USES AND SINGLE. ZERO, TWO ~ SINGLE 'STAND~DSi i : FAMILY LoT '-F~y; F :-: i ~' 7~' : BETACHED LINE & Minir~um Lot Areas 6,000 S.F. 3,500 3,500 S.F.O) 3,000 S.F. per 1 AC S.F. d.u. Minimum Lot Width t2) 50 35 45 30 100 Front Yard Setback 20(`0 15(4) 15(4) 20~4~ 20(4~ (principal and accessory uses) Side Yard Setback 6.0 0 or 12 0 or 6 0 or 12 .5 BH Rear Yard Setback: Principal 20 20 20 20 25 - lots back to back. Rear Yard Setback: Principal 1.__~0 I__Q0 I__Q 1._9_0 1.~5 - lots abutting lake~ easement areas and common open space areas RearYard Setback: Accessory 10 10 10 10 10 Structures Rear Yard Setback: accessory_ 5_ 5 5_ 5_ 5- pools and spas(5)- lots back to back. Rear Yard Setback: accessory 3 3_ 3 3- 3 screen enclosures - lots back to back. Rear Yard Setback: accessory 3 3- 3 3 3 pools and spastS~ - lots abutting lakes easement areas and common open space areas Rear Yard Setback: accessory_ _0 0 0 0 0 screen enclosures - lots abutting lake~ easement areas and common open space areas Maximum Building Height 35 35 35 35 35 Distance Between Structures N/A N/A N/A 10 .5 BH Floor Area Min. (SF) 1600 1400 1200 1200 1200 Preserve Area Setback: 2._~5 2_5- 2._~5 2_~5 2.~5 Principle Structures Preserve Area Setback: 1._Q0 10 10 1._Q0 1.__0_0 Accessory. Structures All distances are in feet unless otherwise noted. BH Building Height F:~PUD Documents\Terafina\SU 2-18-04.doc ___ - Notes 2 A Each half of a duplex un, it requires, a lot area allocation of thirty-five hundred (3,500) square feet for a total minimum lot area of seven thousand (7,000) square feet. Minimum lot width may be reduced by twenty (20) percent for cul-de-sac lots or lots located on curvilinear streets provided the minimum lot area is still maintained. Where the zero (0) foot yard option is utilized, the opposite side of the structure shall have a twelve (12) foot sideyard. Setbacks shall be ~easured from the back of the sidewalk to the face of the g~age door and must be no less than 23 feet. Should the garage door be side loaded, there must be a 23 fool' paved cleared area on a perpendicular plane to the garage door or plans must ensure that parked vehicles will not interfere with pedestrian traffic. All development lots/units shall meet LDC 2.4.6 and 2.4.7. standards for minimum landscape and buffer standards. Building height shall be the vertical distance from the first finished floor to the highest point of the roof surface of a flat or Bermuda roof, to the deck line or a mansard roof and to the mean height level between eaves and ridge of gable, hip and gambrel roofs. Accessory buildings shall be limited to twenty-five (25) feet above grade. Development of individual tracts has not been finalized at the time of rezoning with respect to the particular type of residential dwellings. The location and mixture thereof, will be based upon the following factors as are deemed appropriate by the Zoning Director for the harmonious development of each tract with a minimum of interference between different housing types based on the following criteria. 1. Physical separation of housing types into discrete areas. 2. Landscape or constructed barriers between different housing types meeting at a minimum the standards of Division 2.4, Landscaping of the Collier County Land Development Code. 3. Separation of housing types by common amenities. Maximum lot coverage will result from the application of the above development standards on individual lots and no other limitations shall apply to lot coverage for residential structures F:XPUD Documents\Terafina\SU 2-18-04.doc 22 0 9'200 7.1 hi h ..,;n ...... , .~.a ......... ~.. AGENDA ITEM F:hoUD Documents~Terafina\SU 2-18-04.doc 23 ivIAR 0 9 200~! ~. 7~ F:~PUD Documents\Teratina\SU 2-18-04.doc 24 ~AR 0 9'200~ SECTION VII PERMITYED usES AND DIMENSIONAL STANDARDS FOR RECREATION CENTER/NEIGHBORHOOD VILLAGE CENTER COMMERCIAL USES 7.1 Purpose 7.2 7.3 The purpose of this section is to identify permitted uses and development standards for areas within Terafina PUD designated on the Master Plan as "Recreation". Geneffd Description The approximate acreage of the Recreation Center 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 at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Division 3.3, and Division 3.2 respectively, ot the LDC. The Recreation Center/Neighborhood Village Commercial Center is designed as a mixed use area which will accommodate a variety of active recreational and personal services for Terafina residents and guests. Permitted Uses and Structures No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: Recreational facilities and structures such as pools, fitness facilities, clubhouse: community buildings, playgrounds, pla_~elds, and tennis courts. B.~. Commercial uses as set forth in Section 2.2.20.4.7.1.3.1 of the LDC and Section 7.4.G.3 of this Ordinance at the option of the developer, C__~. Permitted Accessory Uses and Structures Accessory uses and structures customarily associated with principal uses permitted in the district including pool equipment buildings and storage areas. Any other use, which is comparable in nature with the foregoing uses, consistent with the permitted uses and purpose and intent statement of this PUD as determined by the Zoning Board of Appeals. 7.4 Development Standards mo Minimum Yard Requirements: i }"~AGF-NDA IIEM~ 1. Front Yard: 25 feet ! ~;,.~, l}-9 r 2. Side Y~d: 15 feet ~ ~" :-~ 20 3. Re~ Y~d: 15 feet ~ a s~ 11 be ~ 4. Setback from the prope~y line abutting the l~e easement ~e ~ zero (0) feet for all princip~ ~d accesso~ structures. 25 FAPUD Documents\Terafina\SU 2- ! 8-04.doc o All principal structures shall have a minimum of twenty-five (25) foot setback from the boundary_ of a preserve area. Accessory structures shall have a minimum of a ten (10) foot setback. Maximum height of structures - Fifty (50) feet; except clock towers or similar architectural features, which shall be permitted up to sixty-five (65) feet. Co Minimum distance between principal structures - Ten (10) feet or greater if required by local fire codes at time of development. D. Minimum distance between accessory_ structures - Ten (10) feet. Eo Parking for recreational/non-commercial uses and structures constructed in the Recreation Center - one (1) space per 300 square feet and this requirement only applies to non-commercial uses. A maximum of 5,000 square feet of gross leaseable floor area for commercial uses is permitted within the Recreation Center/Neighborhood Village Commercial Center and shall conform to the following requirements. The Requirements for the Recreation Center/Neighborhood Village Commercial Center component of the PUD are set forth as follows: Land area requirement. Commercial uses not to exceed a maximum of 5,000 square feet of gross leaseable floor area in the Recreation Center/Neighborhood Village Commercial Center. Maximum floor area ratio: 0.25 for the commercial component. But not to exceed a maximum of 5,000 square feet of gross leaseable floor area. Permitted Commercial uses as set _forth in Section 2.2.20.4.7.1.3.1 of the LDC: Ma[or Category. Spec(fic uses: a. Groups 6021-6029 Commercial banks-Drive-through facilities are prohibited. b. Group 6531 Real estate agents and managers for property with PUD only. c. Group 5251 Hardware store only - 2,500 sq. ft. maximum floor area. d. Group 5331 Variety stores-2,500 sq. ft. maximum floor area. e. Group 5399 Miscellaneous general merchandise store, except catalog showrooms- 2,500 sq. ft. maximum floor area. f. Group 5411 Grocery_ stores, except frozen food and freezer plan(t)s 10.0~ ~0 maximum floor area. ~ / .~.~ g. Group 5421 Fish, meat, and seafood markets 26 MA~ l 9 '200~ Pg. F:LPUD Documents\Terafina\SU h. Group 5431 i. Group 5461 j. Group 5499 k. Group 5541 1. Groups 5611-5661 m. Group 5735 n. Group 5812 o. Group 5921 p. Group 5947 q. Group 5949 r. Group 5992 s. Group 7212 t. Group 7215 u. Group 7219 v. Group 7231 w. Group 7241 x. Group 7299 y. Group 7349 z. Group 7841 aa. Group 7991 bb. Groups 8011-8021 cc. Group 8041 only. Fruit and vegetable markets. Retail bakeries. Health food store only-2,500 sq. fl. maximum floor area. Gasoline service stations, except truck stops. Apparel and accessory_ stores-2,500 sq. ft. maximum floor area. Record and prerecorded tape stores. Easting places, except caterers and industrial and institutional food service establishments, dinner theaters, drive-in restaurants and restaurants with drive-through facilities. Liquor stores. Gift, novelty, and souvenir shops. Sewing, needlework, and piece goods stores. Florists Agents for laundries and drycleaners only. Coin-operated laundries and dry_ cleaning. Diaper service, and garment alteration and repair shops only. Beauty shops, except beauty schools and cosmetology schools. Barber shops, except barber colleges. Depilatory_ salon, electrolysis, massage parlor, shopping service for individuals, and tanning salons only. Housekeeping and maid service only. Video tape rental. Physical fitness facilities Offices and/or clinics of physicians, and offices and/or clinics of dentists. Offices and clinics of chiropractors. Permitted Non-Commercial uses: In addition to the above commercial uses, the F:XPUD Documents\Terafina\SU 2-18-04.doc Recreation Center/Neighborhood Village Commercial Center may also contain recreational facilities and other amenities of the PUD, such as a clubhouse, community center or day care center. - - i AC~NOA Unified plan of development and common ownership.~ T~'~h Center/Neighborhood Village Commercial Center shall e ,',ml~ u o ZUUq 27 architecturally integrated, plan of development with common ownership of all of the property that comprises the Recreation Center/Neighborhood Village Commercial Center. Locational criteria and functional operation. The following locational criteria and functional operating characteristics shall characterize the Recreation Center/Neighborhood Village Commercial Center: The Recreation Center/Neighborhood Village Commercial Center must be internally located within the PUD such that the site has no direct access to roads external to the PUD. The center must be located a minimum of 660 feet from the nearest external roadway providing access to the PUD. The center must be located a minimum of 330 feet from the perimeter boundaries of the PUD. The Recreation Center/Neighborhood Village Commercial Center shall be located within a 1,760 radius of 40 percent of the total number of approved residential units. (See Deviation #12.) The Recreation Center/Neighborhood Village Commercial Center shall be pedestrian-friendly meaning minimal dependency upon access by automobiles and with location and design to encourage pedestrian access, which shall be reflected in the pedestrian walkway system for the entire PUD. Off-street parking and design. In recognition of the pedestrian-friendly design of the Recreation Center/Neighborhood Village Commercial Center, as required in section 2.2.20.14.5.c. of the LDC, the number of required off-site parking spaces shall only be 50 percent of that required by Section 2.3.16 of the LDC. However, the number of off-street parking spaces provided shall not exceed 75 percent of that required by Section 2.6.13. In all other respects, off-street parking areas shall be designed in accordance with the provisions of Division 2.3 and 2.4 of the LDC. Design guidelines. The Recreation Center/Neighborhood Village Commercial Center shall be subject to, and in compliance with, the design guidelines identified to Division 2.8 of the LDC except as otherwise accepted or required herein. Signs. A unified sign plan shall be submitted and made a part of the approval for the Recreation Center/Neighborhood Village Commercial Center site development plan. The approved unified sign plan will establish signage specifications and will therefore become the sign regulations that will apply to the Recreation Center/Neighborhood Village Commercial Center. The unified sign plan shall adhere to Section 2.8.3.6.2.1. of the LDC, except that pole signs are prohibited. Signs shall be designed so that their size and location are pedestrian-oriented. 10. Phasing of development. The construction of up to 5,000 square feet of permitted commercial uses at the option of the developer is allowed v ithin ~ion Center/Neighborhood Village Commercial Center at such ti determines that there is a demand for limited commercial uses (See Deviation #13.) 28 F:huUD Documents\Terafina\SU 2-18-04.doc ne alsall~, ,t,~,,,-_~kz~p~er in the market r~lace./ MAR u u ~q SECTION vm DEVELOPMENT COMMITMENTS 8.1 Environmental Standards The purpose of this Section is to set forth the environmental commitments of the project developer. Vegetative Preserve Areas depicted on the PUD Master Plan are permitted for open space and passive recreational uses only. Vegetated preserve areas may be reconfigured provided all other applicable requirements of this Ordinance are met. All preservation areas shall be designated as Preser':atic, n Tracts or easements Preserve Areas 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. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by c- ...... t,~o..:.~ e~.,:~ Environmental Services Department Staff. Co Native vegetation preservation shall conform to the requirements of Subsection 3.9.5.5.3 of the Collier County LDC. For this site, a minimum of ~ +277.74 acres of native vegetation shall be retained on site. An exotic vegetation removal, monitoring and maintenance (exotic free) plan for the site, with emphasis on the Preservation Area, shall be submitted to the C'a~cnt Planning Secti,vn Environmental Services Department Staff for review and approval prior to final site plan/construction approval. A schedule for exotic removal within all Preservation Areas shall be submitted with the above-mentioned plan. The petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to protected wildlife species. Where protected species are observed on site, a habitat management plan for these protected species shall be submitted Current Planning £ecti~n to Environmental Services Department Stafffor review and approval prior to final site plan/construction approval. The applicant shall be subject to all environmental ordinances in effect at the time of development order approvals to which said regulations relate. 15ortions of the PUD designated as a preserve area along the eastern portion of the property will be connected as a flow-way with lands to the south in the Olde Cypress PUD District and lands to the east in the Marisol PUD District to improve water management function in the general area and to lessen flooding. All principal structures shall have a minimum setback of 25 feet from th preserve. Accessory structures and all other site alterations shall have a setback. I_. All Category_ I invasive exotic plants, as defined by the Florida Exotic F 29 F:~PUD Documents\TerafinaXSU 2-18-04.doc nini~.~m~t'~' o}~ot 0 9 200 :st Plant Councd, shall be removed from within preserve areas and subsequent annual removal of these plants (in perpetuity) shall be the responsibility of the property owner. 8.2 Transportation Requirements The purpose of this Section is to set forth the transportation commitments of the project development. The developer shall provide arterial level street lighting at the project entrance. Such lighting shall be in place prior to the issuance of any certificate of occupancy. The road impact fee shall be as set forth in the Collier County Consolidated Impact Fee Ordinance No. 2001-13 and shall be paid at the time building permits are issued or as provided for by the Adequate Public Facilities Ordinance. Internal access improvements shall not be subject to impact fee credits and shall be in place before any certificates of occupancy are issued. Do All traffic control devices used shall conform to the Manual on Uniform Traffic Control Devices as required by Chapter 316.0745, Florida Statutes. Roads internal to the project serving the residential uses shall be private and dedicated to the Homeowners Association for perpetual maintenance. The developer shall provide turn lanes at the project entrance prior to the issuance of the first certificate of occupancy for the first structure in accordance with the Collier County Public Right-of-Way Manual and Ordinance 82-91. Go The developer shall make a fair share contribution towards the capital cost of traffic signals at the project entrance when deemed warranted by the Transportation Services Administrator, or designee, which is anticipated to be necessary for the efficient distribution of traffic in the general area. These signals will be owned, operated and maintained by Collier County. Ho An additional twenty (20') feet of right-of-way will be provided along the western edge of the Terafina Development to provide for a total of eighty (80') feet of right-of-way along the extension of Logan Blvd. A sixty (60') foot right-of-way presently exists. The developer of Terafina will construct the extension of Logan Blvd. to the proposed project entrance for Terafina. The additional road right-of-way will be dedicated to Collier County at the time of platting or within ninety (90) days upon request from Collier County. (NOTE: Since approval of the original Terafina PUD development order (Ordinance 2001-071), the property owner conveyed the additional 20' of right-of-way as required (Official Record Book 3052, Page 0750). Conveyance therefore established a total of 80' of right-of-way for future Logan Blvd.) g.J_. The Terafina PUD is vested for traffic concurrency associated with the executed Standard Form Collier County Contribution Agreement for Road Impact Fee Credits (No. 2002-009- TR-GL Homes) dated December 17, 2002. The developer may commence on site horizontal construction only wi time that the four laning of Immokalee Road is complete up to C.R. 95 3O F:~PUD Documents\Terafina~SU 2-18-04.doc hin Terafina at the 0 9 200 8.3 Utility Requirements The purpose of this Section is to set forth the utilities and engineering commitments of the project developer. mo Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 2001-156, as amended, and other applicable County rules and regulations. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the County not be in a position to provide sewer service to the project, the sewer customers shall be customers of the interim utility established to serve the project until the County's off-site sewer facilities are available to serve the project. Co Prior to approval of construction documents by the County, the developer must present verification, pursuant to Chapter 367, Florida Statutes, that the Florida Public Service Commission has granted territorial rights to the developer to provide sewer service to the project until the County can provide these services through its sewer facilities. The utility construction documents for the project's sewerage system shall contain the design and construction of an on-site force main, which will ultimately connect the project to the future central sewerage facilities of Collier County. The force main must be interconnected to the pump station with appropriately located valves to permit for simple redirection of the project's sewage, when connection to the County's central sewer facilities becomes available. mo Easements will be provided to Collier County Utilities for three separate well filed locations. Two of the well site areas will be approximately 30x30 square feet in area, and a third site will be approximately 40x40 square feet in area to provide for a well house. These sites will be spaced a minimum of IA of a mile apart. These facilities will be located along the eastern edge of the Logan Boulevard fight-of-way or, in the altemative, along a 30 foot easement along the northern property line shared with the Parklands PUD to the north if feasible These easement areas will be provided to Collier County Utilities upon request 8.4 Engineering Requirements mo Bo Detailed paving, grading, site drainage and utility plans shall be submitted to the Development Services Department for review. No construction permits shall be issued unless detailed paving, grading, site drainage and utility plans are submitted and until approval of the proposed construction, in accordance with the submitted plans, is granted by the Development Services Department. A copy of the SFWMD Surface Water Management Permit must Development Services staff prior to any construction drawing approva FAPUD Documents\Terafina\SU 2-18-04.doc 31 Co Do Subdivision of the site shall require platting in accordance with Section 3.2 of the LDC to define the right-of-way and tracts shown on the PUD Master Plan. The developer and all subsequent owners of this project shall be required to satisfy the requirements of all County Ordinances or Codes in effect prior to or concurrent with any subsequent development order relating to this site, including but not limited to preliminary subdivision plat, site development plan and any other applications that will result in the issuance of a final development order. F:XPUD Documents\Terafina\SU 2-18-04.doc 32 8.5 Water Management Requirements 8.6 The purpose of this Section is to set forth the water management commitments of the projec' developer. mo Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County LDC, except that excavation for water management features shall be'allowed within twenty (20) feet from side, rear or abutting property lines, with side, rear or abutting property lines fenced. Landscaping may be placed within the water management area in accordance with the criteria established within Section 2.4.7.3 of the LDC. The wet season water table elevation shall be established at the time of South Florida Water Management District (SFWMD) permitting, which is required for the subject property. A surface water management permit must be obtained from the SFWMD prior to any subdivision or site plan approval. Should the extension of Logan Blvd. be constructed by The Parklands, Terafina will provide for the necessary area for storm water management within the boundaries of Terafina to advance the construction of this roadway providing the necessary permits are obtained by The Parklands. Parks and Recreation Facilities A playground for children will be provided for in the recreation area depicted on the PUD Master Plan. F:\PUD Documents\Terafina\SU 2-18-04.doc 33 <~z) EXItlBIT B LEGAL DESCRIPTION ALL OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, SUBJECT TO PHOSPHATE, MINERAL, METAL AND PETROLEUM RESERVATIONS RESERVED TO THE STATE BOARD OF EDUCATION IN DEED RECORDED IN DEED BOOK 37, PAGE 93, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND EXCEPTING THE WEST 80 FEET AND WEST 2,670 OF THE SOUTH 60 FEET AS A ROADWAY EASEMENT FOR INGRESS AND EGRESS. W:\1995\1995087'xRLDLPUD\EXHiBIT B - LEGAL DESCRIPTION.doc MAR 0 9 '200Q ORDINANCE NO. 04 - AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUN'IS', FLORIDA BY AMENDING TIlE OFFICIAL ZONING ATLAS MAP NUMBERED 8616N; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PkANNED UNIT DEVELOPMENT KNOW'N AS TERAFINA PUD LOCATED APPROXIMATELY ONE MILE NORTH OF IMMOKALEE ROAD (CR 846), EAST OF THE QUAIL CREEK SUBDIVISION AND NORTH OF THE OLD CYPRESS PUD, IN SECTION 16, TO%q'4SHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 637 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert L. Duane, of ltole Montes, Incorporated, representing GLH Development LLLP, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that; SECTION ONE: The zoning classification of the herein described real propert3, located in Section 16, To,.',nship 48 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the Terafina PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 8616N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing v, ith lhe Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ,2004. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: BY: DONNA FIALA, CHAIRblAN DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency Marjorie M. Student Assistant County' Attorney PUDZ-2003-AR-4528/P..B/Io 0 g 200 EXECUTIVE SUMMARY PUDZ-2003-AR-4648, FLORIDA CONFERENCE ASSOCIATION OF SEVENTH-DAY ADVENTISTS REPRESENTED BY ROBERT L. DUANE, OF HOLE MONTES, INC., AND RICHARD D. YOVANOVICH, ESQ., OF GOODLETTE, COLEMAN & JOHNSON, REQUESTING A REZONE FROM "A" RURAL AGRICULTURAL AND "pUD" PLANNED UNIT DEVELOPMENT TO PUD KNOWN AS THE LOCH RIDGE PIJ~D BY AMENDING THE PUD MASTER PLAN TO INCREASE ACREAGE FROM 13.44 ACRES TO 18.05 ACRES, SHOW A CHANGE IN OWNERSHIP, ADD CHURCH, PRIVATE SCHOOL, AND COMMUNITY CENTER AS PERMITTED USES, REVISE THE PLANT NURSERIES, FLORIST AND VEGETABLE SALES USES TO BE ALLOWED ONLY ON A TEMPORARY BASIS FOR UP TO THREE YEARS, ELIMINATE ASSISTED LIVING FACILITY AS A PERMITTED USE, AND ADD ACCESSORY USES RELATED TO CHURCH AND SCHOOL. PROPERTY IS LOCATED ON THE SOUTH SIDE OF DAVIS BOULEVARD, APPROXIMATELY 2000 FEET EAST OF T~. KINGS WAY/DAVIS BOULEVARD INTERSECTION, IN SECTION 7, TOWNSHIP 50 SOUTH, RANGE 26 EAST,. COLLIER COUNTY, FLORIDA. OBJECTIVE: staff is requesting that the Board review staff's findings and recommendations along with the rec~iii~iid-atl'~h~ of the Collier County Plai~ning Conunission (cCPC) regarding the above`' referenced .P!armed Unit Development (PUD) Rezone petition and render a decision regarding the p?tition.~ ' CONSIDERATIONS: The purpose of the proposed PUD rezone is to incorporate 4.65 acres of land into the geographic boundaries of the existing Loch Ridge PUD and to amend the PUD document to allow for the development of a school, church and community center. The subject PUD is located south of Davis Boulevard, approximately one-half mile west of the Davis Boulevard/County Barn Road intersection in Section 7, Township 50 South, Range 26 East, Collier County, Florida. The existing Loch Ridge PUD comprises four separate development Tracts, "A-D". Tracts "B, C, and D" are the residential components of the PUD and comprise 64 residential units which are under separate individual ownership. Due to the individual private ownership nature of the residential Tracts and the maximized build-out of the allowable residential units authorized by the PUD, this rezone request is proposing changes that will only affect Tract "A", the commercial component of the Loch Ridge PUD. The 4.65 acres of land requested to be added is located to the immediate east of the existing Loch Ridge PUD. The proposed acreage to be rezoned within the Loch Ridge PUD is designated to be added to the existing commercial Tract "A". The acreage to be added is currently zoned Rural Page 1 of 4 AC-iENDA I'I'~M - t AR 0 9 2dO t/ Agricultural with an existing approval for a Conditional Use for an adult congregate living facility. This Conditional Use has not been acted upon and the land remains vacant. In addition to the 4.65-acre increase within Tract "A", the request seeks to amend the permitted uses contained in Section IV of the PUD document which dictates the uses and development standards for the commercial portion of the Loch Ridge PUD. Currently the commercial portion of the Loch Ridge PUD allows: a wholesale plant nursery and retail sales including garden supplies, gift shop, florist shop, fruit and vegetable sales, recreational facility and an assisted living facility. Tract "A" is currently developed with the "Green Thumb Nursery". The proposed rezone action seeks to amend the standards applicable to Tract "A" to allow for the future development of a school with a maximum enrollment of 50 students, a church with a maximum of 350 seats and a community center, while providing for the existing use on Tract "A", the "Green Thumb Nursery", to continue for a period of up to three years after rezoning approval until ConStruction of the Seventh Day Adventist Church and School. In addition to the church and school, a daycare facility with a maximum number of 25 children could be developed as a permitted accessory use. The proposed amendment to Section IV of the PUD document also seeks to eliminate assisted living facility as a permitted use. One deviation from the current LDC standards is sought within the revised PUD document relating to Section 2.6.11.4.2 of the LDC. This section states that when a non-residential development abuts a residentially zoned district, then the non-residential development shall provide a masonry or prefabricated concrete wall/fence. A deviation from this requirement is being sought along the westerly boundary of the property adjacent to West Crown Pointe Boulevard and the southern portion of the existing Tract "A". Both areas are requesting to deviate from the wall requirement with a Type "B" buffer. Justification for this deviation provided by the applicant cites the pass!ve nature of the use of the area, being adjacent to a recreational facility tennis court along Tract "A" and the separation that exists with the median and the right-of-way between the proposed development and the residential structures on the west side of West Crown Pointe Boulevard. Staff has reviewed the above stated conditions and supports the requested deviation. FISCAL IMPACT: Approval of this PUD rezone by and of itself will have no fiscal impact on Collier County. The development authorized by approval of the petition will result in future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development 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. The following impact fees may be applicable to this project: · Fire Impact Fee: $ 9,120.00 · Road Impact Fee: $105,270.00 · Correctional Facility Fee: $ 4,174.56 · EMS Impact Fee: $ 1,344.00 · Water Impact Fee TBD · Sewer Impact Fee TBD Page 2 of 4 AC-,i~NOA [I'?=];4 ~ MAR 09 200 The total amount of estimated impact fees for a 16,000 square foot church and 14,400 school and community center is $119,908.56. Other fees will include building permit review fees, Water and Sewer Impact Fees and other utility fees associated with connecting to the County's sewer and water system. Because impact fee requirements may be amended and the above-referenced figures are based upon the square footage described within the proposed action, the total impact feeS: qU6ted above are at best raw estimates. GROWTH MANAGEMENT IMPACT: The subject property is designated Urban (Urban Mixed-Use District, Urban Coastal Fringe Subdistrict); as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, the Urban designation permits non-residential uses including schools, community centers, churches/houses of worship and child care centers as defined in the Land Development Code. ENVIRONMENTAL ISSUES: Environmental Services staff has reviewed the petition and has incorporated safeguards within the PUD document to ensure compliance with the environmental regulations. The subject site is completely altered, isolated by a'major' r°ad~'~ develoPment, and is actively 'used by a nursery. The subject parcel is not'a viable habitat for species to nest, den or forage. No endangered, threatened, or species of special concern were observed on the site. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no survey or waiver of Historic and Archaeological Survey & Assessment is required. EAC RECOMMENDATION: The EAC did not review this petition because the site size does not meet the threshold to require that review. COLLIER COUNTY PLANNING COMMISSION {CCPC) RECOMMENDATION: This petition was heard at the February 5, 2004 CCPC meeting. The Commission motioned to forward petition CU-2003-AR-3792 with a recommendation of approval, subject to the conditions contained within the PUD Document. The MOTION PASSED UNANIMOUSLY 7-0. STAFF RECOMMENDATION: Staff has recommended approval subject to the conditions attached to the Resolution. Page 3 of 4 MAR 0 § 200% pg. ~ r PREPARED BY: MIKE BOSI, AICP PRINCIPAL PLANNER REVIEWED BY: DATE ~~/ ~,...~ 7_... RAY BI~LOWS, CHIEF PLANNER DATE DEPAR~/'MENT OF ZONING & LAND DEVELOPMENT REVIEW REVIEWED BY: .gAN MU OR DATE DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW APPROVED BY C01yIMUNITY DEVELOPMENT & ENVIRONMENTAL SBRVICES DIVISION Executive summary/PUDZ-2003-AR4648 DATE Page 4 of 4 A~A ITEM--/3 /~ MAR 0 9 200~, P~. AGENDA ITEM 8-D STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: FEBRUARY 5, 2004 SUBJECT: PETITION PUDZ-2003-AR-4648 OWNER: Florida Conference Association of Seventh-Day Adventist, a Florida not-for-profit Corporation. [055 Pine Ridge R/oad ~ 'N~pleS;'FL34IIO'.~'' ~:. : ':~ '(;3.; "~. . ~ ~' ' -'" AGENT: Robert L. Duane, AICP Hole Montes, Inc. 950 Encore Way Naples, FL 34110 Richard D. Yovanovich, Esq. Goodlette, Coleman & Johnson 4001 Tamiami rail North, Suite 300 Naples, FL 34103 REQUESTED ACTION: The petitioner is requesting a rezone from "A" Rural Agricultural and PUD to "PUD" Planned Unit Development to be known as the Loch Ridge PUD. GEOGRAPHIC LOCATION: The subject PUD is located north of Davis Boulevard, approximately one half mile west of the Davis Boulevard/County Barn Road intersection in Section 7, Township 50 South, Range 26 East, Collier County, Florida. (See illustration on following page) PUDZ-2003-AR-4648 AGE~-~ ~ PE II II \\ PhorH~: (2.39) 2,5.4--2000 .... Flor.ida CerllflGid~ of ~IR'~'YC~$ ALdhorizcdtofl No. 1772 LOCH RIDGE PUD MASTERPLAN EXHIBIT "A" PUDZ-2003-AR-4648 l \k I ! ! / / PUDZ-2003-AR-4648 PURPOSE/DESCRIPTION OF PROJECT: The purpose of the proposed PUD rezone is to incorporate 4.65 acres of land into the geographic boundaries of the existing Loch Ridge PUD and to amend the PUD document to allow for the development of a school, church and community center. The existing Loch Ridge PUD comprises of four separate development Tracts, "A-D". Tracts "B, C and D" are the residential components of the PUD and comprise 64 residential units which are under separate individual ownership. Due to the individual private ownership nature of the residential Tracts and the maximized build-out of the allowable residential units authorized by the PUD, this rezone request is proposing changes that will only affect Tract "A", the commercial component of the Loch Ridge PUD. The 4.65 acres of land requested to be added is located to the immediate east of the existing Loch Ridge PUD. The proposed acreage to be rezoned within the Loch Ridge PUD is designated to be added to the .existing commercial Tract "A". The acreage to be added is currently Zoned Rural Agricultural with an existing approval for a Conditional Use for an adult congregate living facility. This Conditional Use has not been acted upon and the land remains vacant. In addition to the 4.65-acre increase within Tract "A", the request seeks to amend the permitted uses contained 'in seCtion IV of the PUD .document which dictates the uses and development standards for the commercial portion of the Loch Ridge PUD. Currently the commercial pgrtion of the Loch Ridge PUD allows: a wholesale plant nursery and retail sales including garden supplies, gift shop, florist shop, fruit and vegetable sales, recreational facility and an assisted living facility. Tract "A" is currently developed with the "Green Thumb Nursery". The proposed rezone action seeks to amend the standards applicable to Tract "A" to allow for the future development of a school with a maximum enrollment of 50 students, a church with a maximum of 350 seats and a community center, while providing for the existing use on Tract "A", the "Green Thumb Nursery", to continue for a period of up to three years after rezoning approval until construction of the Seventh Day Adventist Church and SchOol. In addition to the church and school, a daycare facility with a maximum number of 25 children could be developed as a permitted accessory use. The proposed amendment to Section IV of the PUD document also seeks to eliminate assisted living facility as a permitted use. As noted, the requested action is focused upon the commercial Tract "A" of the Loch Ridge PUD and due to this fact; the standards that govern the residential use of the property are generally unchanged. Along with the proposed new development standards for a church and school, changes are proposed to the PUD to update it with the current acceptable standards, revised department references and appropriate LDC section citations. One deviation from the current LDC standards is sought within the revised PUD document relating to Section 2.6.11.4.2 of the LDC. This section states that when a non-residential development abuts a residentially zoned district, then the non-residential development shall provide a masonry or prefabricated concrete wall/fence. A deviation from this requirement is being sought along the westerly boundary of the property adjacent to West Crown Pointe Boulevard and Id:.:.$~,,,, ,~2°uth'~rn --- - portion of the existing Tract "A". Both areas are requesting to deviate from the wa] reo~~ PUDZ-2003-AR-4648 5 with a Type "B" buffer. Justification for this deviation provided by the applicant are; the passive nature of the use of the area, being adjacent to a recreational facility tennis court along Tract "A" and the separation that exist with the median and the right-of-way between the proposed development and the residential structures on the west side of West Crown Pointe Boulevard. Staffhas reviewed the above stated conditions and supports the requested deviation. I1 Property Boundary // SURROUNDING LAND USE AND ZONING: Subject Parcel: Existing Loch Ridge Residential Development, Retail Fruit Stand and Nursery Zoned PUD and Agricultural Surrounding- North: East: South: PUDZ-2003-AR-4648 Existing Moon Lake and Ospreys Landing residential developments ~ 3.3 and 8.9 units per acre respectfully, zoned PUD Existing Crown Pointe residential development ~ 4.2 units per acre zoned PUD Existing West Crown Pointe residential development ~ 3.2 zoned PUD 6 West: Existing West Crown Pointe residential development ~ 3.2 units per acre, zoned PUD GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Urban (Urban-Mixed Use District, Urban Residential Subdistrict) and is within the Traffic Congestion Area, as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, this Subdistrict permits residential development (variety of unit types) at a base density of 4 DU/A (dwelling units per acre) and a maximum of 16 DU/A, subject to the Density Rating System provisions; recreation and open space uses; and, a variety of community facility uses including churches and schools. Review of the Density Rating System yields this project is eligible for a maximum density of 3 DU/A. Since the site is within the Traffic Congestion Area, it is subject to a I DU/A reduction from the base density of 4 DU/A; the project does not qualify for any density bonuses. Therefore, the requested density of 3.55 DU/A (64 dwelling units/18.05 acres of total site) may be deemed not consistent with the Density Rating System contained within the Future Land Use Designation Description Section of the Future Land Use Element (FLUE). PUDZ-2003-AR-4648 AGENDA ITEM~, MAR 0 9 2~ F~UE Policy 5.1 provides that properties zoned prior to the adoption of the Plan [in 1989] and found to be consistent through the Zoning Re-evaluation Program, are consistent with the Growth Management Plan and designated on the Future Land Use Map series as properties Consistent by Policy. Loch Ridge PUD is such a property - its density was not and is not consistent with the Density Rating System; however, through the Zoning Re-evaluation Program it was determined to be "improved property". FLUE Policy 5.1 goes on to provide that these properties may be rezoned provided there is no increase in the number of dwelling units or overall use intensity. This petition prol.~'t~__.t.edu~rfe,,. ~_. , . ,~.. _residential density by virtue of increasing the project acreage while maihtaining the allowed number of dwelling units. The total site acreage may be included in the density calculation - including the expanded Tract "A" that provides for various community facility uses (church, private school, etc.); under the Density Rating System, the FLUE states: "Acreage to be used for calculating density is exclusive of the commercial and industrial portions of a project." As explained below, though the existing and proposed PUD allow some limited commercial uses (retail sales related to wholesale plant nursery, florist shop, fruit and vegetable sales) on Tract "A", it is not considered a commercial tract nor are the uses considered commercial for FLUE consistency purposes. The Loch Ridge PUD was approved in 1986 for 64 dwelling units (Tracts B, C and D); and, wholesale plant nurseries and retail sales, gift shops, florist shops, fruit and vegetable sales, and recreational facilities to serve residents of the PUD (Tract "A"). This rezoning was reviewed under, and found- to be consistent with, the provisions of the 1983 Comprehensive Plan for resid6nti~it 15foj~-cts~-the entire site acreage was utilized in calculating residential density. Despite some-V~ry-~limi/ed retail uses being allowed in the PUD, the PUD was not considered to contain _commercial uses and was not required to comply with any Comprehensive Plan proviSion for commercial uses. Generally, those uses were c6nsidered to be more agricultural in nature than commercial. FLUE Policy' 5.4 provides all rezoning must be compatible with surrounding uses. Comprehensive Planning leaves the determination of compatibility to the Zoning and Land Development Review staff as part of their review of the petition in its totality. Based upon the above analysis, staff concludes the proposed uses and density for the subject site can be deemed consistent with the Future Land Use Element. Transportation Element: Staff has reviewed the applicant's Trip Generation Memorandum evaluating the potential transportation impacts of the petition. The site-generated trips are estimated to be 1 t6 Weekday Trips at build-out. The project will not have a significant impact on Davis Boulevard (SR-84) at the site entrance and the total trips will not adversely affect the roadway level of service. The project will not have significant impacts on the remainder of the roads within the radius of influence. The trips generated by the project will not lower the operational level of service standards on any of the roadways within the influence area. Therefore, this petition is consistent with Policies 5.1 and 5.2, of the Transportation Element. The Transportation Element lists the segment of Davis Boulevard fronting the project as a 4-lane divided Arterial operating at level of service (LOS) "D". This segment is also projected t~ ~?rate PUDZ-2003-AR-4648 8 A~r-,'~)A IT]F..M~ - at'an acceptable level of service at the project build-out in 2005. Therefore, this petition is consistent with Policies 1.3 and 1.4 of the Transportation Element. Policy 9.3 of this Element encourages the interconnection of local streets between developments when feasible. The Seventh Day Adventist Church does not own a narrow strip of land between the subject property and West Crown Pointe Boulevard, effectively leaving access in the control of the adjacent property owners. The residents of West Crown Point have expressed opposition to any driveway connection onto Crown Point Boulevard. The opposition to access to West Crown Pointe Boulevard, in combination with the applicant not controlling ownership directly connecting to West Crown Pointe Boulevard, has made interconnection unfeasible. Therefore, this petition is inconsistent with Policy 9.3 of the Transportation Element. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. These criteria are specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the Land Development Code and required staff evaluation and comment. The Planning Commission to the BCC also used these criteria as the basis for their recommendation. Appropriate evaluation of petitions for amendments to PUDs should establish a factual basis for supportive action by appointed and elected decision-makers. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are summarized bY: staff, culminating in a determination of compliance, .non, compliance, or compliance with mitigation. These evaluations are comPleted as separate docUments and are attached to the staff report (See Exhibit "A" and Exhibit "B"). In addition, other Collier County staff members have completed a comprehensive evaluation of this land use petition. The cumulative analysis and subsequent recommendations of each reviewing entity has been included in the PUD document that will govern development within this project. Specific comments from selected reviews are included in the analysis contained below. Environmental Analysis: Environmental Services staff has reviewed the petition and have incorporated safeguards within the PUD document to ensure compliance with the environmental regulations. The subject site is completely altered, isolated by a major roadway and development, and is actively used by a nursery. The subject parcel is not a viable habitat for species to nest, den or forage. No endangered, threatened, or species of special concern were observed on the site. TransPortation An~tlYsis: Transportation Department staff has reviewed the petition and the PUD document that accompanies the request. The applicant's agent and transportation staff agreed to use trip generation calculations based upon the existing nursery and the proposed private school with 50 students enrolled. The Trip Generation Memo concludes that the combination of uses would produce 116 daily trips. The site-generated traffic will not degrade the level of service of any of the roadway links within the project's radius of development influence. The applicant has incorporated Transportation staffs concerns with the PUD document. Utility Issues: The Utilities Department staff has reviewed the petition and has iht public utilities are currently available to the site to accommodate the projects expected PUDZ-2003-AR-4648 icated that emar~~lr~ Department of Zoning and Land Development Staffs Zoning and Planning Analysis: Relationship to Future Land Uses: As previously noted the subject property is designated as Urban Mixed-Use, Urban Residential Sub-district. That designation allows non-residential uses, including community facilities, such as churches and related facilities. The proposed zoning action will eliminate, after a three year period, the limited commercial activity currently authorized by the-existing PUt)document in exchange for a less intense non-residential use. This exchange will fu~rth~?-'~il"~gn' ~ihe land use pattern in the local area with the FLUE by eliminating a non activity center commercial area. Considering the availability of community infrastructure and services, and the applicant's commitments in the PUD document, staff concludes that the proposed changes to the PUD document are consistent with the FLUE of the GMP. Relationship to Existing Land Uses: A discussion of this relationship concerns the compatibility` with the adjacent properties to the north, south, east, and west. The land use pattern in this area is firmly established with residential development. The land proposed to be incorporated within the Loch Ridge PUD is the sole portion remaining m. an undeveloped state. This zoning action would eliminate the current isolated Agricultural district that exists today. With surrounding land uses currently developed, staff feels the result of this rezone action - a church, school and community center - would be an improvement to the overall aesthetics and economics within the general area. The result of the rezone action will exchange limited commercial uses for that of a church, school and c.°~unity, center. The proposed uses permitted by the requested rezone action are considered more .clompatible 'USes to the surrounding .residential developments than the present commercial uses~ Access to these facilities will be restricted to Davis Boulevard to prevent conflicts or impacts to the residential points of ingress and egress. Development standards have been incorporated within the proposed PUD document to ensure neighboring properties will be protected from the impacts of the proposed church and school. The planned development standards are similar with other existing and proposed church/school projects throughout the County. The landscaping regulations are identical with those currently required bY the Land Development Code, with the exception the wall deviation request described in this staff report. Staff has reviewed the PUD document and the requested deviation and supports the request. NEIGHBORHOOD INFORMATION MEETING: The Neighborhood Information Meeting was held at the Collier County Government Center, Building "H", Room 216. Approximately 40 neighboring property owners attended the presentation given by Mr. Robert Duane of Hole Montes & Associates, agent for the petitioner, Florida Conference Association of Seventh Day Adventists. The attendees expressed no objections to the proposal, although many detailed questions were asked. They were also given information as to the process of the public hearings and an estimated timeline for the hearings to be scheduled. PUDZ-2003-AR-4648 10 MAR 0 St 200q STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) forward a recommendation of approval of petition PUDZ-03-AR-4648 subject to the conditions of approval that have been incorporated in the PUD document, with the following deviation from the Land Development Code. 1. A deviation from Section 2.6.11.4.2. of the LDC to permit a Type "B" buffer in lieu of the required wall. ?UDZ-2003-AR-4648 11 PREPARED BY: MIKE BOSI, AICP, PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: WS, CHIEF PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW .b"/USAN MURRAY, AICP, DIRECTO~R DATE "DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW /~O~PH K. S/~,ADM~ISTRATOR /I~A~I~ ' MMUN1TY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Tentatively scheduled for the March 9, 2004, Board of County Commissioners Meeting COLL~ER 'C'OUN~Y ~NING CO~',M'ISSION:!)"]~/~AJ~" ~,~.~'~ tiff"' ~ 'lEi RUSSELL X. Bi_JD~D, CHAIRMAN PUDZ-2003-AR-4648 11 MAROS2 fi4 i REZONE FINDINGS PETITION PUDZ-03-AR-4648 Section 2.7.2.5 of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change wffi be consistent with the goals, objectives & policies of the Future Land Use Map and the elements of the Growth Management Plan. The Comprehensive Planning Department has indicated that the proposed Loch Ridge PUD is consistent with all applicable elements of the Future Land Use Element (FLUE) of the Growth Managemem Plan (GMP). 2. The existing land use pattern; The subject property abuts the West Crowne Pointe PUD to the west and the Crowne Pointe PUD to the east. These abutting Planned Unit Developments are developed with single family residential developn~nt. To the north of the Davis Boulevard right-of-way lie the Moon Lake and Ospreys Landing residential Planned Unit 'Developments. These PUDs are existing residential developments at 3.3 and .8.9 units per acre respectfully. The portion of the existing Loch Ridge PUD which abuts Tract "A" (proposed for church, school and community center use) is developed with multi-family uses and a recreational facility/tennis court. The recreational facility/tennis court directly abuts the southern portion of Tract "A". 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The Loch Ridge PUD rezone, with the proposed inclusion of the 4.65 acre parcel of land zoned Rural Agricultural into the Loch Ridge PUD will not create an isolated or unrelated dislxict, rather this zoning action would eliminate the current isolated Rural Agricultural district that exist today. It is also consistent with expected land uses by virtue of its consistency with the FLUE of the GMP. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The subject 4.65 acre parcel of Agricultural land proposed to be incorporated within the Loch Ridge PUD is surrounded by the existing Loch Ridge PUD, the Crowne Pointe PUD and the Davis Boulevard right-of-way. Therefore, the proposed expan~ ic}n r~f the. Loch Ridge PUD district boundaries is logically drawn and consistent with th. the GMP. PUDZ-2003-AR-4648 FL~A MAR 0 9 200,+ p.. 17' 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The land use pattern in this area is firmly established. The land proposed to be in~. o~porated vdthin the Loch Ridge PUD is the sole portion remaining in an undeveloped state. While ~the amendment is not necessary, with surrounding land use currently developed, staff feels the result of this rezone action, a church, school and community center would be an improvement to the overall aesthetics and economics within the general area. In addition, the proposed Loch Ridge PUD is appropriate based on its compatibility with adjacent land uses. Furthermore, the subject PUD has a positive relationship to the GMP. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; The proposed church, school and community center permitted by the requested rezone action can be considered compatible uses to the surrounding residential developments. Access to these facilities will be restricted to Davis Boulevard to prevent conflicts or impacts to the residential points of ingress and egress. The aesthetic improvements e~pected from the development of the permitted uses are considered favorable to the local area and safeguards have been incorporated within the PUD document to lessen the imp%t the' l~r0posed uses will have upon the utilitarian systems which service the area. 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 otherwise affect public safety. Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Transportation Element of the GMP and was found consistent, a statement advising that this project when developed will not excessively increase traffic congestion. The proposed change will result in an overall increase of 51 in daily trips within the Loch Ridge :pUD, as determined by the Traffic Impact Analysis. The number of trips currently generate by the.existing Green Thumb Nursery/Vegetable Stand is 65, 14 daily trips more than that projected by the proposed church and school. The proposed change would actually decrease the number of trips the Loch Ridge PUD places upon the transportation system. Whether the proposed change will create a drainage problem; The proposed rezone is not expected to create a drainage problem within the ~.'~"o proposed changes to the PUD ,M,~er plan would result in a large water retentio~ pon~lt the southern portion of Tract A. This increased water retention area is e:~ct~ tc, improve the drainage for the Loch Ridge PUD PUDZ-2003-AR-4648 EXHIBIT "n" Pg._. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. The development standards for Section IV of the PUD, the section which regulates the area proposed for the church and school, have been amended to prevent any negative impacts in these areas~to the adjacent properties. 10. Whether the proposed change will adversely affect property values in the adjacent area; Property valUation is affected by a host of factors including zoning; however zoning by itself may or may not affect values, since value determination by law is driven bY market value. The mere fact that a property is given a new zoning designation or amendment may or may not affect value. However, staff is of the opinion that this petition, will not adversely affect Property values:based on the projects consistency with the Growth 'Management Plan and believes the result of the rezone request will be an aesthetic improvement to the current nursery/vegetable stand and vacant parcel. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; The surrounding land uses are fully developed residential properties, the requested rezone action will not have a .negative effect upon these properties ability to improve or redevelop. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public weffare; The proposed rezone to PUD complies with the Growth Management Plan, which is a public policy statement supporting zoning actions when they are consistent with said plans. In light of this fact, the proposed PUD does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The existing zoning for the 4.65 acre parcel of land requested to be incorporated the Loch Ridge PUD is Rural Agricultural. The property is surrounded by reside limited commercial development in an urban setting. The current Rural AD PUDZ-2003-AR-4648 EXHIBIT "A" within ttial a~ra~A ~ cula . HAR 0 9 28C; zoning of the parcel, and the constraints imposed by this zoning, greatly restricts the parcel in achieving compatibility with these surrounding uses. The proposed rezone action would result in a set of regulations for the property to better achieve the desired compatibility. Whether the change suggested is out of scale with the needs of the ~ n~i~hb~rho~dor the County; The proposed PUD is consistent with the FLUE of the Growth Management Plan. The regulations proposed by the rezone action have been designed in a manner that is compatible with the surrounding properties and the projected size of the church (16,000 square fee0 and school (8,000 square feet) are felt to be of a scale that is compatible with the surrounding neighborhood. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. There are many sites, which are zoned to accommodate the proposed development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy of infrastmcml'e and to some extent the timing of the action and all of the above criteria. The proposed rezoning action seeks to eliminate an isolated Rural Agricultural zoning disarict located within a mature urban setting. The essential question raised by this rezoning action is not whether this is the best area within the Coun[y for the proposed uses of a church ,and school, but whether a church and a school are compatible with the surrounding land uses. Staff believes that a church and school of the scale proposed are compatible with the sUrrounding land uses. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed, zoning classification. A portion of the property is currently developed with a nursery/fruit stand. The range of uses proposed is restricted to that of a church, school and community facility. To achieve these uses a limited amount of site alteration will be required. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. A multi-disciplined team responsible for jurisdictional elements of the GMP has reviewed this petition and they have found it consistent with the GMP. The conditions of approval have been incorporated into the PUD document. Staff reviews for adequacy of GMP established relationships. public services and levels of service determined that required infrastructure PUDZ-2003-AR-4648 0 [t 200q FINDINGS FOR PUD PUDZ-03-AR- 4648 Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The subject property abuts the West Crowne Pointe PUD to the west and the Crowne Pointe PUD to the east. These abutting Planned Unit Developments are developed with single family residential development with density at 3.2 and 4.2 units per acre respectfully. To the north of the Davis Boulevard right-of-way lays the Moon Lake and Ospreys Landing residential Planned Unit Developments. These PUDs are existing residential developments with density at 3.3 and 8.9 units per acre respectfully. The portion of the existing Loch ridge PUD which abuts Tract "A" (proposed for church, school and community center use) is developed with multi-family uses and a recreational facility/tennis court. The recreatiOnal facility/tennis court directly abuts the southern portion of Tract "A". The proposed uses will replace existing commercial uses to better fit the surrounding residential uses. Access to thc proposed facilities will be restricted to Davis Boulevard, an arterial roadway. A right mm lane will be provided on Davis Boulevard to gain access to the sight and prevent impacts to thc traffic flow upon the road system. The proposed uses, at the time of Site Development Plan approval will be required to ensure the adequacy of traffic, access, drainage, sewer, water and other utilities which will service the uses. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the Loch Ridge PUD application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan (GMP). The subject petition has been found consistent with the goals, objectives and policies of the GMP. The Loch Ridge PUD currently contains 64 residential units with limited commercial activity on Tract "A". The requested rezone action will not affect the existing 64 residential units, but proposes to eliminate the limited commercial activity after a three year period to be replaced with a church, school and community facility, which is consistent with the GMP (See Staff report). 4. The internal and external compatibility of proposed uses, which conditio_-: ~---, ;-*olnde restrictions on location of improvements, restrictions on design, and bufferinJand ~s~T~a - requirements. ~ ~7~' MAR 0 9 200 PUDZ-2003-AR-4648 EXHIBIT"B" pg... ,~7// The proposed action will eliminate the commercial activity within the Loch Ridge PUD after a three year time period. This commercial activity will be replaced with a church, school and community center. These proposed uses are better aligned with the character of the surrounding residential development. The development standards contained within the PUD document will ensure the proposed uses are adequately screen from these residential properties and provide for a buffering between the uses. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The mount of open space set aside by this project is consistent with the provisions of the I. and Development Code. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The proposed Loch Ridge PUD rezone is situated within a mature urban setting and will not adversely impact the timing or sequence of development that is currently allowed in the area. Furthermore, the adopted concurrency requirements ensure that further LOS degradation is not allowed or the LOS deficiency is corrected. 7. :~'~zTl~:~bility of the subject property and of surrounding areas to accommodate As noted the property is located within a mature urban setting with a vast majority of the surrounding land currently in a developed state. Ability, as applied in this context, implies. supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to ha?ards, and capacity of roads, to accommodate in-fill and redevelopment. In this regard, the area possesses the ability to support this type of expansion. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The requested action seeks to add 4.65 acres of land within the existing Loch Ridge PUD and modify the regulations pertaining to the commercial component with the PUD. The existing Loch Ridge PUD is comprised of four separate development Tracts, "A-D". Tracts "B, C and D" are the residential components of the PUD and are comprised of 64 residential units which are under separate individual ownership. Due to the individual private ownership nature of the residential Tracts and the maximized build-out of the allowable residential units authorized by the PUD, this rezone request is proposing changes that will only affect Tract "A", the commercial component of the Loch Ridge PUD. The standards that govern the residential use of the property are generally unchanged. Along with the proposed new development standards for a church and school, changes are proposed to the PUD to update it with the current acceptable standards, revised department references and appropriate LDC section citations. The requested cha PUDZ-2003-AR-4648 EXHllllT"B" Ridge PUD will bring the document into further compliance with the pertaining to Planned Unit Developments and the Land Development Code. current regulations PUDZ-2003-AR-4648 rrm'-' PUDz-2003-AR_4648 LOCH RIDGE PUD PROJECT #2003040016 DATE: 8/26/03 MIKE BOSI Petition No.: APPLICATION FOR PUBLIC HEARING FOR: ro v eZON Plier Assi~ed: Date Received: Commission District: ABOVE TO BE COMPLETED BY STAFF General lnfomation: Name of Applicant(s) Florida Conference Association of Seventh-Day Adventists, a Florida not-for-profit co _I!xnafion~ c/o Pastor Colin Rampton . . , Applicant's Mailing Address City _Naples State Apphcant's Telephone # 239-513-0295 Applicant's E-Mail Address: Not Applicable Name of Agent Robert L. Duane Agent's Mailing Address 950 Encore Way City _Naples State Florida Agent's Telephone # 239-254-2000 Fax # Agent's E-Mail Address: BobDuane ~(~holemontes. corn 1055 Pine Ridge Road Florida Zip 34110 Fax # __Not Applicable Firm Hole Momes., Inc. Zip. 341 I0 239-254-2099 Name of Agent Richard D. Yovanovich, Esq.__ Firm~Goodlette, Coleman & Johnson Agent's Mailing Address 4001 Tamiami Trail North, Suite 300 City Naples State Florida__Zip 34103 Agent's Telephone # 239-435-3535 Fax # 239-435-1218 Agent's E-Mail Address: ryovanovich~gcjlaw.com COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 MAR 0 9' 20C-~ .... *Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Not Applicable Mailing Address City State ~ Zip. Name of Homeowner Association: Mailing Address Not Applicable City State __ Zip. Name of Homeowner Association: Mailing Address Name of Master Association: Mailing Address __Not Applicable Not Applicable City State __ Zip. City. State Zip Name of Civic Association: Mailing Address Not Applicable City State __ Zip o Disclosure of Interest Information: ao If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Not Applicable Percentage of Ownership If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address, and Office H. Lewis Hendershot, President Randee R. Reynolds, Vice President Robert C. Seal, Secretary_ Jose A. LeGrand, Asst. Secy. Thomas L. Verrill, VP/Treasurer Donna Roberts, Associate Treasurer 655 N. Wymore Road Winter Park, Florida 32789 Percentage of Stock None-non-profit corp.__ If the property is in the name of a TRUSTEE, list the .beneficiaries of the trust with the percentage of interest. Name and Address Not Applicable Percentage of Interest d. If the property is in the.name of a GENERAL Or 'LIMITED PARTNERSHIP, list. the name of the general and/or limited parmers. Name and Address Not Applicable Percentage of Ownership eo If thei'e is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Not Applicable Percentage of ownership Date of Contract: If any contingency clause or contract terms involve additional individuals or officers, if a corporation, partnership, or trust. Name and Address ~No__t Applicable parties, list all g. Date subject property acquired (X) leased ( ):07/07/03Term of lease yrs./mos. ..... lf~'~fifiOner has option to buy, indicate date of option: terminates: ., or anticipated closing date and date option ho Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. D{tailed legal description of the property, covered by the ~application: (If space is m~equate., _attach on separate page.) If request involves change to more than one zoning 'district, include separate legal description for property involved in each district. ..... AppliCant'-shall submit four (4) copies of a recent survey (completed .within. the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: 7 Township: 50South Range: 26East Lot: Block: Subdivision: Plat Book Page #:__ Property I.D.#: 00401640001 Metes & Bounds Description: _(See attached Legal Description - Exhibit "A") Size of orooertv: +600 ft. X 33.0 ft. = Total Sq. Ft. Acres 4.65 * Address/general location of sub[ect properW.: See Legal Description attached as Exhibit "B" * The Legal Description for the 4.65 acres is attached as Exhibit "B". The Legal Descri the 18.05 acre PUD in its entirety is attached as Exhibit "C". 6. PUD District (LDC 2.2.20.4): [5~ Residential [--] Community Facilities HAR 0 '200 3217950 OR: 3338 PG: 074? IICOIBID Il OITICIIL llCOID~ IJllllllll It imm ma~ t. CUIS lOflO.tO leU: GOODLITTI COLINI! I! IL IIi!~11 1~ Hill This m~mmmt preplred by sfld ~ufm to: Thomas F,. Maloney. F_~qui~e QUARLES & BRADY I,I,P 4~11 N. Tamiami Tail. Suile 300 Naple~ Florida 34103 PropctP/Aiq~is~?s Parcel Idcfltiac~6~ ~ 04)401640e01 qnd 0040236000~i WARRANTY DEED (ST~,TUTORY FORM- SECTION 689.02, F.S.) THIS INDENTURE, made this ''/%ay of ~Xl . ,2003, between JON AND SONJA LAIDIG FOUNDATION, INC., AN INDIANA NOT FOR PROFIT CORPORATION, whose POst office address is c/o Community Fotmdation of SI. jOSeph County. Inc.. P.O. Box 837, South Be~d. IN 46624, Grantor, and FLORIDA CONFERENCE ASSOCIATION OF SEVENTll-DAY ADVENTISTS, A FLORIDA NOT-FOR-PROFIT CORPORATION, whose post office address is 655 N. Wymore Road, Winter Park, FL 32789r17.!5, Grantee.. WITNESSETII Ihal granlor, for and in consideration of tile sum of TEN AND NO/100's ($10.00) DOLLARS, and other good and valuable consideration to said grantor paid by said grantee, the receipt Whereof is hereby acknowledged, has granted, bargained and sold to the said grantee, and Grantee's heirs, personal representatives and assigns forever, land, situated in Collier County, Florida, described as: THOSE TWO (2) PARCELS DESCRIBED ON THE AI'I'ACHED EXHIBIT "A." SUBJECT TO THOSE MAUl'ERS SET FORTH ON EXHIBIT "B." TOGETHER ~vith nil buildings and improvements situated upon the property. And grantor does hereby fully warrant the title to said hind, and will defend the same against the lawful claims of all persons whomsoever. -1- AGENOA I~ IqAR 200 OR: 3338 PG: 0?48 IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal the day and year first above written. Signed, sealed and delivered in our presence: Witness #1 g/~ Print Name of Witness #1 Withes F2 print Name of Witne~ ~ JON AND SONJA LA/DIG FOUNDATION, INC. AN INDIANA NOT FOR PROFIT CORPORATION ~n Laidig, President STATE OF '~1~1~ COUNTY OF ~_olliet~ .. THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON THE '~ ~t,_..~ DAY OF ~z ,2~3, BY JON ~IDIG, ~ PR~IDE~ OF JON AND SONJA LA1DIG FOUNDATI~, ~NC., ~ INDIANA NOT FOR PROF~ CORPO~TION, ~O [~IS PE~ONALLY ~OWN TO ME, OR [ ] PRODUCED ~ ~ AS IDE~IFICATION. NOTARY PUBLIC KK[h~RIN£ ~-2 p£PPEli~ Print Name of Notary Public MY COMMISSION EXPIRES: -2- AGENOA 0 9 '200 . EXHIBIT "A" OR: 3338 0'749 Th~ Not'th6~O feetofthe West N4 ofth~ Wc~I !12 oft~e East ID. Gl'the West I/2 oflhc Nc~.hcast I/4 kqd I~e No~ 660 fee~otr th~ ~st 1/4 orm. Eut 1/2 ofm~ we,t la orme west la oFthe Non.lit !/4, Sac~on 7, To~ 50 ~, ~ C~, ~ ~ d~f-~y ~oMe~ ~ O~al R~o~ Book 165 Pale 352 a~ O~cbl ~ B~ 202 P~l No. 2 ~1 ~t ~ of S~on 7, To--hip 50 Sou~ ~ng: 26 Eas*, Collier Count, follo~ ~ it ~ No~ c~ of~id Sc~ 7; ~cn~c nlo~g the No~ line of~t4 ~on 7, No~ l~ 5[99" W~ ~Ds~s'~ (S.~ ~4) I~ ~ Poim of Beginning of Ibc ~reel herein desch~4: b N~y 101JO f~t a~ ~ n~ ora c~lat ~e ~ m l~ No~asl ~vin8 a ndius ~f 340.~4 feet ~lh a NAR 0 9'200 OR: 3338 PG: 0750 EXHIBIT B TO WARRANTY DEED SUBJECT to taxes for 2003 and all subsequent years. ----'8'l:t~/-EC~:-to zoning and other regulatory laws, ordinances, and restrictions imposed by governmental authority; conditions, limitations, restrictions, and casements common to the subdivision, ifany. SUBJECT to easements for utility purposes as recorded in Official Records Book 837, page 1017, Public Records of Collier County, Florida. SUBJECT to easements for utility purposes as recorded in Official Records Book 926, page 756, · Public Records of. COllier County, Florida. SUBJECT to Easement recorded in Official Records Book 1083, at page 2164, as modified in Official Records Book 1176, at page 426, and Official Records Book 1202, at page 1881, all Public Records of Collier County, Florida. SUBJECT to Easement recorded in Official Records Book 1275, at page 225, o fthe Public Records of Collier County~ Florida. SUBJECT to Easement(s) granted to United Telephone Company &Florida by instrument recorded ~ in Official Record Book 1297, page 1567, Public Records of Collier County, Florida · ': "T6e'isr°~ertydeseribed in attached Exhibit A lies within the boundaries of Davis BoUlevard Water Improvement Special Ass~.sment District as evidenced by Rcsolulions recorded at OR Book. 1259~. page 2 and recorded in OR Book 1432, page 1981, and may be subject Io Ihe levying of SPecial Assessments thereof. Adjacent zoning and land use: Zoning N PUD S PUD E A/PUD W PUD E] Commercial [-] Industrial Land use Residential/Moon Lake and Ospreys Landing · Residential/Kingwood Garden Condo Vacant/Residential/Crown Pointe Residential/Crown Pointe Villas/West Crown Pointe Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section: 7 Township: 50 South Range: 26 East Lot: Block: Subdivision: Plat Book page #:__ prOperty I.D.#: 00402360005 Metes & Bounds Description: See attached Legal DescriptiOn- Exhibit "C" Rezone Request: This application is requesting a rezone from the A to the PUD zoning district(s). zoning district(s) Present Use of the Property: The 4.65 acres to be added are vacant. Tract "A" is developed with fruit and vegetable sales. Development Tracts B,C, and D are used for residential alone. Proposed Use (or range of uses) of the property:_Private school and church related uses to be added as permitted uses/commercial uses deleted/residential to remain Original PUD Name: Loch Ridge Ordinance Nos.: 86-79 & 00-38 Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provid{ statement describing the rezone request with specific reference to the criteria m Include any backup materials and documentation in support of the request. a narrative ~ "'Xt~r~DA rm'M"~2~- MAR 0 9 200~ loire-aTT nA~ A~E:NOA ITE.~: 0,9£::t EXHIBIT "B' LEGAL DESCRIFrlON FOR 4950 DAVIS BOULEVARD The North 660 feet of the West ~/~ of the West ½ of the East ~ of the West ~A of the Northeast ¼ and the North 660 feet of the East ¼ of the East ½ of the West ~ of the West ½ of thc Northeast ¼, Section 7, Township 50 South, Range 26 East, Collier County, Florida. W:L2003L2003028kLOCH RIDGE PUDXExh. B - application.doc ACtA ITEM EXHIBIT "C" LEGAL DESCRIPTION FOR LOCH RIDGE PUD The subject property is described as follows: Description oflami surveyed as furnished by Owner (OR 657, page 621) The east ~ of the west ½ of the west ~A of the northeast ¼ of Section 7, Township 50 South, Range 26 East, Collier County, Florida, less the east ¼ of the aforesaid parcel of land. ALSO LESS those lands as described in O.R. 1083, page 2162, Collier County Public Records, Collier County, Florida. And The North 660 feet of the West ~/4 of the West ~A of the East ½ of the West xA of the Northeast ¼ and the North 660 feet of the East ¼ of the East ½ of the West ¼ of the West ½ of the Northeast ¼, Section 7, Tovoa~qhip 50 Soutth Range 26 ~ Collier County, Florida. WA2003X2003028~LOCH RIDGE PUDkExh. C - applicahon.doc AGENDA ITEIvl ~ 0-9 200 PUD Re~one Considerations (LDC Section 2. 7.3.2.$) 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. Adequacy of evidence of uni. fied control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. 3. Conformity of the proposed PUD with the goals, objectives and policies 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. 5. The adeqUacy of usable open space areas in existence and as proposed to serve the development. 6. The 'timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. ~7. The ability of the subject property and of surrounding areas to accommodate expansiOn. Conformity with PUD regulations, or as to desirable modifications of such regulations in the' particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 10. Deed Restrictions: The County is legally precluded bom enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subiect property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that heating? __April 10, 2003 Public Hearinq. See attached notes. A~.~I:)A I~ ~-- MAR 0 9' 200 PRE-APPLICATION MEETING NOTES PUD Rezone r~ PUD to PUD Rezone Date: '4-R)-O'~ Time: 10: OO Firm: Project Name: /~/oplc ~ Applicant Na~a~': ~ ~-'~]~'- 'l~,~--._ Phone: Owner Name: [U,~.ab ~ SD A C.~,,ct.. Owner Address: "~. 0. T4h_x q ~ ~ Phone: Meeting Attendees: Planner: Submittal Requirements (refer to application for additional requirements) 24 Copies of the foUowing: ~] Completgd Application Pre-application Meexing Notes Conceptual Site Plan 24X 36" and One 8 'A X 11" copy PUD docmncnt and Master Plan 2 Copies of the following: [] Deeds/Legals & Survey (if boundary of original PUD is amended) [] List identifying Owner & all parties of corporation [] Owner/Agent Affidavit signed & notarized Completed Addressing Checklist : 4 Copies of the following: [] [] [] [] [] Traffic Impact Statement (TIS) or w?iver Environmental Impact Statement (ELS) or waiver Historical Survey or waiver request Utility Provisions Statement w/sketches Architectural rendering of proposed structures Survey, signed & sealed Five (5) copies of Recent Aerial Photograph (with habitat areas defined) min scaled I" = 400' One (1) Electronic version of PUD document in Word format Fees: Application Fcc: [] $5,000 + $25 per acre* [~ ($3,000 amendment) Data Conversion: [] $25 L~($15 amendment) $150.00 Fire Code Review $300.00 Pre-application fee (to be credited toward application fee upon submittal). $1600.00 Environmental Impact Statement review fee Fee Total $ *Fees to be paid after receipt of invoice from Planning Department: Property Owner Notiftcations: $1. O0 Non-certified; $3. O0 Certified return receipt mail AGENDA 92004 Meeting Notes G:\CurrentkPre-App forms\PUD pre-app.doc Revised March 28, 2003 MAR 0 9 200~ 03/19/2003 1S:09' 6595724 o~/18/03 T~E 14:28 FAX ROLE ADDRESS/NO C/Z~ClZ/~lv Pleas~ complete the following ~ submit m thc Add~ ~-vmmj~ot. Itma~.i~ bold tame ~re re{mired, ADDR ~! 1. Le~l d~sw. wi~ of~bj~t Ntop~'y or lm'~erties I~opy q'l~ description may be attached) : s~.J...~__...:..~-~;~c. 1~ -~ < ~.z. ~l. 'l "~c>'='~-co , 2. :'?o~:(lh'q~vt~-]~) numb~s) of above (anad~ to, or ~.~._-./=te wfrA. lfs=l ahno.~uo, ffmor~ 4~0 ~d S~ Da~ Boffi~ 5. ~ of~y ~~ O~Y FOR ~~ ~O~T~) 6. P~ ~j~ n~ (~licable) Not ~H~le ...... 7. P~ S~ ~ (~a~tt~ble) - N~ ~~le ............... 8. Si~ D~~t ~ N~ ~OR ~g~ PRO~~g ~ SDP 9. P~ ~- (~1~ a ~ Add~ ~m~ for e~h P~fion ~) [] PPL (Plm~ & Pl~t l~mview) .LLA (Lot Line Adjug~cm) BL (Blas~h~g Pcrmi0 [-] ROW ~f-Way~t) ~ ~S~ ~eg. R~o~ ~ Site Fin P~t) Pmjc~-t or developmcut nm]mrs pmpo.ad for, or already appearing in. eoudomirdum'do~ (if appficable; in, cate wt~-,~er propossd or eximting) _ Not Appi. i.c~bl~ , Please Check One: [] Checklist is to be Faxcd Back [-'] P~tmmally Pick~ Up .~plic~t Ntme Rob~t l.o Duaac Phone 239-254-2000 ~ 239-2.5~;2099 Signatur, on ~ Chec~st does not ~onstitute Pwj~--t ~d/or Stre~-t Nme ~plnoVal md is subject to fuAher r~iew by thc A,d~'essing S~tion. , FOR STA~,' USE ONLY Prim~-? Numb~ c~7_$~ Address Number Adctr~s Numb~ Approved by .~ ~, ~ WA2003 ~003028V~Llg'~4J)DFd~i 35TNO CHECKLIffI2~,doc MAR 0 9 200 11. Additional Submittal requirements: In addition to this completed application, the following shall be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre-application meeting. A copy of the pre-application meeting notes; .... If this rezone is being requested for a specific use, provide twenty (20)copies (this includes: HUI if affordable housing, Joyce Ernst, if residential and Sewer District, if in Immokalee) of a 24" x 36" conceptual site Immokalee/Water 1" plan [and one reduced 8~/2'' x 1 copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; · all existing and P~°Posed structures and the dimensions thereof, · provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), · ~. all existing and/or proposed parking and loading'areas [include matriX - indicating required and provided parking and loading, including required Parking for the disabled], .' required yards, open space and preserve areas, proposed locations for utilities (as well as location of existing utility services to the site), proposed and/or existing landscaping and buffering as may be required by the County, C o An architectural rendering of any proposed structures. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC), or a request for waiver if appropriate. of Transportation Land Use Cover and Forms Classification Additionally, a calculation of the acreage (or square feet) of native veget site, by area, and a calculation and location(s) of the required portion vegetation to be preserved (per LDC Section 3.9.5.5.4.). Whether or not an ElS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department ;ystem. tion ~ard~A il'rd 09 20o Statement of utility provisions (with all required attachments and sketches); A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; h. A historical and archeological survey or waiver application if property is located ~:~ ,,~ r_, ,~ ,,~. within an area of historical or archaeological probability (as identified at pre- application meeting); jo Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. An electronic version of the PUD on a disk as part of this submittal package. Boundary Survey, no more than six months old - LDC Section 2.7.3.1.2.(8) Please be advised that Section 2.7.2.3.2 (3) of the Land Development Code requires an applicant to remove their public hearing advertising sign (s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all .public hearing advertising sign (s) immediatelY. STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST NAME OF APPLICANT: Florida Conference Association of Seventh-Day Adventists, a Florida not-for-profit corporation, c/o Pastor Colin Rampton MAILING ADDRESS: CITY _Naples, 1055 Pine Ridge Road STATE Florida ZIP 34108 3. ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 4950 Davis Boulevard LEGAL DESCRIPTION: Section: 7 Township: 50 South Lot: Block: Subdivision: Plat Book Page #: Metes & Bounds Description: Range: 26 East Property I.D.#: 00401640001 (GPD TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM [~ b. CITY UTILITY SYSTEM ~] c. FRANCHISED UTILITY SYSTEM [--I PROVIDE NAME d. PACKAGE TREATMENT PLANT capacity). e. SEPTIC SYSTEM TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) AGENDA field 17. MAR e 10. 11. 12, TOTAL POPULATION TO BE SERVED: 6 PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK 3~262 GPD AVERAGE DAILY 2~175 GPD B. SEWER-PEAK 2~828 GPD AVERAGE DAILY 2,175 GPD IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: . NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is -located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water_ distribution and sewago collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall al's° include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: 'Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. Utility Provision Statement RIM 10/17/97 Church: Church School: Water use 3 GPD/seat (350 seats) Sewer use 3 GPD/seat (350 seats) Water use 15 GPD/student (75 students) Sewer use 15 GPD/student (75 students) MARO9200q " ) PUD REZONE APPLICATION SUBMITTAL CHECKIJlST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! R EQ UIREMENTS # ov NOT COPIES REQUIRED REQUIRED 1. Completed Application/PUD documents 24* 24 2. Copy of Deed(s) and list identifying Owner(s) and all 2* 2 Partners if a Corporation 3. Completed Owner/Agent Affidavit, Notarized 2* 2 4. Pre-application notes/minutes 24* 24 5. Conceptual Site Plans 24* 24 6. Environmental Impact Statement - (ELS) 4 (waiver) . 7. Aerial Photograph - (with habitat areas identified) 8. Completed Utility Provisions Statement (with required 4 4 attachments and sketches) 9. Traffic Impact Statement- (TLS) ..... ~ .... 7 (waiver) i0. HistOricM & Archaeological SUr*~y. or .Waiver Application 11. Copies of State and/or Federal Permits 4 N.A. 12. Architectural Rendering of Proposed Structure(s) 4 N.A. 13. Application Fee = $5000 + $25 per acre lilt:. Data Conversion = $25 Fire Code Review = $150 ElS Review = $1600 Check shah be made payable to: Collier County Board of Commissioners 14. An electronic version of the PUD on a disk as part of Iil¢. the submittal packet 15. Affordable Housing Density Bonus Agreement 4 N.A. including all Appendices and Exhibits. 16. Boundary Survey (no more than 6 months old) 5 5 17. OTHER REQUIREMENTS: * Documents required for Long-Range Planning Review * 1 additional copy if for affordable housing As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. Agent/Applicant Signature / MAR 0 9 200~, GOODLETTE COLEN^N Fax:239-435-1538 Jul 24 2003 15:52 P. 04 icl =zo~zuaa H # LANU U~VELUPMENT ~ 003/005 5000D~v~$ ~oule~&rd Fol&o # R/e~/.Thomas L. Verrill, Vice Pre~tng first d~ly ~r~ ~e ~d ~ that ~e the own~ of the pro~ d~c~ h~ein ~ whi~ ~ ~e ~bj~ ~ter of t~ p~ed ~ng; that aH the a~x to the q~ in th~ ~pli~tion. mclu~ng the disclosure of i~t info--ion, all s~c~, d~ ~ other t~plm~a~ matt~ aHa~ to a~ ~ a pan of th~ ~pli~mn, are ~t ~ t~ to the bmr of our ~owl~ge ~ bel~f W~I und~s~d that ~e info~ion ~ed on ~ appli~tion m~t ~ ~mpl~e and acc~ate a~ th~ the co~ of th~ fo~ w~ com~ter g~at~ or ~ p~nt~ shah not be ~ Public h~ngs ~I1 not be a~ert~ ~til t~ appli~ion ~ d~ed complete. and ail ~qu~ i~o~gon ~ ~ ~m~. ~ p~r~ ~n~ ~l~ aureole ~ L. ~ o~ Hole ~uces, ~c. to ~ o~/my r~r~enta~ in ~ ~tters rega~g t~ P~tion. Florida Conference Association o~ Seven,h-day Si~t~e of Prg~ ~ Signature of Property Owner Thomas L. Verrill, Vice Pres .. 2~ed or Printed Name of Owner Typed or Printed Name of Owner The foregoing instrument woz acknowledged bqfore me thiz ~L~J~'~day of~uly 2003_~ byThomas L. Verrill who is per$o~ally known to m~ or tta~ produce~ o.r identificatiot~ Orange State of Florida County of C-oltirr (Signature of Notary Public - State of Florida) Cynthia Duncanson (Print. Type, or Stamp Commissioned Name of Notary Public) AGENDA ITEM MAR 0 9 200 t GOODLETTE COLEMAN Id ~U ICL Fax:239-435-1638 Jul 24 2003 15:52 P. O3 H R LAND ULVLLU~#ENI ~002/006 AFFIDA ~ ,Pres. ~/~/]. Thomas L. Verrill, Vice/ be~ngj~r~t du~y ~wo.., ~s~ ~ $~ ;~ ~f ~e the o~t of ~e p~ d~d herein a~ w~'~ ~ the ~ubject ~er of the pro~ ~ng; th~ all the a~ to ~e ~mtions m th~ appl~n, including the d~clo~re of ~ ~ti~. ~ ~ch~, ~t~ and oth~ ~uppl~ta~ ~ter ~a~d to and m~ a ~n of t~ appli~ion, are hon~t and t~ to the ~t of o~ ~owltd~ and belie~ ~I ~d~nd th~ the ~fo~tion ~qu~t~ on ~ appli~t~on m~t be ~l~te and aa~rate a~ t~at ~e a~te~ of t~ fo~, w~ber ~m~ter gen~ated or ~n~ print~ shall not ~ alt~ ~blic ~a~ngs ~11 not be adv~rt~ed u~d th~ appli~a~ ~ ds~ complete, ~d aH r~ ~fo~ion ~ ~n ~b~tted. ~ our/my repr~~ ~ any ~uer~ regar~ng th~ Petition. Florida Conference Association of Sevent~-day Adve~ti st~ Signature of Property Owner 'T'~,,~ma~ L. Verrill, Vice .Pres. Typed or Printed Name of Owner rypezl or Printed Name of Owner T~ foregoing instrument wa~ aalotowledg~d before me thi~ ~,CL~'-xy of July 200~ bFThomas L. Verrill w&oi$1;~r~onallyl~nowntomeorhasproduc~d' as Mentification. State of Florida County of C.~llisr Orange t'~ignaturt of Nota~, Public - State of Florida) Cynthia Duncanson (Print, ~pe, or Stamp Commissioned Name of Notary Public) .e~-._ C. DUNCANSON ~'/,~' ~i~_ Notary Pubic - Stat~ of Florida ~z~_~ Commission # DDOSi20~- -'~"~'~'- Soeded ~ Umi~ Uotmry MAR 0 9 200 TRAFFIC IMPACT STATEMENT (TIS): A TIS is required unless waived at the pre-application meeting. The TIS required may be either a major or minor as determined at the pre-application meeting. Please note the following with regard to TIS submittals: MINOR TIS: Generally required for rezone requests for property less than 10 acres in size, although based on the intensity or unique character of a petition, a major TIS may be required for petition of ten acres or less. MAJOR TlS: Required for all other rezone requests. A minor TIS shall include the following: Trip Generation: (at build-out) Annual Average Daily Traffic Peak Hour (AADT) Peak Season Daily Traffic Peak Hour (PSDT) 2. Trip Assignment: Within Radius of Development Influence (RDI) 3. Existing Traffic: Within RDI AADT VolUmes PSDT Volumes Level of Service (LOS) 4. Impact of the proposed use on affected major thoroughfares, including any anticipated changes in level of service (LOS). 5. Any proposed improvements (to the site or the external right-of-way) such as prOviding or eliminating an ingress/egress point, or providing turn or decel lanes or other improvements. 6. Describe any proposal, to mitigate the negative impacts on the transportation system. For Rezones Only: State how this request is consistent with the applicable policies of the Traffic Circulation Element(TCE) of the Growth Management Plan (GMP), including policies 1.3, 1.4, 4.4, 5.1,5.2, 7.2 and 7.3. A Major TlS shall address ali of the items listed above (for a Minor TIS, and shall also include an analysis of the following: 1. Intersection Analysis 2. Background Traffic 3. Future Traffic 4. Through Traffic 5. Planned/Proposed Roadway Improvements 6. Proposed Schedule (Phasing) of Development TRAFFIC IMPACT STATEMENT (TLS) STANDARDS: The following standards shall be used in preparing a TIS for submittal in conjunction with a conditional use or rezone petition: Trip Generation: Provide the total traffic generated by the project for each link within the project's Radius of Development Influence (RDI) in conformance with the acceptable traffic engineering principles. The rates published in the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Report shall be used unless documentation by the petitioner or the County justifies the use of alternative rates. e Trip Assienment: Provide a map depicting the assignment to the network, of those trips generated by the proposed project. The assignment shall be made to all links within the RDI. Both annual average .and peak seasonal traffic should be depicted. 3. Existing Traffic: Provide a map depicting the current traffic conditions on all links Within the RDI. The AADT, PSDT, and LOS shall be depicted for ali links within the RDI. 4. Level of Service (LOS): The LOS of a roadway shall be expressed in terms of the apPlicable ~01!ier County Generalized Daily Service Volumes as set forth in the TCE of the GMP. 5. Radius .of Development Influence (RI)I): The TIS shall cover the least of the following two a) an area as set forth below; or, b) the area in which traffic assignments from the proposed project on the major thoroughfares exceeds one percent of the LOS "C". Land Use Distance Residential 5 Miles or as required by DRI Other (eommereial, industrial, institutional, etc.) 0 - 49, 999 Sq. Ft. 50,000 - 99, 999 Sq. Ft. 100,000 - 199, 999 Sq. Ft. 200,000 - 399, 999 Sq. Ft 400,000 & up 2 Miles 3 Miles 4 Miles: 5 Miles 5 Miles In describing the RDI the TIS shall provide the measurement in road miles from the proposed project rather than a geometric radius. Intersection Analysis: An intersection analysis is required for all intersections w RDI where the sum of the peak-hour critical lane volume is projected to exce~ Vehicles Per Hour (VPH). MAR 0 9 200~ ge 10. 11. Background Traffic: The effects of previously approved but undeveloped or partially developed projects which may affect major thoroughfares within the RDI of the proposed project shall be provided. This information shall be depicted on a map or, alternatively, in a listing of those projects and their respective characteristics. Future Traffic: An estimate of the effects of traditional increases in traffic resulting from potential development shall be provided. Potential development is that which may be developed maximally under the effective Future Land Use Element (FLUE) and the Collier County Land Development Code. This estimate shall be for the projected development areas within the projects RDI. A map or list of such lands with potential traffic impact calculations shall be provided. Through Traffic: At a minimum, increases in through traffic shall be addressed through the year 2015. The methodology used to derive the estimates shall be provided. It may be desirable to include any additional documentation and backup data to support the .estimation as well. - Planned/Proposed Roadway Improvements: All proposed or planned roadway improvements located within the RDI should be identified. A description of the funding commitments shall also be included. Proiect Phasing: When a project phasing schedule is dependent upon proposed roadway improvements, a phasing schedule may be included as part of the TIS. If the traffic impacts of a project are mitigated through a phasing schedule, such a phasing schedule may be made a condition of any approval. NOTICE: This application will be considered "open" when the determination of "sufficiency" has been. made and the application is assigned a petition processing number. The application will be considered "closed" when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning for a period of six (6) months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re-opened by submitting a new application, repayment of all application fees and granting of a determination of"sufficiency". Further review of the project will be subject to the then current code. (LDC Section 2.2.20.2.3) A~A ITEM MAR 0 9'200zl ORDINANCE NO. 04 - AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 0607N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURAL AND "PUD" PLANNED UNIT DEVELOPMENT TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE LOCH RIDGE PUD HAVING THE EFFECT OF AMENDING THE PUD MASTER PLAN TO: INCREASE ACREAGE FROM 13.44 ACRES TO 18.05 ACRES, SHOW A CHANGE IN OWNERSHIP, ADD CHURCH, PRIVATE SCHOOL, AND COMMUNITY CENTER AS PERMITTED USES, REVISE THE PLANT NURSERIES, FLORIST AND VEGETABLE SALES USES TO BE ALLOWED ONLY ON A TEMPORARY BASIS FOR UP TO THREE YEARS, ELIMINATE ASSISTED LIVING FACILITY AS A PERMITTED USE, AND ADD ACCESSORY USES RELATED TO CHURCH AND SCHOOL FOR PROPERTY LOCATED ON THE SOUTH SIDE OF DAVIS BOULEVARD, STATE ROUTE 84, APPROXIMATELY 2000 FEET EAST OF THE KINGS WAY/DAVIS BOULEVARD INTERSECTIObl, IN SECTION 7, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; PROVIDING FOR THE REPEALOF O.RI)INANCE NUMBER 86-79, AS AMENDED, THE FORMER LOCH RIDGE. PUD;, AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert L. Duane of Hole Montes, Inc., and Richard D. Yovanovich, Esquire, of Goodlette, Coleman, and Johnson, representing Florida Conference Association of Seventh Day Adventists, a Florida not-for-profit corporation, petitioned the Board of County Commissioners to change the zoning classification of the herein described real propexty. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the herein described real property located in Section 7, Township 50 South, Range 26 East, Collier County, Florida, is changed from "A" and "PUD" Planned Unit Development to "PUD" Planned Unit Development in accordance with the PUD Document attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 0607N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: Ordinance Number 86-79, known as thc Loch Ridge PUD adopted on December 9, 1986, entirety,as amended' bY the B°ard °f C°unty C°mmissi°ners °f C°llier C°unty' is hleby ~~ ~ . SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Colliei County, Florida, this __ day of ,2004. ATTEST: DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency /~ Marjorie M. Student Assistant, County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DONNA FIALA, CHAIRMAN PUDA-2003 -AR-4648/MB -2- LOCH RIDGE A PLANNED UNIT DEVELOPMENT 18.05 Acres located in Section 7, Township 50 South, Range 26 East, Collier County, Florida PREPARED BY: ROBERT L. DUANE, A.I.C.P. HOLE MONTES, INC. 950 ENCORE WAY NAPLES, FLORIDA 34110 AND RICHARD D. YOVANOVICH, ESQ. GOODLETTE, COLEMAN & JOHNSON 4001 TAMIAMI TRAIL N., SUITE 300 NAPLES, FLORIDA 34103 REVISED ON AUGUST 20, 2003 REVISED ON MAY 23, 2000 - ORDINANCE NO. 2000-38 REVISED ON DECEMBER 15, 1986 DATE APPROVED BY BCC: DECEMBER 8~ 1986- ORDINANCE NO. 1986-79 Date Issued: Date Revised: Date Approved by BCC: Ordinance No. EXHIBIT A HAR 0 9 ~00~ SECTION I SECTION II SECTION m SECTION IX( SECTION V SECTION VI TABLE OF CONTENTS Page Statement of Compliance .............................................................. 3 Property Ownership, Legal Description, Short Title and Statement of Unified Control .......................................................... 5 Statement of Intent and Project Description .......................................... 6 Land Use Regulations -Tract A ............................. '. .............. ' ........... 9 Residential Land Use Regulations - Tracts B-D .... :: ................ . ............. 11 General Development Commitments .................................................. 13 EXHIBITS Exhibit A - PUD Master Plan Exhibit B - Conceptual PUD Master Plan Detail for Church Related Uses, Private School and Community Center MAR 0 9 200 SECTION I STATEMENT OF COMPLIANCE The purpose of this section is to express the intent to create a P.U.D. on 18.05 acres of land located in part of Section 7, Township 50 South, Range 26 East, Collier County, Florida. The name of this proposed development of "Loch Ridge" as a Planned Unit Development will be in compliance with the planning goals and objectives of Collier County as set forth in the Comprehensive Plan. The residential development and associated recreational facilities along with the private school, community center and church related uses will be consistent with the growth policies and land development regulations of the Comprehensive Plan Future Land Use Element and other applicable documents for the following reasons: 1. The development shall be compatible with and complimentary to the surrounding land uses. 2. 'All improvements shall be in compliance with applicable regulations. 3. The cluStering of residential units provides for more common open space and flexibility in design and shall improve the living environment of the development. 4. The number of egress and ingress points shall be limited so as to minimize the impact upon the traffic flow along Davis Boulevard. A portion of this PUD was previously zoned PUD, Loch Ridge, that was approved for 64 dwelling units on 13.44 acres, for a gross density of 4.76 dwelling units per acre. The eligible density permitted by the FLUE is three dWelling units per acre; the site is within the Traffic Congestion Area resulting in a one dwelling unit per acre reduction from the base density of four dwelling units per acre. The residential density of that PUD, although not consistent with the Density Rating System, had previously been deemed consistent with the FLUE through the Zoning Re- evaluation Program; that PUD is identified on the Future Land Use Map Series, Consistent by Policy Maps. 7. The addition of private school, community center and church uses into the Loc} This PUD is approved for 64 dwelling units on 18.05 acres, for a gross density of 3.55 dwelling units per acre. This residential density, although not consistent with the Density Rating System, may be deemed consistent with the FLUE via Policy 5.1 which provides that a change to the former PUD zoning may be approved so long as the permitted number of dwelling units and overall intensity of development are not increased. Because the Density Rating System provides that the entire PUD acreage may be utilized in calculating residential density, this PUD results in a reduction in density from 4.76 dwelling units per acre allowed by the former PUD to 3.55 dwelling units per acre. The church, private school, and community center uses are consistent with the Urban Residential Subdistrict so their use intensity is not evaluated under Policy 5.1. Rid~~--~- ~ MAR 0 9 200 is consistent with community facility uses permitted in the Urban - Mixed Use District Urban Residential Subdistrict of the Future Land Use Element. 8. The project will be served by a complete range of services and utilities. 4 AGENDA ITEM /73' IvfAR 0 9"200~ SECTION II PROPERTY OWNERSHIP AND LEGAL DESCRIPTION 2.1 2.2 Property Ownership The subject property is currently owned by Florida Conference Association of Seventh-Day Adventists, a Florida not-for-profit corporation and property owners listed in the latest Collier County tax rolls. Legal Description The subject property is described as follows: Description of land surveyed as furnished by Owner (OR 657, page 621) The east V2 of the west V2 of the west V: of the hortheast ¼ of Section 7, Township 50 South, Range 26 East, Collier County, .Florida, less the east aA of the aforesaid parcel of land. ALSO LESS those lands as described in O.R. 1083, page 2162, Collier County Public Records, Collier County~ FI~. · ~- ' ' And The North 660 feet of the West aA of the West V: of the East ½ of the West V~ of the Northeast ¼ and the North 660 feet of the East ¼ of the East V: of the West V: of the West V~ of the Northeast aA, Section 7, Township 50 South, Range 26 East, Collier County, Florida: AGENDA I?TF~ ~ HAR 0 9 200 pg. 3.1 3.2 3.3 3.4 3.5 3.6 SECTION HI STATEMENT OF INTENT AND PROJECT DESCRIPTION Introduction It is the intention to create a mixed-use project including residential uses with recreational and other support facilities. The units shall be centered around recreational facilities, common open space, and areas of natural vegetation. The recreational facilities may consist of private swimming pools, tennis courts, a jogging trail and any other additional facilities as may be deemed desirable. Compliance with Applicable Ordinances The project is intended to be in compliance with the applicable Collier County Zoning and Subdivision regulations as well as other Collier County development codes in effect at the time permits and/or' plats are requested, unless otherwise provided for in this PUD Ordinance. Subdivision and Site Development Plan Approval Process Site Development Plan approval, shall be in accordance with the procedures set forth in Division 3.3 of the Collier County Land Development Code and subdivision approval in Division 3.2 of the Collier County Land Development Code for development of uses on Tract A. Land Uses The arrangement' of land use types is shown on the P.U.D. Master Plan. Minor changes and variations in design and acreages shall be permitted at final design to accommodate topography, vegetation, and other site conditions. The specific location and size of individual tracts and the assignment of dwelling units thereto shall be submitted to the Zoning Director for approval or denial. The final size of the recreation and open space lands will depend on the actual requirements for water management, roadway pattern, and dwelling unit size and configuration. Project Density The total acreage of "Loch Ridge" is approximately 18.05 acres. The maximum number of dwelling units to be built on the total acreage is 64. The number of dwelling units per gross acre is approximately 3.54. The density on individual parcels of land throughout the project may vary according to the type of housing placed on each parcel of land but shall comply with guidelines established in this document. Preservation of Natural Vegetation and Tree Removal 6 A~=NOA II'?=M ~ MAR 0 9 200q 3.7 3.8 3.9 Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the Collier County Land Development Code, and the standards and commitments of this document. Easements for Utilities Easements shall be provided for water management areas, utilities and other purposes as may be needed. Said easements and improvements shall be in compliance with the Collier County Land Development Code. Lake Siting As depicted on the P.U.D. Master Plan, an existing lake and natural areas have been sited adjacent to existing and planned roadways. The goals of this are to achieve an overall aesthetic character for the project, to permit optimum use of the !and, and to increase the efficiency of the water management network:' ACcordingly, the setback requirements described in Division 3.5 Excavation of Collier County Land Development Code may be reduced with the approval of the County Engineer. Exceptions to the Subdivision Regulations The following requirements of the subdivision regulations in effect at the time of rezoning approval on December 9, 1986 shall be waived; subject to the approval of the County Engineer at the time of construction Plan approval. All internal streets shall be privately owned. ' ao ArticleXI, .Section 10: Monuments where such monuments occur within street pavement areas, they shall be installed in a typical water valve cover, as prescribed in the current County standards. Article XI, Section 17G: Street Pavement Widths Waive requirements for local roads to have two (2) twelve foot lanes, reduced to tow (2) ten foot lanes. Article XI, Section 17I: Curb Radii. Reduce requirements from forty (40') foot radius to thirty (30') foot radius at local to local roads, and local to minor collector roads. do Article XI, Section 17J: Intersections requiring curved streets to have a minimum tangent of 100 feet at intersections, multiple intersections, and street jogs. e° Article XI, Section 21: Utility Casings Article II, Section 17G, Appendix "D", Local Road Typical Sect 7 MAR 0 9 200 3.10 3.11 g. Article II, Section 17R: Reverse Curves. Sidewalks IntemalqaZnli~use tracts shall be interconnected with a sidewalk/bike path and shall be coordinated with similar facilities in the Crown Pointe P.U.D., and shall connect with similar facilities on Davis Boulevard. Archaeological Resources Such resources shall be subject to Section 2.2.25.8.1 of the LDC. AGENDA ITE~ N~ /?'~ ~AR 03 200~, 4.1 4.2 4.3 SECTION IV LAND USE REGULATIONS - Tract A Purpose The purpose of this Section is to set forth the regulations for the development of Tract A as shown on the P.U.D. Master Plan. General Description. Tract 'A' as deSignated on the Master Plan is designed to accommodate uses and facilities related to retail landscaping and nursery operations on a temporary basis for up to three (3) years after this rezoning approval. At the conclusion of the three year period, Tract 'A' is designed to permanently house a church, community center and school along with support facilities including recreational facilities. ~ · .~ Permitted Uses'and Structures No building or structure, or part thereof, shall be erected, altered, or uses, or land or water used, in whole or in part, for other than the following: Co Church, private school, and community center. Wholesale plant nurseries, Florist. shops, fruit and vegetable sales and retail sales (to include the sale °fgarden supplies), gift shops to be allowed on a temporary basis for ~p to three (3) years after approval of this rezoning request. Any other uses simifar to a church related use, a community center and a private schOOl that are comparable in nature with the foregoing institutional uses and are consistent with the permitted uses and purpose and intent statement of this PUD, as determined by the Board of Zoning Appeals. 4.4. Accessory Uses 1. Uses and structures that are accessory and incidental to the permitted uses including: reCreationa! facilities, office space for church and school administration, classrooms, restrooms, auditorium, a community services center including a profit thrift or consignment center, religious book and resource center, nutrition center, day care facility, Christmas tree sales and similar temporary uses subject to a temporary use permit pursuant to the requirements of Section 2.6.33 of the LDC, public meetings, youth clubs, four (4) dwelling units for caretakers and guests, including parking for recreational vehicles during construction, and similar church, school and conununity ,,. The foregoing uses are limited to internal site locations and ~ :cess~A~A/,~,l'WOa ~.~. center uses. HAR 0 9 200 9 pg. Any other general institutional uses which are comparable in nature with the foregoing list of accessory uses and are consistent with the permitted uses and purpose and intent statement of this PUD, as determined by the Board of Zoning Appeals. 4.5. Development Standards 1. Minimum lot area: one (1) acre. Minimum lot width: one hundred (100) feet. Minimum distance between principal structures: one-half the sum of their heights. 4. Minimum setback from internal roadway edge of pavement: fifteen feet (15'). Maximum height of structures: Thirty feet (30') excluding appurtenances placed above the roof not required for human occupancy.. o Setback from parcel boundaries: Twenty five feet (25') for all buildings; for up to :three (.3) years after approval of this rezoning request fifteen feet (15') for oUtside display of plants except where adjacent to a plant nursery, then zero feet (0'). Storage of any substances identified in the EPA Toxic Substances Control Account list (Chapter 40, CFR 261, also adopted by the State as FAC 17-30) must be in the facility and the location subject to the approval of Natural Resource Department. Staff within Community Development and Environmental Services. Compliance with Division 2.8 of the LDC pertaining to Architectural and Site Design Standards. Fences and walls shall be required based on the requirements of Section 2.6.11.4.2 of the LDC. However, a six (6) foot wall shall be only required to be placed on the east and south property line of the 4.43 acres to be added to the PUD for church, community center and school use on Tract "A" as depicted on the PUD Master Plan. Furthermore, the wall shall be architecturally compatible with the existing wall along Davis Boulevard within Crown Pointe and along a portion of the western property line within Crown Pointe. (See PUD Master Plan) 10 0 9 SECTION V RESIDENTIAL LAND USE REGULATIONS TRACTS, B, C, AND D 5.1 5.2 5.4 Purpose The purpose of this Section is to,set forth'the regulations for the residential areas shown on the P.U.D. Master Plan as Tracts: B, C, and D. General Description Tracts B, C, and D as designated on the Master Plan are designed to accommodate residential dwelling units, recreational facilities, essential services, customary accessory uses, and compatible land uses. 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: Permiuec[Pfinc~ Uses~Id ~Structures: 1. Single and ~mi~lti-fanfiiy detached and attaci~ed; town home, villas, cluster housing, group housing or patio housing, and.zero lot line residential. (subject to Site Development Plan approval) 2. Water Management facilities and lakes. 3. Manager's residence. Model units shall be permitted in conjunction with the promotion of the development. The model units shall be converted to residences at the end of a two year period unless otherwise specifically approved by the County. B. Permitted Accessory Uses and Structures: 1. Customary accessory uses and structures. 2. Signs 3. Recreational facilities, maintenance and storage facilities. Development Standards 1. Minimum lot area: in accordance with Section 3.03of this document, or as by the Site Development Plan. 11 ~AR 0 9200~ 5. 6. 7. Minimum lot width: in accordance with Section 3.3 oft[tis document, or as approved by the Site Development Plan. Minimum distance between principal structures: ten feet (10'). 'Setback from internal roadway edge of payment: fifteen feet (15'). Maximum height of structures: 2 habitable stories. Minimum floor area of residential dwelling: 850 square feet. Setback from project boundaries: fifteen feet (15') from north, west and south boundaries, twenty feet (20') from east boundary. · If any of the tracts are fractionalized to be developed by individual developers, a conceptual plan for that tract shall be approved prior to fractionalization. Standards for parking, lighting, landscaping and other requirements not specifically cited herein shall be in conformance with the Zoning Regulations in effect at the time permits are sought. 12 AGENDA ITEM MAR 0'9' 2004 SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6.1 Purpose - ~ -~ pm-poseof-4his-Seetion is to set: forth the general.d~vetopamat ~tments of flTm~_ ~ 6.2 PUD Master Development Plan The PUD Master Plan [Exhibits "A" and "B") is an illustrative preliminary development plan. bo The design criteria and layout illustrated on the Master Plan shall be understood as flexible so that, the final design may satisfy the project and comply with all applicable requirements. Acreages shown on the P.U.D. Master Plan are approximate and subject to minor changes to accommodate final engineering plans. Co All necessary easements, dedications, or other ins _tmments shall be granted to insure the continued operation and maintenance of all service utilities. Minor design changes shall be permitted subject to County Staff administrative approval. 6.3 Utilities ao A central water supply system shall be made available to the project. The water supply source for the project shall be the Collier County system. The project shall be served by a central wastewater collection system. A County approved, on-site or off-site wastewater treatment and disposal facilities shall be provided and/or made available. Co All systems shall be coordinated and approved by the utilities division prior to their installation. The Utility Departments recommendations as outlined in their Memorandums dated April 3, 1986 and November 14, 1986 are attached hereto incorporated herein by reference. 6.4 Water Management ao Detailed site drainage plans shall be submitted to the County Engineer for review. No construction permits shall be issued unless and until approval of th,: Prol~ttffil~A construction in accordance with submitted plans is granted by the Counti Engiileer. IAR 0 6.5 6.6 bo No construction permits shall be issued until the Addendum to Easement Modification Agreement between Fritchey Corporation, Inc., and Dudley Goodlette, Trustee, dated June 4, 1986 is recorded with the Clerk of Courts. Co No construction permits shall be issued until receipt of the SFWMD Surface Water Permit for West Crown Pointe PUD modified to include Loch Ridge PUD. Environmental Considerations ao An exotic vegetation removal, monitoring and maintenance (exotic fr~) plan for the site, with emphasis on area of retained native vegetation, shall be submitted to Environmental Services Department Staff for review and approval prior to final site plan/construction plan approval. This PUD shall be consistent with'the Environmental seCtion of the GMP Conservation and Coastal Management Element and the LDC at the time of final development order approval. Co All Site Development Plans shall be consistent with the Environmental Section of the LDC in effect at the time of submittal. Traffic The improvements required of the Crown Pointe PUD on Davis Boulevard shall be completed before any certificates of occupancy are issued for the Loch Ridge PUD. These improvements are considered "site. related" as defined in Collier County Consolidated Impact Fee Ordinance No. 2001-13 as amended and adopted in January 2003 and shall not be applied as credits toward any impact fees required by that ordinance. Co The applicant shall be responsible for the construction of a right-turn lane at the project entrance on Davis Boulevard. Compensating right-of-way for the turn land shall be dedicated by the applicant for use of the existing right-of-way. Such dedication shall be considered site related and there shall be no road impact credit to the applicant. do All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual on Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the Collier County Land Development Code (LDC). 14 6.7 go Arterial level street lighting shall be provided at all access points. Access lighting must be in place prior to the issuance of the first Certificate of Occupancy (CO). go ho Site-related improvements necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO. Road impact fees shall be paid in accordance with Collier County Ordinance 01-13, · as amended, and Division 3.15, LDC, as it may be amended. All work within Collier County rights-of-way or public easements shall require a Right-of-Way Permit. Ail proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution 01-247), as it 'may be amended, and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this PUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway' capacity. Nothing in any development order shall vest a right of.access in excess of a right in/right out condition at any access point. Neither will the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, shall be the basis for any future cause of action for damages against the COunty by the developer, its successor in title, or, assignee. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier County shall have no responsibility for maintenance of any such facilities. If any required turn lane improvement requires the use of existing County right-of- way or easement, compensating right-of-way, shall be provided without cost to Collier County as a consequence of such improvement. mo If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or payment marking improvement within a public right-of-way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the first CO. Environmental Health 15 6.8 6.10 Any establishment requiring a CCPHU permit must submit plans for review and approval. Engineering ao The 'proposed access drives must be designed to meet the requirements of this Department at the time of requesting a fight-of-way permit. bo All drives or streets within the proposed PUD shall be privately owned and maintained. Co The requested exceptions to the Subdivision Regulations are approved if all internal streets are privately owned and 'maintained. Transportation Impact Fees ao In accordance with Collier County Consolidated Impact Fee Ordinance No. 2001-13 as amended and adopted in January 2003, requiring development to contribute its proportionate share of funds to accommodate the impact of proposed development on area roads; Loch Ridge or its successors or assigns, agrees to pay road impact fees in accordance with the ordinance, at such time as building permits are requested. Should the Board of County Commissioners determine that the above cited impact fees shall not be applied to Davis Boulevard (SR84), and in the event that Davis Boulevard (SR 84) begins to operate at Level of Service D, and if the impact of Loch Ridge, projected to buildout, represents a significant portion (in excess of 5%) of the Level of Service C design capacity of any segment of Davis Boulevard (SR 84), then the developer shall pay his fair share of the improvements needed to maintain Level of Service C for that segment, as part of a duly adopted area wide fair share funding program. Any payments made shall be deemed to be non-site related and shall be subject to a determination of credit against local impact fees required of the developer. Sidewalk/Bike Path ao Sidewalks and bike paths shall be constructed in accordance with the requirements of Section 3.2.8.3.17 of the LDC. 16 AGENDA ITM MAR 0 9 ~ ailVA3'll'lOg ~va ~ .A li _ ~ ~ _ I / , ,~ '~:, ~ ~ ww LOCH RIDGE ~~~~ MASTERPLAN ~ ~~ ~.~2 EXHIBIT 'A" AGEI;N:)A 'T~ .,,._ IqAR 0 ~ 2OO~ ~ . ,,,., ,,~,~ · _ . // ~ - ~: ,~ . ~ . I ~(x I - i,, o. ~ w~ LOCH RIDGE PUD ~ ~ ~' ~o. ~-~ MASTERPLAN ~-: i~ ~ - /, ~ ~ ~R~s ~d~o~ ~.~.2 EXHIBIT 'B' ~: ~ ~ ~ . /