Agenda 01/21/1997 RCLERK TO BOARD/~IAUREEN
4TM FLOOR
FP: 3
1ND' I
COLLIER COU%
BOARD OF COUNTY COMMISSIONerS
AGENDA
Tuesday, January 21, 1997
9:00 a.m.
NOTICEs ALL PERSONS WISHINO TO SPEAK ON ANY AGENDA ITEM
MUST REGISTER PRIOR TO SPF. AKING.
REQUESTS TO ADDRESS ~ BOARD ON SUBJECTS WHICll ARE NOT
ON THIS AGENDA MUST BE SUBMITTED IN WRITINO WITll
EXPLANATION TO ~ COUNTY MANAGER AT LEAST 13 DAYS PRIOR
TO THE DATE OF THE MEETING AND WILL BE IIF. ARD UNDER
'PUBLIC PETITIONS".
ANY PERSON WI~O DECIDES TO APPEAL A DECISION OF TIlIS
BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING
THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A
VERBATIM RECORD OF ~ PROCEEDINGS IS MADE, WHIC~ RECORD
INCLUDES THE TESTIMONY AND EVIDENCE D'PON WHICH Tu~
APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE
(5) HIh~JTES UN'LESS PERMISSION FOR ADDITIONAL TIME IS
GRAb'TED BY THE CHAIRMAN.
ASSISTED LISTENING DEVICES FOR THE HEARING IHPAIRED ARE
AVAILABLE IN ~ COUNTY COM)IISSIONERS' OFFICE
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.H.
1.
2. PLEDGE OF AL~£GIANCE
3. APPROVAL OF A~Eh~A k%9 cONSE~ AGEh~A
A. Pro¢~a~.a%ions
9roclana:Ion ~rocialming January 19-26, 1997 as 4-~
Volunteer Apprecia:ion Week in Collier Coun:y. To be
accep:ed by Barbara Sweinberg,
Chair.
B. Service Awards
Jennifer J. Edwards - Human Resources - 10 years
Ray Lemacks - Ochcpee Fire Con~rcl District 5 years
C. Presentations
6. APPROVAL OF CbERK'~
A. ANALYSIS OF CHA~GES TO RESER'~S FOR CO~INGENCIES
1. General Fund
2. Cc-munlt}' 2evelc~en~ Fun~ 'il3)
7. PUBLIC
1
January 21,1997
Toni Arms=tong regarding the designation of · beach/park
· re· for exercising dogs.
(1) Staff review and recommendations relative to
Ordinance 86-67, ·s amended, also known as the Pine
Ridge Center West PUD which, ·ccording to the
required PUD Status Report submitted by the property
owner/agent, has not commenced construction as define
din Section 2,?.3.4 of the Co22ier County Land
Development Code, resulting in several possible
courses of ·orion for the Board of County
C~.~isstoners to consider.
(2) Staff review and recommendations relative to
Ordinance e7-9, aa ·mended, also known as the Pine
Ridge Center PUD which, according to the reT~ired PL~
S:a:us Repot: submit:ed by the property o~ner/agent,
has not commenced conscruc:ion as defined in Sec:ion
2.7.3.4 of :he Collier County Land Development Code,
resulting in several possible courses of, action for
the Board of County Commissioners to consider.
(3) Staff review and recommendations relative to
Ordinance 91-67, as amended, also kno~ as the
Ncr:~rocke Plaza PL~ which, &cccrdinc to the
re~ired PL~ Status Report submitted by t~e property
owner/agent, has not commenced construction ·s
defined :n Sec:ion 2.7.3.4 of :he Cc!lief County Land
Development Code, resulting in several pc£sible
courses cf ac:ion for the Board of County
Cctmissioners to consider.
S%aff review and reco~mendatlons relative to
Ordinance 91-55, as amende~, also known as the
Sa~iebrcok village PL~ which, accordin: to the
required F~ Sos:us Report sub-it:ed by th$ ~rcperty
owner/agent, has no~ commenced construction as
def:ne~ in Section 2.7.~.4 of the Collier County Land
Development Code, res~lting in several possible
courses of ac~on for the Board of County
Co~nissioners to consider.
Staff review and recommendations relative to
Ordinance ~2-23, as ar:ended, also known ss the Myrtle
Wc:~s PL~ which, acccrd:ng to the required PUd
Sos:us Re,or% suets:ced by the property o~er/agento
has not commenced cons:ruction as defined in Set:ion
2.7.3.4 of the Collier County Land Development Co~e,
resulting in several possikle courses of ac:ton for
the Board of County Co~t~ssioners to consider.
Reco~-enda:~cn that the Board cf County Com~iss::ners
authorize staff to ap~ly for the perm:ts tc fill a
lake area known as 'Ay·la" Lake and a~prcve the
nece~sar)' budget amendment.
~'T', Staff review and recc-~er.!a::o.-.s rela:'~ve
Crd:nance 91-91, as a-.ended, als: known as the
Tra:l RV Park PL~ ~hLch, according :0 the required
d~'-a~ ...... iF. SeT%ocr. 2 7.3.4 cf tr. 9 Cc[~:.ra Cc~n:v Land
ce,tees of action for the ~:ard cf
-c--:ss~cners tC ccn~der.
January
S~aff review and recommendations relative to
Ordinance 90-84° as amended, also known as the
Donovan Center PUD which, according to the required
o~ner/agent, has not cocu~enced construction as
defined in Section 2.7.3.4 of the Collier County Land
Development Code. resulting in several possible
courses of action for ~he Board of County
Commissioners to consider.
B. PUBLIC WORKS
(1) Recommendation to approve a Resolution superseding
Resolution No. 94-5~ providing for traffic control
measures on U.S. 41, maintenance of multi-way stops
on Va~derbil~ Drive, and maintenance of multi-way
stops on platted local roads within Naples Park.
~2) Report of Transportation Department Direc~or'a den~al
of request by Pelican Bay Market Place for re,oval of
median con:rols on Vanderhilt Beach Road for the
immediate installa:ion of a traffic signal on
Vanderbiit Beach Road
c. PUBLIC SERVICES
Reco~,enda:icn that the Board of County Conmissioners
c:ns:der a proposal for public use of the ~arco
Island ~.:SA a~=at~c facil::y.
D. ~U~P(~T SERV~C£S
Ccns:der a~Frcval cf an agreenen: between Cci!:er Ccunty
and :he Challenge Foundation, Inc., for the fund:ag of
fun~s and a~rc'.-al cf an agreeten: between the Grea:er
C o - C$-~.erce Inc Collier Ccun:y for
Naples h'-h.r cf , .. and
fundlng cf fu!f~ll~,en: with tourist develops, eh: :ax
funds. {Ccntlnue~ frcv 1/14/97)
10. ~OAP~ OF COLr~¥ CO.-~CMI$SIO~RS
A. A~p~int~en~ cf me~ber to the
Kencurlsh~ent Advisory Committee.
C:ty/Ccun:y Beach
B. Creation of c::;zens screening cc~.n:ttee for the County
Manager
11. OTH£K CQ~TI~'TiONAL OFFiC£RS
PUBLIC E£ARiN~S WiLL ~£ E£~D i.F~.£DIATELY FOLLOWING STAFF ITEMS
c. oT~R
A. ADV~RTI$£D PUBLIC
(1} Pe:itio~ CJ-9S-15. re¢;ues: for a 2nd ex~enslon of
conditional use of property described as Naples Firs:
Alliance Church at 2504 Es:ey Avenue being a pot:ich
of ~: 25 and 26, Naples Grove
ra~. ~. 2 according to plat in Pla% Book
Public Records of Collier County, Florida.
14. SO~ OF co~ CO~ISSIO~=RS' CO~I~TION~
15. STar'S CO~'ICATIO~$
16.
CONS TN'T AGL~'DA
Ail =at:ere lffted under this ~t~ ere considered to be routine
dimcume~on cf each item. If discussio~ ia desired by · .e--bet of
the Board. that fret(e) wil2 be removed fro= the Consent Age,da
(i) Water and sewer .a...lt~es a¢:e~tance for QueLl We~t,
Cezter at Cc~mtrys:de.
A~ree-e=:
¢4) Re::r-er.~a:;:~ :ha: the ~:ard cf Ccun:y C:~-:ss:oners
re~ec: ':d =~{-2~34 an~ authcr:ze ·tall tc re-k~d the
Cia~. ~ay ~x:t:cs Rer:'.'al
B. PLr~L;¢ WO~K$
(1) T¢ ob:aim a~raval to reimburse the Sewer In, act Fee
chargefl :c 44~! L:rralne Avemue.
(2) Request ~:ard A~roval For A~d:ticnal Increase in the
A~.:i:~: of $2,C~0 for the "Oakes Dra;na~e
Prc3ect' Wcrk Order *WA-SS with Wilklscn
Associates.
(3~ ~etlti¢n AV 96-029 to va:ate a 1!-foot U::i:ty
Eaie-ez: lO:died on a par:el cf lanfl lying in Sect:cz
~, To~'~sh:p 50 South. Ra~e i6 East. as
~r.¢~us:ve. of the ~ilc R.::r~. of C¢li~er
Fi:rida.
l:ste~ :n conformance w:tk ~:ar~ A~t~cn cn ~,/(/S( a~
~:-:t :ed_:t;:=s t: twe=~*.*-~:.**e ~;~es per
rFh' . Rcaf.'ays affe:te~ Na;:es Fark
illth Ave N:rth an~ %'az!er:ill ~ea:.h ~:s~ '--'
all rca~.a':.s to the west ~f V~er::It
(5) Recommendation to accept Ln £asement for ina:alia:ion
of water meter.
(6} Recommendation to award Bid 196-260~ for $~lnkle~
Parts and Related Items.
(7) Reimburse men, ers of the Marco Island Beach
Renourishment Advisory Commit:ce for expenses to be
incurred in performance of their duties.
(8) Approve budget amendnenta recognizing carry forward
amounts from FY 1996 Wa:er and Wastewater CapS:al
Projects in Funds 411, 412, 413 and 414.
c.
(1) This item deleted.
(2) This item is deleted.
(3) Recommendation that the Board of Collier County
Commissioners amend the agreed, est dated June 1, 1994,
between the Collier County Veterans Council, Inc.,
and the Collier County Board of County Commissioners
tc provide transportation needs of Collier County
Veterans and their dependen:s beyond February
,
(4) Recommendation to acce~t rent revenues from Collier
County Mousing Authority tc be used to pay overtime
salaries.
D. SUPPORT SERVIC£~
Request Board a~prova! for u:illza:~cn cf monies in
Fun~ 1~ for specific cpera:~:nal costs of the
FJ~z Radio Syste~.
(2} Recommendation that the E&ar~ cf Commissioners
(3) Recommendation tO approve a ~u~et a~en~ment
reco~nizin~ car~ fo~'ard :n Flee: Mana:e~en: Fund
{521).
{1) Recommendation that the B~ard of Count), Com~:ssloners
Res:ora:ion Fun~
G, MISCELL~OU~
(1) Certificate cf Correction: NEE~ M~T:GN
~ax rolls as pres%hied by the Pr:peTty Appraiser's
Office. KECOMME:~ AP~KO%'AL
(2) ~ILE FC~ RECORD WiTM ACTiO:: AS
M. OTHrR CONSTI~IONAL OFFIC[RC
I. CC~Y ATT0m~
(I) To ok~a:n Board of Ccun:y Cc--;ss~oners a~rcval
Se~t:czs ~E,131 and 137.04, Florida Statutes.
Reco~endation that the Board for~ard Notice to
Proceed to the Tax Ccllector for Tax Deed
Applications on the 1994 County Tax Certificates.
AGENDA CHANGES
~OARD OF COUNTY COMMISSIONERS' METING
JANUARY 21, 1997
ADD= ITEM 5(A) - PROCLAMATION RECOGNIZING THE VOLUNTEERS
DEDICATED TO A CURE FOR CANCER.
ADD: ITEM 8(A)(9) - WATER AND SEWER FACILITIES ACCEPTANCE FOR
WILSHIRE LAKES, PHASE TWO. (STAFF'S REQUEST).
ADD: ITEM 10(C) -REQUEST BY THE COLLIER COUNTY PARKS AND
RECREATION DEPARTMENT TO WAIVE SPECIAL EVENT FEES FOR A CIRCUS
(CINCO DE MAYO) TO BE HELD JANUARY 24 & 25 1997
(COMMISSIONER NORRIS). ' '
CONTINUE TO 2/4 MEETINQ - ITEM 8 (B} (2) - REPORT OF
TRANSPORTATION DEPARTMENT DIRECTOR'S DENIAL OF REQUEST BY
PELICAN BAY MARKET PLACE FOR REMOVAL OF MEDIAN CONTROLS ON
VANDERBILT BEACH ROAD FOR THE IMMEDIATE INSTALLATION OF A
TRAFFIC SIGNAL ON VANDERBILT BEACH ROAD. (STAFF'S REQUEST).
BCC COMMUNICATIONS:
CONSIDERATION CONCERNING REQUEST BY COUNCIL OF ECONOMIC
ADVISORS FOR A WORKSHOP TO BE HELD AT THE CONCLUSION OF THE
1/28/97 BCC MEETING. (COMMISSIONER HANCOCK).
F/I'IER. EAS, 4-H Volunteers are an integral part of Collier County Government; and
4-H volunteerism results in the participation of over 2, 000 youth of our
community in enjoyable and productive activities; and
Collier County 4-H offers marry opportunities for citizens who wish to volunteer
in a variety of different service areas; and
WHEREAS,
last year 4-H Volunteers contributed in excess of $,500 hours of service or the
equivalent of 3 full-time employees; and
WHEREAS,
last year 4-H Volunteers contributed over $66,000 in services to Collier County
Government, resulting in project achievement for more than 2, O00 youth, and
providing local, area, state, and national opportunities and recognition, for
Collier County youth; and
WHEREAS, the 4-ti Foundation contributes $20,000 each year in privcrte'sector funds for
scholarships and special mat~rialt; and
DONE AND OR. D E~gJ9 THJS 215t Day Of Jtmuar~,. IOO7 ~;~;::: '".
'- '~ x'~5. ~. , . ~' ":~' 8 '/ , ~ :' . .~.~5~ .':~,~ '%:, ". ~'
..... ' %~. ~': .............. ~ ~3~ ?'.': 7 .c
would be greatly reduced " ' ' ..... "
NOW THEREFORE, be # proclat?ned by the B.oard of County Comtniszioners of Collier
County, Florida. that e?xtreme grati.~, d~ ar~daifm~.fatio,n la extended to all the
4-H Volunteers who give of their tirr~ and'erjer~ieg~ .Collier County
GOvernment. We. the BoardofOollt~.,r. . OO~.~..~ '{Com~ do affirm our
commitment to youth devdopment"and ?Mu~ our partner~ip with the Collier
Coumy 4-H Coordinating Com'mltt~,'~tXt'.~q'b~fndatiOn, 4-I'~l, eader
A,troctation. and the. University of ~"'f~qSringing.these ~N~:ial
opporturdties to aur ahildren, and therefore proclaim:January 19-26 as
:{)4,~ Volunteer AP~rtCiaffOn in Collier·~ .,
ATTEST:
DWIGHT E. BROCK. CLERK
JAN l Zt 1997
Pg.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Janua~ 21,1997
CLERK'S REPORT
6A.
Analysis of Changes to Reserves for Contingencies
General Fund (001) for FY 96/97
Community Development Fund (113) for 96/97
Facilities Construction Fund (301) for FY 96/97
JAN 2 1 1996
ANALYSIS OF CHANGES TO GENERAL FUND (001)
RESERVE FOR CONTINGENCIES
Fo~ the meehng date of January 21.19~7
FY 1996-97
RESERVE FOR CONTINGENCIES
Orig,naI Budget 10/01/96
Current Balance 1110/cJ7
(Reductions) or increases as ex~larne.-J below
Date
11.27-96
12.11.96
12-31-96
EXPLANATION OF REOUCTIONS
Explanation
48 To re~a,~ the I:~t'toms of the activity and plunge pool
To pa), Ut,hty ex~ense$ for Immokalee Child Care Center
To re;g r ~e Centrg~ Lfbrary Ch~lter
revenue fete,veal fro roadway swee~,ng and m~,n~
$ 4,675.900
4 6,13 422
(R~uctton)l
I~¢rease
(16.50000)
(~ t ,000.00)
(14.47500)
Arnenaments amountsng tO less than
$'.0 000 each (r';o 29. 17.66. ~9. 51
$ (3~ .803)
Total Reductions
ANALYSIS OF CHANGES TO COMMUNITY DEVELOPMENT FUND (113)
RESERVE FOR CONTINGENCIES
For the meeting of January 21. 1997
FY 1996-97
RESERVE FOR CONTINGENCIES:
Original Budget 10/01,'96
Current Balance 1/10/97
(Reducbons} or ~ncreases as ex~a~ned below
$
B.A.
Date Request
EXPLANATION OF REDUCTIONS
Explanation
277,400
277,400
(Reduction)/
Increase
Tot,~l Reductions
I~0.~ .! ,.~
JAN 2 1 1996
ANALYSIS OF CHANGES TO FACILITIES CONSTRUCTION FUI~;D (301)
RESERVE FOR CONTINGENCIES
For lhe meel~ng date of January 21, 1997
FY 1996-97
RESERVE FOR CONTINGENCIES .
Ong~nal Budget 10/01/96
Current Balance 1110/97
(Reductions) or increases as e~pla~ned below
B.A.
Date Request
11.13-96
EXPLANATION OF REDUCTIONS
Explanation
Amendments amounbng to less than
$10.000 each (No ' 25)
294.400 00
292,199 00
(2.201 )
(Reduction)/
Increas.
(2,201)
Total reclucbons
JAN 2
COLLIER COUNTY MANAGER'S OFFICE
December 10, 1996
Toni Armstrong
481 Tarpon Court
Marco Island, Florida 34145
3301 E. TAMIAMI TR.
NAPLES, FL 34112
(941) 774-8383
FAX (941) 7744010
CERTIFIED BLUE CHIP COMMUNI'I'~
Re: Request for Public Petition
Area for Exercising Dogs
Designation Of A Beach/Park
Dear Ms. Armstrong:
Please be advised that you are scheduled to appear before the
Collier County Board of Commissioners at the meeting of
January 21, 1996 regarding the above referenced subject.
Your petition to the Board of County Commissioners will be
limited to ten minutes. Please be advised that the Board will
take no action on your petition at this meeting. However,
your petition may be placed on a future agenda fow
consideration at the Board's discretion. Therefore, your
petition to the Board should be to advise them of your concern
and the need for action by the Board at a future meeting.
The meeting will begin at 9:00 a.m. in the Board's Chambers on
the Third Floor of Building "F" of the government complex.
Please arrange to be present at this meeting and to respond to
inquiries by Board members.
If you require any further information or assistance, please
do not hesitate to contact this office.
5' ' t r~ 1 ~"'.y_-~o~
~. Nei~._Dorrill ,/
C~ty Manager //'
WND/S~~
CC:
County Attorney
Public Services Administrator
7/_4,)
JA;, ,
~481 Tarpon Court
Marco Island, FL 3~1z~5
November 27, 1996
W. Nell Dorrill, County Manager
Collier County
3301 East Tamiami Trail
Naples, FI 3~112~902
COUNTY MA'~;t % ~ ."TL-'. 7--~
~,,rTE;.DE_CAO 2 1996 ,.
Re:
Designation of an area along a beach in the unincorporated
area of Collier County for the purpose of exercising dogs; and
designation of one or more Collier County Parks, or
[portion(s) of said parks, as permissible sites for the exercising
and socialization of dogs.
Dear Mr. Dorrill,
I have attempted to work with the Parks and Recreation
Department and Board and feel I have exhausted this avenue of
address. Therefore, I am requesting a time to bring the above
matter to the 8oard of County Commissioners' attention for
further consideration and action. Please let me know the date and
time that I may do this.
I have read the Collier County Code Petition Process Policy and
cannot find a reference regarding the above matter that would
require a petition for being on the ballot. Please advise. Thank
.VO LI.
Sincerelyz_~
Toni Armstrong
November 27, 1996
To: The Parks and Recreation Board
From: Toni Armstrong
481 Tarpon Court
Marco Island, FL 34145
Re: Designating an area of Beach and Park to walk dog
On August 28, 1996, I presented the above proposal. At that time I was
assured that the Board and Steve Bfinkman would investigate other areas
and counties for their handling of the subject and the information would
be shared at the next board meeting at wh/ch time a decision would be
made.
On September 12, 1996, I called the Parks and Recreation Department
and spoke with Jacque Hart. I requested the minutes-or at least a copy
of the tape fi.om my portion of the meeting--in order to recall exactly
what was said and by whom. I have received nothing.
On September 30, 1996, after I returned fi.om my son's wedding, I again
called Jacque Hart and requested the minutes fi'om the August and
September meetings. I never got them. I also asked to skip the October
meeting and be put on the agenda for the November meeting in order to
share the inforrnat/on gathered fi.om the survey along with that gathered
by the department.
On November 26, 1996, I called the Parks and Recreation Department to
fred that:
a. neither "dogs" nor I were on the agenda
b. the new director, Skip Camp, did not want me at the meeting but
that I could "fax" my request to his office
c. no one at Parks and Recreation had looked any further into this
mattermand that the minutes ofthe August 28th meeting had been
revised to read that it had been designated as my responsibility to
contact other Florida counties and cities to get their regulations.
It is apparent that I am being "~tonewalled" by the Parks and Recreation
Department and Advisory Board. I began this effort on January 3, 1996
through what I thought were the proper channels. Obviously, I was
wrong. To date, I have collected more than 300 Collier County voters'
signatures in support of the attached survey. When I have a significant
number I will go to the County Commissioners, the press, and the public.
Sincerely,
Toni Armstrong
cc: Gary Franco
John C. Norris
W. Neil Dorfill
~MMARY
STAFF REVIEW AND RECOMMENDATIONS RELA fIVE TO ORDINANCE $$-$7, AS
AMENDED, ALSO KNOWN AS TFIE PINE RIDGE CENTER WEST PUD, WFIICH,
ACCORDING TO TI~E REQUIRED PUD STATUS REPORT SUBMITTED BY TI~E
PROPERTY OWNER/AGENT, HAS NOT COMMENCED CONSTRUCTION, AS
DEFINED IN SECTION 2.7.3.4 OF THE COLLIER COUNTY LAND DEVELOPMENT
CODE, RESULTIN'G IN SEVERAL POSSIBLE COURSES OF ACTION FOR THE
BOARD OF COUNTY COMMISSIONERS TO CONSIDER.
OBJE~rlVE:
Staff is requesting that the Board review staffs findings and recommendations regarding the above
referenced P UT).
CONSIDERATIONS:
This PUD was originally approved on November 8, 1988. Sectior, 2.7.3.4 of the Collier Count-,- Land
Development Code requires that the project developer submit an annual report on the prog~'ess of
development, commencing on the fifth anniversary of the PUD approval by the Board of Counb'
Commissioners. The singular purpose of this report is to evaluate whether or not the project has eomngnced
in earnest in accordance vdth the criteria set forth in Section 2.7.3.4. For those PUDs approved prior to the
effective date of adoption of the Land Development Code, the five year approval period commenced on the
adoption date, October 30, 1991. Therefore, the conditions set fonl~ in Section 2.7.3.4. are applicable as of
October 30, 1996.
Thc above referenced PUD has been identified as a project which was approved prior to October 30, 1991
and which has not commenced construction as defined in Section 2.7.3.4. Staff has utilized thc required
PUD status (monitoring) report, supplemented by field observation and review of in house records to vcrifi;
the current status of the PUD and as the basis of a recommendation to thc Board consistent g~th the options
provided in Section 2.7.3.4 (1) & (2). Section 2.7.3.4 reads as follows:
2.7.3.4.
Time limits for approved PUD master plans. In the event that a PUD master
plan is given approval, and the landowner(s) shall:
Fail to obtain approval for improvement plans or a development order for all
infrastructure improvements to include utilities, roads and similar improvements
required b), the approved PUD master plan or other development orders for at
least 15percent of the gross land area of the PUD site every five years of the date
of approval by the Board of CounO, Commissioners; and
Fall to receive final local development orders for at least 15 percent of the total
number of approved tfivelling units in the PUD, or in the case of PUDs
consisting of nonresidential uses, 30 percent of the total approved gross leasable
floor area within the PUD every six years of the date of approval b). the Boast of
CounO' Commissioners.
-1-
JAN 2 1 1997
P~"-- /
The project developer shall submit to the Planning Services Director a ttatus
report on the progress of development annually commencing on the fifth
anniversary date of the PUD approval by the Board of Count), Commissioners.
The slngular purpose of the report will be to evaluate whether or not the project
has commenced in earnest in accordance with the criteria set forth above.
ShouM the Planning Services Director determine that the development has
commenced in earnest, then the land shall retain its existing PUD approval and
shall not be subject to additional review and consideration of new development
standards or use modification.
Should the Planning Services Director determine that the development has not
commenced in earnest, then upon review and consideration of the report
provided by the owner and any supplemental information that ma), be provided,
the Board of County Commissioners shall elect one of the follawlng:
To extend the current PUD approval for a maxlmum period of two years; at the
end of which time, the owner will again submit to the procedure as defined
herein.
Require the owner to submit an amended PUD in which the unimproved portlons
of the original PUD shah be consistent with the Growth Management Plan. l'he
existing PUD shah remain in effect until subsequent action by the board of the
submitted amendment of the PUD.
lf the owner fails to submit an amended PUD within six months of Board action
to require such an amended submittal, then the Board ma)' initiate proceedings
to rezone the unimproved portions of the original PUD to an appropriate zoning
classification consistent with the Future Land Use Element of the Growth
3tan agement Plan·
In the case of developments of regional impact, time limit restrictions shall be
superseded by the phasing plan and/or time limit.; contained within the
application for development approval and approved as part of a development
order in conformance with F.S. ~ 380. 06.
Synopsis of Approved Land Uses and Development Strategies - This PUD contains 8.87 acres of land
more or less and is located within the 1-75/Pine Ridge Road Interchange Activin, Center which is further
located on the south side of Pine Ridge Road west of 1-75 and Pine Pddge Center PUD. The uses of land
authorized by the PUD are as follows:
A)
I. Automobile and truck fuel dispensing facilities
2. Business and professional offices
3. Motels and hotels
4. Restaurants (including drive-in and fas~ food restaurants)
The PUD further regulates the intensity of transient lodging units to a maximum of 176 units.
["
NO, ~
JAN 2 1 1997
N 1STEN YWT E M RE I'vE R W HMANA EMENT LAN:
The subject PUD is designated Urban-Mixed Use/Interchange-Activit). Center on the Future Land Use
Element of thc GMP, and is further located in the southwest intersection of' the l-7$/Pine R/dge Road
Interchange Activit), Center. Based on staff review of the approved land uses, the PUD has been determined
to be consistent with the FLUE to the Collier Count), Gro~h Management Plan. Relative to other
applicable consistency relationships the fo{lowing ma), be advised:
ffl ir I i - The PUD is consistent with relevant policies of the TCE, however relative to
the Access Management Plan the PUD Master Plan the text should be amended to establish a service drive
parallel to Pine Ridge Road to access property to the ea~. The plan should also make provisions to provide
35 feet of right-of-way along the south side of Pine Ridge Road and ILnait access to the site to a right-in/right-
out oMy.
I W t r i , 'r I m n - The PUD Master Plan provides for an on-site se,,~age
treatJnent plant. Currently, sanita~, sewer and water is available. The PUD should clarify that connection is
necessaD' to the CounD,'s sewer and water system while the Master Plan should be amenc{ed to provide some
other use of the utiliD' site.
In all other respects applicable clements of the GMP arc consistent with clement goals, ob)cctivcs and
policies.
ON ISTENCY WITH THE LLIER NTYLANDDEVEL PMENT DE:
The PUD has been distributed to the appropriate .iurisdiction review entities specificall.v for review of' the
PUD for consistency ~'ith current land development regulations. Based on that review., the £ol]owing
consistency relationships have been identified:
Transportation: (Traffic impacts, access management, etc.) - PUD stipulations do not clearl.v address the
potential need for additional right-of-way when Pine Ridge Road is widened to six lanes. The Access
Management Plan strongly encourages shared access with property to the east and limits the project to a
single point of access from Pine Ridge Road. The petitioner shall be responsible for installation of arterial
level street lighting at the project entrance.
Landscape: (Buffers/Green Space) - No inconsistencies reported. The PUD stipulates that landscaping shall
be prosAded m accordance with current LDC regulations at the time of application for construction permits.
En~'ironmental: (Protected species, green/open space) - No inconsistencies were reported, ho,a~ver staff
advises that in the event of an amendment references to environmental regulations should be changed to
current references. The current PUD advises that the then free standing ordinances applied. These have now
been consolidated into the LDC, however the5' still apply to this PUD.
Engineering/Site Development: (Sewer/water, drainage issues) - No inconsistencies were reported however,
staff advises that in the event of an amendment certain development commitments should be changed to
reflect current code references.
-3-
AGE/"ID
NO. ~
,:lAN 2 1997
PUD Development Stand, ds: - Setback requirements from Pine Ridge Road is twenty-five feet ~ is
consistent with historical prance For Activit), Cenu:r PUD's. Other sctb~k requirements ~re de~t with in
an unusu~ rn~n~¢r end depend upon the typ~ or dcvclopmen! that occurs internally, externally, ~ whether
the roadways are public or private.
Building heights are authorized at a maximum of fi~' (50) feet. This is consistent with maximum building
heights approved for the surrounding commercial PUD's.
Staff' is of thc opinion that there is sufficient justification to require the owner to submit an arr~mded PUD.
The PUD should he amended to reflect development and Master Plan cornmitments that are consistent with
the Coun~"s Access Management Plan and in particular provisions for shared access to thc arterial road
system. The requirement for an amendment will give staff an opportunity to review right-of-way
requirements for six farting of Pine Ridge Road and access to the site.
Amended provisions should also deal with landscape buffer requirements that are consistent with current
requirements. Environmental stipulations should he revised to achieve current requirements while the
utilities plan should be amended to require connection to thc Count)"s water and stayer s)~'rn. This will
allow the PUD Master Plan to be revised by providing some other use for the utility site. Finally, inasmuch
as the PUD is to be amended, references and PUD format should be made consistent with current practic~.
The revised PUD should also contain language that requires submission of a unified architectural plan.
Given the extent of changes this amendment should be in the form ora rezoning from PUD to PUD in which
the current document is repealed.
FISCAL IMPACT:
A t~vo >'ear extension of this PUD Ordinance will have no fiscal impact on Collier Count)'.
STAFF RECOMMENDATION:
Based on a comprehensive review of this PUD document, staff recommends that the Board of Count)'
Commissioners direct the property.' owner/entity of Pine Ridge Center West PUD to submit an amended PUD
within the time frame allowed by LDC requirement.
PREPARED BY:
BRYA ilLK~''-~
~PLANNER
-4-
J/ N 2 1 1997
REVIEWED BY:
RO~ICP
CURRENT I~LANNING MANAGER
DATE
DONALD W. ARNOLD, AICP
PLANNING SERVICES DEPARTMENT DIRECTOR
VINCENT A. CAUTERO,
DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DMSION
Ordinance 88-87 Ex. Suture/pal
MEMORANDUM
To: David C. Weigel
... ty Attorney
From: Marjorie M. Student
Assistant County Attorney
Date: November 18, 1996
Re: PUD Sunsetting Concerns
I have several legal concerns regarding the sunset'ting of PUDs should that involve
adjusting density or land use. They are categorized in this memo. Additionally this is a response
to Attorney Richard Grosso's legal opinion to the Florida Wildlife Federation dated October 21,
1996.
First of all, I disa~ee with Mr. Grosso concerning the grandfathefing language of the
Property Rights Act. He is correct in stating that subsection 2.7.3.4. of the Land Development
Code (LDC) dealing with PUD sunsetting is not subject to the new law. However, he ignores the
fact that any PUD amendments necessary to implement any BCC recommended changes to a
pUD document, including density reduction or a land use change, would require the adoption of
a new ordinance that would be subject to the Act. The date after which the law applies to
ordinance adoptions is May 1995. Subsection 2.7.3.5.5. of the LDC requires that any text change
to a PUD must be accomplished by ordinance. Moreover, Subsection 2.7.3.4 requites that should
the property owner not make the necessary PUD amendments required by the sunset'ting process
then the BCC has the authority to rezone the PUD to an appropriate district. This too, would
have to be accomplished by an ordinance adopted after the "trigger date" set forth in the Act and
thus be subject to it.
I also disagree with Mr. Grosso on the density reduction issue for the following reasons.
No Florida court has yet had the opportunity to construe any of the key terms in the Act.
Subsection 70.001(2) provides that [w]hen a specific action of a governmental entity has
inordinately burdened an existing use of real property or a vested right to a specific use of real
properb', the property, owner of that real property is entitled to relief, which may include
compensation for the actual loss to the fair market value of the property caused by the action of
the government. The key terms are "existing use", "vested right" and 'inordinate burden."
N~. ~
JAN g 1 1997
1996
The Act defines an existing use as: 1) an actual, present use or activity on the real
propert'y; 2) periods of inactivity, normally associated with or incidental to the nature or type of
use that takes place on the property; 3) such reasohably foreseeable, nonspeculative land uses
which are suitable for the subject property, are compatible with adjacent land uses and which
have created an existing fair market value in the property greater than the fair market value of the
actual, present use or activity on the property. See Subsection 70.001(3)Co), ~.
A vested right, as defined in the Act, is determined by applying the principles of equitable
estoppel or substantive due process under Florida common law or applying the statutory law of
the state. Subsection 70.001(3)(a), Florida Statutes,
The Act defines an inordinate burden as an action by one or more governmental entities
that has directly restricted or limited the uses of the real property such that the property owner is
permanently unable to attain the reasonable investment backed expectation for the existing use of
the property, or a vested right to a specific use of'the real property with respect to the property as
a whole. Additionally, it can mean that the property owner is lef~ with existing or vested uses
that are unreasonable such that the property owner permanently bears a disproportionate shall of
a burden imposed for the good of the public which in fairness should be borne by the public at
large. See Subsection ?0.001(3)(e), Flor'ida Statutes.
There is no "bright line" test to determine what a vested right is. These types of cases in
Florida have been de:ermined on a case by case basis. Since our Zoning Reevaluation Pro.am
· ,,,'as set up to deal ,.vi:h this issue, an argument could be made that any properly, that passed
through that process and received an exemption pursuant to Subsection 106.40 of Article II,
"Zoning Reevaluation", Chapter 106, "Planning" of the Code of Laws and Ordinances of Collier
County., Florida or a determination of vested status pursuant to Subsection 106-46 of that
Ordinance could claim vested status.
Moreover, the Act defines "existing uses" broadly including those that are reasonably
foreseeable, nor. speculative, compatible and have created additional fair market value on the
properc}' over and above the existing use or uses. Rezones from less intense and less dense land
uses to more intense, higher density, land uses could have the effect ofincreasing fair market
value as in the case of a rezone from Estates to PUD or Agriculture to PUD - depending of
course, on the land uses permined by the particular PUD. It is impossible to draw a "bright line"
here either as each PUD must be evaluated on its own merit. The opinion of a property appraiser
should be obtained as to the effect of the PUD zoning on any given parcel of land as well as any
future downzoning on such parcel upon fair market value. However, an argument could be
made that any reduction in density or decrease in the intensity of land use on the PUD parcel
ld decrease the fair market value of the property and thus trigger the Act.
An argument could also be made that any downzoning of the PUD property has created
an inordinate burden thereon since as a result, the reasonable, investment backed ex )ectations of
the propert5' owner are not capable of being attained. Of course, this is a question f fact~N~]
JAN 2 1 1997
~ov~nb~r 18, 1996 C.
PUD Sunsct~ing Coacems
?a~O cannot be uniformly applied lo every PUD subject to the sunsetting. The term 'reasonable,
investment backed expectations" is not precise. In fact a recent article in the ~
~ staled that the concept of investment-backed expectations remains an ambiguous
term that is difficult to apply. See "The Wisconsin Supreme Court Responds to Lucas", 48 ~
_Use La,.'.' & Zoning DigesI. No. 9 at page 6.
I therefore, conclude that in order for the County to stay within the Property Rights Act,
each PUD must be evaluated on its own merit before any land use or density change can be
accomplished. Moreover, it is recommended that the County work with the PUD property
owner to achieve a mutually beneficial result.
Besides triggering the Bert J. Harris, Ir. Private Property Ri!~ts larotection Act, if vested
rights are interfered with by a local government there is an equitable remedy in circuit court - that
being a determination of vested status and a resulting court order permitting the vested project to
occur as originally approved. The common law elements of vested fights or equitable estoppel in
Florida are as follows: an act or omission of a governmental entity upon which the property
owner has relied in good faith and has made such a substantial change in position or incurred
such excessive obligations and expenses that it would be highly inequitable and unjust to destroy
the fights he acquired. _Smith v, City of Clearwater, 383 So.2d 681 (Fla. 2d DCA 1980) These
matters are determined on a case by case basis. There is no "bright line" test. Therefore, any
downzoning that ma.',' result from sunset'ting of any laUDs should not interfere with a vested
fight. Once again, any property owner that was ~anted an exemption or determination of vested
fights through the County's Zoning P, eevaluation process may be able to claim vested status so
far as density or permitted land use is concerned. Moreover, any property owner gaining PUD
approval since the adoption of the GMP may be able to achieve vested status by the donation of
fight-of-way, creation of easements for public purposes or other related expenditures in favor of
the public and also related to the proposed development.
m. Nature of PUD Zoning
In p._omoise Point Parmership v. St. lob. ns County., 532 So.2fl 72'/(Fla. 5~ DCA 1989),
the Court opined that the nature of PUD zoning require$ cooperation between the property
owner and the zoning authority in creating the overall plan. Id. at page 725. The Court held that
a planned special development by its very nature must be sought by the property owner and
cannot be imposed over an owner's objection and thus invalidated a PUD rezone imposed solely
by the County.. Id. at page ?29. Collier Count~s PUD requirements are quite similar to the
planned special development requirements of St. John's County at issue in P__orp. oise Point.
While the case did not address PUD amendments, an argument could be made by a property
owner that due to the consensual nature of PUD zoning between it and the local government, a
PUD amendment cannot be imposed upon the property without the owner's consent. There is no
case law dealing with PUD amendments on this point. It is the opinion offl e writer that in
AGEND&IZEM.
JAN 2 1 1997
P~.
No,emi, er 18, 1996
DavM C. W¢ig¢l
PUD Stmserti~g Conccr~
Page 4
such a c~e, a coua would bal~ce the police power ~ter~ts of the local gove~t against the
private interests of the prope~ o~er ~ deleing whe~ or not ~e P~ ~ent is
valid.
Additionally, I am concerned that if densities are reduced too greatly the County may nm
afoul of the need to provide affordable housing pursuant to Subsection 163.3177(6)(f) of the
Growth Management Act. Additionally, there may be exclusionary zoning problems such as was
the case in ' ' , 67 N. J. 151,336 A.2d
713 (1975) where there were low density residential land use standards imposed uniformly
throughout the Township.
I hope ti'ds memo answers your concerns relating to PUD sunsetting. Should you have
any further questions or comments, please advise.
'JAN 2 1 1997
1
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RESOLUTION 97-
A RESOLUTION BY THE BOARD OF COUNTY COHHISSIONERS OF COLLIER COUNTY,
FLORIDA, PURSUANT TO SECTION 2.7.3.4 OF THE COLLIER COUnTrY LAND
DEVELOPHENT CODE AFFECTING ORDINANCE 88-87 ALSO KNOWN AS THE PINE
RIDGE CE~TER WEST PUD, P~UIRING THE SUBMITTAL OF A PUD AMENDMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Pine Ridge Center West PUD, Ordinance 18-87, adopted
on November 8, 1988, is subject to the provisions of Section 2.7.3.4.,
of the Land Development Code (LDC), Time Limits for Approved PUD
Master Plans; and
WHEREAS, the Board of County Commissioners has reviewed =he PUD
and has determined that the current PUD Zoning Is inconsistent with
certain provisions of the Growth Management Plan and the Land
Development Code; and
NOW, THEREFORE BE IT RESOLVED, by the Board of Zoning Appeals of
Collier County, Florida that:
1. The above recitals are adopted herein by reference as if
fully set forth herein.
2. This Resolution shall constitute evidence of compliance with
the review requirements of Sec=ion 2.7.3.4 of the LDC.
3. Pursuant to said section of the LDC, the proper~y owner or
agent shall submit an amended PUD to the Planning Services
Director prior to June 5, 1997.
This Resolution shall become effective im~ediately upon its
approval.
BE IT FURTHER RESOLVED that ~his Resolution be recorded in the
minutes of =his Board and in the records of the Petition for which the
extension is granted.
PAGE I
JAN 2 1 1997
P~. /D
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Com~issioner offered the foregoing
Resolution and moved, for Lts &doption, seconded by Commissioner
, and upon roi! call, the vote vas:
AYES:
NAYS:
ABSENT A~D NOT VOTING=
ABSTENTION:
Done this
day of
~, 1997.
BOARD OF COUNTY COHHISSIONERS
COLLIER COUNTY, FLORIDA
ATTEST:
DWIGHT E. BROCK, CLERK
BY:
CHAIRMAN
APPROVED AS TO FORM A~D LEGAL SUFFICIENCY:
26 .
27 ASSISTANT COUNTY ATTORNEY
28
29 PINE RIDGE CENTER WEST PUD/18865
30
31
32
33
34
PAGE 2
'JAN 2 1 1997
Plo ...../_/__
UI{£R£AS, Dr. Neno J. Spagna, zepresentt~g
Classi~icactou of C~e herein ~escr~ed
NO%', TH~P~TOP~ ~Z 2T O~AX~ b7 the Board of C~ncy
C~issioners of Collie~ County, Flor/da:
S~CTIO~ ONE:
~e Zoning C~ass~tcac~ou O~ t~e he~e~n descr~be~ reai p~operCy .
located ~ Section 18, T~s%~p
accordance ~Ch the ?~ doc~euC
v~c~ ts incorpo~aced herein and by re~e~ence nde parc heTeo~. ~e
~ -~-ts~eb7 a=ended ~ccor~g~y.
:~ '~!s Ordluance sh~l bec~e eflecCtve ~on receipt o[ ~ttce
'~troa ~e SecreCa~
the Secretary of
D^Tr: ~ 8, 1988
BOA3LD OT CO~'~ COI~T$$Z01~:,
COL/.IF.X CO'C~"I~, ir'LOB/DA
BUP, T L. SAU~£P.S,
REZONE PET~TTON FROM
A-2 RURAL AGRICULTURE
TO PUD {pLANNED uNIT
DEVELO?ME~T] ...
plt:ERIDGE CENTER WEST
ANTHONY r. JANCIGAR
661 WINDSURF LANE A-103
NAPLES, FLORIDA 33963
pLAnNiNG CONSULTANT
NENO ~. SPAGNA, A~CP,' PRES.
FLORIDA UR.BAN INSTITUTE, INC.
NAPLES, FLORIDA 33964
ENGINEERS
~OLE, MONTES AND ASSOCXATES
715 10TH STREET SOUTH
MAPLES, FLORIDA 33940
DATE ISSUED
DATE APPROVED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
88-87
MAY 1988
-- REVISED OCTODER 1988
. , *. .. .;. ..... .* :.:'*:. ~-. .... ' .T. XHT.~IT ~X",.-~.,:.; · :,'. ~. _,~,,.. ,*~.- ..,. ,... ~*
· -*: %:* -'.:. ~:':.: *,":. ~ J.*: .£;.u,e_:L 'F,£*.~,i.,~,::~'.,~:-w-,-,ec.~',.~,~%~:~.~:*:* ,,*.~ .~." '**'* :.;..l~,.:' *."
'~*.'-:~'L: ' "': '* · '.*..' ,- ..:;* :'*' ........ ' "-'<' ' ~'~";~. ?G?-'~J.;,,.{**~z.~' :'*.~'~:.: * :** ~ * "~ ': * '
TABLE OF CONT£1~TS
SUBJECT PAGr
- TABLE OF COtiTI::NTS ...................... .::...-. ...................
SECTION 1 .......................................................
1. 1 PURPOSE ....................................................
1.2 LEGAL DESCRIPTION .......................................... -1-
1.3 PROPERTY OWNERSHIP ......................................... -2-
1. 4 GENEP,~L DESCRIPTION OF PROP£RT¥ ............................ -2-
1.5 CURRENT ZON I rig ............................................. -2-
1.6 COMPREHENSIVE PLAN ......................................... -2-
i. ? PHYSICAL DESCRIPTION ....................................... -2-
SECTIOI; 2. (PROJECT DL'9'ELOPMENT] ................................ -3-
2. 1 PURPOSE ...................................................
2. 2 GENERAL ................................................... -3-
2.3 MASTER PLAN AND LAND USE .................................. -3-
2.4 PH/-~ES OF DEVELOPMENT .....................................
2.5 SITE PLaN PROCESS ......................................... -3-
2.6 SITE PLAN APPROVAL PROCESS ................................ -4-
2.7. MAINTENANCE OF COMHON APl:AS ............................... -4-
2.8 . POLLING PLACES ............................................ -4-
2.9 FIRE HYDRANTS .......................... ~ .................. -4-
2. 10 ISSUA[ICE OF FINAL CERTIFICATE Or OCCUPANCY ................ -4-
2.11 MAXlHUH NIJHSER OF TRANSIENT LODGING UNITS .................
SECTION 3 LAND USE REGULATIONS FOR SUBJECT PROPERTY ........... -~-
3. I PURPOSE ...................................................
3.2 PERMITTED PRINCIPAL USES AND STRUCTURES ................... -6-
3.3 PERMITTED ACCESSORY USES A~D STRUCTURES ............ : ......
3.4 PER,fiTTED PROVISIONAL USES AND STRUCTURES ................. _~_
3.'5 PROHIBITED USES AND STRUCTURES ............................ _~.
3.6 DEVELOP~iENT STANDARDS .....................................
SECTION 4 GENERAL DEVr-~-OPMENT RE~UIP, F24ENTS .................... _~_
4.1 PURPOSE ................. : L ................................
4.2 PUO MASTER PLAN ..... _~.
4 3 ACCESS TO PROPERTY. ' .....................................
PRiVaTE ROADS ........................
4.6 .ELECTRIClT¥~ TELEPHONE~ CABLEVISION ....................... _~_
SECT~Ot~ S DE¥£LGPNENT COM,[ITl'tENTS ............................
.5.1 ENV! ROt~£NTAL PROTEC?ION.
5.2 ................................. -10-
TRA£FIC ...................................................
5. 3 EI~G I N£ERIt~G ............................................... -11-
-11-
5. 4 WATER P~ANAGEt4ENT CONSIDERATIONS ........................... -ll-
COU tlTY UTILITIES ..........................................
5.6 FIP. E DISTRICT R~'VIE%I ...................................... -12-
· -12-
5.7 GENERAL REQUIP. EM£NTS ..................................... , -12-
SE~T IO~ 1
i · 1 PUR~CSE
A. THE PURPOSE O£ THIS SECTION IS TO SET FORTtl THE LOCAT%ON
OHNERSHIP OF THE PROPERTY, AND TO D~CRIBE ~E EXISTING
CONDITIONS OF ~E ~ROPERTY PROPOSED ~O BE DEVELOPED UNDER
PROJECT N~E OF ~NERZDG~ CENTER WEST.
- 2.2 LEGA~ DESCRIPTION ..
A THAT PORTION OF ~E WEST ~/2 Or ~E W~T 1/2 OF ~E
1/4 OF THC NORTHWEST 1/4 OF SECTION ~8, TOWNSHIP 49 SOU~,
RANGE 26 EAST, COLLIER COUNTY, FLORZDA~ ~YZNG SOU~ Or
R:DGE ROAD ~C.R. ~ SD&), A 150.00 F~ RIGHT-Of-WAY,
~ORE PARTICU~RLY D~CRIBED AS ~OLL~.~S:
CO~MENCE AT TIlE NORTHW~T CORN:~ OD SECTION ~8, ~OWNSHIF 4~
SOUTh, RANGE 2& E~ST, COLLIER COUNTY, FLORIOA, ~ENCE RUN N.
8~ 33' 3g" E. ~NG ~HE NORTH LINE OF ~ME NOR~W~T ~/4 OF
S~ID SECTION 18, FOR A DZST~I4CE OF 1284.~3 FEET ~O
NORTHWEST CO~ER OF ~E ~T 1/2 OF ~HE N~T ~/2 OF
NORTHEAST 1/4 OF ~HE NOR~WEST ~/4 Or ~ME SA~D S~T~ON
~HENCE RUN S. 00 20' 25' E. A~NG ~E W~T ~INE Or ~E WEST
1/2 OF THE W~T 1/2 OF T~E NORTHEAST ~/4 Or ~E NOR~W~T
Or ~HE SAID S~ION lB, ~OR A DISTANCE OF ~ll. IS FEET TO A
POINT ON TNE SOU~ER~Y RIGHT-OF-WAY L~NE OF STA~ ~OAD ~.
S-896 {PINE RZ~E ROAD}, A 150.00 r~T RIGHT-Or-WAY, AS THE
S~IE ZS S~OWN ON ~HE FLORIDA DEPT. OF T~IIS~ORTATZON '
RIGhT-Or-WAY ~P ~OR STATE ROAD S-8D&, SECTION
COLLIER COUNTY, S~EETS S AND 6 OF 13, AND ~E ~OZNT Or
BEGINNING OF THE PARCEL OF ~ND MEREZN DESCRIBED; THENCE
CONTINUE S. 00 20' 25' E. ALONG ~E WEST LINE OF THE W~T 1/2
OF T~E WEST 1/2 Or THE ~ORTHEAST 1/4 OF THE NORTflW~T 1/4
THE SAID SECTION 18, FOR A PZSTANCE OF ~209.00 FEET TO THE
SOUTHWEST CORNER OF THE ~T 1/2 or THE WEST 1/2 OF THE
NORTHEAST 1/40~ Tile NORTflW~T 1/~ OF SAID SECTION 18~ THENCE
RUN N. 89 34' 3~' E. A~NG THE SOU~ LINE Or T~E W~T 1/2
THE WEST 1/2 OF THE NORTHEAST ~/4 OF THE RORTHW~T ~/4 OF THE
SAID SECTION 18 FOR A DISTANCE OF 324.14 FEET ~ THE S~EAST
CORNER OF TME W~T 1/20~ T~E ~2EST 1/20~ ~E NORTHEAST 1/4
THE NORTHWEST 1/4 OF THE SA~D SECTION 18~ THENCE RUN N. 00 21'
48' W. ALONG THE EAST LINE OF THE W~T 1/2 OF THE WEST 1/2 OF
THE NORTHEAST 1/4 OF T~E NORTHWEST 1/4 OF ~E SA~D SECTZOtl
FOR A DISTANCE OF ll80.TT FEET TO A ~OINT ON ~E C~RCU~R
CURVE, CONCA~ TO THE NOR~EAST, WHOSE ~D~US ~OZNT BEA~ N.
03 00' 44' E. A DISTANCE OF S804.58 FEET ~EREFRO~I, SAID CURVE
BEING THE SOU~ERLY R~GHT-OF-I~AY LINE OF ~E AFOREMENTiOnED
STATE ROAD NO. S-B96, ~ENCE RUN W~RLY A~NG ~E ARC OF
SAID CURVE TO THE RIGHT, ~E SAff~E OEING ~E
~{~GHT-OF-WAY L~NE OF STATE ROLD NO. S-Bg&, ~V~NG A ~D~US
- 5804.5~, THROUGH A CENT~L ANGLE OF 02 3~' 3S', S~TEND~ BY
CHORD OF 266.06 FEET AT A BEAR1NG OF N. ~ 40' 29' W. , FOR A
'" ' ' ' ': . .,' d "',"
-,~.,....- :. ~ ,: .'.:, ':7 _'?:. --~ .~ ....~.~,' , ..~ ','{-~i ;~Y':;-; '~:' ~ - ~'~r~ ' · .-
DIST^NCE Or 266.08 £EET TO T~IE END OF SA~D CURVE; TllENCE RUN
N. 84 21' 41' W. ALONG T~E SOUTHeRlY RIGHT-Or-d'lAY
ST,'r: RO~O ~O. S-g~6 FOR A DISTANCE OF 58.8~ r~:T TO TIlE
POINT OF BEGINNING, COaTi,KING 8.8T4 ACRES, MOR~ OR ~S.
OF 266.0~ ~EKT TO THK ENO or
4~' ~. ALONG THE SOU1~ER:Y RIGHT-OF-WAY L~NE OF STATE ROAD ~O.
S-89& fOR A D~STaNCE OF 58.81 r~ET TO ~: POZrIT Or B~GIN~NG,
CONTAIniNG 8.8T4 ACRES, MO~ OR ~S.
A. T~t~ SU~CT PROPERTY ~S OHN~D
ANTHONY F. JANCIGAR
~1 WI~4DSURF LANE A-103
NAPLES, FLORIDA 339&~
1.4 GENERAL DESCRIPTION Or PROPER~
A. THE PROJECT SITE IS L~AT~ ON THE SOUT}{ SIDE OF PINE R~DGE
ROAD APPROXIMATELY 3/4 MILE WEST OF 2-~5 INTERCHANGE, SEE S~TE
PLAN, AND CONSISTS OF APPROXimaTELY 8.87 ACRES or LAND.
1.5 CURRENT ZONING
A. THE CURRENT ZONING lS A-2 RU~L AGRICULTURE DZSTR~CT.
A. THE' CO~PREHENSI~ P~N D~GNATES THE SUBJECT PROPER~ AS
BEING WITHIN T~E 'U~AN A~A" OF COLLIER C~NTY
1.7 PHYSICAL DESCRiPTiON
A. THE PROJECT S~TE CONSISTS OF APPROXZ~TELY ~.~ ACRES Or
THE EXISTING EL~AT~ON ~S AP~ROXI~LY 10 FEET NGVD.
SECTION 2
PROJECT DEVELOPflENT
2.L PURPOSE
AD
THE PURPOSE OF THIS SELl'ION IS TO DELItlEATE AND GENERALLY
DESCRIBE TIlE PROJECT PLAN OF DEVI:LOPMENTo THE RF~PECTIVE USES
Or THE PARCELS INCLUDED IN THE PROJECT, AS WELL AS THE PROJECT
CRITERIA FOR FUTURE DEVELOPMENT.
2.2 G£!~ERAL
REGULATIONS FOR DEVELOPMENT or THIS PROJECT SHALL BE IN
ACCORDANCE ~ITH THE CONTENTS or THIS DOCUMENT, PUD-PLANNED
UNIT DEVELOPMENT DISTRICT AND OTHER APPLICABLE SECTIONS AND
PARTS OF THE COLLIER COUNTY ZONIIIG ORDINANCE.
2.3
B. UNLESS OTHERWISE NOTED, ~E DEFINITIONS OF ALL TKRM~ SHALL BE
THE SA~IE AS THE DEFINITIONS SET FORTU IN THE COLLIER COUNTY
ZONING ORDINANCE.
C. ~HERE APPLICABLE STANDARDS AR£ NOT SPECIFIED (YI'ltERWlSE IN THIS
PUD DOCUMENT, THOSE OF THE COLLIER COUNTY ZONING O~INANCE
SHALl APPLY. ·
MASTER PLAN AND L~ND USE..~ ..... . . .... ,: ..',
A. THE ~ASTER P~N C~NSISTS Or iN OVE~L~ ~T O~ ADPROXI~TEb~
8.8~ ACRES OF INTERCHANGE RELATED LAND AND ITS RELATED
STREETS, OFF-STREET PARKING,'~F-STREET LOADING/UNLOADING AND
A ~ATER RE~NTION A~A~ SEE SITE P~N. .
2.4 pHASES OF DEVELOPMENT
Ao
THE PETITIONER INTENDS TO BEGIN CONSTRUCTIO~ OF THE BUILDINGS~
ROADS~ DRAINAGE, AND OTHER SITE IMPROVEMENTS UPON APPROVAL OF
THE PETITION BY THE COUNT~ AND CONTINUE WOR~ING UNTIL ALL OF
THE SITE I~PROVEMENTS ALONG WITH ALL REQUIRED BUILDINGS ARE
CO~IPLETED IN ACCORDANCE WITH T'dE CONDITIONS OF TItE APPROVED
PUD DOCUMENT.
2. 5 SITE PLAN PROCESS
A. THE DEVELOPER or ANY TRACT MUST SUBMIT A CONCEPTUAL SITE PLAN
FOR THE ENTIRE TRACT PRIOR TO FINAL SITE DL'Vt:LOPMENT PLAN
SUBMITTAL FOR ANY PORTION OF THE TRACT. THE DEVELOPER PAY'
CHOOSE NOT TO SUBMIT A COtlCEPTUAL SITE PLAN IF A "SITE
DEVELOPS'lENT pLAN" IS SUBMITTED AND APPROVED FOR THE ENTIRE
TRACT.
B.' THE DEVELOPER OF ANY TRA~T }lUST SU~MIT, PRIOR TO OR AT
SAME TIME OF APPLICATION FOR A B. UILD1NG PERMIT, A DETAILED
SiTF. DEVELOPMENT pLAN fOR HIS TRACT Or PARCEL IN CONrO.~NCE
WITH THE ZOHII~G OROINANCE SECTION 10.S D~LOPHENT P~N
APPROVAL. THIS ~N SIIALL ALSO SIIO~ THE L~ATIO~ AND SIZE Or
ACCCSS TO ANY T~CT TIiAT ~ES EOT AOUT A PUBLIC
C. IN TH~ EVENT THAT A~ ESTABLISHED T~CT AS 1D~TIFI~D ON TH~
APPROVED PUD HASTCR P~N 1S PROPOS:~ TO BE FURTUER DIVIDED IN
A F~N~ER THAT ~ES NOT AffECT THC APPROVED INF~STRUC~R~,
INCREASE THE NUHBKR or D~KLL~NG UNITS. INCR:AS~ DENSITY,
CHANGE T~K DWELLING TYPE OF CHANGE _PERMUTED USES WITHIN THE
T~CT, THE D~LOPKR SHALL SUBMIT A R~ISED PUD MASER pLAN
INDICATING ~K DIVISION OF THE ESTABLISHED T~CT PRIOR TO
TEE SUB~4ITTAL OF A SITE D~ELOP~ENT P~N FOR THE D~ELOPf4ENT
OF SUCH T~CT.
THE REVISED PUD MASTER P~N SHALL BE SUBNI~ED TO
PLANNiNG/ZONING DI~CTOR FOR REVIEW AND APPROVAL.
2.6 S~TE D~ELOPMENT P~tl APPROVAL PR~ESS ' '
A. SiTE D~ELOPMENT P~N APPROVAL, WHEN D~I~D OR REOUI~D BY
THIS DOCUMENT, SHALL FOLLOW THE PR~EDURE AS OU~INEO IN THE
ZONING ORDINANCE.
2.7 MAINTENANCE OF COMMON AREAS
OWNERSHIP OF A PROPKRT~'OWNKRS ASS~XATZON OR SO~K SUCH
SIMILAR ORGANIZATION OF ~IOENTS. THIS OR~NIZATION WILL BE
CONDITIONS SET tORTE IN.THE APPRO~D PUD
A. POLLING PLACES SH~LL BE ,ERMI~EO AS DEEMED APPROPRIATE BY
RECOMMENDATION FRO~I THE SUPERVISOR OF ELECTIONS TO THE BOARD
OF COUNTY CO~4~SSZON~S ZN ACCORDA~IC~ WITH $~TION ~,~ OF
ZONING ORDINANCE
2.9 FI~ HYDRANTS
A. FI~ HYD~NTS S~L BE REQUZ~D PER ~E ~TANDA~S OF
SUBDIVISION ORDINANCE.
2.10 ~SSUANCE Or F~NAL C~RT~ICATE Or
A. PRIOR TO T~E ISSUANCE Or A rZNA~ CERTIFICATZ OF OCCUPANCY,
CC~:M~TMENTS ZN ~ PUD ~CUM~NT SMA~L BZ M~ BY THE
UNLESS SO~E O~ER AR~NG~NT 2S H~TJALLY A:R~D ~DO~I BY TH~
D~ELOPER AND THE ZONING D~R~CTOR.
2,11 t. IAX].~.IU,'.I NUI~IBT..I~ OF 'TRAI,;S].r-W~ LODGING UNITS
A. '/"HZ FIAX~I'4UH h'UHB£R OF 'TRANSZ£NT bODGING UNZTS ZS 176 UNZTS.
SECTIO~ 3
LAIID USE REGULATIONS
3.1
PURPOS~
A. IT IS TH£ PURPOSE OF THIS SECTION TO OUTLINE THE LAND USE
REGULATIONS OF THE PROJECT SO THAT THE DEVELOPMENT WILL
PROCEED IN A MANNER WHICH IS CONSISTENT ~ITH THE PUD DOCUNE~T
AND ACCORDING TO THE GENERAL GOAL AND OBJECTIVES OF ThE
COUNTY'S COMPREHENSIVE PLAN.
3.2 PERMITTED PRINCIPAL USES AND STRUCTURES
A. AUTOMOBILE AND TRUCK FUEL DISPENSING FACILITIES.
B. BUSINESS AND PROFESSIONAL OFFICES.
C. MOTELS; HOTELS AND OTHER TRANSIENT LODGING FACILITIES
D. OFFICES, GENERAL PURPOSE - '
' E. RESTAURANTS (INCLUDING DRIVE-IN AND FAST FOOD RESTAURANTS)
' 3~3 .PERMITTED ACCESSOR~ USES ANO STRUCT1JRES - "... ' '
PERMITTED IN THIS DISTRICT."-'~:.''~. ...."
-' B. CARETAKERS RESIDENCE, ONE PER PARCEL OF LAND.
3.4 PERMITTED PROVISIONAL USES AND STRUCTURES
A. ANY USE NOT SPECIFICALLY PERMITTED OR PROHIBITED WHICH IS
OTHERWISE LA~FUL AND IS IN KEEPING WITH THE OVERALL CHARACTER
OF THE DISTRICT
3.5 PROHIBITED USES AND STRUCTURE
A. ANY USES OR STRUCTURES NOT SPECIFICALLY , PROVISIONALLY, OR BY
REASONABLE IMPLICATION PERMITTED ~EREIN
3.6 DEVELOPMENT STANDARDS
A. MINIMUM LOT AREA: TWENTY THOUSAND [20,000) SOUARE FEET
B. MINIMUM LOT I;iDTH: 100 FEET
C. MINIMUm: YARD REQUIREMENTS.
NOTE: SETBACKS SHALL BE MEASURED ['ROM TRACT BOUNDARIES AS WELL AS
TRACT BOUNDARIES RESULTANT FROM THE PROVISIONS OF SECTION 2. S.
,, ..,- >:. · ..... ~;.. ,.: ...... . ................,.- ..... ~,'~,,..-.-: ........... . ..' :....-..
~.~_-':-Y." ~,:~:':~ ~' ::: ',"7:::, .' ~.~ ~::;~:,-_;,,~ :'
~...:~.~-:.:.~...- --.' _ , '. . . .L' . ~....'...._; :,.'.-.
1) 'FRONT YARD - Twr-t~TY-rlVl: I?$1 r~.ET raO~ A PUBLIC STR:ET;
T~N (~0) ~ET FROH A ~RIVATE
2) S~DE YARD - NONE, OR A ~1INI~IU~I OF FI~ (5] FEET IF A S~DE
YARD IS PROVIDED.
3) SIDE YARD - A BUILDING , PARKING AND IMPERVIOUS SET~ACK OF
TMI~Y .(~0) FEET SHALL BE PROVlO~ ALO~G ~E WEST PRO~ER~
LINE. ~IS SETBACK STANDA~S ~y BE ~DUCED ~ A TE~
FOOT BUILDIHG AND PAR~ING SETBACK IF THE
_ PROPERT~ TO THE H~T D~LO~.S I~O CO~IHERCIAL USES.
4}SETBAC~ REOUI~TS ARE M~SURED FRO~ TU~ RIGHT-OF-WAY
LINE IH CASES iNVOLVING PUBLIC STREETS. IN CASES
TltE PROPERTY IS PROVIDED ACCESS THROUGH AN EASEUENT, THE
SETOACK REOUI~EHTS SHALL BE ~EASURED FRO~I THE INSIDE
EOGE Or THE PRIVATE EASEHENT Or TH~ SUBJECT PROPERTY.
THE EVENT T~AT THE O~ER OF THE PROPERTY IS UNABLE TO
PROVIDE ADEOUATE OFF-STREET PARKING, LOADING AND ~HICU~R
CIRCULATION AS A ~SULT Or H~SURING THE SETBACK rROH T~
INSIDE EDGE OF A PRIVATE ~SE~EtaT, THE ~OHI~G DI~CTOR
AUTHORIZED TO REDUCE THE SETBACK R~UI~EHTS FRO~ THE
INSIDE EDGE OF THE PRIVATE ROAD, PROVID~ SUCH R~U~ION
IS NOT GRATER THAH 25~ Or THE ~UI~9~SETBACE..
F. ~INZ~U~ FLOR R~A ~F STROC~R~ ...... "
G. ~ItaI~U~ OFF-STREET PARKING AND OFF-STRE~T LOADING
1) AS REOUI~ BY T~E C~NTY ZONING O~INANC~ AT TRZ TIHE DP
APPL~CAT2ON ~OR CONSTRUCTION
SIGNS
1) AS R:OUI~D BY TH~ C~NTY ZONING O~NANCE AT THE TI~E OF
APPLICATION FOR CONSTRUCTION
:. L~GHTING
1) LIGHTING FAC~LIT~S S~A~ ~E AR~NG~D ~N A ~NN~R
WILL PROTECT ROADWAYS AND A~AC~NT PROPERT~S FROFI D~CT
GLAR~ AND ~R ~NTERrER~NC~S
IqINI/'IUN LAI4DSCAPIt~G REQUIR£tqENTS
~.) AS REOUZRE. D BY TH~ C~ A~ ~E ~Z~E OF APPL~CATZON for
CONSTRUCTION PERMITS
K. ~Et:CE R~QU~EIITS
AS REQUIR~ BY THE C~NTY Z~IKG ORDINANCE AT THE TI~E OF
APPLICATION FO~ CONSTRUCTICH. PE~IITS.
L. AUTOF1OBILE AND.TRUC~ FUEL DIS~E[~SII~G FACILITI~
1) THE DEVELOP~E:~T OF A~ AU~MOBILE OR'TRUCK FUEL DISPENSING
FACILITIES SHALL H~ET ~ STANDARDS OF SECTION 9.8 Or THE
~OtIlt;G ORDINANCE UNL~S HONE RESTItlCTIVE STANDARDS ARE
REOUZ~D BY THIS PUD ~UHENT.
~.~
4.2 PUD
4.3
4.4
4.5
4.6
GENERAL DEVELOPML'~NT REOU ~REMENTS
THE PURPOSE Or THIS SECTION IS TO SET FORT~ T½E GENERAL
DEVELOPMENT REQUIREMENTS AND CONDITIONS £Ok OEV£LOPHENT O£ THE
PROJECT.
MASTER PLAN
THE PUD HASTER PLAt; HEREIN ZS INTENDED AS AN ILLUSTRATIVE
PRELIMINARY DEVELOPMENT PLAN. THE DESIGN CRIT£RIA AND LAYOUT
ILLUS'£RAT£D ON
rLEXZBL£, SO THAT, T~E FINAL DESIGN ~AY SATISFY PRO~ECT
CRITERIA AND CO~PLY NITH ALL APPLICABLE REQUIREMENTS OF THIS
ORDINANCE.
B. ALL NECESSARY EASEMENTS, DEDICATIONS, O~ OTHER INSTRUMENTS
SMALL BE GRANTED TO INSURE THE CONTINUED OPERATION AND
~.~I~;TENANCE OF ALL PUBLIC SERVICE UTILITIES.
C. MINOR DESIGN CHANGES SMALL BE PERMITTED WITH COUNTY STAFF
ADMINISTRATIVE APPROVAL ..... , - -'.
ACCESS TO PROPERT~ ..
A. THE PROJECT SHALL BE LIMITED TO ONE POINT OF ACCI:SS TO PINE
RIDGE ROAD. UNLESS A SHARED ACCESS CAN BE NEGOTIATED WITH THE
PROPERTY OWNER TO THE WEST, ACCESS SHALL BE ADJACENT TO THE
EAST PROPERTY LINE WITH MOVEMENTS LIMITED TO RIGBT TURNS IN
AND RIGHT TURNS OUT. A FUTURE S~ARED ACCESS AT THE WESTERN
PROPERTY LINE WILL BE pERMITTED IF REQUESTED, ~UT ONLY ON THE'
CONDITION THAT THE THEN EXISTING ACCESS TO THE EAST BE CLOSED.
PRIVATE ROADS
A. THE INTERNAL ROAD SYSTEH SHALL BE PRIVATELY O~ED AND
MAINTAINED BY THE PROPERTY OWNER OR ASSIGNS.
SOLID WASTE DISPOSAL
A. ARRANGEMENTS AND AGREEMENTS SHALL BE MADE WITH COUNTY APPROVED
SOLID WASTE DISPOSAL COLLECTOR.
ELECTRICITY, TELEPHOt:E, CABLEVISION
A. ARRANGEMENTS AND AGREEmeNTS SHALL BE ~DE WITH COUNT~/ APPROVED
CONTRACTORS FOR T~E PROVISION OF SERVICES.
SECTION 5
DEVELOFI'II~;IT COMI'I IT.M ENTS
COMPLY W~TH ALL OF THE COt:D~TIONS OF APPROVAL INCLUDING TIlE FOL-
LO~a I NG:
ENVZ~GN~IE:~TAL PROTE~]ON "
STANDARD EAC STiPULATiONS : THRU a. (ADOPTED BY EAC 4/1/8~)
A. ~ET~T:ONER SHALL BE SUBJECT TO ORD~NANC: ~5-2~ (OR THE TREE/
VEGETATION REI~OVAL ORDINANCE ~N EXISTENCE AT THE TZ~: OF
~ER~TT~NG), REQUZR:IIG THE ACOUiS~T~ON Or A TREE RE~OVAL
PER~T PRIOR TO ANY ~ND CLEARING. A S~TE CLEAR~NG P~N SHALL
BE SU~FI~TTED TO THE NA~RAL RESOURCES ~NAGEM:NT DE~AR~ENT
FOR THEIR REV~E~ AND SUBJECT TO APPROVAL ~R~OR TO ANY ~ORK ON
THE S~TE. THIS P~N MAY BE SUBMITTED ZN ~HASES TO COINCIDE
WITH THE D~LO~:4ENT SCHEDULE. THE S~TE CL~R~I4G ~N SItALL
CL~RLY DEPICT ~OW THE F~NAL ~YOUT ~NCORPO~TES RETA]llED
NATIVE ~GETAT~ON TO T~E ~XZMU~I EXTENT POSSIBLE AND HOW
ROADS, BUILDINGS, ~KES, ~ARK~I~G LOTS, AND OTHER
HAVE BEEN ORIENTED ~ ACCO~IODATE THIS GOAL.
B. NATZ~ SPECIES S~ALL BE UTiLiZED, W~ERE AVA~BLE, ~ THE
~XIMUM EXTENT ~OSSIBLE ~N THE SITE LANDSCAPING D~IG~. A
LANDSCAPING P~N WILL ~E SUBMITTED TO T~E CO~UNITY
D~ELOPMEtaT DIVISION AND T~E NA~L RESOURCES ~NAGE~I~T
DEPARTMENT FOR T~EIR R~IEW AND THEIR APPROVAL. THIS
WILL DEPICT THE INCORPO~TION OF NATIVE SPECIES AND THEIR MIX
WITH OTHER SPECIES, IF ANY. THE GOAL OF SITE ~NDSCA~NG
SHALL BE THE RE-C~TION OF NATI~ ~GETATION AND
CHA~CTERISTICS LOST ON T~E SITE DURING CONSTRUCTION OR DUE TO
PAST ACTIVITIES.
C. ALL EXOTIC PLA~TS, AS DEFINED IN THE COUNTY CODE, SHALL
REMOVED DURING EAC~ PH~E OF CONSTRUCTION rRoa D~LOPI4ENT
AREAS, OPEN SPACE AREAS, AND PRESERVE A~AS. ~OL~WIIIG
D~LOPMENT A ~ZNTENANCE ~R~M SHALL BE ~MPLEMENTED
PREVENT RE-INVASION OF THE SITE BY S~H EXOTIC SPECIES. THIS
PLAN, WHICH WILL D~CRIBE CONTROL TECHNIOUES AND INSPECTION
INTERVALS, SHALL BE FILED W~TH AND SUBJECT TO APPROVAL BY THE
NATURAL RESOURCES ~NAGEMENT DEPARTMENT AND THE CO~UNITY
DEVELOPMENT DIVI SION.
D. IF DURING THE C~RSE Or SITE CL~RING, EXCAVATION, OR OTHER
CONSTRUCTION ACTIVITIES, ANY ARCHAEOL~ICAL OR ~S~RICAL
SITE, ARTIFACT, OR OTHER INDICATOR IS DISC~ERED ALL
D~ELOPMENT AT THAT L~ATION SHALL BE ~IATELY STOPPED AND
THE NA~RAL RESOURCES ~NAGE~IENT DEPARTMENT
DE~LOPMENT WILL BE SUSPEND~ FOR A SUFFICIENT L~GT~ OF TIME
TO EN;,,IILC THE HATURAL RESOURCES I, tANAGEMENT DEPART~'IENT OR A
DESIGNATED CONSULTANT TO ASSESS THE FIND AND D£TERMII~E TIlE
PROPER COURSE OF ACTION IN REGARD TO ITS SALVAGEABILITY. THE
NATURAL RCSOURCES MANAGEMENT DEPART.MENT SHALL RESPONO TO ANY
SUCH NOTIFICATION IN A TIMELY AND EFFICIENT I,iANNER SO AS TO
PROVIDE ONLY A MINIHAL I~TERRUPTION TO ANY CONSTRUCTION
ACTIVITIES.
E. THE PE'I~ITIONER SHALL, WHERZ FEAS1BLE.~ TRANSPLANT NATIVE SHRUB
AND TREE SPECIES SUCH AS WAX MYRTLE, DAHCK:IN HOLLY, AND CABBAGE
PAL.'q, IIlTO LANDSCAPE AREAS OF THE DEVELOPMENT.
F. THE NECESSARY PROCEDURES FOR GOPHER TORTOISE RELOCATION
[FLORIDA GAME AND FRESW.{ATER FISH
FOLLOWED IN THE EVENT A GOPHER TORTOISE IS FOUNO ON SITE.
TRAFFIC
A. THE DEVELOPER SHALL PROVIDE DP 'ILO 15 FEET OF AODITIONAL
RIGHT-Or-WAY ON THE SOUTH SIDE OF 'PINE RIDGE ROAD FOR FUTURE
BIKE PATH AND DRAINAGE 1/.IPROVEMENTS, THE EXACT AMOUNT TO BE
DETERIqlNED WHEN DRIVEW,<Y PERI4ITS ARE ISSUED.
B. THE PROJECT. S,ALL"~E L'IMITED TO ONE i'O~NT O~' ,iC~£SS ~O PINE
RIDGE ROAD .... UNLESS A SHARED ,CCESS CAN.BE NEGCrrIATED WITH
PROP£RTY OWNER TO THE'WEST, ACCESS SHALL 'E ADJACENT TO THE
AND RIGHT TURNS OUT. A FUTURE SHARED ACCESS .AT THE WESTERN
· ' PROPERTY 'LINE WILL BE'PERMITT~.E~. IF'REOUESTED,.BUT ONLY ON THE
CONDITION THAT TIlE THEN EXISTING ACCESS TO THE EAST BE CLOSED.
C. THE .DEVELOPER SHALL PR(~VIDE AN EASTBOUND .RIGHT TURN I.AI~E A~D
ARTERIAL LEVEL STREET LIGHTING AT THE.PROJECT ENTRANCE. .
P. THESE IMPROVEMENTS ARE CONSIDERED 'SITE RELATED' AS DEFINED IN
ORDINANCE 85-55 AND SHALL HOT BE APPLIED AS CREDITS TOWARD ANY
II~lPACT FEES REQUIRED BY THAT ORDINANCE.
ENGINEERING
A. SECTION 4.4 OF THE PDD DOCUMENT REVISED AS REOUESTED.
B. THIS PROJECT SHALL BE RESTRICTED TO ONE ACCESS DRIVE £RO~'I PlIqE
RIDGE ROAD. NOTE TItAT THE OWNER SHOULD PURSUE A DRIVEWAY
INTER CONNECTION WITH PINE RIDGE CENTER P.U.D. WHICH IS
LOCATED TO THE EAST. ·
WATER MANAGEMENT CONSIDERATIONS
A. DETAILED SITE DRAINAGE PLANS SHALL BE S~-iI'FTF..D ~ THE WATER
MANAGEMENT DIRECTOR FOR REVIEW.. NO CONSTRt~TION PER~IITS SHALL
· BE ISSUED UNLESS AND UHTIL APPROVAL OF THE PROPOSED
CONSTRUCTION 'IN 'ACCORDANCE WI'IH THE SUI~MITTED pLANS IS GRANTED
O. AN EXCAVATION PER~IIT WILL BE REOUEEED FOR T~E PROPOSED LAKE
IN ACCORDANCE WITH COLLIER COUNTY OROINANCE 88-26.
C. OUTFALL SYSTEH ALONG PINE RIDGE ROAD AND 1-75 SUALL BE
V£RIrIED TO MEET THE REQUIRED ELEVATIONS AND CAPACITY FOR THE
PROPOSED OPERATION or TI~E WATER f~NkGEMENT SYSTE~.
COUNTY UTILITIES
A. THE UTILITIES DIVISION HAS NO OBJECTION SUBJECT TO FIEMO Or C.
w. TE~BY DATED JUNE 8, lgBa, COPY ATTACNEO.
H. ENVIRO:;HENTAL SCIENCE AND POLLUTION CONTROL DEPAkTMENT:
1) IF A VEGETATIV~ BARRIER IS PLACED AROUND THE PACKAGE
TREATMENT PLANT AND/OR LAND DISPOSAL AREA, THE ESPCD
RECOMMENDS THAT IT BE LOCATED IN A ~NNEk SO IT DOES NOT
EFFECT TIlE PROPER OPERATION OF T~E TREATMENT PROCESS.
THE ESPCD RECOMJt£NDS THAT THE PETITIONER LOCATE THE LAND
APPLICATION SITE A~AY FROM ANY DRAINAGE DITCH AND/OR S~ALE
TItAT MAY AFFECT THE PROPER OPERATION OF THE LAND DISPOSAL
SITE.
FIRE DISTRICT
A. THE NORTH NAPLES FIRE DISTRICT WILL REQUII~ FIRE HYDRANTS FOR
THIS AREA BEFORE BUILDING PEREITS WILL BE GRANTED FOR ANY
STRUCTURE. THE WATER FLOW FOR THIS AREA WILL REQUIRE
G.P.M. AT 20 P.S.I.
GENERAL RE~UIREt'1ENTS
A. THE INTERIM SEWAGE TREATMENT SYST~H PLANT SHALL BE BER~ED TO
SCREEN THE FACILITY FROM ADJACENT OR NEAR-BY LAND USES. THE
BERM SH~LL BE ~GETATED WITH ~LANT TYPES PROVIDED IN SECTION
8.30 OF THE ZONING ORDINANCE.
B. THE ESPCD SHALL BE CONTACTED TO PROVIDE GUIDANCE AND TO
APPROVE FINAL DESIGNS FOR SEAMING AND LANDSCAPING THE SEWAGE
TREATMENT PLANT.
'q I
,4,
STAFF REVIEW AND RECOMMENDATIONS RELATIVE TO ORDINANCE S7-9, AS
AMENDED, ALSO KNOWN AS THE PINE RIDGE CENTER PUD, WHICH,
ACCORDING TO T~E REQUIRED PUD STATUS REPORT SUBMITTED BY THE
PROPERTY OWNER/AGENT, HAS NOT COMMENCED CONSTRUCTION, AS
DEFINED IN SECTION 2.7.3.4 OF THE COLLIER COUNTY LAND DEVELOPMENT
CODE, RESULTING IN SEVERAL POSSIBLE COURSES OF ACTION FOR THE
BOARD OF COUNTY COMMISSIONERS TO CONSIDER.
Staff is requesting that the Board review staff's findings and recommendations r~arding the above
referenced PUD.
~ONSIDERATI N0..~_~
This PUD was originally approved on March 24, 1987. Section 2.7.3.4 of the Collier Count)' Land
Development Code requires that the project developer submit an armual report on the progress of
development, commencing on the fifth anniversa~' of the PUD approval by the Board of Count).'
Commissioners. The singular purpose of this report is to evaluate whether or not the project has commenced
in earnest in accordance with the criteria set forth in Section 2.7.3.4. For those PUDs approved prior to the
effective date of adoption of the Land Development Code, the five .,,'ear approval period commenced on the
adoption date, October 30, 1991. Therefore, the conditions set forth in Section 2.7.3.4. are applicable as of
October 30, 1996.
Thc above referenced PUD has been identified as a project which xsas approved prior to October 30, 1991
and which has not commence! construction as defined in Section 2.7.3.4. Staff has utilized the required
PUD status (monitoring) report, supplemented by field observation and review of in house records to verifi,.'
the current status of the PUD and as the basis of a recommendation to the Board consistent with the options
provided in Section 2.7.3.4 (1) 8: (2). Section 2.7.3.4 reads as follows:
2.7.3.4.
I~me limits for approved PUD master plan~ In the event that a PUD master
plan is given approval, and the iandanvner(s} shaH:
Fail to obtain approval for improvement plans or a development order for all
infrastructure improvements to include utilities, roads and similar improvements
required by the approved PUD master plan or other dtn'elopment orders for at
least 15 percent of the gross land area of the PUD site ever).JTve years of the date
of approval by the Board of CounO' Commissioners; and
JAN 2 1 1997
o
2.
Fail to receive final local development orders for at least 15 percent of the total
number of approved dwelling units In the PUD, or in the case of Pt/Ds
consisting of nonresidential uses, $0 percent of the total approved gross leasable
floor area within the PUD every sLx years of the date of approval by the Board of
Count)' Commissioners.
The project developer shah submit to the Planning Services Director a status
report on the progress of development annually commencing on the fifth
anniversary date of the PUD approval by the Boartf of CounO' Commissioners.
The singular purpose of the report wiH be to evaluate whether or not the project
has commenced in earnest in accordance with the criteria set forth above.
Should the Planning Services Director determine that the development has
commenced in earnest, then the land shah retain its existing PUD approval and
shah not be subfect to additional review and consideration of new development
standards or use modification.
Should the Planning Seen'ices Director determine that the development has not
commenced in earnest, then upon review and consideration of the report
provided by the tn,'ner and an). supplemental information that ma)' be provided,
the Board of County Commissioners shah elect one of the follons'ing:
To extend the current PUD approval for a maximum period of two )'ears; at the
end of which time, the owner will again submit to the procedure as defined
herein.
Require the owner to submit an amended PUD in which the unlmproved portlons
of the original PUD shall be consistent with the Growth Management Plan. l'he
existing PLT) shah remain in effect until subsequent action by the Board of the
submitted amendment of the PUD.
If the owner fails to submit an amended PUD within slx months of Board action
to require such an amended submittal, then the Board ma)' initiate proceedings
to rezone the unimproved portions of the original PUD to an appropriate zoning
classification consistent with the Future Land Use Element of the Growth
Management Plan.
In the case of developments of regional impact, time limit restrictions shall be
superseded b)' the phasing plan and/or time limits contained within the
application for development approval and approved as part of a development
order in conformance with F.S. 5~ 380.06.
-2-
SYNOPSIS QF APPROV]ED LAND
Tl~s PUD coet,~n~ ~.74 ~cn= of ]and more or less znd is locked ~dfin ~ d~i~nated Activity Centcr which
is fur~cr located in thc sou~wc~'t qua~t ofth¢ l-7$/Pine ~dgc Rc~ In~rch~nge Activity Center a~jacent
to the Pine Ridge Center West PUD. The uses ofland authorized by the PUD are as follo~:
A)
l. Automobile and truck fuel dispensing facilities
2. Business and professional offices
3. Convenience commercial
4. Motcls and hotels
5. Automobile rentals
fi. Rcstaunmts (including drive-in and fast food)
The PUD does regulate the intensity of thc above land uses and requires development to comply with site
development plan criteria.
CONSISTENCY WITH THE COMPREHENSIVE GROWTH MANAGEMENT PLAN;
Thc subject PUD is designated Urban-Mixed Usc/Interchange Activity Centcr on thc Future Land Usc Map
ofthc GMP. Based on staff.review of thc approved land uses, thc PUD has been determined to be consistent
with the Collier Count3' C:;ro,a~h Management Plan. Relative to other applicable consistency relationships the
follo~ng ma), be advised:
Traffic Circulafign Element - The PUD is consistent ~4th rclevant policies of the TCE, however relative to
thc Access Management Plan and the PUD Master Plan and text should be amended to establish a service
drive parallel to Pine Ridge Road to access propeR. to the west. Thc plan should also make provisions to
provide 35 feet of right-of-way along thc south side of Pine Ridge Road and limit access to the site to a right.
in/right-out only.
P0~abl~ Water and Sanitart' Sewer Element - Presently sanitary sewer and public ~ater is available to the
site. The PUD should clariS' that connection is necessary to the County's sc~ver and water system.
In all other respects applicable clements of thc GMP arc consistent ~ith clement goals, objectives, and
policies.
CONSISTENCY WITH THE COLLIER COUNTY LAND DEVELOPMENT CODE
Thc PUD has been distributed to the appropriate jurisdictional review entities specifically for review of
PUD for consistency with current land devclopmcnt regulations. Based on that review, the following
inconsistencies have been identified:
Transportation: (Traffic impacts, access management, etc.) - Thc PUD requires 30 feet of additional right-
of-way along Pine Ridge Road. However, the Transportation Depanmen~ is requesting 35 feet (five
additional feet) of right-of-wa.,, along the south side of Pine Ridge Road for road~.x' widening purposes.
Thc Access Management Plan calls for only one ingress/egress into thc site and recommends an interconnect
to the west for pro~4ding a service dnvexx~y bc~vcen these commercial PUD's. Thc project also requires an
eastbound fight turn lane. The current PUD document makes no provision for an interconnect bct~
projects or an eastbound right turn lane.
JAN g 1 1997
-3-
Landscape: (Buffers/Green Space) - Staff advises that the PUD and Master Plan is consistent with
provisions of thc LDC because the PUD advises that where silent the most similar provision of the LDC
applies, particularly when subsequent development permitting applications are made (i.e. platting and SDP).
Environmental: ~rot.~"~ species, green/open space) - Staff advises that the PUD is consistent with
provisions of the LDC, however in t~e event the PUD is amended environmental stipulations should be
amended to achieve the same ends but through different references and the ElS statemen! currently pan of
the PUD document should be made a pan of'the petition file. '
Engineering/Site Development: (Sewer/water, drainage issues) - No inconsistencies were rcpon~ howev~,
staff advises that in the event of an amendment certain development commitments should be changed to
reflect current code references.
PUD D£VELOPM£NT STANDARD$_~
Sctback requirements from Pine Ridge Road is seven~, five (75) £cet. This is considerably more than the
sctback required by commercial zoning districts. Other s~back requirements are dealt wit~ in an unusual
manner and depend upon the ~;>c of development which occurs on ad.~acent property boundaries.
Building heights are authorized at a maximum height of fifty (50) feet. This is ~'pically the historical
practice for Interchange ActJvit'y Center PUD's.
STAFF COMMENTS:
Staff is of the opinion that there is sufficient justification to require thc owner to submit an amended PUD.
Thc PUD should be amended to reflect development and Master Plan commitments that are consistent with
the Count3"s Access Management Plan and in particular provisions for an interconnect to the west and
shared access to Pine Ridge Road. The requirement for an amendment xs~ll give staff an opportunity to
review right-of-wa.v requirements for expanding Pine Ridge Road. '
Amended provisions should also deal with landscape buffer requirements that are consistent with current
requirements. Environmental stipulations should be revised to achieve current requirements while the
utilities plan should be amended to require connection to the County's water and sewer system. Finally,
inasmuch as the PUD is to be amended, references and PUD format should be made consistent w/th current
practice. The revised PUD should also contain language that requires submission of a unified architectural
plan. Given the ex'tent of changes this amendment should be in the form ora rezoning from PUD to PUD in
which thc current document is repealed.
.FISCAL IMPA CT:
A ~vo year extension of this PUD Ordinance ~511 have no fiscal impact on Collier C0unts...
-4-
1997
STAFF RECOMMENDATION;
Based on a comprehensive review of this PUD document, staff recommends that the Board of Countx'
Commissioners direct the o~?m'/entity ofthe Pine Ridge Center PUD to submit an amended PUD w~ithin th~
time frame allowed by the LDC requirements.
PREPARED BY;
DA~E ~
REVIEWED BY;
RO~cP
CURRENT PLANNING MANAGER
DATE~ ~
DONA'L-~ W. ARNOL-'D, ~klCP ' DATE '
PLANNING SERVICES DEPARTMENT DIRECTOR
VINCENT A. CAUTERO, ADMINISTRATOR DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
Ordinance $%9 Ex Sumndpd
-5-
AGENDA. LTrj~
JAN 2 1 1997
MEMORANDUM
To: David C. Weigel
aff(~.mty Attorney
From':' Marjorie M. Student
Assistant County Attorney
Date: November 18, 1996
Re: PUD Sunset'ting Concerns
I have several legal concerns regarding the sunsetting of PLrDs should that involve
adjusting density or land use. They are categorized in this memo. Additionally this is a response
to Attorney Richard Grosso's legal opinion to the Florida Wildlife Federation dated October 21,
1996.
I. Bert .T. Harris. Ir. Private Property_ Rights Protection Act (Section 70.01. Florida Stat'utes)
First of all, I disagree ',vith ?,,ir. Grosso concerning the grandfathering language of the
Property Rights Act. tie is correct in stating that subsection 2.7.3.4. of the Land Development
Code (LDC) dealing with PUT) sunsetting is not subject to the new law. However, he ignores the
fact that any PUD amendments necessao' to implement any BCC recommended changes to a
PUD document, including density reduction or a land use change, would require the adoption of
a new ordinance that would be subject to the Act. The date after which the law applies to
ordinance adoptions is May 1995. Subsection 2.7.3.5.5. of the LDC requires that any text change
to a PUD must be accomplished by ordinance. Moreover, Subsection 2.7.3.4 requires that should
the property owner not make the necessary PUD amendments required by the sunsetting process
then the BCC has the authority to rezone the PUD to an appropriate district. Ttgs too, would
have to be accomplished by an ordinance adopted after the "trigger date" set forth in the Act and
thus be subject to it.
I also disagree with Mr. Grosso on the density reduction issue for the following reasons.
No Florida court has )'et had the opportunity to construe any of the key terms in the Act.
Subsection 70.001 (2) provides that [w]hen a specific action of a governmental entity has
inordinately burdened an existing use of real property or a vested right to a specific use of real
property, the property owner of that real property is entitled to relief, wNch may include
compensation for the actual loss to the fair market value ofthe property caused by the action of
the government. The key terms are "existing use", "vested right" and "inordinate burden."
JAN 2 1 1 3B7
%vcrnb~r ~, t996
::)zvid C. Wci~c!
?UD Su~scr~ Coaccms
?z~e 2
~c Act defines ~ cxist~g usc ~: l) ~ ac~al, present ~c or ac~vi~ on ~c real
propc~; 2) periods of imctivity no~ly msociatcd ~ or ~cidenml to ~c na~c or ~c of
usc ~at t~cs place on thc propc~; 3) such rcmonably forcs~c~lc, no~cculativc lind uses
w~ch ~e suitable for ~c subjcc~ propc~, ~c compafblc ~ ~jac~t lind mos md w~ch
have created m cxist~g fair m~kct value ~ ~c prop~ gcat~ ~ ~c fair m~kct value of
ac~al, present usc or activiw on ~c propc~. Sec Subsection 70.001(3)~), ~.
A vested fi~t, ~ defined M ~e Act, is dct~n~ by a~l~g ~e pfincipl~ ofequimble
estoppel or subst=tive due process under Florida co--on law or appl~g ~e sta~to~ law of
~e state. Subsection 70.001(3)(a), Elofida Sta~tes.
~e Act defines ~ inordinate b~den m m acffon by one or more gove~ental entities
that hm directly res~cted or limited ~e ~es of~e r~l prop~ such ~at ~e prope~ o~er
pe~=ently unable to a~a~ the remonable ~ves~ent backed expec~tion for ~e existMg use of
the prope~ or a vested fi~t to a specific use of~e r~l prope~ wi~ respect to ~e prope~
a whole. Additionally, it c~ me~ that ~e prope~ o~er is le~ ~ existing or vested
that ~e umeasonable such that the prope~' ox~er p~ently be~ a dispropo~ionate shall of
a burden ~posed for the good of~e public wMch ~ fairness should be borne by ~e public at
large. See Subsection 70.001(3)(e), Elodda Ste~tes.
There is no "bright line" test to dete~e what a vested fi~t is. These ~es of crees in
Florida have been dete~ined on a case by case b~is. Since our Zoning Reevaluation Pro,am
was set up to deal with this issue, an ~gument could be made ~at any prope~ that p~sed
t~ou~h that process ~d received an exemption pursuit to Subsection 106-40 of ~icle
"Zo~ng Reevaluation", Chapter 106, "Piing" of~e Code of Laws ~d Ordin=ces of Collier
Co~, Florida or a dete~nation of vested sta~ pursu=t to Subsection 106-46 of ~at
Ordin~ce could claim vested sta~s.
Moreover, the Act defines "exis:ing uses" broadly including those that are reasonably
foreseeable, nonspeculative, compatible and have created additional fair market value on the
properD,' over and above the existing use or uses. Re'zones from less intense and less dense land
uses to more intense, higher density land wes could have the effect of increasing fair market
value as in the case of a rezone fi.om Estates to PUD or Agriculture to PUD - depending of
course, on the land uses perrrfitted by the particular PUD. It is impossible to draw a '"oright line"
here either as each PUD must be evaluated on its own merit. The opinion ora property appraiser
should be obtained as to the effect of the PUD zoning on any given parcel of land as well as any
future dowrtzoning on such parcel upon fair market value. However, an argument could be
made that any reduction in density or decrease in the intensity of land use on the laUD parcel
could decrease the fair market value of the property and thus trigger the Act.
An argument could also be made that any downzordng of the PUD property has created
an inordinate burden thereon since as a result, the reasonable, investment backed expectations otr
the property owner are not capable ofbeing attained. Of course, this is a qu~ ition ~
JAN 2 1 1997
18, 1996
'UD S~nsct~ Concerns
,age cannot be uniformly applied to every PUD subject to the sunsetting. The term "reasonable,
investment backed expectations" is not precise. In fact a recent article in the ~
~ stated that the concept of investment-backed expectations remaLns an ambiguous
term that is difficult to apply. See "The Wisconsin Supreme Court Responds to Lucas", 48 _Land
_Use Law & Zoning Di_eest, lqo. 9 at page 6.
I therefore, conclude that in order for the County to stay within the Property P, ights Act,
each PUD must be evaluated on its own merit before any land use or density ch:rage c~n be
accomplished. Moreover, it is recommended that the County work with thc PUD property
owner to achieve a mutually beneficial result.
Fi. V_~ested Rights
Besides triggering the Bert J. H~Tis, Jr. Private Property P,.i~ts Protection Act, if vested
rights are interfered with by a local government there is ~n equitable remedy in circuit court - that
being a determination of vested status and a resulting court order permitting the vested project to
occur as originally approved. The common law elements of vested ri~ts or equitable estoppel in
Florida are as follows: an act or omission of a governmental entity upon which the property
owner has relied in good faith and has made such a substantial change in position or incurred
such excessive obligations and expenses that it would be hi_mhly inequitable and unjust to destroy
the rights he acquired. Smith v. City_' of Clearwater, B83 So.2d 691 ('Fla. 2d DCA 1980) These
matters are determined on a case by case basis. There is no "bright line" test. Therefore, any
dov, T~ZOning that may result from sunsetting of any PUDs should not interfere with a vested
right. Once again, an)' property owner that wzs .m-anted an exemption or determination of vested
rights through the County's Zoning Reevaluation process may be able to claim vested status so
far as density or permitted land use is concerned. Moreover, any property o~vner gaining PUD
approval since the adoption of the GMY may be able to achieve vested status by the donation of
right-of-way, creation of easements for public purposes or other related expenditures in favor of
the public and also related to the proposed development.
ITl. Nature of pUD Zonin~
In ~_orpoise Point p~-nershi? v. St. Johns Count, 532 So.2d 727 (]:la. 5~ DCA 1989),
the Court opined that the nature of'PUD zoning requires cooperation between the property
owner and the zoning authority in creating the over~ll plum. ]~. at page 728. The Court held that
a planned special development by its very nature must be sou~t by the property owner and
cannot be imposed over an owner's objection ~nd thus invalidated a PUD rezone imposed solely
by the County. ~. at page 729. Collier CounL'y's PUD requirements are quite similar to the
planned special development requirements of St. John's County at issue in porpoise Point.
While the case did not address PUD ~nendments, ~ argument could be made by a property
owner that due to the consensual nature of PUD zo~ng bet~veen it and the local government, a
PUD amendment c~nnot be imposed upon the property without the owner's consent. There is no
case law dealing with PUD amendments on this point. It is the opinion of~e writer that in
AGIr Nl,~.
NO. ~
JAN Z ! 1997
No~n~r 18, 1996
D~vicl C.
PUD $:msctt~ng ~nc~ms
Pa~e 4 ·
such a c~e, a cou~ would bal~ce the police pow~ ~terests of~e local gov~t ag~nst the
private interests of the prop~ o~er ~ dete~g whe~ or not ~e P~ ~en~t is
v~lid.
Additionally, I ~-n concerned that if densities ~re reduced too greatly the County may nm
afoul of the need to provide affordable housing pursuant to Subsection 163.3177((5)(0 of the
Growth Management Act. Additionally, there may be exclusion~'y zoning problems such as was
the case in _South Burlin_~on Coun _ty NAACP v. lVit Laurel Township, 67 N. J. 151,336 A.2d
713 (1975) where there were low density residential land use smnda.rcls imposed un~£ormly
throughout the Township.
I hope this memo answers your concerns relating to PUD sunset'ting. Should you have
any further questions or con'u'nents, please advise.
PUD Su.~se.~;.~.S Cocce~s
JAN 8 1
RESOLUTION 97-
A R~SOLUTION BY THE BOARD OF COUNTY COHHISSIONERS OF COLLIER COUNTY,
FLORIDA, PURSUANT TO SECTION 2.7.3.4 OF THE COLLIER COUNTY LARD
DEVELOPHENT CODE AFFECTING OROINARCE 87-9 ALSO KNOWN AS TI~E PINE RIDGE
CENTER PUD, REQUIRING THE SUBHITTAL OF A PUD AHENDH~NT; ~ PROVIDING
AN EFFECTIVE DATE.
9
10 WHERF. AS, the Pine Ridge Center P~, Ordinance 87-9, adopted on
11 Hatch 24, 1987, is subject to the provisions of Section 2.7.3.4., of
12 the Land Development Code (LDC}, Time Limits for Approved PUD
13 Plans; and
14 ~EREAS, the Board of County Commissioners has reviewed the PUD
Z5 and has deter~ined that the current PUD Zoning is inconsistent with
16 certain provisions of the Gro~h Hanagement Plan and the Land
17 Development Code~ and
18 NOW, THEREFORE BE IT RESOLVED, by the Board of Zoning Appeals of
19 Collier County, Florida that:
20 1. The above recitals are adopted herein by reference as if
21 fully set forth herein.
22 2. This Resolution shall constitute evidence of compliance with
23 the review requirements of Section 2.7.3.4 of the LDC.
24 3. Pursuant to said section of the LDC, the property owner or
25 agent shall submit an amended PUD to the Planning Services
26 Director prior to June 5, 1997.
27 This Resolution shall become effective immediately upon
28 approval.
29 BE IT FURTHER RESOLVED that this Resolution be recorded in the
30 minutes of this Board and in the records of the Petition for which the
31 extension is granted.
32
33
34
PAGE
JAN 21 1997
1
2
5
6
'7
10
11
12
14
15
16
1']
18
19
2O
21
22
24
25
26
2'7
28
3O
Co~missioner offered the foregoing
Resolution and moved for its adoption, seconded by Commissioner
, and upon roll call, the vote vas:
AYES:
NAYS:
ABSENT AND NOT VOTING:
ABSTENTION:
Done this day of
, 1997.
BOARD OF COUNTY COKHISSIONERS
COLLIER COUNTY, FLORIDA
BY:
CHAIRMAN
ATTEST:
DWIGHT E. BROCK, CLERK
APPROVED AS TO FO~M AND LEGAL SUFFICIENCY:
MARJORIE M. STUDENT
ASSISTANT COUNTY ATTORNEY
PINE RIDGE CENTER PUD/19067
PAGE
AG£N,t,~.tT[ M .
No. ~
JAN 2 1 1997
OROZXA~¢E 87-_ ~
., ,~. Zh~RC~G~ CO~RC~ USES TO& ~RO~ ;
~[~, Dr. Xeno J. SPalna zepresentlnS Jer~ rake',~
petitioned the Board o~ Co~t7 CalsSl~ers to change the o~n8
Classification of the herein described real propertT; ~
NO~, T~P~TORE BE IT OP~M~ b7 the ~oard o~ Count7 ' '...:.
Co~issioners of Collier CountT~ ~lorlda: . .
~e Zo~ng Classi~lcation of the bere~ describea rea~ ~r~er~7"
CountT, Tloriga is changed ~rom A 2 to "~" ~l~ea gait De~elo~ent
i= accordance ~th the ~ doc~eat nttac~ea ~reto ~ ~iSit
vhicb is incorpoTated herein a~d b7 reference ~e ~art hereof. ~e
O~ficial Zonin8 Atlas ~p N~ber ~-26-3, ~ gescribe8 ia Otaiunce 82-2, ..~:j~,..
is hereby aaendeg accordinsly. -.
This Ordinance shall bec~e e~Iective apoa receipt e~ notice
that is has been filed ~th the Secreta~ of State.
DATE: Din:ch 24, 1967
.¢..-~...-.::..-X C~..'N ~
· ' .' ,~'~"~S 'C. ~LES, ~
REZONE PETITION FROH
A-2 RUP. AL ACRICULTURE
TO PUD (PLANNED UNIT
DEVELOPMENT)
MR. JERR~ DRAKE
2391 CR ~51~ ONIT A
NAPLES, FLORIDA 33999
PLANNING CONSULTANT
NENO J. SPAGNA, AICP, PRES.
FLORIDA DRBAN INSTITUTE, INC.'
ENGINEERS
NOLE, MONTES AND ASSOCIATES
715 I~TH STREET SOUTH
NAPLES, FLORIDA 3394~
DATE ISSUED
DATE APPROVED BY CCPA
DATE APPROVED BY BCC
ORDINANCE NUMBER
TABLE OF CONTENTS
SUBJECT
TABLE OF CONTENTS
SECTION 1
1.1 PURPOSE
1.2 LEGAL DESCRIPTION
1.3 PROPERTY OWNERSHIP
1.4 GENERAL DESCRIPTION OF PROP£RTY
1.5 CURRENT ZONING
1.6 COMPREHENSIVE PLAN
1.7 PHYSICAL DESCRIPTION
1.8 £NVIRONM£NTAL IMPACT STATEMENT
SECTION 2. (PROJECT DEVELOPMENT)
2.1 PURPOSE
2.2 GENERAL
2.3 MASTER PLAN AND LAND USE
2.4 PHASES OF D£VELOPMENT
2.5 DEVELOPMENT AND FRACTIONALIZATION OF TRACTS
2.6 PUD CONCEPTUAL SXTE PLAN APPROYAL PROCESS
2.7 SITE DEVELOPMENT PLAN APPROVAL PROCESS
SECTION 3 (LAND USE REGULATIONS)
3.1 PURPOSE
3.2 PERMITTED PRINCIPAL USES AND STR0CTURES
3.3 PERMITTED ACCESSORY USES AND STRUCTURES
3.4 PERMITTED PROVISIONAL USES AND STRUCTURES
3.5 PROHIBITED USES AND STRUCTURES
3.6 DEVELOPMENT STANDARDS
SECTION 4 (GENERAL DEVELOPMENT REOU1REMENTS)
4.1 PURPDSE
4.2 PUD MASTER PLAN
4.3 ACCESS TO PROPERTY
4.4 PRIVATE ROADS
4.5 SOLID WASTE DISPOSAL
4.6 ELECTRICXTY, TELEPHONE, CABLEVXSXON
SECTION 5 (DEVELOPMENT CO4~MITMENTS)
5.1 ENVIRONMENTAL PROTECTION
5.2 TRAF£XC
5.3 ENGINEERING
5.4 WATER MANAGEMENT REQUIREMENTS
PAGE
~UMB£R
-1-
-1-
-13- .
-13- . **.*,~<>
-1S- ~ :.' :~.:." ·
-16- "~".'*.'
...~,::,'*'?~
-17- '.:*' '
· ...':.'-~. ;.
-17- ...,<:.' .:
"-17- '-"'::~'.-:.;."~::'L
. -17-
-17- ' ';.?~:.
...-17- "' '"' ' ':' '
-2e- '.
· -2 e- : ...'..'.' '. '
. ... ..:~;,...;...:.:~
... :. · :.2t_21- .,.~¥,1~.~.~:;
-:212 · :'":"..' ' '
-22- ..!., .
-22-
SUBJECT
5.$ COUNTY UTILITIES
5.6 ENVIRONMENTAL HEALTH D£PARTM~NT
5.7 COLLIER COUNTY PLANNING AGENCY
LIST OF FIGURES
SUBJECT
NUHBER
PAG~
-23-
-23-
-23-
PAGE
FIGURE 1.
FIGURE 2.
FIGURE 3.
LOCATION MAP
SOIL CLASSIFICATION MAP
MASTER PLAN
-2-
:. ':..:.
SECTION
1.1
1.2
_1.3
PURPOSE
THE PURPOSE OF THIS SECTION IS TO SET FORTH TEE ~ATION AND OWNER-
SHIP OF THE PROPERTY, AND TO DESCRIBE THE EXISTING CONDITIONS OF THE
PROPERTY PROPOSED TO BE DEVELOPED UNDER THE PROJECT NANE or PINER-
IDG£ CENTER.
LEGAL DESCRIPTION
SEE ATTACHMENT B. OF PETITION FORM.
PROPERTY OWNERSHIP
THE SUBJECT PROPERTY IS C~NED BY:
JAMES J. DOVOLIS, TRUSTEE
60?5 PELICAN BAY BOULEVARD
NAPLES, FLORIDA 33963
1.4 GENERAL DESCRIPTION OF PROPERTY
THE PROJECT SITE IS LOCATED ON THE SOUTH SIDE OF PINE RIDGE
ROAD APPROXIMATELY 1/2 MILE WEST OF I-7S INTERCHANGE, SEE
FIGURE 1., AND CONSISTS OF APPROXIMATELY 8.7% ACRES OF LAND.
1.5 CURRENT ZONING
THE CURRENT ZONING IS A-2 RURAL AGRICOLTURE DISTRICT.
1.6 COMPREHENSIVE PLAN
THE COMPREHENSIVE PLAN DESIGNATES THE SUBJECT PROPERTY AS BEING
WITHIN THE "URBAN AREA' OF COLLIER COUNTY.
1.7 PHYSICAL DESCRIPTION
THE PROJECT SITE CONSISTS OF APPROXIMATELY 8.74 ACRES OF LAND.
THE EXISTING ELEVATION IS APPROXIMATELY 12 FEET NGVD.
1.8
ENVIRONMENTAL IMPACT STATEMENT AS REOUIRED BY ORDINANCE T?-66
APPLICANT INFORMATION
NAME, ADDRESS
..
A. JERRY DRAKE -
INCOM OF NAPLES, INC.
2301CR 951 SUITE A.
NAPLES, ~LORIDA 33963
Q. AFFIDAVIT OF PROOF OF AGENT
-1-
A. SEE ATTACHMENT A. OF PETITION FORM.
(2) DEVELOPMENT AHD SITE ALTERATION INFORMATION
O. DESCRIPTION OF PROPOSED USE
AD
FAST FOOD RESTAURANT, CONVENIENCE STORE AND FUEL DISPENSING
FACILITY AND ANY OTHER USE PERMITTED BY THIS PUD DOCUMENT.
LEGAL DESCRIPTION OF SITE
A. SEE ATTACHMENT B. OF PETITION FORM
O- LOCATION AND ADDRESS DESCRIPTION
A. LOCATED ON THE SOUTH SIDE OF' PINE RIDGE ROAD APPROXIMATELY
1/4 MILE WEST OF 1-75 INTERCHANGE. THE COUNTY HAS NOT
ASSIGNED THE PROPERTY AN ADDRESS TO DATE.
(3] MAPPING AND SUPPORT GRAPHICS
O. GENERAL LOCATION MAP
A. SEE FIGURE 1.
O- AERIAL PHOTO OF SITE W~TH BOUNDARIES DELINEATED '
A. INCLUDED AS PART OF THIS DOCUMENT ':' '..*-'
O. TOPOGRAPHIC MAP SHOWING UPLAND AND BATHYMETRIC CONTOURS IF
APPLICABLE
A. NOT AVAILABLE AT THIS TIME. ' " ~:"'?
..
Q. EXISTING LAND USE OF SITE AND SURROUNDING AREA
·
A. THE SUBSECT PROPERTY AS WELL AS ALL THE SURROUNDING PROPERTY
IS CURRENTLY VACANT.
Q. LOCATION OF SAMPLING STATIONS AND/OR TRANSECT LINES IF
APPROPRIATE
NONE KNOWN TO EXIST ON OR NEAR THE SUBJECT PROPERTY
DRAINAGE PLAN
A"DRAINAGE PLAN HAS BEEN SUBMITTED TO AND REVIEWED BY THE ~'.~"'%.~'
WATER MANAGEMENT BOARD .
· ' ' -" ' <".";'.~:
DEVELOPMENT PLAN INCLUDING PHASING PROGRAM, SERVICE AREAS OF '~. :;
EXISTING AND PROPOSED PUBLIC F~CILITXES, AND EXISTING AND *i-" ....
PROPOSED TRANSPORTATION RETWORK IN THE IMPACT AREA ~:.{..'. :-
-3-
A. PLEASE SEE MASTER PLAN LAYOUT, FXGURE 3. IT IS THE INTENT OF
THE PETITIONER TO COMMENCE DEVELOPMENT UPON APPROVAL BY THE
COUNTY AND TO CONTINUE DEVELOPMENT IN AN ORDERLY MANNER
UNTIL FULLY DEVELOPED. IT IS ESTIMATED THAT BUILD-OUT gILL
TAK£ 3- YEARS FROM DATE OF APPROVAL OF PETITIO~ AS FOLLOWs:
PHASE i (1986-1987): DEVELOPMENT OF PARCELS 1, 2. 3, I AND
RELATED SITE PREPARATION, ROAD SYSTEM AND LANDSCAPING.
PHASE 2 (1987-1989): DEVELOPMENT OF PARCELS 4, 5, 6, AND 7.
IT IS THE INTENT OF THE PETITIONER.THAT. THE EXISTING ROAD'
N£TWORK, I.E., PINE RIDGE ROAD AND 1-?S BE UTILIZED AS THE
TRANSPORTATION SYSTEM.
A CLEARLY DELINEATED GRAPHIC REPRESENTATION OF THE MAJOR
VEGETATION COMMUNITIES, SEE AERIAL PHOTO.
ALL OF THE MAJOR ORIGINAL VEGETATION COMMUNITIES HAVE BEEN
ELIMINATED AS A RESULT OF THE SUBJECT PROPERTY HAVING BEEN
U'SED FOR FARMING DURING THE PAST SEVERAL DECADES. THE NORTH
FIVE ACRES, MORE OR LESS, HAS BEEN USED FOR ROW CROPS
BELIEVED TO BE TOMATO CROPS. THE SOOTHERN FIVE ACRES, MORE
OR LESS, HAS BEEN SELECTIVELY CLEARED AND IT IS BELIEVED
THAT THIS PORTION OF THE PROPERTY WAS FORMERLY USED FOR
PASTURE.
(4) IMPACT CATEGORIES: BIO-PHYSICAL
OD
AD
CHANGE IN LEVEL OF AIR POLLUTANTS DEFINED BY THE CURRENT
REGULATIONS .
NO MEASURABLE CHANGE IN LEVEL OF AIR POLLUTANTS IS ANTICI- '"~.""
PATED IN-AS-MUCH AS THE TYPE OF USE REQUESTED IS A USE WHICH "'
SHOULD NOT EMIT PARTICULATE MATTER INTO THE AIR WHICH CAUSES -
POLLUTION. "
Q. NUMBER OF PEOPLE THAT WILL BE AFFECTED BY AIR POLLUTION
A. NONE
Q. PROCEDURES THAT WILL BE USED TO REDUCE ADVERSE IMPACTS OF
AIR POLLUTION
A. NO ADVERSE ~R POLLUTION IMPACTS ARE ANTICIPATED
WATER QUALITY '~ '-.'
Q. CHANGES IN LEVELS OR TYPES POLLDTION AS DEFINED BY CURRENT
REGULATIONS
A. NO CHANGES IN LEVELS OR TYPES WATER POLLUTION IS ANTICIPATED ' '
INVENTORY OF WATER DSES THAT ARE RESTRICTED OR PRECLUOEO
BECAUSE OF POLLUTION LEVELS RESULTING FROM THIS PROJECT
A. NO CHANGE IN POLLUTIONS LEVEL WHICH WOULD RESTRICT OR PRE-
CLUDE THE INVENTORY OF WATER USE IS ANTICIPATED
Q. PERSONS AFFECTED BY WATER POLLUTION RESULTING FROM THE PRO-
JECT
'A. NONE ARE ANTICIPATED
Q. PROJECT DESIGNS AND ACTIONS WHICH WILL REDUCE ADVERSE
IMPACTS OF WATER POLLUTIOH
A. DRAINAGE SWALES WILL BE DESIGNED INTO THE PROJECT TO CATCH
AND FILTER STORM WATERS FROM THE SORFACE RUN-OFF BEFORE IT
IS ALL~qED TO ENTER ANY WATERS WHICH MIGHT OTHERWISE BECOME
POLLUTED
3. PHYSIOLOGY AND GEOLOGY
Q. A DESCRIPTION OF THE SOIL TYPES FODND IN THE PROJECT AREA
A. LEIGHTY 1/ DESCRIBES THE SOIL TYPE OF THE PROJECT AREA AS '.
AaS, ARZ~LL FINE SAND. THE ARZELL FINE SANO CLASSIFICATION
CHARACTERIZED AS HAVING A LEVEL, NEARLY LEVEL, OR '-"
RAPID WHEN FREED OF HIGH WATER TABLE, SLIGHTLY ACID TO NEU~
TRAL ACIDITY, AND THE PRINCIPAL VEGETATION BEING SLASH PINE,
SHRUBS, GRASSES AND SOME CYPRESS OR PRAIRIE, SEE FIGURE 2. ,~'.'.-
Q. AREAL EXTENT OF TOPOGRAPHIC MODI'FICATION THROUGH EXCAVATION,~''' ' '''
DREDGING AND FILLING. .. .. ,-~.
A. NO DREDGING AND FILLING IS ANTICIPATED FOR THE SITE. EXCAVki%~'~''
TION WILL BE LIMITED TO THE EXTENT NECESSARY FOR RAISING .:
THE BUILDING SITES, ROADS AND OTHE~ SITE IMPROVEMENTS, AND
THE CREATION OF A SMALL WATER RETENTION AREA SDFFICIENT IN
SIZE TO HANDLE THE WATER MANAGEMENT SYSTEM REQUIREMENTS.
REMOVAL AND/OR DISTURBANCE OF NATURAL BARRIERS TO STORM
WAVES AND FLOODING
A. NONE
Q. M~DIFICATION TO NATURAL DRAINAG~E PATTERNS .-<~.". :
· , = .... , .' ..~ . .~.:.-'~.:i'.?...._ - .-
A. THERE ARE NO PLANS TO MODIFY THE PERIPHERAL DRAINAGE PAT- ."; '~'::
TERNS. .1. · ~ .... .
1_/ LEIGHTY, RALPH G., SOIL SURVEY OF COLLIER COUNTY, FLORIDA,
U.S.D.A., SERIES 1942, NO. $ ISSUED MARCH 1954~
-5-
ce ?*
, o o
1,10 N E - I,,1A G~ pATT£RNS
A ODIFICATION .TO NATURAL DRAI _.~ v~l liERAL DRAINAGE pAT-
Q' - - NS TO
0
, ,r'rlE~r- A'RE ~ _ ..v 'rD TNt. E%~r'_NT.
~' TERNS' - -''L bE ~OOIFIED--.~."~N lcCOROl~.t~
0 E~ __ .Rr~ TO BE
AD
ESTIM?,TED AT 2o-3~ pERc~T oF ,TOTAL ARE~': "
~D~N O~_~.~E ~t.L ~TER RETE~$~ .,~TER SUPPL~-
~RTER T~BDE.
wETLANDS .
TBERE ARE NO WETLANDS ON THE sUBJECT pROPERTY-
.TypES, AS A pERcENTAGE
UPLAND UTILIZATION AND wILDLIFE OF
Q ACRES TO gE CtEARED, bY VEGETATION · THE TOTAL pROJECT AREA-
ll ACRES (69 -79 pERCENTS' OF THE ORsIsTING
...r y 5.24 - ~ ar yEGETATION_~.,e RAZ1LIAN PEP-
p~OpERTY wILL_..~ pALMETTu
O~-scRTTERED
i LD GRAPE AND poiSON IYY'
pER, W _ .y COMMUNITY TYPES' THAT wILL b~ .~"
WILL BE ~iNOR DUE TO THE SMALL. :..... ·
ToRBANC£ SITE -""
NUMBER AND TYPES OF R~RE AND ENDANGERED sPECIES, gOTH FLORA
ESTIMATED CHANGE IN THE DOCKSIDE LANDING OF COliMERCIAL FISH
AND SHELLFISH
A. NONE
ESTIMATED CHANGES IN SPORT FISHING EFFORT AND CATCH
A. NOT APPLICABLE
0. PAST HISTORY OF OIL SPILLS IH OR NEAR THE pROJECT AREA
A. NO KNOWN OIL SPILLS ON OR NEAR THE SITE.
NOISE
DESCRIBE THE CHANGE IN DECIBELS AND DURATION OF NOISE GENER- ..
ATED DURING AND AFTER THE PROJECT (BOTH DAY AND NIGHT) THAT
WILL EXCEED COLLIER COUNTY REGULATIONS .-
A. OCCASIONAL NOISE CAN BE EXPECTED DURING THE SITE PREPARATION ·
AND CONSTRUCTION PERIOD, THIS NOISE PERIOD WILL BE OF SHORT .';"
DURATION AND WILL BE DISCONTINUED AFTER THE CONSTRUCTION '~'" .'
PERIOD IS COMPLETED. .: :>,
Q. PROJECT, COMPLIANCE WIT}{ FEDERAL AID NIGH,CAY PROGRAM MANUAL ..,,..,, .~.,:.
A. THIS PROGRAM NOT APPLICABLE TO THIS PROJECT
PUBLIC FACILITIES AND SERVICES
Q. WASTEWATER MANAGEMENT '?: '.::'-:~';:"'"
O. WATER SUPPLY ..
A. PRIVATE WELL OR IN THE ALTERNATIVE, CITY SYSTEM.
10. SOLID WASTES
ESTIMATE OF AVERAGE DAILY VOLUME OF SOLID WASTES
PARCEL 1'. (FAST FOOD) 4 LBS./180 SQ. FT. FLOOR AREA/DAY
(4 X 38.6 ' 155 LBS./DAY). SOURCE: DER ESTIMATE .... :
..., .~
PARCEL 2. (CONVENIENCE COMMERCIAL) 4 LBS./I$8 SQ. FT. '"<-'~.~.-':~
FLOOR AREA/DAY - (4 X 28 - 112. LBS./DAY). SOURCE: DER
MATE , ...:~:'..'
PARCEL 4, 5, 6, 7. (COMMERCIAL) 4 LBS./I~S SQ. FT. FLOOR
-9-
F-T-..'. r; rd F':-
'0.
A.
11.
AREA · (4 X 396 ' 1,584 LBS./DAY). SOURCE: DER ZSTIMATE
TOTAL: 1,711 LBS./DAY
pROPOSED METHOD OF DISPOSAL OF SOLID WASTES
SOL~D WASTES TO BE COSLECTED BY YAHL BROTHERS DISPOSAL
VICE AND DISPOSED OF IN THE COUNTY LANDFILL.
ANY PLANS FOR RECYCLING OR RESOURCE R£COVERY
NO
RECREATION AND OPEN SPACE "
Q. ACREAGE AND FACILITIES DEMAND RESULTING FROM THE USE
NONE
AMOUNT DF PUBLIC PARK/RECREATION LAND DONATED BY THE DEV£L-
OPER '
NONE '
MANAGEMENT PLANS FOR ANY OPEN WATER AREAS IF ONE-ACRE OR -'.-a2:.;::
NORr WITHIN THE PROJECT " '>-''
THE WATER RETENTION AREA WILL BE SUITABLY LANDSCAPED AND -. :>.Y.'..
MAINTAINED AS A PASSIVE OPEN SCACE AREA.
PLANS FOR RECREATIONAL DEVELOPMENT BY THE DEVELOPER ON DEDI-
CATED LANDS .-'..;~jiL:.:
· :..'% :.:
NONE ' .{ .'.-.-~/
AHOUNT OF PUBLIC RECREATION LANDS REMOVED FROM INVENTORY BY . .'.
THE NU~ USE
A. NONE
Q. DEVELOPMENT AND/OR BLOCKAGE OF ACCESS TO PUBLIC BEACHES OR
WATERS
12.
A. NONE
AEST'HETIC AND CULTURAL FACTORS ":':'' '
Q. ANY HISTORIC/ARCHAEOLOGICAL SURVEYS THAT HAVE BEEN CONDUCTED ':.:":"
A. NONE ARE BELIEVED ?0 HAVE BEEN MADE.
Q. ANY KNC~N HISTORIC OR ARCHAEOLOGICAL SITES AND THE RELATION-
SHIP OF DESIGNATED FUNCTIONS OF THE USE
A. NO KNOWN HISTORIC OR ARCHAEOLOGICAL SITES ARE BELIEVED TO
EXIST ON THE SITE
O. PROJECT DESIGN AND ACTION THAT WILL PRESERVE THE HISTORIC/
ARCHAEOLOGICAL INTEGRITY OF THE SITE
· A. NOT APPLICABLE SINCE NO HISTORIC/ARCHAEOLOGICAL SITES EXIST
ON THE SITE.
THE DEGREE TO WHICH NATURAL SCENIC FEATURES WILL BE MODIFIED
BY THE NCN USE AND PROJECT DESIGN AND ACTION THAT WILL PRE-
SERVE AESTHETIC VALUES OR MINIMIZE THEIR DEGRADATION
A. NO KNC~ NATURAL SCENIC FEATURES EXIST ON THE SUBJECT SITE.
O. PROVIDE THE BASIC ARCHITECTURAL AND LANDSCAPING DESIGNS
A. WILL COMPLY WITH ALL COUNTY REQU1RLMENTS
MONITORING
0.
13. - · -r'
DESCRIBE THE DESIGN AND PROCEDURES FOR ANY PROPOSED MONITOR- '.,.TV. '
.:.,. -...-.%
lNG DURING AND AFTER SITE PREPARATION AND DEVELOPMENT ':
A. ALL SiTE PREPARATION ACTIVITY WILL BE CAREFULLY MONITORED TO'"'~'~'"";'
INSURE, AS MUCH AS POSSIBLE, THAT NO SIGHIFICANT DAMAGE -"~'-".;
OCCURS TO THE ENVIRONMENT AFTER CONSTRUCTION, PERIODIC '";
INSPECTIONS WILL BE MADE TO INSURE THAT EXOTIC PLANTS ARE "' "';
PREVENTED FROM ESTABLISHING THEMSELVES AS THE DOMINANT VEGE- "
TATI VE COVER. .... - . '..:-.:. -.',.';:'.[.:,~ .-,.,.:'
14. GENERAL: ADDRESS THE FOLLOWING ' ':":~'.>,-~....~
Q. THE ENVIRONMENTAL IMPACT OF THE PROPOSED ACTION. '' :'"~: '
A. THE PETITIONER PROPOSES TO DEVELOP THE PROPERTY IN A MANNER
WHICH IS CONSISTENT WITH THE HAXIMUM PROTECTION OF THE ENVI-
RONMENT. ALL EXOTIC PLANT SPECIES WILL BE RE.MOVED AND ALL
LANDSCAPING WILL BE DONE WITH INDIGENOUS PLANT SPECIES.
THE ADVERSE ENVIRONMENTAL EFFECTS WHICH CANNOT BE AVOIDED :.
SHOULD THE PROPOSAL BE IMPLEMENTED
AS CAN BE E~ECTED WHEN UNDEVELOPED LAND IS CONVERTED TO
URBAN USE, SOME ADVERSE ENVIRONMENTAL EFFECTS, WHICH ARE ...~, .... ..~
UN-AVOIDABLE, WILL RESULT. "
IN THE CASE OF THIS PRO3ECT, THESE IMPACTS ARE LIMITED AND
WILL CONSIST PRIMARILY IN THE INCREASE OF TRAFFIC AND HUMAN "
ACTIVITY. -
Ao
(2)
THE PETITIONER PROPOSES TO CONTROL TRAFFIC BY LIMITIWG
INGRESS AND EGRESS TO CERTAIN KEY L~X~ATIONS ON PINE ~IDGE
ROAD WHICH WILL MINIMIZES THE CONFLICT BETWEEN AUTOMOBILES
ENTERING AND DEPARTING THE SITE AND THE THROUGH TRAFFIC
ROUND TO OR FROM 1-75 AND OTHER POINTS OUTSIDE THE IMMEDIATE
SITE AREA
TH~ RELATIONSHIP BETWEEN LOCAL SHORT-TE~M USES OF ~AN'S
ENVIRONMENT AND THE MAINTENANCE AND ENHANCL~ENT OF LONG-TERM
PRODUCTIVITY OF THE ENVIRONMENT.
THE PROPOSED PROJECT WILL ENHANCE THE LONG-TERM PRODGCTIVITY
OF THE ENVIRONMENT IN TWO MAJOR'RESPECTS:
ALL EXOTIC PLANT SPECIES WILL BE REMOVED FROM THE SITE AND
PREVENTED FROM RE-ESTABISHING THEMSELVES. THIS WILL PERMIT
THE INDIGENOUS PLANT SPECIES AN OPPORTONITY TO ~ROW ANO
REACH MATURITY WITHOUT THE THREAT OF BZING OVER-P~{ERED BY .'
THE EXOTICS. THIS WILL PROVIDE A MUCH MORE NATURAL ENVIRON-
MENT CONSISTENT WITH THE VEGETATIVE REGIMES NATIVE TO SOUTH-
WEST FLORIDA. .
THE CONSTRUCTION OF THE WATER RETENTION AREA AS PART OF THE.
WATER MANAGEMENT SYSTEM WILL PERMIT RAIN WATER TO SEEP INTO
THE UNDERGROUND ACQUIFER INSTEAD OF DRAINING INTO THE PER-
IPHERAL DITCHES AND BEING CARRIED OUT OF THE AREA ~.~ IS THE
PRESENT CASE. · ~ '..'-~
2.1
2.2
2.3
2.4
sECTION 2
pRoJECT DEVELOPMENT
puRPOSE . .
THE puRPOSE O~ T~IS SECTION IS TO DELINEATE AND GENERALL~
DESCRIBE THE pRoJECT pLAN OF DEVELOPMENT, THE REsPECTIYE USES
OF THE pARcELS iNcLUDED IN ~HE pRoJECT, AS WELL AS THE
pRoJECT cRITERIA FOR FUTURE DEVELOPMENT'
2.5
GENERAL
1. REGULATIONS FOR DEVELOPMENT OF THIS pRoJECT SHALL BE IN
AccoRDANCE WITH TM£ CONTENTS OF THIS DOCUMENT, PUD-
pLANNED UNIT DEVELOPMENT DISTRICT AND; OTHER APPLICABLE
SECTIONS AND pARTS OF THE cOLLIER couNTY zONING ORDI-
NANCE.
UNLESS OTHERWISE NOTED, THE DEFINITIONS OF ALL TERMS SHALL
BE THE SAME AS THE DEFINITIONS SET FORTH IN THE coLLIER
COUNTY ZONING ORDINANCE. .
MASTER pLAN AND ~ DSS '":!";'
THE ~ASTER pLAN cONSISTS OF AN OVERALL LAYOUT OF
AppROXIMATELY 8.74 ACRES OF iNTERCHANGE RELATED LAND AND .~'.;
ITS RELATED STREETS, OFF-STREET pARKING, OFF-STREET LOAD- .
lNG/UNLOADING AND A WATER RETENTION AREA, SEE FIGURE 3.
OPMENT, SEE MASTER p~N ,. ...2
THE pETITIONER INTENDS TO BEGIN CONSTRUCTION OF THE BUILDINGS,
ROADS, DRAINAGE, AND OTHER SITE iMPROV~£NTS i~EDIATELY UPON
AppROVAL OF THE pETITION BY THE COUNTY AND coNTINUE woRKING UNTI!
ALL OF THE SITE lmPROVILMENTS ALONG WITH ALL REQUIRED BUILDINGS
ARE CoMpLETED IN ACCORDANCE WITH THE cONDITIONS OF T. HE AppRoVED
pUD DOCUMENT AS FOLLOWS:
pHASE 1 (1986-1987}: DEVELOPMENT OF pARCELS 1, 2. 3, ~ AND
RELATED SITE pREpARATION, ROAD SYSTEM AND LANDSCAPING-
PHASE ~ {19~7-1989): DEVELOPMENT OF pARCELS 4, 5, 6, AND 7.. .
· . f :. -... · ~....?~
· D {fACTION~IZATIO" OF TRAcT~S " ""
DEVELOPMENT AN
1. WHEN THE DEVELOPER sELLS AN ENTIRE TRACT OR A BUILDING
pARCEL (FRACTION OF A TRACT) TO A SUBSEQUENT OWNER, OR pRO-
poSES DEVELOPMENT OF SUCH pROPERTY HIMSELF, THE DEVELOPE~
sHALL pROVIDE TO THE ZONING DIRECTOR FOR AppRoVAL, pRIOR T¢
THE DEVELOPMENT OF THE TRACT BY THE DEVELOPER OR pRIOR TO
THE SALE TO A SUBSEQUENT ~NER OF SUCH pROPERTY, A BOUNDARJ
DRAWING SHOWING THE TRACT AND THE BUILDING pARcEL THEREIN
[--
2.6
{WH£N APPLICABLE) AND THE SQUARE FOOTAGE ASSIGNED TO THE
PROPERTY. THE DRAWING SHALL ALSO SHC~ THE LOCATION AND SIZE
OF ACCESS TO THOSE FRACTIONAL PARTS THAT DO NOT ABUT A PUB-
LIC STREET.
IH THE EVENT ANY TRACT OR BUILDING PARCEL IS SOLD BY ANY
SUB-SEQUENT OWNER, AS IDENTIFIED IN SECTION 2.5.1, IN FRAC-
TIONAL PARTS TO OTHER PARTIES FOR DEVELOPMENT, THE
SUBSEQUENT (~4NER SHALL PROVIDE TO THE ZONING DIRECTOR FOR
APPROVAL, PRIOR TO DEVELOPMENT OF THE TRACT BY THE DEVEL-
OPER OR PRIOR TO THE SALE TO A SUBSEQUENT OWNER OF A FRAC-
TIONAL PART, A BOUNDARY DRAWING SHOWING HIS ORIGINALLY PUR-
CHASED TRACT OR BUILDING PARCEL AND THE FRACTIONAL PART
THEREIN AND THE SQUARE FOOTAGE ASSIGNED TO £ACH OF THE FRAC-
TIONAL PARTS. THE DRAWING SHALL ALSO SHOW THE LOCATION AND
SIZE OF ACCESS TO THOSE FRACTIONAL PARTS THAT DO NOT ABUT A
PUBLIC STREET.
THE DEVELOPER OF ANY TRACT MUST SUB~IT A CONCEPTUAL SITE
PLAN FOR THE ENTIRE TRACT IN ACCORDANCE WITH SECTION 2.6 OF
THIS DOCUMENT PRIOR TO FINAL SITE PLAN SUBMITTAL FOR ANY
PORTION OF THAT TRACT. THE DEVELOPER ~Y CHOOSE NOT TO
SUBMIT A CONCEPTUAL SITE PLAN FOR THE ENTIRE TRACT IF A
FINAL SITE PLA:; IS SUE~ITTED AND APPROVED FOR THE ENTIRE
TRACT.
4. THE DEVELOPER OF ANY TRACT OR BUILDING PARCEL MUST SUBMIT,
PRIOR TO OR AT THE SAME TIM, E OF APPLICATION FOR A EUILDING
PERMIT, A DETAILED SITE DEVELOPMENT PLAN FOR HIS TRACT OR .-'..
PARCEL IN CONFORY. ANCE WITH THE ZONING ORDINANCE REQDIR~.'IENTS : ':.
FOR SITE DEVELOPMENT }LAN APPROVAL. THIS PLAN SHALL BE IN
COMPLIANCE WITH ANY AP}ROVED CONCEPTUAL SITE PLA:! AS WELL AS ".
ALL CRITERIA WITHIN TE'S DOCUMENT. ./._..:,
5. IN EVALUATING THE FRAOTIONALIZATION PLANS, THE ZONING DIREC-' ' ;''
TOR'S DECISION FOR AP}.;.OVAL OR DENIAL SHALL BE BASED ON
COMPLIANCE WITH THE CRITERIA AND THE DEVELOPMENT INTENT AS
SET FORTH IN THIS DCC,".".ENT, CONFORMANCE WITH ALLOWASLE
AMOUNT OF BUILDING SQUARE FOOTAGE AND THE REASONABLE ACCES-
SIBILITY OF THE FRACTIO:;AL PARTS TO PUBLIC OR PRIVATE ROAD-
WAYS, COMMON AREAS, OR OTHER MEANS OF INGRESS AND EGRESS.
6. IF APPROVAL IS NOT ISSUED WITHIN TEN (1~) WORKING DAYS, THE
SUBMISSION SHALL BE CONSIDERED ~UTOMATICALLY APPROVED.
PUD coNCEPTUAL SITE PLAN APPROVAL PROCESS
WHEN PUD CONCEPTUAL SITE PLAN APPROVAL IS DESIRED OR REQUIRED
BY THIS DOCUMENT, THE FOLLT~ING PROCEDURE SMALL BE FOLLY&ED:
A WRITTEN REQUEST FOR CONCEPTUAL SITE PLAN APPROVAL SHALL BE
SUBMITTED TO THE DIRECTOR FOR APPROVAL. THIS REQUEST SHALL
INCLUDE MATERIALS NECESSARY TO DEMONSTRATE THAT THE APPROVAL
-15-
SECTION 3
LAND USE REGULATIONS
3.1 PURPOSE
IT IS THE PURPOSE OF THIS SECTION TO OUTLINE THE LAND USE REGULA-
TIONS OF THE PROJECT SO THAT THE DEVELOPMENT WILL PROCEED IN A MAN-
NER WHICH IS CONSISTENT WITH THE PUD DOCUMENT AND ACCORDING TO THE
GENERAL GOAL AND OBJECTIVES OF THE COUNTX'S COMPREHENSIVE PLAN.
3.2 PERMITTED PRINCIPAL USES AND STRUCTURES
1. AUTOMOBILE AND TRUCK FUEL DISPE'NSING- FACILITIES.
2. BUSINESS AND PROFESSIONAL OFFICES.
3. CONVEN]ENCE COMMERCIAL
4. MOTELS; HOTELS AND OTHER TRANSIENT LODGING FACILITIES ' '
5. AUTOMOBILE RENTALS
:... ,..: ::..
6. RESTAURANTS (INCLUDING DRIVE-IN AND FAST FOOD RESTAURANTS) ...-.'..;.':..
3.3 PERMITTED ACCESSORY USES AND STROCTURES -'-
1. ACCESSORY USES AND STRUCTURES CUSTOMARILY ASSOCIATED WZTH .'' :,
USES PERMITTED IN THIS DISTRICT. .'.1"~':.-
2. CARETAKERS RESIDENCE, O~;E PER PARCEL OF LAND. ''."~-:..'.:.'~
3.4 PERMITTED PROVISIONAL USES AND STRUCTURES .... ':"~"'-~
1. ANY USE NOT SPECIFICALLY PERMITTED OR PROHIBITED WHICH
OTHERWISE LAWFDL AND IS ZN KEEPING WITH THE OVERALL CHARAC- ".~:'=
TER OF THE DISTRICT
3.5 PROHIBITED USES AND STRUCTURE
1. ANY USES OR STRUCTURES HOT SPECIFICALLY , PROVISIONALLY, OR
BY REASONABLE IMPLICATION PERMITTED HEREIN /
3.6
DEVELOPMENT STANDARDS
· :.:..-:' :, .'.=
1. MINIMUM LOT AREA: TEN THOUSAND [2{~,9~9) SQUARE FEET - . --~. .- ':
2. MINIMUM LOT WIDTH: lee FEET
3. MINIMUM YARD REQUIREMENTS. .v: --....
(1) FRONT YARD - SEVENTY-FIVE (75) FEET FROM A PUBLIC
STREET.
(2)
(3)
SIDE YARD - A BUILDING , PARKING AND I~PERVIOUS SETBACK
OF THIRTY (38) FEET SHALL BE PROVID£D ALONG THE EAST
AND WEST PROPERTY LIWES. THESE SETBACK STANDARDS MAY
BE REDUCED TO A TEN (1~) FEET BUILDING AND PARKING
SETBACK IF THE ADJOINING PROPERTIES TO THE WEST AND THE
EAST DEVELOP WITH COMMERCIAL USES OF A SIMILAR CHARAC-
tER.
THIS SETBACK AREA SHALL BE KEPT I# NATIVE, NATURAL
VEGETATION EXISTING ON THE SITE. ADDITIONAL NATIVE
VEGETATION SHALL BE PLANTED IF NECESSARY TO OBTAIN
EIGHTY (80) PERCENT OPACITY BETWEEN THREE {3) AND EIGHT
(8) FEET ABOVE AVERAGE GROUND LEVEL WHEN VIEWED HORI-
ZONTALLY FROM THE ADJACENT PROPERTIES. THIS BUFFER
SHALL RESEMBLE THE NATURAL CHARACTERISTIC OF THE AREA
AS MUCH AS POSSIBLE. THE BUFFER SHALL BE EIGHTY PER-
CENT OPAQUE BY THE END OF ~EL~E (12) MONTHS FROM THE
DATE OF PLANTING WHICH SHALL OCCUR PRIOR TO ISSUANCE
OF THE FIRST CERTIFICATE OF OCCUPANCY FOR THE PAR-
CEL. THE ADDITIONAL PLANTING FAY BE PHASED WITH
DEVELOPMENT PHASING FOR FRACTIONALIZED PARCEL.
(4) REAR YARD - TEN (16) FEET
MAXIMUM HEIGHT OF STRUCTURES
(1) FIFTY (50) FEET
MINIMUM FLOOR AREA OF STRUCTURES .
(1) lC~ SQUARE FEET FOR EACH PRINCIPAL STRUCT,~RE
MINIMUM OFF-STREET PARKING AND OFF-STREET LOADING REQU, IRE-
~,ENTS ...~ .,;.
AS RECUIRED BY THE COUNTY ZONING ORDINANCE AT THE TIME
OF AFPLICATION FOR CONSTRUCTION PERMITS . ';-.'.:
SIGNS '--- ' '.i.'
(1) AS REQUIRED BY THE COUNTY ZONING ORDINANCE AT THE TIME
OF APPLICATION FOR CONSTRUCTION PERMITS -
8. LIGM
9. MINI
LIGHTING FACILITIES SHALL BE ARRANGED IN A M~NNER WHICH
WILL PROTECT ROA[~AYS AND ADJACENT PROPERTIES FROM
DIRECT GLARE AND OTHER INTERFERENCES }...%. :.
MUM LANDSCAPING REQUIRE~tENTS ' · . .. · ~" ' '.~..~'/~"Jz
A BUFFER SHALL BE PROVIDED ALONG THE EASTERN, WESTERN ..... ,
AND NORTHERN EDGES OF THE PROPERTY IN ACCORDANCE WITH
-18-
THE STANDARDS O~ SECTION 8.37.
IF ADJOINING PROPERTIES TO THE EAST AND WEST DEVELOP
WITH NON-RESIDENTIAL USES THE BUFFER REQUIREMENTS TO THE
EAST AND WEST WILL NOT BE REQUIRED.
10. FENCE REQUIREMENTS
(1) AS REQUIRED BY THE COUNTY ZONING ORDINANCE AT THE TIME
OF APPLICATION FOR CONSTRUCTION PERMITS.
11. TREATMENT OF SWALE AREAS
LI'MITED WATER MANAGEMENT FNCILITIE$ (I.E. &'WALES) MAY
BE LOCATED IN THIS SETBACK AREA; 'HU,{EVER, EVERY ATTL~PT
SHALL BE MADE TO LIMIT THE AMOUNT OF TREE CLEARING.
THE LANDSCAPE PLAN FOR THE BUFFER SHALL BE INCORPORATED
INTO THE LANDSCAPE PLAN TO BE APPROVED BY THE NATURAL
RESOURCES MANAGEMENT DEPARTMENT AND PLANNING/ZONING
DEPARTMENT PRIOR TO ISSUANCE OF BUILDING PERMITS.
12. AUTOMOBILE SERVICE STATION FACILITIES
(1) TH'~ ~F.n?_v_F,__LOPMENT O,F ANY AUTOMOBILE OR TRUCK SERVICE
FA~L--i-E-fTIES~EET THE STANDARDS OF SECTION 9.8 OF
THE ZONING ORDINANCE UNLESS MORE RESTRICTIVE STANDARDS
ARE REQUIRED BY THIS PUD DO(;UMENT.
-19-
4.1
4.2
4.3
4.4
4.5
4.6
SECTION 4
GENERAL DEVELOPMENT REQUIREMENTS
RURPOSE
THE PURPOSE OF THIS SECTION IS TO SET FORTH THE GENERAL
DEVELOPMENT REQUIREMENTS AND CONDITIONS FOR DEVELOPMENT OF
THE PROJECT.
PUD MASTER PLAN
1. THE PUD MASTER PLAN HEREIN IS INTENDED AS AN ILLUSTRATIVE
PRELIMINARY DEVELOPMENT PLAN. THE DESIGN CRITERIA AND LAY-
OUT ILLUSTRATED ON THE MASTER ~AN ~HALL BE UNDERSTOOD TO BE
FLEXIBLE, SO THAT, THE FINAL DESIGN MAY SATISFY PROJECT
CRITERIA AND COMPLY WITH ALL APPLICABLE REQUIREMENTS OF THIS
ORDI[IA~:CE.
2. ALL HECESSARY EASEMENTS, DEDICATIONS, OR OTHER INSTRUMENTS
SHALl, BE GRANTED TO INSURE THE CONTINUED OPERATION AND
MAINTENANCE OF ALL PUBLIC SERVICE UTILITIES.
3. MINOR DESIGN CHANGES SHALL BE PERMITTED WITH COUNTY STAFF
ADMINISTRATIVE APPROVAL.
ACC
ESS TO PROPERTY ' ' '.~.:':.
THE ACCESS TO T.E PROPERTY SHALL ~ ~MITED TO ONE POINT o~" ~:?
pRIVATE ROADS
1. THE INTER[IAL ROAD SYSTEM SHALL BE PRIVATELY OWNED AND MAIN- .,2~C..~-
TAINED BY THE PROPERTY OWNER OR ASSIGNS AND SHALL BE EXEMPT .....'..'..
FROM THE COUNTY SUBDIVISION REGULATIONS.
SOLID WASTE DISPOSAL
1. ARRANGEMENTS AND AGREEMENTS SHALL BE MADE WITH THE APPROVED
SOLID WASTE DISPOSAL COLLECTOR.
ELECTRICITY, TELEPHONE, CABLEVISION
1. ARRANGE?.ENTS AND AGREEMENTS SHALL BE MADE WITH THE APPROVED
CON?RACTORS FOR THE PROVISION OF SERVICES. . . !/:.....:..
:: · ' ...-; · i.? i.. :. :.. "- .-':';~.:,.i, .'
'" ' '" - ':'- 'i
SECTION
DEVELOPMENT COMJ'~ITMENTS
IF THIS PETITION IS APPROVED, THE PETITIONER STATES THAT HE
WILL COMPLY WITH ALL OF THE COYDITIONS Or APPROVAL
INCLUDING THE FOLLOWING:
5.1 ENVIRONMENTAL PROTECTION
A SITE CLEARING PLAN SMALL BE SUBMITTED TO THE NATURAL
RESOURCES MANAGEMENT DEPARTMENT AND THE COMMUNITY DEVELOP-
MENT 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 HCM THE FINAL LAYOUT
INCORPORATES RETAINED NATIVE VEGETATION TO THE MAXIMUM POS-
SIBLE AND HCa4 ROADS, BUILDINGS, LAKES, PARKING LOTS, AND
OTHER FACILITIES HAVE BEEN ORIENTED TO ACCOMMODATE THIS
GOAL.
NATIVE SPECIES SHALL BE UTILIZED, WHERE AVAILABLE, TO THE
MAXIMUM EXTENT POSSIBLE IN THE SITE LANDSCAPING DESIGN. A "
LANDSCAPING PLAN WILL BE SUBMITTED TO THE NATURAL RESOURCES
M~NAGEMENT DEPARTMENT AND THE COMMUNITY DEVELOPMENT DIVISION '3.
FOR THEIR REVIEW AND APPROVAL THIS PLAN WILL DEPICT THE ..7:'.
INCORPORATION OF NATIVE SPECIES, IF ANY. THE GOAL OF SITE
OR DUE'TO PAST ACTIVITIES. ''"~':
ALL EXOTIC PLANTS, AS DEFINED IN THE COUNTY CODE, SHALL BE '.C-'v-'
REMOVED DURING EACH PHASE OF CONSTRUCTION FROM DEVELOP HENT -.";':.1
AREAS, OPEN SPACE AREAS, AND PRESERVE AREAS. FOLLOWING SITE
DEVELOPMENT A MAINTENANCE PROGRAM SHALL BE IMPLEMENTED TO '-~ '
PREVENT RE-INVASION OF THE SITE BY SUCH EXOTIC SPECIES.
THIS PLAN, WHICH WILL DESCRIBE CONTROL TECHNIQUES AND ...~;.~..~.
INSPECTION INTERVALS, SHALL BE FILED WITH AND APPROVED BY
THE NATURAL RESOURCES MANAGEMENT DEPARTMENT AND THE CO~MU- .. i ....
NITY DEVELOPMENT DIVISION. '.,-~, .
IF DURING THE COURSE OF SITE CLEARING, EXCAVATION, OR OTHER
CONSTRUCTION ACTIVITIES, ANY ARCHAEOLOGICAL OR HISTORICAL
SITE, ARTIFACT, OR OTHER INDICATOR 1S DISCOVERED ALL DEVEL-
OPMENT AT THAT LOCATION SHALL BE IMMEDIATELY STOPPED AND
THE NATURAL RESOURCES MANAGEMENT DEPARTMENT ~OTIFIED. DEVEL-
OPMENT WILL BE SUSPENDED FOR A SUFFICIENT LENGTH OF TIHE TO
ENABLE THE NATURAL RESOURCES H~NAGEMEHT DEPARTMENT OR A
DESIGNATED CONSULTANT TO ASSESS THE FIND AND DETERMINE THE ",~-..:°
PROPER COURSE OF ACTION IN REGARD TO ITS SALVAGEABILITY. THE i'~ 'l
NATURAL RESOURCES MANAGEMENT DEPARTMENT SHALL RESPOND TO .'u:.'lk]:~f3'
SUCH NOTIFICATION IN A TIMELY AND EFFICIENT MANNER SO AS TO :... :
PROVIDE ONLY A MINIMAL INTERRU'PTION TO ANY CONSTRUCTION :.:.',,...:'.'..
ACTIVITIES.
-21-
· 2
5.3
THE PETITIONER SHOULD INVESTIGATE BERMING AND/OR OTHER PRU-
DENT DESIGNS FOR THE DR! R£TENTION AREA IN THE SOUTHERN
PORTION OF THE PARCEL. DESIGNS SHOULD SE ADOPTED TO MINI-
MIZE HASITAT DESTRUCTIO# OF THE AREA. RETENTION SHODLD BE
REVIEWED BY AND SUBJECT TO THE APPROVAL OF THE NRMD PRIOR TO
ANY DEVELOPMENT,
PETITIOt;ER WILL BE SUSJECT TO ORDINANCE 75-21 (eR THE
TREE/VEGETATION R~MOVAL ORDINANCE IN EXISTENCE AT THE TIME
OF P£R~ITTING), REQUIRING THE ACQUISITION OF A TREE REd, OVAL
PER~IT PRIOR TO ANY LAND CLEARING.
1. THE EEVELCPER SHALL PROVIDE ARTERIAL LEVEL STREET LIGHTIiiG
AT THE PROJECT ENTRANCE.
2. THE EE','ELO?ER SHALL PAY TOLL COST OF THE PROPOSED MEDIAN
OPENING AND ITS ASSOCIATED LEFT TURN LANES.
THE DEVELOPER SHALL DEDICATE UP TO 3e FEET OF ADDITIONAL
RIGHT-CF-WAy ALONG THE SOUTH SIDE OF PINE RIDGE ROAD FOR
FUIURE ROADWAY, BIKE PATH AND DRAINAGE IMPROVEMENTS.
THESE REQUIREMENTS ARE CONSIDERED "SITE RELATED" AS DEFINED.
IN ORDINANCE 85-55 AND SHALL NOT BE APPLIED AS CREDITS ...~...
TOWARD ANY IMPACT FEES REQUIRED BY THAT ORDINANCE. THEY ' '
SHALL BE COMPLETED BEFORE ANY CERTIFICATES OF OCCUPANCY ARE
ISSUED, EXCEPT THAT THE RIGHT-DF-WAY DEDICATION ~y BE ;'.'.~..:~
DELAYED UNTIL REQUESTED BY THE COUNTY. ..
ENGI t;EER I NC
THE MASTER PLAN SUBMITTED SHOWS TWO ENTRANCES ON PINE RIDGE
ROAD. THE WEST ENTRANCE SHALL BE SPECIFIED AND DESIGNED FOR
A RIGHT-IN, RIGHT-OUT ENTRANCE ONLY. (NOTE: THE PETITIONER
HAS AGREED TO ELIMINATE THIS ENTRANCE. SEE 4.3 "ACCESS TO
PROPERTY", PRECEDING).
2. SECTION 4.4 OF THE PUD DOCUMENT STATES THAT THE INTERNAL
ROAD WILL BE PRIVATE AND SHALL BE EXL~PT FROM THE SUBDIVI-
SION REGULATIONS. THE INTERNAL ROAD MAY BE PRIVATE, HOW-
EVER, THE SUBDIVISION REGULATIONS SHALL APPLY TO THE PRO-
JECT. SHOULD THE DEVELOPER WISH TO REQUEST AtlY SPECIFIC
WAIVERS, SAID WAIVERS SHOOLD BE REQUESTED A~D GRANTED AS
PART OF THE REZONE PROCESS. THE PETITIONER REQUESTS A
WAIVER FROM THE ROAD CONSTRUCTION STANDARDS AS MAy BE '...L ,
REQUIRED TO.ACCOMMODATE THE DRAINAGE REQUIREMENTS AND SUS-.:.i-~"~..i;!''.
JECT TO THE REVIEW AND APPROVAL OF THE COUNTY ENGINEER. '..'"'~.".%?"~
3. THE MASTER PLAN, AS SUBMITTED, 'WILL REQUIRE THAT THE PRO- .4)'. ' '
JECT BE PLATTED. ·
4. THE LOCATION OF THE INTERNAL ROAD ADJACENT TO THE EAST
-22-
PROPERTY LINE LENDS ITSELF TO USE BY THE ADJACENT PROPERTY
AND SHOULD BE CONSIDERED. THIS IS OF PARTICULAR IMPORTANCE
WHEN THE LOCATION OF THE EXISTING MEDIAN OPENING 1S CONSID-
ERED SINCE IT LINES UP WITH THE PROPOSED ROAD SHC~iN ON THE
MASTER PLAN.
5.4 WATER MANAGEMENT REQUIREMENTS:
DETAILED SITE DRAINAGE PLANS SHALL BE SUBMITTED TO THE
COUNTY ENGINEER FOR REVIEW. NO CONSTRUCTION PERMITS SHALL
BE ISSUED UNLESS AND UNTIL APPROVAL OF THE PROPOSED CON-
STRUCTION IN ACCORDANCE WITH THE SUBMITTED PLANS IS GRANTED
BY THE COUNTY ENGINEER.
CO~;STRUCTION OF ALL WATER MANAGEMENT FACILITIES SHALL BE
SUBJECT TO COMPLIANCE WITH THE APPROPRIATE PROVISIONS OF THE
COLLIER COUNTY SUBDIVISION REGULATIONS.
3. AN EXCAVATION PERMIT WILL BE REQUIRED FOR THE PROPOSED LAKE
IN ACCORDANCE WITH COLLIER COUNTY ORDINANCE NO. 88-26, AS
A~IENDED BY ORDINANCE NO. 83-3, AND AS MAY BE AMENDED IN THE
FUTURE.
4. A STRIP OF LAND, NOT TO EXCEED 25 FEET IN WIDTH, ALONG THE
El;TIRE PINE RIDGE ROAD FRONTAGE SHALL BE RESERVED FOR USE AS
A FUTURE EASEMENT FOR ~ALE WIDENING AND MAINTENANCE PUR-
5. PRIOR TC COMMENCEMENT OF CONSTR~CTION, THE ADEQOACT OF THE
D~NSTREAM CONVEYANCE ROUTE SHALL BE DEMONSTRATED TO THE · '~
WATER ~ANAGENENT DIRECTOR. .-'
6. PE?I?IONER SHALL BE REQUIRED TO PROVIDE DETENTION/RETENTION
PRE-TREATZENT IN ACCORDANCE WITH S.F.W.M.D. "BASIS OF .~-:...~...
REVIEW", SECTION 3.2.2.2.b AS PART OF THE DETAILED WATER ~......3... ~.:
MANAGEMENT PLAN .....
5.5 COUNTY UTILITIES
1. SEE MR. THOMAS A. DONEGAN LETTER OF AUGUST 13, 1986,
ATTACHED.
5. 6 E'.;V!RON.MENTAL HEALTH DEPARTMENT
5.7
1. PACKAGE TREATMENT PLANT PERMITTED BY D.E.~R:; WATER BY CITY
OF NAPLES. ANY ESTABLISHMENT REQUIRING ~/-.C.P.H.U. PERMIT
MUST SUBMIT PLANS FOR REVIEW AND APPROVAL.% . ' ' '-.i;
COLLIER COUNTY PLANNING AGENCY ' ' ' " "' ~ '"'": ..... t'
1. RECOMME~;DATION OF APPROVAL SUBJECT {0 THE CONDITIONS STIPU-
LATED IN THE PLANNING STAFF REPORT.
-23-
]~XECUTIVE SUMMARY
STAFF REVIEW AND RECOMMENDATIONS RELATIVE TO ORDINANCE 91-67, AS
AMENDED, ALSO KNOWN AS THE NORTHBROOKE PLAZA PUD, WHICH,
ACCORDING TO THE REQUIRED PUD STATUS REPORT SUBMITTED BY THE
PROPERTY OWNER/AGENT, }:lAS NOT COMMENCED CONSTRUCTION, AS
DEFINED IN SECTION 2.7.3.4 OF THE COLLIER COUNTY LAND DEVELOPMENT
CODE, RESULTING IN SEVERAL POSSIBLE COURSES OF ACTION FOR THE
BOARD OF COUNTY COMMISSIONERS TO CONSIDER.
OBJECTIVE:
Staffis requesting that the Board review staff's findings and recommendations regarding the above
referenced PUD
CONSIDERATIONS:
This PUD was originally approved on July 30, 1991. Section 2.7.3.4 of the Collier County Land
Development Code requires that the project developer submit an annual report on the progress of
development, commencing on the fifth anniversary of the PUD approval by the Board of County
Commissioners. The singular purpose of this report is to evaluate whether or not the project has
commenced in earnest in accordance with the criteria set forth in Section 2.7.3.4. For those PUDs
approved prior to the effective date of adoption of the Land Development Code, the five year
approval period commenced on the adoption date, October 30, 1991. Therefore, the conditions set
forth in Section 2.7.3.4. are applicable as of October 30, ]996.
The above referenced PUD has been identified as a project which was approved prior to October
30, 1991 and which has not commenced construction as defined in Section 2.7.3.4. Staff has
utilized the required PUD status (monitoring) report, supplemented by field observation and review
olin house records to verify the current status of the PUD and as the basis ora recommendation to
the Board consistent with the options provided in Section 2.7.3.4 (1) & (2). Section 2.7.3.4 reads
as follows:
2. Z3.4.
Time limits for approved PUD master plans. In the event that a PUD
master plan is given approval, and the landowner(s) shall:
Fail to obtain approval for intprovement plans or a development order for
aH infrastructure improvements to include utilities, roads and similar
improvements required by the approved PUD master plan or other
den,elopment orders for at least I5 percent of the gross land area of the
PUD site every Jqve ycars of the date of approval b)' the Board of CounO.
Commissioners; anti
,.JAN 2 1 1997
Pi.
2.
Fail to receive final local development orders for at least 15 percent of the
total number of approved dwelling units in the PUD, or in the case of
PUDs consis,ffng of nonresidential uses, 30 percent of the total approved
gross leasable floor area within the PUD every six years of the date of
approval by the Board of County Commissioners.
The project developer shall submit to the Planning Services Director a
status report on the progress of development annually commencing on the
fifth anniversary date of the PUD approval by the Board of Count),
Commissioners. The singular purpose of the report }*'ill be to evaluate
whether or not the project has commenced in earnest in accordance with
the criteria set forth abov~
Should the Planning Sen,ices Director determine that the development
has commenced in earnest, then the land shall retain its existing PUD
approval and shall not be subject to additional review and consideration
of near development standards or use modification.
Should the Planning Services Director determine that the development
has not commenced in earnest, then upon review and consideration of the
report provided by the owner and an)' supplemental information that may
be provided, the Board of Count)' Commissioners shall elect one of the
following:
To extend the current PUD approval for a maximum period of m,o ),ears;
at the end of which time, the owner will again submit to the procedure as
defined herein.
Require the owner to submit an amended PUD in which the unimproved
portions of the original PUD shall be consistent with the Growth
Management Platz The ex'isting PUD shall remain in effect until
subsequent action by the Board of the submitted amendment of the PUD.
lf the owner fails to submit an amended PUD within six months of Board
action to require such an amended submittal, then the Board may initiate
proceedings to rezone the unimproved portions of the original PUD to an
appropriate zoning classification consistent with the Future Land Use
Element of the Growth Management Plan.
In the case of developments of regional impact, time limit restrictions
shall be superseded by the phasing plan and/or time limits contained
within the application for development approval and approved as part of a
development order in conformance with ~S. ff380. 06. AG[U~ x
JAN 2 1 1997
~;ynot}si$ of At, proved Land ~Jses: ThJs PUD is approved for a mixed use development of
commercial and residential land uses. The PI.rD authorizes twenty-five point eight (25.8) acres of
commercial uses, and fourteen point one (14.1) acres of residential development containing no
more than 150 dwelling units for a net density of 10.$ dwelling units per acre. The ~Jlowable
density in activity centers is 16 dwelling units per acre. More specifically the £oilow~ng
development intensity and density is allowed:
MAX. MAX. MAX.
SITE SQ. FT. OF PARKING MAX. DWELLING
USE ACRES FLOOR AREA SPACES ROOMS UNITS
Gas stations 3.2 Not applicable Per ZO.
Restaurants 5.0 18,000 Per ZO.
General Retail 7.1 118,000 Per ZO.
Motel/Hotel 7.0 Not applicable Per Z.O. 150
Office 3.5 60,000 Per Z.O.
Multi-family
Residential 14.1 Not applicable Per Z.O. 150
Access Road 2.855
TOTAL 39.9 (Project)
2,855 (Access road)
42.755
The Master Plan establishes three (3) development tracts, one of which is limited to residential and
congregate living care units. The other two tracts authorize commercial development generically
described in the above table.
Building heights are authorized for three (3) stories for commercial and five (5) stories for
residential. In each case authority is administratively granted to allow building heights of' up to ten
(10) stories. Off-street parking, signage and landscaping defer to the regulation contained in the
LDC at the time ofpermitting
Access to and from the Northbrooke Plaza PUD shall be from Northbrooke Drive.
Consistency with Comprehensive Growth Management Plan: The subject PUD is designated
M/xed Use Activity Center on the Future Land Use Element of the Gl,fi'. Based on staff review of
the approved land uses, the PUD has been determined to be consistent with the_Collier County ,
Growth Management Plan. The PUD is deemed consistent/inconsistent with the
Elements ('FLUE, Traffic Circulation Element, Open Space/Natural resource Eleme
_~_ JAN ~ 1 ~997
(~o, nsistenc¥ with the Collier County Land Development Code: The PUD has been distributed
to the appropriate iurisdimion review entities specifically for re,,4ew of the PUD for consistency
with current land development regulations. Based on that review, the following inconsistencies
have been identified:
Transportation: (Traffic impacts, access management, etc.)
No inconsistencies were reported, however staff advises that certain references should be changed
to reflect current administrative regulation if the PUD is to be amended.
Landscape: ('Buffers/Green Space)
No inconsistencies reported. The PUD provides that in the absence of specific regulation the
provisions of the LDC applies In this case the provisions of Div. 2.4 Landscaping applies to this
PUD. This means that thirty (30) percent of the land area must comprise of qualifying open space
areas.
Environmental: (Protected species, green/open space)
No inconsistencies were reported, however staff advises that in the event of an amendment
references to environmental regulations should be changed to current references. The current PUD
advises that the then free standing ordinances applied. These have now been consolidated into the
LDC, however they still apply to this PUD.
Engineering/Site Development: (Sewer/water, drainage issues)
No inconsistencies were reported however, staff advises that in the event of an amendment certain
development commitments should be changed to reflect current references.
Staff Corn ments:
'No additional development permitting applications have been made since adoption of the PUD
rezoning action.
Staff is of the opinion that there is insufficient justification to require an owner to submit an
amended PUD simply because the PUD reference codes that are now consolidated into the Land
Development Code, or othe~4se have references of administrative import that have been changed
in the most recent LDC change. There references are not made invalid because they changed or are
otherwise placed in a different legislative document. Their closest or most similar relationship to
current references applies in the administration of PUD development commitments. More
importantly, is whether or not there is any absence of development commitments needed to make
the PUD consistent with today's code requirements. Staff review does not indicate that there are
any inconsistencies or omissions that are now necessary to achieve current Land Development
Code requirements as made applicable to subsequent required development apprm ~s 0.~~' -'
and/or SPD's).
--
FISCAL IMPACT:
A two year extension ofthis PUD Ordinance vail have no fiscal impact on Collier County.
STAFF RECOMMENDATION:
Based on a comprehensive review of this PUD document, staff recommends that the Board of
o, ty Commissioners [grant a two year ex'tension of this PUD per the attached resolution.
~,RE~
RONAL~I~ ~ DATE
PARED Y.'_~
I~NO, AICO
CI~IEF PLANNER
REVIEWED BY:
ROBtERT J. NIULHERE, AICP
CURRENT PLANNING MANAGER
DATE
D-OI~'AL"D-W. ARNOLD, AICP DATE
PLANNING SERVICES DEPARTMENT DIRECTOR
VINCENT A. CAUTERO, ADMINISTI:t~-kTOR DATE
COMMUNITY DEVELOPMENT & EN~qRONMENTAL SERVICES DI;,qSION
Ordinance 9147 Ex. Surrdpd
-5-
RESOLUTION 97-
A RESOLb~fION BY THE BOARD OF COb~TY
COb~ISSIO~'-RS OF COLLIER COUI;TY, FLORIDA,
PU~(SUANT TO SECTION 2.7.3.4 OF THE COLLIER
COt~TY L~;D DEVELOPMENT CODE AFFECTING
ORDINAl;CE 91-67 ALSO KNO'~ AS ~;ORTHBROOKE
PLJ, ZA PUD, EXTE~DING THE CURRENT PUD
APPROVAL TO OCTOBER 30, 1998; AND PROVIDING
AN EFFECTIVE DATE.
~EREAS, the Northbrooke Plaza PUD, Ordinance 91-67 adopted on
July 30, 1991 is ~ubject to the provisions of Section 2.7.3.4., of the
Land Development Code (LDC), Time Limits for Approved PUD Zoning
Districts together with their respective Master Plans; and
~"HEREAS, the PUD was adopted consistent with and under the
provisions of the Collier County Growth Management Plan; and
~-HEREAS, the Board of County Commissioners has reviewed the PUD
and has determined to extend the current PUD Zoning for two years,
until October 30, 1998; and
NOW, THEREFORE BE IT RESOLVED, by the Board cf Zoning Appeals cf
Collier County, Florida that:
1. The above recitals are adopted herein by reference a~ if
fully set forth herein.
2. This Resolution shall constitute evidence of compliance
with the review requirements of Section 2.7.3.4 of the
LDC.
3. Pursuant to said section of the LDC, the current PUD
approval is hereby extended to October 30, 1998; at the
end of which time the owner shall submit to the
procedures in LDC Section 2.7.3.4.
This Resolution shall become effective i~mediately upon its
approval.
BE IT FURTHER RESOLVED that this Resolution be recorded in the
minutes of this Board and in the records of the Petition for which the
extension is granted.
-1-
AGENDA.~T[M.
Commissioner offered the foregoing
Resolution and moved for its adoption, seconded by Cor~missioner , and upon roll call, the vote was:
AYES:
~;AY S:
ABSENT A3~D ~;OT VOTING:
ABSTENTION:
Done this day of
, 1997 .
BOARD OF COU~TY COMC~ISSIO:~ERS
COLLIER COL~.;TY, FLORIDA
BY:
C~I~MA3~
ATTEST:
DWIGHT E. BROCK, CLERJ<
APPROVED AS TO FORM ~;D LEGAL SUFFICIE:ICY:
y_~RJORIE M. STUDE;iT
ASSISTA~iT COL2iTY ATTOrnEY
:;ORTHBROOKE PIZZA PUD/19079
-2-
AG£N T~M
JAN ~ 1 iOcJ7
A.'~ O..D..,.-.,C-= ~"'" -- ;.':E::Di::G CRDi:;;d;CE ,';~".'='-: ......
82-2 THE C~'.:pREHE::Si'TE ZRNi:;G REGULATIONS
FOR THE b~INCORPORATED A~EA OF COLLIER
COU~.;Ty, FLORIDA, BY ;~ENDI:;G THE O:-?iCIAL
ZONING ATLAS ~/.AP Nb~.:BER 8619S; BY
CFJC;GING THE ZONING CLASSIFICATION O? THE
HEREIN DESCRIBED R-~AL pROPERTY FP.C:: A-~
TO "PUD" PL;C~:;ED L"NIT D~;ELOP.0a.,~
AS NORTHBROOKE PLAZA PUD, FOR ~-'~ 1-75
INT.~RCFJJ;GE MIXED USE COMPLEX (MIXED
CO..~2~.ERCIAL AR;D RESIDENTIAL USES), FOR
PROPERTY LOCATED It; THE NORTH-LAST
QUADRA/;T oF 1-75 AR;D NAPLES-I:-~M.OMJ-L'-~
ROA~D (C.R. 846}, It{ SECTION 19, TO'-~JSHIP
48 SOL-iH, P~;GE 26 FAST, COLLIER
FLORIDA, CONTAI:;ING 43 ACRES, MORE OR
LESS; AR;D BY PROVIDI::G A~; EFFECTIVE DATE.
~S, William R. Vines of Vines & Associates, Inc.,
representing citizens & Southern Trust Company (Florida) N.A.,
petitioned the Board of County Ccr~issioners to change the zcnin?
classification of t~e herein described real property;
NOW, ~qER~FOPd: BE IT ORDAINED by the Board cf County Cs--issicners
of collie~ County, Florida:
The Zoning Classification of the herein described rea! pr:perry
!coated in Section 19, Tc%~ship 48 South, Range 2& East , Collier
Cc'Rnty, Florida, is changed from A-2 to "P~" Planned Unit Develcpnent
in accordance wi~h ~he Northbrocke Plaza PE~ Dcc'~ent, attached hereto
as Exhibit "A" and incorporated by reference herein. The official
Zoning Atlas Map Nut_bet 8619S, as described in Ordinance Nut-her 62-2,
is hereby a~ended accordingly. .-
SECTION ~0:
This ~rdinance shall become effective u~cn receipt of notice
the Secretary of State that this Ordinance has keen filed with the
Secretary of State.
AG E N D,~,~,T~ ~-~
JAN g 1 997
Pg. ~
: PASSED ~2:D DULY ADOPTED by the ~card of Ccun%y Ccmmissicner~. cf
Collier County, Florida, this ]U~h day of Ou[v , 179!.
BOARD 07 COU:;TY
COLLIER COU:;TY, FLORIDA
ATTEST: ' ;' BY:
~P~yED.AS TO.FbP24 ~;D LEGAL SUFFiCIEr;CY
-2-
AG EN D,~k. IT£ M,,
JAN £ 1 1997
NOATHBROO~E PLAZA
A
PLANNED UNIT DEVELOPMENT
Pre2ared for:
CITIZENS & SOUTHER,'.~ TRUST COMPANY (F;orida) N.A.
Prepared by:
Vines & Associates, Inc.
715 Tenth Street South
l';a21es, F~orida 33940
Phone: (813) 262-4164
Date Filed:, 1-2-~1
Date Revised:, 7-~0-91
Date Recommended by CCPC: 7.11.91
Date Approved byBCC: ?-30-91
Ordinance Number: 91..~,?
gAN 2 1 1997
TABLE OF CO,'ITENT~
SECTION
LOCATION MAP
ST,&,TEMENT OF COMPLIANCE
PROJECT PLANNING TEAM
SECTION I.
SECTION I1.
SECTION III.
SECTIOF,! IV.
ATTACHMENT ' 1"
PROPERTY OWNERSHIP AND DESCRIPTION
PROJECT DEVELOPMENT
PROJECT DEVELOPMENT REGULATIONS
DEVELOPMENT COMMITMENTS
PUD MASTER DEVELOPMENT PLAN'
1
,4
8
16
JAN 2 1 1997
CR 8~6
CUI.LII:R C(:U:'I 'rY. i I ~.., [,/'.,
NOR II iHl,'.u('q,,r I'1. \,'...\
AGE T M.
JAN £ 1 ~997
STATEME~qT OF COMPLIAt:CE
The development of 39.9 acres of land in Collier Coun:'t as a Planned Unit
Development to be known as Northbrooke Plaza, together with developrr, er.t o;
2.855 acre access road, will be in compliance with the plannir, g goals and objective.~
of Collier County as set forth in the Comprehensive Plan. The commerc!al and
residential facilities developed within i~:orthbrooke Plaza will be consistent with
growth policies, land development regulations, and ~pplicable comprehensive ptanr, ing
objectives for the following reasons:
.:
1. The'Future Land Use Element of the Collier Count'/ Growth Management P~an
provides at page LU-I-33 that 'if nay proiect is ?§% within an Activity Center,
the entire proiect shall be considered to be withln the Activity Center.- Slightly
more than 80% of the subject property lies within an In;etsta:e Ac:hzi:'t Center.
The Future Land Use Element provides that, at page LU-I-33. Activiw Cea:ers
are intended to be mixed use in character, i.e., commercial, res!dential,
institutional. I'Jo~hbrooke Plaza will be a mixed use project.
The Future Land Use Element density rating system provides, at !~age LU-I-2_~,
that with respect to residential development, 'if the proiect is within an Activity
Center, up to 16 residential units per Gross acre may be perm..itte~." The
residential comDor, ent of the proiert complies with this provision.
The project will be served bY a complete range of services and utiE;ies,
including potable water, sanitary waste treatment and disposal, electric power,
telephone, cable television, solid waste removal.
The pro[ect will be in compliance with all ap~llc~ble County re~u',ations
including the Gro,,'zth Managemen[ Plan.
All final local development orders for the project will b~ subject to the
Adequate Public Facilities Ordinance.
NO. ~
,JAN £ 1 ~997
which i~'el.m~'e,J the PUL) Mnsl. er I'In~. I'UL)
materlnls which cumH~'ise the PUL) Al~l~lh:ntiw~
Vines F. Asso¢int~s, h~c., L.~d Plnm~er/l~ro~ect Cuu~'di~)ntor
:;
Hole. , Montes ~, Assaclates. Inc., Englnee~stSurveyors
Kevin L. Erwin, Inc., Ecologist
B:~rr, Dunlop F,, Associates, Inc., Trarl'ic Engineer's
Young, vanAssenderp, Varnadoe & [3enton, P.A., Attu,'~eys
M~rketlng Man~cjement, Inc., ;,l~rket Ar~alysts
No.
'JAN ~ i
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1. PUP, POST .
The purpose of this Section is to set forth the location and ownership of the
property, and to describe the existing conditions of the property to be
developed under the project name of: NorthbrookePlaza.
1.2 LEGAL D~$¢RIPTION
The project site is 39.9+/. acres in area. The acc~ ~_';l:d~ll serve the
p. rojec, t !s 2.855 acres in area. The gross area.~.is 42.755 acre~.'~'The lecnl
cescr~pt~on of the project and the access road fol~ page. "' ~-
1.3. P~QPERTY OWNERSHIP.
Tide to the property is curren;h/ in Land Trust #540§, held by Citizens &
Southern Trust Company (Floridal National Association, Naples, Florida P.O.
Box 1857, Naples, Florida 3~9~.1857. The prope~,/ owner is the rezor, e
petitioner.
1.4. (~N[RAL DESCRIPTIC)N OF P~,P~RI-Y AFfiX,.
1,5.
A. The property lies in t,;e r,c.~heast quadrant of the 1-75/lmmokalee Road
interchange in Section 1,9, Tow~.ship 48 South, Range 26 East.
B. The property is zoned A-2, agricultural, proposed to be rezoned to PUD
Planned Unit Development for commercial, residential, and related uses.
PHYSICAL DESCRIPTION :
The property is bounded on the south and west by the Immokalee Road Canal
and lies within the Cocahatchee River watershed. Elevation ranges from about
11.5 feet to 13 feet above mean sea level, averaging about 12.25 feet.
V./edands on the property are limited to a .49 acre triangular area in the
southeast corner of the property. Most of the vegetation on the property is
pine and associated upland plants. The southwesterly portiono~theprol~erty
was cleared and used as a storage/work area when the 1-75/Immokalee Road
interchange and the associated canal relocation construction was undertaken.
Soil types on the property are predominately Arzell fine sand. There is a minor
area of Broward fine sand along the westerly edge of the property, and a small
amount of cypress swamp soil at the southeastern edge of the property.
JAN 1 1997
HOLE. MONTES AND ASSOC.. I,'IC.
CO,';GULTING Ei'IGI~IEEt'IG -- PL,",:I,'IER3 -- L,',:;D GUH'/E cot,.',
lie, la9
Acre Parcel (pr(,iect c, rea}
A parcel of land located in the Southeast quarter of Section 19, Towns:".ip
South, Range 26 East, Collier County, Florida, being more particularly
described as follows:"
Commence at the Southeast corner of Section 19, To',*nshlp q8 South,
26 East, Collier County, Florida, th~nc~ run South 85'3~'36" Wes: ~;n.~
South llne or the SouU~as~ quarter or ~h~ said Section 19 For a dlstar~¢~
100.00 feet; thence run North 00~2'5~'' West par~Hel with the East I~ne of
Southeast quarter of the said Section 19 for a distance or 100,00 feet
pein[ on the ~lurtherly line or a 100.00 foot County Canal easement and t~.~
POINT OF BEGI~INING or the parcel of ~and herein described; thenc~
?~ortn 00;q2'Sq" ~est parallel with the East line of the Southeast q~arter of
the said Section 19 ~or a distanc~ o~ 1,2q3.75 feet: thence ru~
89017'06" West for a distance o~ ~0.00 f~t; thence run North qSogS'Og" ~'~'es~
for a distance of 200.00 ~et; thence run North 28038'00" West for a distanc~
o¢ 321.01 feel.; thence run North 78055'38" W~st for a distance of 5~.9~
to the Northeasterly corner o¢ a dralnaae ~asement recorded in Officla]
Bgok 365 at Page qlq o~ the PubJlc RecOrds or Collier County. Florida;
run South 01°37'19'' East along U~e Easterly line o~ said drainage easeme~.t
a distance of ~2.73 fe~t to the beginning o~ a tanQential circular
c~ncav~ to the East; thenc~ run SouU~erly along the ar~ o~ said curve to the
left, same ~elng the E~sterly line o~ said drainac~ ~as~en[, havinQ a
o~ 2,650.79 feet through a central angle of 100~2'08", subtended ~y a chord
o¢ q86.7q feet aL a bearing of South 06053'23'' East, ~or a distance ~
.feet to th~ end o~ said curve; th~nc~ run SouU~ 12009'27" East along the
Easterly line o¢ the said drainage ~asement for a distance o~ 6~5.77 feet:
thence run 'South qaoUg'qO" East along th~ Easterly line or the said
easement for a disLance o¢ 279.67 feet to a point on the Northerly llne of-a
100.00 foot County Canal ~asement: thence run North 89~3q'3~,, East 2!on~ the
Northerly line of th~ said 100.00 foot County Canal easement for a distance
873.61 feet to the POINT OF BEGINNING.
Containing 39.90 ~c~es. more or less.
Subject' to easements, reservations or restrictions or record.
Bearings shown hereon rorer to those shgwn on the State of Florida
Department o~ Transportation Right-of-Way Map for Flurlda Sta{e R~ad No.
{Interstate 1-75) Section 03175-2q01.
Th}s legal description was derived from inrorma~iu~ shown on the F!orJd3
O~parJment or TransportaUun Right-or-Way Map ~,~ Slate I:o3d No. 93
(Interstate 1-75) Section 03175-2qgI, Sl~eet 3, Cutli~r C~Jn~y.
tugeLher with supplcme~tary il~urmn(io~ pruvidud 15· clie~iJ. 'Tllis description
has not been [iu~d surveyed.
'2
JAN 2, 1 1997
2.855 Acre Parcel (access roadl
A parcel of land located in the Southeast Quarter of Sec:ion 19, Township 48 South.
Range 26 East, Collier County, Florida. be;rig more particu!arIy described as
Commence at the southeast corner of Section 19, Township 48 South, Range
East, Collier County, Florida; thence run South 89°34'36' West along the SouIn line
of the Southeas'~ quarter of said Section 19 for a distance of 100.00 feet; thence run
North 00°42'54' West, parallel with the east line of the Southeast quar;er of sa;d
Section 19, for a distance of 100.00 feet to a point on the northerly line of a 100.00
foot Count',, canal easement and the PQINT OF BEGINNING offhe parcel of land herein
described; thence continue North 00°42'54' West, parallel with the east line of the
Southeast qua~er of said Sec:ion 19, for a distance of 1243.75 feet; thence run
l','o,~h 89°34'36' East for a distance of 100.00 feet: thence run South 00°42'54'
East fora distance of 1243.75 fee:; thence run South 89034°36- Wes: along the
northerly line of said 100.00 foot Coun,W canal easement for a distance of
feet to the POINT OF
Containing 2.855 acres, more or less.
The proiect area combined with the access road area is 42.755 aczes.
I .6 PR(~JECT DESCRIPTION
1,7,
The Northbrooke Plaza projecz will be comprised of a mix of commercial ar.d
residential uses. Typical uses .,.~iil ir, c~ude gasoline sar'vice stations, restaurants,
general retail facilities, hotels/motels, offices, and multi-family residential units.
The proiect applicant/developer will not be an end user. End users will typically
be regi6nal or national corporations which routinely locate in inters:ate
interchange commercial developments. The project owner/developer will secure
· appropriate plan approval and zcning, install access drives, utilities, and o~her
required infrastructure, and market ready to build on sites for devetopmer, t in
accord wlth the approved PUD Master Plan, PUD re~ulato!y documer,:, and
applicable other' regulations. '
,~HO RT TITLF~
This ordinance shall be known and cited as the "NORTHBROOKE PLAZA PUD
ORDINANCE".
jAN £ 1 1997
/
2,1,
2.2
2.3.
SECTION
PROJECT DEVELOPMED~T
PURPOSE
The purpose of this Section is to describe the basic development c~iect~ves ar, c
to Generally describe the pro/eCl develcpment p~an.
A,
RAt,,.
Development of this proiec~ .,-/ill be Governed by the cor, te':s cf
document and applicable sect{ohs of the Collier County Zoning Ordinance
in effect at the time of Site Development Plan/Subdivision t,laster Plan
approved(s).
B. Unless other',vise noted, the definitions of a',l terms shall be the sa.--, e as
the definitions set forth in the Cailler Coun;'t Zcr, ing Ordinance in effect at
the time of Site Development Flan/Subdivision I',laster Plan epprov~-I(s).
C. AH conditions imposed and all §raphic material presented de:idling
restrictions for the development of Northbrooke P~aza shall become pa~ of
t,'-,e regulations which govern the manner in which the FUD site rr.,a,l be
developed. '
D. Unless specifically waived by appropriate authority, the prov:s.cns cf
regulations not otherv/ise provided for in this PUD shah remmn in f;;'.t force
and effect.
PROJECT P'. A ,"l
A. This site is planned as a mixed use com~erclal;residen~ial proiect
v/ill provide commercial services 'to highway trave!ers as '.'/e~l as to
residents in the vicinity. In ~ddi~ion to conven~ionatinterchanGe
end surrounding neighborhood serving commercial services, car, var. it. anal
residential and/or retirement residential usage with sup;offing rr.,edicat and
related services will be incorporated in the proiect. The PUD ,Master Ftan,
known as Attachment "l', which by reference is Made par; of this.
document, divides the property into Tracts A, E, and C. ~ach of ',',.,",ich is
the subiect of detailed standards which are set forth in this PUD document.
The exact boundaries of development parcels are to be established at the
time of construction plans and platting approval.
At the time of initial PUD zoning, no detailed development plan for the
entirety of the site exists. The development intention is to pravlCe
appropriately zoned sites, with all necessary utilities in pi=ce, to
accommodate commercial and related development projects, such as
national motel and/or restaurant chains, gasol!ne service'stations, reto,I
/
PS..~
facilities of various kinds, offices, and a residential deve:a;ment
component.
Since the project development sponsor will not be the end user of the
various mixed use complex, plan approval will occur in four steps. The
first step is establishment of the PUD document which includes
developmental standards and regulatory requirements for the .entire
property. A Subdivision Mas;er Plan shaII be submitted to CoIIierC6unty
for review and approval .for the second step, Upon SMP approval,
construction plans and ptat shall be submitted for review and approval
which wiIt be the third step. For the fourth step, one of the followlngwill
be provided for:
1. The developer of any pla~ed tract or parcel which is not intended to
be further subdivided, shall be required to submit and receive approval
of a Site Development Plan in conformance with the require.merits
established within Section 10.5 of the Zoning Ordinance.
2. The developer of any pta~ed tract or parcel which is intended to be
further subdivided shall be required to submit and receive approval of
a Subdivision Master Plan for that tract in conformance ,,'zl;h
requirements established with Article IX, of the Subdivision
Regulations, if the original SMP did not show specific development
'within that tract or parcel. Then, construc:ion plans and a pla: sha',l
be submitted and approved. :
The owner may be able to make adiustment :o the tract boundaries,
road alignment and other site improvements. Determination of
whether the changes are substantial, or insubstantial, and the review
process to be followed shall be in accordance with the zoning
regulations and/or subdivision rec~uladons.
J/ N 2, 1997
C. Permitted development is indicated on the foI:o.,.zlng table.
USE
Gas stations
Restaurants.
General retail
Motel/Hotel
Office
Multi-family
Residential
Access Road
MA×. MAXIMUM :
SITE SQ. FT. OF PAR:<It,;G MAX.
_ACRES_ FLOOR AiREA SPACE~ RQ)0M$
3.2 Not aPpticabte Per Z.O.
5.0 18,000 Per Z.O.
7.1 118,C00 Per Z.O.
7.0 Not applicable Per Z.O. 150
3.5 60,CC'0 Per Z.O.
14~ Not applicable Per Z.O.
2.855
MAX.
D',~,'ELLI:;G
TOTAL
39.9 (project)
2.855 (access road)
42.755
Access to the project is to be from a road to be ccnstructed northerly from
Immokalee Road, a!ong lhe east boundary of the Hor:hbrookePIazaslte. This
road is to be incorporated in the Subdivision Master Flan which is subrr..itted for
the Northbrooke Plaza project, and is to be dedicated to the public.
RE~,ATE~ PR~)j~'¢T P~,AN APPROVAL
Prior to t~e recording of a Record Plat, for all or par( of the PUD, final
plans of all required improvements shall receive ~pproval of the
appropriate Collier County f;overnmental agency to insure compliance
with the PUD Master Plan, the County Subdivision ReGulations and the
platting laws of the State of Florida.
Attachment '1', the PUD Master Plan, constitutes the required PUO
DevelopmentPIan. Subsequent to or concurrent with PUD approval, a
Subdivision Master Plan shall be submltte~ for the entire area covered by
the PUD Master Plan. All division of pro~er~yand the developmen~ of
the lard shall be in compliance with the Subdivision ReGulations,
JAN 2 1 1997
The provisions of Seclion 10.5 of the Zoning Ordinance s.-.a,I as;'.',, ~:
the development of all platted tracts, or ~arcels of land as ~,ra,.,ided ,n
said Section 10.5 prior to the issuance of a building perm.:: o~ o:net
development order.
D. The developer of any platted tract or parcel a3proved for s;ngle faro, tlr
residential development shall be requ;red to submit and receive approval
of a Subdivision Master Plan in conformance with rec'jirements
established by _Arllcle I~, ~ectiqn~, of the Subdivision Re;ulations, or
any subsequent amendment relating thereto prior to the submittal cf
. construction.plans and prat for any portion of the tract or ~arcet.
E. Appropriate instruments will be provided at Ihe time of infres:ruc:ural
mmprovements regarding ~n.f dedications ~nd method for ~rovid~ng
perpetual maintenance of common facUities.
[,NTE~NAL PROJECT ~TREET~ T0 EE PRIVAT~
All platted streets within the project sha~l be private and shall be the COmmon
prope~y of lhe project landowners.
2.6,
'JAN 2 1 1997
3.A.1.
3.A.2
SECTION III
PROJECT DEVELOPMENT REGULATIO,~JS
TRACT A
PURPO,~.~. ~
The purpose of this Section is to set forth the deveIopment regu!ations
applicable to Tract A o~' the Northbrooke Plaza proiect. (Refer to PUD
Master Plan]."
USES P ERMIT-r~
No building or structure, or part, thereof, shall be erected, altered Or used,
or land used, in whole or pan, for other than the folio;ring:
A. Principal Uses:
Automobile service stations. Vehicle c!eaning, servlce and
repair facilities are permitted, except for repair facilities
involving engine removal, body repair, or painting
2. Hotels/motels
3. Offices
4. Financial institutions
5. Medical offices, laboratories, clinics, health improvement
faciIities, nursing homes, hospitals
6. Restaurants (conventional, fas~ turr, ov.~r, and/or fast food);
cocktail lounges; night clubs
7. Drive.in facilities for I;ermitted uses
8. Food stores, drugstores, retail stores. ~ersor~'al service uses.
supermarkets, movie theaters, and associated uses which are
characteristically located in shopping cen:ers
9. Automobile dealerships, which may include service and repair
facilities
10,. Commercial and non-commercial recreational uses and facilities
1 1. Civic, cultural, religious, and publlc service us'es and facilities
AG E N2A~T F~'N
JAN 2 1 1997
P~. ~
1 2. Shopping can:ers
13. Any o~her commercial use or ~rofessional Service
comparable in nature v./ith the foreso~ng uses and 'z~mC:~ the
Planning Services Manager Ce~erm,nes to be com.,;a:,.t, le with
and appropriate for inclusion Jn the mix at Trac: A Derr-r,,::ed
princJpa[ uses.
Accessory Uses:
1. ACce. sSOry uses and structures 'z,hich are C~s:cr.-..aril,
associated w;:h the perm~ted uses.
Project sa[es ~nd administration offices ~nd faci~i;/es.
Signs as permitted by the CollJet Coun:y Sign
effect at ~he
A. /',,l/nimum Yards:
1. Front: 15'
Side: none, ct a minimum of five [5) feet with
Passage from frcnt yard to rear yarc'.
Rear: 25'
Lakefront: 0'
Any yard abutting a,q exterior bmJndary of the
25°°
6. Distance bep,'zeen s~ructures on th~ same si:e: One ~, the
sum of the bu~l~ng heights. ,. ,
Maximum Hotel/Motel Dens [y.
26 units per acre.
M/n/mum Hotel/Mo~el Uni[ Size;
300 square feet.
JAN 2 1 1997
D. Maximum Building Height:
a~uthoThree stori~s above ground level parking. Ta'.Ier buildings ma'/ be
dze'~d'at the Site Development Plan approval stage, provided the:
in no event shall building height exceed~~Prior to
authorizing a taller building, determina;ion'-sh~all-be-made b'! the
County that the nature of the use to which the building is TO be
devoted warrants the additional hei.ght, and that the taller building
will noZ depreciate the intended character and c;uatity of the overall
project or of nearby land uses.
E. Merchandise Storage and Display:
There shall be no outside s~orage or displa,! o; merchandise.
F. Utilities:
Electrical, telephone and television service lines shall be placed
underground. Pad mounted transformers ando;her components of
underground ser,,ice systems which are normally located above
ground shall be placed and screened so as to be minimize their
visibili,'y from a s:reet right-of-way or an adjoining propers'!.
G. Offstree't parking required:
Ho
As de:ermined by the Collier Count'! Zoning Or¢inance in effec~ e:
the time of Site Development Plan a~;~licafion.
Signs:
As permitted by the CoIlier County Sign Ordinance in effe¢: a: the
time of sign permit application.
10
AGEN~DA ~T £H ,,.
,.IAN
pB.
SECTIOn1 III
PROJECT DEVELOPMENT REGULATIONS
TRACT B
3.8.2·
PURPOS~
The purpose of this Section is to set forth the development regulations
applicable to Tract B of the Northbrooke Plaza project. (Refer to Pug
Master Plan].
I,)S ES P~RMITTEC)
No building or structure, or pa~ thereof, shall be erected, altered or used,
or land used, in whole or pa~, for other than the foI~owing:
A. Principal Uses
1. Offices
2. Financial institutions
· 3. Medical offices, laboratories, c:inics, health imprcv:.men:
facilities, nursing homes, hospitals
Restaurants (sit down/table service on:,/. 1';o drive-in or takeout
counter service); cocktail lounges
5. Veterinary clinics. No outside runs. Ail animal pens to be
indoors, air conditioned
6. Funeral homes
9.
10.
Food stores, drugstores, retail stores, personal service uses.
supermarkets, movie theaters, and associated uses which are
characteristically located in shopping centers
Co~nmercial and non-commercial recreaticnal U'~es and faci[ities
Civic, cultural, religious, and public service uses and facilities
Shopping centers
11.
Any other commercial use or professional service which is
comparable in nature with the foregoing uses and which the
Planning Services Manager determines to be compatible with
and appropriate for inclusion in the mix of T~act B permitted
principal uses.
11 ·
.o.
JAN 2 1 1997
Accessory Uses
1. Accessory uses and structures which are C';S:O,-r, ariiy
associated with the permit;ed uses.
2. 'Prelect sales and adminis~ra;ion offices and facilities.
3. Signs as permitted by the Collier Coun~'t Sign OrCina;,ce in
elfect at the time of sign permit ap, plicat[on.
3.B.3.
DEVELOPMENTSTANDARg$
A'. Minimum Yards:
1. Front: 15'
2. Side: none, or a minimum of five (5) ' o
,e.t wi~h ur, obstructed
passage from front yard to rear yard.
3. Rear: 25'
4. Any yard abutting an exterior boundary of the 39.9 acre trac;:
:25'.
5. Dis;once between structures on the same site: one half the
sum of the building heights.
B. Maximum Building Height,:
~'T"~ree szo~ove g~ound level parking· Taller buildings may be
~ au'th'~e Site Development Plan approval stac.:e, provlded ;hat`
in no event shall buiIding height~--~-~f~'-t"n storie-'~b-s. Prior to
' authorizing a taller building, de~eTmh~da~hat~e by ~he
County that the nature of ~he use to which the building is to be
devoted warrants the ~dditional height, and ~hat the taller bui:d;ng
will not depreciate the intended character ~r,d quali~y of ~he overall
projec~ or of nearby land uses.
~ C. Merchandise Storage and Display: .~
There shall be no outside s:orage or display of merchandise.
Utilities:
Electrical, telephone and television service lines shall be placed
underground. Pad mounted transformers and other components of
underground service systems which are normally located above
12
JAN 2 1 1997
ground shall be placed and screened 50 as
from a s~re*.t ri§hr-of-way or an adjoining DrO:erty.
Offstreet pall<lng required:
As determined by the Collier Count,/Zoning Ordinance
Site Development Plan a~plication.
Signs: ..
As petrol:ted by the Collier Count,/ Sign Ordinance in ef:ec: at the
time of.sign permit application.
13.
JAN 2 1 1997
3.C.1.
3.C.2.
SECTIO~ III
PROJECT DEVELOPMENT REGULATIO,~;S
TRACT C
PURPOSE
The purpose of this section is to set forth the development regulations
applicable to Tract C of the Northbrooke Plaza Proiect. (Refer to PUD
Master Plan)."
USES P~RMITT~I~
No building or structure, or pa~ thereof, shall be erected, altered cr used.
or land used, in whole or part far other than the foI~o.wing:
A. Principal Uses:
1. Single and/or multiple family residences
Housing facilities for the elderly and infirm, inctudir~g medical
and other support facilities and services incidental to the
operation of the praject on behalf of project residents
Family care facilitles, group care facili:ies (Category I), care
units (not including uses found in grou~) care facilities, Ca;egory
II), nursing homes (subject to Section 8.53 of the Collier Count.,,,
Zoning Ordinance)
4. Civic, cultural, religious, and public service uses and faci[hies
5.. Social, recreational, and related uses whose primary pur;,ose is
to serve the residents of Tract C
Acce~ory Uses: :
1. · Accessory uses and structures which are
associated with the permitted uses.
customarily
2. Project sales and administration offices and facilities.
3. Signs as permitted by the CoItler County Sign Ordinance in
. effect at the time of sign permit application.
14
3.C.3.
DEVEt, O P,MEiIT
A. Minimum Yards:
1. Front: 25'.
2. Side: 10' or half the building height, whichever is greater.
3. Rear: 25'.
4. Any yard abu;~in_c an exterior boundary of the 39.9 acre tract:
Distance between structures on the same site: one half
sum of ~he building heights.
B. Maximum Building Height:
stories ;~bove oround level parking, Taller buildings may I~e
~utho~he Site~Development Plan approval stage, provided that
in no event shall buiIding height~exceed ~, Frier to
authorizing a taller building, determination ~e b'! the
· County that the nature of the use to which the buiYding is to be
devoted warrants the additional height, and that the tal'.er bui!ding
will not depreciate the intended character and Cuality of the overall
project or of nearby Iand uses.
C. Maximum Residential Density: <
~ e units per gross tract a=:e. IGO,\ ,, .~ T~ e.
D. Utilities:
Electrical, telephone and television service lines shall ~e
underground. Pad moun:ed transformers end othercom~or, en:s
underground service sys:ems which are normally located
ground shall be placed end screened so as to be minimize their
visibility from a street risht-of-way or an adjoZning groper:,/.
E. Offstreet parking required:
As determined by the Collier County Zoning Ordinance a~ the ~,me o~
Site Development Plan
Signs:
As permit[ed by the Collier County Sign Ordinance in eltect at [he
time of sign permit application.
15
JAN 2 1 1997
4,1,
4,2,
4,3.
SECTION IV
DEVELOPMEr. JT COM;41TME,,~JTS
The purpose of this section is to set forth the
the Northbrooke Plaza PUD project, de',elopmen~ com....-..:m.e.~:s for
All facilities shall be constructed in strict accordance With Fina "Site
Development Plans, Final Subdivision Plans and all apPlicable State and lOCal
laws, Codes, and regulations applicable t'o this PUD. Except where specifically
noted or'stated otherwise, the standards and specifications of the officj,al
County Zoning Ordinance and Subdivision Regulations in effect at the time of
Site Development Plan/Subdivls~on Master Plan apPrOvalCs) shall apply to this
project even if the land within the PUD is not to be Platted. The deve!oper, his
successor and assigns shall be responsible for the commitments outllr, ed in this
document.
The developer, his successor or assignee agrees to follow the Mas:er P~an and
the regulations of the PUD as adopted and any other conditions or
modifications as may be agreed to in the rezonlng of the property. In addition,
the developer agrees to convey to any successor.or assignee in title any
commitments within this agreement.
A. The PUD Master Plan known as Attachment '1', v,;hich is by reference
made a par~ of this PUD document, indicates a division of the pro;e.q,~ into
three land use tracts. The fo/lowing table provides overview information
on each of the tracts.
PERMITTED
· A Gas s:a:ion ~
" .. ]8.2 45.6
Restaurants
Hotels/;,lo~els
,r~es~auran~$
General ~q etall
Offices
Reslden:J'al
39.9 I00.0
' See Sect/on Ill of the PUD dOCUment for more
information re~ardlnG P. ermiT[ed Uses.
Nolo: Acr~a~e[otaldoesnozinclude ~.855 3C~eacc~ss roa'd.
16
B. Ail'necessary easements, dedicalions, or other instruments shall be cranted
tO insure the continued operation and maintenance of aH service u:ili,'ies
and all common areas in the project.
SCHEDULE OF OEVEI~OPM~NT
The PUD applicant will not be the er. cl user o[ the improved sites t.o be
established in Northbrooke Plaza. and a definitive developmen; schedul~
be established a~ this time. Based on the ex~cted rate of development ln the
~eneral area of the Northbrooke Plaza project, it is estimated that ~rojec~
development will be initiated in 1992, and that development of the ir. dividual
sites within the project wltl be concluded by the year 2000.
~RANSPORTATION
A, The developer shall provide fe~ and right turn lanes on Immoka~ee Rcad
the project entrance. I~ the existing median o2ening is scheduled ;o ba
closed in the near future the le~ turn requiremen; may be waived. The
median opening is planned to be closed upon the four laning of Immo~a;e~
Road from 1-75 to CR 951. Since access tothe p~rcelmay be limited
the future to right-turn in/right-turn out via CR 846, devetopmen:
the parcel shall be phased so as not to generate/a~ract more traffic 'than
the ~apacity of the entrance road and/or entrance access from CR 846.
Development bevond the cagaciw of the single access via CR 846 sha:l be
subject to available access via the no~hern extension of Oaks Boulevard
between CR 846 and Bonita Beach Road. En:ranc~roadaccessca~acZtV
is to be increased in stages, as follows:
A road to provide access to the No~hbro~e prcper~t and gro~erties to the
no~h will be constructed with its intersection with Immokalee Road located
at the extreme east edge of the No~hbrooke groperty so as
the:distance from the 1-75 ramps. :This will be a full intersec:ion
median opening, but uns[gnaHzed in Stage 1. Iris assumed that Immokalea
Road will be four-laned, as now programmed. Two lanes will
construc:ed on the north approach, one for lef: tur~,;ng traffic and one for
right turning traffic.
The capaclW analysis showed th~: the cri:~c8l movement ~'~ill be righ~ turns
out of the Northbrooke road. To keep this volume Iow enough to avoid
exceeding LOS D, the estimated maximum two-way volume on the north
leg is 8,100 vehicles ADT. This estimate assumes tha~ the bulk o~ the
Northbrooke road traffic is commercial and heavily oriented ~o 1.75; with
less orientation to 1-75, the maximum volume on the Nor~hbrooke ro~d
could increase whhou~ exceeding standard.capaciw.
17
JAN 2 1 ~997
This estimate also assumes that Hor:hbrooke trafhc uses all gaps now
available .during the peak hour flo','v of traffic on Immokalee Road. If a
signal were to be installed at Oaks Boulevard to the east, then additio:'.al
gaps, due to platooning of vehicles from the east, will occur a: the
Northbrooke road, and the estimated maximum two-way volume on ;:'.e
north leg of Northbrooke would increase from 8,100 to about 10,1GO
vehicles ADT.
Sta~e 2.'_
The Northbrooke road intersection with lmmokatee Road would be
signalized with optimum phasing and timing, lnltielly, this would ope:ate
without dual turn lanes; ultimately, if the Oaks Bou!evard extension
3) is delayed, then dual turn lanes may be required. With signalization, the
estimated maximum two-way volume on the north leg to maintain LOS D
is 17,100 vehicles ADT. This assumes an east-west split of Northbrooke
road peak hour traffic similar to that which now occurs at the Oaks
8oulevard-lmmokalee Road intersection (per peak hour turning movement
counts made on March 19, 1991). Other capacity increases might be
feasible if this road were to serve as the primary access to properties no~h
for an extended period of time.
Oaks Boulevard is extended to the north, a lateral service road connection
is made to provide access to Northbrooke Plaza, and the Nor~hbrooke road
intersection with Immokalee Road is conve~ed to an unsignalized entrance
allowing right turns in and out only, with the median opening closed to
prohibit left turns in or out of r';orthbrcoke Plaza. The Oaks Boulevard
intersection would be signalized with optimum phasing and timing. Dual
turn lanes would be required on the north and wes: approaches to provide
adequate capacity. The estimated maximum two-way volume on the north
leg :of the extension of Oaks Boulevard, to main:aln LOS D. could be as
great as 25,000 vehicles ADT if Oaks Boulevard were a four lane road, at
least through the intersection and its approaches.
It should be noted that these es;imated maximum 'volumes are considered
reasonable,, and are based on assumptions which are considered
reasonable. However, as volumes increase, traffic origin'earing studies of
the actual conditions will be necessary to determine just when LOS O
service volumes will be reached in each Stage. Monitoring of volumes
shall be conducted as a part of the required annual PUD monitoring. When
the daily volumes indicated above are reached in each Stage, the detaited
studies of actual capacity performance are to be triggered.
The developer shall provide a fair share contribution toward the capital cost
of a traffic signal at any future major access that serves the project via a
frontage road and/or Oaks Boulevard, when the signal system is deemed
18
JAN 2 1 l g7
warranted by the County. The signal ',-411 be o','.'n0d, o~e:r~:9danc
maintained by ColIier County. Also, the developer shallpart,c:~a:=, in the
COSt of extending Oaks Boulevard north of CR 846 and roac connections
thereto in accordance with the applicable benefit of Such acces~ in ~erms
of roadway capacity.
C. The developer shatl provide arced;at level street I;gh~;ng ~t ,..9 project
e~trance.
D. The ~Oad impact fee shall be as set ~o~h in Ordinance 85-55, ~s amended',
~nd shall be paid at the t~me building permits are issued un,ess other'.vise
approved by ~he Board o~ County Commissioners.
E. Access improvements shah not be subject to impact rea credits ~n~ Shall
be in place before ~ny ce~JfJcates of occupancy are issue~.
F. All traffic control devices used shall the ~
conform with
as required by Cha~ter 316.0747 Florida Statutes.
G. Induced gro','~h has the Potential of creating capacity de'icon,'-
adjacent roads; the a~plicant is advised that future land ~eve~o~ment
activities in the area may be subject to specific controls Should road
service level standards not be met.
H. The construct[an of the road along the eastern ~roperty line may preCede
the submission of the Subdivision Mas:er Plan~s) ~SMP(s]) far the
NOnhbraoke Plaza PUD, but shall precede preliminary acceptance of ~ny
internal improvements to the No~hbrooke Plaza PUD.
' A. A copy of SOu~h Flor/da Wa:er Management Dis:ric~ Permit or ~rly
Permit is required prior ~o construct[on pian
~. The runoff generated by the proposed right.of.way on'the oas: ~;o~er~y
side shall be incorporated with the mas~er w~:er managemen~ system.
C. If the detailed water management system to be submitted at (he ~ime of
Subdivision Master Plan petition differs cons;derably from the Conceptual
system, the project will be taken back to the Water Management Adv;sory
Board prior to approval. Otherwise, itmaybea~provedaeminis:r~ivey
D. A right-of-way permit from the Big Cypress Basin to allow d~scharOe in~o
the Cocoha~chee Canal shall be prOvided ~rior ~o cons:ruc::n:~
approval.
19 .
JAN B 1 1997
A fifteen foot (15') maintenance easement along the Cocohatchee Canal
adiacent to the west and south property lines shall be dedicated to the Fig
Cypress Basin for maintenance. Final exact locations (beginning and
ending locations) shall be established on the final recorded plat.
Prior to approval Of the South Florida Water ManaGement Permit, ar',d the
project's Construction documents and final plat, determination shall be
made that stormwater discharged from the developed proiect does not
exceed the amount discharged from the project site prior to development.
In the event that the Cocohatchee Canal adjacent the property is unable to
accommodate stormwater discharge from the project, it will be necessary
~hat the project be designed for zero stormwater discharge undl ,t. uch time
as improvements have been made to the Cocohatchee Canal which ;ermlt
project discharge to be authorized.
UTILITIES.
This project shall be designed for central water and sewer systems.
It is anticipated that the County Utilities Division will ultimately supply
potable water to meet the consumptive demand and/or receive and treat
the Sewage generated by this proiect. Should the County system r. ct be
in a position to supply potable water to the pro~ect and/or receive the
project's wastewater at the time development commences, the Deve!oper,
at his expense will install and operate interim water supply and on-site
treatment facilities and/or interim on-site sewage treatment and dls;,osal
facilities adequate to meet all requirements of the appropriate regulatory
agencies, if an existing private utility will be utilized to prov[de service to
the project such service shall be regarded as interim, with the proiect
connecting to County owned facilities when they become available. An
agreement shall be entered into between the County and the Developer,
binding on the 'interim purveyor and the Developer, his assigns or
successors regarding any interim treatment facilities to be utilized. The
agreement must be legally sufficient to the County, prior to the approval
of construction documents for the project, and be in conformance wi:h the
requirements o~f Collier County Ordinance Ho. 88-76, as amended.
The on-site water distribution system to serve 'the droject must be
designed with the following features incorporated into the distribution
.system:
1. Dead-end mains shall be eliminated by looping the internal picellne
network or by providing a fire hydrant at the end of the cul-de-sac.
2. Stubs for future system interconnectio~ with adjacent properties shall
be provided to the east and the north property lines of the project, at
locations to be mutually agreed to by the County and the Developer
during the design phase of the project.
AGENDA LTEM . '~
JAN 2 1 tG97
4.8,
Prior to approval of construction docurr,.ent.~ by :,",e
must present verification pursuant to Chapter
the F~orida Public Service Commission h~ ~ran:ed
Developer to Dray/de se,,.~er and/ct water :err,ce to
Count,/can provide these se~ices through i~s '.'~ate~ and :e'.'.'er fac;ht,e~.
Water distribution, se,,'~age collection and transmission and in:erin 'l-to:er
and/or se,../age treatment fEcili:ies to serve the prat, eot are to be designe~,
constructed, conveyed, owned and maln:ained in E¢corPance ','~ith Collier
County Ordinance No. 88-76, as amended, and o?,er ~-': ~'.
rules and reggJatlons.
All customers connecting to the '.'later disiribut~on end se','.,age ccJ',ection
facilities to be constructed will be customers of the County and ;.~ill be
bilIed by the County in accordance with the Cour, t't's es:a~Hs.",e~ rates.
Should the County not be in a position to ~:c'~iCe '.'.'afar a~d,'c: se'.-~er
service to the project, the ','ia:er and/or .~e...~.r customers sha:~ be
customers of the interim u:ilit't' established to ser/e the proiec: u,~t~I the
Count'y's off-site ~vater and/or se','zer facJiit!es are av, ai!ab~e t~ :er-.~e t,".e
project.
Access into each tract as sho','ln on the mas?.r d_~e,o~....e.,, p!an is
informational only. Location and number is sublec:to SubCi'~isio.'-,:.:as:er
plan or SDP approval.
B. The width of the proposed right-of-way along the eastern s,de of the
project shall be determined at the time of Subdi,.,is!on l'.;aster P:en re,.de..-z
and it will be based on the street type that will he required to provide
access to the surtout, ding deve!opmen:s.
C. Thispro]ectshallberequired:omeeta:ICountyOrCinancesinef:ecta:t~e
time final construction documents are submit:ed for development ap;torah
O. Detailed paving, grading, site drainage and utiii:,t ;:ar, s shah be submitted
to Project Revie.,,/ Services for re,/ie:.~, i';o cons:r'.'c:icn permits s.",a;l be
issued unless and until apt, royal of the proposed "Tconstructicn in
accordance with the submitted plans is granted by Proiect Revie...l
Services.
Work within Collier County right-of-way shall meet the requlremen:s of
Collier County Right-of-Way Ordinance b;o. 82-91.
An Excavation Permit ~'lill be required 'for the proposed lake(s) in
accordance with Collier Count'/ Ordinance I~Jo. 83-26 and South Florida
Water Management District rules. Lakes shall rr,.eet rain,mum setback
requirements as required by Ordinance I';o. 88-26.
21 ·
' JAN'2 1 1997
4.9. ENVIRONtvI~NTA I.
4.11.
4.12.
A protected species survey, specifically for gc;.",er tortoises
O01vohemusl, shall be conducted in accordance with the requkemen:s of
the Florida Game and Fresh Water Fish Commission within six (61 man:ns
or less of Site Development Plan (SOP) or Subdivision Master Plan [SMP]
submittal. :
Wetlands shah be flagged by the dev~eper, to include Collier Count7
jurisdictional lines, and shall be field verified by Collier County Projec~
Review Services Environmental Staff prior to and as pa~ of the Site
Development Plan/Subdivislon Master Plan ~roval. Said ~;;roved
wedand bounda~ shall be indicated on the SMP and final site deve~o~m, ent
plan/construction plan.
All proposed mitigation for impacts to Collier Countyjurisdictional wetrands
shall comply with the ratios and requirements of A;pendix 7 of the South
Florida Water Management District rules. Mitigation areas shall be
surveyed prior to final (site development plan/construction plan) approval
and designated as a conservation easement and/or tract with protective
covenants pursuant to Florida Statutes, Chapter 704.06.
An exotic removal, monitoring, and maintenance (exotic-free} ptan for the
site shall be ~ubmit'ted to Project Review Services Environmental Staff for
review and approval prior to final site developmen: plan/construc:ian plan
approval.
E. The developer shall be subject to all environmental ordinances in effect at
the time of Site Development Plan/Subdivision M~ster Plan ap2rovals.
F. The 0.49 acre wetland area located in the southeast corner of the site shall
be mitigated to comply with the ratios and requ[re.ments of Appendix 7 of
the South Florida Water Management District rdles.
ACCESSORY
Accessory structures must be constructed s[mu[taneous:.t with or fcHo'..~ing the
construction of;the principal structure.
SIGNS
All signs shall be in accordance with the Collier County Sign Ordinance in effect
at the time of building permit application.
LANDSCAPING FOR OFF-~;TnEI~T PARKING AREA~
All landscapir;,g for off-street parking areas shall be in accordance with the
Collier County Zoning Ordinance in effect at the time of construction plans
application. :
22.
'JAN 2 1 199T
I.,X:Itl II~E :;IT:I.H,',.RY
Ar;lIE:;
-A lB.2*
B 7.fi
ACC~5g RD, I~/~ 2,1~55
TOT~ 42.75~
~K~ 6.0
* Includes a p(,rrto, of the )a~c. -~--
I
.-~.
Revised 6-27-91
L-~I~II.I~ IlOl[. I~'OIIH:S & ASSOCIAICS
17/90 .
I'I()I('I'IIIIIHIHK V. I"I.^ZA '
I'.1I.I1. Ih~,:;'l'l':lI I]I",~II'~I.I)I'HI:.NTI*I.A.'I
IIII. 1112 ' I J
.' 3'~,N ~, '~ ~97 I '
EXECUTIVE SUMMARY
STAFF REVIEW AND RECOMMENDATIONS RELATIVE TO ORDINANCE 91-55, AS
AMENDED, ALSO KNOWN AS TIIE SADDLEBROOK VILLAGE PUD, WIIICIt,
ACCORDING TO THE REQUIRED PUD STATUS REPORT SUBMITTED BY TItE
PROPERTY OWNER/AGENT, ttAS NOT COMMENCED CONSTRUCTION, AS
DEFINED IN SECTION 2.7.3.4 OF THE COLLIER COUNTY LAND DEVELOPMENT
CODE, RESULTING IN SEVERAL POSSIBLE COURSES OF ACTION FOR TIlE
BOARD OF COUNTY COMMISSIONERS TO CONSIDER .
OBJECTIVE:
StatTis requesting that the Board review staffs findings and recommendations regarding the above
referenced PUD.
CONSIDERATIONS:
This PUD was originally approved on June 25, 1991. Section 2.7.3.4 of the Collier County Land
Development Code requires that the project developer submit an annual report on the progress of
development, commencing on the fifth anniversary of the PUD approval by the Board of County
Commissioners. The singular purpose of this report is to evaluate whether or not the project has
commenced in earnest in accordance with the criteria set forth in Section 2.7.3.4. For those PUDs
approved prior to the effective date of adoption of the Land Development Code, the five year
approval period commenced on the adoption date, October 30, 1991. Therefore, the conditions set
forth in Section 2.7.3.4. are applicable as of October 30, 1996.
The above referenced PUD has been i)entified as a project which was approved prior to October
30, 1991 and which has not commenced construction as defined in Section 2.7.3.4. Staff has
utilized the required PUD status (monitoring) report, supplemented by field observation and review
of in house records to verify the current status of the PUD and as the basis ora recommendation to
the Board consistent with the options provided in Section 2.7.3.4 (I) & (2). Section 2.7.3.4 reads
as follows:
2.7.3.4.
77me limits for a£proved PUD master plans. In the event that a PUD master
plan is given approval, and the landowner(s) shall:
Fail to obtain approval for improvement plans or a de~'elopment order for all
infrastructure improvements to include utilities, roads and similar improvements
required b), the approved PUD master plan or other de~'elopment orders for at
least 15 percent of the gross land area of the PUD site tn,ery five years of the date
of approval by the Board of County Commissioners; and
-1-
JAN 2 1 g97
P~o /
Fail to receive final local de~.elopment orders for at least 15 percent of the total
number of approved dwelling units in the PUD, or in the case of PUDs
consisting of nonresidential uses, 30 percent of the total approved gross leasable
floor area within the PUD e~'ery .,ix )'ear., of the date of approval by the Board of
CounO, Commissioners.
The project de~'eloper shall submit to the DeYelopment Sen'ices Director a status
report on the progress of development annually commencing on the fifth
anniversary date of the PUl) approval b)' the Board of CounO' Commissioners.
The singular purpose of the report will be to evaluate whether or not the project
has commenced in earnest in accordance with the criteria set fokth abov~
Should the Development Ser~'ices Director determine that the de~'elopment has
commenced in earnest, then the land shall retain its ex'istlng PUD approval and
shall not be subject to additional review and consideration of new de~'elopment
standards or use modification.
Should the Development Services Director determine that the development has
not commenced in earnest, then upon review and consideration of the report
provided bi' the owner and arty supplemental information that ma)' be provided,
the Board of County Commissioners shall elect one of the following:
To ertend tire current PUD approval for a maximum period of m'o years; at the
end of which time, the owner will again submit to the procedure as defined
herein.
Require the owner to submit an amended PUD in which the unimproved portions
of the original PUD shall be consistent with the Growth Management Plan. Tire
existing PUD shall remain in effect until subsequent action by the Board of the
submitted amendment of the PUD.
If the owner fails to submit an amended PUD within sir months of Board action
to require such an amended submittal, then the Board nra)' initiate proceedings
to rezone the unimproved portions of the original PUD to an appropriate zoning
classification consistent with the Future Land Use Element of the Growth
Management Plan.
In the case of developments of regional impact, time limit restrictions shall be
superseded by the phasing plan and/or time limits contained within the
application for development approval and approved as part of a development
order in conformance with F.S. ~ 380.06.
-2-
JAN 2, 1 ~997
Synopsis of Approved Land Uses: This PUD was approved for 438 multiple family residential
dwelling units. The PUD contains 33.79 acres consisting of residential/preservation/open space
areas. The gross density for the PUD is thirteen (13) dwelling units per acre. The maximum density
authorized by the density rating system as it applies to the subject property is seven (7) dwelling
units per acre, attributable to a base density of four (4) dwelling units per acre plus three (3)
dwelling units per acre because the land is situated within a density bonus band. Additionally, an
Affordable Housing Density Bonus agreement ,,,,'as approved concurrent with the PUD approval for
six (6) dwelling units per acre for a total authorized density of thirteen (13) dwelling units per acre.
The pLrD Master Plan distinguishes between development and non-development tracts with one
access connection to Davis Boulevard. Approximately Thirty-nine (39) percent of the site is set
aside as preserve areas or other special purpose open space areas.
Consistency with Comprehensive Growth M'anagement Plan: The subject PUD is designated
Urban-Mixed Use - Urban Residential on the Future Land Use Element ofthe GMP. Based on staff
review of the approved land uses, the PUD has been determined to be consistent with the Collier
County Growth Management Plan. The PUD is deemed consistent with the following GMP
Elements (FLUE, Traffic Circulation Element, Open Space/Natural resource Element, Other).]
Consistencv with the Colller Countv Land Development Code : The PUD has been distributed
to the appropriate jurisdiction review entities specifically for review of the PUD for consistency
with current land development regulations. Based on that review, the following consistency
relationships have been identified:
Transportation' (Traffic impacts, access management, etc.)
No inconsistencies were reported however, staff advises that certain references should be changed
to reflect current administrative regulation if the PUD is to be amended.
Landscape: (Buffers/Green Space)
No inconsistencies reported.
provisions of the LDC applies.
PUD.
The PUD provides that in the absence of specific regulation the
In this case the provisions of Div. 2.4 Landscaping applies to this
Environmental: (Protected species, green/open space)
No inconsistencies were reported, however staff advises that in the event of an amendment
references to environmental regulations should be changed to current references. The current PUD
advises that the then free standing ordinances applied. These have now been consolidated into the
LDC, however they still apply to this PUD.
Engineering/Site Development: (Sewer/water, drainage issues)
No inconsistencies were reported however, staff advises that in the event of an
development commitments should be changed to reflect current code references.
-3-
amendment certain
AGEN
Pg.~.
St~ffComments:
Additional development permitting steps have been taken relative to this land. Specifically a
Preliminary Site Development Plan has been approved (SDP-94-004). Wetland determinations
have been made by both the U.S. Army Corps of Engineer's and the South Florida Water
Management Districts. Applications have been made for a surface Water Management Permit
(SFWMD), and Dredge and Fill Permit (U.S.A.C.E.).
Staff is of the opinion that there is insufficient justification to require an owner to submit an
amended PUD simply because the PUD references codes that are now"consolidated into the Land
Development Code, or otherwise have references of administrative import that have been changed
in the most recent LDC change. There references are not made invalid because they changed or are
otherwise placed in a different legislative document. Their closest or most similar relationship to
current references applies in the administration of PUD development commitments. More
importantly, is whether or not there is any absence of development commitments needed to make
the PUD consistent u,'ith today's code requirements. Staff review does not indicate that there are
any inconsistencies or omissions that are now necessary to achieve current Land Development
Code requirements as made applicable to subsequent required development approvals (i.e. Platting
and/or SPD's).
The owner entity of the Saddlebrook Village PUD property has specifically requested a two-year
extension.
FISCAL IblPACT:
A two >'ear extension ofthis PUD Ordinance will have no fiscal impact on Collier County.
STAFF RECOM3IENDATION:
Based on a comprehensive review of this PUD document, staff recommends that the Board of
'~2 )unty Commissioners grant a two year extension of this PUD per the attached resolution.
~EPARE~
F 5~'~A~.]D ~I'NO, AICP DATE
CHIEF PLANNER
REVIEWED BY:
R~ICP
CURRENT PLANNING MANAGER
-4-
DATE
JAN 2 1 1997
DONALD W.'ARNOLD, AI~P --' DATE
PLANNING SERVICES DEPARTMENT DIRECTOR
VINCENT A. CAUTERO, ADMINISTRATOR ~DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
Ordinance 91-55 Ex. Summaq'/pd
-5-
JAN 2 1 lS97
j McANLY ENGINEERING
D DESIGN INC.
ENGINEERING PLANNING
LAND SURVEYING
LANDSCAPE ARCHITECTURE
Jul)' 31, i996
itlrs. Norma Boone, Planning Technician
Planning Services/Current Planning
Collier County Community Development Services Center
2800 North Horseshoe Drive
Naples, Florida 34104
Re: Saddlebrook Village PUD Extension
Dear l',[rs. Boone:
This correspondence is a formal request for a two year PUD extension, as provided for by Section
2.7.3.4 of the Collier County Land Development Code. Attached hereto, is the required PUD
,',Ioniloring Report for 1996, v,'hich ,.,,'as submiued on behalf of the property o`,vner's Trustee, Jim
Colosimo.
Subscquer~t to the PUD's approval in June of 1991, tim 33.8 acre property was sold to the present
property owner, tile 1-75/Exit 1.5 Land Trust, for whom /,,Ir. Colosimo is Trustee. In the Fall of
1993, our firm `,,,'as retained by a contract purchaser to obtain construction authority for the 438
"affordable housing" dv.'elling units approved through the adoption of Ordinance 91-55. Our office
obtained wetland determinations From both tile U.S. Army Corps of Engineers and South Florida
Water Management District, from which, and consistent v,'ith the adopted PUD Master Plan, a
Preliminary Site Development Plan (SDP-94-004) was pursued and approved. Concurrent with this
County process, a Surface Water Management Permit was s,bmitted to SFWMD, arm Dredge and Fill
Permit aPl)lied forv.'iththeU. S. Army Corps of Engineers. Unfortunately, that contract purchaser
for ',vhorn permitting `,,,'as pursue was unable to fulfill their contractual obligations, and the purchase
contract became null and void. Thus, our office was unable to continue supporting those permitting
requests.
Presently, thc Truslee is commilted to obtain construction authority for these much needed alTordab!e
housing units, and therefore, this submission for a t`,vo year zoning extension for tile PUD is requested
tbr approval by tile Board of County Commissioners.
Should you have any questions, or require further information, please do not hesitate to call.
P,.mnlng Direclor
Enclosure
cc: Client
5101 TAMIAMI TRAIL EAST. SUITE 202. NAPLES. FLORIDA 34113
(941) 775-0723 FAX (941) 775-9236
AGEN T ,
JAN 2 1 1997
RESOLUTIO:~ 97-__
A RESOLUTION BY THE BOARD OF CO~TY
COMAMISSIONERS OF COLLIER CO~;TY, FLORIDA,
PURSUANT TO SECTION 2.7.3.4 OF THE COLLIER
COUNTY LA~D DEVELOPMENT CODE AFFECTING
ORDINANCE 91-55 ALSO K~;O~7~ AS SADDLEBROOK
VILLAGE PBX), EXTENDING THE CURRENT PUD
APPROVAL TO OCTOBER 30, 1998; AND PROVIDING
A3~ EFFECTIVE DATE.
WHEREAS, the Saddlebrook Village PUD, Ordinance 91-55 adopted on
June 25, 1991, is subject to the provisions of Section 2.7.3.4., of the
Land Development Code (LDC), Time Limits for Approved PUD Zoning
Districts together with their respective Master Plans; and
~EREAS, the PLX) was adopted consistent with and under the
provisions of the collier County Growth Management Plan; and
~EREAS, the Board of County Cor~issioners has reviewed the PUD
and has determined to extend the current PUD Zoning for two years,
until October 30, 1998; and
~$OW, THEREFORE BE IT RESOLVED, ~y the Board cf Zoning Appeals of
collier County, Florida that:
1. The above recitals are adcpted herein by reference as if
fully set forth herein.
2. This Resolution shall constitute evidence of compliance
with the review requirements of Section 2.7.3.4 of the
LDC.
3. Pursuant to said section of the LDC, the current PUD
approval is hereby extended to October 30, 1998; at the
end of which time the owner shall submit to the
procedures in LDC Section 2.7.3.4.
This Resolution shall become effective immediately upon its
approval.
BE IT FURTHER RESOLVED that this Resolution be recorded in the
minutes of this Board and in the records of the Petition for which the
extension is granted.
-1-
No.
· Pg.
Co~n. issioner
Resolution and moved for its adoption, seconded by Com. n, issioner
., and upon roll call, the vote was:
AYES:
NAYS:
ABSENT A2~D NOT VOTING:
ABSTENTION:
Done this day of
ATTEST:
DWIGHT E. BROCK, CLERK
offered the foregoing
, 1997.
BOARD OF CO~;TY COmmISSIONERS
COLLIER CO~;TY, FLORIDA
BY:
APPROVED AS TO FOP~M A2~D LEGAL SUFFICI-_-::CY:
¥.kRJORIE M. STUDE:¢T
ASSISTAC;T COb2~TY ATTOR~;EY
SADDLEBROOK VILLAGE Pb'D/19072
-2-
JAN 2 1 1997
ORDINANCE 91-. 55
~3; ORDINANCE A-~.ENDING ORDINA~CE NL.~BER
82-2 THE COY. PREHENSIVE ZONING REGULATIONS
FOR THE ~;INCORPOP~T~ ~ OF COLLIER
CO~;TY, F~RIDA BY ~DING THE OFFICIAL
ZONING AT~S F~P ~;~B~ 9634S; BY
CH~;GING THE ZONING ~SSIFICATION OF THE
HEREIN DESCRIBED R~L PROPERTY FROM A-2
TO "P~" P~NED ~4IT D~ELOPMENT ~;OWN
AS SADDLEBROOK VIL~GE PUD FOR AFFORDABLE
HOUSING FOR PROPERTY ~CATED ON ~HE NORTH
SIDE OF THE INTERSE~ION OF ~DIO ROAD
(C.R. 856) ~D DAVIS ~~ (S.R. 84),
LOCATED IN SECTION 34, TO~SHIP 49 SO,H,
P~;GE 26 ~ST, COLLI~ CO~TY, FLORIDA,
CONSISTING OF 33.79~ ACRES; ~D BY
PROVIDING ~; EFFECIIVE DATE. ·
~-HEREAS, Harvey Strauss, P.E., of Alpha Engineering of
Lee County, Inc., representing John D. Jassy, Trustee,
petitioned the Board of County Cc~nissioners to change the
zoning classification of the herein described real property;
]iOW, THEREFORE BE IT Og~AIh~D by the Board of County
CoLnissioners of Collier County, Florida:
SECTION
The Zoning Classification of the herein described real
property located in Section 34, To'.~nship 49 South, Range
East, Collier Ccunty, Florida, is changed fro= A-2 to "PL~"
Planned Unit Development in accordance with the Pb~ Docuzent:
attached hereto as ELhibit "A" ~hich is incorporated herein
and by reference made part hereof. The Official Zoning Atlas
Map Number 9634S, as described in Ordinance Number 82-2, is
hereby amended accordingly.
SECTION TWO:
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
Cot, missioners of Collier County, Florida, thi-. __~?~__/ day of
, 1991.
..'ATTEST: ';'
~ JAMES C.' ~ILE'S, CLERK
'kPPROVED AS~TO FOP~ AND LEGAL SUFFICIENCY
'~ ... ] !'y~':"
MAP~3OP~E 14. STUDEr[T
A$SISTAMT ¢OLRITY ATTORNEY
R-90-36 PUD ORDINA2~CE
nb/4730
BOARD OF COU~;TY CO,"24- ISSIONERS
COLLIER COU~;TY, FLORIDA
:PATRICIA A2;~ E GOODNIG~,
SADDLEBROOK VILLAGE
AN AFFORDABLE HOGSING DEVELOPMENT
.PLANNED UNIT D~LOP.~EN~ DOC__U~N~
~ate Issuedt
Date Revised_i:
Collier County.~lann~.Rg CQ~$--sJ~PP~33-1 Date:
Board o~ County Commissioners n~rova! Da~_.
Ord iD.a_nce Number: 91-55
PREPARED BY:
HARVEY. STRAUSS, P.E.
ALPHA ENGINEERING OF LEE COUNTY, INC.
~665 Cleveland Avenue, Suite 20~
Fort Myers, FL. 33901
(813) 332-4444
LANDSCAPE ARCHITECT:
Native Landscapes
Robert E. Marini, Pr'incipa!
2665 Cleveland Avenue, Suite ~03
Fort Myers, FL. 33901
(813) 33~-1505
Exhibit "A"
TABLE OF CONTENTS
SECTION I, Statement o[ Compliance .............. 1
SECTION II, Property Ownership g General Description ..... 2
2.01 Introduction and Purpose .............. 2
2.02 Name ........................ 3
2.03 Legal Descriptiom ..... ; .... . ....... 3
2.04 Title to Property ................. 3
2.05 General Description ................ 3
SECTION III, Project Develcpm~n~ .............. 4
3.01 Purpose ...................... 4
3.02 General Plan of Develcpment · ........... 4
3.03 Wetlands ...................... 4
3.04 Site Development Plan A?prova] Process ....... 4
3.05 Related Project Development Requirements ...... 4
SECTION IV, Land Use and Regulation · · . ........... 5
4.01 Purpose ...................... 5
4.02 Project Plan and Land Use ............. 5
4.03 Project Density .................. 5
4.04 Sequence and Sckeduling ............... 5
4.05 Recreational Facilitie~ ~n~..Schedule ........ 5
SECTION V, Recreation Area .................. 6
5.01 Purpose ...................... 6
5.02 Permitted Uses and Slructures ........... 6
SECTION VI, Wetlands, Transitional Areas,
Lake(s), and Red Cockaded Woodpecker Flight Path. 7
6.01 Purpose ...................... 7
6.02 Function ..................... 7
6.03 Permitted Uses and Structures ........... g
6.04 Regulations . . .- . ............... 8
SECTION VII, Detached, Clustered Multi-Family ........ 8
7.01 Purpose ...................... 8
: 7.02 Maximum Dwelling Units ............... 8
7.03 Permitted Uses and Structures ........... 9
7.04 Regulations .................... 10
7.05 Additional Requirement ............... 11
SECTION VIII, General Development Commitments ........ 12
8.01 Purpose ...................... 12
8.02 PUD Master Development Plan ............ 12
8.03 Clearing, Grading, Earthwork, and Site Drainage . 12
8.04 Utilities ..................... 13
8.05 Solid Waste Disposal ................. 14
8.06 Recreational Facilities ....... ....... 14
8.07 Traffic Improvements ................ 14
8.08 Streets ...................... 15
8.09 Polling Places ................... 15
8.10 Environmental ............ ' ....... 15
8.11 Water Management and Engineering .......... 16
8.12 Fire Protection ..................
8.13 Open Space .....................
8.1'4 Concurrency Management ............... IR
8.15 A~ordable Houming Agreement ......... - · · · ]8 -
ATTACHMENTS "1" Statement of Unified Control
"2" Agreement Authori:ing Affordable Housing Density
Bonus And Imposing Covenants and Restrictions
On Rea[ Property
"3" Saddlebrook Village Development/Master Plan
"4" Saddlebrook Village D~tails
SECTION I
STATEHENT OF COHPLIANCE
This development of approximately 33.79 'acres of property in
Section 34, Township 49 South, Range 26 East, Collier County,
Florida, as a Planned Unit Development to be known as SADDLESROOK
VILLAGE, an affordable housing development, will comply with the
planning and development objectives of Collier County as set
forth in the Growth Managemen~ Plan (GMP), The residential
aspects of the development, together with the associated
recreational facilities, will be consistent with the growth
policies and land development regulations of the GMP for the
following reasons:
The Planning Services staff has reviewed this request
consistency with the G... and provided the fc!low~ng
analysis:
The subject property is located within the Urban
Residential Designation= ~ indicated in the GMP'S
Future Land Use Element (FLUE) and Future Land Use May.
More specifically, the site is within the Urban-Mixed
Use District which permits a variety of residential
development subject to compliance with specified
criteria. The project is permitted a base density of
four (4) resident!m! dwelling units per gross acre.
Since the site is located within a residential density
band, the project is permitted an additional three (3)
residential dwelling units per gross acre.
Furthermore, since the Developer will construct
affordable housing'units, the project is permitted an
additional six (6) residential dwelling units per gross
acre. Since the site consists of approximately 33.79
acres, the project is permitted a total of~
Furthermore, the Developer plans to construct a total
of 438 units on the subject property. Therefore, the
subject petition is in compliance with the FLUE of the
GHP, Furthermore, the FLUE contains a new provision
for interconnection that is stated as follows:
"If the project fails to interconnect with all existing
projects when physically possible, and fails to provide
interconnection with all future adjacent projects, up
to one {1) dwelling unit per gross acre may b6
subtracted as deemed apppropriate by the BCC.'"
A review of the project with reqards to project
interconnections is stated as follows:
North Property is borderea b? I-Yb r:~nt-ot-ua¥.
Interconnec~xon xs Inappropriate.
W.est Property uill interconnect to PaLm £prlnqs via
Pine Crest Lane (Reference: PUD Development/Master
PLan dated June 24, 1991.)
South - Property viii, interconnect at Davis
Boulevard/Radio Road inters'ection (P.e[erencel PUD
Development/Master Plan dated June 24, 1991.)
~.~.~ - Property uill interconnect from the central
portion of the project to vacant land to the east
(R.~fer.ence.t PUD Development/Master Plan dated June 24,
1991.)
Therefore, staff recommended that a reduction in
density, as provided in the density rating system, is
not warranted for this project.
The Board of County Co~,-~ssicners concurred ~ith the
staff recommendation. '-
SECTION
PROPERTY OWNERSHIP & GENERAL DESCRIPTION
2.0 1 .IN__T_~_RODUCTION AND P_UR__.P_QO.S.~
It is the intent of the owner to establish and develop a Planned
Unit Development for affordable housing on approximately 33.79
acres of property located in Collier County, Florida, on the
north side of the intersection of Radio Road and Davis Boulevard
just south of Interstate 75. It is the purpose of this document
to provide the required detail and data concerning the
development of the property.
The development shall ke knoun as SADDLE~ROOK VILLAGE PUD.
2.03 L~GA~ESCRIPTIO~{
The West 1/2 of the Southeast 1/4 of Section 34, Township 49
South, Range 26 East, Collier County, Florida lying South of
75; less and except the following: t~e South 50 feet for Radio
Road right of way and the East 726.00 feet o[ the West 1/2 of the
Southeast 1/4 of said Section 34.
2.04 TITLE TO
The property is o~ned by John D. Jassy, Trustee. Although this
property is in the name of John D. Jassy, Trustee, he ho!ds this
property personally and there are no other o~ners. A Statement
of Unified Control is attached as Attachment "l". Furthermore,
the attached statement shall be identified as Attachment "1".
2.05 C_E~~,,~CR~PT~:! : ~
The property, is located in Section 34, Township 49 South, Range
26 East, Collier County, Florida. Traveling east on Radio Road,
the southern boundary is located at the most easterly road
connecting Radio Road and Davis Boulevard. From this
corner, the property extends 2,574.84' [l~rth to the north
property line. Going in a Southeasterly direction (S73'-03'-41"E)
a distance o~ 507.31' to a point on the northern property line,
thence a distance of 115.36' to the East property line the
southerly 2388.60' to the south boundary line thence westerly
593.06' to the southwest corner. This parcel contains 33.79a
acres. The Current zoning of this property is A-2-vacant.
Adjacent zoning to the north of the property is PUD and A-2 l;orth
of 1-75; to the east is C4, ~HF-12, RMF-6, and RSF-4: to the
south is C3 across Radio Road: and to the west is C-2 RMF-12,
P~F-6, RSF-4 and RO.
SECTION III
PROJECT D~,'ELOPHENT
The purpose of this section is to generally describe the project
Dian of development and delineate the qeneral cond:tions that
will apply to the entire project.
The general D!an of development of SADDLEBROOK VILLAGE PUD is for
a planned residential, multi-family, affordable housing
co~.munity. This residential co~,munit7 will be comprised of
certain amenities such as swi~.,~ing pool, clubhouse, tennis court
(optional), and pre~erve areas (protected wetlands) for passive
recreational o~p:rtunities.
3.03 WETLANDS t A
The developer recogni:es the importance of the wetland areas.
The developer also recognizes the importance of setting aside and
not developing those areas and other areas which are
envircnmentally sensitive. The developer has utilized the best
engineering, environmental and planning techniques to integrate
the needs of the future residents of the com.munity and the public
interest in planning its careful and limited use of
environmentally sensitive areas This plan offers ample open
space and other amenity areas to [he residents.
3.04 SITE D_7_.OP .... ,~ PLAN APPROVAL PROCESS
Site Development Plan approval, when required, shall follow the
procedures as outlined in Section 10.5 of the Zoning Ordinance in
effect at the time of development.
3.05 RELATED PROJECT
Prior to the recording of a Record Plat, and/or Condominium
Plat for all or part of the PUD, final plans of all required
improvements shall receive approval of the appropriate
Collier County governmental agency to insure compliance with
the PUD Master Plan, the County Subdivimion Regulations, and
the platting laws of the State of Florida.
The development of any tract or parcel approv.d for
residential development contemplatinq fee simple o~nership
of land for each dwellin~ unit shall be required to submit
and receive approval of a Subdivision Master Plan in
conformance with requirements established by Ar.ticle IX,
Section 3, of the Subdivision Regulations, or any subsequent
Co
amendment relating thereto prior to the ~ubmitt~l ¢~
construction plans and pla~ ~or any portion o~ the t~act o:
parcel.
Appropriate instruments will be provided at the time
infrastructural improvements regarding any dedications and
method for providing perpctual maintenance of core. on
facilities.
SECTIOM IV
LA,ND USE ~_ND REGULATION
4.01 PURPOS~
The purpose of this secticn is to set forth the land use and
regulations for development of the property identified cn the
master plan.
4.02 PROJECT PLA:{ AND 5AND USE
The project plan, including ]mhd use, is illustrated on the
Development/Master Plan. Included is a schedule of the intended
land use types ~ith approximate acreages and maximum d~elling
units indicated. Eack parcel planned for development ska!! be
subject to Section 10.5 of the Zoning Ordinance.
4.03 PROJECT
The total acreage of SAD~EBROOK VILLAGE is approximately 33.79
acres. The maximum nu..-%ber of d~elling units to be built cn the
total acreage is 438. Tke n~mber o~ dwelling units per gross
acre is 13. The density on an7 parcel fractions throughou~ the
p--~jec~wii[-vary according to the type of housing employed on
each parcel fraction.
4.04 SEQUENC$ AND SCHEDULING
The developer has not set "stages" for the development of the
property: however, it is estimated that total buildout ~ill take
approximately four years. Each phase will consist of
approximately 110 units totalling four phases. 'The estimate may,
o~ course, change depending upon future economic factors.
4.05 ~ECR~TIONA~ F~C~LTT3__E~__AND SCHEDp~
The following recreational facilities are scheduled to be
constructed for the use of the residents of SADDLEBROOK VZLLAGE.
The schedule for development of the facilities re~ates to the
absorption schedule of the project towards bui]dout.
5
: ..... '. *~ .... .:~:.'.5~--~.~..'.-.'. ~:..~..'{!,,f,.?~: ~:.'.~..?.--':::.'....!. ?* :.-
................ : ... .... .,..., .... :.. -J
· -~ -..-:...: ............. · ........... ~-~.~=-~~~ ' ~"'-,' ' - ---.3...~
'. ..... . ~' ...... ~ :~:'.-~ ~.~.-.,~,..-.,~,-,...~..~,..~.~~S: .
:~-: ': ....... .' .':" .: '.:' 'c :.". ,' .',.'; ,.. ~~~ :~.~--"-~.,,--.--.--.--~...~:-:'"'-'-
A. Clubhouse with swim~inq pool0 ]ounqinq deck and tennis court
(optional) (1.25 acres).
B, Passive recreational uses ol wetland~ and transitional areas
(Preservation 5,40 acres minimum).*
* Subject to receipt of necessary environmental ant other
permits and approvals from applicable governmental agencies.
T.A~L.£.!
LAHD USE TYpE
DWELLING UNITS
SADDLEBROOK VILLAGE
_L.A:{D__.US.E_SC.=.'.EpULE..
This development may contain a mixtur.- of one, t~o, and three b.,.c,m-~- ~
apartments. The total number o~ d~elling units shat1 not exceed 438
units.
Acreage : :
Residential "
Clubhouse, pool, & tennis court (optional)
Sign & Landscaping
Wetlands and transitional Preserve Area
Red Cockaded Woodpecker flight path
Total
SECTION V
20.81 Acres~
1.25 Acres~
0.04 Acres
.3__~. ~. ~cr es ~
33.79 Acres
s.01 ~uRPOSZ
RECREATION ~REA
The purpose of this'section is to set forth regulations for the
areas designated as "Recreation Area" as sho~n on the
Development/Master Plan.
5102 pERMITTeD U~S AND STRUCTUR,~_$.
No building or structure, or part thereo~, may be erected,
altered or used, or land or water used, in whole or in part, for
other than the following:
A. Permitt.~d_._~n~!_U~s and St~uc~pres
1. Clubhouse
2. Swimming Pool
3. Tennis Court
4. Water Management Facilities
5. Earthmining (to be permitted only in conjunction ultn
lake siting).
B, ~.~i. tte~.Acce~ory.IJse~ and Structures
1. Customary uses o[ clubhouse; or other
facilities.
2. Swimmlng pool and other types c~ facilities intended
for recreation.
3. Tennis court intended for recreation.
C. General Requirements
1. Overall site design shall b~e harmonious in terms
landscaping,enclosure of structures, location of access
streets and parking areas and location and treatment of
buffer areas.
2. Recreational buildings shall be located a minimum of
fifty ($0) feet frcm any residential building and a
minimum of twenty five (25) feet from any proper~y
boundary. The area around this recreational area ~ka!I
be landscaped and maiztained to act as a bu..er
3.Lighting facilities shall be arranged in a manner "~ch
will protect roadways and '
nelg,.,~.1,.~ residences from
direct glare or interference.
D. Ma×imum___He__.ight "
Thirty five (35) feet above the finished grade cf the
E. Off-Stregt_%_p__a.[kioq
The off-street parking shall be as required by Collier
County regulations in effect at the time of Site
Plan approval. -' .. pment
F. Landscapinq
Landscaping shall be provided as re~ cm~l~,-
~ations in effect at the time o: Sit.
approval.
SECTION VI
WETLANDS, TRANSITIONAL ~REAS, LAKE(S), AND RED COCKADED WOODPECKER FLIGHT PATH
6.01 ~URP~S~
Purpose of this section is to set forth the function treatment
and use of the wetlands, transition areas, {ake(s), and Red
Cockaded Woodpecker Flight Path as shown on the
Development/Master Plan.
The primary function ~ha]] be the precervation o~ an attractive
resource community, wildlife habitat and sanctuary, retention of
water during rminy ~easoms and a ground recharge ar,a a5 w~l I a~
a water quality improvement ~acility. The area will a[3o provlde
unique recreational opportunilies and an aesthetic experience ~cr
the pleasure of the project residents.
6.03 pERMITTED US~$ A:;Q S%~%qRE~
No building or structure, or part thereof, may be erected,
altered or used, or land or water used', in whole or in part, for
other than the following:
A. Permitte~ ~D.~ika!_U.seA.~.n~_Str.q~tu~es, 1. Nature trails
2. Paths to provide acc:ss from the uplands through the
area
3. Water Management facilities
*Uote: All uses and structures in preserve areas shal! require
further review durin~ the Site Development Plan
approval process by the Environmental staff of Project
Review Services prior toJ~proval.
6.04 REGULATIO~(~
A. General
1. All development including clearing, grading, and/or
other earthwork shall be in accordance with the
ccm,~itments of this document and approved by Project
Review Services.
2. All structurem and other development shall be subject
to receipt o~ necessary permit~ and authorization~ ~rom
applicable County, State and Federal Governmental
agencies.
SECTION VII
DETACHED, CLUSTE.R~D MULTI-FAMILY
7~01 PURPOSE
The purpose of this section is to set forth the regulations for
the multi-family apartment buildings and the immediate areas upon
which the buildings are located.
7.02 MAXIMUM WELL NG U I__~ ~
A maximum of 438 dwelling units, includin~ the manager(s')
unit(s), will be constructed on this site.
7.03 P.E.R.M_I_T_TED__U. SE5 AND..S. TRUCTURE$
.~e_rm_ik~e¢.~rj. nKipal ~s~s. and.Structures
1. Detached multi-family buildings containing a mazimum c~
24 dwelling units (apartments).
2. Water management facilities.
3. Open spaces and related recreational ~acilit:es.
4. Signs as permitted by the Collier County Sign Ordinance
(Reference: Ordinance Number 89-60).
5. Earthmining (to be permitted only in conjunction ~ith
lake siting).
Permitted AeeessoFy
1. Customary accessory uses and structures.
2. Model apartments in c:njunction with promotion of the
development for a per~od not to exceed four years ~rcm
the initial use as models. The maximum number of model
units will be four in each of the two sections. ~o
more than three "Dry Models" may be constructed prior
to recording of a plat for the p~oject if applied for
by the project owner. :Site(s) for the model(s) must
conform to zoning standards'and be located on a future
platted lot. A metes and bounds legal description
shall be provided on the site plan required as part
the buildin~ perm. it issuance. Access shall be provided
to each model ~rom the model serving as a "Sales
Center" or an approved independent "Sales Center".
Access ska!I be for ~edestrian traffic only, no
road will ke allc~ed.
A "Sales Center" ma) be constructed prior to recording
of a plat. The "Sales Center" sha~l be limited to one
structure (one building permit.) It may be serviced by
a temporary utility system (i.e. dry well and septic
tank/drainfield) prior to availability of central
utility systems at which time connection to the central
system will be made. Interim ~ire protection
facilities in accordance with NFPA requirements are
required unless a permanent water system is available
te serve the Center.
R, ziew and approval of the "Sales Center" s~all follcw
the requirements of the Site Development Plan pr=tess
(Zoning Ordinance, Section 10.5). A metes and bounds
legal description shall be provided as part of the
application. Access to the "Sales Center" .shall be
provided by a paved road or temporary driveway which
meets County standards. A water management plan must
be provided which accommodates the runoff from the
"Sales Center", the required parking and access
road/driveway and any other impervious sur[aees. The
system shall be designed to ~it in with the master
water management system for the entire development.
5.
6.
7.
At the time of building permit a;p[ication ~or a
Center" a temporary use permit sha~l be cbta:ned.
"Sales Centers" may not be occupied until a Certificate
of Occupancy is ~ssued.' Models must obtain a
conditional Certificate of Occupancy for mode] purpose=
only. Models may not be occupied until a permanent
Certificate of Occupancy is issued.
Rental management and leasing faci~it{es (~ith~n an
apartment) for the continual rental of the apartments.
The Clubhouse(s) may be used as rental/management
office(s) to be phased out uhen all units are rented.
Manager($') unit(s)/office(s).
Laundry Facilities.
Community Rooms.
7.04 REGULATIONS
Site Plan Design
The overall site plan design shall be harmonious in terms of
landscaping and enclosure of ~ructures, location of access
streets and parking areas and=location and treatment of
buffer areas.
Lighting Facilitie§
Lighting facilities ~ill be arranged in a manner ~hich ~ill
protect roadways and neighboring properties frcm direct
glare or other interference.
Maximum Height
Three (3) stories.
D. Minimum Yard Requirenents (Project)
1. Depth of front yard -.Thirty (30) feet plus cne (1)
foot for each t~o (2) feet o~ building height over
thirty (30) feet.
2. Depth of side yard - Fifteen (15) feet plus one (!)
foot for each t~o (~) feet of building height over
thirty (30) feet.
3. Depth of rear yard - Thirty (30) feet plus one (1) foot
for each t~o (2) feet of building height over thirty
(30) f'eet.
~ote: Yard depths shall be measured from the boundary
perimeters of the project uith the exception of ~ot sides
fronting on roads or driveways. Lot sides fronting on roads
or driveways shall be considered as front yards and the
front yard depths shal! be measured from the buildings to
the edges of the driveway pavements or roadway pavements, a~
applicable.).
E. p~t~DCe ~.~t---~O.-Str.uctur~.% -
Between any two (2) principal structures on the sam* lot -
fifteen (15) ~eet or a distance equal to nne-half (1/2) the
sum of their heights, ~hichever is th$ greater.
750 square feet per unit.
Off-St[~3t Par~i__n.q
The off-street parking shall b'e as required by Collier
County regulations in effect at the time of Site Development
Plan approval.
~/Dd~ca_p_iD~
Landscaping shall be provided as required by Collier County
regulations in effect at the time of Site Development Plan
approval.
~uffer Area
A landscaped buffer shall be provided adjacent to the
project boundary. The design of the buffer shall meet the
standards required by Collier County regulations in effect
at the time of Site Deve~o;ment Plan approval. The buffer
shall incorporate existing vegetation.
~nimum Lot Area Requirement
One (1) Acre.
M~nimum Lot Width
One hundred and fifty (150) feet.
Minimum Yard Requirements {Lot)
(Note: A lot side fronting cn a driveway shall he
considered as a front yard and the front yard de~th shall be
measured from the buildin~ to the edge of the drive~ay
pavement.)
1. Depth of front yard - Thirty (30) feet plus one (1)
foot for each two (2) feet of building height cvec
thirty (30) feet.
2. Depth of side yard - Fifteen (15) feet plus cae (1)
foot for each two (2) feet of building height over
thirty (30) feet.
3. Depth of rear yard - Tklrty (30) feet plus one (1) foot
for each t~o (~) feet of building height over thirty
(30) feet.
7.05 ADSITIO~(AL
No one-bedroom affordable housing units shall be permitted for
sale or rent for this PUD.
SECTION VII. I
CE~EHAL DEVELOPHEHT CO~ITHENTS
s. o ~
The purpose of this section is to set forth the standards
development of the project. Standards not specified hereln are
to be in accordance with the Collier ~ounty Ordinances in effect
at the time of Site Development Plan approval.
8.02 PUD RASTER DEV~OpME~;T
A. The PUD Development/Master Plan illustrates a preIimlnary
development plan.
B. The design, criteria and lay-out illustrated on
Development/Master Plan shall be understood as flexible so
that the final design may comply with all applicable
requirements and best utilize the existing natural
resources. = ~
C. All necessary easements, 6edications or other instruments
shall be executed or granted to insure the c:ntinued
operation and maintenance of all service utilities.
D. Minor site alterations may be permitted subject to Section
7.27, (j), of the Collier ¢:unty Zoning Ordinanace.
E. Overall site design shall be harmonious in terms of
landscaping and enclosure of structures, location of all
improved facilities and l¢cation and treatment of buffer
areas. Signage to be determined as a part of the final
design approval process.
F. Any lake excavation shall be done in full compliance with
Ordinance Number 88-26 and South Florida Water Management
District rules. The minimum lake size and depth~ will be
determined by the above.
8.03 ~LEARtNG,'GRADI~, EARTHWORK, A~D S~T~ DRA~NAG~
All clearing, grading, earthwork, and site drainage shall be
performed in accordance with all applicable state and local
codes. Environmentally sensitive areas and protected plant
species will be carefu%l~ marked and protected durinq
construction using the best available management techniques so as
not to harm any such areas or plants.
8.04 P.T[LITI.~
~a~AF._and Sew~.~
1. Water distribution, sewage collection and transmission
and interim water and/or sewage treatment facilities to
serve the project are to be designed, constructed,
conveyed, owned and maintained in accordance with
Collier County Ordinance No. 88-76, as amended, and
other applicable County rule~ and regulations.
2. All customers connecting to the water distribution and
Sewage collection facilities to be constructed will be
customers of the County and will be billed by the
County in accordance with the County's established
rates. Should ~.
t.._ County not be in a position to
provide water and/or sewer service to the project, the
water and/or sewer customers shall be customers of the
interim utility established to serve the project until
the County's off-site water and/or sewer facilities are
available to serve the project.
3. It is anticipated that the County Utilities Division
will ultimately supply; ~qtable water to meet the
consumptive demand and/or receive and treat the sewage
generated by this project. Should the County system
not be in a position to supply potable water to the
project and/or receive the project's wastewater at the
time development co.~..ences, the Developer, at his
expense will install and operate interim water supply
and on-site treatment facilities and/or interim on-site
sewage treatment and disposal facilities adequate to
meet all requirements of the appropriate regulatory
agencies. An agreement shall be entered into between
the County and the Developer, binding on the Developer,
his assigns or successors regarding any interim
treatment facilities to be utilized. The agreement
must be legally sufficient to the County, prior to the
approval of construction documents for the project and
be in conformance with the requirements of Collier
County Ordinance No. 82-76, as amended.
If an interim ca-site water supply, treatment and
transmission facility is utilized to serve the project.
it must be properly sized to supply average peak day
domestic demand, in addition to fire flow demand at a
rate approved by the appropriate Fire Control District
servicing the project area.
This project shal! tie into the existing water main and
force main within Radio Road / Davis Boulevard right-
of-way. Additionally, this project, as part of the
final construction plans, shall extend a water main and
force main to the project's western boundary (where the
road meets Pine Crest Lane) and be properly capp,d tot
future Connection.
This project shall be designed for c,ntra] .wat,r and
sewer systems. No individual septic installations
shall be permitted.
8.05 ~OLI~ ~ASTE DISPOSAL
Necessary arrangements and n~reements shall be made with an
approved so[id waste dispcsa! service to provide far solid
collection service to all areas of the project.
8.06 R~C~_$_ATIONAL FACILITIES
The nature trails, picnic area(s)", clubhouse(s),
pool(s), and tennis court(s)(optiona[), and facilities, and any
access thereto, shall be maintained by the C~ner or his assignee.
8.07 T~AFFIC I..~..8Oq ....
A. Subject to Florida Department of Transportation approval,
the project shal! have a direct access '~ of
o~. Davis
Boulevard. The develoTer shall provide eastbound and
westbound turn lanes on Davis BouIevard. If a median
opening is permitted upon the four laning of Davis
BOulevard, the developer shall be responsible for the cost
of all intersection improveA~s necessary to serve the
site.
B. The developer shall provide arterial ]eve) street ]ightinG
at the project entrance.
C. The developer shall provide a fair share contribution toward
the capita[ cost of a traffic signal at the project entrance
~hen deemed warranted by the County. The signal will be
o~ned, operated and maintained by Collier County.
D. The road impact fee shal! be as set forth in Ordinance 85-
- 55, as amended, and shall be paid at the time building
permits are issued unless otherwise approved by the Board of
County Commissioners.
Access improvements shall not be subject to impact fee
credits and shall be in place before any certificates o~
occupancy are issued.
In consideration of the implementation of the Adequate
Public Facilities Ordinance and the potential of adjacent
roadways not conforming to appropriate service level
standards due to the rate of increase of traffic volumes
versus scheduled/funded roadway capacity improvements, the
developer is advised that future land development activities
in the area shall be subject to future ]and use controls
consistent with the above regulations.
Subject to the approvals of the Florida Department of
Transportation and the Collier County Transportation
Service~ A~ministrator. the abandoned Pavement at
intersection of P, adio Road and Davis Boulevard shal I he
removed and direct acce,-~ into the project :hall he provided
off of Davis Boulevard.
8.08 STREETS
The streets within the project may be privately o'~n ed and
maintained with the exception of the street' leading from the
entrance on Radio Road to th, north h~f of the project and
street interconnecting the adjoining property to the east ~ith
the adjoining property to the
8.09 ~OLLING PLACES
Polling place~ shall be pe~tted and provided for a~ deemed
appropriate by the Supervi~cr of Elections, in accordance with
Section 9.11 of the Zonin~ Ordinance.
8.10 ~;VIRONMENTAf,
A. The developer shall ccm~ly ~h Ordinance Number 82-2
amended by Ordinance N~er ~57 (Use of Native S~ecies in
B. oper shall ccm?]Z ~ith Ordinaa~mber 7~_~1
amended by Ordinance N~er 89-58 (Pr~erv~ cf
Habitat and Tree Remcval Permit).
C. The developer shal~ comply uith Ordinance Number ~2-37
amende~ by Ordinance ~e r 89-53 (Removal of
Species ) . Exotic
D. The developer shall be subject %o the Co~]ier County
Comprehensive Plan, ~vation and Coastar Ma aeme
Element, Policy 12. .~ ~clsCover~ o~ an archaeological
preservation) . art~,act or other indicator of
E. Prior to the final construction plans and plat and/or Fina{
Sit~ Development Plan approval, the developer shall obtafn
and submit to Project Review Service~ d:Cumentation of all
necessary loca[, state and federal permits.
F. In the event protected specie~ nests or burro~ are
encountered du~ing development activities, the Col I
County Project Revie~ Services, Environmental Revieu Staff
sha[ ~ be notified im.~ediate[y and project design may be
adjusted if ~arranted (Co~]ier County Comprehensive Plan,
Conservation and Coasta~ Management Element, Policy 7.3.4).
G. Protected plant specie~ inc]~.ding ~rub blat. lng
(~ia~r~s ~o~) and those s~ghted during d,ve[ opment .
activities ~ha]l be protected ~rom ~njury or re]ocat,d on
site, preferable to preserve or landscage nt'eas. The
15
existing locations as ue]l as th, tran~plantin~ Iccatjonc
shall be identified on [he S{te Clearing Plans.
The preserve areas shall be surveyed and indicated on the
final recorded plat as preservation ea'sements or tracts, and
dedicated with prntective covenants to maintain the areas in
their natural pre-development state.
I. Quantitative criteria for mitigation shall be based on the
results of final field determinations made by the South
Florida Water Managemez~ District and Collier Ccun%y
Environmental Staff at the time of construction plans and
plat and/or Site Development Plan approval. Compensation
proposals shall provide reasonable assurance that resource
impacts will be offset.
1. Mitigation plans proposed in wetlands to be preserved,
restored, enhanced shall include a statement indicating
why no other reasonable options to impacting
jurisdictional wetlands ~r9 available, a description cf
area (location and siz6)~-.vegetation proposed to be
planted, source of vegetation (transplantation from
impacted areas preferred), hydrologic regime, exotic
vegetation removal, monitoring and maintenance plan.
2. Mitigation proposed in up]and areas shall emphasi:e
establishment of habitat value. Vegetation retained
and supplemented shall focus on wildlife value and
establishment of native vegetative "ccr.~un:ties".
J. The developer shall be subject to all Collier County
Environmental Ordinances in effect at the time of final
local development order approvals.
8.11 ~ATER HA~AG~u~';T AND E:~q!NE~RINq
A. Detailed pa~ing, grading, site drainage, and utility 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
sukmitted plan~ is grante~ by Project Review Services.
B. Design and construction of all improvements shall be subject
to compliance with the appropriate provisions of the Collier
County Subdivision Regulations.
C. An Excavation Permit will be required for the'. proposed
lake(s) in accordance with Collier County ~r. dinance__N~.'~bar_.
D. Platting is required in accordance ~ith Collier County
Subdivision Regulations, if any lots, tracts, or parce~ are
to be sold.
16
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· ' ..... '~' ~' "CT ' '. ·---'.' '. ~ - :.' ~ -~,° --~--~ q'.':~,~..-..:,,-~.r~ -~.'3t-.,-..~,, .
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/
Work within Collier County right-of-way shall meet
requirements of Collier County right-of-way Ordinance f~ur.h-r
82-91.
F. All requirements of the subdivision 'ordinance must be met
since no variances were requested.
G. Access improvements into each t~act as .shown on the PUD
Master Plan is informational only. Location and nu.-..ber of
access improvements is subject to Subdivision Master Plan or
SDP approval .
H. This project is approved for rezoning purposes only.
Subdivision Master Plan and/or SDP shall be submitted and
approved at a later date.
In accordance ~ith the Rules of the South Florida Water
Management District, (S?~'MD) Chapters 40--4 and 40E-40, this
project shall be designed for a storm event Of 3-day
duration and 25-year return freKuency.
J. A copy of SF~MD Permit or Early Work Permit is recuired
prior to construction plan approval. '
K. Prior to discharge into the on-site wetland preserve areas,
0.5 inch dry pre-treatment shall be provided.
L. Landscaping shall not be placed within the ~ater manage.-.ient
areas unless specifically approved ky Project Revl e'~
Services.
M. The existing ditch a]cn~ the western property shall be
improved to ensure adequate hydraulic capacity and positive
outfall.
N. The bottom elevation of all dry detention/retention areas,
excluding the preferve areas, shall be at least 1 ft. above
the wet season water table.
O. The lake(s) shall be a minimum of 0.5 acre in si:e in
accordance 'with 'South Florida Water Management District
rules.
P. This project shall be platted in accordance with Collier
County Subdivision Regulations to define the right-of-way,
tracts, and easements as sho~n on the master plan. '
Q. Pine Crest Lane shall be brought up to [oca! road standards
as defined by the County Subdivision Regu]at/on~ h-t~,en the
project access and Palm S~rings Boulevard.
R. Palm Springs Boulevard shall be ~idened to 24 ~..~rom P~ne
Crest Lane intersection to Radio Road.
Prior to Site Development Plan apprnva] , a ~ater supply ~m~rce
for fire fighting purposes shall be identified for this proiect.
8.13 OPEN SPACE
· ,,---~,_~ - · -- ~ j r ] 's gro~s area
snail be oe~otea ~o usable open spac~l~_~-a'ccordance with Collier
Fo~nty. Ordip.~.-42. ~rement shall not apply to
~ncivicual ~eve~opment parcels.
8.14 CONCURRENCY MANAGEMENT
Development permitted by approval of this petition will be
subject to a concurrency revie~ under the provisions of the
Adequate Public Facilities Ordinance No. 90-24 at the earliest or
next to occur of either final SDP approval, or building permit
issuance applicable to this project.
8 15 6FFORDABLE HOUS~NG AG.,~.._N~
The Saddlebrook Village project shall be operated in accordance
with the ,terms of au executed Affordable Housing' Agreement
between the project o~ner and the Collier County Board of County
Commissioners. The Affordable Housing Agreement is attached as
Attachment "2" and is further known as "Agreement Authorizing
Affordable Housin~ Density Bonus And Imposing Covenants And
Restrictions On Real Property."
STATEMENT OF UNIFIED CONTROL
RE: 33.79 ACRES RADIO ROAD/DAViS EOULETARD
The above referenced property that ! purchased to develop for
affordable housing ~as acquired personally. Although it is in the name
of John Jassy Trustee, ! hold it personally and there are no other
.... _
STATE OF FLORIDA
COUNTy OF LEE
Before me personally appeared JcP_n Jassy to me will known and kno'~n to
me to be the person described in and who executed the foregoing
instrument, and acknowledge to and before me that he executed said
instrument for the purposes therein expressed.
WITNESS my hand and officia! seal, this /~_. day of
1990.
,: '~.H'~ CO~XS~XOH EXPXRES
.... ,... % ...
~ I ~ -"
Attac~bment "1"
DENSITY BONUS AND IMPOSING COVENANTS
RESTRICTIONS ON REAL
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1991, by and between ~OHN D. JASS'f, TRUST~ (the" ,,
Developer ) and
the Collier County Board of County Commissioners (the
"Cor~mission").
RECITALS:
A. The Developer owns real proper~y described as (complete
legal description) The West 1/2 of thg",, $ou%h~ast 1/4 of Section
34. Township 49 Sou%b, Range 26 East. Collier County, Florida
lvinq South of 1-75; e×ceo% the ~ollowinq: the South 50 ~eet ~o;
~adio ~oad Rioh~ o~ ~av and %he ~ast 7~.00 feet
~f tke Southeast ~/4 of said Section 3~ known as Sadd!ebrook
Village P~anned Uni~ Oeve~ooment [The "Prooertv"). The legal
and equitable o'~ners include John D.
It is the Developer,s intent to construct a maximum of 438
residential units (the "' ; ....
Un.~ ) at a density of 13 units per
gross acre on the Property.
B. In order to const~uct the Units, the Developer must
Obtain a density bonus from the Commission for the Property as
provided for in the Collier County Affordable Housing Density
Bonus Ordinance ~;o. 90-S9, uhich density bonus can only be
granted by the Co~missicn in accordance ~ith the strict
limitations of s~id Ordinance.
C. The Com.mission is ~illing to grant a density bonus to
the Developer authorizing the construction of _ ~02_ bonus Units
Untt~ a~ specified tn tht~ Agreement and the Developer covenants
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Property, and for other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the
Developer and the Commission hereby covenan% and agree as
1. Recitals. The a~ove recitals are true and correct and
are incorporated herein by reference.
2. Developer Agree:ents. The Developer hereby agrees that
it shall rent the Units in accordance with the terms and
conditions of this Agreement and as specified by the attached
Appendix A, Exhibit A and Exhibit B, which Appendix is
incorporated by reference herein and constitutes a part of this
Agreement. Units a% the Property which are not an affordable
Unit ("market-rate units") shall be exempt from the provisions cf
this Agreement and may be leased or rented by the Developer on
ter=,'S and conditions acceptable to the Developer in its sole
discretion. The developer shall pr%vide, within forty-five (45)
days from the date that notice, is received by the Commission,
on-site management to assure appropriate security, maintenance
and appearance of the development and the Units.
a. The following provisions shall be applicable ~o
the affordable Units:
(1) Definitions. Any and all definitions
provided by Ordinance No. 90-89, as amended, are hereby
incorporated by reference.
Phasing shall mean (a) the phased construction of
buildings or structures in separate and distinct stages as sho~n
on a PUD master plan, subdivision master plan or site development
plan; or (b) in developments where phased construction is not
depicted on a PUD master plan, subdivision master plan or site
development plan, the construction of buildings or structures in
a clearly defined series of ~tarts and finishes that.are separate
and distinct ~ithin the development.
.(2) Base Rent'. The.monthly base rent for the
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increased each year from the date of %his
the rent does not e×ceed one-t~elfth (Z/12) of 30 percent of an
amount which represents 50 percent (for very
'percent (for lo~ income), of the then applicable median adjusted
gross annual income for the household az published annually by
the U.S. Department of Housing and Urban Development.for the area
defined as the Naples Metropolitan Statistical Area (:iSA). The
foregoing notwithstanding, any rent charged for an affordable
housing unit rented to a lo~ income or very low income family
shall not exceed 90 percent of the rent charged for a comparable
market rate d~elling in the same or similar development.
(3) Median Inco=e. For the Durposes of this
Agreement, the median income of the area as defined by the U.S.
Department of Housing and Urban Development (HUD) shall he the
then current median income for the Naples Metropolitan
Statistical Area, established perl~d%cally by HUD and published
in the Federal Register, as adjusted for family size as shc~n on
the tables attached hereto as Appendix A, Exhibit C, ~hich
Exhibit shall be adjuste~ from time to time in accordance with
any adjustments that are authorized by HUD or any successor
agency. In the event that HUD ceases to publish an established
median income as aforesaid, the parties hereto shall mutually
agree to another reasonable and comparable method of computing
adjustments in median income.
(4) Eligibility and Qualification of Tenant.
Family income eligibility is a three-step process: 1) submittal
of an application by a prospective tenant; '2) verification of
family income; and 3) execution of an income certification form.
All three steps shall be accomplished prior to a tenant being
qualified as an eligible family to rent and occupy an affordable
housing unit pursuant to the affordable housing density bonus
program. No person shall occupy an affordable hohsing unit
provided under, the affordable housing density konus program prior
to being qualified at the app~pp~!at~ level'~6f income (lo~ or
' · ..... ' ''' '-?- "3f' AG£NDAIT£Nt - '
very low 'income) in accordance with this~$ecti¢.n..~.~,
;~-~~~~c~ ... - ~ ..... ~ _ _ ~ "~ .....
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The Developer shall be responsible for qualifying tenants by
accepting applications from tenants, verifying income and
obtaining income certification for all affordable units in the
subject development. All applications, forms and other
documentation required by this Agreement shall be provided to the
Housing and Urban Improve:em% Director. Qualification by the
Developer of any tenant as an eligible tenant family shall be
subject to review and approval in accordance ~ith the monitoring
and enforcement program created and adopted by Resolution of the
Commission.
(a) Application. A potential tenant shall
apply to the developer, o~er, manager, or agent to qualify as a
low or very low income family for the purpose of renting and
occupying an affordable housing rental unit pursuant to the
affordable housing density bonus program. The Preliminary
Application for Affordable Hpusin~Unit shall be provided by the
Housing and Urban Improvement Director as shown in Appendix B,
E~hibit A, attached to this Agreement and incorporated by
~eference herein.
(b) Inco=e Verification and Certification.
No affordable housing Unit in the development shall be rented to
a tenant whose household income has not been verified and
certified in accordance with this Agreement and Ordinance
No. 90-89, as amended, as a low or very low income family.
Tenant income verification and certification shall be repeated
annually to assure continued eligibility.
(c) Income Verification. The Developer
shall obtain written verification from the potential occupant
(including the entire household) to verify all regular sources of
income (including the entire household). The most r'ecent year's
federal income tax return for the potential occupants (including
the entire 'household) may be used for the purpose of income'
verification, if attached to the A~fordable Housing Income
' ! I t
RS~:TAL
block with the date of application. The verification shall be
valid for up to ninety (90) days prior to occupancy. Upon
expiration of the 90 day period, the information may ~e verbally
~pdated from the original sources for an a~diticnal 30 days,
provided it has been documented by the person preparing the
original verification. After this time, a new verification form
must be completed. The Affordable Housing Income Verification
form shall be provided by the Housing and Urban Improvement
Director as shown in Appendix B, Exh{bit B, attached to this
Agreement and incorporated by reference herein.
(d) Income Certification. Upon receipt of
the Preliminary Application .-r Affordable Housing Unit and
Affordable Housing Income '
~e--.ication form, the Developer shall
require that an income certification form shall be executed by
the pctentia! tenant (includin~ the entire household) prior to
rental and occupancy of the aff0Kdable housing unit By the
tenant. Income certification shall assure that the potential
occupant has a low or very lo~ household income which qualifies
the potential occupant as an eligible family to rent and cc:upy
an affordable housing unit under the a~~..da,l_ housing density
bonus program. The Affordable Housing Income Certification fo~
shall be provided by the Housing and Urban Improvement Director
as sho'~n in Appendix B, Exhibit C, attached to this Agreement and
incorporated by reference herein.
(e) Rental Agreement. At a minimum, the
rental agreement shall include the following: .
(i) name, address, and telephone number of the head of
household and all other occuoants;
(ii) a description of the unit to'be rented;
(iii) the term of the lease;
(iv) the rental amount;
(v) the use of the premises;
(vi) monitoring and enforcement provisions, including
disqualification of tenant; and
(vii) the rights and obligations of the parties.
Random inspection of files containing required documenta-
tion to verify occupancy in accordance with this Agreement and
Ordinance No. s0-s~;'as'a=enhea,'may' ~e'~ondu~tea
and Urban :mprove~t Direct6r'<'r':.\
.... ".' "":: ',:':': ' ' .' := '-'"- :?.':-::%"..'. : /': .... I
.....
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.'. '_' r.~..' ;. .~.~ ~..-*-~ .... ~ T~ ' ~': ·'.~ ' .-· ~"~-~- ~.~-~--,- -... ~' ' '
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_,: ..... ~,, .... :.~,: ::..- ~, ..: :-~.-~ ,~.~ ~ ~' .~~~,,~. ,t.~
.... . ......: ......... ~....:_-.~.~..~...~=.~~.
......... - .......... . ..... .: ~ .~'~?~. ~ ~~~ -
' ..' -- - - ' '-- - , - · ~.~-'~-~-:= - ~7~.~_ .~ - ~,~~" . .'
· _ . . ....QL .~. ~.-~-.,t.. ~'.'~.J~L'T-...~;~'~?V~-~ ..
(5) Disqualification of Teman~. In ~he even=
that tenant qualification is not subsequently confirned by the
Mousing and Urban Improvement Director or his designee, then such
tenant shall be required to vacate the affordable unit. If
tenant vacation of the affordable unit is the result of an error,
omission or misrepresentation made by Developer, tenant shall
vacate the affordable unit within thirty (30) days and Developer
shall pay penalties as provided by the'monitoring and enforcement
program. If tenant vacation of the affordable unit is the result
of a misrepresentation made by the tenant, tenant shall vacate
the affordable unit within 15 days and shall pay penalties as
provided by the monitoring and enforcement program. Such
eventuality shall be expressly detailed in the lease agreement
between Developer and tenant.
(6) Annual Progress and Monitoring Report. The
Developer shall provide the Mod~ing and Urban Improvement
Director an annual progress and monitoring report regarding the
delivery of affordable housing rental units throughout the period
of their construction, rental and occupancy. The annual
and monitoring report shall, at a minimum, provide any infcrn_a-
tion reasonably re~aired to insure compliance with Ordinance
No. 90-89 or subsequent amencknents there%o. The report shall be
filed on or before $~ptember 30 of each year and the report shall
be submitted by the Developer to the Housing and Urban Improve-
ment Director. Failure to complete and
s ..... 1~ the moni~sring
report to the Housing and Urban Improvement Director within si×my
(60) days from the due date shall result in a penalty cf up to
fifty dollars ($50.00) per day unless a written extension not to
exceed thirty (30) days is requested prior to expirati'on cf the
sixty (60) day submission deadline. ~;o more than one such
extension may be granted in a single year.. The progress and
monitoring report shall be in a form provided by the Housing and
Urban Improvement Director.
(7) Occupancy Restrictions. ~:o Affordable Unit
thereof. The Developer may no~ assign, delegate or otherwise
transfer all or part of its duties, obligations, cr promises
under this Agreement to any successor in interest to the Property
'without the express written consent of the Commission, ~hich
consent may be withheld for any reason whatsoever. Any attempt
to assign the duties, obligations, or promises under this
Agreement to any successor in interest to the Property without
the express written consent of the Commission as required by this
Section shall be void ab initio.
7. Severability. If any section, phrase, sentence or
portion of this Agreement is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct, and independent
provision, and all other provisions shall remain effective and
binding on the parties.
8. Notice. Any notice de~£red or required to be given
under this Agreement shall be in ~riting and shall either be
personally delivered or shall ~e sent by mail, postage prepaid,
to the parties at the following addresses:
To the Ccr~ission: Housing & Urban improvement Dep=.
3050 ~:. Horseshoe Dr., Suite 158
Naples, Florida 33942
To the Developer: John O. Jassv
Jassv & ASsociates, ~nc.
10911 Bonita Be~ch Road, Suite ~01
Bonita Beach. Florida 33923
Any party may change the address to which notices are to be sent
by notifying the other party of such new address in the manner
set forth above.
9. Authority to Monitor. The parties hereto acknowledge
that the Director of Collier County Housing and Urban Improvement
or his designee shall have the authority to monitor and enforce
Developer's obligations.hereunder.
10. Indemnify. The 'Developer 'hereby agrees to protec~
· '. - · . ..... : ~. ~*..-., .- - · /- '~0 ~-~i_~_~ ....
'. .... . . ' .~.~%_'.;'".'2~, ', ' - ~ ',' '.'3'- ~.2':'.%"? , ~'~':~'~:5,-""-'-~,. -", ' - '
RZ:;TAL
the Developer, any person related to or affiliated with the
Developer, or by a resident manager.
3. Density Bonus. The Com. mission hereby acknowledges that
~he Developer has met all required conditions to qualify for a
density bonus, in addition to the base residential density of 7
units per acre, and is therefore granted a density bonus of 6
density bonus units per acre, for a total of ~02 density bonus
units (total - density bonus units per acre X gross acreage),
pursuant to the Collier County Affordable Housing Density Bonus
Ordinance No. 90-89. The Co~nission further agrees that the
Developer nay construct thereon, in the aggregate a maximum
number of 438 units on the Property provided the Developer is
able to secure building per~ it{s} from Collier County.
4. Co-.mission Agreement. During the term of this
Agreement, the Co~nission acting through the Housing and Urban
Improvement Department or its sucde~sor(s) covenants and agrees
to prepare and to make available to the Developer any general
informatio~ that it possesses regarding income limitations and
restrictions which are applicable to the affordable Unit.
5. Wiolations and Enforcement
a. Violations. It shall be a violation of this
Agreement and the Collier County Affordable Housing Density Bonus
Ordinance to rent, sell or occupy, or attempt to rent, sell or
occupy, an affordable housing rental unit provided under the
affordable housing density bonus program except as specifically
permitted by the re.--as of this Agreement; or to ~knowingly give
false or misleading information with respect to any information
required or requested by the Housing and Urban Improvement
Director or by any other persons pursuant to the authority which
is delegated to them by the Ordinance.
Collier County or its designee shall have full power to
enforce the terms of this Agreement. The method of enforcement·
for a breach or violation of this .'~g~eement- shall be at the
option of the Commission by crimina'l"e~for~e~nt,Pu'rsuant'to the
' - ·".. ' ~ '7 ~ '' ·.~7~.·~'-~23~'/%lQ;a:''~.-..'-''{'-3~ ..*.~,~-i~ ~.= 2',~ "'L ~' .. -
i
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~-~..~ ~ ~ ..~~ ~ _.~._.~ ~....~.~.~~ ~ ........... ~ -
~~~?~~~~r~~.' ~~ .... ~~,.~.
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provisions of Section 125.69, Florida Statutes, or ky civil
enforcement as allowed by law.
b. Notice of violation for Code Enforce:emi Board
Proceedings. Whenever it is determined that there is a violation
of this Agreement that should be enforced before the Code
Enforcement Board, then a Notice of Violation shall be issued and
sent by the Housing and Urban Improvement Director by cer:ified
return-receipt requested U.S. Mail, or hand-delivery to the
person or developer in violation of the. Ordinance. The Notice of
Violation shall be in writing, shall be signed and dated by the
Housing and Urban Improvement Director or such other County
personnel as may be authorized by the Board of County
Cor.~issioners, shall specify the violation or violations, shall
state that said violations(s) shall be corrected within ten (10)
days of the date of the Notice of Violation, and shall state that
if said violation(s) is/are not c6~rected ~y the specified date
in the Notice of Violation, the Housing and Urban Izprovenent
Director shall issue a citation which shall state the date and
ti=e of issuance, name and address of the person in violation,
date of the violation, Section of this Agreement or of Ordinance
No. 90-89 or subseqluent amendments thereto violated, name of the
Housing and Urban Development Director, and date and tine when
the violator shall appear before the Code Enforcement Board.
c. Certificate of Occupancy. In the event %hat the
Developer fails to maintain the affordable units in accordance
with this Agreement or with ordinance No. 90-89,.as amended, at
the option of the Cor~ission, building permits or certificates of
occupancy, as applicable, may be withheld for any future planned
or otherwise approved unit located or to be located ~pon the
Property until the entire project is in full compliance with this
Agreement and with Ordinance No. 90-89, as amended.
6. Assigrunent by Conn£ssion. The Commission may assign '
all or part of its obligations under this'Agreement to any other
publ. ic agency having' jurisdicti6n o~e~"th'~'P'~'o~'~rt~'~&~ided tha~
?:.
RE:;TAL
employees, and agents harmless from and against any and all
claims, penalties, damages, losses and e×penses, nrofes~icnal
fees, including, without limitation, reasonable attorney's fees
'and all costs of litigation and judgments arising cut of any
claim, willful misconduct or negligent act, error or cmiusion, cr
liability of any kind made by Developer, its agents or employees,
arising out of or incidental to the performance of this
Agreement.
11. Covenants. The Developer .agrees that all of its
obligations hereunder shall constitute covenants, restrictions,
and conditions which shall run with the land and shall be binding
upon the Property and against every person then having any
o'~nership interest at any time and from time to time until this
Agreement is te.'-minated in accordance with Section 14 below.
However, the parties agree that if Developer transfers or conveys
the Property to another person or ~t~ty, Developer shall have no
further obligation hereunder and any person seeking to enforce
the te~s'hereof shall look solely to Developer,s successor in
interest for the perfol-mance of said obligations.
12. Recording. This Agreement shall be recorded at
Developer's expense in the official records of Collier County,
Florida.
13. Entire Agreement. The parties hereto agree that this
Agreement constitutes the entire Agreement between the parties
hereto and shall inure to and be binding upon their respective
heirs, successors, and assigns.
14. Termination. Each affordable housing unit shall be
restricted to remain and be maintained as the type of affordable
housing rental unit' (low or very low income) designated in
accordance with this Agreement for at least fifteen (15) years
from the date of issuance of a Certificate of Occupancy for such
unit. After fifteen (15} years this Agreement may terminate upon
a date mutually agreed upon by the parties and stated in writing.
15. Modification. This Agreement sh:!! k= .D~J~i=G u~
~.' ."'~?~ -.':~'=-~-~--~e'~-"~-~?'.~.'-~*~ ~ ~,~.~.~-.':.-~'~'~ ~'-'.~-'r~ ~ ~~ '~&'X~',~'~': ' .... ."~ '~',.'~'~" ~t~'~:~-~'-
..... ~' ~~ ~: ':'-~ ~'~~, ~'~ ~-~~~1 .......... "-
16. Discrimination.
a. The Developer agrees that neither it nor its agents
shall discriminate against any tenant or potential tenant kecause
Of said tenants race, color, religion, sex, national origin,
familial status, or handicap.
b. When the developer advertises, rents, sells or
maintains the affordable housing unit, it must advertise, rent,
sell, and maintain the sane in a non-discriminatory manner and
shall make available any relevant information to any person who
is interested in renting or purchasing such affordable housing
unit.
o. The developer agrees to be responsible for pay~..en~
of any real estate cor~issions and fees.
d. The affordable housing units in the development
shall be identified on all building plans submitted to the County
and described in the Developer App}iS~=ion for Affordable Housing
Density Bonus.
e. The affcrdab!e housing units shall be inter~..ixed
with, and not segregated from, the market rate dwelling unity in
the development.
f. The square footage, cons=ruction and design of the
affordable housing units shall be the same as market rate
dwelling units in the development. All physical amenities in the
dwelling units, as described in item number seven (7) of the
Developer Application for Affordable Housing Density Bonus shall
be the same for market rate units and affordable units. For
developments where construction takes place in more than one
phase, all physical amenities as described in item number seven
(7) of the Developer Application for Affordable Housing Density
Bonus shall be the same in both the market rate units and the
affordable units in each phase. Units in a subsequent phase may
contain different amenities than units in a previous phase so'
long as the amenities for market rate units and affordable units
are the same within each phase and provided that in no event may
a marke~ rate unit or affordable unit
R£::TAL
physical amenities less than those described in %he Developer
Application.
17. Phasing. The percentage of affordable housing units to
'which the Developer has committed for the total deve!cpment shall
be maintained in each phase and shall be constructed as part of
each phase of the development on the Property. Developer
to thirty (30% percent affordable housing units for this project,
with thirty C30) percent of the units in each phase as built
consisting of affordable units.
18. Disclosure. The developer shall not disclose to
persons, other than the potential tenant, buyer or lender of the
particular affordable hcusing unit or units, which units in the
development are designated as affordable housing units.
19. Consistency. This Agreement and authorized development
shall be consistent with the Growth Management Plan and land
development regulations of Collie~Cpunty that are in effect at
the time of development. Subsequently adopted laws and policies
shall apply to this Agreement and to the development to the
extent that they are not in conflict with the number, type of
affordable housing units and the amount of affordable housing
density bonus approved for the development.
20. Affordable Housing Density Bonus Development Agreement.
This Agreement is a distinct and separate agreement from
development agreements as defined by Chapter 163.3220, Fla. Stat.
(1989) and as amended.
21. Preapplicatioz. Developer has executed and submitted
to the Development Services Director the Developer Application
for Affordable Housing Density Bonus, a copy of which is attached
to this Agreement as Appendix C and incorporated by reference
herein.
22. Governing La~. This Agreement shall be governed by and
construed in accordance with the laws of the State of Florida.
23. Further A~surances. The parties hereto shall execute
and deliver, in recordable form if necessary, any and all
documents, certificates, ins~r~menps, and_agree~nts
R~NTAL
reasonably required in order to effectuate the imtem% of =his
Agreement. Such documents shall include but no= be l~nited to
any document requested by the Developer to exhibit that thiu
Agreement has terminated in accordance with the provisions of
paragraph 14 above.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed as of the day and year first above
written.
ATTEST:
JA2{ES C. GILES, CLER/<
Witnesses:
,!
Approved as to form and
legal sufficiency:
Martha N. Howell
Assistant County Attorney
BOARD OF COU~.ITY CO:C{ISSIONjT~RS
COLLIER COUNTY, FLORIDA
':.
~ATRICIA A2;:iE:~OODNIGHT, ~ha~rman
DEVELOPER '"'? '. ~ ' . ' ·
JOHN D. JASSY, TRUSTEE ......
t { / '
RENTAL
STATE OF FLORIDA
COUNTY OF COLLIER
'The foregoing Agreement Authorizing Affordable Housing Density £onus
and ImPosing Covenants and Restrictions on Real Property
acknowledged before me by John D. Jassy, Trustee.
WITNESS my hand and official seal this %~I.' . day of '~, ~,,' ,
1991. ;- '. _
No%ary Public
My Commission Expires:
00NNA J.
Appendix
NS~BER OF ~ZITS £ASE RENT
Single Multi Single :~ulti
Family Family Family Family
LOW INCOME
Efficiency
1 Bedroom
2 Bedroom 88
3 Bedroom ~&
4 Bedroom
VERY LOW I~;COME
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
4 Bedroom
~575.00
(1) Base residential density allowed in this deve!c;nent
7 units/acre.
(2) Gross acreage 33.8 .
(3) Maximu~ number of affordable housing density
bonus units allowed in this development pursuant
to Section 7 Ordinance 90-89. 6__ units/acres.
(4) Gross residential density of this development
(including affordable housing density bonus units)
. ~3 units/acre.
(5) Percentage of affordable units pledged by the
developer as a percent of the total number units in the
development 30 %.
Appendix A, Exhibit
~FFORDASL£ ~OUSI~:G D~.';$ITy ~O::US RATING SYST£~
Section 7, ordinance No. 90-89, provides for calculation of a
density bonus for developers pledging to construct affordable
units within their development. Included in this Exhibit B are
instructions for and the tables with which to calculate the
density bonus for a particular project. Exhibit C contains the
current median income and acceptable rents for low and very low
income households in Collier County.
Tha affordable housing density bonus rating system shall he
used to determine the amount of the affordable housing density
bonus which may be granted for a development based on household
income level, number of bedrooms per affordable housing unit,
type of affordable housing units (owner-occupied or rental,
single-family or multi-family) and percentage of affordable
housing units in the development. To use the affordable housing
density bonus rating system, Tables A and B, below, shall be
used. Tables A and B shall be reviewed and updated if necessary
on an annual basis by the Board of County Commissioners or its
designee.
First, choose the household income level (moderate, low, or
very low) of the affordable housing unit(s) proposed in the
development, and the type of affordable housing units
(o%~er-occupied or rental, single-family or multi-family, where
applicable) to be provided, as shown in Table A. Then, referring
again to Table A, choose the number of bedrooms proposed for the
affordable housing unit(s). An affordable housing density bonus
rating based on the household inccm~ level and the number of
bedroo=s is sho'~n in Table A.
After the affordable housing density bonus rating has keen
dete~ined'in Table A, locate it in Table B, and determine the
percent of that type of affordable housing unit proposed in the
development compared to the total number of dwelling units in the
development. From this determination, Table B will indicate the
maximum nut. her of residential d~elling units ~r gross acre that
may be added to the base density. These additional residential
dwelling units per gross acre a~e the maximum affordable housing
density bonus (~EDB) available to that development. Deve!c~nents
with percentages of affordable housing units ~'hich fall in
between the percentages sho'~n on Table B shall receive an
affordable housing density bonus e~ual the lo.er of the two
percentages it lie~ between plu~ 1/10th of a residential dTelling
unit per gross acre for each additional percentage of affordable
housing rental unit~ in the development. For example, a
development ~hich has 24% of its total residential dwelling units
as affordable housing units, and which has an affordable k~using
density bonus rating of "four" ~ill receive an affordable housing
density bonus (~DB) of 4.4 residential dwelling units per gross
acre for the development.
Where more than one type of affordable housing unit (kased on
level of income and number of bedrooms shown in Table A]
proposed for a development, the affordable housing den=ity konus
for each type shall be calculated separately in Table B. After
the affordable housing density bonus calculations for each type
of affordable housing unit have been completed in Table 8, the
affordable housing density bonus for each type of unit shall be
added to those for the other type(s) to determine the maximum
affordable housing density bonus available for the development.
In no event shall the affordable housing density bonus exceed
eight (8) d~elling Units per gross acre
.~'..~. . .~ -. 'C'~.~:e...~'.~ .,,-.,~..
~..,
Appendix A, Exhibit B
AFFORDABLE EOUSING DEN~_ITY BONUS RATING
TABLE A: AFFORDABLe,HOUSING DENSITY BONUS RATING
LEVEL
OF HOUSEHOLD
INCOM-i EFFICIENCY 2
MODE~.%TE (O'-%'ER-OCCUPIED,
SINGLE-FA.MI LY)
0 1' 1'
LOW (O'-7~ER-OCCUPIED OR RENTAL
SINGLE-FAMILY OR MULTI-
FA2~.ILY)
2 3 4
VERY LOW (O'-~NER OCCUPIED OR
RENTAL, SINGLE-
FAMILY OR P?.JLTI-
FA.M I LY )
4 5
*For cluster housing deve!opnents in the Urban Coastal Fringe,
add i density bonus to obtain 2.
TABLE B: A~'FORDkBLE HOUSING DENSITY BONUS
(ADDITIONAL AVAILABLE D~-'-LLING UNITS ~ER GROSS : '.
AFFOP2~ABLE HOUSING
D~:;SITY EO:,'JS P.%TING
~ 07 A77ORDABSE HCU$!::G tR.;ITS
i 0 0 I 2
2 o ;_ ~ 2
3 2. 3. 4 5
5 4 5 7 8
Please calculate your density bonus in the space providel belo'~.
Attach additional pages if nee.ssary.
INCOMg ~:;D RENT LEVELS FOR HODERATK INCOME,
),OW I):CO~£ ~0 VERY LOW
Pursuant to the Affordable Housing Density Bonus Ordinance, No.
90-89, moderate income is 81% to 100% of Median Income,
income is 51% to 80% of median income and very lo~-income is less
than 50% of median income.
$40,000
MEDIAl; INCOME 199~
Naples, HSA (Collier County)
NUMBER OF MLMBER$ IN
i 2 3 4 5 6 7
100% 28,000 32,000 36,00~ 40,000 43,200 46,400 49,600 52,800
80% 22,400 25,600 28,800 32,000 34,550 37,100 39,700 42,250
60% 16,800 19,200 21,600 24,000 25,920 27,840 29,760 31,6~0
50% 14,000 16,000 18,000 20,000 21,600 23,200 24,800 26,400
Based on an average of one and t~o~ople living ~n a one ~edroom
unit, three and four people living in a t~o bedroom unit, five
and six people living in a t.~ee bed room unit, and seven and
eight people living in a four bedroom unit, the allo~able housing
costs are'sho~ on the chart below. Housing costs are based on
the 30% of the fanily income. Housing costs are defined ren~ and
utilities for rental units.
HOUSING COSTS BASED ON 30% OF FA.MIL'f INCOME
ONE BEDROOM ~&O BEDROOM THREE BEDROOM FO%~ BEDROOM
b~;IT ~IT ~IT ~iT
100% 750 950 1,120 1,280
80% 600 760 896 1,024
50% 375 475 560 640
UTILITY
A/,LOWANCE 55 75 90 110
kLLOWA~LE RLNT WITH UTILITIES DEDUCTED
80% 545 6~5 ~06 914
50% 320 400 470 530
~&te O~CUpanoy
. Co-Tenant
Date o!
~are/:~a:lo~al Or~g~n:
Hand~ca~: Yes :Po
Handicap: Yee~ No
Presen~ ~ddress: 5~ree~ Ci~y SCare Zip TeLe;hone/
Landlord: How Long at Chis
Address:
Street Ci:7 S:a~ zip ~e~ephc~e
you have resi~ed a~ your present ad~ress less than ] yearS, please state previous a~ ess
STreet City $:ate Zip Telephone /
prevLous Landlord*s NLme, Address, Telephone:
A~pLLcan%
Present Employer's N~me, Address, Telephone:
Mc~ Long with Present Employer:
Social Security
· Previous Employer's NL~e, Address, Telephone:
~¢~ Long with Previous Employer:
Every 2 Weeks S
~'lrth date:
Job Title:
Co-Tenant
Present £=ployer's ,~=e, A~dress, Telep~¢ne:
~:w Lon~ wl~h present E~ployer:
Cross Salary: ~ourly S Weekly $.__
social Security
Prsviou~ Employer'l NL~e, Address,
H:~ LoLg with previous Employer:
NA..~S OF A~% %T~O WILL OCCUPY
r r r,;C~ Relat[vesk
PER$O)~AL R_F~R~. _S [NOt
1. N~e: Address:
2. Name: Address:
Job Title:
£very 2 Weeks $__
BLrth date:
Job Title:
Monthly $
How Long:
Ho~ Long:
Your Bank~ Loan Savings
List Below 3 Additional Credit ~eferences: ':,". "/"
Checking
Social Security
Social Security
I hereby declare and ~evea~ all of ~7 sources of income. :
pensions, stocks, bonds, real 9ropsrty rent, sale or cvnersh£p is a Jraudulent act
· by la~. Knowingly falsifying information on this form il cause ~or refusai o~ occupant.!.
I hereby cert£~y that this vLll be ~y peak-anent residence and that Z have ~o other
· housing.
I understand that this information is ~or the purpose of cc=puting ~y annual /nc:me to
dete.-mine my ~dalification to rent/buy an affordable housing unit. I understand that
· ~ains, etc.
Received of ply Received
Wades/Sale:-! $ $ '-
Tips
In~ere~: Znccme S~ S S--
Trust Fund Income
Unemplo~e~C $. $ $
WorSen' I C:m~ensation S, S S
Welfare
Social ~ecuriCy S~ S' S
Social Security Disability S S
Supplemental ~SI S S' S'
Child Sup~rC :
Veteranl ~enefi~m $ S S
Widows Bens firm
Un/on Benefits S S S
Union Pension S~ $~ S"'
~el f-~mplo~ent Business,
Silent Par:ncr, etc. S S S
Private Insurance Pension $. $'" $~
TOTAL AI{NUAL INCOMZ $, S
Please attach list of all other sources of income for entire household.
THE V~RZFZCATION HERE R-=QUEST£D F~%Y TA/ZS. THE FO~9 OF THE MOST RECENT YEAR'S FEDEP~
T~ PSTU~; FOR EACH OCCUP~T W~O ~S FILED ~D WILL OCCUPY THE AFFO~ABLE UNIT.
TH~ S~HE MUST BE EXECUTED FOR EAC~ OCCUPANT OF THE HOUSEHOLD 6~0 CONTRIBUTED TO THE ~NU~
~OUS~HOLD INCOME. FAILURE TO ~PORT ALL ~OURCES OF HOUSEHOLD ~ NCOME WILL RESULT
DISQU~IFICATION FOR TENANCY IN ATFO~AB~E HOUSIN~ UNIT.
A~end'ix B,' ExhLbL~ 5
AP?LIC~JT
Prese~ £mp~oyer:
Job
A~LLcanc
verification for:,.
STATE OF FLORIDA )
) SS.
C~D~=~f OF COLLIER )
cL:y
Telephone Number:
hereby au~hori:e the release of £nformatlonre~--:es:e~. on
T..~E FOREGOING was ackno~lodged before me by
day of , 1991.
E=ployer Verification:
Applicant's Cros. ~nnual Income or Rate of Pay:
~-~er Of Eours Wor'ked (Weekly):
Fre~uency of Pay:
STATE OF FLORIDA )
CO~;~f OF COLLIER )
Monthly ~nua!ly
T~E FOREGOING was acknowledged before me by
· WITNESS my hand and official seal this -- day of , 1991.
My Commission Expires:
Notary Public
THE V~RIFICATION HERE REQUESTED PAY TA:~ THE FO~t~ OF THE MOST ~CENT YEA~'S
T~ ~TU~ FOR EACH OCCUP~T WHO ~S FILED ~D W~LL OCCUPY THE AFFO~ABLE UNIT.
' ' '" "" '.':'. ..... 7 .... '.' ......... ~':.:'i ' ':1:-~ ..... '
' - ...... '; '---'7~- '& ' ;J~-: ':~ ........ ~'-,~'-~- - ' -- ' ' ' ' '~.~ '=~'""-' ~ ~"" - ....
. ,-'c ,~~~~ .... :~ ~ ~, ---'. -, -
,'
~ . - :_ ~ ..... . ~-, -~...
%~RIrIcATIO:I H.'~t~ ~.EQUESTED P~Y TAKE THE ro?.~ or THE F. OST FOR EACH OCCU?ANT tN'ED P~S rILED AND WILL OCCUPY
App~£ca~c
by ce ~s a true a~d correct cop~ of the ~etu:n f£1ed b~ me fo=
(Year)
STA.--~- OF FLORIDA
CO~TY OF COLLIER
1991.
MUST BE £X-'-CUTED FOR ~ACH OCC'J?A~T OF T'KZ HOUSEHOLD t~.O CO:~TRI~UT"D TO
EOUS.'-~OLD INCO~. FAILURE TO ~PORT ALL SOURC~-S OF HOUSEHOLD INCO.V--
DISQCTALIFiCATIO~ FOR TE:~ARCY IN A.FFO~.DA.~i.~ HOUSING U~IIT.
CO-TENanT
Teleph:ne ;:u~e::
this verl~£cation ~o~m. ·
he:eh7 ~utho:£:e the release c~ ~o:~...ItL:~ --~ ~ . c~
· $~AT~ G? FLORidA )
~ SS.
CBUNTY or COLLIER )
T~ FORZ¢O~NG was acknowledged be~o~e ~e by
My C¢.,.-~Lssion Exp£=es:
Public
~-p!cyer Ve~£fLcatLon:
~.~ount o~ ~onuses, T~ps, o~ o~he~ Cc~;ens~t~on ~eceLved: $
5TAT~ OF FLORIDA )
COUNTY O? COLLZER )
T~ FOREGO:NG was acknowledged befo:e ~e by
WZTN£SS my hand and offLcLa: seal this ~ day of
· 1991,
~ota~y PubLic
My Coff~Lssi. cn Expires:
THE V~=RIFICATIOtr HE~£ ~QUESTED P~Y T~ THE FOP.H or TH: MOST RECENT YEAR'S TZDE~ INCO~
T~ ~TU~g FOR EACH OCCUP~T WHO ~S FILED ~qO WILL OCCUPY THE AFFORDABLE UNIT.
TAX ~.~TU~J FOR tACH OCCUPANT WHO HAS FILEO AND WILL OCCUPY TH-' A??OROABL£
STATE OF FLORIDA
CO~T¥ or COLLIER
(Year)
'}--~'-'~ FOREGOING ~as acknowledged before r~e by
day of
.'~.-.': S~.~ FT. JST BE EXECUTED FOR £ACH OCCT?A.NT OF T~ HOUSEHOLD %9~0 CONTRIBUTED T', T:
F.~USE~OLD INC¢.v='. FAIL~ TO P~;:'ORT ~ SO:~a.C~_S OF HOUSEHOLO !NC~,~r ~ILL RESL--T 2.~
D2$QU;LLIFICATIG:~ FOR TENARCY I,~ AFFGR.DA3L£ HOUSI:;G UNIT.
A~rems of U~£t to be
- ?relL~inary A~llcatio~ for Affo=~d~le
racer!om of =he affordable um£t.
C~RST~D ~y C? T~E FO.~GOi~;C C~RTI~iCATIC~
STATE O? FLORIDA )
CCTNTy O? COLLIER )
T~ FORZGOiNG wis acknowledged before me by
WiT::E$S my hand and '''
~'! c=~.~iss!on
- STAT~ OF FLORIDA
COUNTY OF COLLIER
day of
APPENDIX O'- '-
Developer Application For Affordable Housing Densi~ Bonus
Developer Application Tot Affordable
Pursuant to the requirements of the Collier County Affordable
Housing Denmity Bonum Ordinance No. 90-89, Section 6.4, please
complete this form and submit it with any accompanying documenta-
tion to the Developmdnt Services Director, 2800 North Hormeskoe
Orive, Naples, Florida 3394Z. k copy must also be provided to the
Housing and Urban Improvement Director.
All items requested mus~ be provided.
1. Please state what zoning districts are proposed by the
applicant, if any, on the property and the acreage of each;
PUD - multifamilv; 33.8 acres
with the affordable housing density.ohOnus?
× Yea No
If yes, state date of application October 25~ 1990
request has been approved, state the Ordinance number
Has an application for rezoning been requested in conjunction
and if the~
Cross density of the proposed.d~velopzent. 13
units/acre.
Gross acreage of ~he proposed development. 33.8 acres.
4. 'Are affordable' ~d4i~g"density bonus .units sought in
co~junction with an ' a~plication ':
for a planned unit developzen~
(P~D)? X Yes No.
If yes, please state name and location of the PUD and any otb. er
identifying information. Saddlebrook Village: located at the
intersection of Davis Boulevard and Radio Road in Section 34,
Township 49S, Range 26 East, Collier County, Flori'da
Name of applicant John Jassy, trustee
Name of land deyeloper if not the sane as applicant
John Ja~sy _
Developer ~pplication ~or ~ffordable Housing Dens,t? ~enus
6. Please co=plete the following tables as they apply to ~h~
proposed development.
'TABLE I
Type of
Unit
Efficiency
One Bedroom
~wo Bedroom
Three Bedroom
Other Bedroom
Rental Occupied
TOTkL
TABLE II
MODISTE INCO.~fE
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
Other
438* N/A
* Bedroom mix of market rate units to be
determined at time of site development plan
application.
~ur-ber of ~ffordable Eou~:c Un!t~
Total Nu~er of Proposed Use for
Affordable Unit's Density Bonus Units
in Development
Renta I ~ner Rental ~ner
OccuPied
TOTAL
LOW INCOME
Efficiency
I Bedroom
· 2 Bedroom --
3 Bedroom
Other
NIA NIA NIA
44
88
44
.TOTAL 132 ' ' ' ....... . ....
132
Developer lpplication For Affordable ~ous!ng Denmlty Bonus
T~SLE IZ (Continue~)
VERY LOW INCOME
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
Other
Total l~unber of
Affordable Unite
in Development
Propomed Use for
:ensity Bonus
Units
Rental O'~ner Rental C~er
.. 9coupled ~
Please provide a physical description of the affordable units
by ty~e of unit (moderate, low, very lo'w thCS=e) and by n~'-her of
bedrooms. Include in your descri, ption, for example, t-he s~aare
footage of each type of unit, floor ~coverings used t, hroughou~ the
unit (carpeting, tile, vinyl floorin~); ~lndo'~ trea~ents;
appliances provided such as washer/d~--%er, dishwasher,
refrigerator; bathroom amenities, such as ceiling ew. haus~ fan~w
and any other amenities as..applicabla. Attach additional pages.
Attached as 'Exhibit A
8. Please supply any other information vhtch would reasonably be
needed to address this request for an affordable housing density
bonus for this development. Attach additional pa~es.
The affordable housing unlt= ~!ll b~ for icy
individual: and ~ill consist of 8~ two bedroom units and 4~ three
bedroom units. The minimum square footaq~ fcr the two and three
bedroom units will be 750 square feet. The floor coverings in
each unit will consist of carpeting a~d vinyl. Each uni~
contain bllnd~ or ~hade~ as ~indow treatments. Additionally,
eacl% unit will be equipped with a stove, refrigerator and
disposal. Bathrco~ amen~t£es will be provided pursuant to
Collier County Building Code. Common Area ~asher and dryer
fac~lities ~ill ~e provid~ in th~ deve!opnent.
1
:.:.t
STATE O? FLORIDA
COUNTY O? COLLi!R
I, JAMES C. GILES, Clerk of Courts in and for the
TwentieTh Sud.c.al Circuit, Collier County, ?lorlda, do
hereby certify ~h~ ~he fore~oin~ is a true copy of:
which was adop=ed by The Board of ~o~y Commissioners on
~he 2~th ~ay o~ June, ~99~, durin~ EeGular Session.
~iTNESS ~y hand and the official seal o~ the Board of
County Commissioners cf Collier County, Florida, this 1st
day of July, 199[.
JAMES C. GILES '" "" ;; ~:-
Clerk of Courts and Cl~-'l~~' '.. ~,,
Ex-officio to Board of'. '.
County Commt : ".
Kenyon ' ' ' "'
~ Deputy Clerk ' , ? .
EXECUTIVE SUMMARY
STAFF REVIEW AND RECOMMENDATIONS RELATIVE TO ORDINANCE 81-23, AS
AMENDED, ALSO KNOWN AS THE MYRTLE WOODS PUD, WHICH, ACCORDING
TO THE REQUIRED PUD STATUS REPORT SUBMITTED BY THE PROPERTY
OWNER/AGENT, HAS NOT COMMENCED CONSTRUCTION, AS DEFINED IN
SECTION 2.7.3.4 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE,
RESULTING [N SEVERAL POSSIBLE COURSES OF ACTION FOR THE BOARD OF
COUNTY COMMISSIONERS TO CONSIDER .
OBJECTIVE:
Staff is requesting that thc Board rc,,4cw slaws findings and recommendations regarding the above
referenced PUD.
' N
CONSIDERATIO, S:
This PUD was originally approved on Ma5' 5, 1981. Section 2.7.3.4 of the Collier Count}' Land
Development Code requires that the project developer submit an annual report on the progress of
development, commencing on the fifth anniversao' of the PUD approval by the Board of County
Commissioners. The singular purpose of this report is to evaluate whether or not the project has commenced
in earnest in accordance with the criteria set forth in Section 2.7.3.4. For those PUBs approved prior to the
effective date of adoption of the Land Development Code, the five year approval period commenced on the
adoption date. October 30, 1991. Therefore, the conditions set forth in Section 2.7.34. are applicable as of
October 30, 1996.
The above referenced PUD has been identified as a project which was approved prior to Octobcr 30, 1991
and which has not commenced construction as defined in Section 2.7.3.4. Staff has utilized the required
PUD status (monitoring) report, supplemented by field obsen'ation and review of in house records to verify
the current status of the PUD and as the basis of a recommendation to thc Board consistent with thc options
provided in Section 2.7.3.4 (1) & (2). Section 2.7.3.4 reads as follows:
2.7.3.4.
Time limits for approved PUD master plans. In the e~'ent that a PUD master
plan is given approval, and the landowner(s) shall:
Fail to obtain approval for improvement plans or a de~'elopment order for all
infrastructure improvements to include utilities, roads and similar improvements
required b)' the approved PUD master plan or other development orders for at
least 15 percent of the gross land area of the PUD site every five years of the date
of approval b.l' the Board of Cou.O' Commissioners; and
Fail to receive final local development orders for at least 15 percent of the total
number of approved dwelling units in thc PlaT), or in the case of Pla'Ds
consisting of nonresidential uses, 30 percent of the total approved gross leasable
floor area within the PUD every slx' years of the date of approval b)' the Board of
County Commissioners.
-1-
JAN 2 1 ~97
The project developer shall submit to the Planning Ser¥ices Director a status
report on the progress of development annually commencing on the fifth
anniversary date of the PUD approval by the Board of CounO. Commissioners.
The singular purpose of the report will be to evaluate whether or not the project
has commenced in earnest in accordance with the criteria set forth above.
Should the Planning Services Director determine that the development has
commenced in earnest, then the land shall retaln its existing PUD approval and
shall not be subject to additional review and consideration of ne~, development
standards or use modification.
Should the Planning Sen'ices Director determine that the development has not
commenced in earnest, then upon revle~, and consideratlon of the report
provided by the owner and an), supplemental information that may be provided,
the Board of CounO. Commissioners shall elect one of the follo~vlng:
To extend the current PUD approval for a maximum perlod of t~vo )'ears; at the
end of which time, the owner will again submit to the procedure as defined
herein.
Require the owner to submit an amended PUD in which the unlmproved portions
of the original Pb{D shall be consistent with the Growth Management Plan. The
existing PUD shall remain in effect until subsequent action br the Board of the
submitted amendment of the PUD. '
If the owner fails to submit an amended PUD within six months of Board action
to require such an amended submittal, then the Board mar' initiate proceedings
to rezone the unimproved portions of the original PUD to in appropriate ZOning
classlficatlon consistent with the Future Land Use Element of the Growth
Management Plan.
In the case of developments of regional impact, time limit restrictions shall be
superseded by the phasing plan and/or time limits contalned within the
application for deYelopment approval and approved as part of a development
order in conformance with F.S. ff380. 06.
..SYNOPSIS OF APPROVED La, ND USES AND DEVELOPMENT STRATEGIES:
This PUD contains 5.66 acres of land more or less and is located within the Urban Coastal Fringe
Subdistrict which is further located on the south side of U.S. 41 (Tamiami Trail) adjacent to the Tree Tops
PUD, and west of Naples Manor Subdivision The PUD provides for 1.79 acres of commercial uses (Tract
"A") and 387 acres ofresidential uses (Tract "B"). The uses ofland authorized by thc PUD are as follows;
A)
2.
Automobile sca'ice stations
Banks
3. Clothing stores
4. Cocktail lounges
5. Department stores
6. Funeral homes
7. Motels
8. New and used car dealerships
-2-
JAN g 1 1997
Pi, ~
9. Private clubs
10. Any other commercial u~e similar to the
foregoing uses and which the Planning
Services Manager determines to be compatible
~th the intent of this development.
B)
In addition to the above described uses, the following permitted principal uses and structures are
subject to site plan review,
I. Shopping centers greater than 25,000 square feet
2. Car washes
3. Equipment rentals
4. Vehicle rentals
5. Used car lots
c)
The PUD furthcr provides a maximum of 45 dwclling units on Tract "B" at a gross dcnsib' of
11.63 dwelling units per acre.
(~QNSISTEN([YY %qTH THE (~QMPREHENSIVE GROWTH MANAGEMENT PLAN:
The subject proper'q,.', which contains 5.66 acres, is designated Urban (Urban-Mixed Use District, Urban
Coastal Fringe Subdistrict) on the Future Land Use Map of the Growth Management Plan. This designation
permits residential development (variety of unit b'pcs) at a maximum density of 4 DU/A, except for
affordable housing projects; non-residential uses, such as churches and other co~nunit3.' facility uses; and
commercial and industrial uses subject to Iocational criteria.
The M?tle Woods PUD is approved for 45 dwelling units on 3.87 acres (11.63 DU/A), and i.79 acres of
commercial (3 lots). The projec~ is undeveloped Through the Zoning Reevaluation Program, applications
were approved for the residential portion of the PUD and one commercial lot. The other two commercial lots
were then de~ermined to comply with the Commercial Under Criteria provision contained in the Future Land
Use Element (FLUE).
Pursuant to FLUE Policies 5. I0 and 5. l l, and the Commercial Under Criteria provision, the Myrtle Woods
PUD is zoned consistent with the FLUE. Relative to other applicable consistency relationships the following
may be advised:
Traffic Circulation Element - The PUD is ccmsisaent with relevant policies of the TCE, however relative to
the Access Management Plan and the PUD Master Plan, and in recognition that Myrtle Lane is a local
residential cul-de-sac street, it may be inappropriate to f~nnel commercial traffic along Myrtle Lane into the
project. Access to the site from U.S. 41 shall be subject to an FDOT connection permit. If the FDOT will
not pro~4de said permit, then the project should be subject to a restriction on allowable commercial activities
on Tract "A" and access into the site. Also the petitioner shall provide substantial competent evidence to the
effect that the project is designed to provide capaci~' and treatment for historical roadway runoff.
Potable Water and Sanita~- Sewers Element - The PUD should clarify that connection is necessao' to the
County's sewer and water system and only one tie in shall be allowed. Florida State DOT permits arc
required for work within the right--of-way.
-3-
AG£N~JT~M
,.tAN 2 1 1997
In all other respects applicablc clements of thc GMP arc consistent ~th clement goals, objectives and
policies.
CONSISTENCY WITH THE (~OLLIER COUNTY LAND DEVELOPMENT ~QDE,
Thc PUD has been distributed to thc appropriate jurisdictional review entities specifically for review of thc
PUD for consistency with current land development regulations. Based on that review, thc following
consistency relationships have been identified.
Transportation: (Traffic impacts, Access marmgement, etc.) PUD stipulations do not address the potential
need for additional right-of-way when U.S. 41 is widened to six lanes, and does not address mm lane
improvements, deceleration lanes, traffic signalization and project access. This would not be acceptable
under current policies.
Landscape: (Buffers/Green space) No inconsistencies reported. The PUD provides that in the absence of
specific regulation thc provisions of thc LDC applies. In this case thc prov/sions of Div/sion 2.4
Landscaping applies to this PUD.
Environmental: - (Protected species, green/open space) No inconsistencies were reported, however staff
advises that in the event of an amendment, references to environmental regulations should be changed to
current references. The current PUD adv/ses that the then free standing ordinances applied. These have now
been consolidated into the LDC, however they still apply to this PUD.
Engineering/Site Development: (Sewer/water, drainage issues) No inconsistencies were reported however,
staff advises that in the event of an amendment certain development commitments should be changed to
reflect current code references.
PUD Development standards: Setback requirements from U.S. 41 and Myrtle Lane is fifteen (15) feet. This
is considerably less than the setback required by ans' commercial zoning ~istrict. Additionally the side yard
setback is zero or a minimum of five (5) feet whic~ is also less than similar zoning districts. A rear vard
setback of twenty-five (25) feet is consistent with historical PUD practice.
Building heights are authorized at a maximum height of one-hundred feet which is consistent ~Sth thc
maximum building heights of thc C4 zoning district adjacent to the site. This is the only commercial zoning
district which allows for one-hundred foot building heights. '
Development stzmdards w/thin the commercial land use section of the PUD arc silent to minimum lot area
and minimum lot w/dth for commercial land uses. The LDC ~'pically provides criteria for 100 foot
minimum lot widths and 10,000 square foot minimum lot areas. Development regulations speci['ing such
criteria is prov/ded in similar PUD's. Also the I/st of permitted principal uses should be modified to eliminate
inconsistent land uses given the size and location of thc PUD, (example: marinas, new car dealerships,
shopping centers, drive-in theaters, etc.).
STAFF COMMENTS:
While this PUD was found to be consistent during the ZRO process, the attached memorandum from the
Count3.' Anomey's Office indicates that such projects should be reviewed on a case by case basis. Based on
the provision of 2.7.3.4, the Board, on a case by case basis, may rev/ew projects to determine whether or not
any "vesting" status should be afforded a project. As part of this consideration relevan
findings and/or compliance with any developer commitments or propem' dedications
PUD zoning approval. '
-4-
It is the opinion of staff, ,,~bth respect to the Myrtle Woods PUD, that there is sufflcicnt justification to
require the o~er to submit an amended PUD. This PUD has been in existence for over fifteen years, and
development has not commenced to date.
Amended provisions should also deal with commercial development requirements that arc consistent with
current requirements of the LDC. Permitted principal commercial land uses should be reviewed to delete
inconsis~'m land uses. Permitted residential densit}' should be reviewed to determine a densiq,' which is
compatible with surrounding development. Environmental stipulations should be revised to achieve current
requirements Wile the utilities plan should be amended to require connection to the County's water and
sewer U.s'tem. The revised PUD should also contain language that requires submission of' a unified
architectural plan. Finally, inasmuch as the PUD is to be amended, references and PUD format should be
made consistent with current practice. Given thc extent of changes this amendment should be in the form ora
rczoning from PUD to PUD in which the current document is repealed.
FISCAL IMPACT:
A ~'o year ex'tension of this PUD Ordinance s~51l have no fiscal impact on Collier Count.,,'.
STAFF RECOMMENDATION:
Based on a comprehensive review of this PUD document, staff recommends that thc Board of Count}'
Cornrrussioners direct the owner/agent to submit an amended PUD within the time frame allowed by LDC
requirements
PREPARED BY:
PRINCIPAL PLANNER
REX, qEWED BY:
DATE
CURRENT PLANNING blANAGER
-, -
DON;~ .L~.. W. ARNOLD, AICP DATE
~NCENT A. CAUIERO. ADMINISTraTOR DATE
COMMUNI~' DEVELOPMENI & ENWIRONMENTAL SERVICES BIVISION
-S-
NO. ~
db, N 2 1
JAN 2 1
MEMORANDUM
To: David C. Weigel
~o~nty Attorney
From'." Marjofie M. Student
Assistant County Attorney
Date: November 18, 1996
Re: PUD Sunset'ting Concerns
I have several legal concerns regarding the sunsetting of PUDs should that involve
adjusting density' or land use. They are categorized in this memo. Additionally this is a response
to Attorney Richard Grosso's legal opinion to the Florida Wildlife Federation dated October 21,
1996.
I. Bert J. Harris. Ir. Private Property_ Rights Protection Act (Section 70.01. Florida Statutes)
First of all, I disa~ee with Nfl'. Grosso concemin2 the grandfathering language of the
Property Rights Act. He is correct in stating that subsection 2.7.3.4. of the Land Development
Code (LDC) dealing with PUD sunset'ting is not subject to the new law. However, he ignores the
fact that any PUD amendments necessary' to implement any BCC recommended changes to a
PUD document, including density reduction or a land use change, would require the adoption of
a new ordinance that would be subject to the Act. The date after which the law applies to
ordinance adoptions is May 1995. Subsection 2.7.3.5.5. of the LDC requires that any text change
to a PUD must be accomplished by ordinance. Moreover, Subsection 2.7.3.4 requires that should
the property ov.'ner not make the necessary PUD amendments required by the sunsening process
then the BCC has the authority to rezone the PD'D to an appropriate district. This too, would
have to be accomplished by an ordinance adopted after the "trigger date" set forth in the Act and
thus be subject to it.
I also disa~ee with Mr. Grosso on the density reduction issue for the following reasons.
No Florida court has yet had the opportunity' to construe any of the key terms in the Act.
Subsection 70.001(2) provides that [w]hen a specific action ora governmental entity has
inordinately burdened an existing use of real property or a vested ri~t to a specific use of real
property, the property owner ofthat real property is entitled to relief, which may include
compensation for the acrual loss to the fair market value of the property caused by the action of
the government. The key terms are "existing use", "vested right" and "inordi ~a~c b~,~rr~a ,
JAN 2 1 937
l~i~. _ "7
1
l%vcmb~r ! g, 1996
David C. Wcigd
PUD Sunsetti~g Conccr~
The Act defines an existing use as: 1) an actual, present us: or activity on the real
properly.; 2) periods of inactivity normally associated with or incidental to the nature or ~'pe of
use that lakes place on the property; 3) such reasonably foreseeable, nonspeculative land uses
which are suitable for the subject property, are compatible with adjacent land uses and which
have created an existing fair market value in the properlT greater than the fair market value of the
actual, present use or activity on the property. See Subsection 70.001(3)(o), Florida Statutes.
A vested right, as defined in the Act, is determined by appl)4ng the principles of equitable
estoppel or substantive due process under Florida common law or applying the statutory law of
the state. Subsection 70.001(3)(a), ~.
The Act defines an inordinate burden as an action by one or more governmental entities
that has directly restricted or limited the uses of the real property such that the property owner is
permanently unable to attain the reasonable investment backed expectation for the existing use of
the property or a vested right to a specific use of the real property with respect to the property as
a whole. Additionally, it can mean that the property owner is lef~ with existing or vested uses
that are unreasonable such that the property owner permanently bears a disproportionate shall of
a burden imposed for the good of the public which in fairness should be borne by the public at
large. See Subsection 70.001(3)(e), Florida Statutes.
There is no "bright line" test to determine what a vested right is. These types of cases in
Florida have been determined on a case by case basis. Since our Zoning Reevaluation Pro,am
was set up to deal with this issue, an argument could be made that any property that passed
th. rough fha; process and received an exemption pursuant to Subsection 106-40 of Article II,
"Zoning Reevaluation", Chapter 106, "Planning" of the Code ofkaws and Ordinances of Collier
County., Florida or a determination of vested status pursuant to Subsection 106-46 of that
Ordinance could claim vested status.
Moreover, the Act defines "existing uses" broadly including those that are reasonably
foreseeable, nonspeculative, compatible and have created additional fair market value on the
property over and above the existing use or uses. Rezones from less intense and less dense land
uses to more intense, higher density land uses could have the effect of increasing fair market
value as in the case ora rezone fi.om Estates to PUD or Agriculture to PUD - depending of
course, on the land uses permitted by the particular PUD. It is impossible to draw a "bright line"
here either as each PUD must be evaluated on its own merit. The opinion of a property appraiser
should be obtained as to the effect of the PUD zoning on o. ny given parcel of land as well as any
future downzoning on such parcel upon fair market value. However, an argument could be
made that any reduction in density or decrease in the intensity of land use on the PUD parcel
could decrease the fair market value ofthe property and thus trigger the Act.
An argument could also be made that any downzoning of the PUD property has created
an inordinate burden thereon since as a result, the reasonable, investment backed e~
the property owner are not capable of being attained. Of course, this is a question
JAN 2
l~'ovemb~: 18, 1996
David C. We'igel
PUD Stm. setting Concerns
Page 3
cannot be uniformly applied to every PUD subject to the sunsetting. The term "reasonable,
investment backed expectations" is not precise. In fact a recent article in the ~
Z~ stated that the concept of investment-backed expectations remains an ambi~ous
term that is difficult to apply. See "The Wisconsin Supreme Court Responds to Lucas", 48 Land
Use Law & Zoning Digest. No. 9 at page 6.
I therefore, conclude that in order for the County to stay within the Property Rights Act,
each PDT) must be evaluated on its own merit before any land use or density change can be
accomplished. Moreover, it is recommended that the Count>' work with the PUD property
owner to achieve a mutually beneficial result.
II. Vested Rights
Besides triggering the Bert J. Harris, Jr. Private Propem.' Rights Protection Act, if vested
rights are interfered with by a local govern.ment there is an equitable remedy in circuit court - that
being a determination of vested status and a resulting court order permitting the vested project to
occur as originally approved. The common law elements ofvested rights or equitable estoppel in
Florida are as follows: an act or omission ora governmental entity upon which the property
owner has relied in good faith and has made such a substantial change in position or incurred
such excessive obligations and expenses that it would be highly inequitable and unjust to destroy
the rights he acquired. Smith v. Ci~' of Clear, rater, 383 So.2d 681 ('Fla. 2d DCA 1980) These
matters are determined on a case by case basis. There is no "bright line" test. Therefore, any
dowr~zoning that may result from sunsetting of any PUDs should not interfere with a vested
right. Once again, any property, owner that was granted an exemption or determination of vested
rights through the County's Zoning Reevaluation process may be able to claim vested status so
far as density, or permitted land use is concerned. Moreover, any property or, mcr gaining PUD
approval since the adoption of the GNP may be able to ackieve vested status by the donation of
right-of-way, creation of easements for public purposes or other related expenditures in favor of
the public and also related to the proposed development.
III. Nature
In Porpoise Point Partnership v. St. Johns County_, 532 So.2d 727 (Fla. 5'~ DCA 1989),
the Court opined that the nature of PUD zoning requires cooperation between the property
owner and the zoning authority in creating the overall plan. Id. at page 728. The Court held that
a planned special development by its very nat'are must be sought by the property owner and
cannot be imposed over an owner's objection and thus invalidated a PUD rezone imposed solely
by the County. Id. at page 729. Collier County's PUD requirements are quite similar to the
planned special development requirements of St. John's County at issue in Porpoise Point.
While the case did not address PUD amendments, an argument could be made by a property
ov,'ner that due to the consensual nature of PUD zoning between it and the local government, a
PUD amendment cannot be imposed upon the property without the owner's consent. There is no
case law dealing with PUD amendments on this point. It is the opinion ofth,~'nte4 · 'q
'NovemSer 18, 1996 .
David C, Wei.?,el
PUD Sunsctvi~g Concerns
4
such a case, a court would balance the police power interests of the local government against the
private interests of the property owner in determining whether or not the PUD amendment is
valid.
IV. Other Concerns
Additionally, I am concerned that if densities are reduced too greatly the County may nm
afoul of the need to provide affordable housing pursuant to Subsection 163.3177(6)(0 of the
Growth Management Act. Additionally, there may be exclusionary zoning problems such as was
the case in South Burlin~on Coun~ NAACP v. Mt. Laurel Township, 67 N. J. 151,336 A.2d
713 (1975) where there were low density residential land use standards imposed uniformly
throughout the Township.
I hope this memo answers your concerns relating to PUD sunsetxing. Should you have
any further questions or comments, please advise.
h,/txvtm.m.s~memos,~,V¢igel Pt.,rD Sunse:~n~ Concerns
JAN ~ 1 !997
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P~SOLUTI ON 97- ,
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34
A RESOLUTION BY TME BOARD OF COU~ COMMISSIONERS OF COLLIER coLr~TY,
FLORIDA, pURSUANT TO SECTION 2.7.3.4 OF THE COLLIER COUNTY I~A~D
DEVELOPMENT CODE AFFECTING ORDINANCE 81-23 AL~O K~OWN A~ THZ MYRTL~
WOODS PUD, p~EQUIRING THE SU~MI~AL OF A PUD AMENDMENT; A~D PROVIDING
AN EFFECTIVE DATE.
WI~EREAS, the Myrtle Woods PUD, Ordinance 81-23, adopted on May 5,
1981, is subject to the provisions of Section 2.7.3.4., of t_he land
Development Code (LDC), Time' Limits for Approved PUD Master Plans; and
W~ERF. AS, the Board of County Commissioners has reviewed the PUD
and has de%ermined that the current PUD Zoning is inconsistent with
certain provisions of the Gro~ch Management Plan and the land
Development Code; and
NOW, THEREFORE BE IT R~SOLVED, by %he Board of Zoning Appeals of
collier County, Florida that:
1. The above recitals are adopted herein by reference as if
fully set forth herein.
2. This Resolution shall constitute evidence of compliance with
the review requirements of Section 2.7.3.4 of the LOC.
3. Pursuant to said section of the LDC, the property o%~ner or
agent shall submit an amended PUD to the Planning Services
Director prior to June 5, 1997.
This Resolution shall become effec%ive i~%mediately upon its
approval.
BE IT FLrRTHER RESOLVED that this Resolution be recorded in the
minutes of %his Board and in the records of the Petition for which the
extension is granted.
Commissioner offered the foregoing
Resolution and moved for its adoption, seconded by Commissioner , and upon roll call, the vote was:
PAGE
NO. ~
JAN £ ! 1997
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AYES:
NAYS:
ABSENT AND NOT VOTING:
ABSTENTION:
Done this
day of
, 1997.
BOARD OF COUNTY COMMISSIONERS
COLLIF. R COUNTY, FLORIDA
BY:
CHAIRMAN
ATTEST:
DWIGHT E. BROCK, CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
MARJORIE M. STUDENT
ASSISTANT COUNTY ATTORNEY
MYRTLE WOODS PUD/18865
PAGE
JAN 2
.,-
AN O~INANC~ ~NDI~G ORDIN~Cg 76-30~ ~
COMPREHENSI~ ZONING ~GU~T~ONS ~R ~:
~INCO~O~D A~A OF ~E CO~T~ A~ ~
P~NNING DISTRICT BY ~DING THE ZONING
ATLAS ~P NU~ER 50-26-9 BY CHANCING ~E
ZONING CLASSIFICATION FROM 'GRC' ~E~
~TAIL COF~RCI~ TO 'P~' PLIED ~IT
DE~LOPM~NT ON THE FOL~WING D~CRIBED
PROPERTY: LOTS 23-26, BL~K "A', ~RTLE
CO'~ AC~E, ~IT NO. 1; ~D BY PRO%~OING
'~ EFFECTI~ DATE
~ER~AS, Wilson, F~11er, Barton, Soll & Peek, Inc., repre-
senting }~. Craig Meffert, has petitioned the Board of County
Co..~..issioners to change the Zoning Classification of the herein
described real property;
NOW, THEP~PORE BE IT ORDAI~q~D by the Board of County
Commissioners of Collier Co%tnty, Florida:
SECTION ONE:
The Zoning Classification of the herein described real
property is changed from "CRC" General'Retail Commercial to
"PUD" Planned Unit Development and is subject to all the
conditions as required herein and the Zoning Atlas Map Number
50-26-9 as described in Ordinance 76-30 is hereby amended
accordingly:
SECTION TWO:
This Ordinance shall become effective upon receipt of
notice that it has been filed with the ~ecretary of State.
DATE: May 5. 1981 BOARD OF COD~qTY CO~ISSIONER~
COLLIER COUNTY, FLOR/DA
..'~ '-~r'L ~i
· .*' ..'. ,:,..:~=gfs= :'~ __ '
_.
STATE OF FLORIDA )
CO~T~ os COLL~E~ )
I, WILLIkM J. REAGAN, Clerk of Courts in and for
Twentieth Judicial Circuit, .Collier County, Florida, do hereby
certify.that the foregoing is a true original of: '
ORDINAI~CE NO. 81-23
which was adopted by the Board of County Co~missioners during
Regular Session May 5, 1981.
wITNEsS mk. hand and the official seal of the Board of
County Cor.nissioners of Collier County, Florida, this 6th day
Ma)', 1981.
WILLIAM J. REAG~.N
Clerk of Courts and Clerk
Ex officio to Board.ol=l~.~,;..~
County C _oTu.,issione~_~v: ..... :,.'i..:~..j~ '..
· ..- J.'fi
By ........ :..:
This ordinance filed ~,lth the Secretary of State's Office '" ....
'~he 14th day of ~ay, 1981 &n~ acknowledgement of that
~'11~ng received ~hli lSt. h ~a), of )ia),, 1901. . .-.....
.... ' ' Deputy Clerk ..... ,-.: .~...-r.'k--~.T~-.~.'::--~..--.~,.r-,,-~::o;~'.~";'.. ''
.... /2:,.'. (~: ..~:, ~ ,.'.~:~:,~.'..<~..,~:-~a~.',-.~ ':'.,.
PLANNED UNIT DEV~LOPME~..~T
FOR
MYRTLE WOODS
BY
C~AIG MEFF£RT
DOCUMENT PREPARED BY:
WILSON, MILLER, BARTON, SOLL & PEEK, INC.
(WAFAA F. ASSAAD, A.I.C.P.]
DATE ISSUED: Feb. 18,198~
DATE APPROVED BY CAPC:
DATE APPROVED BY BCC: .5-5-8~
INDEX
SECTION ! STAT£HENT OF CO~LI~C£
SECTION X! PROPERTY OWNERSHXP & DESCRIPTION 2
SECTIOn: III TRACT "A" - DEVELO~£NT REGULATIONS '3-6
SECTIOn: IV TRACT "B" - D£VELOPMENT REGULATICNS 7-8
SECTION V DEV£LOPM£:~T COMMITMENTS 9
STAT£H£NT OF
The development o~ 5.66 Rcres of property in Section 29, Township
50 South, Range 26 East, Collier County, Florida, as a Planned Unit
Development 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. The Myrtle Woods Planned Unit Development
will mee: the planning and development objectives for the following
reasons:
The proposed Land Use is compatible with the
surrounding uses.
The project :ares the necessary :at[rig points :o
determine it to have existing community facilities an&
services for the planned residential and
non-res£dential uses and the:efore £s not leapfrog
growth.
3) The project shall co~ply with the applicable toning and .
subdivision regulations and all other County and State
laws dealing with the development of the property.
4) An arterial ~oadway is in existence along the
northeastern boundary of the site.
5) The project will be served by County approved potable
water, wastewater treatment and water management
systems.
-1-
SECTION ~
PROPERTY OWNERSHIP & DESCRIPTION
~.~. LEGAL DESCRIPTION ·
Ail of Lots 23, 24, 25 & 26, Block "A" Hyrtle Cove Acres UntK
No. 1 according to the plat thereof as recorded in Plat Book
3, page 38, Collier County Public Records, Collier County,
Florida.
~.2. TITLE TO PROPERTY
Title to the property is currently held by Craig Merrett
Partners, {525 County Road 951, Naples, Florida 33999.
SECTION II
TPACT "A" - D~ELOPMENT REGULATIONS
2.1. Purpose. The purpose of this Section is to set forth the
regulations for the development of Tract "A" of this Planned
Unit Development.
Permitted Uses and Structures. No building or structure, or
part thereof, shall be erected, altered or used, or land or
water used, in wh61e or in part, for other than the
following:
A. Permitted Principal Uses and Structures:
(1) Antique Shopes
(2) Appliance Stores
(3) Art Studios
(4] Art Supply Shops
(5) Automobile Parts Stores
(6) Automobile Service StatiOns without repairs*
(7) Awning Shops
(8) Bait & Tackle Shops
(9) Bakery Shops
(10) Banks and Financial InstitutiOns
(11) Barber and Beauty Shops
(12) Bath Supply Stores ·
· - (13) Bicycle Sales and Services
(14) Blueprint Shops.
(15) Bookbinders
(16) Book Stores
(17) Business Machine Service
(18) Carpet and Floor Covering Sales - WhiCh may include
storage and installation.
(19) Churches and other places of worship.
(20) Clothing Stores
(21) Cocktail Lounges*
(22) Commercial Recreation Uses - ~ndoor
(23) Com~ercial Schools
(24) Confectionery & Candy Stores
(25) Delicatessens
(26) Department Stores
(27) Drug Stores
(28) Dry Cleaning Shops
(29) Dry Goods Stores
(30) Electrical Supply'Stores
(31) Florist Shops
(32) Fraternal and Social Clubs*
· In accordance with applicable supplementary district regulation of
the zoning ordinance in effect at time of application for bulldipg
permits.
(33
(34
(35
(36
(37
(38
(39
(40
(42
(43
(44
(46
47
49
50)
51)
52)
(53)
(55)
(56)
(57)
(59)
(60)
C6~)
(62)
(63)
(64)
(66)
'(67
(6{3
(69
(7O
(77
(72
(73
(74
(75
(76
(77
(78
(79
(8O
Funeral Hones - May include accessory residence
Furniture Stores
Furrier Shops
Garden Supply Stores - Outside Display in rear
General Offices
Gift Shops
Glass and Mirror Sales - Which may include storage
and installation
Gourmet Shop
Hardware Stores
Hat Cleaning & Blocking
Health Food Stores
Hobby Supply Stores
Hospitals
Hotels
Ice Cream Stores
Interior decorating Showrooms and Office
Jewelry Stores
Laboratories - Film, Research and Testing
Laundries, Self-Service Only
Leather Goods
Legitimate Theatres
Liquor Stores
Locksmith ~
Marinas
Markets, ~ood
Markets, Meat
Medical Clinics
Millenary Shops'
~:otels
Motion Picture Theatre~
Museums
Music Stores
New Car Dealerships - Outside display'permitted
News Stores · '
Office Supply Stores
Paint and Wallpaper Stores
Pet Shops ~
Pet Supply Shops
Photographic Equipment Stores
Pottery Stores
Printing, Publishing and Mimeograph Service
Private Clubs
Professional Offices
Radio and Television Sales and Services
Research and Design Labs
Rest Home~ and Sanitoriums
Restaurants, not including drive-ins
Retail Fish Markets
(84)
(05)
(86)
(87)
(es)
(89)
(90)
(91)
(92)
'(93)
(94)
(95)
(96)
(81) Shoe Repair
(82) Shoe Stores
(83) Shopping Centers - less than 25,000 square feet
gross floor area on ground floor
Souvenir Stores
Stationery Stores
Supermarkets
Tailor Shops
Taxidermists
Tile Sales - Ceramic Tile
Tobacco Shops
Toy Shops
Tropical Fish Stores
Upholstery Shops
Variety Stores
Vehicle Rental - Automobiles only
Veterinarian Offices and Clinics - no outside
kennels
(97) Watch and Precision Instrument Repair Shops
(98) Drapery Shops
(99) Any other commercial use or professional service
which is comparable in nature with the foregoing
uses and which the Director determines to be
compatible in the district.
B. PERMITTED PRINCIPAL USES At;D STRUCTURES SUBJECT TO SITE
PLAt; ~EViEW:
"
(1) Shopping Centers - More than 25,000 square feel
gross floor area on grour%d floor.
(2) Cor.mercial Recreation - Outdoor
(3) Drive-In Theatres
(4) Car Wash "'
(5) Residence in conjunction with business
.(6) Child Care Center
(7) Permitted use with less than 1,000 square feet gross
floor area in the principal structure..
(8) Equipment Rentals-Including lawn mowers, power saws, .
etc.
(9) Vehicle Rentals
(10} Used Car Lots
PERMITTED ACCESSORY USES AND STRUCTURES:
Accessory uses and structures'customarily associated with
uses permitted in this district. ·
-5-
0o
,ct
2o4~
2..5.
2.6.
2,8.
2.9.
2.10.
2.11.
Hinimum Lot Area: None
Minimum Lot Width: None
Hinimum Yard Requirements:
A. Depth of Front.Yard Setback - Fifteen (15)'feet in whi¢~
no parking space shall be allowed.
B. Depth of Side Yard Setback - None or a minimum of five
($) feet with unobstructed passage from front to rear
yard.
C. Depth of Rear Yard Setback - ?verity-five {25) feet.
Minimum Floor Area of Principal Structure: One Thousand
(1,000) square feet per ~u~ld~ng on the ground floor.
Ma×tmum Hei~ht: One Mundred (100) feet above the finished
grade o~ the Lot.
' In order to comply with £he minimum flood elevation
requirements, the maximum height of a structure shall be
measured from the minimum base flood elevation required by
the Flood Elevation Ordinance.
Minimum Off-Street Parkin~ and Off-Street Loadinq ,
Re~uirments:
As required by zoning ordinance in effect at time of
application for ~uilding permits.
Minimum Landscaoin~ Reou~rment$: As required by zoning
ordinance Xn e~fect at time of application for building
permit.
Limitation On Sign~: As required by zoning ordinance in'
e~fect at time o~ application for building permit.
Merchandise Storage and Display: Unless specifically
permmtted for a gxven use, outside storage or display of
merchandise is prohibited.
-6-
S£CTION III
TRACT -n' - DEVELOPMENT REGULATION
'3.1 .
3.2.
PURPOSE: The purpose of this section is to set forth the
regulation for the ~evelopment of Tracts
PEP~ITTED USES & 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} Multi-Family Dwellings
(2) Water Management facilities and lake(s).
B. Permitted Accessory Uses and Structures
(l) Customary accessory uses and structures.'
(2) Signs
(3) Recreati%nal facilities
C. Permitted Uses and Structures subject to Site Developmen
Plan Approval.
(1) Single family dwelling(s).
3.3.
MAXIMUM DENSITY: A maximum of 45 units.
MINIMUM YARD REQUII~EMENT:
A. Depth of front yard - Thirty (30) feet plus one (1) foot
for each two (2) feet of building height over thirty (30)
feet.
B. Depth of side yard - Fifteen (15) feet plus one (1) foo~
for each two (%) feet of building height over thirty (30)
feet.
C. Depth of rear yard - Thirty' (30) feet plus one (1) foot
for each two (2) feet of building height over thirty
feet.
3,5.
3.6.
9°7.
3.8.
D. Distance between Structures:
The distance between any two {2) principa! structures
shall be fifteen {151 feet o~ a distance equal to
one-half (1/2) the sum of their heights, whichever is the
greater.
MINI~U~ FLOOR ~£X OF ~RINCIPA~
A. ~50 Square feet pe~ dwellSng unit (minimum o~ 40% of the
total numbe~ o£ units).
~. ~75 Square feet pe~ unit (maximum of 60% o~ the to~al
numbe~ of units).
MAXIMUM HEIGHT OF STRUCTURES:
Three (3) stories above the finished grade of the Lot.
In order to c~mply 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.
MINIMUM OFF-STREET PARKING: As required by the zoning
ordinance in effect at time of application for building
permit.
LIMITATION ON SIGNS: As permitted by the zoning ordinance in
effect at time of Ypplication for building permit.
-B-
4.2°
4°3.
4.4.
DEVELO~£NT COmmITMEnTS
~CCESS FOR TP~CT 'B'~
Access to Tract 'Bm shall be from U.S~-41 across Tract 'A"
Commercial (Tracts °A', and 'B' are identified on Drawing
File No. R2-31 issued by Wilson, Miller, Barton, Soll& Peek,
Inc.)
WATER SUPPLY: ·
Potable water shall be supplied by the extension of the
existing Collier County Water System, in front. The design
and construction of the potable water distribution system
shall comply with all applicable local and state
regulations.
WATER MANAGEMENT:
The Water Management System shall comply with the
requirements of the South Florida Water Management District
and Collier County. The final water management system design
shall be reviewed and approved by the County Engineer, prior
to Commencement of Development.
SANITARY SEWAGE TREATMENT:
A sanitary sewage system shall be provided to comply with all'
applicable local.and state requirements. Until such time as
an area wide/County system is made available for connection,
this development shall be connected to the approved Bruce
Mumm/TreetOpS sewer treatment facility, which is partly and
jointly owned by Bruce Mumm and Craig Merrett, and which
~hall be expanded to accommodate this development.
This connection is temporary and connection to a County
(District) system shall be made at no cost to the District
when such becomes available.
The currently established rates are.as follows:
Multi-family Residential $ I1.00 per mont'/per unit
Commercial Uses $ 22.00 per month/per t~llet
fixture
Future ~ate increases shall be fair and equitable to all
partie~ involved and shall be reviewed and approved by the
Board of County Commissioners prior to their implementation.
Rates shall also be reviewed at periodic intervals to
determine their adequacy and fairness.
--9--
4.5.
T]IAFFIC CIRCULATION REVIEW:
· At the time of development plan approval, adequate' internal
traffic circulatlon must be provided on the development plan
for the review and approval by the County Traffic Planner.
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ltllil¢OlIlli'~-l, fI)lt. TION T'R',aT TIlE BOJtI:ID OF COU~
COIIli~IONER8 15HORII 8T~F ~ ~PLY
FOR TH~ P~XT~ ~ FXL~ ~ ~ ~~ ~O~
~~IT~.
OBJECTIVE: To have the Board of County Commissioners authorize staff to apply for permits to fill a lake
area known as 'Ayala Lake' in ImmokaJee and rid the surrounding area of a safety and health hazard that
has been a problem in that area for many years.
CONSIDERATIONS: There exists in Section 4, Township 47, Range 29, a lake-pit area which is not a part
of the County's drainage system or any other stormwater managemer~t program. For years this area has
been a dumping ground for litter, abandoned property, and bodies (as documented by the attached letter
from the Collier County Sheriffs Department). This lake-pit area is also a breeCmg ground for mosquitoes
and other conditions which negatively impact the safety and health of the area. The owner of this parcel,
Mr. Jesus Ayala, is in prison serving a ten (10) year sentence on a drug conviction.
Staff has spoken with various contractors in Collier County who, in an effort to clean up this area, are
willing to donate material to fill this lake-pit area provided the necessary permits are obtained. The owner
of the property, Mr. Ayala, has signed a Right of Entry granting Collier County, its agents, contractors or
assigns, a license and right to enter upon the aforementioned lands for the express purpose of filling this
lake area.
FISCAL IMPACT: The cost of permit a;plications and possible water quality sampling will be no more
than $800. Funds are available in Fund 111, Reserves for Contingency. The fill material will be provided
by local authorities and 'contractors at no cost.
GROWTH MANAGEMENT IMPACT: Objective 111.2, Policy 111.2.2, of the Immokalee Future Land Use
Element of the Growth Management Plan provides that "Collier County shall promote the conservation and
rehabilitation of housing in Immokalee neighborhoods - - - Assist in upgrading existing neighborhoods
through active code enforcement, removing blighting influences, e.g., abandoned vehicles, and
concentrating capital improvements, e.g., road paving, park development, in such neighborhoods". A
'blighted area" is defined as "an area in which there are a substantial number of deteriorated or
deteriorating structures and other conditions which endanger life or property and are detrimental to the
health, safety, and general welfare of the community*.
RECOMMENDATION: That the Board of County Commissioners authorize staff to apply for the
necessary federal, state and local permits to fill the lake area known as 'Ayala Lake" with clean fill as
defined by FAC 62-701-200 (11) and approve a budget amendment to accommodate the cost of those
permits.
Linda P. Sullivan, Director
Code En/f~f'cement Dept. j -
'Zincent A. Cautero, Administrator
Community Dev. & Env. Svcs.
',[?
JAN 2 1 1997
RIGHT OF ENTRY
KhlOW ALL MEN BY THESE PRESENTS that Jesus Ayala. a single man,
whose mailing address is 225 New Market Road, Immokalee, Florida 34142,
hereinafter known as Grantor, for and in consideration of Ten Dollars ($10.00) and
other valuable consideration to it in hand paid. does hereby grant unto COLLIER
COUNTY. a political subdivision of Ihe State of Florida, its agents, contractors or
assigns, whose mailing address is 3301 Tamiami Trail East, Naples. Florida 34112.
hereinafter known as GRANTEE, a license and right to enter upon the lands of the
Grantor. for the express purpose ol filling the lake area (pit} or the property described
in Exhibit 'A' with inert waste materials, including but not limited to, bdck, block,
concrete, rock, stone, earth and sand, free from contamination or other types of waste,
and capable of serving as fiII material without harm to, or pollution of, ground or surface
waters.
THIS RIGHT OF ENTRY authorizes the Grantee to act on behalf of Grantor to
obtain all necessary permits from the regulatory agencies, including, but not limited to.
the U.S. Army Corps of Engineers and the Florida Department of Environmental
Protection. to complete t~e filhng of lhe lake area.
ALL RIGHTS AND PRIVILEGES herein granted shaII terminate five years from
the date of execution of this right of entry. Provided .hcwever, the Grantee may
extend the right of entry for t',.;o years by providing written nctlce to Grantor prior to the
tenminaticn of this right of entry.
ADDITIONALLY, the rights and in[erest conveyed hereu~d'er are conditioned
upon the reasonable exercise thereof by Grantee. Grantee aDr~es to indemnify the
Grantor for a~l claims, causes of action and costs claimed ag-~J,".~t Grantor as a result of
Grantee's use of the p;cF-.e~y descdbe~ in Exhibit "A".
FURTHER, Gra,",tee shall have the option to purchase the property described in
Exhibit 'A" for the sum of ten dollars. Grantee shall exercise the option by providing
written notice to Gran(or by certifie~ mail within five years from [he date of execution of
this right oi' entry.
IN WITNESS WHEREO~ the Grantor has caused these presents to be
executed in its name this. -~o day of ~---L--~,,G~:N'?_ .1995.
WITNESSES: GRANTOR:
(1) ,
signature
Print e'.,.'Typ ed Name
(2)
signalure
Pnnte~,'Tygecl Name
J/ N 2 1 1997
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
,1996, by Jesus Ayala, who is personally known to me or has produced
as identification.
Notary Public
A'FI'EST:
DWIGHT E. BROCK, Clerk
Printed/Typed or Stamped Name
GRANTEE:
BOARD OF COUNTY COMMISSIONERS
By:
Chairman
^G£NDA ITEM
JAN 2, 1 1997
Notary Public
Prtn:e'-.-'Ty;3e~ or
Collier County G~,t. Complex Bldg. - J
3301 Tamiami Trail East, Naples, FL 33952
Telephone (AC 941) 774-4434
October 4,
Code FnfOl'~rn~nt. Coli.[e.r Cotmt)'
106 South l~ Street
Immokalee, Florida 34142
Per our rece~ conversation, I mn subm/tffno this letter as an effort to alleviate a Froblem area here
~ Immakalee. TI~ m-ca ~a que~don is Ioea[ed c~ South 3rd Siteek bekizd the "Paradise Flop
Hous~ (a ro,mdog hou_~). This ~'nn~ll body of waka- (r~teation pond,'??) i~ not;~aly aa ~sca,~ but
al~o a health h~?arcl. It bas become a d~:npia8 ground to everything fr~m tra~ to refrigerators.
Nknf~Y~ .'.mk:~.cat~l l~rsona haw ,tumbled izto thia pond Eom th, area of th". room~n~ house I
up the south s)de of town, th~ would surely be a giant step in the righf2k~'fion.
I would greatly aplar~i~ ~ that could be accomplished with this property, pref~rablT,
fill;rig it in ~the b~erL~a O~ce ca.a be ofazzy a~sL~ta.n~, please contact me at the Tmmo -ka.]ee
Sub~tation.
Very tzuty your~
Lt.~~"~p- N262 ' ' -
AG£NDA. ITrM
JAN 2 1 i997 '
~TUR3tL RESOURCES DEPARTM//~T
~EMOKANDUM
TO:
FROM:
DATE:
RE'
Gary Harrison, Code Enforcement Investigator
. ~
William D. Lorenz Jr~.,~P.E., Director
Natural Resources Department
October 23, 1996
Ayala Lake Filling
Please note that we have determined that the County will have to
file an Army Corps of Engineers (ACOE) Nationwide 26 Permit and
send formal notice of the permit application to the Florida
Department of Environmental Protection. The permit application
should describe the history of the problem, the owners permission
(Right of Entry) and how and what types of material is to be used
as fill. We will also provide the water quality analyses that
were taken in 1987. We would expect it to take a'=inimum of 30
days for the ACOE to issue a permit with a more li~ely time frame
of 60 to 90 days. ~.
John Boldt has indicated that the lake is not part of the
County's drainage system or any other storm~ate~ management
system, indicating we should have not drainage~problems with
filling the lake. We do recommend that no iron or steel (except
concrete reinforcement materials) be used as fill because of high
iron concentrations in the water (1987 lab data). We also
recommend that the County have formal controls on the fill
brought into the site.
I can have my staff complete the application and obtain the
permits for you after the BCC approves the project. I recommend
that your Executive Summary should have the following in its
Recommendation Section:
"Authorize staff to apply for the necessary federal,
state, and local permits to fill the lake with clean
fill as defined by FAC 62-701-200(11)."
,JAN ~ 1 1@97
Note in the Fiscal Impact Section that the cost of permit
applications and possible water quality sampling will be less
than $800.
Please let me know if you need any more information. Give me or
Mac Hatcher a call at 732-2505 if you have any questions.
cc:
Vincent A. Cautero, Administrator
Community Development and Environmental Services
Linda Sullivan, Code Enforcement Director
Deborah Pack-Preston, Comprehensive Planning
Special Projects File
WDL:jaa/10005
.l
JAN 2 1 1 '-37
29. "BICYCLE A~ ~EDESTRIANWAYS" means any road, path, or way
which is open to bicycle travel and traffic afoot, and from which
motor vehicles are excluded. Rule 9J-5.003(8), F.A.C.
30. ,'BLIGHTED AREA" means an area in which there are a substantial
number of deteriorated or deteriorating structures and other
conditions which endanger life or property and are detrimental to
the health, safety and general welfare of the community.
31. "BULKY WASTES" means items whose large size or weight precludes
or complicates their handling by normal collection, processing, or
disposal methods.
32. "CAPITAL BUDGET" means the portion of each local government's
budget which reflects capital improvements scheduled for a fiscal
year. Rule 9J-5.003(9), F.A.C. .
33. "CAPITAL IMPROVEME~T" means physical assets constructed or
purchased to provide, improve, or replace a public facility, and
which are large scale and high in cost. The cost of a capital
improvement is generally non-recurring and may require m~lti-year
financing· For the purpose of this rule, physical assets which
have been identified as existing or projected needs in the
individual ccr:prehensive plan elements shall be considered capital
improvements Rule 9J-5 003(10) F.A.C.
· ' ' °F
34. "CARRYING CAPACITY" means the level of recreational development
that a particular site can support without detrimental impact to
the natural environment of the site. '~
35. "CLOSURE" means the time at which a reso'~rce recovery and
r, anager, en~ facility ceases to accept wastes,'and includes those
actions taken by the owner or operator of the facility to prepare
the facility for any necessary monitoring and maintenance after
closing.
36. "COASTAL AREA" means:
that when preparing and implementing all requirements of
the coastal management element except those requirements
relating to hurricane evacuation, hazard mitigation,
water quality, water quantity, estuarine pollution, or
estuarine environmental quality, the coastal area shall
be an area of the local government's choosing; however,
this area must encompass all of the following where they
occur within the local government's jurisdiction: water
and submerged lands of oceanic water bodies or estuarine
water bodies; shorelines adjacent to'oceanic waters or
estuaries; coastal barriers; living marine resources;
marine wetlands; water-dependent facilities or water-
related facilities on oceanic or estuarine waters; or
public access facilities to oceanic beaches or estuarine
OBJECTIVE III.2:
Collier County shall promote the conservation and rehabilitation of
housing in Immokalee neighborhoods.
Expansion of urban facilities and services should enhance or maintain
the viability of existing urban residential areas. Needed public
infrastructure improvements in these areas should receive priority in
the County's Capital Improvement Element.
Assist in upgrading existing neighborhoods through active code
enforcement, removing blighting influences, e.g., abandoned vehicles,
and concentrating capital improvements, e.g., road paving, park
development, in such neighborhoods.
Within one year of adoption of this plan, the County's Solid Waste
division shall create a mandatory garbage pick-up program in
Immokalee.
Doc.Weft ,ITqgI)~AIGM
- :'.' - 20 -
JAN ~ 1
EXECUTIVE ~UMMARW
STAFF REVIEW AND RECOMMENDATIONS RELATIVE TO
ORDINANCE 91-91, AS AMENDED, ALSO ICNOWN AS THE EAST
TRAIL RV PARK PUD, WHICH, ACCORDING TO TFIE REQUIRED
PUD STATUS REPORT SUBMITTED BY THE PROPERI'T
OWNER/AGENT, HAS NOT COMMENCED CONSTRUCTION, AS
DEFINED IN SECTION 2.7.3.4 OF TFIE COLLIER COUNTY LAND
DEVELOPMENT CODE, RESULTING IN SEVERAL POSSIBLE
COURSES OF ACTION FOR THE BOARD OF COUNTY
COMMISSIONERS TO CONSIDER.
OBJECTI~,T: Staff is r~uesting that the Board review staffs findings and
recommendations regarding thc above referenced PUD.
.CONSIDERATIONS: This PUD was orieinallv approved on September 24, 1991.
Section 2.7.3.4 of the Collier County Land ~evel~pment Code requires that the project
developer submit an annual report on the progress of development, commencing on the
fifth armiversav,, of the PUD approval by the Board of Counv,' Commissioners. The
singular purpose &this report is be to evaluate whether or not the'project has cornmenced
in earnest in accordance with the criteria set forth in Section 2.7.3.4. For those PUD's
approved prior to the effective date of' adoption of the Land Development Code, the five
.,,'ear approval period commenced on the adoption date, October 30, 1991. Therefore, the
conditions set forth in Section 2.7.3.,1. are applicable as of October 30, 1996.
The above referenced PUD has been identified as a project which was approved prior to
October 30. 1991 and which has not commenced construction as defined in Section
2.7.3.4. Staff has utilized the required PUD status (monitoring) report, supplemented by
field observation and review of in house records to verify, the current status of' the PUD
and as the basis of a recommendation to thc Board consisient with the options pro'tided in
Section 2.7.3.4 (l) 8: (2). Section 2.7.3.4 reads as follows:
2.7.3.4.
77me limits for approved PUD master plans. In the event that a
PUD master plan is gA'eh approval, and the landowner(s) shall:
Fail to obtain approval for improvement plans or a
development order for all infrastructure improvements to
include utilities, roads and similar improvements required by
the approved PUD master plan or other de~'elopment orders for
at least 15 percent of the gross land area of the PUD site every
jTve years of the date of approval b.l' thc Board Of CounO,
Commissioners; and
Fail to receive final local development orders for at least I5
percent of the total number of approved ahcelllng units in the
PUD, or in the case of PUD's consisting of nonresldentlal uses,
30 percent of th e total approved gross leasable floor area within
the PUD ever), slx years of the date of approval by the Board Of
Count)' Commlssloners.
The project developer shall submit to the Planning Services
Director a status report on the progress of development
annually commencing on the fifth anniversary date of the PUD
approval by the Board Of County Commissioners. The
singular purpose of the report will be to evaluate whether or
not the project has commenced in earnest in accordance with
the criteria set forth abov~
Should the Planning Services Director determlne that the
de,'elopment has commenced in earnest, then the land shah
retain its txistlng PUD approval and shall not be subject to
additional revle~v and consideration of ne~v development
standards or use modification.
Sh au Id th e Plannlng Services Director determln e th at th e
development has not commenced in earnest, then upon revltn¢
and consideration of the report provided by the owner and an)'
supplemental information that may be provided, the Board Of
CounO, Commissioners shah elect one of the followlng:
To extend the current PUD approval for a maximum period of
t~vo ).ears; at the end of which time, the owner will again
submit to the procedure as defined herein.
Require the owner to submit an amended PUD in which the
unimproved portions of the original PUD shall be consistent
with the Growth Management Plan. The e. xisting PUD shall
remain in effect until subsequent action b)' the Board of the
submitted amendment of the PUD.
If the owner fails to submit an amended PUD within slx
months of Board action to require such an amended submlttal,
then the Board ma)' initiate proceedings to rezone the
unimproved portlons of the original PUD to an appropriate
zoning classification consistent with the Future Land Use
Element of the Groat'th Management Plan.
In the case of developments of regional impact, time limit
restrictions shall be superseded by the phasing plan and/or time
limits contained within the application for devclopment
2
approval and approved as part of a development order in
conformance with F.S. ff 380. 06.
$¥n0DsiS 0f Am)roved L~nd USes:_ This 20.20 acre PUD was approved for 115 Travel
Trailer Recreational Vehicles ('I'I'RVC) units, It also includes 3,16 acres of detention and
preservation space along with .$6 acres for a recreation area.
Consistency with Comprehensive Growth Management Plan: Thc subject ?UD is
designated Urban Coastal Fringe on thc Future Land Usc Element (FLUE) of thc Growth
Ma.r~gement (GMP). This designation allows for a maximum of 4 dwclling units per acre
and 12 TTRVC units per acre. Since this PUD is approved for 115 TTRVC units on
20.20 acres, the resulting density of 5.7 units per acre is deemed to be in compliance v,-Jth
the Density Rating System of thc Growth Management Plan. Thc PUD is also consistent
with the Traffic Circulation Element and the Open Space/Natural Resource Element vcith
minor revisions to the PUD document.
...Consistency with the Collier County Land Development Code: Thc PUD has been
distributed to the appropriate jurisdiction review entities specifically for review of the PUD
for consistency with current land development regulations. Based on that review, the
following inconsistencies have been identified:
Transportation: Section V of the PUD (traffic impacts, access management, etc.)
No inconsistencies were reported however, staff advises that certain references should be
changed to reflect current administrative regulation if the PUD is to be amended.
Environmental: Section VIII of the PUD (protected species, green and open spaces)
No inconsistencies were reported however, staff advises that certain references should be
changed to reflect current references if the PUD is to be amended.
Engineering: Section VI of the PUD (sewage/water, drainage issues)
No inconsistencies were reported however, staff advises that certain references should be
changed to reflect current administrative regulation if the PUD is to be amended.
STAFF COMMENTS:
Staff is of the opinion that there is insufficient justification to require a owner to submit an
amended PUD simply because the PUD references codes that are now consolidated into the
Land Development Code, or otherwise have references of administrative import that have
been changed in the most recent LDC change. These references are not made invalid
because the.,,' changed or are otherwise placed in a different legislative d,~."umc~9~£'~tv
JAN 2, 1 t997
closest or most sirrdlar relationship to current references applies in the administration o£
PUD development commitments, More importantly, is whether or not there is any absence
of development commitments needed to make the PUD consistent with today's code
requirements. Staff review does not indicate that there are an)' inconsistencies or omissions
t, Mt are now necessary, to achieve current Land Development Code requirements as made
applicable to subsequent required development approvals (i.e. Platting and/or SDP's).
FISCAL IMPACT: An amendment to this PUD, as recommended by staff will have
no fiscal impact on Collier Count)' as the appropriate PUD amendment and other
applicable fees will cover the cost of staff time associated with review of said amendment,
and the cost of advertising and public notice.
~TAFT RECOMMENDATION: Based on a comprehensive review of this PUD
document, recommends that the Board of CountS.' Commissioners grant a ~'o )'ear
e.,aension of the East Trail RV Park PUD per the attached resolution.
PREPARED BY:
RAY (I~ELLOWS
PRINCIPAL PLANNER
/-7-77
DATE
REX. qEWED BY:
· ' 1CP DATE
CURRENT PLANNING MANAGER
~' / , /
DONALD W. ARNOLD, AiCIL-,, bATE
PLANNING SER~CES DEPARTMENT DIRE~OR
VINCENT A. CAUTERO, ADbllNIST~tTOR DATE
COMMUNI~' DEVELOPMENT ~ ENVIRONMENTAL SERVICES DIVISION
'JAN 2 1 19S7
RIU:OT,IITT ON
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A RESOLUTION BY TIlE BOARD OF COUNTY COMHZSSION£RS OF COLLIER COUNTY,
FLORIDA, PURSUANT TO SECTION 2.7.3.4 OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE AFFECTING ORDINAN¢~ 91-~1 ALSO KNOWN AS EAST TRAIL
PA~K PUD, ~XTENDING TII~ CUR~NT PUD APPROVAL TO JANUARY 2~, ~999~ AND
PROVZD~NG AN EFFECTZVE DATE.
WII£R~AS, the ~ast Tral! RV Park PUD, Ordinance 91-91 adopted on
September 2~, 19)l, is subject to the provisions of Section
of the Land Development Code (LOC), Time Limits for Approved PUD
Zoning Districts together with their respective Maater Plane; end
WH[REAS, tho PUD woe adopted consistent with and under the
provisions of the Collier County ~ro~th ~anagement Plan; and
WH£REAS, the Board of County Commiaelonara has reviewed the PUD
and has determined to extend the current PUD Zoning for two years,
until January 21, 1999; and
NOW, THEREFORE BE ~T RESOLVED, by the Board of Zoning Appeals of
Collier County, Florida that:
1. The above recitals are adopted herein by reference as if
fully set forth herein.
2. This Resolution shall constitute evidence of compliance with
the review requirements of Section 2.7.3.4 of the LDC.
3. Pursuant to said section of the LDC, the current PUD approval
is hereby extended to January 21, 1999; at the end of which time
the owner shall submit to the procedures in LDO Section 2.7.3.4.
This Resolution shall become effective immediately upon Its
approval.
BE IT FURTHER RESOLVED that this Resolution be recorded in the
minutes of this Board and in the records of the Petition for which the
extension is granted.
JAH
P~.,
PAGE 1 ,
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CommleeJonor offered the foregoing
Resolution and moved for 1ts adoption, seconded by Commissioner
AYES:
NAYS:
ABSENT AND NOT VOTING:
ABSTENTION:
Done
, mhd upon roll call, the vo:e vas:
dny of
, 1997.
DOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
12
13 BY:
14
15
16 ATTEST:
17 DWIGHT E. BROCK, CLERK
18
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2O
22 APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
24
27 ASSISTANT COUNTY ATTO~TEy
28
2g r. AST TRAIL RV PA~.K PUD/19149
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34
TIMOTHY L. HANCOCK, CHAIPJ~AN
EAST TRAIL RV PAR,;(
A
'A PLkNNED TRAVEL TRAILER RECREATIONAL VEHICLE COMMUNITY
BY
LEO PETRONZIO, MARION B. A."w%TO AND JOHN COLAGIOVA:~NI
PREPAR£D BY:
~NCHOR/A.M. ERICAN ENGINEERING COMPANY
790 E~R~OUR DRIVE
NAPLES, FLORIDA 33940
REVISED 9/12/91
DATE FILED.
DATE
DATE REVIE%~D BY CCPC.
DATE APPROVED BY CC~C
ORDINANCE NUMBER
91-91
SECTION I
SECTION IX
SECTION 2II
SECTION IV
SECTION V
SECTION VI
SECTION VII
INDEX
LIST OF EXHIBITS
~T~TEMENT OF COMPLIanCE & SHORT TITLE
PROPERTY O~ERSHIP AND DESCRIPTION
PROJECT DEVELOPMENT
TRAVEL TRAILER RECREATIONAL VEHICLE
PARK L~ND USE
DETENTION AND PRESERVE AREA
OPEN SPACE AND NATURAL AREA
RECREATION ~ND OPEN SPACE L~D USE
DEVELOPMENT C0,MLM.!TMENTS
PAGE
ii
1-i
2-1
3-1
4-1
5-1
6-1
7-1
IJAN 2 ! ~? :
:
EXHIBIT A
EXHIBIT B
EXHIBIT ~
£XHIB~T D
EXHIBIT E
EXHIBIT F
LIST O? E×HIBIT~
P.U.D. MASTER PLAN
LOCATION MAP
SERVICES AJ~ID.SHOPPING FACILITIES HAP
TOPOGRAPHIC MAP
VEGETATIO~ MAP
SOILS MAP
TYPICAL ROAD CROSS SECTION
DEED TO THE REAL PROPERTY
'JAN 2 1 1997
STATEMENT OF
The purpose of this section l~ to express the intent of Leo Per,on,lo,
hereinafter referred to as applicant or sponsor, to c~eate a P.U.D. on
20.198 acres of land located in part of Section 12, Township 51 South,
Range 26 East, Collier County, Florida. The name of this proposed
development shall hence forth be known as East Trail RV Park. The
development of East Trail RV Park as a Planned Unit Development vll! be in
compliance with the planning goals and objectives of Collier County as set
forth in the Growth Management Plan. The Travel Trailer Recreational
Vehicle Park (TTRVC] development with associated recreational facilities
will be consistent with the growth pollutes, land development regulations
and applicable Growth ~anagement Planning Objectives for the following
T~A';E-L TRA~LER R£CREATTO~AL V~!CL£ PA~ PRO3EC?
1. The subject property ha~ available, or will have available
concurrent with development, adequate level~ of service {or
roads, water, sewer, water management, parks and solid waste to
serve the development.
2. The subject property is located in the Urban Residential Area,
having direct access to an arterial road and is compatible with
surrounding land uses.
3. The subject property shall be allowed to develop at a density
consistent with the Future Land Use Ele:n~nt, D~n~lty r~
system LUI-31 of the Growth ~anagement Plan. TTRVC Dls~t
Zoning, would allow a ~aximum of 12 units per acre. fl~ls
petition l~ requesting a PUD to allow ll5 units on 20.20 acres
for a maximum density of 5.7 units per acre. Therefore, the
requested density is in compliance w~th the Future Land Use
Element of the GMP.
4. The TTRVC development Is compatible with and compl~mentary to the
surrounding land uses.
5. Improvements are planned to be in compliance with applicable land
development regulatlon~ as set forth in Objective 3 of the Future
Land Use Element.
6. The project development will result in an efficient and
economical extension of com.~unlty facilities and services.
7. The proJ.ect development Is planned to Incorporate natural systems
for water management in accordance with their natural functions
and capabilities as may be required in regulations that implement
Objective 1.5 of the Drainage Sub-Element of the Public
Facilities Element.
ii
1.01
1.02
1.03
SECTION
PROPERTY OWNERSHIP AND DESCRIPTION
PURPOSE
'the purpose o[ this section Is to ~et forth the loc~tlon ~nd
.)wnership of the property, and to describe the existing
conditions of the property proposed to be developed under the
project name of East Trail RV Park.
The subject property being approximately 20,20 acres is described
A parcel of land lying In the west one half of Section 12,
Township $I South, Range 26 East, Collier County, Florida, being
more particularly described as ~ollows:
FROM THE INTERSECTION OF THE SOUTH LINE OF SECTION 12, TOWNSHIP
51 SOUTH, R~{GE 26 EAST, COLLIER COUNTY, FLORIDA, WITH THE
SOUTHWESTERLY RIGHT-OF-WAY LINE OF STATE ROAD 190 [U.S..ROUTE 41,
T;~IAMI TRAIL), RUN N 54 DEGREES 21' W, ALONG SAID RIGHT-OF-WAY
LINE FOR 1500.00 FEET TO THE POINT OF BEGINNING; THENCE S 35
DEGREES 39'W, FOR 400 FEET; THENCE S 54 DEGREES 21' E, PArAlLEL
WITH SAID RIGHT-OF-WAY LINE S00.00 FEET; THENCE S ~$ DEGREES 39'
W,' FOR 319.90 FEET, TO THE SOUTH LINE OF SECTION 12; THENCE S ~9
DEGREES 54'W, ALONG SAID SOUTH LINE, FOR 1232.18 FEET; THENCE N
35 DEGREES 39'E, FOR 1439.79 FEET, TO THE ~=ORESAID RIGHT-OF-WAY
LINE; THENCE S 54 DEGREES 21' E, ALONG SAID LINE, FOR 500 FEET,
TO THE POINT OF BEGINNING, CONTAINING 20.198 ACRES, MORE OR LESS.
The subject propert~ is ccrrently under the ownership of:
Leo Petronzlo, 1419 Colling~ood ~venue
Marco Island, Florida 33937
Marion B, k~ato,
20725 Colby Drive
Shaker E:~, OH 44122
John Colaglovannl, 12~25 Buckeye Drive
Chesterland, OH 44C26
Evidence of unified control 1~ provided by Exhibit "H".
1-1
1.04
1.05
The project site is located In the W=st 1/2 of Sec:ion 12
Township 51 Squth, Range 26 East.
The zoning classification of the subject property prior to
the date of the approval of this rezone to PUD was A.2." :
PHYSICAL DESCRIPTION
The project site is located within the Southern Coaetal Pralnage
Basin. The natural drainage of the site is in a southwest
direction. Overland flow drains Into the Miscellaneous Coastal
Basin and then into MacIlvane Bay.
Water Management for the proposed project is planned to be the
detention type.
Elevations within the project site range from 5.0 feet to 5.8
feet above mean sea level. Host of the area, however, falls
within the 5.2 to 5.5 feet of elevation category. All of the
site is in Flood Zone "A~" according to Firm Hap 1120067 06200.
· . The Flood Insurance Rate Map, effective September 14, 1979,'
.~. . .required that all structures 'be built at a minimum floor
elevation of seven (7) feet. In order to ensure that this
· - '..'. minimum level will.be met in all cases, no structure =ay be
''' on the subject property unless the ground floor elevation
· .' . . least seven {7) feet. All development shall occur in compl
· with Ordinance 86-28 (a.k.a. the Flood Da~ge Prevention
'~":"'.i.',[.f'...~ Ord~nance)'as amended by Ordinance ~-~, an~ as may be amende{
'in the future. ....
' '{.: l '." <'~...:..] ,.. .:
1.0~ 'P~OJECT ~ESC~PTION
:'Campground is a P18nned Travel Trailer
Recreational Vehicle Park (TTRVC), which Include~ a · mixture of
recreation, conservation and ~ater management uses.
' 1.07 '- :' S~OPT T!TtE '.
This Ordinan~e shall be known
c.~ the "E&~t Trail R.V.
Park Planned Unit ~evelopment Ordinance."
1-2
SZCTION II
PROJECT DEVELOPM. ENT
2.01
The purpo:e of this Section is to delineate and generally
describe the pro~ect plan of development, relationships to
applicable County ordinances, the respective land uses .of the
tracts included In the project, as well as other pro,oct
relationships.'
2.02 GEN£RAL
)Cast Tzall RV Park 15 a Planned Travel Trailer Recreational
Vehicle Park (TTRVC), which includes a mixture of recreation,
conservation and water ~nagement u~es.
A. Regulations for development o~ TTRVC ~hall be ~n accordance
". with the contents o~ this document, ~UD-Planned Unit
'. .Development District and other applicable sections and Darts
.' - '. of the Collie: County Zoning Ordinance In effect at the time'
' ' m ' ' I m ' 0 ~ building pe:m:t application. Where these regulations:
· " ~ :]"..'i':~t' :.faLl to 9:ov~de developmental ~tandards then the
.~'~. ~':' ....:::.; .. of'the most mim~la: dist:~ct ~n the County Zoning O:dtnance
'.C'.':'.'u':,h..F.}.:.-':'~,be'the same as .the definitions set forth In Collie: County
:.]{':. ..... ';-:;%':.'..'F C." "All ?conditions ~mposed mn~ all g:aph~c ~ter~al presented.
depicting :est'rlctlons for the development of TTR%T shall
beco~r.e pa:t of the :egulat~ons which govern the manner .~n'
which the PUD s~te ~.ay be developed.
Unless ~pecl~lcally waived through exceptions to' the
~ubdlvlslon :egulattonm ordinance at the S~? approval
pha~e, the p:ovlsions oE those regulations not otherwise
provided [o~ In this PUD remain In full fo:ce and effect.
The project Master Plan, Including layout o~ ~t:eets and
land ~s ~llustzated ~/aphlcally by Exhibit "A", PUD Maste= Plan.
M~nor var[aC~ons to land use designations ~n acreage w~th~n
project ~hall be peImitted at final des~qn tu accommodate
vegetation, encroachments, utilities, ~,a:ket coad~tion~, and
other hereto unforseen ~te
2-1
2.04
P~O$£CT DENSIT~
the total acreage o! East Trail RV Park 15 apprux!mate!y 20.20
acres. The maximum number o[ dwelling un,ts to be constructed on
the total acreage 'Is 115. ?he maximum number o[ dwellln~ units
per gross acre Is approxin~tely 5.7.
RELATED ~OJ~CT ~LA~ ~PP~OVAL R~OUI~£~ENT$
A. Prior to the recording of a Record Plat, for all or part
the PUD, final plans of all required improvements shall
receive approval ol the appropriate Collier County
governmental agency to Insure compliance with the PUD Master
Plan, the County Subdlvlslon Regulations and the
laws 6f the S~ate of rloxlda. '
B. Exhibit "A", TT~VC PUD Master Plan, con~tltute~ the required'
PUD Developmen= Plan. Subsequent ~o or concurrent with PUD
approval, a Subdivision Master Plan shall be submitted for.
the entlxe area covered by the PUD Master Plan. Any
division of properffy and the development of the land shall
be In compliance with the Subdivision Regul~tions, and the
platting lays ol the State oE Florida. ..
The development of'thl~ project shall xequlre submittal
approval o~ a Subdivision Master Plan In conformance
requtrement~, established by Article IX Section 3 of
Subdivision '-Regulations, or any subsequenk
relat~n~..thereto prior to the submittal o~ construction
D.."Appropriate lns~rument~ will be provided at the time
.~-.: 'lnfra~tructural Improvements regarding any dedications and
.... 'method ~..~o~ providing'perpetual ~tntenance of common
~NSM~NT$ TO PUO DO,liMPeT OP PUD MAST~
A~end~ent's" may be made to the PUD as provided In the Collier
County Zoning Ordinance.
2.06
2.09
2.08
2.09
P~H~TT£D V~R~ATTOHS O~ D~LLTNG I]NTT~
All properties designated for TTRVP uses may be developed at the
maximum number of. dwelling units as assigned by Section 2.4,
provided that the total number of 8~clling units shall not exceed
115.
.As depicted on the Master Plan, £xhlblt aA", a natural detention
area has been provided on site. The. goal Is to achieve an
overall aesthetic character for the project, to perr:,lt optimum
use of the 2and, and to Increase the efficiency of the water
management network.
Roads will be private and other Infrastructure may be either'
public or private, depending on location, capacity, and design.
' Developer shall create appropriate homeowner, associations ~hlch
· rill be .responsible for r~aintain~ng the roads, ~rainage, water '
and sever improvements vhere such systems are not dedicated .to
. .'. :...'the County. The maintenance Covenants as adopted by the home '
... :...L... owners association and approved by Collier County shall be';.
"?' ~ -' -'recorded prior to platting.
' "'¥-2.10...' ' "SU~D~V~STnN M~T~' PL~ XP?~0V~.[~ : ....:{'~'
~'. v"- .... '.;. Subdivision Ma~ste: e~an a~proval shall follo~ the procedures
~'.~':':{[}.~',~.':.:'forth .In 'Xrticle ZX as a~en~ed of the County
'.:; '} .~'~ .~'. :..-. ..'. · , · . ,
2-3
· AG£N DA. LT£M
" '.'. . N0. ~
1
1997
'd-']lY': .... ' .... '~: :"~'~"--'-"~*'~": ""~: .~. r. '..;'. ~. ............
.' -.. --. -. .~.,~._~-~ _- .~._~....~ _' -~ , ~ - . .' . . - . _
--~T'~c?-'--'~.-~C'.--.'~F~- .-~--'-~-~---~"~'L-_ ~' :'-.~---~-~-~--~',.----~d-~. -~ ~..----- .... .--- - ~
.................. ::_ .. .<v~.'.. ,.. _~--._.~_~_~t.~.~_ ~,...~,-_~._~. {:a,~.,-.--- .......... _ ....
3
3.02
$£CTZOtT
_.T~VEL T~X~L£~ - R£C~TIoNAL ~EHIC~E P~ L~N~
~ '.
The purpos,~ of this section is to set forth the regulatlons
the areas designated on Exhibit "A", p.U.D. Ma~ter Plan as
Trailer - ReCreational Vehicle Park [TTRVC).
The maximum number of ll$ TTRVC sites, may be constructed on the
lands designated as TTKVC.
3.03
The areas designated as TT~VC on the P.U.D. ~aster Plan
. designed solely as RV sites for travel trailers, park model
ers and recreational vehicles not exceeding 480
travel t. ra!l ...... rea Such EV sites are intended to
-.guare _~?e~ --? .... ,~--s hark mo~el travel ~:rallers, pick-up
accommoaa~e ~ravc~ ~.~- , r
coaches, motor homes, and other vehicular accom~odations which
' ' ... are s~itable for temporary ~ habitation, used ~or travel, vacation
.... '.~ '" :' and · recreational purposes. TTRVC vehicles may be
'~'; '"'...' ...'.~llocated on a lot, however, no person or persons may occupy said
· . . 7 months·
;.c. C'.? ,{%.:.~-2vehicl~s as per,neat places of residence for more than
~ · NO .building or structure, or par: thereof, shall be erected,
;?.':i~; · · · altered . or used, o.r .land u~ed, In whole or In par~, for other
r
Travel ' trailers, park model travel trailers,
'coache~, motor home~ and other recreatfonal vehicles
herein defined.
C) fermit%ed Accessory U~es and
1. Accessory u~es and structure~ customarily a~soc~at=d
- with travel trailer recreational vehicle park~,
including recreation fac~llties (both indoor and
outdoor), admln~stration buildings, service build,rigs
including bathrooms, laundries, and sim~lar services
for residents of the park, and utility buildings.
3-i
3.05
Accessory uses and structures customarily associated
with travel tralle~ recreational vehicle parks,
including screened-in porches (elevated or at ground
level with vinyl or glass windows, and with or without
a klckplate), cabanas, patios, slldeouts and tipouts,
utility rooms, storage sheds, decks, air conditioning
units located outside the RV, and other accessory uses
and structures. Such'accessory structures may be
constructed out of any materials, and built and
attached to the RV in any manner. All such structures
must be permitt=d and constructed according to Collier
County Building Code. Provided, further, that any such
structure which is attached to the RV shall be
dismantled and removed whenever the RV Is removed from
the site.
A. Minimum Lot ;~rea: 2800 square feet
B. Minimum Lot Dimensions: .<,[
" 1. Vidth:' Average of 40 feet ' "-":..
...2. . Depth: Average of 70 feet "".
-:' ' ' C..' 'Minimum'Setbacks:' · ,'"Z:.
?;.'.:,,.~<,~-._. 1: i. ,Front: lO'feet "'
2. ::".Side: ;'.-,5 .feet
- "<'".':'~: 3. '::Rear: :-' 8 feet
. ... 5. ":'From Any Requited Bullet: 10 Ieet
: 6 :~. T~om Public Street: 25 feet
.. ~..'.'...:'i~.~,.i.F~om'aulldlngs o: Structures: 10 feet
D. Haximum'~eight of Structures: 20.feet
Haxlmu~ Sl=e o~ TTRVC Unit: 4~ square ~eet
F. ~axlmum Size oi TT?,VC Unit In Cc:,blnatlon wlth Xttached
Accessory structures: 480 s~ca:e ieet dE living (al~
conditioned) area
Internal Street System: All T?Rvc lots shall ),ave dlr~ct
access from the Internal street system.
3-2
................ · ~...'.~-' L . ' · : '- --~''
..;..~., '~.-~ ~.~..--+ . -~ ..-_..-.~T;.~-~.~_=_- ~..L~,-~~TM - .~ .....
...~ ..... ~--~ ~ -~-, .... . -~-_-~.~.,.,~.-:~
H. Required Facilities:
i'. Central water and sewer ~hall be available to each
TTRVC lot.
2. A trash container such as a dumpstez shall be located
in areas easily accesslbl~ and not obstructed by TTRVC
lots or parking areas.
3. A building open at all 'times wherein a portable fire
extinguisher in operable condition and first aid
equipment, and a telephone a~e available for ·public
use.
4. One parking space per TTRVC lot.
5. Sanitary facilities, Including flush toilets, and
showers within three hundred (300) feet walking
distance from every campsite lot and
the Collier County Health Department, or in the event
of a private on-site system connection to the County
system subject to County Ordinances. Light~ng shall be
.· provided In sanitary facilities at ali t~mes and the
· facilities shall be accessible to park
· '7.=,'=":..'..'. -* '::::' ' : visual screens are required in the following areas:
..... '...~.. :-'.'..": '1.'. A clear area not less than 20 feet in width along ~lde
entire length of the cleared area. The landscape plan
'ii i.-..:ol.the Subdivision Baster Plan. The entire clear area
· ' .and lands6ape area may be co=,bined to achieve a visual
screen between t?,e public ro~d ar, d the TTRV Park.
2. The abutting la~ds zoned other t~an T?RVC on the east
· and south sides cf the property shall be effec~ively
screened from ~uch land by a buffer strip at least
fifteen (15) fee~ wide, in which ornamental screenln~
composed of structural or plant material ~hall be
placed. ~uch screens shall be attractively maintained
at all times and constructed In accordance vlth the
landscape provisions of the 2cnin~ Ordinance 82-2,
amended.
3-3
J. permanent Location of TTRVC Units:
TTRVC units may be permanently located on a lot; however, no
permanent residency is allowed for more than 7 months per
year. Any such permanent placement shall conform to
County Building Codes in e£~ect regarding hurricane tie-down
and all other applicable requirements.
K. Other standards:
Landscaping,' parking, signage, and other standards not
addressed herein shall be as permitted/required by the
Zoning and Sign Ordinance in effect at the time of permit
application.
L. Plan Approval
Niubdivision Master Plans', per section 2.10 of this
document, shall be submitted for review and approval prior
to subdivision plat an{ construction plans approval.
3.06 DEFINTTIONS
'' - A. The '"recreational vehicle' a vehicular portable unit
.... " primarily designed as . temporary living quarters for
.... . recreational~ camping, or travel use, which either has its
'.?-' < ' - o~n motive power or is mounted· on or drawn by another
:. -....~: '.~'....-.-.'- ' vehicle and complies with the length and width provisions of
· . such a size .or weight as not to require special highway
"::'""'"'"'":' movenent permits when drawn by a motorized vehicle. It Is
' primarily. ~esigned an~ constructed to provide temporary
'.....' ' ~.llvlng quarters for recreational, camping, or travel use.
·It has a body width of no more than ~-1/2 feet and an
.overall body length of.no more ~han forty {40) feet when
factory-equipped for the road.
C. Th~' "91c~-uP coaches", a pick-up truck equipped with 'a
. portable unit designed to be loaded onto, or affixed to, the
bed or chassis of the truck and constructed to provide
temporary living quarters for recreotiona], camplnp, or
travel use.
P. The "motor home", a vehicular unit which does not exceed the
len'gth and width ll~ltatlons provided In s.21{.515, is built
on a self-propelled motor vehicle chassis, and is primarily
designed to provide temporary living ~uarters for
recreational, camping,.o: travel use.
3-4
oo
The "park mo~el travel trailer" a ~ransgortable umtt which
has a body wid=h not ~xceedlng 12 ~eet, is built on a slngle
chassis and is ~es~sned to provide ~easonal or Le~porary
living quarters vhen connected to utilities necessary fo:
operation of. installed fixtures and appliances. The total
area of the ~nit in a setup mode, vhen measu:~d f:om the
exterior surface of the exterior valls at the level of
~aximum dimensions and Including any bay vlndov th.)t ext=:~d=
to the floor line, does not exceed four hundred eighty {4aO)
square feet. The length of a park trailer means the
distance from the exterior of the front of the body (nearest
to the dravbar and coupling mechanism) to the exterior of
the rear of the body (at the op?cslte end of the bcdy),
Including any protrusions.
.. Z
3-5
SECTION ~V
DETENTION/PRESErVE A~E~
4.01 PURPOSE
The purpose of this sect'ion Is to set ~orth the
the area designated on Exhibit "A", P.U.D.
Detention/Preserve Area.
regulations for
Master Plan as
4.02
PE~MTTTE~ USE~
No building or structure or part thereof, shall be erected
altered or used, or land used, In whole or In part, for other
than the following, subject.to regional state and ~ederal permits
when required.
A. Principal Uses:
.. 1. Open Spaces/Nature Preserves.
· : .' 2. t~ater management ~acilltles.
' '. 3. Pervious biking, hiking, and nature trails where 'no
· . ?. ' .... filling or clearing is required.
· .'.~....,.~-.:..-. .. -~ .- <.,.o ::, · . . ....
.... :~ An appropriate Homeowners Association will be created, which will
':' ' i ::'~ ".be responsible for maintenance of this area per Se-.tions 2.09°
' .i'...:,'<.' .'.'.'-;The ~intenance covenants shall be recorded prior to ~Iatting.
. :~.'..f.~ .'.. .' -.' . ~... -~ ....,. - .
' ' "4~04 :.-'"CONSERVATION EASEMENT . . .'
.. ' ' ". YA ~Portlon "of. the 'Detention/Preserve Area shall contain .a
-' conservation ' easement as directed by the State of Florida. The
Conservation Easement sha~l be'shown at time of plattin~,
4-1
S£CTI O:l V
OPEN SpAC£/NATURAL AREA
The purpose of this section is to set ~orth the regulatlons fo:
the areas designated on Exhibit "A", P.U.D. Master Plan as Open
Space/Natural Area.
5.02 ~£RMTTTED USES
No building or structure or part thereof, shall be erecte~
altered or used, or land used, in whole or In part, for other
than the following, subject to regional, state or federal permits ..
when required.
A. Principal Uses:
1. Open Spaces/Nature Areas
2. Pervious biking, hiking, and nature tr'ails whet= no
' - filling or clearing is required.
: m3. Nature preserves and wildlife sanctuaries.
~..' . 4. ~oard~alks subject to approvals by appropriate permitting'
.... ' '.°.,.. <"~ '--~ 5 ' Water ~anagement areas
· '-'5.03 '": '..'~AINT£NANCE OF OPE~ SpAcE/NA. TURAt
. . ~'~., Art'.appropriate ~o~eo~ners A~sociatton ~ill be creete~, which ~ill
.'. <d~"-:-.'r't.>?be'responsible for the maintenance of this area per ~.09. The
ho~e owners association
· ..'.'- i J.."..~Malntenance Covenants . as a~opted by the
' .' '.'.i<an4 -approved by Collier County shall be :eco:~ed p:io: to
5-1
SECTION VI
R£CR~ATION AND OPEN SPAC~ L~ND USE
The purpose of this section Is to'set f~rth the regulations for
the areas designated on Exhibit "A", P.U.D. Master Plan as
zeoreational.
&.02 P£~MITTED US£$ A~D STrUCTUreS
No building or structure, or part thereof, shall be erected,
altered, or used, or land or water used, in whole or In part, {or
other than the following: .'
A. p~rmltted Prlnci~al Uze~ and £tructure!
1. Parks, playgrounds, and game courts and fields.
2. Biking, hiking, canoeing and nature trails.
-'' 3. ~ature pre~erves an~ wildlife sanctuaries.
· 4. Recreational shelters, laundry facilities and
facilities.
.... 5.. Clubhouse a~d a!! related {acilitles, including laundry
~' ' .' '~': 6 "' Roads, · pathways, accessory uses and s~ructures':
.--"¢ustor~rily a~sociated with permitted use, Including
'' -'. ' ~ '"'.but not lib{ted to utility, structures, lakes, and
· - ..... 7. "-'Gate house, perimeter fence, and similar security
'-B. · p{rm~tted ~sce~orv Uses and Structure~
1. ' Accessory uses and structures customarily associated
'with principle uses permitted in this district.
2. Maintenance and storage area structures.
C. $1~e Plan' A~rcva]
Site Plans, per section 2.10 of this d~cument, shall be
submitted f:r :evie~ and app:cval p:lo~ to building
applicatEon.
6.03 pEVELOPMENT C~IT~YA
A. Overall site design shall be harmonious and internally
consistent in ter~ cf landscaping, e~closure c! structures,
location of ao:ess s:reets and parkin~ areas a~d location
Do
Minimum Recr~atfon Azeu: 0.55 Acre~
Minimum ¥a=~$.- ~oth Prlnc~l~ an8 Accessory
1~ Front Yard: 10 Eeet
3. Rear Yasd: 8 feet
4. r:om PUD Bounda:y: 25 feet
S. from any Requited Guffe: Area: 10 feet
~. rro~ Public St:eet: 25 feet
7. r~m Buildings or Structu:es: '10 feet
Max~n~ ~etght of Structu:e~: 30 feet
Othe:
Landscaping, pa:k~g, signage, a~d othe:
a~d:essed he:e~n, sba1! be a~
Zoning and S~gn Ordinance ~n
not
permitted or required by the
effect at the time of perntt
$£¢TION Vii
D£VELO~MENT COMM! TM~NT$
7.01
7.02
PURPOSE
The purpose of this Section is to set forth the development
con~mXtments for the developzaent of.the project.
OEN£RAL
All facilities shall be constructed in strtct accordance
Ftna! Site Development Plans, Final Subdivision Plans and all
applicable state and 'loCal laws, codes, and regulations
applicable to this ~UD in effect when building permits are
applied fcr. Except where specifically noted or stated
otherwise, the standards and specifications of the official
County Zoning Ordinance and Subdivision Regulations shall apply
to this project. The developer, his successor and assigns shall
be responsible for the co=~itments outlined in this document.
The developer, his successor or assignee shall agree to follow'
'the Master Plan and the regulations of the PUD as adopted and any.
.~.~'[~)i/...~ ' other conditions or modifications as ~ay be agreed to in the~
:: h.·:< .... r. ;'· .. rezonino of the property. In addition, the developer will agree
'..l."v.?"-/~.. ·' .'~to convey to any successor or assignee tn title any coramltments
-:%<7i03 ..:/'.pUD MASTER P'L~N
'"~.'=>:';;~< '' ~'~'A."=t'The" owner may be .able to make adjustment to the tract
i~.! :': ~'~:~boundarles, road alignment and other site Improvements ,.
~.~: .......:.;: ~.j'¥~'?....-.Petermlnatlon.. of . ~hether the changes are substantial, or
· 'insubstantial, and the revie~ process to be followed shall
" .. ". .~' ."' -{:'be In accordance ~Ith the zoning regulations, section
and/or subdivision regulations.
B. All necessary easements, dedications,.or other Instruments
shall be granted to insure .the continued operation and
maintenance of all service utilities and all co~on areas In
· the project.
C. Pursuaht to Section 5.11 of th~ zoning ordlnanc= or Its
successor in the Unified Land Development Code provision
shall be ~Jdu for the future use of building space ~lthin
co~aon areas for the purposes of accommodating th~ function
of an electoral polling place.
7-1
7.04
7.05
An agreement recorded tn the official records of the Clerk
of the Circuit Cou:t of Collier County, which shall be
binding upon any and all successors in interest that acquire
ownership of such common areas including, homeowners
assocJations,..or tenants associations. This agreement shall
provide for said co~.unity recreation/public building/public
room or similar common facility to be uscd fo: a polling
place if determined to be necessary by th~ Supervisor of
Elections.
DEVELOPMENT SEOUENCE AND $CHEDULF
~t is estimated that the property will be developed in 1992.
However, this estimate is based on current ~arket knowledge.
This estimate could change depending on future market conditions.
The developer does not intend to have any residential usage other
than TTRVC sites.
SUNSET
The plan of development hereby adopted by the action of approving
this PUD rezone and its ¢oncomltan= regulatory document and
~ster plan is hereby further made subject to the following
sunset provision or development, time limits.
1. "Failure 'to obtain approval for improvement plans or a
.-..development order ~or.infrastructure improvements to
utilities, 'roads, and similar lmprovements recuized byw
..~<approYed PUD Master Plan for at lea~t fifteen [lf%} per
';"of.the gross land area of the PUD site within five (5] years
of ~the · date of approval by the Board cz County
' 'i~Co~issioners; and '
2. :F~ilure-.t~ receive 'final local development orders for at
.;least.fifteen {15) percent of the total number of approved
.dwelling unit~ in the .PUD, or in the case o~ PUP's
consisting of non-residential uses, thirty {30) percent of
the approved gross floor area within the PUD within ~ix
years .of the date of approval by 'the Board of County
Commissioners, -
will result in the Board of County Commissioners taking the
followling action;
a. Void and otherwise repeal and Invalidat~ the PUD
approval, and initiate a proceeding to re:one 'the
property to an appropriate zen!rig district
classification, or
b. Am. end any portion of the PUD Master Plan, or its
associated development zegula~lcns, or
7-2
?.06
?.07
7.08
Provide that the fee simple owner(s) of the land upon
vhlch the PUD site exists may petition the EcG~d o!
County Com~lssioners to extend such expiration dates.
Such an extension may be granted only once for a pertcd
of cne'.(l) yea~ when It is demonstrated that the
extension is required for reasons beyond the control of
the owners.
~n annual monitoring report ~hall be submitted
Section 9.29 K of the zoning ordinance or
provisions in the Unified Land Development Code.
TP~T;~POPTAT~ON
The development of thts PUD Master Plan shall be
~overned by the folloutng conditions:
pursu'ant to
its SUCCeSSOr
subject to and
A. The developer shall contribute a fair share portion of the
capital cost of construction of a left' turn lane and
decele:ation lane on U.S. 41 (Ta~lami T:ail East) at the
main entrance of the site. Const:uction o~ such road access
shall be in compliance with FDOT standards and applicable
County s~andards.
WATER HANAG~::T
The' development of this PUD Master Plan shall be subject to and
governed by the following conditions:
A. Detailed paving, grading, and site. drainage plans be
s.ubmit~ed to Project Review Services for revieu. No
construction permits .shall ~e issued unless and until
· approval'of the proposed construction in accordance with the
submitted plans is granted by Project Review Services.
B. In accordance with the Rules o~ the. South Florida Water
Management District, ($F~D) Chapters ~0E4 and 40E-~0, this
project shall be designed for a storm event of 3-day
duration and 25-year return frequency.
C. Design and construction of all improvements shall be subject
to compliance with the appropriate provisions of the Collier
County Subdivision Regulations.
D. A copy of SFWMD Po:mit ox Early Work Permit ~= required
prio: to construction plan approval.
7-3
At the time of building permit submission, ~ rlu~lda
Department of Transportation right-of-way permit allowing
discharge into U.S. 41 shall be provided.
7.09 UTIL{TIES
The development of this PUD Master Plan shall be subject ~o and
governed by the following conditions:
A. Vater distribution, sewage collection and transnlssion and
interim water and/or sewage treatment facilities to serve
the project are to be designed, constructed, conveyed, owned
and maintained in accordance with Collier County Ordinance
No. 88-76, as amended, and other applicable County rules and
regulations.
B. Ail customers connecting to the water distribution and
sewage collection facilities to be constructed will be
customers of the County and will be billed by the County in
accordance with the County's established rates. Should the
~..'. County not be in a position to provide water and/or sewer
· _'L.... service to the project, the water and/or se~er customers
· .....-'; ...... shall he customers of the interim utility established to
.L'!jl~ ~i'. ] · serve the project until the County's off-site water and/or
;.-'t=:{.~..'..l'L.~<.., : sewer facilities are available to serve the pruJect. '
,C~"~?'.!i:L'~":' . - ultimately supply potable water to meet the
~':J?<~."-~]~']".': 'S': Jq-.'demand and/or receive and treat the sewage generated by
. ~ project ....
· ?-""~J'~ic!;.'¥~",': D. ' The on-site ~ater distribution system to serve the project
· ' .... '"' 'shall be connected to the District's 8" water main along
.'~ :' i~-."- '" '.~ ..U.S. 41 ,extended to and throughout the ~roJect. Locations
' '=' '''"to be mutually agreed upon by the Utilities Division and the
· Developer prior to the design phase of the project. Dead end
~ins shall also be ellmlnated' by looping the internal
pipeline network.
E. The utility construction documents f~r the project's on-site
sewerage system shal! be prepared to contain the design and
construction of the on-site and o~f-site force mai~ which
will ~ltimately connect the pro~ect to the Rookery
Utility Wastewater Treatment Plant.
F. Prior to final Construction' Plan approval, an agreement
shall be entered into between the County, Spade £ngine=ring
(Rookery Bay Utility) and the owner, legally acceptable to
the County in which th~ o~ner and Spade Engineuring agree to
become customers of the County when the County takes over
the Spade franchise.
7-4
7.10
The develop,~ent uf this PUD Master Plan
governed by the [ollowlng conditions:
A.
shall be subject to ar, d
N~ developme.nt activity shall begin prior to approval of
final plans and plats. Excavation work may bcgln only upor,
specific agreements between the County and the applicant
relating to quantity, location, clearing, submission of
final plans, bonding, etc.
Detailed paving, grading and site drainage plans shall be
submitted to Project Review Services. ~o construction
permits shall be issued unless and until approval of the
proposed construction in accordance with the submitted plar, s
is granted by Pro,eot Review Services.
C. This project shal~ be zeguired to meet all County Ordinanc~s
in effect at the time final construction documents are
submitted for development approval.
P. The PUD Master Plan, constitutes .the reguired PUD
Development Plan. A subdivis!on Master Plan shall be
submitted for the entire area covered by the PUD Master
..i Plan.- All division 'o~ pr.operty and the development of the
'~' . land shall ' be In compliance ~ith the Subdivision
·: . :..'.~.. . ~.~. . . · . :..<...
F' "':"'~'"' :"..E.. ',~The provisions o~ Section ~0.5 of the Zoning Ordinance ~2.2 ·
· '' >-shall apply to the development of all platted tracts, o~
~; ". .'.-.-''.!':~.- parcels' o! lan~ as provided in said Section ~0.5 prior to
: .. ". '-'-:~LZ.- :. the -issuance .of a. building per,it or other development
F. '"The. owner ray be able to ~ak~ adjustment to the tract
~' boundaries, road 'alignment and other site improvements.
· :. .'. ' .d. Determlnatton '.o~ ~hether the changes are substantial, or
Insubstantial, and the review process to be followed shall
be In accordance with the Zon.lng ~e~ulations ani/cr
Subdivision Regulations.
¢. The pro~ect shall be platted In accordance with Collier
County Subdlvlsicn Regulations to fleflne the r!ght-o~-~ay,
tracts, preserve areas and water management areas as shown
on the'PUD master plan.
7.11 E~VIRONHE~TAL
The development of this PUD Haster Plan shall be subject to and
govexned by the following conditions:
x. Petitioner shall be subSect to Collier County Ordinance 75-
· 21, as amended {or the vegetation removal o:dinance in
effect at the time of Final SEP or SDP approval).
B. All exotic plants, as defined In County Ordinance, 82-37 as
· amended, shall be removed du{ing each phase o! construction
from development areas, open space areas, and preserve
areas. A program of removal, monitoring and ~aintenance of
the site ~ree of exotics in perpetuity, shall be submitted
to P:oJect ~evlew Services, £nvlronmental stalE, fo~
and approval, p~lor to Final Subdivision
Plan/Construction Plan approval.
7.12 OTHER INFRASTRUCTUR~
The ~evelopment of this PUD Master Plan shall be subject to and
governed b7 the following conditions:
'." ' A. All clearing, grading, earthwork, and ~lte drainage work
: .~-.. ' ." , shall be performed In accordance with all applicable State
.,-~ : · ' ' and local codes,
..'."' ', D. ."Telephone, .power, and TV cable service shall be
.:.be'lnstalle~
7.13 ':' ' ACC£S$ORY'STRUCTUR~ ... . .....
..-.,. ..Accessory~structure~ shall be constructed simultaneously
follow'lng' 'the iconstructlcn o! the TTRV lots except for a
construction site o~lce and model units. '
with the co,lief
Sign Ordinance tn effect at the time of permitting.
7.15 LANDSCAPING FOR OFF-STREET P~;T]NG
All landscaping for off-street parking areas shall be
accordance with the Collier County Zoning Ordinance In effect at
the tl~e of building permit application.
ETRAIL PU.RV2
J':P,C~
usE:
2 ~,~'C: '--2
-DETEN33OH/PRESERV~ ,- 3.16 ACAES
OpEN SPACE/~qAT. AREA .- 1~ ACRES
RECREA~Otl AREA - 0.56 ACAES
DE~N~3N = o.?1 ACRES
~u~os:~ sm,~ - ~.== ~c~s P.U.D. ~ASTER PLAN
EXHIBIT A
TOTAL ,- 20.20 ACRES
TOTAL UNITS ,,' 115 UNITS
EAST TRAIL RV 'PARK
(:;ROSS DENSITY
ALLOWA.CL[ OEN$11Y
?. IUPER'/,OUS
~. OPEN AREA
ANCHOR /
LOCATION MAP
, SC ~AL~.: 1' - 2500'
EXHIBIT- B
- PRE,mAP, ED BY-
ANCHOR / AMERICAN ENGINEERING
'7~0 HxRB:.LJR DRIV[ HA, PL.[$. F',,CR;DA(~1'~) 149-1',~1
COIVTPANY
CF^X)
1. NA.PL.[S SOUTH pLAZA
2. NAPLES T0WN£ C[NT"r.R
~, COURTHOUSE
4. C-,JUrC;A'I~ PL.A2A
5. K~C~ LAKE:
6. I::OAS~D laALL
'SITE
EAST TRAIL RV PARK
$¢A1¢' 1' - 52e0'
EXHIBIT C
- PRF~J:M.~,:D BY-
ANCHOR / AMERICAN ENGINEERING COMPANY
.... ~.' -:-':':-": ..... :' -'1'" ~~-----
---"~-'.." .' :. :..-'--'--,z~.-*~
.... 2 .' : .... '.. -~~~_ --. _~ :. -.- -. ~ .~ :~- ' :: .... ~D~---~-x ~x
~' ' .- ',' - ...... :~' · ~ '~.~'~'~'~,-~-~"~~-z~-~:' -
~-~ ~:- -' ~'~ ~ '--:L "~?~'~ - ~ ~" ' .~._~ .. ~:_~ __:__~-:.~_.--. L- .
EAST TRAIL RV PARK
TOPOGRAPHIC MAP
EXHIBIT D ..
ANCHOR I AMERICAN ENGINEERING COMPANY
411
".. ;?~.=. ~..: 'L:i ,?, 'i':':" '~'" '." '
.. :~.....,~:..~ .' , ...:,........, .... .
.'r ~ .,';;,:'~.: :. :'-'"'~' ' ' i ;"" ~'~
.. · ...- .',~.)~ . .. ..' '.
,~11 - pjNl:' /'LA'TwOODS
G21 - CY~)~£Sc .'
?,~ - SPOIL
B14~-ROADS AND
EAST TRAIL RV PARK
_VEGETATION MAP
.... EXHIBIT E
- PPC-~P~-q£D BY-
ANCHOR / AMERICAN ENGINEERING COMPANY
.~ . .. . . · .... · .~.....:...-~ , '. . : . · . ' . ..
~ . -. . ' . -. .~-'-'~..~':':~'~-'-~...~,~: (~-~.' .: ~'_ .
, ' ...... ~ "-'~;'"..;~.?"'"~'~- :~"'~ "~'.~. b~
. · ' %'. ~-<.:~','~.- ,~.7~':2-~.~:~ -;'.~ l~ ~r~, ·
..... . ...:...,., .-.~. - ~. ::-~m~~ ~.~.~~.~ -' . -
, =_ ~_ '...~ : -., ~ .:. '......;. :,,;....~.~ ~,~.~. ~ ~L~-"~ ~
.... .. --~ e --,.:.-~~,~~,~T:~~ ~:,~ ......
..-' ............ '.- . .'~ ' ;'.~ ~'~ ~ ~ ~'- .~'~.,~ ~
· .., ~:.~- = -.~-.~'~.~~ ...... '~ ~ ...... ~-..._
2 - HOLOWF~AW FINE' SXh'O
LJM£$TOH~' ~UE S'rRATiJ)4
·
14- PIH£DA ~H£ SA,ND
U~ESTOH£ ~'.,JB S TRATU~¢
EAST TRAIL RV PARK'
SOILS MAP
.~C,L~:::~ ~0~. ~JRWL"Y Ct' ¢¢L:JL"~ C:'U.WTI'. ln~'
£XHI~IT F
EAST TRAIL RV PARK
TYPICAL ROADWAY SECTION
N.T.~
~ ;: .. '. -. .. ...
TYPICAL ENTRANCE ROAD SECTION
EX~IBIT 6
(~) 1 1/4' TY'PE $-1 1.4CO~r"I£D ASPHALTIC C~.NCRL"IT-,
{~ ;6' UUEROCK OF' AASHTO ,T-I~O ~4AX. DFNSITY.
OF BASE: SHALL BE: PRIMED ~tTH RC-?0.
(:~ 12' ~TAeIU~'.O SUB~RADE WiTH M1NtUUU L~R 40
AND CO~PACT~.D ~0 AT LI~:AST ~,'~, OF' AASHTO
- PR£PAR.D BY - '
ANCHOR / AMERICAN ENGINEERING COMPANY
7gO HARBOUR ORFv~ h'APtr$, ~'L. CR~OX (&l,~) m49-1551' (FAX)
OUIT-CLAIH DEED
t~ ~ ~DO.O~) ' ~I;O~ ALL H~ BY ~I~E
That £D~ARD ~L'TROHZ]O (husband of Rose Ann Pe:ronz{o), the ~ranlor
vho cln{ms {itle by cr through instrument, recorded on Apr{1 19, 1974, {n OR
Books 587, Pmle ]I1, Public Records of ~llier County, Florida, for the
consideration o[ Ten Doll~r~ ($I0) sn~ other Ioo~ mad valuable consideratl~
received ~o his full satisfaction of LEO P~O~ZIO (mart{ed), H,~RIO~ B. ~ATO
(~rr{ed) mad JOHN ~L~IOVANHI (~arrJed), the Grantees vhose tax ~all{nE
address vi11 be 7311 Cedar, ~es~erlmnd OH 44026, have GIV~, GRAY(TED, RDIIS~D,
R~S~D mad FOREVER QUIT-C~IHED and do by th~se presents absolu~e]~
~rmn~, remtse, release and forever Ru{t-clalm unto the sold ~rantees, their
he,rs end m~siRns forever, ~11 ~u~h rl~ht mad ~itle ms l, the said ~rantor,
~ave or ouBht to ~a~e In ~nd to the follovin~ desEribed parcel of lmnd:
''~'..'.'.'{'Undlvl~ed one-qumrter (() {nterest situated {n the Count) of Co11~
~ ,.'". "mnd SLmte el rlor~dm and more fully descrlbed as fellers:
= ..~ . From'the {ntersection of south 1{ne of ~ect{on 12, To~shln 51 South
· .:"-.:'"of-vsy'l{ne of S~mt~ Road 190 (U.S. Rout~ 41, TamI~n~ Tr,il), run
.N S4'21' ~, n~on~ sa{d rilh~-oE-va} ~$nefor 1,S00.00 [ee~ to ~he ·
. . ',POI~ OF.B~IflfllNO: thence S 35'39' g, ~or 400.00 [eet~ thence
" '"' ""'S 54'2]* E, pn~sl]e% ~h said r{Eh:-of.~.y ~lne, 500.00 feet; ~hence
S 35'39' V, for 319.9 feet, to the South l~ne of Section ]2; thence
S 89'5&' W, mlon8 smtd S:uth line, ~o~ ~,232.18 feet; thence
N 35'39' E, for ~,(39.79 Ieet to the aforesaid right-of-ray: then:e
S 54'21' E, alon8 said line for 500.C0 feet to the Point of Beginning.
containing 20.~98 acres, eore or less, but subject to all ]egal
h~ghvays.
TO ~Y~ AND'~ IIOLD, the pre~ise~ mForesa~d, ~ith the appvrLenancos
thereto belonstn~ to :he {aid Grantees, their he{rs nnd assI8,s, so that
OR BOOK PAGE
~elther t'he said Cran~or, nor his heirs, nor nny other person claiming ti[la
through or under him, shall or viii herea[ter claim or demand any right or
title to the premises, as herein described, or any part thereo[; but I and
every one of them shall'by these presen:s be esclu~e~ nn~ forever barred.
And far valuable consideration l, Rose Xnn Pe~ronzto, (~$fe of
EDVARD P~ROEZIO) d~'hereb~ revise, release aha forever
saSd ~n~ees, their he~rs 8nd ~ss$~ns, ~ll ~ right and expec~anc7 or DOVER
~$n ~hr ~bove described premises.
IH ~I~'~S h~[E~EO~, ~e hav~ hereunto se~ our hands~
o[ June, in the )ear o[ Our ~rd one thousand nine hundred and e$shcy-nin~.
SICHED AHD ACK~E~ED IH
~ ~UN~ ) ~s. ~erore me, m ~otary Public in mai for said
Coun~I mag Scm~e, personmlly appeared the
mb~'v~ ~.~e~' ED~}A~ P~O~ZZO mod ~OSf i,~ P~tO~ZZO (husb~ni and vita) .ho
acknowledged ~hmt they.ii.g sign the ~oregoinI i~stru~ent and the same Is their
free act mod deed. ..
ac ~}"~nO t ~ ...... I have hereunto set ~y hang and oI[lclal seal,
this.C~ iai o[ June, A.D. 1989.
.
700 ~. S~. Clair Xvenue Suite
{216) 62i-I 100 ..'
EXECUTIVE SUMi~hJtY
STAFF REVIEW AND RECOMMENDATIONS RELATIVE TO
ORDINANCE 90-84, AS AMENDED, ALSO KNOWN AS THE
DONOVAN CENTER PUD, WItICIt, ACCORDING TO TIlE
REQUIRED PUD STATUS REPORT SUBMITTED BY TltE PROPERTY
OWNER/AGENT, ItAS NOT COMMENCED CONSTRUCTION, AS
DEFINED IN SECTION 2.7.3.4 OF TIlE COLLIER COUNTY LAND
DEVELOPMENT CODE, RESULTING IN SEVERAL POSSIBLE
COURSES OF ACTION FOR THE BOARD OF COUNT%'
COMMISSIONERS TO CONSIDER.
OBJECTIVE: Staff is requesting that the Board rev/ew staffs findings and
recommendations regarding the above referenced PUD.
CONSIDERATIONS: This PUD was originally approved on November 27, 1990.
Section 2.7.3.4 of' the Collier CounD. Land Development Code requires that the project
developer submit an annual report on the progress of development, commencing on the
fifth anniversary of the PUD approval by the Board of County Commissioners. The
o
singular purpose of this report is be to evaluate whether or not the project has commenced
in earnest in accordance with the criteria set forth in Section 2.7.3.4. For those PUD's
approved prior to the effective date of adoption of' the Land Development Code, the five
3'ear approval period commenced on the adoption date, October 30, 1991. Therefore, the
conditions set forth in Section 2.7.3.4. are applicable as of October 30, 1996.
The above referenced PUD has been identified as a project which was approved prior to
October 30, 1991 and which has not commenced construction as defined in Section
2.7.3.4. Stuff ha~ utilized thc required PUD status (monitoring) report, supplemented by
field observation and rcvic~ of in house records to verify the current status of thc PUD
o
and as the basis ora recommendation to the Board consistent with the options provided in
Section 2.7.3.4 (1) & (2). Section 2.7.3.4 reads as folloxvs:
2. Z3.4.
77me limlts for approved PUD master plans. In the event that a
PUD master plan is given approval, and the landowner(s)shall:
Fail to obtain approval for improvement plans or a
development order for all infrastructure improvements to
include utilities, roads and similar improvements required b)'
the approved PLO master plan or other development orders for
at least 15 percent of the gross land area of the PUD site every
five years of the date of approval br the Board Of Countr
Commissioners: attd ' '
Fall to recelve final local development orders for at least I$
percent of the total number of approved dwelling unlts in the
PUD, or in the case of PUD's conslstlng of nonresldentlal uses,
30 percent of the total approved gross leasablejToor area within
the PUD every slx years of the date of approval by the Board Of
Count), Commlssloners.
The project developer shall submit to the Planning Services
Director a status report on the progress of development
annually commencing on the fifth annlversary date of the PUD
approval by the Board Of County Commissioners. The
singular purpose of the report will be to evaluate whether or
not the project has commenced in earnest in accordance with
the criteria set forth above.
Should the Planning Servlces Director determine that the
development has commenced in earnest, then the land shall
retain its existing pUD approval and shall not be subject to
additional revie~v and conslderatlon of new development
standards or use modification.
Should the Planning Sen'ices Director determine that the
development has not commenced in earnest, then upon review.
and consideration of the report provided by the o~vner and an)'
supplemental information th at may be provided, the Board Of
Coun(v Commissloners shall elect one of the following:
To extend the current PUD approval for ama. ximum period of
hvo )'ears; at the end of ~vhich time, the o~vner will again
submit to the procedure as defined herein.
Require the o*rner to submit an amended PUD in which the
unimproved portions of the original PUD shall be consistent
~,ith the Gro~vth Management Plan. The existing PUD shall
remain in effect until subsequent action by the Board of the
submitted amendment of the PUD.
If the o~vner fails to submlt an amended PUD *vithln six
months of Board action to require such an amended submittal,
then the Board may initiate proceedings to rezone the
unimproved portions of the origlnal PUD to an appropriate
zoning classification consistent with the Future Land Use
Element of the Growth Management Plan.
In the case of developments of reglonal impact, time limit
restrictions shall be superseded by the phasing plan and/or time
limits contalned *vithin the appllcation for de~'elopment
2
!
JAN 2 1 1997
approval and approved as part of a deYelopment order in
conformance with F.$. 3¢380. 06.
.Synopsis of Approved Land Uses: This 47.07 acre PUD was approved for 150,000
square feet of commercial retail space and I00,000 square feet of office space on 26 acres
(tracts 1-7). It also includes 140 multi-family dwelling units on 20 acres. Other uses
include Adult Congregate Facility (ALF) at 26 units per acre. The PUD also contains the
required preservation/open space, retention and wetland areas.
Consistency with Comprehensive Growth Management Plan: Thc subject PUD is
designated Activity Center (Interchange) on the Future Land Use Element (FLUE) of thc
Growth Management (GMP). Since the subject site is located within the southeast
quadrant of the Immokalee Road/I-75 Interchange, the FLUE permits commercial and
industrial land uses that se~,e regional markets, provided each such use is compatible with
existing and approved land uses, Based on staff review of the approved commercial/office
uses. the PUD has been determined to be consistent with the FLUE. In addition,
residential dwellings are permitted at a density ofup to 16 units per acre and 26 units per
acre for hoteL/motels and adult congregate facilities. Since the PUD permits a total of 140
multi-family dwellings at a density of 7 units per acre on the 20 acre residential tract, The
PUD is consistent with the Density Rating System. Therefore, the PUD has also been
deemed consistent with the GMP including the Traffic Circulation Element and the Open
Space/Natural Resource Element with minor revisions to the PUD documcnt.
Consistency with the Collier County Land Development Code: Thc PUD has been
distributed to the appropriate.jurisdiction review entities specifically for review of the PUD
for consistency with current land development regulations. Based on that review, the
folloxx4ng inconsistencies have been identified:
Transportation: Section V of the PUD (traffic impacts, access management, etc.)
No inconsistencies were reported however, staff advises that certain references should be
changed to reflect current administrative regulation if the PUD is to be amended.
Environmental: Section VIII of the PUD (protected species, green and open spaces)
No inconsistencies were reported however, staff advises that certain references should be
changed to reflect current references if the PUD is to be amended.
Engineering: Section VI of the PUD (sewage/water, drainage issues)
No inconsistencies were reported however, staffadviscs that certain references should be
changed to reflect current administrative regulation if thc PUD is to be amended.
Architectural Theme: Onl)' the development and architectural standards as adopted
during the approval of the PUD are applicable. However, Section 2.8 of the Land
Development Code provides architectural and site design standards that will be applied to
any commercial development within this PUD.
JAN 1 '1997
STAFF COMMENTS;
Staff is o£ thc opkfion that there is imu~cicnt justification to require a o~cr to submit an
amended PUD simply because the PUD refcrences codes that are now consolidated into thc
Land Development Code, or othe~-ise have references of ~Iministrative import that have
been changed in the most recent LDC change. These references are not made invalid
because the}' changed or are otherwise placed in a different legislative document. Their
closest or most similar relationship to current references applies in the administration of
PUD development eorrtmitrnents. More importantly, is whether or not there is an), absence
of development commitments new, deal to make the PUD consistent with today's code
requirements. Staff review does not indicate that there are any inconsistencies or omissions
t~at are now necessa~, to achieve current Land Development Code requirements as made
applicable to subsequent required development approvals (i.e. Platting and/or SDP's).
.FISCAL IMPACT: An amendment to this PUD, as recommended by ~aff~51l have
no fiscal impact on Collier CounD, as thc appropriate PUD amendment and otb. ·
applicable fees 4511 cover thc cost of stafftimc associated with rcvicw of said amcndmcnt,
and the cost of'advertising and public notice.
STAFF RECOMMENDATION: Based on a comprehensive review of this PUD
document, recommends that the Board of CounD' Commissioners grant a rwo }'ear
extension of the Donovan Center PUD per the attached resolution.
PREPARED BY:
Lt.O ,'S
PRINCIPAL PLANNER
DATE
REVIEWED BY:
ROBt~RT J. MULHERE, AICP DATE
CURRENT PLANNING MANAGER~
D~ W. ARNOLD, AICP- DATE
PLANNING SER~qCES DEPARTMENT DIRE~OR
VINCENT A. CAUTERO, ~sfiNI~T~TOR ~A~
COMMUNI~ DEVELOPMENT & E~qRONMENTAL SER~qCES DI~SION
AGEN
JAN 21 1997
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'7
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RESOLUTION 97-
A RESOLUTION BY THE BOARD OF COUI{TY COMMISSIONERS OF COLLIER COtT;TY,
FLORIDA, PURSUANT TO SECTION 2.7.3.4 OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE AFFECTING ORDINANCE 90-84 ALSO KNOWN AS DONOVA3;
CENTER PUD, EXTENDING THE CURRENT PUD APPROVAL TO JANUARY 21, 1999;
AND PROVIDING Al; EFFECTIVE DATE.
~EREAS, the Donovan Center PUD, Ordinance 90-84 adopted on
ll November 27, 1990, is subject to the provisions of Section 2.7.3.4.,
12 of the Land Development Code (LDC), Time Limits for Approved PUD
13 Zoning Districts together with their respective Master Plans; and
14 W~EREAS, the PUD was adopted consistent with and under the
15 provisions of the Collier County Growth Management Plan; and
16 WHEREAS, the Board of County Commissioners has reviewed the PUD
17 and has determined to extend the current PUD Zoning for two years,
18 until January 21, 1999; and
19 NOW, THEREFORE BE IT RESOLVED, by the Board of Zoning Appeals of
20 Collier County, Florida that:
21 1. The above recitals are adopted herein by reference as if
22 fully set forth herein.
23 2. This Resolution shall constitute evidence of compliance with
24 the review requirements of Section 2.7.3.4 of the LDC.
25 3. Pursuant to said section of the LDC, the current PUD approval
26 is hereby extended to January 21, 1999; at the end of which time
27 the owner shall submit to the procedures in LDC Section 2.7.3.4.
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This Resolution shall become effective immediately upon its
approval.
BE IT FURTHER RESOLVED that this Resolution be recorded in the
minutes of this Board and in the records of the Petition for which the
extension is granted.
PAGE
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This Resolution adodpted after motion, second and majority vote.
Done this day of , 1997.
BOARD OF COUNTY COD{MISSIONERS
COLLIER COUNTY, FLORIDA
ATTEST:
DWIGHT E. BROCK, CLERK
BY:
TIMOTHY L. HANCOCK, CHAIRMAN
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18 ~.ARJORIE M. STUDENT
19 ASSISTA2;T COUNTY ATTOR~EY
2O
21 DONOV;kN CENTER PUD/19150
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APPROVED AS TO FO~LM ~;D LEGAL SUFFICIENCY:
PAGE 2
'JAN 2 1 1997
PL3.,.~D L~.IIT D~VELOPME~.~T
.... ....:~.~....: . :...-..?... -....':..~:,~'... ,. ..'.-
: · . ..~ '.:. · .......:!.:.:. ~' ' .
Exhibit "A"
File No. 88,78
Date Filed
Date Revised
Date Reviewed By
CCPC
Date Approved By
BCC . 11/27/~0
Ordinance f' 90-8&
EXHIBIT "A'
AGEN D~ ITEM
.o.
'JAN 21 1997
TABLE OF CONTENT~
SECTICX I
STAT~..ENT OF COMPLIAJ;CE ...............................
SECTIO:; II
PROPERTY O~,Q;ERSHIP, LEGAL DESCRIPTION,
SHORT TITLE.
S ECTiO.~; III
STAT ~..-~;T OF
SECTIO:; IV
G~;L=~ D~ELG~MENT REGb~TIO:~S ....................... 7-!3 "
SECTIOX V
TR3C;S PORTATIOX REQUi~=~TS.
b~ILITY ~QUIP~ENTS ..... ~ .....
' ~' ~ ..... "~ ...................... 15-17
SECTIO:~ VII .... ' '.... - ~ · . '
· . :. ,, :..' - .:: . .'... .... . . · ' .... ....................... 18 .
. . S~ , ',.,'."..~ ~.-~,',.'.~ ~.~,;. . .. - · ,. . '.~
...~.., ...,: -~IO.~ VIII .=v .~ ~..:~':.':- ,'~.' .... .,'.. ~..'. '~ , ,':. '-
'~:~:~".?;:<ri";.~'' ~IRO~'sT' '~ =" '~:'{~' '.> ';.: :; "'-' . ' ' ' .' ..'
:~.~"~'~-.,;~._.~,,....,. ;, ~D~S ....... ~.. .... · · .. ~ :.~..
"~~.:.-_C~:.3'?. 'U'..;'~';.'~'.~:?".~:~'-"~.~:~:~?:'--~,'~-.'.~· L~;~ ............. ~-.0
' ' · ' ' ~*~'~-~,,~t~, '~.:,~: ,~' '~'.~...-, ".. '.' ' ' - ' ' ·.' ' · ....
.... · % . . ~. ; .~.. , ·........, ....% · .,~,~,~ ;~'.~.,v~,.,. ... . . · . ... , .
....... ~ ..... :: '."¥~=>-:/~::F~.;<s ~.',V{~-%~:/;P$~:v ". ~ ' ~ ':' ' ..... ' '.W ':7 '~}
- ..' ' .:-. .. · · · '.-- :'' : LIST OF E~IB~TS ':':-"~ ....... ' '.
, ' . - . . .~ .' .... ,.: · . ~- ._.... - . .-....C.,a~.'.~
· <.?: ?:'
AG£ND&JI£M
,.tAN g .1. 1997
· - SECTION I
STAT~,E:;T OF CO,~PLIA/;CE
The development of 47± acres of property in Section 30, Township 4S
South]'-Range'26 East as a Planned Unit Development to be known as
the Donovan Center will be in compliance with the planning goals
and'6bje~tives of Collier County and the Comprehensive Land Use
Plan'flor'the following reasons:
.1.- The"Comprehensive.Plan.designates..the proposed-location as an
Activity Center uhich is the preferred location for high
density residential and'non-residential land uses.
2.. -The project has a broad range of land uses, consisting cf
retail, office, mote!, and residential uses, {~ --
~h .... are
. designed to meet the intent of the Growth Management Plan
'"iy~ich e~courages nixed use projects.
.3. The project is compatible with, and complimentary to,
~r?UT~rrounding land uses.
" 4 ' The project de';elopzent is planned to incorporate natural
systems, existing and ma~ade, for water management in
"'~ · ~ccordance with their natural f~nctions and capabilities.. ......
,-...~,~.'.~2~...'~,~provisions. for.,hared access with adjoining properties..,. ......
~:o/..=......,,...6.....~ Entrance features into ~he proposed development, alcng ~itk ....
landscaping features,..setbacks, and open s~ace, are designed
to essence the entrance of this inportan% gateway into Collier
--. ~.... , . .' ..-. , . .. · ~? ~'.. : . .
7. ' The project is ~ompatible with adjacent land uses th-cu~h e~,
internal arrangement of structures, the placement of land use
....~... .............. buffers, and the proposed development .standards contained ¢.~.
herein. ' ..... · · ' '-'
8. All improvements shall be in compliance with applicable '
regulations.
9. Provisions are incorporated into this project to protect tke
endangered species, the Red-Cockaded Woodpeckers, believed to ~.
be located on this site· .-.
10. All final local development orders for this " ~ _ '
subject to the Collier County Concurre-~ - ....... ~o2ec~
i,.,ple..,ented by the Adequate Publxc ~acilities Ordinance. s
SECTION II
PROP=--RTY O'-~2ERSHIP, LEGAL D£$CRI~TION,
A2;D SHORT TITLE
2.1 P~OPERTY
.. .The subject property is currently o'~ned hy Traders Unli=ited
· ' 'of ~;aples, Inc., The Mutual Funding Realty of Florida, and
Walter T. Donovan, Trustee.
2.2 LEGAL DESCRiPTIOn;
~"Pa-~cel of l'and located in the ;forth % of Section 30,
To'.,~chip 48 South, Range 26 East, Collier County, Florida,
being more particularly described as follo;'s: ..
~o--.ence at the ::orth:'est corner of Section 30, To'.T. ship 4S
South, 'Range 26 East, Collier County, Florida, the sane hein~
a point on the ~:ortherly right-of-way line or Innokalee Road, . :
C.R.. fS46.a 100.00 foot right-of-way; thence run South 88 24' ~:..-~
18" East along the ,%;orth line of the Northwest quarter cf the '..'~.'.:.~'
.... said Section 30 and along said right-of-way line for a '-.~"--:.~':.;
' distance of 19a0.23 feet to the North'~est corner of the East
, : .... half of the East half of the ;~orthwest quarter of the said :,::."o'~?.'~
· .' . .' Section 30; thence run South 00 31' 31" East along the Wes=-
" '"'.'>'~'~' i. '~ line of the East half of the East half of the ~;orth'.'es=.:
,.'.?.'?.::'...!,:7~L.": ~ quarter of the s.aid SeCtion 30 for a distance of 113.85
'.':',.~'...~?'-~.-~.~-.C;%_to.a' point On ~he soUth'.'esterly right-of-'.'ay line of S.R. f93
'~'~'~-!"'~'--.':~':'~(Interstate'75)'and the POI::T OF BE~I~e;I~:G of the parcel of .~...~..~.'~
'.. i_ ' land herein .described; thence continue S. 00 31' 31" East
· '":.:~:'-k:'.vl'7;.::~.'-':along'the'West line of the East half of the East half.of t_he
~:orth','est quarter of the'said Section 30 for a distance of
2556.01' feet to the Southwest corner of the East half of the :...%~
East half of the };ort_hwest quarter of the said Section 30;
thence run South 88 23' 44" East along the South line of the
);orthwest quarter of the said Section 30 for a distance of
"':'~")~'~3
659~84 feet .to. the Southeast corner of the Northwest quarter
of the said Section 30; thence run North 00 31' 12" West
the East line of the Northwest quarter of the said Section 30 ...... '
for a distance of 1334.98 feet to the Northeast corner of tke
East half of the Southwest quarter of the Northwest quarter cf . '". .
the said Section 30; thence run South 88 24' 36" East along ' ":
the South line of the Southwest quarter of the Southwest ~""
quarter of the Northwest quarter' of the ~;ortheast quarter cf ......
the ~aid Section 30 for a distance of 330.22 feet to the
Southeast corner of the West half of the West half of the :'
Northwest quarter of the Northeast quarter of the said Section
30; thence run North 00 31~ 40" West along the East line of
the West half of the West half of the Northwest quarter of the
Northeast quarter of the said Section 30 for a distance of
AGEND
:JAN 2, 1 3997
1001.30 feet to the Southeast corner of the Northwest quarter
of the North'.'est quarter of the North'west quarter of the
North'west quarter of the Northeast quarter of the said Secticn
30; thence run North 88 25' 16" West along the South line of
the North','est quarter of the North'~est quarter of the
North'~est quarter of the Northeast quarter of the said Secticn
~0 ~'6~ ~ distance of 100.07 feet to a point 100.00 feet West
.of, as measured at right angles to, the East line of the
~orth~'est quarter of the Northwest ~arter of the North'~es~
quarter of .the ~;ortheast ~arter of the said Section 30;
thence run North 00 31' '40" ~'est, parallel with the East line
o. f ' the" North'~est'- ~a~er-of--the-.North.west-.~arte~of-the
No?thwest ~arter of the Northeast ~arter of the said Secticn
30 for a distance of 193.66 feet to the South~'esterly right-
of-way line of.S.R. ~93 (Interstate 75); thence run North
25'.29" West along said right-of-way line for a distance cf
246.!4 feet; thence run North 85 38' 38" West along said "
..r'ight-of-'~ay.line.for. . . a distance of 545.52 feet to the ~O.~ ~"'...
fg.ntaLning ~7.-07. aq~es,L~ore.or, less... . ~ ~
..Subject to easements, rese~,ations or restrictions of record. "'~'~{'
~earings ;efer to an ass~ed ~earing of S. Sa 24'
'the. North line of the North'~est ~ of Secticn 30, To~ship 48 .'.,::?~.'~'~
.. Planned Unit Development Ordinance".
SECTION III
STATLM. ENT OF INTENT
3.1 INTRODUCTION
I~'is the Project Developer's intention to develop a mixed use
center with the full range of compatible and complimentary
land uses'including retail, office, motel, and residential
~ei' It is the.purpose of this document to provide the
re~uired'developmen~ standards for the project.
3.2 ~ROJECT DESCRIPTIOn"
~h~s projec~'is designed for interactive uses, residential,
tonnercial and office uses, as set forth in the Future Land
Use £1eme~t of the Gro',-.h Management Plan. To the north cf -'
this developmen=, adjacent to Inmokalee Road, the co.-~-ercial
ahd.office uses ~ill be located to act as a buffer area and as
transitional uses to the residential uses to the southern area
of this development. Additionally, extensive open spaces have '.:.
been set aside to act as preserve and foraging areas for the
~ndangered species located on this ~ite.
. A. Re~lations for develo~:ent of Donovan Center shall ke in
'' : '"'< '".~'~17 accoYdance ~ith the contents of this doc:ent, PC~-
. , .-.in ~ffect at the~tlme of bu~ldin e~it a ' ~' -
.. , :' ' i ''-Should the~e re~lations fail to provide develop-em'al
. standards, then the provisions of the most similar
~"'~..district i~the Co~ty Zoning Ordinance shall apply.
B.'' Unles~ otherwise noted, the definitions of al~ t----
shall be t~e same as the definitions set forth in Collier
County Zoning Ordinance in effect at the time of building
pe~it application.
C. All ~ondit~ons imposed and all graphic material ~resen=ed ..
depicting res:rictions for t~e development of Donovan ....~:_:
Center shall become part of the re~!ations which govern
the manner in which this site may be developed. "~'" '
D. If not specifically set f~rth or provided for in thi~
ordinance, then provisions of the Collier County Zoning ~:'~"
Ordinance 82.2, as amended, shall apply.
',3AN 1 1997
A. The project Master Plan, including layout of street~ and
land use of the various tracts, is illustrated
graphically by Exhibit "A", PUD Master Plan. There shall
--bt-eight land use areas, plus necessary water management
lakes,.street rights-of-way, the general configuration of
which is also illustrated by Exhibit A. The final
. ... location of the buildings and water nangement systems
shall he determined at the tine of site develcpnent plan.
--. The location of these buildings shall, however, he in the
tracts set forth on the PUD Master Plan.
B~-" TraCt .Use ~,p~ro×~.-ate Acreece
'.. 6 - 7 Office and Other ..
~. Non-Retail Uses 8
Up to two hundred and fifty thousand (250,000) square
_-_=: · feet .of retail or office develop:ant is permitted within .
--.: this Planned Un'it Develc.~zent 'within the t'.'enty-six (26) .. '~.
acres depicted for these uses (see the PUD Master Plan
_._ for the land use tracts). .... "
>. in addition, motel uses =ay also he permitted at a
'".' d. ensity of up to twenty-six (26) units per acre, for .
..... ~....~....:
.... :: ..... ~'"'~"--~.'?" .All ,residential .land uses on the twenty (20) acres ....
d.esignate~l~as-rgsi..dential shall be develcped 'with 140 -'.,
.... "- ..... ~.'..~ .... dwelling units, ~-aximun, as set forth by the Gro'.~h ~.~-,:.,:.~.-.
F..anagement Plan.
C. The anticipated tine for build-out of the entire project ..
is ten (10) years or by the year 2000. ".";""
D. Areas illustrated as a lake by Exhibit A, shall be
· - · · ..... constructed as a lake, or parts thereof, -.ay he ..:..:-.~.%:. ,.'
constructed as shallow, intermittent wet and dry
depressions for water retention purposes. Such areas,
the lake and intermittent wet and dry areas shall be in
the sane general configuration and contain the sar. e
general acreage as shown by ELhibit A.
E. In addition to the various areas and specific items sho'.'n
in Exhibit "A", easements, as necessary (utility,
private, semi-public, etc.), shall be established within,
or along, the various tracts.
AGENDA
JAN 1
SIGNAGE
The developer intends to create a unifo.~!y designed special
signage and identification system including but not limited to
subdivision and entrance signs for the project to cczplinent
the intended development thenes and architectural styles.
Such signs are intended to be located and permitted at all
project entrance points as well as at other strategically
identified areas which will be enforced through restrictive
covenants and/or architectural controls (see also Section
4.5e) and application of the Sign Ordinance of Collier County.
Utilization of the right-of-ways for landscaping decorative
entrance ways, and signage shall be subject to approval by the
M~n~ger of Project Revie~ Services or hi~ designee consistent
wltn acceptable engineering ~ractices to insure pedestrian and
vehicular safety. All provisions of the Collier County Sign
Ordinance, as azended, shall apply.
3.6 ~.-,.D..=.,TS TO THIS
~mendments to this Ordinance and Master Plan will be pursuant
to Section 7-27j of the Collier County Zcning Ordinance, as
re'/is~, at t~e tize the azend~ent is re~;ested.
~RCJECT PL~3; APPROVAL REOUIR---.--Y~,;Tg
Prior to the recording of the Record Plat, when required by
the Subdivision Regulations Ordinance, final plans of the
require~ .i=p_ro~?:ents s~all receive the approval, of all
appropr&ate.collier county ~overr~ental agencies to insure
cozPlianc&~.Qi~h'.~he PUD Mas.er'Plan, tke County Subdiv~.~-~
ELhib'it'",,A,, PUD 'Master' Plan~ constitutes the required
Dve!opment Plan. Subsequent to or concurrent with
approval, a Subdivision Master Plan shall be submitted for the
~ntir~ area co'vere~ by the Pb~ Master Plan. All division of
property and the developnent of the land shall be in
9oupl~?pce with the Subdivision Regulations.
The pr0visions'~f section' ~0.5 ~f the Zoning Ordinance shall
apply to the development of all platted tracts, or parcels of
land as provided in said Section 10.5 prior to the issuance of
a building per-mit or other development order.
3.7
4.1
?~pos~
SECTION IV
GENERAL DEVELOPMENT REGULATIONS
The purpose of this Section is to delineate and genera!l.:.
describe the project plan of development, the respective land
uses included in the project, as well as the project's
development criteria.
4.2 Q-~:;ERAL
Re=~ulations for development shall be in accordance with the
sSandards set forth in this document. ~%ere specific
development standards are not set forth, applicahie
development standards of the Collier County Zoning Ordinance,
in'-effect.- at the time of construction permitting for
activities pe.'-~.itted by these regulations shall apply.
4.3 PEP~ITTED USES ~;D
Tracts one (1) through five (5) are permitted to develop with
the'full range of cor~ercial uses as listed below. Tracts six
(6) and seven (7) are permitted office, motel and other non-
retail type uses, and may include motels, offices, and
distribution facilities in combination with
:. sPpporting"o~fice space 'and othe~ uses similar in character.
Uses and StructureM: No building or structure, or
part thereof, shall be erected, altered or used, cr
land or water used, in whole or in part, for o~her
than the following:
1. Permitted Prlnci~al Uses and Stru~turg~:
a. Antique shops; appliance stores; art
studios; art supply shops; automobile
parts stores; automobile service stations
with repairs (in accordance with the
standards of Section 9.8 of the Zoning
Ordinance);
b. Bakery shops; bait a'nd tackle shops;
banks and financial institutions; barber
and beauty shops; bath .supply stores;
bicycle sales and services; blueprint
shops; bookbinders; book stores; business
machine services.
1997
c. Caruet and floor covering sales - ~hich
may include storage and installation;
clothing stores; cocktail lounges (in
accordance with the standards of Section
8.11 of the Zoning Ordinance); cor.v, erc!al
recreation uses - indoor; cor_r, ercial
schools; confectionery and candy stores.
d. Delicatessens; department stores; drug
stores; dry cleaning shops; dry
stores; and drapery shops.
e. Electrical supp!y stores;
rentals including la%~ mo~ers and
sa~s.
f. Fish market - retail ch!y; floris~
fraternal and social clubs (in accordance
-; with the standards of Section 8.11 cf
Zoning Ordinance); funeral hones;
furni=ure stores; furrier shops.
g. Garden supply stores - outside display in
side and rear yards; gift shops; glass
and mirror sales - including storage and
installation; gouger shops.
"' . · : '.,', ' .. ~.' Hard-are stores; health food stores;
j. JeTel~f stores.
..~ k. ·Laundries - self service only; leather
.. goods; legitimate theaters; liquor
stores; locksmiths.
offices and clinics; millinery shops;
motels and hotels; motion picture
theaters; museums; music stores; minor
automobile repair work.
Ne~ car dealerships - outside display
permitted; news stores; night clubs (in
accordance ~ith the standards of Section
8.11 of the Zoning Ordinance). :
n. office - general; office supply stores.
JAN 2 ! gg7
o. Paint and wallpaper stores; pet shops;
pet supply shops; phot:graphic equip:em%
stores; pottery stores; prin~!ng;
publishing and mime¢graph services
private clubs (in aczcrdance with~..~-_
standards of Section ~.11); professional
offices.
p. Radio and television sales and services;
radio station (offices and studios) and
auxilia~! transmitters and receiving
equipzent, but not principal transmission
towers--research---and -"design--la~s,
restaurants - including drive-in cr fast
fccd restaurants; (in accordance ":'~.....
standards of Section ~.ll of the
Ordinance).
g. Shoe · repair; shoe stores;
centers; souvenir stores; sta=icne~:'
stores; supern, arkets; sanatoriuzs.
r. Tailor shops; taxidermists; tile sales-
ceramic tile; tobacco shops; toy shops;
tropical fish stores.
s. Upholstery shops.
. . . .. . ' t. Variety stores; "''::;":
vehicle ' rental : - .~...~--~::
-.''. ...... ;.~'..'~.2.,~..'~,..'..~':.']/.'~..~::...'~ .....~.' automobiles only; veterinarian offices.,.~.~;.~.'-~'~l
............. ....~,..~ ~ ...... ,.~,,..,.... .... :.....~ ...... and clinics - not outside kennels ....... · .....
... ........... . = ,. ~..~'; ,.. u. Watch and precision instr%Lnent repair ...... ,,~.'~
shops.
· .. :: ~'.~
'.. : v. Any other commercial use or professional...,o~...,~"
· ' services which is comparable in nature
· . with the foregoing uses and which the
Manager of Planning Services/Zoning
................... ~.~ ............ Director or his designee determines to ke ....
comparable to and compatible with the
foregoing uses... .~."~'"", .~"
2. ~CCC~$OrY UFes:
a. Accessory uses and structures custo=ary
in commercial areas including '~
recreational facilities, sewage treatment
plant facilities and other essential ~ · ·
services as defined in the Collier County
Zoning Ordinance. ...
'JAN i 1997
4.4
1.
b. Warehousing and wholesaling use~
comparable uses when ancillary
accessory to a permitted use.
Residential U~es CTrac: 81:
A. Use~
part
land
than
and
and
and S~ructure~: No ~uilding or structure, er
thereof, shall be erected, altered or use~, or
or water used, in whole or in part, for other
the following:
1.Permitted Pr~ncioal Uses and Structure:~:
a,/ ,.ul,i-~amily housing.
b. Adult c:ngregate living facilities.
2. ~,cce~scrv USe~:.
Accessory uses for any structures customary in
residential areas, such as swir~ming pool,
project clubhouse, tennis courts. In
conjunction with ACLF uses, may include cc--on
eating/living, exercise rooms, etc. ~.'];~
D-=%r:=LOPLr~rf ST~;D~D~ · .
~a×i~um };uDber of ~ote! Uni~ - ~;enty-six (26) units per
acre with a mini=u_~ floor area of:four hundred (400) .... '~'
square feet andre =axizum floor area of five hundred and
fifty (550) square feet for each motel unit.
~tbacks From Tract Boundary or Street Ri~ht-of-~a~ "-
A.. .Front Yar4 - ~enty-five (25) feet
B Rear Yard - ~enty-five (25) feet
C. Side Ya~ ..- Fifteen (15) feet ":'~J
D. Preserve Are~ - Fifteen (25) feet
3. ~a×i~u~ ~eich~ - Fifty (50) feet above flood elevation
or mean sea level.
4. Parking - As required by the Collier County Zoning "
Ordinance at the tine of final site development plan.
5. Distance Between structures OD the Sane Tra¢~ -'One-half
of the sum of the building heights but shall be a minimum
of fifteen (15) feet.
l0
JAN 2 1 1997
6. .' t -v s s an uc~u-e~ - Accessory uses
and structures typically associated with motel uses such
as recreational facilities, maintenance facilities, and
t.e_mp, or__ar~v .s__tora. g_e..area.~ for guests provided they are
properly screened.
4.5 OTHER DEVELOPMENT STANDARDS
1. $iqna~e Re.~u irement s
........... ;r:~ .~ AT~=~- Th e .--pr oj eot .--. entry= s tgns.-sha 11.-. be .-. locat ed .--onre-a-ch.
side of the entry. All buildlng signage shall he
marque ty~e, mounted to the facade, and con$ister, t .'.!'.!.
in lettering and coloring. '..
B. Signs located at all individual entries and -within
the =edians shall be consistent in materials and .:
color. All-l~.-dividual parcel identification or
directional signage shall be lo'; intensity ground
signs .... Sign .supports shall be constructed out of
wood or masonry and should be des'i%ned as an .":.:.-~.-'~.
integral part of the sign.
C. Specifically prohibited ~ithin this development
D. All signage ~h~ll b~ i5 accordance uith the
standards set forth in the Collier County Sign
· ordinance, unless otherwise azended herein.
E. '~t~? Development Standards - ~%ere development
standards are no= specifically provided for in this
.............. "' " d-0~u~ent for such things as signage and landscaping
2o
.t_he__typig~l standards in effect at the time pernits ...~.~,
are requested of the Collier County Sign Ordinance
.... and Collier County Zoning Ordinance shall apply.
Landscape Standards '..'. ·
A. Canopy trees shall be planted every thirty linear ':
feet. At the time of planting, they shall be ten .J'. ·
to t~elve (10-12) feet in height with a'five (5) ~..
foot spread. They shall be of a species that have .'.~
a minimum t~enty (20) foot diameter in ten (10)
years or less. Additionally, forty (40) percent of
11
all canopy trees shall be slash pines. Three (3)
slash pines shall be equal to one (1) canopy tree.
The minimum size of slash pines at planting shall
be six to ~even (6-7} feet in height with at least
a four (4) foot spread.
B. A minimum of seventy-five {75) percent of al! ney
plantings shall be native vegetation, indigenous to
the area.
C. Landscape materials used on individual parcels
shall be consistent with the street scape and
median plantings.
D. Vehicular use areas adjacent to right-of-ways and
interior property lfne~ shall have the equi';alent
of one canopy tree for e'ze~y fifty (50) linear feet
or fraction thereof.
E'. The '!hal - % -, - ~n~urpora~e
native vegetation ~o the -ax:-un ex'em poss:~e
Retained native
vegetation shall be counted toward
minimu~ landscape requirements, as long as it
exceeds the minimum Collier County Zoning Ordinance
require=ents.
3. Land~caDe Buffer
' · · .3.-.>..'~-.i.'~ . A..' A landscape buffer, contiguous to adjoining tracts, .....::'...
· · each parcel abutting Innokalee Road, measured frcn
.. "'the right-of-way line of the secondary east-~es=
.... . access road. Canopy trees shall be planted within
· .: ..... :~'.'-:-'.i~:.~... ~ the right-of-way and buffer to provide the · ..
e.~uivalent of one canopy tree for every thirty (30)
.~.. linear feet or fraction thereof. · .... .:-.
B. Parcels abuttin~ the entrance boulevard shall "°'~:
provide a minimum fifteen (15) foot side landsca=e
............ '. .... buffer, measured from the property line. CanoPy ' '~"~
buffer to provide for the equivalen~ ~ --- y and
~ ~ ~n~ Canopy '
tree for every thirty (30) linear feet or fraction
thereof.
C. There will be a ten (10) foot landscape buffer at
the perimeter of the residential portion of this
project, utilizing any existing vegetation that
meets the intent of Section 8 37 of the Zoning
Ordinance. '
D. The sewage treatment plant area shall have a buffer
around the perimeter cf the plant that conforzs to
the requirements of Section 8.37 of the Zcnfn~
Ordinance.
Each parcel, as it is developed, shall design and
install a buffer area that is contiguou~ to tke
parcels on either side. The final result ~ha!! ke
a continuous unified buffer.
,'JAN g ! 1997
SECTION V
TRA3;SPORTATION IMPROVL~E:~TS
The purpose of this sectlcn is to set forth the general
transportation commitments for the project.
1. Access to Immokalee Road shall be via thee×.s..nq' ~ ~
frontage road. Upon the four laming of In~okalee Road
the existing median opening may be closed.
2. The developer shall Drovide a fair share contribution
toward the capital cost of a traffic signal, includ!n~
interconnection where appropriate, at any future major
access that serves the project via an extended frontage
road when deemed warranted by the County. The signal
will be owned, operated and maintained by Collier County.
3. The developer shall provide arterial level street
lighting at the project entrance.
4. The proposed water zanagenent outfall is northuard into
the Cocohatchee Canal; the outfall structure within C.R.
846 right-of-way shall be designed and constructed so as
to provide capacity to handle road runoff from the C.R.
.......... 5.'" 'Un~ess already dedicated along C.R. 846 frontage, right-
of-way dedication will be necessary to provide a road
" corridor width of 150 feet, minimum. Additional right-
of-way may also be required for turn lanes and shall be
determined at the tine of the processing of the required
site development plans.
6. ~he road impact fee shall be as set forth in Ordinance
85-55, as amended, and shall be paid at the time final
SDP's are approved unless otherwise approved by the Board
of County Commissioners.
7. Access i~provezents shall not ~e subject to impact fee
credits and shall be in place before any certificates of
occupancy are issued.
8. All traffic control devices used shall conforn with the
Manual on Uniform Traffic Control Dev~e~ as required by
Chapter 316.0747 Florida Statutes. ;
14
!
',lAN 1 997
o
6.1
SECTION VI
b"IILITY A2;D ENGINEERING REQUIRLU. ENTS
The purpose of this section is to set forth the utilities and
engineering requirements which must be accor~v, odated k'! the
project Developer..
Ut'
..%l~ties
1. Water distribution, sewage collection and transzissicn
and interim ~ater and/or sewage treatment facilities to "
serve the project are to be designed, constructed,
conveyed, o%~ed and maintained in accordance with Collier
County Ordinance No. 88-76, as azended, and other
applicable County rules and regulations.
2. All custozers connecting to the water distribution and
sewage collection facilities to be constructed will he
customers of the County and will be billed by the County
in accordance with the County's established rates .....
Should the County not be in a position to provide water ...~.~'.
and/or sewer se~¢ice to the project, the water and/or ..'..~.i.
sewer customers shall be customers of the interim utility
established to serve the project until the County's off- ..:...'.;~7.
site water and/or sewer facilities are available ~o serve
~e project...,'.i.~ ~... - .1.'
It is anticipated that the County Utilities Division will .~.
ultimately supply potable water to meet the consuzptive :~..~..~.
demand and/or receive and treat the sewage generated by
this project. Should the County system not be in a
position to supply potable water to the project and/or
receive the project's wastewater at the time development
co~ences, the Developer, at his expense will install and
operate interim ~ater supply and on-site treatment :'
facilities and/or interim on-site sewage treatment and
disposal facilities adequate to meet all requirements of
the appropriate regulatory agencies. An agreement shall
be entered into between the County and the Developer,
binding on the DeveloDer, his assigns or successors
regarding any interim treatment facilities to be
utilized. The agreement must be legally sufficient to
the County, prior to the approval of construction
documents for the project and be in conformance with the
requirements of Collier County Ordinance No. 88-76, as
amended.
15
4. If an interim on-site water supply, treatment and
transmission facility is utilized to serve the project,
it must be properly sized to supply average peak day
domestic demand, in addition to fire flo~ demand at a
rate approved by the appropriate Fire Control
servicing the project area. -- -
5. Prior to approval of construction documents by the
County, the Developer must present verification pursuant
to Chapter 367, Florida Statutes, that the Florida ~ublic .
Service Cozmission has granted territorial rights to the
Developer to provide sever and/or water service to the
project until the County can provide these services
· . through its water and sewer facilities.
6. The utility construction documents for the project's
sewerage system shall be prepared to contain the des!ch "
and construction of the on-site force main uhich
ultizately connect the project to the future central
sewerage facilities of the District in the I~nokalee Road
rights-of-way. The force main must be extended f~cn -
~i~ on-site pump s'ation to ....... - ~he
Z~ ~okalee Road and ca~e~ ..... Lr~gh~s o..ay lin~
~u ~ne p'u~p station ~i~2~2__1~ ~ ~e interconnected
permit for si=-le re57L~,~Prz~y located valves to
~ uzz~uuzon of t~e project,s sews e ·
when connection to the County,s cent~ ~ _: :
~ecomes available. ~. - ..... wet fa~zlztzes
'':-:c:") i.' ,'i'.. ' '7 '. ~ ' · -
.... ~ .... ""':. · The "on-site '.'".'
~ .... ~ ........ "~ ......... project must.water':distributIon system to serve tke
De connected to the District,s 12 or 16 inch
W~ter main on the south side of I~-.~okalee Road, extended
'"'"':" :':"~'"' '/"-' ' eastward to the east boundary line o~ the project ..
the County,s Water Master Plan. The coordination for the .
', location and sizing of the ~ain extensio
processed~rough the County Utilit,- -=-. .n shall be
design of = u~visl ·
~nese facilities, t~, , ....... on. During ....
.... ~u~ow~ng features shall
be incorporated into the distribution system:
a. Dead end mains be eliminated by loo~ing the
internal pipeline network.
b. Stubs for future system interconnection with
adjacent properties shall be provided to the west,
and the south property lines of the project, at
locations to be mutually agreed to by the County
and the Developer during the design phase of the
project.
!
16
JAN 2, 1 1997
~n~ineering
Detailed paving, grading, site drainage and utility plans
shall be submitted to Project Review Services for review.
No construction pe.~its shall be issued unless and until
approval of the proposed construction in accordance with
the submitted plans is granted by Project Revie'~
Services.
2. Design and construction of all imprcvements shall he
subject to compliance with the appropriate provi~icns of
the Collier County Subdivision
3. This project is reco--ended for approval for re:on!hq
purposes only. A Subdivision Master Plan shall
submitted and approved at a later date, where re~2ired.
4. Work within Collier County or Private rights-cf-va? shall
zeet ~the .re,.~uirements of Collier Ccunty right-of-way
Ordinance 82-91.
5. All requirezentsof the subdivision ordina,~ce zust ~e
Since no variances ~ere requested, unless requested at
the time of S.~2~ submittal.
6. An ingress/egress access between the project site and the
adjacent properties on the east shall be dedicated to the
public as a right-of-way.
Access 'to tracts 2, .3 and 4 mu~t be provide~ as a
dedicated right-of-way, said road shall provide a cul-
de-sac at the end dedicated right-of-way adjacent to
Tract 4, should project interconnection not result.
8. The parking {or located on the building south of the
property shall provide a minimum internal radius of 25
feet and external radius of 50 feet in order to
accommodate the safe maneuvering of emergency vehicles,
should:'it be recommended by the North Naples Fire
District
17.
SECTION VII
WATER M~AGF.MENT STA3~DA~3S
7.1
?tmpos~
The purpose of this section is to set
managezen% commitments for the project.
1.
forth the water
A copy of SF,~D Permit or Early Work Permit is requ~re~
prior to construction plan approval.
2. ~n Excavation Permit will be required for the propose~
lakes in accordance with Collier County Ordinance ~:c. 88-
26, as amended and SF,~D rules.
3. Due to the mixed land use within this project, a Master
Drainage As~cciation, holding ultimate res~onsibi!itv
the operaticn and maintenance of the uroiect's
facilities, will be for~..ed. ' .....
4. A Florida Department of Transportation and South Flcrida
Water Management District permit approval to outfall intc
the Cccohatchee Canal shall be submitted ~efore
construction plans approval.
5. The South Florida Water Management District per,-it shall
reflect the average width of the lake to be less than 100
..... feet, provided the width still meets the minimum depth
..ij'.~ ~;~"~':' requirements.of Ordinance 88-26.'-.~':
6. Lakes near wetlands shall be relocated a minim~ 200
"'~:'~" .... ~' ~ '" ........ from the wetland in accordance with South Florida Water
Management District rules.
7. Detailed water management plans and supporting
calculations signed and sealed by a professional engineer
shall be provided prior to preliminary Site Development
Plan approval or S:.~P approval.
18.
No. ~
'JAN 11997
SECTZON VZZI
E:~ZRO~ENTAL ST~DkRDS
1 PURPOSE
The purpose of this section is to set forth the environmental
cor.~itnents for the project.
1. Petitioner shall be subject to Collier Count'.'
Comprehensive Plan - Conservation and Coastal Manage=em%
Element Policies 6.4.6 and 6.4.7, Ordinance No. ~2..2 as
__ amended by Ordinance. No...SPr49,..~nd Ordinance No. 75-2!
as amended by Ordinance 270. 75-21 as ·amended by Ord~n~ce-"~--
No. 89-58. At least 25% ¢11.7 ~cres) of cont~0u~
~atfve vecetat~¢n to ke retained on site shall ~nclud..
the follQ~iDq:
A. 6.3 acres of ~etlands shall be preserved c.- upland
compensation may ke considered for mitiga:ion of
disturbed ~etlands. If upland compensation is
approved, it shall be mitigated for at a 3:1 ratio
-:-by.. providing .red-cockaded. ~oodpecker habitat
preserve area that includes natural buffers around '. ....
all starter holes and nesting cavity trees. These
buffer radii ~hall be established by the Florida
Game and Fresh Water Fish Commission and the U.S.
Fish and Wildlife Service.
· :': · B.... All re~aining acreage shall include ~cnt~cucus ... ":'.
3. Boundaries of.the County Jurisdictional ~etland/up!and
preservation areas shall be flagged by the petitioner and
field verified by Collier County Environmental staff
prior to approval of a subdivision master plan for this
property. .~.~ :
4. P~titioner must provide documentation of all
jurisdictional ~etland delineations from U.S. Corps of '" '
' "?"' Engineers, South Florida Water Management District, and .-..'~
Collier County, prior to approval of a subdivision master
plan for this property.
5. At the time of platting, all preserves, uplands and
~etlands shall be recorded as tracts and be subject to
protective covenants uhich require the areas to be
maintained in their natural (unaltered) state.
6. Protected species surveys shall be required for all
subsequent site development plans submitted to the County
for approval if previous surveys are over t~o (2) year~
19
old.
Prior to approval of a subdivision master plan for ~ '-
property, the applicant shall provide evidence that all
alleged tree renoval and protected species violations
have been resolved with Collier County Compliance
Services, Florida Came and Freshwater Fish Co,.~mission and
the U.S. Fish and Wildlife Service.
The applicant shall he subject to all environnenta!
ordinances in effect at the time of development order
approvals.
Pb~ approval does not relieve the applicant
supplying necessary infcr~.,ation re~ired for approval cf
development orders re~ired for this project (i
wildlife surveys, etc.)'. ' '
2O
x
'T
'JAN £ 1 1997
EXECUTIV~ S~Y
WATER AND SEWER FACILITIES ACCEPTANCE FOR
WILSHIRE LAKES, PHASE TWO
OBJECTIVE: The Board of County Commissioners, Ex-Officio the
Governing Board of the County Water-Sewer District, to accept the
newly-constructed water and sewer facilities to serve Wilshire
Lakes, Phase Two and.authorize the recordation of the appropriate
legal documents.
CONSIDERATIONS:
1) The developer of Wilshire Lakes, Phase Two has constructed
the water and sewer facilities within dedicated utility easements
to serve this development. See attached location map.
2) Deed, Bill of Sale and other related documents have been
submitted to Engineering Review Services in order for the County
to accept the water and sewer facilities in accordance with County
Ordinances 78-10 and 79-33.
3) The water and sewer facilities will be, upon acceptance by
the Board, operated and maintained by the County Utilities
Division under a one (1) year maintenance guarantee furnished by
the developer.
4) The on-site inspection of the sewer facilities and water
facilities has been conducted by the County Engineering Inspection
section with the finding that the water and sewer facilities have
been constructed in accordance with County Ordinances and
Regulations.
5) The legal documents have been reviewed by the County Attorney
and are legally sufficient for acceptance by the Board.
6) Surety for utilities
improvement acceptance.
is covered 'under the
subdivision
FISCAL IMPACT: The water and sewer facilities were constructed
without cost to the County Water-Sewer District. During the first
year, the water and sewer facilities are under a Contractual
Guarantee. After that time, the cost of operating and maintaining
the water facilities will be paid by monthly user revenues.
Executive Summary
Wilshire Lakes, Phase Two
Page Two
GROWTH PU~NAGEMENT IMPACT: The sewer facilities will be connected
to the North County Regional Wastewater Treatment Plant and the
water facilities to the County Regional Water Treatment Plant.
This project will not create a new impact, as it has been planned
for within facilities available at present
RECOMMENDATIONS: That the Board of County Commissioners,
Ex-Officio the Governing Board of the County Water-Sewer District,
accept the water and sewer facilities for Wilshire Lakes, Phase
Two, with the following stipulations:
The water and sewer facilities to serve the project cannot be
placed into service and no Certificate of Occupancy shall be
issued until the following items have been furnished:
1) Florida Department of Environmental Regulation furnishes a
letter authorizing the placement of these systems' into service,
and;
2) Bacteriological testing has met the County's requirements,
and;
3) The Fire Flow requirements of the project have been satisfied,
and the Fire District furnishes a letter accepting the fire
hydrant for ownership and maintenance
~) Receipt of payment for water usage from Utilities for
bacteriological testing
PREPARED BY:
Shi'rley Nix, ~n~in6erinq Technician II
REVIEWED B'f:
Thomas E. Kuck, P.E.
Engineering Review Services ~4anager
Date
Date
~o. ~-~_~
JAN 21 1997
Executive Summary
Wilshire Lakes, Phase Two
Page Three
ng Service Department Director
Vincent A. Cautero, Administrator
COMIMTTNITY DEVELOPMENT AND ENVIRONMENTA SERVICES
attachments
Date
Da te
J/~N 2, I ~997
ROAD
0
B~IDGET
2
HOLLOw
AC~£S
25
;T
S
PHASE
36
VINEYARDS
OTRUS
1
S'nLES
PUD
3O
VIN L"YARDS
6
NAPL~S-IMMOKAL~E R0A :C.R. 84~) _.~
(c.R.
29
UNIT g7
32
UNIT g6
,EXISTING
PHASE ONE
VANDERBILT
33
ROAD
VINEYAJ~)S
.5
4
UNIT 95
J & C INDUSTRiaL PA~K
INDUSTRIAL P;NE A/R
VI ILLAGE LAJ<,ES
~2
7
UNIT
~NEYARDS
8
g
UNIT
32
PINE RIDGE ROAD
I/I/ _IMITV
~XECUTIVE SUMMARY
RECOMMENDATION TO APPROVE A RESOLUTION SUPERSEDING RESOLUTION
NO. 94-566 PROVIDING FOR TRAFFIC CONTROL MEASURES ON U.S. 41,
MAINTENANCE OF MULTI-WAY STOPS ON VANDERBILT DRIVE, AND MAINTENANCE
OF MULTI-WAY STOPS ON PLATTED LOCAL ROADS WITHIN NAPLES PARK.
_OOBJECTIVF: To obtain Board approval of a Resolution superseding Resolution No. 94-
566 providing for median controls on U.S. 41, and maintaining multi-way stops on
Vanderbilt Drive and on designated streets in Naples Park.
_CONSIDERATIONS: On August 2, 1994, the Board approved Resolution No. 94-566
(copy atlached as-Exhibit 1), providing for median
upcoming six-lane project providing for maintenance of openings on U.S. 41 during the
' multi-way stops in the Naples Park
area, and continuing traffic monitoring. As a resurt of the final design of U.S. 41 Six-laning
and the location/length of turn lanes for northbound left-turns from U.S. 41 onto 111"~
Avenue, and the southbound left-turn lane on U.S. 41 for the activity center on the east
side of U.S. 41, the previously designated directional median opening on U.S. 41 for 108'*'
Avenue is in conflict and requires closure (Reference Attachment 1 - Sketch). In order to
maintain the number of median openings, it is proposed to provide a "swap" of the median
openings pFeviously recommended at 106t*' and 108~' Avenues for median openings at
105"' and 107~h Avenues. To implement this change, Attachment 2 of Resolution No. 94-
566 needs to be revised. Accordingly, the attached Resofulion (Exhibit 2) with Attachment
1 has been prepared to reflect the above. In addition to the above "swap" of two median
openings, notes are being included in Attachment 1 to indicate the ability to modify median
openings at 91'~, 93''~ and 107~' Avenues as necessary for additional traffic control. The
modifications include signalizalion, median closure, and/or construction of diverter/lane
control.
Alternatives to/he above include: (1) Maintain Resolution 94-566 without modificat on' or
(2) Implement additional revisions to median control by Resolution. '
Concerning on-going traffic monitoring, there are projected traffic calming needs for
implementation where property owners are impacted by adverse changes in traffic patterns
as a result of either U.S. 41 Six-laning and/or other conditions. The forum to address
these traffic calming plans is the Neighborhood Traffic Management Program (NTMP), and
the report enhded, Traffic Management Plan for Naples Park, prepared by the Traffic
Committee of the property Owners of Naples Park (PONP). The PONP Report is an
example of NTMP efforts in /he community, and the Report provides information from
which future traffic calming decisions by the Board of County Commissioners can be made.
,
'." : :' ? ~
L ...... " '
EXECUTIVE SUMMARY
TRAFFIC CONTROL MEASURES ON U.S. 41
PAGE 2
FISCAL IMPACT: Not applicable; the recommendations in the Resolution relate to future
work by the FDOT as part of the future construction of U.S. 41.
GROWTH MANAGEMENT IMPACT: Not applicable.
RECOMMENDATION: That the Board approve the attached Resolution, authorize
execution by the Chairman, and direct staff to transmit copies of the Resolution as so
indicated.
PREPARED BY:
REVIEWED BY:
G. F. Archibald, P.E.
Transportation Director
RaymOnd W. Miller, P.E.
Acting Public Works Administrator
DATE:
DATE: ////3/¢ ~'
GFNmk/010897/ES Trfc Control N Naples.doc
EXHIBIT i
RESOLUTION NO. 94- 566
RESOLUTIOn! PROVIDING FOR THE ESTABLISH-
MENT AND IMPLEMENTATIO~ OF TRAFFIC
CONTROL MEASURES FOR THE NAPLES PARK
AREA BOTH WITHIN THE PLATTED LOCAL ROAD
SYSTEM AND O~ SURROUNDING MAJOR
ROADWAYS.
WT~EREAS, Chapters 316 and 336, Florida Statutes, and
Collier County Ordinance No. 91-25 provide authorizations for
the Board of County Commissioners to undertake traffic control
measures on roads under County Jurisdiction; and
~£EREAS, platted and constructed roadways within
Park are under the Jurisdiction of the Board of County
Commissioners; and
~g{EREAS, there are numerous traffic control measures which
are under consideration for implementation within the platted
roads of Naples Park; and
;.7{EREAS, appropriate traffic engineering studies and the
application of sound traffic engineering technologies are
prerequisites for implementation of traffic control measures;
and
~.~{EREAS, the following traffic control studies have been
performed for the Naples Park area: Traffic Count/Volume
Studies; Vehicle Speed Studies; Intersection Geometric
Studies; Traffic Accident Studies; License Plate Study
(Origin-Destination); Studies of Existing Traffic Control
Devices; Studies of Existing Traffic Patterns; Studies of
Surrounding Road Improvements; Studies of Proposed Traffic
Control Measures; and
WHEREAS, the following traffic control measures have been
reviewed for consideration of future implementation on platted
roadways within Naples Park: Speed Reductions; Establishment
of Multiway Stops; Thru-truck Restrictions; Sidewalk/Bikeway
Improvements; Median Access Control on U.S. 41 as part of
future six-laning; Use of Roadway diverters, channelization
devices, barriers/directional prohibitions, cul-de-sac
controls, etc.; and
WHEREAS, an initial summary of Naples Park Traffic
Analysis is provided as Attachment Number i and made a part
this Resolution.
Page 1
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COmITy
CO~ISSIONERS OF COLLIER COUNTY, FLORIDA that:
Based on the traffic control studies, traffic control
measures and recommendation of County staff, authorization is
hereby given to the Transportation Services Division to take
the following measures:
a. Advise the Florida Department of Transportation of
recommended median controls in accordance with
Attachment Number 2, attached hereto end incorporated
as a part of this Resolution.
b. Implement and/or maintain multiway stop controls on
Vanderbllt Drive at intersections with 97th and 106th
and controls on 91st, 93rd, 9?th, 101st, 105th and
108th Avenues at intersections with 6th, ?th and 8th
Streets (Total of 20 intersections).
c. Continue traffic monitoring within Uaples Park to
determine future need for speed controls, truck
restrictions and/or other traffic control measures.
Based on traffic data, the traffic control measures may
include those outlined above, the use of diverters, the
use of multiway stops, and/or other appropriate
measures as may be approved by the Board of County
Commissioners.
A copy of this Resolution shall be tendered to the Florida
Department of Transportation for consideration in the final
design of U.S. 41 six-laning.
A copy of this Resolution shall be tendered to the Collier
County Sheriff for information and enforcement as appropriate.
This Resolution adopted after motion, second and majority
vote.
BOARD-OF CO~;TY COMMISSIONERS
ATTEST: DWIG}~ BROCK, Clerk CO~iER CO~NTY~FLORiDA
~p~roved"as to form and C~a,~
legal sufficiency: ·
avid C. Wei~l /J --
Assistant Collier ~ounty Attorney
Page 2
ATTACHMEDT 2
COLLIER COUNTY
TRA~;SPORTATION SERVICES DIVISION
NAPLES PARK AREA TRAFFIC CONTROL MEASURES
SUB.TECT:
Recommended median controls on U.S. 41 as part of
roadway widening from four lanes to si~ lanes.
LOCATION
91st Ave
92nd Ave
93rd Ave
94th Ave
95th Ave
96th Ave
97th Ave
98th Ave
99th Ave
100th Ave
101st Ave
102nd Ave
103rd Ave
104th Ave
105th Ave
106th Ave
107th Ave
108th Ave
109th-ll0th Ave
NOTES:
(2)
TYPE OF
TURNING MOVEMENTS
ALLOi{EQ THROUGH 14EDIAI~
Directional NBL & SBL
Closed I~/A
Directional
Closed 1;/A
Directional I;BL & SBL
Closed I;/A
Directional ~BL
Closed N/A
Full (3)
Closed ~;/A
Directional I;BL
Closed N/A
Dierctional NBL & SBL
Closed N/A
Closed N/A
Directional NBL
Closed
Directional DBL
Closed N/A
"NBL" refers to northbound left turning movement~ U-turning
movements will also be allowed.
"SBL" refers to southbound left turning movements; U-turning
movements will also be allowed.
Based on full median opening and directional diverter
located on the east end of 99th Ave immediately west of
U.S. 41 right-of-way, the following U.S. 41 movements would
be allowed: l;orthbound U-turn, Southbound Left and
Southbound U-turn. Due to the diverter, the following
U.S. 41 movements would be prohibitive: ~orthbound Left,
Westbound Thru, Eastbound Thru, and Eastbound Left.
GFA/8294/7811
EXHIBIT 2
TO:
FROM:
DATE:
MEMORANDUM '" .... -.-:'""
~'::"" !~ ,~"
O. F. Archibald, P.E.
Transportation Director
Shirley Jean McEachern
Assistant County Attorney
March 11, 1996 : .- - ': :.
Review/Approval of Resolution for Traffic Control Measure for the
Naples Park Area
RLS #TRaN 960305-01
By copy of this memo I am returning your Resolution, with my signature, entitled
"Resolution Superseding Resolution No. 94-566 Providing for the Establishment and
Implementation of' Traffic Control Measures £or the Naples Park Area both within the Platted
Local Road System and on Surrounding Major Roadways."
As you know, I will be handling the contract review for transportation and other related
items including resolutions such as that enclosed. It would be appreciated if you would advise
when this particular Resolution shall be on the BCC agenda.
IfI may be of further assistance, please feel flee to contact me. Thank you.
SYM/mrb
Enclosure
cc: David C. Weigel, County Attorney
E'sjm~mcm,~'~'aflqc consol · archibald
ITEM NO.:
FILE NO.:
ROUTED TO:
Date:
To:
From:
DO NOT WRITE ABOVE THIS LINE (orig. 9/89)
REQUEST FOR LEGAL SERVICES
r
(I
.:
'._._...2--
March 4, 1996
Office of the County Attorney
Attention: '-~ .......
Assistant County Attorney
G. F. Archibald, P.E.
Transportation Director
Re:
Review/Approval of Resolution for Traffic Control
Measures for the Naples Park Area
BACKGROUND OF REQUEST/PROBLEM: (Describe problem and give
background information - be ~, ~oncise, and articulate).
County is proposing traffic control measures for Naples Park in
anticipation of U.S. 41 six-laning by the FDOT.
(Are there documents or other information needed to review this
matter? If yes, attach and reference this information).
This item has not been previously submitted. (If previously
submitted provide County Attorney's Office file no.)
ACTION REQUESTED: (Be very specific.
need in the way of legal services.)
Identify exactly what you
Review and approval of resolution w/attachment.
OTHER COMMENTS:
Please call X8494 if you have any questions and when item is
ready to be picked-up.
cc: File
(al~ requests must be copied to your appropriate Division Head or
Constitutional Officer).
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RESOLUTION NO. 97-.__
RESOLUTION SUPERSEDING RESOLUTION NO, 94-566
PROVIDING FOR THE ESTABLISHMENT AND IMPLEMENTATION
OF TRAFFIC CONTROL MEASURES FOR THE NAPLES PARK
AREA BOTH WITHIN THE PLATTED LOCAL ROAD SYSTEM AND
ON SURROUNDING MAJOR ROADWAYS.
WHEREAS, Chapters 316 and 336, Flodda Statutes. and Collier County Ordinance
I'Jo, 91-25 provide authorizations for the Board of County Commissioners (BCC) to underlake
traffic control measures on roads under County jurisdiction; and
WHEREAS. platted and constructed roadways w;thin Naptes Park are under the jurisdiction
of the BCC; and
WHEREAS, there are numerous lrafhc conlrol measures which are under consideration for
implementation wi:bin the platled roads of Naples Park; and
'//HEP. E~.S, appropriate traffic engineering studies and the application of sound traffic
e~g~neer~ng technologies are prerequisites for implementation of traffic control measures; and
WHEREAS. the foIIowing traffic control studies have been performed for the i'.,'aples Park
Area Traffic Count2VoIume Studies, Vehicle Speed Studies, Intersection Geometric Studies,
Traffic ,~,cciCer',t Stud;es. License PIat Study (Origin-Destination), Studies of Existing Traffic
Control Devices, S;ud~es of Ex~st~ng Traffic Patterns, Studies of Surrounding Road Improvements,
Stud=es of Prc~osecl Trafhc Control Measures; and
WHEREAS, the following traffic control measures have been reviewed for consideration of
future implementation on platted roadways within Naples Park: Speed Reductions. Establishment
of Multi-way Stops, Thru-truck Restrictions, Sidewalk/Bikeway Improvements, Median Access
Control on U,S, 41 as Part of Future Six-laning. Use of Roadway Oiverters, Channelization
Devices. BarrierslD~rectional Prchibitions, Cul-de-sac Controls, etc.
NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA. that:
Based on the traffic control studies, traffic control measures and recommendation of
County staff, authorization is hereby given 1o the Transportation Semites Department to take the
following measures:
a. Advise the Flodda Department of Transl:x~rtat~on (FDOT) of recommended median
controls in accordance with Attachment t,lo 1, attached hereto and incorporated as a
part of this Resolution.
b. Implement and/or maintain multi-way stop controls on Vande~ilt Drive at intersections
with 97"' and 106r" and controls on 91". 93"~. 97'". 101". 15"' and 108'" Avenues at
intersections with 6"`, 7"` and 8"' Streets (total of 20 intersections).
Page1 II
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Continue traffic momtonng ve~th~n f,laples Park to determine future need for speed
controls, truck restrictions and/or other traffic control measures. Based on traffic data,
the trafhc control measures may include lhose outlined above, the use of diverlers, the
use of multi-way stops, and/or other appropriate measures as may be approved by the
BCC.
d. The terms and provisions of this Resolution shall supersede the provisions of
Resolution bio. 94-566.
A copy of this Resolution shall be tendered to the FOOT for consideration in the final
design ot US 41 six.laning
A copy of this Resolution shall be tendered to the Collier County Sheriff for informalion and
enforcement as appropriate.
This Resolution adopted after motion, second and majority vote.
DATED:
ATTEST: BOARD OF COUhlTY COMMISSIOHERS
DWIGHT E. BROCK, Clerk COLLIER COUhlTY, FLORIDA
Approved as lo form and legal
sufficiency:
Shirley JoVan McEachern
Assistant Collier County Attorney
BY:
TIMOTHY L. HAHCOCK, Chairman
GFA/mkJ01OggT/Re$ t~aples Pk Trfc Controls doc
Page 2
COLLIER COUNTY
TRArlSPORTATION SERVICES DEPARTH[NT
PARK AREA TRAFFIC COrlTROL IIEASURES
SUBJECT: Recommend median controls on U.S. 41 as part of roadway widening from
Four lanes to six lanes.
TYPE OF TURrlIlIG ).IOVEHEriTS
LOCATIOtl HEDIAN OPENING ALLOWED IItROUGH H[0[A!(
91st Ave Directional [IBL & SBL
92nd Ave Closed II/A
g3rd Ave Directional FIBL
94th Ave Closed II/A
g5th Ave Directional NBL & SBL
96th Ave Closed N/A
97th Ave Directional t~BL
98th Ave Closed I~/A
99th Ave Full (3)
]00th Ave Closed Il/A
]Oist Ave Directional
102~D AVE Closed II/A
]03rd Ave Directional llgL & SBL
]04th Ave Closed IliA
]05th Ave Directional IiBL
]06th Ave Closed
107th Ave Directional r;BL
]08th Ave Closed II/A
109th-IiOth Ave Closed
(1) ")(BL" refers to northbound left turning movement; U-turning movements will
also be allowed.
(2) "SBL" refers to southbound left turning movements; U-turning movements will
also be allowed.
(3)
Bmsed on Full median opening and directional dtverter located on the east
end of 99th Ave in, mediately west of U.S. 41 right-of-way, the Following
U.S. 41 movements would be allowed: Ilorthbound U-turn, Southbound Left and
Southbound U-turn. Due to the dtverter, the Following U.S. 41 movements
would be prohibitive: r~orthbound Left, Westbound lhru, Eastbound Thru and
Eastbound Left. '
(4)
Hedian openings at gist Ave, 93rd Ave and I07th Ave shall be subject of
modification following six-land improvements. The modification may include
signalization at glst Ave, median closure at 93rd Ave and dtverter
construction at 107th Ave so as to prohibit future northbound left turning
movement.
GFA/mk/030496/10094
Page 3
I$
~XECUTIVE SUMMARY
REPORT OF TRANSPORTATION DEPARTMENT DIRECTOR'S DENIAL OF REQUEST BY
PELICAN BAY MARKET PLACE FOR REMOVAL OF MEDIAN CONTROLS ON VANDERBILT
BEACH ROAD AND FOR THE IMMEDIATE INSTALLATION OF A TRAFFIC SIGNAL ON
VANDERBILT BEACH ROAD.
_OBJECTIVE: Provide the Board of County Commissioners with a Report of: (a) Considerations
for existing median controls on Vanderbilt Beach Road; (b) Review of request by Pelican Bay
Market Place for changes in median co'ntrol and for signal installation; and (c) Transportation
Director's recommendations of denial of the above request subject to both reviews of steady-slate
traffic conditions following completion of the four4aning of Vanderbilt Beach Road and additional
traffic studies by both the County and the applicable developers.
_CONSIDERATtONg: The following information is provided in summary of the above objective,
and the numerous ~ttachments to this Report:
1. Vanderbilt Beach Road (VBR) Design-Traffic Circular;on: As part of lhe VBR Four-lane
Design, various median control plans were developed over a period of years. The final plan,
which was construcled, reflected the following analysis:
a. Existing and future roadway traffic on VBR.
b. Traffic Capacity in consideration of various traffic volume stud es, particularly the
development of major public road intersections on VBR (e.g., VBR and Hammock Oak
Drive).
c. Traffic control facilities and emergency service facilities in the area (e.g., signal system
at VBR/Hammock Oak Drive; signal system at U.S. 41/North Pelican Bay Boulevard'
emergency service access for EMS and the Sheriff's Department). '
d. Traffic circulation for the shopping centers to ensure "safe right-turn access" in all
directions for each of the existing shopping centers.
e. Accident data and information provided by the Sheriff's Department and the FHP.
f. Existing County Regulations to nclude the ULDC, the County's Access Management
Plan and the County's Activity Center Access Management Plan.
g. Public Input from the Norlh Naples area,
The conclusion of the above analysis was the decision of the Transportation Director to design
and construct median control to provide directional left-turn lanes in the median per Exhibit 1.
Such a decision provided improved shopping center access in comparison to no median
opening, but less shopping center access in comparison to a full median opening.
Upon development of the final plans per Exhibit 1, the Pelican Bay Market Place, through its
attorneys, Young, Van Assenderp & Vamadoe, P.A., submitted a letter with attachments dated
September 25, 1996 (Exhibit 2) in appeal of the median controls, and submitted a letter with
attached Traffic Signal Warrant Study dated November 18, 1996 (Exhibit 3). The basis of the
appeal, per Exhibit 2, were the following issues:
a. Median access being constructed is in violation of the following documents:
(1) Pelican Bay DRI.
(2) Pelican Bay PUD.
(3) Activity Center Access Management Plan.
(4) Collier County Planning Commission Resolution No. 93-29.
b. The Transportation Department Director's responses to the above allegations of appeal
are as follows:
Pelican Bay DRI does not address median control in that such action remains
subject to County, State and Federal regulations which, due to public safety and
welfare considerations, cannot be, have not been, and should not be
subjugated at this location without appropriate actions of both staff and the
Board of County Commissioners. Of added concern is the fact that the DRI
Exhibit K has not been updated by either the Developer or property owners to
reflect current and future conditions of Pelican Bay. The Transportation
Department staff, as a result of a request from the Pelican Bay Services
Division, has requested the developer, WCI, to consider either an update of
Exhibit K or an escrow of funds to ensure payment of future signal
~mprovements based on future needs.
(2) The Pelican Bay PUD, particularly Exhibit J, is not and was never intended per
knowledge of the Transportation Department staff to be more than a planning
document subject to both site-specific conditions and appropriate
County/State/Federal permitting applicable at the time of actual development.
(3) The Activity Center Access Management Plan indicates full access under the
two-lane condition on VBR; the Plan does not indicate any access under the
"future" four-lane condition. Hence, the Access Management Plan needs to be
updated, and such updating is being scheduled for 1997. The updated Plan will
reflect the four-lane improvements and also give consideration to
interconnections between shopping centers subject to analysis of site-specific
conditions, corresponding changes in roadway safety, and the appropriate
County/State/Federal requirements for design/construction/operation.
(4} The Planning Commission Resolution does create rights of permit for access to
County and State roads, subject to applicable permissive use permitting; the
Resolution does not "speak to" nor does it address median controls for the yen/
reasons outlined in response Item (1) above.
Co
Traffic Signal Warrant Study submitted as Exhibit 3 and recommending traffic signal
installation did not and cannot at this time, without an appropriate traffic modeling
effort, show side street traffic information sufficient to determine if warrants are or could
be met under a future change in the geometry of the VBR median. Additionally, the
indication of warrants being fulfilled for volume, delay, accident and peak hour
conditions were not consistent with the County's Policy for warrant analyses. Again, as
indicated above, it is recommended that any warrant study include the modeling effod
of both future traffic circulation with added traffic signalization on U.S. 41 and VBR;
such a modeling effort, based on "steady state' roadway conditions will both provide an
insight into operating conditions and benefit/impacts of a future signal to the area.
The Transportation Department Director's recommendation of denial to both immediate
changes in median control and the immediate installation of a future signal system are based
on the above responses and the "police power" of the County to control median access for
public safety (reduce accident potential) and public welfare (maintain capacity) while ensuring
compliance with the applicable County codes, ordinances, resolutions and policies. Such
above recommendations do not prohibit landowners from appealing such action to the Board
of Counly Commissioners per Ordinance No. 93-64 or resubmitting in[ormation for future
consideration by staff in permitting changes to the median condition per Exhibit 1.
FISCAL IMPACT; Not applicable unless the Board determines that land use actions of the County
include rights involving median access control.
GROWTH MANAGEMENT IMPACT: Not applicable unless the Board determines that land use
actions of the County include rights involving median access control.
RECOMMENDATION: That the Board accept the recommendations of the Transpodation
Department Director, direct staff to amend the Activity Center Access Management Plan to reflect
the recent construction of Vanderbilt Beach Road, and direct staff to continue to work with the
North Naples area to monitor traffic conditions and determine if appropriate changes can be made
in the future to existing median access control.
P R E PA R E D BY:/~.~~~~"~ -~ DATE:
G. F. Archibald, P.E.
Transportation Director
Raymond W. Miller, P.E.
Acting Public Works Administrator
GFA/mk/0113g?/ES Pel Bay Mkt Place.doc
Attachments
~ ' = EXHIBIT 1
--, ,~ o Page I of 1
...,~ ~ ,-,.-'
NAPLES
VIA F3%ND DELIVERY
September 25, 1996
EXHIBIT 2
Page I of 9
George Archibald, Director ......
Transportation Administration
Transportation Services Building .,-:.
Collier County Government Complex
3301 East Tamiami Trail
Naples, Florida 34112
RE: Pelican Bay Market Place, Vanderbilt Beach Road Acc~_a~
Dear Mr. Archibald:
-'7::__..
Our firm represents the North Bay Associates, Limited Partnership, owner
of the Pelican Bay Market Place Shopping Center, located in the southwest
quadrant of the Activity Center designated at the intersection of U.S. 41
and Vanderbilt Beach Road. Our client objects to the proposed median
restrictions proposed for the easterly access point on Vanderbilt Beach
Road that serves its property. Any restriction on turning movements
exiting or entering this access ooint would be in violation of rights
acquired under the Pelican Bay Development of Regional Impact Development
Order and Planned Unit Development Ordinance, and would also violate the
Access Management Plan for this Activity Center which is incorporated
into the Collier County Land Development Code.
In 1989 the Pelican Bay DRI Development Ord.ar and PUD Ordinance were
amended to reallocate ccmmercial uses from the center of the project to
the site where the Pelican Bay Market Place Shopping Center now sits. At
that time, as set forth in the Development Order and Ordinance, Collier
County and the developer of Pelican Bay made certain transportation
commitments as reflected in the approval documents. PUD Exhibit "J" sets
forth the internal roadway requirements (copy attached), and at the
access point in question, this exhibit requires that full turning
movements be provided and maintained at the access point's intersection
with Vanderbilt Beach Road. PUD Exhibit "K" (copy attached) recognizes
that a future traffic signal may be warranted at this access point. In
1993 pursuant to Section 12.03E of the PUD Ordinance, the Collier County
Planning Commission amended PUD Exhibit "J" to authorize additional
driveway connections to Vanderbilt Beach Road. A copy of Collier County
Planning Commission Resolution No. 93-29 is attached and clearly reflects
~,.Lt·
LETTER:
SUBJECT:
DATE:
PAGE:
EXHIBIT 2
Page 2 of 9
George Archibald
Pelican Bay ~4arket Place, Vanderbilt Beach Road Access
September 25, 1996
2
that the full directional traffic movements at the easterly most access
point on Vanderbilt Beach Road were to be continued. Absent approval by
the Collier County Planning Commission of the proposed restrictions on
turning movements at the easterly most access point, Transportation
Services is required to provide and maintain fully directional turning
movements from this property onto Vanderbilt Beach Road and from
Vanderbila Beach Road onto this property.
Policy 4.4 of the Future Land Use Element of the Collier County
Comprehensive Plan requires that access management plans for all activity
centers must be developed and incorporated into the Land Development
Code. This comprehensive plan policy sets forth guidelines and
principles :ct these access management plans as follows:
The nzmber of ingress and egress points shall be minimized and
shall be combined and signalized to the maximum extent
possible.
b o
Spacing of access points shall meet, to the maximum extent
possible, the standards set forth in the Collier County Access
;':anagement Policy (Resolution No. 92-442, adopted August 18,
1992).
Access points and turning movements shall be located and
designed to minimize interference with the operation of
interchanges and intersections.
do
Lots, parcels, and subdivisions which are created shall be
encouraged to dedicate cross-access easements, rights of way,
and limited access easements, as necessary and appropriate in
order to ensure that the above mentioned standards (a-c) are
complied with.
The Access Management Policy set forth in Resolution 92-442 states in
Section 5.04c: "When an individual Activity Center Access Management
Plan is complete and adopted by the Board of County Commissioners, it
shall take precedence over this policy." The Activity Center Access
Management Plans were adopted as an amendment to the Land Development
Code and are incorporated into the Code through Section 2.6.38 as
Appendix E. A copy of the Access Management Plan approved for the
Activity Center at Vanderbilt Beach Road and U.S. 41 is attached. This
Access Management Plan clearly reflects that the full access existing
ingress and egress point on Vanderbilt Beach Road which serves the
Pelican Bay Market Place is approved to be maintained as part of the
Access Management Plan. There are two (2) more westerly existing full
access ingress/egress points for the Pelican Bay PUD which are shown on
the Access Management Plan and identified to be monitored for future
LETTER:
SUBJECT:
DATE:
PAGE:
EXHIBIT 2
Page 3 0f 9
George Archibald
Pelican Bay Market Place, Vanderbilt Beach Road Access
S~p~_mo_r 25 1996
3
removal/modification, however, no similar legend appears on the Access
Management Plan for the easterly most access point on Vanderbilt Beach
Road. If you wish to modify the existing full access ingress and egress
on Vanderbi!t Beach Road at the easterly most access point as depicted in
the Access Management Plan, in addition to the requirements of the
Pelican Bay PUD, it is necessary that the Land Development Code be
formally amended to reflect the proposed change in the approved Access
Management Plan for this Activity Center. Code Section 2.6.38.5.1.4
authorizes the Development Services Director to modify an existing
ingress/egress point only if it is identified on the Access /4anacement
Plan as being monitored for future modification.
We appreciate your attention to this matter and would request that you
maintain the existing full access ingress and egress at this easterly
most access point on Vanderbilt Beach Road, unless and until Exhibit "j,'
to the PUD is amended and the Land Development Code Access r4anacement
Plan ,o_ :nls Activity Center is also amended. Under these circumstances
my client is unable to provide authorization to Vladimir Ryziw of the
Office of Capital Projects Management to enter upon its property to
construct any improvements which conflict with the ~elican Bay
Development Order and PUD Ordinance or the Land Development Code Activity
Center Access Management Plan.
Pie would also request that the current blockade of this access point be
immediately removed. While construction of the roadway expansion is
underway, it is not necessary to completely cut
. o~ this access point.
Sincerely,
R. Bruce Anderson
Enclosures as stated
cc: Douglas Pitts, Jr., North Bay Associates, Limited
w/enclosures
Vladimir Ryziw, w/enclosures via Hand Delivery
Donald W. Arnold, w/enclosures via Hand Delivery
Development Services Director
Planning Services Manager
RBA/bd
Partnership
EXHIBIT 2
Page 4 of 9
O#
INTERNAL ROADWAY
REOUIREMENT$
EX 2
Pa~ e 5 of 9
!!
Connect~.o~
TRAFFIC SIGNAL
LOCATIONS
EXHIBIT 2
Page 6 of 9
i
i
COLLIER COUI;TY PLA~[;ING COr~.MISSIO~
RESOLUTIO~ ~IO. 93-29
EXHIBIT 2
Page 7 of 9
PETITION AV-93-5 ADMI~I£TRATIVE VARIANCE FOR
PELICAN BAY AMENDMENT TO EXHIBIT "J" OF THE
PELICAN BAY PUD DOCU~£f~T (ORDI~;ANCE NO. 77.18
AS AMENDED) INTERf~AL ROADWAY REQUIREME~;TS
PLA3~.
W~qEREAS, the Section 12.02E of the Pelican Bay PUD
Document empowers the Collier County Planning Commission to
amend Exhibit "J" thereof, a map whic~ limits both internal
public roads and private driveway interconnections with adjacent
public highways, namely, US 41 ~orth (Tamiami Trail), Seagate
Drive, and Vanderbilt Beach Road, and
~'~EREAS, the Collier County Planning Commission on
September 2, 1993 reviewed the application of Westinghouse
Communities of ~aples to allow additional driveway connections
with Vanderbilt Beach Road.
~OW THEREFORE, BE IT RESOLVED BY THE COLLIER CO~TY
PLA3;NI~G CO~{IS$ION of Collier County, Florida, that:
Exhibit "J" of the Pelican Bay PUD Document (attached hereto as
Exhibit "A") is hereby amended to provide for the following
additional driveways:
l)
A driveway near the east property line of the Collier
County Library site intended to provide access to both
the library, future EMS and the hotel lying immediate-
ly east of the library.
2)
A driveway contiguous to the west property line of the
Collier County Community Park, intended to serve both
the Community Park and the parcel of land lying to the
west of the Community Park site.
3)
A driveway intended to serve the most easterly Ritz
Carlton Hotel employee parking lot per Exhibit "A."
-1-
Planning Commissioner ~,~? ~-- l-yne offered the
foregoing Resolution and noved for its adoption, seconded by
Planning Commissioner R. Frederick Keyel and upon roll
call the vote was:
EXHIBIT 2
Page 8 of 9
AYES: 7
NAYS: 1
ABSENT AND NOT VOTING: 0
ABSTENTION: 0
Done this ~Dd day of _ SeDtembgr , 1993.
COLLIER COUNTY PLANNING COMMISSION
ATTEST:
F~K W. BRUTT, AICP
EXECUTIVE SECRETLY
CO~ITY DEVELOPMENT ADMINIST~TOR
APPROVED AS TO FOR/4 AI;D LEGAL SUFFICIENCY:
ASSISTanT CO~TY ATTOrnEY
AV-93-5 RESOLUTION
db/10395
-2-
EXttlBIT 2
~age? of 9
O~
CLM
INTERNAL ROADWAY
REQUIREMENTS
EXHIbiT 'J' - ~
IR[VlSI3' I&AY
¥OUA'O, V~N ASSE.%'DERP ~ %r.~R.%'ADOE, P.A.
ATTOC~N£¥5 AT [.AW
EXHIBIT 3
Page I of 9
NAPLES
November 18, 1996
POS? Orr,cc Bo, m833
SuNTruST BUilDinG
80~ L~U~¢~ 0~ Drove, SU~¢ 300
POST Orr*cc BOx 7907
George F. Archibald, P.E.
Transportation Director
Collier County Government Complex
3301 East Tamiami Trail
Naples, FL 33962
RE: Pelican Bay r4arket Place, Vanderbilt Beach Road Access,
Traffic Signal
Dear Mr. Archibald:
This is to follow up on my letter of September 25, 1996 and our
subsequent conversations concerning the above referenced matter. Please
find enclosed a Traffic Signal Warrant Report prepared by Gerald L.
Gronvold which finds that a sufficient number of traffic warrants have
been satisfied to justify a traffic signal between the common access
points of Pelican Bay Market Place and the Pavilion Shopping Center on
Vanderbilt Beach Road. I wanted to provide this to you in connection
with the report that you are preparing for the County Commission with
regard to maintenance of the full median opening between these two
shopping centers. Please let me know when you have a draft of your
report ready so that I may have an opportunity to review and comment on
it.
Thank you for your attention to this matter.
R. Bruce Anderson
CC: Vladimir Ryziw, with enclosure, via hand delivery
CC: Donald W. Arnold, with enclosure, via hand delivery
RBA/pab
2°Temp\2002$
Enclosure
CC: Douglas Pitts, Jr., North Bay Associates, Limited Pt~h .p~-_._?~.~?~e~q~-/..
EXHIBIT 3
Page 2 of 9
TRAFFIC SIGNAL WARRANT REPORT
For The Intersection Of
Vanderbilt Beach Road (C. R. 862) and
The Market Place (North Bay Plaza) / Pavilion Shopping Centers
Entrances
November 7, 1996
L,Gronvol~, P.E.,P.S.M
EXHIBIT $
Page 3 of 9
TRAFFIC SIGNAL WARRANT REPORT
For The Intersection of
Vanderbilt Beach Drive (C,R.862) and
The Market Place / Pavilion Shopping Centers Entrances
The intersection described above is located appro,~mately 600 feet west ofthe intersection
of U. S. 41 and Vanderbilt Beach Drive. The Pavilion is on the north side and The Market
Place also known as North Bay Plaza is on the south side in the northeast comer of
Pelican Bay. This intersection was originally designed to be a full median opening
intersection, during construction it was redsigned to eastbound and westbound directional
left. turns at the direction of Collier County.
The amended Pelican Bay PUD indicates that a traffic signal will be installed in the f~ture
when the intersection meets the warrants for a traffic signal.The purpose ofthis report is
to analyze traffic volumes and accident data to determine whether signalization is
warranted for the existing conditions at this intersection.
Existing Conditions
Vanderbilt Beach Drive is presently under construction to widen it from 2 lanes to 4 lanes,
it runs east - west through the study intersection. Before the construction this intersection
had unrestricted tums. Traffic control was and will be by stop signs at the entrances. The
posted speed was 45 mph.
Due to the ongoing construction traffic counts at th.is intersection were not possible.
Traffic counts on Vanderbilt Beach Drive by the Collier County Transportation Services
were used. Station No. 524 is shown in the appendix. The proposed trips from the Market
Place entrance was taken from a report prepared by Wilson, Miller, Barton & Peek. Figure
I, of this report indicates a total of 240 cars would enter and exit on to Vanderbilt Beach
Drive during the P.M. peak.
Accident Record~
Accident records at Collier County do not indicate many accidents. In 1995 there was 0,
from .~anuary. ,1995 to May, 1995 there was 3 right angle accidents.
~'O$) Ca,.)
EXHIBIT 3
Page 4 of 9
Traffic Signal Warran! Analysiq
Table I is a summary of the traffic volumes used and results ofeach warrant analysis. This
analysis was based on the methodology presented in the Manual on Uniform Traffic
Control Devices (MUTCD), 1988, as amended by the Federal Highway Administration.
I.INTERSECTNG TRAFFIC VOLUMES
The installation ora traffic signal may be necessary to control an intersection with large
volumes of conflicting traffic The required traffic volumes must be present for at least 8
hours of an average weekday./he minimum volumes vary according to the number of
lanes on the intersecting streets, the speed ofthe traffic on the main street, and the
community size.
Number of hours required traffic present = 13
WARRANT I IS SATISFIED
2.INTERUPTION OF CONTINUOUS TRAFFIC
On major streets with high traffic volume, it may be necessary to use traffic signal control
to provide an adequate number of gaps in traffic to allow vehicles to enter from the side
street. The application of this warrant is identical to that of warrant 1, above.
Number of hours required traffic present = 11
WARI~'kNT 2 IS SATISFIED
3. CROSSING PEDESTRIAN TRAFFIC
This warrant is similar to warrant 2, but is intended to identify locations where additional
gaps are needed to provide safe pedestrian crossings ora major street. A signal installed
solely for this pedestrians should use a fully actuated controller and, ifin a signal system,
be coordinated with that system. A signal installed only under this warrant shall include
pedestrian signals, when installed at a mid block location, additional restrictions may apply
(See section 4C-5)
Number of hours required traffic present = 0
WARRANT 3 IS NOT APPLICABLE
4. SCHOOL CROSSING
An established school crossing may require signal protection if an engineering study
reveals that there is less than one gap per minute during the period of crossing usage. The
restrictions on signals installed under this warrant are similar to those of warrant 3.
2
EXHIBIT 3
Page 5 of 9
WARRANT 4 IS NOT APPLICABLE
5. SIGNAL PROGRESSION
A traffic signal may occasionally be used to maintain vehicle grouping in a coordinated
system. Such a signal should not be within 1,000 feet ofadjacent signalized intersection in
the system.
WARRANT 5 IS NOT APPLICABLE
6. ACCIDENT PREVENTION
Many traffic signals are installed on the premise &reducing accidents, however, it must be
recognized that signals may actually increase some types &accidents. The result is often
contrary to the intended goal. Four conditions must be met before a signal is installed
solely to prevent accidents:
(I) There must &been five or more accidents &types preventable by traffic
signals in the last 12 months
(2) At least one volume requirement &warrant 8 must be satisfied.
(3) Traffic progression would not be seriously disrupted.
(4) Less restrictive solutions have been tried and enforced with unsatisfactory
results.
A signal installed solely under this warrant should be traffic actuated.
Total number of'accidents = 3
Number of preventable accidents: 3
Accident rate is per million vehicles
Number ofwarrant 8 volume requirements met: 2
PARTS I AND 2 ARE NOT SATISFIED
7. TRAFFIC SIGNAL OPERATION
Traffic signal control may be used to encourage concentration and organization of vehicles
on major street networks. Such a signal may be installed at the intersection oftwo major
routes as defined by section 4C-9 ofthe MUTCD, with a total volume orS00 vehicles
during the typical peak weekday hour, or five (5) weekend hours.
WARRANT 7 IS NOT APPLICABLE
EXHIBIT
Page 6 of
8. COMBINATION OF WARRANTS
In exceptional cases, signal control may be justified where no single warrant is satisfied,
but where at least two of warrants 1,2, or 3 are met when required volumes are reduced to
80% ofnormal. Adequate trial of other measurers which cause less delay and
inconvenience must be tried and enforced first.
NUMBER OF WARRANTS SATISFIED AT TIlE 80% LEVEL = 2
VOLUME REQUIREMENTS FOR WARRANT 8 ARE SATISFIED.
9. PEAK FLOUR VOLUME WARRANT
This warrant was approved as an amendment to the MUTCD on December 3 !, 1984. This
warrant is similar to warrant 1, except that the required traffic volumes must be present
for at least four hours oran average day. The traffic volumes required are based on curves
(Figures 4-7) shown in the MUTCD.
WARRANT 9 IS SATISFIED
10. PEAK ttOUR DELAY
This warrant was approved as an amendment to the MUTCD on December 3 I, 1984. This
warrant is intended for application where traffic conditions cause undue delay to traffic
entering or crossing the main street. The peak hour delay warrant is satisfied when the
following conditions exist for one hour (any four consecutive 15-minute periods) of an
average day:
(1) The total delay by the traffic on a side street controlled by a stop sign equals
four vehicle-hours for a one lane approach and five vehicle-hours for a two
lane approach.
(2) The volume on the side street equals or exceeds I00 VPH for one moving lane
oftraffic and 150 VPH for two moving lanes.
(3) The total traffic volume serviced during I hour equals or exceeds 800 VPH for
an intersection with four (or more) approaches or 650 VPH for three
approaches.
WARRANT 10 - PART 1, 2, & 3 ARE SATISFIED
EXHIBIT 3
Page ? of 9
11. PEAK HOUR VOLUME
This warrant was approved as an amendment to the MUTCD on December 3 I, 1984.
This warrant applies to traffic entering from the minor street which encounters undue
delay crossing the main street. This x arrant is satisfied when the main street and side
street traffic volumes satisfy the curves (Figure 4-5 and 4-6) shown in the MUTCD.
WARRANT 11 IS SATISFIED.
Recommendations
Based on satisfaction of warrants 1, 2, 5, 9, 10, & 11 and projected increases in traffic
volumes (Collier Counties Annual Report shows a 9.7% increase from 1994 to 1995), a
traffic signai can be justified at this intersection. A map Exhibit K from the Pelican Bay
PUD (amended) indicates that this intersection will have a traffic signal when warrants are
met.
When this traffic signa/is installed, coordination equipment should be installed in both this
controller and the existing controller at U.S. 41. A cable should be installed between both
intersections so this intersection could be operated with a minimum of conflicts and
delays. A Highway Capacity Manual analysis indicates the signal will operate at a Level of
Serive B with a cycle time of 65 seconds. The timing actually used would have to be
coorinated with the U.S.41 signal.
It is reccomended that this intersection remain a full median opening which v,'ould allow
all turns and the installation of a traffic signal.
EXHIBIT 3
Page 8 of 9
APPENDIX
HCM: SIGNALIZED INTERSECTION SU~%MARY
;treets: (E-W) VANDERBILT BEACH DR.
,st: JERRY G.
Area TylDe: Other
EXHIBIT 3
Version 2.4a Pa~-9~-91996
(N-S) MARKET PLACE ENT
File Name: 9614VBD.HC9
11-5-96 PK HR
Comment: ALSO ENTRANCE TO PAVILLION SHOPPING CENTER
Eastbound Westbound Northbound Southbound
L T R L T R L T R L T R
No. Lanes 1 2 1 1 2 I i I < I i I < 1
Volumes 90 430 70 82 438 70 90 20 130 90 20 130
Lane Width 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0
RTOR Vols 7 7 13 13
Lost Time 3.00 3.00 3.00 3.00 3.00 3.00 3.00 3.00 3.00 3.00 3.00 3.00
Phase Combination I 2
EB Left *
Thin/ *
Right *
Peds
WB Left *
Thru
Right
Peds
NB Right
~B Right
10.0A 15.0A
Yellow/AR 5.0 5.0
Signal Operations
3 4 ] 5 6
NB Left *
Thru *
Right *
Peds
SB Left *
Thru *
Righ= *
Peds
EB Right
WB Right
Green 10.0A 10.0A
Yellow/AR 5.0 5.0
7 8
Cycle Length: 65 secs Phase combination order: #1 ~2 ~5 #6
Intersection Performance Summary
Lane Group: Adj Sat
Mvmts Cap Flow
L 327 1770
~ 974 3725
R 414 1583
L 327 1770
T 974 3725
R 414 1583
L 327 1770
TR 307 1664
R 292 1583
L 327 1770
TR 307 1664
R 292 1583
EB
Approach:
Delay LOS
13.5 B
WB 13.5 B
v/c
Ratio
0.291
0.489
0.162
0.263
0 497
0 162
0 291
0 238
0 243
0 291
0 238
0 243
Intersection Delay =
g/c
Ratio
0.185
0.262
0.262
0.185
0.262
0.262
0.185
0.185
0.185
0.185
0.185
0.185
Delay
14.9
13.4
12.0
14.8
13 5
12 0
14 9
14 7
14 7
14 9
14 7
14 7
LOS
B
B
B
B
B
B
B
B
B
B
B
B
14.8 B
SB
14.8 B
13.9 sec/veh Intersection LOS = B
Lost Time/Cycle, L = 12.0 sec Critical v/c(x) = 0.346
EXECUTIVE SUMMARY
REQUEST BOARD APPROVAL FOR ADDITIONAL INCREASE IN THE AMOUNT OF
$2,000 FOR THE "OAKES DRAINAGE DITCH PROJECT" - WORK ORDER #WA-8-5
WITH WILKISON & ASSOCIATES.
OB,,IECTIVE: To obtain Board approval for additional increase to Purchase Order No.
#602341 issued on 1/17/96 to Wilkison 8: Associates for sur~'eying & incidental engineering
services under Work Order #WA-8-S for the Oakes Drainage Ditch Project. These services are
necessaD' to complete the construction the Oakes Drainage Ditch Project.
DESCRIPTION: This Work Order was issued under the terms of the Agreement for
Professional Surveying Semices Renewed 6/25/95 (RFP#93-2040). This increase is for additional
professional surveying and incidental engineering services for the Oakes Drainage Ditch Project
that were not anticipated during the construction phase.
FISCAL IMPACT: Increase project surveying cost by $2,000 from $I 1,000 to $13.000.
Fund 001-172910-631410
GROWTH MANAGEMENT IMPACT: None
.P, ECOMMENDATION: That the Board authorize an additional increase in Purchase Order
No. 602341 to Wilkison & Associates, Inc. in the amount of $2.000. to cover unanticipated
additional professional ser','ices in order to complete the Oakes Drainage Ditch Project.
SUBMITTED BY:
APPROVED BY:
Doc: ES- 004
Stormwater Management Director
Raymond W. Miller. P.E.
Interim Public Works Administrator
Date: 1/09/97
Date: !/09/97
EXECUTIVE SUMHAP, Y
RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS CONSIDER A PROPOSAL FOR
PUBLIC USE OF THE MARCO ISLAND YMCA AQUATIC FACILITY.
Objective: That the Board of County Commissioners consider a Joint Use
Agreement with the Marco YMCA.
Consideration: The Marco Island YMCA submitted a proposal to the Collier County
Parks and Recreation Department regarding the public use of Marco Island YMCA's
pool. The agreement states that in turn for the YMCA allowing the public to
utilize their pool facility, the County would pay $70,000 to the YMCA. The
Parks and Recreation Department met with representatives of the 'Y' to discuss
the proposal. The following are issues that were discussed:
1. The YMCA would provide the County open public swims with rates that are the
same as other County operated aquatic facilities.
The YMCA would allow the public to participate in 'Y' programs. These
programs would include swim lessons, water aerobics, etc. The cost of the
programs would be the same as other programs the County runs at County
facilities.
3. The YMCA would keep available to the public lap swim lanes.
14.
The County would be able to run special events at the facility on a regular
basis. These special events will be scheduled in advance with the ~CA.
The YMCA would supply lifeguards for the special events and any revenue from
these events would be remitted to the County.
5. The YMCA would be responsible for lifeguards during open swims.
The County contribution would expand the operation hours of the facility.
These hours would be longer hours in the morning and afternoon to match
the hours that the other County aquatic facilities are open. The hours of
the County facilities during the winter are 11:00 am to 7:00 pm and the
summer hours are 9:00 am to 8:00 pm. The YMCA does not have lights at their
facility, so the facility would not be available for public use at night.
Any revenue generated in regard to County activities at the facility would
be returned to the County at 100%. No annual membership would be sold to
the public at Collier County Aquatic Fee rates for the Marco YMCA facility.
The County will be able to utilize the multipurpose indoor/gymnasium
facility for special events; however, this use would depend on availability
and working out a schedule with the YMCA.
Executive Summary
IMarco YMCA Proposal
Page 2
Summer camps would be allowed to utilize the pool for field days during
summer camp at no cost. Scheduled times for weekly or daily use would be
agreed upon by the YMCA and Collier County.
The Parks aud Recreation Advisory Board reviewed this proposal at their regular
meeting on December 18, 1996 and recommended that this agreement not be
approved. ~
Fiscal Impact: Funds in the amount of $70,000 were not anticipated and are not
budgeted within the Parks and Recreation budget. Funds would have to be
allocated from General Fund Reserves.
Growth Management: None
Recommendation: That the Board of County Con~issioners consider a proposal
between the Marco Island YMCA and the County for the use of the YMCA pool
facility on Marco Island.
Prepared by .~/~(: /~ ~ / f ' ~'z
Murdo Smith, Operations~nage~ -
Department of Parks and Recreation
Reviewed by: //~/~//~_'/-/z',PPC~
Ski~ Camp, Actin~ ~irector
Department of Parks and Recreation
Reviewed by: ~--~--~t/~~
Thomas %/: ~_~iiff,-~nistrator
Division of Public~ervices
17898
Date.
Date ///~/
E~C~IVE SUM~U~Y
CONSIDER A~PROVAL OF AN AGREEMENT BETWEEN COLLIER COUNTY AND THE
CHALLENGE FOUNDATION, INC. FOR THE FUNDING OF THE 1997 PGA GOLF
TOURNAMENT WITH TOURIST DEVELOPMENT TAX FUNDS AND A~PROVAL OF AN
AGREEMF. NT BETWEEN THE GREATER NAPLES CHAMBER OF COM~ERCE, INC.
AND COLLIER COUNTY FOR FUNDING OF FULFILI/~ENT WITH TOURIST
DEVELOPMENT TAX FUNDS.
OBJECTIVE: To consider approval of'an Agreement between Collier
County and The Challenge Foundation, Inc. for the funding of the
1997 golf tournament and approval of an agreement between the
Greater Naples Chamber of Commerce, Inc. and Collier County for
the funding of fulfillment.
CONSIDERATION: On May 14, 1996, the Board of County Co~missicn-
ers approved the funding of the 1997 golf tournament in the
amount of $600,000. The grant application identified that
$500,000 would be for television and tournament operations and
$100,000 would be for fulfillment. Since the Board approval, the
Greater Naples Cham~er of Commerce, Inc. has agreed to complete
the fulfillment portion of the application including the
production of two thirty second commercials and the tracking and
response to telephone inquiries to an 800 number. The Challenge
Foundation, Inc. will coordinate with ESPN and the PGA to air
these commercials during the telecast of the 1997 Naples Marco
Island LG Championship on February 7-9, 1997, which is the only
time these commercials are scheduled to air.
Since the Board approval, the Challenge Foundation, Inc. has
obtained a significant sponsor of the 1997 tournament and future
tournaments.
The attached agreement between Collier County and The Challenge
Foundation, Inc. varies from the County's standard form as
follows: '-
No annual financial statement or audit is required. In
lieu of this language, the applicant is required to
provide any additional documentation requested by the
County to complete its final accounting of this grant.
AGENDA ITEM
The guidelines are waived. No._ ~'A~
/
P~.
Executive Summary
1997 PGA Golf Tournament
Page 2
The section regarding the reimbursement of excess revenues
is deleted because any excess revenues will be donated to
charity.
The attached agreement between Collier County and the Greater
Naples Chamber of Commerce, Inc. is a reimbursement contract.
GROWTH MANAGE/~ENT I~PACT: None.
FISCAL IMPACT: Funds are available in Category C, Tourist
Development Fund 193.
RECOMM]~NDATION: Consider approval of the agreements and
authorize the Chairman to sign the same.
Heidi F. Ashton
Assistant County Attorney
Date
Approved by:
David C. Weigel
County Attorney
Date
h:/ew/hf&/executive s,,..-~mrylchallenge foundation
TOURISH GRAET PROGP, AH AGREEMEh'T
FOR FULFILLMENT OF 1997 PGA GOLF TOUP3~AHEr~T
THIS AGREEHE~;T is made and entered into this ~ day of
_, 1997, by and between Haples Area Cha.v. ber of
Com~merce, Inc., a Florida not-for-profit corporation, hereinafter
referred to as "GRANTEE- and Collier County, a political
subdivision of the State of Florida, hereinafter referred to as
"COUHTY."
RECITALS
WHEREAS, the COUI~Ty has adopted a Tourist Development Plan
(hereinafter referred to as "Plan") funded by proceeds from the
Tourist Development Tax; and
WHEREAS, the Plan provides that certain of the revenues
generated by the Tourist Development Tax are reserved for
activities and events intended to bring tourists to Collier
Count~. for the period between May through Hovember each year,
hereinafter referred to as '*target period"; and
WHEREAS, the GRANTEE has agreed to provide the fulfillment
of inquiries resulting from the six 30-second com.~, ercials
produced by Grantee and aired by ESPN during the 1997 PGA
~ournament; and
WHEREAS, COU~iTy desires to fund such activity.
WITNESSETH:
~;OW, THERE?ORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1. The above recitals are true and correct and are
incorporated herein.
2. SCOPE OF WOR~KK: As requested by COUNTY, the GRANTEE
agrees to produce one 30-second commercial designed to promote
the greater Naples area, Marco Island and the Everglades during
the shoulder and summer seasons. It is understood that this
conmmercial will air twice daily during the 1997 PGA Tournament,
for a total of six airings. GRANTEE shall offer and make
available to the COUNTY who shall offer such commercial to ESPN
for the 1997 PGA Tournament. --
AGEND~ ITEM
No. _~~
2 997
P~. ~,~
After airing of such commercial, GPF~NTEE shall respond to
inquires concerning the greater Naples area and r4arco Island in
the following manner: The GRANTEE, on behalf of the greater
Naples area, shall accept and respond to telephone inquiries to
the number specified in the commercial and respond by answering
questions on the area arid providing the 16 page destination
brochure, when requested. As it relates to Marco Island and
Everglades City and inquiries on same, the Marco Island and
Everglades Convention and Visitors Bureau brochure will be
mailed, as requested.
Such services shall constitute "fulfillment" under this
Agreement. All expenses incurred as defined herein as
"fulfillment" will be considered eligible expenses.
3. PAY~.:EHT: The maximum amount to be paid under this
A~reement shall be One Hundred Thousand Dollars ($100,000.00).
The GRANTEE shall be paid for expenditures incurred for the event
upon submittal of an invoice. Payment shall occur in accordance
with the Prompt Payment Act. However, the COUNTY shall be under
no obligation whatsoever to make payments for goods or services
in excess of, or not included in the SCOPE OF WORK or to make
payments using any source of funding other than the Tourist
Development Tax, or to make payment to the GRANTEE or any vendor
in advance of service or invoice. Any payment made by the
GRANTEE which is later shown to be an unauthorized expenditure
during the performance of the grant contract shall not be
eligible for payment. Any expenditures which have been paid to
the GP~NTEE which are subsequently determined by the COUNTY to be
ineligible of the expenditure shall be repaid to the COUNTY
within 30 days of written notice to GRANTEE of the ineligibility
of the expenditure or the COUNTY at its option can withhold
future payments to the GRANTEE or deduct the amount to be repaid
by GP~NTEE from any remaining grant funds. Provided, however,
the COU[ITY shall provide written notice to GRANTEE of such
ineligibility within 60 days of receipt by the COUNTY ~ The
audit required under Section 9. AG£ND~IIf~
4. INSURANCE: GP~NTEE is required to submit a Certificate
of Insurance naming Collier County, and its Board of County
Ccm.missioners and the Tourist Development Council as additionally
insured. The certificate must be valid for the period of the
promotion and the duration of the events, and be issued by a
company licensed in the State of Florida, and provide General
I, iability Insurance for no less than the following amounts:
BODILY I~JJURY LIABILITY $300,000 each claim per person
PROPERTY DA:4AGE LIABILITY $300,000 each claim per person
PERSOI~AL INJURY LIABILITY $300,000 each claim per person
WORKER'S COMPE~;SATION AND EMPLOYER'S LIABILITY-Statutory
I~l tlc event that the cost of GPJd~TEE's insurance increases as a
result of this Section 4, then such increased cost of insurance
shall be an eligible ezpense under this Agreement.
5. I:;DEMHIFICATIO~I: The GPANTEE, in consideration of
DOLLARS, the receipt and sufficiency of which is accepted through
the signing of this document, shall hold harmless and defend
COUNTY and its agents and employees from any and all suits and
actions including attorney's fees and all costs of litigation and
judgments of any nature and description arising out of or
incidental to the performance of this Agreement or work performed
thereunder. This provision shall also pertain to any claims
brought against the COUNTY by any employee of the named GRANTEE,
any subgrantee, or anyone directly or indirectly employed or
authorized to perform work pursuant to this Agreement. The
GRANTEE's obligation under this provision shall not be limited in
any way by the agreed upon Agreement price as shown in this
Agreement or the GRANTEE's limit of, or lack of, sufficient
insurance protection.
6. NOTICES: All notices from the COUNTY to the GRANTEE
shall be deemed duly served if mailed by registered or certified
mail to the GRANTEE at the following address:
Mr. Steve Wheeler
Naples Area Chamber of Commerce, Inc.
3620 Tamiami Trail North
Naples, FL 34103
- 3 -
Ali notices from the GRANTEE to the COUNTY shall be deemed duly
served if mailed by registered or certified mail to the COUNTY
to:
County Manager
Second Floor, Administration Building
330! East Tamiami Trail
Naples, Florida 34112
The GP~NTEE and the COUNTY may change the above mailing
address at any time upon giving the other party written
notification. All notices under this Agreement must be in
writing.
7. NO PARTNERSHIP: Nothing herein contained shall be
construed as creating a partnership between the COUNTY and the
GPJ~NTEE or to constitute the GRANTEE as an agent of the COUNTY.
8. TERMINATION: The COUNTY or the GRANTEE may cancel this
contract with or without cause on at least 30 days advance
written notice of such termination and specifying the effective
date thereof, if the COUNTY terminates this Agreement without
cause, the County will pay the GRANTEE for all expenditures
incurred up to the effective date of the termination so long as
such expenses are eligible. If it is determined that there was
not sufficient cause for the COUNTY to terminate this Agreement,
the GPANTEE's remedies shall be limited to the payment of the
contract amount earned by the GRANTEE on the date of termination.
If the GP~NTEE terminates this Agreement without cause, GRANTEE
shall pay to COUNTY all funds expended by COUNTY under this
Agreement if the Agreement is terminated by GRANTEE prior to the
activity. For purposes of this Agreement, cause shall mean
failure of either party to perform its duties under the
Agreement.
9. GENERAL ACCOUNTING: GBANTEE is required to maintain
complete and accurate accounting and event records and keep grant
funds in a separate checking account until earned. A complete
audit is due to the County Manager within sixty (60) days of the
termination of the contract.
All revenue related to the event should be recorded, an~ ~ii
expenditures must be incurred within the contract period.
AG£ND..A lIEU
2 1 IS'37
Pg._ (-~
GRANTEE is required to submit annual financial statements on
the ~xpenditur~ of the qrant. F~llure to ~uhmit acceptable
financial statements will result in the cessation of payments on
all grant contracts the GRANTEE may have with the COUNTY at the
time, effective on the date the submissions become eve:due.
Under such circumstances, no further payments will be made for
the duration of contract periods and any payments already made
shall be subject, at the sole discretion of the COU[]TY, to later
return to the COUNTY if acceptable statements are not submitted
as required, or if the payments are later shown to not be
eligible. Provided, however, the COUNTY, shall notify GRANTEE in
writing within 60 days after receipt of the required audit that
acceptable financial statements have not been submitted.
10. TERM: This Agreement shall become effective upon
execution by both parties and shall remai~ effective for one
year.
11. REQUIRED HOTATIOH: All promotional literature and
media advertising must prcminently list the Collier County
Tourist Development Council as one of the sponsors.
12. tHELIGIBLE EXPEHDITURES:
The following expenditures are ineligible and shall not be
paid by grant funds:
a. Annual operating expenditure not directly related
to the activity or project.
b. Salaries of full-time staff. Employment of
personnel not directly related to the activity or
project.
c. Real property.
d. Capital Improvements, including but not limited to
new construction, renovation, restoration and
installation or replacement of fixtures.
e. Tangible personal property, including but not
limited to office furnishings or equipment,
permanent collections or individual pieces of art.
- 5 -
f. Interest, or reduction of deficits or loans.
project funding period.
g. Prize money, scholarships, awards, plaques, or
certificates.
h. Travel not associated directly with project.
i. Projects which are restricted to private or
exclusive participation except for invitational
events which require a pregualification of
participants through proven ability to generate
hotel room nights during the Naples' area shoulder
s~ason.
j. Private entertainment, food or beverages except for
invitational events which require a
prequalification of participants through proven
ability to generate hotel room nights during the
Naples' area shoulder season.
k. Making payments for goods or services purchased for
previous or other events.
13. AMENCME!:TS: Any changes in the event such as project
dates, key participants, and budget revisions must be submitted
first to the Tourist Development Council and then to the Board of
County Com~,issioners for consideration, approval and contract
amendment by the Board, if applicable.
14. The Tourism Grant Program Guidelines, the Grant
Application, and the Contract Administration Guidelines are
incorporated herein by this reference, except where these
guidelines are in conflict with this Agreement.
IN WITN£SS WHEREOF, the GRANTEE and COUNTY have
respectively, by an authorized person or agent, hereunder set
their hands and seals on the date and year first above written.
DATED:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
TIMOTHY L. HANCOCK, Chairm~
- 6 -
WITHESS£S:
~aples Are~ Chamber o~
Commerce, Inc.
ny:
Approved as to form
and legal sufficienc~
Heidi F. Ashton
Assistant County Attorney
P~yI~d ,',lane
- 7 --
A(i--ZND~ IIE~
No.
· ~.-,/
· ' "~ 2 1
Pg.
OBJECTIVE: To appoint 1 member to fulfill the remainder ora vacant term, expiring on
Febniary 28, 1998, on the City/County Beach Renourishment Maintenance Committee.
CONSIDERATIONS: This 11 member committee was established by the City of Naples
Resolution No. 91-6295, as amended, and Collier County Resolution No. 92-656 as a technical
advisory committee to formally advise the Board of County Commissioners as well as the Naples
City Council. This committee consists of 2 City Council members, 5 citizens (appointed by the
County), 4 citizens (appointed by the City), and 2 non-voting technical advisors. Members must
file a Form I Financial Statement each year with the City of Naples.
A list of the current membership is included in the backup.
Mr. August W. Rocco resigned on September 23, 1996. A press release was issued and resumes
were received from the following 2 interested citizens: :
..APPLICANT
Charles Hurtinger
Ralph Schinella
RECOMMENDATION: Ralph Schinella
_DISTRICT_ .ELECTOR
I yes
5 yes
.FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
..RECOMMENDATION: That the Board of County Commissioners consider the
recommendation for appointment and appoint I member to fulfill the remainder of the vacant
term, expiring on February 28, 1998 on the City/County Beach Renourishment Maintenance
Committee, and direct the County attorney to prepare a resolution confu'ming the appointments.
Prepared By: Sue Filson
Date: January 21, 1997 '
.JAN 'lzj 1997
City/County Beach Renourishment Maintenance Committee
Work Phone At~pt'd Exp. Date Term
)Vame Home Phone DateRe-aPl;t 2ndErpDate 2nd Term
Hubcn E. Howard 262-4639 03/14/95
3541 Gordon Drive 262-5207
Naples, FL 34102
District: 4
Category:
Charles Metz 03/26/96
481 Bayside Avenue 591-8215
Naples. FL 34108
District: 2
Category:
Richard E. Lydoa 0223/9.3
450 Trade Winds Avenue 597-27~ 3/14/95
Naples, FL 34108
District: 2
Category:
Frank !. Btanchard 02~-3/93
380 Seaview Court, #609 39a-9587 3/14/95
Marco Island, FL 34145
District: 1
Category: ..
August W. Rocco C¢5L~ 0223/93
1850 Tiller Terrace 435-3877 3/2_6/96
Naples, FL 34102
District: 4
Category:
James H. Brerman 04~96
4951 Gulf Shore Blvd., N. 2614180
Naples, FL 34103
District: 4
Category: City of Naples
Fred L. Sullivan 43a-a601 03/03/93
1600 Mm'ex Lane 2614352 2/1/95
Naples, FL 34102
District: 4
Category: Naples City CouacLl
Bruce Anderson I 1/17/93
1670 Cray'ton Road c~3-28al 7-/1/95
Naples, FL 34102
District: 4
Category: City of Naples
02;28/98 3 Year~
0228/99 3 Years
0228/95 2 Years
0228/98 3 Year~
,:.
0228195 ~2 Years
02/28198 3 year~
0228196 3 Years
0228198 3 Years
02.r28/95 2 Years
02/28/97 2 Years
0~/06/95 2 Year~
02/28/97 2 Years
Friday. June 28. 1996
P~te 1
JAN l Zl 1997
pg. 2--.
City/County Beach Renourishment Maintenance Committee
F/ork Phone
Name Home Phone
Bormie tL MacKenzie
2150 Gui£Shore Blvd., N., #
Naples, FL 34102
District: 4
Category: Naples City Couacil
Robin C. Thomes
5801 Felican Bay Blvd., Suite
Naples. FL 34105
District: 4
Category: City of Naples
Appt'd Exp. Date Term
DateRe-appt 2ndE.~pDate 2nd Term
434-4601 03/01/96 03/01/98 2 Yeas
262-4957
5~4-~000 02/01195 02/28197 2 Yeas
261-8006
This 7 member committee was created by City On:Is. 61-6295 & g1-C>421 and County Resoulfion
92-655 as a technical advisory committee to formally advise the BCC and City. BCC appoints 5
members and the City appoints 2 members. There are also 2 technical, non-voting advisors.
Terms are 3 years and members must file a Form I Financial S~atement eac~ year with the City
of Naples. City Staff person; Dr. Jon S~aiger, 434-4655 (fax 434.-305g) ~
~ N~),~.~-,lOal~es CiJr~, C/eH¢'-'tt3q .tt'7ot
Staff..
Harry Huber, Technical Services Supervisor, OCPM: 774-8494
_-
Friday, Junt 28. 1996 Page 2 of 2
JAN 1997
DATE: October28, 1996
TO:
FROM:
Vinell Hills, Elections Office /gP
Sue Filson, Administrative Assistant//-
Board of County Commissioners
RE: Voter Regi.stration - 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. '.
CITY/COUNTY BEACH~
~ IN ITRIT
Charles Huninger
840 South Collier #1803
Marco Island, FL 34145
Ralph Schinella
3680 29u' Avenue, S.W.
Naples, FL 34117
Thank you for your help.
MEMQRANDUM
DATE:
TO:
FROM:
October 28, 1996
Harry. Huber, Project Manager III, OCPlVI~ j)
Sue Filson, Administrative Assistan!7..d'."I
Board of County Commissioners K..,/
City/County Beach Renourishment Advisory Committee
As you know, we currently have Ivacancy on the above-referenced advisory committee. A press
release was issued requesting citizens interested in serving on this committee to submit a resume for
consideration. I have attached the resumes received for your review as follows:
Charles Huttinger
840 South Collier #1803
Marco Island, FL 34145
Ralph Schinella
3680 29~ Avenue, S.W.
Naples, FL 34117
Please let me 'know, in '.',Tiring, the recommendation of the advisory committee for appointment and
I will prepare an executive summary for the Board's consideration. Please categorize, the
applicants in areas of expertise. If you have any questions, please call me at 774-8097.
Thank you for your attention to this matter.
SF
Attachments
1667
,JAN l Z~ 1997
JAN l Z~ 1997
Pg-- ?
Ralph Schinllla
A'~oue S.W. e I~, Ronda 34117 ~ USA
Sue Filson, Adm. Asst.
3301 US 41 E
Naples, FI. 33962
Dear Ms. Filson,
Re: The City County/Beach Renoudshment Maintenance Committee Vacancy.
I am interested in applying for the above mentioned vacancy, f am a Collier
County resident and a registered voter.
I am a semi-retired graduate construction engineer with a B.S. degree.
I am a Korean War Veteran.
WORK HISTORY...
1953-1958 - State of Illinois Highway Department.
1958-1963. Private contractor as a Field Superintendent on highway projects,
Ohare Field & dredging projects.
1963-1966 - My own business.
1966-1991 - Worked for the largest dredging company in the Western Hemisphere,
Great Lakes Dredge & Dock Co.
I was a Field Engineer, Project Superintendent & Project Manager on various
madne construction jobs; also was Quality Control Officer for the U.S. Corps of
Engineers at some of the large stone quarries manufacturing stone for break
walls and beach erosion I~ojects.
Handled projects to do with beach erosion, harbor development, dock
construction, break water construction and under water pipelines. Worked with
dredges of all types.
The last four years, my wife and I managed the Caribbean operation for
Great Lakes from our San Juan office in Puerto Rico. Most of the i:m:)jects I
have worked on were for the U.S. Corps of Engineers and Governmental Agencies.
At the present time I am semi-retired and do part time consulting in regard lo
different aspects of the madne and dredging industry.
I also did some gratis consulting work for Dan Spina of Save the Bay.
I can be reached by mail at 3680 29th Ave. SW, Naples, FI 34117 orby phone
at 352-6747.
October 17, 1996
JAN l Zi I997
September 23, 1996,
John C. Norres, Chairman
3301 'ramia.mi Trail East
NapJes, FL 34112'
Dear .roM:
During the lan few years I have very much enjoyed working the "Beach Renurishment Advirs6ry
Committee."
The committee members I have had the pleasure to serve with have all been interesting,
professional and committed to providing the best for the Collier County residents.
In recent months I have found it more and more'difficult to arrange m~, time and sc. he. dule Pc, he
adequately prepa'ed for the rr~etings. Therefore, please accept my resignation effective upon
receipt of this letter.
I would hope that in the future I will be able to again serve the community in some capacity.
Best regards, '
· August W. Rocco
· AWR/ph
CC:
Richard Lydort, Chairman
Dr. I0n Staiger, Natural Resource Mgr.
Harry Huber, Collier County Capital Projects Mgr.
I000 CROSSPOINTE DRI}'E', NAPLES. IVLORIDA 34110
TEL {941l 592.1000 · (800) 695-5263 · FAX {941) 592-0503
JAN 1997
·
COLLIER COUNTY
OFFICE OF CAPITAL PROJECT MANAGEMENT
MEMORANDUM
Date:
To:
~rom:
RE:
!anuary 6, 1996
Susan Filson, Administrative Assistant
Board of County Commissioners
HaWoFd"E. Huber, Project Manager
JAN 7 1997
(,~, t? .........
Beach Renourishment/Maintenance Committee
I am in receipt of the resumes from applicants for the vacancy on the
subject advisory committee. Such were forwarded to the advisory
committee for their review and recommendation.
At their regularly scheduled meeting on January 3, 1997, the Beach
Renourishment/Maintenance Committee made the following
recommendation for appointment to this vacancy:
* Appoint Ralph Schinellato fillvacancy. Motion of recommendation
passed 7-2.
If you should have any questions or require additional information, please
give me a call.
HEH/lh/memoheh.043
CC: Beach Renourishment/Maintenance Committee
AGENDA'
.o.
JAN 14
,:,~. /~
EXECUTIVE SUMMARY
RELATING TO PETITION CU-95-18 FOR A 2~ EXTENSION OF A CONDITIONAL USE OF
PROPERTY DESCKI~ED AS NAPLES FIRST ALLIANCE CHURCH AT 2504 ESTEY AVENUE
BEING A PORTION OF LOT 25 AND 26, NAPLES GROVE AND TRUCK CO'S LITTLE FARM
NO. 2 ACCORDING TO PLAT IN PLAT BOOK l, PAGE 27, PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA.
OBJECTIVE:
This petition seeks to extend the date by which a conditional use for church expansion and a day care
center was to have been initiated. Said conditional use was first approved on January 23, 1996. The
Collier County Land Development Code provides for a maximum of three (3) one year ex'tensions to
conditional uses.
CONSIDERATIONS:
A Site Development Plan application has been filed (7/18/96) however, the petitioner's agent has not as
of this date adequately responded to deficiencies or additional information required to receive final
approval. The petitioner has engaged an architect. The petitioners agent applied for this extension on
January 7, !997.
FISCAL IMPACT:
None
GROWTH MANAGEMENT IMPACT:
None
1997
PLANNING COld, MISSION RECOMMENDATION:
That the Collier County Planning Commission recommend the granting of a one year ex-tension to
Petition CU-95-18 as regulated by Resolution No. 96-28 pursuant to Section 2.7.4.$ of the Land
Development Code.
,AREDIBY
RONAL'D-NINO, AICP DATE
CHIEF PLANNER
REVIEWED BY:
~RE, AICP
CURRENT. pLAnNING MAN,.~R
DONALD W. ARNOLD,)FICP
~CENT A, CAUTERO, ADM~IST~TOR
DATE
DATE
DA~I'E
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
Cu-95-18 EX SUM~MARY/pd
AG£ND~ ITEM
JAN 2 1 1997
JACK CIILIILANO
941-403-058!
A KI C t.4 I 1' E C T m
GILLILAND ASSOCIATES
I0~.O. IIIO)C IO:34'7 I"dAI~LIEIS, I~1., :33941-O~347
January 7, 1997
Mr. Ronald F. Nino, AICP
Chief Planner, Collier County Government
2800 N. Horeshoe Drive
Nap]es, FL 34]04
Re: CU-95-18, First Alliance Church
Dear Mr. Nino:
In accordance with our conversation yesterday, please find attached
check in the amount of $200.00 to cover the cost of extending the
Conditional Use for the above mentioned project.
Your k~
F~¢k Oil
rchitec
ttention is appreciated.
JAN 2 1 1997
966{
JAN~
RESOLUTION 97-
RELATING TO PET'ITION NO. CU-95-18 FOR
EXTENSION OF CONDITIONAL USE OF PROPERTY
HEREINAFTER DESCRIBED IN COLLIER COUNTY,
FLORIDA
i
WHERF. AS, the Legislature of the State of Florida in Chapter 125,
Florida Statutes, has conferred on all Counties in Florida the power to
establish, cocrdinate and enforce zoning and such business regulations
as are necessary for the protection of the public; and
Wi4EP~F. AS, the County pursuant thereto has adopted a Land
Development Code (Ordinance No. 91-102) which establishes comprehensive
zoning regulations for the zoning of particular divisions of the
County, among which is the granting and extending the time period of
Conditional Uses; and
~ER~AS, on January 23, 1996, the Board of Zoning Appeals enacted
Lution No. 96-28, which granted a conditional use pursuant to
Ordinance No. 91-102, as amended expansion of an existing church and
child care center , on the herein described property; and
W}{EREAS, Subsection 2.7.4.5 of the Land Development Code provides
that the Board of Zoning Appeals may extend the one (1) year time
period for a conditional use which has not been commenced;
NOW, TI{EREFORE BE IT RESOLVED, by the Board of Zoning Appeals of
Collier County, Florida that:
The ~ritten request of Jack Gilliland, Architect of Gilliland
Associates representing Naples First Alliance Church for the first of
three (3) permitted one (1) year extensions, in interest' of
following described property:
The West 1/2 of West 1/2 of L~t 25 and 26 and West 40 feet of
West 1/2 of East 1/2 of West 1/2 of Lot 25 and 26, Naples
Groves and Truck Co's Little Farms No. 2 according to plat in
Plat Book 1, Page 27, Public Records of Collier County,
Florida, less the West 30 feet and the North 30 feet and the
South 260 feet of the before mentioned property, and less the
Southerly 23 feet of the above described parcel.
-1-
AGENDA LTE~ -
JAN g 1 1997
Development Code (Ordinance No. 91-102), and the expiration date for
Resolution No. 96-28, attached hereto end incorporated herein as
Exhibit "A", and all conditions applicable thereto, is extended hereby
for one year until January 23, 1998.
BE IT FURTHER R~SOLVED that this Resolution be recorded in the
minutes of this Board and in the records of the Petition for which the
extension is granted.
Co=~isstoner offered the foregoing
Resolution and moved for i%s adoption, seconded by Commissioner
, and upon roll call, =he vote was:
AYES:
NAYS:
ABSENT A~D NOT VOTING:
ABSTENTION:
Done this day of
., 1997.
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
ATTEST:
DWIGHT E. BROCK, CLERK
BY:
TIMOTHY L. HARCOCK, CHAIR/~
APPROVED AS TO FORM A~ LEGAL SUFFICIENCY:
MA3t3ORIE M. STUDENT
ASSISTANT COUNTY ATTORNEY
CU-95-18 EXTENSION RESOL~fION/19116
-2-
AG['N DA
.
JAN.
RESQLL'TI ON 97-
P. ELATING TO PET'ITION NO. CU-95-18 FOR
EXTEnSiON OF CONDITIONAL USE OF pROPERTY
HIiP. EINAFTER DESCRIBED IN COLLIER COUNTY,
FLORIDA
~EREAS, the Legislature of the State of Florida in Chapter 125,
Florida Statutes, has conferred on all Counties in Florida the power to
establish, coordinate and enforce zoning and such business regulations
as are necessary for the protection of the public; and
W~EREA$, the County pursuant thereto has adopted a Land
Development Code (Ordinance No. 91-102) which establishes comprehensive
zoning regulations for the zoning of particular divisions of the
County, among which is the granting and extending the time period of
Conditional Uses; and
OW~EREAS, on January 23, 1996, the Board of Zoning Appeals enacted
~esolution No. 96-28, which granted a conditional use pursuant to
Ordinance No. 91-102, as a~ended expansion of an existing church and
child care center , on the herein described property; and
I~H£RF. AS, Subsection 2.7.4.5 or the Land DeYelopment Code provides
that the Board of Zoning Appeals may extend the one (1) year time
period for a conditional use which has not been
NOW, THEREFORE BE IT RESOLVED, by the Board of Zoning Appeals of
Collier County, Florida that:
The ~Titten request of Jack Gilliland, Architect of Gilliland
AssOCiates representing Naples Firs= Alliance Church for the first of
three (3) par'~itted one (1) year ~x~enelons, in interest of t.he
icl%owing deecribed property=
The Weet 2/2 of West 1/2 of ~ot 25 amd 2& amd West 40 feet of
west 1/~ of T~et 1/2 of West 1/] of Lot 25 amd ~&, Maples
Croves and Tr~c-X Co'e Little Farlm #o. 2 ec~Grdimg
Plat l~ook 1, ?&ge 27, I~blic P~corda o! CollLer C~nty,
Florida, less t~e Wes~ 30 feet amd r. he ~orv. h 30 feet amd ~.he
S~h ~&O feet or ~he before ~en~lomed pro1>er~y, an~ Ieee the
S<~herly 23 feet of the at~ve de~-r~bed p~rcel.
ia hereby approved pursuant to Subsection 2.7.4.5 of the Land
Development Code (Ordinance No. 91-102), and the expiration date for
Resolution No. 96-28, attached hereto and incorporated herein as
Exh£bit "A", and all conditions applicable thereto, is extended hereby
for one year until January 23, 1998.
BE IT FURTHER RESOLVED r. hat thi, Resolution be recorded in :he
=inures of this Board and in the records of the Petition for vhich the
extension is granted.
Connissioner offered the foregoing
Resolution and moved for its adcpticn, seconded by Co~issfcner
0 amd upon roll call, the vote vas:
AYES:
NAYS:
AB$~ ~D NOT VOTING:
ABST:NTION:
Do~e this day of , 1~97.
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
ATTEST:
DWIGHT E. BROCK, CL~RK
BY:
TIMOTHY L. KANCOCK, CKAIRM~%N
APPROVED A~ TO FORM A~D L£GAL SUFFICIENCY:
KARDORIZ M. ~TUDE~T
CU-95-1~ ~SIOM RF..SOLUI'ION/1911&
,JAN 2 I 19~7
RESOLUTION 96-, 28
A RESOLUTION PROVIDING FOR TME £STABLISF3:.ENT
OF CONDITIONAL U$£S "2" AND "4" FOR A CHURCH
AND DAY CARE CENTER CONDITIONAL USE IN THE RSF
ZONING DISTRICT PURSUANT TO SECTION 2.2.4.3 OF
THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR
PROPERTY LOCATED IN SECTION 2, TO~SHIP 50
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
W~EREAS, the Legislature of the State of Florida in Chapter
67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has
conferred on Collier County the Dower to establish, coordinate and
enforce zoning and such business regulations as are necessary for the
protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land
Development Code (Ordinance No. 91-102) which includes a Comprehensive
Zoning ordinance establishing regulations for the zoning of particular
geographic divisions of the County, among which is the granting of
Conditional Uses; and
~EREAS, the Collier County Planning Commission, being the duly
appointed and constituted planning board for the area hereby affected,
has held a public hearing after notice as in said regulations made and
provided, and has considered the advisability of Conditional Uses "2"
and "4" of Section 2.2.4.3 in an RSF zone for a church, and related
multi-purpose/fellowship hall, and day care cen~er on the property
hereinafter described, and has found as a matter of fac= (E×hibtt "A")
that satisfactory provision and arrangement have been made csncerning
all applicable matters required by said regulations and in accordance
with Subsection 2.7.4.4 of the Land Developmen~L~ode for the Collier
County Planning Co~nission; and
W~EREAS, all interested parties have been given opportunity to be
heard by this Board in a public meeting assembled and the Board having
considered all matters presented.
NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of
Collier County, Florida that:
A6£NDAJT£M,
. ':JANI,,.. 2 1997 }..."
The petition filed by Jack Gilliland, Architect of Gilliland
Associates representing First Alliance Church with respect to the
property hereinafter described as:
The West 1/2 of West 1/2 of Lot 25 and 26 and West 40 feet of
West 1/2 Of East 1/2 of West 1/2 Of Lot 25 and 26, Naples
Groves and %'tuck Co's Little Farms No. 2 according to plat in
Plat Book 1, Page 27, Public Records of Collier County,
Florida, less the West 30 feet and the North 30 feet and the
South 260 feet of the before mentioned property, and less the
Southerly 23 feet of the above described parcel.
be and the same is hereby approved for Conditional Use "2" and "3" of
Section 2.2.4.3 of the RSF zoning district for a church and school in
accordance with the Conceptual Raster Plan (Exhibit "C"} and subject to
the following conditions:
a. The Planning & Technical Services Manager may approve
minor changes in the location, siting, or height of
buildings, structures, end improvements authorized by
the conditional use. £xpansicn of the uses identified
and approved within this conditional use application, or
major changes to the site plan submitted as part cf this
application, shall require the submittal cf a new
conditional use application, and shall comply with
applicable County ordinances in effect at the time of
submittal, including Division 3.3, Site Development Plan
Revie~ and approval, cf the Collier County Land
Development Code (ordinance No. 91-102).
b. This approval does ntt constitute an approval of the
conceptual site develo~men: plan end shall not be
interpreted to mean that the number of parking spaces is
the number of parking spaces required for the land use
activities generally displayed by the Conceptual Site
Development Plan. The extent to which the land use
ac%ivities herein requested, and their intensity of use
may be achieved will be a function of complying with al!
of the requirements of the Land Deve!opment Code. These
requirements will be applied when application is made
for Site Development Plan approval, ewcept %hat the day
care center shall not be designed to accommodate in
excess of fifty (50) children which sh=11 govern its
maximum enrollment at any time without formal
to this conditional use.
c. Adequate turning radii for buses and de!ive~f vehicles
shall be made at project entrances prior to the issuance
of a building pernit for the first phase of
construction. Said turning radii shall b~ designe~ and
construction plans submitted in conjunction vit~ an
application for Site Development plan appr=val.
d. Arterial level street lighting shall ~e ins=alle~
each project entrance prior to receipt of a Certlflca=e
of Occupancy for any of the phase~
e Parking lot light standards shall be i~=alled in such ·
· - n . fro= sai~
manner to prevent glare that v=uld e=a a'e -
standards and that ~ould affect adJolnin~ res!den=tall?
improvements are permitted.
BE IT FURTHER R£SO~V£D that th~s Resolution be recorded in the
minutes of this Board.
Commissioner Bancock offered the foregoing
Matthews and upon roll call, the vote ~as:
NAYS:
ABSENT AND NOT VOTING: Commiss~onar Constantine
ABSTENTION:
January 1996.
Done this 23 day of ,
CU-95-18 RESOLUTION/15595
BO~-'%D OF ZONING APPEALS
COLLI£R CO%~TY ,ELOR~DA
~Ot4~ C. t~RRI$, CHAIR.'".A-N
-3-
JAN 2, 1 1997
,,. //
FINDING OF FACT
CO~LIL'RCOUNTY Pi-~%~ING COM~ISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-95-18
The following facts are found:
1. Section 2.2.4.3,2. 2.2.~.3.3 ~nd 2.2.4,3,4 of the Land
Development Code authorized ~he conditional use.
2. Granting =he condi=icna! use ~'ill no~ adversely affect
the public interest and %'!11 not adversely affect other
property or use~ in the ~ane ~i~trict or neighborhood
because ~:
A. Consistency %'ith ~h~'Land Developmen~ Code and
Grow:h Management ?lan:,
B. Ingress ande~-ress %o proper~y and proposed
strut%utes =herecn ='i=h ~ar=icular reference
automotive and pe~estrian safety and convenience,
traffic flo~ and control, and access in case of
fire or catastrophe:
Adequate ingress & egress
Yes ~ No
C. Affects neighboring pro~er%ie~ in relation
noise, glare, economic cr odor effects:
~ No affect or -- Affect mitigated by
Affec= cannot ~e
D. Com~atibili=y with adjacent proper=les and
othmr property in the district:
Compatible us~ ~ithin district
Yes ~ ~o --
with stipulations, (copy a~ached). (s~uld ~) be
FINDING OF FACT M~iKBF. R/md
Exhibit "A"
P~. ~ ~:
FINDING OF TACT
BY
COLLIER COUNTY pLANNING CO~IS$IOt~
£O~
A CONDITIONAL US£ PETITION
~U-95-!~
The following facts are found:
1. Section _~,2.4.~-.2. 2.2.4.9.9 a,~d 2.2.4.9,4. of the Land
Development Code authorized the conditional u~e.
2. Granting the conditional u~e will not adversely affect
the public intere~ and m'ill no% adversely affect other
property or use~ in the sane di~=ric~ or neighborhood
because of:
A. Co-sis%e'cy w~%~ ~he Land Developmen= Code and
' Yes _~/~ No ,
L. Ingress and egress =o property and proposed
structures thereon %'i:h par=icular reference =o
automotive and pe~es:rian safe%y and convenience,
traffic flo'w an~ con=rol, and access in case of
fire or ca%aszrophe:
Adequate in~ress & egre~s
Yes ~ No
C. Affects neighboring proper=les in re[etlon to
noise, glare, e:on:r,!c cr odor effec=s:
No affect or Affect mitigated by .--
D. Compatibility with adjacent properties and
other proper~y in %he district:
Compatible use wi%him distric=
Based on the above findings, ~h~s conditional ~~
with ~tipula=ions, (copy a~hea~, (should n~)~e
recommended for approval ~ ~::~. · /~/ /- --
FINDING OF FACT MEMBER/md
JAN 2 1 1997
FINDING OF FACT
BY
COLLIER COUNTY PLANNING CO..~.ISSIO!;
FOR
A CONDITIONAL USE PETITION
FOR
CU-~}-I~
The following facts are found:
1. Section 2.2.4.3.), 2.2.4.3,2 end ~.2.4.3.4 of the Land
Development Code authorized the conditional use.
2. Granting the ccnditiona! use ~ill no% adversely affect
the public interest and ~ill not adversely affect other
property or uses in the sane district or ~ei~hborhocd
because cf:
A. Consistency ~ith the'Land Develcpnen% Code and
Growth Ma..a~e...e~: No
B. Ingress and egress to property and
structures thereon ~ith ~articu!ar rafarenca to
automotive and pedestrian safety and convenience,
traffic flo~ and c:ntrol, and access in case of
fire cr
e~ ess
C. Affects nei~kbcrin~ ~roperties in relation to
noi~econcmic or oder effects:
~ ~o a:~t or Affect nitic!ted by
~Affec% cannot be mitigated
D. Compatibility with adjacent properties and
other property in the district:
CompOse ~ithin district
Based on the above findings, this conditional use~
~ith stipulations, (copy attached) (should not) be
recommended for approval ~;~ .
FINDING OF FACT M~2~F.R/md
'JAN 1 1oj97
FINDING OF FACT
BY
COLLIER COUNTY PL32~ING COM~ISSIOI;
FOR
A CONDITIONAL USE PETITION
FOR
The following facts are found:
Section 2.2,4,),2, 2.2.~.3.3 and 2.2.4.3.4 of the Land
Development Coda authoriza~ the conditional use.
Granting the conditional use ~ill not adversely affect
the public interest and ~ill no= adversely affect other
property or uses in the same district or neighborhood
because of:
A. Consistency with tka'Land Development Code and
Growth Hanagement ~ian3 j
Yes _ ~ ~;o __
B. Ingress and egress :o property and proposed
structures thereon ~i:h particular reference to
automotive and pedestrian safety and convenience,
traffic flow and con:roi, and access in case of
fire or catastrcpha:
Adequate in?%ss~,~ egress
Yes %~wNo
Co
Affects neighboring ~roperties in relation to
noise, glare, economic cr cdor effects:
~;o affect or . Affect mitigated by ~
__Affect cannot be mitigated
Compatibility with a~jacent properties and
other property in the district:
Compatibl%u~w~.'ithin district
Yes 1~~ No
Based on the above findings, this conditional use should,
~ith stipulations, (copy attached) (_L_~i' ~ be
o
recommended for approval
DATE: ~ ~~_~
FINDING OF FACT MEmBER/md
AG£ND,~ ITEM
.lAN g 1 1997
FINDING OF FACT
BY
COLLIER COUNTY PL~.%~ING CO~MISSIO~:
FOR
A CONDITIONAL US£ PETITION
FOR
CU-95-1~
The following facts are found:
1. Section 2.2.4.3.2. 2.2.4.3,~ ~nd ],2.4.3.4 of the Land
Development Code authorize~ the conditional use.
2. Granting the conditional use ~ill not adversely affect
~ the public interes: and ~i!l not adversely affect other
property or uses in the sane district cr neighborhood
- because of:
A. Consistency ~i:h tha'Lan~,eve!cpnen~ Code and
_ Growth Management Flare:/
Yes
B. Ingress and egress t: ~rc~erty and proposed
structures thereon ~i:h ~ar%icular reference to
automotive and pedes=rian safety and convenience,
traffic flo~ and c:n:ro!, and access in case of
- fire or catastrophe:
Adequate in~r~s~/& egress
Yes /.,/ No
C. Affects neighboring properties in relation
noise//~lare, aeon:nit or odor effects:
· F No affect or Affect mitiga%ed by
Alfa:% cannot be mitigated '
D. Compatibility with adjacent properties and
- other proper=y in the district:
Compa~tbleJ~Yes ~ithinNo district
Based on the above findings, this conditional use should,
with stipulations, (copy attached) (~be ~ ;
recommended~or approval . ~-~/~/-~/
..
FINDING OF FACT M~D'2~F-R/md
AGENDA_ITEM
JAN 2 1 19 7
FINDING OF FACT
BY
COLLIER COUNTY PL~2;NING COMMISSION
FOR
A CONDITIONA~ USE PETITION
FOR
The following facts are found:
1. Section 2.2.4.3.2. 2.9.z.3.~ ~Dd 2.~.4.~.4 of the Land
Development Code authorized the conditional use.
2. Granting the condi%icna! use will not adversely affect
the public interest and will not adversely affect other
property or u~e~ in ~he ~ame district or neighborhood
because of:
A. Con~istency with ~h~'Land Development Code and
Growth Mana~enen~ ~!an:/ Nc
Yes
B. IngreSs and egress %o property and ~roposed
structures thereon "~-~._
automotive and pedestrian safety and convenience,
traffic flow and c:n=r~l, and acces~ in case of
firm or ca%astrcpha:
Adequate ingress & egress
C. Affects neighboring pro~er=ie~ in relation
noise, glare, economic cr odor effects:
~ No affect or __ Affect mitiga%ed by
Affe=% cannot be nitiga%ed
D. Compatibility vith adjacent properties and
other property in the district:
Compatible u~e vithin district
Yes~
Based on the above findings, this conditional use should,~
~ith stipulations, (copy attached)
reco=ended/ /.f°r approval __.
-u . . / ~ /
FINDING OF FACT M]D~BER/md
JAN ~ 1 1997
I~INDING OF FACT
BY
COLLIER cOUNTY pLaNNING CO~24ISSION
FOR
A CONDITIONAL USE PETITION
FOR
The following facts are found:
1. Section .... z. .d .2.4 .4 of the Land
Development Code authorized the conditional use.
2. Granting the condi%ional use ~ill not adversely affect
the public interest and will not adversely affect other
~rcperty or uses in the same district or neighborhood
~ecause of: ..
A. Consistency ~ith the'Lan~ Development Code and
Growth Management Plan.:/
Yes ~ No --
B. Ingress and egress to property and ~ropcsed
structures thereon wi=h particular reference to
automotive and pedestrian safety and convenience,
traffic flow and ccn%rol, and access in case of
fire or ca%astropha:
Adequate ingress/& egress
Yes ~ No --
C. Affects neighboring properties in relation to
no~e, glare, economic er cdcr effec:s:
No affect or Affect mitigated by --
Affect cannot be mitigated
D. Compatibility with adjacent properties and
other property in :he district:
Compatible us9 ~i:hin district
Yes __~___ No __
Based on the above findings, this conditional use should,
with stipulations, (copy att~c~d) (should not) be
recor~ended for approval ~' --_ ~-~ ~ /
FINDING OF FACT M~-~BER/md
J~ Z 1 ~997
EXECUTIVE S~Y
WATER AND SEWER FACILITIES ACCEPTA/~CE FOR
QUAIL W]~ST, PHASE ONE, BLOCK C
OBJECTTVE: The Board of County Commissioners, Ex-Officio the
Governing Board of the County Water-Sewer District, to accept the
newly-constructed water and sewer facilities to serve Quail West,
Phase One, Block C and authorize the recordation of the
appropriate legal documents.
CONSIDERATIONS:
1) The developer of Quail West, Phase One, Block C has
constructed the water and sewer facilities within dedicated
utility easements to serve this development. See attached
location map.
2) Deed, Bill of Sale and other related documents have been
submitted to Engineering Review Services in order for the County
to accept the water and sewer facilities in accordance with County
Ordinances 78-10 and 79-33.
3) The water and sewer facilities will be, upon acceptance by
the Board, operated and maintained by the County Utilities
Division under a one (1) year maintenance guarantee furnished by
the developer.
4) The on-site inspection of the sewer facilities and water
facilities has been conducted by the County Engineering Inspection
section with the finding that the water and sewer facilities have
been constructed in accordance with County Ordinances and
Regulations.
5) The legal documents have been reviewed by the County Attorney
and are legally sufficient for acceptance by the Board.
6) Surety for utilities
Improvement acceptance.
is covered under the Subdivision
FISCAJ~ IMPACT: The water and sewer facilities were constructed
without cost to the County Water-Sewer District. During the first
year, the water and sewer facilities are under a Contractual
Guarantee. After that time, the cost of operating and maintaining
the water facilities will be paid by monthly user revenues.
JAN 2 1 1997
Executive Summary
Quail West, Phase One, Block C
Page Two
GROWTH ~GEMENT I~fPACT: The sewer facilities will be connected
to the North County Regional Wastewater Treatment Plant and the
water facilities to the County Regional Water Treatment Plant.
This project will not create a new impact, as it has been planned
for within facilities available at present
RECOMmeNDATIONS: That the Board of County Commissioners,
Ex-Officio the Governing Board of the County Water-Sewer District,
accept the water and sewer facilities for Quail West, Phase One,
Block C, with the following stipulations:
The water and sewer facilities to serve the project cannot be
placed into service and no Certificate of Occupancy shall be
issued until the following items have been furnished:
1) Florida Department of Environmental Regulation furnishes a
letter authorizing the placement of these systems into service,
and;
Bacteriological testing has met the County's requirements,
2)
and;
3) The Fire Flow requirements of the project have been satisfied,
and the Fire District furnishes a letter accepting the fire
hydrant for ownership and maintenance
4) Receipt of payment for water usage from Utilities for
bacteriological testing
PREPARED BY:
Shirley Nix, ~ngineering Technician II
REVIEWED BY:
Thomas E. Kuck, P.E.
Engineering Review Services Manager
Date
Date
JAN £ 1 1997
PI. C~
Executive Summary
Quail West, Phase One, Block A
Page Three
Donald W. Arnold, AICP
Planning Service Depart. ment Director
~'~~' d~ 'Vir~cent ~. Cautero,~''~'~'
Admini$ tra tot
uI~%WUS'rTT~DEV~OPMENT-~ ENVI RONMENTA' SERVI CE~
attachments
Date
/
Date
JAN 2 1 1997
EXECUTIV~ SUP~4ARY
WATER FACILITIES ACCEPTANCE FOR
WINN DIXIE SHOPPING CENTER AT COUNTRYSIDE
OBJECTIVe: The Board of County Commissioners, Ex-Officio the
Governing Board of the Collier County Water-Sewer District, to
accept the newly-constructed water facilities to serve Winn Dixie
Shopping Center at Countryside and authorize the recordation of
the appropriate legal documents.
CONSIDERATIONS:
1) The Developer of Winn Dixie Shopping Center at Countryside,
has constructed the water facilities within dedicated easements to
serve this development. See attached location map.
2) Deed, Bill of Sale and other related documents have been
submitted to Engineering Review Services in order for the County
to accept the water facilities in accordance with County Ordinance
78-10.
3) The water facilities will be, upon acceptance by the Board,
operated and maintained by the County Utilities Division under a
one (1) year maintenance guarantee furnished by the developer.
4) kn on-site inspection of the water facilities has been
conducted by the County Engineering Inspection section. This
inspection reveals that the water facilities have been constructed
in accordance with County Ordinances and Regulations.
5) The legal documents have been reviewed by the County Attorney
and are legally sufficient for acceptance by the Board.
6) A cashier's check in the amount of $3,254.00 has been
accepted as surety.
FISCAL IMPACT: The water facilities were constructed without cost
to the Collier County Water-Sewer District. During the first
year, the water facilities are under a Contractual Guarantee.
After that time, the cost of operating and maintaining the water
facilities will be paid by monthly user revenues.
GROWTH PiANAGEM~NT IMPACT: This project has been connected to the
County Regional Water Treatment Plant. This project will not
create a new impact, as it has been planned for within facilities
available at present.
JAN B 1 1997
Pg.
Executive Summary
Winn Dixie Shopping Center at Countryside
Page Two
RECOb94ENDATION: That the Board of County Commissioners,
Ex-Officio the Governing Board of the Collier County Water-Sewer
District, accept the water facilities for Winn Dixie Shopping
Center at Countryside, with the following stipulations:
1) That the Board of County Commissioners accept as surety the
receipt for the cashier's check in the amount of $3,254.00.
2) The water facilities to serve the project cannot be placed
into service and no Certificate of Occupancy shall be issued until
the following items have been furnished.
3) Florida Department of Environmental Regulation furnishes a
letter authorizing the placement of the sewer system into service
and approving the water distribution system for service.
4) Bacteriological testing has met the County's requirements.
5) The Fire Flow requirements of the project have been satisfied,
and the Fire District furnishes a letter accepting the fire hydrant
for ownership and maintenance.
6) Receipt of payment of water
bacteriological testing
usage from Utilities for
PREPARED BY:
Shirley Nix, Engineering Technician II
Enginet~fing Review Services
Date
REVIEWED BY:
Thomas E.cKuck, P.E.
Engineeri .ng Review~esCanager
Donald W. Arnold, AICP
Plan/ling Services D~partment Director
Vincent A. Cautero, Administrator
COM2~I3NITY DEVELOPMENT AND ENVIRON~"~.ENTAL SERVICES
Date
Date
Date
J~N 2 1 1997
PROJECT
LOCATION
~1~ ~ :R. ~.6).
0
B~Y
, .. .-.,..,...,:,.;:._ · - ..
Counzy ot' Collier
BOARD OF COUNTY COMMisSIONERS
BY:
RECEIPT:
PAYOR:
REF:
DEPUTY CLERK
1369920
GULFSIDE DEV
WINN DIXIE SHOP
000021366
SN
CNT
_Q.F__FICI A L RECEIPT
When Validated
UALID Il: Y~~t~O
DESCRI PTZO~.
.................. -'."~=.= ~{.00 AMOUNT DUE
: k~.00 325a.oo
CE;T: DSC:I=~OJECT ~="IEW- · SERVICES
TOTAL DUE:
3254 .00
TO OBTAIN 'I'ttE CHAIRMAN'S SIGNATURE ON A SUBORDINATION AGREEMENT.
~ To have the Board of County Commissioners authorize the Chairman to sign a
subordination agreement to Ford Consumer Finance Company.
~ The Housing and Urban Improvement Department is currently
rehabilitating a home in Golden Gate Estates utilizing SFI~ Funds through the ongoing
Residential Rehabilitation Program. The contractor has recorded a Notice of Commencement as
part of the permitting process related to the repairs on the home. Upon satisfactory completion of
the repairs, the contractor will be paid and a second mortgage will be recorded against the
property for the amount of the contractors payment.
The owner is desirous of refinancing the existing first mortgage to take advantage of lower
interest rates in the current financing market. The lending institution (who also holds the first
mortgage) contacted ti'tis department regarding the Notice of Commencement and the County
initiating a Subordination Agreement to ensure their first priority status.
The County Attorney's office has reviewed the documentation and feels that it will not be
detrimental to the County to process the Subordination Agreement.
None
R WTH MANA EMENT IN[PA T' None
~ The Director of the Housing and Urban Improvement Department
recommends that the Board of'County Commissioners authorize the Chairman to sign the
accompanying Subordination Agreement in favor of Ford Consumer Finance Company.
JAH 2, 1 '1997
PREPARED BY:_~=..~d_ ~.L.~c~'xc
Ron Cook, HUI Manager
REVIEWED BY~
Housing and Urban Improvement
DATE:
COM. DEV. AD~: ~ DATE:
Vincent A. Cautero,
Community Dev. and Environmental Svcs.
JAN 2 1 1997
SUBORDLNATION AGREEMENT
KNOW ALL MEN BY THESE PRESENT, that as an inducement to Ford Consumer
Finance Company to lend the sum of $ to the borrowers upon the security of
a mortgage, to be recorded, in Book , Pace __, upon the following
described premises of said borrower:
Legal description: THE EAST 150 FEET OF TRACT 93, GOLDEN GATE ESTATES,
UNIT 25, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK
7, PAGES 13 AND 14, OF TI-IE PUBLIC RECORDS OF COLLIER COLrNq'Y,
FLORIDA.
The undersigned hereby consent(s) and a~ee(s) vcith Ford Consumer Finance that said
mortgage to be executed and delivered by borrower to it, shall be a first and best lien on
said premises Insofar as to any claim the undersigned has by virtue ora Notice of
Commencement recorded on 11-5-96 in Official Records Book 2247, Page 784, of the
public records of Collier County and the undersigned hereby agree(s) to postpone and
subordinate to said claim and waive in Ford Consumer Finance favor, the priority of any
right, equitable lien, or interest the undersized has or may claim by virtue of the above
mentioned 'OTI E F N~IEN E*fENq'.
Attest:
Dwight E. Brock, Clerk
BOARD OF COUNTY CONLMZISSIONERS
COLLIER COL~'TY, FLORIDA
By: By:
Chairman
Date: Date:
JAN 2 1 1997
PA. ~
EXECUTIVE SUMMARY
RECOHMEND THE BOARD OF COUNTY COMMISSIONERS REJECT BID #96-2594,
AND AUTHORIZE STAFF TO RE-BID THE CLAM BAY EXOTICS REMOVAL
PROJECT.
OBJECTIVE=
That the Board of County Commissioners reject Bid $96-2594 and
authorize the Natural Resources Department to seek additional
bids for the Clam Bay Exotics Removal Project.
CONSIDERATIONS:
1. Only one bid was received in the amount of $250,000 (See
Attached Tab Sheet.)
2. Several potential bidders expressed concern over the need of
the Performance Bond.
The Bid is structured so the the Contractor is paid only
after the County is satisfied with the work completed. This
type of payment structure makes the Performance Bond
unnecessary.
GROWTH MANAGEMENT IMPACT:
Not Applicable
FISCAL IMPACT:
A job of this nature should be accomplished for less than
$100,000. Re-bidding the same job without the Performance Bond
requirement will allow several small specialized Exotics Removal
Companies to compete. Re-bidding this job could save the County
$150,000.
FY 96/97 Budget was approved for $80,000 and is available in
001-178980.
JAN 2 1 1997
RECOM){ENDAT I ON =
That the Board of County Commissioners reject Bid #96-2594 and
authorize the Natural Resources Department to re-bid the Clam Bay
Exotic Removal Project without the need of the Performance Bond.
PREPARED BY:~j
Kevin H. Dugan, Sr. Environmental Specialist
Natural Resources Department
REVIEWED BY: % DATE: /-9-97
~J~liam D. L~nz, 'Jr., P.E., Director
Nakural Resources Department
Steve Carne~l, Director
Purchasing Department
'
APPROVED BY... - ' -
Vincent A. Cautero, Administrator
Community Development & Environmental Services
DATE:
cc: Kyle Lukasz, Project Manager, Pelican Bay Services
JAN ,~ 1 1997
L _
ooo
TABULATION FOR BID/$96-2594
'Clam Bay Exotic Removal"
OPENING DATE: D~c. 30, 19~6
POSTTNG DATE: Dec. 9, 1996
IN'VITATIONS SENT TO: 107 Vmdors
P~e i of I
· e Bi~' l~opos~ ~d ~ if propoul
Ls ~.ceptcd, to conu'a~ with the cou~v/to
furnish work in fulL, in complc~ ~c;orcLu~ce
wi~ the specification, ~,~.ordinl to the
foBowing u.~ pric~:
CLAM BAY EXOTIC REMOVAL
AJ~a
A~a "B"
Area "F
Area
$
S
S
$
S
S
S
TOTAL BID PRJCE
"A" THROUGH
s.,aS'(ooo, oo s Uo ,'cJ s
Prompt Payment Terms:
Addenda Acknowledged:
~ys % ~ys
days Net days
~NO ~YES ... NO
__% .days % days
Net days Nc~ days
__YES __NO Y'ES ~NO
WITNESS:
Bids" received from: Aquatic Weed Conu'ol, Inc.; B.J. ExcavaHng Enterprises; Sludge Mana&ement Co~.; Bes~ Ideas, Inc.;
Davey Tree Company; Consul-Tech Engineer~ng, Inc.; R,ichazds Company; Forsbcr~ Com'a'uctioa, Inc.; Ryan Incorporated Eastern;
APAC-Flor~da, [nc.; Kelly Tr~c~o~ Anne Marie DcVi[o, Inc. d/b/a/The Tree Sen4ce; Betzer Ro~ds, Inc.; Elite Service Bodies ~d
Equipment; and Commercial l.~nd Ma[menance.
~.XECUTR/E SUMMARY
TO OBTAIN APPROVAL TO REIMBURSE THE SEWER IMPACT FEE CHARGED
TO 4485 LORRAINE AVENUE,
OBJECTIVE: To obtain approval from the BCC, Ex-Officio the Governing Board of the Collier
County Water-Sewer Dis~ict to reimburse the sewer impact fee charged to 4485 Lorraine Avenue.
CONSIDERATIONS: On November 22, 1996 Mr. Tom Scholtz paid a sewer impact fee in the
amount of $1,340 for a home being built at 4485 Lorraine Avenue. On 1/7/97 Mr. Scholtz pe~oned the
Board for a reimbursement of the sewer impact fee. In accordance wfth Board direction, staff has
reviewed the matter.
Staff recogn{zes that the nature of previous development, platting of the subject area pdmadly into large
residential tracts, and the present zoning and constraints of the comprehensive plan have limited the
density and use of these areas in such a way as to make it imprac'dcal to serve most of the subject area
in the foreseeable future via the Regional Sewer System or any other centralized sewer utility.
Accordingly, staff recommends the fee be refunded,
However, if the subject property is required to or requests connection to the regional sewer system or
other~nse creates a growth necessil,3ted demand to expand the regional sewer system, it shall be
subject to the imposi'don of impact fees.
FISCAL IMPACT: The original payment of the sewer impact fee occurred in the current fiscal year.
The refunding of me fee will be accomplished by reducing current impact fee revenue by the amount
paid. $1,340.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the BCC, Ex-Officio the Governing Board of the Collier County
Water-Sewer Disl~ct approve reimbursing the sewer impact fee charged to 4485 Lorraine Avenue.
Edward N. Finn, Public Works Operations Director
'lSmothy L Clemons~ Waste~r~ter Director
Approved By'~ Date//~.'/"; '2
Raymond M~,ler, P.E. Interim Public Works Administrator
· Page I
COLLIER COUNTY MANAGER'S OFFICE
December 10, 1996
3301 E. TAMIAMI TR.
NAPLES, Fl. 34112
(941) 774-8383
FAX (941) 774-4010
A CER~FIED BLUE CHIP COMMUNITY
Tom Seholtz
Scholtz & Scholtz
291 Cypress Way West
Naples, Florida 33942
Re: Request for Public Petition - Waiver of Sewer Impact Fee
Dear Mr. Scholtz:
Please be advised that you are scheduled to appear before the
Collier County Board of Commissioners at the meeting of
Janua~--y 7, 1996 regarding the above referenced subject.
Your petition to the Board of County Commissioners will be
limited to ten minutes. Please be advised that the Board will
take no action on your petition at this meeting. Mowever,
your petition may be placed on a future agenda for
consideration at the Board's discretion. Therefore, your
petition to the Board should be to advise them of your concern
and the need for action by the Board at a future meeting.
The meeting will begin at 9:00 a.m. in the Board's Chambers on
the Third Floor of Building "F" of the government complex.
Please arrange to be present at this meeting and to respond to
inquiries by Board members.
If you require any further information or assistance, please
do not hesitate to contact this office.
,.' Z- . . ! ,
~Coun/t/f Manager
W~D/Bp
cc: County Attorney
Community Development Services Division
E~CHOLTZ
& SCHOLTZ
Bu,l~,n§ and Remo(~ehng
General Contractors
CGC 055850
D~cember 4, 1996
I~. W. 'Neil Dorfill, Counb' Manager
Collier County Courthouse Complex
330l Tamiami Trail N
Naples, Florida 34112
Dear Mr. Domll
!
,
i
· ,,~ ,~., ;'. ..
Th~s ~s a requesl to be placed on the Board's agenda in thc Public Petmon section at the
earliesl possible date
I will be requesting the Board ,.,.ai~.e the sewer im~c! for a home I am building, at 4485
Loname Avenue Lot 9. Block B. Coconut Creek. Unit 3
Ahhoueh the home I am buildm.e is technicall5 inside the Water-Se'~,,er D~stricl sen, ~ce
are~. the Wastexvater Department Director has informed me that sev, er se~'~ce to this
home is h~uhlx unl~kelv
In fact. the Waste,,,.aler D~rector. T~m Clemmons. will be requesting the Board. m the
near future, m a planned re,,ision to lhe sewer ~mpact fee ordinance, to formall5 idenlif.',
sexeral se~'~ce areas within the D~strict boundaries lhal 'will probabl.x ne,.er receive
sea, er sen,'ice and therefore should be exempted from pa.~ ment of the sex,,er impact fee
Tom Scholu
!
i
291 Crc;ess Way West · Naples FL 33942 · Phone (941) 597.7072 · Fax (941) 5c~7.49.~
County of Collier
BOARD OF COUNTY COMMISSIONERS
OFFICIAL RECEIPT
V/hen Validated
COLLIER COUNTy
I3~PT OF REVENUE
NOV 2 2
PAID
EXECUTIVE SUMMARY
PETITION AV 96-029 TO VACATE A 15-FOOT UTILITY EASEMENT LOCATED ON A PARCEL
OF LAND LYING IN SECTION 6, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AS RECORDED IN
OFFICIAL RECORD BOOK 1407, PAGES 634-635, INCLUSIVE, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA.
QBJECTIVE: To approve the Petition AV 96-029 to vacate and extinguish a 15-foot utility
easement, to clear a title cloud.
CONSIDERATIONS: Petition AV 96-029 was received by the Transportation Department from
William J. and Josephine M. Tremblay, owners, requesting a vacation and extinguishment of a 15-
foot utility easement located on Lot 20, Block F of the Plat of Foxfire Unit 3 as recorded in Plat
Book 13, Page 102, and as shown on the attached maps. The easement was created by a grant of
easement recorded December 8, 1988 from Foxfire Community Association of Collier County, Inc.
to the Collier County Water-sewer District. The petitioners discovered the easement after
construction of their home and paid to relocate the sanitary sewer force main to be able to obtain a
Certificate of Occupancy. The petitioners desire to clear the title cloud caused by their home being
over the now unneeded easement. Letters of No Objection have been received from Collier
County Public Works and all pertinent utility companies. The Transportation Services Department
has reviewed the petition and has no objection. Zoning is PUD.
FISCAL IMPACT: None at this time.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners approve the Quitclaim Deed for
Petition AV 96-029 to vacate the above-described utility easement, authorize the execution of the
Quitclaim Deed for the vacation and extinguishment of same by its Chairman, and direct the Clerk
to record Quitclaim Deed in the Public Records.
Russell D: Muller, Engineer I
G. F. Archibald, P.E., Transportation Director
Raymond W. Miller, P.E., Acting Public Works Administrator
RDM/GFA/mkJ101095/ES AV 96-029 doc
Attachment(s)
QUITCLAIM DEED
This QUITCLAIM DEED made this day of ~, 19 ~,
by Collier County Water-Sewer District, a body corporate and politic with the
Board of County Commissioners of Collier County, Florida as the Ex-Officio
Governing Board, GRANTOR, and William J. Tremblay and Josephine M.
Tremblay, whose post office address is 765 Kings Way, N;.~ples, Florida 34104,
their successors and assigns, GRANTEE.
WITNESSETH:
That the GRANTOR, for and in consideration of Petition AV 96-029 and
the sum of Ten Dollars ($10.00) and other valuable consideration to it in hand
paid by the GRANTEE, receipt of which is hereby acknowledged, hereby
remises, releases, and quitclaims unto GRANTEE forever, all right, title, interest,
claim, and demand which the said GRANTOR has in that certain portion of a
utility easement interest in, of, and about the following described lands being
located in Collier County, Florida, to wit: The Utility Easement as recorded in
Official Record Book 1407, Pages 634 and 635, inclusive, and further described
See Attached Exhibit "A" which is incorporated
by reference herein.
IN WITNESS WHEREOF, the GRANTOR has caused these presents to
be executed in its name by the BOARD OF COUNTY COMMISSIONERS acting
by the Chairman or Vice Chairman of said Board, the day and year aforesaid.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
, Chairman
R DM/~rr¥'l 1129~,'Trernbiay Oui~ clo¢
18~3) 774-f:,4G0 ____,
OR: 2143 ?Go 1125
Agent:.
Address: Telephone:_
City/State:~~_ :~
Location of Subject Property:
Looat :Zs ion_ ___. Township __S2Z/ Range
Legal Desc~iption: , c _
Official Record Book ~ Page(~) ~
Reason for Reguest:~~ r - ~
Current Zoning: ' ' = Does this affec=
density? ~
I Hereby Authorize Agent Above to Represent ~{e for this
Petition:
Yes No ~/
Sig~_Peti~icne[ (~Fher) Date
(Title)
Please see "Policy and Procedure of Vacation an8 Annulment" for
the list of supportive materials ~hich must accompany this
petition, and deliver or mail to:
Transportation Services
Collier County Government Complex
Naples, FL 33962
Telephone: (94~) 774-8494
*(1) If applicant is a land trust, indicate the name of
beneficiaries.
(~) If applican~ is a corporation other than a public
corporation, indicate the name of officers and major
stockholders.
(3) If applicant is a partnership, limfte~ partnership or
other business entity, indicate the name of principals.
(4) List all other owners.
Page 4 of 4
¢2)
~:~ ~ ~' 2 0
LE~L DESCRIP710~ '
LO~ ~ ~OC~ t. tOxrl~g g~'lr 3
~;,,,crr ~,.,' Or
~OC~ r
UNIr ~
¸58
C£RTlFiC A'HON
P *SC ~[r[~ TO RE~aSr SiDE rO~ CE~E~L ~GTCS k ~B~q[~T~O~S
FINSTaD. surveyor ~n transit, on to ,,,.~,,~~s_~,, [ I '~ .-
F.LA. SURVEYS CORP. LB 6569 ,=~=o ~m,,~ et,o ~ 1 ~i 7
DATE:
TO:
FROM:
SUBJECT:
August 15, 1996
Russ Muller, Transportation
C~nd~'M.~ Public ~orks Senior Engineering Technician
Vacation of CUE in Foxfire;
The Collier County Water-Sewer District has a Collier County
Utility Easement (CUE) that needs to be vacated.
This CUE is described as being located in Lot 20, Block "F",
Unit 3, Foxfire subdivision. The original purpose of the CUE was
to accommodate a sewer force main. However, due to the
construction of a home on Lot 20, the wastewater department had
to relocate and abandon the sewer force main.
As per our previous conversations regarding the procedure of
vacating a Collier County Utility Easement (CUE), please find the
following items attached:
1. Copy of the Petition (Attachment C).
2. Copy of recorded CUE (OR Book 1407, Page 634-5).
3. copy of Letter of "No objection" from FPL.
4. Copy of Letter of "No Objection" from Sprint/United
Telephone.
5. Copy of Letter of "No objection" from Continental
Cablevision.
Please advise if additional information is required. If
additional information is not required, please advise so we can
get Tom Conrecode's signature on the original petition prior to
going to the BCC.
Thanks for your assistance. I can be reached at 732-2571.
cc: Edward N. Finn, Public Works Operations Director
Tim Clemons, Wastewater Director
P. 0. Bo, 41)01't. Naples. FL
C.:... '~:'.
......
August 6, 1996
Cindy M. Erb
Public Works Senior Engineering Technician
3301 East Tamiami Trail
Naples, Florida 34112
Re:
Request to Vacate the Collier County Utility Easement
in Foxf'u'e, Unit 3, Block F, Lot 20.
Dear Ms. Erb:
F'PL has reviewed your request for a letter of "No Objection" for the vacation of the Collier
Cour. ty Utility Easement, as described in your correspondence dated July 24, 1996.
The approval for the vacation has been granted. Please be cognizant that any future
development activity will not conflict with, alter, damage or reduce safety clearances to any
existing electric facilities.
Should you have any questions or concerns regarding this matter, please contact me at ( 941 )
434-1281.
Sincer~_ly,
S.W. Tynski
Distribution Designer
Naples Operatiorg / FPL
Sprint
United Telephone. Florida
2477
Naple.t rqot~la ~
3t~lO6-2h77
August 7, 1996
Ils Cindy M. Erg
Collier County Government/Public Works Division
3301 E. Tamiami Trail
Naples, Florida 34112
Re:
Petition to Vacate - Utility Easement
Southerly 15' Lot 20 Block F Foxfire Unit 3
Section 6 Township 50S
Range 26E County Collier
Dear Ms Erb:
Sprint/United Telephone-Florida has no objection to your
petition to vacate the easement described above.
If we can be of any further assistance, please contact me
at (941) 263-6223.
Sincerely,
Associate Engineer
MWC/ns
cc: Easement File
Continental
Cablevision'
P,O. Box 413018 · 301 T~er Rood
Naples, FL 33941.3018
Phone: {941} 793-9600 · Fax (941) 793-1317
July 30, 1996
Cindy M. Erb
Collier County Government
Public Works Division
3301 E.Tamiami Trail
Naples, FL 34112
RE:
Proposed vacation of a 15 foot Public Utility easement located
along the southerly 15 feet of Lot 20, Block F, Foxfire Unit 3
Section 6, Township 50 South, Range 26 East,
Collier County, Florida
Dear Ms. Erb:
Continental Cablevision of Southwest Florida has no objection with the vacation
of the above referenced utility easement.
Sincerely,
Director of Engineering and Construction
NMM/jdr
Granu~ S.S. No.: 031-26-11515
Oran~e S.S. No,: 017-32.f~0~[
CORPORATE WAJ~.ANTY DEF. D made t~ ~1_ d~ of ~, 1~5. by Foff~
~ of ~ ~, ~., ~ ~ o~ ~ h I~ Ft~i Way, N~Io.
~ ~ ~ *~r'). m ~ ]. ~ ~ ]~ M.
~e, ~e ~ ~ ~ h 765 ~ W~, N~, ~ 33~2, ~r
'O~'):
Wl'TNE.~ETH: Th~ ee Ch'~tor, for and in comider~oa of ~,e ama of Tm Doll~ts a~d o',ho'
vahal:~e comkio~om, rec~x wb=eof h hcrd~ at. lm~la/i~t, hereby ~ams, ba4,a/ns, aelh, ~liens.
Lot 20, Block F, Foxt~, Un~.Th.~ a subd~s~n acc~dt~ mplat in Pht Book
Pt~ 10l. of the Public ~ of Collier County, Flofl~a.
THIS IS NON-HOME.~'TEAD PROPERTY
This ~ is subject to ri:al es~e taxes for d~ currcn~ ~r~ ~ years; wn/ng ~d ur~
tuiziaiom imposed by ~-trnmmval smhorlty; r~strictions azd eascm=~ ccm"~mon to ~b~ subdivision;
ouuta~ oil, ~ and mln,-rd ~ of rt~ord, if any.
TOGETHER, wit. b ,,q the ~, bem:~mncnn and mppuncnm=ces tbcr~o btlongi.~ or ~
TO HAVE AND TO HOLD, t~ stme in fee simple forever.
AND the Crrz~or hereby covemn~ wi~ said Crraa~ th~ t, be Oramor is lawfully seized of taJd
had in fee simple; th~ the Graraor has Iood fight ~ Lawt'uI authori~ to ach and convey r,~id hnd, aad
ba~n7 .,.,,--,- thc t~le m raid I~d ~xi will defeod the same qainst the hwful claims of dl pcr~om
~ by, through or under the said Ort~or.
IN W1TNF, SS WHEREOF. ~he raid Gr-auor h~ executed these pr~cnts on the day ~xi year first
above
Sign~, smlod and delivered
~n ~ prcscnc~:
Wiu'~ss N~a-~: /~.-,-, t'~c
'win~ Name: ,././-,,/~.~-'
FOXFIRE COMMUNITY ASSOCIATION OF
COLL/H~R COUNTY. INC.
/ o /
(SEAL) ' ~'~'
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EXECUTIVE SUMMARY
RECOMMENDATION OF SPEED LIMIT CHANGES TO THE ROADWAYS AS LISTED
BELOW IN CONFORMANCE WITH BOARD ACTION ON 8/6/96 AND RESOLUTION 96-
340 ALLOWING RESIDENTIAL ROADWAY SPEED LIMIT REDUCTIONS TO TWENTY FIVE
MILES PER HOUR (25 MPH).
ROADWAYS AFFECTED:
Naples Park Subdivision excluding 111th Ave. N.
VanderbIlt Dr between 111th Ave. N and Vanderb|lt
Beach Rd including all roadways to the west off
Vanderbilt Dr.
Henderson Creek Park
Inomah Subdivision
OBJECTIVE: Notification to the Board of Commissioners of the recommended
Speed Limit change from 30 MPH to 25 MPH on the above listed roadways.
CONSIDERATIONS: In conformance with direction from the Board of
Commissioners, this Department has analyzed roac~way conditions on the
referenced roadways In accordance with the evaluation per Attachments
Numbered 1. Based on the findings of this Department, It has been determined
that lowering the speed limit to 25 MPH will be in conformance with Resolution 96-
340 and in the best interests of the residents living on these roadways.
FISCAL IMPACT: Approximately 40 speed limit signs will be changed at a cost of
$4.00 each plus labor. These changes are completed during routine work within
the area, and labor costs are minimal. Money is currently budgeted in the Traffic
Operations Budget; Fund 101.163630.
GROWTH MANAGEMENT IMPACT: N/A
RECOMMENDATIONS: That the Board of Commissioners accept this notification
and direct this Department to implement signing changes per Resolution 96-340.
PREPARED ' NANCY F--~-~-~,~RiNG TECHNICiAN
G. F. ARCHIBALD, P.E., TRANSPORTATION DIRECTOR
RAY,h~DN'D W. NHLLER, P.E.. ACTING PUBL1C WORKS AD.~IlNISTRATOR
I
SUBJECT:
ROADWAY:
AI'I'ACHMENT NO. 1
TRANSPORTATION SERVICES DEPARTMENT
TRAFFIC OPERATIONS SECTION
ROADWAY ANALYSIS FOR SPEED REDUCTION
Roadway Inspection for the purposes of evaluation requirements for local
road speed reduction from 30 mph to 25 mph per resolution 96-340.
Naples Park Subdivision with the EXCEPTION of 111~ Ave N
Vanderbllt Dr (CR 901) between 111t~ Ave. N and Vanderbllt Beach Rd
(CR 862).
All Roadways off Vanderbllt Dr located to the WEST of Vanderl~llt Dr.
EVALUATION DATES: 12/16/96
EVALUATION FACTORS:
1. Local Residential Street
2. Road Width (less than 24 Ft)
3. Right-Of-Way Cross-Section (Set Backs)
4. Sidewalks or Bike Facilities
5. Road Length (Longer than ~/~ mile)
6. Sight Distance (250 Ft)
7. Special Geometrics
8. Existing Traffic Volume
9. Traffic Characteristics (Thru Movements/
Cut-Thru Movements)
10. Pedestrian/Bike Activity
11. Existing Signing and Markings
Additional Findings and Recommendations:
ANALYSIS
(Yes/No/comments)
Yes
Yes
Approx. 30' from Center ~ine of Rd.,
Some close to School, none at other
locations
Ye$_1 mile approx.
Yes
Multi-drives, no curbs,
500- 1,000 per 24 hrs.
Yes
Yes
30 MPH
Date Scheduled for BCC Agenda:
Date of BCC Approval:
Date of S.O. Notification:
Date of Installation:
ATTACHMENT NO. I
TRANSPORTATION SERVICES DEPARTMENT
TRAFFIC OPERATIONS SECTION
ROADWAY ANALYSIS FOR SPEED REDUCTION
SUBJECT:
Roadway Inspection for the purposes of evaluation requirements for
local road speed reduction from 30 mph to 25 mph per resolution 96-
340.
ROADWAY: Henderson Creek Park
EVALUATION DATES: 12/12/96
EVALUATION FACTORS:
1. Local Residential Street
2. Road Width (less than 24 Ft)
3. Right-of-way Cross. Section (Set Backs}
4. Sidewalks or Bike Facilities
5. Road Length (Longer than s/~ mile)
6. Sight Distance (250 Ft)
7. Special Geometrics
8. Existing Traffic Volume
9. Traffic Characteristics (Thru Movements/
Cut-Thru Movements)
10. Pedestrian/Bike Activity
11. Existing Signing and Markings
Additional Findlngs and Recommendations:
ANALYSIS
(Yes/No/Comments)
Yes
A_P_L3rox. 30' from the Centerline
No
Yes
Yes
Multi Dr Children No Curbin
Minor
NO
Yes
30 MPH
Date Scheduled for BCC Agenda:
Date of BCC Approval:
Date of S.O. Notification:
Date of Installation:
ATTACHMENT NO. 1
TRANSPORTATION SERVICES DEPARTMENT
TRAFFIC OPERATIONS SECTION
ROADWAY ANALYSIS FOR SPEED REDUCTION
SUBJECT:
Roadway inspection for the purposes of evaluatlon requirements for
local road speed re~luction from 30 mph to 25 mph per resolution 96-
340.
ROADWAY:
Inomah Subdivision
Federlck St, Monroe Ave., Washington Ave., Je~erson Ave., Jackson
Ave., Spruce St., Pine St.
EVALUATION DATES: 12/12/96
FACTORS;
1. Local Residential Street
2. Road Width (less than 24 Ft)
3. Right-of-way Cross-Section (Set Backs)
4. Sidewalks or Bike Facilities
5. Road Length (Longer than 3/~ mile)
6. Sight Distance (250 Ft)
7. Special Geometrics
8. Existing Traffic Volume
9. Traffic Characteristics (Thru Movements/
Cut-Thru Movements)
10. Pedestrian/Bike Activin/
11. Existing Signing and Markings
Additional Findings and Recommendations:
(Yes/No/Comments!
Yes
A_~_p__~. 30' from._CCenterline
No
No
Yes
Narrow Pa~Curbs
30-35 Peak hour
Some Cut Thru
Yes
__~osted 30 MPH
Date
Scheduled
for BCC Agenda: ~/~ ~._~~__
Date of BCC Approval:
Date of S.O. Notification:
Date of Installation:
F MMARY
RECOMMENDATION TO ACCEPT EASEMENT FOR INSTALLATION OF
WATER METER
~.Q~: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier
County Water-Sewer District of Collier County, Florida, accept the easement for installation of water meter
and authorize the recordation of said documents.
~: The Public Works Division is replacing an underground water meter with an above
ground meter for the purpose of regular maintenance and to assure accuracy in consumption readings. A
backflow device will be installed on this larger meter due to legislation that enforces the protection of
contamination of water v, Sthin the distribution system.
The legal document has been reviewed by the Count), Attorney and is legally sufficient for acceptance by the
Board.
FISCAL IMPACT: The easement was donated to the Count)', sun'ey costs were borne by the County and
recording fees are applicable. Recordation fees are budgeted in 408-2101 I0.
IOWTH M.__~ANAGEMENT IMPACT: None.
RECOMM_ENDATION: That the Board of Count)' Commissioners, Ex-Officio the Governing Board of the
Collier Count)' Water-Sewer District of Collier County, Florida, accept the easement and authorize recordation
of document.
· \ ·
PREPARED BY:
Ann Marie Saylor~s. Adjfiinistrative Assistant
REVIEWED BY: M._..-" ~
Lois Nichols, Real Property Specialist II
APPROVED BY:
Ray Miller, Interim PuNic Works DMsion
5/'2/? ?
Attachment/Consent Agenda
UTILITY EASEMENT
THIS UTILITY EASEL~,ENT granted tbs q.,. da'- o' -,, ,, ~. --
INDUSTRIES, INC.. a Florida corporation.. $ ~ aM:or. Io COLLIER COUNTY. a P:,~t~ca: subd,'wsion
a- G~- · ' ~, ]~..f.. by KREHLING
of the State of Florida. whose maihng address is 33~,I Tam,am, Trail East. NaDIes. Flon=a 34112. its
successors and assigns, as Grantee
(Wherever used herein the terms 'Grantor" and 'Grantee' include a!l the part,es Io this
instrumenl and their respective heirs, legal representa!Jves, successors. &nC assigns.)
WITNESSETH:
Grantor, for and ~n cons~derahon of TEN DOLLARS ($10.00) and Other valuable consideration
Pa~d by Ihe Grantee. the receipt and sufficiency of which ~s hereby acknowledged, here~y conveys.
grants, bargains and sells unto the Grantee. a pe~etual, e~clusive easement, hcemse, a'~3 pr, vdege
for utility end maintenance purposes, on the fo:low~ng Oescnbed lands Iota:ed m Co'h,~- County.
Florida, to wit;
See attached Exhibit A' which is incorporated here~n by reference
Subject Io easements, restrictions, and reservahons of record
THIS IS NOT HOMESTEAD PROPERTY
TO HAVE AND TO HOLD lhe same unto the Grantee. togethe, with the right to e~ter upon
sa~d land, place, excavate, and take materials fo, the Pu,pose of construcbn; o~e'at,ng, and
maintaining utihty facilities thereon. Grantor an~ Grantee are used for sm.~u~ar cr p!u,at, as the
Context requires.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and
year first above written.
WITNESSES:
(P/mt Name)
Krehhn~ Industries. Inc.. a Florida
corporation
BY: / ~
1425 E. Wiggins Pass Road
Naples, FL 34110
STATE OF FLOR'fDA
COUNTY OF ~
The foregoing Utility Easement was acknow'e,~ned bo",r~, -
1996. byHENRY XREH~',NG as ~'RESID~'N- ' '~ ,77'~.~ me ~h~s gT~ day c
~denh~cahon. ~ .... ~ ...... ' ~ ~r w~o nas prc~uce~
De* ; ~ ~g'5~'34' C,
~ummarv
Recommendation To Award Bid # 96-2608 For Sprinkler Parts & Related Items.
OBJECTIVE: That the Board of County Commissioners Ex- Officio the Governing
Board of the Collier County Water- Sewer District award Bid # 96-2608 for Sprinkler
Pans & Related Items.
Considerations:
1. The Wastewater and Water Departments maintain extensive sprinkler systems at the
various Treatment Facilities and throughout the Wastewater Collection System,
which require replacement parts on an as needed basis.
2. There are also various other Departments throughout the County that utilize this bid.
Invitations to bid were sent to twenty three (23) prospective vendors and was posted
on November 6, 1996. Bids were opened on December 4, 1996 with six (6) bidders
responding.
Staffhas reviewed the bids and due to the minimal difference bem'een three (3) of the
bidders, it is recommended this bid be awarded to the three (3) lowest vendors, Coast
Pump, Hyatt Sprinkler Supplies and Pump & Irrigation Supply. This would also
provide more convenient purchasing locations for the various Departments through
out the County.
Fiscal Impact.' The fiscal impact associated with this item is estimated to be S25,000.00,
however actual expenses will be determined by the extent ofrepairs needed.
Growth Manag.~ment Im~ None
Recommendations: That the Board of County Commissioners Ex-Officio the
Governing Board of the Collier County Water-Sewer District award Bid # 96-2608 to
Coast Pump, Hyatt Sprinkler Supplies and Pump & Irrigation Supply.
PREP.~LED BY:
REVIEWED BY:
David Chronister, Collection System Supervisor
Timothy L~, Wastewater Director -. ~
REVIEWED BY:
REVIEWED BY:
~~e/etor
lie Works Administrator
Consent Agenda
01/21/97
~ULATION FOR BID//96-2608
)rinkler Parts & Rclaled Items"
INVITATIONS SENT TO: 23 Vendors
POSTING DATE: November 6. 1996
OPENING DATE: December 4, 1996
Percentage offered Be!ow Retail for the
following categories:
Toro Parts
Finings
Whole Goods
PVC
Do you carry Toro sprinkler parts
in stock?
Do you carry the most common
sprinkler pans & related items
in stock?
Is retail Price Evaluation Sheet
completed & at~ached?
Prompt Payment Terms:
yes ./'no v'" yes__no ~'"yes~no
yes v/no v/"ycs~no ""/'yes__no ,x/yes__no
ves._~___no __~'es~no ~ )'es~no ~//yes__no
/ % /D_.days ~o,~, ~days ~____.% /° days ~e/o ~da)'s
Net _..~0._~days Net ..~'~ days Net Jd _days Net .~ . days
Addenda Acknowledged:
__YES reNO mYES reNO __YES __NO __YES
WITNESS:
~c~chnician
"No Bids" received
TABULATION FOR BID #96-2608
POSTING DATE: November 6, 1996
"Sprinkler Parts & Related Items"
INVITATIONS SENT TO: 23 Vendors OPENING DATE: December 4, 1996
...... ..... · .......
Percentage offered Below Retail for the
following categories:
Toro Pa,'ts
Fittings
Whole Goods
PVC
Do you carry Toro sprinkler par~s
in stock?
Do you carry the most common
sprinkler part~ & related items
in stock?
Is retail Price Evaluation Sheet
completed & a~ched?
Prompt Payment Terms:
_~.~o % / o % % %
u t'~7 % / d % % %
~//yes___no ~"/_ye s~no ~_yes~no ~)'es~no
/yes no x,/yes~no yes no )'cs no
,/"yes__no i,/X. yes~no ~ves~no .______yes__no
% .days ~__% .._~_~ days ~% ~days % ~days
Net ..~d days Net ~0 days Net~days Net.~ days
Addenda Acknowledged:
__YES ___NO YES __NO __YES __NO __YES
WITNESS:
Clake Oss, Purchasing Technician
"No Bids" received from:
EXECUTIVE SUMMARY
REIMBURSE MEMBERS OF THE MARCO
RENOURISIIMENT ADVISORY COMMITTEE FOR
INCURRED IN PERFORMANCE OF TItEIR DUTIES.
ISLAND BEACll
EXPENSES TO BE
( .3./
OBJECTIVE: To obtain authorization for reimbursement to two members of the Marco
Island Beach Renoufishment Advisory Committee for expenses reasonably incurred during
attendance at the National Conference on Beach Preservation Technology to be held
January 22-24, 1997, in St. Petersburg, Florida.
CONSIDERATIONS: The Marco Island Beach Renourishment Advisory Committee
was created by Ordinance No. 86-91. Section Six ofsaid Ordinance provides that
members of the Committee shall be entitled to receive reimbursement for expenses
reasonably incurred in the performance of their duties upon prior approval of the Board of
County Commissioners.
At their regularly scheduled meeting on January 8, 1997, the Marco Island Beach
Renourishment Advisory Committee recommended that such reimbursement be authorized
to sponsor the attendance of two members at the National Conference on Beach
Preservation Technology to be held January 22-24, 1997 in St. Petersburg, Florida.
The conference is designed to provide current information relative to beach preservation
research, technology and project results. This information is considered essential to
current and future management of the Marco Island Beach Restoration program and as
such, ;eimbursement for participation in same is considered to be consistent with the
provisions in Section Six of Ordinance No. 86-91.
The staff' has reviewed this request and is recommending approval based upon the
following estimated costs to be incurred:
Registration Fee $ 550.00
Accommodations 352.00
Meals 96.00
Mileage 232.00
Misc. (Tolls, Parking, etc.) J 0.00
$1,240.00
FISCAL IMPACT:
Cost:
Fund:
Cost Center:
$1,240.00; to be obligated in the budget for FY 96/97.
(159) Marco Island Beach Renourishment.
( 112591) Marco Island Beach Renourishment.
Sufficient funds are included in the budget for this purpose.
Executive Summary
Office of Capital Projects Management
Page 2
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners authorize
reimbursement to two (2) members of the Marco Island Beach Renourishment Advisory
Committee for reasonable expenses estimated to be incurred during attendance at the
National Conference on Beach Preservation Technology to be held January 22-24, 1997,
in St. Petersburg, Florida.
PREPARED BY:
REVIEWED BY:
REVIEWED BY:
H~rold E. Huber, Project Manager III
Office of' Capital Projects Management
"'~ ///1t ~ ~
/ '~/~/.~/, ~,,',/
Adolfo A. Gonz'alez, P.E., Director
Office of Capital Projects Management
Raymond W. Miller, P.E., Interim Administrator
· Public Works Division
cc: Marco Island Beach Renourishment Advisory Committee
pag ¢x.,,umhehmibr ac
Date: /' "' .' ],J
,/
Date: t.~, :/.;;
Date: //// :'.//' '?
EXE(?I?TIVE SU.~IMA RY
APPROVE BUDGET AMENDMENTS RECOGNIZING CARRY FORWARD AMOUNTS
FROM FY 1996 WATER & ~A'ASTEWATER CAPITAL PROJECTS IN FUNDS 411,412.413.
&414
OBJECTIVE: To obtain BCC approval of budget amendrnents that ,,,,'ill allow unexpended thnds
budgeted tbr Water & \Vastewater projects to be carried forward and re-appropriated in the FY 1997
budget.
CONSIDERATIONS: Funds ,,,,'ere appropriated in FY 1996 lbr muhiple Water & Wastewater projects.
Staffwas unable to encumber all the appropriated funds belbre the end of the fiscal year. These lhnds are
still required to complete the approved projects.
FISCAL IMPACT; These unencumbered funds were anticipated tbr earn' tbrward in the preparation of
the FY 1997 Water & Wastewater budget.
f.'! ,", \ 7 ) I 'I? (). II.:(' 13' I?I':.~'I':R 17.,7¢ l ? ) l: 4 I.
,~k.,, 35.000 S S 357.524
4ll
S
· 412 S 135.682 S 948.467 SI.084.149
413 $ 0 $ 292.379 S 292.369
414 $ (20.141) $ 100.707 $ 80.566
Additional Funding Requested:
Water
Project 70019 - Deep \\'ell Injection $398 - OCPM Fees
Project 70049 - LMngston Road Water Main - fi 18.900 - New design contract
Project 70123 - Vanderbih Drive Relocate \Vater Main - S12.500 - OCPM Fees. Amendment to contract
Project 70126 - Raw Water Surge Protection - S500 - OCPM Fees
Project 70855 - 12" \Vater Main Radio Road - S39,500 - Reimbursement to Road Fund (313) tbr work
completed on water and funded out of Fund 313.
Wastewater.
Project 73002 - LMngston Road MSTU Force Main - $57,800 - New design contract
Project 7303 ] - NCX,~,%VTP Expansion - $46,083 - Amendment to the design contract
Project 73034 - Rattlesnake Hammock FM - $70,000 - Change order to the construction contract
Project 73123 - Vanderbilt Drive Relocate Main - $12,500 - OCPM fees. Amendment to contract
Project 739]7 - NCRB,~VTP Expansion - $30,000 - Unforeseen Change Order work
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATIONS: That the BCC approve/authorize the necessary budget amendments to carry
forward FY 1996 unexpended funds into FY 1997 for Funds 411,412, 413, & 414.
Pa~,e ~
APPROVE BL'DGET AMENDMENTS FUND-Il 1.412.413 & 41-i
PREPARED BY: ~~~ DATE:
Sharon Ne,,~ rnan. Accounting Technician
Office of Capital Projects Management
17"., / ,~,,fl
REVIEWED BY: ~~~.__ DATE:
Adolfo A Go~alez, P.E.;'Dir<tor
Office of Capital Projects Management
Raymond W. Miller. P.E. Interim Administrator
Public Works Division
CC~
Edv.'ard N. Finn. Operations Ma'nager. Public Works Administration
Michael R. Nevi'man. Water Director
Tint Clemons. \Vastev, ater Director
Karl Boyer. Senior Project Manager OCPM
CARRY FORWARD
FUND: £'OI.I.IER COUNTY WATER DISTRI('I' WAIER CAPITAl. PROJECFS (4121
PROJECT DESCTIPTION
FORECAST BUDGET
FY')6 FY96
PRJ AMENDED ACTUAL I?gCREASE
,~ DESCRIPTION FORECAST EXP/ENC IDECREASE!
7o,u2 N Rcg WTP
7,uo5 \Valcr .Master Plan
7nul I
71,112 T¢lcmcl~ Waler
7i,)13 Ra'llc Rcl~atc 8" WM
7OOl 7 Water Plant hnprox cmcnls
70019 Dccp Well Injection
7~,~2~ ~or Comrol
7u,22 Chlor Enclosure 3 pits
7u,23 RWTP R¢paris
71,~25 Goodland WM
71x~3, NCWTP ~m~p Slation FM
7u,31 SCRWTP Chlorine Storage
71~,33 Wal¢r Suslcm Mapping
7H~34 Ri~ i¢ra Colom
7.,36 Maintcn:mcc Bldg
7ou37 Rcl~ab Walls II & 16
7,u3~ NCRWTP HVAC L'pgradcs
7I)1139 Livingston Rd WM
7,,41 V:mdcrbih Bch Rd
7u,42 P~g D~x cncr
7~,~43 Carhon Lakcs
7.o47 Rcl~al¢ 2u'/12~ WM
7..51 NCRX~WP Chlonnc R~m Monorail
7,122 Bonna Bch Rd W~r lmprov
7,123 X'anderbih Drixe Release WM
7nl24 Water Dist.
7o126 Rmx Walcr Surge Prol
7o824 SR 951 I,' WM
7o~28 GG Wdlfidd
7o~55 12' X~I Radio Rd
70858 36" WM CR 951
7,S59 WTP Ex~nsion ~sign
7,862 16" WM US41~lanatce
7o863 Tclcmct~' RW
7~1870 Emergent' Slan~ Pm~er
7~49 LMngsmn Road
7~5o Chlorine hgeclion
7.g6f~ Acquifcr Storage
7,866 Glades Tank Corn crsion
7ff875 Vandcrbilt Drixe
763100 hnprm cmenls General
764210 Communications Equipment
764900 Dam Pr~essing Equip
764990 Other Machine~
44.31 .X 135.(,X2
2X2.242 t542
144.61,~ 139.6x4 4.916
4 II
425.769
317.2.n 292.352
2.773.5n, 2.775.398
1..5i~, 315
30.')(,I 19.367
14.7691
I¢).1X5
11.533
613.1., 6¢,L7X9 12.311
I 1.51,1 12.X76 ¢ 1.37(,I
I (,7.71,~ 16,x.8l~ I
379,.(,~ 334.692
25 J,,) 2 I.X 15
512,11.o 467. x47
4j,,) 3.21)5
129.o,() 124.9x7
231L21)() 14.56,
12.~u()
7~ L492
13.
3.266
2.2.()
32.9(x)
155.o~)
164.956
6.3~)
If~'~.3 lc)
262.7c~)
22.StK) t, 1.57-1.
2.(~n) I.SXl/
I.()54.txn~
3.2(~) .~,~,
13.4(n)
43.7(H)
45.o(x)
IOO.OO()
3.000
(I.II)1
44.3nX
3.1X5
44.153
796
4..13
215.64.
5.5v5
2.1.5
15. I.X
1.74~
f I ~. 7'~5~
117~:~
1.:2:
.3
Transfer Fund 41 I
Indirect Cost Reimbursement
Clerks R¢cordm'.4 Fees
Cop? lng Charges
Postage
TOTAL EXPENDITURES
REVENUE
Impact Fees
Transfer from 14~t~l
]lltCrcst. %hsc
CARRY FORWARD tENCI
Cart>. Fomard (Encl
Rc~ ¢ml0 Rc~c
TOTAL REVENUE
REVENUE LESS EXPENSES [ 12.3174u~
LESS FY97 BUDGETED CARRY FORWARD
t
13.655.952 1,33,'4.552
12.344.3(to
[..\DDITION-'d. CARRY FORWARD FUND 412 I.;I 1.652 I
ENter,tn c Summaries Processed for thc follm~ ing Projccls:
70031 SCWTP Chlorine Enclosure
44.3nS
l[~5%._[1AINING FUNDS '[O CARRY FORWARD
1.2t,7.14J, ]
Adjustmcnls b.~ Finance I I/I 4,'96
JADDITIONAL CARRY FORWARD BALANCE
( I,~3. I')f,)
I.IhN4. 149 J
ADDITIONAL C-\RRY FORWARD
FUND 411 \rATER IMPACT FEES
PROJECT DESCRIPTION
F ~1'9¢, F ~'
AMENDED ACTUAL IXCREASE
FORECAST EXP, EXC IDECREASE~
1.300,000 1,195,799 104,201
27,500 27.500
01
1,327,500 !.223,299 104,201
REVENUES
$) Hen1 D¢~ ¢lopmcnl Fcc
Inlcrest/Misc
Cam Fomnrd
2,600.000 2.600.000
90,000 343.323 253.323
3,003.000 3.003.000
0
5.693.000 5.946.323 253.323
REVENUE LESS EXPENSES [ 4.365,500
LESS FY97 BUDGETED CARRY FORWARD I
~L CARRY FORWARD FUND 411
4,723,024
4.365,500
357.524
357,524]
Addmonal (.';~rQ Fom;,rd
FL'XD 414 (.'OU×TY SEWER CAPITAL PROJECTS
PROJE('T DESCRIPTION
7~ )O8
73o12
73~115
73n16
73nl9
73n23
73n25
73n26
73n31
73o32
73n33
73o34
73t)35
73t)36
73u38
73O4o
73O41
73o42
73()4,~
73O52
73122
73123
73124
739(X)
73908
739O9
73916
73921
73922
73924
73925
73928
73934
74OO6
74OO7
74t)()8
74011
74()12
l.l~ m£,;Ion Rd .',.ISTU FM
.MPS 3 I 7 & 16" Force Main
LS 16A Rchab
R:Iisc .M;t,holc Bm, cs
Collections Shop
Digestion N(.'R\VWTP
OCAC
Ri', icra Colort.',
North Cnt.~ Collccl S.', stem
NCRWWTP Expa,sion lo 12.5-15 MGD
\~,'astcx~ atcr S.', stem .Mapping
Proc R~dge Road FM/Airporl - 175
Rattlesnake Hammock
SCRWWTP htjectior| Well
\V:)stc.atcr Master Plan
Lix mgston Road Force .Main
Roxal Cme Sexxcr
Carlton Lakes
KOtlllll~. Kampin
Itl,, Cnlo~ Computers
Relocation REcal \V.\I & FM U$41 North
MP$ Pump Stations
Bonita Beach Road
\'a,dcrbilt Drkc Rclocat Main
Vandcrbih Bch FM
E&S Regional WXV Trcatmcnl Plant
8" FM CR951
12" FM CR95 I
SCRXVWTF hnprovcrnents
12~ FM US 41
\\'astcxxater Collection T¢1¢ntetry
Pump Statiorl I.O2
Pump Station I.O4
24" & 16" FM Airport Rd
.MP$ It I
CR951 REt \VM
Lakeuood Reclaimed \Valor Conversion
Reclaim WM Quail Creek
South Regional Reclaimed W'tr Slog Ponds
Lix ingston Road Reclaimed ~,\,"M
I:Y 96 F",")6
AMENDED ACTUAL INCREASE
FORECAST. ENP,'ENC tDECREA.C,E..)
11.4o0 I
76.3¢)0 43.957 32.343
7.4U() 6.669 73 I
516.5t)¢) 516.5t)() .
5 )t)() 458.968
II)ll.I){ff) It i t ( f
I. 165.4nO I. ] 7o.797 (5.397)
4t)().()()() 315.913 84.()87
776.3oo 762.3s3 13.')17
25 (()() 21.815 3.1~5
23n.()(,) 2;5.~ )5 (5.3o5
112.3oo 1()1.4()6 lu.894
3.513 13.513)
347.()()u 316.241 3o.759
13.5oo 8.127 5.374
21 l.ln() 146.~q 64.7(5
34.537 (34.537)
24.8H8
I()().~) )n 3n.936 69J)64
3.00o 2.9o4 96
3( o 0()() 288.694 I 1.3o6
5nl.5o() 5Ul.42()
38.2n~} 38.217 (17)
222.()(1() 2(~8.882 13.1
22.(,)O 22.636 (636)
7.00O 6.533 465
39o.6t)(} 37O.574 2O.O26
6.5()0.000 6.4112.596 97.404
(351 351
144.0of) 141.371 2.629
1(19.8(~1 I06.848 2.953
75.000 69.759 5.241
(2.370) 2.37O
524.n()o 330.282 (6.282
4n. O0O 29.477 1~).523
184.000 181.116 2.8S4
621 (621)
5.450.(}00 5.430.509 19.491
I0.000 3.066 6.934
74o13
74n14
74o15
74124
REVENUE
73o34
Proc Ridge Road FM/Airporl - 175
Carllon Lakes Effiucn!
Misc Em.¢nt $> stem
Vandcrbill Beach ~g%l
Indirect Cost Rcimburscmcnl
Other Contractual Sx s
Communications Equipnlent
Other Machinc~'
Rcsc~ cs
Tom1
Transfers 4o8
Loan Proceeds
Inlcrcsl/Misc
Cart> Fomard
Revenue Reserve
To[al
5o.(.)o 41.619 8.3Xl
- 53.16¢) t53.16t})
344.o0o 77.952 266.o48
317.6oo 288.054 29.546
113.3oo 113.3oo
91~ 1918)1
53.31)11 47.54o 5.760
3.11110 ~.l)OO
19.555.3(10 19.153.53~' 4ol.765
5.53~LlOO 5.53o. loo
6OO.O(1(} 913.941 313.94 I
14.582.5oo 14.582.5no .
2n.712.6,,I 21.o26.541 313.941
REVENUE LESS EXPENSES [ 1.
I
LESS FY97 BUDGETED CARRY FORWARD
1.873.t)()6 I
I. 157.30o
715 71 6
IADDITIONALCARRY FORWARD FUND 414
715.7{)6
Excculivc Su,mnarics Processed for the Follox~ing Projects:
Rattlesnake Hammock Sc~cr Lines
1().91()
IREM..-XlNING FUNDS TO CARRY FORWARD 704.7')(, ]
ADJUSTMENTS BY FINANCE 11/14/96 1624.23o)
[ADDITIONAL CARRY FORWARD BALANCE S¢).566 I
It,
ADDITIONAL CARRY FORWARD BAI.ANCE
FUND 413 SERVER IMPACT FEES
73o35
73917
74ot)g
REVENUE
SCRWWTp Injection Well
NCRWWTP £xpansion
Reclaimed WM Quail Creek
Other Comraclual Sen'ices
Rcse n es
Total
S.~ stem D¢,,elopmem Fcc
h~tercsl/Misc
Carr?,. Fomard
Rex enu¢ Rcsen'c
FY ,)6
AMENDED ACTUAL INC'REASE
~ EXP/ENC LDEC'REASEJ
2.743.4¢,) 2.746.37n
3.(,cJn.ot,t 3.731.233 1131.2331
32 ~ Iff)il 329.69n
27 5 ,} 27.51,1
6 69ff.gt~o 6.834.793 ( 143.8931
4.000,00(}
I S I.nl~ 679.073 498.n73
5.523J On 5.523.onn
9.Tn4J.~o In.2n2.u73
REVENUE LESS EXPENSES [ 3.ol3.1c}u
LESS FY97 BUDGETED CARRY FORWARD
3.367.28o J
3J 13.1uo
354.18t~
JADDITIONAL CARRY FORWARD FUND 413 354.18n ]
ADJUSTMENTS BY FINANCE 11/14/96 (61.St)l)
[ADDITIONAL CARRY FORWARD BALANCE _)_.. 7~ I
EXECUTIVE SUMMARY
RECOMMENDATION TIIAT TItE BOARD OF COLLIER COUNTY
COMMISSIONERS AMEND TIlE AGREEMENT DATED JUNE 1, 1994
BETWEEN THE COLLIER COUNTY VETERANS COUNCIL, INC. AND THE
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS TO PROVIDE
FOR TRANSPORTATION NEEDS OF COLLIER COUNTY VETERANS AND
TIIEIR DEPENDENTS BEYOND FEBRUARY 1, 1997,
OBJECTIVE: To continue an on-going, volunteer program to transport Collier County
veterans to Veterans Medical Facilities, primarily for those unable to transport themselves.
CONSIDERATIONS: Collier County has a veteran population in excess of 25,000.
Many require medical attention primarily at Bay Pines Hospital, Saint Petersburg, VA
Outpatient Clinic, Fort Myers, VA Hospital, Miami and VA Hospital, Tampa. A large
portion of this population is unable to accommodate the distance and require assistance.
In addition, transportation is provided to a large percentage of the retired military
population to MacDill AFB, Tampa. Transportation is required to obtain medical
treatment and to facilitate renewal of military identification cards.
The entire program is staffed by a volunteer administrative staff and drivers. In the three
years the program has been in existence, approximately 170,000 accident free miles have
been driven, in excess of II,000 volunteer hours have been provided and 2,946
individuals have been provided with transportation. The program has been extremely cost
effective with $12.22 being the average cost per client transported.
GROWTH MANAGEMENT IMPACT: None
FISCAL IMPACT: $12,000 per year for three years from the General Fund.
RECOMMENDATION TIIAT THE BOARD OF COLLIER COUNTY
COMMISSIONERS, approve the Amendment to Agreement with the Collier County
Veterans Council, Inc. to ex!q:nd t~he terms of the agreement until February 1, 2000.
Prepared by: t,,,... '~ c~
Lew Schulz, Veterans Services Director
Reviewed by.'~x ~. _~ u'~- -~1.
Thomas W. Olliff, Pub ~l/~Services Administrator
AMENDMENT TO AGREEMENT
This Amcnd:nent to the Agreement dated June 1, 1994 (hereinafter referred to as the
"Agreement") between Collier County Veterans Council, Inc, (the "Veterans Council") and the
Collier County Board of County Commissioners (the "County") is entered into this21 s t day of
January, 1997.
WITNESSETH:
WHEREAS, on June I, 1994 the Veterans Council entered into an agreement with the
County;
WHEREAS, the Agreement provided for transportation needs of veterans and their
dependents.
WHEREAS, under said Agreement, the County supports the Veterans Transportation
Sen'ice Program with a Ford Motor Company test vehicle, as well as a parking space and a
S1,000 per month operating budget; and
WHEREAS, the term of the Agreement is from June 1, 1994 to February I, 1997; and
WHEREAS, the County and the Veterans Council desire to continue the Veterans
Transportation Program beyond February I, 1997.
NOW, THEREFORE, in consideration of the mutual promises, benefits and obligations,
the Agreement is hereby amended as follows:
I. Section 2 c. is hereby amended to read as follows:
c. The Veterans Council shall maintain vehicle records and documents as
reasonably directed by the County pursuant to any Ford Motor Company Fleet
Test Equipment Loan Agreement between Ford Motor Company and the County,
(including the Ford Motor Company Fleet Test Equipment Loan Agreement dated
May 24, 1994 and any amendments thereto).
2. Section 3 a. of the Agreement is hereby amended to read as follows:
a. The County shall accept, asa bailment, any vehicle provided by Fold'
Motor Company pursuant to any Ford Motor Company Fleet Test Equipment
Loan Agre,2ment (including any amendments thereto), betv.'een Ford Motor
COlllp:lny al~d Collier County.
3. Section 4 of the Agreement is hereby amended to read as follows:
The term ofthis Agreement is extended from February l, 1997 to FebruaD' 1,2000.
Excep~ as hereby amended, all of the terms and conditions of the Agreement betv.'een the
County and the Veterans Council dated June 1, 1994 remain in full force and effect.
IN WITNESS ',,','HEREOF, the parties, through their duly authorized representatives,
hereby execute this Amendment to Agreement on the daF' and year first above written.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLOR/DA
By:
TIMOTHY L. HANCOCK
CHAIRMAN
\Vimesses:
Signature
Typed or printed name
COLLIER COUNI ~.' VETERANS
COUNCIL, INC.
By: ~
Ma~hene~, President ,,// ~'
Collier County Veterans /
Council, Inc. '.
Signature
Typed or printed name
Approved as to form and legal sufficiency
Ramiro .Mafialich, Esq.
Assistant County Attorney
EXECUTIVE SUMMARY
RECOMMENDATION TO ACCEPT RENT REVENUES FROM COLLIER COUNTY
IIOUSING AUTIIORITY TO BE USED TO PAY OVERTIME SALARIES.
QBJ'ECTIVE: To accept rent revenues from the Collier County Housing Authority to be used to
pay overtime salaries.
~ONSI'DERATION: The Cooperative Extension Service building (Agriculture Center) in the center
of the county lends itself to certain civic activities.
FISCAL IMPACT: The Collier County Housing Authority is providing money to keep the facility
open past regular working hours and on the week end.
RECOMMENDATION: That the Board of' County Commissioners accept revenues from the
Collier County Housing Authority to support the cost of' extended hours required for Housing
Authority activity and approve the associated budget amendment.
PREPARED BY:
Demse L. Blanton, County Extension D~rector
DATE: I/9/97
REVIEWED B~ervices Administrator
DATE:~
EXECUTIVE SUMMARY
REQUEST BOARD APPROVAL FOR UTILIZATION OF MONIES IN FUND 188 FOR
SPECIFIC OPERATIONAL COSTS OF THE 800 M~z SYSTEM.
OBJECTIVE: To seek Board approval for utilization of monies in
Fund 188 for specific operational costs of the 8C0 MHz system.
CONSIDERATION: Pursuant to Florida Statute 316.655, County
Ordinance 93-65 authorized the collection of a $12.50 surcharge on
all moving traffic violations. The monies collected are deposited
in a special revenue account, Fund 188 The Intergovernmental Radio
Communications Program(IRCP). Fund 188 monies must be utilized for
a county wide 800 MHz radio system. Ordinance 93-65 requires
approval from the Board of County Commissioners prior to "any
commitment to encumber and/or spend any such funds."
The 800 MHz system is now operational. Certain reoccurring
operational costs were not addressed in Executive Su~aries
submitted to the Board when radio tower lease agreements were
approved. As a result, the Finance Department has determined that
additicnat Board action is now required. It is appropriate that
certain reoccurring costs associated with operation and management
of the 800 MHz system, which the Board has previously agreed to
fund, be paid for from fund 188. These costs include:
· Tower lease payments as approved by prior Board action
· Telephone Line Costs
· Electric service for tower sites
· Fuel for emergency generators at each site
· Periodic maintenance on site components not covered by warranty
The Radio Communications Manager will prepare a budget for Fund
188 expenses each fiscal year for Board review. Any expenses not
identified above will require separate Board approval. Utilization
of monies from the "800 MHz IRCP" will reduce the level of ad
valorem dollars utilized for the 800 MHz system.
FISCAL IMPACT: The total appropriation for Fund 188 in FY 97 is
currently $ 5~,4~. This Executive Summary does not modify the
appropriation.
RECOI~NDATION: That the Board of County Commissioners approve the
utilization of monies in the "800 MHz IRCP" fund for specific
operational costs of the 800 MHz system as identified in this
Executive Summary. Utilization of monies from the "800 MHz IRCP"
fund for expenses not identified will require separate Board
approval.
PI~EPAI~ED BY: ~
.-~hShn 2.~ Daly, Communications Manager
William Coakley, ~l'nformation Technology Director
APPROVED BY:
Leo Ochs, Sup:t Services Administrator
JAN 2 1 1997
EXECUTIVE SUMMARY
RECOMMENDATION THAT THE BOARD OF COMMISSIONERS APPROVE THE
ATTACHED GROUP HEALTH INSURANCE SUMMARY PLAN DOCUMENT.
OBJEC, TIVE: To seek approval ofthe attached Summary Plan Document for health
insurance benefits.
N IDERATI N : In November, 1996, the Board approved First Health, Inc. as its
new group health insurance claims adjusting company with an effective date of January 1,
1997. First Health utilizes electronic claims processing methods which require that the
plan document be in a specific format. As a result, the County's health insurance
Summary Plan Document has been revised to facilitate this process.
The reformatting of this document has resulted in only minor changes to its substance.
Most of these changes have been made for purposes of clarification and are not expected
to result in increased cost to the plan. However, a few ofthese changes affect the
payment ofbenefits under the plan. The cost ofthese changes are expected to be
negligible. These changes are:
1)
Expenditures for each individual family member deductible will apply toward the total
family deductible. Previously three individual deductibles had to be met before the
family deductible was considered to have been met.
2)
A change in the prescription drug benefit from a flat $50 deductible with co-payments
of 80% for brand and 100% for generic to a co-payment arrangement of $5 for generic
and $10 for brand, with no deductible applied.
3) The allowance for immunizations, including flu shots, to apply toward the wellness
benefit. This will allow these immunizations to be covered.
Once approved, employees will be provided with a new health plan booklet.
.GROWTH MANAGEMENT IMPAC. J.~ None.
FISCAL IMPACT: None.
RECOMMENDATION: It is recommended that the Board of Commissioners approve
the attached group health Summary Plan Document with an effective date of January 1,
! 997.
PREPARED B Y: "?~J.'--~/~ ~'.x%'' DATE: /Jeff Walker, ARM, Risk Management Director
REVIEWED BY: _'(~. DATE:
Leo E. Ochs, Jr., Support Ser/,ices Administrator
,
" A~..v ~OA l~£g '
No.
JAN 2 1 1997
Pi). /
COLLIER COUNTY GOVERNMENT
GROUP BENEFIT PLAN
JANUARY 1, 1997
JAN 2 1 1DDT
SCHEDULE OF MEDICAL BENEFITS
Annual Deductibles:
High Option:
Medium Optlou:
Low Option:
$ 200 Individual
$ 600 Family
$ 300 Individual
$ 900 Family
$ 500 Individual
$1,500 Family
Annual Out-Of-Pocket Maximums:
(Excludes Deductible)
High Option:
Medium Option:
Low Option:
$I,000 Individual
$2,000 Family
$1Z00 Individual
$3,000 Family
$2,000 Individual
$4,000 Family
Lifetime Benefit Maximum:
('Includes All Other Maximums)
$I,000,000 Individual
The following schedule summarizes co-payment amoun~ paid by the plan, benefit maximums and additional
explanation needed for your benefits. The plan's co-payment for hospital expenses will be reduced to 50% if.~ou
do not follow the procedures outlined In the Health Care Management section of thls plan. Please refer to the text
for additional plan provisions which may affect your benefits.
Benefit Description Annual PPO Plan Non-PPO
Deductible Pays Plan Pays
Additional Limitations And
Explanations
Home Health Care YES 100% 100%
Routine Physicals NO 100% 100%
Inpatient Hospital Services YES
80% 80%
Inpatient Surgery YES 80% 80%
Emergency Room Services YES
80% 80%
Limited to I00 visits per year.
5250 individual annual maximum.
For participants age 17 and over.
Benefit~ include ~'necological
and mammograms, limited to I
baseline mammogram for covered
females age 35-39, 1 mammogram
every 2 years for covered females age
4049 and 1 mammogram per year
for covered females age 50 and over.
The plan's co-payment for hospital
expenses will be reduced to 50% if
you do not follow the procedures
required by the health care
management program. This penalv:'
does not apply to the out-of-pocket
maximum.
The plan's co-payment for hospital
expenses will be reduced to 50% if
you do not follow the procedures
required by the health care
management program. This penal~'
does not apply to the out-of-pocket
maximum.
You must pay the first SlO0 per visit
for non-emergency se~'ices. Thi
pay will be waived if you are adz
to the hospi~
Benefit Description
Annual
Deductible
PPO Plan
Pays
Non-PPO
Plan Pays
Additional Limitations And
Explanations
Skilled Nursing Facility
Home Hospice
Oral Surger~'/Treatment Of
TMJ
Human Organ And Tissue
Transplants
Chiropractic Sen'ices
tcupuncture Se~'ices
Well-Child Checkups
Inpatient blental/Ner','ous
And Substance Abuse
Treatment
YES
YES
YES
YES
YES
YES
NO
YES
80%
80%
80%
80%
80%
80%
80%
80%
80%
80%
80%
80%
80%
80%
80%
80%
Limited to 90 days per )'ear.
55,000 individual lifetime maximum.
$1,500 individual lifetime maximum.
Benefits include surgical and non-
surgical treatment of TMJ. Your co-
payment does not apply to the out-of-
pocket maximum.
S10,000 individual donor expense
maximum per transplant. SI0,000
individual travel, lodging and meals
maximum per transplant. S200
individual per day lodging and meals
maximum per day.
$1,000 individual annual maximum.
530 individual per visit maximum.
Your co-payment does not apply to
the out-of-pocket maximum.
SI,000 individual annual maximum.
Your co.payment does not apply to
the out-of-pocket maximum.
For covered dependents up to age 16.
Benefits include vaccinations,
inoculations and immunizations.
$25,000 inpatient/outpatient
individual lifetime maximum.
$10,000 inpatient/outpatient
individual annual maximum. Benefits
include treatment of or related to
eating disorders. The plan's co-
payment for hospital expenses ns'ill be
reduced to 50% ifyou do not follow
the procedures required by the health
care management program. This
penalty and your co-payment do not
apply to the out-of-pocket maximum.
JAN 2 1 1997
Benefit Description
Annual
Deductible
PPO Plan
Pays
Non-PPO
Plan Pays
Additional Limitations And
Explanations
Outpatient MentalINe~'ous
And Substance Abuse
Treatment
Prescription Drugs
blailorder Prescription
Drugs
All Other Covered Medical
Expenses
YES
80%
YES 80%
80%
80%
S25,000 inpatient/outpatient
individual lifetime maximum.
$10,000 inpatient/outpatient
individual annual maximum. Benefits
include treatment of or related to
eating disorders. Your co-payment
do not apply to the out-of-pocket
maximum.
Benefits are provided by ALTA Rx.
You must pay the first S5 for each
generic prescription or refill and the
first SI0 for each brand-name
prescription or refill.
Benefits are provided by ALTA FLx.
You must pay the first S5 for each
generic prescription or refill and the
first $I0 for each brand-name
prescription or refill.
Benefits are provided for expenses
listed in the Covered Medical
Expenses section of this plan.
Health Care Management toll-free number: (800) 782-4957
NOTE: The word lifetime refers to the period of time you or your eligible dependents participate in this plan
or any other plan sponsored by Collier County Board of County Commissioners.
INTRODUCTION
ELIGIBILITY AND PARTICIPATION ........................... i .................. 1
Who Is Eligible .................................
Who Pa) s For ~ our Benefits ................................................
Enrollment Requirements .....................................
Late Enrollments .......................................
When Coverage Begins .........................................................
Pre Existing Conditions ..................................................... 3
Vv hen Coverage Ends ................................................................
e 4
S ecial Situations, Extension Of Coverag ....................................
P ........ 5
Reinstatement Of Coverage .....................................................
M 6
HEALTH CARE MANAGEMENT PROGRA ................................ 6
What Is Health Care Management ..............................................
Required Admission Review .......................................................
Reduced Benefits For Failure To Follow Required Review
Procedures ........................................................ 6
Special Care Case Management ......................................................
PREFERRED PROVIDER ORGANIZATION (PPO) ....................... 9
What Is A PPO .................................................................................. 9
Who Is Your PPO ............................................................................. 9
About Your PPO ............................................................................... 9
MEDICAL BENEFITS ......................................................................... 10
About Your Medical Benefits ........................................................ 10
Deductibles ...................................................................................... lll1
Co-Payments ...................................................................................
Out-Of-Pocket Maximums .............................................................
Benefit Maximums ............................................................................
Covered Medical Expenses ............................................................ 1~3n
Medical Expenses Not Covered .....................................................
pRESCRIPTION DRUG PLAN .......................................................... 24
About Your Prescription Drug Benefit ......................................... 24
Prescription Drug Co-Payments ................................................... 24
MAIL SERVICE pRESCRIPTION DRUG PROGRAM ................. 25
COORDINATION OF BENEFITS ..................................................... 27
Gcncral Provisions .......................................................................... 2~
Government Programs .....................................................................
Automobile Insurance .................................................................... 27
Other Group Plans Parents ............................... 28
Children Of Divorced Or Separated
Right To Make Payments To Other Organizations .................... 28
OTHER ISEPORTANT PLAN PROVISIONS ................................... 30
Assignment Of Benefits ...................................... ~ ...... ;".'"Y"'~'~".'_"3~0n
Snecial Election For Employees And Spouses Age O~ ^na
l~eimbursement To The Plan ......................................................... 30
Subroeation ............................................. 31
Recovery Of Excess Paymen ..................................................
Rieht To Receive And Release Necessary Information ...............
AIt°ernate Payee Provision ..............................................................
FILING A CLAIM ................................................................................ 34
How To Appeal A Denial Of Benefits ........................................... 35
OPTIONAL CONTINUATION OF COVERAGE ............................ 37
Continuation Of Coverage Under Federal Law .......................... 37
Notification Requirement ............................................................... 3~8o
Maximum Period Of Continuation Coverage ..............................
Cost Of Continuation Coverage .................................................... 3~9~
When Continuation Coverage Ends ..............................................
DEFINITIONS ...................................................................................... 41
INFO~TION ........................................................... 53
GENqSRAL ' ' '
Collier County Government has prepared this document to help you
understand your benefits. Please read it carefully. Your benefits are
affected by certain limitations and conditions which require you to be a
wise consumer of health services and to use only those services you
need. Also, benefits are not provided for certain kinds of treatments or
services, even if your t~ealth care provider recommends them.
This document is written in simple, easy-to-understand language.
Technical terms are printed in italics and defined in the Definitions
section.
As used in this document, the word year refers to the benefit year which
is the 12-month period beginning January I and ending December 31.
All annual benefit maximums and deductibles accumulate during the
benefit year. The word lifetime as used in this document refers to the
period of time you or your eligible dependents participate in this plan or
any other plan sponsored by Collier County Board of County
Commissioners.
Any amount you or your eligible dependents have accumulated toward
the benefit maximum amounts of any previous Collier County
Government plan will be counted toward the benefit maximum amounts
of this plan. In addition, any time accumulated toward satisfaction of a
waiting period or pre.existing condition limitation under the previous
plan will be counted toward satisfaction of' the waiting period or pre-
existing condition limitation of this plan.
Benefits described in this document are effective January 1, 1997.
Who I~ Eligible
You are eligible to participate in this plan if you are a regular, full.time
employee of Collier County Government for at least 60 consecutive days
and are regularly scheduled to work a minimum of 30 hours per week.
You are also eligible to participate in this plan if you are a qualifying
retiree of Collier County Government. Qualifying retirees must be meet
the requirements of Florida Statute 112.0801. Eligibility for Medicaid
or the receipt of Medicaid benefits will not be taken into account in
determining eligibility.
Your eligible dependents may also participate. Eligible dependents
include: your lawful spouse as defined by applicable state law; natural
children; stepchildren; children who, before reaching the age of 18, are
either adopted by you or placed in >,our home for adoption; dependent
grandchildren from birth up to I $ months of age if the mother or father
of the newborn is an eligible dependent; children for whom you are legal
guardian; and foster children. A dependent child must be unmarried and
rely on you for primary support and maintenance. Dependent children
remain eligible until age 25.
You may not particlpate in this plan as an employee and as a dependent,
and your dependents may not participate in this plan as a dependent of
more than one employee.
If your emt~loyer determines that your separated or divorced spouse or
any state child support or Medicaid agency has obtained a legal qualified
medical child support order (QMCSO), and your current plan offers
dependent coverage, you will be required to provide coverage for any
child(ren) named in the QMC$O. If a QMC$O requires that you
provide health coverage for your child(ren) and you do not enroll the
child(ten), your emt~loyer must enroll the child(ten) upon application
from your separated/divorced spouse, the state child support agency or
Medicaid agency and withhold from your pay your share of the cost of
such coverage. You may not drop coverage for the child(ten) unless you
submit written evidence to your em£1oyer that the child support order is
no longer in effect. The plan may make benefit payments for the
child(ren) covered by a QMCSO directly to the custodial parent or legal
guardian of such child(ren).
Who Pays For Your Benefits
If you are an active employee, Collier County Government shares the
cost of providing benefits for you and your dependents.
If you are a retiree or are covered under COBRA, you are responsible for
paying the entire cost of providing benefits for yourself and )'our
dependents.
Enrollment Requirements
You must enroll within 30 days of ),our eligibility date. If you also
desire dependent coverage, you must enroll ),our eligible dependents at
this time. If you do not have any eligible dependents at the time of
initial enrollment, but acquire eligible dependents at a later date, you
must enroll the dependent(s) within :31 days of the date you acquire
them. You may be required to obtain and provide your employer with a
Social Security number for each covered dependent.
Your newborn child is automatically covered at birth for 31 days. For
coverage to continue beyond 31 days, you must notify your employer of
the birth and pay any required contribution. If notification and
contribution are not made, coverage will terminate at the end of 31 days
following your child's birth. Your claim for maternity expenses is not
considered as notification to your employer for coverage to continue
beyond 31 days.
If you have a qualifying change in your family status, you may change
your enrollment decision within :31 days of the change in family status.
A qualifying change in family status includes marriage, divorce, death of
spouse or child, birth or adoption of a child, termination of spouse's
employment, commencement of spouse's employment, a change from
part-time to full-time or full-time to part-time status for you or your
spouse, an unpaid leave of absence taken by you or your spouse or a
significant change in health coverage for you or your spouse due to ),our
spouse's employment.
La~e Enrollments
If you or your dependents are not enrolled within 30 days of the date you
become eligible, you will be required, at your own expense, to provide
satisfactory evidence of good health for yourself and each eligible
dependent before being allowed to participate in this plan. For late
2
enrollment, coverage begins on the first day of the month following the
date the requirements are satisfied.
When Coverage Begins
If you are a full-time em loyee, when the enrollment requirements are
. . P .,__ e.... aa,, of the month following 60
met, your coverage begins on tn; sn:,,. ,., ;
consecutive days of active employment. However, your coverage does
not begin unless you are actively at work.
If you are a qualifying retiree, when the enrollment requirements are
met, your coverage begins on the first day of the month following )'our
retirement.
Coverage for your dependents begins the latest of when your coverage
begins, the first day of the month following the date ),our dependent,
other than a newborn, is released from the hospital or the first da.',' a
dependent is legally acquired, if properly enrolled.
Pre-Existing Conditions
A pre.existing condition is any illness or injury for which diagnosis,
consultation or treatment (including prescribed drugs or medicines) has
been received during the 12 months before the effective date of
coverage.
If you or your dependents have a pre-existing condition, benefits for
related expenses will not be considered if they are incurred before 6
consecutive months from your effective date of coverage during which
no treatment for the pre-existing condition is received or 12 consecutive
months of participation in this plan.
If, while you are eligible for coverage under this plan, you or 5'our
dependent adopt a child or a child is placed with you or your dependent
for adoption and the child is otherwise eligible for coverage under this
plan, the child may be enrolled as a dependent without regard to any pre-
existing condition.
Any time accumulated toward satisfaction of the pre-existing condition
limitation under the previous Collier County Government plan will be
counted toward the satisfaction of the pre-existing condition limitation
of this plan.
I JAN 2 1 1997 I
re0. //
When Coverage Ends
If you are an active employee, your coverage ends the earliest of the end
of the month in which your employment with Collier County
Government ends, the date contributions cease or the end of the month
in which you are no longer eligible to participate in this plan.
If you are a retiree, your coverage ends the date contributions cease.
Coverage for your dependents ends the earliest of the date )'our coverage
ends, the end of thc month in which a dependent no longer meets the
eligibility requirements or the date contributions cease.
Special Situations, Extension Of Coverage
icall or mentally handicapped on the date
If a dependent chi)d is.phys..Z child's eligibility will be extended, for
coverage ~ould otherwise e., . e handicap continues and the
as long as you are covered by th~s plan, th
child continues to qualify for coverage in all aspects other than age. The
plan may require you at any time to obtain a physician's statement
certif)'ing the physical or mental handicap.
Coverage continued under the following provision is in addition to
coverage continued under Optional Continuation of Coverage
(COBRA):
If you qualify for an approved family or medical leave of absence
(as defined in the Family Medical Leave Act of 1993), eligibility
may continue for the duration of the leave if you pay any required
contributions toward the cost of the coverage. Your employer has the
responsibility to provide you with prior written notice of the terms
and conditions under which payment must be made. Failure to make
payment within 30 days of the due date established by your
employer will result in the termination of coverage. Subject to
certain exceptions, if you fail to return to work after the leave of
absence, your employer has the right to recover from you any
contributions toward the cost of coverage made on your behalf
during the leave, as outlined in the FMLA.
Coverage continued under the following provision runs concurrently
with coverage continued under Optional Continuation of Coverage
(COBRA):
If you were covered under this plan immediately prior to being
called to active duty by any of the armed forces of the United States
of America, coverage may continue for up to 18 months or the
period of uniformed service leave, whichever is shortest, if you pay
any required contributions toward the cost of the coverage during
the leave. If the leave is less than 30 days, the contribution rate will
be the same as for active employees. If the leave is longer than 30
days, the required contribution will not exceed 102°7o of the cost of
coverage.
Reinstatement Of Coverage
If coverage is terminated for failure to make payments while you are on
an approved family or medical leave of absence (as defined in the
Family Medical Leave Act of 1993), coverage for you and your eligible
dependents will be automatically reinstated, without providing evidence
of good health, on the date you return to active emp/oyment if you and
your dependents arc otherwise eligible under the plan. Thc pre-existing
condition limitation and any waiting periods will not apply. However,
all accumulated annual and lifetime maximums will apply.
Whether or not you elect continuation coverage under the Uniformed
Services Employment and Reemployment Rights Act, coverage will be
reinstated, without providing evidence of good health, on the first day
you return to active employment with Collier County Government if you
are released under honorable conditions and you return to employment:
on the first full business day following completion of your military
service for a leave of 30 days or less; within 14 days of completing your
military service for a leave of 31 to 180 days; or within 90 days of
completing your military service for a leave of more than 150 days (a
reasonable amount of travel time or recovery time for an illness or injury
determined by the VA to be service connected will be allowed). When
coverage under this plan is reinstated, all provisions and limitations of
this plan will apply to the extent that they would have applied if you had
not taken military leave and your coverage had been continuous under
this plan. The eligibility waiting period will be waived and the pre-
existing condition limitation will be credited as if you had been
continuously covered under this plan from your original effective date.
(This waiver of limitations does not provide coverage for any illness or
injury caused or aggravated by your military service, as determined by
the VA. For complete information regarding your rights under the
Uniformed Services Employment and Reemployment Rights Act,
contact your employer.)
What Is Health Care Management
Collier County Government desires to provide you and your family with
a health care benefit plan that financially protects you from significant
health care expenses and assures you of quality care. While part of
increasing health care costs results from new technolo~' and important
medical advances, another significant cause is the way health care
services are used.
Some studies indicate that a high percentage of the cost for health care
services ma>' be unnecessary. For example, hospital stays can be longer
than necessary. Some hospitalizations may be entirely avoidable, such
as, when surgery could be performed at an outpatient facility with equal
quality and safety. Also, surgery is sometimes performed when other
treatment could be more effective. All of these instances increase costs
for you and Collier County Government.
Collier County Government has contracted with a professional health
care management company to assist you in determining whether or not
proposed services are appropriate for reimbursement under the plan.
The program is not intended to diagnose or treat medical conditions,
guarantee benefits or validate eligibility. The medical professionals who
conduct the program focus their review on the appropriateness of
hospital stays and proposed surgical procedures.
Required Admission Review
You are required to call the health care management program's toll-free
number (800) 782-4957 before any elective admission to a hospital.
You must also call within 48 hours (2 working days) of any emergency
admission. When you call, it will be necessary to provide the program
with your name, the patient's name, the name of the physician and
hospital, the reason for the hospitalization and any other information
needed to complete the review.
Reduced Benefits For Failure To Follow Required Review
Procedures
When the required review procedures are followed, your benefits will be
unaffected, and you and the plan avoid expenses related to unnecessary
6
JAN 2 1,1997 I
health care. However, if you do not follow the health care management
procedures outlined above, the plan's co-payment will be reduced to
50% for all related covered hospital expenses, after any applicable
deductible.
The penalty assessed when you do not follow the procedures required by
the health care management program does not apply to your out-of-
pocket maximum.
Special Care Case Management
Special care case management is designed to help manage the care of
patients who have special or extended care illnesses or injuries.
The primary objective of special care case management is to identify
and coordinate cost-effective medical care alternatives meeting accepted
standards of medical practice. Special care case management also
monitors the care of'the patient, offers emotional support to the family,
and coordinates communications among health care providers, patients
and others.
Benefits may be modified by the plan administrator to permit a method
of treatment not expressly provided for, but not prohibited by law, rules
or public policy, if the plan administrator determines that such
modification is medically necessary and is more cost-effective than
continuing a benefit to which you or your eligible dependents may
otherwise be entitled. The plan administrator also reserves the right to
limit payment for services to those amounts which would have been
charged had the service been provided in the most cost-effective setting
in which the service could safely have been provided.
Examples of illnesses or injuries that may be appropriate for special care
case management include, but are not limited to:
· Terminal Illnesses
cancer
AIDS
· Chronic Illnesses
multiple sclerosis
renal failure
obstructive pulmonary disease
7
cardiac conditions
· Accident Victims Requiting Long-Term Rehabilitative Therapy
· Newborns with High-Risk Complications or Multiple Birlh
Defects
· Diagnosis Involving Long-Term IV Therapy
· Illnesses Not Responding to Medical Care
· Child and Adolescent Mental/b'ervous Disorders
What Is A PPO
A preferred provider organization (PPO) is a group of physicians and
hospitals contracted with your employer in an effort to reduce the effect
of rising health care costs while providing you with quality care.
Who Is Your PPO
Collier County Government has contracted with SunHealth to provide
PPO services for you and your eligible dependents.
About Your PPO
SunHealth has carefully selected the participating physicians and
hospitals. The qualifications of each health care provider have been
reviewed so that you and your dependents will be provided quality care
at a fee significantly less than is common in the geographic area in
which you live.
The final choice of health care providers is yours. Hoxvever, if you
receive services from a health care provider included in the PI'O, the
cost of the co-payment to you may decrease.
The PPO benefits are outlined on the Schedule of Medical Benefits. All
PPO and non-PPO plan maximums are combined.
9
MEDICAL BENEFITS
About Your Medical Benefits
All benefits provided under this plan must satisfy some basic conditions.
The following conditions are commonly included in health benefit plans
but are often overlooked or misunderstood.
Medical Necessity
The plan provides benefits only for covered services and supplies
that are medically necessary for the treatment of a covered illness or
injury. Also, the treatment must not be experimental/
investigational.
Usual And Customary Charges
The plan provides benefits only for covered expenses that are equal
to or less than the usual and customary charge in the geographic
area where services or supplies are provided. Any amounts that
exceed the usual and customary charge are not recognized by the
plan for any purpose.
Health Care Providers
The plan provides benefits only for covered services and supplies
rendered by a physician, practitioner, nurse, hospital or specialized
treatment facility as those terms are specifically defined in the
Definitions section.
Custodial Care
The plan does not provide benefits for services and supplies that are
furnished primarily to assist an individual in the activities of daily
living. Activities of daily living include such things as bathing,
feeding, administration of oral medicines, or other services that can
be provided by persons without the training of a health care
provider.
Benefit Year
The word year, as used in this document, refers to the benefit year
which is the 12-month period beginning January I and ending
I0
o z..--
JAN 2) 1997
Pg. /0
December 31. All annual benefit maximums and deductibles
accumulate during the benefit year.
Deductibles
A deductible is the amount of covered expenses each covered individual
must pay during each year before the plan will consider expenses for
reimbursement. The individual deductible applies separately to each
covered person. The family deductible applies collectively to ail
covered persons in the same family. When the family deductible is
satisfied, no further deductible will be applied for any covered family
member during the remainder of that year.
The annual individual and family deductible amounts are shown on the
Schedule of Medical Benefits.
Co-Payments
Co-payment percentages represent the portions of covered expenses paid
by you and by the plan after satisfaction of any applicable deductible.
These percentages apply only to covered expenses which do not exceed
usual and customary charges. You are responsible for all non-covered
expenses and any amount which exceeds the usual and customary
charge for covered expenses.
The co-payment percentages are shown on the Schedule of Medical
Benefits.
Out-Of-Pocket Maximums
An out-of-pocket maximum is the maximum amount of covered
expenses you must pay during a year, excluding the deductible, before
the co-payment percentage of the plan increases. The individual out-of-
pocket maximum applies separately to each covered person. When a
covered person reaches the annual out-of-pocket maximum, the plan will
pay 100% of additional covered expenses for that individual during the
remainder of that year.
.The family out-of-pocket maximum applies collectively to all covered
persons in the same family. When the annual family out-of-pocket
maximum is reached, the plan will pay 100% of covered expenses for
any covered family member during the remainder of that year.
11
However, expenses for services which do not apply to the out-of-pocket
maximum will never be paid at 100%.
Thc annual individual and family out-of-pocket maximum amounts arc
shown on the Schedule of Medical Benefits.
Benefit Maximums
Total plan payments for each covered person are limited to certain
maximum benefit amounts. A benefit maximum can apply to specific
benefit categories or to all benefits. A benefit maximum amount also
applies to a specific time period, such as annual or lifetime. Whenever
the word lifetime appears in this plan in reference to benefit maximums,
it refers to the period of'time you or your eligible dependents participate
in this plan or any other plan sponsored by Collier County Board of
County Commissioners.
The benefit maximums applicable to this plan are shown on the
Schedule of Medical Benefits.
12
JAN 2 11997
..o?o
Covered Medical Expenses
When all of the provisions of this plan are satisfied, the plan will provide
benefits as outlined on the Schedule of Medical Benefits for the services
and supplies listed in this section. This list is intended to give you a
general description of expenses for services and supplies covered by the
plan.
Hospital Services
· Semi-private room and board expenses.
· Private room and board expenses, only if medically necessary.
· Intensive care unit and coronary care unit charges.
· Miscellaneous hospital services and supplies required for treatment
during a hospital confinement.
Well-baby nursery, physician and initial exam expenses during the
initial hospital confinement ora newborn. Charges for the newborn
will be considered separately from the mother's expenses.
· Hospital confinement expenses for dental services if hospitalization
is necessary to safeguard the health of the patient.
· Outpatient hospital services.
If you discover an error on an inpatient confinement billing, resolve the
error and provide proof of the resolution to the plan, the plan will pay
you 50% of the amount of the excess charges found on the hospital bill,
to a maximum of $1,000.
Emergency Services
· Treatment in a hospital emergency room or other emergency care
facility for a condition that can be classified as a medical emergency.
Ground or air transportation provided by a professional ambulance
service to and from a hospital or emergency care facility which is
equipped to treat a condition that can be classified as a medical
emergency.
13
JAN 2 1 1997
· Treatment of an accident in a hospital or other emergency care
facility.
Specialized Treatment Facilities
· A skillednursingfaciliry, limited to 90 days peryear.
· A rehabilitation facility.
· An ambulatory surgical facility.
· A birthing center.
A residential treatment facility.
· A mental/nervous treatment facility.
· A substance abuse treatment facility.
· A psychiatric day treatment facility.
· A chemical dependency/substance abuse day treatment facility.
· A hospice facility.
Surgical Services
· Surgeon's expenses for the performance ora surgical procedure.
· Assistant surgeon's expenses not to exceed 20% of the usual and
customary charge of the surgical procedure.
Two or more surgical procedures performed during the same session
through the same incision, natural body orifice or operative field.
The amount eligible for consideration is the sum of usual and
customary charges for the largest amount billed for one procedure
plus 50% of the sum of usual and customary charges billed for all
other procedures performed.
Two or more surgical procedures performed during the same session
through different incisions, natural body orifices or operative fields.
The amount eligible for consideration is the sum of usual and
customary charges for each procedure performed.
14
Anesthetic services when performed by a licensed anesthesiologist
or certified registered nurse anesthetist in connection with a surgical
procedure.
Oral surgery, limited to osseous surgery and the removal of
impacted wisdom teeth.
Reconstructive surgery when needed to correct damage caused by a
birth defect resulting in the malformation or absence ora body part,
to correct damage caused by an accidental injury or for breast
reconstruction following a total or partial mastectomy.
Surgical treatment of morbid obesity.
Surgical reproductive sterilization.
Human organ and tissue transplants. Courses of treatment involving
high-dose chemotherapy and radiotherapy and autologous bone
marrow transplantation, stem cell rescue or other hematopoietic
support procedu:'es are not covered as organ and tissue transplants,
except for the following (and only then in the case of individuals
who qualify as candidates for the procedure under the health and age
standards generally accepted by the national medical professional
community): acute leukemia in remission, resistant non-Hodgkin's
lymphoma, Hodgkin's disease, neuroblastoma, Ewing's sarcoma,
multiple myeloma (after induction therapy) and non-inflammatory
stage II breast cancer with I0 or more positive nodes and negative
bone marrow. Expenses for the donor will be considered under this
plan.
Circumcision.
Outpatient surgery.
Surgical treatment oftemporomandibularjoint dysfunction (TM J).
Podiatry surgery.
Mental/Nervous And Substance Abuse Services
· Inpatient treatment of a mental/nervous disorder and/or substance
abuse.
15
·
JAN 2 I lag7
Outpatient treatment of a mental/nervous disorder ancLfor substance
abuse.
· Partial hospitalization.
· Treatment of or related to eating disorders.
Medical Sera'ices
· Physician home and office visits.
· lnpatientphysician visits.
· Secondsurgical opinions.
· 77tirdsurgical opinions.
· Pregnancy-related care for a female employee or spouse only.
· Termination of pregnancy for a female employee or spouse only,
when the life of the mother would be endangered if the fetus were
carried to term.
· Dental services received after an accidental injury to teeth. This
includes replacement of teeth and any related x-rays.
Chiropractic services.
Radiation therapy. However, there is no coverage provided for
high-dose radiotherapy in connection with autologous bone marrow
transplantation, stem cell rescue or other hematopoietlc support
procedures for any symptom, disease or condition, except the
following (and only then in the case of individuals who qualify as
candidates for the procedure under the health and age standards
generally accepted by the national medical professional
community): acute leukemia in remission, resistant non-Hodgkin's
lymphoma, Hodgkin's disease, neuroblastoma, Ewing's sarcoma,
multiple myeloma (after induction therapy) and non-inflammatory
stage II breast cancer with 10 or more positive nodes and negative
bone marrow.
Chemotherapy. However, there is no coverage provided for high-
dose chemotherapy in connection with autologous bone marrow
transplantation, stem cell rescue or other hematopoietic support
16
JAN 2 1 1997
procedures for any symptom, disease or condition, except the
following (and only then in the case of individuals who qualify as
candidates for the procedure under the health and age standards
generally accepted by the national medical professional
community): acute leukemia in remission, resistant non-Hodgkin's
lymphoma, Hodgkin's disease, neuroblastoma, Ewing's sarcoma,
multiple myeloma (after induction therapy) and non-inflammatory
stage II breast cancer with 10 or more positive nodes and negative
bone marrow.
· Treatment of or related to sleep disorders.
· Physical therapy from a qualified practitioner.
· Non-custodial services of a nurse which are not billed by a home
health care agency.
· Home health care provided by a home health care agency, limited to
I00 visits peryear.
· Home hospice.
· Speech therapy from a qualified practitioner to restore speech loss
due to an illness, injury or surgical procedure.
' Occupational therapy.
Treatment of diabetes.
· Dialysis.
· Acupuncture.
· Non-surgical treatment of morbid obesity.
· Non-surgical treatment of temporomandibular joint dysfunction
(TM J).
· Medically necessary treatment of the feet, including treatment of
metabolic or peripheral-vascular disease.
· Routine foot care.
Massage therapy or rolfing, for a medical condition, only if services
are performed by a licensed practitioner.
17
Diagnostic X-Ray And Laboratory Services
· Diagnostic charges for x-rays.
Diagnostic charges for laboratory services.
· Pre-admission testing(PAT).
· Amniocentesis.
· Ultrasounds.
· Allergy testing.
· Magnetic Resonance Imaging (MRI).
Routine And Preventative Sera'ices
PAP tests.
Mammograms, limited to I baseline mammogram for covered
females age 35-39, 1 mammogram every 2 years for covered
females age 40-49 and I mammogram per year for covered females
age 50 and over.
Physicals, including gynecological exams, for participants age 17
and over.
Well-child checkups for covered dependents up to age 16. Benefits
include vaccinations, inoculations and immunizations.
Equipment And Supplies
Durable medical equipment, including expenses related to necessary
repairs and maintenance. A statement is required from the
prescribing physician describing how long the equipment is
expected to be necessary. This statement will determine whether the
equipment will be rented or purchased. Replacement equipment will
be covered if the replacement equipment is required due to a change
in the patient's physical condition; or purchase of new equipment
will be less expensive than repair of existing equipment.
18
I JAN 1.1997
Artificial limbs and eyes and replacement of artificial limbs and
eyes if required due to a change in the patient's physical condition;
or replacement is less expensive than repair of existing equipment.
· Original titling, adjustment and placement of orthopedic braces,
casts, splints, crutches, cervical collars, head halters, traction
.apparatus or prosthetic appliances to replace lost body parts or to aid
m their function when impaired. Replacement of such devices only
will be covered if the replacement is necessary due to a change in
the patient's physical condition.
Oxygen and rental of equipment required for its use, not to exceed
the purchase price of'such equipment.
Orthotics, orthopedic or corrective shoes and other supportive
appliances for the feet.
Blood and/or plasma and the equipment for its administration.
Allergy injections.
Insulin infusion pumps.
Initial prescription contact lenses or eyeglasses, including the
examination and titling of the lenses, to replace the human lens lost
through intraocular surgery.
Wigs or artificial hairpieces, limited to I per lifetime.
Sterile surgical supplies after surgery.
Jobst garments.
19
Medical Expenses Not Covered
The plan will not provide benefits for any of the items listed in this
section, regardless of medical necessity or recommendation of a health
care prm'ider. This list is intended to give you a description of expenses
for services and supplies not covered by the plan.
· Expenses exceeding the usual and customary charge for the
geographic area in which services are rendered.
· Services rendered by anyone other than a covered health care
provider.
· Treatment not prescribed or recommended by a health care
provider.
· Services, supplies or treatment not medically necessary.
· Services or supplies for which there is no legal obligation to pay, or
expenses which would not be made, except for the availability of
benefits under this plan.
· E. rperimental/investigational equipment, services or supplies.
· Services furnished by or for the United States Government or any
other government, unless payment is legally required.
· Any condition, disability or expense sustained as a result of being
engaged in: an illegal occupation; commission or attempted
commission of an assault or other illegal act; intentional or
accidental atomic explosion or other release of nuclear energy,
whether in peacetime or wartime; participation in a civil revolution
or a riot; duty as a member of the armed forces of any state or
country; or a war or act of war which is declared or undeclared.
· Any condition or disability sustained as a result of being engaged in
an activity primarily for wage, profit or gain, and that could entitle
the covered person to a benefit under the Workers' Compensation
Act or similar legislation.
· Educational, vocational or training services and supplies.
· Expenses for preparing medical reports, itemized bills or claim
~'ol-ms.
2O
JAN 2 1 1997
· Mailing and/or shipping and handling expenses.
· Expenses for broken appointments or telephone calls.
Services or supplies furnished, paid for, or for which benefits are
provided or required by reason of past or present service of any
covered family member in the armed forces ora government.
· Travel expenses of a physician or a covered person.
· Any services received from a Health Maintenance Organization
(HMO) if the individual is a participant in the HMO.
· Intentional self-inflicted injury or illness while sane or insane.
· Sanitarium, rest orcustodialcare.
· Expenses used to satisfy plan deductibles.
· Expenses eligible for consideration under any other plan of the
employer.
Treatment or services rendered outside the United States of America
or its territories, except for an accidental injury or a medical
emergency.
· Sales tax.
· Elective hospital admissions on Friday, Saturday or Sunday.
· Personal comfort or service 'terns while confined in a hospital, such
as, but not limited to, radio, television, telephone and guest meals.
Expenses relating to or incurred in connection with autologous
hematopoietic support (e.g., autologous bone marrow transplantation
or stem cell rescue), including expenses for high-dose chemotherapy
and radiotherapy, for any symptom, disease or condition, except the
following (and only then in the case of individuals who qualify as
candidates for the procedure under the health and age standards
generally accepted by the national medical professional
community): acute leukemia in remission, resistant non-Hodgkin's
lymphoma, Hodgkin's disease, neuroblastoma, Ewing's sarcoma,
multiple myeloma (after induction therapy) and non-inflammatory
stage II breast cancer with I0 or more positive nodes and negative
bone marrow.
21
JAN 2 1 1997
Expenses for or related to the removal of breast or other prosthetic
implants that were: (I) inserted in connection with cosmetic surgery,
regardless of the reason for removal; or (2) not inserted in
connection with cosmetic surgery, the removal of which is not
currently medically necessary.
Cosmetic surgery.
Kerato-refractive eye surgery (surgery to improve nearsightedness,
farsightedness and/or astigmatism by changing the shape of the
cornea including, but not limited to, radial keratotomy and
keratomileusis surgery).
Reversal of any reproductive sterilization procedure.
Surgical impregnation procedures.
Elective abortions.
Surgical treatment for the correction of infertility.
Sex change surgery.
Penile prosthetic implants.
Expenses related to insertion or maintenance of an artificial heart.
Orthognathic surgery.
Genetic counseling.
Eye examinations for the diagnosis or treatment of a refractive error,
including the fitting of eyeglasses or lenses, orthoptics, vision
therapy or supplies.
Hearing examinations, hearing aids or related supplies.
Treatment of or related to an overdose of drug or medication.
Expenses for education, counseling, job training or care for learning
disorders or behavioral problems, whether or not services are
rendered in a facility that also provides medical and/or
mental/nervous treatment.
22
JAN 2 1 lgg7
g.._50
Treatment of behavioral or conduct disorders.
Adoption expenses.
Surrogate expenses.
Biofeedback.
Bereavement counseling.
Non-surgical treatment for the correction of infertility.
Hypnosis.
Treatment, instructions, activities or drugs (including over-the-
counter diet pills) for weight reduction or control, except for the
diagnosed condition of morbid obesity.
Infertility testing.
Genetic testing.
Prescription drugs and medicines, including oral contraceptives for
purposes other than birth control, prenatal vitamins and insulin and
insulin syringes. Benefits are provided by ALTA Rx.
Nutritional supplements and contraceptive devices, whether or not a
physician's prescription is required.
Drugs, medicines or supplies that do not require a physician's
prescription.
Occupational therapy supplies.
Equipment such as air conditioners, air purifiers, dehumidifiers,
heating pads, hot water boules, water beds, swimming pools, hot
tubs and any other clothing or equipment which could be used in the
absence of an illness or injury.
23
,o./(,,
JAN 2 1 1997
~PRE$CRIPTION DRUG pLAN
About Your Prescription Drug Benefit
The prescription drug benefit is an independent program, separate from
your regular medical plan, and administered by ALTA Rx. This
provision is included for descriptive purposes only. You must refer to
the actual provision in the literature prepared and distributed by ALTA
Rx for a complete description of covered and not covered expenses.
The ALTA Rx plan provides benefits only for drugs or medicines
prescribed by a physician or practitioner, but not to exceed a 30-day
supply or 100 unit doses, whichever is greater.
The prescription drug benefit cannot be assigned regardless of the
assignment provision in Other Important Plan Provisions.
Participating Pharmacy
The ALTA Rx plan provides benefits only for a participating
pharmacy's wholesale cost plus dispensing fee. A participating
pharmacy is a pharmacy which has entered into a prescription drug
plan agreement with ALTA Rx.
Non-Participating Pharmacy
The ALTA Rx plan provides benefits only for covered expenses that
are equal to or less than the usual and customary charge of a
participating pharmacy.
Prescription Drug Co-Payments
A prescription drug co-payment is the amount of covered expenses you
must pay for each prescription before the ALTA Rx plan will make
payments. The ALTA Rx co-payment does not accumulate toward any
other plan deductible or out-of-pocket maximum.
The co-payment amount for the ALTA Rx plan is $5 for each generic
prescription or refill and $10 for each brand-name prescription or refill.
24
JAN 2 1 1997
The mail service prescription drug program is offered when there is an
ongoing need for medication. By using thls service, you can obtain
prescribed medication required on a non.emergency, extended-use basis.
The quantity of a prescribed drug ordered through this program can be
anything up to a-day supply.
Prescription drugs obtained through this program are not subject to the
medical plan deductible. However, you are required to pay $5 for each
generic prescription or refill and $10 for each brand-name prescription
or refill. The amount you must pay for each mailorder prescription does
not accumulate toward the medical plan deductible or out-of-pocket
maximum.
Prescribed medications which are covered by your medical plan are also
covered by the mail service prescription drug program if they are
normally available at your local pharmacy. However, certain
medications cannot be supplied by mail easily (for example, drugs
requiring constant refrigeration) and are not available through this
program.
The law requires that pharmacies dispense the exact quantity prescribed
by the physician or practitioner. So if your physician or practitioner
authorizes the maximum order quantity, the prescription must be for a-
day supply for you to receive that quantity. For example, if you take one
tablet per day, your physician or practitioner must write a prescription
for tablets. If you take two tablets per day, your physician or
practitioner must write a prescription for tablets, etc. If your physician
or practitioner authorizes refills, these can be dispensed only when your
initial order is nearly exhausted, so be sure to ask your physician or
practitioner to prescribe the normal supply, plus refills whenever
appropriate.
When you order by mail, your prescription is reviewed by a pharmacist,
checked for drug interactions, dispensed and verified by quality control
before it is mailed to you.
There will be times when you need a prescription immediately. On
these occasions, you should have your prescription filled at a local
pharmacy and use your ALTA Rx card. If you need medication
immediately but will be taking it on an ongoing basis, ask your
physician or practitioner for two prescriptions. The first should be for a
14-day supply that you can have filled at a local pharmacy; the second
25
Id be for the balance, up to a-day supply. Send the
rescription shou .. - .......~ ,~* Va ue Rx mail
IP~rger prescription with your co-payment mxuu~ .... 1
service prescription drug program.
NOTE: Certain controlled substances ~nd several other prescribed
medications may b~ subject to other dispensing limitations ~nd
to the professional judgment of the ph~macist.
26
General Provision
When you and/or your dependents are covered under more than one
group health plan, the combined benefits payable by this plan and ali
other group plans will not exceed 100% of the eligible expense incurred
by ',he individual. The plan assuming primary payor status will
determine benefits first without regard to benefits provided under any
other group health plan.
When this plan is the secondary payor, it will reimburse, subject to all
plan provisions, the balance of remaining eligible expenses, not to
exceed normal plan liability if this plan had been primary.
For purposes of cOOrdination, eligible expense means any usua! and
customary charge considered in part or full by this plan.
Government Programs
ealth alan includes the government programs
The term .gro, up ..h J ~"~'^~PUS The regulations governing these
Medicare, Meaicata aha ~.t-t~,, · '
e recedence over the determination of this plan. For
programs intnak~etePrmining the benefits payable under thc plan, the plan
example,
will not take into account the fact that you or any eligible dependent(s)
are eligible for or receive benefits under a Medicaid plan.
Automobile Insurance
Benefits payable under this plan will be coordinated with benefits
provided or required by any no-fault automobile insurance statute,
whether or not a no-fault policy is in effect, and/or any other automobile
insurance.
Other Group Plans
Any group health plan which does not contain a coordination of benefits
provision will be considered primary.
When all plans covering you and/or your dependents contain a
cOOrdination of benefits provision, order of payment will be as follows:
The plan covering a person as an active employee will be primary
over a plan coveting the same person as a dependent, a retiree or a
laid-off- individual.
When a person is an active employee under more than one plan, the
plan covering the individual for ,,he longer period of time will be
considered primary.
The plan covering a person as an employee or a dependent will be
primary over the plan providing continuation coverage (COBRA).
A plan covering a person as a dependent child of' non-divorced or
non-separated parents will be primary according to which parent has
the earlier birth date (month and day) in the year. If' both parents
have the same birth date, the plan covering the child for the longer
period of time will be primary.
Children Of Divorced Or Separated Parents
When all plans covering a person as a dependent child of divorced or
separated parents contain a coordination of benefits provision, the order
of payment will be:
The plan covering the dependent child of the natural parent
designated by court order to be responsible for the child's health care
expenses will be considered primary.
In the absence of a court order specifying otherwise, the plan
covering the dependent child of the natural parent having legal
custody of the child will be considered primary.
In the absence of a court order specif'ying otherwise, the plan
covering the dependent child of a stepparent who is the spouse of the
natural parent having legal custody of the child will be considered
primary.
Right To Make Payments To Other Organiz~tlons
Whenever payments which should have been made by this plan have
been made by any other plan(s), this phm has the right to pay the other
plan(s) any amount necessary to satisfy the terms of this coordination of
benefits provision. Amounts paid will be considered benefits paid under
28
I JAN21199?!
this plan and, to the extent or' such payments, the plan will be fully
released from any liability regarding the person for whom payment was
made.
29
! JAN 21~9971
OTITER IMPORTANT PLAN PROVISIONS
Assignment Of Benefits
All FPO benefits payable by the plan are automatically assigned to the
provider of services or supplies, unless evidence of previous payment is
submitted with the claim. Ali other benefits payable by the plan may be
assigned to the provider of services or supplies at your option.
Payments made in accordance with an assignment are made in good
faith and release the plan's obligation to the extent of the payment.
Payments will also be made in accordance with any assignment of rights
required by a state Medicaid plan.
Special Election For Employees And Spouses Age 65 And Over
If you remain actively employed after reaching age 65, you or your
spouse may choose to remain covered under this plan without reduction
for Medicare benefits or designate Medicare as the primary payor of
benefits. If you choose to remain covered under this plan, this plan will
be the primary payor of benefits and Medicare will be secondary. If you
choose Medicare as primary, coverage under this plan will end. If you
do not specifically choose one of the options, this plan will continue to
be primary.
If you are under age 65 and your spouse is over age 65, he or she can
make his or her own choice.
Reimbursement To The Plan
This section applies whenever another party (including your own insurer
under an automobile or other policy) is legally responsible or agrees to
compensate you or your dependent, by settlement, verdict or otherwise,
for an illness or injury. In that case, you or your dependent (or the legal
representatives, estate or heirs of either you or your dependent), must
promptly reimburse the plan for any benefits it paid relating to that
illness or injury, up to the full amount of the compensation received
bom the other party (regardless of how that compensation may be
characterized and regardless of whether you or your dependent have
been made whole). If the plan has not yet paid benefits relating to that
illness or injury, the plan may reduce or deny future benefits on the basis
of the compensation received by you or your dependent.
3O
In order to secure the rights of the plan under this section, you or your
dependent hereby: (1) grant to the plan a first priority lien ag~.inst the
proceeds of any such settlement, verdict or other amounts received by
you or your dependent; and (2) assign to the plan any benefits you or
your dependent may have under any automobile policy or other
coverage, to the extent of the plan's claim for reimbursement.
You or your dependent must cooperate with the plan and its agents, and
must sign and dcllvcr such documents as the plan or its agents
reasonably request to protect the plan's right of reimbursement. You or
your dependent must also provide any relevant information, and take
such actions as the plan or its agents reasonably request to assist the plan
in making a full recovery of the reasonable value of the benefits
provided. You or your dependent must not take any action that
prejudices thc plan's right of reimbursement.
The reimbursement required under this provision will not be reduced to
reflect any costs or attorneys' fees incurred in obtaining compensation
unless separately agreed to, in writing, by the p/an administrator, in the
exercise of its sole discretion.
Subrogation
This section applies whenever another party (including your own insurer
under an automobile or other policy) is legally responsible or agrees to
compensate you or your dependent for your or your dependent's illness
or injury and the plan has paid benefits related to that illness or injury.
The plan is subrogated to all of the rights of you or your dependent
against any party liable for your or your dependent's illness or injury to
the extent of the reasonable value of the benefits provided to you or your
dependent under the plan. The plan may assert this right independently
of you or your dependent.
You or your dependent are obligated to cooperate with the plan and its
agents in order to protect the plan's subrogation rights. Cooperation
means providing the plan or its agents with any relevant information
requested by them, signing and delivering such documents as the plan or
its agents reasonably request to secure the plan's subrogation claim, and
obtaining the consent of the plan or its agents before releasing any party
from liability for payment of medical expenses.
31
,JAN 2 1 1997
If you or your dependent enter into litigation or senlement negotiations
regarding the obligations of' other par~ies, you or your dependent must
not prejudice, in any way, the subrogation rights of the plan under this
section.
The costs of legal representation of the plan in matters related to
subrogation will be borne solely by the plan. The costs of legal
representation of you or your dependent must be borne solely by you or
your dependent.
Recovery Of Excess payments
Whenever payments have been made in excess of the amount necessary
to satisfy the provisions of this plan, the plan has the right to recover
these excess payments from any individual (including yourselO,
insurance company or other organization to whom the excess payments
were made or to withhold payment, if necessary, on future benefits until
the overpayment is recovered.
If excess payments were made for services rendered to your
dependent(s), the plan has the right to withhold payment on )'our future
benefits until the overpayment is recovered.
Further, whenever payments have been made based on fraudulent
information provided by you, the plan will exercise its right to withhold
payment on furore benefits until the overpayment is recovered.
Right To Receive And Release Necessary Information
The plan may, without the consent of or notice to any person, release to
or obtain from any organization or person, information needed to
implement plan provisions. When you request benefits, you must
furnish all the information required to implement plan provisions.
Alternate Payee Provision
Under normal conditions, all P£O benefits are payable to the provider of'
services or supplies. All other benefits are payable to you and can only
be paid directly to another party upon signed authorization from you. If
conditions exist under which a valid release or assignment cannot be
obtained, the plan may make payment to any individual or organization
that has assumed the care or principal support for you and is equitably
JAN 2 1 1997
entitled to payment. The plan must make pa)rnents to your
separated/divorced spouse, state child support agencies or Medicaid
agencies if required by a qualified medical child support order
(C)MCSO) or state Medicaid law.
The plan may also honor benefit assignments made prior to your death
in relation to remaining benefits payable by the plan.
Any payment made by the plan in accordance with this provision will
fully release thc plan ot' its liability to you.
JAN lgg7
Pg' ~
~LING A CLAIM
Your health care provider should file claims for you. Electronically
submitted claims are processed most efficiently. Ii' unable to file
electronically, your health care provider may submit the following:
· HCFA-1500 (revision 12/90 and later) or UB-92 forms for medical
expenses;
ADA forms (revision 1990 and later) for dental expenses;
· prescription submit~l forms and vision care submittal forms.
These are the only appropriate forms for requesting plan payment. If
your health care provider is unable to file one of these forms for you,
you are responsible for completing and submitting it. These forms are
available from either your health care provider or employer. Include the
following information:
· plan participant's name, Social Security number and
address;
· patient's name, Social Security number and address if
different from the participant's;
· provider's name, tax identification number, address, degree
and signature;
· date(s) of service;
· diagnosis;
· procedure codes (describes the treatment or services
rendered);
· assignment of benefits, signed (if payment is to be made to
the provider);
· release of information statement, signed;
· explanation &benefits (EOB) information if another plan is
the primary payor.
34
JAN 1997
Po.
Claims should be submitted for each individual. Please do not ar, ach or
staple claims together. If additional information is needed to process
your claim, you or your health care provider will be notified. If you
receive a letter regarding your claim, prompt completion and return of
the letter with any requested attachments will expedite processing of the
claim.
Send complete information to:
FIRST HEALTH Strategies (TPA), Inc.
P.O. Box 8503
London, KY 40742-8503
If you have any questions regarding your claim, please call:
(800) 782-4957
All claims must be filed with the plan within 12 months bom the date of
the expense.
How To Appeal A Denial Of Benefits
If you believe a claim was improperly settled, the following process is
available:
Within 60 days of receipt of the claim, you may request, in
writing or verbally, that the plan conduct a review of the
processed claim. The plan will review the processed claim and
inform you whether or not an error was made. Any errors will
be corrected promptly.
If you are not satisfied with the above review, a v, xitten request
for a second review may be submitted to the plan within 60 days
of the first review. The request should state, in clear and
concise terms, the reason for disagreement with the way the
claim was processed. When the written request is received, the
claim will be reviewed again and the results of this review
furnished in writing to you within 60 days in most cases, but in
no case more than 120 days.
All requests for a review of denied benefits should include a copy of
the initial denial letter and any other pertinent information. Send ali
information to:
35
FIRST HEALTH Strategies (TPA), Inc.
P.O. Box 8503
London, KY 40742-8503
Requests for appeal which do not comply.with thi~ procedure will
not be considered, except in extraordinary c~rcumstances.
OPTIONAL CONTINUATION OF COVERAGE
Continuation Of Coverage Under Federal Law
As mandated by federal law, the plan otters optional continuation
coverage to you and/or your dependents if coverage of the eligible
beneficiary would otherwise end due to one of the following events:
Termination of your employment for any reason except gross
misconduct. Coverage may continue for you and your eligible
dependents.
· A reduction in hours worked by you. Coverage may continue
for you and your eligible dependents.
· Your death. Coverage may continue for your eligible
dependents.
· Divorce or legal separation from your spouse. Coverage may
continue for that spouse and your other eligible dependents.
· You become entitled to Medicare. Coverage may continue for
eligible dependents who are not entitled to Medicare.
· Loss of eligibility of a covered dependent child. Coverage may
continue for that dependent.
Your employer files a Title 11 bankruptcy petition. Coverage
may continue for retirees and their beneficiaries if the plan
covers such retirees and beneficiaries within one year of the date
of the bankruptcy petition and if such retiree coverage ends or is
substantially reduced within one year before or after the filing
for bankruptcy. (Please note that the plan may not cover
retirees, in which case employer bankruptcy is not a qualifying
event.)
NOTE: To choose this continuation coverage, an individual
must be a covered person under the plan on the day
before the qualifying event or be bom to or adopted by
you during the period of your continuation coverage. In
the case of bankruptcy, an individual must have retired
on or before the date coverage was substantially
reduced, or be a beneficiary of the retired employee on
the day before the bankruptcy.
37
Notification Requirement
You or other qualifying individual(s) have the responsibility to inform
the plan administrator of' a divorce, legal separation or a child losing
dependent status under the Collier County Government Group Benefit
Plan within 60 days of' the qualifying event. Failure to provide this
notification within 60 days will result in the loss of' continuation
coverage rights.
Your employer has the responsibility of notifying the plan administrator
of your death, termination of employment, reduction in hours,
entitlement to Medicare or the employer's bankruptcy within 30 days of
the qualifying event.
The plan will notify you and other qualifying individual(s) of
continuation coverage fights within 14 days of the notice described
above. You and any other qualifying individuals will then have 60 days
to elect continuation coverage. Failure to elect continuation coverage
within 60 days after being notified by the plan administrator will result
in loss of continuation coverage rights.
Maximum Period Of Continuation Coverage
The maximum period of continuation coverage for individuals who
qualify due to termination of employment or reduction in hours worked
is l g months from the date of the qualifying event.
If a qualifying individual is disabled (as determined under the Social
Security Act) at the time of your termination or reduction in hours or
becomes disabled at any time during the first 60 days of continuation
coverage, continuation coverage for the qualifying individual and any
non-disabled family members who are also entitled to continuation
coverage may be extended to 29 months provided the qualifying
individual or family member, if applicable, notifies the /~/an
administrator within the 18-month continuation coverage period and
within 60 days after receiving notification ofdisability.
The maximum period of continuation coverage for individuals
· qualify due to any other described qualifying event, except
is 36 months from the date ofthe qualifying event.
38
JAil 2 I 1SS'/
.,.
0ualiF/ing retirees and widows or widowers of retirees who died before
bankruptcy are entitled to lifetime continuation coverage. However, if a
retiree dies after bankruptcy, the surviving spouse and dependent
children may only elect an additional 36 months of continuation
coverage after the death.
If an individual experiences more than one qualifying event, the
maximum period of coverage will be computed from the date of the
earlies~ qualifying event, but will be extended to the full 36 months if
required by the subsequent qualifying event.
However, if your spouse and dependent children would otherwise lose
coverage because of a qualifying event, they will be entitled to 36
months of' continuation coverage from the date you become entitled to
Medicare even if your entitlement to Medicare does not cause you to
lose coverage either because you are still employed or because you had
already terminated employment.
Cost Of Continuation Coverage
The cost of continuation coverage is determined by your employer and
paid by the qualifying individual. If the qualifying individual is not
disabled, the applicable premium cannot exceed 102% of the plan's cost
of providing coverage. The cost of'coverage during a period of extended
continuation coverage due to a disability cannot exceed 150% of the
plan's cost of coverage.
You and other qualified individual(s) must make the first payment
within 45 days of notifying the plan of .~lection of continuation
coverage. Future payments can be made in monthly installments within
30 days of the due date unless your emp/o)~r establishes a longer
payment schedule. Rates and pa~,Tnent schedules are established by your
employer and may change when necessary due to plan modifications.
The cost of continuation coverage is computed from the date coverage
would normally end due to the qualiS,.'ing event.
Failure to make the first payment within 45 days or any subsequent
payment within 30 days of the established due date will result in the
permanent cancellation of continuation coverage.
When Continuation Coverage Ends
39
Continuation of coverage ends on the earliest or':
· The date the maximum continuation period expires.
· The date the qualifying individual becomes entitled to coverage
under Medicare.
· The last period for which payment was made when coverage is
canceled due to non-payment of'the required cost.
· The date the emp/oyer no longer offers a group health plan to
any of its employees.
The date the qualifying individual becomes covered under any
other group health plan that does not exclude or limit coverage
t'or a pre-existing condition the qualifying individual may have.
4O
JAN 2.1 1997
The following terms define specific wording used in this plan. These
definitions should not be interpreted to extend coverage unless
specifically provided for under previously explained provisions of this
plan.
Accident
An unforeseen and unavoidable event resulting in an injury.
Actively At F/ork (Active £mploymen0
You are considered to be actively at work when performing in the
customary manner all of the regular duties of your occupation with
the employer, either at one of the employer's regular places of
business or at some location to which the employer's business
requires you to travel to perform your regular duties or other duties
assigned by your employer. You are also considered to be actively
at work on each day of a regular paid vacation or non-working day
on which you are not totally disabled, but only if you are performing
in the customary manner all of the regular duties of your occupation
with the employer on the immediately preceding regularly scheduled
work day.
A mb ulatory Surgical Facility
A public or private facility, licensed and operated according to the
law, which does not provide services or accommodations for a
patient to stay overnight. The facility must have an organized
medical staff ofpbysicians; maintain permanent facilities equipped
and operated primarily for the purpose of performing surgical
procedures; and supply registered professional nursing services
whenever a patient is in the facility.
Amendment (Amend)
A formal document signed by the representatives of Collier County
Government. The amendment adds, deletes or changes the
provisions of the plan and applies to all covered persons, including
those persons covered before the amendment becomes effective,
unless otherwise specified.
Benefit Year
41
The 12-month period beginning January I and ending December 3 I.
All annual deductibles and benefit maximums accumulate during the
benefit year.
Birthing Center
A punic or private facility, other than private offices or clinics of
physicians, which meets the free-standing birthing center
requirements of the State Department of Health in the state where
the covered person receives the services.
The birthing center must provide: a facility which has been
established, equipped and operated for the purpose of providing
prenatal care, delivery, immediate postpartum care and care of a
child bom at the center;, supervision of at least one specialist in
obstetrics and gynecology; a physician or certified nurse midwife at
all births and immediate postpartum period; extended staff
privileges to physicians who practice obste~cs and gynecology in
an area hospital; at least 2 beds or :2 birthing rooms; full-time
nursing services directed by an R.N. or certified nurse midwife;
arrangements for diagnostic x-ray and lab services; and the capacity
to administer local anesthetic or to perform minor surgery.
In addition, the facility must only accept patients with Iow-risk
pregnancies, have a written agreement with a hospital for emergency
transfers and maintain medical records on each patient and child.
Chiropractic Services
The detection and conection, by manual or mechanical means, of
the interference with nerve transmissions and expressions resulting
from distortion, misalignment or dislocation of the spinal (vertebrae)
column.
Cosmetic Surgery
A procedure performed primarily for psychological purposes or to
preserve or improve appearance rather than to restore the anatomy
and/or functions of the body which are lost or impaired due to an
illness or injury.
'Custodial Care
42
I JAN 2 1 lgg7
Services and supplies furnished primarily to assist an individual in
the activities of daily living. Activities of daily living include such
things as bathing, feeding, administration of oral medicines, or other
services that can be provided by persons without the training of a
health care provider.
Diagnostic Charges
The usual and customary charges for x-ray or laboratory
examinations made or ordered by a physician in order to detect a
medical condition.
Durable Medical Equipment
Equipment able to withstand repeated use for the therapeutic
treatment of an active illness or injury. Such equipment will not be
covered under the plan if it could be useful to a person in the
absence of an illness or injury and could be purchased without a
physician's prescription.
Elective Hospital Admission
Any non-emergency hospital admission which may be scheduled at
the patient's convenience without jeopardizing the patient's life or
causing serious impairment.
Employer
Collier County Government.
Experimental/Investigational
Expenses for treatments, procedures, devices or drugs which the
p/an administrator determines, in the exercise of its discretion, are
experimental, investigational or done primarily for research.
Treatments, procedures, devices or drugs ar~ excluded under this
plan unless:
Approval of the U.S. Food and Drug Administration for marketing
the drug or device has been given at the time it is furnished, if such
approval is required by law; and
Reliable evidence shows that the treatment, procedure, device or
drug is not the subject of ongoing phase I, II or III clinical ~als or
under study to determine its maximum tolerated dose, its toxicity, its
43
JAN 2 1 19971
safety, its efficacy or its efficacy as compared with the standard
means of treatment or diagnoses; and
Reliable evidence shows that the consensus of opinion among
experts regarding the treatment, procedure, device or drug is that
further studies or clinical trials are not necessary to determine its
maximum tolerated dose, its toxicity, its safety, its efficacy or its
efficacy as compared with the standard means of treatment or
diagnoses.
Reliable evidence includes anything determined to be such by the
plan administrator, within the exercise of its discretion, and may
include published reports and articles in the medical and scientific
literature generally considered to be authoritative by the national
medical professional community..
Health Car, Provider
A physician, practitioner, nurse, hoxpital or specialized treatment
facility as those terms are specifically defined in this section.
Home Health Care Agency
A public or private agency or organization, licensed and operated
according to the law, that specializes in providing medical care and
treatment in the home. The agency must have policies established
by a professional group and at least one physician and one registered
graduate nurse to supervise the services provided.
Home Hospice
A program, licensed and operated according to the law, which is
approved by the attending plr),sician to provide palliative, supportive
and other related care in the home for a covered person diagnosed as
terminally ill.
Hospice Facility
A public or private organization, licensed and operated according to
the law, primarily engaged in providing palliative, supportive and
other related care for a covered person diagnosed as terminally ill.
The facility must have an interdisciplinary medical team consisting
of at least one physician, one registered nurse, one social worker,
one volunteer and a volunteer program.
44
The period of'time you or your eligible dependents participate in this
plan or any other plan sponsored by Collier County Board of County
Commissioners.
Medicaid
Title XIX (Grants to slates for Medical Assistance Programs) of the
United Sutes Social Security Act as amended.
Medical Emergency
An illness or Injury which occurs suddenly and unexpectedly,
requiring immediate medical care and use of the most accessible
hospital equipped to furnish care to prevent the death or serious
impairment of the covered person.
Such conditions include, but arc not limited to, suspected heart
attack, loss of consciousness, actual or suspected poisoning, acute
appendicitis, heat exhaustion, convulsions, emergency medical care
rendered in accident cases and other acute conditions.
Medically Necessary (Medical Necessity)
Services or supplies which theplan administrator determines, in the
exercise of its discretion, are generally acceptable by the national
medical professional community as being safe and effective in
treating a covered illness or injury, consistent with the symptoms or
diagnoses, furnished at the most appropriate medical level and not
primarily for the convenience of the patient, a health care provider
or anyone else.
Because a health care provider has prescribed, ordered or
recommended a service or supply does not, in itself, mean that it is
medically necessary as defined above.
Medicare
Title XVIII (Health Insurance for the Aged and Disabled) of the
United States Social Security Act as amended.
Mental/Nervous Disorder
For purposes of this plan, a mental/nervous disorder is any
diagnosed condition listed in the Diagnostic and Statistical Manual
of Mental Disorders (DSM, most recent edition, revised), except as
46
I acing, ltl:n- !
J _
I JAN 2 lt997
specified in Medical Expenses Not Covered, for which treatment is
commonly sought from a psychiatrist or mental health provider.
The DSM is a clinical diagnostic tool developed by the American
Psychiatric Association and used by mental health professionals.
Diagnoses described in the DSM will be considered mental/nervous
in nature, regardless of etiology.
Mental/Nervous Treatment Facility
A public or private facility, licensed and operated according to the
law, which provides a program for diagnosis, evaluation and
effective Ixeatment of mental/nervous di~orderz; and professional
nursing services provided by licensed practical nurses who are
directed by a full-time R.N. The facility must also have aphysician
on staff or on call.
The facility must prepare and maintain a written plan of treatment
for each patient. The plan must be based on medical, psychological
and social needs.'
Morbid Obesity
A diagnosed condition in which the body weight exceeds the normal
weight by either 100 pounds or is twice the normal weight of a
person the same height, and conventional weight reduction measures
have failed.
The excess weight must cause a medical condition such as physical
trauma, pulmonary and circulatory insufficiency, diabetes or heart
disease.
Nurse
A person acting within the scope of his/her license and holding the
degree of Registered Graduate Nurse (R.N.), Licensed Vocational
Nurse (L.V.N.) or Licensed Practical Nurse (L.P.N.).
Oral Surgery
Necessary procedures for surgery in the oral cavity, including pre-
and post-operative care.
Outpatient
47
Treatment either outside of a hospital setting or at a hospital when
room and board charges are not incurred.
Partial Hospitalization
A distinct a~d organized intensive ambulatory treatment service, less
than 24-hour daily care specifically designed for the diagnosis and
active treatment or' a mental~nervous disorder when there is a
reasonable expectation for improvement or to maintain the
individual's functional level and to prevent relapse or
hospitalization.
Partial hospitalization programs must provide diagnostic services;
services of social workers; psychiatric nurses and staff trained to
work with psychiatric patients; individual, group and family
therapies; activities and occupational therapies; patient education;
and chemotherapy and biological treatment interventions for
therapeutic purposes.
The facility providing the partial hospitalization must prepare and
maintain a wriRen plan of treatment for each patient. The plan must
be approved and periodically reviewed by apto'sician.
Physically Or Mentally Handicapped
The inability of a person to be self-sufficient ~s the result of a
condition such as mental retardation, cerebral palsy, epilepsy or
another neurological disorder and diagnosed by a physician as a
permanent and continuing condition.
Physician
A person acting within the scope of his/her license and holding the
degree of Doctor of Medicine (M.D.) or Doctor of Osteopathy
(D.O.) and who is legally entitled to practice medicine in all its
branches under the laws of the snate or jurisdiction where the
services are rendered.
Plan ,~dministrator
The plan administrator, Collier County Board of County
Commissioners, pursuant to the collective bargaining agreement, is
the sole fiduciary of the plan, and exercises all discretionary
authority and control over the administration of the plan and the
management and disposition of plan assets. The plan administrator
48
JAN 2 I lgg7
shall have the sole discretionary authority to determine eligibility for
plan benefits or to construe the terms of'the plan.
The plan administrator has the right to amend, modify or terminate
the plan in any manner, at any time, regardless of the health stares of
any plan participant or beneficiary.
The plan administrator may hire someone to perform claims
processing and other specified services in relation to the plan. Any
such contractor will not be a fiduciary of the plan and will not
exercise any of'the discretionary authority and responsibility granted
to the plan administrator, as described above.
Plan Sponsor
Collier County Board of County Commissioners.
Plan Yecr
The 12-month fiscal period for Collier County Government
beginning October I and ending September 30.
Practitioner
A physician or person acting within the scope of applicable state
licensureYcertification requirements and holding the degree of
Doctor of Dental Surgery (D.D.S.), Doctor of Dental Medicine
(D.M.D.), Doctor of Podiatry Medicine (D.P.M.), Doctor of
Chiropractic (D.C.), Certified Nurse Midwife (C.N.M.), Certified
Registered Nurse Anesthetist (C.R.N.A.), Registered Physical
Therapist (R.P.T.), Psychologist (Ph.D., Ed.D., Psy. D.), Licensed
Clinical Social Worker (L.C.S.W.), Master of Social Work
(M.S.W.), Speech Therapist, Occupational Therapist, Acupuncturist,
Licensed Massage Therapist or Physician's Assistant.
Preferred Provider Organization (PPO)
SunFIealth, including those heahh care providers who have
contracted with Collier County Government to provide certain
services for which benefits are considered at special levels.
· Psychiatric Day Treatment Facility
A public or private facility, licensed and operated according to the
law, which provides: treatment for all its patients for not more than
49
8 hours in any 24-hour period; a structured psychiatric program
based on an individualized treatment plan that includes specific
attainable goals and objectives appropriate t'or the patient; and
supervision by a physician certified in psychiatry by the American
Board of Psychiatry and Neurology.
The facility must be accredited by the Program for Psychiatric
Facilities or the Joint Commission on Accreditation of Hospitals.
Reconstructive Surgery
A procedure performed to restore the anatomy and/or functions of
the body which are lost or impaired due to an injury or illness.
Rehabilitation Facility
A legally operating institution or distinct pan of'an institution which
has a transfer agreement with one or more hospitals, and which is
primarily engaged in providing comprehensive multi-disciplinary
physical restorative services, post-acute hospital and rehabilitative
inpatient care and is duly licensed by the appropriate government
agency to provide such services.
It does not include institutions which provide only minimal care,
custodial care, ambulatory or pan-time care services, or an
institution which primarily provides treatment of mental/nervous
disorders, substance abuse or tuberculosis, except it' such facility is
licensed, certified or approved as a rehabilitation facility for the
treatment of mental/nervous conditions or substance abuse in the
jurisdiction where it is located, or is accredited as such a facility by
the Joint Commission for the Accreditation of Health Care
Organizations or the Commission for the Accreditation of
Rehabilitation Facilities.
Residential Treatment Facility
A child-care institution that provides residential care and treatment
for emotionally disturbed children and adolescents. The facility
must be accredited as a residential treatment facility by the Council
on Accreditation, the Joint Commission on Accreditation of
Hospitals or the American Association of Psychiatric Services for
Children.
Second Surgical Opinion
5O
JAN 2 1 1997
Examination by a £hysfcian who is ceniHed by the American Board
of Medical Specialists in a field related to the proposed surgery to
evaluate the medical advisability of undergoing a surgical
procedure.
Skilled Nursing Facility
A public or private facility, licensed and operated according to the
law, which provides: permanent and full-time facilities for I0 or
more resident patients; a registered nurse or physician on full-time
duty in charge of patient care; at least one registered nurse or
licensed practical nurse on duty at all times; a daily medical record
for each patient; transfer arrangements with a hospital; and a
utilization review plan.
The facility must be primarily engaged in providing continuous
skilled nursing care for persons during the convalescent stage of
their illness or injury, and is not, other than by coincidence, a rest
home for custodial care or for the aged.
Specialized Treatment Facility
Specialized treatment facilities as the term relates to this plan
include skilled nursing facilities, rehabilitation facilities,
ambulatory surgical facilities, birthing centers, residential treatment
facilities, mental/nervous treatment facilities, substance abuse
treatment facilities, psychiatric day treatment facilities, chemical
dependency/substance abuse day treatment facilities and hospice
facilities as those terms are specifically listed in Covered Medical
Expenses.
Substance dbuse Treatment Facility
A public or private facility, licensed and operated according to the
law, which provides: a program for diagnosis, evaluation and
effective treatment of substance abuse; detoxification services; and
professional nursing services provided by licensed practical nurses
who are directed by a full-time R.N. The facility must also have a
physician on staff'or on call.
The facility must prepare and maintain a written plan of treatment
for each patient. The plan must be based on medical, psychological
and social needs.
Surgery
51
JAN 2 LJ997 I
Any operative or diagnostic procedure performed in the treatment of
an injury or illness by instrument or cutting procedure through any
natural body opening or incision.
Third Surgical Opinion
Examination by a physician who is certified by the American Board
of Medical Specialists in a field related to the proposed surgery to
evaluate the medical advisability of undergoing a surgical
procedure.
Total Disability (Totally Disabled)
The inability to perform all the duties of your occupation with
Collier County Government or any other type of work for wage or
profit as the result of a non-occupational illness or injury. A
dependent will be Considered totally disabled if, because of a non-
occupational injury or illness, he or she is prevented from engaging
in all the normal activities of a person of like age who is in good
health.
Usual dnd Customary Charge
The charge most frequently made to the majority of patients for the
same service or procedure. The charge must be within the range of
the charges most frequently made in the same or similar medical
service area for the service or procedure as billed by other
physicians or practitioners.
See benefit year.
52
JAN '2.1 1997
Name And Address OfT'he Plan Sponsor
Collier County Board of'County Co. mmissioners
3301 East Tamlani Trail
Naples, FL 341 i 2
(94 I) 774-8461
Name And Address Of The Plan Administrator
Collier County Board of County Commissioners
3301 East Tamiani Trail
Naples, FL 34112
(941) 774-8461
Name And Address Of The Designated Agent For Service Of Legal
Process
County Attorney of Collier County
3301 East Tamiani Trail
Naples, FL 34112
(941) 774-8461
Name And Address Of The Plan Trustees
Collier County Board of County Commissioners
3301 East Tamiani Trail
Naples, FL 34112
(941) 774-8461
Internal Revenue Service And Plan Identification Number
The corporate tax identification number assigned by the Internal
Revenue Service is 59-6000558. The plan number is 213.
Plan Year
The plan year is the 12-month fiscal period for Collier County
Government beginning October I and ending September 30.
Method Of Funding Benefits
53
Health benefits are self-funded from accumulated assets and arc
provided directly from the plan sponsor. Thc plan sponsor may
purchase excess risk insurance coverage which is intended to
reimburse the plan sponsor for certain losses incurred and paid
under the plan by the plan sponsor. Such excess risk coverage, if
any, is not part of the plan.
Payments out of the plan to health care providers on behalf of the
covered person will be based on the provisions of the plan.
Collective Bargaining Agreement
This plan is maintained pursuant to one collective bargaining agreement.
A copy of the collective bargaining agreement may be obtained upon
wrirten request to the plan administrator, who may make a reasonable
charge for the copy, and it is also available for examination by'
participants and beneficiaries at:
Ochopee Fire Department
3301 East Tamiani Trail
Naples, FL 34112
54
I JAN 2 I _1997
RECO.X~NDATION TO APPROVE
MANAGEMEN'r FL~'D (521).
A BLq::)GET AMENDMENT RECOGNIZING
CARRY FORWARD IN FLEET
OBJECTi'VE: To obtain approval from the Board for a Budget Amcndmcn! recognizing and appropriating F'Y96 cam' fomard
of S66.000 in Fleet Management Fund (521).
CONSIDERATIONS: A budget amendment is required to cover tile cost of Ibc follow, lng:
(l) Office Technnln~v Mndernizalinn - Fleet Management is scheduled ~o complete tl~e Count' o~cc Icchnoto~.
modernization program in thc near fi, urc. As a result, unbudgeted expenditures ~ill be required
computer hard~arc and sofi~arc. &~inng and rela~ed expenses. Expenditures ~ill include SIg.4JI for ~iring costs ~o cmcr
Ihe hcili~' and computer sen'er hard~arc and sofl~arc ~o connect ~ ilh Ibc Cotm~' Wide Area Network ~hcse costs
split 50/50 ~ith tile Transportation DcpanmenO. Wiring. hardware, software, and training for tl~e Fleet Management L~al
Area Nemork (LAN3 ~ill cosl an estimated $33.125. LAN inslalladon ~ill encompass purchase of one scm'er ($15.~3
four ~orkstadon compulcrs and a mechanic u orksladon ~noni~or ($11.934). mo printers ($9~3). sofl~vare ($1~75}. ~s~cm
uifing ($1400). and operalor Iraining ($125~). Existing comp,tots x, ill be used al d~rce mechanic ~'orksladon Icnninals
now sen'iced by "dumb" terminals. The new computers and sofia,'are ~ill be compaliblc and required for fl~c new release
d~is spring of ,lc K4.~ER automated flcc~ management ~'s~cm (ln ,se by Iht Co,n
approximalcly $30.000.). The lolal COSl of m~cmizing ~he Fleet Management m,omadon
$42.345 by tl~e lnrom~ation Tcchnolo~-Department. ·
(2) Building Improvement,. The ~tclding shop uiddn Ihe maintenance bays o~ Flecl Managemen~ has been identified as a
sa~c~, hazard due to i~s proximi~. 1o od]er employees and ils proximib, 1o flammable materials in [l~e maintenance o~radon
area. The welding shop also ~cupics a maintenance bay ~hich is critically needed by Flccl Mana~cmcnt due Io flcct
expansion over ~l~c years. A welding area can ~ economically consm~cted at t~e east end'o~ d~c Fleet Managcmem ~3cilib.'
a,achcd to ibc building. The sl~clur¢ will consis~ ora concrclc pad. ah,ninum pan roof cover, aluminum shed for securi~.
of equipmcnk and associated eleclfical tdring al an cslimalcd cost of 54.150.
(3) Building Repair & Maintenance - Addilionnl fi~nds are also necdcd for unprogrammcd building maintenance cx~nses
including front door rcplaccmem, bay door repair, exhaust fan inslnlh, ion. and maintcna,ce bay floor Ircatmcnt. An
amendment of S8.200 is nccdcd to cover [hcsc expenses.
FISCAL IMPACT. Thc car~' fomard of fl~cse fimds *~ill assist in completion of d~c above projecls and ~ill increase net
appropriations as follmvs:
521-122410
521-122410
521-122410
521-919010
Data Processing Equipment~ir~g, So.ecu'are, Amount $42.400
TraLnL~
Building hnprovcmcnts Amounl $ 4.150
Building R&M - I.S.F. Billings
Amount $ 6.200
Rescr~ e for Contingencies
Amotmt $13.250
GROWTH MANAGEMENT i'.'MPACT: None,
REV)EWED BY:
Z¢7SkFp Camp. Facilities Management Director
REVIEWED BY: Leo'Ochs. Support.,. SeQ.ic~s Administratsr~
R ECO,M,MENDATION: Th;at thc Board. of County Commissioners approve a Budge! Antcndmcnt recognizing cam' fomard as
described herein. ~ / .,~,. ,~ . .
· //% /- ~
Date:
JAN 2 1 1997
i
/ _J
Vendor
,
I
I
I
Part. Number
'Exte~'~d' Cost
Order Date
'Deli~'e~"D ate
JAN 2 1 1~7
I
~0~:0
"7
i
~ ~'~ ~ ~¢~ ~" ~1 ·
Part Number
Quantity
'U-"~'~ Price
Extended Cost
Order Date
'beli~'ery Date
i
I~COI~.~'D~XON 'Z"BAT ~r~ BO~MLD OF CO~ COI4HXSSZ~H'ERS ~M)pROVE & BUD~E~
~~'~ WIT~r~ ~n.~ CLA~ BAY ILESTORJ, TION FUND
OBJECT~3~: That the Board of County Coe~issionars approve a budget amendment
within the Clam Bay Restoration Fund (320) to reappropriate the balance of
funds required to complete the Clam Bay restoration plan initiated in Fiscal
Year 1996. This plan is being prepared by the T. R. Brown Company and Dr.
Hillbu=n Hllleatad.
CONSIDERATION: On August 13, 1996 (agenda item 8E6) the Board of County
Commissioners authorized the procurement of services with T. R. Brown Company
and Dr. Hlllburn Hlllestad to assist in the develo~ent of a Clam Bay
restoration plan. The Board &ction also authorized an agreement with
Communities to fund one-half of the cost of the Clam Bay restoration plan.
The $85,000 agreement was funded with a $42,S00 contribution from WCI
Communities and a $42,500 transfer from Pelican Bay Services Fund (109).
The chart below identifies the budgeted and actual revenues and expenses
associated with this contract, as well as the variances from the budget.
ExDens~ FY 96 B~dqe~ FY 96 ACtUa~ Variance
T. R. Brown contract $85,000 $20,000 $65,000
~evenues FY 96 Budaet FY 96 Actual Varia~c~
WCI Contribution $42,500 $10,000 ($32,500)
Transfer (109) $42,500 $42,500 0
Total Revenues $85,000 $52,500 ($32,500)
Carryforward (Rev.-Exp.) $0 $32,500
As identified above, actual FY 96 expenses on this contract were only $20,000.
Budget authorization for this contract lapsed with the close of FY 96
(September 30, 1996) as a purchase order was not opened for the full contract
amount. The balance of work remaining amounts to $65,000 to be funded by the
available carryforward of $32,500 and by recognizing the $32,500 balance of the
WCI Communities contribution.
JAN 2 I 1997
~ /
Cla~ Bay Restorat£on
~~ Recognizes and appropriates $32,$00 in available carryfo~ard
and $32,$00 in contributions from We! Co~un£tiee in the Clam Bay Restoration
Fund (320). This will fund the $65,000 contract balance with ?. R. Brown
Company.
GROWTH J4:~NAG~ IMPACTz None
~~]~z That the Board of County Commissioners approve a $65,000
budget amendment In the Clam Bay Restoration Fund (320).
PREPARED BY~
Michael Smykowski
~DlrecKor
J~me8 p. Ward -'~ --
./ivision Administrator
~0./~
JAN 2 ! 1 97
BOARD OF CO~TY CO~4ISSIONERS
MISCELLANEOUS CORRESPONDENCE
January 21, 1997
~OR BOARD ACTION:
Certificate of Correction: NEED MOTION authorizing the
Chairman to sign Certificate of Correction to the tax rolls
as presented by the Property Appraiser's Office. RECOF24END
APPROVAL.
Miscellaneous Items to File For Record With Action As
Directed
ae
Golden Gate Estates Land Trust Committee - October 28,
1996. Referred to BCC.
Pelican Bay MSTBV Advisory Committee Agenda - December
16, 1996. Referred to BCC.
Parks and Recreating Advisory Board - November 27, 1996
and agenda for December 18, 1996. Referred to BCC.
Parks and Recreation Advisory Board Special Meeting
Agenda - January 3, 1997. Referred to BCC.
AGENDA ITEM
q -
JAN 1997
EXECUTIVE SUMMARy
TO OBTAIN BOARD OF COUNTY COMMISSIONERS APPROVAL FOR THE
FAITHFUL PERFORMANCE BONDS OF TWO COLLIER COUNTY MOSQUITO
CONTROL DISTRICT COMMISSIONERS PURSUANT TO SECTIONS 388.131
AND 137.04, FLORIDA STATUTES.
~ That the Board of County Commissioners approve and
sign the faithful performance bonds for two Collier County
Mosquito Control District Commissioners; Keith G. Anderson and
John N. Winters.
CONSIDERATIONSI Section 388.131, Florida Statutes, requires the
Mosquito Control District Commissioners to provide a good and
sufficient surety bond in the sum of $2,000.00 for each
commissioner, conditioned on the faithful performance of the
duties of the commissioners, office. Said section further
provides that the cost thereof shall be borne by the Mosquito
Control District and that said bond shall be approved and filed in
the same manner as that of the Board of County Commissioners.
Section 137.04, Florida Statutes, requires the Board of County
Commissioners, bonds to be approved by the Board of County
Commissioners and the State of Florida Department of State. Bonds
for the two Collier County Mosquito Control District commissioners
have been reviewed and approved by the County Attorney for legal
sufficiency.
FISCAL IMPACTS None. The funds for these bonds have been
provided by the Collier County Mosquito Control District pursuant
to Florida Statutes.
GROWTH MANAGEMENT IMPACT~ None.
~ECOMMENDATION~ That the Board of County Commissioners approve
and each County Commissioner sign the attached faithful
performance bonds for Keith G. Anderson and John N. Winters,
Collier County Mosquito Control District Commissioners.
County Attorney
AGENDA,IT. EM
N ?.;
Pg.
F~R OFFICE USE ONLY
Approved by Sccruury of Suu::
BOND OF Collier
KNOW ALL MEN BY THESE PRE~EKI~. Tht~ w~, Keith G. Anderson
~ Prmclp~l. md Peerless Insurance Company
S~.~I~. we h~ bLnd a~cl~s md ~ of ~ he~.
THE CO~DrrION OF THIS OB~OA12ON IS SUCH, Th~. wh~'~.~, said otfd,~ w,,. mn the
Fifth __.. d,? ¢.,t November ^.D.. _1996
[]-ppota~d i~ekct~d Commissioner, Collier Mosquito Control
the ftrs~ Tues4ay
· c~tcot~~i~,~ ~ter the fi~:
District Board tohold otfic~
until his/h~ s,_-t_¢¢_,sor is
NOW. 'I'K!~?~OR~, I~ sdd oflScid sh~ll fU'.hfu!ly ~ ~e dufi~ of ~s~m o~ u ~d~ by hw. ~ ~lig~ is
void.
(Si~ of Offidd)
Si~=~, 19th ~)'ot December ,19 96
(SEAL)
Atlonta, Qeorqia 30327
Sedgwick SW Florida
(N,me of l~mdm{ ~.,
C.S. Box 413003. Naules, FL 34101
The ~bove bond ;, aFl, roved t:~ a.y of
19
(Ch2i.-m=,. Bo~i of Count/Corn:v.,'uioner~)
CotmD' Commbsion=-~' Sig~
ltsrch 1, 1997
N°
961843
Joseph V. Rare, Jr. and/or Robert T. Benmon, Jr. and/or Robert N. RolCun
HApIem ~lor/~a
X
AG EN DA/,LT,.EIVI/
No. //':'/..~/(
JAN 2 ! !997
X
~'ebz'u~z'~
9th
96
1 9th
December
AGEN
JAN 2 1 1997
Pgo. /7~
AFprovcd by Secretary of Suit:
BOND
COUNTY OF
KNOW ALL MEN BY THESE PRESF_.h'I'S. Th,, w~. John N.
Collier
Winters
~sPri~ip~l.~ Peerless Insurance Com anp_p_qy-
$~~~~~ ~llm. wc h~ ~d ~cl~s ~d ~ of ~ h~. cx~';.
THE CONDITION OF THIS OBMGAI~ON IS SUCH. Thu. whcrcu, s~id officid wu. m ~hc
__FiFth ~,y ot____.%[93_~ A.D., 1996
· ppol~ ~ek~ Commissioner. Collier
Mosc~ito Control District Board
tN,,,, el
of hi,h= cornn%bajo~ unzil the first Tuesday after the first Monday, 'anu 2001
('tee., £~'K
q~poin~xi ~ q'.~ILficd ~xx~ling to Ibc CoTm.iU~on md IJws of ~he 5',,¢ of Dorids_
NOW, ~RF. If Jaid o~dd LhLU fLkt~LUy pcrfc~m ~¢ du~ie~ ~ hls/~cr o~ce u prcM~ by l~w.
si~n~d ,nd ,.j~ mi~ 1 9 th
(SEAL)
E
E
X
(Signature of
.~yof__ December 96
Atlant~ G~ia 30327
C.S.Box 413003 Na~_.N__a.p_~es, FL 34101
The above bond i~ appruv~d fl~ ~ ~.y of__~
19~.
_. Counu Commissioners'
(Chai~m~,,,, Board of Coanty Coram~i~)
961844
1997
Joseph ~. g~rt, Jr. ~d/or Robert T. B~ion, Jr. Ind/or Robert 1~. i~olt~m
lt~.ples Florida
X
,,AGENDA ITEM. -
JA;'I 21 1997
Pg. ~
F~bnmz7
95
9th
Febru~r~
96
19th
December
AGENDA
No.
J~N 2 1 1997
EXECUTIVE SU~¥
RECOMMENDATION THAT THE BOARD FORWARD NOTICE
TO PROCEED TO THE TAX COLLECTOR FOR TAX DEED
APPLICATIONS ON THE 1994 COUNTY TAX CERTIFICATES
~: That the Board consider forwarding to the Tax
Collector a Notice to Proceed with tax deed applications for
county certificates issued in the name of Collier County in 1994.
CONSIDERATIONS: As fully outlined in the attached memorandum, the
Board is statutorily required to provide the Tax Collector with a
Notice to Proceed in order to make application for Tax Deeds for
all tax certificates held by the County where the property has an
assessed value of $5,000.00 or more. Only 6 of the 203 1994
County held tax certificates have an assessed value of $5,000.00
or more.
On January 9, 1996, the Board approved a Notice to Proceed in
order for the County to make application for Tax Deeds on all
county held tax certificates for 1993, and such Tax Deed
Applications have been made for all 1993 county tax certificates.
Tax Deed Sales have been held and continue to be held on the
various 1993 tax certificates.
The Board has been and will continue to be reimbursed for all
costs and delinquent taxes plus interest on all county tax
certificates. It is important to note that the County recovers
not only the specific year of taxes when a tax deed is sold, but
also recovers all subsequent years of taxes for those properties
(since it is a requirement of the sale) plus interest at the rate
of 18% on the delinquent taxes. For example, if taxes are
delinquent for 1994, 1995, and 1996 the minimum bid at the Tax
Deed Sale will include the taxes for all three years, even though
the County had only initiated the notice to proceed for the 1994
Tax Certificate.
The County currently holds 203 1994 county tax certificates. Of
the 203 certificates, 6 have an appraised value of $5,000.00 or
more. Pursuant to Section 197.502, Florida Statutes, the County
shall make application for a tax deed on all certificates on
property with an assessed value of $5,000.00 or more. Section
197.502, Florida Statutes, provides that the County Day make
application for a tax deed on the certificates on property with an
assessed value of less than $5,000.00.
FISCAL IMPACT: The Application Fee per parcel is approximately
$313.00. If the Board decides to take all 203 1994 county tax
certificates to Tax Deed Sale, the total application cost is
approximately $63,539.00. If the Board decides to take the 1994
tax certificates on property with an assessed value of $5,000.00
or more, which is 6 1994 tax certificates, the total application
cost is approximately $1,878.00. There is currently $28,000.00
budgeted for tax deed applications in Account No.
001-013010-649040. A budget amendment in the amount of $35,500.00
AGENDA IT~'U
No.
JAN 2 1 1997
from General Fund Contingency Reserves, Account No.
001-919010-991000 would need to be approved by the Board to take
all 203 1994 County tax certificates to Tax Deed Sale.
~ROWTH ~ANAG~ENT I~ACT: None
RECO~ENDATI0~: That the Board of County Commissioners forward a
Notice to Proceed to the Tax Collector for Tax Deed Applications
for all of the 1994 Tax Certificates held by the County (203
certificates) and approve the appropriate budget amendment.
David C. We£qel ~_) -
County Attorney
Date: /-iS- 7
DATE:
TO:
FROM:
RE:
January 13, 1997
Board of County Commissioners
David C. Weigel, County Attorney
County Held Tax Certificates; January 21, 1997 Agenda
Item
Real estate taxes are payable on November i of each year and, if
not paid by April i of the next year, the taxes become delinquent.
The Tax Collector, after publication of the Delinquent Tax List,
conducts a sale of tax certificates on the delinquent tax parcels.
Section 197.432, Florida Statutes, provides that if there is no
buyer of a tax certificate, the tax certificate is issued to the
county at the maximum rate (18%) of interest.
Section 197.502, Florida Statutes, states that the County shall
make application for a tax deed on all certificates on property
with an assessed value of $5,000.00 or more 2 years after April 1
of the year of issuance of the certificates. The Florida Statutes
also set forth a limitation on liens of tax certificates and
provide that after the expiration of 7 years from the date of
issuance of a tax certificate, if a tax deed has not been applied
for and there is no other administrative or legal proceeding of
record, the tax certificate shall be null and void and the Tax
Collector shall cancel the tax certificate.
On January 9, 1996 the Board of County Commissioners approved
making Tax Deed Application for all tax certificates held in the
name of the County for 1993. Tax Deed Applications have been made
on all of the 1993 county held tax certificates and tax deed sales
have been and are continuing to be held on these tax certificates.
On October 3, 1996, Guy Carlton, Collier County Tax Collector,
notified the Board of County Commissioners, pursuant to Section
197.502, Florida Statutes, of all Tax Certificates held in the
name of the County that were eligible for the County to make
application for Tax Deed (a copy of the Tax Collector,s letter is
attached).
An update of the October 3, 1996, letter indicates that of the 248
certificates for 1994, there are 203 unpaid outstanding
certificates that are not pending under a tax deed application.
It is recommended that the Board of County Commissioners authorize
tax deed applications for the 203 tax certificates presently held
by the County for 1994.
J!.,N 2 1
F~,.
Page 2
The statutory procedure for the County to make application for Tax
Deed is as follows:
a)
b)
The Tax Collector gives Notice to the Board of all tax
certificates held by the County which are now subject to
tax deed application (Tax Collector's letter of October
3, 1996). Pursuant to Section 197.502, Florida Statutes,
we are concerned with all tax certificates held by the
County for more than 2 years, which in this case are only
the 1994 tax certificates.
The Board of County Commissioners gives written Notice to
Proceed to the Tax Collector to proceed with a Tax Deed
Application for the tax certificates held by the County,
accompanied by a check in the amount of $65.00 per
certificate for title search, and pursuant Section
197.502, Florida Statutes, the Tax Collector shall be
allowed a tax deed application fee of $15.00 per
certificate.
c)
d)
The Tax Collector files the application for Tax Deed with
the Clerk on behalf of the County.
The County deposits the following fees and costs with the
following entities when the Notice to Proceed is given to
the Tax Collector:
l)
Tax Collector - $75.00 per tax certificate for title
search.
2)
Tax Collector's Application Fee - $15.00 per tax
certificate.
3)
Clerk - Fees for processing the application after .
the title search is completed by the Tax Collector.
a)
Clerks Fees - $60.00 per parcel for processing
application (includes sale, issuance of Tax
Deed, preparation of Deed and disbursement of
funds).
b) Advertising Cost - approximately $108 00 per
parcel. '
c) Mailing costs - approximately $25 00 per
parcel. '
AGEN
Page 3
e)
f)
g)
d) Sheriff Service - $40.00 per parcel.
Total fees per parcel are approximately $313.00.
The Tax Collector prepares and furnishes to the Clerk for
each parcel a certificate showing a list of all tax
certificates owned by individuals, all county owned tax
certificates, all omitted years' taxes and the amount of
interest earned by each tax certificate or omitted years'
taxes as of the date of the tax deed application.
Upon receipt of a completed tax deed application, the Tax
Collector shall have an abstract or title search made
which provides the ownership and encumbrance reports for
a minimum of 20 years for each parcel, a list of all tax
certificates and omitted years' taxes on each parcel of
property, and the names and addresses of all persons or
firms that the Clerk is required to notify prior to the
tax deed sale.
The Clerk then provides Notices, Advertising, Mailings,
Delivering and Posting of Notices of the Tax Deed Sale.
h) A Public Tax Deed Sale is then held:
i)
1) A Tax Deed is issued immediately upon receipt
of full payment of all applicable fees, costs, the
amount of taxes owed, interest on the taxes, and
all tax collector's fees.
2) If no bids are received at the Tax Deed Sale,
then the property goes on a "List of Lands
Available for Taxes".
3) The county can purchase the property on the
"List of Lands Available for Taxes" after 90 days,
for the opening bid amount.
4) If the property on the "List of Lands Available
for Taxes" is not purchased after 7 years, then the
land becomes County property.
The Clerk immediately disburses the monies collected from
the tax deed sale to the Tax Collector. The Tax
Collector then issues checks to the Board of County
Commissioners for reimbursement of the costs and the
taxes recovered less the Tax Collectors fee, plus the 18%
interest on the tax certificates.
Page 4
The 1994 tax certificates were issued to the County on May 27,
1994, therefore, the Board of County Commissioners should take
appropriate action to provide the Tax Collector with a Notice to
Proceed and make application for tax deeds for all of the 1994
county held tax certificates.
DCW/esc
Attachments
cc: Guy Carlton, Tax Collector
COLLIER COUNTY TAX COLLECTOR
COURTHOUSE - aLIX~. Co!
(g4Z)
OCTOBER 3, 1 996
HONORABLE JOHN C NORRIS, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY GOVERNMENT CENTER
BUILDING F
NAPLES, FL 34112
DEAR CHAIRMAN NORRIS:
FLORIDA STATUTE 197.502 STATES THAT THE COUNTY SHALL MAKE APPLICATION FOR TAX DEED
ON ALL CERTIFICATES ON PROPERTY VALUED AT $500 OR MORE ON THE PROPERTY APPRAISER'S
ROLL, EXCEPT DEFERRED PAYMENT TAX CERTIFICATES, AND MAY UAKE APPLICATION ON THOSE
CERTIFICATES ON PROPERTY VALUED AT LESS THAN $500 ON THE PROPERTY APPRAISER'S ROLL,
TWO YEARS AFTER APRIL I OF THE YEAR OF ISSUANCE OF THE CERTIFICATES. A SUMMARY OF
TAX CERTIFICATES SO INVOLVED FOLLOWS:
1990
199I
1992
1993
CERTIFICATES - TAX YEAR 1989
INITIALLY ISSUED - JUNE 1990
REDEMPTIONS, CANCELLATIONS & T.D.A. 'S
AS OF 9-30-96
DEFERRED
C.TRTIFICATES - TAX YEAR 1990
INITIALLY ISSUED - MAY, 1991
REDEMPTIONS, CANCELLATIONS & T.D.A. 'S
AS OF 9-30-96
BANKRUPTCY
D EF ER R ED
CERTIFICATES - TAX YEAR 199I
INITIALLY ISSUED - MAL 1992
REDEMPTIONS, CANCELLATIONS & T.D.A.'S
AS OF 9-30-96
BANKRUPTCY
DEFERRED
CERTIFICATES - TAX YEAR 1992
INITIALLY ISSUED - MAY, 1993
REDEMPTIONS, CANCELLATIONS & T.D.A. 'S
AS OF 9-30-96
BANKRUPTCY
DEFERRED
2,640 $ 91,029.69
2, 639 84, 019.56
1 7, 010.13
3,282 S200, 003.75
3,241 1 72, 031.27
38 2, 442.13
3 25,530.35
-0- -0-
2, 947 $189, 493.79
2, 922 155,488.25
20 1,057. 40
4 32, 913.41
I 34.73
2, 036
2,029
$113,618.31
82, 060.98
I8.09
2 1 ;297
1994
CERTIFICATES - TAX YEAR 1993
INITIALLY ISSUED - MAY, 1994
REDEMPTIONS, CANCELLATIONS & T.D.A.. 'S
AS OF 9-30-96
BA NKR UP TC Y
DEFERRED
1,183
929
2
4
248
63,561.88
38, 352.36
65..29
18,584..20
6,560.03
THE AFOREMENTIONED REMAINING TAX CERTIFICATES ARE IN OUR VAULT..
GLC/rej
COPIES:
HONORABLE TIMOTHY L HANCOCK - DISTRICT TWO
HONORABLE TIMOTHY J CONSTANTINE - DISTRICT THREE
HONORABLE PAMELA S MAC'KIE - DISTRICT FOUR
HONORABLE BETTYE J M~TTHEWS - DISTRICT FIVE
DAVID WEIGEL - COUNTY ATTORNEY
ERNESTINE COUSINEAU - LEGAL ASSISTANT
AGENDA I~',,,~