Agenda 05/11/2004 R
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
May 11, 2004 9:00 AM
Donna Fiala, Chairman, District 1
Fred W. Coyle, Vice-Chairman, District 4
Frank Halas, Commissioner, District 2
Tom Henning, Commissioner, District 3
Jim Coletta, Commissioner, District 5
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR
TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE
PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED.
COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO,
ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO
THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST
BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13
DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC
PETITIONS."
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF
THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A
VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE
TIME IS ADJUSTED BY THE CHAIRMAN.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO
PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE
PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES
MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA,
34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE
AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
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1. INVOCATION AND PLEDGE OF ALLEGIANCE
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended. (Ex
Parte Disclosure provided by Commission members for summary agenda.)
B. April 13, 2004· BCC Regular Meeting.
C. April 19, 2004 . Orangetree/Waterways Neighborhood Meeting hosted by Commissioner
Coletta.
D. April 20, 2004 . BCC/CCPC·EAR Workshop
3. SERVICE AWARDS
4. PROCLAMATIONS
A. Proclamation to recognize May 2004, as Mental Health Month. To be accepted by
Petra M. Jones, Executive Director of The Mental Health Association.
B. Proclamation to recognize Cody Anderson for his selfless service and dedication to the
people of the State of Florida. To be accepted by Cody Anderson.
C. Proclamation to recognize the month of Mayas Internal Auditor Awareness Month. To be
accepted by Patrick Blaney, CFE, CPA, Internal Audit Director for Collier County Clerk of
Circuit Court.
D. Proclamation to designate the Week of May 16-22, 2004 as Emergency Medical Services
Week. To be accepted by John Dunnuck, Public Services Administrator for Collier
County.
E. Proclamation proclaiming the week of May 10 . 16, 2004 as Oceans For Youth Foundation
Week.
5. PRESENTATIONS
A. This item to be heard at 1 :00 p.m. Presentation by the Big Cypress Basin of the South
Florida Water Management District on the Basin's and District's Fiscal Year 2004-05
Proposed Budgets.
B. To Edward J. Kant for his outstanding service to Collier County.
6. PUBLIC PETITIONS
A. Public Petition request by Mr. Matt Johnson to discuss Firefighters Fund Raising for
the Muscular Dystrophy Association.
B. Public Petition request by Ms. Kathy Herrmann to discuss a formal funding request for
The Shelter for Abused Women and Children.
C. Public Petition Request by Ms. Tammie Nemecek to seek direction of the BCC for a
fiscal stability study for Collier County.
7. BOARD OF ZONING APPEALS
Page 2 of9
8. ADVERTISED PUBLIC HEARINGS
A.
This item requires that all participants be sworn in and ex parte disclosure be provided
by Commission members. PUDZ-2003.AR-4390 Immokalee Senior Housing, Ltd.
represented by Rick J. Joudrey, P,E., of Davidson Engineering, Inc., requesting: 1)
Rezoning from the (RMF-6) Residential Multi.family zoning district to RPUD to allow
development of a maximum of 119 multi-family dwelling units, limited to rental units
within an "independent living residence facility" for the elderly for a project to be known
as the Immokalee Senior Housing PUD; and 2) Consideration and approval of an
Affordable Housing Density Bonus Agreement authorizing the developer to utilize
Affordable Housing Bonus Density units (in the amount of 59.52 units at 8 bonus density
units per acre) in the development of the project. Property is located on the east side of
11 th Street North just south of Lake Trafford Road and Highland Elementary School in
Section 33, Township 46 South, Range 29 East, Collier County, Florida, consisting of
7.44t acres,
This item to be heard at 10:00 a.m. Consideration of an ordinance adopting a
recodification and revision of the County's Land Development Code, to become
effective on August 30, 2004.
This item to be heard at 11:00 a.m, This item was continued from the April 13, 2004 BCC
Meeting. This item requires that all participants be sworn in and ex parte disclosure be
provided by Commission members. PUDZ-2003-AR.3584, Robert Duane of Hole Montes
Inc., of Naples, representing Collier County Public Schools, requesting a rezone from
PUD to PUD for the purpose of amending the Orangetree PUD text, (Ordinance number
91-43) to include "Public Educational Plants and Ancillary Plants" as a permitted use to
the "Agriculture" (AG) district of the PUD.
Adopt an updated Utilities Standards and Procedures Ordinance, adopt accompanying
Collier County Water-Sewer District Utilities Standards Manual and repeal Utilities
Standards and Procedures Ordinance No. 2001-57.
B.
C,
D.
E.
This item requires that all participants be sworn in and ex parte disclosure be provided
by Commission members. Petition PUDZ.03-AR.4674, Collier HMA, Inc., A subsidiary of
Health Management Associates, Inc" represented by Margaret Perry of Wilson Miller,
Inc., and R, Bruce Anderson, of Roetzel & Andress, requesting a rezone from "A" Rural
Agricultural and "TTRVC" Travel Trailer Recreational Vehicle Campground to "PUD"
Planned Unit Development to be known as Collier Regional Medical Center PUD for a
Maximum of 260,000 square feet of hospital and related uses and 80,000 square feet of
medical office and related uses. The property is located on the east side of Collier
Boulevard (CR-951), and approximately 3 miles north of the Tamiami Trail (U,S, 41) in
Section 23, Township 50 South, Range 26 East, Collier County, Florida,
9. BOARD OF COUNTY COMMISSIONERS
A, Appointment of member to the Water and Wastewater Authority.
B. Appointment of member to the Community Character/Smart Growth Advisory Committee.
C. Appointment of members to the Collier County Coastal Advisory Committee.
10. COUNTY MANAGER'S REPORT
A,
To approve Master Agreement # 03-3500 "Land Use and Permitting Acquisition Software
Application" with Hansen Information Technologies, Inc. in the amount of $1,541,338.00.
(Joseph K. Schmitt, Administrator, Community Development and Environmental
Services.)
Page 3 of 9
B.
This item to be heard at 1 :30 p,m, Approve a Resolution authorizing the submission of a
low.interest State Revolving Fund (SRF) Loan Application to the Florida Department of
Environmental Protection (FDEP) for the construction of reclaimed water main and force
main and pump station upgrade in the amount of $7,351,000; and to adopt the document
called 'Collier County North County Wastewater Reclamation Facility (NCWRF)
Expansion Facilities Plan Update, May, 2004' to allow the County to avail itself of low-
interest SRF funds. (Jim DeLony, Administrator, Public Utilities.)
C. Recommendation to Develop a Request for Proposal to Increase Park Impact Fees
for Beach and Boat Access Based on the Master Plan. (John Dunnuck,
Administrator, Public Services)
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14, AIRPORT AUTHORITY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
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16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action
will be taken by one motion without separate discussion of each item. If discussion is desired by a
member of the Board, that item(s) will be removed from the Consent Agenda and considered
separately.
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A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1.
Final Acceptance Of Water Utility Facilities For Seacrest School.
2.
Final Acceptance of Water and Sewer Facilities for Aston Gardens.
3.
Final acceptance of water utility facilities for Brittany Bay Apartments.
4.
Final acceptance of water & sewer utility facilities for Flamingo Fairways.
5.
Approval of one (1) impact fee reimbursement, totaling $41,600.05, due to building
permit cancellation - Amy Patterson, Impact Fee Manager.
6.
Final Acceptance Of Water Utility Facilities For St. John the Evangelist Catholic
Church.
8.
Final Acceptance Of Water Utility Facilities For Golf Club of the Everglades,
Final Acceptance Of Water Utility Facilities For Naples Lake Country Club, Tract
Three.
7.
9.
Grant a waiver of formal competition for the construction of an artificial reef with a
total cost not to exceed $50,000,
Page 4 of 9
10.
Recommendation to approve a Commercial Excavation Permit (AR 3853) for "Mirasol
Flowway and Water Management Lakes ", located in section 10,15, &22, Township 48
South, Range 26 East: bounded on the north by Lee County (Residential), on the
west by Parklands PUD, Terrafina PUD, and land zoned Agricultural, on the south by
Immokalee Road and the Cocohatchee Canal, and on the east by land zoned
Agricultural and by the Heritage Bay PUD.
11.
Quarterly Report to the Collier County Board of County Commissioners on the
activities related to the Job Creation Investment Program and the Advanced
Broadband Infrastructure Investment Program.
12.
The Board of County Commissioners sitting as the Community Redevelopment
Agency. Recommendation by the Community Redevelopment Agency that the Board
of County Commissioners of Collier County, Florida, to amend the Immokalee
Redevelopment Area Plan as necessary to allow for additional residential and
economic incentive programs.
13.
The Board of County Commissioners sitting as the Community Redevelopment
Agency. Recommendation by the Community Redevelopment Agency that the Board
of County Commissioners of Collier County, Florida, expand the boundaries of the
Immokalee Community Redevelopment Area.
14.
Board of County Commissioner's termination of Contract # 02-3317 with Henderson,
Young and Company for the Correctional Facilities Impact Fee Update Study.
B. TRANSPORTATION SERVICES
1,
To adopt a standard for bus shelters for the public transportation program.
2.
Approve three work orders and one supplemental Work Order for the Forest Lakes
Roadway and Drainage MSTU to Quality Enterprises USA, Inc" to Mitchell and Stark
Construction, to Kyle Construction Inc, in the total project amount of $667,470.00,
3.
A Resolution of the Collier County Board of County Commissioners (BCC)
authorizing the filing of the Trip and Equipment Grant Application with the Florida
Commission for the Transportation Disadvantaged (CTD),
4.
To accept the conveyance of Deeds for the right of way required for the construction
of a loop road around the Mission Hills PUD. (Fiscal Impact: $40)
5.
Approve two purchase agreements for the acquisition of right of way required for the
construction of a six-lane section of Collier Boulevard (CR-951) and intersection
improvements at Vanderbilt Beach Road (Project Nos, 63051 and No. 65061).
Estimated fiscal impact: $660,500.
6.
Recommendation that the Board terminate Contract # 03-3558 "Lely Golf Estates
M.S.T. U. Roadway Grounds Maintenance."
7.
Request that the Board authorize the Chairman to submit a request for a five-year
annual donation from Florida Power & Light for the Greenway project along the
transmission corridor (Rattlesnake Hammock-Radio Road) for $25,000 each year.
C, PUBLIC UTILITIES
1, Approve award of bid 04-3646 in the amount of $3,872,929 to Mitchell and Stark
Construction Company Inc., subject to Florida Department of Environmental
Protection approval for the construction of the force main and the reclaimed water
main along Goodlette Frank Road and Vanderbilt Beach Road Project 74077 and
72002.
Page 5 of 9
2.
Approve an amendment to Work Order JEI-FT-03-04-A for the Construction
Engineering Inspection Services to inspect the construction of the force main and
the reclaimed water main on Goodlette Frank Road and Vanderbilt Beach Road in the
amount of $160,700, Project 72002 and Project 74077.
3,
Cancel Hideaway Beach Access Improvements, Project 90511, and approve a budget
amendment to transfer $375,055 to the Reserves.
4.
Approve a Work Order Amendment, under Contract #01-3271, Fixed Term
Professional Engineering Services for Coastal Zone Management Projects, with
Humiston & Moore Engineers for Hideaway Beach Renourishment Permitting,
Project 90502, in the amount of $50,000.
D. PUBLIC SERVICES
1.
Approval of attached Certification of Application by the Board of County
Commissioners, and the signature of the Chairman, permitting the Collier County
Public Library to apply for a State Construction Grant to enlarge the Golden Gate
Branch Library.
2,
Approval of a Lease Agreement with the City of Naples for use of Station 1 for the
EMS Department at an annual cost of $25,800,
3.
Approval of a Sovereign Submerged Lands Lease Renewal with the Board of
Trustees of the Internal Improvement Trust Fund of the State of Florida for continued
use of the boat ramp and docking facilities at Caxambas Park at a first year cost of
$549.96,
4.
Approve a First Amendment to Lease Agreement with New York NewCo Subsidiary,
Inc. for a communication tower at Veterans Park.
5.
Approve a Budget Amendment appropriating $67,987 from the Emergency Medical
Services Fund 490 Reserves to reimburse Fund 490-144610 for attorney fees and
court reporting costs associated with contract negotiations,
6.
This item was previously continued from April 13, 2004 agenda. This is a
Recommendation that the Board of County Commissioners discussion of amending
Collier County COPCN Ordinance 2004-12 be continued until the June 22, 2004 BCC
meeting.
7.
Approve an Interlocal Agreement with the City of Naples for reciprocal beach parking
at an approximate annual expense of $400,000.
8,
Request the Board of County Commissioners approve a budget amendment
recognizing and appropriating a $6,000 donation from the American Heart
Association in the Emergency Medical Services Fund (490).
9.
Request the Board of County Commissioners approve a budget amendment
recognizing and appropriating a private donation of $6,980 in the Emergency Medical
Services Fund (490).
10.
Terminate contract #96-2489 "Pelican Bay Tennis Facility Concession Agreement"
with Lewis Tennis, Inc. for cause.
Page 6 of 9
E. ADMINISTRATIVE SERVICES
1.
Approval of a Lease Agreement with the Empowerment Alliance of Southwest
Florida Community Development Corporation for use of office space in the satellite
government building in Immokalee for revenue of $500 annually.
2.
Approve the termination of Contract No. 02-3377, "North Naples Government
Services Center", with Brooks and Freund, LLC for construction of the North Naples
Government Services Center,
3.
Report and ratify staff.approved change orders and changes to work orders to Board
-approved contracts.
4.
Recommendation to approve additions to the 2004 Fiscal Year Pay and Classification
Plan made from April 7, 2004 through April 30,2004.
Approve Extension of Contract 01.3204 "Real Estate Appraisal Services".
5.
6.
That the Board of County Commissioners award Bid No. 04-3570 for Fertilization
Services and Pest Control to: Personalized Pest Control, Inc. and Trugreen
Chemlawn.
7.
Confirm and consent to the re-assignment of BID No, 00.3154, "Household
Hazardous Waste Disposal Contractor" from US Liquids, Inc, to EQ Florida, Inc.
F, COUNTY MANAGER
1.
Approval of a Lease Agreement with Gulf Shore Associates, Limited Partnership, for
continued use of a Pelican Bay Services Division rooftop mounted antenna and
equipment room space at the Sun Bank building in Pelican Bay.
2.
Board of County Commissioners to authorize the transfer of ($2,931.13) donated by
Collier County hotels in FY 03 for the Meeting Professionals International (MPI)
events from Fund 194 Reserves to the operating account line in Fund 194 to be used
for advertising and promotional expenses for the 2004 MPI event and to approve a
Budget Amendment for $2,931,13,
3,
Approval of Budget Amendment Report. BA #04-243 - $20,000.
4.
Approve a Third Amendment to Lease Agreement with Gulf Shore Associates,
Limited Partnership, for the continued use of office space by the Pelican Bay
Services Division at an annual rental of $19,566, plus a CPI increase.
G, AIRPORT AUTHORITY
H. BOARD OF COUNTY COMMISSIONERS
.. -------------
1.
Commissioner Henning request for Board approval for payment to attend function
serving a valid public purpose, Ed Perico's retirement party; $35.00 to be paid from
Commissioner Henning's travel budget.
2.
Commissioner Fiala requests Board approval for reimbursement to attend a function
serving a valid public purpose - Leadership Collier Class of 2004 graduation
ceremonies on May 13, 2004 in the amount of $50.00. Funds to be reimbursed from
Commissioner's travel funds.
Page 7 of 9
I. MISCELLANEOUS CORRESPONDENCE
1.
J. OTHER CONSTITUTIONAL OFFICERS
Miscellaneous Items to File for Record with Action as Directed.
1,
Recommend that the Board of County Commissioners serve as the Local
Coordinating Unit of Government in the Florida Department of Law Enforcement's
Anti-Drug Abuse Act Formula Grant Program.
2.
That the Board of County Commissioners make a determination of whether the
purchases of goods and services documented in the Detailed Report of Open
Purchase Orders serve a valid purpose and authorize the expenditure of County
funds to satisfy said purchases. A copy of the Detailed Report is on display in the
County Manager's Office, Collier County Government Center, 3301 East Tamiami
Trail, W. Harmon Turner Building, 2nd Floor, Naples.
K. COUNTY ATTORNEY
1.
Approve Agreed Order and Authorize Payment of Appraisal Fees and Planning Fees
for Parcels 102 and 702 in the Lawsuit Styled Collier County v. Faith Bible Church of
Naples, Inc., et. aI., Case No, 99-2165-CA (Immokalee Road Project #69101),
2.
Approve Agreed Order and Authorize Payment of Planning Fees and Appraisal Fees
for Parcel 115B in the Lawsuit Styled Collier County v, Diane P. Haaga, et. al., Case
No. 03-0518.CA (Immokalee Road Project #60018).
3.
Approve Agreed Order and Authorize Payment of Planning Fees and Appraisal Fees
for Parcels 113, 713A and 713B in the Lawsuit Styled Collier County v. North Naples
United Methodist Church, Inc" et. aI., Case No, 02-1742-CA (Goodlette-Frank Road
Project #60134).
4.
Approve Agreed Order and Authorize Payment of Expert Fees and Costs for Parcel
112 in the Lawsuit Styled Collier County v. Norma E. Banas, et. aI., Case No. 02.5137.
CA (Immokalee Road Project #60018).
5.
Approve Agreed Order and Authorize Payment of Expert Fees and Costs for Parcel
120 in the Lawsuit Styled Collier County v. Calusa Pines Golf Club LLC, et. aI., Case
No, 02-5140-CA (Immokalee Road Project #60018).
6,
Approve Agreed Order and Authorize Payment of Appraisal Fees and Contractor's
Cost Estimate Fees for Parcels 117,133, 717A, 717B and 733 in the Lawsuit Styled
Collier County v. Calusa Bay Master Association, Inc., et. al., Case No, 02-2040-CA
(Goodlette-Frank Road Project #60134).
7.
Request by the Collier County Industrial Development Authority for approval of a
resolution authorizing the Authority to issue revenue bonds to be used to finance
educational facilities for Community School of Naples, Inc.
Page 8 of 9
17, SUMMARY AGENDA- THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET
THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2)
UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING
COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING;
3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER
COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR
TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO
BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE
ITEM. FOR THOSE ITEMS, WHICH ARE QUASIJUDICIAL IN NATURE, ALL PARTICIPANTS MUST
BE SWORN IN.
A. This item requires that all participants be sworn in and ex parte disclosure be
provided by Commission members. CU-2003-AR-3914, Ann Phillips Pre-School,
represented by Terrance L. Kepple,PE, of Kepple Engineering, Inc., requests
Conditional Use #3 of the RMF-6 district for an addition to an existing Child Care
Center. The property to be considered for the Conditional Use is located at 860 102nd
Avenue North, in the Naples Park Subdivision, in Section 28, Township 48 South,
Range 25 East, Collier County, Florida and consists of 0.46 acres.
B. This item requires that all participants be sworn in and ex parte disclosure be
provided by Commission members. DRI-03-AR-4987, Richard Bennett, represented by
Donald Pickworth, P. A" requesting to abandon the "Twelve Lakes" Development of
Regional Impact (DRI) because the project no longer meets the requirements to
qualify as a DRI in Collier County. The subject site is located on the north side of
Davis Boulevard (SR-84) and the south side of Radio Road (CR-856) in Section 4,
Township 50 South, Range 26 East, Collier County, Florida.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE
COUNTY MANAGER'S OFFICE AT 774-8383.
Page 9 of 9
AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
May 11. 2004
COrrection to Item SA: The Growth Management Plan (GMP) Impact for this item
Is incorrect as submitted, and a replacement page has been provIded.
Add Item 9D: Commissioner Coletta's request for Board approval for payment to
attend function serving a valid public purpose. Attend Sky truck's signing of the
Memorandum of Corporal/on Partnership between the EDC, Enterprise Florida and
the Republic of Poland In the State of Washington on May 20th. Approximate cost
$650.00 plus per diem. Expense to be reimbursed from Commissioner's travel
funds. (Commissioner Coletta request.)
Add Item fOE: RecommendatIon to approve an agreement for sale and purchase
for seven residential lots east of the County's Bayview Park at a cost not to
exceed $1.129,400. (John Ounnuck, Public Services Administrator.)
Items 16A12 and 16A13: The Board of County Commissioners Sitting as the
Community Redeveropment Agency.
Move Item 16(D)7 to 10D: Approve an Inter/ocal Agreement with the City of
Naples for reciprocal beach parking at an approximate annual expense of
$400,000. (Commissioner Coletta request.)
Time Certain Items:
Item SA to be heard at f :00 l1.m. PresentatIon by the Big Cypress Basin of the
South Florida Water Management District on the Basin's and District's Fiscal Year
2004-05 Proposed Budgets.
Item 8C to be heard at 11:00 a.m. PUDZ-2003-AR-3584, Robert Duane of Hole
Montes Inc., of Naples, representing Collier County Public SchoOls, requesting a
rezone from PUD to PUD for the purpose of amending the Orangetree PUD text,
(Ordinance number 91-43) to include "Public Educationai Plants and Ancillary
Plants" as a permitted use to the "Agriculture" (AG) district of the PUD.
Item 88 to be heard at 10:00 a.m. Consideration of an ordinance adopting a
recodification and revision of the County's land Development Code, to become
effective on August 30, 2004.
Item 10B to be heard at 1:30 p.m- Approve a Resolution authorizing the
submission of a low-interest State Revolving Fund (SRF) Loan Application to the
Florida Department of Environmental Protection (FDEP) for the construction of
Reclaimed Water Main and Force Main and Pump Stal/on Upgrade In the amount
of $7.351.000; and to Adopt the document called 'Collier County North County
Wastewater Reclamation Facility (NCWRF) Expansion Facilities Plan Update, May,
2004' to arrow the County to avail itself of row-interest SRF funds,
,,-
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
.-
PROCLAMATION
mental health is essential to everyone's overall physical health and
emotional well- being; and,
mental illness will strike one in five adults and children in a given year
regardless of age, gender, race, ethnicity, religion, or economic
status; and,
people who have mental illnesses can recover and lead full, productive
lives, and,
an estimated two-thirds of adults and young people who have mental
healt h disorders are not receiving t he help t hey need; and,
the cost of untreated and mistreated mental illnesses and addictive
disorders to American businesses, governments, and families has grown
to $133 billion annually; and,
community-based services that respond to individual and family needs
are cost-effective, and beneficial to consumers and the community;
and,
the National Mental Health Association, the Mental Health Association
of Collier County and its national partners observe Mental Health
Month every May to raise awareness and understanding of mental
healt h and illness.
NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier
County, Florida, that the month of May 2004, be designated as
MENTAL HEALTH MONTH
in Collier County, Florida, and call upon the citizens, government
agencies, public and private institutions, businesses and schools in
Collier County, Florida to recommit our community to increasing
awareness and understanding of mental health, and the need for
appropriate and accessible services for all people who have mental
illnesses,
DONE AND ORDERED THIS 11th of May, 2004.
ATTEST:
BOARD OF OOUNTY OOMMI SSI ONERS
OOlL! ER OOUNTY, FLORI DA
DONNA FI ALA, O1AI RMAN
OW I Gl-jT E. BROa<, QERK
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Agenda Item No. 4A
May 11, 2004
Page 1 of 2
Item Number
Item Summary
Meeting Date
Approved By
Sue Filson
Board of County
Commissioners
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
4A
Proclamation to recognize May 2004, as Mental Health Month. To be accepted
by Petra M, Jones, Executive Director of The Mental Health Association.
5/11/20049:00:00 AM
Executive Manager to the BCC
Date
Approved By
BCC Office
4/20/20044:22 PM
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
5/3/20046:41 PM
Agenda Item No. 4A
May 11, 2004
Page 2 of 2
_.
AìOQ.AMATION
WHEREAS, Cody Anderson, has worked tirelessly for many charitable causes,
devoting his time, energy, and unique character to each event;
and,
WHEREAS, Mr, Anderson has been creative in his approach to bring
recognition to his causes; and,
WHEREAS, Mr. Anderson, in 1979 created the "Walk For Life" , as he
walked 4,800 miles across the United States, pulling a 200 pound
covered wagon for the American Heart Association; and,
WHEREAS,
Mr. Cody Anderson, in 1989 continued his work, by pedaling 7,200
miles across the United States in a home made miniature space
shuttle in honor of O1rista McAuliffe and the crew of the
O1allenger to benefit "C.A. R.E. , calling this the "Pedal For Life";
and,
,-
WHEREAS, Cody Anderson, in May 2001, in his distinctive style, created the
"Flight For Lif e" when he par asai led f rom Marco Island, FL, to
S1. Petersburg, FL, to benefit The American Cancer Society.
NOWTHEREFORE, Be it proclaimed by t he Board of County Commissioners of
Collier County, Florida, that
Cody Anderson be recognized for
his self less service and dedicat ion tot he people of the
State of Florida.
DONE AND ORDERED THIS 11th day of May, 2004.
BOARD OF OOUNTY OOMMI SSI ONERS
OOLl! ER OOUNTY, FLORI DA
DONNA FI ALA, Q-IAI RMAN
ATTEST:
-------
OW I GHT E. BROCK, Q.ERK
,-...
Agenda Item No. 48
May 11 , 2004
Page 1 of 2
.---.,-
-'"-'-"~--"""'--"'- ,.",. ,.
,.,~..,.....",..,......
Item Number
Item Summary
Meeting Date
Approved By
Sue Filson
Board of County
Commissioners
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
48
Proclamation to recognize Cody Anderson for his selfless service and
dedication to the people of the State of Florida. To be accepted by Cody
Anderson,
5/11/20049:00:00 AM
Executive Manager to the BCC
Date
Approved By
BCC Office
4/30/200412:14 PM
James V, Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
5/3/2004 6:42 PM
Agenda Item No. 48
May 11, 2004
Page 2 of 2
,-
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
PROCLAMATION
internal auditors help their organizations meet their objectives by
monitoring risks and ensuring controls in place are adequate to mitigate
those risks; and,
internal auditors are a governance cornerstone and help their
organizat ions comply wit h new legislat ion and regulat ions f or enhanced
governance; and,
The I nst it ut e of I nt er nal Audit ors (II A), has appr oximat ely 90,000
members in more than 150 countries. The I nstitute is the
acknowledged leader in certification, education, research, and
technological guidance for the pr of ession war Idwide; and,
the counties 01 Lee, Collier, O1arlotte, Hendry, and Glades have 67
II A members in the Southwest Florida O1apter; and.
The I nstitute of I nternal Auditors established the Certified Internal
Auditor@ Program in August 1974, a recognized professional group to
enhance the recognition of internal auditing and further their
prof essional development and advancement; and,
The I nstitute is celebrating I nternational I nternal Audit Awareness
Mont h in May in t he year 2004.
-
NOW THEREFORE, be it proclaimed by the Board 01 County Commissioners of Collier
County, Florida, that they proclaim the month of Mayas
INTERNAL AUDI TOR AWARENESS MONTH
I invite the citizens of Collier County to join me in recognizing
professional internal auditors for their contribution.
DONE AND ORDERED THI S 11th day of May 2004.
ATTEST:
BOARD OF OOUNTY roMMI SSI ONERS
roLL! ER OOUNTY, FLORI DA
DONNA FI ALA, ŒiAI RMAN
OWl GHT E. BRGO<, a..ERK
~
Agenda Item No. 4C
May 11, 2004
Page 1 of 2
.. '-'-,--...,...-.
Item Number
Item Summary
Meeting Date
Approved By
Sue Filson
Board of County
Commissioners
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
4C
Proclamation to recognize the month of Mayas Internal Auditor Awareness
Month. To be accepted by Patrick Blaney, CFE, CPA, Internal Audit Director for
Collier County Clerk of Circuit Court,
5/11/2004 9:00:00 AM
Executive Manager to the BCC
Date
Approved By
BCC Office
4/30/200412:16 PM
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
5/3/20046:43 PM
Agenda Item No. 4C
May 11, 2004
Page 2 of 2
-
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
-
PROCLAMATION
emergency medical services teams are ready to provide lifesaving care
to those in need 24 hours a day, 7 days a week; and,
emergency medical services t earns consist of emergency medical
technicians, paramedics, firefighters, emergency physicians, emergency
nurses, educators, first responders, administrators, and others; and,
these emergency medical services teams serve our country with bravery
and heroism and defend the nation when called upon; and,
access to quality emergency care dramatically improves the survival and
recovery rate of those who experience sudden illness and injury; and,
providers of emergency medical services have traditionally served as
the safety net of American's health care system; and,
t he members of emergency medical services teams, whet her career or
volunteer, undergo thousands of hours specialized training and
continuing education to enhance their lifesaving skills; and,
Americans benefit daily from the knowledge and skills of these highly
trained individuals; and,
injury prevention and the appropriate use of the emergency medical
services system will help reduce health care cost and save lives.
NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier
County, Florida that May 16-22,2004, be observed as
EMERGENCY MEDI GAL SERVI CES WEEK
and encourage everyone to extend their greetings and best wishes to
all emergency medical services t earns.
DONE AND ORDERED THI S 111h of May, 2004.
ATTEST:
BOARD OF COUNTY COMMI SSI ONERS
COLLI ER COUNTY, FLORI DA
DONNA FI ALA, O1AI RMAN
DWI GHT E. BROO<, CLERK
-
Agenda Item No. 40
May 11, 2004
Page 1 of 2
'."..""0..">_""-' H"'" ..- -....
Item Number
Item Summary
Meeting Date
Approved By
Sue Filson
Board of County
Commissioners
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
40
Proclamation to designate the Week of May 16-22, 2004 as Emergency Medical
Services Week. To be accepted by John Ounnuck, Public Services
Administrator for Collier County.
5/11/20049:00:00 AM
Executive Manager to the BCC
Date
Approved By
BCC Office
5/3/2004 4:03 PM
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
5/3/2004 6:44 PM
Agenda Item No. 40
May 11, 2004
Page 2 of 2
,-
PROCLAMATION
WHEREAS, the Oceans for Youth Foundation was formed in Collier County in
1998 and i ncor par at ed in 1 999 to educat e young people about
the wonders of our World's oceans; and,
WHEREAS,
the mission of Oceans for Youth is to promote awareness.
understanding, leadership and appreciation for the marine
environment through the development, promotion and distribution
of educational materials, programs and other media directly to
yout h; and,
WHEREAS, through education, youth and their families will learn to
appr eci at e t he need tor espect and conser ve our wat er
resources; and,
WHEREAS, the primary goal is to interest and prepare youth for the joy and
excitement of exploring and protecting the underwater world,
ut ilizi ng educat ional inst it ut ions, teacher s, par ent sand
volunt eer s; and,
WHEREAS, funding for Oceans for Youth Foundation is funded through
grants, donations, special fund raising events and income
associated with royalties and licensing agreements for Supplied
Air Snorkeling for Youth (SASY) and adults (SASA).
-
NOW THEREFORE, be it proclaimed by the Board of County Commissioners of
Collier County, Florida, t hat week of May 10 - 16, 2004 be
designat ed as
OCEANS FOR YOUTH FOUNDATION WEEK
and encourage everyone to participate in the festival of
Underwater Films at Gulf Coast High School on Saturday evening,
May 15th.
DON E AN D ORDERED TH I S 11 t h Day of May 2004.
BOARD OF roUNTY roMMI SSI ONERS
roLL! ER roUNTY, FLORI DA
DONNA FI ALA, Q1AI RMAN
ATTEST:
DWI GHT E. BROa<, QERK
,-
Agenda Item No. 4E
May 11 2004
Page 1 of 2
----'-'-'---'--'._-""'.."",. ,.
,- ...".,.,
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
4E
Item Summary
Proclamation proclaiming the week of May 10 - 16, 2004 as Oceans For Youth
Foundation Week.
Meeting Date
5/11/2004 9:00:00 AM
Prepared By
Sue Filson
Executive Manager to the BCC
Board of County
Commissioners
BCC Office
Approved By
James V, Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
5/5/2004 1 :24 PM
Agenda Item No, 4E
May 11, 2004
Page 2 of 2
-
EXECUTIVE SUMMARY
Presentation by the Big Cypress Basin of the South Florida Water Management
District on the Basin's and District's Fiscal Year 2004-05 Proposed Budgets
OBJECTIVE: For the Board of County Commissioners to provide input after
presentation and discussion of the Proposed Fiscal Year 2004-05 Budgets of the Big
Cypress Basin and the South Florida Water Management District.
CONSIDERATIONS: The South Florida Water Management District is working
cooperatively with Collier County on several projects, The District has requested to
provide the Board with a presentation on the highlights of both the District's and the Big
Cypress Basin's Fiscal Year 2004-05 Proposed Budget, focusing on projects and
programs affecting Collier County. Additionally, the District is soliciting input from the
Board of County Commissioners and interested citizens before adoption of their Fiscal
Year 2004-05 Final Budget. Local partnerships, joint projects and mutual interests will be
discussed.
--
FISCAL IMPACT: There is no direct fiscal impact associated with this presentation
and discussion.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact
associated with this presentation and discussion.
RECOMMENDATION: That the Board review the Big Cypress Basin and South
Florida Water Management District presentation and provide comments as requested.
.--
Agenda Item No. 5A
May 11, 2004
Page 1 of 2
.--.....--...-..
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
5A
Item Summary
This item to be heard at 1 :00 p.m. Presentation by the Big Cypress Basin of the
South Florida Water Management District on the Basin's and District's Fiscal
,. Year 2004-05 Proposed Budgets,
Meeting Date
5/11/20049:00:00 AM
Prepared By
Winona W. Stone
Assistant to the County Manger
Board of County
Commissioners
County Manager's Office
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
4/30/20048:33 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
5/3/2004 6:39 PM
Agenda Item No. 5A
May 11, 2004
Page 2 of 2
.-
~
COLLIER COUNfY MANAGER'S OFFICE
3301 East Tamiami Trail - Naples, FL 34112 - 239-774-8383 - Fax 239-774-4010
April 20. 2004
Mr. Matt Johnson
East Naples Fire Department
4798 Davis Boulevard
Naples, FL 34114
Re: Public Petition Request to Discuss Firefighters Fund Raising for The Muscular
Dystrophy Association
Dear Mr. Johnson:
-
Please be advised that you are scheduled to appear before the Collier County Board of
Commissioners at the meeting of May 11, 2004, regarding the above referenced
subject.
Your petition to the Board of County Commissioners will be limited to ten minutes.
Please be advised that the Board will take no action on your petition at this meeting.
However, your petition may be placed on a future agenda for consideration at the
Board's discretion. Therefore, your petition to the Board should be to advise them of
your concern and the need for action by the Board at a future meeting.
The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W.
Harmon Turner Building (Building "F") of the government complex. Please arrange to be
present at this meeting and to respond to inquiries by Board members.
If you require any further information or assistance, please do not hesitate to contact this
office,
~rely, ~
~~~ý
YJames V. Muad
County Manager
JVM/jb
cc: David Weigel, County Attorney
.--.
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Agenda Item No. 6A
May 11, 2004
" t ." Page 1 of 2
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i~ECEIVED COUI-JTY ~A'" ',GER OFFlrr;:
,
.--... .---.-
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Reauest tttSOeak under Pubftt Petition
APR 2 L 2U~1
Please print
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Name: M~-::;¡.fNJOr/ J ~<¡ dyf¡ ¿~l~
Address: /J
C(7'fY t/lW( ( 13 (veX::..
1I~.1J1v f:L, JY/l1
Phone: 3,:) - C( 71 (~Þ1£.) 77Y" 7(1 ( (e..AJJ<Jc:)
.. .. ~(/'Y
Date of the Board Meetina YOU wish to speak:
Please exp@jn in detail the reason you are reauest,na to speak (attach additional
paae if necessary):
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s~c.k U S-W---'LI!:L. V¡::'C-'lc.~ ,~ :':.,~~'V¿:?,
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Please explain in detail the action vou are askjna the Commission to take (attach
additional paae IT necessary):
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Q It Go / Ie.e.-I- ~ n.ß..r t:I ¡ 1/ tt:. tt:: ( I ¿
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H:\Public Petition Request Form.doc
Agenda Item No. 6A
May 11, 2004
Page 2 of 2
/"-
~
COillER COUNfY MANAGER'S OFFICE
3301 East Tamiami Trail 8 Naples, FL 34112 8 239-774-8383 8 Fax 239-774-4010
April 27. 2004
Ms. Kathy Herrmann
Chief Executive Officer
The Shelter for Abused Women & Children
P.O. Box 10102
Naples, FL 34101
Re: Public Petition Request to Discuss a Formal Funding Request for The Shelter for
Abused Women & Children
Dear ~£ann:
Please be advised that you are scheduled to appear before the Collier County Board of
Commissioners at the meeting of May 11 2004, regarding the above referenced
subject.
Your petition to the Board of County Commissioners will be limited to ten minutes.
Please be advised that the Board will take no action on your petition at this meeting.
However, your petition may be placed on a future agenda for consideration at the
Board's discretion. Therefore, your petition to the Board should be to advise them of
your concern and the need for action by the Board at a future meeting.
The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W.
Harmon Turner Building (Building "F") of the government complex. Please arrange to be
present at this meeting and to respond to inquiries by Board members.
If you require any further information or assistance. please do not hesitate to contact this
office.
Sincerely,
~
JVM/jb
cc: David Weigel, County Attorney
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Agenda Item No. 68
May 11, 2004
" t ,Y Page 1 of 4
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April 23, 2004
SHELTER FOR ABUSED WOMEN & CHILDREN
NBre(j/.:illg the (I'de of aUllse, building hope", N
HECc:VEDCOI; 'TY~'!. '"GER
. ' . '. ", OFF;";:.
'.'.--
Mr. James Mudd
County Manager
Collier County Government
Tamiami Trail
Naples, Fl
Art< 2 ~ 200;
.~i¡.~ Pub\;L - f...ebj}'p^-
"""LE- "- '.",
Dear Jim:
Shelter representatives and I have been meeting with commissioners
individually, We have already met with Com. Halas, Henning & Fiala. We have
meetings scheduled with Com. Coletta and Coyle on May 1o, We were told that the
process to get on the agenda of a BOCC meeting is to make the request to you,
The Shelter for Abused Women & Children would like permission to be added to
the agenda of a BOCC meeting for the purpose of making a formal funding request.
While we understand that our request is subject to your approval and availability of time
on the agenda, our preference would be the May 11 th meeting.
Our presentation could be delivered in as little as 5 to 7 minutes (we haven't
finalized and clocked it yet). It may take more time, however, if the commissioners have
any questions or comments.
I have attached for your information a blown up version of a small leaflet we are
distributing regarding our request. We have given a copy to the commissioners with
whom we have met.
Thank you, Jim, for considering our request. If you have any questions my direct
line and after hours is 280-1352.
I
1-
With Personal Regards,
, /
I, /
t ~'~t¿~,¿.~
(.
rrmann
¡ef ecutive Officer
-,/
cc:
Dina Sewell, Susan Golden, Frankie Anne Tester, Fran Mankiewicz,
P.O. Box 10102, Naples, FL 34101239-775-3862, Fax 239.7:5-3061 I 24-Ho~r Crisis. Lin~ 239.775.1101 I Irnmokalee O)§.'9ð~á~.1tgo m?~g5-4265
OptJons Thrift: Shoppe, 968 Second Avenue I'orth, Naples, FL ,,4102 2,,9-4,,4-7115 ! www.napiessh~ter.org , info@'M'ã9R1\r:'~O4
Ee SheJrer for Abuse¿ Wcme~ & Chi'Óen is grateful fo: fending frorr. United Way of Co:),er County, Department of ChJdrtn and Farnly Se"'~es (Dorr.mic V'ole~ce Page¡)~<bfv4 contributo~.
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On t~, May 11th, at 9:00 ~~ni.h SheIter'for
Abused:Wom$1 & Chiktr,n will_the Board of
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, to sheIt8r 60 county ~ I~ ~ 'each ~ .
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COlliER COUNIY MANAGER'S OFFICE
3301 East Tamiarni Trail 8 Naples, FL 34112 8 239-774-8383 8 Fax 239-774-4010
..
April 29, 2004
Tammie Nemecek
Executive Director
Economic Development Council
3050 North Horseshoe Drive, Suite #120
Naples, FL 34104
Re: Public Petition Request to Seek the Direction of the BCC for a Fiscal Stability Study
for Collier County
Dear Ms. Nemecek:
-
Please be advised that you are scheduled to appear before the Collier County Board of
Commissioners at the meeting of May 11, 2004, regarding the above referenced
subject.
Your petition to the Board of County Commissioners will be limited to ten minutes.
Please be advised that the Board will take no action on your petition at this meeting.
However, your petition may be placed on a future agenda for consideration at the
Board's discretion. Therefore, your petition to the Board should be to advise them of
your concern and the need for action by the Board at a future meeting.
The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W.
Harmon Turner Building (Building WF") 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.
JVM/jb
cc: David Weigel, County Attorney
".--.
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Agenda Itern No. 6C
May 11, 2004
" t ," Page 1 of 3
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04/29/2004
11:07
2003-2001
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E>*VIi-e Yo:<: """'ident,
Gullcoðl! bgion
Woe!l.,.,;a 8o~k
1mIMcIa18 Palf ~
Fmd I't=shkan
PrftÌd~' &. ceo
Krcfl ContlTvClion Coml'8/1'f. Int;,
c:haimIoft deer .
Tom Corncode
Yo.., Presidelli.
Gowemrr>mtol Nroirl
CðI~... Enl~
becuIM DirwcIar
Tommie 1. Ncma:dc
!conomc O_Iopm..,t CoIIn.;1
0( Collier C""nly
Vb~
Brad Iocn
Ctlle! Fina..oal Of!Icer
8orl'O1 CoI~. Companiel
s.ephen t. Priat
Presidenl &. ŒO
Plando Cammunlly IIonk
JamaWomlœn
Oief Fironòðl 0fIi~ &.
~ Yoœ "'-ident
NCH HlIDhhccn s,.s1em, 'nc.
DW'edan
Ron Albtir
Geretal MOl'lCloer
Thr Rto. i-.y Rt-.sort &. Club
a..ddy W. Brun1cc<
Public. Affg;"
Sprint
Lauro Dñ<on
Ctlief Executnoe OIF-
Haynrs Cor",,""ion
Todd Go,.,
"-ident
GoIro MtN"" 8vi1cl~. lroc.
Corol Giran:lin
Farl".,.
GiTon;jin, &.illn' &. 8C11dwm, LLC
David Hor!
V\œ Premln!,
Gofttftmenlal JIto.lal!on"
WC! ÇQmmuni~..
N'lCIIoIas J. Healy, Jr.
PresId,,",
A"., Mano IJnivmlty
~ LQW8
ConlroU.,
CI-'cnd Clinic;
AoMdo Holpilal Naples
Tom Porry
Sr. vICe I'retidenl &. Gene.el C"""",,
Htclttl Man~ ^ooociatM. Inc.
Or, ~hord P'egnetlet
o.an. ColleGe ðf B..,..;n('SI
Flondo Gulf Coos! UnÏWl'tÍfll
Julie: !Ichm..uJ.
S<:nIQr VIti rmtd8l1l and
s.,,;or Ct.enl MaI'lClC er
Bank ðf "mc:ric:a
D""idw.,bb
President &. C~o, Nopln/Ft. My.on
Firs! NatIonal llanlr nI Plorida
-- ----------- - -
2392636021
PAGE
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ECONOMIC OEM I..C)f'M!NfCOUNCL
( ~ COW Et( ':;:OC.N1Y
I'W\.I!S, I'\O!I:!I)A.
MJtCW)e5 CrT r - GOIÞEI'I,:wi
I¡.\MOI(.i.I..E!' MAACOISIA"4O
April 29, 2004
3050 Nor!tI """":shoe OrNe, !ui11120
' gpIel, FIondo 3A 1 OoC,I.M
Pho,.: (239) 26S-696'
F~; (239)263-6021
Toll If...: 1.866,~~
--moil: <>dc@.NapIll8F1orido.com
www.e-!\aplcsFloridQ.<;Qm
James Mudd
County Manager
Collier County
3301 Eo Tamia.mj Trail
Naples, Florida 34112
Dear Mr. Mudd:
Thc Economic Development Council of Collier County (EDC)
respectfully requests permission to come before the Board of County
Commissioners for presentation of the enclosed public petition.
The EDC seeks the direction of the Board of County Commissioners to
authorize theEDC to institute the means, both reasonable and necessary,
for a Fiscal Stability Study for Collier County. The scope of the study
will include a comprehensive look at the economic impact on the local
economy through a variety ofrcvcnue generating sources.
Through the PubliclPrivatc Partnership, the EDC will provide an
independent resource to comp1ete the study through the selection and
hiring of a highly-qualified economist. designate the parameters for the
scope of the study and upon conclusion of the study. report the results
back to the Board of County Commissioners at a public workshop.
As a partner of the Board of County Commissioners, we have shown
through your leadership and the EDC resources that by working together
we can each benefit for the long term sustainability of Collier County.
Thank you for your prompt action on this matter. We look forward to your
response.
Agenda Item No. 6C
May 11 , 2004
Page 2 of 3
B4/29/2BB4 11:07
2392636B21
PAGE 134
Reauest to Speak und~r Public Petition
Please print
Name:
Nemecek
Address:
3050 North Hors shoe Drtve, Suite 120
Naples, Florida 104
Phone: (239) 2 3-8989 ext. 101
ou wish to s eak:
May 11, 2004
The Economic evelopment Council of Collier County (EDC) respectfully requests direction
of the Board of ounty Commissioners to authorize the EDC to judiciously select and hire a
qualified econ ist to perform a comprehensIve evaluation of the fiscal stability of Gollier
County (Fiscal tabmty Study). The scope of the study will Incorporate correlative
components s h as: economIc impact on the local economy by means of revenue
generation, inc ding, but not limited to: ad valorem taxes, gas taxes, sales taxes impact
fees and touris taxes, etc; degree of sustainability for each sector incurring such fees; and
observations a d evaluations of other areas which have already implemented a comlparable
ing strategy through a variety of revenue sources.
Please e lain í detail the action ou are askin the Commission to take attach additio
neceSSIJrv):
~ae if
The EDC, requ ts direction by the Board of County CommissIoners (BCC) to Coun~, staff to
move forward Ith a FIscal Stability Study directed by the EDC and funded by the County
through the Pu lIc/Private Partnership between the EDC and the BCC. At the directicm of the
BCC, the EDC ill return to the Board on June 22, 2004 with a recommendation of a
consultant to rfonn the study along with the associated costs.
Agenda Item No, 6C
May 11, 2004
Page 3 of 3
- ------, " -".
EXECUTIVE SULVILVIARY
PUDZ-2003-AR-4390 lmmokalee Senior Housing, Ltd. represented by Rick J, Joudrey, P.E., of
Davidson Engineering, lnc" requesting: 1) Rezoning from the (RMF-6) Residential Multi-family
zoning district to RPUD to allow development of a maximum of 119 multi-family dwelling
units, limited to rental units within an "independent living residence facility" for the elderly for a
project to be known as the Immokalee Senior Housing POD; and 2) Consideration and approval
of an Affordable Housing Density Bonus Agreement authorizing the developer to utilize
Affordable Housing Bonus Density units (in the amount of 59.52 units at 8 bonus density units
per acre) in the development of the project. Property is located on the east side of 11 th Street
North just south of Lake Trafford Road and Highland Elementary School in Section 33,
Township 46 South, Range 29 East, Collier County, Florida, consisting of 7.44:!: acres.
OBJECTIVE:
To have the Board of County Commissioners determine whether the requested rezoning for the
Immokalee Senior Housing POD is consistent with the Collier County Growth Management Plan
and the Land Development Code and is in the best interest of the community.
CONSIDERATIONS:
-
The petitioner wishes to rezone 7.44:!: acres of land culTently zoned Residential Multi-Family 6
(RMF-6) to Residential Planned Unit Development (RPUD) for a project to be known as the
Immokalee Senior Housing POD. The project proposes a maximum of 119 multi-family
dwelling units. Along with the requested rezoning action, the petitioner is also seeking approval
of an Affordable Housing Density Bonus Agreement (AHDBA) authorizing the developer to
utilize Affordable Housing Density Bonus units in the development of this project.
The subject property is located on the east side of 11th Street North, just south of Lake Trafford
Road and Highland Elementary School in Section 33, Township 46 South, Range 29 East,
Collier County, Florida.
The petitioner received a low interest, fifty-year loan from the U.S. Department of Agriculture
(USDA), an Affordable Housing Program grant from the Federal Home Loan Bank of
Cincinnati, Low-Income Housing Tax Credits, and a Community Development Block Grant
from Collier County to develop this project. The petitioner states that construction must begin
this summer for the project to remain in compliance with Florida Housing requirements for the
Low-Income Housing Tax Credits. In addition, the petitioner says that the application to HUD
must be submitted in June, and before that application can be submitted, the site must be
properly zoned. If the POD zoning is not in place when that application is due to HUD, the
petitioner must wait another year to try for the project.
,-.
This petition's hearing schedule has been expedited to accommodate the financial constraints.
Staff has scheduled this petition for a Collier County Planning Commission (CCPC) hearing on
May 6, 2004, and a Board of County Commissioners' hearing on May 11, 2004.
Agenda Item No. 8A
May 11, 2004
Page 1 of 113
PUDZ-2003-AR-4332. Colonades at Santa Barbara PUD Executive Summary
Page 1 of 4
Due to time constraints caused by the petitioner's contractual obligations, there was not adequate
time to allow another "round" of review between staff and the applicant to address outstanding
issues. Rather than delay the hearings, staff proposed a PUD document to the CCPC that was
drafted by staff. At this time, there are several areas of disagreement between staff and the
applicant regarding that PUD document. These issues are discussed at length in the staff report,
and will be discussed further at the CCPC hearing. If consensus has not been reached at the end
of the CCPC hearing, the issues will be need to be resolved by the Board of County
Commissioners at the May 11, 2004, hearing.
The issues are listed below:
1) Enhanced bufferingnThe petitioner is not in agreement regarding the enhanced buffering
that staff is recommending be provided.
2) Deviation #2nStaff is not supporting Deviation #2 and is instead recommending that a
more intense buffer be employed to address compatibility concerns. The petitioner objects to
staffs position.
3) Setback requirements-- The petitioner disagrees with the setbacks proposed in the staff
PUD document.
4) Garages-Staff is recommending that garages not be allowed. The petitioner wants to
have garages as an accessory use.
5) Installation timing for the landscape buffer-The petitioner does not want to install the
buffering for the entire project as part of the first phase, as required in Section 4.lO,E.
6)
Requirement to provide a van-The petitioner objects to this stipulation,
FISCAL IMPACT:
The approval of the PUD by and of itself does not have a fiscal impact on the County. The fiscal
impact occurs as development occurs. The fiscal impacts of development are addressed through
the payment of impact fees that are collected after the zoning is approved. The County collects
impact fees prior to the issuance of building permits to help offset the impacts of each new
development on public facilities. These impact fees are used to fund projects in the Capital
Improvement Element needed to maintain adopted Levels of Service (LOS) for public facilities.
In the event that impact fee collections are inadequate to maintain adopted Levels of Service, the
County must provide supplemental funds from other revenue sources in order to build needed
facilities.
,-'
Development takes place in an environment of concurrency management. When Level of
Service requirements fall below adopted standards, a mechanism is in place to stop b.uilding
activities. Certain LOS standards apply countywide and would therefore bring about a
countywide concurrency determination versus roads that may have local geographic concurrency
implications.
PUDZ-2003-AR-4332. Colonades at Santa Barbara PUD Executive Summary
Page 2 of 4
Agenda Item No, 8A
May 11, 2004
Page 2 of 113
This project seeks to develop a maximum of 35,000 square feet of office use floor area, however
it is not known whether that amount of area will ultimately be developed; impact fee payments
vary by land use type and this zoning approval does not provide the level of specificity to
determine how the site will eventually be developed. Zoning approval grants the developer the
ability to choose from a list of approved uses, however, the actual use determination is not
provided to county staff until much later in the development process.
The development of the property may result in future fiscal impact on County public facilities.
however, it is important to note that the petitioner is reducing the intensity of the project from the
originally approved potential squarc footage of development. Therefore the associated fiscal
impact, including all applicable impact fees, wil1 be less than or equal to the original estimated
fiscal impact, excluding changes due to rate schedule increases. Additional1y, there is no
guarantee that the project at build out will maximize its authorized level of development.
Other fees will include building permit review fees, Fire Protection Impact Fees, Water and
Sewer Impact Fees and other utility fees associated with connecting to thc County's sewer and
water system. Finally, the developed residential units will be required to pay ad valorem taxes.
GROWTH MANAGEMENT PLAN (GMP) IMPACT:
. designated Golden Gate Commercial In-fill Subdistrict, as ident"
the Golden Gate Area a of the Growth Manageme lStrict
was expanded to include the subject site e for this site (Growth
Management Plan Amendment peUtion CP- r specific and are the
result of considerable scrutin -2000- 7 through the public s. The
PUD documen . criteria therefore the petition is consistent with the
M an. ~h.~ bl.\ ~ 3A 4- 3B
E~VIRONl\1ENTAL ISSUES:
The Environmental Review staff has reviewed the petition and the PUD document and addressed
any concerns within the POD document and the Master Plan. This petition was not required to
submit an Environmental Impact Statement because of Íls small size; therefore the petition did
not need to be heard by the Environmental Advisory Council.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION:
This petition will be heard by the CCPC on May 6, 2004. The report of that meeting will be
provided orally at the Board of County Commissioners hearing. .
ST AFF RECOMMENDATION:
.-
Zoning & Land Development Review Services staff recommends that the Collicr County
Planning Commission forward Petition PUDZ-2003-AR-4390 to the Board of County
Commissioners with a recommendation that this petition be deemed consistent with the GMP,
PUDZ-2003-AR-4332. Colonades at Santa Barbara PUD Executive Summary
Page 3 of 4
Agenda Item No. 8A
May 11, 2004
Page 3 of 113
I.
I
GROWTH MANAGEMENT PLAN (GMP) IMPACT:
Future Land Use Element:
Comprehensive Planning Staff has reviewed this petition and has provided a memo
dated April 6, 2004 that contains their analysis and recommendation. That memo is
quoted as follows.
The subject property is designated Urban Residential, High Residential District, on
the hnmokalee Area Master Plan (lAMP) Future Land Use Map of the Growth
Management Plan (GMP), Relevant to this petition, this district pemlÎts residential
development at a maximum density of eight (8) dwelling units per acre (DU/ A),
and subject to any eligible density bonus.
The High Residential District allows for a base density of less than or equal to eight
(8) DU/A. The provision of affordable housing units may add up to 8 units per
gross acre to the base density, not to exceed sixteen (16) units per acre. The
applicant has submitted an Affordable Housing Density Bonus Agreement
concurrent with this rezone petition requesting 8 DU/ A and commits to providing a
100 percent affordable housing project.
Base Density
Affordable Housing Density Bonus
Total Density
8du/a
+8du/a
16 du/a
Pursuant to the Financial Administration and Housing Department memorandum
dated April 2, 2004, the applicant has demonstrated eligibility for that 8 DU/ A and
is consistent with section 2,7.7 of the Land Development Code (LDC) and Housing
Element of the GMP.
FLUE Policy 5.4 requires new land uses to be compatible with, and complementary
to, surrounding land uses. Though acknowledging the need for affordable housing,
as clearly stated in the Housing Element, staff notes the requested density of 16
DU/ A is significantly higher than that of the adjacent properties. Also, where
abutting some residential uses, it appears that minimal setbacks and buffers are
proposed. Further, the buildings are large in mass and oriented broadside towards
the adjacent single-family residential development.
Comprehensive Planning leaves the final detennination of compatibility to the
Zoning and Land Development Review staff as part of their review of the petition
in its entirety. However, staff would note that in reviewing the appropriateness of
the requested uses/densities on the subject site, the typical compatibility analysis
would include a review of both the subject proposal and surrounding or nearby
properties as to allowed use intensities and densities, development standards ß "~l H
(building heights, setbacks, landscape buffers, etc.), building mass, building ePl..A£!.e. 5 (7f OWT
location and orientation, architectural features, amount and type of open space and n111-"'4ð-f/tl,lIJr Y/AI\l
location, traffic generation/attraction, etc. In viewing surrounding properties, gross J:¡r,1/¡G.f.11
density and/or net density might be evaluated, and density averaging might be
employed.
ITEM
i.,.'~1 11 2004
Øn aA
~
-.. .--.----
CONCLUSION: Based upon the above analysis, and subject to a compatibility
determination by the Zoning and Land Development Review Department,
[Comprehensive Planning Department] staff concludes the proposed uses and
density may be deemed consistent with the lAMP.
Transportation Element:
Transportation staff has reviewed- the applicant's Traffic Impact Statement (TIS)
evaluating the potential transportation impacts of the petition in relationship to GMP
Transportation Element, Policies 5,1. and 5.2, and has offered the following analysis:
Policy 5.1.. "The County Commission will review all rezone requests with
consideration of their impact on the overall system, and shall not approve any such
request that significantly impacts a roadway segment already operating and/or
projected to operate at an unacceptable Level of Service within the five year
planning period, unless specific mitigating stipulations are approved. Traffic
analyses to determine significant project impact shall use the following to
determine the study area:
a. On links (roadway segments) directly accessed by the project where project
traffic is equal to or exceeds 3 percent of the adopted {Level of Service] LOS
standard service volume;
b. For links adjacent to links directly accessed by the project where project traffic
is equal to or exceeds 3percent of the adopted LOS standard service volume
c. For all other links the project traffic is considered to be significant up to the
point where it is equal to or exceeds 5 percent of the adopted LOS standard service
volume.
Policy 5.2: Project traffic that is less than 1 percent of the adopted peak hour
service volume represents a de minimis impact.
Upon review ofrezone petition PUDZ-2003-AR-4390, Transportation staff recommends
approval based on the following facts:
This petition is for a rezone ftom RMF-6 to a PUD allowing 16 units per acre for a total
of 119 units of financially feasible affordable housing for senior citizens. The TIS for
this petition projects a total of 847 trip ends on a weekday and a maximum of 88 PM
peak hour trips. The project access point is on Eleventh Street North in hnmokalee.
Eleventh Street North connects to Lake Trafford Road and then onto SR 29 which are
roadway segments identified on the County's Annual Update Inventory Report (AUIR)
list. The new peak hour directional trips introduced onto Lake Trafford Road and SR29 IJ II
are 2.3 percent and 2.5 percent of the existing capacity respectively. Therefore, this (ePL.A~~$ ~"'T
petition appears to be consistent with policy 5,1 and not applicable to policy 5.2. mAoI{AG-Eh1el(]ï flit-tV
-~~~l~
AGgNþA ¡TEM
No.--8'..lL-.- -
I' . 1'i 1M£,
101,... i i ""'"'
Þn s-
and further that the rezoning request from "RSF-6" to POD be approved, with thc limitations
contained in the staff POD document to address compatibility. Otherwise, staff could not
recommend approval of this petition because the project would not be consistent with GMP
Policy 5.4., and thus not consistent with the overall GMP, which is a paramount requirement
necessary to support any recommendation for approval.
Staff also recommends that the agreement authorizing affordable housing density bonus units be
approved subject to the development limitation set forth in staffs POD document.
.-
PUDZ-2003-AR-4332. Colonades at Santa Barbara PUD Executive Summary
Page 4 of 4
Agenda Item No. 8A
May 11, 2004
Page 4 of 113
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
SA
This item requires that all participants be sworn in and ex parte disclosure be
provided by Commission members PUDZ-2003-AR-4390 Immokalee Senior
Housing, Ltd. represented by Rick J. Joudrey. P.E., of Davidson Engineering.
Inc, requesting 1) Rezoning from the (RMF-6) Residential Multi-family zoning
district to RPUD to allow development of a maximum of 119 multi-family
dwelling units, limited to rental units within an "independent living residence
facility" for the elderly for a project to be known as the Immokalee Senior
Housing PUD; and 2) Consideration and approval of an Affordable Housing
Density Bonus Agreement authorizing the developer to utilize Affordable
Housing Bonus Density units (in the amount of 59.52 units at 8 bonus density
units per acre) in the development of the project. Property is located on the east
side of 11 th Street North just south of Lake Trafford Road and Highland
Elementary Seilool in Section 33. Township 46 South, Range 29 East, Collier
County, Florida, consisting of 7.441: acres.
5i11/2004 9:0000 AM
Prepared By
Kay Deselem. AICP
Community Development &
Environmental Services
Principal Planner
Apprond By
Zoning & land Development Review
Susan Murray. AICP
Community Development &
Environmental Services
Zoning & land Development Director
Date
Apprond By
Zoning & land Development Review
4/23/2004 1 :02 PM
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
4;23;20043:29 PM
Apprond By
Date
Ray Bellows
Community Development &
Environmental Services
Chief Planner
Zoning & land Development Review
4/26i2004 11 :48 AM
Appro\"ed By
Date
Mark Isackson
County Manager's Office
Budget Analyst
Office of Management & Budget
5/3120049:02 AM
Date
Approved By
Michael Smykowski
County Manager's Office
Management & Budget Director
Office of Management & Budget
514120049:04 AM
Date
Apprond By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
5/4120046:34 PM
Agenda Item No. 8A
May 11, 2004
Page 5 of 113
Co~r County
- ~~ -
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
HEARING DATE: MAY 6, 2004
SUBJECT:
PETITION PUDZ-2003-AR-4390-IMMOKALEE SENIOR HOUSING PUD
AGENT/APPLICANT:
OWNER:
Allen and Barbara Fish
321 W. Main Street
Immokalee, FL 34142-3930
CONTRACT PURCHASER/PETITIONER:
Immokalee Senior Housing, Ltd.
170 E. Center Street
Marion, OH 43301-1806
AGENTS: Rick J, Joudrey, P.E,
Davidson Engineering, Inc.
2154 Trade Center Way, Suite 3
Naples, FL 34109
Tim Hancock
Talon Management, Inc.
3898 Tamiami Trail N., Suite 202
Naples, FL 34103
REQUESTED ACTION: The petitioner wishes to rezone 7.44::1: acres of land currently zoned
Residential Multi-Family 6 (RMF-6) to Residential Planned Unit Development (RPUD) for a
project to be known as the Immokalee Senior Housing POD. The project proposes a maximum. of
119 multi- family dwelling units, Along with the requested rezoning action, the petitioner is also
seeking approval of an Affordable Housing Density Bonus Agreement (AHDBA) authorizing the
developer to utilize Affordable Housing Density Bonus units in the development of this project.
GEOGRAPHIC LOCATION: The subject property is located on the east side of lIth Street
North, just south of Lake Trafford Road and Highland Elementary School in Section 33,
Township 46 South, Range 29 East, Collier County, Florida (sec illustration on following page).
Agenda Item No. 8A
May 11, 2004
Page 6 of 113
C:\AdLib eXpress\Work\rad98EFO.tmp.docPage 1 of 18
PURPOSEIDESCRIPTION OF PROJECT:
The proposed 7.44:!::-acre PUD is intended to allow development of a residential project that will
provide rental units for low-income elderly residents only, at an overall project density of 16 units
per acre, of which 59.52 units (8.0 bonus density units per acre) will be available to the petitioner
if t~e AHDBA is approved, This project will have 100 percent of the 119 units available for low-
income residents (except for one manager's unit), The project will have one access point serving
the project along 11 th Avenue, which, pursuant to a stipulation included by Transportation staff,
will align with Santa Rosa A venue.
Two unoccupied single-family homes exist on the subject property. Both homes have suffered
extensive vandalism, with most windows broken and the doors hanging askew. The vegetation on
site can be divided as the north and south portions. In the northern portion, there are scattered
mature Slash Pine trees. There are no new understory pines. The understory is primarily
unmowed grass, 24 to 30 inches tall. There are also scattered Scrub Oak shrubs typically less than
2-3 feet tall. Also, there are minimal quantities of Beautyberry bushes. Along the western portion
of the site, there are some mature Live Oak trees, immediately behind the church, close to the
property line, The south half of the site has Australian Pine, Slash Pine and Live Oak trees, with a
limited understory primarily comprised of grasses and mowed lawn areas.
The petitioner has simultaneously submitted for Site Development Plan (SDP) approval and
building permits. Those requests cannot be finalized until the PUD is approved. The petitioner's
agent is aware that if the Board of County Commissioners adopts changes to the PUD that would
require modifications to be made to the SDP or building permit plans, then the agent would need
to provide revised plans before County approvals can be issued. Petitioners who opt to request
simultaneous reviews are always subject to this risk, and the petitioners are usually made aware of
that issue at the outset.
Due to the petitioner's contractual obligations, Joseph K, Schmitt, Administrator of Community
Development & Environmental Services Division, has agreed to place this petition on the
Planning Commission agenda for May 6, 2004, to be followed immediately with a Board of
County Commissioners' hearing on May 11, 2004. Please refer to the attached letter dated April
7,2004 to Mr. Schmitt from Cheryl L. Wickersham, representing the petitioner.
SURROUNDING LAND USE AND ZONING:
North: a cemetery, zoned RMF-6
East: a two-acre tract developed with six duplex units (at a density of 3 units per acre), zoned
RMF -6 known as the Habitat II subdivision, then lOth Street North
South: Griffin Trailer Park an "MH"-zoned mobile home community with approximately 40
mobile homes on 4.55 acres (at a density of8 units per acre); then Immokalee Drive
C:\AdLib eXpress\Work\rad98EFO.tmp.docPage 2 of 18
Agenda Item No. 8A
May 11, 2004
Page 7 of 113
West: Eleventh Street North, then single family homes within the Immokalee Highlands
subdivision, zoned RSF-3 (developed at a maximum density of 3 units per acre); directly adjacent
to the site is a church and one single family home on an 0.86 acre tract, both zoned RMF-6 (but
the home site is developed at a density of less than 1 unit per acre)
Excerpt from Zoning Map
Aerial Photo
C:'AdLib eXpress\Work\rad98EFO.tmp.docPage 3 of 18
Agenda Item No. 8A
May 11, 2004
Page 8 of 113
",' '~".""""'" ~....
GROWTH MANAGEMENT PLAN CONSISTENCY:
Future Land Use Element:
Comprehensive Planning Staff has reviewed this petition and has provided a memo dated April 6,
2004 that contains their analysis and recommendation. That memo is quoted as follows.
The subject property is designated Urban Residential, High Residential District, on the
lmmokalee Area Master Plan (lAMP) Future Land Use Map of the Growth
Management Plan (GMP). Relevant to this petition, this district pennits residential
development at a maximum density of eight (8) dwelling units per acre (DU/ A), and
subject to any eligible density bonus.
The High Residential District allows for a base density of less than or equal to eight (8)
DU/A. The provision of affordable housing units may add up to 8 units per gross acre
to the base density, not to exceed sixteen (16) units per acre. The applicant has
submitted an Affordable Housing Density Bonus Agreement concurrent with this
rezone petition requesting 8 DU/ A and commits to providing a 100 percent affordable
housing project.
Base Density
Affordable Housing Density Bonus
Total Density
8 du/a
+8 du/a
16 du/a
Pursuant to the Financial Administration and Housing Department memorandum dated
April 2, 2004, the applicant has demonstrated eligibility for that 8 DU/A and is
consistent with section 2.7.7 of the Land Development Code (LDC) and Housing
Element of the GMP.
FLUE Policy 5.4 requires new land uses to be compatible with, and complementary to,
surrounding land uses. Though acknowledging the need for affordable housing, as
clearly stated in the Housing Element, staff notes the requested density of 16 DU/ A is
significantly higher than that of the adjacent properties. Also, where abutting some
residential uses, it appears that minimal setbacks and buffers are proposed, Further, the
buildings are large in mass and oriented broadside towards the adjacent single-family
residential development.
Comprehensive Planning leaves the final detennination of compatibility to the Zoning
and Land Development Review staff as part of their review of the .petition in its
entirety. However, staff would note that in reviewing the appropriateness of the
requested uses/densities on the subject site, the typical compatibility analysis would
include a review of both the subject proposal and surrounding or nearby properties as to
allowed use intensities and densities, development standards (building heights,
setbacks, landscape buffers, etc,), building mass, building location and orientation,
architectural features, amount and type of open space and location, traffic
C:\AdLib eXpress\Work\rad98EFO.tmp.docPage 4 of 18
Agenda Item No. 8A
May 11, 2004
Page 9 of 113
generation/attraction, etc, In viewing surrounding properties, gross density and/or net
density might be evaluated, and density averaging might be employed.
CONCLUSION: Based upon the above analysis, and subject to a compatibility
detennination by the Zoning and Land Development Review Department,
[Comprehensive Planning Department] staff concludes the proposed uses and density
may be deemed consistent with the lAMP.
Transportation Element:
Transportation staff has reviewed the applicant's Traffic Impact Statement (TIS) evaluating the
potential transportation impacts of the petition in relationship to GMP Transportation Element,
Policies 5.1. and 5.2, and has offered the following analysis:
Policy 5.1: "The County Commission will review all rezone requests with consideration
of their impact on the overall system, and shall not approve any such request that
significantly impacts a roadway segment already operating and/or projected to operate
at an unacceptable Level of Service within the five year planning period, unless specific
mitigating stipulations are approved. Traffic analyses to determine significant project
impact shall use thefollowing to determine the study area:
a. On links (roadway segments) directly accessed by the project where project traffic
is equal to or exceeds 3 percent of the adopted [Level of Service) LOS standard service
volume,'
b. For links adjacent to links directly accessed by the project where project traffic is
equal to or exceeds 3percent of the adopted LOS standard sen'ice volume
c. For all other links the project traffic is considered to be significant up to the point
where it is equal to or exceeds 5 percent of the adopted LOS standard service volume.
Policy 5.2: Project traffic that is less than 1 percent of the adopted peak hour service
volume represents a de minimis impact.
Upon review of rezone petition PUDZ-2003-AR-4390, Transportation staff recommends approval
based on the following facts:
This petition is for a rezone from RMF -6 to a PUD allowing 16 units per acre for a total of 119
units of financially feasible affordable housing for senior citizens. The TIS for this petition
projects a total of 847 trip ends on a weekday and a maximum of 88 PM peak hour trips. The
project access point is on Eleventh Street North in Immokalee, Eleventh Street North connects to
Lake Trafford Road and then onto SR 29 which are roadway segments identified on the County's
Annual Update Inventory Report (AUIR) list. The new peak hour directional trips introduced onto
Lake Trafford Road and SR29 are 2.3 percent and 2.5 percent of the existing capacity
respectively. Therefore, this petition appears to be consistent with policy 5.1 and not applicable to
policy 5.2.
C:\Adlib eXpress\Work\rad98EFO.tmp.docPage 5 of 18
Agenda Item No, 8A
May 11, 2004
Page 10 of 113
ANAL YSlS:
Staff completed a comprehensive evaluation of this land use petition and the criteria upon which a
favorable detenTIination must be based. These criteria are specifically noted in Section 2.7,2.5 and
Section 2,7,3.2.5 of the Land Development Code and required staff evaluation and comment. The
Planning Commission (CCPe) also uses these criteria as the basis for their recommendation to the
Board of County Commissioners (BCe), Appropriate evaluation of petitions for seeking rezoning
as PUDs should establish a factual basis for supportive action by appointed and elected decision-
makers. Each of the potential impacts or considerations identified during the staff review are
listed under each of the criteria noted and are summarized by staff, culminating in a detenTIination
of compliance, non-compliance, or compliance with mitigation, These evaluations are completed
as separate documents and are attached to the staff report (See Exhibit "A" and Exhibit "B").
Environmental Analysis: Environmental Services staff has reviewed the petition and has
detenTIined that environmental issues have been addressed in the PUD document. This petition
was not required to submit an Environmental Impact Statement because of its small size; therefore
the petition did not need to be heard by the Environmental Advisory Council.
Transportation Analysis: Transportation Department staff has reviewed the petition and the
POD document that accompanies the request. The applicant has incorporated Transportation
staffs concerns with the PUD document.
Financial Administration And Housing Analysis: The Housing Development Manager has
reviewed the proposed agreement to authorize affordable housing density bonus units, and has
recommended approval of this project. The memo from ConTIac Giblin, Housing Development
Manager, dated April 2, 2004, is quoted below:
The subject re-zone petition includes a companion Affordable Housing Density Bonus Agreement
(AHDB). Through the AHDB the petitioner is requesting a density bonus of 8 units per acre by
developing 119 units of the proposed 119 total (100 percent) as affordable housing.
As proposed, the Immokalee Senior Housing development will consist of 119 units of multi-
family (apartments) rental housing of which 100 percent (119 units) will be affordable to
households earning less than 60% of the area median income (low-income).
2003 Annual income limits of proposed low income residents:
Number of household members:
2
3
4
5
119 Low Income Units-
$29,300
$33,500
$37,700
$41,900
$45,200
The proposed rent limit is $400 per month for either a one-bedroom or two-bedroom unit.
CONCLUSION: Based upon the infonTIation provided in the PUD and accompanying Affordable
Housing Density Bonus Agreement, staff finds the proposed development to be consistent with
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Agenda Item No. 8A
May 11, 2004
Page 11 of 113
section 2.7.7 of the LDC and Housing Element of the Growth Management Plan.
FINANCIAL ADMINISTRATION AND HOUSING DEPT. RECOMMENDATION: Approval
AFFORDABLE HOUSING COMMISSION (AHC) RECOMMENDATION: Though not a
requirement for approval, a courtesy review has been scheduled for the April 16, 2004 AHC
meeting.
Utility Analysis: The Utilities Department staff has reviewed the petition and has stated that they
have no objection. This development is within the Immokalee Water and Sewer District.
Zoning & Land Development Review Department Analysis:
Relationship to Existing and Future Land Uses:
A discussion of this relationship, as it applies specifically to Collier County's legal basis for land
use planning, refers to the relationship of the uses that would be pennitted if the proposed zoning
action is approved, and the existing and possible future uses that could be approved based upon
the uses and other limitations set forth in .the Future Land Use Map (FLUM) of the Growth
Management Plan (GMP). The proposed use is consistent with the property's land use
designation as indicated previously in the GMP discussion. However, GMP FLUE Policy 5.4
requires new development to be compatible with and complimentary to the surrounding land uses,
and staff has concerns about the compatibility of this project with its existing and proposed
neighbors, due to the 16 units per acre (duJa) density that is being sought. Thus the consistency
with the FLUM is only a part of the overall finding of GMP consistency. The petition must be
consistent with Policy 5.4 as well, or staff cannot make a recommendation of approval, based
upon a required finding of overall consistency with the GMP. Staff must consider the
compatibility of the use and intensity proposed in this PUD in comparison with the existing and
potential future land uses near this site pursuant to GMP Policy 5.4. Staff believes that to make a
finding of consistency with the overall GMP, the PUD document must include staffs
recommended changed to address compatibility.
As illustrated in the aerial photograph, and mentioned in the surrounding zoning discussion of this
staff report and shown on the Master Plan, a portion of the site fronts 1 I th Street North. On the
other side of 11th Street North are single family homes within the Immokalee Highlands
subdivision, zoned "RSF-3" (developed at a maximum density of 3 units per acre); directly
adjacent to the site is a church and one single family home on an 0.86 acre tract, both zoned
"RMF-6" (the home site is developed at a density of less than 1 unit per acre). East of this site is a
two-acre tract developed with six duplex units (at a density of 3 units per acre), zoned "RMF-6."
This area is known as Habitat II. To the southwest, the land is zoned "RMF-6," and is developed
with a single-family home on one acre. To the southeast of the site is the Griffin Trailer Park an
"MH"-zoned mobile home community with approximately 40 mobile homes on 4.55 acres (at a
density of 8 units per acre) then Immokalee Drive.
The existing duplex and mobile home uses adjacent to this site are similar to the multi-family use
proposed for the site. The adjacent single-family home sites are less similar due to the larger lot
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Agenda Item No, 8A
May 11, 2004
Page 12 of 113
configuration with one home per lot. The major difference in the existing residential uses and the
proposed POD is density. The density of the surrounding area is much less that what is proposed
for this subject site, as noted above. Staff understands that the allowable density of the single-
family home sites, with RMF-6 zoning, could allow future redevelopment at a maximum of 6
units per acre, but notes that Policy 5.4. speaks to compatibility with surrounding land uses, not
allowable density.
As noted in the Comprehensive Planning discussion, development standards, such as building
heights, setbacks, landscape buffers, and potential building mass, building location and
orientation, and the amount and type of open space and location of that open space are
considerations of compatibility at well. The proposed POD is not proposing structures any taller
than what is allowed in the surrounding zoning districts (35 feet); the applicant's POD proposed
the same minimum setbacks and buffers as the surrounding RMF-6 zoning district. With a
minimum of 30 units in the smallest building, the building mass proposed in the POD is much
more than what exists in the area.
Regarding the building locations and orientation, the building configurations in Phases 2 and 3
have not been designed with any particular sensitivity to the surrounding uses. Rather than
smaller buildings in an end-to-end configuration that would present a more similar facade to the
adjacent owners' view shown in Phase 1, the buildings in Phases 2 and 3 are configured so the
mass of the buildings face the single family home located on 11th Street North and the duplexes
fronting on lOth Street.
The POD Master Plan does not identify open space areas, and, in fact, the last POD document
submitted by the applicant for review by the county contained an open space table that made no
sense because it included the entire subject site as open space, including building pads and
parking lots, and referenced a vague 1.21 acres of "additional open space" as shown below:
Open Space
Buildings, parking, sidewalks, etc.
3.21 Acres
Water Management
0.62 Acres
Buffers
1.94 Acres
Preserve
0.46 Acres
Additional Open Space
1.21 Acres
Total:
7.44 Acres
In an effort to get this petition to hearings and accommodate the petitioner's contractual deadlines,
staff removed that open space table from the POD document and simply added Section 4.3.C to
clarify the open space requirements for this project. Section 4.3.C of the POD document
establishes the minimum amount of acres (4.46 acres) and percentage of open space that this
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Agenda Item No, 8A
May 11, 2004
Page 13 of 113
project must provide (60 percent), in compliance with the LDC open space standards. Staff
however cannot totally assess this project's open space locations as they could address
compatibility issues, because the open space areas are not delineated on the Master Plan.
Staff is recommending that the development provide more expansive building setbacks from what
was proposed in the applicant, as noted in the comparison tables provided on pages 10 and 11 of
this staff report, (similar to what is shown on the Master Plan for the most part), thus requiring the
petitioner to set aside certain areas as open space, in a manner that can address compatibility,
Furthermore staff has required that all existing indigenous vegetation within the buffer and
setback areas not occupied by parking areas remain, thus incorporating a previous commitment
the developer's agent made in a letter.
One major area of difference between the petitioner's POD document and staffs POD document is
the manner in which the setbacks are depicted in the two POD documents. The Petitioner's POD
document establishes Front, Side and Rear setbacks. In staffs opinion, compliance with these
setbacks would be most difficult to determine, because the site is not to be divided into separate
tracts, but rather developed as one entire project. Therefore it would be difficult to determine
from whence the measurements would be made. Article 6 of the LDC contains definitions for the
terms as noted below:
Setback line: A line marking the minimum open space distance between a right-of-
way line, property line, bulkhead line, shoreline, seawall, mean high water mark,
access easement line or other defined location whichever is the most restrictive, and
the beginning point of a required yard or the buildable area, as this Land
Development Code may require in the particular case. Setback lines may be measured
from the legal boundary of a lot and are inclusive of easements with the exception of
easements that comprise a road right-of-way.
Yard, front: The required open space extending across the entire width of the lot
between the front building line and street right-of-way line.
Yard, rear: The required open space extending across the entire width of the rear yard
between the inside lines of the side yards and except in corner lots is generally that lot
line most opposite the right-of-way line.
Yard, side: The required open space extending along each side lot line between the
rear lines of the required front yard and the rear lot line, or in the absence of any
clearly defined rear lot line, to the point on the lot farthest from the rear line of the
front yard,
Without specific lot lines for Phase 2 and 3, staff believes it would be difficult to determine the
appropriate setbacks, and recognizes that a POD zoned project that does not anticipate further
subdivision should establish its own property development regulations based upon the specific
site plan that is provided, That is part of the benefit of the POD zoning designation. Otherwise, a
rezoning to a conventional zoning district could be sought and the setbacks from that zoning
district would be applicable.
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Agenda Item No. 8A
May 11, 2004
Page 14 of 113
Staffs PUD document provides setbacks requirements based upon the Master Plan that was
submitted for review and approval, with one exception. The petitioner's PUD document provided
radically different setbacks from what is depicted on the Master Plan, as noted below. Due to
confusion noted above regarding front, side and rear, staff used north, south, east and west
directional designations to identify the required setbacks. Staffs PUD document commits to
writing in the PUD document's text and table what is actually shown on the Master Plan.
Staff believes that if this specific plan is what is being considered by the staff and the neighbors to
address compatibility, and further is the specific plan submitted to the Planning Commissioners
and the Board of County Commissioners to base their decision upon, then the petitioner should be
more than willing to abide by the setbacks taken directly from the measurements on that Master
Plan.
The one exception that staff is recommending is an increased setback along the project's south
perimeter property line where the project abuts an existing single-family home. The Master Plan
shows a 20-foot setback (not noted, but as measured); staff is recommending a 50-foot setback at
this location, Staff believes that an increased setback is warranted when a building of a mass that
will contain 30 units is proposed adjacent to a single-family home site. Staff has taken into
consideration the fact that the proposed building will be limited to two stories or a maximum of
35 feet in height, and recognizes that the bulk of the building does not face the single-family
home site, Otherwise staff would be recommending a more extensive buffer or a larger setback.
A comparison is provided below:
PETITIO~EH'S PROPOSED SETBACKS
Minimum Building Setbacks (Yards)
Principal Use
Accessory Use
Front
Side
Rear
30 feet
20 feet
30 feet
30 feet
15 feet
15 feet
If the subject tract were to be developed within the allowances of the existing RMF-6 zoning, or if
the surrounding RMF-6 zoned land were re-developed with uses other than single-family homes,
the following setbacks would apply for principal structures:
2.2.5.4.3. Minimum yard requirements (except as further provided at section 2.6.27). The
following minimum yard requirements are in relation to platted boundaries:
Front Yard Side Yard Rear Yard
Duplex Dwelling Units 25' 10' 20'
Two Unit/Family Dwelling Units 25' 10'* 20'
Three or More Family Dwelling Units 30' 15'* 20'
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Agenda Item No. 8A
May 11, 2004
Page 15 of 113
STAFF'S PROPOSED SETBACKS
Minimum Building Setbacks (Yards)
North:
Phase 2, adjacent to single-family homes
Phase 3, adjacent to cemetery
Principal Use
Accessory Use
50 feet
15 feet
50 feet
15 feet
East:
Phase 1, adjacent to mobile homes
Phase 2, adjacent to duplex structures
Phase 3, with preserve & duplexes
20 feet
20 feet
60 feet
20 feet
20 feet
60 feet
South:
Phase 1, adjacent to single-family homes
Phase 2, adjacent to mobile homes
50 feet
20 feet
20 feet
20 feet
West
Phases 1 & 2-Street:
Phase 3, as depicted on the Master Plan
25 feet
125 feet
25 feet
125 feet
The Master Plan proposed by the applicant seeks a deviation to allow a reduced buffer from what
the LDC would require to separate multi-family uses from single-family uses or other uses of
dissimilar intensity. This issue is addressed in more detail in the deviation discussion. One
customary method to address incompatibly of two uses is with an increased buffer. To decrease
the buffer in this instance is contrary to good planning practice. The density proposed is nearly
three times what would be allowed with the existing zoning (6 vs. 16 units per acre). Staff is
concerned that providing a lesser buffer will exacerbate the incompatibility issue and thus staff
cannot recommend approval of that deviation, and in fact is recommending that a buffer in excess
of the minimum buffer be provided. With the existing RMF-6 zoning, the petitioner would only
be allowed to develop a multi-family project at 6 units per acre, not the 16 units per acre that is
proposed as part of this PUD, Staffs recommendation proposes that a minimum type "C" buffer
be provided, which is 5 foot wider than the required "B" buffer. The "C" buffer also requires
more trees to be planted, Staff believes this is one appropriate manner to address the density
differences and address compatibility.
Staff recognizes the need for affordable housing projects and is addressing the compatibility issue
with buffering and increased setbacks rather than a recommendation to reduce density.
Otherwise, staff would be recommending a reduction in the project density. Staff understands
that the two issues are important and has attempted to balance the issues with the
recommendation,
Deviation Discussion:
The petitioner is seeking two deviations. The petitioner has provided justification in support of the
deviations (see attachment). Staff has analyzed the deviations and provides the analyses and
recommendations below.
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Agenda Item No. 8A
May 11, 2004
Page 16 of 113
Deviation #1 seeks relief from LDC Section 2.3.16 which establishes the multi-family dwelling
unit parking standards requiring this project to provide 208 parking spaces, to allow the project to
provide a maximum of 128 spaces, a reduction of 80 spaces which represents a 38 percent
reduction in the parking.
The petitioner's PUD document indicated the following parking would be provided:
Independent 'Living Residence Facility:
Employees:
1 space per dwelling unit
1 per person of the largest shift
Staff was unable to evaluate that parking scenario because the LDC does not contain a standard
for an "independent living residence facility" because that use is not defined in the LDC, That
designation is more accurately described as a limitation of the overall use which is "multi-family
dwelling unit" Additionally, the number of employees is not known, so staff cannot analyze the
number that would be required or what would be provided. Staff therefore, has stated the parking
requirements in the PUD document (Section 3.5.G.) pursuant to the multi-family use and the
number of bedrooms that will be provided.
The LDC currently requires one space per unit plus guest parking to be provided, at the following
ratios:
Type of Unit or Number of Bedrooms
Parking Spaces required
Efficiency unit
1 bedroom unit
2 bedroom or more unit
0.5 space/unit
0.75 space/unit
1 space/unit
The required parking and the proposed parking to be provided are shown per phase in the
following table:
No. of
Bedrooms
No. of
Units
Parking
required for
guests
(0.75 X 28)
Total
REQUIRED
parking for
phase
Total
PROVIDED
Phase 1
Project
Totals
1
113
2
6
6
6
12
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128
Agenda Item No. 8A
May 11, 2004
Page 17 of 113
--_.-- om , ,--.._-------
The petitioner provided justification in the fonn of a photograph of the Hope Circle senior facility
in Immokalee (see attached justification), which is managed by the petitioner's company. The
photo shows few cars utilizing the parking lot. At the neighborhood infonnation meeting, a
representative from the Hope Circle facility was present and stated that the facility that she
operates provides a van for its residents. Staff recognizes that parking spaces could be reduced if
a van is provided, because the residents would have access to an alternative mode of
transportation for trips such as shopping and medical office visits.
Immokalee seems to have a larger segment of its population who walk. In a recent petition
seeking approval for a church in Immokalee, RZ-2003-AR-3703, the petitioner received approval
of the rezoning subject to an administrative parking reduction allowance based upon evidence that
supports the contention that more of the parishioners actually do not own their own cars, and
instead either used a church van, shared a ride with others, or walked to services, In that
rezoning, a condition was included that required the church to provide a bus or a van, It seems
gennane to include that same limitation in this petition, therefore staff has included a stipulation
to required the project to provide a van (Section 4.2.D.)
Staff has specifically excluded garages as accessory uses in Section 3.3.B, and the petitioner
wishes to retain this use. Staff has concerns about the potential location for garages. The site
plan is quite specific; there does not appear to be room to provide garages on this site, which seem
apparent with the deviation requests. The deviation to allow a parking reduction seriously limits
available space for parking. If some areas were set aside for garages for only certain individuals,
it would lessen the amount of parking spaces available to others. All parking should be available
to all persons, thus no garages should be allowed. Otherwise, staff would be hesitant to support
the parking deviation, Staff therefore, recommends that the parking deviation be approved subject
to the prohibition of garages as an accessory use, and further, subject to the adopted of the other
stipulations contained in the POD document that require the petitioner to use the "extra" area
("extra" because it is not used to provide the Code required parking) to augment open space and
expanded buffers as required in other stipulations.
Deviation #2 seeks relief from LDC Table 2.4 and LDC Section 2.4.7.2, which requires a 15 foot
wide type "B" buffer, to allow a 15 foot wide buffer area that will contain trees spaced no more
than 30 feet on center for all perimeter buffer areas except the roadway where the traditional 15
foot wide type "D" buffer will be provided. In essence, the petitioner wishes to provide a type
"A" buffer rather than a "B" buffer where it is required. (This deviation was added on April 8,
2004, and was not presented to the neighbors at the Neighborhood Infonnation Meeting (NIM).
At that meeting the petitioner stated that he would provide the buffers required by the LDc.)
Interestingly, the pending SDP site plan indicates that a "B" buffer will be provided, The written
synopsis of the NIM provided by the petitioner contains the following statement, "Davidson
Engineering suggested that the parking be reduced to accommodate an increase in landscape
beautification." Seeking a deviation to reduce the buffer requirements seems contrary to that
statement.
For comparison's sake, a traditional type "B" buffer is 15 feet wide, and contains the following
additional requirements: The buffer must be 80 percent opaque within one year landscape buffer
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Agenda Item No. 8A
May 11, 2004
Page 18 of 113
-
to a height of six feet. Additional the type "B" buffer "may" include a wall, fence, hedge, benn or
combination thereof. The word "may" in the LDC is used in the pennissive sense, rather than the
obligatory sense, however discussions with County Landscape Review staff indicates that
providing the wall, fence, benn or combination is the only way to meet the opacity requirement,
thus by design, it becomes mandatory. In addition, a type "B" buffer requires trees to be spaced
no more than 25 feet on center, and the hedge must consist of a minimum of ten gallon plants five
feet in height, three feet in spread and spaced a maximum four feet on center at planting.
"A" buffer plantings are required between two identical uses; for example, retail-to-retail uses
require "A" type buffer plantings between the uses. An "A" buffer provides the minimum amount
of width and planting bulk of any buffers recognized in the LDC, namely A-D. An "A" buffer
does not have an opacity "test" to meet, as a "B" and "C" buffer must. The petitioner's alternative
planting plan would provide 1 0 trees along the southeasterly 300 feet abutting the single-family
home site,
The alternative buffer proposed by the petitioner would provide no hedge, whereas the required
buffer, the "B" buffer would require a 6 foot tall hedge to be installed at time of planting and that
hedge must be maintained at six feet. The "B" buffer requires the plantings to be 80 percent
opaque within one year. Those plantings include a single row of trees, placed 25 feet on center.
With a "B" buffer, this project would provide a maximum of 13 trees along the southeasterly 300
feet abutting the single-family home site, and 75I- shrubs if a hedge is installed.
Along that same 300 feet used as an example above, the petitioner's proposed landscape buffer
would reduce the amount of trees provided by 30 percent, the number of shrubs by 100 percent
from what would be required in a "B" buffer.
Comparison Buffer Table
(Example southeasterly 300' abutting single family home site)
WIDTH ON CENTER (oc) OPACITY
REQUIREMENTI
NO. TREES
Minimum Code requirement
(based upon use)
Staff recommendation
30 oc
10 trees
15 feet 25 oc (single row) 80 percent (to 75 shrubs
13 tree (maximum) 6' within 1 year)
20 feet 25 oc (double row) 100 percent (to 75 shrubs
16 trees 6' within 1 year)
Staffs proposed "C" buffer recommendation requires the developer to provide plantings that are
100 percent opaque within one year within a strip that is 20 feet wide rather than type "B" buffer's
15 foot wide requirement. The "C" plantings must include a double row of trees, 30 feet on
center. That same 300 feet along the southeasterly boundary would have 16 trees, which is a 60
percent increase in the trees that would be provided with the petitioner's proposal, and a 33
percent increase in the buffer width.
The petitioner's request in the POD proposes to increase the density by 165 percent from what
would currently be allowed in the RMF-6 zoning district. Staff therefore recommends denial of
Agenda Item No. 8A
May 11, 2004
Page 19 of 113
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this deviation, and further had added a requirement to increase the buffing in the POD document
in Section 4.1 O.A.
In a related issue, staff has added Section 4.1 O.E, which is a stipulation to require the petitioner to
install all buffering for the entire project as part of the first phase of development, thus allowing
buffer vegetation more time to grow to the required height and help lessen the impact of this
project upon the neighboring property owners who would be looking at the frontal view, full mass
of the buildings in Phases 2 and 3.
The petitioner's agent went on record at the Neighborhood Infonnation Meeting (NIM) telling the
neighbors that this project would provide buffers in compliance with LDC requirements. This
deviation was not discussed. Deviations are not listed in the letters sent to adjacent property
owners, contained on the posted signs, or mentioned in the public notice ad in the newspaper;
therefore the neighbors will have no knowledge of this deviation request. This concerns staff, but
is not a basis to deny the deviation, Staff is simply restating the commitment of the petitioner to
the neighbors.
DIFFERENCE BETWEEN THE PETITIONER'S PUD DOCUMENT AND THE STAFF
PUD DOCUMENT
In order to expedite the scheduling of this petition, staff is proposing a revised POD document
that has been drafted by staff. Due to time constraints caused by the petitioner's contractual
obligations, there was not adequate time to allow another "round" of review between staff and the
applicant to address any outstanding issues, In some instances, staff and the petitioner are not in
agreement. According to staffs understanding of the issues, there are five areas of disagreement
remaining between the petitioner and staff, as noted below:
1)
Enhanced buffering-- The petitioner is not in agreement regarding the enhanced buffering
that staff is recommending be provided.
2)
Deviation #2--Staff is not supporting Deviation #2 and is instead recommending that a
more intense buffer be employed to address compatibility concerns, The petitioner objects
to staffs position.
3)
Setback requirements-- The petitioner disagrees with the setbacks proposed in the staff
POD document.
4)
Garages-Staff is recommending that garages not be allowed. The petitioner wants to
have garages as an accessory use.
5)
Installation timing for the landscape buffer-The petitioner does not want to install the
buffering for the entire project as part of the first phase, as required in Section 4.1 O,E.
6) Requirement to provide a van-The petitioner objects to this stipulation.
The petitioner will provide the specific reasons for their objections regarding the above-
referenced items at the CCPC hearing.
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Agenda Item No. 8A
May 11, 2004
Page 20 of 113
-
There are other instances where staff has made changes to the POD document to address concerns
as noted in previous discussions, For those areas of the POD document that were not specifically
addressed previously, staff has listed the changes and provided a brief explanation below.
The staff POD document does not include the Aerial Photograph, the Affidavit of Unified
Ownership, and the deviation justification in the List of Exhibits and Table (page 3), because
aerial photographs do not reproduce well enough to make it a viable document, and the deviation
justification will be included in the staff report. The list of actual deviations has been added to the
POD document to make it clear what is approved.
Staff has added a caveat to the "Statement of Compliance and Short Title" in Item #3 to clarify
that staff is recommending that this project be found consistent with GMP Policy 5.4, only if the
stipulations contained in the staffs POD document are adopted. Otherwise, staff has concerns
about the compatibility of this proj ect.
Staff has added the contract purchaser's name and addressed infonnation to Section 1.3, as is
customary. In Section 1.5 staff has added infonnation regarding the existing homes on site,
In Section 2.2.E. staff has removed what is perceived to be extraneous language regarding timing
for compliance with the LDC Adequate Public Faculties provisions. This developer is afforded
the same options as any other developer pursuant to the LDe.
Staff has made a similar change to Section 2.3.C. removing extraneous language regarding minor
modifications. This developer can utilize all options available in the LDC.
Staff removed superfluous language at the end of2.5.E, regarding the provisions ofLDC 3.3,
Staffs POD document contains different language in Section 4.10 B, C, and D. The petitioner's
Item B sets forth the buffer proposed by the petitioner seeking a deviation from the LDC
standards. As previously noted, staff is not supporting that deviation request and is instead
recommending that the petitioner provide a more substantial buffer.
The petitioner's POD document does not include items C or D, it ends with B. Staffs Item C
reiterates the LDC requirement that allows placement of sidewalks, bike paths within buffer areas,
but requires the buffer areas to be increased by an equivalent width. Item D incorporates a
Landscape Reviewer staff stipulation that addresses the Master Plan's non-compliance with LDC
requirements for landscape islands. Item E, as previously noted, is a stipulation added by staff to
require the petitioner to install all buffering for the entire project as part of the first phase of
development, thus allowing buffer vegetation more time to grow to the required height and help
lessen the impact of this project upon the neighboring property owners who would be looking at
the frontal view, full mass of the buildings in Phases 2 and 3. Item E also goes hand in hand with
staffs requirement that all exotic vegetation be removed as part of the first phase (PUD document
4.7.1.); as the exotic vegetation is removed, it can create "holes" of open areas that can be masked,
in part, by buffering.
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Agenda Item No. 8A
May 11 , 2004
Page 21 of 113
NEIGHBORHOOD INFORMATION MEETING:
The petitioner properly noticed and advertised a Neighborhood Information Meeting that was held
at Cypress Run on Hope Circle in Immokalee on November 17,2003. Six persons other than the
developer's team and county staff attended. The neighbors raised concerns about parking, security
and market rate multi-family housing, and the effect this development might have upon property
values. The agent advised the public that they were going to seek a deviation to reduce the
parking, which should address concerns about vehicles parking in the right-of-way. Market rate
multi-family housing has been eliminated from the allowable uses; the project will only serve
elderly clients who are a minimum of 62 years of age, according to the agent's explanation. The
petition stated that the project would provide an on-site manager, which should adequately
address security concerns (this commitment is contained in Section 4.2,C of the PUD document).
The developer did not know how, if at all, this project might affect property values.
Linda Bedtelyon, Community Facilities Coordinator provided the following Neighborhood
Information Synopsis:
The November 17, 2003 meeting was held at Cypress Run, 550 Hope Circle Immokalee at
5:30 P.M. Approximately eight members of the public attended the presentation given by
Davidson Engineering, agent for the applicant. Representatives for the developer also
provided input and assisted in answering questions. Mr. Rick Joudrey of Davidson
Engineering stated that the Affordable Housing Density bonus being sought by the applicant
would allow up to 16 units per acre on the +/- 7.4 acres of property located at 702 11th Street
N. for a subsidized senior housing project consisting of three buildings with a maximum of
35 feet, with a total of 119 units. The applicant will also be seeking a parking requirement
deviation, to build fewer parking spaces than the current code requires. Mr. Joudrey also
stated "[market rate) multi-family uses will be removed from the PUD document." Several
property owners voiced concerns that the project will negatively impact their property values
and Mr. Jeff Davidson of Davidson Engineering, said he would contact a real estate agent for
his professional opinion, The same property owners suggested that they would be willing to
seek an alternative site for the developer to purchase and build the project. United Church
Homes representative, Jenna Lane encouraged the property owners to contact her office to
investigate the possibilities of doing so. The meeting concluded at approximately 7:00 P.M.
STAFF RECOMME~DATION:
Zoning & Land Development Review Services staff recommends that the Collier County
Planning Commission forward Petition PUDZ-2003-AR-4390 to the Board of County
Commissioners with a recommendation that this petition be deemed consistent with the GMP, and
further that the rezoning request from "RSF-6" to PUD be approved, with the limitations
contained in the staff PUD document to address compatibility. Otherwise, staff could not
recommend approval of this petition because the project would not be consistent with GMP
Policy 5.4., and thus not consistent with the overall GMP, which is a paramount requirement
necessary to support any recommendation for approval.
Staff also recommends that the agreement authorizing affordable housing density bonus units be
approved subject to the development limitation set forth in staffs PUD document.
Agenda Item No. 8A
May 11, 2004
Page 22 of 113
C:\AdLib eXpress\Work\rad98EFO.lmp.docPage 17 of 18
PREPARED BY:
1\fl.LÉ )d~ ¡)//~ ~//
KAY ~E~iÆM. AICP. pR~L PLANNER L¡ df1. I5Ä TE
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
REVIE\VED BY:
~~==- 4 /1<./ /0 If
Y BE OVlS, CHIEF PIA.NNER I I DA TE
DEPAR ENT OF ZONING AND LAND DEVELOPMENT REVIEW
~JY¥J\;~ DA1~ þ- <I
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
APPROVED uy:
-i~~ '"'~ rty,ý
J~~~~1;1 INIST TOR DATE
CV,MUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
Tentatively scheduled for the May 11, 2004 Board of County Commissioners Meeting
COLLIER COUNTY PLANNING COMMISSION:
RCSSELL A. BUDD, ClL"JIU..fAN
ExhÒits:
A.
B.
C.
D.
Rezo[c( Findings
PUD Findings
Justification for Deviations
Letter 1rom petitioner to Joseph Schmitt, dated April 7, 2004
C:\AdLib eXpress\Work\rad98EFO.tmp.docPage 18 of 18
Agenda Item No. 8A
May 11, 2004
Page 23 of 113
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PETITlON'PUDZ- 2003- AR- 43110
REZONE FINDINGS
PETITION PUDZ-2003-AR-4390
Section 2.7.2.5 of the Collier County Land Development Code (LDC) requires that the report
and recommendations of the Planning Commission (CCPC) to the Board of County
Commissioners must show that the CCPC has studied and considered the proposed change in
relation to the items enumerated below, Please refer to the staff report for a more comprehensive
reVlew.
1.
Whether the proposed change will be consistent with the goals, objectives & policies
of the Future Land Use Map and the elements of the Growth Management Plan;
The Comprehensive Planning Department has indicated that this petition is consistent
with the Future Land Use Element (FLUE) of the Growth Management Plan (GMP), and
Zoning and Land Development Review staff has determined that this petition will be
consistent with GMP Policy 5.4, addressing compatibility with surrounding uses, if staffs
PUD document is adopted as part of the approval process.
2.
The existing land use pattern;
This project will be consistent with the existing and proposed land use patterns, as
stipulated in the staff PUD document.
3.
The possible creation of an isolated district unrelated to adjacent and nearby
districts;
The site that is the subject of this petition is of sufficient size that it will not result in an
isolated district unrelated to adjacent and nearby districts. POD zoning districts by their
nature can be isolated. PUD zoned projects are not necessarily required to be located
near other PUD zoned projects; the relationship between zoning districts in a PUD is an
issue of compatibility of proposed uses with those of the surrounding area rather than
zoning district to zoning district.
4.
Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change;
The POD district boundaries are logically to follow property line boundaries, however
this project could be less obtrusive to the neighborhood if more of the block was being
considered for rezoning rather than a portion taking from the center of the block. A more
square pattern might have less impact on the neighborhood.
5.
Whether changed or changing conditions make the passage of the' proposed
amendment necessary;
C:\AdLib eXpress\Work\rad614DO.tmp.doc Page 1 of 3
The continued shortage of affordable housing indicates that there is a need to provide
these housing opportunities. This POD offers a project that will make 100 percent of the
units available as affordable housing units, if the bonus density agreement to allow the
additional units is approved and implemented by the developer. If the housing is not
made affordable pursuant to the affordable housing agreement, the petitioner would be
Agenda Item No. 8A
May 11, 2004
Page 25 of 113
Exhibit" A"
6.
7.
limited to a density that would still provide a viable housing product in Immokalce. The
proposed PUD rezoning is appropriate, as limited in the PUD document and the PUD
Master Plan based on its compatibility with adjacent land uses.
Whether the proposed change will adversely influence living conditions in the
neighborhood;
Because of limits in the PUD document, there should be no adverse influence in living
conditions in this neighborhood if the proposed change is approved.
Whether the proposed change will create or excessively increase traffic congestion
or create types of traffic deemed incompatible with surrounding land uses, because
of peak volumes or projected types of vehicular traffic, including activity during
construction phases of the development, or otherwise affect public safety;
The Transportation Services Division has reviewed the proposed PUD and has
incorporated language into the PUD document, which renders the PUD consistent with
the Traffic Circulation Element of the GMP, Therefore, the proposed PUD will not
excessively increase traffic congestion.
8.
Whether the proposed change will create a drainage problem;
The project will be required to obtain a permit from the South Florida Water
Management District. Drainage problems should not be created when construction is
done in accordance with the permit.
9.
Whether the proposed change will seriously reduce light and air to adjacent areas;
All projects in Collier County are subject to the development standards that apply
generally and equally to all zoning districts (i.e. open space requirement, corridor
management provisions, etc,) that were designed to ensure that light penetration and
circulation of air do not adversely affect adjacent areas, This project will be subject to
those same standards.
10.
Whether the proposed change will adversely affect property values in the adjacent
area;
Property values are affected by a host of factors including zoning, however zoning by
itself mayor may not affect values, since value determination, by law, is driven by
market value. The mere fact that a property is given a new zoning designation mayor
may not affect value.
11.
Whether the proposed change will be a deterrent to the improvement or
development of adjacent property in accordance with existing regulations;
The proposed change should not be a detelTent to the improvement or development of
adjacent property. The PUD document contains a provision to require this developer to
align the access point with Santa Rosa Drive, thus not affecting any future access points
that might be proposed from other development sites.
Agenda Item No, 8A
May 11, 2004
Page 26 of 113
C:\AdLib eXpress\Work\rad614DO.tmp.doc Page 2 of 3
Exhibi t "A"
13.
14.
16.
17.
12.
Whether the proposed change will constitute a grant of special privilege to an
individual owner as contrasting with the public welfare;
The proposed rezone to POD (with staffs POD document) complies with the Growth
Management Plan, which is a public policy statement supporting zoning actions when
they are consistent with said plans. In light of this fact, the proposed POD does not
constitute a grant of special privilege.
Whether there are substantial reasons why the property cannot be used in
accordance with existing zoning;
The site could also be development in compliance with the existing zoning if so desired
by the property owner.
Whether the change suggested is out of scale with the needs of the neighborhood or
the County;
The proposed POD, as limited in the staff POD document should be developed in a
manner that is compatible with sulTounding property in size and scale. It is also
consistent with the FLUE of the Growth Management Plan.
15.
Whether is it impossible to find other adequate sites in the County for the proposed
use in districts already permitting such use;
Whether it is possible to find other adequate sites is not the determining factor when
evaluating the appropriateness of a rezoning decision. Each zoning petition is reviewed
on its own merit, and staff does not review other sites in conjunction with a specific
petition. The determinants of zoning are consistency with all elements of the GMP,
compatibility, and adequacy of infrastructure and general compliance with the Land
Development Code,
The physical characteristics of the property and the degree of site alteration, which
would be required to make the property usable for any of the range of potential uses
under the proposed, zoning classification;
While site conditions may restrict the location and square-footage of the buildings, they
would not render the property unusable.
The impact of development on the availability of adequate public facilities and
services consistent with the levels of service adopted in the Collier County Growth
Management Plan and as defined and implemented through the Collier County
Adequate Public Facilities Ordinance, as amended.
A multi-disciplined team responsible for jurisdictional elements of the GMP has
reviewed this petition and they have found it consistent with the GMP. The conditions of
approval have been incorporated into the POD document. Staff reviews for adequacy of
public services and levels of service determined that required infrastructure meets with
GMP established relationships.
C:\AdLib eXpress\Work\rad614DO.tmp.doc Page 3 of 3
Exhibit" A II
Agenda Item No, 8A
May 11, 2004
Page 27 of 113
,-----
FINDINGS FOR PUD
PUDZ-O2-AR-4390
Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission
to make a finding as to the POD Master Plans' compliance with the following criteria:
1. The suitability of the area for the type and pattern of development proposed in relation
to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer,
water, and other utilities.
The subject site is partially developed with residential that has somewhat altered the natural
characteristics of the land. The site is located where it has access to 11 Street North and then either
south to Imrnokalee Drive or north to Lake Trafford Road, The petitioner has agreed to connect to
the appropriate utility service, and the drainage will be provided in compliance with all applicable
codes.
2. Adequacy of evidence of unified control and suitability of any proposed agreements,
contract, or other instruments, or for amendments in those proposed, particularly as they may
relate to arrangements or provisions to be made for the continuing operation and maintenance
of such areas and facilities that are not to be provided or maintained at public expense.
Documents submitted with the application provide evidence of unified control. The POD
document makes appropriate provisions for continuing operation and maintenance of common areas,
3. Conformity of the proposed Planned Unit Development with the goals, objectives and
policies of the Growth Management Plan (GMP).
The subject petition has been found consistent with the goals, objectives and policies of the
GMP, subject to adopted of the staff version POD document. Please see the staff report for a more
detailed discussion,
4. The internal and external compatibility of proposed uses, which conditions may include
restrictions on location of improvements, restrictions on design, and butTering and screening
requirements.
Staff analysis indicates that this petition is compatible, both internally and externally, with the
proposed uses and with the existing suITounding uses, subject to the adopted of the staff version POD
document.
5. The adequacy of usable open space areas in existence and as proposed to serve the
development.
The amount of open space set aside by this project in the staff PUD document is consistent
with the provisions of the Land Development Code.
6. The timing or sequence of development for the purpose of assuring the adequacy of
available improvements and facilities, both public and private.
Approval of this project will not adversely impact the timing or sequence of development that
Agenda Item No. 8A
Exhibit "B" May 11, 2004
C:\AdLib eXpress\Work\rad61 DEO.lmp.doc Page 1 of 2 Page 28 of 113
is currently allowed in the area. Furthermore, the adopted concurrency requirements ensure that
Level of Service (LOS) degradation should not occur.
7.
The ability of the subject property and of surrounding areas to accommodate expansion.
Ability, as applied in this context, implies supporting infrastructure such as wastewater
disposal system, potable water supplies, characteristics of the property relative to hazards, and
capacity of roads, is supportive of conditions emanating from urban development. Infrastructure is or
will be in place in the vicinity and its adequacy will be determined when development approval is
sought.
8. Conformity with PUD regulations, or as to desirable modifications of such regulations in
the particular case, based on determination that such modifications are justified as meeting
public purposes to a degree at least equivalent to literal application of such regulations.
The requested rezoning conforms to PUD regulations or the petitioner has sought deviations,
However staff analysis of Deviation #1 will be justified only if the stipulation to provide a van is
implemented. Staff analysis of Deviation #2 indicates that the modification requested is not justified
because the alternative proposed by the petition does meet the public purposes "to a degree at least
equivalent to literal application" of the same regulation. It is clear, in staffs opinion, that the
petitioner will be provided an inadequate buffer, thus staff is not recommending approval of deviation
#2.
.-
C:\AdLib eXpress\Worklrad61 DED.lmp.doc
Exhibit liB II
Page 2 of 2
Agenda Item No, 8A
May 11, 2004
Page 29 of 113
IMMOKALEE SENIOR HOUSING PUD
Justification for Deviations
Prepared For
United Church Homes
170 E. Center Street
P.O. Box 1806
Marion, Ohio 43301-1806
Prepared by
Davidson Engineering, Inc.
2154 Trade Center Way
Naples, Florida 34109
April 2004
Rick Joudrey, P.E.
Exhibit "C"
C:\AdLib eXpress\Work\rad0194D.tmp.doc received: 4/8/04
Agenda Item No. 8A
May 11 , 2004
~Qé cS@ of 113
INTRODUCTION
Immokalee Senior I is a 7.44:!: acre parccllocated on cast side of Eleventh Street North just south
of Highland Elementary School in Section 33, Township 465, Range 29E. The property is
currently zoned RMF-6 and due to demands for senior housing in the area we are seeking a PUD
allowing 16 units per acre to allow for a financially feasible affordable housing complex for
~enior citizens. This development style would provide a needed housing a1ternative to the
existing zoning.
PARKING
United Church Homes owns and operates several senior living centers across the country as wen
as the one depicted below on Hope Circle in Immokalee. As is the case in many these centers,
many residents do not own cars. As is depicted below most of the spaces are empty except for
employees. The additional costs involved in meeting parking requirements for a conventional
multi-family installation will hinder the success of the installation and is a misuse of property
that could be left in a more desirable pervious state.
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Exhibit "C"
received: 4/8/04
Agenda Item No. 8A
May 11 , 2004
~ge '311 of 113
-"""'"
LANDSCAPE BUFFER
Section 2.4.7.4 of the Land Development Code establishes minimum landscape buffer
requirements. The adjacent properties are all zoned RMF-6 with a future land use designation of
High Density Residential. The 1and uses of the adjacent properties are single family residential,
mobile home, church, cemetery, and right of way. The required 1andscape buffer adjacent to the
right of way is a Type D 1andscape buffer. No deviation is requested from the requirement for
Type D buffer adjacent to the right of way.
The required landscape buffer adjacent to each of the remaining existing uses is a Type B
landscape buffer. The additional costs involved in meeting the standard Type B landscape buffer
would render the project financially impossib1c. This PUD requires a 15 foot wide buffer with
trees spaced no more than 30 feet on center, Plant material and installation standards shall be
consistent with Section 2.4.4 of the Land Deve10pment Code. The width of the proposed
landscape buffer is the same as the width required with a Type B buffer. The deviation is on1y
from the plantings and materia1s required within the buffer. The proposed landscape buffer
plantings are the same as the plantings required in a Type A buffer. This is the type of buffer that
wou1d be required if buffers were based on zoning instead of use.
C:\AdLib eXpress\Work\rad0194D.tmp.doc
Exhibit "C"
received: 4/8/04
Agenda Item No. 8A
May 11, 2004
~ge t3~ of 113
I U N I -TË-,q 0
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COM MUN/r r
DE'YEI.OP.'
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April 7, 2004
.- { //(>1, ;./à.". -j1/',?/';¡
Mr. Joseph K. Schmitt
2800 North Horseshoe Drive
Naples, FL 34104
RJ::
Immokalee Senior ,:-lousing
SDp..AR-4742
PUDZ-2003-4390
Dcar Mr. Schmitt:
Thank you for meeting with Craig Hale and Rick Joudrey last week. Your interest in aur plans
to develop affordable seni(,r housing in Immokalee is very much appreciated.
United Church Homes is tite sponsor and management agent of Cypress Run, a 40-unit
apartment building for scniors located on Hope Circle in Immokalee. Cypress Run was built
with a grant from the U.S. Department of Housing and Urban Development's Section 202
Supportive Housing for the: Elderly program. It opened in 1997. Through our manag()ment of
Cypress Run, we were able: to see first hand the tremendous need for affordable housing in
Im::nokalee.
Our residents were continually requesting that we build additional units in Immokalee.
Th:::refore, we: began searching for a suitable site and decided upon the 11 th Street location.
We have received a low in,erest, fifty-year loan from the u.S. Department of Agriculture
(USDA) Rill'al Housing Service Section 515 program, an Affordable Housing Prograr,l grant
from the Federal Home Loan Bank of Cincinnati, Low-Income Housing Tax Credits and of
course the Community Dc"elopment Block Grant from Collier County to develop this project.
We are working against sc"¡eral deadlines and would really appreciate anything that cml be done
to ensure that our project Ü: on the agenda for the Planning Commission meeting on N.,ay 6. 2004
and the Collier County Board meeting on May 11. We must begin construction this summer to
remain in compliance with Florida Housing requirements for the Low-Income Housing Tax
Credits. USDA is anxioU! for us to begin this project and we would like to submit an
ò?\; 1 I; l);-;-'
170 East Center ~;treet . PO Box 1806
MarioH, Ohio. 43301-1806
Phone (74~~h~~t~~8.4~~82-4884
1-800-837-2211 . ~~Wt ~~zf50-0750
w~:Mlðfe1~3mes.org
I~ COVE:\ANT WITH THÈ Ur...'1TID CHCRCH OF CHRIST
RECEIVED
~ -"---,,-
. .
)
Mr. Joseph Schmitt
April 7, 2004
Page Two
application to HUD for a ~:ection 202 Supportive Services for the Elderly grant to be~jn phase
two.
HlJD has not yet released :he Super NOF A (Notice of Funding A vailabiJity), but we émticipate
its release this month. If s), applications wi11 be due to HUD sometime in June. In order to have
a successful application, tl.e site must be properly zoned, If the PUD for our site is not in place
when the 202 application is due to HUD, we will need to wait another year to try for the project.
If you have any questions, please contact me at (ï40) 382-4885, ext. 333 or
cvÔ c kersham'a) uchinc. 0 ¡:g.
Sincerely,
~~ <J{;.p 'Úhtí ( ¿~
Cheryl L. Wîckersham
V.P. Housing Services
Cc:
Craig Hale
Rick Joudrey
S :\Cheryl\Sc:hmitt040407 .doc
Agenda Item No. 8A
May 11, 2004
Page 34 of 113
RE-SUBMITT AL
PUDZ-2003-AR-4390
PROJECT #2003010011
DATE: 10/21/03
KA Y DESELEM
APPLICATION FOR PUBLIC HEARING FOR:
Œ1PUD REZONE
DPUD TO pun REZONE
Petition No.:
Planner Assigned:
Date Received: .
Commission District: .
ABOVE TO BE COMPLETED BY STAFF
1.
General Information:
Name of Applicant(s)-
Applicant's Mailing Address
City Marion
Applicant's Telephone :f
Applicant's E-Mail Address:
Immokalee Senior Housing. Ltd.
170 E. Center Street
State Ohio
740-382-4885
N/A
Zip
Fax #
43301-1806
7 40-3 82-4~:84
Name of Agent _!:~ck J. Joudrey. P.E. Finn Davidson Engineering. Inc.
Agent's Mailing Addrl~,¡s 2154 Trade Center Way. Suite 3
City Naples - State FL
Agent's Telephone # 229-597-3916 Fax #
Agent's E-Mail Addres;: rickúV.davidsonen~neering.com
Zip 34109
239-597-5195
I
Name of Agent 1 im Hancock Firm Ta1o~Managemenl Inc.
Agent's Mailing Addrc1:s 3898 N. Tamiami Trail. Suitd 202
City Naples State FL i Zip 34103
Applicant's Telephone ~: 239-262-6197 Fax # 23 9-262-61 ~8 .
Applicant's E-Mail Adé ress: talonmanagement@earthlink.net
,,-
ADDUcadog For Public JleanDIl For POO ~roDe 4'14'03
- 1 -
Agenda Item No. 8A
May 11, 2004
Page 35 of 113
~-
COLLIER COUNTY COMMUNITY DEVELOPMENT
PLANNING SERVICES/CURRENT PLANNING
:WOO N. HORSESHOE DRIVE-NAPLES, FL 34104
PHONE (941) 403-24001FAX (941) 643-6968
*Be aware that Collier County has lobbyist regulations. Guide yourself accordingly
and ensure that you are in compliance with these regulations.
Complete the following for all Association(s) affiliated with this petition. (provide additional sheets
if necessary)
Name of Homeowner Association: N/A
Mailing Address City State Zip
Name of Homeowner Association:
Mailing Address City State Zip
Name 'JfHomeo\.vner AssociaJon:
Mailing Address City State Zip
Name of Master Association: N/A
Mailing Address City State Zip
Name of Civic Association: .-
Mailing Address City State Zip-
2. Disclosure of Interest Information:
a.
If w.e property i; owned fee simple by an INDNIDUAL, tenancy by 1he entirety,
tenancy in commm, or joint tenancy, list all parties with an ownership intc:rest as well
:as-the-ptact:lllagc-D(such interest. (Use additional sheets if necessary).
Name and Addres$
Allen & Barbara Fish
321 W Main StIeet
Immokalee. FL_34142-3930
Pe~enægeofChNnenmp
100%
AUDlle.tlcD For Public He.null For pun I!. ~one 4/14103
-2-
Agenda Item No. 8A
May 11 , 2004
Page 36 of 113
-----
-
b.
If the property Ü owned by a CORPORATION, list the officers and stockholders and the
percentage of stock owned by each.
Name: and Address, and Office
N/A
Percentage of Stock
c.
If the property Ü in the name of a TRUSTEE, list the beneficiaries of the trust with the
percentage ofiI.lt~est.
Name and Address
N/A
Percentage of Interest
d.
If the property Ü in the name of a GENERAL or LIMITED PAR TNERSHlP, list the
name oftbe gene~al and/or limited partners.
Namc and Address
N/A
Percentage of Ownership
e.
If r.bere..-b: l' .oC!NIEACT FOR PURCHASE, with an individual or inlividuals, a
-COí1Ioration, Tru::tee, or ~ership, list the.names of the contract purchasers below,
including the Otli,~ers, stockhol~beneficiaries, or partners.
Name and Address
Immokalee Sell; or Housing. Ltd.
170 E. Center S~eet
Marion. Ohio 4:1301-1806
Percentage of Ownership
100%
Date of Contract:
3-2003
- 3 -
Agenda Item No. 8A
May 11 , 2004
Page 37 of 113
ADDllcat1gn For Publlcj¡!,arinl! For pm> R WIne 4/14103
f.
If any contingcney clause or contract terms involve additional parties, list all individuals.
or officers, if a OJrporation, partnership, or trust. Nt A
Name and Address
g.
Date sub~r\}i;¿iY acquired ( ) leased ( ):
1 t;1I11 of.lease
yrs.lmos.
If. ?eutioner has option to buy, indicate date of option: 3-03
. terrlu4ates: 12-31-03. or anticipated closing date
an~ate option
h. Should any~ge:; of ownership or changes in contracts for purch~ÿóccur subsequent
to the date of appTìi:atiGn. but prior to the date of the final~earing, it is the t
responsibility oftlm applic3nt, or agent on his behalf, to submit a supplementa: disclosure
of interest form.
3.
Detailed lef!al description of the propertY covered bv the application: (If space is
inadequate, attach on;eparate page.) If request involves change to more than one zoning
district, include separate legal description for property involved in each district. Applicant
shall submit four (4) copies of a recent survey (completed within the last :;ix months,
maximum 1" to 400' selle) if required to do so at the pre-application meeting.
NOTE: The applicant is responsible for supplying the correct legal description. If questions
arise concerning the It:gal description, an engineer's œrtification or sealed sur¡ey may be
required.
33
46
Range:
29
Section:
Township:
Lot:
N/A
mock:
N/A
Subdivision:
N/A
Plat Book 1386 Page #:
00084320007
615
Property
00084080004. 00084281)008 &
Metes & Bounds Description:
see attached survey
4 -
Size of property:
ft. X
ft. = Total Sq. Ft. _Acres
7.44
s.
Address/eenerallocatic)D of subject property:
East side of 11 th Street N.
Immokalee
6.
PUD Distr'Íct (LDC 2.2 20.4):
ŒI Residential 0 Community Facilities
0 Commercial 0 Industrial
AoDllcadon For Public BeanoI!' For roo RI rooe 4'14103
-4-
Agenda Item No, 8A
. May 11, 2004
Page 38 of 113
7. Adjacent zonin2 and land use:
Zoning
Land use
N RME -6 Developed Residential
S RME-6 Developed Residential
E RME -6 Developed Residential
W R-O- W II th Street N
Does the owner of the subject property own property contiguous to the subject property? If
so, give c.omplete leg;ù description of entire contiguous property- (If space is inadequate,
attach on separate page:). Nt A .
Section: Township: Range:
Lot: ___Block: - Subdivision:
Plat Book- Page # Property I.D.#:
Metes & Bounds Description:
8. Rezone Reauest: TIllS application is requesting a rezone from the
district(s) to the F UD zoning district(s).
RMF -6
zoning
Present Use of the Property: Residential
Proposed Use (or range of uses) of the property:
Senior Housing. 16 unit; per acre
Original PUD Name:_~./A
Ordinance No.:
9. Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec- 2.7.3.2.5 of the Collier County
Land Development Coce, staff's analysis and recommendation to the Planning C)mmission,
and the Planning Com:nission's recommendation to the Board of County Commissioners
shall be based upon c.oIlsideration of the applicable criteria noted below. Provide a narrative
statement describing th,~ rezone request with specific reference to the ..criteria noted below.
Include any backup materials and docwnentation in support of the request.
The follot\ing rmdings are in accordance with LDC Section 2.7.2.5:
.
.-
1.
The project as ¡: roposed is consistent with the goals, objectives and policies of the
GMP. Recent c:'J,anges to the Immokalee Master Plan created areas within
Inunokalee that promote increased density to both spur development aud create
Agenda Item No. 8A
May 11, 2004
Page 39 of 113
- 5 -
ADDUcatlo~1 For PubUc; {(!PDIr For POO R,CroDl! 4/14/03
new housing opportunities. This project when developed will improve the
opportunity for residents of Immokalee to fmd affordable housing.
2.
The existing lund use pattern in the surrounding area is single family. While the
project propO:led much higher densities, particularly when the affordable housing
units are buUt, the type of units proposed will not adversely impact thc~ adj acent .
properties. The planned use for the affordable housing units is for Selùor
Housing with ;¡maller units and sharing common facilities. This reprenents less
external impal:ts than either single family or multi-family housing as. it relates to
traffic, ambiellt noise, and potential conflicts. The proposed height of two stories
is the same hc~jght permitted in the adjacent zoning districts.
3.
While the proposed project will be more intense strictly from a traditi(lnal "unit
count" position, it will not create and isolated district in the long term ;,ioce all
adjacent propc!rties have the opportunity to develop in a manner consi:¡tent_with
and in some cases, with greater impacts that the proposed project.
4.
There are no r'~asons that indicate that the project boundaries are iIlogicaUy
drawn. RequiJ'ed buff en and a two story limitation will assist in achieving
compatibility ,lith adjacent development.
s.
In order to provide Senior Housing in the Immokalee market, a rezone from
traditional zoning districts is required.
6.
The proposed (:hange will not only NOT adversely influence living conlUtions in
the neighborhood, based on research peñormed by the applicant this project will
help meet the demands of an underserved senior population in the community.
7.
Due to the nature of the project and it's intended uses, the traffic impa.:ts will be
less than allownble traditional multi-family development. Traffic during
construction will not present an adverse impact to public safety. The parcel is of
sufficient size to permit construction vehicles from unduly blocking traffic on
adjacent roads.
8.
The project will be reviewed by Collier County (or Stormwater Manag'~ment and
will not discharge to adjacent properties thereby creating a dramage p.'oblelD.
South Florida 'Vater Management Standards will be utilized in the des:ign of'the
drainage system.
9.
As stated previously, the proposed two story structures will not exceed :~ennftted
heights of adjac:ent properties. While a two story structure has the 9. p(Jtential for
ad,"erseJy affecting the "light and air" to adjacent properties, required :¡etbacks
and buffers will help minimize this potential impact.
10.
There is no reason to believe that the project as proposed will advenely impact
values in the ana. New quality development should in fact increase property
values.
~9'n For Public Burlnl! For PUD Bezone 4/14/03
-6-
Agenda Item No. 8A
May 11, 2004
Page 40 of 113
---.-..
11.
~--_.._. .
It :is the hope (If the applicant that the investment of new construction in the
neighborhood will act as a catalyst for similar development in the community.
12.
By granting this rezone, the goals, objective and policies of the Immokalee Master
Plan will be furthered. Any property in a similar situation will have the same
ab:ility to requt~t these types of changes, so the rezone will not constitute a "grant
of special privHege" to the applicant.
13.
The existing Ie Ding limits the property to uses that do not have a high demand at
this time. In addition, the needs of the community will be further servl~ by
providing this kind of housing mix.
14.
Preliminary studies by the applicant indicate a very real need for this type of
housing in Immokalee and the application has been tailored so that thE im.D1ediate
demand will bt addressed. In the future, more facilities such as this .Olle may be
required. .
15.
Due to the natu re of this request, being located in the ~'heart" of the community is
precisely when a project like this needs to be. There are limited opportunities to
find this acrea~e in the Immokalee community.
16.
The primary sire alteration required will be in the vertical constructioD of the
residential stru~es. Two-story structures that will be located adjacent to
parking with adequate buffering and green space will be the predominant feature
on the site. Water management areas will be located appropriately wh'~re none
exist today.
17.
A determination of adequate public facilities will be obtained from the
InUDokalee ", a1:er and Sewer District prior to construction.
18.
Generally, this project is designed to meet a present and growing need for housing
in the Immokal ~ community. Facilities that allow individuals who hue worked
and raised families in the community will not have to look elsewhere faIr housing
as they age. Th,~ design ofthe project which will permit "aging in placE" to some
degree will further establish the project as meeting the needs of the community.
PUD Rezone Consider.wons (WC Section 2.7.3.25)
1. The suitability of !lJI~ area for the type and pattern of development proposed in relation to .
physical characteriJtics of the land, surrounding areas, traffic and access, dra¡'nage,
sewer, water, and 01 her utilities.
The proposed proj,~ct takes advantage of being located in a core area of Inunokalee
where utilities, r03tls and public infrastructure are available. Through pnject
design the project will not represent adverse impacts to neighboring proputies
through placement of required buffers, spacing of buildings and limitatiOD of
heights.
ÁDDl1cadon For Public Beuin!! For roo RI zone 4/14/03
.7 -
Agenda Item No. 8A
May 11, 2004
Page 41 of 113
2. Adequacy of evide nee of unified control and suitability of any proposed agreEments,
contract. or other instruments, or for amendments in those proposed, particUlarly as they
may relate to arra "Igements or provisions to be made for the continuing operation and
maintenance of su;h areas and facilities that are not to be provided or maintdned at
public expense. F:ndings and recommendations of this type shall be made on y after
consultation with ¡he county attorney.
The applicant is the contract purchaser and has obtained the necessary permissions
to submit the application. Any conservation easements or recreational facilities
within the project boundaries will be privately maintained unless a specinc
agreement is created for maintenance by others.
3. Conformity of the proposed PUD with the goals, objectives and policies of thE growth
management plan.
The proposéd pun will further the Goals, Objectives and Policies of the Immokalee
Master Plan as foJIows:
a. Goal n is furthered by this project by providing needed housing in thl! central
portion of ImDlokalee which will further the "urban hub" concept of tbe lA.l\IP.
b. Policy 0.1.3 requires transition between lower and higher densities through the
use of physicaJ barriers, setbacks and height limitations. Through bullering,
application of;etbacks and height limits, the proposed project achieves the intent
of this policy.
c. 1\-lost importaJltly, this project most closely supports Goal ill which in part
supports the ereation of an environment where all "retired residents, ~Ind their
immediate resident families, will have a reasonable opportunity to procure safe,
healthful, and affordable housing...".
4. The internal and external compatibility of proposed uses, which conditions may include .
restrictions on loca !ion of improvements, restrictions on design, and buffering and
screening requirem?nts.
The project as proposed limits construction to two stories. The buildings ;are set
back from the proj ect boundaries so that they are not imposing on adjacent
structures. Buffer¡ provided meet or exceed those required by the Collier County
Land DevelopmeD1: Code. Whlle the project density is much higher than .
surrounding propfdies, the nature of a Senior Housing project results in far less
external impacts fIlat a the same density of traditional dwelling units.
5. The adequacy of us,!ble open space areas in existence and as proposed to serve the
development.
The project as proposed meets or exceeds the Counties open space requirelDent.
--
- 8 -
Agenda Item No. 8A
May 11, 2004
Page 42 of 113
ADDUcaIiOJ1 For PubUc Haml! For PUD R'20ne 4114103
6. The timing or sequence of development for the purpose of assuring the adequdCY of
available improve,nents am/facilities, both public and private.
The project will lie phased to allow for the anticipated absorption of unit/lover time.
As sucb, the demand for public utilities will also be phased in with each phase
requiring a review of the availability of adequate public facilities.
7. The ability of the subject property and of surrounding areas to accommodate 1>.XJXln.Yion.
Once built out, the proposed project will not be able to expand without the
acquisition of adþcent lands.
8. Conformity with PI JD regulations, or as to desirable modifications of such regulations in
the particular case, based on determination that such modifications of justified as
meeting public pwj ')()ses to a degree at least equivalent to literal application of such
regulations.
The proposed pun conforms with the most similar zoning district with sO.lIle
exceptions:
a. The anticipated parking requirement for facilities such as this has been
historically lower than the Collier County requirement based on the a.tpücant's
experience. As 8uch, a final phase of "reserved and grassed parking" may be
requested to kE.ep unnecessary construction costs down.
b. The traditional minimum square footage in mutli-family districts does not take
into account a :facility such as this where some but not all services are I,rovided
for residents. A combination of nearly self-sufficient living to levels of significant
assistance wiD be offered in close proximity to each other.
c. The project targets lower income residents and as such does not have tile market
flexibility to raise or lower rates at will due to federal funding restrictiuns.
Therefore, additional flexibility is built into the PUD to respond to mat'ket
chunges without have to incur the expense of a modification to the PUtt.
9.
Deed Restrictions: TIle County is legally precluded from enforcing deed restrictions,
however, many comID\¡nities have adoptéd such restrictions. You may wish to contact the
civic or property owner:; association in the area for which this use is being reques1ed in order
to ascertain whether or not the request is affected by existing deed restrictions.
10.
Previous land use petitions on the subject propertY: To. your knowledge, bl1S a public
hearing been held on tlis property within the last year? If so, what was the na1ure of that
hearing? No
ADDUcaÜO. For Public BUriDI! For roo Rc: :Olle 4/14/03
- 9-
Agenda Item No. 8A
May 11, 2004
Page 43 of 113
11.
Additional Submittal requirements: In addition to this completed application,:he following
shall be submitted in order for your application to be deemed sufficient, un1t:s8 otherwise
waived during the pre.,application meeting.
,,-
a. A copy of the pre. application meeting notes;
b. If this rezone is being requested for a specific use, provide twenty (20) copies (this
includes: HUI if ,rlfordable housing, Joyce Ernst, if residential and ImmokaleelWater
Sewer District, ifm Immokalee) of a 24" x 36" conceptual site plan [and one reduced
8W' x 11" copy of site plan], drawn to a maximum scale of I inch equ.ùs 400 feet,
depicting the following [Additional copies of the plan may be requested upon completion
of staff evaluation for distribution to the Board and various advisory board~: such as the
Environmental Advisory Board (EAB), or CCPe];
. aU existing and proposed structures and the dimensions thereof,
. provisions for existing and/or proposed ingress and egress (including ped.~an
ingress and egress to the site and the structure(s) on site),
. all existing and/or proposed parking and loading areas [include matrix indicating
required and provided parking and loading, including required parking fol' the
disabled),
. required yards, open space and preserve areas,
~-,
. proposed locat ons for utilities (as well as location of existing utility services to the
site),
. proposed andl()r existing landscaping and buffering as may be required by the
County,
c. An architectural rendering of any proposed structures.
d. An Environmental Impact Statement (EIS)~ as required by Section 3.8. of the Land
Development Code (WC) , or a request for waiver if appropriate.
e. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within
the previous twelve months), minimum scale of one inch equals 400 fe~ shall be
submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries.
Such identification shall be consistent with Florida Department of Transportation Land
Use Cover and Forms Classification System. Additionally, a calculation of the acreage
(or square feet) of native vegetation on site, by area, and a calculation 'and location(s) of
the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.).
- 10-
Agenda Item No. 8A
May 11, 2004
Page 44 of 113
I
ÅDDllcation For Public Heal'Ùllf For PUD RnoDe 4114103
"-----
£ Statement ofuti1ilyprovisions (with all required attachments and sketches);
g. A Traffic Impact :)tatement (TIS), unless waived at the pre-application meetÌJg;
h. A historical and frcheological surveyor waiver application ifproperty is located within
an area of historical or archaeological probability (as identified at pm-application
meeting);
1. Any additional r':quirements as may be applicable to specific conditional uses and
identified during the pre-application meeting, including but not limited to ¡my required
state or federal pcmuts.
J. An electronic verslon of the PUD on a disk as part of this submittal package.
k. Boundary Survey, no more than six months old - LDC Section 2.7.3.1.2.(8)
Please be advised that Section 2.7.2.3.2 (3) of the Land Development Code requires
an applicant to remove their public hearing advertising sign (5) after mhal action is
taken by the Bo8J-d of County Commissioners. Based on the Board's finnl action on
this item, please remove all public hearing advertising sign (s) immediate:ly.
ADDllutioD For Public HeariD2 For PUD Re: :Olle 4/14103
- 11 -
Agenda Item No, 8A
May 11, 2004
Page 45 of 113
7.
8.
-------
STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REOUEfi
1.
NAME OF APPLICANT:
Immokalee Senior Housing. Uti.
2.
MAILING ADDRES:Þ:
170 E. Center Street
CITY
Marion
43301.180(.
STATE Ohio
ZIP
3.
ADDRESS OF SUBJ]~CT PROPERTY (IF AVAILABLE):
East side of 11 d Street N.. Immokalee
4.
LEGAL DESCRIPTION:
Section:
. 33
Township:
46
Range:
29 .
N/A
Lot: N/A
Block: -
Subdivision:
N/A
615
Plat Book 1386 Page #:
00084280008 & 00084:120007
Property ID #:
0OO8408()()(~
Metes & Bounds Descliption: See attached survey
TYPE OF SEWAGE ))JSPOSAL TO BE PROVIDED (Cheek applicable sysb!m):
a. COUNTY UTILITY SYSTEM []
:b. CITY tJTll.,ITY SYSTEM []
c. FRANCHISED UTll..ITY SYSTEM [XI
PROVIDE NAMJ: Immokalee Water & Sewer District
d. PACKAGE TREATMENT PLANT [J
(GPD capacity)
e . SEPTIC SYSTEM[
5.
[J
6.
TYPE OF WATER SERVICE TO BE PROVIDED:
is. couNTY UTILfl'Y SYSTEM [J
]:) . CITY UTILITY SYSTEM [J
,=. FRANCHISED UTILITY SYSTEM [XI
PROVIDE NAME, Immokalee Water & Sewer District
IL PRIVATE SYSTEM: (WELL) . [J
TOTAL POPULATIO:~ TO BE SERVED: 119
PEAK AND AVERAGE DAILY DEMANDS:
A. WATER.PEAK 50.9GPM AVERAGEDAILY 18.326GPD
B. SEWER.PEAK 39.7GPM AVERAGE DAILY 14.280GPD
ADDUcatiOIl For PubUe He""'" For PUB Re:!ODe .ut4J03
- 12-
Agenda Item No. 8A
May 11, 2004
Page 46 of 113
..._~_._-
9.
IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL
WATER SYSTEM, :[JLEASE PROVIDE THE DATE SERVICE IS EXPECrED TO BE
REQUIRED: January 2004 .
10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic
drawing of sewage trc; atment process to be used as well as a specific statement regarding the
method of affluent an i sludge disposal. If percolation ponds are to be used, then percolation
data and soil involved shall be provided from tests prepared and certified by a professional
engineer.
11.
COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located
within the services Jx,undaries of Collier County's utility service system, written notarized
statement shall be provided agreeing to dedicate to Collier County Utilities the water
distribution and sewage collection facilities within the project area upon completion of the
construction of these filCilities in accordance with all applicable County o~s in effect at
the at time. This statement slÍall also include an agreement that the applicable. sýstem
development charges 81ld connection fees will be paid to the CO\mty Utilities Division prior to
the issuance ofbuilding permits by the County. If applicabl~ the statement shalllX)nt8Ín shall
contain an agreement 1:0 dedicate the appropriate utility easements for serving the water and
sewer systems.
12.
STATEMENT OF A'" AILABILITY CAPACITY FROM OTHER PROVIDIœ8: Unless
waived or otherwise p:uvided for at the pre-application meeting. if the project is to receive
sewer or potable water services from any provider other than the COl.mty, a statement from
that provider indicating that there is adequate capacity to serve the project shall be provided.
Utillty ProWloa StaÞmeDt RJM 181171fJ7
ADDUl:8t1on For PubUc Ø...rlmr For PUD RlWDC .fI1<41O3
Agenda Item No. 8A
May 11, 2004
Page 47 of 113
- 13 -
-----
LETTER OF A UTHORIZA TION
As authorized representati"e of United Church Homes,!, Cheryl Wickersham, Assistallt
Secretaryfrreasurer, UCCjaY, Inc., General Partner oflmmokalee Senior Housing, LID,
contract purchaser, autholÜe Davidson Engineering, Inc. & Talon Land Management ':0 apply
for permits & represent us in any matters associated with the Immokalee Senior Housillg project
~1?~. f.M~~
WItness Signature
~~)
Cheryl ckersham, Assistânt Secretary/
Treasurer, UCCXIV, Inc., General
Partner oflmmokalee Senior Housing,
L TD, Contract Purchaser
Alord1ð. A. (!re..u,J L
Typed or Printed Name of Witness
The foregoing instrument was acknowledged before me this 9d. day of~~ 2003,
by Cheryl Wickersham, Asnistant Secretaryffreasurer, UCCXIV, Inc_, Geneial PartnCJ~ of
Immokalee Senior Housing. L TD, contract purchaser, who is personally known to me or has
produced as identification.
State of ~L
County of -1~
RE-SUBMITr AL
PUDZ-2003-AR-4391()
PROJECT )jöo9'ettmt.Jo. 8A
DATE. 10121/0~~ay 11, 2004
KAY DESELErftlge 48 of 113
------
LETTER OF AUTHORIZATION
As authorized representati',e of United Church Homes, 1, Cheryl Wickers~ Assist2nt
Secretaryrrreasurer, uccav, Inc., General Partner of Immokalec Senior Housing, L TD,
contract purchaser, authorire Davidson Engineering, Inc. & Talon Land Management to apply
for permits & represent us in any matters associated with the Immokalee Senior Housing project.
1!f21d Lt. 11. f AJ1D<-
W mess Signature
~~/
Cheryl ckersham, Assistant Secretary!
Treasurer, UCCXIV, Inc., General
Partner ofImmokalee Senior Hc'usÌng,
LTD, Contract Purchaser
-Ûf1 r ~IJ. A. ~rt:.. u.J ~
Typed or Printed Name ofW'itness
The foregoing instrument'" 1lS acknowledged before me this r¡d- day of~'-:::.-, 2003,
by Cheryl Wickersham, As:¡istant Secretaryffreasurer, UCCXIV, Inc., Geneial partner of
Immokalee Senior Housing LTD, contract purchaser, who is personally known to me or has
produced as identification.
State of êf~
County of _1t4.~
" . A . ~vJ
ignature of Notary Public
State of \!) /f¡i> )
RE-SUBMITT AL
PUDZ-2003-AR-43~ÞO
PROJECT ~iU~~~o, 8A
DATE: 10/21/03 May 11, 2004
KAY DESELEMtge 49 of 113
.---- ---
LEITER OF AUTHORIZAnON
.As owners of the subject property located at 61310111 SIreetN..lmmo.kalee, We. Aller. & j
Barbara Fish, authorize ImmokaJee Senior Housing, Ltd. to apply for POO Rezone &: Site
Development Plan Perm IS and represent us in any matters associated with the hnmokalee Senior
Housing project.
. J. . ~~~
AVib1$~ \
,8.ø*~.J¡ j~llÞu.J "-'
Typed or . led Name oCWimess
.o~ 9~-
Allen Filb. Owner
.4k1~
Barbara Fish, Owner
'Iñe foregoing instrument was acknowledged before me this ~ day oC ~ ¿;;. --' 2003,
by Allen & Barbara Fish, owners of613 lOd! Street N.. who are personally known to ale or has
produced as identification. - -
s- of ~
County of
~t
( ~-=~omy Public
State of )
-
(Print. Type, or Stamp Commissioned
Name of Notary PubJiç)
::QJ-' ~... =
~.. . --'De"
~ -a¡-..... ...
MIIIIíI ........tIt.
.,-
RE-SUBMITT AL
PUDZ-2003-AR-439(t
PROJEC1f~2003010011
DATE' 10Jiì~o~a Item No. 8A
. ;,.May 11 , 2004
KAY DESELEJ.~age 50 of 113
LE'ITER OF AUTHORIZATION
As owners of the subject property located at 613 10111 StreetN., hmnokalee, We, Allen &. i
.Barbara Fish, authorize Jmmokalee Senior Housing, Ltd. to apply for PUD Rezone & Site
Development Plan Permts and represent us in any matters associated with the Immoblee Senior
Housing project-
~~J~
..witness a~ \
g~*~ J6 ~li.DuJ "-'
ryped or eel Name of Witness
{]a- ~-
£{~
. ~
Barbara Fish, Owner
'lñe foregoing instnlDlmt was acknowledged before me this ~ day of ~~ --,2003,
by Allen & Barbara Fish, owners of 613 1 O~ Street N., who are personally known to rn. or ha.s
produced as identification. -...::::=.
S1BIc of ~
County of
( 19natuJe ?otary Public
State of )
,
(Print, Type, or Stamp ConuniSliÌOI1ed
Name of Notary Public)
o:¡tI-' ~~a~!;=
! . . --- ..... 13. ..
~ -r¡-.... 'ØN
MilliE JtI'" ~ .. ...
RE-SUBMI'IT AL
PUDZ-2003-AR-4390
PROJECf #2003010011
DATE: 10/21/03
KAY DESELE~enda Item No, 8A
May 11 2004
Page 51 of 113
--.--.---- -----
FROM Da~id8on Engineering
~.~~.3:2~/NV bJlOUI"':loIoI ,
OWNERSHIP
~F '.,. nf
I
,
We, -..&j!lJ #- BdI'~a Full being./im JuIy.nw>"", .8. œttd MIY ., w, aTe tit.
OWIIIln ~f 1M J»'OI1Ð1Y Ju~ herein tIII4l wlllclt i.I tlae .svhjct:IJP.!OIW of 1M
proPØleø' 11«1,.,.,: dNar' all lite ora.swers to 1M fWUtlDNI ¡n tJ.b ØPTJiicø.riørr.
¡nclvdl",. 11lØ düclosur. 01 Inl,"ur bý'omulliolf. all /r,e,c;"'. åtø, ØnI orIter
3UJ1pktmnJtJry maINIf' øtlGç/aød to tmd matle CI XITt of ,¡'¡,¡ appl~. tlTt/ ."."
41Id ", to 1M hell of OUt' IatøwWp Mil belùf. We VIIIlu,'dM 1#1- ~
i'!fo"""f on nqIIUte'¡ on rills dl'p/iCOIÚJlJ"""" be œ..,. tDU/tlCCWfdl4 tINI 1M'
1M amtr'" of tIaù form. whether COIIfpUIØ gl!tlØøtd or County PM" $/rallllDr
H oh.ret Public MØ1'Ïnp wiU MI be ~/ cd 1111111 tIri.t øppNcøät:. Í de~d
é'XIMpÑU. IIItJ flU ,.,1I;nIl1 ~ lltulMm øbmillwl.
At property~. WI! júrlIt.,. tndlto,uc IlMlOkøJa Søior H~ LJJ. tU DIU
OÃ;: :; ~ - ...... ~ ~ C~
Sip4UU1' of Prøpvty 0..",.,. sip."". of I+optmy OwnItr
AU'II Fû'¡'
Typed Of Printed NtIIM ofOwrrcr
B4TbørtI Fhla -
1'ypetl ør PrlNNd No" ofOwMr
. -fl'
~~~~~¡¿rAJo ~~
.bwwíJ k~ has ~~ 'T- A./ tIS II} tkm.
SIIII, of. // :::
CøIUl~;iMÆ, ~
(S1p4tww of 0
(Pri1II. Type. or Stœtrp
NtÑIV)I hbIù:)
~-,
RE-SUBMITT AL
PUDZ-2003-AR-4~i90
PROJE~~Wlrio. 8A
DATE: loÎ2ïíõï~aYll, 2004
KAY DESELEM'ge 52 of 113
.,--,
FROM Davidson Engineering
:: EXHIBIT F
OWNERSHIP
AFFIDA nI
,I
I
We, :....4L'm cI BtJI'wa FuJr Mncfi," dllly.rwom, Mpoft and uy th.wø are rlt,
OWltUS øf 1M propø-ty JuçrlbeJ MNÌ1t tJrtd ".,"fell iß tIle .JVbj«l tISCI#U of ,It.
propMel 11«1"",: r/uu (lIt lhe dflSWen tf 1M putlt>1U in lAb øppIic:øfÚ 1I.
i"cludbtr 1M ditclosun of l1It,rur I1ýonrtørlØII. øll 8/œ1dra. -.. ØnI orMr
3UPplÐflmJdr)' m/IIHI" øtlDcle- 10 a1td 1M. CI JIfIrt of'¡'¡'¡ øpp/~.. 8I'fI ~,
4nd ,"" to rM bell of 0U1' /atqw~. GIrd belif/. We urt4ulawl IIu.at rM
i"/o""'I'IO" rquured 011 rJtü dJ'pllctJlIOft "...,f be C(J"'P"" tDUI tlc:curtW lUWIlItø
,II. contvat of tJUs form. whether co1JfPUlØ gÐleTøI.J or CoJl1Jl)l prtrMll slu:J/l 1101
H øll."~ Puhlic 1tU7i"" wtU Mt he tll/vertútd II1ttll tlttJ appli~ ÌI tkcnuHl
coMpÜ"" IINI all Nt MinJ i~" ~ bøøt svlNrùlW.
.A.r prop.!Tty DWnen. JV-.JiøtII.,. dtdltortz, bnmoUJa SøÎðr HDumtø. LId. tU tnU'
'O¿;; 3 ~ - ...-. - Pø~ c:~z
.. S~hII. of Propvty OwI8ø ~ of Pro,.. ~ Owrtr
.tU.1I Flrlt
1ÿpetl ( .,. Prlnûd Name of Owrwr
BarlIartl Fl.'"
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RE-SUBMfIT AL
PUDZ-2003-AR-4390
PROJECT #2003010()11
DATE: lOl21/Menda Item No, 8A
KAY DESELEM May 11, 2004
Page 53 of 113
4~4_'_~~W -W'W-
- ----- -..
----
---- --------- -- -
COVENANT OF UNIFIED CONTROL
"---
1be uadcrsigned do hereby"",":ar or affirm that they are !he fee simple titleholders &lid ownen of record of
property, located at 102 11. Street N., Imrno1cakc, fL aDd lc¡a1ly deacribed ill Exhibit A attached ber=.
The property d.c~ hcreùI Ï$ tho subject of an appliutiOll. for planned UDÌt dcvelopmcm (PUD) ¡:oning. We
hc:rcby desipaœ ImmobJce ~iCDior HoWÙI,J. Ltr1. 1e¡aJ lcpRSaxDbYe ~ IS the \c¡a! ¡epmcut1Ôft$ of 1br:
propaty aød as s\)Cb, dicK ÍJI.divid.ua1s are aU1boriæd to lepl1y biocS all 0WQeR of tbe prGpeItY iD tile course of
feeJåDg the :oec:c:rssaty aJ'Pl'O"JJa 10 develop. This authoritY iDclucIes, bur is DOt liøú.1ed to, the 1åriD& met
authorization of ageDb to u.~ist in the pn:pataåoD of applications, plans, surveys, ad atudies nec::essuy to obtaiø
2aaiq approval 0J1 the site. lbese ~ will moain the only entity to autborizo deve1.opmert lC1ivity em
the propeny UD.tiJ such lime IS , new or amcø.ded covenant of mù.6ed COIIIrOI ia delivered to Collier Coulli}'.
The UDdersi¡aecl Jec:ogaize the foDowiq and wiJ1 be guided lCCOIdUI¡Jy ia die pamåt of de\loIoF-- or 1he
project:
1. The ~rty wiJ1 be cleve loped and used in CODfOrmky with the 8pF17Yed mutø p1ao iDcludiQs .n CQDditioDs
placed on the dcvelopDltl.t and all c:ommianents apec1 to by tho applical ÍD CCIJIDOCÚOn ..,.,jib Þ pl8lmed unit
devdopmont RZOrIÍDI-
2. !be legal repxetadative iienti6cd herein is respomwJe tar comp1iaDce with all temw. conditi.oas, safeøwII'ds.
ud stipulatioas made It. time of IIppI'VVÙ of the master plaD, cve::D Jtdae property is sub5eqUdY sold iD
wbolo or in put, unless mad UD1Il. IICW or IØDded covmam ofUDifieci CCG1rO) is deHvered. to and reccxdcd by
Colücr County.
3. ^ deputvc £rom the prvt moDI of die approved p1la8 or . £ai1ure to comply YlÍdIay ~I, c:onditioaf,
ar safCJllU'b provided h in the pJaaDed 1DÙt developmat ptOC8$I wiD coo.ti~ a violatiœ of the LuMI
Dcvdopmeøt Code.
4. AD tams aDd coadi1ioDS of the planned unit development approval wiD be incorpcmIb:d iDIo ClrvaIADU aDd
ratrictioøs whic:h nul witb. the laDCI SO as to provide notice to ru.b~ O\¥JlCD thac all dcYolopmeDt aaivØy
withiD the plaœed unit c!.eveJopmmt must be coœis&eDt with tboIe termllIId CODditioDS.
5. So Ion. as this coveaa.nt is in force, Col1iet County can, \1pOD the discovay OfDODCOmpliaD;e w.dl1bc 1mDI,
satep*ds, and c:oodiåol.. of the p1aDDed unit developmc:al, seek eqai1ab1e rdieí as necesJ8ly 10 compel
c:oIq)lØ.oœ. The CoUDry win DOt issue permits. cetti1ieates, or Iic:eIIIa ., occupy CI" use an:, pan of !be
plmned unit deve1op1DCØl1Dd die County may stop cmgoiø¡ CODIlÞlctioD acti'rity \111fi1 the projcl:t ÍI bmuchI
into cOllt'tiance with aU Þ mas, co:aditi.ous and safe¡uards of !be p1aued 1IDÍC deve~
~ ¿;J ÁIl - ~ DLa, r!Å/t
" L é /J/ ¡:;.J"# ~ A4P~ 1= 15J+
PriIItI:d Name PriDIed N uœ
STAn Of FLORIDA)
COUNTY OF COUIER)
)Í
Sworu to (or a.ffirmed) II2CI subscribed befoR me tbia / i day 01 --1kl'
. 2OQ.S. by
_d~_~~
~....
- as ide:ati&ation.
(N arœ typed, printed Œ stamped)
(Serial Number-, if aoy)
,.~ Idwud R. OJesb
-~~ ~ . ÐDO9:IrÌá
5~ ;,š B:qIIIa Feb. J:J. ..
s. JoDd8d 1'bni
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Ç;\lMndows\Ternpol"lilty IntetnøI FiI_\0lJ<A071\COVENANT OF UNIFIED CONTROL.doc
2ND RE-SUBMITf ilL
PUDZ-2003~~~tbm No. 8A
PROJECT #2003~11.1, 2004
DATE: 3/5/04 Page 54 of 113
KAYDESELEM
~
.
(i) PUDZ-2003-AR-4390
II PROJECT #~OO301O01I
',....' DATE: 7/11M3
PUD KA Y DESEIEM
PRE-APPLICATION MEETING NOT~~
-;,
Date: 1/8/03
Time:
1 :30 D.m.
Agent: Rick Joudrey @ Davidson En2Íneerinl!
Project Name: UNITED CHURCH HOMES PUD
Applicant Name:
Phone:
Owner Name:
Owner Address:
Meeting Attendees:
Phone:
SEE 0\ IT ACHED SIGN IN SHEET
MeetiD2 Notes
Planner:
Kav Deselem
~ bMUS ~~Ib.\ of <6 lM;tyac. for ~~tJ~
,IS Æu '-T- {~. Ç>í~ U<.L ! (0. \-, <.-..t..\Q, -\0 \ \<.D - Ø-- ì h ~ ~
6., ~e.t\~ ~ (QaU~f<td -NJ\- ~
--:P "';t k¡ ~ -Í' d. .....' h:i ~"t. Þ<- d =~ V I..... \n t" 1ClI'.r&. oÝ
-- ~\J\Cl"¥\rl\ ~ w' l.5 Qq\J\ÝI14Ao~ ~~~ck ~~uck~rt1.~tM
17 Copies of the following: '....\"J.a'Þ'~{Þ\Ju\...A 'PI r-\ ~~ . t. '4QC~~ .s.-ik. s 'Ze....
~ Completed Application \ \. - \ t
~ Pre-application Meeting Notes -to.rn..\.- ..fc< Q..\~ u. I)O.\S\~ 'Du.~
~~ Conceptual Site Plan 2¿." X 36" and One 8 ~ X II" copy ., ~ 0 ....., .;;/
"bJ PUD document and Master PIano-both a "hard-copy" paper version and an electronic version 'C\O\-~
2 Copies of the following:
~ Deeds/Legal descriptiol' & signed & sealed survey
""-..CÐ List identifying owner & all parties of corporation
~~ Owner/Agent affidavit ::igned & notarized
'"'bJ 1 copy of completed Ac dressing Checklist . d
4 Copies of tb~ following: (tA,'J'(C
~ g Traffic Impact Statement (TIS) er '¡¡ai.a /"
"'B Environmental Impact ~:tatement (EIS) or waiver
""'EJ Historical Surveyor wa ¡ver request
~ Utility Provisions Statement w/sketches
~ ~ Architectural rendering of proposed structures
~ ~~~igned & sealeè .
~ e en erial Photograph (with habitat areas defined) min scale I" = 400' . H- ~ \;..e- (~U~ ~ \"\ ~
Fees: (oY\ð.~eY\ðJ. Us,..(.*, b í~
0 Application Fee $3,000 + $25 per acre, or as adopted at time of submittal ~~ r- Co c-(
0 $25 Data Conversion r \ - o\.A F-\ I
0 $300.00 Pre-application fee (to be credited toward application fee upon submittal). ,(, ~~ -ro f',¡~ \ PC
Fee Total $-_flt:/1 ~I~ at ~
~~\\.c..A~\- 1'^.'-A.C;Y ~c:.\.a~
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30 U~\t5/ 0\6-3:" 2. b\~
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Fees to be paid after receipt of h !voice from Planning Department:
Property Owner Notijlcations: $1.00 Non-cert/fled,. $3.00 Certified return receipt mall
Agent/Owner Signature -
-----
1
Da~enda Item No. 8A
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~ k.ì,,~~.~J>:,-(\ , W I~ \; ~~ Ill.... 1nf"IO "'" . oý
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~ Completed Application \
~ ~IIppUcatíOD MuriJ\gNotcs T('I"ft-~ ~(' t.\.dJ;~ U hCM!.,.. ~\L~
~ ~ Conceptual Site Plan :!4" X 36" and One 8 ~ X t J" copy '^' 'tJ' G..J
'\:J PUD document and tv'. aster Plan-both a .hard~py" piper version and an electronic: vcnion ~hL.:F
............ ~Coples or the loUowlDg: "
_"""9J DeedslLegal dcsc:riptJ,)n &; signed & sealed swvc)' \.I.~~ ~~....
"'-.G1 List idenúfyiDs owner" &; all parties or corporation . (
~~ ~/Agcnt affidavP" signed &; notarized o.?>(~ ~ '^ \-\~ ~O
~ 1 copy of completed hJdressing CbeckllSt ." . d
.. Copies or ~e rollowilll: (~\1"c "
-E' TraffidmpmStaœmnnt(TIS)eruBmr""" .30 . . L. / \_\, , 2 \ Xl.c
~ EnvironmentallqJac:t Statement (£IS) or waiver V't'\ \TS / D\(J q ", Ij "U
~ HistoricalSurveyorwaiverrequest 4-~ \W\\-t /b\Ä.. -{ I bl~
~ utility Provisions SW~ent w/sketches / -.:.J' -:J
~ ""';;¡) ArchitectunJ rendering of proposed structures "
'iiI ~~&se'kd .
pa . Pbotogr.lpb (with habitat 8reas defined) min scale 1" - 400' ~ -~t... (~v~ i\" ~
Fees: (Or\Ó:~~ Ùs,.(.~b ("
0 Application Fee ~3.()()O'" $2S per acre, or as adopted at time ofsubmiaal ~~ V- Cc, O{
B ~~~bt:;:.n;:=Ql fee (to be credited towvd applicarion fee upon submittal). Ú...~ \-t, ~ F- .-
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Fen ttJ 1M paW after receipt ol¡'lttlØle~frøIrr Plamtlnr DepIU'lrllÐtt:
P'ðp~ (ftmer Noti/klllttms: II_DO No1l-CutJ,fW," 13.00 CmIjled rdIIm rtC4lpt maU
AceDtIOwner StgD8ture
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May 11 , ;¿UU4
Page 57 of 113
~-- -- ------
--
RE-SUBMITT AL
PUDZ-2003-AR-4390
PROJECT #2003010011
DATE: 10/21/03
KAY DESELEM
.IMMOKALEE SENIOR I
Transportation Impact Study
Prepared For
United Church Homes
170 E. Center Street
P.O. Box 1806
Marion, Ohio 43301-1806
Prepared by
Davidson Engineering, Inc.
2154 Trade Center Way
Naples, Florida 34109
.. -
. Matc~ ~~~3 -
, '<. . ) '.
f'-
Agenda Item No, 8A
May 11, 2004
Page 58 of 113
-_._-~..-
INTRODUCTION
Immokalee Senior I is a 7.44::1: acre parcel located on east side of Eleventh Street North just south
of Highland Elementary School in Section 33. Township 46S, Range 29E. The prope¡ty is
currently zoned RMF-6 anll due to demands for senior housing in the area we are seeking a PUD .
allowing 16 units per acre to allow for a financially feasible affordable housing complc=x for
senior citizens. This development style would provide a needed housing alternative to the
existing zoning.
EXISTING CONDmONS
The site is CWTently bounded to the north by developed residential (RMF-6) and to the east by
devçloped residential (RMI'-6) to the south by developed ~dential (RMF-6) and to the west by
the Eleventh street North ROW.
TRIP GENERA nON
Trip generation rates where per the Institute of Transportation Engineers publication, Trip
Generation Sixth Edition. Apartment (LUC 220) was used for worst: case existing buil,i-out
scenario and Elderly HOuslllg Attached (LUC253) for the proposed PUD.
TRIP GENERATION (Existing Use)
Table 1
Single Family Detached Housing (LUC 210)
c I{ = 45)
Period EonatioD Trip Generation Enter EDt
Weekday LN(f) = 0.920 LNOO + 2.707 497 (50%) G;oo,4)
249 :M9
AM Peak (I) = 0.700 (X) + 9.477 41 (2S%) (75%)
- 10 31
. PM Peak LN(I) = 0.901 LNOO + 0.527 52 (64%) (;6%)
33 19
TRIP GENERATION (pr()pðsed Use)
Table 2
Apartment (LUC 220)
(J( = 119) .
Period EQuatioD Trip Generation Enter Edt
Weekday (f) = 5.994 (X) + 134.114 847 (50%) (50%)
424 424
AM Peak (I) = 0.542 (X) + 3.805' 68 (28%) (ì.!%)
19 l,9
PM Peak (I) = 0.599 (X) + 16.500 88 (61 %) (3~ OÁÞ)
54 ;4
Agenda Item No. 8A
May 11, 2004
Page 59 of 113
- ------
.-
EXISTING TRAFFIC
The existing roadway is a :~ lane residential neighborhood street. The proposed uses impact on
the LOS C AADT is 7.9% per ARTPLAN 2002 Planning Analysis.
CONSISTENCY WITH GMP
The project is consistent with the following policies of the Traffic Circulation Elemen:: of the
Growth Management Plan .IS follows:
. Policy 1.3 - Project does not affect any roadways sited in this policy.
. Policy 1.4 -Project does not affect any roadways sited in this policy.
. Policy 4.4 - Developer will provide sidewalks per this policy.
. Policy 5.1 - Project does not significantly impact any roadways.
. Policy 7.2 - Project does not significantly impact any surrOlmding neighborhood
. streets .
. Policy 7.3 -1he project will be designed in a manner to promote safe and
convenient on-site traffic flows and adequate parking availability.
CONCLUSION
Based on a LOS C volume cf 10,700 the proposed POO's traffic of847 trips would ha',o an
impact of7.9%. The existing zoning would impact tho LOS C capacity by 4.6%. Any
transportation in.ftast:ructure required by this use will be furnished at the owner's expense.
#_.
Agenda Item No. 8A
May 11, 2004
Page 60 of 113
UNITED CHURCH HaMES: IMMOKALEE SENIOR HOUSING (02113/04)
On Monday, November 17, 2003, Davidson Engineering presented the United OaJtcl1
Homes/Immokalee Sedor Housing project. The meeting took place with Collier County
Planning personnel ant. surrounding residents of the site. A number of concerns were
raised during the meetiJ1g by residents.
One of those concerns was parking. . Davidson Engineering suggested that the perldng be .-
reduced to accommodal e an increase in landscape beaùtification.
Another concern by residents involved market rate multi-family use of the property.
Davidson Engineering agreed to remove this option in the PUD resubnJ.ittaL
The last and most impoItant concern at the meeting was ptopcrty values and secmity.'.
Davidson Engineering did not have an answer for whether the value of p.('()perty woukt
increase or decrease. Th e answer for security would ¡,e an on-site mAnAger.
Surrounding residents of the site had no other pertinent opposition to the ImmokaJeo
. Senior Housing project.
3RD RE-SUBMITT AL
PUDZ-2003-AR-4390
PROJECT #2003010011
DATE: 3126/04
KAY DESELEM
\\I~ .~mpany\ActivePro.iu:t8\U\UniœdCburchHomesð2-0061\0213-04 ~~W~!.t~m No. 8A
1V1 . mtuummæy fV1ãy 11, 2004
Page 61 of 113
I~
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NEIGHBORHOOD INFORMATION
MEETING (N .I.M.)
DATE: 1\-1~7- 03
TIME: 5: 36 lli.
LOC~~ TION :
r ø J
Please Print Name
J~ (K~
SUBJECT: --
~~.~
: KIN AN EFFORT'1ro CONSTANTLY IMPROVE UPO& THE
PUBLIC NOTIFICATION PROCESS, PLEASE INDICATE
NUMBER: HOW 'WERE YOU INFORMED OF TODA V'S
MEETING? 1. Mailing
2. Newspaper ad
3. Other
Address Survey #
7~fD ~~~ \
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Agenda Item No, 8A
May 11, 2004
Page 62 of 113
-~---- --- - -------
lmmokalee Senior Housing
. "
Page 1 of I
DeselemKay
From: Tocia Weeks [Tocia@davidsonengineering.com]
Sent: Friday, November 21, 20C3 1 :45 PM
To: DeselemKay
Cc: Rick Joudrey
Subject: Immokalee San ¡or Housin ~
The attendees for the public notice mE!eting other than the County staff and public were as follows:
1.
Rick Joudrey, P.E. (Engineer)
Davidson Engineering. Inc.
2154 Trade Center Way
Suite #3
Naples, FL 34109
(239) 597-3916
2.
Jeff Davidson, P.E. (Engineer)
Davidson Engineering, Inc,
2154 Trade Center Way
Suite #3
Naples, FL 34109
(239) 597-3916
3.
Joe Legan (Architect)
SLA Architects and Planners, Inc.
11382 Prosperity Farms Road #225
Palm Beach Gardens, FL 33410
(561)626-6599
4,
MaryJane. Manager (United Church Homes Representative)
Cypress Run
550 Hope Circle
Immokalee. FL
(239) 657-9032
Let me know if you have any other qucntions.
Thanks
Tod- Wedø
PermittiDg CoordiDlltor
lJIlvid6OD EDgiDeering, lac.
219-597-3916
219-597-5195
Agenda Item No. 8A
May 11 , 2004
Page 63 of 113
11/21/2003
NEI(~HBORHOOD INFORMATION MEETING
The public is invited to ,lttend a neighborhood meeting held by Rick J. Joudrey, of
Davidson Engineering, Jnc., representing United Church Homes on:
Monday, November 17, 2003 at 5:30 p.m. at
Cypress Run, 550 Hope Circle, Immokalee
Subject Property: 702 11 tb Street N., located on the east side of Eleventh Street North
just south of Highland Elementary School.
The property owner is pt:titioning Collier County to rezone the property from RMF -6 to
PUD to limit the uses allowed on the property &om 45 to 119 multi-family units.
WE V ALUE YOUR INPUT
Business and property owners, residents and visitors are welcome to attend the
presentation and discuss the project with the owner/developer and Collier County s-taff-
If you are unable to atten d this meeting, but have questions or comments, they can be
directed by mail, phone, fax or e-mail by December 17, 2003 to:
Linda Bedtelyon
Community Planning Coordinator
Community Development &
Environmental Services Administration
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 213-2948
Fax: (239) 403-2395
lindabedteJyon@coUiergov.net
Agenda Item No. 8A
May 11, 2004
Page 64 of 113
ORDINANCE NO. 04 --
AN ORDINANCE AylENDING ORDINANCE NUMBER 91-
102. THE COLLIER COUNTY LAND DEVELOPMENT
CODE WHICH INCLUDES THE COMPREHENSIVE
ZONING REGULATIONS FOR THE UNINCORPORATED
AREA OF COLLIER COUNTY, FLORIDA BY AMENDING
THE OfFICIAL ZONING ATLAS MAP NUMBERED 6933S;
BY CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM "RMF-6"
RESIDENTIAL MULTI-FAMILY ZONING DISTRICT TO
"RPUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT
FOR A PROJECT TO BE KNOWN AS THE IMMOKALEE
SENIOR HOUSING, LTD. PUD TO ALLOW A 119-UNIT
RESIDENTIAL PROJECT THAT WILL BE DESIGNED TO
PROVIDE 59.52 AFFORDABLE HOUSING UNITS;
APPROVING AN AFFORDABLE HOUSING DENSITY
BONUS AGREEMENT AUTHORIZING THE DEVELOPER
TO UTILIZE AFFORDABLE HOUSING BONUS DENSITY
UNITS (IN THE AMOUNT OF 59.527 UNITS AT 8.0 BONUS
DENSITY UNITS PER ACRE) FOR PROPERTY LOCATED
ON THE EAST SIDE OF 11TH STREET NORTH, JUST
SOUTH OF LAKE TRAFFORD ROAD AND HIGHLAND
ELEMENTARY SCHOOL, IN SECTION 33, TOWNSHIP 46
SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 7.44:t ACRES; AND BY PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Rick Joudrey, of Davidson Engineering, Incorporated, representing
Immokalee Senior Housing, Ltd., petitioned the Board of County Commissioners in petition
number PUDZ-2003-AR-4390 to change the zoning classification of the herein described real
property.
NOW, THEREFORE, BE IT ORDAINED BY the Board of County Commissioners of
Collier County, Florida, that:
SECTION ONE:
The zoning classifIcation of the herein described real property located in Section 33,
Township 49 South, Range 29 East, Collier County, Florida, is changed from "RMF-6"
Residential Multiple-family zoning district to "RPUD" Residential Planned Unit Development in
accordanee with the Immokalee Senior Housing, Ltd. PUD Document., attached hereto as Exhibit
"A" and incorporated by reference herein.
SECTION TWO:
The Official Zoning Atlas Map numbered 6933S, as described in Ordinance Number 91-102, the
Collier County Land Development Code, is hereby amended accordingly.
Pagel 012
Agenda Item No, 8A
May 11, 2004
Page 65 of 113
SECTIOl' 11IREE:
This Ordinance ,.]..11 become e!Teenye upon filing with the Department of State,
Coomty, Flonda. this -- day of
PASSED AND lIUL Y ADOP7ED by the Boord of Coomty Commissioners of Collier
AITEST:
DWIGHT E, BROCK. CI.ERK
Deputyaerk
Approved as to form
~ 1egal.ufficiency
" ,
'c/, ",;1,;
," \ ,\1, '"j,
Patrick G, White
Assistant COWIty Attomc:1
,2004,
BOARD OF COUNTY COMMlSSIONlRS
COLLIER COUNTY, FLORIDA
BY:
DONNA FIALA. CHAIRMAN
Attlc!unents: Exhibit II. PUD Document
Exhibit B, Affordable Housing Density Bonus A~
Page 2 0/2
Page 2 012
Agenda Item No. 8A
May 11, 2004
Page 66 of 113
IMMOKALEE SENIOR HOUSING
A RESIDENTIAL PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE IMMOKALEE
SENIOR HOUSING PUD, A RESIDENTIAL PLANNED UNIT DEVELOPMENT
PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT
CODE
PREPARED FOR:
United Church Homes
170 E, Center Street
PO Box 1806
Marion, Ohio 43301-1806
PREPARED BY:
Davidson Engineering, Inc.
Rick Joudrey, PE
2154 Trade Center Way
Suite 3
Naples, FL 34109
Talon Management, Inc.
Tim Hancock, AICP
3898 Tamiami Trail North
Suite 202
Naples, FL 34103
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
Agenda Item No, 8A
May 11 , 2004
Page 67 of 113
TABLE OF CONTENTS
LIST OF EXHIBITS AND TABLE
STATEMENT OF COMPLIANCE AND SHORT TITLE
SECTION I :
SECTION II:
SECTION III:
SECTION IV:
PROPERTY OWNERSHIP & DESCRIPTION
PROJECT DEVELOPMENT
RESIDENTIAL AREAS PLAN
DEVELOPMENT COMMITMENTS
2
PAGE
3
4
5
7
11
14
Agenda Item No, 8A
May 11, 2004
Page 68 of 113
TABLE 1:
DEVIATION LIST
EXHIBIT "A"
EXHIBIT "B"
EXHIBIT "C"
EXHIBIT "0"
LIST OF EXHIBITS AND TABLES
Development Standards
PUD Master Plan
Legal Description
Location Map
Boundary Survey
3
Agenda Item No. 8A
May 11 , 2004
Page 69 of 113
STATEMENT OF COMPLIANCE AND SHORT TITLE
The development of approximately 7.44 acres of property in Collier County, as a
Residential Planned Unit Development to be known as IMMOKALEE SENIOR
HOUSING PUD must be in compliance with the goals, objectives and policies of Collier
County as set forth in the Growth Management Plan as it may be amended. The
residential and recreational facilities of IMMOKALEE SENIOR HOUSING PUD will be
consistent with the growth policies, land development regulations, and applicable
comprehensive planning objectives of each of the elements of the Growth Management
Plan for the following reasons:
Residential Project
1.
The subject property is within the Residential Designation, High Residential District as
identified on the Immokalee Future Land Use Map as required in Objective II.l; of the
Immokalee Area Master Plan.
2.
The subject property's location in relation to existing or proposed community facilities and
services pennits the development's residential density as required in Policy 11.1.2 of the
Immokalee Area Master Plan,
3.
The project development, as stipulated within this PUD document regarding increased
setbacks and buffering beyond the minimums set forth in the LDC, is compatible and
complementary to existing and future sUITounding land uses as required in Policy 5.4 of
the Future Land Use Element and Policy 11.1,3 of the Immokalee Area Master Plan.
4,
Improvements are planned to be in compliance with applicable land development
regulations as set forth in Objective 3 of the Future Land Use Element.
5.
The project development will result in an efficient and economical extension of
community facilities and services as required in Objective 3 of the Future Land Use
Element.
6.
The projected density of 16 dwelling units per acre is in compliance with the Irnmokalee
Area Master Plan based on the following relationships to required criteria:
Base density:
Affordable Housing Provision:
TOTAL
8 upa (High Residential District)
8 upa (Maximum)
16 upa
SHORT TITLE
This Ordinance shall be known and cited as the "Immokalee Senior Housing Residential
Planned Unit Development Ordinance."
4
Agenda Item No. 8A
May 11, 2004
Page 70 of 113
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1
PURPOSE
The purpose of this Section is to set forth the location and ownership of the
property, and to describe the existing conditions of the property proposed to
be developed under the project name of Imrnokalee Senior Housing
Residential PUD,
1.2
LEGAL DESCRIPTION
The subject property being 7,44 acres, is described as:
A portion of the Southeast 1/4 of the Southwest 1/4 of Section 33, township
46 South, Range 29 East, Collier County, Florida, being more particularly
described in Exhibit "B"
1.3
PROPERTY OWNERSHIP
The subject property is cUITently under the ownership of Henry Allen Fish,
321 W Main Street, Immokalee, FL, 34142-3930,
The subject property is under contract to purchase by Imrnokalee Senior
Housing LTD, 170 E. Center Street; Marion, Ohio 43301-1806, of which
United Church Homes, I for whom this PUD document was prepared by the
agent, is a general partner.
1.4
GENERAL DESCRIPTION OF PROPERTY AREA
A.
The project site is located in the West 1/2 of Section 33, Township 46
South, Range 29 East. The project location is generally described as
lying immediately east of 11th Street North, South of Lake Trafford
Road in Immokalce, Florida.
B.
The zoning classification of the subject property prior to the date of this
approved PUD Document was RMF-6,
1.5
PHYSICAL DESCRIPTION
The project consists of 7.44::!: acres of mowed grass, scrub/upland habitat and
scattered pine trees, There are two existing homes located on the property,
The existing site is well drained and maintained and does not have any natural
features which would complicate development as proposed. Development of
this project will require the removal of existing buildings on the property.
Surface water management for the project will be designed according to South
Florida Water Management District design standards, Since thel~ite 1$. unde¡
Agenda tern NO. 8A
May 11, 2004
Page 71 of 113
5
the minimum area threshold and no jurisdictional wetlands exist, surface
water management permitting should fall under Collier County jurisdiction.
Water Management for the proposed project is planned to be the dry retention
type.
Elevations within the project site range from 33.2 to 34.9 feet above mean sea
level. The entire site is in Flood Zone 0 according to Firm Map dated June
3rd, 1986 Panel No, 12006701500,
The soil types on the site consist of 100% Urban Land-Immokalee-Oldsmar,
limestone substratum, complex. Soil characteristics were derived from the
Soil Survey of Collier County, Florida, issued by the U.S. Department of
Agriculture (Soil Conservation Service) in March 1954.
1.6
PROJECT DESCRIPTION
The project wiH be developed to serve residential needs of the elderly in the
Immokalee community. This POD only permits the development of the
subject property to contain affordable housing apartments to serve the aging
population in the area.
6
Agenda Item No. 8A
May 11, 2004
Page 72 of 113
SECTION n
PROJECT DEVELOPMENT REQUIREMENTS
2.1
PURPOSE
The purpose of this Section is to delineate and generally describe the project
plan of development, relationships to applicable County ordinances, the
respective land uses of the tracts included in the project, as well as other
project relationships.
2.2
GENERAL
A.
Regulations for development of the Immokalee Senior Housing
Residential POD shall be in accordance with the contents of this
document, RPUD-Planned Unit Development District and other
applicable sections and parts of the Collier County Land Development
Code and Growth Management Plan in effect at the time of building
permit application. Where these regulations fail to provide
developmental standards then the provisions of the most similar district
in the County Land Development Code shall apply.
B.
Except as noted in the multi-family dwelling unit limitation, the
definitions of all terms shall be the same as the definitions set forth in
Collier County Land Development Code in effect at the time of building
permit application,
C,
All conditions imposed and all graphic material presented depicting
restrictions for the development of Immokalee Senior Housing
Residential PUD shall become part of the regulations that govern the
manner in which the POD site may be developed,
D.
Unless formal deviations have been sought and approved as part of this
POD, the provisions of other land development codes remain in full
force and effect with respect to the development of the land which
comprises this POD.
E.
Development permitted by the approval of this petition will be subject
to a concurrency review under the provisions of Division 3.15 Adequate
Public Facilities,
7
Agenda Item No. 8A
May 11 2004
Page 73 of 113
2.3. DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. The project Master Plan, including layout of streets and use of land for the
various tracts, is illustrated graphically by Exhibit "A", PUD Master
Development Plan. There shall be 3 land use tracts, including necessary
water management facilities, The general configuration of which is also
illustrated by Exhibit "A",
B. It is the intent of this PUD to develop affordable senior housing subject to
limitations contained this document and the Density Rating System
contained in the Collier County Growth Management Plan.
PHASE ACREAGE
1 2.09
2
3
2.55
2.80
MAXIMUM NUMBER OF UNITS
30 units, which includes one unit within the
main structure (not a separate structure) to
house a superintendent or resident manager
44 units
45 units
C. Minor modification to all tracts or other boundaries may be pennitted at
the time of Preliminary Subdivision Plat or Site Development Plan
approval, subject to the provisions of Sections 3.2.6 and 2.7.3.5
respectively, of the Collier County Land Development Code.(text
removed)
D, In addition to the various areas and specific items shown in Exhibit "A",
easements (utility, private, semi-public, etc,) shall be established within or
along the various Tracts as may be necessary.
2.4. DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND
USE
The PUD is designed to accommodate dwelling types intended to serve the
senior population of Immokalee. The use will consist of affordable rental
apartments.
A maximum of 119 non-market rate multi-family residential dwelling units
may be constructed in the total project area. This is based on a gross acreage
of 7.44 acres and a maximum of 16 dwelling units per acre. A density of
more than 8.0 units per acre must be developed in accordance with an
approved Affordable Housing Density Bonus Agreement (AHDB).
2.5. RELATED PROJECT PLAN APPROVAL REQUIREMENTS
A. Prior to the recording of a Record Plat, and/or Condominium Plat for all
or part of the PUD if required, final plans of all required improvements
shall receive approval of the appropriate Collier County governmental
agency to insure compliance with the PUD Master Plan, the Collier
County Subdivision Code and the platting laws of the Stat~ of Florida.
Agenda Item No. 8A
May 11, 2004
Page 74 of 113
8
--..--..
B. Exhibit "A," the PUD Master Plan, constitutes the required PUD
Development Plan, Subsequent to or concurrent with PUD approval, a
Preliminary Subdivision Plat if applicable may be submitted for the entire
area covered by the POD Master Plan. Any division of property and the
development of the land must be in compliance with Division 3,2 of the
Collier County Land Development Code and the platting laws of the State
of Rorida,
C. The provisions of Division 3.3 of the Collier County Land Development
Code shall apply to the development of all platted tracts, or parcels of
land.
D. The development of any tract or parcel for residential development
contemplating fee simple ownership of land for each dwelling unit shall
be required to submit and receive approval of a PUD amendment in
compliance with the LDC PUD amendment procedure in effect at that
time,
E. Appropriate instruments will be provided at the time of infrastructure
improvements regarding any dedications and method for providing
perpetual maintenance of common facilities.
2.6. AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Amendments may be made to the POD as provided in the Collier County
Land Development Code, Section 2,7,3.5,
9
Agenda Item No. 8A
May 11, 2004
Page 75 of 113
SECTION ill
RESIDENTIAL AREAS PLAN
3.1. PURPOSE
The project shall contain up to 3 development tracts, which will allow for
multi-family dwelling units limited to senior independent living residential
facilities.
3.2. MAXIMUM DWELLING UNITS
All phases combined shall not exceed 119 total dwelling units. The maximum
number of dwelling units allowed within the PUD shall be as follows:
Phase 1:
Phase 2:
Phase 3:
Total:
30 Units (including a caretaker/manager unit within building)
44 Units
45 Units
119 Units
3.3. USES PERMIITED
No building or structure, or part thereof, shall be erected, altered or used, or
land used, in whole or part, for other than the following:
A.
Principal Use:
Multi-family dwelling units-limited to only senior Independent living
residence facility, as that tenn is described below:
A facility that provides residential accommodations for senior adults
who are in good health and do not require medical or skilled nursing
care. Residents shall have individual dwelling units with living,
sleeping, bathroom, and kitchen facilities. The Independent Living
Residence Facility may include a Senior Village Community Center or
Community Building, or similar common areas such as a common
dining facility, and space for the provision of social, psychological, and
educational programs. The facility may provide home health care or
other community-based services for residents of the project on an
individual basis and offer meals, linen, and housekeeping services. The
Independent Living Residence Facility may provide a residence for a
superintendent or for maintenance staff, but there shall be no on-site
residence of medical or other staff.
Services to anyone other than full-time residents are prohibited as part
of this PUD.
10
Agenda Item No, 8A
May 11, 2004
Page 76 of 113
B.
Accessory Uses:
(1)
(2)
Customary accessory uses and structures, excluding garages.
Common recreational amenities.
3.4. GENERAL DEVELOPMENT STANDARDS
A.
All yard setbacks, etc, shall be measured from the project boundaries of
PUD, with the exception of the required distance between structures.
B.
This project must utilize an overall architectural theme for all principal
and accessory structures.
3.5. DEVELOPMENT STANDARDS FOR PRINCIPAL STRUCTURES
A. MINIMUM LOT AREA: 10,000 square feet
B. MINIMUM LOT WIDTH: 100 feet
C. MINIMUM PRESERVE AREA: 0.47 acres
D. MINIMUM PRESERVE WIDTH: 20 feet
E. MINIMUM BUILDING SETBACKS (YARDS):
(1)
North:
Phase 2, adjacent to single-family homes
Phase 3, adjacent to cemetery
East:
Phase 1, adjacent to mobile homes
Phase 2, adjacent to duplex structures
Phase 3, with preserve & duplexes
South:
Phase 1, adjacent to single-family homes
Phase 2, adjacent to mobile homes
West
Phases 1 & 2-Street:
Phase 3,as depicted on the Master Plan
50 feet
15 feet
20 feet
20 feet
60 feet
50 feet
20 feet
25 feet
125 feet
Distance between principal structures shall be 15 feet or one-half
(1/2) the sum of the heights of the adjacent structures whichever
is greater. Distance between principal structures and accessory
structures or between accessory structures shall be a minimum of
10 feeL
MINIMUM FLOOR AREA: 550 square feet per qnit N A
Agenda Item o. 8
May 11, 2004
11 Page 77 of 113
(2)
(3)
(4)
(5)
(6)
Minimum setback from Preserves - 25 feet
F,
3.6
G.
H.
OFF-STREET PARKING AND LOADING REQUIREMENTS
(1)
Off-street parking (subject of a deviation)
Independent Living Residence Facility: 1 space per dwelling unit
(2)
Off-Street Loading spaces will be provided in compliance with
LDC Section 2.3.21.3, but in no case will there be less than 1
loading space provide per building.
MAXIMUM HEIGHT: 35 feet or 2 stories above the minimum base
flood elevation, whichever is less
DEVELOPMENT STANDARDS FOR ACCESSORY STRUCTURES
A. MINIMUM BUILDING SETBACKS (YARDS):
B.
C.
(1)
North:
Phase 2, adjacent to single-family homes
Phase 3, adjacent to cemetery
East:
Phase 1, adjacent to mobile homes
Phase 2, adjacent to duplex structures
Phase 3, with preserve & duplexes
South:
Phase 1, adjacent to single-family homes
Phase 2, adjacent to mobile homes
West
Phases 1 & 2-Street:
Phase 3,as depicted on the Master Plan
25 feet
125 feet
50 feet
15 feet
(2)
20 feet
20 feet
60 feet
(3)
50 feet
20 feet
(4)
(5)
Distance between accessory structures - 15 feet or one-half (1/2)
the sum of the heights of the adjacent structures whichever is
greater.
(6)
Minimum setback from Preserves - 10 feet
MAXIMUM FLOOR AREA: 100 square feet per unit
MAXIMUM HEIGHT: 25 feet or 1 story above the minimum base
flood elevation, whichever is less
12
Agenda Item No. 8A
May 11 , 2004
Page 78 of 113
4.1
SECTION IV
DEVELOPMENT COMMITMENTS
PURPOSE
The purpose of this Section is to set forth the development commitments for
the development of the project.
4.2. GENERAL
A.
All facilities shall be constructed in strict accordance with Final Site
Development Plans, Final Subdivision Plans and all applicable State
and local laws, codes, and regulations applicable to this PUD. Except
where specifically notcd or stated otherwise, the standards and
specifications of Division 3.2 of the Land Development Code shall
apply to this project even if the land within the POD is not to be platted,
The developer, his successor and assigns shall be responsible for the
commitments outlined in this document. Which commitments will be
enforced through provisions agreed to be included in the declaration of
covenants and restrictions, or similar recorded instrument. Such
provisions must be enforceable by lot owners against the development
its, successors, and assigns, regardless of turnover or not to any property
or homeowners' association,
B.
The developer, his successor or assignee shall agree to follow the
Master Plan and the regulations of the PUD as adopted, and any other
conditions or modifications as may be agreed to in the rezoning of the
property, In addition, the developer will agree to convey to any
successor or assignee in title any commitments within this agreement.
C,
This project must provide a resident manager.
D.
The project must make a vehicle such as a van, available on a daily
basis to the residents to provide shopping, medical visit and other
transportation opportunities.
4.3. PUD MASTER PLAN
A.
Exhibit "A," the PUD Master Plan, illustrates the proposed
development and is conceptual in nature, Proposed tract, lot or land use
boundaries or special land use boundarics shall not be construed to be
final and may be varied at any subsequent approval phase such as final
platting or site development plan application. Subject to the provisions
of Section 2,7,3,5 of the Land Development Code amendments may be
made from time to time.
B.
All necessary easements, dedications, or other instruments shall be
granted to insure the continued operation and mail)tenançe Qf al1.~ervi.c~
'I' . d II . h. Agenda Item NO ~A
utI Itles an a common areas III t e proJect. May 11, 2"004
13 Page 79 of 113
"-
c.
This project must provide a minimum of 60 percent, in the amount of no
less than 4.46 acres, of usable open space as that term is defined in the
LDC, and in compliance with LDC Section 2.6.32. Prior to
development approval for any phase of this project, a comprehensive
open space table must be provided on the site plan that demonstrates
total open space requirement compliance.
14
Agenda Item No. 8A
May 11, 2004
Page 80 of 113
4.4. SCHEDULE OF DEVELOPMENTIMONITORING REPORT AND
SUNSET PROVISION
A. Development of the first Phase of the lmmokalee Senior Housing PUO is
expected to commence in 2004. The project may be completed as early as
2009, including all amenities and improvements shown on the PUD
Master Plan.
B. This PUO shall be subject to the Sunset Provisions of Section 2.7.3.4 of
the Land Development Code. An annual monitoring report shall be
submitted pursuant to Section 2.7.3.6 of the Collier County Land
Development Code,
4.5
TRANSPORTATION
A. Single access to the PUD shall be in alignment with Santa Rosa A venue
such that to create a two way stop control.
B. Arterial level street lights shall be provided at the point of ingress and
egress. Said lighting must be in place prior to the issuance of the first
permanent Certificate of Occupancy (CO).
C. All traffic control devices, signs, pavement markings and design criteria
shall be in accordance with Florida Department of Transportation (FOOT)
Manual of Unifonn Minimum Standards (MUMS), CUlTent edition, FOOT
Design Standards, current edition, and the Manual On Uniform Traffic
Control Devices (MUTCD), current edition. All other improvements shall
be consistent with and as required by the Collier county Land
Development code (LDC).
D, Arterial1evel street lighting shall be provided at all access points. Access
lighting must be in place prior to the issuance of the fust Certificate of
Occupancy (CO),
E. Site-related improvements necessary for safe ingress and egress to this
project, as determined by Collier County, shall not be eligible for impact
fee credits. All required improvements shall be in place and available to
the public prior to the issuance of the fIrst CO.
F, Road impact fees shall be paid in accordance with Collier County
Ordinance 01-13 and Division 3,15. LDc.
G, All work within Collier County rights-of-way or public easements shall
require a Right-of-way Permit.
H. All proposed median opening locations shall be in accordance with the
Collier County Access Management Policy (Resolution 01-247) and the
LDc. Collier County reserves the right to modif~oJI cl~e an~~edl.
opening existing at the time of approval of this PUlJ~~Æ . t~ qa.
ay ,2u
15 Page 81 of 113
adverse to the health, safety and welfare of the public. Any such
modifications shall be based on, but are not limited to, safety, operational
circulation, and roadway capacity,
I. Nothing in any development order shall vest a right of access in excess of
a right in/right out condition at any access point. Neither will the existence
of a point of ingress, a point of egress or a median opening, nor the lack
thereof, shall be the basis for any future cause of action for damages
against the County by the developer, its successor in title, or assignee.
J. All internal roads, driveways, alleys, pathways, sidewalks and
interconnections to adjacent developments shall be operated and
maintained by an entity created by the developer and Col1ier Country shall
have no responsibility for maintenance of any such facilities.
K. If any required turn lane improvement requires the use of existing County
right-of-way or easement, compensating right-of-way, shall be provided
without cost to Col1ier County as a consequence of such improvement.
L. If, in the sole opinion of Collier County, a traffic signal, or other traffic
control device, sign or pavement marking improvement within a public
right-of-way or easement is detennined to be necessary, the cost of such
improvement shall be borne by the developer and shall be paid to Col1ier
County before the issuance of the first CO.
4.6
WATER MANAGEMENT
Water management will be provided per Col1ier County requirements in effect
at the time of development plan submittal.
4.7
ENVIRONMENTAL
A. This PUD shall be consistent with the Environmental section of the GMP
Conservation and Coastal Management Element and the LDC at the time
of fmal development order approval.
B. This PUD shall comply with the guidelines of the USFWS and FFWCC
for impacts to protected species. A Habitat Management Plan for those
species shall be submitted to environmental review staff for review and
approval prior to site development plan approval.
C. All conservation areas shall be designated as tracts or easements with
protective covenants. Easements shall be dedication on the plat to an
appropriate entity for ownership and maintenance and to Collier County
with no responsibility for maintenance.
D. All principal structures shall have a minimum setback of 25 feet from the
boundary of any preserve. Accessory structures and all other site
alterations shall have a minimum 10--foot setback from the bound¡ny of
any preserve. Agenda Item No. 8A
May 11, 2004
Page 82 of 113
16
E. All Category I invasive exotic plants, as defined by the Florida Exotic Pest
Plant Council, shall be removed within the preserve areas and subsequent
annual removal of these plant (in perpetuity) shall be the responsibility of
the property owner.
F. A Preserve Area Management Plan shall be provided to Environmental
Staff for approval prior to site/construction plan approval identifying
methods to address treatment of invasive exotic species, fIre management,
and maintenance.
G. All approved Agency (SFWMD, ACOE, FFWCC) pennits shall be
submitted prior to final Site Plan/Construction Plan approval.
H. Pennitted uses within preserves shall be limited to low-impact passive
recreational uses such as boardwalks, walking trails, picnic areas, etc,
Such uses will not allow the Preserve to drop below minimum required
acreage,
I. Prior to the issuance of the first Certificate of Occupancy for any portion
of this property, the developer must remove all exotic plants as defined in
division 3.9 from the entire PUD site, to include future development
phases, Subsequent to fIrst phase removal, the developer must implement
a maintenance program to prevent reinvasion of the site by exotic species.
This plan, which will describe control techniques and inspection intervals,
shall be filed with and subject to approval by the community development
services director in accordance with the standards established in division
3,9. Protection of native vegetation, according to the applicable
provisions of the LDC must be implemented during prohibited exotic
vegetation removal.
J. As part of the development order submittal for the fIrst phase of
development, the developer must identify all areas that must be created
within the boundary of the Preserve. These depictions are subject to
further review and approval by staff. Furthermore, the depictions must
comply with the requirements of Section 3.9 of the LDC.
4. 8 ACCESSORY STRUCTURES
Accessory structures may be constructed simultaneously with or following the
construction of the principal structure except for a construction site office,
which can be constructed in compFance with temporary use allowances in the
LDc.
4.9
SIGNS
All signs shall be in accordance with Division 2.5 of the Land Development
Code.
17
Agenda Item No. 8A
May 11 , 2004
Page 83 of 113
4.10 LANDSCAPE BUFFERS. BERMS. FENCES AND WALLS
The following landscape buffering requirements shall apply to this project:
A. The developer must retain all existing indigenous plant material within all
buffer areas and setback areas not occupied. by parking areas, as
volunteered by the agent in a March 25, 2004 letter.
B. The developer must augment the buffer areas, if necessary, to provide
minimum "C" width, planting type, and size buffers as that buffer is
described in the LDC, where this project abuts a duplex or single family
use. The buffer width may be reduced at the project's entrance only to the
minimum amount to allow safe access that will align with Santa Rosa
Avenue. Where the adjacent use is a street, church or cemetery, a type
"B" must be provided.
C. Pedestrian sidewalks, bike paths, water management facilities and
structures may be allowed in landscape buffer areas, provided that the
landscape buffer areas are increased by an equivalent width.
D. Prior to site development plan approval for any portion of this site, the
development must revise the development plan to be in compliance with
the landscape island width standards of the LDc. No deviations were
sought or approved to relax any landscape island width standards.
E. The developer must install all required buffering for the entire project
prior to the issuance of a certificate of occupancy for the fIrst phase of this
project.
4.11 LANDSCAPING FOR OFF -STREET PARKING AREAS
All landscaping for off-street parking areas shall be in accordance with the
Division 2.4 of the Collier County Land Development Code in effect at the
time of building permit application, The site plan provided with the PUD
application does not meet landscape island width standards. No deviations
from any requirements have been approval. The development must provide a
site plan for development approval that is fully compliant with all landscape
island standards.
18
Agenda Item No. 8A
May 11, 2004
Page 84 of 113
4.12 POLLING PLACES
Pursuant to Section 2.6,30 of the Land Development Code provision shall be
made for the future use of building space within common areas for the
purposes of accommodating the function of an electoral polling place.
An agreement recorded in the official records of the Clerk of the Circuit Court
of Collier County, which shall be binding upon any and all successors in
interest that acquire ownership of such commons areas including, but not
limited to, condominium associations, homeowners associations, or tenants
associations. This agreement shall provide for said community
recreation/public building/public room or similar common facility to be used
for a polling place if determined to be necessary by the Supervisor of
Elections.
19
Agenda Item No, 8A
May 11, 2004
Page 85 of 113
TABLE 1
DEVELOPMENT STANDARDS
REQUIREMENTS
MINIMUM LOT AREA
MINIMUM LOT WIDTH
FLOOR AREA
MINIMUM BUILDING SETBACKS (YARDS)
North:
Phase 2, adjacent to single-family homes
Phase 3, adjacent to cemetery
East:
Phase 1, adjacent to mobile homes
Phase 2, adjacent to duplex structures
Phase 3, with preserve & duplexes
South:
Phase 1, adjacent to single-family homes
Phase 2, adjacent to mobile homes
West
Phases 1 & 2-Street:
Phase 3, as depicted on the Master Plan
MINIMUM PRESERVE SETBACK
MINIMUM DISTANCE
BETWEEN STRUCTURES
MAXIMUM BUILDING HEIGHT
MINIMUM PRESERVE AREA:
0.47 acres
MINIMUM PRESER VE WIDTH:
20 feet
,,-
PRINCIPAL USE
10,000 square feet
100 feet
550 sq. ft. per unit
MINIMUM
50 feet
15 feet
20 feet
20 feet
60 feet
50 feet
20 feet
25 feet
125 feet
25 feet
15 feet or Y2 the sum
of the building heights,
whichever is greater
35 feet or a maximum
of 2 stories above
minimum base flood ele-
elevation,
vation, whichever is less
ACCESSORY USE
N/A
N/A
100 sq. ft. per unit
MAXIM UM
50 feet
15 feet
20 feet
20 feet
60 feet
20 feet
20 feet
25 feet
125 feet
10 feet
15 feet or Y2 the sum
of the building heights,
whichever is greater
25 feet or a maximum
of 1 story above mini-
mum base flood
whichever is less
Notes: No structures are permitted in the required, 20-foot lake maintenance easement 8
Agenaa Item No. A
May 11 2004
20 Page 86 of 113
_._-~,_.
IlVllVlOKALEE SENIOR HOUSING PUD
PU D Z- 2003 - AR -4390
DEVIATION LIST
APRIL 28, 2004
Deviation #1 seeks relief from LDC Section 2.3.16. which establishes the multi-family
dwelling unit parking standards requliing this project to provide 210 parking spaces, to allow
the project to provide a maximum of 128 spaces, a reduction of 82 spaces which represents a
39 percent reduction in the parking,
STAFF RECOMMENDATION:
Deviation #1 is approved limited to the following parking space allocation, and subject to the
conditions listed below:
No. of No. of Parking Total
Bedrooms Units required for REQUIRED
Residents
@ 1:1 ratio
Phase 1 1 28 28
2 2 2
33
Phase 2 1 42 42
2 2 2
47
Phase 3 1 43 43
2 2 2
48
Project 1 113 113
Totals
2 6 6
128
Parking Deviation Conditions:
1. Any change in unit allocation within a phase noted above will require an equivalent
change in the parking allocation; and
2. Garages for individual dwelling units are prohibited, except that a garage may be
provided for the residents' van (see below); and
3. The developer must make a van, bus, or similar vehicle, available to the residents on a
daily basis; and
4. The developer must augment the buffer areas, if necessary, to provide minimum "C"
width, planting type, and size buffers as that buffer is described in the LDC, where this
project abuts a duplex or single family use. The buffer width may be reduced at the
project's entrance only to the minimum amount to allow safe access that will align
with Santa Rosa Avenue. Where the adjacent use is a street, church or cemetery, a
Agenda Item No. 8A
May 11 , 2004
Page 87 of 113
21
Type "B" must be provided, thus allocating the area on site that would normally be
occupied by parking spaces to be utilized for open space areas.
Deviation #2 seeks relief from LOC Table 2.4 and LOC Section 2.4.7.2, which requires a
15 foot wide type "B" buffer, to allow a 15 foot wide buffer area that will contain trees
spaced no more than 30 feet on center for all perimeter buffer areas except the roadway
where the traditional 15 foot wide type "0" buffer will be provided, The effect of this
deviation would primarily be to provide a type "A" buffer rather than a "B" buffer where a
"B" buffer is required.
STAFF RECOMMENDATION: Staff recommends that this deviation be denied. The
developer must adhere to the buffering requirements found in POD document Section 4.10.
22
Agenda Item No. 8A
May 11, 2004
Page 88 of 113
10TH STREET ~OR7H
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Agenda Item No. 8A
May 11, 2004
Page 89 of 113
EXIllBIT "B"
LEGAL DESCRIPI'ION
PROPERTY DESCRIPTION:
A PORTION OF TIlE SOUTIlEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 33,
TOWNSHW 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRffiED AS FOLLOWS:
COMMENCE AT TIm SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF THE
SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 33, THENCE N.
00°00'20" W., ALONC THE WEST LINE OF THE NORTHWEST 1/4 OF THE
SOUTIiEAST 1/4 OF urn SOUTHWEST 1/4 OF SAID SECTION 33, (SAID UNE
ALSO BEING TIlE CENTERLINE OF lITH STREET NORTH), A DISTANCE OF
194.68 FEET; THENCE N. 89"50'40" E., PARALLEL WITH THE NORTH LINE OF
THE NORTIlWEST ].4 OF THE SOUTHEAST 1/4 OF THE SOlmIWEST 1/4 OF
SAID SECTION 33, A DISTANCE OF 30.00 FEET TO TIlE EAST RIGHT-OF- WAY
LINE OF SAID 11 TH STREET NORTH AND THE POINT OF BEGINNING OF THE
PARCEL OF LAND HEREIN DESRlBED; THENCE CONTINUE N. 89°50'40" E.,
ALONG LAST SAID LINE, A DISTANCE OF 178.71 FEET; THENCE N. 00"00'20"
W., PARALLEL WITH THE WEST LINE OF TIlE NORTHWEST 1/4 OF THE
SOUTIIEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 33, A DISTANCE
OF 460.42 FEET; THE NCE N. 89°50'40" E., A DISTANCE OF 288.59 FEET TO THE
WEST LINE OF THE EAST 163 FEET OF THE NORTHWEST 1/4 OF TIlE
SOUTIlEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 33; THENCE S.
00°0 1'00" E" ALONG SAID WEST LINE, A DISTANCE OF 655.24 FEET TO nrn
SOUTH LINE OF TIm NORTHWEST 1/4 OF THE SOUTIlEAST 1/4 OF THE
SOUTHWEST 1/4 OF SAID SECTION 33; TIIENCE S. 89°51 '40" W.. ALONG 5AID
SOUTH LINE, A DlS~~ANCE OF 167.21 FEET TO TIlE WEST LINE OF THE
NORTHWEST 1/4 OF THE SOUTIIWEST 1/4 OF THE SOUTIIEAST 1/4 OF THE
SOUTIlWEST 1/4 OF SAID SECTION 33; THENCE S. 00°00'45" E, ALONG ~AID
WEST LINE, A DIST1\NCE OF 333.80 FEET TO THE SOUTH LINE OF THE
NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTIIEAST 1/4 OF THE
SOUTHWEST 1/4 OF SAID SECTION 33; THENCE S, 89°54'32" W., ALONG SAID
SmITH LINE, A DIS~-ANCE OF 300.26 FEET TO TIlE EAST RIGHT-OF-WAY
LINE OF SAID 11 TIf STREET NORTH; THENCE N. 00°00'20" W., ALONG SAID
EAST RIGHT-OF- W I>Y LINE, A DISTANCE OF 528.23 FEET TO TIlE POINT OF
BEGINNlNG.
CONTAINING 323,933 SQUARE FEET OR 7.44 ACRES, MORE OR LESS.
24
Agenda Item No, 8A
May 11, 2004
Page 90 of 113
29
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Agenda Item No. 8A
May 11, 2004
Page 91 of 113
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26
Agenda Item No. 8A
May 11, 2004
Page 92 of 113
AGREEMENT AUTHORIZING AFFORDABLE HOUSING
DENSITY BONUS AND IMPOSING COVENANTS AND
RESTRICTIONS ON REAL PROPERTY
THIS AGREEMENT is made as of the - day of
, 2004, by and
between United Church Homes (the "Developer") and the Collier County Board of
County Commissioners (the "Commission"), collectively, the "Parties."
RECITALS:
A. The Developer has under purchase an option to purchase contract a tract of
real property described as (complete legal description)
See attached leqal description
Collier County, Florida (The "Property"). The legal and equitable owners include
Henry Allen Fish. It is the Developer's intent to construct a maximum of ill residential
units (the "Units") at a density of .1§ units per gross acre on the Property. The gross
acreage of Property is 7.44 acres. The number of affordable Units constructed by
Developer shall be ~, representing ~ percent of the total number of residential
Units in the development.
B. In order to construct 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 No. 90-89, now codified by Ordinance 93-89, § 3, as
Land Development Code (LDG) § 2.7.7., which density bonus can only be granted by
the Commission and utilized by the developer in accordance with the strict limitations
and applicability of said provisions,
C.
The Commission is willing to grant a density bonus to the Developer
authorizing the construction of
59.52
affordable bonus Units on the Property, if the
Developer agrees to construct affordable Units as specified in this Agreement and the
Developer covenants and agrees to use the affordable units only as rental property.
NOW, THEREFORE, in consideration of the approval and granting of the
affordable housing density bonus of 8 units per acre requested by the Developer and
the benefits conferred thereby on the Property, and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the
Developer and the Commission hereby covenant and agree as follows:
Agenda Item No. 8A
May 11, 2004
- f-age 93 of 113
1.
Recitals. The above Recitals are true and correct and are incorporated
herein by reference.
2.
Developer Agreements, The Developer hereby agrees that it shall
construct ~ affordable Units which Units shall be rented in accordance with the
terms and conditions of this Agreement and as specified by the attached Appendix A,
Exhibits A, B, and C, which Appendix is incorporated by reference herein and
constitutes a part of this Agreement.
a.
The following provisions shall be applicable to the affordable Units:
Defined terms: In the event of a conflict between terms as defined in the
(1 )
LDC or in Ordinance No. 90-89, Section 4, the definitions of the LDC will control when
applying or interpreting this Agreement. In addition to these defined terms and the
applicability of LDC § 2.7.7.4.5., "Phasing" shall mean (a) the phased construction of
buildings or structures in separate and distinct stages as shown 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 starts and finishes that are separate and distinct within the development.
(2) Base Rent. The monthly base rent for the affordable Units shall be in
accordance with the rents specified in the attached Appendix A, Exhibit A. The monthly
rent may be increased each year from the date of this Agreement as long as the rent
does not exceed one-twelfth (1/12) of 30 percent of an amount which represents 50
percent (for very low income), and 60 percent (for low income) of the then applicable
median adjusted gross annual income for the household as published annually by the
U.S. Department of Housing and Urban Development for the area defined as the
Naples Metropolitan Statistical Area (MSA). The foregoing notwithstanding, any rent
charged for an affordable housing unit rented to a low income or very low income family
shall not exceed 90 percent of the rent charged for a comparable market rate dwelling
in the same or similar development.
(3) Median Income. For the purposes of this Agreement, the median income
of the area as defined by the U.S. Department of Housing and Urban Development
(HUD) shall be the then current median income for the Naples Metropolitan Statistical
Area, established periodically by HUD and published in the Federal Register, as
adjusted for family size as shown on the tables attached hereto as Appendix A, Exhibit
C, which Exhibit shall be adjusted from time to time in accordance with anY.'AadjustlT1ents N
genaa Item 0, 8A
that are authorized by HUD or any successor agency. In the event that HUD ceasMày 11, 2004
- f.age 94 of 113
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 housing unit provided under the affordable housing density bonus program
prior to being qualified at the appropriate level of income (low or very low income) in
accordance with this Section.
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
Improvement Director. Qualification by the Developer of any tenant as an eligible tenant
family shall be subject to review and approval in accordance with the monitoring and
enforcement program created and adopted by Resolution of the Commission in LOC §§
2.7.7.5. and 2.7.7.6., respectively.
(a) Application.
A potential tenant shall apply to the developer, owner,
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 Housing
Unit shall be provided by the Housing and Urban Improvement Director as shown in
Appendix B, Exhibit A, attached to this Agreement and incorporated by reference
herein.
(b'ncome 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 recent 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 Affordable Housing Applicant Income
Verification form, which includes a statement to release information, tenant verification
of the return, and a signature block with the date of application. The verific{ltion shall be N 8A
Agenda tern o.
valid for up to ninety (90) days prior to occupancy. Upon expiration of the 90 day p~ 11, 2004
j).age 95 of 113
the information may be verbally updated from the original sources for an additional 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
Applicant Income Verification form shall be provided by the Housing and Urban
Improvement Director as shown in Appendix ß, Exhibit ß, attached to this Agreement
and incorporated by reference herein.
(d)
Income Certification. Upon receipt of the Preliminary Application for
Affordable Housing Unit and Affordable Housing Applicant Income Verification form, the
Developer shall require than an income certification form be executed by the potential
tenant (including the entire household) prior to rental and occupancy of the affordable
housing unit by the tenant. Income certification shall assure that the potential occupant
has a low or very low household income which qualifies the potential occupant as an
eligible family to rent and occupy an affordable housing unit under the affordable
housing density bonus program. The Affordable Housing Applicant Income Certification
form shall be provided by the Housing and Urban Improvement Director as shown in
Appendix ß, 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 occupants;
a description of the unit to be rented;
the term of the lease;
the rental amount;
the use of the premises;
monitoring and enforcement provisions, including disqualification of
tenant; and
the rights and obligations of the parties.
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
Random inspection of files containing required documentation to verify
occupancy in accordance with this Agreement and Ordinance No.90-89, as amended,
may be conducted by the Housing and Urban Improvement Director.
(5) Disqualification of Tenant. In the event that tenant qualification is not
subsequently confirmed by the Housing 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 paf'~Ef,Q@M~~ r~'O~~
- ,f!3ge 96 of 113
""-
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
Housing 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 progress and monitoring report shall,
at a minimum, provide any information reasonably required to insure compliance with
Ordinance No. 90-89 or subsequent amendments thereto. The report shall be filed on or
before September 30 of each year and the report shall be submitted by the Developer
to the Housing and Urban Improvement Director. Failure to complete and submit the
monitoring report to the Housing and Urban Improvement Director within sixty (60) days
from the due date shall result in a penalty of up to fifty dollars ($50.00) per day unless a
written extension not to exceed thirty (30) days is requested prior to expiration of the
sixty (60) day submission deadline. No more than one such extension may be granted
in a single year.
(7) Occupancy Restrictions. No Affordable Unit in any building or structure
on the Property shall be occupied by the Developer, any person related to or affiliated
with the Developer, or by a resident manager.
3.
Density Bonus. The Commission hereby acknowledges that the
Developer has met all required conditions to qualify for a density bonus. in addition to
the base residential density of .JL and is therefore granted a affordable housing density
bonus of -1L density bonus units per acre, for a total (total = density bonus units per
acre X gross acreage) of 59.52 density bonus units, pursuant to Collier County
Affordable Housing Density Bonus Ordinance No. 90-89.
The Commission further
agrees that the Developer may construct thereon, in the aggregate a maximum number
of
119
units on the Property provided the Developer is able to secure building
permit(s) from Collier County.
4.
Commission Agreement. During the term of this Agreement, the
Commission acting through the Housing and Urban Improvement Department or its
successor(s) covenants and agrees to prepare and make available to the Developer
any general information that it possesses regarding income limitations and restrictions
which are applicable to the affordable Unit.
Agenda Item No, 8A
May 11, 2004
j)_age 97 of 113
5. Violations 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 terms 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 Agreement
shall be at the option of the Commission by criminal enforcement pursuant to the
provisions of Section 125.69, Florida Statutes, or by civil enforcement as allowed by
law.
b.
Notice of Violation for Code Enforcement 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 certified 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 Commissioners, shall specify the violation or
violation, Section of this Agreement or of Ordinance No. 90-89 or subsequent
amendments thereto violated, name of the Housing and Urban Development Director,
and date and time when the violator shall appear before the Code Enforcement Board.
c.
Certificate of Occupancy. In the event that 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 Commission, building permits or certificates of
occupancy, as applicable, may be withheld for any future planned or otherwise
approved unit located or to be located upon the Property until the entire project is in full
compliance with this Agreement and with Ordinance No. 90-89, as amended.
6.
Assignment by Commission. The Commission may assign all or part of
its obligations under this Agreement to any other public agency having jurisdiction over
the Property provided that it gives the Developer thirty (30) days advance written [lotjçe N 8A
Agenaa Item o.
thereof. The Developer may not assign, delegate or otherwise transfer all or part M<ÏJ 11, 2004
J;!3ge 98 of 113
duties, obligations, or promises under this Agreement to any successor in interest to the
Property without the express written consent of the Commission, which 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 notices desired or required to be given under this Agreement
shall be in writing and shall either be personally delivered or shall be sent by mail,
postage prepaid, to the parties at the following addresses:
To the Commission: Collier County Financial Administration & Housing
Dept.
2800 N. Horseshoe Drive
Naples, Florida 34104
To the Developer:
Immokalee Senior Housing, Ltd.
1 70 E. Center Street
Marion, Ohio 43301-1806
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 the Developer's obligations hereunder.
10.
Indemnify. The Developer hereby agrees to protect, defend, indemnify
and hold Collier County and its officers, employees, and agents harmless from and
against any and all claims, penalties, damages, losses and expenses, professional
fees, including, without limitation, reasonable attorney's fees and all costs of litigation
and judgments arising out of any claim, willful misconduct or negligent act, error or
omission, or 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 ownership
interest at any time and from time to time until this Agreement is terminated in
th t Anend~tem No. 8A
accordance with Section 14 below. However, the parties agree a' iFDev [11 2004
,
- f-age 99 of 113
transfers or conveys the Property to another person or entity, Developer shall have no
further obligation hereunder and any person seeking to enforce the terms hereof shall
look solely to Developer's successor in interest for the performance 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 shall be modified or amended only by the
written agreement of both parties.
16.
Discrimination.
a.
The Developer agrees that neither it nor its agents shall
discriminate against any tenant or potential tenant because 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 same 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.
c.
The Developer agrees to be responsible for payment of any real
estate commissions and fees assessed in the rental or purchase of affordable units.
e.
The affordable housing units shall be intermixed with, and not
segregated from, the market rate dwelling units in the development.
f.
The square footage, construction 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 Bqnus shall ,be N 8A
Agenda tern o.
the same in both the market rate units and the affordable units in each phase. UnitMœy 11, 2004
p~_ge 100 of 113
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 market rate unit or affordable unit in
any phase contain physical amenities less than those described in the Developer
Application.
17.
Phasing. The percentage of affordable housing units to which the
Developer has committed for the total development shall be maintained in each phase
and shall be constructed as part of e3ch phase of the development on the Property.
Developer commits to ~percent affordable housing units for this project, with 100
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 housing 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
Collier County 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.
Preapplication.
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 Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida.
23,
Further Assurances.
The parties hereto shall execute and deliver, in
recordable form if necessary, any and all documents, certificates. instruments, and
agreements which may be reasonably required in order to effectuate the intent of the
Agreement.
Such documents shall include but not be limited to any document
requested by the Developer to exhibit that this Agreement has terminated in accordance
with the provisions of paragraph 14 above.
Agenda Item No, 8A
May 11, 2004
~<?-ge 101 of 113
--
IN WITNESS INHEREOF, the Parties hereto have caused this Agreement to be
executed as of the day and year first above written.
I\TTEST:
DWIGHT E. BROCK. CI~r1<
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: DONNA FIALA, Chairman
Approved as to form and legal sufficiency:
1!£~\,~~
Assistant County Attormy
DEVELOPER:
IM'-IOKALEE SENIOR HOUSING, LTD.
By: Cheryl L. Wickersham
Ass!. SecITreasurer, UCCXIV, Inc.
General Partner of Immokalee
Senior Housing, L TO Contract Purchaser
Witnesses: (PRINT AND SIGN NAMES BELOW)
STATE OF ->
COUNTY OF -->
The foregoing Agreement Authorizing Affordable Housing Density Bonus And Imposing
Covenants And Restrk:tions On Real Property was acknowledged before me by
WITNESS my hand and official seal this - day of
2004.
Notary Public
My Commission Expire!:
- 10-
Agenda Item No. 8A
May 11, 2004
- ~61-ge 102 of 113
APPENDIX A. EXHIBIT A
NUMBER OF AFFORDABLE HOUSING UNITSIMONTHL Y BASE RENTS
~UMBER OF UNITS
Single Multi
Family Family
LOW INCOME (60% MI)
Efficiency
I Bedroom
113
2 Bedroom
6
3 Bedroom
4 Bedroom
TOTAL
119
VERY LOW INCOME (50% MI)
Ef1ïciency
1 Bcdroom
2 Bedroom
3 Bedroom
4 Bedroom
TOTAL
VERY-VERY LOW INCOME (35% MI)
Efficiency
I Bedroom
2 Bedroom
3 Bedroom
4 Bedroom
TOTAL
BASE RENT
Single Multi
Family Family
400
400
(1) Base residential density allowed in this development ~units/aere.
(2) Gross acreage 7.44
(3) Maximum number of affordable housing density bonus units allowed in this
development pursuant to Section 7 Ordinance 90-89. 8 units/acres.
(4) Gross residential density of this development (including affordable housing density
bonus units) 16 units/acre.
(5) Percentage of affordable units pledged by the developer (as a percent of the total
number units in the development) 100 %.
Agenda Item No. 8A
May 11, 2004
)T~ge 103 of 113
APPENDIX A. EXHIBIT B
AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM
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.
The affordable housing density bonus rating system shall be 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
(owner-occupied or rental, single-family or multi-family, where applicable) to be provided, as
shown in Table A. Then, refening 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 income level and the number ofbcdrooms is shown in Table A.
After the affordable housing density bonus rating has been determined 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 number of residential dwelling units per gross
alTe that may be added to the base density. These additional residential dwelJing units per gross
acre are the maximum affordable housing density bonus (AHDB) available to that development.
Developments with percentages of affordable housing units which fall in between the
percentages shown on Table B shan receive an affordable housing density bonus equal the lower
of the two percentages it lies between plus l/lOth of a residential dwening unit per gross acre for
each additional percentage of affordable housing rental units in the development. For example, a
development which has 24% of its total residential dwening units as affordable housing units,
and which has an affordable housing density bonus rating of "four" will receive an affordable
housing density bonus (AHDB) of 4.4 residential dwelling units per gross alTe for the
development.
Where more than one type of affordable housing unit (based on level of income and
number of bedrooms shown in Table A) is proposed for a development. the affordable housing
density bonus for each type shan 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 B, 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 shan the affordable housing density bonus exceed eight (8) dwelling
units per gross acre.
Agenda Item No. 8A
May 11 , 2004
-~f-ge 104 of 113
APPENDIX A. EXHIBIT B
AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM
Please calculate your density bonus in the space provided below. Attach additional pages if
necessary.
TABLE A: AFFORDABLE HOUSING DENSITY BONUS RATING
LEVEL NUMBER OF BEDROOMSIUNIT
OF HOUSEHOLD
INCOME EFFICIENCY 2 30R
AND 1 MORE
MODERATE (OWNER-OCCUPIED, 0 1* 1*
SINGLE-FAMILY)
LOW (OWNER-OCCUPIED OR RENTAL 2 3 4
SINGLE-FAì\4IL Y OR MULTI-
FAMILY)
VERY LOW (OWNER OCCUPIED OR
RENT AL, SINGLE-FAMILY OR
MULTI-FA.\1IL Y) 3 4 5
*For cluster housing developments in the Urban Coastal Fringe, add 1 density bonus to obtain 2.
TABLE B: AFFORDABLE HOUSING DENSITY BONUS
(ADDITIONAL A V AILABLE DWELLING UNITS PER GROSS ACRE)
AFFORDABLE HOUSING % OF AFFORDABLE HOUSING UNITS
DENSITY BONUS RATING
10% 20% 30% 40%
1 0 0 1 2
2 0 1 2 3
3 2 3 4 5
4 3 4 5 7
5 4 5 7 8
Agenda Item No. 8A
May 11 , 2004
-~f.ge 1 05 of 113
APPENDIX A. EXHffiIT C
INCOME AND RENT LEVELS FOR THE LOW AND MODERATE INCOME.
Pursuant to the Impact Fee Ordinances, adopted by the Board of County Commissioners,
Dccember 16, 1992, moderate income is 61 % to 80% of the median income, low income is 51%
to 60% of the median income and very low income is less than 50% of the median income.
MEDIAN INCOME 2001
$65,000 Naples, MSA (Collier County)
NUMBER OF MEMBERS IN F AMll.. Y
! ~ J ~ ~ 2 'I ~
100% 45,500 52,000 58,500 65,000 70,200 75,400 80,600 85,800
80% 36,400 41,600 46,800 52,000 56,150 60,300 64,500 68,650
60% 27,300 31,200 35,100 39,000 42,100 45,200 48,400 51,500
50% 22,750 26,000 29,250 32,500 35,100 37,700 40,300 42,900
35% 15,925 18,200 20,475 22,750 24,570 26,390 28.210 30,030
25% 11,375 13,000 14,625 16,250 17,550 18,850 20,150 21,450
RECOMMENDED RENTAL RATES
The Florida Housing Finance Corporation (FHFC) calculates rents to use in the State Apartment
Incentive Loan (SAIL) and the Low-Income Rental Housing Tax Credit (LIHTC) programs.
The rents given below are based on 2001 data from FHFc. Utility wsts are provided from the
County's Section 8 Rental Assistance Program which is administered by the Collier County
Housing Authority.
HOUSING COSTS BASED ON 30% FAMILY INCOME
ONE BEDROOM TWO BEDROOM THREE BEDROOM FOUR BEDROOM
UNIT UNIT UNIT UNIT
100% 1.218 1,462 1,690 1,884
80% 975 1,170 1.351 1,507
60% 731 877 1,014 1,131
50% 609 731 845 942
35% 426 511 591 659
25% 304 365 422 471
UTILITY ALLOWANCES
ONEBIR TWOBIR THREEBIR FOUR BIR
LOCA nON UNIT UNIT UNIT UNIT
Naples and Coastal
Collier County 71.00 91.00 128.00 156.00
Immokalee and East of
Everglades Blvd. 67.00 106.00 148.00 173.00
Golden Gate 96.00 144.00 186.00 211.00
YOU MUST DEDUCT UTILITIES TO CALCULATE NET RENTS,
fldcnsitybonuslinc&rent rev. 4101
Agenda Item No. 8A
May 11, 2004
_p¡,fI.ge 1 06 of 113
APPENDIX B, EXIDBIT A
PRELIMINARY APPLICATION FOR AFFORDABLE HOUSING UNIT
Date Occupancy Desired:
Your Name:
Date of Application: Arnt. Of Sec. Deposit:-
RacclNational Origin: Handicap: Yes - No-
RacelNational Origin: Handicap: Yes - No-
Co-Tenant Name
Present Address:
Street
City
State Zip Telephone No.
How Long at this Address:
Name of Landlord
Landlord's Address:
Street
City
State
Zip
Telephone No.
If you have resided at your present address less than 3 years, please state previous address:
Street
City
State
Zip
Telephone No.
Name of Previous Landlord
Street
City
State
Zip
Telephone No.
APPLICANT:
Present Employers Name
Address and Telephone
No.
How long wilh Present Employer:
Title
Job
Gross Salary: Hourly $- Weekly $- Every 2 Weeks $
Monthly $
Social Security Number
Previous Employers Name
Birth Date m
Address and TeJephone
No.
How long wilh Previous Employer
CO- TENANT:
Job Title
Present Employers Name
Address and Telephone No.
How long wilh Present Employer:
Job Title
Gross Salary: Hourly $- Weekly $- Every 2 Weeks $
Monlhly $
Social Security Number
Previous EmpJoycrs Name
Birlh Date
Address and Telephone No.
How long wilh Previous Employer
Job Title
Agenda Item No. 8A
May 11, 2004
-If~ge 107 of 113
NA1\1ES OF ALL WHO WU,L OCLlJPY APARTMENT BIRTH DATE SEX AGE
SOCIAL SECURITY
l.
2.
3.
--
--
--
PERSONAL REFERENCES (Not Relatives)
1. Name:
2. Name:
Address:
Address:
How Long Known:
How Long Known:
Agenda Item No. 8A
May 11, 2004
.F/t?ge 108 of 113
APPENDIX B, EXHIBIT B
AFFORDABLE HOUSING APPLICANT INCOME VERIFICATION
Dale:
Applicant's Name:
Co-Tenant's Name: :
Prescnt Address:
Street City
I hereby make application for an apartment at
Social Security Number
Social Security Number
State
Zip
Telephone No.
Apartments.
I hereby declare and reveal all of my sources of income.
I am aware that to leave out, omit or fail to report my assets or forms of income from pensions,
stocks, bonds, real property rent, sale or ownership is a fraudu1cnt act punishab1c by law.
Knowingly falsifying information on this form is cause for refusal of occupancy.
I hereby certify that this will be my permanent residence and that I have no other assisted
housing.
I understand that this information is for the purpose of computing my annual income to
determine my qualification to rentlbuy an affordable housing unit. I understand that I am not
required to sUlTender my ownership or rights or claimed property, pensions or capital gains, etc.
TOTAL ANNUAL INCOME
Applicant Co- Tenant
Amount Frequency Amount Frequency
Received of Pay Received of Pay
$ $ $- $
$ $ $- S
$ $ S - $
$ $ S - $
$ $ $ - $
$ $ $ - $
$ $ $ $
$ $ $ $
$ $ $- $
$ $ - $- $
$ $ $- $
$ $ $- $
$ $ $ - S
$ $ $-- $
$ $ $ - $
$ $ S - $
$ $ $ - $
$ $ $ - $
$ $- $- $
$ $ $- $
$ $
Wages/Salary
Bonuses
Tips
Commissions
Interest Income
Trust Fund Income
Unemployment
Workman's Compensation
Welfare
Food Stamps
Social Security
Social Security Disability
Supplemental SSI
Family Assistance
Child Support
Veterans Benefits
Widows Benefits
Union Pension
Self-Employment Business,
Si1cnt Partner, ete.
Private Insurance Pension
THE VERIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT
YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL
OCCUpy THE AFFORDABLE UNIT.
THE SAME MUST BE EXECUTED FOR EACH OCCUPANT OF THE HOUSEHOLD WHO
CONTRIBUTED TO THE ANNUAL HOUSEHOLD INCOME. FAILURE TO REPORT ALL
SOl;RCES OF HOUSEHOLD INCOME WILL RESULT IN DISQUALIFICATION FOR TENANCY
L,\ AFFORDABLE HOUSING UNIT.
Agenda Item No. 8A
May 11, 2004
-ITf.ge 109 of 113
APPENDIX B, EXillBIT B
AFFORDABLE HOUSING APPLICANT INCOME VERIFICA nON
APPLICANT:
Present Employer.
Address:
Job Title:
Street
City
State
Zip
I,
, hereby authorize the release of infonnation requested
(Applicant)
on this verification fonn.
Signature of Applicant
STATE OF FLORIDA )
) ss
COUNTY OF COLLIER)
The foregoing was acknowledged before me by
Witness my hand and official seal this
day of
, 2ool.
My Commission Expires:
Notary Public
EMPLOYER VERIFICATION
Applicant's Gross Annual Income or Rate or Pay: $
Number of Hours Worked (Weekly):_, Frequency of Pay:
Amount of Bonuses, Tips, or other Compensation Received: $
$
Monthly
Annually
Supervisor
STATE OF FLORIDA )
) ss
COUNTY OF COLLIER)
The foregoing was acknowledged before me by
Witness my hand and official seal this
day of
, ZOO 1.
Notary Public
My Commission Expires:
TIΠVERIFICATION HERE REQUESTED MAY TAKE TIΠFORM OF TIΠMOST RECENT YEAR'S
INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE
AFFORDABLE UNIT.
Agenda Item No, 8A
May 11, 2004
. P¡1fl.ge 110 of 113
APPENDIX C
DEVELOPER APPLICA nON FOR AFFORDABLE HOUSING DENSITY BONUS
Pursuant to the rc{ uirements of the Collier County Affordable Housing Density Bonus
Ordinance No. 90-89, Section 6.4, please complete this fonn and submit it with any
accompanying documentation to the Development Services Director, 2800 North Horseshoe
Drive, Naples, Florida 34104.
A copy must also be provided to the Housing and Urban
Improvement Director.
All items requested must be provided.
1.
Please state what zoning districts are proposed by the applicant, if any, on the property
and the acreage of each;
PUD - 7.44 Acres
2.
Has an application for rezoning been requested in conjunction with the affordable
housing Density bonus?
x
Yes
No
If yes, state date of application
6-30-03
and if the request has been approved, state the
Ordinance number
3.
Gross density of the proposed development. ~ units/acre.
Gross acreage of the proposed development.
7.44
acres.
4.
Are affordable housing density bonus units sought in conjunction with an application for
a planned unit development (PUD)? X
Yes
No.
If yes, please state name and location of the PUD and any other identifying infonnation.
ImmokaIce Senior Housing PUD, 11th Street North,lmmokalee, FL
5.
Name of applicant
United Church Homes
Name of land developer if not the same as Applicant:
same as applicant
6.
Please complete the following tables as they apply to the proposed development.
TABLE I
Total Number of Units in Development
Type of
Unit
Rental
Owner
Occupied
Agenda Item No. 8A
May 11, 2004
-F(§1.ge 111 of 113
.---
Efficiency
One Bedroom
Two Bedroom
Three Bedroom
Other Bedroom
TOTAL
TABLED
113
119
6
Number of Affordable Housing Units
Total Number of
Affordable Units
in Development
Owner
Rental Occupied
MODERATE INCOME (80% MI)
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
Other
TOTAL
LOW INCOME (60% MI)
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
Other
TOTAL
113
6
119
Total Number of
Affordable Units
in Development
Rental
Efficiency
VERY LOW INCOME (50% MI)
1 Bedroom
2 Bcdroom
Proposed Use for
Density Bonus Units
Rental
59.52
59.52
Proposed Use for
Density Bonus
Units
Owner Rental
Occupied
-"---
Owner
Occupied
Owner
Occupied
Agenda Item No, 8A
May 11 , 2004
- f?6I-ge 112 of 113
""~'.'"-""-'.'-""""-""""""""""""
3 Bedroom
Other
TOTAL
TotaJ Number of
Proposed Use for
Affordable Units
in Development
Density Bonus
Units
RentaJ
Owner
Occupied
Owner
Occupied
Rental
VERY-VERY LOW INCOME (35% MI)
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
Other
TOTAL
7,
Please provide a physieaJ description of the affordable units by type of unit (moderate,
Jow, very low income) and by number of bedrooms. Include in your description, for example,
the square footage of each type of unit, floor coverings used throughout the unit (carpeting, tile,
vinyl flooring); window treatments; appliances provided such as washer/dryer, dishwasher,
stove, refrigerator; bathroom amenities, such as ceiling exhaust fans; and any other amenities as
applicable. Attach additional pages.
Phase 1 will consist of 28 one-bedroom and 2 two-bedroom apartment units in a two-story
elevator building. All units will serve the low-income elderly population. The units will have
through wall electric resistance heating and air conditioning. Floor coverings will consist of
carpeting in the living room and bedrooms and vinyl flooring in the kitchens and baths.
Window coverings will be mini-blinds. The kitchens in all units will include a range, range
hood, and refrigerator. There will be ceiling exhaust fans in the bathrooms. Each unit will
also have a ceiling fan light fixture. The apartment building will include a coin-operated
laundry facility for resident use. Phase 2 and/or 3 will be of a similar nature.
One bedroom units are 576 square feet and two bedroom units are 739 square feet.
8. Please supply any other infonnation which would reasonably be needed to address this
request for an affordable housing density bonus for this development Attach additional
pages.
Agenda Item No, 8A
May 11, 2004
-~fl.ge 113 of 113
-
EXECUTIVE SUMMARY
Consideration of an ordinance adopting a recodification and revision of the County's
Land Development Code, to become effective on August 30, 2004.
OBJECTIVE: To consider approval of an ordinance adopting a recodification and revision of
the County's Land Development Code (LDC). This LDC revision is known temporarily as the
Unified Land Development Code, or UDC, to distinguish it from the existing LDC. If adopted,
this ordinance and recodified UDC would not become effective until 12:01 AM., Monday,
August 30, 2004. The UDC revises the structure and format of the existing LDC without altering
the substance of the existing provisions and will provide a platform for future amendments of
substantial portions of the LDC.
CONSIDERATIONS: On October 30, 1991, the Collier County Board of County Commissioners
(Board) adopted Ordinance No. 91-102, the original Collier County LDC, which became
effective on November 13, 1991. The current LDC, having been subsequently amended by
over three dozen ordinances (not counting the numerous ordinances for each new or amended
PUD) comprising a total of eighteen (18) supplements, has been in place for nearly thirteen
years without a comprehensive overview. The prior amendments, having been made in an
orderly, but piece-meal manner, have resulted in unintended internal inconsistencies in the
regulations and sometimes-conflicting definitions.
.---
During the Spring of 2002, in an effort to ease the use of the LDC by staff, applicants, and the
general public, the Board, under Contract # 02-3293, approved The Gail Easley Company to
perform professional services to update the LDC. The Gail Easley Company is well known in
Florida planning circles for its demonstrated ability to assist local governments with their land
development regulations to provide greater clarity and conciseness. The scope of services of
the contract with the Easley firm was directed to updating and simplifying the LDC's format,
including a revised section numbering system used to identify individual provisions. The UDC
being considered at this meeting was largely the result of the Easley firm's efforts working in
conjunction with a team comprised of County staff and interested individuals from the regulated
industry and the public. These efforts included a BCC workshop on proposed revisions held on
April 29, 2003. Additionally, Ms. Easley and her associates have engaged in many meetings
with the County staff to develop the finished product.
The substance of the five operative Articles of the existing LDC (1 through 3, 5 and 6) has been
relocated into nine functionally related Chapters (1 through 6 and 8 through 10), which combine
the regulations into a more logical and coherent framework. Significantly, other than those
changes designed to update and harmonize the Definitions' section (UDC § 1.08.00.), the UDC
does not contain any new substantive text, with one exception. A new Appendix H has been
created which cross-references the existing LDC provisions into the UDC numbering system.
This appendix is a set of comparative tables for each Article, Division, & Section (and some sub-
sections, where relevant) of the existing LDC detailing where, by Chapter and Section in the
UDC, the corresponding provision may be found if it's being recodified. Additionally, a number
of Divisions of the LDC are being relocated to the Code of Laws and Ordinances because they
are not considered to be land development regulations. Other provisions that are more
procedural or administrative in nature are being recommended to be relocated into a new
Administrative Code that would be proposed if the Board adopts this Ordinance. Certain
provisions that are no longer required or legally effective are not being included as part of the
,.-
Page 1 of 3
Agenda Item No. 88
May 11, 2004
Page 1 of 12
--. "--'-'-"-""
.....,-...-.....,..
. '-'"-'.--"
UDC. One such division, LDC Div. 1.7, pertaining to Vested Rights, however, will be rewritten
as part of the second cycle of LDC amendments in the latter part of this year. Lastly, a new
feature of the UDC is that defined terms, i.e., those set forth in UDC § 1.080.00. B., are printed
in bold ALLCAPS, such that the defined term "Development" would appear in the text of the
UDC as DEVELOPMENT.
A further benefit of text "relocation" has been that many unnecessary or inconsistent provisions
have been eliminated, resulting in a "thinner" body of regulations in the UDC. Further
reductions from the size of the existing LDC were achieved by creating tables listing the
complete set of uses in every zoning district along with new tables compiling all of the
corresponding property development regulations applicable to each zoning district.
Extreme efforts have been taken to ensure no errors have occurred in the revision and
recodification process, including follow-up checks by our consultant of staff's insertion of the text
of Supplements 16, 17, & 18 into the UDC format. However, errors are possible and
procedures for addressing such errors, as detected, have been contemplated. The intended
effect of these procedures is to ensure that no application requests under review (either before
or after the effective date of the UDC) will be adversely affected for any significant period of
time. A few of the error correction procedures contemplated are: a) adding any needed
provisions into a PUD ordinance prior to its approval; b) adoption of a scrivener's error
ordinance, when appropriate for the type of error; or c) amending the UDC in Cycle 2, if time
allows.
Procedurally, because there will be no substantive amendments to any of the uses or zoning
districts, only one Collier County Planning Commission (CCPC) and Board meeting and no
evening meetings are required to recodify the Collier County Land Development Code. The
UDC has been presented to, and favorably reviewed by, the Development Services Advisory
Committee and the CCPC (please refer to the Summary Sheets). Although the CCPC held one
public hearing on May 6, 2004, that meeting was continued until May 20, 2004, to address an
advertising issue. The CCPC will provide it's final recommendation and finding of consistency
with the Growth Management Plan to the Board at its latter, continued meeting. Similarly, the
Board is requested to continue today's hearing until May 25, 2004, for a final vote on the
adoption of the proposed Ordinance,
FISCAL IMPACT: No additional fiscal impacts beyond the costs already expended for
consultant services are anticipated. Those costs to date have totaled approximately $90,000.
GROWTH MANAGEMENT IMPACT:
The proposed recodification and revisions in the UDC are consistent with and implement the
Goals, Objectives, and Policies of the GMP.
RECOMMENDATION: That the Board consider and approve a motion to continue the public
hearing for this item until May 25, 2004, at 9:00 AM, at which time the Board can consider a
motion to approve the proposed Ordinance, including Exhibit A, the Land Development Code of
Collier County, Florida, the title of which follows:
.-
Page 2 of 3
Agenda Item No. 88
May 11 , 2004
Page 2 of 12
Ordinance No. 04-_-
.-
An Ordinance Of The Board Of County Commissioners Of Collier County, Florida, Recodifying
The Collier County Land Development Code, Which Includes The Comprehensive
Regulations For The Unincorporated Area Of Collier County, Florida, By Superceding
Ordinance Number 91-102, As Amended; Providing For: Section One, Recitals; Section Two,
Findings Of Fact; Section Three, Recodification Of The Unified Land Development Code,
More Specifically By Creating The Following: Chapter 1 - General Provisions, Including Sec.
1.01.00 Title, Sec. 1.02.00 Authority, Sec. 1.03.00 Rules Of Construction, Sec. 1.04.00
Applicability, Sec. 1.05.00 Findings, Purpose And Intent, Sec, 1.06.00 Rules Of Interpretation,
Sec. 1.07.00 Laws Adopted By Reference, Sec. 1.08.00 Definitions; Chapter 2 - Zoning
Districts And Uses, Including Sec, 2.01.00 Generally, Sec. 2.02.00 Establishment Of Zoning
Districts, Sec. 2.03,00 Zoning Districts, Sec. 2.04.00 Permissible, Conditional, And Accessory
Uses In Zoning Districts, Sec. 2.05.00 Density Standards, Sec. 2,06.00 Affordable Housing
Density Bonus, Sec. 2.07.00 Table Of Setbacks For Base Zoning Districts; Chapter 3 -
Resource Protection, Including Sec. 3.01.00 Generally, Sec. 3.02.00 Floodplain Protection,
Sec. 3.03.00 Coastal Zone Management, Sec, 3.04.00 Protection Of Endangered,
Threatened, Or Listed Species, Sec. 3.05.00 Vegetation Removal, Protection, And
Preservation, Sec. 3.06.00 Wellfield And Groundwater Protection; Chapter 4 - Site Design
And Development Standards, Including Sec. 4.01.00 Generally, Sec. 4.02.00 Site Design
Standards, Sec. 4.03.00 Subdivision Design And Layout, Sec, 4.04.00 Transportation System
Standards, Sec. 4.05.00 Off-Street Parking And Loading, Sec. 4.06.00 Landscaping, Buffering,
And Vegetation Retention, Sec. 4.07.00 Design Standards For Planned Unit Developments,
Sec. 4.08.00 Rural Lands Stewardship Area Zoning Overlay District Standards And
Procedures, List Of Tables In Chapter 4; Chapter 5 - Supplemental Standards, Including Sec.
5.01.00 Generally, Sec. 5.02.00 Home Occupations, Sec. 5.03.00 Accessory Uses And
Structures, Sec. 5.04.00 Temporary Uses And Structures, Sec. 5.05.00 Supplemental
Standards For Specific Uses, Sec. 5.06.00 Signs; Chapter 6 - Infrastructure Improvements
And Adequate Public Facilities Requirements, Including Sec. 6.01.00 Generally, Sec. 6.02.00
Adequate Public Facilities Requirements, Sec. 6.03.00 Wastewater Systems And
Improvements Standard, Sec. 6.04.00 Potable Water Systems And Improvements Standards,
Sec. 6.05.00 Water Management Systems And Drainage Improvement Standards, Sec.
6.06.00 Transportation System Standards; Chapter 7 - Reserved; Chapter 8 - Decision-
Making And Administmtive Bodies, Including Sec. 8.01.00 Generally, Sec. 8.02.00 Board Of
County Commissioners, Sec. 8.03.00 Planning Commission, Sec. 8.04.00 Board Of Zoning
Appeals, Sec. 8.05.00 Building Board Of Adjustments And Appeals, Sec. 8,06.00
Environmental Advisory Council, Sec. 8.07.00 Historic/Archaeological Preservation Board,
Sec. 8.08.00 Code Enforcement Board; Sec. 8.09.00 Community Development And
Environmental Services Division; Chapter 9 - Variations From Code Requirements, Including
Sec. 9.01.00 Generally, Sec. 9.02.00 Development With Vested Rights, Sec, 9.03.00
Nonconformities, Sec. 9.04.00 Variances; Chapter 10 - Application, Review, And Decision-
Making Procedures, Including Sec, 10,01.00 Generally, Sec. 10.02.00 Application
Requirements, Sec. 10.03.00 Notice Requirements, Sec. 10.04.00 Review And Action On
Applications For Development Orders And Petitions For Revisions To The Official Zoning
Map, The LDC, Or The GMP, Sec. 10.05.00 Revisions To Development Orders, Sec.
10.06.00 Appeals, Sec. 10.07.00 Enforcement, Sec. 10.08.00 Conditional Uses Procedures,
And Appendices A Through H, Including A New Appendix "H" Of Cross-References Between
The LDC And UDC; Section Four, Repealer; Section Five, Conflict And Severability; Section
Six, Publication as The Collier County Land Development Code; And Section Seven, Effective
Date.
Page 3 of 3
Agenda Item No, 8B
May 11, 2004
Page 3 of 12
Item Number
Item Summary
Meeting Date
Approved By
Constance A. Johnson
Community Development &
Environmental Services
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
88
This item to be heard at 10:00 a.m. Consideration of an ordinance adopting a
recodification and revision of the County's Land Development Code, to become
effective on August 30, 2004.
5/11/20049:0000 AM
Operations Analyst
Community Development &
Environmental Services Admin.
Date
5/3/2004 3:16 PM
Approved By
Patrick G. White
County Manager's Office
Assistant County Attorney
Date
County Attorney Office
5/3/2004 5:37 PM
Approved By
Ray Bellows
Community Development &
Environmental Services
Chief Planner
Date
Zoning & Land Development Review
5/3/2004 3:07 PM
Approved By
Susan Murray, AtCP
Community Development &
Environmental Services
Zoning & Land Development Director
Date
Zoning & Land Development Review
5/3/20043:09 PM
Russell Webb
Approved By
Community Development &
Environmental Services
Principal Planner
Date
Zoning & Land Development Review
5/3120043:21 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development /'a
Environmental Services Admin.
5/3/20044:32 PM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
5/41200410:04 AM
Approved By
Michael Smykowski
County Manager's Office
Management & Budget Director
Date
Office of Management & Budget
5/4/2004 1 :34 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
5/412004 6:25 PM
Agenda Item No. 88
May 11, 2004
Page 4 of 12
ORDINANCE NO. 04-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, RECODIFYING THE COLLIER
COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED
AREA OF COLLIER COUNTY, FLORIDA, BY SUPERCEDING
ORDINANCE NUMBER 91-102, AS AMENDED; PROVIDING FOR:
SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT;
SECTION THREE, RECODIFICATION OF THE LAND
DEVELOPMENT CODE, MORE SPECIFICALLY BY CREATING
THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS,
INCLUDING SEC. 1.01.00 TITLE, SEC. 1.02.00 AUTHORITY, SEC.
1.03.00 RULES OF CONSTRUCTION, SEC. 1.04.00
APPLICABILITY, SEC. 1.05.00 FINDINGS, PURPOSE AND
INTENT, SEC. 1.06.00 RULES OF INTERPRETATION, SEC. 1.07.00
LAWS ADOPTED BY REFERENCE, SEC. 1.08.00 DEFINITIONS;
CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING SEC.
2.01.00 GENERALLY, SEC. 2.02.00 ESTABLISHMENT OF ZONING
DISTRICTS, SEC. 2.03.00 ZONING DISTRICTS, SEC. 2.04.00
PERMISSIBLE, CONDITIONAL, AND ACCESSORY USES IN
ZONING DISTRICTS, SEC. 2.05.00 DENSITY STANDARDS, SEC.
2.06.00 AFFORDABLE HOUSING DENSITY BONUS, SEC. 2.07.00
TABLE OF SETBACKS FOR BASE ZONING DISTRICTS;
CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SEC.
3.01.00 GENERALLY, SEC. 3.02.00 FLOODPLAIN PROTECTION,
SEC. 3.03.00 COASTAL ZONE MANAGEMENT, SEC. 3.04.00
PROTECTION OF ENDANGERED, THREATENED, OR LISTED
SPECIES, SEC. 3.05.00 VEGETATION REMOVAL, PROTECTION,
AND PRESERVATION, SEC. 3.06.00 WELLRELD AND
GROUNDWATER PROTECTION; CHAPTER 4 - SITE DESIGN
AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.01.00
GENERALLY, SEC. 4.02.00 SITE DESIGN STANDARDS, SEC.
4.03.00 SUBDIVISION DESIGN AND LAYOUT, SEC. 4.04.00
TRANSPORTATION SYSTEM STANDARDS, SEC. 4.05.00 OFF-
STREET PARKING AND LOADING, SEC. 4.06.00 LANDSCAPING,
BUFFERING, AND VEGETATION RETENTION, SEC. 4.07.00
DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS,
SEC. 4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING
OVERLAY DISTRICT STANDARDS AND PROCEDURES, LIST OF
TABLES IN CHAPTER 4; CHAPTER 5 - SUPPLEMENTAL
STANDARDS, INCLUDING SEC. 5.01.00 GENERALLY, SEC.
5.02.00 HOME OCCUPATIONS, SEC. 5.03.00 ACCESSORY USES
AND STRUCTURES, SEC. 5.04.00 TEMPORARY USES AND
STRUCTURES, SEC. 5.05.00 SUPPLEMENTAL STANDARDS FOR
SPECIFIC USES, SEC. 5.06.00 SIGNS; CHAPTER 6 -
INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC
FACILITIES REQUIREMENTS, INCLUDING SEC. 6.01.00
GENERALLY, SEC. 6.02.00 ADEQUATE PUBLIC FACILITIES
REQUIREMENTS, SEC. 6.03.00 WASTEWATER SYSTEMS AND
Agenda Item No. 8B
May 11, 2004
Page 5 of 12
Page 1 of 7
IMPROVEMENTS STANDARD, SEC. 6.04.00 POTABLE WATER
SYSTEMS AND IMPROVEMENTS STANDARDS, SEC. 6.05.00
WATER MANAGEMENT SYSTEMS AND DRAINAGE
IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION
SYSTEM STANDARDS; CHAPTER 7 - RESERVED; CHAPTER 8
DECISION-MAKING AND ADMINISTRATIVE BODIES,
INCLUDING SEC. 8.01.00 GENERALLY, SEC. 8.02.00 BOARD OF
COUNTY COMMISSIONERS, SEC. 8.03.00 PLANNING
COMMISSION, SEC. 8.04.00 BOARD OF ZONING APPEALS, SEC.
8.05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS,
SEC. 8.06.00 ENVIRONMENTAL ADVISORY COUNCIL, SEC.
8.07.00 HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD,
SEC. 8.08.00 CODE ENFORCEMENT BOARD; SEC. 8.09.00
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES
DIVISION; CHAPTER 9 - VARIATIONS FROM CODE
REQUIREMENTS, INCLUDING SEC. 9.01.00 GENERALLY, SEC.
9.02.00 DEVELOPMENT WITH VESTED RIGHTS, SEC. 9.03.00
NONCONFORMITIES, SEC. 9.04.00 VARIANCES; CHAPTER 10-
APPLICATION, REVIEW, AND DECISION-MAKING
PROCEDURES, INCLUDING SEC. 10.01.00 GENERALLY, SEC.
10.02.00 APPLICATION REQUIREMENTS, SEC. 10.03.00 NOTICE
REQUIREMENTS, SEC. 10.04.00 REVIEW AND ACTION ON
APPLICATIONS FOR DEVELOPMENT ORDERS AND PETITIONS
FOR AMENDMENTS TO THE OFFICIAL ZONING MAP, THE LDC,
OR THE GMP, SEC. 10.05.00 AMENDMENTS TO DEVELOPMENT
ORDERS, SEC. 10.06.00 APPEALS, SEC. 10.07.00
ENFORCEMENT, SEC. 10.08.00 CONDITIONAL USES
PROCEDURES, AND APPENDICES A THROUGH H, INCLUDING A
NEW APPENDIX "H" OF CROSS-REFERENCES BETWEEN THE
LDC AND UDC; SECTION FOUR, REPEALER; SECTION FIVE,
CONFLICT AND SEVERABILITY; SECTION SIX, PUBLICATION AS
THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND
SECTION SEVEN, EFFECTIVE DATE.
RECITALS
WHEREAS, on October 30, 1991, the Collier County Board of County
Commissioners (Board) adopted Ordinance No. 91-102, the Collier County Land
Development Code (LDC), which became effective on November 13, 1991, and which
has been subsequently amended by numerous ordinances comprising eighteen (18)
supplements; and
WHEREAS, the Board has directed that the LDC be revised to update and simplify
its format, and use; and
Page 2 of 7
Agenda Item No. 88
May 11, 2004
Page 6 of 12
WHEREAS, the Collier County Planning Commission, acting in part in its capacity
as the Local Planning Agency pursuant to § 163.3194 (2), F.S., in a manner prescribed by
law, did hold an advertised public hearing on May 6,2004, which was continued for a final
consideration and vote on May 20, 2004, and did take affirmative action concerning these
revisions to the LDC, including finding that the provisions of the proposed recodification of
the LDC implement and are consistent with the adopted Growth Management Plan of
Collier County; and
WHEREAS, the Board of County Commissioners, in a manner prescribed by law,
did hold an advertised public hearing on May 11, 2004, which was continued for a final
adoption hearing on May 25, and did take affirmative action concerning these revisions to
the LDC; and
WHEREAS, the revisions to, and recodification of, the LDC does not substantively
alter in any way the prior existing LDC text and the substantive provisions of this
Ordinance are hereby determined by this Board to be consistent with and to implement
the Collier County Growth Management Plan as required by Subsections 163.3194 (1)
and 163.3202 (3), F.S.1 ; and
WHEREAS, on March 18, 1997, the Board of County Commissioners adopted
Resolution 97-177 establishing local requirements and procedures for amending the LDC;
and
WH EREAS, all requirements of Resolution 97-177 have been met; and
WHEREAS, all other applicable substantive and procedural requirements of the
law have been met for the adoption of this ordinance and Land Development Code.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of
Collier County, Florida, that:
Page 3 of 7
Agenda Item No, 8B
May 11, 2004
Page 7 of 12
SECTION ONE:
RECITALS.
The foregoing Recitals are true and correct and incorporated by reference herein
as if fully set forth.
SECTION lWO: FINDINGS OF FACT.
The Board of County Commissioners of Collier County, Florida, hereby makes
the following findings of fact:
1. Collier County, pursuant to Sec. 163.3161, et seq., F.S., the Florida local
Government Comprehensive Planning and land Development Regulations Act
(hereinafter the "Act"), is required to prepare and adopt a Growth Management Plan also
referred to as a Comprehensive Plan.
2. After adoption of the Comprehensive Plan, the Act and in particular Sec.
163.3202(1), F.S., mandates that Collier County adopt land development regulations that
are consistent with, and implement, the adopted comprehensive plan.
3. Sec. 163.3201, F.S., provides that it is the intent of the Act that the
adoption and enforcement by Collier County of land development regulations for the total
unincorporated area shall be based on, be related to, and be a means of implementation
for, the adopted Comprehensive Plan as required by the Act.
4. Sec. 163.3194(1 )(b), F.S., requires that all land development regulations
enacted or amended by Collier County be consistent with the adopted Comprehensive
Plan, or element or portion thereof, and any land development regulations existing at the
time of adoption which are not consistent with the adopted Comprehensive Plan, or
element or portion thereof, shall be amended so as to be consistent.
5. Sec. 163.3202(3), F.S., states that the Act shall be construed to encourage
the use of innovative land development regulations, including transfer of development
rights, planned unit development, and impact fees,
6. On January 10, 1989, Collier County adopted the Collier County Growth
Management Plan (hereinafter the "Growth Management Plan" or "GMP") as its
Comprehensive Plan pursuant to the requirements of Sec. 163.3161, et seq., F.S., and
Rule 9J-5, F.A.C.
7. Sec. 163.3194(1 )(a), F.S., mandates that after a Comprehensive Plan, or
element or portion thereof, has been adopted in conformity with the Act, all development
undertaken by, and all actions taken in regard to development orders by, governmental
agencies in regard to land covered by such Comprehensive Plan, or element or portion
thereof, shall be consistent with such Comprehensive Plan, or element or portion thereof,
as adopted.
8. Pursuant to Sec. 163.3194(3)(a), F.S., a development order or land
development regulation shall be consistent with the Comprehensive Plan if the land uses,
densities or intensities, and other aspects of development permitted by such order or
Agenda Item No. 8B
May 11 , 2004
Page 8 of 12
Page 4 of 7
regulation are compatible with and further the objectives, policies, land uses, and
densities or intensities in the Comprehensive Plan and if it meets all other criteria
enumerated by the local government.
9, Pursuant to Section 163.3194(3)(b) F.S., a development approved or
undertaken by a local government shall be consistent with the Comprehensive Plan if the
land uses, densities or intensities, capacity or size, timing, and other aspects of
development are compatible with, and further the objectives, policies, land uses, densities
or intensities in the Comprehensive Plan and if it meets all other criteria enumerated by
the local government.
10. On October 30, 1991, Collier County adopted the original Collier County
land Development Code, which became effective on November 13, 1991 .
11. The Board finds that the Land Development Code is intended and
necessary to preserve and enhance the present advantages that exist in Collier County;
encourage the most appropriate use of land, water and resources, consistent with the
public interest; overcome present handicaps; and deal effectively with future problems
that may result from the use and development of land within the total unincorporated are
of Collier County and it is intended that this Land Development Code preserve, promote,
protect, and improve the public health, safety, comfort, good order, appearance,
convenience, and general welfare of Collier County; prevent the overcrowding of land and
avoid the undue concentration of population; facilitate the adequate and efficient provision
of transportation, water, sewerage schools, parks, recreational facilities, housing, and
other requirements and services, conserve, develop, utilize, and protect natural resources
within the jurisdiction of Collier County; and protect human, environmental, social, and
economic resources; and maintain through orderly growth and development, the
character and stability of present and future land uses and development in Collier County,
12. It is the intent of the Board of County Commissioners of Collier County to
implement the Land Development Code in accordance with the provisions of the Collier
County Comprehensive Plan, Chapter 125, F.S., and Chapter 163, F.S., and through
these revisions to, and recodification of, the LDC.
SECTION THREE:
ADOPTION OF RECODIFICATION TO THE LAND DEVELOPMENT
CODE.
The attached Exhibit "A," being the revised and recodified text of the existing Land
Development Code and corresponding appendices, is hereby adopted by the Board of
County Commissioners as the Land Development Code of Collier County, Florida, as
required by § 163.3202 (1) & (3), F.S., and is incorporated by reference as if fully set forth
herein as a part of this adopting Ordinance.
SECTION FOUR:
REPEALER.
Page 5 of 7
Agenda Item No. 88
May 11 , 2004
Page 9 of 12
.,-
The Land Development Code set out herein supercedes and repeals any and all
resolutions and ordinances in conflict herewith, specifically including Ordinance No. 91-102,
as amended, except that the legal effect of Section 1.22.1 as specifically set forth in the
existing Land Development Code on the date this Ordinance becomes effective will remain
unchanged as to the ordinances referenced therein being repealed. Furthermore, all
ordinances pertaining to approved Planned Unit Developments (PUDs), and all changes to
the Official Zoning Atlas, lawfully approved prior to this Ordinance becoming effective, will
remain in effect and not be repealed by, or be affected by, the adoption of this Ordinance.
SECTION FIVE:
CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County or
of any other statute, code, local resolution, regulation or other applicable federal, state, or
local law, the more stringent standard, limitation, or requirement shall govern or prevail to
the extent of the conflict. It is the legislative intent of the Board of County Commissioners
in adopting this Ordinance and LDC that all provisions hereof shall be liberally construed
to protect and preserve the peace, health, safety, and general welfare of the inhabitants
of the unincorporated portion of Collier County, Should any portion or provision of this
Ordinance or LDC be held to be unconstitutional or invalid by a court or tribunal of
competent jurisdiction, such portion shall be deemed a separate, distinct, and
independent portion or provision and such holding shall not be construed as affecting the
validity of any of the remaining portions or provisions,
SECTION SIX:
PUBLICATION AS THE COLLIER COUNTY LAND
DEVELOPMENT CODE.
The provisions of this Ordinance as set forth in Exhibit A, being adopted and
enacted as the Official Land Development Code of Collier County, Florida, shall be so
published. The provisions of Exhibit A of this Ordinance may be renumbered or relettered
to accomplish such, and the word "ordinance" may be changed to "section," "chapter," or
any other appropriate word.
SECTION SEVEN:
EFFECTIVE DATE.
Page 6 of 7
Agenda Item No. 88
May 11, 2004
Page 10 of 12
This Ordinance shall become effective, after filing with the Department of
State, at 12:01 AM on August 30th, 2004.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this _th day of May, 2004.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
By:
DONNA FIALA, CHAIRMAN
Approved as to form and
legal sufficiency:
Patrick G. White
Assistant County Attorney
Page 7 of 7
Agenda Item No, 8B
May 11,2004
Page 11 of 12
c::::: 0 -'l'lf e r c:;.o . U "J'L t Y
. - ~- -
Exhibit A - LAND DEVELOPMENT CODE
CHAPTER 1 - GENERAL PROVISIONS
CHAPTER 2 - ZONING DISTRICTS AND USES
CHAPTER 3 - RESOURCE PROTECTION
CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS
CHAPTER 5 - SUPPLEMENTAL STANDARDS
CHAPTER 6 - INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC
FACILITIES REQUIREMENTS
CHAPTER 7 - [ReseNed]
CHAPTER 8 - DECISION-MAKING AND ADMINISTRATIVE BODIES
CHAPTER 9 - VARIATIONS FROM CODE REQUIREMENTS
CHAPTER 10 - APPLICATION, REVIEW AND DECISION-MAKING PROCEDURES
APPENDIX A - STANDARD LEGAL DOCUMENTS FOR BONDING OF REQUIRED
IMPROVEMENT
APPENDIX B - TYPICAL STREET SECTIONS AND RIGHT-OF-W A Y DESIGN
STANDARDS
APPENDIX C - FINAL SUBDIVISION PLAT, REQUIRED CERTIFICATIONS AND
SUGGESTED TEXT AND FORMATS FOR OTHER REQUIRED
INFORMATION
APPENDIX D - AIRPORT ZONING
APPENDIX E - ACCESS MANAGEMENT PLAN MAPS
APPENDIX F - LIST OF COLLIER COUNTY PUD ORDINANCES
APPENDIX G -ANNUAL BEACH EVENT STANDARD PERMIT CONDITIONS
APPENDIX H -LDC/UDC COMPARATIVE TABLES
Agenda Item No. 8B
May 11, 2004
Page 12 of 12
-
EXECUTIVE SUlVlMARY
PUDZ-2003-AR-3584, Robert Duane of Hole Montes Inc., of Naples, representing
Collier County Public Schools, requesting a rezone from PUD to PUD for the purpose of
amending the Orangetree PUD text, (Ordinance number 91-43) to include "Public
Educational Plants and Ancillary Plants" as a permitted use to the "Agriculture" (AG)
district of the PUD.
OBJECTIVE:
The petitioner is requesting a rezone from POD to PUD for the purposes of amending the
Orangetree PUD text, (Ordinance Number 91-43), to include "Public Educational Plants and
Ancillary Plants" as a pennitted use to the "Agriculture" (AG) District of the PUD.
CONSIDERATIONS:
The subject PUD property contains approximately 2,752.8 acres and is bounded on the west
by lmmokalee Road (CR-856), on the south by Randall Boulevard and on the north and east
by drainage way easements then E (Estates) zoning. Oil Well Road (CR-858) bisects the
middle of the site in east-west directions. The subject property is located in Sections 13, 14,
23, and 24, Township 48 South, and Range 27 East.
-,
The petitioner's proposed revision adds "Public Educational Plants" as a permitted use to the
"Agriculture" (AG) District of the Orangetree POD. Public Educational Plants include the
educational facility (school) as well as auxiliary facilities (recreational areas) and ancillary
plants (administrative buildings and transportation facilities). The proposed amendment is
necessary to bring into conformance with Section 2 of the Land Development Code (LDC)
the Palmetto Ridge High School (also originally known as Lewis and Clark High School)
which is currently being constructed on 120+/- acres within the AG District of the Orangetree
PUD. The high school is needed for an expanding student population in the surrounding area
and is expected to be open for the 2004 fan school year. In addition, an existing school,
Corkscrew Middle School, is a nonconforming use located within the AG District. This
change will correct this inconsistency. Corkscrew Middle School's location was originally
sited under the June 25, 1996, School Planning Interlocal Agreement which stated in (§3):
"The County and the School Board hereby agree that an Educational Plant, including
Educational Facilities and any Auxiliary Facility, and an Ancillary Plant are permitted and
consistent uses in all land use categories of the County's Growth Management Plan, as well as
permitted and consistent uses in all land use categories in the County's implementing land
development regulations".
On January 9, 2003, Collier County Public Schools submitted an application for a public
hearing for a PUD-to-PUD rezone to the Community Development and Environmental
Services Division (CDES). The application (PUDZ-2003-AR-3584) submittal was in direct
response to the conditions set forth in the 2003 Interlocal Agreement Between the Board of
County Commissioners of Collier County and the Collier County School Board to Establish
-
Pagclof3
Agenda Item No. 8C
May 11, 2004
Page 1 of 96
, -----, '
'"' , -M- .",.,_.,.
Educational Plant and Ancillary Criteria Including the Consideration of Future Amendments
to the County's Growth Management Plan and Implementing Land Development Regulations.
Section 3(B) of the 2003 Interlocal Agreement states that: The parties recognize that Planned
Unit Development (PUD) zoning is prevalent in Collier County, and as such, Educational
Plants and Ancillary Plants as defined in Section 2 of this Agreement, are permitted uses in
POD designations if specifically set forth in the POD Document and approved by the BCC as
a pennitted principal use.
The 2003 Interlocal Agreement defines the following: 1. "Educational Plant" comprises the
educational facilities, site and site improvements necessary to accommodate students, facility,
administrators, staff, and the activities of the educational program of each plant.
2. "Auxiliary Facility" means the spaces located at educational plants, which are not
designed for student occupant stations. 3, "Ancillary Plant" is comprised of the building, site
and site improvements necessary to provide such facilities as vehicle maintenance,
warehouses, maintenance, or administrative buildings necessary to provide support services to
an educational program.
Therefore, this after the fact PUD-to-PUD rezone is necessary to correct the inconsistency of
both schools being sited in the "Agriculture" (AG) District of the Orangetree PUD. The
Collier County Planning Commission reviewed this petition on March 4, 2004 and
unanimously recommended approval.
The Board of County Commissioners reviewed this petition on April 13, 2004. The Board of
County Commissioners continued this petition unto their May 11, 2004 regular meeting so
that the Collier County School District would have an opportunity to hold an informational
meeting with the residents in the area to explain the proposed POD rezoning and their plans to
mitigate the impacts of a future ancillary plant (bus maintenance building and bus parking
area) to the adjoining land uses.
Approximately 100 persons were in attendance at the April 29, 2004 informational meeting
that was held by the Collier County School District at Corkscrew Middle School. The
majority opinion of those in attendance was not supportive of the ancillary plant being located
on the Palmetto Ridge High School campus, but should be located somewhere away from
their homes and the Waterways Subdivision.
FISCAL IMPACT:
TIris rezoning will have no fiscal impact on Collier County. Additionally, schools are exempt
from impact fees.
GROWTII MANAGEMENT IMPACT:
The subject petition has been found consistent with the goals, objectives and policies of the
GMP. The proposed amendments have been found to be consistent with the Growth
Management plan.
-
Page 2 of3
Agenda Item No. 8C
May 11, 2004
Page 2 of 96
ENVIRONMENTAL ISSUES:
The subject petition is for a rezone, from POD to POD, for the purposes of amending the
Orangetree POD text and will therefore have no environmental issues associated.
HISTORIC! ARCHAEOLOGICAL IMPACT:
The subject petition is for a rezone, from POD to POD, for the purposes of amending the
Orangetree POD text and will therefore have no historical/archaeological issues associated.
EAC RECOMMENDATION:
The Environmental Advisory Council did not review this petition.
PLANNING COMMISSION RECOMMENDATION:
The Collier County Planning Commission heard the petition on March 4, 2004 and by a vote
of 8 to 0 unanimously recommended approval with the following minor clarifications added
to the PUD document: Section 3.03(C) 2, retain the term "Public" and add item (3)
"Educational plants and ancillary plants", Include maximum allowable heights of structures.
There was one public speaker present for this petition.
ZONING & LAND DEVELOPMENT REVIEW STAFF RECOMMENDATION:
Staff recommends approval.
05103104 VERSION S
.-
Page 3 of 3
Agenda Item No. 8C
May 11, 2004
Page 3 of 96
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
BC
This item was continued from the April 13, 2004 BCC Meeting. This item
requires that all participants be sworn in and ex parte disclosure be provided by
Commission members. PUDZ-2003-AR-3584, Robert Duane of Hole Montes
Inc., of Naples. representing Collier County Public Schools. requesting a rezone
from PUD to PUD for the purpose of amending the Orangetree PUD text,
(Ordinance number 91-43) to include 'Public Educational Plants and Ancillary
Plants" as a permitted use to the "Agriculture" (AG) district of the PUD.
5/11/2004 9:00:00 AM
Prepared By
Michael J. DeRuntz
Community Development &
Environmental Services
Principal Planner
Zoning & Land Development Review
Approved By
Ray Bellows
Community Development &
Environmental Services
Chief Planner
Date
Zoning & Land Development Review
4/30/20042:25 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
4/30/2004 2:17 PM
Approved By
Michael J. DeRuntz
Community Development &
Environmental Services
Principal Planner
Date
Zoning & Land Development Review
5/3/2004 11 :04 AM
Approved By
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
513/20041 :42 PM
Approved By
Susan Murray, AICP
Community Development &
Environmental Services
Zoning & Land Development Director
Date
Zoning & Land Development Review
5/3/200410:53 AM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
5/41200410:02 AM
Approved By
Michael Smykowski
County Manager's Office
Management & Budget Director
Office of Management & Budget
Date
5/4/20041:31 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
5/4/2004 7:03 PM
Agenda Item No. 8C
May 11, ;¿UU4
Page 4 of 96
eo1N!r County
- '--~ -
ST AFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
HEARING DATE: MARCH 4, 2004
SUBJECT:
PETITION NO: PUDZ-03-AR-3584, ORANGETREE
OWNER/AGENT:
Agent:
Robert Duane
Hole Montes Inc.
950 Encore Way
Naples, Florida 3411
Owner:
Collier County Public Schools
5775 Osceola Trail
Naples, Florida 34109
REQUESTED ACTION:
The petitioner is requesting a rezone from POD to POD for the purposes of amending the
Orangetree POD text, (Ordinance Number 91-43), to include "Public Educational Plants and
Ancillary Plants" as a permitted use to the "Agriculture" (AG) District of the POD,
GEOGRAPHIC LOCATION:
The subject POD property contains approximately 2,752.8 acres and is bounded on the west by
Immokalee Road (CR-856), on the south by Randall Boulevard and on the north and east by
drainage way easements then E (Estates) zoning. Oil Well Road (CR-858) bisects the middle of the
site in east-west directions. The subject property is located in Sections 13, 14, 23, and 24, Township
48 South, Range 27 East. (See illustration on following page).
PURPOSEIDESCRIPTION OF PROJECT:
Agenda Item No. 8C
May 11, 2004
Page 5 of 96
The petitioner's proposed revision adds "Public Educational Plants" as a permitted use to the
"Agriculture" (A G) District of the PUD. The proposed amendment is necessary so that the
Palmetto Ridge High School may be constructed on 120+/- acres within the AG District of the
Orangetree PUD. The high school is needed for an expanding student population in the surrounding
area, In addition, an existing school, Corkscrew Middle School, is located within the AG District.
This change will correct this inconsistency. Corkscrew Middle School's location was originally
sited under the June 25, 1996, School Planning Interlocal Agreement which stated in (§3): "The
County and the School Board hereby agree that an Educational Plant, including Educational
Facilities and any Auxiliary Facility, and an Ancillary Plant are permitted and consistent uses in all
land use categories of the County's Growth Management Plan, as well as permitted and consistent
uses in all land use categories in the County's implementing land development regulations."
SURROUNDING LAND USE AND ZONING: (See Exhibits "Ct. C2")
Subject Parcel:
The subject site is currently being utilized as the Orangetree PUD, designed
as a mixture of agriculture, residential uses, commercial and community
oriented facilities, and recreational elements.
Surrounding:
North:
Drain way easement and land zoned E (Estates).
East:
North Golden Gate Canal and land zoned E (Estates),
South:
Randall Boulevard and land zoned E (Estates),
West:
Immokalee Road (CR 846) and land zoned E (Estates).
2
Agenda Item No. 8C
May 11, 2004
Page 6 of 96
GROWTH MANAGEMENT PLAN CONSISTENCY:
Future Land Use Element (FLUE): The subject property is designated Agricultural/Rural -
Settlement Area District, as identified on the Future Land Use Map in the Golden Gate Area Master
Plan of the Growth Management Plan. Relevant to this petition, the Settlement Area District allows
land uses "vested" in 1986; these include elementary and middle schools presently allowed on
certain lands in the Orangetree PUD, Also, the Settlement Area District identifies the types of uses
allowed in the Orangetree PUD, which include: "community facility, community uses, educational
facilities... open space and recreational uses, and essential services uses."
In staffs opinion, "educational facilities" as provided for in the Settlement Area District
contemplates schools and associated recreation areas only. However, "essential services" listed in
the Settlement Area District would allow those uses provided for in Sec, 2.6.9, essential services, of
the Land Development Code (LDC). Sec. 2.6.9 allows, by conditional use, "government facilities"
which is a broadly defined tenn interpreted by staff to include non-school facilities, e.g.
transportation facilities (and bus barn, maintenance yard, and administrative offices).
3
Agenda Item No. 8C
May 11 , 2004
Page 7 of 96
,"'>'->
PUD Document and Master Plan
Section III: It is suggested that a definition of "Public Educational Plants" be added to the
PUD and that it match that in the proposed Interlocal Agreement between the Collier County
School Board and BCC, Similarly, it may be necessary to add a definition of "Ancillary
Plants," Adding these definitions should ease implementation and help avoid future issues as
to allowed uses,
Sec. 3.02, first sentence: Staff suggest adding the word "primarily" so as to read: ".., which is
primarily agricultural, pastoral or rural in nature"; otherwise, a Public Educational Plant use
would seem to conflict with the intent of this PUD designation,
Based upon the above analysis, staff is of the opinion that the proposed amendment may be
deemed consistent with the Rural Settlement Area District in the GGAMP, but recommends
minor PUD document revisions, as noted above.
Transportation Element: The petitioner's proposed text amendment to the PUD document, which
originally permitted public schools, will not create any change to the previously approved
Transportation Element by allowing schools in the Agriculture District.
Open Space/Conservation: The proposed amendment request will have no affect upon the open
space requirements of the Orangetree PUD.
ANAL YSIS:
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staffs analysis indicates that the petitioner's property is located generally outside an area of
historical and archaeological probability as referenced on the official Collier County Probability
Map, Therefore, no Historical/Archaeological Survey and Assessment is required.
EVALUATION FOR ENVIRONMENTAL. TRANSPORT A TION & INFRASTRUCTURE:
The subject petition has been reviewed by the appropriate staff responsible for oversight related to
the above referenced areas of critical concern. This includes a review by the Community
Development Environmental and Engineering staff, and the Transportation Department. These
reviews help shape the content of the PUD document and cause development commitments to be
formulated to achieve GMP and LDC requirements. The proposed PUD amendment would not
change or affect the original approval of the Orangetree PUD.
EVALUATION:
Staff completed a comprehensive evaluation of this land use petition and the criteria on which a
favorable determination must be based. This evaluation is intended to provide an objective,
comprehensive overview of the impact of the proposed land use change, be they positive or
negative, culminating in a staff recommendation based on that overview. The listed criteria are
specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the Land Development Code thus
4
Agenda Item No. BC
May 11, 2004
Page B of 96
requiring staff evaluation and comment, and shall be used as the basis for a recommendation of
approval or denial by the Planning Commission to the BCe.
Each of the potential impacts or considerations identified during the staff review are listed under
each of the criterion noted and are categorized as either pro or con, whichever the case may be, in
the opinion of staff. The review of each of the criterion is followed by a summary conclusion
culminating in a determination of compliance, non-compliance, or compliance with mitigation.
These evaluations are completed as separate documents and are attached to the staff report as
Exhibits "A" and "B". Appropriate evaluation of petitions for rezoning should establish a factual
basis for supportive action by appointed and elected decision-makers. The evaluation by
professional staff should typically include an analysis of the petition's relationship to the
community's future land use plan, and whether or not a rezoning action would be consistent with
the Collier County GMP in all of its related elements. These criteria were reviewed in the rezone
petition and approved May 28,1991, with the amended ordinance 91-43.
Other evaluation considerations should include an assessment of adequacy of transportation
infrastructure, other infrastructure, and compatibility with adjacent land uses, a consideration
usually dealt with as a facet of analyzing the relationship of the rezoning action to the long range
plan for future land uses. This evaluation includes an analysis of past zoning actions in the project
area, In addition, the Board of County Commissioners has reviewed similar rezone requests.
Notwithstanding the above, staff, in reviewing the determinants for adequate findings to support a
rezoning action, advises the following:
Relationship to Future Land Uses: A discussion of this relationship refers to the relationship of
the proposed zoning action to the Future Land Use Element (FLUE) of the Growth Management
Plan (GMP). The proposed amendment only reflects a text change to the permitted uses in the
Agriculture "AG" District to include "Public Educational Plants & Ancillary Plants". Therefore,
staff is of the opinion that the subject petition is consistent with the Collier County GMP and is
therefore compatible with other approved land uses in the area.
Relationship to Existin2 Land Uses: The surrounding land uses of the adjacent properties are as
follows: To the north is a drain way easement and land zoned E (Estates), To the east is North
Golden Gate Canal and land zoned E (Estates). To the south is Randall Boulevard and land zoned E
(Estates). To the west is lmmokalee R-846) and land zoned E (Estates), The proposed text change
to the PUD document, permitting "Public Educational Plants" in the Agriculture "AG" District will
have no affect on the existing land uses. Therefore, staff is of the opinion that the proposed
amendment is compatible with the adjacent properties,
Utility Infrastructure - The site is accessible to a private sanitary sewer and potable water supply
within the Orangetree utility compound, which lies directly to the west of the proposed school
location.
NEIGHBORHOOD INFORMATION MEETING:
5
Agenda Item No. 8C
May 11, 2004
Page 9 of 96
The petitioner held a Neighborhood lnfonnation Meeting on November 18, 2002, which was
attended by approximately six individuals. Of those persons that spoke, most expressed concerns
about increased traffic problems.
STAFF RECOMMENDATION:
Staff recommends that the Collier County Planning Commission (CCPe) forward to the Board of
County Commissioners (BCC) a recommendation of approval of Petition PUDZ-2002-AR-3584.
G:PUDZ-2003-AR-3584
PREPARED BY:
6
Agenda Item No. BC
May 11 , 2004
Page 10 of 96
DONALD A. SCHNEIDER II, PRINCIPAL PLANNER
COMPREHENSIVE PLANNING DEPARTMENT
DATE
REVIEWED BY:
RAY BELLOWS, CHIEF PLANNER
ZONING & LAND DEVELOPMENT REVIEW DEPARTMENT
DATE
SUSAN MURRAY, AICP, DIRECTOR
ZONING & LAND DEVELOPMENT REVIEW DEPARTMENT
DATE
APPROVED BY:
JOSEPH K, SCHMITT, ADMINISTRATOR DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
Petition PUDZ-2003-AR-3495
Tentatively scheduled for the April 13, 2004 Board of County Commissioners Meeting
COLLIER COUNTY PLANNING COMMISSION:
RUSSEL A. BUDD, CHAIRMAN
Exhibits:
"A" - Rezone Findings
"B" - PUD Findings
"C-l" & "C-2" - Zoning Maps
"D" - Aerial Photo
"E" - Master Plan
7
Agenda item No. 8C
May 11 , 2004
Page 11 of 96
REZONE FINDINGS
PETITION PUDZ-2003-AR-3584
Section 2.7.2,5 of the Collier County Land Development Code requires that the report
and recommendations of the Planning Commission to the Board of County
Commissioners shall show that the Planning Commission has studied and considered the
proposed change in relation to the following, where applicable:
1. Whether the proposed change will be consistent with the goals, objectives,
and policies and Future Land Use map and the elements of the Growth
Management Plan (GMP).
Development Orders deemed consistent with all applicable elements of the Future
Land Use Element (FLUE) of the GMP should be considered a positive
relationship. The existing development and proposed amendment may be deemed
consistent with the Rural Settlement Area District in the Golden Gate Area Master
Plan (GGAMP).
2. The existing land use pattern;
The sUITounding land uses of the adjacent properties are as follows: To the north
is a drain way and land zoned Golden Gate Estates. To the east is North Golden
Gate Canal and land zoned Golden Gate Estates. To the south is Randall
Boulevard and land zoned Golden Gate Estates. To the west is Immokalee Road
(CR 846) and land zoned Golden Gate Estates. The proposed text change to the
PUD document, permitting "public educational plants" in the Agriculture "AG"
District will have no affect on the existing land uses.
3. The possible creation of an isolated district unrelated to adjacent and nearby
districts;
The amendment to the PUD will not result in an isolated district unrelated to
adjacent and nearby districts because it is consistent with expected land uses by
virtue of its consistency with the Rural Settlement Area District in the GGAMP.
4. Whether existing district boundaries are illogically drawn in relation to
existing conditions on the property proposed for change.
The existing PUD district boundaries are logically drawn and they are consistent
with the FLUE of the GMP, The proposed amendment will not change these
boundaries.
Exhibit" A"
1
Agenda Item No, BC
May 11, 2004
Page 12 of 96
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5. Whether changed or changjng conditions make the passage of the proposed
amendment necessary.
The subject petition is initiated by the applicant to amend Ordinance 91-43 in
order to pennit the Palmetto Ridge High School and ancillary plant constructed on
120+/- acres within the AG District of the Orangetree POD, The High School and
ancillary plant are needed for an expanding student population in the surrounding
area. In addition, an existing school, Corkscrew Middle School, is located within
the AG District. This change will correct this inconsistency.
6. Whether the proposed change will adversely influence living conditions in
the neighborhood.
The re-adoption of the POD will not adversely influence living conditions in the
neighborhood because the development standards and other conditions for
approval have been promulgated and designed to ensure the least amount of
adverse impact on adjacent and nearby developments,
7. Whether the proposed change will create or excessively increase traffic
congestion or create types of traffic deemed incompatible with surrounding
land uses, because of peak volumes or projected types of vehicular traffic,
including activity during construction phases of the development, or
otherwise affect public safety.
Evaluation of this project took into account tile requirement for consistency willi
Policy 5.1 of the Transportation Element of the GMP and was found consistent.
8. Whether the proposed change will create a drainage problem.
The Land Development Code specifically addresses prerequisite development
standards that are designed to reduce the risk of flooding on nearby properties.
New development in and of itself is not supposed to increase flooding potential on
adjacent property over and above what would occur without development.
However, as urban intensification in the absence of commensurate improvement
to inter-county drainage appurtenances may increase the risk of flooding in areas
when the drainage outfall condition is inadequate.
In summary, every project approved in Collier County involving the utilization of
land for some land use activity is scrutinized and required to mitigate all sub-
surface drainage generated by developmental activities as a condition of approval.
This project was reviewed for drainage relationships and design and construction
plans are required to meet County standards as a condition of approval.
9. Whether the proposed change will seriously reduce light and air to adjacent
areas;
2
Agenda Item No. BC
May 11, 2004
Page 13 of 96
AJI projects in Collier County are subject to the development standards that apply
generally and equally to all zoning districts concerning the need to provide the
required open space. The subject development standards are designed to ensure
that light penetration and circulation of air does not adversely affect adjacent
areas.
10. Whether the proposed change will adversely affect property values in the
adjacent area:
Typically urban intensification increases the value of contiguous underutilized
land. However, this is a subjective detennination based upon anticipated results,
which may be internal or external to the subject property that can affect property
values. Property valuation is affected by a host of factors including zoning,
however zoning by itself mayor may not affect values, since value determination
by law is driven by market value. The mere fact that a property is given a new
zoning designation mayor may not affect value.
11. Whether the proposed change will be a deterrent to the improvement or
development of adjacent property in accordance with existing regulations:
The basic premise underlying all of the development standards in the zoning
division of the LDC is that their sound application when combined with the
administrative site development plan approval process, gives reasonable
assurance that a change in zoning will not result in a deteITCnce to improvement
of adjacent property.
12. Whether the proposed change will constitute a grant of special privilege to an
individual owner as contrasting with the public welfare;
The subject property and proposed amendment to the Orangctrce PUD is located
within the PUD on land designated Agricultural/Rural - Settlement Area District,
as identified on the Future Land Use Map in the GGAMP of the Growth
Management Plan. Relevant to this petition, the Settlement Area District allows
land uses "vested" in 1986; these include elementary and middle schools
presently allowed on certain lands in the Orangetree PUD. The proposed
amendment is necessary so that the Palmetto Ridge High School and ancillary
plant may be constructed on 120+/- acres within the AG District of the Orangetree
PUD, The High School and ancillary plant are needed for an expanding student
population in the sUITounding area. In addition, an existing school, Corkscrew
Middle School, is located within the AG District This change will correct this
inconsistency. In light of this fact the proposed re-adoption does not constitute a
grant of special privilege. Consistency with the FLUE is further determined to be
a public welfare relationship because actions consistent with plans are in the
public interest.
3
Agenda Item No, 8C
May 11, 2004
Page 14 of 96
13. Whether there are substantial reasons why the property cannot be used in
accordance with existing zoning;
The subject property has been developed in accordance with the existing zoning.
The proposed amendment is only to correct an inconsistency.
14. Whether the change suggested is out of scale with the needs of the
neighborhood or the County;
The proposed change will be compatible with surrounding and approved PUD
property in size and scale.
15. Whether is it impossible to find other adequate sites in the County for the
proposed use in districts already permitting such use.
There are many sites, which are zoned to accommodate the proposed
development. This is not the determining factor when evaluating the
appropriateness of a rezoning decision. The determinants of zoning are
consistency with all elements of the GMP, compatibility, adequacy of
infrastructure and to some extent the timing of the action and all of the above
criteria.
16. The physical characteristics of the property and the degree of site alteration
which would be required to make the property usable for any of the range of
potential uses under the proposed, zoning classification.
The extent of site alteration will be determined as a function of obtaining a Site
Development Plan approved to execute the PUD's development strategy,
17. The impact of development on the availability of adequate public facilities
and services consistent with the levels of service adopted in the Collier
County Growth Management Plan and as defmed and implemented through
the Collier County Adequate Public Facilities Ordinance, as amended.
A multi-disciplined team responsible for jurisdictional elements of the GMP has
reviewed this petition and they have found it consistent with the GMP. The
conditions of approval have been incorporated into the PUD document. Staff
reviews for adequacy of public services and levels of service determined that
required infrastructure meets with GMP established relationships.
4
Agenda Item No. 8C
May 11, 2004
Page 15 of 96
FINDINGS FOR PUD
PETITION PUDZ-2003-AR-3584
Section 2,7.3.2.5 of the Collier County Land Development Code requires the Planning
Commission to make a finding as to the PUD Master Plans' compliance with the
following criteria:
1. The suitability of the area for the type and pattern of development proposed
in relation to physical characteristics of the land, surrounding areas, traffic
and access, drainage, sewer, water, and other utilities.
Jurisdictional reviews by County staff support the manner and pattern of
development proposed for the subject property, Development conditions
contained in the PUD document give assurance that all infrastructures will be
developed and will be consistent with County regulations. Recommended
mitigation measures will assure compliance with Level of Service relationships as
prescribed by the Growth Management Plan.
2. Adequacy of evidence of unified control and suitability of any proposed
agreements, contract, or other instruments, or for amendments in those
proposed, particularly as they may relate to arrangements or provisions to be
made for the continuing operation and maintenance of such areas and
facilities that are not to be provided or maintained at public expense.
Documents submitted with the application provide evidence of unified control.
The PUD document makes appropriate provisions for continuing operation and
maintenance of common areas.
3. Conformity of the proposed Planned Unit Development with the goals,
objectives and policies of the Growth Management Plan (GMP).
The subject petition has been found consistent with the goals, objectives and
policies of the GMP, The proposed amendments have been found to be consistent
with the Growth Management plan (see Staff report).
4. The internal and external compatibility of proposed uses, which conditions
may include restrictions on location of improvements, restrictions on design,
and buffering and screening requirements.
The PUD Master Plan has been designed to optimize internal land use
relationships through the use of various forms of open space separation (i,e.
preserves, lakes golf course, etc.). External relationships are automatically
regulated by the Land Development Code to assure harmonious relationships
between projects.
Exhibit "B"
1
Agenda Item No. BC
May 11, 2004
Page 16 of 96
5. The adequacy of usable open space areas in existence and as proposed to
serve the development.
The amount of open space set aside by this project is consistent with the
provisions of the Land Development Code,
6. The timing or sequence of development for the purpose of assuring the
adequacy of available improvements and facilities, both public and private.
The proposed PUD amendment will not adversely impact the timing or sequence
of development that is cuITently allowed under the existing PUD zoning.
7. The ability of the subject property and of surrounding areas to accommodate
expansion.
Ability, as applied in this context, implies supporting infrastructure such as
wastewater disposal system, potable water supplies, characteristics of the property
relative to hazards, and capacity of roads, is supportive of conditions emanating
from urban development. This amendment will not adversely impact any
previous determination of consistency with the Growth Management Plan.
8. Confonnity with PUD regulations, or as to desirable modifications of such
regulations in the particular case, based on detennination that such
modifications are justified as meeting public purposes to a degree at least
equivalent to literal application of such regulations.
This criteria essentially requires an evaluation of the extent to which development
standards proposed for this PUD depart from development standards that would
be required for the most similar conventional zoning district. The change
provided by this amendment will not affect the development standards in this
PUD.
2
Agenda Item No. 8C
May 11, 2004
Page 17 of 96
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Agenda Item No. BC
May 11, 2004
Page 19 of 96
ORDINANCE NO. 04--
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 AS
AMENDED THE COLLIER COUNTY LAND DEVELOPMENT CODE
WHICH INCLUDES THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING
ATLAS MAPS NUMBERED 8714N, 8714S. 8723N, 8723S, 8724S,
482728 AND GGE04A BY CHANGING THE ZONING
CLASSlFICA TION OF THE HEREIN DESCRIBED REAL PROPERTY
FROM A "PUD" ZONING DISTRICT TO A "PUD" PLANNED UNIT
DEVELOPMENT ZONING DISTRICT TO BE KNOWN AS THE
ORANGETREE PUD TO ALLOW CONSTRUCTION OF A."I
EDUCATIONAL PLANT AND AN ANCILLARY PLANT WITHIN
THE AGRICULTURE SUB DISTRICT OF TIm PUD LOCATED ON
COUNTY ROAD 858 (OIL WELL ROAD), IN SECTIONS 13 AND 14,
TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 12O:t ACRES; PROVIDING FOR THE
REPEAL OF ORDINANCE NUMBER 87-13, AS AMMENDED, A."ID
BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, Amy Taylor, of the Collier County School District, representing Orangetree
Associates, petitioned the Board of County Commissioners to change the zoning classification of the herein
described real property.
:"lOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier
County, Florida, that:
SECTION ONE:
The zoning classification of the herein described real property located in Sections 13 and 14,
Township 48 South, Range 27 East, Collier County, Florida, is changed from a "PUD" Zoning Distriet to
npUDn Planned Unit Development District in accordance with the nOrangctrcen PUD Document, attached
hereto as Exhibit n An and incorporated by reference herein. The Official Zoning Atlas Maps numbered
8714N, 8714S, 8723N, 8723S, 8724S, 482728 and GGE04A, as described in Ordinance Number 91-102,
the Collier County Land Development Code. are hereby amended accordingly.
SECTION TWO:
Ordinance Number 87-13, as amended, known as the Orangetree Planned Unit Development
adopted on March 31, 1987 by the Board of County Commissioners of Collier County, is hereby repealed
in ilS entirety.
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida. this - day of
.2004 .
- 1 -
Agenda Item No. BC
May 11, 2004
Page 20 of 96
--.----...-..
-------..
BOARD OF COUNTY CŒvlMISSIONERS
COLLIER COUNTY. FLORIDA
BY:
DONNA FIALA. CHAIRMAN
ATIEST:
DWIGHT E. BROCK. CLERK
Approved as to Fonn
and Legal Sufficiency
Marjorie M. Student
Assistant County Attorney
CDPJusIPUDZ - 2003. AR. 3584/DSisp
- 2-
Agenda Item No. BC
May 11 , 2004
Page 21 of 96
ZONING AND DEVELOPMENT DOCUMENT
for
AMNON GOLAN, TRUSTEE
ORANGETREE ASSOCIATES
ORANGE1REE
First Amendment
Prepared by:
WILSON, MILLER, Bp.RTON & PEEK, INc.
Engineers, Planners and Land Surveyors
3200 Bailey Lane at Airport Road
Naples, Florida 33942
POD Amendment Application
November 22, 1989
Revised February 27, 1991
Revised May 13,1991
Revised , 2004
Original Z & DD Approval: December 10, 1985
Ordinance Number: 87-13
Approved by CCPC: December 20, 1990
Approved by BCC: June, 1991
Ordinance Number: 91-43
Exhibit "A"
Agenda Item No. 8C
May 11, 2004
Page 22 of 96
-.--.--..-.-....--.--.
INDEX
PAGE
Index t- 2
List of Exhibits and Tables H 3
SECTION I Property Description -l-+ 4
SECTION II Project Development U 2
SECTION III Agricultural Development J-l. 10
SECTION IV Residential Development 4---l- 11
SECTION V Co mm e rc i allN ei gh bar hood H 16
SECTION VI Golf Course 6--l- 19
SECTION VII Community Use +-+ 22
SECTION VIII School1Park 8-+ 24
SECTION IX General Development Commitments 9-l- 26
2
Agenda Item No. 8C
May 11, 2004
Page 23 of 96
EXHIBIT A
TABLE I
TABLE II
TABLE III
-----,
LIST OF EXHIBITS AND TABLES
Master Plan
(Prepared by Thomas Lucido & Associates Ref. No. 9020)
Land Use Summary
Estimated Market Absorption Schedule
Development Standards
3
Agenda Item No. 8C
May 11 , 2004
Page 24 of 96
1.01
SECTION I
PROPERTY DESCRIPTION AND OWNERSHIP
INTRODUCTION, LOCATION, AND PURPOSE
It is the intent of Amnon Golan, Trustee, Orangetree Associates, (hereinafter called
"applicant or developer") to establish a Development on approximately 2,752.8 acres of
property located in Collier County, Florida. The subject property is described as "North
Golden Gate" on Collier County maps and is bounded on Ù1e west by Immokalee Road
(CR ~ 846), on Ù1e souÙ1 by Randall Boulevard and is bounded on the north and east
by drainage ways. Oil Well Road (CR 858) runs through the site in an east-west
direction.
1.02
LEGAL DESCRIPTION
Legal Description:
This parcel contains approximately 2,752.8 acres and is platted as North Golden Gate and
recorded in the Public Records of Collier County, Florida as follows:
Unit 1 Plat Book 9 Pages 12-28
Unit 2 Plat Book 9 Pages 39-43
Unit 3 Plat Book 9 Pages 125-142
Unit 4 Plat Book 9 Pages 53-64
Unit 5 Plat Book 9 Pages 65-72
Unit 6 Plat Book 9 Pages 74-78
Unit 7 Plat Book 9 Pages 85-97
4
Agenda Item No. 8C
May 11, 2004
Page 25 of 96
2.03
2,04
2.05
----~
SECTION II
PROJECT DEVELOPMENT
2.01
PURPOSE
The purpose of this Section is to generally describe the plan of the development and
delineate the general conditions that will apply to the project.
2.02
GENERAL PLAN OF DEVELOPMENT
The subject parcel is designed as a mixture of agriculture, residential uses, commercial
and community oriented facilities, and recreational elements.
COMPLIANCE WITH APPLICABLE ORDINANCES
The project is intended to be in substantial compliance with the applicable Collier County
Zoning and Subdivision regulations as well as other Collier County development codes in
effect at the time permits and/or plats are requested.
SUBDIVISION MASTER PLAN AND SITE DEVELOPMENT PLAN APPROVAL
The review and approval of subdivision master plans and construction plans shall follow
the design and development standards and review procedures regulating subdivisions of
the Collier County Ordinances in effect at the time of development. The developer
reserves the right to request exceptions and modifications to the standards set forth in
applicable regulations.
For site development plan approval, the provisions of Section 10.5 of the Zoning
Ordinance shall apply to the development of platted t!."acts or parcels of land as provided
in Section 10.5 prior to the issuance of a building permit or other development order.
LA1'JD USES
Table I is a schedule of the intended land use types, with approximate acreages and total
dwelling units indicated. The arrangement of these land use types is shown on the Master
Plan, Thomas Lucido & Associates Ref. No. 9020. Changes and variations in design and
acreages shall be permitted at final design to accommodate topography, vegetation, and
other site conditions. The specific location and size of individual tracts and the
assignment of dwelling units thereto shall be submitted to the Administrator for approval
or denial, as described in Section 2.04 of this document.
5
Agenda Item No. 8C
May 11, 2004
Page 26 of 96
2.06
2.07
2.08
PROJECT DENSITY
The total acreage of the subject property is approximately 2,752.8 acres. The maximum
number of dwelling units to be built on the total acreage is 2,100. The number of
dwelling units per gross acre is approximately 0,76. The density on individual parcels of
land throughout the project may vary according to the type of housing placed on each
parcel of land but shall comply with guidelines established in this document.
PERtVIlITED V ARIA TIONS OF DWELLING UNITS
All properties designated for residential uses may be developed at the maximum number
of dwelling units as assigned under Section 2,04, provided that the total number of
dwelling units shall not exceed 2.100. The Administrator shall be notified in accordance
with Section 2,04 of such an increase and the resulting reduction in the coITesponding
residential land use types or other categories so that the total number of dwelling units
shall not exceed 2,100,
The maximum number of dwelling units by type as shown in Table I shall not vary by
more than twenty (20) percent in each category, The maximum number of dwelling units
shall include all caretaker's units but does not include the designated hotel rooms.
DEVELOPMENT SEQUENCE AND SCHEDULE
The applicant has not set "stages" for the development of the property but the property is
to be developed over an estimated 15 year-time period, Any projection of project
development can be no more than an estimate based on CUITent marketing knowledge.
The estimate may, of course, change depending upon future economic factors. Table II
indicates, by phase, the estimated absorption of units for the estimated 15 year
development period.
2.09
RESER V A TION OF NA ruRAL VEGET A nON AND TREE REMOVAL
Clearing, grading, earthwork, and site drainage work shall be performed in accordance
with the Development Standards outlined in this documents,
2.10
EASEMENTS FOR UTILITIES
Easements shall be provided for water management areas, utilities and other purposes as
may be needed. Said easements and improvements shall be in substantial compliance
with the Collier County Subdivision Regulations in effect at the time a permit is
requested or required,
6
Agenda Item No. 8C
May 11 , 2004
Page 27 of 96
2.11
2.12
2.13
" ---""---"" "
AJl necessary easements, dedications, or other instruments shall be granted to insure the
continued operation and maintenance of all service utilities in substantial compliance
with applicable regulations in effect at the time approvals are required requested.
EXCEPTIONS TO TIlE COLLIER COUNTY SUBDIVISION REGULATIONS
Exceptions to the Subdivision Regulations shall be requested at the time of Subdivision
Master Plan review and approval.
LAKE SITING
As depicted on the Master Plan, Thomas Lucido & Associates Ref. No. 9020, lakes and
natural retention areas have been sited adjacent to existing and planned roadways. The
goals of this are to achieve an overall aesthetic character for the project, to permit
optimum use of the land, and to increase the efficiency of the water management
network. Accordingly, the setback requirements described in Ordinance 80-26, Section
8A, may be reduced with the approval of the County Engineer, Fill material from lakes is
planned to be utilized within the project, however excess fill material may be utilized off-
site, subject to the provisions of the excavation ordinance in effect at the time permits are
sought.
ROADS
Collector roads will be public roads. Local roads within the development may be either
public or private roads, depending on location, capacity, and design.
7
Agenda Item No. 8C
May 11, 2004
Page 28 of 96
"""---,"-
SYMBOL
AG
GC
R-1
R-2
R-3
CU
U
SP
CN
RW
LAKE
LAND USE SUMMARY
TABLEl
DESCRIPTION UNITS
Agriculture *2
Golf Course *2
Residential 143
Residential 1797
Residential 160
APPROXIMATE ACREAGE
1098*1
200*3
110
586
30
Community Use
86
Utility
15
School/Park
36
Neighborhood (Max. 60,000
Commercial S.F. plus motel units)
22
Right-of-Way
]49.8
Total 2,100
420
2,752.8*4
NOTE:The projected total unit summary represents one possible residential mix to yield 2,100
units. Should there be an increase of units in any residential category, mere would be a
corresponding decrease in other categories to maintain a maximum total of 2,100 units.
R-1
R-2
R-3
*1
*2
*3
*4
One-half acre lots - single family.
Detached and attached single family ~ duplex and triplex, cluster homes, zero lot line,
villas, patio homes, townhouses.
Cluster homes, zero lot line villas, patio homes, townhouses, garden apartments (2-story
max.).
Includes agricultural reservoirs.
Approved breakdown of agriculture and geld golf course lands,
Includes geld golf course related lakes,
Based on actual survey of acreage.
8
Agenda Item No, BC
May 11, 2004
Page 29 of 96
ESTIMA TED MARKET ABSORPTION SCHEDULE
TABLE II
YEAR DWELLING UNIT CUMULATIVE
PRODUCTION TOTAL
1 0 0
2 70 70
3 100 170
4 140 310
5 160 470
6 160 630
7 160 790
8 165 955
9 165 1,120
10 165 1,285
11 165 1,450
12 165 1,615
13 165 1,780
14 160 1,940
15 160 2,100
9
Agenda Item No. BC
May 11, 2004
Page 30 of 96
-----
3.01
3.02
3.03
SECTION ill
AGRICULTURAL DEVELOPMENT
PURPOSE
The purpose of this Section is to set forth the regulations for the areas designated on the
PUD Master Plan, Thomas Lucido & Associates Ref. No, 9020 as AG.
GENERAL DESCRIPTION
The AG District is intended to apply to those areas, the present or prospective use of
which is agricultural, pastoral or rural in nature. This district is designed to accommodate
both traditional agricultural uses and techniques, and conservation measures where
appropriate, and public educational plants and ancillary plants, while protecting the rural
areas of the County, The regulations in this district are intended to permit a reasonable
use of the property, while at the same time prevent the creation of conditions which
would seriously endanger, damage, or destroy the agricultural base of the County, or
environmental resources, potable water supply, or the wildlife resources of the County.
To this end, the use of drip-irrigation techniques or any other low volume irrigation, like
microjet, shall be implemented for agricultural uses (golf course excepted) in this district.
PERMITTED USES AND STRUCTURE
A.
Permitted Principal Uses and Structures:
12
Agricultural activities, such as field crops, reservoirs/lakes, orchards,
horticulture, fruit and nut production.
2)
Educational plants and ancillary plants.
a. "Educational Plant" comprises the educational facilities, site and site
improvements necessary to accommodate students, facility.
administrators, staff, and the activities of the educational program of each
plant that is operated by the Collier County School Board,
b, "Ancillary Plant" is comprised of the building, site and site
improvements necessary to provide such facilities as vehicle maintenance,
warehouses. maintenance, or administrative buildings necessary to provide
support services to an educational program operated by the Collier County
School Board.
B.
Permitted Accessory Uses and Structures:
1)
Accessory uses and structures which are incidental to and customarily
associated with uses permitted in the district.
10
Agenda Item No, BC
May 11, 2004
Page 31 of 96
"-"-"
2)
On-site retail sales of farm products primarily grown on the farm.
3)
Caretakers residences.
c.
Pennitted Uses Requiring Site Development Plan Approval:
1.
2.
Packing Houses
Public Educational plants and ancillary plants
D.
Development Standards for Educational Plants and Ancillary Plants:
1. In accordance with the Interlocal Agreement between the Board of County
Commissioners and the Collier County School Board adopted May 16, 2003,
including any amendments adopted thereto.
2, Building height shall be a maximum of forty-eight (48) feet for principal
structures and thirty-six (36) feet for accessory structures.
11
Agenda Item No. BC
May 11 , 2004
Page 32 of 96
4,01
4.02
4.03
SECTION IV
RESIDENTIAL DEVELOPMENT
PURPOSE
The purpose of this Section is to set forth general regulations for the areas designated on
the Master Plan Thomas Lucido & Associates Ref. No. 9020 as Residential (R-1 to R-3),
MAXIMUM DWELLING UNITS
A maximum number of 2,100 dwelling units may be constructed on lands designated as
Residential (R-l to R-3) except as permitted by Section 2.07,
GENERAL DESCRIPTION
Areas designed as Residential (R-l to R-3) Thomas Lucido & Associates Ref. No. 9020
are designed to accommodate a full range of residential dwelling types, recreational
facilities, essential services, customary accessory uses, and compatible land uses such as
religious, governmental, and educational facilities provided such uses meet the
development standards as set forth in this document.
Four residential land use categories have been identified on the Master Plan. The R-l
designation includes approximately 110 aces and will accommodate single family
development on one-half acre lots. The R-2 designation includes approximately 586
acres and wil1 provide for both conventional detached and attached single family
development. The R-3 designation includes approximately 30 acres of low density
cluster and multi-family development.
4.04
PERMITTED PRINCIPAL USES AND STRUCTURES
R-l
.
Detached single family homes
Model units
Recreational facilities, parks, lakes and water management facilities
.
.
R-2
.
Detached and attached single family homes
Duplex and triplex units
Cluster homes, zero lot line, villas, patio homes, townhouses
Model units
Recreational facilities, parks, lakes and water management facilities
.
.
.
.
12
Agenda Item No. 8C
May 11 , 2004
Page 33 of 96
4,05
4.06
4.07
R-3
.
Cluster homes, zero lot line, villas, and patio homes
Townhouses
Garden apartments, low rise multi-family
Recreational facilities, parks, lake and water management facilities
.
.
.
PERMITTED ACCESSORY USES AND STRUCTURES
.
Accessory uses and structures customarily associated with uses permitted in this
district
Essential services and facilities
Guest homes in R -1 areas Qn lots one acre or larger in size
.
.
PERMITfED USES AND STRUCTURES REQUIRING DEVELOPMENT PLAN
APPROVAL UNDER SECTION 2.04
.
Religious facilities
Civic and cultural facilities
Educational facilities
Private Clubs
Child care centers - owner occupied
Rest homes, foster homes, rehabilitation center, hospices
Other non-residential uses customary in residential districts
.
.
.
.
.
.
DEVELOPMENT STANDARDS
The following Sections set forth the development standards for pet1J1itted uses within the
subject parcel.
a.
Standards for landscaping, signs, parking and other land uses not specified herein
are to be in accordance with Collier County Zoning Regulations in effect at the
time permits are requested. Unless otherwise indicated, setback, height, and floor
area standards apply to principal structures.
b,
Roadway setbacks shall be measured as follows:
1.
If the parcel is served by a public right-of-way, setback is measured from
the adjacent right-of-way line,
2.
If the parcel is served by a private road, setback is measured from the road
casement or parcel line.
13
Agenda Item No. 8C
May 11, 2004
Page 34 of 96
3.
If the multi-family parcel is served by a private drive, setback is measured
from the back of curb or edge of pavement, whichever is greater.
14
Agenda Item No, 8C
May 11 2004
Page 35 of 96
DEVELOPMENT STANDARDS
"R" Residential Areas
TABLE III A
Pennitted Uses R-l Villas, Single Low Rise
Standards Detached Patio & Family and Garden R-2
Clus£er Attached Apartments Detached
Homes Townhouse
Minimum Site
Area Y2-AC 3 ()()() SF 3 ()()() SF 6000 SF
x units
Site Width
Min. Avg. 120 60
Front Yard
Setback 30 20 20 25 25
Side yard
Setback 20 0 or 10 0 or 10 15 5.5
Rear Yard
Setback 25 15 25 30 20
Rear Yard
Setback Acsry, 0 0 0 0 5
Max, Building
Height 25 25 25 25 25
Dist. Between
Principal Str. NIA N/A ,5 * SBH .5 * SBH NIA
Floor Area
Minimum (S,F), 1200 750 900 750 1000
SITE DEPTH AVERAGE: Determined by dividing the site area by the site width~
SITE WIDTH: The average distance between straight lines connecting front and rear parcel
lines at each side of the site, measured as straight lines between the foremost points of the side
parcel lines in the front (at the point of intersection with the front parcel line) and the rearmost
point of the parcel lines at the rear (point of intersection with the rear parcel line).
SBH: (Sum of Building Height): Combined height of two adjacent buildings for the purpose of
determining setback requirements.
15
Agenda Item No. BC
May 11, 2004
Page 36 of 96
"--""""
"-----
DEVELOPMENT STANDARDS
"R" Residential Areas
TABLE III B
PERMITIED USES EDUc. CIVIC! RELIGIOUS PRIVATE OTHER
STANDARDS FACILITIES CULTURAL FACILmES CLUB USES
FACILmES NOT
LISTED
Minimum Site As determined during the Per County
Area process under Section 2.04, Regulations
in effect at the
Site Width As determined during the time a permit is
Min, A vg. process under Section 2.04. requested.
Site Depth As determined during the
Min, Avg, process under Section 2,04.
Front Yard 40 40 40 30
Setback
Side Yard 30 30 30 20
Setback
Lake Bank 20 20 20 20
Setback
Rear Yard 30 or BH 30 or BH 30 or BH 30
Setback
Rear yard 10 10 10 10
Setback Acsry.
Max Building 25 25 25 25
Height (Ft.)
Dist. Between .5SBH .5SBH .5 SBH .5SBH
Principal SIT.
Floor Area 1000 1000 1000 1000
Minimum (S.F.)
16
Agenda Item No. BC
May 11 , 2004
Page 37 of 96
5,01
5,02
-..----...
PURPOSE
SECTION V
CN - COMMERCIAL/NEIGHBORHOOD
The purpose of this Section is to set forth the regulations for the areas designated on
Thomas Lucido & Associates Ref. No. 9020, as 'CN'. The CN tract is intended to
provide residents with conveniently located commercial facilities and services that are
typically required on a regular basis.
PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land or water
used, in whole or in part, for other than the following:
A,
Permitted Principal Uses and Structures
1)
Antique shops; appliance stores; art studios; art supplies; automobile parts
stores; automobile service stations, without major repair; agricultural
supply stores.
2)
Bakery shops; banks and financial institutions; barber and beauty shops;
bath supply stores; blue print shops; bicycle sales and services; book
stores.
3)
Carpet and floor covering sales (including storage and installation); child
care centers; churches and other places of worship; clothing stores;
confectionery and candy stores; convenience commercial establishments.
4)
Delicatessen; drug stores; dry cleaning shops; dry good store:;.
5)
Electrical supply stores.
6)
Fish stores; florist shops; food markets; furniture stores; fuITier shops and
fast food restaurants.
7)
Gift shops; gourmet shops;
8)
Hardware stores; health food stores; hobby supply stores; homes for the
aged; hospices.
9)
Ice cream stores; ice sales; interior decorating showrooms.
10)
Jewelry stores,
17
Agenda Item No. 8C
May 11, 2004
Page 38 of 96
"--.--
11 )
12)
B)
Laundries - self - service; leather goods and luggage stores; locksmiths
and liquor stores.
Meat market; medical office or clinic for human care; millinery shops;
motel, hotel and transient lodging; music stores.
13)
Office (retail or professional); office supply stores.
14)
Park and ride, paint and wallpaper stores; pet shops; pet supply stores;
photographic equipment stores; post office.
15)
Radio and television sales and services; excluding satellite dishes and
antennas; restaurants, including fast foods; small appliance stores; shoe
sales and repairs; restaurants,
16)
Souvenir stores; stationery stores; supermarkets and sanatoriums.
17)
Tailor shops; tobacco shops; toy shops; tropical fish stores.
18)
Variety stores; veterinary offices and clinics (no outside kenneling).
19)
Watch and precision instrument sales and repair,
20)
Water management facilities and essential services.
21)
Any other commercial w;c or professional service which is comparable in
nature with the foregoing uses and ",.-hich the administrator determines to
be compatible in the district.
21)
Any other use which is comparable in nature with ,the foregoing list of
permitted principal uses, as determined by the Board of Zoning Appeals
("BZA").
Permitted Accessory Uses and Structures
1)
Accessory uses and structures customarily associated with the uses
permitted in this district.
2)
Caretaker's residence.
18
Agenda Item No. 8C
May 11, 2004
Page 39 of 96
5.03
DEVELOPMENT STANDARDS
A)
Minimum Site Area: Aas approved under Section 2,04-,-
B)
Minimum Site Width: Aas approved under Section 2.04-'.
C)
Minimum Yard Requirements from parcel boundaries:
Abutting non-residential areas: Twenty-five (25) feet.
Abutting residential areas: Thirty-five (35) feet in which as appropriately
designed and landscaped buffer shall be provided, as determined under Section
2.04, and in which no parking shall be permitted.
D)
Distance between principal structures: None, or a minimum of five (5) feet with
unobstructed passage from front yard to rear yard.
E)
Maximum Height of Structures: Twenty-five (25) feet above the finished grade
of the site.
F)
Minimum Floor Area of Principal Structures: One thousand (1,000) square feet
per building on the ground floor.
G)
Minimum standards for signs, parking, lighting, and landscaping shall be in
conformance with applicable Collier County regulations in effect at the time
permits are sought.
H)
A maximum of sixty thousand square feet (60,000 sJ.) of leasable commercial
building floor area shall be permitted in the CN district, exclusive of motel use.
I)
No outside display or storage shall be permitted.
J)
Maximum density for motel, hotel, and transit lodging shall be 26 units per acre.
19
Agenda Item No. BC
May 11, 2004
Page 40 of 96
" """----"
6,01
6.02
6.03
SECfION VI
'GC' GOLF COURSE
GOLF COURSE DISTRICT
The Golf Course District is intended to provide for an I8-hole gold course within the
project.
PERM ITfED LOCATIONS
It is recognized that golf courses provide open space for an entire community and serve a
variety of functions including important water management functions. Therefore, the
Golf Course District shall be a floating use and may be located within the Agricultural or
Residential Districts, provided that the density of residential development shall not be
substantially effected,
PERMIlTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, constructed, reconstructed, or
structurally altered which is designed, an-anged, used or intended to be £OOd used or
occupied, or land or water used, in whole or in part, upon that portion of the subject
parcel designated as Golf Course District for one or more of the following uses:
A.
Permitted principal Uses and Structures
1)
Golf Course
2)
Racquetball, handball, tennis and other similar types of court(s).
3)
Recreation clubs, clubhouse(s), and facilities,. including the serving of
alcoholic beverages.
4)
Any other commercial use or service which is comparable in nature with
the foregoing uses and \vhich the administrator determines to be
compatible in the district.
4)
Any other use which is comparable in nature with the foregoing list of
permitted principal uses, as determined by the Board of Zoning Appeals
("BZA").
20
Agenda Item No. 8C
May 11 2004
Page 41 of 96
6.04
"---'---'
B,
Permitted Accessory Uses and Structures
1)
Pro-shop, practice driving range, golf learning centers, golf course
shelters, and other customary accessory uses of Golf Courses, Tennis
Clubs, or other recreational facilities.
2)
Non-commercial plant nursery,
3)
Maintenance shops and equipment storage.
4)
Accessory uses and structures customarily associated with the uses
permitted in this District.
5)
Snack bars,
6)
A maximum of two (2) residential units in conjunction with the operating
operation of the golf course.
7)
Small commercial establishments, including gift shops, golf and tennis
equipment sales, restaurants, cocktail lounges, and similar uses, intended
to serve patrons of the golf course(s) or tennis club(s) or other permitted
recreational facilities.
DEVELOPMENT REGULATIONS FOR GOLF COURSE DISTRICT
The purpose of this Section is to detail the development regulations for the Golf Course
District.
A.
Maximum Height: - 25'
B.
Overall site design shall be harmonious in terms of landscaping, locations of
structures, locations of access streets and parking areas, and location and
treatment of buffer areas.
c.
Buildings shall be set back a minimum of fifty (50) feet from abutting residential
neighborhoods and the setback area shall be landscaped. Tennis courts shall be
set back a minimum of five (5) feet from parcel boundaries.
D.
Lighting facilities shall be arranged in a manner which will protect roadways and
neighboring properties from direct glare,
21
Agenda Item No. BC
May 11 2004
Page 42 of 96
....--^-.-
""---'-"'~
6.05
SITE PLAN APPROVAL REQUIREMENTS
A.
A plan of the golf course shall be approved in accordance with Section 2.04 prior
to construction.
B.
Plans for all principal and all accessory uses shall be submitted to the
Administrator for approval in accordance with Section 2.04,
22
Agenda Item No. BC
May 11, 2004
Page 43 of 96
7,01
7,02
7,03
SECTION VII
COMMUNITY USE
PURPOSE
The purpose of this Section is to set forth the regulations for the areas designated on the
Master Plan, Thomas Lucido & Associates Ref. No. 9020, as CU, Community Use.
The site includes 55 acres, has been dedicated to Collier County and may be used for the
purposes set forth below and shall satisfy the Collier County Comprehensive Plan's park
site dedication requirements for this project. An additional 31 acres shall be used for CU
by Collier County for the expansion of the Collier County Fair Grounds,
PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land or water
used, in whole or in part, for other than the following:
.
Parks and playgrounds
Bicycle, hiking and nature trails
Recreational shelters and restrooms
Recreational fields, sports facilities and courts
Community centers
Restaurant or snack bar in conjunction with recreational activities
Water management facilities and essential services
Collier County Fair Grounds
State of Florida Forestry Department facilities
Fire State Site
Any other recreational, athletic, or open space acti'lÌty or use which is comparable in
nature with the foregoing uses and '.vhich the' Administrator determines to be
compatible with the intent of this district
Other governmental facilities
Park and ride facilities
Any other use which is comparable in nature with the foregoing list of permitted
principal uses, as determined by the Board of Zoning Appeals ("BZA").
.
.
.
.
.
.
.
.
.
.
.
.
.
DEVELOPMENT STANDARDS
A.
B.
C.
0,
E.
Minimum site area: None
Minimum setback from tract boundaries: 50'
Minimum setback from road right-of-way: 25'
Maximum height of structures: 25' (except fire observation tower)
Minimum distance between buildings: Y2 the sum of their heights
23
Agenda Item No. BC
May 11 , 2004
Page 44 of 96
------ -.----
F.
Minimum standards for parking, lighting, signs, and landscaping shall conform
with applicable Collier County regulations in effect at the time pennits are sought.
24
Agenda Item No, 8C
May 11, 2004
Page 45 of 96
8.01
8.02
8.03
'-'"'
SECTION VIII
'SP' SCHOOUP ARK
PURPOSE
The purpose of this Section is to set forth the regulations for the areas designated on the
Master Plan, Thomas Lucido & Associates Ref. No, 9020, 'SP' Schl)OlfPark.
The SP site includes 25 acres reserved for use as a school site and associated park
facilities,
This site shall be dedicated to the Collier county Public School District at the
convenience to the developer, or when requested by the School District, whichever
occurs íÏrst. The site shall be provided with potable water and sanitary sewer service in
conformance with this documents and all applicable standards and requirements.
An additional 11 acres is reserved for use as a community recreational park as shown on
the Master Plan,
PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land or water
used, in whole or in part, for other than the following:
1)
2)
3)
4)
5)
6)
7)
Elementary or middle school and facilities
Parks and playgrounds
Bicycle, hiking and nature trails
Recreational shelters and restrooms
Recreational fields, sports facilities and courts
Water management facilities and essential services
¡"-flY other educational, athletic, or open space activity or use which is comparable
in nature with the foregoing uses and which the Zoning Director determines to be
compatible with the intent of this district.
Any other use which is comparable in nature with the foregoing list of permitted
principal uses as determined by the Board of Zoning Appeals ("BZA").
7)
DEVELOPMENT STANDARDS
1)
2)
3)
Minimum Site Area: As approved under Section 2.04
Minimum Site Width: As approved under Section 2.04
Minimum Yard Requirements:
30' from all 'SP' tract boundaries for principal structures
20' from lake banks
25
Agenda Item No. BC
May 11 2004
Page 46 of 96
4)
5)
Maximum Height: 25'
Minimum Floor Area of Principal Structures: One thousand (1000) square feet
per building on the first habitable floor.
Distance Between Principal Structures: Y2 the sum of the building heights or 30',
whichever is greater. Minimum standards for signs, parking, lighting, and
landscaping shall be in conformance with applicable Collier County regulations in
effect at the time permits are sought.
Lighting facilities shall be ammged in a manner which will protect roadways and
neighboring properties from direct glare or other interference.
Prior to development, a development plan for the tract shall be approved in
accordance with Section 2.04.
6)
7)
8)
26
Agenda Item No. 8C
May 11, 2004
Page 47 of 96
9.01
9.02
PURPOSE
SECTION IX
GENERAL DEVELOPMENT COMMITMENT~
The purpose of this Section is to set forth the general development commitments for the
project.
DEVELOPMENT COMMITMENTS
A,
ENERGY
1)
Construction shall comply with applicable local and state energy codes.
2)
Reasonable "good faith" efforts to utilize state-of-the-art energy
conservation techniques shall be made with practically and economically
feasible. Such techniques may include, but shall not be limited to the
following:
a,
Provision of bicycle racks and/or storage facilities in office and
commercial areas and in multi-family residential areas.
b.
Cooperation in the locating of bus stops, shelters and other
passenger and system accommodations when a transit system is
developed to serve the project area.
c.
Use of energy-efficient features in window design (e,g., shading
and tinting).
d.
Use of operable windows and ceiling fans.
e.
Installation of energy-efficient appliances and equipment.
f.
Reduced coverage by asphalt, concrete, rock and similar
substances in streets, parking lots and other areas to reduce local
air temperatures and reflected light and heat.
g.
Installation of energy-efficient lighting for streets, parking areas,
recreation areas and other interior and exterior public areas.
h.
Selection of native plants, trees and other vegetation and landscape
design features that reduce requirements for water, fertilizer,
maintenance and other needs,
27
Agenda Item No, 8C
May 11 J 2004
Page 48 of 96
'--,
B.
c.
1.
Planting or retention of native shade trees to provide reasonable
shade for all recreation areas, streets and parking areas.
J.
Placement of trees to provide needed shade in the warmer months
while not overly reducing the benefits of sunlight in the cooler
months,
k.
Planting or retention of native shade trees for each residential unit.
1.
Orientation of structures, as possible, to reduce solar heat gain by
walls and to utilize natural cooling effects of the wind.
m.
Provision for structural shading (e.g" trellises, awnings and roof
overhangs) wherever practical when natural shading cannot be
used effectively.
n,
Inclusion of porch/patio areas in residential units.
3)
Deed restrictions and other mechanisms shall not prohibit or prevent the
use of alternative energy devices such as solar collectors (except when
necessary to protect the public health, safety and welfare).
AIR QUALITY
1)
The developer shall comply with applicable codes and apply for required
permits relative to air quality, where such permits are required.
TRANSPORTATION
1)
Orangetree Associates, or its successors or assignees, shall commit to the
payment of road impact fees, in accordance with the proyisions of
Ordinance 85 55, at such time as building permits are requested.
1)
Road impact fees shall be paid in accordance with Collier County
Ordinance 01-13, or Division 3,15 of the Land Development Code, as
amended.
2)
The developer shall provide separate left and right turn lanes on
Immokalee Road as the project's access if deemed necessary by -the
County Engineer either the Transportation Operations Director or
Transportation Engineer, and shall make a fair share contribution toward
the capital cost of a traffic signal at the intersection of CR 8"16 and CR 858
28
Agenda Item No. 8C
May 11 2004
Page 49 of 96
D.
E.
when deemed warranted by the County Engineer shall fund one hundred
percent of the capital cost of any traffic signals associated with the ingress
and egress when deemed warranted by the County Traffic Operations
Engineer.. The signal shall be owned, operated and maintained by Collier
County.
3)
The developer shall bear the entire cost of all traffic signals which may
become needed at intersections within the project.
WATER MANAGEMENT
1)
A master/conceptual water management system design shall be submitted
to and approved by the Water Management Advisory Board prior to the
submittal of construction plans to the County Engineer,
2)
Detailed water management construction plans shall be submitted for
approval to the County Engineering Department prior to commencement
of construction.
3)
Surface Water Management Permits shall be obtained from the South
Florida Water Management District prior to the commencement of
development.
4)
The water management for the Orangetree project shall implement water
quality "best management practices" to the extent possible.
5)
An Excavation Permit will be required for the proposed lakes in
accordance with Collier County Ordinance No, 80-26, as amended by
Ordinance No. 83-3, and as may be amended in the future.
6)
Reservoirsllakes wholly located in agriculturally designated land may vary
from typical construction specifications of County Ordinance No. 88-26 as
approved by the Board of County Commissioners through the excavation
permit process. If the use of the land surrounding the agricultural
reservoirsllakes is ever changed to a use other than agriculture, all areas of
the reservoirsllakes will be required to meet standards specified in the
County Excavation Ordinance in effect at that time.
WATER AND SEWER
1)
Water Facilities - Developer shall provide an on-site potable water source
and shall construct an on-site potable water treatment plant and
distribution system. The system shall be designed and constructed, by
phases if desired, to serve all developed portions (agricultural areas
29
Agenda Item No. BC
May 11 2004
Page 50 of 96
excluded) of the project; including flows adequate to provide fIre
protection, All components shall be designed and constructed in
accordance with applicable Collier County and State of Florida
requirements.
2)
Sewer Facilities - Developer shall construct an on-site sewage treatment
plant and sewage collection and transmission system to serve all
developed portions, Treatment plant shall provide treatment levels,
pursuant to Chapter l7-6.040(q), Florida Administrative Code, required to
allow use of treated effluent in the proposed on-site drip inigation system.
All components shall be designed and constructed in accordance with
applicable Collier County and State of Florida requirements.
During the time that the Developer operates the sewage treatment plant,
data required pursuant to County Ordinance No. 80-112 showing the
availability of sewage service will be submitted for approval by the
Utilities Dtlivision prior to approval of the construction documents for the
project and for all building pennits required. Copies of the approved DER
pennits for the sewage collection and transmission systems and the on-site
wastewater treatment facility shall be submitted upon receipt to the
Utilities Division,
3)
Plans Approval - All construction plans and technical specifications and
proposed plats plans, if applicable, for the proposed water distribution and
sewage collection and transmission facilities must be reviewed and
approved by the !lutilities Division prior to commencement of
construction. Detailed hydraulic design reports covering the complete
water and sewer systems to serve the project will be submitted with the
construction documents for the project. These reports shall list all design
assumptions, demand rates and qther factors pertinent to the systems under
consideration.
Prior to approval of construction documents by the Utilities Division, the
Developer will present verification, pursuant to Chapter 367, Florida
Statutes, that the Florida Public Service Commission has granted territorial
rights to the Developer to provide sewer and/or water service to the project
until the County can provide these services through its water and sewer
facilities,
Upon completion of construction the water and sewer facilities will be
tested to insure they meet Collier County's minimum requirements, a
comprehensive inspection of the facilities made by the Utilities Division
and record drawings of the facilities filed with the Utilities Division.
30
Agenda Item No. 8C
May 11 2004
Page 51 of 96
Any utility entity established to serve or serving the project shall also be
bound by these General Development Obligations concerning the
provision of water and sewer related utilities to the project.
4)
Facilities Ownership and Conveyance - It is understood by Developer that
Collier County may, at some future time, desire to serve the project water
and sewer services. To that end, Developer freely and voluntarily agrees
to convey at no cost all water and sewer treatment plants and
distribution/collection and transmission system components to Collier
County. Notwithstanding anything herein to the contrary, the County in
turn will agree not to make formal request to serve the project with water
or sewer related services until on or after January l, 2001. In that regard,
Developer and any interim utility established to serve the Project shall
enter into a specific agreement with and acceptable to County which
outlines the procedures, covenants, obligations and responsibilities arising
from these General Development Obligations concerning the provision of
water and sewer related utilities to the project.
Once the water/sewer systems have been conveyed to Collier County, any
required expansions to the on-site water treatment plant or sewage
treatment plant shall be the responsibility of Collier County and shall be
accomplished as required to meet project demand, at the expense of
Collier County. All required expansions of the water distribution/sewage
collection systems shall be the responsibility of the Developer, and shall
be designed and constructed to Collier County and State of Florida
requirements. On completion of construction, the facilities will be tested
to insure they meet Collier County's minimum requirements, at which time
they will be conveyed or transferred to the County, when required by the
Utilities Division, pursuant to appropriate County Oerdinances and
Regulations in effect at the time of conveyance or transfer is requested,
prior to being placed into service.
5)
Rights-of-wayÆasements - All components of the water and sewer
systems that may be conveyed to Collier County including treatment
plants, shall be constructed within public rights-of-way or on lands owned
or controlled by Developer for which Developer can provide utility
easements to Collier County. All water and sewer facilities constructed on
private property and not required by the County to be located within utility
easements shall be perpetually owned, operated and maintained by the
Developer, his assigns or successors. At the time of system conveyance
Developer shall provide all required easements,
At such time as Collier County discontinues operation of the on-site water
or sewer plants, the plant site shall be conveyed back to the developer by
31
Agenda Item No. 8C
May 11, 2004
Page 52 of 96
applicable statutory deed and site utility easements shall be vacated,
except that an easement shall be reserved for any connecting facilities
required, pursuant to paragraph 6).
6)
Connection to county Water and/or Sewer Facilities - All construction
plans and technical specifications re1ated to connections to the County's
off-site water and/or sewer facilities will be submitted to the Utilities
Division for review and approval prior to commencement of construction.
Upon connection to the County's off-site water facilities, and/or sewer
facilities, the Developer, his assigns or successors shall abandon,
dismantle and remove from the site the interim water and/or sewage
treatment facility and discontinue use of the water supply source, if
applicable, in a manner consistent with State of Florida standards. All
work related with this activity shall be performed at no cost to the County.
Connection to the County's off-site water and/or sewer facilities will be
made by the Developer, their assigns or successors at no cost to the
County within 120 days after such facilities become available at the
project site. The cost of connection shall include, but not be limited to, all
engineering design and preparation of construction documents, permitting,
modification or refitting of sewage pumping facilities, interconnection
with County off-site facilities, water and/or sewer lines necessary to make
the connection(s).
7)
Customers - All customers connectiooD.g to the water distribution and
sewage collection facilities will be customers of the developer or the
interim utility established to serve the project until Collier County makes
formal request for dedication of the water and sewer systems. At that
time, the customers served, on an interim basis by the utility system
constructed by the Developer shall become customers of the County.
Prior to connection of the project to the County's off-site water and/or
sewer facilities, or the County assuming operation and maintenance
responsibility for the water and/or sewer systems the Developer~ and/or his
assigns, or successors shall turn over to the Ü,ounty a complete list of the
customers served by the interim utilities system and shall not compete
with the County for the service of those customers.
The Developer shall also provide the County with a detailed inventory of
the facilities served within the project and the entity which will be
responsible for the water and/or sewer service billing for the project.
8)
System Development Charges - During that period of time that the water
and sewer utility system is owned, operated and maintained by Developer,
32
Agenda Item No. BC
May 11, 2004
Page 53 of 96
F,
Developer may charge a system development charge to each connecting
customer in an amount as approved and allowed by the Rorida Public
Service Commission (PSC).
Developer agrees to pay all applicable system development charges or
impact fees at the time that building permits are required, pursuant to
County ordinances and regulations then in effect. As well, Developer
acknowledges that upon connection of the interim facility to the off-site
treatment and transmission facilities operated and maintained by the
County that all owners of existing properties characterized as new users
and subject to the imposition of either a water or sewer impact fee will be
required to pay system development charges or impact fees for such new
use. On the other hand, buildings, structures, or improvements, either
existing or which have been issued a building permit for which
construction is proceeding in good faith, shall not be required to pay a
water or sewer impact fee, whichever the case, if at the time the County
formally and of its own volition resolves to provide the Project with water
or sewer related services, the Board of Commissioners, in good faith,
expressly declares its intention to operate the water or sewer utility
treatment facilities as a part of its regional system, or as a stand alone
system without an intention to immediately dismantle and disconnect from
the existing on-site treatment facilities. Notwithstanding the provisions of
this subparagraph 8 a subsequent ordinance of general application,
effective at the time of connection of the interim facility to the off-site
treatment and transmission facilities operated and maintained by the
County which has contrary or differing provisions relative to the
imposition of water and/or sewer system development charges or impact
fees, shall be construed as superseding the applicable provisions of this
subparagraph 8.
9)
Developer shall be allowed up to ten (10) temporary private wells and
individual sewage disposal systems as areas are developed prior to
construction or expansion of the central systems. All such temporary
facilities shall comply with applicable state and county regulations and
shall acquire required permits,
ENVIRONMENTAL
1)
A site clearing plan shall be submitted to the Natural ResoW'ce
Management Department and the Comnmnity Development
Environmental Services Department Staff for its tl1eiF review and approval
prior to any substantial work on the site, This plan may be submitted in
phases to coincide with the development schedule. The site clearing plan
shall clearly depict how the final site layout incorporates retained native
33
Agenda Item No. BC
May 11, 2004
Page 54 of 96
--.-...
2)
G.
vegetation to the maximum extent possible and how 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 et to the Natmal Resource Management Depar.ment and the
Community De'lelopment Environmental Services Department Staff for
its tßeff review and approval. This plan will depict the incorporation of
native species and their mix with other species, if any. The goal of site
landscaping shall be the re-creation of native vegetation and habitat
characteristics lost on the site during construction or due to past activities.
3)
All exotic plants, as defined in the County Code, shall be removed during
each phase of construction from development areas, open space areas, and
preserve areas. Following site development, a maintenance program shall
be implemented to prevent reinvasion of the site by such exotic species.
This plan, which will describe control techniques and inspection intervals,
shall be filed with and approved by the Natural Resource Management
Depar.ment and the Community Development Environmental Services
Department Staff.
4)
If, during the course of site clearing, excavation, or other constructional
activities, an archaeological or historical site, artifact, or other indicator is
discovered, all development at that location shall be immediately stopped
and the Natural Resource Management Department and the Community
Development Environmental Services Department Staff notified.
Development will be suspended for a sufficient length of time to enable
the Natmal Resource Management Department and the Community
Development Environmental Services Department Staff or !! designated
consultant to assess the find and determine the proper course of action in
regard to its salvageability. Natural Resource Management Department
and the Community Development Environmental Services De?artment
Staff will respond to any such notification in a timely and efficient manner
so as to provide only a minimal interruption to any constructional
activities,
EDUCATION
1)
The project shall fully mitigate its fiscal impacts by donating a 25 acre
parcel to the Collier County Public School District to be utilized as a
school site.
34
Agenda Item No. BC
May 11 , 2004
Page 55 of 96
9.03
9.04
2)
Future development of the educational facilities within this PUD Zoning
District shall be subject to the two Interlocal Agreements between the
Board of County Commissioners of Collier County, Florida and the
Collier County School Board to establish educational plant and ancillary
plant site development review processes.
H.
FIRE PROTECfION
1)
The developer commits to providing a central water system to all
residential and commercial facilities which is capable of providing fITe
flow capacities as required by Collier County.
2)
Building heights shall be limited to twenty-five (25) feet for all habitable
structures in accordance with Corkscrew Fire District's equipment
capabilities,
I.
FISCAL
The developer has agreed to dedicate a school site to the School Board, and to
donate fifty-five (55) acres to the County for public use purposes, including the
Collier County Fairgrounds. The Developer has also donated $25,000 to the
Corkscrew Fire District for equipment on August 3, 1987. These donations shall
mitigate the projects project's fiscal impacts.
DEVELOPMENT PLAN
A.
The Master Plan, Thomas Lucido & Associates Ref, No. 9020, is an illustrative
preliminary development plan.
B.
The design criteria and layout iJ)ustrated in the Master Plan shall be understood as
flexible so that the final design may best satisfy the project and comply with all
applicable requirements,
C.
Minor design changes shall be permitted subject to County staff administrative
approva1.
AMENDMENT
Amendmen~ of this zoning and development PUD dDocument, or of the Master Land
Use Plan, shall be accomplished according to the procedure~ set forth by Collier County
for amendment~ to a PQlanned Y!!nit ~.Qevclopment.
35
Agenda Item No. BC
May 11, 2004
Page 56 of 96
ZONING AND DEVELOPMENT DOCUMENT
for
AMNON GOLAN, TRUSTEE
ORANGETREE ASSOCIATES
ORANGETREE
First Amendment
Prepared by:
WILSON, MILLER, L~c.
Engineers, Planners and Land Surveyors
3200 Bailey Lane at Airport Road
Naples, Florida 33942
POD Amendment Application
November 22, 1989
Revised February 27, 1991
Rcvised May 13, 1991
Revised , 2003
Original Z & DO Approval~ December to, 1985
Ordinance Number: 87-13
Approved by CCPC: December 20, 1990
Approved by BCe: June, 1991
Ordinance Number: 91-43
Exhibit "A"
Agenda Item No, BC
May 11 , 2004
Page 57 of 96
SECTION I
SECTION II
SECTION III
SECTION IV
SECTION V
SECTION VI
SECTION VII
SECTION VIII
SECTION IX
"-
INDEX
PAGE
Index
2
List of Exhibits and Tables
3
Property Description
4
Project Development
5
Agricultural Development
10
Residential Development
12
Cornmercial/Neigh borh ood
17
Golf Course
20
Community Use
22
SchoollPark
23
General Development Commitments
25
2
Agenda Item No. 8C
May 11, 2004
Page 58 of 96
--"----" "---
EXHIBIT A
TABLE I
TABLE II
TABLE III
LIST OF EXHIBITS AND TABLES
Master Plan
(Prepared by Thomas Lucido & Associates Ref. No, 9020)
Land Use Summary
Estimated Market Absorption Schedule
Development Standards
3
Agenda Item No. 8C
May 11, 2004
Page 59 of 96
1.01
1.02
------
SECTION I
PROPERTY DESCRIPTION AND OWNERSHIP
INTRODUCTION, LOCATION, AND PURPOSE
It is the intent of Amnon Golan, Trustee, Orangetree Associates, (hereinafter called
"applicant or developer") to establish a Development on approximately 2,752,8 acres of
property located in Collier County, Florida. The subject property is described as "North
Golden Gate" on Collier County maps and is bounded on the west by Immokalee Road
(CR 846), on the south by Randall Boulevard and is bounded on the north and east by
drainage ways. Oil Well Road (CR 858) runs through the site in an east-west direction.
LEGAL DESCRIPTION
Legal Description:
This parcel contains approximately 2,752,8 acres and is platted as North Golden Gate and
recorded in the Public Records of Collier County, Florida as follows:
Unit 1 Plat Book 9 Pages 12-28
Unit 2 Plat Book 9 Pages 3943
Unit 3 Plat Book 9 Pages 125-142
Unit 4 Plat Book 9 Pages 53-64
Unit 5 Plat Book 9 Pages 65-72
Unit 6 Plat Book 9 Pages 74-78
Unit 7 Plat Book 9 Pages 85-97
4
Agenda Item No, BC
May 11 , 2004
Page 60 of 96
-,---,.
2.01
2.02
2.03
2.04
SECTION II
PROJECT DEVELOPMENT
PURPOSE
The purpose of this Section is to generally describe the plan of the development and
delineate the general conditions that will apply to the project.
GENERAL PLAN OF DEVELOPMENT
The subject parcel is designed as a mixture of agriculture, residential uses, commercial
and community oriented facilities, and recreational elements,
COMPLIANCE WITH APPLICABLE ORDINANCES
The project is intended to be in substantial compliance with the applicable Collier County
Zoning and Subdivision regulations as well as other Collier County development codes in
effect at the time permits and/or plats are requested.
SUBDIVISION MASTER PLA1~ AND SITE DEVELOPMENT PLAN APPROV AL
The review and approval of subdivision master plans and construction plans shall follow
the design and development standards and review procedures regulating subdivisions of
the Comer County Ordinances in effect at the time of development. The developer
reserves the right to request exceptions and modifications to the standards set forth in
applicable regulations.
For site development plan approval, the provisions of Section 10.5 of the Zoning
Ordinance shall apply to the development of platted tracts or parcels of land as provided
in Section 10.5 prior to the issuancè of a building permit or other development order.
2.05
LAND USES
Table I is a schedule of the intended land use types, with approximate acreages and total
dwelling units indicated. The arrangement of these land use types is shown on the Master
Plan, Thomas Lucido & Associates Ref. No. 9020. Changes and variations in design and
acreages shall be permitted at final design to accommodate topography, vegetation, and
other site conditions. The specific location and size of individual tracts and the
assignment of dwelling units thereto shall be submitted to the Administrator for approval
or denial, as described in Section 2.04 of this document.
5
Agenda Item No, 8C
May 11 , 2004
Page 61 of 96
2.08
2.09
2,10
" -.."-------
"-----
2.06
PROJECT DENSITY
The total acreage of the subject property is approximately 2,752.8 acres. The maximum
number of dwelling units to be built on the total acreage is 2,100. The number of
dwelling units per gross acre is approximately 0.76, The density on individual parcels of
land throughout the project may vary according to the type of housing placed on each
parcel of land but shall comply with guidelines established in this document.
2.07
PERMlITED V ARIA nONS OF DWELLING UNITS
All properties designated for residential uses may be developed at the maximum number
of dwelling units as assigned under Section 2,04, provided that the total number of
dwelling units shall not exceed 2,100. The Administrator shall be notified in accordance
with Section 2.04 of such an increase and the resulting reduction in the coITesponding
residential land use types or other categories so that the total number of dwelling units
shall not exceed 2,100,
The maximum number of dwelling units by type as shown in Table I shall not vary by
more than twenty (20) percent in each category. The maximum number of dwelling units
shall include all caretaker's units but does not include the designated hotel rooms.
DEVELOPMENT SEQUENCE AND SCHEDULE
The applicant has not set "stages" for the development of the property but the property is
to be developed over an estimated 15 year-time period. Any projection of project
development can be no more than an estimate based on CUITent marketing knowledge.
The estimate may, of course, change depending upon future economic factors. Table II
indicates, by phase, the estimated absorption of units for the estimated IS-year
development period.
RESER V A nON OF NA ruRAL VEGETATION AND TREE REMOVAL
Clearing, grading, earthwork, and site drainage work shall be perfonned in accordance
with the Development Standards outlined in this document.
EASEMENTS FOR UTILITIES
Easements shall be provided for water management areas, utilities and other purposes as
may be needed. Said easements and improvements shall be in substantial compliance
with the Collier County Subdivision Regulations in effect at the time a permit is
requested or required.
6
Agenda Item No. BC
May 11 , 2004
Page 62 of 96
2,11
2.12
All necessary easements, dedications, or other instruments shall be granted to insure the
continued operation and maintenance of all service utilities in substantial compliance
with applicable regulations in effect at the time approvals are requested.
EXCEPTIONS TO THE COLLIER COUNTY SUBDIVISION REGULATIONS
Exceptions to the Subdivision Regulations shall be requested at the time of Subdivision
Master Plan review and approval.
LAKE SITING
As depicted on the Master Plan, Thomas Lucido & Associates Ref. No. 9020, lakes and
natural retention areas have been sited adjacent to existing and planned roadways. The
goals of this are to achieve an overall aesthetic character for the project, to permit
optimum use of the land, and to increase the efficiency of the water management
network, Accordingly, the setback requirements described in Ordinance 80-26, Section
8A, may be reduced with the approval of the County Engineer. Fill material from lakes is
planned to be utilized within the project, however excess fill material may be utilized off-
site, subject to the provisions of the excavation ordinance in effect at the time pennits are
sought.
2,13
ROADS
Collector roads will be public roads. Local roads within the development may be either
public or private roads, depending on location, capacity, and design.
7
Agenda Item No. 8C
May 11, 2004
Page 63 of 96
CU
U
SP
CN
RW
LAKE
LAND USE SUMMARY
TABLE I
SYMBOL
DESCRIPTION UNITS
Agriculture *2
Golf Course *2
Residential 143
Residential 1797
Residential 160
APPROXUMATEACREAGE
AG
1098*1
GC
200*3
R-l
110
R-2
586
R-3
30
Community Use
86
Utility
15
SchooVPark
36
Neighborhood (Max. 60,000
Commercial S.P. plus motel units)
22
Right-of-Way
149.8
Total 2,100
420
2,752,8*4
NOTE:The projected total unit summary represents one possible residential mix to yield 2,100
units. Should there be an. increase of units in any residential category, there would be a
corresponding decrease in other categories to maintain a maximum total of 2,100 units.
R-l
R-2
R-3
*1
*2
*3
*4
One-half acre lots - single family.
Detached and attached single family, duplex and triplex, cluster homes, zero lot line,
villas, patio homes, townhouses.
Cluster homes, zero lot line villas, patio homes, townhouses, garden apartments (2-story
max.)
Includes agricultural reservoirs.
Approved breakdown of agriculture and golf course lands.
Includes golf course related lakes,
Based on actual survey of acreage.
8
Agenda Item No. BC
May 11, 2004
Page 64 of 96
----.--,.,.
ESTIMATED MARKET ABSORPTION SCHEDULE
TABLE II
YEAR DWELLING UNIT CUMULATIVE
PRODUCTION TOTAL
1 0 0
2 70 70
3 100 170
4 140 310
5 160 470
6 160 630
7 160 790
8 165 955
9 165 1,120
10 165 1,285
11 165 1,450
12 165 1,615
13 165 1,780
14 160 1,940
15 160 2,100
9
Agenda Item No. 8C
May 11 , 2004
Page 65 of 96
3.01
3.02
3.03
SECTION III
AGRICULTURAL DEVELOPMENT
PURPOSE
The purpose of this Section is to set forth the regulations for the areas designated on the
PUD Master Plan, Thomas Lucido & Associates Ref. No. 9020 as AG.
GENERAL DESCRIPTION
The AG District is intended to apply to those areas, the present or prospective use of
which is agricultural, pastoral or rural in nature. This district is designed to accommodate
both traditional agricultural uses and techniques, and conservation measures where
appropriate, and public educational plants and ancillary plants, while protecting the rural
areas of the County. The regulations in this district are intended to permit a reasonable
use of the property, while at the same time prevent the creation of conditions which
would seriously endanger, damage, or destroy the agricultural base of the County, or
environmental resources, potable water supply, or the wildlife resources of the County.
To this end, the use of drip-inigation techniques or any other low volume irrigation, like
microjet, shall be implemented for agricultural uses (golf course excepted) in this district.
PERMITfED USES AND STRUCTURE
A.
Permitted Principal Uses and Structures:
1)
Agricultural activities, such as field crops, reservoirs/lakes, orchards,
horticulture, fruit and nut production.
2)
Educational plants and ancillary plants.
a. "Educational Plant" comprises the educational facilities, site and site
improvements necessary to accommodate students, facility,
administrators, staff, and the activities of the educational program of each
plant that is operated by the Collier County School Board.
b, "Ancillary Plant" is comprised of the building, site and site
improvements necessary to provide such facilities as vehicle maintenance,
warehouses, maintenance, or administrative buildings necessary to provide
support services to an educational program operated by the Collier County
School Board.
B.
Permitted Accessory Uses and Structures:
1)
Accessory uses and structures which are incidental to and customarily
associated with uses permitted in the district.
10
Agenda Item No. 8C
May 11, 2004
Page 66 of 96
--...
2)
On-site retail sales of farm products primarily grown on the farm.
3)
Caretakers residences.
C.
Pennitted Uses Requiring Site Development Plan Approval:
1.
2,
Packing Houses
Public Educational plants and ancillary plants
D.
Development Standards for Educational Plants and Ancillary Plants:
1. In accordance with the Interlocal Agreement between the Board of County
Commissioners and the Collier County School Board adopted May 16, 2003,
including any amendments adopted thereto,
2. Building height shall be a maximum of forty-eight (48) feet for principal
structures and thirty-six (36) feet for accessory structures.
11
Agenda Item No. 8C
May 11, 2004
Page 67 of 96
4.01
4,02
4.03
4,04
SECTION IV
RESIDENTIAL DEVELOPMENT
PURPOSE
The purpose of this Section is to set forth general regulations for the areas designated on
the Master Plan Thomas Lucido & Associates Ref. No. 9020 as Residential (R-l to R-3).
MAXIMUM DWELLING UNITS
A maximum number of 2,100 dwelling units may be constructed on lands designated as
Residential (R-l to R-3) except as permitted by Section 2.07.
GENERAL DESCRIPTION
Areas designed as Residential (R-l to R-3) Thomas Lucido & Associates Ref. No. 9020
are designed to accommodate a full range of residential dwelling types, recreational
facilities, essential services, customary accessory uses, and compatible land uses such as
religious, governmental, and educational facilities provided such uses meet the
development standards as set forth in this document.
Four residential land use categories have been identified on the Master Plan. The R-l
designation includes approximately 110 aces and will accommodate single family
development on one-half acre lots. The R-2 designation includes approximately 586
acres and wi1l provide for both conventional detached and attached single family
development. The R-3 designation includes approximately 30 acres of low density
cluster and multi-family development.
PERMITTED PRINCIPAL USES AND STRUCTURES
R-l
.
Detached single family homes
Model units
Recreational facilities, parks, lakes and water management facilities
.
.
R-2
. Detached and attached single family homes
. Duplex and triplex units
. Cluster homes, zero lot line, vi1las, patio homes, townhouses
. Model units
. Recreational facilities, parks, lakes and water management facilities
12
Agenda Item No, 8C
May 11, 2004
Page 68 of 96
---_...
4.05
4,06
4.07
R-3
.
Cluster homes, zero lot line, villas, and patio homes
Townhouses
Garden apartments, low rise multi-family
Recreational facilities, parks, lake and water management facilities
.
.
.
PERMITTED ACCESSORY USES AND STRUCTURES
.
Accessory uses and structures customarily associated with uses permitted in this
district
Essential services and facilities
Guest homes in R-l areas on lots one acre or larger in size
.
.
PERMITTED USES AND STRUCTURES REQUIRING DEVELOPMENT PLAN
APPROV AL UNDER SECTION 2,04
.
Religious facilities
Civic and cultural facilities
Educational facilities
Private Clubs
Child care centers - owner occupied
Rest homes, foster homes, rehabilitation center, hospices
Other non-residential uses customary in residential districts
.
.
.
.
.
.
DEVELOPMENT STANDARDS
The following Sections set forth the development standards for permitted uses within the
subject parcel. .
a.
Standards for landscaping, signs, parking and other land uses not specified herein
are to be in accordance with Collier County Zoning Regulations in effect at the
time permits are requested. Unless otherwise indicated, setback, height, and floor
area standards apply to principal structures,
b,
Roadway setbacks shall be measured as follows:
1.
If the parcel is served by a public right-of-way, setback is measured from
the adjacent right-of-way line.
2.
If the parcel is served by a private road, setback is measured from the road
easement or parcel line.
13
Agenda Item No. BC
May 11, 2004
Page 69 of 96
3.
If the multi-family parcel is served by a private drive, setback is measured
from the back of curb or edge of pavement, whichever is greater,
14
Agenda Item No. BC
May 11, 2004
Page 70 of 96
"-'-"
.".,-----.-- "
DEVELOPMENT STANDARDS
"Rn Residential Areas
TABLE III A
Permitted Uses R-l Villas, Single Low Rise
Standards Detached Patio & Family and Garden R-2
Cluster Attached Apartments Detached
Homes Townhouse
Minimum Site
Area 1/2 - AC 3000 SF 3000 SF 6000 SF
x units
Site Width
Min, A vg. 120 60
Front Yard
Setback 30 20 20 25 25
Side yard
Setback 20 0 or 10 OorlO 15 5.5
Rear Yard
Setback 25 15 25 30 20
Rear Yard
Setback Acsry. 0 0 0 0 5
Max, Building
Height 25 25 25 25 25
Dist. Between
Principal Slr. N/A N/A ,5 SBH .5SBH N/A
Floor Area
Minimum (S.F), 1200 750 900 750 1000
SITE DEPTH AVERAGE: Determined by dividing the site area by the site width.
SITE WIDTH: The average distance between straight lines connecting front and rear parcel
lines at each side of the site, measured as straight lines between the foremost points of the side
parcel lines in the front (at the point of intersection with the front parcel line) and the rearmost
point of the parcel1ines at the rear (point of intersection with the rear parcel line).
SBH: (Sum of Building Height): Combined height of two adjacent buildings for the purpose of
determining setback requirements.
15
Agenda Item No. 8C
May 11, 2004
Page 71 of 96
DEVELOPMENT STANDARDS
"R" Residential Areas
TABLE III B
PERMITŒD USES EDUc. CIVIC! RELIGIOUS PRlV ATE OTHER
STANDARDS FACILITIES CULTURAL F ACILmES CLUB USES
FACILITIES NOT
LISTED
Minimum Site As determined during the Per County
Area process under Section 2.04. Regulations
in effect at the
Site Width As determined during the time a permit is
Min. A vg. process under Section 2.04, requested.
Site Depth As determined during the
Min. A vg. process under Section 2,04.
Front Yard 40 40 40 30
Setback
Side Yard 30 30 30 20
Setback
Lake Bank 20 20 20 20
Setback
Rear Yard 30 or BH 30 or BH 30 or BH 30
Setback
Rear yard 10 10 10 10
Setback Acsry.
Max Building 25 25 25 25
Height (Ft.)
Dist. Between .5SBH .5 SBH .5SBH .5SBH
Principal Str.
Floor Area 1000 1000 1000 1000
Minimum (S.P.)
16
Agenda Item No. BC
May 11, 2004
Page 72 of 96
5,01
5,02
PURPOSE
SECTION V
CN - COMMERCIALfNEIGHBORHOOD
The purpose of this Section is to set forth the regulations for the areas designated on
Thomas Lucido & Associates Ref. No, 9020, as 'CN'. The CN tract is intended to
provide residents with conveniently located commercial facilities and services that are
typically required on a regular basis.
PERMITTED USES AND STRUcruRES
No building or structure, or part thereof, shall be erected, altered or used, or land or water
used, in whole or in part, for other than the following:
A.
Permitted Principal Uses and Structures
1)
2)
Antique shops~ appliance stores~ art studios~ art supplies~ automobile parts
stores; automobile service stations, without major repair; agricultural
supply stores.
Bakery shops~ banks and financial institutions; barber and beauty shops~
bath supply stores; blue print shops; bicycle sales and services~ book
stores.
3)
Carpet and floor covering sales (including storage and installation)~ child
care centers; churches and other places of worship~ clothing stores~
confectionery and candy stores; convenience commercial establishments.
4)
Delicatessen~ drug stores; dry cleaning shops; dry good stores.
5)
Electrical supply stores.
6)
Fish stores; florist shops; food markets~ furniture stores~ furrier shops and
fast food restaurants,
7)
Gift shops~ gourmet shops;
8)
Hardware stores~ health food stores~ hobby supply stores~ homes for the
aged; hospices.
9)
Ice cream stores; ice sales; interior decorating showrooms.
10)
Jewelry stores,
17
Agenda Item No, 8C
May 11, 2004
Page 73 of 96
20)
21)
B)
11 )
Laundries - self - service; leather goods and luggage stores; locksmiths
and liquor stores.
12)
Meat market~ medical office or clinic for human care; millinery shops~
motel, hotel and transient lodging; music stores,
13)
Office (retail or professional); office supply stores.
14)
Park and ride, paint and wallpaper stores; pet shops; pet supply stores;
photographic equipment stores; post office.
15)
Radio and television sales and services; excluding satellite dishes and
antennas; restaurants, including fast foods; small appliance stores~ shoe
sales and repairs; restaurants.
16)
Souvenir stores; stationery stores; supermarkets and sanatoriums.
17)
Tailor shops; tobacco shops; toy shops; tropical fish stores.
18)
Variety stores; veterinary offices and clinics (no outside kenneling).
19)
Watch and precision instrument sales and repair.
Water management facilities and essential services.
Any other use which is comparable in nature with the foregoing list of
permitted principal uses, as determined by the Board of Zoning Appeals
("BZA").
Permitted Accessory Uses and Structures
1)
2)
Accessory uses and structures customarily associated with the uses
permitted in this district.
Caretaker's residence.
18
Agenda Item No, 8C
May 11, 2004
Page 74 of 96
5,03
DEVELOPMENT STANDARDS
A)
B)
C)
Minimum Site Area: As approved under Section 2.04.
Minimum Site Width: As approved under Section 2,04.
Minimum Yard Requirements from parcel boundaries:
Abutting non-residential areas: Twenty-five (25) feet.
Abutting residential areas: Thirty-five (35) feet in which as appropriately
designed and landscaped buffer shall be provided, as determined under Section
2,04, and in which no parking shall be permitted.
D)
Distance between principal structures: None, or a minimum of five (5) feet with
unobstructed passage from front yard to rear yard.
E)
Maximum Height of Structures: Twenty-five (25) feet above the finished grade
of the site,
F)
Minimum Floor Area of Principal Structures: One thousand (1,000) square feet
per building on the ground floor.
G)
Minimum standards for signs, parking, lighting, and landscaping shall be in
conformance with applicable Collier County regulations in effect at the time
permits are sought.
H)
A maximum of sixty thousand square feet (60,000 sJ.) of leasable commercial
building floor area shall be permitted in the CN district, exclusive of motel use.
I)
No outside display or storage shall be permitted.
J)
Maximum density for motel, hotel, and transit lodging shall be 26 units per acre.
19
Agenda Item No. 8C
May 11, 2004
Page 75 of 96
6.01
6.02
6.03
SECTION VI
'GC' GOLF COURSE
GOLF COURSE DISTRICT
The Golf Course District is intended to provide for an IS-hole gold course within the
project.
PERMITTED LOCATIONS
It is recognized that golf courses provide open space for an entire community and serve a
variety of functions including important water management functions. Therefore, the
Golf Course District shall be a floating use and may be located within the Agricultural or
Residential Districts, provided that the density of residential development shall not be
substantially affected.
PERMITfED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, constructed, reconstructed, or
structurally altered which is designed, arranged, used or intended to be used or occupied,
or land or water used, in whole or in part, upon that portion of the subject parcel
designated as Golf Course District for one or more of the following uses:
A.
Permitted principal Uses and Structures
1)
Golf Course
2)
Racquetball, handball, tennis and other similar types of court(s),
3).
Recreation clubs, clubhouse(s), and facilities, including the serving of
alcoholic beverages.
4)
Any other use which is comparable in nature with the foregoing list of
permitted principal uses, as determined by the Board of Zoning Appeals
("BZA").
B.
Permitted Accessory Uses and Structures
1)
Pro-shop, practice driving range, golf learning centers, golf course
shelters, and other customary accessory uses of Golf Courses. Tennis
Clubs, or other recreational facilities.
2)
Non-commercial plant nursery,
20
Agenda Item No. 8C
May 11 , 2004
Page 76 of 96
-"------
-------.-.-----
--..---..
6.04
3)
Maintenance shops and equipment storage,
4)
Accessory uses and structures customarily associated with the uses
permitted in this District.
5)
Snack bars.
6)
A maximum of two (2) residential units in conjunction with the operation
of the golf course.
7)
Small commercial establishments, including gift shops, golf and tennis
equipment sales, restaurants, cocktail lounges, and similar uses, intended
to serve patrons of the golf course(s) or tennis club(s) or other permitted
recreational facilities.
PEVELOPMENT REGULATIONS FOR GOLF COURSE DISTRICT
'The purpose of this Section is to detail the development regulations for the Golf Course
DistricL
6.05
A.
Maximum Height: - 25'
B.
Overall site design shall be harmonious in terms of landscaping, locations of
structures, locations of access streets and parking areas, and location and
treatment of buffer areas.
c.
Buildings shall be set back a minimum of fifty (50) feet from abutting residential
neighborhoods and the setback area shall be landscaped. Tennis courts shall be
set back a minimum of five (5) feet from parcel boundaries.
D.
Lighting facilities shall be arranged in a manner which will protect roadways and
neighboring properties from direct glare,
SITE PLAN APPROVAL REQUIREMENTS
A,
A plan of the golf course shall be approved in accordance with Section 2.04 prior
to construction,
B.
Plans for all principal and all accessory uses shall be submitted to the
Administrator for approval in accordance with Section 2,04.
21
Agenda Item No. 8C
May 11, 2004
Page 77 of 96
7,02
7,03
SECTION VII
COMMUNITY USE
7,01
PURPOSE
The purpose of this Section is to set forth the regulations for the areas designated on the
Master Plan, Thomas Lucido & Associates Rcf, No, 9020, as CU, Community Use.
The site includes 55 acres, has been dedicated to Collier County and may be used for the
purposes set forth below and shall satisfy the Collier County Comprehensive Plan's park
site dedication requirements for this project. An additional 31 acres shall be used for CU
by Collier County for the expansion of the Collier County Fair Grounds.
PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land or water
used, in whole or in part, for other than the following:
. Parks and playgrounds
. Bicycle, hiking and nature trails
. Recreational shelters and restrooms
. Recreational fields, sports facilities and courts
. Community centers
. Restaurant or snack bar in conjunction with recreational activities
. Water management facilities and essential services
. Collier County Fair Grounds
. State of Florida Forestry Department facilities
. Fire State Site
. Other governmental facilities
. 'Park and ride facilities
. Any other use which is comparable in nature with the foregoing list of permitted
principal uses, as determined by the Board of Zoning Appeals ("BZA").
DEVELOPMENT STANDARDS
A.
B.
C.
D.
E.
F.
Minimum site area: None
Minimum setback from tract boundaries: 50'
Minimum setback from road right-of-way: 25'
Maximum height of structures: 25' (except fIfe observation tower)
Minimum distance between buildings: Y2 the sum of their heights
Minimum standards for parking, lighting, signs, and landscaping shall conform to
applicable Collier County regulations in effect at the time permits are sought.
22
Agenda Item No. 8C
May 11, 2004
Page 78 of 96
-------...
8.01
8.02
PURPOSE
SECTION VIII
'SP' SCHOOUP ARK
The purpose of this Section is to set forth the regulations for the areas designated on the
Master Plan, Thomas Lucido & Associates Ref. No. 9020, 'SP' SchoolJPark.
The SP site includes 25 acres reserved for use as a school site and associated park
facilities.
This site shall be dedicated to the Collier county Public School District at the
convenience to the developer, or when requested by the School District. whichever
occurs Erst. The site shall be provided with potable water and sanitary sewer service in
conformance with this document and all applicable standards and requirements,
An additional 11 acres is reserved for use as a community recreational park as shown on
the Master Plan,
PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land or water
used, in whole or in part, for other than the following:
1)
2)
3)
4)
5)
6)
7) .
8.03
Elementary or middle school and facilities
Parks and playgrounds
Bicycle, hiking and nature trails
Recreational shelters and restrooms
Recreational Eelds, sports facilities and courts
Water management facilities and essential services
Any other use which is comparable in nature with the foregoing list of permitted
principal uses as determined by the Board of Zoning Appeals ("BZA").
DEVELOPMENT STANDARDS
1)
2)
3)
Minimum Site Area: As approved under Section 2.04
Minimum Site Width: As approved under Section 2.04
Minimum Yard Requirements:
30' from all 'SP' tract boundaries for principal structures
20' from lake banks
Maximum Height: 25'
Minimum Floor Area of Principal Structures: One thousand (1000) square feet
per building on the Erst habitable floor.
4)
5)
23
Agenda Item No. 8C
May 11, 2004
Page 79 of 96
......---.
6)
Distance Between Principal Structures: Yz the sum of the building heights or 30',
whichever is greater. Minimum standards for signs, parking, lighting, and
landscaping shall be in conformance with applicable Collier County regulations in
effect at the time permits are sought.
Lighting facilities shall be arranged in a manner which will protect roadways and
neighboring properties from direct glare or other interference,
Prior to development, a development plan for the tract shall be approved in
accordance with Section 2,04.
7)
8)
24
Agenda Item No, BC
May 11, 2004
Page 80 of 96
...-,-.,..
9.01
9.02
SECTION IX
GENERAL DEVELOPMENT COMMITMENTS
PURPOSE
The purpose of this Section is to set forth the general development commitments for the
project.
DEVELOPMENT COMMITMENTS
A.
ENERGY
1)
Construction shall comply with applicable local and state energy codes,
2)
Reasonable "good faith" efforts to utilize state-of-the-art energy
conservation techniques shall be made with practically and economically
feasible. Such techniques may include, but shall not be limited to the
following:
a.
Provision of bicycle racks and/or storage facilities in office and
commercial areas and in multi-family residential areas.
b,
Cooperation in the locating of bus stops, shelters and other
passenger and system accommodations when a transit system is
developed to serve the project area,
c.
Use of energy-efficient features in window design (e.g" shading
and tinting),
d.
Use of operable windows and ceiling fans,
e,
Installation of energy-efficient appliances and equipment.
f,
Reduced coverage by asphalt, concrete, rock and similar
substances in streets, parking lots and other areas to reduce local
air temperatures and reflected light and heat.
g.
Installation of energy-efficient lighting for streets, parking areas,
recreation areas and other interior and exterior public areas.
h,
Selection of native plants, trees and other vegetation and landscape
design features that reduce requirements for water, fertilizer,
maintenance and other needs,
25
Agenda Item No. 8C
May 11 , 2004
Page 81 of 96
-"-"""
B.
C.
1.
Planting or retention of native shade trees to provide reasonable
shade for all recreation areas, streets and parking areas.
j,
Placement of trees to provide needed shade in the wanner months
while not overly reducing the benefits of sunJight in the cooler
months.
Ie.
Planting or retention of native shade trees for each residential unit.
1.
Orientation of structures, as possible, to reduce solar heat gain by
walls and to utilize natural cooling effects of the wind.
m.
Provision for structural shading (e,g" trellises, awnings and roof
overhangs) wherever practical when natural shading cannot be
used effectively.
n.
Inclusion of porch/patio areas in residential units,
3)
Deed restrictions and other mechanisms shall not prohibit or prevent the
use of alternative energy devices such as solar collectors (except when
necessary to protect the public health, safety and welfare).
AIR QUALITY
1)
The developer shall comply with applicable codes and apply for required
permits relative to air quality, where such pennits are required.
TRANSPORTATION
1)
Road impact fees shall be paid in accordance with Collier County
Ordinance 01-13, as amended, and Division 3.15 of the Land
Development Code, as amended.
2)
The developer shall provide separate left and right turn lanes on
Irnmokalee Road as the project's access if deemed necessary by either the
transportation Operations Director or Transportation Engineer, and shall
fund one hundred percent of the capital cost of any traffic signals
associated with the ingress and egress when deemed warranted by the
County Traffic Operations Engineer. The signal shall be owned, operated
and maintained by Col1ier County.
26
Agenda Item No. 8C
May 11, 2004
Page 82 of 96
--""-."
D.
3)
The developer shall bear the entire cost of all traffic signals which may
become needed at intersections within the project.
WATER MANAGEMENT
E.
1)
A master/conceptual water management system design shall be submitted
to and approved by the Water Management Advisory Board prior to the
submittal of construction plans to the County Engineer.
2)
Detailed water management construction plans shall be submitted for
approval to the County Engineering Department prior to commencement
of construction.
3)
Surface Water Management Permits shall be obtained from the South
Florida Water Management District prior to the commencement of
development.
4)
The water management for the Orangetree project shall implement water
quality "best management practices" to the extent possible.
5)
An Excavation Permit will be required for the proposed lakes in
accordance with Collier County Ordinance No, 80-26, as amended by
Ordinance No. 83-3, and as may be amended in the future,
6)
Reservoirs/lakes wholly located in agriculturally designated land may vary
from typical construction specifications of County Ordinance No. 88-26 as
approved by the Board of County Commissioners through the excavation
permit process. If the use of the land surrounding the agricultural
reservoirs/lakes is ever changed to a use other than agriculture, all areas of
the reservoirsllakes will be required to meet standards specified in the
County Excavation Ordinance in effect at that time.
WATER AND SEWER
1)
Water Facilities - Developer shall provide an on-site potable water source
and shall construct an on-site potable water treatment plant and
distribution system. The system shall be designed and constructed, by
phases if desired, to serve all developed portions (agricultural areas
excluded) of the project~ including flows adequate to provide ftre
protection. All components shall be designed and constructed in
accordance with applicable Collier County and State of Florida
requirements,
27
Agenda Item No. 8C
May 11, 2004
Page 83 of 96
2)
Sewer Facilities - Developer shall construct an on-site sewage treatment
plant and sewage collection and transmission system to serve all
developed portions, Treatment plant shall provide treatment levels,
pursuant to Chapter l7-6.040(q), Florida Administrative Code, required to
allow use of treated effluent in the proposed on-site drip imgation system.
All components shall be designed and constructed in accordance with
applicable Collier County and State of Florida requirements,
During the time that the Developer operates the sewage treatment plant,
data required pursuant to County Ordinance No. 80-112 showing the
availability of sewage service will be submitted for approval by the
Utilities Division prior to approval of the construction documents for the
project and for all building permits required. Copies of the approved DER
permits for the sewage collection and transmission systems and the on-site
wastewater treatment facility shall be submitted upon receipt to the
Utilities Division.
3)
Plans Approval - All construction plans and technical specifications and
proposed plans, if applicable, for the proposed water distribution and
sewage collection and transmission facilities must be reviewed and
approved by the Utilities Division prior to commencement of construction,
Detailed hydraulic design reports covering the complete water and sewer
systems to serve the project will be submitted with the construction
documents for the project. These reports shall list all design assumptions,
demand rates and other factors pertinent to the systems under
consideration.
Prior to approval of construction documents by the Utilities Division, the
Developer will present verification, pursuant to Chapter 367, Florida
Statutes, that the Florida Public Service Commission has granted temtorial
rights to the Developer to provide sewer and/or water service to the project
until the County can provide these services through its water and sewer
facilities.
Upon completion of construction the water and sewer facilities will be
tested to insure they meet Collier County's minimum requirements, a
comprehensive inspection of the facilities made by the Utilities Division
and record drawings of the facilities filed with the Utilities Division.
Any utility entity established to serve or serving the project shall also be
bound by these General Development Obligations concerning the
provision of water and sewer related utilities to the project.
28
Agenda Item No, 8C
May 11 , 2004
Page 84 of 96
-----.-.-----,
--"--'"'-
4)
Facilities Ownership and Conveyance - It is understood by Developer that
Collier County may, at some future time, desire to serve the project water
and sewer services, To that end, Developer freely and voluntarily agrees
to convey at no cost all water and sewer treatment plants and
distribution/collection and transmission system components to Collier
County. Notwithstanding anything herein to the contrary, the County in
turn will agree not to make formal request to serve the project with water
or sewer related services until on or after January I, 2001, In that regard,
Developer and any interim utility established to serve the Project shall
enter into a specific agreement with and acceptable to County which
outlines the procedures, covenants, obligations and responsibilities arising
from these General Development Obligations concerning the provision of
water and sewer related utilities to the project.
Once the water/sewer systems have been conveyed to Collier County, any
required expansions to the on-site water treatment plant or sewage
treatment plant shall be the responsibility of Collier County and shall be
accomplished as required to meet project demand, at the expense of
Collier County. All required expansions of the water distribution/sewage
collection systems shall be the responsibility of the Developer, and shall
be designed and constructed to Collier County and State of Florida
requirements. On completion of construction, the facilities will be tested
to insure they meet Collier County's minimum requirements, at which time
they will be conveyed or transferred to the County, when required by the
Utilities Division, pursuant to appropriate County Ordinances and
Regulations in effect at the time of conveyance or transfer is requested,
prior to being placed into service.
5)
Rights-of-waylEasements - All components of the water and sewer
systems that may be conveyed to Collier County including treatment
plants, shall be constructed within public rights-of-way or on lands owned
or controlled by Developer for which Developer can provide utility
easements to Collier County, All water and sewer facilities constructed on
private property and not required by the County to be located within utility
easements shall be perpetually owned, operated and maintained by the
Developer, his assigns or successors. At the time of system conveyance
Developer shall provide all required easements.
At such time as Collier County discontinues operation of the on-site water
or sewer plants, the plant site shall be conveyed back to the developer by
applicable statutory deed and site utility easements shall be vacated,
except that an easement shall be reserved for any connecting facilities
required, pursuant to paragraph 6).
29
Agenda Item No. 8C
May 11, 2004
Page 85 of 96
6)
Connection to county Water and/or Sewer Facilities - All construction
plans and technical specifications related to connections to the County's
off-site water and/or sewer facilities will be submitted to the Utilities
Division for review and approval prior to commencement of construction.
Upon connection to the County's off-site water facilities, and/or sewer
facilities, the Developer, his assigns or successors shall abandon,
dismantle and remove from the site the interim water and/or sewage
treatment facility and discontinue use of the water supply source, if
applicable, in a manner consistent with State of Florida standards. All
work related with this activity shall be performed at no cost to the County.
Connection to the County's off-site water and/or sewer facilities will be
made by the Developer, their assigns or successors at no cost to the
County within 120 days after such facilities become available at the
project site, The cost of connection shall include, but not be limited to, all
engineering design and preparation of construction documents, permitting,
modification or refitting of sewage pumping facilities, interconnection
with County off-site facilities, water and/or sewer lines necessary to make
the connection(s).
7)
Customers - All customers connecting to the water distribution and
sewage collection facilities will be customers of the developer or the
interim utility established to serve the project until Collier County makes
formal request for dedication of the water and sewer systems. At that
time, the customers served on an interim basis by the utility system
constructed by the Developer shall become customers of the County.
Prior to connection of the project to the County's off-site water and/or
sewer facilities, or the County assuming operation and maintenance
responsibility for the water and/or sewer systems the Developer, and/or his
assigns, or successors shall turn over to the County a complete list of the
customers served by the interim utilities system and shall not compete
with the County for the service of those customers.
The Developer shall also provide the County with a detailed inventory of
the facilities served within the project and the entity which will be
responsible for the water and/or sewer service billing for the project.
8)
System Development Charges - During that period of time that the water
and sewer utility system is owned, operated and maintained by Developer,
Developer may charge a system development charge to each connecting
customer in an amount as approved and allowed by the Florida Public
Service Commission (PSC),
30
Agenda Item No. BC
May 11 2004
Page 86 of 96
.,---,---, ,
F.
Developer agrees to pay all applicable system development charges or
impact fees at the time that building permits are required, pursuant to
County ordinances and regulations then in effect. As well, Developer
acknowledges that upon connection of the interim facility to the off-site
treatment and transmission facilities operated and maintained by the
County that all owners of existing properties characterized as new users
and subject to the imposition of either a water or sewer impact fee will be
required to pay system development charges or impact fees for such new
use. On the other hand, buildings, structures, or improvements, either
existing or which have been issued a building permit for which
construction is proceeding in good faith, shall not be required to pay a
water or sewer impact fee, whichever the case, if at the time the County
formally and of its own volition resolves to provide the Project with water
or sewer related services, the Board of Commissioners, in good faith,
expressly declares its intention to operate the water or sewer utility
treatment facilities as a part of its regional system, or as a stand alone
system without an intention to immediately dismantle and disconnect from
the existing on-site treatment facilities. Notwithstanding the provisions of
this subparagraph 8 a subsequent ordinance of general application,
effective at the time of connection of the interim facility to the off-site
treatment and transmission facilities operated and maintained by the
County which has contrary or differing provisions relative to the
imposition of water and/or sewer system development charges or impact
fees, shall be construed as superseding the applicable provisions of this
subparagraph 8.
9)
Developer shall be allowed up to ten (10) temporary private wells and
individual sewage disposal systems as areas are developed prior to
construction or expansion of the central systems. All such temporary
facilities shall comply with applicable state and county regulations and
shall acquire required permits.
ENVIRONMENTAL
1)
A site clearing plan shall be submitted to the Environmental Services
Department Staff for its review and approval prior to any substantial work
on the site. TIris plan may be submitted in phases to coincide with the
development schedule. The site clearing plan shall clearly depict how the
fmal site layout incorporates retained native vegetation to the maximum
extent possible and how roads, buildings, lakes, parking lots, and other
facilities have been oriented to accommodate this goal.
2)
Native species shall be utilized, where available, to the maximum extent
possible in the site landscaping design. A landscaping plan will be
31
Agenda Item No. 8C
May 11, 2004
Page 87 of 96
G.
H.
submitted to the Environmental Services Department Staff for its review
and approval. This plan will depict the incorporation of native species and
their mix with other species, if any. The goal of site landscaping shall be
the re-creation of native vegetation and habitat characteristics lost on the
site during construction or due to past activities.
3)
All exotic plants, as defined in the County Code, shall be removed during
each phase of construction from development areas, open space areas, and
preserve areas. Following site development, a maintenance program shall
be implemented to prevent reinvasion of the site by such exotic species.
This plan, which will describe control techniques and inspection intervals,
shall be filed with and approved by the Environmental Services
Department Staff.
4)
If, during the course of site clearing, excavation, or other constructional
activities, an archaeological or historical site, artifact, or other indicator is
discovered, all development at that location shall be immediately stopped
and the Environmental Services Department Staff notified. Development
will be suspended for a sufficient length of time to enable the
Environmental Services Department Staff or a designated consultant to
assess the find and determine the proper course of action in regard to its
salvageability. Environmental Services Department Staff will respond to
any such notification in a timely and efficient manner so as to provide
only a minimal intelTUption to any constructional activities.
EDUCATION
1)
The project shall fully mitigate its fiscal impacts by donating a 25 acre
parcel to the Collier County Public School District to be utilized as a
school site.
2)
Future development of the educational facilities within this PUD Zoning
District shall be subject to the Interlocal Agreement between the Board of
County Commissioners of Collier County, Florida and the Collier County
School Board to establish educational plant and ancillary plant site
development review processes.
FIRE PROTECTION
1)
The developer commits to providing a central water system to all
residential and commercial facilities which is capable of providing file
flow capacities as required by Collier County.
32
Agenda Item No. 8C
May 11, 2004
Page 88 of 96
9.03
9.04
2)
Building heights shall be limited to twenty-five (25) feet for all habitable
structures in accordance with Corkscrew Fire District's equipment
capabilities,
I.
FISCAL
The developer has agreed to dedicate a school site to the School Board, and to
donate fifty-five (55) acres to the County for public use purposes, including the
Collier County Fairgrounds, The Developer has also donated $25,000 to the
Corkscrew Fire District for equipment on August 3, 1987, These donations shall
mitigate the project's fiscal impacts.
DEVELOPMENT PLA1~
A,
The Master Plan, Thomas Lucido & Associates Ref, No. 9020, is an illustrative
preliminary development plan,
B.
The design criteria and layout illustrated in the Master Plan shall be understood as
f1exible so that the final design may best satisfy the project and comply with all
applicable requirements.
C.
Minor design changes shall be pennitted subject to County staff administrative
approval.
AMENDMENT
Amendments of this PUD Document, or of the Master Land Use Plan, shall be
accomplished according to the procedures set forth by Collier County for amendments to
a planned unit development.
33
Agenda Item No. 8C
May 11 , 2004
Page 89 of 96
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PETITION NAME:
Ptn~7,2003-~-3584
PROJECT #1999()"243
DATE: 1/9/03
DON SCHNEIDER
Lewis and Clark HhÙ1 School (Oran£etree PUD) DATE:
APPUCA nON FOR PUBUC HEARING
FOR
PUD AMENDMENTIDO AMENDMENT
COMMUNITY DEVELOPMENT DIVISION
cmœ.ENT PLANNING SERVICES
October 21. 2002
t.
Nam: of Applicant (s) Collier County Public Schools and Collier County PJannin2 Services Deoartment
Appllcant's Mailing Address 5775 QsceQla Trail
2.
City
Naoles
State
Florida
Zip- 34109
Applicant's E-Mail Address: _tayloram@collier.k12.fl,us
Applicant's Telephone Number: Res: _nla
Bus: _J239) 254-4395
Fax: (239)254-4390
ti?J Yes
DNo
Is tbt: applicant the owner of the subject property?
[] (a)
[] (b)
[J (c)
~~ (d)
[J (e)
[J (f)
If applicant is a land trust. 50 indicate and name beneficiaJies below.
Ifapplicant is a corporation other than a public corporatiol, so indicate and name
officers and major stockholders below.
If applicant is a partnership, limited partnership or other t usiness entity, 51)
indicate and name principals below.
If applicant is an owner, indicate exactly as recorded. and list all other owners. if
any. .
If applicant if a lessee. attach copy of lease, and indicate a:tual owners if not
indicated on the lease.
Ifapplicant is a contract purchaser, attach copy of contJ3C~ and indicate 3(..'tual
owner(s) name and address below.
This is a text ~ndment only (olea.se see attached cover letter
2.
Name of Agent
Agents ~ failing Address
State
Zip_-
City
(If space is inadequate, attach on separate page.)
nla
Finn
Agent's~-MaiI Address:
Bus.
Telephone Numbers: Res,:
Fax f#:
Agenda Item No. 8C
May 11 2004
Page 94 of 96
J.
PUD ORDINANCE NAME AND NUMBER:
ÛI'aNretree POO. 91-43
4.
DEl' AILED LEGAL DESCRIPTION OF TIlE PROPERTY COVERED BY TIlE APPLICATION (If
spaœ is inadequate, attach on separate page. If request involves change to more than one wrung district
inclt.de separate legal description for property involved in each district, lfJlroperty is odd-shaped. submit
five ':5) copies of the survey (In to 400' scale).
Not aDIJlicable: This is a text amendment onIv. The affected land use desifnation within the Oran~et~
PUD is AericuJture. The prOPOSed amendment adds "Educational Faci1ites" to the list of petDlÎlted U5eS-IQ
the "Atmcu1tun:" desi~tion.
TIll: APPLICANT IS RESPONSIBLE FOR SUPPLYING THE CORRECr LEGAL DESCRIPTION. IF
QUESTIONS ARISE CONCERNING 11iE LEGAL DESCRJPTION, AN ENGINEER'S
CEF~TlFICATION SHALL BE REQUIRED,
SECTION 13.14
TOWNSHIP 48
RANGE 27
5.
Address or location of subject property This is a text amendment onlv tlt.'1t effects the Lewis and Ch!!:k
Hi~h School. located at 1655 CountY Road 858, Naoles. FL
6.
Doe. property owner own contiguous property to the subject property? If SJ, give complete legal
description of entire contiguous property, (If space is inadequate, attach 011 separate page).
N/A
-
7.
TYPE OF AMENDMENT:
t8J A. PUD Document Language Amendment
0 B. POO Master Plan Amendment
0 C. Development Order Language Amendment
8.
DOES AMENDMENr COMPLY WITIi TIlE COMPREHENSIVE PLAl'r:
~ Yes ONo
If no, explain:
9.
HAS A PUBLIC HEARING BEEN HELD ON TInS PROPERTY WITHI~ TIlE LAST YEAR? IF SO,
IN 'NHOSE NAME? _No Public Hearing has been held on this property before the CcllIier County
Bœrd of County Commissioners .within the last year. Two Public Hearinfs were held before the Collier
County School Board, The first was held on May 3, 2001 to approve the {tUrChase of the 135.72-acre site
for a future high school. The second public hearing before the School Boad was held on January 25,
2002 to approve construction and an opening date of August 2004 for the Lewis and Clark High School to
be located on this site (Collier CO1Jnty Public Schools - Five-Year Facilitir!s Work
Program)
PErmON #: - CCSB - Agenda Item 9(e)- DATE:
January 25. ;002
10. HAS ANY PORTION OF 11iE PUD BEEN 0 SOLD and/or 0 DEVELOPED?
CHANGES PROPOSED FOR THE AREA SOLD AND/OR DEVELOPE)?
0 Yes 0 No (N/A)
IF YES, DESCRIBE (AITACH ADDmONAL SHEETS IFNECESSAF.Y).
ARE ANY
Agenda hem 1\10. ðG
MBY 11, 200-4
Page 95 of 96
.
11/1J/ 1002 ~ON 10: 1: F.-Ü: 56J 675 ~570 BRY..u'l .P.WL CITRt:S 1:-1e
1;:/:01100: 15: 07 F.U :::> 9::544:1110 co u..I ERCO , F.-\CILIIT PI..,Hie
12/20/02 H: ZJ FA.:~ 94,:-d43&96~ COLLIER -CO COnIrnI1"Y D€V
i¡~lJO1/001
(2J 00:
:@IJU't/UV't
AFFID A VlT
I II Bryan W. Paul L' e-....J..1..
We, tJI:uJ.g ~ """"'7 ~ cicpo8.=
and Si[)' tb3twc a:rc tho own=s ofthepraperty de3c:rìbed~81d 'Nhicb. is fhc St:ÕjCCCJJJatt.cr of
the propollcd ~~. tbat:Jl tbc a.nswc:rs to tba queØD8 in 1bis BP1 &:Iliac. and an skl:tnb.8$.
dö1~ and ather supp1c:mm1:Iry mattI:.1: :aCbd:led to 3%!d made .. PUt of this applic:t!ion. m hoat:st
;a:u:i trne EOtht: ~t ofourbow18dgemd beUe.f. Wo~ tbil applk.:sUO11m11stbe
comp]cœd ax:Id aCCUI:\f: boiòre 3 h:c:a::I23g c:m be 3dverrised. We furf =- pca:ni t '!be 'JtI~ SD/"'Ci 1:0
ac:t lIS our ~ in any IDItR:rI {eg....~ thù Petition. . A
NCYæ sroNATImES a6 ALL 0WNœS .~:;t>~/
SIGNAroRE OF O\VNE1t SIGNXI'UREOFOWNER - Bryan W. Paul
SIGNA11.1RE OF AG1~
~ ofFlccida
C~ of Collier CoImty BCC
County of Hendry
The fmcgom; Applic:1tion wu 3cXnowieci¡ed bdorc JX C: tril 2 3 rd
Day of
December
2002 bv Bryan W. Paul
, ..:::.-.J.. -
Who is pasOIUdly 1œown to me 6r~ lÍ:!f¡.þr6Wd'
CD "'UCT".SlB3.E'
8IIItIIIy f*II: . DaI8 at RaItI:D
~........,.ecr-.At.Q 1'~
c-.-... c:::75S1S1
(Si
'.. -,:>:..,..-...".,~,.>
Nancy W. Steèle
NOTARY PUBUC
J'UDIDO AppUc::¡ÛOD 3J2.002
Agenda Item No, BC
May 11, 2004
Page 96 of 96
.-
.-
..--
.....-............
EXECUTIVE SUlVIMARY
Adopt an updated Utilities Standards and Procedures Ordinance, including the Collier County
Water-Sewer District Utilities Standards Manual, and repeal the current Utilities Standards and
Procedures Ordinance (Ordinance No. 2001-57)
OBJECTIVE: That the Board of County Commissioners adopt a revised Utilities Standards and
Procedures Ordinance and the Collier County Water-Sewer District (CCWSD) Utilities Standards
Manual.
CONSIDERATIONS: The Utilities Standards and Procedures Ordinance outlines County procedures
and guidelines for the design and construction of both County-constructed and privately-constructed
ullÌitics systems in the CCWSD. The Utilities Technical Standards Manual, which derives from the
Ordinance, and the Collier County Standard Specifications for Water and Sewer Main Construction
provide technical details.
TIle Utilities Standards and Procedures Ordinance, Ordinance No. 88-76, was originally adopted in
1988~ two amendments followed in 1989, Ordinance No, 97-17 adopted on Apr. 22,1997 updated the
Utility Standards and Procedures and included the technical detail drawings and specifications. There
were additional amendments in 1998 and 2000,
On October 23, 2001, Ordinance No. 2001-57 was adopted, which made changes to the Technical
Standards Manual; the approval process required the Public Utilities Division Administrator and
Development Services Advisory Committee (DSAC) Utilities Code Subcommittee to approve changes
to the Technical Standards Manual. The Ordinance presented today wíll require that any future
changes to the Standards Manual be approved by means of BCC Resolution.
On June 10, 2003, through Agenda Item l6.C.1O, the BCC approved funding for a consultant to merge
the Collier County Utilities Technical Standards Manual and the Collier County Standard
Specifications for Water and Sewer Main Construction into a Construction Standards Institute format
document titled the "Collier County Water-Sewer District Utilities Standards Manual."
A project delivery team consisting of key members of the Public Utilities Division, the Community
Development and Environmental Services Division, and the County Attorney's Office was formed to
review the Ordinance, Technical Standards Manual, and Specifications. Numerous meetings were held
with the DSAC Utilities Code Subcommittee to discuss and review the Ordinance and Standards
Manual~ staff presented numerous updates to the DSAC Utílíties Subcommittee~ workshops and
monthly meetings were held with the DSAC Utilities Subcommittee to discuss and review the
Ordinance and Standards Manual,
The consultant, in cooperation with Ùle delivery team and the DSAC Utilities Subcommittee, merged
the Collier County Utilities Technical Standards Manual and the Collier County' Standard
Specifications for Water and Sewer Main Construction, and updated the final document by including
the hundreds of comments from all interested individuals and groups. The result is a document that is
more up to date, organized and internally consistent than Ùle previous two documents.
Agenda Item No. 80
May 11, 2004
Page 1 of 75
. """.""-' ,
Executive Summary
Adopt the Utilities Standards and Procedures Ordinance and the Utilities Standards Manual
,-
The most significant changes to the Ordinance and Standards Manual include:
. Improving the quality of pipe laying and backfilling material, which will minimize future pipe
breaks.
. Adding a Grease Trap Detail Drawing, which will help prevent pipes from clogging due to
grease in systems.
. Adding a Horizontal Directional Detail Drawing, which will eliminate the need for paperwork
associated with processing Deviation Forms,
. Prohibiting stormwater from entering the County's system, which will limit the amount of
water the County has to process through its wastewater plants.
. Adding a requirement that developers submit a $4,000 cash bond to cover costs of repairing
their utilities systems before such facilities are conveyed to the CountylDistrict and as security
that the final conveyance process will be in full compliance.
. Adding a penalties section in the Ordinance for failing to meet deadlines for turning in
documents, which will increase developer timeliness in submitting required documents.
. Updating specifications, which will facilitate easier maintenance and operation of utilities
systems.
. Adding telemetry specifications, which will provide better control of the County's utilities
systems.
. Adding a requirement that water distribution main extensions must either be looped or have a
flushing device at the end of the line to provide better water quality to customers and to
minimize down time due to pipe breaks.
. Revising the water meter sizing form to try to ensure that water meters will not be undersized
and that the County will collect the appropriate utility impact fees.
. Adding construction inspections requiring County presence, which will try to assure quality
construction of utilities systems.
. Adding non-potable water irrigation system requirements, which will help the County conserve
potable water by using more reuse/reclaimed water.
. Updating standard conveyance documents checklists and standard conveyance documents to
streamline the documents submission process
. Requiring that electronic files be in the Florida State Plane Coordinate System, which will
facilitate the input of electronic data into the County Geographic Information System (GIS).
. Improving the organization of the Standards Manual, which will facilitate future revisions to
the Manual and its incorporated attachment documents.
On April 20, 2004, the DSAC Utilities Code Subcommittee approved the final drafts of the Ordinance
and the Standards Manual. This approval followed more than a year's worth of work by the
development community, the building industry, and County staff in updating both documents. The
DSAC approved both documents on May 5, 2004.
FISCAL IMPACT: Legal advertising costs associated with the Ordinance and Standards Manual will
not exceed $580, and will be distributed equally between Fund 412, Project 70202 and Fund 414,
Project 70202.
----
Agenda Item No. 8D
May 11, 2004
Page 2 of 75
Executive Summary
Adopt the Utilities Standards and Procedures Ordinance and the Utilities Standards Manual
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related
to this action.
RECOMMENDATION: The Board of County Commissioners adopt the updated Utilities Standards
and Procedures Ordinance, including the revised Collier County Water-Sewer District Utilities
Standards Manual, and concurrently repeal in its entirety the current Utilities Standards and Procedures
Ordinance (Ordinance No. 2001-57).
_.
.-'
Agenda Item No, 80
May 11, 2004
Page 3 of 75
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
3D
Item Summary
Adopt an Updated Utilities Standards and Procedures Ordinance, Adopt
Accompanying Collier County Water-Sewer District Utilities Standards Manual
and Repeal Utilities Standards and Procedures Ordinance No. 2001-57
Meeting Date
5/1112004 9:00:00 AM
Prepared By
Paul Kwa
Project Manager
Public Utilities
Public Utiliti"s Engineering
Approved By
Ron Hovel!
Special Projects Manager
Oat"
Public Utilities
Public Utilities Engineering
4/271200410:20 AM
Approved By
Thomas Wides
Operations Director
Date
Public Utilities
Public Utilities Operations
4!2812004 8:48 AM
Approved By
Harry Huber
Senior Proj"ct Manager
Date
Public Utilities
Public Utilities Engine"ring
4/28/20048:21 AM
Approved By
Thomas Wides
Operations Director
Date
Public Utilities
Public Utilities Operations
4/2812004 8:48 AM
Approved By
William D. Mullin. PE
Principal Project Manager
Date
Public Utilities
Public Utilities Engineering
4/28/20048:20 AM
Approved By
Ann Marie Saylor
Operations Analyst
Date
Public Utilities
Public Utilities Administration
4/29/200410:15 AM
Approved By
James W. Delony
Public Utilities Administrator
Date
Public Utilities
Public Utilities Administration
4/29120044:53 PM
Approved By
Thomas E. Kuck, P.E.
CDES Engineering Services Director
Date
Community Development &
Environmental Services
CDES Engineering Services
4/29/20044:35 PM
Approved By
Pat lehnhard
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
412912004 4:58 PM
Approved By
Susan Usher
Senior ManagementJBudget Analyst
Date
County Manager's Office
Office of Management & Budget
4130/2004 9:01 AM
Approved By
Michael Smy1<owski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
514/20048:57 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissione",
County Manager"s Office
5/4120047:12 PM
Agenda Item No. 8D
May 11, 2004
Page 4 of 75
'---- m
ORDINANCE NO. 2004--
COLLIER COUNTY UTILITŒS STANDARDS AND PROCEDURES
AN ORDINANCE RE-ESTABLISHING AND AAŒNDING THE COLLŒR COUNTY
UTILITIES STANDARDS AND PROCEDURES; PROVIDING FINDINGS AND
PURPOSE; PROVIDING TITLE AND CITATION; PROVIDING FOR
APPLICABILITY; PROVIDING FOR INCORPORATION OF PREVIOUS ADOPTED
WATER At"ID WASTEWATER ORDINANCES AND RESOLUTIONS; PROVIDING
FOR SERVICE AREAS OF THE COLLIER COUNTY WATER-SEWER DISTRICT;
PROVIDING DEFINmONS; PROVIDING FOR POLICIES AND ST At'IDARDS;
PROVIDING FOR CONSTRUCTION APPROVAL AND DOCUMENT SUB]\USSIONS;
PROVIDING FOR OBSERVATION OF CONSTRUCTION; PROVIDING FOR
UTILITIES CONVEYANCE PROCEDURES AND FORMS; PROVIDING FOR THE
CREATION AND MAINTENANCE OF THE COLLIER COUNTY UTILITIES
STANDARDS MANUAL FOR WASTEWATER, POTABLE WATER, AND NON.
POTABLE IRRIGATION SYSTEMS AND FACILITIES; PROVIDING FOR
PENALTIES AND ENFORCEMENT; REPEALING COLLIER COUNTY ORDINANCE
NO. 2001-57; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING At'l
EFFECTIVE DATE AS SPECIFIED IN SECTION SLXTEEN, EXCEPT SUBSECTIONS
9,1 AND 9.2 SHALL HAVE A DELAYED EFFECTIVE DA TE OF JULY 1, 2004
WHEREAS, the Board of County Commissioners of Collier County, Florida, as the
Governing Body of Collier County and as the Ex-Officio Governing Board of the Collier
County Water-Sewer District and the Goodland Sub-District, has determined that it is in the
best interests of the public's health, safety, and welfare to establish the minimum ulility
requirements for development of potable water, wastewater, and non-potable irrigation water
systems or portion(s) thereof within the Water-Sewer District and the remaining
unincorporated areas of Collier County, Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING
BODY OF COLLIER COUNTY, FLORIDA, AND AS THE EX-OFFICIO
GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT
AND OF THE GOODLAND SUB-DISTRICT, that a new, repealing and superseding
Ordinance be adopted as follows:
TABLE OF CONTENTS
SECTION ONE
FINDINGS AND PURPOSE
SECTION TWO
TITI..E AND CIT A TrON
SECTION THREE
APPLICAB ILITY
SECTION FOUR
WATER AND W ASTEW A TER ORDINANCES AND
RESOLUTIONS
SECTION FIVE
SERVICE AREAS
SECTION SIX
DEFINmONS AND ABBREVIA TrONS
SECTION SEVEN
POLICæs AND STANDARDS
7.1 Ulility Service: Availability
7.2 FDEP Permits
1
Agenda Item No. 8D
May 11 , 2004
Page 5 of 75
SECTION EIGHT
SECTION NINE
SECTION TEN
7.3 Design and Perfonnance Standard Manuals and Publications
7.4 Owner's Responsibilities to Millntain or Repillr Interim
Utility Facilities
7.5 Construction Observation and Inspection
7.6 Utilities Conveyance and Acceptance
7.7 Utility Easement
7.8 Building Permits ~ Connection Fees and Charges
7.9 Certificates of Occupancy
CONSTRUCTION APPROVAL & DOCUMENT SUBMISSION
8.1 General
>L2 Construction Documents
8.2.1 Preparation of Construction Documents
8.2.2 Pre-submittal Conference
8.2.3 Submittals
8.2.4 Schedule of Fees and Charges
8.2.5 Plans, Speçjfications and Cost Estimates
8.2.6 Connection to Non-County Owned
Wastewater Systems
8.2.7 Rights-of-Way Pennits
8.3 Fire Control District Approval
8.4 Plats
8.5 Utilities Perfonnance Security and Final Acceptance Obligations
Cash Bond
8.6 Construction Commencement
8.7 Construction Document Modification
CONSTRUCTION OBSERVATION AND INSPECTION
9.1 General
9.2 Pre-Construction Meeting
9.3 Construction Scheduling
9.4 Construction Observation and Inspection
9.4.1
General
9.4.2
Construction Inspections by County Representatives
9.4.3 Preliminary Inspections
9.4.4 Final Utility Inspections
UTILITIES CONVEYANCE POLICIES AND PROCEDURES
10.1 General
10.1.1
10.1.2
10. 1.3
Potable Water Line Acceptance
Gravity Sewer Line Acceptance
Lift Station and Force Milln Acceptance
10.1.4
Non-Potable Irrigation Water Milln Acceptance
10.2 Conveyance Documents
10.3 Inspection
10.4 Record Drawings
10.5 Bacterial Analysis
10.6 Final Costs
10.7 Test Results
10.8 Lift Station Submittals
10.9 Recordation Fees
10.10 Reapplication Fees
Agenda Item No. 80
May 11, 2004
Page 6 of 75
2
10.11 Failure to Meet Deadlines
SECTION ELEVEN
AMENDMENTS
SECTION TWELVE
PENALTY AND ENFORCEMENT
SECTION THIRTEEN
REPEAL OF ORDINANCE AND RESOLUTIONS
SECTION FOURTEEN INCLUSION IN THE CODE OF LAWS & ORDINANCES
SECTION FIFTEEN
CONFLICT AND SEVERABILITY
SECTION SIXTEEN
EFFECTIVE DATE
APPENDIX A
STANDARD LEGAL DOCUMENTS
SECTION ONE:
FINDINGS AND PURPOSE.
I.]. It is the intent and purpose of this Ordinance to promote, protect, and improve the health,
safcty and welfare of the citizens of Collier County by the establishment, herein, of standards
and procedures for the construction, development, maintenance, and operation of safe,
reliable potable water, non-potable irrigation water and wastewater systems that meet the
demands of Collier County's land development and population growth and that are
constructed, developed, maintained and operated according to the latest technical and
professional standards. This Ordinance, therefore, establishes minimum utility requirements
for development of potable water and non-potable irrigation water transmission and
distribution and for wastewater collection and transmission systems or portiones) thereof
within the unincorporated areas of Collier County, Florida. This Ordinance attempts to
cnsure that, with respect to all utility construction perfonned, reliable and economical utility
services shall be provided to users of the potable water, non-potable irrigation water and/or
wastewater systems within Collier County.
All requirements set forth herein are in
conjunction with and supplemental to the Collier County Land Development Code (the
"LDC"), to the Collier County Growth Management Plan and to such other applicable Collier
County Ordinances, Resolutions and/or regulations as are related to land development and/or
subdivision of lands within Collier County. The administrative procedures, standards, and
policies contained herein, as they apply to the extension and/or development of potable and
non-potable water and/or wastewater systems and utility services, shall take precedence, if in
conf1ict, over those contained in the LOC. The Public Utilities Division shall review
Deviations (see Standards Manual for Utility Deviation Fonns) from the standards and
procedures established herein, which are brought about by innovative applications of design
principles/solutions to individual projects. Upon such review, the Public Utilities
Administrator or designee, at his discretion, may approve such Deviations, provided that such
Deviation shall not result in system/facility operation or maintenance perfomJance that is less
than that which would be provided in this Ordinance, if recognized, accepted standards are
used, and provided further that such Deviation promotes, protects, and improves the health,
safety and welfare of the citizens of Collier County, Florida. Requested Deviations from the
requirements of this Ordinance shall be referred to the Public Utilities Administrator or
dcsignee(s). All Deviation requests must include an impact statement. Appeals to rejected
3
Agenda Item No. 80
May 11 2004
Page 7 of 75
Deviation requests shall be mailed to the Public Utilities Engineering Director of the Public
Utilities Division.
1.2. The Collier County Water-Sewer District, established in February 1977, by the Board of
County Commissioners, was created for the following purposes:
I) To develop safe, reliable and financially self-supporting potable water and
wastewater systems, which wi]] meet the water and wastewater needs of Collier
County;
2) To ensure that existing and future potable water and/or wastewater utility systems
are constructed, operated and managed at the minimum cost to users and with no
direct/indirect financial aid from the General Fund; and
3) To develop potable water and/or wastewater systems requiring the most reasonable
operating and maintenance costs.
1.3. Potable Water Specifications, Non-Potable Irrigation Water Specifications, Wastewater
Technical Specifications. and Standard Details are now included in the Collier County
Utilities Standards Manual. By reference. the Public Utilities Adnúnistrator or designee shall
publish the Manual and should provide for periodic revisions thereto. consistent with good
engineering practices and standards.
SECTION TWO:
TITLE AND CITATION.
This Ordinance shall be known and may be cited as the Collier County Utilities Standards
and Procedures Ordinance.
SECTION THREE:
APPLICABILITY.
This Ordinance shall be applicable to development activities within the Collier County
Water-Sewer District. the Goodland Sub-District and the remaining unincorporated areas of
Collier County, Rorida. For the purposes of simplicity and brevity. references herein to the
Collier County Water-Sewer District shall also refer to the Goodland Sub-District, where
appropriate, as the context requires.
.
SECTION FOUR:
WATER AND WASTEWATER ORDINANCES AND
RESOLUTIONS.
The Board of County Commissioners. acting in their regular capacity as well as their capacity
as the Ex-Officio Governing Board of the Collier County Water-Sewer District (including the
Goodland Sub-District) has adopted other Ordinances, Ordinance amendments and
Resolutions on behalf of the County and the District. Such Ordinances. Ordinance
amendments and Resolutions. together with all such duly adopted subsequent Ordinances,
Ordinance amendments and Resolutions apply fully except to the extent, if any, specifically
and expressly superseded by this Ordinance.
SECTION FIVE:
SERVICE AREAS.
4
Agenda Item No. 80
May 11, 2004
Page 8 of 75
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5.1. The following requirements shall apply with respect to the County's review of utility
consiruction within the District's Service Area in the unincorpomted area:
5.2. Construction of all utility systems including, but nO( limited to, interim utility systcms.
shall comply with the LOC, with this Ordinance. and with the Collier County Utilities
Sllindards Manual. which is hcreby adopted by the Board as pan of this Ordinance. The
Penalty provisions of this Ordinance apply equally to the Manual and to exhibits then
incorporaled by reference into the Manual.
5.3. Utility construction shall not commence until the utility construction documents for each
project have been reviewed and approved by the Engineering Review Services Depanment
Director (County Engineer) or designee and the County has thereafter issued a written
authorization to construct. Conveyance of completed interim utility system(s) or portion(s)
thereof within tbese cenificated or other approved service arcas shall be in compliance with
the LOC, this Ordinance. and the Collier County Utilities Standards Manual.
5.4. Prohibitcd Connections.
Rcfcr to the latest revision of the County Cross-Connection Ordinance as well as Sections
5.4.1, 5.4.2 and 5.4.3 below.
5.4.1. Wastewater and Stormwater.
No individual or entity owning, possessing or having control of any building. structure, or
othcr improvcmcnLs within thc then existing District shall cause, permit, allow or suffer any
stonnwater and/or any water used for irrigation to be discharged into any sanitary sewer,
drain, clcanout, or manholc that is connected to the District's wastewater collection system
(direct discharge), or into any other facility that is connected into such sewer, drain or
manhole, (indirect discharge). Only wastewater from toilets, lavatories, sinks. bathtubs or
showers upon or in said premises shall be discharged into any such sewer, drain or manhole.
5.4.2. Yard, Garden, Private Stormwater Drainage Facilities.
No yard drainage. garden drainage, nor any stonnwater, including from a drainage line. roof
drain or downspout, shall discharge directly or indirectly into the County's or the District's
wastewater collection system.
5.4.3. Inspection - Correction of Violation Condition.
An authorizcd representative of the County may enter premises (except an owner-QCcupied
residence) to determine whether any violation of subsection 5.4.1 or 5.4.2 exists, If it is
detennined that such violation exists, staff shall provide written notice to the owner or
occupant of the premises to direct that all such violations be corrected within thiny (30) days
of receipt of such notice, and within that thirty (30) days period, the noticed owner or
occupant shall notify staff in writing that each such violation has in fact been corrected. If
staff does not receive such notification of correction within that thirty (30) day period, staff
may correct all such violations subject to providing the owner or occupant not less then three
(3) additional work days written notice. Notice from the County or District may be ~~~~a Item No. 8D
May 11 , 2004
Page 9 of 75
5
mail or by any other lawful means of delivery of such notice, addressed to the owner (or
occuvant) as the owner's name and address then appear on the then most current tax
assessment roll. In the event County staff corrects the violation(s), the County's may record a
lien against the relevant premises, which lien shall run with the land and may be foreclosed
upon or otherwise collected by staff.
SECTION SIX:
DEFINITIONS AND ABBREVIA nONS.
I. Definitions.
For the purposes of this Ordinance, the following tenns, phrases, and words, shall have the
meaning specified herein. When not inconsistent with the context, words in the present tense
include future tense, words used in the singular number include the plural, and words used in
the plural include the singular. "Shall" is always mandatory; "may" is discretionary.
Definitions in this Ordinance supersede definitions in the Standards Manual to the extent of
any conflict between a delinition in this Ordinance and a definition in the Manual. No
definition in this Ordinance shall be construed to affect any definition in the Florida
Administrative Code or any other administrative regulation of any superior government
agency unless such F.A.C. or other governmental regulation's definition can lawfully be
expanded, contracted or otherwise amended by this Ordinance and the apparent intent of the
connicting definition in this Ordinance is to amend the scope or application of the respective
conflicting exterior definition. Many of these definitions contain substantive provisions. The
fact that a substantive provision is contained in a definition does not affect full applicability
of each ~'Uch substantive provision.
Adequate Public FaciliJies Letter: Written verification prior to submittal of construction
documents from another utility (including a municipal owned or other government owned or
controlled utility, or privately owned or franchised utility) that demonstrates that concurrency
requirements are fIrmly complied with. This letter shall clearly verify the type and capacity
of potable water, non-potable irrigation water and/or wastewater utility services that is
available to provide each such utility capacity to serve the specific structure, building or unit,
as well as any restrictions, conditions and requirements the utility may have regarding
issuance of a binding written commitment for service to each such proposed structure,
building and unit. Refer to Subsection 7.1,6 herein,
Availabüity Lener: Written documentation stating water and/or sewer service is available
to the applicant via then existing utility lines adequate to serve each such structure, building
and unites). This written documentation must be provided by designee of the respective
utility (including the District when the District is the provider); and no guarantee is issued
that adequate capacity will be available to the respective structure, building and unit until
each such structure, building and unit has received its capacity commitment for the respective
utility service.
Board: Board of County Commissioners of Collier County, Florida, as the Governing Body
of Collier County, Florida, and, where appropriate, as the Ex-Officio Governing Board of the
Collier County Water-Sewer District (including the Goodland Sub-District) and every other
future sub-district of the District.
6
Agenda Item No. 80
May 11, 2004
Page 10 of 75
".___00
..--.,
CoUier County Water-Sewer District (CCWSD) or Distrù:t: An independent special district
within Collier County that is defined in the Special Act, Chapter 2003-353, as such Act may
be amended, and is governed by the Board of County Commissioners.
Collier County Water-Wastewater Authority: A five-member Authority appointed by the
Board of County Commissioners consisting of three technical and two lay members, having a
wide range of regulatory authority regarding the approval of rates, service area boundaries,
customer/utility disputes, and quality of service issues related to cenificated private, investor-
owned water and wastewater utilities operating in unincorporated Collier County and the City
of Marco Island. A Collier County Board (Authority) created and empowered by Article VlII
of the Collier County Code of Laws and Ordinances (the same being Ordinance No. 96-6, as
amended).
Community Development and Environmental Services Division: A Division of Collier
County which, for purposes of this Ordinance, shall be responsible for processing, reviewing
and approving potable water, non-potable inigation water and/or wastewater construction
requests, pursuant to the tenns and conditions of this Ordinance and/or the LOC, including
the engineering evaluation, design and construction of potable water, non-potable irrigation
water and/or wastewater utility systems. As outlined herein, and as set fonh in the LOC, ilie
"Community Development and Environmental Services Aduùnistrator" shall mean the
Engineering Review Services Department Direetor (County Engineer).
Construction Document: Construction drawings, technical specifications, hydraulic design
rcporL~, Florida Department of Environmental Protection ("FDEP") Pennit Applications, Plats,
where required, and other supponive documents and data necessary to pennit the review of
proposed potable water, non-potable irrigation water and/or wastewater system additions,
extensions and/or improvements. An Engineer's Report must also be included, with a summary
of the proposed construction, including connections, phasing, assumptions, and estimated total
flows.
Construction Document Modification:
Revised construction document(s) iliat includc a
written technical description of all modifications.
Controctor. Individual, partnership, agency, organization, corporation or the like licensed in
the State of Florida to perfonn underground utility construction in Collier County.
ControctulJJ Guarantee: A Construction and Maintenance Agreement guarantee on streets,
sidewalks, stonnwater system, etc., that all subdivision developers are required to provide along
with the Utilities Perfonnance Security guarantee.
County: Includes Collier County, the Board of County Commissioners of Collier County,
Florida. and/or ilie duly authorized staff, agent or representative acting on behalf of the Board
of County Commissioners, to supervise and/or manage the operations of the publicly owned
potable water. non-potable water and wastewater systems, and whose duties include
administration of this Ordinance. Shall also include ilie District unless the specific the context
does not reasonably pennit such construction.
7
Agenda Item No. 80
May 11, 2004
Page 11 of 75
County Inspector: A representative of Collier County designated to provide periodic
inspection of all potable water, non-potable irrigation water and/or wastewater systems.
County Utility Easement (CUE): An easement conveyed to the County and/or District to use
land for operation and/or maintenance of utility systems and/or utility facilities.
Customer: means each residence, apartment unit, condollÚnium unit, office or other unit of a
building or structure, each mobile home, each recreational vehicle, etc., is one (1) customer. A
duplex is tWo (2) customers; a triplex is three (3) customers, etc. Customer does not refer to
each individual served.
Developer: Any individual, partnership, corporation, owner, sub-divider, including a
governmental agency, or designated agents, successors, or assigns, or such other entity that
proposes and/or undertakes the construction of potable water, non-potable irrigation water
and/or wastewater systems, or portion(s) thereof, to provide service for any property or
properties, area, development or subdivision in which the potable water, non-potable irrigation
water and/or wastewater systems are to be extended from, connected to, or ultimately become
part of the potable water, non-potable water irrigation or wastewater systems of Collier County
Water-Sewer District, Collier County, Florida.
Development Services Advisory Committee (DSAC): A fifteen (15) member committee
created pursuant to Ordinance No. 95-60 to provide reports and recommendations to the Board
of County Commissioners, to assist in the enhancement of the operational efficiency and
budgetary accountability within the Community Development and Environmental Services and
Public Utilities Divisions, and to serve as a primary communications link between the
Divisions, the development industry and the citizens and residents of Collier County.
Deviation: Requested variation from the requirements of this Ordinance or the Collier County
Standards Manual requiring written approval from the Public Utilities Division Administrator
or designee(s).
Distribution Mains: Potable water or non-potable irrigation water q¡ains less than 16" in
diameter that distribute water at the project or customer level.
DislrÜ:t: See definition of Collier County Water-Sewer District.
District Service Area: All geograpruc areas where the District is then authorized to provide
potable water and/or wastewater service, and/or non-potable irrigation water, and/or bulk
service, by general law or by Special Act(s) of the Florida Legislature, including all such
geographic areas then being served with interim service by any other service provider. The
following areas are not included in the District's Service Area (I) All geographic areas within
the geographic boundaries of each municipality as those municipal boundaries existed on the
effective date of Chapter 2003-353. Laws of Florida; and (2) all areas within the City of Golden
Gate (which is not a municipal corporation) as such area is now or hereafter defined in
subsection 5(C) of Section 3 of Chapter 2003-353, Laws of Florida); and (3) all area within the
geographic boundaries of each independent Special Improvement District; and (4) all area
within each Community Development District area; and (5) all area within the geographic
Agenda Item No. 8D
May 11, 2004
Page 12 of 75
8
--'---'-- -
boundaries of each utility service area then actively certificated to the subject utility by the
Collier County Water-Wastewater (or hereafter by the Rorida Public Service Commission in
the event the County cedes such Chapter 367, Rorida Statute, jurisdiction back to the FPSC
(for as long as such certificated area is viable). Except as to the geographic areas listed herein,
this Ordinance applies 10 each person or entity, lessee, trustee and/or receiver, owning,
operating, managing, or controlling such facilities of system, or proposing construction of such
facilities and/or system, who or which is providing or proposes to provide any such service, or
any combination thereof, within the unincorporated area of the County except:
a) Property used solely or principally in the business of bottling, selling, distributing or
furnishing bottled water; and
b) Subject 10 Chapter 2003-353, Laws of Rorida, such facilities or system(s) owned,
oper.lted, managed, or controlled by another government or governmental agency.
Subject to Chapter 2003-353, Laws of Rorida and to other then applicable Florida Special Acts,
if any, and subject to then applicable Federal Laws. if any, and general law of Florida. the
District's service areas may from time-to-time be expanded, contracted or otherwise changed
by Resolution of the Board or by Collier County Ordinance. or by amendment to Chapter 2003-
353, Laws of Rorida., a Special Act that controls the powers of the Board and the Collier
County Water-Sewer District.
Dual System: A utility system within a development comprised of a non-potable inigation
water system and a potable water system.
EasemenJ: An interest in land granted to holder by owner of land. Such grant entitles holder to
specific limited uses of said land. Holder can be person, persons or the general public.
Effb¡enJ: The treated liquid end product of a wastewater treatment facility that is reused as
reclaimed water for irrigation or other approved non-potable purposes.
Engineer of Record: The "Project Engineer," a registered professional engineer of record,
responsible for. ]) the preparation of plans, specifications and orner related design documents
for the potable water, non-potable inigation water and/or wastewater systems being constructed
within Collier County and 2) certifying the project, including transportation and stormwater
facilities, upon completion.
FaâJity: See definition of Water Facility and Wastewater Facility.
Fees: The non-reimbursable monetary compensation rendered to the County for construction
document review and inspection service provided.
Final Acceptonce: Acceptance by the Board of potable water, non-potable inigation water
and/or wastewater systems at least one year after preliminary acceptance, and after satisfactory
completion of all Final Acceptance Obligations.
9
Agenda Item No. 8D
May 11 2004
Page 13 of 75
Final Acceptance Obligalions: These include Reimbumed Recording Fees, I-Year Sewer
Viewer Report and Video, Final Utility Inspection, and Final Attorney's Affidavit.
Inspection: Periodic construction site visits by a County representative, !he purpose of which
is to ascertain/ensure compliance with County-approved construction documents and applicable
ordinances, codes and statutes. Such periodic visits shall occur, but not be limited to, during
construction of the potable water, non-potable irrigation water and/or wastewater addiùons,
extensions and/or improvements (including roadltransp<>nation utiliùes relocate projects), after
compleùon of construction (for preliminary acceptance prior to conveyance of the required
potable water, non-potable irrigation water and/or wastewater system(s) or portion(s) thereof to
the District). and after !he one (I) year Contractual Guarantee period (for final acceptance of
the potable water. non-potable irrigation water and/or wastewater system(s) or portion(s)
thereof by !he County).
InJerim Utility Facility or Interim Utüity System: (and Utility Facilily): A potable water, non-
potable irrigation water distribution, transmission, treatment, and/or supply system, a
wastewater collection, transmission, treatment and/or disposal system, which meets all
applicable rules and regulations associated with any federal, state or local regulatory au!hority,
and which is owned by the applicant/developer or other pemon/entity o!her than !he Collier
County Water-Sewer District (CCWSD) and which, upon completion, is planned to be
dedicated to the CCWSD. All such Interim Facility and/or Interim System shall remain interim
unùl such lime (if and when) each Interim facility (or faciliùes) and/or Interim System is
interconnected into !hc District's system to be served by the District's system and !he Interim
Facilities and/or Interim System has been dedicated to the District pursuant to paragraph 10 in
Section 5 of Chapter 2003-353, Laws of Florida.
InJernol Non-Potable Irrigalion Waier Distribution System: Any non-potable irrigation water
distribuùon system not owned by !he County or the District and located beyond !he master
meter assembly on the development side.
IrrigaJion System: Any and all plant, system, facility or property, and additions, extensions
and improvements thereto at !hen future times, constructed or acquired as part !hereof, useful,
necessary or having the !hen present capacity for future use in connection with !he development
of sources, treatment and distribution of irrigation water, and, wi!hout limiting the generality of
the foregoing, includes dams, wells, metem, reservoirs, storage tanks, lines, valves, pumping
stations, laterals and pipes constructed or installed for the purpose of carrying irrigation water
to the premises connected with such system: also includes all real and personal property and
any interest or rights therein, easements, and francmses of any nature whatsoever relaùng to
any such system and necessary or convenient for the operation thereof.
Irrigalion Waier: Potable, reclaimed and/or supplemental water artificially applied to lands to
meet the water needs of growing plants; excludes rainfall.
Lateral Sewer: A sewer that discharges into a branch or other wastewater system and has only
building wastewater tributary to it.
10
Agenda Item No, 80
May 11 , 2004
Page 14 of 75
wc: Collier County Land Development Code.
Looping of Water Main: Interconnection of a development's potable water main(s) to
minimize dead ends to promote the flow of potable water throughout a project and/or
development.
Master Meter: A radio read water meter that measures the total gallons of water used in a
specific project, development or portion thereof other than service to separate, individual units.
Master Pumping Station: A pumping station that has gravity flow or force mains from other
Master Stations or Submaster Pumping Stations pumping into it, which then pumps into another
Master Station or into a force main that pumps to the Water Reclamation Facility: has standby
power.
Mewr: A device that measures the total gallons of water passing through a pipe.
Master Plan Development: A tentative plan showing the proposed development of a tract of
land for which development is to be carried out in one (I) or more stages. (See Site AJteration
Plan, Site Development Plan, and Site Improvement Plan as defined in the LOC.)
Modification Fee: Fee for revisions to County-approved construction documents, as requested
by the Engineer of Record, when such revision necessitates an additional review and approval
process. Revisions requested by the County or the District are exempt from this fee.
Non-Potoble Water: Water that is not suitable for drinking, cuJinary, or domestic purposes,
induding reclaimed or supplemental water, effluent, well. stonnwater and/or surface water.
Non-Potoble Water System: See definition under Supplemental Water System and Reclaimed
Water System.
Non-Potobk Water FaciliJy: A facility used as a source of water for irrigation, cooling, or
other approved, non-consumptive purposes. Facilities used as a source for drinking, culinary or
domestic purposes are excluded from the definition of non-potable water facility.
Ordinance: Throughout this Ordinance the Ordinance of this OrdifUJf/Ce shall include the
Collier County Utilities Standards Manual and to all documents incorporated by reference in
the Manual unless such inclusion is clearly not intended according to the context in the Manual.
Person or EnliJy: Individual, partnership, agency, association, private or public corporation,
organization, or political subdivision or the like which desires to construct potable water, non-
potable irrigation water, and/or wastewater system additions, extensions and/or improvements
and/or requires the services of the County or the District.
Potable Water: Water that does not contain objectionable pollutants, contamination, minerals,
or infective agents and is classified by law, rule or regulation as being acceptable for drinking,
culinary, or domestic purposes.
Potoble Water FaâliJy: Facility used as a source for drinking, cufinary, or domestic purposes.
Potable Water System: See definition under Water System.
11
Agenda Item No. 80
May 11, 2004
Page 15 of 75
Preliminary AccepÙJnce: Potable water, non-potable irrigation water and wastewater systems
conveyance to the Board after satisfactory completion of inspections, tests, and certifications
but not including final inspections.
Probable Cost of ConstrUction: Cost estimate prepared by the Engineer of Record for
proposed potable water, non-potable irrigation water, and/or wastewater system additions,
extensions and/or improvements which are required to be submitted to the County or the
District for review.
Project: Potable water, non-potable irrigation water and/or wastewater system additions,
extensions and/or improvements illustrated and described in the construction documents for the
development of land in the unincorporated areas of Collier County.
Publie UtilitU!s Division: A Division of the Collier County government comprised of various
deparunents including, but not limited to, the Water and Wastewater Departments. The Public
Utilities Division is responsible for the management, operation and maintenance of the Collier
County Water-Sewer District. The Public Utilities Division, together with the Community
Development and Environmental Services Division shall have the responsibility to approve
potable water, non-potable irrigation water (in dual systems) and wastewater systems requests,
as well as engineering evaluations, including, but not limited to, the design and construction of
all potable water, non-potable irrigation water, and wastewater systems eligible to be conveyed
to the Board for ownership and maintenance as outlined herein.
Reclaimed WaJer: Water from a wastewater treatment facility that has received at least
secondary advanced treatment and high-level disinfection and is used or useable for some
beneficial non-potable, non-culinary, non-domestic purpose such as irrig3Ùon.
Reclaimed WaJer System: A network of pipes, pumping facilities, and appurtenances designed
to convey and distribute reclaimed, supplemental, or a combination of reclaimed and
supplemental water to one or more users; part of County's or District's non-potable irrigation
water system. Reclaimed Water Systems referred to in this Ordinance refer to County-owned
or District owned reclaimed system pipes six inches in diameter or greater, up to and including
the master meter assembly and bacldlow device.
Record Drawings: Drawings that accurately identify the final, fixed constructed configuration
of a utilities facility and/or system, including the drainage system.
Review Fee: Fee for work incurred by the County or the District to review and approve potable
water, non-potable irrig3Ùon water and/or wastewater system construction documents and
provide inspection during and after construction of said improvements.
Reuse: The deliberate application of reclaimed water for a beneficial non-potable, non-
culinary, and non-domestic purpose such as irrigation.
Right-of- Way: A strip of land, public or private, occupied or intended to be occupied by, or for
repair of, a street, crosswalk, railroad, electric transmission line, oil or gas pipeline, stonn
drainage, potable water or non-potable irrigation water main, sanitary or stonn sewer main, or
for similar use. The usage of the tenn "right-of-way" for land platting purposes shal~ Item No. 8D
May 11, 2004
Page 16 of 75
12
every right-of-way, whether public or private, or as an easement, hereafter established and
shown on a plat is to be separate and distinct from the lots or parcels adjoining such right-<>f-
way, and is not included within the dimensions or areas of such lots or parcels.
Service: Work incurred by the County or the District to review and approve potable water,
non-potable irrigation water and/or wastewater system construction documents and provide
inspection during and after construction of said improvements. May also mean Water Service -
see detinition of Water Service herein.
Service Area: The geographical area(s) described in a Franchise Certificated Area or other
form of approval granted by the Board of County Commissioners and/or the Water-Wastewater
Authority to a utility to provide utility service within the described boundary of such area(s).
The geographical area(s) may also be referred to as "territory" or "certificated area."
Sewer Lateral: A gravity sewer pipe extending from the gravity sewer main to the customer's
point of connection at the public right-of-way or County or District's Utility Easement linùt
Sewer System: See definition under Wastewater System.
Staff or County staff: Refers to the Collier County employee(s) authorized to perfonn the
respective act or decision.
Swndards Manual or Manual: The "Collier County Water-Sewer Distriet Utilities Standards
Manual," as adopteD by the Board of County Commissioners concurrently with the 2004
Utilities Standards and Procedures Ordinance, including all of its exhibits, consisting of, but not
necessarily limited to, all technical standards, specifications, detail drawings, Utility Deviation
Forms. Water Meter Sizing and Impact Fee Fonn, Final Waiver of Liens, and Utilities
Conveyance Documents Checklists for potable water, non-potable irrigation water and
wastewater systems.
Subdeveloper: Refers to each individual or entity that develops, constructs or installs
improvements to the real property in pan of the development other than .the Developer of the
development, including, but not limited to, each such sub-<>wner, builder, contractor, promoter,
Jessee, or tenant of improvements to real estate within the development when not acting as an
agent of the developer, and after completion of such improvements, the title-holder of those
improvements is not the developer and. therefore, the developer will not nonnally have the
requisite authority to convey title of those facilities to the County or to the District without
authorization from the subdeveloper.
SublTUlSter Pumping SlaJio,,: The main pumping station of a subdivision that receives flow
from other pumping stations and/or gravity flow which then pumps into a Master Pumping
Station or County or District force main; does not have standby power.
Supplef1U!nlal Waler: Non-potable ground water, stonnwater or surface water.
13
Agenda Item No. 80
May 11, 2004
Page 17 of 75
Supplemental Water System: A system of pipes, pumps and all other appurtenances or
lXIuipment needed to collect, transport and disnibute supplemental water; part of County's or
District's non-potable irrigation water system.
Transmission Mains: Potable water mains sixteen inches (16") in diameter and larger that
distribute water over a regional or sub-regional area, and non-potable water mains six inches
(6") in diameter or greater. Also includes water mains used to transport well water from a well
to a potable water treatment plant.
Unincorporaled Area: All Geographic areas in Collier Coumy not within the boundaries of
any municipal corporation as of the effective date of Chapter 2003-353, Laws of florida. In the
context of this Ordinance all areas hereafter annexed into a municipal corporation shall remain
classified as being unincorporated to the extent that such annexed area is within the District's
then existing Service Area-
UtiliJy: Any person or business entity, lessee, trustee and/or receiver, owning, operating,
managing, or controlling a system, or proposing construction of a system, who or which is
providing or proposes to provide potable water and/or non-potable irrigation water, or bulk
water, and/or wastewater service, or any combination thereof, within any unincorporated area
of the County to the public for compensation, but excluding only the following:
a) Property used solely or principally in the business of bottling, selling,
distributing or furnishing bottled water; or
b) Such systems owned, operated, managed, or controlled by a Governmental
Agency; or
c) Manufacturer providing such utility service(s) solely in connection with its
own manufacturing operations; or
d) Public lodging establishment providing such utility service(s) solely in
connection with lodging service to its guests; or
e) Landlord or Homeowners' Association providing such utility service(s) to
their own tenants or unit owners without specific compensation for any such
utility service; or
f) Potable water system and/or wastewater system which has a rated eapacity
(at maximum day system peak) of less than 2,000 gallons per day per utility
service; or
g) Utility deriving less than fifty pereent (50%) of its revenues from
unincorporated areas of the County, with the balance derived from the
incorporated area. Any Utility which derives fifty pereent (50%) or more of its
revenues from the unincorporated areas of the County shall be subject to the
provisions of this Ordinance only as they relate to rates, fees, and charges
charged by the Utility in il~ unincorporated area(s); or
14
Agenda Item No. 80
May 11, 2004
Page 18 of 75
----
---.
h) Utility system that is then serving less than one hundred (100) customers
with non-potable irrigation water, potable water and/or wastewater service.
For the purpose of this subparagraph, a "customer" is not each individual
served. Each residence, apartment unit, condominium unit. office or other unit
of a building or structure, each mobile home, each recreational vehicle, etc., is
one (1) customer.
customers, etc.
A duplex is two (2) customers; a triplex is three (3)
i) Systems solely for tenanlS or occupants of: governmental buildings,
religious, educational or cultural institutions or facilities, or for recreational,
scicntific or institutional facilities.
j) Systems nO( owned by the Utility that are downstream from the Utility's
master meter and are operated and sub-metered by a master metered customer
of the Utility for resale to individual residential or commercial consumers
occupying property owned or otherwise lawfully controlled by that master
metcred customer.
Utility Code SubcommiJtee of the Development Services Advisory CommiJtee (DSAC): A
subcommittee of DSAC, created pursuant to Ordinance No. 95-60 to review and make
recommendations on technical, operational and other issues relating to utility matters, and to
serve as the primary communication link between the Community Development and
Environmental Services Division, the Public Utilities Division, the development industry and
the citizens and residents of the County on such matters.
Utiliiy Company: A telephone, electric, gas, cable, etc. company such as, but nO( limited to,
Rorida Power and Light. Sprint, Corneast and Time Warner.
Utility Constroction Document: See definition under Construction Document.
Utilities Performance Security (UPS): A Performance Bond, Cash Bond, Irrevocable Letter of
Crcdit, or other authorized fonn of security furnished,by the Developer to the County or the
District, prior to recording of plat or conveyance of utility facilities, for all water and
wastewater and/or other utility facilities construction to guarantee the construction,
workmanship and/or materials for the warranty period after the utility system(s) or portiones)
thereof have been conveyed to the County, District, or other appropriate Water-Sewer District,
or upon completion of the utility system(s) or portiones) thereof when construction occurs on
private property. (Refer to Sec. 8.5: Utilities Perfonnance Security.)
Wastewater. The combination of liquid and water-carried pollutants from residences,
commercial buildings, industrial plants, and institutions, together with any groundwater
infiltration, surface runoff, or leachate that may be present.
Wastewater Fcu:iliiy: The structures, equipment and processes required to treat and store
domestic and industrial wastes, and disposc of the cffluent and sludge.
Wastewater System: Any and all plant. system, facility or property, and additions, extensions
and improvements thereto at any future time constructed for acquisition as a Ml\gteAda Item No, 80
May 11 2004
15 Page 19 of 75
useful, necessary or then having capacity for future use in connection with the collection and
treatment of wastewater ~ and/or disposa! of wastewater effluent of any nature - originating
from any source, and without limiting the generality of the foregoing; includes treatment planL~,
pumping stations, lift stations, deep injection wells, valves, force mains, intercepting sewers,
laterals, pressure lines, mains, and all necessary appurtenances and equipment; also includes all
wastewater mains and latera!s for the reception and collection of wastewater from premises
connected therewim; also includes all rea! and personal property and any interest therein, rights,
easements, and francrnses of any nature relating to any such system and necessary or
convenient for me operation mereof.
Water Facility: The structures, equipment and processes required to treat and store water.
Water Service: A water service installation which includes: tapping saddle, corporation stop,
service line and radio read meter installation, meter box, wye, curbstop, and backflow
prevention device, if required, extended to property line or utility easement limit.
Water-Sewer District: See definition under Collier County Water-Sewer District.
Water System: Any and a!l plant, system, facility or property, and additions, extensions and
improvements thereto at men future times, constructed or acquired as a part thereof, useful or
necessary or having me then present capacity for future use in connection wim the development
of sources, treatment or purification and distribution of potable water, and, without limiting me
generality of me foregoing, includes dams, reservoirs, storage tanks, lines, va!ves, pumping
stations, lalerals and pipes for the purpose of carrying potable water to me premises connected
with such system; also includes a!l rea! and personal property and any interest or rights therein,
easements, and franchises of any nature whatsoever relating to any such system and necessary
or convenient for the operation thereof.
II.
Abbreviations.
ANSI - American National Standards Institute
ASTM - American Society for Testing and Materials
A WW A - American Water Works Association
BCC - Board of County Comrrrissioners
CCWSD - Collier County Water-Sewer District
CDES - Community Development and Environmental Services Division
CPI - Concrete Pipe Institute
CUE - County Utility Easement
OCA - Department of Community Affairs
DSAC - Development Services Advisory Commince
16
Agenda Item No. 80
May 11 , 2004
Page 20 of 75
ERP ~ Environmental Rcsouree Pemllt
FAC - Florida Administrative Code
FDEP - Florida Department of Environmental Protection
FOOT ~ Florida Department of Transportation
GIS - Geographic Infonnation System
LOC ~ Land Development Code
MSW - Municipal Solid Waste
NAD - North Amcrican Datum
NEC - National Electrical Code
NEMA - National Electrical Manufacturers Association
NFPA - National Fire Protection Association
NPDES - National Pollutant Discharge Elimination System
NWRI - National Water Research Institute
PE - Profcssional Engineer
POO - Public Utilities Division (can also mean Planned Unit Developmcnt)
PW A - Preliminary Work Authorization
ROW ~ Right-of-Way
SDP - Site Development Plan
SFWMD - South Florida Water Management District
SIP - Site Improvement Plan
UPS ~ Utilities Perfonnance Security
USACE - U.S. Anny Corps of Engineers
WEF - Water Environment Federation
SECTION SEVEN:
POLICIES AND STANDARDS.
7.1. Utility Service: Availability of Service from the District
7.1.1. As a requirement to Developer's submittal of construction documents, Developer shall
obtain prior written verification from the Public Utilities Division regarding service from the
District, which shall (i) ascertain the current status of utility service from the DistrictA~a Item No. 80
May 11, 2004
Page 21 of 75
17
identify restrictions, if any, of availability of sueh serviec(s); and (iii) provide pertinent facts
regarding location and availability of District's existing and/or then proposed District utility
system(s). The Division shall respond in writing to all such requests.
7.1.2. Service From the District Not Readily Available. Service from the District is not "readily
available" exeept to the extent that the extension of the District's utility facilities is then a
planned five-year capital improvement program in the then current Collier County Water and/or
Wastewater Master Plan, and the respective Plan's extension to the projeet site is planned to
commenee within five (5) years or less from the time of the inquiry from the Developer to
County staff for sueh service(s). If an extension of the District's facilities to the respective
project is planned to commence within five (5) years according to the then applicable Master
Plan, but the applicant desires that such then planned time schedule be accelerated in time, the
Developer may negotiate a utility facilities extension agreement with the District, (whieh
agreement may include upsizing provisions.
7.1.3. Development Project Extending Its Utility Facilities to the District's System if
Connections to Interim Facilities are Not Available. If the District's respective utility system
does not have access "readily available" to serve the respective project in the District's service
area (as such service availability is then specified in the respective Master Plan as described
herein), extensions of the project's utility facilities to the District's infrastnIeture will be
required unless interim service is available from another utility as specified below. No such
extensions shall be any responsibiJity of the County or the District, fiscally and otherwise (time
and schedule) and such facilities must be dedicated to and accepted by the District at no cost to
the District before any such respective utility service from the District commences.
7.1.4. Interim Service Provided By Another Utility Service Provider Until District's Facilities
May Become Available. If it is determined by the County staff, in consultation with
representatives of the project desiring the utility serviee(s), that neither of the above-stateð two
(2) alternatives (extension of the project's utility facilities to the District's system, or a utility
facilities extension agreement to extend the District's facilities to the project earlier than
contemplated in the then applicable Master Plan) is feasible, only interim service from another
utility (governmental, municipal or private) can be authorizeð by the Public Utilities
Administrator or designee by means of agreement The Utility Administrator or designee on
behalf of the District may authorize the other utility to provide interim service to the project, in
accord with paragraph 10 of Section 5 of Chapter 2003-353, Laws of Rorida, the District as a
matter of that Law cannot and shall not approve any expansion of any permanent utility
facilities from any such other Utility or utility service provider into or within the District's then
existing service area. No sueh extension shall be any responsibility of the County or the
District, fiscally and otherwise (time and schedule). Each such interim service agreement
(between the project and the other Utility or utility service provider) must be executeð by the
other utility or service provider, by authorized representatives of the project to be served, by the
District and by the Board.
7.1.5, Interim Utility Facility. Provided (a) the Project Extending Its Utility Facilities to the
District's System is not feasible, and (b) Interim Service From Another Utility or other service
provider is not feasible, and (e) a utility facilities extension agreement (Form I) is not feasible,
Agenda Item No. 80
May 11, 2004
Page 22 of 75
18
and provided the proposed Interim Utility Facility/System is then a lawful use at the project site
(in accordance with the County's LDC and all applicabJe Jaws, ordinance, rules, regulations,
and relevant written agreements, if any), the project's representatives may apply to staff to
request authorization for an Interim Service FaciLity/System by entering into an Interim
FaciLity/System Agreement (see Standard Form I, herein below). Each such service agreement
must be executed by auù1Orized representatives of the project to be served by the Interim Utility
Facility, by the District and by the Board.
7.1.6. Adequate Public Facilities Letter. In the event the proposed development is outside the
service area of the CCWSD, but within the then Certificated Service Area of any another Utility
or utility service provider, that Utility or utility service provider shall submit an Adequate
Public Facilities Letter to CDES. That Letter must prove that prompt availability of such
service is available to adequateLy provide the utility service(s) and must demonstrate that the
entity can and will provide service to the proposed development in accordance with Chapter
64E-6 F.A.C. for water and wastewater service systems having a capacity not exceeding 10,000
GPD; also in accord with Chapters 62-550 and 62-555 F.A.C. for water systems having a
capacity of greater than 10,000 GPD, and/or with Chapter 62-600 F.A.c. for wastewater ----
systems having a capacity of greater than 10,000 GPD. The Adequate Public Facilities Letter
must clearly describe the type and capacity of the utility services that is available in accordance
with the then existing standards in Chapter 64E-6 F.A.c. or Chapter 62-600 F.A.c., as
applicable, and must include all restrictions or requirement~ the Utility (or service provider)
may have regarding the issuance of a binding written commitment for such service(s) to the
proposeD project. In the event that potabJe water, non-potable irrigation water andlor
wastewater service is not readily available to fully serve the proposed project, it shall be the
Developer's responsibility to extend and/or improve such service so that such service(s) can be
utilized, or clearly and fully detail the steps that will be taken 10 be served with interim utility
services. All F.A.C. provisions referred to herein that are renumbered shall be fully applicable.
Refer also to this Ordinance's Definition of Adequate Public Facilities Leiter, which is
incorporated herein. The CDES Administrator or designee may require additional information
from the Utility (or other service provider) in addition to the Adequate Public FaciLities Letter,
whereby the Utility (or other service provider) must prove to staffs reasonable satisfaction that
the required service(s) are readily availabJe and will be provided promptly. U requested by
staff, the other Utility (or service provider), at no expense to the County, shall promptly provide
staff with a capacity analysis report for such utility service(s), as well as such other additional
information as may be requested by staff. The burden of proof is on the Utility or service
provider.
7.2. FDEP Pennits.
7.2.1. With respect to development andlor release of FDEP Construction Permit Applications
from the Community Development and Environmental Services Division, written approval
from the Engineering Review Services Department Director (County Engineer) or designee of
the utility portion of the construction document~ for the potable water, non-potable irrigation
water and/or wastewater system(s) or portion(s) thereof is mandatory before the County or
District executes and releases applications for any required FDEP permits. Prior to
commencement of construction, FDEP permit must be issued.
With respect to devel\;>pment qf , N 80
Agenaa tern o.
May 11, 2004
Page 23 of 75
19
and/or construction activitics for an interim utility system, the Developer may obtain executed
FDEP pennit applications prior to Engineering Review Services Department Director (County
Engineer) final written approval of construction documents. Under no circumstances shall
construction commence with regard to the interim utility system until the construction
commencement criteria in Section 8.6 herein have been satisfied. With respect to those service
areas outside the CCWSD, copies of all approved FDEP construction and operating pcnnits
shall be submitted to the County or District immediately upon issuance and receipt.
7.2.2. Wjth respœt to the FDEP Cenification of Complction of Construction fonDs, the
Engineering Review Services Depanment Director (County Engineer) or designee will have the
fOnDS executed by the Public Utilities Division after they receive the Preliminary Inspœtion
approval letter during the Preliminary Acceptance process. The Engineering Review Services
Deparunent Director (County Engineer) or designee will release the forms after review and
approval of the required Utility Conveyance Checklists items in the Standards Manual per
Preliminary Conveyance Policy.
7.3. Design and Perfonnance Standard Manuals and Publications.
The minimal, but mandatory, utility design requirements of this Ordinance are established by
the most recent technical standards, procedures and criteria as set fonh in the latest edition(s) of
the publications and standards listed in the Standards Manual. The minimal, but mandatory,
utility design requirements set fonh in the Standards Manual are incorporated herein and are,
thereby, an integral pan of this Ordinance. Deviation from the established criteria, as set fonh
in the Standards Manual, is not precluded, provided that, the Engineer of Record shall provide,
for County Water or Wastewater Director review, a design Deviation based on such rational
criteria that promotes, protects, and/or improves the public's health, safety and welfare and
upon such showing, receives the County's or District's prior written approval. Neither County
nor District approval shall be granted to any proposed design that jeopardizes the public health,
safety and welfare, or that would result in a system perfoffi1ance less than that which would be
provided to the public by adherence to the recognized and accepted industry standards set fOM
in the manuals/publications listed in the Standards Manual.
20
Agenda Item No. 80
May 11, 2004
Page 24 of 75
7.4. Owner's Responsibilities to Maintain or Repair Interim Utility Facilities.
Project developers, their successors, or assigns, that own the respective interim utiJity facilities
and/or system(s) shall be responsible to maintain, repair and/or replace all interim facilities
and/or systems, induding all costs, if any, incurred by the County or District to maintain and/or
repair interim utility facilities in compliance with this Ordinance and with all applicable
standards and regulations, including FDEP potable water and/or wastewater quality regulations
and other regulations. Such costs shall be borne by the Developers, their successors, or assigns
of such facilities and/or systems, including homeowner's associations and similar associations,
as applicable, and shall run with the land (where such faeiJities and/or system are located) until,
if and when, the interim facilities and/or interim facilities are connected to the Collier County
Water-Sewer District's system.
7.5. Construction Observation and Inspection
See Subsections 9.1 and 9.4.
7.6. Utilities Conveyance and Acceptance.
The transfer of ownership of any utility facility, including any interim utility facility, to the
District shall comply with the requirements of law, as set forth in the Florida Statutes, and
applicable County Resolutions. (Refer to Section 10: Utility Conveyance Procedures herein.)
7.7. UtiJity Easement.
7.7.1. All uses of Collier County Utility Easements (CUE) shall be in accordance with this
Ordinance or other Board approved uses and shall be for the exclusive sub-surface use of the
Board or other County or District approved uses. All CUEs shall comply with relevant LOC
requirements, unless specifically authorized to do otherwise in writing (in the form of a Utility
Deviation Form) by the Public Utilities Division Administrator or designec(s). Any use, other
than service crossings, of a CUE that is not authorized by the County or District andJor
approved by the Board is prohibited. Any use of a CUE that creates a hazard or potential
hazard to the potable water, non-potable irrigation water andJor wastewater systcm(s) or
portiones) thereof or to the employees of the BoardlCounty/CCWSD in the performance of their
duties is prohibited. Private road right-of-ways with CUE overlays are exempt from the
exclusive use provision, however, all design setback and construction requirements of the
Ordinance shall be adhered to.
7.7.2. Privately-owned utilities may be allowed within a CUE, subject to prior approval by the
Engineering Review Services Departtnent Director (County Enginecr) or designee with
coordination with the TranspoI1ation Services Division and/or the Public Utilities Division, and
provided that such privately-owned utility does not hinder operation and/or maintenance and/or
repair activities and does not create an unnecessary financial burden to the rate paycrs of the
District. Aboveground improvements such as, but not limited to, paved parking, decorative
walls and/or landscaping may be permitted to be installed within a CUE by the grantor, its
successors or assigns. However, all costs and expenses of any and all repairs, replacements,
maintenance and restorations of all such improvements shall be the sole financial responsibility
of the grantor, its successors or assigns. These cost obligations shall be dearly st~~~~ Item No. 80
May 11, 2004
21 Page 25 of 75
approved plans, record drawings, and, if applicable, in the Home Owners' Association
documents but failure to state such obligations shall not affect these obligations.
7.7.3. Combined water-wastewater casements shall be agreed upon on a case-by-casc basis,
dependent on depth of lines and shall not be combined, unless and until approved by the
Engineering Review Services Department Director (County Engineer) or designee.
7.7.4. Width of Easements.
a) Minimum width of potable water main, force main, and/or non-potable irrigation
main easements shall be fifteen (15) feet.
b) Minimum width of gravity wastewater easements shall be twice the depth of the
bottom of the line or fifteen (15) feet, whichever is greater, and
c) Lift station easements shall be at least twice the depth by twice the depth of the lift
station inside-of-wetwcll bottom or thirty (30) feet by thirty (30) feet, whi~hever i!;-
greater; and
d) Combined water-wastewater easements shall be agreed upon on a case-by-case
basis, dependent upon depth of lines.
e) In the event that the CUE(s) do not provide the County/District with full, adequate
physical access to the respective utility facilities, the County must be provided with
other written rights of physical access to such utility facilities.
I) For Well Easements, refer to the LOC.
7.8. Building Permits - Connection Fees and Charges.
County shall not approve the issuance of a building permit until the utility construction
documents, together with the associated Plat, have been reviewed and approved pursuant to the
LOC, and all appropriate potable water, non-potable irrigation water and/or wastewater system
impact fees, connection fees and the County's costs or District's costs, if any, of making
emergency repairs or maintenance to the Utility Facilities before Final Acceptance of the
Utility Facilities have been paid. The Developer shall be responsible for coordinating
development activities with the County, and shall ensure that all necessary utility construction
documents, plats, etc., are submitted for review and approval. Temporary use permits shall be
exempt from the utility construction document approval requirement prior to Building Permit
approval, unless specific conditions preclude such exemption.
7.9. Certificates of Occupancy.
A Certificate of Occupancy shall not be issued for any structure prior to preliminary acceptance
of all potable water, non-potable irrigation water and/or wastewater systems required by this
Ordinance or the LOC.
SECTION EIGHT:
CONSTRUCTION APPROVAL AND DOCUMENT
SUBMISSIONS.
22
Agenda Item No. 8D
May 11, 2004
Page 26 of 75
8.1. General.
This section establishes the County's or District's minimum requirements, pursuant to, or ill
addition to, the minimum LDC requirements for the submission of the following construction
documents by the Developer, Owner and/or Contractor, for County or District review; however,
the Engineering Review Services Department Director (County Engineer) or designee or
District staff may require additional data, as the County or District staff deems necessary, in
order to complete its review of:
a) Potable water, non-potable irrigation water and/or wastewater system(s) or
portiones) thereof for projects proposing to connect to existing potable water, non-
potable irrigarion water, and/or wastewater systems; and
b) Potable water, non-potable irrigation water and/or wastewater systcm(s) or
portiones) thereof for projects proposing to be served by interim potable water, non-
potable irrigation water and/or wastewater treatment systems.
Where practical, as detennined by the County staff during the plan review process, potable
water distribution main extensions shall be looped to County (District) potable water
transmission mains. Water distribution mains at cui-de-sacs, if not looped, shall have a
flushing device at the end of the line.
8.2. Construction Documents.
8.2.1. Prepararion of Construction Documents.
Construction drawings and technical
specifications for the construction, extension and/or modification of potable water, non-potable
irrigation water and/or wastewater systcm(s) or portiones) thercof shall be prepared by, or under
the supervision of, and shall be certified by, the Engineer of Record, a Professional Engineer
licensed to practice in the State of Florida, under Chapter 471, Florida StatuleJ.
8.2.2. Pre-submittal Conference. It is required that prior to initial submission 10 County staff of
construction documents, the Owner, Developer or authorized agent, (the "applicant") confer
with the Public Urilities representative and Community Development and Environmental
Services representative to obtain infonnation and guidance, and to initiate an infonnal
preliminary review, pursuant to the LDC, as may be amended, before substantial commiunents
of time and/or money are made in preparation and submission of further documentation.
8.2.3. Submittals. Unless instructed otherwise at the Pre-submittal Conference, initial submittal
of construction documents, together with any supportive materials, shall be submitted to the
Community Development and Environmental Services Administrator or designee and shall be
accompanied by a descriptive cover letter. Such cover letter shall contain, but not be limited to,
the following:
a. Project Name.
b. Location of Project.
c. Type of utility construction proposed.
23
Agenda Item No. 8D
May 11, 2004
Page 27 of 75
d. Estimated number of potable water, non-potable irrigation water and wastewater
users to be served by the proposed construction.
e. Explanation of what action the County or District is being requested to take
regarding the materials submitted.
f. List of documents attached.
g. Engineer's Report - A concise report summarizing the proposed construction
including connections, phasing, assumptions. and estimated total flows.
8.2.3.1. In the event the proposed construction is part of a proposed subdivision development
and plat review process, applicant shall addilionally follow, unless otherwise set forth herein,
the "Development Requirements" procedures set forth in LDC, as then amended.
8.2.3.2. The County requires complete data and information with this initial submission in order
to efficiently provide the necessary review. For this reason, a "standard transmittal" form will
not be acceptable for the initial submission. However, transmittal forms may be utilized for the
subsequent submittal of revised documents, additional items requested by the County staff and
other information pertinent to the review and approval process.
8.2.4. Schedule of Fees and Charges. The Board shall by Resolution establish a Schedule of
Fees and Charges for construction plan review and inspection services. The Schedule shall be
posted in the Division of Community Development and Environmental Services. The
Resolution shall be filed with the Clerk to the Board. The Schedule may be revised pursuant to
standard resolution adoption and amendment procedures. The Construction Document Review
Fee shall be submitted with the construction document submission. The Construction
Document Review Resubmission Fee shall be required if the County's staff requires a third
review in addition to the initial review and one resubmission. The resubmission fee shall be
submitted at the time the third submission is made. The Construction Inspection Fee shall be
submitted prior to the final construction plan approval. The Construction Document
Modification F~ shall be submitted upon written request by the County staff prior to final
approval of the modifications requested. The Developer shall be responsible for the payment of
all fees identified above.
8.2.5. Plans. Specifications and Cost Estimate. The Engineer of Record shall furnish complete
sets of the construction drawings and technical specifications (Engineer's Report) as required
by the Community Development and Environmental Services Division (a set of bound
technical specifications shall be provided for Community Development's master file if not
already done so), Construction drawings shall be prepared on standard size 24" x 36" shecL~.
Technical specifications (the Engineer's Report) shall be typewritten on 8-112" x II" sheets and
bound in an acceptable manner. Technical specifications (the Engineer's Report) shall include
an estimate of probable construction costs, prepared by the Engineer of Record, which contains
a summary of quantities and estimate of installed cost for the potable water, non-potable
irrigation water and/or wastewater system(s) or portiones) thereof proposed for construction.
The cost estimate shall be prepared by the Engineer of Record and submitted in itemized fonn
to include the cost of all required improvements and/or the contract bid price for all work
Agenda Item No, 80
May 11 , 2004
Page 28 of 75
24
necessary to complete the required improvements. Incorporation of technical specifications
into the construction dnlwings, in ]jeu of a separate set of written specifications as described
above, shall not be acceptable.
The construction documents shall be submitted to the
Community Development and Environmental Services Administrator or designee for review
and written approval prior to the commencement of construction. The construction documents
shall include, but not be limited to:
a) Cover Sheet with Location Map
b) Site Utility Master Plan, indicating the overall site development and all proposed
utility additions, extensions and/or improvements including easements, with references
to the appropriate plan and profile sheets. If phasing of thc project is proposed, phases
shall be indicated on this drawing. For proposed points of connection to existing
potable water. non-potable irrigation water and/or wastewater systems, the site utility
plan shall indicate the method and materials to be used. Actual location of existing
sewer mains and/or laterals, potable water lines and non-potable irrigation _wat_er_lines
and/or stubs shall be shown, where applicable.
c) Identification of i neli vidual lots for subdivisions and/or builelings and structures for
condominiums, multi-family projects, etc.
d) For all projects, the proposed meter location(s) shall be il1ustratc~. All commercial
facilities must be metered separately from residential facilities with the exception of
those commercial facilities that are within a master metered residential development
and designed for the exclusive use of the residents within such development. Final
meter sizes shall be detennined by the Collier County Public Utilities Engineering
Department Director or designee, and the construction document shall note if water
services are to be installed by others. For preliminary meter sizing, see Consolidated
Impact Fee Ordinance No. 2001-13, as amended, superseded or consolidated.
e) All existing utility easements on the panicular property shall be shown on the
drawings. Proposed easements may be requin;d to be shown if the site working space
is confined, as detennined by County staff on a case-by-case basis- Easements required
to be shown shall be clearly labeled and shall show the width and limits. (Refer to
Section 7.7.)
I) Plan and profile sheets shall inelicate the horiwntal and vertical locations for all
potable water, non-potable irrigation water and/or wastewater additions, extensions
and/or improvements, including all appunenances, as well as other proposed and/or
existing system(s) or portiones) thereof, together with all conflicts in the same general
location. Special profile sheets shall be required when unique situations or complex
conflicts occur that cannot be clearly detailed on standard plan and profile fonDs.
Profiles shall be positioned on the sheet directly below the plan section they are
illustrating, with the exception of utilities that are not eligible to be owned and
maintained by the County or the District. For such utilities that are not owned and
maintained by the County or the District, profiles shall be provided, but do not have to
be positioned on the sheet directly below the plan section.
25
Agenda Item No. 80
May 11, 2004
Page 29 of 75
g) Potable water, non-potable irrigation watcr and/or wastewater standard details. Use
of the technical standards containcd in the Standards Manual shall be required for all
construction projects. Pavement restoration, backfill standards, compaction
requirements, etc., regarding work within the public rights-of-way or CUEs shall be
governed by the rules and regulations established by the Public Utilities Division as
outlined in the Standards Manual. Standard details involving these items shall reflcct
the requirements of the Public Utilities Division.
h) Complete Lift Station drawings, specifications, as required, and details including
shop drawings, when necessary, shall be required. A special site plan of the lift station
and appurtenances shall be provided. This plan shall contain specific details on the
configuration of the station, location of appurtenances such as electric service and
transformers, guard posts, control panel, fencing, landscaping, etc., and the proposed
location with respect to roadways, sidewalks or bike paths, driveways and proposed or
existing rights-of-way or utility easements.
---- -_u- ____n__-~----------- --- ----------
i)
Potable water and wastewater system hydraulic calculations.
j)
A symbols and abbreviations legend.
k)
A list of all County or District inspections that require 48-hour notice.
I)
A statement as to who owns and maintains the onsite potable water, non-potable
irrigation water and wastewater systems. (Refer to Section 10.4: Record Drawings
herein.)
8.2.6. Connection to Non-County Owned Wastewater Systems. When connection to a central
wastewater system, other than those owned and maintained by the County, the District, or other
appropriate Water-Sewer District, is proposed, the requirements of Section 66-2 of the Collier
County Code of Laws and Ordinances and amendments thereto shall be satisfied and shall
comply with Subsections 7.1 through 7.1.5, inclusive, herein: "Utility Service: Availability."
8.2.7. Rights-of-Way Pennits. Construction within dedicated public rights-of-way shall require
an approved permit from the appropriate governmental County, State and/or Federal agency. A
copy of the approved permit shall be submitted to County staff, prior to the project pre-
construction meeting. Utility construction within a right-of-way owned by the State of Florida,
shall require a FOOT Utility Permit. When companion FDEP permit applications must ~
obtained, they will be released for processing prior to final FDOT pennit approval, provided the
construction documents are satisfactory to the Public Utilities Administrator or designee.
8.3. Fire Control District Approval.
8.3.1. All construction drawings containing potable water distribution systems or portion(s)
thereof shall be reviewed by, and shall require written approval by, the appropriate independent
Fire Control Districts. Fire hydrant location design shall be in compliance with the LDC or
NFPA Regulations, latest edition, whichever is more restrictive. The Fire Control District shall
provide the County staff with a letter approving the number and location of the flI'e protection
facilities to serve the project. This letter shall contain an agreement by the Fire Control District
to accept the ownership and maintenance responsibilities for the hydrants after con~a Item No. 8D
May 11, 2004
Page 30 of 75
26
complete pursuant to the established ¡x)]icy of each individual Fire Control District in effect at
such time. The Public Utilities Division will be responsible for the fire hydrant lead, up to and
including the gate valve as specified in the Standards Manua!, unless the Fire Districts do not
accept ownership of the fire hydrants and leads after the isolation valve, in which ease the
entire lead and fire hydrant shall be dedicated to the District.
8.3.2. Upon completion of the potable water system construction, the Engineer of Record shall
provide to the Community Development and Environmental Services Administrator or designee
field fire-flow testing documentation by the appropriate Fire Control District that establishes
that adequate fire-flow capabilities exist. The Engineer of Record must incorporate demand
capacity and meter-sizing data establishing that the water meter selected docs pass the total
flows required by the project in the Engineer's Repon for projects that are to utilize a master
water meter to which fire hydrants shall be connected.
8.3.3. The County Water-Sewer District shall not be responsible for, and shall be held hannless
from, any damages or loss resulting from inadequate sizing of a water meter to supply fire flow
in addition to concurrent domestic demand for a particular project. Data on the meter sizing
analysis shall also be contained in a hydraulic design repon required in Subparagraph 8.2.5(i).
Per F.A.C. 4A-46.04I, the County shall not own, maintain and test fire lines ~ such ownership
is the responsibility of the applicable Fire District.
8.4. Plats.
8.4.1. A copy of the proposed plat for new subdivisions that contain potable water, non-potable
irrigation water and/or wastewater system(s) or ponion(s) thereof shall be submitted with the
construction drawings to the County staff for review and approval. All utility easements that
will be required for the potable water, non-potable irrigation water and/or wastewater system(s)
or ponion(s) thereof shaH be shown on the plat, if possible. Funher, the dedication block on the
cover sheet shall contain the following statements:
a) That all Utility Easements for potable water, non-potable irrigation water and/or
wastewater system(s) or ponion(s) thereof and Ingress and Egress rights, where
appropriate, are provided to the Collier County Water-Sewer District to install, operate
and maintain potable water, non-potable irrigation water and/or wastewater utility
systems or ponion(s) thereof within the Planed Area; and
b) Applicable potable water, non-potable irrigation water and/or wastewater system(s)
or ponion(s) thereof constructed within this Planed Area in compliance with the
requirements set forth herein shall be conveyed to the Board as the Ex-Officio
Governing Board of the Water-Sewer District upon acceptance of the additions,
extensions and/or improvements required by the Plat.
8.4.2. Final approval of construction documents for a project will not be made until the Board,
pursuant to the LDC requiremenl~, has duly approved the proposed plat. Plats submitted and
approved by the Board shall be in complete accordance with this Ordinance. Any requests for
Deviations from this Ordinance shall be clearly outlined in the executive summary, with a copy
sent to the affected Dcpartment(s). Deviations approved as part of the plat shall not be valid
unless clearly outlined in the applicant's submittal letter and a copy of such app~6)1fIa Item No. 8D
May 11, 2004
Page 31 of 75
27
Public Utilities Division Administrator or designee(s) is provided. if a plat is not re{juircd for a
specific project, the Engineer of Record shall provide documentation confirming such so that
the County staff may determine the extent of utility easements mat must be provided.
8.5 Utilities Performance Seeurity and Final Acceptance Obligations Cash Bond.
8.5.1. Notwithstanding any other provision(s) in this Ordinance, me Developer shall be required
to furnish a Final Acceptance Obligations cash bond to staff in me amount of four mousand
dollars ($4,000) and a Utilities Perfornlance Security ("UPS") in an amount equal to one
hundral and ten percent (1 ]0%) of the Engineer's Estimated Probable Cost of Construction for
potable water, non-potable irrigation water and/or wastewater system(s) or portiones) thereof or
tcn thousand dollars ($10,000), whichever is greater. The Developer shall submit the Final
Acceptance Obligations cash bond and UPS with the final construction documents. The UPS
must be approved by the Collier County Attorney's Office prior to commencement of utility
construction. The Final Acceptance Obligations cash bond shall be required, but a UPS is not
required for the construction phase of a projeet, providal development isœc-IHTÍÐg-OOnpriVate-,__. -----
non-subdivideD property, or if the UPS has been previously provided to me County or District,
pursuant to the LDC requirements. A UPS shall be required on all projects during the
guarantee or warranty period as described in this Ordinance. The Final Acceptance Obligations
cash bond is to reimburse the County or District for any and all late fees and all direct and
indirect expenses incurred by the County or District mat would not have been incurred if all
duties and responsibilities had been promptly performed by the responsible party as re{juired by
this Ordinance, including, and not limited to, Final Attorney's Affidavit, all costs of Final
Utility I.ns¡xx:tion(s), Reeording Fccs, I-Year Sewer Viewer RepoI1 and Video. eosts of mailing
or otherwise providing all notices, and emergency repairs and/or maintenance to the res¡xx:tive
Utility System conducted by the County or District wim regard to any such Utility facilities.
The minimum amount of mis Final Acceptance Obligations cash bond ean be changed from
time to time by Summary Agenda Resolution(s) of the Board of County Commissioners. Staff
may summarily waive the UPS rc<juirement when the utility facilities/systems arc being
constructe<:! by, or on behalf of, anomer governmental entity, such as, but not limited to, the
Collier County School Board, a Fire Distriet, the State of Florida or any agency thereof, or the
Government of the United States or any agency thereof.
8.5.2. Upon preliminary conveyance of utility system(s) or portiones) thereof to the County, the
Developer may request a reduction in me UPS in an amount equal to ten percent (] 0%) of the
probable cost of utility construction for the required guarantee or warranty period. For
completion of system(s) or poI1ion(s) thereof constructed on private, non-subdividal property,
a ten percent (10%) UPS shall be provided to, and accepted by, the County or District prior to
preliminary acceptance of the completed utility system(s) or portion(s) thereof. Whenever
reasonably possible, the UPS amount shall be based on the actual bid price of the potable water,
non-potable irrigation water and/or wastewater systems. Whenever a bid price is utilized, a
.-
copy of the accepted bidder's proposal form shall be submitted with the UPS. The UPS shall
be held by the County or District and shall seeure and cover the performance of the Developer
in construction and maintaining the subject potable water, non-potable irrigation water and/or
wastewater additions, extensions and/or improvements. Acceptable UPS forms shall be a
Performance Bond, Cash Bond, irrevocable Letter of Credit, or Escrow Agreement. The UPS
Agenda Item No, 80
May 11, 2004
Page 32 of 75
28
must specify that the security shaH not cease unless and until the Board has finally accepted the
Utility System(s) that are covered by the UPS. No other forn] of security will be accepted
un]ess a waiver of the requirements herein is granted by the Board. All surety companies
associated with a perfonnance Bond shall ho]d a current Certificate of Authority, as issued by
the Treasury Department., as an acceptable surety on federal bonds under an Aet of Congress
approved July 30, ]947.
8.5.3. Attorneys-in-fact who sign a Perfonnanee Bond must file with the Bond a certified copy
of their Power of Attorney Certificate. The Bond must either be signed, or countersigned by a
Florida registered agent. The surety shall be directly responsible to the County and the District
should the bond be utilized to complete any repairs or work on the proje~t.
8.5.4. The issuer of any Letter of Credit shall be a federally insured and regulated savings and
loan association or commercial bank, authorized to do. and doing business, in the State of
Florida. The place of expiry must be in Florida. Any Letter of Credit must be irrevocable for
at least twenty-four (24) months and must apply to both the construction and maintenance
obligations of the Developer and all Final Utility Acceptance Obligations, incJuding ]ate fees,
and must be acceptable to the Collier County Attorney. The beneficiary of any Letter of Credit
shall be the Board. The beneficiary of a Letter of Credit provided as a UPS shall be entitled to
draw on the Letter of Credit if:
]) The Developer has failed to construct or maintain the subject potable water, non-potabJc
irrigation water and/or wastewater improvements: or has failed to fully perfonn all Fina]
Acceptance Obligations. Final Acceptancc Obligations must be submitted to Community
Development & Environmental Services, Engineering Services Department within fourteen
(14) months following Preliminary Acceptance.
2) The Letter of Credit is scheduled to expire prior to Final Acceptance, as described in
Subsection 10.3 herein, and alternative pcrfonnance security has not been provided and
accepted in accordance with this Ordinance within three (3) business days prior to the
expiration date.
8.5.5. A final utility inspection of the subject potable water, non-potable irrigation water and/or
wastewater system(s) or portiones) thercof shall be conducted prior to release of a UPS. All
construction and maintenance obligations covered by a UPS shall be guaranteed and maintained
by the Deve]oper until satisfactory completion of the final utility inspection. To schedule the
final utility inspection, the County staff shall provide written notice to the Engineer of Re~ord,
if practicable, approximately thirty (30) days prior to the completion of the one (]) year period
from acceptance by the County, the Disnict or the Board of the system(s) or portiones) thereof.
The representatives of the County, Engineer of Record, Contractor, and Developer shall
conduct final utility inspection.
8.5.6. The Final Acceptance Obligations cash bond and the UPS shall remain, at all times, in
full force and effect until the Board approves final acceptance. Upon such approval, the
County staff shall return and release the UPS to the Project Engineer or the Developer's
designated agent and shall return the then due payment balance, if any, of the Final Acceptance
Obligations cash bond, without interest., to the entity that supplied the Final ~~~ Item No. 8D
May 11 2004
Page 33 of 75
29
Obligations cash bond. The provider of the cash bond shall be strictly rcsrxmsiblc to promptly
keep County staff advised of sufficient mailing return infonnation to facilitate return of the then
due cash bond balance. If the provider of the Final Acceptance Obligations cash bond docs not
notify staff in writing to the contrary, the Final Acceptance Obligations cash bond shall run
with the land if the land is sold or otherwise transferred in the interim and in such event shall be
returnerl to the then cUITentlandowner(s) or, if applicable, owner's of the common areas, such
as the condominium association or developer's association. If due to default of the provider of
the Final Acceptance Obligaùons cash bond, it is not possible for staff to ascertain the
refundable amount of the bond within four (4) years of the date of delivery of that cash bond to
the County and the District, the cash bond shall be forfeited to the Public Utilities Division after
deducting all then known obligations payable out of that bond.
30
Agenda Item No. 80
May 11, 2004
Page 34 of 75
8.6. Construction Commencement.
Potable water, non-potable irrigation water and/or wastewater system construction shaH
commence only after reœipt of the foHowing:
I.
(a) Final written approval of the construction documenL~, or
(b) Preliminary Work Authorization (PW A) approval as outlined in the LOC.
2. FDEP construction permits for the potable water, non-potable irrigation water
and/or wastewater systems.
3. Any other permit that may be required for potable water, non-potable irrigation
water and/or wastewater construction, including, but not limited to SFWMD ERP,
MSW, USACE Dredge-Fill, NPDES and fDOT permits.
4.
Pre-construction meeting as outlined in Subsection 9.2 herein.
8.7. Construction Document Modification.
The Engineering Review Services Department Director (County Engineer) or designee, prior to
commencement of construction, must approve all modifications to previously approved
construction documents. The Engineer of Record shall submit a Construction Document
Modification including a written technical description of all modifications, any and all
applicable fees, and revised construction drawings to the County staff for written approval prior
to construction.
SECTION NINE:
CONSTRUCI10N OBSERVATION AND INSPECTION.
9.1. General.
9.1.1. Installation of all potable water. non-potable irrigation water and/or wastewater systems
or ponion(s) thereof and/or connections to existing utility systems within the County shall be
observed and inspected by qualified professional and technical personnel as deemed necessary
by the Engineer of Record. Construction observation and inspection is required to ensure that
the system(s) or portion(s) thereof accepted by the Board have been installed in accordance
with the County staff approved construction drawings and technical specifications.
Construction observation and inspection is funher necessary to ensure that the County and the
potable water, non-potable irrigation water and/or wastewater Districts shall receive utility
systems or ponion(s) thereof that require minimum capital e:>:penditure for operation and
maintenance.
9.1.2. Under no circumstances will the County or the District accept anything less than the
following. To assure proper laying and backfilling of utilities pipes and other underground
utility facilities that can be damaged by improper laying or backfilling, a minimum of one or a
combination of the following methods shall be utilized at the election of the entity doing the
installation of the respective facilities: (i) mechanical screening of native bedding and backfill
material to a compacted height of one fOOl above top of pipe, (ii) imponing of select bedding
and backfill material to a compacted height of one foot above top of pipe, (iii) full-time
inspection during laying and backfilling to a compacted height of one foot above top P(~dá Item No, 80
May 11 , 2004
31 Page 35 of 75
(iv) certification by a geotechnical engineer licensed to practice in the State of Florida that the
native or existing soils to be encountered during the construction of the underground utility will
be suitable for use as bedding and fill material. If full-time inspection is the chosen alternative,
such inspection shall consist of on-site inspection by a non-County-govcrnment-cmployee
licensed Professional Engineer and/or qualified inspector under the supervision of the
Professional Engineer performed (at no expense to the County or District for private projects)
during the installation (laying and backfilling) of all potable water, or non-potable irrigation
water aud/or wastewater systems or portiones) thereof. Record Drawings shall state which
method was used to assure proper laying and backfilling of material.
9.2. Pre-Construction Meeting.
Upon County staff approval of a project's construction documents, and prior to Lhe
commencement of construction, a pre-construcrion meering shall be conducted pursuant to the
LOC. The pre-construction meeting shall be held in Lhe offices of the County or, if deemed
appropriate, at the office of the Engineer of Record. Representatives of the County, ~ -
Applicant(s), the Enginecr of Record, the Urility Companies, the Contractor and the Devcloper
shall attend the pre-construction meeting, unless waived by the County staff. At the pre-
construction meering, a schedule of construcrion activiries and copies of all applicable state and
federal permits shall be provided to the County representative(s). At least forty-eight (48)
hours written notice shall be provided for scheduling the pre-construction meeting with the
County staff. Should any urility construction commence prior to the pre-construcrion meering,
the County staff shall have the right to require partial or full exposure of all completed work for
observation, inspecrion and verification that uriliries were installed in accordance with the
approved construcrion documents and technical specifications. The Owner, Developer or
authorized agent shall notify the County staff in writing of which one or a combination of the
following methods will be used to assure proper laying and backfilling of utilities pipes: 1)
mechanical screening of native bedding and backfill material LO a compacted height of one foot
above top of pipe, 2) importing of select bedding and backfill material to a compacted height of
one foot above top of pipe, 3) full-time inspection during pipe laying and backfilling to a
compacted height of one foot aboye top of pipe, or 4) cecùfication by a geotechnical engineer
licensed to practice in the State of Florida that the native or existing soils to be encountered
during the construction of the underground utility will be suitable for use as bedding and fill
material.
9.3. Construction Scheduling.
,-
All potable water, non-potable irrigation water and/or wastewater system construction in right-
of-way areas, including pressure testing and sewer lamping, shall be completed in accordance
with the approved construction plans and technical specifications prior to proceeding with thc
stabilization of the roadway sub-grade. Installation of improvements that would complicate
correcrive work on the potable water, non-potable irrigation waLer and/or wastewater system(s)
or portiones) thereof, shall be considered in scheduling all adjoining and/or related phases of the
construction. The County staff shall be notified within twenty-four (24) hours, with written
follow-up, of any problems and/or conflicts with the construction of the addirions, extensions
and/or improvements as they affect the completion of the proposed system(s) or pocùon(s)
thereof in accordance with the approved construction plans and technical speciiication!l, It N 80
Agenaa em o.
May 11, 2004
Page 36 of 75
32
Failure !O comply with this regulation shall constitute just cause for the issuance of a Stop
Work Order by the County staff and the County staff shall have the right to require partial or
full exposure of any related work which has been completed, in order to observe, inspect, and
verify that the utilities were installed in accordance with the approved construction plans and
technical specifications.
9.4. Construction Observation and Inspection.
9.4.1. General.
Pursuant to the F.A.c., Chapter 62-555.533, the construction of potable water and/or
wastewater system(s) or portion(s) thereof requires a Professional Engineer ("P.E.") to certify
that the construction was completed in accordance with the approved construction plans and
technical specifications. The certification must be based upon on-site observation of
construction; therefore, all potable water, non-potable irrigation water and/or wastewater
systems construction shall require on-site construction observation in compliance with the LDC
and F.A.C., Chapter 62-555.533, as may be amended hereafter. The construction observation
shall be performed by a P.E. licensed to practice in the State of Florida or a designated
technical representative under the P.E:s direction.
The P.E.'s certification of construction compliance with County staff approved construction
documents verifies that the potable water, non-potable irrigation water and/or wastewater
systems or portion(s) thercof have been constructed in accordance with Record Drawings.
Refer to Section 10: Utilities Conveyance Procedures.
9.4.2. Construction Inspections by County Representatives.
9.4.2.1. Upon final writtcn approval of construction documents by the County staff, the
Engineer of Record shall be provided with a list of standard inspections that require the
presence of a County representative. All required inspections shall be identified in the
County's staff's approval letter for the project. The Engineer of Rccore! or applicant's
contractor shall be responsible for requesting County inspections based upon the scheduling
and progress of construction. Requests for inspections shall be provided to the County staff at
least forty-eight (48) hours prior to the requested inspection to allow scheduling of the County
Inspector. Verbal confinnation of the inspection time or a request to reschedule the inspection
shall be made by the Engineer of Record. During the County inspection, the Engineer of
Recore! or hislher designated representative shall be available on-site.
9.4.2.2. Routine County inspections shan be perfonned without notice on all potable water,
non-potable irrigation water and/or wastewater systems construction to ensure compliance with
County approved construction documents. In the event the County Inspector, or an employee
of the Public Utilities Division, during an on-site inspection, finds construction in progress
which does not comply with the procedures and policies contained herein and/or the approved
construction documents, the County Inspector, or employee of the Public Utilities Division
shall have full authority to issue a Stop Work Order. Such Stop Work Order shall remain in
full force and effect with respect to the non-compliant work until the documented discrepancies
have been corrected to the full satisfaction of the Public Utilities Division. Construction-related
inspections, where applicable, shall include, but not be liuùted to, the following:
33
Agenda Item No. 8D
May 11 , 2004
Page 37 of 75
a) Hot taps to potable water lines larger than 6" and wastewater systems lines b'Tcater
than 4",*
b) Master meter and bypass piping.
c) Jack & Bore casings.*
d) Pressure tcsts.*
e) InfillrationJExfiltration tests.*
f) Lift station installation, prior to covcr-up and start-up.*
g) Lift station start-up. *
h) Lamping of sewer lines. *
i) Pigging and flushing of wastewater lines, force mains, potable water mains and non-
potable irrigation lincs. * Note: full bore flushing and pigging of potable water lines
necd only Water Department inspection.
j) Television video taping of wastewater lines at cnd of construction and the warranty
period ("in-office review").
k) Conflict construction.*
I) Connections to existing potable water, non-potable irrigation water and wastewater
systcms.*
01) 8" diameter or larger casing installations.*
n) Othcr special requircments as specified by the County staff at the time of
construction document approval.
0) Chlorination of water lines and reflushing of line after chlorination (necd~ only
Water Department inspection only), *
p) Installation of temporary meterslbackf1ows. *
q) Bacteriological sampling (needs Water Depanment inspection only).*
r) Hot taps to any water concrete mains, pres~1JIe tests on lines 20" and greater, and
connections to existing potable systems greater than 12" need to be inspected by the
Water Department and CDES.*
s) Fire flow testing.
* An inspector on behalf of the County or other qualified employee of the County must be
present during inspections marked with an asterisk.
9.4.3. Preliminary Inspections.
A preliminary inspection of the completed system(s) or portion(s) thereof shall be required
prior to any conveyancc to and acceptance by the Board. During this inspection, the utilities
wiJI be checked for compliance with the approved construction drawings and/or approved
revised construction drawings. All systems must be found to be in full compliance with the
County-approved construction drawings, or County-approved revised construction drdwings,
prior to conveyance to the Board for acceptance. Refer to Section 10: Utilities Conveyance
Procedures.
34
Agenda Item No. 8D
May 11, 2004
Page 38 of 75
9.4.4. Final Utility Inspections.
9.4.4.1. Final Utility Inspections proccDures run with all land in, on or over which the
rcspectivc utility facilities havc heen installcd (constructed). The final utility inspection shall
be conducted no earlier than one (I) ycar and no later than one (I) year and sixty (60) days after
preliminary acccptance of the utility system(s) or portiones) thereof by the Board. Each final
utility inspection shall be delinquent (overdue) if not completed and passed within fourteen (14)
months after that acceptance date. During this inspection, the utility system(s) or portiones)
thereof shall be examined for any defect in materials and/or workmanship, and for physical and
operational compliance with the County staff approved Record Drawings. The UPS shall
remain in effect until all Final Utility Acceptance Obligations have been satisfactorily
completed, passed and final acceptance has been granted by the Board. Refer to Seetion Ten:
Utilities Conveyance Policies and Procedures.
9.4.4.2. Delinquent Final Utility Inspections. Staff shall provide written notice of overdue final
utility inspections and other failures 10 comply with final utility inspection requirements,
including all Final Utility Acceptance Obligations. The notice shall allow sixty (60) days after
receipt of the notice to comply fully with all final acceptance procedures. Any utility facilities
that have not passed all Final Acceptance Obligations not later than sixty (60) days after reeeipt
of the notice shall subject the service site and all units served by the utility facilities to all
penalty provisions of this Ordinance, including withholding of all additional County pennits,
pennissions and authorizations regarding those sites and units, including, but not limited to, site
development or site improvement plans, construction pennits, and/or any amendments to any of
the same. Subject to staff providing the notice, these provisions apply to final utility
inspections that were delinquent prior to the effective date of this subsection.
SECTION TEN:
UTILITIES CONVEYANCE POLICIES AND PROCEDURES.
10.1. General.
All Utility Facilities to be convcycd to thc County or District, at thc time of conveyance to the
County or the District must comply with this Ordinance and with all then applicable standards
and specifications. Nothing in this Ordinance requires that the County or the District must
accept title to or any responsibility for any utility facility, including each Interim Facility or
Interim System, until the facility or system has then reeeived all proper penrutslliccnses from
all applicable agencies prior to and during the construction, expansion, repair and/or
maintenance or completion of each such utility facility or Interim Utility Facility or Interim
System and the facility, Interim Facility and/or Interim System, then complies with all
applicable rules and regulations of all Federal, Florida and/or local regulatory authorities or
agencies, and of this Ordinance, the Utility Standards Manual and all of the documents then
incorporated by reference in that Manual, and each such facility, Interim Facility and/or Interim
System is not then under litigation, enforcement action, elaims and/or liens prior to the transfer
and/or entering into a Facilities Agreement associated with the District or other independent
District Utility. Subject to these requirements, potable water, non-potable irrigation water
and/or wastewater systems or portiones) thereof, after Public Utilities Division approval (if
applicable), shall be offered to be conveyed to and accepted by the Board. The Board will
accept title to the offered facilities unless in the specific instance there exists good reason not to
accept title to such facilities.
Preliminary acceptance shall, after Public Utjlitie1\§~Mà Item No. 8D
May 11 , 2004
35 Page 39 of 75
approval (if applicable), be granted by the Community Development and Environmental
Services Division Administrator or designee. Upon approval from the Public Utilities Division,
final acceptance of such facilities andlor system may be approved by the Board (subsequent to
the one (I) year warranty period) and after all Final Acceptance Obligations and requirements
have been complied with. All facilities and/or systems shall be located within a CUE (or public
right of way) if they are to be owned, operated and/or maintained by the County or the District
Neither the County nor the District shall have no duty with regard to, or any responsibility for,
any utility facilities until title to such utility facilities has been finally accepted by the Board.
Notwithstanding that neither the County nor the District has any duty with respect to such
facilities or systems, in the event that County staff deems that due to necessity (emergency) the
County or the District should expend money and/or perfonn labor to repair, replace, maintain,
relocate, remove or have a contractor or other entity perfonn any other similar activity with
regard to such utility facilities or system, thc Board is authorized to record a claim of lien
against the property, site(s) or units(s) that were responsible for such utility facilities (or
system) at the time the County staff deemed it necessaty to act.
] 0.1.]. Potable Water Line Acceptance.
The Board may accept title to a potable water distribution system provided all pipes to be
accepted are six inches (6") or greater in diameter, and may accept title up to and including the
water meter anù/or backflow prevention devicc. All such facilities must be located within
acceptab1c CUE(s) conveyed to ilie County (refer to Section 7.7.4 for easement width)
and/or lawfully located within public right-of-way. Neither the County nor the District
shall accept title to, nor responsibility to repair or maintain, any dedicated fire line irrespective
of the size of the lire line.
10.1.2. Gravity Sewer Line Acceptance.
The Board may accept title to a gravity wastewater collection system provided all pipes to be
accepted are eight inches ("8") or greater in diameter. All such facilities must be located within
acceptable CUE(s) conveyed to the County (refer to Section 7.7.4 for easement width) and/or
lawfully located within public right-of-way. The County will accept owneC!ihip of these
facilities only from a manhole or cleanout located at the property line of the facility (project)
running to the main wastewater gravity collection system. The minimum acceptable as-built
slope shall not deviate by more than 10% below the allowable slope.
10.1.3. Lift Station and Force Main Acceptance.
The Board may accept title to a wastewater collection system, including force mains and/or lift
station(s), provided all pipes to be accepted are four inches (4") or greater in diameter. All such
facilities must be lawfully located within acceptable CUE(s) conveyed to the County (refer to
Section 7.7.4 for easement width) and/or lawfully located within public right.of-way.
10.1.4. Non-Potable Irrigation Water Main Acceptance.
]0.1.4.1. The Board may accept for owneC!ihip, operation and maintenance non-potable
irrigation water transmission systems with pipes six inches (6") or greater in diameter,
including the master meter assembly, that are lawfully located within acceptable cuE(s)
Agenda Item No. 80
May 11, 2004
Page 40 of 75
36
conveyed to the County (refer to Section 7.7.4 for casement width), or lawfully located within
public right-of-way. The Board shall not accept for ownership, operation and maintenance any
internal non-potable inigation systems that are downstream of the master meter assembly.
10.1.4.2. All projects requiring inigation shall provide a non-potable irrigation water
distribution system with Pantone Purple 522C piping, and such system shall be available to be
connected to the County (or District's) system when County's (or District's) reclaimed system
is available to service the project. Owner(s) shall bear the sole responsibility of all costs
associated with any additions, extensions and/or improvemenl~ necessary to allow connection
to the County's (or DislIÌct's) non-potable irrigation water mains.
10.1.4.3. Exceptions to subsections 10.1.1 through 10.1.4.2. Notwithstanding subsections
10.1.1 through 10.1.4.2., the County or the District may accept title to, or responsibility with
regard to such facilities if in the specific instance the Public Utilities Administrator or designee,
for aniculated reasons, determines in writing that (i) it is in the County's or the District's
special interest, (ii) all exceptions are the public interest, (iii) there are compelling reasons for
the excerptions and (iv) each exception is reasonably necessary.
Each exception to any
easement requirement shall be granted only through the Application for Deviations Process.
10.2. Conveyance Documents.
Upon the County's (or DislIÌct's) final approval of construction documents, Engineering
Review Services Department Director (County Engineer) or designee shall provide the
Developer with the County's checklist (see Standards Manual Appendix) of conveyance
documents required for submission at the time the constructed system(s) or portiones) thereof is
considered for dedication to County or DislIÌct.
I) All conveyance documenL~, including but not limited to, Deeds, Bills of Sale,
Affidavits,
Easements,
Facilities
Agreements,
Subonlinations,
Master
CondominiumIHomeowner's Association documents, Letters of Credit and UPSs, shall
be in a form acceptable to the Collier County Attorney. A sehedule of standard legal
document forms, approved by the County Attorney, shall be utilized as a guide in the
preparation of conveyance documents. (Refer to Appendix A of this Ordinance and
Appendix D of the Standards Manual.) Revisions to standard legal document forms as
provided herein shall be reviewed and approved by the County Attorney prior to
submittal to the Community Development and Engineering Services Division.
2) Each instruction in the Appendix of this Onlinance is a substantive provision of this
Ordinance that must be complied with unless waived in writing by the reviewing
Assistant County Attorney with regard to the specific document in the specific
instance, and subject to such conditions as may be required by that Attorney.
3) All documents shall be submitted to the Engineering Review Services Department
Director (County Engineer) or designee for review and written approval prior to
preliminary acceptance of the utility system(s) or portiones) thereof and
commencement of service. Reconling of all documents shall be made by the County
only after written acceptance by the Community Development and Environmental
Services Administrator or designee. All documents recorded hereafter, which do not
follow this procedure, shall be returned as "unacceptable."
37
Agenda Item No. 8D
May 11, 2004
Page 41 of 75
4) For projecL~ where the potable water, non-potable irrigation water and/or wastewater
systems or portiones) thereof are not conveyed to Ùle Board, the Record Drawings shall
contain a disclaimer stating: "On-site potable water, non-potable irrigation water and/or
wastewater systems shall be owned, operatcd and maintained by the Master
Condominium/Homeowner's Association, its Successors or Assigns" (or other
comparable private ownership). Refer to Subsection 10.4: Record Drawings.
5) The applicant is strictly responsible to keep staff promptly notified of current and
correct mailing addresses. Until the utility facilities being conveyed are finally
accepted by the Board, the applicant shall inform County staff in writing (to the address
of 2800 N. Horseshoe Dr., Naples, FL 34104, Attn: Engineering Services) of each and
cvery change to Ùle applicant's street address, mailing address, and/or telephone
number(s)- Such notice to staff shall not be effective unless receipt of such notice is
acknowledged in writing by staff and such receipt is presented to the County staff by
any individual or entity asserting that such notice had been delivered to staff. Absent
such written acknowledgement of receipt of the specific notice by staff, staff is
auÙlorized to mail or otherwise deliver letterS andJorother notiœ(s) t()ctbe ~,c . ,c~---_c.~c_-
address of the applicant as such address is then indicated in Ùle respeetive utility
conveyance documents file for that applicant, and such mailing shall be effective notice
to the applicant pursuant to Ùlis Ordinance.
6) Exhibit B to the Warranty Deed, Bill of Sale or combined Warranty DeedIBill of Sale
shall be a sketch or other graphic representation showing the physical location of the
utility facilities being conveyed to the County or District. It is preferable that the
Exhibit B be to scale. Each Exhibit B must describe the facilities being conveyed by
type (water line, wastewater line, lift station, etc.). Staff shall stamp each such Exhibit
B wiÙl a stamp that reads substantially as follows (with blank spaces completed with
correct information):
"The Utility Facilities being eonveyed are shown on plans prepared by
, sheets - thru ----' dated the -
day of
,20_. These Drawings have been assigned AR number
10.3. Inspection.
County staff shall require both a preliminary and final utility inspection of all potable water,
non-potable irrigation water and wastewater systems or portion(s) thereof constructed. The
construction of all potable water, non-potable irrigation water and/or wastewater systems or
portion(s) thereof shall be observed and certified by the Engineer of Record and shall be
inspected by the County. Refer to Subsection 9.4: Construction Observation and Inspection.
10.4. Rceord Drawings.
10.4.1. Record Drawings shall accurately depict Ùle constructed configuration of all potable
water, non-potable irrigation water and/or wastewater systems or portion(s) thereof. All
revisions to County staff approved construction drawings shall be precisely identified and
illustrated on the Record Drawings. All Record Drawings of utility systems or portìon(s)
thereof that are not being conveyed \0 the Board shall bear, on the cover sheet, a PAtgieAoo Item No. 8D
May 11 , 2004
Page 42 of 75
38
displayed DlSCLAlMER, in bold lettering at least one-quaner (1/4) inch high, stating: "All on-
site potable water, non-potable irrigation and/or wastewater systems shall be owned, opemted
and maintained by the private owner(s) and/or the master condominiumlhomeowners'
association, successors or assigns" (or other comparable private ownership).
10.4.2. Three (3) sets of signed and scaled Record Drawings for the potable water OR non-
potable irrigation water OR wastewater systems to be conveyed shall be submitted to the
County or District. If potable water AND wastewater, and/or non-potable irrigation water
systems or pomon(s) thereof are being conveyed, five (5) sets of signed and sealed Record
Drawings shaH be submitted to the County staff. Each sheet of the Record Drawings shall
identify the entity that provided the record data. Drawings shall be referenced to and tie-in with
the state plane coordinate system, with a Rorida East Projection, and a North American Datum
1983/1990 (NAD83190 datum), and with United States Survey Feet (USFEET) units, as
established by a registered Rorida surveyor and mapper. Files shall be submitted in Digital
Exchange File (DXF) fonnat in AutoCAD Release 14 or later version. Record drawings shall
be submitted to the County staff within 60 days of the final construction completion date.
10.4.3. The following items shall be accurately depicted on the Record Drawings:
a) Sewer system inverts, pipe slopes, manhole rim elevations and run lengths.
b) Sewer lateral locations stationed from the nearest downstream manhole.
e) Sewer main stub extension inverts at both ends, pipe slope, run length and location.
d) Tie-ins and state plane coordinate values to all valves, air release assemblies, fire hydrants,
manholes, blowoffs, etc.
e) Location and dimensional ties to lift station electrical services and transfonner.
10.5. Bacterial Analysis.
Bacterial analyses shall be required for all new potable and raw water transmission and
distribution systems or pomon(s) thereof to be constructed. Bacteriological samples for potable
and raw water system construction shall be perfonned prior to preliminary acceptance of the
system(s) or portiones) thereof. All such analyses shall be perfonned by the Water Department
laboratory at no cost to the County or the District, with test results submitted in writing to the
Engineering Review Services Depanment Director (County Engineer) or designee before thirty
(30) days of being placed in service for transmission and/or distribution lines. The Public
Utilities Division shall not process meter installations until bacterial tests have been
satisfactorily completed and submitted, and the Division bas received the FDEP placement in
service approvallettcr or other FDEP written approval. The Developer shall be responsible for
coordinating all aspects of submission of necessary test results and/or State approvals for
placement in service of the potable water system(s) or portiones) thereof.
10.6. Final Costs.
39
Agenda Item No. 80
May 11, 2004
Page 43 of 75
.-
The [)cveloper or Engineer of Record shall submit to the Engineering Review Services
Depar1ment Director (County Engineer) or designee a detailed listing of all materials utilized in
the utility system(s) construction. This schedule shaH include the description of items,
quantitics utilized, per unit cost and total cost for each individual item utilized in the potable
water, non-potable irrigation water and/or wastewater system construction. The total cost of all
items, including labor and installation costs, utilized for the potable water, non-potable
irrigation water and/or wastewater system shall be clearly shown on the Verification of Final
Cost Schedule. A UPS of 10% will be calculated on the Verification of Final Cost Schedule.
Costs shall be tabled separately for proposed County-Owned (Certification of Contributory
Asscl~ ~ County) and Privately Owned (Certification of Private Material) infrastructure(s).
These cost breakdown listings win be for material costs only, exclusive of any and all labor
and/or installation costs.
10.7. Test Results.
All test data, i.e., pressure, inflow and infiltration, etc., required for submission with the
- --- --- --_u-
conveyance documents shall be certified by an Engineer licensed to practice in the State of
Florida. Such Certification shall bear the raised seal and an original signature of the engineer.
Each certification shaH contain computations illustrating the allowable limits for each test based
on current accepted test standards, as set forth in the Standards Manual, and the actual field test
data obtained. Lc.akage within potable water, non-potable irrigation water systems and/or
wastewater systems shaH comply with A WW A standards as specified in the Collier County
Standards Manual. Wastewater system infiltmtionlexfiltration data shall conform to a standard of
fifty (50) gallons/inch of diameter/mile/day for all types of pipe and shaH be in compliance with
the Standards Manual. Refer to Section 9.4.2.2 for construction inspections requiring County
presence. Fire flow capacity within the water distribution system shall be verified through field-
testing by the appropriate Fire Control District to demonstrate that required fire flow rates are
available. Fire flow testing shall be performed during peak flow pressure conditions as
determined by the UtiJity.
10.8. Lift Station Submittals.
A copy of the manufacturer's startup report for each facility shall be provided with conveyance
documents. Included with this report shall be a written verification from the electrical contractor
for the lift station verifying the wire type and size for the electric service and certifying that the
voltage drop across the service under ful1load startup will not exceed five percent (5%) of the
power company's line voltage at the transformer supplying the station, All tools, such as access
cover lock handles, valve wrenches, keys or panel locks, required for the ready access and use of
the facilities shall also be submitted to the Engineering Review Services Depar1ment Director
(County Engineer) or designee with the documents,
10.9. Recordation Fees.
-
The [)cveloper of a project will be responsible for the payment of all recordation fees associated
with the utilities conveyance procedures. The Developer shall remit the total amount of the
recording fee associated with recording the conveyance documents to the Engineering Review
Agenda Item No. 8D
May 11, 2004
Page 44 of 75
40
Services Department Director (County Engineer) or dcsignce prior to the final acceptance of the
potable water, non-potable irrigation water and/or wastewater system(s) or poI1ion(s) thereof.
10.10. Reapplication Fees.
If more than two (2) subminals of any conveyance document(s) is required because all
insufficiencies specified in writing by the County Attorney in any prior submittal are not fully
corrected by the second submittal, the applicant shall pay a $500 re-submittal fee prior to a third
review of any document by staff. This fee can be reduced or waived by the County Attorney for
good cause in the specific case.
41
Agenda Item No. 8D
May 11, 2004
Page 45 of 75
10.11. Failure to Meet Deadlines.
In addition to all other provisions of this Ordinance, the applicable individual or entity is strictly
responsible to meet each and every specified deadline. Failure to meet any deadline shaH
automatically result in imposition of a $100 per day late fee against the defaulting individual or
entity for each day that the respective deadline is not met. The deadline is not met unless the
respective document is actually delivered to staff by the end of the day of the applicable deadline
date. Staff is also authorized to withhold any and all other pennits, authorizations and/or
pennissions with regard to the property, or site(s) or unit(s) served (or to be served) by the
respective utility facilities until the deadline obligation is complied with and the aforesaid late
fees have been paid in full. Subject to staff attempting to provide at least sixty (60) days prior
written notice to an applicable individual or entity then associated with the respective deadline
defaulting property, site(s) or unit(s) being served with utility service by the County or the
District by means of the utility facilities, and unless waived for good cause by staff in the specific
instance upon written request for the delay filed by the defaulting individual or entity (or
representative), failure to file any overdue required document on or before its respective deadline
date shaH automatically impose the $100.00 per day late fee and authorize staff to delay or
tenninate utility service to the respective dclay defaulting property, site(s) or unit(s) to be served,
or being served, by the respective utility facilities. This sixty (60) day prior notice provision
applies retroactively to any and all overdue required document or item, including, but not
necessarily limited to, all Final Acceptance Obligations that before the effective date of this
Ordinance had not been filed by the applicable deadline date.
SECTION ELEVEN: AMENDMENTS.
County staff may recommend amendments to this Ordinance (including the Manual and
documents incorporated by reference into the Manual) as may be deemed necessary or
appropriate upon prior review by the Utility Code Sub-committee of the Development Services
Advisory Committee, and by the Public Utilities Administrator and, in case of actual or possible
conflict with the LOC, upon the additional prior review by the Community Development and
Environmental Services Administrator (it being understood that as a matter of law this Ordinance
cannot conflict with the LDC and the LOC controls to the extent of such conflicts). Revisions to
the Standards Manual should be made periodicaHy by the Public Utilities AdminiS1rator to reflect
the best engineering practices, technology advances, compliance with other agencies, and public
input, if any. Such revisions shall also be reviewed by the parties listed above. Revisions to the
Standards Manual must be approved by Resolution of the Board of County Commissioners. Each
such Resolution must be placed on the BCC agenda under Scheduled Public Hearings or in the
Summary Agenda Section.
SECTION TWELVE:
PENAL TIES AND ENFORCEMENT.
Violations of the Manual and/or each document incorporated by referenee into the Manual are
violations of this Ordinance. Subsection 1.6 of the Collier County Code of Ordinances applies to
this Ordinance, to the Manual and to documents incorporated by reference into the Manual. In
addition, any person who violates any section or provision of this Ordinance, and/or the Collier
County Utilities Standards Manual and/or documents incorpomted by reference jnto~~~lltem No. 80
May 11, 2004
42 Page 46 of 75
is also subject to he prosccuted and punished as provided by Section ]25.69, Florida Statutes.
Each day the violation continues may constitute a separate offense at the discretion of the
enforcement forum. The Board may bring suit in the County Court or Circuit Court in and for
Collier County for damages, to restrain, enjoin or otherwise prevent or to correct each such
violation of this Ordinance, the Manual and/or each document incorporated by reference into the
Manual. This Ordinance, the Manual and documents incorporated by reference into the Manual
may be enforced by Collier County Code Enforcement Boards.
SECTION TillRTEEN: REPEAL OF ORDL"IANCE A!'.'D RESOLUTIONS.
Collier County Ordinance No. 20OJ -57 is hereby repealed and superseded in its entirety.
SECTION FOURTEEN: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become, and be made a pan of, the Code of Laws and
Ordinances of Collier County, Rorida. The sections of the Ordinance may be renumbered or re-
lettered to accomplish such, and the word "Ordinance" may be changed to "section," "article," or
other appropriate word.
SECTION FIFfEEN: CONFLICT AND SEVERABILITY.
The provisions of this Ordinance, including the Standards Manual, shall he liberally construed to
effectively carry out its purposes in the interest of public health, safety, welfare, and convenience.
If any section, phrase, sentence or portion of this Ordinance 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 such holding shaH not affe<:t the validity of the remaining
portions thereof.
SECTION SL"XTEEN: EFFECTIVE DATE.
This Ordinance shall become effective upon being filed with the Department of State.
Subsections 9.] and 9.2 herein shall have a delayed effective date of July], 2004.
PASSED AND DULY ADOPTED by the Board of County Commissionen; of Collier
County, Ronda, As the Governing Body of Collier County, Rorida, and as the Ex-Officio
Governing Board of the Collier County Water-Sewer District, and the Goodland Sub-District, this
- day of
,2004.
ATIEST:
DWIGHT E. BROCK, CLERK
By:
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, R..ORlDA, AS THE GOVERNING
BODY OF COLLIER COUNTY. FLORlDA.~&~ Item No. 8D
May 11 , 2004
Page 47 of 75
43
Approved as to fom)
and legal sufficiency:
By:
Thomas C. Palmer,
Assistant County Attorney
THE EX-OFFICIO GOVERNING BOARD OF THE
COLLIER COUNTY WATER-SEWER DISTRICT,
AND THE GOODLAND SUB-DISTRICT
BY:
DONNA FIALA, CHAIRMAN
---
-- --~ --- - -~-- ~-~---- - ----~--
-~---~~-~--- --~--~~~-~-~-~~~~~~~----
44
Agenda Item No. 80
May 11, 2004
Page 48 of 75
APPENDIX A - STANDARD LEGAL DOCUl\1ENTS
Nothing in this Ordinance shall require the County or the District to accept title to, or any
responsibility for, any facility until the facility has then received all proper pernlilsflicenses
from all applicable agencies prior to and during the construction, expansion, repair and/or
maintenance or completion of each such facility and the facility then complies with all
applicab1e rules and regulations of all Federal, Florida and local regulatory authorities or
agencies, and of this Ordinance, and each such facility is not then under litigation, enforcement
action, claims and/or 1iens prior to the conveyance of title.
INSTRUCTIONS.
[Unless waived in writing by the reviewing Assistant County Attorney in the specific instance,
the date of each document cannot be signed and dated more than sixty (60) days prior to the
meeting at which the Board of County Commissioners will consider its acceptance of the
subject utility facility documents.]
The following forms are to be used as a guide for preparcrs of instruments that shall be
submitted to the Board for proposed acceptance of potable water, non-potable irrigation water
and/or wastewater utility system(s) or portion(s) thereof. Adherence to the forms and
instructions contained below will a%ure an expeditious review by the Collier County Attorney's
Office, which in turn will speed the process of utility system(s) or portiones) thereof acceptance
by the Board. Deviation in substance or form from the specimen forms herein may result in
substantial delay or disapproval of the utility system acceptance documents by the County
Attorney's Office. ExampJcs of previously approved forms arc available from staff upon
request.
PLEASE CAREFULLY READ THESE INSTRUCTIONS BEFORE PREPARING THE
INSTRUMENTS.
INSTRUCTION NO, 1. Each specimen form is prepared in a manner that indicates to the
preparer the location and the type of information that needs to be inserted. This is indicated by
[brackets wruch contain instructions]. Most bracketed information is self-explanatory. Where
an in-depth instruction of the type of information to be inserted is appropriate, the bracketed
information gives a brief explanation followed by a reference to an instruction. That instruction
reference correlates \0 the following instructions.
INSTRUCTION NO.2. Name of grantor/mortgageeJdeveloperflesseelownerlsurety/issuerl
applicant (hereinafter collectively referred to for the purposes of this instruction as "grantor").
If grantor is an individual, insert the grantor's name followed by the grantor's marital status. If
the grantor is married, the grantor's spouse must join in any conveyance instrument. As an
alternative to having a grantor's spouse join in a conveyance instrument, if applicable, a
paragraph can be added below the reference to Exhibit "A" which states: "The subject lands are
not homestead lands."
If the grantor is a corporate entity, show the correct name of the corporation and identify the
state or other jurisdiction in which it is incorporated.
If the grantor is a partnership entity, show correct name of the partnership, identify whether the
partnership is a general or limited partnership, and identify the state or other jurisdiction under
which the partnership was created and presenùy opcnllcs.
45
Agenda Item No. 8D
May 11, 2004
Page 49 of 75
If the grantor is a trust insert the trustees name, as trustee. If appropriate (Section 689.071,
Florida Statutes), identify the trust and recite the authority of the trustee to convey. Your
attention is directed to Chapter 689, Florida Statutes.
INSTRUCTION NO.3. Witness and signature block. An instruments, unless otherwise noted
thereon, require two (2) witnesses. Example witness and signature blocks arc as follows:
Execution by an individual:
An individual
First Witness - Signature
First Witness - Print or Type Name
Second Witness - Signature
Witness - Print or Type Name
Execution bv a Corporation:
XYZ Corporation, Ine., a Florida Corporation
By:
Seal)
(LS.) [Note: ("LS.") is effective as the Corporate
Name, [President] or [Vice President]
46
Agenda Item No. 80
May 11, 2004
Page 50 of 75
First Witness - Signature
First Witness - Print or Type Name
Second Witness - Signature
WiUlcss - Print or Type Name
NOTE: In lieu of using two individual witnesses, a corporation may execute instruments by
having the President's or the Yice-President's signature witnessed by the Corporation's
Secretary (a Corporate Officer) and by affixing the Corporation's seal. (See Sections 692.01
and 692.02, Florida Statutes.) A hand-written or imprinted scrawl, scroll or seal, affixed as the
corporate seal below the corporate officer's signature, is effectual as a seal.
(See Section 695.07, Florida Statutes.)
XYZ Corporation, Inc., a Florida Corporation
By:
Name, Title
(Corporate Seal)
[The corporate seal can either be by typing the words "(Corporate seal)" OR by printing or
stamping "(Corporate Seal)" on the page under the President's or a Yicc-Prcsident's signature.
47
Agenda Item No. 80
May 11, 2004
Page 51 of 75
Witness:
By:
Name, Corporate Secretary *
* The Corporate Secretary's signature effectively functions as two individual witnesses.
Execution by a partnership with an individual aetin2 as its 2eneral partner.
ABC Partnership
By:
Name, as the General panner
Execution by a partnership with an entity aeting as its general partner:
ABC, a Florida Pannership
By XYZ Corporation, Inc., a corporate General panner acting on behalf of the Partnership
By:
Name, President [or Vice-President]
First Witness - Signature
First Witness - Print or Type Name
48
Agenda Item No. 8D
May 11, 2004
Page 52 of 75
Sccond Witncss - Signaturc
Witness ~ Print or Type Name
Execution by Section 689,070, Florida Statutes, Trustee:
Name, as Trustee
First Witness - Signature
First Witness - Print or Type Name
Second Witncss - Signaturc
Witness ~ Print or Type Name
Execution bv Section 689.071. Florida Statutes. Trustee:
By:
Name, as Trustee
of the above referenced Trust
First Witness - Signature
49
Agenda Item No. 80
May 11, 2004
Page 53 of 75
First Witness ~ Print or Type Name
Second Witness - Signature
Second Witness - Print or Type Name
INSTRUCTION NO.4. ACKNOWLEDGMENT AND NOTARY BLOCK. The following
fonns of acknowledgment and notary block are sufficient
For execution by one individual:
State of
County of
The foregoing instrument was acknowledged before me this - day of
20~ by who is personally known - OR who
produced identification -' Type of identification produced:
(Affix notary seal)
Notary Public
Notary Typed of Printed Name (or stamp)
My Commission Expires:
For Execution by a Corporation:
State of
County of
The foregoing document was acknowledged before me by [Insert the name of person signing],
[corporate title must be either President, Vice President or Chief Executive Officer [unless an
appropriate corporate resolution is attached and which specifically authorizes the respective
execution by some other corporate officer] of [rnsert the name of the corporation], a [rnsert the
State of incorporation] corporation, on behalf of the corporation, who is personally known -
OR who produced identification_. Type of identification produced:
WI1NESS my hand and official seal this - day of
,20_,
50
Agenda Item No. 80
May 11, 2004
Page 54 of 75
Notary Public
(Affix notary seal or stamp)
My Commission Expires:
Notary's Typed or Printed Name ~f not in Notary stamp]
For an execution by a partnership general partner who is an individual:
STATE OF
COUNTY OF
The foregoing document was acknowledged before me by [name of indivjdual who signed], general
partner, on behalf of the partnership, a [msert name of state or iurisdiction under whose laws the
partnen;rup was formed and operJ.tes] ~dentify the type of partnen;rup] partnership. Personally
known_OR who Produced identification_. Type of identification produced
WTINESS my hand and official seal this - day of
,2O_.
Notary Public
Notary Printed Name
My Commission Expires:
For execution by a partnership general partner that is an entity:
STATE OF
COUNTY OF
The foregoing document was acknowledged before me by [name of person signing], [corporJ.te
ride, must be either President, Vice President or Ollef Executive Officer, unless an appropriate
corporJ.te resolution is attached which specifically authorizes execution by some other corporate
officer] of [exact name of corporation], a [State of incorporation], as the corporate entity general
partner, on behalf of [msert exact name of partnen;hip] , a [Insert name of state or jurisdiction
under whose laws the partnership was formed and presenùy operates] [identify type of
partnership]. Personally known- or Produced identification -' Type of identification
produced
51
.20_. Agenda Item No. 80
May 11, 2004
Page 55 of 75
WTINESS my hand and official seal this - day of
-,--
(AffIx notary seal)
Notary Public
Notary Printed Name
My Commission Expires:
For an execution by a Section 689.070. Florida Statutes. Trostee:
STATE OF
COUNTY OF
The foregoing document was acknowledged before me by [msert exact name of person signing],
individually, and as Trustee. Personally known- OR Produced identification_'_"f~ of
identification produced
WITNESS my hand and official seal this - day of
2O_,
(Affix notary seal)
Notary Public
Notary Printed Name
My Commission Expires:
For execution by an individual acting as a Section 689.071. Florida Statutes. Tmstee:
STATE OF
COUNTY OF
The foregoing document was acknowledged before me by [insert exact name of person signing], as
Trustee on behalf of the above-referenced Trost. Personally known- OR Produced
identification -' Type of identification produced
WITNESS my hand and official seal this - day of
2O_,
(Affix notary seal)
Notary Public
Notary Printed Name
My Commission Expires:
For execution b
co
ration actin
Floåda Statutes Trustee:
genda Item No. 8D
May 11, 2004
Page 56 of 75
52
STATE OF
COUNTY OF
The foregoing document was acknowledged before me by [name of person signing who must be
either the President, a Vice President or the Chief Executive Officer, OR an appropriate corporate;
resolution must be attached to prove that the person signing is authorized to sign on behalf of the
corporation as Trustee of the above referenced Trust.J Personally known- or Produced
identification Type of identification produced
\VITNESS my hand and official seal this - day of
.2O_.
(Affix notary seal)
Notary Public
Notary Printed Name
My Commission Expires:
INSTRUCTION NO.5. Exhibits attached to all instruments shall describe the real property that
encompasses the subject utility facilities, system(s) and/or easement(s). Language on the legal
description Exhibit that alters or <¡ualifies the instrument to which it is attached is unacceptable. If
the informational text of an Exhibit is not extensive (Le., a short legal description or there are no
security interests) such text can simply be added in the body of the document in lieu of an Exhibit.
INSTRUCTION NO.6, For the purposes of simpliàty and brevity, references in this Appendix
and this Ordinance to the Collier County Water-Sewer District shall also be construed to refer to
the Goodland Sub-District, where appropriate and, as the context requires. Preparers of legal
documents are cautioned to determine to which District their documents should run before
preparing and submitting documents.
INSTRUCTION NO.7. Notarization of an oath. The proper notarization of an oath (or
affirmation) is as follows: "SUBSCRIBED AND SWORN to before me this - day of
, 20_." An acknowledgment is not acceptable for an affidavit (See Subsection
t t 7.05(13), Florida Statutes), The Affiant must both swear to the document in the presence of the
Notary and must sign the Affidavit in the presence of the Notary.
INSTRUCTION NO.8. TIùs Appendix is provided as a guide for preparers and is not intended
to be all-inclusive. All documents shall be reviewed on an individual basis, If the preparer is
unsure of the re<¡uired form or content of any document, he or she should seek professional advice
and/or assistance prior to preparing and submitting such form or document for acceptance.
Form 1 - Rev. 2004 (Interim FacilitieslSystem Agreement)
*[Idcntify type of facility by inserting Potable Water Faciliùes, and/or Wastewater Faciliùcs,
and/or other Uùlity Facility (as applicable) in the TITLE of this instrument]
Agenda Item No. 80
May 11, 2004
Page 57 of 75
53
-
54
Agenda Item No. 80
May 11, 2004
Page 58 of 75
---------
* INTERIM FACILITIES/SYSTEM AGREEMENT
THIS AGREEMENT is made and entered into this - day of -' Z!L-, by and
between
[Name of developer - Refer to Instruction No.2]
(Hereinafter referrcd to as "Dcveloper"), and THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER
COUNTY, AND AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT (hereinafter referred to as "County"). Developer is
used as singular or plural, as the context requires.
RECITALS:
WHEREAS, for the purposes of this Agreement the tern] "Developer" shall include the
Developer, the Developer's heirs, successors, and assigns, including, but not limited to, any
wholly owned or controlled subsidiary entity; and.
WHEREAS, the Developer is the Owner of the [insert name of project shown on referenced
construction plans] development, (hereinafter "Project") and has submitted construction plans
for an interim [identify type of treatment facility by inserting potable water or wastewater]
treatment facility (hereinafter "interim treatment facility") to the County for review and
approval; and
WHEREAS, the Developer acknowledges and agrees that the Developer desires to provide on-
site interim utility systems to service the Project until such time as the utility systems within the
Project may be connected to the off-site utility systems operated by the County or District and
the County systems have adequate capacity to scrvice the Project; and
WHEREAS, Collier County land development regulations require, and Developer covenants
and agrees, that the Developer shall connect any interim utility system serving that Project to
the off-site utility system owned and operated by the County when the County's system has
been extended to within two hundred (200) feet of the Project's boundary and the County has
detennined that the off-site utility system has adequate capacity to service the entire Project;
and
WHEREAS, the extension of the off-site utility system owned and operated by the County to
within tWo hundred (200) fect of the boundary of the Project shall be not required of the County
as perfonnance under this Agreement; and
WHEREAS, all parties to this Agreement acknowledge and agree that the decision as to
whether or not any off-site utility system owned and operated by the County has the capacity to
service the Project shall be made solely by the County; and
WHEREAS, the Developer acknowledges its obligation to dedicate all facilities, including all
appropriate collection, distribution and transmission systems or portiones) thereof and
appropriate easements to the County prior to interconnection of the facilities/system 10 County
or District's system; and
55
Agenda Item No, 80
May 11, 2004
Page 59 of 75
WHEREAS, the Developer, or other successor entity satisfactory to thc County, will maintain
and operate the interim facility and the associated on-site collection, distribution and
transmission system(s) as set forth herein below; and
WHEREAS, the developer has previously accepted the terms and conditions set forth in this
Agreement as part of the County's review and approval of the Developer's land use petitions.
W ITN E SSE T H:
NOW, THEREFORE, in consideration of the covenants hereinafter contained the parties agree
as follows:
I. RECITALS INCORPORATED. The above Recitals are true and correct and shall be
incorporated herein.
2. INTERIM FACILITY. The appropriate on-site treatment facilities, and collection,
distribution and transmission systems are to be constructed as a part of the proposed Project and
shall be an interim system; all utility systems or portion(sT thereof shåIrbeconStrüclOO-i¡1~~'
compliance with all applicable State, Federal and local standards, the Collier County Land
Development Code (LOC), this Ordinance, as well as the Utilities Standards Manual, and are to
be owned, operated and maintained by the Developer, or other successor entity satisfactory to
the County, until such rime as the County's off-site urility systems are available to service the
project. The interim system shall supply services to this Project only 01', subject to the County's
approval, other adjacent or near-by lands owned by the Developer. The interim system may not
provide service out~ide the Project without the expressed written consent of the Collier County
Water-Sewer District and only to the extent of such written consent.
3. DEVELOPER TO DISMANTLE INTERIM TREATMENT FACILITY. Upon connection
to the County's off-site utility systems the Developer shall abandon, dismantle and remove from
the site the interim treatment facility. All costs related to this activity shall be borne solely by
the developer and perfonned in accordance with FDEP standards.
4. CONNECTION TO COUNTY'S OFF-SITE SYSTEM SHALL BE ACCOMPUSHED AT
NO COST TO COUNTY. The Developer shall, at no cost to the COUNTY, make connection
to the County's off-site utility system(s) within ninety (90) days of notification that such
systems have become available. Costs of connection shall include, whenever the County
requires, but not be limited to, engineering design, preparation of construction documents,
pennitting, modification or retrofitting of existing pumping facilities, construction of new
pumping facilities, interconnection with County off-site utility systems, any transmission,
distribution or collection lines necessary to make the connection and any required
environmental audits, including the expense of bringing the subject system(s) or portiones)
thereof into compliance as well as any and all costs for clean-up, removal or remediation.
5. CONVEYANCE OF INTERIM TREATMENT FACILITIES NECESSARY FOR
CONNECTION TO AND OPERATION OF COUNTY'S OFF-SITE UTILITY SYSTEM(S).
At which time as the County's off-site system(s) becomes available for connection of the
Project, all utility facilities required by the County in order to make such eonnection shall be
conveyed to the County in accordance with County Ordinances, rules and regulati~dà Item No. 8D
May 11, 2004
Page 60 of 75
56
effect, together with all utility casements required by the County. All construction plans and
technical specifications related to the connection to the County's off-site utility systems shall be
submitted to the County for review and approval prior to commencement of construction. The
COUNTY, at its option, may require conveyance of facilities internal to the project.
6. CUSTOMER TURNOVER. All customers served on an interim basis by the utility system
constructed by the Developer shall become customers of the County at such time as the
County's off-site potable water, non-potabJe irrigation water, andlor wastewater systems
become available to serve the Project and such connection is made. Prior to connection of the
interim utility system serving the Project to the County's off-site utility systems, the Developer
shall submit to the County a complete listing of customers served by the interim utility system,
and shall not compete in any way with the County for the service of those customers. The
Developer shall also provide the County with a detailed inventory of the facilities served within
the Project, and cooperate fully in the expeditious transfer of any billing procedures.
7.
SYSTEM DEVELOPMENT CHARGES SHALL BE PAID PRIOR TO PERMIT
ISSUANCE. The Developer shall be responsible for payment of all applicable system
development charges in accordance with Ordinance 2001-13, Section 74-303 D: Payment, as
then amended or superseded. This requirement shall be made known to all prospective buyers
of properties for which building pennits will be required, and supplied in writing u XJn closing
of such properties.
8.
BINDING EFFECT. This Agreement shall be binding u XJn the parties, their successors
and assigns.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year
first above written.
[Developer's witness and signature block - see Instruction No.3)
A ITEST:
BOARD OF COUNTY COMMISSIONERS
[Name of Clerkl, Clerk
OF COLLIER COUNTY, FLORIDA, AS
TIIE GOVERNING BODY OF COLLIER
By:
COUNTY AND AS THE EX-OFFICIO
Deputy Clerk
GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT
BY:
, Chainnan
Approved as to fonD and
57
Agenda Item No. 80
May 11 , 2004
Page 61 of 75
.-
legal sufficiency
By:
Assistant County Anorney
[Developer's acknowledgment and notary block - see Instruction No. 41
Form 2 - Rev. 2004 (Utilities Performance Bond)
UTILITIES PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: mat
[Insert name of Owner - See Instruction No. 21
[Insert current business address of Owner]
(hereinafter referred to as "Owner", and
[Insert name of Surety - See Instruction No.2]
[Insert current business address of Surety]
(hereinafter referred to as "Surety"), are held and firmly bound unto Collier County, Florida,
(hereinafter called "County"), in the total aggregate penal sum of [insert written dollar amount]
Dollars ($[insert numeric dollar amount]) in lawful money of the United States, for the payment
of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators,
successors, and assigns, jointly and severally, f1I111ly by wese presents. Owner and Surety are
used for singular or plural, as the context requires.
THE CONDITION OF THIS OBLIGATION is such that whereas, we Owner entered into a
certain Utilities System Construction Contract, dated the - day of -' 20_, a
copy of which is hereto attached and made a part hereof; and
WHEREAS we County has a material interest in we performance of said Contract; and
WHEREAS the County has adopted Ordinances and Resolutions (hereinafter "Land
Development Regulations") concerning the Owner's obligations to the County regarding we
construction, conveyance and warranty of potable water, non-potable irrigation water and/or
wastewater system(s) or portion(s) wereof constructed within the unincorporated area of Collier
County;
NOW, THEREFORE, if the Owner shall well, truly and faiwfully perform its obligations and
duties to the County under said Land Development Regulations and all we undertakings,
covenants, terms, conditions, and agreements of said contract during the original term wcreof,
and any extensions thereof whieh may be granted by the Owner, wiw or without notice to we
Surety and during the guaranty period established by we County, and thereafter, and if We
Owner shall satisfy all claims and demands incurred under sueh eontract, and A~elildp Item No. 80
May 11 2004
Page 62 of 75
58
indemnify and save hannless the County from all costs and damages which it may suffer by
reason of failure to do so, and shall reimburse and repay the County all outlay and expense
which the County may incur in making good any default, then this obligation shall be void,
otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received hereby, supulates and agrees
that no change, extension of ume. altemtion or addiuon to the tenns of the contract or to work
to be perfonned thereunder, or the specifications accompanying same shall in any way affect its
obligation on this Bond, and docs hereby waive notice of any such change, extension of time,
altemtion or addition to the tenns of the contract or to the work or to the specifications.
PROVIDED, FURTHER, that it is expressly agreed that the bond shall be deemed amended
automatically and immediately, without formal and separate amendments hereto, upon
amendment to the Contract not increasing the contract price more than twenty percent (20%),
so as to bind the Owner and the Surety to the full and faithful perfonnance of the contract as so
amended. The tenn "Amendment", wherever used in this bond, and whether referring to this
bond, the Contmet or other documents shall include any altemtion, addition or modification of
any character whatsoever.
IN WITNESS WHEREOF, the parties hereto have caused this Instrument to be executed this
- day of
.20_.
¡Owner's witness and signature block - see Instruction No.3]
NOTE: Collier County shall not accept any Letters of Credit thaI cannot be
presented in Rorida.
¡Surety's wilI1ess and signature block - see Instruction No.3]
¡Notary and acknowledgment blocks for both Owner and
Surety required - See Instrueuon No, 4]
Prepared by: [name of person preparing this instrument]
¡Address of person preparing this instrument]
Form 3 - Rev. 2004 - (Letter of Credit)
IRREVOCABLE STANDBY LETlER OF CREDIT NO.
[Insert issuer's idenufying number]
ISSUER: [insert full name and street address ofIssuer] (hereinafter "Issuer").
PLACE AND DATE OF ISSUE: [insert address where credit is issued and dale of issue].
PLACE
OF
EXPIRY:
At
Issuer's
counters located at
. [Must be in Rorida]
Agenda Item No. 80
May 11, 2004
Page 63 of 75
59
DATE OF EXPIRY: This Credit shaH be valid until !insert date of second anniversary of date
of issue], and shall thereafter be automatically renewed for successive one-year periods on the
anniversary of its issue unless at least sixty (60) days prior to any such anniversary date, the
Issuer notifies the Beneficiary in writing to staff (at Engineering Review Services, 2800 N.
Horseshoe Dr., Naples FL 34104) by registered mail that the Issuer elects not to so renew this
Credit.
APPLICANT: [insert full name of person or entity - see Instruction No.2] (hereinafter
"Applicant") [insert Applicant's current business address].
BENEFICIARY: The Board of County Commissioners, Collier County, Florida (hereinafter
"Bencficiary") Collier County Courthouse Complex, Naples, Rorida, 34112.
AMOUNT: $[insert dollar amount] (U.S.) up to an aggregate thereof.
CREDIT A V AILABLE WITH: Issuer.
BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on the
Issuer.
DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFf(S) AT SIGHT
DRAWN ON THE ISSUER AND PRESENTED AT PLACE OF EXPIRY ACCOMPANIED
BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE COUNTY
MANAGER, CERTIFYING THAT: [insert name of Applicant] has failed to construct and/or
maintain the [identify type of improvements by potable water, non-potable irrigation water, or
wastewater or potable water and wastewater and/or non-potable irrigation water] additions,
extensions and/or improvements as shown on the plans for [insert exact name or title of project
shown on construction plans], or prior to the date of expiry the applicant failed to complete the
required final acceptance procedures as required by the Comer County Utilities Standards and
Procedures Ordinance, and the Applicant fIDled to provide the County with satisfactory
alternative performance security as required by that Ordinance."
DRAFT(S) DRAWN UNDER THIS LEITER OF CREDIT SHALL BE MARKED: "Drawn
under [insert name of Issuer], Credit No. [insert Issuer's number identifying this letter of credit],
dated [insert original date of issuer. The original letter of credit and all amendments, if any,
must be presented for proper endorsement.
This Letter of Credit sets forth in full the lenns of the Issuer's undertaking, and such
undertaking shall not in any way be modified, amended, or amplified by reference to any
documents, instrument, or agreement referenced to herein or in which this letter of credit
relates, and any such reference shall not be deemed to incorporate herein 'by reference any
document, instrument or agreement.
Issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the
terms of this credit will be duly honored by Issuer if presented within the validity of this credit.
This credit is subject to the Uniform Customs and Praetice for Documentary Credits [1993 (or
later generally applicable) Revision] International Chamber of Commerce Publication No. 500
[or later Publication No.].
[Name of Issuer]
By:
{Insert title of corporate officer - must be signed
President, Vice President,
or Chief Executive Officer]
60
Agenda Item No. 80
May 11, 2004
Page 64 of 75
(NOTE: Collier County shall not accept any Letters of Credit that cannot be prcscnted at Place
of Expiry in F]orida.]
Form 4 - Rev. 2004 (Utilities Facilities and/or Utilities Easement(s) Subordination)
(Leave 3" spacc blank space in upper right hand corner for recording purposes
UTILITY FACILITIES AND/OR UTILITIES EASEMENT(S) SUBORDINATION
THlS SUBORDlNA TION is dated this - day of -, Æ--, by
[Insert the complete and correct name of the Secured Party - see Instruction No.2]
(Hereinafter referred to a.~ the "Secured Party"), in favor of the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF
COLLIER COUNTY AND AS THE EX-OFFICIO GOVERNING BOARD OF THE
COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, (hereinafter
referred to as "County"). Secured Party as used herein includes singular or plural, as the
context allows.
WHEREAS, the purpose of this Subordination is to subordinate the Secured Party's
Security Interests that encumber good, marketable title to the Encumbered Utility
Facilities and/or the related Utility Eascrnent(s) being conveyed to Collier County,
which Utility Facilities are located over, on and/or under the underlying real property
that is encumbered by security interests in favor of the Secured Party as specified in the
below-listed security instruments); and
WHEREAS, the Secured Party is the owner and holder of a
[Mortgage or Assignment of Rents and Profits, UCC-I *, etc.], recorded in Official
Records Book , Page , et seq., Public Rccords of Collier County,
Florida, [and if applicable}, as amended by a , recorded at OR
Book, Page - et seq., Public Records of Collier County, Florida.; and
[NOTE: *UCC-Is are usual1y subordinated by UCC-3s, If a UCC-I or UCC-3 is
recorded outside of Col1ier County, insert the Book, Page and place (usually
Tallahassee) of the recordation of each such UCC-I or UCC-3].
WHEREAS, the Secured Party is also the owner and holder of a
, recorded at O.R. Book, Page , et seq., Public Records
of Collier County, Florida, as amended by a recorded at O.R,
Book, Page - et. seq., Public Records of Col1ier County, Florida; and
WHEREAS, each above-referenced Security Instrument grants to this Secured Party a
security interest that encumbers good and marketable title to the Encumbered Utility
Facilities being conveyed to Collier County, and/or encumbers the related Utility
Easement(s), if any, also being conveyed to Collier County, which Utility Facilities
have been constructcd within such easement(s) and are under, on and/or over the
underlying real property; and
WHEREAS, prerequisite to the conveyance of the Utility Facilities and/or related
Utility Easements, if any, being conveyed to the County, Collier County requires that
this Secured Party must subordinate only its Security Interests in (i) the Encumbered
Utility Facilities being conveyed to the County and (ii) each related Utility
Easement(s), if any, being conveyed to the County; and the Seeured Party is hereby
complying with said request for these subordination(s).
61
Agenda Item No, 80
May 11, 2004
Page 65 of 75
,-
NOW, THEREFORE, in consideration of TEN DOLLARS ($10.00) and other good
and valuable consideration, the receipt of which is hereby acknowledged by the
Secured Party, the Secured Party hereby subordinates its security interests in the
Encumbered Utility Facilities being conveyed to Collier County, and/or to each Utility
Easement(s), if any, being conveyed to the County, which encumbered Utility Facilities
are located over, on and/under the described underlying real property. Except as
expressly subordinated herein, the Secured interests of the Secured Party remain in full
force and effect.
IN WITNESS WHEREOF, the Secured Party has caused this Subordination to be
executed the date and year fust above written.
(Insert correct witness and signature block - see Instruction No.3]
[Acknowledgment and notary block - see Instruction No.4]
Prepared by: [Insert name and street address of the individual who prepared this
Subordination]
[NOTE: Upon request, County staff will provide examples of properly executed
Subordinations].
Form 5 - Rev. 2004 - (Attorney's Affidavit)
ATTORNEY'S AFFIDAVIT
STATE OF
[nameofStatel
COUNTY OF
I name of CountY 1
BEFORE ME, the undersigned authority, on this - day of
2O_, personally appeared , who is to me well known, and
having been sworn upon oath, deposes and states:
1.
My name is
, I am over the age of twenty-one (21)
years, am otherwise sui juris. and have personal knowledge of the facts asserted herein.
2. I am a licensed attorney, F1orida Bar # , authorized to practice law in F1orida
and am currently practicing law in the State of F1orida. My business address is
. My business telephone number is
. My business mailing address is
3. This Aflidavit is given as an inducement to the Board of County Commissioners of Collier
County, Florida, as the governing body of Collier County and as the Ex-Officio Governing
Board of the Collier County Water-Sewer District to accept the dedication or conveyance of
[identify type of utility facility by inserting potable water, non-potable irrigation water, or
wastewater, or potable water and wastewater, and/or non-potable irrigation water] utility
system(s) or portiones) thereof located within or upon the real property described in the
62
Agenda Item No. 80
May 11 2004
Page 66 of 75
attached Exhibit "A", which is incorporated herein by reference, said land being located in
Collier County, Florida.
4. The Affiant has examined record title information to the underlying real property and the
utility facilities being conveyed to the County referenced in this affidavit, including but not
limited to, infomlation requested from the Florida Secretary of State relative to any Uniform
Commercial Code financing statements.
5. The record owner of the underlying real property described herein is (give full legal name
of owner as it appears in title infonnation; if owner is an entity, make reference to the laws of
the state or jurisdiction under which entity was cre~ted and presently operates] (hereinaftcr
"Owner"). The Owner acquired record title to the subject real property by instrument recorded
at Official Records Book -, at Page - [insert official record book and first page
of instrument where owner acquired title], Public Records, Collier County, Florida.
[INSTRUCfION: If the record owner is an entity, the Affiant must indicate that he has
examined corporate or partnership infonnation obtained from the jurisdiction under which the
entity was created and presently operates, that the entity is current and active within said State
or jurisdiction, that the entity is currently authorized to do business in the State of Florida, and
identify the exact name and title of the persons authorized to execute the instruments on behalf
of that entity in conjunction with the conveyance of the subject real and personal property.
Pursuant to Section 689.071, Florida Statutes, IF the record owner is a trustee, the Affiant shall
state that the Trustee has full power and authority to execute instruments of conveyance on
behalf of the Trust and, if applicable, incorporatc by reference and attach supporting
documentation.] [If the record owner is an individual, the Affiant must state the marital status
represented to the Affiant by the individual and, if married, state whether the real property is or
is not homestead property. If the utility facilities being conveyed are located wholly within
public right-of-way, the Affidavit should state that facL]
6. Title to the subject utility system(s) or portion(s) thereof and/or easement(s), if any, being
conveyed to the County is not encumbered of record.
OR
Title to the utility system(s) or portiones) thereof and/or easement(s) being convcyed to the
County is encumbered by the following instruments of record:
I. [describe recorded instrument that imposes security interest against title to the
facilities] to [list name of the mortgagee(s)] , dated ,-, and
recorded at O.R. Book -, Page - et seq., Public Records of Collier County.
2. UCC-I, recorded at O.R. Book -, Page -, Public Records of Collier
County .
[INSTRUCfION: The Affiant must list each mortgage, assignment of rents and profits, UCC-
I(s) or other security instrument that impress a security interest that could negatively affect
conveyance of good title to the utility system(s) or portion(s) thereof and/or easement(s), if any,
being conveyed to the County. If marketable title to the utility system(s) or portion(s) thereof
and/or any eascment(s) being conveyed is encumbered by any such recorded instrument, the
Affiant shall deseribe the respective security instrument, including the book and first page
where the security instrument has been recorded. It is not necessary to anach a copy of any
such document to the Affidavit. This Affidavit must list each security interest that is listed
in the Owner's Affidavit, and each such security interest must be subordinated. Do not
list a Notice of Commencement or Reservation of Mineral RighL~, etc., because such
instruments do not negatively affect marketable title to the utility system(s) or portiones)
thereof and/or easement(s) being conveyed to the County. If all of the utility facilities being
conveyed to the County are located in public right-of-way, do not list mortgages, etc., if they do
not encumber after acquired property that is located in public right-of-way. ClainA~ Item No. 80
May 11, 2004
Page 67 of 75
63
under Chapter 713, Rorida Statutes, must be "transferred to security" pursuant to Section
713.24, Rorida Statutes, or other adequate security acceptable to the County Attorney must be
provided to the County before the County will grdnt preliminary acceptance of title 10 such
facilities.
7. Affiant fur1her states that the information contained in this Affidavit is true, correct and
current as of the date this Affidavit is given.
[Unless the time period is extended by staff for good cause in the specific instance, per
Ordinance, the date of this Affidavit should not be dated earlier than sixty (60) days prior to
the submittal of legal documents per1aining to Utility Conveyance to Collier County,
Engineering Services to consider preliminary acceptance of the subject utility system(s) or
por1ion(s) thereof documents.]
FURTHER AFFIANT SA YETH NAUGHT.
DATED this
day of
,2O_,
Attorney/Affiant's Signature
Attorney/Affiant's Name
SUBSCRIBED AND SWORN to before me this - day of , 2O_, by
(Inser1 name of Attorney/Affiant), who is personally known to me as- OR who produced
identification -'
Type of Identification Produced
Notary Public
My Commission Expires:
Printed, Typed or Stamped Name of Notary
64
Agenda Item No. 8D
May 11, 2004
Page 68 of 75
Prepared by: [name of person preparing this Affidavil]
[Address of person preparing this Affidavit]
Form 6 - Rev. 2004 (Owner's Affida~it)
OWNER'S AFFIDAVIT
STATE OF
InameofStatel
COUNTY OF
[name ofCounrvl
BEFORE ME, the undersigned authority, personally appeared
who to me is well known, and having been duly sworn and under oath, deposes and stales:
1. My name is , I am over the age of tWenty-{)ne (21) years, am
sui juris, and have personal knowledge of the facts asserted herein.
2. I am the owner of said real property located at
, and
described on Exhibit A, which shows the location of the subject utility facilities being
conveyed.
3. All persons, finns, and corporations, including the general contractor, all laborers,
subcontractors and sub-subcontractors, materialmen and suppliers who have furnished services,
labor or materials according to plans and specifications, or extra items, used in the construction,
installation and/or repair of [identify type of utility facility by inserting potable water, non-
potable irrigation water, or wastewater, or potable water and wastewater and/or non-potable
irrigation water] utility system(s) or portiones) thereof on the real estate hereinafter described,
have been paid in full and that such work has been fully completed and unconditionally
accepted by the current owner of such facilities.
4. No claims have been made to the owner, nor is any suit now pending on behalf of any
contractor, subcontractor, sub-subcontractor, supplier, laborer or material-men, and no chattel
mortgages or conditional bills of sale have been given or are now outstanding as to the subject
utility system(s) or portiones) thereof placed upon or installed in or on the aforesaid premises.
5. Title to the subject utility system(s) or portiones) thereof and/or easement(s), if any, being
conveyed to the County is not encumbered by any recorded mortgage, recorded assignment of
rents or profits. by any recorded Unifonn Commercial Code Financing Statement, or by any
other recorded document that might negatively affect a security interest against marketable title
to the utility system(s) or ¡xJCtion(s) thereof and/or any easement bcing conveyed to the County.
OR
Title to the utility system(s) or portiones) thereof and/or easement (s) being conveyed to the
County is subject to the following security interest(s) by the following rccorded instrument(s):
I Mortgage (or Assignment of Rents and Profits) [describe only recorded instruments that
impress a security interest against title to the system(s) or portiones) thereof and/or any
easement being conveyed to the County] to [list name of the mortgagee(s)] , dated
Agenda Item No. 80
May 11, 2004
Page 69 of 75
65
, -, and recorded at O.R. Book -, Page - et scq.. Public Records of
Collier County.
2. UCC-l Financing Statement, recorded at O.R. Book -, Page -, Public Records
of Collier County.
3. UCC-l reconled with Florida Secretary of State at Tallahassee (Leon County), Florida at
O.R. Book -, page_.
(INSTRUCTION: The Affiant must list each mortgage, and/or each assignment of rents and
profits, and each UCC- 1, and/or each other recorded document that is a security interest that
could negatively affect conveyance of good and marketable title to any of the utility system(s)
or portion(s) thereof (and/or easement(s), if any) being conveyed to the County. If good,
marketable title to the utility system(s) or portion(s) thereof and/or any easement(s) being
conveyed is encumbered by any such recorded instrument, the Affiant must briefly describe
each such recorded security instrument, including the book and first page where that security
instrument has been recorded. It is not necessary to attach a copy of any such recorded
document to the Affidavit. Do not list any Notice of Commencement or any Reservation of
Mineral RighL~, etc., because such documents do not impress any security interest against good,
marketable title to the utility system(s) or portion(s) thereof and/or easement(s), if any. being
conveyed to the County.]
6. As and on behalf of the owner of the subject utility system(s) or portíon(s) thereof, docs for
valuable consideration hereby agree and guarantee, to hold the Board of County
Commissioners of Collier County, Florida, as the governing body of Collier County and as the
Ex-Officio Governing Board of the Co1lier County Water-Sewer District hannless against any
lien, claim or suit by any general contractor, subcontractor, sub-subcontractor, supplicr,
mechanic, material-man, or laborer, and against chattel mortgages, security interests or repair of
the subject utility system(s) or portion(s) thereof by or on behalf of Owner. Affiant is used as
singular or plural, as the context requires.
The utility system(s) or portíon(s) thereof referred to herein are located within the real property
described in the attached Exhibit" An.
FURTIlER AFFIANT SA YETH NAUGHT.
DATED this
day of
,2O_.
Owner/Affiant's Signature
66
Agenda Item No. 8D
May 11, 2004
Page 70 of 75
Printed Name of Affiant
SUBSCRiBED AND SWORN to before me this - day of
,20_,by
(lnscn name of Owner/Affiant (individual taking the oath), who is Personally known to me as
- OR produced identification -' Type of Identification Produced
Notary Public
My Commission Expires:
Printed, Typed or Stamped Name of Notary
----~
Prepared by: [name of person preparing this instrument]
[Address of person preparing this instrument]
Form 7 - Rev. 2004 (Utility Easement)
[NOTE: Leave 3" blank space in upper right hand comer for recording purposes].
DEED OF UTILITY EASEMENT
THE UTILITY EASEMENT(S) (CUEs), are granted and conveyed this _day of
,2O_, by [Name of Grantor - See Instruction No.2] as Grantor, to the
BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLLIER COUNTY, AND AS THE EX-OFFICIO GOVERNING
BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and
assigns, GRANTEE.
WITNESSETH: That the Grantor for and in consideration of the sum of ten dollars ($10.00)
and other valuable consideration paid by Grantee, receipt of which by is hereby acknowledged
by Grantor, hereby conveys, grants, bargains and sells unto Grantee, its successors and assigns,
a perpetual, non-exclusive easement, license, right and privilege to enter upon and to install,
relocate, repair and/or otherwise maintain utility system(s) and utility facilities, and/or
67
Agenda Item No. 80
May 11, 2004
Page 71 of 75
portiones) thereof, in, on, over and under the following described lands located in Collier
County, Florida. to wit:
See attached Exhibit "A," which is ineorpomted herein by reference.
TO HAVE AND TO HOLD the same unto the Grantee, its successors and/or assigns, together
with the right and privilege to enter upon said land to excavate, relocate and/or take and/or
introduce materials for the purpose of constructing, operating, relocating, repairing and/or
otherwise maintaining the subject utility facilities and/or system(s) or portiones) thereof, in, on,
over and/or under the casement area. Grantor and Grantee are used for singular or plural, as the
context allows.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and
year first above written.
[Witnesses and signature block - see lnstrocûon No. 3J
[Acknowledgment and notary block - see Instruction No.4]
Prepared by: [name of person preparing this instrument]
[Address ofpcrson preparing this instrument]
Form 8 - Rev. 2004 (Utility Facilities Warranty Deed and Bill of Sale)
[Leave 3" blank space in upper right hand corner for recording purposes].
UTILITY FACILITIES WARRANTY DEED AND BILL OF SALE
THIS INDENTURE made this - day of
,20_, between
[Name of Grantor - see Instruction No.2] (hereinafter referred to as "Grantor"), and the
BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLLŒR COUNTY AND AS THE EX-OFFICIO GOVERNING
BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and
assigns, (hereinafter referred to as "Grantee").
WITNESSETH:
That said Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good
and valuable consideration to said Grantor in hand paid by said Grantee, the receipt whereof is
hereby acknowledged, has granted, bargained and sold to the said Grantee, and Grantee's heirs,
successors and assigns forever, all [identify all types of utility facilities being conveyed by
Agenda Item No, 80
May 11 , 2004
Page 72 of 75
68
inserting "potable water" anù/or "wastewater" anù/or "non-potable water irrigation" anù/or
"potable irrigation water] utility facilities anù/or system(s) or portiones) thereof lying in, on,
over and under the fo11owing described land, for operation, relocation, instanation, repair anù/or
maintenance of said facilities, system(s) or portiones) thereof, all situate and lying and being in
Conier County, Florida, to wit:
(See Exhibit "A" attached hereto and incorporated by reference herein.)
(Exhibit "B" attached hereto is a sketch or other graphic representation
that depicts the physical location of the utility systems being conveyed.)
and said Grantor docs hereby fully warrant the title to said utility facilities anù/or system(s) or
portiones) thereof, be they realty, personalty, or mixed, and Grantor wi11 defend such title
against all claims of all pe1õons whomsoever. For the purposes of this conveyance, the utility
facilities, system(s) and/or portiones) thereof conveyed herein shall not be deemed to convey
any of the lands described in either exhibit. Grantor and Grantec are used for singular or plural,
as context allows. A sketch or other graphic representation showing the location of the utility
facilities, etc., being conveyed is attached as Exhibit B.
TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the right
to enter upon said land, excavate, relocate and/or take or introduce materials for the purpose of
constructing, relocating, operating, repairing and/or otherwise maintaining utility systems
thereon. Grantor and Grantee are used for singular or plural, as the context requires.
IN WITNESS WHEREOF, Grantor has caused these presents to be executed the date and year
first above written.
[Witness and signature block - see Instruction No.3]
[Acknowledgment and notary block - see Instru~tion No.4]
Prepared by: [name of person preparing this instrument]
[Address of pe1õon preparing this instrument]
Form 9- Rev.2004 (Final Attorney's Affidavit)
FINAL ATTORNEY'S AFFIDAVIT
STATE OF
COUNTY OF
69
Agenda Item No. 8D
May 11 2004
Page 73 of 75
BEFORE ME, the undersigned authority, personally on this - day of
2O_, appeared (Affiant), who to me is well known, and
having been sworn and under oath, deposes and states:
1. My name is . I am over the age of twenty-one (2])
years, am otherwise sui juris, and have personal knowledge of the faeL~ contained herein.
2. I am a licensed attorney, Rorida Bar #
, authorized to practice law in
Rorida and am currently practicing law in the State of Rorida. My business address is
My business
telephone
number
is
My
business
mailing
address
is
3. This Affidavit is given as an inducement to the Board of County Commissioners of Collier
County, Florida, as the Governing Body of Collier County and as the Ex-Officio Governing
Board of the Collier County Water-Sewer District, to conduct a final utility inspection of
[identify type of utility systems by inserting potable water or wastewater, or potable water and
wastewater] utility system(s) or portion(s) thereof located within or upon the real property
described in the attached Exhibit" A", which is incorporated herein by reference, said land
being located in Collier County, Florida. [If all of the subject utility facilities that have been
conveyed to the County are located in public right-of-way, the Affidavit can include the
following statement: "All of the subject utility facilities that have been conveyed to the County
are located in public right-of-way and, therefore, no utility easements have been conveyed to
the County with regard to said utility facilities.]
4. The Affiant has examined record title information with regard to privately owned real
property where these utility facilities are located and with regard to the current state of the title
to the utility facilities being conveyed to the County.
5. The record owner of the utility system(s) or portion(s) thereof described herein is the Board
of County Commissioners of Collier County, Florida, as the Governing Body of Collier County
and as the Ex-Officio Governing Board of the Collier County Water-Sewer District (hereinafter
"County"). The County acquired its record interest by [insert exact name of each instrument]
recorded at Official Records Book , at page [insert official record book
and first page of each instrument where owner acquired title] [if a utility easement was also
acquired continue sentence and add: together with an appunenant utility easement(s) recorded
at Official Records Book , page 1 Public Records, Collier County, Florida.
6. Subsequent to the time that the County recorded its interests in the subject utility system(s)
or portiones) thereof and, if applicable, easement(s), as specified in paragraph 3, above, no
interest of the County in the subject utility system(s) or portiones) thereof and, if applicable,
easement, is encumbered of record by any document filed by or on behalf of the landowner (or
predecessor in title to the underlying real estate in the Public Records of Collier County,
Florida, and/or the Office of the Secretary of State.
7. Affiant further states that the information contained in this Affidavit is true, correct and
current as of the date of the recordation of the recorded documcnL~ referenced herein which
Agenda Item No, 80
May 11, 2004
Page 74 of 75
70
conveyed or granted the subject utility system(s) or portiones) thereof and/or casement interests
to the County.
FURTHER AFFJA."IT SA YETH NAUGHT.
DATED this
day of
,20_.
Affiant's SignatUre
Affiant's Printed Name [No witness needed].
[Notary block] - SUBSCRIBED AND SWORN to before me this _day of
,20
. by (insert name of Affiant - the individual taking the oath),
who is personally known - OR prcxluced identification -. Type of identification
produced
SI
Notary Public
My Commission Expires:
Notary Printed or Types Name (if not on stamp)
Prepared by: [name of person preparing this instrument]
[Address of person preparing this instrument]
-END-
71
Agenda Item No. 80
May 11 , 2004
Page 75 of 75
""\~
,-
EXECUTIVE SUlVlMARY
PUDZ-03-AR-4674, Collier HMA, Inc., a Subsidiary of Health Management Associates, Inc.,
represented by Margaret Perry of WilsonMiller, Inc" and R. Bruce Anderson, of Roetzel & Andress,
requesting a rezone from "A" Rural Agricultural and "TTRVC" Travel Trailer Recreational Vehicle
Campground to "PUD" Planned Unit Development to be known as the Collier Regional Medical
Center PUD for a Maximum of 260,000 square feet of hospital and related uses and 80,000 square feet
of medical office and related uses. The property is located on the east side of Collier Boulevard (CR-
951), and approximately 3 miles north of the Tamiami Trail (U.S. 41) in Section 23, Township 50
South, Range 26 East, Collier County, Florida.
OBJECTIVE:
To have the Board of County Commissioners consider an application to rezone the subject site from
"A" Rural Agricultural and "TTRVC" (Travel Trailer-Recreational Vehicle Campground) to "PUD"
(Planned Unit Development) to be known as the Collier Regional Medical Center PUD permitting a
maximum of 260,000 square feet of hospital and related uses and 80,000 square feet of medical office
and related uses and to make sure that the project is consistent with all the applicable codes and
regulations in order to ensure that the community's interests are maintained.
CONSIDERATIONS:
-
The subject site is iITegularly shaped and is 60 acres in size. The site is also located in two land use
designations on the Future Land Use Map of the Growth Management Plan. The largest portion of the
site (approximately 50 acres) is within the Urban (Urban - Mixed Use District, Urban Residential
Fringe Sub-district) designation, and approximately 10 acres of the site is within the Urban (Urban
Commercial District, Mixed Use Activity Center Sub-district) designation, as identified on the Future
Land Use Map of the Growth Management Plan. The site cuITently abuts the "Kountree Kampinn"
RV Resort along the southern property line. The site is proposed for a hospital not to exceed a
maximum of 260,000 square feet and medical offices not to exceed 80,000 square feet. The main
access will be to Collier Boulevard directly across from Lely Cultural Parkway.
The Transportation Department has reviewed the Traffic Impact Statement (TIS) and has determined
that the project will generate approximately 7,633 Average Daily Traffic at the build-out of the project
in 2008. As noted in the staff report, the funded improvement of Collier Boulevard (CR-951) from
Immokalee Road (CR-846) to US-41 to a six-lane facility is required to mitigate the traffic impacts of
the project. In addition, Rattlesnake Hammock Road is funded for improvement to a 4.lane facility.
Based on these and other network road improvements, only the 1-75 Eastbound On/Off Ramp is
projected to experience a Level of Service below the minimum adopted standard in 2008 with or
without the project traffic added. As a result, this petition is consistent with Policies 1.3, 104. 5.1 and
5.2 of the Transportation Element.
--
PUDZ-O3-AR-4674
1
Agenda Item No. 8E
May 11 , 2004
Page 1 of 66
"-._,_'.0 "
.,."""""'"-.-,--.
""'.'.'----".---'" '
FISCAL IMPACT:
If this PUD zoning request meets its objective, a portion of the existing land will be developed with
hospital and medical office related uses, The mere fact that new development has been approved will
result in future fiscal impact on County public facllities. The Financial Administration and Housing
Department has forecasted that the project will add at a minimum 300 new jobs to the county at an
average wage of $43,000 in annual income.
In addition, the County collects impact fees prior to the issuance of building permits to help offset the
impacts of each new development on public facilities. These impact fees are used to fund projects in
the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In
the event that impact fee collections are inadequate to maintain adopted levc1s of service, the County
must provide supplemental funds from other revenue sources in order to build needed facilities, The
following impact fees will be applicable to the 260,000 square feet of hospital and related uses and
80,000 square feet of medical office and related uses of the project:
. Fire Impact Fee:
. Parks
. Road Impact Fee:
. Correctional Facilities:
. Radon Impact Fee:
. EMS Impact Fee:
. Building Code Adm,:
$0,30 per square feet under roof
$820
$7,266.00 per 1,000 square feet for Medical Office
$0.4914 per square foot
$0.005 per square foot of building
$126.00 per 1,000 square feet
$0.005 per square foot of building
It should be noted that because impact fees vary by land use type and because this approval does not
provide this level of specificity as to the actual type of use, the total impact fee of $694,287.70 is at
best a raw estimate. Additionally, there is no guarantee that the project at build-out will have
maximized its authorized level of development. Other fees will include building permit review fees
and utility fees associated with connecting to the County's sewer and water system. Building permit
fees and utility fees have traditionally offset the cost of administering the community development
review process, whereas utility fees are used on their proportionate share of impact to the County
system. Finally additional revenue is generated by application of ad valorem tax rates. The revenue
that will be generated depends on the value of the improvements. At this point in time a model has not
been developed to anive at a reasonable estimate of tax revenue based on ad valorem tax rates.
Nevertheless, it should be appreciated that notwithstanding the fiscal impact relationship, development
takes place in an environment of concurrency management. When level of service requirements fall
below adopted standards, a mechanism is in place to bring about a cessation of building activities.
Certain LOS standards apply countywide and would therefore bring about a countywide concurrency
determination versus roads that may have local geographic concurrency implications,
GROWTH MANAGEMENT IMPACT:
The subject property is located in two land use designations. Approximately 50 acres of the site is
within the Urban (Urban - Mixed Use District, Urban Residential Fringe Sub-district) designation, and
approximately 10 acres of the site is within the Urban (Urban Commercial District, Mixed Use
Activity Center Sub-district) designation, as identified on the Future Land Use Map (PLUM) of the
Growth Management Plan (GMP).
.-
PUDz-O3-AR-4674
2
Agenda Item No. 8E
May 11 , 2004
Page 2 of 66
Both districts/designations allow essential services which include hospitals; the Urban Mixed Use
District allows support medical facilities such as physicians' offices, medical offices, treatment,
research and rehabilitative centers, and pharmacies, provided the dominant use is medically related and
located within 1,4-mile of an existing or approved hospital or medical center. Approval of such support
medical facilities may be granted concurrent with the approval of new hospitals or medical centers
which offer primary and urgent care treatment for all types of injuries and traumas. Based upon the
above analysis, staff concludes the proposed hospital and related support medical facilities can be
deemèd consistent with the Future Land Use Element.
ENVIRONMENTAL ISSUES:
The Environmental Impact Statement (EIS) indicates that approximately 42,03-acres of the South
Florida Water Management District (SFWMD)/Collier County jurisdictional wetlands have been
identified on-site. A total of 13.46 acres of wetlands will be preserved while 28,57-acres are proposed
for impacted. Of this total, seventy percent of the impacts are to wetlands infested with greater than 50
percent exotic vegetation. Mitigation for wetland impacts will be provided in accordance with the
requirements of the SFWMD. It is anticipated that the mitigation will include approximately 13.46-
acres of wetlands to be preserved and enhanced including 2.04 acres of uplands within a single
preserve located on-site.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION:
/-
The Environmental Advisory Commission (EAC) reviewed this petition on April 7, 2004 and they
recommended approval by a vote of 7 to 0 subject to staff stipulations and that the petitioner is
encouraged to provide off-site mitigation due to the amount of wetlands being impacted. This
stipulation has been added to the PUD document.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION:
The CCPC reviewed this petition during their public hearing on April 15, 2004. By a vote of 8 to 0,
the CCPe forwarded Petition PUDZ-03-AR-4674 to the Board of County Commissioners (BCC) with
a'recommendation of approval subject to staff stipulations and EAC stipulations contained in the PUD
document.
The Planning Commissioners found that this petition is consistent with the Growth Management Plan
(GMP) and is compatible with the surrounding development. Because the EAC and CCPC
recommended approval and no one has objected to this petition, this petition qualifies for placement on
the summary agenda, but has not been placed on the summary agenda in order to allow for discussion
by the Board of County Commissioners.
STAFF RECOMMENDATION:
Staff recommends approval of Petition PUDZ-03-AR-4674 subject to staff stipulations contained in the
PUD Document as otherwise described by the Ordinance of Adoption and Exhibits thereto.
PUDz-O3-AR-4674
3
Agenda Item No. BE
May 11, 2004
Page 3 of 66
,-,
Item Number
Item Summary
Meeting Date
Approved By
Ray Bellows
Community Development &
Environmental Services
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
BE
This item requires that all participants be sworn in and ex parte disclosure be
provided by Commission members, Petition PUDZ-O3-AR-4674. Collier HMA,
Inc., A subsidiary of Health Management Associates, Inc" represenled by
Margaret Perry of Wilson Miller, 1m;" and R. Bruce Anderson, of Roetzel &
Andress. requesting a rezone from "A" Rural Agricultural and "TTRVC" Travel
Trailer Recreational Vehicle Campground to "PUD" Planned Unit Development
to be known as Collier Regional Medical Center PUD for a Maximum of 260.000
square feet of hospital and related uses and 80.000 square feet of medical
office and related uses. The property is located on the east side of Collier
Boulevard (CR-951), and approximately 3 miles north of the Tamiami Trail (U,S.
41) in Section 23, Township 50 South. Range 26 East, Collier County. Florida,
5/1112004 9:00:00 AM
Chief Planner
Date
Zoning & Land Development RevIew
4119120042:55 PM
Approved By
Joseph K. Schmit!
Community Development &
Environmental Services
Community Development &
Environmental Services Admlnstrator
Date
Community Development &
Environmental Services AdmIn.
4120120044:15 PM
.-
Approved By
Susan Murray, AICP
Community Development &
Environmental Services
Zoning & land Development Director
Date
Zoning & Land Development Review
4123120041:01 PM
Approved By
Date
Constance A. Johnson
CommunIty Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
4129120049:24 AM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
515/20049:02 AM
Date
Approved By
Michael Smykowskl
County Manager's Office
Management & Budget Director
Office of Management & Budget
5/5/200412:13 PM
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
5/5120041 :07 PM
Agenda Item No. BE
May 11, 2004
Page 4 of 66
Co~-y County
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
DATE:
MARCH 17, 2004
RE:
PETITION NO: PUDZ-03-AR-4674, COLLIER REGIONAL MEDICAL CENTER
OWNER! AGENT:
- - - -------~~--~--- -_____~n~___- - --- ---
Agent: David Wilkison
WilsonMiller, Inc,
3200 Bailey Lane, Suite 200
Naples, Florida 34105
Owner:
Collier HMA, Inc.
5811 Pelican bay Boulevard
Suite 500
Naples, Florida 34108
R. Bruce Anderson
Roetzel & Andress
850 Park Shore Drive
Naples, Florida 34103
REQUESTED ACTION:
To have the Collier County Planning Commission consider an application to rezone the subject site
from "A" Rural Agricultural and "TIRVC" (Travel Trailer-Recreational Vehicle Campground) to
"PUD" (Planned Unit Development) to be known as the Collier Regional Medical Center PUD
permitting a maximum of 260,000 square feet of hospital and related uses and 80,000 square feet of
medical office and related uses,
GEOGRAPHIC LOCATION:
The property is located on the east side of Collier Boulevard (c.R. 951) and approximately 3 miles
north ofTamiami Trail (US-41) in Section 23, Township 50S, Range 26E. (See location map on the
following page. A copy of the Master Plan for the subject site follows the location map).
PURPOSEIDESCRIPTION OF PROJECT:
The subject site is irregularly shaped and is 60 acres in size. The site is also zoned Rural Agricultural
and abuts the "Kountree Kampinn" RV Resort along the southern property line. The site is proposed
for a hospital not to exceed a maximum of 260,000 square feet and medical offices not to exceed
80,000 square feet. The main access will be to Collier Boulevard directly across from Lely Cultural
Parkway.
PUDZ-O3-AR-4674, Collier Regional Medical Center
Agenda Item No. 8E
May 11, 2004
Page 5 of 66
SURROUNDING LAND USE AND ZONING:
Surrounding:
North - Undeveloped and zoned Rural Agricultural.
East - Undeveloped and zoned Rural Agricultural.
South - The Kountree Kampinn RV Resort, single-family residence and undeveloped
land zoned TTRVC and Agricultural.
West- Collier Boulevard and the undeveloped Sierra Meadows PUD pennitting a mix
of commercial and residential uses & Edison Village PUD that is approved for
_54,000 square feet of commercial uses.
...-
-~--_u_- -
GROWTH MANAGEMENT PLAN CONSISTENCY:
The subject property is located in two land use designations. Approximately 50 acres of the site is
within the Urban (Urban - Mixed Use District, Urban Residential Fringe Sub-district) designation,
and approximately 10 acres of the site is within the Urban (Urban Commercial District, Mixed Use
Activity Center Sub-district) designation, as identified on the Future Land Use Map (FLUM) of the
Growth Management Plan (GMP),
PUDZ-O3-AR-4674, Collier Regional Medical Center
2
Agenda Item No. BE
May 11, 2004
Page 6 of 66
Future Land Use Element (FLUE): Relevant to this petition, both districts/designations allow
essential services which include hospitals; the Urban Mixed Use District allows support medical
facilities such as physicians' offices, medical offices, treatment, research and rehabilitative centers,
and pharmacies, provided the dominant use is medically related and located within 1j.¡-mile of an
existing or approved hospital or medical center. Approval of such support medical facilities may be
granted concurrent with the approval of new hospitals or medical centers which offer primary and
urgent care treatment for all types of injuries and traumas. Based upon the above analysis, staff
concludes the proposed hospital and related support medical facilities can be deemed consistent with
the Future Land Use Element.
Transportation Element: The Transportation Department has reviewed the applicant's Traffic
Impact Statement (TIS) and has determined that the project (hospital and medical office uses) will
generate approximately 7,633 Average Daily Traffic at the build-out of the project in 2008. As a
result, the project is projected to significantly impact the following road segments:
Collier Boulevard from the project entrance to Rattlesnake Hammock Road.
Collier Boulevard from Davis Boulevard to the 1-75 Eastbound On/Off Ramp intersection,
Rattlesnake Hammock Road from Collier Boulevard to SL Andrews Boulevar~~- .
However, the funded improvement of Collier Boulevard from Immokalee Road to US-4l to a six-
lane facility is required to mitigate the traffic impacts of the project. In addition, Rattlesnake
Hammock Road is funded for improvement to a 4-lane facility. Based on these and other network
road improvements, only the 1-75 Eastbound On/Off Ramp is projected to experience a Level of
Service below the minimum adopted standard in 2008 with or without the project traffic added, As a
result, this petition is consistent with Policies 1.3, 1.4,5.1 and 5.2 of the Transportation Element.
Conservation and Open Space Element - The POD document indicates that a combination of
landscape, lakes, water management areas, and qualifying open space areas exceeds the Land
Development Code (LDC) requirements. The PUD will also achieve native vegetation preservation or
fe-vegetation requirements of the LDC by re-vegetation of native species in the preserve tracts,
therefore the Conservation and Open Space elements of the GMP will be achieved by the POD
development strategy.
Utilities and Water Manae:ement Element - Water distribution, sewage collection and transmission
systems shall be constructed thought the project by the developer. Potable water and sanitary sewer
facilities constructed within platted rights-of-way, or within dedicated utility easements, shall be
conveyed to Collier County Utilities pursuant to Ordinance 01-57, as amended,
ANALYSIS:
Staff completed a comprehensive evaluation of this land use petition and the criteria on which a
favorable determination must be based. The listed criteria are specifically noted in Section 2,7,2.5
and Section 2.7.3.2.5 of the LDC thus requiring staff evaluation and comment, and shall be used as
the basis for a recommendation of approval or denial by the Collier County Planning Commission
(CCPC) to the Board of County Commissioners (BCe). These evaluations are completed as separate
documents and are attached to the staff report. Appropriate evaluation of petitions for rezoning
should establish a factual basis for supportive action by appointed and elected decision-makers.
PUDZ-O3-AR-4674. Collier Regional Medical Center
3
Agenda Item No. 8E
May 11, 2004
Page 7 of 66
.-
The evaluation by professional staff should typically include an analysis of the petition's relationship
to the community's Future Land Use Plan, and whether or not a rezoning action would be consistent
with the Collier County GMP in all of its related elements (See Exhibit "A" and Exhibit "B"). Other
evaluation considerations should include an assessment of adequacy of transportation infrastructure,
other infrastructure, and compatibility with adjacent land uses, a consideration usually dealt with as a
facet of analyzing the relationship of the rezoning action to the long range plan for future land uses.
Notwithstanding the above, staff in reviewing the detenninants for adequate findings to support a
rezoning action advise as follows:
Environmental Review - The Environmental staff has reviewed the project's Environmental Impact
Statement (EIS) and has recommended approval subject to the conditions contained in Section 6.4 of
the PUD document including those conditions as noted below, The EIS was presented to the
Environmental Advisory Council (EAC) on April 7, 2004, and the recommended approval subject to
the modifications contained in the EAC Staff Report (Exhibit "C").
1. The developer shall obtain a Surface Water Management Pennit from the South Florida Water
Management District prior to site development plan approval.
2, The project shall comply with the guidelines of the United States Fish & Wildlife Service
(USFWS) for impacts to protected species, A habitat management plan for those species shall
be submitted to the Environmental Services Department for review and approval prior to site
development plan approval.
Transportation Department Review - The Transportation Department has recommended approval
subject to the following:
1. The Developer shall provide a 10-foot wide pedestrian pathway adjacent to or within the Big
Cypress Basin Canal easement along the project frontage along Collier Boulevard (CR-95 1).
The petitioner is requesting that this pedestrian pathway be 6 feet wide.
2. A Florida Department of Transportation (FDOT) standard deceleration lane is required at the
proposed access point off of Collier Boulevard,
3. The Developer shall coordinate with the Transportation Department plans for the 6-lane
improvement project to CR-951.
4, A vehicular interconnection to the adjacent properties to the north and south shall be
provided.
ZoniD!!: Review - The subject property is located in two land use designations. Approximately 50
acres of the site is within the Urban (Urban - Mixed Use District, Urban Residential Fringe Sub-
district) designation, and approximately 10 acres of the site is within the Urban (Urban Commercial
District, Mixed Use Activity Center Sub-district) designation, as identified on the Future Land Use
Map of the Growth Management Plan.
The petitioner's stated intent is to primarily construct a hospital not to exceed a maximum of260,000
square feet and medical offices not to exceed 80,000 square feet. Both districts/designations allow
essential services which include hospitals; and the Urban Mixed Use District allows support medical
facilities such as physicians' offices, medical offices, treatment, research and rehabilitative centers,
and phannacies, provided the dominant use is medically related and located within 'Ä mile of existing
or approved hospital or medical center. Therefore, the proposed hospital and related support medical
facilities can be deemed consistent with the Future Land Use Element.
PUDZ-O3-AR-4674, Collier Regional Medical Center
4
Agenda Item No. 8E
May 11, 2004
Page 8 of 66
<-
The PUD development standards require that the principal structures will be a minimum of 30 feet
from public road right-of-ways and project boundaries and 15 feet between structures, These setback
requirements are similar to other approved essential service projects in Collier County. The PUD also
penn its a maximum height of 100 feet, which is the same height that is pennitted within the Cultural
and Educational tracts within the Lely Resort PUD. The petitioner indicates that proposed building is
consistent with the standard design for a hospital of this size to efficiently function. Furthennore, a
portion of the project is located within the Activity Center, which may pennit commercial facilities of
similar height. In order to minimize the impact of the building height, the developer has agreed to set
back the hospital structure approximately 400 feet from the CR-95l right-of-way.
To improve compatibility with adjacent land uses, the project will be subject to the landscape and
buffer requirements of the Land Development Code. The petitioner has also provided additional
landscaping along the southern property line to buffer the hospital uses from the adjacent R V Resort
(Exhibit "0"). In addition, the hospital and medical office buildings will be subject to the
architectural design criteria of the LDC and as modified in the PUD document. The applicable
reviewing staff has approved the requested deviations from the LDC as provided for in the POD
document. Because a portion of the project is located within a commercial Activity Center, the
proposed hospital is deemed to be consistent with these pennitted uses. Furthennore, the site is
opposite the undeveloped Sierra Meadows PUD that penn its a mix of commercial and residential
uses and the Edison Village POD that is approved for 54,000 square feet of commercial uses. Based
on these findings, staff is of the opinion that the proposed hospital is compatible with the adjacent
land uses.
Utility Infrastructure - The Utilities Department has recommended approval subject to the
following: Easements shall be provided to Collier County Utilities for three separate well field
locations adjacent to the northern property boundary. The smallest well site area will be
approximately 50 x 50 square feet while the largest site will be approximately 100 x 150 square feet
in area. These well sites will be spaced a minimum of 114 mile apart. These facilities will be within
the access roadway's Collier County Utility easement. These easement areas will be provided to
Collier County Utilities upon request. Development of the land will proceed on the basis of
connection to the County's sewer and water distribution system. These facilities are to be designed,
constructed, conveyed, owned, and maintained in accordance with the current Collier County
ordinances. Water management facilities will be constructed to meet current County Ordinances.
These facilities will be reviewed and approved as a function of obtaining subsequent development
order approvals. The petitioner has agreed to these conditions and has incorporated these
recommendations into the POD document.
Community Infrastructure and Services - The subject property is readily accessible to a whole
range of community inftastructure that is enhanced by its interface with Collier Boulevard and close
proximity to Rattlesnake Hammock Road. Shopping centers and medical offices of various specialty
stores are all within a short driving distance, Regarding the matter of timing, it should be appreciated
that development has been approved within this area and Activity Center. After considering the
availability of community inftastructure, the expansion of Collier Boulevard (CR-95l) and
emergency (fire & police) services, it is clear that the development of the subject property is timely
and consistent with the GMP,
PUDZ-O3-AR-4674, Collier Regional Medical Center
5
Agenda Item No. 8E
May 11, 2004
Page 9 of 66
--____m
Public Information Meetin2: The petitioner held a Public Infonnation Meeting on December 15,
2003, at the Edison Community College Auditorium. Approximately twenty persons attended the
presentation given by WilsonMiller, Inc., representing Collier HMA, Inc. Several persons expressed
concern over increased noise from emergency sirens, the project's ingress/egress, and landscaping,
The petitioner stated that the Conservation Area and landscape plantings within this buffer area shall
be in excess of that required by the LDc.
STAFF RECOMMENDATION:
That the Collier County Planning Commission (CCPe) recommend approval of Petition PUDZ-03-
AR-4674 subject to the conditions of approval that have been incorporated in the PUD document and
as otherwise described by the Ordinance of Adoption and Exhibits thereto.
PUDZ-O3-AR-4674, Collier Regional Medical Center
6
Agenda Item No, 8E
May 11, 2004
Page 10 of 66
REZONE FINDINGS
PETITION PUD-O3-AR-4674
Division 2.7.2.5. of the Collier County Land Development Code requires that the report and
recommendations of the Planning Commission to the Board of County Commissioners shall
show that the Planning Commission has studied and considered the proposed change in
relation to the following, where applicable:
1.
Whether the proposed change will be consistent with the goals, objectives, and
policies and Future Land Use Map and the elements ofthe GMP.
The subject property is located in two land use designations, the Urban (Urban - Mixed
Use District, Urban Residential Fringe Sub-district) designation, and the Urban (Urban
Commercial District, Mixed Use Activity Center Sub-district) designation, Relevant to
this petition, both districts/designations allow essential services which include
hospitals; and the Urban Mixed Use District allows support medical facilities such as
physicians' offices, medical offices, treatment, research and rehabilitative centers, and
phannacies, provided the dominant use is medical related. Approval of such support
medical facilities may be granted concurrent with the approval of new hospitals or
medical centers which offer primary and urgent care treatment for all types of injuries
and traumas. Based upon the above analysis, staff concludes the proposed hospital and
related support medical facilities can be deemed consistent with the Future Land Use
Element.
2.
The existing land use pattern.
To the North is undeveloped land that is zoned Rural Agricultural. To the east are
undeveloped land that is zoned Rural Agricultural. To the south is the Kountree
Kampinn R V Resort and single- family residential along with undeveloped land zoned
TTR VC and Agricultural. Lastly, to the west are Collier Boulevard and the
undeveloped Sierra Meadows PUD.
3.
The possible creation of an' isolated district unrelated to adjacent and nearby
districts.
The rezone to the Collier Regional Medical Center PUD is of sufficient in size and
located within an Activity Center that permits the proposed uses. Therefore, the
subject petition will not result in an isolated district unrelated to adjacent and nearby
districts. It is also consistent with expected land uses by virtue of its consistency with
the FLUE.
4.
Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
The Proposed Collier Regional Medical Center PUD district boundaries are logically
drawn and they are consistent with the FLUE of the GMP.
PUDZ-O3-AR-4674, Collier Regional Medical Center
7
Agenda Item No, BE
May 11 , 2004
Page 11 of 66
5.
EXHIBIT "A"
Whether changed or changing conditions make the passage of the proposed
amendment necessary.
The proposed medical center (hospital) is appropriate since the area is developing with
commercial and residential uses that could benefit from a medicallhospital facility in
this area. The petitioner contends that because the existing medicallhospital facilities
are located in the northwest and southwest areas of Collier County, longer emergency
response times typically result in serving residents in eastern Collier County.
Furthermore, the subject property is located in the Urban Residential Fringe Sub-
district and partially within the Urban Commercial District, Mixed Use Activity
Center Sub-district designation, which permits essential services (hospitals), support
medical facilities such as physicians' offices, medical offices, treatment, research and
rehabilitative centers.
6.
Whether the proposed change will adversely influence living conditions in the
neighborhood.
The proposed change will not adversely influence living conditions within the
neighboring properties due to the project's consistency with the GMP and
compatibility with neighboring properties, The proposed rezone will have no
significant impact on any adopted level of service standard.
7.
Whether the proposed change will create or excessively increase traffic
congestion or create types of traffic deemed incompatible with surrounding land
uses, because of peak volumes or projected types of vehicular traffic, including
activity during construction phases of the development, or otherwise affect public
safety.
Evaluation of this project took into account the requirement for consistency with
Policy 5.1 and 5.2 of the Traffic Element of the GMP. These are policy statements
advising that this project when developed will not excessively increase traffic
congestion. .
8.
Whether the proposed change will create a drainage problem.
The LDC specifically provides the development standards that are designed to reduce
the risk of flooding on nearby properties. New development in and of itself is not
supposed to increase flooding potential on adjacent property over and above what
would occur without development. In summary, the Collier Regional Medical Center
has been reviewed for consistency with the applicable regulations and required to
mitigate all surface drainage generated by developmental activities as a condition of
approval.
9.
Whether the proposed change will seriously reduce light and air to adjacent
areas.
PUDZ-O3-AR-4674, Collier Regional Medical Center
8
Agenda Item No. 8E
May 11, 2004
Page 12 of 66
14.
15.
All projects in Collier County are subject to the development standards that are unique
to the zoning district in which it is located. These development standards and others
apply generally and equally to all zoning districts (i.e. open space requirement,
corridor management provisions, etc.) were designed to ensure that light penetration
and circulation of air does not adversely affect adjacent areas,
10.
Whether the proposed change will adversely affect property values in the
adjacent area.
The proposed hospital and medical office uses and applicable development standards
within this PUD are consistent with all Collier County requirements. As a result, staff
is of the opinion that the proposed PUD will not adversely impact property values.
11.
Whether the proposed change will be a deterrent to the improvement or
development of adjacent property in accordance with existing regulations.
The undeveloped properties nearby the proposed Collier Regional Medical Center
PUD should not be affected by the requested zone change in that the project provides a
landscape buffer, provides increased setbacks and is consistent with the approved
zoned projects in the area,
12.
Whether the proposed change will constitute a grant of special privilege to an
individual owner as contrasting with the public welfare.
The proposed development complies with the GMP. In light of this fact the proposed
PUD does not constitute a grant of special privilege. Consistency with the FLUE is
further determined to be a public welfare relationship because actions consistent with
plans are in the public interest.
13.
Whether there are substantial reasons why the property cannot be used in
accordance with existing zoning.
The subject property is being developed in accordance with the existing Future Land
Use Element. In addition, the Future Land Use Element of the GMP states that the
Urban designated areas are the preferred locations for essential services such as
hospitals.
Whether the change suggested is out of scale with the needs of the neighborhood
or the County;
The proposed PUD complies with the GMP and will not adversely impact the scale,
density and overall intensity of land uses deemed to be acceptable throughout the
urban designated areas of Collier County.
Whether it is impossible to find other adequate sites in the County for the
proposed use in districts already permitting such use.
PUDZ-O3-AR-4674. Collier Regional Medical Center
9
Agenda Item No. BE
May 11, 2004
Page 13 of 66
There are many sites that are zoned to accommodate the proposed development. This
is not the detennining factor when evaluating the appropriateness of a rezoning
decision.
16.
The physical characteristics of the property and the degree of site alteration
which would be required to make the property usable for any of the range of
potential uses under the proposed zoning classification.
The area within the subject site affected by the proposed rezone is currently structured
and consistent with the Future Land Use Element to receive such development.
17.
The impact of development on the availability of adequate public facilities and
services consistent with the levels of service adopted in the Collier County
Growth Management Plan and as defined and implemented through the Collier
County Adequate Public Facilities Ordinance, as amended.
A multi-disciplined team responsible for jurisdictional elements of the GMP has
reviewed this petition and they have found it consistent with the GMP. The conditions
of approval have been incorporated into the PUD document. Staff reviews for
adequacy of public services and levels of service detennined that required
infrastructure meets with GMP established relationships. The proposed change will
have no affect upon those conditions.
PUDZ-O3-AR-4674, Collier Regional Medical Center
Agenda Item No. BE
May 11 , 2004
Page 14 of 66
10
FINDINGS FOR PUD
PUD-O3-AR-4674
Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning
Commission to make a finding as to the POD Master Plan's compliance with the following
criteria:
1. The suitability of the area for the type and pattern of development proposed
in relation to physical characteristics of the land, surrounding areas, traffic
and access, drainage, sewer, water, and other utilities.
Jurisdictional reviews by County staff support the manner and pattern of
development proposed for the subject property. Development conditions contained
in the Collier Regional Medical Center POD document give assurance that all
infrastructures will be developed consistent with County regulations. Any
inadequacies that require supplementing the POD document will be recommended
to the Planning Commission and the BCC as conditions of approval by staff.
Recommended mitigation measures will assure compliance with Level of Service
relationships as prescribed by the GMP,
2. Adequacy of evidence of unified control and suitability of any proposed
agreements, contract, or other instruments, or for amendments in those
proposed, particularly as they may relate to arrangements or provisions to be
made for the continuing operation and maintenance of such areas and
facilities that are not to be provided or maintained at public expense.
Documents submitted with the application provide evidence of unified control.
The Collier Regional Medical Center POD document makes appropriate
provisions for continuing operation and maintenance of common areas.
3. Conformity of the proposed Planned Unit Development with the goals,
objectives and policies of the Growth Management Plan.
The subject petition has been found consistent with the goåls, objectives and
policies of the GMP. A more detailed description of this conformity is addressed
in the Staff Report.
4, The internal and external compatibility of proposed uses, which conditions
may include restrictions on location of improvements, restrictions on design,
and buffering and screening requirements.
The POD Master Plan has been designed to optimize internal land use
relationships through the use of various fonns of open space separation. The LDC
to assure hannonious relationships between projects automatically regulates
external relationships.
EXHIBIT "B"
PUDZ-O3-AR-4674, Collier Regional Medical Center
II
Agenda Item No. 8E
May 11, 2004
Page 15 of 66
,-_.~._,._-
5. The adequacy of usable open space areas in existence and as proposed to
serve the development.
The amount of open space set aside by this project is consistent with the provisions
of the Land Development Code.
6. The timing or sequence of development for the purpose of assuring the
adequacy of available improvements and facilities, both public and private.
Timing or sequence of development in 11ght of concurrency requ1rements is not a
sign1ficant problem.
7.
The ability of the subject property and of surrounding areas to accommodate
expansion.
Ability, as applied in this context, implies supporting infrastructure such as
wastewater disposal system, potable water supplies, character1stics of the property
relative to hazards, and capacity of roads, is supportive of conditions emanating
from urban development. This assessment is described at length in the staff
report. In addition, this petÎt10n will not adversely impact any previous
detenninatlon of consistency with the GMP. The project is also timely because
the supporting infrastructure is available.
8.
Conformity with PUD regulations, or as to desirable modifications of such
regulations in the particular case, based on determination that such
modifications are justified as meeting public purposes to a degree at least
equivalent to literal application of such regulations.
This criteria essentially requires an evaluation of the extent to which development
standards proposed for this POD depart from development standards that would
be required for the most similar conventional zoning district. The development
standards in this POD are sim11ar to those standards. The change is simply a shift
in the amount of commercial use.
PUDZ-O3-AR-4674, Collier Regional Medical Center
12
Agenda Item No. BE
May 11, 2004
Page 16 of 66
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Ill.
ItemV.A.
ENVIRONMENTAL ADVISORY COUNCIL
STAFF REPORT
MEETING OF APRIL 7. 2004
I.
NAME OF PETITIONERIPROJECT:
Petition No.:
Planned Unit Development
No. PUDZ-2003-AR-4674
Collier Regional Medical Center PUD
Collier HMA, Inc., a Subsidiary of
Health Management Associates, Inc.
WilsonMiller, Inc.
Passarella and Associates, Inc.
Petition Name:
A pplicantlDeveloper:
Engineering Consultant:
Environmental Consultant:
LOCA nON:
The subject property is an undeveloped 60 acre parcel located on the east side of
Collier Boulevard (County Road 951), approximately 1/2 mile north of Saba1 Palm
Road, in Section 23, Township 50 South, Range 26 East, Collier County, Florida.
DESCRIPTION OF SURROUNDING PROPERTIES:
SUITounding properties are mostly undeveloped, with an RV Park immediately to
the south and several single-family residences to the south and southeast of the
project site,
ZONING
DESCRIPTION
N-
Agricultural
Undeveloped
S-
Agricultural
TfRVC
Partially Developed
Developed
(RV Resort)
E-
Agricultural
Undeveloped
w-
R.O.W.
Collier Blvd.
Agenda Item No, 8E
May 11, 2004
Page 18 of 66
EAC Mccting
Page 2 of7
IV.
PROJECT DESCRIPTION:
The petitioner is requesting a rezone from Rural Agriculture to PUD to be known
as the Collier Regional Medical Center. The project proposes 260.000 square feet
of hospital and related uses and 80.000 square feet of medical office uses.
v.
GROWTH MANAGEMENT PLAN CONSISTENCY:
Future Land Use Element:
The subject property is located in two land use designations, approximately 50
acres of the site is within the Urban (Urban - Mixed Use District. Urban
Residential Fringe Sub-district) designation. and approximately to-acres of the
site is within the Urban (Urban Commercial District. Mixed Use Activity Center
Sub-district) designation. as identified on the Future Land Use Map of the Growth
Management Plan, Relevant to this petition. both districts/designations allow
essential services which include hospitals; and the Urban Mixed Use District
allows support medical facilities such as physicians' offices, medical offices.
treatment. research and rehabilitative centers, and pharmacies, provided the
dominant use is medical related and located within 14 mile of existing or approved
hospital or medical center. Approval of such support medical facilities may be
granted concurrent with the approval of new hospitals or medical centers which
offer primary and urgent care treatment for all types of injuries and traumas.
Stipulations to ensure that the construction of the support medical facilities is
concurrent with hospitals or medical centers shall be detennined at the time of
zoning approval, Based upon the above analysis. staff concludes the proposed
hospital and related support medical facilities can be deemed consistent with the
Future Land Use Element.
Conservation & Coastal Manaeement Element:
Objective 2.2. of the Conservation and Coastal Management Element of the
Growth Management Plan states "All canals, rivers. and flow ways discharging
into estuaries shall meet all applicable federal. state, or local water quality
standards".
To accomplish that. policy 2.2.2 states "In order to limit the specific and
cumulative impacts of stonnwater runoff, stormwater systems should be designed
in such a way that discharged water does not degrade receiving waters and an
attempt is made to enhance the timing, quantity, and quality of fresh water
(discharge) to the estuarine system".
This project is consistent with the objectives of policy 2.2.2 in that it attempts to
Agenda Item No. 8E
May 11, 2004
Page 19 of 66
--"-
EAC Meeting
Page 3 of7
mimic or enhance the quality and quantity of water leaving the site by utilizing
lakes and interconnected wetlands to provide water quality retention and peak
now attenuation during storm events,
The project as proposed is consistent with the Policies in Objective 6.1 and 6.2 of
the Conservation & Coastal Management Element, for the following reasons:
Greater than fifteen percent (15 %) of the existing native vegetation will be
retained on-site and set aside as preserve areas with conservation easements
prohibiting further development. Selection of preservation areas, are consistent
with the criteria listed in Policy 6,1.1.
The Preserve area is located adjacent to undeveloped lands to the east, allowing
for possible future connection to the Belle Meade Natural Resource Protection
Area (NRP A), about a half mile to the east of the subject property.
Habitat management and exotic vegetation removalfmaintenance plans will be
required at the time of Site Development Plan/Construction Plan submittal.
Preserve areas shall be required to be maintained free of Category I invasive
exotic plants, as defined by the Florida Exotic Pest Plant Council.
Littoral shelf planting areas within wet detention ponds shall be required at the
time of Site Development Plan/Construction Plan submittal, and will be required
to meet the minimum planting area requirement in Policy 6.1.7.
The requirement for an Environmental Impact Statement (EIS) pursuant to Policy
6.1.8 has been satisfied.
Jurisdictional wetlands have been identified as required in Policies 6.2.1 and
6.2,2. Agency permits will be required at the time of Site Development,
Plan/Construction Plan submittal. As stated in Policies 6.2.3 and 6.2.4, where
pemits issued by jurisdictional agencies allow for impacts to wetlands within the
Urban Designated Area and require mitigation for such impacts, this shall be
deemed to meet the objective of protection and conservation of wetlands and the
natural functions of wetlands within this area.
In accordance with Policy 6,2.6, required preservation areas are identified on the
PUD master plan. Allowable uses within the preserve areas are included in the
PUD document, with changes to these uses stipulated in the staffreport. Uses
within preserve areas shall not include any activity detrimental to drainage, flood
control, water conservation, erosion control, or fish and wildlife conservation and
preservation,
A wildlife survey for listcd species in accordance with Policy 7.1.2 is included in
the Environmental Impact Statement (EIS). Wildlife habitat management plans
Agenda Item No, 8E
May 11, 2004
Page 20 of 66
EAC Meeting
Page 4 of7
for listed species will be required at the time of Site Development
Plan/Construction Plan submittal. Due to the OCCUITence of state listed wildHfe
species on-site and the proximity of the project site to Priority One Panther
Habitat (Belle Meade Natural Resource Protection Area), a copy of the EIS will
be forwarded to the Florida Fish and Wildlife Conservation Commission
(FFWCC) and U,S. Fish and Wildlife Service (USFWS) for their review.
VI.
MAJOR ISSUES:
Stonnwater Manaeement:
This entire site sits within the Henderson Creek Watershed and is allowed a
maximum discharge rate of 0.15 cfs. Discharge will be into the Henderson Creek
Canal, which is contiguous to the westernmost boundary of the project.
The proposed internal surface water management system calls for a combination
of interconnected lakes and dry retention/detention areas and a wetland preserve
to provide water quality retention and peak flow attenuation.
We estimate that there is a 5 ft. fluctuation from wet season water table (WSWT)
to dry season water table (DSWT) in this area, which may have some effect on the
lake littoral plantings.
Because of the size of the project and the presence of wetlands, this project must
apply for a Surface Water Management Permit from the South Florida Water
Management District.
The site has been evaluated for basin storage impacts and has been detemined to
be an exporter property for the lOO-year, 72-hour design stom event. As such,
the post-development discharge volume shall not exceed the pre-development
discharge volume up to the lOO-year, 72-hour design storm event.
Environmental:
Site Description:
The subject property is an undeveloped 60 acre parcel located on the east side of
Collier Boulevard (County Road 951), approximately Yz mile north of Sabal Palm
Road. Native habitats on-site include pine flatwoods, pine/cypress,
pinelcypress/cabbage palm, cypress and wax-myrtle/willow. Also on-site is an
electrical transmission line running north south, near the center of the property.
According to the Collier County Soils Map, four soil types occur on the subject
property: Pineda Fine Sand, Limestone Substratum (Unit 14); Boca Fine Sand
(Unit 21); Boca, Riviera, Limestone Substratum, and Copeland Fine Sands,
Agenda Item No. BE
May 11, 2004
Page 21 of 66
EAC Meeting
Page 5 of 7
Depressional (Unit 25); and Hallandale and Boca Fine Sands (Unit 49). All soil
types on-site except for Boca Fine Sand (Unit 21), are listed as hydric by the
Natural Resources Conservation Service,
Nails marking biological indicators of wetland seasonal high water levels were set
in the field on June 26, 2003. Two sets of nails were set marking the bottom of
lichen lines on cypress trees and top of adventitious rooting on Melaleuca. One set
of nails was located west of the FPL easement and one set east of the easement.
The elevations of the nails were subsequently surveyed. The average elevation of
the nails west of the FPL casement was 9.4 feet NGVD and the average for the
nails east of the easement was 9,6 feet NGVD,
Wetlands:
Approximately 42,03 acres of South Florida Water Management District
(SFWMD)/Collier County jurisdictional wetlands have been identified on the
property. Wetland lines were field verified and approved by SFWMD staff on
May 23, 2003. Habitats types within the wetlands consist of wax-myrtle/willow,
cypress and cypress/pine/cabbage palm.
Approximately 28.57 acres of wetlands will be directly impacted by the proposed
project. Seventy percent of the impacts are to wetlands with greater than 50
percent exotie vegetation.
To compensate for proposed impacts to wetlands, the applicant is proposing to
preserve and enhance approximately 13.46 aeres of wetlands and 2,04 acres of
uplands within a single preserve on-site. The preserve area will be enhanced
through removal of exotic and nuisance vegetation, Off-site mitigation is not
proposed at this time, Mitigation for impacts to jurisdictional wetlands will be
determined during permitting through the SFWMD and U.S. Army Corps of
Engineers (USACOE).
Preservation ReQuirements:
The subject property contains approximately 44 acres of native vegetation, 15
percent (6,6 acres) of which are required to be preserved in order to fulfill the
native vegetation preservation requirement of the County, This on-site native
vegetation preservation requirement is satisfied by the 15.5 acres identified for
preservation on the PUD master plan.
Listed Suedes:
A listed plant and wildlife species survey was conducted on November 13 and 14,
2002 and June 12, 2003 to determine whether the site was being utilized by state
Agenda Item No. BE
May 11 , 2004
Page 22 of 66
EAC Meeting
^,-
Page 6 of7
or federal listed species. In addition, any listed plant or wildlife species observed
during vegetation mapping and wetland flagging conducted on September 30,
2002 and June 11 and 26, 2003 were also noted.
The "Horida Atlas of Breeding Sites for Herons and Their Allies was referenced
for locations of breeding colonies of both listed and non-listed species of wading
birds. No rookeries were listed as occuning on-site. The nearest recorded sites are
located eight miles away to the south of the subject property.
A review was conducted of Florida Fish and Wildlife Conservation Commission
(FFWCC) data base for bald eagle nest locations, red-cockaded woodpecker
cavity tree locations, and Florida black bear and Florida panther telemetry points
within the vicinity of the project site. The nearest recorded eagle nest is CO-14
located about three miles northeast of the project site. No red-cockaded
woodpecker cavity trees, black bear telemetry points, or panther telemetry points
were documented on the project site, The nearest documented red-cockaded
woodpecker cavity trees are approximately Y2 mile west of the project site. The
nearest documented black bear and panther telemetry points are approximately Y2
mile southeast of the project site.
The subject property does not occur within Priority 1 or 2 Panther Habitat The
nearest Priority Panther Habitat is Y2 to % of a mile to the east of the subject
parcel, in the Belle Meade Natural Resource Protection Area (NRPA).
A little blue heron was observed during the November 13, 2002 listed species
survey. The little blue heron is listed as a Species of Special Concern by the
FFWCc. The listed species surveys also identified seven squirrel nests on the site,
but only a gray squirrel was observed during the survey. No other listed wildlife
species were observed during the listed species surveys or during vegetation
mapping or wetland flagging.
VII.
RECOMMENDATIONS:
Staff recommends approval of Planned Unit Development No. PUDZ-2003-AR-
4674 "Collier Regional Medical Center POD" with the following stipulations:
Stonnwater Mana2ement:
1.
That the Collier Regional Medical Center must obtain a Surface Water
Management Pennit or an Environmental Resource Permit from the South
,,-,
Agenda Item No. BE
May 11, 2004
Page 23 of 66
EAC Meeting
Page 7 of 7
Florida Water Management District prior to any Development Order
approval.
2,
Add the following stipulation to Section 2.5 of the POD document.
The site has been evaluated for basin storage impacts and has been
determined to be an exporter property for the lOO-year, 72-hour design
storm event. As such, the post-development discharge volume shall not
exceed the pre-development discharge volume up to the l00-year, 72-hour
design storm event.
Environmental:
1.
Change the title of Section V of the PUD document from
"Conservation/W ater Management District" to "Preserve District". Amend
the same title in Sections 2,11, 2,14 & 5.2 of the PUD document and on the
PUD master plan.
2,
Amend Section 5.3 (A) (2) of the PUD document to read as follows:
"Passive recreational, pervious nature trails, boardwalks and recreational
shelters. "
3.
Amend Section 5.3 (A) (3) of the PUD document to read as follows:
"Water management structures."
4,
Change the word "Plan" to "Plant" in "Exotic Pest Plant Council" in section
6.4 (D) of the PUD document.
Agenda Item No. 8E
May 11, 2004
Page 24 of 66
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R V RESORT
December 5, 2003
RE: Collie'f Regional Medical Center
Mr. Ray Bellows
Collier County Developrr ent Services
2800 N. Horseshoe DrivE!
Naples, Fl. 34104
Dear Mr. Bellows, '
Robert Heed, Resort M,mager , and I met today with Mr. Randy Holly of HMA, hic. and Mr.
David Wilkinson of Wilsc.n Miller, Inc. to discuss HMA's plans for their new hospital. HMA's
10spital is to be located immediately adjacent to our RV. Resort, Kountree Kampìnn. Mr,
rlolly and Mr. Wilkinson shared with us a preliminary site plan for the hospital develcpment
;?md discussed in detail nlany aspects of the hospital development. They also shared 1vith us
some preiiminary plans:or the landscape buffer that will exist bE!tween our developì\ents.
They presented two options for this buffer-one with a six-foot masonry wall and
landscapíng, and one '^iÌth a landscape berm with dense planting. As Mr. Wilkinson
'3xplained, the county'equires the masonry wall (per section 2.6.11.4.2 of thu land
Development Code) bU1 may allow a landscape berm instead if acceptable to the adjacent
property owner and with he approval of the Planning Services Director. Of these two options
presented, we would pre1er the landscape berm option,
Sincerely. /u}
KountreeRV L,TO /, ' ,. /" '-+-,'
'\ /U /J2_~: 4~p¿.>f;)
c..A:, l.__//
Fritz GP. Christinat
Ownerl President
dm
Iì.~MttiIT 110" Agenda Item No. BE
- 8230 Collier BouleV3.cd' Naples. Florida 34114 May I I, 2004
~ hone: (239) 775-4340' Fax: (: 39) 775-2269' kountree.kampìnn@worldnet.att.nct . www.KountreeK~g~.~~ of 66
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APPLIGATION FOR PUBLIC HEARING FOR:
[gJPUD REZONE
DpUD TO PUD REZONl:
Petition No.: --
Planner Assigned:
Date Received: --
Commission District:
A.BOVE TO BE COMPLETED BY STAFF
--
1.
General Information:
Name of Applicant(~)
Collier HMA. Inc., a Subsidiary of Health Management
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Associates. Inc.
Applic.ant's Mailing }\ddress 5811 Pelican Bav Boulevard. Suite 500
City
Naples
State
FL
Zip
34108
Applicant's Telephone #
239-598-3176
. Fax#
239-594-7368
Applicant's E-Mail Address:
Name of Agent R. 3ruce Anderson
Firm Youna. van A~,sendero, Varnadoe and Anderson. P.A.
Agent's Mailing Address
801 Laurel Oak Drive. Suite 300
City
Naples
State
FL
Zip
3410;3
Agent's Telephone 1~
239-597-2814
Fax #
239-597-1060
Agent's E-Mail Address: bandersonCWvwalaw.corn
....
Il171r2fJOS. """"'" VI' 010. MPERRY
03IIZ><I01- PPU)- 17"""
Agenda Item No. BE
May 11, 2004
Page 27 of 66
1
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03!I2S-00"""" PP\,O- 27...
Name of Agent
rAarQaret Perry. AICP Firm Wilson Miller. Inc
Agent's Mailing Add .ess 3200 Bailey Lane. Suite 200
City
NaDles
State
FL
Zip
341 O~;
Agent's Telephone #
239-649-4040
Fax #
239-263-6446
Agent's E-Mail Address:
maroaretperrv@wilsonmiller,com
COLLIER COUNTY COMMUNITY DEVELOPMENT
PL~NING SERVICES/CURRENT PLANNING
2800 N. HORSESHOE DRIVE-NAPLES, FL 34104
PHONE (941) 403-2400/FAX (941) 643-6968
*Be aware that Collier County has lobbyist regulations. Guide yourself accordlnnly
and ensure that you are in compliance with these regulations.
Complete the following for ;;111 Association(s) affiliated with this petition. (Provide addiU:mal
sheets if necessary)
Name of Homeowner Ass,)ciatlon:
N/A
City
N/A
City
N/A
. City
State - ZiP.
Mailing Address
Name of Master Association:
State_Zip.
Mailing Address
Name of Civic Association:
State - ZiP.
Mailing Address
2.
Disclosure of InteTt~st Information:
a.
If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety,
tenancy in common, or joint tenancy, list all parties with an ownership interest as
well as the per:entage of such interest. (Use additional sheets if necessary).
Name and Adc ress
Percentage of Ownership
b.
If the property is owned by a CORPORATION, list the officers and stockholders
and the percer tage of stock owned by each.
Name and Adc ress, and Office
Percentage of Stock
Agenda Item No, 8E
May 11 , 2004
Page 28 of 66
2
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Joseph V. Vurnbacco, President and CEO
Robert E. Famham, Senior Vice President-Finance and CFO
Timothy R. Parry, Senior Vice President
Peter M. Lawson, Executive Vice President
Jon P. Vollme ., Executive Vice President
.8%
,1%
.1%
.1%
.1%
HMA, Inc. is a publicly traded company on the New York Stock ExchangE! with
thousands of ~.tockholders.
c.
If the property is in the name of a TRUSTEE, list the beneficiaries of thE! trust with
the percentagE! of interest.
Name and Address
Percentage of Intere:;t
d.
If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the
name of the general and/or limited partners.
Name and Address
Percentage of Owne-ship
e.
Jf there is a CONTRACT FOR PURCHASE, with an individual or ¡nd viduals, a
Corporation, ì rustee, or a Partnership, list the names of the contract ~,urchasers
below, includir.g the officers, stockholders, beneficiaries, or partners.
Name and Adclress
Percentage of Owne'ship
Date of Contract:
f.
If any contingency clause or contract terms involve additional partit~s, list all
individuals or clfficers, if a corporation, partnership, or trust.
Name and Adc ress
g.
Date subject pl'Operty acquired (x) leased ( ):
_---.Yfs./mos.
3/12/03
Term of lease
If, Petitioner h~ls option to buy, indicate date of option:
terminates: . or anticipated closing date
and datl~ option
h. Should any changes of ownership or changes in contracts for purchase occur subsequent
to the date of apl>lication, but prior to the date of the final public hearing, it h the
responsibility of the applicant, or agent on his behalf, to submit a supplemental
disclosure of interest form.
3.
Detailed lecal des( riction of the DroDertv covered by the acDlication: (If space is
inadequate, attach on separate page.) If request involves change to more than one
zoning district, include separate legal description for property involved in eaGh district.
Agenda Item No. 8E
May 11, 2004
Page 29 of 66
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Applicant shall subrnit four (4) copies of a recent survey (completed within the last six
months, maximum 1" to 400' scale) if required to do so at the pre-application meeting.
NOTE: The applicant is responsible for supplying the correct legal deseription. If
questions arise cor cerning the legal description, an engineer's certification or sealed
survey may be requ red.
Section:
23
Township:
50 South
Range:
26 East
Lot: -- Block:
Subdivision:
Plat Book- Pa~le #:
I.D,#:
Property
Metes & Bounds Description:
detailed leaat description,
Please refer to Section 1.2 of the PUD documønt for
Size of property:
ft. X
ft. = Total Sq. Ft.
Acres 60
AddressJaenerallc,cation of subject property:
approximatelv three miles north of U,S. 41
East side of Collier Boulevard.
pue District (LDG 2,2.20.4):
0 Residential [8J Community Facilities
0 Commercial 0 Industrial
7. Adjacent zenina and land use:
Zoning
Land use
N "A"
Undeveloped propertv
S "TTRVC" & "A"
Kountree Kampinn RV Resort. sinale family residence ¡:md
undeveloped propertv
E "N
Undeveloped property
W "PUD" &"N
Collier Blvd. and undeveloped property (Sierra Meadows PUO)
Does the owner of t 1e subject property own property contiguous to the subject property?
If so, give complete legal description of entire contiguous property. {If space is
inadequate, attach (In separate page). no
Section:
Township:
Range:
Lot:
Blod<:
Subdivision:
Plat Book- P8ue #:
1.0.#:
Property
Metes & Bounds Description:
Agenda Item No, 8E
May 11, 2004
Page 30 of 66
I 8I2712Oœ- 12fiO111J v., O"- IooPERRV
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3. Rezone ReQuest: This application is requesting a rezone from the
district(s) to the PUD zoning district(s),
"A"
_zoning
Present Use of the Property:
vacanV undeveloped
Proposed Use (or rë nge of uses) of the property: hospital and related medical facilities
Original PUD Name
Ordinance No.:
9. Evaluation Criteria~ Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Collier County
land Development Code, staffs analysis and recommendation to the Planning
Commission, and th~ Planning Commission's recommendation to the Board of County
Commissioners sha I be based upon consideration of the applicable criteria noted below,
Provide a narrative :òtatement describing the rezone request with specific refemnce to
the criteria noted be low. Include any backup materials and documentatioñ in support of
the request.
PUD Rezone Cons¡.derations fLOC Section 2.7.3.2.5)
1. TI1e suitability 01 the area for the type and pattern of development proposed in
relation to physical characteristics of the land, surrounding areas, traffic and access,
drainage, sewer; water, and other utilities.
The subject prc'perty is located within two land use designations of the Growth
Management Plan. Approximately 50 acres of the site are designated urban
residential frin~le subdistrict, and approximately 10 acres are designated
activity center. Within the urban area (which includes both the urban
residential frin~le and activity center sub-cllstricts), essential services are
permissible as either principal or conditional uses. As defined in Section
2.6.9.2 of the Lélnd Development Code, a hospital Is an essential service
permitted as a I:onditional use. Therefore, the proposed hospital and related
uses are consi!;tent with the Growth Management Plan.
Access to the proposed project will be from Collier Boulevard via the
signalized intersection at Lely Cúltural Boulevard. An additional access
connection on Gollier Boulevard is proposed between this signalized
intersection and the signalized Intersection of Collier Boulevard and
Rattlesnake Hammock Road, in keeping with the County's access management
guidelines.
The suñace water management system for the proposed project will result in
no degradation to wetlands and other sensitive areas, and will be pennitted in
accordance witl't South Florida Water Management District and Collier' County
regulations.
The subject pro perty is located within Collier County's water and sewer
district, and Is uUglble for central sanitary sewer service and central potable
water service from Collier County.
I tJlVl2ttn-.- Y., 01~ IoIP£RRY
œll2$œ'- PP\JO. ;:7408
2. Adequacy of evitfence of unified control and suitability of any proposed agr'3ements,
contract, or othe, , instruments, or for amendments in those proposed, particularly as
Agenda Item No, BE
May 11, 2004
Page 31 of 66
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03825411.000- PP\.X> 21....
they may relate to arrangements or provisions to be made for the continuing
operation and "'aintenance of such areas and facilities that are not to be provided or
maintained at public expense. Findings and recommendaüons of this type shall be
made only after consultation with the county attorney.
The applicant lias documented unified control of the subject property.
3. Conformity of the proposed PUD with the goals, objectives and policies of ~he growth
management plan.
The proposed development will be In accordance with the adopted growth
policies of the Future Land Use Element, the Conservation and Coastal
Management Element, and in accordance with the Collier County Land
Development Code (LDC), and other applicable regulations, unless othe~ise
described in the PUD document.
4. The internal and external compatibility of proposed uses, which conditions may
include restrictions on location of improvements, restrictions on design, an,j buffering
and screening ,.. ~quirements.
The proposed IJses of the project are Internally and externally compatible with
the surrounding area. Interconnection with the proposed project and the
property to the north of the site within the activity center, as well as proposed
future Intercon nection to the property to the east, is indicated on the PUD
master plan. E uttering will be provided as described in the PUD document and
as indicated on the pun master plan.
5. The adequacy e,f usable open space areas in existence and as proposed t'J serve
the de velopm er. t.
Per the requirements of Section 2.6.32.3 of the Land Development Code, a
minimum of 30% open space will be provided within the project.
6. The timing or sE'quence of development for the purpose of assuring the adequacy of
available impro\'ements and faciliües, both public and private.
The first phase of development of the Collier Regional Medical Centel. will
consist of a hospital (3 stories; 200,178 square feet), and a medical office
building (4 stol;es; 80,000 square feet). The first phase is scheduled to be
open in 2005.
Future expansions of the hospital (approximately 55,500 additional scluare feet
total) are estimated to occur within five years of completion of the fimt phase.
On-site infrastJucture will be sized and designed to accommodate tho future
expansions.
7. The ability of thH subject property and of surrounding areas to accommod~,te
expansion.
Agenda Item No. 8E
May 11 , 2004
Page 32 of 66
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A portion (appi oximately 10 acres) of the proposed project is located within
the activity center designation. This designation Is Intended to accommodate
almost all new commercial zoning, a variety of residential uses, and a variety
of non-residen1:lal uses, including institutional uses. Another portion of the
proposed projE!ct (approximately 50 acres) is within the urban residential fringe
sub-dlstrlct de:;lgnation. The purpose of this sub-district is to providl)
transitional densities between the urban area and the agricultural/ruréll area.
Both the activny center and urban residential fringe areas are within (;ollier
County's Urban Designation, and hospitals and related uses are perm itted.
8. Conformity with PUD regulations, or as to desirable modifications of such r9gulations
in the particular case, based on determination that such modifications of ju.~ified as
meeting public purposes to a degree at least equivalent to literal application of such
regulations.
Regulations fo~' development of Collier Regional Medical Center PUD will be in
accordance with the contents of the PUD document, and to the extent they are
not Inconsistent with the PUD document, applicable sections of the Land
Development Code which are In effect at the time of issuance of any
development order to which said regulations relate which authorizes the
construction 0" improvements. Where the PUD document does not p¡'ovide
development standards, then the provisions of the specific section ot the LDC
shall apply.
10.
Deed Restrictions:. The County is legally precluded from enforcing deed restrictions,
however, many communities have adopted such restrictions. You may wish to contact
the civic or property owners association in the area for which this use is being requested
in order to ascertair whether or not the request is affected by existing deed re~jtrictjons.
11.
Previous land use petitions on the subject property: To your knowledge, has a
public hearing been held on this property within the last year? If so, what was the nature
of that hearing, N/A
12..
Additional Submit:al requirements: In addition to this completed application. the
following shall be submitted in order for your application to be deemed sufficient, unless
otherwise waived during the pre-application meeting. .
a. A copy of the p-e-application meeting notes;
b. If this rezone is being requested for a specific use, provide twenty (20) copies (this
includes: HUI if 3ffordable housing, Joyce Emst, if residential and ImmokaleeJWater
Sewer District, ¡-: in Immokalee) of a 24- x 36- conceptual site plan [and onH reduced
8%" x 11- copy I)f site plan], drawn to a maximum scale of 1 inch equals 400 feet,
depicting the tol owing [Additional copies of the plan may be requested upon
completion of st3ff evaluation for distribution to the Board and various advi5ory
boards such as the Environmental Advisory Board (EAB), or CCPe];
. all existing 3nd proposed structures and the dimensions thereof,
Agenda Item No. 8E
May 11, 2004
Page 33 of 66
I 8I27f2Gœ. f2eOII5 v.... 011. >FERRY
0382S«I""'" PPU:- 21-
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provisions for existing and/or proposed ingress and egress (including pedestrian
ingress anc egress to the site and the structure(s) on site),
. all existing ,lndlor proposed parking and loading areas [include matrix indicating
required and provided parking and loading, including required parking for the
disabled],
.
required ya rds, open space and preserve areas,
.
proposed ¡c!Cations for utilities (as well as location of existing utility services to
the site),
.
proposed and/or existing landscaping and buffering as may be required by the
County ,
c. An architectural rendering of any proposed structures.
d. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land
Development '::;ode (LDC) , or a request for waiver if appropriate.
e. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken
within the previ:>us twelve months), minimum scale of one inch equals 400 feet.
shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their
boundaries. Such identification shall be consistent with Florida Departmer t of
Transportation Land Use Cover and Forms Classification System. Additicnally, a
calculation of the acreage (or square feet) of native vegetation on site, by area, and
a calculation and location(s) of the required portion of native vegetation to be
preserved (per LDC Section 3,9.5,5.4,).
f. Statement of u1i1ity provisions (with all required attachments and sketches I;
g. A Traffic Impact Statement (TIS), unless waived at the pre-application me,~ting;
h. A historical and archeological surveyor waiver application if property is loc::ated
within an area of historical or archaeological probability (as identified at pr~-
application meE!ting);
i.
Any additional requirements as may be applicable to specific conditional uses and
identified durin~1 the pre-application meeting, including but not limited to any
required state clr federal permits,
j. An electronic vursion of the PUD on a disk as part of this submittal packa~le.
k, Boundary SUrvHY, no more than six months old - LDC Section 2.7.3.1.2.(8)
Please be advised that Section 2.7.2.3.2 (3) of the Land Development Code
requires an applicant to remove their public hearing advertising sign (s) after
final action is taken by the Board of County Commissioners. Based (In the
Board's final action on this item, please remove all public hearing advertising
sign (s) immecliately.
Agenda Item No. 8E
May 11 , 2004
Page 34 of 66
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PUD REZONE APPLICATION
SUBMITTAL CHECKLIST
THIS COMPLETED CHE:CKLIST IS TO BE SUBMITTED WITH APPLICATIO~ PACKETr
REQU ~EMENTS #OF NOT
COPIES REQUIREU REQUIRED
1. Completed Applicatilm/PUD documents 24*
2. 'Copy of Deed(s) and list identifying Owner(s) and 2*
all Partners if a Corl?°ratlon
3. Completed Owner/Anent Affidavit, Notarized 2*
4. Pre-application noten/minutes 24*
5. Conceptual Site Plans 24*
6. Environmentallmpac:t Statement - (EIS) 4
7. Aerial Photograph - (with habitat areas identified) 5*
~Completed Utility Provisions Statement (with 4
required attachmentH and sketches)
9. Traffic Impact Statement - (TIS) 7
1 O. ~"Istorical & Archaeological Surveyor Waiver 4
Application
11. Copies of State and/or Federal Permits 4
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12. Architectural Rendering of Proposed Structure(s) 4
13. Application Fee = $5000 + $25 per acre
I)ata Conversion = $25
I~ire Code Review = $l~;O
EIS Review = $1600
Check shall be made pa:fable to:
~!er County Board of Gommissioners
14. An electronic version of the PUD on a disk as part
of the submittal pacJ4et.
15. Affordable Housing Density Bonus Agreement 4
including all Appendices and Exhibits.
16. Boundary Survey (01) more than 6 months old) 5
17. OTHER REQUIREME~TS:
* Documents required fol Long-Range Planning Review *1 additional copy if for affordable
housing. As the authorizej agent/applicant for this petition. I attest that all of the i,lformation
indicated on this checklist is included in this submittal package. I understand that failure to
include all necessary subm ttal information may result in the delay of processing this petition.
~~
Age Applicant Signature
~7
Date
IIO77J200S. U8DII5 vr. O1I-IIIPERRY
-..001.000. PPUO- n-
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Agenda Item No. BE
May 11 , 2004
Page 35 of 66
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~,~ F'P\JO. 27-
NOTICE:
This application will be cclnsidered "open" when the determination of usufficiency" has
been made and the applk:ation is assigned a petition processing number. The
application will be consid;}red "closed" when the petitioner withdraws the application
through written notice or ::;eases to supply necessary information to continue processinQ
or otherwise actively purc..;ue the rezoninQ for a period of six (6) months. An application
deemed "closed" will not receive further processing and an application "closed" through
inactivity shall be deemed withdrawn. An application deemed "closed" may be re-
opened by submitting a ('lew application, repayment of all application fees and qranting
of a determination of "sufficiency". Further review of the project will be subject to the
then current code. (LOG Section 2.2.20.2.3)
Agenda Item No, 8E
May 11, 2004
Page 36 of 66
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AFFIDA VIT
/, Joseph V. Vumbacco, President and CEO of Collier HMA. Inc. , being first duly swom, depose
and say that Collier HMA, In.;., is the owner of the property described herein and which is the
subject matter of the proposed hearing; that all the answers to the questions in this application.
including the disclosure of inœrest information, all sketches, data, and other supplemen¡,ary matter
atta(!'ed tn and made a pal1 of this application, are honest and true to the best ofmy knowledge
and belief I understand that the information requested on this application must be complete and
accurate and that the content of this form, whether computer generated or County printf~d shall not
be diered. Public hearings will not be advertised until this application is deemed complete, and
all required information has ¡)een submitted.
As property owner, I authon.z.e R. Bruce Anderson OfYoUnJl. van Assendero. Varnadoe and
Anderson, P.A. and MarJ!arej Perry of Wilson Miller. Inc. to act as my representative in any
matters regarding this Petition,
,~
S' ature of roperty Owner
oseph V. Vumbacco, Presidt. nt and CEO of Collier HMA, Inc.
The foregoing 'nstrument w~' acknowledged before me this ~ day of ~ 2003,
by':¡-~ V. \J\AMDQ.c..t..Ø'ho ž.!..personallv known to me or has produced
-- ,as identification.
State o1f Floricúz
County of Collier
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Agenda Item No. 8E
May 11, 2004
Page 37 of 66
Collier Regional Medical Center PUD
List of Requested LDC Deviations
1. LDG Section 3.2,8.3,1'r: A pedestrian pathway network shall be established throughout the
project and will serve tJ link the hospital area, the medical office area, and lake/open space
areas. This pedestrian pathway will be six feet wide on one side of the internal driveway,
and any required breal\S in the pathway for vehicular access shall be identified through the
use of pavers, signage, or other traffic calming techniques deemed appropriate to reduce
the speed of vehides clnd provide safe pedestrian movements throughout the site. The
pathway will feature ~ nopy trees or palms with ground level landscape plantings Bike
lanes will not be provided within the project.
2, LDG Section 3.2.8.4.1B.5: All internal streets shall considered local streets and th9ir
standard right-of-way width shall be 50 feet.
3. LOC Section 3.2.8.4.1 (j.9: The requirement that curved streets have a minimum tangent of
75 feet at intersections shall be waived.
4. LOC Section 3.2.8.4.1 U.1 0: The requirement for tangents between reverse curve!:. shall be
waived.
5. LOC Section 3.2.8.4.1 Eì.12.d: The requirement for asphaltic courses shall be waived to allow
the use of a suñace course of paver brick or decorative concrete pavement.
6. LOG Section 3.2.8.4.1 Ei.12.e: The requirements that grass be required for all non-paved
areas of the right-of-wê y shall be waived to allow the installation of decorative pia ,ters and
alternative ground COVE!f.
7. LOG Division 2.5, Section 2,5.5.2.5.6, Signs within planned unit developments (PIJOs): The
Collier Regional Medical Center PUD contains comprehensive sign standards as permitted
by this section. (See Section 2.15 of the PUD document.)
Agenda Item No. 8E
May 11, 2004
Page 38 of 66
Apr 14 04 02:59p
Hatitat for Humanit~
239 775 0477
p.2
)ne
HABITAT FOR HUMANITY OF COLLIER COUNTY, INC.
Building houses in partnership with God's ~oeople in need
EXECUTNE
COMMm'EE
Sam Durso. M.D,
President
April 15, 2004
Peter Manion
V. P. OperaUonI
Mary AM Durso
V. p, FIfflIIy SeMoa8
Collier County Planning Commissio~
Tom Schneider
SeCllltary
DIRECTORS
As President of Habitat for Humanity of Collier County, I fully :ropport
HMI\.'s request for rezoning, resulting in much-needed health aile
facilities in East Naples.
Robert Hammond
Treasurer
J. Wesley Blackwel
V.P. Selection
J, DougIu Burke
V.P. DeveIopmerc
To tate, I represent more than 600 families in Collier County, ircluding at
least 300 in East Naples neighborhoods less than five miles front the
pro~osed hospital site. Most of these families are considered very low-
income and lack health insurance. They require indigent health care in
their neighborhood and HMA is committed to providing that caJe.
Robert Caliga
V.P, Naples
ConstnJct on
In addition to a need for care, there also is a great need for jobs in East
Naples. Many Habitat homeowners would be grateful for jobs that take
then 1 just a few miles from their home, providing them with more time to
5pCt.d with their families and Ü1 their neighborhoods.
WIIIam Ramsay
V. P.lmmoka\ee
ConstnJction
Douglas L Rankin
A88I8tant SecretlUy
W. W 8I8Ce AÞÞ oa
June Bal'llkett
Karw1 Bl8ckwe1l
Jo8eph BoIr
ColWd D8I1lng
RIck Deal
DaVId EUIa
Jose Granda
Klnn Gudkn8d\'
Sally HaD
J Inl HazelÞaker
WIII8m Hoglund
Don L!In
James Lo!kill
C. John Mllef
John P88men .
Martt Rh eIn
MIch8e! Sill'
Mary 5truIZ
George Walnscolt
As the East Naples coIridor continues to grow in leaps and boUIJds, it only
makes sense to provide all the facilities necessary for a happy, healthy,
safe and self-sustaining community. HMA will help to provide all these.
Again, 1 encourage you to approve lIMA's request for rezoning. This step
is all important one towards a healthier future for all Naples' residents.
~
Samucl J. Durso, M.D.
Agenda Item No. BE
May 11, 2004
Page 39 of nn
MAIN OFFICE: 111~ Tamiami TraU East NapIeI, FL 34113 (239) 770.0030. Fax (239) 770-0477
'U.AI'V'" ~..... C'A-n=s I .on: """1:1""". OAn ""'- "u..... C!t 1-...1........ ~I ~1""? n~Q\ Rft7.44RA. FlU;' l23!n 857-9044
ORDINANCE NO. 04 -
AN ORDINANCE OF ruE BOARD OF COUNTY
COMMISSIONERS AMENDING ORDINANCE
NUMBER 9I~1O2 THE COLLŒR COUNTY LAND
DEVELOPMENT CODE WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR
THE UNINCORPORATED AREA OF COLLIER
COUNfY, FLORIDA BY AMENDING THE OFFICIAL
ZONING A lLAS MAP NUMBERED 0623N BY
CHANGING THE ZONING CLASSIFICATION OF
ruE HEREIN DESCRIBED REAL PROPERTY FROM
"A" RURAL AGRICULTURAL AND "TIRVC"
TRA VEL TRAILER RECREATIONAL VEHICLE
CAMPGROUND TO "PUD" PLANNED UNIT
DEVELOPMENT TO BE KNOWN AS THE COLLIER
REGIONAL MEDICAL CENTER PUD FOR A
MAXIMUM OF 260,000 SQUARE FEET OF
HOSPITAL Ac"ID RELATED USES AND 80,000
SQUARE FEET OF MEDICAL OFFICE AND
RELATED USES, LOCATED ON THE EAST SIDE OF
COLLŒR BOULEVARD (c.R. 951),
APPROXIMATELY 3 MILES NORTH OF TAMIAMI
TRAIL (U.S. 41) Ac,\[D APPROXIMATELY FOUR
MILES SOUTH OF 1-75, IN SECTION 23, TOWNSHIP
50 SOUTH, RANGE 26 EAST. COLLŒR COUNTY,
FLORIDA, CONSISTING OF 60:!: ACRES; AND BY
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Margaret Perry, AICP. of Wilsonmiller, Inc., representing Collier
HMA, Incorporated, petitioned the Board of County Commissioners to change the zoning
classification of the herein described real property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLŒR COUNTY: FLORIDA, that:
SECTION ONE:
The zoning classification of the herein described real property located in Section
23, Township 50 Soum, Range 26 East, Collier County, Florida, is changed from "A"
Rural Agricultural and "TIRVC" Travel Trailer Recreational Vehicle Campground to
"PUD" Planned Unit Development to be known as me Collier Regional Medical Center
PUD for a maximum of 260,000 square feet of hospital and related uses and 80,000
square feet of medical office and related uses in accordance with the Collier Regional
Medical Center PUD Document, attached hereto as Exhibit "A" and incorporated by
reference herein. The Official Zoning Atlas Map numbered 0623N, as described in
Ordinance Number 91~1O2, the Collier County Land Development Code, is hereby
amended accordingly.
SECTION TWO: Agenda Item No, BE
This Ordinance shall become effective upon filing with me Department of State.May 11 , 2004
Page 40 of 66
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Page I of 2
PASSED AND DULY ADOfYfED by the Board of County Commissioners of
Col1ier County, florida, this - day of
,2004.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
A TrEST:
DWIGHT E. BROCK, CLERK
BY:
DONNA FIALA, CHAIRMAN
Approved as to Fonn
and Legal Sufficiency
MaIjorie M. Student
Assistant County Attorney
PUDZ-2(X)J-AR-4674IRBisp
Agenda Item No. BE
May 11 , 2004
Page 41 of 66
4,2112004- 12ôF!4 'Ie" 01' - MPERRY
~~5-{)O1-OOO- PPUD-27410
EXHIBIT A
COLLIER REGIONAL MEDICAL CENTER
A
PLANNED UNIT DEVELOPMENT
PREPARED FOR:
Collier HMA, Inc.
5811 Pelican Bay Boulevard, Suite 500
Naples, Fl 34108
PREPARED BY:
WilsonMiller, Inc.
3200 Bailey lane, Suite 200
Naples, Florida 34105
and
Roetzell and Andress
850 Park Shore Drive
Trianon Centre, Third Floor
Naples, Fl 34103
DATE FILED: 8/28/03
DATE REVIEWED BY CCPC: 4/15/04
DATE APPROVED BY BCC:
ORDINANCE NUMBER:
Agenda Item No. BE
May 11, 2004
Page 43 of 66
11
TABLE OF CONTENTS
SECTION
PAGE
STATEMENT OF COMPLIANCE AND SHORT TITLE
iii
SECTION I
LEGAL DESCRIPTION, PROPERTY OWNERSHIP,
AND GENERAL LOCATION AND EXISTING ZONING
1-1
SECTION II
PROJECT DEVELOPMENT
2-1
SECTION III
HOSPITAL SUBDISTRICT
3-1
SECTION IV
MEDICAL OFFICE SUBDISTRICT
4-1
SECTION V
PRESEVE SUBDISTRICT
5-1
SECTION VI
GENERAL DEVELOPMENT COMMITMENTS
6-1
EXHIBITS
EXHIBIT A
COLLIER REGIONAL MEDICAL CENTER PUD MASTER PLAN
(Wilson Miller file #0-3925-04)
Agenda Item No, 8E
May 11, 2004
Page 44 of 66
c.'2 1'200"- "6194 'er OJ' - MPERRY
C~"
03925-<JO1.{1OO- PPUD-27410
111
STAT EMENT OF COMPLIANCE
The purpose of this Section is to express the intent of Collier HMA, Inc., a subsidiary of Health
Management Associates, Inc., hereinafter referred to as the developer, to create a Planned Unit
Development (PUD) on 60:t acres of land located in Section 23, Township 50 South, Range 26
East, Collier County, Florida. The name of this Planned Unit Development shall be Collier
Regional Medical Center. The development of the Collier Regional Medical Center PUD will be
consistent with the planning goals and objectives of Collier County as set forth in the Collier County
Growth Management Plan (GMP), The development will be consistent with the adopted Land
Development Code (LDG) and other applicable regulations, unless otherwise provided, for the
following reasons:
1. Collier Regional Medical Center is located within two land use designations of the GMP,
Approximately 50 acres of the project are designated Urban Residential Fringe Subdistrict
and approximately 10 acres are designated Mixed Use .Activity Center Subdistrict.
2. Within the urban area (which includes both the urban residential fringe and mixed use
activity center subdistricts), essential services, as defined by the most recent Land
Development Code, are permissible, As defined in Section 2,6.9.2 of the LDC, a hospital is
an essential service. Therefore, location of a hospital on this property is in compliance with
the GMP.
3. Urban designated areas also can accommodate support medical facilities such as physicians'
offices, medical offICes, treatment, research and rehabilitative centers, and pharmacies
provided the dominant use is medically related and located within % mile of an existing or
approved hospital or medical center, Approval of such support medical facilities may be
granted concurrent with the approval of new hospitals. Therefore, the support medical offices
within the Collier Regional Medical Center PUD are in compliance with the GMP.
4. Per policy 6.1,1 of the Conservation and Coastal Management Element of the GMP, within the
project, a minimum of 15% of the native vegetation present shall be preserved.
5. Areas that fulfill the required native vegetation ,standards shall be set aside as preserve areas,
shall be identified as separate preserve tracts, and protected by a permanent çonservation
easement to prohibit further development. These on-site preserve areas shall be part of and
counted toward the open space requirements.
SHORT TITLE
This ordinance shall be known and cited as the "COLLIER REGIONAL MEDICAL CENTER
PLANNED UNIT DEVELOPMENT ORDINANCE".
4/21120()4- 126194 Vec 01' - MÆRRY
~~5-OO1'{)()()' PPUD-27410
Agenda Item No. BE
May 11 , 2004
Page 45 of 66
1-1
SECTION I
LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION
1.1
PURPOSE
The purpose of this Section is to set forth the legal description and ownership of the Collier
Regional Medical Center PUD, and to describe the location and existing zoning of the
property proposed to be developed. The Collier Regional Medical Center PUD is located
within Collier County.
1,2
LEGAL DESCRIPTION
A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY
OF COLLIER, LYING IN THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP
50 SOUTH, RANGE 26 EAST, BEING FURTHER BOUND AND DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER
OF SAID SECTION 23; THENCE N.89°04'19"E. FOR 1328,58 FEET TO THE EAST
LINE OF A PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 2192,
PAGE 2057 OF THE PUBLIC RECORDS OF SAID COLLIER COUNTY, THE EAST
LINE OF THE WEST HALF OF SAID NORTHWEST QUARTER AND THE POINT OF
BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; THENCE
N.01 °03'36"E. ALONG SAID EAST LINE OF SAID PARCEL AND SAID FRACTION
FOR 562.27 FEET; THENCE N.88°56'23"W. ALONG THE NORTH LINE OF SAID
PARCEL FOR 170.00 FEET TO AN INTERSECTION WITH THE WEST LINE OF A
FLORIDA POWER AND LIGHT COMPANY EASEMENT AS DESCRIBED IN OFFICIAL
RECORDS BOOK 808, PAGE 1324 OF SAID PUBLIC RECORDS; THENCE
S.01°03'36"W. ALONG THE WEST LINE OF SAID PARCEL AND SAID EASEMENT
FOR 85.74 FEET; THENCE S,86°52'06"W. ALONG THE NORTH LINE OF SAID
PARCEL FOR 1061.83 FEET TO AN INTERSECTION WITH THE EAST RIGHT-OF-
WAY LINE OF A COLLIER COUNTY CANAL; THENCE N.00o54'15"E. ALONG SAID
EAST RIGHT -OF-WAY LINE FOR 1190.00 FEET TO AN INTERSECTION WITH A
LINE PARALLEL WITH AND 1630.70 FEET NORTH OF (AS MEASURED ON A
PERPENDICULAR) THE SOUTH LINE OF SAID NORTHWEST QUARTER; THENCE
N.89°04'19"E. ALONG SAID PARALLEL LINE FOR 1232,97 FEET TO AN
INTERSECTION WITH SAID EAST LINE OF SAID WEST HALF OF THE NORTHWEST
QUARTER; THENCE N.01°03'36"E. ALONG SAID FRACTIONAL LINE FOR 68,31
FEET TO AN INTERSECTION WITH A LINE PARALLEL WITH AND 1698.98 FEET
NORTH OF (AS MEASURED ON A PERPENDICULAR) THE SOUTH LINE OF SAID
NORTHWEST QUARTER; THENCE N.89°04'19"E. ALONG SAID PARALLEL LINE
FOR 701.42 FEET TO AN INTERSECTION WITH A LINE PARALLEL AND 701.00
EAST OF (AS MEASURED ON A PERPENDICLUR) THE EAST LINE OF SAID WEST
HALF OF THE NORTHWEST QUARTER; THENCE S.01 °03'36'W, ALONG SAID
PARALLEL LINE FOR 1700,00 FEET TO AN INTERSECTION WITH THE SOUTH LINE
OF SAID NORTHWEST QUARTER; THENCE S,89°04'19'W, ALONG SAID SOUTH
LINE FOR 701.42 FEET TO THE POINT OF BEGINNING.
PARCEL CONTAINS 60.00 ACRES, MORE OR LESS.
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May 11, 2004
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1-2
PARCEL SUBJECT TO EASEMENTS, RIGHTS-OF-WAY, RESTRICTIONS AND
RESERVATIONS OF RECORD.
ASSUMED NORTH BASED ON THE SOUTH LINE OF THE NORTHWEST QUARTER
OF SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST AS BEARING
N.89°04'19"W.
1.3
PROPERTY OWNERSHIP
The project owner and developer is Collier HMA, Inc" a Florida Corporation, whose
address is 5811 Pelican Bay Boulevard, Suite 500, Naples, FL 34108.
1.4
GENERAL LOCATION AND EXISTING ZONING OF PROPERTY
A
The total site area is 60r acres and is located on the east side of Collier
Boulevard (CR. 951), approximately 3 miles north of Tamiami Trail (U.S. 41) and
approximately four miles south of I- 75, This parcel is located within Section 23,
Township 50 South, Range 26 East, Collier County, Florida,
B.
The zoning classification of the subject property prior to the date of this approved
PUD Document was "A-Rural Agricultural" and "TTRVC- Travel Trailer
Recreational Vehicle Campground,"
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'"----...--
2.1
2.2
2-1
SECTION II
PROJECT DEVELOPMENT
PURPOSE
The purpose of this Section is to generally describe the plan of development for the
Collier Regional Medical Center PUD, and to identify relationships to applicable County
ordinances, policies, and procedures.
GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
The Collier Regional Medical Center PUD has an area of 60:t acres and shall consist of
a maximum of 260,000 square feet of hospital and related uses, 80,000 square feet of
medical office and related uses, and preserve and open space areas,
2.3
The Collier Regional Medical Center PUD Master Plan is illustrated graphically on
Exhibit "An (WM, Inc. File No. 0-3925-04). A Land Use Summary indicating approximate
land use acreages is shown on the PUD Master Plan, The location, size, and
configuration of individual tracts shall be determined at the time of site development plan
approval, in accordance with Division 3.3 of the Collier County LDC.
COMPLIANCE WITH COUNTY ORDINANCES
A
Regulations for development of the Collier Regional Medical Center PUD shall be in
accordance with the contents of this PUD Ordinance, and to the extent they are not
inconsistent with this PUD Ordinance, applicable sections of the LDC which are in
effect at the time of issuance of any development order to which said regulations
relate which authorizes the construction of improvements, such as but not limited to
final subdivision plat, final site development plan, excavation pennit and preliminary
work authorization. Where this PUD Ordinance does not provide developmental
standards, then the provisions of the specific section of the LDC that is otherwise
applicable shall apply,
Unless otherwise defined herein, or as necessarily implied by context, the
definitions of all tenns shall be the same as the definitions set forth in the LDC in
effect at the time of development order application,
B.
C.
Unless modified, waived or excepted by this PUD Document or by subsequent
request, the provisions of other applicable sections of the LDC remain in effect with
respect to the development of the land which comprises this PUD,
All conditions imposed herein are part of the regulations which govem the manner
in which the land may be developed,
D.
E.
The Subdivisions Division of the LDC (Article 3, Division 3.2) shall apply to the
Collier Regional Medical Center PUD, except where an exemption is set forth
herein or otherwise granted pursuant to LDC, Section 3.2.4.
The Site Development Plans Division of the LDC (Article 3, Division 3.3) shall apply
to the Collier Regional Medical Center PUD, except where an exemption is set forth
herein or otherwise granted pursuant to LDC, Section 3.3.4.
F.
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2.5
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2-2
ROADWAYS
Standards for roads shall be in compliance with the applicable provisions of the LOC
~egulating subdivisions, unless otherwise modified, waived or excepted by this PUO or
approved during the preliminary subdivision plat approval process, if said process is
required. The developer reserves the right to request substitutions to Code design
standards in accordance with Subsection 3.2.7.2 of the LOC. The developer also retains
the right to establish gates, guardhouses, other access controls, signs and monuments as
may be deemed appropriate by the developer on all project roadways.
Roadways within the Collier Regional Medical Center PUO s hall be designed and
constructed in accordance with Section 3.2.8 of the LOC with the following substitutions:
A
LOC, Subsection 3,2.8.3,17: A pedestrian pathway network shall be established
throughout the project and will serve to link the hospital area, the medical office
area, and lake/open space areas. This pedestrian pathway shall be six feet wide
on one side of the internal driveway, and any required breaks in the pathway for
vehicular access shall be identified through the use of pavers, signage, or other
traffic calming techniques deemed appropriate to reduce the speed of vehicles
and provide safe pedestrian movements throughout the site. The pathway shall
feature canopy trees or palms with ground level landscape plantings, Bike lanes
will not be provided within the project,
LOC, Subsection 3.2.8.4.16.5: All internal streets shall considered local streets
and their standard right-of-way width shall be 50 feet.
B.
C.
LOC, Subsection 3,2.8.4.16.9: The requirement that curved streets have a
minimum tangent of 75 feet at intersections shall be waived.
LOC, Subsection 3.2,8.4.16,10: The requirement for tangents between reverse
curves shall be waived,
0,
E.
LOC, Subsection 3.2,8.4.16.12,d: The requirement for asphaltic courses shall be
waived to allow the use of a surface course of paver brick or decorative concrete
pavement.
LOC, Subsection 3.2.8.4.16.12.e: The requirement that grass be required for all
non-paved areas of the right-of-way shall be waived to allow for the installation of
decorative planters and alternative ground cover.
F.
LAKE SETBACK AND EXCAVATION
A
As depicted on the Collier Regional Medical Center PUO Master Plan, lakes and
water management areas have been preliminarily sited, with the ultimate location
and configuration to be determined during the site development review stages of
project development.
Lake banks and edges of water may be sculpted for aesthetic purposes and to
complement the overall project theme and may use combinations of vertical
bulkheads (rock, concrete, wood), vegetation, beach and earthen berms,
consistent with the intent of Subsection 2.4.7.3,1 of the LOC. Sidewalks may be
constructed along the lake edges.
B.
Agenda Item No, BE
May 11, 2004
Page 49 of 66
2-3
C.
Wet detention ponds shall have a littoral shelf with an area equal to 7% of the
ponds surface area measured at the control elevation and be planted with native
aquatic vegetation.
Final lake area determinations shall be in accordance with the South Florida
Water Management District stormwater criteria and Section 3,5.7 of the LDC,
D.
E.
Lake Setbacks
Lake excavations shall be located so that the control elevation shall adhere to
the minimum setback requirements, unless bulkheading is provided, per LDC
and Florida Department of Transportation (FOOT) standards:
F.
Lakes and stormwater management features may be located adjacent to
internal roads. The roads shall be designed to (AASHTO) road standards
and shall incorporate such factors as road alignment, travel speed, bank
slope, road cross-sections, and need for barriers.
Blasting may be utilized in the excavation process provided such excavations
meet the setback requirements and other provision of this PUD Document for
lakes. Unless otherwise addressed herein, blasting shall be governed by the
applicable provisions of the LDC.
1.
The site has been evaluated for basin storage impacts and has been determined
to be an exporter property for the 100-year, 72-hour design storm event. As
such, the post-development discharge volume shall not exceed the pre-
development discharge volume up to the 100-year, 72-hour design storm event.
CONSTRUCTION OFFICES
G.
2.6
Construction offices, and other similar uses and structures shall be permitted principal
uses throughout the Collier Regional Medical Center PUD. These uses may be either
wet or dry facilities, and may use septic tanks or holding tanks for waste disposal subject to
permitting under Chapter 100-6 of the Florida Administrative Code (FAC) and may use
potable water, existing lakes or irrigation wells for irrigation. These uses shall be subject
to the requirements of Subsection 2.6.33.3 of the LDC. The construction offices
temporary use permits shall be valid through the buildout of the project with no extension of
the temporary use required.
CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
2.7
Changes and amendments may be made to this PUD Ordinance including the Collier
Regional Medical Center PUD Master Plan as provided in Subsection 2.7.3.5 of the
LDC.
The Community Development and Environmental Services Administrator shall be
authorized to approve minor changes and refinements to the Collier Regional Medical
Center PUD Master Plan upon written request of the developer.
A
The following limitations shall apply to such requests:
1.
The minor change or refinement shall be consistent with the Collier County
GMP and the Collier Regional Medical Center PUD Document.
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Agenda Item No. 8E
May 11, 2004
Page 50 of 66
2.8
B.
C.
D.
2-4
2.
The minor change or refinement shall not constitute a substantial change
pursuant to Subsection 2.7.3.5,1. of the LDC.
The following shall be deemed minor changes or refinements:
1.
Reconfiguration of lakes, ponds, canals, or other water management
facilities where such changes are consistent with the criteria of the South
Florida Water Management District and Collier County.
Internal realignment of rights -ci-way, other than a relocation of access
points to the PUD itself, where water management facilities, preservation
areas, or required easements are not adversely affected or otherwise
provided for.
2.
3.
Reconfiguration of parcels when there is no encroachment into the preserve
area.
Minor changes and refinements as described above shall be reviewed by
appropriate Collier County Staff to ensure that said changes and refinements are
otherwise in compliance with all applicable County ordinances and regulations prior
to the Community Development and Environmental Services Administrator's
consideration for approval.
Approval by the Community Development and Environmental Services
Administrator of a minor change or refinement may occur independently from and
prior to any application for site development plan approval, however slCh approval
shall not constitute an authorization for development or implementation of the minor
change or refinement without first obtaining all other necessary County permits and
approvals.
LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS
Landscape buffers, berms, fences and walls are generally permitted as a principal use
throughout the Collier Regional Medical Center PUD. The following standards shall
apply:
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A
B.
Landscape berms shall have the following maximum side slopes:
1.
2.
Grassed berms 4:1
Ground covered berms 3: 1
The maximum height of all fences or walls is eight feet, as measured from the
finished grade of the ground at the base of the fence or wall, For the purpose of
this provision, finished grade shall be considered to be no greater than 18 inches
above the highest crown elevation of the nearest existing road.
Upon submission of a landscape plan, the County Landscape Architect may
approve landscape buffers, berms, fences and walls to be constructed along the
perimeter of the Collier Regional Medical Center PUD prior to site development plan
submittal. Subsequent to construction, all such areas shall be included in a
landscape easement or tract or identified in a separate recorded instrument.
C,
Agenda Item No. BE
May 11, 2004
Page 51 of 66
2.9
2.10
2.11
2-5
D.
Fence or wall setbacks:
Fences, walls and similar structures shall have a minimum of a five foot setback
from development boundaries where adjacent to a public right-of-way and a two
foot setback from all other land uses. A fence or wall adjacent to the "TTRVC"
zoned property to the south shall not be required or constructed; instead, a 20-foot
wide Type B bufferlberm with double hedge rows shall be provided.
Pedestrian pathways, water management systems, drainage structures, signs and
utilities are allowed in landscape buffers/easements per the LDC subject to review
and approval by the County Staff at üme of SOP review.
CLEARING AND FILL STORAGE
E.
A
Fill storage is generally permitted as a temporary principal use throughout the
Collier Regional Medical Center PUD until buildout of the project. Fill material may
be transported and stockpiled within areas which have been disturbed. Prior to
stockpiling in these locations, the developer shall notify the Community
Development and Environmental Services Administrator per Subsection 3.2.8,3.6,
of the LDC. The following standards shall apply:
1.
2.
Stockpile maximum height: 45 feet
Fill storage areas in excess of five feet in height shall be separated from
developed areas by fencing, excavated water bodies or other physical
barriers if the side slope of the stockpile is steeper than 4 to 1 (Le. 3 to 1),
B.
Soil erosion control shall be provided in accordance with Division 3.7 of the LDC.
PRELIMINARY SUBDIVISION PLAT PHASING
Submission, review, and approval of preliminary subdivision plats for the project may be
accomplished in phases to correspond with the planned development of the property,
GENERAL PERMITTED USES
Certain uses shall be considered general permitted uses throughout the Collier Regional
Medical Center PUD except in the Preserve Subdistrict, General permitted uses those
uses which are typically part of the common infrastructure.
A
General Permitted Uses:
1.
2.
Essential services as set forth under LDC, Section 2.6.9.1.
Water management facilities and related structures.
3.
4.
Temporary sewage treatment facilities.
Water management facilities and related structures including lakes with
bulkheads or other architectural or structural bank treatments.
5.
6.
Guardhouses and access control structures.
Architectural features and elements including walls, fences, arbors, gazebos
and the like.
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B.
8.
2-6
7.
Temporary construction and administrative offices for the developer and
developer's authorized contractors and consultants, including necessary
access ways, parking areas and related uses.
Landscape/hardscape features including, but not limited to landscape
buffers, berms, fences, water features and walls subject to the standards set
forth in Section 2.8 of this PUD.
8.
9.
Fill storage, site filling and grading are subject to the standards set forth in
Section 2.9 of this PUD.
10,
My other uses which are comparable in nature with the foregoing uses
and are approved through the process set forth in the LDC in effect at the
time of the request for such use.
Development Standards:
Unless otherwise set forth in this Document, the following development standards
shall apply to General Permitted Uses:
1,
Guardhouses, signage, landscape features, and access control structures
shall have no required setback.
Other general permitted uses shall be set back a minimum of five feet from
property lines.
2.
3.
Minimum distance between structures, which are part of an architecturally
unified grouping - Five feet
Minimum distance between unrelated structures - Ten feet
4.
5,
Maximum height of General Permitted Uses buildings - 35 feet (Note: For
the purposes of this PUD, height is defined as the vertical distance from the
first finished floor to the highest point of the roof surface of a flat or Bermuda
roof, to the deck line of a mansard roof and to the mean height level
between eaves and ridge of gable, hip, and gambrel roofs, This height
limitation does not apply to spires, belfries, cupolas, flagpoles, antennas,
ventilators, chimneys, or other appurtenances usually required to be placed
above the roof level and not intended for human occupancy.)
Minimum floor area - None required.
6.
7.
Minimum lot or parcel area - None required,
Standards for parking, landscaping, signs and other land uses where such
standards are not specified herein or within the Collier Regional Medical
Center PUD are to be in accordance with the LDC provision in effect at the
time of permit application.
Agenda Item No. BE
May 11 , 2004
Page 53 of 66
2.12
2.13
2.14
2.15
A
2-7
OPEN SPACE REQUIREMENTS
A combination of the lakes, preserve, water management, and other open space shall
fully meet the 30 percent open space requirement for development of the project.
NATIVE VEGETATION RETENTION REQUIREMENTS
Per Policy 6.1.1 of the CCME, a minimum of 15% of the native vegetation present shall
be preserved within the project. Areas that fulfill the native vegetation retention
standards shall be set aside as preserved areas and shall be protected by a permanent
conservation easement. A management plan shall be submitted to identify actions that
must be taken to ensure that the preserved areas will function as proposed, The plan
shall include methods to address control and treatment of invasive exotic species, fire
management, and maintenance of permitted facilities.
EXOTIC VEGETATION REMOVAL
An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the
site, with emphasis on the preserve area, shall be submitted to the Environmental
Services Department review staff prior to construction plan approval. A schedule for
exotic removal within the preserve area shall be submitted with the above-mentioned
plan. The maintenance plan shall be implemented on a yearly basis at a minimum to
effectively control exotics, and shall describe specific techniques to prevent re-invasion
by prohibited exotic vegetation of the site in perpetuity,
SIGNAGE
General
1. All Collier County sign regulations in force at the time of permit approval shall apply
unless such regulations are in conflict with the conditions set forth in this Section, in
which case the PUD Document shall govern.
2. For the purpose of this PUD Document, each platted parcel shall be considered a
separate parcel of land and shall be entitled to any sign as permitted herein.
3, Should any of the signs be requested to be placed within a County dedicated right-
of-way, a right-of way permit shall be applied for and approved.
4. All signs shall be located so as not to cause sight line obstructions,
5. All internal project rights-of-way may be utilized for decorative landscaped entrance
features and signage subject to review and approval from the Planning Services
Department for consistency with the requirements set forth herein.
6, Signs may be allowed in landscape buffers/easements,
7. All ground mounted project and free-standing use signs shall be of a consistent
architectural style and shall feature like building materials and sign structures. Sign
structures shall be uniform in size, color and building material. Pole signs shall be
prohibited.
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May 11, 2004
Page 54 of 66
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B.
Traffic Signs
C.
1. Traffic signs, such as street name signs, stop signs, and speed limit signs, may be
designed to reflect an alternative specification and common architectural theme,
Project Entrance Signs
1, A project entrance sign may be located at both entrances to the project and may be
one, two or three-sided. The size of words, letters, graphics, and the typography and
color scheme used in each business or directional identification on the entrance signs
shall be similar to and consistent with the other identifications placed on the same sign,
A maximum of two one-sided, one tw<rsided, or one three-sided entrance signs may be
permitted at the project entrances.
2. No sign face area shall exceed 100 square feet and the total sign face area of the
entrance sign shall not exceed 200 square feet. If the sign is a single, two-sided
sign, each sign face shall not extend beyond 100 square feet in area. The sign face
area shall not exceed the height or length of the wall or monument upon which it is
located.
3, The setback for the sign from any rights-of-way and any perimeter property line shall
be five feet.
4, The entrance sign may be lighted provided all lights are directed to the sign or are
shielded.
5. The entrance sign shall not exceed a height of 20 feet above the finished ground
level of the sign site. For the purpose of this Section, finished grade level shall be
considered to be no greater than 18 inches above the highest crown elevation of the
nearest road unless the wall or monument is constructed on a perimeter landscape
berm.
D.
Internal Signs
1. Directional or identification signs may be allowed internal to the project. Such signs
may be used to identify the location of or direction to approved uses such as
hospital, emergency room, medical office, etc, Individual signs shall be a maximum
of six square feet per side in size, Signs maintaining a common architectural theme
may be combined to form a menu board with a maximum size of 64 square feet per
side and a maximum height of eight feet. No building permit shall be required unless
such signs are combined to form a menu board.
E.
Construction Entrance Signs
1. Two "construction ahead" signs may be located ahead of a construction entrance
with a maximum of 20 square feet each in size.
2, One sign, with a maximum of 20 square feet in size, may be located at each
construction entrance to identify the entrance as such.
3. Employment signs, with a maximum of 20 square feet in size, may be located at
each construction entrance to advertise for construction help.
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May 11, 2004
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2.16
2.17
2.18
2.19
2-9
4. No building permit is required for construction entrance signs.
SITE LIGHTING
Lighting facilities shall be arranged in a manner which will protect roadways and
neighborhood residential properties from direct glare or other interference.
ARCHAEOLOGICAL RESOURCES
Pursuant to Subsection 2.2.25.8.1 of the LDC, if. during the course of site clearing,
excavation or other construction activity an historic or archaeological artifact is found, all
development within the minimum area necessary to protect the discovery shall be
immediately stopped and the Collier County Code Enforcement Department contacted,
MONITORING REPORT AND SUNS ET PROVISIONS
A
An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the
LDC.
B.
The Collier Regional Medical Center PUD shall be subject to the time limits of
Section 2.7.3.4 of the LDC.
ARCHITECTURAL AND SITE DESIGN STANDARDS
Development of the Collier Regional Medical Center PUD will be in compliance with
Division 2.8 of the LDC, Architectural and Site Design Standards and Guidelines for
Commercial Buildings and Projects.
Agenda Item No. BE
May 11 2004
Page 56 of 66
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3.1
PURPOSE
3-1
SECTION III
HOSPITAL SUBDISTRICT
The purpose of this Section is to identify permitted uses and development standards for
areas within the Collier Regional Medical Center PUD designated on the Collier
Regional Medical Center PUD Master Plan as "H."
GENERAL DESCRIPTION
3.2
Areas designated as "H" - Hospital on the PUD Master Plan are designed to
accommodate a maximum of 260,000 square feet for hospital (100-bed facility) and
hospital-related uses,
3.3
PERMITTED USES AND STRUCTURES - "H" SUBDISTRICT
No building or structure, or part thereof, shall be erected, altered or used, or land use, in
whole or part, for other than the following:
A
B.
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Principal Uses:
1,
Hospitals (Groups 8062,8069)
Accessory Uses:
1.
2.
Drug stores and proprietary stores (Group 5912)
Offices and clinics (Groups 8011, 8021, 8031, 8041, 8042, 8043,8049)
3.
4,
Laboratories (Groups 8071, 8072)
Home health care services (Group 8082)
5.
6.
Health and allied services (Groups 8092, 8093, 8099)
Individual and family social services (Group 8322)
7.
8,
Child day care services (Group 8351)
Air transportation (Group 4522, limited to air ambulance service)
Eating places (Group 5812, restricted to cafeterias and restaurants, no
drive-through service)
9.
10.
Customary accessory uses or structures incidental to hospital and
hospital-related uses, including structures relating to the electrical and
mechanical operation of the hospital facility,
Any other accessory use which is comparable in nature with the foregoing
uses and is approved through the process set forth in the LDC in effect at
the time of the request for such use.
11,
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May 11 , 2004
Page 57 of 66
3-2
3.4
DEVELOPMENT STANDARDS
A
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Minimum Yard Requirements:
1.
Setback from public road rights -of-way and project boundaries - Thirty feet
(30'), except that roofed parking structures shall be set back a minimum of
twenty feet (20').
2.
Distance between free-standing principal uses: Fifteen feet (15').
3.
Distance between principal and accessory structures- Ten feet (10').
Distance between accessory structures - Zero feet (0').
4.
5.
Setback from a lake for all principal and accessory uses may be zero feet
(0') provided architectural bank treatment (retaining wall which is
architecturally consistent with other structures on the property) is
incorporated into the design and subject to approval from Collier County
Planning Services Department.
6.
Setback from boundary of any preserve shall be twenty-five feet (25') for
principal structures and ten feet (10') for accessory structures and all other
site alternations.
ß,
Maximum height of structures: 100 feet
C.
Minimum floor area for principal structures: 1,000 square feet
D.
Minimum lot or parcel area: 10,000 square feet
E.
Minimum lot width: 75 feet
Agenda Item No. 8E
May 11, 2004
Page 58 of 66
4.1
PURPOSE
4-1
SECTION IV
MEDICAL OFFICE SUBDISTRICT
The purpose of this Section is to identify permitted uses and development standards for
areas within the Collier Regional Medical Center PUD designated on the Collier
Regional Medical Center PUD Master Plan as "0."
GENERAL DESCRIPTION
4.2
Areas designated as "0" - Medical Office on the PUD Master Plan are designed to
accommodate a maximum of 80,000 square feet of medical office and medical-related
uses. The medical office/medical-related uses shall be constructed concurrent with, or
following construction of the hospital facility as required in the Future Land Use Element.
4.3
PERMITTED USES AND STRUCTURES. "0" SUBDISTRICT
No building or structure, or part thereof, shall be erected, altered or used, or land use, in
whole or part, for other than the following:
A
ß,
4/21/2004-126194 Ve<: 01'. "'PERRY
~~5.Q01-<JOO. PPUD-2741 0
Principal Uses:
1.
2,
Drug stores and proprietary stores (Group 5912)
Offices and clinics (Groups 8011, 8021, 8031,8041, 8042, 8043, 8049),
Laboratories (Groups 8071, 8072)
3.
4.
Home health care services (Group 8082)
Health and allied services (Groups 8092, 8093, 8099)
5,
6.
Professional membership organizations (Group 8621, medical-related
only)
Accessory Uses:
1.
2.
Individual and family social services (Group 8322)
Child day care services (Group 8351)
Eating places (Group 5812, restricted to cafeterias and restaurants, no
drive-through service)
3.
4.
Customary accessory uses or structures incidental to medical office
related uses,
Any other accessory use which is comparable in nature with the foregoing
uses and is approved through the process set forth in the LDC in effect at
the time of the request for such use.
5.
Agenda Item No. BE
May 11, 2004
Page 59 of 66
4-2
4.4
DEVELOPMENT STANDARDS
A.
412112004-126194 Ver. 01' - MP£RRY
c_,
03925"°1.00<)- PPUD-27410
Minimum Yard Requirements:
1.
Setback from public road rights -of-way and project boundaries - Thirty feet
(30'), except that roofed parking structures shall be set back a minimum of
twenty feet (20').
2.
Distance between free-standing principal uses: Fifteen feet (15').
3.
Distance between principal and accessory structures - Ten feet (10').
Distance between accessory structures - Zero feet (0'),
4.
5.
Setback from a lake for all principal and accessory uses may be zero feet
(0') provided architectural bank treatment (retaining wall which is
architecturally consistent with other structures on the property) is
incorporated into the design and subject to approval from Collier County
Planning Services Department.
6.
Setback from boundary of any preserve shall be twenty-five feet (25') for
principal structures and ten feet (10') for accessory structures and all other
site alternations.
B.
Maximum height of structures: 75 feet
C.
Minimum floor area for principal structures: 1,000 square feet
D,
Minimum lot or parcel area: 10,000 square feet
E.
Minimum lot width: 75 feet
Agenda Item No. 8E
May 11 , 2004
Page 60 of 66
5-1
SECTION V
PRSERVE SUBDISTRICT
5.1
PURPOSE
The purpose of this Section is to identify permitted uses and development standards for
the area within the Collier Regional Medical Center PUO designated on the Collier
Regional Medical Center PUO as uP".
5.2
GENERAL DESCRIPTION
Areas designated as uP" - Preserve Subdistrict on the Collier Regional Medical Center
PUO Master Plan are designed to accommodate customary uses in preserve areas.
5.3
PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land or
water used, in whole or in part, for other than the following:
A
Permitted Principal Uses and Structures
1,
2.
Conservation and preserve,
Passive recreational areas, pervious nature trails, boardwalks and
recreational shelters,
Water management structures.
Mitigation areas and mitigation maintenance activities,
Any other preserve and related open space activity or use which is
comparable in nature with the foregoing uses and is approved through the
process set forth in the LOC in effect at the time of the request for such
use.
3.
4.
5.
4/21/2004-126194 Vec 0" - MPERRY
~5-()O1~ PPUD-27410
Agenda Item No. BE
May 11 , 2004
Page 61 of 66
6.1
6.2
6-1
SECTION VI
GENERAL DEVELOPMENT COMMITMENTS
PURPOSE
The purpose of this Section is to outline the general development commitments for the
Collier Regional Medical Center PUD.
UTILITIES
A
Water distribution, sewage collection and transmission systems shall be
constructed throughout the project by the developer. Potable water and sanitary
sewer facilities constructed within platted rights-of-way, or within dedicated utility
easements, shall be conveyed to Collier County Utilities pursuant to Collier
County Ordinance No. 01-57, as amended,
Temporary construction trailers may use septic tanks or holding tanks for waste
disposal subject to permitting under Rule 10D-6, F.A.C., and may use potable or
irrigation wells,
B.
C.
Within the project, landscaping (including palm trees, shrubs and ground cover)
and pedestrian pathways will be allowed within a utility easement, including
placement within three feet of a utility line. Canopy trees shall be located seven
feet from the utility line. Said seven feet being measured from the trunk of the
tree to the center of the utility line. Reconstruction of pedestrian pathways, or
modification! reinstallation of plant materials due to the necessary maintenance
of utility lines shall be the responsibility of the developer, its successors, or
assigns.
Easements shall be provided to Collier County Utilities Division for three separate
well locations. Two well locations will be adjacent to the northern property
boundary. The 50' by 50' site is located in the northwest corner, and the 75' by
75' site iS'to east of the FPL easement. The third well site is 100' by 150' where
the southern property boundary meets the FPL easement, and is intended to
provide for a well house. These sites shall be spaced a minimum of ~ of a mile
apart. The lateral raw water pipelines shall be within the access roadway's
County utility easements. The Public Utilities Division shall be also granted an
easement for the raw water transmission pipeline within the existing north-south
FPL easement. If the County installs the raw water transmission main after
improvements have been constructed within the north-south FPL easement, the
County shall be responsible to repair and restore such improvements after
installation of the transmission main.
D,
6.3
TRANSPORTATION
The development of the Collier Regional Medical Center PUD shall be subject to and
govemed by the following stipulations.
412112004-126194 Vo<: Q1I- MPERRY
~~5-o01-OO!1- PPUD-27410
Agenda Item No. BE
May 11, 2004
Page 62 of 66
I.
4/21/2004- 126194 VOl" 011 - MPERRY
~~5-<J0'-OOO- PPUD-27410
---
6-2
A
Ali traffic control devices and design criteria used shall be in accordance with the
minimum standards as adopted by the Florida Department of Transportation
(FOOT), as amended, as required by Florida Statutes - Chapter 316 Uniform Traffic
Control Law.
B.
Arterial level street lighting shall be provided at project entrance(s), Said lighting
must be in place prior to the issuance of the first permanent certificate of occupancy
(CO) pertaining to that phase of construction.
C.
External and internal improvements determined by Collier County Transportation
Staff to be essential to the safe ingress and egress to the development shall not be
considered for impact fee credits. All such improvements shall be in place prior to
the issuance of the first CO pertaining to that phase of construction.
D.
Road Impact Fees will be paid in accordance with Collier County Ordinance 01-13,
as amended, and Division 3.15 of the LDC, as amended, unless otherwise
approved by the Collier County Board of County Commissioners.
E.
Any and all points of ingress and/or egress as shown on any and all plan
submittal(s), are conceptual in nature and subject to change as determined by
Collier County Transportation Staff. Collier County Transportation Staff res erves
the right to modify, or close any ingress and/or egress location(s) determined to
have an adverse affect on the health, safety and welfare of the public. These
include, but are not limited to, safety concerns, operational circulation issues,
roadway capacity problems.
F.
Any and all median opening locations shall be in accordance with the Collier County
Access Management Policy, as amended, and LDC, as amended, Median access
and control will remain under Collier County Transportation Staffs authority, Collier
County Transportation Staff reserves the right to modify or close any median
opening(s) determined to have an adverse affect on the health, safety and welfare
of the public. These include, but are not limited to, safety concerns, operational
circulation issues, roadway capacity problems.
G.
Nothing in any development order will vest the right of access over and above a
right in/right out condition. Neither will the existence of a point of ingress, egress
and/or median opening, nor the lack thereof, be the basis for any future cause of
action for damages against the County by the developer(s), its successor(s) in title,
or assignee(s).
H.
The development shall be designed to promote the safe travel of all users including
pedestrians, All sidewalk design criteria used shall be in accordance with the
minimum standards as adopted by the Florida Department of Transportation
(FOOT) - Design Standards, as amended, as required by Florida Statutes - Chapter
316 Uniform Traffic Control Law,
The developer(s) shall provide any and all site related transportation
improvement(s) including, but not limited to, any and all necessary turn lane(s)
improvement(s) at the development entrance(s) prior to the issuance of the first
permanent CO, Said improvements are considered site related, and therefore, do
not qualify for impact fee credits. When turn lane improvement(s) described below
Agenda Item No. BE
May 11, 2004
Page 63 of 66
6.4
'12112004-126194 V...O1!-MPERRY
,^'"
Q39'¿S'{)O1-OOO- PPUD-27410
6-3
are determined to be necessary, if additional right-of-way and/or compensating
right-of-way is required, it shall be provided in conjunction with said improvement(s),
as determined by Collier County Transportation Staff. The subject development
turn lane improvements shall be as follows:
1.
Southbound left tum lane and northbound right turn lanes at the project
entrances on Collier Boulevard.
2.
Turn lanes shall be provided at intersections within the project as required
by Ordinance No. 93-64, as amended, and the Collier County Public Right-
of-Way Construction Standards Handbook.
All turn lane design criteria used shall be in accordance with the minimum
standards as adopted by the Florida Department of Transportation (FOOT) - Design
Standards, as amended, as required by Florida Statutes - Chapter 316 Uniform
Traffic Control Law. The turn lane queue length determinations shall be in
accordance with the criteria/calculations within the Highway Capacity Manual -
Chapter 17.
J.
All work within Collier County right-of-way shall meet the requirements of Collier
County Ordinance No, 93-64, as amended.
K.
All internal accesses, drive aisles and sidewalks not located within County right-ot-
way, shall be privately maintained by the developer, its successors in title, or
assignees.
L.
If, in the sole opinion of Collier County, a traffic signal, or other traffic control
device, sign or pavement marking improvement within a public right-of-way or
easement is determined to be necessary, the cost of such improvement shall be
borne by the developer and shall be paid to Collier County before the issuance of
the first CO.
M.
Adjacent properties to the north and east shall be provided shared access or
interconnections with this development. The PUD Master Plan indicates these
locations. The developer, or assigns, shall assure that any such shared access
or interconnection is utilized and shall accommodate the perpetual use of such
access by incorporating appropriate language into the development covenants or
plat.
N.
The developer shall provide a six foot (6') pathway/sidewalk adjacent to, or within,
the CR 951 Big Cypress Basin Canal easement. The pathway shall extend the
length of the project's CR 951 frontage, and shall be installed prior to the
issuance of a CO for the hospital. The exact location of the pathway shall be
determined in cooperation with the Collier County Transportation Department.
ENVIRONMENTAL
A
The development of this project shall be consistent with the environmental
sections of the CCME of the GMP and the LDC in effect at the time of final
development order approval unless otherwise noted within this Document.
Agenda Item No. BE
May 11 , 2004
Page 64 of 66
412112004-126194 Voc011-MPERRY
c"'",
0392S.{)01-ooG- PPUQ.27410
6-4
B.
The development of this project shall comply with the guidelines for impacts to
protected species of the U.S, Fish and Wildlife Service, the Florida Fish and
Wildlife Conservation Commission, and the LOC in effect at the time site
development plan approval is requested. A habitat management plan for those
species shall be submitted to Environmental Review Staff for review and
approval prior to site plan approval.
C,
All preserve areas shall be identified as separate tracts and be protected by a
permanent conservation easement to prohibit further development.
O.
All category I invasive exotic plants, as defined by the Florida Exotic Pest Plant
Council, shall be removed from within preserve areas and subsequent annual
removal of these plants in perpetuity shall be the responsibility of the property
owner.
E.
A preserve area management plan shall be provided to Environmental Review
Staff for approval prior to site/construction plan approval. The plan shall identify
methods to address treatment of invasive exotic species, fire management, and
maintenance.
F.
All approved agency (SFWMO, ACOE, FFWCC) permits shall be submitted prior
to final site plan/construction plan approval.
G.
Per the recommendation of the Environmental Advisory Council on April?, 2004,
the applicant shall consider off-site mitigation for impacting on-site wetlands.
This stipulation will be addressed during the site development plan approval
process.
Agenda Item No. 8E
May 11, 2004
Page 65 of 66
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"'¥~'N',~e1!'l~4~-""',
EXE CUTIVE S UlVI MA R Y
APPOINTMENT OF MEMBER(S) TO THE COLLIER COUNTY WATER AND
W ASTEW A TER AUTHORITY
OBJECTIVE: To appoint 1 member to serve a 4-year term, expiring on May 21, 2008 to the
Collier County Water and Wastewater Authority.
CONSIDERATIONS: The Collier County Utility Authority has 1 term expiring on May 21,
2004 representing the Technical category. This 5-member council was established on February
27, 1996, by Ordinance No. 96-6 to regulate utility rates and related matters regarding
non-exempt water and wastewater utilities in unincorporated Collier County. Three members
shall be technical in nature, with expertise in engineering, finance and/or business
administration. The remaining 2 members shall be appointed on the basis of individual civic
pride, integrity, and experience in any area of regulation. Members are required to fùe a Form 1
Statement of Financial Interests each year with the Supervisor of Elections. After initial
staggered terms, the terms will be 4 years. A list of the CUlTent membership is included in the
backup.
The term for Jerry P. Morgan will expire on May 21,2004. A press release was issued and
resumes were received from the following 2 interested citizens:
APPLICANT
CATEGORY
DIST ELECTOR AnV. COMM.
Jerry p, Morgan - re-appt.
TImothy D, Toole
Technical
Technical
Water/Wastewater Authority
None
NOTE: Mr. Morgan was appointed to fulfill the remainder of a vacant term, has served less than
a 2-year term, and is eligible for reappointment.
COl\1MITIEE RECOMMENDATION: Quasi-Judicial: No recommendation.
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDATION: That the Board of County Commissioners consider the
recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare
a resolution conflfffiÏng the appointment.
Prepared By: Sue Filson, Executive Manager
Board of County Commissioners
Agenda Date: MAY 11, 2004
.-.
Agenda Item No. 9A
May 11, 2004
Page 1 of 10
"" ""'..-.- ",..
, " "'"",,-,_.,--,,. .
'-.-----.
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
9A
Item Summary
Meeting Date
Appointment of member to the Water and Wastewater Authority.
5/11/2004 9:00:00 AM
Prepared By
Sue Filson
Executive Manager to the Bee
Board of County
Commissioners
BCC Office
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
5/4/200412:04 PM
Agenda Item No. 9A
May 11, 2004
Page 2 of 10
-. --
-- ----- .
Memorandum
From:
Bleu Wallace, Director, CDES Operations and Executive Director, Collier
County Water and Wastewater Authority
To:
Sue Filson, Executive Manager, Board of County Commissioners
Date:
April 22, 2004
Subject:
Collier County Water and Wastewater Authority Vacancy
I have reviewed the request of the applicants seeking reappointment and/or appointment to the
Collier County Water and Wastewater Authority, considering the qualifications required for a
tecbnical member. The Authority consists of five members; three technical members and two
lay members. Section 1-3 (E), Ordinance 96.6, as amended. provides:
"Technical memben sban be appointed based on individual expertise in one or
more of the following areas: (i) Engineering, with experience in water and sewer
systems; (ii) Finance, accounting, rate making, and/or utility regulation; or (iii)
Business administration."
Mr. Jerry P. Morgan, 2350 Mont Clair Drive #201, Naples, Florida 34109. Mr. Morgan has
just completed one year of the unexpired tenn ofa previous Authority member. Mr. Morgan is a
resident of Pelican Marsh. His vast engineering experience and familiarity with water and sewer
operations bas provided the Authority considerable depth in reguJating investor-owned water and
wastewater utilities. Mr. Morgan has a perfect Authority meeting attendance record and is well
respected by other members ofthe Authority. He is highly qualified for reappointment as a
technical member of the Authority.
Mr. Timothy Toole, 1136 Lakeshore Place, Naples, Florida 34103. Mr. Toole is a resident of
Hilhop Estates and is qualified for appointment as a technical member of the Authority in view
of his individual experience in business administration. Mr. Toole is currently President of
Naples Title, Inc.
While qualifications are capsulated above, no staff recommendation is contained herein.
Operations Department Aqeada Item No 9A
Community Development & Environmental Services DiVISioTMay 11, 2'004
Page 3 of 10
Utility Authority
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Mr. Robert C. Bennett 07/16/96 OS/21/98 2 Years
7065 Dennis Circle 103 352-0219 06/11102 OS/21/06 4 Years
Naples. FL 34104
District: 3
Category; Technical-Executive Management
Dr. Fay R. Biles 05/12/98 OS/21/99 1.5 Years
1533 f1cights Court 394-3089 04/22/03 OS/21/07 4 Years
Marco Island, FL 34145
n¡"trÌC/: 1
é'aJegory; Lay Member
Mr. Lowell Lam 07/30/02 OS/21/05 3 years
5 Gray Wing Pt, 774-5464
Naples. FL 34113
District: 1
Category: Civic Pride
,,-
Mr. W.J. "Jack" Markel 07/30/02 OS/21/03 1 Year
334 Henderson Ct. 389-8997 04/22/03 OS/21/07 4 Years
Marco Island. FL 34145
District; I
Category; Technical
Mr. Jerry P. Morgan 07130/02 OS/21/04 2 Years ../
7350 Mont Claire Drive, #201 594-8204
Naples, FL 34109
District; 2
Category: Technical
Wednesday, April 23, 2003
Page 1 0{2
Agenda Item No. 9A
May 11 2004
Page 4 of 10
Utility Authority
Name
Work Phone
Home Phone
Appt'd Exp. Date
DateRe-appt 2ndExpDate
Term
2nd Term
This 5 member authority was established on February 27, 1996, by Ordinance No. 96-6 to
regulate utility rates and related matters regarding non-exempt water and wastewater utilities in
unincorporated Collier County, Three members shall be technical in nature. with expertise in
engineering, finance andlor business administration. The remaining 2 members shall be
appointed on the basis of individual civic pride, integrity, and experience in any area d
regulation. Members are required to file a Form 1 Statement of Financial Interests each year
with the Supervisor of Elections. Terms are 4 years,
/"""'
FL STAT 125,Ol(t)
Staff: Bleu Wallace, CDES Operations Director. 659-5717
Wednt!!Jday, April 23, 2003
Page 2 of2
Agenda Item No. 9A
May 11, 2004
Page 5 of 10
--~'-,-,-- ---
MEMORANDUM
DATE:
April 5, 2004
TO:
Elections Office .
Sue Filson. Executive Manag ~ ,
Board of County Commissio~
FROM:
RE:
Voter Registration - Advisory Board Appointments
The Board of County Commissioners will soon consider the folloWÚ1g 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.
UTILITY AUTHORITY
COMMISSION DISTRICT
Jerry P. Morgan
2350 Mont Claire Drive, #201
Naples. FL 34109
!Z
Timothy D. Toole
1136 Lakeshore Place
Naples. FL 34103
~
Thank you for your help,
\I c:r"'¡
R~CE.' v"
(.\pw ~ :lÜI)Ii
. ,:\.\:ìt'¡ ',.y'\\a":.o")r.f>.I'~
ÓM~'~ ,". .
Agenda Item No. 9A
May 11, 2004
Page 6 of 10
-------,..
MEMORANDUM
DATE:
April 5, 2004
FROM:
Bleu Wallace, CDES Operations Director
Sue Filso~ Executive ~er ~ /
Board of County COnmussl0~-"J
TO:
RE:
Utility Authority
As you know, we currently have vacancies on the above-referenced advisory committee. A press
release was issued requesting citizens interested in serving on this committee to submit a resume for
consideration. I have attached the resumes received for your review as follows:
Jerry P. Morgan
2350 Mont Claire Drive, #201
Naples, FL 34109
Timothy D. Toole
1136 Lakeshore Place
Naples, FL 34103
Please let me know, in writing, the recommendation for appointment of the advisory committee
within the 41 day time- ftame, and I will prepare an executive summary for the Board's consideration.
Please categorize tbe applicants in areas of expertise. If you have any questions, please call me at
774-8097.
Thank you for your attention to this matter.
SF
Attachments
Agenda Item No. 9A
May 11, 2004
Page 7 of 10
-~~---------
Jerry P. Morgan
2350 Mont Claire Dr. UIÙt 201
Naples, Rorida 34109
Board of County Commissioners
3301 East Tamiami Trail
Naples, Rorida 34112-4977
Attention: Sue Rison
Executive Manager
Board of County Commissioners
Re: Reappointment Collier County Water and Waste Water Authority
Gentlemen,
. I have had the pleasure of serving on the Water and Waste Water Authority for
the past year and I fèel that my experience and expertise has been of great benefit in
judging matters that come before the authority.
I would appreciate your cònsideration to appointing me to an additional tenD so
my fellow members and I can Gontinue our work to ensure th those people living in the
authority regulated communities will.be¡heard. an~ed f¡ . ly with. due respect.
Since ly,
,
. Morgan 'I
Agenda Item No, 9A
May 11, 2004
Page 8 of 10
Application for Advisory CommitteeslBoards
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
(239) 774-8097
Fax: (239) 774-3602
rr'1
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"'1IlÜ tIÞ 5/1efiJsðt(iì¡cøUierrtlV.nd. Tluutk ytHI ffH' ~ tø 5O'IÞe tIu citú.e1u (If C/I/llR CølUlt]f.
- - -- --- -
MAR-12-2DD4 D5:DTPU
FROM-NAPLES TITLE
+19416435744
T-802 P.DD2/DDZ F-435
Board of CoUnty Commissioners
3301 East TamWni Traal
Naples, FL 34112
(239) 77+801J1
Fax: (:239) 774-3602
Application for Advisory Committees/Boards
Name:_\ ~""" ~~..."'V. \ ,:l.... BOJDe Pboøe:~ ~ \
Home Addnss: \ \ \ L ~ Q\e.c..~ N \ "S Zip Code: ~4 t f) ~
Fax No.:13li - ~'-\)- 51UB~ PboDe"~ e-nwl addn:ss: T..-@'3~ \'-~ \k. . ~ ~
B1Isiness: Q("~...; J~_\- - \()~("...~~+\.-.~.. ~q ~...~<::.nr.
Boud or Committee Applied for.~~U'" é~>-Ad-",\ L~.~ Lt", A~~~("'~~
Category (if applicable):
EDnapk: c_~ ÞDcda. U-VdD¡M:r. ~ lay ~ --
Are YOit a rqbtcred voter ÙI Collier Cowny: Yes X?
Do you curready hold pRbJit omce? Yes.
I1~ Wbat is 1hat o1ftœ?
No
No
XJ
Do)'011 BOW serve. or ~V. you. -r "Tn'" em a CoWer COIUII)' bow or comminee1 y~
JfyÞ, please list the co~ards:
No
)0
Education: ~c.W /)t' Q~
kt~-
G\ ,~~
ðÇ
L \:kj", CrO11
\
ExpøieDce: Qn~\.l..~A. - ")~~~-\1.- ~.-:.. ~ ~O{)\ - 2Qu\;
~..)t. 'b"¡' M .. "~.-- - ~ ~u.)&.~ ~ - \ ~ 'i'; - 9,00\
n-....,. .. ~l inf---yofJf"¡,.,---. TltV 1I I'JIlic---1I1IHWI /IfI.J-,¡, ,. Sru JIlNft, ~ M,..... III "-
1kHtnlvfCtÞIIIf{y C--~ÍWW4, 3,3f1J EIIIlI2'~.7Nif,N""', n 34112. l/:1f1f1""',"""'flÞt~~~r41Øm~~~
.."..,..-r.!t~,.4 17oØlllç'M4ftw.".¡".....IO_tùÅli:Þflof~C".".". May 11,2"004
Page 10 of 10
EXECUTIVE SUlVIMARY
~..-.
APPOINTMENT OF MEMBER(S) TO THE COMMUNITY CHARACTER/SMART
GROWTH ADVISORY COMMITIEE
OBJECTIVE: To appoint 1 member, with the term expiring on June 26, 2005 to the
Community Character/Smart Growth Advisory Committee.
CONSIDERATIONS: The Smart Growth Advisory Committee has 1 vacancy with the term
expiring on June 26,2005. This 12 member, plus 1 Commissioner committee was established on
June 26, 2001 by Ordinance No, 2001-41 to assist staff with the implementation of the
Community Character Plan through amendments to the Comer County's Growth Management
Plan, Land Development Code and other smart growth concepts. The members shall be selected
from a broad base of citizens and disciplines including 2 development representative or experts
in the fields of architecture, landscape architecture, land use or transportation planning, 2
environmental representatives, 8 community leaders (civic, homeowner associations, presidents
and directors with interest or expertise in the fields of architecture, landscape architecture, land
use or transportation planning) or citizens. A list of the CUITent membership is included in the
backup.
Mr. Gavin Jones resigned from the committee on March 10, 2004. A press release was issued
and one resume was received from the following interested citizen:
APPLICANT
CATEGORY
DlST ELECTOR ADV. COMM.
I Brent Moore
I Urban Planner
~I None
COMMITIEE RECOMMENDATION:
Brent Moore
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDATION: That the Board of County Commissioners consider the
recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare
a resolution confmning the appointment.
Prepared By: Sue Filson, Executive Manager
Board of County Commissioners
Agenda Date: MA Y 11, 2004
",.-
Agenda Item No. 98
May 11, 2004
Page 1 of 11
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
98
Item Summary
Appointment of member to the Community Character/Smart Growth Advisory
Committee.
Meeting Date
5/11/20049:00:00 AM
Prepared By
Sue :¡son
Executive Manager to the BCC
B~""': .C:;unty
r
'S
BCC Office
App
~1 By
Jao,' i. Mudd
County Manager
Date
Board c' ""'unty
CommissIOners
County Manager's Office
5/3/2004 6:23 PM
Agenda Item No. 98
May 11, 2004
Page 2 of 11
April 29, 2004
Ms, Sue Filson
Board of County Commissioners
3301 E. Tamiarni Trail
Naples, FL 34112
SUBJECT: Community Character/Smart Growth Advisory Committee
Dear Ms. Filson:
At the April 28, 2004 Community Character/Smart Growth Advisory Committee meeting, the
committee discussed the application of Brent Moore to fill the current vacancy.
The committee, by a unanimous vote, would like to recommend that the Board of County
Commissioners appoint Brent Moore to fill the current vacancy.
1.
Brent Moore - Urban Planner
Thank you for your assistance in this matter.
Sincerely,
I.
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Commissioner Tom H~
Board of County Commis~~ners
BCC Liaison to CCSGAC
TH:mst
Agenda Item No. 98
May 11, 2004
Page 3 of 11
Smart Growth Advisory Committee
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDale 2nd Term
Mr- R. Bruce Anderson .\ll\\oJ(?>.~{ 597-2814 09/11/01 06126/03 2 Years
1670 Crayton Road ¡.J' "l/,} 04/13/04 06/26/05 1 Year
(e'
Naples, FL 34102
E-Mail:
District: 4
Category: Development Representative
Mr. Robert P. Murray 01/14/03 06/26/03 6mo
9087-1 Michael Circle 417-9915 04/13/04 06/26105 1 Year
Naples, FL 34113
E-Mail:
District: 1
Category: Economic Development/Civic Activist
Mr. Dwight Oakley 262-0073 OS/27/03 06/26/04 1 Year
340 Carnaby Court 262-0073 04/13/04 06/26/05
Naples, FL 34112
E-Mail: oakleyx2@earthlink.net
District: 4
Category: Architect
Mr. Bradley Cornell 643-7822 OS/27/03 06/26/04 1 Year
556 109th Avenue, North 592-7805 04/13/04 06/26/05
Naples. FL 34108
E-Mail: millercornell@mindspring.com
District: 2
Category: Environmentalist
Mr. James I. Lucas 09/11/01 06/26103 2 Years
2671 Citrus Lake Drive, #201 591-8850 04/13/04 06/26/05 1 Year
Naples, FL 34109
E-Mail:
District: 3
Category: Community Leadership
Frida" April 16, 2004
Page 1 of.
Agenda Item No. 98
May 11, 2004
Page 4 of 11
Smart Growth Advisory Committee
Name Work Phone Appt'd Exp. Date Term
Home phone DateRe-appt 2ndExpDate 2nd Term
Mr. Mark B. Morton 403-6725 09111/01 06/26/03 2 Years
2233 Clipper Way 643-7181 04/13/04 06/26/05 1 Year
Naples, FL 34104
E-Mail:
District: 4
Category: Development Representative
Mr. Dwight E. Richardson 01/14/03 06/26103 6mos
725 10lst Avenue, N. 594-5341 04/13/04 06/26105 1 Year
Naples, FL 34108
E-Mail:
District: 2
Category: Civic Activist
Ms. Patricia Pochopin 714-8333 09/11/01 06/26/03 2 Years
4516 Parrot Avenue 643-7580 04/13/04 06/26/05 1 Year
Naples, FL 34104
E-Mail:
District: 3
Category: Community Leadership
Mr. Gary A. Davis 403-4222 01/14/03 06/26/03 6mos
2201 Forrest Lane 261-2584 04/13/04 06/26/05 1 Year
Naples, FL 34102
E-Mail:
District: 4
Category: Environmental Representative
f.,,)
Ms. Susan W. McCampbell ~ (e(l 01/14/03 06/26/03 6mos
1880 Crestview Way ~A~~'-l 591-5906 04113/04 06/26105 1 Year
Naples, FL 34119 -:}"'
E-Mail:
District: 3
Category: CitizenlUrban Planner
Frida" April 16, 2004
Page 2 of 4
Agenda Item No. 98
May 11 , 2004
Page 5 of 11
-----------
Smart Growth Advisory Committee
Name Work Phone Appt'd Exp. Dale Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Mr. G. Russell Weyer 596-2733 10/28/03 0612 6104 8 months
707 Orchid Drive 213-0081 04/13/04 06/26/05
Naples, FL 34102
E-Mail:
District: 4
Category: Developer
. #rJ-
Mr. Gavin Jones (.e5~~.~ ~ 06/01/03 06126/04 1 Year
168 Palm Drive, #2 77 5-«)26 04/13/04 06/26/05
Naples, FL 34112
E-Mail:
District: 1
Category: Transportation Planning
Mr. Tom Henning 774-8393 09/11101 06/26/03 2 Years
3301 E. Tamiami Trail 04/13/04 06/26/05 1 Year
Naples, FL 34112
E-Mail:
District: 3
Category: Commissioner
Friday, April 16, 2004
Page 1 of-l
Agenda Item No. 98
May 11, 2004
Page 6 of 11
~----
Smart Growth Advisory Committee
Name
Work Phone
Home phone
Appt'd Exp. Dale
DateRe-appt 2ndExpDate
Term
2nd Term
This 12 member, plus 1 Commissioner committee was established on June 26, 2001 by
Ordinance No. 2001-4110 assist staff with the implementation of the Community Character
Plan through amendments to the Collier County's Growth Management Plan, land
Development Code and other smart growth concepts. The memberS shall be setected from a
broad base of citizens and disciptine8 including 2 development léPI...-dative or experts in the
fields of architeCtUre, landscape architeCtUre, land use or tralRIt^"'tation ptanning, 2
envirorunental,~tatiYes. 8 community IeøderS (civic, homeowner ~s,
presidentS and diredDrS with interest or expertise in the fields of arcmtecture, landscaPe
architeCtUre, land use or billRlt^"'tation planning) or citizenS. On 4113104 the acc adopted
Resolution No. 2004-101 extending the term of memberShip of the committee for one year to
expire on June 26, 2005.
FL STAT
/-.
Staff: Stan Utsinger, ComprehenSiVe Planning Manager: 403-2408
..---
Friday, April 16, 2094
Page4of4
Agenda Item No. 98
May 11 2004
Page 7 of 11
MEMORANDUM
DATE:
April 26, 2004
TO: Elections Office
FROM: Sue Filson, Executive Manager--1r..
Board of County Conunissioners
RE:
Voter Registration - Advisory Board Appointments
The Board of County Commissioners will soon consider the following individuals for appointment
to one of the county's advisory conunittees. Please let me know if those listed below are
registered voters in Collier County.
Also, please list the connnission district in which each applicant resides.
SMART GROWfH ADV COMM
COMMISSION DISTRICT
Brent Moore
900 Hidden Terrace Road
Naples, FL 34104
r
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Thank you for your help.
" ~. ~ ..,. ~ ..
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Agenda Item No, 98
May 11, 2004
Page 8 of 11
MEMORANDUM
DATE:
April 26, 2004
FROM:
Sam Tucker, Executive Aide to Board of County Commissioners
Sue Filson, Executive Manage;-Çt .
Board of County ColIl1IÛSSio~
TO:
RE:
Smart Growth Advisory Committee
As you know, we cmrently have vacancies on the above.referenced advisory committee. A press
release was issued requesting citizens interested in serving on ~ committee to submit a resume for
consideration. I have attached the resumes received for your review as follows:
Brent Moore
900 Hidden Terrace Road
Naples, FL 34104
Please let me know, in writing, the recommendation for appointment of the advisory conunittee
within the 41-day time frame, and I will prepare an executive summary for the Board's consideration.
Please categorize the applitants in areas of expertise. If you have any questions, please call me at
774-8097.
Thank: you for your attention to this matter.
SF
AttaChment
Agenda Item No. 98
May 11, 2004
Page 9 of 11
Page 1 of 2
fibon s
From: AdvisoryBoards
Sel.!: Thursday, April 08, 2004 10:49 AM
To: filson_s
Subject: New On-Una Advisory Board Application Subnitted.
. -*.. :. .
c>(n6! CountY
._..~ '-..r.~_"~-
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
Tel: ( 239 ) 774-3602
Fax: (239) 774-3602
Ltþl\,I.
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April 08, 2004
Application for Advisory Committees" Boards
Name: Brent Moo/'8 ttcm8 Phone: 239-261-5634
Home Address: 900 HIdden Terrace Road
City: Naples Zip Code: 341Õ4
Fax Number: 239-&43-5716 Business Phone: 239-649-4040
Email Address: brentrnoore@wilsonmiller.com
BoIIfd / Cðn..1itteé Applied for: Smart Growth Advisory Committee
Category: (If applJcøb/e)
Urten Plamer
Are you . regls8ered wIer In Collier CounIy1 Yes
Do you curnnUy hold public olllce? No
Do you .- serve. or M". you serwd on a CollIer County Þo8d or
COII1ffIIIœe ?
No
PIeae list your community 8dlviIIes:
F APA ProITised Lands Section Annual Smart Growth SyIll¡)O8i\.m Pllming Commillee
(2003) FPZA Annual CcII'tfInI""" PI8nning Comlee (2003) MoorIngs Pl'88by/8ri8n
Ringers end Choir MoorIngs Teem Member: Relay far life
Education:
Master of Science in UrbIn 8nd Regional PIInr*1g (MSP), FIortdII Stile UnlYenllty, May
2003, Speciallzallon In Compnthenelve Planœ.g and Growth Management Bachelor or
Arts in AmeI1can Studtes. Sl OIIIf Colege, NoIthIIeIcI, Mlmeeota, May 2000.
4/8/2004
&pet ience I BacIIgruund:
I am cum:ntly and have been a project plamer With 'tMIlKlnMiler since JLWMt of 2003, I
work on a variety of projects wtich involve b8tandng vartous 8OCIIII, economic, and
environmental concerns as they apply to deYeIopmentl conservation, and planning,
Agenda Item No, 98
May 11, 2004
Page 10 of 11
Page 2 of 2
Some of these projects have included the planning-related services for Ave Maria,
Mediterra, and a Beam ~ OrdInance for Gulf Shores, Alabama. Wlile in graduate
school, I worked as a planner for the AoricIa Trai Association (FTA), a non-protl
organization partnered with the USDA Forest Service to manage the Florida National
Scenic Trai (FNSl). ThIs provIded me professiorøl exposure to a wide variety of issues
as they relate 10 greenways and trais. I worked with over 20 slate, local, and private
exganizations to manage agrHments for the Florida National Scenic Tral, In addition, I
authored two grant ap Jllcations that resulted in fUnding awards of $140,000. WIlle
pursuing an undergraduate degree in Minnesota, I wor1œd for the School Nature Area
Project (SNAP), which provided tundng and assästance toMlnnesoÙl primary and
secondary institUtIons in order to develop restored native landscapes for educational
plIrp0se5. This provided me with an uncIersIandInQ of the importance of involving young
people in their local convnmlies and environment. Between I1IC8iYing my
undel91lduate degree and graduate schoOl, I wortœd \lor a native landscapi¡g complll1Y
and as a manager in a lumberyard. providing me exposure to these two very important
place-building sectors of the economy. These ¡ßqU8 experiences provide me with a
broad view of what i lakes to buid a community of place. In adcItion to these
experiences, I gained various practical exposure to a variety of smart growth issues
while in graduate school I participated in an urtøn des9t studio in which we worked for
the CRA board in Quncy, Florida, We provided design and planning services in
conjunction with landscape arthitedUnt students at FAMU, which lncIucIecIa series of
meetings and chareltes with CRA and communly members. The resulting design
docurner1Is provided a framework for developing a plan for the tDwn of Quirq which
involved a local mar1œt, a serieS of gree.-ys along an existing ~y, and a new
ibrary complex. My capstone project was c:tevelop!ng design guicIeIiMs for a proposed
Research and Developmeri Par1t to be located at the Kennedy Space Center. The
Departmeri of Urban and Regional Planning at FSU was contracted by the F1orida
Spaœ Authority to develop design guidelnes for !he development of the pwk. These
design guidelines went geared towardS three primary criteòa: a carnpus-lke
envirorvnent. ecologically friendly, with a synergistic mix of uses. Eaå\ of these
experiences provides me with an optimistic view of the possibiIlIes of plenrmg for smart
growth. I have very recent exposure and education related to smart growth, and would
be happy to become involved in looking towards the future of Colier County on this
committee. .
4/812004
Agenda Item No, 98
May 11, 2004
Page 11 of 11
""'~~
",-
EXECUTIVE SUlVIlVIARY
APPOINTMENT OF MEMBER(S) TO THE COLLIER COUNTY COASTAL ADVISORY
COMMITTEE
OBJECTIVE: To appoint 1 member representing Collier County and confirm 1 member
representing the City of Naples to serve 4-year terms, expiring on May 22, 2008 to the Collier
County Coastal Advisory Committee.
CONSIDERATIONS: The Collier County Coastal Advisory Committee has 3 tenns
expiring on May 22, 2004. This 9 member committee was created by Ordinance 2001-03 to
assist the Board of County Commissioners with its estabHshment of unified beach erosion
control and inlet management programs within the unincorporated and incorporated areas of
Collier County, and to advise the Board of County Commissioners and the Tourist Development
Collnl'il (IDC) of project priorities with respect to funding sources that are available to Collier
Coullly for restoration and protection of its shoreline. The committee is composed of 3 members
from the unincorporated area of Collier County, 3 members from the City of Naples and 3
J11,-'nlocrs from the City of Marco Island. Selection for membership on this committee will be
based upon the applicant's familiarity with coastal processes, inlet dynamics, coastal
management programs, or demonstrated interest in such programs; relevant education and
experience; leadership and involvement in community affairs; and willingness to attend meetings
and to undertake and complete assignments. After initial appointments, tenns will be 4 years. A
list of the current membership is included in the backup.
-
The terms for David A. Roellig representing ColHer County, Bedford H. Biles representing
Marco Island, and William Otto Kroeschell representing the City of Naples expires on May 22,
2004. A press release was issued and letters were sent to the City of Naples and Marco Island.
One resume was received from the following interested citizen:
APPLICANT
CATEGORY
DlST ELECTOR ADV. COMM.
David A. Roellig - re-appt Collier County 2 Yes CAC
Murray H. Hendel-confirmation City of Naples 4 Yes TDC
To Be on May 25. 2004 Agenda Marco Island I Yes
COMMITTEE RECOMMENDATION: Re-appointment - David A. Roellig
Confirmation - Murray H. Hendel, City of Naples
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDATION: That the Board of County Commissioners consider the
recommendation for appointment, appoint 1 member; confirm 1 member representing the City of
Naples, and direct the County Attorney to prepare a resolution confirming the appointments.
,'-.
Prepared By: Sue Filson, Executive Manager
Board of County Commìssioners
Agenda Item No. 9C
May 11, 2004
Page 1 of 14
.._...."."--,,..._.~
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
9C
Item Summary
Appointment of members to the Collier County Coastal Advisory Committee,
Mee~ir,q Date
5/11/20049:00:00 AM
Prep3r~f1 Th
Sue h.",,>~
Executive Manager to the BCC
Boay,'¡ ,..,
. -h.
c
BCC Office
~
",
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James V "de
County Manager
Date
Bo::-do' .",c ty
Com, .. J:A1ei~
County Manager's Office
5/3/2004 5:03 PM
Agenda Item No. 9C
May 11, 2004
Page 2 of 14
'-'---'"
""""'-"""-"-
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Collier County Coastal Advisory Committee
Name Work Phone Appt'd Exp. Date Term
Home Phone Datdle-appt 2náExpDate 2nd Term
Mr. Anthony P. Pires, Jr. 649-6555 OS/22101 OS/22/05 4 Years
209 Madison Drive
Naples, FL 34110
E-Mail:
District: 2
Category: Collier County
Mr. David A. Roellig OS/22101 OS/22104 3 Years V
6000 Pelican Bay Boulevard, #504 594-2210
Naples, FL 34108
E-Mail:
District: 2
Category: Collier County
Mr. Graham Ginsberg 455-6595 03-09-04 OS/22107 3 Years
4950 Sycamore Drive 455-6595
Naples, FL 34119
E-Mail:
District: 3
Category: Collier County
Mr. James L. Snediker OS/22/0 I OS/22/05 4 Years
3000-417 Royal Marco Way 642-3566
Marco Island, FL 34145
E-Mail:
District: 1
Category: Marco Island
Mr. John A. Arceri 394-8852 02/11103 OS/22/07 3+ Years
1228 Lamplighter Court 394-8852 01/27/04 OS/22/07
Marco Island, FL 34145
E-Mail:
District: 1
Category: Marco Island
Wednesday, MorellIO, 20tU
Page 1 ofl
Agenda Item No. 9C
May 11, 2004
Page 3 of 14
~- , - Collier County Coastal Advisory Committee
Name Work Phone Appt'd Exp. Date Term
Homl!! Phone DateRe-tlppt 2ndExpDate 2nd Term
Mr. Bedford H. Biles 02/11103 05122/04 ] Year V-
1588 Heights Court 394-3089
Marco Island, FL 34145
E-Mail:
District: I
Category: Marco Island
Mr. William Otto Kroeschell 05122/0] 05122104 3 Years ,/
272 Mooring Line Drive 262-æ39
Naples, FL 34102
E-Mail:
District: 4
Category: City ofNap]es
Mr. Ronald M. Pennington OS/22/01 OS/22/03 2 Years
3430 Gulf Shore Blvd., N., Unit 2F 263-6935 02/10/04 OS/22/07 4 Years
Naples, FL 34103
E-Mail:
District: 4
Category: City of Naples
Councilman John F. Sorey, III 213-1015 03-09-04 OS/22/05 1 Year
735 Eighth Street, South
Naples, FL 34102
E-Mail:
District: 4
Category: City ofNapJes
Wednesday, MlUCh 10, 2004
Page2olJ
Agenda Item No. 9C
May 11 2004
Page 4 of 14
Collier County Coastal Advisory Committee
Name
Work Phone
Hom#! Phone
Appt'd Exp. Dl11e
Dl11eRe-oppt 2ntlExpDate
Term
2nd Term
This 9 member committee was created on February 13, 2001 by Ordinance 2001-03 to assist
the Board of County Commissioners with its establishment of unified beach erosion control and
inlel mallagement programs within the unincorporated and incorporated areas of Collier County,
and to advise the Board of County Commissioners and the Tourist Development Comcil (TDC)
of project priorities with respect to funding sources that are available to Collier County for
restoration and protection 01 tts shoreline. The committee is composed of 3 members from the
unincorpotated area 01 Collier County, 3 members from the City of Naples and 3 members from
the City of Marco Island, Selection for membership on this committee wiØ be based upon the
applicant's familiarity with coastal proceSBeI, inlet dynamics, coastal management programs, or
demonat..:dad interest in such programS; relevant education and experience; leadership and
involvement in community affairs; and willingness to attend meetings and to undertake and
complete assigI dnents. After initial appoinbnents, terms will be 4 years.
FL STAT
Staff: Maria Bernal, Tourism Office: 213-2966
Wednesday, MarclllO, 2004
Page30f3
Agenda Item No. 9C
May 11 , 2004
Page 5 of 14
_m ----~.._~-
MEMORANDUM
-
DATE:
Ap'ril 5, 2004
TO: Elections Office
FROM: Sue Filson, Executive Manager ì.J .
Board of County Commissioners
RE:
Voter Registration - Advisory Board Appointments
The Board of County Commissioners will soon consider the following individuals for appointment
to one of the COWlty'S advisory committees. Please let me know if those listed below are
registered voters in Collier COWlty.
Also, please list the commission district in which each applicant resides.
COASTAL ADVISORY COMMITTEE
COMMISSION DISTRICT
David A. Roellig
6000 Pelican Bay Blvd., #504
Naples, FL 34108
;¿
Thank you for your help.
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Agenda Item No, 9C
May 11 , 2004
Page 6 of 14
---------~-~-
MEMORANDUM
DATE:
April 5, 2004
TO: Maria Bernal, Tourism Office
FROM: Sue Filson, Executive Manager ~
Board of County Commissio~ .
RE:
Collier county Coastal Advisory Committee
As you know, we currently have vacancies on the above-referenced advisory committee. A press
release was issued requesting citizens IDterested Û1 serving on !1m committee to submit a resume for
consideration. I have attached the resumes received for your review as follows:
David. \. Roellig
6000 Pelican Bay Blvd., #504
Naples, FL 34108
Please let me know, in writing, the recommendation for appointment of the advisory committee
within the 41 day time-fÌ'ame, and I will prepare an executive summary for the Board's consideration.
Please categorize the app6cants in areas of expertise. If you have any questions, please call me at
774-8097.
Thank you for your attention to this matter.
SF
A ttaèhments
Agenda Item No. 9C
May 11 , 2004
Page 7 of 14
REGaVE-V
MAR 2 S ZOOl¡
,~ rount'i Coml1liss loners
ßoara I), ','
March 24, 2004
Ms, Sue Filson, Executive Manager
Board of Collier County Commissioners
330~ East Tamiami Trail
Nap,~s, Florida 34112
Dear Ms. Filson:
This letter is in response to your letter of February 12, 2004 concerning reappointment
as a member of the Collier County Cgastal Advisory Committee,
Enclosed is a copy of my updated resume. I request consideration for reappointment to
this Committee. I have nearly 30 years experience with the Army Corps of Engineers;
the major portion of my Corps' career involved work in the geotechnical and coastal
engineering areas. I am a full time resident and an elector of Collier County.
Sincerely,
k--t It
David A. Roellig
6000 Pelican Bay Blvd. #504
Naples, Florida 34108
(239) 594-2210
Agenda Item No. 9C
May 11, 2004
Page 8 of 14
--------
Application for Advisory Committees/Boards
Board of County Commissioners
3301 East TamiaßÙ Trail
Naples, FL 34112
(239) 774-8097
Fax: (239) 774-3602
Please list
Education:
do.. held):
Piau tItIIIcJt up 1IIiditiD,..1 Úlf.mudÚÞ. ytllI I-i pnIÌIUIIL n.ø 1Ip~ s1undll N f.~ 10 Sw Fi.
BøcÑ "fC,,1UI1y c...1lÙØiØ1JÐ'S, 3301 Eøt T-;..; TnriI. NøpIn, FL 34112. lfytlll wislt, pleløefø ytllIT wbo.t£a,. J A
IlltùJ 10 SlIefilstltiirølIÌLI'7t".Mt. T/uufk ytllI f"T ~ ÚÞ sen>t! tM dtl:e,.uf Ct1I1ier CtHUftp. Page 9 of 14
RESUME
Name: David A. Roellig
Education: B,S., Geology, Wayne State University
Registration: Professional Geologist, Florida Ucense #729
Prior Experience:
May 1966 to January 1981. Detroit District, U.S. Army Corps of Engineers,
prepared or was responsible for more than 1 5 coastal erosion, and navigation studies,
most of which have been authorized and constructed, Served as District Coastal Zone
Management Coordinator and on subcommittees of the International Joint Commission
and the Great Lakes Basin Commission.
January 1981 to September 1990. Division Geologist for the North Central
Division, Corps of Engineers, Chicago, Illinois. Provided consultatiOn and guidance in
the fields of engineering geology' and coastal engineering to our subordinate district
offices. The area of responsibility included the U.S. portion of the Great lakes as well as
the upper Mississippi River Basin. Also served as the Division Research and
Development Coordinator and as a member of the International Joint Commission's
Council of Great Lakes Research Managers.
September 1 990 to May 1994. Geologist for the Headquarters, Corps of
Engineers, Directorate of Civil Works, Washington D,C, Provided engineering geology
consultation to all elements of the Corps of Engineers, Technical proponent of geology
related training courses. Headquarters technicaJ monitor of the Corps' coastaJ geology
R&D. Provided guidance and oversight of civil works program development, and
execution for a broad range of water resource and conservation projects,
May 1 994 to February 1998. Took early retirement, performed volunteer work
and relocated to Florida in 1996,
February 1 998 to present. Serving on the Pelican Bay MSTBU Advisory Board and
also serve as chairman of the Clam Bay Restoration Subcommittee.
June 1999 to April 2001. Appointed to the City/County Beach Renourishment
Advisory Committee. Elected Chairman of the Committee at the October 2000 meeting.
This Committee was disbanded and County Ordinance established the new Coastal
Advisory Committee.
May 2001 to present. Appointed to the Collier County Coastal Advisory
Committee. EJected Vice-Chairman.
1 996 to present. Boat Captain at the Conservancy of Southwest Florida
March 1999 to present. Member, Board of Directors of the Chateaumere
Condominium Association
ProfessionaJ Affiliations:
Member, Association of Engineering Geologists
Member, Florida Shore and Beach Association
Address: 6000 Pelican Bay Blvd. #504, Naples, Florida 34108
Telephone: (239) 594-2210
Agenda Item No. 9C
May 11, 2004
Page 10 of 14
< <-<'<-<-----'
....~,
----- ----
04/14/2004
08:07
2392131025
CITY CLERK
PAGE
133
Book 124 . Page-
AGenða :It.. 16(b)
M8ating of ~/7/0~
K8S0LUTXOR 0.-1°'27
A U80Lt1l'IOH D1D()J(SDJQ A CAl'IDme'I: '1'0 aD'BSDr '1'BI: CXTY OF DPLJIS OR '1'B
COI.oI.XJœ ComrrY COA8':AL AnV%SORY CC8I:'l'TJSZ1 DXIUSC'1':œQ 'nfA1J:' '1'D
AÞPL¡:CA'Z':tOH/USOD Du8MUõ.l."rõU BY SAID cum~'1'B - ~ '10 'rIDI BOAItD O.
COx.L:tJΠCOOlft'Y COIDaSSIOI'IZJUII AND PP.O'lD)DIQ AX UI'ZCl'1VB Eaft.
WJnaœAs ,
~,
the term of William Kroeechell as a City of Naples representative
on the Collier County Coastal Advisory Conmittea expires on May
22.2004; and
pursuant to Section 2-268 of the Code of Ordinances. the City of
Naples has conducted a recruitment and interview process:
Sactioa 1.
troW, T1!BIŒ~, BB rr RESOLV1!Q) BY '1'BI: COONC:rL 07 '1'B1I C%TT 0:1' JD"PLJIS, n.œ~ &
Sectiou 2-
SectiOD 3-
That Murray Hendel is hereby endor3ed for appointment as a City
of Waples -representative on the Collier County Coast:8.1 Advisory
CoJl11I\ittee.
The City Clerk is hereby directed to forward this resolution,
along with the applic8cion/résumé of the above referenced
candidate, to the Board of Collier County Commissioners for its
consideration,
This resolution shall take effect immediately upon adoption.
~~.
Bill Barnett. Mayor
PASSZD D1 OPZII AlÐ) ~ SBSSXOll o:r
1'LO1t:IÐA, TBXS 7'111 DAY or ARItXL, 20°'.
Attes:,zt: ~
'¿'
". -' -(" ¡(f.
Tara A. Norman
Attorney
Date filed with City Clerk:
if-/J../ -0 Lf.
Agenda Item No, 9C
May 11, 2004
Page 11 of 14
__n_~
~-~-------
CITY QERK
. 8'/1./2BB. - 31B25 ~~:::::a for VohIateer &rvtc:e
N8Qe Murray H. Hendel
PAGE 84
Hom8Pboat (239) 262-0738
_Fax (239) 262-8378
~~~urrp2h@aol.com
Home Addrus 4301 Gul.t Shore Blvd. N.
Naples, FL
34103
BusiDosa
BuaiDe.. PhoQe
B \UÏDeq Address
!!-.lor Coaei- Appl od Far ['
Momber Catelory (if 8ppJic&blc)
'Nbat otha \'Ol=- J'Ositiou .. you im~ ÌD?
c.,w. Coumy CO88I8I AcMIoIy o-itlee~ ]
Ale you , City raidezu? YES
Do you DOW bold pubüc ofliœ?~O
Ifso, how loat'? 16 yrs - Rc~ VOIm'! YES
It SO, wh8 is tbat oftic.?
..-
Arc you employed by the City ofNlp1es Of lIlY other ~ body? NO
Are you œlated to ID)'ODe employed by the City ofNaptos?
NO
Do )OCMt now MtYe, or have you eYeI' MIVed, 011 a City ofN~ board or commìftce? 'lES
If so. what is that bo8d or çomm1nee?
GENERAL PENSlON BOARD
Do you SI:Ive on - board or committee of CoUi~ Co\&1Ity BO~u.uJ-.ut?
If to. what is that bon o.r commiuec?
NO
P1C&.W: lilt yOtlt comDNDicy ac:ùYÙic3 (dvic clubs. MiJhbcwhøod .'~DI, tSC. )
SEE ATTACHED
".... .... ,..,. ,.... - "..". .. ....., -" ..... fI/. I#øI ""'~du" ... ca ~ ~
J... ~ J ...1..,.......... tall .,~... ..., II ~ ., -- CIt CJIrtÞI OØIM. '1JS ""0:-
.,........ ~ ~ HIGf1N. ¥JI8'-', ,.,..,..,.., w'~,,'" .111111. .,. Oþ .
»NI",IGS. ._1&. IV --If .. ..~,. ZJ""",.If,£ n..a ~ þw ~ "'" ørr .. ..,.. JÞtI8I'
.., ~
M.~.DC(;
uv J 00IQJ
RECt:JVED
FEB 27 200;
CITY OF NAPLES
bÀVeRdã~J<m No, 9C
May 11, 2004
Page 12 of 14
.
04/14/2004 08:07
2392131025
CITY a...ERK
PAGE 85
. .-...
MURRAY H. HENDEL
4301 Gulf Shore BouJevard. N., N6OO
Naples.. Florida 34103
(239) 262-0738
Bo...:
New Lcndon, Connecticut
Gndule:
Univwsity ofConneçtiçul- D.S- Dcp-ec
V.s. Air Force: 4 Yea"
Certlfted P8bIk AecOUlltaat
Positiou:
lrèmal Revenue Service - 1957-1962
Hart1brd, Connecticut
Internal Revenue ServM:e - 1962-1967
Wasbingroo. D.C.
Feid Leasing Co. - 1961-1974
Kansas C it)'. Missouri
Financial VICe Praidcnl
Geloo COI'þuIation - 1974--1987
Minneapolis, Minnesoca
Vice President-Operaticns; Senior Vice Presidei'll
CØAltiDl:
General Electric - 1988-1989-GO\ç¡..1~ Aftàirs
Nap1cs. FL
International Exccuti~ Service Corps. - 1993
Lanka Orix Leasing Canpany - MaJagement Development
Colombo, Sri LankA
I nacmatiOMI Executive Sorvic.e Corps. - 1997
I rku1skener¡o Utility - Pemion Ptan DtNeloprnmt
Mosœw. Russia
Awards:
N8lional Presidential Award - President JohDeon - 1964
Presidential Cilation - 1964
SecretafyofTlaSW')' Award- 1964
Superior Pe. ~ ...nc:e Award - 196 1
Special Service Award - 1964
Treasury Dep8nmenl Awards - 3
Co..nlDit)' A~üvitia: NapiOl
PtesidcnC - GuJfSbcn Association ofCODdominiwm
Presidcnl- Put PIaa Condominium
Vice Chairman - Bc.nI ofTrœtces - General Redremcnt SysICm
Member - Police oman Rcdranent Baud
M~ - firefiptcrs Pmsion Trust Fund
Agenda Item No. 9C
May 11 , 2004
Page 13 of 14
Naples @
Marco Island
~
Everglades
PARADOS. CDA~'
MEMORANDUM
TO:
Sue Filson, Executive Manager
Board of County Commissioners
FROM:
Maria E. Bernal, Tourist Tax Coordinator and
Coastal Advisory Committee Staff Liaison
DATE:
April 13, 2004
SUBJECT:
Coastal Advisory Committee Recommendation for
Membership Appointment
'The Coastal Advisory Committee has reviewed the application received by the prescribed
deadline for one vacancy effective May 22, 2004.
'The Committee recommends the following applicant for appointment for term expiring
May 22, 2004.
NAME
TYPE OF TERM FIELD OF EXPERTISE
APPOINTMENT
David A. RoeUil
Reappointment-
4
30 years experienœ with the Anny Corps of Engineers
which involved work in the geoted:mical and cœstaJ
engineering areas.
Please advise should you need additional information.
Convention .. Visiton Bureau
3050 N. Horseshoe Drive #2]8, Naples, FI 34104
T (239) 483-2384 . F (239) 403-2404
Web site www.classicOorida.c:om
Agenda Item No, 9C
May 11, 2004
Page 14 of 14
EXECUTIVE SUMMARY
.-
To approve Master Agreement # 03-3500 "Land Use and Permitting Acquisition
Software Application" with Hansen Information Technologies, Inc. in the amount
of $1 ,541 ,338.00.
OBJECTIVE: To have the Board of County Commissioners appro\e a Master Agreement with
Hansen Information Technologies, Inc. to replace the Community Development and
Environmental Services (CDES) Division's outdated business information system in order to
provide enhanced functionality and support for the County's land development review process.
CONSIDERATIONS: The Board approved the $2.3 Million funding of CDES business system
replacement within the FY03 budget. The Board subsequently approved the borrowing of the
approved funds on March 25, 2003. Following that approval, an RFP was issued on March 28,
2003. Notices were sent to 55 firms; 41 firms requested the full package and 4 firms responded
by the RFP due date of May 30, 2003. Following presentations by the two top ranked fmns,
Hansen Information Technologies, Inc. and Accella, Inc. on July 18, 2003, by consensus, the
Selection Committee chose Hansen Information Technologies, Inc. as the fmal fmn.
-
Subsequently, the Board approved a revised project budget of $3,652,700 on December 2,2003.
Contract negotiations for the software implementation portion of the project were successfully
concluded on April 27, 2004.
Because this new software has various modules that may be developed in the future that would
improve the business functions of other County departments, the contract was negotiated as a
"Master Agreement" in order to maximize the benefits to the County. This will allow non-CDES
departments to utilize this contract in the future, at their option and expense.
NOTE: The complete, negotiated Master Agreement, contains more than 700 pages.
Hence, the Agreement has not been included in the agenda back up. The Agreement has
been reviewed and approved for legal sufficiency by the County Attorney's Office and a
copy of the entire agreement is available for public review in the offices of the Purchasing
Department.
FISCAL IMPACT: This project was budgeted in FY04 with Building and Permitting
Department enterprise funds (Fund 113). This is a multi-year contract with Hansen Information
Technologies, Inc. for the software application implementation portion of the project. wlrich
includes software, professional services. and annual service and maintenance. in the amount of
$1,541,338.00. Non-Fund 113 user-departments will contribute to the annual maintenance and
support of the application.
Community Development and Environmental Services financial staff will bring an Executive
Summary and Resolution detailing and authorizing the financing aITangements of the project
before the Board at the May 25, 2004 meeting.
.-.
Agenda Item No.1 OA
May 11, 2004
Page 1 of 3
GROWTH MANAGEMENT IMPACT: The Hanson Information Technology software
system will enhance significantly staffs ability to manage and control all aspect of the land use
petition and building review and permitting process within Collier County.
RECOMMENDATION: That the Board approve the contract that was negotiated with Hansen
information Technologies, Inc., which would allow CDES to replace their current business
system with the Hansen Information Technologies, Inc. software application, and authorize the
Chairman to sign the County Attorney approved contract.
.-
Agenda Item No.1 OA
May 11 , 2004
Page 2 of 3
Item Numi:ler
Item Summary
Meeting Date
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10A
To approve Master Agreement # 03-3500 "Land Use and Permitting Acquisition
Software Application" with Hansen Information Technologies, Inc. in the amount
of $1 ,541 ,338.00. (Joseph K. Schmitt, Administrator, Community Development
and Environmental Services)
5/11/20049:00:00 AM
Prepared By
Bleu Wallace
Community Development &
Environmental Services
CDES Operations Director
Approved By
CDES Operations
Denton Baker
Community Development &
Environmental Services
Financial Admin & Housing Director
Date
Approved By
Financial Admin. & Housing
4129/2004 4:45 PM
Steve Carnell
Administrative Services
PurchasinglGeneral Svcs Director
Date
Approved By
Purchasing
4/29120043:41 PM
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
4/29/20048:14 AM
Approved By
Kelsey Ward
Administrative Services
Senior Purchasing and Contracts
Agent
Date
Approved By
Purchasing
4/3012004 3:58 PM
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
4/30/2004 2:05 PM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
5/3/2004 9:30 AM
Approved By
Michael Smykowski
County Manager's Office
Management & Budget Director
Date
Office of Management & Budget
5/4/2004 1 :05 PM
Approved By
James V, Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
5/4/2004 1 :21 PM
Agenda Item No 10A
May 11, 2004
Page 3 of 3
'---
EXECUTIVE SUMMARY
Approve a Resolution Authorizing the submission of a low-interest State Revolving
Fund (SRF) Loan Application to the Florida Department of Environmental
Protection (FDEP) for the construction of a Reclaimed Water Main and Force Main
and Pump Station Upgrade in the amount of $7,351,000; and to Adopt the document
called 'Collier County North County Wastewater Reclamation Facility (NCWRF)
Expansion Facilities Plan Update, May, 2004' to allow the County to avail itself of
low-interest SRF funds.
OBJECTIVE: Approve a Resolution Authorizing the submission of a low-interest SRF
loan Application to the FDEP for the construction of a Reclaimed Water Main and Force
Main and Pump Station Upgrade and to Adopt the document called 'Collier County
NCWRF Expansion Facilities Plan Update, May, 2004' to allow the County to avail itself
of low-interest SRF funds.
,-
CONSIDERATIONS: The 2002 Wastewater Master Plan was adopted by the Board of
County Commissioners on February 25, 2003, Item # 10 B. The Board of County
Commissioners adopted the FY 04 budget on September 18, 2003, and this budget
included the Capital projects identified in the Master Plan. The Impact Fee and Rate
Study Report adopted by the Board of County Commissioners on February 25, 2003
(Items 8A, 8B, 8C and 80) recommended raising debt capital as a means of funding a
portion of the capital projects recommended in the Master Plan.
Collier County is seeking a low-interest SRF loan from the FOEP in the amount of
$7,351,000. These funds will be used for construction funding for the Wastewater capital
project "Collier County NCWRF Expansion Facilities Plan Update, May 2004" which
includes the three phases namely Reclaimed Water Main, Force Main and Pump Station
Upgrades. The current SRF interest Rate is 2.71 %. Alternately, the conventional public-
issue is likely to be around 4.89% resulting in a savings of approximately $5,731,079 in
debt service over the life of the loan. Staff approved a purchase order of $32,000 to
Angie Brewer and Associates to help Collier County acquire a SRF loan from FOEP.
The Facilities Plan Update includes the following projects:
A Reclaimed Water Main is to be constructed along Goodlette Frank Road from NCWRF
to the intersection of Goodlette Frank Road and Vanderbilt Beach Road, Project 74077.
Construction costs is approximately $1.2 million.
A force main is to be constructed on Goodlette Frank Road from NCWRF to the
intersection of Goodlette Frank Road and Vanderbilt Beach Road and continuing on
Vanderbilt Beach Road from the intersection of Vanderbilt Beach Road and Goodlette
Frank Road to AiIport Pulling Road, Project 72002. Construction cost is approximately
$2.8 million.
,,-...
Agenda Item No.1 OB
May 11 , 2004
Page 1 of 46
.._--,---- ""'" "
Executive Summary
Approve Resolution
Page 2
Two Master Pump Stations on the influent side of the NCWRF will be upgraded, This
project 73945 is currently under biding process and the engineer's estimate is
approximately $1.5 million.
The total loan of approximately $7.35 million is inclusive of the construction costs in the
amount of $5,572,929 for all of the above projects, Construction Engineering Inspection
Services in the amount of $836,000, Loan Fees in the amount of 168,000, Capitalized
Interest in the amount of 140,000, Start-up expenses in the amount of $84,000, and
contingency costs in the amount of $550,000.
FISCAL IMPACT: The construction cost of these projects totals $5,572,929, Adding
allowances provided for in the SRF program, the anticipated loan value is $7,358,000.
Current SRF interest rate is 2,71 %, Annual payments are anticipated at $470,000.
These projects are included in the 2002 Water and Wastewater Master Plan Update
adopted by the Board on February 25, 2003 and is consistent with the current Fiscal Year
capital improvement budget approved by the Board of Collier County Commissioners on
September 18, 2003.
.-
GROWTH MANAGEMENT IMPACT: This project will have no impact on growth
management.
RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the
Governing Board of the Collier County Water-Sewer District approve the Resolution
authorizing the submission of the SRF Loan Application and adopt the document called
'Collier County NCWRF Expansion Facilities Plan Update, May, 2004' to allow the
County to avail itself of low-interest SRF funds.
.-'
Agenda Item No.1 OB
May 11 , 2004
Page 2 of 46
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
10B
Item Summary
This item to be heard at 1 :30 p.m. Approve a Resolution Authorizing the
submission of a low-interest State Revolving Fund (SRF) Loan Application to
the Florida Department of Environmental Protection (FDEP) for the construction
of Reclaimed Water Main and Force Main and Pump Station Upgrade in the
amount of $7,351,000; and to Adopt the document called 'Collier County North
County Wastewater Reclamation Facility (NCWRF) Expansion Facilities Plan
Update, May, 2004' to allow the County to avail itself of low-interest SRF funds
Meeting Date
5/11/2004 9:00:00 AM
Prepared By
Shanthi Sridhar
Project Manager
Public Utilities
Public Utilities Engineering
Approved By
Joseph B. Cheatham
Wastewater Director
Date
Public Utilities
WasteWater Treatment
4/26/2004 5:06 PM
Approved By
William D. Mullin. PE
Principal Project Manager
Date
Public Utilities
Public Utilities Engineering
4/27/200410:23 AM
Approved By
Thomas Wides
Operations Director
Date
Public Utilities
Public Utilities Operations
4/27/2004 9:25 AM
Approved By
William D. Mullin. PE
Principal Project Manager
Date
Public Utilities
Public Utilities Engineering
4/27/200410:23 AM
Approved By
James W. Delony
Public Utilities Administrator
Date
Public Utilities
Public Utilities Administration
4/29/200410:02 AM
Approved By
Pat Lehnhard
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
4129/2004 10:45 AM
Approved By
Susan Usher
Senior Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
4/301200410:23 AM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
5/4/2004 8:37 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
5/4/200412:02 PM
Agenda Item No.1 OB
May 11, 2004
Page 3 of 46
RESOLUTION NO. 2004--
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, ADOPTING THE COUNTY'S NORTH COUNTY WASTEWATER
RECLAMATION FACILITY EXPANSION PROJECT FACILITIES PLAN UPDATE,
DATED APRIL, 2004; AUTHORIZING THE PLAN TO BE SUBMITTED TO THE
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND TO DELEGATE
AUTHORITY TO AUTHORIZED REPRESENTATIVES
WHEREAS, Collier County has determined that the projects recommended in the
Collier County North County Wastewater Reclamation Facility (NCWRF) Expansion
Project Facilities Plan Update is in the best interest of the citizens; and
WHEREAS, staff has requested that the Board of Comer County Commissioners
approve the NCWRF Expansion Project Facilities Plan Update and Capital Financing Plan
after discussion at a public meeting in accordance with State Revolving Fund (SRF)
requirements; and
WHEREAS, The County is seeking funding from the Florida Department of
Environmental Protection (FDEP) under its SRF loan program to fund these
improvements to benefit Collier County's Water/Sewer customers.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE EX-DFRCIO THE
GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, that:
1. Collier County, a poIiticaJ subdivision of the State of Florida, hereby adopts the Collier
County NCWRF Expansion Project Facilities Plan Update, copy attached and
incorporated herein.
2. The Collier County Dedicated Revenue and Capital Financing Plan that has been
reviewed, and has been discussed at a public meeting of Collier County, is hereby
adopted.
3. The Board of County Commissioners hereby authorizes the submission of this plan to
the State of Ronda Department of Environmental Protection.
4. The Collier County Public Utilities Division Administrator is hereby authorized to carry
out the County's responsibilities under this Loan Program and to delegate authority and
responsibility to staff to carry out all activities to accomplish the goals of the Loan
Program.
5. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED this
in favor of adoption.
day of
, 2004 after majority vote
ATTEST:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA, AS
EX-OFFICIO THE GÒVERNING BOARD
OF THE COLLIER COUNTY WATER-
SEWER DISTRICT
DWIGHT E. BROCK, Clerk
BY
Deputy Clerk
BY
DONNA FIALA, Chairman
Approved as to form
and legal sufficiency:
~p~
Thomas C. Palmer,
Assistant County Attomey
Agenda Item No, 10B
May 11, 2004
Page 4 of 46
Collier County
NCWRF Expansion Pro.ect
Facilities Plan Update
April 2004
DRAFT
Agenda Item No. 10B
May 11, 2004
Page 5 of 46
.-----.
Collier County
NCWRF Expansion Project
Facilities Plan Update
May 2004
Collier County
County Manager
James Mudd
Public Utilities
Administrator
Fiscal Operations Director
Project Manager
Jim Delony
Tom Wides
Sandy Sridhar
Angie Brewer & Associates, L.C.
Consultant Angie R. Brewer
Client Manager Mark A. Brewer
Dir of Planning Ted R. Fylstra
Consultant
Hazen and Sawyer, P .C.
Kurt Pfeffer
Greeley and Hansen LLC
Agenda Item No.1 OB
May 11, 2004
Page 6 of 46
Table of Contents
Section 1 - Executive Summary
1.1 Description of Projects
1.1,1 Reclaimed Water Transmission System
1.1,2 Master Pump Station Upgrades
1.2 Planning Area
1.3 Need for Projects
1.4 Financing the Improvement Projects
4
4
4
4
4
4
7
Section 2 - Review of Alternatives
8
2.1 System Background
2.2 Project Alternatives
2.2.1 Transmission System
2.2.2 Master Pump Station Upgrades
2.3 Probable Cost
2.3.1 Transmission System
2.3,2 Pumping System Upgrades
8
12
12
13
15
15
15
3.1
3.2
Transmission System
Pump Station Improvements
16
16
16
Section 3 - Selected Alternatives
Section 4 - Environmental Effects
22
4.1 Environmental Effects:
4.1.1 Transmission System
4.1.2 Pumping System Upgrades
22
22
22
Section 5 - Public Participation Process
23
5.1
5.2
Public Meeting Minutes/Advertisement
Certification of Public Participation
23
Agenda Item No~~OB
May 11 , 2004
Page 7 of 46
Section 6 - Financial Feasibility
6.1
6.2
Dedicated Revenue
Capital Financing Plan
Section 7 - Project Schedule
7.1
Proposed Financial Schedule
Section 8 - Resolution
25
25
25
33
33
34
Attachment A - Backup Financial Information
Attachment B - Public Participation Documents
37
41
Agenda Item No. 108
May 11, 2004
Page 8 of 46
Section 1 - Executive Summary
1.1
Description of Projects
As the Expansion of the North County Water Reclamation Facility (NCWRF) continues, the
ancillary projects included in this Facilities Plan Update need to be constructed to take
advantage of the newly increased capacity.
1.1.1 Reclaimed Water Transmission System
The reclaimed water main is to be constructed along Goodlette Frank Road from the
NCWRF to the intersection of Goodlette Frank Road and Vanderbilt Road. The force main
is to be constructed from NCWRF to the intersection of Vanderbilt Beach Road and
Goodlette Frank Road and continuing on Vanderbilt Beach Road from the intersection of
Vanderbilt Beach Road and Goodlette Frank Road to Airport Pulling Road.
1.1.2 Master Pump Station Upgrades
Improvements to existing pump stations are required to keep pace with demand, The two
pump stations in this Facilities Plan update are the last and next to last in the influent
transmission system.
1.2
Planning Area
The planning area can be seen in Figure 1-1.
1.3
Need for Projects
As demand for adequate services increases within the County, there is a need to upgrade
collection and transmission systems. Please see Figure 1-2 for a projection of the County's
wastewater flows.
Agenda Item No.1 OB
May 11 , 2004
Page 9 of 46
4
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OC~~da Item No.10B
May 11.~'"
R 25 E
R 26 E
R 27 E
FIGURE 7-11
TOTAL COUNTY ESTIMATED WASTEWATER FLOW AND
PLANT CAPACITIES
80 I I I
EAST CENTRAL I
WRF
4.0 MGD ! 1_~027
I
70 --!- I MAXIMUM M~NTH FLOwl - r- r
20f5
200
2018
" 15
60 "
- I
c I TOTAL TREATMENT
C) CAPACITY
:E
-
;: 50
0 I
-J b 2006
IJ.. 205
J:
I- 40
z
0 11~.OMG I I
::E 16.0 MGD
::E
::J 30 -1 ri
::E
-
~
::E
20 .._u.-...
INCWRF I NCWRF NCWRF I
30.6 MGD 30.6 MGD 30.6 MGD I
I
10 --1-1 L, I 1- -r-r---¡-----r+~--
11 ---¡
'NCWRF
17.55 MGD
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2000 2005 2010 2015 2020 2025 2030 2035
COLLIER CO~~2JféÎSTIWcA TfôB
GREELEY AND HANSEN LLC YEAR MASTER PL M m o.
OCTOBER 2002 ay 11, 2004
Page-1-1-o t-4
1.4
Financing the Improvement Projects
Collier County is responsible for financing wastewater improvement projects and desires to
use SRF funding for these projects. Starting with the construction cost estimate of $5,572,929,
the anticipated loan amount is $7,351,000 which includes contingency, legal, technical,
financing and other costs.
Agenda Item No.1 OB
May 11 J 2004
Page 12 of 46
7
Section 2 - Review of Alternatives
2.1
System Background
The North County Water Reclamation Facility (NCWRF) treatment process produces and
distributes reclaimed water for the irrigation of go~f courses, residential developments,
combination golf course and residential developments and parks. Current alternative disposal
methods include percolation to on-site unlined reclaimed water ponds and off-site to the
concentrate injection wells at the North Regional Water Treatment Plant.
Collier County has established reuse of wastewater effluent as the primary means of effluent
disposal for the North and South County service areas. The County's reclaimed water system
has become an important source of non-potable water for meeting irrigation demand in the
water and sewer service areas.
,-
The use of reclaimed water for irrigation allows the County to reserve valuable potable water
resources for consumption needs. Peak customer demands for irrigation quality water
generally occur during the spring when irrigation requirements can outpace wastewater
generation rates.
Since greenspace irrigation generally precedes the sale and construction of new housing, a
gap between reclaimed water demand and wastewater generation to satisfy the demand may
last several years until the customer base can expand and "catch up". To bridge this gap and
offer a reliable irrigation service to County customers, a multifaceted irrigation quality supply
chain is planned which includes Aquifer Storage and Recovery (ASR) of reclaimed water and
supply from surface waters (Golden Gate Canal) to supplement the reclaimed water production
for the North and South County facilities.
This plan also includes the construction of a reclaimed water interconnect along Pine Ridge
Road and Livingston Road, Radio Road and Santa Barbara Boulevard to connect the north
service area and south service area reuse systems to balance supplies and demands.
In addition, a deep injection well system is proposed for construction under a separate .project
(or projects) for the NCWRF to replace the current alternative disposal methods for excess
reclaimed water disposal (in excess of ASR capacity) during low utilization periods (wet
Agenda Item No. 10B
May 11, 2004
Page 13 of 46
8
weather) and to provide a reject water disposal system to serve the expanded facility when
product quality does not meet FDEP reclaimed water standards.
Please see Figure 2-1 for a schematic of the existing Reuse System
Please see Table 2-1 for a listing existing and anticipated reuse customers,
Agenda Item No, 108
May 11, 2004
Page 14 of 46
9
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Sou«.' COlliER COUNTY
REC,^",EO WATER PROGRAM
ca.uER COUNTY GO't'ERMOIT
2002 WAS1EWA lER WAS1ER PLAN UPDA 1E
III
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FIGURE 4-3
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SCALE IN MILES
UŒJIl:
- - NOR'IH SERVICE IÆA IIOIJNOAR'I'
J;;;;;\ NORTH COUNTY WAlER
'C:I REa.AMA1'1OH F'AClUTY
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0. EXJSnNO 00lf' COURSE NOT
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(R) RESIDEHIW. USER
(0) GOI.F' COURSE
JIll
JiIIE~lMME
1.01 24 IIPfJIIAi. OOLF ESTATES (0)
1.02 . COUJER'S RtSER'tt: (0)
1.03 1 AUDUBON .J°)
1.04 43 PAUl Fa (0)
1.0& 'ÆT[RAHS PARK
1.08 AU1UUH WOODS (R)
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1,08 8A P£J.JCAH BAY (R) (0
1.08 ST. atOIX (R~
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1.11 ME. (R)
1.12 IIERMUOA GREENS ~Rl
1.13 ""58 P£J.JCAH MARSH (R G)
1.14 = ~)(G)
1.15 102
NOTE:
NUMBERING (7 OOLF COURSES PER TAIItL +-5
caRIIIILIlY AND HAN.IIN .."
0C1t&R 2002
May 11 , 2004
Page 15 of 46
Table 2-1
Existing and Anticipated Reclaimed Water Customers
Irrigable Customer Existing Anticipated
Area Allocation Customers Customers
larQe User (acres) (mQd) (mQd) (mgd)
Aston 15 - - -
St. Croix 15 - - -
Audubon 203 0.79 0.79 -
Autumn Woods 60 0.23 0.23 -
Bermuda Green 15 0.06 0.06 -
Calusa Bay 20 0.08 0.08 -
Charleston Square 15 0.06 0.06 -
Collier Reserve 70 0.27 0.27 -
Imperial 260 1.01 1.01 -
Palm River 75 0.29 0.29 -
Pelican Bay 674 2.61 2.61 -
Pelican Marsh GO 870 3.38 3.38 -
Pelican Marsh Bay Colony 130 0.50 0.50 -
Tract 21 95 - - -
Veteran Park 10 0.04 0.04 -
Vineyards Utility 778 3.02 3.02 -
Vineyard School Park 42 0.16 - 0.16
Quail Creek, Quail Village 240 0.93 - 0.93
Quail West 567 2.20 - 2.20
longshore lakes 230 0.89 - 0.89
Grey Oaks 400 1,55 - 1.55
Stonebridge 130 0.50 - 0.50
Barron Collier HS 30 0.12 - 0.12
Kensington 201 0.70 - 0.70
Wyndemere 150 0.58 - 0.58
Village Walk 95 0.37 - 0.37
Oivosta (Island Walk) 250 0.97 - 0.97
Strand/Regency Village, Carlton lakes 380 1.47 - 1.47
Parklands 215 0.83 - 0.83
Total: 6,235 23.60 12.33 11.27
Agenda Item No.1 OB
May 11, 2004
Page 16 of 46 11
2.2
Project Alternatives
>',:"
2.2.1 Transmission System
The current reclaimed water transmission system serves some thirteen customers primarily
in the vicinity of the NCWRF, To determine the performance of the current system under
stress, construction of the uncompleted pipeline segment along Vanderbilt Beach Road
between Airport-Pulling Road and Livingston Road is essential. Assuming completion of
this segment, the system was stressed under both Phase I (24.1 MGD) and Phase \I (30.6
MGD) demand conditions with severe negative pressures observed in the southern and
northeastern portions of the system. Proposed improvements are summarized in the
analyses, which follow.'
Alternative 1: No Improvements
The "No Improvements" option will not provide sufficient capacity to serve future
customer demands.
Alternative 2: Phased Expansion
Upon completion of the NCWRF Phase I Expansion, the County will have the
capability to deliver up to 24.1 MGD of reclaimed water to the existing and expanded
customer base under maximum month wastewater flow conditions, Based upon a
24.1 MGD continuous delivery rate (24 hours/day, 7 days/week), anticipated system
pressures are presented in Table 3. With no improvements to the system, pressures
in the southern portion of the service area (Grey Oaks) may drop to less than 5 psi.
To facilitate delivery of reclaimed water to the southern portion of the service area,
two projects are envisioned:
1. New 20-inch reclaimed water main along Goodlette Frank Blvd. (SR 851)
extending south from the NCWRF to Vanderbilt Road to supplement the
existing 20-inch main.
2. New 24-inch force main along Goodlette Frank Blvd. (SR 851) extending
south from the NCWRF to Vanderbilt Road and continuing along Vanderbilt
Road to Airport Pulling Road. Agenda Item No. 10B
May 11, 2004
Page 17 of 46 12
Upon completion, system pressures will improve from 5 psi to approximately 50 psi
at Grey Oaks, Based upon a minimum service pressure of 20 psi at the customer
connection, the proposed improvements will allow the County to operate the NCWRF
Reclaimed Water Pump Station at a reduced pressure set point of approximately 60
psi under these demand conditions.
2.2.2 Master Pump Station Upgrades
It is important that the County have reliable and flexible facilities to transport wastewater to
each of the wastewater reclamation facilities. Pumping stations are out in the
neighborhoods and are typically close to County customers. To maintain the invisibility of
the facilities, it is important for the County to upgrade systems to prevent overflows,
mitigate odors, and inhibit noise from the facilities.
The improvements recommended by Greeley and Hansen LLC in the 2002 Wastewater
Master Plan Update are presented in Table 2-2. The Master Pump Station Upgrades
included in this Facilities Plan update are for Pump Stations 1.03.00 and 1,07.00
Alternative 1: No Improvements
The "No Improvements" option will not provide sufficient capacity to serve future
customer demands.
Alternative 2: Phased improvements
The NCWRF service area typically generates high transmission main velocities and
requires high-head pumps for the smaller stations, A high-head hydraulic analysis
was performed assuming all pumps (except standby pumps) operating with a low
water level in the wet well. High-head model results were evaluated to determine if
pump stations could pump 60 percent of anticipated peak flows with all pumps
running. Stations not meeting these criteria need to be improved.
This project consists of upgrading the last and next to last Master Pump Stations in
the influent transmission system,
Agenda Item No, 10B
May 11 , 2004
Page 18 of 46 13
Table 2-2
Recommended Pump Station Improvements
North Service Area by 2007
Pump Current
Station Location Serves Current Pump Proposed Pump or
1.0, HP Capacity Improvement
Number IGPM\
1.03.00 Pioer Boulevard Palm River 40 1760 Uoarade DumDS to 88 HP
Quail Creek Master Quail Creek, Norhtbrooke Plaza Currently a duplex - improve
1.07.00 Station area and Quail West 7.5 1000 to triplex with new 1,000
GPM 25 HP motors.
..
1.0702 11698 Quail Village Way Quail Village 10 387 Upgrade pumps to 47 HP
1.08.00 Vineyards Boulevard The Vineyards in TAZ 59 20 200 Currently a triplex, Upgrade
pumos to 47HP
1.09.00 Pelican Bay WRF (US Pelican Bay WRF 77 954 Upgrade pumps to 88 HP
#1)
1.13.00 1390 Nottinaham Drive Victoria Park in TAZ 46 7.5 282 UDarade DumDS to 47 HP
1.30.00 Immokalee Road and Southwind Estates 5 Upgrade pumps to 10 HP
Veterans Park
~QO Euclid & Wickliffe Willouahbv Acres 9.4 150 UDarade oumos to 29 HP
1.3400 Pan-Am & Venetian Way Gulf Harbor 10 176 Upgrade pumps to 20 HP
"---' Yucca Court and Wiggins
1.36.00 Pass Road Wiggins Lake 20 563 Upgrade pumps to 20 HP
1.38.00 Corinthian Way across World Tennis Center 20 528 Upgrade Impeller to #452
from 3556
1.43.08 5385 Jaeaer Drive Pine Ridce Industrial Park 25 317 Uoarade Dumos to 20 HP
1.46.00 Timberwood Timberwood Subdivision 10 264 UDcade Dumps to 14.8 HP
1.48.00 Carillon Place East Pine Ridge and Airport 23 493 Upgade Impeller to #452
Entrance
Will get flow from:
Sterling Oaks S. of Guard Gadaletta(202), Arbor Lakes
1.49.00 House Club(437); Meadow Brook 10 211 Upgrade pumps to 47 HP
Estates(616) and Sterling
Oaks(170Q)
Agenda Item No.1 OB
May 11, 2004
Page 19 of 46
14
2.3
Probable Cost
Below are the probable costs,
2.3.1 Transmission System
The construction cost of the Reclaimed Water Main has been estimated at $1,185,502.
The construction cost of the Force Main has been estimated at $2,687,427.
2.3.2 Pumping System Upgrades
The construction cost of upgrading both pumping systems has been estimated at
approximately $1,700,000.
Agenda Item No.1 OB
May 11, 2004
Page 20 of 46 15
Section 3 - Selected Alternatives
The existing Wastewater Transmission System and Proposed Improvements can be seen in
Figures 3-1 and 3-2.
3.1
Transmission System
To facilitate delivery of reclaimed water to the southern portion of the service area, two projects
are envisioned:
1. New 20-inch reclaimed water main along Goodlette Frank Blvd, (SR 851) extending
south from the NCWRF to Vanderbilt Road to supplement the existing 20-inch main.
2. New 24-inch force main along Goodlette Frank Blvd. (SR 851) extending south from
the NCWRF to Vanderbilt Road and continuing along Vanderbilt Road to Airport
Pulling Road.
A detailed cost estimate for this project can be found in Table 3-1.
3.2
Pump Station Improvements
Improvements to existing pump stations are required to keep pace with demand. The two
pump stations being improved are the last and next to last in the influent transmission system.
Detailed cost estimates for upgrading these two Master Pump Stations can be found in Tables
3-2 and 3-3.
Agenda Item No.1 OB
May 11, 2004
Page 21 of 46 16
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COLUER COUNTY GO'lERNMENT
2002 WAS1EWATER MASTER PLAN UPDA1E
Table 3-1
Reclaimed Water Main and Force Main
Estimated Construction Cost.
Item Estimated
No. Item Description Quantity Unit Unit Cost Total Estimated Price
1 Mobilization 1 LS $ 82,200 $ 82,200
2 Maintenance of Traffic 1 LS $ 14,000 $ 14,000
3 24" C905 DR205 PVC 12,200 LF $ 50.63 $ 617,686
4 24" Plug Valves 23 EA $ 9,765 $ 224,595
5 Air Release Assemblies 21 EA $ 3,885 $ 81,585
6 Directional Drill 42" SRD13.5 HDPE 2,216 LF $ 310 $ 686,960
7 30" SDR13.5 HDPE (Carrier Pipe) 2,290 LF $ 134 $ 306,860
8 Jack & Bore 42" Casing 678 LF $ 444 $ 301,032
9 Open Cut 42" Casing 54 LF $ 342 $ 18,468
10 Connect to Existing Force Main
a 24" Tapping Sieve and Valve 1 EA $ 32,750 $ 32,750
b Cut-in Tee 1 EA $ 11,340 $ 11,340
11 Vertical Deftections 13 EA $ 13,944 $ 181,272
12 Sod 7,160 LF $ 6.75 $ 48,330
13 Concrete Golf Path 270 SF $ 15 $ 4,050
14 Pavement Repair 75 SY $ 100 $ 7,500
15 Silt Fence 16,380 LF $ 1.05 $ 17,199
16 Hay Bales 20 EA $ 80 $ 1,600
17. ~
1 Mobilization 1 LS $ 50,000 $ 50,000
2 Maintenance of Traffic 1 LS $ 14,000 $ 14,000
3 20"C905 DR25 PVC 4,600 LF $ 35.17 $ 161,782
4 20" Resilient Wedge Gate Valve 13 EA $ 7,560 $ 98,280
5 Air Release Assemblies 14 EA $ 3,520 $ 49,280
6 Directional Drill 36" SRD13.5 HDPE 1,707 LF $ 250 $ 426,750
7 24" SDR13.5 HDPE (Carrier Pipe) 1,747 LF $ 105 $ 183,435
8 Connect to Existinq Reclaimed Water Main 2 EA $ 14,175 $ 28,350
9 Jack & Bore 36" Casing 6 EA $ 10,800 $ 64,800
10 Vertical Deftections 110 LF $ 355 $ 39,050
11 Sod 4,720 LF $ 3.50 $ 16,520
12 Silt Fence 3,100 LF $ 1.05 $ 3,255
~ $ 50,000
tlíl¥lI&'ift¥~:t;'1~~~~ ~~t.
Total Project $ 3,872,929
Agenda Item No.1 OB
May 11, 2004
Page 24 of 46 19
Table 3-2
Master Pumping Station 1.03.00
Estimated Construction Cost
Item Amount Unit Unit Cost Total Cost
Pump Equipment per Phelps
quotation with installation
labor 1 LS $ 240,000 $ 240,000
Wet Well Rehab 1 LS $ 70,000 $ 70,000
B ass S stem 1 LS $ 90,000 $ 90,000
B ass 0 eration 60 Da s $ 1,200 $ 72,000
VFD 4 EA $ 70,000 $ 280,000
600 KW Diesel Genset 1 LS $ 125,000 $ 125,000
Electrical Service U rade 1 LS $ 150,000 $ 150,000
New Drivewa 93 SY $ 25 $ 2,325
Instrumentationllnte ration 1 LS $ 100,000 $ 100,000
Flow Meter 1 LS $ 20,000 $ 20,000
Sub-total $ 1,149,325
5% Cont. $ 57,466
Total rounded to nearest $10,000 $ 1,200,000
Agenda Item No.1 08
May 11, 2004
Page 25 of 46 20
Division
Table 3-3
Master Pumping Station 1.07.00
Estimated Construction Cost
Description
it"
Demolition (Site and Equipment)
Location and Site Survey prior to Construction
Restrain Misc. Pipe and Fiittings on Yard Piping
Restoration
Temporary Bypass Pumping
20x16 Tapping Sleeves and Valves
12x12 Tapping Sleeves and Valves
20x14 Line Stop
Operate Line Stop During Meter Piping Construction
Replace Existing Meter Piping with 16-inch Piping
Misc. 12-inch and 16-inch Fittings
12-inch Fig Dip Replacement
16-inch MJ Lined Valve w/2" Service Nut
(New
Repair Meter Vault
Repair Wall Opening for Odor Control
Core through Top Slab for Odor Control
~"':~JBI..II.1._'i1¡¡\iil.¡111¡&1ijl4;!\¡illillì¡I~1&ti¡¡;¡;æjtr
Painting Interior Piping and Wet Well Piping
lET Coating of Wet Well
lET of Meter Vault
and Accessories
Submersible Sewage Pump Base Elbow and Guide Rails
Mixer for Wet Well
/ Floats for Meter Vault
16-inch Check Valve
16-inch Fig. Epoxy Lined Plug Valve w/Gear Operator
16-inch Flanged Ductile Iron Pipe (Discharge)
16-inch Fittings
10-inch Flanged Ductile Iron Pipe (Discharge)
10-inch Fittings
16-Couplings and Tie-Rods
16-inch Pipe Supports
10-inch SW PVC Pipe for Odor Control
20-inch FLG X PE Ductile Iron
"
Quantity Unit Unit Price Total (To next
$100
1 LS 10,000
1 LS $ 5,000
1 LS $ 5,000
2000 SF $ 1 $ 2,000
1 LS $ 100,000
2 EA $ 8,850 $ 17,700
1 EA $ 8,000 $ 8,000
1 EA $ 14,400 $ 14,400
10 DAYS $ 1,100 $ 11,000
47 LF $ 88 $ 4,200
1735 LB $ 5 $ 8,700
6 LF $ 66 $ 400
1 EA 11
3
3
4143
5985
1539
5940
3
3
6
732
19,900
15,000
20,800
30,000
7,700
29,700
2.500
800
200
1
1
1
1
1
1
1
$
$
$
$
$
$
$
$
18,000
10,000
5,000
8,000
1,500
5,000
20,000
500,000
LS
LS
LS
LS
LS
LS
Agenda Item No.1 OB
May 11, 2004
Page 26 of 46 21
Section 4 - Environmental Effects
--
4.1
Environmental Effects:
4.1.1 Transmission System
The transmission system will be built while Goodlette Frank Road is being reconstructed.
Temporary adverse impacts during construction will include increased noise levels, minor
disruptions in traffic and an increase in the amount of airborne particulates. Control
measures will be implemented to minimize these temporary impacts.
Other than the temporary impacts indicated above, there are no known negative
environmental impacts associated with this project.
4.1.2 Pumping System Upgrades
There are no known negative environmental impacts from the planned upgrades.
Agenda Item No. 10B
May 11, 2004
Page 27 of 46 22
Section 5 - Public Participation Process
5.1
Public Meeting Minutes/Advertisement
Public Meeting Minutes will be provided after the Public Meeting.
The Public Meeting Minutes or excerpts thereof will be included in Appendix B of the final
Facilities Plan Update.
5.2
Certification of Public Participation
The signed Certification of Public Participation will be provided after the Public Meeting,
The signed Certification of Public Participation will be included in Appendix B of the final
Facilities Plan Update.
Agenda Item No, 10B
May 11 t 2004
Page 28 of 46 23
,-
CERTIFICATION OF PUBLIC PARTICIPATION
(N/A for 319 or 320 funded projects)
Project Sponsor: Collier County
SRF Project Number:
Project Description: Wastewater System Improvements
I do hereby certify to the following:
The County Commission of Collier County held a public meeting on (date) to provide the
public with an opportunity to participate in the planning of the subject project. The meeting was
advertised in accordance with local requirements for public notification.
The following items were addressed during the public meeting:
. Project Descriptions
. Project Costs and the Impact on User Charges
. Evaluation of Project Alternatives
The proposed projects will have the following impact on user charges: There is no direct impact
anticipated by these individual projects.
Certification Completed By:
Signature
Printed Name
Title
Date
Note: An authorized representative ofthe project sponsor or the consulting engineers may complete this
certification.
Revised: 4/25/01
Agenda Item No.1 OB
May 11 , 2004
Page 29 of 46 24
Section 6 - Financial Feasibility
6.1
Dedicated Revenue
The Dedicated Revenue has been defined as Net Operating Revenues and Wastewater
System Development fees of the Collier County Water-Sewer District's Water and Sewer Utility
systems after payment of debt service.
6.2
Capital Financing Plan
Based on a rounded total construction cost estimate of $5,573,000, and the below SRF
allowances, the total anticipated SRF amortization amount is $7,351,000.
1,185,500 2,687,500 1,700,000 5,573,000
118,486 268,605 169,908 557,000
183,792 416,652 263,556 864,000
17,869 40,508 25,624 84,000
29,143 66,066 41 ,791 137,000
28,930 65,584 41,486 136,000
1 563 720 3544915 2 242 365 7 351 000
The Capital Financing Plan is presented on the following pages. Supporting documentation,
including a proposed amortization schedule can be found in Appendix A,
Agenda Item No, 10B
May 11, 2004
Page 30 of 46 25
CAPITAL FINANCING PLAN
,-
Collier County
(Project Sponsor)
James W. DeLoney, P.E., Public Utilities Division
Administrator
(Authorized Representative and Title)
Naples, Florida, 34112
(City, State, and Zip Code)
Mark A. Brewer
(Capital Financing Plan Contact, Title and Telephone Number)
9104 58th Drive East
(Mailing Address)
Bradenton, Florida 34202
(City, State, and Zip Code)
The Department needs to know about the financial capabilities of potential State Revolving Fund (SRF) loan
applicants. Therefore, a financial capability demonstration (and certification) is required well before the
evaluation of the actual loan application.
The sources of revenues being dedicated to repayment of the SRF loan are
Net operating revenues and
Wastewater System Development
fees of the Collier County Water-
Sewer District's water and sewer
Utility systems after payment of
debt service.
(Note: Projects pledging utility operating revenues should attach a copy of the existing/proposed
rate ordinance)
Estimate of Proposed SRF Loan Debt Service
Capital Cost*
Loan Repayment Reserve (3% of capital cost)
Loan Service Fee (2% of capital cost)
Subtotal
Capitalized Interest**
Total Cost to be Amortized
Interest Rate
Annual Debt Service***
Annual Debt Service Including Coverage Factor****
7,078,000
137,000
7,215,000
136,000
7,351,000
2.71
469,682
587,102
* Capital Cost = Allowances + Construction Cost (including a 10% contingency) + Technical Services after Bid
Opening.
** Estimated Capitalized Interest = Subtotal times Interest Rate times construction time in years divided by two.
***Use 40 Semi-annual payments and interest rate/2
**** Coverage Factor is generally 15%. However, it may be higher if other than utility operating revenues are
pledged. Factor of 25% assumed. Agenda Item No.1 08
May 11, 2004
Page 31 of 46 26
-
SCHEDULE OF PRIOR AND PARITY LIENS
List annual debt service beginning two years before the anticipated loan agreement date and continuing at least fifteen fiscal years Use additional pages as necessary.
IDENTIFY EACH OBLIGATION
#1 Water & Sewer Revenue Bonds 1992 #2 Water & Sewer Taxable Refunding Revenue #3 Waler & Sewer Taxable Refunding Revenue
Bonds - Senes 2003N1994A Bonds - Senes 2003B1994B
Coverage% 125% Coverage% 125% Coverage% 125%
Insured Yes Insured Yes Insured Yes
#4 Water & Sewer Taxable Refunding Revenue #5 Water & Sewer Taxable Refunding Revenue #6 SRF Loan CS120597070
Bonds - Senes 1999A Bonds - Series 1999B
Coverage% 125% Coverage% 125% Coverage% 125%
Insured Yes Insured Yes Insured Yes
ANNUAL DEBT SERVICE {PRINCIPAL PLUS INTERESTI
FISC"". TOTAL NON SRF DEBT TOTALSRFDEBT
YEAR SERVICE W/COVERAGE SERVICE W /COVERAGE
#1 #2 #3 #4 #5 #6
2001 $911,335 $2.473.465 $2,640,615 $333,020 $1,966.404 $1,060,598 $ -
2002 $909,880 $2.470,585 $2,642,475 $335,220 $1,967,004 $1,060,598 $ -
2003 $2,470.490 $2,647,375 $1,247,160 $1,966,004 $1,060,598 $ -
2004 $2,822.281 $1,646,138 $1,246,160 $1,973,404 $1,060,598 $ -
2005 $2,824,819 $1,683.550 $822,347 $1,968,804 $1,060,598 $ -
2006 $2,819,019 $1,683,550 $817,648 $1,967,604 $1,060,598 $ -
2007 $2,820,856 $1,683,550 $826,518 $1,964,604 $1,060,598 $ -
2008 $2,821,425 $1,683,550 $818,318 $1,974,804 $1,060,598 $ -
2009 $764,975 $3.733,550 $819,318 $1,971,079 $1,060,598 $ -
2010 $4,501,050 $818,363 $1,969,879 $1,060,598 $ -
2011 $4,835,050 $1,970,979 $1,060,598 $ -
2012 $4,835,050 $1,974,154 $1,060,598 $ -
2013 $4,836,550 $1,979,179 $ -
2014 $4,837,175 $1,977,569 $ -
2015 $4,837,125 $1,967,319 $ -
2016 $2,630,875 $1,971,094 $ -
2017 $1,799,000 $ -
2018 $1,798,500 $ -
2019 $1,799,500 $ -
2020 $1,796,750 $ -
2021 $1,790,250 $ -
2022 $ -
2023 $ -
2024 $ -
2025 $ -
2026 $ -
2027 $ -
2028 $ -
2029 $ -
2030 $ -
Agenda Item No.1 OB
May 11 , 2004
Page 32 of 46
27
SCHEDULE OF PRIOR AND PARITY UENS - Cont'd.
Ust éIY1UêII deI:t service beginning two years before the antiapated loan agræment date am cootinling at least fifteen fiscal years. Use ad:Jitiooal pages as neœssa-y.
IDENTlFY EACH OBUGAllON
tf7 SRF LœnCS120597ŒJO #8 SRF Loan CS1205971 00 #9 SRF Loan CS12059715P
QJvernge% 125"/0 Covaraçe% 125% QJvernge% 125"/0
Inslled Yes Insured Yes Insured Yes
#10 SRF Loan WWG120597151 01 #11 SRF Loan WWG 1 2059 7LO2 #12 SRF Loan WWG 12O597LOJ
QJvernge % 25% Coverage % 125 Coverage %125
Instred Yes Insured Yes Insured Yes
ANNUAL. DEBT SERVICE /PRlNClPAL PLUS INTEREST)
FI SCAL 1UIAL NON SRF DEBT "JUT AI. SRF DEBT
\FAR SERVlŒW/ SElMŒW/ŒJVERAGE
#1 #S #9 #10 #11 #12
2001 $886,480 $754,400
2002 $886,480 $1,508,800
2003 $886,480 $1,508,800
2004 $886,480 $1,508,800 $210,776
2005 $886,480 $1,508,800 $421.552 $510.386
2006 $886,480 $1,508,800 $421.552 $510,386 $1,021,509 $629,288
2007 $886 , 480 $1,508.800 $421,552 $510,386 $2,043.018 $1,258,576
2008 $886,480 $1,508.800 $421,552 $510,386 $2,043,018 $1,258,576
- 2009 $886,480 $1,508,800 $421,552 $510,386 $2,043,018 $1,258,576
_'010 $886,480 $1,508,800 $421,552 $510.386 $2,043,018 $1,258,576
2011 $886,480 $1,508,800 $421,552 $510,386 $2,043.018 $1,258,576
2012 $886,480 $1,508,800 $421,552 $510,386 $2,043,018 $1,258,576
2013 $886,480 $1,508.800 $421,552 $510,386 $2,043,018 $1,258,576
2014 $886,480 $1,508,800 $421,552 $510,386 $2,043,018 $1,258,576
2015 $886,480 $1,508,800 $421,552 $510,386 $2,043,018 $1,258,576
2016 $886,480 $1,508,800 $421,552 $510,386 $2,043,018 $1.258,576
2017 $886,480 $1,508,800 $421,552 $510,386 $2,043,018 $1.258,576
2018 $886,480 $1,508,800 $421,552 $510,386 $2,043.018 $1,258,576
2019 $1,508,800 $421,552 $510,386 $2,043,018 $1,258,576
2020 $1,508,800 $421,552 $510,386 $2.043,018 $1,258,576
2021 $754,400 $421,552 $510,386 $2,043,018 $1,258,576
2022 $421,552 $510,386 $2.043,018 $1,258,576
2023 $421,552 $510,386 $2.043.018 $1,258,576
2024 $210,776 $510,386 $2.043,018 $1,258,576
2025 $2,043,018 $1,258,576
2026 $1,021,509 $629,288
2027
2028
2029
2030
-~
Agenda Item No.1 08
May 11 , 2004
Page 33 of 46
28
SCHEDULE OF PRIOR AND PARITY LIENS - Cont'd.
List annual debt service beginning two years before the anticipated loan agreement date and continuing at least fifteen fiscal years. Use additional pages as necessary.
IDENTIFY EACH OBLIGATION
#13 SRF Pre-Construction Loan WW5971P
Coverage% 120%
Insured Yes
ANNUAL DEBT SERVICE (PRINCIPAL PLUS INTEREST)
F"C\L mm"~~m om
YL\R SERVICE "'/COVERAGE SERVICE W/COVERAGE
#13
-
2001 $ 10,406,049 $ 3,376,848
2002 $ 10,406,455 $ 4,319,848
2003 $ 10,413,786 $ 4,319,848
201)~ $ 9,609,978 $ 4,583,318
--
2005 $ 9,124,400 $ 5,484,770
200e $ 9,109,776 $ 7.548,266
2007 $ 9,119,410 $ 9.611,763
2008 $468,922 $ 9,122,621 $ 10,174,469
2009 $468,922 $ 9,111,153 $ 10,174,469
2010 $468,922 $ 9,111,615 $ 10,174,469
2011 $468,922 $ 8,507,536 $ 10,174,469
2012 $468.922 $ 8,511.505 $ 10.174.469
2013 $468.922 $ 8,519.661 $ 8,848,721
2014 $468.922 $ 8,518,430 $ 8,848.721
2015 $468.922 $ 8,505.555 $ 8,848.721
2016 $468.922 $ 5,752.461 $ 8.848,721
2017 $468.922 $ 2,248.750 $ 8.848.721
2018 $468,922 $ 2,248.125 $ 8.848.721
2019 $468,922 $ 2,249.375 $ 7.740,621
2020 $468,922 $ 2,245,938 $ 7,740,621
2021 $468,922 $ 2,237,813 $ 6.797.621
2022 $468,922 $ - $ 5.854,621
2023 $468.922 $ - $ 5.854,621
2024 $468,922 $ - $ 5,591,151
2025 $468.922 $ - $ 4,689,699
2026 $468,922 $ - $ 2,626,203
2027 $468,922 $ - $ 562,706
2028 $468,922 $ - $ 562,706
2029 $ - $ -
2030 $ - $ -
..........-....-..-..................
Agenda Item No, 10B
May 11, 2004
Page 34 of 46
29
(a.)
(b.)
(c.)
(d.)
(c.)
ACTUAL REVENUE AND DEBT SERVICE SCHEDULE
(Provide information for the two fiscal years preceeding the anticipated date of the SRF Loan Agreement)
FY01 FY02
Water & Sewer Operating Revenue $ 45,934,247 $ 50,143,593
System Development Fees $ 16,696.265 $ 21,751,151
Interest Income $ 10,081,739 $ 7,100,665
Other-Special assesment proceeds $ 1.636,834 $ 1,538,508
Total Revenues $ 74,349,085 $ 80,533,917
Operating Expenses (excluding interest
on debt, depreciation, and other non- $ 27,169.248 $ 31,529,529
cash items)
Net Revenues (g = e - f) $ 47,179,837 $ 49,004,388
Debt Service excluding SRF Loans $ 10,406,049 $ 10,406,455
(including required coverage)
Revenue (including coverage) pledged $ 3,376.848 $ 4.319.848
to outstanding SRF loans
Total Existing Debt Service $ 13.782.896 $ 14,726,303
Projected SRF Loan Payment $ - $ -
Projected Debt Service on Future $ $
Projects - -
Total Debt Service (Existing and $ 13.782.896 $ 14.726.303
Projected)
Net Revenues After Debt Service $ 33.396.941 $ 34.278.086
Source: Financial Statements-Collier County FY 01, FY 02
Notes: (i.e. Rate Increases, Explanations. etc.)
(f.)
(g.)
(h.)
(I)
U)
(k)
(I)
(m)
(n)
Agenda Item No.1 OB
May 11, 2004
Page 35 of 46 30
PROJECTED REVENUE AND DEBT SERVICE SCHEDULE
(a.)
(b.)
(c.)
(d.)
(e.)
(Must include at least two years of projected SRF Loan Reoavment)
FY04 FY05 FY06 FY07 FY08
Water & Sewer Operating Revenue $ 50,800,630 $ 52,324,649 $ 53,894,388 $ 55,511,220 $ 57,176,557
System Development Fees $ 20,238,470 $ 20,845,624 $ 21,470,993 $ 22,115,123 $ 22,778,576
Interest Income (flat) $ 10,000,000 $ 10,000,000 $ 10,000,000 $ 10,000,000 $ 10,000,000
Other-Special assesment proceeds $ 1.149.789 $ 1.184.283 $ 1.219.811 $ 1.256.405 $ 1.294.098
Total Revenues $ 82.188,889 $ 84,354,556 $ 86,585,192 $ 88,882,748 $ 91,249,231
Operating Expenses (excluding
interest on debt, depreciation, and $ 38.446.466 $ 39,599,860 $ 40.787,856 $ 42,011.491 $ 43,271,836
other non-cash items)
Net Revenues (g = e - t) $ 43,742,423 $ 44,754,696 $ 45,797,337 $ 46,871,257 $ 47,977,394
Revenue (including coverage) pledged $ 9,609,978 $ 9,124,400 $ 9,109,776 $ 9,119,410 $ 9,122,621
to debt service, excluding SRF loans
Revenue (including coverage) pledged $ 4,583.318 $ 5.484.770 $ 7.548.266 $ 9.611.763 $ 10.174.469
to outstanding SRF loans
Total Existing Debt Service $ 14,193,295 $ 14,609.170 $ 16.658.042 $ 18,731,173 $ 19,297,090
Projected SRF Loan Debt Service $ - $ - $ 293.551 $ 587.102 $ 587.102
(including coverage)
Projected Debt Service on Non-SRF $ 4,900,000 $ 4.900.000 $ 4,900,000 $ 4,900.000 $ 4,900,000
Future Projects (including coverage)
Total Debt Service (Existing and $ 19.093,295 $ 19.509.170 $ 21,851.593 $ 24.218,275 $ 24,784.192
Projected)
Net Revenues After All Debt $ 24,649,128 $ 25.245.526 $ 23,945.743 $ 22.652.982 $ 23.193.202
Source:
FY04 thru 07 Projected 3%/yr annual growth from FY 03. Interest income projected from 2001 actuals.
Notes: (i.e. Rate Increases, Explanations, etc.)
I. Reflects 'worst case' CP Loan payment per May 17, 2002 memo to Don Berryhill from Steven Miller.
Assumes no coverage requirement.
(f.)
(g.)
(h.)
(i.)
(j.)
(k.)
(I.)
(m.)
(n.)
Agenda Item No.1 08
May 11, 2004
Page 36 of 46 31
CERTIFICA TION
I, Jim Mitchell, Director of Operations and Finance for Collier County Utilities, certify that I
have reviewed the information included in the preceding capital financing plan worksheets, and to the
best of my knowledge, this information accurately reflects the financial capability of Collier County.
I further eertify that Collier County has the financial capability to ensure adequate construction,
operation, and maintenance of the system, including this SRF project.
Signature
Date
-
Agenda Item No.1 OB
May 11, 2004 32
Page 37 of 46
Section 7 - Project Schedule
The following financial and construction project schedules are an
approximation of the major steps to be completed. Some of the steps run
concurrently and will be further developed as the biddable plans and
specifications for each project are completed.
7.1
Proposed Financial Schedule
May 2004
May 2004
Jun 2004
Jun 2004
Jul2004
Jul2004
Jul2004
Sap 2004
Jun 2006
Hold public meeting on the Facilities Plan and
Capital Financing Plan.
Submit Facilities Plan to FDEP and other agencies
for review.
Publication of the Department's environmental
information document in the Florida Administrative
Weekly.
Submit request for inclusion of the projects to the
FDEP's priority list.
End of 3D-day comment period for the
environmental information document and approval
of planning documents,
FDEP to issue authorization to incur costs
FDEP hearing to add the project to the Fundable
portion of the SRF priority list.
Sign SRF loan agreement.
Begin SRF loan repayments,
Agenda Item No.1 DB
M~y 1J, 2004
Page-'.j8 of 46
Section 8 - Resolution
Agenda Item No.1 08
May ~ 2004
Page-"'~ of 46
DRAFT
RESOLUTION NO. 2004-
RE:
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
ADOPTING THE COUNTY'S NCWRF EXPANSION PROJECT
FACILITIES PLAN UPDATE, DATED MAY, 2004;
AUTHORIZING THE PLAN TO BE SUBMITTED TO THE
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
(FDEP); AUTHORIZING THE SUBMISSION OF A LOAN
APPLICATION TO THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION; DESIGNATING
AUTHORIZED REPRESENTATIVES.
WHEREAS, Collier County has detennined that the projects
recommended in the Collier County NCWRF Expansion Project Facilities Plan
Update is in the best interest of the citizens; and
WHEREAS, staff has requested that the Board of Collier County
Commissioners approve the NCWRF Expansion Project Facilities Plan Update
and Capital Financing Plan after discussion at a public meeting in accordance
with State Revolving Fund (SRF) requirements; and
WHEREAS, The County is seeking funding from the FDEP under its
SRF loan program to fund these improvements to benefit the Collier County
Water/Sewer customers; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS
THE EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT THAT:
1, Collier County hereby adopts the Collier County NCWRF Expansion Project
Facilities Plan Update, copy attached hereto and incorporated herein.
2, The Collier County Dedicated Revenue and Capital Financing Plan has been
reviewed, and discussed in a public meeting of Collier County, is hereby adopted.
3. The Board of County Commissioners hereby authorizes the submission of this
plan to the State of Florida Department of Environmental Protection.
4. The Board of County Commissioners hereby authorizes the submission of a
loan application to the State of Florida Department of Environmèntal Protection.
Agenda Item No.1 OB
M::IY Jj ,2004
Pag~~O of 46
5, The Collier County Public Utilities Division Administrator is hereby authorized
to carry out the County's responsibilities under this Loan Program and to delegate
authority and responsibility to staff to carry out all activities to accomplish the
goals of the Loan Program,
6. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED this
vote in favor of adoption.
day of
, 2004 after majority
ATTEST:
COMMISSIONERS
BOARD OF COUNTY
DWIGHT E. BROCK, Clerk
COLLIER COUNTY, FLORIDA, AS
EX-OFFICIO THE GOVERNING BOARD
OF THE COLLIER COUNTY WATER
SEWER DISTRICT
BY
Deputy Clerk
BY
James D. Carter, Ph.D.
Chainnan
Approved as to [onn and legal sufficiency:
David C. Weigel, County Attorney and District Attorney
Agenda Item No.1 OB
May ij ,2004
Page-'~1 of 46
Attachment A - Backup Financiallnfol111ation
Agenda Item No.1 OB
M~y ~j. 2004
PageJ42 of 46
COLLIER COUNTY, FLORIDA
WATER AND SEWER DISTRICTS
Senior Obligation Bond Coverage
'~,
September 30, 2001
A computation of debt CQVCfdgC for the Districts' subordinated debt for fiscal year 2001 is as
follows:,.
Op<:rating revenue
~terest income
Gross revenue
Op<:rating expenses before depreciation and amortization
Net revenue
System development fees
Special assessment proceeds (including interest) (1)
Total amount available for debt service
Subordinated debt ~rvice requirement (2)
Total debt service requirement (3)
Bond coverage computation (4)
Bond coverage computation (5)
County
\-Vater :and -'
Sewer
s
45,934,247
10,081,739
56,015,986
27,169.248
28,846,738
16,696,265
1,636,834
47,179,837
3,208,190
s
s
s
12,185,089
1,471%
387%
(1) Proceeds from special assessments levied upon the properties benefited by the projects funded by the
subordinated debt.
(2) Amount of principal and interest due in the cunent flSC31 year for subordinated debt.
(3) Amount of principal and interest due in the cunent fisc.al year for both the semor and subordinated debt.
(4) Total amount available for debt service, divided by the annual debt p3)'1DCnt, must be greater than 125
pcICa1t pursuant to the requirements of the Wastewater Treatment and Stormwater Management
Revolving Loan Fund Agreement
(5) Total amount available for debt service. divided by all additional debt service fC(¡uirementt. must be
greater than liS paccnt. This includes the revenue bond requirements for both the senior and subordinatcð
County Water and &wer debt pursuant to the rcquirc:mcnts of the Wastewater Treatment and Stormwater
Management Revolving Loan Fund Agreement
,-
31
Agenda Item No.1 OB
May 11, 2004
Page 43 of 46
COLLIER COUNTY, FLORIDA
WATER AND SEWER DISTRICTS.
Subordinated Debt Bond Coverage
September 30, 2002
A computation of debt coverage for the Districts'subordinated debt for fiscal year 2002 is as follows:
County
Water and
Sewer
Operating revenue
$ 50.143.593
Interest income (excluding s~ial a~sment interest)
7,100,665
57.244.258
Gross revenue
Operating expenses before depredation and amortization
31,529.529
25.714.n9
Net revenue
System development fees
21,751.151
Special 3.SSCSSment proceeds (including interest) (1)
Total amount available for debt service
1,538.508
$ 49.004.388
Subordinated debt service requirement (2)
S 3,414.068
S 11.745.097
Total debt service requirement (3)
Bond Coverage computation (4)
Bond coverage computation (5)
1.435%
417% .
(I) Proceeds from special assessments levied upon the properties benefited by the projects funded by the
subordinated debt.
(2) Amount of principal and interest due in the current fiscal year for subordinated debt
(3) Amount of principal and interest duc in the current fiscal year for both the senior a.n<f$ubordinated
dcbt-
(4) Total amount available for debt savice. divided by the annual debt payment. must be greata' that
125% pursuant to the requirements of the Wastewater Treatment and Stormwatct Management
Revolving Loan Fund Agreement.
(5) Total.amount available for debt service, divided by all additional debt service requirements. must be
grC<lter than 115%, This includes the revenue bond requirements for both the senior and subordinated
County Water and ßewer debt pursuant to the requirements of the Wastewater TrC<ltrncnt and
Stormwatcr Management Revolving Loon Fund Agrc:crncnt.
34
Agenda Item No.1 08
May 11 , 2004
Page 44 of 46
.Jtnßíe r.Brewer & .Jtssocíates, L. C.
Estimated SRF Amortization Schedule
~iG<$er & A.~
~C. ~AJBAS~~ ~.
CapiJJ¡ ¡mpr".',mroJ F¡",,-noll Sptri4li.<I>
u_~ n--
----------~----------------
-------
---~---
Enter Values
-------L-oan-Amounl $-----7.2~~~~0
Annual Interest Rate 2.71 %
Loan Period in Years 20
Number of Payments Per Yea 2
Start Date of Loan 6/112006
Optional Ex1ra Payments
[,~
-- ---.!-oan Summary
Scheduled Payment $ 234,840.87
eduled Number of Payments 40
Actual Number of Payments 40
Total Early Payments $ 136,000.00
Total Interest $ 2,084,755.16
Pmt
No.
lender Name: FDEP
Payment
Date
-- -- --~-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
12/1/2006 $
6/1/2007
12/112007
6/112008
1211/2008
61112009
12/1/2009
6/1/2010
12/1/2010
611/2011
1211:2011
611/2012
12/1/2012
6/112013
12/112013
61112014
12/1/2014
6/112015
12/1/2015
6/1/2016
12/112016
61112017
12/112017
6/112018
12/112018
61112019
12/112019
61112020
12/112020
61112021
12/112021
611/2022
12/112022
61112023
12/112023
61112024
12/112024
61112025
12/112025
61112026
Annualized Payment $
Annualized Payment induding coile rage $
--~
Beginning
Balance
Scheduled
Payment
Extra
Payment
Total
Payment
Principal
7,215,000.00 ~ 234,840.87 $ 136,000.00 $ 370,84Ó~$ 273.077.62 $
6,941,922.38 234,840.87 234,840.87 140,777,83
6,801,144.55 234,840.87 234,840.87 142,685,37
6,658,459.19 234,840.87 234,840.87 144.618.75
6,513,840.43 234,840.87 234.840.87 146,578.34
6,367,262.10 234,840.87 234,840.87 148.564.47
6,218,697.62 234,840.87 234,840.87 150,577.52
6,068,120.10 234,840.87 234,840.87 152,617.85
5,915,502.25 234,840.87 234,840.87 154,685.82
5,760,816.43 234,840.87 234,840.87 156.781.81
5.604,034.62 234,840.87 234,840.87 158,906.21
5,445,128.42 234,840.87 234,840.87 161,059.38
5,284,069.03 234,840.87 234,840.87 163,241.74
5,120,827.29 234,840.87 234,840.87 165,453.66
4,955,373.63 234,840.87 234.840.87 167,695.56
4,787,678.07 234,840.87 234,840.87 169.967.84
4,617.710.23 234,840,87 234,840.87 172,270.90
4,445,439.33 234,840.87 234,840.87 174,605.17
4,270,834.16 234,840.87 234,840.87 176,971.07
4,093,863.09 234,840.87 234.840.87 179,369.03
3,914,494.06 234,840.87 234,840.87 181,799.48
3,732,694.58 234,840.87 234,840.87 184,262.86
3,548,431.71 234,840.87 234,840.87 186,759,62
3,361,672.09 234,840.87 234,840.87 189,290.22
3,172,381.87 234,840.87 234,840.87 191,855.10
2,980,526.77 234,840.87 234,840.87 194.454.74
2,786,072.03 234,840.87 234,840.87 197.089.60
2,588,982.43 234,840.87 234,840.87 199,760.16
2,389,222.27 234,840.87 234,840.87 202,466.91
2,186,755.36 234,840.87 234,840.87 205,210.34
1,981,545.02 234,840.87 234,840.87 207,990.94
1,773,554.08 234,840.87 234,840.87 210,809.22
1,562,744.86 234,840.87 234,840.87 213,665.68
1,349,079.18 234,840.87 234,840.87 216.560.85
1,132,518.33 234,840.87 234,840.87 219,495.25
913,023,08 234,840,87 234,840.87 222,469.41
690,553.67 234,840.87 234,840.87 225,483.87
465.069,79 234,840,87 234,840,87 228,539.18
236,530.62 234,840.87 234.840.87 231,635.88
- ~ ' 8 94 :.!~- _._.,- .__~~Q;§L._. -----,- -_.~ &~~ZL______- ~ ' 8 2 ~:i!--
469.681.75
587,102.19
Interest
97,763.25 $
94,063.05
92,155.51
90,222,12
88,262.54
86,276.40
84,263.35
82,223.03
80,155.06
78,059.06
75,934.67
73,781.49
71,599.14
69,387.21
67,145.31
64,873.04
62,569.97
60,235.70
57,869.80
55,471.84
53,041.39
50,578.01
48,081.25
45,550.66
42,985.77
40.386,14
37,751.28
35,080.71
32,373,96
29,630.54
26,849.94
24,031,66
21,175.19
18,280.02
15,345,62
12,371.46
9,357.00
6.301,70
3,204.99
66.32
Ending
Balance
6,941,922.38
6,801,144.55
6,658,459.19
6,513.840.43
6,367.262.10
6,218,697.62
6,068,120.10
5,915,502.25
5,760.816,43
5,604.034.62
5,445,128.42
5,284,069.03
5,120,827.29
4,955.373.63
4,787,678.07
4,617,710.23
4,445,439.33
4,270,834.16
4,093,863.09
3,914,494.06
3,732,694.58
3,548,431.71
3,361,672.09
3,172,381.87
2,980,526.77
2,786.072.03
2,588,982.43
2,389,222,27
2,186,755.36
1,981.545.02
1,773.554.08
1,562,744.86
1,349,079.18
. 1,132,518.33
913,023,08
690,553.67
465,069.79
236,530.62
4,894.73
0,00
Agenda Item No.1 OB
May 11, 2004
Page 45 of 46
Attachment B - Public Participation Documents
Agenda Item No. 10B
M3Y 411, 2004
Page 46 of 46
-
EXECUTIVE SUMMARY
Recommendation to Develop a Request for Proposal to Increase Park Impact Fees
for Beach and Boat Access Based on the Master Plan
OBJECTIVE: To continue to investigate options for funding the Board-adopted Beach
and Boat Access Master Plan.
CONSIDERATION: On May 27, 2003, the Board adopted the 2003 Boat and Beach
Access Master Plan and directed staff to investigate funding sources for its
implementation.
On March 23, 2004, the Board accepted the final report of the Revenue Commission,
which recommended "an impact fee study to detennine the potential cost per housing unit
and whether the current parks and recreation impact fee should be expanded or a new
beach and boat access impact fee should be created."
,-.
FISCAL IMPACT: Staff estimates that the study will cost less than $40,000. Staff will
prepare a budget amendment transferring the necessary funds from Parks Impact Fees
(346) and submit it with the request to award the RFP,
GROWTH MANAGEMENT IMPACT: No growth management impact is associated
with this action.
RECOMMENDATION: That the Board of County Commissioners approve the request
to develop a Request for Proposal to increase park impact fees for beach and boat access
based on the Master Plan.
-
Agenda Item No.1 OC
May 11, 2004
Page 1 of 2
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
10G
Item Summary
Recommendation to Develop a Request for Proposal 10 Increase Park Impact
Fees for Beach and Boat Access Based on the Master Plan. (John Dunnuck.
Administrator, Public Services)
Meeting Date
5/11120049:00:00 AM
Prepared By
Amanda Townsend
Operations Coordinator
Public Services
Parks and Recreation
Approved By
Marla Ramsey
Parks & Recreation Director
Date
Public Services
Parks and Recreation
51412004 10:42 AM
Appro\'ed By
John Dunnuck
Public Services Administrator
Date
Public Services
Public Services Admin,
5141200410:49 AM
Approved By
Susan Usher
Senior Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
51512004 3:44 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
5/512004 3:49 PM
Approved By
James V, Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
5/5/20043:59 PM
Agenda Item No, 10C
May 11,2004
Page 2 of 2
. t
-,
EXECUTIVE SUMMARY
Recommendation to approve an Agreement for Sale and Purchase for seven
residential lots east of the County's Bayview Park at a cost not to exceed $1,129,400.
(John Dunnuck) .
OBJECTIVE: To acquire property for the expansIon of beach and boat access
opportunities for the community.
CONSIDERATION: The Board of County Commissioners approved the Beach Access
and Boat Launch Master Plan in May 2003, which outlined a project to purchase property
sUITounding Bayview Park. The Board more recently authorized staff to utilize real
estate incentives to encourage land and homeowners to sell this property to the County.
Following this authorization, staff began fonnally negotiating the purchase of seven lots
in the targeted area from Terra Homes, Inc. (Seller). These lots were slated for
construction of speculation homes valued in the mid-$240,000. In fact, two of the
properties have homes now under constrnction that are nearing completion. In an effort
to further prevent these homes from continuing in private ownership, staff has negotiated
a purchase Agreement with TeITa Homes, Inc.
The Agreement provides for the purchase of two certified-for-occupancy homes and five
vacant lots for the price of $1,115,000. Two independent appraisals were secured
indicating a range in value of between $758,000 and $808,000. The difference in the
appraised value and asking price is Seller's anticipated profit that Nould be realized from
the sale of the five vacant lots as if improved with homes and sold at a price of $240,000
each. The Agreement further provides that should the County elect not to close the
transaction for any reason, except for default by Seller, the County will pay Seller
$50,000 as liquidated damages.
Because the purchase price is higher than the average of the appraisals, approval of the
Agreement will require an affirmative vote of not less than four members of the Board
(supennajority vote).
This will be the first step in a long-term acquisition program of assembling properties for
beach and boat access from Bayview Park. As such, the County anticipates receiving
offsetting revenue from the rental of these two homes as well as other homes acquired as
part of this program.
The attached Agreement has been reviewed and approved by the County Attorney's
Office and Public Services Division.
GROWTH MANAGEMENT: Beach and boat access opportunities are encouraged in
the Growth Management Plan. Anticipating the projected growth of the Cpunty over the
next ten to twenty years, this project will help maintain the . level of service that e~
today. NO. AGENfflT '
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-
EXECUTIVE SUMMARY
Approve Agreement for Sale and Pnrchase - Bayview Park
Page 2
FISCAL IMPACT: The total cost of acquisition should not exceed $1,129,400
($1,115,000 for the property, $5,800 for appraisals, $2,000 for the Environmental
Assessment/Site Audit, and approximately $6,600 for title commitments, title .policies,
and recording of related documentsl- Park impact funds and funds received ITom the
Heritage Bay DRl approval have been previously approved for this project.
RECOMMENDATION:
That the Board of County Commissioners:
1. Approve the attached Agreement for Sale and Purchase; and
2. Authorize Chairman Fiala to execute the Agreement on behalf of the County;
and
3. Authorize staff to prepare related vouchers and Warrants for payment; and
4. Direct staff to proceed to acquire the subject property, to follow all
appropriate closing procedures, to accept the deed(s), and to record the
deed(s) and all necessary documents (after approval by the County Attorney's
Office) to obtain clear title to the property; and
5. Approve any and all required budget amendments.
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AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between TERRA HOMES, INC. a
Florida Corporation, whose maiiing address is 3813 Clipper Lane, Naples, Florida
34112 (hereinafter referred to as "Seller"), and COLLIER COUNTY, FLORIDA, a political
subdivision of the State of Florida, whose mailing address is 3301 East Tamlami Trail. Naples,
Rorida 34112, (hereinafter "Purchaser").
WITNESSETH
WHEREAS, Seller is the owner ot that certain real property (hereinafter referred to as
'Property"), located in Collier County, State of Florida, and being more particularly
described in Exhibit "A", attached hereto and made a part hereof by reference,
WHEREAS, Purchaser is desirous of purchasing the' Property, subject to the conditions
and other agreements hereinafter set forth, and Seller is agreeable to such sale and to
such conditions and agreements.
NOW, THEREFORE, for and in consideration of the premises and the respective
undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00),
the receipt and sufficienç:y of which is hereby acknowledged, it is ag~eed as follows:
I.
AGREEMENT
1.01 In consideration of the purchase price and upon the terms and conditions
hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase
from Seller the Property, described in Exhibit "A", together with all rights,
privileges, tenements, hereditaments and appurtenances pertaining to the land
and aJl buildings, structures, and other improvements now and hereafter situated
tJpon the land.
II. PAYMENT OF PURCHASE PRICE
2.01 The purchase price (the 'Purchase Price") for the Property shall be One
Million One Hundred Fifteen Thousand Dollars and 00/100 ($1,115,000.00), (U.S.
Currency) payable at time of closing.
III. CLOSING
3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING', OR
"CLOSING") ot the transaction shaH be held on or before thirty (30) days after
Seller has provided clear title, unless extended by mutual written agreement of the
parties hereto. The Closing shall be held at the Collier' County Attomey's Office,
Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure
to be followed by the parties in connection with the Closing shall be as follows:
3.011 Seller shall convey a marketable title free of any liens, encumbrances.
exceptions, or qualifications, Marketable title shall be determined according to
applicable title standards adopted by the Florida Bar and in accordance with
law. At the Closing, the Seller shaH cause to be delivered to the Purchaser
the items specified herein and the foHowing documents and instruments duly
executed and acknowledged, in recordable form: .
3.0111 Warranty Deed in favor of Purchaser conveying title to the
Property, free and clear of all liens and encumbrances other than:
(a) The lien for current taxes and assessments,
(b) Such other easements, restrictions or conditions of record.
3,0112 Combined Purchaser-Seller closing statement.
3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as
required by Section 1445 of the Internal Revenue Code and as required
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by the tille insurance underwriter in order to insure the "gap. and issue
the policy contemplated by the title insurance commitment.
3.0114 A 'N-9 Form, "Request for Taxpayer Identification and
Cet1ifícation" as required by the Intemal Revenue Service.
3.0115, Such other documents as required by the title agent for
purposes of removing any claim of construction liens as an exception to
the title policy.
3,012 At the Closing, the Purchaser, or its assignee. shall cause 10 be delivered to
the Seller the following:
3.0121 A negotiable instrument (County Warrant) in an amount equal to
the Purchase Price. No funds shalf be disbursed to Seller until the TItle
Company verifies that the state of the title to the Property has not
changed adversely since the date of the last endorsement to the
commitment, referenced in Section 4.011 thereto, and the Title
Company is irrevocably committed to issue the Owner's title policy to
Purchaser in accordance wilh the commitment.
3.0122 Funds payable to the Seller representing the cash payment due
at Closing in accordance with Articfe III hereof, shall be subject to
adjustment for prorations as hereinafter set forth.
3.02 Each party shall be responsible for payment of its own attorney's tees, Seller,
at its sole cost and expense, shall Day at Closing all documentary stamp taxes due
relating to the recording of the Warranty Deed, in accordance with Chapter 201.01,
Florida Statutes, and the cost of recording any instruments necessary to clear
Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued
pursuant to the Commitment provided for in Section 4.011 below, shall be paid by
Purchaser, The cost of the title commitment shall also be paid by Purchaser.
3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real
Property taxes shall be prorated based on the current year's tax with due
allowance made for maximum allowable discount, homestead and any other
applicable exemptions and paid by Seller. If Closing occurs at a date which the
current year's millage is not fixed, taxes will be prorated based upon such prior
year's millage.
IV. REQUIREMENTS AND CONDITIONS
4.01 Upon execution of this Agreement by both parties or at such other time as
specified within this Article, Purchaser and/or Seller, as the case may be, shall
perform the following within the times stated. which shall be conditions precedent
to the Closing;
4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as
evidence of title an ALTA Commitment for an Owner's Title Insurance Policy
(ALTA Form 8-1970) covering the Property, together with hard copies of all
exceptions shown thereon. Purchaser shall have thirty ~30) days, following
receipt of the title insurance commitment, to notify Seller in writing of any
objection to title other than liens evidencing monetary obligations, if any,
which obligations shall be paid at closing. If the title commitment contains
exceptions that make the title unmarketable, Purchaser shall deliver to the
Seller wriUen notice of its intention to waive the applicable contIngencies or to
terminate this Agreement.
4.012 If Purchaser shall fail to advise the Seller in writing of any such
objections in Seller's title in the manner herein required by this Agreement, the
title shall be deemed acceptable. Upon notification of Purchaser's objection to
title; Seller shall have thirty (30) days to remedy any defects in order to convey
good and marketable title, except for liens or monetary obligations which will
be satisfied. at Closing. Seller, at its sole expense, shall use its best efforts to
make such - title good and marketable, In the event Seller is unable to cure
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said objections within said time period, Purchaser, by providing written notice
to Seller within seven (7) days after expiration of said thirty (30) day period,
may accept title as it then is. waiving any objection; or Purchaser may
terminate the Agreement. A failure by Purchaser to give such written notice of
termination within the time period provided herein shall be deemed an election
by Purchaser to accept the exceptions to title as shown in the title
commitment.
4.013 Purchaser shail have the option, at its own expense, to obtain a current
survey of the Property prepared by a surveyor licensed by the State of Aorida.
No adjustments to the Purchase Price shall be made based upon any change
to the total acreage referenced in Exhibit "A', if any. Seller agrees to fumish
any existing surveys of the Property, if any, to Purchaser within thirty (30) days
of execution ot this Agreement.
V. APPRAISAL PERIOD
5,01 Purchaser shall be in receipt of the two (2) required appraisals in order to
determine the value of the Property pursuant to the requirements of Florida
Statutes 125,355 prior to the Agreement for Sale and Purchase being submitted
to the Board ot County Çommissianers.
5.02 Seller acknowledges that if the agreed Purchaser Price stated in Paragraph
2,01 exceeds the average ot two (2) independent appraisals, if obtained, the
Purchaser is required to approve the purchase by an extraordinary vote. If such
vote is not obtained, then this Agreement shall terminate and the parties shall
bear their own costs,
VI.
INSPECTION PERIOD
6.01 Purchaser shall have completed all inspections with favorable results prior to
the Agreement of Sale and Purchase being submitted to the Board of County
Commissioners.
VII. INSPECTION
7.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have
the right to inspect the Property at any time prior to the Closing.
VIII. POSSESSION
8.01 Purchaser shall be entitled to full possession of the Property at C1osing.
Seller agrees to deliver the property and improvements thereupon in clean
condition, free of construction debris and in good working order.
IX. PRORATIONS
9,01 Ad valorem taxes next due and payable. after closing on the Property, shall
be prorated at Closing based upon the gross amount of 2003 taxes, and shan be
paid by Seller.
X. TERMINATJON AND REMEDIES
10.01 If Seller shall have failed to perform any of the covenants and/or
agreements contained herein which are to be performed by Seller, within ten (10)
days of written notification of such failure, Purchaser may, at its option, terminate
this Agreement by giving written notice of termination to Seller. Purchaser shall
have the right to seek and enforce all rights and remedies available at law or in
equity to a contract vendee, including the right to seek specific performance of this
Agreement.
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10.02 If the Purchaser has not terminated this Agreement pursuant to any of the
provisions authorizing such termination, and Purchaser fails to close the
transaction contemplated hereby or otherwise fails to perform any of the terms,
covenants and conditions of this Agreement as required on the part of Purchaser
to be performed. provided Seller is not in default, then as Seiler's sole remedy,
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.. Seller shall have the right to terminate and cancel this Agreement by giving written
notice thereof to Purchaser. whereupon $50,000.00 shaH be paid to Seller as
liquidated damages which shall be Seller's sole and exclusive remedy, and neither
party shall have any further liability or obligation to the other except as set forth in
paragraph 13,01, (Real Estate Brokers), hereof. The parties acknowledge and
agree that SeHer's actual damages in the event of Purchaser's default are
uncertain in amount and difficult to ascertain, and that said amount of liquidated
damages was reasonably determined by mutual agreement between the parties,
and said sum was not intended to be a penalty in nature.
10.03 The parties acknowledge that the remedies described herein and in the
other provisions of this Agreement provide mutually satisfactory and sufficient
remedies to each of the parties, and take into account the peculiar risks and
expenses ot ea.ch of the parties.
XI. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES
11.01 Seller and Purchaser represent and warrant the following:
11.011 Seller and Purchaser have full right and authority to enter into and to
execute this Agreem~nt and to undertake all actions and to perform all tasks
required of eaçh hereunder, Seller is not presently the subject of a pending,
threatened or contemplated bankruptcy proceeding.
11.012 SeUer has full nght, power, and authority to own and operate the
Property, and to execute, deliver, and perform its obligations under this
Agreement and the instruments executed in connection herewith, and to
consummate the transaction contemplated hereby. All necessary
authorizations and approvals have been obtained authorizing Seller and
Purchaser to execute and consummate the transaction contemplated hereby.
At Closing, certified copies of such approvals shall be delivered to Purchaser
andlor Seller, if necessary.
11.013 The warranties set forth in this paragraph shall be true on the date of
this Agreement and as ot the date of Closing. Purchaser's acceptance of a
deed 10 the said Property shall not be deemed to be full performance and
discharge of every agreement and obligation on the part of the Seller to be
performed pursuant to the provisions of this Agreement.
11.014 Seller represents that it has no knowledge of any actions, suits, claims,
proceedings, litigation or investigations pending or threatened against Seller,
at law, equity or in arbitration before or by any federal. state, municipal or other
govemmental instrumentality that relate to Ihis agreement or any other
property that could, if continued, adversely affect Seller's ability to sell the
Property to Purchaser according to the terms ot this Agreement.
11.015 No party or person other than Purchaser has any right or option to
acquire the Property or any portion thereof.
11.016 Until the date fixed for Closing, so long as this Agreement remains in
force and effect, Seller shall not encumber or convey any portion of the
Property or any rights therein, nor enter into any agreements granting any
person or entity any rights with respect to the Property or any part thereof,
withqut first obtaining the written consent of Purchaser to such conveyance,
encumbrance, or agreement which consent may be withheld by Purchaser for
any reason whatsoever,
11.017 Seller represents that there are no incinerators, septic tanks or
cesspools on the Property; aJl waste, if any, is discharged into a public sanitary
sewer system; Seller represents that they have (it has) no knowledge that any
pollutants are or have been discharged from the Property, directly or indirectly
into any body of water. Seller represents the Property has not been used for
the production, handling, storage, transportation, manufacture or disposal of
hazardous or toxic substances or wastes, as such terms are defined in
applicable laws and regulations, or any other activity that would have toxic
results, and no such hazardous or toxic substances are currently used in
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connection with the operation of the Property, and there is no proceeding or
inquiry by any authority with respect thereto. Seller represents that they have
(it has) no knowledge that there is ground water contamination on the Property
or potential of ground water contamfnation from neighboring properties. Seller
represents no storage tanks for gasoline or any other substances are or were
located on the Property at any time during or prior to Sellers ownership
thereof. Seller represents none of the Property has been used as a sanitary
landfill. .
11.018 Seller has no knowledge that the Property and Seller's operations
concerning the Property are in violation of any applicable Federal, State or
local statute, law or regulation, or of any notice from any governmental body
has been served upon Seller claiming any violation of any law, ordinance,
code or regulation or requiring or calling attention to the need for any work,
repairs, construction, alterations or instaJiation on or in connection with the
Property in order to comply with any laws, ,òrdinances, codes or regulation with
which Seller has not complied.
11.019 There are no unrecorded restrictions, easements or rights of way (other
than existing zoning regulations) that restrict or affect the use of the Property,
and there are no. maintenance, construction, advertising, management,
leasing, employment, service or other contracts affecting the Property.
11.020 Seller has no knowledge that there are any suits, actions or arbitration,
bond issuances or proposaJs therefor, proposals for public improvement
assessments, pay-back agreements, paving agreements, road expansion or
improvement agreements, utility moratoriums, use moratoriums, improvement
moratoriums, administrative or other proceedings or governmental
investigations or requirements, formal or informal, existing or pending or
threatened which affects the Property or which adversely affects Seller's ability
to perform hereunder; nor is there any other charge or expense upon or
related to the Property which has not been disclosed to Purchaser in writing
prior to the effective date of this Agreement.
11.021 Seller acknowledges and agrees that Purchaser is entering into this
Agreement based upon Seller's representations stated above and on the
understanding that Seller will not cause the zoning or physical condition of the
Property to change from its existing state on the effective date of this
Agreement up to and including the Date of Closing. Therefore, Seller agrees
not to enter into any contracts or agreements pertaining to or affecting the
Property and not to do any act or omit to perform any act which would change
the zoning or physical condition of the Property or the governmental
ordinances or laws governing same. Seller also agrees to notify Purchaser
promptly of any change in the facts contained in the foregoing representations
and of any notice or proposed change in the zoning, or any other action or
notice, that may be proposed or promulgated by any third parties or any
governmental authorities having jurisdiction of the development of the property
which may restrict or change any other condition of the Property.
11.022 At the Closing, Seller shall deliver to Purchaser a statement
(hereinafter called the "Closing Representative Statement-) reasserting the
foregoing representations as of the Date of Closing, which provisions shall
survive the Closing, .
11.023 Seller represents, warrants and agrees to indemnify, reimburse, defend
and hold Purchaser harmless from any and all costs (including attomey's fees)
asserted against, imposed on or incurred by Purchaser, directly or indirectly,
pursuant to or in connection with the application of any federal, state, locaJ or
common law relating to pollution or protection of the environment which shall
be in accordance with, but not limited to, the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601,
et seq., ("CERCLA" or "Supertund"), which was amended and upgraded by the
Supertund Amendment and Reauthorization Act of 1986 (.SARA"), including
any amendments or successor in function to these acts. This provision and
the rights of Purchaser, hereunder, shall survive Closing and are not deemed
satisfied by conveyance of title.
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11 ,024 Any loss and/or damage to the Property between the date of this
Agreement and the date of Closing shaH be Seller's sole risk and expense.
11 ,025 Seller agrees to cease all marketing and development efforts relating in
any way to the Property during the term of this Agreement, including, but not
limited to, the termination of any listing or real estate marketing agreements
and the cessation of aJl permitting and construction activities, Any
enhancement or improvement to the Property created by Seller after the
effective date of this Agreement shall be at Seller's sole risk and expense,
The Parties agree that Purchaser will not be required to pay for any increases
in value enjoyed by the Property during the term of this Agreement.
XII, NOTICES
12.01 Any notice, request, demand, instruction or other communication to be
given to either party hereunder shall be in writing, sent by facsimile, with
automated confirmation of transmission, or sent by registered, or certified mail,
return receipt requested, postage prepaid, addressed as follows:
If to Purchaser.
Sharman Veger
Real Estate Services Department
Administration Building
3301 Tamiami Trail East
Naples, Florida 34112
Fax: 239 774-8876
Telephone: 239 732-2622
Ellen T. Chadwell
Assistant County Attorney
Office of the County Attorney
Administration Building
3301 Tamiami Trail East
Naples, Florida 34112
With a copy to:
If to Seller:
Attn: Franz S!eppuhn
Terra Homes Inc,
3813 Clipper Lane
Naples, FL 34112
Fax: 239 450-7124
Telephone: 239 513-9840
With a copy to:
Timothy J. Cotter P.A.
599 9th St North #313
Naples, FL 34102
Garry Lahey, PhO.
4980 Tamiami Trail North
Naples, FL 34103
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With a copy to:
12.02 The addressees and addresses for the purpose of tlÌis Article may be
changed by either party by giving written notice of such change to the other party
in the manner provided herein. For the purpose at changing such addresses or
addressees only, unless and until such written notice is received, the last
addressee and respective address stated herein shall be deemed to continue in
effect for all purposes.
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13.01 Any and all brokerage commissions or fees shall be the sole responsibility
of the Seller. Seller shall indemnity Purchaser and hold Purchaser harmless from
and against any claim or liability for commission or fees to any broker or any other
person or party claiming to have been engaged by Seller as a real estate broker,
salesman or representative, in connection with this Agreement. Seller agrees to
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separate agreement, if any,
XIV, MISCELLANEOUS
14,01 This Agreement may be executed in any manner of counterparts which
together shall constitute the agreement of the parties,
14.02 This Agreement and the terms and provisions hereof shall be effective as of
the date this Agreement is executed by both parties and shall inure to the benefit
of and be binding upon the parties hereto and their respective heirs, executors,
persona! representatives, successors. successor trustee, ,and assignees
whenever the context so requires or admits.
14.03 Any amendment to this Agreement shall not bind any of the parties hereof
unless such amendment is in writing and executed and dated by Purchaser and
Seller. Any amendment to this Agreement shaH be binding upon Purchaser and
Seller as soon as it has been executed by both parties,
14.04 Captions and section headings contained in this Agreement are for
convenience and reference only; in no way do they define, describe, extend or
limit the scope or !ntent of this Agreement or any provisions hereof.
..,'
14,05 All terms and words used in this Agreement, regardless of the number and
gender in which used, shall be deemed to include any other gender or number as
the context or the use thereof may require,
.-
14.06 No waiver of any provision of this Agreement shall be effective unless it is in
writing signed by the party against whom it is asserted, and any waiver of any
provision of this Agreement shall be applicable only to the specific instance to
which it is related and shall not be deemed to be a continuing or future waiver as
to such provision or a waiver as to any other provision.
14.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal
holiday, then the date to which such reference is made shall be extended to the
next succeeding business day.
14.08 Seller is aware of and understands that the 'offer" to purchase represented
by this Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, F!orida.
14.09 If the Seller holds the Property in the form of a partnership, limited
partnership, corporation, trust or any form of representative capacity whatsoever
for others, Seller 'shall make a written public disclosure, according to Chapter 286,
Rorida Statutes, under oath, of the name and address of every person having a
beneficial interest in the Property before Property held in such capacity is
conveyed to Collier County. (If the corporation is registered with the Federal
Securities Exchange Commission or registered pursuant :0 Chapter 517, Florida
Statutes, whose stock is for sale to the general public, it is hereby exempt from
the provisions of Chapter 286, Florida Statutes.)
..-
14.10 Seller hereby guarantees that construction of both houses located on Lots
52 and 55 shall be completed 'Nith Certificates of Occupation issued prior to
closing. Houses will be clean ana free of all construction debris as of Closing,
¡,.,'
14.11 This Agreement is governed and construed in accordance with the laws of
the Slate of Florida.
XV, ENTIRE AGREEMENT
15.01 Offer and Acceptance:
This offer is revoked if not accepted, and notice of acceptance given to Terra
Homes, Inc. by 5:00 p.m" May 12, 2004.
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.. 15.02 This Agreement and the exhibits attached hereto contain the entire
agreement between the parties, and no promise, representation, warranty or
covenant not incJuded in this Agreement or any such referenced agreements has
been or is being relied upon by either party. No modification or amendment of
this Agreement shall be of any force or effect unless made in writing and executed
and dated by both Purchaser and Seller, Time is af the essence af this
Agreement.
IN WITNESS WHEREOF, the parties hereto set forth their hands seals.
Dated Project/Acquisition Approved by
BCC:
AS TO PURCHASER:
DATED:
ATTEST:
DWIGHT E. BROCK. Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
Donna Fiala, Chairman
, Deputy Clerk
AS TO SELLER:
DATED:
Terra Homes, Inc. a Florida Corporation
WITNESSES:
BY:
Franz Steppuhn, President
3813 Clipper lane
Naples, FL 34112
(Signature)
(Printed Name)
(Signature)
(Printed Name)
Approved as to form and
legal sufficiency:
EJlen T. Chadwell
Assistant County Attorney
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EXHIBIT A
Lots 54, 55, and 56, Naples Bayview Addition No, I, according to the plat thereof,
recorded in PI;]t Book 4, Page 2O, and as described in th;]( certain WaJnnly Deed ;]( CoR.
Book 3039, Page 1779, of the Public Records of Collier County, Flotida,
And
Lots 52 and 53, N:;¡ples Bayview Addition No, 1, according to the map or piat thereof, liS
recorded in Plat Book 4, Page 20, and as described in that certain Warranty Deed at 0, R.
Book 3330, Page 2094, of the Public Records of Collier County, Florida,
And
Lot 48 and 49, Naples Bayview Addition No, 1, according to the plat thereof, recorded in
PInt Book 4, Page 20, and as desclibcd in Ihat c::rtain Wan'anty Deed at O.R, Book 3032,
Page 457, of the Public Records of Collier County, Florida.
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EXECUTIVE SUMMARY
Final Acceptance Of Water Utility Facilities For Seacrest School
OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of
the Collier County Water-Sewer District, to accept the conveyance of the water facilities.
CONSIDERATIONS:
,-
,-.
1 )
The Developer of Seacreast School, has constructed the water facilities within
dedicated easements to serve this development. See attached location map,
2)
Preliminary acceptance was approved by the Community Development and
Environmental Services staff on 6/4/98, in accordance with Ordinance 2001-57, as
amended.
3)
Staff has recorded all appropriate legal documentation which has been reviewed
by the County Attorney's office for legal sufficiency,
4)
The water facilities have been operated and maintained by the Collier County
Water-Sewer District during the one (1) year warranty period.
5)
A final inspection to examine for any defects in materials and workmanship was
conducted by the Community Development and Environmental Services Division
staff and found to be satisfactory.
The Utilities Performance Security (UPS), in the form of a Cash Bond in the
amount of $2,100,00, will be released to the Project Engineer or the Developer's
designated agent upon the Board's approval.
FISCAL IMPACT: The water facilities were constructed without cost to the Collier
County Water-Sewer District. The cost of operating and maintaining the water facilities
will be paid by monthly user revenues.
6)
GROWTH MANAGEMENT IMPACT: This project has been connected to the County
Regional Water Treatment Plant. Capacity presently exists to serve this project.
RECOMMENDATION: The Community Development and Environmental Services
Division Administrator recommends that the Board of County Commissioners, Ex-Officio
the Governing Board of the Collier County Water-Sewer District, accept the water
facilities for Seacrest School, and release the UPS to the Project Engineer or the
Developer's designated agent.
Agenda Item No. 16A1
May 11, 2004
Page 1 of 3
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Item Number
Item Summary
Meeting Date
Approved By
Thomas E. Kuck, P.E.
Community Development &
- Environmental Services
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A1
Final Acceptance Of Water Utility Facilities For Sea crest School
5111/20049:00:00 AM
CDES Engineering Services Director
Date
CDES Engineering Services
4116120048:17 AM
Approved By
Wastewater Director
Date
Joseph B. Cheatham
Public Utilities
WasteWater Treatment
4/19/200410:53 AM
Water Director
Date
Approved By
Paul Mattausch
Public Utilities
Water
4/19/200411:31 AM
Constance A. Johnson
Date
Approved By
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
4123/20042:11 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
4/23120043:19 PM
Mark Isackson
Date
Approved By
County Manager's Office
Budget Analyst
Office of Management & Budget
4/30/200412:35 PM
Date
Approved By
Michael Smykowski
County Manager's Office
Management & Budget Director
Office of Management & Budget
4/30/20043:12 PM
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
5/3/2004 4:39 PM
Agenda Item No. 16A1
May 11, 2004
Page 2 of 3
NAPl£S
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PROJECT:
Sea crest
Sea crest
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School, Inc.
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EXECUTIVE SUMMARY
Final Acceptance of Water and Sewer Facilities for Aston Gardens
OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of
the Collier County Water-Sewer District, to accept the conveyance of the water and
sewer facilities.
CONSI DERA TIONS:
1) The Developer of Aston Gardens, has constructed the water and sewer facilities
within dedicated easements to serve this development. See attached location map,
2) Preliminary acceptance was approved by the Community Development and
Environmental Services staff on 3/28/00 , in accordance with Ordinance 2001-57, as
amended.
3) Staff has recorded all appropriate legal documentation which has been reviewed by
the County Attorney's office for legal sufficiency,
4) The water and sewer facilities have been operated and maintained by the Collier
County Water-Sewer District during the one (1) year warranty period.
,-
5) A final inspection to examine for any defects in materials and workmanship was
conducted by the Community Development and Environmental Services Division staff
and found to be satisfactory.
6) The Utilities Performance Security (UPS), in the form of a Performance Bond No.
152886 in the amount of $4,406.00, will be released to the Project Engineer or the
Developer's designated agent upon the Board's approval.
FISCAL IMPACT: The water facilities were constructed without cost to the Collier
County Water-Sewer District. The cost of operating and maintaining the water and sewer
facilities will be paid by monthly user revenues.
GROWTH MANAGEMENT IMPACT: This project has been connected to the County
Regional Water Treatment Plant and North/South Regional Wastewater Treatment Plant.
Capacity presently exists to serve this project.
RECOMMENDATION: The Community Development and Environmental Services
Division Administrator recommends that the Board of County Commissioners, Ex-Officio
the Governing Board of the Collier County Water-Sewer District, accept the water and
sewer facilities for Aston Gardens, and release the UPS to the Project Engineer or the
Developer's designated agent. .
,-
Agenda Item No. 16A2
May 11, 2004
Page 1 of 3
,-----,-,--
Item Number
Item Summary
Meeting Date
Approved By
Thomas E. Kuck, P.E.
Community Development &
Environmental Services
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A2
Final Acceptance of '/Vater and Sewer Facilities for Aston Gardens
5111120049:00:00 AM
GOES Engineering Services Director
Date
CDES Engineering Services
4116/20048:18 AM
Appro,'ed By
Water Director
Date
Paul Mattausch
Public Utilities
Water
41191200411:31 AM
Wastewater DIrector
Date
Appro,'ed By
Joseph B. Cheatham
Public Utilities
WasteWater Treatment
411912004 10:54 AM
Date
Approved By
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
4123/20042:14 PM
Approved By
Environmental Services Admin.
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Admlnstrator
Date
Community Development &
Environmental Services Admin,
412312004 3:20 PM
Date
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Office of Management & Budget
4/301200410:22 AM
Date
Appro,'ed By
Michael Smykowski
County Manager's Office
Management & Budget Director
Office of Management & Budget
4130120043:14 PM
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
51312004 4:41 PM
Agenda Item No. 16A2
May ii, 2004
Page 2 of 3
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LEGAL DESCRIPTION: Section 25, Township 48, Range 25, Aston Gardens at Pelican ,Marsh, formerly
Parcel part of Parçel 21
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Agenda Item No. 16A2
May 11 , 2004
Page 3 of 3
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.-
EXECUTIVE SUMMARY
Final Acceptance Of Water Utility Facilities For Brittany Bay Apartments
OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing
Board of the Collier County Water-Sewer District, to accept the conveyance of the water
facilities.
CONSIDERATIONS:
1) The Developer of Brittany Bay Apartments, has constructed the water facilities
within dedicated easements to serve this development. See attached location map.
2) Preliminary acceptance was approved by the Community Development and
Environmental Services staff on May 21,2002, in accordance with Ordinance 2001-57,
as amended.
3) Staff has recorded all appropriate legal documentation which has been reviewed
by the County Attorney's office for legal sufficiency.
--
4) The water facilities have been operated and maintained by the Collier County
Water-Sewer District during the one (1) year warranty period,
5) A final inspection to examine for any defects in materials and workmanship was
conducted by the Community Development and Environmental Services Division staff
and found to be satisfactory,
6) The Utilities Performance Security (UPS), in the form of Performance Bond No.
K06458336 in the amount of $2,802.00, will be released to the Project Engineer or the
Developer's designated agent upon the Board's approval.
7) Water Facilities have been reviewed by Roy Anderson of Public Utilities. He
approved the Executive Summary for Final Acceptance on April 21, 2004.
FISCAL IMPACT: The water facilities were constructed without cost to the Collier
County Water-Sewer District. The cost of operating and maintaining the water facilities
will be paid by monthly user revenues.
~
Agenda Item No, 16A3
May 11, 2004
Page 1 of 4
"--'-"""'"
Executive Summary
Brittany Bay Apartments
Page Two
GROWfH MANAGEMENT iMPACT: This project has been connected to the County
Regional Water Treatment Plant. Capacity presently exists to serve this project.
RECOMMENDATiON: The Community Development and Environmental Services
Division Administrator recommends that the Board of County Commissioners, Ex-Officio
the Governing Board of the Collier County Water-Sewer District, accept the water
facilities for Brittany Bay Apartments, and release the UPS to the Project Engineer or the
Developer's designated agent.
attachments
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.-
Agenda Item No. 16A3
May 11, 2004
Page 2 of 4
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A3
Final Acceptance Of Water Utility Facilities For Brittany Bay Apartments
Prepared By
5/11/20049:00:00 AM
Sherry Eaton
Community Development &
Environmental Services
Engineering Technician
Engineering Services
Approved By
Water Director
Date
Paul Mattausch
Public Utilities
Water
4/19/200411:30 AM
Wastewater Director
Date
Approved By
Joseph B. Cheatham
Public Utilities
WasteWater Treatment
41191200410:52 AM
Public Utilities Engineering Director
Date
Approved By
Roy B. Anderson, P.E.
Public Utilities
Public Utilities Engineering
4121/20044:59 PM
Date
Approved By
Thomas E. Kuck, P.E.
Community Development &
Environmental Services
CDES Engineering Services DIrector
CDES Engineering Services
4122120044:41 PM
Constance A. Johnson
Date
Approved By
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
4123/2004 2:07 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Admlnstrator
Date
Community Development &
Environmental Services Admin.
4/23/2004 2:20 PM
Mark Isackson
Budget Analyst
Date
Approved By
County Manager's OffIce
Office of Management & Budget
4/30/20042:41 PM
Management & Budget Director
Date
Approved By
Michael Smykowskl
County Manager's Olnce
Office of Management & Budget
4130/20043:11 PM
County Manager
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager's Olnce
51312004 4:34 PM
Agenda Item No. 16A3
May 11, 2004
Page 3 of 4
H.W.
PROJ!£C-:T
AREA
E ROAD C.R.846
CRYSTAL
lAKE
26
25
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29
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28
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AV
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14lH AV H.W. 34
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35
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. 71H. AV NIY 71H AV NW
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5TH AV NW
3
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2
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1ST AV NY¡
1ST AV NW
1ST AV SW
11
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LOCATION MAP.
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LEGAL DESCRIPTION:: Section 27, Township 48, Range 26,
Brittany Bay Apartments, formerly Par(~el 4
Agenda Item No. 16A3
May 11, 2004
Page 4 of 4
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EXECUTivE SUMMARY
Final Acceptance Of Water and Sewer Utility Facilities For Flamingo Fairways
OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing
Board of the Collier County Water-Sewer District, to accept the conveyance of the water
and sewer facilities.
CONSIDERATIONS:
1} The Developer of Flamingo Fairways, has constructed the water and sewer
facilities within dedicated easements to serve this development. See attached location
map. '
2} Preliminary acceptance was approved by the Community Development and
Environmental Services staff on January 22, 2002, in accordance with Ordinance 2001-57,
as amended,
,......-.
3} Staff has recorded all appropriate legal documentation which has been reviewed
by the County Attorney's office for legal sufficiency.
4} The water and sewer facilities have been operated and maintained by the Collier
County Water-Sewer District during the one (1) year warranty period.
5} A final inspection to examine for any defects in materials and workmanship was
conducted by the Community Development and Environmental Services Division staff
and found to be satisfactory.
6) The Utilities Performance Security (UPS), in the form of Cash Bond in the amount
of $6,620.00, will be released to the Project Engineer or the Developer's designated
agent upon the Board's approval.
7) Water and sewer facilities have been reviewed by Roy Anderson of Public Utilities,
He has approved the Executive Summary for Final Acceptance via email dated March 23,
2004.
FISCAL IMPACT: The water and sewer facilities were constructed without cost to the
Collier County Water-Sewer District. The cost of operating and maintaining the water
and sewer facilities will be paid by monthly user revenues.
,-
Agenda Item No. 16A4
May 11 , 2004
Page 1 of 4
..",--.,-,.__....m p,
Executive Summary
Flamingo Fairways
Page Two
GROWTH MANAGEMENT IMPACT: This project has been connected to the County
Regional Water Treatment Plant. Capacity presently exists to serve this project.
RECOMMENDATION: The Community Development and Environmental Services
Division Administrator recommends that the Board of County Commissioners, Ex-Officio
the Governing Board of the Collier County Water-Sewer District, accept the water and
sewer facilities for Flamingo Fairways, and release the UPS to the Project Engineer or
the Developer's designated agent.
attachments
~-
Agenda Item No, 16A4
May 11, 2004
Page 2 of 4
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16M
Final acceptance of water & sewer utility facilities for Flamingo Fairways
Prepared By
5(11/20049:00:00 AM
Sherry Eaton
Community Development &
Environmental Services
Engineering Technician
Engineering Services
Approved By
Date
Thomas E. Kuck, P.E.
Community Development &
Environmental Services
CDES Engineering Services Director
CDES Engineering Services
4/16/200411 :21 AM
Date
Approved By
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
4/20/2004 9:23 AM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmenta' Services Admlnstrator
Date
Community Development &
Environmental Services Admin.
4/20120043:12 PM
Approved By
Date
Mark Isackson
County Manager's Office
Budget Analyst
Office of Management & Budget
513120049:35 AM
Date
Approved By
Michael Smykowskl
County Manager's Office
Management & Budget Director
Office of Management & Budget
5/5/20048:52 AM
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
515120049:18 AM
Agenda Item No. 16A4
May 11. 2004
Page 3 of 4
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LEGAL
DESCRIPTION:
Sections
Fairways
Plat
Book
36
Pages
87
88
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34,
and
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50,
Range
ç
26,
Flamingo
,,-
EXECUTIVE SUMMARY
Approval of one (1) impact fee reimbursement, totaling $41,600.05, due to
building permit cancellation
OBJECTIVE: Board of County Commissioners' approval of one (1) impact fee
reimbursement, due to the cancellation of Building Permit Number 2002092151 ,totaling
$41,600.05.
CONSIDERATIONS: Section 74-202 of Article II of Chapter 74 of the Collier County
Code of Laws and Ordinances, the Collier County Consolidated Impact Fee Ordinance,
200 1-13, as amended, provides for specific criteria and procedures for processing routine
and non-routine requests for impact fee reimbursements. Specifically, as set forth by
Section 74-202 (h) (5):
"All reimbursement requests totaling twenty-five thousand dollars ($25,000) or
more, cannot be approved administratively and must be submitted to the Board of
County Commissioners."
,-
The Impact Fee Section of Financial Administration and Housing at the Community
Development and Environmental Services Division received the following request for
reimbursement:
Kraft Construction Company Inc. ($41,600.05) - Permit Number 2002092151 for the
construction of a new Office building has been cancelled and will not be constructed at
this location, per the customer's letter (attached) therefore, the customer requests impact
fees paid on this permit be reimbursed. The dollar amount reflected in the customer's
request letter ($42,623.27) includes fees that are not related to impact fees and therefore
will not be covered by this reimbursement request The COlTect dollar amounts for each
of the impact fees to be reimbursed are reflected in the Fiscal Impact section below.
FISCAL IMPACT: The recommended Impact Fee reimbursements will be transacted
as debit entries against the applicable revenue budget line items in the following
amounts:
Road (District 1)
Jail
Emergency Medical Services
Total:
$30,656.35
$10,299.04
$ 644.66
$41,600.05
The request for reimbursement of Fire Impact Fees must be made directly to the North
Naples Fire District for review and consideration.
,.-..
Agenda Item No, 16A5
May 11 2004
Page 1 of 6
."..- ,. ",-~._,,_.",
Impact Fees Rcimburscmcnt- Kraft Construction
Page 2
GROWTH MANAGEMENT IMPACT: Remittance of the requested impact fee
reimbursement may adversely affect capital project funding for road construction due to
Transportation Impact Fee revenues being down from the previous fiscal year, however,
the Building Permit has been cancelled and construction will not commence, therefore a
reimbursement is due to the customer.
RECOMMENDATION: Board of County Commissioners' approval of the requested
impact fee reimbursement, totaling $41,600.05, and any related budget amendments that
may be required.
-
Agenda Item No. 16A5
May 11, 2004
Page 2 of 6
Item Number
,-
Item Summary
Meeting Date
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A5
Approval of one (1) impact fee reimbursement, totaling $41,600,05. due to
building permit cancellation - Amy Patterson, Impact Fee Manager
5/11/2004 9:00:00 AM
Impact Fee Manager
Prepared By
Amy Patterson
Community Development &
Environmental Services
Financial AdmIn. & Housing
Approved By
Financial Admin & Housing Director
Date
Denton Baker
Community Development &
Environmental Services
Financial Admin. & Housing
4120120044:27 PM
Appro~'ed By
Transportation Division Administrator
Date
Norm E. Feder, AICP
Transportion Services
Transportation Services Admin.
4120120043:03 PM
Accounting Supervisor
Date
Approved By
Sharon Newman
Transportion Services
Approved By
Transportation Administration
4120120042:59 PM
Joseph K. Schmitt
.-
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstralor
Date
Community Development &
Environmental Services Admin.
4120/20044:10 PM
Approved By
Assistant County Attorney
Date
Patrick G. While
County Manager's Office
County Attorney Office
4123/20046:10 PM
Senior ManagementiBudget Analyst
Date
Approved By
Susan Usher
County Manager's Office
Office of Management & Budget
4/26/20041:38 PM
Management & Budget DIrector
Date
Approved By
Michael Smykowskl
County Manager's Office
Office of Management & Budget
4/30/2004 8:32 AM
County Manager
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager's Office
51312004 4:36 PM
--
Agenda Item No. 16A5
May 11, 2004
Page 3 of 6
Official Receipt - Collier County Board of County Commissioners
CDPR1103 - Official Receipt
I.m i~~'üm ber
.- ----...... . - .. .
Date
jJM3J~O0312:01:2~_¡:>ryt
Post Date
10131,12003
Payment Slip Nbr
PT 2002092151
Address: 2235 VENETIAN CT
OWner: SCHRYVER TR, KENNEY COA #: 02-4561
Permit Type: BC3 Job Desc: OFFICE SPACEW/FUTURE TENANT BLD OUT
Applicant SHARON FRADD
DBA: KRAFT CONSTRUCTION CO., INC.
Swr Meter: NC VV\r Meter: CC
Payor: MORTONt KRAFT
Fee Information
J
I Fee ëodË! Tõ-ëscf.lPtjOD .,- ....- GLAccount
i42WSDC I WATER SYSTEM CHARGE 41127351134336000000
~42SSDC ! SEVVER SYSTE}~(ëHARGE --'~~' - 4132636'134356000000
08BCAI ¡ BLDG.CODE CERT, SURCHARGE 11300000020882000000
"O8BPNP ~ BlDGJ:~ERMITS -. ~~~.~.E.§, ...-- 1131389003'2:B1ÕOOOOO
DBEMSI EMS IMPACT FEES UNINC. 35014047036385000000
08FLNN ""'j:-'IRÊ< 1 MllLiON-NQ~.J.H NAPLES 113ÖÖOooci2D91010'OOOÕ..'
.--
08FPRF FIRE PLAN REVIEW FEE 1..1}QOOOOO2D91020DOO.o
08GOR1 015T 1 ROAD IMPACT FEE-GEN. OF 331 W;3§~Q~~36300000.o..n_-+-
08JAIL ,JAllIMPACTF,~E 3811104303638010000.0
08MF§.G ,MI.CROFllM S\JRCHARGE 1131389.003414420009.9
08NNIM NORTH N~.PlES FIRE !~P!>CT 1130.00.0.00209810000.0.0
08RDGS BLDG. PERMIT §~.R.CHARGE ., ,n.. _1130.00.0.002088.00000.0.0
CBBACR BLDG. PERMIT APP. FEE CREDIT 1131389.00322510000.00
08APPf--" FïRE PLAN ~.ç"YIEW APP FEE 11'3ÖÕÖ'ÕÖO20910Z0000Õ" ...
... -..
Total
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Amount: Waived
$O..oò-í""" ,,'
$0..001
541..08
,-~.E;?j.pO
$644.66
$464.32
$687.68
$3.0656.35
$10299..04
$123.24
......--.
$2464.89, ..,-_.. "
$41.08
$-4107.52
. --""..-$-371.48
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Collier County Board of County Commissioners
CD-Pfus for Windows 95/NT
Agenda Item No. 16A5
Printed: 1 :2M~uD$, ~9 PM
Page 4 of 6
I
-
Official Receipt - Collier County Board of County Commissioners
CDPR1103 - Official Receipt
Trans Number Date
!441872" ..- --.. ._--.10/311200312:01:24 PM
I Payment Code Account/Check Number
i CHE-CK--- 124~.. .. .. ..-
I CHECK---____.-.-.--- 53969
.-....--.--.--
Post Date
10/31/2003
Payments
--....-.- .-.
Memo:
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Collier County Board of County CommissiOl1ers
CD-Plus for Windows 95/NT
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A$~Ó~9~-1
$4262.3.27
$426.~~:g~1
Total Cash
Total Non-Cash
Total Paid
1"'$42674.251
Cashier/location: GARRETT _S t 1
User: POTTER- T
Agenda Item No. 16A5
Printed:12M~QO1,~9 PM
Page 5 of 6
November 5, 2003
:' :, .
Collier County Govcrnrnem
2800 Korth Horge~hoe Drive
Naples~ FL 34104
Re: Permit Number #2002092151
To Whom It May Concern:
c:; ~)V~ioned permit was picked up in error. 'The building covered under permit
002092151 'ill nOt be COD.'it.rucloo, as originally intended. Jnstead, Permit
#2002092159 was to be picked up.
As per my November 5, 2003 conversation with Theresa. KCCl can pick up Permit
#2002092159 and Collier County Government wll1 reimburse KCCI lor the $42;6B;~-~ ~
fees that were originally paid on Permit #2002092151. It is my understanding that KCCI
can expect the reimbursement check. in approximately 6-weeks.
. ". ( . t' ..-
Thank ycu for your continued cooperation. Please contact me at 455-2681, should you
requite aJ1Y additional information.
Sincerely,
Kraft Construction Company Inc.
~
Peter TufTo
Project Manager
VSS- ':.Lb?l
Agenda Item No. 16A5
.2606 Hor6eshc>'" LJroVY 5, . Naples. Flnric1a 34104 . (239) rt43-6000 . f¿¡)( (~~ J,t'J~
Q 1 ~-i:"i50 MGtJ'o Parkway> Suit"" 304. rort Myers. Flnridd 33912.1239) 5fJ1-S181 . Fox (2~gf8~;p;pr~
D10!5F:i h-lf ,,;..., 11; TI-~il N,. 5"'ri'tE;UL~. rlol'ida 342~~fl. (941) 330-B99U. F=MX (941) 330-8994
""w'Al. kraftconstrur::r-.inn. r.UITI
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EXECUTIVE SUMMARY
Final Acceptance Of Water Utility Facilities For St. John the Evangelist Catholic Church
OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of
the Collier County Water-Sewer District, to accept the conveyance of the water facilities.
CONSIDERATIONS:
1) The Developer of St. John the Evangelist Catholic Church, has constructed the water
facilities within dedicated easements to serve this development. See attached
location map,
2) Preliminary acceptance was approved by the Community Development and
Environmental Services staff on 1/19/1993, in accordance with Ordinance 2001-57, as
amended.
3) Staff has recorded all appropriate legal documentation which has been reviewed by
the County Attorney's office for legal sufficiency,
4) The water facilities have been operated and maintained by the Collier County Water-
Sewer District during the one (1) year warranty period.
5) A final inspection to examine for any defects in materials and workmanship was
conducted by the Community Development and Environmental Services Division staff
and found to be satisfactory,
6) The Utilities Performance Security (UPS), in the form of Letter of Credit No. SM-
33649-092, in the amount of $8,017.00, will be released to the Project Engineer or the
Developer's designated agent upon the Board's approval.
FISCAL IMPACT: The water facilities were constructed without cost to the Collier
County Water-Sewer District. The cost of operating and maintaining the water facilities
will be paid by monthly user revenues,
GROWTH MANAGEMENT IMPACT: This project has been connected to the County
Regional Water Treatment Plant. Capacity presently exists to serve this project.
RECOMMENDATION: The Community Development and Environmental Services
Division Administrator recommends that the Board of County Commissioners, Ex-Officio
the Governing Board of the Collier County Water-Sewer District, accept the water
facilities for 8t. John the Evangelist Catholic Church, and release the UPS to the Project
Engineer or the Developer's designated agent.
<-
Agenda Item No. 16A6
May 11, 2004
Page 1 of 3
< ., ,.-... -"". ". .
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
16A6
Item Summary
Final Acceptance Of Water Ut'¡ity Façilities For 5t John the Evangelist Catholic
Church
Meeting Date
5i11!2004 9:0000 AM
Approved By
Thomas E. Kuck, P.E.
CDES Engineering Services Director
Date
Community Development &
Environmental Services
CDES Engineering Services
4/16/20048:19 AM
Approved By
Paul Mattausch
Water Director
Date
Public Utilities
Water
4/191200411:32 AM
Approved By
Constance A. Johnson
Operations Analyst
Community Development &
Environmental Services Admin.
Date
Community Development &
Environmental Services
41261200410:45 AM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services
Community Development &
Environmental Services Admin.
41261200411:56 AM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
4/30/200412:38 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
4i30/2004 3:16 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
513120044:45 PM
Agenda Item No. 16A6
May 11, 2004
Page 2 of 3
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EXECUTIVE SUMMARY
Final Acceptance Of Water Utility Facilities For Golf Club of the Everglades
OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of
the Collier County Water-Sewer District, to accept the conveyance of the water facilities.
CONSIDERATIONS:
1) The Developer of Golf Club of the Everglades, has constructed the water facilities
within dedicated easements to serve this development. See attached location map.
2) Preliminary acceptance was approved by the Community Development and
Environmental Services staff on 10/17/00, in accordance with Ordinance 2001-57, as
amended,
3) Staff has recorded all appropriate legal documentation which has been reviewed by
the County Attorney's office for legal sufficiency.
4) The water facilities have been operated and maintained by the Collier County Water-
Sewer District during the one (1) year warranty period.
--
5) A final inspection to examine for any defects in materials and workmanship was
conducted by the Community Development and Environmental Services Division staff
and found to be satisfactory.
6) The Utilities Performance Security (UPS), in the form of a Cash Bond in the amount of
$3,838,00, will be released to the Project Engineer or the Developer's designated
agent upon the Board's approval.
FISCAL IMPACT: The water facilities were constructed without cost to the Collier
County Water-Sewer District. The cost of operating and maintaining th~ water facilities
will be paid by monthly user revenues.
GROWTH MANAGEMENT IMPACT: This project has been connected to the County
Regional Water Treatment Plant. Capacity presently exists to serve this project.
RECOMMENDATION: The Community Development and Environmental Services
Division Administrator recommends that the Board of County Commissioners, Ex-Officio
the Governing Board of the Collier County Water-Sewer District, accept the water
facilities for Golf Club of the Everglades, and release the UPS to the Project Engineer or
the Developer's designated agent.
~
Agenda Item No. 16A7
May 11, 2004
Page 1 of 3
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
16A7
Item Summary
Meeting Date
Final Acceptance Of Water Utility Facilities For Golf Club of the Everglades
5111/20049:00:00 AM
Approved By
Thomas E. Kuck, P.E.
CDES Engineering Services Director
Date
Community Development &
Environmental Services
CDES Engineering Services
4116/20048:20 AM
Approved By
Paul Mattausch
Water Director
Date
Public Utilities
Water
4/1912004 11:32 AM
Approved By
Constance A. Johnson
Operations Analyst
Community Development &
Environmental Services Admin.
Date
Community Development &
Environmental Services
4/26/200410:47 AM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services
Community Development &
Environmental Services Admin.
4/261200411:57 AM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
4/301200410:38 AM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
4/3012004 3: 18 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
51312004 4:47 PM
Agenda Item No. 16A7
May 11,2004
Page 2 of 3
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EXECUTIVE SUMMARY
Final Acceptance Of Water Utility Facilities For Naples Lake Country Club, Tract Three
OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of
the Collier County Water-Sewer District, to accept the conveyance of the water facilities.
CONSIDERATIONS:
1) The Developer of Naples Lake Country Club, Tract Three, has constructed the water
facilities within dedicated easements to serve this development. See attached
location map,
2) Preliminary acceptance was approved by the Community Development and
Environmental Services staff on 12/30/02, in accordance with Ordinance 2001-57, as
amended.
3) Staff has recorded all appropriate legal documentation which has been reviewed by
the County Attorney's office for legal sufficiency.
4) The water facilities have been operated and maintained by the Collier County Water-
Sewer District during the one (1) year warranty period.
-
5) A final inspection to examine for any defects in materials and workmanship was
conducted by the Community Development and Environmental Services Division staff
and found to be satisfactory,
6) The Utilities Performance Security (UPS), in the form of an Performance Bond No.
#929263275 or Cash Bond in the amount of $12,006.40, will be released to the
Project Engineer or the Developer's designated agent upon the Board's approval.
FISCAL IMPACT: The water facilities were constructed without cost to the Collier
County Water~Sewer District. The cost of operating and maintaining the water facilities
will be paid by monthly user revenues.
GROWTH MANAGEMENT IMPACT: This project has been connected to the County
Regional Water Treatment Plant. Capacity presently exists to serve this project.
RECOMMENDATION: The Community Development and Environmental Services
Division Administrator recommends that the Board of County Commissioners, Ex-Officio
the Governing Board of the Collier County Water-Sewer District, accept the water
facilities for Naples Lake Country Club, Tract Three, and release the UPS to the Project
Engineer or the Developer's designated agent.
-
Agenda Item No. 16A8
May 11, 2004
Page 1 of 3
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
16A8
Item Summary
Final Acceptance Of Water Utility Facilities For Naples Lake Country Club. Tract
Three.
Meeting Date
5/11!2004 9:0000 AM
Approved By
Paul Mattausch
Water Director
Date
Public Utilities
Water
4/19/200411:32 AM
Approved By
Thomas E. Kuck, P.E.
CDES Engineering Services Director
Date
Community Development &
Environmental Services
CDES Engineering Services
4/21/20049:34 AM
Approved By
Constance A. Johnson
Operations Analyst
Community Development /I.
Environmental Services Admin.
Date
Community Development &
Environmental Services
4/26/200410:48 AM
Approved By
Joseph K. Schmitt
Community Development /I.
Environmental Services Adminstrator
Date
Community Development &
Environmental Services
Community Development &
Environmental Services Admin.
4/261200411:58 AM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
5/3120049:37 AM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budge!
5151200412:11 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissióners
County Manager's Office
5151200412:49 PM
-
Agenda Item No. 16A8
May 11,2004
Page 2 of 3
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EXECUTIVE SUMMARY
Grant a waiver of Cormal competition for the construction of an artificial reef with a
total cost not to exceed $50,000.
OBJECTIVE: To expand the Wiggins Pass 3 mile artificial reef site.
CONSIDERATION: The Environmental Services Department has been awarded a state
grant for the construction of an artificial reef. The deadline for completion of the project
is June 15, 2004. Delays in the State's budget caused grant contracts to be sent to
grantees later than usual. To facilitate the timely construction of the project the
Environmental Services Department requests a waiver of formal competition in the best
interests of the County as provided for in the Purchasing Policy, Section V (A) 3. Quotes
for this project were solicited and are as follows:
Company Limestone
Misener Marine Construction, Inc. $149,32 per ton
McCulley Marine, Inc. $67.00 per ton
Kelly Brothers Inc. $58.00 per ton
Staff has reviewed the quotes received and recommends contract award to Kelly Brothers
Inc. - the lowest qualified and responsive contractor. The grant agreement requires two
written quotes for award of the contract.
-
FISCAL IMPACT: A total of $50,000 for this project was budgeted from a variety of
revenue sources:
State Grant
Boaters Registration Fees
City of Naples Matching Contribution
Total
$25,000
$12,500
$12,500
$50,000
GROWTII MANAGEMENT IMPACT: The grant money will support Objective 7.1
of the Conservation and Coastal Management Element of the County Growth
Management Plan.
RECOMMENDATION: That the BCC waive the competitive bidding process for this
project and award this contract to Kelly Brothers Inc. in an amount not to exceed
$50,000.
",--.
Agenda Item No. 16A9
May 11, 2004
Page 1 of 2
,".,---,-
Item Number
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A9
Item Summary
Grant a waiver of formal competition for the construction of an artificial reef with
Meeting Date
a total cost not to exceed S50,000
5/11/2004900:00 AM
Prepared By
Doug Suitor
Community Development &
Environmental Services
Senior Environmental Specialist
Environmental Services
Approved By
William D. lorenz, Jr., P.E.
Community Development &
Environmental Services
Environmental Services Director
Environmental Services
Date
Approved By
4/26/2004 2:22 PM
Steve Carnell
Administrative Services
Purchasing/General Svcs Director
Purchasing
Date
4/261200411:57 AM
Approved By
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
4i26/2004 10:17 AM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Community Development &
Environmental Services Admin.
Date
4/26/2004 2:49 PM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Office of Management & Budget
Date
4/30/200412:31 PM
'Approved By
Michael Smykowski
County Manager's Office
Management & Budget Director
Office of Management & Budget
Date
4/3012004 3:21 PM
Approved By
James V, Mudd
Board of County
Commissioners
County Manager
County Manager's Office
Date
5/4/200411:19 AM
-
Agenda Item No. 16A9
May 11, 2004
Page 2 of 2
"-"'-'-
,-
EXECUTIVE SUMMARY
Recommendation to approve a Commercial Excavation Permit (AR 3853) for
"Mirasol Flowway and Water Management Lakes ", located in Sections 10,
15, & 22, Township 48 South, Range 26 East: bounded on the north by Lee
County (Residential), on the west by Parklands pun, Terrafina PUD and land
zoned Agricultural, on the South by Immokalee Road and the Cocohatchee
Canal, and on the east by land zoned Agricultural and by the Heritage Bay
PUD
OBJECTIVE: To issue an excavation pennit to Mirasol Development, LL Communities,
Inc. for the project known as "The Mirasol Flowway" in accordance with County Ordinance No.
92- 73, Div. 3.5.
,-
CONSIDERA TIONS: The Petitioner proposes to excavate the water management system
for a project known as Mirasol. The Board of County Commissioners (BCC) approved the
Mirasol project (PUD 99-10) on April 24, 2001 as Ordinance 01-20. The Water Management
System is standard for projects of this type and size with a series of interconnected lakes
(approximately fifty) varying in size from an acre to almost 12 acres. The lake system handles
water quality retention and peak flow attenuation. Offsite flows will be routed through a wide,
shallow (200' wide, 4' deep) swale (man-made slough) running east to west through the northern
section of the site, and then into a slough running south through the Old Cypress Project that
outfalls to the Cocohatchee Canal. This offsite flow is from a very large basin to the north.
This project is being brought to the Board as a "Commercial Excavation" with no offsite hauling
to allow the developer to begin clearing and other necessary site preparation.
The South Horida Water Management District (SFWMD) has expressed a desire to see this work
completed as soon as possible for regional water management reasons. The Corps of Engineers
still has questions about some of the hydraulic calculations and estimates that their pennit might
be issued in 45 to 90 days if the calculations check out. The Corps has not objected to issuance
of the excavation permit as long as it contains a specific stipulation that absolutely no work can
be started until the Corps grants their permit.
Engineering Review Staff has no objection to the issuance of the permit with the stipulation that
the Corps permit must be in hand prior to commencement of clearing.
FISCAL IMPACT: The Community Development Fund, Development Services (131) has or
will receive $11,000.00 in revenues broken out as follows:
Application Fee
Yardage Fee
$ 1,000.00
10,000.00
$11,000.00
TOT AL FEES
~
1
Agenda Item No, 16A 10
May 11, 2004
Page 1 of 4
---.,-,.
...---,-.
-. " -" ." H'"
A security in the amount of $500,000 must be posted prior to permit issuance, and reporting and
inspection fees will be paid annually, Revegetation bonding will be computed by the
Environmental Review Services staff as needed,
GROWTH MANAGEMENT IMPACT: This excavation will have no growth management
impacts,
HISTORICAU ARCHAEOLOGICAL IMPACT: None
STAFF RECOMMENDA nONS: That the Board of County Commissioners approve the
issuance of a Commercial Excavation Pennit to Mirasol Development, LL Communities, Inc, for
the project known as "The Mirasol F1owway" with the following stipulations:
1. The Petitioner must set up a preconstruction conference with Engineering Review
Inspections prior to commencing clearing or other site construction. A copy of the Corps
of Engineers' pennit must be brought to the preconstruction conference,
2, The entire site must be cleared of exotics and maintained exotic-free in perpetuity.
3, The petitioner must have copies of required pennits from all involved local, state, and
Federal agencies prior to commencing
,-'.
4. Excavation activities including haul truck operation are only permitted from 6:30 AM
until 7:00 PM, Monday through Saturday,
5, Community Development and Environmental Services Engineering Review Inspections
Section will visit the site monthly to monitor the depth of the excavation. This is a new
procedure covered by a monthly inspection fee submitted with the yearly report.
-
2
Agenda Item No. 16A 10
May 11, 2004
Page 2 of 4
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A10
Recommendation to 2pprove a Commercial ExC2vation Permit (AR 3853) for
"Miraso! Flowway and Water Management Lakes ", located in section 10,15,
&22, Townsr,ip 48 South, Range 26 East bounded on the North by Lee County
(Residential). on the West by Park!ands PUD. Terrafma PUD, and land zoned
Agricultural, on tile South by Immokaiee Road and the Cocohatchee Canal. and
on the East by land zoned Agricultural and by the Heritage Bay PUD
5i11!2004 9:0000 AM
Prepared By
Stan Chrzanowski
Community Development &
Environmental Services
Engineering Review Manager
Engineering Services
Approved By
Date
Thomas E. Kuck, P.E,
Community Development &
Environmental Services
CDES Engineering Services Director
CDES Engineering Services
4i26!2004 4:05 PM
Constance A, Johnson
Date
Approved By
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin,
4129120049:59 AM
Apprond By
Joseph K. Schmitt
Community Development 8.
Environmental Services
Communily Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin,
4129120043:20 PM
Budget Analyst
Date
Approv'ed B}'
Mark isackson
County Manager's Office
Office of Management & Budget
4;301200411:20 AM
Date
Approved By
Michael Smykowski
County Manager's Office
Management & Budget Director
Office of Management & Budget
4/30120043:26 PM
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
5;312004 4:54 PM
Agenda Item No, 16A10
May 11, 2004
Page 3 of 4
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-
EXECUTIVE SUMMARY
Quarterly Report to the Collier County Board of County Commissioners on the activities related
to the Job Creation Investment Program and the Advanced Broadband Infrastructure
Investment Program.
OBJECTIVE: Provide the Board of County Commissioners the required Quarterly Report on the
status, activities and economic impacts of the Job Creation Investment Program and the Advanced
Broadband Infrastructure Investment Program as set forth as requirements of the programs.
CONSIDERATIONS: On November 18, 2003, the Board of County Commissioner adopted
Ordinance No.2003-59 and No. 2003-60, which established the Advanced Broadband Infrastructure
Investment Program and the Job Creation Investment Program, respectively. The Job Creation
Investment Program is available to targeted high-wage companies that desire to relocate or expand
within specified areas of Collier County. The program is designed to reduce the economic effects of
increased development fees as well as relocation and/or expansion costs. The Program has specific
eligibility requirements induding the number of full-time jobs to be created and retained, the average
wage of the jobs, timing of the jobs being in place and the type of business being proposed.
.--.
The Advanced Broadband Infrastructure Investment Program is designed to encourage private sector
investment in broadband technology thereby enhancing Collier County's economic diversification
efforts for expanding or relocating businesses. In order to be eligible for the broadband program the
applicant must meet the following criteria: 1) be located on commercially or industrially zoned land in
Collier County and (a) construct a new commercial or industrial development for the purpose of
leasing or selling those parcels of land; or (b) construct a new building or renovate an existing
building; and (2) the business owner uses or leases such development or building which is proposed to
contain broadband infrastructures.
A requirement of the programs outlined above is the presentation of a Quarterly Report to the Board of
County Commissioners regarding the status, activities and economic impacts of the programs. The
first Quarterly Report covers the quarter beginning upon adoption of the Ordinances of November 18,
2003 through February 18, 2004.
,-
On December 15,2003 March Perfonnance, Inc. submitted an application to be considered for the Job
Creation Investment Program. March Perfonnance Inc. designs and manufactures precision
automobile parts. The operation is cUITently located in Westland, Michigan and is contemplating
relocation to the North Naples Research and Technology Park. March Performance, Inc. meets and
exceeds all of the Job Creation Investment Program requirements set forth by Ordinance No. 2003-60
as a High Impact Targeted Industry and will be creating forty (40) new jobs in Collier County at an
average wage of $54,570. The company is also proposing a capital investment of $3.75 million.
March Perfonnance will also be participating in the State of Florida Qualifying Targeted Industry
(QTI) tax incentive program therefore the company will be eligible for $1,000 per new job created
through the Job Creation Investment Program. March Performance Inc. is eligible for $40,000 in
Collier County incentive funds, to be paid in equal payments over three consecutive years.
Agenda Item No. 16A 11
May 11, 2004
Page 1 of 5
'"--
".-,-.." -....-,..'"
, """""""'-"-"""~-'-
Broadband/Job Creation Quarterly Report
Page 2.
The Board of County Commissioners approved the Program application on April 13,2004 under Item
16 (A) 13 on the consent agenda. Staff is preparing the Job Creation Investment Program Agreement
that will be reviewed by the County Attorney's Office for legal sufficiency and will be signed by a
designee from March Performance and by the County Manager on behalf of Collier County. The
Agreement will be recorded in the Official Records of Collier County and provides for the terms
applicable to the specified funds, including transfer, conveyance, etc., and default provisions.
There were no applications to the Advanced Broadband Infrastructure Investment Program during the
quarter specified in this report.
FISCAL IMPACT: The Economic Incentive package that was approved by the Board of County
Commissioners on November 18, 2003, which includes the Job Creation and Broadband programs, is
budgeted in full. March Performance has requested $40,000 of incentive funds, to be paid in equal
amounts over three years, which represents forty new jobs to be in place on or before June 30, 2005.
The capital investment related to this project is estimated to be $3,250,000. A combination of March
Performance's wages paid and capital investment is expected to generate direct local economic impacts
at a minimum of $3.8 million.
GROWTH MANAGEMENT IMPACT: The programs outlined above are consistent with the
Economic Element of the Growth Management Plan, specifically Objective 1.3 that states: "Collier
County will support programs which are designed to promote and encourage the recruitment of new
industry as well as the expansion and retention of existing industries in order to diversity the County's
economic base."
STAFF RECOMMENDATION: The Board of County Commissioners accept the Quarterly Report
regarding the status, activities and economic impacts to the Job Creation Investment Program and the
Advanced Broadband Infrastructure Investment Program for the period of November 18,2003 through
February 18,2004. .
Agenda Item No. 16A 11
May 11, 2004
Page 2 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
-
Item Number
16A11
Item Summary
Quarterly Report to the Collier County Board of County Commissioners on the
activities related to the Job Creation Investment Program and the Advanced
Broadband Infrastructure Investment Program
Meeting Date
5111/20049:00:00 AM
Prepared By
Amy Patterson
Impact Fee Manager
Community Development &
Environmental Services
Financial Admin. & Housing
Approved By
Denton Baker
Financial Admin & Housing Director
Date
Community Development &
Environmental Services
Financial Admin. & Housing
4129/2004 3:16 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services
Community Development &
Environmental Services Admin.
4129/20043:35 PM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
4130/2004 2:52 PM
.--
Approved By
Michael Smykowski
Management &' Budget Director
Date
County Manager's Office
Office of Management & Budget
4130/20043:23 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
513/2004 4:58 PM
--
Agenda Item No. 16A 11
May 11,2004
Page 3 of 5
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EXECUTIVESU~ARY
Recommendation by the Community Redevelopment Agency that the Board of
County Commissioners of Collier County, Florida, to Amend the Immokalee
Redevelopment Area Plan As Necessary to Allow for Additional Residential and
Economic Incentive Programs.
OBJECTIVE: Recommendation by the Community Redevelopment Agency to the
Board of County Commissioners (BCC) to amend the Immokalee Redevelopment Area
Plan as necessary to allow for additional residential and economic incentive programs.
CONSIDERATIONS: On March 14,2000 the Board of County Commissioners adopted
Resolution 2000-82, determining that two areas in unincorporated Collier County-the
Bayshore/Gateway Triangle area and the lmmokalee area-suffered from conditions of
blight, as defined in Section 163.340 (8) of Florida Statutes. According to Ù1e Board, Ù1e
rehabilitation, conservation or redevelopment of these areas, or a combination thereof,
was necessary in Ù1e interest of Ù1e public healÙ1, safety, morals or welfare of the
residents of Collier County.
..-.-
As a result of this fmding, Resolution 2000-83 was adopted, establishing the Collier
County Community Redevelopment Agency (CRA) , which, in accordance with Section
163,357 of Florida Statutes, declared the Board of County Commissioners as Ù1e CRA
Board. This resolution also provided for the l:reation of two advisory boards for each of
the newly designated community redevelopment areas, which were to be composed of
citizens, residents, property owners and business owners (or persons engaged in business)
in these areas.
On May 23, 2000 the Collier County CRA met for the first time. As required by State
Statute, a redevelopment plan that provided a framework for the effective redevelopment
of the Community Redevelopment Area was eventually prepared and presented to the
Collier County Planning Commission, the CRA Board, and the Board of County
Commissioners. The BCC adopted the Collier County Community Redevelopment Plan,
as set forth in Resolution 2000-181, on June 13,2000. The Plan outlined goals for each
community redevelopment area and recognized several funding sources for their
implementation, including the use of Tax Increment Financing (TIP).
On November 18,2003, the BCC approved the Residential Impact Fee DefeITal Program,
the Fee Payment Assistance Program, the Property Tax Stimulus Program, the Broadband
Infrastructure Program and the Job Creation Program. On December 3, 2003, the
Immokalee Local Redevelopment Advisory Board met and recommended that the
Immokalee Redevelopment Area Plan be amended to allow for the aforementioned
residential and economic incentive programs, as well as any additional residential and
economic incentive programs.
,,-..
Agenda Item No. 16A12
May 11, 2004
Page 1 of 3
""..."--,_.,,.'
FISCAL IMPACT: Presently, all ad valorem tax increments for properties contained
within the Immokalee Community Redevelopment Area are deposited into the County's
general ad valorem fund.
GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of
the Growth Management Plan states that redevelopment plans may be developed for
specific areas within the County that may consider alternative land use plans,
modifications to development standards, and incentives to encourage redevelopment.
ADVISORY BOARD RECOMMENDATION: As previously stated, the Immokalee
Local Redevelopment Advisory Board met on December 3, 2003 to recommend that the
Immokalee Redevelopment Area Plan be amended to allow for the aforementioned
residential and economic incentive programs, as well as any additional residential and
economic incentive programs.
STAFF RECOMMENDATION: Comprehensive Planning recommends that the CRA
recommend to the BCC that the Immokalee Redevelopment Area Plan be amended to
allow for the aforementioned residential and economic incentive programs, as well as any
additional residential and economic incentive programs,
.-'
..-.
Agenda Item No. 16A 12
May 11, 2004
Page 2 of 3
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16M2
The Board of County Commissioners sitting as the Community Redevelopment
Agency Recommendation by the Community Redevelopment Agency that the
Board of County Commissioners of Collier County. Florida. to amend the
Immokalee Redevelopment Area Plan as necessary to allow for additional
residential and economic incentive programs.
5111/20049:00:00 AM
Senior Planner
Prepared By
John-David Moss
Community Development &
Environmental Services
Comprehensive Planning
Approved By
Randall J. Cohen
Community Development &
Environmental Services
Commuinty Planning and
Redevelopment Manager
Date
Comprehensive Planning
4129120048:08 AM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Admlnstrator
Date
Community Development &
Environmental Services Admin.
4130120042:33 PM
Date
Approved By
Stan litsinger
Community Development &
Environmental Services
Comprehensive Planning Director
Comprehensive Planning
4;30120041:57 PM
Approved By
Date
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
4130120041:44 PM
Date
Appro,'ed By
Mark Isackson
County Manager's Office
Budget Analyst
Office of Management & Budget
5111200411:31 AM
Date
Approved By
Michael Smykowski
County Manager's Office
Management & Budget Director
Office of Management & Budget
51512004 8:06 AM
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
51512004 8:40 AM
",-.
Agenda Item No. 16A12
May 11, 2004
Page 3 of 3
,,-
EXECUTIVE SUMMARY
Recommendation by the Community Redevelopment Agency that the Board of
County Commissioners of Collier County, Florida, Expand the Boundaries of the
Imrnokalee Community Redevelopment Area.
OBJECTIVE: Recommendation by the Community Redevelopment Agency to the
Board of County Comrrrissioners (BCC) to expand the boundaries of the lmmokalee
Community Redevelopment Area,
CONSIDERATIONS: On March 14,2000 the Board of County Commissioners adopted
Resolution 2000-82, detennining that two areas in unincorporated Collier County-the
Bayshore/Gateway Triangle area and the Immokalee area-suffered from conditions of
blight, as defined in Section 163.340 (8) of Florida Statutes. According to the Board, the
rehabilitation, conservation or redevelopment of these areas, or a combination thereof,
was necessary in the interest of the public health, safety, morals or welfare of the
residents of Collier County.
~
As a result of this finding, Resolution 2000-83 was adopted, establishing the Collier
County Community Redevelopment Agency (CRA), which, in accordance with Section
163.357 of Florida Statutes, declared the Board of County Commissioners as the CRA
Board. This resolution also provided for the creation of two advisory boards for each of
the newly designated community redevelopment areas, which were to be composed of
citizens, residents, property owners and business owners (or persons engaged in business)
in these areas.
Four years after its creation, on March 26, 2004, the Immokalee Local Redevelopment
Advisory Board met and recommended the expansion of the boundaries of the
Immokalee Community Redevelopment Area, as set forth in Exhibit A (a legal
description of the areas proposed for inclusion will be provided to the BCC). In
accordance with Section 163.340 (8), Florida Statutes, areas may only be declared
"blighted," and thereby qualify for CRA status, if they meet at least two of the 14
statutory criteria for blight. Based upon a subsequent review of the areas proposed by the
Advisory Board for inclusion within the Immokalee Community Redevelopment Area
(depicted as hatched areas in Exhibit A), Staff found that the following existing
conditions met the statutory criteria for "blight":
. A faulty and inadequate lot layout in relation to size, adequacy, accessibility, or
usefulness; and
. The aggregate assessed values of real property in the area for ad valorem tax
purposes have failed to show any appreciable increase over the past five year; and
. There is inadequate and outdated building density patterns; and
. There are unsanitary and unsafe conditions; and
. There has been a deterioration of site and other improvements.
.-..
On April 13, Staff presented and the BCC approved several economic incentives that
Agenda Item No. 16A 13
May 11, 2004
Page 1 of 4
n____n
were recommended by the lmmokalee Local Redevelopment Advisory Board. The
adopted economic incentives will be utilized within the areas of the CRA proposed for
expansion,
FISCAL IMPACT: Presently, all ad valorem taxes for properties contained in the
proposed new areas are deposited into the County's general fund, However, if the
proposed Resolution is adopted by the BCC, once the appraised property values for the
base tax year are established, an future ad valorem tax increments will be deposited into
the Immokalee CRA fund (186) rather than the County's general fund.
GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of
the Growth Management Plan states that redevelopment plans may be developed for
specific areas within the County that may consider alternative land use plans,
modifications to development standards, and incentives to encourage redevelopment.
ADVISORY BOARD RECOMMENDATION: As previously stated, the lmrnokalee
Local Redevelopment Advisory Board met on March 26, 2004 to recommend an
expansion of the boundaries of the CRA to incorporate the adjacent areas depicted as
hatched areas in Exhibit A.
--
STAFF RECOMMENDATION: Because of the presence of blighted conditions (as
defined in Section 163.340 (8), Florida Statutes) in areas contiguous to the existing
Immokalee Redevelopment Area, Comprehensive Planning recommends that the CRA
recommend to the BCC the expansion of the boundaries of the Immokalee
Redevelopment Area to incorporate the areas depicted with hatched marks in Exhibit A.
Expansion of the Redevelopment Area is in the interest of the public health, safety,
morals or welfare of the residents of Collier County, Florida.
.-.
Agenda Item No. 16A 13
May 11, 2004
Page 2 of 4
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16M3
The Board of County Commissioners sitting as the Community Redevelopment
Agency Recommendation by the Community Redevelopment Agency that the
Board of County Commissioners of Collier County, Florida. Expand the
Boundaries of the Immokalee Community Redevelopment Area.
5/11/20049:00:00 AM
Senior Planner
Prepared By
John-David Moss
Community Development &
Environmental Services
Approved By
Comprehensive Planning
Randall J. Cohen
Community Development &
Environmental Services
Commuinty Planning and
Redevelopment Manager
Date
Comprehensive Planning
4/29/2004 8:07 AM
Date
Approved By
Stan Litsinger
Community Development &
Environmental Services
Comprehensive Planning Director
Comprehensive Planning
4130/20041:57 PM
Approved By
Date
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
413012004 2:26 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
4130/2004 2:32 PM
Mark Isackson
Date
Appro~'ed By
County Manager's Office
Budget Analyst
Office of Management & Budget
5/11200411:23AM
Approved By
Date
Michael Smykowski
County Manager's OffIce
Management & Budget Director
Office of Management & Budget
5/312004 10:54 AM
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
513120045:31 PM
Agenda Item No. 16A13
May 11,2004
Page 3 of 4
Existing & Proposed Community Redevelopment Area
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:::1 Community Redevelopment Area
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Created By CDES G,.ph~s GIS D IProtecl&,Plen"",.tmrro"-CRAlexpending,lmrro,,-CRA mxd J'M 4,Q4
Exhibit A
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W+~geJ1da I~~m Nr;>. 16A 13 2
PvIBY I I, L8B-!- Mites
S Page 4 of 4
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EXECUTIVE SUMMARY
Board of County Commissioner's termination of Contract # 02-3317
with Henderson, Young and Company for the Correctional Facilities
Impact Fee Update Study
OBJECTIVE: Tennination of Contract # 02-3317 with Henderson, Young and
Company (HY &Co.), for the Correctional Facilities Impact Fee Update Study due to
continuous failure to meet the required schedule for completion of the Tasks indicated in
the specified contract.
CONSIDERATIONS: The Request for Proposal (RFP) for this contract was issued in
accordance with Florida State Statute 287,055, the Consultant Competitive Negotiation
Act and was publicly advertised on October 31, 2001. A selection committee was named
and a meeting was held on December 4,2001. After review and discussion the consensus
of the members was to place Henderson, Young and Company as the number one ranked
fmn for award of the contract. The Board of County Commissioners subsequently
approved the contract, which then became effective on January 22, 2002.
,-
Additionally, as part of the considerations presented to the Board of County
Commissioners regarding the contract was the commitment to an accelerated completion
schedule for the study in order to comply with the requirements of the Comer County
Consolidated Impact Fee Ordinance, as amended, which sets forth the requirement for
impact fee rates to be studied and reviewed at least every three years, The original
Correctional Facilities Impact Fee Ordinance was adopted in June of 1999 and has never
been updated.
Since the award of the contract, HY & Co. has been unable to timely comply with the
schedule specifications and outlined tasks of the contract, notwithstanding staff having
regularly corresponded with HY &Co. in order to facilitate the working relationship and
to offer to assist in completion of the work product.
FISCAL IMPACT: The fiscal impact associated to this request is $15,975.00 that was
paid for services rendered under the specified contract, which was for a total amount of
$25,000. Comer County is entitled to receive all of the data and work products related to
this contract, however, and staff will immediately request that all such materials be
provided to Co1lier County and evaluate the value of the materials received. If the value
received is not commensurate with the amount paid to date, staff will pursue all available
remedies.
---
Agenda Item No. 16A14
May 11, 2004
Page 1 of 3
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Contract #02-3317
Page 2
GROWTH MANAGEMENT IMPACT:
associated with this request.
There is no growth management impact
RECOMMENDATION: It is recommended that the Board of County Commissioners
terminate Contract #02-3317 with Henderson, Young and Company and direct staff to
immediately request a11 information and work products related to this contract be
forwarded to the County.
Staff will return to the Board of County Commissioners at the next scheduled regular
meeting with recommendations for the continuation of the Correctional Facilities Impact
Fee Update Study in order to comply with the update requirements set forth by Section
74 the Collier County Code of Laws and Ordinances, otherwise known as the Collier
County Consolidated Impact Fee Ordinance, 2001-13, as amended,
<-"
.--
Agenda Item No. 16A14
May 11, 2004
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
16Ai4
Item Summary
Board of County Commissioner's termination of Contract # 02-3317 with
Henderson. Young and Company for the Correctional Facilities Impact Fee
Update Study
Meeting Date
5i1112004 9:00:00 AM
Prepared By
Amy Patterson
Community Development &
Environmental Services
Impact Fee Manager
Financial Admin. & Housing
Approved By
Denton Baker
Financial Admin & Housing Director
Date
Community Development &
Environmental Services
FInancial Admin. & Housing
4129/2004 3:20 PM
Approved By
Kelsey Ward
Senior Purchasing and Contracts
Agent
Date
Administrative Services
Purchasing
4/2912004 8:59 AM
Approved By
Patrick G. White
Assistant County Attorney
Date
County Manager's Office
County Attorney Office
4/3012004 8:40 AM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services
Community Development &
Environmental Services Admin.
4130/20043:52 PM
Approved By
Susan Usher
Senior ManagementlBudget Analyst
Date
County Manager's Office
Office of Management & Budget
51112004 5:54 PM
Approved By
Michael Smykowskl
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
513/200410:50 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
513/2004 5:00 PM
Agenda Item No. 16A14
May 11, 2004
Page 3 of 3
~,,--
--
EXECUTIVE SUMMARY
To adopt a standard for bus shelters for the Public Transportation Program
OBJECTIVE: To obtain approval from the Board of County Commissioners to approve
staff s recommendation of standards for the placement of bus shelters within the public
right-of-way,
CONSIDERATIONS: The County has established a Public Transportation Program that
requires support facilities, such as bus shelters to be placed within the public right-of-
way, There are no current County standards for placement of such facilities within the
public rights-of-way,
Staff has researched this issue and finds that there are few such guidelines readily
available. However, the FDOT has done some work in this area. Staff contacted FDOT
and has obtained a publication entitled "District 4 Transit Facilities Guidelines", April
2002. This publication addresses transit facilities, including the placement of shelters
within the public rights-of-way. Staff recommends that the County adopt Table 4 in
Guidelines for Placement of Bus Stop Shelters
-
FISCAL IMPACT: There will be no Fiscal Impact with this adoption.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners approve staff's
recommendation for the placement of Bus Shelters.
,-..
Agenda Item No, 1681
May 11, 2004
Page 1 of 3
.-.-.
.-,---,,'.-"""
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1681
To adopt a standard for bus shelters for the public transportation program.
51111200490000AM
Prepared By
Val Prince
Transportion Services
Project Manager
Traffic Operations! i\TM
Approved By
Date
Jill M. Brown
Transportion Services
Public Transportation Planner
Traffic Operationsl ATM
4!14/2004 2:32 PM
Approved By
Date
Val Prince
Transportion Services
Project Manager
Traffic Operations! ATM
4/20/2004 3:40 PM
Approved By
Date
Edward J. Kant, P.E.
Transportion Services
Transportation Operations Director
Approved By
Transportation Operations
4120120043:51 PM
Diane B. Flagg
Transportion Services
Traffic Operations and Aft Trans
Modes Director
Date
Traffic Operations! A TM
4120/2004 3:32 PM
Approved By
Date
Diane Perryman
Transportion Services
Executive Secretary
Transportation Services Admin.
4;2012004 4:00 PM
Date
Approved By
Sharon Newman
Transportion Services
Accounting Supervisor
Transportation Administration
4126/20041:17 PM
Date
Approved By
Norm E. Feder, AICP
Transportion Services
Transportation Division Administrator
Transportation Services Admin.
4/271200411:21 AM
Approved By
Date
Pat Lehnhard
County Manager's Office
Administrative Assistant
Office of Management & Budget
4129120043:10 PM
Date
Approved By
Michael Smykowski
County Manager's Office
Management & Budget Director
Office of Management & Budget
51412004 8:39 AM
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
51412004 11 :40 AM
Agenda Item No. 1681
May 11, 2004
Page 2 of 3
Transit Facilities Guidelines
Shelter location will vary depending on space availability, utility placement, passenger
counts and operator visibility needs. Shelters should have a minimum 5-foot setback from
the street. Guidelines for the placement of bus stop shelters are provided in Table 4.
Table 4. Guidelines for Placement of Bus Stop Shelters
I 1. Transit bus shelters shall be located a minimum of 12-feet from the intersection
as measured along the tangent line of the road beginning at the point of intersection
of the radius of the connectin~ road and tangent to the road,
2. Shelters are prohibited in medians and on limited access roads.
3. Shelters shall not be located within IS feet of any fire hydrant or disabled parking
space.
4. A shelter shall not obstruct any sidewalk, bike path, pedestrian path, driveway,
drainage structure, or ditch, etc. At least 3-feet of clearance for pedestrian traffic
shall be maintained.
\ S. Bus stop shelters should not be placed in the 5-foot by 8-foot wheelchair landing
pad.
6. Shelter location and design is subject to ADA mobility clearance guidelines,
Chapter 14-20 of the Florida Administrative Code, and any applicable Federal, State,
or local building code.
7. Locating shelters directly on the sidewalk or overhanging a nearby sidewalk
should be avoided if general pedestrian traffic flow is blocked or restricted A
minimum clearance of 3-feet should be maintained between the shelter and an
adjacent sidewalk. Greater clearance is preferred in high pedestrian volume
locations.
, . .
- .
8. To penrut clear passage of the bus and Its sIde ffilITOr, a ffilmmum dIstance of 2 I
feet should be maintained between the face of the curb and the roof or panels of the
shelter. Greater distances are preferred to separate waiting passengers ftom nearby
vehicular traffic.
9. The shelter should be located as close as possible to the downstream end of the
bus stop zone to maximize visibility for approaching buses and passing traffic and to
reduce the walkin distance from the shelter to the bus.
10. Placing bus stop shelters in cront of store windows should be avoided when
possible to limit interference with advertisements and displays. Blocking the
window of a store can increase the ossibilit of vandalism.
11. When shelters are directly adjacent to a building, a 12-inch clear space should be
reserved to ermit trash removal or cleanin of the shelter.
12. Shelter installations must provide a clear opening between the structure and the
ground or foundation to facilitate c1eanin and removal of debris.
18
Agenda Item No. 1681
May 11, 2004
Page 3 of 3
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EXECUTIVE SUMMARY
,,-
Approve three work orders and one supplemental work order for the Forest Lakes
Roadway and Drainage MSTU to Quality Enterprises lJSA, Inc., to Mitchell and Stark
Construction, to Kyle Construction Inc., in the total project amount of $667,470.00.
OBJECTIVE: For the Board to approve Work Orders to Quality Enterpriscs USA, Inc., to
Mitchel1 and Stark Construction, and to Kyle Construction Inc., for stom1 water related
construction improvements within Forest Lakes Roadway and Drainage MSTU under the
"Annual Contract for Underground Utilities Contracting Services" RFP #04-3535, having BCC
approval date of March 9, 2004, Agenda Item 16 E - 6.
CONSIDERATION: On March 19, 2004, the Forest Lakes Roadway and Drainage MSTU's
Storm Water Design Engineer Wilson Miller Inc., completed Plans and Specifications for the
Forest Lakes MSTU 1mplemcntation Work Plan Phase I, which was approved by the MSTU
Advisory Committee on December 17, 2003. This Implementation Work Plan Phase 1
imp1cments the first phase of a multi-phased approach to address the overall Forest Lakes Stonn
Water Master Plan issues.
In accordance with RFP #04-3535 - "Annual Contract for Underground Utility Contracting
Services" and Purchasing Policies, staff has met with the Firn1s from the approved list of
Contractors and requested thcir quotes.
-
On March 30 2004, April 1, 2004, and April 6, 2004, all quotes were received and/or opened by
Purchasing Stafr. The quotes included a Base Quote and also Alternate Bid Items for additional
construction services, to be considered if cost effective.
County Staff and the Project Engineer from Wilson Miller Inc., reviewed all quotes received and
has recommended to the MSTU Advisory Committee the CIOn having the lowest quote for each of
the three quotes to be issued a Work Order.
On April 8, 2004, all quotes reccived for the Implementation Work Plan Phase 1 construction,
were reviewed by the Forest Lakes Roadway and Drainage Advisory Committee. The Committee
recommended for approval Work Orders to be issued to the following finns having the lowest
Tasks quotes:
Quality Enterprises USA, Inc., W.O.
Mitchell and Stark Construction W.O.
Kyle Construction Inc. W.O.
Supplemcntal W.O.
for Quote 1
for Quote 2
for Quote 3
for Quote 3
in the amount of $ 68,825.00
in the amount of $251,360.00
in the amount of $139,925.00
in the amount of $207,360.00
All Totaling $667,470.00
As to Quote 1, the Forest Lakes MSTU committee approved items to be deleted from this quote,
(see attached work orders) because it would exceed the budget for this FY. As to Quote 3, the
Committee further discussed the Kyle Construction lnc" discount of five percent (5%) if some
Tasks could be delayed until the next dry season. The Committee recommends that Tasks totaling
$207,360.00 be delayed until after October 2004 in order to take advantage of the discount
totaling $10,368.00 (as shown on the work orders). In addition, this amount is subject to
appropriations in FY 04/05 budget.
-
Agenda Item 16B2
May 11, 2004
Page 1 of 20
Executive Summary
Fund 155 Forest Lakes Roadway and Drainage MSTU
Page 2 of 2
FISCAL IMPACT: The Implementation Work Plan Phase I costs have been al1ocated in the
Forest Lakes Roadway and Drainage MSTU Fund 155 for FY 03/04 for all expenses related to
Quote I Tasks and Quote 2 Tasks. For the Quote 3 Tasks totaling $139.925.00 will also be
utilized during FY 03/04 with the uncompleted Tasks totaling $207,360.00 to be encumbered
during FY 04/05 when funds become available.
GROWTH MANAGEMENT Il\iIPACT: There is no growth management impacl.
RECOMMENDATION: Thalthe Board approve the Work Order for Quote I, Quote 2, and
Quote 3 for FY 03/04 StOffi1 Water Tasks for the Forest Lakes Roadway and Drainage MSTU in
the total amounts of $460,110.00.
Also, at this timc the Board authorizes approval of a Supplemental Work Order for Quote 3 for
FY 04/05 in the amount of $207,360.00 pending new MSTU FY availablc funds.
--
The amounts indicated above includes the Base Quote and Add Alternates to the lowest firnl
quoted for Quote 1, being Quality Enterprises USA, Inc., Quote 2, being Mitchell and Stark
Construction, and Quote 3, being Kyle Construction Inc., all linns arc under the "Annual
Contract for Underground Utilities Contracting Services" RFP #04-3535,
After approval by the County Attorney and on behalf of the Board of County Commissioners
authorize the Transportation Administrator to execute the Work Orders for FY 03/04 and
Supplemental Work Order for FY 04/05 subjœtto FY 04/05 available MSTU FundI).
~".
Agenda Item 1682
May 11, 2004
Page 2 of 20
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
,-
Item Number
1682
Item Summary
",..pprove three work orÖers a,..d one supplemental Work Order ror the Forest
I_akes Road...."y and Drainage ~,,'STU to Quality Enterprises USA inc. To
~'1itchell and Stark Construction to Kyle Constrllction Inc. in the total project
amount of 5667,470.00
Meeting Date
5/11/2004 900:00 AM
Prepared By
Val Prince
Project Manager
Transportion Services
Traffic Operations! ATM
Approved By
Diane B. Flagg
Traffic Operations and Alt Trans
Modes Director
Date
Transportion Services
Traffic Operationsl A TM
4/20120043:31 PM
Approved By
Diane Perryman
Executive Secretary
Date
Transportion Services
Transportation Services Admin.
4120120044:01 PM
Approved By
Val Prince
Project Manager
Date
Transportion Services
Traffic Operationsl A TM
4120120043:41 PM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportion Services
Transportation Administration
4120i2004 3:41 PM
Approved By
Steve Carnell
Purchasing/General Svcs Director
Date
Administrative Services
Purchasing
4120/20043:40 PM
Approved By
Linda Jackson
Contracts Agent
Date
Administrative Services
Purchasing
4/2012004 3:45 PM
Approved By
Norm E. Feder. AICP
Transportation Division Administrator
Date
Transportion Services
Transportation Services Admin
4f27/200411:26AM
Approved By
Pat Lehnhard
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
4i2912004 3:13 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Mar.ager's Office
Office of Management & Budget
5/4/20041:19 PM
Appro,'ed By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
5i4!2004 1 :25 PM
Agenda Item 1 CO2
May 11. 2004
Page 3 of 20
239 435 7202.
Mar-aO-04 3:45PU¡
Page 3/3
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Qual~~Y £nC&~riae9 USA. In
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Forest Lakes Phase 1 Dralnage'Improvements
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Quote 1 . Tasks 3, '7, 8 and 10
OESCR1PT\ON
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Total for Task 7
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Total for TMk .
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Desilt TwIn CMP eutvects
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Agenda.ltem 14~'
May 11, 2004
. Page 4 of.~'20
239 435 7202;
Uar-30-04 3:45PU;
Page 2/3
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Agenda Item 1tB2
May 11 2004
Page 5 of 20
3
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Forest Lakes Phase 1 DraInage Improvements
Quote 2 - Tasks 4J 5 and 6
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Total for Task 3
SCHEDUlED VALUE
I aUANTI1Y UNIT UNIT PRIcer SUSTOT AL
FOREST LAKES CLUBHouse STOJ:tM SEWER EXTENSION
. 104 LF /ú,,{).1!D IloføVo.oO
140 LF .J.$6~t:ë ').. \ o~ ,.' ~.
1 EA tl'u~t\o ..t.t 261h~'
,1 EA ,J6Þ,cf1) ~iðd,~.
1 LS 100. ða '., Iot.-.d
1 LS 1. (OIÞ..CO -ú----
1 EA ~.,....nD ~CÐC».~
La.tø 0 '(o ~
TASK ITEM
NO, NO.
DESCRlPTlON
4"
4.1 30" RCP -
4.2 18- RCP --
4.3 Type D Inlet
4.4 RBi" 1 TVÞa C Inlõrt.
4.6 Fill ExJstfna4' SWate
4.8 Remove Rock and Debñs
4.7 . 30" HaeMall
5
SWALE #18 REGRADING
2000 Lf
164 LF
1 EA
720 LF
1ð EA
1 EA
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oS, 00
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Total for Task 5
II J i.Þ 01;>
Alternate BId Item
I ASI 136" A-2000 PVC Storm PIpe -
164 ~..., "7 I ').., ~ o:>.g I
R fade Swala .
TotaJ for Task 15
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Tota! for All TuJca
Qs r 3> l{.o . Ø\)
. Sod Included In swal. regrading COlt
.... Sod included In swala conltrudk:ln cost
- Rœd rac:onstruction and aod replacement: Included In price of pipe
- Sod Incluäed In prlol of pip.
Quote Under Contrac1#O4-3535 - Annual Contract for Underground UtiUty ContractDrs
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COlLIER COUNTY rLOlUDA REQUEST FOR. QUOTA nONS UNDER. CON'IRACT # ~3 535
ICAnnual Contract for Und.rgrovnd Utility Contracting Services"
. Forest Lake P1wo 1 Dramaio lxnprovmncmts. Quote 2
. IF.ûPOSAL]>> AGE
DUE DATE: Anrl11,'2004 at 4:00 p.to,
. .
The wder8i¡neð, as quotcr, hereby ðecLÙcs that he has examined the speclfj,.~OI1S and informed hfm l!lf'
fu.Uy to regard 10 all tenD!. md condiûO!1l pertaining 10 the projeœ an~ if this Froposal is accoptcd. to
furnish SaJ9 in full. aècordin¡ to the SpeCifications and dr&wings for the Forest Lakes P1wo 1 Drainage
Improvements, Quote 2. .
<
IN 'WITNESS WHEREOF, WE Dave hereunto subscribed ocr JW]W 04 this -L day of ..Af~ ï.
2004 in the County of ~vllr ~r , in the state of ::r~/;.. 'Ù... .
. - .
t!;}cb ~ t/ .¡... -' h../ h:. t':.ð -de c.o. .:;t;-I ~
Firm's Complete Lep1 Name
FboncNo. :;J-~ 9-.Ç$? -~l"r
FAX No. ,~C; -...st.a/Þ -'"7¡f.¿f"'
Emai1: KI!i..vAJ¿r t2-.!-Q d..c./I .( .},-J:.. Cö-<.
(PÓOl-C;~:¡'I~ s;;:':
~¥-/~.r. ~ rA ,'?$lIO)
CRy. State" Zip v
BY: ¿;:Þ'~
Signature
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Tit1ð
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N a=e TypedIPrinœd Daæ
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Page 7 of 20
-~~-~ ----~-------
....
- - -
^ Ii f' L.Oib1 ~/./~
Forest lakes Phase 1 Drainage Improvements
Quote 3'. Tasks 1,2 and 9
1
DESCRIPTION
TASK ITEM
NO. NO.
Total for Task 1
9,. 9~ ðll
2
SINGLE FAMILY SWALE REHABIUTA TlOH #2
2.1 R fade/Construct SWale" 715 LF
2.2 18- RCP - . 155 LF
2.3 T 'C Inlet 3 EA
Total for Task 2
3 7. ~ 7!5. t:'ð
Total for~ ALl'
8f1ð6 ~
11
Tolalfor:H Ib &p,I
6.ððð .ø
9
ALTERNATE BID ITEMS
FOREST lAKES VIlLAS YARD DRAINS
9.1 Construct Swale ... 2 300 LF ~ J. ~.
9.2 Construct Swala with French Draine - 3,<WO LF .-i1.~
9.3 X-box Yard Drain with Grate 68 EAt:!JiJ dþ
..
LI. , tft /¥
~ Total for Taak 9
~ :10-13'6 MÞ
.. Sod included In swale regrading cost - ~,¡" N
... Sod Included in swale construction cost /~/At /~..HJ. /--:J,-'1 ~ 3~I..:¿g t%>
.... Road reconstruction and sod replacement Included in price of pipe I
- Sod inc!uded in price of pipe
Quote Under Contract #04-3535 - Annual Contract for Underground Utility ConlractDra
L)J'.1&"v.u! Sø.%, "t:'.:n-~IIJ¡{lAJ'N ~~;¿p;Jt;
10à
6¿9.£ir9Tt>S
~~I ~oIl~n~lS~O~ 31A~
Aqenda Item 1682
ã11Wfät 1'P, ~4.Jd\;l
Pa 0 20
..'
COLLIER cOtJNTY FLORIDA REQUEST FOR QUOTATIONS UNDE.R CONTRACT #. 04-3535
"Annual Con1ract for Underground Utility Contracting Services"
Forest Lake phase 1 Drainage Improveme.n13. Quote 3
- =' -
PROPOSAL PAGE
DUE,DATE: -ð-j)rll 6. 20M.t 4:00 p,rrt.
Tho ~CISigned, as quotcr. hcr~by dcc1area that he has examined the specifiåWons and informed himself
fu11}r. in regard to a111eTmS and conditions pertaining to tho project and, if this Proposal is accepted, to
futnish s~in full, according to the 8p8OÜicatiOIlS and dnwings for the Forest Lakes Phaso 1 Drainage
Improvements. Quote 3.
IN WITNESS WHEREOF: WE have hereunto subscribed our ~es on this ~ day of ¡I ~/t . .
2004 in tho County or¿'¿JI.CSt." . in tho state of ?tAN'¿j¡.. .
(ýjr ~if ,~/,
Finn's Complete Lep.l Name
Phone No. ~ ¿;V3- 7¿;.d
~
FAX No. ~"~L..Y~
Emai1 :
.l~.~ h~ Ave!':
Address
~iff ð'Po
e
U If.&" 4@Z1~
Title
a./6 ç Æ'~ Ø--b-°'l
Name TypcdlPrintcd Date
0
,;
b¿ì ' ~.
'C;J ,
)&.\1 7
a-d
s¿s..,e..,91Ÿ8
~WI wal~~n~iSWOO 3'^~
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IT"
WORK ORDER #
A TM-F. L. - 0, E. - 04-02
Agreement for Annual Contract for Underground Utilíty Contracting Services
Dated February 27. 2002 (Contract #04-3535)
This Work Order is for Underground Utility Contracting Services for work known as
Proiect: Provide Underground Utility Contracting Services for Forest Lakes Roadway and
Drainage MSTU. Quote 1
The work is specified in the proposal dated 30/Mari04, which is attached hereto and made a part of
this Work Order. In accordance with the Terms and Conditions of the Agreement referenced
above, Work Order # ATM-F.L. - O.E. - 04-02 is assigned to Quality Enterprises USA, Inc.
(Firm Name)
Task III - "Lake #4 Restoration". This includes: Item No.3, 3.1, 3.2, 3.3, & 3.4
Task VII ~ "Swale #18 Regrading". This includes: Item No.7, 7.1, 7.2, & 7.3
Task VlII - "Control Structure Rehabilitation". This includes: Item No.8 & 8.1
Task X - "Alternative Quote Items". This includes: Item No. 10,10.1, & 10.2
Task XI - "Performance Bond". This includes: Item No. 11 & 11.1
Scope of Work: As detailed in the attached proposal and the following:
.
.
.
.
.
Schedule of Work: Complete work within 90 days from receipt of the Notice to Proceed
authorizing start of work.
Compensation: In accordance with Article Five of the Agreement, the County will compensate
the Firm in accordance with the negotiated amounts indicated in the schedule below as provided
in the attached proposal.
Task III
Lake #4 Restoration
Rock Remova l
Twin 24"RCP Entrance/Exit
Cleaning
Swale Regrade
Lake Excavation!Vegetation
Removal
Q!y Unit L: nit Price Cost
1 @ LS $8.500.00 $8,500.00
1 @ LS $4,200.00 $4,200.00
@ LS SI0,625.00 $10,625.00
@ LS $45,368.00 $45,368.00 (Deleted)
Subtotal
\
Task VII
Swale #18 Regrading
Bank Clearing
Regrade Swale
Clean & TV Existing Culverts
$ 8,125.00
$ 17.00
$ 5,500.00
@ LS
@ LF
@ LS
1
1500
1
Subtotal
Task VIIl
Control Structure Rehabilitation
Weir Gate
@ LS
$12,312.50
¡
"
¡
I
¡
¡
!
Subtotal
Task X
AJternative Quote Items
Desilt Twin CMP Culverts
TV Twin CMP Culverts
@ LS
@ LS
$1,562.50
$ 625.00
l;;"htnt,,1
$23,325.00
$8,125.00 (Deleted)
$25,500.00
$ 5,500.00
$31,000.00
$12,312.50
$12,312.50
Agenda Item 1682
May 11 2004
$f?~ J6 of 20
$ 625.00
""'s!'1'<;:O
Any change widlln monetary authority of thIs Work Order made subsequent to final department
approval will be considered an additional service and charged accordmg to Schedule "A" of the
Agreement.
PREPARED BY:
: ,
(' /i-(
-' v:
.'~'
/2. /~>'{:f '" A: 'I
Date' /' /
APPROVED BY:
I gg, Traffic Ops. & Alternative
Transportation Modes Director
it I if> 1~4
~ate .
\, b
Date
APPROVED BY:
APPROVED BY:
.._._~._,
Norman Feder, Transportation Administrator
Date
ACCEPTED BY:
Date:
Apri 1 1 C;. 2004
- -:;..
',' - . ; ::'
qw:¡l; ty Enterprises USA. Inc..
Name of Firm
.,.A~1:1rš~~:.~../
i{-;ø'l'1' ØOfa Ú: See! da~}')
,',':, . /J: I.
. /L.{!{Û{ C(>[I.;",-
By: v' ~. - "---
By:
Richard
Vice President
Marcie Cohen
Type Name ~
Agenda Item 1682
May 11, 2004
Page 11 of 20
,.,..
,"VORK ORDER #
ATM-F.L. - M.S. - 04-03
Agreement for Annual Contract for Underground Utility Contracting Seryices
Dated February 27, 2002 (Contract #04-3535)
This Work Order is for Underground UtIlity Contracting Services for work known as
Project: Provide Underground Ctility Contracting Services for Forest Lakes Roadway and
Drainage MSTU. Quote 2
The work is specified in the proposal dated 01lApr/O4, which is attached hereto and made a part of
this Work Order. In accordance with the Terms and Conditions of the Agreement referenced
above, Work Order if A TM-F.L. - M.S. - 04-03 is assigned to Mitchell and Stark Construction
(Firm Name)
Scope of \Vork: As detailed in the attached proposal and the following:
Task IV - "Forest Lakes Clubhouse Storm Sewer Extension". This includes: Item
:--¡o. 4.1. 4.2,4.3,4.4,4.5,4.6, & 4.7; Also Item #Alternative Quote Items
4.8 & 4 9
lask V ~ "Swalc ;,116 Regrading", This Includes: Item No.5, 5.1, 5.2, 5.3, 5.4, 5.5, &
5 6; Also Item #Alternative Quote Item
Task VI - "Swale #2 Regrading". This includes: Item No.6 & 6.1
Task XI - "Provide Performance Bond". This includes: Item No. 11 & 11.1
.
.
.
.
Schedule of Work: Complete work within 90 days from receipt of the Notice to Proceed
authorizing start of work.
Compensation: In accordance with ArtIcle Five of the Agreement, the County will compensate
the Firm in accordance with the negotIated amounts indicated In the schedule below as provided
in the attached proposal.
Task IV
Forest Lakes Clubhouse Storm Sewer Extcntion
Q!y Unit
104 @ LF
140 @ LF
I @ EA
I @ EA
1 @ LS
1 @ LS
I @ EA
30"RCP
18"RCP
Type D Inlet
Raise 1 Type C Inlet
Fill Existmg 4' Swale
Remove Rock & Debris
30" Headwall
Task IV (continued)
Alternative Quote Item 4.8 - 30"
A-lOOO PYC Storm Pipe
Alternative Quote Item 4.9 - 18" 104 @ LF
A-2000 or SDR 26 PYC Stonn Pipe
104
@LF
$
148.00
Task V
Swale # 16 Regrading
Regrade Swale 2000
36"RCP 164
36"Headwa11 1
Construct Swale with French Drains 720
X-Box Yard Drain With Grate 15
Type D Inlet I
@LF
@LF
(qj EA
@ LF
@EA
@ E.\
Unit Price
$ 160.00
$ 150.00
$ 4,200.00
$ 2,100.00
$ 4,100.00
$15,000.00
$3,0000.00
Subtotal
$
Cost
S16,640.00
$21,000.00
$ 4,200.00
$ 2,100.00
$ '4,100.00
$15,000.00
$ 3,000.00
$66,040.00
] 58.00 $16,432.00 (Deleted)
$20,720.00 (Deleted)
Subtotal
$ 18.00
$ 180.00
$5,500.00
$ 30.00
$ 800.00
$7,000.00
,""ht"t.,1
$ 00,000.00
$36,000.00
$29,520.00
Age$¡dQS~tW 1682
$U~<1<1Q 2004
$~geoW of 20
S 7,000.00
~111 ¡.;.,o no
TOTAL FEE
$251,360.00
Any change within monetary authority of this Work Order made subsequent to final department
approval will be considered an additional service and charged according to Schedule u:,\" of the
Agreement.
APPROVED BY:
d
,-"
, '
"
, ,/7 A 1
I ? //~f;J" (\
Date / / /
PREPARED BY:
APPROVED BY:
'-T(t (, (OLI
Date
I'
,-
~ þl
gg, Traffic Ops, & Alternative
Transportation Modes Director
Date
APPROVED BY:
Norman Feder, Transportation Administrator
Date
ACCEPTED BY:
Date: t..¡ 1/1.../0 L/
f'.,' 'r C- \¡ ~ \\ k" ~ iwÆ. CoNi/": (.C ,Jj,.J<:-
Name of Firm
ATTEST:
(Corporate Secretary)
By:
~ /'
. ) ~-'---
By:
¡~
Signature
M DC' \;) 1", S tJv};.
Type Name and Title
Agenda Item 1682
May 11, 2004
Page 13 of 20
WORK ORDER #
A Tl\I-F.L. - K.c. - 04-04
Agreement for Annual Contract for Underground Utility Contracting Services
Dated February 27, 2002 (Contract #04-3535)
This Work Order is fur Underground Utlhty Contracting Services for work known as
Project: Provide Underground Utllity Contracting Services for Forest Lakes Roadway and
Drainage MSTU. Quote 3
The work IS specified in the proposal dated 06iApr/O4, which is attached hereto and made a part of
this Work Order. In accordance with the Terms and Conditions of the Agreement referenced
above, Work Order # ATM-F.L. - K.c. - 04-04 is assigned to Kyle Construction Inc.
(Firm Name)
Scope of \Vork: As detailed in the attached proposal and the following:
Task I ~ "Single Family Swale Rehabilitation #1". This includes: Item
No. 1.1, 1.3. 1.4. 1.5,1.6,1.7,1.8, & 1.9
Task II - "Single Family Swale Rehabilitation #2". This includes: Item No. 2.1, 2.2, &
2.3; Also Item #Alternative Quote Item 2.4
Task XI - "Provide Performance Bond". This includes: Item No. 11 & 11.1
Task IX - "Alternative Quote Items Forest Lakes Villas Yard Drains". This includes:
Item No. 9.1, 9.2 & 9.3
.
.
.
.
Schedule of Work: Complete work withm 90 days from receipt of the Notice to Proceed
authorizing start of work. Pending a FY 04/05 Supplemental Work Order to this Quote 3, the
completion days indicated above may terminate 120 days after October I, 2004.
Compensation: In accordance with Article Five of the Agrecment, the County will compensate
the Firm in accordance with the negotiated amounts indicated in the schedule below as provided
in the attached proposal.
Task I
Single Family Swale Rehabilitation # I
Q!y
2,200
.so
160
70
6
Regrade/Construct Swale
12"RCP Culvert Replacement
18" RCP
14" x 23" RCP
1R" MES
12" MES
Driveway Restoration
4
2
Type C Inlet
6
Task Il
Single Family Swale Rehabilitation #2
Regrade/Construct SwaIe 755
18" RCP 155
Type C Inlet 3
Task II (continued)
Alternative Quote Item 2.4 ~ IS"
A-2000 or SDR-26 I'Ve Stann Pipe
¡ 12
Task Xl
Payment and Performance Bond
Unit
@LF
@LF
@ LF
Cui LF
@ EA
@ EA
@ EA
@ EA
@LF
@LF
@EA
fa) LF
~/
(@, LS
Unit Price
S 26.00
$ 95.00
$ 75.00
$ 80.00
$ 450.00
$ 450.00
$ 500.00
$ 1,900.00
Subtotal
$ 26.00
$ 75.00
$ 1,900.00
Subtotal
s
75.00
Subtotal
$6,000.00
Cost
$57,200.00
$ 4,750.00
$12,000.00
$ 5,600.00
.$ 2,700.00
$ 1,800.00
$ 1,000.00
$11,400,00
$96,450.00
$20,150,00
$11,625.00
$ 5,700.00
$37,475.00
$ 8,400.00 (Deleted)
Agenda Item 1682
May 11, 2004
$ O,OOO..-age 14 of 20
Any change wJthin monetary authority of this Work Order made subsequent to final department
approval will be consIdered an additional service and charged according to Schedule "A" of the
Agreement.
PREPARED BY:
APPROVED BY:
APPROVED BY:
Norman Feder, Transportation Administrator
L/ / ¡tit y
Date
~{ {6 foLi
Dateì.',l.l'
~
Date
ACCEPTED BY:
Date: .u{LpIu,l 13, J GO II
f1-<,\(; '(mì.Q!:'Ì)i/{J¿V1
'.j Name of Firm '
ATTEST:
(Corporate Secretary)
.1. if ¡ .,:; Ÿ!'
i i I :!\ /., ;~1 .
By: -¥... (J U t.: 1 : f '£ -1 ð .' ..,<~-
, ,~')i, c
By: (~) dl{L./lt:( (il4lÍ' i¡i'il",-
. \.j' SIgnature
iJI-/\J i:" I\;\ fHli( ;F;.;q \1/
D. ,f(. iT.. '
! ¡ <:;} ¡ >( <. I 'I, r
Type Name and Title
.-'
Agenda Item 1682
May 11 2004
Page 15 of 20
F()REST
L Lt\.KE S
I.
II.
III.
ROAD\VA Y AND DRAINAGE ~l.S.T.U.
ADVISORY COMMITTEE
2705 HORSESHOE DRIVE SOUTH
NAPLES, FL 34104
l\linutcs
April 8, 2004
The meeting was called to order by Chairman Bob Jones at 6:30 PM.
ATTENDANCE:
Members: Bob Jones, Roger Somerville, Bill Seabury, Virginia
Donovan, Bob Cunningham (Excused)
County: Val Prince-Landscape Operations, Tessie Sillery-MSTU
Landscape Coordinator and Diane Flagg
Others: Craig Pajer and Rebecca King-Wilson Miller, Sue Chapin-
Manpower Services and 4 residents.
APPROVAL OF MINUTES: March 11, 2004
Page 2 - Bob Jones also met with representatives from Purchasing.
Page 3 - Wilson Miller can come for a half hour a day at Craig Pajer's
discretion for "on call services,"
Roger Somerville moved to approve the minutes of March 11, 2004 as
amended. Second by Bill Seabury. Carried unanimously 4-0.
IV.
APPROV AL OF AGENDA:
Add under "New Business" - E. On Call Services
F. Membership
G. Paving CostsfWoodshire
Roger Somerville moved to approve the Agenda as amended.
by Bill Seabury. Carried unanimously 4-0.
Second
v.
TRANSPORTATION SERVICES REPORT
A. Budget - Tessie Sillery
Budget was handed out. (Attached)
. The line item expenses were covered. It was noted another Title
Search was requested for ParcellS. They have no infonnation as
of this date, (The area was shown on the map)
. Showed $22,100 as part of the Debt Summary - 5% negative
Revenues.
. Revenues were covered,
. Proposed Budget for FY 2004/'05 was covered. Totals were
given. (Attached) The figures given are all within the 3 Mil rate,
Agenda Item 1682
May 11, 2004
Page 16 of 20
~-~---
-------_..~~
Roger Somerville moved to approve to continue -with the 3 Mil rate
for the Forest Lakes MSTU. Second by Bill Seabury. Carried
unanimously 4-0.
Roger Somerville moved to approve tbe Proposed Funds for FY
2004/'05 Budget. Second Virginia Donovan.
Val mentioned line items #8, 9, and 12 have been increased based on costs
of this past year. Any carry forward monies would be placed under
Reserves for future construction.
Diane Flagg addressed the current Ad Valorem taxes and the Estimated
Revenues.
Motion carried unanimously 4-0.
VI. OLD BUSINESS
A. Report by Wilson-Miller - Craig Pajer
. Plant issue - Craig explained after talking with Pam Lulich, the
plants that will be donated to the County are wetland plants for
roadsides, lakes and developments that need to put in storm water
ponds off roadways and would not be available for Forest Lakes.
. 4 Quotes for Bids (Attached)
. Was broken down into 3 contracts for the different tasks.
. Covered the different items according to the tasks and those bids
for the particular items.
.
Contract #1: Lake #4 Restoration, Swale #18 Re-grading,
Control Structure Rehabilitation and alternate bid items.
Original estimates in the Master Plan were higher for some items
and lower for others,
Recommendations: Proceed with low bidder of Quality
Enterprises and delete items for Lake Vegetation removal.
545,000 is a large cost to spend on increasing the lake and
removing the vegetation, Need to get approval from Contractor to
delete that item before proceeding. Also recommended to not
clean the bank for Swale #18, saving $8,000.
.
.
.
Contract #2: Forest Lakes Clubhouse Stornl Sewer Extension,
Swale #16 re-grading, Swale #2 Re-grading and provide
perfonnance bond.
Do not accept alternate bid for plastic PVC pipe - prefer concrete.
Recommendations: Don't recommend deleting any items and
advise going with the price from Mitchell and Stark.
.
.
.
Contract #3: Single Family Swale Rehabilitation #1, #2, provides
perfonnance bond and alternate bid items of Forest Lakes Villas
Yard Drains.
2
Agenda Item 1682
May 11 , 2004
Page 17 of 20
. In addition to being low bidder he offered a 5~'Ó discount if they
postpone projects until after the rainy season. Could do some tasks
no\',,' and others later - will receive a 5% discount on any part
postponed.
. Discussed the culverts and drainage into the swales. Showed
different areas on map.
. Recommendations: Discussed the funds in their Budget of being
$488,000 funds available. Pavement bids for Woodshire Lane ouo 2
quotes of improving the 3 areas - 516,937. (BOlmess & APAC
Attached) His recommendations for the Contracts are:
#1 - $68,000
#2 -251,000
#3 -133,000 (SF Homes)
Total=S47l,OOO leaving a balance ofS17,000. Does not include the
yard drains for the villas area, He proposed to carry it over and give
them the advantage of the 5% discount from Kyle. This would carry
thcm into the next fiscal year when more flmds are available and can
be paid for at that time. They can choose to delay one or both projects
and get the 5% discount.
Craig recommended doing the projects and carry over Kyle's proposal
until next year with the discount and be done in the dry season.
Val infonned the committee the procedure of cutting the PO's and
receiving their revenues in October for the next fiscal year, By deJaying,
it \viJl give them the 5% discount.
Roger Somerville moved to accept Contract #1.
Motion dies for lack of second.
Roger Somerville moved to accept Contract #1 an~ delete the 2 items
discussed earlier,
Motion dies for lack of second.
Virginia expressed her opinion of the flooding in her area being so bad
with no improvements. She asked if Kyle would do two separate incidents
and start the drainage on the villas and do just the worst driveways,
Craig will ask.
More discussion followed on different contracts and which projects to do
when.
**Craig will talk to Kyle Construction and authorize them to do the work,
but delay some ofthe items so they can do a small portion of the villas as
a quick fix. Perhaps delay doing some swale work in exchange for putting
in a couple of inlets that are critical.
..,
.)
Agenda Item 1682
May 11, 2004
Page 18 of 20
Bob Jones moved to do all the projects recommended in order, but do
as Craig stated above. Second by Roger Somerville. Carried
unanimously 4-0.
The Committee wanted everyone in attendance to knòw they are not
postponing any projects, just delaying the start of construction on certain
portions.
Val mentioned they will still issue one work order for all tasks, just delay
cutting the PO for $207,000 until October 1,2004.
Craig will notify the County which tasks are approved and negotiate the
timing of certain items.
B. Easements Update - Val Prince
The real property is still in negotiations with Mr. Sheehan to provide the
documents requested for Tax Parcel #2. Mr. Sheehan indicated the
County made some commitments for affluent water lines in residential
areas, They are pursuing the issue through Waste Water. Ifpositive
results, they are hoping he will sign the proper papers for providing the
right-of-way to the County.
Only conflict would be re-routing the sidewalk. Mr. Cunningham had
asked at the last meeting to check with the Pathways Advisory Committee
on the possibility of sidewalks.
VI.
NKW BUSINESS:
A. Truck Traffic onto Woodshire from Shopping Center - Bob Jones
mentioned this is a sign issue. When trucks are trying to turn around they
make large marks into the ditch area. They get stuck. Need a sign that
says "no trucks."
Val mentioned Bob Tipton had someone check the area and found they are
unable to post signs because it is a private roadway.
It was noted there is a sign there now - Left Turn Only. Roger will
contact the shopping center to see if a larger or additional sign can be
added,
B. Sidewalks - a member of the MSTU can ask to be put on the Agenda
to attend the Pathways Advisory Committee. They have no funds for
2005 but the committee can get on a list for additional future Enhancement
Grants. May want to consider this in approx. 6-9 months.
C. Lighting - Bob mentioned there is lighting in some areas and not in
others, None on 'vVoodshire Lane.
Yal mentioned if additional lighting is needed the Ordinance would need
to be modified, as the only lighting the Ordinance addresses at this time is
for the entrance.
D. Final Approval for Construction Quote - Val
4
Agenda Item 1682
May 11, 2004
Page 19 of 20
~-~-~--- ~
V endors were notified for quotes for asphalt. AP AC was the low bidder.
Craig recommended cutting out a section of pavement, take out the lime
rock, and put new lime rock back and asphalt over.
Bob Jones moved to approve the expenditure of $16,937.50 with
AP AC Second by Virginia Donovan.
There is still a vendor outstanding, if quote is lower than the $16,937.50,
they would go with the lower bid.
Bob amended his motion to authorize the County to go with the other
vendor if the bid is lower than the $16,937.50. Virginia amended her
second. Carried unanimously 4-0.
E. On call Services - Bob Jones - no report
F. Membership - Tessie - Bob Cunningham's tenn has expired and two
persons have applied for the MSTU Advisory Board. Mr. Moaveni and
Mr, Cunningham.
Bob Jones moved to approve to the BCC the appointment of Bob
Cunningham to the MSTU Advisory Board. Second by Roger
Somerville.
Carried unanimously 4-0.
VII.
PUBLIC COMMENTS
Ernie Carroll suggested he will let Naples Bath & Tennis know work will
begin on May 1 st and they need to trim the vegetation that overhangs onto
Forest Lakes. AP AC will start on their work in 2-4 weeks.
Joe Macaluso - commented that others should attend the meetings.
It was decided to cancel the May Meetmg. If sometrung needs to be voted
upon, a special meeting wi Ii be called.
Being no further business to come before the Committee it was adjourned at
8:45 PM.
**PLEASE NOTE**
THE MAY MEETING IS CANCELLED
the miX' met'tiltf! .\!Î/I he .June ¡ 0111, 2004/1 T 6:3() pm
At the Turtle Lalics Clubhouse
180 Forest Lakes HI\'d.
Naple.~. FL 34/OS
5
Agenda Item 1682
May 11, 2004
Page 20 of 20
,-
EXECUTIVE SUMMARY
A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS (BCC) AUTHORIZING THE FiliNG OF THE TRIP AND
EQUIPMENT GRANT APPLICATION WITH THE FLORIDA COMMISSION FOR
THE TRANSPORTATION DISADVANTAGED (CTD) IN THE AMOUNT OF
$531 ,971.
OBJECTIVE: To approve the attached grant application and resolution authorizing the
Chairman of the BCC to file and execute the application and to sign the agreement as
required in connection with the application.
CONSIDERATION: As the Community Transportation Coordinator (CTC) for Collier
County, the BCC will file a Trip and Equipment grant with the Commission for the
Transportation Disadvantaged (CTD) each year. Funds from this grant will cover a
portion of the operating expenses of the Transportation Disadvantaged Program.
FISCAL IMPACT:. The application will secure a grant in the amount of $531,971. This
is a reimbursement grant. The County's FY04 funding for the Transportation
Disadvantaged program in MPO Fund (126), Trip and Equipment Grant I County Share
(31126) can be used for the match of 59,108.
...--
GROWTH MANAGEMENT IMPACT: Consistent with Objectives 10 and 12 of the
Growth Management Plan.
RECOMMENDA nON: That the Board authorize the Chairman to execute the
application and to sign the agreement as required in connection with the application.
That the Board authorize the Transportation Services Administrator or his designee to
sign any assurances, reimbursements invoices, warranties, certifications and any other
documen.ts which may be required in connection with this application, and approve any
budget amendments necessary to receive and use these funds.
NOTE:
Please Do Not Fill In Any Dates On The Agreements
...--
Agenda Item No. 1683
May 11, 2004
Page 1 of 8
. ........., .-,.. ........ ..
-_..
...~ ."","" ,.,'
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
1683
Item Summary
A Reso!ution of the Collier County Board of County Commissioners (BCC)
authorizing the filing of the Trip and Equipment Grant Application wIth the
Florida Commission for the Transportation Disadvantaged (CTD)
Meeting Date
5/11/2004 9:00:00 AM
Prepared By
Jill M. Brown
Public Transportation Planner
Transportion Services
Traffic Operationsl A TM
Approved By
Lisa Hendrickson
Management'Budget Analyst
Date
Transportlon Services
Traffic Operationsl ATM
4/28120041:15 PM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportion Services
Transportation Administration
4128/20043:59 PM
Approved By
Diane B. Flagg
Traffic Operations and Ait Trans
Modes Director
Date
Transportion Services
Traffic Operationsl ATM
4/28/2004 2:25 PM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Manager's Office
County Attorney Office
412812004 11:44 AM
Approved By
Jill M. Brown
Public Transportation Planner
Date
Transportion Services
Traffic Operations/ ATM
4128/2004 3:49 PM
Approved By
Diane Perryman
Executive Secretary
Date
Transportion Services
Transportation Services Admin.
4129/2004 3:09 PM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportion Services
Transportation Services Admin.
4129/20046:52 AM
Approved By
Pat Lehnhard
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
4/29/2004 3:31 PM
Approved By
Michael Smykowskl
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
5/312004 11 :49 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
5/3/20045:39 PM
Agenda Item No. 1683
May 11,2004
Page 2 of 8
RESOLUTION NO. 2004--
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNTY, FLORIDA, AUTHORIZING THE FILING OF A TRANSPORTATION
DISADV ANT AGED TRUST FUND GRANT APPLICATION WITH THE FLORIDA
COMMISSION FOR THE TRANSPORTATION DISADVANTAGED.
WHEREAS, the Collier County Board of County Commissioners has the authority to
file a Transportation Disadvantaged Trust Fund Grant Application and to undertake a
transportation disadvantaged service project as authorized by Section 427.0159, Florida Statutes,
and Rule 41-2, Florida Administrative Code;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD THAT:
1.
The Board of County Commissioners has the authority to file this grant application.
2,
The Board of County Commissioners authorizes its Chainnan, Donna Fiala, to me and
execute the application on behalf of the Collier County Board of County Commissioners
with the Florida Commission for the Transportation Disadvantaged,
3.
In accordance with ChapteT 48 of the Florida Statutes, the Board of County
Commissioners authorizes its Chainnan, Donna Fiala, to accept notice of process on
behalf of the Collier County Board of County Commissioners.
4.
The Board of County Commissioners authorizes its Chainnan, Donna Fiala, to sign any
and all agreements or contracts that are required in connection with the application.
5.
The Board of County Commissioners authorizes the Transportation Administrator or his
designee to sign any and all assurances, reimbursement invoices, warranties,
certifications and any other documents, which may be required in connection with the
application or subsequent agreements.
This Resolution adopted after motion, second and majority vote favoring same. this
- day of , 2004.
ATTEST:
DWIGHf E, BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
, Deputy Clerk
By:
Donna Fiala, Chainnan
By:
A
Ie
Agenda Item No. 1683
May 11, 2004
Page 3 of 8
2004/05 Transportation Disadvantaged Trust Fund Grant
Acknowledgement Form
GRANT RECIPIENT LEGAL NAME :Collier County Board of County Commissioners
FEDERAL IDENTIFICATION NUMBER: 59-6000558
REMITTANCE ADDRESS:3301 East Tamiami Trail
CITY AND STATE: Naples. Florida
CONTACT PERSON FOR THIS GRANT:
ZIP CODE: 34112
Jill M, Brown
PHONE NUMBER: 239-213-5817
(REQUIRED) E-MAIL ADDRESS:
FAX NUMBER:
239-213-5899
ii IIbrown@collieraov.net
PROJECT LOCATION (County(ies»: Collier County
PROPOSED PROJECT START DATE: July 1,2004 ENDING DATE:
PLANNING FUND ALLOCATION TRANSFERRED TO TRIP GRANT
June 30, 2005
$
0
ANTICIPATED CAPITAL EQUIPMENT REQUEST
Equipment
N/A
$ Amount
0
Only Required If Capital Equipment is Purchased:
This Acknowledgement Form requesting the purchase of capital equipment has been reviewed
by the Local Coordinating Board.
Local Coordinating Board Chairperson's Signature
I , as the authorized Grant
Recipient Representative, hereby certify that the information contained in these forms is true
and accurate and is submitted in accordance with the instructions,
Grant Recipient Representative (Signature)
Date
Agenda Item No, 16B3
May 11, 2004
Page 4 of 8
TRANSPORTATION DISADVANTAGED TRUST FUND
SERVICE RATES
COMMUNITY TRANSPORTATION COORDINATOR:Collier County Board of County
Commissioners
EFFECTIVE DATE: JulV 1, 2004
TYPE OF SERVICE TO BE UNIT COST PER UNIT
PROVIDED (Vehicle Mile, Trip or $
Boardina Fee, etc)
Urban Trip 12.00
Urban Group Trip 9.50
Rural Trip 27.50
Rural Group Trip 14.50
Stretcher Trip 24.00
Air Mile 1.50
Hourly Rate Hourly 45.00
Out of Area Trip 12,50
Air Mile 1.40
CAT full-fare one-way ticket Bus pass 1.00
CAT reduced fare one-way ticket Bus pass .50
CAT full-fare 31-day pass Bus pass 30.00
CAT reduced fare 31-day pass Bus pass 15.00
Agenda Item No. 16B3
May 11, 2004
Page 5 of 8
RESOLlJTION NO. 2004--
A RESOLUTION BY THE BOARD OF COUNTY COMMJSSIONERS, COLLIER
COUNTY FLORIDA, AUTHORIZING THE FILING OF A TRANSPORT A TJON
DISADV ANTAGED TRBST FUND GRANT APPLICA TION WITH THE FLORIDA
COMMISSION FOR THE TRANSPORT A TION DISADV ANT AGED.
'YHEREAS, the Collier County Board of County Commissioners has the authority to
me a Tramportation Disadvantaged Trust Fund Grant Application and to undertake a
transportation disadvantaged service project as authorized by Section 427.0159, Florida Statute
and Rule 41-2, Florida Administrative Code;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD THAT:
1.
The Board of County Commissioners has the authority to file this grant application.
2.
The Board of County Commissioners authorizes its Chairman, Donna Fiala, to file and
execute the application on behalf of the Collier County Board of County CoITl1TÚssionel
with the Florida Commission for the Transportation Disadvantaged,
3.
In accordance with Chapter 48 of the Rorida Statutes, the Board of County
Commissioners authorizes its Chairman, Donna Fiala, to accept notice of process on
behalf of the Collier County Board of County Commissioners,
4.
The Board of County Commissioners authorizes its Chairman, Donna Fiala, to sign an}
and all agreements or contracts that are required in connection with the application.
5,
The Board of County Commissioners authorizes the Transportation Administrator or hi
designee to sign any and all assurances, reimbursement invoices, warranties,
certifications and any other documents, wlúch may be required in connection with the
application or subsequent agreements.
This Resolution adopted after motion, second and majority vote favoring same, this
- day of , 2004.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLŒR COUNTy, FLORIDA
, Deputy Clerk
By:
Donna Fiala. Chairman
By:
A
Ie
¡\
Jeffr A. latzkow
Assi' aol C unly Altomey
\ .
Agenda Item No. 1683
May 11. 2004
Page 6 of 8
STANDARD ASSURANCES
The recipient hereby assures and certifies that:
(1)
The recipient will comply with the federal, state, and local statutes, regulations, executive orders.
and administrative requirements which relate to discrimination on the basis of race, color. creed.
religion. sex, age, and handicap with respect to employment, service provision, and procurement.
(2)
Public and private for-profit. transit and paratransit operators have been or will be afforded a fair
and timely opportunity by the local recipient to participate to the maximum extent feasible in the
planning and provision of the proposed transportation planning services.
(3)
The recipient has the requisite fiscal, managerial, and legal capacity to carry out the
Transportation Disadvantaged Program and to receive and disburse State funds.
(4)
The recipient intends to accomplish all tasks as identified in this grant application.
(5)
Transportation Disadvantaged Trust Funds will not be used to supplant or replace existing
federal. state, or local government funds.
(6)
Capital equipment purchased through this grant meets or exceeds the criteria set forth in the
Florida Department of Transportation's Guidelines for Acquiring Vehicles on file with the
Commission on July 1,2001 or criteria set forth by any other federal, state. or local government
agency,
(7)
Capital equipment or consultant services purchased through this grant comply with the
competitive procurement requirements of Chapter 287 and Chapter 427, Florida Statutes.
(8)
If capital equipment is purchased through this grant. the demand responsive service offered to
individuals with disabilities, including individuals who use wheelchairs, is equivalent to the level
and quality of service offered to individuals without disabilities. Such service. when viewed in
its entirety. is provided in the most integrated setting feasible and is equivalent with respect to:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
response time;
fares;
geographic service area;
hours and days of service;
restrictions on trip purpose;
availability of information and reservation capability; and
contracts on capacity or service availability.
Agenda Item No. 1683
May 11 2004
Page 7 of 8
-
In accordance with 49 CFR Part 37, public entities operating demand responsive systems
for the general public which receive financial assistance under Sections 5310 or 5311 of
the Federal Transit Administration (Ff A) have filed a certification with the appropriate
state program office before procuring any inaccessible vehicle, Such public entities not
receiving Ff A funds have also filed a certification with the appropriate program office.
Such public entities receiving Ff A funds under any other section of the Ff A have filed a
certification with the appropriate Ff A regional office.
This certification is valid for no longer than the contract period for which the grant
application is filed.
Date:
Signature:
Name:
Norman Feder
Title:
Transportation Services Administrator
Agenda Item No. 1683
May 11, 2004
Page 8 of 8
~
EXECUTIVE SUMMARY
To accept the conveyance of Deeds for the right of way required for the
construction of a loop road around the Mission Hills PUD. (Fiscal Impact:
$40.00 Project No. 60171.)
OBJECTIVE: To obtain the Board of County Commissioners' acceptance of deeds conveying
a right-of-way to Collier County, for the use and benefit of the general public, for portions of a
loop road around the Mission Hills POD connecting Vanderbilt Beach Road with Collier
Boulevard.
-
CONSIDERATIONS: The Mission Hills POD, County Ordinance No. 2003-03, provides for
construction of a public roadway (loop road) extending from the project's northern access onto
Collier Boulevard to the project's western access onto Vanderbilt Beach Road, to be designated
to a minimum 30 miles per hour design speed, with the layout being conceptually shown on the
POD Master Plan. The construction costs of the loop road will not be eligible for impact fee
credits but the developer of the roadway may be able to privately negotiate "fair share" payments
or reimbursements from neighboring property owners. The loop roadway must be constructed
prior to issuance of the first Certificate of Occupancy.
While the East-West portion of the loop road is located on the Mission Hills POD property, and
is being dedicated to Collier County on the plat of Mission Hills, the North-South portion of the
loop road is located outside the POD on lands immediately to the west of Mission Hills. The
Mission Hills developer has persuaded these adjacent landowners to convey portions of their
property to Collier County so that this loop road may be constructed.
The deeds attached to this executive surpmary have not yet been executed. However, by the time
the Board has approved this agenda item, staff will have received the fully executed original
deeds, and will be ready to record them in the public records at that time.
FISCAL IMPACT: Source of funds will be Gas Taxes,
GROWTH MANAGEMENT IMPACT: The recommendation is consistent with the County's
long range planning efforts.
",-..
RECOMMENDATIONS: That the Board of County Commissioners of Collier County,
Florida, accept the conveyance of right of way required for the loop road construction, and
authorize staff to record the deeds in the public records of Collier County, Florida, upon receipt
of same from the respective grantors,
Agenda Item No. 16B4
May 11, 2004
Page 1 of 10
...-.---,
.-------.",.
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
1684
Item Summary
To accept the conveyance of Deeds for the right of way required for the
cotOstruction of a loop road around the Mission Hilis PUD. (Fiscal Impact: $40ì
Meeting Date
5/11/20049:00:00 AM
Prepared By
Paul Young
Property Acquisition Specialist
Transportion Ser\lices
TECM-ROW
Appro..ed By
Kevin Hendricks
Right Of Way Acquisition Manager
Transportation Engineering and
Construction
Date
Transportion Ser\lices
4128/2004 3:00 PM
Approved By
Usa Taylor
Management/Budget Analyst
Date
Transportion Services
Transportation Administration
4/28/20044:20 PM
Approved By
Gregg R. Strakaluse
Transportation Engineering!
Construction Mgmt Director
Transportation Engineering and
Construction
Date
Transportion Services
4129/20041:31 PM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportion Services
Transportation Administration
4/29/200410:35 AM
Approved By
Diane Perryman
Executive Secretary
Date
Transportion Services
Transportation Services Admin.
4/29/2004 3:42 PM
Approved By
Norm E. Feder. AICP
Transportation Division Administrator
Date
Transportion Services
Transportation Services Admin.
4129/20043:35 PM
Approved By
Pat Lehnhard
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
4/29/20044:15 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
5/3/200411:00 AM
Approved By
James V. Mudd
Board of County
County Manager
Date
Commissioners
County Manager's Office
513/2004 5:43 PM
Agenda Item No. 1684
May 11, 2004
Page 2 of 10
This iT\!ilrum'-"Tl1 was prepared
w;thou\ opinion oftillc by:
Gregory L. l'rbancic, Esq.
Gondletlc. Coleman & Johnson, P A.
4001 Tamiami Trail I\:oltb, Suile 300
Navies, Fiorida 341 OJ
Projeel Name:
P:m:cI N1Imbcr:
Parmt Tract Folio Number: 00203880001
WARRANTY DEED
THIS WARRANTY DEED is made on this - day of 2004,
by BUCKSTONE ESTATES, LLC, a Florida limited liability company (hereinafter referred to as
"Grantor"), whose address is 3785 Airport Road, Suite ß, Naples, Florida 34105, to COLLIER
COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose post office
address is 3301 Tamiami Trail East, Naples, Horida 34112 (hereinafter referred to as "Grantee).
lWhcrever used herein, the tcnns "Grantor" and "Grantee" include all the parties to this instrument and
their respedivc heirs, legal representatives, successors and assigns,)
Grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and
other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
hereby grants, bargains, sells, aliens, remises, releases, conveys and eonfinns unto the Grantee, all that
cel1aìn land situate in Collier COlU1ty, florida, to wit:
(See Exhibit "A" attached hereto and made a pan hereof)
SUBJECT TO: real estate taxes for the year 2004 and subsequent years; zoning, building code
and other use restric¡jol1s imposed by govelmnental authority; outstanding oil, gas and mineral rights of .
record. if any; and restrictions, reservations and ea.<;ements of record.
TOGETHER with all tenements, hereditaments and appunenances thereto belonging or in
otherwise appertaÏ1ùng.
TO HAVE AND TO HOLD, the same in fee simple forever.
AND, Grantor hereby covenants with Grantee that Grantor is lawfully seized of said land ín fee
simple; that Grantor has good right and lawful authority to sell and convey this land; that Grantor hereby
fully watTants the title to the land and will defend the same against the lawful claims of all persons
whomsoever,
Agenda Item No, 1684
May 11, 2004
Page 3 of 10
-'-
iN WITNESS WHEREOF, the lmdersigned Grantor has duly executed and delivered th1s
instrument the day and year first above written,
Signed, Sealed and delivered
in the presence of:
BUCKSTONE ESTATES, LLC,
a Florida limited liability company
By:
Catalina L:md Group, Inc..
a Florida corporation.
its Manager
Print Name:
By:
William L. Hoover, President
Print Name:
STATE OF FLORIDA
COUNTY OF COLLIER
,,-,
THE FOREGOING INSTRUMENT was acknowledged before me on this -- day of
, 2004, by William L. Hoover, as PresIdent of Catalina Land Group, Inc" a Florida
corporation, the manager of BUCKSTONE EST ^ TES, LLC, a Florida limited liability company, 00
behalf of said entities, who L.J is personally \..110Wt1 to me or L.J has produced
as identiticatioo.
Notary Pub1ic
Print Name:
State of Florida at Large
My Commission Expires:
(Notary Seal)
S' jn¡rC"'" """",,'__'UÜ"r~ r...- llAC'lW.......,...... "("An;~c"...,.,..... ft."""'"
(Page 2 of})
Agenda Item No. 1684
May 11, 2004
Page 4 of 10
PROPERTr [)£sanPTlON
A POH77OII OF 7HF SOUTH 1/2 OF THE' SOUTHE'AST 1/4 OF SECT/ON J4. Tr:JI.tNSHlP 48
SOt/7H, ~ANCE 2f FAST; COLUE:R crJtJf{TY. FLOI?iOA, £JE1N(; MOR£ PART/CtlLAHL r
t:J£SCHf8£D AS Fa.LCIfS-
ÐDUUFMY A T 7H£ SOlJT1ff:AST ~ or SEC71O/{ '}4. 7OWNSHIP NI SOlITH. IfAMÆ:
2fS EAST. COLUER COUNTY. FLOffIOA: 7HÐ{Œ 1«æ7H 8B"j9"OB" IIßT. AlONG T1iF:
SrJiJTH LINE" or 711£ SOVT1fEAST 1/4 Of" THë SOUTHEAST 1/4 OF" SA/() SCCnOf{.J4. A
aSTANŒ OF' '.322'5 /FET; 7H€NŒ NfRrw 01'27'16" H£S7; A DISTANCE OF t1ISI117
flIT ro rHE' PDlNT lJF' W"alMJlNl1 or 711£ PAR'C£L OF' UNO lfor£W ŒSCRIB£D:
THDICE N<æ7H 8tlTJD~9" IIf'ST. A DISTANC£ or Ø6,06 fë:ET; THE:f(Cë MJ/?TH Of"27'r8"
Hf57. A OISTANCC or 68lJ.91; fflEf{C£ SOI./711 89'O,~r EAST, A OISTANC£ IT 68.06
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( ASStJMFD).
STP:409B45: 1
Agenda Item No. 1684
May 11, 2004
Page 5 of 10
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------------- DA'TE ----
THOMAS E. RHODES, SR, P.S.M, 1/5854
NOT VAUO WITHOUT THE SlGiATURE AND
THE ORIGINAL RAISED SEAl OF A FLORIDA
LICENSED SUR'ÆYOR AND MAPPER
SKETCH AND DESCRIPTION
FOR:
MARK LINDNER
COLLIER COUNTY
p~C
s.c. CORNeR
(BOB' S[CT7ON J4-A8-2ti
_" 88'J9'or;' II' "\
(ASSUllfD) J-----'J~'5~ _-\
.
RHODE:S .t RHOD£S
LAND SUR'Æ'r'/NG, INC.
UC£NS£ jL8 6897
Agenda Item No. 1684
May 11 , 2004
Page 6 of 10
PREPARED BY AND RETURN TO:
THOMAS G, ECKERTY. ESQUIRE
12734 Kenwood Lane, Suite 89
Fort Myers, FL 33907-5638
Project Name;
Parcel No{s):
Parent Tract Folio No:
Recording: $
Documentary Stamps: $
COLLIER COUNTY GOVERNMENTAL DEED
THIS WARRANTY DEED made this - day of , 2004, by MARK L.
LINDNER, TRUSTEE UNDER LAND TRUST DATED 01/04199, with full power and authority to protect,
conserve, sell, lease, encumber or to otherwise manage and dispose of the real property described herein, as
provided in F S. 689.071 (hereinafter referred to as "Grantor"), whose post office address is 4980 Tamiami
Trail, N, Suite 200, Naples, Florida 34103, to COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE
STATE OF FLORIDA, its successors and assigns, whose post office address is 3301 Tamiami Trail, East,
Naples, Florida 34112 (hereinafter referred to as "Grantee").
(Wherever used herein the terms "Grantor" and "Grantee" include aK the parties to this instrument and their respective heirs, legal
representatives, successors and assigns.)
WITNESSETH: That the Grantor, for and in consideration of the sum ofTen Dollars ($10.00) and
other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens,
remises, releases, conveys and confirms unto the Grantee, all that certain land situate in Collier County, State
of Florida. to wit:
See attached Exhibit "A" which is incorporated herein by reference.
SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD.
THIS PROPERTY IS NOT THE HOMESTEAD OF GRANTOR.
TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in
anywise appertaining;
TO HAVE AND TO HOLD the same in fee simple forever.
AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land is
fee simple; that the Grantor has good right and lawful authority to sell and convey said land, and hereby
warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever,
and that said land is free of all encumbrances. except as noted above.
IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year
first above written.
Signed. sealed and delivered in the presence of:
Printed name:
MARK L. LINDNER, Trustee under land trust
dated 01/04/99, with full power and authority to
protect, conserve, sell, lease. encumber or to
otherwise manage and dispose of the real property
Agenda Item No. 1684
May 11, 2004
Page 7 of 10
-
described herein, as provided in F. S. 689.071
Printed name:
STATE OF FLORIDA)
) §:
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this - day of ,
2004, by Mark L. Lindner, Trustee under land trust dated 01/04/99, who is personally known to me. OR who
produced as identification, and who did/did not take an oath.
Notary Public
Commission No.:
My Commission Expires:
Agenda Item No. 1684
May 11 , 2004
Page 8 of 10
Pff(p£I?TY (JESCRfPT/CN
A PORnON OF THE SOVTH 7/2 OF mE SOLImEAST 7/4 OF SE:CT/Otf ~ TO'MVSH/P 48
SOUTH. RANCE: 26 EAST. COLLIER COUNTY. FLOI?IOA. 8£/NG MORE PARTICUlARL Y
D£SCRfsrn AS FlJLLOws-.
CCMUE'NCE A 7 mE SOUTHEAST COHN£R QF SECTION ':11) roWNSHIP 4B SOUTH, HANCE'
26 f:ASr. CfJLL/£R COllNT'1'. FLORIDA; THENCE NORTH 88'5tl7:J8" KCSr, ALONC THE
SOlJ1H UNr or ThE: 5(JlfTffUoST 7/~ or Th£ SOlJT1fCAST 7/4 or SAID SECT/ON J~, A
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RDAD AND 7"HE' POINT OF BéClNNlNC OF THE PARCEl. OF LAND HE"F?£:/N DESCIi'IBED;
THENŒ NORTH 88'59'08" H£'Sl, ALONG SAID NMTHE'HL. Y RfOHT-{)f"-WA Y u~ A
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Agenda Item No. 1684
May 11, 2004
Page 9 of 10
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THOMAS E. RHODES. SR. P,S.M, #5854
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Agenda Item No. 1684
May 11, 2004
Page 10 of 10
EXE CUTIVE SUMMARY
Approve two Purchase Agreements for the acquisition of right of way
required for the construction of a six-lane section of Collier Boulevard (CR-
951) and intersection improvements at Vanderbilt Beach Road (Project Nos.
63051 and No. 65061). Estimated fiscal impact: $660,500.
OBJECTIVE: That the Board of County Commissioners approve and enter into the attached
two Purchase Agreements which provide for the acquisition of Vanderbilt Beach Road Project
Parcel No. 179 and Collier Boulevard Project Parcel No. 130, which together comprise the right-
of-way required along the Collier Boulevard frontage of the Mission Hills PUD.
CONSIDERATIONS: Improvements to the intersection of Vanderbilt Beach Road and Collier
Boulevard were designed and will be constructed as part of the Vanderbilt Beach Road
Improvement Project (Project No, 63051). Build-out of the intersection will include the six-
laning of Collier Boulevard all the way to the northern boundary of the Mission Hills project.
,,-...
Vanderbilt Beach Road Project Parcel No. 179 is an 80 foot by 524.41 foot strip of land along
the southerly portion of the Mission Hills PUD frontage, and was appraised at $293,700 ($7.00
per square foot) as of January 14,2003, by an independent real estate appraiser hired by Collier
County. Project Parcel No. 179 is being acquired under the threat of eminent domain (Collier
County Resolution No. 2003-231).
Collier Boulevard Project Parcel No, 130 is an 80 foot by 669.59 foot strip of land along the
northerly portion of the Mission Hills POD frontage, and was appraised at $375,000 ($7.00 per
square foot) as of January 14, 2003, by an independent real estate appraiser hired by Col1ier
County. It is being acquired under the authority of the Collier Boulevard Gift and Purchase
Resolution (No, 2003-372).
Both appraisers concluded that, regardless of the existence of the commercial PUD zoning
approved in January 2003, the location of the property within an Activity Center, as identified on
the County's Future Land Map, resulted in a highest and best use determination that the property
would have been approved for commercial uses, consistent with the history of commercial uses
approved within Activity Centers throughout Collier County,
The property owner's real estate appraiser estimated the market value of the property to $9.75
per square foot. A compromise was reached for the purchase of the property, whereby staff
would recommend settlement at $8.00 per square foot, LESS the value of the compensating
right-of-way for the turn lanes which the shopping center developer would be required to
construct, and LESS the cost of the sidewalk that the developer would have been required to
construct, but which Collier County is constructing as part of the Vanderbilt Beach Road project.
'-"
Agenda Item No. 1685
May 11 , 2004
Page 1 of 15
Page 2 of 2
The purchase price for each of the required right-of-way parcels (Project Parcel Nos. 179 and
130) as stipulated in the attached Purchase Agreements, represents the compromise purchase
price of $8,00 per square foot, LESS the value of the compensating turn lane right-of-way (at
$8,()() per square foot) and LESS the County's cost to construct the sidewalk that the Mission
Hills developer would otherwise have had to construct.
FISCAL IMPACT: The Collier Boulevard Project Parcel purchase price will be $369,480.00
plus $2,062.00 for title expenses and recording fees. The total fiscal impact for the Collier
Boulevard Parcel is $371,542.00. The Vanderbilt Beach Road Project Parcel purchase price will
be $287,354.00 plus $1,604'.00 for title expenses and recording fees. The total fiscal impact of
the Vanderbilt Beach Road Parcel is $288,958,00. The Source of funds are Road Impact Fees
and Gas Taxes.
GROWTH MANAGEMENT IMPACT: As a part of the Transportation Element of the
County's Comprehensive Plan, this recommendation to acquire right-of-way in support of these
two capital projects is consistent with the County's long range planning efforts.
RECOMMENDATIONS:
That the Board of County Commissioners of Collier County:
1. Approve the attached Purchase Agreements and authorize its Chairman to execute same
on behalf of the Board; and
.-'
2. Accept the conveyance instruments for the necessary right-of-way and authorize staff
close on the purchase of the right-of-way and to record said conveyance instruments in
the public records of Collier County, Florida; and
3. Approve any and all budget amendments necessary to implement the collective will of
the Board.
,-"
Agenda Item No, 1685
May 11, 2004
Page 2 of 15
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16B5
Approve two purchase agreements for the acquisition of right of way required
for the construction of a six-lane section of Collier Boulevard (CR-951) and
intersection improvements at Vanderbilt Beach Road (Project Nos. 63051 and
No. 65061). .Estimated fiscal impact: $660,500.
5/11/20049:00:00 AM
Prepared By
Paul Young
Transportion Services
Property Acquisition Specialist
TECM-ROW
Approved By
Date
Kevin Hendricks
Transportion Services
Right Of Way Acquisition Manager
Transportation Engineering and
Construction
4128/20042:59 PM
Approved By
Gregg R. Strakaluse
Transportion Services
Transportation Engineeringl
Construction Mgmt Director
Transportation Engineering and
Construction
Date
4/28/2004 8:00 PM
Approved By
Date
Lisa Taylor
Transportion Services
Management/Budget Analyst
Transportation Administration
4128120044:19 PM
Approved By
Date
Sharon Newman
Transportion Services
Accounting Supervisor
Transportation Administration
4/29/200410:34 AM
Approved By
Date
Diane Perryman
Transportion Services
Executive Secretary
Transportation Services Admin.
412912004 3:45 PM
Date
Approved By
Norm E. Feder. AICP
Transportion Services
Transportation Division Administrator
Transportation Services Admin.
4/29/2004 3:33 PM
Date
Approved By
Pat lehnhard
County Manager's Office
Administrative Assistant
Office of Management & Budget
4/2912004 4:13 PM
Date
Approved By
Susan Usher
County Manager's Office
Senior Management/Budget Analyst
Office of Management & Budget
4/30/2004 3:49 PM
Date
Approved By
Michael Smykowski
County Manager's Office
Management & Budget Director
Office of Management & Budget
5/4/2004 8:44 AM
Approved By
Date
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
Agenda Item No. 1685
r{¥~qo,t, ~AM
P:'IgP. ~ of 1!'i
PROJECT: 65061
PARCEL No: 130
FOLIO No: a portion of 00204280008
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into this - day of , 2004, by and between
MARK L. LINDNER, TRUSTEE UNDER UNRECORDED LAND TRUST DATED
JANUARY 4, 1999 (hereinafter referred to as "Owner"), whose address is 2206
Majestic Court, Naples, FL 34110, and COLLIER COUNTY, a political subdivision of
the State of Florida, its successors and assigns (hereinafter referred to as "Purchaser");
WHEREAS, Purchaser requires a fee estate in that land described in Exhibit "A"
(hereinafter referred to as the "Property"), which is attached hereto and made a part of
this Agreement; and
WHEREAS, Owner desires to convey the Property to Purchaser for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the
Property;
NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of
which is hereby mutually acknowledged, it is agreed by and between the parti~s as
follows:
1.
Owner shall convey the Property to Purchaser for the sum of $369,480.00 payable
through American Government Services Corporation, as settlement agent for the
disbursement of proceeds incident to said sale and conveyance of the Property
(said transaction hereinafter referred to as the "Closing"), Said payment shall be
full compensation for the Property conveyed, including all landscaping, trees,
shrubs, improvements. and fixtures located thereon, and for any damages
resulting to Owner's remaining lands, and for all other damages in connection with
conveyance of said Property to Purchaser, including all attorneys' fees, expert
witness fees and costs as provided for in Chapter 73, Florida Statutes.
2.
Prior to Closing, Owner shall obtain from the holders of any liens, exceptions
and/or qualifications encumbering the Property, (other than those set forth on
Exhibil "B" attached hereto and made a part hereof, which Purchaser shall take
subject to, and which are hereinafter referred to as the "Permitted Exceptions", the
execution of such instruments which will remove or release such encumbrances
from the Property upon their recording in the public records of Collier County,
Florida. Owner shall provide such instruments, properly executed, to Purchaser
on or before the date of Closing.
3.
Both Owner and Purchaser agree that time is of the essence in regard to the
closing, and that therefore Closing shall occur within sixty (60) days from the date
of execution of this Agreement by the Purchaser. At Closing, Purchaser shall
deliver to Owner through the settlement agent, American Government Services
Corporation, the purchase price in the form of cashier's check or immediately
wired federal funds, and Owner shall deliver the conveyance instrument to
Purchaser in a form acceptable to Purchaser.
Agenda Item No. 1685
May 11, 2004
Page 4 of 15
~-~--_._~
- -- -~--~
~- ~ ---- -----~~-~~~~-_._~
Purchase Agreement
Page 2
4.
Conveyance of the Property by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated herein; and this written
Agreement, including all exhibits attached hereto, shall constitute the entire
Agreement and understanding of the parties with regard to the sale of the
Property by Owner to Purchaser, and there are no other prior or contemporaneous
written or oral agreements, undertakings, promises, warranties, or covenants not
contained herein with respect to same.
Owner is aware and understands that the "offer" to purchase represented by'this
Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida.
5.
6.
Owner represents, to the best of Owner's actual knowledge, and based on the
Phase I Environmental Site Assessment report dated June 3, 2003, prepared by
Professional Service Industries, Inc. (a copy of which was delivered to Purchaser
June 18, 2003) (the "Phase I Report"), and except as otherwise set forth in the
Phase I Report, that the Property and all uses of the Property have been (during
the period of Owner's ownership of the Property) and presently are in compliance
with all Federal, State and Locar environmental laws; that no hazardous
substances have been generated, stored, treated or translerred on the Property
during the period of Owner's ownership of the Property except as specifically
disclosed to the Purchaser; that the Owner has no knowledge of any spill or
environmental law violation on any property contiguous to or in the vicinity of the
Property to be sold to the Purchaser; and that the Owner has not received notice
and otherwise has no knowledge of a) any spill on the Property, b) any existing or
threatened environmental lien against the Property or c) any lawsuit, proceeding
or investigation regarding the generation, storage, treatment, spill or transfer of
hazardous substances on the Property. This provision shall survive Closing and is
not deemed satisfied by conveyance of title.
7.
Owner shall indemnify, defend, save and hold harmless Purchaser against and
from, and to reimburse Purchaser with respect to, any and all damages, claims,
liabilities, laws, costs and expenses (including without limitation reasonable
paralegal and attorney fees and expenses whether in court, out of court, in
bankruptcy or administrative proceedings or on appeal), penalties or fines incurred
by or asserted against Purchaser by reason or arising out of the breach of
Owner's representation under Section 6. This provision shall survive Closing and
is not deemed satisfied by conveyance of title.
8.
Purchaser shall pay for all recording fees for the Warranty Deed, and for any and
all costs and/or fees associated with securing and recording any Partial
Release(s) of any mortgage(s) recorded against the Property, and for the fees to
record any curative instruments required to clear title to the extent required by
Section 2 hereof, except for any and all costs and expenses required to secure
and record releases and/or satisfactions from judgment creditors, which fees,
costs and/or expenses shall be the responsibility of the Owner, In accordance
with Statutory exemptions prohibiting payment of documentary stamp taxes by
Purchaser, Owner shall pay all documentary stamp taxes required on the
instrument(s) of transfer,
9.
This Agreement and the terms and provisions hereof shall be effective as of the
date this Agreement is executed by both parties and shall inure to the benefit of
and be binding upon the parties hereto and their respective heirs, executors,
personal representatives, successors, successor trustees, and/or assignees,
whenever the context so requires or admits.
Agenda Item No. 1685
May 11, 2004
Page 5 of 15
..~---~--~.
Purchase Agreement
Page 3
10. If the Owner holds the Property in the form of a partnership, limited partnership,
corporation, trust or any form of representative capacity whatsoever for others,
Owner shall make a written public disclosure, to the extent necessary according to
Chapter 286, Florida Statutes, under oath, of the name and address of every
person having a beneficial interest in the Property before the Property held in such
capacity is conveyed to Purchaser, its successors and assigns. (If the corporation
is registered with the Federal Securities Exchange Commission or registered
pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general
public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.)
11. Closing of this Purchase Agreement, in conjunction with closing of that certain
Purchase Agreement for Parcel 179, shall satisfy all compensating right of way
requirements under the Mission Hills PUD specifically as they relate to item "I" on
page 15 of Section V "Development Commitments" as to right of way
requirements for Vanderbilt Beach Road and for Collier Boulevard.
12. Owner and Purchaser hereby acknowledge that Owner's (or Owner's succes$.or in
title) development of a retail shopping center on land adjacent to the Property may
be completed prior to Purchaser's road widening project planned for the Property.
Purchaser hereby agrees that in the event and to the extent that trees and
vegetation have not been cleared from the Property by Purchaser, Owner (or
Owner's successor in title to the shopping center land) shall have the right (but not
the obligation) at Owner's sole cost and expense, to clear trees and vegetation
from the Property. This provision shall survive Closing.
13. This Agreement may be assigned by Owner to Destin Retail, Inc. (or an affiliate of
Destin Retail, Inc. [collectively, "Destin"J) in the event that Destin closes on the
purchase of that certain real property described in that certain Agreement for Sale
and Purchase, between Owner and Destin, dated February 8, 2002 (which
includes the Property), before the closing on the Property by Purchaser
hereunder.
14. The closing under this Agreement shall take place simultaneously with the closing
under that certain Purchase and Sale Agreement entered into between Owner
and the Purchaser dated of even date herewith, for the sale by Owner and
purchase by Purchaser of certain real property located adjacent to the Property.
Notwithstanding the foregoing, in no event shall this provision be deemed to
preclude Purchaser from proceeding with any condemnation action currently
contemplated with respect to the Property (if any) in the event that the transaction
contemplated hereby does not close by May 31,2004.
15. The Developer has indicated that turn lanes shall be constructed to County
standards by the Developer prior to road construction activities occurring. If the
Developer does not construct turn lanes into development prior to the road
construction project, Developer shaU pay County for construction of turn lanes or
said turn lanes will not be constructed as part of the County's project
16. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this - day of , 2004.
Agenda Item No, 1685
May 11 , 2004
Page 6 of 15
I .
! .
i
Purchase Agreement
Page 4
Property acquisition approved by BCC pursuant to Resolution No. 2003-372. .~ated
October 28, 2003.
AS TO PURCHASER:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
Donna Fiala, Chairman
, Deputy Clerk
AS TO OWNER:
MARK L. LlNDNER,TRUSTEE under
Unrecorded land trust dated
¡Cl:L ~
Witness (Si ature)
C! Ho'i: L ¡; J-h '- L-
Name (Print or Typeh ,J1
~~,~
Witness (Signature)
L ,s. ~ I-¡L
Name (Print or Type)
MARK L. LINDNER
Approved as to form and
legal sufficiency:
Heidi Ashton
Assistant County Attorney
Agenda Item No, 1685
May 11, 2004
Page 7 of 15
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-----------------
LINE TABLE
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Permitted Encumbrances
L
The lien of the taxes and special assessments for the year 2004 and all subsequent years,
which are not yet due and payable.
2.
Collier County Ordinances as recorded in O.R. Book 619, Page 1177; and O.R. Book
619, Page 1182; and O.R. Book 619, Page 1191; and Collier County Adequate Facilities
Ordinance No.: 93-82. recorded in O.R. Book 1894, Page 1096, COLLIER County
Records.
3.
Oil, gas ånd mineral rights as set forth in Deed. by Brace Coxporation, recorded in Deed
Book 34, Page 286, COLLIER County Records.
4.
Oil, gas and minerals rights as set forth in Deed, by Barron Collier, Jr. and Miles Collier.
recorded in Deed Book 30, Page 91. COLLIER County Records.
5.
Any adverse claim to any portion of said land which has been created by artificial means
or has accreted to any such portion so created and riparian rights, if any.
STP:41 1273:1
PROJECT: 63051
PARCEL No: 179
FOLIO No: a portion of 00204760201
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into this - day of , 2004, by and between
MARK L. LINDNER, TRUSTEE UNDER UNRECpRDED LAND TRUST DATED
JANUARY 4, 1999 (hereinafter referred to as "Owner"), whose address is 2206
Majestic Court, Naples, FL 34110, and COLLIER COUNTY, a political subdivision of
the State of Florida, its successors and assigns (hereinafter referred to as "Purchaser");
WHEREAS, Purchaser requires a fee estate in that land described in Exhibit "A"
(hereinafter referred to as the "Property"), which is attached hereto and made a part of
this Agreement; and
WHEREAS, Owner desires to convey the Property to Purchaser for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the
Property;
NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of
which is hereby mutually acknowledged, it is agreed by and between the parties as
follows:
1.
Owner shall convey the Property to Purchaser for the sum of $287,354.00 payable
through American Government Services Corporation, as settlement agent for the
disbursement of proceeds incident to said sale and conveyance of the Property
(said transaction hereinafter referred to as the "Closing"). Said payment shall be
full compensation for the Property conveyed, including all landscaping, trees,
shrubs, improvements, and fixtures located thereon, and for any damages
resulting to Owner's remaining lands, and for all other damages in connection with
conveyance of said Property to Purchaser, including all attorneys' fees, expert
witness fees and costs as provided for in Chapter 73, Florida Statutes. It is
mutually understood that the portion of the Property described in Exhibit "A" is
being acquired under the threat of condemnation.
2.
Prior to Closing, Owner shall obtain from the holders of any liens, exceptions
and/or qualifications encumbering the Property, (other than those set forth on
Exhibit "B" attached hereto and made a part hereof, which Purchaser shall take
subject to, and which are hereinafter referred to as the "Permitted Exceptions", the
execution of such instruments which will remove or release such encumbrances
from the Property upon their recording in the public records of Collier County,
Florida. Owner shall provide such instruments, properly executed, to Purchaser
on or before the date of Closing,
3.
Both Owner and Purchaser agree that time is of the essence in regard to the
closing, and that therefore Closing shall occur within sixty (60) days from the date
of execution of this Agreement by the Purchaser. At Closing, Purchaser shall
deliver to Owner through the settlement agent, American Government Services
Corporation, the purchase price in the form of cashier's check or immediately
wired federal funds, and Owner shall deliver the conveyance instrument to
Purchaser in a form acceptable to Purchaser.
Agenda Item No. 1685
May 11, 2004
Page 10 of 15
Purchase Agreement
Page 2
4.
Conveyance of the Property by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated herein; and this written
Agreement, including all exhibits attached hereto, shall constitute the entire
Agreement and understanding of the parties with regard to the sale of the
Property by Owner to Purchaser, and there are no other prior or contemporaneous
written or oral agreements, undertakings, promises, warranties, or covenants not
contained herein with respect to same.
5.
Owner is aware and understands that the "offer" to purchase represented by this
Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida.
6.
Owner represents, to the best of Owner's actual knowledge, and based on the
Phase I Environmental Site Assessment report dated June 3, 2003, prepared by
Professional Service Industries, Inc. (a copy of which was delivered to Purchaser
June 18, 2003) (the "Phase I Report"), and except as otherwise set forth in the
Phase I Report, that the Property and all uses of the Property have been (during
the period of Owner's ownership of the Property) and presently are in compliance
with all Federal, State and Local environmental laws; that no hazardous
substances have been generated, stored, treated or transferred on the Property
during the period of Owner's ownership of the Property except as specifically
disclosed to the Purchaser; that the Owner has no knowledge of any spill or
environmental law violation on any property contiguous to or in the vicinity of the
Property to be sold to the Purchaser; and that the Owner has not received notice
and otherwi!le has no knowledge of a) any spill on the Property, b) any existing or
threatened environmental lien against the Property or c) any lawsuit, proceeding
or investigation regarding the generation, storage, treatment, spill or transfer of
hazardous substances on the Property. This provision shall survive Closing and is
not deemed satisfied by conveyance of title.
7.
Owner shall indemnify, defend, save and hold harmless Purchaser against and
from, and to reimburse Purchaser with respect to, any and all damages, claims,
liabilities, laws, costs and expenses (including without limitation reasonable
paralegal and attorney fees and expenses whether in court, out of court, in
bankruptcy or administrative proceedings or on appeal), penalties or fines incurred
by or asserted against Purchaser by reason or arising out of the breach of
Owner's representation under Section 6. This provision shall survive Closing and
is not deemed satisfied by conveyance of title.
8.
Purchaser shall pay for all recording fees for the Warranty Deed, and for any and
all costs and/or fees associated with securing and recording any Partial
Release(s) of any mortgage(s) recorded against the Property, and for the fees to
record any curative instruments required to clear title to the extent required by
Section 2 hereof, except for any and all costs and expènses required to secure
and record releases and/or satisfactions from judgment creditors, which fees,
costs and/or expenses shall be the responsibility of the Owner. In accordance
with Statutory exemptions prohibiting payment of documentary stamp taxes by
Purchaser, Owner shall pay all documentary stamp taxes required on the
instrument(s) of transfer,
9.
This Agreement and the terms and provisions hereof shall be effective as of the
date this Agreement is executed by both parties and shall inure to the benefit of
and be binding upon the parties hereto and their respective heirs, executors,
personal representatives, successors, successor trustees, and/or assignees,
whenever the context so requires or admits.
Agenda Item No. 16B5
May 11 2004
Page 11 of 15
Purchase Agreement
Page 3
10. If the Owner holds the Property in the form of a partnership, limited partnership,
corporation, trust or any form of representative capacity whatsoever for others,
Owner shall make a written public disclosure, to the extent necessary according to
Chapter 286, Florida Statutes, under oath, of the name and address of every
person having a beneficial interest in the Property before the Property held in such
capacity is conveyed to Purchaser, its successors and assigns. (If the corporation
is registered with the Federal Securities Exchange Commission or registered
pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general
public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.)
11. Closing of this Purchase Agreement, in conjunction with closing of that certain
Purchase Agreement for Parcel 130, shall satisfy all compensating right of way
requirements under the Mission Hills PUD specifically as they relate to item "I" on
page 15 of Section V "Development Commitments" as to right of way
requirements for Vanderbilt Beach Road and for Collier Boulevard.
12. Owner and Purchaser hereby acknowledge that Owner's (or Owner's successor in
title) development of a retail shopping center on land adjacent to the Property may
be completed prior to Purchaser's road widening project planned for the Property.
Purchaser hereby agrees that in the event and to the extent that trees and
vegetation have not been cleared from the Property by Purchaser, Owner (or
Owner's successor in title to the shopping center land) shall have the right (but not
the obligation) at Owner's sole cost and expense, to clear trees and vegetation
from the Property. This provision shall survive Closing.
13. This Agreement may be assigned by Owner to Destin Retail, Inc. (or an affiliate of
Destin Retail, Inc. [collectively, "Destin"]) in the event that Destin closes on the
purchase of that certain real property described in that certain Agreement for Sale
and Purchase, between Owner and Destin, dated February 8, 2002 (which
includes the Property), before the closing on the Property by Purchaser
hereunder.
14. The closing under this Agreement shall take place simultaneously with the closing
under that certain Purchase and Sale Agreement entered into between Owner
and the Purchaser dated of even date herewith, for the sale by Owner and
purchase by Purchaser of certain real property located adjacent to the Property.
Notwithstanding the foregoing, in no event shall this provision be deemed to
preclude Purchaser from proceeding with any condemnation action currently
contemplated with respect to the Property (if any) in the event that the transaction
contemplated hereby does not close by May 31, 2004.
15. The Developer has indicated that turn lanes shall be constructed to County
standards by the Developer prior to road construction activities occurring. If the
Developar does not construct turn lanes into development prior to the road
construction project, Developer shall pay County for construction of turn lanes or
said turn lanes will not be constructed as part of the County's project.
16. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
Agenda Item No. 1685
May 11, 2004
Page 12 of 15
-- --------
Purchase Agreement
Page 4
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this - day of , 2004,
Property acquisition approved by BCC pursuant to Resolution No. 2002-463, dated
November 5, 2002.
AS TO PURCHASER:
DATED:
ATTEST: .
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Deputy Clerk
BY:
Donna Fiala, Chairman
AS TO OWNER:
MARK L. LlNDNER,TRUSTEE under
Unrecorded land trust dated
JC'" 4,1999 L
1_1~, ~L
Wil11ess (Si ature)
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Name (Prin or TYPe)~
~~,-
Wil11ess (Signature)
J-.:r.~/fL
MARK L. LINDNER
Name (Print or Type)
Approved as to form and
legal sufficiency:
Heidi Ashton
Assistant County Attorney
Agenda Item No. 1685
May 11, 2004
Page 13 of 15
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EXHIBIT B
Permitted Encumbrances
1.
The lien of the taxes and special assessments for the year 2004 and all subsequent years.
which are not yet due and payable.
2.
Collier County Ordinances as recorded in O.R. Book 619. Page 1177; and O.R. Book:
619. Page 1182; and O.R. Book 619. Page 1191; and Collier County Adequate Facilities
Ordinance No.: 93-82, recorded in O.R. Book 1894. Page 1096, COLLIER County
Records.
3.
Oil. gas and mineral rights as set forth in Deed, by Brace Corporation, recorded in Deed
Book 34. Page 286. COLLIER County Records.
4.
Oil. gas and minerals rights as set forth in Deed, by Barron Collier, Jr. and Miles Collier,
recorded in Deed Book: 30. Page 91. COLLIER County Records.
5.
Any adverse claim to any portion of said land which has been created by artificial means
or has accreted to any such portion so created and riparian rights. if any.
STP:411273:1
"..-
Executive Summary
Recommendation that the Board Terminate Contract # 03-3558 "Lely
Golf Estates M.S.T. U. Roadway Grounds Maintenance."
~ To ensure proper services for the maintenance of medians within the
Lely Golf Estates Beautification M.S.T.U.' s boundaries.
CONSIDERATION:
1. The Board of County Commissioners awarded the referenced contract on September
23, 2003 to Green Heron Landscapes, Inc. 2. Since the Notice to Proceed was issued in
October, 2003, Green Heron Landscapes, Inc. has failed to meet many of the contracts
tasks. During monthly site inspections with staff and the Advisory Committee's
consultant, deficiencies were pointed out to Green Heron's contract manager, but most of
these deficiencies were not corrected. At each of the MSTIJ Advisory Committee
meetings, deficiencies were also pointed out to Green Heron's contact manager, but
corrections were not made.
.-
3. At their April 15, 2004 regularly scheduled meeting, the Advisory Committee voted 4-
0 for staff to terminate the contract with Green Heron Landscapes, Inc. as soon as
possible to prevent further decline and loss to their landscaped medians, During the
remainder of the contract time, (4 months) since the balance of the contract is less than
the $25,000 formal competitive threshold, selection of a fIrm to provide interim services
will be made at the staff level. Staff will also prepare to solicit new bids for the new
fiscal year.
FISCAL IMPACT: Funds are available in 152 162541 in the amount of $24,944.00
which will cover the 4 months of remaining service.
GROWTH MANAGEMENT IMPACT:
impact.
There is no growth management
RECOMMENDA TION: It is recommended that the Board of County
Commissioners terminate the current contract with Green Heron Landscape, Inc,
~
Agenda Item No. 1686
May 11, 2004
Page 1 of 22
-.----.-....
... """""""""""-,-,.,....,,.....',
. -.----.--.--
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
-
Item Number
16B6
Item Summary
Recommendation that the Board Terminate Contract # 03-3558 "Lely Golf
Estates 1\11.5.T. U. Roadway Grounds Maintenance.-
Meeting Date
5/11/20049:00:00 AM
Prepared By
Bob Petersen
Project Manager
Transportion Services
Traffic Operations! ATM
Approved By
Bob Petersen
Project Manager
Date
Transportion Services
Traffic Operations! ATM
41301200410:38 AM
Approved By
Steve Carnell
PurchasingfGeneral Svcs Director
Date
Administrative Services
Purchasing
4/301200410:50 AM
Approved By
Diane B. Flagg
Traffic Operations and Alt Trans
Modes Director
Date
Transportion Services
Traffic Operations! ATM
4/30/200410:53 AM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportion Services
Transportation Services Admin.
4130/200411:20 AM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportion Services
Transportation Administration
4/30/2004 10:49 AM
Approved By
Pat Lehnhard
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
4130/2004 11 :25 AM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
4130120044:17 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
5141200.411:38 AM
Agenda Item No. 16B6
May 11,2004
Page 2 of 22
..---
.
GOLF EST A TES
BEAUTIFICATION MSTU
ADVISORY COMMITTEE
April 15,2004
Mr. Bob Petersen
Project Manager
Collier County Landscape Maintenance
2705 Horseshoe Drive S.
Naples, FL 34104
Dear Bob:
Late last summer the landscape maintenance contract for the Lely Golf Estates MSTU was
fe-bid because our 3-year contract with Commercial Landscape Maintenance expired.
This company had done an excellent job for us, They maintained open lines of
communication and were responsive when problems were called to their attention. Robert
Kindelan, President, took a hands-on approach and developed a good rapport with board
members.
When the contract was fe-bid, Commercial Landscape Maintenance, unfortunately, was
not the lowest bidder. As chairman of the MSTU, I attended a meeting with personnel
trom the purchasing department of Collier County when the contract was awarded to
Green Heron Landscaping, Inc, At that meeting, I was assured by Mr, Mike McNeil, Sales
Manager of Green Heron, that all of their paperwork waS in order, and they were ready to
begin work on October I, 2003.
On September 29,2003, Lely was hit with a severe thunderstorm that produced 10 inches
of rain in a few hours. Our landscaping sustained considerable damage and was in need of
immediate care. I was informed the first week of October that Green Heron's paperwork
was not in order, and their "notice to proceed" was delayed until October 15,2003. After
the storm, it was very dry for 3 weeks, and many of our newly ~ed plants on Pebble
Beach Blvd. and Forest Hills died due to lack of water.
We asked Green Heron to place enriched top soil in the holes before the new, replacement
plants were placed in the ground. They forgot to do this and instead placed top soil over
Agenda Item No, 1686
May 11, 2004
Page 3 of 22
--
the plants after they were installed. This could be called the beginning of the gradual
deterioration of our landscaping over the next 7 months.
When you read the next 11 pages of excerpts ftom our monthly minutes and the quarterly
report of our landscape architect, Mike McGee, you will see that Green Heron
Landscaping has been cited repeatedly for the following:
.
Irrigation not working properly, i.e., clocks not set properly, valves stuck or
turned oft: etc.;
.
Weeldy irrigation checks not being performed;
.
Pest controllaclång as there were constant problems with turf and shrubs;
.
Required paperwork not completed in a timely fashion;
.
Baltusrol monument area not being cleaned up for months;
.
Debris in medians not being picked up; a beer bottle highly visible in median #15
was not picked up for 3 weeks.
-,
The 10 attached photographs taken on April 11, 2004, verify the poor condition of our
landscaping. The change of the account manager ftom Doug Green to Derrick K.ahl on
March 18,2004, is an indication that the management is not performing to contract
standards.
We have several major landscaping projects going out for bid. I am concerned about
initiating these contracts when Green Heron has repeatedly demonstrated they are
incapable of maintaining landscaping to our standards.
I would urge board members and county personnel to develop a course of action that will
solve this problem immediately.
Sincerely,
ó<:~~
Robert Slebodnik
Chairman
Lely MSTU
Cc:
Tony Branco
Bob Cole
Bill Erickson
Ron Torp
Mike McGee
Agenda Item No. 1686
May 11, 2004
Page 4 of 22
Lely Golf Estates Beautification
Advisory Committee
Minutes - Meeting of October 16, 2003
1.
MEETING called to order at 4:03 pm.
2.
LOCATION: TOA TM Conference Room.
3,
ATTENDANCE: Present - Bill Erickson, Robert Cole, Tony Branco, Ron Torp
and Bob Slebodnik, members; Val Prince, Traffic Operations & Alternative
Transportation Modes (TOA TM); Doug Green, Account Manager, and Mike
McNeil, Sales Manager, Green Heron Landscapes Inc.; Jacqueline Silano,
recording secretary, Excused Absence: Mike McGee, McGee & Associates and
Bob Petersen, TOA TM.
MINUTES OF SEPTEMBER 11TH MEETING: SA - Last sentence refers to
county water not city water. Old Business, 10B, last sentence should read -
The committee agreed that if the Lely Civic Association does not pay for the
signs then a Joan to cover the cost would be looked into. Bill Erickson moved to
accept the minutes as amended; seconded by Tony Branco and carried
unanimously.
4.
5.
LANDSCAPE MAINTENANCE CONTRACTOR'S REPORT
A. Doug Green advised that there was a main line break on median #2; an
irrigation inspection is being conducted today.
B, Bob Siebodnik expressed his displeasure in how the transition from the
former contractor to the new contactor had taken place. The Notice to
Proceed Order was not issued until October 1S, 2003, due to Green Heron
not having their proof of insurance papers in order at this time, Bob
Petersen suggested that a special invoice could be issued to Commercial
land to repair the damaged irrigation system caused by the severe storm on
September 29. Lely received approximately 10 inches of rain in a 12 hour
period on this day. Green Heron management refused to consider this
option,
During the 2 week period following the heavy rain, it was extremely dry. The
irrigation system was off, irrigation leaks were not repaired and, as a result,
many plants that were in marginal condition died due to lack of water. Mr.
Slebodnik asked Doug Green why they did not use their water truck to water
the plants during this crisis. He did not have an answer.
Mr, Slebodnik said he did not feel the MSTU should have to pay for the
replacement of marginal plants that could have been revived with a little
water and fertilizer, Mr. Siebodnik said a fair compromise would be for the
Agenda Item No. 1686
May 11, 20~
Page 5 ofW
-
,-
MSTU to pay for the replacement of the marginal plants but not for the
installation charge. Doug Green said he did not ha~e the authority to make
this decision but would take the proposal to his father.
Poor communication and negligence on Green Heron's part was
inexcusable during this crisis situation.
C. Val Prince indicated that since there was no service provided by Green
Heron from October 1, 2003, to October15, 2003, the MSTU should not be
billed for this time period. Val noted that the irrigation system must be
repaired immediately, and a lot of restoration work to the medians should
begin soon. Val also suggested Green Heron take photographs of the
damage prior to the commencement of restoration work.
D. Bob Siebodnik commended Ron and Kathy Torp for picking up two loads of
dead plant material and debris from the medians on Pebble Beach Blvd.
They preformed this community service on a Sunday afternoon during the
time we were without the services of Green Heron.
E. Bob Cole advised that the lights on the sign and American Aag at the U.S.
41 entrance are still not working.
6.
TOATM REPORT
Val Prince distributed and reviewed copies of the budget. He also distributed a
budget report format used by the Bayshore Avalon MSTU. They added an
additional column, FY 02103 - Leftover Funds 2003-2004, which clarity to
leftover funds. OUf board members liked the new format and concurred that it
should be adopted for this fiscal year.
7.
HOUSEKEEPING ITEMS
A. Mr. Siebodnik asked if Risk Management has recouped any of the claims
filed by the MSTU the past few years. Val was not sure but said he would
check. Bob Siebodnik also expressed his concerns on recouping damages
from Miller Pipeline Corp. and their subcontractor, Greiner Corp. They are
relining the sewer pipes in Lely and, in the process, have driven their trucks
and equipment into the medians and cul-de-sacs causing damage to the
landscaping, curbs and irrigation system, Pam Lulich assured Mr. Siebodnik
that their contract would not be paid until the MSTU was reimbursed for the
damage they caused. Mr. Slebodnik suggested $3,000 to $4,000 be
withheld until the MSTU completes repairs and submits bills to the county.
Money not used would be sent back to Miller Pipeline. (Pam Lulich has
pictures taken by Mr. Siebodnik of the vehicles parked in the medians and
the damage they caused.)
B. Bob Siebodnik asked for more help from Jackie Silano with the respect to
secretarial services. Due to the length of the meetings and the amount of
busines that is conducted, he asked for the rough draft of the minutes be
sent to him within 7 days following the meeting as per her contract. It is very
difficult to recall all that transpired when minutes are reviewed 18 to 20 days
Agenda Item No. 1686
May 11, 2004
Page 6 of 22@
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the surface of the wall. The WaUl are to have a faux fInIsh that
resembles the marble used at the Lely Resort entrance. The expense of
this signage wUI be shared equally by the Lely Civic Assn. and the Lely
MSTU. Second by 8m ErIckson.
- Bob Petersen clarified the size of the. sign for bidding purposes.
- Tony asked about the fleur-de-lis and favors the original Lely
fleur-de-lis logo on the lely letterhead rather than the one that looks
Old english.
- Tony Branco pointed out the d1fference of the perIShed brass and
brushed gold discussed earlier.
Mr. Siebodnik amended his motion to state the fInal decIsIon on the
poUshed or brushed gold be left up to the sign company and the neur-
de-Us be the original Lely fleur-de-Os logo. Mr. Erickson amended his
second.
- The cost of the project wul be taken out of "contingency account."
Motton carried 4-1. Tony 8ranco voted "no". .
VI.
Grant Award - Diane Ragg
- Two grants had been applied for - One for Sidewalks and the
other for landscaping the front entry.
- Diane stated there were add1tlonal monies from other
Enhancement Grants she had received. so she moved $69.800 to
fully fund the Lely grants with no matching funds from the MSTU.
The money will be awarded during the '2fIJ6/07 fiscal year.
- Sidewalk portion Is being done before the Landscaping of the
front entry. The project will also Include the extension drainage
pipes and rebuilding the smalt bridge on St. Andrews Blvd.
V. landscape Maintenance Report - Green Heron
- Mulching completed
- Normal irrigation maintenance
- Turf being treated for Improvement of color next week
- Pest Control spraying next week
- Have not switched to city water yet - still on reclaimed water.
~~v CommIttee members:
- Move Mulch away from Palms
- Planting of Bougainvnleos
- Credit on installation of BougaInvilleas/due to no irlgatlon
for 21 days. (Credit on Installation charge on ~ of the
BougalnviUeas that were Installed. .
./ - Island 15 & t ~ bougalnvUleas not looIdng good
- Irrigation leak # 7 had been addressed .
./ - Scalping of grass - medians 1 & 2lnigatlon problem (looks dry)
Doug stoted it is probably thatch build up as it is being cut at the
Agenda Item No. 1686
May 11, 200~
Page 7 of 2~
3
I
2 Y2-3 Inches.
r' - Spraying technicians need to be more observant and cautious
with their techniques.
(Tony Bronco left at 4:55)
- Mike McGee mentioned they need to clean sand and resurface
the benches on Doral.
Signs on Doral - lob Slebodnlk moved at a later date the LeIy CIvIc Assn.
may bring before the committee a design for the DoraI entrance. Anal
approval for the sign wtI rest with the Lely MSTU Committee.
Second by lID Erickson. canted unanimously 4-0.
Ix.
Transportafton Operations Report - lob Petersen
A. Current ludget - Joanne Hartman handed out the Budget
(Attached) and explained the various Items and P.Ols.
Committee Reports: .
A. ludget Pro)ecfton Report - 18 ErIckson - will give report at next
meeting. Bob Petersen suggested an advance on the monies for
the Grant.
I. US 41 Entrance Landscape Committee - Ron Torp, Mike McGee
- Mike McGee gave report on doing a refurbishment on St.
Andrews Blvd. from Pebble Beach to US 41. Right-of-way Is limited
and working with Private Property OVIners Is necessary.
- Amendment needed for two easements
- Researched and verifled decorative lighting - near major arterial
3 foot candle light limit required.
- Pulling out 4 poles - route sidewalk aound exisflng poles - Approx.
$2,000 to remove the 4 poles.
x.
XI.
Landscape Architect's Report - MIke McG..
Old Iuslness:
A. RIsk Management Update - no Information at this time.
XII.
/"
~. l::J I;. r;.
XIII. New Business: ~ \'f..é, ~, I-
A. TIme Table for Front Entrance Landscaping - Bob Siebodnik and Bob
Petersen set up a time table for accompflShlng the various tasks for
the renovation of the medians on St. AndreWs Blvd. from Forest Hnls
to US 41 and for beautification of the front en1Ty from Pebble Beach
Blvd. to US 41. (Attached) The report was discussed and noted It Is
flexible.
I. Required Moftons which are necessary to proceed on Front Entry:
4
Agenda Item No. 1686
May 11, 200~
Page 8 of 2{!i¡
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IV.
v.
GOLF ESTATES BEAUTIFICATION MSTU
ADVISORY COMMInEE
2705 Horseshoe Drive South
Naples, FI 341 04
J8DIIUJ 15, 2004
~DteI
The meeting was called to order by Cbairmu Robert SlebodnÎk at 4: IS PM.
Attendance:
Memben: Tony Branco, Robert Cole, William Erickson, Robert
Slebodnik, Ron Torp-Excused
County: Bob Petersen-Landscape Operations, Joanne Hartman-MSTU
Operations Coordinator
Othen: Mike McGee-McGee & Assoc., Sue Chapin-Manpower Services
Approval of Aaenda
Bill Erickson moved to approve the Agenda as presented. Second by
Bob Cole. Carried Dnuimously 4-0.
Approval of Minutes - December 18, 1003
Page 4 #13 - add Mike McGee's name as helping set up the time table.
Robert Cole moved to approve tbe minutes of December 18, 1003 as
amended. Second by BUI Erickson. Carried unanimously 4-0.
Landscape Maintenance Report - Doul Green
No one tÌ'Om Green Heron was in attendance. Concerns ftom the Committee were
as follows:
. A number of Irrigation leaks on St. Andrews - (Bob & Mike are working
on correcting the problems)
Condition ofBougainvilleu - Median #15 & 18 - Pebble Beach
(1 year warranty) (Worms have stunted their growth)
Bob Petersen will have a meeting with Mike McGee aDd Doug Green
ftom Green Heron with several issues and concerns,
v . Sprinklers not normally on during daytime houn - a valve was stuck.
. Plant material for Forest Hills & Pebble Beach plus labor totals $5,249,00
. Twenty percent labor cost for replacement of Bougainvilleas - $260/270.
Committee will ask. Green Heron for the credit,
../ . Valley Stream irrigation not working (back flow preventer was shut off for
a month) Needs to be addressed.
. Median # 1 0 - St. Andrews Blvd. (Herbicide sprayed for annual grasses)
. ThryaIlis - Median #14 & 16 Agenda Item No. 1686
May 11, 2004
Page 9 of 22 cff)
./ .
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. Pentas -will be removed and irrigation checked - need to.replant with
different material - suggestions were red Ixoras, crown of thorns and
Juniper. The bed needs to be made smaller. Can do Pebble Beach as an
example of how the dwarf Crown of Thoms will flourish.
. Realty signs in medians were addressed - could possibly damage irrigation
- need to call Code Enforcement. .
.,¡' . Dora! benches - need new decks - will ask Greeo Heron if they have the
capabilities.
../'. Committee concerned about Green Heron's response to many issues being
addressed,
Landscape Architect's Report - Mike McGee
- From a maintenance perspective Mike McGee is also concerned about
V items not being addressed from Green Heron and not getting the report fonns that
need to be filled out bfthem. .
Transportation Operations Report - Bob Petenen & Joanne Bartman
A. Progress Report on Sign age, Project 1 & 1, Water Bills
Mike reported on Project 1 - He displayed the maps of Medians #3
through # 1 0 (except #5) for landscaping. Discussed the various plant
materials that will be removed and replaced. Information given was as
follows: .
. $22,266 for plant materiaVmulch and site preparation
(Not included - Pebble Beach and Forest Hills swap on Hibiscus
trees)
. Will need some tree replacements.
. More Bougainvilleas win be inserted in various places/St. Andrews and
Pebble Beach
. Revamping the irrigation estimate - $13-15,000
. Discussed the various items for upgrading the main line, including new
pump and pumping station (will make system more efficient) estimate-
$49,000 .
. Discussed doing the work simultaneouslYi the 2 W' main water line,
with pumping station and installing the plants estimated total cost is:
$87,000 (or) revamp the irrigation and upgrade the main water line:
$65,000. .
. Mike discussed different scenarios.
Report on Signage - Quotes will include cleaning the wall and full painting.
Bob Petersen stated the amount win be $1,200 per monument. Quotes will be
back the week of January 18th.
Water Bills - 2ooV02 - total consumption = $20,533
2002103 -" .. = 7,329
To Date -" .. = 2,614
(SeptlOctlNovlDecJJan) These are the heaviest water use months. Bob Petersen
thought maybe a new water meter was installed. .
The meter readings and watering.W88 discussed.
ws:s
2
Agenda Item No. 1686
May 11, 2004
Page 10 of 22 (fJ
GOLf ESTATES BEAUTifiCATION MSTU
ADVISORY COMMITTEE
2705 Horseshoe Drive South
Naples, FI 341 04
J' eb I"UI"Y 19, 2O(M
Minutes
L The meeting was called to order by Chairman Robert Sleboclnik at 4:1S PM.
n. Attendance:
Memben: Tony Branco, Robert Cole, Robert Slebodnik, Ron Torp,
William Erickson (Excused)
County: Bob Petersen-Landscape Operations, Joanne Hartman-MSTU
Coordinator
Othen: Mike McGee-McGee &: Assoc., Doug Green-Green Heron, Sue
Chapin - Manpower Services
m. Approval of Agenda
Bob Cole moved to approve the Agenda as presented. Second by Tony
Branco. Carried uDDimoudy 4-0.
IV. Approval of MiD utes - January IS, 2004
Bob Cole moved to approve the minutes of January Is, 2004. SecoDd by RoD
Torp. Two typing erron were noted on page 1. Carried unanimously 4-0.
V. Landscape Maintenance Report - Green BeronlDoug GreeD
/. Doug reponed problems with wonns on the BÓugainvilleas and
stated they were treated. They are now getting new growth.
. Has fertilized all turf. .
"'/. Irrigation issues are being worked out.
. Bougainvilleas on Forest Hills have been fertilized
..,. Entrance to Pinehurst - fountain grass bas too much fertilizer into
crown of plant - needs attention.
/. Valley Stream - clock &: valve problem will be addressed.
. Mulching and labor was discussed. .
VL Landscape Architect's Report - Mike McGee
¡/. Have done a ride around - addressed past issues and given
quarterly report to Green Huron. They need to be more active.
,/' . Green Huron is responsible for checking out irrigation boxes on a
weekly basis.
./ . Green Huron will provide a cost of gluing ~m. 1686
y'. Trash in medians and bougainvilleas will be addresse&1ay 11, 2004 ~
1 Page 11 of 22 \.LJ
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. Brown spots will be seen due to herbicides for carpetgrass
. Valley Stream - weeds also - resod
/. Pebble Beach - Tabebuia replacement
. Discussed getting proposal on crown of thorns, sidewalk
renovation. valve box, paving, lifting thé asphalt and swale to 41.
. Water situation with debris arid improving the drainage on St.
Andrews was discussed,
vn. Transportation Opentionl Report - Bob petenen '" Joanne Bartman
A. CulTent Budget - Joanne Bartman handed out Budget sheets.
(Attached)
- It was noted all bills are paid to-date.
- Fund balances were given.
- Explanations were given on the estimated figures when the Budget was
proposed for the 2003-2004 fiscal year.
- Nothing under Revenues is pending for traffic accidents in Lely. Bob
Petersen mentioned they have had a few accidents - Joanne will check
with Green ~on and the police reports further.
- Joanne handcii out a Crime Prevention sheet on a Neighborhood Watch
Program.
51
B. Progress Report on Signage - Bob Petenen gave three quotes.
- $10~065.24 -low bidder
- 10,415.50
- 10,600.00 .
- Pressure wash and faux finish was not included.
- After much discussion concerning the companies and the cost of the faux
finish painting, it was decided to get samples on a board trom the companies
for their faux finish painting.
/ - If George has not contacted the low bidder, they win contact two more
companies, (FeFiFo for Painting and Signcraft for Lettering) Bob Petersen
will also check with Purchasing to make sure there isn'~ a problem.
- Tony mentioned Lakewood removed "Deed Restricted Community" trom
their sign and Lely is now the only community with "Deed Restriction" on
theirs.
Bob Cole moved to get 2 quotes - one tro8 Sign Cnft and one from
FEFIFO. Second by Tony Bnnco.
The Committee's intent is to get two simple quotes for the above mentioned
companies and not put the whole package out for bid. The initial cost for the
design work and potential ramifications were also discussed.
Carried unanimously 4-0.
C. Project 1 '" 2 - Project 1 is the refurbishment of the irrigation on St.
Andrews.
- The pumping station and main line Will be proposed separately in the
bids, After the advance to the Committee of 569,800 both projects may be
short funds, The $70,000 Grant has to be used for the tront entrance,
Bob Petersen suggested they ask the Board of Couog Commissioners an
advance of the $70000 on next years Budget Agenda Item No. 1686
. . May 11, 2004
2 Page 12 of 22 @
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IV.
v.
GOLf ESTATES BEAUTIFICATION MSTU
ADVISORY COMMl1TEE
2705 Horseshoe Drive South
Naples. FI 341 04
Marda 18, 2ON
MINUTE S
The meeting was called to order by Chairman Robert Siebodnik at
4:00 PM
Attendance:
Memben: Tony Branco. Robert Cole. Robert Siebodnik, Ron Torp (4: 1 S).
William Erickson
County: Bob Petersen-Landscape Operations. Joanne Hartman (Excused)
Othen: Michael McNeill & Derrick Kahl-Green Heron. Mike McGee-
McGee & Assoc. and Sue Chapin-Manpower Services.
Approval or Agenda
"Budget" was moved to V. (A).
BiD Erickson moved to approve the Agenda as amended. Second by Tony
Branco. Canied unuimouly 4-0.
Approval or Minutes - February 19, 2004
DOl Erickson moved to approve tile minutes orFebraary 19,2004.
Second by Bob Cole. Carried unanimously 4-0. .
Landscape Maintenance Report - Green BeronlDoug Green
Derrick Kahl- new Landscape Manager was introduced.
. Reflectors will be finished
. Maintenance being done weekly
vi. Irrigation is being repaired at main entrance
./. All repairs will be finished by Monday (piping was damaged and wires
cut)
. Expenses will not come out of the MSTU for any damages caused by
installation of sidewalk.
,/ . Valley Stream inigation - will rc-check to make sure it is running
1 ooefo.
. Crown of Thoms - waiting for sidewalk renovation to be completed.
¥'. St Andrews Median - inigation was discussed.
. Crown of Thoms will be planted on the tip on Pebble Beach when
sidewalk is finished. Agenda Item No. 1686
1 May 11, 2004
Page 13 of 22 @
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. 2 trees # 17 - T abebuia trees - flower now ~d drop their blossoms
. Treated bougainvilleas - applied granular application
. Broken sign - Island #3 - will be picked up
Ý. Do better job of picking up trash.
>./'. Fountain grass to be cut and the area cleaned around signs at Baltusrol
(Ron Torp arrived at 4:15 PM)
VL
VB.
Ron stated they need more follow-up and better maintenance ftom the
Landscapers,
A. Budget Report: BiD Erickson
- Bill handed out the Budget Projection sheet (Attached).
- He covered the Capital Improvements, estimated Revenues and Projects
1 and 2. Projected costs were covered.
- Different scenario options were presented by Bob Petersen. He felt the
projection figure for revenues for 2004/05 of $56,500 was on the low
side,
- $60,000 is available in their budget in Improvements General.
- The $40,400 Revenue figure for 2003/04 should be changed to $60.000.
- Bob Petersen will move the reserve contingencies later in the year.
- A lengthy discussion was held on the projected figures.
Bob Cole moved to have the County go out for bids for Project 1.
Second by Ron Torp.
Project 1 is to install new irrigation pumping station; install new 2 Yz main
water tine on St. Andrews Blvd. ftom Forest Hills to Pebble Beach Blvd,
& upgrade plant material in the medians.
Carried unanimously 5-0.
Landscape Architect's Report - Mike McGee
Transportation Operations Report - Bob Petenen " JOaDne Bartman
A. Current Budget It Insunnce Claims - Joanne Bartman
Bob handed out the Budget Sheets - (Attached).
- Covered the line items and Capital Outlay.
- Question was asked about the ftont entrance, ¡fthere is a final plan and
the decision on the easements.
- Bob responded the Attorney's Office stated they can use a "Letter of
Agreement". Rather than using Surveys.
B. Progress Report on Signage - Bob Petersen
After further investigation of the faux finish painting, Bob Petersen also
found they need to make sure the stucco has a smooth finish so the faux
finish looks like marble.
. Quote trom Robert Schekley = $6,500
. Quote trom FeFiFo = $4.725
. Low bidder for project was: $10.065.24 - Sign Tek .
10.415.50 - Naples Sign
10,600.00 ~gØ Item No. 1686
May 11, 209b1
Page 14 of 4.f.9I
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?Ite t¡ee &,4 44ðdate4
Landscape Architecture
* ENVIRONMENT At MANAGEMENT *
MAINTENANCE OBSERVATION
~ MEMORANDUM
D REMINDER
0 * URGENT NOTICE *
Design * Euvironmenta1 Management * Planning
* Consulting Arborist *
5079 Tamiami Trail East - Naples, Florida 34113
Phone: (239) 417-0707
Mobile: (239) 289-5545
Fax: (239) 417-0708
E-mail: McGeeAssoc@aol. com
I Date: . t 01127/04
Attention: Bob
To: Mr. Bob Petersen, Project Manager Subject / Projed: Lely Golf Estates MSTU
Company: Collier County Transportation M&A Project No.: 2004-008
Alternative Transportation Modes Dept.
Add ress 2705 South Horseshoe Drive,
Naples, Florida 34104
Fax No: (239) 213-5899
E-mail: BobPete rsen/1Y)collieroov. net
Number of Sheets to Follow This Cover Sheet: 7 Original to Follow by Mail: 0 Yes ~
No
We are Transmitting the Following: D Letter 0 Proposal 0 Sketch Dlnvoice 0 Report
~ Other FY 03-04 First Quarter Maintenance Observation Sheets
~ Reply is
0 For approval 12] For your use ~ Attention required 0 As requested requested
- On-site observations were performed 10/03, 11/03 and 12/03 with the following items being observed. These observations
and comments are not intended to be all-indusive and any items or service item not addressed does not constitute
approval or acceptance of services, The maintenance contractor shall address listed items, as soon as possible. This
report shall be signed, dated and returned to the consultant prior to the next quarterly report ending date of 04/01/04.
General Comments:
1, Contrador is not being response to maintenance concerns/problems being brought to the Contrador attention
during monthly reviews. Items brought to the Contractor's attention during December's site review have not been
address as of 1115104, Le. backflow device malfundioning causing turf areas to become water stressed with turf
dying.
2. Contractor is not performing fully the contract required inigation system review on a weekly basis, During the
January site review without the Contrador a valve box in median number six was found totally covered with mulch
and has not been reviewed in sense the last mulching. The water stressed turf and malfunctioning backflow device
in median #13 are also indications the Contractor is not totally performing inigation reviews per the contrad
requirements.
3. All dwarf Bougainvillea beds need to be evenly pruned in height during the next scheduled heavy pruning. Review
medians #15 thru 18 as examples,
4. The .General Maintenance Report Sheets. were originally developed for the Contractor to fill out weekly and submit
to the Consultant monthly at the site review for the Consultants signature and comments. This procedure is not
being presently followed. I tis recommended the above procedure be reinstated with the Consultant having to
review and sign repot sheets prior to submittal with pay request.
5. It is recommended to install the green colored RPM's on top of the curbing at all valve locations.
If you have any questions please feel free to call any time,
Agenda Item No. 16fWJ
May 11, 2 /
Paae 15 of
\\DnftinaldrawingalDrawings\Mc:Gee A Auoc 0encn1 Office Filca\CC MSTtr8\LEL Y MS11J\Main14nance reporb\Maint Reporb FY 03~\Dccembcr 03\Backup of
LcJy MSTIJ Maim Report Cover Sheet 0 J -26-04. whit
-
I.
II.
Ill.
IV.
v.
VI.
GOLF ESTATES BEAUTIFICATION MSTU
ADVISORY COMMITTEE
2705 Horseshoe Drive South
Naples, FI 34104
April 15,2004
MINUTES
Meeting was called to order by Chairman Robert Slebodnik at 4:01 PM.
Attendance:
Members: Robert Slebodnik, Tony Branco, Bill Erickson, Robert Cole, Ron
Torp (Excused) .
County: Bob Petersen-Landscape Operations
Others: Michael McGee-Mike McGee & Assoc" Sue Chapin-Manpower
Services, Derrick Kahl-Green Heron (absent)
Approval of Agenda - BiU Erickson moved to approve the Agenda as
presented. Second by Bob Cole. Carried unanimously 4-0.
Approval of Minutes - March 18,2004
Page 2 - Budget Report - explained the figure was from Mr.
Erickson's report with the three year projections. It is "available" funds.
Page 3 - Change typo on Section X - should read "he felt "we" should
tenninate their Contract."
Bill Erickson moved to approve the minutes of March 18, 2004 as
amended. Second by Bob Cole. Carried unanimously 4-0.
Landscape Maintenance Report - Green Heron
Not in attendance.
Landscape Architect's Report - Mike McGee
After his ride-a-round with Bob Petersen, noticed many items that had
been mentioned to Green Heron 30-60 days ago have still not been
addressed by Green Heron, Some items are as follows:
. Irrigation problems over 30/60 days old,
. New problems created due to disease on Sable Palms
. Trimming of Bougainvilleas in some areas and not in others.
. Mowed one half of the island in Median # 13 and not the other area.
. Did not show up for the scheduled ride-a-round.
. Has not serviced the area after stonn or week before
. Has lost communication with them
1
Agenda Item No, 16B6
May 11, 2004
Page 16 of 22
.
Pebble Beach Bougainvilleas declining - Forest Hills are okay
Water on pop-ups-checked the drip box and found valve turned off
Was supposing to re-fertilize Forest Hills - not sure it was done,
Not enough water on Island 1 & 2
Alamandas not looking good,
Valve breaks not fixed - couldn't shut off - should not be a
pressurized line, only run when the valves run, disconnected wires
to valves and had to shut off with the backflow.
Water meter was shut off - new meter is now working.
Royal Palm sign in an inappropriate area and not very attractive.
Was cited by Code Enforcement that it was in the roadway, (State
right-of-way) It had to be moved and members felt it cheapened
the entrance. Bob Petersen will check with Code Enforcement to
find out what they can and cannot do with the sign so it can be
changed to a different location.
.
.
.
.
.
.
.
Transportation Operations Report - Bob Petersen
A. Budget - Bob handed out the Budget - current and proposed FY 2005.
(Attached)
. SAP program - Income was covered.
. Transfer of loan - shouldn't be on report - will have it removed
. The various ]ine items covered
. Transfer discussed in the past - staff charges for MSTU
. Total expenses of $206,400 budgeted
Proposed
. Covered various proposed line items
. Real Estate values discussed
. Current Mil rate is 2 Mils
. Committee to review and approve at May meeting
VII.
B. Progress Report on Signage - Bob Petersen
Tony showed the faux finish giving a marble fmish effect. The darker
green was favored by the Committee.
Bob Petersen mentioned FeFiFo is a small company and needed 50%
deposit. Bob checked with purchasing and is now resolved. The Purchase
Order for Lykens has been faxed and they will coordinate their work with
FeFiFo.
Tony mentioned he would feel better making sure Lykens has all the
details of the fleur-de-lis and the finish. The motion at the December
meeting stated the final decision of polished or brushed would be left up to
the sign company.
Bob Cole moved to let Tony handle the situation and work it out with
Likens. Motion dies for lack of a second.
Bob Slebodnik handed out a copy of the December minutes showing what
the committee voted on. After discussion on whether the sign letters
should be polished or brushed it was decided Tony work it out with
Agenda Item No, 1686"
May 11, 2004
Page 17 of 22
2
George Ramsey (President Lely Civic Assn,), show him the pictures and
call Bob Petersen with the final decision.
C. Project 1 & 2 - Committee authorized Bob Petersen to start the bidding
process for project 1, He is waiting for the Bid Documents from Mike
McGee.
D. Other - Letter to Mr. Vliet
Mr. Slebodøik handed out letter he wrote to Mr. Vliet (Supt. of Road
Maintenance) concerning the Lely Hibiscus Ditch near US41 and St.
Andrews Blvd, (Attached)
Being the committee is concerned about the storm water outflow Mr.
Prince suggested installing a culvert pipe that connects to the existing pipe
behind the St. Andrews Preschool.
Bill Erickson suggested they do the herbicide treatment after May when
the baby bird season is over. They will let Bob Slebodnik know when it
will be done and be coordinated with the season.
The land is now an easement for the County. They relinquish control to
the Committee as a beautification issue. Bob Petersen will check the
MSTU Ordinance,
VIII.
Committee Reports:
A. Budget Projection Report - Bill Erickson
B. US 41 Entrance Landscape Committee - Ron Torp, Mike McGee
C, Other
IX.
Old Business:
A. Review Executive Summary Loan Request Language for BCC
(Tabled)
Bob Petersen reported the Committee may want to ask for an advance now or
wait until next year.
Bob Slebodnik spoke with Commissioner Fiala stating the committee will be
submitting the Loan Request Executive Summary to the Board of County
Commissioners. She suggested they get it in as soon as possible,
Bob Petersen will do the Executive Summary right away asking for an
advance on the grant for $69,800.
B. Review Performance of Green Heron for last 4 weeks - Bob Slebodnik
A handout for the committee of the minutes from the last 6 months for a
review of Green Heron's performance was distributed. (Attached)
Bob Slebodnik mentioned they have been cited constantly and showed digital
pictures of the inadequacy of many of the beds and medians. Also mentioned
other deficiencies such as:
. Debris not cleaned up
. Dwarf Alamanda dieing
. Grass turning brown Median #4 and other areas
. Juniper is brown
. Baltusrol Monument area not trimmed properl:f\genda Item No. 1686
3 May 11 . 2004
Page 18 of 22
It was felt the Committee did not want to start project 1 or 2 with this
Landscaping Company as our maintenance contractor.
Bob Petersen stated the Committee has 2 options:
1) Request the Contract be Cancelled and go out for Bid/or
2) Wait until the end of the year and refuse to renew the contract and go
out for bid at that time.
Purchasing stated the documentation the Committee has..,. is not enough - they
suggested calling the Landscape Company and holding a meeting explaining the
deficiencies, find out what they will do about it and how long it is going to take
them to é"orrect the issues.
Mr, Petersen asked purchasing why the Contract states the County has a right to
cancel at any time. He infonned them the MSTU Committee will probably vote
to cancel the Contract at this meeting.
Purchasing has started the tennination process with a letter to the Landscape
Company to attend a meeting to go over the deficiencies.
The Committee is very emphatic about canceling the Contract and feels strongly
enough to resign their positions on the MSTU Advisory Board if their wishes are
not adhered to.
Bill Erickson moved to terminate the services of Green Heron Landscaping
as quickly as the contract allows due to lack of service and the deterioration
of the landscaping within the MSTU as indicated by the follow items:
1) Irrigation not working properly, i.e., clocks not set properly, valves stuck
or turned off etc.
2) Weekly irrigation checks not being performed.
3) Pest control lacking as there were constant problems with turf and shrubs
4) Required paperwork not completed in a timely fashion
5) Baltusrol monument area not being cleaned up for months
6) Debris in medians not being picked up; beer bottle highly visible in
Median #15 not picked up for 3 weeks;
along with other items not listed above within the minutes such as not
attending MSTU meetings regularly etc. The MSTU Committee believes
this Contractor is not fulfilling their obligation and highly recommends
the County terminate their Contract #03-3558 per Section P., Page 13 of
the Landscape Contract concerning items 2 & 4:
#2 - Work that is not performed on a level consistent with the industry
standards, and
#4 - Non-compliance with any portion of this Contract.
Second by Bob Cole.
Carried unanimously 4-0.
Bill Erickson moved to have Bob Petersen proceed getting a cost estimate for a
replacement company during the interim period during the bidding process.
Second by Bob Cole.
Carried unanimously 4-0. Agenda Item No. 1686
May 11, 2004
Page 19 of 22
4
------- -
x.
XI.
XII.
New Business:
Bob Siebodnik received a call from the Civic Association in which they
allocated $300 to do some xeriscape landscaping at Augusta and Forest Hills.
They have volunteers to install the plants and it was suggested by Bob
Petersen have Mike McGee help develop the plan. The County has some
donated plantings for roadways etc, that can be used. The Committee
welcomed the donation and will get Ron Torp's input also,
Bob Siebodnik may not be in attendance at the May meeting due to back
surgery. Bob Cole will conduct the meeting if he is absent.
Public Comments: None
Bill Erickson moved to adjourn - second by Bob Cole. Meeting
adjourned at 5:25 PM.
The next meetine will be Mav 20th. 2004 at 4:00 PM
Collier County Landscape Operations
2705 Horseshoe Dr. South
Naples, FL 34104
5
Agenda Item No. 1686
May 11, 2004
Page 20 of 22
?lûtJee & A~
Landscape Architecture
* ENVIRONMENTAL MANAGEMENT *
MAINTENANCE OBSERVATION
~ MEMORANDUM
0 REMINDER
0 * URGENT NOTICE *
I Date: I 04/16/04
. Attention: . Bob
Design * Environmental Management * Planning
* Consulting Arborist *
5079 T~ami Trail East - Naples, Florida 34113
Phone: (239) 417-0707
Mobile: (239) 289-5545
Fax: (239) 417-0708
E-mail: McGeeAssoc@aol.com
Company:
Mr. Bob Petersen, Project Manager
Collier County Transportation
Alternative Transportation Modes Dept.
2705 South Horseshoe Drive,
Naples, Florida 34104
(239) 213-5899
BobPetersen{Õ)co llierc ov. net
Subject / Project:
M&A Project No.:
Lely Golf Estates MSTU
2004-008
To:
Address
Fax No:
E-mail:
Number of Sheets to Follow This Cover Sheet:
13
Original to Follow by Mail: 0 Yes
No
~
0 For approval
~ For your use
~ Attention required
0 Proposal D Sketch 0 Invoice 0 Report
FY 03-04 Second Quarter Maintenance Observation Sheets
[8 Reply is
requested
D As requested
I
We are Transmitting the Following:
0 Letter
[8] Other
On-site observations were performed 01/04, 02104 and 03/04 with the following items being observed. These observations
and comments are not intended to be all-inclusive and any items or service item not addressed does not constitute
approval or acceptance of services. The maintenance contractor shall address listed items, as soon as possible. This
report shall be signed, dated and returned to the consultant prior to the next quarterly report ending date of 06/01104.
General Comments:
1. Contractor is not being response to maintenance concerns/problems being brought to the Contractor attention
during monthly reviews. Items brought to the Contractor's attention during February and March site review have not
been address as of 4/15/04, i.e. Un-repaired cut irrigation lines; Shrubs and grasses not properly or fully pruned;
Manually operated valves for Bougainvillea drip irrigation lines not operated; Contractor was not present for the April
monthly on-site observation nor the monthly MSTU meeting; .
2. Contractor is not fully performing all the required contract items related to the landscaping and irrigation systems on a
weekly basis. It is our observation based upon the past on site reviews and conditions found that the Contractor is not
providing enough man-hours and/or personnel with each weekly site service.
3. Bougainvillea plants in median #11 and 12 were not pruned to remove sprouts.
Agenda Item No. 1686
May 11, 2004
C:\Documents and Settings\petersen_b\Local Senings\Temporary Internet Files\OLK5\Lely MSTU Maint Report Cover Sheet 04-1 ~~ 21 of 22
-~------------ -
4. The monthly "General Maintenance Report Sheets" have not been submitted.
5. Turf edges adjacent to planting beds throughout the medians are not cleanly edged.
. Areas of existing or previously water stressed turf and plants were observed along with existing damaged
irrigation lines not repaired.
If you have any questions please feel free to call any time.
Contractor Comments:
0 All items addressed
0 Items pending
Contractor: Green Heron Landscapes. Inc.
Signature:
Print Name:
Date:
Copies To:
Mr. Doug Green,
Green Heron Landscaping, Inc.
(e-mail) DGGreenHeron(â).aol.com
From:
Michael A. McGee. r.i.a., i.s.a
?Itidad,,4, ?1tetþ
Signature:
CONFIDENTIALITY NOTE: The information contained in this facsimile message is privileged and confidential information intended only for the use of individual or entity
named above. If the reader of this message is not the intended recipient. you are hereby notified that any use, dissemination, distribution or copy of this telecopy is strictly
prohibited. If you have received this tetecopy in error, please immediately notify us by telephone and retum the original message to us at the address above via United States
Postal Service. Thank vou.
Agenda Item No, 16B6
May 11 2004
C:\Documents and Settings\petersen~b\Local Senings\Temporary Internet Files\OLK5\Lely MSTU Main! Report Cover Sheet 04.1 5fP1åtje 22 of 22
-~,,--
EXECUTIVE SUMMARY
Request that the Board authorize the Chairman to submit a request for a five-year
annual donation from Florida Power & Light for the Greenway project along the
transmission corridor (Rattlesnake HanmlOc~.Radio Road) for $25,000 each year.
OBJECTIVE: To obtain Board approval for Collier County to submit a request to
Florida Power and Light for funding of a greenway along the Florida Power & Light
transmission corridor.
CONSIDERATION: A non-motOJized linear greenway will provide a
pedestrian/bicyc1e pathway, landscaping, irrigation and other amenities that will
transform this utility conidor to a world class Greenway project.
The project has received strong support from the Pathways Advisory Committee and
adjacent homeowner associations. This contJibution will benefit adjacent homeowner
associations and the community as a whole by providing a passive park system and an
alternative non-motoJized transportation connection, Collier County is requesting a
multi-year commitment from Florida Power & Light of five (5) annual contributions of
$25,000 per year to assist the County and community members in implementing the
Greenway construction,
?"-
FISCAL IMPACT: There will be no impact on the Board's budget. The annual
contribution of $25,000 will be budgeted in Fund 313, Pathways Program project.
GROWTH MANAGEMENT IMPACT:
management plan.
Therc is no impact to the growth
RECOMMENDATION: That the Board of County Commissioners approve the request
for donation and authOlize the Chairman to execute a letter on behalf of the County,
Attachments:
Attachment "A" Letter to Grover Whitten
,-
Agenda Item No. 1687
May 11, 2004
Page 1 of 4
- -----.-------
---...-..,--"."
COLLIER COUNTY
CGMm or COUNTY COMM:SSIONfJŒ
Item Number
1557
Item Summary
'<"qucst 'hat it,," Rocn; ?,l1thc,,-!ze 'ice Ch;1irm;m to submit" reG",""l ",r a 1"/e-
year ¿¡""uar é1'õn,"",:,n hxn F;ür;;j¿¡ Pewee & Liq"llcr n,e Geeer",,;)} pr(ß(t éÚ"'l)
thf! trZi"snC¡,-c-lon çcrw>.x (Ré,t::(,<"ca~.G H"mmoc.,,-Rad;G !~,-,~d\ Ie" S25 (rC;) """r,
yeé\f.
Meeting Date
5111/2004 (¡:ooon ;.Jv1
Appro,'cd B~'
Tram;: OPN;1ti;):1:- ~i)d Ait ~f3n;;
02;"
D¡,m~ 8. Flagg
~,:1Qdcs Di",::!",
Tc"",;¡:;or!!on SHVICf>S
Tr"Wc Operot,o',sl ATr,~
51~12004 5:U PM
Approwd By
1"1("3": Smy!<.Gwski
r¡,¡;ni'gcon>t',,: .:';, Budg": Oir"ctor
0;1\"
Cou"t~' M~'n"ger';¡ Ollice
OffiCB cí M;:¡'l;;gerne,,\ 8. B,AgBI
5iU2l!O4 1 :42 PM
ApprOH'd By
Norm E. feder, Þ.iCP
rra!1spor:,,¡ion Division ,~.dn"n;s;rmor
O"te
Tc~i\Sp<)rt;G" S",vices
Tran",porlab,o'l Søpo'ces "\dm;"
5i5!2l!O4 1:U FM
ApproH'd B)
J~m";¡ V. M'Jùd
Coumy MJ"3é<H
O"t,.
Soc<,.,i of Cc.unty
County M~;<?g~(s OHicl'!
S/~.!2l!f¡4 3:39 PM
Co"'rn¡S$¡""'~rs
Agenda Item No. 1687
May 11, 2004
Page 2 of 4
Donna Fiala
District 1
Frank Halas
District 2
Tom Henning
District 3
Fred W. Coyle
District 4
Jim Coletta
District 5
Pl3oa}(d 0/ C{FoIIM>4l YIlmøl_q¡ C(fO#VmixJW~UW6
3301 East Tamiami Trail. Naples. Florida 34112 - 4977
(239) 774-8097. Fax (239) 774-3602
April 29, 2004
Mr, Grover Whidden, External Affairs Manager
Florida Power & Light Company
1813 Lee Street
Fort Myers, FL 33901
Dear Mr. Whidden:
Thank you for your expressed support and interest in the proposed Greenway along the
transmission corridor between Rattlesnake Hammock Road and Radio Road in East
Naples. This project has received strong support from all ofthe adjacent homeo\vners
and homeowner associations as well as from many citizens located throughout Collier
County. We envision that this non-motorized linear park will become a popular
community asset that will be enjoyed by walkers, joggers, bicyclists and folks with
physical challenges, I've attached a recent article concerning this greenway that recently
ran in the Naples Daily News and an article that ran nationwide in Rails-to-Trails. A
Celebration o/Trails and Greenways published and distributed nationally by Rails-to-
Trails Conservancy (RTC).
Collier County is excited about creating a partnership with Florida Power & Light
Company (FP&L) in creating a facility that is mutually beneficial to each entity's future
needs, In addition to County staff time and partial funding through a Florida
Community's Trust grant, the County staff will submit a funding request during the
upcoming budget process for the construction of this world-class Greenway project.
We look forward in working with FP&L to create a liner park that is sensitive to FP&L's
transmission needs, increases the security of the corridor, and reduces the overall
maintenance cost to FP&L for this particular segment of the transmission line, When a
final copy of the conceptual plan document is available fi-om RTC, copies will be
provided to you, It is my understanding that you and your company colleagues have been
working very closely with our staff and consultants to ensure that all questions and ideas
are appropriately addressed.
Agenda Item No. 16B7
May 11, 2004
Page 3 of 4
- -- ---- --
Page 2
April 29, 2004
To this end, I would ask that you consider funding this project through FP&L's
Community Care programs to help us further advance a successful Greenway project.
Understanding the financial limitations of your community outreach programs, we are
requesting a multi-year commitment. We are requesting five (5) annual contributions of
$25,000 per year to assist the County and community members in the implementation of
this Greenway project~ a high profile community project that has received strong support
of the community members.
We look forward to building upon the success of this project and our partnership with
yourself and FP&L. Please feel free to contact Diane Flagg, Director of Traffic
Operations and Alternative Transportation Modes Department, to discuss this request in
further detail or to answer any questions you may have. The members of my district and
the County at-large are looking forward to enjoying this world-class Greenway~ the first
of it's kind in Collier County.
Sincerely,
Donna Fiala, Chainnan
Commissioner, District 1
Agenda Item No. 16B7
May 11 2004
Page 4 of 4
Executive Summarv
-.
Approve award of bid 04-3646 in the Amount of $3,872,929 to Mitchell and Stark
Construction Company Inc., for the construction of the Force Main and the
Reclaimed Water Main along Goodlette Frank Road and Vanderbilt Beach Road
Project 74077 and 72002.
OBJECTIVE: Approve award of bid 04-3646 to Mitchell and Stark Construction
Company for the constmction of the Force Main and thc Reclaimed Water Main in the
amount of $3,872,929.
CONSIDERATIONS: In accordance with the procurement policy o[ Col1icr County,
and under contract # 01-3290, Fixed Term Professional EngineeIing Services, dated
September 10,2002, staff approved a work order to Johnson Engineering Inc., to provide
Engineering services related to the design, pennitting, and construction services [or the
Force Main and Reclaimed Water Main,
c-
The Reclaimed Water Main is to be constructed along Goodlette Frank Road from the
North County Water Reclamation Facility (NCWRF) to the intersection of Goodlette
Frank Road and Vanderbilt Road. The force main is to be constructed from NCWRF to
the intersection of Vanderbilt Beach Road and Good1ette Frank Road and continuing on
Vanderbilt Beach Road from the intersection of Vanderbilt Beach Road and Goodlette
Frank Road to Airp0l1 Pul1ing Road.
In accordance with the procurement po1icy of Collier County, on March 30, 2004, staff
received bid proposals from six contractors. The bid proposal amounts were as follows:
Company Force Main Reclaimed Water Total
Main
Mitchel1 & Stark Const. Co. $2:,687,427.00 $1,185,502.00 $3,872,929.00
Danella Companies Inc., $3,043,090.00 $1,289,954.00 $4,333,044.00
DN Higgins $3,323,769.00 $1,544,470.00 $4,868,239.00
John Carlo Inc., $3,366,025.50 $1,572,716.00 $4,938,741.50
Southwest Construction Co. $3,677,240.00 $1,815,260.00 $5,492,5()(),OO
Cornerstone Business $4,854,696.00 $2,133,307,00 $6,988,003.00
Staff reviewed the proposals and concluded that Mitchell and Stark Construction
Company submitted the lowest, qualified and responsive proposal. This Contractor has a
satisfactory perfonnance record on previous projects involving similar work. The
Engineer's estimate for the project was $6,498,322.25, which included 15% contingency.
.-
The County saved approximately $1,000,000 when compared to the average bid because
Mitchell and Stark Construction Company is the sub contractor for Ajax Paving, Ajax
Paving is the General Contractor for the Goodlette Frank Road Construction Project, and
is in close proximity to this project. Also, the underground work for Goodlcttc Frank
Road Construction project will be completed in the next couple °ÍÞ.'g1&Rtffi'ltJrlieff&)rf6C1
May 11, 2004
Page 1 of 7
..cc.._-
. .----.c_-..c,c
.c"._-",c,.,'cc
Executi ve Summary
Award bid Contract to Mitchell and Stark Construction Company
Page 2
Mitchell and Stark Construction Company was able to submit a competitive bid proposal
to the County,
FISCAL IMPACT: The total amount of fllnds required for this' obligation is
$3,872,929.00. Appropriations for this project are contained under project 74077 in the
amount of $1,185,502.00 and Project 72002 in the amount of $2,687,427.00, Sufficient
funds are available in project 74077. Funds in the amount of $647,000,00 are available in
project 72002. A budget amendment totaling in the amount of $2,385,000, which
includes a contingency of approximately 12% is necessary to fund this project. Funds in
the amount of $1.0 million horn Project 73079, $1.0 million from 73153 and $385,000.00
from 74078 are availab1e in the respective projects for this budget amendment. ll1e
source of funds is Sewer Impact Fees,
This project is included in the 2002 Water and Wastewater Master Plan Update adopted
by the Board on February 25, 2003 and is consistent with the current Fiscal Year capital
improvement budget approved by the Board of Collier County Commissioners on
September 18, 2003.
,""-'
This project may qualify for a low interest State Revolving Fund (SRF) Loan. An
application is currently being prepared to submit to the Florida Department of
Environmental Protection, In the event, SRF Loan funds become available as the
permanent financing source for this project a budget amendment will be prepared at that
time.
GROWTH MANAGEMENT IMPACT: This project will benefit the County and is
consistent with and furthers the Goals, Objectives, and Policies of the Collier County
Growth Management Plan.
RECOMMENDATIONS: That the Board of County Coml1)issioners, as Ex-officio the
Governing Board of the Collier County Water-Sewer District approve the award of the
bid to Mitchell and Stark Construction Company in the amount of $1,185,502 for project
74007 and in the amount of $2,687,427 for project 72002; authorize Budget Amendment
in the Amount of $2,385,000; and authorize the chairman to execute the standard
construction contract after review by County Attorney.
...-.
Agenda Item No. 16C1
May 11 2004
Page 2 of 7
COLLIER COUNTY
BOARD OF COUNTY COM¡"'~iSSIONEFS
Item Number
,6C1
Item Summary
i,pprov,," aw"rd of Lid O:!.3f)4Ö in the Arr"<Junl of S3,872,929 10 rv;itcheP <,,'d
Stark Construction C>--rq:;iò:'y Inc.. sut,jeci to Fi,xida D(,)partm,,)nt 0'
En\'iranrnenlal Proter;licm approval for the construction of the Force Main é)nd
the RedGirned W"ier fk¡i" along GoodiHie Frank Road end Vanderbi1\ Seac'1
Road Project 74077 and nOe2
Meeting Date
(1;11;2004 90000 I\M
Prepared B~'
$h",n\hi S,idh"r
Prcj"{:\ M~na9""
Fubi:" Ut\i:t;(;S
PubHc Utì\iÜes [,,-¡¡ineedn<;
Apprond By
R(»)' <3. "",,nder5""'. PT,
?ubnc U¡¡¡;U",,¡ EnG",<'.(;¡in~1 Director
D"le
Pd":,c U¡¡iitics
Pub¡¡ç U:i¡it",s Er;gincering
4f~ 2UnO!. 4:32 PM
Apprond By
Jos<!pl, ß, Ch¡,¡,;tho.Hn
V¡¿-\s\"wai", û'rec\o"
O3te
Pub:;': U1iPìes
W3st..N'¡at¡;t' Trçatm€nt
411 Zf2004 5:23 PM
ApproHd By
Wi¡¡;~m O. M,,¡ii,.,. FE
Prindp;¡! pmject M~n;¡g"r
Date
f'ub!ic U,;¡:ii~s
P"b:ir: U\i!i¡ìes Enqi"",,'inu
4125f2nO41O:32 I'M
Approved B~'
51!'.v(' C;~rnd¡
Purd13sinfi:G"ne,,:1 ,>;(:" Oir",.Dr
°"1(:
!dm¡"'s¡r~\;'¡e Ser\!¡c~,;
P¡;r"k,sin<.;
4!28i2004 4:43 PM
Apprond By
1'[,o",as "Nides
Ope,.,,:ions ni,~d;)r
Dale
Pubiic Utiiiti"s
Pubiiç U:iiit"", Opn;¡!inm,
4!28i2no!. 4:55 PM
Approved By
.JamlÕs W, Del.ony
Public U\i:¡¡¡"s '\d~n;nistr alor
Oate
Public Ut¡¡ities
Public Utili,i",,; Adm;ni<;\r,,:io!1
4iZ912004 9:59 AM
Approved B)'
Pat Leonhard
il.dmìnistrative Assistant
Date
County Manat¡E:"s Offiç"
Office ()f M,HVigem¡mt & BlHJg"t
41291200410:25 ).'\1.1
ApproYt'd By
$1";',111 Ush¡;r
$"nio; Mart"germ'n\!S"dget Analyst
Date
County Mm1ðger's Office
Oífìc~ ,)f M:mð<;f)ment S, ßC!ogr;t
4i30i2ûO4 1G:O) AM
Apprond By
Mid"",-! Smykowc;y,i
M"n"u<'.menl & DUlin"! r;;;,'ctor
D"I.",
Cou"ty Ma"""g"r's Office,
Office of M"m'flornon¡ ð Budget
5!4!20n4 3,'01 PM
Apprond By
,.lame.; V. Muci¡J
Cmm\y Ma"";9N
n"w
Board of County
County ""'"n:.,n;,r'," 011;""
5i412004 3:56 PM
AQenda Item No. 16C1
May 11. 2004
Page 3 of 7
Con,m;s"ione,."
Bid 04-3646 "Goodlette Frank Road Force Main
and Reclaimed Water :~aln'-
Date Due March 30, 2004
ProJecl Manager Sandy Sridhar
Date Posled Febluary 27 2004
Addendum #1
Notices Sent 111
Padages Received 6
2
Maintenance of Traffic
Mitchell & Stark I Danella
- 62,20000\ 349:96600
62.200001 349.%600
I
D~2HO--oi~,90-00'"~ooL,' ~Ohn Carlo
110.Q(j°OO.-
~QOQ..22L - 110.00000
I
Southwest lJt~lty
Cornerstone
-PART-1-FORCEMAIN
l1em No. Descril'i¡on - - - - -
1 -MObilization - -
'Unlt Co>! (LS)
TotaTPrlce(li
-- - 3O0,~0()
300,000.00
.89,65~00
89,65200
4
,,---------------
24" Plug Valves
Unit Co>t iLS) 14,000.00, 52,60000 40.00000, 25.00000 25,000.00 34,94000
._TotaIPnce(l) 14,00000' 52.60000 40,00000 25,00000 25,()()(J00 34,94000
Total~"~~~~~~~: 617.~~~- 6586~~ -- 10614~~: 732.~~~ 976,O:~_1500,~_~~
Unit Cost (EA_)- 9.765001 9.03o'O(¡ 10000001 12,50000 12,5()() 00 20,28500
- Total Price (23) --- _224.59500f 207.69000 23-0.000 00\ 267,50000. 287.500 00 466.55500
-UniTCost (EA)~,885 00¡~,26500 "3.500 00: _2,000 00 3,00000. 8,16300
Tolal Price 12_11._- 81.585 0() \.---4 , ,565 00 ----~~Q.° 00, 42.00000 63,00000 171,42300
Dlrectlona! Drill 42' SDR13.5 HOPE I I
--- - Unit Cost (LF) 31() OÒ 35300 320-001 47500 40000 49500
---~------------ 1 - .u_--- I -
--_.Iota! Price (2,?_1§)_- 686.962._~_28~,2i.8_Q.o._- ..7.29220 00~2.50Q.O<:J..~- ,.88_6,40000 1.096,920.00
30" SDRt3.5 HOPE (Carrier Pipe) - I ,- ---------~---~
Unrt Cost ILF) 134001 12100 13000 13500 12000 20000
-----Total Prlc"I2.296)--""'306.S6()00c-- 277 .09000 29T700()O~æ---:i5C00-~ -274,80000-----458.000'00
Jaok & Bore 42" Casing ~~_u---~T -- . , ----- ---
------U':;¡ÎCost¡i.F¡----'-~;I44'()Cij~--547-ÕO - 40000' 450.00
TclaIPrlc,,1t5.78L _:301,032_0.0_--, 370,.866..Q()-- - _2ï'~.2()()_00; -- 305.10000
450.00 49500
305,100..22...__- 335.61000
3
24" C905 DR25 PVC
. - ----- ---
Air Release Assemblies
------------- -----
8
9
,Open C-"-t42,,~a"'ng
Unrt Cost (LF)
Total Price (54)
34200!
18,46800;
t
17700
9,558 00
I
240 DO!
12.960 00'
I
37500
20,25000
400 00
_21.600 00,
37950
20,4.9300
1O CO;;;;ecttc,EXlstlng Force Main
--=-----,,-24' Tapping Sleeve ¡j,' Valve'-
b Cut.ln Tee
,
Unit Cost lEA) -- -3'2:'750 OO~' 21,211 00 ---25,00000-- --. ---26.00000--~-OO----43,817 00
--Totalf'JIC"jl) 32750 co! 2Ié2.1.t.°.2.__.2.5000 00, 26_.000 CO__30,OOO_0()---- 43.817 00
.~--T-.
Unit Cost lEA) 11.34000' 6.22000
--Total P~ce(1)-----'-1-34o-00¡----62200()-
20.00000: ------'.().OO()-QtJ--
20.0oomj- 10.00000
26,000.00
26.000.00
--.t.3.ï02()()
13.70200
Page 1 ot 4
Agenda Item No- 16C1
May 11,2004
Page 4 of 7
Bid 04-3646 .Goodle~e Frank Road Force MaIO
and Reclaimed Water Main'
Date Due March 30, 2004
Project Manager Sandy Sridhar
Date Posted February 2ï, 2004
Addendum #1
Notices Sent 111
Packages Received 6
-----
_M~chell & Stark 1- - Danella DNHlgglns John Carlo, Southwest Utility Cornerstone
--' :E.~~~ ,: ;1:~~ ,;!::;~: ~:~:t-~~:=- ,,'t~-: ~~:
Total Price f*'óf--------¡Ü30. õ.§Ì--~-o~IÒ7~400- Q()L-= ~----:F.~08j~~~:_-_J~3~200_~~:'::':~-=-jt)04. 00
Unit Cost (SF) ... ----... 15001, 9.50 2500!--~--------5-75---'---~~-îUXJ
Tota¡-Price\ifO)' .. ~!;()(){)L :':~,565ÓÓ _..§,ï50QQL _____1~552 50_____',350_0(- ---- 2,9ïO 00
Pavei'T1ent Rep_arr ------1 -- ------ I
15 Silt Fence --=-~~~~~~:~:---- ï~~:~-~6:::~_- -56:~:l~5~6¿~:- ~-Ti~:--- 4.8::
----- ,- -- - --.- --- - _-r°tal_f'ricejI6380) lï,199.00 13,104.00 4,914,00; '6,380.00 49,14000 4ï,502.00
'6 Hay Bales ," -
_Unit Cost lEA) 80_00 600-----,-o-ÕoJ---' '------S--Û(¡- ----~----"'i66õ
TotaIPrice(20}',60000' 12000- 200oo~ 160.00 40000 32000
---..-lz...s;o..!:'flic1 Resolution (Budgeted Allowan~_~ 5O,000~~,00000_-!;()"()():o:.OO:':_,_-,_20,0.QO::()O:-:=--=-5Q,00000 ~-----, 50,00000
PART 1-FORCE MAIN SUB-TOTAL 2,68ï,42ï,00 3,043,090,00 3,323,ï69 00 3,366,02550 3,6ïï,240oo 4,854,69600
--_:~- --- ____-=L=__:~_---_:--= ]'i'~----:_=- --------n:==--===
--1-- - -- ------------,--~---
I
----i--
-----j-
---- ------
Item No, Description-
11 Vertical Deflections
-- ,- --- ----
12
'Sod -
-----,
13
Concrete Golf Cart Path
'4
---- ----
- - --~ --~- -
--- -'-- --------
------------
.-. .--=~- - ---u- -- -t:-
------~--' --e---
I
------------
-- ---- --~-
----,,----
-- --, ____m_--
----~-
~-,-
~~~----t====---==---== --1------,
I -I
-------
_n__-----
Page 2 of 4
Agenda Item No, 16C1
May 11,2004
Page 5 of 7
Bid 04-3646 'Goodlette Frank Road Force Main
and Reclaimed Water Main"
Dale Due: March 30, 2004
PrOject Manager Sandy Sridhar
Date Posted February 2ï, 2004
Addendum #1
- - --------------
PART 2-RECLAIMED WiITER MAIN
Item No:-: þe_scrip~o~- - -- - - - -
I Mobilization
Mitchell & Stark I
- -L---~----
_u,,-"--CostJ~----- n50,_OOOOO( 161,24500-
Total Prlce(1 50,00000 161.24500
-- --~---L--~-- ---~----
150.00000(- 110,00000_180,00000- 41,31ï.00
150,00000 110,000.00 180,000.00 41,317:00
--------- -----
Maintenance of Traffic
Unit Cost (LS)
Total Price 1
_3 - ~-"C~I)R25 f'\iC- - - - -
Unit Cost LF
-- -----~----- --~--- ~- :r<>..tal'p"ce (4,600L - --
4 20" Resillenl Wed e Gate Valve
-" --- ------------
____U~lt Cost iE.A),
--- ___Total Price (13)
- - --- -, ------------- -
5 Air Release Assemblies
-. --------~- - --. - .
- U-nit Cosl(EA)- -
-TotaiPrlceI14)-
---------
6
, Dlrect",n~ll)n" 36'_S[)RI35- HDi'E -
Unit Cost (LF)--
Total Price (1,707)
24' SDRll HDPE (Carrier Pipe)
8
Connect 10 Exrsbn
Unit Cost LF)
TolaIPrlce(I,747)
ReclaImed Water Main
UnitCostjEAL
Total Price (2)
Vertical Deflections
----------- -
--_____m__-
Unit Cost lEA)
n'Tòt<ÍIPr~ceJ6L
---------
10
:Jack &~~-36-"Çasir1g=--
---------------
Unrt Cost (LF)
Totalf'rlcejtl0)
II
Sad
----~-------
-~ UnrtCost(I,~--
Total Price (4720)
12
Silt Fence
13
Unil Cost (LF)
Totat Pllce 3100
Conflict Resolution (Budgeted Allowance)
------PART 2-RECLAIMED -WATER MAiNsuB~TOTAL-
TOTAL PART 1&2
Danella
DN Higgins
~'OtlceS Sent III
Packages Received 6
John Carlo
Southwest Utility
Cornerstone
14,000.00
t4,OOo 00
-~--------- -----~- - -------- -
25,oo2.°<!_-,-- 15,02.000______34,94000
25,000 00 15,C)o.o~__.l4,940 00
23,966 DO 40,00000
23,966 ôO:==-:1°,OOO 001
I
--35'17--- 4100 '-801- 48(XJ-- 6500 -----_--9L~0
~~;;:I '~;~~f~æl~;~ -:;;~ :~;;~
4~:~;~bò: 2~:~:~~-~-~ 2~:~:~ 3t~g: ~_1~1:~~;:
250.001 27500 220001 37500- 380.00 42500
426,75000 T- __~9~4.2_5_00_~5,54°0<!l-- _.£40,1 ~_§.4_8..6~00~ _~25,475 DO
10500L------...9.2.~_------'-CJ.°,OO.----- 11500 10000 15000
183,435.oo¡ t60,724 00 174,700 00, 200,90500 --- 174.700_00 262,05000
--L---- -
14,175.00: 3,02700
28,35..0..22.] 6,05400-
-'0,SOO 001 ,6,161 00
64,800001- 36,96600
35500L 48600
39,05000 I - 53,46000
3.501 350
16:520001 16,52000
I
1.05T
3.255 00'
5O,OOO.00!
1,1855'02001
3,8n ,92900
080
2,480 00
50,00000
1.289,95400
4,333,044 00
Page 3 of 4
25,00000
--50,000 D9'
- -- -- - ,
10,000 00:
60:000 ooï
. u î
350 001
38,500001
ul
-- _15_00¡
70,8oo00j
I
0301
930 00
50,000 00
¡:i;44470'0iJ .
4.868,23900
1_4,000 00---
28,00000
30,44ïOO
60,89400
_16}X)()cOO
32,00000
16,00000
.96,00000
12,00000
72,00000
26,29800
15ï,ï88 0O
42500
46,750,00
425 00
46,/5000
350 00
38,500.00
--~---
1.30
6,13600
440
20,76800
20.00
94,400 00
1.00
3,10000
__--50,()()()()Q
1.572,71600
4,938,741 50
300 290
----9:300 OOU ------ 8,990 00
, 0;0,00000 -. 5O~DO.()()()
1,815,26000 2,133,30700
5,49250000 6,S88,003 DO
Agenda Item No, 16C1
May 11, 2004
Page 6 of 7
-
Bid 04-3646 'Goodlette Frank Road Force Main
and Reçlaimed Water Main'
Date Due March 30, 2004
Project Manager Sandy Sndhar
Date Posted: February 27, 2004
Addendum #1
Notices Sent 111
Packages Received 6
- - MATERIAL~MANiiFÃCTUR~ERS .' Mílchel~& Stark-l.-- uDa!lla _DNH.¡glns ¡ Joh"ycarlo - Southw~st UlIIlIy corne~stone
--~~~~t~~~-%~l!l::fR\~~fEÒTBID6E-R n ~- - I-n--~---~--- L---~------~~----- _~_n_-
. - =:!::~~~~:- -- --~~~í:~~~-~~'E:~~~ ~~---~-~~
W"""" ---- J - :
-l -¡----- -----
Page 4 of 4
Agenda Item No. 16C1
May 11, 2004
Page 7 of 7
EXECUTIVE SUIVIl\tIARY
Approve an Amendment to Work Order jEI-FT-03.04-¡\ for the Construction Engineering
Inspection Services to inspect the construction of the Force Main and the Rcdaimed Water
Main on Goodlette Frank Road and Vanderbilt Beach Road in the amount of $160,700,
Project 72002 and Project 74077.
OBJECTIVE: That the Board of County Commissioners, as Ex-officio the Goveming Board of
the Collier County Water-Sewer District approve an amendment to the Work Order for the
Construction Engineering Inspection Services to inspect the construction of the Force Main and
the Reclaimed Water Main along Gooù1ctte Frank Road and Vanderbilt Beach Road.
CONSIDERATIONS: In accordance with the procurement policy of Colher County, staff
issued a work order to Johnson Enginceting Inc. (JEI) under the contract 01-3290 "Fixed Tenn
Professional Engineering Services" dated September 24, 2002. The intent of the work order was
to provide Engineering services related to the survey, permitting and design construction plans to
build the reclaimed water main and the force main along Good1ctte Frank Road and Vanderbilt
Beach Road.
,...--
On March 30, 2004, under the purchasing pohcy of the County, staff opened the bid submitted
by Mitchell and Stark Construction Company for the construction of the force main and the
reclaimed water main. This underground construction work has an estimated project cost of
approximately $3,9 million. The construction inspection is provided to ensure quality of the
work in conformance with the Department of Environmental Protection specifications and
regulations.
Staff requested and received a proposal from JEI for full inspection services and is estimated to
be $160,700,00. The actual time spent on inspection will be billed by IEI as described in the
attached amendment 1.
Original Work Order Amount - Design
CEI Services
Total Work Order Amount
$74,100.00
$160,700.00
$234,800.00
FISCAL IMPACT: Funds totaling $160,700 are needed for this amendment. Funds in the
amount of $60,000 are available and are budgeted in project 74077 and $100,700 in Project
72002. The source of funds is Impact fees,
This project is consistent with the 2002 Wastewater Master Plan Update adopted by the Board of
Collier County Commissioners on February 25, 2003, under Item lO(A) and is consistent with
the eunent Fiscal Year Capital Improvement Budget approved by the Board of Collier County
Commissioners on September 18,2002.
...--
GROWTH MANAGEMENT IMPACT: This project will have no impact on growth
management.
Agenda Item No. 16C2
May 11, 2004
Page 1 of 19
. Executi\'e Summary
Approve Work Order AmcnJment
Page 2
RECOMMENDATIONS: That the Board of County Commissioners, as Ex-offïcio the
Governing Board of the Collier County Water Sewer Distlict, approve, anJ authorize the Public
Utilities Engineering Director or his designee to exel:ute Work Order JEI-FT-03-04-A for the
Construction Engineering lnspection Services to inspect the construction of the Force Main and
the Rec1aimed Water Main along Good1ctte Frank Road and Vanderbilt Beach Road.
,
-
Agenda Item No. 16C2
May 11, 2004
Page 2 of 19
COLLIER COUNTY
fiCj,::W Dr ~~nUNTY COMti~:~;sn~'JU((;
Item Number
'¡tC2
Item Summary
?or,r'~'iP e,n i\rr;ond:li¡',rt (niNer, O:r)", ,j[: f'T,O:;-:}4'í\ !o' H',e Cnn,JrlJc¡iG~'
E"q;n"e:nq inq,;ècuo[' Se'-..:c",s \0 :':5;.")(: t;:~ c"r1ètructíc-n of the F"rce \h:n
,mrl the F:l'lda:n,ed 'Nater fkJ'" on Còoociiete F""nk Pc>::,;j ane; "j"nduh,:, ßé,¡¡Cn
RoaÖ :n (I,f) amGuc;t of S1r{;?oo, PrOject 720n2 "nd Proi':'"il4C)ì7
Meeting Date
5'11(2004 9GOOQ Nv1
Prepared By
Sh~"UÜ Sridh3r
Proj"~1 Mar;~çjer
Pabli" limine,;
P,-,¡,Iic ,Fi:,:;,," fJ'gi¡;""":":3
Approved B)'
,Jc>seph S, ChCi,tt¡~m
W<1ê,tew,::u Dir~<:\o"
Dal',
Public l!lj¡;;;~s
Wa"t&W;)\Br TrN,trY\€'"
4'12'2.00:; 5:2:') I'M
Apprond By
iNiaiam 0, Mclili,,> Pi:'
P,';ncip": Pro)zct MiJ"ðgU
Gal€
Public Ut¡:i!l~s
Pu:',:;" ":Wai,,s fn¡];nN"i"9
4'27:;>(">1410:27 ,II,M
Appro,'ed By
Tl1Omds Wid""
Operation" Dirr:c!or
GiJI€
Public. UW¡!I€S
Pu:',I;" UWi\i"", Operations
4-'2(':;>00'; 8:5:, t>,M
Apprond ß~'
St"v" CiJrni'ií
Purf;i'1iJsi"g:GG"üriJi Svcs Di,'"c\o,'
GiJ\~,
Adr"inistraUv<, Sé;'"U:,
;'¡H<:h3:,ing
4i28;2(>(j~ 4:35 PI"
Appro,ed By
Ti1ürn¡¡sWidcs
OpG'3liDni\ Director
GJ\{,
P"bHc UU¡;!i€S
Put):'c UWi\i"s Op~.atio"';
4i2ai2(;(j,¡ a:53 AM
Apprond B)'
Ur,da Ja'~¡;sor,
Con\(3<:\$ !>'G"nt
DJI"
Adminis!ri'!;"" S¡:;rvic..,s
P"rch3~¡nq
408i2()(j,; a:n ß"M
Approved ß)'
Jð!11CS W, DoLcny
Public UWitics Administrator
Da\"
Public Utmt:es
pubiic U¡;¡;UèS þ,dm:"ist;a\ion
4-<!);.200~ ¡OOG At,¡
Approved By
Pal Lehnh¡¡rá
A,dm;¡¡;s\r¡¡tivù Assist<mt
Date
County Manager's Office
Office; ot Man¡¡geme"t & 8udget
4/<9i2()O~10'J6 At,1
Approved By
Susan Ushar
SNlÌor M;:magemont!8udga! Analyst
Date
County Manager's Office
Offìce; ot Man¡¡gemel1t & ßudg<>t
4'3Di2004 10-17 At,1
Approved By
Miçhael Smykowski
Ma<"'9~rmmt & 8udget DireciN
Gate
County Manag~r's Office
Offìce of Man¡¡geme"t & 8udget
5!3iZO()4~1:~ó."M
Apprond By
James V, ML!dd
County Man,1giJr
Oal"
Soard ,>f County
Commiss'c""rs
County Manager's Offic2
!iE4i2004 11: 3G ,o.M
Agenda Item No, 16C2
May 11> 2004
Page 3 of 19
WORK ORDER # JEI-FT-O3-04-A
Amendment 1
Agreement for Fixed Term Professional Engineering Services
Dated September 10, 2002 (Contract #01-3290)
This Work Order is for professional engineering services for work known as
Utility Line Construction on Goodlettte Frank Road.
(Reason for Project) Construction EnGineerinQ Inspection for the Goadlette Frank Road
Force Main and Reclaimed Water Main are necessary to manaGe increase in capacity.
The work is specified in the proposal named Exhibit A, which is attached hereto and
made a part of this Work Order. In accordance with the Terms and Conditions of the
Agreement referenced above, Work Order # JE-FT-02-01-A is assigned to Johnson
EnQineerinQ
(Firm Name)
Scope of Work:
Engineering services to Collier County for the survey, design, permitting and
construction of Force Main and Reclaimed Water Main for the above referenced
construction project.
Amendment 1
Construction Observation Services
Assistance with Project Close Out
Reimbursable
Schedule of Work:
Johnson Engineering agrees to accomplish the fallowing milestones in the timeline
described below from the receipt of the Notice to Proceed authorizing to start work:
30% Design work within 60
90% Design work within 90
100% Design work within 120
days.
days.
days.
Amendment 1:
Construction Observation Services
Assistance with Project Close Out
Reimbursable
240
days
Compensation: In accordance with Article Five of the Agreement, the County will
compensate the Firm in accordance with the negotiated lump sum amount indicated in
the schedule below (if a task is time and material, so indicate and use the established
hourly rate(s) as enumerated in Schedule "A" of the Agreement).
Survey and Design of Reclaimed Water Main and Force Main: $74,100.00 (Lump Sum).
Amendment:
Construction Observation Services
Assistance with Project Close out
Reimbursable
Total Amendment -1
$139,200.00
$9.600.00
$11,900.00
$160,700.00 TIME & MATERIALS
Total Work Order + Amendment 1
$234.800.00
Any change within monetary authority of this Work Order made subsequent to final
department approval will be considered an additional service and charged according to
Schedule "A' of the Agreement.
SUBMITTED BY:
L4d~( J:'oo,:-
Public Utilities Engineering Department
DATE: 4///04-
REVIEWED BY:
DATE:
William D. Mullin, P.E~ Principal Project Manager
Public Utilities Engineering Department
REVIEWED BY:
DATE:
Agenda Item No. 16C2
May 11, 2004
Page 4 of 19
Roy B. Anderson, P.E., Director
Public Utllities Engineering Department
,-
Work order JEI-FT-03-04-A
March 26, 2004
Page 2
Approved as to Form and
Legal Sufficiency:
Thomas Palmer, Assistant County Attorney
Witness (2):
(C orporat Secretary)
By: R &-u..
ig.!)plure
6 Å ß t --'- t::! J!U- 5? tt:.r e. f d ':/-
ame and TiÓe
ACCEPTED BY(, f
"') d-.1 {)ll
Date: ~ ,
----- ~ F_fo/ ~
Steven K, Morrison, P,E.
President
Johnson Engineering
Agenda Item No. 16C2
May 11 , 2004
Page 5 of 19
EXHIBIT A
INTRODUCTION
Collier County previously retained the services of Johnson Engineering
(CONSULTANT) to provide the design of certain effluent water facilities
along the existing Goodlette Road from the existing water reclamation
facility to the intersection of Vanderbilt Beach Road (VBR) and wastewater
forcemain from the existing water reclamation facility to the intersection of
VBR, then along VBR to the intersection of Airport-Pulling Road. Said
contract documents include 18 sheets dated January 2004
The design portion of the project has been completed, and Collier County
is/has conducted the bidding phase of the project during March 2004.
Collier County desires to retain the services of CONSULTANT to provide
engineering services during the construction phase of this project as
outlined herein.
SCOPE OF SERVICES DURING CONSTRUCTION PHASE
6. Construction Observation Services
This proposal is based upon providing full-time construction observation. It
is anticipated the construction contract period shall be 190 calendar days for
substantial completion plus an additional 50 calendar days for final
completion or a totå/ construction contract period of 240 calendar days.
6.1. General Administration of Construction Contract:
CONSULTANT shall consult with and advise OWNER and act as
OWNER's representative as provided in the Standard General
Conditions of the Construction Contract Documents, The extent and
limitations of the duties, responsibilities and authority of CONSULTANT
as assigned in said Standard General Conditions shall not be modified,
except to the extent provided in Exhibit A and except as CONSULTANT
may otherwise agree in writing, All of OWNER's instructions to
Contractor will be issued through CONSULTANT who shall have
authority to act on behalf of OWNER in dealings with Contractor to the
extent provided in this Agreement and said Standard General Conditions
except as otherwise provided in writing.
DRAFT: 03/19/04
A -1
Agenda Item No. 16C2
May 11, 2004
Page 6 of 19
----------------
EXHIBIT A
INTRODUCTION
Collier County previously retained the services of Johnson Engineering
(CONSULTANT) to provide the design of certain effluent water facilities
along the existing Goodlette Road from the existing water reclamation
facility to the intersection of Vanderbilt Beach Road (VBR) and wastewater
force main from the existing water reclamation facility to the intersection of
VBR, then along VBR to the intersection of Airport-Pulling Road. Said
contract documents include 18 sheets dated January 2004
The design portion of the project has been completed. and Collier County
is/has conducted the bidding phase of the project during March 2004.
Collier County desires to retain the services of CONSULTANT to provide
engineering services during the construction phase of this project as
outlined herein.
SCOPE OF SERVICES DURING CONSTRUCTION PHASE
6. Construction Observation Services
This proposal is based upon providing full-time construction observation. It
is anticipated the construction contract period shall be 190 calendar days for
substantial completion plus an additional 50 calendar days for final
completion or a total construction contract period of 240 calendar days.
6.1. General Administration of Construction Contract:
CONSULTANT shall consult with and advise OWNER and act as
OWNER's representative as provided in the Standard General
Conditions of the Construction Contract Documents. The extent and
limitations of the duties, responsibilities and authority of CONSULTANT
as assigned in said Standard General Conditions shall not be modified,
except to the extent provided in Exhibit A and except as CONSULTANT
may otherwise agree in writing, All of OWNER's instructions to
Contractor will be issued through CONSULTANT who shall have
authority to act on behalf of OWNER in dealings with Contractor to the
extent provided in this Agreement and said Standard General Conditions
except as otherwise provided in writing.
DRAFT: 03/19/04
A -1
Agenda Item No. 16C2
May 11, 2004
Page 7 of 19
EXHIBIT A
6.2. Visits to Site and Observation of Construction:
In connection with observations of the work of Contractor while it is in progress:
CONSULTANT shall provide full-time construction observation, Based on
information obtained during such observations, CONSULTANT shall endeavor to
determine in general if such work is proceeding in accordance with the design
concept and the design information shown in the Contract Documents and
CONSULTANT shall keep OWNER informed of the progress of such work through
regular progress reports. The responsibilities of CONSULTANT contained in this
paragraph are expressly subject to the limitations set forth and other express or
general limitations in this Agreement.
CONSULTANT shall not, during such visits or as a result of such observations of
Contractor's work in progress, supervise, direct or have control over Contractor's
work nor shall CONSULTANT have authority over or responsibility for the means,
methods, techniques, sequences or procedures of construction selected by
Contractor, for safety precautions and programs incident to the work of Contractor
or for any failure of Contractor to comply with laws, rules, regulations, ordinances,
codes or orders applicable to Contractor's furnishing and performing the worle
Accordingly, CONSULTANT neither guarantees the performance of any Contractor
nor assumes responsibility for any Contractor's failure to furnish and perform its
work in accordance with the Contract Documents.
NOTE: COMPENSATION FOR CONSULTANT PROVIDING ON-SITE
CONSTRUCTION OBSERVATION IS BASED UPON CONSULTANT'S
CONSTRUCTION OBSERVER BEING ON-SITE FULL TIME DURING PIPE
LAYING AND TESTING OBSERVATIONS ONLY, UNLESS MODIFIED BY
COUNTY'S PROJECT MANAGER. AT OTHER TIMES DURING
CONSTRUCTION, CONSULTANT WILL PROVIDE PART-TIME CONSTRUCTION
OBSERVATION.
THIS SCOPE OF SERVICES IS BASED UPON CONSULTANT PROVIDING
UPTO 1,650 (one thousand, six-hundred frfty) HOURS OF ON-SITE
CONSTRUCTION OBSERVATION SERVICES.
6.3. Clarifications and Interpretations; Field Orders:
CONSULTANT shall issue necessary clarifications and interpretations of
the Contract Documents as appropriate to the orderly completion of the
work. Such clarifications and interpretations will be consistent with the
intent of and reasonably inferable from the Contract Documents.
CONSULTANT may issue Field Orders authorizing minor variations from
the requirements of the Contract Documents, with approval of OWNER. .
DRAFT: 03/19/04
A-2
Agenda Item No. 16C2
May 11 2004
Page 8 of 19
EXHIBIT A
6.4. Change Orders and Work Change Directives:
CONSULTANT shall recommend Change Orders and Work Change
Directives to OWNER as appropriate, and shall prepare Change Orders
and Work Change Directives as required.
6.5. Shop Drawings:
CONSULTANT shall review and approve (or take other appropriate action in
respect of) Shop Drawings and Samples and other data which Contractor is
required to submit, but only for conformance with the design information given in
the Contract Documents and compatibility with the design concept of the completed
Project as a functioning whole as indicated in the Contract Documents. Such
reviews and approvals or other action will not extend to means, methods,
techniques, sequences or procedures of construction or to safety precautions and
programs incident thereto. Review of a specific item shall not indicate the
CONSULTANT has reviewed the entire assembly of which the item is a
component. CONSULTANT shall not be required to review partial submissions or
those for which submissions of correlated items have not been received.
6.6. Substitutes:
CONSULTANT shall evaluate and determine the acceptability of
substitute or "or-equa'" materials and equipment proposed by Contractor.
6.7. Inspections and Tests:
CONSULTANT may require special inspections or tests of the work, and
shall receive and review all certificates of inspections, tests and
approvals required by laws, rules, regulations, ordinances, codes, orders
or the Contract Documents. CONSULTANT's review of such certificates
will be for the purpose of determining that the results certified indicate
compliance with the Contract Documents and will not constitute an
independent evaluation that the content or procedures of such
inspections, tests or approvals comply with the requirements of the
Contract Documents. CONSULTANT shall be entitled to rely on the
results of such tests.
6.8. Disagreements between OWNER and Contractor:
CONSULTANT shall render the initial decisions on all claims of OWNER
and Contractor relating to the acceptability of the work or the
interpretation of the requirements of the Contract Documents pertaining
DRAFT: 03/19/04
A- 3
Agenda Item No. 16C2
May 11 , 2004
Page 9 of 19
EXHIBIT A
to the execution and progress of the work. I n rendering such decisions,
CONSULTANT shall be fair and not show partiality to OWNER or
Contractor and shall not be liable in connection with any decision
rendered in good faith in such capacity.
6.9. Applications for Payment:
Based on CONSULTANT's on-site observations as an experienced and qualified
design professional and on review of Applications for Payment and the
accompanying data and schedules:
CONSULTANT shall determine the amounts that CONSULTANT recommends
Contractor be paid, Such recommendations of payment will be in writing and will
constitute CONSULTANTs representation to OWNER, based on such obserVations
and review, that to the best of CONSULTANT's knowledge, information and belief,
the work has progressed to the point indicated, the quality of such work is generally
in accordance with the design information Contract Documents (subject to an
evaluation of such work as a functioning whole prior to or upon Substantial
Completion, to the results of any subsequent tests called for in the Contract
Documents and to any other quaHfications stated in the CONSULTANT's
recommendations), and the conditions precedent to Contractor's being entitled to
such payment appear to have been fulfilled. In the case of unit price work,
CONSULTANT's recommendations of payment will include final determinations of
quantities and classifications of such work (subject to any subsequent adjustments
allowed by the Contract Documents).
By recommending any payment CONSULTANT shall not thereby be deemed to
have represented that on-site observations made by CONSULTANT to check the
quality or quantity of Contractor's work as it is performed and furnished have been
exhaustive, extended to every aspect of the work in progress, or involved detailed
inspections of the work beyond the responsibilities specifically assigned to
CONSULTANT in this Agreement and the Contract Documents. Neither
CONSULTANT's review of Contractor's work for the purposes of recommending
payments nor CONSULTANTs recommendation of any payment (including final
payment) will impose on CONSULTANT responsibility to supervise, direct or control
such work or for the means, methods, techniques, sequences or procedures of
construction or safety precautions or programs incident thereto, or Contractor's
compliance with laws, rules, regulations, ordinances, codes <;>r orders applicable to
Contractor's furnishing and performing the work. It will also not impose
responsibility on CONSULTANT to make any examination to ascertain how or for
what purposes Contractor has used the moneys paid on account of the Contract
Price, or to determine that title to any of the work, materials or equipment has
passed to OWNER free and clear of any liens, claims, security interests or
encumbrances, or that there may not be other matters at issue between OWNER
and Contractor that might affect the amount that should be paid.
DRAFT: 03/19/04
A-4
Agenda Item No. 16C2
May 11 , 2004
Page 10 of 19
EXHIBIT A
7. Assistance with Project Close-out Services
7.1. Contractor's Completion Documents:
CONSULTANT shall receive, review and transmit to OWNER with written
comments maintenance and operating instructions, schedules, Guarantees
Bonds, certificates or other evidence of insurance required by the Contract
Documents, certificates of inspection, tests and approvals, and marked up
record documents (including Shop Drawings, Samples and marked-up record
Drawings) which are to be assembled by Contractor in accordance with the
Contract Documents to obtain final payment. CONSULTANTs review of such
documents will only be to determine generally to the best of CONSULTANT's
knowledge, information and belief that their content complies with the
requirements of (and in the case of certificates of inspections, tests and
approvals that the results certified indicate compliance with) the Contract
Documents.
7.2. Substantial Completion:
Following notice from Contractor that Contractor considers the entire work
ready for its intended use, CONSULTANT and OWNER, accompanied by
Contractor, shall conduct an inspection to determine if the work is substantially
complete and provide a punch-list of items requiring additional attention, If after
considering any objections of OWNER, CONSULTANT considers the work
substantially complete, to the best of CONSULTANT's knowledge, information
and belief per the conditions above, CONSULTANT shall deliver a certificate of
Substantial Completion to OWNER and Contractor.
7.3. Record Drawings
Consultant shall provide as-built record drawings. These record
drawings shall be based upon mark-up prints of deviations provided by
the contractor during the construction of the improvements and provided
to the Engineer, The record drawings are to be provided in the following
format(s):
. 1 set of reproducible mylars
. Electronic format (AutoCad compatible)
7.4. Final Notice of Acceptability of the Work:
CONSULTANT shall conduct a final inspection to determine if the
completed work of Contractor is acceptable so that CONSULTANT may
recommend, in writing, final payment to Contractor. Accompanying the
recommendation for final payment, CONSULTANT shall also provide a
notice that the work is acceptable (subject to the provisions of the
preceding paragraphs) to the best of CONSULTANT's knowledge,
information and belief and based on and limited the extent of the
services performed and furnished by CONSULTANT under this
Agreement.
DRAFT: 03/19/04
A- 5
Agenda Item No, 16C2
May 11, 2004
Page 11 of 19
EXHIBIT A
OTHER
Limitation of Responsibilities:
In addition to the limitation of responsibilities of CONSULTANT as detailed in this
Agreement, CONSULTANT shall not supervise, direct or have control over Contractor's
work, nor have any responsibility for the construction means, methods, techniques,
sequences or procedures selected by Contractor nor for Contractor's safety,
precautions or programs in connection with the work. These rights and responsibilities
are solely those of Contractor in accordance with Contract Documents.
CONSULTANT shall not be responsible for any acts or omissions of Contractor, Sub-
Contractor, any entity performing any portions of their work, or any agents or
employees, if any of them. CONSULTANT does not guarantee the performance of
Contractor and shall not be responsible for Contractor's failure to perform its work in
accordance with the Contract Documents or any applicable laws, codes, rules or
regulations,
Duration of Construction Phase:
The Construction Phase will commence with the execution of the construction contract
for the Project or any part thereof and will terminate at the completion of the
construction contract.
COMPENSATION
CONSULTANT shall be compensated as follows.
PHASE
FEE
TYPE
6.0 Construction Observation Services $139,200 T&M
7.0 Assistance with Project Close-out $9,600 LS
Estimated Reimbursable $11,904 T&M
T eta. $160,700 LS/T&M
DRAFT: 03/19/04
A-6
Agenda Item No. 16C2
May 11 , 2004
Page 12 of 19
CONTRACT MODIFICATION CHECK LIST
CONSTRUCTION AND CONSULTANT AGREEMENTS
CONTRACT MODIFICATION
CHECKLIST FORM
PROJECT NAME:
Goodlette Frank Road F M and RWM Improvements
PROJECT#: 74077
BID/RFP #:
01-3290
MOD#:
1
AMOUNT OF THIS CHANGE $ 160,100.00
PO#:
17087
Work Order #:
JEI-FT-03-04-A
CONTRACT AMOUNT: ORIGINAL $ 74,100.00 CURRENT 5234.800.00
(STARTING POINT) (INCLUDING THIS CHANGE ORDER)
Last BCC Approved Amount $ N/A
(LAST TOTAL AMT. REQUIRING BCC APPROVAL)
Date of last BCC Approval N/A
Agenda Item #
Percentage of the change over/under current contract amount 2.16 %
Formula: (Current Amount I Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC
on Purchasing report.
CURRENT COMPLETION DATE (8):
ORIGINAL:
$74,100.00
CURRENT:
$234.800.00
SUMMARY OF PROPOSED CHANGE (S): This work order is for the Construction EnoineerinQ Inspection.
This work order is to inspect the construction of the pipe line.
JUSTIFICATION FOR CHANGE (S): The oriQinal work order is for the EnQineerinQ Desion for
the construction of the Force Main and Reclaimed Water Main. This work order is for the inspection of the
installation of the Force Main and Reclaimed Water Main.
PARTIES CONTACTED REGARDING THE CHANGE:
Bill Mullin. Mr. Jeff Wilson of JEI.
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor N/A)
.1l. Proposed change is consistent with the scope of the existing agreement
-1L Proposed change is in fact an addition or deletion to the existing scope
.1l. Change is being implemented in a manner consistent with the existing agreement
.1l. The appropriate parties have been consulted regarding the change
L Proposed prices, fees and costs set forth in the change are reasonable
PROJ ECT M~.:JJ, ~R ¿"¿OMM EN DA nON:
APPROVE. ~~ Date:
DISAPPROVE: Date:
COMMENTS:
Revised 8/22/03
Agenda Item No. 16C2
May 11, 2004
Page 13 of 19
EXHIBIT A
INTRODUCTION
Collier County previously retained the services of Johnson Engineering
(CONSULTANT) to provide the design of certain effluent water facilities
along the existing Goodlette Road from the existing water reclamation
facility to the intersection of Vanderbilt Beach Road (VBR) and wastewater
forcemain from the existing water reclamation facility to the intersection of
VBR, then along VBR to the intersection of Airport-Pulling Road. Said
contract documents include 18 sheets dated January 2004
The design portion of the project has been completed, and Collier County
is/has conducted the bidding phase of the project during March 2004.
__m
Collier County desires to retain the services of CONSULTANT to provide
engineering services during the construction phase of this project as
outlined herein.
SCOPE OF SERVICES DURING CONSTRUCTION PHASE
6. Construction Observation Services
This proposal is based upon providing full-time construction observation. It
is anticipated the construction contract period shall be 190 calendar days for
substantial completion plus an additional 50 calendar days for final
completion or a total construction contract period of 240 calendar days.
5.1. General Administration of Construction Contract:
CONSULTANT shall consult with and advise OWNER and act as
OWNER's representative as provided in the Standard General
Conditions of the Construction Contract Documents. The extent and
limitations of the duties, responsibilities and authority of CONSULTANT
as assigned in said Standard General Conditions shall not be modified,
except to the extent provided in Exhibit A and except as CONSULTANT
may otherwise agree in writing. All of OWNER's instructions to
Contractor will be issued through CONSULTANT who shall have
authority to act on behalf of OWNER in dealings with Contractor to the
extent provided in this Agreement and said Standard General Conditions
except as otherwise provided in writing.
SUBMITfED FOR APPROVAL: 03125/04
A - 1
Agenda Item No, 16C2
May 11 2004
Page 14 of 19
EXHIBIT A
6.2. Visits to Site and Observation of Construction:
In connection with observations of the work of Contractor while it is in progress:
CONSULTANT shall provide full-time construction observation. Based on
information obtained during such observations, CONSULTANT shall endeavor to
determine in general if such work is proceeding in accordance with the design
concept and the design information shown in the Contract Documents and
CONSULTANT shall keep OWNER informed of the progress of such work through
regular progress reports. The responsibilities of CONSULTANT contained in this
paragraph are expressly subject to the limitations set forth and other express or
general limitations in this Agreement.
CONSULTANT shall not, during such visits or as a result of such observations of
Contractor's work in progress, supervise, direct or have control over Contractor's
work nor shall CONSULTANT have authority over or responsibility for the means,
methods, techniques, sequences or procedures of construction selected by
Contractor, for safety precautions and programs incident to the work of Contractor
or for any failure of Contractor to comply with laws, rules, regulations, ordinances,
codes or orders applicable to Contractor's furnishing and performing the work.
Accordingly, CONSULTANT neither guarantees the performance of any Contractor
nor assumes responsibility for any Contractor's failure to furnish and perform its
work in accordance with the Contract Documents.
NOTE: COMPENSATION FOR CONSULTANT PROVIDING ON-SITE
CONSTRUCTION OBSERVATION IS BASED UPON CONSULTANT'S
CONSTRUCTION OBSERVER BEING ON-SITE FULL TIME DURING PIPE
,LAYING AND TESTING OBSERVATIONS ONLY, UNLESS MODIFIED BY
COUNTY'S PROJECT MANAGER. AT OTHER TIMES DURING
CONSTRUCTION. CONSULTANT WILL PROVIDE PART-TIME CONSTRUCTION
OBSERVATION.
THIS SCOPE OF SERVICES IS BASED UPON CONSULTANT PROVIDING
UPTO 1,650 (one thousand, six-hundred fifty) HOURS OF ON-SITE
CONSTRUCTION OBSERVATION SERVICES.
6.3. Clarifications and Interpretations; Field Orders:
CONSU L T ANT shall issue necessary clarifications and interpretations of
the Contract Documents as appropriate to the orderly completion of the
work. Such clarifications and interpretations will be consistent with the
intent of and reasonably inferable from the Contract Documents.
CONSULTANT may issue Field Orders authorizing minor variations from
the requirements of the Contract Documents, with approval of OWNER.
SUBMITTED FOR APPROVAL: 03/25/04
A-2
Agenda Item No. 16C2
May 11, 2004
Page 15 of 19
EXHIBIT A
6.4. Change Orders and Work Change Directives:
CONSULTANT shall recommend Change Orders and Work Change
Directives to OWNER as appropriate, and shall prepare Change Orders
and Work Change Directives as required.
6.5. Shop Drawings:
CONSULTANT shall review and approve (or take other appropriate action in
respect of) Shop Drawings and Samples and other data which Contractor is
required to submit, but only for conformance with the design information given in
the Contract Documents and compatibility with the design concept of the completed
Project as a functioning whole as indicated in the Contract Documents. Such
reviews and approvals or other action will not extend to means, methods,
techniques, sequences or procedures of construction or to safety precautions and
programs incident thereto. Review of a specific item shall not indicate the
CONSULTANT has reviewed the entire assembly of which the item is a
component. CONSULTANT shall not be required to review partial submissions or
those for which submissions of correlated items have not been received.
6.6. Substitutes:
CONSULTANT shall evaluate and determine the acceptability of
substitute or "or-equal" materials and equipment proposed by Contractor.
6.7, Inspections and Tests:
CONSULTANT may require special inspections or tests of the work, and
shall receive and review all certificates of inspections, tests and
approvals required by laws, rules, regulations, ordinances, codes, Grders
or the Contract Documents. CONSULTANT's review of such certificates
will be for the purpose of determining that the results certified indicate
compliance with the Contract Documents and will not constitute an
independent evaluation that the content or procedures of such
inspections, tests or approvals comply with the requirements of the
Contract Documents. CONSULTANT shall be entitled to rely on the
results of such tests.
6.8. Disagreements between OWNER and Contractor:
CONSULTANT shall render the initial decisions on all claims of OWNER
and Contractor relating to the acceptability of the work or the
interpretation of the requirements of the Contract Documents pertaining
SUBMITTED FOR APPROVAL: 03/25/04
A-3
Agenda Item No. 16C2
May 11 2004
Page 16 of 19
EXHIBIT A
to the execution and progress of the work. In rendering such decisions,
CONSULTANT shall be fair and not show partiality to OWNER or
Contractor and shall not be liable in connection with any decision
rendered in good faith in such capacity.
6.9. Applications for Payment:
Based on CONSULTANT's on-site observations as an experienced and qualified
design professional and on review of Applications for Payment and the
accompanying data and schedules:
CONSULTANT shall determine the amounts that CONSULTANT recommends
Contractor be paid. Such recommendations of payment will be in writing and will
constitute CONSULTANT's representation to OWNER, based on such observations
and review, that to the best of CONSULTANT's knowledge, information and belief,
the work has progressed to the point indicated, the quality of such work is generally
in accordance with the design information Contract Documents (subject to an
evaluation of such work as a functioning whole prior to or upon Substantial
Completion, to the results of any subsequent tests called for in the Contract
Documents and to any other qualifications stated in the CONSULTANT's
recommendations), and the conditions precedent to Contractor's being entitled to
such payment appear to have been fulfilled, In the case of unit price work,
CONSULTANT's recommendations of payment will include final determinations of
quantities and classifications of such work (subject to any subsequent adjustments
allowed by the Contract Documents).
By recommending any payment CONSULTANT shall not thereby be deemed to
have represented that on-site observations made by CONSULTANT to check the
quality or quantity of Contractor's work as it is performed and furnished have been
exhaustive, extended to every aspect of the work in progress, or involved detailed
inspections of the work beyond the responsibilities specifically assigned to
CONSULTANT in this Agreement and the Contract Documents. Neither
CONSUL TANT's review of Contractor's work for the purposes of recommending
payments nor CONSULTANT's recommendation of any payment (including final
payment) will impose on CONSULTANT responsibility to supervise, direct or control
such work or for the means, methods, techniques, sequences or procedures of
construction or safety precautions or programs incident thereto, or Contractor's
compliance with laws, rules, regulations, ordinances, codes or orders applicable to
Contractor's furnishing and performing the work. It will also not impose
responsibility on CONSULTANT to make any examination to ascertain how or for
what purposes Contractor has used the moneys paid on account of the Contract
Price, or to determine that title to any of the work, materials or equipment has
passed to OWNER free and clear of any liens, claims, security interests or
encumbrances, or that there may not be other matters at issue between OWNER
and Contractor that might affect the amount that should be paid.
SUBMITTED FOR APPROVAL: ()31251O4
A-4
Agenda Item No. 16C2
May 11, 2004
Page 17 of 19
EXHIBIT A
7. Assistance with Project Close-out Services
7.1. Contractor's Completion Documents:
CONSULTANT shall receive, review and transmit to OWNER with written
comments maintenance and operating instructions, schedules, Guarantees
Bonds, certificates or other evidence of insurance required by the Contract
Documents, certificates of inspection, tests and approvals, and marked up
record documents (including Shop Drawings, Samples and marked-up record
Drawings) which are to be assembled by Contractor in accordance with the
Contract Documents to obtain final payment. CONSULT ANT's review of such
documents will only be to determine generally to the best of CONSULTANT's
knowledge, information and belief that their content complies with the
requirements of (and in the case of certificates of inspections, tests and
approvals that the results certified indicate compliance with) the Contract
Documents.
7.2. Substantial Completion:
Following notice from Contractor that Contractor considers the entire work
ready for its intended use, CONSULTANT and OWNER, accompanied by
Contractor, shall conduct an inspection to determine if the work is substantially
complete and provide a punch-list of items requiring additional attention. If after
considering any objections of OWNER, CONSULTANT considers the work
substantially complete, to the best of CONSULTANT's knowledge, information
and belief per the conditions above, CONSULTANT shall deJiver a certificate of
Substantial Completion to OWNER and Contractor.
7.3. Record Drawings
Consultant shall provide as-built record drawings. These record
drawings shall be based upon mark-up prints of deviations provided by
the contractor during the construction of the improvements and provided
to the Engineer. The record drawings are to be provided in the following
format(s):
. 1 set of reproducible mylars
. Electronic format (AutoCad compatible)
7.4. Final Notice of Acceptability of the Work:
CONSULTANT shall conduct a final inspection to determine if the
completed work of Contractor is acceptable so that CONSULTANT may
recommend, in writing, final payment to Contractor. Accompanying the
recommendation for final payment, CONSULTANT shall also provide a
notice that the work is acceptable (subject to the provisions of the
preceding paragraphs) to the best of CONSULTANT's knowledge,
information and belief and based on and limited the extent of the
services performed and furnished by CONSULTANT under this
Agreement.
SUBMITTED FOR APPROVAL: 03/25/04
A-5
Agenda Item No. 16C2
May 11, 2004
Page 18 of 19
EXHIBIT A
OTHER
Limitation of Responsibilities:
In addition to the limitation of responsibilities of CONSULTANT as detailed in this
Agreement, CONSULTANT shall not supervise, direct or have control over Contractor's
work, nor have any responsibility for the construction means, methods, techniques,
sequences or procedures selected by Contractor nor for Contractor's safety,
precautions or programs in connection with the work. These rights and responsibilities
are solely those of Contractor in accordance with Contract Documents.
CONSULTANT shall not be responsible for any acts or omissions of Contractor, Sub-
Contractor, any entity performing any portions of their work, or any agents or
employees, if any of them. CONSULTANT does not guarantee the performance of
Contractor and shall not be responsible for Contractor's failure to perform its work in
accordance with the Contract Documents or any applicable laws, codes, rules or
regulations.
Duration of Construction Phase:
The Construction Phase will commence with the execution of the construction contract
for the Project or any part thereof and will terminate at the completion of the
construction contract.
COMPENSATION
CONSULTANT shall be compensated as follows.
PHASE
FEE
TYPE
6.0 Construction Observation Services $139,200 T&M
7.0 Assistance with Project Close-out $9,600 LS
Estimated Reimbursable $11,900 T&M
Total $160,700 LSfT&M
SUBMITTED FOR APPROVAL: 03/25/04
A-6
Agenda Item No. 16C2
May 11, 2004
Page 19 of 19
-
EXECUTIVE SUlVll\IARY
---.-.--
Cancel Hideaway Beach Access Improvements, Project 90511, and Approve a Budget
Amendment to Transfer $375,055 to the Reserves
OBJECTIVE: To obtain Board of County Commissioners approval to cancel the balance of a
work order wÜh Humiston & Moore Engineers for Hideaway Beach Access Improvements and
return the remaining project funds to the Tourist Tax Reserves.
CONSIDERATIONS: On September 11,2001, Agenda Item 16.c.13, the BCC approved the
Hideaway Beach Aecess Improvements project with a budget of $40] ,000. A work order and
purchase order were issued to Humiston & Moore (H&M) Engineers for $76,000 to design the
combination boardwalk and sand placement and to go through the pennitting process, This work
order is based on time and matelials not to exceed $76,000.
A permit application was submitted to the Florida Department of Environmental Protection
(FDEP) in early January 2003, Subsequently, FDEP sent a lener dated February 7, 2003
indicating that it wou1d be diflìcult to justify a permit for this project; an inland route for
providing public access had been observed by revic\ving the aerial photography of Ùle area, This
proposal is for a walking route on private prope11y and has been ruled out by the owners in the
past.
..-
On February 21, 2003, the CAC voted unanimously to suspend the Hideaway Beach Access
Improvements project due to the environmental conccms expressed by FDEP, the Conservancy,
the FIOlida Wildlife Federation, the Friends of Tige11ail and the general public, On February 24,
2003, the Tourist Devc1opment Council voted unanimously in support of the CAC
recommendation. That recommendation included 1) withdrawing the permit application from
FDEP (completed) and 2) studying the environmental issues for potentially re-designing the
project (subject of this executive summary),
The Board of County Commissioners approved the Beach Access Master Plan at their meeting
on May 27, 2003. During that meeting, direction was provided to develop a funding policy
based on public access and use, Staff was also directed not to let the policy issues impact the
schedules of any beach maintenance projects. This project is proposed for public access and not
beach maintenance. A funding policy was adopted by the Board on December 16, 2003 as
Agenda Item lO.K. The City of Marco Island has requested that this project be re-started. Upon
approval of a final construction scope, an inter-local agreement wi1l be needed between the City
of Marco Island and Collier County. Some of the details that will need to be addressed are the
potential impacts of the process to establish a Municipal Special Taxing Unit, the timing of
payments, and ownership of improvements.
,-.
On March 11, 2004, the CAC recommended that Humiston & Moore Engineers conduct an
environmental study related to potentially better connecting (in terms of environmental concerns)
Tigel1ail Beach with Hideaway Beach. H&M has proposed a time & matcl;als work order
amendment not to exceed $25,000 to program such an environmental study, and within the
original $76,000 work order limit. TIle Coastal Advisory Committee recommended approval of
Agenda Item No. 16C3
May 11, 2004
Page 1 of 3
--"._--""",. ".,
."-"._,..""....,, ,
. "O>q----"".
this work order amendment at their meetings on May g, 2003 and Man.:h 11, 2004. The Tourist
Development Council recommended approval of this work orucr amendment at their meetings on
May 28, 2003 and March 29, 2004.
The proposed project area does not currently have public street access nor is it within 1/2 mile of a
beach park facility, public access point, hotel, or motel. The project area has been recommended
as a vital tourism area subject to abnormal erosion by both the Coastal Advisory Committee and
the Tourist Development Council (both recommendations were made subject to the provision of
public street access).
On Aplil 13, 2004, agenda item 10.C, the Board of County Commissioners directed no further
efforts on this project due to environmental conCCl11s.
FISCAL IMPACT: The source of funds is the Tourist Tax and $375,055 will be returned to the
Reserves.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan
related to this action.
RECOMMENDATION: That the Board of County Commissioners approve the cancellation of
a work order with Humiston & Moore Engineers for the Hideaway Beach Access Improvements
and approve a budget amendment trans felTing $375,055 to the Tourist Tax Reserves.
,-
Agenda Item No, 16C3
May 11, 2004
Page 2 of 3
COLLIER COUNTY
BGM'W OF COUNTY G()Mt/iSS:()~,LF~,
Item Number
16C?
Item Summary
C;",yel Hido,,"vny t:'cach f<.crec", 'ncpmven,en!c P",Hd '}C5",1 C,¡,," ",IX,'v;'" a
Budget AmencJn'ert ,0 Tra;cs!u S.r7SDS5 \0 "'" (c;w',e~
Meeting Date
5/11/2004 900:00 ?\fA
Preparcd B"
P~u¡ ¡';wa
Pwi~ct M"nDq\)r
Put-lic UHlihes
Puhlic m¡¡¡tie,; Engirwenng
Appro,'cd By
Ron Hovel¡
SpeGi": Pmi"~:" Ma"~:,;,)r
D;,t~
Public Wilities
Puh¡¡.-. UUEtie,; Engineering
j,i1r,:2004 'J:n f,.,M
Appro\"Cd By
Thcma$ Wid"",
Operat\o"s Director
O:,te
Public Utilities
Puhlic UWiUe$ Operðtior\"
~i1~,:20G4 1:1~ FM
Approved By
Jack Wsrt
Tourism Diwc!ür
031e
Cou,,!y Manager's Off¡ce
Toursim Dt~v":opment C,."",c::
4i'19I'lOD4 3:1 'i PM
Apprond By
Roy ß, Anderson, P,E,
Put-fic Uti!ì(i"", EngIneering mrEctor
DatE
Pub!ic Utilities
Public U~ilitic$ Engineering
,112112004 5:(}Q PM
ApproYCd By
.J,1mES W, Delany
Pubfic U:¡¡;Ocs ¡\d",i,-'¡s!(ðtor
O:,!'~
Public Utimies
Public Utilities Admin,strdie"
,;,j~:~;,'2i,)G4 1G:Q1 AM
Apprond By
Pm lÐhni1ard
Administrative Ass:st3nt
O:.t,~
County Managers Office
OfficB of M3<1ogN,.N...t Ii ,;udgct
4¡29f2,ì~>11D:4() Þ.M
Approved By
Mmk :$ackson
Budg"t ,".,m,lyst
0:11,;
Cou"ty Managers OfficE
OffiC$ of M"f!3gemont I;' ""aGet
,í!3G!2i,)¡)4 12:1<) PM
Appro\'cd By
Michael Smykowski
Managemc.nt ,So, Budget Director
0:11"
Cou"ty Marwger'$ Office
OfflCG of M"nagoment Ii. Budget
Si3!20lì41i:13I\.M
Appro\'l.'d By
.James V, Mudd
County Manager
Oat"
Bo"rd of County
Commissionsrs
Collnty Manager'$ Office
513/20045:57 PM
Agenda Item No, 16C3
May 11, 2004
Page 3 of 3
--
EXECUTIVE SUl\ll\lARY
-~- "-~-~" _n
Approve a Work Order Amendment, under Contract #01-3271, Fixed Term Professional
Engineering Services for Coastal Zone Management Projects, with Humiston & Moore
Engineers for Hideaway Beach Renourishment Permitting, Project 90502, in the amount of
$50,000.
OBJECTIVE: To obtain Board of County Commissioners approval to execute a work order
amendment with Humiston & Moore Engineers (H&M) for phase 2 of the engineeling services
related to permitting the Hideaway Beach Renourishment.
CONSIDERATIONS: On September 11, 2001, agenda item 16,C,13, the Board approved the
Hideaway Beach Renowishment design and permitting with a budget of $335,500. On March
25, 2003, agenda item 10.K, the Board approved a budget amendment in the amount of $165,500
bringing the total budget to $501,000.
A work order for $85,220 was negotiated under a fixed term contract with Humiston & Moore
(H&M) Engineers to design a beach restoration project on Hideaway Beach for an estimated
250,000 cubic yards of sand fill with erosion control structures at South Point and Royal Marco
Point.
...--
The next phase involved applying for the permits and responding to permitting agencies'
requests for additional infOlmation. On June 24, 2003, Agenda Item l6,c.18, the Board
approved a work order for Phase 2 - Permitting for $103,000, which consisted of preparation of
permit applications, attendance at coordination meetings, and responding to requests for
additional information (RF AI), The Florida Department of Environmental Protection (FDEP)
has sent one RFAI and H&M has responded to the first RFAI.
H&M had initially recommended an additional $30,000 based on limited know1edge of FDEP's
second RFAI. On April 9,2004, FDEP s~nt RFAI #2, On April 16, 2004, H&M sent the County
a letter outlining FDEP's list of remaining pennitting requirements along with H&M's estimated
cost to address each item. It was estimated that a total of $44,900 would be needed to complete
the work required to address FDEP's RFAI #2 along with $5,100 to address the Florida Fish and
Wildlife Conservation Commission's concerns for a total of $50,000.
On April 13, 2004, agenda item W.C, the Board approved a $4,450,000 funding plan for the
construction of this project. Previous Board direction, as well as discussions on Aplil 13th, has
been to complete all design and pennitting for this project so as not to impact the schedule. The
proposed $50,000 work order amendment is needed to complete the pelmitting process.
The Coastal Advisory Committee recommended approval of a $30,000 work order amendment at
their meeting on April 8,2004 and they were subsequently updated on the increased pIice. The
Tourist Development Council recommended approval of a $50,000 work order amendment on
April 19,2004,
~
Agenda Item No. 16C4
May 11, 2004
Page 1 of 5
" -""-.----.-"
FISCAL IMPACT: The $50,000 is available from the project budget that has a cunent
unencumbered balance of $63,890, l11e source of funds is the ToUlist Development Tax.
GRO\VTH MANAGEMENT IMPACT: There is no impact to Ù1e Growth Management Plan
related to this action.
RECOMMENDATION: That the Board of County Commissioners authorize the Public
Utilities Administrator to execute a work order amendment with Humiston & Moore Engineers
for phase two of the engineering services related to permitting the Hideaway Beach
Renourishment, in the amount of $50,000.
_.
Agenda Item No. 16C4
May 11, 2004
Page 2 of 5
COLLIER COUNTY
BGi"H[; OF COUnfY GOMf,1ISS;(}NEFiS
Item Number
Ii3C.~
,'-'
Item Summary
;\)p,.ov('" WO'y' (,,'ciw ¡,n'w'cin"()r.I, Ci"dGf Conlr:3ct i;D~-32ì 1 F¡x"d Teem
F'rciess;ë"Cdl En:;,r¡e","'-,q S,",v'ces Ie> C')"5:'" Zone r-:13nCi¡,ement F',ojeC!ë., "':;.,
HurD',':"" & "lkCJre fcr.C!".,hY, lor ;'lide"w2Y Seder. ROIlÜ",ish'""nt P"rnc't(lllq
PrOle,) 90:',02, in t"e """"',;1',1 or SSG,DOO
Meeting Dólte
5(11/2004 <} OOOD AM
I'rfparfd By
P",,:. r<.W;;
Proj<",t M"'"""Ff
P",b!ic, UI¡'ji"s
Fut"lic Uti!;:;"" [¡'9i"~NI"9
ApprO\'~d By'
r,o" Hovcil
Spe~¡ai p't'j':c!<; Man~gH
OiJt~
Put'iic Ut;¡;j¡~S
F,,:.;I;I,' U!;I:ti"" Engi"eer;n9
4'27l200,'¡10:2i AM
ApproH'd By
P"",><,~ .";!;ù",;
Ope r(;t;o"~ Oir¡:.cWr
Date
P"t>ii(. Ut;iit!"s
»"t,;le", U!il,U,'~ GpH~U(},,;;
4!J7!ZOO'¡ 9:20 AM
Appro\'fd By'
WW¡i',n1 D, Mu¡¡,n, PE
Principal Proj€c! M;m~Gu
Dat€
Pubiiè UII¡¡ii~s
»"t"k U!iI¡U"s Enøi""",ring
4!27!ZGO,¡ 10:24 Art.
Appron~d By
Lyn W",,<I
f'<m:ha5ing AT""!
DiJ!€
kt¡"f¡nis:",H',~ S",-",ee"
PiH d'03;,i;'\1
4W1!2004 2:31 PM
ApprOHd B~'
S!€'<€ C;".1eií
Purchas¡ng'Genm"i $v(::', Dire,!"f
Date
l,¡tm¡"i<;:,,¡Ii','e S",-,.,("",
»urch3;,ing
4!29WJC>4 $:Oí) AM
ApprOHd II)'
.13""":; W, DeL:"',>,
Pub!", U::¡'¡;es :,dmini:¡,:',:tor
Da\(¡
PuUlc Utilities
»ut,I:C UU:U.:s ,\¡jmi"i'Str3\inn
4'2'J1Z()()4 10:í)3 AM
ApprO\'fd By
F3t LûhnhiJrd
Adm",islraUv"A¡.si:;í¡mt
Date
C:)W,ly M~n~i,jer's OffkE
O¡¡;G~ "t r',~~I1"g"i'oen! I(. B"d'l~t
4!29i2004 1ú;4f, AM
Appro\'fd By
Mark I';""'KS"'"
Budget Þ,r.aiy,sí
Oat.;
County Manager's Office
Office; of M~m¡g€,"",...t & 8uò'l"t
4130!2004 2:44 PM
Approved B~'
Michael SmykowsKi
Mar:3g~m~r.t ¡;. Budget Director
Date
C"unty Manager's OH1c...
OHic~ ,>t M,"'~gcment ,<¡. B¡¡<!gc.t
5'3;;:00411:08 AM
Approved BJ
JamES V, M"ód
Gmm1y r"1,,n¡¡gQr
Da!e
ao,mj o! Co'",!y
County M~¡-0~9""'$ Officr,
:,3i2004 6:10 PM
C()"'rn¡s~.ic"ürs
Agenda Item No, 16C4
May 11,2004
Page 3 of 5
I HlJlVIISTON
~ ~ & l\100RE
- r~ I ENGINEERS
. I ~~tl~T~~ING DES GN
AND PERMITTING
5679 S1RAND COURT
NAPlES, FLORIDA 34110
FAX:239 594 2025
PHONE: 2395942021
April 16, 2004
Mr. Ron Hovell, P.E.
Collier County Public Works Engineering Department
3301 E. Tamiami Trail
Naples, FL 33962 Sent via email
Re: Hideaway Beach Nourishment, H&M File No. 12028
Dear Ron:
As a follow up to my March 31, 2004 request for a $30,000 budget amendment to
complete the permitting process, this is to update that request based on our
meeting with DEP staff and the April 9, 2004 DEP Request for Additional
Information (RAI). Our March 31 request was submitted in order to place an item
on the April 8, 2004 CAC agenda, however, that request was presented without a
full understanding of what DEP was going to be asking for.
Based on the RAI and our recent meeting with DEP, the following is a detailed
list of remaining permitting requirements and our estimated budget for each item.
1. Modifications to permit drawings """"""""""""""""""" $ 1 ,850
2, Provide additional details on borrow material
compatibility analysis.............................................. $ 3,750
3. Additional wave refraction modeling................................. $16,550
4, Provide additional details on ebb shoal
reservoir model.......,....................,.......................... $1 0,700
5, Analysis of 1991 borrow area recovery............................ $ 1,150
6. Monitoring and Management Plan ................................... $ 4,300
7. Mixing zone aerial photograph ..................................,...... $ 350
8. Environmental survey of mixing zone............................... $ 6,250
Total.................................. $44,900
We have not yet received a response to our last submittal from the Florida Fish
and Wildlife Conservation Commission, Because of this we recommend the
budget amendment be for $50,000.
Please note that the latest RAI includes DEP's detailed permit fee computation.
We had previously estimated the fee to be $52,000 if it was computed in the
same manner the fees had been computed in the past for the temporary
Agenda Item No. 16C4
May 11, 2004
Page 4 of 5
structures. We were able to successfully negotiate what we believe to be a more
appropriate method of computing this fee, resulting in a fee of $23,700,
representing a savings of $23,648 on this item. Considering the savings on the
permit fee item, this budget amendment request represents an overall increase
of $26,352.
Items 3 and 4 represent the largest amount of this budget amendment request.
These items are to address DEP concerns regarding the location of the borrow
area. This is an extremely important issue, because the alternative borrow areas
would probably be a significant distance offshore and would substantially
increase project costs, perhaps even to the extent that it would affect the
economic feasibility of the project.
Sincerely yours,
HUMISTON & MOORE ENGINEERS
/ ~e~ r~f /1 c\ ~
Kenneth K, Humiston, P.E
Agenda Item No. 16C4
May 11, 2004
Page 5 of 5
--
EXECUTIVE SUMMARY
Approval of attached Certification of Application by the Board of County
Conmlissioners, and the signature of the Chairman, permitting the Collier County
Public Library to apply for a State Construction Grant to enlarge the Golden Gate
Branch Library.
OBJECTIVE: Obtain signature of the Chairman of the Board of County Commissioners
on the attached Certitìcation of Application, permitting the Comer County Public Library
to apply for a State Library Construction Grant to enlarge the Golden Gate Branch
Librmy.
CONSIDERATIONS: The Board of County Commissioners approved the architectural
contract for the expansion design work with Barany Schmitt Summers Weaver and
Partners, Inc., September 9, 2003. (Item l6Fl, #6.) The BCC approved the State Library
Construction Grant at its regulm' meeting on March 23, 2004. (Item # 16D2.)
The 'Certification of Application' is an additional document required by the State Library
to complete the grant application.
.-
FISCAL IMPACT: The grant request is for $500,000 from the Public Library
Construction Grant Program. Local funds in the amount of $3,500,000 will be requested
from the Library's Impact Fee Fund (Fund 355) during the regular budget process.
GROWTH MANAGEMENT IMPACT: Construction of the additional library space in
Golden Gate will help maintain the minimum 11oor space standard of .33 square feet per
person, established by the Growth Management Plan. CulTently the Librmy has 129,548
square feet of library space, which is slightly more than the growth management
standard, Without this construction project, the margin will sluink to approximately 6,000
square feet of library space over the minimum required by the growth Management Plan.
RECOMMENDATION: Staff recommends that the Board approve the Certification of
Application, and provide authority to the Chaim1an to sign it.
.-
Agenda Item No. 1601
May 11 2004
Page 1 of 3
"--.....
.-.,--."....
.... .__.._-~_..",....,..
.. "'-.-_M._-.'"
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
SO/If<:) OF COUNTY COMMì3S¡ONFPS
16D1
/\pproval of altacl1ec Cnrt¡fiu",lcn of Application by no Bomd of County
Commissioners, and the slg!l31ure of the Chiiirillan. pennlttng tile Collier
County PubHc Library to apply fer a State Con,:lruction Grant to enl"rge Ii:e
Golden Gale Branch Library.
S/11i20G4 900:00 AM
Prepared By
Marilyn Matthes
Public Services
Library Assistant Director
Library
Approwd By
Marlene J, Foord
Administrative Services
Grants Coordinator
0<)1,"
Adminis!riJlive Services Admin,
4/19i2()()4 Si20 PM
Apprond By
k,hn Dunrmck
Public Services
Public S¡;rvìc!'.$ Admìnístratm
Dat!'.
Public S¡:,rvic€s Admi",
4f271:?OO41'10 PM
Apprm'ed By
Gary A. Vincent
County Manager's Office
Managem~~nl & 8udq€t hnlys:
Date
OfficI:. of fi'!;:m;¡g1:'.m"ot & Budget
4!2812004 11;40 ,!.I,M
Approved By
Susan Ush<.r
County Manager's Office
Senior Man¡;.~.¡ementi8m1q;:t {..n¡¡lys\
D;;;:"
Office of Managf2ment & Budç¡ct
513i2004 3:31 Pf11
Approved B)'
Micha,,1 Smykow:¡;':¡
County Manager's Office
Marwgl?'.ment & 8udget Director
Dat€
Office of Mana(JiJnvJnt & Bud'],"!
5!4i2004 3:16 AM
Approved By
James V, Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
5!4!200412:07 PM
Agenda Item No. 1601
May 11 , 2004
Page 2 of 3
F1úrida Department of Sùtte~ Division of 1.¡braIY- Dnd InfonnaHon &'n'Ì("es
CERTIFICATION OF APPLICATION
èertifythat this Library Construction Grant AppJication of the
- ~._.Çol1ier ÇqUDj;.y_~Publiç. rJibra~~~-
(name of applicant)
ts true and aœll1"âtc to the best of my knowledge. that the applicant wiJI co:mply "YÍth thrt standards
established pursuant to seCtion 257.15. Florida. Statures-, will fumìsh such repons and information
and follow such procedUI'CS as wiH be required by the Department of State. Division of Library and
I~formalkm Services; that all futuisreceived for the proje<:c will be exp~nded sold)' fOT thè púrposes
for winch gmntcd and any such funds not S() eApended, indud)ng funds lost or diverted toüther
purpose$. shan be paid to the Departmento( State. Divjsion of Library and Information S~t'Vke..~;
and thàt the current annum appropriation forlibmry service: is $
t;flG4oOOO.
BOARD OF COUNTY'COMM~SIONERS.
,COLLIER COUNTY" FLORIDA
By;-
=""..0.0.""'_-.'---'-'
DonnaPiala. Cttairman
. A'ITEST:
I>WIGliT E. BROCK~ Clerk
By:
.Pê-puty Clerk
.,¡\Í'J-'TÇ",-e.QäIi tófôrmand legaJ$1lffici~y:
~~p~
~fb()mâ$ C.Pa1mer
As~istant Count)' Attorfiey
--
Agenda Item No. 1601
May 11, 2004
Page 3 of 3
Pu~k :U~ï)'C9iß:tnK#~ (~1 /~pptit';8don
pu~~,,".Eft~cùve: lt9(~oo..'J
.-
EXECUTIVE SUMMARY
Approval of a Lease Agreement with the City of Naples for ElVIS Department's use of Station
1 at an annual rent of $25,800.
OBJECTIVE: Secure Board of County Commissioners' approval and execution of the attached
Lease Agreement (Lease) with the City of Naples (City) for use of Station 1 located at 801 8th
Avenue South, Naples.
CONSIDERATIONS: In order to improve EMS response time within the City of Naples, the City
of Naples has agreed to allow EMS to lease Station 1 located within the City Hall complex. Station
1 consists of 2,585 square feet comprising an equipment storage area, office area, s1ceping quarters,
kitchen, and recreation room,
TIle lease term will be for five years commencing May 1, 2004, with five automatic five-year
renewals. Annual rent, throughout the entire life of the Lease, including all renewal periods, will be
$25,800 paid in monthly installments of $2,150, The County will be responsible for payment of all
utilities, interior janitorial service, and making necessary improvements, The County can terminate
the Lease anytime by providing the City with 90 days prior written notice.
Utilizing or sharing neighboring jmìsdictions' existing fire station facilities eliminates the costs
associated with pun.:hasing land, constructing buildings, and maintaining property and related
improvements,
,-
The attached Lease has been reviewed and approved by the EMS Department and the Oftice of the
County Attorney,
FISCAL ~lPACT: Annual rent for Fiscal year 04/05 in the amount of $25,800 will be withdrawn
from E.mergeney Medical Services Fund (490),
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan,
RECOMMENDATION: That the Board of County Commissioners approve and authOlìze
Chairman Fiala to execute the attached Lease Agreement on behalf of the Board,
--
Agenda Item No. 1602
May 11, 2004
Page 1 of 6
".--_.
.,....-.,,---..-
. ....,. ,e- "'"--_...~".., ..
COLLIER COUNTY
EiOi\PD OF COUNTY cm,r,;\!W:>S¡ONU~S
Item Number
1602
Item Summary
!\pprov;,i of a Lea:òc :\lyeemenf Wlttl Ihe 011 ,,¡ Naples for use of Slatten 1 for
the EMS Department at an annual cost of $25 .diD
Meeting Date
5/1 íi20()4 9J)OOQ Nvl
Prepared By
Michael H, Dowling
ProperlY M;mzgcment Spccì<,!ìst
Admí..ìstrativü Services
(-"cHit!",;, 1':',magc.m~mt
Approved By
Skip Camp, C.F.M.
Fa<:¡ììtìes Management Dire<:tor
D3t<::
Administrative Sf¡rvÎces
Faciiities M£Hìi>gfHnent
4!2112004 4:14 PM
Apprm'ed B)'
Jeí1 Pane
EMS Director
Date
PubHç Services
EMS
4!21j2()(j4 4:53 PM
Approved By
Ch¡;des E, Carrington. JL, SRi
Rea! Est::;t;: S',fvìc<::s MiJf1<1ger
Dall,
WA
Adminìstratiw! Serv¡ct')s
F"çiiities Management
4;26/2004 J:Z2 PM
Approwd By
~:ohn Dunnuck
Public, S"r"ic(';s l;óministrator
Date
PubHc Services
PubHc S"",;ces Admin,
41271?()O4 1 :11 PM
Approved B)'
Gary .r". Vincent
Manag¡;,ment 8< Budget Am:;!"s:
O~tû
County Manager's Office
Office of M,lIlagement & ßw:J';¡fJt
4i28W}O4 11:54 ,'~,M
Approved By
Michael Smyko'>Ns¡"ì
Man¡;¡qement &. Budget Oirødor
Da\0
County Manager's Offíce
Office of Mamigf.!ment ,& Budget
5i3!2004 -¡ 1 :05 AM
Approved By
Jam~)s V, Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
5!3i2004 6;14 PM
Agenda Item No, 1602
May 11, 2004
Page 2 of 6
Lease #
LEASE AGREEMENT
TillS LEASE AGREEMENT entered into this - day of , 2004, between
City of Naples, and its successors, whose mailing address is 735 g'h Street, Naples, Florid3 34102,
hereinafter referred to as "LESSOR", and COLLIER COUNTY, a political subdivision of the State of
Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred
as "LESSEE".
WITNESSETH
In consideration of the mutual covenants contained herein, and other valuable consideration, the
parties agree as follows:
ARTICLE !.
,
Demised Premises
LESSOR hereby leases 10 LESSEE and LESSEE hereby leases from LESSOR the property
described as SOl 8Th Avenue South, Naples, Florida, which is the buiJding located at the northeast
comer of gth Street South and g'h Avenue South, directly south of City Hall and directly west of Fire
Station #1, for the sole purpose of operating an emergency medical services facility.
LESSEE covenants and agrees not to use, occupy, suffer or pennit said Demised Premises or
any part thereof to be used or occupied for any purpose contrary to law or the rules or regulations of
any public authority.
ARTICLE 2.
Tenn of Lease
LESSEE shaH have and hold the Demised Premises for a tem of five (5) years commencing on
May I, 2004 and ending April 30, 2009. This Lease shall automatically be renewed for five (5)
additional separate tenns of five (5) years each, under the telms and conditions as provided herein.
LESSEE, however, reserves the right to tenninate this Lease, with or without cause, upon
ninety (90) days prior written notice of such tennination 10 LESSOR at the address set forth in
ARTICLE I2 of this Lease. Said notice shall be effective upon actual receipt by LESSOR.
ARTICLE 3.
Rent
LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of
Twenty-five Thousand Eight Hundred Dollars ($25,800.00) per annum in equal monthly installments
of Two Thousand One Hundred Fifty Dollars ($2,150.00) each.
All rental payments shall be due payable in advance on the first day of every calendar month
during the term hereof. If the terms of this Lease shall commence on a day other than the first day of
the month, LESSEE shall pay rental equal to one thirtieth (1/30th) of the monthly rental muJtipJied by
the number of rental days of such fractional month.
ARTICLE 4.
Renewal Tenn Rent
Throughout the entire term of this lease, the rent set foJ1h in ARTICLE 3 shall remain the same
as the above written rental amount.
ARTICLE 5.
Other Expenses and Charges
LESSOR shall pay all utility chargers pel1aining to water, sewer, electric and trash collection
rendered upon the Demised Premises. LESSOR shall invoice LESSEE on a monthly basis for those
charges. LESSEE agrees to pay the same AS ADDITIONAL RENT within thirty (30) days of its
receipt of the LESSOR'S bill or invoice. LESSEE shall be responsible for payment of aU other utilities
and services rendered upon the Demised Premises, not paid for by LESSOR, including, but limited to,
janitorial services, telephone and cable television.
Agenda Item No, 1602
May 11 , 2004
Page 3 of 6
ARTICLE 6.
Modifications to Demised Premises
Prior to making any changes, alterations, additions or improvements to the Demised Premises,
LESSEE will provide to LESSOR all proposals and pJans for alterations. improvements, changes or
additions to the Demised Premises for LESSOR'S prior written approval, specifying in writing the
nature and extent of the desired alteration, improvement, change, or addition, along with the
contemplated starting and completion time for such project. LESSOR or its designee will then have
sixty (60) days within which 10 approve or deny in writing said request for changes, improvements,
alterations or additions. LESSOR shall not unreasonably withhold its consent to required or
appropriate alterations, improvements, changes or additions proposed by LESSEE. If after sixty (60)
days there has been no written rejection delivered by LESSOR to LESSEE regarding_said proposals or
plans, then such silence shall be deemed as an APPROVAL to such request of LESSEE.
LESSEE covenants and agrees in connection with any maintenance, repair work, erection,
construction, improvement, addition or alteration of any authorized modifications, additions or
improvements to the Demised Premises, to observe and comply with all then and future applicable
laws, ordinances, rules, regulation, and requirements of the United States of America, State of Florida,
County of Collier, and any and all govemmental agencies having jurisdiction over the Demised
Premises.
All alterations, improvements, and additions to said Demised Premises shall at once, when
made or installed, be deemed as attached to the freehold and to have become property of LESSOR.
Prior to the termination of this Lease or anx renewal teno thereof, or within thirty (30) days thereafter,
if LESSOR so directs, LESSEE shall promptly remove all such additions, improvements, alterations,
fixtures and instaJlations which were placed in, on or upon the Demised Premises by or on behalf of
LESSEE, and which are designated in said notice, and repair any damage occasioned to the Demised
Premises by such removal and in default thereof. LESSOR may complete said removals and repairs at
LESSEE'S expense.
ARTICLE 7.
Access to Demised Premises
LESSOR, its duly authorized agents, representatives and employees, shall have the right after
reasonable oral notice to LESSEE, to enter into and upon the Demised Premises or any part thereof at
aJl reasonable hours for the purpose of examining same and making repairs or janitorial service therein,
and for the purposes of inspection for compliance with provisions of this Lease Agreement.
ARTICLE 8.
Assignment and Subletting
LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the
Demised Premises, or to penoit any other persons, other than another County agency, to occupy same
without the prior expressed written consent of LESSOR. Any such assignment or subletting, even with
the consent of LESSOR, shall not relieve LESSEE from liability for payment of rent or other sums
herein provided or from the obligation to keep and be bound by the tenos, conditions and covenants of
this Lease. The acceptance of rent from any other person shall not be deemed to be a waiver of any of
the provisions of this Lease or to be a consent to the assignment of this Lease or subletting of the
Demised Premises.
ARTICLE 9.
Indemnity and Insurance
To the extent legally possible, the parties will continue the insurance arrangements in effect at
the time of the commencement of this Lease, adjusted only so far as necessary to account for their
change in legal position vis-à-vis.
ARTICLE 10.
Maintenance
LESSEE shall, at its sole cost and expense, keep the Demised Premises dean at all times. If
said Demised Premises are not kept clean in the opinion of LESSOR, LESSEE will be so advised in
writing. If corrective action is not taken within thirty (30) days of the receipt of such notice, LESSOR
will cause the same to be cleaned and corrected and LESSEE shan assume and pay all necessary
cleaning costs and such costs shall constitute additional rent which shall be paid by LESSEE within
thirty (30) days of receipt of written notice of costs inculTed by LESSOR.
2
Agenda Item No, 1602
May 11 , 2004
Page 4 of 6
ARTICLE 11.
Default
LESSEE shall, in no event, be charged with default in the perfonnance of any of its obligations
hereunder unless and until LESSEE shall have failed to perfOnll such obligations within thirty (30)
days (or such additional time as is reasonably required to conect such default) after notice to LESSEE
by LESSOR properly specifying wherein LESSEE has failed to perfonn any such obligations.
Failure of LESSEE to comply with ¡jny provision or covenant of this Lease shall constitute a
defauJt, LESSOR may. at its option, tenninate this Lease after sixty (60) days wrilten notice to
LESSEE, unless the default be cured within the notice peIiod (or such additional time as is reasonably
required to conect such defauJt).
LESSOR shall in no event be charged with defauit in the perfonnance of any of its obligations
hereunder unless and until LESSOR shaH have failed to perfonn such obligations within thirty (30)
days (or such additional time as is reasonably required to correct such default) after notice to LESSOR
by LESSEE properly spet:ifying wherein LESSOR has failed to perfonn any such obligations.
Failure of LESSOR to comply with any provision or covenant of this Lease shall constitute a
default. LESSEE may. at its option. terminate this Lease after sixty (60) days wrilten notice to
LESSOR, unless the default be cured within the notice period (or such additional time as is rcasonably
required to correct such default).
ARTICLE 12.
Notices
Any notice which LESSOR or LESSEE may be required to give to the other party shall be in
writing to the other party at the following addresses: '
LESSEE:
Board of County Commissioners
clo Real Property Mgmt. Dept.
3301 TatrUami Trail East
Administration Building
Naples, Florida 34112
LESSOR:
City of Naples
735 8th Street South
Naples, Florida 34102
Attention: City Attorney
cc:
Office of the County Altorney
ARTICLE 13.
Surrender of Premises
LESSEE covenants and agrees 10 deliver up and surrender to LESSOR possession of the Demised
Premises upon expiration of this Lease, or its earlier tennination, broom clean and in as good condition and
repair as the same shaH be at the commencement of the tenn of this Lease or may have been put by
LESSOR or LESSEE during the continuance thereof, ordinary wear and tear and damage by fire or the
elements beyond LESSEE'S control excepted.
ARTICLE 14.
General Provisions
LESSOR and LESSEE fully understand that the police and law enforcement security protection provided
by law enforcement agencies to the Demised Premises is limited to that provided to any other business or
agency situated in Collier County, and LESSOR acknowledges that any special security measures deemed
necessary for additional protection of the Demised Premises shaIJ he the sole responsibility and cost of
LESSEE and shall involve no cost or expense to LESSEE.
LESSEE expressly agrees for itself, its successor and assigns. to refrain from any use of the Demised
Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S
standard operations.
ARTICLE 15.
Radon Gas
In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the
folJowing:
Radon is a naturally occurring radioactive gas that, whcn it has accumulated in a building in sufficient
quantities, may present health risks to persons who are exposed toA~ffdͧl1tE!m~éjf I100~at exceed
May 11, 2004
Page 5 of 6
3
federal and state guidelines have been found in buildings in Florida. Additional information regarding
r'adon and radon testing may be obtained from your County Public Health Department.
_.
ARTICLE j 6.
Effective Date
This Lease Agreement shall become effective upon execution by both lESSOR and LESSEE.
ARTICLE 17.
Govel1ling Law
This Lease Agreement shall be governed and construed in accordance wilh the laws of the State of
Florida.
IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals.
AS TO HIE LESSEE: .
DATED:
BOARD OF COUNTY COMMISSIONERS,
COLLŒR COUNTY, FLORIDA
A TrEST:
DWIGHT E. BROCK, Clerk
BY:
Deputy Clerk
BY:
DONNA FIALA, Chairman
AS TO THE LESSOR:
DATED:
CITY OF NAPLES
A TrEST:
, Secretary
BY:
WILLIAM BARNETT, Mayor
WITNESS (signature)
print name
WITNESS (signature)
print name
..
Approved as 10 form and legal sufficiency:
~
Thomas C. Palmer
Assistant County Attorney
Agenda Item No. 1602
May 11, 2004
Page 6 of 6
4
EXECUTIVE SUMMARY
Approval of a Sovereign Submerged Lands Lease Renewal with the Board of Trustees of the
Internal Improvement Trust Fund of the State of Florida for continued use of the boat ramp
and docking facilities at Caxambas Park at a first year cost of $545.96.
OBJECTIVE: Secure Board of County Commissioners' approval and execution of the attached
Sovereign Submerged Lands Lease Renewal (Renewal) with the Board of Trustees of the Internal
Improvement Trust Fund of the State of Flolida (State) for continued use of a boat ramp and
docking facilities at Caxambas Park (Park) 10cated on Caxambas Pass at the south end of Marco
Is1and,
CONSIDERATIONS: In Aplil 1993, Collier County entered into a Sovereign Submerged Land
Lease with the State for 4,272 square feet of submerged land abutting the Park. This lease was
required in order to construct and operate a concrete boat ramp, a four-slip docking facility and a
marginal dock for launching and temporarily mooring recreational and Coast Guard Auxiliary
vessels at the Park.. The original tel111 of the Lease was for five-years and was renewed in Aplit
1998 for five additional years, The Lease expired April 6, 2003 and staff's request to renew the
Lease for five additional years was just processed by the State accounting for the delay in
presenting this item to the Board for approval.
-
This Renewal provides for extending the Lease through Aplil 6, 2008, Annual rent for the first year
of the Renewal was $545.96 increased to $559.06 the second [cunent] year. ll1ereafter, annual rent
will be adjusted pursuant to Section 18-21.011, Florida Administrative Code. The Stale will notify
the County annually of any lease fee increases. AJl other provisions in the Renewal remain the
same as in the existing Lease.
The Renewal has been reviewed and approved by the Parks & Recreation Department and the
County Attorney's Office.
FISCAL IMPACT: The annual rent for Fiscal Year 03/04 in the amount of $545,96, and the rent
for Fiscal Year 04/05 in the amount of $559.06, will be withdrawn from General Fund (00 I), Beach
and Water Parks.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners approve the attached
Sovereign Submerged Lands Lease Renewal and authorize ChaÌIman Fiala to execute the Renewal
on behalf of the Board,
---
Agenda Item No. 1603
May 11 2004
Page 1 of 15
'-"'--"-"""-" ,
.....""....,-".. ,
COLLIER COUNTY
nOi',¡:m OF COUNTY C(\MM:SS:(i~H:m;
Item Number
1603
Item Summary
;'\.P prC\"J I nf;:, Sovereign Submergecl Lac,,!,; Leas" Rpnewal vdn the fk:::rd c:
Trustees of the ¡:-,tern::;! Imw.)",erner't Trust Fw,(! d ¡he SUte: d Fhndé, fee
cont.nued use cf tne boat r"n'D an,] Öc>c!<.inç f"cl'ities "it Caxcncb"S Fa:k eit a
f;:'3; year cost of S549.96.
Meeting Date
5!11í20Q4 9.CC:OD .AM
Prepared B"
Mi(:r1ael H- Dowling
Prop~rty Man¡)gemen: Sp"ciaii"t
A.I.tmi,,¡,;tr,,¡¡ve Se,-."ic€"
Fad:it"", M5[1~;:¡ement
Appron'd By
Skip C;¡"'p. C.F.M.
Facilities Manðg~m(,ilt Director
Da('
Adminis:r<'.Uve SenlÍces
F3Cîliti~s M~"~!Jement
4!.21'2004 4:44 PM
Approvcd By'
ChMiss E. Cðrriogtoo, Jr., SRi
,VA
Real Estzte Services M3n¡:¡ge,
DB!e
Adminis:"'¡I"'~ S"",íces
facilities Marwgc-mc-nt
4125;20044:12 PM
Approwd By
Michze! t1. Dew!ing
Property Management Specl"!!s!
Oz!e
Administrative S€niÍŒs
facilities ManagNn~nt
4127/20041(140 AM
Approved By
MurÖo Smith
Sc-acl1 ;md "'hter S¡¡perin!end€n!
DBte
Public SF, ices
Parks and RBt:reation
41<7!2004 10',:,4 At"
Approwd By'
John O¡¡"",ick
Public Sap/ices Adm;nlst",;or
DB!e
Public S,,;,ices
Publir. SNvir.DS "',J",;".
4'27i20G4 1:2" PM
Approved By
Mada Ri1ms~y
Parks .& Recreatìon Director
DBte
Public ~>H"'IC€S
Parxs ;¡¡"j Recre~¡¡cn
4""i2004 .1:53 PM
Approwd By
P,1t l{,hnha,'(j
AJmi"istratiy~ Assistant
Date
Cou"ty Mðm1ger's Offiçe
Office of Management & Budget
4129;2004 10:48 AM
Appro,'ed By
Gary A. Vinc"nt
M3"ag~ment & Budget Analyst
Date
County M¡mager's Offiçe
Office of M¡magement & Budget
4129i2004 4:49 PM
Appro,'cd By
M¡ch~et Smykowski
Management &. Budget Dire<.;tor
Date
Count." Mðl13ger's Oftiçe
OWCfi of Management & Budget
4i30;2004 3;51 PM
ApprOHd By
James V. Mudd
County Manager
Date
Board of County
Commi5sionors
County Ma""ger's Office
5;3/20045:54 PM
Agenda Item No. 1603
May 11, 2004
Page 2 of 15
This Instrument Prepared By
Tra~y Mason
Recumng Revenue Section
Bureau of Public Land Administration
3900 Commonwealth Boulevard
"Mail Station No. ]25
Tallahassee, Florida 32399
BOARß OF TRUSTEES OF THE INTERNAL lMPROVEMENTTRUST FUND
OF THE STATE OF FLORIDA
SOVERE]GNTY SUBMERGED LANDS LEASE RENEW AI..
No. 110534215
PANo. 11-0]9]321-00]
lHIS LEASE is hereby issued by the Board of Trustees of the ]ntema] Improvement Trust Fund ofthe State of Florida,
hereinafter referred to as the Lessor.
WITNESSETH: That for and in consideration of payment of the annual lease fees here;nafter provided and the faithful
and timely performance of and compliance \Nith all terms and conditions stated herein, the Lessor does hereby lease to
Collier Coonty Floriß hereinafter referred to as the Lessee, the sovereign lands described as follows:
A parcel of sovereign submerged land in Section IQ.
TO"l1ship m2!!!h. Range 26 Ea~ in Caxarnbas Pass,
Collier County, containing 4,272 square feet,
more or less, as is more particularly described and shown
on Ntachment A, dated A¡)rjl ] 8 2oo2.
TO HAVE THE USE OF tbe bereinabove described premises from April 6 2oo3 the effective date oftlùs lease
renewal, through April 6 2oo8 the expiration date of this lease renewal. The terms and conditions on and for which this
lease renewal is granted are as follows:
I. USE OF PROPERTY' The Lessee is hereby authorized to operate a concrete boat ramp a 4-slip docki~ facility and
a mar~nal dock exclusively to be used for launclling and temporary mooring of recreational veSICls and a Coast Guard Auxiliary
~ in conjunction with an upland park. concessions and bait shOj) business. m fueling facilities, mth a sewage pumpout
facility if it meets the regulatory requirements of the Department of Environmental Protection or local authority, whichever entity
applies the more stringent criteria, and ~ liveaboards IIJ defined in paragraph 28, as shown and conditioned in Attachment
A, and the Department of Environ me nUll Protection, Noticed General Permit No 11-0191321-00] dated March 22 2002.
incorporated herein and made a pan oftlùs lease by reference. AU of the foregoing subject to the remaining conditions ofthis
LUSt.
2. LEASE FEES' The Lessee hereby agrees to pay 10 the Lessor an annualleasc fee ofS~ plus sales tax pursuant
to Sccúon 2] 2.03 I, Florida StatUtes, if applicable, within 30 days oftbe date of receipt ofthc: inw>ice. The annual fee for the
remaining years of the lease shall be adjusted pursuanlto provisions of Section ]8-21 0] I, Florida Administrative Code. The
Division of State Lands will notify the Lessee in writing of the amount and the: due dale of the annual payment The le¡ue fee
shall be remitted annually to the Division of Stale Lands as the agent fur the Lessor, beginning with the effective and due date of
this lease renewal, and each year tnereafteo- until the term of this lease ren""'811erminates or expires.
[02J
Agenda Item No. 1603
. May 11, 2004
Page 3 of 15
.,
.
3. WET SLIP RENT AL CERTIFICATION/SUPPLEMENT AL PAYMENT: The Lessee shall provide upon request
by the Lessor any and all information in a certified fonn needed to calculale the lease fee specified in paragraph cwo (2) above,
including the total amount of the gross receipts derived ITOm the rental of wet slips, if applicable. When six percent (6'Y.) of the
gross receipts derived fiom the renta) of wet slips exceed¡ the prorated base fee or minimum feo established pursuant to section
18-21.011, Florida Administrative Code, for any lease year during the term of this lease. the Lessor shaH send the Lessee a
supplemental invoice for the difference in the amounts for thai. lease year.
4. LATE FEE ASSESSMENTS The Lessee shaH pay alate charge equal to interest at the rate of twelve percent (12%)
per annum ITom the due date ur,:il paid on any lease fees due hereunder which are not paid within )0 days of their due dates.
5 EXAMINATION OF LESSEE'S RECORDS: For purposes ofthis lease renewal, the Lessor is hereby specificaHy
authorized and empowered to examine, for the term of this lease renewal including any extensions therelo plus three (3) additional
years, at all reasonable hours, the books, records. contracts. and other documents confirming and pertaining to the computation of
annual lease payments as specified in paragraph two (2) above
6. MAINTENANCE OF LESSEE'S RECORDS: The Lessee shall secure, maintain, and keep all records for the entire
term of this lease renewal, plus three (3) additional years. This period shall be extended for an additional two (2) years upon
request for examination of all records and accounts for !ease payment verification purposes by the Lessor.
7. AGREEMENT TO EXTENT OF J..!SE; This lease is given to the Lessee to use or occupy the leased premises only
for those activities specified herein and as conditioned by the Department of Envi{onmental Protection. Noticed General Penni!
The Lessee shall not change or add to the approved use of the leased premises as defined herein (e g., from commercial to muhi-
family residential, ITom temporary mooring to rental of wets lips, from rental of wets lips to contractual agreement with third pllI1y
for docking of cruise ships, from rental of recreaúonal pleasure craft 10 rental or temporary mooring of chllI1erltour boats, from
loading/offloading commercial to rental of wets lips, etc.), shall not change activities in any manner lhat may have an
environmental impact that was oot considered in the original authorization or regulatory permit, or shall not change the type of use
oflhe riparian uplands without first obtaining a regulatory permit/modified permit, if applicable, and the Lessor's written
authorization in the form of a modified lease, the payment of additional fees, if applicable, and, if applicable, the removal of any
structures which may no longer qualify for authorization under the modified lease.
8. PROPERTY RJGHTS The Lessee shall make no claim of lit Ie or interest to said lands hereinbefore described by
reason of the occupancy or use thereof. and all title and interest 10 said land hereinbefore desaibed is vested in the Lessor. The
Lessee is prohibited fiom including, or making any claim that purports to include. said lands delCribed or the Lessee's
leasehold interest in said lands into any form of private ownership, including but not limited to any form of condominium or
cooperative ownership. The Lessee is further prohibited from making any claim, including any advertisement, that said land, or
the use thereof, JtIJly be purchased, sold. or re-sold
9. INTEREST IN RIPARIAN UPLAND PROPERTY: During the tenn oflhis lease renewal, Ihe Lessee shall maintain
a leasehold or fee simple title interest in the riparian upland property and if such interest is terminated, the lease may be terminated
at the option of the Lessor. Prior to sale and/or termination of the Lessee's 1easehold or f~ simple title interest in the upland
property, Lessee shall inform any potentia) buyer or transferee of the Lessee's upland property interest of the existence of this
lease renewal and all ils terms and conditions and shaH complete and execute any documents required by the Lessor to effed an
assignment of this lease re~wal. if consented to by the Lessor. Failure to do so will not relieve the Lessee from responsibility for'
full compliance with the temu and conditions of this lease renewal which include, but are not limited to. payment of all fees
and/or penalty assessments incurred prior to such act
10. ASSIGNMENT OF LEASE RENEW AL This lease renewal shall not be assigned or otherwise transferred without
prior written consent of the Lessor or its duly authorized agent. Such assignment or other transi:r shall be subject to the terms,
conditions and provisions of management standards and applicable laws, rules and regulations ill effect at that time. Any
assignment or other transfer without prior written consent of the Lessor shall be null and void aIId without legal effect.
) I. INDEMNIFICATION/INVESTIGATION OF ALL CLAIMS: The Lessee shall investigate all claims of every
nature at its expense. Each palty is responsible for all personal injury and property damage attributable to the negligent adS or
omissions of that party and the officers, employees and agents thereof Nothing herein shall be construed as an indemnity or a
waiver of sovereign immunity enjoyed by any pllI1y hereto, as provided in Section 768.28, Florida Statutes, as amended from time
to time, or any other law providing limitations on claims.
Page 4 of II Pages
Sovereignty Submerged Lands Lease No. 110534215
Agenda Item No. 1603
May 11, 2004
Page 4 of 15
.' ,
. .
12. VENUE: Lessee waives venue as to any litigation arising from matters relating to this lease renewal and any such
litigation between Lessor and Lessee shall be initiated and maintained only in Leon County, Florida
13. NOllCESlCOMPLIANCEffERMJNA nON; The Lessee binds itself. its succeSJDrs and assigns, to abide by the
provisions and conGitions herein set fos1h. and said provisions and conditions shall be deemed oovenants of the Lessee, ils
successors and assigns. In the event the Lessee fails or refuses to comply wÎ1h the provisions and conditions herein set forth, or in
the even! the Lessee violates any oftbe pcovisioDs and conditions herein, or falls or refuses to comply with the provisions and
conditions herein set forth within 20 days of receipt of ¡he Lessor's notice to correct, this lease renewal may be terminated by the
Lessor upon thirty (30) days wrinen notice to Lessee If canceled, all of the above-{!escribed parcel of land shaJJ revert to the
Lessor. An costs and attorneys' fees incurred by the Lessor to enforce the provisions of this leale shall be paid by the Lessee. All
notices required to be given to the Lessee by this lease renewal or applicable law or administrative rules shall be sufficient if senl
by U.S. Mail to the following address'
Collier County
3301 Tamiami Trail East
Naples, Florida 34112
The Lessee shan notify the Lessor by c.ertified mail of any change to this address at least ten (10) days before the change is
effective .
14 TAXES AND ASSESSMENTS: The Lessee shall assume all responsibility for liabilities that accrue to the subjeèt
property or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind and
description which are now or may be hereafter lawfuJJy assessed and levied aga;nst the subject property during the effective
period ofthis lease renewal.
15. NUISANCES OR ILLEGAL OPERATlOtlS.; The Lessee shall nol permit the leased premises or any part thereof to
be used or occupied for any purpose or bus;ness other than herein specified unless such proposed use and occupancy are
consented to by the Lessor and the lease is modified accordingly, nor shall Lessee knowingly pemùt or suffer any nuisances or
illegal operations of any IOnd on the leased premises
16 MAINTENANCE OF FACILITY fRIGHT TO INSPECT The Lessee shall mainliUn the leased premises in good
condition, keeping the structures and equipment located thereon in a good state of repair in the interests of public health, safety
and welfare The leased premises shall be subject 10 inspec1ion by the Lessor or its designated agent at any reasonable ti me.
17. NON-DISCRIMINATION- The Lessee shall not discriminate against any individual because of that individual's
race, color, religion, sex, national origin, age, handiŒP, or marital status with respect to any activity occurring within the area
subject to this lease renewal or upon lands adjacent 10 and used as an adjunct of the leased area. During the lease lenn, the Lessee
shall post 8Jld maintain the placard furnished to the Lessee by the Lessor in a prominent and visible location on the leased
premises or adjacent business office of the Lessee It shall be the responsibility of the Lessee to post the placard in a manner
which will provide protection fTom the elements, and, in the event that said placard becomes illegible aI any time during the term
of this lease renewal (including any extens;ons the¡eof), to notify the Lessor in WTiting, so that a replacement may be provided.
18. ENFORCEMENT OF PROVlSJONS' No fa;!ure, or successive failures, on the plIt of the Lessor to enforce any
provision, nor any waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof or render
the S8II1e inoperative or impair the right of the Lessor to enforce the same upon any renewal thereof or in the event of subsequent
breach or breaches
19. PERMISSION GRANTED: Upon expiration or cancellation of this lease renewal all permission granted hereunder
shall cease and lerminale
Page ~ of 11 Pages
Sovereignty Submerged Lands Lease No. 110534lli
I
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I
L
Agenda Item No. 1603
May 11 2004
Page 5 of 15
"-
20" RENEW AI. PROVISIONS. Renewal of this lease sIWI be at the sole option of tile Lessor. Such renewal shall be
subjcá to the terms, oonditiona and provisions of management standards and applicable laws, rules and rcgulaIions in effect at that
time" In the event that Lessee is in full compliance with the terms of this lease renewal, the Lesaee may apply in writing fur a
renewal. Such application for renewal must be received by Lessor no sooner than 120 days and no later than 30 days prior to the
expiration date of the original or current term hereof. The tenn of any renewal granted by the Lessor shall conunence on the last
day oftile previous lease tenn. If the Lessee fails to timely apply for a renewal, or in the event the Lessor does not grant a
renewal, the Lessee shall vacate the lcued premises and remo'/e all structures and equipment oocupying and erected thereon at its
expense. The obligation to remove all structures authorized herein upon termination of this 1- renewal shall constitute an
affirmarive covenant upon the rþ>arian upland property more specifically desaibed in AttachmCllt ð. which shall run with the title
to said riparian upland property, and shall be binding upon Lessee and Lessee's sliccessors in title or successors in interest.
21. REMO V AI. OF STR U C11JRE SI AD MINISTRA TIVE FINES: I f the Lessee doe8 not remove said structures and
equipment occupying and cncu:d upon the leased premises after expiration or cance1lation oftbis lease renewal, such struaIIrea
and equipment will he deemed frnfeited to the Lessor, and the Lessor may authorize removal and may sell such fo1feited
strUCtureS and equipment after ten (10) days written notice by ca1Ìfied mail addressed to the Lessee at the address specified in
Paragraph 13 or at such address on record as provided to the Lessor by the Lessee. However, such remedy shall be in addition to
all otha- remedies available 10 the Lessor under applicable laws, rules and regulations including the right to compel removal of all
structures and the right to impose administrative fines
22. REMOV AI. COSTSILIEN ON RIPARIAN UPLAND PROPERlY Any costs iDCWTed by the Lessor in the
removal of any structures and equipment constructed or maintained on state lands. shall be paid by the Lessee and any unpaid cósts
and expenses sball constitute a lien upon the inlet"est ofthe Lessee in its riparian upland property enforceable in summary
proceedings as provided by law.
23. RECORDATION OF LEASE. The Lessee, at its own expense, sball record this fully executed lease renewal in its
entirety in the public records of the county within which tbe lease site is located within fowteen (14) days after receipt, and shall
provide to the Lessor within ten (10) days following the recordation a copy ofthe recorded lease in its entirdy which contains tbe
O.R. book and pages at which the lease is recorded.
24" RIPARIAN RIGlITSlFINAL ADJUDICATION. In the event that any part of any stru<:ture authorized bereunder is
detes-mined by a final adjudiC81ion issued by a court of competent jurisdiction to encroach on or interfere with adjacent riparian
rights, Lessee agrees to either obtain written consent for the offending structure fTom the affcálld riparian owner or to remove the
interfet"ence or encroachment within 60 days ITom the date of the adjudication. Failure to compty witb this paragrapb shall
consUMe a material breach ofthis lease renewal agreement and shall be grounds for immediate termination of this lease renewal
agreement at the option of the Lessor"
25. AMENDMENTSIMODIFICATIONS. Thìslease renewal is the entire and only aareement between the parties. 115
provisions are IlOl severable. Any amendment or modification to this lease renewal must be in writing, must be accepted,
acknowledged and executed by the Lessee and Lessor, and must comply with the rules and statules in existence at the time of the
execution of the modification or amendment Notwithstanding the provisions of this paragraph, if mooring is authorized by this
lease, the Lessee may install boatlifts within the leased premises without furma1 modification of the lease provided that (a) the
Lessee obtains any state or local regulatory pernút that may be required; and (b) the location or IÌZe of the lift does not increase
the mooring capacity of the facility.
Page ~ of 11 Pages
Sovereignty Submerged Lands Lease No. 110534215
Agenda Item No. 1603
May 11, 2004
Page 6 of 15
l
",." "
" - '.' c;"", :'.'" " ',".." .)
26. ADVERTISEMENT/SIGNSJNON- WATER DEPENDENT ACTIVITIES/ ADDmONAL ACfIVITlESlMINOR
STRUCTURAL REF AIRS: No permanent or temporary signs dicecled to the boating public aðvertising the sale of alcoholic
beverages shan be erected or placed within the leased area. No restaurant or dining activities are to oa:ur within the leased area.
The Lessee shaD ensure that DO pcnnaneot, temporary or floating structures, fences, docks, pilings or any structures whose use is
not water-depcDdent shall be erected or conducted over sovereignty submerged lands without prior written COnseÆ ftom the
Les3or. No additional structures and/or activities including dredgin& relocation/realignment or major repairs or renovations to
authorized SUUctUreI, shall be erected or conducted on or over sovereignty, submerged lands without prior written consent from
the Lessor. Unless specifically autborized in wriúng by the Lessor. such activities or structures shall be coosidered Wlauthorized
and a violation of Cbaptec 253. Florida Statutes, and shall subject the Lessee to adoúnistntive fines under Chapter 18-14, Florida
Adnùnistrative Code. This co..1ütion docs not apply to minor structural repairs required to maiøtain the authorized structures in a
good stale of repair in the interests of public health, safety or welfare; provided, however. that such activities shall not exceed the
activities authorized by this agreement.
27. COMPUANCE WITH FLORIDA LAWS: On or in conjundion with the U.!IC of the leased premise!, the Lessee
shall at all times comply with all Florida Statutes and all administrative rules promulgated thereunder. Any unlawful activity
which occurs on the leased premises or in conjunction with the use of the leased premises shall be grounds for the tennination of
thU lease by the Lessor.
211. LIVEABOARDS: The term 'Iiveaboard' is defined 85 a vessel docked at the facility and inhabited by a person or
persons for any five (5) consecutive days or a tota! of ten (10) days within a thirty (3D) day period. If livcaboards are
authorized by paragraph one (I) of this lease. in DO event shall such "liveaboard," status exceed six (6) months within any ,
tWelve (12) month period, nor shall any such vessel constitute a legal or primary residence.
29. GAMBLING VESSELS: During the term of this lease and any renewals, extensions. modificaùons or assignments
thereof, Lessee shaD prohibit the operation of or entry OlIto the leased premises of gambling auise ships. or vessels that are used
principally for the purpose of gamblin& when these vessels are engaged in "cruises to nowhere, W where the ships leave and return
to the state of Florida without an intervening stop within another state or foreign country or waters within the jurisdiction of
another SUle or foreign country. and any wateraaft used to carry passengers to and !Tom such gambling auise ships.
Page ~ of 11 Pages
Sovereignty Submer-ged Lands Lease No J 10534215
Agenda Item No. 1603
May 11, 2004
Page 7 of 15
30. SPECIAL LEASE CONDmONS'
A. Lessee shall maintain for the term of this lease: and any subsequent renewal periods the man8ltcc informational display and
manatee awareocss signs.
B. Waterborne vem's moored at the SO-foot long marginal dock, on either a temporary or pennanent basis, shall not exceed the
5~foot long marginai dock len8lh as shown in Attachment A oflhe lease. These vessels shall be moored parallel to the marginal
dock.
C. The Lessee shall comply with the tòllowing manatee protection construction conditions:
I. The Lessee shall instNCt all penonnel associated with the project of the potential presence of manatees and the need to
avoid collisions with manatees. All construction personnel are res¡¡onsible fur monitorinll water-related activities to
determine the Oresetlcc of manatees
2. The Lessee shall advise all construction personnel that there are civil and criminal penalties for harming. harassing. or
killing manatees which are protected undec the Marine Mammal Protection Act of 1972, The Endangeced Species Act of
1973, and the Florida Manatee Sanctuary Act;
3. Turbidity barriers shall be made of material in which manatees cannot beoome entangled, properly secured. and regularly
monitored to avoid manatee entrapment. Barrien must not block manatvc entry to or exit ITom essential habitat.
4. All vessels associated with the conSUUction project shall operate at "no wake/idle" speeds at all times while in the
conmuctioo area and while in water whece the draft of the vessel provides less that a /bur foot clearance Irorn the
bottom All vessels will follow routes of deep water whenever possible.
5.
If manatees are seen within 100 yards of the active construction/dredging operation or vessel movement, all appropriate
precautions shall be implemented to ensure protection of the manatee, These precautions shall include tho operation of
all moving equipmeot DO closer than 50 feet of a manatee. Any equipment closer than 50 feet of a manatee must
immediately cease operation. Activities will not resume until the manatees has departed the project area of its own
volition.
6
Any coUision with or injury to a manatee shall be reported immediately to the Florida Fish and Wildlife Conservation
Commission's Hotline at 1-888-404-FWCC. Collision Of" injury should also be reported to the u.S. Fish and Wildlife
Service in Jacksonville (1-904-232-2580) for nonh Florida or Vera Beach (1-561-562.3909 for south Florida.
7.
Temporary signs coocerning manatees shall be posted prioc to aDd during all construclion/drcdging activities. All signs
shall be removed by the Lessee upon compJction of the project. A sign measuring at 3 ft. by 4 1\. which read "Caution:
Manatee Area" rrost be posted in a location promincntJy visible to watec related constrUction crews, A second sign must
be posted ¡fvessels are associated with the corultnJction, and must be visible to the vesel operator. The second sign
must be at least 8 W' by II" which reads "Caution: Manatee Habitat. Idle speed is required if opcnIIing . vessel in the
co~n arc. Any equipment closer than 50 feet of a lTWIatee must immediately cease operation. Any collision or
injury to a manatee sball be reported immediately 10 the Florida Fish and Wildlife CoDSefVation Commission's Hotline at
1-388-404-FWCC (1-888-404-3922)."
Page § of 11 Pages
Sovcccignty Submerged Lands Lease No. 110534215
I
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Agenda Item No, 1603
May 11, 2004
Page 8 of 15
.'.".
'"
, .,
WITNESSES
BOARD OF TRUSTEES OF TIlE INTERNAL
IMPROVEMENT TRUST FUND OF THE ST ATE
OF FLORIDA
Original Signature
(SEAL)
BY:
Dale Adams. Opcrationa and Management Consultant
Manager, Bureau of Public Laad Administration,
Divisioo of Slate Lands, Department of Environmental
Protection, as agent for and 00 behalf of the Board ofTJUSlees of
the Internal Improvement Trust Fund of the State of Florida
PrinllType Name ofWitne:lS
Original Signature
PrinllType Name of Witrless
"LESSOR"
STAlE OF FLORIDA
COUNTY OF LEON
The foregoing instrument was acknowledged before me Ims - day of , 20 ~ by
Dale Adams. Clperillions and MlUWlement ConsuJtant Manaser Bureau of Public Land Administratioll Division of State Lands..
DeD&l1ment of Environmental Protectioll as aszent for and on behalf of the Board of Trustees of lhe Internal ImDrovement Trust
Fund oflhe State of Florida. He is personally known to me.
APPROVED AS TO FORM AND LEGALITY:
Notary Public, State of Florida
DEP Attorney
Printed, Typed or Stamped Name
My Commission Expires:
Commi3sionlSeriai No
WITNESSES:
Collier CnuNv Florida
By its Board of County Commissioners
(SEAL)
Original Signature
BY:
Original Signature ofExeculi~ Authority
Donna Fiala
TypedlPrintcd Name ofE"ecuting Authority
TypedlPrinted Name of Witness
Chairman
Title of Executing Authority
Ori gi naI S ì gnature
TypedlPrinted Name of Witness
~LESSEE~
STATE OF
COUNTY OF
The foregoing inslnJmeot was acknowledged befure me this day of 20~ by
Donna Ftala as ~ for and on beha1f of the Board of County CommiS3ioRa"S of Coma- COWIN Florida. She is pcnonaIJy
known 10 me or who has proWccd as idemificatioll
My Commission Expires:
Nowy Public, State of
Commission/Serial No.
Printed, Typed or Stamped Name
Page Z of U Pages
Sovereignty Submerged Land Lease No. 110534215
. Aglli\Q~JW.ijl No. 1603
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SSLL No. 110534215
.
DESCRIPTION OF SUBMERGED LEASE
A PARCEl OF LAND IN THE WATERS Of CAXAMBAS PASS ADJOINING
"TRACT 8B., MARCO BEACH UNIT 10, AS RECORDED IN THE PUBUC
RECORDS OF COWER COUNTY, FLORIDA IN PLAT BOOK 6, PAGES
74 THRU 79, INCLUSIVE, IN SECilON 20, TOWNSHIP 52 SOUll-l
RANGE 26 EAST. AND BEING MORE PARilCULARL Y DESCRIPED AS
FOLLOWS:
COMMENCING AT THE SOUll-lWEST CORNER Of "TRACT -8- AS
SHOWN ON THE PLAT OF MARCO BEACH UNIT 10, PLAT BOOK
6, PAGES 74 THRU 79, INduSiVE. AS RECORDED IN THE
PUBUC RECORDS OF COWER COUNTY, FLORIDA, THENCE
ALONG THE SOUTHERN BOUNDARY OF "TRACT -B- SOUTH 72'
21' 25- EAST, FOR A DISTANCE OF 300 FEET; THENCE CONTINUING
ALONG THE SOUTHERN BOUNDARY NORTH 65' 22' 17- EAST,
FOR A DISTANCE OF 212.44 FEET TO A DRILLED HOLE IN THE
SEAWALL; 1HENCE ALONG SAID SEAWALL DUE EAST FOR A
DISTANCE OF 54 FEET TO THE POINT OF BEGINNING OF THE LEASE
AREA DESCRIBED AS FOLLOWS; THENCE CONTINUING ALONG SAID
SEAWALL DUE EAST FOR A DISTANCE OF 147 FEET; THENCE LEAVING
SAID SEAWALL AND OVER THE WATERS OF CAXAMBAS PASS FOR
FIVE CALLS, DUE SOUTH FOR A DISTANCE OF 40 FEET; THENCE DUE
WEST FOR A DISTANCE OF ao FEET; THENCE DUE NORTH FOR A
DISTANCE OF 24 FEET; THENCE DUE WEST FOR A DISTANCE OF
67 FEET; THENCE DUE NORTH FOR A DISTANCE OF 16 FEET
TO THE POINT OF BEGINNING, CONTAINING 4,272 SQUARE FEET.
NOTES:
. MEAN HIGH WA 1ER FALLS ON FACE OF SEA WALL
. TOTAL SHORE LINE LENGTH IS 357 FEET
. PER DOUG THOMPSON on 1-8-02
. MHW = +1.7
. NGVO = 0.0
. MLW = -0.6
. NORTHERN SHORELINE IS OVER 1,000 FEET OF SEAWALL
. SOUTHERN SHOREUNE IS OVER 1,000 FEET OF SEAWALL
. BEARINGS BASED ON CENTERUNE OF COWER COURT
AS RECORDED ON PLAT
CERTIFICA nON
I HEREBY CERTIFY THIS SPECIFIC PURPOSE SURVEY WAS MADE OF THE PROPERTY
DESCRIBED HEREON UNDER MY SUPERVISION AND IS A REPRESENTATION THEREOF,
I FUTHER CERTIFY THAT THIS SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS
AS SET FORTH BY THE FLORIDA BOARD OF LAND SURVEYORS PUR~UANT TO
ADMINSTRATIVE CODE CHAPTER 61G17 AND SECTION 432.027 OF mE FLORIDA STATln
~V
COLU~R COUNTY GOVERNMENT
TRANSPORTATION DEPARTMENT
2675 soum HORSESHOE DRIVE
NAPLES, FL 34104
PHONE (941) 774-8192
PROPOSED LEASF
Agenda Item No. ffJè~
C~lllF~~OUN
CÁXÂMBAS P AF
PROFESSIONAL SURVEYOR AND MAPPER
GEORGE R. RICHMOND, PLS 2406
NOT YAUD ""'THooT 'THE SIGNA ì\JRE AND 'THE ORIGINAl RAISED SEAl
OF A FLORIDA UCENSEO SURVEYOR AND MAPPER '
,\ltad'ß.rnl A
Pag..2 or 11 Pagrs
SSLL No. 110534215
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PROPOSED DOCK
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r~o;. - - (;7:- - - - --¡ J\~", M~ I EXISTING
0, L:...j >- '" L.A
- I:.::.j ",U [:.'.:1 ~EJ\SE AREA
PROPOSE a ~ I 1....:.........:.....\ ;;;8 1:.:.::.:.::..:"1. V ~O' x 80'
LEASE AREA Nit :..¡ U [":':1 I
16' x 67' LA 1.';:'1
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TOT AL LEASE
AREA = 4,27ΠSF
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PROPQSEDLEASEAREA
FOR
COLLIER COUNTY
CAXAMBASPARK
Page 12 of 15
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S-'I.I,No IIO!<HlI;
DESCRIPTION Of" SU8iAERCED LEASE
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SPECIFIC PURPOSE SURVEY
,",c"", "', '- S2 ""'1M. ....... " u.sr
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A PARCO. OF""'" .. 1>« ..."". OF """"""AS PASS ""....-
TRACT Y. """"'" -- UIOT '0, AS RECOOt><D .. "'" .......,
REcatOS OF """"" ca.MY. "-"'"IA .. "'-A' '""'" ,. p...,
74 """ 10. ~ II ....- "" .- " SCVT>I
"^"'" ,. u.sr. ..., ..... "'"'" ...~, 0ßCRftD AS
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""""""'" A' 1>« SCIJTInCJ """""" OF TRACT ..' AS
".,... ON THE ....., OF IWICO IIVoO< ....T 10, ....., '""'"
'. PAGES 74 """ 10. INCWSM. AS "COOt><D .. 1>«
"""'" ..- OF COWÐt COUNTY. f"UØIA. """'"
AU>NO "" -- - OF TRACT ... SI>.ITH 7"l"
ro' ... LOST. - . -""Œ OF ""'.....: JI<Ы:r --
...- 1>« --""'fT""-'" ," EMf,
rOlt . DlSTAHŒ OF 212.44 FttT 10 . -.m HOI.£ .. ...
........, '"""'" ...... SAIl ......... DUE EAST rOOt A
DIS"J""'" OF 54 ",T 10 1H[ POOH OF ..- OF 1><[ lLA$[
....... ~ASF"OU."",,,JIÐIŒ~Al""'SAIO
.......... DUE u.sr"", A DlSTAIIC( OF 147 ItZT'. TIЫX lLA-
..... ......... ..., ..... 1H[ "'1UI$ OF "'"""""'" PASS rOOt
1M c.o.u..s. DUE """" rOlt . COST""'" OF .. I"ŒT: """'" DUE
OUT JOlt A DIST ""'" OF eo ItZT'. nøa: DUE - II< JOlt A
DIST""'" OF %,.....; nЌ DUE II[ST ..... A OIST""'" OF
57 n", '"""'" DUE """'" "'" A ClSTAHCt OF " om
TO "'" I'QI<' OF "-' CQNT- '.>7"2 scou- om
CQlJ[R COUHTY
CAXAUBAS PARK
O,R, BOOK 615 PAGES 1906-1909
"'ACT B
UNIT 'O
"'ARCO BEACH
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. ""'- - '" ..... 1.000 om OF ""'.AU.
. ........ ...." "" C"""'"" OF cou.o ""'"'"
ASII[~ON"""
CERTlF1(;A TlON
1 HEREBY crnWY THIS sPECIflC PURPosE SUO\IEY "AS WADE ar niE ""Of'EOTY
DESCRl8ED ><VIE"" UNOEI! Wy SI.JPOI""""" AND IS A R£F'RESEN7.""" THERref'.
I FUTHER CERTIN THAT THIS SUO\IEY W(£1S 1>!E """""" TEONeAl STANDARDS
AS SET ""'TH BY 1HE 1L""'DA BOAAD ar L<IÐ SUO"'YOOS "'-""'ANT TO
"","",ST!!A""" COO£ CHAPTER .'G1!JCTlON 432.027 ar THE 1L""'0' STA1Im$.
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PR<J1t:SSIOHAL SI.>O\М AND w.......
G<ORGE .. "CHVONO. Pt.S 2<06
D.E.P. - South ~
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TOAN5POIHA""" DEPARNEHT
257S SOUTH HORS£SHDE DRIVE
"AP\.ES. 1L 3<'04
- eM') 774-!'92
PROPOSEOLEASEAREA
FOR
COLLIER COUNTY
CAXAMBAS PARK
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LEASE AREA DETAil
Agenda Item No. 1603
May 11, 2004
Page 13 of 15
,-
00839775
CO'..:'d::P. COUNTY
1983 NO" I PI! 2: l¡ 2
REl..vI ,~¿¡;;ARBANTT DßBD
This Instrument prepared by:
WILLIAM I. L" ---'-"TON. Esq.
3250 S. W, Avenue
MiamI: Florida J¡¡139
-
--
TRIS INDENTURE, made this
.2.ø
day of October, 1983,
a Delaware corporation,
A.D.,
between TBE DELTONA CORPORATION,
lawfully authorized to transact business in the State of Florida,
a c::>
:::0 <::->
to -
C) c::>
C) .po
:;:0; c..o
par ty of
the
first part,
and COLLIER COUNTY,
a political
subdivision of the State of Florida, whose mailing address is
Collier County Courthouse, Naples, florida, 339.2, the party of
the second part.
WIT R B SSE T B
That the party of the first part, for and in consideration
c::>
c::>
" c::::Þ
]> u:>
~.....
of
tbe BU. of TEN DOLLARS AND OTHER GOOD AND VALUABLE
CONSIDERATION, to it in hand paid by the said party of the second
part,
the receipt whereof. is hereby acknowledged,
has granted,
bargained and sold to the said party of the second part, its'
,
succe8L~'s and assigns forever, the following described land
situate, lying
and being in the County of Collier and State of
Florida, to-wit:
THAT PART OF;
TRACT -B- OF MARCO BEACH UNIT TEN, according
to the plat thereof, as recorded in Plat Book
6, Pages 74 through 79 in~lu8ive of the Public
Recoras of Collier County, Florida and being
more particularly described as fo110wsl
B!'.GIN the '>outbvest corner of said Tract -B.
for the POINT OF BBGINNING of the parcel of
land bereinafter described, said point being
on the Easterly right-of-way line of ColI ler
Court, as shown on said plat of Marco Beach
Unit Ten, run thence N17838'34-S along said
Easterly right-of-way line for a distance of
326.58 feet, thence leaving said Easterly
right-ot-way line, 872821'26-£ for a distance
of 706.21 feet to a point on the Easterly
boundary of said Tract -B-, thence S1282S'OO.W
along said Easterly boundary for a distaace of
102.58 feet to the Soatheast corner thereof;
thenc. run the following courses along the
Southerly boundary of said Tract 8B-, West for
a distance of 269.00 feetJ then S6S.21'17-W
for a - distance of 212.44 feet; thence
N72.21'2S-W tor a distance of 300.00 feet to
the Point at Beginning.
Containing 4.00 acres, more or le8S.
Tbla (teed is eaecuted subject to the following terMS and
C'ond1t1onfli
h
Ad valoretll taxes and all assess\llents, if any, for the
year of 1983.
RE-
2.
Existing zoning and all easements, restrictions and
reservations of record.
Agenda Item No, 1603
May 11, 2004
Page 14 of 15
JAÞ
O.E.P. -
A"achmtnl 8
Page 11 or 1! Pages
SSLL No, 11053..215
.'
3.
I
"
It is a co~- -tion of this conveyance that the ~. ¿erty
herein describe~ b~ used only as a boat launching area
to provide public access to adjacent navigable waters-
In the event the party of the second, it successors or
assigns fail to use the property herein described a
boat launching area, then in that event,. the party of
the first part may at anytime during the next twenty
(20) years, re-enter and retake the property herein'
described.
C> ~
::Q .-::>
~~
0 .-
:;:0;: (.0
And the said party of the first part, does hereby fully
warrant the title to said land, and will defend the same against
the lawful claias of all persons who~soever.
IN WITNESS WHEREOP, the said party of the firsl part has
caused these presents to be signed in its name by its authorized
officers and its corporate seal to be affixed the and year above CJ
written. ., t::)
",:;' " -0 c:>
""':~~~~',:'l,, X> (.0
THE DELTONA CORPORA'i¡ßÑ.':':'<'~r-.'" ~ oF'
By)~~!'~~~'~~,J ~
F . MACKLE, III" ~';i"~- ,>,:::- ,
~.',.":"'"
'.TTES;;- ~...
~GA IS
Corporate Secretary
Signed, sealed and delivered in
the presence ofr
~'-'>~:~ ~~
SJ~ flI, y.J~
STATE OF FLORIDA
COUNTY OF DADE
I HEREBY CERTIPY, that on this :25!l=- day of October, 1983
before me personally appeared FRANK E. HACKLE, III and MICHELLE
R. GARBIS, President and Corporate Secretary respectively, of THE
DELTONA CORPORATION, a corporation under the laws of the State fo
Delaware, authorized to transact business in t!1e State of
Florida, to me known to be the persons who signed the foregoing
instrument as such officera had ::.citno\:'ledged the execution
thereof t~ be their free acts and deeds as such officers for the
uses and purposes therein aentioned and that they affixed thereto
the official seal of said corporation, and that said instrument
is the act and deed of said corporation.
.
WITNESS my hand and official seal at Miami, in the County 9f
Dade and State of Florida, the day and :zeat last aforesaid- ,';;.t'
My Commission Expires:
~A1Y r\JII.lC STArt 01 flOI:DA "T!AIa
Mt COMMISSIa. WIllS AUC IS J9U
~ tHIU ûl><'¡1oI. INS . Ut<ÐttWIITW
Received $ . 45
Dor.umentory Stamp Tax
Collier County, Florida
William j, Reogon, Clerk
~ c.-m~ D_c.
'RE~
JA.~
D.EJ:.. -.
--\ttachmtnt ß
Pagt l! or l! Pagu
SSLL No, 110534215
Agenda Ite~_~
McfY1~~
Page 15 of 15
I
,-"
EXECUTIVE SUMMARY
Approve a First Amendment to Lease Agreement with New York NewCo Subsidiary, Inc., for
a communications tower at Veterans Park.
OBJECTIVE: Secure Board of County Commissioners' (Board) approval and execution of the
attached First Amendment to Lease Agreement with New York NewCo Subsidiary, Inc., for the
purpose of revising the location of the electric utility easement indicated on Exhibit "A" to the
original Lease Agreement.
CONSIDERATIONS: On June 10,2003, the Board approved a Lease Agreement with New York
NewCo Subsidiary, lnc, (Tenant) for approximately 1,300 square feet of vacant property, plus
utility and access easements, at Veterans Park on Immokalee Road for the construction and
operation of a communications tower.
The Tenant has determined that the utility easement location provided for in the original Lease
Agreement does not provide the most practical or economical means for providing electric service
to the tower site. The Tenant is, therefore, requesting that an alternate location be approved and
Exhibit "A" to the original Lease Agreement be revised accordingly.
~
The County Attorney's Office and Parks & Recreation Department have reviewed and approved the
attached First Amendment to Lease Agreement.
FISCAL IMPACT: None,
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners approve the attached First
Amendment to Lease Agreement with New York NewCo Subsidiary, Inc" and authorize Chairman
Fiala to execute the First Amendment on behalf of the Board.
,......
Agenda Item No. 1604
May 11, 2004
Page 1 of 4
-- ,._,--,,--, ,
"","",....-.".,.,
'.."",-,,,--
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
1604
Item Summary
.Approve a First Amendment to lease Agreement with New York NewCo
Subsidiary, Inc. for a commication tower at Veterans Park.
Meeting Date
5111120049:00:00 AM
Prepared By
Michael H. Dowling
Property Management Specialist
Administrative Services
Facilities Management
Approved By
Skip Camp, C.F.M.
Facilities Management Director
Date
Administrative Services
Facilities Management
4/21/20043:42 PM
Approved By
Charles E. Carrington, Jr., SRI
WA
Real Estate Services Manager
Date
Administrative Services
Facilities Management
4122120048:35 AM
Approved By
Michael H. Dowling
Property Management Specialist
Date
Administrative Services
Facilities Management
4/27120049:19 AM
Approved By
Marla Ramsey
Parks & Recreation Director
Date
Public Services
Parks and Recreation
4/28/20044:31 PM
Approved By
John Dunnuck
Public Services Administrator
Date
Public Services
Public Services Admin.
5/3/2004 1 :07 PM
Approved By
Gary A. Vincent
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
5/4120049:46 AM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
514120041:15 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
5/4/2004 1 :42 PM
Agenda Item No. 1604
May 11, 2004
Page 2 of 4
Lease # 899
FIRST AMENDMENT TO LEASE AGREEMENT
TIllS FIRST AMENDMENT TO LEASE AGREEMENT entered into this - day of
2004, at Naples, Collier County, Florida by and between New York NewCo Subsidiary, Inc., a Delaware
corporation authorized to do business in the State of Florida and whose mailing address is One Allied Drive,
Little Rock, Arkansas 72202, hereinafter referred to as "LESSEE", and Collier County, a political subdivision
of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter
referred to as "LESSOR".
WITNESSETH
WHEREAS, the lESSEE and lESSOR have previously entered into a Lease Agreement ("Lease Agreement")
dated June 10, 2003; ,
WHEREAS, the LESSEE and lESSOR are desirous of amending Exhibit "A" to that Lease Agreement; and
NOW, THEREFORE, in consideration of the covenants and agreements provided within the said Lease
Agreement dated June 10, 2003 and Ten Dollars ($10.00) and other valuable consideration, the Lease
Agreement is hereby amended as follows:
1. The Exhibit "A" originally attached to the Lease is hereby deleted and the attached Exhibit "A" dated
February 19, 2004 is hereby substituted in its place: This revises the boundaries of the access easement, /
2. Except as expressly provided herein, the Lease Agreement remains in full force and effect according to
the terms and conditions contained therein, and said terms a conditions are applicable hereto except as expressly
provided otherwise herein.
IN WITNESS WHEREOF, the LESSEE and LESSOR have hereto executed this First Amendment
to Lease Agreement the day and year first above written.
NEW YORK NEWCO SUBSIDIARY, INC.
Witness ( ignature)
it I'ldSP-'J L Cra<.e
(print nam )
~"ff
t I V'o¥
(print name)
AS TO THE LESSOR:
DA TED:
BOARD OF COUNTY COMMISSIONERS,
COlLIER COUNTY, FLORIDA
ATfEST:
DWIGIITE. BROCK, Clerk
BY:
DONNA FIALA, Chairman
BY:
, Deputy Clerk
f1
Agenda Item No, 1604
May 11, 2004
Page 3 of 4
Thomas C. Palmer, Assistant County Attorney
Exhibit "A"
---------
February 19,
2004
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0CI<0Ø1) AS I'OWJWS<
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Agenda Item No, 1604
May 11, 2004
Page 4 of 4
.~-_.
c.-.
EXECUTIVE SUMMARY
Approve a Budget Amendment appropriating $67,987 from the Emergency Medical
Services Fund 490 Reserves to cover attorney fees and court reporting costs
associated with contract negotiations.
OBJECTIVE:
(490) Reserves.
To approve a budget amendment appropriating $67,987 of EMS Fund
CONSIDERATIONS: The Emergency Medical Services Department is seeking board
approval of a budget amendment to appropriate EMS Fund (490) Reserves to pay for
Attorney fees and Court Reporting costs resulting from the recent Union negotiations. In
FY 2000, all cost associated with the negotiations of the Union contract were the
responsibility of the County Attorney's Fund and cost center, therefore these costs were
not budgeted in the EMS Fund (490) FY 04 budget. A budget amendment is required to
appropriate these funds from EMS Fund (490) Reserves.
FISCAL IMPACT: Emergency Medical Services Fund (490) Reserves will be reduced
$67,987, leaving a balance of $592,333.
._C
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners approve the
budget amendment appropriating EMS Fund (490) Reserves in the amount of $67,987.
,-..
Agenda Item No. 1605
May 11, 2004
Page 1 of 2
""'--"
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,.."",...." "
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
1605
Item Summary
Approve a Budget Amendment appropriating $67,987 from the Emergency
Medical Services Fund 490 Reserves to reimburse Fund 490-144610 for
attorney fees and court reporting costs associated with contract negotiations.
Meeting Date
5111/20049:00:00 AM
Prepared By
Lugene Hamilton
Fiscal Technician
Public Services
EMS
Approved By
Jeff Page
EMS Director
Date
Public Services
EMS
4/29/2004 3:52 PM
Approved By
John Dunnuck
Public Services Administrator
Date
Public Services
Public Services Admin.
513/20041:28 PM
Approved By
Gary A. Vincent
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
514/2004 1 :42 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
5/4/2004 2:06 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
5/4/2004 3:58 PM
Agenda Item No. 1605
May 11, 2004
Page 2 of 2
,_.
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners discussion of
amending Collier County COPCN Ordinance 2004-12 be continued to the
June 22, 2004 BCC meeting.
OBJECTIVE: To provide better protection for the health, safety and welfare of the
residents of Collier County by allowing the Emergency Services Advisory Council to
hold a workshop on the issuance of a COPCN to private providers and report back to the
Board at their June 22, 2004 BCC meeting.
CONSIDERATIONS: In the BCC meeting of April 13, 2004, Kurt Potter brought a
Public Petition before the Board of County Commissioners to discuss amending Collier
County COPCN Ordinance 2004-12 to allow for a private provider to obtain a COPCN
for non-emergency transports within Collier County, The Board had asked that this item
frnt be reviewed by the County's EMS Advisory Council and agreed to place this on the
May 11,2004 BCC Agenda for further discussion.
0'-
At a meeting held on April 28, 2004, Mr. Potter, representing Med-Assure, was joined by
representatives of Superior Ambulance in petitioning the Council on amending the
COPCN Ordinance. Additionally, staff has received c(mespondence from a tJÜrd private
provider expressing interest in the same.
After hearing from both agencies on this issue, the EMS Advisory Council unanimously
voted in favor of requesting that the Board of County Commissioners allow their Council
the ability to conduct a workshop and report back to the Board at a later date.
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary.
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners discussion of
amending Collier County COPCN Ordinance 2004-12 be continued to the June 22, 2004
BCC meeting.
,-.,
Agenda Item No. 1606
May 11 , 2004
Page 1 of 3
0 '" 0 ,..,_. 000'
_"'.'000,_,,_.00" .
COLLIER COUNTY
BOARD OF COUNTY COMMiSSIONERS
Item Number
1606
Item Summary
Th¡s ¡rem was previously continued from April 13. 2004 agenda This IS a
Recommendation that the Board of County Commissioners discussion of
amending Collier County COPC~I Ordinance 2004-12 be continued until the
june 22. 2004 BCC meeting.
Meeting Date
511112004900:00 AM
Prepared By
Jeff Page
EMS Director
Pubiic Services
EMS
Approved By
Jeff Page
EMS Director
Date
Public Services
EMS
5/5í2004 3:12 PM
Approved By
John Dunnuck
Public Services Administrator
Date
Public Services
Public Services Admin.
5/5í2004 3:24 PM
Approved By
Gary A. Vincent
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
5/5120043:51 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
5/5120044:01 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
5/5120044:15 PM
Agenda Item No- 1606
May 11, 2004
Page 2 of 3
!$þ
Fay R. BIles., PII.D.
PresideDt, FA V A Áa8Oçiatei
1~88 Hei¡¡:II" Ct., M.~o Island, FL 34145-6616
(239) 394 3089, r. (239) 394 8140 faybíles(@aol.com
May 3, 2004
Mrs. Donna Fiala
Chairwoman, Board of County Commission
Dear Chairwoman Fiala:
As you know, EMSAC has been working on the agreement with NCH
regarding ambulance ser.'ice for their interfacility transport. Now EMSAC
is being bombarded by private ambulance services wanting to get a COPCN
also.
EMSAC voted at our last meeting to ask the Board OfCOW1ty Commission
to delay any votes on other services until we can hold a workshop to look at
all the details. It means a loss of money to the county as well as other possi-
ble negatives. We don't want to do anything that we might regret later,
Could you please wait until July to bring up any agenda item on this subject?
That will provide the Advisory Council to study ramifications and do some
research.
~e~ Q. <2 -La--.J
Fay R. Biles, Ph.D,
Chairwoman, EMSAC
cc: Board of Commissioners
Jim Mudd. County Manager
John Dunnuck
Jeff Page
Agenda Item No. 1606
May 11 , 2004
Page 3 of 3
-,
EXECUTIVE SUMMARY
Approve an Interlocal Agreement with the City of Naples for reciprocal
beach parking at an approximate annual expense of $400,000
Objective: To continue to provide free parking to all County residents at beach areas
and related parking sites within the City of Naples, providing numerous parking options
for all residents.
Considerations: Since 1987 the City of Naples and Collier County have maintained an
interlocal agreement under wlllch all residents of Collier County may obtain beach
parking stickers valid for free parking at any County or City beach designated parking
location.
Terms of the proposed renewal agreement call for the City of Naples to provide at least
1048 parking spaces located at street beach ends or City Beach Parks, a certain number of
wlllch must be unmetered, and all of which will be made equally available at no cost to
City and County residents. The City will also operate beach patrol and maintenance,
beach and beach parking regulation enforcement, beach and beach parking cleanup, and
beach and beach parking maintenance.
"'-'
In remuneration, the County wil1 pay the City an annual fee. The payment amount for the
term of this agreement has been determined to be 82% of the City's net loss for the City's
beach and beach parking program. The agreement provides that ilie level of service
associated with City-operated beach patrol and maintenance will not increase by more
than 5% in a fiscal year, and conCUlTent to approving this agreement City Council
approved an increase in parking meter rates from $.75 to $1.00 per hour. These measures
should help lower and stabilize the annual amount due,
The term of the agreement is five years.
Fiscal Impact: Funds are budgeted annually wiiliin ilie Beach and Water Park
Operations budget within the General Fund (001). Source of funds is ad valorem.
Growth ManaQement Impact: This action furthers the directive of Policy 1.3.2 of the
Recreation and Open Space Element of the Growth Management Plan: "Continue to
ensure that access to beaches, shores, and waterways remains available to the public."
Recommendation: That the Board of County Commissioners approves an Interlocal
Agreement with the City of Naples for reciprocal beach parking.
_.
Agenda Item No. 160J,
May 11, 2004
Page 1 of 5
'-""'"
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",-,_._'-'
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
1607
Item Summary
Approve an Interlocal Agreement with the City of Naples for reciprocal beach
parking at an approximate annual expense of $400.000
Meeting Date
5i11/2004 9:00:00 AM
Prepared By
Amanda Townsend
Ocerations Coordinator
Public Services
Parks and Recreation
Approved By
Marla Ramsey
Parks & Recreation Director
Date
Public Services
Parks and Recreation
4/30/20049:04 AM
Approved By
John Dunnuck
Public Services Administrator
Date
Public Services
Public Services Admin.
5/3/2004 4:28 PM
Approved By
Gary A. Vincent
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
5/4/20049:41 AM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
5/4/20041 :23 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
5/4/2004 1 :46 PM
7
Agenda Item No. 1601;3'
May 11, 2004
Page 2 of 5
_m~_--
INTERLOCAL AGREEMENT
FOR CITY-COUNTY BEACH PARKING
THIS AGREEMENT,is entered into by and between the CITY OF NAPLES, a municipal
corporation, hereinafter called "City," and COLLIER COUNTY, a political subdivision of the
State of Florida, hereinafter called "County," to provide for the maintenance and operation of the
beach areas and related parking sites within the City of Naples and to provide for the County to
pay a portion of the expenses to provide for beach maintenance and free parking for Collier
County residents.
WI1NESSETH:
WHEREAS, the City has built and maintained the beach area and related parking sites
within the City, and
WHEREAS, the County desires to provide for continued fiee parking for all County
residents at the beach area and related parking sites 'Within the City.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties hereby agree as follows:
1. The City and the County hereby continue their established reciprocal beach parking
program whereby all residents of Collier County may obtain a beach parking sticker valid
for free parking at any County or City beach parking location.
2. The City will operate a beach patrol and maintenance program within the City to provide
for beach and beach parking regulation enforcement, beach and beach parking cleanup,
and beach and beach parking maintenance. The level of service associated with City-
operated beach patrol and maintenance will not increase by more than five percent (5%)
in a fiscal year.
3. For the term of this Agreement the City agrees to provide at least 1048 parking spaces
located at street beach ends or City Beach Parks that will be available for vehicles of
County residents with valid beach parking stickers. These spaces may be metered,
restricted for permit parking, or handicapped parking spaces as determined by the City.
All spaces regardless of designation will be made equally available at no cost to City and
County residents.
4. All expenses and revenues for the beach and beach parking program will be accounted
for as separate funds of the City in accordance with generally accepted accounting
principles.
5. The County shall remit an annual payment to the City to fund its fair share of the City's
beach and beach parking program. The remittance shall be a percentage of the City's net
?
Agenda Item No. 16D1ð'
May 11, 20041
Page 3 of 5
loss for the program. For the term of this agreement the percentage has been determined
to be eighty-two percent (82%).
6, One-half of the projected payment amount due shall be paid to the City not later than
March 31 of each fiscal year. The adjusted remaining amount due shall be paid not later
than September 30 of each fiscal year.
7. The City shall provide annual budgets and annual financial reports to the County each
year as soon as reasonable after publication.
8. This Agreement may be amended by mutual agreement of both parties in writing. Either
party may terminate this Agreement by giving the other party written notice of
termination, not later than Aprill of each calendar year. Failure to notify the other party
in writing by that date results in the automatic continuance of the Agreement.
9. The term of this Agreement shall be for a period of five years commencing on October 1,
2003 and expiring on September 30, 2008.
IN WITNESS WHEREOF, the parties have set their hands and seals this - day of
,2004.
Attest:
Dwight E. Brock, Clerk
Board of County Commissioners
Collier County, Florida
Deputy Clerk
By:
Donna Fiala, Chairman
Approved as to form and
legal sufficiency:
~¡A~
Ro ac
Assistant ounty Attorney
Attest:
City of Naples
,-
Agenda Item No. 160J.
May 11, 20042
Page 4 of 5
I
A ¡; i
- P ðU/}( ~ Iv'
b if Ô'
Approved as to fOnD
~~'
City Attorney
By: Q{
Dr. Robert E. Lee, City Manager
Agenda Item No. 160il
May 11, 20043
Page 5 of 5
EXECUTIVE SUMMARY
Request the Board of County Commissioners approve a budget amendment
recognizing and appropriating a $6,000 donation from the American Heart
Association in the Emergency Medical Services Fund (490).
OBJECTIVE: To recognize and appropriate a $6,000 donation in EMS Fund 490.
CONSIDERATIONS: The American Heart Association has provided the County's
EMS department a donation in the amount of $6,000 for the so1e purpose of purchasing
Automated External Defibri11ator's, A budget amendment is required to recognize and
appropriate these funds.
FISCAL IMPACT: Approving this budget amendment wi1l increase EMS fund (490)
by $6,000 without any additional cost to the County.
,-
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this Executive Summary,
RECOMMENDATION: That the Board of County Commissioners approve the
budget amendment recognizing and appropriating a $6,000 donation from the American
Heart Association.
,"--'
Agenda Item No. 1608
May 11, 2004
Page 1 of 2
, ,______0____""'"
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
1608
Item Summary
Request the Board of County Commissioners approve a budget amendment
recognizing and appropriating a $6,000 donation from the American Heart
Association in the Emergency Medical Services Fund (490).
Meeting Date
5í11 í2004 9:00:00 AM
Prepared By
Lugene Hamilton
Fiscal Technician
Public Services
EMS
Approved By
Jeff Page
EMS Director
Date
Public Services
EMS
4/30/200411:43 AM
Approved By
John Dunnuck
Public Services Administrator
Date
Public Services
Public Services Admin.
5/3/2004 1: 36 PM
Approved By
Gary A. Vincent
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
5/4/2004 11 :42 AM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
5/4/20041 :17 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
5/4/2004 1 :34 PM
Agenda Item No. 1608
May 11, 2004
Page 2 of 2
,.-
EXECUTIVE SUMMARY
Request the Board of County Commissioners approve a budget amendment
recognizing and appropriating a private donation of $6,980 in the Emergency
Medical Services Fund (490).
OBJECTIVE: To recognize and appropriate a $6,980 donation in EMS Fund (490).
CONSIDERATIONS: After viewing a recent news report on the County's Emergency
Medical Services Department utilizing an Audiocore device on one of their units, a
citizen from Marco Island sent in a donation with a request that the money be used solely
for purchasing one MAC5000 (Audiocore) Unit for the ambulance serving Marco Island
residents. A budget amendment is required to recognize the donation and appropriate the
$6,980 required to purchase this device.
FISCAL IMPACT: Approving this budget amendment will increase EMS fund (490)
by $6,980 without any additional cost to the County.
.'-
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners approve the
budget amendment recognizing and appropriating a $6,980 private donation,
.-.
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
1609
Item Summary
Request the Board of County Commissioners approve a budget amendment
recognizing and appropriating a pr;vate donation of $6,980 in the Emergency
Medical Services Fund (490)
Meeting Date
5/1112004 9:00:00 AM
Approved By
Jeff Page
EMS Director
Date
Public Services
EMS
4/30/200411:51 AM
Approved By
John Dunnuck
Public Services Administrator
Date
Public Services
Public Services Admin.
5/3/2004 1 :37 PM
Approved By
Gary A. Vincent
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
5/4/200412:10 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Managers Office
Office of Management & Budget
5/4120041:18 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
5/412004 1 :36 PM
-_.
4j¿ qÎdQI*~ Nô, \ 619
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Th 9í¿ ¿ o{" 2..
..-
EXECUTIVE SUMMARY
Terminate contract #96-2489 "Pelican Bay Tennis Facility Concession
Agreement" with Lewis Tennis, Inc. for cause
Obiective: To provide recreation programming services at the Pelican Bay Community
Park tennis facility that meet Parks and Recreation Department standards.
Considerations: The Parks and Recreation Department and Larry Lewis of Lewis
Tennis, Inc. are in disagreement over several points of their Pelican Bay Tennis Facility
Concession Agreement. Prior to leaving town for the summer on April 13, 2004, Mr,
Lewis posted a notice at the Pelican Bay tennis facility that stated, "The county will take
over management of the facility May 1, 2004."
Mr. Lewis left staff in place at the facility who worked through April 30, after which
Parks and Recreation staff took over the facility's management. During the last two
weeks of April Parks and Recreation staff worked on site with the employees of Lewis
Tennis, Inc. to assure the smoothest transition possible given the circumstances.
Fiscal Impact: Operations of the facility for the rest of the fiscal year can be funded
within the current allocations of the Parks and Recreation budget.
,-
Growth Manaaement Impact: No Growth Management Impact is associated with
this action.
Recommendation: That the Board of County Commissioners terminates contract #96-
2489 "Pelican Bay Tennis Facility Concession Agreement" with Lewis Tennis, Inc. for
cause.
~
Agenda Item No. 16010
May 11 2004
Page 1 of 2
"..-".-...,-.."
" '_n,...__-
COLLIER COUì\TY
BOARD OF COUNTY COMMISSIONERS
Item Number
'5010
Item Summary
Term;nate contract #96-2489 "Pelican Bay Tennis Facility Concession
Agreement" with LewIs Tennis, inc. for cause.
Meeting Date
5/1 í!2004 90000 AM
Approved By
Marta Ramsey
Parks & Recreation Director
Date
Public Services
Parks and Recreation
4/28120044:40 PM
Approved By
John Dunnuck
Public Services Administrator
Date
Public Services
Public Services Admin.
513/20041:34 PM
Approved By
Gary A. Vincent
Management & Budget Anatyst
Date
County Manager's Office
Office of Management & Budget
5/4120048:57 AM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
515/20044:07 PM
Approved By
Steve Carnell
PurchasinglGeneral Svcs Director
Date
Administrative Services
Purchasing
5/5120044:07 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
5/5;20044:14 PM
Agenda Item No. 16010
May 11, 2004
Page 2 of 2
.-".'
EXECUTIVE SUMMARY
Approval of a Lease Agreement with the Empowerment Alliance of Southwest Florida
Community Development Corporation for use of office space in the satellite government
building in Immokalee for revenue of $500 annually.
OBJECTIVE: Secure Board of County Commissioners' (Board) approval and execution of a
Resolution and Lease Agreement with the Empowerment Alliance of Southwest Florida
Community Development Corporation (Alliance) for use of 81 square feet of office space within the
County's satellite government building located at 310 Alachua Street, Immokalee,
CONSIDERATIONS: The Alliance is a not-for-profit organization that deals with agricultural
issues in the Immokalee community, The space being provided is an open office area convenient to
public access,
The Lease is for five years commencing May 1, 2004, and ending April 30, 2009, with a provision
for two additional renewal periods of four years each. The first year's rent is $500 and will increase
annually thereafter, including the renewal periods, by three percent over the preceding year's rental
amount. Either party may terminate the Lease for any reason by providing the other party at least
30-days notice. The County will provide office furniture and pay for janitorial service and all utility
charges, except long distance calls. Market rental would be nominal because of the size and
openness of the space.
,-
To comply with Florida Statute 125.38, the Board must declare that the oftlcc space is not required
for County purposes and is, therefore, available for Al1iance's intended use, A Resolution for this
purpose is attached.
The Resolution and Lease Agreement have been reviewed and approved by the County Attorney's
Office.
FISCAL IMPACT: The first year's rent of $500 and annual rent thereafter will be paid in advance
at the beginning of each annual period, and be deposited into the General Fund (001).
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners approve the attached
Resolution and Lease Agreement and authorize Chainnan Fiala to execute both on behalf of the
Board.
--
Agenda Item No. 16E 1
May 11, 2004
Page 1 of 9
- "" 0"_"'."""'.' - -,,-
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
16E1
Item Summary
Approval of a Lease Agreement with the Empowerment Alliance of Southwest
Florida Community Development Corporation for use of office space in the
satellite government building in Immokalee for revenue of $500 annuaily.
Meeting Date
5111/20049:0000 AM
Prepared By
Michael H. Dowling
Property Management Specialist
Administrative Services
Facilities Management
Approved By
Skip Camp, C.F.M.
Facilities Management Director
Date
Administrative Services
Facilities Management
4/21/20043:42 PM
Approved By
Charles E. Carrington, Jr., SRI
WA
Real Estate Services Manager
Date
Administrative Services
Facilities Management
4/26/20044:16 PM
Approved By
Michael H. Dowling
Property Management Specialist
Date
Administrative Services
Facilities Management
4/26/2004 2:27 PM
Approved By
Len Golden Price
Administrative Services Administrator
Date
Administrative Services
Administrative Services Admin.
4/27/200411:34AM
Approved By
Daniel R. Rodriguez
Facilities Manager
Date
Administrative Services
Facilities Management
4/27120048:21 AM
Approved By
Robin Johnson
Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
4129/200412:02 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
413012004 3:53 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
5/3120046:29 PM
Agenda Item No. 16E1
May 11 . 2004
Page 2 of 9
Lease #
LEASE AGREEMENT
THIS LEASE AGREEMENT entered into this - day of , 2004, between The Empowerment
Alliance of Southwest Florida Community Development Corporation, a Florida non profit corporation, whose mailing
address is 640 Ninth Street North, Immokalee, Florida 34142, hereinafter referred to as "LESSEE", and COLLIER
COUNTy, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples,
Florida 34112, hereinafter.referred to as "LESSOR".
WITNESSETH
THE PARTIES AGREE AS FOLLOWS:
Demised Prehuses
ARTICLE I.
LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR approximately eighty-one square
feet of office space located at 310 Alachua Street, Immolcalee, Florida, as shown on Exhibit "A" which is attached
7hereto and made a part of this Lease, hereinafter called the "Demised Premises", situated in Collier County, Florida.
ARTICLE 2.
Term of Lease
LESSEE shall have and hold the Demised ?remise for a term of Five (5) years, commencing on May 1,2004
and ending April 30, 2009. LESSEE is granted the option, provided it is not then in default of any of the provisions of
Lhis Lease, Lo renew same for two (2) additional tenns of four (4) years each, under the same terms and conditions, as
provided herein, except as to the rental amount, as provided herein, by delivering written notice of lESSEE'S
unconditional intention to do so to the LESSOR not less than thirty (30) days prior ID the expiration of the leasehold
estate hereby created. Said notice shall be effective upon actual receipt by the County.
LESSOR and LESSEE reserve the right to terminate this Lease, with or without cause, upon thirty (30) days
prior written notice of such termination to the other party at the address set forth in ARTICLE I3 of this Lease. Said
notice shall be effective upon actual receipt by the parties.
In addition, LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any
part thereof [0 be used or occupied for any purpose that is contrary [0 law or rules or regulations of any public
authority having jurisdiction over the Leased Premises.
ARTICLE 3.
Rent
LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of Five Hundred Dollars
($500.00) per annum, to be paid in full within fifteen days from the commencement date of this Lease and shall be due
in full each year thereafter upon the anniversary date of this Lease. LESSEE will also be responsible for the payment
of additional rent as provided for in ARTICLE 4 of this Lease.
Following the first full year of tenancy, the annual rental amount shall increase by three (3) percent for each
ensuing year thereafter and any renewal terms thereof.
ARTICLE 4.
Other Exoenses and Charlæs
LESSOR shall pay all costs for electricity, air conditioning, water and sewer services used and janitorial
services, rendered or supplied to the Demised Premises. lESSOR shall furnish one (I) telephone for lESSEE'S use at
the Demised Premises.
The LESSEE shall be responsible for costs associated with any and all loog distance telephone charges.
LESSEE shall be billed by LESSOR for long distance telephone service on a monthly basis. lESSEE covenants to
pay LESSOR for said service within thirty (30) days of receipt of invoice, in lawful money of the United States of
America, at the address of LESSOR set forth in this Lease or at such other place as LESSOR may designate.
ARTICLE 5.
Modifications to Demised Premises
Prior to making any changes, alterations, additions or improvements 10 the Demised Premises, LESSEE must
provide to lESSOR all proposals and plans for alterations, improvements, changes or additions to the Demised
Premises for LESSOR'S written approval, specifying in writing and in meaningful delail.)he nature and extent of the
desired alteration, improvement, change, or addition, along with the contemplated starting and completion time for
such project. lESSOR or its designee will then have sixty (60) days within which to approve or deny in writing said
request for changes, improvemenls, allernlions or additions. LESSOR sha.ll..AAt.t\~îrJlliWr ~ah~Elfnsenl to
required or appropriate alterations, improvements, changes or additions pr'õþ';:!ls~c'I'!5:'y ~~ I~ ÿt,e2m460) days
Page 3 of 9
there has been no response from LESSOR or its designee to said proposals or plans, then such silence shall be deemed
as a DENIAL to such request to LESSEE.
LESSEE covenants and agrees in connections with any maintenance, repair work, erection, construction,
improvement, addition or alteralion of any authorized modifications, additions oc improvements to the Demised
Premises, to observe and comply with all then and future applicable laws, ordinance, rules, regulations, and
requirements of the United Sates of America, State of Florida, County of Collier, and any and all other governmental
agencies.
All alterations, improvements and additions to said Demised Premises shall at once, when made or installed, be
deemed as attached to the- freehold and to have become propeny of LESSOR. Prior 10 the termination of this Lease or
any renewaltenn thereof, or within thiny (30) days thereafter, if LESSOR so directs, LESSEE shall promptly remove
the additions, improvements, alterations, fixtures and installations which were placed in, on, or upon the Demised
Premises by LESSEE, and repair any damage occasioned to the Demised Premi5es by such removal; and in default
thereof, LESSOR may complete said removals and repairs at LESSEE'S expense.
ARTICLE 6.
Access to ~mised Premises
LESSOR, its duly authorized agents, representatives and employees, shall have the right after reasonable oral
notice to LESSEE, to enter into and upon the Demised Premises or any part thereof at all reasonable hours for the
purpose of examining the sø,rne and making repairs or providing janitorial service therein, and for the purposes of
inspection for compliance with provisions of this Lease Agreement.
ARTICLE 7.
Asshmment and Subletting
LESSEE shall not assign this Lease or attempt to sublet the whole or any part of the Demised Premises, or te
permit any other person(s) to occupy same without the expressed prior written consent of LESSOR. Any .Jiuch
assignment or subleuing, even with the consent of LESSOR, shall not relieve LESSEE from liability foc payment of
rent or other sums herein provided or from the obligation to keep and be. bound by tho terms, cooditioos and covenants
of this Lease. The acceptance of rent from any other person shall not be deemed to be a waiver of any of the
provisions of this Lease, or to be a consent to the assignment of this Lease or subletting of the Demised Premises.
Any such attempt shall be null and void.
ARTICLE 8.
Indemnity
In consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged,
LESSEE shall indemnify, defend and hold harITÚess LESSOR, its agents an:! employees from and against any and all
liability (statutory or otherwise), damages, claims, suits, demands, judgments, costs, interest and expenses (including
but no limited to attorneys' fees and disbursements both at trial and all appellate levels) arising, directly or indirectly,
from any injury to, or death of, any person or persons or damage to propeny (including loss of use thereon related to
(A) LESSEE'S use of the Demised Premises, (8) any work or thing whatsoever dono, or any condition created (other
than by LESSOR, its employees, agents or contractors) by or on behalf of LESSEE in or about the Demised Prenùses,
(C) any condition of the Demised Premises due to or resulting from any default by LESSEE in the performance of
LESSEE'S obligations under this Lease or otherwise, or (D) any act, omission or negligence of LESSEE or its agents,
contractors, employees, subtenants, licensees or invitees, In case any action or proceeding is brought against LESSOR
by reasoo of any ODe or more thereof, LESSEE shall pay all costs, attorneys' fees, expenses and liabilities resulting
therefrom and shall defend such action or proceeding if LESSOR shall so request, a¡LESSEE'S expense, by counsel
reasonably satisfactory to LESSOR. .
LESSOR shall not be liable for any injury or damage to person or property caused by the elements or by other
persons in the Demised Premises. or from the street or sub-surface, or from any other place. or for any interference
caused by operations by or for a governmental authority in construction of any public or quasi-public works or
otherwise.
LESSOR shall not be liable for any damages to or loss of, including loss due to petty theft, any property,
occulTing on the Demised Premises or any pan thereof, and the IF...5SEE agrees to hold the LESSOR harmless from
any claims for damages, except where such damage or injury is the result of the gross negligence or willful
misconduct of the LESSOR or its employees.
ARTICLE 9. Insurance
LESSEE shall provide and maintain general liability and propeny liability insurance policy(ies). approved in
writing by the Collier County Risk Management Department, for not less than Three Hundred Thousand Dollars and
No/Cents ($300,000.00) combined single limits during the term of this Agreement.
Such insurance policy(ies) shaUlist and continuously maintain Collier County as an additional insured thereon.
In addition, LESSEE shall provide and maintain Worker's Compensation Insurance covering all employees meeting
Statutory Limits in compliance with the applicable state and federal laws. The coVl:rage shall include Employer's
Liability with a minimum limit of One Hundn:d Thousand Dollars and N°~~âO~m N~~~ 1
May 11, 2004
Page 4 of 9
2
Evidence of such insurance shall be provided to the Collier County Risk Management Depanrnent. 3301 East
Tamianù Trail, Administration Building. Naples, Florida, 33962, for approval prior to the commencement of this
Lease Agreement; and shall include a provision requiring not less than ten (10) days prior wriuen notice to CoIlH:r
County do County Risk Management Department in the event of cancellation or changes in policy(ies) coverage.
LESSOR reserves the right to reasonably amend their insurance requirementl by issuance of notice in writing
to LESSEE, whereupon receipt of such notice LESSEE shall have thirty (30) days in which to obtain such additional
insurance.
ARTICLE 10. Maintenance
LESSEE shall, at its sole cost and expense, keep the Denùsed Premises clean at all times, If said Demised
Prenùses are not kept clean in the opinion of LESSOR, LESSEE will be so advised in writing. If co~tjve action is
not taken within twènty (20) days of the receipt of such notice, LESSOR may cause the same to be cJeaned and
COITected and LESSEE shall assume and pay all such necessary cleaning costs, and such costs shall constitute
ADDITIONAL RENf which shall be paid by LESSEE within ten (10) days of receipt of written notice of costs
incWTed by LESSOR.
LESSEE. at its sale cost. shall repair all damage to the Denùsed Premises caused by LESSEE. its employees,
agents. independent contractors, guests, invitees, licensees, or patrons.
ARTICLE I L Default by LESSEE
Failure of LESSEE to remedy any non-<:ompliance of this Lease within ninety (90) days from receipt of
LESSOR'S wollen notice stating the non-<:ompliapce shall constirute a default, wheR:by LESSOR may, at its option,
terminate this Lease by giving LESSEE, thirty (30) days wriuen notice unless the default is fully cured within that
thirty (30) day notice period (or such additional time as is reasonably required to correct such default). However. the
OCCWTence of any of the following events shall constitute a default by LESSEE, and this Lease may be immediately
terminated by LESSOR except to the extent then prohibited by law:
(a)
Abandonment of Demised Premises or discontinuation of LESSEE'S operation.
(b) Falsification of LESSEE or an agent of LESSEE of any report required to be furnished to
LESSOR pursuant to the terms of this Lease.
(c)
Filing of insolvency, reorganization, plan or arrangement of bankruptcy.
(d) Adjudication as bankrupt.
(e)
Making of a general assignment of the benefit of creditors.
(f)
If LESSEE suffers this Lease to be taken under any wri! of execution.
In the even! of the occurrence of any of the foregoing defaults in this ARTIa..E II, LESSOR. in addition to
any other rights and remedies it may have. shaH have the immediate right to re-enter and remove all persons and
property from the Demised Premises. Such property may be removed and stored in a public warehouse or elsewhere at
the cost of and for the account of LESSEE, all without service of notice or resort to legal process and without being
deemed guilty of trespass, or being liable for any loss or damage which may be occasioned thereby.
LESSOR may at its option terminate this Lease after receipt by LESSJ.ill of thiny (30) days notice in writing if
a lien is filed against the leasehold interest of the LESSEE and is not removed within thirty (3) days pursuant to the
Florida Mechanics Lien Law or otherwise.
If LESSEE fails to pay. when due, any insl4Hment of rent or any other sum payable to LESSOR under tbis
Lease, and if said sum remains unpaid for more than five (5) days past the due date. the LESSEE shall pay LESSOR a
late payment charge equal to five (5%) percent of any payment not paid promptly when due. Any amounts not paid
promptly when due shall also accrue compounded interest of two (2%) percent per month or the highest interest rate
then allowed by Florida law. whichever is higher, which interest shall be paid by LESSEE to LESSOR.
ARTICLE 12. Default by LESSOR
LESSOR shall in no event be charged with default in the performance of any of its obligations hereunder unless
and until LESSOR shall have failed to perform such obligations within thirty (30) days (or such additional time as is
reasonably required to correct such default) after written notice to LESSOR by LESSEE properly and in meaningful
details specifying wherein LESSOR has failed to perform any such obligation(s).
3
Agenda Item No. 16E1
May 11 , 2004
Page 5 of 9
.----'-
ARTICLE 13. Notices
Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing 10 the
other party at the following addresses:
LESSOR:
Board of County Commissioners
clo Real Estate Services Department
3301 Tamiaoú Trail East
Adoúnistration Building
Naples, Florida 34112
LESSEE:
The Empowerment Alliance of Southwest Florida
Corrununity Development Corporation
640 Ninth Street North
Immokalee. Florida 34102
Copy to: Office of the County Attorney
Facilities Management Department
ARTIŒ..E 14. Surrender of P~mises
LESSEE shall remove any improvements completed by LESSEE prior to the expiration of this Lease and shall
deliver up and surrender to LESSOR possession of the Demised Premises and any improvements not removed upon
expiration of this Lease. or its earlier termination, bronm clean and in as good condition and repair as the same shall
be at the commencement of the term of this Lease or may have been put by LESSOR or LESSEE during the
continuance thereof, ordinary wear and tear and damage by fire or the elements beyond LESSEE'S control excepted.
ARTICLE 15. General Provisions
LESSEE expressly agrees for itself. its successor and assigns, to refrain from any and all use of the Demised
Premises which would interfere with or adversely affect the operation or maintenance of lESSOR'S operations where
any such operations share common facilities or otherwise.
(a)
Rights not specifically granted the LESSEE by this Lease are hereby reserved to the LESSOR.
(b)
LESSEE agrees to pay all taxes imposed on the leasehold interest or otherwise related to the rental of the
Demised Premises to the extent applicable under law.
(c)
LESSEE agrees to pay all intangible personal property taxes that may be imposed due to the creation. by trus
Lease, of a leasehold interest in the Demised Premises or LESSEE'S possession of said leasehold interest in the
Demised Preoúses.
ARTICLE 16. Environmental Concerns
LESSEE represents. warrants and agrees to indemnify, reimburse, defend and hold hanlÙess lESSOR. from
and against all costs (including attorneys fees and all appeals) asserted against. imposed on or incurred by LESSOR
directly or indirectly pursuant to or in connection with the application of any fedes-al, state, local or conunon law
relating to pollution or harm to the environment caused by LESSEE.
ARTICLE 17. Radon Gas
In compliance with Section 404.056, Florida Statutes. all parties are hereby made aware of the following:
Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient
quantities. may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal
and state guidelines have been found in buildings in Florida. Additional infonnalÌon regarding radon and radon
testing may be obtained from your County Public Health Department.
ARTICLE 18. General Provisions
LESSOR fully understands that the police and law enforcement security protection proyjded by law
enforcement agencies to the Demised Premises is limited to that provided to any other business or agency situated in
Collier County, and LESSOR acknowledges that any special security measures deemed necessary for additional
protecúon of the Deoúsed Preoúses shall be the sole responsibility and cost of lESSOR and shall involve no cost or
expense to LESSEE.
ARTICLE 19, Extent of Liens
All persons to whom these presents may come are put upon notice that no interest of the lESSOR in the
Demised Premises shall be subject to liens for improvements made by the LESSEE, 01180 liens for improvements made
by the LESSEE are specifically prohibited from attaching to or becoming a lien on the interest of the LESSOR in the
Demised Premises or any part of either. This notice is given pursuant tA~Pfet-2fiJterri flH.:>i.n' :f}@~ance with
Section 713.10, Florida Statutes. May 11, 2004
Page 6 of 9
4
ARTICLE 20. Effective Date
This Lease shall become effective upon execution by both LESSOR and LESSEE,
ARTICLE 21. Governin¡¡ Law
This Lease shaH be governed by, and construed in accordance with. the laws of the State of Florida.
IN WITNESS WHEREOF. the parties hereto have hereunder set tonh their hands and seals.
AS TO THE LESSOR:
DATED:
A ITEST:
DWIGIIT E. BROCK. Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
Deputy Cleric
BY:
DONNA FIALA. Chairman
AS TO LESSEE:
THE EMPOWERMENT AU.lANtE OF SOUTHWEST
FLORIDA COMMUNrr D VELOP CORPORATION
~
D (:: (Sê7;J~~Ò ~
(print name)
£~..~ ~
D......~ J C06~
(prim name)
Approved as to Conn and legal sufficiency:
~r~
Thomas C. Palmer
Assistant County Atlomey
5
Agenda Item No. 16E1
May 11 , 2004
Page 7 of 9
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Agenda Item No. 16E1
May 11 2004
Page 8 of 9
~-~----
RESOLUTION No. 2004 - -
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, APPROVING A LEASE AGREEMENT
BETWEEN COLLIER COUNTY AND THE EMPOWERMENT
ALLIANCE OF SOlITHWEST FLORIDA COMMUNITY
DEVELOPMENT CORPORATION FOR USE OF OFFICE SPACE
WITHIN A COUNTY -OWNED BUILDING.
WHEREAS, The Empowerment Alliance of Southwest Florida Community Development
Corporation ("Alliance") desires to lease an office space within a building owned by ColJier
County, a political subdivision of the State of Florida ("Collier County"), located at 310 Alachua
Street, Immokalee, Florida.
WHEREAS, the Lease Agreement provides for an initial five (5) year term with two (2)
renewal term of four (4) years, wIth an annual rent of $500.00 for the first year, with annual three
percent increases thereafter.
WHEREAS, the Board of County Commissioners is satisfied that this property may be
used for the Alliance and is no! needed for County purposes.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COWER COUNTY, FLORIDA, that:
I. The Board of County Commissioners does approve the attached Lease Agreement
between Collier County and The Empowennent Alliance of Southwest Florida
Community Development Corporation.
2. The Chairman of the Board of County Commissioners of Collier County, Florida, is
hereby authorized to execute the attached Lease Agreement.
This Resolution adopted this - day of
after motion, second and majority vote.
,2004
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COUIER COUNTY, FLORIDA
BY:
. Deputy Clerk
BY:
DONNA FIALA, Chairman
Approved as to form and legal sufficiency:
'O~ ~
Thomas C. Palmer
Assistant County Attorney
Agenda Item No. 16E1
May 11, 2004
Page 9 of 9
Executive Summary
Approve The Termination of Contract No. 02-3377, "North Naples Government
Services Center", with Brooks and Freund, LLC for Construction of the North
Naples Government Services Center.
OBJECTIVE: To obtain approval from the Board of County Commissioners to terminate
Contract No, 02-3377, "North Naples Government Services Center", with Brooks and
Freund, LLC.
CONSIDERATIONS: The Board of County Commissioners approved the award of
Contract No. 02-3377 to Brooks and Freund, LLC on September 24,2002, Agenda Item
10L. Since the time of the award, there was a delay of approximately 18 months in the
County giving notice to proceed to Brooks and Freund, LLC, As a result of the delay,
Brooks and Freund advised the County that due to the lapse in time between the award
and Notice to Proceed their subcontractors were unable to hold their original prices.
"-
Discussions between County staff and Brooks and Freund, LLC resulted in a mutually
agreed upon termination of the above referenced contract. County Attorney's office has
agreed to the reimbursement of Brooks and Freund, LLC for certain pre-construction
expenses as submitted to the County on March 1, 2004. The expenses total $5,015.75
and include building permit fees and reprographics,
The North Naples Government Services Center will be re-bid, pending receipt of the
specifications from the architectural firm, BSSW. County staff has been advised the
specifications will be delivered to the Purchasing Department by April 30, 2004,
FISCAL IMPACT: There is a fiscal impact in the amount of $5,015.75 to be paid from
the Project budget.
GROWTH MANAGEMENT PLAN: There is no impact on the Growth Management
Plan,
RECOMMENDATION: That the Board of County Commissioners approve the mutually
agreed upon termination of Contract No. 02-3377, "North Naples Government Services
Center" and authorize the payment of pre-construction expenses in the amount of
$5,015,75 to Brooks and Freund, LLC.
-
Agenda Item No. 16E2
May 11, 2004
Page 1 of 4
",--.-..,
,..----. '
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
16E2
Item Summary
Approve The Termination of Contract No. 02-3377, "North Naples Government
Services Center", with Brooks and Freund LLC for Construction of the North
Naples Government Services Center.
Meeting Date
5/11/2004 900:00 AM
Prepared By
Linda Jackson
Contracts Agent
Administrative Services
Purchasing
Approved By
Skip Camp, C.F.M.
Facilities Management Director
Date
Administrative Services
Facilities Management
4/23/2004 2:07 PM
Approved By
Steve Carnell
Purchasing/General Svcs Director
Date
Administrative Services
Purchasing
4/27/200411:18AM
Approved By
Len Golden Price
Administrative Services Administrator
Date
Administrative Services
Administrative Services Admin.
4/30/2004 8:57 AM
Approved By
Robin Johnson
Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
4130/200412:39 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
4/3012004 3:30 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
5/4/200412:08 PM
Agenda Item No. 16E2
May 11, 2004
Page 2 of 4
TERMINATION AGREEMENT
THIS TERMINATION AGREEMENT entered into this day of May, 2004,
by and between the Board of County Commissioners of Collier County, Florida
(hereinafter referred to as the "County"), and Brooks & Freund, LLC (hereinafter
referred to as the "Contractor), a Limited Liability Company and whose principal
address is 6281 Metro Plantation Road, Fort Myers, Florida 33912.
WITNESSETH
WHEREAS, County awarded a bid to Contractor on July 30, 2002, to
construct a government facility in North Collier County, otherwise identified
under Project No. 80534; and
WHEREAS, before construction could begin on the project, the property
required a conditional use to be obtained; and
WHEREAS, eighteen months lapsed before the permit could be issued; and
WHEREAS, Contractor advised County that the cost of labor and materials
has increased since the award of the bid and due to the delay, Contractor will
not be able to honor its obligation under the contract Award Bid No. 02-3377
because of an impossibility to perform under the price outlined therein; and
WHEREAS, the County agrees to release Contractor from its obligation under
the bid award.
NOW, THEREFORE, in consideration of the mutual undertakjng and
agreements hereinafter set forth, the County and Contractor agree as follows:
1. County agrees to release Contractor of its obligation of performance
under the Award Bid No. 02-3377, awarded on July 30, 2002. Bid Award No. 02-
337 is accordingly terminated.
2. Contractor has no obligation to perform services for County under Award
Bid No. 02-3377.
Agenda Item No. 16E2
May 11 2004
Page 3 of 4
3. No damages will result from either party for termination of the
referenced bid award.
4. County agrees to reimburse Contractor for the following expenses:
a.
Building Permit Fees in the amount of $1,664.78
b.
Travis Reprographics charge of $3,350.97
Said expenses were incurred at the County's request prior to obtaining a
conditional use approval.
IN WITNESSES WHEREOF, the parties hereto have set their hands and seals
the day and year first above written.
Witnesses:
BROOKS & FREUND, LLC
a Florida Limited Liability Company
By:
Managing Member
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Deputy Clerk
By:
DONNA FIALA, Chairman
Approved as to form and
legal sufficiency:
Robert N. Zachary
Assistant County Attorney
2
Agenda Item No. 16E2
May 11, 2004
Page 4 of 4
~---" ~~.~
EXECUTIVE SUMMARY
Report and ratify staff-approved change orders and changes to work orders to Board -
approved contracts
OBJECTIVE: To enable the Board to oversee the execution of administrative change orders
and changes to work orders, and promote accountability in the use of staff authority.
CONSIDERATIONS: On April 22, 2003, the Board approved a recommendation to implement
a plan to enable changes to BCC-approved contracts (Section XIV, C, Collier County
Purchasing Policy) of not greater than 1 0 percent of the current Board approved amount or
$10,000 (whichever is greater) to be authorized by staff, Also included in the report are changes
to Work Orders. These include work orders issued under CCNA Contracts, which are less than
or equal to $90,000 (Section VILC, Collier County Purchasing Policy), and changes to work
orders for all other contracts (Section XIV. G, Collier County Purchasing Policy) which are not
greater than 10 percent of the current Board Approved amount or $100,000 whichever is
greater. The Administrative report identifies the percentage changes, to contracts or work
orders, that have occurred since the prior BCC approved amount, which are below the threshold
limits as referenced above.
.---'
The plan calls for staff to submit a monthly report listing these change orders from the previous
reporting period, Enclosed is the monthly report of the Administrative Change Order and
Administrative Changes to Work Orders Report. This report covers the period of March 31,
2004 through April 27, 2004.
FISCAL IMPACT: There is no fiscal impact resulting from this action.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with
this action.
RECOMMENDATION: That the Board of County Commissioners accepts the enclosed
Administrative Change Order and Administrative Changes to Work Orders Report and ratifies
the listed change orders and changes to work orders.
.-.
Agenda Item No. 16E3
May 11, 2004
Page 1 of 34
,-.-,-",
, ",_....'~.~. " ,
PREPARED BY:
Linda L. Jackson, Contracts Agent
DATE:
REVIEWED BY: DATE:
Stephen Y. Carnell, Purchasing/General Services Director
REVIEWED BY: DATE:
Len Golden Price, Administrative Services Administrator
....--
.-
Agenda Item No, 16E3
May 11, 2004
Page 2 of 34
COLLIER COUNTY
,-.
BOARD OF COUNTY COMMISSIONERS
Item Number
16E3
Item Summary
Report and ratify staff-approved change orders and changes to work orders to
Board -approved contracts
Meeting Date
5/11/20049:00:00 AM
Approved By
Steve Carnell
Purchasing/General Svcs Director
Date
Administrative Services
Purchasing
4/30/2004 10:56 AM
A pproved By
Len Golden Price
Administrative Services Administrator
Date
Administrative Services
Administrative Services Admin,
4/30/200412:36 PM
A pproved By
Robin Johnson
ManagemenUBudget Analyst
Date
County Manager's Office
Office of Management & Budget
5/412004 3:25 PM
Approved By
r-
,
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
515/20048:13 AM
A pproved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
5/5/200412:43 PM
.--
Agenda Item No. 16E3
May 11, 2004
Page 3 of 34
CONTRACT MODIFICATION
CHECKLIST FORM
PROJECT NAME: Immokalee Branch library Expansion
PROJECT #: 33776
4
AMOUNT OF THIS CHANGE $(3,829.12)
BID/RFP #: 02-3405MOD #:
PO #: 4500001967 Work Order #:
CONTRACT AMOUNT: ORIGINAL $ 490,000.00 CURRENT 526,044.88
(STARTING POINT) (INCLUDING THIS CHANGE ORDER)
Last BCC Approved Amount $490,000.00
(LAST TOTAL AMT. REQUIRING !:iCC APPROVAL)
Date of Last BCC ApprovaI9/11/02 Agenda Item # 16 D 10
Percentage of the change over/under current contract amount 7.36%
Formula: (Current Amount / Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported
to BCC on Purchasing report,
CURRENT COMPLETION DATE (S): ORIGINAL: 2/01/04 CURRENT:02/01/04
SUMMARY OF PROPOSED CHANGE (S): Revision of chanqe order 1, 2 & 3 for correction of
Contractors mark-up per Beth Maxwell in the Clerks Finance. See attached spread sheet.
JUSTIFICATION FOR CHANGE (S): Owner requested.
PARTIES CONTACTED REGARDING THE CHANGE: Jack Croqnale. Skip Camp. & Steve Carnell
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)
3- Proposed change is consistent with the scope of the existing agreement
3- Proposed change is in fact an addition or deletion to the existing scope
3- Change is being implemented in a manner consistent with the existing agreement
3- The appropriate parties have been consulted regarding the change
3- Proposed prices, fees and costs set forth in the change are reasonable
~~~~~~ .MAN~~ EN DATION: Date: !! ß d h'!-
DISAPPROVE:' Date: ~
COMMENTS:
REVISED 9/9/03
Agenda Item No. 16E3
May 11, 2004
Page 4 of 34
l Change is being implemented in a manner consistent with the existing agreement
l The appropriate parties have been consulted regarding the change
l Proposed prices, fees and costs set forth in the change are reasonable
PROJECT MANAGER RECOMMENDATION:
APPROVE: John R. Conti
DISAPPROVE:
Date: April 8. 2004
Date:
COMMENTS:
Revised 8/2'2103
Agenda Item No. 16E3
May 11, 2004
Page 5 of 34
CONTRACT MODIFICATION
CHECKLIST FORM
PROJECT NAME:
Goodlette-Frank Road Widening
PROJECT #: 60134
BID/RFP #: 02-3424 MOD #: 15 AMOUNT OF THIS CHANGE $ .5".9. 79S'. 5"2,
rc::.Vt oS ~.J. .
PO #: 4500002260 Work Order #: NA
CONTRACT AMOUNT: ORIGINAL $12,495,051.66 CURRENT $ 13,515,798.21
(STARTING POINT) (INCLUDING THIS CHANGE ORDER)
Last BCC Approved Amount S 13.352.929.29
(LAST TOTAL AJXr. REQUIRING BCC APPROVAL)
Date of Last BCC Approval December 16. 2003
Agenda Item # 16 B 6
Percentage of the change over/under current contract amount 1.22 %
Formula: (Current Amount / Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCe
on Purchasing report.
CURRENT COMPLETION DATE (5):
ORIGINAL:
October 21. 2004
CURRENT:
January 14. 2005
SUMMARY OF PROPOSED CHANGE (5): Items 570-9 and 570-9A needed to adjusts quantity and price
for waterinq sod. Item 999-030 needed to remove pipe and structure. Item 999-031 needed to modify a
precast drainaqe structure, Items 999-023 and 999-023A needed to adjust price for modified work on pre-
emption signal conduit. Item 999-032 needed to remove abandoned water main. Item WM-46 needed to
pay for exploration for valve on existinq water line. Items FM-01. FM-02. FM-04, FM-o8, FM-13, FM-15, FM-
16. FM-17, FM-20. FM-21 , FM-24 needed to reduce line items to actual Quantities used. Items FM-o3, FM-
OS, FM-o9. FM-11. FM-12 needed to increase line items to actual quantities used. FM-34 needed to
eliminate part of and connect the existinq Force Main system to the newly installed system at the OranQe
Blossom intersection.
JUSTIACATION FOR CHANGE (5): Items 570-9 and 570-9A due to insufficient quantity of water for
project. Item 999-030 needed due to conflict with proposed roadwork. Item 999-031 needed to address a
conflict with an existino water main. Items 999-023 and 999-023A needed to reduce the cost to reflect the
work done. Item 999-032 needed due to conflict with proposed roadwork, Item WM-46 needed to try to find
alleoed valve per request of water department. Items FM-o1. FM-o2, FM-Q4, FM-o8. FM-13. FM-15. FM-16.
FM-17. FM-20. FM-21 , FM-24 were needed to reduce the cost of the project, Items FM-O3. FM-05. FM-o9.
FM-11, FM-12 were needed to complete the Force Main system. Item FM-34 was 'needed to reduce the
redundancy and replace some of the existinQ Force Main system that was under the proposed new road
construction and mav not have been able to withstand the construction activity,
PARTIES CONTACTED REGARDING THE CHANGE: Lynn Thorpe (TE&CM Principal Project Manaoer);
Sandv Sridhar and Fred Sexton (Utilities EnQineerina): Steve Naov (Waste Water): Tom Deer and Dennis
Dav (PBS&J); Richard Billian and Mike Murphy (Ajax Pavino): David Scafidi (Mitchell and Stark); Jim Smith
(Mid-Continent Electric).
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NlA)
l Proposed change is consistent with the scope of the existing agreement
Y Proposed change is in fact an addition or deletion to the existing scope A d I N 16E3
- gen a tern 0,
. May 11, 2004
Revised 8/22/03 Page 6 of 34
---"--------~--" -
CONTRACT MODIFICATION
CHECKLIST FORM
PROJECT NAME: Deep Injection Well #2. SCWRF
PROJECT #: 73154
BID/RFP #: 01-3193 MOD #:
Q1.
AMOUNT OF THIS CHANGE $45.000.00
PO #: 10375
Work Order #:
Task Order 9
"
'j CONTRACT AMOUNT: ORIGINAL S 2.775.780.00 CURRENT $ 2.820.780.00
(STARTING POINT) (INCLUDING THIS CHANGE ORDER)
Last BCC Approved Amount $ 2.775.780.00
(LAST TOTAL ANfT. REQUIRING BCC APPROVAL)
Date of Last BCC Approval April 10, 2001
Agenda Item #
16C2
Percentage of the change over/under current contract amount 1.6 %
Formula: (Current Amount / Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCe
on Purchasing report.
CURRENT COMPLETION DATE (S):
ORIGINAL:
10/31/04
CURRENT:
10/31/04
SUMMARY OF PROPOSED CHANGE (S): Construction and removal of a temporary noise barrier
between the well drillina operations and adjacent residences. This associated appurtenance to the
Injection Well for sound attenuation is 30 ft. hiah. 360 ft. in ¡eneth and constructed of canvas supported
on wood or steel poles
JUSTIFICATION FOR CHANGE (5): Noise reduction to minimize possible disturbance to
adjacent residences. The noise barrier continues the Good Neiehbor policy implemented at this facilitv.
This associated appurtenance to the Injection Well was not required under the oriainal contract.
PARTIES CONTACTED REGARDING THE CHANGE: Wastewater Department Director. Public Utilities
Enaineerina Department, Hole Montes. Inc., Younaauist Brothers. Jnc.. Purchasina Decartment
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NJA)
L Proposed change is consistent with the scope of the existing agreement
L Proposed change is in fact an addition or deletion to the existing scope
L Change is being implemented in a manner consistent with the existing agreement
L The appropriate parties have been consulted regarding the change
L Proposed prices, fees and costs set forth in the change are reasonable
"
Date: ~
Date:
APPROVE:
DISAPPROVE:
COMMENTS:
Revised 8/2'2103
Agenda Item No. 16E3
May 11, 2004
Page 7 of 34
CONTRACT MODIFICATION
CHECKLIST FORM
PROJECT NAME: Imrnokalee Road
BID/RFP #: 02-3419 MOD #:
PROJECT #: 60018
AMOUNT OF THIS CHANGE S 1-575,839.78) (- 5'ff¡ 'lye¡ Z!).A- i
~/'1<>1
¡{/v7
POt:
CONTRACT AMOUNT: ORIGINAL $ 30.107.379.23 CURRENT $ 33.938.025.18
(STARTING POINT) (INCLUDING THIS CHANGE ORDER)
Last BCC Approved Amount $ 33.938.025.18
(lAST TOTAL AMT. REQUIRING BCC APPROVAL)
Date of Last BCC Approval 11/18/03
Agenda Item #
16B-6
Percentage of the change over/under current contract amount 0 %
Formula: (Current Amount / Last BCC approved amount}-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC
on Purchasing report.
CURRENT COMPLETION DATE (S):
ORIGINAL:
10/14/07
CURRENT:
4/11/08
SUMMARY OF PROPOSED CHANGE (S): Pull ChanQe Order #2 ($398.449.78), approved December 16,
2003 and ChanQe Order #2 ($186.390). aooroved March 9.2004 for a total amount of -$575.83Q.78.
- 115'~'I , ~:5 C .7 r
. ?r 'f-(a/.tI
JUSTIFICATION FOR CHANGE (S):
Strakaluse and Norman Feder.
ChanQe Orders were not aDDfoved by either/or Greoo
PARTIES CONTACTED REGARDING THE CHANGE: Bonnie Zinn. Clerk's office. Linda Jackson.
Purchasina
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NIA)
-L Proposed change is consistent with the scope of the existing agreement
-L Proposed change is in fact an addition or deletion to the existing scope
-L Change is being implemented in a manner consistent with the existing agreement
-L The appropriate parties have been consulted regarding the change
-L Proposed prices, fees and costs set forth in the change are reasonable
:~~~~~.~~~ENDA TlON: Date: :2.6 ¡ ~
DISAPP~ Date:
COMMENTS:
A~ellUè::r I lei" Nu. 16E3
May 11, 2004
Page 8 of 34
Revised 8/22/03
CONTRACT MODIFICATION
CHECKLIST FORM
.-'
I
PROJECT NAME: Naples Jail PROJECT #: 52008
BID/RFP #: 99-2829 MOD #: 12 _AMOUNT OF THIS CHANGE 4,731.09
PO #: 4500012306 Work Order #:
CONTRACT AMOUNT: ORIGINAL $ 34,402,176.00 CURRENT $29,703,390.34
(STARTING POINT) (INCLUDING THIS CHANGE ORDER)
Last BCC Approved Amount $29,397,115.70
(LAST TOTAL AMT. REQUIRING BCC APPROVAL)
Date of Last BCC Approval9/9/03 Agenda Item # 16 F 1,
Percentage of the change over/under current contract amount 1.04 %
Formula: (Current Amount I Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported
to BCC on Purchasing report.
CURRENT COMPLETION DATE (S): ORIGINAL: 6/13/05 CURRENT:6I13/05
SUMMARY OF PROPOSED CHANGE (S): Additional costs for corrections to Chance Order NO.1 a
for the third floor build out. Corrections have been made to adjust the Labor & Labor Burden Rates,
Construction Continqencv. Bond. Generalliabilitv and Fee amounts.
JUSTIFICATION FOR CHANGE (S): Requested by the Clerks Finance.
PARTIES CONTACTED REGARDING THE CHANGE: Skip Camp, Jack Croonale
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor N/A)
Y - Proposed change is consistent with the scope of the existing agreement
Y - Proposed change is in fact an addition or deletion to the existing scope
Y - Change is being implemented in a manner consistent with the existing agreement
Y - The appropriate parties have been consulted regarding the change
Y - Proposed prices, fees and costs set forth in the change are reasonable
PROJECT M
APPROVE:
DISAPP
Date:
Date:
~.h, h f-
REVISED 9/9/03
Agenda Item No. 16E3
May 11, 2004
Page 9 of 34
,-,-'-' --. ,- - - ,-
CONTRACT MODIFICATION
CHECKLIST FORM
PROJECT NAME: Countywide Paved Shoulders & Sidewalks
PROJECT #: 60016
BID/RFP #:
03-3528 MOD #: Two (2) AMOUNT OF THIS CHANGE $(40,871.08)
PO #: 4500018255
Work Order #:
CONTRACT AMOUNT: ORIGINAL $ 549,370.25 CURRENT $ 508,333.77
(STARTING POINT) (INCLUDING THIS CHANGE ORDER)
Last BCC Approved Amount $ 549.370.25
(lAST TOTAL AMT, REQUIRING Bce APPROVAL)
Date of Last BCC Approval
7/29/03
Agenda Item #
16811
Percentage of the change over/under current contract amount - 7_47 %
Formula: (Current Amount / Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported
to BCC on Purchasing report.
CURRENT COMPLETION DATE (S): ORIGINAL: 3/17/04 CURRENT: 4/612004
SUMMARY OF PROPOSED CHANGE (S): To adjust final Quantities based on field
measurements and - add items at desioner's reQuest for pedestrian safety. To add time to
manufacture and install Ceramic 8" RPM's.
JUSTIFICATION FOR CHANGE (S): Final field measurements and pedestrian safety. The
additional time is needed to manufacture and install the Ceramic 8" RPM'S to protect the crosswalks
at Shadowlawn and Pine on Estey. The Ceramic RPM'S were added durina the final review.
PARTIES CONTACTED REGARDING THE CHANGE: Lynn Thorpe. P.E.. Principal Project
Manaoer. Julio Ordonez. P.E.. TranspOrtation/Desion Operations. Senior Project manaoer. Mark
lindsay. Road Supervisor. Robbie Powell. Better Roads
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor NJA)
-:f.. Proposed change is consistent with the scope of the existing agreement
-:f.. Proposed change is in fact an addition or deletion to the existing scope
-:f.. Change is being implemented in a manner consistent with the existing agreement
-::!.. The appropriate parties have been consulted regarding the change
-::!.. Proposed prices, fees and costs set forth in the change are reasonable
PROJECT MANAGER RECOMMENDATION:
APPROVE: /2 ~~ ~
DISAPP~:
COMMENTS:
Date: 1/r/or
Date: (
REVISED 9/9/03
Agenda Item No. 16E3
May 11, 2004
Page 1 0 of 34
-. .- - -~.- -
/'-
CONTRACT MODIFICATION
CHECKLIST FORM
PROJECT NAME: Immokalee Road, Collier to 43rd Ave. N.E.
PROJECT #: 60018
BIDIRFP #: 02-3419
$ $155.711.41
PO #: 45-00002113
MOD#:
2
AMOUNT
OF
THIS
CHANGE
CONTRACT AMOUNT: ORIGINAL $
30.107.739.23
CURRENT
$
34.093.736.59
(STARTING POINT) (INCLUDING THIS CHANGE ORDER)
Last BCC Approved Amount $ 33.938,025.18
(LASTTOTALAMT. REQUIRING BCC APPROVAL)
Date of Last BCC Approval November 18. 2003
B- 6
Agenda Item #
16-
Percentage of the change over/under current contract amount 0.4 %
Formula: (Current Amount I Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC
on Purchasing report.
CURRENT COMPLETION DATE (S):
1"-
ORIGINAL:
October 14. 2007
CURRENT:
April 11. 2008
SUMMARY OF PROPOSED CHANGE (S): Repair existina box culvert.Add drainaae outfall pipes and
spartania Qrass ,Add electrical work for well field and residential service feed. Abandon 3 wells. Muck
Excavation. Chanae ARV sizes per Collier County utilities. install microwave detectors
JUSTIFICATION FOR CHANGE (S): Existina box culvert was found to need repair after water
was diverted for additions to box culvert. SFWMD reQuired two ditch outfall Dioes and sDartania
arass at our cocohatchee canal relocation that were not in the Dlans. Electrical service extensions
are reQuired by utilities in order to keep the raw water wells in service. These were not on the Dlans.
We had to emeraency relocate a Dower service at 11880 Immokalee Rd. due to safetY conditions and
the need to keep the residence with DOwer service.
Excavation of unsuitable material C MUCK) found durina normal clearina and arubbing that was not
known about or shown on the plans. Delete 1" ARV's and change to 2" ARV's as reQuired by
utilities for 36" water main
PARTIES CONTACTED REGARDING THE CHANGE: APAC- Southeast. Inc.. Johnson Enaineerina.
. Lynn Thorpe. Grecaa Strakaluse, SFWMD, Traffic Operations
,--
Agenda Item No. 16E3
May 11 , 2004
Page 11 of 34
Revised 8/22/03
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NIA)
_x- Proposed change is consistent with the scope of the existing agreement
_x- Proposed change is in fact an addition or deletion to the existing scope
_x- Change is being implemented in a manner consistent with the existing agreement
_x- The appropriate parties have been consulted regarding the change
-L Proposed prices, fees and costs set forth in the change are reasonable
PROJECT MANAGE.R REC~AT10N:
APPROVE: ~
DISAPPROVE:
Date:
Date:
C/p 7-01
COMMENTS:
Revised 8/22103
Agenda Item No, 16E3
May 11, 2004
Page 12 of 34
J~
CONTRACT MODIFICATION
CHECKLIST FORM
PROJECT NAME: North Naples Regional Park
PROJECT #:80602
BID/RFP #: 99-2947 MOD #:7
AMOUNT OF THIS CHANGE $54,925.00
PO #: 00-6510 Work Order #: n/a
CONTRACT AMOUNT: ORIGINAL $1,195,190.00 CURRENT $1,420,647.75
(STARTING POINT) (INCLUDING THIS CHANGE ORDER)
Last BCC Approved Amount $1,365,722.75
(LAST TOTAL AMT. REQUIRING BCC APPROVAL)
Date of Last BCC Approval: 6/2412003
Agenda Item #16( c)
Percentage of the change over/under current contract amount: +4%
Fo(~ula: (Current Amount I Last BCC approved amount)-1
ResJits and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to Bee
0:1 Purchasing report.
CURRENT COMPLETION DATE (S):
ORIGINAL: 8/8/2002
CURRENT: 7/30/2005
SUMMARY OF PROPOSED CHANGE (S): This Change Order #7 is in connection with architectural
revisions, engineering revisions, pennit modifications and a reimbursable expense budget increase.
Essentially, changes required by permit conditions, staff requests and associated modifications to
the plans have caused this contract modification. . .
JUSTIFICATION FOR CHANGE (5): This Change Order # 7 is justified as it is an addition to the
original scope of the project. It has been reviewed by Parks and Rec staff, Director, and the
Purchasing Contracts Agent. .
PARTIES CONTACTED REGARDING THE CHANGE: Consultant, Senior Project.¡Manager, Parks and
Recreation Director, Senior Purchasing Agent, Purchasing Contracts Agent, Public Services
Administrator
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor N/A)
_x- Proposed change is consistent with the scope of the existing agreement .
_x- Proposed change is in fact an addition or deletion to the existing scope
_x- Change is being implemented in a manner consistent with the existing agreement
_x- The appropriate parties have been consulted regarding the change
_x- Proposed prices, fees and costs, set forth in the change are reasonable
PROJECT MANAGER RECOMMENDATION:
APPROVE:
Date:
DISAPPROVE:
Date:
COMMENTS:
/-
Revised 8/22/03
Agenda Item No 16E3
May 11, 2004
Page 13 of 34
CONTRACT MODIFICATION
CHECKLIST FORM
PROJECT NAME: Naples Jail PROJECT #: 52008
qr
BID/RFP #: ~-2829 MOD #: 12 _AMOUNT OF THIS CHANGE (5,300.00)
PO #: 4500012306 Work Order #:
-.
CONTRACT AMOUNT: ORIGINAL $ 34,402,176.00 CURRENT $29,698,090.34
(STARTING POINT) (INCLUDING THIS CHANGE ORDER)
Last BCC Approved Amount $29,397,115.70
(lAST TOTAL AMT. REQUIRING BCC APPROVAL)
Date of Last BCC Approva19/9/03 Agenda Item # 16 F 1,
Percentage of the change over/under current contract amount 1.02 %
Formula: (Current Amount 1 Last BCC approved amount}-1
Results and Actions: If the change exceeds 10% BCe approval is required; under 10% reported
to BCC on Purchasing report.
CURRENT COMPLETION DATE (S): ORIGINAL: 6/13/05 CURRENT:6/13/05
SUMMARY OF PROPOSED CHANGE (S): To increase Direct Material Purchase Order for HuQhes
Supply for additional materials. II-dd1r~ ~~ ~~~ ~~O-(oC'~
~~. U 0 a .
JUSTIFICATION FOR CHANGE (S): Requested by the Kraft Construction.
PARTIES CONTACTED REGARDING THE CHANGE: Skip Camp, Jack CrOQnale
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)
Y - Proposed change is consistent with the scope of the existing agreement
Y - Proposed change is in fact an addition or deletion to the existing scope
Y - Change is being implemented in a manner consistent with the existing agreement
Y - The appropriate parties have been consulted regarding the change
Y - Proposed prices, fees and costs set forth in the change are reasonable
PROJECT MA ~G
APPROVE:
DISAPP
Date:
Date:
r/;'iþ t-
REVISED 9/9/03
Agenda Item No. 16E3
May 11, 2004
Page 14 of 34
- - -~-----~--
--u_--
CONTRACT MODIFICATION
CHECKLIST FORM
~
PROJECT NAME: Grey Oaks Public Safety Facility
PROJECT #: 52006
3
AMOUNT OF THIS CHANGE $1,502.09
BID/RFP #: 03-3493MOD #:
PO #: 4500013327 Work Order #:
CONTRACT AMOUNT: ORIGINAL $1,650,406.00- CURRENT $1,665,538.91
(STARTING POINT) (INCLUDING THIS CHANGE ORDER)
Last BCC Approved Amount $1,650,406,00
(lAST TOTAL AMT. REQUIRING BCC APPROVAL)
Date of Last BCC Approval 6/10/3 Agenda Item # 16 E 6
Percentage of the change over/under current contract amount.3"Wo lÞ q 2- flk fr .
Formula: (Current Amount / Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported
to BCC on Purchasing report.
CURRENT COMPLETION DATE (S): ORIGINAL: 6/16104 CURRENT 8/11104
SUMMARY OF PROPOSED CHANGE (5): EFCO Window Company added horizontal from
dividers at some of the louver openings. Now the HVAC contractor must furnish additional
louvers to conform to the new configuration resulting in additional cost.
~.
JUSTIFICATION FOR CHANGE (S): Could not get the type of windows that was originally
requested by owner and had to change.
PARTIES CONTACTED REGARDING THE CHANGE: Bob Pierce & Jack Croanale
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NIA)
- Y - Proposed change is consistent with the scope of the existing agreement
- y - Proposed change is in fact an addition or deletion to the existing scope
- Y - Change is being implemented in a manner consistent with the existing agreement
- Y - The appropriate parties have been consulted regarding the change
- Y - Proposed prices, fees and costs set forth in the change are reasonable
~~~~~~:Mp~MM ENDA TION: Date:..f / z.r / &f-
DISAPPROV : Date:
COMMENTS:
,-.
REVISED 9/9/03
Agenda Item No. 16E3
May 11, 2004
Page 15 of 34
E~t~'~ CßP'1
CONTRACT MODIFICATION
CHECKLIST FORM
PROJECT NAME:
lakeland Avenue Bridae
PROJECT #: 66042
BIDIRFP I: 03-3492 MOD I:
4
AMOUNT OF THIS CHANGE $(-151.509.10)
POI:
NJA
Work Order if::
NIA
CONTRACT AMOUNT: ORIGINAL $1.592.715.30 CURRENT $ 1.577.890.82
(STARTING POINT) (INCLUDING THIS CHANGE ORDER)
Last BCC Approved Amount $ NIA
(LAST TOTAL AIIT, REQUIRING BCC APPROVAL)
Date of Last BCC Approval
NIA
Agenda Item # NIA
-f1-
Percentage of the change over/under current contract amount =-9:5--: <13 %
Formula: (Current Amount I Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% Bee approval is required; under 10% reported to Bee
on Purchasing report,
CU~ENT COMPLETION DATE (S):
ORIGINAL:
Januarv 24. 2004
CURRENT:
March 4. 2004
SUMMARY OF PROPOSED CHANGE (S): Item 11 thru #46: Decrease the plan Quantities to the final
measured pay Quantities Items #47 thru #65; Increase the final measured pay àuantities Items
#66 thru , 67; Pay items added to the contract to complete the contract
JUSTIFICATION FOR CHANGE (S):
To adjust the contract to the final Quantities.
PARTIES CONTACTED REGARDING THE CHANGE: Lvnn Thorpe P.E.- Principle Proiect Mansaer. Eddie
Martin - TECM Field Project Manaaer. James "Vee" Lofton - HDR-CCe Project EnQineer. Thomas Woosley
- HDR eee Sr. Insœctor/Office Enaineer.
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y,N or NlA)
-L Proposed change is consistent with the scope of the existing agreement
2- Proposed change is in fact an addition or deletion to the existing scope
-L Change is being implemented in a manner consistent with the existing agreement
-L The appropriate parties have been consulted regarding the change
-L Proposed prices, fees and costs set forth in the change are reasonable
PROJECT MAN.aGER RECOMMENDATION:
APPROVE: éd~ r>i AJL1:::;
DISAPPROVE:
Date:
Date:
4 - J.t,.o t./
COMMENTS:
Agenda Item No. 16E3
May 11 , 2004
Page 16 of 34
Revised 8/22/03
CONTRACT MODIFICATION
CHECKLIST FORM
PROJECT NAME: Collier County Emergency Services
PROJECT #: 52160
2
AMOUNT OF THIS CHA~GE ($1,747.00)
BIDIRFP #: 03-3448 MOD #:
PO #: 4500012091 Work Order #:
CONTRACT AMOUNT: ORIGINAL $ 1,859,000.00 CURRENT $1,870,650.00
(STARTING POINT) (INCLUDING TH1S CHANGE ORDER)
Last BCC Approved Amount $1,859,000.00
(lAsT TOTAL AMT, REQU1R1NG ace APPROVAL)
Date of Last BCC Approval 6/1012003
Agenda Item # 16 E 8
percenta5Je. of the change over/under current contract amount .630/.
Formula: (Current Amount / Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported
to BCC on Purchasing report.
CURRENT COMPLETION DATE (5): ORIGINAL: 1/1/06 CURRENT: 1/1/06
SUMMARY OF' PROPOSED CHANGE (S): Revision of Change Order # 1 for providing PUD
Amendment to delete the HJCT overhead & profit. not allowed in the contract.
JUSTIFICATION FOR CHANGE (S): Requested by Finance
PARTIES CONTACTED REGARDING THE CHANGE: Jack Croonale. Skip Camp
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor NlA)
- Y - Proposed change is consistent with the scope of the existing agreement
- Y - Proposed change is in fad an addition or deletion to the existing scope
- Y - Change is being implemented in a manner consistent with the existing agreement
- Y - The appropriate parties have been consulted regarding the change
- Y - Proposed prices, fees and costs set forth in the change are reasonable
PROJECT MA?~~ENDA TION:
APPROVE: -
DISAPP~:
COMME S:
Date: ~~,../ c> r
Date: I
REVISED 9/9/03
Agenda Item No. 16E3
May 11 , 2004
Page 17 of 34
Page 1 of 4
ADMINISTRATIVE CHANGES TO WORK ORDERS REPORT
April 2004
Item
Recpt.
Date
Vendor Name,
Project #,
Work Order #
Department
Previous
Work Order
Amount
Change Revised O/OChange BCC
$ Amount W.O. Reporting
Amount Date
$5,310.00 $31,810.00 20,04% May 11, 2004
---- -.-.----
1.
3/31/04
Agnoli, Barber&
Brundage, Inc.
52043
Rezone of Government Complex
ABB- FT -03-04
01-3290- Fixed Term Engineering
Change #1
Facilities
$26,500.00
Qyerview of Chanaes: This change represents an Owner requested change that encompasses the preparation of landscape buffer exhibits
for Collier County Government Complex PUD amendment. The dollar amount of this change is under the $10,000 limit and is within the
$90,000 work order threshold.
2~- 4/1/04 Greeley & Hansen
70202
County Utility Standards
GH-FT-03-09
00-3119
Change #2
rUED
$61,849.00
$17,412.00
$79,261.00
28.15%
May 11, 2004
Overview of Chanaes: This change is the net results of additional time allotted for meetings due to delay in the project which was a direct
result of more responses than anticipated from subcommittee and 200 comments mailed to the consultant. Response to and incorporation of
utilities subcommittee comments to third draft of document and addition of several utilities standards drawings into the Standards Manual.
This agreement has a $3 million annual contract per year. Hence, all changes reported are within the threshold and are reported
administratively.
3.
4/5/04
Bonness, Inc. Transportation
66065
Palm Drive/Harrison Road Intersection Improvements
BOC-FT-04-04
02-3327
Change # 1
$31,435.14
$1,908.48
$33,333.62
6,.07%
May 11, 2004
Overview of Changes: This change adds to the work order additional traffic control devices and adjustment of quantities to match actual
field measurements and conditions. This additional work will provide enhanced safety for the intersection operation,
.. - roL Aaenda Item ~Q._16E3
Adnumstratlve '-Ilange tò Work 'JOO:i~"ff!'2004
April 2004 1 of 4f'age 18 of 34
ADMINISTRATIVE CHANGES TO WORK ORDERS REPORT
April 2004
Page 2 of 4
Item
Recpt.
Date
Vendor Name,
Project #,
Work Order #
Department
Previous
Work Order
Amount
Change
$ Amount
Revised
W.O.
Amount
%Change
Bce
Reporting
Date
4. 4/6/04
Tilden, Lobnitz
Cooper
73945
Pump Station Improvements 103
TLC-FT-O4-01-A
01-3289
Change #1
PUED
$12,000.00
$1,150.00
$13,150.00
9.5%
May 11, 2004
Ov~iew of Changes: Due to the increased capacity in the electrical load for the replacement pumps, it was necessary to seek engineering
and design services for a new generator for the facility. This change represents the addition of Task 4 to the Work Order.
5.
4/14/04
Coastal Planning
& Engineering
90527
Major Beach Renourishment
CPE-FT-03-08
01-3271
Change #1
PUED
$100,000.00
$0
$100,000.00
0%
May 11, 2004
Overview of Changes: Additional staff, outside of those listed in Schedule A of the contract was required to complete this job. This
Change adds these positions to the work order and enables Finance to pay the invoice. This change does not impact the cost of the work
order.
April 2004
Ad .. . Ch Aaenda ~m t;J.!L16E3
mmlstratlve ange tOWork ~V'f1",~OO4
2 of 4?age Hi af 34
¿,
Page 3 of 4
ADMINISTRATIVE CHANGES TO WORK ORDERS REPORT
April 2004
Item
Recpt.
Date
Vendor Name,
Project #,
Work Order #
Department
Previous
Work Order
Amount
Change
$ Amount
Revised
W.O.
Amount
O/OChange
BCC
Reporting
Date
6.
4/16/04
PUED
$56,728.00
($750.00)
$86,668.00
52.78% May 11, 2004
Overall
percentage changes.
Southwest
Utility Systems, Inc.
70071 & 73065
UC-057
Utility Relocations for Davis & Collier Boulevard Intersection
02-3345
Change #2
Overview of ChanGes: The 16" PVC, DR-18 was reduced by 5 LF as originally estimated amount for the relocation of the water main.
--------------
7. 4/16/04
Greeley and
Hansen, LLC
SCRWTP 20 MGD Expansion
GH-FT-02-3
00-3119
Change # 3
PUED
$483,275.00
$186,016.00
$669,291.00
38.5%
May 11, 2004
Overview of ChanGes: Since the time that Amendment No.1 was authorized, several well and pipeline easement locations have changed.
The original legal descriptions and sketches were prepared for gift and purchase acquisition and not based on actual survey. Amendment No.
2 includes surveying services necessary to prepare the revised legal descriptions and sketches showing all actual bearings and distance. The
Amendment also allows for additional time for meetings with property owners and time to prepare for condemnation hearings, This
agreement has a 3 million annual contract per year. Hence, all changes reported are within the threshold and are reported administratively.
The Clerk of Courts Finance department reviewed this work order change; all parties agree that this item can be reported administratively,
April 2004
Ad .. . Ch Aaenda!!gill ~Q._16E3
ffilnlStra1!ve ange ro Work ~~~~O04
3 of 4?age 20 of 34
Page 4 of 4
ADMINISTRATIVE CHANGES TO WORK ORDERS REPORT
April 2004
~~--~~-~
Vendor Name,
Project #,
Work Order #
Department
Previous
Work Order
Amount
Change
$ Amount
Revised
W.O.
Amount
OfoChange
BeC
Reporting
Date
Item
Recpt.
Date
8. '~::'7/04
Pitman-
Hartenstein &
Associates
lmmokalee Fifth St.
Ditch Project
PHA- FT -03-02
01-3290
Change #1
Storm water $45,190.00
Management!
Road Maintenance Department
$13,180.00
$59,090.00
28.71%
May 11, 2004
~rview of Change: Represented within this change order is the addition of CEl services to the project. At the time the work order was
established, it was believed that Collier County staff would complete this portion of the project. Due to other project commitments, County
staff IS not available to perform the CEl services as anticipated; to complete the necessary CEl portion of the project, the original work order
was amended. The change order dollar amount falls within the $90,000 work order cap and is reported administratively.
ApriJ 2004
Ad .. . ....... Aaenda Item ~Q._16E3
mlmstra11ve "uange IiYWorJ( ~~"ft"",~OO4
4 of 4f:íage 21 of 34
------
CONTRACT MODIFICATION
CHECKLIST FORM
PROJECT NAME: Rezone of the Government Complex PROJECT #: 52043
BID/RFP 01-3290 MOD #:
1
AMOUNT OF THIS CHANGE $ 5,310.00
PO #: 4500010850 Work Order #:ABB FT 03-04
CONTRACT AMOUNT: ORIGINAL $ 26,500.00 CURRENT $31,810.00
(STARTING POINT) (INCLUDING THIS CHANGE ORDER)
Last BCC Approved Amount $ N/A
(LAST TOTAL AMT. REQUIRING ~cc APPROVAL)
Date of Last BCC Approval
NJA
Agenda Item #
Percentage of the change over/under current contract amount 20.04%
Fo-íT"j!a: (Current Amount / Last BCC approved amount)-1
ResL.ts and Actions: If the change exceeds 10% BCC approval is required; under 10% reported
to BCC on Purchasing report.
CURRENT COMPLETION DATE (8): ORIGINAL: Unknown CURRENT: Unkown
SUMMARY OF PROPOSED CHANGE (S):Prepare Landscape Buffer exhibits for Collier County
Government Complex PUD amendment.:.
JUSTIFICATION FOR CHANGE (S):
Owner Requested
PARTIES CONTACTED REGARDING THE CHANGE: Skip Camp. Jack CroQnale
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor N/A)
- Y - Proposed change is consistent with the scope of the existing agreement
- Y - Proposed change is in fact an addition or deletion to the existing scope
- Y - Change is being implemented in a manner consistent with the existing agreement
- Y - The appropriate parties have been consulted regarding the change
- Y - Proposed prices. fees and costs set forth in the change are reasonable
PROJECT MAN
APPROVE:
DISAPPR
DATION:
Date:
Date:
ð'/ð"/Jð'~
/ '
COMM
REVISED 9/9/03
Agenda Item No. 16E3
May 11 . 2004
Page 22 of 34
CONTRACT MODIFICATION
CHECKLIST FORM
PROJECT NAME:
County Utility Standards
PROJECT #:
70202
BID/RFP #:
00-3119 MOD #:
2
AMOUNT OF THIS CHANGE $ 17,412
PO#:
4500013264
Work Order #:
G H-FT -03-09
CONTRACT AMOUNT: ORIGINAL $ 30,000 . CURRENT $ 79,261
(STARTING POINT) "(INCLUDING THIS CHANGE ORDER)
Last BCC Approved Amount $ 61,849
(LAST TOTAL AMT. REQUIRING BCC APPROVAL)
Date of Last Bce Approval
1 0/28/03
Agenda Item #
16.C.9
Percentage of the change over/under current contract amount 28 %
Formula: (Current Amount / Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported
to BCC on Purchasing report.
CURRENT COMPLETION DATE (5): ORIGINAL:
3/3/04
CURRENT:
4/19/04
SUMMARY OF PROPOSED CHANGE (5): 1) Attendance of additional Utilities
Subcommittee meetings March and April due to delay in project due to more resoonses than anticicated
from Subcommittee and 200 comments em ailed to Consultant 11/03 which Consultant said they never
received until mid-1/04: attendance needed to finish project. 2) ResDÇJnse to and incorooration of Utilities
Subcommittee comments to Third Draft and incorporation of G&H's recommended imcrovements to the
Third Draft. not included in original scope 3) Addition of several Utilities Standard Detail DrawinQs into
Standards Manual: original scope Was for meroinQ of existinQ Specifications and Standards Manual. not for
additional drawings: needed to add Grease Trap and Horizontal Directional DrillìnQ Detail DrawinC s: and 4)
Additional printing exoenses: copies of Final Draft in ring binder form instead of in non-ring binder form:
additional labor to produce electronic copies of Final Draft,
/
JUSTIFICATION FOR CHANGE (S): To save rate payers money: to ensure the
quality of new utilities systemsllines beina put in by Developers and County Public
Project contractors.
PARTIES CONTACTED REGARDING THE CHANGE: Tim" Moore. Ron Parker and Rooer
Howell of Greeley & Hansen: Karl Boyer, Paul Mattausch. Joe Cheatham, Roy Anderson. Ron
Hovel! and Jim DeLony of Public Utilities: Linda Jackson. Lyn Wood and Steve Carnell of
Purchasina
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NlA)
l Proposed change is consistent with the scope of.the existing agreement
l Proposed change is in fact an addition or deletion to the existing scope
l Change is being implemented in a manner consistent with the existing agreement
l The appropriate parties have been consulted regarding the change
l Proposed prices, fees and costs set forth in the change are reasonable
PROJECT MANAGER RECOMMENDATION:
REVISED 9/9/03
Agenda Item No. 16E3
May 11, 2004
Page 23 of 34
"",--"C"-
APPROVE:
DISAPPROVE:
x
Date:
Date:
3/29/04
COMMENTS:
REVISED 9/9/03
Agenda Item No. 16E3
May 11, 2004
Page 24 of 34
--- - --_.~--
CONTRACT MODIFICATION
CHECKLIST FORM
PROJECT NAME:
Palm Drive/Harrison Road Intersection Improvements
PROJECT #: 66065
BID/RFP #: 02-3327 MOD #: 1 AMOUNT OF THIS CHANGE $ 1,908.48
PO #: 4500021320 Work Order #: BOC-FT-O4-O4
CONTRACT AMOUNT: ORIGINAL $ 31,425.14 CURRENT $33,333.62
(STARTING POINT) (INCLUDING THIS CHANGE ORDER)
Last BCC Approved Amount $_N/A .
(LAST TOTAL AMY. REQUIRING BCC APPROVAL)
Date of Last BCC Approval_N/ A
Agenda Item # _N/A
Percentage of the change over/under current contract amount 6%
Formula: (Current Amount / Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC
CIl Purchasing report,
CURRENT COMPLETION DATE (S):
ORIGINAL: 2-5-04
CURRENT:4-~
SUMMARY OF PROPOSED CHANGE (S): The purpose of this chanQe order is to add to the work order
amount for additional traffic control devices and adjustment of quantities to match actual field measurements
and conditions.
JUSTIFICATION FOR CHANGE (S):
operation.
To provide enhanced' safety for the intersection
PARTIES CONTACTED REGARDING THE CHANGE:
Construction Manaqement Department
Bonness. Inc.. Transportation Enqineerinq and
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NIA)
::í Proposed change is consistent with the scope of the existing agreement
::L Proposed change is in fact an addition or deletion to the existing scope
':i. Change is being implemented in a manner consistent with the existing agreement
Y The appropriate parties have been consulted regarding the change
~ Proposed prices, fees and costs set forth in the change are reasonable
:~~~~~~:MAN~~~JJ1W Date: ~~ -:~ / - Û L{
DISAPPROVE: Date:
COMMENTS:
Revised 8/22/03
Agenda Item No, 16E3
May 11, 2004
Page 25 of 34
.------ .. -.
--- - ----
-------- Un
~
CONTRACT MODI FICA TJON CHECK LIST
CONSTRUCTION AND CONSULTANT AGREEMENTS
CONTRACT MODIFICATION
CHECKLIST FORM
PROJECT NAME: Pump Station Improvements 103 PROJECT#: 73945
32-h'
BID/RFP #: 01-a200 MOD #: 1 AMOUNT OF THIS CHANGE $ 1.150.00
POt:
20645
Work Order I:
_T':-.t!- .-éf"-:.e'l-DI-A
CONTRACT AMOUNT: ORIGiNAl $ 12.000,00 CURRENT $ $13~ 150.00
(STARTING POINT) (INCl.UDlNG THIS CHANGE ORDER)
Last BCC Approved Amount $ N/A
(LAST TOTAl AIIT.REQUIRJNG acc APPROVAL)'
Date of Last BCC Approval N/A
Agenda Item #
NJA
Percentage of the change over/under current contract amount 9.5 %
Formula: (Current Amount I Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC
on Purchasing report. "
CURRENT COMPLETION DATE (8):
ORIGINAL:
Feb 24. 2004
CURRENT:
March 31. 2004
SUMMARY OF PROPOSED CHANGE (5): This work order is for the enaineerioo and desian of a new
Generator for the facility.
JUSTIFICATION FOR CHANGE (S): A work order was issued to TLC to deskm the electrical
load for the replacement of the pumpS with an additional pump. However, due to the increase in caoacitv
the enQineerina deskm warranted hiaher capacity pumpS. Therefore. this condition warranted the existina
qenerator to be removed and a new aenerator to be desianed to accommodate the hiaher capacity pumps.
PARTIES CONTACTED REGARDING THE CHANGE:
Enqineer.
., ".
Bill Mullin. Dennis McGee. Frank lozano. DesiQn
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor NIA)
l Proposed change is consistent with the scope of the existing agreement
l Proposed change is in fact an addition or deletion to the existing scope
l Change is being implemented in a manner consistent with the existing agreement
L The appropriate parties have been consulted regarding the change
L Proposed prices, fees and costs set forth in the change are reasonable
~~~~~~~DATJON: Date: --4/J 1.04
DISAPPROVE:, Date:
COMMENTS:
Revised 8/22/03
Agenaa Item NO. 16E3
May I I, 2004
Page 26 of 34
-,
CONTRACT MODIFICATION
CHECKLIST FORM
PROJECT NAME:
Maior Beach Renourishment
PROJECT #:
90527
BID/RFP #:
01-3271
MOD#:
1
AMOUNT OF THIS CHANGE $ 0
PO#:
4500023850
Work Order #:
CPE-FT -03-08
CONTRACT AMOUNT: ORIGINAL $ ,100,000
(STARTING POINT)
CURRENT $ 100,000
(INCLUDING THIS CHANGE ORDER)
Last BCC Approved Amount $ 100,000 '
(LAST TOTAL AMT. REQUIRING BCC APPROVAL)
Date of Last BCC Approval
12/16/03
Agenda Item #
16,C.11
Percentage of the change over/under current contract amount 0 %
Formula: (Current Amount / Last BCC approved amount)-1
F -,suits and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BGC
on Purchasing report.
CURRENT COMPLETION DATE (8):
ORIGINAL:
none
CURRENT:
SUMMARY OF PROPOSED CHANGE (S): add 15 rate & cost cateqories to contract 01-3271
JUSTIFICATION FOR CHANGE (5): these additional staff are required to complete the work and
the addition of this staff does not impact the cost of the work order, it is to enable Finance to pay.
PARTIES CONTACTED REGARDING THE CHANGE:
IMPLEMENTATION STEPS (Verify each before proceeding with change using V, N or NJA)
- Proposed change is consistent with the scope of the existing agreement
- Proposed change is in fact an addition or deletion to the existing scope
- Change is being implemented in a manner consistent with the existing agreement
- The appropriate parties have been consulted regarding the change
- Proposed prices, fees and costs set forth in the change are reasonable
PROJECT MANAGER RECOMM~QN:
APPROVE: RS, COX ,tnv
DISAPPROVE: 7
Date:
Date:
4/1/04
COMMENTS:
Revised 8/22/03
Agenda Item No. 16E3
May 11, 2004
Page 27 of 34
CONTRACT MODIFICATION
CHECKLIST FORM
PROJECT NAME: Utility Relocations for Davis & Collier Blvds. Intersection
PROJECT #: 70071 & 73065
BID/RFP #: 02-3345 MOD #: L- AMOUNT OF THIS CHANGE ($750.00)
PO #: 4500013253 Work Order #: UC-057
CONTRACT AMOUNT: ORIGINAL $ 56,728.00 CURRENT S 86,668.00
(STARTING POINT) (INCLUDING THIS CHANGE ORDER)
Last BCC Approved Amount $ 0
(LAST TOTAL AMT, REQUIRING BCC APPROVAL)
Date of Last BCC Approval
N/A
Agenda Item #
N/A
Perc. en. tage of the change over/under current contract amount NIA . % ( Sl. 7 ¡- '1, )
Formula: (Current Amount I Last BCC approved amount)-1 o~
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported
to BCC on Purchasing report,
CURRENT COMPLETION DATE (8): ORIGINAL: 10-10-03
CURRENT: 1-31-04
SUMMARY OF PROPOSED CHANGE (S): Reduce quantity of 16" PVC, DR-18 pipe bv 5 LF.
JUSTIFICATION FOR CHANGE (S):Relocation of water main required 5 feet less pipe than
estimated.
PARTIES CONTACTED REGARDING THE CHANGE:
Director.
Contractor, Desion Consultant, Water
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NlA)
- Y - Proposed change is consistent with the scope of the existing agreement .
- Y - Proposed change is in fact an addition or deletion -to the existing scope
- Y - Change is being implemented in a manner consistent with the existing agreement
- Y - The appropriate parties have been consulted regarding the change
- Y - Proposed prices, fees and costs set forth in the change are reasonable
PROJECT MANAGER RECOMMENDATION:
APPROVE: ~......1d.- ~ ~
DISAPPROVE:
Date: March 26. 2004
Date:
COMMENTS:
REVISED 9/9/03
Agenda Item No. 16E3
May 11, 2004
Page 28 of 34
CONTRACT MODIFICATION
CHECKLIST FORM
PROJECT NAME: SCRWTP 20 MGD Expansion
PROJECT #: 708921
BIDIRFP #: 00-3119
MOD #: 3
AMOUNT OF THIS CHA~GE $ 186.016
PO #: 204970
Work Order #: GH-FT-02-3
CONTRACT AMOUNT: ORIGINAL $ 391.365 CURRENT $ 669.291
(STARTING POINT) (INCLUOING THIS CHANGE ORDER)
Last BCC Approved Amount $ 483.275
(lAST TOTAL AMT, REQUIRING BCC APPROVAL)
Date of Last BCC Approval 9/09/2003
,
Agenda Item # 16 (c) 5
Percentage of the change over/under current contract amount 38.5%
Formula: (Current Amount! Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported
to BCC on Purchasing report.
CURRENT COMPLETION DATE (S): ORIGINAL: 7/01/2004
CURRENT: 5/31/2005
SUMMARY OF PROPOSED CHANGE (S): Amendment No.2 includes survevina services
necessarv to prepare revised leaal descriptions and sketches showina actual bearinas and
distances, an allowance for additional time for meetinas with propertv owners and their
representatives and meetinas and time to prepare for condemnation hearinas.
JUSTIFICATION FOR CHANGE (S): Since authorization of Amendment No.1. several well and
pipeline easement locations have chanced. There are currentlv 101 permanent and temporarY
easements plus 37 access easements proposed. The oriainal leaal descriptions and sketches
were prepared for aift and purchase aCQuisition and not based on actual survev.
PARTIES CONTACTED REGARDING THE CHANGE: Purchasina (L. Wood), PU Enaineerina
rN. Mullin. K, Bover), ProDertv ACQuisition & Construction Manaaement (T. Mott)
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)
y..- Proposed change is consistent with the scope of the existing agreement
y..- Proposed change is in fact an addition or deletion to the existing scope
Y- Change is being implemented in a manner consistent with the existing agreement
Y- The appropriate parties have been consulted regarding the change
Y-Proposed prices, fees and costs set f rth in the change are reasonable
COMMENTS:The terms of this contract, as aDProved bv the Board, allow Mr. DeLonv to
approve this amendment without Board review even when it exceeds the $90.000 criteria. This
action is necessarv to continue without delav the easement aCQuisition work necessarv for the
timelv completion of the project. Anv interruption of this process at this time would seriouslv
jeopardize the work that the Propertv Acauisition Department has accomplished to date.
Date: ~
Date:
PROJECT
APPROVE
DISAPPROVE:
REVISED 9/9/03
Agenda Item No. 16E3
May 11, 2004
Page 29 of 34
CONTRACT MODIFICATION
CHECKLIST FORM
PROJECT NAME: ::;:::ï11r11 J FI F1lf Sï7êEF.-r- !:JlTLff PROJECT #: 6/72S'
BID/RFP #: 01-32'10 MOD #: AMOUNT OF THIS CHANGE $ 13 /GO
. ,
PO #: 4.ÇCQ:O7/2Q Work Order #: PH-A-Fí- ðS -02-
CONTRACT AMOUNT: ORIGINAL $ 46~ q Iö CURRENT $. Š 9,0'10. oò
, (STARTING POINT) (INCLUDING THIS CHANGE ORDER)
Last BCC Approved Amount $ r"-l / A- .
(LAST TOTAL AMT. REQUIRING Bce APPROVAL)
Date of Last BCC Approval
N/it
Agenda Item # ~
Percentage of the change over/under current contract amount 26-.7 %
~7cr:!ula: (Current Amount I Last BCC approved amount)-1
Resuits and Actions: If the change exceeds 10% BCC approval is required; under 10% reported
to BCC on Purchasing report, .
CURRENT COMPLETION DATE (S): ORIGINAL:
Q/I6"/o:S CURRENT:
.
lIlt /tY4
.
SUMMARY OF PROPOSED CHANGE (S):
\¡ve~~ OfLD¡;:fZ..
ADD c..F-J:
s;:;¿ Ii!.VL < ¡;;;:s.
""7"õ dl2/G1NAL
JUSTIFICATION FOR CHANGE (S): . e£I S6tZ.vtcE.J: l.N~ ~ðf PÆ-i2-,
ðF THE OfZJ.C:::'~AL voT2!~ O~£fZ €f3CA<.;).E IT 1N;4-.s ~Hì
T1+AT C-E:r: V\..Ct.J....i, ß.J::=. COrt-1pl-¿T'£A f3 'r' CoL.L-1 (;"fl.. COUN7L(
.STAFF , CA-J~t.JTt-'( SïI+6=F IS NCT AUA /L..AßLc
PARTIES CONTACTED REGARDING THE CHANGE: 'Tte.A/-JS D Ví.Slð'kJ ~'^J?
Pu~~Slfób J'j£P¡-, , IivTf'V1. RcAlJ MAtN~c..Þ DEPT.
,
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor N/A)
..:!: Proposed change is consistent with the scope of the existing agreement
I.;-' Proposed change is in fact an addition or deletion to the existing scope
I(' Change is being implemented in a manner consistent with the existing agreement
I( The appropriate parties have been consulted regarding the change
V Proposed prices, fees and costs set forth in the change are reasonable
PROJECT M~C9~K~ON:
APPROVE:. ~
DISAPPROVE:
Date: -1lz~/C>4-
Date: .
COMMENTS: 7HJ$ ~I4L IS A- It f<ET:xJ:> I, of A- 1Aa2I¿ o(Z.DfÇ¡¿
AvI-1ËNDW1E:NT ~ I' .Dt FFF.J2~E: IS TH-LS AM£nûMs/U'-,- 'oS
FC¥L 5/ 6~1 FI4\-AJT1.,,'(' LF-ss. !IV \nt ~o £5.:5 «£QI,)/JI2.EQ .
REVISED 9/9/03
Agenda Item No. 16E3
May 11 2004
Page 30 of 34
-~-
--
Page 1 of 4
ADMINISTRATIVE CHANGE ORDER REPORT
April 2004
Item Receipt Vendor Name, Department Change Previous Change # New Contract % Change BCC
Date Project $ Amt. BCC$ Amount Reporting
Contract # Approval Date
1. 3/30/04 M.J. Simpson Facilities Mgmt. ($3,829.12) $490,000.00 No.4 $526,044.88 7.36% May 11, 2004
Immokalee Branch Ubrary Expansion
02-3405
Ov~rview of Change: Change No.4 represents the revision to change order numbers 1, 2 & 3 for correction of Contractor's mar1<-up Per Beth Maxwell in the
Cer1<s Finance Department.
2.
3/30/04
Ajax Paving Transportation
Goodlette-Frank Road Widening
02-3424
$59,795.52
$13,352,929.29
No. 15
$13,515,798.21
1.22%
May 11, 2004
Overview of Change: Change No. 15 is the net results of additive and reductive changes in materials to the project. These changes are due
to field conditions and cover roadway, water main and force main work covered under the project.
3.
3/31/04
Youngquist PUED
Brothers
Deep Injection Well #2, SCWRF
01-3193
$45,000.00
$2,775,780.00
No.1
$2,820,780.00
1.62%
May 11, 2004
Overview of Change: This change covers the construction of a temporary noise barrier and continues the Good Neighbor policy for the adjacent residences.
The well drilling operations will be ongoing, a better quality sound barrier is required. This appurtenance was not required under the original contract.
April 2004
Administratlv~a Item No. 16E3
Order Repro May 11,2004
lof4 Page 31 of 34
Page 2 of 4
ADMINISTRATIVE CHANGE ORDER REPORT
April 2004
Item
Receipt
Date
Vendor Name,
Project
Contract #
Department
Cnange
$ Amt.
Previous
BeC $
Approval
Change # New Contract
Amount
% Change
BCC
Reporting
Date
~-~--~
4, 4/1/04
APAC-Southeast Transportation
Immokalee Road
02-3419
Refer to Overview $33,938,025.18
of Change
Adjustments totaling:
($584,839.78)
No.2
$33,938,025.18
0%
May 11, 2004
Overview of Cnanae: Two change orders were reported on the BCC Administrative reports, which were never implemented by the submitting department.
Change Order #2, Ratified by the BCC on December 16, 2003 in the amount of $398,449.78 and Change Order #2, Ratified by the BCC on March 9, 2004 in the
amount of $186,390. The submittal of this ¡nfonnation is to advise the BCC that the contract increases as reported and ratified are null and void. This change
order reverses these items, as a result the contract reverts back to the last BCC approved amount of $33,938,025.18. The final and corrected version of
change order No.2 appears as item No.7 in this report
5. 4/7/04
Kraft
Construction
Naples Jail
52008
98-2829
Facilities Mgmt
$4,731.09
$29,397,115.70
No. 12
$29.703,390.34
1.04%
May 11, 2004
Overview of Changes: This change includes additional costs due to the corrections made to Change Order No. 10 (the third floor build out) at the direction of
Finance, corrections were made to adjust the following: Labor and Labor Burden rates, construction contingency, bond general liability and fee amounts.
6. 4/9/04
Better Roads Transportation ($40,871.08)
Countywide Paved Shoulders & Sidewalks
60016
03-3528
$549,370.25
No,2
$508,333.77
-7.47%
May 11, 2004
Overview of Changes: Net results of final adjustments to quantities based on field measurements and to add items for pedestrian safety. Additional time is
added to manufacture and install ceramic 8" RPM's to protect crosswalks at Shadowlawn and Pine on Estey.
April 2004
Admìnístrativ~a Item No. 16E3
Order Report May 11, 2004
2 of 4 Page 32 of 34
Page 3 of 4
ADMINISTRATIVE CHANGE ORDER REPORT
April 2004
Item Receipt
l:ate
7. 4;14/04
Vendor Name,
project
Contract #
Department
Change
$ Amt.
Previous
BCC$
Approval
Change # New Contract
Amount
% Change
see
Reporting
Date
APAC-
Southeast, Inc.
Immokalee Road, Collier Boulevard to 43rd Avenue N.E.
60018
02-3419
Transportation
$155,711.41
$33,938,025.18 No.2 $34,093,736.59
(Revised, see No.4 above)
.460/0
May 11, 2004
Overview of ChanGes: This change covers the following items, 1. Repair existing box culvert, 2. Add drain outfall pipes and spartania grass, 3. Add electrical
wori< for well field/residential service feed, 4. Abandon 3 wells, 5. Much excavation, 6. Change ARV sizes per COllier COunty Utilities, 7. Install microwave
detectors.
--~ -------
8.
4/15/04
Bellomo-Herbert
North Naples
Regional Pari<
80602
99-2947
parks&
Recreation
$54,925.00
$1,365,722.75
No.7
$1,420,647.75
4.02%
May 11, 2004
Overview of ChanGes: This change order represents architectural revisions; engineering revisions, pennit modifications and a reimbursable expense budget
increase. These changes are the results of pennit conditions, staff requests and associated modifications to the plans.
9,
4/19/04
Kraft
COnstruction
Naples Jail
52008
98-2829
Facilities Mgmt.
($5,300.00)
$29,397,115.70
No. 13
$29,698,090,34
1.02%
May 11, 2004
Overview of ChanGes: This deductive change order to the contract is reflective of the County's partidpation in direct material purchase, thus allowing
additional savings to the job. The increase covers the purchase of additional fire sprinkler fittings; more were required by fire code than originally detennined in
the design.
April 2004
Administraliv~a Item No. 16E3
Order Report May 11, 2004
3 of 4 Page 33 of 34
Page' d 4
ADMINISTRATIVE CHANGE ORDER REPORT
April 2004
It~m
~,,<:eipt
Vendor Name,
Project
Contract #
Department
Change
$ Amt.
Previous
BCC $
Approval
Change # New Contract % Change BCC
Amount Reporting
Date
No.3 $1,665,538.91 .92% May 11,2004
1C
',H
Vanderbilt Fadlities Mgmt
Bay Construction
Grey Oaks Public Safety Fadlity
52006
03-3493
$1,502.09
$1,650,406.00
Q..vJ:.~ of Changes: The original style windows that were requested by Owner were not available, the alternate window has horizontal dividers at some of
It,e louvered openings, as a result of the change in window type, the HVAC contractor needs to furnish additional louvers to conform to the new configuration
which resuits In this additional cost to the project.
11.
4/22,04
Lakeland Transportation
Avenue Bridge
66042
03-3492
($151,509.10)
$1,592,715.30
No.4
$1,577,890.82
-.93%
May 11, 2004
~erview of ChanGeS: This change represents the net results of additions and reductions to the plan quantities to adjust the contract to the final quantities
used.
12.
4/22/04
Collier County Facilities Mgmt.
Emergency Services
52160
03-3448
($1,747.00)
$1,859,000.00
No.2
$1,870,650,00
.63%
May 11, 2004
Overview of ChanGeS: Change Order No.2 has been generated to correct Change Order No.1 for providing PUD Amendment to deleted the Harvard Jolly
Clees and Toppe overhead and profit, which is not allowed for in the contract.
April 2004
AdministratiY~a Item No. 16E3
Order Report May 11, 2004
4 of 4 Page 34 of 34
,,-
EXECUTIVE SUMMARY
Recommendation to approve additions to the 2004 Fiscal Year Pay and Classification Plan
made from April 7, 2004 through April 30, 2004.
OBJECTIVE: For the Board of County Commissioners to approve additions to the 2004 Fiscal
Year Pay and Classification Plan.
CONSIDERATION: Attached as Exhibit 1 arc the proposed additions to the County's 2004
Fiscal Year Pay and Classification Plan that were made between April 7, 2004 and April 30,
2004. These changes result from development of new or reinstatement of fonner classifications
that have occurred since the Pay and Classification Plan was approved in September 2003.
FISCAL IMPACT: The results of these actions will have a fiscal impact to the County for
minimal salary adjustments which are absorbed by individual departments.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary,
~,
RECOMMENDATION: That the Board of County Commissioners approve the additions to
the 2004 Fiscal Year Pay and Classification Plan.
"~
1
Agenda Item No. 16E4
May 11, 2004
Page 1 of 3
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16E4
Recommendation to approve additions to the 2004 Fiscal Year Pay and
Classification Plan made from April 7, 2004 through April 30.2004.
5í11/2004 9:0000 AM
Prepared By
Donald Albonesi
Administrative Services
Compensation Manager
Approved By
Human Resources
Jean Merritt
Administrative Services
Human Resources Director
Date
Approved By
Human Resources
4/301200410:47 AM
Len Golden Price
Administrative Services
Administrative Services Administrator
Date
Administrative Services Admin.
41301200410:58 AM
Approved By
Robin Johnson
County Manager's Office
ManagementlBudget Analyst
Date
Office of Management & Budget
4130/200412:53 PM
Approved By
Michael Smykowski
County Manager's Office
Management & Budget Director
Date
Office of Management & Budget
413012004 3:36 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
5/4/200412:21 PM
Agenda Item No. 16E4
May 11, 2004
Page 2 of 3
Exhibit 1
Proposed Additions to the
2004 Fiscal Year
Pay and Classification Plan
April 7 throuah April 30. 2004
Classification
Comments
Director - Emergency Medical Services
Reinstate classification to the Pay Plan
in order to classify incumbent into this title.
Senior Management and Operations Consultant
New classification as requested
by the Productivity Committee.
Will report to Director - OMB
job evaluations
radAEDA2.tmp
Agenda Item No. 16E4
May 11, 2004
Page 3 of 3
Executive Summary
Approve Extension of Contract 01-3204 "Real Estate Appraisal Services"
OBJECTIVE: To ensure that the County has these services available in the interim
period prior to award of new contract # 04-3645.
CONSIDERA TION: The existing contract for Real Estate Appraisal Services was due
for re-solicitation this year, but due to the changing needs of the using departments, it
was determined that it would be in the best interest of the County to rewrite the Scope of
Services with input and review from Staff. The fust Contract 01-3204 extension dates
were December 13, 2003 through June 12, 2004. The replacement solicitation, RFP 04-
3645 was issued on April 16, 2004, with proposals due on May 7, 2004. There is a
concern that there would not be enough time for selection of the firms, negotiation of
contracts and obtaining Board approval, prior to the existing contract extension running
out on June 12. In order to ensure that there is no interruption of service, Staff is
requesting BCC approval of a contract extension from June 13, 2004 through December
12, 2004, or until a new contract is awarded, whichever is sooner, in accordance with
Purchasing Policy XIV, Contract Administration, Section D,
-
FISCAL IMPACT:
throughout the year,
Funds are assigned and encumbered on an as-needed basis
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact
resulting from this action.
RECOMMENDA TION: That the Board of County Commissioners approves the
extension of Contract #01-3204 until December 12, 2004, or until a new contract is
awarded, whichever is sooner,
-
Agenda Item No. 16E5
May 11, 2004
Page 1 of 2
..---.-.",_.".m
."".-..,..".." ..
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
16E5
Item Summary
Meeting Date
Approve Extension of Contract 01-3204 "Real Estate Appraisal Services"
5111/200490000 AM
Prepared By
Kelsey Ward
Senior Purchasing and Contracts
Agent
Administrative Services
Purchasing
Approved By
Len Golden Price
Administrative Services Administrator
Date
Administrative Services
Administrative Services Admin.
4/301200410:57 AM
Approved By
Steve Carnell
PurchasinglGeneral Svcs Director
Date
Administrative Services
Purchasing
41301200410:52 AM
Approved By
Robin Johnson
Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
4/30/20041:06 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
4130/2004 3:39 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
5/41200412:27 PM
Agenda Item No. 16E5
May 11, 2004
Page 2 of 2
^---^^
,'_'
EXECUTIVE SUMMARY
Recommendation to A ward Bid No, 04-3570 '"Fertilization Services and Pest Control"
(initial annually value $42,000)
OBJECTIVE: To award a Contract for Fertilization Services and Pest Control for the
use of the Facilities Management Department.
CONSIDERATIONS: This contract will be used to fertilize grass, plants, and trees on
the main government complex and satellite locations. It will also be used to control
pests.
On January 28, 2004, formal bid invitations were posted in the lobby of the Purchasing
Building and distributed to thirty-eight (38) firms who provide these services, Two (2)
firms responded with a bid, which was opened on February 4, 2004. A bid tabulation
sheet is attached.
Staff has reviewed the bids received and checked references for both bidders. The
overall low bidder, Personalized Pest Control, does not have experience in managing a
contract of this size. The overall second low bidder, Trugreen Chemlawn has extensive
experience in managing contracts of this size.
.-
The bid invitation affords the County the discretion to award a single contract or multiple
contracts as needed or suited. The bid schedule separates pricing into two respective
categories, Main Campus and various satellite facilities,
Given these considerations, staff recommends the apparent low bidder, Personalized
Pest Control, be awarded the satellite facilities and the second apparent low bidder,
Trugreen Chemlawn, be awarded the main campus.
FISCAL IMPACT: The Funds are budgeted in the Facilities Management operating
budget.
GROWTH MANAGEMENT IMPACT: There is no impact on the Growth Management
Plan.
RECOMMENDATION: That the Board of County Commissioners award Bid No. 04-
3570 for Fertilization Services and Pest Control to: Personalized Pest Control, Inc, and
Trugreen Chemlawn.
.-.
Agenda Item No, 16E6
May 11 , 2004
Page 1 of 3
--.--,..-
"""-""-"""
.- ..,_,_,.m--'-
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
16E6
Item Summary
That the Board of County Commissioners award Bid No. 04-3570 for
Fertilízation Services and Pest Control to: Personalized Pest Control, Inc. and
Trugreen Chemlawn.
Meeting Date
5/11/20049:00:00 AM
Approved By
Daniel R. Rodriguez
Facilities Manager
Date
Administrative Services
Facilities Management
4/27/20048:24 AM
Approved By
Skip Camp, C.F.M.
Facilities Management Director
Date
Administrative Services
Facilities Management
4/28/20044:55 PM
Approved By
Steve Carnell
Purchasing/General Svcs Director
Date
Administrative Services
Purchasing
4/30/2004 10:46 AM
Approved By
Len Golden Price
Administrative Services Administrator
Date
Administrative Services
Administrative Services Admin,
4/30/2004 11 :39 AM
A pproved By
Robin Johnson
Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
4/30/200412:49 PM
A pproved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
4/30/2004 3:34 PM
Approved By
James V. Mudd
Board of County
County Manager
Date
Commissioners
County Manager's Office
5/5/2004 9:44 AM
Agenda Item No. 16E6
May 11, 2004
Page 2 of 3
--
Project Title: Fertilization Services and Pest Control
Project Mgr.: Ann Simpson
Facilities Management
Pkgs. Sent: 38
5
Tabulation for Bid: 04-3570
Ouenine Date: Februarv 4, 2004 (â) 2:30 o.m. Postina Date: Januarv 8, 2003
DESCRIPTION Trugreen Chemlawn Personalized Pest
Control, Inc.
Location
Government Complex
Annual Cost: $ 10,700.00 $ 3,366.00
Satellite Complexes
Annual Cost $ 34,230.00 $ 30,49000
TOTAL: $ 44,93000 $ 33.856.00
References Attached Y y
List of Subcontractors Attached: Y N/A
Licenses Attached' Y Y
Prompt Payment Terms Net 30 Davs Net 30 Days
Addenda Acknowledged: Y y
Ooeninl! Al!eot: Scott Johnson
Witness: Barbara Hecker
Agenda Item No. 16E6
May 11,2004
Page 3 of 3
Page 1 of 1
.--
EXECUTIVE SUMMARY
Confirm and consent to the re-assignment of BID No. 00-3154, "Household Hazardous
Waste Disposal Contractor" from US Liquids, Inc. to EO Florida, Inc.
OBJECTIVE: To obtain the Board of County Commissioner's approval of the re-assignment of
Bid No. 00-3154, from the original party, US Liquids, Inc. to EO Florida, Inc and approve the
release the original party, US Liquids, Inc. from liability from and after the effective date of the
consent.
,,'-
CONSIDERATIONS: The Agreement dated December 12, 2000, BCC Agenda Item 16(A){4),
by and between USL City Environmental Services of Florida, Inc. (US Liquids of Florida, Inc.)
and Collier County referencing BID No. 00-3154, hereafter known as the "Agreement", to which
EO- ;,:) Environmental Quality Company (EO Florida, Inc.) has become a successor in interest
by assignment and assumption from USL City Environmental Services of Florida, Inc. (US
Liquids of Florida, Inc.) ("Assignment").
EO Florida, Inc. acquired the assets of US Liquids of Florida on February 5, 2004. County staff
was notified in a letter dated February 10, 2004 of the acquisition of the assets. Following the
contract administration procedures, s1aff has acquired the necessary documents from
EO Florida, Inc., which have been reviewed and approved by the County Attorney's staff.
FISCAL IMPACT: There is no fiscal impact.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with
this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners: Confirms and consents to
the re-assignment of BID No. 00-3154 from US Liquids, Inc. to EO Florida, Inc. and to release
US Liquids, Inc. from liability from and after the effective date of the consent. ,
.-
Agenda Item No, 16E7
May 11, 2004
Page 1 of 10
.---oo...,..
'.~""
.--.
,,--
PREPARED BY:
Linda L. Jackson, Contracts Agent
DATE:
REVIEWED BY: - DATE:
Stephen Y. Carnell, Purchasing/General Services Director
REVIEWED BY: DATE:
Len Golden Price, Administrative Services Administrator
Agenda Item No. 16E7
May 11, 2004
Page 2 of 10
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
16E7
Item Summary
Confirm and consent to the re-assignment of BID No. 00-3154. "Household
Hazardous Waste Disposal Contractor" from US Liquids. Inc. to EO Florida. Inc.
Meeting Date
5/11/20049:00:00 AM
Approved By
Steve Carnell
Purchasing/General Svcs Director
Date
Administrative Services
Purchasing
4/3012004 11 :34 AM
Approved By
Len Golden Price
Administrative Services Administrator
Date
Administrative Services
Administrative Services Admin.
5/3/20042:01 PM
Approved By
Robin Johnson
Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
5/4120043:20 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
5/5/20048:15 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
5/5/2004 8:48 AM
Agenda Item No, 16E7
May 11 , 2004
Page 3 of 10
EXIllBIT A-I Form of Consent
BID # 00-3154
"Household Hazardous Waste Disposal Contractor"
This Fonn of Consent, dated , 2004 to the referenced agreement shall qe by and between the
parties to the original Agreement, USL City Environmental Services of Florida, Inc. (US Liquids of
Florida, Inc.) (to be refeITed to as "Contractor") and Collier County, Florida, (to be referred to as
"Owner").
Statement of Understanding
Re: Agreement dated December 12, 2000, BCC Agenda Item 16(A)(4), by and between USL City
Environmental Services of Florida, Inc, (US Liquids of Florida, Inc.) and Collier County referencing BID
No. 00-3154, hereafter known as the "Agreement", to which EQ-The Environmental Quality Company
(EQ Florida, Ine.) has become a successor in interest by assignment and assumption from USL City
Environmental Services of Florida, Inc, (US Liquids of Florida, Inc,) ("Assignment")
Collier County confirms and consents to the Assignment and release of US Liquids, Inc. from liability
from and after the effective date of the consent of the Assignment in return for EQ Florida, Inc.' s
assumption, as of February 5, 2004, of all rights and duties of USL City Environmental Services of
Florida, Inc. (US Liquids of Florida, Inc.) under the Agreement.
IN WITNESS WHEREOFt the Contractor and the County have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on the date(s) indicated below.
A ITEST:
CONTRACTOR
~~
hucL/-
¡Â.,-¿J /1. ¿v-rK
Lf-~/- 0 V
~ ~.C;~
Corporate Secretary/Witness
-
By: iJprì I F [j/L,I-vOnJ+(ù3Y:
Dated: <-f - c:L I - 0 L/ ~itle:
Dated:
ATTEST:
(CORPORATE SEAL)
Dwight E. Brock, Clerk
OWNER:
Approved as to fonD and
Leg~u:(f if
Scott R. Teach
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
ColIlIIrissioner Donna Fiala, Chairman
Agenda Item No. 16E7
May 11, 2004
Page 4 of 10
.,
FLORIDA, Inc.
7202 EAST 8TH AVENUE. TAMPA, FLORIDA 336]9. TEL 8006245302. FAX 81362&0842. \\ww.eqonline.com
Linda Jackson, Contracts Agent
Collier County Purchasing Department
3301 East Tamiami Trail
Naples, FL 34112
~':;t'celv{'.d Pt :~C:~i~S ir:f'.
MAk ) ü 2004
Dear Mrs. Jackson,
Effective February 5, 2004, The Environmental Quality Company (EQ) acquired the
assets of several US Liquids facilities, including US Liquids of Florida, EQ Florida Inc.
will honor the existing pricing, terms and conditions of the hazardous waste
disposal service contract we currently have with you. In addition to you receiving your
updated certificate of insurance, I will also provide you with any other updated
contractual documents that you request. In order to bring your records up to date, please
find below your new contact information for your files, Please note, items in bold are
updated information.
Name of Company: EO Florida, Inc. (f.k.a. US Liquids of Florida, Inc.)
Note: EO Florida, Inc. has the employees who perform the work and the assets used in
the performance of the work for Collier County
Contact Address (same): 7202 East 8th Avenue, Tampa, FL 33619
Note: EO Florida, Inc. has the financial assets and the tangible assets that used to be in
the company (US Liquids of Florida, Inc.) that Collier County contracted with
Remittance Address:
EO Florida, Inc.
P. o. Box 673095
Detroit, MI 48267-3095
FederallD # :
20-0414157
Contact (same):
Curt DeBrunner
Fax Number (same):
Office: (800) 624-5302 ext. 229
Fax: (813) 628-0842
Phone Number (same):
Email address:
curt. debru nner@eaonline.com
As always, please feel free to call with any questions or comments at any of the above
contact numbers. If you would like to learn more about EQ, please visit our website at
www.eqonline.com
Sincerely,
Curt DeBrunner
Account Executive
The Environmental Quality Company
Agenda Item No. 16E7
May 11, 2004
Page 5 of 10
analysis. I1IJnspottallOil . trealm9nt. /"ÐCOV9I')' . recycNng . disposal. remediation
"
- -
..
,
RIDER
To be attached to and form part of Bond Number ESO 7311333 effective Janaury 1,2001
issued by the The Insurance Company of the State of Pennsylvania in the amount of
$250,000 Dollars, on behalf of US Liquids of Florida, Inc.
and in favor of Collier County as obligee.
Now, Therefore, it is agreed that: The name of Principal shall change to EQ Florida, Inc.
It is further understood and agreed that all other terms and conditions of this bond shall
remain unchanged.
This rider is to be effective February 5, 2004,
Signed, sealed and dated this 9th day of March 2004.
The Insurance Company of the State of Pennsylvania
By: ~IJQI'{\ Rl iIY'Ð.&ta.J
Kathleen Runestad, Attorney-in-Fact
Agenda Item No. 16E7
May 11, 2004
Page 6 of 10
..,
.
4- The Ínsurance Company of the State of Pennsylvania
Principal Bond Office: 70 Pine Street, New York, N.Y. 10270
POWER OF ATTORNEY
No.IS-B-14487
.-.
KNO.~ ALL MEN BY THESE PRESENTS:
,
That The Insurance Company of the State of Pennsylvania, a Pennsylvania corporation, does hereby appoint
-Steven K. Brandon, Kathleen Runestad, Mary Laginess-: of Novi, Michigan--
its true and lawful Attomey(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts
of indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the company thereby.
IN WITNESS WHEREOF, The Insurance Company of the State of Pennsylvania has executed these presents
STATE OF NEW YORK }
COUNTY OF NEW YORK}ss.
¿\;~{\
,.~i ~:~'~"
I' (' ..) ..
;..'" .\r::::=--i,.¡,,/ :
. " .. ~ , .... ("-
"""/~ "':-""//
"<~~:
On this l!.:.day of October. 2003 before me came the above
named officer of The Insurance Company of the State of
Pennsylvania, to me personally known to be the individual and
officer described herein, and acknowledged that he executed the
foregoing instrument and affixed the seal of said corporation
- thereto by authority of his office,
~ ~/:
~ "':' ,i;,. ""=~
-. Of PND8OI31
"" - L 18 ~ FIc:tIma td CcLny
Oaa. r r .., EJpir8a June 25, 'JJ)O7
/J;;.
¡:~t!vt-
CERTIFICATE
Exçerpts of Resolution adopted by the Board of Directors of The Insurance Company of the State of Pennsylvania. on May 18, J 976:
"RESOLVED, that the Chainnan of the Board, the President. or any Vice President be, and hereby is, authorized to appoint Attorneys-in-Fact to
represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and wriling~
obligatory in the natUre thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business;
"RESOL VED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Anomey or to any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatUres or facsimile seal shall be valid
and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory
in the natUre thereof,
"RESOLVED, that any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such
certification the date thereof, said date to be not later than the date of delivery thereof by such Attorney-in-Fact.
I. Elizabeth M. Tuck, Secretary of The Insurance Company of the State of Pennsylvania. do hereby certifY that the foregoing excerpts of Resolution
adopted by the Board of Directors of this corporation, and the Power of Attorney issued pursuant thereto, are true and correct and that bolh the
Resolution and the Power of Attorney are in full force and effect.
IN WITNESS WHEREOF, [ have hereunto set my hand and affixed the facsimile seal of the corporation
23238 (4/99)
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'~.il"".,\c:::-,J~{..--.,
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"Uc~.
this~ day of~
Àa~
Elizabeth M. Tuck, Secretary
Agenda Item No. 16E7
May 11, 2004
Page 7 of 10
ACORD CERTIFICATE OF LIABILITY INSURANCE Page 1 of 3 I DATE
111 02/10/2004
PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Willis North ADarica, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
~, Cantury Blvd. ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW.
p, 0, Box 305191
Nuhville, TIf 37230-5191 INSURERS AFFORDING COVERAGE
IItSlJRED BQ Florida. Inc. INSURER'" COIIIIIIerca and IDdustrv Insurance COIIIDUIV 19410-00'
7~0~ Ba8t 8th Ava. INSURER&: CClllllUlrce and Industrv Insurance ComD&UV UnO-OOl
TUlpa. FL 33619
INSURERC: barican International Specialty Line. III. 26883-002
INSURERD: ADarican International S'Decialtv Line. III. 26883-007
I INSURER E;
COVERAGES
TI-lE POUCIES OF INSURANCE LISTED BelOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POlICY PERIOD INDICATED. NOlWITHSTANDING
ANY REQUIREMENT, TERM OR CONDmON OF />NY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
~.'.\ Y PERT AJN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS, EXCLUSIONS AND CONDmONS OF SUCH
?'Je' .;¡ES. AGGREGATE LlMfTSSHOWN MAY HAVE BEEN REDUCED BY PAJDClAIMS.
~SR,-- TYPE Of INSURANCI! ~ IlUMIIER POLICY EFÆ~ POUCY EXPIRATION
LTR DAÆ/MMIC DATE LIIIIT1I
A ~ERAL I.WIIUTY GL4177902 8/1/2003 8/1/2004 EACH OCCVRRENCE $ 1 000 000
x... Ò~ GENERAL lIAIIIUTY FIRE DAMAGE (Any_lire) $ ..nn nnn
-- ClAIMSw.œ[i]OCCUR ME[) EXP [Any one _I $ 2'1..000
PERSONAL & MN INJURY S 1000.000
GENERAL Þ.GGIŒGA TE $ ') ""'A A"'"
r;~:,1.~~IUIollT n.PER: PRODUCTS - COMPIOP AGG S ') 1\1\,. 000
ì POllCY X ~ LOC
l' ."iTOMOBllE UABIUTT CA7665295 8/1/2003 8/~/2004 co-eo SINGLE UMIT
(E8 -.¡ $ 1,000,000
.x.. ÞH'f AUTO
- AlL OWNED AUTOS BOOI. Y INJURY
[P-penon) S
- SCHEDULED AUTOS
..x. HIRED AUTOS BODII. Y INJ l.fff
$
.lL NON-OWNED AUTOS [P- occicIenI)
~ PROPERlY DAMAGE S
(Per accident)
RE LIABILITY AUTOONLY.EAIoCCIDENT $
ANY AUTO OTHER THAN EA ACe $
AUTOONLV: .0.00 $
C EXCESS UAIIIUTY UL8086095 8/1/2003 8/1/2004 EACH OCCURREJ«:E $ 10.000 000
~. OCCUR 0 ClAIt.IS MADE AGGREGATE $ 10000000
s
~ DEDUCTl8LE $
X RETENTION S , n nnl $
A WORKERS COMPENSATION AND WC9680369 1/1/2004 1/1/2005 X 1-m¿~T~1 10~
EMPLOYERS' UAIIIUTY 0;00.000
E.!.. EACH ACCIDENT $
E..!.. DISEASE . EA EMPLOYEE S 500.000
E.!.. DISEASE. POLICY LIMIT S o;nn.oon
D OTHER PLS26735öO 8/1/2002 8/112005
Pollution Legal $24,000.000 Bach Claia
LiabiU ty $28,000.000 Aggregate
DESCIUPTJOH Of OPERA T1OMS/LOC.\ T1ONSNEHICLES/EXÇl.USIQHS ADDED BY ENDORIIEIIEHTISPECIAL PROVISIOHS
See Attached.
CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER: CANCELlATION
SHOULD AK'f Of' TKI! ABOVE DESCRIBED POt.JCIES BE !:A-' - BEfORE THE 1!XPMA11OII
DATE THEREOI', THE ISSUING IIISURER wu. EHD£AVOR TO IIIAL ~ DAYS WRITT1!II
NOTICI! TO THE CERTIFICATE HOLDER MA8Ð TO TIfI! LEPT. BUT I'ALURI! TO DO.SO SHALL
IMPOSE NO OBLIGATION OR LIABI..ITY Of AN'( KIND UPON THI! INSURER, ITS AGEHTS OR
Collier County Board of County Commis8ion RE PtlERNT A T1VES..
General Services Bldy
3301 B. Tamiami Trai AUTHORIZED REPRESENT A TIVIE
Nap1,es, FL 33962
ACORD 25-8 719 Co11:918097 1:240684 Cert:4042284 A( endæKeœ liON 1988
7)
Tp
g
May 11, 2004
Page 8 of 10
Willis CERTIFICATE OF LIABILITY INSURANCE Page 2 o~ 3 I DATI
02/10/2004
PRODUCER 877 - 945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Willis 50rth Aœerica. Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW.
p. o. Box 305191
Nashville, '1'X 37230-5191 INSURERS AFFORDING COVERAGE
IMSURED BQ Florida, IDC. INSURERA: CCIIIII8rce and Inctwltrv IJulurlUl.ce ComDlUl.V UnO-006
7202 Baat 8th Ave. INSURER B: C:....rce and Industrv :tnaurlUl.ce COI8Danv 19410-001
TUlpa, n. 33619
IHSURERC: ~ric8D International Soecialtv Linea In 26883-002
INSURERD: a.ariclUl. International Soecialty Linea In 26883-007
I INSURER E;
DESCRIPTION OP OPØAT1ONSA.OCA T1OIISIYEIII<:'USÆXCUIS1ONS ADDeD BY 1MDORSÐIEIIT1SÆC1AL PRO\I1SIONS
ExcesS umbrella Policy No. AW9550239 8/1/03 - 8/1/04
Issuing Carrier: Allied World Assurance Company
$6,000,000 Bach Occurrence
$6,000,000 Aggregate
Excess umbrella Policy No. 9550239
ISIP-ling Carrier: Lexington Insurance Company
$9.~)O,OOO Bach OCcurrence
$9,vOO,OOO Aggregate
8/1/03 - 8/1/04
C~~ificate Holder is an Additional Insured as respects the General Liability policy, and a Waiver
ot ~~rogation is in favor o~ Certificate Holder, as required by written contract and as their
i~terests appear. Both provisions are limited to the liability arising out of the operations of
the Named Insured.
Coll:918097 Tpl:240684 Cert:4042284
Agenda Item I~O. Hjl:.r
May 11 , 2004
Page 9 of 10
Page 3 of 3
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s),
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s) , authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25-5 (7197)
Coll:918097 Tpl:240684 Cert:4042284
EXECUTIVESU~ARY
Approval of a Lease Agreement with Gulf Shore Associates, Limited Partnership, for
conlirmed use of a Pelican Bay Services Division rooftop mounted antenna and equipment
room space at the Sun Bank Building in Pelican Bay.
OBJECTIVE: Secure Board of County Commissioners' (Board) approval and execution of a
Lease Agreement with Gulf Shore Associates, Limited Partnership (Landlord). This Lease is for
th(" ';': ,....'tJ use of rooftop and interior equipment room space at the Sun Bank Building in Pelican
b;;: ,,' P,I'can Bay Services Division's (Tenant) antenna and radio equipment used to control the
iITipU1uu -"ystem on Collier County-maintained areas within Pelican Bay.
C('{'i5.n!~RA nONS: Collier County has been leasing space (Office Space) within the Sun Bank
Bui IÜJ r.¿. >. ;L'C 1986 for Tenant's administrative offices. With the Landlord's approval, an irrigation
system control antenna and related radio equipment were installed at lease inception on the roof and
",.;" l' in ;,terior equipment room, respectively, without Collier County securing a lease. With
('ol11-..:f l.""nty staff in the process of extending the Office Space lease for one (1) additional year,
L.,~.j':ìrd "lid staff agree that now is an appropriate time to enter into a lease for the antenna and
related equipment. A lease will ensure the continued use of the antenna and equipment, should the
building ownership change, as well as delineate liability and Landlord and Tenant responsibilities.
-
The lease term is five years commencing June 1, 2004, with one five-year automatic renewal.
Collier County can terminate the Lease Agreement at anytime with 60-days notice, Use of the
antenna and equipment space will continue to be rent-free as long as the County continues to lease
the office space within the Sun Bank Building. When the Office Lease expires or is terminated,
Collier County will begin paying an annul rent of $6,300 to be paid monthly in amounts of $525.
The rent will be increased annually based on Consumer Price Index figures for the proceeding
twelve months. Current plans are for Tenant to maintain an office within the Sun Bank Building
until February 28, 2006.
The Lease Agreement has been reviewed by Pelican Bay Services Division and the County
Attorney's Office.
FISCAL IMPACT: There will not be rent payments until early termination or scheduled
expiration of the Sun Bank Office Lease. At that time, the monthly rent under the attached Lease
Agreement of $525, and increases annually thereafter, will be withdrawn from the Pelican Bay
Improvement District MSTUBU Fund (109) and the Pelican Bay Street Lighting Fund (778).
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan,
RECOMMENDATION: That the Board of County Commissioners approve the attached Lease
Agreement and authorize Chairman Fiala to execute the Agreement on behalf of the Board.
.-'
Agenda Item No. 16F1
May 11 , 2004
Page 1 of 6
"""'-'-""
""""--""-
....,--..-.-'..'
.,......----
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
-
Item Number
16F1
Item Summary
Approval of a Lease Agreement with Gulf Shore Associates. limited
Partnership. for continued use of a Pelican Bay Services Division rooftop
mounted antenna and equipment room space at the Sun Bank building in
Pelican Bay.
Meeting Date
5/11/2004 900:00 AM
Prepared By
Michael H. Dowling
Property Management Specialist
Administrative Services
Facilities Management
Approved By
Skip Camp, C.F.M.
Facilities Management Director
Date
Administrative Services
Facilities Management
4/21/20043:43 PM
Approved By
Jean C.Smith
Operations Analyst
Date
County Manager's Office
Pelican Bay Services
4/21/20044:12 PM
Approved By
Michael H. Dowling
Property Management Specialist
Date
Administrative Services
Facilities Management
4/26/2004 5:21 PM
Approved By
Charles E. Carrington. Jr., SRI
Real Estate Services Manager
Date
WA
Administrative Services
Facilities Management
4/27/20049:50 AM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
413012004 3:42 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
5/3/2004 7:16 PM
Agenda Item No. 16F1
May 11, 2004
Page 2 of 6
Lease #
I
LEASE AGREEMENT
- . .
THIS LEASE AGREEMENT entered into thi! - day of , 2004, between Gulf
Shore As!ociates, Limited Partnership, whose address is 1300 Post Road East, Westport, Connecticut
06880, hereinafter refemd to as "LESSOR", and COLLIER COUNTY, a political subdivision of the SUIte
of Florida, whose mailing address is 3301 East Tamiami Trail, Naplc:s, Florida 34112, hereinafter referred
as "LESSEE".
WITNESSETH
In consideration of the mutual covenants contained herein, and other valuable consideration, the
parties agree as follows:
ARTICLE I.
Demised Premi5eS
LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR a rooftop location
on the building located at 801 Laurel Oaks Drive, Naples, Florida, in order to accommodate one (1) whip
style antenna for the purpose of operating a two-way radio system along with II location in the 8111 floor
equipment room to accommodate Ii one foot by one foot rainbird box, hereinafter referred to as the
"Demised Premises", situated in the County o! Collier and the SUIte of Florida, .
LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or ~y
part thereof to be used or occupied for any purpose contrary to law br the rules or regulations of any public
authority or for any use other than that which is stated in this Article 1.
ARTICLE 2.
Term of Lease
LESSEE shall have and hold the Demised Premises for a term of Five (5) years ("Initial Term")
commencing on April 1, 2004 and ending March 31. 2009. LESSEE is granted the option, provided it is
not then in default of any of the terms of this Lease, to automatically renew same for one additional term
of Five (5) years ("Renewal Option"), under the terms and conditions as provided herein.
LESSEE, however, reserves the right to terminate this Lease, with or without cause, upon sixty
(60) days prior wrinen notice of such termination to LESSOR at the address set forth in ARTICLE 13 of
this Lease. Said notice shall be effective upon actual receipt by LESSOR.
ARTICLE 3.
Rent
LESSOR agrees that no rent shall be charged to LESSEE as long as LESSEE remains leasing
office space within the Demised Premises building pursuant to the terms of the Lease Agreement dated
March 31, 1992 and Amendments thereto dated February 6, 1996 and February 25, 2003 and April 27,
2004. At the time of the expiration or sooner termination of the aforementioned Lease Agreement and
related Amendments, LESSEE a~es to pay the sum of Five Hun~d Twenty-five Dollars and 001100
Cents ($525.00) per month as rent for the Demised Premises mentioned in this Lease, LESSEE shall
begin 'paying rent on the first day of the month following the termination of the aforementioned Lease
Agreement.
All rental payments shall be due payable in advance on the first day of every calendar month
during the term hereof. In the event any installment of rent or additional rent is not paid within 1 days.
after it becomes due, a late fee of 6% on the unpaid installment will be chllTßed. If the terms of this Lease
shall commence on a day other than the first day of the month, LESSEE shall pay rental equal to one
thirtieth (V3Oth) of the monthly rental multiplied by the number of rental day! of such fractional month.
ARTICLE 4,
IncrCl\.SCS in Annual Rent
. .
Commencing upon the second lease year and continuing for each year of the Initial Term and
Renewal Option (if exercised), the annual rent set tonh in Article 3 shall be increased by the increase in
the CPI over the previous lease year and shall be the rate in effect at the commencement of eacb
applicable lease year. CPI shall mean the Consumer Price Index for All Urban Consumers, U.S. City
Average, (CPI-lJ) (1982 - 84= 100), published by the United State!> Department of Labor. However, in no
event shall the annual minimum rent be less than Six Thousand Three Hundred Dollars and 001100 Cents
($6,300.00) nor shall any yearly increase be greater than 10% orA~ 1fffi:i3~erl? l'!Jõ~Vfðf1hrt the
May 11, 2004
Page 3 of 6
Consumer Price Inde ( ceases to incorporate a significant number of items. or if a substantial change is
made in the method of establishing such Consumer Price Inde (, then the Consumer Price Index shall be
adjusted to the figure that would have resulted had no change occurred in the manner of computing such
Consumer Price Index. In the event that such Consul1)Cr Price Inde ( (or Ii successor or substitute index) is
not available, a reliable governmental or other nonpartisan publication, evaluating the infonnation thereto.
for use in determining the Consumer Price Index. shall be used in lieu of such Consumer Price Index,
ARTICLE 5.
Other E (Denses and Charges
LESSOR shall pay all utility charges pertaining to the Demised Premises. LESSEE shall be solely
responsible for all costs associated with the maintenance, repair and replacement of LESSEE'S antenna.
ARTICLE 6.
Modifications to Demised Premises
Prior to malàng any changes, alterations, additions or improvements to the Demised Premises,
LESSEE will provide to'LESSOR all proposals and plans for alterations, . improvements, changes or
additions to the Demised Premises for LESSOR'S prior written approval, specifying in writing the nature
and extent of the desired alteration. improvement, change, or addition, along with the contemplated
starting and completion time for such project. LESSOR or its designee will then have sixty (60) days
from the date which LESSOR receives notice by LESSEE within which to approve or deny in writing
said request for changes. improvements, alterations or additions. LESSOR shall not unreasonably
withhold its consent to required or appropriate alterations. improvêments, changes or additions proposed
by lESSEE. If after sixty (60) days there ha~ been no written rejection delivered by LESSOR to lESSEE
regarding.said proposals or plans. then such silence shall be deemed as an APPROVAL to such request of
LESSEE.
LESSEE covenants and agrees in connection with any maintenance, repair work, erection.
construction, improvement, addition or alteration of any authorized modifications, additions or
improvements to the Demised Premises. to observe and comply with all then and future applicable laws,
ordinances, rules, regulation, and requirements of the United States of America, State of Florida, County
of Collier. and any and all governmental agencies having jurisdiction over the Demised Premises.
i #
All alterations. improvements, and additions to said Demised Premises shall at once, when made
or installed. be deemed as auached to the freehold and to have become property of LESSOR, Prior to the
tennination of this Lease or any renewal tenn thereof. or within thirty (30) days thereafter, if LESSOR so
directs, LESSEE shall promptly remove all such additions, improvements, alterations. fixtures and
installations which were placed in, on or upon the Demised Premises by or on behalf of lESSEE, and
which are designated in said notice. and repair any damage occasioned to the Demised Premises by such
removal and in default thereof, lESSOR may complete said removals and repairs at LESSEE'S expense.
ARTICLE 7.
Access to Demised Premises
LESSOR agrees to allow LESSEE to install a lock box at the property, at its sole cost and expense,
in order to access the property twenty-four hours per day, seven days per week. The location of the access
box shall be deteonined by LESSOR atthc time of installation.
ARTICLE 8.
Assil!:nment and Subleltins
...
lESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the
Demised Premises, or to permit any other persons. other than another County agency, to occupy same
without the prior expresSed written consent of LESSOR. Any such assignment or subletting, even with
the consent of lESSOR, shall not relieve LESSEE from liability for paymnt of rent or other SUJDI herein
provided or from the obligation to keep and be bound by the teons, conditions and covenan" of this
Lease. The acceptance of rent by LESSOR from any other person shall not be deemed to be a waiver of
any of the provisions of this Lease or to be a consent to the assignment of this Lease or subletting of the
Demised Premises.
ARTIa..E 9.
Indemnity and lnsurancç
To the extent legally possible, the pamea will continue the insurance IrTangements in effect at the
time of the commencement of this Lease, adjUsted only so far as necessary to account for their change in
legal position vis-à-vis.
. .
.. .
'. Ce'
"~r5I.
2
Agenda Item No, 16F1
May 11 , 2004
Page 4 of 6
".
~
~
ARTICLE 10.
Maintenance
LESSEE shall. at its sole cost and expense, keep the Demised Premises clean at all times. If said
Demised Premises are not kept clean in the opinion of LESSOR, LESSEE will be so advised in writing. H
con-ective action is not taken within thirty (30) days of the receipt of such notice, LESSOR will cause the
same to be cleaned and corrected and LESSEE shall assume and pay all necessary cleaning costs and such
costs shall constitute additional rent which shaH be paid by LESSEE within thirty (30) days of receipt of
written notice of costs incurred by LESSOR.
ARTIClE 11.
Default by LESSEE
Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a
default and LESSOR may, at LESSOR'S option, tenninate this Lease after thirty (30) days written notice
to LESSEE, unless the default be cured within that notice period (or such additional time as is reasonably
required to con-ect such default).
ARTICLE 12.
Default by LESSOR
LESSOR shall in no event be charged with default in the perfonnance of any of its obligations
hereunder unless and until LESSOR shall have failed to perfonn such obligations within ninety (90) days
(or such additional time as is reasonably required to correct such default) after written notice from
LESSEE to LESSOR properly specifying wherein LESSOR has failed to perfonn any such obligations.
ARTICLE 13.
Notices
Any notice which LESSOR or LESSEE may be required to give to the other party shall be in
writing to the other party at the following addresses: .
LESSEE:
LESSOR:
Board of County Commissioners
c/o Real Estate Services Department
3301 Tamiami Trail East
Administration Building
NapJes, Florida 34112
Gulf Shore Associates Limited Partnership
1300 Post Road East
Westport, Connecticut 06880
cc:
Office of the County Attorney
ARTICLE 15.
Sun-ender of Premises
LESSEE covenants and agrees 10 deliver up and sun-ender to LESSOR possession of the Demised Premises
upon expiration of this Lease, or its earlier tenninalion, broom clean and in as load condition and repair as the
same shall be at the commencement of the tenn of this Lease or may have been put by LESSOR or LESSEE
during the continuance thereof, ordinary wear and tear and damage by fire or the elements beyond LESSEE'S
control excepted.
ARTICLE 16,
General Provisions
LESSEE fully understands that the police and law enforcement security protection provided by law
enforcement agencies to the Demised Premises is limited to that provided to any other business or agency
situated in Collier County, and LESSOR acknowledges that any special security measures deemed necessary
for additional protection of the Demised Premises shall be the sole responsibility and cost of LESSEE and
shall involve no cost or e¡o;pense to LESSEE.
LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the Demised
Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard
operations.
ARTIClE 17.
Radon Gas
In compliance with Seclion 404.056, Florida Statutes, all parties are hereby made aware of the following:
3
Agenda Item No. 16F1
May 11, 2004
Page 5 of 6
fedc:ral and state guidc:lines have been found in buildings in Florida, Addiùona) infonnation regarding radon
and radon tcsting may be obtained from your County Public Health Department.
...
ARTICLE 18.
Effective Date
This Lease Agreement shall become effective upon execution by both LESSOR and LESSEE.
ARTICLE 19.
Governing Law
This Lease Agreement shall be governed and construed in accordance with the laws of the SUIte of Florida.
IN WITNESS WHEREOF. the parties hereto have hereunder set forth their hands and seals.
AS TO THE LESSEE:
DATED:
A lTEST:
DWIGIfT E, BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS,
COlliER COUNTY, fLORIDA
. .
BY:
Deputy Clerk
BY:
DONNA FIALA. Chainnan
AS TO THE LESSOR:
DATED:
GULF SHORE ASSOCIATES, LIMITED
PARTNERSInP
A TIEST:
BY:
ALBERT J. KlEBAN. President
WITNESS (signature)
print name
WITNESS (signature)
. ...
.'. ...
print name
...
~iency:
Thomas C. Palmer
Assistant County Attorney
4
Agenda Item No, 16F1
May 11, 2004
Page 6 of 6
EXECUTIVE SUMMARY
Board of County Commissioners to authorize the transfer of ($2,931.13) donated
by Collier County hotels in FY 03 for the Meeting Professionals International (MPI)
events from Fund 194 Reserves to the operating account line in Fund 194 to be
used for advertising and promotional expenses for the 2004 MPI event and to
approve a Budget Amendment for $2,931.13.
OBJECTIVE: Approval of unused funds donated by Collier County hotels for the MPI events
be returned from Reserves to the operating account lines in Fund 194 to be used for advertising
and promotional expenses for the 2004 MPI event to be held in Collier County in August 2004.
CONSIDERATIONS: In 2003, several of our hotel partners contributed a total of $6,850 for
use in luring the Meeting Professionals International (MPI) meeting to Collier County in August
2004. Portions of the contributed funds were used to offset the cost of the luncheon at the MPI
meeting in 81. Augustine in August 2003. The balance of the donated funds were not used at that
time and at the end of Fiscal Year 03, those funds were returned to the Operating Reserves line
in Fund 194.
FISCAL IMPACT: $2,931.13 from Fund 194 Reserves to the operating account line in Fund
194.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact from this
action.
RECOMMENDATION: That the Board of County Commissioners authorize the unused funds
donated by Collier County hotels in FY 03 for the MPI events in the amount of $2,931.13 be
returned from Reserves to the operating account line in Fund 194 to be used for advertising and
promotional expenses for the 2004 MPI event and to approve a budget amendment in the amount
of $2,931.13.
,,-
Agenda Item No. 16F2
May 11, 2004
Page 1 of 2
---..-----
"" .._"",_w.._..,--
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16F2
Board of County Commissioners to authorize the transfer of ($2,931.13)
donated by Collier County hotels in FY 03 for the Meeting Professionals
International (MPI) events from Fund 194 Reserves to the operating account
line in Fund 194 to be used for advertising and promotional expenses for the
2004 MPI event and to approve a Budget Amendment for $2,931,13.
5/11/2004 9:00:00 AM
Prepared By
Jack Wert
County Manager's Office
Tourism Director
Toursím Development Council
Approved By
Jack Wert
County Manager's Office
Tourism Director
Date
Toursim Development Council
4/15/20044:11 PM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
4/30/2004 1 :23 PM
Approved By
Michael Smykowski
County Manager's Office
Management & Budget Director
Date
Office of Management & Budget
4/30/20043:41 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
5/4/2004 1 :47 PM
Agenda Item No. 16F2
May 11, 2004
Page 2 of 2
APPROV AL OF BUDGET AMENDMENTS
BCC Agenda of May 11,2004
MSTD General (Fund 111)
Budget Amendment #04-243
Operating Expenses
Other Miscellaneous Services
$20,000
Reserves
Reserve for Contingencies
(20,000)
Total
-0-
Explanation: Funds are needed for public emergency of palm removal and inoculations for Lethal Y eHow
outbreak in accordance with Ordinance 2004-11.
"'-
Agenda Item No. 16F3
May 11 2004
Page 1 of 2
---.----." '
,.",.._.~-,~..".., ..."n.
'" .",~,~,~-",,--_.
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16F3
Approval of Budget Amendment Report - BA #04-243 - $20,000
5/11/2004 9:00:00 AM
Prcparcd By
Pat Lehnhard
County M",r-~-:"~ Office
Administrative Assistant
Office of Management & Budget
-----
Approvcd ßy
Mic;
ski
COL.
-, . ':¿""~;¡'ò Office
4/30/20043:46 PM
ApprO'- :.f ¡~)'
James \' ',!',jdd
- Board of County
Commissioners
Management & Budget Director
Office of Management & Budget
County Manager
County Manager's Office
Date
Date
5/4/2004 1 :49 PM
,-
Agenda Item No, 16F3
May 11, 2004
Page 2 of 2
-
,-
,-'
-----
EXECUTIVESU~ARY
Approve a Third Amendment To Lease Agreement with Gulf Shore Associates, Limited
Partnership, for the continued use of office space by the Pelican Bay Services Division at an
annual rental of $19,566, plus a CPI increase.
OBJECTIVE: Board of County Commissioners' approval and execution of the attached Third
Amen'dment to Lease Agreement with Gulf Shore Associates, Limited Partnership (Landlord) for
the continued use of office space by Pelican Bay Services Division.
CONSIDERATIONS: Since 1986, Collier County has been leasing 1,029 square feet of office
space within the Sun Bank Building at 801 Laurel Oak: Drive for the Pelican Bay Services
Division's (Tenant) administrative offices. This location was selected in order to maintain an
on-site presence within the Pelican Bay community and maximize Tenant's ability to service its
customers.
The current lease expires February 28, 2005, and Tenant requests that staff now proceed with
securing a one-year 'extension. The extension will run through February 28, 2006, under the
same terms and conditions as the original Lease Agreement and subsequent Amendments, except
that the current annual rental of $19,566 will increase by an amount calculated by using the
Consumer Price Index, which amount cannot be detennined until the time the Amendment goes
into effect At Tenant's request, staff also negotiated the right of early termination should
Tenant so choose.
The County Attorney's Office and Pelican Bay Services Division have reviewed and approved
the attached Third Amendment to Lease Agreement.
FISCAL IMPACT: There is no additional impact on the FY 03/04 Budget. The FY 04/05
annual rent of $19,566, plus CPI adjustment, will be paid from the following accounts: 33%
from Pelican Bay Improvement District MSTUBU Fund 109-182601, 34% from Pelican Bay
Improvement District MSTUBU Fund 109-182900, and 33% from Pelican Bay Street Lighting
Fund 778.
GROWTH MANAGEMENT IMPACT: There in no impact to the Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners approve the attached Third
Amendment To Lease Agreement with Gulf Shore Associates, Limited Partnership, and
authorize Chairman Fiala to execute the Amendment on behalf of the Board.
Agenda Item No. 16F4
May 11 2004
Page 1 of 4
""-- -'," "~""".,~-,,,,-,-
..,. """'-'~-*~"'-"""
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
16F4
Item Summary
Approve a Third Amendment to Lease Agreement with Gulf Shore Associates,
Limited Partnership, for the continued use of office space by the Pelican Bay
Services Division at an annual rental of $19,566, plus a CPI increase.
Meeting Date
5/11/20049:00:00 AM
Approved By
Michael H. Dowling
Property Management Specialist
Date
Administrative Services
Facilities Management
4/27/200410:13 AM
Approved By
Charles E. Carrington, Jr., SRI
WA
Real Estate Services Manager
Date
Administrative Services
Facilities Management
4/27/20043:24 PM
Approved By
Skip Camp, C,F,M.
Facilities Management Director
Date
Administrative Services
Facilities Management
4/27/20044:21 PM
Approved By
Jean C.Smith
Operations Analyst
Date
County Manager's Office
Pelican Bay Services
4/27/2004 11 :01 AM
Approved By
James V, Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
5/4/2004 1 :37 PM
Agenda Item No, 16F4
May 11, 2004
Page 2 of 4
-.-..-.-...
Lease #744
THIRD AMENDMENT TO LEASE AGREEMENT
TIDS THIRD AMENDMENT TO LEASE AGREEMENT entered into this - day of
, 2004 at Naples, Collier County, Florida by and between Gulf Shore
Associates, Limited Partnership, whose address is 1300 Post Road East, Westport, Connecticut
06880, hereinafter refeITed to as "LESSOR", and COLLIER COUNTY, a political subdivision of
the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112,
hereinafter refeITed to as "LESSEE".
WITNESSETH
WHEREAS, Collier çounty and Gulf Shore Associates have previously entered into a Lease
Agreement dated March 31, 1992, an Amendment to Lease Agreement dated February 6, 1996 and a
Second Amendment to Lease Agreement dated February 25,2003; and
WHEREAS, the LESSOR and LESSEE are desirous of amending the Lease Agreement,
Amendment To Lease Agreement and Second Amendment to Lease Agreement; and
NOW THEREFORE, in consideration of the covenants and agreements provided within said
Second Amendment to Lease Agreement'dated February 25. 2003, and Ten Dollars ($10,00) and
other valuable consideration, said Lease Agreement is hereby amended as follows:
1.
The following provision shall be added to ArticJe 2 of the Amendment to Lease
Agreement:
The LESSOR acknowledges that the LESSEE has provided the required written notice to
extend the Lease term to February 28, 2005, hereinafter refeITed to as 'Renewal Lease Term.'
LESSEE hereby acknowledges that LESSOR has provided response to its request to extend the
Lease term,
LESSEE shall have the right to renew this lease, following the February 28, 2005 Renewal
Lease Tenn, for one (1) additional term of one (1) year ("Option Term"), creating a new termination
date February 28, 2006,
LESSEE shall have the right, however, to terminate this Lease on or after July 1,2004, with
or without cause, by providing six (6) month prior written notice of such termination to LESSOR at
the address set forth above. Said notice period shall be effective upon receipt by LESSOR of the
written notice,
,.'.:',0..
2. E!lcept as expressly provided herein, the Lease Agreement between Gulf Shore
Associates, Umited Partnership and Collier County, a political subdivision of the State of Florida,
for the utilization of the Demised Premises described in said Lease Agreement dated March 31,
1992 remains in full force and effect according to the terms and conditions contained therein, and
said-terms and conditions are applicable hereto except as expressly provided otherwise herein.
"
IN WITNESS WHEREOF, the LESSOR and LESSEE have hereto executed this Second
Amendment to Lease Agreement the day and year first above written.
AS TO THE LESSEE:
DATED:
A TIEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS',
COLLIER COUNTY, FLORIDA
, Deputy Clerk
BY: '
DONNAFlAl!Àoou~tm No. 16F4
ay 11, 2004
Page 3 of 4
BY:
DATED:
GULF SHORE ASSOCIATES,
LIMITED PARTNERSHIP
by its General Partner, Pequot Capital South, Inc., a
Florida corporation
AS TO THE LESSOR:
BY:
ALBERT J. KLEBAN, President
Witness (Signature)
(Print Name)
Witness (Signature)
(print Name)
Approved as to form and legal sufficiency:
-ref
Thomas C. Palmer
Assistant County Attorney
."
Agenda Item No. 16F4
May 11, 2004
Page 4 of 4
2
-'~-_.'-- "'"'
-",,_.,
EXECUTIVE SUMMARY
COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO
ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE
OBJECTIVE: For the Board of County Commissioners to declare a valid public
purpose for a Commissioner to attend function/event and approve payment by the Clerk.
CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County
Commissioners has determined that attendance at the functions of fraternal, business,
environmental, educational, charitable, social, professional, trade, homeowners, ethnic,
and civic association/organizations serves a valid public purpose, provided that said
functions reasonably relate to Collier County matters.
COMMISSIONER: Tom Henning, District 3
FUNCTIONÆVENT: Retirement Party for Ed Pcrico, Building Director
PUBLIC PURPOSE: To celebrate the retirement of a long-time Collier County
Government employee (18 years).
,-
DATE OF FUNCTIONÆVENT: June 5, 2004
FISCAL IMPACT: $35.00 Funds to be paid from Commissioner's travel budget.
RECOMMENDATION: That the Board of County Commissioners, in accordance with
Resolution No. 99-410, approve payment by the Clerk for Commissioner Henning to
attend function serving a valid public purpose.
SUBMITTED BY: Sam Tucker, Executive Aide to BCC
APPROVED BY: Sue Filson, Executive Manager to BCC
AGENDA DATE: May 11, 2004
-
Agenda Item No. 16H 1
May 11, 2004
Page 1 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
16H1
Item Summary
Commissioner Henning request for Board approval for payment to attend
function serving a valid public purpose. Ed Perico's retirement party; $35.00 to
be paid from Commissioner Henning's travel budget.
Meeting Date
5/11/2004 9:00:00 AM
Prepared By
Sam Tucker
Executive Aide to the BCC
Board of County
Commissioners
BCC Office
Approved By
Sue Filson
Executive Manager to the BCC
Date
Board of County
Commissioners
BCC Office
4/21/20044:02 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
5/3/20047:12 PM
Agenda Item No. 16H 1
May 11 2004
Page 2 of 3
Retirement Party for Ed Perlco, Building Director
When: June 5,2004
Time: 7:00 pm to 11 ~OO pm
Where: Italian American Club
Location: 7035 Airport Road (Intersection of Airport & Orange Blossom)
Price: $~.OO JM!f person,
Buffet· Dinner · D.J. · Cash, Bar
......cke'tsare limited first come, first served. .
All money is due by May 7, 2004
R.S.V.P. to Judy Puig, Building Review & Permitting- 403-2401
.\
Agenda Item No. 16H 1
May 11, 2004
Page 3 of 3
....---...-.-.
_.
EXECUTIVE SUMMARY
COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO
ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE
OBJECTIVE: For the Board of County Commissioners to declare a valid public
purpose for a Commissioner to attend function/event and approve payment by the Clerk.
CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County
Commissioners has determined that attendance at the functions of fraternal, business,
environmental, educational, charitable, social, professional, trade, homeowners, ethnic,
and civic association/organizations serves a valid public purpose, provided that said
functions reasonably relate to Collier County matters.
COMMISSIONER: Donna Fiala
FUNCTIONÆVENT: Leadership Collier Class of 2004 Graduation Ceremonies
PUBLIC PURPOSE: To honor and congratulate the graduates.
.-
DATE OF FUNCTIONÆVENT: Thursday, May 13,2004
FISCAL IMPACT: $50.00 - Funds to be paid from Commissioner's travel budget.
RECOMMENDATION: That the Board of County Commissioners, in accordance with
Resolution No. 99-410, approve payment by the Clerk for Commissioner Fiala to attend
function serving a valid public purpose.
PREPARED BY: Kathy Highbaugh, Executive Aide to BCC
APPROVED BY: Sue Filson, Executive Manager to BCC
AGENDA DATE: 5111/04
".,..-...
Agenda Item No. 16H2
May 11, 2004
Page 1 of 3
--_....
...---...--,..>......-
-
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
16H2
Item Summary
Commissioner Fiala requests Board approval for reimbursement to attend a
function serving a valid public purpose - Leadership Collier Class of 2004
graduation ceremonies on May 13. 2004 in the amount of $50.00. Funds to be
reimbursed from Commissioner's travel funds.
Meeting Date
5/11/20049:00:00 AM
Prepared By
Kathy Highbaugh
Board of County
Commissioners
Executive Aide to the BCC
BCC Office
Approved By
Sue Filson
Executive Manager to the BCC
Date
Board of County
~ Commissioners
BCC Office
5/4120042:01 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
5/4120044:00 PM
,--..
Agenda Item No. 16H2
May 11 , 2004
Page 2 of 3
Item Number
Item Summary
Meeting Date
Approved By
Sue Filson
Board of County
Commissioners
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1611
Miscellaneous Items to File for Record with Action as Directed.
5/11/20049:00:00 AM
Executive Manager to the BCC
BCC Office
Date
Approved By
4/30/200412:16 PM
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
Date
5/4/2004 1 :54 PM
Agenda Item No. 1611
May 11, 2004
Page 2 of 2
FOR BOARD ACTION:
A. Minutes:
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
May 11,2004
1. The Ochopee Fire Control District - Minutes of March 9, 2004.
2. Radio Road Beautification M.S.T.U. - Agenda for April 20, 2004~
Minutes of March 16, 2004.
3. Collier County Contractor's Licensing Board - Agenda for April 21, 2004.
4. Development Services Advisory Board - Agenda for March 3, 2004;
Minutes of March 3,2004. Budget & Operations Sub-Committee-
Agenda for March 10, 2004; Minutes of March 10, 2004.
5.
,-. 6.
7.
8.
9.
.-.
H:DatalFormat
Historical & Archeological Preservation Board - Agenda for April 21,
2004; Minutes of March 17, 2004.
Parks and Recreation Advisory Board - Agenda for April 21, 2004~
Minutes of February 18, 2004.
Coastal Advisory Committee - Minutes of March 11, 2004.
Collier County Planning Commission - Agenda for April 15,2004;
Minutes of March 4, 2004.
Pelican Bay Services Division - Agenda for April 21, 2004; Minutes of
April 7, 2004. Budget Sub-Committee - Agenda for April 21, 2004;
Minutes of March 17, 2004.
Agenda Item No. 1611
May 11 , 2004
Page 1 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
1611
Item Summary
Miscellaneous Items to File for Record with Action as Directed.
Meeting Date
5/11/2004 9:00:00 AM
Approved By
Sue Filson
Executive Manager to the BCC
Date
Board of County
Commissioners
BCC Office
4/30/200412:16 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
5/4/20041 :54 PM
Agenda Item No. 1611
May 11, 2004
Page 2 of 2
.- "'-"'-'---"-~'-'-"'-------
,,-.
EXECU'l':IVE SUMMARY
Recommend that the Board of County Commissioners
coordinating unit of government in the Florida
Enforcement's Anti-Drug Act Formula Grant Program.
serve as the local
Department of Law
----------------------------------------------------------------------
OBJECT:IVE :
To seek appointment of the Collier County Commission as the
coordinating unit for local application for anti-drug abuse grants.
CONSIDERATION:
1. The Collier County Commission has participated in the Anti Drug
Abuse grant (Edward Byrne Grant) program for fifteen years.
2. The Collier County Program has proven to be a valuable project.
3. The Florida Department of Law Enforcement has allocated $212,649
for State Fiscal Year 2005 Collier County grants.
4. The Sheriff's Office will seek sixteenth year Edward Byrne Grants
for authorized grant program areas including but not limited to
Juvenile Intensive Supervision for one continued position, Child
Abuse (Sexual Predator) for one new position, and Anti-Terrorism
Training/ Equipment for specialized equipment.
5. Board approval is needed for: the Collier County Commission to
continue in the capaci ty of local coordinator, the Sheri ff 's
Office grant applications for fiscal year 2004/2005, to authorize
acceptance of awards, and associated budget amendments.
---
FISCAL :IMPACT:
Twenty five (25%) percent local matching funds, $70,883 drawn
proportionate to share of funding received, from Confiscated Trust
Fund Reserves or general operating funds as available. Funds will be
appropriated in 2005 for the grant match.
GROWTH MANAGEMENT:
No recurring costs for subsequent years.
RECOMMENDATION:
That the Collier County Commission agrees to be the local coordinating
unit of government and authorize the Board Chairman to execute the
Certification of Participation for sixteenth year funding, approve the
Sheriff's Office grant applications for fiscal year 2004/2005,
authorize acceptance of awards, and approve associated budget
amendments.
Certification of Confiscated Trust Fund Reauest
This request is a legitimate expenditure of Confiscated Trust Funds
under Section 932.7055 (4) (a) Florida Statutes to provide matching
funds to obtain federal grants.
,--
Agenda Item No. 16J1
May 11 2004
Page 1 of 3
'~"-,...._"'.,,',-."'''''_.._ '",··~,,·'.·O........"'_iO..,~".,.'...·,"
Item Number
Item Summary
Meeting Date
Approved By
Michael Smykowski
County Manager's Office
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16J1
Recommend that the Board of County Commissioners serve as the Local
Coordinating Unit of Government in the Florida Department of Law
Enforcement's Anti-Drug Abuse Act Formula Grant Program.
5/11/2004 9:00:00 AM
Management & Budget Director
Date
Office of Management & Budget
5/4/2004 3:02 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
5/4/2004 4:24 PM
Agenda Item No. 16J1
May 11, 2004
Page 2 of 3
CERTIFICATE OF PARTICIPATION
Edward Byrne Memorial State and Local Law Enforcement Assistance
Formula Grant Program
Date:
May 11, 2004
Mr. Clayton H. Wilder
Community Program Administrator
Office of Criminal Justice Grants
Florida Department of Law Enforcement
2331 Phillips Road
Tallahassee, Florida 32308
Dear Mr. Wilder:
This is to inform you that the Board of County Commissioners Accepts ..L
Declines - the invitation to serve as the coordinating unit of government in the
Florida Department of Law Enforcement's Edward Byrne Memorial State and
Local Law Enforcement Assistance Formula Grant Program.
For purposes of coordinating the preparation of our application(s) for grant funds
with the Office of Criminal Justice Grants, we have designated the following
person:
Name: .TO'!fr"p H/"\11r.::ln
Title:
Grant Coordinator
E-mail address: Qrants@colliersheriff.orQ
Agency: Collier County Sheriff's Office
Address330l Tamiami Trail Ea~t, Building J-l. Naples, Fl. ~11~
Telephone: 239-793-9346
Date: M.::IY 11. 'nru1
County:
Collier
Sincerely,
Chair, Board of County Commissioners
Donna Fiala
Approved as to form & legalsultici&v.y
/J~~
.
.a 8M" "'\ ComatJ AUca8J
Agenda Item No, 16J 1
FFY 2004 Byrne prograJY11¥'a°~~~~§
Enclosure 2
.-'
EXECUTIVE SUMMARY
THAT THE BOARD OF COUNTY COMMISSIONERS MAKE A
DETERMINATION OF WHETHER THE PURCHASES OF GOODS AND
. SERVICES DOCUMENTED IN THE DETAILED REPORT OF OPEN PURCHASE
ORDERS SERVE A VALID PUBLIC PURPOSE AND AUTHORIZE THE
EXPENDITURE OF COUNTY FUNDS TO SATISFY SAID PURCHASES.
OBJECTIVE: To have the Board of County Commissioners make a
determination whether the purchase orders opened from April!. 2004 through April 30.
2004 serve a valid public purpose and authorize the expenditure of County funds to
satisfy said purchases.
CONSIDERATIONS: To ensure compliance with State law. the Clerk's Office
has prepared a detail list of all purchase orders that have not previously been approved by
the Board of County Commissioners that were opened for the period April 1, 2004
through April 30, 2004. This report is available for inspection and review in the County
Manager's Office.
FISCAL IMPACT: The goods and services included in the aforementioned report have
all been previously appropriated.
: -
I
GROWTH MANAGEMENT IMPACT:
related to this item.
There is no Growth Management Impact
RECOMMENDATION: That the Board of County Commissioners make a
detennination of whether the purchases of goods and services documented in the detailed
report of open purchase orders serve a valid public purpose and authorize the expenditure
of County funds to satisfy said purchases.
Prepared By: ~, g ;Ø..'/'d
1 es L. Mitchell, CIA, CFE. CBA
Director of Finance and Accounting
Date: .f" /q M y-
o 0 f
Reviewed an
Approved B
Date: S'1e.¡ /0 Y
.-
on stance Murray
General Operations Manager
Agenda Item No. 16J2
May 11, 2004
Page 1 of 2
'"-----".
"-".-.."-,-,-...".-..-,,.-.,..
."'""'.-.--.-"" ...,.
. ...."..._-~..-_..... . ....".... .---.,,-.
Item Number
Item Summary
Meeting Date
Approved By
Michael Smykowski
County Manager's Office
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16J2
That the Board of County Commissioners make a determination of whether the
purchases of goods and services documented in the Detailed Report of Open
Purchase Orders serve a valid purpose and authorize the expenditure of County
funds to satisfy said purchases. A copy of the Detailed Report is on display in
the County Manager's Office, Collier County Government Center, 3301 East
Tamiami Trail, W. Harmon Turner Building, 2nd Floor, Naples.
5/11/2004 9:00:00 AM
Management & Budget Director
Date
Office of Management & Budget
5/5/200412:14 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
5/5/2004 12:51 PM
Agenda Item No. 16J2
May 11, 2004
Page 2 of 2
.-
EXECUTIVE SUMMARY
Approve Agreed Order and Authorize Payment of Appraisal Fees and Planning
Fees for Parcels 102 and 702 in the Lawsuit Styled Collier County v. Faith Bible
Church of Naples, Inc., et. al., Case No. 99-2165-CA (Immokalee Road Project
#69101).
OBJECTIVE: That the Board of County Commissioners approve the Agreed Order and authorize
payment of appraisal fees and planning fees with respect to Parcels 102 and 702 in the lawsuit
styled Collier County v. Faith Bible Church of Naples, Inc., et aI., Case No. 99-2165-CA.
CONSIDERATIONS: On August 27, 1999, an Order of Taking was entered in Collier County
Circuit Court regarding the acquisition of Parcels 102 and 702 for the lmmokalee Road project
(Project No. 69101). On September 9, 1999, Collier County deposited with the Registry of the
Court the sum of $10,750.00 for Parcels 102 and 702 thereby vesting title in the Parcels in Collier
County.
On March 11,2004, a Stipulated Final Judgment was entered whereby the property owner was fully
and fairly compensated for the property interests taken in the amount of $20,940.00. The County is
now required to pay the reasonable costs of the property owner pursuant to Section 73.091, F.S.
Through negotiations, the property owner's experts have agreed to accept the sum of $9000.00 for
appraisal fees and $5700.00 for planning fees for Parcels 102 and 702. The County Attorney's
Office has prepared an Agreed Order, a copy of which is attached as Exhibit "A",
FISCAL IMPACT: Funds in the amount of $14,700.00 are available from the Transportation
Supported Gas Tax and Impact Fee Funds. Source of funds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners approve the Agreed Order
and authorize payment of $14,700.00 to the Stewart & Keyes Trust Account on behalf of the
property owner for appraisal fees and planning fees for Parcels 102 and 702.
-
Agenda Item No. 16K1
May 11, 2004
Page 1 of 4
"-'-'-'-""""
'...--.,.--
,.----...
..--
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16K1
Approve Agreed Order and Authorize Payment of Appraisal Fees am! Planning
Fees for Parcels 102 and 702 in the Lawsuit Styled Collier County V Faith ß,ble
Church of Naples, Inc., et at, Case No. 99-2165-CA (Immokalee Road Project
#69101 ).
5/11/2004 9:00:00 AM
Assistant County Attorney
Prepared By
Heidi F. Ashton
County Manager's Office
County Attorney Office
Date
Approved By
Lisa Taylor
Transportion Services
Management/Budget Analyst
Transportation Administration
412612004 3:01 PM
Date
Approved By
Kevin Hendricks
Transportlon Services
Right Of Way Acquisition Manager
Transportation Engineering and
Construction
41271200412:36 PM
Approved By
Gregg R. Strakaluse
Transportion Services
Transportation Engineering/
Construction Mgmt Director
Transportation Engineering and
Construction
Date
41271200410:01 AM
Sharon Newman
Accounting Supervisor
Date
Approved By
Transportlon Services
Transportation Administration
4128120042:55 PM
Approved By
Norm E. Feder, AICP
Transportlon Services
Date
Transportation Division Administrator
Transportation Services Admin.
4/2912004 6:55 AM
Date
Approved By
David C. Weigel
County Manager's Office
County Attorney
County Attorney Office
4129120044:24 PM
Pat Lehnhard
Administrative Assistant
Date
Approved By
County Manager's Office
Office of Management & Budget
41301200411:08 AM
Date
Approved By
Susan Usher
County Manager's Office
Senior Management/Budget Analyst
Office of Management & Budget
4130120043:56 PM
Date
Approved By
Michael Smykowskl
County Manager's Office
Management & Budget Director
Office of Management & Budget
5131200412:01 PM
County Manager
Date
Approved By
.-
James V. Mudd
Board of County
Commissioners
County Manager's Office
514120044:27 PM
Agenda Item No. 16K1
May 11, 2004
Page 2 of 4
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a
political subdivision of the State of
Florida,
Case No.:
99-2165-CA
Petitioner,
Parcel Nos.: 102 & 702
vs.
FAITH BffiLE CHURCH OF NAPLES,
INc., et at,
Respondents.
I
AGREED ORDER
THIS CAUSE, having come before the Court upon joint motion made by Petitioner,
COLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondent, NOVA
CAPITAL, LP., by and through its undersigned counsel, for entry of an Agreed Order, and the
Court, being fully advised in the premises, it is hereby
ORDERED AND ADJUDGED that Respondent, NOVA CAPITAL, LP" receive from
Petitioner, COLLIER CQUNTY, FLORIDA, the sum of Nine Thousand Dollars and No/100
($9000.00) for appraisal fees incUlTed in connection with Parcels 102 and 702; it is further
ORDERED AND ADJUDGED that Respondent, NOVA CAPITAL, LP., receive from
Petitioner, COLLIER COUNTY, FLORIDA, the sum of Fifty-Seven Hundred Dollars and
No/100 ($5700.00) for planning fees incUlTed in connection with Parcels 102 and 702~ it is further
ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shall disburse the sum of
Fourteen Thousand Seven Hundred Dollars and No/100 (14,700.00) to the STEWART &
Agenda Item No, 16K1
May 11, 2004
Page 3 of 4
~~---~
,-
. -
.. KEYES TRUST ACCOUNT, c/o William A Keyes, Jr., Esquire, Stewart & Keyes, P.A, 2125 First
Street, Suite 101, p, O. Drawer 790, Fort Myers, FL 33902-0790 for appraisal fees and planning
fees for Parcels 102 and 702.
DONE AND ORDERED this - day of
, 2004 in Naples, CoJljer County, Florida.
CIRCUIT COURT JUDGE
Conformed copies to:
Heidi F. Ashton, Esquire
William A, Keyes, Jr., Esquire
E. Glenn Tucker. Esquire
NationsBank.. N.A. (South) - address unknown
Bookkeeping
JOINT MOTION
The parties, by and through their undersigned attorneys, hereby move for entry of the
foregoing Agreed Order as to Parcels 102 and 702.
Dated:
Dated:
HEIDI F. ASHTON, ESQUIRE@
Florida Bar No.: 0966770
OFFICE OF THE COUNTY ATTORNEY
Harmon Turner Building
330 1 East Tamiami Trail
Naples, FL 34112
(239) 774.8400 - Telephone
(239) 774-0225 - FacsimiJe
ATTORNEY FOR PETITIONER
WILLIAM A. KEYES, JR., ESQUIRE
Florida Bar No.: 0151638
STEWART & KEYES, P.A.
2125 First Street. Suite 101
P. 0, Drawer 790
Fort Myers, FL 33902-0790
(239) 334-7477 - Telephone
(239) 334-7941- Facsimile
A ITORNEY FOR RESPONDEl'IT
Agenda Item No. 16K1
May 11, 2004
Page 4 of 4
-
EXECUTIVE SUMMARY
Approve Agreed Order and Authorize Payment of Planning Fees and Appraisal
Fees for Parcel115B in the Lawsuit Styled Collier County v. Diane P. Haaga, et.
aI., Case No. 03-0518-CA (lmmokalee Road Project #60018).
OBJECTIVE: That the Board of County Commissioners approve an Agreed Order and authorize
payment of planning fees and appraisal fees with respect to Parcel 115B in the lawsuit styled
Collier County v. Diane P. Haaga, et ai., Case No. 03-0518-CA
CONSIDERATIONS: On May 13, 2003, an Order of Taking was entered in Collier County
Circuit Court regarding the fee simple acquisition of Parcel 115B for the Immokalce Road project
(Project #60018). On May 20, 2003, Collier County deposited with the Registry of the Court the
sum of $554,600.00 for Parcel 115B, thereby vesting title in the parcel in Collier County.
..-
On December 16, 2003, the Board of County Commissioners authorized the County Attorney's
Office to make an Offer of Judgment for Parcel 115B in the amount of $665,520.00. Respondents
accepted the County's offer and a Stipulated Final Judgment was entered on March 12,2004. The
County is now required to pay the reasonable costs of the property owners pursuant to Section
73.091, F.S. Through negotiations, the property owners' experts have agreed to accept the sum of
$3937.50 for appraisal fees and $8200.00 for planning fees for Parcel 115B. The County Attorney's
Office has prepared an Agreed Order, a copy of which is attached as Exhibit "A".
FISCAL IMPACT: Funds in the amount of $12,137.50 are available from the Transportation
Supported Gas Tax and Impact Fee Funds. Source of funds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners approve the Agreed Order
and authorize payment of $12,137.50 to the Roetzel & Andress Trust Account on behalf of the
property owners for planning fees and appraisal fees for Parcel 115B.
.-'
Agenda Item No. 16K2
May 11, 2004
Page 1 of 4
. .. --------
....-"", ..,-,-,* ...-. ..-....,.".-.".
,. ",- ....".... ....
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16K2
Approve Agreed Order and Authorize Payment of Planning Fees and Appraisal
Fees for Parcel 115B in the lawsuit Styled Collier County v. Diane P. Haaga,
at. ai, Case No. 03-0518-CA (Immokalee Road Project #60018).
5/11/2004 9:00'00 AM
Prepared By
Heidi F. Ashton
County Manager's Office
A&sl5tant County Attorney
County Attorney Office
Date
Approved By
Lisa Taylor
Transportlon Services
Management/Budget Analyst
Transportation Administration
4/2612004 3:02 PM
Date
Approved By
Kevin Hendricks
Transportion Services
Right Of Way Acquisition Manager
Transportation Engineering and
Construction
4/27/200412:36 PM
Approved By
Gregg R. Strakaluse
Transportion Services
Transportation Engineering!
Construction Mgmt Director
Transportation Engineering and
Construction
Date
4/27/200410:01 AM
Sharon Newman
Accounting Supervisor
Date
Approved By
Transportion Services
Transportation Administration
4/28/2004 3:08 PM
Approved By
Norm E. Feder, AICP
Transportlon Services
Transportation Division Administrator
Date
Transportation Services Admin.
4/29/2004 6:56 AM
Date
Approved By
David C, Weigel
County Manager's Office
County Attorney
COlU1ty Attorney Office
4/29/20044:26 PM
Pat Lehnhard
Administrative Assistant
Date
Approved By
County Manager's Office
OffIce of Management & Budget
4/30/200411:10 AM
Date
Approved By
Susan Usher
County Manager's Office
Senior Management/Budget Analyst
Office of Management & Budget
4130/20043:59 PM
Date
Approved By
Michael Smykowskl
County Manager's OffIce
Management & Budget Director
Office of Management & Budget
5/3/200412:04 PM
County Manager
Date
Approved By
James V, Mudd
Board of County
Commissioners
County Manager's Office
5/4/2004 6:38 PM
Agenda Item No. 16K2
May 11, 2004
Page 2 of 4
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a
political subdivision of the State of
Florida,
Case No.:
03-0518-CA
Petitioner,
Parcel No.: 115B
vs.
DIANE P. HAAGA, et al.,
Respondents,
I
AGREED ORDER
THIS CAUSE, having come before the Court upon joint motion made by Petitioner,
COLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondents,
DIANE P. HAAGA; ROBERT HAAGA; JOHN C. HAAGA, TRUSTEE; LUANNE VER SLUIS
HAAGA; PATRICIA PERLSTEIN; and SUSAN HANDVILLE, by and through their undersigned
counsel, for entry of an Agreed Order, and the Court, being fully advised in the premises, it is
hereby
ORDERED AND ADJUDGED that Respondents, DIANE P. HAAGA; ROBERT HAAGA;
JOHN C. HAAGA, TRUSTEE; LUANNE VER SLUIS HAAGA; PATRICIA PERLSTEIN; and
SUSAN HANDVILLE, receive from Petitioner, COLLIER COUNTY, FLORIDA, the sum of
Eighty-Two Hundred Dollars and No/tOO ($8200.00) for planning fees incurred in connection
with Parcel 115B it is further
ORDERED that Respondents, DIANE P. HAAGA; ROBERT HAAGA; JOHN C. HAAGA,
TRUSTEE; LUANNE VER SLUIS HAAGA; PATRICIA PERLSTEIN; and SUSAN
HANDVILLE, receive from Petitioner, COLLIER COUNTY, FLORIDA.~§l~iÐmY~
May 11, 2004
Page 3 of 4
"..
--
Hundred Thirty-Seven Dollars and 50/100 ($3937.50) for appraisal fees incurred in connection
with Parcel115B; it is further
ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shall disburse the sum of
Twelve Thousand One Hundred Thirty-Seven Dollars and SO/I00 ($12,137.50) to ROETZEL &
ANDRESS TRUST ACCOUNf, c/o Kennèth A. Jones, Esquire, Roetzel & Andress, 2320 First
Street, Suite 1000, Fort Myers, FL 33901 for planning fees and appraisal fees for ParcelllSB.
DONE AND ORDERED this - day of
, 2004 in Naples, Collier County,
Florida.
CIRCUIT COURT JUDGE
Conformed copies to:
Heidi F. Ashton. Esquire
Kenneth A. Jones. Esquire
E. Glenn Tucker, Esquire
Bookkeeping
JOINT MOTION
The Parties, by and through their undersigned attorneys, hereby move for entry of the
foregoing Agreed Order as to Pared 115B.
Dated:
Dated:
@J
KENNETH A. JONES, ESQUIRE
Florida Bar No.: 0200158
R 0 E1ZEL & ANDRESS
2320 First Street, Suite 1000
Fort Myers, FL 33901
(239) 337-3850 - Telephone
(239) 337 -0970 - Facsimile
A TIORNEY FOR RESPONDENTS
HEIDI F. ASHTON, ESQUIRE
Florida Bar No,: 0966770
OFFICE OF THE COUNTY A TIORNEY
Harmon TW1Ier Building
3301 East Tamiami Trail
Naples, FL 34112
(239) 774-8400 - Telephone
(239) 774-0225 - Facsimile
A TIORNEY FOR PETITIONER
Agenda Item No. 16K2
May 11, 2004
Page 4 of 4
EXECUTIVE SUMMARY
Approve Agreed Order and Authorize Payment of Planning Fees and Appraisal
Fees for Parcels 113, 713A and 7138 in the Lawsuit Styled Collier County v.
North Naples United Methodist Church, Inc., et. al., Case No. 02.1742.CA
(GoodIette.Frank Road Project #60134).
OBJECTIVE: That the Board of County Commissioners approve the Agreed Order and authorize
payment of planning fees and appraisal fees with respect to Parcels 113, 713A and 713B in the
lawsuÜ styled Collier County v. North Naples United Methodist Church, Inc., et al., Case No. 02-
1742-CA.
CONSIDERATIONS: On September 5, 2002, an Order of Taking was entered in Collier County
Circuit Court regarding the easement acquisition of Parcels 113, 713A and 713B for the Goodlette-
Fr<iuk Road project (Project #60134). On September 19, 2002, Collier County deposited with the
Registry of the Court the sum of $144,000.00 for Parcels 113, 713A and 713B, thereby vesting title
in the parcels in Collier County.
A Mediation Conference was held on February 17, 2004 in which the parties reached a settlement
agreement and a Stipulated Final Judgment was entered on March 30, 2004. The County is now
required to pay the reasonable costs of the property owner pursuant to Section 73.091, F.S.
Through negotiations, the property owner's experts have agreed to accept the sum of $8175.00 for
appraisal fees and $7700.00 for planning fees for Parcels 113, 717A and 713B. The County
Attorney's Office has prepared an Agreed Order, a copy of which is attached as Exhibit "A".
FISCAL IMPACT: Funds in the amount of $15,875.00 are available from the Transportation
Supported Gas Tax and Impact Fee Funds. Source of funds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners approve the Agreed Order
and authorize payment of $15,875.00 to the Roetzel & Andress Trust Account on behalf of the
property owner for planning fees and appraisal fees for Parcels 113, 713A and 713B.
"-,
Agenda Item No. 16K3
May 11, 2004
Page 1 of 5
~ ---------~ .
.,....,......-
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16K3
Approve Agreed Order and Authorize Payment of Planning Fees and Appraisal
Fees for Parcels 113, 713A and 7138 in the Lawsuit Styled Collier County v.
North Naples United Methodist Church, Inc., et. aI., Case No. 02-1742-CA
(Goodlette-Frank Road Project #60134),
5/11/20049:00:00 AM
Prepared By
Heidi F, Ashton
County Manager's Office
Assistant County Attorney
County Attorney Office
Date
ApprO\'ed By
Lisa Taylor
Transportion Services
Management/Budget Analyst
Transportation Administration
4126/20043:03 PM
Kevin Hendricks
Date
Apprond By
Transportion Services
Right Of Way Acquisition Manager
Transportation Engineering and
Construction
41271200412:37 PM
Approved By
Gregg R, Strakaluse
Transportion Services
Transportation Englneerlngl
Construction Mgmt Director
Transportation Engineering and
Construction
Date
412712004 10:03 AM
Sharon Newman
Date
Approved By
Transportion Services
Accounting Supervisor
Transportation Administration
4128120043:30 PM
Norm E. Feder, AICP
Date
Approved By
Transportion Services
Transportation Division Administrator
Transportation Services Admin,
4/29120046:58 AM
Approved By
Date
David C, Weigel
County Manager's Office
County Attorney
County Attorney Office
4129120044:27 PM
Date
Approved By
Pat lehnhard
County Manager's Office
Administrative Assistant
Office of Management & Budget
413012004 11: 11 AM
Date
Approved By
Susan Usher
County Manager's Office
Senior Management/Budget Analyst
Office of Management & Budget
413012004 4:01 PM
Date
Approved By
Michael Smykowskl
County Manager's Office
Management & Budget Director
Office of Management & Budget
5/3/2004 12:06 PM
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
514120046:40 PM
Agenda Item No. 16K3
May 11, 2004
Page 2 of 5
IN THE CIRCUIT COURT OF THE TIVENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a
political subdivision of the State of
Florida,
Case No.:
02-1742-CA
Petitioner,
Parcel Nos.: 113, 713A & 713B
vs.
NORTH NAPLES UNITED METHODIST
CHURCH, INC., et al"
Respondents,
I
AGREED ORDER
THIS CAUSE, having come before the Court upon joint motion made by Petitioner,
COLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondent,
NORTH NAPLES UNITED METHODIST CHURCH, INc., by and through its undersigned
counsel, for entry of an Agreed Order, and the Court, being fully advised in the premises, it is
hereby
ORDERED AND ADJUDGED that Respondent, NORTH NAPLES UNITED
METHODIST CHURCH, INc., receive from Petitioner, COLLIER COUNTY, FLORIDA, the sum
of Seventy-Seven Hundred Dollars and No/IOO ($7700.00) for planning fees incUITed in
connection with Parcels 113, 713A and 713B it is further
ORDERED that Respondent, NORTH NAPLES UNITED METHODIST CHURCH, INC.,
receive from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Eighty-One Hundred
Seventy-Five Dollars and No/IOO ($8175.00) for appraisal fees incurred in connection with
Parcels 113, 713A and 713B; it is further
Agenda Item No. 16K3
May 11 , 2004
Page 3 of 5
ORDERED that Petitioner, COll..IER COlTh'TY, FLORIDA, shall disburse the sum of
Flfteen Tbousand Eight Hundred Seventy-Five Dollars and No/l00 ($15,875.00) to ROEfZEL
& ANDRESS TRUST ACCOUNT, do Kenneth A. Jones, Esquire, Roetzel & Andress, 2320 First
Street, Suite 1000, Fort Myers, FL 33901 for planning fees and appraisal fees for Parcels 113,
713A and 713B,
DONE AND ORDERED this - day of
, 2004 in Naples, Collier County,
Florida.
CIRCUIT COURT JUDGE
Conformed copies to:
Heidi F, Ashton, Esquire
Kenneth A. Jones, Esquire
E. Glenn Tucker, Esquire
Bookkeeping
JOINT MOTION
The Parties, by and through their undersigned attorneys, hereby move for entry of the
foregoing Agreed Order as to Parcels 113, 713A and 713B.
Dated:
Dated:
~
KENNETH A. JONES, ESQUIRE
Florida Bar No.: 0200158
ROETZEL & Ai"IDRESS
2320 First Street, Suite 1000
Fort Myers, FL 33901
(239) 337-3850 - Telephone
(239) 337-0970 - Facsimile
ATTORNEY FOR RESPONDENT
HEIDI F. ASHTON, ESQUIRE
Florida Bar No.: 0966770
OFFICE OF THE COUNfY ATTORNEY
Harmon Turner Building
3301 East Tamiami Trail
Naples, FL 34112
(239) 774-8400 - Telephone
(239) 774-0225 - FacsÜDi]e
ATTORNEY FOR PETITIONER
Agenda Item No. 16K3
May 11, 2004
Page 4 of 5
Fifteen Thousand Eight Hundred Seventy-Five Dollars and No/100 ($15,875.00) to ROETZEL
& ANDRESS TRUST ACCOUNT, c/o Kenneth A. Jones, Esquire, Roetzel & Andress, 2320 First
Street, Suite 1000, Fort Myers, FL 33901 for planning fees and appraisal fees for Parcels 113,
713A and 713B.
DONE AND ORDERED this - day of
, 2004 in Naples, Collier County,
Florida.
CIRCUIT COURT JUDGE
Conformed copies to:
Heidi F. Ashton, Esquire
Kenneth A. Jones, Esquire
E. Glenn Tucker, Esquire
Bookkeeping
JOINT MOTION
The Parties, by and through their undersigned attorneys, hereby move for entry of the
foregoing Agreed Order as to Parcels 113, 713A and 713B.
Dated:
Dated:
KENNETH A. JONES, ESQUIRE
Florida Bar No.: 0200158
ROETZEL & ANDRESS
2320 First Street, Suite 1000
Fort Myers, FL 33901
(239) 337-3850 - Telephone
(239) 337-0970 - Facsimile
A TIORNEY FOR RESPONDENT
HEIDI F. ASHTON, ESQUIRE
Florida Bar No.: 0966770
OFFICE OF THE COUNTY A TIORNEY
Harmon Turner Building
3301 East Tarniarni Trail
Naples, FL 34112
(239) 774-8400 - Telephone
(239) 774-0225 - Facsimile
A TIORNEY FOR PETITIONER
Agenda Item No. 16K3
May 11, 2004
Page 5 of 5
EXECUTIVE SUMMARY
.-
Approve Agreed Order and Authorize Payment of Expert Fees and Costs for
Parcel 112 in the Lawsuit Styled Collier County v. Norma E. Banas, et. al, Case
No. 02-5137-CA (lmmokalee Road Project #60018).
OBJECTIVE: That the Board of County Commissioners approve an Agreed Order and authorize
payment of expert fees and costs with respect to Parcel 112 in the lawsuit styled Collier County v.
Norma E. Banas, et ai., Case No. 02-5137-CA.
CONSIDERA TIONS: On May 13, 2003, an Order of Taking was entered in Collier County
Circuit Court regarding the acquisition of Parcel 112 for the Immokalce Road project (Project
#60018). On May 20, 2003, Collier County deposited with the Registry of the Court the sum of
$137,500.00 for Parcel 112, thereby vesting title in the parcel in Collier County.
-
A Mediation Conference was held on October 6, 2003 in which the parties reached a settlement
agreement and a Stipulated Final Judgment was entered on November 19, 2003. The County is
now required to pay the reasonable costs of the property owners pursuant to Section 73.091, F.S.
Through negotiations, the property owners' experts have agreed to accept the sum of $12,200.00 for
appraisal fees, $9,800.00 for engineering fees, $300.00 for planning fees and $256.80 for the cost of
trial exhibits for Parcel 112. The County Attorney's Office has prepared an Agreed Order, a copy of
which is attached as Exhibit "A",
FISCAL IMPACT: Funds in the amount of $22,556,80 are available from the Transportation
Supported Gas Tax and Impact Fee Funds. Source of funds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners approve the Agreed Order
and authorize payment of $22,556.80 to the Gaylord Merlin Ludovici Diaz & Bain Trust Account
on behalf of the property owners for appraisal fees, engineering fees, planning fees and cost of trial
exhibits for Parcel 112.
.-
Agenda Item No. 16K4
May 11, 2004
Page 1 of 5
-~.
""'-'----'-"'_0" ."--,",,.. ".--.."
" '"'-...-..., ..." "
_.
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16K4
Approve Agreed Order and Authorize Payment of Expert Fees and Costs for
Parcel 112 in the Laws-uil Styled Collier County v. Norma E Banas, et. aI., Case
No. 02-5137-CA (Immokalee Road Project #60018).
5i11í2004 9:00:00 AM
Prepared By
Heidi F. Ashton
County Manager's Office
Assistant County Attorney
County Attorney Office
Apprond By
Lisa Taylor
Transportlon Services
Management/Budget Analyst
Transportation Administration
Date
4/26120043:04 PM
Kevin Hendricks
Date
Approved By
Transportion Services
Right Of Way Acquisition Manager
Transportation Engineering and
Construction
41271200412:37 PM
Approved By
Gregg R. Strakaluse
Transportion Services
Transportation Engineering!
Construction Mgmt Director
Transportation Engineering and
Construction
Date
Approved By
4/271200410:04 AM
Sharon Newman
Transportion Services
Accounting Supervisor
Transportation Administration
Date
Approved By
4128/2004 3:31 PM
Norm E. Feder, AICP
Transportion Services
Transportation Division Administrator
Transportation Services Admin.
Date
Approved By
4/29/2004 7:00 AM
David C. Weigel
County Manager's Office
County Attorney
County Attorney Office
Date
4/29/2004 4:29 PM
Approved By
Pat Lehnhard
County Manager's Office
Administrative Assistant
Office of Management & Budget
Date
4/30/200411:13 AM
Approved By
Susan Usher
County Manager's OffIce
Senior Management/Budget Analyst
Office of Management & Budget
Date
4/30/20044:08 PM
Approved By
Michael Smykowskl
County Manager's OffIce
Management & Budget Director
Office of Management & Budget
Date
5/3/200412:08 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
Date
5/4/2004 6:42 PM
Agenda Item No. 16K4
May 11, 2004
Page 2 of 5
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a
political subdivision of the State of
Florida,
Case No.:
02-5137-CA
Petitioner,
Parcel No.: 112
vs.
NORMA E. BANAS, et al.,
Respondents,
I
AGREED ORDER
THIS CAUSE, having come before the Court upon joint motion made by Petitioner,
COLLIER COUNTY, FLORIDA, by and through the undersigned counsel, and Respondents,
STANLEY FOGO, JR. and THERESA M. FOOO, by and through their undersigned counsel, for
entry of an Agreed Order, and the Court, being fully advised in the premises, it is hereby
ORDERED AND ADJUDGED that Respondents, STANLEY FOGG, JR, and THERESA
M. FOGG, receive from Petitioner, COLLIER COUNTY, FLORIDA, the aggregate sum of
Twenty- Two Thousand Five Hundred Fifty-Six Dollars and 80/100 ($22,556.80) for appraisal
fees, engineering fees, planning fees and costs of trial exhibits incurred in connection with Parcel
112; it is further
ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shall disburse the sum of
Twenty-Two Thousand Five Hundred Fifty-Six Dollars and 80/100 ($22,556.80) to GAYLORD
MERLIN LUDOVICI DIAZ & BAIN TRUST ACCOUNT, c/o Andrew Diaz, Esquire, Gaylord
Agenda Item No. 16K4
May 11 2004
Page 3 of 5
-...
Merlin Ludovici Diaz & Bain, 5001 West Cypress Street, Tampa, FL 33607-3887 for appraisal
fees, engineering fees. planning fees and costs of trial exnibits for Parcel 112.
DONE AND ORDERED this - day of
County, Florida.
Conformed copies to:
Heidi F. Ashton, Esquire
Andrew Diaz. Esquire
E. Glenn Tucker, Esquire
Bookkeeping
JOINT MOTION
, 2004, in Naples, Collier
CIRCUIT COURT JUDGE
The Parties, by and through their undersigned attorneys, hereby move for entry of the
foregoing Agreed Order.
Dated:
ANDREW DlAz, ESQUIRE
Horida Bar No.: 974196
GA YLORD MERLIN LUDOVICI DIAZ & BAIN
5001 West Cypress Street
Tampa, FL 33607-3887
(813) 221-9000 - Telephone
(813) 221-9030 - Facsimile
A TfORNEY FOR RESPONDENTS
Dated:
@
HEIDI F. ASlITON, ESQUIRE
Horida Bar No.: 0966770
COUNTY A TIORNEY'S OFFICE
Hannon Turner Building
3301 East Tamiami Troil
Naples. FL 34112
(239) 774-8400 - Telephone
(239) 774-0225 - Facsimile
ATIORNEY FOR PETITIONER
Agenda Item No. 16K4
May 11, 2004
Page 4 of 5
.--..
-----
fees, engineering fees, planning fees and costs of trial exhibits for Parcel 112.
DONE AND ORDERED this - day of
County, Florida.
Conformed copies to:
Heidi F. Ashton, Esquire
Andrew Diaz, Esquire
E. Glenn Tucker, Esquire
Bookkeeping
JOINT MOTION
, 2004, in Naples, Collier
CIRCUIT COURT JUDGE
The Parties, by and through their undersigned attorneys, hereby move for entry of the
foregoing Agreed Order.
Dated:
ANDREW DIAZ, ESQUIRE
Florida Bar No.: 974196
GAYLORD MERLIN LUDOVICI DIAZ & BAIN
5001 West Cypress Street
Tampa, FL 33607-3887
(813) 221-9000 - Telephone
(813) 221-9030 - Facsimile
A TIORNEY FOR RESPONDENTS
Dated:
HEIDI F. ASHTON, ESQUIRE
Florida Bar No.: 0966770
COUNTY ATIORNEY'S OFFICE
Harmon Turner Building
3301 East Tamiami Trail
Naples, FL 34112
(239) 774-8400 - Telephone
(239) 774-0225 - Facsimile
ATTORNEY FOR PETITIONER
Agenda Item No, 16K4
May 11 , 2004
Page 5 of 5
,-
EXECUTIVE SUMMARY
Approve Agreed Order and Authorize Payment of Expert Fees and Costs for
Parcel 120 in the Lawsuit Styled Collier County v. Calusa Pines Golf Club LLC,
et. al., Case No. 02-5140-CA (Immokalee Road Project #60018).
OBJECTIVE: That the Board of County Commissioners approve an Agreed Order and authorize
payment of expert fees and costs with respect to Parcel 120 in the lawsuit styled Collier County v.
Calusa Pines Golf Club UC, et al., Case No. 02-5140-CA.
CONSIDERATIONS: On May 13, 2003, an Order of Taking was entered in Collier County
Circuit Court regarding the acquisition of Parcel 120 for the Imrnokalcc Road project (Project
#60018). On May 20, 2003, Collier County deposited with the Registry of the Court the sum of
$466,400.00 for Parcel 12O, thereby vesting title in the parcel in Collier County.
,-
A Mediation Conference was held on October 20, 2003 in which the parties reached a settlement
agreement and a Stipulated Final Judgment was entered on November 19, 2003. The County is
now required to pay the reasonable costs of the property owners pursuant to Section 73.091, F.S.
Through negotiations, the property owners' experts have agreed to accept the sum of $13,000.00 for
appraisal fees, $11,500.00 for engineering fees, $3000.00 for planning fees and $300.00 for the cost
of trial exhibits for Parcel 120. The County Attorney's Office has prepared an Agreed Order, a copy
of which is attached as Exhibit "A".
FISCAL IMPACT: Funds in the amount of $27,800.00 are available from the Transportation
Supported Gas Tax and Impact Fee Funds. Source of funds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners approve the Agreed Order
and authorize payment of $27,800.00 to the Gaylord Merlin Ludovici Diaz & Bain Trust Account
on behalf of the property owners for appraisal fees, engineering fees, planning fees and cost of trial
exhibits for Parcel 120.
/-
Agenda Item No. 16K5
May 11, 2004
Page 1 of 5
-"---,",""
-~-"."-'"
. "."-----.
.-.--".-.-----
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
BOARD OF COUNTY COMMiSSIONERS
16K5
Approve Agreed Order and Authorize Payment 01 Expert Fees and Costs lor
Parcel 120 in the Lawsuit Styled Collier County v. Calusa Pines Golf Club LLC.
et. aI., Case No. 02-5140.CA (Immokalee Road Project #60018).
5/11/2004 9:00:00 AM
Prepared By
Heidi F. A$hton
County Managers Office
Assistant County Attorney
County Attorney Office
Approved By
Lisa Taylor
Transportlon Services
ManagementiBudget Analyst
Date
Transportation Administration
4/2612004 3:05 PM
Approved By
Kevin Hendricks
Transportion Services
Right Of Way Acquisition Manager
Transportation Engineering and
Construction
Date
4/27/200412:37 PM
Approved By
Gregg R. Strakaluse
Transportion Services
Transportation Engineering!
Construction Mgmt Director
Transportation Engineering and
Construction
Date
4/27/200410:06 AM
Sharon Newman
Date
Approved By
Transportlon Services
Accounting Supervisor
Transportation Administration
4/28/2004 3:33 PM
Norm E. Feder, AiCP
Approved By
Transportion Services
Transportation Division Administrator
Date
Transportation Services Admin.
4/29/2004 7:01 AM
Approved By
David C. Weigel
,County Managers Office
County Attorney
Date
County Attorney Office
4/2912004 4:31 PM
Date
Approved By
Pat lehnhard
County Managers Office
Administrative Assistant
Office of Management & Budget
4/30/200411:14 AM
Date
Approved By
Susan Usher
County Managers Office
Senior Management/Budget Analyst
Office of Management & Budget
4/30/2004 4:28 PM
Date
Approved By
Michael Smykowski
County Managers Office
Management & Budget DIrector
Office of Management & Budget
5/3/200412:10 PM
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Managers Office
5/4/2004 6:44 PM
Agenda Item No. 16K5
May 11, 2004
Page 2 of 5
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLŒR COUNTY, FLORIDA, a
political subdivision of the State of
Florida,
Case No,:
02-5140-CA
Petitioner,
Parcel No.: 120
vs.
CALUSA PINES GOLF CLUB LLC,
et al.,
Respondents.
I
AGREED ORDER
THIS CAUSE, having come before the Court upon joint motion made by Petitioner,
COLLŒR COUNTY, FLORIDA, by and through the undersigned counsel, and Respondents,
CLEARY HOLDINGS LLC and COLLIER EQUESTRIAN CENfER LLC, by and through their
undersigned counsel, for entry of an Agreed Order, and the Court, being fully advised in the
premises, it is hereby
ORDERED AND ADJUDGED that Respondents, CLEARY HOLDINGS LLC and
COLLŒR EQUESTRIAN CENfER LLC, receive from Petitioner, COLLIER COUNTY,
FLORIDA, the aggregate sum of Twenty-Seven Thousand Eight Hundred Dollars and NollOO
($27,800.00) for appraisal fees, engineering fees, planning fees and costs of trial exhibits incurred in
connection with Parcel 120; it is further
ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shall disburse the sum of
Twenty-Seven Thousand Eight Hundred Dollars and NollOO ($27,800.00) to GA YLORD
Agenda Item No, 16K5
May 11, 2004
Page 3 of 5
MERLIN LUDOVICI DlAZ & BAIN TRUST ACCOUNT, c/o Andrew Diaz. Esquire, Gaylord
Merlin Ludovici Diaz & BaiD, 5001 West Cypress Street, Tampa, FL 33607-3887 for appraisal
fees, engineering fees, planning fees and costs of trial exhibits for Parcel 120.
DONE AND ORDERED this - day of
County, Florida.
Conformed copies to:
Heidi P. Ashton, Esquire
Andrew Diaz, Esquire
E. Glenn Tucker, Esquire
Bookkeeping
JOINT MOTION
, 2004, in Naples, Comer
CIRCUIT COURT JUDGE
The Parties, by and through their undersigned attorneys, hereby move for entry of the
foregoing Agreed Order as to Parcel 120.
Dated:
ANDREW DIAZ, ESQUIRE
Florida Bar No.: 974196
GA YLORD MERLIN LUDOV1CI DlAZ & BAIN
5001 West Cypress Street
Tampa,FL 33607-3887
(813) 221-9000 - Telephone
(813) 221-9030 - Facsimile
ATTORNEY FOR RESPONDENrS
Dated;
HEIDI F. ASHTON, ESQUI~
Florida Bar No.: 0966770
COUNTY ATTORNEY'S OFFICE
Harmon Turner Building
3301 East Tamiami Trail
Naples, FL 34112
(239) 774-8400 - Telephone
(239) 774-0225 - Facsimile
A ITORNEY FOR PETITIONER
Agenda Item No. 16K5
May 11, 2004
Page 4 of 5
Merlin Ludovici Diaz & Bain, 5001 West Cypress Street, Tampa, FL 33607-3887 for appraisal
fees, engineering fees, planning fees and costs of trial exhibits for Parcel 120.
DONE AND ORDERED this - day of
County, Rorida.
Conformed copies to:
Heidi F. Ashton, Esquire
Andrew Diaz, Esquire
E. Glenn Tucker, Esquire
Bookkeeping
JOINT MOTION
, 2004, in Naples, Collier
CIRCUIT COURT JUDGE
The Parties, by and through Ù1eir undersigned attorneys, hereby move for entry of the
foregoing Agreed Order as to Parcel 120.
Dated:
ANDREW DIAZ, ESQUIRE
Florida Bar No.: 974196
GAYLORD MERLIN LUDOVICI DIAZ & BAIN
5001 West Cypress Street
Tarnpa,~ 33607-3887
(813) 221-9000 - Telephone
(813) 221-9030 - Facsimile
A TIORNEY FOR RESPONDENTS
Dated:
HEIDI F. ASHTON, ESQUIRE
Florida Bar No.: 0966770
COUNTY ATIORNEY'S OFFICE
Harmon Turner Building
3301 East Tamiami Trail
Naples, FL 34112
(239) 774-8400 - Telephone
(239) 774-0225 - Facsimile
A TIORNEY FOR PETITIONER
Agenda Item No. 16K5
May 11 , 2004
Page 5 of 5
EXECUTIVE SUMMARY
Approve Agreed Order and Authorize Payment of Appraisal Fees and
Contractor's Cost Estimate Fees for Parcels 117, 133, 717A, 717B and 733 in the
Lawsuit Styled Collier County v. Calusa Bay Master Association, Inc., et. al.,
Case No. 02-2040-CA (Goodlette-Frank Road Project #60134).
OBJECTIVE: That the Board of County Commissioners approve an Agreed Order and authorize
payment of appraisal fees and contractor's cost estimate fees with respect to Parcels 117, 133, 717 A,
717B and 733 in the lawsuit styled Collier County v. Ca/usa Bay Master Association, Inc., et a/.,
Case No. 02-2040-CA.
CONSIDERATIONS: On September 5, 2002, an Order of Taking was entered in Collier County
Circuit Court regarding the easement acquisition of Parcels 117, 133, 717A, 717B and 733 for the
Goodlette-Frank Road project (Project #60134). On September 19, 2002, Collier County deposited
with the Registry of the Court the sum of $402,100.00 for Parcels 117, 133, 717A, 717B and 733,
thereby vesting title in the parcels in Collier County.
-
The parties reached a settlement agreement at a mediation conference held on November 17, 2003
and a Stipulated Final Judgment was entered by the Court on December 30, 2003. The County is
now required to pay the reasonable costs of the property owner pursuant to Section 73.091, F.S.
Through negotiations, the property owner's experts have agreed to accept the sum of $26,500.00 for
appraisal fees and $3217.50 for contractor's cost estimate fees for Parcels 117, 133, 717 A, 717B and
733. The County Attorney's Office has prepared an Agreed Order, a copy of which is attached as
Exhibit "Au.
FISCAL IMPACT: Funds in the amount of $29,717.50 are available from. the Transportation
Supported Gas Tax and Impact Fee Funds. Souree of funds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMPACT: None,
RECOMMENDATION: That the Board of County Commissioners approve the Agreed Order
and authorize payment of $29,717.50 to the Becker & Poliakoff Trust Account on behalf of the
property owner for appraisal fees and contractor's cost estimate fees for Parcels 117, 133, 717A,
717B and 733.
,"'-
Agenda Item No. 16K6
May 11, 2004
Page 1 of 5
'---"...,-,..",,-,
.,.....,,-----
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16K6
Approve Agreed Order and Authorize Payment of Appraisal Fees and
Contractor's Cost Estimate Fees for Parcels 117. 133, 717A. 717B and 733 in
the Lawsuit Styled Collier County v. Calusa Bay r.;1aster Association, Inc. et. al..
Case No. 02-2040-CA (Goodiette-Frank Road Project #60134).
5/11/2004 9:00:00 AM
Prepared By
Heidi F. Ashton
County Manager's Office
Assistant County Attorney
County Attorney Office
Approved By
Lisa Taylor
Transportion Services
ManagementlBudget Analyst
Date
Transportation Administration
4/2612004 3:07 PM
Kevin Hendricks
Date
Approved By
Transportlon Services
Right Of Way Acquisition Manager
Transportation Engineering and
Construction
4/27/2004 12:38 PM
Approv'ed By
Gregg R. Strakaluse
Transportion Services
Transportation Engineering'
Construction Mgmt Director
Transportation Engineering and
Construction
Date
4/27/200410:07 AM
Approved By
Sharon Newman
Transportion Services
Accounting Supervisor
Date
Transportation Administration
4/28/2004 3:34 PM
Approved By
Norm E. Feder, AICP
Transportion Services
Transportation Division Administrator
Date
Transportation Services Admin.
4/29/2004 7:03 AM
Approved By
David C. Weigel
County Manager's Office
County Attorney
Date
County Attorney Office
4129/20044:32 PM
Pat Lehnhard
Date
Approved By
County Manager's Office
Administrative Assistant
Office of Management & Budget
4/30/200411:16 AM
Susan Usher
Approved By
County Manager's Office
Senior Management/Budget Analyst
Date
Office of Management & Budget
4/30/20044:32 PM
Approved By
Michael Smykowski
County Manager's Office
Management & Budget Director
Date
Office of Management & Budget
5/3/200412:13 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
5/3/20047:10 PM
Agenda Item No. 16K6
May 11. 2004
Page 2 of 5
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNfY, FLORIDA, a
political subdivision of the State of
Florida,
Case No.:
02- 2040-CA
Petitioner,
Parcel Nos,: 117,133, 717A, 717B
&733
vs.
CALUSA BAY MASTER ASSOCIATION,
INc., et aI.,
Respondents.
/
AGREED ORDER
THIS CAUSE, having come before the Court upon joint motion made by Petitioner,
COLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondent,
CALUSA BAY MASTER ASSOCIATION, INC., by and through its undersigned counsel, for
entry of an Agreed Order, and the Court, being fully advised in the premises, it is hereby
ORDERED
AND
ADJUDGED
that
Respondent,
CALUSA
BAY
MASTER
ASSOCIATION, INC., receive from Petitioner, COLLIER COUNfY, FLORIDA, the sum of
Twenty-Six Thousand Five Hundred Dollars and NoI100 ($26,500.00) for appraisal fees
incurred in connection with Parcels 117, 133, 717A, 717B and 733; it is further
ORDERED that Respondent, CALUSA BAY MASTER ASSOCIATION, INc., receive
from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Thirty-Two Hundred Seventeen
Dollars and 50/100 ($3217.50) for contractor's cost estimate fees incurred in connection with
Parcels 117, 133, 717A, 717B and 733; it is further
Agenda Item No. 16K6
May 11, 2004
Page 3 of 5
~
ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shaH disburse the sum of
Twenty-Nine Thousand Seven Hundred Seventeen DoJlars and 50/100 ($29,717.50) to the
BECKER & POLIAKOFF TRUST ACCOUNT do Michael R. Whitt, Esquire, Becker & Poliakoff,
P.A., 14241 Metropolis Avenue, Suite 100, Fort Myers, FL 33912 for apprllisal fees and
contractor's cost estimate fees for Parcels 117, 133, 717A, 717B and 733.
DONE AND ORDERED this - day of April, 2004, in Naples, Collier County, Florida.
CIRCUIT COURT JUDGE
Conformed copies to:
Heidi F. Ashton, Esquire
Michael R. Whitt, Esquire
E, Glenn Tucker, Esquire
Bookkeeping
JOINT MOTION
The Parties, by and through their undersigned attorneys, hereby move for entry of the
foregoing Agreed Order as to Parcels 117,133, 717A, 717B and 733,
Dated:
Dated:
@
HEIDI F. ASHTON, ESQUIRE
Florida Bar No.: 0966770
COUNTY ATTORNEY'S OFFICE
Harmon Turner Building
3301 East Tamiami Trail
Naples, FL 34112
(239) 774-8400 - Telephone
(239) 774-0225 - Facsimile
A TIORNEY FOR PETITIONER
MICHAEL R. WlßIT, ESQUIRE
Rorida Bar No.: 0725020
BECKER & POUAKOFF, P.A.
1424] Metropolis Avenue, Suite 1000
Fort Myers, FL 33912
(239) 433-7707 - Telephone
(239) 433-5933 - Facsimile
ATIORNEY FOR RESPONDENT
Agenda Item No. 16K6
May 11, 2004
Page 4 of 5
Twenty-Nine Thousand Seven Hundred Seventeen Dollars and 50/100 ($29,717.50) to the
BECKER & POLIAKOFF TRUST ACCOUNT c/o Michael R. Whitt, Esquire, Becker & Poliakoff,
P,A., 14241 Metropolis Avenue, Suite 100, Fort Myers,
FL 33912 for appraisal fees and
contractor's cost estimate fees for Parcels 117, 133, 717A, 717B and 733.
DONE AND ORDERED this - day of April, 2004, in Naples, Collier County, Florida.
CIRCUIT COURT JUDGE
Conformed copies to:
Heidi F. Ashton, Esquire
Michael R. Whitt, Esquire
E. Glenn Tucker, Esquire
Bookkeeping
JOINT MOTION
The Parties, by and through their undersigned attorneys, hereby move for entry of the
foregoing Agreed Order as to Parcels 117, 133, 717 A, 717B and 733.
Dated:
Dated:
MICHAEL R. WIllTI, ESQUIRE
Florida Bar No.: 0725020
BECKER & POLIAKOFF, P.A.
14241 Metropolis Avenue, Suite 1000
Fort Myers, FL 33912
(239) 433-7707 - Telephone
(239) 433-5933 - Facsimile
A TIORNEY FOR RESPONDENT
HEIDI F. ASHTON, ESQUIRE
Florida Bar No.: 0966770
COUNTY ATTORNEY'S OFFICE
Harmon Turner Building
3301 East Tamiami Trail
Naples, FL 34112
(239) 774-8400 - Telephone
(239) 774-0225 - Facsimile
A TIORNEY FOR PETITIONER
Agenda Item No. 16K6
May 11 , 2004
Page 5 of 5
--'-.
---
EXECUfIVE SUMMAR Y
Request by the Collier County Industrial Development Authority for approval of a
resolution authorizing the Authority to issue revenue bonds to be used to finance educational
facilities for Community School of Naples, Inc.
OBJECTIVE:
To accomplish the necessary approvals to authorize a proposed revenue bond issue by the
Coll1er County Industrial Development Authority to be used to fmance educational facilities for
Community School of Naples, Inc.
CONSIDERA nONS:
The Industrial Development Authority has been requested by Community School of Naples,
Inc. ("Community School"), to issue its bonds to finance certain educational facilities. The
project to be financed consists of the renovation of existing buildings and construction of new
academic facilities, the construction of a new field bouse and performing arts center, the
renovation of some existing high scbool space for administrative space, and the purchase of
equipment for these facilities.
This financing is a further installment of the financing for these facilities approved by the
Authority in November, 2002, and approved by the Board December 3,2002. The school has
constructed a part of the facilities with the previous funding, and is requesting additional bond
funding in order to advance the construction schedule for these facilities to take advantage of
substantial construction savings.
-
The Authoríty met on April 26, 2004 and considered the proposal. The meeting was
noticed by publication in the Naples Daily News in the manner required by the Internal Revenue
Code. No members of the public were present at the meeting to object and no comments were
received prior to the meeting. At the conclusion of the public hearing, the Authority determined
to proceed with the bond issue and adopted the attached Resolution to evidence this approval.
In addition to Authority approval, federal tax law requires that the County Commission,
as the local, governing body, must also approve the issuance of the tax-exempt bonds. This does
not have to be a specially advertised hearing, but must be done at a regularly noticed and held
meeting. A Resolution for the Board to adopt is attached,
As are all revenue bonds of this type, the bonds are based on revenues of the project and
are not obligations of the County, therefore there is no pledge of any taxes, nor a pledge of any
revenues except the revenues of Community School. Neither the County, the Board, nor any
officer of the County is liable for their payment, Further, the Resolution expressly provides that
C,\M,f_~""""Aûm~'" S,"""1100"",..s=mory,.pd
-.
Agenda Item No. 16K7
May 11, 2004
Page 1 of 10
""'-""'-----
'---"""'."""'.."". .
----
this approval by the Board does not abrogate any County regulations, including land use
regulations.
FISCAL IMPACT; TbÌ.<¡ program does not require any contribution from the Board of County
Commissioners or any other County agency. The bonds are not liabilities of the County, and the
County is not liable for payment in any way. On the other hand, the issuance of bonds for
educational facilities has a positive fiscal and social impact on the community. and the statutes
authorizing tbe Authodty to issue such bonds declare that such Ì.<¡suancc is for a public purpose.
The Community School has been in operation for many years in Collier COUnty, and serves a
valuable educational function.
GROWTH MANAGEMENT IMPACT: The adoption of the attached resolution will have no
adverse growth management consequences. The school is an existing facility well served by
existing infrastructure. The resolution expressly states that the school is subject to the LDC, the
Growth Management Plan, and any applicable concurrency requirements.
RECOMMENDA nON:
The Board of County Commissioners adopt the attached Resolution.
-2-
.'-
Agenda Item No. 16K7
May 11, 2004
Page 2 of 10
Item Number
Item Summary
Meeting Date
Approved By
David C. Weigel
County Manager's Office
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16K7
Request by the Collier County Industrial Development Authority for approval of
a resolution authorizing the Authority to issue revenue bonds to be used to
finance educational facilities for Community School of Naples, Inc.
5/11/2004 9:00:00 AM
County Attorney
Date
County Attorney Office
4/30/200411 :59 AM
Approved By
Pat Lehnhard
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
4/30/200412:54 PM
Approved By
Michael Smykowski
County Manager's Office
Management & Budget Director
Date
Office of Management & Budget
4/30/20044:14 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
5/312004 7:07 PM
----...
Agenda Item No, 16K7
May 11, 2004
Page 3 of 10
RESOLUTION NO. 04--
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA APPROVING THE ISSUANCE OF
REVENUE BONDS BY THE COLLIER COUNTY INDUSTRIAL
DEVELOPMENT AUTHORITY IN AN AMOUNT NOT EXCEEDING
$10,000,000, AS REQUIRED BY SECTION 141(f) OF THE INTERNAL
REVENUE CODE, AS AMENDED; PROVIDING FOR OTHER RELATED
MATTERS.
Whereas, the Collier County Industrial Development Authority (the "Authority") is a
body corporate and politic ofCollier County, Florida ("Collier County") created by Collier
County Resolution No. 79-34 duly adopted by the Board of County Commissioners on February
27,1979 pursuant to Part III of Chapter 159, Florida Statutes, as amended, with the power to
issue revenue bonds for the purposes of financing a "project" as defined in Part II of Chapter 159,
Florida Statutes, as amended; and
Whereas, as set forth in the resolution of the Authority described below, Community
School of Naples, Inc., a Florida not for profit corporation, with certain facilities located within
the boundaries of Collier County, Florida, (the "Corporation") has requested the Authority to
issue its Educational Facilities Revenue Bonds (Community School of Naples, Inc Project) Series
2004 in an initial principal amount not to exceed $10,000,000 (the "Bonds") for the benefit of
the Corporation and to loan all or a portion of the proceeds thereof to the Corporation to fmance
the costs of the Project; aDd
Whereas, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"),
provides that the elected legislative body of the governmental unit which has jurisdiction over the
area in which the facility financed with the proceeds of tax exempt bonds is located is to approve
the issuance of such bonds after a public hearing; and
Whereas, the Board of County Commissioners of Collier County, Florida (the "Board") is
the elected legislative body of the County; and
Whereas, the Authority caused notice of a public hearing to consider approval of the
Bonds and the location and nature of the Project to be fmanced with the proceeds of the Bonds to
be published on April 9, 2004 in the Naples Daily News, a newspaper of general circulation in
the County, and a copy of said notice is attached as Exhibit A (the "Notice") to the Authority
Resolution described below; and
Whereas, the Authority held a public hearing on April 26, 2004, pursuant to the Notice
and adopted a resolution (the "Authority Resolution") authorizing the issuance of the Bonds, a
copy of which is attached as Exhibit A, and has recommended to the Board that it approve the
issuance of the Bonds in accordance with Section 147(t) of the Code; and
Whereas, for the reasoDs set forth above, the Board desires to approve the issuance of
such Bonds for the purposes of Section 147(f) of the Code.
Agenda Item No. 16K7
May 11 t 2004
Page 4 of 10
NOW, THEREFORE, BE IT RESOLVED BY TIlE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
Section 1. Approval of Issuance of the Bonds. This Board hereby approves the
issuance of the Bonds by the Authority for the purposes of Section I 47(f) of the Code.
The Bonds shall not constitute a debt, liability or obligation of Collier County, its Board
of County Commissioners, officers, agents or employees, or the State of Florida or any political
subdivision thereof, but shall be payable solely from the revenues provided therefor, and neither
the faith and credit nor any taxing power of Collier County or the State of Florida or any political
subdivision thereof is pledged to the payment of the principal of, premium, if any, and interest on
the Bonds. No member of the Board of County Commissioners of Collier County or any officer
or employee thereof shall be liable personally on the Bonds by reason of their issuance.
11ùs approval shall in no way be deemed to abrogate any regulations of Collier County
applicable to the project and the project shall be subject to all such regulations, including, but not
limited to, the Collier County Growth Management Plan, aU concurrency requirements contained
therein, and the Collier County Land Development Code.
Section 2. Severability. If any section, paragraph, clause or provision of this
Resolution shall be held to be invaJid or ineffective for any reason, the remainder of this
Resolution shall continue in full force and effect, it being expressly hereby found and declared
that the remainder of this Resolution would have been adopted despite the invalidity or
ineffectiveness of such section, paragraph, clause or provision.
Section 3. Effective Date. This Resolution shall take effect immediately upon its
adoption, and any provisions of any previous resolutions in conflict with the provisions hereof
are hereby superseded.
PASSED and Adopted this 11th day of May, 2004.
A lTEST:
Dwight E. Brock, Clerk
COLLIER COUNTY, FLORIDA BY
ITS BOARD OF COUNTY
COMMISSIONERS
By:
Deputy Clerk
Donna Fiala, Chainnan
[SEAL]
^:ite~l ~ L&
David C. Weigel, COli
'ency:
2
-
Agenda Item No. 16K7
May 11, 2004
Page 5 of 10
RESOLUfION NO. 2004-01
,-_/
AN INDUCEMENT RESOLUTION OF THE COLLIER
COUNTY INDUSTRIAL DEVELOPMENT AUfHORITY
REGARDING TIlE OFFICIAL ACTION OF THE AUfHORITY
WITII RESPECT TO THE PROPOSED ISSUANCE BY THE
AtITHORITY OF ITS EDUCATIONAL FACILITIES
REVENUE BONDS (COMMUNITY SCHOOL OF NAPLES,
INC. PROJECT) SERIES 2004 IN AN INITIAL AGGREGATE
PRINCIPAL AMOUNf NOT TO EXCEED $10,000,000 FOR
THE PRINCIPAL PURPOSE OF FINANCING OR
REFINANCING CERTAIN COSTS INCURRED OR TO BE
INCURRED BY COMMUNITY SCHOOL OF NAPLES, INC. IN
CONNECTION WITH THE ACQUISITION, CONSTRUCTION
AND EQUIPPING OF CERTAIN EDUCATIONAL
FACILITIES; AUfHORlZING THE EXECUfION AND
DELIVERY OF A PREUMINARY AGREEMENT BETWEEN
THE AUfHORlTY AND THE CORPORATION: AND
PROVIDING FOR RELATED MA TIERS.
WHEREAS, Community &bool of Naples Inc" a Florida not-for-profit corporation (the
"Corporatioñ") has applied 10 the Collier County Industrial Development Authority (the" Authority")
to issue a series of its private activity revenue bonds in the initial aggregate principal amount of not
to exceed $10,000,000 (the "Bonds") for the principal purpose of financing or refinancing certain
costS of acquisition of certain educational facilities (the 'Project") to be owned and operated by the
Corporation and paying costs associated with the issuance of the Bonds; and
WHEREAS, the Corporation has requested that the Authority loan the proceeds of the
Bonds to the Corporation pursuant to Chapter 159, Parts II and 10, Florida StatUtes, or such other
provision or provisions of Florida law as the Authority may determine advisable (the" Act") in order
to accomplish the foregoing purposes; and
WHEREAS, the issuance of the Bonds and the loaning of the proceeds thereof to the
Corporation to finance the costs of the Project under loan agreements or other financing
agreements, and pursuant to the terms thereof which win provide that payments thereunder be at
least sufficient to pay the principal of and interest and redemption premium, if any, on such Bonds
and such other costs in connection therewith as may be incurred by the Authority, will assist the
Corporation and promote the public purposes provided in the Act; and
WHEREAS, the Corporation has submitted that certain Preliminary Agreement for the
Issuance of Private Activity Revenue Bonds of even date herewith (the "Preliminary Agreement")
relating to the issuance of the Bonds; and
WHEREAS, in order to satisfy certain of the requirementS of Section 147(t) of the Internal
Revenue Code of 1986, as amended (the "Code"), the Authority did on the date bereofhold a public
-~'
----------------
-- ----------- - ~
EXHIBIT A TO BCC RESOLUTION
Agenda Item No. 16K7
May 11, 2004
Page 6 of 10
--"~
hearing on the proposed issuance of the Bonds for the purposes herein stated, which date is more
than 14 days following the nrst publication of notice of such public hearing in a newspaper of
general circulation in Collier County and which public hearing was conducted in a manner that
provided a reasonable opportunity for persons with differing views to be heard, both orally and in
writing, on the issuance of the Bonds and the location and nature of the Project, as more particularly
described in Exhibit A attached hereto; and
WHEREAS, it is intended that this Resolution shall constitute official action toward the
issuance of the Bonds within the meaning of the applicable United States Treasury Regulations in
addition to any other action that may have heretofore been taken by the Corporation;
NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY
INDUSTRIAL DEVELOPMENT AUTHORITY, mAT:
SECTION 1. AUfHORlTY FOR TInS RESOLUfION. This Resolution is adopted
pursuant to the provisions of the Act and other applicable provision.s of law.
SECTION 2. PRELIMINARY STATEMENT. This Resolution is entered into to permit
the Corporation to proceed with the financing of the costs of the Project and to provide an
expression of intention by the Authority, prior to the issuance of the Bonds. to issue and sell the
Bonds and make the proceeds thereof available for such purposes, all in accordance with and subject
to the provisions of the Act, the Constitution and other laws of the State of Florida and the laws of
the United States of America, including the Code. and this Resolution, but subject in all respects to
the terms of the Preliminary Agreement.
SECTION 3. APPROVAL OF THE FINANCING. The fmancing of the costs of the
Project by the Authority through the issuance of the Bonds, pursuant to the Act, will promote the
economic development, prosperity, health and welfare of the citizens of Collier County, will
promote the general economic structure of Collier County, and will thereby serve the public
purposes of the Act and is hereby preliminarily approved, subject, however, in all respects to the
Corporation meeting the conditions set forth in the Preliminary Agreement to the sole satisfaction
of the Authority,
SECTION 4. EXECUfION AND DELIVERY OF PRELIMINARY AGREEMENT.
The Chairman or the Vice-Chairman is hereby authorized and directed to execute. for and on behalf
of the Authority, the Preliminary Agreement, in the fonn attached hereto as Exhibit" A", between
the Authority and the Corporation providing understandings relative to the proposed issuance of the
Bonds by the Authority to finance the costs of the Project in an aggregate principal amount not to
exceed the lesser of (a) $10,000,000 or (b) the amount determined by the Authority and the
Corporation to be necessary to accomplish the foregoing purposes.
SECTION 5. AuTHORIZATION OF THE BONDS. There is hereby authorized to be
issued and the Authority hereby determines to issue the Bonds, if so requested by the Corporation
and subject in all respects to the conditions set forth in the Preliminary Agreement, in an aggregate
2
Agenda Item No. 16K7
May 11, 2004
Page 7 of 10
principal amount not to exceed $10,000,000 for the principal purpose of financing the costs of the
Project as described in the Preliminary Agreement. The rate of interest payable on the Bonds shall
not exceed the maximum rate permitted by law.
SECTION 6. GENERAL AUfHORlZATION. The Chairman and the Vice-Chainnan
are hereby further authorized to proceed, upon execution of the Preliminary Agreement, with the
undertakings provided for therein on the part of the Authority and are further authorized to take such
steps and actions as may be required or necessary in order to cause the Authority to issue the Bonds
subject in all respects to the terms and conditions set forth in the Preliminary Agreement authorized
hereby.
SECTION 7. OFFICIAL ACTION. This resolution is an official action of the Authority
toward the issuance of the Bonds, as contemplated in the Preliminary Agreement, in accordance with
the purposes of the laws of the State of Florida and the applicable United States Treasury
Regulations.
SECTION 8. LIMITED OBLIGATIONS. The Bonds and the interest thereon shall not
constitute an indebtedness or pledge of the general credit or taxing power of Collier County, the
State of Aorida or any politicaJ subdivision or agency thereof but shall be payable sole1y from the
revenues pledged therefor pursuant to a loan agreement or other financing agreement entered into
between the Authority and the Corporation prior to or contemporaneously with the issuance of the
Bonds. The Authority has no taxing power.
SECTION 9. LIMITED APPROVAL. The approval given herein shall not be construed
as an approval or endorsement of approval of any necessary rezoning applk:ations nor for any other
regulatory permits relating to the Project and the Authority shall not be construed by reason of its
adoption of this resolution to have waived any right of Collier County or estopping CoUier County
from asserting any rights or responsibilities it may have in that regard.
SECTION 10.
EFFECTIVE DATE. This Resolution shall take effect immediately.
ADOPTED this 26th day of April, 2004.
,¡'!>'~:'.: ~;" . '
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st ""'111'"
COLLIER COUNTY INDUSTRIAL
~
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3
-'
Agenda Item No, 16K7
May 11, 2004
Page 8 of 10
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EXHIBIT A TO AUTHORITY
RESOLUTION
Agenda Item No, 16K7
May 11 2004
Page 9 of 10
DONALD A. PICKWORTH, Po^-
ATTORNEY AT LAW
SUITB 502 NBWGATK TOWER
5'50 NORTH TA>lIAMi TRAIL
NAPLES. FLORiDA :3410:3
.. mail picklaw@earth1in)-J1el
,jF¡CE U!= ¡HE
COUNTY AíTORNE:'{
20114 APR 30 AM 10; 10
FAX (239) 598-1161
(2:39) 263-8060
April 29,2004
Via Hand Delivery
David C. Weigel, Esquire
Collier County Attorney
Collier County Courthouse/Bldg F
Naples, FL 34112
Re:
May 11,2004 Agenda
Dear David:
I am enclosing the following documents for inclusion in the May 11, 2004 agenda:
1.
Executive Summary relating to approval of Industrial Development Authority
Bonds for educational facilities.
2.
Resolution to be adopted by the Board of County Commissioners at the Board
meeting of May 11, 2004 approving the Bonds.
3.
Exhibit to BCC Resolution consisting of the Inducement Resolution adopted by
the Authority at its meeting on April 26. and including as an exhibit to the
Inducement Resolution, the Affidavit of Publication for the required TEFRA
hearing conducted by the Authority.
Since we have been placing these items on the Consent Agenda recently. 1 would
request that this also be on Consent. Thank you for your assistance in this, and if you have
any questions or need further information, please contact me.
Very truly yours,
æ~1
Donald A. Pickworth
EnclosuH.'$
Agenda Item No, 16K7
May 11, 2004
Page 10 of 10
E XE CUTIVE SUMMA R Y
CU-2003-AR-3914, Ann Phillips Pre-School, represented by Terrance L. Kepple, PE, of Kepple
Engineering, Inc., requesl,> Conditional Use No.3 of the RMF-6 District for a child care center.
The property to be considered for the conditional use is located at 860 1O2nd Avenue North, in
the Naples Park Subdivision, in Section 28, Township 48 South, Range 25 East, Collier County,
Florida and consists of 0.46 acres.
OBJECTIVE:
Staff requests that the Board of Zoning Appeals review starr s findings and recommendations
along with the recommendations of the Collier County Planning Commission (CCPC) regarding
the above referenced Conditional Use petition and render a decision regarding the petition.
CONSIDERATIONS:
The petitioner requests approval of Conditional Use Number 3 of the Residential Multi-family
(RMF-6) zoning district for an addition to an existing child care center, as specified in Section
2.2.5.3.3 of the Collier County Land Development Code, The proposed addition is
approximately 1,000 square feet in area. ll1C petitioner also proposes a re-design of the parking
lot to provide adequate parking and to facilitate drop-off and pick-up of children,
The sounds of children playing are nonnally associated with a residential neighborhood, In
addition, this is an existing child care center. Because this is a request for an expansion of a
child care center, the petitioner has agreed to provide additional landscaping and a wall, eight
feet in height, along the north and west property lines where the playground is near neighboring
properties.
. Child care may be allowed in residential districts through the Conditional Use process. In order
to buffer neighbors from the playground sounds, the petitioner has agreed to construct an eight-
foot wall and to add additional landscaping. Staff considers a child care center, with the
proposed buffering, to be compatible with the adjacent residential uses.
FISCAL IMPACT:
This Conditional Use will have no fiscal impact on Collier County. However, the further
development of the property will result in future fiscal impact on County public facilities. The
County collects impact fees prior to the issuance of building pennits to help offset the impacts of
each new development.
."-
Page 1 of 3
Agenda Item No. 17A
May 11, 2004
Page 1 of 44
..""...._.,~._-_..
" ,., -.,.-.""......
The esÜmated impact fees for a 1,000 square foot, 25 student, child care center addition would
be as follows:
Road
EMS
Jail
Govt Bldgs,
Fire
Water/Sewer
$13,475 ($539/student x 25)
$ 475 ($19/student x 25)
$ 160 ($,1599 per square foot x 1,000)
$ 4,620 ($184.80/student x 25)
$ 300 ($.30 per square foot x 1,000)
To Be Determined
TOTAL
$19,030
Please note that the inclusion of impact fees and taxes collected are for informational purposes
only, they are not included in the criteria used by Staff and the Planning Commission to analyze
this peÜtion,
GROWTH MANAGEMENT IMPACT:
Approval of this conditional use will not affect or change the requirements of the Growth
Management Plan.
ENVIRONMENTAL ISSUES:
The environmental staff's analysis indicates that the subject property consists of an existing child
care center. There are no environmental issues associated with the project; therefore, the
Environmental Advisory Council did not hear this petition,
IllSTORIC/ ARCHAEOLOGICAL IMPACT:
Staff's analysis indicates that the petitioner's property is not located within an Area of Historical
and Archaeological Probability as referenced on the official Collier County Probability Map.
Therefore, no surveyor waiver of Historic and Archaeological Survey & Assessment is required.
ENVIRONMENT AL ADVISORY COUNCIL (EAC) RECOMMENDATION:
The Environmental Advisory Council did not review this petition because the site is developed
with an existing child care center.
'-.
Page 2 of 3
Agenda Item No, 17A
May 11, 2004
Page 2 of 44
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION:
This petition was heard at the April 1, 2004 CCPC meeting. The Commission removed
Condition 2 as proposed by Staff (to provide a walkway from the sidewalk to the front door) and
replaced it with a condition that provided for an extra landscape tree adjacent to the playground.
A motion was made to forward petition CU-2003-AR-39 14 to the Board of Zoning Appeals with
a recommendation of approval, subject to the conditions in Exhibit C of the Resolution. The
motion passed 8 to 0,
STAFF RECOMMENDATION:
Staff recommends approval of CU-2003-AR-3914 subject to the following conditions:
1. A fence or wall, eight feet in height, shall be indicated on the site development plan along
the north and west sides of the playground. The wall shall be constructed prior to the
issuance of the certificate of occupancy for the building addition.
2, A marked walkway, five feet in width, shall be indicated on the site development plan,
connecting the sidewalk along lO2nd A venue North to the entrance of the building. The
walkway shall be constructed prior to issuance of the certificate of occupancy for the
building addition.
3. A tree, which meet" the minimum size requirements of Division 2.4 of the Land
Development Code and which is in excess of the quantitative requirement of Division
2.4, shall be indicated on the site development plan on the west side of the playground,
The tree shall be installed prior to the issuance of the certificate of occupancy for the
building addition.
Executive summary/CU-2003-AR-3914
'-.
Page 3 of 3
Agenda Item No. 17 A
May 11 , 2004
Page 3 of 44
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
17A
Item Summary
This item requires that all participants be sworn in and ex parte disclosure be
provided by Commission members. CU-2003-AR-3914, Ann Phillips Pre-
School, represented by Terrance L. Kepple,PE, of Kepple Engineering, Inc.,
requests Conditional Use #3 of the RMF-6 district for an addition to an existing
Child Care Center. The property to be considered for the Conditional Use is
located at 860 102nd Avenue North, in the Naples Park Subdivision, in Section
28, Township 48 South, Range 25 East, Collier County, Florida and consists of
0.46 acres.
Meeting Date
5/11/2004 9:00:00 AM
Prepared By
Fred Reischl, AICP
Principal Planner
Community Development &
Environmental Services
Zoning & Land Development Review
Approved By
Susan Murray, AICP
Community Development &
Environmental Services
Zoning & Land Development Director
Date
Zoning & Land Development Review
41231200412:57 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services
Community Development &
Environmental Services Admin.
4123120043:10 PM
Approved By
Ray Bellows
Community Development &
Chief Planner
Date
Environmental Services
Zoning & Land Development Review
412612004 11 :22 AM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
51112004 11 :49 AM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
5/31200412:18 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
513120047:03 PM
Agenda Item No. 17 A
May 11, 2004
Page 4 of 44
Co~ëT County
- ~~ -
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
HEARING DATE: APRIL 1, 2004
SUBJECf:
PETITION CU-2003-AR-39l4 ANN PHILLIPS PRESCHOOL CU
PROPERTY OWNER! AGENT:
OWNERS:
Katherine DiNatale
860 1O2nd Avenue North
Naples, FL 34108
Ann Phillips Enterprises, Inc.
860 1O2nd Avenue North
Naples, FL 34108
AGENT:
Terrance L. Kepple, PE
Kepple Engineering
3806 Exchange A venue
Naples, FL 34104
REQUESTED ACTION:
The petitioner requests approval of Conditional Use Number 3 of the Residential Multi-family
(RMF-6) zoning district for an addition to an existing child care center, as specified in Section
2.2.5.3.3 of the Collier County Land Development Code.
GEOGRAPHIC LOCATION:
The subject parcel is located on 1O2nd Avenue North, west of Tamiami Trail North (US 41) in
Section 28, Township 48 South, Range 2S East, Collier County, Florida.
CU-2003-AR-3914 April 1.2004 Page 1 of 6
Agenda Item No. 17 A
May 11, 2004
Page 5 of 44
PURPOSEIDESCRIPTION OF PROJECT:
The petitioner seeks a Conditional Use for an addition to an existing child care center. The
proposed addition is approximately 1,000 square feet in area. The petitioner also proposes a re-
design of the parking lot to provide adequate parking and to facilitate drop-off and pick-up of
children.
Conditional uses. Thefollowing uses are permitted as conditional uses in the RMF-6 district,
subject to the standards and procedures established in division 2.7.4.
1, Churches and houses of worship.
2. Schools, public and private.
3, Child care centers and adult day care centers,
4, Civic and cultural facilities,
5, Rec,:eationalfacilities not accessory to principal use,
6. Group care facilities (category I and 1I); care units; nursing homes; assisted living
facilities pursuant to 400.402 F,S. and ch. 58A-F.A.C; and continuing care retirement
communities pursuant to 651 F.S, and ch. 4-193 F,A.C; all subject to section 2,6.26.
7. Noncommercial boat launching facilities, ~,'Ubject to section 2,6,22.
8. Cluster development, subject to section 2.6.27,
9. Model homes and model sales centers, subject to compliance with all other LDC
requirements, to include but not limited to, LDC 2.6.33.4 as it may be amended,
-------lO2nd- Ave~-N~ -- - - - - - - - - ----
--
GU-2oo3-AR-3914 April 1, 2004
Page 2 of 6
-" --
~
~
""" Ph;';p (,t«pn.... tn.
860 102.0. Avo N
Nop,.. n. 34108
Agenda Item No. 17 A
May 11, 2004
Page 6 of 44
.-----.
SURROUNDING LAND USE & ZONING:
SUBJECT PARCEL:
Existing child care center, zoned RMF -6/PU (PU = Provisional
Use, the procedure preceding Conditional Use)
SURROUNDING:
North:
East:
South:
West:
1O2nd Avenue North ROW; across which are single family homes,
zoned RMF-6
Undeveloped property, zoned C-3
Single-family homes and a duplex, zoned RMF-6
Single-family home, zoned RMF-6
~lf' '~~.;~::.lIÞ"or~.-'
k .~ .1,
.~:- ~.
- to- - ;
... ~:
~.~;.~-
'- '11
". ..~
- I ..~..:."-;I
t
,I
GROWTH MANAGEMENT PLAN CONSISTENCY:
FUTURE LAND USE ELEMENT (FLUE): The subject property is designated Urban (Urban
Mixed - Use District, Urban Residential Subdistrict) on the Future Land Use Map of the Growth
Management Plan (GMP). This subdistrict permits a variety of nonresidential uses, including
facilities such as child care centers.
Based upon the above analysis, staff concludes that the proposed child care center expansion on
the subject site is consistent with the Future Land Use Element.
TRANSPORTATION ELEMENT: The Transportation Services Division reviewed the
proposed Conditional Use and found that it is consistent with Policy 5,1 and 5.2 of the
Transportation Element.
Agenda Item No. 17 A
May 11 2004
Page 7 of 44
ClJ-2oo3-AR-3914 April 1,2004 Page 3 of 6
ANALYSIS:
Before any Conditional Use recommendation can be offered to the Board of Zoning Appeals, the
Planning Commission must make findings that: 1) approval of the Conditional Use will not
adversely affect the public interest; and 2) all specific requirements for the individual
Conditional Use will be met; and 3) satisfactory provisions have been made concerning the
following matters, where applicable:
1. Consistency with the Land Development Code and the Growth Management Plan.
This request is consistent with the Growth Management Plan and, with the conditions
proposed by staff, this project will be in compliance with the applicable provisions of the
Land Development Code.
2. Ingress and egress to the property and proposed structures thereon, with particular
reference to automotive and pedestrian safety and convenience, traffic flow and control,
and access in case of fire or catastrophe.
Adequate ingress and egress to the site will be provided through the redesign of the parking
area to provide adequate parking and to provide for the drop-off and pick-up of children, In
addition, a sidewalk will be constructed along the northern property line and a walkway will
connect that sidewalk to the front entrance of the school.
3. The effect the Conditional Use would have on neighboring properties in relation to
noise, glare, economic or odor effects.
The sounds of children playing are nonnally associated with a residential neighborhood, In
addition, this is an existing child care center. However, because this is a request for an
expansion of a child care center, the petitioner has agreed to provide additional landscaping
and a wall, eight feet in height, along the south and west property lines where the playground
abuts neighboring properties,
4. Compatibility with adjacent properties and other property in the district.
Child care may be allowed in residential districts through the Conditional Use process. In
order to buffer neighbors from the playground sounds, the petitioner has agreed to construct
an eight-foot fence or wall and to add additional landscaping. Staff considers a child care
center, with the proposed buffering, to be compatible with the adjacent residential uses,
CONDITION DISCUSSION:
Staff has recommended conditions to be attached to any approval for this petition.
conditions are addressed below:
The
1. Condition 1 A fence or wall, eight feet in height, shall be indicated on the site
development plan along the north and west sides of the pl~dà loom ~OO~ 7tAe
May 11 2004
CU-2003-AR-3914 April 1,2004 Page 4 of 6 Page 8 of 44
westernmost ten feet of the south side of the playground, The wall shall be constructed
prior to the issuance of the certificate of occupancy for the building addition.
The eight-foot wall and additional landscaping will provide an additional noise buffer, and
reduce the number of objects thrown onto neighboring property by children,
2. Condition 2 A marked walkway, five-feet in width, shall be indicated on the site
development plan, connecting the sidewalk along 1O2nd A venue North to the entrance of
the building. The walkway shall be constructed prior to the issuance of the certificate of
occupancy for the building addition.
The walkway will provide a pedestrian-friendly entrance to the site,
NEIGHBORHOOD INFORMATION MEETING:
The Neighborhood Infonnation Meeting was held on August 12,2003, Two neighbors attended,
including the neighbor directly to the west. At the meeting, the petitioner agreed to a fence or
wall, eight feet in height, along the north and west sides of the playground and along the
westernmost ten feet of the south side of the playground. Besides being a noise baITier, this
additional buffer may reduce the number of objects (primarily pinecones) reportedly thrown on
neighbors' properties,
STAFF RECOMMENDATION:
Staff recommends that the Collier County Planning Commission recommend approval of
Petition CU-2003-AR-3914 to the Board of Zoning Appeals, subject to the following conditions:
1) A fence or wall, eight feet in height, shall be indicated on the site development plan
along the north and west sides of the playground and along the westernmost ten feet of
the south side of the playground. The wall shall be constructed prior to the issuance of
the certificate of occupancy for the building addition.
2) A marked walkway, five-feet in width, shall be indicated on the site development plan,
connecting the sidewalk along 1O2nd A venue North to the entrance of the building,
The walkway shall be constructed prior to the issuance of the certificate of occupancy
for the building addition,
GU-2003-AR-3914 April 1, 2004 Page 5 of 6
Agenda Item No. 17 A
May 11, 2004
Page 9 of 44
.
.
.
PREPARED BY:
3. S.oc.¡
DATE
FISCHL, AICP, PRINCIPAL PLANNER
DEPARTMENT OF ZONING AND LAND
DEVELOPMENT REVIEW
REVIEWED BY:
if(oLJ
~jÂ/ì "-{)~~
St)SAN MURRAY, AICP, DIRECT R
ÙEPARTMENTOF ZONING AND LAND
DEVELOPMENT REVIEW
3/l~ /~i
DATE '
APPROVED BY:
Collier County Planning Commission:
UiM
RUSSELL A. BUDD, CHAIRMAN
tf /0<-
DAT-
Staff report for the Aprill, 2004 Collier County Planning Commission Meeting
Tentatively scheduled for the May 11,2004 Board of County Commissioners Meeting
Attacluncnts: A.
B.
C.
Findings of Fact
Conceptual Master Plan
Proposed Conditions
CU-200~AR-3914 ApriI1.2004 Page 6 of 6
GU-2003-AR-3914 April 1,2004
Page 6 of 6
Agenda Item No, 17A
May 11, 2004
Page 10 of 44
------
--
APPLICA TION FOR PUBLIC HEARING FOR: CONDITIONAL USE
Petition No.:
Date Petition Received:
Commission District:
Planner Assigned: Fred Reischal
ABOVE TO BE COMPLETED BY STAFF
1.
General Information
Name of Applicant(s) Ann Phillip Enterprises. Inc.
Applicant's Mailing Address 860 10200 Ave. N.
City Naples
State
FL
Zip 34108
Applicant's Telephone #
597-5871
Fax #
Applicant's E-Mail ^:ddress:
Name of Agent Terrance Kepple
Finn
KePDle Engineering., Inc.
Agent's Mailing Address
3806 Exchange Ave,
City Naples
State FL
Zip 34104
403-1780
Fax # 403-1787
Agent's Telephone # 239
Agent's E-Mail Address:
KEIENGIN@AOL.COM
COLLIER COUNTY COMMUNITY DEVEWPMENT
PLANNING SERVICES/CURRENT PLANNING
2800 N. HORSESHOE DRIVE - NAPLES, FL 34104
PHONE (941) 4O3-2400IFAX (941) 643-6968 Agenda Item No. 17 A
May 11 2004
Page 11 of 44
Complete the following for aU Association(s) affiliated with this petition. (Provide additional
sheets j f necessary)
,"
Name of Homeowner Association:
Mailing Address
City
State - Zip
Name of Homeowner Association:
Mailing Address
City
State- Zip
, Name of Homeowner Association:
Mailing Address
City
State - Zip
.
,
Name of Master Association:
Mailing Address
City
State - Zip
Name of Civic Association:
Mailing Address
City
State - Zip
Disclosure of IDterest Information:
2.
a.
If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety,
tenancy in commo~ or joint tenancy, list an parties with an ownership interest as
well as the percentage of such interest. (Use additional sheets if necessary).
Name and Address
Percentage of Ownership
Agenda Item No, 17 A
May 11, 2004
Page 12 of 44
. .,--.---..
--~,.__. ...
'----
b.
If the property is owned by a CORPORATION, list the officers and stockholders and
the percentage of stock owned by each.
,..
Name, Address and Office
Katherine Dinatale
860 10200 Ave. N.
Percentage of Stock
I PO?;
c.
Ifthe'property is in the name of a TRUSTEE, list the beneficiaries of the trust with
the percentage of interest.
Name and Address
Percentage of Interest
.
.
d.
If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the
name of the general and/or limited partners.
Name and Address
Percentage of Ownership
e,
If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a
Corporatio~ Trustee, or a Partnership, list the names of the contract purchasers
below, including the officers, stockholders, beneficiaries, or partners,
Name and Address
Percentage of Ownership
Date of Contract:
Agenda Item No. 17 A
May 11, 2004
Page 13 of 44
f.
If any contingency clause or contract terms involve additional parties, list all
individuals or officers, if a corporation, partnership, or trust.
Name and Address
g,
Date subject property acquired (x) leased (): 8/89
Term of lease
yr.lmos.
If: Petitioner bas option to buy, indicate date of option:
terminates: , or anticipated closing date
and date option
h.
Should any changes of ownership or changes in contracts for purchase subsequent to
the date of application, but prior to the date of the final public hearing, it is the
responsibility of the applicant, or agent on his behalf, to submit a supplemental
disclosure of interest form.
3.
Detailed le2al descriotión of tbe prooertv covered by tbe application: (If space is
inadequate, attach on separat~ page.) If request involves change to more than one zoning
district, include separate legal description for property involved in each district Applicant
shall submit four (4) copies of a recent survey (completed within the last six months,
maximum 1" to 400' scale) if required to do so at the pre-application meeting.
NOTE: The applicant is responsible for supplying the correct legal description, If
questions arise concerning the legal description, an engineer's certification or sealed survey
may be required.
Section: 28 Township: 48
Lot: 46.47.& 48 Block: 72 Subdivision:
Plat Book Page .#:
Range:
25
Naples Park Unite 5
Property I.D.#: 62787840000. 62787800008
Metes & Bounds Description: Naples Park Unit 5 Blk 72 Lot 46. 47 & 48
4.
Size ofproøertv:
135. ft. X 150
ft. = Total Sq. Ft 20250
Acres .46
5.
Add reswenera I location ofsubiect property: 860 10200 Ave N.
6.
Adjacent roninS! and land use:
Agenda Item No, 17A
May 11 , 2004
Page 14 of 44
.--"
Zoning
N RMF -6
S RMF -6
E C-3
W RMF -6
Lan d use
10200 Ave N.
- -- Single family residence
Vacant
Single family residence
Does property owner o~ contiguous property to the subject property? If so, give
complete legal description of entire contiguous property. (If space is inadequate, attach on
separate page). NO
Section: Township: Range:
Lot: Block: Subdivision:
Plat Book ' Page #: Property 1.0.#:
Metes & Bounds Description:
7,
Type of Conditional Use: This application is requesting conditional use # 3
the RMF-6 district for (fYPE OF USE) Child care facility
of
Present Use of the Property:
Child care facility
8.
Evaluation Criteria: Provide a narrative statement describing this request for conditional
use. NOTE: Pursuant to Section 2,7,4. of the Collier County Land Development Code,
staff's recommendation to the Planning Commission and the Planning Commission's
recommendation to the Board of Zoning AppeaJs shall be based upon a finding that the
granting of the conditional use will not adversely affect the public interest and that the
specific requirements governing the individual conditional use, if any, have been met, and
that further, satisfactory provision and arrangement have been made concerning the
following matters, where applicable. Please provide detailed response to eacb of the
criterion listed below. Specify bow and wby tbe request is consistent witb eacb.
(Attacb additional pages as may be necessary).
a, Describe how the project is consistent with the Collier County Land Development
Code and Growth Management Plan (include information on how the request is
Agenda Item No. 17 A
May 11 2004
Page 15 of 44
consistent with the applicable section or portions of the future land use
element):
See Attached
b. Describe the existing or planned means of ingress and egress to the property and
proposed structure thereon with particular reference to automotive and pedestrian
safety arid convenience, traffic flow and control, and access in case of fire or
catastrophe: .
See Attached
c. Describe the effect the conditional use will have on neighboring properties in relation
to noise, glare, economic impact and odor:
See Attached
d Describe the site's and the proposed use's compatibility with adjacent properties and
other properties in the district
See Attached
e. Please provide any additional infonnation which you may feel is relevant to this
request.
See Attached
9.
Deed Restrictions: The County is legally precluded from enforcing deed restrictions,
however, many communities have adopted such restrictions. You may ~~~~~~rJfW~~ 17 A
May 11, 2004
Page 16 of 44
..----..
.'--.---.'
civic or property owners association in the area for which this use is being requested in
order to ascertain whether or not the request is affected by existing deed restrictions.
10.
Previous land use oetitioDS on the subject property: To your knowledge. bas a public
hearing been held on this p:operty within the last year? If so, what was the nature of that
h~n~ -
NO
11.
Additional Submittal requirements: In addition to this completed application, the
following must be submitted in order for your application to be deemed sufficjent. unless
otherwise waived during the preapplication meeting.
a. A copy of the pre-application meeting notes~
b. Sixteen- (16) copies of a 24" x 36" conceptual site plan [and one reduced 8W' xII"
copy of site plan]. drawn to a maximwn scale of 1 inch equals 400 feet. depicting the
following [Additional copies of the plan may be requested upon completion of staff
evaluation for distribution to the Board and various advisory boards such as the
Environmental Advisory Board (EAB). or CCPC];
. all èxisting and proposed structures and the dimensions thereof.
. provisions for existing and/or proposed ingress and egress (including pedestrian
ingress and egress to the site and the structure(s) on site),
. all existing and/or proposed parking and loading areas [include matrix indicating
required and provided parking and loading. including required parking for the
disabled],
. locations of solid waste (refuse) containen¡ and sernce function areas.
. required. yards. open space and preserve areas,
. proposed locations for utilities (as well as location of existing utility services to
the site),
. proposed and/or existing landscaping and buffering as may be required by the
County,
. location of all signs and lighting including a narrative statement as to the type.
character. and dimensions (such as height, area. etc.);
C. An Environmental Impact Statement (EIS). as required by Section 3.8. of the Land
Development Code (LDC),
d. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken
within the previous twelve months), minimum scale of one inch equals 400 feet. shall
be submitted. Said aerial shall identify plant and/or wildlife habitats and their
Agenda Item No, 17 A
May 11 2004
Page 17 of 44
~--~
boundaries. Such identification shan be consistent with Florida Department of
Transportation Land Use Cover and Founs Classification System.
e. Statement of utility provisions (with an required attachments and sketches)~
f. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting;
g. A historical and archeological surveyor waiver application if property is located
within an area of historical or archaeological probability (as identified at pre-
application meeting);
h. Any additional requirements as may be applicable to specific conditional uses and
identified during the pre-application meeting, including but not limited to any required
state or federal permits.
.
,
Agenda Item No. 17A
May 11, 2004
Page 18 of 44
,-
STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE REQUEST
1.
NAME OF APPLICANT:
Ann Phillips Enterorises. Inc,
2.
MAILING ADDRESS: 860 10200 Ave, N.
CITy. , Naples
ZIP 34109
3.
, M>DRESS OF SUBJECT PROPERTY (IF A V AILABLE):
86010200 Ave N.
4.
LEGAL DESCRIPTION:
Section: 28
Township: 48
Range: 25
Lot: 48
Block: 72
Subdivision:
Naples Park
Plat Book
Page ##:
Property LD.#: 62787840000. 62787800008
Metes & Bounds Description: Naples Park Unit 5 BLK 72 Lot 46. 47 & 48
5 . TYPE OF SEWAGE, DISlOSAL TO BE PROVIDED (Check ap~' ble system):
a. COUNTY UTILITY SYSTEM
b. CITY UTILITY SYSTEM
c. FRANCHISED UTILITY SYSTEM 0
PROVIDE NAME
d. PACKAGE TREATMENT PLANT 0
(GPD capacity)
e. SEPTIC SYSTEM 0
6.
TYPE OF WATER SERVICE TO BE PROVIDED:
a. COUNTY UTILITY SYSTEM'
b. CITY UTILITY SYSTEM
c. FRANCBtSED UTILITY SYSTEM
PROVIDE NAME
d. PRIVATE SYSTEM (WELL)
ð
0
0
Agenda Item No. 17A
May 11, 2004
Page 19 of 44
7. TOTAL POPULATION TO BE SERVED: 100 students
10.
11.
12.
_.#
8.
PEAK AND AVERAGE DAILY DEMANDS:
A. WATER-PEAK 250 gph AVERAGE DAILY 1000 gpd
B. SEWER-PEAK 250 goh AVERAGE DAILY 1000 god
IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL
WATER SYSTEM, PLEASE PROVIDE mE DATE SERVICE IS EXPECTED TO
BE REQUIRED: existing
9.
NARRATIVE STATEMENT: Provide a brief and concise narrative statement and
schematic drawing of sewage treatment process to be used as well as a specific statement
regarding the method of effluent and sludge disposal. If percolation ponds are to be used,
then percolation data and soil involved shaH be provided from tests prepared and certified
by a professional engineer.
COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located
within the'services boundaries of Comer County's utility service system, written notarized
statement shall be provided agreeing to dedicate to Collier County Utilities the water
distribution and sewage collection facilities within the project area upon completion of the
construction of these facilities in accordance with all applicable County ordinances in
effect at the at time. This statement shall also include an agreement that the applicable
system development charges and connection fees will be paid to the County Utilities
Division prior to the issuance of building pennits by the County, If applicable, the
statement shall contain shall contain an agreement to dedicate the appropriate utility
easements for serving the water and sewer systems.
STATEMENT OF AVARABILITY CAPACITY FROM OTHER PROVIDERS:
Unless waived or otherwise provided for at the pre-application meeting, if the project is to
receive sewer or potable water services from any provider other than the County, a
statement from that provider indicating that there is adequate capacity to serve the project
shall be provided
UtiJlty ProvIIIøa Stafemeot RJM 11117/97
Agenda Item No. 17 A
May 11, 2004
Page 20 of 44
AIV~ YH/ '-'-I r'
fJ£E - S qJco L
F::" ,ëe; è> Ke, s c4 L.
WITH APPLICATION
CONDITIONAL USE APPLICATION
SUBMITTAL CHECKLIST
THIS COMPLETED CHECKLIST IS TO BE SUBMITTED
PACKET!
- #OF
REQUIREMENTS NOT
COPIES REQUIRED REOUIRED
1. Completed Application 16* ,/
2. Copy of Deed(s) and list identifying Owner(s) and all 2*
Partners if a Corporation V
3. Completed Owner/Agent Affidavits, Notarized 2* /'
4. Pre-application notes/minutes 16* v
5. Conceptual Site Plans (including (1) 8-112 X 11 copy) 16* V
6. Environmental Impact Statement - (EIS) 4 ,~
7. Aerial Photograph - (with habitat areas identified) 5* ~
8. Completed Utility Provisions Statement (with required 4
attachments and sketches) ~
9. Traffic Impact Statement - (fIS) 4 fA?
10. Historical & Archaeological Surveyor Waiver 4
Application t./
11. Copies of State and/or Federal Permits 4 ~
12. Architectural Rendering of Proposed Structure(s) 4 ~
13. Application Fee, Data Conversion Fee, Check shall be -
made payable to Collier County Board o~ /
Commissioners ~" 0 d- -S-
14. PUBLIC PARTICIPATION MEETING:
APPLICATION SUBMITTAL:
Copy of Affidavit attesting that all property owners, .
civic associations & property owner associations were
notified.
Copy of audio/video recording of public meeting
Written account of meeting.
15. Other Requirements -
. Documents required for Long-Range Planning Review
As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is
included in this submittal package. I understand that failw-c to include all necessary submittal information may result in
the dclay of processing of this petition.
~;:~
-~Y//rØ ?
Dat
APPLICATION FOR PUBLIC HEARING FOR CONDmON~ USE - 0112000
Agenda Item No. 17 A
May 11, 2004
Page 21 of 44
AFFIDA VIr
We/I, ,(aJLter(M 1). JJ~ being first duly sworn, depose and say that we/I
amlare the owners of the property described herein and which is the subject matter of the
proposed hearing; that all the answers to the questions in this application, including the
disclosure of interest information, all slcetches, data, and other supplementary matter attached to
and made a part of this app~ication, are honest and true to the best of our knowledge and belief
We/I understand that the information requested on this application must be complete and accurate
and that the content of this form, whether computer generated or County printed shall not be
altered Public hearings will not be advertised until this application is deemed complete, and all
required information has been submitted
As property ow~er Well further outhorize Tr- r r 4'" a:. I~
as our/my representative in any matters regarding this Petition.
to act
~~i1~-h
Signature of Property Owner
Signature of Property Owner
Typed or Printed Name of Owner
~~ r h<£ 1),1Jà .kJ ~
Typed or Printed Name of Owner
The foregoinr¡ J.~ent wás acknowledged before me this ;z i day of ~h . ,
2003, by I\ðt- It! 7), ItJc.-t~J€' who is personally known to me or has produced
rL Dr,v.er L,te.Y\H"' as identification.
a
State of Florida (Signa/ure 0 otary Public State
County of Collier Florida)
~~^\ Notary~~ Rorida
Q My comm. expires June 25. 2006
No. DO 129239
4 4cf~Ll/J'blz
(print, Type, or Stamp Cðmmissioned
Name of Notary Public)
Agenda Item No. 17 A
May 11, 2004
Page 22 of 44
-~---
TRAFFIC IMPACT STATEMENT (TIS):
A TIS is required wùess waived at the pre-application meeting. The TIS required may be either a
major or minor as detennined at .the pre-application meeting. Please note the following with regard
to TIS submittals: ~
MINOR TIS: Generally required for conditional use (and rezone) requests for property less than
10 acres in size, although based on the intensity or unique character of a petition, a major TIS may
be required for petition of ten acres or less.
MAJOR TIS: Required for all other conditional use (and rezone) requests.
A minor TIS shall include the foUowing:
1.
Trip Generation: Annual Average Daily Traffic
(at buildout) Peak Hour (AADT)
Peak Season Daily Traffic
Peak Hour (PSDT)
2.
Trip Assignment:
Within Radius of Development Influence (RDI)
3.
Existing Traffic: Within RDI
MDT Volumes
PSDT Volumes
Level of Service (LOS)
4.
Impact of the proposed use on affected major thoroughfares, including any anticipated changes in level of
service (LOS),
5.
Any proposed improvements (to the site or the external right-<Jf-way) such as providing or eliminating an
ingressIegress point, or providing turn or dece1lanes or other improvements.
6,
Descnòe any proposal to mitigate the negative impacts on the transportation system.
7.
For Rezones Only: State how this request is consistent with the applicable policies of the Traffic
Circulation Element (TCE) of the Growth Management Plan (GMP), including policies 1.3, 1.4, 4.4, 5.1,
5.2, .
7.2 and 7.3.
A Major TIS shall address all of the items listed above for a Minor TIS, and shall also
include an analysis of the following:
1.
Intersection Analysis
2.
Background Traffic
3.
Future Traffic
4.
Through Traffic
5.
PIannedIPropose Roadway Improvements
6.
Proposed Schedule (phasing) of Development
Agenda Item No. 17 A
May 11, 2004
Page 23 of 44
TRAFFIC IMPACT STATEMENT (TIS) STANDARDS:
.*
The following standards shall be used in preparing a TIS for submittal in conjunction with a
conditional use or rezone petition:
1. Trip Generation: Provide the total traffic generated by the project for each link within the
project's Radius of Development Influence (RDI) in confonnance with the acceptable traffic
engineering principles. The rates published in the latest edition of the Institute of Transportation
Engineers (ITE) Trip Generation Report shall be used unless documentation by
by the petitioner or the County justifies the use of alternative rates.
2. Trio Assieoment: Provide a map depicting the assignment to the network. of those trips
generated by the proposed project, The assignment shall be made to all links within the RDI.
Both annual average and peak seasonal traffic should be depicted.
3. Existin2 Traffic: Provide a map depicting the current traffic conditions on all links within the
.
RDI. The AADT, PSDT, and LOS shall be depicted for all links within the RDI.
4. Level of Service (WS): The LOS of a roadway shall be expressed in terms of the applicable
Collier County Generalized Daily Service Volumes as set forth in the TCE of the GMP.
5. Radius of Development Influence (R])D: The TIS shall cover the least of the following two
areas:
a) an area as set forth below~ or,
b) the area in which traffic assignments £Tom the proposed project on the major
thoroughfares exceeds one percent of the LOS "C"-
Land Use'
Distance
Residential
5 Miles or as required by DR!
Other (commercial, industrial, institutional, etc.)
0 - 49, 999 Sq. Ft.
50,000 - 99, 999 Sq. Ft.
100,000 - 199,999 Sq. Ft.
200,000 - 399, 999 Sq. Ft.
400,000 & up
2 Miles
3 Miles
4 Miles
5 Miles
5 Miles
In describing the RDI the TIS shall provide the measurement in road miles £Tom the
proposed project rather than a geometric radius.
§. Intenection AnalYSis: An intersection analysis is required for all intersections within the
RDI where the sum of the peak-hour critical lane volume is projected to exceed 1,200
Vehicles Per Hour (VPH). Agenda Item No. 17 A
May 11, 2004
Page 24 of 44
7.
Badæround Traffic: The effects of previously approved but undeveloped or partially
developed projects which may affect major thoroughfares within the RDI of the proposed
project shall be provided... This infonnation shall be depicted on a map or, alternatively, in a
listing of hose projects and their respective characteristics.
8.
Future Traffic: An estimate of the effects of traditional increases in traffic resulting from
potential development shall be provided, Potential development is that which may be
developed maximally under the effective Future Land Use Element (FLUE) and the Collier
County Land Development Code, This estimate shall be for the projected development areas
within the projects RDI, A map or list of such lands with potential traffic impact calculations
shall be provided,
9.
Throu2h Trame: At a minimum, increases in through traffic shall be addressed through the
year 2015: The methodology used to derive the estimates shall be provided. It may be
desirable to include any additional documentation and backup data to support the estimation
as well.
10 . PlannedlProoosed Roadway Imorovements: All proposed or planned roadway
improvements located within the RDI should be identified. A description of the funding
commitmebt.s shall also be included.
11.
Project Phasin2: When a project phasing schedule is dependent upon proposed roadway
improvements, a phasing schedule may be included as part of the TIS, If the traffic impacts
of a project are mitigated through a phasing schedule, such a phasing schedule may be made
a condition of any approval,
TIS FORM RVßIIUM 10/17/97
Agenda Item No. 17A
May 11, 2004
Page 25 of 44
FINDING OF FACT
BY
CO LLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2003-AR-3914
The following facts are found:
I. Section 2.2,5.3,3 of the Land Development Code authorized the conditional us,~.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect othe:r property or uses in the same district or neighborhood because of:
A.
Consiste:1cy with the Land Development Code and Growth Management Plan:
Yes/No
B.
Ingress and egress to property and proposed structures thereon witl: particular
reference:: to automotive and pedestrian safety and convenience, traffic flow and
control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes/No
c.
Affects neighboring properties in relation to noise, glare, economic or odor
effects:
-- ~o affect or - Affect mitigated by
- Affect cannot be mitigated
D.
Compatibility with adjacent properties and other property in the dis1rict:
Compatible use within district
Yes/No
Based on the above findings, this conditiona
(should not) be recomm~nded for approv .
s auld, with s . ulations, (copy attached)
~
CHAIRMAN: U AtM
1'-
DATE: 4 if 104-
EXHIBIT "A"
Agenda Item No, 17 A
May 11, 2004
Page 26 of 44
FINDING OF FACT
BY
COI,LIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2003-AR-3914
The following facts are found:
1.
Section 2.2.5.33 of the Land Development Code authorized the conditionallse.
2.
Granting the conditional use will not adversely affect the public interest and will
not adversely afÚct o~er property or uses in the same district or neighborhocd
because of:
A.
Consisten:;y with the Land Development Code and Growth Management Plan:
yes./ No
B.
Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffi(; flow and
control, cmd access in case of fire or catastrophe:
Adequate ingress & egress
Yes.j No
- -
Affects nf ighboring properties in relation to noise, glare, economic or odor
effects:
C.
I
...::- No affect or - Affect mitigated by
- Affect cannot be mitigated
D.
Compatib ¡lity with adjacent properties and other property in the district:
Ccmpatible use within district
Y ./
esV
DATE: þ-,~~~J <,0(1-
MEMBER:
þ~O ~~~i¡tiaJtem No. 17A
\ May 11, 2004
Page 27 of 44
Based on the above findings, this conditional use should, wi stipulations, (copy att~ched)
(should not) be recomme[}ded for approval.
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2003-AR-3914
The following facts are fcund:
1.
Section 2.2.5.3.3 of the Land Development Code authorized the conditional t:se.
2.
Granting the conditional use will not adversely affect the public interest and will
not adversely affe.;t other property or uses in the same district or neighborhocd
because of:
A.
Consistency with the Land Development Code and Growth Management Plan:
Yes ~ No
B.
Ingress and egress to property and proposed structures thereon with particular
reference 10 automotive and pedestrian safety and convenience, traffic flow and
control, ar d access in case of fire or catastrophe:
c.
Ad equate ingress & egress
Yes~ No
Affects neighboring properties in relation to noise, glare, economic 01 odor
effects:
~/ No affect or - Affect mitigated by
- Affect cannot be mitigated
D.
Compatibi lily with adjacent properties and other property in the district:
Compatible use within district
Yes / No
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recomme1ded for approval.
DA TE:!iJ~-
MEMBER:
'-~~
Agenda Item No. 17 A
May 11, 2004
Page 28 of 44
"'--"-
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2003-AR-3914
The following facts are found:
1.
Section 2.2.5.3.3 of the Land Development Code authorized the conditionalllse.
')
4-.
Granting the conditional use will not adversely affect the public interest and 'Hill
not adversely af{4x;t other property or uses in the same district or neighborhood
because of:
A.
Consister cy with the Land Development Code and Growth Management Plan:
~es ~ ~o
B.
Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffio; flow and
control, a[ld access in case of fire or catastrophe:
Adequate ingress & egress
c.
~es ¡/ No
Affects ndghboring properties in relation to noise, glare, economic or odor
effects:
--- ~o affect or y/ Affect mitigated by ~) "L ç~ I ~¡i\ LL-
- Affect cannot be mitigated
D.
Compati1:ility with adjacent properties and other property in the district:
Compatible use within district
~es~' No
Based on the above findings, this conditional use should, with stipulations, (copy at1ached)
(should not) be recomm€:ßded for approval.
MEMBER: M ~
Agenda Item No, 17 A
May 11. 2004
Page 29 of 44
DATE: l..{ ~ \-0 L(
FINDING OF FACT
BY
COI,LIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2003-AR-3914
The following facts are found:
1.
Section 2.2.5.3.3 of the Land Development Code authorized the conditional use.
2.
Granting the conditional use will not adversely affect the public interest and will
not adversely affc:ct other property or uses in the same district or neighborhood
because of:
A.
ConsisteDcy with the Land Development Code and Growth ManageII,ent Plan:
Yes ~ No-
B.
Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffi.; flow and
control, aId access in case of fire or catastrophe:
Adequate ingress & egress
/'
Yes- No-
Affects neighboring properties in relation to noise, glare, economic o:~ odor
effects:
C.
--- No affect or ~ffect mitigated by
- Affect cannot be mitigated
Fß-vt,q
D.
Compatibility with adjacent properties and other property in the distrHct:
Compatible use within district .
Yes /NO
Based on the above findings, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
MEMBER:
J1lzA/2-J~~-
Agenda Item No. 17 A
May 11 , 2004
Page 30 of 44
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2003-AR-3914
The following facts are 10und:
1.
Section 2.2.5.3.3 of the Land Development Code authorized the conditionalllse.
'J
~.
Granting the conditional use will not adversely affect the public interest and will
not adversely affl:ct other property or uses in the same district or neighborhood
because of:
A.
Consistency with the Land Development Code and Growth Managen:.ent Plan:
Yes V No
B.
Ingress ard egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic; flow and
control, and access in case of fire or catastrophe:
A(lequate ingress & egress
Yes I No
- -
Affects nt:ighboring properties in relation to noise, glare, economic or odor
effects:
C.
-- No affect or L Affect mitigated by ~-
- Affect cannot be mitigated
D.
Compatibility with adjacent properties and other property in the district:
Ccoffipatible use within diStrict;
Yes No
Based on the above findings, this conditional use should, with stipulations, (copy attlched)
(should not) be recommended for approval.
DATE: '1~1 J- Ð if
MEMBER:
~~
\~i~
Agenda ItertrNo. 17A
May 11, 2004
Page 31 of 44
~~----
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2003-AR-3914
The following facts are 10und:
1.
Section 2.2.5.3.3 of the Land Development Code authorized the conditionalllse.
Granting the conditional use will not adversely affect the public interest and will
. not adversely affex;t other property or uses in the same district or neighborhood
be~ause of:
Based on the above findi ngs, this conditional use should, wi
(should not) b recommended for approval.
DATE:jjj ~
,
"
,w,
A.
Con sister cy with the Land Development ,9<5de and Growth Management Plan:
Yes / No
B.
Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffi,: flow and
control, a 1d access in case of fire or catastrophe:
C.
Adequate ingress & egress /
Yes No
Affects ndghboring propertie/:in reI tion to noise, glare, economic or odor
effects:
-- No affect or - Affect mitigated by /iJcE øÆ. !A.JA (J
- Affect cannot be mitigated
D.
Compatibility with adjacent properties and other property in the distrct:
Compatible use within district, /
Yes I No
MEMBER: .
da Item No. 17A
May 11 , 2004
Page 32 of 44
FINDING OF FACf
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDmONAL USE PETITION
FOR
CU-2003-AR-3914
The following facts are found:
1.
Section 2.2.5.3.3 of the Land Development Code authorized the conditional use.
Granting the conditional use will not adversely affect the public interest and will
not adversely aff.x:t other property or uses in the same district or neighborhood
because of:
')
.l..
A.
ConsisteIJ cy with the Land Development Cod}> and Growth Management Plan:
Yes~~o-
B.
Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic: flow and
control, a1d access in case of fire or catastrophe:
C.
AI lequate ingress & egress //
Yes- No-
Affects nc:ighboring properties in relation to noise, glare, economic o:~ odor
effects: °
-- No affect or P~ect mitigated by -f;)lÁ cß--
- Affect cannot be mitigated
D.
Compatibility with adjacent properties and other property in the district:
Compatible use within district /'
Yes¿ No-
Based on the above findio.gs, this conditional use should, with stipulations, (copy attached)
(should not) be recommended for approval.
ð I 0/1
DATE: /' L - / _0 . - 7
MEMBER:
;/' i;'
/í -
/ J --- ~/
L/ enda Item No. 17 A
May 11, 2004
Page 33 of 44
Division of Corporations
Page 1 of 2
,....--,,-
Florida Profit
ANN PHILLIP ENTERPRISES, INC.
- -- - - ---
PRINCIPAL ADDRESS
860 102ND A VENUE N
NAPLES FL 34108 US
Changed 04114/1997
L
---- -- -- ----
MAILING ADDRESS
860 102ND AVENUE N
NAPLES FL 34108 US
Changed 04/07/2002
Document Number
K67912
FEI Number
650114701
Date Filed
02/23/1989
State
FL
Status
ACTIVE
Effective Date
NONE
.--
--- .. -.- - ---- - -
-..----- - ---..--.---
------------- -----------.-------.-.-------
R
. t
dA
t
egIs ere 1gen
I Name & Address I
KA TIIERlNE DINA TALE
860 102ND AVENUE N
NAPLES FL 33%3
I Name Changed 05/01/1994 I
I Address Changed: 05/0111994 I
L______----------------.
Officer/Director Detail
I Name & Address II Title I
DlNA TALE, KATHERINE A D
860 1O2ND AVENUE N
NAPLES FL
I UMSTEAD, JR R 10
9306 PINE LN
OCALA FL
Agenda Item No, 17 A
May 11, 2004
Page 34 of 44
http://www.sunbiz,org/scripts/cordetexe?al =D ETFIL&n 1 =K67912&n2=NAMB WD&n3=,..
3/5/2004
------
Division of Corporations
Page 2 of 2
,.....---------...----..-.----- . --.-----.---..--...-.------......... -
I Report Year II Filed Date I
I 2001 II 03/2012001 I
I 2002 II 04/0712002 I
I 2003 II 04/1412003 I
Annual Reports
=m_...-._--.---.--..--" . -..-..--.-.-----.---- .. ,.-------. ..- _____h"'__'---'---'-"-.-..-.-------. -._------
",,'.. J~f.~li!IT~t~i~{;:~~
;~:;~~~~m¡.:.,ê:~{1
No Events
No Name History Information
- --..---. ..~-_.__..._..'_d__"__- ----_._,,--, --_.. .., '----'-_.._-.-----,--- .., ,.
Document Images
Listed below are the images available for this filing.
04!l412003 -- ANN REPIUNIFORM BUS REP
04/07/2002 - COR - ANN REPIUNIFORM BUS REP
0312012001 - ANN REPIUNIFORM BUS REP
05!l612000 -- ANN REPIUNIFORM BUS REP
04/13!l999 -- ANNUAL REPORT
05/08/199\'L'- ANNUAL REPORT
04/14/1997 -- ANNUAL REPORT
04/30!l996 -- 1996 ANNUAL REPORT
THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT
'---'-----------"'----"----' '~-----_"__'_'_-_""'----'-___"-d_"___-_._.__..
--"f}Y,_,' ~/~~}~.\f{~~~,~~).~' l~~¡*t~~'~'i .;, :£;.'.
Agenda Item No, 17 A
May 11,2004
Page 35 of 44
http://www.sunbiz.org/scripts/cordetexe?a 1 =DETFIL&nl =K67912&n2=NAMBWD&n3= ." 3/5/2004
103RD AVENUE NORTH
28 28 27 26 25 24 23 22
I 34 35 36 37 38 39 40 4 1
16 15 14 13 12 11
47 4 49 50 51 2
y2 52
102ND AVE
.
42 43
39 40 41 7 44 45 46 47 48 9 5a 51 52
4 23 2 2 1 9 1 8 1 7 16 1 5 4 1:5 12 11
21 20
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101ST AVENUE NORTH
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PETITION 'CU- 2003- AR- 3914
SITE
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Naples fL ~ 11, 2004
Page 38 of 44
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Cop)'rj¡¡ht <:) <OO2ColliorCou nt)' Prop<:rly Appr;oi=r.:. ~"ple'l. ~I.~
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RESOLUTION NO. 04 -
A RESOLUTION OF THE BOARD OF ZONING APPEALS
PROVIDING FOR THE EST ABLISHMENT OF
CONDITIONAL USE NUMBER "3" FOR AN ADDITION TO
AN EXISTING CHILD CARE CENTER IN AN "RMF-6"
ZONING DISTRICT PURSUANT TO SECTION 2.2.5.3, OF
THE COLLŒR COUNTY LAND DEVELOPMENT CODE
FOR PROPERTY LOCATED IN SECTION 28, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA,
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida,
and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish,
coordinate and enforce zoning and such business regulations as are necessary for the protection of
the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code
(Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing
regulations for the zoning of particular geographic divisions of the County, among which is the
granting of Conditional Uses; and
WHEREAS, the Collier County Planning Commission, being the duly appointed and
constituted planning board for the area hereby affected, has held a public hearing after notice as in
said regulations made and provided, and has considered the advisability of Conditional Use
Number "3" of Section 2.2.5.3 of the Collier County Land Development Code in an "RMF-6"
Zoning District for an addition to an existing child care center on the property hereinafter
described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and
arrangement have been made concerning all applicable matters required by said regulations and in
accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County
Planning Commission; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board
in a public meeting assembled and the Board having considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY the Board of Zo~ruïpPæm<HcCâ1rl&
May 11 J 2004
County, Florida that: Page 40 of 44
The petition filed by Terance L. Kepple, PE, of Kepple Engineering, Inc., representing
---
be and the same is hereby approved for Conditional Use Number 3 of Section 2.2.5.3 of the
Collier County Land Development Code for an addition to an existing child care center in an
"RMF-6" Zoning District in accordance with the Conceptual Master Plan (Exhibit "B") and
subject to the following conditions:
Exhibit "C" which is attached hereto and incorporated by reference herein.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second and majority vote.
Done this
day of
, 2004.
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
BY:
DONNA FIALA, CHAIRMAN
ATTEST:
DWIGHT E. BROCK, CLERK
Approved as to Form and
Legal Sufficiency:
Maljo ' . Student
Assistant County Attorney
CU-2003-AR-3914/FR/1o/sp
Agenda Item No. 17A
May 11 , 2004
Page 41 of 44
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2003-AR-3914
The following facts are found:
1. Section 2,2,5.3.3 of the Land Development Code authorized the conditional use.
2, Granting the conditional use will not adversely affect the public interest and w II not
adversely affect otl1 ~r property or uses in the same district or neighborhood because of:
A.
Consistency with the Land Development Code and Growth Manag~ment Plan:
Yes/NO
B.
Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow and
control, ;md access in case of fire or catastrophe:
Þ.dequate ingress & egress
Yes/No
c.
Affects reighboring properties in relation to noise, glare, economic or odor
effects:
.~ ~o affect or - Affect mitigated by
- Affect cannot be mitigated
D.
CompatÏ)ility with adjacent properties and other property in the dislrict:
(ompatible use within district
Yes/No
Based on the above findings, this conditiona
(should not) be recomm::nded for approv ,
s ould. wÜh s' ulations, (copy attached)
~
CHAIRMAN: U JiM
DATE: 4 fl 104-
EXHIBIT" A"
Agenda Item No. 17 A
May 11, 2004
Page 42 of 44
-------102ndAv~N~--------------
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-----
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15Q.OO,
N Wf>7'Slf' .
II
1 .poca/10.~
plus 1 space/.taff
100 students/10 - 10
8 .tott/1 - 8
Tatal - 18 spaces required
Porking provided
18 spaces
AIIn Phimp Enterprieea. Inc.
860 102nd. Ave N
Noplea F1. 34108
Tree req'd
this location
Legol Discription
lots 46, 47. ond' 48, Block 72. Noplell Park.
Unit Is, 01 per plat thereof recorded in plat
book 3. PO 14 of the pubfic recorda of Collier
County, Aorida.
SCALI: PIIQßICT -
íemD t"-3( ' Ann Phillip
la.T& Ka thy DiNatale
"/20/02 wo I 12M
T~~ DRAft BY '1TrL! a&ft 8Y -
rLnl. TLX
31108 bc~ A- API" D BY
~~t~ T1J[ Exhibit "B"
Ann Phillips Pre-School
CU-2003-AR-3914
CONDITIONS
The grant of this Condi:ional Use petition is subject to the following condition(s):
1. A fence or walJ, eight feet in height, shall be indicated on the site devebpment
plan along the north and west sides of the playground. The wall shall be
constructed pric,r to the issuance of the certificate of occupancy for the tuilding
addition.
2, A tree, which meets the minimum size requirements of Division 2.4 of tl:,e Land
Development C ode and which is in excess of the quantitative requirement of
Division 2.4, stall be indicated on the site development plan on the west side of
the playground. The tree shall be installed prior to the issuance of the ceJ1ificate
of occupancy for the building addition.
EXHIBIT "C"
Agenda Item No. 17 A
May 11 , 2004
Page 44 of 44
EXECUTIVE SUMMARY
DRI-03-AR-4987, Richard Bennett, represented by Donald Pickworth, P. A" requesting to abandon the
"Twelve Lakes" Development of Regional Impact (DRl) because the project no longer meets the
requirements to qualify as a DRl in Collier County. The subject site is located on the north side of
Davis Boulevard (SR-84) and the south side of Radio Road (CR-856) in Section 4, Township 50
South, Range 26 East, Collier County, Florida.
OBJECTIVE:
To have the Board of County Commissioners (BCC) consider the application to abandon the
Development of Regional Impact (DRI) designation and to ensure that the community's interest is
maintained.
CONSIDERATIONS:
...-~
The Board of County Commissioners fIrst adopted the Twelve Lakes PUDIDRI on February 10, 1987,
and these documents have been amended several times since then, The last amendment to the PUD
occurred on May 13, 2003 (Ordinance No. 03-20), which permitted a maximum of 1,000 residential
units and 11.25 acres of commercial uses, which are limited to a maximum of 112,500 square feet of
floor area. At the present time, no development has occulTed on the site.
The petitioner now seeks to abandon the Twelve Lakes Development of Regional Impact (DRI) as
noted above pursuant to Rule 9J-2.0251 of the Florida Administrative Code, This rule provides the
procedure for local governments to follow when a developer proposes to abandon a DR!. The
petitioner is now requesting to abandon the Twelve Lakes DR! because the approved PUD intensity is
no longer deemed by the Department of Community Affairs (DCA) to be a Development of Regional
Impact in Collier County. The petitioner will still maintain the approved PUD zoning district that was
recently amended in 2003. It should be noted that the cuITcnlly approved PUD document contains all
agreements, extractions, and development commitments that were contained in the DR!. As a result,
the abandonment of the DR! designation does not affect any developer commitments outlined in the
DR!.
The Department of Community Affairs has reviewed the petition for abandonment and has determined
that as a result of population increases in Collier County and the applicability of greater thresholds, the
proposed development is 54 percent of the applicable mixed-use threshold and therefore the
development proposed after abandonment does not require DR! review. In addition, the Development
Order (DO) provides that if no significant development occurs within 13 years the DO shall terminate
and no longer be effective, and since no development has occuITed within that time frame, the DO is
no longer effective. The development proposed after abandonment will not rely on the benefits granted
to an approved DRI under Florida Statutes, and all post-abandonment must be consistent with the
Collier County Comprehensive Plan and all other state and federal regulations. Lastly, DCA does not
object to the abandonment by the Collier County Board of County Commissioners,
.-
DRIABN-O3-AR-4987
1
Agenda Item No. 178
May 11, 2004
Page 1 of 39
FISCAL IMPACT:
This petition is only intended to abandon the Twelve Lakes DRI designation while maintaining Ù1e
currently approved Twelve Lakes PUD zoning designation, The Twelve Lakes PUD contains all the
required developer commitments that are applicable to this project's size and intensity. Therefore, this
petition by and of itself will have no fiscal impact on the County. The fiscal impact for this
development was determined at the time the property was rezoned to PUD. In addition, the County
collects impact fees prior to the issuance of building pennits to help offset the impact of each new
development on public facilities, These impact fees are used to fund projects in the Capital
Improvement Element needed to maintain adopted levels of service for public facilities. In the event
that impact fee collections are inadequate to maintain adopted levels of service, the County must
provide supplemental funds from other revenue sources in order to build needed facilities,
GROWTH MANAGEMENT IMPACT:
Approval of this petition to abandon the Twelve Lakes DRI Development Order will not change Ù1e
uses or intensity of the project as approved in the Twelve Lakes POD. Therefore, this petition will not
have an adverse impact on the Growth Management Plan.
IDSTORIC/ARCHAEOLOGICAL IMPACT:
Staffs analysis indicates that the subject site is located outside an area of historical and archaeological
probability as referenced on the official Collier County Probability Map, Therefore, no
Historicall Archaeological Survey and Assessment is required, Pursuant to Section 2,2,25.8,1 of the
Land Development Code if during the course of site clearing, excavation or other construction activity
a historic or archaeological artifact is found, all development within the minimum area necessary to
protect the discovery shall be immediately stopped and the Collier County Code Enforcement
Department contacted.
ENVIRONMENTAL ISSUES:
The Environmental Review Staff has recommended approval since the petition will not cause any
impacts to any wetland preserve area. In addition, the currently approved PUD document contains all
agreements, extractions, and development commitments that were contained in the DR!. As a result,
the abandonment of the DR! designation does not affect any developer commitments outlined in the
DR!.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDA nON:
Since this petition is only to abandon the DRI designation, no preserve area or environmental
conditions of approval that are contained in the PUD Document have been altered. Therefore, this
petition was not required to go to the Environmental Advisory Council (EAC).
DRIABN-O3-AR-4987
2
Agenda Item No. 178
May 11, 2004
Page 2 of 39
COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION:
The Collier County Planning Commission (CCPC) reviewed this petition during their public hearing
on April 15, 2004, During the meeting, the CCPC members voted unanimously by a vote of 8 to 0 to
forward Petition DRIABN-03-AR-4987 to the Board of County Commissioners (BCC) with a
recommendation of approval. The Planning Commissioners found this petition to be consistent with
the Growth Management Plan (GMP) and compatible with the surrounding development. Since no
person spoke in opposition during the public hearing, this petition was placed on the summary agenda.
STAFF RECOMMENDATION:
Staff recommends approval of Petition DRJABN-O3-AR-4987 as otherwise described by the DRl
Abandonment resolution included in this Executive Summary.
..-~,
DRIABN-O3-AR-4987
3
Agenda Item No, 178
May 11, 2004
Page 3 of 39
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
17B
This item requires that all participants be sworn in and ex parte disclosure be
provided by Commission members. DRI-03-AR-4987, Richard Bennett,
represented by Donald Pickworth, P. A., requesting to abandon the "Twelve
Lakes. Development of Regional Impact (DRI) because the project no longer
meets the requirements to qualify as a DRI in Coliier County. The subject site is
located on the north side of Davis Boulevard (SR-84) and the south side of
Radio Road (CR-856) in Section 4, Township 50 South, Range 26 East, Coliier
County. Florida.
5/11/200490000 AM
Chief Planner
Prepared By
Ray Bellows
Community Development &
Environmental Services
Zoning & land Development Review
Date
Approved By
Susan Murray, AlC?
Community Development &
Environmental Services
Zoning &. land Development Director
Zoning & Land Development Review
4/23/20041:00 PM
Date
Approved By
Ray Bellows
Community Development &
Environmental Services
Chief Planner
Zoning &. Land Development Review
4/261200411:27 AM
Constance A. Jolmson
Date
Approved By
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
4/29/200411:05 AM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &.
Environmental Services Adminstrator
Date
Community Development &.
Environmental Services Admin.
.4/29/20043:26 PM
Date
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Office of Management & Budget
5/1/2004 12:38 PM
Date
Approved By
Michael Smykowski
County Manager's Office
Management & Budget Director
Office of Management & Budget
5/4/2004 8:54 AM
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
514/2004 6:49 PM
Agenda Item No. 178
May 11, 2004
Page 4 of 39
Co~T Count:y
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
DATE:
MARCH 9, 2004
RE:
PETITION NO: DR!ABN-03-AR-4987, TWELVE LAKES DR!
OWNER/AGENT:
Agent: Donald Pickworth Owner:
Donald Pickworth, P. A.
5150 Tamiami Trail North, Suite 502
Naples, Florida 34013
Richard K. Bennent, Trustee
Land Trust No. 522
5811 Pelican Bay Boulevard, Suite 600
Naples, Florida 34108
Contract Purchaser:
Centex Homes
5801 Pelican Bay Boulevard
Naples, Florida 34108
REQUESTED ACTION:
This petition seeks to abandon the Twelve Lakes Development of Regional Impact (DR!)
designation pursuant to Rule 9J-2.025l of the Florida Administrative Code. This rule provides
the procedure for local governments to follow when a developer proposes to abandon a DR!,
GEOGRAPHIC LOCATION:
The Twelve Lakes DR! is located on the north side of Davis Boulevard and south side of Radio
Road (CR. 856), in Section 4, Township 50 South, Range 26 East, Collier County, Florida,
consisting of 262.33 acres. (See Location Map on following page. A copy of the approved
Master Plan is on the following page.)
PURPOSEIDESCRIPTION OF PROJECT:
The Board of County Commissioners adopted the Twelve Lakes POD/DRI on February 10,
1987, and these documents have been amended several times since then. The last amendment to
the POD occurred on May 13, 2003 (Ordinance No. 03-20), which permitted a maximum of
1,000 residential units and 11.25 acres of commercial uses, which are limited to a maximum of
112,500 square feet of floor area. The petitioner is now requesting to abandon the Twelve Lakes
DR! because the approved POD intensity is no longer deemed by the Department of Community
Affairs (DCA) to be a Development of Regional Impact in Collier County. The petitioner will
Agenda Item No, 178
May 11, 2004
Page 5 of 39
DRlABN-O3-AR-4987, Twelve Lakes
still maintain the approved PUD zoning district that was recently amended in 2003. At the
present time, no development has occurred on the site.
SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL:
Since the Twelve Lakes DR! no longer meets the threshold for classification as a DRI, it no
longer is a development with regional impacts. An application to abandon the DR! was therefore
filed with the Southwest Florida Regional Planning Council on September 19, 2003. In Collier
County, the applicable threshold for a DR! at the time Twelve Lakes was approved was 1,000
dwelling units. Since the project was initially approved for 1,310 residential units, it was
declared to have regional impacts. In the intervening years, because of population growth, the
guidelines and standards applicable to Collier County have changed, and the current residential
threshold is 2,000 units. Thus, the Twelve Lakes project is statutorily deemed and declared to be
of a magnitude that does not have regional impacts. The Regional Planning Council (RPC)
examined the abandonment application in order to detennine the potential for adverse regional
impacts. Because the application will not increase the intensity of the project as currently
pennitted in the PUD Document, the RPC has detennined that the proposed abandonment of the
DR! does not have regional impacts. The SWFRPC heard the application for abandonment to a
previously approved Development of Regional Impact pursuant to Subsection 9J-2.025l, Florida
Statutes. On October 16, 2003, the Regional Planning Council adopted the following report
prepared by its staff: No development order conditions are necessary since the project is no
longer a DRL
DRlABN-O3-AR-4987, Twelve Lakes
2
Agenda Item No, 178
May 11, 2004
Page 6 of 39
1. NotifY Collier County, the Florida Department of Community Affairs (DCA), and the
applicant of Council dctem1Ïnation of eligibility for abandonment and that no
objections to the proposed abandonment exist.
2. Accept the Twelve lakes Application for Abandonment as submitted and find that the
development is eligible for abandonment.
DEPARTMENT OF COMMUNITY AFFAIRS:
The Department of Community Affairs has reviewed the petition for abandonment, the staff
report and action of the SWFRPC and has talked with County staff. In a letter to the applicant
dated November 7, 2003 DCA determined that as a result of population increases in Collier
County and the applicability of greater thresholds the proposed development is 54 percent of the
applicable mixed-use threshold and therefore the development proposed after abandonment does
not require DRl review. In addition, the Development Order provides that if no significant
development occurs within 13 years the DO shall terminate and no longer be effective, and since
no development has occurred within that time frame, the DO is no longer effective. The
development proposed after abandonment will not rely on the benefits granted to an approved
DR! under Florida Statutes, and all post-abandonment must be consistent with the Collier County
Comprehensive Plan and all other state and federal regulations. Lastly, DCA does not object to
the abandonment by the Collier County Board of County Commissioners.
STAFF REVIEW:
Development approvals contained in DR! Development Orders are prerequisite to zoning actions
that implement DRl land use authorizations. DRI Development Orders are structured first and
foremost to contain regulations that respond to relationships dictated by State Administrative
rules. Specifically, those relationships and questions that an applicant is required to analyze and
report on as part of their Application for Development Approval (ADA). An application to
abandon a DR! must be consistent with the Subsection 9J-2.0251, Florida Statutes (F.S.), and the
PUD document must be consistent with all applicable County regulations and not generate
regional impacts. Because the amendment to the Twelve Lakes PUD (approved in May, 2003)
authorized no more than 1,000 residential dwelling units and 112,500 square feet of commercial
uses, the project is well below the new DRl threshold (2,000 dwelling units) for mixed-use
projects. The 2003 PUD amendment incorporates current county development standards which
are equivalent to, or in some cases more stringent that, the standards in the Development Order.
All post-abandonment will be subject to the 2003 amendment and the LDC, including the
concurrency management system.
STAFF RECOMMENDATION:
Staff recommends that the Collier County Planning Commission (CCPe) recommend approval of
Petition DR!ABN-03-AR-4987 as described by the resolution included in this Staff Report.
DRlABN-O3-AR-4987, Twelve Lakes
3
Agenda Item No. 178
May 11, 2004
Page 7 of 39
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PETITION #DR!ABN- 2003- AR- 4987
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E:XHlBfT A - P.UD. MASTER PLAN
APPLICATION FOR PUBLIC HEARING
FOR
ABANDONMI:NT OF A DEVELOPMENT OF REGIONAL IMPACT (DRI)
!!¡
PETITION NAME:------IMl'ELv£:.. LA L~'5 DATE:
COORDINATING PLANNltR ;_Ro..'( &.\b~ I ch~t.~ ~M. r
I.
Name of Applicant (8) Richard K. Bennett as Successor Trustee of Land Trust No. 5222
Repr(:SentedBy Centu Homes
Applicant's Mailing ),dd ress_58 1 I Pelican Bay Blvd Suite 600
Napl€\s, Florida 34108
Applicant's E-Maìl Address: twc !\vert(Q)centex.colU
Applicant'sT'elephon" Number: 598-4145 Fax# 589-1290
Is the applicant the (lv/ner of the subject property?
X Yes
(X)
0 (b)
If applicant is a land trust, so indicate and name beneficiaries below.
SEI<: Ii XHIBIT 1
If applicant is corporation other than a public corporation, so indicate and name
officel s and major stockholders below.
0 (c)
If applcant is a partnership, limited partnership or other business entit)', so
indicate and name principals below.
0 Cd)
If applicant if an owner, indicate exactly as recorded, and list aU other owners, if
any.
0 (e)
Ifapplicantifa l(:Ssee, attach copy of lease, and indicate actual owners if not
inditated òn the lease.
0 (f)
If applicant is a contract purchaser, attach copy of contract, and indicate actual
ownens) name and address below.
(IfspI}I:e is inadequate, attach on separate page.)
2.
Name of Agent Dopald A. Pickwòrth Firm. Donald A. Pickworth,P.A.
Agents Mailing Address 5151} Tamiami TraH North Suite 502
Naples Florida 34013
Agent's E-Mail Address: pìcklaw@earthlink.net
Telephone Numbers 263~8n60
598-1161 (FAX)
Agenda Item No, 178
May 11, 2004
Page 10 of 39
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3.
PUD ORDINANCE NAME AND NUMBER: Twelve Lakes Ord 03-20
4.
DETAILED LEGALJESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION
(if spate is inadequaÜ, attach on separate page. If request involves change to more thall one zoning
district, include sepante legal description for property involved in each district. If prop.'rty is odd-
shaped, submit five (5. copies of the survey (I" to 400' scale). SEE EXHIBIT 2
THE APPLICANT I~ RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL
DESCRIPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION, AND
ENGINEER'S CERTIFICATION SHALL BE REQUIRED.
SECTION- 4._-
TOWNSHIP
50S
RANGE_26E
5.
AddrL"SS or location {II subject property North side of Davis Blvd, South side of Radio Rnad
6. DOES ABANDONME.'JT COMPLY WITH THE COMPREHENSIVE PLAN:
X Yes Uno, explain:.
"1. HAS A PUBLIC HEAJUNG BEEN HELD ON THIS PROPERTY WrrHIN THE LAST VEAR? IF
so, IN WHOSE NAME?_Ord 03-20 approved 5-13-03 Same petitioner
8. PETInON #:PUDA O;;-AR-2240
DATE:_5-1J-O3
~I. HAS ANY PORTION OF THE PUD BEEN 0 SOLD andlor 0 DEVELOPED?
ARE ANY CHANGES PROPOSED FOR THE AREA SOLD AND/OR DEVELOPED?
0 Yes 0 No NO P "-RT OF DEVELOPMENT HAS BEEN DEVELOPED OR SOLD
IF YES, DESCRIBE: (ATTACH ADDITIONAL SHEETS IF NECESSARY).
** Section 2.7.2.3.2 (3) )( the Land Development Code requires an applicant to remove th,~ir public
hearing advertising ~ign (s) after final action is taken by the Board of County Commi~joners.
Based on the &arcl' s final action on this item, please remove aU public hearing advertising sign
(5) immediately
DRJ Abandonment Application IOf2COJ
Agenda Item No, 178
May 11,2004
Page 11 of 39
.. .
AFFIDAVIT
SEE A TT ACHED AUTHORIZA nONS AND CONSENTS EXHIBIT 3
We, - being first duly sworn, depose
and say that we are the owners of the property described herein and which is the
subject matter of tbe proposed hearing; that all the answers to the questions in this
application, and all sketches, data, and other supplementary matter attached to and
made a part ohMs :tpplication, are honest and true to the best of our knowledge and
belief. We understand this application must be completed and accurate be:fore a
hearing can be advutised. We further permit the undersigned to act as our
representative in any matters regarding this Petition.
NOTE: SIGNATURH: OF ALL OWNERS ARE MANDATORY.
SIGNATURE OF OWIr¡ER
State of Florida
County of Collier Co uuty BCC
6t-
The fOr,eg~in:~ A plication W, as a<kn~~ged ""fore me tbis -3 I - lIay of
O~t. ,20<L3_., by n d ' t-1 ~ Y- b. who is personally known to
me orwhelutB pr~~~e" M idcøtifieati9B and v.hó did
(did not) take an oath.
"
--JLV~ L .tn:J
NOTARY P LIC,
TERRY L CRAIG
MY COMMISSION» cc 909409
EXPIREs: Februaly 10,2004
8<>o<Iod Tbt\I oIoJy P\JbIIc 1Jndeny1'M.
At'-chmeot to DRI Abandoomtn t AppliClitioo
Agenda Item No, 17B
May 11, 2004
Page 12 of 39
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Introduction
This is an application to abandon a DR!. Rule 9J-2.025 I of the Florida Administratve Code
provides a procedure for !c,cal governments to follow when a developer proposes to Ibandon a
DRL The Rule provides criteria regarding whether a DRI is eligible for abandonmellt, and the
Twelve Lakes DRI is eligible for abandonment under the Rule,
The Twelve Lakes Planned Unit Development (hereinafter "Twelve Lakes"), was approved by
Collier County as a DR! 011 February 10, 1987, The project consists of 262 acres and was
originally approved for 1,310 residential units and 11.3 acres of commercial uses, which was
specified as 160,000 squarc~ feet in a later Development Order ("DO") Amendment. There
have been several amendm~nts to the DO over the years, and the current development
authorization is for 1000 ffsidential units and a maximum of 11.25 acres of commercial which
is limited to 112,500 squar~ feet of commercial by the most recent County PUD doc11ment.
There has been no development on the site. The DO as amended requires significant physical
development to occur within 13 years of the adoptión of the DO, and in the event substantial
physical development does not occur, development approval shall terminate and the DO shall
no longer be effective. However, even though the DO has expired, the property retains its
DRI status until a fonnal procedure to abandon the DRI has been undertaken.
Cent~x Homes has entere.-ct into a contract to purchase the DR! property, contingent '-pon
obtaining the necessary de, elopment authorizations. As part of this effort, Centex al 'plied to
the County for an amendment to the PUD in order to bring the development standards into
conformance with current practices and regulations. This PUDA petition was filed in March,
200 and designated as PUDA 02-AR-2240. A copy of the staff report recommendin!; approval
of the petition is attached a~¡ Exhibit 9. The petition was approved by the County on May 13,
2003 by Ordinance 03-20, a copy of which is attached as Exhibit 6. The PUD amendment
authorizes the development of no more than WOO residential units and 112,500 squart feet of
commercial. The amendm(:nt provides that development of the site is contingent upon the DO
eíther being abandoned or reinstated, at the developer's election. The developer has ~lected to
abandon the DRI because a project of this development intensity is no longer deemed to be a
development of regional impact in Collier County, and because the pun currently applicable
to the property contains previsions that address the mitigation of the project's impact~; that are
consistent with current County regulatory practices and are at least as stringent as, and in most
cases are more stringent than, the provisions of the DO, A more detailed discussion I)f the
reasons and rationale for abandonment is contained in Exhibit 4.
Pursuant to the Rule, an ap])lication to abandon the DRI was filed with Collier Count:¡, the
Southwest Florida RegioDa.1 Planning Council, and the Florida. Department of Commlnity
AffilÍrs on September 19, 2003. A copy of the application, on the DCA-prescribed term, is
attached as Exhibit -. The;: staff of the Southwest Florida Regional Planning Council
reviewed the application and recommended approval to the entire Council, which app~oved the
abandonment at the Council's meeting on October 16, 2003. A copy of the staff report and
action of the Southwest Florida Regional Planning Council is attached as Exhibit 10.
Agenda Item No, 17B
May 11,2004
Page 13 of 39
~--_.
-- - ----- .,._-----
.- ---- .--'
:30uthwest Florida R~gional ¡'lanning Coundl
4980 Bayline Drive, 4th Floor.N, Ft. Mycra, FL 33917.3909 (239) 656-7720
P.o. Box 3455, N. Ft. Myers, Fl, 33918~3455 SUNCOM 749-7720
l<"AX (239) 656- 7724
October 21. 2003
Mr. Ronald Nino. AICP
Community Development and Environmental Services Division
Planning-SerV1.ces-Ðepartment.. -- . .'-.--- --. - .-
2800 North Horseshoe Drive
Naples. FL 34104
RE: Twelve Lakes DIU Abandonment
Dear Mr. Nino:
8
On Thursday, October 16. 2003. the Southwest Florida Regional Planning Council
(SWFRPC) adopted ft-e Abandonment staff assessment for the Twelve Lakt:s DR!
without changes. If you have any questions, please let me know.
Sincerely,
SOUTH"'EST FLORIDA REGIONAL PLANNING COUNCIL
tYh~ Ý, ~ JtZ.-
Marisa Erika Morr
Regional ~larmer£~is!:ant D~ Co~rdi!1_at°r -
--.__..._~.------._._- .
cc:
Mr, Donald A. Pickworth. Donald A. Pickwo~ P .A.
-8
Agenda Item No, 178
May 11, 2004
Page 14 of 39
L1'1a. Printed on
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FORM RPM-BSP-ABANDON DRI-l
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF COMMUNITY PLANNING
BUREAU OF LOCAL PLANNING
2555 Shumard Oaks Boulevard
Tallahassee, Florida 32399-2100
APPLICATION FOR ABANDONMENT OF
A D]~VEWPMENT OF REGIONAL IMP ACT (DRI)
I. Donald A. Pickworth. the undersigned authorized agent of Centex Homes. the
representative of the property owner. Richard K. Bennett, as Successor Trustee (f Land Trust
Number 5222 (see Authoxizations attached with Exhibit E). hereby request that Collier
County. Florida issue a Ilotice of abandonment for the Development of Regional (mpact known
as Twelve Lakes Planne::l Unit Development, which was issued on February to, 1987. I agree
to record the notice of a',andonment, in accordance with Section 28.222. Florida Statutes, with
the Clerk of Circuit Court for each county in which land covered by the terms of the DR! is
located .
I hereby certify that the plan of development identified in the developmen1: order as a
Development of Regioruû Impact (DR1) will no longer be pursued. Furthermore, I certify and
acknowledge that, if thh; request for abandonment of the DR! is approved. the pr,)ject will lose
vested rights protection under Subsection 163.3167(8). Florida Statutes, for approved DRIs,
but may be entitled to other vested rights protection under that statute or otherwi~ e under law.
I hereby certify that all information submitted with and pursuant to this application of
abandonment of the DRJ is true and correct to the best of my knowledge and belief and that on
this date a c.opy.of this application has been submitted. under separate cover, to Collier
County, the Southwest Florida Regional Planning Council. and the Division of O~unity
Plannm." g'.Flo.rld.. a Deputment of Community Aff~
~/9. ,'loog - ~
(Date) / (Signature)
Donald A. Pickworth
Donald A. Pickworth, P.A.
5150 Tamiami Trail N.
Suite 502
Naples. Florida 34103
Phone: (239) 263-8060
Fax: (239) 598-1161
E-mail :mggaw@earthIjnk.net
1
Agenda Item No, 178
May 11, 2004
Page 15 of 39
",".""...d ..
Background and Introductory Statement
The Twelve Lakes Planm:d Unit Development (hereinafter "Twelve Lakes"), was approved by
Collier County as a DR} on February 10. 1987. The project consists of 262 acre~< and was
originally approved for 1 310 residential units and 11.3 acres of commercial uses. which was
specified as 160,000 square feet in a later DO amendment. There have been several
amendments to the DO over the years. and the current development authorìzation is for 1000
residential units and a maltmlUm of 11.25 acres of commercial which is lhnited to 112.500
square feet of commercial by the most recent County PUD document.
Tl1ere has been no development on the site. The DO as amended requires significant physical
development to occur within 13 years of the adoption of the 00, and in the event substantial
physical development does not occur. development approval shall terminate and the DO shan
no longer be effective.
Centex Homes has entered into a contract to purchase the DR! property, contingent upon
obtaining the necessary <Î(!velopment authorìzations. As part of this effort. Centex applied to
the County for an amendment to the PUD in order to bring the development standnrds into
conformance with current practices and regulations. As a result. Collier County approved an
amendment to the PUD in June, 2003. authorizing the development of no more than 1000
residential units and 112,~00 square feet of commercial, contingent upon the DO either being
abandoned or reinstated.
At the time the DO was 3eJopted. in 1987. the residential threshold in Collier Coun~y was 1000
units. The initial DO authorized 1.310 units, which exceeds 100% of the then-existing
residential threshold, caus:ng the project to be a DR!. As a result of population grüwth, the
residential threshold currently applicable in Collier County is 2000 units. The proposed
plan of devleopment after itbandonment, which consists of a maximum of 1000 residential units
and 112,500 square feet of commercial uses is well below current thresholds.
A. Describe the actual amount of development completed, the size and scope of the resulting
plan of development (after abandonment). Further. describe the extent to which existing
permits or approvals authϓze development which would exceed tbat allowed under the
resulting plan of development (after abandonment) and:
1. Provide the amount of existing development as defmed. under Section 380.04,
Florida Statutes that has occurred on site including the amount of existing vettical
development by land use in gross square feet. dweUing units, or other applicable units
of measure; the ameunt of infrastructure completed at the site, etc. Attach a copy of
the approved site plan as EXHIBIT A.
2
Agenda Item No. 178
May 11, 2004
Page 16 of 39
~nse: There IS no existing development on sile, nor was any development,
including infrastructure development, commenced.
2. Identify the amount of development that is planned (after abandonment)
including the amount of vertical development by land use in gross square feet. dwelling
units, or other ap¡: licable units of measure; the percentage of any applicable guidelines
and standards ideritified in 8.380.0651 F.S. or Rule 28-24 Florida Administrative Code
(F,A.C.); the amount of infrastructure to be completed at the site; etc. Attach a site
plan for the project as proposed after abandonment as EXHIBIT B.
Response: See Tai'1le below
Development Planned After Abandonment
-
Development
Planned After
Abandonment
1,000 d.u.
112.500 sq. It
78%
DRI Standard r Percent 01
> . Applicable
Threshold
50%
! 28%
Î54%
2,000 d.u
400,000 sq. ft
145%
Residential
Commercùù
Multi-use
3. Identify all atme and federal permits applied for or obtained to date. Specify the
agency, type of permit and function of each permit. Attach copies for eacå permit or
permit applicßtion (if no permit has been issued) as EXHIBIT C.
Response: Cemex Homes has contracted to purchase the property, and has filed
the following permit applications:
Currentl" pending ,uennit applic(l/jons:
a.
South Florida Water Management District (SFW~JD) EnvironmentQl
Resources Permit. AppliCalÜJn submitted December 18, 2001, Latest SFWMD
RA1 received 9/11/03. Response to comments currently being prepared.
b.
U. S. Anny Corps of Engineers Section 404 Permit, Applic(l/jon filed
December ill, 2001. Review is ongoing.
Previously filed applications filed by previous contract purchasers which ha1Je been
withdrawn:
3
Agenda Item No, 17B
May 11, 2004
Page 17 of 39
'."",,""",..,
. .
------.--.- '"
,,-
a.
SFWMD Environmental Resources Pennil Application No. 9909n-10
b.
SFWMD Envirollmental Resources Pennit Application No. 990315-11
4. Jden~ifyan undeveloped tractS of land (other than single family lots) seld to separate
entities or developers. Specify the size and buyer of each tract or parcel. Attach a map
identifying the undèveloped tracts as EXHIBIT D.
Response: 1'hae have been no sales oj individual tracts either to end users or
developers. The HUiTt! site is undeveloped.
B.
Provide the folIo"" ing attachments:
1) Acertification of concurrence with abandonment from all DR! prolerty owners
who were owners at the time of the DO approval. or their successors. Use attacbt:d Signatory
Certification and attach 3! Exhibit E.
Respqnse:
See Exhibit E.
2)
An explanation of the reason for seekùtg an abandonment of the DRf.
Response: The DO provides. that "b"the event that significant physical
development has not commenced within Collier County with thirteen (13) :Jears,
tÜvelðpmentappr(¡val shall terminate and this Development Order shall ne) longer be
effeCtive." No deJelopmellt 01 any kind has occurred on the site. The 13 'years is
measuredjromtlle adoption olthe DO, February 10,1987, thus in accordance with
t1u terms the DO, 0" February 9, 2000, tile development approval terminated and tile
DO is no longer eJ.fective.
In the years since the adoption oj the DO, the thresholds applicable to Conkr County
have changed, and the project would not be a DR! under current guideliner and
standards, At the time oj the approval ojthe DO, the residential thresholdjor Collier
County was 1000 units, and the DO, as øriginally approved providedjor 1,110 unks,
which was 131% olthe residential threshold". As a resull ojpopulation growth, the
threshold currently applicable in Collier County is 2000 units. The development
planned after abandonment consisting oj 1000 residential units and 111, SOt? square
jeet o/commercial is well below the current thresholds.
4
Agenda Item No. 178
May 11, 2004
Page 18 of 39
, ,
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3) Statement from local government of jurisdiction indicating whether all
development to date is i[. compliance with all applicable local regulations. Attach as Exhibit
G.
&monse: There has been no development to date. Applicant has requested local
government to confinn this.
4) A discussion of any material adverse impacts of tbe development on any existing
resources or existing or planned facilities and the mitigation for these impacts, Attach as
Exhibit H.
Response: 17M planned development will have no material adverse impact on
existing resourceJ or existing or planned /at:ilùies. The project was revit; wed for
potential implJCts by CoUier County staff as part of the review of the amelJdment 0/
the Planned Unit Development document that was adopted by the County in June,
2003. In the course of the review, there was no finding of material adverse impact
on any resources .'Jr fat:ilities. Further, the PUD amendments contain corulùilJns to
ameliorate any potential impacts.
5) A list of each of the conditions in the DRI development order included to
protect or mitigate the prcject's impact to resources or facilities. Include an explanation and
documentation that each C ::mdition was adhered to by the developer.
Response: The 2003 PUD Amendment, wlûch will regulate the development
planned after alJat.:donment, contains conditions to mitigate the project's t'1lpQCts
which meet or exc.~ed the conditions contained in the DO. An tlIUÙJsis of the relevant
sections of the DO is as follows:
DrainagelWaJer Ølality: The project is subject to the SoUth Florida WaJer
Management Ðistn'ct's permitting standllrds, and Environmental Resource Permits
have been applied for as set forth above. Permit conditions required by tht South
Florida Water Management District will ensure that the drainage system w;U not
adversely impact wl.tter quality orflow rates.
Wetlands: The COUllty-approved revised master plan for tlte development p¿'mned
after abandonment "':lJ1proximately dðubles the amðunt 0/ preserved wetlandJ. on site
over tltat provided fiJr in the DO.
Transportation: Th q original DO approved in 1987 contained specific transplJrtation
conditÙJns and obligations that were later removed as part of an amendment to the
DO in 1997 when the project was placed under the County'$ Concurrency
Agenda Item No, 178
May 11 2004
Page 19 of 39
5
.-.-----
-
regulations, effe¡:tively eliminating any "vested" status the project enjoyed prior to
1997. Today, Cvllier County's concurrency regulations are in fact, more restrictive
then those in effi'ct in 1997 (and in the original DO).
Concurrency is .evaluated at the time of final plat approval (or site develt)pment plan
approval), in order to ensure that adequate public facilities wm be in plt.'.Ce,or that
the project will m iligate us impacts on the transportation facilities at the time oJ
penn;t approval. The roadway segments likely to be impacted by the proJect are
determined at the time of the Concurrency evaluation.
A detailed traffic analysis is required at the time of Concurrency evaluatlon, with a
level of significant impact threshold of 3 % of the adopted LOS Service ",,'olume for
"directly accessed" and "immediately adjacent" roadways and 5% for ali other
roadway:r. The DRl threshold significant test is only 5% for all roads, dl!monstraJing
further that Corm'r County's concurrency management system is more restrictive than
the provisions of ¡he original DO.
Vegetation and 'Wildlife: The County's standard regulaJory procedures if¡~clude the
regional and local conditions contained in the DO and will apply to the dt!velopment
planned after abandonment. In addition, the County requires the developer to
comply with the requirements and guidelines of tlu u.s. Fish and Wildlij~ Servieè
and the Florida ""ish and Wildlife Conservation Commission. Further, as a condition
Jor tile developllumt planned after abandonment, the developer is required by the
COUTlty to submit to the County and obtain approval of a Habitat Management Plan
Jor protected speci,!!s on the site prior to final sile plan/construction approJ'aI.
6
Agenda Item No. 178
May 11, 2004
Page 20 of 39
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Agenda Item No. 178
May 11, 2004
Page 21 of 39
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Mr. P.ichard Thompson, PE
Senior Supervisory Engineer
Soutl1 Florida Water Managemont District
2301 McGregor Boulevard
Fort Myers. FL 33901
Subj ect:
Twelve Lakes
Individual ERP Application
Section 4, n;os R26E; Collier County, Florida
Dear Mr. Thompson:
Please find enclosed an application for an Individual Environmental Hesource Permit (EHP) for the
development of Twelv~ Lake:;, Two separate applications far ERP were previously slbmitted for
development of commercial and residential components of the site. The previous applicant Vim submit a
request for withdrawal af the pmviously submitted ERP Applications to SFWMD under separatE! cover.
Included with this submittal are the following items:
1. Check No, 077535 in the arnount of $7,500.00 representing the application fee;
2. Five sets of the Surface Water Management Plan far Twelve Lakes, WM, Inc., Drawing File No. D-
03519-04;
3. Five copies of the Surface Water Management Engineering Report for Twelve Lakes;
4. Four copies ot the Environmental Supplement;
5. Four copies at the Listed Species Report.
We trust that the above referenced items will be sufficient for your review and approval of the 3pplication,
If you should have any questions, please do not hesitate ta call our offICe at 649-4040.
Sincerely,
7:J~tJØ~
Dan Waters
Project Engineer
Enclosures
cc:
Tom Wegwert, Centex Homes, wi enclosures
Jeff Riopelle, Centex Homes, wi enclosures
John English, WitsonMillm, wlo enclosures
Gary Colt~cchio, WilsonMilfer, w/o enclosures
Bruce Layman, VVilsonMiII,~r. w/o enclosures
t2N11D1. ~ Vw: 01~ ClWATeIUi
:;,<; 4
œs'8-<XI1-'JC3- ESeM. ~.,.
Agenda Item No, 178
Naples FIr' Myers Sarasota BradutOD Tampa Tal/ahass88 May 11, 2004
32f.XJ Bailey Lane. Sl'ite 2C1) Naples. Aorfda 34105-85{J7 941-649-4040 ft 941-643-5716 f,Page 23 of 39
WWW.wI1:anmiIJer.¡;am
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SECTION A
Are any 01 the activities described in this application proposed to OCcur in, on, or over wetlands or
other surface waters? 181 yes 0 no
Is this application being filec by or on behalf of a government entity or drainage districti'
0 yes I2?J no
A.
Type of Environmental Resource Permit Requested (check at least one)
0 Noticed General - include information requested in Section 8.
0 Standard General (Sing I,} Family Dwetling)-include information requested in Sections C and D.
0 Standard General (all orner projects) - include information requested in Sections C and E.
0 Individual (Single Family Dwelling) - include information requested in Sections C and O.
t8J Individual (all other projHcts) - include information requested in Sections C and E.
0 Conceptual - include inf,>rmation requested In Sections C and E.
0 Mitigation Bank Permit (construction) - include information requested in Section C and F.
If the proposed mitigation bank involves the construction of a slJrface water management
system requiring another permit defined above, check. the appropriate box and submit the
information requested by the applicable section. )
0 Mitigation Bank (conceptual) - include information requested in Section C and F.
B.
Type of activity for which you are applying (check at least one)
I8J Construction or operation of a new system including dredging or filling in, on or ovel wetlands
and other surface waters.
0 Alteration or operation of an existing system which was not previously permitted by a wMo
or DEP.
0 Modification 0!.8 systerr previously permitted by a WMD or DEP. Provide previous p'Hmit
numbers.
0 Alteration of a system 0 Extension of permit duration 0 Abandonment of a system
O' Construction of addi1Îonal phases of a system 0 Removal of a system ~
c,
Are you requesting <luthorization to uSe State Owned lands. 0 yes t8J 1'10
(If yes include the information requested in Section G,)
D.
For activities in, on or over wetlands or other surface waters, check type of federal
dredge and fill Permit requested:
t8J Individual 0 Programmatic General
D General 0 Nationwide 0 Not Applicable
E.
Are you claiming to qualify for an exemption? Dyes
If yes provide rule number if known.
l8J no
~
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Agenda Item No. 178
May 11, 2004
Page 24 of 39
------------ -
C'WNERIS) OF lAND" IREFAt1 ached Sheet for Partner) ENTITY TO RECEIVE PERMIT (IF OTHER TH'N OWNER)
NAME NAME
Richard K, Bennett, SUccBssor Trustee
Þ,ODRESS ADDRESS
3,119 Boca Ci.,oa Drive
CITY, STATE. ZIP CITY, STATE. ZIP
Naples, fl 3411 2
COMPANY AND TITLE COMPANY AND TITLE
TELEPHONE 19411 530-7616 TELEPHONE ( I
F,II,X (941) 530-7616 FAX I ¡
AGENT AUTHORIZED TO SEClJF E PERMIT ifF AN AGENT CONSUt.TANT (IF DIFFERENT FROM AGENTI
IS USED!
NAME NAME
John English. PE
COMPANY AND TITLE COMPANY ANO TITLE
Wi'sonMíller. Inc,
ACIDRESS ADDRESS
3200 Bailey lane. Suite 200
CITY. STATE. liP CITY. STATE. ZIP
Naples. FL 34105
TELEPHONE ! ) TELEPHONE (9411 649-4040
FAX I ) FAX (9411 643-5716
Niime of project, including phase if applicable Twelve Lakes
Is this application f<lr part of a multi-phase project? 0 yes ~J no
Total applicant-owned area contiguous to the project 0-0 ae
Total project area for whic:h a permit is sought 262.3 ac
Impervious area for which .J permit is sought 110.9 ae
What is the total area (met'ic equivalent for federally funded projects) of work in, on, cr over
wetlahds or other surface waters?
- 60.9 acres -2",650.626 square feet hectares square
meters
Number of new boat slips f!roposed. 0
Project location (use addithnal sheets, if needed)
County{ies) Collier
Section(s) 4 Township 50s Range 26E
Section(s) -- Township Range
Land Grant name, if applicable
Tax Parcel Identification Nu"ber Folio Number - 00399680005
Street address, road, or cth9r location Between Davis Boulevard pod Radio Road
City, Zip Code if applicable Naples. Fl 34104
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Agenda Item No. 178
May 11, 2004
Page 25 of 39
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OWNER(S} OF lAND EN;'TfTY TO RECEIVEPSRMIT ttfOTHEßTHAN OWNER)
NAME NAME
Naples Fairways Development. liD
ADDRESS ADDRESS
56!32 Strand Court, Suite 3
CITY, STATE, ZIP CITY. STATE, ZIP
Naples, R. 34110
COMPANY AND TiTlE COMPANY AND TITLE
'<
TELEPHONE 1941) 593.3883 TELEPHONE 1 )
FAX 19411 594-9677 FAX (
AGENT AUTHORIZED TO SECURIE PERMIT ifF AN AGeNT CONSUL T ANT (IF DIffERENT FROM AGENT)
IS USED)
NAME NAME
John English, PE
COMPANY AND TITlE COMPANY AND TlTl£
WllsonMlUer, Inc.
AC'DRESS ADDRESS
3200 Bailey lane, Suite 200
Cln', STATE, ZIP CITY, STATE. ZIP
Nap/es,R 34105
TELEPHONE I TELEPfiONE 19411 649-4040
FAX 1 ) FAX 19411 643-5716
Name of project, including phase if applicable Twetve Lakes
Is this application for part of 8 multi-phase project? 0 yes t8:I no
Total applicant-owned area contiguous to the projeC1 0.0 Be
Total project area for which a permit is sought 262,3 Be
Impervious area for which a permit is soug~t 110.9 ae
Whatjs the total area (metric equivalent for federally funded proJects) of work in, on, or over
wetlands or other surface waters?
60'.9 acres ---2..!>50.626 square feet hectares square
meters
Number of new boat slips P 'oposed. 0
Project location luse addltic.nal sheets, if needed)
County(ies) Collier
Sectioo{s) - 4 Township 50þ Range 26E
Sectioo{s) Township Range
Land Grant name, if applicable
Tax Parcel Identi1ìcatio n Nunber Folio NumQar - OQ39968ooo5
Street address, road, or othH location 8etwe~n Davis. 80ulevard a!)d Radio Road
Citv, Zip Code if applicable NavIes, FL 34104
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JO/25I1H- ,~ """ It! ,. OWATERS
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Agenda Item No. 178
May 11, 2004
Page 26 of 39
Page 2 of 4
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Describe in general terrm the proposed project, system, or activity.
The land plan submitted Nith this ERP Application for Twelve lakes is proposed to include
residential development, with 96.6 acres of preserve, to be locatod within the 262,3 acre project
:~ite. The PUD for the project allows for commercial development and a maximum 01 1,000
residential units within the property.
If there have been any pm-application meetings, including at the project site, with reg\Jlatory staff,
please list the date(s), lo(:ntion(s), and names of key staff and project representatives.
_pre-aODfication meetino lit SFWMO on November 1. 2001. The meetino Was attended by Richard
JhomDsoll (SFWMOL K I!j(m Johnson (SFWMOI. SkiD Berqman fACOEI, Tom Wegvrert fCentex
HomesJ. Jeff RioDelie {C~'tex Homes!. John Em¡lísh (WM). Gary Colecchio (WM). Bruce Layman
{WML and Dan Waters fWM!.
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Please identify by numb-er any MSSW/Wetland resource/ERP/ACOE Permits pendin'l, issued or
denied for projects at the ',)cation, and any related enforcement actions.
Agency Date No, \ Type of Application Action Taken
âfWMO --. ERP ADolication No 9,.9092 1-1 0 fu.!lIJ~.;n for Withdrawal Eflclosçd
SFWMD -- ERP Aoo/ication No. 990315-11 ~t for Withdrawal Enclosøj
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fu.te:The f(.Uowioa infoqI ation is required onlv for projects Droposed to occur in.<JO or 01ler
wetlands thš}t need a fe-ç era! dredge and fill p~rm¡t and/or authorization to use state. ownect
!illbmeraed lands and is not necessary when aoDfvina solely for an Environmental Resol.¡rce Permit.
Please provide the names, addresses and zip codes of property owners whose property directly
adjoins the project (excluding applicant). PI€ase attach a plan view showing the owner's names and
adJoining property lines. Attach additional sheets if necessary,
1. . .. Adjacent CfOCertv Ownef"Shì¡; ~ forthcomioo 2.
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0351&-001 -O<U-!O38M- 2'*'
Agenda Item No. 178
May 11, 2004
Page 27 of 39
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By signing this epplication form. I 8m applying, Of I 8m apÞ'yll1Q on behelf of tn. 8þpllcant. lor the
perrYIlt an<t any proprietary JuthoriZ1'Stions kfentlflèd '00\/*, lIOoordit'lg to th.t .uþ1Ortfng d.,ta and other
incident I' Intorme1lon fliOd with thla IIPþl!cation. I am fa/'nillar with the ¡nformed >n contaln.tln tnl,
IIppUcatlon and repre88trt thl' auoh Intorm.tlon /, tn.H, complete at'ld accurate, I under.taM UII. Is an
(~pllcatlon and not II ø.,m t. end that work prier to appro",1 i, . violation, I urdermnd that tnl.
tlPpllcatJon IIIr,d any perml118lJued or pf'Oprietary 8IJthorlU'tlon I8wed Pùrs\Jant tt~o, doo. l'Iot rofteve
me of any obligetfon for obt..nfng any other r.~wred fod.f1II, ~8ta. \1(810' menegement d'-trlat or I.oolr
permit prior 1:0 corom.I1C84'tI.nt of construC1lon. t agree, Ot leg,. on ~N f of my oorpcratk"',to
tlperate ;and melnt.ln tht )'Jfmttted system unteu the I'*'1T'Ilttll"i(J ag.ncy 8tiÚ1Or ze3 tr~lUfer at the
;~rmft to . rosponsib19 op'.'atlQn .ntlty. I undðtS18nd that knowIngly me C!ng .n~ fllsa ,18t_r'\8n\ or
upr.,senUltton In thllapp'I(8~()n fø . vfqletlon of S.cUon 313.430. F.B. alid 18 U.S.C. Sectbn 1001.
Naples. Fairways Development, L'rD, a Florida Limi ted P,\rt.r1f~r5hip
By Fairways Development or Naple~~_tnc.
""¿;;:~;A?- k -, ~ -own '" 4; .~:~" :w~
ßIgñ.tunt 91 AppIlc.,UAQllnt J6bert s. Hardy , atw' ,
Þt:~g:tâent
tC".CtP<)t'.te Tltkt If tlþ;Jftcabf«)
AN AGEN1' MlAY SK3N A8OV1E QM.Y 8F TUE AJ'OPUCANT COIYlPt..l:!Ta THE 1'000QWINa:
I hereby duign"t8 and al.ltll'>rfta the .oent listed ItX.w. 10 act on my btthalf. Of on b.,halt of ITY
corporation- ftl!! tha agent In the proc:e..!oQ of this applicatfon fO( the permft and/or Pf'OprMtat)
6tJ1horiz8t1on It1dtcated ábov~; and to furnish, 00 requelSt, 8upphsm8Ot81 Information In ItJpport of tM
øppHcarion. tn addition, Iltuthorize the .bove-II8t-ed agent to bfnd rn., or my OCl'pOrtltfon, to p.trlOtm
any requjrftrr¡ent whk:h may be Me.ssal)' to procure thø permit Of' 8I.I'CÔortutlol" It'Id1O1t~ 8bQ1le. I
uoderetl!lnd thtrt knowtngty r-1IJklog anv false ~tnem.nt or røpr.ømetfot1 In tht1l app!lt:øtlon I'll
viofa1km Of &/ction 313.43(1, F.B. and 18 U,S.C. Seo1!on tOO1.
-
TyPiJdlPl'lmed NarT1l!l of Applicant
~ofA~ro~
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fCorþòC'~. ~ It .pPlfœbl.)
rt~ høt~...n, ø~~rv'.. ~.f ~9ftatut.- tnw , COl)It! ¡. AI.,rred .tlW't.
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rœsoft A~NG ...ccess TO 1'111 PftOPØITY MUST COMPUTE 1111 'OLJ.OWJ 1<1:
t .f~ OWfl tÞe property de.ctitilld In thfs appI.fca(ton Of' I ~...,. 1q"¡lIU1Þøritv to aIow 8II0WI1O the pr~I'ty, and
t COl18eJ\t, after reo.lvll19 prior "'>fine.doo, to tJIF'tf sit. wit on the PI'OI*ty b'( ttgsM8 Of )tl'Sonne( from tho!
P~t of ErMI'ŒIm....t. Prt,t!tctfqt1, the W... Man.gIln'M1tD"'Ulct MId (Nt U.8. AtrrftI Corp. of ¡nul",""
nn~ 1of Þ ...vI8", 8fKI ¡"'ø«:dønof ~ pl'OPOI" proJct spedhd In thf.t 'rPlic~ on. ,~. tt1....
agents or pcnomwl to en1IIr tI1e )I"IJp81'ty .. ,,*,y tIme. .. m8'{ b4t necaslfll"\l ~ make I Jeh l'1Iv!ew and
1ntþeèt1on. Further_I egrM to p!3¥ìdt entry 10 the projllc( "'tit tot euch 1IQ,,1t1 or PtlAon'" to monhof pwniUtId
!Worklf,D«rnltt.0t1n1ed. Naples Fairways Devela m t, LTD, a rida
L~mïtQdPartner~hip by: Naples 7~ ,
Faiï-,:1Æ1Y$. De'Veløpnlfant of Napl , 'i'-"./1 . .(} ..tJ/
~~'diPMte4 NtfY1e I)' AJ!pllca~¡ !SlgncttlAl ot ~nt Om
Robart S
Presiden;':
fCOI"POrl!18 11tI. If applubfa)
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Agenda Item No. 178
May 11, 2004
Page 28 of 39
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"I L. )V.'fll LI-I'~\'(-I:'.!I;(;I"HffiR 1 NG
~~os
ay lignin" u'û- application fonn, em applying, Qr I em ."plylng Oil b8t-Jolf of the appRc&U1t 10t" the
permit end any proprtetarl aUthorl.tatlon. identified aboWl, eccorcHng to th. 8UþPOrtiog data and other
¡nc:fdonutf im'orm«tlor¡ flfad with thfs appllcat1ol'l. I am familjlJt with the ir¡formfrti4Þf1 COt'rt"'1'I8C If'! thl.
apPllc:atiof1lod rwpr".nf hn &uch information Is true, complete and &Ccl,J~1e. Underahlnd this is an
application end not a p~rn~t, end that work prior to apprOV$1I .. violation. I ltntlé"tllhô tha,1hi. .
applicat/()f ~lnd sf'Y permk fsl~ or Proprftt8ty authorization ISlued pursuant thervto. d~s "lOt relieve
me 01 any obIlgstton for ob!öining any other "quired ftd.,., lUte, water men.}emtl)t dfatrlO1 or IQC8f
permIt prior to oom~rr.nt 01 construotlon, I agree, or I agrle on beh.lll1of ny I::orporatlcn, to
Open!t. end maIntain the pnrmttt&d fymJm unle.. thøp.,.mhting .oa"C'f .ud'() ,¡tu~.r-.for {)1 the
permit to. reepon..~ oþlk9tíon enTIty. I uodttMand th.t knowfngfy rnllk¡ng~1' '1J ,..stat"'~nt or
r~pt.5entatlon il"l this eppllclJtion is .. vlol.tlcn of Section 373,430. F.$. ..f"Id1Ø,).~.C.s.Ctfc'" 1001,
L ~n c:I Îi-d--r 1- .JJ 0 ~ --i..~'L/
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&iøn-tutI}af AÞaliCJll'\tlAiJjIOt.l-- Ð A ~ Date
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IGorpaate n.,e If -..UcIbMI
AN AGENT ~ y Stt.W AeOVi ~Ut.X ., THE APPUCAHT COMfItnu TMI: FOUOWI'fQ
r.entby dnhllnate and eutMrt.lCl the ~nt lfated above to aCj on my behalf. onm behalf of m~1
corporaTIon. .. ttt. agent 11'1111. prOC8Be!ng of this app lcImon 'Of" tn. permit and'or ptO~
authorization indicated 8bQve; end to f~eh, on requwat, luppl.m8/'1tal Information'" ~ I}f the
application. In 8dd/tfon. I lIuthOfll8 the .bov~.d agent to bind me, or my COfporatfun. to perform
any 'e<fuirGm<tnt WhIch may he n~.cllry to procure the p...-mlt 0' authorIzation 'ndlc~ed IIbov... ,
undenrtand that ~nowlnglV mllcing any telae S18tement or ".pru8trtation In thfe,ppfloetlon ,- .
y -:;Iaticn 01 s.ctlon 373.430, F,8. and t 8 U.S,C, SeCt{cm 1001.
Tw-dlPrin18d 'JalY\8 of Appficant
SlgnatUnl of Aøc;Jliaont
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ICorpor",. TItk If applkl.blel
fIJI., Qat-.; r.b~~C8Qt'IL.Q~nal8anat..t. fl1QA. CODY! ÌII r.gu hIlf ~
PERSON AUTMOIUZINO ACCeU TO TN! PROPERTV MUS'f COMfi\.E'Æ T1iE FOLLO\YrN;:
I either own U\4 property *-cr1toed In tN. eppGc.etlonor I have ~øallR/thority ta alia"'" eo,... to the pr~y, itnd
I c:tmhnt, eft.,. reCl/v¡r,g ør1or no1l1ica1iOf\, to Itry ,itìl ""aìt «t tN proø.ny by IOWa Of r:"'o~I1t~ tfI.
c.p~1 of Ef1vf~ P'ro1~on. the WMflt' M~!".f1t Oirtr!cf ~d the U.S. ~ 'ny earp. Of Englf1l,.fIt
n-nIW'Y for the ravI.".,. IInd fn.p.tetlot1 of ~ prOPOIH pro¡8Ct IIPIICff~ III this 8PJI1I~1ft. I ~ then..
agentll or PM.onnel to ellter ~ property u many tm~ .. mey 1M nII,*,uty to I'Mk. 8U:h ,..1fIft~ ~. .
in~. F'I.Int'8r. I... to pro-We entrY 1<) the pro:æjeCt. e fot 8I.JCh agem. CIr'. 10m" to ~or p61m1"t&d
WO.1( if a ~ I, gt8nt.o. ,,-
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TytflcWtinted NII~ 01 AøPl1c«rt SI".,.u. t Arx>taf1(
(Co~t.~. ÌÎth. If 8ppliclb!e'
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Agenda Item No, 178
May 11, 2004
Page 29 of 39
SECTION C
Environmtmtal Resource Permit Notice of Receipt of Application
ThT) information is required in addition to that required in other sections of the application. Ple:~se submit five
copies of this notice of reŒ~ipt of application and all attachments with. the other requiwd information.
PLEASE SUBMIT ALL INFOHMATtON ON PAPER NO LARGER THAN 2' x 3'.
Project Name: Twelve Lakes
County: Collier
Owner. Richard K. Bennerc..:rrust
Applicant Centex Homes
Applicant's Address: S80iE etkan Bay Boulevard. Suite 600
Naples, FL 34108
1. Indicate the project boundaries on a USGS quadrangle map, Attach a Iocatìöo map showing the
boundary of the proposed activity. The map should also cootain a north arrow and a graphíc scale; show
Section(s). Township(s). and Range(s); and must be of sufficient detail to allow a person unfamiliar with
the site to find it. Refart'nce sheet 1 of 11 of the Surtace Water Management Plans for Twelve
Lakes, WilsonMiller, Inc. Drawing File No. P-Q3519..04.
2. Provide the names of at! wetlands, or other surface waters that would be dredged, tillec. impo.unded,
diverted, drained, or wOt.¡1d receive discharge (either dírectly or indirectly), or WOUld otherwise be
impacted by the proposed activity, and spédfy if they are in an Outstanding Florida Water or Aquatíc
Preserve: On-site w!I!thnds include one 0.5 acre isolated wetland (No.1) and one 141 acre
wetland (No, 2). Neither)f these are OFWs Or Aquatic Preserves.
3, Attach a depiction (plan ard section view~), which clear1y shows the works or other faciliti~¡ proposed to
be constructed. Use muttiple sheets, if necessary. Use a scale sufficient to $hOW the location and type of
works. Reference the Surface Water Management Plans for Twelve Lakes, WUsonMlller, Inc.
Drawing File No. 0-03519-04.
4. Briefly describe the pro .X}sed project (such as .construct a deck with boat shelter",.replaœ two existing
culverts", 'construct surface water management system to serve 150 acre residentié11 development"):
Construct a surface water management system to serve a 262 acre site consisting of
approximatety 400 residential units and 96_6 acres of preserve.
5. .;>pècify the- acreage of wetands or other surface waters, if any. that are proposedto!>& disturbed, tüled,
excavated, or otherwise itTpacted by the proposed activity: This application propoSed an impact to
approxImatety 60.9 acres of Corps and SFWMD Jurisdictional Wetlands.
6. Provide a brief statement cescribing any proposed mitigation for impac.ts to wetlands and other surface
waters (attc'ìCh additional sheets if necessary): The applicant proposes to enhanceappro:dmately 91
acres of on-site uplanc s and wetlands and place them in a hydrologIcally ;ontfguou$
conservation easement Off-site mitigation requirements will be accounted for by either off...site
preservation as wetland and red-cockaded woodpecker mitigation or financiafcontribution to the
regional w<etfand mitigatio n bank or some combination thereof.
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Page 30 of 39
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EXInBIT D
NOT APPLICABLE. THE ENTIRE SITE IS UNDEVELOPED, NO TRACTS HA VE
BEEN SOLD TO OTmIRS.
Agenda Item No. 178
May 11 , 2004
Page 31 of 39
, """"
EXHIBIT E
SIGNATORY CERTIFICATION
L JHehard K. Bennett. Succe SSOf Trustee, am theTmstee orLand Trmt Number 5222, said Trustbeing
the O"Mler of all of the lands comprising the Twelve Lakes Development of Regional hnpact(the
.. DR!") locat~d in Collier C(,unty, Florida.. and whose devel<>PØet1torder was Î$SUed by Co! lier County,
Florida on February 10, 1987. 1 herøby concur with thð requesttø aba.ndçt1. the above referenced-DID.
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Land Trust Number 5 2.. . . .. . .. .
~: ~/C2
Richmd Bennett as Succes Trustee .
Naples Fairo.vay Developtnen~ Ud., a FloridaLimired Partnership
By:
Fairways Development of Naples, Inc. as General Partner
By:
Robert S. Hardy, as President
mc9146ExhibitESîgnatory:C ertification-O9.09-O3
Agenda Item No, 178
May 11, 2004
Page 32 of 39
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t.Iíe ~ ~aU Q{'tbe lands c<fmpri:mzg the TweLve,fakes ~opment of Reliorta! Impact (the
"DRf!) locded in coWer (~. Florida. and ~ ~vefopmìmt ord«was ismodby CóU ier County.
Florlaa. oá'Febl'Uaty 10. ] 9 8?:: I~y ooncur w~ 1b~ ~~, to abandon the aboVe refer.:nced DRl
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Agenda Item No. 178
, May 11, 2004
Page 33 of 39
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AUTHORIZATION
AND
APPOINTMENT OF AGENT
I, Richard 1<.. Bennett, Suc<:essor Trustee, as the Trustee of LandT rust Number 5222, said Trust being
the owner of all ()f the landscQmprisingthe Twelve Lakes Development of RegìonalImpact (the
.. D RI") located in Cø11ie1" County. Florida. be,ebyáppoint Ceritex Homc:sas .r11yageJ,1t~d f.uthorize said
agent, by and through sw::hagelltsandreprcs~i"esa$it mâYa.ppoint, tafile and process an
application for the . abanc:,ottn1ent of the DIU pursuant to the a.ppJiçab1e rules of the Florida
Ad.mirUstrative COde and the Collier CoUnty Land Developmen1Regulations.
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By: ... .. (If::; . . .
Ricba K. Bennett as Successor T~
Naples Fairway Developmcmt., Ltd, a Florida Linûted Partnership
By:
Fairways Development of Naples, Inc. as General Partner
By:
Robert. S. Hardy, as President
All the duly authorized and appointed agent oftbe owner of the property comprising the DR,L Centex
Hames hereby appoints Don ald. A . Pickwortb.Atto1l;1eY at Law. as its. agent for the filing ani processing
of an applicant for the aban:ionrnent of the DR!.
Centex Homes, a Nevada General P.a.rtnership
By:
~ '~0<¡>dt0Ii0n. Mana.. .gingGeneral Partner
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Timothy 1. Ruemkr:Ðivision President
By:
mc9145 AutharizationandAp pointmentofAgent-O9-09-03
Agenda Item No. 178
May 11, 2004
Page 34 of 39
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1, ,~~ K. ~ Su('¡~Trustee- as the r~:~Tn;tst Number '22~ SÍûd TlUst bd.ag
tbe ~ of all of the l2i.rKls ~ 1he ~ '~.QoveIopm.efit of RegioriallJ:J:JP&Ct ('the
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~on ': for 1bt? abrindonm.<{m, of the DRI~: to : th6 applicable rules óf tho Florida.
~ Code andt~e Collier Couaty Land De~Opmcri Regulations. :
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N.pJ~ Fairway Devclopa,~ t1t.Þ . Florida Limfted.'~
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A5tbe:du1y authorized apd Bp,pohtted a~ ortbe o~ of~'pI-oper'<y comprising ~ DIu. Cent.f¡K
a~ hereby appoints Datuùd ~ PiCkworth. ~~w~: q its àþt fortho filing imd JtI'OCftSÏUg
, ',~f,SD ~nc.lt1l !ex 1110 a.b~ doe~ oflho DR!. ' l
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Agenda Item No. 178
, May 11, 2004
Page 35 of 39
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RESOLUTION NO. 04-
ABANDONMENT OF THE TWELVE LAKES DRI
and
DR! DEVELOPMENT ORDER
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
PURSUANT TO RULE 9J -2.0251, FLORIDA ADMINISTRATIVE
CODE, PROVIDING FOR THE ABANDONMENT OF THE
TWELVE LAKES DEVELOPMENT OF REGIONAL IMPACT
APPROVED ON FEBRUARY 10, 1987, AND SUBSEQUENT
AMENDMENTS; PROVIDING FOR FINDINGS OF FACT AND
CONCLUSIONS OF LAW; PROVIDING FOR APPROVAL OF
THE ABANDONMENT OF THE DR!, REPEAL OF TIlE DR!
DEVELOPMENT ORDER, AS AMENDED, AND COMPLIANCE
OF POST-ABANDONMENT DEVELOPMENT WITH COUNTY
REGULATIONS; PROVIDING FOR RECORDATION OF
NOTICE OF ABANDONMENT; PROVIDING FOR
SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.
Whereas, the DRI Development Order for the Twelve Lakes DRI (hereinafter, Ù1e
"Development Order") was originally adopted by the Board of County Commissioners of Collier
County, Florida on February 10, 1987 as Development Order 87-]; and
Whereas, the Development Order was amended as follows: (i) May 19, 1987 by
Resolution 87-110, (ii) April 7, 1992 by Resolution 92-22] (Development Order 92-3), (iii)
February 2], 1995 by Resolution 95-3 (Development Order 95-144), and (iv) December 16, 1997
by Resolution 97-479 (Development Order 97-5); and
Whereas, the Development Order, as amended, approved the development of 1,000
residential units and 112,500 square feet of commercial uses on Ù1e property described in Exhibit
A attached hereto (hereinafter the "DRI Property"); and
Whereas, Section 380.06 (26), Florida Statutes, and Rule 91-2.0251, Florida
Administrative Code, pennit and establish Ù1e process for Ù1e abandonment of a development of
regional impact; and
Whereas, Riehard K. Bennett, ås Successor Trustee of Land Trust 5222, Ù1e owner of all
Ù1e DRI Property (hereinafter the "Owner"), through his auÙ1orizcd representatives, has applied
to the Board of County Commissioners to abandon the Twelve Lakes Development of Regional
Impact puI1mant to the above-referenced Statute and Rule; and
Whereas, the SouÙ1west Florida Regional Planning Council considered the application on
October 16, 2003 and found that the DRI was eligible to pursue abandonment and Ù1at no
objections to the proposed abandonment exist, and has so informed the County and the applicant;
and
Whereas, the Florida Department of Community Affairs has reviewed the application and
Ù1e recommendation of the Southwest Florida Regional Planning Council, and has discussed the
application with the Collier County Community Development and Environmental Services
Division Staff, and has detennined that it does not object to Ù1e abandonment of Ù1e
Development Order by Ù1e Board of County Commissioners and has so informed the County and
the applicant of this determination; and
and
Whereas, all required public notices for hearings on the application have been published;
Agenda Item No. 178
May 11 , 2004
Page 36 of 39
Whereas, the Collier County Planning Commission has conducted a public hearing on
Page 1 of 3
April ]5,2004 and recommended the approval of the application to abandon the Twe]ve Lakes
DRI and the Deve]opment Order and recommended the adoption of this Reso]ution abandoning
the DRI and the Deve]opment Order.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNfY
COMMISSIONERS OF COLLIER COUNrY, FLORIDA that:
SECTION 1. RECITALS. The Recitals in the preceding "Whereas" clauses are true
and correct and are incorporated herein by reference.
SECTION 2. ABANDONMENT APPROVED. The application for the abandonment
of the Twe]ve Lakes Development of Regional Impact and the Development Order is hereby
approved.
SECTION 3. FINDINGS OF FACT. The Board of County Commissioners hereby
makes the following findings of fact:
1.
The Owner requested the abandonment of the Development Order
because, as a result of population increases in Collier County, the
development proposed after abandonment consists of 1000 residential
units and 112,500 square feet of commercial uses, which are 50 percent of
the residential threshold, 28 percent of the commerciallhreshold, and 54
percent of the mixed use threshold set forth in Section 380.0651, Florida
Statutes, and Chapter 28-24, Florida Administrative Code, and therefore
the development docs not require DRI review.
2.
There has been no development on the property subject to the DR], and
therefore, no impacts to resources or existing or planned facilities have
occurred.
3.
The development proposed after abandonment shall comply with: (1) the
provisions of Ordinance Number 03-20, adopted May 13,2003, which is
the Planned Unit Development document for the Twelve Lakes project;
and (2) the Collier County Land Development Code.
4.
The impacts of the development proposed after abandonment will be
adequately mitigated by compliance with the provisions of Ordinance
Number 03-20 and the Collier County Land Development Code. This
includes, but is not limited to, the payment of all required impact fees, and
compliance with the County's Concurrency Management System.
5.
The abandonment of the Development Order will not affect any areas
required by the Development Order to be set aside for preservation or
protection. The development proposed after abandonment will, pursuant
to Ordinance 03-20, be required to set aside substantially more land for
preservation than that required by the Development Order.
6.
The developer has not relied on the benefits granted to developments of
regional impact pursuant to Chapters 163, 403, and 380, Florida Statutes.
7.
The abandonment will have no adverse impact upon, and is consistent
with, the Collier County Growth Management Plan and land development
regulations
SECTION 4. CONCLUSIONS OF LAW. The Board of County Commissioners
Agenda Item No. 178
May 11, 2004
Page 37 of 39
hereby makes the following conclusions of law:
I.
The Twelve Lakes DRI is eligible for abandonment because the
development planned and authorized after abandonment is below the
applicable development of regional impact thresholds for residential,
commercial,and mixed uses. Thus, the development proposed after
Page 2 of 3
abandonment is not a DRI.
2.
The development proposed after abandonment is consistent with the
Collier County Growth Management Plan and Land Development Code,
and does not need to be authorized as a development of regional impact to
proceed.
3.
The development proposed after abandonment is consistent with the
Collier County Growth Management Plan and land development
regulations so long as the post-abandonment development complies with
Ordinance Number 03.20 and the Collier County Land Development
Code.
4.
The proposed development after abandonment will be consistent with the
State Comprehensive Plan, the State Land Development Plan, and the
Southwest Florida Regional Policy Plan.
SECTION S. APPROVAL OF ABANDONMENT OF DRI, REPEAL OF DR!
DEVELOPMENT ORDER, AS AMENDED, AND COMPLIANCE
OF POST ABANDONMENT DEVELOPMENT WITH COUNTY
REGULATIONS.
L
The application to abandon the Twelve Lakes Development of Regional
Impact is hereby approved, subject to the tenns and conditions herein.
2.
The Twelve Lakes Development of Regional Impact and Development
Order 87-1, Resolution 87-] 10, Resolution 92-22], Resolution 95-3, and
Resolution 97-479 are hereby repealed in their entirety and shall be of no
further force or effect.
3.
All development after abandonment shall comply with all applicable
pennitting requirements and land development regulations of Collier
County. .
4.
The tcnns and conditions of this Resolution shall be binding upon the
Owner and its assigns or successors in interest.
SECTION 6. SEVERABILITY. If any section, sentence, clause or phrase of this
Resolution is held invalid or unconstitutional by any court of competentjurisiliction, said holding
shall in no way affect the validity of the remaining portions of this Resolution, and the remainder
of this Resolution shall remain in full force and effect.
SECTION 7. RECORDATION. The Owner shall record a Notice of Abandonment
in accordance with Section 28.222, Florida Statutes, with the clerk of the Collier County Circuit
Court, as provided by Rule 9J-2.025 I , Florida Administrative Code.
law.
SECTION 8. EFFECTIVE DATE. This Resolution shall take effect as provided by
A TrEST:
DWIGHT BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
Agenda Item No. 17B
May 11, 2004
Page 38 of 39
By:
Deputy Clerk
Approved as to fonn and legal sufficiency:
Marjorie M. Student
Assistant County Attorney
DRIABN-200J-AR-49S7
BY:
DONNA FIALA, CHAIRMAN
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Agenda Item No. 178
May 11, 2004
Page 39 of 39