Agenda 06/24/2014 Item #11B6/24/2014 11. B.
EXECUTIVE SUMMARY
This item to be heard immediately following Companion Item 9D. This item requires that ex parte
disclosure be provided by Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to approve the off -site removal of fill
from the Naples Reserve RPUD consistent with the companion PUD Amendment. This is an
amendment to Commercial Excavation Permit PL 20140000342 to allow excess fill to be removed
from the site. The excess fill is a result of previously approved development lake excavations within
Naples Reserve RPUD. This item is a companion item to Naples Reserve RPUD PL20140000342,
Agenda Item 91).
OBJECTIVE: To approve an amendment to the existing Commercial Excavation Permit No.
60.100 -1 to allow the removal of excess fill from Naples Reserve RPUD (Residential Planned
Unit Development beyond the previously approved quantity for the roadway widening of US 41
between SR 951 and SR 92. It is anticipated that a minimum of 400,000 cubic yards of fill will
be provided to the US 41 roadway project. Therefore, the maximum amount of fill transported
offsite to adjacent and nearby developments shall be limited to a maximum of 650,000 cubic
yards. The total amount of excavated material removed from the development shall not exceed
1,050,000 cubic yards.
CONSIDERATIONS: The Naples Reserve RPUD PUDA- PL20140000342 is a companion
item that must be amended and approved to allow for the proposed increase of offsite fill
removal requested by this commercial excavation application. The RPUD proposes changes
limiting the quantity, transportation radius, hours of operation, number of trips per day, permit
duration, access and fill operations. Additionally, the developer will improve Greenway Road as
a commitment to the RPUD.
The project has 13 lakes totaling approximately 100 acres. The current proposed excavation
depth is 20 feet, and with off -site hauling would produce approximately 2.0 million cubic yards.
The petitioner estimates that they need permission to remove approximately 1,050,000 cubic
yards of excavated material.
FISCAL IMPACT: The overall Fiscal impact for this allowance is not able to be quantified at
this time, but is anticipated to represent a significant savings to Collier County due to a reduced
cost for fill material needed for the US 41 road corridor. The applicant has paid $2,000 to amend
the existing Commercial Excavation pen-nit. Additional road impact fees of $5.62 per 1,000
cubic yard will be required for the additional proposed removal of 650,000 cubic yards of
material ($3,653.00).
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and
requires a majority vote for Board approval. - SAS
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this item.
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6/24/2014 11. B.
RECOMMENDATION: Recommendation that the Board of County Commissioners approves
the offsite removal of fill pursuant to a Commercial Excavation permit PL20140000342 subject
to the Naples Reserve RPUD Ordinance.
Prepared By: Jack McKenna P.E., County Engineer, Engineering Services Department, Growth
Management Division
Attachments: 1) Project Location Map 2) Commercial Excavation Permit Plans 3) Existing
$1,000,000 bond 4) Permit Application 5) Proposed Modified Excavation Permit
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6/24/2014 11. B.
COLLIER COUNTY
Board of County Commissioners
Item Number: 11.11.6.
Item Summary: This item to be heard immediately following Companion Item 9D. This
item requires that ex parte disclosure be provided by Commission members. Should a hearing
be held on this item, all participants are required to be sworn in. Recommendation to approve
the off -site removal of fill from the Naples Reserve RPUD consistent with the companion PUD
Amendment. This is an amendment to Commercial Excavation Permit PL 20140000342 to allow
excess fill to be removed from the site. The excess fill is a result of previously approved
development lake excavations within Naples Reserve RPUD. This item is a companion item to
Naples Reserve RPUD PL20140000342, agenda item 9D.
Meeting Date: 6/24/2014
Prepared By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior, Natural Resources
5/28/2014 1:05:25 PM
Submitted by
Title: Site Plans Reviewer, Senior, Natural Resources
Name: HouldsworthJohn
5/28/2014 1:05:26 PM
Approved By
Name: PuigJudy
Title: Operations Analyst, Community Development & Environmental Services
Date: 5/28/2014 2:38:13 PM
Name: McLeanMatthew
Title: Project Manager, Principal, Operations and Regulatory Management
Date: 5/28/2014 4:28:03 PM
Name: McKennaJack
Title: Manager - Engineering Review Services, Natural Resources
Packet Page -276-
Date: 6/5/2014 12:58:24 PM
6/24/2014 11. B.
Name: StoneScott
Title: Assistant County Attorney, CAO Land Use/Transportation
Date: 6/6/2014 11:20:05 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 6/10/2014 9:32:35 AM
Name: IsacksonMark
Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget
Date: 6/12/2014 2:58:35 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/16/2014 2:24:49 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 6/16/2014 2:47:20 PM
Packet Page -277-
6/24/2014 11. B.
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6/24/2014 11. B.
COLLIER COUNTY LAND DEVELOPMENT CODE
PERFORMANCE BOND NO. CMS0270828
KNOW ALL PERSONS BY THESE PRESENTS: that
SFI NAPLES RESERVE LLC
3232 W. LAKE MARY BLVD.; SU1TE 1410
LAKE MARY, FL 32746
(hereinafter referred to as "Owner ") and
RLI INSURANCE COMPANY
P.O. BOX 3967
PEORIA, IL 61612 -3967
(hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida,
(hereinafter referred to as "County") in the total aggregate sum of One Million and 001100 Dollars
($1.000.000.001 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, firmly by these presents. Owner and Surety are used for singular or plural, as the
context requires.
approval by the Board a certain subdivision plat named Naples Reserve, Phase 1 and that certain
subdivision shall include specific improvements which are required by Collier County Ordinances
and Resolutions (hereinafter "Land Development Regulations "). This obligation of the Surety shall
commence on the date this Bond is executed and shall continue until the date of final acceptance by
the Board of County Commissioners of the specific improvements described in the Land
Development Regulations (hereinafter the "Guaranty Period ")
NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties
in accordance with the Land Development Regulations during the guaranty period established by the
County, and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and
save harmless the County from and against all costs and damages which it may suffer by reason of
Owner's 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, stipulates and agrees that
no change, extension of time, alteration, addition or deletion to the proposed specific improvements
shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such
change, extension of time, alteration, addition or deletion to the proposed specific improvements.
PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended
automatically and immediately, without formal and separate amendments hereto, so as to bind the
Owner and the Surety to the full and faithful performance in accordance with the Land Development
Regulations. The tern "Amendment," wherever used in this Bond, and whether referring to this
0
0 6/24/2014 11. B.
Bond, or other documents shall include any alteration, addition or modification of any character
whatsoever.
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND TO be
executed this 24th day of July, 2013
(Owner's witness and signature block)
WITNESS: SFI N S R S ERVE LLC
Printed Name Printed Name and Title
(Surety's witness and signature block)
RLI INSURANCE COMPANY
Stephen A. Vann Lisa Pless, Attorney -in -Fact
Printed Name Printed Name and Title
0 0 6/24/2014 11. B.
(Separate notary acknowledgement for Owner and Surety required)
Owner Acknowledgement
State of pPa.pF�--"
County of ���-
le foregoing PE ORMANCE BOND was cvledged before me this GA_ day of
2013 b e. of SFI NAPLES RESERVE LLC who
s a own to me,
OR
has produced as identification.
WITNESS my hand and official seal
14Drwrr rwe - ta.r a Nwa
tyr,.nw.t�Iat6.lHI
camomm • OD 9"4" TARY PUBLIC- STATE OF
A0IM An Odom" rrry ar
_ i.7b"q+ M - C S C
PIZTNTED NAME
Surety Acknowledgement
State of _ Georgia
County of Gwinnett
"•"6"•••6 ` •-•�+ �••�••••- •••�,+ —j—, waa acxnuwieagea Derore me mis Loth day of
2013 by Lisa Pless as AttomM -in -Fact of RLI INSURANCE COMPANY who is
personally known to me,
OR
has produced as identification.
WITNESS my hand and official seal
NOTARY PUBLIC- STATE OF GA
Geraldine W. Hams
PRINTED NAME
CIERALDINE W. HARMS
NOTARY PUBLIC
OWINNETT COUNTY
STATE OF GEORGIA
rr owww J" Mbpow ROM) t, am
E
RLI' R"su
P.O. Boa 3 %7 I Peoria, 1L 61612 -3 %7
17rmc:(BO0)645 -2402 I Fax: (309)689L2(136
rrw Acorp.covs
Know Aff Men by These Presenn:
0 6/24/2014 11. B.
POWER OF ATTORNEY
RLI Insurance Company
That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the
approving officer if desired.
That RLI Insuraaee Company, an Illinois corporation, does hereby make, constitute and appoint
Lisa Pless. Stephen A. Vann. jointly or severalty
in the City of Atlanta . State of Us gix its true and lawful Agent and Attorney in Fact, with full
power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described
bond
Any and all bonds provided the bond penalty does not exceed Twenty Five Million Dollars (525,000,000.00).
The acknowledgment and execution of such bond by the said Attorney in Pact shall be as binding upon this Company as if such bond had been
executed and acknowledged by the regularly elected officers of this Company.
The RLI Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors
of RLI Insurance Company, and now in force to-wit:
"AB bonds, policies, undettalcings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of
the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board
of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint
Attottteys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in The name of the ompen .Thy a corporate
seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The
signature of any such officer and the corporate seal may be printed by facsimile."
IN WPfNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its Vice President with its
corporate seal affixed this .8th_ day of February 2013
=aticE moo` RLI Insurance Company
�a ..� ooa.oaara tl g
By. ,toy C. Ili Vice President
State of Illinois NM ot,4.o"f
SS
County of Papule
CERTIFICATE
On this .9th day of February 2013 - before me, a Notary Public,
personally appeared Ly C. Die . who being by me duly sworn,
acknowledBed that be signed the above Power of Attorney as the aforesaid
officer of the RLI Insuraaee Company and wkwwlodgcd said instrument to
be the voluntary act and deed of said corporation.
Br. aC
Jacque " e M: Buckler Notary Public
-OFFICIAL SEAL
IACC.EONE K &=LER
�+ corrsaons>vwsatanw
romaww:
1, the undersigned officer of RI1 Insurance Company, a stock
corporation of the Slate of Illinois, do hereby certify that the attached
Power of Attorney is in full force and effect and is irrevocable; and
furthermore, that the Resolution of the Company as tat f�7rd, in the
Power of Attorney, is now in force. in tenimony wheripe, I have
L�ce�u�t�p ad my hand and the seal of the RLI insurance Company
tnraCf= day of 'Sd 2 _
RLI Insurance Company ..
By:
Roy C. D Vice President
6/24/2014 11. B.
COLLIER COUNTY
Growth Management Division
Engineering Services
January 16, 2014
Robau & Associates, LLC
3050 Horseshoe Drive North
Naples, FL 34104
Re: Commercial
Excavation Permit No. 60.100 -1, PL20130002717
"NAPLES RESERVE PHASE 1"
Section 1, Township 51 South, Range 26 East
Collier County, Florida
Dear Mr. Robau:
THIS IS YOUR PERMIT AND MUST BE POSTED ON SITE
In accordance with the authority given in County Ordinance No. 04 -55, Section 2.E., Article IV, Sections
22- 106-22 -119, as amended, your application for a "(Commercial, Development, Private)" Excavation is
hereby approved subject to the following stipulations:
1. The excavation shall be limited to a bottom elevation of -15.3 ft. NAVD. All disturbed areas
proposed for lake excavation shall be excavated to a minimum elevation of -2.7 ft. NAVD.
2. Off -site removal of material shall be limited to amounts identified in Ordinance 12 -29 Naples
Reserve Golf Residential Planned Unit Development (RPUD) - Exhibit F under the Transportation
Commitment D.
3. The lake littoral zone shall be created and planted as indicated on the Plan of Record and in
accordance with County Ordinance 91 -102 Section 3.05 -10 as amended.
4. All provisions of Collier County Ordinance No. 04 -55, Section 2.E. shall be adhered to.
5. Where groundwater is proposed to be pumped during the excavating operation, A Dewatering
Permit shall be obtained from the South Florida Water Management District, and a copy provided to
Engineering Review Services for approval prior to the commencement of any dewatering activity on
the site.
6. No blasting will be permitted unless issued a separate permit by Collier County Engineering
Services Department.
7. If trees are to be removed as a result of the excavating operation, a Vegetation Removal Permit,
required by Land Development Code, Division 3.05 as amended shall be obtained from Collier
County Environmental Services Department before work shall commence.
8. A 20 ft. maintenance easement shall be provided around the perimeter of the lake and a 20 ft.
access easement to it shall be provided from a right -of -way. The easement shall be accessible to
all maintenance vehicles.
9. Stockpile side slope shall be at a maximum of 4:1 unless fencing is installed around the entire
perimeter of the stockpile area.
Packet Page -284-
6/24/2014 11. B.
10. Any stockpile in place for a period exceeding 60 days shall be seeded and mulched and erosion
control devices installed.
11. Please see attached Executive Summary approved by the Board of County Commissioners for
further stipulations.
Since we are in receipt of the excavation performance bond #CMS0270828 in the amount of
$1,000,000.00 and the permit/review fee in the amount of $6,843.60, this letter is your authorization to
proceed with the excavation project in accordance with your plans and the above - mentioned stipulations.
This permit is valid for (1) year and must be renewed on the anniversary date of permit issuance.
The Plan of Record for this excavation is titled "NAPLES RESERVE PHASE ONE" Sheet 29 prepared by
RWA Consulting, Inc., signed and sealed Barry Jones.
Should you have any further questions regarding this matter, please feel free to contact me at (239) -252-
8279.
Sincerely,
Matthew McLean P.E.
Principal Project Manager
Engineering and Environmental Services Department
cc: EX 60.100 -1, PL20130002717 File
Packet Page -285-
COLLIER COUNTY
Growth Management Division
Engineering Services
j.-RWaFy 16 2914
June 25, 2014
6/24/2014 11. B.
Robau & Associates, LLC
3050 Horseshoe Drive North
Naples, FL 34104
Re: Commercial
Excavation Permit No. 60.100 -1, PL20130002717, PL20140000342
"NAPLES RESERVE PHASE 1"
Section 1, Township 51 South, Range 26 East
Collier County, Florida
Dear Mr. Robau:
THIS IS YOUR PERMIT AND MUST BE POSTED ON SITE
In accordance with the authority given in County Ordinance No. 04 -55, Section 2.E., Article IV, Sections
22- 106 -22 -119, as amended, your application for a "(Commercial, Development, Private)" Excavation is
hereby approved subject to the following stipulations:
1. The excavation shall be limited to a bottom elevation of -15.3 ft. NAVD. All disturbed areas
proposed for lake excavation shall be excavated to a minimum elevation of -2.7 ft. NAVD.
2. Off -site removal of material shall be limited to 1,050,000 CY and subject to conditions in the Naples
Reserve RPLID, PUDA – PL20140000342. arneuRts ;de„+,f P_d ;r Ord- inaRGe 12.29 Naples Resewe
Gernmotment D-.
3. The lake littoral zone shall be created and planted as indicated on the Plan of Record and in
accordance with County Ordinance 91 -102 Section 3.05 -10 as amended.
4. All provisions of Collier County Ordinance No. 04 -55, Section 2.E. shall be adhered to.
5. Where groundwater is proposed to be pumped during the excavating operation, A Dewatering
Permit shall be obtained from the South Florida Water Management District, and a copy provided to
Engineering Review Services for approval prior to the commencement of any dewatering activity on
the site.
6. No blasting will be permitted unless issued a separate permit by Collier County Engineering
Services Department.
7. If trees are to be removed as a result of the excavating operation, a Vegetation Removal Permit,
required by Land Development Code, Division 3.05 as amended shall be obtained from Collier
County Environmental Services Department before work shall commence.
8. A 20 ft. maintenance easement shall be provided around the perimeter of the lake and a 20 ft.
access easement to it shall be provided from a right -of -way. The easement shall be accessible to
all maintenance vehicles.
Packet Page -286-
6/24/2014 11. B.
9. Stockpile side slope shall be at a maximum of 4:1 unless fencing is installed around the entire
perimeter of the stockpile area.
10. Any stockpile in place for a period exceeding 60 days shall be seeded and mulched and erosion
control devices installed.
11. Please see attached Executive Summary approved by the Board of County Commissioners for
further stipulations.
Since we are in receipt of the excavation performance bond #CMS0270828 in the amount of
$1,000,000.00 and the permit/review fee in the amount of $6,843.60, this letter is your authorization to
proceed with the excavation project in accordance with your plans and the above - mentioned stipulations.
This permit is valid for (1) year and must be renewed on the anniversary date of permit issuance.
The Plan of Record for this excavation is titled "NAPLES RESERVE PHASE ONE" Sheet 29 prepared by
RWA Consulting, Inc., signed and sealed Barry Jones.
Should you have any further questions regarding this matter, please feel free to contact me at (239) -252-
8279.
Sincerely,
Matthew McLean P.E.
Principal Project Manager
Engineering and Environmental Services Department
cc: EX 60.100 -1, PL20130002717, PL20140000342 File
Packet Page -287-