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Agenda 10/12/2004 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA October 12, 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 DA TE 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. Page 1 of 8 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Deacon AI Groh, St. John's the Evangelist Catholic Church 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) B. September 2, 2004 - BCC/Emergency Meeting-Hurricane Frances Briefing C. September 5, 2004 - BCC/Emergency Meeting-Hurricane Frances Briefing D. September 9, 2004 - BCC/EDC Workshop E. September 9, 2004 - BCC/Budget Hearing Meeting F. September 10,2004 - BCC/Emergency Meeting-Hurricane Ivan Briefing G. September 11, 2004 - BCC/Emergency Meeting-Hurricane Ivan Briefing 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) 4. PROCLAMATIONS 5. PRESENT A nONS 6. PUBLIC PETITIONS A. Public Petition Request by Nestor Lobo to discuss the possibility of building a public swimming pool in East Naples. B. Public Petition Request by Kelli Justice to discuss proposed third entrance to Pebblebrooke Community. 7. BOARD OF ZONING APPEALS A. This Item requires that all participants be sworn In and ex parte disclosure be provided by Commission members. Robert K. and Ruth P. Garee, property owners, requesting variances in the Lely Country Club PUD Zoning District (Ordinance No. 84- 85, PUD Document Section 3.4.4.B.) as follows: 1) a 5·foot variance from the required 15-foot, two story side yard setback, to allow a 10-foot side yard setback adjacent to Lot 13; 2) a 6-foot 5-inch variance from the required 15·foot, two-story side yard setback to allow an a.foot 7 -inch side yard setback adjacent to Lot 11; and 3) a 1-foot 11 inch variance from the maximum wall height of 6 feet as required by LDC Section 2.6.11.2.2., to allow a garden wall height of 7 feet 11 inches adjacent to Lot 13. The property is located at 234 Palmetto Dunes Circle; further described as Lot 12, Palmetto Dunes at Lely Country Club, in Section 20, Township 50 South, Range 26 East, Collier County, Florida. 8. ADVERTISED PUBLIC HEARINGS A. This Item continued from the June 22, 2004 meeting and was further continued to the September 14, 2004/September 21,2004 BCC Meeting. This item requires that all participants be sworn In and ex parte disclosure be provided by Commission members. PUDZ-03-AR-3561, Hlwasse, Inc., represented by Robert Duane of Hole Montes, Inc., requesting a rezone from Rural Agricultural (A) to Planned Unit Development (PUD) to be known as the Hlwasse PUD to allow for a professional office, or indoor self storage, or a combination thereof for property located on the west side of Livingston Road, and approximately one-quarter mile south of Pine Ridge Road (CR-896) in Section 13, Township 49S, Range 25E. B. An Ordinance of the Board of County Commissioners, to the Lely CDD Board of Supervisors consenting to Lely CDDs special powers for enhanced security. ,,_. Page 2 of 8 C. This item was continued from the July 27, 2004 Board of County Commissioners meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDZ-2003-AR-4250: Golden Gate Fire Control and Rescue District and Waterways Joint Venture IV, represented by Karen Bishop, of PMS, Inc. of Naples, and Richard D. Yovanovich, of Goodlette, Coleman and Johnson, P.A., requesting a rezone from the Rural Agricultural (A) zoning district to the Mixed Planned Unit Development (MPUD) zoning district, to allow development of a fire station with a 135-foot high communication tower and a 75-foot high training facility, and sixteen (16) single-family attached dwellings (Including townhouses intended for fee simple conveyance including the platted lot associated with the residence) and customary accessory uses. Property Is located on the west side of Collier Boulevard (C.R. 951), approximately 340 feet north of Wolfe Road, In Section 34, Township 48 South, Range 26 East, Collier County, Florida, consisting of 9.38± acres. D. Consideration of an ordinance providing for the creation of the Collier County Administrative Code; providing for the subsequent amendment, revision, or modification to that Administrative Code; providing for conflict and severability; providing for codification and Inclusion in the Code of Laws and Ordinances; and providing for an effective date. 9. BOARD OF COUNTY COMMISSIONERS A. This Item was continued from the June 22, 2004 BCC meeting. Recommendation to consider Resolution opposing the City of Naples' vessel speed zones. (Commissioner Henning) B. Recommendation to declare 2 vacancies on the Hispanic Affairs Advisory Board. 10. COUNTY MANAGER'S REPORT A. Amend professional engineering services agreement with Metcalf & Eddy, Inc. for the South County Regional Water Treatment Plant, 8 MGD Reverse Osmosis (SCRWTP), Contract 98-2891, in the amount of $1,924,500, Project 70054. (Jim DeLony, Administrator, Public Utilities) B. Recommendation to authorize the purchase of 150 Remote Transmitting Units for Wastewater Collections Telemetry for the amount of $950,525.00, Project 73922. (Jim DeLony, Administrator, Public Utilities) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. Approve the contract for an Executive Director for the Collier County Airport Authority . 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS Page 3 of 8 ------------------------------------------------------------------------------------------------------------------- 16. CONSENT AGENDA - All matters listed under this Item are considered to be routine and action will be taken by one motion without separate discussion of each Item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. ------------------------------------------------------------------------------------------------------------------- A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1. Recommendation to approve final acceptance of water and sewer utility facilities for Island Walk, Phase 1A. 2. Recommendation to approve final acceptance of water and sewer utility facilities for Island Walk, Phase 1-B. 3. Recommendation to approve final acceptance of water and sewer utility facilities for Island Walk, Phase 3-A. 4. Recommendation to approve final acceptance of water and sewer utility facilities for Island Walk, Phase 3-B. 5. Recommendation to approve final acceptance of water and sewer utility facilities for Island Walk, Phase 3-C. 6. Recommendation to approve final acceptance of water and sewer utility facilities for Island Walk, Phase 6A. 7. Recommendation to approve final acceptance of water and sewer utility facilities for Island Walk, Phase 6B. 8. Recommendation to approve final acceptance of water and sewer utility facilities for Vista Pointe at the Vineyards. 9. Recommendation to approve final acceptance of water and sewer utility facilities for The Dunes Phase 2B. 10. Recommendation to approve for recording the final plat of "Naples Walk Unit Two". 11. Recommendation to approve an Agreement for Sale and Purchase with James A. Price for 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $12,900. 12. Recommendation to approve an Agreement for Sale and Purchase with the Joe S. and Polly Cannon for 1.59 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $17,600. 13. Recommendation to approve final acceptance of water utility facilities for Medlterra, Parcel 104. 14. Recommendation to approve for recording the final plat of "Madison Park, Phase One", and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 15. Recommendation to accept the final report and consider the findings of the Immokalee Housing Condition Inventory and close the Immokalee Housing Initiative. 16. Petition CARNY-2004-AR-6512, Peg Ruby, Special Events Coordinator, Collier County Parks and Recreation, requesting a permit to conduct the annual October Fest Carnival on October 22, 23 and 24, 2004, at the Golden Gate Community Center located at 4701 Golden Gate Parkway. 17. Petition CARNY-2004-AR-6513, Peg Ruby, Special Events Coordinator, Collier County Parks and Recreation, requesting a permit to conduct the annual Fall Fest Carnival on October 28, 29, 30 and 31, 2004, at the Eagle Lakes Community Park located at 11565 Tamiami Trail East. Page 4 of 8 18. CARNY-2004-AR-6514, Peg Ruby, Special Events Coordinator, Collier County Parks and Recreation, requesting a permit to conduct the annual Country Jamboree Carnival on March 11, 12 and 13, 2005, In the Vineyards Community Park at 6231 Arbor Boulevard. 19. CARNY-2004-AR-6515, Peg Ruby, Special Events Coordinator, Collier County Parks and Recreation, requesting a permit to conduct the annual Snowfest Carnival on December 4 and 5, 2004, at the Golden Gate Community Park located at 3300 Santa Barbara Boulevard. 20. Recommendation to approve final acceptance of water and sewer utility facilities for Indigo Lakes, Unit 5. 21. Recommendation to grant final approval of the roadway (private) and drainage Improvements for the final plat of "Ibis Cove Phase 2A". The roadway and drainage improvements will be privately maintained. 22. Recommendation to approve final acceptance of water and sewer utility facilities for Villa Vistana. 23. Recommendation to approve final acceptance of water and sewer utility facilities for Villa Fiorenza at the Vineyards. 24. Recommendation to terminate Contract # 02-3317 with Henderson, Young and Company relative to the Fire Protection Impact Fee Update Study, waiver of the formal competition process and solicitation of proposals to select a new consultant to update the Fire Protection Impact Fee (estimated amount not to exceed $50,000). B. TRANSPORTATION SERVICES 1. Recommendation to approve change order No.1 to Contract # 03-3483 - "Equipment Noise Barrier Wall" with NR Contractors, Inc., for an additional 100 feet of Equipment Noise Barrier Wall at Davis Blvd. Road Maintenance facility In the amount of $129,160.00. 2. Recommendation to Approve deleting items with overhead and office services, section B.2.3., Items (b) and (d), of Schedule B of the Standard Professional Services Agreement, for Contracts Issued under 04-3583 "Construction, Engineering and Inspection (CEI) Services for County Road Projects". Vanderbilt Beach Road Project No. 63051. 3. Recommendation to approve awarding Bid #04-3707 "Lely Golf Estates MSTU Irrigation and Landscape" to Commercial Land Maintenance, Inc. for $113,311.80 (which includes 5% contingency). 4. Recommendation to approve a three (3) month extension to Bid #99-2955 "Immokalee Road Ground Maintenance Service" to Commercial Land Maintenance, Inc. in the estimated amount of $30,000.00. 5. Recommendation to approve a declaration setting aside county-owned lands for Vanderbilt Beach Road and Logan Boulevard roadway, sidewalk, drainage and utility facilities. (Fiscal impact: $27.00) Project No. 63051. 6. Recommendation to award a construction contract in the amount of $44,069 to Subaqueous Services, Inc., to dredge the outfall at Naples Park in the Vanderbilt Lagoon, Project Number 51004, Bid No. 04-3704. 7. Recommendation to approve the use of transit enhancement funds (313) to purchase two new transit buses under Florida Public Transportation Assoclation/Harline contract 2003-07-01, trolley decal wraps and necessary equipment (In the estimated amount of $573,000). Page 5 of 8 C. PUBLIC UTILITIES 1. Recommendation to adopt a Resolution approving Special Assessment Hardship Deferrals for certain Sewer Special Assessments for the 2004 tax year. The fiscal impact Is $18.50 to record the Resolution. 2. Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1992 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact Is $40.00 to record the Satisfactions of lien. 3. Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said lien Is satisfied In full for the 1993 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. 4. Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1994 Solid Waste Collection and Disposal Services Special Assessments. Fiscal Impact Is $30.00 to record the Satisfactions of Lien. 5. Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1995 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $40.00 to record the Satisfactions of Lien. 6. Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied In full for the 1996 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $48.50 to record the Satisfactions of Lien. 7. Recommendation to approve the Satisfaction for a certain Water and/or Sewer Impact Fee Payment Agreement. Fiscal Impact Is $10.00 to record the Satisfaction of Lien. 8. Recommendation to approve the Satisfactions of Notice of Claim of Lien for Sanitary Sewer System Impact Fee. Fiscal Impact Is $28.50 to record the Satisfactions of Lien. 9. Recommendation to award Construction Contract for Bid #04-3719 to Santis Engineering, Inc., for installation services related to the Water Distribution Radio Telemetry System Implementation In the amount of $326,968.00, Project 70124. 10. Recommendation to approve the raw water transmission project to interconnect the Tamiami and Hawthorn Wellfields in the amount of $1,500,000 and to approve and authorize the initial phase, which is a work order under the Annual Contract for Underground Utilities Contracting Services, RFP 02-3345, based on an estimated construction cost not to exceed $690,000, Project 710061. D. PUBLIC SERVICES E. ADMINISTRATIVE SERVICES 1. That the Board of County Commissioners award bid Bid S04-3708 for Sale of Surplus 32 foot regal boat to Bryan C. Durkin. 2. That the Board of County Commissioners award Bid No. 04-3701 for Electrical Parts and Supplies to Graybar Electrical, Inc. as primary vendor, Rexel Consolidated, as secondary vendor, and Hughes Supply, Inc. as tertiary vendor. Page 6 of 8 F. COUNTY MANAGER 1. Recommendation to Approve Tourism Agreements between Collier County and Best Shot, Inc. for Stock Footage Usage. 2. Recommendation for Approval and Ratification of the Extension of Contract No. 03- 3537 for an Additional Year Between Paradise Advertising & Marketing, Inc. and Collier County for Marketing and Advertising Collier County as a Tourism Destination. 3. Approval of Budget Amendments. 4. Recommendation to authorize staff to prepare and submit applications to register service marks with the United States Patent & Trademark OffIce and the State of Florida Division of Corporations to preserve the County's advertising, logos, phrases and slogans. 5. Approve the Transfer of Two (2) Existing Full-Time Positions from the Emergency Medical Services Department to the Bureau of Emergency Services and Approve the Necessary Budget Amendment. G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY H. BOARD OF COUNTY COMMISSIONERS 1. Commissioner Fiala's request for Board approval for reimbursement for funds pre- paid to attend a function serving a valid public purpose. The Commissioner will be attending the Regional Planning Council's "Addressing the Regional Agenda" Conference on October 29, 2004 at the Harborside Event Center in Fort Myers; $35.00 to be paid from Commissioner Fiala's travel budget. 2. For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend the Greater Naples Chamber of Commerce Wake Up Naples Breakfast on September 22, 2004. $20.00 to be paid out of Commissioner Henning's travel budget. 3. Commissioner Halas' request for Board approval for reimbursement for attending a function serving a valid public purpose. Attend the ground breaking ceremony for the North Naples Research & Technology Park on September 30, 2004. $8.50 to be paid from Commissioner Halas' travel budget. I. MISCELLANEOUS CORRESPONDENCE 1. Miscellaneous Items to File For Record With Action As Directed. J. OTHER CONSTITUTIONAL OFFICERS 1. That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the Detailed Report of Open Purchase Orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. A copy of the Detailed Report Is on display in the County Manager's Office, Collier County Government Center, W. Harmon Turner Building, 3301 East Tamiaml Trail, Naples, FL. K. COUNTY ATTORNEY 1. Recommendation to approve the Settlement at Mediation in the lawsuit styled Lee W. Tuttle, v. Collier County, Case No. 02-4085-CA. Total settlement of $28,000. 2. Recommendation to approve a Stipulated Final Judgment as to Parcels 122 and 722 in the lawsuit styled Collier County v. Robert G. Schubring, et aI., Case No. 02-1949- CA (Goodlette Road Project 60134). 3. Recommendation that the Board of County Commissioners Approve the Stipulated Order of Taking and the Stipulated Final Judgment Relative to the Acquisition of Parcel No. 1361n the Lawsuit Styled Collier County v. First National Bank of Naples, et al., Immokalee Road, Project #66042. Page 7 of 8 4. Recommend that the Board of County Commissioners Approve an Agreed Order and Authorize Payment of Expert Fees and Costs for Parcel 1,10 In the Lawsuit Styled Collier County v. Northslde Construction Company, et. al., Case No. 00-0136- CA (Pine Ridge Road Project#60111). 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 QUASIJUDICAL 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. SE-04-AR-5971, an Ordinance amending Ordinance 04-22, the Balmoral PUD to correct a scrivener's error In Section 1.2- Legal Description of the Ordinance to the Balmoral PUD for property that is located on the east side of Livingston Road (C.R. 881) and the west side of Whippoorwill Lane, in Section 8, Township 49 South, Range 26 East, Collier County, Florida. B. RZ-2004-AR-5876, Commerce Center At Naples LLC represented by Robert J. Mulhere of RWA, Incorporated, requesting a rezone from the Heavy Commercial (C-5) And Industrial (I) zoning districts to the Heavy Commercial (C-5) zoning district. The subject property is located at 3400 Radio Road, in Section 1, Township 50 South, Range 25 East, Collier County, Florida and consists of 5.36 acres. C. This item requires that all participants be sworn in and exparte disclosure be provided by Commission members. Recommendation to approve Petition AVPLAT2004-AR6172 to disclaim, renounce and vacate the County's and the Public's interest in the 20 foot wide drainage easement located along the rear of tracts 30 through 32, according to the plat of "Tollgate Commercial Center Phase Three" as recorded In Plat Book 22. Pages 95 through 100, Public Records of Collier County, Florida, located in Section 35, Township 49 South, Range 26 East and in Section 2, Township 50 South, Range 26 East. D. Recommendation to adopt a resolution approving amendments to the Fiscal Year 2003-04 Adopted Budget. E. Petition PE-2004-AR-6093, Dougall McCorkle. of the Lutgert Companies, represented by Wayne Arnold. AICP, of Q. Grady Minor and Associates, requesting a Parking Exemption to allow off-slte parking on two lots zoned Residential Multi-Family (RMF- 6) to serve proposed general and medical office uses, on a parcel zoned General Commercial (C-4). which is contiguous to the subject properties. Access to the parking lot will be from the commercial parcel or the existing 20-foot wide public alley. The subject property is located at 4817-4819 West Alhambra Circle and 1013- 1015 North Alhambra Circle in Section 15, Township 49 South, Range 25 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 8 of 8 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING October 12. 2004 Continue Item 8A to November 16. 2004 BCC meetina: PUDZ-03-AR-3561, Hiwasse, Inc., represented by Robert Duane of Hole Montes, Inc., requesting a rezone from Rural Agricultural (A) to Planned Unit Development (PUD) to be known as the Hiwasse PUD to allow for a professional office, or indoor self storage, or a combination thereof for property located on the west side of Livingston Road, and approximately one-quarter mile south of Pine Ridge Road (CR=896) in Section 13, Township 49S, Range 25E. (Petitioner request.) Item 8B: Additional lanauaae provided: ... (2) no guardhouses, fences, gates or any other like security measure will be erected upon any public road within the District: To include Lely Resort Blvd., Triangle Blvd., Grande Lely Drive, Lely Cultural Parkway and any future roadway(s) which may be dedicated to Collier County. (Staff request.) Item 14A: This Item to be heard at 11 :30 a.m. Backup information (Employment Aareement) was omitted from the printed aaenda packet and a corrected Aareement has been provided. The Collier County Airport Authority, a dependent Authority of Collier County, and Theresa M. Cook (the "Executive Director") enter into this Agreement effective on the 15th day of December, 2004. (Staff request.) Page 1, Section 4, last sentence of the Employment Agreement should read: "The salary increases shall become effective on October 1 of each year (the starting date of the County's Fiscal Year), and shall be increased by applying the then current CPI-U increase to the Employee's then current base salary, or larger salary increase approved by a majority vote of the Airport Authority and funded by the Board of County Commissioners in the Authority's budget, whichever salary increase dollar amount is greater for the respective fiscal year." Page 2, Section 5.A. of the Employment Agreement should read: "The Executive Director shall be entitled to receive the same vacation, sick leave benefits, health insurance, and life insurance, as are then accorded generally to Collier County employees in her pay range, including the provision governing accrual and payment of vacation upon termination of employment, except that three week vacation shall begin in the first year." Page 3, Section 6.D. of the Employment Agreement should read: "In the event of termination or resignation, Authority shall pay the Executive Director all money due the Executive Director not later than thirty (30) calendar days after the effective date of the termination of employment, including accrued vacation benefits." Move Item 16A24 to 10C: Recommendation to terminate Contract #02-3317 with Henderson, Young and Company relative to the Fire Protection Impact Fee Update Study, waiver of the formal competition process and solicitation of proposals to select a new consultant to update the Fire Protection Impact Fee (estimated amount not to exceed $50,000). (Commissioner Fiala request.) ._..-.. --.---."<- '·_·_·~_····__"·w....~. Withdraw Item 16B2: Recommendation to approve deleting items with overhead and office services, section B.2.3., items (b) and (d), of Schedule B of the Standard Professional Services Agreement, for contracts issued under 04-3583 "Construction, Engineering and Inspection (CEI) Services for County Road Projects". Vanderbilt Beach Road Project No. 63051. (Staff Request.) Item 16C10 continued to the October 26, 2004 BCC meetina: Recommendation to approve the raw water transmission project to interconnect the Tamiami and Hawthorn Wellfields in the amount of $1,500,000 and to approve and authorize the initial phase, which is a work order under the annual contract for Underground Utilities Contracting Services, RFP 02-3345, based on an estimated construction cost not to exceed $690,000, Project 710061. (Staff request.) Item 17B: The ex parte disclosure statement was omitted from this item and should read: This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. RZ-2004-AR-5876, Commerce Center At Naples LLC represented by Robert J. Mulhere of FWA, Incorporated, requesting a rezone from the Heavy Commercial (C-5) and Industrial (I) zoning districts to the Heavy Commercial (C-5) zoning district. The subject property is located at 3400 Radio Road in Section 1, Township 50 South, Range 25 East, Collier County, Florida and consists of 5.36 acres. (Staff request.) --..--.--- . """' -_ _ _~·_~n_·_.·,~._~.,,_.,.. _.__...,~.__.___..". ..__~._._"__.__" Agenda Uém No. 6A October 12, 2004 Page 1 of 2 ~ .i, COUlER COUNTY MANAGER'S oFFlœ 3301 East Tamìami Trail _ Naples, FL 34112e 239-774-8383e Fax 239-7744010 September 23, 2004 Mr. Nestor J. Lobo 2679 Thomasson Drive, Apt #332 Naples, FL 34112 Re: Public Petition Request to Discuss The Possibtlity of Building a Public Swimming Pool in East Naples Dear Mr. LObo: Please be advised that you are scheduled to appear before the CoUier County Board of Commissioners at the meeting of October 12, 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 äction by the Board at a future meeting. The meeting will begin at9:00a.m. in the Board's Chambers on the Third Floor ofthe W. Harmon Turner Building (BUilding "F") of the government complex. Please ªrrangeto be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistartce. please do not hesitate to contact this office. Sincerely, /~ .~.~~ ~M';d;r > COunty Manager JVM/jb cc: David Weigel, County Attorney Marla Ramsey, Interim Public Services Administrator c ø .~. 'f C ø ~ H .. f,. y ,g}'i" ',. ,__, ~ÙU1:;':D:. ;,:i.Ù;ib\f¡i,#Yi "~:""_:Ú; >h1:t::c:·f};,·",-' ., Reauest to Speak under Public Petition Agenda Item No. 6A October 12,2004 Page 2 of2 Please print Name: N-es tð r J. Lobo Address: 267q ThQf'VJ.a.~5ØY1 D('- Apt.#;332 NC\ple.S1F{.31f)2.. Phone: --12. ) c¡ ) -1 , 7 - S -1 9 :3 'ð It z.. /'-001 , Date of the Board MeetinD YOU wish to soeak: Please explain in datai/the reason YOU are.reauestinD tosDeak(attåch additional paDe if necessarv): . . I ,Nes +" or J. L<:3 b Q wa Ù { d ( ì ke l'Q ("" f?o, -(" k ~ kCY-~G\+'¡Oh!$ R.escf'c.es +0 o...b\d ø-.. 5~-\VV"\'t\ìj ÇQßl Y\-<2.€r- tke tc\s+ S\óe. cf' -\-hE?. N,\~ ~wV\~ I ~ LV \ ¡ L ).~. torFt"<&\f\ce I^'\y S~ l f f "L \ <>..60 C ~sa - 1\.,,(;" Wet; I dbe 3 ¡:d€r £ð~ r-e~eç+,.eQy\ç c..V"\ 6~c\u~'\, S t-(O\+e \::>o<1\rd :2. 0 '" Ç"o 0 -\- r t'--..\ €. -e r -\-~ (:>. S -\- ;€ € ~ S" c -t T l.--.. c t"V\ "'- S So V\ lÞ-.. II-\. d-B CA... Y s ~ t -e Please explain in detail the actionvou are askina the Commission totake (attach additionalpaoe if necessary): Th,¡¿ pu ~ {; c. n-e-e v- +he 'T O~ Cls c-f çi:.h Á,,~. ø-V\ d 3 rl a-r-e. 0,. ç..ec-t; (H,eì~ h. +- Sc.o $;~ +- Ý . The 3~ Vï 7) r~'q +'1 Oh c: '1\ ~ +h~ _po-.-c-o..f'i r--e\yo.. D,.c.e, G\. r-€G\.\V SCHph\s+, <20...\ eð H·~'5'iÇ"d 0 S Sc c..- \ ..e.-\- '/ ~ A \ oS; " S ±-h 0..'-'" J :3:r:.ð ¡;ç+ \~e + Wj~ (.)", lov\C~ ~o.,y F<"cVV'\'~ ~ ('¡€' \-,",,47' ~ys\-.o r-e ft: Tho "N\ "'- S S <1<'\ \) '" . ~ ð c-e sse H:\Pubtic Petition Request Form.doc (,,;:,{,::: <::.¡ 'k;.' >; ·:·::';;"\:,a~: O' ;'>'>; "'-~'_""-':':;""'··/-',.;·,'F:· ,",;._ jl:;:<V~-;',,;;;{\:_¡',~;!i¢i¡::.*WSçJÜ0:ÜLi.);JbÜ,i.<é_jnH:::;,}+w4}à;-;{~At¿iÆ~0{i Agenda Item No. 68 October 12, 2004 Page 1 of 59 ~ COlLIER COUNfY MANAGER'S omæ 3301 East Tamiamì Trail _ Naples, FL 34112 - 239-774-8383 - Fax 239-774-4010 September 29, 2004 Ms. Kelli Justice 395 Burnt Pine Drive Naples, FL 34119 Re: Public Petition Request to Discuss Proposed Third Entrance to Pebblebrooke Community Dear Ms. Justice: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of October 12, 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 OF") 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. ~cerely, r4 /¿::? ~~---r County Manager JVM/jb cc: David Weigel, County Attorney Joe Schmitt, Administrator C.D.&E.S. c a !~ . I' C - ø Ii " t , 09/21/2004 16:41 FAX 9411148192 COLLIER TRANSP ~002 Agenda Item No. 68 October 12, 2004 Page 2 of 59 ReQuest to Speak under Public Petition Please print Name: [~, lIus+\ce Address: 3C¡~. ßurnt -rrne ~p\es f".k2nck 3~\ \<} Phone: 239- 35Lf -O\Oq (tell Z3CI'\t370-24S2,) Date of the Board MeetinQ YOU wish to speak: Or. +0 ber 12..~ 2tXJ tf- I Please explain in detail the reason YOU are reauestìna to speak (attach additional paoe if necessary): We òre aSk;n3'-=io h~ve -the {)~lln ìt* t ( 2Iði n Qur- t 5SU e<; ê\nrl rt'ð~n, ,iD ao;; I~ .:~ lountµœrcLof rð~mIS~j(,]nPrs m ~. ~~, ~mffrt.af ~ -thu:.d en-trr.n(,p;r\n~ ~~::~1e;;~()¡:-~.~t\7iy (~F'e a tLac.hPd If +~r) Please explain in detail the action YOU are askino the Commission to take (attach additional oaae If necessary): ìo\1eCS' · n J- ~ -!:bat We. ilre aSking :fòr. f 7ã. ~lIa0 itA" dt'V'"f'~r (~ee aUached leiiec) 1b ð(JJ?-II/)/J¡ø 'tl1e L) 1J17~cI bt/,l#r 11t'17lt'/71- µí;1/( t-ð Îf',IJ/aeEJ ~.'/¡f ,'rr"ldN eKII- Ir0fJ.(}.f~' ~r·f0 stJtlr¡h é'1}óI of ðtJr/lt jJ//)e IJ¡/Ý(J.¥ C:\Ooeum."tI and Selllngslöun_c\Loc.a1 SeIlIl1gl5\Ternporary Inteme. Fhes\OL. (T7\PubllC Petition Request Form,doc . Agenda Item No. 68 October 12, 2004 Page 3 of 59 r- September 28, 2004 On behalf of over 200 members of Pebblebrooke Community who have signed a petition, and on behalf of the vast majority who will sign, we ask the County Board of Commissioners to review our case and consider our passionate request. To stop the PUD road into our community that forces us to be more connected with the retail shops, soon to be developed south of the Publix located on the corner of 951 and lmmokalee Road. (Plat Book 30, Page 4, Tract 6) r- ( (SOME HISTORY) Until February 2002 this property was designated as "residential", phase three of Pebble brook, a single home family community. This was what was told to over 75% of Pebblebrooke homebuyers, thus being more of an incentive to purchase in this community. In February 2002, designation of tract 6 was changed from "residential" to "commercial tract" as it exchanged from Kenco Development to DAD Development. Homeowners of Pebblebrooke Community were very upset but quickly became compliant as the threat from Kenco was made to turn this spoke of property into lower income type apartment homes. The homeowners were told that part of this change (residential to commercial) was that the property was to be developed as primarily office and medical. It is now known that many retail stores are coming, which includes a sports bar, which will keep hours of operation unti/2 a.m. As a community we do not expect to have control or say over which businesses wif/ occupy the space or what hours they will maintain. We simply ask you to allow our community to stay as we know it, and to not be connected to this retail property with a road and entrance. We would like the developers to continue as planned with a buffer area and cement wall, and to do away with the plans of building a road and adding a gated exit. It is our desire to remain a two-gated community and to end the plans for a third gate and road connecting us to the retail area. This desire has been proposed to DAD Developers and John Deangelis has been supportive of this change, doing away with the road is a preference to them also. ,-..,. We are asking you to consider that at least six gated communities built within the last five years in the area of North East Naples are all one-gate communities. They are larger communities than the 350 residential community of Pebblebrooke, which has two entrances. We passionately desire to remain a two-gated community and not to have a third gate. The majority of our community will contlnue to use our Immokalee exit regardless of the PUD connection. Our lmmokalee entrance is approximately 100 yards from the Publix entrance. By a right turn we can exit our community and enter Publix. Again with a right turn we can exit Publix on to 951 and a right turn into our 951 Pebblebrooke entrance. The new third exit would only be attractive to approximately 70 homeowners on the east side of our community. It is these same homeowners who feel the strongest to not have this third exit. We are all content with our circle of right turns that allow us to exit the Immokalee gate, visit the shops, and reenter our community at the 951 entrance all without crossing a road. Our strongest concerns in regards to this new 3rd exit are that because we are immediately adjacent to the retail area that our community is exposed to the public that will "hang outW late hours. We have already had issues with vandalisms and robberies. We do not wish to encourage more. We are asking that you allow us to keep the privacy that we all bought in to. We are also concerned about the increased traffic in a section of our community where children play. We also wish to shield our children from being so connected to the bar. We feel this can be achieved by closing the proposed gate with the solid buffer wall. We are asking the Commissioner to hear our plea, and to recognize our right turn easy access that our two entrances provide. We would like the proposed road that will affect our privacy and security, as we know it, in Pebblebrooke Community to be overturned. Let it be noted that many plans and minutes associated with this project are not on file and cannot be found. It has been questioned by county employees as to whether or not the plans have appropriate or final approval_ --.----- \~i ~~~~~Ðt~~e~:i~~~:e~~~;~'~~~t1;~W~:~~:~~~~ ", \ and more a1tract\ve to -trðÇf\t a~ homes, parked Cårs and chìldren p\ð~fY19 dö not \Y11erup1 -the -trðÇt(è {'tow- .' ~.- - .. ..- ..------j-~--.-.-..--. . l··-~~:p ....- ..1·---..~, \ nììo(.o"'''&-~~ ' t.ClA1) '. OO\lë>rÒf:, R httt.t~ N þ ft'.. ª It.- .~ t't:\;" ~. '- : J''' ,'l. -ò"~I"Tr~~~crf'~cpl~IÔClI .r-""I~;:¡~I;D ( loq 0 ,oo~~ ~ . ~ ~ 0 ~ ~ ,íl' \\"2. 'v~.!.Q.O"I Wi '!¡I ij;~~ ... ~ ~.:" j'.. ,,'" 0 ~ ~ ,., .A ~ .. ,.,. 0 . . ~ ..~ ,.. '" tf\ ;to:-"x \II ~ . ~.\ .! ~ ~I~~:.f~¿~· ~ . 1'!oJ. \ 1>Uc....~ .~I~· :¡~ i~S;II;¡(.",ð ~:ì :;¡ .'.':1.\ ,:2.0 '.'.:.i:d~. ...~.~t~. íi ~~... ....",. £ .. ~. ,"L~ 1'J,."l.-"'I$'· ~;t¡;.' P -, .:',- .' ".' "Yl~ 1~L.T ¡ . :. . . "-,,~ }~/ :"~~':. . ~o \~:;"""""". ':';;.' J'tþ ~rr' :, íf ,.' ........ .1" '_~l ~o :.~~ ~ . 'p:'. .~ rr ,3"S' iii Il~ lr:t. iZ'J ~. tf.·, ,. oJ ¡a ,3~ ,~<6 ~~~'?!:" . .' :L; .' ~' ~ ~... '., . ~- '" Iii../".. ~1~~ 0 ''-/~..¡;,¡,;.~' .~, / ~; hn' ~1~}¡~~1~>.. (. ./, tï?ïi I~I~.:;'¡!.'I~~'~ " ...:.::- '~-:,' ...._,.,~~I~~.'~ . .., . one UII\\I .w(.\; ~1; œ"'~I~ '" ,::'. I "'''''''1 ~.... ,.¡ ~ 1> uo CDnflecHotJ_ I \'-3 1"-'2.. ,5, . æ t '.. .., i J.~ \"10 ~Sj" éP. ~ II&') I ~< t".... . ..- -II :'.!¡ \ \1/ ~ . '(,,If ' .. ~ ).I b: \}f 3S"\ 34\r :¡qC\ ~ [J\ir~' \~'6 -' '. '\.> \ts l~· . r1t! ~Lt 1Q" . I ~ 'íß¡" 173 ',"'1. 217. -;,,, . Jo~~~. GO tr' "iiio ~fíl 3"0 . !.cH '. ~ l~..; l~hat11 \.,~ i'~, - 30'S' t '~J!~i~:J1 '~~IIi' .- \0.\ 'ð,,'" ~'1.'1 ~o< . --~ I""" J;~ . ~. ~ . i1.Y' \'ß\ ·,~o ' . " . . ~ "., 'j.',':t:f" . --- ~ \1. q"~ \<oS I $~ ;l'2.'S'\")''':1 ~ 12 .: ~.! 4- . ~ I ,. ~; I :nC\ i :l2..~ 31~ '~. ¡;: ~:- ~'i<C 3"''' ?~'2.' 3'13. ~ i"" I ~i 1"ð41 ~ :1:~?Þ I ß2. ~q 2"" );0 ~IÎ I I ..... ~I 3(.'S"~1ß I )~C\ ~ I Io~ J,q3 I \92 ~1 I :r..(o ... :¡;.: .r· . -aZ\ &i ...- ~ 134·L . '¡ abl 31t*' II :n~ ~ 201 ;210 \~1 \I:t~~' .2:"0 "13 ~11t. .,,' 3.".I..~ 'z.'+- It" ~ 3'51 3;0 3(1' 211.. 21<1- 2Q1 ~~oo . ..,: ;t....,"T 2.11 I ;tiS', B=>-'''' I ~ 2ic¡ 2.0 (,-oLt 2q.~,;u.¡Jf C:',.: ~'A' I 2'2. 3~ ~,a; J~2.. 3~b' 3'-ì' c ~ \~'2.~OC¡ ;1.0S'.tJ~ ¡,.", ~fl~T~,: ri' ~ 1!-~ 't, ... ~ Of ::.e 3&1-'" ~..I~ ~ ~' ;I 2'2.~ I 111,; I~ "> '" .'" 1'1 ~ ,¡;;,,¡ )4L.\o 34~-"""'" ~ '_'Ii "y ")0"".. ~. .¡.~ ~ ~ .~ I~ ~ {~. I Pebblebrooke Lakes Master Communit., Site Plan ..... ,- - --- - . h'r,e fI'1å\Orft1 o~ Our communìbs wl\1 tlhe £ast- Side ðÇ Our ccnt\nu'é -\0 U<Se" the Ifr\r¡)ck~\~e ðl.\-t C.cMn1Ùn(~ cMes not pre.(èr W\S~\ie oÇ'the nt'kl 'PUD-on-e'Ñ()' e({-tðn\ý. ·,the '?UO evJ-b 1\t>¿ is ad~aot a~t n-h H· r .-. .-." ----l ! _III -- .... , i ! , ~ ~~~_.._---. -* ~ebb~e brookle \~ a\ read V d -tWð ~aJe comrt1L1nìt~. We do not wan+ a -thÚ""d e'(ft We afe -tðc close -tß -the retòf l ðcHv ¡t~· For more information, œnluct LanyFoster Monoging 810br 239.659.1447 Ext. 16 lorry.foster@cbre.com Frank 1 Kupiec Assodote 239.659.1447 Ext. 14 fronk.bpioc@cbre.com CB Richard Ellis, Ft. Myers-Naples,· Fl 11 00 Fifth Ave South Suite 100 Naples, Fl 34102 main: 239.659.1447 fox: 239.659.4028 www.cbre.com CBRE '~, 'I- " -, 1 . l' ... 1"h~e Ne\~hbor{n~ c.ommun{tfe$ are aU ~rn~t' ~~ct"Qnd \ôrg« \'n nUO'1Þer#iðtJ -reblJle brooke Comm. ¡¡ ! c æo3C1!öood EII~ II<. n.__ ............ okiood~............., 0I1IIIo.1IhIo..... "its""""". . low... .... r....... _ _,,___ it. ¡,,,,,,....,...;Ii'" 10"""''' -.. " """'"" nil...."....,.,."................ """"",",",Of _...... for _"'..,""'..... _" CI....".... porr..-lillt".,...,. 1Iw.... ....._ "", ...... ............--....WIo_Oodlor\."..._.oilogal-. "'.......---"." ,~ÌIdI III4oII-......IIo-,,..........IO..._...~.... _for,..-.a!öood!ll5ba1e-s....,.1nc Agenda Item No. 68 October 12, 2004 P~~~59 ~ Pebblebrooke Plaza POTENTIAL TENANT ROSTER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Outlot 1 0UIIat 2 Outlot 3 R88launlIi· Full ServIce Reataurw1t - Full SeMce ReltaUl'lli - Breekfllst/L.unCh Sub Shop - NIItionaI Ice Creem Shop . Franchise Donut Shop . N8IIonaI SIIIon - FuR ServIce Nell Salon Insurance company Real ERIte Company Dentist V8terinarlan Hedt1 Club - NatIonal VIdeo Store - NaIíonII Dry CIeIInenI Pool ServIc:e - Regional Barber ~k Bank Bank ._~-..---"""'-~'.^..-. --~ we f lEGAL 2 4itax:239-390-3624 Sep 16 2~ 14:26 AgbQ¡~ Item No. 68 PitooTr ~ 2004 Þ'þagë go of 59 Dianna Lutz From: Dianna Lutz Sent: Wednesday. September 15, 200412:59 PM To: 'bpebble@swna.rr.com' Cc: 19omez@rp-prop.com' Subject: Tract 6, Pebblebrooke Lakes, Plat Book 30, Page 4, Public Records, Collier County (the "Tract 6") Pursuant to our telephone conversation, attached are the following documents retating to Tract 6 ror your records; 1. Warranty Deed from Kenco Development, Inc, ("Grantor") to DAD Development Corporation ("Grantee") conveying title to Tract 6 subjecting such conveyance to the Restrictive Covenant for Buffer Area; and 2. Restrictive Covenant for Buffer Area WIth respect to Tract 6 (the -Restrictive Covenanr). Sections 1 and 4 of the Restrictive Covenant provides the following "1. The southerly thirty feet (30") of Tract 6 shall be used asa buffer area, with a six foot solid wall. three foot berm and ~ndscaping, and ror no other purpose. The owner of Tract 6 (i.e.. Dad Development Corporation) shall be required 10 install buffering, landscaping and the wall at its expense......" -4. This Restrictive Covenant may be enforced by Kenco Development, Inc. or thePebblebrooke Lakes Master Association, Inc. or any lot owner within Pebblebrooke Lakes.,..." Section 1 of the Restrictive Covenant also makes reference to a ·concept drawing and specifications" (Exhibit "A") that was omitted and was not recorded as part of the Restrictive Covenant. As one of the residents of Pebblebrooke lakes Community, I hereby request and encourage the Board of Directors of the Pebblebro()ke lakes Masler Association, Inc. (the "Association") to investigate and verify that Dad Development Corporation, as the owner of Tract 6, will satisfy the requirements set forth in the Restrictive Covenant. Furthermore, the Assoclatiol1 should obtain a copy of the concept drawing and specifications for the proposed Buffer Alea ("Site Plan") and, at its next Board Meeting, should make such Site Plan available to the members of the AssociatIon. An interesting point, part of the Restrictive Covenant is an Amendment to Amended and Restated Pebblebrooke Lakes Master Declaration of Covenants and Restlictions. which sets forth the following: 1. The designation of Tract 6 was changed trom"residenbal tract" to "commercial Iract". Also note. that Tract 6 is part of the Pebblebrooke lakes Subdivision Plat, recorded in Plat Book 30, Page 4, and,as such, developer intended to continue construction of single family home products oller Tract 6. When and how the zoning was changed? Another interesting point, there is ongoing construction activity on Tract 6 but I was unable 10 locate a Notice of Commencement in the Public Records of Collier County to that effect. . This is also to inform you th..t most or the residents at Pebblebrooke Lakes are against of the instaUation of metal gates in the wall within the thirty foot (30') buffeT area at the point of the interconnect roadway (i.e., Sweet Bay Lane) between Pebblebrooke Lakes residential area and Tract 6 commercial area due to (i) increased traffic on Sweet Bay Lane jeopardizing the safety or the children (i. a" the children's playground is located on Sweet Bay Lane) and (ii}instal1ation of a third gate is not essential since the community has two entrances/gates off of Collier Blvd.lC.R 951 and Immokalee Road/C.R. 846. Thank you for your atlention to this matter Best Regards, 9/16/04 ,. ," ]" 1 _ 'T . ~..I·. , ,. .......... ~......ø.aw" -' ¡:.. ....... :1&- . tta)(: 239-390-3624 Agg~a4ltem No. 68 October 12, 2004 . Page 9 of 59 ttt 2945158 OR: 2995 PG: 2212 fit UCllUllin amClALIlCØDS at toLLIU r.aan n. .J/.'1teIl It U:IUI milt .. IJDa. CIAO ' COIl n........ IIC UI .... 1IOC-,1I ImO.DD Ittl= IIIPJ.n'm.l nca " we I LEGAL 2 SeD 16 2_ 14: 27 c. .....cy ..ep1... lI:.q. Ga...1.....k, laatl.Z' " ...pl.., LLP 5551 a1d~d D...~ve, Sb~t. lQl N.pl.., PL 3.108 "'-'IØI\"_ iUU0010lS ClIØft:'1 'T1tI: ~.Z7JN' Warranty Deed Tllis IIId_tuft, Modclf¡i~ 28th dayol' i'ebrwaxy ,2002 .'.D., Between Saneo DeYel~t:, Iftc., a cOrpDz:at.:i.on ew:i.t:i.av DDCl8Ir t:he laws o~ the stat. of' rloz:ic:ta ... .... c_J.r Collier ,S_ or P1.0...:i.döt. ,I:ra.lor, .... 'DaD ~..e1.o..."t COl:pol:at.i.on,. a oOr:pGzatioll e.i.ülICJ 'Aft4ez: the laws of' tile St:.te o~ P.lorida ,.... ........ h: finS Willow Park Drift, Maple. I!'L 34101 or.... c.-r.r Co1l.1er S\AIc or no 3410. , ;n.lI:~, "'i'"mdlt ....... GAAN'lU1t, (.r..... in......... aflhr_.r __________"____________~ DOLLAaS ('10)----------------------- DOU~'G. ~""': ... .... .-s 0001 .._ __ .. OllAM'lOIt It ilooi.i IIIIcI 11)' GllANT1:t!. ... ft<'IÍI'I........ I, ....., ........1t1I :aI. loll _..,~ 1.J.)~ ~ M.p......~ 10loI .... sol. roKANI'Ei ... GKIINT1~E'S ........~.... ouIpt (....... 'he roll1lwiDc ..........--.. 1InoI. '~QII.. . 'rI1II_UcÍI'S.....tou".r COLLID s*.t Florida ",.,,, 'h:-=t:. 6,' l'BB1Ø.PJU)OD 1JUQ!:S, Aceoecling to the p1..at. tbe:r:e~.. && I:eeo&doed ~n pl.t. BaoIr. 3D I'~e. 4-1rl, i,..,l""i_, hÞlio aeao...cb o£ C:o:u.ier Cvan~, 1'1od.da. SUII.JBC':r 'lO zcming, building code aDd other: a.. z:wstrictiODS impa..cI by glJft:maental .uthority, outstandinw aU, 9a:l, and -.ine%al Intereet.e of z:eeø:r:d, if afl.Y, And nsbr:íctioa. ;aDd ",-lIte ~Ol:l to ~ :aubd1v:hi.on. ba.l ..ute u... aOCl1:'ÚDg' JIUb.eqqeat. t:a Dee. 31, 2001. (j) sUÍU2C'f' to t:he ....t:rict:i... covenant. ~OJ;; buffel:'iD9 _corded .iaáJ.t:.1m_usly wi.th 1;bia' WUZ'ant.y Deed. !rOGftDIl wi t:b .11 t:he bII'II_"t:.,. h_zedi. '=-">u _d appou:I:D_nc... thereto :beloDq;in9 or ÌIII -)"N1Y appert.aiJÙ.lll). '1'0 ....VE .aJm m BQUI t:he ._ :Lit. !'.. si.llple forev.x .... .... ",101 ... ....., Ilol11 _ ..., rille 10 ....~ w.L "'" ..... ole,.". .. _ IpÎIIII '-.. .1Øo1$ of .. ........ ,¡_.... hI! WilDeSs Whereof.... .......... ... Ita....... 1<1 .. ¡.,..a .... InI .... q. ... fa< r.. ...... "",hie.. S1c.~~.Ik~_tPmencr. By\,,¡¡o n.::m:.f1' 4 pri.ntedW...: . r' ~ndry~ VitJaiall. Vioe P"..idllnt .f;)J4) a~ ~.o.^""":IU'·IICAor- CI......IDIII.N.pl'..fUU" pr11lt.e1l 1Ia.e: . t 1 ìot "'~~. V ¡u.,,-£' Þ,¡t- Wlt:ne.. . (Scal) (Corporal" Seal) STATE OF I'lodda COUNTY OF CaJ.J.j,U: 1110 r_pt,."'_ _ _..~..r- ..'~i. 2.t:h .br '" l'ebruary ,2.002 Ke'DDet:h 'R _ Saundry, Jr., Vice l'dJlidelat of aencø Davelap8l8l\t, Ibe., a 1"1or.i.da Cozporati.on, DD b.~ o~ t:Jte cølpO~Uon ~) lIciaPÇlØ\llll1l1n..II_.....Iw........~~ )rida ~i_r' a 11=':"- ..~'Jj '. ~ ,.;~ ~(;IIIIIII_ct1''''' L¿/J,rr.4/l :..4 ¡J. ,/\,) ... ~.....__.._ Print:ed 11_: Mauzy Pella Mrc_.......'bpi-· ~ D'40-0U . ,. ,..... we I LEGAL 2 411fax:239-390-3624 Sep 16 2_ 14:27 P.05 Agenda Item No. 68 October 12. 2004 Page 10 of 59 " " , , ~~1.I,lJJ Tj): ........... ... .-, . ........w..- ........... M'- c-~\ 'Ij~ RESTRICTIVE COVENANT FOR BUFFER AREA p,c ·.31~ THIS RESTRICTIVE COVENANT {or Buffer Arc¡ is made this 2. 1~ay of ~"(T-' 2002 by Kenco Ot¥dopmcat.lnc.,. Florida COI'pOmIion ("Keaco''} . WHEREAS, Kcnco is Ihe own~ of Tract 6 of Pebblcbrookc lakes, accordinG 10 Ibe plDl. I hereof rcrorded in Pmt Book 30, Page 4, Pubfic; Records of Collier County. Florida (Tract 6); and WHEREAS Kenco wishes 10 encumber the SOUlherly thiay rc~t (30') of TrDCI 6 with" II Restrictive: Covenant requiñng bufTt!ring and olher improvements. . @ NOW. THEREFORE, Kenco hereby declares that Tmel 6 I,)f Pebblebmoke Lakes, ICcording io the plat thereof recorded in Plllt Book 30. Page 4. Public Records of COmei Coun1}".. ' Florida, shall œ subject to the rolkn".ing covcnQßts and rcsuidions Dnd shalt be held, sold and conveyed subject to the following covenDl1ts I1nd I'CSlñClions which sholl nJn with the r.:nl property and be binding on:aU panies having any right, title and interest in:and 10 TmC:16, or an}' pan thereof, their heirs, s~œssors and assigns. I. The: southerly thiny feel (30') ofTQC1 6 shiiJl be used as a buffer ::Irea, with II six foot solid wan, tl1rce foot bean and lAndscaping, and for no Olber purpose. The owner of Tract 6 shall be required 10' iOSl8I1 buffering, landscaping and the wall .111 ils e~-pensc. and in substDDtial compliance wiah tIæ concept dlã1wing and specifications auached hereto os E.'(hibit "A" \'Y1thin 180 days after the commcncemtl\t of the clea~ng of vegctation on Tract 6. 2. The owner or Tract 6 will install MCEaI G01eS in the wall within the llúny foOl (30') buffer ot the point of the interconnect roadway betwecn lhe Pebbtebrooke Lokes residcotial ~ and the Tmcl6 commercia] area at its expense.. The gales will be instatk-d on or berOn! the issuance of a CeniJicDtc of Occupancy by Collicr County for the proposed slwpping CenlCf. ). ~ Pcbblcbrookc Lakes Masler A$'!;ociation, Inc. is hereby granted n perpetUAlI, c.~clu.~ivc easement over any portion of the bulTer are~ lying south of the bulTer watland along the interconnect roadway to and including Ihe metal gales for fhe purpose of a~cl5S 10, and maintenance of, that portion ortbe buffer area lying southward of tI1c: bufTcr wall, together with , me wall and gales. 4. This Restrictive CovCßllli may be enforced by Kcnco Development., Inc. or the Pebblebrookc Lakes Master Association. fnc. or any 'ot owner within Pebblcbrookc: Lakes. In the event that noyaction is brought 10 enforce this Rcstrictive Covenant, the prevaiJing pany shall be el1titl~ to reasonablcottomey's fees and costs. ' ---- --- """'IT >IIIIIC-.D ::ï = '" .. - .... - ... -= ~s -- . - ... -- -- :Ë:-. ~ ....... 'D .. .,. .- I'Y :=- t..n :: iO ....-.. .. - ~ =::~ .. n "";= 0 :: c- ::a ëñCu !!'.i2~ !"" ~ 'II"D _ 0 'II"D ~ ..... iL.n nn !'" Ii! ~ n = (;';1 ...... -- -- - ... S 1'0..:» §~ ~ .a::.. - ro - - n ... - ... .... ..... .... - 'IIC I LEGAL 2 .ax: 239-.390- 3624 Se p 16 2_ 14: 27 P.06 Agenda Item No. 68 October 12, 2004 Page 11 of 59 ,OR: 2995 PG: 2205 IN WITNESS WHEREOF. this Rc.slriClivc Covenant has been exeCuted on ,he dale SCI forth above:. STATE OF FLORJDA COUNTY OF COLLIER The foregoing insirument was acknowledged before me ihis ~ day of ç¡ \,1.....1 "\ ' 2002, by Kenned. P. Saundry, Jr., as Vic::ePrcsidcnt or Kcnc::o DcvcloplU~l\l. Inc., a Florida corponuíon. on behalf of \be corporalion. He is personally known lO me or ~IOS p- œ~ir~Ó~ll/r- . NOT^J~llC ~ Name:: ,A..(f1 ~«f\.f Serial #: My Commission Expires; !Q e. PEUY PEBPLES , . ~y C:OW1SSIOJU Ct IOn" '\.'"!I!"I UPlRs: OJ/311ZttJ ,.TlCDUlr ~þ..... Smfca A..... r.. I'I;\cliaIU\Kcnt'O_ OI.ßllPtbllk1ln*t I~I\"I: c.'I.1IIIII for' DlIITcr Arr.a.doc -2- ," ~------- we I LEGAL 2 411fax:239-390-3624 SeD 16 2_ 14:27 AglricRlltem No. 68 October 12, 2004 Page 12 of 59 OR: 2995 PG; 2206 ·AMENDMENT TO AMENDED AND RESTATED PEBBLEBROOKE LAkKS MAS'rER O£CLARA TlON OF COVENANTS AND RESTRICTIONS nus AMENDM~r 10 Ihe Amended and Reslated Pebblebrooke takes Master DecllUõ1'ion of CO\'enanrs ilnd Restrictions is mode as of the doite ncrcinufter set fonh by Pebblebrooke Lakes limited P:artnership. ¡:a Florida. lirnired pannership. Kcnneth P. Saundry, Sr.. and Kenneth P. S¡umdry, Jr., (hereinafter referred to as "Saundry ~cl.nõmt"). WHEREAS, the Saundry Declarant is Ihe Owner of 0 ponion of !.he propc:ny located in Collier County, Floñdil, which is more pilnicularly described as Pcbblebrooke Lakes" according tq !h~ plol then:or recorded in Pint Book 30, PD~CS 4 through J 2, Public: Records Df Comer CounlY. Floñda: ond WHEREAS, the Amended und Resl:ued Pcbbtebroou Lakes MD$I~r DccJar.:nion of CoVenMIS and Restrictions has been recorded· in Official Records Book 2535, Page SOl, Public ReconIs of Col1ier County. F)orida r'DeeIDmtiun"); and WHEREAS, Seclion 10.3.2 of Ibe D~lara'ion s¡ales Ih.:II DS long ns Ibe Dec:Ianll1(, Pebblt!brooke Lakes Untiled Pætnership, Kc:nnclb P. S:lundry. Sr., or Kennerh P. Sauodry, Jr., (the ·'s..undry Decl:Jr.lnl") own an~ or more Lois or Tructs, Ilae SlIundry Dectilr.lnl mil}' change, modìf)\ or amend OJn)' provision of this Dee lara lion in ,,,hole or in plUt by executing a wriuen instrument lrnlking such changes ilnd oovil1g the same duly rcc:ordtd in the Public Records of Collier County, . Florida; and . WHEREAS, tbe Saundry DeclArant cum:nlly owns one or mute Lots or Tracts wilhin Pebblebrooke Lakes; ilnd WHEREAS, the Saundry Decl:1r.U'll wishes 10 amend the DccJanation for Ihe purpOse of Dcknowtedging dUll Tracl 6 oC Pebbl"brooke Lakes, o.cc:ording 10 the P&111Ihereof, sh~1I be developed ond used for a commercial purpose, and not for a residenlial·puipose. NOW, THEREFORE. the SDUOdry DeclDrant hð'eby amends Ihe DecWalion as follows: I. 1 . 1.5 "Commen::i¡¡] T racc" shall me:an and re:fer (0 Commerci:d T nlCt 6 and Commercial Tracl 10, DS showII on the pial of PEBBLEBROOKE LAKES, which has been included in lhe Project for !.be: sole purpose of conlribuling (0 ~he Conservo.lion Preserve and the surfac:e water SIOnnwaler man_gernenr sysrM111J1d their l11ainren&JllC'C and for no OtJ~r purpose. , I. J.I J "land Use Documents'" shall mean and refer 10 Ihis Amendoo ond ReSl3led PebblebrooJce Lakes Mnsrcr D~J:1I'õation ofCoven:m1S and Restriclions, Ihe Anicles oflncorpor.u.ion and the By-Laws or PebbJebrooke l:akC! Mnstc:r Associalion. Inc., ¡md the Rules and Regulations . Texl shown as slÁekeø IIU9HgR is deleled. texl shown as urtderJi~d is nddcd. --~---- WCI LEGAL 2 4IÞFax:239-390-3624 SeD 16 2_ 14:27 AglncPaBltem No. 68 October 12, 2004 . Page 13 of 59 OR: 2995 PG:2201 odopled from tim~ to time by Ihe ~l:1sler AssocilltÏon. 1l\~ lund Use' Documc:nls shnn also include the Al'1icles ortncurpur.aùun ¡lIuI By~LQ\vs ofPl:bblcbro¡)kc lakes Homco\vn~rs' t\ssnciulí"t\ No. I, Inc., 300 the. Declaralion uf Cn\'Cnants. Condilions and RestricliÞI1S for Pebblcbrooke Lakes, Phase 1, tiS the same moynow c:xis1 nr may hereaflcr be :tmC1tdcd, and the Rules nnd ReguJ:l.lioos aclop1cc1 from lime 10 ,in~ by Pebbl~bruoke·Li1k( s Homcowners' M.soc:iatÎon NQ. I, Inc. Th~ LmKl Use DocumcnL~ sh¡sll also include theJ\niclcs of incorpor.ation. By-Laws and Dccllriltions of Covennnts and Restrictions, ancl Dl'Clurdlions of Condominiu.n, wbic:h mllY be imposed upon or Crc:JI~ in connection with the dt."Vclopmcnl of Residential TroclS 4, 5,""'1nd 9, 011 i1S shown 011 l.he ')1111 of Pc:bblebrooke lakes. J. Ü.22 "RC'sidc~tia' Tracts" shall 011:;10 and refer tQ Pc:bblcbrook~ Lakes. PhoSe I, which contains the iniliul Lots 10 b~ plaUed, whicb lats are ickntifiC!das lols I Ihraugh 41, indusivc, and lots 127 througll f97, inclusive. and Re:sidcnd:d TraclS 4, 5.+Ond 9 all us shown on the Pial of Pc:bbtcbrookc l..ak¡:s.. R\.'Sidcn\ial Trut\5 4, 5,+antJ CJ arc b\:ing held ror rUlurc dc\'Clopml'l1', R.esid~n\Ì¡).l True! 4 is inlcnded 10 be developed in cunjI.mC1Ì01'1 \\'i!h RC5idcntilll Tt'i3cl :5 Dnd sha1l httC!3nc:r bi! considered :1 pon of Residential Tract 5 for :111 purposes herein. including IWscssans:nlS, consents :and approvals. There are no votes or director appointmenl riG1~5 iJllo&:alcaJ to Tract 4 :In&! no scpll.ra1e approYõ1ls or conscnls required of the: Trucl .¡ Owner. Funbermorc. the Tmct 4 Owncr wm no. be n SepiJr.11C McmÞ¡;r of Ihe M:tSler AS5oci¡uioD, ils membership right$ being vesled an i1nd alJoC41loolO ....e: Owner of Tract 5. .1. 2.1,3.\ Ihi~le( tJ¡1! l.~t8S Ho!11 scHl:iid~_rz 5..hcli¥MI¡~ .~ellt II"" is ~~SÍ!;tulIH as It~ÌflI!flHIII-=H;I&I-*.: ,), 2.1.5 t\ fifth purcel of the und has be(.'fI SCI aside for future ¡:ommereial development consistínl! ofTrucl 6 and " '3C1 10 <lnd is d&.-signàtcd as .he Con,mcrcial Truct. 6. 2.3 Addhionnl Common Area... . Additional commonareos consisting of :1, lhoroughf:are and righlS of way. landscape buffers, planting Arens, etc., wm be set aside and convc)'ed to Ihe'M3Stcr Associ:uion as Rcsidenli:il Tmc~s 4,5 "nd 9 ¡an:: d.:velopcd. By ~his provision, the: Owners of the ~ídcnliui Tn.cts agree to convey S:Jid commUn arcos ID lhc Mas&~r A:lsociDlion. Provided, howevcr, c:ach Neighborhood may maintain common Dreas for their cxclusiv~ IIse which will not be conveyed to the Master Association, nor induded in tbc M~1cr Associalion Common Areas. 7. 3.1 Common Pro~rtv. The inilial Common Areas arc:: described in paragraph 1.1.1:) hereof. Th~ Owner or o\vners of Pcbblcbrooke luke, Phose , rand Re&ident;o.l Tracts", 5.~ and 9 hereby stipulate and I1gre:e thaI all roads, sfreelS, and olher ñghts of way. together with :all lakes, Inndsclpe buffers, plunting areas. bíc)"cle paths. and walkways cUl"relufy d(!vcloped. being developèd or tD be de.\'~loped in tbe future on any orlhe Qfo~mr:rnioned parcels, which m~y serve or benefit the Muster Assoei:nion, shall be dcs;gnated as Con\mon Arens and shøJl be conveyed to lhe Moster Associolion upon completion of all or fhe imprnvcmems '0 be 10alled thereon or upon 'he expiration of tmet (3) years fron\ the date·a pla\ is recorek-d which covcr5uny of the 1Ú0redcsc:ribed œÍ11 property ~ncumbcred. by this·DcclilrQ~jol1. All such :Jforemcntiorw:d parcels which do not serve or benefit t~ Master Associ:Uion, bul are dcveloped and maintained solely for OIC use or a Neighborhood Assoc:i:niort. mny be d~ignDled by the owner of the parcel as íI Neighborhood AssociAlion common ¡¡rea, and t~1: maintc:nllßCt Ihcreor shan be the responsibility of the Text sllown os Slfteken i4&HUlgh is dclcted,leXI sI10wn os underlined is added. 2 wc I LEGAL 2 _ax: 239-390-,3624 Sep 16 2_ 14:27 AglricPa91tem No, 68 October 12, 2004 Page 14 of 59 , . Na:ighborhoodAS50cialion.. In õln~' question regnrdìns whether the JT....cc:l~ sen'c or b""'elittl1c: Mß51Cf ,\ssocimiol1 alld should b~ Milslt:r ,\ssoc;:arion Common l\rc.'L\ Iltè decision of I~ Situnclry Ol'CJ:.IC'.uU sh:dl comrol. The provi!lions of Ihis seclion in no \Yay appJYlo lhi: Commercial Tr.IC'l. which sholl have only rights 10 Ihe sllrrac~/sIOIm\Valer 5)'511:111 in nccord.,ncc witll 'he Master SY5.IC~m plDn and no rights 10 use or i1Ct."e!I$ any Common Areas tor any other PUIpOsc. 8. 7.:! Mnin1en;mcc orDrtlinnec and l..3n~~c BuffO' Ea..¡cmcnts. h :ihall.bc: the duty of the M:1SIt:r AsSOCiation 10 ntoinlilin tlædrnhmgc ~mcnlS Dud I:uNJscapc buffer CQSCmcnts loClllc."d in the MasKer Association Common Area.... ilnd Oil Ihe somhtrlv 51rip of 'flUel 6 (x-cwl:(n Iln: Buffer w,,1I :\lid Trac:1 9. if SOlid duly is nol uSSUn1(:d by ilny 'GOvt:mm~rIl81 õlgcncy pursuonl 10 a dc:d~ agrecment. Said duty sm.JI include: the obligalion to cut grass. cut :my Irœs. bushes or shrubbery, milk~ ~ny gr¡¡dings of the soil, or lak~ any other .!illlilar action n.."IISOn:lbly necessary 10 muinl:1in rcason3bl~ slandards of h~hh, $iJrci)' iIIId ölppCOr.1nœ. DraißiJge now shill! no1 be obstructed or divcnt."C.I from drdinagc l.":J$c:mc:ols. l'be Moslcr .t\SSOCi3lìon ß13Y, but shall nnt œ rcquir...-ù 10 cut dr.ainagc ror s\lrfilC~ w:ncr wherever and \\'hcnl:v~r n(ccSStU'y to mR;nla;n rCt\SOn.,bl.: :¡(Dndan.ls of 11eaJ11., safely Dud Q~urance; provid...-dr bowc"cr, any maintL"nance, cbring.. groding or claning of drain ways must ~ nspcrmiUcd. Of:lS 3pproved by Soulb Florida Willer Mnnagemcnt Dislrið. purSuant to a pennil nuxlific¡nion. ' OR: 2995 PC:, 2208 I' " 9.. 8.) General PUmoses. The M:1Slcr IUsoci:llìolJ is organized for rhe purposc of pro~'iding common services 10 the' lor ¡and Tr..cl Owners; owning DJJd m::ùnl:ùning liJl1dscõ!ping and lighting 011 II,,: Mi3$r.:r As.sociadon Property; mnintnining the LandSLilpc: BulT!.!r i1nd draina~c casements (excluding IllOse loealccl On Ihe CommcrcinJ Tr.n:t -1-0); n1:¡Înt:¡ining Ib~ Co~r'\l;ltiou ArClS (including tbose loaled on Ihe COmmCR:i3r Tract -44J :md Masler Association PropeR}"; main&aining thè surlåcc \\.'Dtcr Qnd/or sklnn \Vater. management SY~1cr..s. (except those, poniual."i 10cl1l.x1 on th~ Commcrcial Tract); providinC cnforcaDcnl of Ilk: MaslCY Associnlion Documems and engaging in ,DCliví1ies for Ihe mUll1;d benefit or dlc O\Yn~. The MiJSIcr Associ:uinn sl~Qn have Ihe rigbt to inc~3SC Dr reducc Ibe'sCTVices il pm\'Ìdes by DffirmmÎ\'e vote of Ih~ IQcm~1'$ in nccord:u¡cc: wiUt lhe By luwJ ofwhe Master Associolion, provided thiU services benefitiAs Ihe Comm~rcial Tr.lCI pertaining lu drainage and surfntC: \Valer managcmtnt OlDY not be reduced witbout rbe prior Wrillcn consent of Pébblebrooke PI.D7J1 limited Partnership. ils specifically noamed successors :rncl/or n."isigns. which dcsiKß;1lion SbDII be møde in a separate instrument to ~ œconlcd in the Public Records or Collier Coumy. florid."L In order 10 pay for these services, 1he Maslcr AS5ociAtion will churge Assessments :lgainsllIu: loIS, Tracts .md 1heir Owners. AJI proptnies decJic:aled \0 t:l.nd DC~eptcd by Ihe Mælcr Association. Collier Counl]', lhe Collier County \VDI~r SL"\vcr District or any other public . or quusi publi4: aUlhority siWl be excmpl from Assessrncnls. ,. 10. 8.2 Tvrn..-s of Assessmct'JS_ The Muter Associ:lljon sh.dl fix, I&:\'Y and coll~r nvo sep;1rat~ assessments. The first assessment. which sh:rU bt ~yìcd 3g:1Ïnsl ttar owners of RcsìdenlÌ1J' T raclS 4, 5, &-iIf1d 9, and Ihe Commerci,,1 T roct49, and the: plaued Jots ¡It Pebblebrooke Lakes, Phase I iUld shall be for Ihe purposes set folth in parngr:aph 1.1.7 above and shall hereinafter be rcfelTcd to as rhe :.conservation Assessment.·w The second Assessmenl, which shall be levied :J~ins1 only the oWners of Residcnli~J Tracts 4, 5.· '-ond 9 IJOd tbe planed 101.5 in Pcbblebrooke Lakes, Ph¡¡sc I,· and soon be for purposes 5e( fanh in paragraph 1.1..13 above and sholll hcreinal\er be referred 10 us the "Moinlenu.nc:e Assessment." Text shown as 5IriekeH Ihr8~ is dekloo, lext shown as tlnderlin~d is :ldded. .. J WCI LEGAL 2 4IÞFax:239-39~-3624 Sep16 2_ 14:28 Agln'd10¡tem No. 68 October 12, 2004 Page 15 of 59 . .. OR: 2995 PG:,2209 .. I I 11. 8.4.3 Un1il such lime as Ih~CunJlnerc¡aJ T.rnel has been developed. lhe Commercial 1md's sh:Ñ1: of Cônscrvation ASSCS5njena shall be paid by IhI: O\\'llCr or O\\'ncfliõ ofthe Commcrcicd TIõ1C( dirccdy [0 lhe M:lSler As...ochuic!I1. AI ~"1ICh lime a:i lIte Commcrcml Tract is cILovelopccI.; ir tll..:! ownc~bip of the Cc;mmcrcial Tract is 10 be divitL..-d then. PcbblebroÞke Plaza Limited P:u1I1L'rsbip and D.I\D Oc:vclonmcn' Corooration sJ~U designatc nn entity ur pany which shan be: responsible for collecting nnd remitting .be Com¡ervaúon 1\~'!cs!m1..:nlln lhe MOSlcr Assnciution. If lhe dcsigmncd entity or pany fails or refuses 10 CO,IL"Ct and remit Ihe Conserv..üon ^ssc.'ism~n 10 lhe MaSler Associ:llÎon. tbe MasL:r AssoeiQlion may c:1CClIO callecL the Canscrv3liOll Assessment directly from the O\VIIcr.t ¡. 12. B.5.1 f The wOI01I CO~lVUaion AS'!k:5Smcnt shan be ¡¡lIotta,cd twenty-live percent (2:5%) ro Ik.: Comm=rciøl Tr:act -U) am! sev.:ntyøfive percCnt (75%) to the bnli1nCé anile Land. J1t111 portion of Ihe Cunscrvntion ASSCssnR.~1 which is not ..UOC'.aacd to the Cummercial Tr.1ct -tÐ sball be OSS1:sscd 10 all loe Owner,¡ al ø . uniro"" mle fOT each LOI. rL:gardless ('If whcl11\}r tbe LOl is a plotted single-fnmily )01, ¡lUnched villa, condoqainium unit or some other subdivision of the Land. 13. 10.3.2..3 For tbe: ('ommc:rdal Tract, upon the approvill or 11$ gOYl:J1ling owners' associaLion, and if nODe. ùum by written c;onsc:nl of Pcbblcbrookc PIQ~ Limbed Pannership aM DAD Develoomcnt CorøOrilt¡on or ilS splXÌftean~' designOltcd successors gndlor assigns. which designation shan be milde in a sepDrnte ¡nStrum':"1 to be m;on.lcd in Ibe Public Records of Coliier Count)', Florida. (provided, bow~ver, ¡he wTillen consenl of th~ Commercial Tmct 8o~minB 4lSSOCiOlion or Owners will nol be ~qllircd ~~ccpl OL'i 10 am~ndmcnls whicb materially affect tbe Commçrc1QI Tr.acL). TC!CI shown as 5\rieke:n thfell;::11 is delclœ, text sbown õlS und~rlined is nddtd. IN WITNESS WHEREOF, litis t\mc:ndmc:nl to IhcAmcndt.:d and R~uned Pebblcbrookc lakes MllSler Decla.rntion or Covenants and Rc:s(ric'ions bas been e (cculcd tbis . t~ -, ~\'d3yor .. ~dH Vl~ , r-~ 2002. " 1!.*~ ,,¡,, ~~ Cß. wtt.'f-.. 3) '1 r.'fJ/i) Sf A TE OF FLORJDA COUNTY OF (' i;1.1. It r-. The rorcgoing ins(rumeOI wasac1q\owl.x ged bcroTl~ m~ dtis IT d;¡y of 6 /-' ( .. ;-"-', 2002, by K~nnetb P. Saundry. Sr.. who i~ personn~"~~~_J~. ..J:I:IC. or who nos produced :IS idenlific:a(ion. -4 we I LEGAL. 2 ~a~:23~-~90-3624 ... .Jè C.PEUY'EEPlES "III! lIH:OIi8lJSSIGIh CC IIIU' ~ EXPIII!S: IOODI".- . ...... IDWII AI SeD 16 20_ 14: 2B P. 11 Agenda Item No. 68 October 12, 2004 . Page 16 of 59 A I /1.. ,/"./ OR:. 2995 PG: 2210 II ~ /'/1- . NOT AR Y .\JßI,.~C· Ji"'.. Name: C·, d I'"' ','. r It " Scñnlll: My Commission E.,pires: STATE OF FLORJDA COUNTY OF COLUER . ~ ¡', The foregoing inslrumcnl \VæJ atkno\Ylcd!.~d before me this ¿ 1 .day of t'..obi......ï. 2002, by K~nrk."th P. Saundry. Jr.. whD ¡", p..........~all~ known 10 me, or who hQS produced as idencilic:nion. ~ C. rEUY PWlES ¡.... MY COJIJIUS D)I, CC IDIJI6 . .....,. EXfIRIS: IIJIJDIJDD] 14IWIIODIT fl. "'-'t &enim a I.,... C. ;L Wi'n ssill C..PUt'1 ~'flcl WJJJMJL . Wilncss #2 a,ve,,,,,)<'<. j} . ßI'#-hJV Ai;: Name: r.. ~1'~ ~t.«('\t..r Serial II: My Commission E.-,.pires: PEBDlEBROOKF, LAKES LJMITED PARTNERSHIP, a Floridillimlled partnership By: Saundry Associates, Inc., a Florida cOlpOrnlion As its Generul P ncr By: s '. . we I LEGAL 2 411faX:239-390-3624 Sep 16 2~ 14:28 A9~h~ Item No. 68 October 12, 2004 Page ,17 of 59 ttt OR: 2995 PG: 2211 tit ~, (' STATE Of FLORIDA COUNTY Of' COLLIER .The rorcgoing instrumenl ,vas ac:knowlcdgl'1l betòre me this 1.-1~ay Dr Þ-b-CU'f," I 2002, by K.~nns lh P. Søundry. Jr., :IS Vicc PresidCßI or Sm.tndry ^!>"'SOCia(~, Inc., a Floridu corpot11lion. on 'bchulr or lhe corporation. tie is pC'fsannlly known to me or h::as produced :IS idcntificøtion. ~~ C. PHIY PHIUS .tV"'; ...,. t'OJDI'I55IOX .. cc ")16 \t:'~ EIIIIIS; GJIJDnIlDJ ,....:r .follY flllllllan ScnIIP & ""'1 C. f~f;;;1 R~k~ Serial#i: My Commission E:cpirc5~ tl:\CIIalIi\t:.cncø_ OI' O\I'chlllclll"-c ~...r..ø, ,. A It It ()eet... . '. \ 6 " Ii, H , I i " I' .. ~ February 27,2002 COLLIER' COUNTY GOVERNMENT CQM:Mt.J'NITY DEVELOPMENT AND ENVIRONMENTAL SERVICESDMSION Karen Bishop PMS, Inc. of Naples 2335 Tamjami Trail N. #408 Naples, FL 34103 PLANNING SERVICES DEPARTMENT 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 I I REFERENCE: PUDA-2001-AR-1494, RichlandPUD Dear Ms. Bishop: On Tuesday, February 12, 2002, the Board of COJ1D.ty Commissioners heard and approved Petition No. PUDA-2001-AR-1494. A copy of Resolution/Ordinance No. 02-07 is enclosed approving this use. If you have any questions, please contact me at 403-2400. Very~ '1enows Chief Planner RBl\o Enclosure 00: Kenco Development 8610 Pebblebrooke Drive Naples,FL 34119 T __..J "" _ .I "" ..--. -.. e .e o PLANNED UNIT DEVELOPMENT DOCUMENT FOR RICH LAND A PLANNED RESIDENTIAL COMMUNITY Prepared by: PMS, Inc. of Naples 2335 Tamiami Trail N. #408 Naples, Florida 34103 Date Reviewed by CCPC: Date Approved by BCC:' 0f!:1irl8RS8 Number; Ordinance Number: Document Date: .. ... Exibit "A" Agenda Item No. 68 October 12, 2004 Page 19 of 59 1/17/02 2/12/02 2002-07 1/24102 · , e e Agenda Item No, 68 October 12, 2004 Page 20 of 59 " ,TABLE OF CONTENTS PAGE LIST OF EXHIBITS AND TABLES STATEMENT OF COMPLIANCE AND SHORT TITLE ii SECTION' Legal Description, Property Ownership and General Description 1-1 SECTION II Project Development 2-1 SECTION HI Residential District 3-1 SECTION IV Community Commercial District 4-1 SECTION V Reserve District 5-1 SECTION VI General Development Commitments 6-1 LIST OF EXHIBITS AND TABLES EXHIBIT "A" PUD Master Plan EXHIBIT "B" TABLE 1 Conceptual Buffer Plan Development Standards for "R" Residential Areas -- e Agenda Item No. 6B October 12, 2004 Page 21 of 59 e ..J STATEMENT OF COMPUANCE The purpose of this section is to express the intent of Kenco Development, Inc., hereinaf- ter referred to as the Developer, to create a Planned Unit Development (PUD) on 150 +/_ acres of land located in Section 27, Township 48 South, Range 26 East, Collier County, Florida. The name of this Planned Unit Development shall be Richland. The development of Richland will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The development will be consistent with the growth policies and land development regulations adopted thereunder of the Future.. Land Use Element and map of the Growth Management Plan and other applicable regulatìons for the following reasons: 1. The subject property is within -the Urban Mixed Use District/Urban Residential Sub district and the Activity Center Mixed Use District/Activity Center Subdistrict as iden- tified on the Future Land Use Map as required in Objective 1, of the Future Land Use Element(FLUE). The proposed density of Richland is 3.1 dwelling units per acre which is less than the maximum density permitted by the FLUE Density Rating System and is therefore consistent with Future Land Use Element. Policy 5.1. The entire subject property qualifies for a base d.ensity of four dwelling units per acre. Certain parts of the subject property lie within a one mile radius of an activity center qualifying the area for an additional 3 dwelling units per acre, while an additional dwelling unit per acre is available because the project fronts on two arterial streets. 2. 3. Richland is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. 4. 5. The development of Richland will result in an efficient and economical extension of community facilities and services as required in Policies 3.1.H and L of the Future Land Use Element. 6. Richland is planned to incorporate natural systems for water management ¡naccor- dance with their natural functions and capabilities as may be required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. The project will be served by a complete range of services and utilities as approved by the County. 7. ii e e Agenda Item No. 68 October 12, 2004 Page 22 of 59 . 8. The subject property includes an Activity Center Designatiòn, which is a preferred location for commercial and mixed-use developments. 9. The project shall be in compliance with arl applicable County regulations inclUding the Growth Management Plan. SHORT TrTlE This ordinance shall be known and cited as the "RICH LAND PLANNED UNIT DEVELOPMENT ORDINANCE". . . iii e e Agenda Item No. 68 October 12, 2004 , . Page 23 of 59 SECTION 1 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 Richland, and to describe the existing condition of the property to be developed. 1-2 LEGAL DESCRIPTIQN The northeast 1/4 of Section 27, Township 48 South, Range 26 East, less the East and North 100 feet for the purpose of road right-of-way, located in Collier County, Florida. . 1-3 TITLE TO PROPERTY The Property is currently under the ownership of Kenco Development, Inc., 8610 Pebblebrooke Drive, Naples, Florida, 34119. '. 1-4 GENERAL DESCRIPTION OF PROPERTY A. The project site is located in Section 27, Township 48 South, Range 26 East, and is bordered on the north by Immokalee Road (CR-846)~ on the east by CR-951, on the south by Oakridge Middle School and on the west by undeveloped agricultural land and Laurel Oak Elementary School B. The zoning classification of the subject property as of this submittal is PUD (PLANNED UNIT DEVELOPMENT). C. The site's vegetation includes pine flatwoods, saw palmetto, shash pine and sabal palm. It also contains areas of cypress, fern and sawgrass. Soils on ~he site are Jmmokalee fine sand and Arzell fine sand. A small area of pompano fine sand is located in the southeast comer of the site. D. The surrounding area is generally undeveloped, and is located within the Activity Center Designation and Residential Density Band of the Future I ~nd I 'se Map to the Growth Mant:1gement t-Ilan. E. Elevations in the area range from 13.0 -15.0 feet according to U.S.G.S. quadrangle maps. The site is outside of the flood plane and requires development to be sited 18 inches above the crown of ~he road according to flood insurance rate maps. 1-1 ......_----~~--,-_..--- e e Agenda Item No. 68 October 12, 2004 Page 24 of 59 1-5 PROJECT DENSITY A. The total acreage of Richland· is approximately 150 acres. The maximum number of dwelling units to be built on the total acreage is 400. The number of dweffing units per gross residential acre is approximately 3.1 units. The density on individual parceis of land throughout the project may vary according to the type of housing placed on each parcel of land. Commercial Uses occupy approximately 23 acres. These described land uses are set forth on the PUD Master Plan, Exhibit "A". 8. At all times, property included within the Richland PUD shall be included in determining project density including property reserved or dedicated for public uses, such as, but not limited to, public roadways, easements, reserves and landscape buffers. " 1-2 e e Agenda Item No. 68 October 12, 2004 Page 25 of.59 ~ECT,g~JJ PRoJECT DEVELOPMENT 2·1 PURPOSE The purpose of this Section is to generally describe the p'lan of davelopment1Ç>r Richland, .and to identify relationships to applicable County ordinances, policies, and procedures. 2-2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. Richland, a private community, will include a broad range of Single-family, Multi-family, Community Commercial, Hotel/Motel, Stormwater Management, Open Space and Reserve areas. Each singlé-family, multi-family and commercial parcelwill be served with publicly provided utilities, including potable water, sewer and electricity. Amenities proposed to be provided in the project include, but are not limited to, structures designed to provide social and recreational space, lakes, natural and landscaped òpen spaces'~ B. The Master Plan is illustrated graphically on Exhibit "An. A land use summary indicating approximate land use acreages is shown on the plan. The location, size. and configuration of individual tracts shall be determined at the time of Preliminary Subdivision Plat approval with minor adjustments at the time of Final Plat Approval, in accordange with Article 3, Division 3.2, Section 3.2.9 of the Collier County Land Development Code. 2-3 GENERAL COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of Richland shall be in accordance with the contents of this PUD ordinance and applicable sections of the Collier County Land Development Code (to the extent they are not inconsistent with this PUD ordinance) and Growth Management Plan 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 Subriivision Plat, Final Site Developlmmt Plan, and Excavation. Permit. Where this PUD ordinance fails to provide developmental standards, then the provisions of the most similar zoning district or section of the Collier County Land Development Code shall apply. 2-1 e e Agenda Item No. 68 October 12, 2004 Page 26 of 59 8. Unless otherwise defined herein, the definitions of all ~erms shall be the same as the definitions set forth in the Collier County land Development Code in.effect at the time of development order application. C. Development permitted by the approval of thi~ PUD will be subject to a conculTency review under the Adequate Public Facilities Ordinance, Article 3, Division 3.15 of the Collier County Land Development Code. .. D. Unless modified, waived or excepted by this PUD or by subsequent requests, the Provisions of other applicable land development codes remain in effect with respect to the development of the land which comprises this PUD. E. All conditions imposed herein or as represented on the Richland Master Plan are part of the regulations, which govern the manner in which the land may be developed. 2-4 lAND USE The Master Development Plan (Exhibit "A") shows proposed land Uses of development for each parcel. Minor variations in acreage shall be permitted at final design to accommodate vegetation, encroachments, utilities, market conditions, and other hereto unforeseen site conditions. LAND USE SCHEDULE LAND USE TYPE RESIDENTIAL (open space, reserve, water management & lakes) ACREAGE 127 +/- COMMERCIAL (open space, reserve, water management & lakes) 23 +1- TOTAL 150 +/- 2-2 e e Agenda Item No. 68 October 12, 2004 Page 27 of 59 2-5 SITE DEVELOPMENT PLAN APPROVAL The provisions of Article 3, Division 3.3 of the Collier County Land Development Code shall apply to the development of platted tracts or parcels of land prior to the issuance of a buiiding permit or other development order. 2-6 RESUBDIVISION Resubdivision shall comply with Section 3.2.7.5 of the Collier County Land . Development Code. 2-7 EASEMENTS FOR UTILITIES A.Easements shall be provided for water management areas, utilities and otherpùrposes as may be needed. Said easements and improvements shall be done in compliance with the Collier County Land Development Code. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of aìl service utilities in compliance with applicable regulations in effect at the time approvals are requested. 2-8 MODEL HOMES Model Homes and Model Home Sales Centers shall be permitted as provided for in Section 2.6.33.4 of the Collier County Land Development Code. 2-9 USE OF RIGHTS-oF"WAY Utilization of lands within all project rights-of-way for landscaping. decorative entrance ways and signage may be allowed subject to review and administrative approval by the Collier County Planning Services Director for engineering and safety considerations, during the development review process and prior to any building permits. 2-10 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amenril"J1ents may be made to the PUD as provided in Article 2, Division 2.7, Section 2.7.3.5 of the Collier County Land Development Code. \- 2-3 e e Agenda Item No. 68 October 12, 2004 Page 28 o~ 59 2-11 LIMITATIONS OF PLANNED UNIT DEVELOPMENT APPROVAL This PUD is subject to the sunsetting provisions as provided for within Article 2, Division 2.7, Section 2.7.3.4 of the Collier County Development Code. 2-12 PUD MONITORING An annual monitoring report shall be submitted pursuant to Article 2, Division ~.7, Section 2.7.3.6 of the Collier County Land Development Code. 2-13 . DEDICATION AND MAINTENANCE OF FACILITIES The Developer shall create appropriate property owner association(s), which will be responsible for maintaining the roads, streets, drainage, common areas, and water and sewer improvements where such systems are not dedicated to the County. 2-14 OFF-STREET PARKING AND LOADING All off-street parking and loading facilities shall be designed in acCordance with Division 2.3 of the Collier County land Development Code. 2-15 OPEN SPACE REQUIREMENTS A. A minimum of thirty percent (30%) of the project's gross area shall be devoted to open space, pursuant to Article 2, Division 2.6, Section 2.6.32 of the Collier County land Development Code. The total project is 150 +/_ acres requiring a minimum of 45 acres to be retained as open space throughout the Richland PUD. This requirement shall not apply to individual development parcels. B. Of the project's total 150 +/- acres, the following acreages represent 30% of the total site, all contributing to open space. lake Reserve: Buffer : 11 +/- acres 31 +/- acres 7+1- acres TOTAL 48+/- acres of open space 2-4 e e Agenda Item No. 68 October 1 2, 2004 Page 29 of 59 2-16 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Article 3, Division 3.9, Section 3.9.5.5.3 of the Collier County Land Development Code, 25% of the viable naturally functioning native vegetation on site shall be retained. 2-17 POLLING PLACES Pursuant to Article 3, Division 3.2, Section 3.2.8.3.14 of the Collier County Land Development Code, accommodation 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. 2-18 SIGNS Signs shall be in accordance with Article 2, Division 2.5 of the Collier County Land Development Code. . 2-19 LANDSCAPING " Landscaping shall be in accordance with Article 2, Divisions 2.4 and 2.8 of the Collier County Land Development Code, as amended. In addition, a 3D-foot Type liB" Buffer shall be provided along the tract boundary line separating the commercial and residential land use tracts. (See Exhibit "8") This buffer shall contain a 6-foot tall pre-cast concrete wall along the entire buffer. 2-20 LAKE SETBACK AND EXCAVATION The lake setback requirements described in Article 3, Division 3.5, Section 3.5.7.1 of the Collier County Land Development Code may be reduced with the administrative approval of the Collier County Planning Services Director. All lakes greater than two (2) acres may be excavated to the maximum commercial excava- tion depths set forth in Section 3.5.7.3.1; however, removal of fill from Richland shall be limited to an amount up to 10 percent per lake (to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial excavation permit is received. 2-21 EXCAVATION AND VEGETATION REMOVAL Improvement of property shall be prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building pØrmit under the. Land Development Code or other applicable County regulations. 2-5 e e Agenda Item No. 68 October 12, 2004 Page 30 of 59 Exceptions to this requirement may be granted by the Community Development and Environmental Services Administrator for an approved Subdivision or Site De- velopment Plan to provide for distribution of flll excavated on site or to permit oon- struction of an approved water management system, to minimize stockpiles and hauling off'site or to protect the pUblic health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the standards of Section 3.2.8.3.6. of the Code. Removal of exotic vegetation shall be exempted Upon receipt of a vegetation removal permit for exotics pursuant to Division 3.9 of the Land Development Code. . 2-22 SUBDIVISIONS Subdivisions shall be in accordance with Article 3, Division 3.2 of the Collier County Land Development Code. 2-6 e .e Agenda Item No. 68 October 12, 2004 Page 31 of 59 ~ RESIDENTIAL 3-1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within the Richland PUD designated on the Master Plan (Exhibit "An) as "R" Residential. 3-2 MAXIMUM DWELLING UNITS A maximum number of 400 residential dwelling units may be constructed on lands designated "R". 3-3 GENERAL DESCRIPTION A. Areas designated as "R" on the Master Land Use Plan are designated to accommodate a full range of residential. dwelling unit types. '. B. Approximate acreage of land use tracts have been indicated on the PUD. Master Plan, in orderto indicate relative size and distribution of the residential uses. These acreages are based on conceptual designs and must be considered to be approximate. Actual acreage of all development tracts will be provided at the time of permitting. Resìdential tracts are designed to accommodate internal roadways. C. Single-family lot sizes and development regulations shall be in accordance with Table 1 of this section and shall be identified by the Developer at the time of Preliminary Subdivision Plat approval pursuant to Collier County Zoning Regulations set forth in Division 3.2 of the Collier County Land Development Code. . D. Multi-family uses and development regulations shall be in accordance with Table 1 of this section and shall be identified by the Developer at the time of Site Development Plan approval pursuant to Section 2.5 of this document and applicable Collier County Regulations set forth in Division 3.3 of the Collier County Land Development Code. 3-1 "'~--- e e Agenda Item No. 68 October 12, 2004 Page 32 of 59 3-4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered, or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1) Single-family detached dwelling units. 2) Single-family attached and townhouse units. 3) Single~family zero lot line dwelling units. 4) Duplex dwelling units. 5) Multi-family dwelling units. 6) Nursing, rest homes and adult congregate living facilities. 7) Recreational facilities including but not limited to par~s, playgrounds, commonly owned open space, pools, tennis courts, community bUildings; guardhouses; essential services and utility structures. 8) Model homes, sales centers, and temporary development/construction offices shall be permitted in conjunction with the promotion of the development. 9) Water management facilities and lakes. . 10) Any other use which is in comparable in nature with the foregoing uses which the Planning Services Director determines to be compatible in the "R" district. 8. Permitted Accessory Uses and Structures 3.5 PROPERTY DEVELOPMENT REGULATIONS 1) Customary accessory uses and structures, including but not limited to covered parking, attached and detached garages and swimming pools. 2) Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible in the "R" District. A. Except as provided in Seètion 2.5(8), property development regulations for land uses in the "R" Residential District are set forth in Table 1. 8. Site dAV~IQPment sbnd:Jrds for GdtsguJies 1-4 uses apply to individual residential lot boundaries. Category 5 standards apply to platted parcel boundaries. 3-2 e e Agenda Item No. 66 October 12, 2004 Page 33 ~f59 C. Unless otherwise indicated. required yards, heights, and floor area standards apply to principal structures. D. Development standards for building relationships set forth in Table 1 shall be established during site development plan approval as set forth in Article 3. Division 3.3 of the Collier County Land Development Code in accordance with those standards of the zoning district which is most similar to the proposed use. E. In the case of residential structures with a common architectural theme, required property development regulations may be waived or reduced ås provided by the provisions in Article 2, Division 2.6, Section 2.6.27.4.6 of the Collier County Land Development Code. Common open space requirements are deemed satisfied pursuant to Section 2.16 of th is PU D. F. Off-street parking required for multi-family uses shall be accessed by parking aisles or driveways which are separate from any roads which serve more than one development. A green space area of not less that ten feet (10') in width as measured from pavement edge to pavement edge shall separate any parking aisle or driveway from any abutting road. G. Single-family zero lot line dwellings units are identified separately from single-family detached dwelling units with conventional side yard requirements to distinguish these types for the purpose of applying development standards under Table 1. Zero lot line dwellings shall be defined as any type of detached single-family structure employing a zero or reduced side yard ·as set forth herein, and which conform to requirements of Collier County Land Development Code Article 2, Division 2.6, Subsection 2.6.27.4.4.1 through 3. H. No housing structure containing three (3) or more dwelling units may be located between two detached. single family structures which are Jess than 300 feet apart if they are a part of the same platted block. Approval of the location of multiple family structures relative to existing single family detached structures shall rest with the Development Services Director and shall be determined at the time of Site Development Plan pre-application meetings. I. No nursing, rest homes and adult congregate living facility shall be located within three hundred (...~OO) feet of any single family detâ~hed or attached dwelling units. Generally, multiple family dwelling structures with dwelling units above dwelling units shall act as a transition area between nursing, . rest homes. adult congregate living facilities and single family detached and attached dwelling units. 3-3 ~----------, ·________U_._n_. e e Agenda Item No. 68 October 12, 2004 Page 34 of 59 TABLE 1 DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS SINGLE FAMILY SINGLE ZERO SINGLE FAMILy MULTI- FAMIL Y LOT ATTACHED AND FAMILy DETACHED LINE DuPLEX TUWNHOUSE DWELLINGS 1 2 3 4 f' 5,500 SF 5,000 SF 3,500 SF 3,000 SF lAC 55 50 35 30 ISO 20 *3 20 *3 20 *3 20 *3 25 10 10 10 10 15 5 *6 o or 7.5 o or .5BH O.5BH 20 10 20 20 BH 10 5 10 10 15 10 5 10 10 .5BH 35 35 35 35 35 10 10 o or IS .5 SBH .5SBH 1200 SF 1200 SF 1200 SF 1200 SF 1000 SF Category Minimum Lot Area Minimum Lot Width *5 Front Yard FrDnt Yard for Side Entry Garage Side Yard Rear Yard Principal Rear Yard Acces- sory Rear Yard *1 Maximum Building Heigbt *2 Distance Between Principal Structures Froor Area Min. I (SoF.) m!: BUilding Height UI:!: ISum or Building Height): COIftblned height Qf two adjacent bUIldIng. r....th. PUlllo... or detlrmlnlng nlback requlrem.nts. All dlablne.. ... In r.et ume.. ath.rwIe. not'd. °1 . Re.. \lira. aetblcU for Principal ancs ICCHaory IIruc:tutM on Iota that .but preurvea. .haU be In a_.nee W1t/1 Sect on 3.2.8.4.7.3 of tha LDC. AI amanded. F",ntyara. ahall be ......u..d.. foll_: A. If 111. pareal fa ...",.., by. pubUc r!;ht-or....y, .etback Is m'''Ured from ilia '''IIIe.1It 11;ht-or"WllY UM. a. If th. pare.. .. .-.. by a privata -d. lI!back .. mea..... from the back of curV If curbacl .... "'VI of p....ment Ilf not CUrVacI), "2. Building h."ht.h.'1 be lhe ftltical dlatanca maaaured InI", the n. habitable flnI8hael floor ......lIon 10 the UPpennoÁ Onl.had c.UI"9 .1....Uon of th. atn.oclu... OS. SI"9I"'amlly Gwall1noa Which provtd. for 2 Plllcln; apaCW WIthin In .nd..... II1I'I01 anel PnMcIl for Uaat pad<1ng otharlhan In prlvat. driveways may raduc. the front)'alà requirement to 5' forth. IlliG. and 15' fortha ......Inlng .wc:turaa. °4 . Each half of I duplex unit requIreS · lot - ./Iocatlon of !.500 SF for . total minimum lot _ 017.000 SF; 3,000 a_" f_ Jot area aUCICOItIon per cIwaIIlnv unit for "nøtl family .u.chad ancs ~h_. clwalllng un/too and 3.000 1_.. feet par cIwaIIIng unttfor.1ngIe family a!taehed.nd townh_. cIwaIIIng un Ita. "!5 . Minimum lot width onay be reclucad by 20% for CU/odI4aC Iota PI'OVtcIecI mIniInum lac _ ~ II atIII mainta In~ '6 - Zero feet (0') or a minimum of fiv.. '981 (5') SA either sid.. '"'^""'!JI thaI where trlB zero foot (0') yard opUon is UU/Ized, the opposite "d. ct... ""- "'''' he", a ""-foot (101 "... Zen> foot... _...,.._ ~.... __................... _ ......,,,,,,. Is llDllided. . 3-4 --- -----~- - - -- - .-------- ------ ----- -~ e e Agenda Item No. 68 October 12, 2004 Page 35 of 59 - ~ COMMUNITY COMMERCIAL DISTRICT 4..1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within Richland designated on the Master Plan (Exhibit "A") as "e" Community Commercial. 4-2 MAXIMUM SQUARE FOOTAGE AND ACREAGE -. A maximum of 231,000 square feet (gross floor area) of Community Commercial uses may be constructed on lands designated MC" on the Master Plan (Exhibit "A"). The Community Commercial tract is limited to a maximum of 23 +/- acres. 4-3 GENERAL DESCRtPTION A. Are'as designated as "C" an the Master Plan are designed to accommodate a full range of commercial uses, hotel/motel, essential services, and customary accessory uses. 8. The approximate acreage of the "C" district is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.2 and Division 3.3 respectively, of the Collier County Land Development Code. Community Commercial tracts are designed to accommodate internal roadways, open spaces, lakes, water management facilities, and other similar uses. 4-4 PERMITTED USES AND STRUCTURES No building or structure or part thereof, shall be erected, altered or used, or land used, in w~ole or in part, for other than the following: A. Permitted Principal Uses and Structures 1) Agricultural Services (Group 0742, except no outside kennelin . , n oor on y Groups 7911-7941,7991,7993) Apparel and Accessory Stores (Groups 5611, 5621,5631, 5641, 5651, 5661,5699) Automotive Dealers and Gasoline Service Stations (Groups 5511, 5531,5541 ) 3} 4) 4-1 ------ . -----,.--- e e Agenda Item No. 68 October 12, 2004 Page 36 ?f 59 5) Automotive Repair, Services and Parking (Group 7542) 6) Bundlng Materials. Hardware, Garden Supply with no outside storage or display (Groups 5231, 5251, 5261) 7) Business Services (Groups 7311,7323, 7334, 7335, 7336, 7338, 7352, 7371-7379, 7384, 7389) 8) Communications (Groups 4832,4833) 9) Depository Institutions (Groups 6011-60Q9) 10) -- Eating and Drinking Places (Groups 5812) 11) Engineering, Accounting and Management (8711-8721,8741,8742, 8748) . _. 12} Food Stores (Groups 5411,5421,5441,5451,5461,5499) 13) General Merchandise Stores (Groups 5311, 5331. 5399) 14) Health Services (Groups 8011-8049) 15) Home Furniture, Fumishings; and Equipment Stores (Groups 5712, 5713,5714.5719,5722,5731,5734,5735,5736) 16) Hotels and Motels (Group 7011) 17) Insurance Agents, Brokers and Service (Group 6411) 18) Membership Organizations (Groups B641 , 8661) 19) Miscellaneous Repair Services (Groups 7622, 7629, 7631) 20)_. Mlscellaneoùs Retail (Groups 5912, 5921, 5932,5941-5949.5992, 5993,5999) . 21) Motion Pictures (Groups 7832) 22) Museum, Art Galleries (Group 8412) 23) Non-Depository Credit Institutions (Groups 6141, 6159, 6162, 6163) . 24) Personal Services (Groups 7211-7212, 7215, 7219, 7221, 7231, 7241, 7251, 7291) 25} Real Estate (Groups 6531, 6541, 6552) 26) Social Services {Group 8351} 4-5 ACCESSORY USES AND STRUCTURES A. Uses and Structures that are accessory and incidental to uses permitted. B. Any other accessory Use which Is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible. 4-2 e e Agenda Item No. 68 October 12, 2004 Page 37 _of, 59 4·6 Development Standards A. . Minimum lot area: Ten thousand (10,000') square feet 8, Minimum lot width: One hundred (100') feet c. Minimum yard requirements: 1) Front yard: twenty-five (25') feet 2) Side yard: zero orten (O'ar 10') feet 3) Rear yard: twenty (20') feet .¡. D. Distance bet\Neen principal structures: One half the sum of walls opposite one another but not less than ten (10') feet. E. Minimum floor area of principal structure: seven hundred and fifty square feet (750') per building on the ground floor F. Landscaping and Off-Street Parking shall be in accordance with the Collier County Land Development Code. All parking lot lighting shall be low intensity and shielded from residential areas. G. Maximum height: fifty feet (50') and not to exceed two stories for commercial structures within 60 feet of the residential tract boundary line. H. General application for Setbacks: Front yard setbacks shall comply with the following: 1) If the parcel is served by a public or private right-of-way, setback is measured from the adjacent right-of-way line. 2) If the parcel is served by a non-platted private drive, setback is . measured from the back of curb or edge of pavement. 3} If the parcel is served by a platted private drive, setback is measured from the road easement or property line. I. Maximum density of Hotel/Motel lodging facilities: 1) The net platted density of hotel rooms per acre may not exceed twenty-s~x (26) units per acre. J. Commercial trash dumpsters shall be located or placed within 100 feet of any residential tract boundary line. 4-3 .-.......:... -.._-..~ e e Agenda Item No. 68 October 12, 2004 Page 38 of 59 .§ECTION -Ï RESERVE DISTRICT 5~1 PURPOSE The purpose of this Section is to identify permitted Uses and development standards for areas within Rlchland designated on the Mester Plan (Exhibit "A "J, as Reserve. 5-2 GENERAL DESCRIPTION Areas designated as Reserve on the PUD Master Plan are designed to accommodate a full range of conservation and limited water management uses and functions. The primary purpose of the Reserve District is to retain viable naturally functioning wetland systems, to allow for the restoration and enhancement of impacted or degraded wetland systems, and to provide an open space arnenity for the enjoyment of Rich/and residents. 5-3 PERMITTED USES AND STRUCTURES No building or structure, or pari 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) Passive recreational areas, boardwalks, and recreational shelters. 2) Nature trails, excluding asphalt paved surfaces 3) Water management facilities, structures and lake bulkheads or other architectural treatments 4) Mitigation areas 5) Any other conservation and related open space activity or use which is comparable in nature with the foregoing Uses and which the Planning Services Director determines to be compatible in the ReservA District 5-1 e e Agenda Item No. 6B October 12, 2004 Page 39 of 59 54 DEVELOPMENT 5T ANDARDS A. All setbacks from preserve areas shall be in accordance with Section 3.2.8.4.7.3 of the LOC, as amended. 5-5 RESERVE DISTRICT CONSERVATION EASEMENT A non-exclusive conservation easement or tract is required by Collier County Land Development Code, Section 3.2.8.4.7.3 for preservation lands included in the Reserve District. In addition to Collier County, a conservation easement may..also be required by other regulatory agencies with jurisdiction over Reserve District lands. In addition to complying with provisions of the Collier County Land Development Code, said easement shall be provided in accordance with the terms set forth in the applicable permit granted by said agencies. The Richland Commons Association shall be responsible for control and maintenance of lands within the Reserve District. 5-2 .- e e Agenda Item No. 68 October 12, 2004 Page 40 of 59 ~ 6-1 PURPOSE GENERAL DEVELOPMENT COMMITMENTS The purpose of this section is to set forth the standards for development of the project. 6-2 GENERAL All facilities shall be constructed in accordance with the final site development plans, the final subdivision plats, and all applicable state and local laws, codes and regulations relating to the subdivision of the land, except when specifically noted or otherwise set forth in this document, or as otherwise approved by ColI/er County. All state and federal permits shall be effective aCCording to the stipulations and conditions of the permitting agencies. Final master plans, final site development plans or final subdivision plats, and standards and specifications of the ColI/er County land Development Code relating to the same shall apply to this project, except as otherwise set forth herein. 6-3 PUD MASTER PLAN A. The Master Plan (Exhibit "A "J, is an illustrative preliminary development plan. The design elements and layout illustrated on the Master Plan shall be understood to be flexible, so that the final design may satisfy the Developer's criteria and comply with all applicable requirements of this ordinance. B. The Planning Services Director shall be authorized to approve minor changes and refinements to the Richland Master Plan Upon written request of the Developer. C. The following limitations shall apply to such requests: 1) The minor change or refinement shall be consistent with the Collier County Growth Management Plan and the Richland PUD document. 2) The minor change or refinement shall not constitute a substantial change PUrsuant to Article 2, Division 2.7, Subsection 2.7.3.5.2 of ·the Collier County Land Development Code. 6-1 e e Agenda Item No. 68 October 12, 2004 Page 41 of 59 3) The minor change or refinement shall be compatible with adjacent land uses and shall not create detrimental impacts to abutting land uses, water management facilities, and Reserve areas within or external to the PUD, .' D. All necessary easements, dedications or other instruments shall be granted to ensure the continuance operation and maintenance of all service utilities. E. Agreements, provisions or covenants which govern the use, maintenaqce and continued protection of the PUD and common areas will be provided. 6-4 DEVELOPMENT COMMITMENTS A TRANSPORTATION 2) 1) When deemed warranted by the County, the Developer shall provide fifty (50') feet of additional road right-of-way along the south side of Immokalee Road in accordance with the procedures and standards of Sub-section 2.2.20.3.7 of the Collier County Land Development Code. Road Impact Fee credits wilt be allowed for this right-of-way to the maximum extent provided in the Road Impact Fee Ordinance and in accordance with the approved conversion formula. When deemed warranted by the County, the Developer shall provide left and right turn lanes at all project accesses on both Imrnokalee Road and CR-951. If median openings are permitted upon the four laning of either road, the Developer shall be responsible for the cost of all intersection modifications needed to serve project accesses. 3) The Developer shall provide a fair share contribution toward the capital cost of traffic signals at any project access when deemed war- ranted by the County. The signals will be owned, operated and main- tained by Collier County. 4) When deemed warranted by the County, the Developer shall provide arterial level street lighting at all project accesses. The road impact fee shall be as provided by Ordinance Number 01- 13, or as may be amended, i::U1d shall be paid at tne time building per- mits are issued unless otherwise approvèd by the Board of County Commissioners. 5) 6) Access improvements shall not be subject to impact fee credits and, excluding traffic signals, shall be in place before any certificates of occupancy are issued. 6-2 -"'---"..- --~-- e e Agenda Item No. 68 October 12, 2004 Page 42 of 59 7) All traffic control devices used, excluding street name signs. shall conform with the Manual on Uniform Traffic Control Devices as required in Chapter 316.0747. Florida Statutes. 8) The commercial tract shalf provide an internal vehicular cross access to the residential tract. Sidewalks shall be provided on one side of the interconnect road. A metal security gate shall be plaCed on the com- mercial tract to allow for the stacking of a minimum of three vehicles on the commercial tract. Gate maintenance shall be the responsibil- ity of the commercial property owners and/or their property Ow'ners association. No construction traffic shall use this interconnection. 9) Access locations to fmmokalee Road and to Collier Boulevard are conceptual and subject to review and approval at final site plan submittal consistent with the Access Control Policy (Resolution 01-242), as may be amended, and the Coflier County Construction Standards Handbook for Work Within the Public Right-of-Way (Ordinance 93-64), as may be amended. All access and. median locations are subject to modification and/or closure at the discretion of Collier County based on safety, operation or capacity reasons. 8 WA TER MANAGEMENT 1) Excavation permits will be required for the proposed lakes in accordance with Division 3.5 of the Collier County Land Development Code, as amended. Excavated material from the property is intended to be used within the project site. 2) The Developer shall be responsible for the installation of properly sized culverts at the proposed entrance road locations placed on the relocated swale centerline, at such time as driveways are instal/ed. 3) Detailed paving, grading and site drainage plans shall be submitted to Engineering Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Engineering Review Services. 4) In ¡:f~cordanc8 '.·Ath the Rules of tf II:: South Flof/oa Water Management District, Chapters 40E4 and 40E-40, this project shall be designed for a storm event of 3-day duration and 25-year frequency. 6-3 e e Agenda Item No. 68 October 12, 2004 Page 43_ o~ 59 "- 5) Design and construction of all improvements shall be subject to compliance with the appropriate provisions of Division 3.2 of the Collier County Land Development Code. C UTILITIES 1) Water Distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 97-17, as amend~d, and other applicable County rules and regulations. 2) All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the County not be in a position to provide water and/or sewer service to the project, the water and/or sewer customers shall be customers of the interim utility established to serve the project until the County's off-site water and/or sewer faciUties are available to serve the project. 3) It is anticipated that the County Utilities Division will ultimately supply potable water to meet the consumptive demand and/or receive and treat the sewage generated by this project. Should the County system not be in a position to supply potable water to the project and/or receive the project's wastewater at the time development commences, the Developer, at its expense will install and operate interim water supply and on-site treatment facilities and/or interim on-site sewage treatment and disposal facilities adequate to meat all requirements of the appropriate regulatory agencies. An agreement shall be entered into between the County and the Developer, binding on the Developer, his assigns or successors regarding any interim treatment facilities to be utilized. The agreement must be legally sufficient to the County, prior to the . approval of construction documents for the project and be in conformance with Collier County Ordinance No. 97-17, as amended. 4) If an interim on-site water supply, treatment and transmission facility is utilized to serve the project, it must be properly sized to su I I a I Ion Ö Ire flow demand at a rate approved by the appropriate Fire Control District servicing the project area. 5) Public Service Commission Territories: Prior to ~pproval of construc- tion documents by the County, the Developer must present verifica- tion pursuant to Chapter 367, Florida. 6-4 ......--.. e- e Agenda Item No. 68 October 12, 2004 Page 44 of 59 Statutes, that the Florida Public Service Commission has granted territorial rights to the Developer to provide sewer and/or w~ter service to the project until the County can provide these services through i.ts water and sewer facilities. D ENVIRONMENTAL 1) Petitioner shall be subject to Division 3.9 of the Collier County LanØ Development Code, requiring the acquisition of a tree removal permit prior to any land dearing. A site clearing pJan _ shaH be submitted to the Community Development and . Environmental Services Administrator for review and approval prior to any substantial work on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent Possible and how roads, buildings, lakes, parking lots and other facilities have been oriented to accommodate this goal. 2) All exotic plants, as defined in the Land Development 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 re-invasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and approved by the Community Development and Environmental Services Administrator. . 3) 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 Code Enforcement Department shall be notified. Development will be Suspended for a sufficient length of time to en. able the Code Enforcement Department or a designated consultant to assess the find and determine the proper COurse of action in regard to its salvageability. The Code Enforcement Department will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructiomil activities. 4) Environmental permitting shalf be in accordance with the state of Florida Environmental Resource Permit rules and be subject to review and approval by Current Planning Environmental Review Staff. 6-5 e e Agenda Item No. 6B October 12, 2004 Page 45 of 59 Removal of exotic vegetation shall not be counted toward s mitigation for impacts to Collier Cçmnty jurisdictional wetlands. 5) This PUD shall be in compliance with Division 3.11 of the LDC, as' amended, which provides protection for Endangered, Threatened and Listed Species. . E SUBSTITUTIONS TO COUNTY SUBDIVISION REGULATIONS Section 3.2.8.3.19: Street name signs shall be approved by the County Engineer but need not meet U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Devices. Street pavement painting, striping, and reflective edging requirements shall be subject to the County Enginee~s approval, but need not meet . standard county requirements. 2) Section 3.2.8.4.16.5: Street rights-of-way and cross-sections for the roads shall be as designated by developer at time of final construction plans. 1) -. 3) Section 3.2.8.4.16.6: The 1,000 feet maximum dead-end street length requirement shall be waived. 4) Section 3.2.8.4.16.8: Back of curb radii may be reduced to thirty (30') feet at local intersections. ' 5) Section 3.2.8.4.16.1 Q: The requirement for one hundred (1 DO') feet tangent sections between reverse curves of streets shall be waived. 6) Section 3.2.8.4.21: The requirement for blank utility casings shall be subject to County engineering approval, but need not meet standard County requirements. F MISCELLANEOUS 1) Access to the project shall be restricted to those access points shown on Exhibit "An. 6-6 .~,-,,--,._.- I I L.. ... .. """ """ .......... ............ ................... .................... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .................... I =; == ::;:: :;::=;:;=:: :::=::::::::::::::::: ¡,.~".." ".......... "....".... ....... .". .................... f; ,. . ..t~:}}~:}~{:~:}~:~:~r :\ I ® . ì...:::::::::::::::::::;:::;::;:::::::::::::. \ I r.;.......... ................................ .. . .:.:.:..:.:..:.:.:.:..;.:..:.:.:.:.:.:.:.:.:..:..: J= ""'-."'-.,.-...-.:. 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I I I . ;:a p = ~ - I ~ II Fi' ~ i íf 1f+'111 ~O- I ~ . I: ® ~I··~ '- I I ,,--IJ I e CI£ IUØ n , . I~! U 'II " " L£G£NQ @ COMItIERCPL o RESfDENTlAL (EXc/'lJOINr; l.AJŒS) 0~ Rf3E7MD RIGHT-oF'-WAY f.AJŒS ~ PRoJEr:r ACCESS Agenda .Item No. 68 October 12, 2004 Page 46 of 59 ® ( Z.:J:/: AC.) ( 79:/: ~) ( 31:/: ~) ( 71:/: AC.) TOTAL (750:t AC.) . WID US£ MIQ ~ MÞ SV&IEI:r TO M1.DI:ATION / C#WIfJ£ 1¥fIaR '" ~ 1>ERIiiIrnNfJ -- Kao DR I -..( m "'0 ~ Ðrfioo ,....,,,.,,. Jl.1" (HI) JM..œll -- .....~..!:,...... .c-.... .,.. FfDJ I'UD MIIfr ". . EJdM~. - - !I()ML I~ Sbne No.1 01 1 _.... I ~ ! =~ ~~ ~~ ~! .~ ~~~ !>fu~ ;u! :J6i ø..uJ! +--!--+ (I. n) ~ Ø1"ICI:I ----------------------- ..-,.-'. i . . I ~-;-~.- -~- . . JNIf1 A.~· ~ ~ on ø..1 I 1::: ! ~J - I ~ I . ,. I g ¡. ~ . . ! 11 .1 I!ll -.~-,.._-" o I ~ I .J " I š I ~~ I ~; ~8 ;::).J to< ~- si , æ I? š~~ t:~: tJ0j":' w'~ ~¡¡. @) rill! I t 41:, ; ] J . _ Ic·····lilt . J ! cgs.. cnO cn- res>-' '". c: res ~O II.! ~ i Ii! g = ~ ¡:Q % I 8 ~, ¡ e ~ ¡ , ,J ~ ..0 ~ .c tIi ~ Q þJ ¡:¡ i cc ffi ... c :¡; DO q~ ~ffi~ - i 53 ~ w '" ~ ~ _ 0 o~ ~ 0= :s ~ õ ~ ~3 ~ ~ ~ < ~ :.~~~, ~ J gs ~ i @ ~~ = ~u~ . .. e e Agenda Item No. 68 October 12, 2004 Page ~8 of ,59 ' .. STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the copy of: TWentieth Judicial Circuit, Collier County, Florida, ~oo r-/"'1"; r-~ hereby certify that the foregoing is a true and corre~$ö >=: (.I) -'- Cl>r.:;? f"T'J- ,." -, -c :t:. "T -:-¡ :z b C/) == ;;;o~ .. 6..... ~ þ>rrJ \D Which was adopted by the Board of CountYCommiss10ners ,..,., = c::. "'-:I ~ CX7 I'\.J o " - r m o ORDINANCE 2002-07 on the 12th day of February, 2002, during Regular Session. '. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 19th day of February, 2002. . ...,......... . r . r to ~ ~ .13. '... . ....~ J ~ I~ " ''''':",_ a:- ....... DWIGHT E. BROCK/., \:-\'~ ....¿ ", Clerk ~f, courtE!.~·~a~, ,Cl'~~k ':'¿ \ Ex-off1C10 to ;BQarã 'of: '-". ,:.,~ : County Commissi&et$~:~~' ?', ~::./ . v '¿ ......~... . t;,~;a IJ.~' ,.~~; ;'j . 'r~I~: >y~ By: Ellie Roffman, Deputy Clerk 6 _ Agenda Item No. 68 _ October 12, 2004 Our Pebblebroolce Community Has a Voice: Page 49 of 59 WE DO NOT WANT TO BE A 3 GATED COMMUNITY (We prefer the efforts to go into creating a taller barrier that block the lights ef the North Shopping Centers.) Address 2. r 3. f f ¡jlltd /;I/t ij 4_ ð c¡ / ¡{¡~f ¡Jil\.L ¡Jf~ 5. 3~ I ß v...r ~ P~t--~ ~r. 6. ~ 8WlJ\{i PIN. /)r). 7. ~~Co ~('\)T ~\~ ~ 8. \\ß \b'-J'~~ ~ 9. ~6 q SWeêt - ~\i\.e.. 1.3rQ C+~f- ¡J~ /I 14. 3 'if {;!J.)T"-ei: (jtll~ A'~ ~ 15. çlt«' 5vU/r;1J ~ -- - LjµJJjJ(). tdlj¡~~ . ~/~ .".- ~ Agenda Item No. 68 October 12, 2004 Our Pebb/ebl'oo/œ Community Has a Voice: Page 50 of 59 WE DO NOT WANT TO BE A 3 GATED COMMUNITY - .e (We prefer the efforts to go into creatinga taller barrier that block the lights of the North Shopping Centers.) Address 1. ~O .' 2. óG 3.3 b 0 Sv£e7 ßI'J!f-)---ÁWc--- 4~ 3 &:, 0 SL.0 e-ef 15~ fA f1 ~ 5.371 5Weet ~ ~I)r: 6. ]'7& ~Gt- fA I'\-L 7. 3 Ltt rvL D~~ M~h I~ I rÆ41J ~A.V'l-- 8. S\.VC!~+ \(c. Leu') '9. <"3 cgj Sv~er .6av Lt:fI1~ , I 10. ~~ r £ (du-~¡ LÛLf'\e 11. 0 5wI¿ h ' 12. :5 ~ ö 13 ~14..1 gf c;¡/dt ,L'/1 Lh 15.2'8' -¥f~~ [¡tj fÎlUn- L~ ¿¡/.&' I '( I e e Agenda Item No. 68 October 12,2004 Page 51 of 59 OUr Pebblebrooke Community Has a Voice: WE DO NOT WANT TO BE A 3 GATED COMMUNITY (We prefer the efforts to go into creating a taller barrier that block the lights of the North Shopping Centers.) 4 '5 5. 3/).... lSðJf~~_..l~ i-A. 6. Address 1. 2. ;L~3 3. ~Dr ~ ·iA~ _.~. 7.2/;) 8. ~\> \\ \l ~~~. 14. 4 9. . 10. 320 11. 12. 3 ~ I 13.3 \ . 15. 3) .----- e e Agenda Item No. 68 October 12, 2004 Page 52 of 59 OW' Pebb/ebroolce COl1l11JUnity Has a Voice: WE DO NOT WANT TO BE A 3 GATED COMMUNITY (We prefer the efforts to go into creating a taller banier that block the Hghts of the North Shopping Centers.) Address Signature 3.·~ ì r \?>~}t;~r f>l ~ \)". t- , (: r c· ~___ tL~4 U....Q ~ ~ -4 5. d ü --y- /3¿~/l,A/f ~ þÑ' ct ):),{. I /) 6.$8 r:t ~ ~. 7. S~--s- ~u('d p~ ~ 8. 3 V S 11.37ß'ß0r 12. ~ ~ O¡ :Sll~ ~ 13. / 6v/l-./vr R,.v'L v 14. 15.33 e e Agenda Item No. 68 October 12, 2004 Page 53 of 59 Our PebblebrooJce Community Has a Voice: WE 00 NOT WANT TO BE A 3 GATED COMMUNITY (We prefer the· efforts to go into creating a taller barrier that block the lights of the North Shopping Centers.) 8. l.-z ).,r,;:¡ ($, è:. 9. ~~.o( ~ I~ 'd-~ 10. :'0)/ ~~ r~ ~. 11. 20~ ~fbIrr ' 12.30.:$ BWUJL:f-R4 13.ß03 SM-P~ J)(2.. 14 q 1ir\L C . 15.g~;)J ~lUr Address Signature' 1.636 ~.-p~ 2. ?:l-15 5uJ¿: ¿¡ BtJy,lAi , 3. 3YS SUlR~+- f.;q LrJ 4 5. 6.. 7. ;:).bD 13..,p-j\tr ~~.1Vf: Ùfl.\c;'V ~."'"'..'-»_._.-"'-.- e e Agenda Item No. 68 October 12, 2004 Page 54 of 59 OUr Pebb/ebrooke Community Has a Voice: WE DO NOT WANT TO BE "A 3 GATED COMMUNITY (We prefer the efforts to g~ into creating a taller barrier that block the lights of the North Shopping Centers.) Address &~? ø l¡;(kt.-w ~"" , ell\.' 1. tvÞ-p l&-s, Pi... "31.{ l Lt;] 8~l'3 'I #0110 G.V B'rOok. .(£ I R:... 2. tJ 4. I ~J - ¡. '3 J I ~ g Hollow rðo t::.e c.',re...e 3. N~ l~s. rL- -:,4 q iJl¿¡~ f/D/low 13nJð){e G~. 4 M Ie '=H- . 3¥/1'l 5. ì tf tNL,JT ~~ 6. 7 tp Cbur nt .. ," dr, 7. 80 ~,.)lz".A Q~ ~. 8. 13t, í.5U(l-v~~:; 'f' ~.1. 9. öt &vv,./~ 0. ~~ 10. lfl ~,^r,,1 ?J^, . Drr2?6 '. II. 'Y'l.~'\tlrl~ <Þ. ~'~." _. '.~ 12. ! 3 &u.J. fZl£e W ~ 13. g>¡ ~" I 4v~ .Ò, -;:f"2c- 4~ . ìr1'7Bv(i"I+ Pl/h~ L.:r. . , 14. I " , '5' /?1~/h/Y" ' 15. rNf- f/;N<f. {, ~d'~~~ e e Agenda Item No. 6B October 12, 2004 Page 55 of 59 Our Pebblebroolce Community Has a Voice: WE DO NOT WANT TO BE A 3 GATED COMMUNITY . (We prefer the efforts to go into creating a taller barrier that block the lights. of the North Shopping Centers.) Situr 1. :19j .ßðr* rlhe-~. ~~( , · ~ t"<,,,\ ~\~~'ù: _I~ ¡~ 4. Z11 f'J"'''>\~ Qì lÅ.. lìK- ~~.fJL~. 5. <!~ It> II, fA) ß (fJð~ s.~ ~ 6.2A-1\ tioUof» t7~\:. .. ~ ~ 7. fJ~ f61lJ rem ~ 8. '11 - 1 ;fo/~~-:ß~ Address 2. 1;\ \ . . 3. 2 f , \-\ 0 ()...(Y e.. . 10. w&oo 11. ¥.t¡~ I fÞ>Jlo~ ßYêS{)k.,¿ l t;' 12.&LfSJ- ~o\\o,-,ßt"IJD~ 13. 8qJD ~ ~ 14. '¡tf~ . .¡)rK!ðl.V' 73~~~ 15.Z''-/ ¿;!J <JI.rJ LI If ~ AoÞ 11.;J- ~ ~ Cí)fWiio) O~ J'tY!c~ {l~~~ e e Agenda Item No. 68 October 12, 2004 Page 56 of 59 OUr Pebb/ebroolce CommU1J.ity Has a Voice: WE DO NOT WANT TO BE A 3 GATED COMMUNITY (We prefer the efforts to go into creating a taller barrier that block the lights of the North Shopping Centers.) , SÜmature .~ 6!lOW B('OQk~... 91-7G( ~ dQ ~~ Q<. '73 lttJu.FP<ÁR- Ìr. - ;¿-l~' l..oq ~uùt-t P;ÀJL (J)ý 8. 9. 10. 13. H 11<;. ~ ~I\ ~y \t 103 ~i\ ~ 14. f31'S ð·S/1~.v c,''L -"'/0/ / ~ 15. ~3 b5 &~ dtost. (',,.. F/)V 3 ~ /!¡//~ e e Agenda Item No. 68 October 12, 2004 Page 57 of 59 Our Pebblebrooke Community Has a Voice: WE DO NOT WANT TO BE A 3 GATED COMMUNITY (We prefer the efforts to go into creating a taller barrier that block the lights of the North Shopping Centers.) . Ç"J;ð u. c...~ f So \ A~/... (It.. ¿¡O¿'I. 1 t.. ¡/I' t¡v t.¡ 11. 15. \3 ~ e e Agenda Item No. 68 October 12,2004 Page 58 of 59 Our Pebblebroolce Community Has a Voice: . WE DO NOT WANT TO BE A 3 GATED COMMUNITY (We prefer the efforts to go into creating a taller barrier that block the lights of the North Shopping Centers.) Address Signature 1. "~375 ,ð.~ Acaf?/V C'ÆCl.'é /J .~~ 2. '6? 7~ f':1¡',){ 00'\ f,'" ~ --fl1 ~___ 3. r?.3 <!, $' IJ., J JJ c,q,.. f\ C, ~ I ~ ~,-",!Jz¿ 4.e3~ç-:{J/~ AJ"OJ.êA/ C//u"jp ;t:-.e~.;;£<~11T I?;i) bUrn f /í/}{ J;e, ~UJÆCv/1I:J 5. c5í'¿ 6. /2i) ~t .7. I)-b/J~ ~ 8. 9. n.. 2. ¿ '-".....~ ?~ 13. 9 š ?v ~&V-¡. /..)IÍ? [ Í) r . Ç'I.{' '(1ft r YJ'ftO' 0 LKA ;~"'P JAìe Þ1;;:,!¡tJ,JD - 14. /ùs- ßt..Il".,+ ~....~ ,G)r 15. e e . Agenda Item No. 68 October 12, 2004 Page 59· of 59 Ow Pebblebrooke Community Has a Voice: WE DO NOT WANT TO BE A 3 GATED COMMUNITY (We prefer the efforts to go into creating a taller barrier that block the lights of the North Shopping Centers.) , Address ;ø ð ø.-. YI '-q)~, f Q l~'f ~Ç"\ (,.,¡~ -oS mlt" 1. / '11 AdlJíÍ tj)/IIA?Il. 2. l\\ ~ P~'-Þ O~ 3. ì 1'6 ~l.. r .()-\(J ~e \) \" 14. \ ~S ßLArf'\'~-'?' W L ~ (òh., t'\~ P~Y\~ \}('" s.Cff /3 6. . 7.1 I fJe 8. 1;).3 Burnt -\\ne-D(. 9. \~3 10. 11./31 "'lI..ui f: 1\11.. r>£ 12. e.. \Y. 13. ~aAI?1f- I tf'W- t::)I'" 15. --_.._-----'"_._._.,.,,-,..-.,,~. -.. Agenda Item No.7 A October 12, 2004 Page 1 of 52 ,- EXECUTIVE SUMMARY VA-2004-AR-6067 Robert K. and Ruth P. Garee, property owners, requesting variances in the Lely Country Club PUD Zoning District (Ordinance No. 84-85, PUD Document Section 3.4.4.B.) as follows: 1) a 5-foot variance from the required IS-foot, two story side yard setback, to allow a 10-foot side yard setback adjacent to Lot 13; 2) a 6-foot S-inch variance from the required 15-foot, two-story side yard setback to allow an 8-foot 7-inch side yard setback adjacent to Lot 11; and 3) a I-foot ll-inch variance from the maximum wall height of 6 feet as required by LDC Section 2.6.11.2.2., to allow a garden wall height of 7 feet 11 inches adjacent to Lot 13. The property is located at 234 Palmetto Dunes Circle; further described as Lot 12, Palmetto Dunes at Lely Country Club, in Section 20, Township 50 South, Range 26 East, Collier County, Florida. OBJECTIVE: That the Board of County Commissioners consider the above-referenced variance application and render a decision regarding the petition in compliance with all applicable codes and regulations to ensure that the community's interests are maintained. r-- CONSIDERATIONS: The applicants are requesting variances in the Lely Country Club PUD Zoning District (Ordinance No. 84-85, PUD Document Section 3.4.4.B.) from the required setback to add a . second story onto a portion of the house, because this particular PUD requires a larger setback for two-story homes (15 feet instead of 10 feet). Research into that variance revealed that the existing house had been constructed on the property in a somewhat skewed fashion, and the existing house in fact does not comply with setback requirements along the side opposite the planned second story (Lot 11). This petition seeks to rectify all past encroachments as weB as addressing the second story addition that is planned. FISCAL IMP ACT: The approval of this variance 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 issues are addressed. The County collects impact fees before the issuance of building permits to help offset the impacts of each new development on public facilities. The petitioners are seeking the variances to allow construction of a second story addition to the existing house. Any construction would require buiding permits to be approved. The 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 faB below adopted standards, a mechanism is in place to stop CU-2003-AR-3648 -rad3A715.tmp Page 1 of 3 Agenda Item No. 7A October 12, 2004 Page 2 of 52 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. In addition, the property will be required to pay ad valorem taxes. GROWTH MANAGEMENT PLAN IMPACT: The land use for the site is designated as Urban Residential on the County's Future Land Use Map. The Growth Management Plan (GMP) does not address individual variance requests; it deals with the larger issue of the actual use. As previously noted, the subject petition seeks a variance to allow a second story to be added to an existing single-family home site that is located within a single-family subdivision, which is an authorized use in this land use designation, therefore, the single-family home use is consistent with the Future Land Use Map. Based upon the above analysis, staff concludes that the proposed use for the subject site is consistent with the Future Land Use Element. ENVIRONMENTAL ISSUES: Environmental Review staff evaluated this petition and determined that there are no environmental issues that need to be addressed at this time. The Environmental Advisory Council (EAC) did not hear this petition because an Environmental Impact Statement (EIS) was not required by the LDC. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard this petition on September 2, 2004. A motion was made by Commissioner Strain and seconded by Mr. Murray to recommend approval of this petition as limited in the recommendation from staff. The motion carried 5 to 3. The CCPC recommendation is listed below: The Collier County Planning Commission recommends approval of a variance from the 10-foot, single-story setback requirement of the Lely Country Club PUD Zoning District (Ordinance No. 84-85, PUD Document Section 3.4.4.8.), to allow an 8-foot 8 \;i-inch setback along the property boundary abutting Lot II, which would be a I-foot 3 \;i-inch variance. The CCPC recommends approval of Request 3, seeking a I-foot It-inch variance from the maximum wall height of 6 feet as required by LDC Section 2.6.11.2.2., to allow a garden wall height of 7 feet 11 inches adjacent to Lot 13. However, the CCPC recommends that Request 1 (to allow a 10 foot side setback instead of a 15 foot setback along Lot 13), and Request 2 (to allow an 8-foot, 7 inch side setback instead of a 15 foot setback along Lot 11) be denied, thus in effect recommending denial of the variance to allow for the construction of the second story. STAFF RECOMMENDATION: -. Staff analyzed the guidelines associated with the variance request, and determined that there were no conditions that ameliorate the impact of the proposed second story encroachment, because the lots on either side of the structure are developed with single-story, single-family CU-2003-AR-3648 -rad3A715.tmp Page 2 of3 Agenda Item No.7 A October 12,2004 Page 3 of 52 homes. There are no land-related hardships associated with the variance; however, the existing house is not code compliant due to errors made during permit issuance in 1982. Those errors could cause an "undue hardship [and] create practical difficulties fòr the applicant" if some variance relief is not granted to recognize the errors. The petitioners would be able to enjoy a reasonable use of the land whether the variance is approved or not, however structural changes to the home would be required to bring the home into complete compliance. Staff recommended that the Collier County Planning Commission recommend approval of a variance &om the 10- foot, single-story setback requirement of the Lely Country Club PUD Zoning District (Ordinance No. 84-85, PUD Document Section 3.4.4.B.), to allow an 8-foot 8 'l2-inch setback along the property boundary abutting Lot 11, which would be a I-foot 3'l2-inch variance. Furthermore, staff recommends approval of Request 3, seeking a I-foot II-inch variance &om the maximum wall height of 6 feet as required by LDC Section 2.6.11.2.2., to allow a garden wall height of 7 feet 11 inches adjacent to Lot 13. However, staff recommended that the CCPC forward Request 1 (to allow aID foot side setback instead of a 15 foot setback along Lot 13), and Request 2 (to allow an 8-foot, 7 inch side setback instead of a 15 foot setback along Lot 11) of this variance petition to the Board of Zoning Appeals with a recommendation of denial. PREPARED BY: KAY DESELEM, AICP, PRINCIPAL PLANNER DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW C U-2003-AR-3648 -rad3A 715. tmp Page 3 of 3 Item Number Item Summ.ry Meeting D... Agonda 110m No.7 A October 12. 2004 Pao. 4. {)f 52 COLLIER COUNTY BOARD Of COUNTY COMMIS61DNERS 7A Th( j. it.,rn requires thaI all particrpants be fiworn in find e'( pArte di5Ci{}RUre be provided by ComlTliSijlon m~mbtm!o. Rob( rt K. "nd R~ th p, GarelJ, proper;". ownurs, reqult'Sling v.orj(lnC:~8 in tht! Lf!ly Country I:IUII PUD Zorling Di8~lict (OrdhISI\l:ð Nu. 1'1. ·85, PUD Du{:uJ'I'lt;nl $tlC;tiDn J ,4." 8.) Jaifl followl': 1 J a 5·'00t vatiancp. from thE\ r~ClUlred 15 .foot, two story ¡¡ide Yllrd 1I;etbl:lck, to Rlløw a 10·foot 'Iide yard øetbaak lidjilcent If) Lot 13; 2) II 6·100t 5-inch "Atìøoçe fmm tht! r't!q\Jirf!d HHout tw¢"Sfory ,idl!i yanl Bt!tbfll:k ti) :!InCIW fin 6..fM! 7·'¡tW~lliiIJ~ yard Betbøck adjacentto Lot 11; Bnd 3) al·foot 11 -inc:h varii!lflcI'J from tt1e muimum well height of 6 teel fiB r~q\J¡red by LDe Se-r.tion 2.13.11.2.2" to allow A garden willi ht'i[lht of 7 feet 11 inchlt8 "d.l"l;cmt to 1.1)t 1 :~, T~,~ pr()ptlrty ¡!Ii InCfltt!d øt 234 Pl!lltl\~U( Dunft~ Gírcl~; f,!j'tht!r def;cribed 815 Lot 12, Palmetto DlJne!. at Lely Country Club, in S(!ction 20. Town!.hip 50 Soutt), Range 26 East, Collier County, Florída 10/12(:'00.01 9:00:00 AM Prepared By 9l11i20D4 2:4'7:59 Nt" Kay OeIUllerl\, AICP CommunJty Devclopml!!l'1t & Environmental 5~rvicelõ DatI!" Pl'iIH.:ip...r PhHlllt1r ZOI,rnrJ 8. Land D11\Vðlopmœnt RI1I.."jltw 0... Approved By flay Bellows Community Davf!lcpmflnt & Environme-nt., Ser\l~C~5 Chief P!ann-er l.onln!;! &. LaM Ofl\l~ (\pMe"t Ravlew SllO/l004 12:21 P'M Datt! Approved By Su.a~' Murray, Alt':P Community )C\w!c)ptnen1 & En\lirollml!'ntal $Cfl/ict!'5 Zoning & L.and Oovl1ilopm4':nt Dlrcctor 7,( Iing & !..;uHi O"vrlloplnm'Jt R"'virrw 912212DO" 9:HI AM Dalre Approved By 5Qndrll LO'(1 CQrmTlunily O~\lelapm~f'lt" En\l rl)n",~"1 nl.\/trvì(:es. E.u:C01Ivt! S'II'I:mtlrV COITll'nunity Ol!l\ll!!loJmumt & Environmf!nt/J! Services Arltn n. 9/22120044:41 PM Ontl! Approved By J05Ðþh K, Sc:hmltt Com,nul'llty Df!;\(t~1()pmef)1 &. Envlronlnental5eJ'lllcC'1I (;eommUl1lty O~...~ opmr.nt & Envirann1Iþnt.., S~t\{¡(;O& AdminatrQltor Ccun,"unlty Dflvtdnþlnenl & Envirot1ml!'1I1al Servic~BAdmill. 9.'22/20D4 a :57 PM D_t41 Approved By Ptlt Lehnhnrd C(J\I my M3.II¡¡ger's Ol'fl(.:e AdmimstrativCl ASSliot"nt Office of Mal1i1gtitnt!nt & BUd\ilet 9123/20042;33 PM Q.ate Approved By Ma.rk !.$<Jt-kllcm Ctl\lnt~ Man"gf!r'a Office Budgf!t Är\¡ y'St Office of Manavtlm'tlnt & Budgel 9127/20049:45 AM D"," Approved By Michael Sm)'kowski County P'\I¡1I'Iagcr's Offico Manngernrenl: Ho BUdgl!lt Dirnctor Office of MftnagltlTlltl1t 8. B\Jf1oet 0/30/200(1):14 AM nallþ Approved By Jaml!ln V, Mudd Board 01 Cøu"ty ('.ornmi$lôi(\n~MI (;olmlY Mlln..gm CCII.m1:Y MJAtwg.r'.>f. Oftl<;re ~130120D4 7:50 PM -~.~_.~.~-~---_.__.- Agenda Item NO.7 A October 12, 2004 Page 5 of 52 eo1flr County - '-~ - STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: SEPTEMBER 2, 2004 SUBJECT: PETITION V A-2004-AR-6067 PROPERTY OWNER/AGENT: OWNER: Robert K & Ruth P. Garee 234 Palmetto Dunes Circle Naples, FL 34105 AGENT: None REQUESTED ACTION: The applicants are requesting variances in the Lely Country Club PUD Zoning District (Ordinance No. 84-85, PUD Document Section 3.4.4.B.) as follows: 1) A 5-foot variance from the required IS-foot, two story side yard setback, to allow a lO-foot side yard setback adjacent to Lot 13; and 2) A 6-foot 5-inch variance from the required IS-foot, two-story side yard setback to allow an 8- foot 7-inch side yard setback adjacent to Lot 11; and 3) A I-foot II-inch variance from the maximum wall height of 6 feet as required by LDC Section 2.6.11.2.2., to allow a garden wall height of 7 feet 11 inches adjacent to Lot 13. The petitioners originally sought a variance from the required setback to add a second story onto a portion of the house, because this particular PUD requires a larger setback for two-story homes (15 feet instead of 10 feet). Research into that variance revealed that the existing house had been constructed on the property in a somewhat skewed fashion, and the existing house in fact does not comply with setback requirements along the side opposite the planned second story (Lot 11). This petition seeks to rectify all past encroachments as well as addressing the second story addition that is planned. GEOGRAPHIC LOCATION: The property is located at 234 Palmetto Dunes Circle; further described as Lot 12, Palmetto Dunes at Lely Country Club, in Section 20, Township 50 South, Range 26 East, Collier County, Florida. VA-2004-AR-6067-Garee Petition September 2, 2004 cepe hearing Page 1 of 8 Agenda Item No. 7A October 12, 2004 Page 6 of 52 PURPOSEIDESCRIPTION OF PROJECT: As previously mentioned, the petitioners are seeking this variance so they can add a second story onto a portion of the existing house that is located within Tract D of the Lely Country Club PUD (Ordinance Number 84-85). Below is an excerpt from the petitioners' plans that shows the existing structure and the proposed addition. ~ -~''- ,..,..,. - .:!:.; ........ - "*"', ..... -~ I I I = ~""- :;;:f;l' I I trf'-, r : : ~ "",'<II l ~ J 1 . - -. - -. --",¡¡¡¡,..". -.'- -1 -,- ----------......J ---~~,._--- (JiJ :.~~ut\9 5¡te Plan , ¡, , . , ¡: I , II' r ....: -~ ..h!ltfft... If;! ¡=~ ~ ~~~ i I ¡ , ~. c - t- - -.'~.... ---j -_:~~-~:;. -- œ Pr~O&ed $1\:' ~ :; ..·.t ~ The setbacks for this site are noted below in a passage from Ordinance Number 84-85. '1'MC'I'J C. '0, P., G ,..It ill 1"3 ~¡¡ao or ø SI1IC1.1 r.!IHn.'l UII II. H' Ìf! S.2 ~tMUM DIMIITY A ...xl.MIII of U' ". dl'l9'10 ra1llUy. dotach" ....J.dttnt1d un't. ..y b.~n.trüet.d in tho ~.ly Count~y Club project. TiM .!.nth haUy. hoaeaUu thoU be 4htdb\Jt.d &aOu.nt t:.b. HYel'd .11UJ1. falllUy rodd.nth1 tucU .. foUowl' 'l'JAC'f e, . ...1aut of U hou.H:... TØI.<:1' Þ. A lIIu1_ ot 130 boIMdt... ."^"-,y-..................-.9-~...... \'JItAC'f G. . ..tea...- of Sf bane'Lt... TRACT H, a m..1mum ot... 12 ~.1t... 3.4.4. MINXMUM VARO$ A. 'font yard . l~ ft. .. Side yard . OtI~-Hl:\r:t, lO tt., t~.to~ U h. This petition contains three specific variance requests. Part 1 seeks relief from the side setback to allow construction of the second story, specifically addressing the lot line shared with Lot 13. Along this lot line, the subject site complies with the IO-foot wide single story side yard setback, but the second story addition would not comply with the two-story setback requirement. Part 2 seeks relief from the side setback shared with Lot 11. Along this side, the existing structure is located within 8 feet 8.5 inches of the lot line, which does not meet the required 10-foot side setback for the existing single story structure or the proposed two-story addition. The petitioners also want to add onto the garage; that garage extension would further encroach into the required setback along Lot 11, because the house sits skewed on the lot. That garage addition would encroach I 1iz inches more into the VA-2004-AR-6067-Garee Petition September 2, 2004 CCPC hearing Page 2 of 8 Agenda Item No. 7 A October 12, 2004 Page 7 of 52 setback than the existing structure. Part 3 seeks relief for an existing "garden" wall that was constructed in 1982 as part of the original home's construction. The Land Development Code allows a garden wall height of 6 feet and this wall is 7 feet 11 inches high. The wall is shown in the photos on the next page. A previous owner constructed the existing house and pool in 1982 with proper building permits issued by Collier County. However, the building permits indicated that the required side setback was 8.75 feet, which is incorrect. The house was constructed in compliance with the erroneous setbacks. The petitioners purchased the home in 2001, With this variance application, the petitioners submitted a letter dated February 13, 2004 from the Lely Country Club Property Owners Association, Inc. that granted a variance (from the property owners' covenants) from the side setback requirement of 15 feet to allow a 10-foot setback along the west boundary. Additionally, the petitioners have submitted letters of no objection and signed petitions from several neighbors along Palmetto Dunes Circle. Included in those names are the owners of the Lots 11 and 13, which are the adjacent lots on either side, and the owners of the lots immediately across Palmetto Dunes Circle. Several persons residing on Torrey Pines Point, which is the road across the golf course from the subject site, also signed the letters. Staff has received an e- mail message and a letter in opposition to the petition. All correspondence has been included in the Collier County Planning Commission members' packets. SURROUNDING LAND USE & ZONING: North: East: South: West: Single-family home, zoned PUD (Lely Country Club PUD) Palmetto Dunes Circle, then single-family home, zoned PUD (Lely Country Club PUD) Single-family home, zoned PUD (Lely Resort Country PUD) Golf course green in Lely Country Club, zoned PUD (Lely Country Club PUD) V A-2004-AR-6067 -Garee Petition September 2,2004 CCPC hearing Page 3 of 8 Location Map Close up aerial Zoomed out aerial VA-2004-AR-6067-Garee Petition September 2, 2004 CCPC hearing Page 4 of 8 Agenda Item No, 7A October 12,2004 Page 8 of 52 Agenda Item No. 7A October 12, 2004 Page 9 of 52 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The site is designated as Urban Residential Land Use on the County's Future Land Use Map. The Growth Management Plan does not address individual variance requests; it deals with the larger issue of the actual use. As previously noted, the subject petition seeks a variance to allow a second story to be added to an existing single-family home site that is located within a single-family subdivision, which is an authorized use in this land use designation, therefore, the single-family home use is consistent with the Future Land Use Map. Based upon the above analysis, staff concludes that the proposed use for the subject site is consistent with the Future Land Use Element. ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals (BZA) to grant variances. The Collier County Planning Commission (CCPe) is advisory to the BZA and utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which are general guidelines to be used to assist the CCPC in making a detennination. Staff has analyzed this petition and offers the responses to the items in Section 2.7.5.6 as follows: a. Are there special conditions and circumstances existing, which are peculiar to the location, size, and characteristics of the land, structure, or building involved? There is no land-related hardship, The lot is situated in a platted, developed subdivision. All surrounding lots are developed with single-family homes. Absent this variance approval, the petitioners would still have reasonable use of the property. b. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which is the subject of the variance request? Yes. As previously noted, the current owners purchased the subject property after the house was constructed on the property. The existing house was constructed with pennits in 1982, but those penn its were apparently issued in error because the house did not meet the required side setback along the lot line shared with Lot 11. c. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? Yes. If some allowances are not made, the petitioners would be forced to remove a portion of the existing house to bring the structure into compliance with the side setback requirements for a single story house. At a minimum, the petitioner would need a variance from the single- story setback requirement to recognize the 8-foot, 8 Y2-inch setback, which would be a I-foot, 3Y2 inch-variance. This could create an "undue hardship on the applicant" and "create practical difficulties for the applicant." VA-2004-AR-6067-Garee Petition September 2,2004 CCPC hearing Page 5 of 8 ,",",-""""""",-~.""--;"""""""-,,",,.,,," Agenda Item No. 7A October 12, 2004 Page 10 of 52 LDC Section 2.6.4.2 would allow the petitioners to receive administrative approval of a variance to rectify the single-story setback encroachment. Staff determined that since the petitioners were going to seek a variance from the two-story requirements anyway, the petitioners could submit one application rather than submitting a public hearing application and an administrative variance application, thus saving the petitioners the additional expense of an administrative variance petition. Although the actual circumstances of the original permit issuance are unknown, it is interesting to note that the building permit application contained errors and omitted vital information that could have contributed to the county's error (see attached copy of the building permit application). The application indicated that the subject property was located in the Lely Golf Estates subdivision, which is incorrect. The subject property is located in the Palmetto Dunes at Lely Country Club subdivision. The Lely Golf Estates subdivision is zoned RSF-3, which has a side setback requirement of 7.5 feet, rather than the 1O-foot setback of the Palmetto Dunes at Lely Country Club subdivision. The building permit lacked the required zoning information also. The zoning of the site and the ordinance standards were not listed. Approval of Part 3 of the variance request seeking relief from the garden wall height is appropriate because the wall has existed at the current height since its original construction in 1982 without any apparent detrimental effect upon the property owner abutting that wall (Lot 13). If no problem has occurred within the last 22 years, it seems reasonable to assume that the wall does not create any problem. However, there is another issue to consider. The existing home could not have been constructed on this lot if it had been required to meet the side setbacks because the structure is too large. The site plan could not have been revised to meet the 10-foot side setback along Lot 11 without making the house smaller because only a minimum setback was provided along Lot 13. To now allow the property owner to increase the mass of the structure by adding a second story raises an issue of compatibility because the resulting home may be larger than any other home in the areas and thus out of character with the neighborhood. d. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? No. As previously noted, the variances requested are not essential to allow a reasonable use of the existing single-family home, as a single-story structure. Staff has identified the variance that would be required to bring the existing structure into compliance and thus allow the continued use of the existing single story structure should the CCPC and the Board desire to pursue that avenue. However, the petitioners are also seeking to add a second story, The variances being sought for that purpose are the minimum variances to allow the construction of the second story. Any action, either approval or denial, of this petition should not have any impact upon the standards of health, safety, and welfare. e. Will granting the variance confer on the applicant any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes. A variance, by definition, confers some dimensional departure from the regulations. VA-2004-AR-6067-Garee Petition September 2, 2004 CCPC hearing Page 6 of 8 Agenda Item No, 7 A October 12, 2004 Page 11of 52 f. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? No. It appears that approval of the requested variances would be out of character with the neighborhood. Within the 121 lots of Palmetto Dunes, there are only two other two-story homes. One is located on an oversized cul-de-sac lot, and the other is located diagonally across the street from the subject property. The home across the street sits much further from the roadway, and thus does not appear to be an imposing structure. The garage at that home sits at the 25-foot street setback line, but the two-story home sits approximately 55 feet from the street. The subject site seeking the variance proposed the two-story addition to be located approximately 31 feet from the roadway. g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? No. h. Will granting the variance be consistent with the Growth Management Plan? Approval of this variance petition will not affect or change the requirements of the Growth Management Plan. EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear variance petitions, and did not hear this variance. RECOMMENDATION: Staff has analyzed the guidelines associated with the variance request, and has determined that there are no conditions that ameliorate the impact of the proposed second story encroachment, because the lots on either side of the structure are developed with single-story, single-family homes. There are no land-related hardships associated with the variance; however, the existing house is not code compliant due to errors made by the county in the permit issuance in 1982. Those errors could cause an "undue hardship [and] create practical difficulties for the applicant" if some variance relief is not granted to recognize the errors. The petitioners would be able to enjoy a reasonable use of the land whether the variance is approved or not, however structural changes to the home would be required to bring the home into complete compliance. Staff recommends that the Collier County Planning Commission recommend approval of a variance from the 10-foot, single-story setback requirement of the Lely Country Club PUD Zoning District (Ordinance No. 84-85, PUD Document Section 3.4.4.B.), to allow an 8-foot 8 Y2-inch setback along the property boundary abutting Lot 11, which would be a I-foot 3 Y2-inch variance. Furthermore, staff recommends approval of Request 3, seeking a I-foot II-inch variance from the maximum wall height of 6 feet as required by LDC Section 2.6.11.2.2., to allow a garden wall height of 7 feet 11 inches adjacent to Lot 13. However, staff recommends that the CCPC forward Request 1 (to allow a 10 foot side setback instead of a 15 foot setback along Lot 13), and Request 2 (to allow an 8-foot, 7 inch side setback instead of a 15 foot setback along Lot 11) of this variance petition to the Board of Zoning Appeals with a recommendation of denial. VA-2004-AR-6067-Garee Petition September 2, 2004 CCPC hearing Page 7 of 8 Agenda Item No. 7 A October 12,2004 Page 12 of 52 PREPARED BY: KAY DESELEM, AICP, PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: RAY BELLOWS, CHIEF PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW SUSAN MORRAY, AICP, DIRECTOR DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMIIT, ADMINISTRATOR DA TE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION RUSSELL A, BUDD, CHAIRMAN DATE Tentatively scheduled for the October 12,2004 Board of County Commissioners Meeting V A-2004-AR-6067 -Garee Petition September 2, 2004 CCPC hearing Page 8 of 8 «-;;tN !,-OLCJ ,0_ ON 0 Z -M N..- E"- (])....(]) _(])O) -.ero roOD.. -0(3 ~O 0) « ~ ~ Pi ~ ~ - 0 š ~ . ¡ ~ ~ '" ~ ~ . ~ ~ < ~I :g~ ~g ;rŠ8 "'~ ;¡u ~8 ¡g§ ~~ ~~ '" ~s O.L ..ON / - Z:- ~ ~Î ~~ "~ ~~ ~i Zg ~.....'O IJWIIaTIOI &T1OO . §~ ~ 0 -r ¡ .. -~ . >' ~ :¡ ( ~ ! h- I i'~ ~ ª â ~ . s ~ r ! Dr ~ ! ~ ~ i!I a. « ::2: W I- - en .... II) o II) , ex: < . 'It" o C'" ( ~I =II: Z o l- I- W D.. a. « ::2: z o I- « ü o ....J Agenda Item No. 7A October 12, 2004 Page 14 of 52 ,- ------.---."'-.- .. Agenda Item No. 7A October 12, 2004 Page 15 of 52 (i) i ". :) '"'. ~., r, r; :...... 'r j'f ~+- V ARlANCE PETITION (VARIANCE FROM SETBACK (S) REQUIRED FOR A PARTICULAR ZONING DISTRICT) V A-2004-AR-6067 Project # 2004040049 Robert Garee June 14,2004 Date Petition Received: Planner Assigned: /)A.j/¥!JeÚt-"l. ABU\' !, TO BE COMPLETED BY STAFF GENERAL INFORMATION: Petitioner's Name: Robert K. and Ruth P. Garee Petitioner's Address: 234 Palmetto Dunes Circle NAp h... FT 1/.111 Telephone: (?10) 77l._7RO? Fax#: (239) 774-1025 E-Mail Address:robert2:aree@cs.com Agent's Name: Agent's Address: Telephone: Fax#: E-Mail Address: * Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE· NAPLES, FL 34104 PHONE (941) 403-2400IFAX (941) 643-6968 Page 1 . Revised 4/03 .. Agenda Item No. 7 A Complete the following for all Association(s) affiliated with this petition, (Provide additional October 12, 2004 sheets if necessary) Page 16 of 52 Name of Homeowner Asšociatlon: Lely C. C. Property Owners Association, Inc. Mailing Address City Naples P.O. Box 10997 State.n........Zip 34101 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 PROPERTY DESCRIPTION: Legal DescripRon of Subject Property: rQ.IM..~DuI'\Q..~L Subdivision: Le1y Country Club Unit Lot (s) 12 Block (s) Section 20 Twp. 50 Range 26 Property I.D, # 55250480001 Acreage Number: Metes & Bounds Description: 11, 13 and Roval Palm Country Club Golf Course. Address of Subject Property: 234 Palmetto Dunes Circle (If different from Petitioner's address) '--" Current Zoning and Land use of Subject Parcel: Single Family Home ! ~ Agenda Item No. 7A October 12, 2004 Page 17 of 52 Adjacent Zoning & Land Use: ZONING LAND USE Single Family Home N PUD S PUD W PUD E PUD Single Family Home Golf Course Single Family Home Minimum Yard Requirements for Subject Property: Front: 25 Comer Lot: Yes 0 No Iù Side: 10 Waterfront Lot: Yes 0 No [!] Rear: 25 Nature of Petition Agenda Item No.7 A October 12, 2004 Page 18 of 52 Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e, reduce front setback from 25' to IS'; when property owner purchased property; when existing principal structure was built (include building permit number (s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. Modifications To Existing Single Family House House was built in 1982, Permit #82-3048. #1 Add second floor over a portion of house. Reduce reauired 15' side set back to existine: 8' 9". /12 Add 6'6" to front of ¡ara¡e. Front set back will not require vAriAncê. Sine RAt n~~k to mAt~h AX;R~ing wi" n__An ton hili t*øthll'"'Þtf' ton A' 7" a~ å~~.p. ~v~,.~qg ai~. aet Þ,~kg .. 8'6" 1A li9u of 10' ag required by PUD. #4 Accept existing garden wall height at 7'11". Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of zoning Appeals, and that the Board of zoning appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1-8). (Please address this criteria using additional pages if necessary. ) I. Are there special conditions and circumstances existing which are peculiar to the location. size and characteristics of the land. structure, or building involved. Existing side set backs are less than 10'. 2. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-e,dsting conditions relative to the property which is the subject of the variance request, House side set backs to remain as it was built in 1982. 3. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. Yes 4. Will the variance. if granted. be the minimum variance that will make possible the reasonable use of the land. building or structure and which promote standards of health, safety or welfare. Yes 5. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulaùons to other lands. buildings, or structures in the same zoning district. No Agenda Item No. 7A October 12, 2004 Page 19 of 52 Agenda Item No. 7A October 12, 2004 Page 20 of 52 6. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Yes 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the.regulation such as natura! preserves, lakes. golf course, etc. Golf Course is across entire back of property. Variance docs not affect Golf Course. 8. Will granting the variance be consistent with the growth management plan. Yes .. Section 2.7.2.3.2 (3) of the Land Development Code requires an applicant to remove their public hearing advertising sign (s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign (8) immediately . - , Sa.un of Petition Agenda Item No.7 A October 12, 2004 Page 21 of 52 Provide a detai\eod eJtplanation of the reque~1 including what SIruCIUn:s are e.'iMing und ~ha( ¡, prop0~: the amount of encroachment proposed u.'mg numbel!>. I.e. reduce front M:tback from 25' to 18'; when propeny owner purchased pmpeny; when exi!otin¡ principal st/'U,"lurc was buill (Include building permit number (s) if possible); why encl'Oachmenl IS necessary; how e i,istmg encroachment Ciime 10 be; etc. Modifi~ation To Existin2 Sin2le Familv House House was built in 1982, Permit #82-3048. ----- -.~}_ Ad!...!!.~nd ..!.loor £!eL.!_e~io~ ..?.~_~~~~!-=-.~duce _..:..e.~'!.~E.e~__.__ . _. ~__r.-.!!.c!!....!.!.Lka£.~. ";'Q...!!ist:!E&..JJl r~__._ ._. ____ __ . _ _. _.___ ______ --..__Ji.2.__.Ad.d....6.'C- .!:o.....f.=~-JJf...gua.ge.... ....Exan!: -Bat...h.a.c.k...ldl..L.naL-. _.... ._._____ .. ---1'4HtU-i-l'e -¥M'1aø:e~-&{-cI&-eet---&-* -~IreK4:Mifts-wH:-l-fteed-----_ _._ _--!E_I!~. E~.!!.u£.!.cL t:£..~~J'~~ ..______. _ .._. _. _.._._____. _.___ _.~LA.~c!!P! J~_xi!!UJUt_..1I.we-'l~L.Þ.ª'_'=~A.t.....B.'S~_ ;l.n....li2u....a.f_.lD.!-.a.s._. _._ __. _.....req,l1.Ú:ed...hy_.EIlIl..._______ __" ,,_ __.__ ___._ _.____.__"._.___ _ _______.__ -·--#4.--..Ac.çap4õ-~iÐ8_ßa£d---U·.he_ight;.."H~IH1~. ... ___.__ ___..____... ..------.--.---.-..-.---- '-"--'" "--- -.-- ..-----.----- .....-.... '--.--...-.-- -..-----..- --- --'- ----_._-~'-----._- ..'-.-- "--'-' -----..----- -'-.---------., .-.-.- . -.'-----...-.---.. --..---- "-.-------.---...-.-----.--- ..----.. --------.--.'---.----..-.-...--.--__... '----0.__... ....__._ .____.____."._._.....___.____ .----.- -._._._.__.__.,__.. n,_._...__ _ ._.._.__.____,__._.._ ....._...._..... '.'_____..___.". '._.._'__....__ -------....-------.--.-.-,...-----...- .---.----...., ... ------. . '......---.-...--..-.- .----.--------...-..- --- .-----,. .-. ..------------.,.. ..-.-.--. ...--..-----.------". .---...-.----.-. .... . -~.. -'" ... ._, --, .. ."---------_.._._...._._~._--_._- ------_. k. __.,__ ...__ ~... ..__ ."'__'h__ _....,. ._. ___ ,_ . -..---..-------.-, PI~Me nol..: Ihal ,;Iarl :;nd rll.. C"IJ,e. t'¡'~nly P!..nnml1 Cllntrm~'I<'n ,hall I><: ,ulded in Ih~ìr r'·..:(1"'nænJ~'I<'n hI Ih..: Board III ,,'nin ! A"renl., "nd lllat Ih. Boul! lit' lUnln ! ."".,al. .h..111><: ¡¡uidçd on It> Ikl<:rmlnilllnn In al'prm... IIr d~ny a \"III'j:;n"" ""lIu"n hy II><: hel"... Ji""d ellldrl. (I"~, ¡PI...,,,... ,,<lures. Ihi, crllL"'a .."nil additIonal I'0f'" If nel,.·&'",.ar~. \ ---'-""-.-. -----.----- "rNFORMATlONAL" V A-2004-AR-6067 PROJECT 1#2004040049 DATE: 6121/04 KAY DESELEM VARIANCE PETITION APPLICATION SUBMITTAL CHECKLIST Agenda Item No.7 A October 12, 2004 Page 22 of 52 THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS #OF COPIES REOUlRED 1. Completed Application 15 2. Completed Owner/Agent Amdavit, Notarized 1 3. Pre-application notes/minutes 15 4. Survey of property, showing the encroachment 1 (measured in feet) 5. Site Plan depicting the following: 15 a) All property boundaries & dimensions b) All existing and proposed structures (labeled as such) c) North arrow, date and scale of drawing d) Required setbacks & proposed setbacks 6. Location map depicting major streets in area for 1 reference 7. Electronic copy of all documents and plans 1 8. Application fee = $2000 (residential) $5000 (non-residential) (minus fees paid at pre-application meeting) Checks shall be made payable to: Collier Count\! Board ,if Commissioners 8. Other Requirements - . As the authorized agent/applicanl for this petition. I allesllhat all of Ihe informalion indicated on Ihis checklisl is included in Ihis submittal package. I undersland thai failure 10 include all necessary submillal informalion may resull in the delay of processing of Ihis petition. ·~e._~·· Applicant/Agent Signature ¡J.,)CJ,h'1 . Date G:\CurrentlApplication Forms\V ARIANCE PETITION .doc (R).doc 1/04 RECEIVED JUN 0 , 2004 (i) V A_2004-AR-6067 Project # 2004040049 Robert Garee June 14,2004 Agenda Item No. 7A October 12, 2004 Page 23 of 52 AFFlDA VIT Well, Robert K. Garee & Ruth P. Garee being first duly sworn, depose and say that wen am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application. including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. Well 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 owner Wen further authorize as our/my representative in any rrwtters regarding this Petition. to act ~ W :Z ßJAlJl; Signature oj Property Owner "~f1.~ Signature of Property Owner Robert K. Garee Typed or Printed Name of Owner Ruth P. Garee Typed or Printed Name of Owner ;1øi -fJ1 The foregoing instrument was acknowledged before me this ;) 11 day of Mete.( .J1'~ by ~tÀoõ"+~~#t ~CI..,.c.t:... who is personally known to me or has produced r. v-<ß l ~ ~ V\.SC::. as identification. State of Florida County of Collier (Print, Type, or Stamp Commissioned Nam it..~tarýP&. ELYAN i.--i MYCOMMlS8IOU DOallS YIt.,.,.(" EXPIIIES:M_21,1IOCIII '~ARY 'LNl:lafyDllcoY'tAlMlc.CO. "ii'iFÔRMATIÒNAL" .7 VA~1004-AR-6067 t PROJECl' #1004040049 DATE: 6/21/04 KAY DESELEM GAREE RESIDENCE 234 Palmetto Dunes Circle Naples Florida 34114 Variance Application Agenda Item No. 7A October 12, 2004 Page 24 of 52 , Vari8nce R~ ../ 10' In Iw of 15' _ .. 2 StoryHome I I I I I I ? i'ø 'Is .!I ,H Jlf P/OPOMd ~ AddIIIon ,. I " Required SeItI8ck I I ~' I I ~ Agenda Item No.7 A October 1~.. 2004 Page 25 of 52 r~:0 t-' Septemb.r 3, 1976 Vines & Associates Inc urban plamlng·land planning Wlnlam R Vines. pn¡oIdont mll,nber, American nlllutll 01 P10nners ~\~ 663 PACE 282 1170 third street IOUth naples ~~'?I!i':aft~ PLANNED UNIT DEVELOPMENT DOCUMENT FOR LELY COUNTRY CLUB lC>Ç(Itod In COLLIER COUNTY, FLORIDA OWNER/DEVELOPER: LELY ESTATES, INC. .LAND PLANNER/pROJECT COORDINATOR: WILLIAM R. VINES, A.I.P. ENGINEER: TRI-COUNTY ENGINEERING, INC. WILSON, MILLER, BARTON, SOLL & PEEK, INQ, ARCHITECT: W, R. FRIZZELL ARCHITECTS, INC. ENVIRONMENTAL CONSULTANTS: TROPICAL B\O INDUSTRIES DEVELOPMENT COMPANY This document Incorporates 011 changes made by the applicant during the CAPC h.arings and by the CAPC alter tho hearings we", cl...d. 'J~ 5 r~312 .--.-..-',,,,, G. I IW~I~:'[~j~¡~ ~~~~~ , , r-: r Agenda Item' October 12, Page 26 . 7A 004 f 52 r- '.' 3.4 m 663 .rACf 291' REGULATIONS 3.4.1. MINIMUM LOT AREA: 10,000 sq.ft. 3.4.2, MAXIMUM LOT COVERAGE: 30%, 3.4.3. MINIMUM LOT WIDTH: A. Co.n.r Lois: 100 ft. av.rag. b.tw..n. Front and reor' lot lines. In the co.. of w.dg.....hap.d carn.r lois, the Front lot wIdth .ha/l be m.asured along 0 lin. int.rconnecting the two points where side lot lines Int.nect stre.t rights of 3.4.4. way. B. Interior Lots: 85ft. average between Front and real lot lines, MINIMUM YAROS: A. Front yard - 25' Ft. B. Sid. yard - on.....tory, 10 ft.; two-story, 15 ft. C. Reor yard - 25 ft. In the case of r..ide~tlal pools which are scr..n· enclooed or unenclosed, reor yard s.tbocks may b. r.... duced to 11 ft. For special regulation. applicable to Lol> 27 thru 47 of Block 32, .ee 3.4.8. MINIMUM FLOOR AREA: A. On....tory - 1,200.q. ft, of living area exclusive of potio and garage. 8. Two-story - 1,500 sq. ft. of living area exclusive af patio and garage. OFFSTREET PARKING REQUIREMENTS: Two 'poces per dwelling unit, at. leost one of whiçh .hall be located wIthin the permitted building area. ~XIMUM HEIGHT: Residences, 30 ft, above the Finished grode of the lot. Accessory .tructur..., 20 ft. above the ¡¡nlsh.d grade of the lot. !" ~ J 51' . ........ S~-\lj) 3.4.5. 3.4.6. 3.4,7, - 9- .:èZ 5 f:.t.E321 ., ~ "I'" . <'-.' I..'.' ." ",',',"'ïi:"" "'':'.- 't."" "",'''.' ,,' . II' ..¡.....'.., ,0':'"',','''".';:,-''' ,""""","" ", .,........ ..'.... ," ,:.'.',ï. -,'. ',," ~ . , ,,'~'".' ;.';;'.':':"~.I;:;._~:;.:: '-'-'- .. ....... ,.. -", ". ',~',~i;-:",.,' ""~"""''''''''''''':'''1~' '~''''.';J~'''''.''.' .J .,1, ... nda Item N ctob~r: 12, ~'o~ pag'é 27 of 52 .j. '!! .._~ ...·-A~ . .. (i) V A-2004-AR-6067 Project # 2004040049 Robert Garee June 14,2004 VARIANCE PETITION Agenda Item No. 7A October 12, 2004 Page 28 of 52 PRE·APPLICA TION MEETING NOTES & SUBMITTAL CHECKLIST 1I-583S Date: 4 -~. o-.t Time: '2 '. 'k;:) . Planner: ~"'~'....a.c...., "L. ~t>$~~ Project Name: c,_~c- \2~"1c!1... ""'co c: Project AddrlLocation: ~-.\, ~~~ ~ c..:z4.~U: Applicant Name: 1?~~ ~ Q~-.... C"""-Dc.t: Phone: :f':l-'I. . "f'PR-z Finn: Type of Petition: V~~ç- Current Zoning: "Ç>~ Owner Name: Owner Address: Phone: Meeting Attendees: ~ ~c.c...- l,... ~~~""'~ \ £.~IoII.r,", '. ~ ~ Crc..xe:-e. (~~\~~) SUBMI1TAL REQUIREMENTS: [2" 15 copies 01 completed Application ~ Addressing Checklist signed by Addressing Dept b!I. Pre-application meeting notes 9" 15 copies of Conceptual Site Plan 24" X 36" plus (one 8 Y.2 X 11 copy) ~ Completed Owner/Agent Affidavits. Notarized ¡.¿ 2 copies of Deed GV' 2 copies of List identifying Owner & all parties of corporation 12" Location map g/ 5 copies of Aerial Photograph (taken within the previous 12 months) . '. . : Agenda Item No. 7A October 12, 2004 Page 29 of 52 o o ~ ~ g" 4 copies of EIS or EIS waiver 4 copies of TIS 4 copies of Utility Provisions Statement with sketches Electonic copy of all documents and plans (CDROM or Diskette) Historical Surveyor waiver request Property Owner Advisory Letter and Certification Pre-application Fee $500.00 (to be credited toward application fee below) Review Fees: ~2000.00 o $5000.00 g' $681.00 Q' $205.00 Residential Non-Residential Estimated Legal Advertising Fee - CCPC Meeting Estimated Legal Advertising Fee - BCC Meeting (any over- or under-payment will be reconciled upon receipt of Invoice from Naples Dailey News). o $1600.00 EIS Review OTHER REQUIREMENTS: o ~.."....,_I (~".~ ..¡", St~ plWil (5"'-""') to ç",,,,o.ù Q.\I U4-Iooo.cJ....S, o o o NOTES: "f..,:> ~-'t\.., ~~ ð&l"S"", i.o/ (t.o.q,,,..................~ J.~.tl. ~M.......... "'l-¿s ~ .of. s, '.of. ~ . ~....\_~ Il-\ø.r ......-c.""- "^"'"-- \ -.. ~ ~.... ""' Agent/Owner Slgnatur~~< .0 ~ Date: pfÄ :~ 2 '03/1'912004 19: 0~ 6595724 '. 83/19/2811' e"S:41 94117'41828 ADDÆ:SSlt-G MARQJ 2 R ( SARa PAGE 01 l'AŒÄ!JI!nda Item No. 7A October 12, 2004 Page 30 of 52 A1J )RllS81NG aaar.m JIJeue COØIIIiIIW the ~ II1II ...... 10 .... AddreIIiIJa SoIItioa b'..... ~ ~ IIIIII-.w to ~ 1II'oÏId. ]~ Is ..... t'IIN ......... 1. LIpI........Ø\.a of' ~~ pI'UpMy or propctiII ("", qf""'" ~ ~ æ~ ~~~o~~ Lely CO\IDtry Clubt Lot 12. Sect10J1 20, 1'Ifp. 50, bop 26 2. .. ~ m) ..........) oflbow (....,.10. OI'~wlth. .1 døø-, V".". Arø ØIt) U!I2504'OOQl 3. sa.t.tcsr. or ~ (u IffIIú;tINI, tfø/tw;úy ~ 234 '.La_Cto Du~. Circle 4. r..e.øo..." ~ 4IIC&CIt IouIdion otpro ectllite in reIatioQ to MIII'at publio .... rføbt~(øtrcQa) S. Cop, ot~ (N.IBDI!D ONLY lOA 1:1NPJ.A.TTBl) PaoP.EaTIBS) ~ PropoMd IInIMot ... (if 1f1PIiøø61t> .lto - 1. Pr'CIpOIICt S1Ra uaÎCI(V'III iplIœ6It) 11111. I. Site ~ PIIa NIDIIb« (FOR EXISTING P1l0lBCTS/SJTES ONLY) SDI' . 9. ....1)pe. (COIIIpIIte. ......AdcInaiDa CbIcIdiIt b eecb Pedticm 'I)pe) &DP (Site~ PIa) SDPA (SDP ~~) ~....) SDPI (SDr tu........ CIIItwt> SIP (.l'a\..Vy..... PIa) ~ SlPA (lIP Â8MIIIInIeIIt) SNR (hat N.. CbuIp) PadJ) V~ ev.,. RImcntIIhrmIh) lAnd U. P..øioa (V..!!iIR. CoadIdoa.I u.. Permit) BOlt DooII: ~.. Ratoœ, PUD rcacme. ..) PPL (PJø.\PIIt~ew) PSI (1'niimiøuy fP (1WI PIIt) ILA. (Lot ÜDe 8L (BIaItias P.rmit) ROW (RieIa-of..WIy IXÞ ~. PCIDIit) Vk.SFP (V.. ~ .\ SiceJIiJI RECEIVED MAf~ I .J ~OO4 '. . 1:\3/~'2004 1 '3: ea, 65'35724 83/1g/2ee4 é8:41 9417741825 ADDRESS I t-G MARCC :2 ~ K GAREE PAGE e2 ,AG£\¡w1da Item NO.7 A October 12, 2004 Page 31 of 52 0tbB' . DeIcrIIe: ,~.~ n.. ....r1ftft _ V.P'.ft~. 10. PI'cIjeet or dt.IIl..,._d .... .......-I b. or 1Jrady""" ill, ~i..... """'~ (If ........w,....;¡;.. propOIOCI 01' ~ t.', f"tAII........, 1'!1u1) _ ~_~""I 11. PIela ~ Ole; CIIeI1kIitt is to be PDId Blot" PenobaIIy PicIked Up 12. .~JI(_ &obert 1:. , Rutb P. cu.. .... 774-7192 IhIK 774-1025 13. SìpIIure OD AddraIiaa CbåIiat doll BOt ooøøift... Project lttdIor S1reet N-. ~ IIId illIIbjeaI to fbrtIMr rm.w by tile AM.... S«:cdœ. lOR STAn' t7R ONLY PrlmuyNamlNrlu.\q,.G.!> AdIJRII Number I u.' '1'''7 ~ Mdr-. NuaIIItr AdcIr:wa N.... ApprovwJ by ~ (YIAI..Q..m Date ~ - , "Z.- -Olf Page 1 on Agenda Item No. 7 A October 12, 2004 Page 32 of 52 MapQuest: Maps: print _.~..... - - .... . a"" ilL s.end..Iº-.P..rlQtereKILttil.aR 234 Palmetto Dunes Or Naples Fl 34113-7562 US Notes: ....................................,........................................................... ................................................................................................. ....................................."......................................................... ..........._ _._....."....__.wec.~5(~~:~!~·.~'-~!.~~:.~~~~r~oJ ..............................................................,................................. Ðtc , ~ ~ I....: OI/JD04 A!Jlfs¡t!tLWJ:(V~~J&¡¡y¡jgJ1J I MAIU.CWJd l~~~ '"* nIl ) It Int'onn8IIanII only. No "-_I 18 ..... ow WIIrTW1ty glYwl .. to Is COI'à t. u.r ..... 8ft rIIIk of.... ~ encIls ouppIIen _ no ~ for MY ¡.,. cr~_~~ I!.I!:Iua. Edl!.aø.bl.i.c¥ 1k~~.e5 C 2004 M8pQuest.con V A-2004-AR-6067 Project # 2004040049 ., ./plUU,lWp (IJ~"'U£UJX'-l\.-ð 1.1:.1.1'" \I W'IIUlJ<ltJ'70¿,"'''UJrlJ Robert Garee June 14,2004 ... MapQuest: Maps: map ..a .. *" '-~ - - - J:iJ¡rnJÏ l!:Itœl$.~Míilt19.~i1! Page] of2 Agenda Item No.7 A October 12, 2004 Page 33 of 52 - - .....-....... 'c' 'fIIINIII!!.... MIll Sea 8irp 1lY$ "~ .... -_......_.......~._. .- J~mm Ii Thehotelsyou~Ali~~"o:i~) y~~'i::"h~~;...l;;"c:Jl_.....,-:--~.__. ">'_'~" ..J...: -...~~~:: "~~I * 234 Palmetto Dunes Or Naples, Fl34113-7562, USIjQtgI Of{J!~ .. E!!.Qht.º--~~ ~t.'Illif?~~i PII..rlt I f:.MjlJ! I ºº-vLnload toJ~Q8 I ffgw. Map Get DIrections 'TO ~ Above Location Addn!ss or InterseCtIon I r F ,,».Search for a SHin... '.~::~,r'~-: i1;J\':sustness Name or Category .¡ï;:g ~~I ;~~ ~ >j?\Address ~ Î~~234 Palmetto DL Naples s'.\ì)) MapQuest Search ~ Get 0IreCtI0nS MIJg!Jtli!l.~~se Subject to Lk:~o..'!!K.QI!¥dgb! I M~!:!1!I -- ~ 'JIW .... . ~.tQ n.-!onlll""'. 10 ,.._obA,.. IIII*Ie or .-nI III.-eo ~.,.¡............. _ no ~ far ent V A-2004-AR-6067 Project # 2004040049 Robert Garee June 14, 2004 .. .lUl&p.1tUp ICOUIIU}'-U ;:)G(u'ILIDLrYW-.l..JUOUIUULu. :~:?:';,:, .. Napl.. Offerr. ~Hotels EXDedia: DlsCOL Hot Dellis at over 10,C s..rch, Book and 510" www.Expedla.com t1Qtels For Les.s Tl1IveIocIty GlUt Rat. Gmt RoomI. aual1lnl www.traveloclty.cor Q1e.ªR.JiQte.I..I Sa". Up to 701It on Ib Rates aual1lntead .. lie www.hotels.com DlscountJiQteL SIoIIrch Our HCàI Delli 110'11> ..It RIote Gua n www.CI1eapTlckets. ftitDles Hotels: IJ to 7~ off on NIl, Book online now at WI www.gtahotels.com CheaD Hote!.l Pay 1_ than ltanclan at top ........ s.v. UI www.hotwtre.com futdQet Hotels r Laf1 e c:hoIœ III a"""" Book now, pay on elM www.ven_.com QREUIZJ::!Q.teW Search 1000'& III ..... G....t RDoma for 1Ma. www.ORBITZ.com ¡Hotels ~ . ¿e-~I.l.ðIU't ~ "'.t·"; ~.! ·······l~· ~.~. t' , j .~! : ,'1 ¡.. ill .-' Lely C.C. PrOperty Owners Atsociadon, Inc. P.O. Box 10997 Naples, n. 84.101 f'eb.] 3,2004 Mr. And Mrs. Robert K. Garee 234 Palmetto Dunes Circle Naples, FL. 34] 13 The Board Of Directors of tile Lely Country Club Property Owners Assn. grants a variance for a side setback of ] Oft. on the west boundary of your property a1 234 Palmetto Dunes Circle. This is for a planned second story addition which """;"'"¡Sft...boc~. £~ Don W. Kincaid Vice President .-. ._- .--- V A-2004-AR-6067 Project # 2004040049 Robert Garee June 14,2004 Agenda Item No. 7A October 12, 2004 Page 34 of 52 Agenda Item No.7 A October 12, 2004 Page 35 of 52 Bob ar.d Polly Gar.. 234 Palmetto Dun.. Circle Naples, FL 34J13 714-71192 We want to put ø second floor addi 15 foot set back on the side 1 t W t10n on our house which requires a is what is required for a.1 ~.. e currently have 10 foot or leas which also want to put a seven foo~g e story house. .0 w. n..d a variance. We covered araa on the lunai Thexcenlaion on the iront of the garage and n . ese a eo raquire a variance. We are checking with our neighbors objection.. to aee f you have any COmMents or Hame Address ~OAI ~'f'¡~ ()¡~ ~ Against ;23 é).. (jJcJnæ14~ &tdL ~ P ð,///3 J ClJk ~ MY ~~éJ(~_ -/-ð /k ~ 1J~ ;~:t~~if~ ôlkv ~/ýk~/ t7 COIDlllents /¥Ø5 Agenda Item No. 7A October 12, 2004 Page 36 of 52 !lob and 1'011>, Gsree 2J4 Palmettð Dune. Circle Naples, FL 34113 774-7892 We want tø put a second floor adcl1tion on our house whlch rlll u1reø II 15 foot liIet back on the side lots. We currantly have 10 foot or less which is what is rsquired for e .1ngle etory ho"..., .u we nsed iI variance. We al~o want to put a sevan foot extension on the front of the Barage and a '-:c\'ered area on the lana1. These alllo require a variance. w. are check1ni with our neighbors to see if you havs any comments or objections. Name Addu811 For Against Comments ~L~. -..lv. t.t. -~ '. ~~."~,,,..Já'~" C:J \0 ·ï..." \..,.,...:.~- ,,~. - ^'-.of t\~1.c2. ~ ·:.-..\10...... \~~~. I {-;' - \... ~~'j w - . l} .... , 4.Q,. 'So \ c - -2..1 ,./ t.".d I'tt'á /t..!...t. h-B r~'~""~'-~ 'it' Ø1.4~ . /' ( T ~ '\.kl-œ;,~ Z:~lf...\.w.~~ ~;Utl.~~ .~,o.'-# ~~ ¡<-Lr ~1 ~~J)N "l ~(., 1~':J£...io(.<"", {~<-- \-~,'¡"{""'~ \, tI::.1..i",,- ",\.). I /lli"~~__ Agenda Item No. 7A October 12, 2004 Page 37 of 52 80b and Polly Garee 234 Palmetto Dunes Circle Naples, FL 34113 774-7892 We want to put a second fluor addit ion on our hou.e wh lch requires a 15 foot .at back on the sidø lot.. W. currently have 10 foot or Ie.. which 18 what is required for a aingl. 8tory hQua~. so we need a variance. W. a180 want ta put . aeven foot e)ltenl1on on the front of the garage and a coveted are. or. the lanai. The.e al.o require a vari8nce. w. ill'. checking <d.th nur neighbor. to ... if you have eny camllll.nr.. or "bjections. Name Address For Against COmlllents CrrKY Uh'l~rT 11'(P~Moù,~ FoR.. f'tt z.e,~.D'1 1.-;- ;}...SïðlZ.lE.~ Yi('6J~t\¿<\.()4l('ott );)." f~ll'l('*o fõr tJ·dlot\.'t lropr-oVf (f V.}l.JfIiI;n "'" - PI- 'ÝLA,.-J SJ., 21.& ~Ç-i7'D T:\,ANß.. O? (B) ~ ~~Ì'J-- zz fJ Ú(~'f~7/õ ÙU:-H (>:~..J1.4 - . 0 ;J ~ ~- 634L ~ Áfl~ fÁ.A.A- - i J~/?!i ·~~;:~~;;::~·;~~75.~~,~~,,::::' /) '. .' //11' /A6 527 ~11?~s 711- 0, '-r. ,,¡(/ (-/,01 /((¡IØJl-II.1""" ("'y . ,.}-I"'f'~ ,#'4lV~..l ~k~ff 1i77éXS' 3/':> T~t1)2f1;~f Agenda Item No. 7 A October 12, 2004 Page 38 of 52 B~b and Polly Gar.e 234 Palmetto Dun.a Circle Napl.n. FL 34113 774-7892 We want to put a second floor addition on our houae which re~uire8 a 15 foot .et back on the aide lots. W. curr~ntly have 10 foot or lesa which ia what 1s required for a øingla story house, 80 we need a veriance. We alao want to put a eeven foot extension on ths front of the ¡araaa end a covered area on the lanai. These a1RO require a variance. We are checking with our neighbors to aee it you have any commenta or objections. Name Adciu88 For A~ain8t Comments ~~t( 6!.t1~=>H {;3.3 ~Md. h- 't;:;u.u.5 v -¡. f ¡ IJ/ y ~ (I. JÍffl¡' j'c¿ ~ 1() ßiJ?1J1~ ..j¡ ~ N' ~ J,/ .._---^ Agenda Item No, 7 A October 12, 2004 Page 39 of 52 Bob and Polly Ca 234 Palmetto D ree Napl une~ Circle es, FL 34 11 3 774-7892 We wa!'tt to put 15 foot set ba k a second Cloor addi ' is what is r e on the aide lot. t~on on our house w ' also went toaq~ired for a aingle ;to~e currently have JO ~~~~ requires a covered ar~a ~ntt~ sevan foot axten.1~nhouse. ao we need a var~r less which . lanai. These 1 on the front of th anee. We We are h a 80 require a varjance · garage and a ob' c eeking with . 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I CER11FY '!HAT THIS SURIIEY WAS NADE UNDER NY DIREC110N AND 'THAT IT NEETS NOTE. 'THE NI"'NUM ~CHNICAL STANDARDS SET FCfi'TH SY 'THE SOARD OF F'RDFESSlONAL IN CllMPLIANC!: \tITN F AC. LAN~S~ ND WAPPERS IN CHAP'TER 61017-6, FlORIDA ADIo4INlSTRA11VE 6IGl7-6.Ð031 CS> (E, elf LOC~flCN OF COO.' E..,PU. 7D~72.'f27. FLORIDA STATUTES.. Ustl4£NTS 011 R!QHT-tIF-\t~Y OF R[CD~Ð. Sy ~ ~ ~"UR\lEY DATE: /(>.."3ð- J _ ~~~A~~HI:a~~=MA~~It~;r"~r$ nJlVtl'SJClI TO TKr!--:StaYE¥llR.~ND ....~EIt. tm..urn F. IJ. 'SAIII>, PLS 1386& CLINTON 11'. FINSTAD, PLS 12403 JJ:rl'RT H. IDWGOSS, PLS 144ð8 !!'I'UIIEN IlACDONALI). PLS 14001 ~gi ¢Þ~~~~~~s8~1~\sZ~~~Í'u~AE~~~11:S:OE£~ Of ENCUWSRANCES ,§/f,/r/JFF~~~-=tocs::?;; ~'1f' SUR~Y IS VALID FOR 6 MONTHS. PLEASE REFER TO RE\£RSE SIDE FOR CENERAL NOTES'" A8SRE\IIAl1ON$. NOT£:. PROPnTY OWN£:R li>HOIJLD OllTMN WRITT£:N FLOOD ZONC: D£:T£:llI<fNATlON rROH LOCAL PE:RHITTING. PLANNING AND /JU1LD1NG D£:PARTH£NT PRIOR TO ANY CONSTIWCTION PLANNING AND/(]/? CONSTRUCTION. 6561 TAYLOR ROAD, SUITE 1 NAPLES, FlORIDA 3410& 239-59S-5936 FAX 5&8-5&39 6329 PRESIOENi1AL CT., SUITE 4B FT. MYERS. FLORIDA 33&07 239-274-951S FAX 274-9519 F1R ..,.. NIHil I - - - l. . LOr IJ I~ ~I ~ c..r...fWJItIHf,..J I ~..._------ ..-- ..... ~Ii! ,.,... te"ll'Jlr ...... l7.if' T.~ <f.1." ~ 17,4' ~I' o-.t..... N.44·~'''ft''''rI. s..u?l"3e"£, ".II$' Qt1 a..-_,.....".~ ~ I~ --------- à ...... -... ,.,..- tJfJ·,7' ~' ~I~ ...... 11.71 r.,..,.t.. .... ow,;.,¡. 11,17 ... .. """""..... N.f,"46'UV. ... Qrw ~r :J '"I -...--.------- ..-. .-.. "'1-'- Ø/!' I'3fI' I -- R'" r~f- 4Uf ~ N"ð "-'" "... N."<f'I6'1f"v, J N..f4'1!O'fC"'tl. ".6,' OU - - - f1£ :v," H'" It,A r JltUiJMRy Ø> .". LOT l' SCIfUNCJI "'"" -.. UIG.C SlDtr 1oW.U'I /ICDlIÐiCC £Na.JmIIC .. :¡ ,./" :vr '''''II M$ß rr 1£AR1PO\. . · s...nworï ,"',,' tJIIJ ';;D l/ll'f( S.4' "01110"(. ,1I15r (1') ~ I i!~ I!~ e'l ~ tV 1_ CDlJJ:OIL,"",,- ----¡;;Z-oW'm 1iiiiiëiiëi:ë I ----1. ... """ rMlf'K NO III V A-2004-AR-6067 Project # 2004040049 Robert Garee June 14,2004 LEGAL DESCRIPTION : LOT 12. L£:l Y COUNTRY CLUlI. PM.H£Tro D/JN£:S S£:CTIDNJ. ACCORDING TO T¡.¡r PLAT THF:R£:/lf' AS R£CORD£:D IN PLAT /JOll/( 12, PAúE 99. or TII£: PUBLIC RECORDS /If' COLLin COUNTY. nORlDA. ~ . '15 aD GRAPHIC SCAt...£ CERTIFIED TO : ROlleRT K GARC£: AND RUTH P. GAR£:£:J F.L.A. SURVEYS CORP. PROFESSIONAL LAND SURVEYORS & MAPPERS-LB 6569 ~v.N BY: 01-0264 MS rtlt !/AI" NOli! lO'UC LOT" M:/ I'IIL C<u/1' ~ SCAL.e /' . :JtI' --- "Jf1NTIT VIiII~ ~ VM..L£Y tiUTTCR C16E IT ~\ÐIM'" --- ¡ .. REVISIONS NO'TE 05-26-04 PROJECT NO: 03-11990 DeselemKay Page 1 of 1 Agenda Item No. 7A October 12, 2004 Page 41 of 52 From: VIRGINIA CHISM (gindud@msn.com] Sent: Tuesday, July 20. 2004 1:01 PM To: DeselemKay Cc: bedtelyonJ; TheMatsons@comcast.net Subject: Petition #VA-2004-AR-6067 (Garee Varience) Dear Ms, Deselem: Lely Country Club Property Owners Association voted to allow the Garees to seek a varience to allow them to build an addition to their home at 234 Palmeto Dunes Circle. As I understand the proposal, the county had allowed the original owner to build, even though the plans were not in accordance with the setbacks as defined in the Lely covenants. The Garees poied their neighbors, and, apparently received theIr approval for another varience, when adding a 2nd floor. Our board approved the Garee's right to go to the County to seek approval for this varience, with the stipulation that, whatever happened, they would have to come back before our board for final approval. I. frankly. did not believe that the county would approve the varience. However, I want you to know that I voted against the Garee proposal at our board meeting, and will again vote against It, if approved by the county. To do so would violate the 15 foot setback requirement in our covenants. Very truly yours Dudley K. Chism, President 7/22/2004 · ~. Catliy j. !Matson. n7 Palmetto tJJu.nu Circú 9(ppCt.s, 1'£ 34W-7558 (239) 775-2361 'E-Møil: CZ1ie!M~.1Ut Agenda Item No. 7A October 12, 2004 R E C ~ Page 42 of 52 JUl 2 0 2004 July 16, 2004 Community Development and Environmental Services Division ATI: Kay Deselman, Principal Planner Department of Zoning and Land Development Review 2800 North Horseshoe Drive Naples, FL 34104 RE: Petition IV A-2004-AR-6067 (Garee Variance) Dear Ms. Deselman: I have received a copy of your July 8, 2004 letter concerning the above- captioned petition for a variance at 234 Palmetto Dunes Circle. This petition requests a variance from the 1S-foot setback for two-story dwellings. The owners of this property currently have a one-story residence properly within its set-back of 10 ft. &om the property line and wish to put on a second story to their existing home making it a two-story structure which would require a IS-ft. setback. Although this property is not closely adjacent to mine, I STRONG,L Y OBIECT TO THE GRANTING OF THIS VARIANCE for several reasons: 1. There are currently two other properties on Palmetto Dunes Circle which are two-story structures and both have maintained the IS-ft. set-back requirement. 2. To my knowled£e. there has never been a variance 2l'anted of this mapitude 16..foot .3-inch) to allow the addition of a second story or otherwise within Lely Country Club. To grant this variance would set a very bad precedent with regard to any future requests for variance of this degree. .;; Kay Deselem July 16, 2004 Page 2 Agenda Item No. 7A October 12,2004 Page 43 of 52 3. It is my understanding that the purpose of the 1S-foot setback for two-story residences is to protect the privacy of the adjacent property. I personally would not want a two-story residence that close to my single-story home. At times, the 1o-foot setback between single story homes is insufficient in terms of privacy and noise. 4. In my opinion.. to allow a two-story home to infringe upon the set-backs could severely impact the value of the adjacent properties. By granting the variance request of one property (which would substantially increase the value of THAT property), you may be causing a severe, detrimental financial impact upon the adjoining property. Perhaps the current adjoining property owners do not object to this variance and the possible future impact it may have on their property, but once this variance is granted, any future requests by other property owners within the area would be difficult to deny since the precedent has been set. I am not willine: to sacrifice the future value of my home should my neighbor decide to add a second story to his home which would violate the 15-foot setback requirement and be allowed to do so due to the granting of the Garee Variance Petition. 5. If this is approved by Collier County, it will substantially inhibit Lely Country Club Property Owners Association from enforcing ANY set·back requirements within our Covenants. Once a variance of this magnitude is granted, any future requests for substantial variance from the set-backs will already have the County's blessing. Please DO NOT APPROVE this variance request. Thank you. 7t'yy~ ~atson cc: Lely Country Club Property Owners Association CatIiy ,. !Matson 117 Paltnetto 'Dunu CÍTCÚ ?fgpús, 1'L .34113·7558 (2.39) 775-2.361 '£-!MJzi£: rz1ie!M~.1Ut Agenda Item No.7 A October 12,2004 Page 44 of 52 RECEIVED AUG 2 0 2004 ZONING DEPARTMENT August 19, 2004 Ms. Kay Deselem, AICP Principal Planner Community Development and Environmental Services Division 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition IV A·2004-AR-6067 (Garee Variance) Dear Ms. Deselem: I previously sent a letter dated July 16, 2004 strongly objecting to the proposed variance request identified in the above-c:aptioned Petition. I am enclosing a copy of this prior letter to make absolutely certain that the contents thereof are read and considered in the deliberation of the above Petition for Variance. I firmly believe that approval of this variance will erode future enforcement of the Covenants and Restrictions of the Lely Country Club PUD relative to setback requirements and will ultimately have a detrimental impact upon the market value of homes within this area. Please DO NOT APPROVE this variance request. Thank you. tt:;9~'~ Cathy J. Matson Enclosure cc: Lely Country Club Property Owners Association Catliy J. !Matson 117 palmetto Ðunu Circle ?/ppfes, 1'£ 34113-7558 (239) 775-2361 '£-!MaJI: 'I1ie!J,{ø.uons@œmazst.net Agenda Item No. 7 A October 12, 2004 Page 45 of 52 July 16, 2004 Community Development and Environmental Services Division ATI: Kay Deselman, Principal Planner Department of Zoning and Land Development Review 2800 North Horseshoe Drive Naples, FL 34104 RE: Petition IV A-2004-AR-6067 (Garee Variance) Dear Ms. Deselman: I have received a copy of your July 8, 2004 letter concerning the above- captioned petition for a variance at 234 Palmetto Dunes Circle. This petition requests a variance from the 15-foot setback for two-story dwellings. The owners of this property currently have a one-story residence properly within its set-back of 10 ft. from the property line and wish to put on a second story to their existing home making it a two-story structure which would require a 15-ft. setback. Although this property is not closely adjacent to mine, I STRONGLY OBTECT TO THE GRANTING OF THIS VARIANCE for several reasons: 1. There are currently two other properties on Palmetto Dunes Circle which are two-story structures and both have maintained the 15-ft. set-back requirement. 2. To mv knowledg:e. there has never been a variance 21'anted of this ma~tude (&ofoot 3-inch) to allow the addition of a second story or otherwise. within Lely Country Club. To grant this variance would set a very bad precedent with regard to any future requests for variance of this degree. Kay Deselem July 16, 2004 Page 2 Agenda Item No.7 A October 12, 2004 Page 46 of 52 3. It is my understanding that the purpose of the IS-foot setback for two-story residences is to protect the privacy of the adjacent property. 1 personally would not want a two-story residence that close to my single-story home. At times, the 100foot setback between single story homes is insufficient in terms of privacy and noise. 4. In my opinion, to allow a two-story home to infringe upon the set-backs could severely impact the value of the adjacent properties. By granting the variance request of one property (which would substantially increase the value of THAT property), you may be causing a severe, detrimental financial impact upon the adjoining property. Perhaps the current adjoining property owners do not object to this variance and the possible future impact it may have on their property, but once this variance is granted, any future requests by other property owners within the area would be difficult to deny since the precedent has been set. I am not willin~ to sacrifice the future value of my home should my neighbor decide to add a second story to his home which would violate the IS-foot setback requirement and be allowed to do so due to the granting of the Garee Varlance Petition. 5. If this is approved by Collier County, it will substantially inhibit Lely Country Cub Property Owners Association from enforcing ANY set-back requirements within our Covenants. Once a variance of this magnitude is granted, any future requests for substantial variance from the set-backs will already have the County's blessing. Please DO NOT APPROVE this variance request. Thank you. 0;~ Cathy J. Matson cc: Lely Country Club Property Owners Association August 30, 2004 R E eEl t!tf1da Item No. 7 A ~ctober 12, 2004 AUG 3 1 2004 Page 47 of 52 Ms. Kay Deselem Principle Planner Collier County Planning Commission Subject: Variance No. V A-2004-AR-6067 Weare writing a letter to you on behalf of our neighbors Polly and Bob Garee, and the request they have made to secure a variance on their lot line which, if approved by the board, would enable them to add a second story addition to their present home. We support their request for the following reasons: 1. We attended the meeting where approval was granted by the Lely Country Club Property Owners Association allowing them to precede to the next step with their plans. We were satisfied with the explanations and rationale for their request and wrote a letter in their behalf documenting the reasons for our support. Now that it has reached the stage for approval by your planning board we feel the situation has reached a point in time where more specific facts will present a broader understanding of the whole issue and how it can be viewed within the context of how it will affect the neighborhood as a whole. a. We were attracted to this area by the diversity of not only the people who live in our part of Lely but by the custom built homes that exist within it. Ongoing building, since we moved in, includes a house across the street from the Garee's that was built with two stories and in no way distracts visually from the overall feel of the neighborhood. Additionally on the same side of the street as the Garee's house, four houses down, is another two story house very ambitious in size and presence with its two stories, and is what most people consider in this neighborhood "a little mansion." The beauty of the neighborhood would be less without it. b. There is a golf course fairway separating the Garee house from their neighbors to the back - this distance assures ample space to alleviate any problem for these neighbors. c. In a comparable neighborhood, Kings Lake, not far from Lely just off of Davis Blvd., we are aware that two or three existing houses are in the process of adding second story additions. Although we are unaware of the circumstances, it seems logical to conclude that the board saw fit to grant permission for these second floor additions to be built to these existing homes. This seems to imply that the board is aware of the fact that some residents have a need for extra space and are sensitive to this need. 2. In conclusion, we believe the addition of the second story will not oniy enhance the property values of many homes on Palmetto Dunes circ1e, but add diversity to the housing in our neighborhood. We firmly believe this will be an asset to our community and we ask you to look favorably on this variance. Sincerely" (a.CQHJC1 c:I. VIa..... e- mo., I Donald and Carole Peterman 184 Palmetto Dunes Circle Agenda Item No.7 A October 12, 2004 Page 48 of 52 RECEIVED~ ¿Ie¡ ..."J.AoU ~ì1dllltem No. 7A AUG 3 1 2004 J October 12, 2004 (7¿ t /71 /} Page 49 of 52 ..:::b ~ (.tf-. k ~ t!tM1 ;ONING DEPARTMENT ~/lhl~ {/;ud~ ~Ia~ p~~ ~~~Q~~~ r d~~~",,-,~~~~·¿&oß ~ .,.¿t;".¿v~ ,;d-Ü~~ ~~~~ Pf.~. ~~ O1<æadæ~ u, ~ ~ ~Å~ a/2LA. ';f §~ ~ a:~, J~ ~~ø'~(£ Jf~y)4 c¡k ~~~CVl£4.'~~'þ.M ~ L-~~ ~~ ~-kd~~ .'~ ~d<J/1I'~ -It y¿ . "j~~~ ~æ'~¿~ ~~/fú. ~ ~-y;:: 71~k.-, ~~~~ c; ð ~4/~~P~~ v-It qdf,¡j.. J ~ _ . 71ð1m:fJß~~~ ~ðcJ t?~~~ ~W c§tfl/3 ~ -;P39- tðd ý'~G7Y ¿?¿ei! ;239' 571- 6 ?,;z 6 Agenda Item No.7 A October 12, 2004 Page 50 of 52 RESOLUTION 04- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY RELATING TO PETITION NUMBER V A-2004-AR-6067, FOR A VARIANCE IN THE LELY COUNTRY CLUB PUD ZONING DISTRICT AS FOLLOWS: I) AS-FOOT VARIANCE FROM THE REQUIRED IS-FOOT, TWO STORY SIDE YARD SETBACK, TO ALLOW A 10- FOOT SIDE YARD SETBACK ADJACENT TO LOT 13; 2) A 6-FOOT 5-INCH VARIANCE FROM THE REQUIRED IS-FOOT, TWO-STORY SIDE YARD SETBACK TO ALLOW AN 8-FOOT 7-INCH SIDE YARD SETBACK ADJACENT TO LOT II; AND 3) A 1- FOOT II-INCH VARIANCE FROM THE MAXIMUM WALL HEIGHT OF 6 FEET AS REQUIRED BY LDC SECTION 2.6.11.2.2., TO ALLOW A GARDEN WALL HEIGHT OF 7 FEET II INCHES ADJACENT TO LOT 13, ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC) (Ordinance No. 91-102, as amended) which establishes reguJations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a variance as follows: I) a 5-foot variance from the required IS-foot, two story side yard setback, to allow a IO-foot side yard setback adjacent to Lot 13; 2) a 6-foot 5-inch variance from the required IS-foot, two-story side yard setback to allow an 8-foot 7-inch side yard setback adjacent to Lot II; and 3) a I-foot II-inch variance from the maximum wall height of 6 feet as required by LDC Section 2.6.11.2.2., to allow a garden wall height of 7 feet II inches adjacent to Lot 13, as shown on the attached plot plan, Exhibit "A", in a "PUD" Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented. Page 1 of 2 Agenda Item No.7 A October 12, 2004 Page 51 of 52 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: The Petition V A-2004-AR-6067 filed by Robert K and Ruth P. Garee, with respect to the property hereinafter described as: Lot 12, Palmetto Dunes at Lely Country Club, in Section 20, Township 50 South, Range 26 East, Collier County, Florida. be and the same hereby is approved for a variance as follows: I) a 5-foot variance from the required IS-foot, two story side yard setback, to allow a IO-foot side yard setback adjacent to Lot 13; 2) a 6-foot 5-inch variance from the required IS-foot, two-story side yard setback to allow an 8-foot 7-inch side yard setback adjacent to Lot II; and 3) a I-foot II-inch variance from the maximum wall height of 6 feet as required by LDC Section 2.6.11.2.2., to allow a garden wall height of 7 feet II inches adjacent to Lot 13, as shown on the attached plot plan, Exhibit "A," of the "PUD" Zoning District wherein said property is located. BE IT FURTHER RESOLVED that this Res01ution relating to Petition Number V A- 2004-AR-6067 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ,2004. A TrEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: DONNA FIALA, CHAIRMAN Approved as to FOnTI and Legal Sufficiency: Patrick G. White Assistant County Attorney V A_2004_AR_6067!KD/sp Attachments: Exhibit A: Plot Plan Page 2 of2 ~ I I I I I / I ( tN~~ I - I I I I I I I / I I i ~I i I Of ¡ I 0J . j I I i 8'8v..' ~I ~ P L , 15' required two-story setback --+- 'L L- Agenda Item No. 7 A October 12, 2004 Page 52 of 52 - - _PL- ~',- 10'UE. -----------.--.;....- ~ - - - - - - - - - - -,- - ~ / , / EXISTING / &efIiIUN!D / fDOOl. Ã'FCI:à / / (P!EVI&E fDOOl. LAYOUT) I , I~ ~ I ~' 6Ec:oNo I~, ".... "M DITION . "Jé .. , EXI&TING ONE ðTOJlt"'( !Sl 1I..oING P L I - - - ~'JIÌU.DE -- ........ 15' required two-story setback I \1. I -~ P-..-- ___ L fDA/...METO OLNE& ClfItCll! Garee Variance Plot Plan VA-2004-AR-6067 exhibit A Agenda Item No. 8A October 12, 2004 Page 1 of 71 EXECUTIVE SUMMARY POOZ-03-AR-3S61, Hiwasse, Inc., represented by Robert Duane of Hole Montes, Inc., requesting a rezone from Rural Agricultural (A) to Planned Unit Development (PUD) to be known as the Hiwasse POO to allow for a professional office, or indoor self storage, or a combination thereof for property located on the west side of Livingston Road, approximately one-quarter mile south of Pine Ridge Road (CR-896) in Section 13, Township 49S, Range 2SE. OBJECTIVE: To have the Board of County Commissioners (BCC) consider an application to rezone the subject site from Rural Agricultural (A) to Planned Unit Development (PUD) to be known as the Hiwasse PUD permitting a maximum of 91,000 square feet of professional offices including financial institutions, or 200,000 square feet of indoor self storage, or a combination thereof with a conversion ratio ifboth uses are developed 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 12.5-acre site is rectangular in size and is currently zoned Rural Agricultural. The proposed commercial PUD is situated between the Kensington Park PUD to the west, Livingston Road to the east and Eatonwood Lane to the south. The petitioner indicates that the property was reduced in lot area and depth due to a right-of-way taking by Collier County for the extension of Livingston Road. AB a result, the remaining land is long and narrow with a length of 1,400 feet and a depth of 390 feet. Because the site also contains a 235-foot-deep FPL easement, the remaining buildable portion of the site has been reduced to 155 feet in depth. The petitioner contends that the site is now too narrow for residential uses as pennitted by the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). AB a result, the petitioner amended the FLUE by creating the Livingston Road/Eatonwood Lane Commercial Infill Sub-district that allows professional or medical office uses and other uses permitted in the C-l District including indoor self-storage facilities. The proposed PUD zoning must be consistent with this Sub-district. The Transportation Department has reviewed the applicant's Traffic Impact Statement (TIS) and has determined that the project (office and indoor self-storage) will generate approximately 2,365 Average Daily Trips at the build-out of the project in 2006/07. As a result, this project is not projected to significantly impact any Collier County collector or arterial road segment. As a result. this petition is consistent with Policies 1.3. 1.4.5.1 and 5.2 of the Transportation Element. FISCAL IMPACT: This PUD by and of itself will have no fiscal impact on the County. However, if this request meets its objective, a portion of the existing land will be developed. The mere fact that new development has been approved will result in future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. PUDZ-03-AR-3561, Hiwasse PUD 1 Agenda Item No. 8A October 12, 2004 Page 2 of 71 These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. The following impact fees will be applicable to the 200,000 square foot self storage facility and the 92,000 square foot professional office uses: · 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 $4,032.00 per 1,000 square feet $1.0920 per square foot $0.005 per square foot of building $200.00 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 $1 ,697,493 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 pennit 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 aITive at a reasonable estimate of tax revenue based on ad valorem tax rates. Nevertheless, it should be appreciated that notwitqstanding the fiscal impact relationship, development takes place in an environment of concurrency management. When level of service (LOS) 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 designated Urban (Urban Commercial District, Livingston RoadlEatonwood Lane Commercial Infill Sub-district) on the Future Land Use Map of the Growth Management Plan (GMP). This designation allows 91,000 square feet of professional and medical office uses Q!. 200,000 square feet of indoor self-storage uses or a combination thereof with a conversion ratio if both uses are developed. This Sub-district requires that the project have its primary ingress/egress via Eatonwood Lane. Because Eatonwood Lane serves as an entrance into the Kensington subdivision, the residents of Kensington have expressed opposition to this required access citing traffic safety and security concerns. As a result, the petitioner has agreed with the BCC direction to amend this Sub-district in order to eliminate the access to Eatonwood Lane. With regard to the list of permitted uses, the Comprehensive Planning staff has concluded that the proposed bank and financial institutional uses (groups 6011-6099) are !!!!! consistent with the intent of this Sub-district that limits the uses to professional office. ~ PUDZ-03-AR-3561, Hiwasse PUD 2 Agenda Item No. BA October 12, 2004 Page 3 of 71 The BCC has previously determined that banking is classified as financial services and not professional office. Based upon the above analysis, staff concludes the proposed rezone is consistent with the FLUE subject to the elimination of the banking and financial institutional uses, In addition, due to the pending Growth Management Plan Amendment to eliminate the ingress/egress onto Eatonwood Lane, the PUD zoning shall not become effective until the amendment is ratified. ENVIRONMENTAL ISSUES: The Environmental staff has reviewed an Environmental Assessment Report for this project and has recommended approval. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: This petition was not required to go to the Environmental Advisory Council (EAC) because the site was previously cleared and is devoid of any vegetation. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC reviewed this petition during their public hearing on June 3, 2004. By a vote of 6 to 0, the CCPC forwarded Petition PUDZ-03-AR-3561 to the Board of County Commissioners (BCC) with a recommendation of approval. The Planning Commissioners found that this petition is consistent with the Growth Management Plan (GMP) subject to the following conditions of approval: . 1. Limit the hours of operation of the storage facility nom 7:00 a.m. through 9:00 p.m. This limitation has been incorporated into section 5.5. J of the PUD document. 2. Add Depository institutions (groups 6011 - 6099) to the list of permitted uses in Section 5.4 of the PUD document subject to a Comprehensive Plan amendment to pennit the use. The depository uses are restricted to the north portion of the property along with a full median opening on Livingston Road with a traffic light. 3. Eliminate Section 4.17.C in the PUD document concerning the requirement for the indoor storage facility to provide an outdoor patio area adjacent to the customer entrance, a minimum of 200 square feet in area. During the public hearing, several residents nom the surrounding developments objected to the increased traffic on Livingston Road resulting nom the depository uses. As a result, the CCPC stipulated that the depository uses shall be restricted to the north portion of the property along with a requirement for a full median opening on Livingston Road with a traffic light. Because there was public opposition to this petition, this petition could not be placed on the summary agenda. PUDZ-03-AR-3561, Hiwasse PUD 3 ,.-.. ,..- .~ Agenda Item No. 8A October 12, 2004 Page 4 of 71 STAFF RECOMMENDATION: Staff recommends approval of Petition PUDZ-03-AR-3561 subject to staff and the Collier County Planning Commission stipulations that are contained in the PUD Document as otherwise described by the Ordinance of Adoption and Exhibits thereto. PUDZ-03-AR-3561, Hiwasse PUD 4 Item Number Item Summary Mooting Date Agenda II em No. 8A October 12. 2004 Pa¡¡85 01 71 COLLIER COUNTY SOARl) OF COUNTY COMMISSIONERS 8A This item continued from the June 22 2D04 meeting and was fÜr1her continued to the September 14, 2004/September 21,2004 ace Meetrng. This Hem requires that aU participants be sworn 1n and ex parte disclosure be provided by Commission members, PUDZw03wAR~3561, Hiwasse, Inc., repreJsenlud b~ Robert Duane of Hole Montes. Inc requesting a rezone from Rural Agm:ultural (A) to Planned Unit Development (PUD) 10 be known at th\!l Hiwuse PUD to allow for 8 profeseional oflíce. or indoor 58)f storage, or iii combination thereof for property located on the west side Df Livingston Road, and approximately ol'e~quarter mile south of Pine Ridge Road (CR·896) In SeC1:ion 13, Township 495. Range 25E 10112120049:00:00 AM Prepared By Chle' Planner 813/Z00410;22;31 AM Ray Bellows Community Develupmenc I. EnYironmental Services Date Zoníng & land Development Review Approved By Chief Pt.'lner Date Ray BEllows Community Development & Environmental Sttrvìce& Zoning & Land De'<Jelopment Review 7120/200411;22 AM Sandra Lea Date Approved By Community Development & Environmental Service.. Executive Secretary CDmmunity Development & Environment.., Service.. Admin. B1912004 9;Z6 AM Constance! Ä. JohntJon Date Approved By Community Deveolopment & Environment.1 ServiuI Opmratíons Äl1oly.tlt Commllní1y Developmo-nt & EnvIronmental Services. Admin, 818/200410;12 AM Approved By Zoning & Land Deyelopment DirectDr Dut(t SLlSln Murray, AIC? Community DeV'ulopment &. Envlronfnentill Servlc~$ Zoning & Land Development R4Iview 8/9120045;15 PM Approved By Dale Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Servicea. Adminstrator Community Development & Environmental S~rvlce5 Admin. 8110/20049:42 PM Pat Lehnhlrd AdmlnÎ5trative Assistant Date Approved By County Mannger's Office Office Df Mal'lIgement & Budget BI11/200412;24 PM Mark Isyckson Budget Arlalyat Date Approved By County Man...ger's Office Office of Ms.nlgement & Budget 811BI2004 9;21 AM ManagelTlont & Budget Director [)ðtc Approved By MichuJ Smykowskl County ManagElr's Offlc1t Office of Manage.m(tln &. Budg4tt 811B/2004 9:38 AM Approved By County Manager Date Jamtl's V. Mudd Board of Cøumy Commissioners Courrty Manager's Office 81181200.12;33 PM eo1N:r County - ~ - Agenda Item No. 8A October 12, 2004 Page 6 of 71 STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES HEARING DATE: JUNE 3, 2004 RE: PETITION NO: PUDZ-03-AR-3561, HIW ASSE PUD OWNER/AGENT: Agent: Robert L. Duane Hole Montes, Inc. 950 Encore Way Naples, Florida 34110 Owner: JeffTey Mangan, President Hi wasse, Inc. 2700 Pine Ridge Road Naples, Florida 34109 REQUESTED ACTION: To have the Collier County Planning Commission consider an application t<1 rezone the subject site from Rural Agricultural CA) to Planned Unit Development CPUD) to be known as the Hiwasse PUD permitting a maximum of 91,000 square feet of professional office including financial institutions, and 200,000 square feet of indoor self storage. GEOGRAPHIC LOCATION: The property is located on the west side of Livingston Road and approximately one-quarter mile south of Pine Ridge Road (CR-896) in Section 13, Township 49S, Range 25E. (See location map on the following page, A copy of the Master Plan for the subject site follows the location map). PURPOSElDESCRlPTION OF PROJECT: The subject 12.5-acre site is rectangular in size and is cun-ently zoned Rural Agricultural. The proposed commercial PUD is situated between the Kensington Park PUD to the west, Livingston Road to tlle east and Eatonwood Lane to the south. The petitioner indicates that the property was reduced in lot area and depth due to a right-of-way taking by Collier County for the extension of Livingston Road. As a result, the remaining land is long and narrow with a length of 1,400 feet and a depth of 390 feet. Because the site also contains a 235-fool-deep FPL easement, the remaining buildable portion of tlle site has been reduced to 155 feet in depth. PUDZ<i,;;;',¡\R·J561 HíV'/2,5SÜ ~:)¡)r¡ 1 Agenda Item No. 8A October 12, 2004 Page 7 of 71 The petitioner contends that the site is now too narrow for residential uses as permitted by the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). As a result, the petitioner amended the FLUE by creating the Livingston RoadlEatonwood Lane Commercial Infill Sub-district that allows professional or medical office uses and other uses permitted in the C-l District induding indoor self-storage facilities. The proposed PUD zoning must be consistent with this Sub-district. Deviations: The petitioner has requested a deviation from Section 2.8.3.5.11 and Section 2.8.4.4.10 of the LDC to eliminate the requirement for single-use buildings such as the self-storage facility to have an outdoor patio area adjacent to the customer service entrance. This patio area is required to be a minimum of 200 square feet in area and to provide benches, landscape planters, and vegetative shading. The petitioner contends that the outdoor patio area is inappropriate and could cause safety concerns in the use of the self-storage facility. SURROUNDING LAND USE AND ZONING: Surrounding: North -Undeveloped land zoned The Related Group PUD, which is a multi-family residential project with a density of 6.99 units per acre. East- Livingston Road and the, Brynwood Preserve PUD that is approved for 160 residential dwelling units at a density of 5.47 units per acre. South - Eatonwood Lane and the golf maintenance facility for the Kensington Park PUD. West- The developed single-family subdivision within the Kensington Park PUD that permits 570 dwelling units and 18 holes of golf. PUDZ-'O;>An'~)5r:i1 ~H"vaSSH puoo 2 GROWTH MANAGEMENT PLAN CONSISTENCY: Agenda Item No. BA October 12, 2004 Page 8 of 71 The subject property is designated Urban (Urban Commercial District, Livingston RoadJEatonwood Lane Commercial Infill Sub-district) on the Future Land Use Map of the Growth Management Plan. Future Land Use Element (FLUE); This designation allows 91,000 square feet of professional and medical office uses or 200,000 square feet of indoor self-storage uses or a combination thereof with a conversion ratio if both uses are developed. This Sub-district requires that the project have its primary ingress/egress via Eatonwood Lane. Because Eatonwood Lane serves as an entrance into the Kensington subdivision, the residents of Kensington have expressed opposition to this required access citing traffic safety and security concerns. As a result, the petitioner has agreed with the BCC direction to amend this Sub-district in order to eliminate the access to Eatonwood Lane. In regards to the list of permitted uses, the Comprehensive Planning staff has concluded that the proposed bank and financial institutional uses (groups 6011-6(99) are not consistent with the intent of this Sub- district that limits the uses to professional office. The BCC has previously detennined that banking is classified as financial services and not professional office. Based upon the above analysis, staff concludes the proposed rezone is consistent with the FLUE subject to the elimination of the banking and financial institutional uses. In addition, due to the pending Growth Management Plan Amendment to eliminate the ingress/egress onto Eatonwood Lane, the PUD zoning shall not become effective until the amendment is ratified. TransDortation Element: The Transportation Department has reviewed the applicant's Traffic Impact Statement (TIS) and has determined that the project (office and indoor self-storage) will generate approximately 2,365 Average Daily Trips at the build-out of the project in 2006/07. As a result, this project is not projected to significantly impact any Collier County collector or a11eri.al road segment. 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 SDace Element - The PUD document indicates that a combination of landscape, the FPL easement, lakes, water management areas, and qualifying open space areas exceeds the Land Development Code (LDC) requirements. Utilities and Water Manae:ement Element - Water distribution, sewage collection and transmission systems shaU 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 pm'suant 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 (BCC). These evaluations arc completed as separate documents and are attached to the staff report. Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision-makers. The evaluation by professional staff should typically include an analysis of the petition's relationship to the community's Future Land Use Plan. and whether or not a rezoning action would be consistent with the Collier County GMP in all of its related elements (See Exhibit "A" and Exhibit "B"). PUDZ. U:J-¡\ n- J5Gi, H¡w;;¡,s~,P 3 Agenda Item No. 8A October 12, 2004 Page 9 of 71 Other evaluation considerations (as noted below) 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. Environmental Review - The Environmental staff has reviewed an Environmental Assessment Report (Exhibit "C") and has recommended approval subject to the conditions contained in Section 6.1 of the PUD document. This petition was not required to go to the Environmental Advisory Council (EAC) because the site was previously cleared and is devoid of any vegetation. Transoortation Deoartment Review - The Transportation Department has recommended approval subject to the approval of a shared access along the northern property 1ine and as depicted on the PUD Master Plan. An access agreement with the property owner to the north is required. If an agreement for shared access cannot be reached, then only a right-in-right-out access is permitted from Livingston Road at an access point depicted on the PUD Master Plan south of the shared access area. The developer shall provide a turn lane at the project entrance onto Livingston Road, at either permitted access, prior to the issuance of the first certificate of occupancy for the first structure in accordance with the Collier County Public Right-of-Way Manual and Ordinance 82-91. Zonill2 Review - The subject property is designated Urban (Urban Commercial District, Livingston RoadlEatonwood Lane Commercial Infill Sub-district) on the Future Land Use Element of the Growth Management Plan (Exhibit "0"). This Sub-district also limits building heights to a maximum of 35 feet for professional and medical office uses, and 3 stories with maximum height of 50 feet for indoor self-storage uses. However, to improve compatibility with the adjacent land uses, the maximum building height has been limited to a maximum height of 35 feet for all uses. The POD also requires the distance between structures separation between any two principal structw'es on tile. same parcel to be a minimum of fifteen (15) feet or a distance equal to one half (Y2) the sum of their heights, whichever is greater. In addition, the PUD development standards require that the principal uses provide the following minimum yards: 1. Front yard - 25 feet 2. Side yard - 15 feet or 0 feet adjacent to FPL Easement Area provided all other requirements of the LDC are met. 3. Rear yard - 15 feet or 0 feet adjacent to FPL Easement Area provided all other requirements of the LDC are met. These development standards are same as the standards in the C-l zoning district. Furthennore, there is also a 235-foot-deep FPL easement that prohibits development within the easement. This easement will serve as an additional buffer between the project and the adjacent Kensington community. Other design features to improve compatibility include the required Type "B" landscape buffer located between the Kensington PUD and the Hiwasse development tract. Lastly, the project wil1 be subject to the architectural design criteria of the LDC and the standards contained in the Livingston RoadÆatonwood Lane Commercial Infill Sub-district. However, the petitioner has requested a deviation from Section 2.8.3.5.11 and Section 2.8.4.4.10 of the LDC in order to eliminate the requirement for the self-storage facility to have an outdoor patio area adjacent to the customer service entrance. Staff has determined that the outdoor patio area is inappropriate for a self-storage facility and could cause safety concerns. Therefore, staff supports the requested deviation. P\...1 Dl>·Q3"AP<J·56,,¡ . ¡-<hNaSs.e PUL~ 4 Agenda Item No. 8A October 12, 2004 Page 10 of71 Utility Infrastructure - Development of the land wiI1 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. The petitioner has agreed to these conditions and has incorporated these recommendations into the PUD document as follows: A. Water distribution, sewage col1ection and transmISSIon and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 97-17, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the County not be in a position to provide sewer service to the project, the sewer customers shall be customers of the interim utility established to serve the project until the County's off-site sewer facilities are available to serve the project. Community Infrastructure and Services - The subject property is readily accessible to a whole range of community infrastructure that is enhanced by its interface with Livingston Road and close proximity to Pine Ridge Road. Furthermore, there are shopping centers and various specialty stores within a short driving distance of the subject site. Regarding the matter of timing, it should be appreciated that commercial and residential development has been approved within this area. After considering the availability of community infrastructme, the extension of Livingston Road, it is clear that the development of the subject property is timely and consistent with the GMP. Public Information Meetine: The petitioner held a Public Information Meeting on October 7, 2002, at the Kensington Golf and Country Club Clubhouse. Approximately 60 persons attended the presentation given by Hole Montes, Inc. During this meeting, several persons expressed the following concerns: 1. Concerns over proposed building height for indoor self-storage facility of 50 feet. The petitioner has modified the PUD document to reduce the maximum height from 50 feet to thirty-five feet. 2. Concerns with the indoor self-storage appearance. The petitioner has indicated that units comprising the self-storage facility will only be accessed from indoors and that the facility will be subject to the Architectural design requirements of the LDC. 3. Concerns with the proposed ingress/egress to Eatonwood Lane. The petitioner indicated that the Livingston RoadÆatonwood Lane Commercial Infill Sub-district of the Futme Land Use Element requires this access. However, because of these concerns the petitioner is currently in the process of amending this Sub-district to eliminate the requirement for access to Eatonwood Lane. P1')DZ·c~>,.AA·356í ~·if{var.;·8~;J' !:;U[, 5 Agenda Item No. 8A October 12,2004 Page 11 of 71 STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) forward to the Board of County Commissioners a recommendation of approval of Petition PUDZ-03-AR-3561 subject to the conditions of approval that have been incorporated in the PUD document and including the following additional conditions. 1. Eliminate banking and depository institutions (groups 6011-6099) from the list of pennitted uscs contained in the Hiwasse PUD document. Staff has amended the attached PUD document to eliminate these uses. It should be noted that the petitioner does not agree with this stipulation. It is their contention that banking and depository institutions are similar Íll nature to professional offices. 2. The Hiwasse PUD zoning district shall not become effective until the pending amendment to the Growth Management Plan eliminating the ingress/egress onto Eatonwood Lane is ratified. The petitioner has agreed with this stipulation and has revised the PUD document to include this requirement. PREPARED BY: RAY BELLOWS, CHIEF PLANNER DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW DATE REVIEWED BY: SUSAN MURRAY, AICP, DIRECTOR DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW DATE APPROVED BY: JOSEPHK. SCHMITT, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES COLLIER COUNTY PLANNING COMMISSION: PUDZ.',()'S~¡)'F<:~')b1, ~-'H\NaSS£~ !:~t_J[) 6 ,.....-".- RUSSELL A. BUDD, CHAIRMAN Agenda Item No. 8A October 12, 2004 Page 12 of71 REZONE FINDINGS PETmON PUD-03-AR-3561 Division 2.7.2.5. of the Comer 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 GMP. The subject property is designated Urban (Urban Commercial District, Livingston RoadlEatonwood Lane Commercial Infill Sub-disuict) on the Future Land Use Map of the Growth Management Plan. This designation allows 91,000 square feet of professional and medical office uses or 200,000 square feet of indoor self-storage uses. Based upon the above analysis, staff concludes the proposed rezone, as revised is consistent with the FLUE. 2. The existing land use pattern. To the North is undeveloped land within the Related Group POO. This project is a multi-family residential development with a density of 6.99 units per acre. To the East is Livingston Road and the Brynwood Preserve PUD that is approved for 160 residential dwelling unit~ and at a density of 5.47 units per acre. To the South is Eatonwood Lane and the golf maintenance facility for the Kensington Park POO. Lastly, lands to the west is the developed single family subdivision within the Kensington Park PUD that permits 570 dwelling units and 18-holes of golf. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The rezone to the Hiwasse PUD is of sufficient in size and located within the Livingston RoadlEatonwood Lane Commercial Intill Sub-district that permits the proposed uses. Therefore, the subject petition wil1 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 Hiwasse PUD district boundaries are logically drawn and they are consistent with the FLUE of the GMP. EXHIBIT "A" P UL#Z·G~1" Ä P, J-b3 j _ Hh;¡as~¡:t;' 7 Agenda Item No, 8A October 12,2004 Page 130f71 1. Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed PUD is appropriate since the subject site has been reduced in depth due to a right-of-way taking by Collier County and the 235 foot deep FPL easement. As a result, the ability to develop the site for residential uses has been greatly diminished. In addition, the BCC approved the Livingston RoadlEatonwood Lane Commercial Infill Sub-district that permits the proposed uses contained in the PUD. 6. Whether the proposed change will adversely inftuence 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 buffering provided by the 235 foot deep FPL easement that serves as a buffer between the adjacent residential developments. In addition, 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 trame, 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 thc 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 Hiwasse PUD has been reviewed for consistency with the applicable regulations and required to mitigate all surface drainage generated by this project. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The Hiwasse PUD will not seriously reduce light and air to the adjacent properties. Furthermore, all projects in Collier County are subject to the development standards that are unique to the l,oning district in which it is locate.d. These de.velopment standards and others apply generally and equally to all zoning disuicts (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. PLJDZ·C3"p\H·3b61 < ¡,,·!h.t'1.~~t'i:5f;: ::;)\,.,11) 8 Agenda Item No. 8A October 12, 2004 Page 14 of71 10. Whether the proposed change will adversely affect property values in the adjacent area. The proposed office uses and self storage uses and applicable development standards including landscaping and architectural standards within this PUD and the LDC 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 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 GMP. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. The proposed change will not constitute a grant of special privilege since the proposed PUD complies with the GMP. 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. Due to the right-of-way taking and the 235 foot deep FPL easement, the subject property is no longer suitable for residential uses. In addition, the project is being developed in accordance with the existing Future Land Use Element, which pennits the proposed uses. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The Hiwasse 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. 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. There are many sites that arc zoned to accommodate the proposed development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. PUL)Z,G:},·AF,·JSÔ"¡ ~'¡rw~~:~sø P:)D 9 Agenda Item No. 8A October 12, 2004 Page 15 of71 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 determined that required infrastructure meets with GMP established relationships. The proposed change will have no affect upon those conditions. P!JDl',O~}-ÞJ:{<%5g1, Hiw.tt::~5f.: ~JUD 10 Agenda Item No. 8A October 12, 2004 Page 16of71 FINDINGS FOR PUD PUD-03-AR-3561 Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a fmding as to the PUD 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 Hiwasse PUD document give assurance that all infrastructures will be developed consistent with County regulations. Any inadequacies that require supplementing the PUD document will be recommended to the Planning Commission and the BCC as conditions of approval by staff. Recommended mitigation measures will assure compliance with Level of Service relationships as prescribed by the GMP. 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 Hiwassc PUD document makes appropriate provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. The subject petition has been found consistent with the goals, objectives and policies of the GMP. A more detailed description of this conformity is addressed in the Staff Report. 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. The Hiwasse PUD Master Plan has been designed to optimize internal land use relationships through the use of various forms of open space separation. The LDC to assure harmonious relationships between projects automatically regulates external relationships. EXHIBIT "B" qUDl"G:;~"þ,~;::;~- 3561 < ~'Hwa!;.~¡fJ pue> 11 Agenda Item No. 8A October 12, 2004 Page 17 of71 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 light of concurrency requirements is not a significant 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, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. This assessment is described at length in the staff report. In addition, the Hiwasse PUD will not adversely impact any previous determination 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 PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards. PUDZ'.(\)"il<n";~56¡, r·'¡\jvags~~ ;::'iup 12 «'<:t..- coor- o~õ ! Z 'co ~~ ~ N..- i E"- Q)....Q) _Q)O> m -.Dro rooa.. i ; "0- CÜ Q)O 0> iii « I a.. I C'fO/j NO.!S!)NM 3'ln ,."-,,o-.LHOIII.OZ¡ 3!j1'\lr¡,j « l'J ~ :E II: ~ C W ii! !II i I- o. ¡!! - ~ ~ en ¡ ~ ~ z " ~ wQ ~ I .. !:!< ~ o. :J: ~ ØJO ¡g 0 ...J ~ ~I r C'), , ~~ a:: ~I < I ,i C'\ , 01 01 ('0' ..... .. .... / ~ ~ c - :J a. ~ S ~ Z ¡~8 i~~ d . iø~ ~ ~ I~ ~ :III 0 Is :I z -Iii i = w Ü I- 18i . I~i ~I ~¡¡ w !! I I- QIII/..,....,.~,i I w r (! ~ a.. OII''f'/JI1''IHiiI N¥DO'1 ~ A3'1nOII P ~R P I i a.. 5. I . I ~ go; ~ :.'Iii I~ !:i¡ 2:¡ I! « I I ~ i :E It - lI.YlAlJ.NI ! Z II I ~ I 0; 0 - I- « mow HOJSDNf\" Ü n" . I. 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C___:::.----~u--; ¡ i ¡-- _____J : , . - _______ ~~1'fI I : 1 I' I- I --... r·um~i i -----·..-ti··---Þ-}.-t- -··~\l; ni r RE:s-DBMITT ~-- - . -' ---- - : ; ¡i I PUDZ_2003-AR-3561 I ~ :i I :: t PROJECT #1002090002 : !! DATE: 4/8/04 ¡ !! RAY BELLOWS : ;1 -"--,,þ- ..-þ.._------ ê \CI I I' _.._---~-- --~_._--~_.- ~ .~. -~._-.--- ~ i « ~ . ø · · · c § I I ! ~ := ;; II 0 III ....: . . . i ¡ i i i ~ ., c c c .. I 1/ : II: ;¡=I~ .. c .. ~ ~ it 10 z. C ...I Q,' C a:' 1111- t;1 c: :1)( QIU [ flT'E I~JI I 'ill III 9 A- u.! (I) (I) ; i w :z: I- ; _..._....III-_.._.-""¡~" , , Agenda Item No. 8A - -·-Ðetobef-4~· 2004- -__ PUD~2003PÂjf_3g6171 PROJECT #2002090002 DA TE: 1/8/03 RAY BELLOWS Environmental Assessment Report of Hiwassee 12.5 Acre Tract Sec. 13, T49S,R25E Future Livingston Road, Collier County, Florida December 27,2001 Revised: January 5,2002 Prepared for: IIole, ~ontes, Inc. 950 Encore Way Naples, Florida 34110 Tel: (941) 254-2000 Fax; (941) 254-2099 conducted by Geza Wass de Czege. President Southern Biomes, Inc., Woodford Ave., Fort ~yers, FL 33901 Tel: (941) 334-6766 Fax: (941) 337-5028 Environmental Assessment Report Agenda Item No. 8A ~ October12,2004 Southern Biomes, Inc. Page 21 of 71 Division of Environmental Information Services 1802 Woodford Ave., Fort My...., FL 33801 - mall to: P.O. Box 50840, Fort Mye..., FL 33994 Ph. (941) 334-6766 Geza Was8 de Czege, President FAX (941) 337-5028 Hiwassee 12.5 ac. Tract, Sec. 13, T49S, R25E, Future Livingston Rd. Extension, Collier County, FL Revised: January 5, 2002 Hiwassee 12.5: Acre Tract Sec. 13, T49S, R2SE, Future Livingston Road Extension Collier County, Florida SITE LOCATION: The subject property is a narrow strip of land located approximately 1000 feet south of Pine Ridge Road, on the west side of the future Livingston Road Extension. The westerly property consists of a +/- 240 feet wide powerline easement. 1. VEGETATION MAP: A map of the vegetation associations, with the Florida Land Use and Cover Classification System (FLUCCS) at a 1:2400 scale (1" = 200'), is provided. 2. VEGETATION INVENTORY: A brief description and dominant canopy, midstory, and ground cover are listed according to habitat types identified on site. UPLAND COMMUNITIES (12.50 Acres): There are five (5) upland communities associated with the property, of which approximately 2/3 of the area is associated with a powerline easement. The following is a summary description of each community. Undeveloped Land With in Urban Area-193: (2.45 acres) Approximately half of the developable area is associated with this community. It consists of a previously cleared area for agriculture croplands, and has been maintained in a ruderal condition by periodic mowing. Vegetation is limited to grasses, sedges and weedy plants such as smutgrass, casia, sida, rustweed, dogfennel, ragweed, beggartick, foxtail, torpedograss, spurge and sandbur. spon Area/Horticultural Dump Slte-743: (2.07 acres) This disturbed community makes up the larger portion of the remaining half of the developable area, and consists of a previously cleared area for croplands that has been used as a horticultural dump site for the adjacent golf course maintenance facility. Vegetation is minimal because of the organic fill. PowerUne EasementIRuderal Land-832/193: (5.95 acres) This area is associated with the powerline easement. It consists of a previously cleared area for agriculture croplands, and has been maintained in a ruderal condition by periodic mowing. Vegetation is limited to grasses, sedges and weedy plants such as smutgrass, casia, sida. rustweed, dogfennel, ragweed, beggartick, foxtail, torpedograss, spurge and sandbur. PowerUne Easement/Horticultural Dump Slte-832/743: (0.76 acres) This area of the powerline easement is a disturbed community consisting of a previously cleared area for agriculture croplands that has been used as a horticultural dump site for the adjacent golf course maintenance facility. Vegetation is minimal because of the organic fill. Paved Maintenance Access Road-814S: (1.27 acres) This cover type consists of a paved road used for accessing the maintenance area for the adjacent golf course. - 2 - r-~ Agenda Item No. 8A October 12, 2004 Southern Biomes, Inc. Page 22 of 71 Division of Environmental Information Services 1602 Woodford Ave., Fort Myers, FL 33901 . mall to: P.O. Box 50640, Fort Myers, FL 33994 Ph. (941) 334-6766 Geza Wass de Czege. President FAX (941) 337-5028 Hiwassee 12.5 ac, Tract, Sec. 13, T49S, R25E, Future Livingston Rd. Extension, Co11íer County, FL Revised: January 5, 2002 UPLAND COMMUNITIES SUMMARY CODE DESCRIPTION Uplands (12.50 acres) Undeveloped/Ruderal Land in Urban Area Horticultural Spoil Area Paved Maintenance Access Road Powerline EasementlRuderal Area Powerline Easement/Horticultural Spoil Area ACRES 193 743 8145 832/193 832/743 2.45 2.07 1.27 5.95 0.76 TOTAL 12.50 Fish, Wlldlüe, Listed Species and their Habitats Pursuant to paragraph 4.1.1 (a), an applicant must provide reasonable assurances that a regulated activity will not impact the values of wetland and other surface water functions so as to cause adverse impacts to: (a) the abundance and diversity offish, wildlife and listed species; and (b) the habitat of fish, wildlife and listed species. In evaluating whether an applicant provided reasonable assurances under subsection 4.2.2, deminimis effects shall not be considered adverse impacts for the purposes of this subsection. ReSDODse: An endangered species survey was conducted on October 3,2001. One listed endangered or threatened wildlife species was found (the gopher tortoise), and one listed endangered or threatened plant species was found (the leather fern). The following describes the survey and the results. - 3 - Agenda Item No. 8A ,_ . October 12. 2004 Southern Biomes, Inc. Page 23 of 71 Division of Environmental Information Services 1802 Woodford Ave., Fort M~ra, FL 33901 . mall to: P.O. Box 50840, Fort Myera, FL 33994 Ph. (941) 334-6766 Gem Wass de Czege, President FAX (941) 337-5028 Hiwassee 12.5 ac. Tract, Sec. 13, T49S, R25E, Future Livingston Rd. Extension, Collier County, FL Revised: 1anuary 5, 2002 EndaD2ered Soecies Survey Metbodolo2Y: The entire project site has been field surveyed for endangered species using a modification 0 the transect line methods established by the Florida Fish and Wildlife Conservation Commission (FFWCC). The modified survey methodology has proven effective in covering 90-95% of the sites surveyed. The modified strip census uses meandering transect lines at 75' - 100' intervals. The meanders extend into adjoining transect lines to provide a near 100% coverage. The frequency of the meanders is determined by the ground cover and visibility. More densely vegetated areas receiv1 a greater ftequency of meanders, thus decreasing the area between meanders in some habitats to as nears as 12' apart. If the tenninus flagging markers of the transect lines are not visible, then survey flagging tape is attached to vegetation at the outer extent of the transect meanders to mark the coverage area for that transect. The visibility of the flagging tape assists in maintaining the transect direction, and is used as a gauge for determining the frequency of meanders within a transect area. Each tape must be visible ftom the previous meander. On the subsequent transects, the flagging tapl is removed and relocated at the outer limits of the transect area. Faunal species which do not lend themselves to the typical transect line survey methodology typically used for determining stationary floral and faunal species, require an additional method of observation. These species can be best observed by using game stalking techniques and periodic observations with field glasses at frequent intervals along transect lines. The frequency and duration of observations are determined by habitat density, species observed, and the stalking skills of the observer. The ability to blend into the surroundings is another key requirement for success. Any species observed were noted on an aerial photograph as to location and number of species sighted. Species presence and abundance on a given site cannot be determined for all species listed. Therefore, fauna which are mobile, transient, or deceptive are not always observed during a typical field survey such as required by Collier County. This is especially true for species abundance. Therefore, the status of each species is listed as to presence and numbers observed, and those species which can be reasonably surveyed for abundance are provided with such data. - 4 - .-."--.-.... - Agenda Item No. 8A October 12,2004 Southern Biomes, Inc. Page 24 of 71 Dlvlllon of Environmental Information Services 1602 Woodford Ave., Fort MY8r8, FL 33901 . mall to: P.O. Box 50640, Fort MY8r8, FL 33994 Ph. (941) 334-6766 Geza Wass de Czege. President FAX (941) 337-5028 Hiwassee 12.5 ac. Tract, Sec. 13, T49S, R25E, Future Livingston Rd. Extension, Collier County, FL Revised: January 5, 2002 Habitats Surveyed: Code 193 743 8145 832/193 832/743 Observed DescriDtion Undeveloped/Ruderal Land in Urban Area Horticultural Spoil Area Paved Maintenance Access Road Powerline Easement/Ruderal Area Powerline Easement/Horticultural Spoil Area SDecies o o o o o Endangered Species Observations: Below are listed species that are typically expected to be observed within the habitats identified on the project site, or similar habitats within Collier County. Observation notes and comments are made on each species. Endangered Species Expected to be Observed on Similar Habitats UPLAND SPECIES: Common Name Southeastern kestrel Eastern kestrel WETLAND SPECIES: Common ~ American alligator Eastern indigo snake Little blue heron Snowy egret Tricolored heron White Ibis Wood stork Everglades mink ---..--.- -...-.....--.. - -_.. -."--.--...--'--- .-. Scientific Name Falco sparverius. paulus Falco sparverius. sparverius Scientific Name Alligator mississippiensis Drymarchon corais couperi Egretta caerulea Egretta thula Egretta tricolor Eudocimus albus Mycteria americana Mustela vision evergladensis - 5 - !!!!!: Comments no not observed no not observed !!!!!: Comments no Possibly during season no not observed no not observed no not observed no not observed no not observed no not observed no inappropriate habitat Agenda Item No. 8A " .' . October 12, 2004 Southern Biomes, Inc. Page 25 of 71 Division of Envlronmentallnfonnatlon Services 1802 Woodford Ave., Fort Myers, FL 33901 . mall to: P.O. Box 50640, Fort Myers, FL 33994 Ph. (941) 334-6766 Geza Wass de Czege. President FAX (941) 337·5028 Hiwassee 12.5 ac. Tract, Sec. 13, T49S, R2SE, Future Livingston Rd. Extension, Collier County, FL Revised: January 5, 2002 Discussion and Conclusion: 1. As noted, there were no listed or endangered species found during the survey conducted on October 3, 2001. 2. Because of the openness of the area and the potential for wading bird foraging within the drainage ditch and disturbed area, there is a potential of finding wading birds during the rainy season. However, none were observed during the survey. Endangered Species Expected to be Observed on the Subject Property Common Name Scientific Name ~ Comments Little blue heron Egretta caerulea no not observed Snowy egret Egretta thula no not observed Tricolored heron Egretta tricolor no not observed White Ibis Eudocimus albus no not observed Wood stork Mycteria americana no not observed - 6 - ~._..n_"_'_.'.'. -~.~ ~._--,- r Agenda Item No. 8A October 12, 2004 Page 26 of 71 '- ..,,J APPLICATION FOR PUBLIC HEARING FOR: PUDREZONE . ._--------,~ Petition No.: Date Received: Planner Assigned: PUDZ-2003-AR-3561 - PROJECT #2002090002 Commission District: DATE: 1/8/03 RAY BELLOWS ABOVETOBECOMPLETEDBYST~ 1 . General Information: Name of Applicant(s) HIW ASSE. INC. Applicant's Mailing Address 2700 PThTE RIDGE ROAD City NAPLES State FL Zip 34109 Applicant's Telephone # 239-643-4440 Fax # 239-649-0427 Name of Agent ROBERT DUANE Firm HOLE MONTES INC. Agent's Mailing Address 950 ENCORE WAY City NAPLES State FL Zip 34110 Agent's Telephone # 239-254-2000 Fax # 239-254-2099 Agent's E-Mail Address: BOBDUANE(â)ROLEMONTES.COM COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (941) 403-24001FAX (941) 643-6968 W :\2001 \200 1 076\PUD\APPLICA nON. doc r------ ..-.-.- I Agenda Item No. 8A ~. .~ October 12, 2004 Page 27 of 71 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 of Homeowner Association: Mailing Address City State _ Zip Name of Master Association: KENSINGTON PARK MASTER ASSOCIATION. INC.. Mailing Address 1044 COSTELLO DRIVE City NAPLES State FL Zip 34103 Name of Civic Association: Nt A Mailing Address City State _ Zip 2. Disclosure ofInterest Information: a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entiret~ tenancy in common, or joint tenancy, list all parties with an ownership interest as we as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership W :\200 1 \200 1 D76\PUD\APPLlCA nON.doc ~-,,-- Agenda Item No. 8A J October 12, 2004 Page 28 of 71 b. If the property is owned by a CORPORATION, list the officers and stockholdt. J the percentage of stock owned by each. CREATIVE-TRADERS FlNANZ ANST ALL, a Liechtenstein corporation Name and Address, and Office JefiÌ'ev Mane:an - President Kenneth Johnson. Vice President/R.A Timothv Maurais. Treasurer Percentage of Stock (See attached list of beneficial owners) (The address for all officers listed above is 2700 Pine Ridge Road, Naples, FL 34109) c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust witJ 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 th name of the general anellor limited partners. Name and Address Percentage of Chwership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, Corporation, Trustee, or a Partnership, list the names of the contract purchaser below, including the officers, stockholders, beneficiaries, or partners. Name and Address PercentageofOwnenmp W:\2001 \2001 076\PUD\APPLICA TION.doc Date of Contract: --.--...... ., '.. I> .....i. EXHIBIT "B" Name of Corporation. Partnership, TrustITrustee: Name: Creative - TraderS Finanz - Anstalt A Liechtenstein c:orÐoratlon . Address: 2100 Pine RJdae Road Nacles~ Florida 34109 Name: Address: Name: Address: Name: Address: Name: Address: Name: Address: Name: Address: Name: Address: Name: Address: Name: Address: Name: Address: Name: Address: Agenda Item No. SA October 12, 2004 Page 29 of 71 HÙI·".,.lne. Name~ Address: Name: Address: Name: . A.ddress: Name: Address: Name: Address: Name: Address: Name: Address: Name: Address: Name: Address: Name: Address: Name: Address: Name: A.ddress: N:tmA' .0 'd BO:Sl ZOOZ Ll +~O "I~....._.. BLZl-SE'-6Cz:xe~ NVM310J 31131000D -.. Agenda Item No. 8A October 12,2004 Page 30 of 71 H1W ASSE, INC. - Beneficial Owner, .. PRO ÌlA.TA. SHARB NAME ADDllBSS 41.59(, Anfrlll St.. Røbludd.'t CH 5620 BnmprtølJ 7. 0" lùI",iAG- ToltySUinør Rcbhølú I, CH S620 8,.",,,,.,. 4.0" . Dtmf$ AG -- Tony Stølnlfl' Reb1l1l1tle I, CH 5620 BNIIIIlIIrIrnI 10.0" Erich Faa Sutørh".,19, CN S620 B,."""tn1ø1l 10.0" RølllIId Stiml Z"pntlrtøl1ø 19, CN 5"0 Bnmglll'tlJll 3.D" Will" Koch Scldtutø~ 21, CH '702 ZøIliAø" 5.0" Rob"'" A. M,1lüI, W~.e 5, CN 1700 K..llllchl 1.D" LeøÑlIll'tl F~ Eirchwøg 1, CH '9" RlUWflltrltten 10.0" Htull-UI.ricIt Mu4ør Rø6Ñr616. 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IW .,...... ......, ..... a. .... ...us...... n.dIIIi. . . ~ . .~. ...... fJ:.!L~-{.!~ ., ...... II!iIte ... leU ~ ........ ..... 11, ...1 ~~,.:.;..~:. ,-;:\~,~-.",,:,,,I' .... ... U,f ~... Q'.J''9'' ~'~{;' "" "CI'~ ~ 'iA1f Dr .. . I. ~.:;-;~~, ..1 . 'iii I ¡:OJ 'Ii . ~ .. . .Agenöa Item No. 8A ; .' . October 12, 2004 ..' Page 38 0: 71 I I c::I = . . CD 8 \.ct en ;:I; ...., . " . " iii I - .. - lit Q ;! Q - - C') - ", - W ~ - ')2 Q - fiI .. Q .... t . '1. -- .-. ," 00196 ,. ..-.....~ '.. . 01 lOOK·, · i nIIII.1Dn IDØ I . .' . . . _1., I'2.&"Ua . . ''''''-' 14, "N' . '''~'. ... ftLa a...w,..., t:ha .....1inW~ ('0111", an4 .,...l1r, u... tbaa' -t, ~ u .., to WAL'Da.... ucI ~.~~.. -. ..-... .... vUa . -...c:, 111 t:ba allna~ .....~ ....11.... t.ba p:&"~..1 _ oC .. ..~ roan" IJ"IICIIØ8UD AD IIDllaD ~ (tUG,,!""O) vitia I.a~" I:~ daU/ a_ tdIa nt:a of tw1... ~ ant. (u.DtJ pn:' ....... on tbe _lanc.:' tna t:1M to t.tao .-1ftbt -..14. 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II~ 01:' to ~t:.eat:. 1:ba MC:NI:1ty 'CI( AU ~. i· _. _.... ~n1n., the t:e.a .bD14c.~Þ1:· ani! -pay..- ...11 lie _~L."" 1ft the a1nplu en:' p11lft i \.., i:tae aaa~ -Y' nII'Iin .. ...it: , r 1Iaku'. UJ~ ..a. . IIa .00 .tIa ..... IoGtb, ..La lit ..,1", n..ida "'.0 '.~I'·-· .' . ~ ," . Agenda Item No. 8A' Octoþ~r 12., 2.004 00 lit I ~age 39 of71 PAGE ". ! . . .... ..... ..-- . -." - - ..... ,......þ. ,.. þ4D,on.. , i. . '" 41''''O\~-44.r\1''''''.~ Agenda Item No. 8A October 12, 2004 Page 40 of 71 í 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 (see attached deeds) leased (): lease vrs.lmos. Tenn of If, Petitioner has 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 pW'Chase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. 3. Detaßed legal descriotion of the orooertv covered bv the aoollcation: (If space is inadequate, attach on separate page.) If.request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: 23 Township: 49 South Range: 25 East Lot: Block: Subdivision: N/A OR Book 1695 Page #: 000605 Property I.D.#: 00258970908 Metes & Bounds Description: See attached Exhibit "B" LeS1:al Descrit>tion 4. Size of DrODertv: 390 ft. X 1400 ft. = Total Sq. Ft. 546.000 Acres 12.515 5. Address/2enerallocation of subject DrODertv: located 1400 feet north oithe intersection of Easton wood Lane and Future Livingston Road W:\200 1 \200 1 076\PUD\APPUCA TION .doc ------ --.. # Agenda Item No. 8A October 12, 2004 Page 41 of71 6. Adlacent zoniD!! and land use: Zoning Land use Vacantoortion of Related Grouo PUD and Kensimrton Park PUD N AIP.U.D. S P.U.D. E AIP.U.D. W P.D.D. Kensington Park Maintenance Area and residential development Vacant/Arlington Lakes PUD/Byrnwood PUD Kensington Park/residential Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). N/A Section: Township: Range: Lot: Block: Subdivision: Plat )3ook_ Page #: Property I.D.#: Metes & Bounds Description: 7 . Rezone Reooest: This application is requesting a rezone from the AIZIÏcultural zoning district(s) to the PUD zoning district(s). Present Use of the Property: Vacant Proposed Use (or range of uses) of the property: Professional office or medical use buildings 8. 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 the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. W :\200 1 \2001 076\PUD\APPLICA nON ,doc '--- AFFIDA VIT WelL -J6'PF MAIJ(j ~ V being first duly sworn, depose and say that ~I am/r th~§ _q[the property described herein and which is the subject matter of the proposed hearing; thI!17fif<'1lr answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part òf this application, are honest and true to the best of our knowledge ðnd belief. Well 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 owner We/lfurther authoriz~A"bÌ1tC\O ~ ~p ~ to act as our/my representative in any matters regarding this Petition. Agenda Item No. 8A October 12, 2004 Page 42 of 71 Signature of Property Owner IWJGAJI Typed or Printed Name of Owner Typed or Printed Name of Owner The Jor'W instrument was acloww~ -- ,>lot.. r'ð'fnday of ~ 200 Õ? by \....~ ~ who' ersonally known to~ or has produced as identification. State of Florida County of Collier (Signature of Notary Public - State of Florida) .. (print, , or Stamp Commissioned Name of Notary Public) 101412002APPLICATION FOR PUBLIC HEARING FOR PUD RE-ZONE I. ... Agenda Item No. 8A October 12, 2004 Page 43 of 71 EXHIBIT "8" LEGAL DESCRD'TION A PARCEL OF LAND LOCATED·1N THE EAST HALF OF SECTION 13, TOWNSHJP 49 SOtJ'TH. RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED . AS FOLLOWS: . COMMENCE AT THE NORrnEAST CORNER. OF SECTION 13, TOWNSBJP 49 SOUI'B, RANGE 2S EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.OOOlS'37"E., ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 1319.79 FEET TO THE SOUTHEAST CORNER OF THE NORTlŒAST QUARTER OF THE NORTHEAST QUARTER OF SAID SEGnON 13; THENCE RUN N.89"23 'S 3"W. ALONG THE soum LINE OF TIlE NORTHEAST QUARTER OF THE NORTHW AST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 120.01 FEET TO A POINT 120.00 FEET WESTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE NORTIlW AST QUARTER OF SAID SECTION 13 AND 11IE POINT OF BEGINNING OF TIlE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S.OOOlS'37"E., PARALLEL WITH THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 1321.49 FEET TO A POINT ON THE SOtITH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN S.OOO09'47"E:, PARALLEL WITH THE EAST LINE OF THE SOurHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 73.69 FEET TO THE MOST NORTHEASTERLY CORNER OF EATONWOOD LANE, A 130.33 FOOT RIGHT-OF-WAY, AS THE SAME IS SHOWN ON THE PLAT OF KENSIGNTON PARK. PHASE THREE-B ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 28 AT PAGES S AND 6 OF THE PUBLIC RECORDS OF COLLIER. COUNTY, FLORIDA; THENCE RUN S.89"SO'13"W., ALONG THE BOUNDARY OF SAID IŒNSIGNTON PARK PHASE 1HREE-B, FOR A DISTANCE OF 390.00 FEEr; THENCE RUN N.OOO09'47''W.~ ALONG TIlE BOUNDARY OF SAID KENSIGNTON PARK. PHASE THREE-B, FOP. A DISTANCE OF 73.36 FEET TO A POINT ON THE SOUTH LINE OF TIlE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN N. 00)1S'37''W., ALONG THE BOUNDARY OF SAID IŒNSIGNTON PARK PHASE THREE-B, FOR A DISTANCE OF 1150.79 FEET TO THE MOST NORTHEASTER!.. Y CORNER OF SAID KENSIGNTON PARK PHASE THREE-B; THENCE CONTINUE N.00015'37''E., ALONG TIlE BOUNDARY OF IŒNSIGNTON PARK PHASE 3A ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 26 AT PAGES 51 AND 52 OF THE PUBUC RECORDS OF COlLIER COUNTY, FLORIDA, FOR A DISTANCE OF 176.24 FEET TO A P01NT ON THE soum LINE OF THE NORTHEAST QUARTER. OF THE NORTHEAST QUARTER. OF SAID SECTION 13; THENCE RUN S.89"23'53"E., ALONG THE SOUTH LrnE OF TIlE NOR'IHEAST QUARTER OF T~ NORTHEAS'fEl("QUAR'I'ElrOP-SAJI)SECTION 13";P01O:DISTANCE OF 390.05 FEET TO THE POINT OF BEGINNJNG: CONTAINING 12.515 ACRES, MORE OR LESS. THIS PROPERTY IS SUBrncr TO EASEMENTS, RESERVATIONS OR RESTRUcnON OF RECORD. BEARINGS REFER TO THE EAST L1NE OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 49 SOUm, RNAAGE 25 EAST, LEE COUNTY, FLORIDA AS BEING S.OOOI5'39"E. HOLE MONTES, INC. CERTIFICATION OF AUTHORIZATION LB #1772 W:\200 1 \2001 076\MJR\EXH1BIT B LEGAL DESCRIPTlON.doc Agenda Item No. 8A October 12, 2004 Page 44 of 71 Hiwasse Commercial Center Narrative The subject 12.5+ acre property is located in the western side of Livingston Road and is between station 270+80 and 286+80 of Livingston Road (the centerline intersection of Pine Ridge Road is station 300+00). This proposed project has about 5.0 acres of commercial on the eastern side of the property and 7.5 acres of Florida Power & Light Esaement on the western side. Eatonwood Lane is located on the southern property line of this project. The project has been broken down into 2 types of watersheds; one in the' commercial tract and the other grass FPL easement tract. The commercial tract has to provide the required W' pre-treatment dry detention, which is the parking lot runoff prior to discharging into the County stonn sewer system. The control structure will be located at the southern end of the site and the discharge pipe will terminate at the Collier County's 18" RCP which is stubbed into the site at station 274+50. The storm water management plan is based on Dry Detention; . The Livingston Road storm system discharges into a storage basin at station 238+00, and it is designed with a 10-year water level of 10.05 NGVD and a designed 25-year water level of 11.78 NGVD. This basin discharges into the 1-75 canalS,OOO feet east of Livingston Road, the canal has a 10-year level of 9.6 NGVD and a 25-year level of 10.5 NGVD. On the eastern side of the proposed Livingston Road is a ditch with a bottom elevation of +5 NGVD. At the time of the survey for Livingston Road the water level was elevation 7.3 in the ditch. Based on the cross-sections of Livingston Road from Station 270+00 to 290+00 the existing ground at Hiwasse is about elevation 10.6 +/-. The assumed wet season water level at the site is 8.0 NGVD. Agenda Item No. 8A October 12, 2004 Page 45 of 71 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REOUEST 1 . NAME OF APPLICANT: Hiwasse. Inc. 2 . MAILING ADDRESS: 2700 Pine Rid~e Road CITY Naples STATE FL ZIP 34103 3 . ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 4. LEGAL DESCRIPTION: Section: 13 Township: 49 South Range: 2S East Lot: N/A Block: N/A Subdivision: N/A Plat Book Page #: Property I.D.#: 00258970908 Metes & Bounds Description: See attached legal description 5 . TYPE OF SEW AGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM [g b. CITY UTILITY SYSTEM 0 c. FRANCmSED 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. FRANCmSED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) ~ o o o W:\200 1 \2001 076\PUD\APPLICA TION.doc Standard Rezone Considerations fLDC Section 2.7.2.5) Agenda Item No. 8A October 12, 2004 Page 46 of 71 1. Whether the proposed change will be consistent with the goals, objectives, and policies and jùture land use map and the elements of the growth management plan. 2. The existing land use pattern. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. 4, Whether existing district boundaries are illogically drawn in relation to existing conditions on the property for the proposed change. 5. Whether changed or changing conditions make the passage of the proposed amendment (rezone) necessary. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. 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. 8. Whether the proposed change will create a drainage problem. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. 10. Whether the proposed change will seriously affect property values in the adjacent area. II. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 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. 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 W:\2001 \2001 076\PUD\APPLICA TION.doc " Agenda Item No. 8A October 12, 2004 plan and as defined and implemented through the Collier County Adequate Pua¡}Fzé7 of 71 Facilities Ordinance [Code ch. 106, art, II}, as amended. 18. Such other factors, standards, or criteria that the board of county commissioners shall deem important in the protection of the public health, safety, and welfare. PUD Rezone Considerations fLDC Section 2.7.3.2.5) 1. The suitability of the area for the type and pattern of development proposed žn relation to physical characteristiCs of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 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. Findings and recommendations of this type shall be made only after consultation with the county attorney. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. 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. 5. The adequacy of usable open space areas in existence and as proposed to serve the· development. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. The ability of the subject property and of surrounding areas to accommodate expansion. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 9. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions, 10. Previous land use Detitions on the sublett UfODertv: 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 W:\2001 \2001 076\PUD\APPLICA TION.doc iU. I 11. Agenda Item No. 8A October 12, 2004 Page 48 of 71 Additional Submittal reauirements: In addition to this completed application, the following shall be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre-application meeting. a. A copy of the pre-application meeting notes; b. If this rezone is being requested for a specific use, provide twenty f20) copies (this includes: Hill if affordable housing, Joyce Ernst, if residential and Immokalee/Water Sewer District, if in Immokalee) of a 24" x 36" conceptual site plan [and one reduced 8W' x 11" copy of site plan], drawn to a maximum scale of I 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 CCPe]; · all existing and proposed structures and the dimensions thereof, · provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), · all existing andlor proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking. for the disabled], · required yards, open space and preserve areas, · proposed locations for utilities (as well as location of existing utility seIYÌces to the site), · proposed and/or existing landscaping and buffering as may be required by the County, a. An architectural rendering of any proposed structures. b. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC) , or a request for waiver if appropriate. c. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Fonns 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.). d. Statement of utility provisions (with all required attachments and sketches); e. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; W:\2001 \2001 076\PUD\APPLICA TION.doc Agenda Item No, 8A October 12, 2004 Page 49 of 71 f. 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); g. 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. h. An electronic version of the PUD on a disk as part of this submittal package. W:\200l \2001076\PUD\APPLICA TlON,doc .____ _"~~_~_,_'k_ ORDINANCE NO. 04-_ I Agenda Item No. 8A October 12, 2004 Page 50 of 71 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 9]-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, AS AMENDED. WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 95135; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURAL ZONING DISTRICT TO "PUD" COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT TO BE KNOWN AS THE HIWASSE CPUD CONSISTING OF A MAXIMUM OF 91,000 SQUARE FEET OF PROFESSIONAL OFFICE AREA IN A BUILDING CONTAINING A MAXIMUM OF 200,000 SQUARE FEET OF INDOOR-SELF STORAGE AREA WITH A MAXIMUM ZONING HEIGHT OF THREE (3) STORIES OR THIRTY-FIVE (35) FEET LOCATED ON THE WEST SIDE OF LIVINGSTON ROAD APPROXIMATELY ONE-QUARTER MILE SOUTH OF PINE RIDGE ROAD, IN SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 12.5± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert L. Duane. AICP, of Hole Montes and Associates, representing Hiwasse, Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the herein described real property located in Section 13. Township 49 South, Range 25East, Collier County, Florida. is changed from "A" Rural Agricultural zoning district to "PUD" Commercial Planned Unit Development (CPUD) in accordance with the "Hiwasse" CPUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 9513S. as described in Ordinance Number 91-102, as amended, the Collier County Land Deve]opment Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon tiling with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _ day of ,2004. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA A TIEST: DWIGHT E. BROCK. CLERK BY: Deputy Clerk DONNA FIALA, CHAIRMAN \ Patrick G. Wh te Assistant County Attorney PUDZ·2003.AR.35611RBIsp Page I of] Agenda Item No. 8A October 12, 2004 Page 51 of 71 HIW ASSE A PLANNED UNIT DEVELOPMENT PREPARED BY: ROBERT L. DUANE, A.I.C.P. HOLE MONTES, INC. 950 ENCORE WAY AND NAPLF..s, FLORIDA 34110 RICHARD YOV ANOVICH, ESQ. GOODMAN, COLEMAN & JOHNSON 4001 T AMIAMI TRAll.. N., STE. 300 NAPLES, FLORIDA 34103 HM PRO.JECT 2001076 NOVEMBER, 2002 Date Reviewed by CCPC: Date Approved by BCC: Ordinance No. Amendments & Repeals EXHIBIT "A" 1 C:\AdLib eXprcss\Work\rad45CC9.tmp.doc Agenda Item No. 8A October 12, 2004 Page 52 of 71 TABLE OF CONTENTS Page SECTION I Statement of Compliance... .................................... ............... .................................. 3 SECTION IT Property Ownership, Legal Description, Short Title and Statement of Unified Control....... '........... ........... ................................................... 4 SECTION III Statement of Intent and Project Description..................,.................,.....5 SECTION IV General Development Regulations...,... ..... ................ ,..... ..... ,...... ,......6 SECTION V Permitted Uses and Dimensional Standards for Commercial Development... .13 SECTION VI Development Commitments..,.... ....................,.....",........ ..,... ,.........15 EXHIBITS Exhibit A - PUD Master Plan Exhibit B - Legal Description Exhibit C - Landscape Detail and View Elevation 2 C:\AdLib eXpress\Work\rad45CC9.tmp.doc Agenda Item No. 8A October 12, 2004 Page 53 of 71 SECTION I STATEMENT OF COMPLIANCE The devclopment of +12.52 acres of property in Section 13, Township 49 South. Range 25 East Collier County, Florida. as a Planned Unit Development to be known as the Hiwasse PUD. will be in compliance with the goals, objectives, and policies of Collier County as set forth in the Growth Management Plan. The commercial uses of the project will be consistent with the growth policies. land development regulations and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: 1.1 The property is locatcd in the Livingston Road/Eatonwood Lane Commercial Infill SubDistrict as dcpicted on the Collicr County Future Land Use Map. This SubDistrict allows professional and medical offices and indoor-self storage facilities to serve sWTounding residcntial areas that are proposed uses in this PUD. 1.2 The maximum allowed development intensities in the Livingston Road/Eatonwood Lane Commercial Infill Subdistrict include 91,000 square feet of professional or medical office use in buildings containing a maximum height of thirty-five (35) feet, or 200,000 square feet of indoor self-storage area in buildings containing a maximum of three stories and a maximum height of fifty (50) feet. Should a mix of office. medical and indoor self- storage facilities develop on the property, for each two square feet of indoor self-storage area, one square foot of office area shall be reduced from the maximum allowable office or medical use area permitted. Access to the property within the Sub-district shall be from one of two access points depicted on the PUD Master Plan on Livingston Road that can be found consistent with Collier County Access Management standards. No access is permitted from Eatonwood Lane. The proposed development intensities for the Hiwasse PUD include a maximum of 91,000 square feet of professional or medical office area in buildings containing a maximum height of thirty-five (35) feet, or a maximum of 200,000 square feet of indoor- self-storage area with a maximum height of three (3) stories of thirty-five (35) feet. Therefore, consistency with thc Futw'c Land Use Elcment ("FLUE") can be established with the proposed development intensities for the Hiwasse PUD. 1.3 The subject property's location in relation to the existing or proposed community facilities and services supports the development's commercial uses as required in Objective 2 of the FLUE. 1.4 The proposed development is compatible with and complementary to existing and future surrounding land uses as requirc.d in Policy 5.4 of the FLUE. 1.5 Improvements are planned to be in compliance with applicable land development rcgulations as set forth in Objective 3 of the FLUE. 1.6 The proposed development will result in an efficient and economical extension of community facilities and services as required in Policy 3.1. G of the FLUE. 1.7 All final development orders for this project arc subject to the Collier County ConcutTency Management System, as implemented by the Adequate Public Facilities Ordinance in Division 3.15 of the Land Development Code and further required by policy 3 C:\AdLib eXpress\Work\md45CC9.tmp.doc Agenda Item No. 8A October 12, 2004 Page 54 of 71 2.3 of the FLUE. 1.8 This PUD shall not become effective until petition CPSP 2003 - 12 is adopted by the Collier County Board of Commissioners C:\AdLib eXpress\Work\rad45CC9.tmp.doc 4 Agenda Item No. 8A October 12. 2004 Page 55 of71 SECTION II PROPERTY OWNERSHIP, LEGAL DESCRIPTION, SHORT TITLE AND STATEMENT OF UNIFIED CONTROL 2.1 PROPERTY OWNERSHIP The property is owned by Hiwasse Inc. 2.2 LEGAL DESCRIPTION The legal description is provided for in Exhibit "B". 2.3 GENERAL DESCRIPTION OF PROPERTY The property is located on the west side of Livingston Road approximately one-qmu1er (1.4) of a roi1e south of Pine Ridge Road. PHYSICAL DESCRIPTION The subject property is vacant at the time of the application for rezoning. The soil classification for the subject property is Holopaw Fine Sand, Limestone Substratum. The property is located in Flood Zone X. The zoning classification prior to the date of approval of this PUD was Agricultw-al (A). 2.4 SHORT TITLE This Ordinance shall be known and cited as the "Hiwasse Planned Unit Development Ordinance" . 2.5 STATEMENT OF UNIFIED CONTROL This statement represents that the current property owner has lands under unified control for the purpose of obtaining PUD zoning on the subject property. 5 C:\AdLíb eXpress\Work\rad45CC9.tmp,doc Agenda Item No. 8A October 12, 2004 Page 56 of 71 SECTION III STATEMENT OF INTENT AND PROJECT DESCRIPTION 3.1 INTRODUCTION It is the intent of this Ordinance is to establish a Planned Unit Development meeting the requirements as set forth in Section 2.2.20 of the Col1ier County Land Development Code (LDC). The purpose of this document is to set forth guidelines for the future development of the project that meet accepted planning principles and practices. and to implement the Collier County Growth Management Plan. 3.2 PROJECT DESCRIPTION The project contains 12.5 acres and includes 7.55 acres in a Florida Power and Light casement area. The proposed uses are a mix of professional office and medical uses and indoor-self storage facilities. Access will be provided from Livingston Road. The Florida Power and Light ("FPL") Easement Area that creates a separation from residential uses to the west will remain in open space. 3.3 LAND USE PLAN AND PROJECT PHASING A. The PUD Master Plan provides for areas of commercial use, water management areas. open spaces and road rights-of-way as depicted on the PUD Master Plan Exhibit "A". The PUD Master Plan is designed to be flexible with regard to the placement of buildings, tract~ and related utilities and water management facilities. More specific commitments will be made at the time of Site Development Plan and pe11Jlitting approval, based on compliance with all applicable requirements of this Ordinance, the LDC and local, state and federal permitting requirements. All tracts may be combined or developed separately subject to compliance with the applicable dimensional requirements contained within this document. B. Th.e anticipated time of build-out of the project is approximately four (4) years from the time of issuance of the first building permit, or 2006. However, actual build-out will depend on market conditions. C:\AdLib eXpress\Work\rad45CC9.tmp.doc 6 Agenda Item No. 8A October 12,2004 Page 57 of 71 7 C:\AdLib eXpress\Work\rad45CC9.tmp.doc ---- Agenda Item No. 8A October 12,2004 Page 58 of 71 SECTION IV GENERAL DEVELOPMENT REGULATIONS The purpose of this Section is to set forth the development regulations that may be applied generally to the development of the Hiwasse Planned Unit Development and Master Plan. 4.1 GENERAL The following are general provisions applicable to the PUD Master Plan: A. Regulations for development of the Hiwasse PUD shall be in accordance with the contents of this document, the PUD Planned Unit Development District and other applicable sections and parts of the LDC and the Collier County Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements. The developer, his successor or assignee, agree to follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this agreement. B. Unless otherwise noted, the definitions of all tenus shall be the same as th.e definitions set forth in the LDC in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the Hiwasse PUD shall become part of the regulations that govern the manner in which this site may be developed. D. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities, of the LDC at the earliest or nexl to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. E. Unless specifically waived through any variance or waiver provisions of any other applicable regulations, the provisions of those regulations not otherwise provided for within this PUD remain in full force and effect. In the event there is a cont1ict between the regulations established in the PUD or any other regulations, the regulations within the PUD shan prevail. 4.2 SITE CLEARING AND DRAINAGE Clearing, grading, earthwork, and sitc drainage work shall be petformcd in accordance with the Collier County LDC and thc standards and commitments of this document in effect at the time of construction plan approva1. 4.3 EASEMENTS FOR UTILITIES C:\AdLib eXpress\Work\rad45CC9.tmp.doc 8 Agenda Item No. 8A October 12, 2004 Page 59 of 71 Easements, where required, shall be provided for water management areas, utilities and other purposes as may be required by Collier County. All necessary easements, dedications or other instruments shall be granted to ensure the continued operation and maintenance of all services and utilities. This will be in compliance with the applicable regulations in effect at the time construction plans and plat approvals are requested. Easements dedicated to Collier County shall be counted toward the County's open space and the retention of native vegetation requirements. 4.4 AMENDMENTS TO THE ORDINANCE The proposed PUD Master Plan is conceptual in nature and subject to change within the context of the development standards contained in this Ordinance. Amendments to tills Ordinance and PUD Master Plan shall be made pursuant to Section 2.7.3.5 of the Collier County LDC, in effect at the time the amendment is requested. 4.5 PROJECT PLAN APPROVAL REQUIREMENTS Exhibit "A", the PUD Master Plan, constitutes the required PUD developmeI1t plan. Subsequent to, or concurrent with PUD approval, a preliminary subdivision plat (if required) shall be submitted for the entire area covered by the PUD Master Plan. All division of property and the development of the land shall be in compliance with the subdivision regulations set forth in Section 3.2 of the LDC. Plior to the recording of the final subdivision plat, when required by the subdivision regulations set forth in Section 3.2 of the LDC, final plans of the required improvements shall receive the approval of all appropriate Collier County governmental agencies to ensure compliance with the PUD Master Plan, the County subdivision regulations and the platting laws of the State of Florida. Prior to the issuance of a building permit or other development order, the provisions of Section 3.3, Site Development Plans, shall be applied to all platted parcels, where applicable. Should no subdivision of land occur, Section 3.3 shall be applicable to the development of all tracts as shown on the PUD Master Plan. 4.6 PROVISION FOR OFFSITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stockpiling in preparation of water management facilities or to otherwise develop water bodies is hereby pem1itted. If, after consideration of fin activities on buildable portions of the project site, there is a surplus of earthen material, offsite disposal is also hereby permitted subject to the following conditions: A. Excavation activities shall comply with the definition of a "development excavation" pursuant to Section 3.5.5.1.3 of the LDC, whereby offsite removal 9 C:\AdLib eXpress\Work\rad45C'C9.tmp.doc -..--- Agenda Item No. 8A October 12, 2004 Page 60 of 71 shall not exceed ten (10) percent of the total volume excavated up to a maximum of 20,000 cubic yards. B. A timetable to facilitate said removal shall be submitted to the Development Services Director for approval. Said timetable shall include the length of time it will take to complete said removal, hours of operation and haul routes. C. Al] other provisions of Section 3.5 of the LDC are applicable. 4.7 SUNSET AND MONITORING PROVISIONS The Hiwasse PUD shall be subject to Section 2.7.3.4 of the LDC, Time Limits for Approved PUD Master Plans and Section 2.7.3.6, Monitoring Requirements. 4.8 POLLING PLACES Polling places shal1 be provided in accordance with Section 3,2.8.3.14 of the Collier County Land Development Code. 4.9 NATIVE VEGETATION The project shall meet the requirements of Division 3.9, Vegetation Removal, Protection and Preservation of the LDC for the subject property. 4.10 OPEN SPACE The total aggregate of such open space areas shall meet or exceed the open space requirements of Section 2.6.32 of the LDC and arc met within the FPL casement area. 4.11 ARCHAEOLOGICAL RESOURCES The developer shall be subject to Section 2.2.25.8.1 of the LDC pertaining to archaeological resources in the event such resources are contained on the property. 4.12 COMMON AREA MAINTENANCE Common area maintenance, including the maintenance of common facilities, open spaces, and water management facilities, shall be the responsibility of a homeowners' association to be established by the developer. 4.13 OFF STREET PARKING AND LOADING All off street parking and loading facilities shall be in accordance with Division 2.3 of the Collier County Land Development Code. 4.14 LANDSCAPING All landscaping shall be in accordance with the requirements of Division 2.4 of the 10 C:\AdLib cXpress\Work\rad45CC9.tmp.doc Agenda Item No. 8A October 12, 2004 Page 61 of 71 Collier County Land Development Code. However, an enhanced Type "B" buffer will be provided along the eastern edge of the FPL Easement Area subject to their approval. A cross section of the enhanced buffer area is provided on Exhibit C: Landscape View and Detail. At the time of SDP approval, a letter shall be provided from FLP, stating that the enhanced "B" Buffer area meets with their approval.. 11 C:\AdLib eXpress\Work\rad45CC9.tmp.doc -'.'--.- Agenda Item No. 8A October 12, 2004 Page 62 of 71 4.15 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Hiwasse PUD. General permitted uses are those uses which generally serve the Developer and occupants of the Hiwasse PUD and arc typically part of the common infrastructure or are considered community facilities A. General Permitted Uses: 1. Essential services as set forth under LDC, Section 2.6.9.1. 2. Water management facilities and related structures. 3. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 4. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including the necessary access ways, parking areas and related uses to serve such oftices. 5. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 4.14 of this PUD. 6. Any other use which is comparable in nature with the foregoing list of permitted accessory and principal uses, as determined by the Board of Zoning Appeals ("BZA"). B. Development Standards: Unless otherwise set forth in this Document, the following development standards shal] apply to structures: 1. Setback from back of curb or edge of pavement of any road - Ten feet (10'), 2. Setback from PUD boundary - Fifteen feet (15'), however, berms for water management facilities may be constructed within five (5) feet of a property line provided all other applicable requirements of this Ordinance and the LDC are met. 3. Minimum distance between unrelated structures - Ten feet (10'). 4. Maximum height of structures - Twenty-Five feet (25'). 5. Minimum lot or parcel area - 10,000 square feet. C:\AdLib eXpress\Work:\rad45CC9.tmp.doc 12 Agenda Item No. 8A October 12,2004 Page 63 of 71 6. Standards for parking, landscaping, signs and other land uses where such standards arc not specified herein or within the Hiwassc PUD design guidelines and standards are to be in accordance with LDC in effect at the time of site development plan approval, 4.16 SIGNAGE A. General: 1. All Collier County sign regulations, pursuant to LDC, Division 2.5, Signs, in force at the time of sign permit application shall apply unless such regulations are in conOict with the conditions set forth in this Section, in which case the PUD Document shall govern. 2. Signs shall be pennitted in plivate rights-of-way. 3. All signs shall be located so as not to cause sight line obstructions. 4. All internal project rights-of-way, drive aisles, or access easements may be utilize,d for decorative landscaped entrance features and signage subject to review and approval from the Planning Services Department for consistency with the requirements set for herein. B. Traffic Signs: 1. Traffic signs such as street signs and speed limit signs may be designed to reflect a common architectural theme. The placement and size of the signs shall be in accordance with DOT criteria. C. Wall Mounted Signs 1. Wall mounted signs shall be individual letters mounted separately or on a continuously wire raceway in a color to blend with the background. Box type signs are not permitted. 2. Building signs shall be placed within a horizontal signage band around the building perimeter that does not exceed Collier County requirements. D. Colors 1. Harmonious color schemes for signs are required but corporate identity variations arc acceptable. Signs with multi-color letters are not permitted. 4.17 ARcmTECTURAL AND SITE DESIGN STANDARDS A. Applicability 13 C:\AdLib eXpress\Work\rad45CC9.tmp.doc Agenda Item No. 8A October 12, 2004 Page 64 of 71 1. The "Architectural Standards for Livingston RoadlEatonwood Lane Commercial Infill Subdistrict" have been created by the developer to promote a visually hannonious framework for all developments within the PUD boundaries. It establishes minimum design standards to enhance compatibility with adjacent properties and to assist architects in designing appropriate property improvements. These standards replace related portions of the Comer County Architectural Guidelines (LDC Division 2.8) as noted. All other portions of the Collier County Land Development Code (LDC) and all other codes with jurisdiction shall remain in full force to the extent they are not inconsistent with the provision of this PUD. B. Intent 1. The intent of this standard is to establish architectural requirements that promote a common architectural theme for the professional I medical offices and indoor self-storage buildings on the site and to harmonize with adjoining property uses. C. Building Design Requirements AJJ Collier County Land Development Code Division 2.8 requirements shall apply to outside storage areas except as noted below: 1. Modify LDC 2.8.3.5.11 - Entryways/Customer Entrance Treatments as follows for indoor self-storage buildings over 20,000 square feet. a. Purpose and iment. Entryway design elements and variations are intended to gjve protection from the sun and adverse weather conditions. These clements are to be integrated into a comprehensive design style for the project. b. Entryways / customer entrance standards. These standards identify appropriate entry features. c. Single use buildings. Single use buildings shall have clearly defined, highly visible customer entrances which shall include the following: (1) decorative landscape planters or wing walls which incorporate landscaped areas; and (2) structural or vegetative shading. (3) front entry shall be set back from the drive a minimum distance of 15 feet. 2. Modify LDC 2.8.4.4.10 - Enuyways/Customer Entrance Treatments as follows for indoor self-storage bui1dings over 10,000 square feet to 20,000 14 C:\AdLib eXpress\Work\rad45CC9.tmp.doc Agenda Item No. 8A October 12, 2004 Page 65 of 71 square feet. a. Purpose and intent. Entryway design elements and variations are intended to give protection from the sun and adverse weather conditions. These elements arc to be integrated into a comprehensive design style for the project. b. Entryways / customer entrance standards. These standards identify appropriate entry features. c. Single use buildings. Single use buildings shall have clearly defined, highly visible customer entrances which shall include the following: (1) decorative landscape planters or wing walls which incorporate landscaped areas; and (2) structural or vegetative shading. (3) front entry shall be set back from the chive a minimum distance of 15 feet. In addition to Collier County Land Development Code Division 2.8 requirements, the following is required: 1. Overall building dimension shall not exceed 150 feet in either direction. 2. The architectural style for the subdistrict shall be consistent throughout and shall be established by the initial building design and shall blend with SU1Tounding developments. 15 C:\AdLib eXpress\Work\rad45CC9.trnp.doc Agenda Item No. 8A October 12, 2004 Page 66 of 71 SECTION V PERMITTED USES AND DIMENSIONAL STANDARDS FOR COMMERCIAL DEVELOPMENT 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Hiwasse PUD designated for commercial development on the PUD Master Plan, Exhibit "A". 5.2 MAXIMUM DEVELOPMENT INTENSITY A maximum of 91,000 square feet of gross leasable floor area of professional and medical office use area is permitted or a maximum of 200,000 square feet of indoor-self storage area. Should a mix of office and indoor-self storage facilities develop on the propel1y, for each two (2) square feet of indoor-self storage area, one (1) square foot of office area shall be reduced from the maximum allowable office area. 5.3 GENERAL DESCRIPTION The PUD Master Plan designates the following uses for the general use designations on said Master Plan. AREA ± ACRES ±PERCENTAGE 1. FPL Easement 7.55 60.3% 2. Development Area 4.97 39.7% TOTAL 12.52 100% The approximate acreage of the commercial area is depicted on the PUD Master Plan. Actual acreage of all development tracts will be provided at the time of site development plan or final subdivision plat approval in accordance with Article 3, Division 3.3, and Division 3.2, respectively, of the Collier County Land Development Code. Conunercial areas are designed to accommodate internal roadways, open spaces, signs, water management facilities, and similar uses typically found in non-residential areas. 5.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Uses: C:\AdLib eXpress\W ork\rad45CC9.tmp.doc 1. Accounting, auditing and bookkeeping services (group 872J). 2. Business services (groups 7311, 7313, 7371, 7372, 7374-7376,7379). 3, Depository institutions (groups 6011 - 6(99). 16 Agenda Item No. 8A October 12 2004 Page 67 of 71 4. Offices for engineering, architectural, and surveying services (groups 0781, 8711-8713). 5. Health services (groups 8011-8049). 6. Insurance carriers, agents and brokers (groups 6311-6399, 6411). 7. Indoor-self storage facilities (group 4225). 8. Legal services (group 8111). 9. Management and public relations services (groups 8741-8743, 8748). 10. Miscellaneous personal services (groups 7291; 7299, debt counseling only). 11. Real estate (groups 6531-6541). 12. Security and commodity brokers, dealer, exchanges and services (groups 6211-6289). 13. Transportation services (group 4724, travel agencies only). 14. Veterinarian's office (group 0742), excluding outdoor kenneling. 15. Any other use which is comparable in nature with the foregoing list of pennitted principle uses as determined by the Zoning Board of Appeals. B. Accessory Uses and Structures 1. Accessory uses and structures customarily associated with commercial uses listed abovc. 5.5 DEVELOPMENT STANDARDS A. Minimum lot arca - 20,000 square feet B. Minimum lot width - 100 feet C. Minimum yard requirements: 1. Front yard - 25 feet 2. Side yard - 15 feet or 0 feel adjacent to FPL Easement Area provided all other requirements of the LDC are met. 3. Rear yard - 15 feet or 0 feet adjacent to FPL Easement Area provided all other requirements of the LDC are met. D. Maximum height - Thirty-five (35) fcet E. Minimum floor area of principal structure - 1000 square feet gross noor area for each building on the ground floor. F. Lighting - Lighting facilities shall be arranged in a manner that protects roadways and neighboring propcrties from direct glare or other interference. Lighting shall be limited to a maximum height of twelve (12) feet in height along the western edge of the development envelope area adjacent to the FPL Easement Area. G. Distance betwccn structures - If there is a separation between any two principal structures on the same parcel, said separation shall be a minimum of fifteen (15) feet or a distance equal to one-half (1/2) the sum of their heights, whichever is greater. However, indoor-self storage buildings shall have a minimum separation requirement of fifty (50) feet between individual self-storage buildings. 17 C:\AdLib eXpress\Work\rad45CC9.tmp.doc Agenda Item No. 8A October 12, 2004 Page 68 of 71 H. Merchandise storage and display - Outside storage or display of merchandise is prohibited. I. Use of FPL Easement Area - Open space and landscape buffering shall be the only allowed uses permitted in the FPL Eascmcnt Arca. J. The hours of operation of the self-storage buildings shall be limitcd to the hours of 7:00AM Lo 9:00PM. K. Depository Institutions are limited to the northern portion of the PUD only, and may only be developed at such time as a traffic signal has been installed at the intersection of LaCosta Road and Livingston Road. 18 C:\AdLib eXpress\Work\rad45CC9.tmp.doc Agenda Item No. 8A October 12, 2004 Page 69 of 71 SECTION VI DEVELOPMENTCO~TMENTS 6.1 ENVIRONMENTAL STANDARDS The purpose of this Section is to set forth the environmental commitments of the project developer. A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Section Staff. B. Native vegetation preservation shall conform to the requirements of Subsection 3.9.5.5.3 ofthe Collier County LDC. C. An exotic vegetation removal, monitoring and maintenance (exotic free) plan for the site, with emphasis on the Preservation Area, shall be submitted to the Cun'ent Planning Section Staff for review and approval prior to final site plan/construction approval. A schedule for exotic removal within all Preservation Areas shall be submitted with the above-mentioned plan. D. The petitioner shall comply with the guidelines and recommendations of the U.S. Hish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to protected wildlife species. Where protected species are observed on site, a habitat management plan for these protected species shall be submitted to Current Planning Section Staff ("Or review and approval prior to final site plan/construction approval. E. The applicant shall be subject to all environmental ordinances in effect at the time of development order approvals to which said regulations relate. 6.2 TRANSPORTATION REQUIREMENTS The purpose of this Section is to set forth the transportation commitments of the project development. A. The developer shall provide arterial level street lighting at the project entTance. Such lighting shall be in place prior to the issuance of any certificate of occupancy. B. The road impact fee shall be as set forth in the Collier County Consolidated Impact Fee Ordinance No. 2001-13 as amended and adopted in January 2003 and shall be paid at the time building permits are issued or as provided for by the Adequate Public Facì1ities Ordinance. C. Internal access improvements shall not be subject to impact fee credits and shall be in place before any certificates of occupancy are issued. 19 C:\AdLib eXpress\Work\rad45CC9.trnp.doc Agenda Item No. 8A October 12, 2004 Page 70 of 71 D. All traffic control devices used shall conform to the Manual on Uniform Traffic Control Devices as required by Chapter 316.0745, Florida Statutes. E. Shared access is permitted north of the subject property as depicted on the PUD Master Plan, subject to an access agreement with the property owner to the north. If an access agreement for shared access cannot be reached, then only a right-in- right-out access is pennitted from Livingston Road at an access point depicted on the PUD Master Plan south of the shared access area. F. The developer shall provide a turn lane at the project entrance onto Livingston Road, at either pcnnittcd access, prior to the issuance of the fIrst certificate of occupancy for the fIrst structure in accordance with the Collier County Public Right-of-Way Manual and Ordinance 82-91. 6.3 UTILITY REQUIREMENTS The purpose of this Section is to set forth the utilities and engineering commitments of the project developer. A. Water distribution, sewage collection and transmission and inteIim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 97-17, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities to be constTucted will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the County not be in a position to provide sewer service to the project, the sewer customers shall be customers of the interim utility established to serve the project until the County's off-site sewer facilities are available to serve the project. 6.4 ENGINEERING REQUIREMENTS A. Detailed paving, grading, site drainage and utility plans shall be submitted to the Development Services Department for review. No construction permits shall be issued unless detailed paving, grading, sitc drainage and utility plans are submitted and until approval of the proposed construction, in accordance with the submitted plans, is granted by the Development Services Department. B. Subdivision of the site shall require platting in accordance with Section 3.2 of the LDC to define the right-of-way and tracts shown on the PUD Master Plan. C. The developer and all subsequent owners of this project shall be required to satisfy the requirements of all County Ordinances or Codes in effect prior to or conCUlTent with any subsequent development order relating to this site, including but not limited to preliminary subdivision plat, sitc development plan and any 20 C:\AdLib eXpress\Work\rad45CC9.tmp.doc Agenda Item No. 8A October 12,2004 Page 71 of 71 other app1ications that will result in the issuance of a fmal development order. 6.5 WATER MANAGEMENT REQUIREMENTS The purpose of this Section is to set forth the water management commitments of the project developer. A. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County LDC, except that excavation for water management features shall be allowed within twenty (20) feet from side, rear or abutting property lines, with side, rear or abutting property lines fenced. B. Landscaping may be placed within the water management area in accordance with the criteria established within Section 2.4.7.3 of the LDC. C. The wet season water table elevation shall be established at the time of South Florida Water Management District (SFWMD) pennitting, which is required for the subject property. 21 C:\AdLib eXpress\Work\rad45CC9.tmp.doc --.---- Agenda Item No. 88 October 12, 2004 Page 1 of 12 ,r-- EXECUTIVE SUMMARY Ordinance authorizing the Lely Community Development District, Board of Supervisors to employ security employees and protection measures for the safety and security of the persons and property residing in the Lely Community Development District. OBJECTIVE: Authorization by the Collier County Board of County Commissioners to provide the Lely Community Development District, Board of Supervisors authority to implement a Safety and Security Plan pursuant to, Section 190.012(2)( d), Florida Statutes, for the safety and security ofthe persons and property within the Lely Community Development District CONSIDERATION: Due to concerns regarding security by the residents of the Lely Community Development District, the Board of Supervisors of the District have created a security plan for the resident's protection utilizing those elements granted to the Lely Community Development District by, Section 190.012(2)( d), Florida Statutes. ~. Pursuant to the desire by the residents of the District for enhanced safety and security the Lely Community Development District, Board of Supervisors, has for approximately ten (10) years employed off duty sworn law enforcement officers from the Florida Highway Patrol and additional private unswolJ1 security personnel for the protection of the District residents. However, the Lely Community Development District has never received formal authorization from the Collier County Board of Commissioners for this enhanced safety and security program as is required by, Section 190.012 (2)(d), Florida Statutes. Therefore, to formalize the District's safety and security plan the Lely Community Development Distrtict, Board of Supervisors passed a Ordinance authorizing the implementation of a Safety and Security Plan and Protection Element for the residents for the Lely Community Development District. However, prior to formalizing the District's security measures, that have been in place for many years, the Lely Community Development District, Board of Supervisors pursuant to, Section 190.012(2)( d), Florida Statutes, requests that the Collier County Board of Commissioners approve the authorization for the Lely Community Development District, Board of Supervisor's Safety and Security Plan for the Lely Community Development District. Further, that the Board of Commissioners authorize the Lely Community Development District to utilize those security measures provided for within, Section 190.012(2)( d), Florida Statutes. FISCAL IMP ACT: There is no fiscal impact to the tax payers of Collier County for this item. The entire cost for the increased level of security and protection for the residents of Lely Community "..- 1 Agenda Item No. 88 October 12, 2004 Page 2 of 12 Development District will be born by the individuals residing within the Lely Community Development District. GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated with this item. RECOMMENDATION: It is requested that the Collier County Board of County Commissioners approve the Lely Community Development District, Board of Supervisors' request for authority to implement a Safety and Security Plan for the residents of the Lely Community Development District pursuant to those security measures provided for within, Section 190.012(2)( d), Florida Statutes. Prepared by: Glenn Heath, Principal Planner Comprehensive Planning Dept. ,.- ,- 2 Item Number Item Summary M..tlng Dat. Agenda Item No. BB Oclober 12. 2004 Page 3 of 12 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 68 An Ordinance of Ihe Board of County COml11lSSfOner5, to the L.ely CDD Board of Super..'lSora consenting \0 Lely CDDe spedal powers for enhanced security. 10112120049:00:00 AM Glenn Heoth Principal Planner 912B12004 9:04:33 AM Prep.red By Community Development & En....ironmental Services Date Compflthenlive Planning Sandr. Lea Olte Approved By Community Developml!l:FIt & Environmental Services. Executive Secretary Community Development & Environmental Services Ad,"!". 9128/20049:28 AM Approved By Comprehensive PlannIng Director Date Stan Lltfoinger Community De\1eløpment & Elwironmental Services ComprehfU1&~\le Planning 9/281200410:08 AM Patrick G~ White A..15tant County Attorney Date Approved By CQunty Attorney County Attorney Orrico 9128/20046:27 PM Jeff Klatzkow ASliø.t.."t County An:ørney Dall! Approved By County Attorney County Attorney Office 912912004 8:41 AM Approved By Date Joseph K. Schmitt Community Development & Environmental ServÎ(:es Community O&v&lopment & Environmental Services Admln&trator Community Dflvelopment & EnYironmental 5ervlcn Admin. 10/1/20041:35 PM Pat Lehnhard Administrative: Ä5sllitant Cate Approved By County Manager's. Office Office of Mana9e:mo-nt So Budgm 1011/20042:12 PM Michael Smykomkl Management & Bud9e1: Olrlctor DolO Approved By County Manager's Office Office of Management & BudlJet 10141200412:31 PM Approved By J..nt!!S V, Mudd Board of County COlnmiuioners County Mo.nag'ttr Date County Manager's Office- 10/61200412:55 PM Agenda Item No. 88 October 12, 2004 Page 4 of 12 ORDINANCE NO. 2004- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, CONSENTING TO THE EXERCISE OF SPECIAL POWERS BY THE BOARD OF SUPERVISORS FOR THE LEL Y COMMUNITY DEVELOPMENT DISTRICT FOR ENHANCED SECURITY BY RETAINING OR OTHERWISE CONTRACTING WITH PRIVATE VENDORS TO PROVIDE LICENSED, TRAINED, UNIFORMED OFFICERS TO PERFORM SECURITY PATROL FUNCTIONS FOR THE DISTRICT; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners acknowledges the desire of the residents of the Lely Community Development District ("District") for additional security within the boundaries of the District; and WHEREAS, the Board of County Commissioners has been advised that the District has successfully contracted with various private vendors to provide various security patrol measures for over ten (10) years for the benefit and protection of the residents of the District; and WHEREAS, Section 190.012(2)(d), Florida Statutes, requires the Board of Supervisors for the District to obtain the consent of the Board of County Commissioners prior to retaining additional security for the District; and WHEREAS, the Board of County Commissioners acknowledges that this additional security has been and will continue to be funded solely from the District's budget. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Section One: The Board of County Commissioners hereby consents to the Lely Community Development District's Board of Supervisors exercise of all special powers provided under Sec. 190.012 (2)( d), Florida Statutes, including allowing for enhanced security by retaining or otherwise contracting with, at its sole cost and expense, private vendors to provide licensed, trained, uniformed officers to perform security patrol functions for the Lely Community Development District, provided that: ( 1) such officers may not exercise any police powers, and (2) no guardhouses, fences, gates or any other like security measure will be erected upon any public road within the District: to include Lely Resort Blvd.: Triangle Blvd: Grande Lelv Dr.: Agenda Item No. 8B October 12, 2004 Page 5 of 12 Lely Cultural Pkwv.. Wildflower Way and any future roadway(s) which may be dedicated to Collier County. Section Two: Effective Date-This Ordinance will become effective upon filing with the Florida Department of State. THIS ORDINANCE ADOPTED after motion, second, and majority vote favoring same, this day of , 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 -~._--- Agenda Item No. 88 October 12,2004 Pa e 6 of 12 LEL Y COMMUNITY DEVELOPMENT DISTRICT COLLIER COUNTY. FLORJDA -----,=-.=~ ,1-TI--U1..-~--- , --'-i--- ~_.-_.,-----¡- Î I ,II I i I' i 1~lï -+-. 1----1..___1 ! ==1l=,'. 1=,- ==t= .-+- -" --~-¡ 16 -~--'--- lv._ ,-~I '- I :'~ ----.- 2~, 28 SUBJECT SITE 'j,. I "''0. " -) I " 4,,"' j I ~<"T I '"'' ",~. I "":...,,,~ I "'"":~ I /'" I ' " ,,' ". -- ----1.-~~--- \"'~ \ I __._~__.----+-.________ r I I \ I I ---~.\ ì \ 4 \ \ \\ " '\ !)C; ,;, --- ---~- -_.__.._------~. I --1"-- \ \ \ I \ I , \ I' L______~_~__~_____~~_~ '. ( PHEPþ.R'[D B" GR¡.PHIC:; "-!:C".HN:CAI SUPPDRT s.rCTIO~j COMMUNITY DE\lFlOPW'\'T ! N\~RONf)[N·AL S[Rv'CE~; [1IV,C'I{Jh CAJ[ 9/}O(..4 rlir: l[[' Uì[l[:'NI -- [~----1 :] CJ L:::L'I CD[) -;i:¡\U Agenda Item No. 88 October 12, 2004 Page 7 of 12 ". COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA July 27, 2004 9:00 AM Donna Fiala, Chairman, District 1 Fred W. Coyle, Vice-Chairman, District 4 (Absent) 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 THA T 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 _ EXPLANA nON TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR fO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." ANY PERSON WHO DECmES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MA Y NEED TO ENSURE THAT A VERBA TIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVmENCE 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 ACCOMMODA TION 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 http://www.clerk.collier.f1.us/bccrecaps/2004/July27.htm 8/17 /2004 ~ ._--~ Agenda Item No. 88 October 12, 2004 Page 8 of 12 July 27, 2004 Item #6D PUBLIC PETITION REQUEST BY MR. DAVID E. BRYANT TO DISCUSS LEL Y COMMUNITY DEVELOPMENT DISTRICT/SECURITY RESOLUTION - TO BE BROUGHT BACK TO THF. SEPTFMBER 28, 2004 MEETING And the next petition is a request by David E. Bryant to discuss Lely Community Development District's Security Resolution. MR. BRYANT: Good morning, Madam Chainnan, members of the board. I'm David Bryant. I'm the district counsel for the Lely Community Development District. The reason this matter is on this morning is that it was detennined that after approximately 10 years, the Lely CDD had been doing something it had never actually received authorization from the county to do, which Chapter 190 requires. As the resolution and the executive summary that I proposed sets out, the CDD has contracted with various law enforcement agencies, such as the sheriffs office and now the Florida Highway Patrol through the State of Florida and with Wackenhut, to provide additional security within the CDD. The Wackenhut people basically just drive around and have a presence in the area and mainly make sure people stay off the horses at the entrance, which have ben vandalized over and over and over again. In fact, the Stock Development Company just let a contract for over $30,000 to try to repair some of the damage that has been done to the horses by people crawling allover them, getting on them, and wanting their picture made, or just sitting on the horses. And according to the local Chamber of Commerce, the horses are the number two tourist attraction in Collier County. The first being the pier. And the ambiance of the community and the attitude of the residents and also Stock Development was to make those horses look like they were supposed to with the lighting and the misting that they originally had, but has not been able to be done lately because of the damage to them. So that's one of the things that the Wackenhut people do. Florida Highway Patrol provides off -duty officers through a contract to have a presence in the community and also to deter speeding. On Wildflower Way that comes out of the school, we have a terrible speeding problem. But with the FHP presence, that has been reduced. Agenda Item No. 88 October 12, 2004 . Page 9 of 12 _, So all we're doing is asking the board to authorIze the CDD to do something it's been doing for 10 years that had made the residents afthe CDD very happy, caused no problems, solved problems, and is funded totally from CDD funds and no funds from the county. And all the residents afthe CDD want to do is do it the right way. Why it was never asked far 10 years ago, I can't tell you, other than it was just done and it's been done and been done, and nobody has ever questioned it. But now that we have a new board afsupervisors who are all residents, they said, let's do this the right way, go get the approval for something we've been doing, and there will be no controversy. That was what we thought. And we thought that everybody would be in agreement that this is something that the residents fund, take care aftheir own problems, and help alleviate some afthe problems for the sheriffs office in coverage Issues. So that's why we're here. And we'd request that this matter come back. We thought we could go on the consent agenda originally because we thought it would be totally noncontroversial. Mr. Weigel had some questions about it. He and I met. He was kind enough to discuss it with me. I think we have resolved those. And by the time we come back to the board, that mat -- his concerns will be totally resolved. So I would respectfully request this matter be put on the agenda at whatever's convenient for the board to look at the resolution and hopefully approve it for residents of the CDD. - CHAIRMAN FIALA: Commissioner Halas? COMMISSIONER HALAS: The only concern, I think there was some members of staff that were concerned that this might be the start of another Foxfire, and so I think that's why it was not put on the con~ent agenda. So we want to get a clarification. If you could be a little more -- maybe a little more clear in exactly what your interpretation is of making sure that there's no vandalism on the horses. I hope this doesn't mean that there would be a gatehouse there or anything of this nature, because I believe those roads there belong to the county. So if you could enlighten us just a little bit on that. MR. BRYANT: Thank you, Commissioner Halas. That's exactly right. No, there's no gatehouse, no barriers. We want the public to have free and unfettered access. And I can appreciate the gatehouse issue in your area. I represented the county in that matter when I was in the county attorney's office, and I appreciate the concerns there. The CDD understands that the roads are public, most of them. There are some private roads in the area, and those have been gated by the developer, and they've never been under county authorization or maintenance requirements. But as far as the main thoroughfares and transportation arteries through the community, those are county roads, and no, there's going to be no gatehouse, _. no barbed wire, no Constantino wire, no nothing. It's just a matter of having the presence of the additional security for the residents in the area. .--- Agenda Item No. 88 October 12, 2004 Page 11 of 12 July 27, 2004 Because one of the problems that we've had in the area have been ;a lot of burglaries of construction sites, which is a common problem throughout the community. But also in an area where you're having a lot of building, it has been an issue there, and that's another reason that the developer has been very responsive and supportive of this matter also. COMMISSIONER HALAS: Okay. I had one other question and that pertains to, would we give you the authority or we give the CCD (sic) there the authority whereby they could stop people that were going through that area, or would that be mandated by the sheriffs department, the roads that would be open to the county? MR. BRYANT: No, sir. We don't stop anybody. COMMISSIONER HALAS: Okay. MR. BRYANT: The only people that are stopped are ones that the Florida Highway Patrol has determined either are violating the law through some type of criminal statute or there's a traffic enforcement matter. That's the only people that get stopped. _ As far as unfettered access, there's total unfettered access in that area. In fact, one of the problems we've had in -- and Commissioner Fiala's been kind enough to facilitate some of our concerns -- is that we have had a lot of dump truck traffic through the main arteries in the community by people cutting through from 951 over to 41, especially when the intersection was under construction at 41 and 951, but that has been alleviated somewhat because of the improvement to the intersection. But no, there's no problem with anybody being stopped, - except those people that are breaking the law. CHAIRMAN FIALA: Commissioners, I think that I would like to just bring this back and put it on a regular agenda, if that would be all right with you, and we can move on to the next item. COMMISSIONER HALAS: Approve of that. CHAIRMAN FIALA: Would that be okay? Comissioner Henning? COMMISSIONER HENNING: The -- it seems to me you don't -- it appears to me you don't have to ask the Board of Commissioner's approval to provide a security system in the CDD. MR. BRYANT: I can appreciate that, Commissioner Henning, and that's what the board thought, but Chapter 190 specifically says -- and you can ask Mr. Weigel because he and - I have discussed this. If we want to do what we've been doing for 10 years, we should have received the authorization from the board before we did it. -.,^....-- COMMISSIONER HALAS: You're out of compliance. Agenda Item No. 88 October 12,2004 Page 12 of 12 CHAIRMAN FIALA: Okay. So we -- everybody's in agreement to bring it back? COMMISSIONER HALAS: Yes. CHAIRMAN FIALA: Thank you, Mr. Bryant. Sorry to move it on but- Mr. Bryant: Yes. Chairman Fiala: -- we're trying to move the meeting along. Mr. Bryant: Thank you. I appreciate it. MR. MUDD: Madam Chair? Madam Chair, if I can interject real quick. We'll work with Mr. Bryant to make sure that the 190.012(2)(D) section has some caveats in it so that it doesn't -- the board doesn't give him the unfettered right to gate that community. Because the way the resolution reads, it basically delegates the CDD the entire right to that particular section. And I read, that section says, security, including but not limited to guardhouses, fences, and gates, electronic intrusion detection systems and patrol cars when authorized by proper government agencies, except the district may not exercise any police powers, and then it goes on. So we just want to make sure that we've got some clarity in the resolution that basically says that it can't turn out to be a gated community because of that delegation of right to the CDD. And we'll get that squared away, ma'am. CHAIRMAN FIALA: Thank you very much. MR. BRYANT: And I appreciate Mr. Mudd's comments. And there's never been a desire to gate that area. And if he had discussed that with me, I'd be more than glad to assuage his fears of that, because that has never been the desire of the community to gate those roads that are open to the public. CHAIRMAN FIALA: Thank you very much, Mr. Bryant. We'll see you at a meeting soon, right? Sometime in September? MR. MUDD: Yes, ma'am. Let's try to do it the 28th instead of the 14th. CHAIRMAN FIALA: That's a good idea. MR. BRYANT: That's fine. CHAIRMAN FIALA: Okay. Thank you very much. Agenda Item No. 8C October 12, 2004 Page 1 of 133 -, EXECUTIVE SUMMARY Petition PUDZ-2003-AR-4250: Golden Gate Fire Control and Rescue District and Waterways Joint Venture IV, represented by Karen Bishop, of PMS, Inc. of Naples, and Richard D. Yovanovich, of Goodlette, Coleman and Johnson, P.A., requesting a rezone from the Rural Agricultural (A) zoning district to the Mixed Planned Unit Development (MPUD) zoning district, to allow development of a fire station with a 135-foot high communication tower and a 75-foot high training facility, and sixteen (16) single-family attached dwellings (including townhouses intended for fee simple conveyance including the platted lot associated with the residence) and customary accessory uses. Property is located on the west side of Collier Boulevard (C.R. 951), approximately 340 feet north of Wolfe Road, in Section 34, Township 48 South, Range 26 East, Collier County ,Florida, consisting of 9.38± acres. OBJECTIVE: ,-- Staff is requesting that the Board of County Commissioners consider this petition to rezone the subject site from Rural Agricultural to Mixed Planned Unit Development (MPUD) to allow for the development of a fire station with other related uses and sixteen dwelling units, and determine whether the requested rezoning for the Golden Gate Fire District Station (GGFD) 73 PUD is consistent with the Collier County Growth Management Plan and the Land Development Code (LDC) and is in the best interest of the community. CONSIDERA TIONS: The petitioner wishes to rezone 9.38± acres of land currently zoned Rural Agricultural (A) to Mixed Planned Unit Development (MPUD) for a project to be known as the GGFD Station 73 PUD. The PUD document and the Master Plan show the subject site divided into two tracts. The Master Plan proposes a 3.72±-acre residential (R) tract (and a 0.3 ± acre preserve area from which residential density is calculated) and a 5.4±-acre public/community facilities (CF) tract. The residential portion will consist of a maximum of 16 multi-family dwelling units, which the petitioners propose to be sold as fee simple units that will include the platted lot upon which the residential unit is located. The public/community facilities portion ofthe project is proposed to be developed with up to 50,000 square feet of floor area that will consist of a fire station and offices for fire prevention and fire marshal staff, as well as a fire training facility that is proposed to include a training tower that is no more than sixty- five (65') feet of "actual height," as defined by the LDC. The petitioner is also seeking to allow emergency medical services, a library, a sheriffs office, and a property tax assessor's office, as well as other unspecified general governmental service offices, and essential public service facilities. The water management concerns of this project will be integrated into the water management permit for the Hibiscus Village/Summit Place project, which is the project located to the north. The public/community facilities tract will have one access point onto Collier Boulevard and an interconnection to Wolfe Road through the parcel located to the south. The residential units will gain access to Collier Boulevard through Summit Place of Naples PUD that is being amended (PUDZ- 2003-AR-4046) concurrently with this petition. The site is cleared and there is a water retention lake ,- as shown on the Master Plan. GGFD Station 73, PUDZ-2003-AR-4250 rad414D7.tmp Page 1 of 3 ,- Agenda Item No. BC October 12, 2004 Page 2 of 133 As of today's date (September 2, 2004), the petitioners and staff have reached a consensus on all issues except the training tower. Staff continues to recommend that a training tower not be approved as part of the rezone to PUD, and cites the discussion in the staff report regarding compatibility of this training tower near residential uses. Staff continues to believe that allowing a fire training facility at this location would be inconsistent with the Growth Management Plan, Policy 5.4 that requires projects to be compatible with the surrounding area. Staff has forwarded its own PUD document to the Board as the attachment to the Ordinance. The PUD document formulated by the petitioners is included as part of the application for public hearing. FISCAL IMPACT: The rezoning of this PUD by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development, however, if the property is rezoned, a portion of the existing land will be developed and the new development will result in an impact on Collier County public facilities. The County collects impact fees before the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund identified projects in the Growth Management Plan Capital Improvement Element as needed to maintain adopted Levels of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, fifty percent (50%) of the estimated Transportation Impact Fees associated with the project is required to be paid simultaneously with the approval of each final local development order. Other fees collected before the issuance of a building permit include building permit review fees and ,.-... utility fees associated with connecting to the County's water and sewer system. Finally, additional revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the value ofthe improvements. Please note that impact fees and taxes collected were not included in the criteria used by Staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT IMPACT: 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 allows a variety of residential uses at a density consistent with the Density Rating System; recreation and open space uses; and, essential services, including safety service facilities and governmental offices. The Density Rating System in the Future Land Use Element (FLUE) indicates the site is eligible for a base density of 4 dwelling units per acre. The site is not subject to any density reductions and no density bonuses are requested. The development proposes sixteen residential units on four acres, thus the project would be eligible for a maximum of sixteen units, which is what is proposed, thus the residential component of the project is consistent with the Density Rating System of the GMP. Comprehensive Planning noted that FLUE Policy 5.4 requires new land uses to be compatible with, and complementary to, surrounding land uses. Comprehensive Planning noted that the proposed training tower may not be compatible with the surrounding planned and proposed residential uses. i,.,.---- Comprehensive Planning staff did recommend that this petition be found consistent with the FLUE of the GMP, but left the compatibility issue to be addressed by Zoning and Land Development Review GGFD Station 73, PUDZ-2003-AR-4250 rad414D7.tmp Page 2 of 3 /'-"~ Agenda Item No. BC October 12, 2004 Page 3 of 133 staff. The compatibility issue was addressed extensively in the staff report as part of the deviation request discussion as well as the analysis of the future land uses. ENVIRONMENTAL ISSUES: The Environmental Review staff has reviewed the petition and the PUD document and has addressed any concerns within the PUD document and the Master Plan. This petition qualified for a waiver from the Environmental Advisory Council (EAC) and the petition was therefore not heard by that body. ENVIRONMENT AL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC did not hear this petition as noted above. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: This petition was originally scheduled to be heard by the CCPC on July 15, 2004, however, the petitioners asked for a continuance to allow time to meet with their neighbors. A meeting was held on August 3, 2004. The petition was then heard by the CCPC on August 19, 2004. At that hearing, Mr. Strain made a motion to approve the petition subject to Staff's conditions of approval including the elimination of the fire training tower facility and limiting the communication tower to a stealth (flagpole) design with a maximum height of 135 feet. He also clarified that an Emergency Management Station (EMS) facility is an acceptable permitted use. Mr. Abernathy seconded the motion, and the motion passed 9 to O. Because staff has received letters of objection, this petition could r- not be placed on the summary agenda. ST AFF RECOMMENDATION: Zoning & Land Development Review Services staff recommended that the Collier County Planning Commission forward Petition PUDZ-2003-AR-4250 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 Rural Agricultural to PUD be approved, with the limitations contained in the staffPUD document to address compatibility. The staff PUD document specifically prohibits development of the fire training facility on this site, and further, recommends that the communication tower be limited to a stealth (flagpole) design. 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. PREPARED BY: Kay Deselem, AICP, Principal Planner Department Of Zoning & Land Development Review .- GGFD Station 73, PUDZ-2003-AR-4250 rad414D7.tmp Page 3 of 3 Item Number Item Summary Meeting Cola Agenda item ND. 8C Oc1Dber 12, 2004 Page 4 of 1:J3 COLUER COUNTY BOARD OF COUNTY COMMISSIONERS 8C This item was continued fro!n the July 27, 2004 Board of County Commissioners me(!.!ting, This item reqUIres that aU partic:ipar¡15 be sworn in .and ex parte dIsclosure be provided by Cornmisston members. Petition PUDZ-2Q03-AR-4250: Golder, Gate Fire Conlrol and R~scue DIstrict and Waterways Joinl Ven1ure IV, rÐpresented by Karen Bishop, of PMS, Inc. of Naples, and Richard O. Yovanovich, of Good ¡~tle, Coleman and Johnson, P,A.. requesting a rezonc from the Rural Agricultural (A) zoning district to U1e Mixed Plannðd Unll Development (MPUD) 20ni"9 dlstnct, to allow devi!!lopment of a fire station with a 135-100t high cDmmunicatic.onlower and a 75-100t high training facility·. and sIxteen (16) single·famity attached dwellings (including towl)!louses intended for fee simple conveyance including 1he platted lot associated with the residence) and customary accessory uses. Property IS located on the west side of Co!lier Boulevard (C.R. 951), approximately 340 feet north of Wolfe Road. in Section :14, Township 48 South, Range 26 East, ColI!er Counly. Florida, consísting of 93B± acres 1011212004900:00 AM Prepared By Principal Planner 7/9/20043:34:46 PM Kay DC5el~m\ AICP CDmmunìty Development 8. Envìronmental Services [);¡I. Zoning & Land De'1lc opmcn1 Review Approved By Chief Planner Da1e Ray Bellows Cornmunity Development & EnvirotlnlOntal Services Zoninç & Land Development Revtew 91201200412:24 PM Sandra Laa Executi\le Secretary Date Approved By Community Development & Enviro"f"entAI Service" Community .Developmel1t & Environmental Services Admilt. 9124/2004 8:55 AM Approved By Zoning & Land DeYelopm~nt Director Date Susan Murray, AICP Community Development & Environmental Services Zonín9 & Land Developmen1 Review 9/2812004 3:05 PM A pproved By Dote Joseph K. Schmitt Community Developme:nt & Environmental Services Community Development & EnvÎronmental Services Admíns1rator Con,rnunlty Developn1ent & Environmental Services Admin. 9128/2004 3: 27 PM Pat Lehnhard Adminlr.tratjve A5iisÎstant Date Approved By County Manager's OffJce Office of Managefnent & Budget 9/29/200410:02 AM Budge1 AnalY51 Date Approved By Mark l'5acksoo CDunty Manager's Office Offic.e of Management & Budget 9/29/2004 11: 15 AM Michael Smykomki Management & Budget Director Date Approved By County Manager's Offìce Office of Management & Budget 9130/2004 8:54 AM Jame5 V. Mudd County Manager Dale Approved By Board of County Commissioners County Manager's Office 1011120045:58 PM --.--- Agenda Item No. BC October 12, 2004 Page 5 of 133 Co~r Cou.nty -- ~~ - SUPPLEMENTAL STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: AUGUST 19,2004 RE: PETITION PUDZ-2003-AR-4250-GOLDEN GATE FIRE DISTRICT (GGFD) STATION 73 MPUD REQUESTED ACTION: The petitioner wishes to rezone 9.38± acres of land currently zoned Rural Agricultural (A) to Mixed Planned Unit Development (MPUD) for a project to be known as the GGFD Station 73 PUD. The Master Plan proposes a residential tract (R) and a public/community facilities tract (CF). The residential portion will consist of a maximum of 16 multi-family dwelling units. The public/community facilities portion of the project is proposed to be developed with up to 50,000 square feet of floor area that will consist of a fire station and offices for fire prevention and fire marshal staff, as well as a fire training facility that is proposed to include a 75-foot high training tower. The petitioner is also seeking to allow emergency medical services, a library, a sheriffs office, and a property tax assessors office, as well as other unspecified general governmental service offices, and essential public service facilities. The water management concerns of this project will be integrated into the water management permit for the Hibiscus Village/Summit Place project, which is the project located to the north. The public/community facilities tract will have one access point onto Collier Boulevard and an interconnection to Wolfe Road through the parcel located to the south. The residential units will gain access to Collier Boulevard through Summit Place of Naples. The site is cleared and a lake has been dug on a portion of the site. PROJECT STATUS: The Collier County Planning Commission (CCPe) was scheduled to hear this petition on July 15, 2004, however the applicants' agent sought and received a continuance to allow the petitioners time to meet with property owners within Summit Place and provide information about the proposed project. The petitioners have scheduled a meeting to be held at GGFD Station 71, at 6:30 p.m. on August 3,2004. Additionally, staff and the applicant met on July 28, 2004 to discuss the project. The results of that meeting are addressed below. GGFD Station #73, PUDZ-2003-AR-4250 radC2047.tmp Page 1 of 3 Agenda Item No. 8C October 12, 2004 Page 6 of 133 SUPPLEMENTAL ANALYSIS: At the July 28, 2004 meeting, staff determined that Deviation No.3 was not necessary because a communication tower on an essential service site is exempt from the separation requirements (LDC Section 2.6.35.6.6). Therefore, the applicant is withdrawing that deviation. At that same meeting, the petitioner offered limitations for the communication tower; therefore, staff has changed its position regarding the communication tower. The changes are reflected in Section 5.3 of the POD document. To summarize, the petitioners have agreed to limit the communication tower to a flagpole "stealth design." In addition, the tower's height will be limited to a maximum height of 135 feet or to the minimum height required by the essential service use, whichever is the lesser amount, however the petitioner must provide Radio Frequency (RF) calculations to support the requested height at time of SDP submittal. With those limitations, staff will support the communication tower because those conditions will maintain the purpose of the essential service separation distance exemption, and the stealth flagpole design will adequately address the compatibility issue. As described by the petitioner, the communication tower will look similar to the flagpole tower at the Italian American Club at the intersection of Orange Blossom Drive and Airport-Pulling Road. Staff re-evaluated the commercial tower use prohibition and has determined that commercial use ofthe tower can be allowed if it is limited to locations below the maximum height necessary for the essential service uses. To prohibit commercial uses below that height would waste tower space that would need to go on another tower. The LDC encourages co-location of tower space. However, staff does not believe it is appropriate to allow commercial uses higher than the essential service use, because they would not maintain the purpose of the essential service separation distance exemption, and could allow the petitioners an unfair advantage to capitalize on the essential service use exemption. Several other issues have been clarified in the PUD document and a revised PUD document has been provided to show those items. Specifically, the minimum distance between accessory structures has been increased from 12 feet to 15 feet, to make this project consistent with CCPC action on Summit Place on July 15, 2004. Also the last sentence in the first paragraph of Section 6.2 was revised to reflect changes agreed upon by the County Attorney's Office staff. The referenced Collier County Ordinance number was updated in Section 6.7.. Missing language was added to Section 6.8.1. Changes were made to Section 6.9, in Items B, C, D, F, and G to reflect the changes in the deviation numbers and to clarify the buffering issues. The petitioners have also withdrawn Deviation No.2 that sought relief from LDC Section 3.5.7.2, therefore Section 2.6.B has been deleted from the PUD document. A revised List of Deviations is attached, dated July 29, 2004, that eliminates Deviations No.2 and No.3 and renumbered the others. The PUD document has been revised to reflect the altered deviation numbers. Agreement has not been reached between staff and the petitioners regarding the modified use list or the training tower use, therefore staff is providing both the petitioners' revised PUD document and a revised staffPUD document. Both documents have been prepared in strike-thru underline format to allow the reader to identify modifications from previous versions. STAFF RECOMMENDATION: Zoning & Land Development Review staff recommends that the Collier County Planning Commission forward Petition PUDZ-2003-AR-4250 to the Board of County Commissioners with a recommendation that this petition be deemed consistent with GGFD Station #73, PUDZ-2003-AR-4250 radC2047.tmp Page 2 of 3 -- Agenda Item No. BC October 12, 2004 Page 7 of 133 the GMP, and further that the rezoning request from the Rural Agricultural zoning district to MPUD be approved, with the limitations to address compatibility contained in the revised staff PUD document dated July 30, 2004. 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. PREPARED BY: KA Y DESELEM, AICP, PRINCIPAL PLANNER DA TE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: RA Y BELLOWS, CHIEF PLANNER DA TE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW SUSAN MURRAY, AICP, DIRECTOR DA TE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMITT DA TE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION ADMINISTRATOR COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN Attachments: List of Deviations, dated July 29,2004 PUD document (petitioner version), dated July 29,2004 PUD Document (staff version), dated August 2,2004 GGFD Station #73, PUDZ-2003-AR-4250 radC2047.tmp Page 3 of 3 Agenda Item No. 8C October 12, 2004 Page 8 of 133 Coœr Cou.nty - ~ -- STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: JULY 15, 2004 SUBJECT: PETITION PUDZ-2003~AR-425(~OLDEN GATE FIRE DISTRICT (GGFD) STATION 73 MPUD APPLICANTS: Golden Gate Fire Control & Rescue District 4741 Golden Gate Parkway Naples, FL 34116 Waterways Joint Venture IV 14627 Collier Boulevard Naples, FL 34119 AGENTS: Karen Bishop PMS, Inc. of Naples 2335 Tamiami Trail N. No. 408 Naples, FL 34103 Richard D. Y ovanovich Good1ette, Coleman, & Johnson, P.A. 4011 Tamiami Trail North, Suite 300 Naples, FL 34103 REQUESTED ACTION: The petitioner wishes to rezone 9.38± acres of land currently zoned Rural Agricultural (A) to Mixed Planned Unit Development (MPUD) for a project to be known as the GGFD Station 73 PDD. GEOGRAPIDC LOCATION: The subject property is located on the west side of Collier Boulevard (C.R. 951), approximately 340 feet north of Wolfe Road, in Section 34, Township 48 South, Range 26 East, Collier County, Florida. PURPOSE/DESCRIPTION OF PROJECT: The PUD document and the Master Plan show the subject site divided into two tracts. The Master Plan proposes a 3.72±-acre residential (R) tract (and a 0.3 ± acre preserve area from which residential density is calculated) and a 5.4±~acre public/community facilities (CF) tract. The residential portion will consist of a maximum of 16 multi-family dwelling units, which are proposed to be sold as fee simple units that will include the platted lot upon which the residential unit is located. The public/community facilities portion of the project is proposed to be developed with up to 50,000 square feet of floor area that will consist C:\AdLib eXpress\Work\rad29245.tmp.doc Page 1 of 16 Agenda Item No. BC October 12, 2004 Page 9 of 133 of a fire station and offices for fire prevention and fire marshal staff, as well as a fire training facility that is proposed to include a 75-foot high training tower. The petitioner is also seeking to allow emergency medical services, a library, a sheriff s office, and a property tax assessors office, as well as other unspecified gencral govcrnmental service offices, and cssential public scrvice facilities. The water management concerns of tlùs project will be integrated into the water management permit for the Hibiscus Village/Summit Place project, which is the project located to the north. The public/community facilities tract will have one access point onto CoUier Boulevard and an interconnection to Wolfe Road through the parcel located to the south. The residential units will gain access to Collier BouJevard through Summit Place of Naples. The site is cleared and there is a water retention lake as shown on the Master Plan. SURROUNDING LAND USE AND ZONING: North: Hibiscus Village PUD, which is a devcloping multi-family rcsidcntial project (subject to an amendment request, PUDZ-2003-AR-4046, which includes renaming the project to Summit Place of Naples) East: County Road 951, Collier Boulevard, then Vanderbilt Country Club, a PUD-zoned golf course residential project (density of 2.48 units per acre) South: an undeveloped Agriculturally zoned 9.24±-tract, a portion of which is to be used by the county as a water retention area for the widening of CR 951. (This 9.24±-acre tract was included in a March 2004 PUO rezone pre-application meeting to allow a residential development on 129 acres, tentatively named the Palclmo Covc PUD.) C:\AdUb eXpress\Work\rad29245.tmp.doc Page 2 of 16 Agenda Item No. 8C October 12, 2004 Page 10 of 133 West: an undeveloped Agriculturally zoned 20-acre tract (part of the proposed Palermo Cove PUD) PlD" HIII!lIU!I\lu.NÆ i i Excerpt from Zoning Map GROWTH MANAGEMENT PLAN (GMP) 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 GMP. This Subdistrict allows a variety of residential uses at a density consistent with the Density Rating System; recreation and open space uses; and, essential services, including safety service facilities and governmental offices. The Density Rating System in the FLUE indicates the site is eligible for a base density of 4 dwelling units per acre. The site is not subject to any density reductions and no density bonuses are requested. Thus. the maximum eligible density is 4 dwelling units per acre. The development proposes sixteen residential units on four acres, thus the residential component of the project is consistent with the Density Rating System of the GMP. Comprehensive Planning noted that FLUE Policy 5.4 requires new land uses to be compatible with, and complementary to, surrounding land uses. Comprehensive Planning noted that the proposed training tower may not be compatible with the sumJUnding planned and proposed residential uses. Comprehensive Planning staff did recommend that this petition be found consistent with the FLUE of the GMP, but left the compatibility issue to be addressed by Zoning and Land Development Review staff. The compatibility issue is addressed extensively in this report as part of the deviation request discussion as well as the analysis of the future land uses. Transportation Element: Transportation Planning staff has reviewed this petition's Traffic Impact Statement (TIS). The TIS indicates that the proposed 16 multi-family dwelling units and a fire station project a total of C:\AdLib eXpress\Work\rad29245.tmp.doc Page 3 of 16 Agenda Item No. BC October 12, 2004 Page 11 of 133 170 trip ends on a weekday and a maximum of 15 p.m. peak. hour nips. Trip distribution and percentages of the directional peak hour volume on roadway segments arc as follows: Project Directional Distribution Percentage of P.M. peak Percentage of ROAD SEGMENT FROM TO Project Volume Hour Capacity at Volume adopted LOS Collier Boulevard North of Site Immokalee Road 65% 16 0.9% CR951 i Collier Boulevard South of Site Vanderbilt Beach 35% 9 0.5% CR951 Road Immokalee Road CR951 1-75 55% 14 0.7% Immokalee Road CR951 Oil Well Road 10% 3 0.1% Trdnsportation staff has dcternllned that this petition is consistent with the GMP Transportation Element Policies 5.1 and 5.2 because there are no roadways impacted above 3.0 percent by the proposed development. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria upon which a favorable determination must be based. These criteria arc specifical1y noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the LDC and required staff evaluation and comment. The staff evaluation establishes a factual basis to sUPPOl1 the recommendations of staff. The Collier County Planning Commission (CCPC) uses these same criteria as the basis for their recommendation to the Board of County Commissioners (BCC), who in turn use the criteria to support their action on the rezoning request. 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 recommended additional language be added to the PUD document to address concerns about locating preserve areas on a berm or in an area that would conflict with any other easements. The preserve areas must be located at natural ground level or on a practically flat slope, and' fully comply with LDC Section 3.9.7.1E. A steep berm would not provide the natural state needed to ensure survivability of the mitigation plantings. 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 PUD document that accompanies the request. The applicant has incorporated Transportation staffs concerns within the PUD document. Utility Analysis: The Utilities Depat1ment staff has reviewed the petition and has stated that approval of this petition is subject to application for, and conditions associated with a "Water and Sewer A vai1ability Letter" from the Collier County Utilities Division, The Utilities Department notes that a 24-inch water transmission line exists along Collier Blvd. However, sewer availability is subject to construction and placement into service of a proposed 16-inch sanitary C:\AdLib eXpress\Work\rad29245.tmp.doc Page 4 of 16 Agenda Item No. 8C October 12, 2004 Page 12 of 133 force main along Collier Blvd. Collier County Public Utilities cannot guarantee a timeframe for construction of capital projects such as the sanitary force main, however the earliest completion date of the force main is anticipated for late 2004. Zoning & Land Development Review Department Analysis: Relationship to Existing and Future Land Uses: The Growth Management Plan is the prevailing document to support land use decisions such as this proposed rezoning to PUD. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. The Future Land Use Element designation is a portion of the overall finding that is required, The proposed uses are consistent with the property's future 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. The petition must be consistent with Policy 5.4 as well, or staff cannot make a recommendation of approval, based upon a required tïnding of overall consistency with the GMP. Staff must consider the compatibility of the uses and intensity proposed in this PUD in comparison to the existing and potential future land uses near this site pursuant to GMP Policy 5.4. Staff has concerns about the potential incompatibility of some of the uses proposed with the proposed residential uses both within this project as well as the residential structures under construction to the north within Summit Place. Staff believes that to make a finding of consistency with the overall GMP, the PUD document must include staffs recommended changes to address compatibility. As i1lustrated 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 abuts residential units within Summit Place PUD. In addition, this PUD proposes sixteen residential units within the project itself. Staff has concerns about two uses proposed for this site-the 135-foot high communication tower and the 75-foot high fire training facility. Staff visited three other fire training facilities in Southwest Florida to get a better understanding of fire stations and fire training facilities. Staff visited the North Naples Fire Station on Veterans Park Drive and two fire districts with training towers in Lee County. Staff visited the new headquarters for the San Carlos Fire District, located on Ben Hill Griffin Parkway, near Florida Gulf Coast University, and the lona McGregor Fire Station located near the intersection of College Parkway and South. Point Boulevard (see Photo on page 7 of 16). The communication tower is problematic because of its proposed height and location, and the proposed commercial use of the tower. The narrowness of the site somewhat constrains any potential location of the communication tower. As it is currently depicted, in the event of collapse, the tower would fall onto the property to the south, beyond the project's property boundaries, which is unacceptable. Staff believes that the tower should be relocated more C:\AdLib eXpress\Work\rad29245.tmp.doc Page 5 of 16 Agenda Item No. BC October 12, 2004 Page 13 of 133 internally to the site, and the height should be reduced so that the tower would be contained whoJly within the subject tract should it fall. In addition, staff believes the tower should be limited to use for the fIre station only. Constructing a tower high enough to expand its use commercially is inappropriate at this location. Commercial uses within a community facility PUD should be limited to those uses that serve the needs of the people at the facility, such as a small restaurant that is not visible from the perimeter of a government complex, but is available to persons on site. The commercial use of the communication tower as an income generator for the fire district has no relationship to the fire station use at this site. The commercial use could be located elsewhere where it would not have the visual impact upon the nearby residential uses or Collier Boulevard. The petitioner proposes a 135-foot high communication tower. Under certain circumstances, collapse of a tower of that height would cause more than half of the tower to fall onto someone else's property or even block the entrance into the fire station facility itself. Staff believes the tower proposed is too high for this site, and higher than what is customarily found in local fIre station use. The North Naples Fire Station does not have any communication tower. The two other stations visited in Lee County both have communication towers, but both towers arc less than 40 feet high and neither tower is uti1izcd for anything other than the specific fire department use. Both communication towers on the other sites have been located internally to the site, and in the case of the lona McGregor station, the 40-foot high communication tower has been located internally to the station building itself, as shown in the photo and site plan provided on the following page. Staff believes the 75-foot tall fire training facility on this site would be incompatible with the residential character of the sun-ounding proposed uses. The petitioner has not told staff how many stories are proposed. In addressing compatibility, staff must make a comparison regarding building bulk in relationship to the nearby residential uses and needs to understand how many stories would be constructed. As a way to estimate the potential number of stories that would be possible for this site, staff reviewed the lona McGregor Fire Station training tower whose stories are 8 feet 8 inches high, and the North Naples training tower which has stories 10 feet high. The average of those two examples equals 9.3 feet per story. With a proposed height of 75 feet, this project could have an 8-story high training tower. The training facility is shown on the site plan to be the most proximate use to residential buildings, which are proposed to be a maximum of 2 stories high and a maximum of 35 feet tall. This proximity of dissimilarly sized buildings with different uses is contrary to common planning practices that encourage the siting of buildings and the orientation of uses as a way to address potential incompatible uses. It does not appear that this site has been designed with sensitivity to the proposed residential uses. Throughout the review of this petition, the applicant's agent has maintained that there is no incompatibility issue for this proposed training tower and has provided letters from the adjacent property owners, Summit Place of Naples and Elias Brothers at Palermo Cove. Both letters state the property owners have no objection to the proposed communication tower and the training facility. Staff notes however, that these two entities represent the developers of those adjacent tracts, not the ultimate residents of the homes that will be constructed on the adjacent tracts. The Summit Place project already has buildings on site with sales contracts pending on individual units. The land to the south is part of the proposed Palermo Cove PUD C:\AdLib eXpressIWork\rad29245.tmp.doc Page 6 of 16 Agenda Item No. BC October 12, 2004 Page 14 of 133 project that proposes residential uses on 129 acres. Although no formal petition has been submitted, there was a pre-application conference for that tract held on March 25,2004, which is the step immediately before submission of a formal petition. 'I I } lona McGregor Fire Station Site Plan lona McGregor Fire Station Site Photo C:\AdLib eXpress\Work\rad29245.tmp.doc Page 7 of 16 __m..___ Agenda Item No. BC October 12, 2004 Page 15 of 133 The PUD document proposed by the petitioner for GGFD Station 73 would allow the training tower to be located within 60 feet of any PUD boundary, any residential tract boundary, or any roadway. Staff does not believe placing a 75-[00t tall training tower that close to residential uses is appropriate. As explained to slaff by the petitioners' agent, the training lower is to be used by agencies other than the Golden Gate Fire District. The petitioners' agents have not included any limitations within their proposed PUD document. Staff therefore has concerns about the potential traffic, noise, glare, and other unknown impacts the training tower might place upon the ultimate neighbors. In a letter dated June 18, 2004, the petitioners' agent states that the training tower may operate any day, and the uses could extend to any hour, with most use to occur between 8 a.m. and 10 p.m. No amount of exception to exlend beyond 10 p.m. was provided. The letter also states that other stations, and other governmental offices such as sheriff office staff, and EMS personnel may use the training facility. Loud speakers are to be used. Staff recognizes that it is important to have a fire station near the residential uses that may require the fire station services, however it does not seem particularly important or appropriate to place a training facility near a residential area. While recognizing the financial constraints upon the fire district to procure a training facility site, the financial considerations cannot enter into staffs review of compatibility. Staff can only review the subject request based upon the compatibility of the uses, not whether another site is, or is not a financially appropriate decision for the fire district. The two stations visited in Lee County do not have any residential uses approved or existing nearby. The Iona McGregor si1c is surrounding by retail and office uses, and the San Carlos station site is bordered by a proposed church site, with which they wi1J share an access onto Ben Hill Griffin Parkway, and land controlled by the university. The training towers are no more than 50 feet high at either site. Throughout the review of this PUD rezoning petition, the petìtioners' agent has raised the issue that the North Naples Fire Disll;ct has a training tower facility, so the l1'aining facility use should be appropriate for the Golden Gate Fire District. Staff visited the North Naples Fire training facility located on Veterans Park Drive. In addition, staff reviewed the PUD zoning that is currently in effect for that site. StatT believes there are significant differences between the two fire training facilities, as noted below: 1. The North Naples training facility is bordered by office uses and Veterans Park. There are no residential uses abutting the site; and 2. The North Naples Fire District's governing PUD document (Veterans Park Center PUD, Ordinance No. 01-22) contains several limitations as noted below: a. The North Naples site does not have a communication tower of any height. b. The North Naples sitc has a minimum 75-foot building sctback rcquirement from all PUD boundaries for the training tower. c. The training facility cannot utilize fire or smoke outside any structure. d. Outdoor sirens arc prohibited. e. Training is limited to the hours of 8:30 a.m. until 4:30 p.m. f. The training tower is now limited to a height of 35 feet (as discussion below). C:\Adlib eXpress\Work\rad29245.tmp.doc Page 8 of 16 North Naples Fire Station /þÞo;¡yt:;/'JV.iIU'W._ " . - ~'~'-'-'-'- -'--- - - . . ... ----:;:;,.....---.-.. -"- --.--.-.. ---. .... '---.- -'.... -- -- ______I .. _.. -,Jll-!. - ......."-.-.- L~ \ :1 . --~-~__:-..I" ....1:1 I \ ~~ !>\ I \ '!1l :\>" ~ .'> :!!:~~~"lnoT_ I~ ~ ~~ §,~, ~' ~i ,< t." f'": ~i ~í ~ , :\ :t 'i '..... I [= ,:; ~ = J l~w~~I..~-lJ.2: =~-----L ............-'-. --..--------- - -- '\ North Naples Fire Station Site Plan C:\AdLib eXpress\Work\rad29245.tmp.doc Page 9 af 16 Agenda Item No. 8C October 12, 2004 Page 16 of 133 Agenda Item No. BC October 12, 2004 Page 17 of 133 The training facility for the North Naples Fire District has become a non-conforming structure, per Ordinance No. 01-22. The training tower was built at a height of 50± feet as an accessory structure under PUD Ordinance No. 97-80 via SDP 98-110; however PUD Ordinance No. 97-80 was replaced by Ordinance No. 01-22. That ordinance now recognizes the training tower use as a principal use and limits the height to 35 feel. The limitations noted above were placed upon a fire training facility that is separated from any residential uses by a 4±-acre PUD project that only allows medical office and related. Therefore, it does not seem appropriate to approve the subject PUD rezoning request to allow a fire training facility that would be immediately adjacent to residential uses. The fire chief at the lona McGregor station told staff that in 1997, they proposed a rezoning to allow a 60-foot high fire tmining facility to consist of a maximum of 10,000 square feet of t100r area on 5 acres behind an existing station. A 40-foot high communication tower was also proposed. The request met major opposition from residents of a single-family subdivision whose property lines were more than 600 feet from the property line of the proposed fire training facility. The fire disttict ultimately withdrew that petition, based upon the seemingly overwhelming neighborhood opposition (see photo below). Photo of proposed but abandoned training site in Lee County General planning practices recognize several methods to help manage potential incompatibility issues, such as a review of the project's development standards regarding the proposed building heights and setbacks as well as inforrnation concerning building mass, building location and orientation, potential softening architectural features, the amount and type of open space and its location. In addition, the proposed uses are viewed as to their tendency to generate and attract traffic. For this petition, the Traffic Impact Statement (TIS) submitted by the petitioners' agent on June 4, 2003, based the traffic generation rate upon the fire station use only for the CF portion of this site, and was further refined to be based upon a maximum of twenty staff persons per shift. The methodology agreed upon between the petitioner and transportation staff did not include a separate analysis for the training facility because, according to the TIS, "the fire fighting training facility will not be utili¡r-ed on a regular basis," therefore "the fire station trips were assumed to include the training facility trips." It seems that the training facility's proposed scope of use may have been expanded since the TIS was submitted on June 4, 2003, because the petitioners' agent C:\AdLib eXpress\Work\rad29245.tmp.doc Page 10 of 16 Agenda Item No. 8C October 12, 2004 Page 18 of 133 indicates the training facility will be made available to other fire districts as well as other users, both inside and outside of Collier County. To show the differences between this project and the other facilities with training towers, staff has formulated the following table. Facility Training tower Stories in Square feet Site Nearest Communication height training floor area Size Residential tower height facility (Acres) Use Subject Tract 75 feet Unknown 50,000 5.4 60 feet 1 35 feet North Naples 35 feet allowed; 4 with open 20,480 6.9 600± feet· None built to 43.5 feet roof San Carlos 43.5 feet 3 with open 23,368 3.2 500± feet· 30 feet i roof 10na-McGregor 50 feet 4 with open 23,000 2.7 500± feet· 40 feet roof . Measurements are approximate based upon aenal photos and information provided by tire station personnel Staff must review the proposed rezoning for its full potential of negative impacts, and has recommended that the training facility not be approved at this site, and further, that the communication tower be limited in scope and location. Deviation Discussion: The petitioner is seeking seven deviations. The petitioners have provided justification in SUPP011 of the deviations. (See tbe application package for a copy of the petitioners' ]ist of deviations that includes the justification.) Staff has analyzed the deviations and provides the analyses and recommendations below. Deviation No.1 seeks relief from LDC Section 3.3 to exempt the 16 residential units from the Site Development Plan (SDP) process. This deviation is being sought to alleviate the duplicative processes the LDC requires for the residential units. This issue is addressed in the PUD Document as item 2.S.C. The purpose of the SDP process and subdivision process is to ensure compliance with land development regulations, and consistency with the County's Growth Management Plan. Currently the. LDC requires multi-family dwelling unit buildings to be approved using the SDP process, which is the development approval process reserved for most commercial development. However, since each residential unit in this project is proposed to be sold in a fee simple manner that includes the lot, the project would also be required to seek approval through the platting process. The platting process is usually used for projects that do not go through the site development plan process, such a..~ a single-family home subdivision. Projecl~ seeking approval of this product type have been required to go through both processes up to now because no other process was in place to address this rather unique product type. Requiring approval using both approval paths is duplicative and time-consuming for both staff and the applicants. Staff is currently investigating how best to deal with this situation. Staff may submit an amendment to the LDC after all the issues have been completely studied. In this instance however, a deviation will allow this project to move forward and avoid the duplicative processes. Approval of this deviation would allow the developer to use either one or the other approval C:\AdLib eXpress\Work\rad29245.tmp.doc Page 11 of 16 -- Agenda Item No. BC October 12, 2004 Page 19 of 133 paths, but would not require both. If the lots will be sold in a fee simple manner that includes the lot, the developer may utilize the platting procedure, otherwise a SDP approval must be sought. Staff has reviewed the deviation and recommends approval finding that, in compliance with LDC Section 2.7.3.1., the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community." Deviation No.2 seeks relief from LDC Section 3.5.7.2 which requires a 1O-foot lake side slope break point elevation, to allow lake side slope break point elevation to be five feel below control elevation. Engineering staff has evaluated this deviation request and recommends that it not be approved because county records show a wet/dry season water level fluctuation in that area of over 4 feet, and for safety's sake, the break point should be between the 4: 1 and 2: 1 slope to be at least 3 feet below control elevation. That means that the break point should be over 7 feet down. The county has maintained this 1O-foot standard because many areas of the County have a 6-foot fluctuation, and the lO-foot standard picks up the worst-case condition. Lacking any compelling evidence from the petitioner that the Iluctuation on this site is substantially less than stated, staff recommends that this deviation be denied finding that, in compliance with LDC Section 2.7.3.1., the petitioner has not demonstrated that "the clement can be waived without a detrimental effect on the health, safety and welfare of the community." Deviation No.3 seeks relief from LDC Section 2.6.35.6.6.2 which requires the proposed communication tower to be separated from all other surrounding property boundaries by a distance not less than one half the height of the tower and its antennae, or the towe,r's certified collapse area, whichever is greater; to allow a minimum setback of (60 feet) from all PUD boundmies and internal and external residential tracts and public roads. As staff understands this deviation request, the tower proposed by the applicant would faU onto other properties other than the subject property. Only the tower's base would be affected by the 60-setback. Staff does not support this deviation request because the tower's location could pose a safety issue as noted above. The purpose of the setback distance is to ensure that should a tower collapse, the tower would fall within the area owned and controlled by the property owner, i.e., the tower's collapse area. As cWTently proposed on the site plan, the tower could fall onto the property to the south. It is staffs understanding that the county has an easement over the portion on which this tower may fall. It is unacceptable to put the county at risk for an impact caused by another party. As with compatibility issues, the petitioner could make site plan modification to relocate the tower elsewhere on site and reduce the hcight of the tower. Staff has been told that the fire district wants a high tower because they want to rent space on the tower to raise money. The petitioner's desire to make a profit by renting tower space is not a consideration in determining the appropriateness of the communication tower. Staff does not believe it is appropriate to allow a commercial communication tower enterprise at this location. A communication tower use is appropliate only to the extent that it will be used for the fire district's direct use. Deviation No.4 seeks relief from LDC Section 2.4.7.2 which requires a type "A" buffer between the proposed Summit Place RPUD and this project, to allow this project to provide trees located north of the common PUD boundary in Surmnit Place, with flexibility for tree spacing based upon driveway locations. This issue is addressed in the PUD Document as item 6.9.B. This project, as previously explained, has a residential component that will function as part of the Summit Place C:\AdLib eXpress\Work\rad29245.tmp.doc Page 12 of 16 Agenda Item No. BC October 12, 2004 Page 20 of 133 POO project, with frontage along the roadway within that project. This shared project design creates some unusual buffering issues, because the LDC requires buffers to separate PUD zoned projects. In this case, it is impractical to provide buffers between this project's residential portion and Summit Place, because those buffers would separate the residential units from their roadway access. The developer and staff have discussed the buffering issues of this project extensively trying to address the unique nature of this project. First, the developer has agreed to provide the trees that would be a part of that buffer upon the lots themselves. Secondly, staff and the applicant have agreed upon the size and design of an enhanced buffer that will separate the community facilities and the residential factions of this project, and coordinate the design of this project so that it incorporates the Summit Place connections. Staff has reviewed this deviation and recommends approval finding that, in compliance with LDC Section 2.7.3.1., the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community." In conjunction with the enhanced buffer and Deviation No.4, the applicant is seeking Deviation No.6, which addresses the wall requirements to separate uses. Deviation No.5 seeks relief from LDC Section 2.4.4.18., that requires a 5-foot setback from a property line for the toe of slope, when the proposed berm is greater than two feet in height, to allow: a) A bermed landscaped buffer between Tracts Rand CF within this project, as íllustrated in Cross-section H-H on the Master Plan; and b) A bermed landscaped buffer between the CF tract and the project to the north (Summit Place) as illustrated in Cross-section G-G on the Master Plan; and c) A bermed landscaped buffer between the common propertyltract boundary of the Residential tract (Tract R) within this project and the property to the west (the proposed Palermo Cove RPUD), as illustrated in cross-section B-B on the Master Plan; and d) A bermed landscaped buffer along this project's southern boundary as illustrated in cross- section E-E on the Master Plan. Staff is supporting deviation No.5 noting again that this project incorporates some unusual features in that part of the access will be from the adjacent PUD, and in fact, the residential units will be more a part of the adjacent PUD than a part of the Community Facilities p011ion of the subject PUD. Deviation No.6 seeks relief from LDC Section 2.6.11.4.2., that requires the developer to install a masonry walloI' prefabricated concrete wall/fence to separate: a) The Residential Tract "R" and the Community Facility Tract "CF" within this project, and b) The Community Facility Tract "CF' within this project and the Summit Place in Naples PUD to the north. Instead, the developer will provide a 40-50 foot wide Type "C" buffer area that includes a berm that is no less than 3-5 feet high with tree and hedge plantings as required in LDC Section 2.4.7. and as shown on Sheet 3 of 5, the ConceptuaJ Water Management Plan and as depicted in Cross Sections G-G and H-H. This deviation is a companion request to Deviation No.4, and is stated in the PUD Document as Section 6.9.G. Because of the unique nature of this POO, staff is recommending approval of this C:\Adlib eXpress\Work\rad29245.tmp.doc Page 13 of 16 -~~- '''''' _III" '''''11; Agenda Item No. BC October 12, 2004 Page 21 of 133 deviation finding that, in compliance with LDC Section 2.7.3.1., the petitioner has demonstrated that "the element may be waivcd without a detrimental effect on the health, safety and welfarc of the community." Deviation No.7 seeks relief from LDC Scction 2.8.3.1.4., that prohibits a proje.ct design that places more than 50 percent of the off-street parking between a building and the street. This project as currcntly designed places 100 percent of the parking spaces between the building and CR 951. This design is contrary to the purpose and intent of the architectural code requirements that states: . . . design ofbuilding(s) and site determines much of the imnge and attractiveness of the !¡treetscapes and character of a community. Massive and/or generic developments that do not contribute to, or integrate with, the community in a positive manner can be detrimental to a community's image. and sense of place. The goal is to create and. rnaintain a positive ambiance and strong community image and identity by providing for architectural and site design treatment~· which 'will enhance the visual appearance of commercial development in Collier Coun~y, while still providing for design flexibility., " The parking area, shall be integrated and designed so as to enhance the visual appearance of the community. " The justification provided by the petitioner states that the parking configuration required by the county will not allow the parking areas to be "easily monitored," Staff is not convinced that the current standards in LDC Section 2.8 create any safety issues. The purpose and intent statement for the architectural standards states in LDC Section 2.8.1.: These regulations are intended to promote the use of Crime Prevention Through Environmental Design (C.P.T.E.D.) principals including: visibility - visibility for law enforcement and other people in the area; natural surveillance - placing areas of activity where they can be seen by law enforcement and the public; and defensible ,\pace - designing areas which people will take as their own and not be willing to relinquish this space other undesirable activities. Staff therefore recommends denial of Deviation No.7. The project must be re-designed to comply with all segments of the architectural standards DIFFERENCE BETWEEN THE PETITIONER'S PUD DOCUMENT AND THE STAFF PUD DOCUMENT: In some instances, staff and the petitioner are not in agreement. Accorcling to staffs understanding of the issues, there are several areas of disagreement remaining between the petitioner and staff, as noted below: 1. Two main issues of contention are the fire training facility and the. communication tower. Staff is not recommending approval of the fire training facility, and staff is recommending that the communication tower's scope of use and height be reduced to 40 feet. 2. Section 2.11 of the PUD document: Staffs document does not differentiate between the multiple owners and multiple projects and the agreements that have been entered into amongst the parties other than the county; staff referenced the entity responsible as the C:\AdLib eXpress\Work\rad29245.tmp.doc Page 14 of 16 Agenda Item No. BC October 12, 2004 Page 22 of 133 GGFD Station #73 PUD (see Rezone Findings for an explanation). 3. Section 5.2 of the PUD document: Staff has altered the list of uses to specifically address the uses as contained in the Standard Industrial Code manual and as more specifically defined in the LDC. The petitioners' PUD document was not as specific. 4. Section 6.2. of the PUD document: Staffs version clarifies the time for which the developer may be responsible for improvements required by the PUD document. The proposed language has been provided by the county attorney's office. 5. The petitioners' PUD document contains a discrepancy regarding the height of the training tower. On page 16, in Section 5.3.3-Accessory Structures, the proposed height is shown as a maximum of 75 feet; however, in Table II, on page 13, accessory structures are shown not to exceed 2 stories, which does not seem in concert with a proposed height of 75 feet. (Because staff is not recommending approval of a training tower, the height and number of stories for that use is not an issue.) 6. Staff has informed the petitioners' agents of the recommendations regarding the deviations. It is staffs understanding that the petitioners will continue to seek approval of the deviations as part of the public hearing process. NEIGHBORHOOD INFORMATION MEETING: The agent for the petitioner, Karen Bishop of PMS of Naples, Inc., scheduled the required Nei~hborh()od Information Meeting for July 22, 2003 at the Golden Gate Fire Station No.71, 100 13t S1. S.W. at 5:30 P.M. The agent's team as well as county staff attended, however no one from the public arrived for the scheduled presentation. The meeting was called to official close at approximately 5.50 P.M. STAFF RECOMMENDATION: Zoning & Land Development Review staff recommends that the Collier County Planning Commission forward Petition PUDZ-2003-AR-42S0 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 the Rural Agricultural zoning disu"Íct to MPUD be approved, with the limitations contained in the staff (see Differences discussion on page 14) 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 overal1 GMP, which is a paramount requirement necessary to support any recommendation for approval. C:\Adlib eXpress\Work\rad29245.tmp.doc Page 15 of 16 ..-..--.- Agenda Item No. BC October 12, 2004 Page 23 of 133 PREPARED BY: KA Y DESELEM, AlCP, PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE REVIEWED BY: RAY BELLOWS, CHIEF PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE SUSAN MURRAY,AICP, DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE APPROVED BY: JOSEPH K. SCHMITI ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Tentatively scheduled for the July 27, 2004 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN Exhibits: A. B. Rezone Findings PUD Findings C:\AdLib eXpress\Work\rad29245.tmp.doc Page 16 of 16 Agenda Item No. 8C October 12, 2004 Page 24 of 133 PUD FINDINGS PUDZ-2003·AR·4250 Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plan's compliance with the following criteria: 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 has been cleared, and a water retention pond has been dug on site which has altered the natural characteristics of the land. The site is located along Collier Boulevard [County Road (CR) 951], and will have access from Collier Boulevard and Wolfe Road via an interconnection to the south. 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 PUD document makes appropriate provisions for continuing operation and maintenance of common areas. The subject property is subject to a "Development Assistance Agreement" that has been executed between the two property owners of this site and the development of Hibiscus Village PUD (also known as the Summit Place of Naples PUD). This document sets forth agreements between the parties regarding which entity will do certain improvements. Because the county is not a party to this agreement, staff has included language in the PUD document that states that ultimately the property owners of this PUD, GGFD Station #73, are responsible for all improvements within this site, thus no burden should be passed along to the public should the agreement not come to fruition for any reason. 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 PUD 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 buffering and screening requirements. Staff analysis indicates that this petition is compatible, both internally and externally, with the proposed uses and with the existing surrounding uses, subject to the adopted of the staff version PUD documen 1. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. C:\AdUb eXpress\Work\rad94912.tmp.doc Exhibit "B" Page 1 of 2 .~~-_.- Agenda Item No. BC October 12, 2004 Page 25 of 133 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 is currently alJowed 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 appJied 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. The staff report contains a list of deviations and staffs recommendation regarding each deviation. Staff has recommended approval of Deviations 1, 4, 5, and 6 and finds that the modifications proposed are justified because they will meet the purpose to a degJ'ee at least equivalent to the literal application of each regulation from which they request to deviate. Staff is recommending denial of Deviations 2, 3, and 7, and finds that the modifications proposed are not justified because the modifications will not meet the purpose to a degree at least equivalent to the literal application of each regulation from which they request to deviate. C:\AdUb eXpress\ Work\rad94912.tmp.doc Exhibit "B" Page 2 of 2 Agenda Item No. 8C October 12, 2004 Page 26 of 133 REZONE FINDINGS PETITION PUDZ,2003-AR-4250 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 wì1l 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, if the use is limited to a fire station. A tire station use, although different and more intense than the surrounding existing and proposed zoning districts and uses, is related. This site's use as a training facility that includes a tower would create an isolated district unrelated to the adjacent and nearby districts however. Staff therefore has not recommended approval of the fire training tower. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change; The PUD district boundaries are logically to follow property line boundaries. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary; The proposed PUD rezoning is appropriate, with the limitations proposed by staff in the staff version of the PUD document addressing compatibility with adjacent land uscs. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Exhibit" A" C:\AdLib eXpress\Work\rad84C3F.tmp.doc Page 1 of 3 ..-- Agenda Item No. BC October 12, 2004 Page 27 of 133 Because of limits in the staff PUD document, there should be no adverse influence upon living conditions in this neighborhood if the proposed change is approved. 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; 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; TIle project will be required to obtain a permit from the South Rorida Water Management District. Drainage problems should not be created when construction is done in accordance with the permit and staffs recommendations regarding Deviation #2 seeking a change in the lake side slopes. (Staff is recommending denial of Deviation #2.) 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, conidor 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 deterrent to the improvement or development of adjacent property, if staff's recommendations regarding the fire training tower are incorporated into any approval. Otherwise, compatibility issues could arise that could act as a deterrent to the development 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; C:\AdLib eXpress\Work\radB4C3F.tmp.doc Page 2 of 3 The proposed rezone to PUD (with staffs PUD document) complies with the Growth Management Plan, which is a public policy statement supporting zoning actions when Exhibit "A" Agenda Item No. BC October 12, 2004 Page 28 of 133 they arc consistent wìth said plans. In light of this fact, the proposed PUD does not constitute a grant of special privilege. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The site could also bc development in compliance with the existing zoning if so desired by the property owner. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The proposed PUD, with the training tower would be out of scale with the needs of the immediately neighborhood. As limited in the staff PUD document, the site should be developed in a manner that is compatible with sun'ounding propelty 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 pennitting 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. However, staff believes that a more appropt;ate location could be found for the fire training facility with the Golden Gate Fire District's 103± acre service area that does not border more densely-developing, existing or impending residential uses. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the rànge of potential uses under the proposed, zoning classification; Staff has noted in the staff report that the subject property is a long rectangular parcel that docs not allow too much t1exibility in site design. However. staff also noted that the site plan does not appears to have been designed with sensitivity to the proposed residential uses in the immediate area, because the fire training tower is the most proximate building to the residential uses. While site conditions may restrict the location and square-footage of the buildings, they would not render the property unusable. 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. Exhibit "A" C:\AdLib eXpress\Work\rad84C3F.tmp.doc Page 3 of 3 ü'<;tt"? ~i~ i i~ root"? o~ ~~~ ON-- ~II! ~ ~ ~¡ Z - 0 5~ N 2 E~g¡ ,...... .$Q;( ) 1YNWO 1¥W,) -..Q 0> (I.. .."OJ """..",.,. I13moo room -0130... ~O 0> <1: a.. ~ « ,. ~ ~ !' !J1 ~ W g I- ~ : - ~ C/) iii z 0 w- !::!< aJO 9 0 Jl) N ...,. Q: « 0 C') 0 0 N ""'" ou ... / -.- I.. - :::::J Il. 'It: I! ~ e I! z 0 ~ 6. g. iii. di I- :! .. .. II - ~~ ~ §~ " " ~ I~ ..... I i w I I Il. S i " I I e ¡;J ~ I! &. t g¡: a.. "!- ::¡ "~~ :: ~~ ~~! « I I ¡ ~ Ii ~ CJINM'1I"IOi aBJTlOO UII'lfO P e I! Z I ~ t iii g. 0 to ~'" 2 i~ ~ ~~ a" f f ~ - l- I « ~I!II ¡j . ~1!1i Ü I ~ Ρ¡ ~I!~ d 0 ! "IG¡ .. ~Ê~ ~I -IÊ~ I ¡ --' . ;¡ "',.,......,. IMIOl i r! e I! I 2 5. I g BR ~I ~ PI ~. .. ¡ .. I~ ~i~ f . i- I U-aL¥J.8&..UrrII etnloUlLN/1IXI.,.r1D& 1ODOIt~ 0 ~~ :'! ~ . 9l- ;UV.ünS.UI j' -- " Agenda Item No. 8C October 12, 2004 Page 30 of 133 2ND RE-SUBMITTAL PUUZ-2003-AR-4250 PROJECf # 2003040037 DATE: 5/5/2004 KAYDESELEM APPLICATION FOR PUBLIC HEARING FOR: "X PUD REZONE [JPUD TO PUD REZONE Petition No.: Planner Assigned: Date Received: Commission District: ABOVE TO BE COMPLETED BY STAFF 1 . General Information: Name of Applicant(s) Golden Gate Fire Control & Rescue District Applicant's Mailing Address 4741 Golden Gate Parkwav. Naples. FL 34116 Applicant's Telephone # (239) 455-1884 Fax # (239)455-7917 Second Applicant: Waterways Joint Venture IV at 14627 Collier Blvd.. Naples. FL 34119 Applicant's Telephone # (239) 352-6610 Fax # (239) 352-1460 Name of Agent Karen BishoD Finn_PMS. Inc. of Naples Agent's Mailing Address 2335 Tamiami Trail N. #408 City Naples State FL Zip 34103 Agent's Telephone # 239-435-9080 Ext 3 Fax # 239-435-9082 Agent's E-Mail Address:KarenBishop@Dmsnaples.com COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (941) 403-2400IFAX (941) 643-6968 *Be aware that Comer County has lobbyist regulations. Guide younelf accordingly and ensure that you are in compliance with these regulations. AuDlÌClltlOD For Public HelrlDl! For pun Ilezoue 4/14103 -~._-- .'.-'''---.' Agenda Item No. BC October 12, 2004 Page 31 of 133 Complete the following for all Association(s) affiliated with this petition. (provide additional sheets if necessary) Name of Homeowner Association: Hibiscus Vill¡urelSummit Place HOA Mailing Address 14627 Collier Blvd. City Naoles State FL Zip 34119 Name of Homeowner Association: Mailing Address City State _ Zip Name of Homeowner Association: Mailing Address City State _ Zip Name of Master Association: N/A Mailing Address City State _ Zip Name of Civic Association: N/ A Mailing Address City State _ Zip 2 . Disclosure ofInterest Information: a. If the property is owned fee simple by an INDNIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Golden Gate Fire Control & Rescue District. An indeoendent special fire control district of The State of Florida Percentage of Ownership 50% ADDllutloa For Public HeanH For PUD Rezone ""14103 Agenda Item No. 8C October 12, 2004 b. If the property is owned by a CORPORATION, list the officers and stockhold::iiidtbcg 133 percentage of stock owned by each. Name and Address, and Office Percentage of Stock 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 Interest d. If the property is in the name of a GENERAL or LIMITED PARTNERSmP, list the name of the general and/or limited partners. Name and Address Waterways Joint Venture IV. a FL 2eneral partnershio that consists of: Richard Davenport. President of Waterwavs Develonment. Inc. Aumon Golan. Director Robert Miller. President ofDESN I Inc. Brian Selieman. President of Bribro Ventures. Inc. Percentage of Ownership 50% e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Date of Contract: ADDliutiOll. For Pabllc HeartDI! For PlID RO!ZODC 4114103 Agenda Item No. BC October 12, 2004 Page 33 of 133 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 () leased (): Tenn oflease yrs.lmos. If, Petitioner has 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 occur subsequent to the date of application, but prior to the date of the fmal public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest fonn. 3. Detailed 1e2a1 descriDtion of the Dropertv covered bv the aDDlication: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to '400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. See Exhibit "B" Section: 34 Township: 488 Range: 26E Lot: Block: Subdivision: Plat Book_ Page #: Property I.D.#: 00203960002 & 00204760803 Metes & Bounds Description: 4. 8ize of DroDertv: ft. X ft. = Total Sq. Ft. 408.591.06 Acres ±9.38 5. Address/2enerallocation of subiect DrODertv: The Droject site includes portions of Sections 34. Township 488. Range 26E. Generallv. the Droiect is located on the western side of Collier Blvd. just North of Wolfe Rd. 6. PUD District (LDC 2.2.20.4): X Residential X Community Facilities o Commercial 0 Industrial ADoIiutio. For Publie HurlDI! For PUD RezoDe 4/14103 Agenda Item No. 8C October 12, 2004 Page 34 of 133 ¡~- 7. Adiacent zonmS!: and land use: Zoning Land use N PUD Hibiscus Village S A Collier County Water Retention Pond E PUDIRW Collier BlvdN anderbilt C.C. W A Undeveloped Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). This is owned by Waterways Joint Venture IV Section: 34 Township: 48S Range: 26E Lot: Block: Subdivision: Hibiscus Village PUD Plat Book_ Page #: Property I.D.#: 00204240006 & 00204320007 Metes & Bounds Description: Located on the western side of Collier Blvd.. approximately % mile north of Vanderbilt Beach Rd. 8. Rezone Reauest: This application is requesting a rezone from the zoning district(s) to the PUD zoning district(s). Agricultural Present Use of the Property: Plant Nursery Proposed Use (or range of uses) of the property: Fire Station with Training facility and Single-familY housing in townhouse configured mulit-unit buildiruzs. with aDDro{)riate infrastructure Original PUD Name: Nt 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 Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and docwnentation in support of the request. ~"Dllntioll For publie 8eam2 For PUD RezoDe 4I141Ð3 " "---- Agenda Item No. BC Octob~r 12, 2004 Page 35 of 133 PUD Rezone Considerations aDC Section 2.7.3.2.5) 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 subiect propertv for development is within the Urban Mixed Use DistrictlUrban Residential Sub-district as identified on the Future Land Use Map as provided for in Obiective 1 of the Future Land Use Element (FLUE). and the uses contemplated are consistent therewith The Urban Residential desÌ1mation includes both residential and nonresidential land uses and would appropriately include the essential services tyDe of development. This specific site is located adiacent to c.R. 951 which is classified as a maior arterial roadwav. Our access is achieved thru the c.R. 951 system as well as Wolfe road to a drive that interconnects our facility thru a parcel that currently is zoned agriculture facilitated by the Transportation Derxutment. Our utilities such as water. sewer and drainaJ!e are available and will be Drovided bv the developer of the· Hibiscus P UD which is also the developer of the Residential section of our P UD. We have entered into an aJ!1'eement with the Residential develooer immortalizing his contribution to our Public Facility 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. Findings and recommendations of this type shall be made ·only after consultation with the county attorney. We have entered into an agreement which clarifies the unified control. This same aJ!1'eement includes arranf!ement and Drovisions for easements and maintenance commitments. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. The Project development is comDatible with and comDlementarv to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. Although our traininl! tower is not a normal permitted use for Essential Services it is allowed as a conditional use. Since we are a Darmer in this PUD with the Residential develooer for Hibiscus. which is the builder on both the north and the west of the Fire Tower site we feel there is not an issue with compatibility. The Residential developer to the south is also Droviding us with a letter stating they have no objection to the tower. DurinJ! a Public meeting with the Vanderbilt Countv Club Association over the entrance location of the Fire Station they stated they had no obiection to the Tower. It would appear that there is no compatibility issue 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 proiect prODQses adequate buffering where adiacent uses are dissimilar, 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The protect will meet the Countv's open space requirements. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. AuuliClltiOll For Public: Hearim! For PUD Rem.\: 4114103 Agenda Item No. 8C October 12, 2004 Page 36 of 133 7. The ability of the subject property and of surrounding areas to accommodate expansion. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Please see the PUD document 9. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 10. Previous land use -petitions on the subiect property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? No 11. Additional Submittal reauirements: In addition to this completed application, the following shall be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre-application meeting. a . A copy of the pre-application meeting notes; b. If this rezone is being requested for a specific use, provide twenty (20) copies (this includes: HUI if affordable housing, Joyce Ernst, if residential and ImmokaleeIWater Sewer District, if in 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 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 CCPe]; · all existing and proposed structures and the dimensions thereof, · provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), · all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], . · required yards, open space and preserve areas, · proposed locations for utilities (as well as location of existing utility services to the site), · proposed and/or existing landscaping and buffering as may be required by the County, AuDIIe.do. For PaWl\: Rurlal! For PUD R_ 4/14183 .-.-,,-- · -_._--- ---- --.....----...-. c. An architectural rendering of any proposed structures. Agenda Item No. BC October 12, 2004 Page 37 of 133 d. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC) , or a request for waiver if appropriate. 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 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent wi1;l1. 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.). f. Statement of utility provisions (with all required attachments and sketches); g. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; h. A historical and archeological surveyor waiver application if property is located within an area of historical or archaeological probability (as identified at pre-application meeting); I i. Any additional requirements as may be applicable to specific conditional useS and identified during the pre-application meeting, including but not limited to any required state or federal "permits. j. An electronic version of the PUD on a disk as part of this submittal package. k. Boundary Survey, no more than six months old - LDC Section 2.7.3.1.2.(8) Please be advised that Section 2.7.2.3.2 (3) of the Land Development Code requires an applicant to remove their public bearing advertising sign (I) after final action is taken by the Board of County Commissionen. Based on the Board's final action on this item, please remove all public hearing advertising sign (8) immediately. ADDlleatioa For Pablle HealÚll!: For PUD Rezoae 4/14113 Agendp Item No. 8C October 12. 2004 Page 38 of 133 PUD REZONE APPLICATION SUBMITIAL CHECKLIST TIDS COMPLETED CHECKLIST IS TO BE SUBMITfED WITH APPLICATION PACKET! REQUIREMENTS #OF NOT COPIES REOUlRED REQUIRED 1. Completed ApplicationIPUD documents 24* X 2. Copy of Deed(s) and list identifying Owner(s) and all 2* X Partners if a COfDOration 3. Completed Owner/Agent Affidavit, Notarized 2* 'X 4. Pre-application noteslminutes 24* X 5. Conceptual Site Plans 24* X 6. Environmental Impact Statement· (EIS) 4 X 7. Aerial Photograph - (with habitat areas identified) 5* X 8. Completed Utility Provisions Statement (with required 4 X attachments and sketches) 9. Traffic Impact Statement· (TIS) 7 X 10. Historical & Archaeological Surveyor Waiver 4 X Application 11. Copies of State and/or Federal Pennits 4 X 12. Architectural Rendering of Proposed Stcudure(s) 4 X 13. Application Fee - $5000 + $25 per acre X Data Conversion - $25 Fire Code Review - $150 EIS Review = $1600 Check shall be made payable to: Collier County Board of Commissioners 14. An electronic version of the PUD on a disk as part of X the submittal packet. 15. Affordable Housing Density Bonus Agreement 4 X includine all Aooendices and Exhibits. 16. Boundary Survey (no more than 6 months old) 5 X 17. OTHER REQUIREMENTS: '" Documents required fO(' Long-Range Planning Review "'I additional copy if for affordable housing & the authorized agent/applicant for Ibis petition, I attest that aU of the infonnation indicated on this chect1ist is included in this submittal ge. I understand that failure to include aU necessary submittal information may result in the delay of processing 1bù pcIi ... ~ '5 APlJtlcatiou For Public Rearlnl! For roo Rewne 4114103 -- ro "D c: Q,) 0'> « I I ;f ~ j : I I~' II. I t!'1 I " I lu I 'Î I. I n ~ ;: «i d,,' I I I:. pil. I:'.'· p;·1 I' i::I, II' 'sli i 1.',1111111 11,11 .. . I ~ 'III S J! ~ I II r II ( '1111 ,I II I· . , ,,¡ I, ,¡II ., ,I I ~ II J ;. II I I all f ~~, · II ~.: ! ;. i2111 ~~ I~I IIß!ll' '3 Ii ~ ; ; ;;: ~ ; : ; ; : i I'I~ II II ~t I !.h'l .U I· ;;Ip-'" , !l1~ 11 ill f. ."1 ~ :2!.f I~' ~ 1'!':IIII,i i ;r "~rl I r lil~ f ß I . !. ,I! I I I IIIII~~ ~I"II~ I I, . II I II I j :1' ,! !! tifi .! N! I i~ ! II ~tlŠf!!!!!!~'ª¡¡~W~~ !!!!!!!!!!!!!! II i 'I ..fi .lIf . I.I! J! 11.11 ! ! ! ~04~S!~'¡d'.~~~"..o.;;3øbb~~~:!SB: l· 0 I '.11 .. " · · . ". n ill , I I ,I I ~~ "Ig I: I!s ~... SI _0 Ii ",,,, - ..... 0 I!s- ... ..,z ~ ,Z I -~':I~"''' --~-~'" I ~II ----- '6 IleI I š.I." ~1'Hd ~I ../ i'l lit ! i : ! ~ Jõ - -~- ~ ~ ~ ,~ ,~ ,1 I ., dd., n: ;rl ~ , I ~I "., ~ ~!I ~ .1:' ~ ....' r ., . ... ,..' -<Þ- j I I I 'OJ" ,..J ~.. ~ I ...' ~ ....JÞ ~I \ I,f IPp ~ ~ I I I H! I I I I I ,-' , , ,~ I I I I I I I I , . . , ..-> ~ . .--... - ... .--",,'" .---;¡. .-v.7w;¡;;. ....,... ... .:" 03/88/2B84 81:39 4359082 4~ÞW082 _> WATERWAY. HOMES, PMS. It-C CF NAPLES ..age 2 AgendadD'l Ng28C Octob'erl2, 2004 Page 40 of 133 n..W......v.u- ~I O/~ I~;~~~_i AFf1DA.J(JT Well, +- being first dulyswom. depose and .lay tMl well am/an the owns of the property describe'd herein and whjch is 1M subject matter of the proposed hearing,' that all ths an.rwers to 1M questions In 11m application. i1fcluding thtr disclosure of IlIle,..st informatiOn. all .rølches, data, and other supplementary marter attachød to and mtJde a part of this application, are honut and trUe 10 the best of 01l1' /mowledge and bell,f Well und"mmd that tM Information requuted on this application must be compl,k and QCCW'ale tmd that tM content of this form, whsthsr computer geINrat,d or Cormty printui SMIl not 1H altered. Public hearings will not be atlver1iMd until this application is deemed compl,t,. and all required i,gormatioJl hœ Hen submlned. .4.s property OWMr W'ellfurther authorize II-YJ ren ß~ cf. P fYJ!;:;'c'lO act as Oll1'lmy representatlw in any mottITS regar;¡¡;¡¡ïhis P,tition. $ignotUf'e 'if Property Own., éi../c.f1.....IV-rJç¡;;' NT (/6"'" ~¡(Ii .a. /1,,; -Æcfr¡-I ¡Joy~7 /Typed or Printed Name oJ Owner Slgt'IIltIlN of Property Ow"", Typed or Printed Name of Owne,. The foregoing Instrument WQ8 acK¡JOwl,dged befo,.e me this )l day of /J1 ~ , 200!L-, by ¡8-' ~ þü, 1/ ~ wPn if personally lcnown to m, or has produc,d .,~- ~~~t)Âf (Signature of Notary Public - Stat, of Florida) State ofFlo County of C (PrIm. Type, or Stamp CommtsstoMd Nam, of Notary Public) 2ND RE-SUBMITI AL PUDZ-2003-AR-4250 PROJECT # 2003040037 DATE: 5/512004 KAYDESELEM - _.- -.---"- Àllll8i1!&doII Fer Pahll~ ....... ~ PIJD D_ .nøl AFFIDA V/T Agenda Item No. BC October 12, 2004 Page 41of 133 WeII,'"'])o1\CA \~ ~. rr e.\(.-r~0Y') being first duly sworn, depose and say thatweJI 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 sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief Well understœµl 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 owner Well further authorize W¡r~n ß'~ J]J to act as our/my representative in any matlers regarding this Petition. ~t'a~ ¡:;d-M,<F Signature of Property Owner Signature of Property Owner )ø4Jt1> K- ne.cfll4.> ¡c¡G;-C).}.LF' Typed or Printed Name of Owner Typed or Printed Name of Owner Theforegoing instrument was acknowledged before me this .5t~ day of 'f{\tA.~ by":DonGl\~ "'. '~\'~.50""("\ who is l?ersonally known to me or has produced as identification. ,200~, State of Florida County of Collier MIlt( 'A1RaA IEU.ENIIERGI Jtf COMM188ION' DO ,.,. ., ~·0anber5,_. 0c:I,.~'!IIrv"" PIM: IhIIMIIIIa ~~ ADDllc:atloD For PuIJlJr Reali. For PUn ~ 4114113 PUDZ-2003-AR-42S0 PROJECT #2003040037 DATE: 6/4/03 KAY DESELEM 83/25/2883 14:45 6595724 83/24/2883 22:29 43598B2 ADDRESSING FMi, It-«:: CF HAPLES PAGE 01 ~genda It m No. BC ~{, Oc IPØO082 ¡ I . a e 42 of 133 {)N t"" -------- - , A.DDR1JSSlNG C1JBCKUS'l' ' . Please complete the fbJlowjq !D!I BU1InIt 10 the AðdmsIiq Section for P-.eview. }foJ a11 i~ will IIJDty ~ . rrvery øroIeat. ~œms fA boJd. WIJ ant I'Ia1Iire4. , .1·14OI~tA1j~~~~- ?9-4' r ...L....t ,"\ .. I .. ~ 2. ~ ~~~ (~1rI, .....-.w»."''''''''- r-lIrtDo.... 3. Strcd IðdæIa or addtcIaIea CœllJ'.PlDøbla, f tdreo41 øripr4) i I .. 4. LøcatfOD .P, 1howiD¡ .-1ocIdœ otJnO.icot1lite ill roIatiOD to nearost pubUe 1'OI4,d¡1akd'-uay (GftaI $; Cow ofaurvey ~BD ONLY PŒ UNPLA'ITBD PROPBR.TIBS) .: . '- ~11'1~~~ ({nlfo .¡.Ppsaæ bis}-rfcJ.-sfflIt. 7.~--(f~ . .' II. :#7.9 ~. II 8. Site ~opm_Pla Number (FOR !XISTlNO PR~ ONLY) SDP_-' . 9: Pedtln1)pe - (Ccmpl_ a IIJ*'Ite AddraaiDI 01cddiIt 1Vr caøh Pøtitioa Type) SDP (Site Dm:JopmCDt PIøJ m. (P1ør1S A PJJt Rom....) SDPA (SDP .AmcaclmCllt) pap (Pn4Imimay SabctiftlåoÍ1 Plat) SDP1 (SDP InIubItantial Change) FP (P'tDa1 Plat) SIP (Site IJb.p¡OIl!lØlfØ P1Io) u..A (Lot LIDe AdjoItI:DIaQ SJPA (SIP .A.1IJeadment) BL (B1ut:1Ds PecmIf) . SNJl (Snet N... Qmgo). R.OW (Risht-of-WayPerJDlt) V~(V.. RemovaJ P~) BXP (1ÏiXoavatiOl1Paüt) Use Petmœ (V1IÍ.MICe, CoudidcmaJ U., VR.SPP (v.,. bDoYeJ &; Siœ PIU l'amit) BoItDoctBxt.,~~-) . o Other.. DIICtJ"be: 10. PJojœt III' deYdopD1CJ1 ume8 propoMd fbr, or akad)' app.àiøc iD. co.udombd11In'doaamsntI (Jl- .iapplicable; indicate ~othcr propOlCd or edl1iD¡) . tl.P1811CCbdcoœ:.g~~sto . Blat ÖPCl'lOllat1y,~Vø-Eß.t.Þ,__ ,... 12. Appl_tN~ ~. : PJ..m.4~~ 13. Slpatln on Addn:uing Check1iat does DOt to Project au4'oÏStre8t NIØ1t apJØVd a.cJ ill II1Ibjcat fiøfha'mieW,bythtAddreaIq Sa... . FoRBTmÚSEtiNLf, ., . r ... · PrimII)' NaInbc 4- z.. 4..\ .==r_ ~ . Addrcu Numba' .Approved by j)~ (11.0'4"",-- Date Q~ - ~5 -o~ r)ECE,~tD JlniMd 3..2 ¡.oJ P~~2003-~-4250 PROJECI' #2003040037 DATE: 6/4/03 KAYDESELEM .,..~~-_.~,.,,~. --... .¡, !lay 7 2003 15: 14 Agerr~J~em No. BC .." -~a.r October 12, 20<11002 , 2938496 01: 2'8rm:4~rr~ " ..'........11.'1&.."'.....,, " .' I'l/"""It fZ~_ _ .. ~.,.' , . . , ... . '.. fII.~. . . .1...' ", ....R f"~.· .... '..:_,J'.'" ·u-."·mfllt ....R~ 'J1ÐS JN$D(J)G!HJ'I'UP.AJæþ 8y: "'1.eDncIf . l!IhArda --.... u.ana H. GiIIIed. PA . 5.00T.... ~ø..__!JO 1Ioc:a..... ~ D4t6 . ~.~..... J.D.~ ¡p.c ....tIII... _. -.n_ 'W~DJ'.D nus 1N1>EN'rURJ3, it mad, daill c. 1<ø.v ~fcbruary,2002. ~ IDOlS sc::JIIAHo ~ AGNESSC8L\NO.·....."....(~.a.~:wboIc.....b 1751 eo..icaDrÞe. W.. .... DaIeII, FloricII 334J4-f~ ...s WAJDWAYS JOJN'l \'EN'nJIŒ IV. . ~ pøtIMnId, (die ~ .,., MdnSJ It 91<4 OIaIIdbpJds BoulennI,Haples, FIøridII, M12O. . I WITNJ:8SETJIc . \ n.taJd Grumr, bud ÌD 0CIItSidtntian or"II"- of1"eaMdNdl00DoPJ.ø (S10-00).lDdodw þDd..-ad Y&IwIbJe øoasåf.nliclh to IÚI GI'IIdor i.a IIaDd paid by laid Graatee, the reoeipt .me.coï.....,. ~~~~~~=~===:,:wr' nc Narda 112 otcbe South 112 ót~ ~ 1/4 oC~ Nor*- 1/4 oCSeoIioo 34, 1. TOMW1ip4' South,. Raop26 East, CoJIia'Coanty, FIorIcI., Jcøri¡htof-.y ofStdtRoecl ISL ~. TheLpd ø~ ~ propcrt)- _does DOt ~fO þ........ oldie Otaotor. SU8JBCTTO: 1. Coødiriaas. reariçc¡OÐIt~-........ttof~ (fuy. butdlÏ$pIIO'oisiolnbaU DOt....tu ~1he-..; 2. ~ord~aod~.__--'prohifJit.IoMlDdG)'~.~ by pImaI...... ~« IIId 3. 1CœI aod -wsSlDeDb fiJrtbc~2OCI2'" ~,..... ucI Šaid Orutardoa hcrebyfilUy wanaotdae tide to aakI Jaod. ud will defeA4 tbc..... apiast.... law6.1 oIaims ocaU.....~. ~ flIrfINøwy..4~""'.,...IIØtpøp) ~......... o_~ PUDZ-2oo3-AR-42S0 PROJECT #2003040037 DATE: 6/4103 KAYDESELEM . - -..--...- hy 7 2003 15: 15 Agendf Jun No. 8C &.A" vrru...~ Octo¡'er 12, 2004121o Page"14 of 133....03 1.1 0I:'Z987 PG: 3012 ttt IN wmœss WHEKEOF. (bntør1lU1ttnuDto _eJruW. bad Ißd .aI...,. aDd,.. fiøt ÜO¥e ..... STATEoPfLOItIDA ,) . cooNTŸ Of.J IHni ß ~ ;k:.1. -' ~ 91.: 1'bD ..... .......... was ~ bøfarc.o dais ''-I {~_ ofF....,. 2OCÞ. by I.GuIs ~.. As- ~~ husbud urJ -.rifò, 'Who dWldW aot1¡¡t; GlIb. c .;;;-:--= NOfAllY PUBIJC. StItB offlarida . '1· . PriIII~: € . SCott. SG},"'o~'" WUNESSSS: "" . ~~. ~~ . PdntN.... F--r« I/-.$;.'~ ~- .~£. -<1. ----..--- - PriøtN.-r._rf $';"jf ..sJ~' ,., . '. ,,- ., ~bøwa.. Q Procbød JI)- ~...,--- apIIa: ~ E......... ...-:;::.~ ~........-....... ,,,IIS . .¿-~~~ ~4¿~ SdIiMo .. u " . . ~ . ,.,. . 2 -- .. Agenda Item No. BC October 12,2004 Page 45 of 133 . INTRODUCTION This document presents civil engineering design assumptions, considerations and calculations for the conceptual proposed site water management inftastructure the Fire Station 73 PUD. The '. development property is located in the northeast half of Section 34, Township 48 South, and, Range 26 East, in Collier County, Florida. . The site encompasses 9.38 acres to the south of Hibiscus Village PUD. Five (5) aères of the 9.38 will be developed by the Golden Gate Fire Control & Rescue District - Fire Station 73, 3.88 acres by Waterways Joint Ventw'e IV and 0.50 acres will be used by Collier County for Collier Boulevard 6- laning improvements. See attached Exhibit. EXISTING CONDITIONS The site is bounded by Summit Place in Naples Phase 1 (Hibiscus Village PUD) to the north, undeveloped and agricultural parcels to the west and to the south, and Collier Boulevard (CR 951) to the east. The site has been permitted as a nursery (SDP AR # 3560) and is currently under construction. It is being cleared and the lake will be constructed under the above-mentioned permit.. The property is generally level, with elevations ranging from 9.0'to 13.6' N.G.V.D. The site is located in the Harvey Basin. According to the Harvey Basin Study the nm-ofI 1Ì"Om this area is designed to be accepted into the Island Walk water management system and ultimately discharge into the 1-75 canal. PROPOSED CONDITIONS A maximum of 16 residential dwelling units will be constructed on the west 3.88 acres plus. the Fire Station 73 facility on the east 5.00 acres of the site. The water management of the Fire Station 73 PUD will be designed as a part of the Summit Place . water management system (permit No ll-Q2107-P), interconnecting the lake located at the west side of the property with Lake 2 of Summit Place. The west lake in conjunction with the permitted system for Summit Place will attenuate the runoff of . both the Fire Station 73 PUD and the entire Summit Place project (102.79 acres Phase 1 and U). The combined system (Summit Place and Fire Station 73) will discharge into the Preserve area located to the west of Summit Place, as currently permitted, through a control structure designed to allow a maximum discharge ofO.OSS cfs/acre, under an event of3 day duration and 25 year ofretum frequency. In this case, the rainfall event for the design is 11.55 inches, in accordance with the Environmental Resource Permit Information Manual Volume IV. The system will also allow the developed outflow of 18.77 acres from the northeast side of Summit Place to pass through and discharge into the Preserve area on the west side of Summit Place. According to the Collier County Drainage Atlas, sheet 17, revision January 2002, and the Collier County Ordinance 90-10 as amended, the Fire Station 73 PUD site lays in the 1-75 Canal Basin. This parcel is also part of the Harvey Basin and it is expected to drain toward Island Wa1k. P:\2OO2'I02..o191.00 Pft SIåJn 73 PUD· ~ a-.nïn,\w.....~w... N......- Rcpon S4 plan ~.cIoc Page 3 L' Agenda Item No. BC October 12, 2004 Page 46 of 133 County Ordinance 90-10 as amended, the Fire Station 73 PUD site lays in the 1-75 Canal Basin. This parcel is also part of the Harvey Basin and it is expected to drain toward Island Walk. The proposed site development plan utilizes sheet flow to direct stormwater runoff into the internal water management areas. Upon satisfying any applicable pre-treatment water quality treatment requirements, stoImwater will enter into a system of catch basins and reinforced. concrete pipes that will direct flow into the on-site water management areas. '.. These facilities are intended to provide flood protection and storm water detention for water quality treatment. The 100 year 3 day rainfall event selected to determine the adequate finished floor elevation is 14.27 inches. The system assumes a control elevation at 12 NGVD due to the biological indicators, the topographical condition, the existing surrounding developments and the existing ERP permit 11-02107- P. The stage storage for the project is designed using this information and the land use breakdown. The proposed water management/storm drainage plan will incmporate best management practices inclucting water quality treatment facilities for stormwater treatment prior to discharge into the receiving waters and is consistent with the South Florida Water Management District permit criteria. All construction activities will employ best management practices limiting the potential for ¡x)J.lutant discharge in accordance with United States Environmental Protection Agency, National Polluwnt Discharge Elimination System. : p:~.o"I.00PnScoDon 13PUD- ~ a-iIo \w..~w.....~ IIqøt 54 pIoaS-23-03.doc Page 4 ", , " Agenda Item No, BC October 12,2004 Page 47 of 133 COLLIER COUNTY GOVERNMENT Community Development and EnvlroDlD.ental ServIœI Division Department of Zoning and Land Development Review 2800 North Horseshoe Drive · Naples, Florida 34104 December 8, 2003 Ms. Karen Bishop PMS of Naples, Inc. 2335 Tamiami Trail N, # 408 Naples, FL 34103 RE: GGFD STATION #73 POO, PUDZ-2003-AR-4250. Dear Ms. Bishop: In accordance with LDC Section 2.2.20.2.3, an application for a PUD rezoning win be considered closed if there has been no activity on the application for a period of six (6) months. This petition was accepted on June 4, 2003, and staffs review letter was sent to you on June 26, 2003, There has been no response from you regarding that review letter. Please be advised that the subject petition will be deemed withdrawn (closed) due to inactivity ifno action is taken by January 1,2004. An· application deemed closed may be re-opened by resubmitting a new application, repayment of all application fees and granting of a detennination of sufficiency. Further review of the project will be subject to the then current land development regulations and fee schedule. Should you have any questions, please contact me at 239-213-2931. ;;;~ Kß.r;&selem, AICP Principal Planner cc: Golden Gate Fire & Rescue, applicant 4741 Golden Gate Pkwy Naples, FL 34116 cc: via e-mail Susan Mmray, Current Planning Director Michael Sawyer, Landscape Reviewer Alan EJ'UrfaJi, Transportation David Weeks, Comprehensive Planning Steve Lenberger, Environmental Planning Linda Bedtelyon, Cmunty. Ping. Coordinator G:\Current\Deselcm\PUD Rezones\GG ~¡mct #73, PUDZ-2003-AR-42S0\leuers\time limit letter 12-B-03.doc C 0 I Ii. reo M " ~ :Y r_.. ,.......1"'1'\ LA? .£o¿,o ....-'...,'20' ""7 ?O,¡;;; ..,"'.., rn"i~ronv nl"t t- Agenda Item No. 8C 1£, LVV Page 48 of 133 '. PMS, Inc. of Naples Project Management Services December 22, 2003 Kay Deselem Collier County Department of Zoning & Land Development Review 2800 N. Horseshoe Drive '" Naples, FL 34104 RE: Golden Gate Fire Station PUD #73 - AR#4250 Dear Kay: We would like to extend our resubmittal date for the above referenced project for ano~r 30-45 days if possible. We are currently making changes to the transportation section " regarding our access and need more time to finalize these revisions and cannot make the December 29th 2003 due date. If you have any questions, please call me. St~~;:.t Jíad:c:tf7 ~¡lr~b- ~ Vice President 2335 Tamiemi Trail N., Suite 408, Nç1cs, FL 34103 / (239) 435-9080 x6/ Fax 435-9082 fEm.lI: jcnnifcrcllstillo@pmm8Ples.com ", '. ELIAs BROTHERS COMMUNITIes Agenda Item No. BC October 12, 2004 Page 49 of 133 March 25, 2004 Ms. Kay Deselem Collier County Current PJanning 2800 Horseshoe Drive North Naples, FL 34104 RE: Proposed CelllFIagpole Tower at the Golden Gate Fire Station, Collier Boulevard ,','. ',. . Dear Ms Deselem: Please accept this letter as confirmation that Elias Brother Communities at Pa1ermo Cove, Inc. has no objections to the location and COnstruction of a cell/flagpole tower located at the proposed fire station on Collier Boulevard. I If there are any questions regarding this matter please contact my office at your earliest convenience. ' ! j Sincerely, ~G?~ Gina R. Green, P.E. Director of Development Cc: Dwight Nadeau, RW A 2ND RE-SUBMITTAL PUDZ-2003-AR-4250 PROJECT # 2003040037 DATE: 5/512004 KAY DESELEM Elias Brothen COlDD1un1ties at Palermo Cove, IDe. GEORGE B. RICE State Certified CBC024156 CONTRACfORIVICE PRESIDENT 15100 ColliCl' Blvd, Naples, FL 34119 Telephone (239) 354-2080. Fax (239) 354-2611 .~~!t~ Agenda Item No. 8C October 12, 2004 Page 50 of 133 February 17,2004 RECEIVED FEB , ~ 200; - Ms. Kay Deselem Collier county Cmrent PlanTling 2800 Horseshoe Drive North Naples, FL 34104 RE: proposed Training Tower at the Golden Gate Fire Station, Collier Boulevard Dear Ms Deselem: Please accept this letter as confirmation that Elias Brother Communities at Palermo Cove, Inc. bas no objections to the location and construction of a fire station training tower located at the proposed fire station on Collier Boulevard. If there are any questions regarding this matter please contact my office at your earliest convenience. Þ;??~ Gina R. Green, P .E. Director of Development Cc: Karen Bishop, PMS Elias Brothen CommuDities at Palermo Cove, lae. GEORGE B. RICE State Certified CBC024156 CONTRACTORJVICE PRESIDENT 15100 CoUierBlvd., NapJes, FL 34119 Telephone (239) 354-2080· Fax (239) 354-2611 ....._-_..-----~--_._--_.- ,__._/n_ · f B4/86/2804 13:11 9543828855 --------------- WATERwAYS DEV Agenda Item No. BC October 1~4 82/62 Page 51 of 133 TelephoDe(239) 352-6610 SUMMIT PLACE AT NAPLES Waterways Joint Venture IV 1441 DavU. Street Naples, Florida 34120 FacaimtJe (239) 352-1460 '" '" April 6. 2004 Ms.. Kay Deselcm Collier County Current P1mming 2800 Horseshoe Drive North Nap]es, FL 34104 RE: Proposed CeJ1IFlagpolc Tower and Proposed Traitrlng Tower at Golden Gate Fire Station. Collier Boulevard Dear Ms. DcselCID: Please accept this letter as con1itmation that Waterways Joint Venture IV has no objections to the location and constnumon of a celllflagpoJe tower and a training tower located at the proposed fire station on Collier Boulevard. Ifthere a,n, any questions regarding this matter, please contact my office at your earüest convenience. Sincerely, Ri ave.nport Partner, Waterways ¡oint Venture IV. cc: Dwight Nadeau, RW ^ Inc. 2ND RE..sUBMITTAL PUDZ-2003-AR-4250 PROJECT # 2003040037 DATE: 5/512004 KAY DESELEM -----.. -"'- . ....- --" _"-'W -rOO rQ." """~\ØJ.~ tkJ "'tll <:Ibem P. 002 Agend.a,ltem No. 8C October 12, 2004 Page 52 of 133 .. ... GOI.DEN GATE FIRE CONTROL & RESCUE DISTFIICT 4741 GOLDEN GATE PARKWAY"NAPLES, FLORIDA 34116.ø901 (236') 455-2121· FAX (239) 455-7917 May 1, 2003 Karen Bishop Project Management Services 2335 N. Tamiami Trail Suite 400 Naples, R 34103 PUDZ-2003-AR-4250 PROJECf ##2003040037 DATE: 6/4/03 KAY DESELEM Ms. Bishop; In regards to the issue of the øced for 8. tiaining facility for the Golden Oate Fire Control and Rescue District located at the proposed North 951 site. This is a much- needed site to allow on duty personnel to conduct traiDing at a location within our boundaries and still allow our personnel to be available for emergency situations. The reasons fur locating the training site at our new Fire Station are that, primarily it allows the proper supervision of the :faciJity and to woJk in 8D orgøni7l'!:d manner to best suit oW'training needs. Having the site located at the North 951 station also gives us the avaiJability of conducting mutual aid training with the two most oónnnon agencies ofwhich we interact with. We currently receive mutual aid and automatic aid from the North Naples Fire Control District and the Big Corkscrew Island Fire Control District. We bave no common area in which to conduct jam training exercises. Tbe fire Districts are in need of a facility where these exercises can be performed in a controlled, supervised environment. Having the mcility located in our district and at that particu1at location also puts the facility where we wiJl have access to the classroom &rea of the admiI2istration buüding. Thus keeping the cost down to buM classrooms at a separate:rite. We will be able to hold classroom training and then proceed out to the training gro1.md to put the discussed training to practical use and then return to the classroom fur a critique oftbe procedures- We are in serious need of a facility that allows us to train but be where we can react when an emcrgeacy call is received. The proposed facility wiD be a muti-purpose building that allows several types of training for various types of stroctures. The training wiD be conducted for the most part dming normal business hours of 08:00am and sunset. The trašning envirollØKmt is a controlled clean tuning gas type that puts off no hazardous smoke that coukl a1fect the neighborhood surrounding the facility. There would be occasional n:quired mght drills that allow firefighters the opportunity ofworlcing in low light scenarios. These would be conducted with the surrounding area in mind and wou1d be noise conscious of --_.._- .....~--"'..,....~-- ~..- . ._.. ,«:, I ___ ,__ . _.. r ~O'~¿'Øo ~Idbam P. ØØ9 Agenda Item No. BC October 12, 2004 Page 53 of 133 our neighbors, and would conclude by 10:0Opm. This iàcility win allow us to enhance oW' skiDs and allow us to bring the oonmu1I1ity in to train with us in otlr.r prograins such as CERT ( Citizens Emergency Response Team ). CERT is a community-based program that puts the citizens ofGoJden Gate and Collier County in an opportuDity ofbeJping those who woukrneed to be assisted in the event we were deJayed during a IDIjor disaster. These people are a branch of om organization that in a time of need they fill a void till we arrive in emergencies such as a hurricane or møjor event that requires everyone's participation. In closing let me state that the GoJden Gate Fire Control and Røcœ District has been and wiD continue to be a community conscious organiBion. We want to be the people that the ciûuns of OoJden Gate can be proud o( and that we wiD be there fur our neighbors in 8DY situation. We are a proactive organi7Jit1on and ooderstand the needs of . om community and will continue to provide the best we can:fòr oW' citilJCDS. Thank you 91:f .~ nr- ':; ' . Octoöer 12, 2004 Page 54 of 133 PMS, Inc. of Naples Project Management Services June 18, 2004 ~EI'ÆD JUN l,8.4 Pl.ANMNG SERWD ŒPJ.IÙII8(T Kay Deselem Collier County Planning 2800 N. Horseshoe Drive Naples, FL 34104 RE: GGFD #73 PUDZ-2003-AR-4250 Dear Kay: Per electronic correspondence on June 9,2004, you requested some further explanations regarding the proposed fire tower use. We hope the following answers your concerns. " The days of operation can be any day including Sunday and the hours of operation normally would be between 0800 to 2200 hours. However, it is possible that some use I . i will be outside this time block due to training instructors and equipment availability. 'I I The training tower may be used by other stations to train new employees. They can have, as an example, three new employees using it for a week or they can go for a month without any use. Also, the Sheriffs office may use it for rope training skills, forcible entry, etc. The EMS may use it to practice moving patients up and down stairs. So it really is a daily change depending upon the subject and the current agency that needs it. Outside vehicles, due to space limits, would be parked in the parking lot and used only as needed. However, another agency's vehicle could be used if ours was out of service or on calls. As to your inquiry regarding loudspeakers use, yes some training will require the use of one. At this time, design has not been completed on the tower, but at this point there is no outside lighting attached to the tower. As to the noise types, there will be several different types since all governmental agencies will have access to this training tower. There should be no external impacts from water spmy etc. since we are proposing a berm. Being that it is a training area, training is intended for people to learn and demonstrate proper use of equipment and the safe operations for an emergency scene. The primary goal of any training facility is to provide training at a site that does not adversely impact normal daily opemtions. This tower is intended to help all agencies in 233S Tniami Trail N., Suite 408, Nøples. FL 34103/ (239) 435-9010 x6/ FIX 43S-9082lEmail: jcnnifercastillo@pmsaaples.c:om ~--- ~ t PMS, Inc. of Naples Project Management Services their duties to help citizens in need. Not being able to train at this location will cause a sever hardship on the district. We hope that all your questions have been answered regarding the training tower use; If not, please call us with concerns or questions you may have. Sincerely, Jennifer Castillo Vice President 2335 TlD'lilD'li Tnil N., Suite 408, Naples, FL 34103 / (239) 435-9080 x6/ FIIJI 435-90821Emai1: jcnnifercutillo@plllSllllplc:s.com March 18, 2004 Agenda Item No. BC October 12, 2004 ~_II CH~1l3LEE r - ARCHITECTS. INC. _ ;¡¡¡¡ E! II = 6296 ~ Cot..rt =-=-= - - Suite AlO'1. ---;~=-- Fort Myeß, Ronda 33919 . Golden Gate Fire Station No. 73 Architect's Project #20201 PRELIMINARY DESIGN AREA CALCULATIONS: For Plans Dated 03/18/04. Central Administration Headquaters - Job 20201-A Overall Air Conditioned Space: Non-AlC Space: Covered Entry & Patio 12,380 Square Feet "I 1,118 Square Feet Total = 13,498 Square Feet! \ Fire Station - Job 2020l-B First Floor Level: Overall Air Conditioned Space: 7,249 Square Feet Nón"A!C Space: 7 ,835 Square Feet (Covered Entries = 359 SF) (Apparatus Bay, Stairs, Generator ROQ.m. Etc. = 7.476 SF) Total = 15,084 Square Feet Second Floor Level: Air Conditioned Space: .... 2.038 Souare Feet Total = 2,038 Square Feet Total Building Area (of Fire Station): Total Air Conditioned Space: Total Non AlC Space: -Total Building Area 9,287 Square Feet 7.835 Square Feet 17,122 Square Feet 2ND RE-SUBMITTAL P~2r2003-ÂlR-4250 PROJECT # 2003040037 DATE: 5/512004 KAY DESELEM --~",,,. -- # Golden Gate Central Administration Headquarten Job 20201-A March 18, 2004 Agenda Item No. BC October 12, 2004 ~ .-. CH~f Jt3ßEE .... - AR~ IN<;. == ¡¡¡¡¡¡ == = = 6296 Cortxnœ Cocn - -=-== St.iœA2Q2 - -- --;-'~ - Fort ~ Flenda 3»19 Occupant Load (for means of egress): First Level: Business Conference Halls & Bathrooms Total persons 7,942 SF 1 100 SF 1 person = 80 persons 3,313 SFI 15 SF 1 person = 221 persons 1.125 SF 1100 SF 1 oerson = 12 oersons 313 persons Per Table 1004 in Florida Building Code, Section 1003.3.3, the egress width per person served (in.) = 0.2 for "level": Total egress width required = 313xO.2 == 62.6 inches Per Florida Bu ilding Code, Section ] 0 19. ].1 - If 50% (half) is required to exit thru front doors then: 62.6"+2 = 31.3 inches · With (I) 3'-0" Door == 36" - I 3/4" == 34.25" clear which meets requirement. · We have (2) 3'-0" Doors == 72" - ] 3/4 - 1 3/4" = 68.5. " -'-- ___u_ ____ . _ __ _ "_"___'W Golden Gate Central Administration Headquaters Job 10201-A March 18, 1004 Agenda Item No. 8C ~II ~ctober12~O°iæ .... AROi~ .& = s;¡¡¡¡ = II 6296 Corr:IonIœ Cowt =-=-= =-- s...ïœ A7d1. ~~- Fort M)eB. FIonda 33919 '...< Occupant Load (for min. No. of Plumbing Fixtures): First Level: Business Conference Halls & Bathrooms . Total persons on First Level 7,942 SF /100 SF I person - 80 persons 3,').13 SFI 15 SF I person =221 persons L125 SF 1100 SF I Derson = 12oersons 313 persons Number or Plumbing Fixtures Required: Table 403.1 Minimum Number of Plumbing Facilities Occupancy: Business = 80 Persons W.C. MalelFemale 1/50 Lavs. MaleIF emale 1/80 D.F. ~ 11100 Required: 2 Proposed: 3 3 2 (l RC.) Occupancy: Conference Room (Small Assembly) -112 Persons W.C. Lavs. M F 1/125 1/65 11200 Required: 1 2 2 Proposed: 2 W,C. +3 UR. 2 4 .QL ~ 1/500 1 2 (l H.C.) Assuming half of 296 male & half female (11125 for III =.-\) & (1/65 for III '"" 2) ~genda Item No. BC . CODE CONFORMANCE DA TA (ADMINISTRATION BUILDINC;lto'òer 12,2004 !"'age 59 of 133 PER 200 f FLORIDA BUILDING CODE BUILDING .AREA.: BUSINESS OCCUPANCY AREA = 8.713 SQUARE FE£T GROSS UNDER ROOF ASSEMBL Y OCCUPANCY AREA = 4.785 SOUARE FEET GROSS UN.DER ROOf TOTAL BUILDING AREA ... 13,498 SQUARE FEIT GROSS UNDER ROOF MIXED USE OCCUPANCY CLASSIFICA TIONS (PER SECTION 303l¡ "PRINCIPAL" USE CLASSIFlCA TlON: BUSINESS OCCUPANCY - GROUP B (PER SECTION 305. 1) SECONDARY USE ClASSIFICATION: ASSEMBLY OCCUPANCY - GROUP A-2 (PER SECTION 304.2.1), SMALL ASSEMBLY WITHOUT WORKING STAGE ALLOWABLE HEIGHTS A.ND AREAS (PER 2001 FEe TABLE SOO), (CALCULATIONS BASED ON "PRINCIPAL" OCCUPANCY - BUSINESS) TYPE OF CONSTRUCTION: TYPE N CONSTRUCTION (SECTION 606) UNPROTECTED / SPRINKLERED PER NFPA 13 MAXIMUM HEIGHT ALLOWED: 55'-0" HEIGHT PROPOSED: +/- 25'-5" TO TOP OF MITAL BARREL ROOF MAXIMUM NUMBER OF STORIES ALLOWED: 5 STORIES PROPOSED: 7 STORY MAXIMUM AREA ALLOWED: 24,000 S.F. PER STORY (ONE STORY ONLY) MAXIMUM AREA PROPOSED: 13.498 SQUARE FEET FIRE PROTECTION REQUIREMENTS (PER 2001 FBC TABLE 600 ): SCENARIO: TYPE N UNPROTECTED / SPRINKLERED CONSTRUCTION ELEMENT REQUIRED PARTY AND FIRE 4 HR. WALLS INTERIOR BFARING NC WALLS INTERIOR NONBE:ARING SEE 609.2, 704. 1, WALLS 704.2 AND 705.2 COLUMNS NC BEAMS, GIRDERS NC &- TRUSSES " FLOOR/CEILING NC ROOF/CEILING NC EXTERIOR BEARING WALLS NC(20X) (OVER 10-20 FT.) -. EXTERIOR BEARING WALLS NC(40%) (OVER 20-30 FT.) EXTERIOR BEARING WALLS NC(NL) (OVER 30 FT.) EXTERIOR NONBEARING NC(20X) WALLS (OVER 30 FT.) EXTERIOR NON8Q.RING NC(40X) WALLS (OVER 30 FT.) EXTERIOR NONBQ.RING NC(NL) WALLS (OVER 30 FT.) PROPOSED N/A 8" CONCR£T£ MASONRY UNITS CONCR£rE AND STEEL COLUMNS CONCR£T£ AND STEEL BEAMS N/A PRE -ENGINEERED STEEL JOISTS 8" &- 12" CONCRETE MASONRY UNITS DOORS AND FIXED GlASS WINDOWS 8" ct: 12" CONCRETE MASONRY UNITS DOORS AND FIXED GlASS WINDOWS 8" ct: 12" CONCRETE MASONRY UNITS PANELS AND FIXED GLASS WINDOWS 8" &- 12" CONCR£rE MASONRY UNITS DOORS AND FIXED GlASS WINDOWS 8" &- 12" CONCR£rE MASONRY UNITS DOORS AND FIXED GLASS WINDOWS 8" ct: 12" CONCRETE MASONRY UNITS DOORS AND FIXED GlASS WINDOWS ') ..q (") )0(") ,0'- ON..... Z .0 N E"-O ...c.D .$Q.)Q.) -.DO'> roOro -0(30.. ~O 0'> <1: !" ...--~ -.---.,.>" ... ... ... ::.. ..:¡ .... .... 'I: ... .... Þ) 1'0. ~,DIm ~ ~ ~, "II: C'tj l:'- . :@ ~ o .~ ~""II Ö S ~S V)k. ;...; ~ § .~ 8 ~~ 3 8 o ~ C\) ~ ö c.b ~ C\) "Ö .......,;¡ o c..') ~ o .... t-. .... t-. tI1 i I . i ì , j j ¡ I W . .c_ . wU .¡~ \ ...JZ' r.; ~ ~ _ ~ r.:It . ....E _<i ; 0::: HI : t..aJ ~! ïc : if ¡.¡J ~¡;:;. ! f2t: ~~~ , tn:I: S ~ r. I ë2~ ~~¡ 0< It¡: I'oQ 'I: ... It., " .'~~r,lr -;;:OFI",,¡\il ..:.:.r- J.....\.:·;...d :'-T.JF' ==UjJL~\ ':?. ~}:'; S."..' [I'I> I :,H11D· , ~ - uvC') ~o(") ~o.... O":õ ZN.... E"-tO ( )'-( ) == J5 OJ room "Dt)CL ájo 0) « " ~ ~ a::¡ " ~ Daå CV) t--... 1'1) ~ c ... ~ ~ ~ ~ 04 ~ . ~ ~ ',0 .~ ~~ Ö ii: ~~ V)r.. >-: ~ § ~ c .~ u ~~ :j Q¡) 8 ~ d ~ ~ ~ '1:3 ~ o c..) ~ ~ ~ ~ "I ! ::) , O>~ ~ ~ : i :z:: ~ ~ ... ~ "I ~ ~ 1'1) ... ~ ... ~ ~ "I \ '¢ C'? OC'? .0...... ON- Z - 0 N E..-N eDt-tO ...-Q)( ) -.001 roO(\) -gÜCL eDO J: Cf ~ <:::I ... e.- o-.: ::.. ~ >4 ~ CO) b ~~ . ~ ~ .. ~ !; ~ cY) z:-..,.. ~ ~ o .~ -t-.:I~ Ö ~ -t-.:IS Ct)r... .~ ~i >-: ~ § .~ 8 ~~ ~~ -t-.:I Ö ~ ~ ~ '"Ö ~ o ~ ~ <:::I ... ... ""C ... Cf . I r I ! ¡ tw·.' f ~~ ~iš i -;- ~~9 i a::t;cñi;¡1 I w ';'Ð I:t: ~ 11. Q,.~ ..t~ ! Pt: I,.!~ s tñ ~g I ë2~ "~e : õ<n~ i ¡ '. -,., : i - '.' ~ I ~aD ~ pi!llllIIJi I~ ~U' ~ ./ .,. Agenda Item No. BC October 12, 2004 Page 63 of 133 STATEMENT OF UTILITY PROVISIONS FORPUD REZONE REOUEST 1. NAME OF APPLICANT: 2 . MAILING ADDRESS: CITY STATE ZIP 3. ADDRESS OF SUBJECT PROPERTY:.QF AVAILABLE): Generallv. 14625 Collier Boulevard. The prooosed project site is generallv located on the west side of Collier Boulevard (C.R 951), aooroximatelv ~ mile north· of W oIfe Road. in Section 34. TownshiD 48 South. Ranlle 26 East. Collier Countv. Florida. 4. LEGAL DESCRIPTION: " " Section: 34 Township: 48 South Range: 26 East Lot: 'I i Block: Subdivision: PIat Book Page #: Property ID.#: 00203960002 Metes & Bounds Description: Ii )'1 :. s. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): II. COUNTY UTll..ITY SYSTEM rg¡ b. CITY UTILITY SYSTEM 0 " c. FRANCHISED UTILITY SYSTEM 0 PROVIDE NAME d. PACKAGE TREATMENT PLANT 0 (GPD capacity) e. SEPTIC SYSTEM D. 6. TYPE OF WATER SERVICE TO BE PROVIDED: II. COUNTY UTILITY SYSTEM 181 b. CITY UTILITY SYSTEM 0 c. FRANCHISED UTILITY SYSTEM 0 PROVIDE NAME d. PRIVATE SYSTEM (WELL) 0 7. TOTAL POPULATION TO BE SERVED: 52 Note: This figure represents 16 residential units and a Dublic facility that will be located within the Droposed "mixed-use" Fire Station 73 PUD. PODulation breakdown is estimated as follows: Fire Station 73 PUD - Residential: Fire Station: 16 Units x 2 = 32 Population 20 Pqpulation 52 Total Population PUDZ-2003-AR4250 PROJECT #2003040037· DATE: 6/4/03 KAY DESELEM --. .. Agenda Item No. BC October 12, 2004 Page 64 of 133 B. PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK,U2.. GPM AVERAGE DAILY 4.896 GPD lFirestati.on) Note: The 'Public facility land use located within the Fire Station 73 PUD will be served via a connection to a Dotable water main located within the Collier Boulevard R.O.W. .. WATER-PEAK3.4 GPM AVERAGE DAILY 5.760 GPD (Residential) Note: The 16 residential units located within the Fire Station 73 PUD will be served ftom the Hibiscus Villasze PUD. B. SEWER-PEAK3.81 ÇJPM AVERAGEDAILY21.312GPD Note: 2.5 Peak Factor, and sewer demand is 80% of. water deD1aJld . Note: The 16 residential units AND the public facility located within the Fire Station 73 PUD will be served from the Hibiscus Villa2e PUD. 9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: 10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and ccrt:ifi.ed by a professional engineer. 11. COLLIER COUNTY UTll.JTY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. 12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, ü 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. Udllty ProvlalOD StatemeDt1UM 10117/97 .. .. - .-.,~'-.--..,- Agenda Item No. BC October 12. 2004 Page 65 of 133 PUDZ-2003-AR-4250 PROJECf #2003040037 DATE: 6/4/03 KAYDESELEM FIRE STATION 73 PUD Conceptual Water 'Management Report Prepared for: Waterways Joint Venture IV 914 Grand Rapids Blvd. Naples, Florida 34120 & Golden Gate Fire Control & Rescue District 4741 Golden Gate Parkway Golden Gate, Florida 34116 - --... -_. -_.. Prepared by: nWTAn«o CONSULTING ..... '- y Y.L ..... · Rf\gineas · Surveyors & Mappers · Planners · Project Managers 3050 North Horseshoe Drive Suite 270 Naples, FL 34104 Apri12003 Prepared by: Checked by: , , , I q 'I I. hr ,/'),,-/". , ·{O> L/S¡~ ~ . ----..-----._------ Agenda Item No. BC October 12, 2004 Page 66 of 133 TABLE OF CONTENTS SECTION I - INTRODUCTION AND OVERVIEW Page · Introduction 3 · Existing Conditions 3 · Proposed Conditions 3-4 EXHIBITS · Conceptual W9ier Management Plan r:\2IDIIZIID-Ol'1.00,...... 7J PUD- ~ ~w_ .......,-IW_~~$4p1011 S4S-OI.doc Pap 2 .--.---.---".-- - ~"----'^-' Agenda Item No. BC October 12, 2004 Page 67 of 133 INTRODUCTION This document presents civil engineering design assumptions, considerations and calculations for thc conceptual proposed site water management Ï.nfi"astructure the Fire Station 73 PUD. The. . development property is located in the northeast half of Section 34, Township 48 South, and Range 26 East, in Collier County, Florida. The site encompasses 9.38 acres to the south of Hibiscus Village PUD. Five (5) acres of the 9.38 will be developed by the Golden Gate Fire Control & Rescue District - Fire Station 73, 3.88 acres by Waterways Joint Venture IV and 0.50 acres will be used by Collier County for Collier Boulevard 6- laning improvements. See attached Exhibit. EXISTING CONDmONS The site is bounded by Summit Place in Naples Phase I (Hibiscus Village PUD)to the north, undeveloped and agricultural parcels to the west and to the south, and Collier Boulevard (CR 951) to the east. The sitc has been permitted as a nursery (SDP AR # 3560) and is currently under construction. It is being cleared and the lake will be constructed under thc above-mentioried permit. The property is generally level, with elevations ranging:&om 9.0'to 13.6' N.G.V.D. The site is located in the Harvey Basin. According to the Harvey Basin Study the run-otI fÌ'om this area is designed to be accepted into the Island Wa1k: water management system and ultimately discharge into the 1-75 canal. PROPOSED CONDmONS A maximum of 16 residential dwelling units will be constructed on the west 3.88 acres plus the Fire Station 73 facility on the east 5.00 acres of the site. The water management oithe Fire Station 73 PUD will be designed as a part of the Summit Place water management system (permit No 11-02107-P), interconnecting the lake located at the west side of the property with Lake 2 of Summit Place. The west lake in conjunction with the permitted system for Summit Place will attenuate the runoff of both the Fire Station 73 PUD and the entire Summit Place project (102.79 acres Phase I and ll). The combined system (Summit Place and Fire Station 73) will discharge into the Preserve area located to the west of Summit Place, as currently permi~ through a control structure designed to alIow a maximum discharge of 0.055 cfs/acre, under an event of3 day duration and 25 year ofretum frequency. In this case, the rainfall event for the design is 11.55 inches, in accordance with the Environmental Resource Permit Information Manual Volume IV. The system will also allow the developed outflow of 18.77 acres ftom the northeast side of Summit Place to pass through and discharge into the Preserve area on the west side of Summit Place.. According to the Collier County Drainage Atlas, sheet 17, revision January 2002, and the Collier County Ordinance 90-10 as amended, the Fire Station 73 PUD site lays in the 1-75 Canal Basin. This parcel is also part of the Harvey Basin and it is expected to drain toward Island Walk:. P:12OO2\IQ.4191.00 _ _73 ftJD - ____ ~w... ! ._lAW... "'-- __,...... 5-a-QJ..... Page 3 ~--_.._-,_.~,. Agenda Item No. 8C October 12, 2004 Page 68 of 133 f' County Ordinance 90-10 as amended, the Fire Station 73 PUD site lays in the 1-75 Canal Basin. This parcel is also part of the Harvey Basin and it is expected to drain toward Island Walk. The proposed site development plan utilizes sheet flow to direct stormwater nmoff into the internal water management aI'C8S. Upon satisfying any applicable pre-treatment water quality treatment requirements, storInwatCI' will enter into a system of catch basins and reinforced concrete pipes that will direct flow into the on-site water management areas. 't..'. These facilities are intended to provide flood proteCtion and storm water detention for water quality treatment. The 100 year 3 day rainfall event selected to determine the adequate finished floor elevation is 14.27 inches. The, system assumes a control elevation at 12 NGVD due to the biological indicators, the topographical condition, the existfug surrounding developments and the existing ERP permit ll-02107-P. The stage storage for the project is designed using this information and the land use breakdown. The proposed water management/storm drainage plan will incorporate best management pracdces including water quality treatment facilities for stormwater treatment prior to discharge into the receiving waters and is consistent with the South Florida Water Management District permit criteria. All construction activities will employ best management practices limiting the potential for ~utant discharge in accordance with United States Environmental Protection Agency, National POllu1þt Discharge Elimination System. \ ~1'1.1IO""'~73pUD.J.-.iJIiIOOO2~W_---^W_~~SI"~'- pege 4 ü'<;t roO o ON z- N E"- CV.... _cv -.0 roo -0- CÜ cvO 0) « ---- --- ---.................--- ....~~~~ JfJì\n ~.JN;lIV;l'MNW.l;lAooJM 'M1JJD'tt7.)~ _ tI7d 'L NOIJ.VJ~ t1D.7 mg,U7.UNfZ):tIIJ3M7 - "",""::;: /II ~.JNCrSol~ _ _ .. ~ fIIInII _wu_ - -- - ~ - ...- - ..----.----..------... -..-..- ~ 10.1 .-r cø.- IIW ......,.1!1!"_ ___ - -- --- . ~ aau.ø ...... fell .,) - (101' U ,1 ,) '" . . '" ., ~ IUUL .....-r r-'" _ _ _ _ ---t:::= -- ---==-~-==---=, i L... Io.J '" ~ I '" I II I I r-¡-r .. I .. I I II I '" I '\ I I '" Z <C ..J a. I- Z OW ::):E . a. 111 CJ ('I)CC ·r--z zCC O:E -a: I-W C:(.... I-CC (I)~ Q LL...I CJcc CJ:J I- a. W o Z o o '\ þ I '" III '" ,- dla II 'i '" '\ \ '\ '" I lis /.. I j I , I I I ~I -, I I It " '\ I I I ! if , I I I '" ~ '" I ø I .. ~ '" .. '" n "'", .. CD '" .-c&U\M. .- -1-- '" -- -==-.--:.~===-~: ... I . I I . I ~ I ~ I ! . I I I . I II ~ . . Agenda Item No. 8C October 12, 2004 Page 70 of 133 ( July 29, 2004 GGFD Station 73 MPUD, PUDZ-2003-AR-4250 List of Deviations Deviation #1 seeks relief from LDC Section 3.3 to exempt multi-family/townhouse buildings, intended to be sold in a fee simple manner, including each individual lot, from the Site Development Plan (SOP) process. This deviation is appropriate given the duplicative processes the LDC could require for this unique residential product. The purpose of the SOP process and subdivision process is to ensure compliance with the appropriate land development regulations, and consistency with the County's Growth Management Plan. Given this project will be required to pursue a subdivision plat as set forth in Division 3.2 of the Collier County Land Development Code, as stated in Section 2.5.C. of the RPUD document, reviews for compliance with the LDC and consistency with the GMP is assured. 2.5.C. The provisions of Division 3.3 of the Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division prior to the issuance of a building permit or other development order, except in the case in which individual residential units within a multi-unit building will be conveyed in a fee simple manner. Deviation from Division 3.3 of the Land Development Code. Deviation #2 seeks relief from LDC Section 2.4.7.2 which requires a type "A" buffer between the proposed Summit Place RPUD and this project, to allow this project to provide trees that would be required as a part of that buffer will be provided north ofthe common PUD boundary, in Summit Place, as a part of the landscaping for the residential unit, with some flexibility for number of trees and spacing based on driveway locations. The land use buffering intent of the LDC will be satisfied with the perimeter landscape buffer and nature preserve on the south boundary of Tract "R" in the GGFD Station 73 PUD. Stated in the PUD Document as: 6.9.B. No buffer is required along the northerly property boundary of Tract R, where the proposed project abuts the developing subdivision to the north (Summit Place}= However, the trees that would be required as a part of that buffer will be provided north of the common PUD boundary, in Summit Place, as a part of the landscaping for the residential unit, with some flexibility for number of trees and spacing based on driveway locations. The land use buffering intent of the LDC will be satisfied with the perimeter landscape buffer and nature preserve on the south boundary of Tract "R" in the GGFD Station 73 PUD. Deviation #3 seeks relief from LDC Section 2.4.4.18., that requires a 5-foot setback from a property line for the toe of slope, when the proposed berm is greater than two feet in height, to allow: C\AdLib eXpress\WorklradlAA6F.tmp.doc Agenda Item No. BC October 12,2004 Page 71 of 133 a) A bermed landscaped buffer between Tracts R CF within this project, as illustrated in Cross-section H-H on the Master Plan; and b) A bermed landscaped buffer between the CF tract and the project to the north (Summit Place) as illustrated in Cross-section G-G on the Master Plan; and c) A bermed landscaped buffer between the common property/tract boundary of the Residential tract (Tract R) within this project and the property to the west (the proposed Palermo Cove RPUD), as illustrated in cross-section B-B on the Master Plan; and d) A bermed landscaped buffer along this project's southern boundary as illustrated in cross-section E¡-El, and E2-E2 on the Master Plan. Stated in the PUD Document as: 6.9.C. No toe of slope setback is required from the common property/tract boundary of the Residential tract (Tract R), and the Community Facilities tract (Tract CF). A berm ed, landscaped, buffer will be installed between, and bridging that common boundary. Cross-section H-H on Sheet 5 of 5 of the Master Plan Set illustrates this common buffer. 6.9.D. No toe of slope setback is required between the common property/tract boundary of the Community Facilities tract (Tract CF), and the property boundary of the developing Summit Place subdivision. A bermed, landscaped, buffer will be installed between, and bridging that common boundary. Cross-sections G--G, on Sheet 5 of 5 of the Master Plan Set illustrates this common buffer. 6.9.E. No toe of slope setback is required from the common property/tract boundary of the Residential tract (Tract R) within this project and the property to the west (the proposed Palermo Cove RPUD). A bermed, landscaped, buffer will be installed between, and bridging that common boundary. Cross-section B-B on Sheet 5 of 5 of the Master Plan Set illustrates this common buffer. 6.9.F. No toe of slope setback is required from the common property/tract boundary of the Residential tract (Tract R) and the Community Facilities tract (Tract CF) within this project and the property to the south (the proposed water management site for the County Road 95 I improvements). A bermed, landscaped, buffer will be installed between, and bridging that common boundary. Cross-sections E¡-E], and E2-E2 on Sheet 5 of 5 of the Master Plan Set illustrates this common buffer. Deviation #4 seeks relief from LDC Section 2.6.11.4.2., that requires the developer to install a masonry wall or prefabricated concrete wall/fence to separate: a) the Residential Tract "R" and the Community Facility Tract "CF" within this project, and b) the Community Facility Tract "CF" within this project and the Summit Place In Naples PUD to the north, instead the developer must provide a 40-50 foot wide Type "c" buffer area that is no less than 3-5 feet high as shown on Sheet 3 Of 5, the Conceptual Water 2 C\AdLlb eXpress\ Work\rad lAA6F.tmp.doc Agenda Item No. BC October 12, 2004 Page 72 of 133 Management and as depicted in Cross Sections G-G and H-H. A double row hedge must be incorporated into the Type "C" buffer design and installation. Stated in the PUD Document as: 6.9.G. No masonry wall, or prefabricated concrete wall/fence is required between the Residential Tract "R", and the Community Facility Tract "CF" in the proposed PUD, nor will a similar wall/fence be installed between the Community Facility Tract "CF" in the proposed PUD and the Residential Tract "R" in the Summit Place In Naples Phase I subdivision to the north. Instead the developer must provide a 40-50 foot wide Type "c" buffer area that is no less than 3-5 feet high as shown on Sheet 3 Of 5, the Conceptual Water Management Plan. Deviation #5 seeks relief from LDC Section 2.8.3.1.4., that requires no more than 50% of the off-street parking for the entire commercial building or project shall be located between any primary facade of the commercial building or project and the abutting street or navigable waterway. As a portion of the project will be used as a fire station with acceptable accessory uses, and in light of concerns pertaining to Homeland Security this project recognizes that allowing parking in areas that cannot be easily monitored could result in safety issues. Instead the parking would be provided as indicated on the conceptual master plan. Stated in the PUD Document as: 5.4.E More than 50% of the parking may be located between the primary facades and Collier Boulevard. Deviation #7 from Section 2.8.3.1.4 related to a requirement to provide no more than 50% of the off-street parking for the entire commercial building or project shall be located between any primary facade of the commercial building or project and the abutting street or navigable waterway. Note: The deviations from LDC Sections 3.5.7.2., and 2.6.35.6.6.2., previously identified as Deviations #2 and #3 in the June 21, 2004 re-submittal package have been withdrawn by the petitioner. 3 C:\AdLib eXpress\ Work\rad 1 AA6F.tmpdoc -".----.'.-- GGFD Station 73 A MIXED-USE PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNlNG TI-Œ GGFD STATION 73 PUD A MIXED- USE PLANNED UNIT DEVELOPMENT PURSUANT TO THE COLLIER COUNTY LAND DEVELOPMENT CODE (LDC) PREPARED FOR: Golden Gate Fire Control & Rescue District 474] Golden Gate Parkway Naples, Florida 34]]6 And Waterways Joint Venture IV 14627 Collier Blvd Naples, FL 34] ] 9 PREPARED By: RWA Inc. 3050 N. Horseshoe Drive, #270 Naples, FL 34104. And PMS, Inc. of Naples 2335 N. Tamiami Trail Suite 408 Naples, FL 34] 03. And Goodlette, Coleman & Johnson, P.A. 400] N. Tamiami Trail Suite 300 Naples, FL 34]03. DATE REVIEWED BY CCPC DA TE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS & REPEAL "EXHIB]T A" C:\AdLib eXpress\ Work\radI429C:tmp.doc - I - Agenda Item No. BC October 12. 2004 Page 73 of 133 TABLE OF CONTENTS LIST OF EXHIBITS AND TABLES STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP AND DESCRIPTION SECTION II PROJECT DEVELOPMENT REQUIREMENTS SECTION III RESIDENTIAL AREAS PLAN SECTION IV PRESERVE AREAS SECTION V COMMUNITY SERVICES FACILITIES AREA PLAN SECTION VI DEVELOPMENT COMMITMENTS - 2- C:\AdLib eXpress\Work\rad I 429C:tmp doc Agenda Itern No. 8C October 12,2004 Page 74 of 133 Page 3 Page 4 Pages 5-7 Pages 8-11 Pages 12-14 Page 15 Pages 1 6-17 Pages 18-23 --~-- Agenda Item No. BC October 12, 2004 Page 75 of 133 LIST OF EXHIBITS AND TABLES EXHIBIT "A" PUD MASTER PLAN APPENDIX "A" TYPICAL CROSS-SECTIONS APPENDIX "B" CONCEPTUAL WATER MANGEMENT PLAN EXHIBIT "B" BOUNDARY SURVEY EXHIBIT "c" VICINITY MAP EXHIBIT "0" PUBLIC FACILITIES MAP TABLE I PROJECT LAND USE TRACTS Page 9 TABLE II DEVELOPMENT STANDARDS Page 13 C:\AdLib eXpress\Work\radI 429C:tmp.doc - 3- Agenda Item No. BC October 12, 2004 Page 76 of 133 ST A TEMENT OF COMPLIANCE The GGFD Station 73 Planned Unit Development (PUD) consists of +/- 9.4 acres of land located on the western side of Collier Blvd., approximately 31. miles north of Vanderbilt Beach Road, in Collier County, Fiorida. The development of this Project will be in compliance with the planning goals and objectives of Collier County as set forth in the County's Growth Management Plan (GMP). This compliance includes: I, The subject property for development is within the Urban Mixed Use District/Urban Residential Sub- district as identified on the Future Land Use Map as provided for in Objective I of the Future Land Use Element (FLUE), and the uses contemplated are consistent therewith. The Urban Residential designation includes both residential and nonresidential land uses and would appropriately include the community services facilities type of development. 2. The project development is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 3. The project development will result in an efficient and economical extension of Essential Services as required in Policies 3.1.g of the FLUE. 4. The project is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as required by Objective 1.5 of the Drainage Sub-element of the Public Facilities Element. S. The site is designated Urban Mixed-Use District, Urban Residential Sub-district, on the Future Land Use Map, which allows for a base residential density of four units per gross acre. The Project development allows a maximum of 16 dwelling units on 4 acres for the Residential Tract, including the Preserve located in the Community Facilities Tract. The Community Services Facilities Tract is approximately 5.4acres with approximately 10,000 square feet per acre of Public Facility land uses, The project density complies with the Density Rating System of the FLUE of the GMP. 6. The project meets the intent of the Urban Residential Sub-district of the FLUE in that all the proposed uses and development standards comply with guidelines as set forth in the FLUE. 7. All final local development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance. 8. The Master Pian, with its natural area, lake and open space areas, and with its moderate residential density, will insure that the developed project will be an attractive and enjoyable residential development as well as provide certain types of Essential Services necessary for this area. 9. By virtue that the project must comply with the provisions of Division 3.15 of the LDC, it will implement and further Objective 8 of the Transportation Element. -4- C:\AdLib eXpress\ Work\rad 1429C:tmpdoc "--- Agenda Item No. BC October 12, 2004 Page 77 of 133 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION J.l 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 the GGFD Station 73 PUD. 1.2 LEGAL DESCRIPTION The subject property being +/- 9.4 acres, is located in Section 34, Township 48 South, Range 26 East, and is fully described as: The Golden Gate Fire Control & Rescue District Parcel and ROW: Commencing at the East 1/4 corner of section 34 Township 48 South Range 26 East. Thence North 2°15'04" West along the East line of the Northeast Y.. of said Section 34 for 334.80 feet. Thence leaving said Y.. line N.89°52'17"W., a distance of 1 00.09 feet to a point on the West Right of Way of Collier Boulevard also being the POINT OF BEGINNING of the parceJ described herein. Thence continue N.89°52'17".W, a distance of728.15 feet; Thence N.OooOO'OO"E., a distance of234.45' feet; Thence S.89°52'43"E., a distance of 17.77 feet; Thence N.00007'l7"E., a distance of I 00.00' feet to the south property line of Summit Place in Naples, Phase I, as recorded in Plat Book 40, Pages 80-84 of the Public Records of Collier County, Florida; Thence along said south property line S.89°52'43"W., a distance of 697.02 feet to the said West right-of-way of Collier Boulevard; Thence along the said West right-of-way S.02°15'04"E., a distance of334.82 feet, to the POINT OF BEGINNING of the parcel herein described. Containing 5.50 acres more or less. Subject to easements and restrictions of record. Bearings are based on the East line of the Northeast 1/4, said section 34 as being N.02015'04"W. The Waterways Joint Venture IV Parcel: Commencing at the East Y.. corner of Section 34 Township 48 South Range 26 East. Thence N2°15'04"W along the East line of the Northeast Y.. of said Section 34 for 334.80 feet. Thence leaving said '14 line N89°52' 17"W a distance of 828.24 feet to the POINT OF BEGINNING of the parcel described herein. Thence continue N89°52' 17"W a distance of 493.88; Thence N02°15'13"W a distance of 334.68 feet to the South property line of Summit Place in Naples Phase I, as recorded in Plat Book 40, Pages 80-84 of the Public Records of Collier County, Florida; Thence along said South property line S89°52'43"E a distance of 525.01 feet; Thence leaving said South property line SOoo07' I7"W a distance of 1 00.00 feet; Thence N89°52'43"W a distance of 17.77 feet; Thence SOooOO'OO"W a distance of 234.45 feet to the POINT OF BEGINNING of the parcel herein described. Containing 3.88 acres more or less. Subject to easements and restrictions of record. Bearings are based on the East line of the Northeast Y.., said Section 34 as being N02015'04"W. C: \AdLib eXpress\ W ork\rad] 429C tmpdoc - 5- Agenda Item No. 8C October 12, 2004 Page 78 of 133 1.3 PROPERTY OWNERSHIP The subject property is under the ownership of: Golden Gate Fire Control & Rescue District 4741 Golden Gate Parkway Naples, FL 34116 And Waterways Joint Venture IV 14627 Collier Blvd Naples, FL 34119 The applicant is: Goiden Gate Fire Control & Rescue District 4741 Golden Gate Parkway Naples, FL 34116 And Waterways Joint Venture IV 14627 Collier Blvd Naples, FL 34119 1.4 DEVELOPER The GGFD Station 73 PUD is intended to be developed by Waterways Joint Venture IV and Golden Gate Fire Control & Rescue District. All reference to the "Developer" as may be contained in this PUD Document shall mean Waterways Joint Venture IV and Golden Gate Fire Control & Rescue District with respect to their individual parcels, unless, and until the subject property described and depicted in this PUD Document is conveyed, or assigned. It is the responsibility of Waterways Joint Venture IV and Golden Gate Fire Control & Rescue District to notify Collier County, in writing, of the land conveyance, or assignment of the subject property described and depicted in this PUD Document within six months from the actual conveyance, or assignment. 1.5 GENERAL DESCRIPTION OF PROJECT AREA A. The Project site includes portions of Section 34, Township 48 South, Range 26 East, Collier County, Florida. The subject property is located on the western side of Collier Boulevard (C.R. 951), approximateiy % miles north of Vanderbilt Beach Road, Collier County, Florida. B. The zoning classification of the subject property prior to the date of this approved PUD document was A - Rural Agriculture District. 1.6 PHYSICAL DESCRIPTION The Project site is primarily located within the Harvey Drainage Basin according to the Collier Drainage Atlas. The proposed outfall for the Project is through Summit Place, overland to Islandwalk, finally into 1-75 canal. Natural ground elevation varies from 11.2 to 13.6 NGVD; average site elevation is 12.6 NGVD. The entire site is located within FEMA Flood Zone "X" with no base flood elevation specified. - 6- C:\AdLib eXpress\ Work\rad1429C.tmp.doc ..----- Agenda Item No. BC October 12, 2004 Page 79 of 133 The water management system of the project will include the construction of a perimeter benn with crest elevation set at or above the 25-year, 3-day peak flood stage. Water quality pretreatment will be accomplished by an on-site lake system prior to discharge through Summit Place, overland to Islandwalk, finally into 1-75 canal. Maximum allowable discharge rates must comply with Ordinance 90-10 (as amended). Per Collier County Soil Legend dated January ] 990, the soil types found within the limits of the property are: #2 - Holopaw Fine Sand, Limestone Substratum; #]0 - Oldsmar Fine Sand, Limestone Substratum; and #23 - Holopaw Okeelanta Soils, depressional. 1.7 PROJECT DESCRIPTION The 9.4 +/- GGFD Station 73 PUD shall be a mixed-use development consisting of a maximum of sixteen attached, single-family housing units in townhouse configured, multi-unit buildings, and a Community Services Facility located along the C.R. 951 ITontage. Each residential unit is intended to be sold fee simple, including the platted lot upon which the residential unit is located. The Community Services Facility wil] consist of a maximum of 50,000 square feet of fire station" Fire training facilities, Fire Marshall and Fire Prevention offices, Governmental offices and other related services as limited in this document. That segment of Collier Bou]evard between Golden Gate Bou]evard and Immokalee Road is planned to be improved with a six-lane divided roadway programmed to commence construction in 2005 (Capital Road Project #6506]). Each residential unit will be served with centrally provided potable water, sanitary sewer, electric power, and telephone. Waterways Joint Venture, IV will provide a pedestrian access connecting Summit Place to the Public Facility. Additional services will be provided as deemed appropriate. 1.8 SHORT TITLE This Ordinance shall be known and cited as the "GGFD Station 73 Planned Unit Development Ordinance." C:\AdLib eXpress\ Work\radI 429C.tmp.doc -7- Agenda Item No. 8C October 12, 2004 Page 80 of 133 SECTION II 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, and the respective land uses of the tracts included in the Project, as well as other project relationships. 2.2 GENERAL A. Regulations for the development of the GGFD Station 73 PUD shall be in accordance with the contents of this document, 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. This PUD Document and attendant PUD Master Plan is generally tailored to provide specific development standards for the uses proposed by the Developer, C. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. D. All conditions imposed and all graphic material presented depicting restrictions for the development of GGFD Station 73 PUD shall become part of the regulations that govern the manner in which the PUD site may be developed. E. Unless modified, waived, or exempted through the approval of a deviation stated herein, the provisions of the Land Development Code remain in full force and effect with respect to the development of the land that comprises this PUD. F. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities, of the Land Development Code, at the earliest or next-to-occur of either Final Site Development Plan approval, or Final Plat approval, or building permit issuance applicable to this development. 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The Master Plan, including layout of streets and various land uses for the project, is illustrated graphically by Exhibit "A," PUD Master Development Plan. - 8- C:\AdLib eXpress\ W ork\rad 1429C tmpdoc ~,--,-,..- Agenda Item No. BC October 12, 2004 PageB1of133 TABLE I PROJECT LAND USE TRACTS TRACT (S) TYPE OF DEVELOPMENT ACREAGE R Residential ± 3,7 ac CF Community Services Facility ± 5.4 ac P Preserve ± 0.3 ac TOTAL ± 9.4 ac ROW commitment ± 0.50 acres B. Areas illustrated as lakes by Exhibit "A' shall be constructed as lakes or, upon approval, parts thereof may be constructed as shallow, intermittent wet and dry depressions for water retention purposes. The Master Plan (Exhibit "A") shows proposed land uses for each parcel. Minor modification to all tracts, lakes or other interior boundaries may be permitted at the time of preliminary subdivision plat or site development plan approval, subject to the provisions of applicable sections of the Collier County Land Development Code or as otherwise permitted by this PUD document. C. In addition to the various areas and specific items shown in Exhibit "A," such easements, as necessary (utility, private, semi-public) shall be established within or along the various tracts as may be necessary. 2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE A maximum of 16 residential dwelling units shall be constructed in two, six-unit buildings and one, four-unit building, with each unit intended for fee simple conveyance. The gross project area is +/- 9.4 acres. The Community Services Faci]ities Tract is approximately five (5.4) acres with a maximum of ]0,000 square feet per acre of Public Facility land uses. The Residential Tract, including that portion of the Preserve in the Community Facilities Tract, is approximately 4 acres upon which the 16 residences will be constructed. The gross project density, therefore, will be 4 dwelling units per acre. 2.5 PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to Development Order issuance for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan and the Collier County Land Development Code. 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, shall be submitted for the entire area covered by the PUD Master Plan. Any division of property and the development of the land must comply with Division 3.2 of the Collier County Land Development Code, and the platting laws ofthe State of Florida. - 9- C:\AdLib eXpress\ Work\rad 1429C:tmp.doc Agenda Item No. 8C October 12, 2004 Page 82 of 133 C. The provisions of Division 3.3 of the Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division prior to the issuance of a building permit or other development order, except in the case in which individual residential units within a multi-unit building will be conveyed in a fee simple manner, including each individual lot. Deviation # 1 from Division 3.3 of the Land Development Code. D. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and methods for providing perpetual maintenance of common facilities. Additionally, the developer (being the owner and deveioper of Summit Place In Naples to the north), his successors, or assigns will be responsible for the perpetual maintenance of the infrastructure improvements and common facilities associated with the residential component of the GGFD Station 73 PUD. E. Prior to the development of single-family attached units following the development standards set forth in Table II of this document, in which each unit is on a separate platted lot, the Developer must submit additional pages in the Improvement Plans required by Section 3.2.8. of the Land Development Code, to show typical lots, and typical footprints of the proposed attached single-family residences, including any anticipated accessory structures to the Planning Services Department. The purpose of these additional sheets is to depict the unit/building relationship with project boundaries and lot lines, provision for achieving the minimum space between attached single-family buildings, and to ensure that no one lot is adversely impacted by failing to provide the required side-yard in a uniform manner. It must be understood that no side-yards are required between units, where multiple units, intended for fee simple conveyance, including each individual lot, are contained in a single principal structure. F. The formal review and public notice requirements usually associated with new communication towers have been satisfied through the PUD rezoning procedures that preceded the adoption ofthe GGFD Station 73 PUD. 2.6 LAKE SETBACK AND EXCAVATIONS A. Lake setbacks must conform to the requirements described in Section 3.5.7.1.1. and 3.5.7.1.2. of the Land Development Code. Lakes may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1. of the Land Development Code, Removal of fill from the GGFD Station 730PUD is limited to an amount up to ten percent (10%), to a maximum 20,000 cubic yards, of the total volume excavated unless a commerciai excavation permit is received. . 2.7 DEDICATIONS AND MAINTENANCE OF COMMON AREAS & FACILITIES Easements shall be provided for water management areas, rights-of-way, and utilities. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time of adoption ofthis Ordinance establishing the GGFD Station 73 PUD, 2.8 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN - 10- C:\AdLib eXpress\ Work\rad 1429Ctmp.doc Agenda Item No. 8C October 12, 2004 Page 83 of 133 Changes and amendments may be made to this PUD Ordinance or PUD Master Development Plan, Exhibit "A," as provided for in Section 2.7.3.5. of the Collier County Land Development Code, except as limited by PUD document Section GGFD Station 73 PUD. 2.9 REOUlRED ENVIRONMENTAL PERMITTING Where the development of land within the GGFD Station 73 PUD requires a permit from a local, State, or Federal agency with jurisdiction over the property proposed for development, the Developer shall obtain such permits prior to final development order approval. 2.10 NATIVE VEGETATION RETENTION REOUlREMENTS Pursuant to Policy 6.4.6 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan, and Section 3.9.5.5.3 of the Collier County Land Development Code, a minimum of 0.33 acres (25% of the native vegetation on site) is required to be retained or replanted. Tract "P," contains approximately .33 acres. For the purposes of this PUD, the Preserve Tract will fully satisfY the native vegetation requirements of Collier County. Viable, naturally functioning native vegetation areas do not include those areas of vegetation that have seventy-five percent (75%), or greater aerial coverage of exotic species. Please refer to Appendix "A," Typical cross-sections, for details related to separation of structures from native vegetation preserve areas. 2.11 PUD INTERFACE WITH ZONING TO THE NORTH The GGFD Station 73 PUD is bounded on the north by a 98.4-acre property that is developing as the Summit Place In Naples subdivision under the existing zoning of Hibiscus Village PDD. That property is being rezoned to PUD, and will carry the name of Summit Place In Naples. The Hibiscus Village PUD is developing with the same attached single-family townhouse product line being proposed in this PUD. By mutual agreement between the GGFD Station 73 PUD property owners and the Summit Place in Naples PUD property owners, it has been detennined that the Summit Place In Naples PUD will provide the infrastructure, including access, to the residential buildings proposed to be located in the GGFD Station 73 PUD. The Amended and Restated Real Estate Exchange Agreement between Waterways Joint Venture IV and the Golden Gate Fire Control and Rescue District articulates the development commitments for the construction and perpetual maintenance of common facilities between the two adjacent developments. However, the ultimate responsibility to ensure that all infrastructure requirements have been met must be borne by the developer of the residential portion of the GGFD Station 73 PUD. Perimeter buffering that would typically be required between different zoning districts will not be provided at the southern boundary of Summit Place In NapJes PUD and the residential portion of the GGFD Station 73 PUD. Section 6.9 of this PUD Document provides for the necessary deviation to allow this development intent. Should the residential component of the GGFD PUD not be developed, it is acknowledged that all required internal and perimeter buffering and wall requirements must be provided by the owner of the residential portion of the GGFD Station PUD within the subject property boundaries of that PUD. 2.12 LINKAGE TO COLLIER COUNTY LAND DEVELOPMENT CODE Pursuant to Subsection 2.7.3.3. of the Land Development Code, upon adoption of the PUD Ordinance and attendant PUD Master Plan, the provisions of the PUD document become a part of the Land Development Code and shall be the standards of development for the PUD. Thenceforth, development in the area delineated as the GGFD Station 73 PUD District on the Official Zoning Atlas shall be governed by the adopted development regulations set forth in this PUD Document, PUD Master Plan, and applicable provisions of the Land Development Code. SECTION III C:\AdLib eXpress\ Work\rad 1429C:tmp.doc - II - Agenda Item No. BC October 12, 2004 Page 84 of 133 RESIDENTIAL AREA PLAN 3.1 PURPOSE The purpose of this Section is to identifY specific development standards for areas designated as Tract "R" on the PUD Master Plan, Exhibit "A." 3.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units allowed within the PUD shall be established at the time of development plan review, but the total number must not exceed 16 dwelling units. 3.3 USES PERMITTED No building or structure, or part thereof, shall be erected, altered, or used, or land used, in whole or in part, for other than the following: A. Principal Uses: I) Single-family attached dwellings (including townhouses intended for fee simple conveyance including the platted lot associated with the residence). B. Accessory Uses: 1) Customary accessory uses and structures including, but not iimited to, private garages, tennis facilities, and swimming pools with, or without screened enclosures, and other outdoor recreation facilities. 2) Utility facilities and or easements (including rights-of-way easements). 3) Water management facilities/lakes. 3.4 DEVELOPMENT STANDARDS A. GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Condominium, and/or homeowner's association boundaries shall not be utilized for determining development standards. B. OFF-STREET PARKING AND LOADING REQUIREMENTS: As required by Division 2.3 of the Collier County Land Development Code in effect at the time of building permit application. - 12- C: \AdLib eXpress\ W ork\rad 1429C: tmpdoc DEVELOPMENT ST ANDARDS Agenda Item No. BC October 12, 2004 Page 85 of 133 TABLE II DEVELOPMENT STANDARDS SINGLE F AMIL Y ATTACHED TOWNHOUSE COMMUNITY FACILITŒS BUILDINGS PRINCIPAL STRUCTURES MINIMUM LOT AREA MINIMUM LOT WIDTH MINIMUM FLOOR AREA MIN FRONT YARD (ROW) MIN SIDE YARD MIN REAR YARD MIN PRESERVE SETBACK MIN. DlST. BETWEEN STRUCTURES MAXIMUM BLDG. HEIGHT NOT TO EXCEED ACCESSORY STRUCTURES FRONT SIDE REAR (ATTACHED) (DETACHED) PRESERVE SETBACK MIN. DISTANCE BETWEEN STRUCTURES MAXIMUM BLDG. HEIGHT NOT TO EXCEED S.P.S.: Same as Principal Structures. BH: Building Height 2,250 S.F. 10,000 S.F. 25 FEET N/A ],000 S.F. N/A 20 FEET* 50 FEET o FEET or 30 FEET 6 FEET ] 5 FEET 30 FEET 25 FEET 25 FEET 12 FEET or 12 FEET or !;2 BH whichever is greater !;2 BH whichever is greater 2 STORIES 2 STORIES 35 FEET 35 FEET S.P.S. S.P.S. S.P.S S.P.S. 5 FEET 5 FEET S.P.S. S.P.S. 10 FEET 10 FEET 15 FEET 15 FEET or !;2 BH whichever IS greater 2 STORIES 35 FEET 2 STORIES 2 STORIES * Roadway access will be provided from the Summit Place in Naples PUD C\AdLib eXpress\ Work\radJ429Ctmp.doc - 13- Notes: 1) Agenda Item No. BC October 12, 2004 Page 86 of 133 2) 3) The location of structures proposed adjacent to a lake may have no setback from the lake maintenance easement. No structures are permitted in the required, 20-foot lake maintenance easement. All garages associated with residential units proposed in Tract "R" must be located a minimum of 23 feet from the back of the sidewalk located in the street rights-of way closest to the garage, except for side load garages, wherein a parking area 23 feet in depth must be provided perpendicular to the sidewalk to avoid vehicles being parked across a portion, or all of the referenced sidewalk. C: \AdLib eXpress\ W ork\rad 1429C tmpdoc - 14- Agenda Item No. BC October 12, 2004 Page 87 of 133 SECTION IV PRESERVE AREAS 4.1 PURPOSE The purpose of this Section is to set forth the development plan for areas designated as Tract "P," Preserve Area on Exhibit "A," PUD Master Plan. The primary function and purpose of this Tract is to preserve and protect vegetation and naturally functioning habitats, such as wetlands, including upland buffers, in their natural, and/or enhanced state. 4.2 USES PERMITTED No building or structure of part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following, subject to regional, state and federal permits when required: A. Principal Uses: I. Native preserves. 2. Water management structures. 3. Mitigation Areas 4. Hiking trails, boardwalks, shelters, or other such facilities constructed for the purposes of passage through or enjoyment of the site's natural attributes, subject to approval by permitting agencies. C: \AdLib eXpress\ Worklrad ¡ 429C:tmp.doc - 15- Agenda Item No. 8C October 12, 2004 Page 88 of 133 SECTION V COMMUNITY SERVICES FACILITIES AREA PLAN 5.1 PURPOSE This District is intended to implement the Future Land Use Element ofthe Growth Management Plan by permitting nonresidential land uses as generally identified in the Urban Designation of the Future Land Use Eiement. These uses can be characterized as public facilities, safety service facilities, other government uses, and other such uses generally serving the community at large. The dimensional standards are intended to insure compatibiiity with existing or future nearby residentiai development. 5.2 PERMITTED USES No other building or structure, or part thereof, shall be erected, altered, or used, or land used, in whole or part, for other than the folIowing uses: A. Permitted Uses 1. Fire station, fire department, fire prevention offices and fire marshal's offices 2. Emergency medical services 3. Library 4. Sheriff's office 5. Property Tax Assessors Office 6. General Governmental Service Offices 7. Essential Public Service Facilities 5.3 PERMITTED ACCESSORY USES 1 . Accessory uses and structures customarily associated with the principal uses permitted in this Community Facilities Area 2. Communication Tower - The tower will be limited to a flag poie "stealth design," and the tower's height wilI be limited to a maximum of 135' or to the maximum height required by the fire station whichever is the lesser amount, with Radio Frequency (RF) calculations to support the fire station's use to be provided by the applicant at time ofSDP submittal. 3. Fire Training Facilities and Fire Training Tower, limited to a maximum height of fifty (50') feet as defined by the LDC, and no greater than sixty-five (65') feet of "actual height", as defined by the LDC . 5.4 DEVELOPMENT STANDARDS A. Refer to Table II, Development Standards in Section III ofthis PUD Document; - 16- C: \AdLib eXpress\ W ork\rad 1429Ctmp.doc Agenda Item No. BC October 12, 2004 Page 89 of 133 B. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with the Collier County Land Development Code in effect at the time of Site Development Plan approval. CAll buildings, lighting, signage, landscaping, site design, and architecture infrastructure shall be architecturally and aesthetically unified, and must comply with the Architectural and Site Design Guidelines and Standards of the Land Development Code. Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and walls to be erected on the site. All buildings shall be primarily finished in light colors except for decorative trim. Compliance with the architectural standards will be demonstrated at time of Site Development Plan submittal. D. More than 50% of the parking may be located between the primary facades and Collier Boulevard. Deviation #5 from Section 2.8.3.1.4 related to a requirement to provide no more than 50% of the off-street parking for the entire commercial building or project shall be located between any primary facade of the commercial building or project and the abutting street or navigable waterway. E. Landscaping and streets cape materials shall also be similar in design throughout the site. F. Maximum square building square footage within this area must not exceed 50,000 square feet, subject to compliance with all other applicable regulations of the LDC and other state and federal codes and laws. - 17- C: \AdLib eXpress\ Work\rad I 429C:tmp.doc Agenda Item No. 8C October 12, 2004 Page 90 of 133 SECTION VI DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section is to set forth specific development commitments for the development of the Project. 6.2 GENERAL All facilities shall be constructed in strict accordance with site development plans, final subdivision plats and all applicable State and locai laws, codes and regulations applicable to the PUD. The standards and specifications of Division 3.2 ofthe Land Development Code shall apply to this Project even if the land within the PUD is not to be platted. The Developer, his successor and assigns, shall be responsible for the commitments outlined in this document. 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 developer its, successors, and assigns, until turnover of the property to any property, or homeowners association. The Developer, his successor or assignee, shall follow the Master Plan and the regulations of the POO as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title to the developer is subject to the commitments within this agreement. 6.3 PUD MASTER PLAN A. Exhibit "A," PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, lot and land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or site development plan application. Subject to the provisions of Section 2.7.3.5 of the Land Development Code, amendments may be made from time to time, except as limited in PUD Section 5.4.8. B. All necessary easements, dedications, or other instruments shall be granted to ensure the continued operation and maintenance of all service utilities in all common areas in the project. 6.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION A. This PUD is subject to the Sunset Provisions of Section 2.7.3.4 ofthe Land Development Code. B. An annual PUD monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Land Development Code. 6.5 TRANSPORTATION A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FOOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual on Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the Collier County Land Development Code (LDC). - 18- C: \AdLib eXpress\ W ork\rad 1429C. tmp.doc ."_.~ "..,. .. Agenda Item No. BC October 12, 2004 Page 91 of 133 B. Arterial level street lighting shall be provided at all access points. Access lighting must be in place prior to the issuance of the first Certificate of Occupancy (CO). C. Site-related improvements necessary for safe ingress and aggress to this project, as detennined 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. D. Road impact fees shall be paid in accordance with Collier County Ordnance 0]-13, as amended, and Division 3.15 LDC, as it may be amended. E. All work within Collier County rights-of-way or public easements shall require a Right- of-Way Pennit. F. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution 01-247), as it may be amended, and the LDC, as it may be amended. Collier County reserves the right to modifY or close any median opening existing at the time of approval of this PUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. G. 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. H. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier County shalJ have no responsibility for maintenance of any such facilities. I. If any required turn lane improvement requires the use of existing County right-of-way or easement, compensating right-of-way, shall be provided without cost to Collier County as a consequence of such improvement. J. 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. K. Adjacent developments have been designed to provide 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. L. This project's residential component will be provided access through the adjacent Summit Place PUD, and an interconnection is planned to the south to Wolfe Road thru the adjacent tract. 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. C:IAdLib eXpressl Worklrad 1429C tmp.doc - 19- Agenda Item No. BC October 12, 2004 Page 92 of 133 6.6 WATER MANAGEMENT A. Detailed paving, grading and site drainage plans shall be submitted to Engineering Review Services for review and approval. No construction permits shall be issued unless and until Planning Services Staff grants approval of the proposed construction in accordance with the approved plans. B. An excavation permit will be required for the proposed lakes in accordance with the Collier County Land Development Code and South Florida Water Management District Rules. C. The water management system is to be a part of the larger system permitted by the South Florida Water Management District for Hibiscus Village PUD. The system will attenuate the runoff of the GGFD PUD and the Summit Place area. 6.7 UTILITIES The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: A. Water distribution and sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned, and maintained in accordance with Collier County Ordinance No. 04-31, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities will be considered to be customers of the County, and will be billed by the County in accordance with the County's established rates. 6.8 ENVIRONMENTAL The development of this PUD Master Development Pian shall be subject to and governed by the following conditions: A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules, and be subject to review and approval by Environmental Review Staff. Removal of exotic vegetation alone shall not be the sole component of mitigation for impacts to Collier County jurisdictional wetlands. B. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans, and shall be recorded on the plat with protective covenants per, or similar to, Section 704.06, Florida Statutes. All setbacks and buffers shall be provided in accordance with 3.9 of the Collier County Land Development Code. C. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of the wetland preserves in all places, and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resource Permit Rules, and be subject to review and approval Environmental Review Staff. D. The PUD shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USF &WS) and the Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to "listed species." Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Environmental Review Staff for review and approval prior to final site plan/construction plan approval. -20- C: IAdLib eXpressl W orklrad 1429C:tmp.doc ^""'~''''__"'''~''M Agenda Item No. BC October 12, 2004 Page 93 of 133 E. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, must be submitted to Environmental Review Staff for review and approval prior to final site plan/construction plan approval. This plan shall include methods and a time schedule for removal of exotic vegetation within conservation/preservation areas. F. The PUD, except as provided for in the lawfully adopted PUD Ordinance, shall be consistent with the environmental sections of the Collier County Growth Management Plan, Conservation and Coastal Management Element and the ColIier County Land Development Code in effect at the time of final development order approval. G. At the time of the first development order submittal, the petitioner shall provide copies of their SFWMD, Environmental Resource Permit applications. H. In the event the project does not require platting, all conservation areas shall be recorded as conservation / preservation tracts or easements dedicated to the project's home owners association or like entity for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance. I. Preserve areas must not be located on a berm; they must be at natural ground level, or a filled area with a slope no steeper than 10: I, and must meet all requirements per 3.9.5.5.6. 6.9 LANDSCAPE BUFFERS. BERMS. FENCES. AND WALLS Landscape buffers, berms fences and walls must be provided in accordance with Collier County LDC in effect at the time of building permit application, except as otherwise provided for within the list of deviations. The following standards will apply: A. Landscape berms may have the following maximum side slopes: I) Grassed berms 4: I 2) Ground covered berms 3: I B. No buffer is required along the northerly property boundary of Tract R, where the proposed project abuts the developing subdivision to the north (Summit Place). However, the trees that would be required as a part of that buffer will be provided north of the common PUD boundary, in Summit Place, as a part of the landscaping for the residential units, with some flexibility for number of trees and spacing based on driveway locations. The land use buffering intent of the LDC will be satisfied with the perimeter landscape buffer and nature preserve on the south boundary of Tract "R" in the GGFD Station 73 PUD. Deviation #2 from Section 2.4.7.2. of the LDC related to a requirement to create a perimeter land use buffer between the developing Summit Place subdivision and the proposed residential component of the GGFD Station 73 MPUD. C. No toe-of-slope setback is required from the common property/tract boundary of the Residential tract (Tract R), and the Community Facilities tract (Tract CF). A required land use buffer will be unequally shared between the Community Facilities Tract (Tract CF), and the Residential Tract (Tract R). A wide (varying 40'-50'), bermed, landscaped, land use buffer will be installed between, and unequally bridging the boundary separating the Community Facility tract (Tract CF), and the Residential tract (Tract R). Deviation #3a from Section 2.4.4.18. of the LDC where a 5- foot setback is required from a property line for the toe-of-slope, when the proposed berm is greater than two feet in height. -21- C\AdLib eXpress\Work\radI 429Ctmp.doc D. 6.10 Agenda Item No. 8C October 12, 2004 Page 94 of 133 No toe-of-slope setback is required between the common property/tract boundary of the Community Facilities tract (Tract CF), and the property boundary of the developing Summit Place subdivision. The required land use buffer will be unequally shared between the Community Facilities Tract (Tract CF), and the Residential Tract (Tract R). A wide (varying 40'-50'), benned, landscaped, land use buffer will be installed between, and unequally bridging the boundary separating the Community Facility tract (Tract CF), and the Residential tract (Tract R). Deviation #3b from Section 2.4.4.18. of the LDC where a 5-foot setback is required from a property line for the toe-of-slope, when the proposed berm is greater than two feet in height. E. No toe-of-slope setback is required from the common property/tract boundary of the Residential tract (Tract R) in the GGFD Station PUD, and the proposed Palermo Cove RPUD. A bermed, landscaped, buffer will be installed between, and bridging that common boundary. Cross-section 8-8, on Sheet 5 of5 of the PUD Plans Set illustrates this common berming. Deviation #3c from Section 2.4.4.18. ofthe LDC where a five-foot setback is required from a property line for the toe- of-slope, when the proposed berm is greater than two feet in height. F. No toe of slope setback is required from the common property/tract boundary of the Residential tract (Tract R) and the Community Facilities tract (Tract CF) within this project and the property to the south (the proposed water management site for the County Road 951 improvements). A benned, landscaped, buffer will be installed between, and bridging that common boundary. Cross- sections E,-E¡, and ErE2 on Sheet 5 of5 of the Master Plan Set illustrates this common buffer. G. No masonry wall, or prefabricated concrete wall/fence is required between the Residential Tract "R", and the Community Facility Tract "CF" in the proposed PUD, nor will a similar wall/fence be installed between the Community Facility Tract "CF" in the proposed PUD and the Residential Tract "R" in the Summit Place In Naples Phase I subdivision to the north, Instead the developer must provide a 40-50 foot wide Type "C" buffer area that inciudes a benn that is no less than 3-5 feet high as shown on Sheet 3 Of 5, the Conceptual Water Management Plan. A double row hedge must be incorporated into the Type "C" buffer design and installation. Deviation #4 from LDC Section 2.6.11.4.2. H. Pedestrian sidewalks, bike paths, water management facilities and structures may be allowed in landscape buffer areas, provided that the landscape buffer area is increased by an equivalent width. I. Landscape plantings associated with the attached single-family residential buildings must comply with LDC Section 2.4.6.6. J. The communication tower must meet all 2.6.35. and 2.4.6.4. requirements and standards. LANDSCAPE AND BUFFERS FOR OFF STREET 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. 6.11 ACCESSORY STRUCTURES Accessory structures may be constructed simultaneously with, or following the construction of the principal structure. A construction office may be constructed after zoning approval but before construction of any principal structures. 6.12 SIGNS All signs shall be in accordance with Division 2.5 of Collier County's Land Development Code in effect at the time of sign pennit approvals. C \AdLib eXpress\ W ork\rad 1429C tmpdoc - 22- Agenda Item No. BC October 12, 2004 Page 95 of 133 6.13 POLLING PLACES Pursuant to Section 2.6.30 of the Land Development Code, provisions shall be made for the future use of a building within the public facility of the Project to accommodate 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 on any and all successor owners in interest that acquire ownership of such common areas including, but not limited to, condominium associations, and homeowners' associations. This agreement shall provide for a common space sufficient in size to meet the needs of the Supervisor of Elections in providing space for electors residing within the development. 6.14 HISTORICAL / ARCHAEOLOGICAL 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 Community Development Services administrator or his designee and compliance services contacted as noted in Section 2.2.25.8.1 of the Land Development Code. C:\AdLib eXpress\ Worklrad] 429Ctmpdoc - 23- .. . PUBLIC NOTICE . PUB~IC~OTlCE. PUBLIC NOTICE .::."....~.;:.;.,~..~(,.,<;* .' , '. ('... ' NElGHøohdOODINFOllrMnGiW. IbEmNG The public is invited to attend a neighborhood meeting held by Karen Bishop, of pMS, Inc. of Naples, representIng the Golden Gate Fire Department on: Tuesday, July 22, 2003 at 6:30 p.m. at Golden Gate Fire StatIon #71', 100 13th St. S.W., . off of Golden Gate Blvd. Subject Property: A ± 1 0 acre parcel located on the western side of Collier Blvd., approximately % miles north of Vanderbilt Beach. Rd. , . . N BRJ1T~ BAY ~lC£o\.~ , . i 35 Ii < I SITE .ND£R T ~ ¡S¡AND IWJ< ~ IIUC1G NUN The property owner is petitioning Collier County to' rezone the property from uAn Rural Agriculture to uPUD" Planned Unit Development to limit the uses allowed on the pro.péÏ'ty'frQm agriculture to a mixed use community that provides for the ,. development ofa 16 single family townho,",se residential; product With associated røcreational uses. The proposal also provides, for a' ;'. Community Facility consisting of,a Fire Station, Fire training facilities,· Fire Marshall and Fire Prevention offices. WE VALUE YOUR INPUT . ' Business and property owners, residents and visitors are welcome to attend the pre$entation and discuss the project with the owner I devëloperand Collier County staff. If you are unable to attend this meeting, but have questions or comments, they can be directed by mail, phone, fax or e~mail by August 22, 2003 to: ' Linda' Bedtelyon Community Planning Coordinator Community Development & Environmental SeMces Administration 2800 N. Horseshoe Drive. Naples, FL 34104 (239) 213,:,2~ Fax: (239) 403~2395 Lindabedtelyon@colliergov.net .. . - .... ~.. ..- ----.- ._..~---~~' ....--..'.....- J Agenfa Item No. BC , 0 tober12,2004 : age 96 of 133 ~ ~, , " , . I I ~ , . .\ I! ¡ ! I ¡ J I , , , I , . I , I " , ·- .- --.. ..-...---.,-............-.. -... ..., ...v~ L.....O . .... - ( ( Agenda Item No. BC October 12, 2004 Page 97 of 133 AFFADA vrr OF COMPliANCE I hct'eby certify that pursuant to Ordinance 01-60, SecIiOll 2.7.2.3.5 of the Collier County Land Development Code, I did give notice by mail to !be following property ownexs and or condominium and civic associations at their CUlJ'CDt address as shown by the records of the Collier County Propeny Appra.iso:, of an application request for a rezoning, PUD amendment, conditional use, variance, or parking exemption, at least ten days prior to !be scheduled Public Information Meeting. The said notice contained the legal and or ¡lyman'S description of the site property of proposed change and the time, place and location of a scheduled Public Info.rmat.ion Meeting. this Per attlC.bed letters and or property owner's list wbich are hereby made a part of Affidavit of Compliance (þ;1lc~¡J¡¡p State of Florida County of Collier The f<ngoing Agrccmetlt Sheet was acknowledged before me this I / Lb. July .W~~rðî BiSfq:) day of who is )leIBonally .mown to me or ~o bas produced as identification. r' PMS, Inc. of Naples Project Management Services c " October 12, 2004 Page 98 of 133 July 11, 2002 Dear Property Owner: Please be advised that PMS, Inc. of Naples intends to make a formal application to Collier County for rezoning the following described property: A ±10 acre parcel located on the western side of Collier Blvd., approximately % miles north of Vanderbilt Beach Rd., Collier County, Florida. We intend to ask the County to approve rezoning the above described property from "A" (Agriculture) to "PUD" (Planned Unit Development) that would allow us to develop the described property in the following manner: This property is approximately I 0 acres and is a mixed use community that provides for the development of residential single family attached townhouse residential product and a Community Facility. The Community Facility will consist of a Fire Station and training facility which will be located along the frontage of Collier Blvd. ' In order to provide you an opportunity to become fully aware of our intention to develop the described property as indicated above, and to give you an opportunity to influence the form of development intended, we are holding a Neighborhood Information meeting on July 22,2003 at 5:30pm at the Golden Gate Fire Station #71 located at 100 13th St S.W. (off of Golden Gate Blvd.). At this meeting we will make every effort to illustrate how we intend to develop the property. Sin erely, ¿/ aren Bishop JtJf President " 2335 Tamiami Trail N,. Suite 408. Naples, FL 34103 1(941) 435-9080 x3/ Fax (941) 435-9082!Email: karenbishop@pmsnaples,com · s; {P'i:fu ¡:;~ed Sht:: "".';' ¡¡ YOUNGMAN 1R, GAYLE E GAYLE E YOUNGMAN TR 513/98 RR 3 BOX 238 PL YMourn NH 03264-9137 VANDERBILT CMMTY ASSOC INC 8250 DANBURY BLVD NAPLES FL 34120-1631 DAVENPORT, ROBERT E L YNETIE E DAVENPORT 9064 THE LN NAPLES FL 34109-1554 ROSENMAN TR. ELEANOR 145 LAKE DESTINY TRL ALTAMONTE SPG FL 32714-3458 WATERWAYS JOINT VENTURE IV 914 GRAND RAPIDS BLVD NAPLES FL 34120-4430 l:;.."~.. .1... r' FUEREDI TR, MATHILDE ANN r ADAM F11EREDI TR ITF MATIllLDE ANN FUERED! TRUST 1857 GALLEON DR NAPLES FL 34102-7761 WALLACE, DAVID J & MARY E PO BOX 10524 NAPLES FL 34101-0524 LINDER, MARK L 4980 TAMIAMI 1RL N S1E 200 NAPLES FL 34103-2849 WATERWAYS JOINT VENTIJRE IV 914 GRAND RAPIDS BLVD NAPLES FL 34120-4430 l'g<;:nmmg~~o~l[¿~'GO<ID October 12, 2004 VANDERBmê~1Æsoc INC"' 8250 DANBURY BLVD NAPLES FL 34120-1631 VANDERBILT CMMTY ASSOC INC 8250 DANBURY BLVD NAPLES FL 34120-1631 COO PROPERTIES LLC 711 5TIi AVE S STE 209 NAPLES FL 34102-6628 CHRIST COMMUNrIY LtnHERAN CHURCH INC m MOORlNGLINE DR NAPLES FL 34102-4715 c~£'~~~. L:~..'... S~':'~:;<:: Agenda Ite~@. 13t;f 2 October -1~ 2!504 Page 100 of 133 DeselemKay From: Lws3Bus@aol.com Sent: Monday. June 28, 2004 11 :07 AM To: mstrain@swfla.rr.com Cc: meyer _r; DeselemKay Subject: Summit Place (Waterways Joint Venture) Good Morning Mark, A Notice of Public Hearing was published in Sunday's edition of the Naples Daily News. I see the request by Waterways Joint Venture IV to revise their PUD has been scheduled for the July 15th Planning Commission meeting - Petition: PUDZ-2003-AR-4046 I look forward for the opportunity to express my opinion. I was very surprised that "my developer" - Waterways Joint Venture IV - has worked out a sweetheart deal with the Golden Gate Fire District to place a 15..fººt1ªlltralnlo,g,..fª.çi1ity and a l35.foottaJlco.mmJu'liçatioILtº.wer adjacent to the 408 "future" families of Summit Place - Petition: PUDZ-2003-AR-4250. Having a fire station next door is one thing - Locating these tall towers adjacent to a residential community is beyond comprehension. Whether it's going ahead and installing the extended screened patios - which are not allowed by the existing PUD - or by indicating that these tall towers should be OK with their 408 customers, this developer is demonstrating a total lack of regard for the future residents of Summit Place. I recommend that after 50% of the 408 homes in Summit Place have "closed" and the homeowners have had the opportunity 7/6/2004 .. - .- -------_.---"...- -.--.--- . ,,--- Agenda Iterp~ ~<0f 2 October 12. 2004 to discuss these issues; that would be the appropria{è9f¡ffiã ¥Ór Mr. Yovanovich and/or Ms. Bishop to solicit our input for the two towers and the screened patio additions. That would also be the time for _altofusmtQbe heard by the Planning Commission and the BCC. As it is now, only the developer and the County are talking to each other. Until these discussions have been held, I recommend the two towers not be approved and all of the existing screened additions be removed - allowing the concrete slabs to remain. Hopefully, this developer will get the message! As it is now, he's attempting to walk over us! Regards, Len Stout **************** ---- _/ 7/6/2004 -----.---.----.----------- Agenda Itbp¡.100f 2 October 12, 2004 Page 102 of 133 DeselemKay From: JBTeach90@aol.com Sent: Wednesday, July 07,200412:33 PM To: bobsails@msn.com; lindyAdel@cs.com; dwight@gulfaccess.net; brad@taxis-usa.com· russellbudd@sprintmail.com; kla@aya.yale.edu; MPStrain@aol.com . Cc: DeselemKay Subject: Petition: PUDZ-2003-AR-4250 To: Collier County Planning Commission From: Jennifer Briggs Re: Fire Station Towers Petition: PUDZ-2003-AR-4250 I have purchased a home in Summit Place, located on Collier Blvd., and am very excited about the prospect of moving my family into our brand new home in only a few months. However, I am very concerned about a petition requesting permission to build two tall towers for Training and Communications directly next door to my residential neighborhood. The developer of Summit Place (Waterways Joint Venture IV) informed me that a fire station would exist next to my development, which I feel is acceptable. However, I was shocked to learn that two tall towers, including a training facility (i.e., noise and air pollution with loudspeakers, bullhorns, smoke bombs, etc.), could possibly exist near a residential neighborhood. Approximately 200 units in Summit Place are under contract. In their desire to protect their customers from the effects of these towers, I would expect the officials of Waterways Joint Venture IV to forcefully oppose the installation of these towers. As an owner and future resident of_..5ummit Place, I strongl¥ oQ,ject to the RrQP0sed towers being-ºRprºyed for the fire station. I request that this letter of objection be includedjn th~ .º~JjÞ~rº1Jºn~ -ºfJh~elºnrÜn9.ǺrnmJ~~j OIl! Thank you for considering my input. Please contact me if I can provide any additional information. 717/2004 - -----------~-~-_._...-.._._--------. Sincerely, Jennifer Briggs 239-784-5929 348 Country Club Lane Naples, FL 34110 CC: Kay Deselem, Principal Planner AgendJl~ fJ8.f8è October 12, 2004 Page 103 of 133 ., 1'1 '" 004 .____...._..._._...._._.~._.......-..--.............. .__._._._..n ..._... ....d....· .... Agenda ~m N.c. aç Octo~t,I~4 Page 104 of 133 DeaeJemKay From: Lws38us@àol.com Sent: wednesday, July 07,2004 4:39 PM To: russetlbudd@sprlntmail.c:om; MPStrain~I,com;.LIAdYAdEtløcs·com: bØbsaìJ$Oml".QQmz dwtgttW)gulfaccess,net; bradOtaXi.~~.;com; ~a.Y'Jte.ed\¡ Cc: DeselftlT\KaV SUbject: PUDZ..2003-AR-4250 Gø1den Gate FjreOI$trict and Watefway. Joint VéRliure IV July 7, 2004 TO: Comer County Planning Commission Mr. RusaelllQdd" Ch.i~n Mr. Ma,k sm.In, Vice eþatrman' Mr. LfndVActe..ttin, Séçøtllry Mt.Kenneth Ab6mathy . Mr. George Ev,ans Mr. Paul Midney Mr. Robert Mutl'BY Mr.Dwfg4\t\RIC~n Mr. Brad:Schlfer Cc: Kay Desølem Sub-jeet: Julyt'lth Pla8nlRI COIR_.iønMellth18 Reference:'PUDZ-2U03-ARwJ250 GQlden Gate FIN Þ1atrlct'8Rd Wat.,..,. Joint Venture IV Dear Mr. Cc:ømn1..Jon..r: A8a futurehomeowner,m Summit Ptace. plea. oonslder tb. letter of objection as you deltHAte this Petnfon. 'at'''. with tttt Countf'. Staff'Reportrøcomm....dI"'h.pr~I.,' a ...'....tionaMI a,sbortened cammunlcatlotttoVver fefloUl-.onJt; fob'" to"...""...n......" a.prep_ad by the applicaflts: .*****....ø**""......**·· 1..ibra:ry Sberitra·()fftc. P.rop8rtyT_·AS8e.90~. ,Office Gen_rat GQ¥emmentaISal'YtCe8 ()ffiCØ E...nttat'~bUc 8erviC.';F'ecllltlea 135' ~ootCQmmuf'Û:C.tfön'f'ow.r 75' Training Towsr 7/912004 .--,·-----·-_·.·_._øøø~?.._.__~."..~____.,.,. .*...~_....**...........*** Agenda~mNp.ac Octo~¡;Z~4 Page 1 05 of 133 The top five uses are better suited for an industrlal·complexor a commercialarea~ i.e., like the Greentree Shopping Plaza located OR theSW come'r of A~rp.o<rt Road and Immokalee Road. The TraintngTower WIll be anelgN;4toqt þtdldlhg·aM .dI)je~theloc.' mlentato sirens, butlhornsanet smoke bombs to'8Ìmu'" fire conditions. Th& 136t Communication Tower will beatt "eyesoreu and i&propoeed solely as a tlmoneyrnaker"forthe Fire Di$trict. This "uø·t .·not requlfèd toprotect·theheaflh and safety of the local Fê8identa. . recommend the 135' CommuniC8'tion 1'owerandtfle TråinJnjl'oWèr~<'loca1ed in an industrial area Of' out In unde¥eloped Golden Gate..tes~ Thl~ wlffillowthe future land buyers and homeowners to observe these sttucturesØ8fore they purchase. their property. Wâterways Joint V.nturelV bas sofdapprox'mately. 20e homes inPhaee I of SummftPlacetHiblecusPUD). ~.hOfn<.'aN·C1t.ritlY'<i..vatlQu8 .... of construction. At "build eut, If Summit Piaee 18. proposed''to have 41e;.homeowtters. This corridor of Collier Blvd. is a residential netghb&rhøod and this Petition Is not being s.nabiy.to residentllll· use. The County.'sStaffRepprt'(p..ge 60f 16 .~. paragraph 4) Irtdicates ~Coum,has receiYed.< two>lèftersapptovtngthle>FlreStatlon Complex. These went sublRftted by: 1) EUaa>BrH.te· developing 129ecrestobeknoWl1as Pälem1oCove. 'hie prop., is adjacent to theweatem boundary of the existing Summit Place.ft·s unfortunate thisde"el...... notconcernedbowth18 Petitio. WiIIaffeet their fttivr. homeowners. 2) Waterways JOIftt\(entUre IV> (WWJVtV), onllehalf of SummftPfacø.. 418 homeowners, issued a Letter of Appr.val for·thls Pfre 90~I.x, wbIôh' WWJVIV Is also a party to.. tfæd..JtIrQ"Jç tb..WW~j¥.J.øect a..~.~lJgJ"'Jf. Since 200c<ustom.f8r.ve,purcb..ecthOllfeSlnSummitp,ace af1d Iookt() WW'JYIV to .protect their InvEnltmaftt, WWNW shou'dbe opposjngthe seven -uøst. not rectuiredto protecttheh.eafthand $afetr->ofth.,area~......tclentl"'comm.n... Thank you· for considering mycøncerJ,1$. aayoudeJìbørate;tbf.yerylmpørtatttissae. Sloeer.l)', .-\ --- ,,/ 7/9/2004 1 Len Stout 6670 Hunti",ton . LaU8'CitcI., #214 Nap,",FL 34119..7888, 239-261-6100 I 71<Jt2004 _____....'"W_____.._______·_·_··__··__··.·..··..··..___··......-. _.,...,........M...._..~"."_-.-_......-····--"···_..··..··-~...._'"....--..-... -ll \ Agenda I~m N.Q. 8C Octobll'¡I.\ll, ~o€.r! Page 1 CJ6 of 133 ORDINANCE NO. 03 -_ Agenda Item No. BC October 12, 2004 Page 107 of 133 AN ORDINANCE AMENDING ORDINANCE NUMBER 9]-102; ~§.AMij):lijjlEJ); THE COLLIER COUNTY LAND DEVEL- OPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULA nONS FOR THE UNINCORPORATED AREAS OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIAtE ZONING ATLAS MAP TO CHANGE THE ZONING CLASSIFICATION OF.· THE HEREIN DESCRIBED REAL PROPERTY. FROM RURAL·.AGRICULTURAL (A) TO MlXBDUSEPLANNED UNIT DEVELOPMENT· .(MPUD) FOR A pROJECT TO BE KNOWN AS THE GGFD STA nON 73PUD, THAT IS LOCATED ON THE WEST SIDE OF COLLIER BOULEVARD (C.R. 951), APPROXIMA TEL Y 340 FEET NORTH OF WOLFE ROAD, IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 9.38 ± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Karen Bishop, of P.M.S., Inc. of Naples, and Richard D. YOV3.0ovWh, of Goodlette,ColeI11anaildJohnson, P.A., representing Golden Gate Fire Control and Rescue District and Waterways JoÎntVenture IV the applicants, petitioned the Board of County Commissioners, ÎnpetìtÎpnNuIl1berPUDZ-2003~AR-4250, 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 rea] property located in Section 34, Township 48 South, Range 26 East, Collier County, Florida, is changed from Rural Agricultural (A) to Mixed Use Planned Unit Development (MPUD) in accordance with theQGfDStation73 PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Zoning Atlasrnap, as described in Ordinance Number 91-102, as amended, the CoWer County Land Development Code, is hereby amended accordingly. Page 1 of 2 Agenda Item No. BC October 12, 2004 Page 108 of 133 SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, thjs21c1aY~fJuly,2qq4. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency Patrick G. White Assistant County Attorney Page 2of2 .~~"<,-~~.,.__... STAFF VERSION Agenda Item No. BC October 12, 2004 Page 109 of 133 GGFD Station 73 A MIXED-USE PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE GGFD STATION 73 PUD A MIXED- USE PLANNED UNIT DEVELOPMENT PURSUANT TO THE COLLIER COUNTY LAND DEVELOPMENT CODE (LDC) PREPARED FOR: Golden Gate Fire Control & Rescue District 4741 Golden Gate Parkway Naples, Florida 34116 And Waterways Joint Venture IV 14627 Collier Blvd Naples, FL 34119 PREPARED By: RWA Inc. 3050 N. Horseshoe Drive, #270 Naples, FL 34104. And PMS, Inc. of Naples 2335 N. Tamiami Trail Suite 408 Naples, FL 34103. And GoodIette, Coleman & Johnson, P.A. 4001 N. Tamiami Trail Suite 300 Naples, FL 34103. DA TE REVIEWED BY CCPC DA TE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS & REPEAL "EXHIBIT A" radCF3D9. tmp - I - ST AFF VERSION TABLE OF CONTENTS LIST OF EXHIBITS AND TABLES ST A TEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP AND DESCRIPTION SECTION II PROJECT DEVELOPMENT REQUIREMENTS SECTION III RESIDENTIAL AREAS PLAN SECTION IV PRESERVE AREAS SECTION V COMMUNITY SERVICES FACILITIES AREA PLAN SECTION VI DEVELOPMENT COMMITMENTS - 2- radCF3D9.tmp ~.~.___.M."~ .,- ,_._-----" Agenda Item No. BC October 12, 2004 Page 110 of 133 Page 3 Page 4 Pages 5-7 Pages 8- I 1 Pages 12-14 Page 14 Pages 15-16 Pages 17-22 ~-- STAFF VERSION Agenda Item No. BC October 12,2004 Page 111 of 133 LIST OF EXHIBITS AND TABLES EXHIBIT "A" PUD MASTER PLAN APPENDIX "A" TYPICAL CROSS-SECTIONS APPENDIX "B" CONCEPTUAL WATER MANGEMENT PLAN EXHIBIT "B" BOUNDARY SURVEY EXHIBIT "C" VICINITY MAP EXHIBIT "D" PUBLIC FACILITIES MAP TABLE I PROJECT LAND USE TRACTS page 9 TABLE II DEVELOPMENT STANDARDS page 13 - 3- radCF3D9. tmp STAFF VERSION Agenda Item No. BC October 12, 2004 Page 112 of 133 ST A TEMENT OF COMPLIANCE The GGFD Station 73 Planned Unit Development (PUD) consists of +/- 9.4 acres of land located on the western side of Collier Blvd., approximately % miles north of Vanderbilt Beach Road, in Collier County, Florida. The development of this Project will be in compliance with the planning goals and objectives of Collier County as set forth in the County's Growth Management Plan (GMP). This compliance includes: I. The subject property for development is within the Urban Mixed Use District/Urban Residential Sub-district as identified on the Future Land Use Map as provided for in Objective I of the Future Land Use Element (FLUE), and the uses contemplated are consistent therewith. The Urban Residential designation includes both residential and nonresidential land uses and would appropriately include the community services facilities type of deveiopment. 2. The project development, as limited by staff, is compatibie with and complementary to existing and future surrounding land uses as required in Policy 5.4 ofthe FLUE. 3. The project development will result in an efficient and economicai extension of Essential Services as required in Policies 3.1.g of the FLUE. 4. The project is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as required by Objective 1.5 of the Drainage Sub-element of the Public Facilities Element. 5. The site is designated Urban Mixed-Use District, Urban Residential Sub-district, on the Future Land Use Map, which allows for a base residential density of four units per gross acre. The Project development allows a maximum of 16 dwelling units on 4.2 acres for the Residential Tract. The Community Services Facilities Tract is approximately 5 acres with approximately 10,000 square feet per acre of Public Facility land uses. The project density complies with the Density Rating System of the FLUE of the GMP. 6. The project meets the intent of the Urban Residential Sub-district of the FLUE in that all the proposed uses and development standards comply with guidelines as set forth in the FLUE. 7. All final local development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance. 8. The Master Plan, with its natural area, lake and open space areas, and with its moderate residential density, will insure that the developed project will be an attractive and enjoyable residential development as well as provide certain types of Essential Services necessary for this area. 9. By virtue that the project must comply with the provisions of Division 3.15 of the LDC, it will implement and further Objective 8 of the Transportation Element, - 4- radCF3D9. tmp STAFF VERSION Agenda Item No. BC October 12, 2004 Page 113 of 133 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 the GGFD Station 73 PUD. 1.2 LEGAL DESCRIPTION The subject property being +/- 9.4 acres, is located in Section 34, Township 48 South, Range 26 East, and is fully described as: The Golden Gate Fire Control & Rescue District Parcel and ROW: Commencing at the East 1/4 corner of section 34 Township 48 South Range 26 East. Thence North 2° 15'04" West along the East line ofthe Northeast Y. of said Section 34 for 334.80 feet. Thence leaving said Y. line N.89°52'17"W., a distance of 100.09 feet to a point on the West Right of Way of Collier Boulevard also being the POINT OF BEGINNING of the parcel described herein. Thence continue N.89°52'17".W, a distance of728.15 feet; Thence N.OooOO'OO"E., a distance of234.45' feet; Thence S.89°52'43"E., a distance of 17.77 feet; Thence N.00007'17"E., a distance of 100.00' feet to the south property line of Summit Place in Naples, Phase I, as recorded in Plat Book 40, Pages 80-84 ofthe Public Records of Collier County, Florida; Thence along said south property line S.89°52'43"W., a distance of 697.02 feet to the said West right-of- way of Collier Boulevard; Thence along the said West right-of-way S.02°15'04"E., a distance of334.82 feet, to the POINT OF BEGINNING of the parcel herein described. Containing 5.50 acres more or less. Subject to easements and restrictions of record. Bearings are based on the East line of the Northeast 1/4, said section 34 as being N.020I5'04"W. The Waterways Joint Venture IV Parcel: Commencing at the East Y. corner of Section 34 Township 48 South Range 26 East. Thence N2°15'04"W along the East line of the Northeast Y. of said Section 34 for 334.80 feet. Thence leaving said Y. line N89°52' 17"W a distance of 828.24 feet to the POINT OF BEGINNING of the parcel described herein. Thence continue N89°52' 17"W a distance of 493.88; Thence N02°15'13"W a distance of 334.68 feet to the South property line of Summit Place in Naples Phase 1, as recorded in Plat Book 40, Pages 80-84 of the Public Records of Collier County, Florida; Thence along said South property line S89°52'43"E a distance of525.01 feet; Thence leaving said South property line SOOo07' I7"W a distance of I 00.00 feet; Thence N89°52'43"W a distance of 17.77 feet; Thence SOooOO'OO"W a distance of 234.45 feet to the POINT OF BEGINNING of the parcel herein described. Containing 3.88 acres more or less. Subject to easements and restrictions of record. Bearings are based on the East line of the Northeast y., said Section 34 as being N02015'04"W. 1.3 PROPERTY OWNERSHIP radCF3D9.tmp - 5- ST AFF VERSION Agenda Item No. 8C October 12, 2004 Page114of133 The subject property is under the ownership of: Golden Gate Fire Control & Rescue District 4741 Golden Gate Parkway Naples, FL 341] 6 And Waterways Joint Venture IV 14627 Collier Blvd Naples, FL 34] ] 9 The applicant is: Golden Gate Fire Control & Rescue District 474] Golden Gate Parkway Naples, FL 34] 16 And Waterways Joint Venture IV 14627 Collier Blvd Naples, FL 341] 9 1.4 DEVELOPER The GGFD Station 73 PUD is intended to be developed by Waterways Joint Venture IV and Golden Gate Fire Control & Rescue District. All reference to the "Developer" as may be contained in this PUD Document shall mean Waterways Joint Venture IV and Golden Gate Fire Control & Rescue District, unless, and until the subject property described and depicted in this PUD Document is conveyed, or assigned. It is the responsibility of Waterways Joint Venture IV and Golden Gate Fire Control & Rescue District to notifY Collier County, in writing, of the land conveyance, or assignment of the subject property described and depicted in this PUD Document within six months from the actual conveyance, or assignment. 1.5 GENERAL DESCRIPTION OF PROJECT AREA A. The Project site includes portions of Section 34, Township 48 South, Range 26 East, Collier County, Florida. The subject property is located on the western side of Collier Boulevard (C.R. 95]), approximately % miles north of Vanderbilt Beach Road, Collier County, Florida. B. The zoning classification of the subject property prior to the date of this approved PUD document was A - Rural Agriculture District. 1.6 PHYSICAL DESCRIPTION The Project site is primarily located within the Harvey Drainage Basin according to the Collier Drainage Atlas. The proposed outfall for the Project is through Summit Place, overland to lslandwalk, finally into 1-75 canal. Natural ground elevation varies from 11.2 to 13.6 NGVD; average site elevation is ]2.6 NGVD. The entire site is located within FEMA Flood Zone "X" with no base flood elevation specified. The water management system of the project will include the construction of a perimeter berm with crest elevation set at or above the 25-year, 3-day peak flood stage. Water quality pretreatment will be accomplished by an on-site lake system prior to discharge through Summit Place, overland to lslandwalk, finally into 1- 7 5 canal. Maximum allowable discharge rates must comply with Ordinance 90-]0 (as amended). ,,- - 6- radCF3D9.tmp ~-._-- . STAFF VERSION Agenda Item No. 8C October 12, 2004 Page 115 of 133 Per Collier County Soil Legend dated January 1990, the soil types found within the limits of the property are: #2 - Holopaw Fine Sand, Limestone Substratum; #10 - Oldsmar Fine Sand, Limestone Substratum; and #23 - Holopaw Okeelanta Soils, depressional. ].7 PROJECT DESCRIPTION The 9.4 +/- GGFD Station 73 PUD shall be a mixed-use development consisting of a maximum of sixteen attached, single-family housing units in townhouse configured, multi-unit buildings, and a Community Services Facility located along the C.R. 951 frontage. Each residential unit is intended to be sold fee simple, including the platted lot upon which the residential unit is located. The Community Services Facility will consist of a maximum of 50,000 square feet of fire station, Fire Marshall and Fire Prevention offices, Governmental offices and other related services as limited in this document. That segment of Collier Boulevard between Golden Gate Boulevard and lmmokalee Road is planned to be improved with a six-lane divided roadway programmed to commence construction in 2005 (Capital Road Project #65061). Each residential unit will be served with centrally provided potable water, sanitary sewer, electric power, and telephone. The developer will provide a pedestrian access connecting Summit Place to the Public Facility. Additional services will be provided as deemed appropriate. 1.8 SHORT TITLE radCF3D9.tmp This Ordinance shall be known and cited as the HGGFD Station 73 Planned Unit Development Ordinance." -7- ST AFF VERSION Agenda Item No. BC October 12, 2004 Page 116 of 133 SECTION II 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, and the respective land uses of the tracts included in the Project, as well as other project relationships. 2.2 GENERAL A. Regulations for the development of the GGFD Station 73 PUD shall be in accordance with the contents ofthis document, 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. This PUD Document and attendant PUD Master Plan is generally tailored to provide specific development standards for the uses proposed by the Developer, C. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. D. All conditions imposed and all graphic material presented depicting restrictions for the development of GGFD Station 73 PUD shall become part of the regulations that govern the manner in which the PUD site may be developed. E. Unless modified, waived, or exempted through the approval of a deviation stated herein, the provisions of the Land Development Code remain in full force and effect with respect to the development of the land that comprises this PUD, F. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facílíties, of the Land Development Code, at the earliest or next-to-occur of either Final Site Development Plan approval, or Final Plat approval, or building permit issuance applicable to this development. 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The Master Plan, including layout of streets and various land uses for the project, is illustrated graphically by Exhibit "A," PUD Master Development Plan. - 8- radCF3D9.tmp STAFF VERSION Agenda Item No. BC October 12,2004 Page 117 of 133 TABLE I PROJECT LAND USE TRACTS TRACT (S) TYPE OF DEVELOPMENT ACREAGE R Residential ± 3.7 acres CF Community Services Facility ± 5.4acres P Preserve ± 0.3 acres TOTAL ± 9.4 acres ROW commitment ± 0.50 acres B. Areas illustrated as lakes by Exhibit "A' shall be constructed as lakes or, upon approval, parts thereof may be constructed as shallow, intermittent wet and dry depressions for water retention purposes. The Master Plan (Exhibit "A") shows proposed land uses for each parcel. Minor modification to all tracts, lakes or other interior boundaries may be permitted at the time of preliminary subdivision plat or site development plan approval, subject to the provisions of applicable sections of the Collier County Land Development Code or as otherwise permitted by this PUD document. C. In addition to the various areas and specific items shown in Exhibit "A," such easements, as necessary (utility, private, semi-public) shall be established within or along the various tracts as may be necessary. 2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE A maximum of 16 residential dwelling units shall be constructed in two, six-unit buildings and one, four- unit building, with each unit intended for fee simple conveyance. The gross project area is +/- 9.4 acres. The Community Services Facilities Tract is approximately five (5) acres with a maximum of 10,000 square feet per acre of Public Facility land uses. The Residential Tract is approximately 4.0 acres (including the preserve area) upon which the 16 residences will be constructed. The gross project density, therefore, will be 4.0 dwelling units per acre. 2.5 PROJECT PLAN APPROVAL REQUIREMENTS radCF3D9. tmp A. Prior to Development Order issuance for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan and the Collier County Land Development Code. 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, shall be submitted for the entire area covered by the PUD Master Plan. Any division of property and the development of the land must comply with Division 3.2 of the Collier County Land Development Code, and the platting laws of the State of Florida. C. LDC Division 3.3 shall apply to the development of all parcels of land, except when individual residential units within a multi-unit building will be owned and conveyed in fee simple individual lots. If the units are to be sold in fee simple with the underlying lot, then the proposed residential units may be developed pursuant to LDC Division 3.2. Deviation #1 ITom Division 3.3 of the Land Development Code. - 9- ST AFF VERSION Agenda Item No. BC October 12, 2004 Page 118 of 133 D. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and methods for providing perpetual maintenance of common facilities. Additionally, the developer (being the owner and developer of Summit Place In Naples to the north), his successors, or assigns will be responsible for the perpetual maintenance of the infrastructure improvements and common facilities associated with the residential component of the GGFD Station 73 PUD. E. Prior to the development of single-family attached units following the development standards set forth in Table II of this document, in which each unit is on a separate platted lot, the Developer must submit additional pages in the Improvement Plans required by Section 3.2.8. of the Land Development Code, to show typical lots, and typical footprints of the proposed attached single-family residences, including any anticipated accessory structures to the Planning Services Department. The purpose of these additional sheets is to depict the unit/building relationship with project boundaries and lot lines, provision for achieving the minimum space between attached single-family buildings, and to ensure that no one lot is adversely impacted by failing to provide the required side-yard in a uniform manner. It must be understood that no side-yards are required between units, where multiple units, intended for fee simple conveyance, including each individual lot, are contained in a single principal structure. F. The formal review and public notice requirements usually associated with new communication towers have been satisfied through the PUD rezoning procedures that preceded the adoption of the GGFD Station 73 PUD. 2.6 LAKE SETBACK AND EXCAVATIONS -Þr. Lake setbacks must conform to the requirements described in Section 3,5.7.1.1. and 3.5.7.1.2. of the Land Development Code. Lakes may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1. of the Land Development Code. Removal offill from the GGFD Station 73=PUD is limited to an amount up to ten percent (10%), to a maximum 20,000 cubic yards, of the total volume excavated unless a commercial excavation permit is received. 2.7 DEDICATIONS AND MAINTENANCE OF COMMON AREAS & FACILITIES Easements shall be provided for water management areas, rights-of-way, and utilities. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time of adoption of this Ordinance establishing the GGFD Station 73 PUD. 2.8 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance or PUD Master Development Plan, Exhibit "A," as provided for in Section 2.7.3.5. ofthe Collier County Land Development Code, except as limited by PUD document Section GGFD Station 73 PUD. 2.9 REOUlRED ENVIRONMENTAL PERMITIING Where the development of land within the GGFD Station 73 PUD requires a permit from a local, State, or Federal agency with jurisdiction over the property proposed for development, the Developer shall obtain such permits prior to final development order approval. 2.10 NATIVE VEGETATION RETENTION REOUlREMENTS Pursuant to Policy 6.4.6 of the Conservation and Coastal Management Eiement of the Collier County Growth Management Plan, and Section 3.9.5.5.3 of the Collier County Land Development Code, a minimum of 0.33 acres (15% of the native vegetation on site) is required to be retained or replanted. - 10- radCF3D9.tmp -~"._-~.'- STAFF VERSION Agenda Item No. BC October 12, 2004 Page 119 of 133 Tract "P," contains approximately .33 acres. For the purposes of this PUD, the Preserve Tract will fully satisfY the native vegetation requirements of Collier County. Viable, naturally functioning native vegetation areas do not include those areas of vegetation that have seventy-five percent (75%), or greater aerial coverage of exotic species. Piease refer to Appendix "A," Typical cross-sections, for details related to separation of structures ftom native vegetation preserve areas. 2.11 PUD INTERFACE WITH ZONING TO THE NORTH The GGFD Station 73 PUD is bounded on the north by a 98.4-acre property that is developing as the Summit Place In Naples subdivision under the existing zoning of Hibiscus Village PUD. That property is being rezoned to PUD, and will carry the name of Summit Place In Naples. That project is developing with the same attached single-family townhouse product line being proposed in this PUD. By mutual agreement between the GGFD Station 73 PUD property owners and the Summit Place in Naples PUD property owners, it has been determined that the Summit Place In Naples PUD will provide the infrastructure, including access, to the residential buildings proposed to be located in the GGFD Station 73 PUD. The Amended and Restated Real Estate Exchange Agreement between Waterways Joint Venture IV and the Golden Gate Fire Control and Rescue District articulates the development commitments for the construction and perpetual maintenance of common facilities between the two adjacent developments. However, the ultimate responsibility to ensure that all inftastructure requirements have been met must be borne by the developer of GGFD Station 73 PUD. Perimeter buffering that would typically be required between different zoning districts will not be provided at the southern boundary of Summit Place In Naples PUD and the residential portion of the GGFD Station 73 PUD. Section 6,9 of this PUD Document provides for the necessary deviation to allow this development intent. However, it is the responsibility of GGFD Station 73 PUD to ensure that the tree plantings are placed within the Summit Place of Naples as referenced in the deviation. Should the residential component of the GGFD PUD not be developed, all required internal and perimeter buffering and wall requirements must be provided by GGFD Station PUD within the subject property boundaries of that PUD. 2.]2 LINKAGE TO COLLIER COUNTY LAND DEVELOPMENT CODE Pursuant to Subsection 2.7.3.3. of the Land Development Code, upon adoption of the PUD Ordinance and attendant PUD Master Plan, the provisions of the PUD document become a part of the Land Development Code and shall be the standards of development for the PUD. Thenceforth, development in the area delineated as the GGFD Station 73 PUD District on the Official Zoning Atlas shall be governed by the adopted development regulations set forth in this PUD Document, PUD Master Plan, and applicable provisions of the Land Development Code. - 11 - radCF3D9.tmp ST AFF VERSION Agenda Item No. BC October 12, 2004 Page 120 of 133 SECTION III RESIDENTIAL AREA PLAN 3.1 PURPOSE The purpose of this Section is to identifY specific development standards for areas designated as Tract "R" on the PUD Master Plan, Exhibit "A." 3.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units allowed within the PUD shall be established at the time of development plan review, but the total number must not exceed 16 dweIJing units. 3.3 USES PERMITTED No building or structure, or part thereof, shall be erected, altered, or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1) Single-family attached dwe1\ings (including townhouses intended for fee simple conveyance including the platted lot associated with the residence). B. Accessory Uses: 1) Customary accessory uses and structures including, but not limited to, private garages, tennis facilities, and swimming pools with, or without screened enclosures, and other outdoor recreation facilities. 2) Utility facilities and or easements (including rights-of-way easements). 3) Water management facilities/lakes. 3.4 DEVELOPMENT STANDARDS A. GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Condominium, and/or homeowner's association boundaries shall not be utilized for determining development standards. B. OFF-STREET PARKING AND LOADING REQU1REMENTS As required by Division 2.3 of the Collier County Land Development Code in effect at the time of building permit application. - 12- radCF3D9.tmp ^,.~."- Notes: 1) 2) 3) STAFF VERSION Agenda Item No. BC October 12, 2004 Page 121 of 133 TABLE II DEVELOPMENT STANDARDS DEVELOPMENT STANDARDS SINGLE FAMILY COMMUNITY FACILITIES ATTACHED TOWNHOUSE BUILDINGS PRINCIPAL STRUCTURES MINIMUM LOT AREA 2,250 S.F. 10,000 S.F. MINIMUM LOT WIDTH 25 FEET N/A MINIMUM FLOOR AREA 1,000 S.F. N/A MINIMUM FRONT YARD (ROW)-- 20 FEET* 50 FEET MINIMUM SIDE YARD (Per Unit) o FEET or 30 FEET 6 FEET MINIMUM REAR YARD 15 FEET 30 FEET MIl\ilMUM PRESERVE SETBACK 25 FEET 25 FEET MINIMUM DISTANCE BETWEEN BUILDINGS 12 FEET or 12 FEET or Y> BH whichever is greater Y> BH whichever is greater MAXIMUM BUILDING HEIGHT 2 STORIES 2 STORIES NOT TO EXCEED 35 FEET 35 FEET ACCESSORY STRUCTURES (eleel!t as further limited in PUD Se£tion S.i.B.) MINIMUM FRONT YARD S.P.S. S.P.S. MINIMUM SIDE YARD (Per Unit) S.P.S. S.P.S. MINIMUM REAR YARD (ATTACHED) 5 FEET S.P.S. (DETACHED) 5 FEET S.P.S. MINIMUM PRESERVE SETBACK IO FEET 10 FEET MINIMUM DISTANCE BETWEEN ACCESSORY BUILDINGS 15 FEET 15 FEET or Y> BH whichever is greater MAXIMUM BUILDING HEIGHT 2 STORIES 2 STORIES NOT TO EXCEED 35 FEET 40 FEET S.P.S.: Same as Principal Structures. BH: Building Height * Roadway access will be provided trom the Summit Place in Naples PUD The location of structures proposed acijacent to a lake may have no setback from the lake maintenance easement. No structures are permitted in the required, 20-foot lake maintenance easement. All garages associated with residential units proposed in Tract "R" must be located a minimum of 23 feet from the back of the sidewalk located in the street rights-of-way closest to the garage, except for side load garages, wherein a parking area 23 feet in depth must be provided generally perpendicular to the garage opening to avoid vehicles being parked across a portion, or all of the referenced sidewalk. radCF3D9. tmp - 13- STAFF VERSION Agenda Item No. BC October 12, 2004 Page 122 of 133 SECTION IV PRESERVE AREAS 4.1 PURPOSE The purpose of this Section is to set forth the development plan for areas designated as Tract "P," Preserve Area on Exhibit "A," PUD Master Plan. The primary function and purpose of this Tract is to preserve and protect vegetation and naturally functioning habitats, such as wetlands, including upiand buffers, in their natural, and/or enhanced state. 4.2 USES PERMITTED No buiiding or structure of part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following, subject to regional, state and federal permits when required: A. Principal Uses: 1. Native preserves. 2. Water management structures. 3. Mitigation Areas 4. Hiking trails, boardwalks, shelters, or other such facilities constructed for the purposes of passage through or enjoyment of the site's natural attributes, subject to approval by permitting agencies. -14- radCF3D9.tmp ------- STAFF VERSION Agenda Item No. BC October 12, 2004 Page 123 of 133 SECTION V COMMUNITY SERVICES FACILITIES AREA PLAN 5.1 PURPOSE This District is intended to implement the Future Land Use Element of the Growth Management Plan by permitting nonresidential land uses as generally identified in the Urban Designation of the Future Land Use Element. These uses can be characterized as public facilities, safety service facilities, and other government uses that will serve the community at large. The dimensional standards are intended to insure compatibility with existing or future nearby residential development. 5.2 PERMITTED USES No other building or structure, or part thereof, shall be erected, aJtered, or used, or land used, in whole or part, for other than the following uses: A. Permitted Uses 1. Fire Protection [9224 per the Standard Industrial Classification Manual (SIC Code)], but further limited to a Fire Station as that term is defined in the LDC Article 6, and a Fire Marshal's Office, an Emergency Management Services (EMS) facility, and a Fire Prevention Office. Fire Station Services, Ancillary, as that use is defined in LDC Article 6 use is prohibited. 2. Police Protection, (9221) limited to a Sheriff's Office only, 3. Public Finance, Taxation, and Monetary Policy (9311) limited to a Property Tax Assessors Office only 5.3 PERMITTED ACCESSORY USES 1. Accessory uses and structures customarily associated with the principal uses 2. Communication Tower: The tower must be limited to a flag pole "steaJth design," and the tower's height will be limited to a maximum of 135' or to the minimum height required by the essential service use whichever is the lesser amount, with Radio Frequency (RF) calculations to support the essential service use height request to be provided by the applicant at time of SDP submittal 2. Commercial use of the Communication Tower beyond the height required by the essential service use is prohibited. 5.4 DEVELOPMENT STANDARDS A. Refer to Table II, Development Standards in Section III of this PUD Document; B. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with the Collier County Land Development Code in effect at the time of Site Development Plan approval. C. All buildings, lighting, signage, landscaping, site design, and architecture infrastructure shall be architecturaJly and aesthetically unified, and must comply with the Architectural and Site Design Guide]ines and Standards of the Land Development Code. Said unified architectural radCF3D9. tmp - 15- radCF3D9.tmp ST AFF VERSION Agenda Item No. BC October 12, 2004 Page 124 of 133 theme shall include: a simiiar architectural design and use of similar materials and colors throughout all of the buiidings, signs, and walls to be erected on the site. All buildings shall be primarily finished in light colors except for decorative trim. Compliance with the architectural standards will be demonstrated at time of Site Development Plan submittal. D. More than 50 percent of the parking may be located between the primary facades and Collier Boulevard, per LDC Section 2.8.3.1.4, Deviation #5 seeking relief from LDC Section 2.8.3.1.4., that requires no more than 50% of the off-street parking for the entire commercial building may be located between any primary façade and the abutting street, to allow 100 percent of the parking to be between the primary façade and the abutting street is approved. E. Landscaping and streets cape materials shall also be simiiar in design throughout the site. F. Maximum square building square footage within this area must not exceed 50,000 square feet, subject to compliance with all other applicable regulations of the LDC and other state and federal codes and laws. - 16- STAFF VERSION Agenda Item No. BC October 12, 2004 Page 125 of 133 SECTION VI DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section is to set forth specific development commitments for the development of the Project. 6.2 GENERAL All facilities shall be constructed in strict accordance with site development plans, final subdivision plats and all applicable State and local laws, codes and regulations applicable to the PUD. The standards and specifications of Division 3.2 of the Land Development Code shall apply to this Project even if the land within the PUD is not to be platted. The Developer, his successor and assigns, shall be responsible for the commitments outlined in this document. 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 developer its, successors, and assigns, until of turnover ofthe property to any property or homeowners' association. The Developer, his successor or assignee, shall 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, any successor or assignee in title to the developer is subject to the commitments within this agreement. 6.3 PUD MASTER PLAN A. Exhibit "A," PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, lot and land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or site development plan application. Subject to the provisions of Section 2.7.3.5 of the Land Development Code, amendments may be made from time to time, except as limited in PUD Section 5.4.8. 8. All necessary easements, dedications, or other instruments shall be granted to ensure the continued operation and maintenance of all service utilities in all common areas in the project. 6.4 SCHEDULE OF DEVELOPMENTfMONITORING REPORT AND SUNSET PROVISION A. This PUD is subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. B. An annual PUD monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Land Development Code. 6.5 TRANSPORTATION radCF3D9.tmp A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual on Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the Collier County Land Development Code (LDC). B. Arterial level street lighting shall be provided at all access points. Access lighting must be in place prior to the issuance of the first Certificate of Occupancy (CO). - 17- ST AFF VERSION Agenda Item No. BC October 12, 2004 Page 126 of 133 C. Site-related improvements necessary for safe ingress and aggress 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. D. Road impact fees shall be paid in accordance with Collier County Ordnance 01-13, as amended, and Division 3.15 LDC, as it may be amended. E. All work within Collier County rights-of-way or public easements shall require a Right-of-Way Permit. F. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution 01-247), as it may be amended, and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this PUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. G. Nothing in any zoning approval or 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, be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. H. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier County shall have no responsibility for maintenance of any such facilities. 1. If any required turn lane improvement requires the use of existing County right-of-way or easement, compensating right-of-way, shall be provided without cost to Collier County as a consequence of such improvement. 1. 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. K. This project's PUD Master Plan provides interconnections with adjacent developments. The PUD Master Plan indicates the 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 ianguage into the development covenants or plat. The access point shown on the property to the south will provide for emergency vehicles to access the full median opening and future signalized intersection on CR 951. L. This project's residential component will be provided access through the adjacent Summit Place PUD, and an interconnection is planned to the south to Wolfe Road thru the adjacent tract. 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. 6.6 WATER MANAGEMENT A. Detailed paving, grading and site drainage plans shaH be submitted to Engineering Review Services for review and approval. No construction permits shall be issued unless and until Planning Services Staff grants approval of the proposed construction in accordance with the approved plans. - 18- radCF3D9.tmp ST AFF VERSION Agenda Item No. BC October 12, 2004 Page 127 of 133 B. An excavation permit wi]] be required for the proposed lakes in accordance with the Collier County Land Development Code and South Florida Water Management District Rules. C. The water management system is to be a part of the larger system permitted by the South Florida Water Management District for Hibiscus Village PUD. The system will attenuate the runoff of the GGFD PUD and the Summit Place area. 6.7 UTILITIES The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: A. Water distribution and sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned, and maintained in accordance with Collier County Ordinance No. 04-31, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities will be considered to be customers of the County, and will be billed by the County in accordance with the County's established rates. 6.8 ENVIRONMENTAL radCF3D9.tmp The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules, and be subject to review and approval by Environmental Review Staff. Removal of exotic vegetation alone shall not be the sole component of mitigation for impacts to Collier County jurisdictional wetlands. B. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans, and shall be recorded on the plat with protective covenants per, or similar to, Section 704.06, Florida Statutes. All setbacks and buffers shall be provided in accordance with 3.9 of the Collier County Land Development Code. C. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of the wetland preserves in all places, and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resource Permit Rules, and be subject to review and approval Environmental Review Staff. D. The PUD shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USF&WS) and the Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to "listed species," Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Environmental Review Staff for review and approval prior to final site plan/construction plan approval. E. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, must be submitted to Environmental Review Staff for review and approval prior to final site plan/construction plan approval. This plan shall include methods and a time schedule for removal of exotic vegetation within conservation/preservation areas. F. The PUD, except as provided for in the lawfully adopted PUD Ordinance, shall be consistent with the environmental sections of the Collier County Growth Management Plan, Conservation - ] 9- STAFF VERSION Agenda Item No. BC October 12, 2004 Page 128 of 133 and Coastal Management Element and the Collier County Land Development Code in effect at the time of final development order approval. G. At the time of the first development order submittal, the petitioner shaH provide copies of their SFWMD, Environmental Resource Permit applications. H. In the event the project does not require platting, all conservation areas shall be recorded as conservation / preservation tracts or easements dedicated to the project's home owners association or like entity for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance. 1. Preserve areas must not be located on a berm; they must be at natural ground level. or a filled area with a slone no steeoer than ] 0: 1. and must meet all requirements per 3.9.5.5.6, 6.9 LANDSCAPE BUFFERS. BERMS. FENCES. AND WALLS Landscape buffers, berms fences and walls must be provided in accordance with Collier County LDC in effect at the time of building permit application, except as otherwise provided for within the list of deviations. The following standards will apply: A. Landscape berms may have the following maximum side slopes: ] ) Grassed berms 4:] 2) Ground Cover berms 3:] B. No buffer is required along the northerly property boundary of Tract R, where the proposed project abuts the developing subdivision to the north (Summit Place). However, the trees that would be required as a part of that buffer will be provided north of the common PUD boundary, in Summit Place, as a part of the landscaping for the residential units, with some flexibility for number of trees and spacing based on driveway locations. The land use buffering intent of the LDC will be satisfied with the perimeter landscape buffer and nature preserve on the south boundary of Tract "R" in the GGFD Station 73 PUD. Deviation #2 from Section 2.4.7.2. of the LDC related to a requirement to create a perimeter land use buffer between the developing Summit Place subdivision and the proposed residential component of the GGFD Station 73 MPUD C. No toe-of-slope setback is required from the common property/tract boundary of the Residential tract (Tract R), and the Community Facilities tract (Tract CF). A required land use buffer will be unequally shared between the Community Faciiities Tract (Tract CF), and the Residential Tract (Tract R). A wide (varying 40'-50'), bermed, landscaped, land use buffer will be installed between, and unequally bridging the boundary separating the Community Facility tract (Tract CF), and the Residential tract (Tract R). Deviation #3a from Section 2.4.4.] 8. ofthe LDC where a 5-foot setback is required from a property line for the toe-of-siope, when the proposed berm is greater than two feet in height is approved, D. No toe-of-slope setback is required between the common property/tract boundary of the Community Facilities tract (Tract CF), and the property boundary ofthe developing Summit Place subdivision. The required land use buffer will be unequally shared between the Community Facilities Tract (Tract CF), and the Residential Tract (Tract R). A wide (varying 40'-50'), bermed, landscaped, land use buffer will be installed between, and unequally bridging the boundary separating the Community Facility tract (Tract CF), and the Residential tract (Tract R). Deviation #3b from Section 2.4.4.18. ofthe LDC where a 5-foot setback is required from a property line for the toe-of-slope, when the proposed berm is greater than two feet in height is approved. E. No toe-of-slope setback is required from the common property/tract boundary of the Residential tract (Tract R) in the GGFD Station PUD, and the proposed Palermo Cove RPUD. A berm ed, landscaped, - 20- radCF3D9.tmp -"""'Þ_-~~"-"- ~-"-- 6.]0 STAFF VERSION Agenda Item No. BC October 12, 2004 Page 129 of 133 buffer will be installed between, and bridging that common boundary. Cross-section B-8, on Sheet 5 of 5 of the PUD Plans Set illustrates this common berming. Deviation #3c from Section 2.4.4.] 8. of the LDC where a five-foot setback is required from a property line for the toe-of-slope, when the proposed berm is greater than two feet in height is approved. F. No toe of slope setback is required from the common property/tract boundary of the Residential tract (Tract R) and the Community Facilities tract (Tract CF) within this project and the property to the south (the proposed water management site for the County Road 951 improvements). A berm ed, landscaped, buffer will be installed between, and bridging that common boundary. Cross-sections E,-E¡, and E2-E2 on Sheet 5 of 5 ofthe Master Plan Set illustrates this common buffer. G. No masonry wall, or prefabricated concrete wall/fence is required between the Residential Tract "R", and the Community Facility Tract "CF" in the proposed PUD, nor will a similar wall/fence be installed between the Community Facility Tract "CF" in the proposed PUD and the Residential Tract "R" in the Summit Place In Naples Phase I subdivision to the north. Instead, the developer must provide a 40-50 foot wide Type "C" buffer area that is no less than 3-5 feet high as shown on Sheet 3 of 5, the Conceptual Water Management Plan. A double row hedge must be incorporated into the Type "C" buffer design and installation. Deviation #4 from LDC Section 2.6.11.4.2 is approved. H. Pedestrian sidewalks, bike paths, water management facilities and structures may be allowed in landscape buffer areas, provided that the landscape buffer area is increased by an equivalent width. 1. Landscape plantings associated with the attached single-family residential buildings must comply with LDC Section 2.4.6.6. J. The communication tower must meet all LDC 2.6.35 and 2.4.6.4. requirements and standards. LANDSCAPE AND BUFFERS FOR OFF STREET 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. 6.] I ACCESSORY STRUCTURES Accessory structures may be constructed simultaneously with, or following the construction of the principal structure. A construction office may be constructed after zoning approval but before construction of any principal structures. 6.]2 SIGNS All signs shall be in accordance with Division 2.5 of Collier County's Land Development Code in effect at the time of sign permit approvals. 6.13 POLLING PLACES Pursuant to Section 2.6.30 of the Land Development Code, provisions shall be made for the future use of a building within the public facility of the Project to accommodate an electoral poIling place. An agreement recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding on any and all successor owners in interest that acquire ownership of such common areas including, but not limited to, condominium associations, and homeowners' associations, This agreement shall provide for a common space sufficient in size to meet the needs of the Supervisor of Elections in providing space for electors residing within the development. 6.14 HISTORJCAL / ARCHAEOLOGICAL radCF3D9.tmp - 2] - radCF3D9.tmp STAFF VERSION Agenda Item No. 8C October 12, 2004 Page 130 of 133 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 Community Development Services administrator or his designee and compliance services contacted as noted in Section 2.2.25.8.1 of the Land Development Code. - 22- ü'<:t("") 00°(",,) ° ..- o C"'¡"_ Z - 0 C\J E"-M Q.)......- .....Q.) -..QQ.) roOOJ -o.....ro cüa.. 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I , I I (" I I , I~ , , , ~ , ~ , ,~ , ~ , , , . I . .; V v n ~, .. , , 0:£ 1'1 , , , , - Ii ~, r¡.: ¡ I '----- I' jl . I ' ~~. ~ I : , ~ ~;I i ~ ~~ï ¡ ¡ .,. ~~: i i ~~ :~:~ II. LLJ gi U c.... Ii j I' ~ ""'" '" """ .. - ... cor Ii ~I ~. Jl·~~ ~ . ~ . 'I : (, , ,I I: ¡ ~.¡ , !~i ; ,;~ , ~:. ~~~ . ;' , ~ : ;~~ , ~~¡ ~~¡ i¡. :;::ils ! ~~f ~~~ ~;¡~ ·'l B. J .Ii Ii - ~. , !!, . G 1i í ~i.i . ,~ i~¡ I'~ I ~::b , . : I : ~ ir.~~ v - , I " , I I I ~ . ~ . -- '"'H''''' cxrl6lO-W """".- u_ i ~¡ ~¡ !~ :i u h II ~~ ,s. .¡g W S ':~ ~" rl~ j' ~ ~' ~ Agenda Item No. 80 October 12, 2004 Page 1 of 30 --- EXECUTIVE SUMMARY Consideration of an ordinance providing for the creation of the Collier County Administrative Code; providing for the subsequent amendment, revision, or modification to that Administrative Code; providing for conflict and severability; providing for codification and inclusion in the Code of Laws and Ordinances; and providing for an effective date. OBJECTIVE: To consider an ordinance adopting an administrative code that will allow for the comprehensive compilation of those procedures that are regularly performed by County government for selected administrative, i.e., staff functions. r- CONSIDERA TIONS: As the last part of the overall revisions to the recently re-codified Land Development Code (LDC) and corresponding amendments to the Code of Laws and Ordinances (CLO or Code of Laws), the Board has been previously apprised of the intended relocation of selected procedures from those codes to an administrative code. This ordinance creates that administrative code and the minimum regulations necessary to add to, and amend, that code in a simplified and expeditious method by resolution. The discretion as to how to further administer the administrative code itself is delegated to the County Manager. Additionally, the ordinance adopts as part of the new Administrative Code those provisions contained in Exhibit "A," which were formerly part of the LDC and pertain to the fee schedule for the Community Development & Environmental Services Division and Construction Standards formerly located in Article 3, Development Standards. The ordinance states that the Board has determined that the creation of the Administrative Code is in the best interests of the efficient administration of the County's governmental powers and that such administrative codes are authorized pursuant to Section 125.74 (1)U), Fla, Stat. (2004). Lastly, these basic regulations creating and governing the Administrative Code will be codified as part of the Collier County Code of Laws. FISCAL IMPACT: No fiscal impacts are anticipated; however, the ease of amendment of procedures formerly included as part of the County's other regulations (GMP, LDC, Code of Laws) should result in lower costs and faster turn around times for revisions to procedures. GROWTH MANAGEMENT IMPACT: Adoption of an Administrative Code is consistent with and would further implement the Goals, Objectives, and Policies of the GMP. RECOMMENDATION: That the Board approve the proposed Ordinance adopting an Administrative Code for Collier County, including Exhibit A, containing initial provisions of the Collier County Administrative Code. Prepared by: Russell Webb, Principal Planner Department of Zoning and Land Development Review ~ Page 1 of 1 Item Number Item Summary Meeting Dete Approved By Patrick G. White County Attornœy Agenda Item No. BD Oc1ober 12,2004 Page 2 af 30 COLLIER COUNTY BOARD Of COUNTY COMMISSIONERS eo COrH¡iduralior¡ of an ordinance providing fot' thð crea~ion or th~ Collier County AdlTlit,¡,trative Code; providing fOf the 5ubsequent amendment revision, or modi1icatioP"l to that Ad01iní¡trative Code; prcvidlng for conniet and severability·, providing for codific:slíon and irlclu!ion in the Code of Laws 30d Ordinanc.es: Ind providing: for an effe:r..tlve date. 1011212004 9:00.00 AM Assistant County Attorney Date County Attorney Office il3012004 2:31 PM Sandra. Le. Date Approved By Community Development & Envh'o"n,ental SeNicl!!15 Executive Secretary Communltv Development & Environmental Services AÒmín. 9/30/2004 3:10 PM David C. Weigøl County Attorney Date Approved By County Attorney County Attorney Office 9/30/2Ð04 4:31 PM Approved By Dete Joseph K. ::Schmitt Community Development & Environmental SO'rvlcetl Community Development & Environmental Services Admín5ltrator cDmmunlty Deovelopment & Envlronmclntu1 Services Admin. 9/30/2004 8:21 PM Approved By Zoning & land Development Director Dale Susan Murray. AIC? Community Development & Environmental Servlcn Zoning & land Development Review IÐ11/2004 1:04 PM Pat Lehnl1ard Administrative An stant DIBte Approved By County Manager's Office Office of Management & Budget 1011/20042:14 PM Mark lsuckaon Budget Analyst D... Approved By County Manager's orne\!! Offlc.e of Management & Budget 10/41200411:21 AM Michael Smykowskl Date Approved By County Manager's Office Management & Budget Director OWce of Mllno.¡¡œ:ment & Budgvt 10141200412:25 PM James V, Mudd County Manager Date Approved By Board of county CornmlusÎonera County Man.gor's. Offic& 10/5120043:20 PM Agenda Item No. 8D October 12,2004 Page 3 of 30 ORDINANCE NO. 2004- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE CREATION OF A COLLIER COUNTY ADMINISTRATIVE CODE; PROVIDING FOR THE SUBSEQUENT AMENDMENT, REVISION, OR MODIFICA TION TO THAT ADMINISTRATIVE CODE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR CODIFICATION AND INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. RECITALS WHEREAS, the Board of County Commissioners ("Board"), as the goveming body in and for Collier County, desires to provide for a comprehensive compilation of those certain procedures that are followed for selected administrative functions regularly performed by County government; and WHEREAS, the Board has determined that its creation of an Administrative Code is in the best interests of the efficient administration of the County's governmental powers and that such administrative codes are authorized pursuant to Section 125.74 (1)0), Fla. Stat. (2004); and WHEREAS, this Ordinance is intended to establish an Administrative Code and' to provide for a simplified and expeditious method to maintain and amend that Administrative Code. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: RECITALS The foregoing Recitals are true and correct and are incorporated by reference herein as if fu IIy set forth. SECTION TWO: CREATION OF, AND SUBSEQUENT AMENDMENTS, REVISIONS, OR MODIFICATIONS TO, AN ADMINISTRA TlVE CODE. The Collier County Code of Laws and Ordinances is amended to add the following provisions to Chapter 2, Administration, in Article 1, In General, as Section 2-10, et seq., thereof, and reserving those sections presently "Reserved" and not otherwise used or required by this Ordinance: Page I of4 Words £Iru~)¡ IAra;¡gA are deleled, words underlined are added Agenda Item No. 80 October 12, 2004 Page 4 of 30 Sec. 2-10. Administrative Code. A Collier County Administrative Code. authorized pursuant to Section 125.74 (1) (i). Fla. Stat. (2004). is to be created and maintained by the County Manaoer as provided for in this Code. The classification and numberino system for cataloouino the provisions of the Administrative Code will be as specified bY procedures set forth in an adopted administrative code provision, as will be any procedures for the draftinc and review of such provisions prior to their adoption. Sec. 2-11. Amendment of Administrative Code. All amendments, additions. revisions, or modifications recuired to maintain the Collier County Administrative Code will be made bY resolution of the Board adopted by maiority vote at any reaular or special meetino of the Board. Such resolutions may be placed as an item on the reoular, consent. or summary meetinc aoenda, as deemed appropriate bY the County Attorney in consultation with the County Manaaer. Sec. 2.12. Form of Administrative Code. All provisions of the Administrative Code are to be published on a form substantially similar to that set forth in Exhibit A. below: ADMINISTRATIVE CODE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS CATEGORY: CODE NUMBER: CODE SECTION HEADING: ADOPTED: AMENDED: ORIGINATING DIVISION/DEPARTMENT: PURPOSE/SCOPE: , POLICY/PROCEDURE: [pa e#] AC X-X:Y Exhibit A Page 2 of4 Words slruQk Il1rslIgR are deleted, words underlined are added Agenda Item No. 80 October 12, 2004 Page 5 of 30 SECTION THREE: ADOPTION OF PROVISIONS INTO ADMINISTRATIVE CODE The provisions contained in Exhibit "A," attached hereto and incorporated by reference as if fully set forth herein, are hereby adopted as the initial provisions of the Collier County Administrative Code. SECTION FOUR: CONFLICT AND SEVERABILITY In the event that this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive provisions will apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion is to be deemed a separate, distinct and independent provision and such holding will not affect the validity of the remaining portion. SECTION FIVE: CODIFICATION, INCLUSION IN ADMINISTRATIVE CODE AND SCRIVENER'S ERRORS The provisions of this Ordinance are to be made a part of the Collier County Code of Laws and Ordinances, and the text of Exhibit "A" is to be made a part of the Collier County Administrative Code consistent with the form adopted as part of Code of Laws Section 2-12 in its Exhibit "A." The sections of the Ordinance may be renumbered or re-Iettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. Typographical/Scrivener's errors which do not affect the intent of the Ordinance's provisions may be authorized by the County Manager, or his designee, without need of further public hearing, by filing a corrected or re-codified copy of the same with the Clerk of the Circuit Court. SECTION SIX: EFFECTIVE DATE This Ordinance will become effective upon filing with the Department of State, except that the provisions of the adopted Administrative Code set forth in Exhibit A of Section Three are effective at 12:01 A.M., on October 18, 2004. Page 3 of4 Words BtruGI¡ thre\lgh are deleted. words underlined are added PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ,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 4 of4 Words struek t\¡rBygll are deleted, words underlined are added Agenda Item No. 8D October 12, 2004 Page 6 of 30 ,,----- Agenda Item No. 8D October 12,2004 Page 7 of 30 EXHIBIT "A" ADMINISTRATIVE CODE FOR FEES Establishment of schedule of fees, costs and other charges. The board of county commissioners will, from time to time as deemed necessary, establish and adopt a schedule of fees and charges for application and document processing, public meetings, public hearings, other meetings and hearings, transcripts, approvals, denials, development permits, development orders, development, construction, interpretations, enforcement, inspection services, sales of documents, review, resubmission, and any other zoning or development related services, and any other services provided or costs incurred by or on behalf of the county as specified in this administrative code. Maintenance and amendment of schedule. The schedule of fees, costs and other charges shall be maintained in the county manager's office and shall be available for public inspection during normal business hours. Additional copies or part or all of the schedule of fees, costs and other charges may be maintained in other appropriate county departments. The schedule of fees, costs and other charges may be amended, modified or otherwise changed in accordance with the procedures of this administrative code. Payment of fees, costs, and other charges. The appropriate fees, costs, and other charges specified in the schedule of fees, costs and other charges must be submitted with, and paid at the time of, initial application submission or other initial document submission except as otherwise specified in this administrative code or the schedule of fees, costs, and other charges. The applicant, or if no applicant, the person requesting the county service, document, or other item, will be responsible for the payment of all fees, costs and other charges identified in the schedule of fees, costs and other charges, except as expressly provided otherwise in this administrative code or the schedule of fees, costs, and other charges. The fees, costs, and other charges specified in the schedule of fees and costs and other charges will be twice the amount listed for petitions or requests applied for, or on approval after- the-fact, with the exception of minor after-the-fact yard encroachment requests. Until the applicable fees, costs and other charges have been paid in full, no action or activity of any type or kind will be taken on any other pending application, petition, or request. The provisions contained in this section do not apply to any impact fee regulations. * * * * * * * * * * * * Agenda Item No. 80 October 12, 2004 Page 8 of 30 ADMINISTRATIVE CODE FOR COLLIER COUNTY CONSTRUCTION STANDARDS MANUAL Title and Purpose. The following document and any provisions contained herein may be referred to as the Collier County Construction Standards Manual (hereafter "Construction Manual" or "Construction Standards"). The purpose of these Construction Standards is to ensure that development projects within the County conform to aesthetically pleasing and structurally sound standards in order to maintain the character of the community and provide a safe environment for the citizens to live in, Design requirements for subdivisions. A. The design of the required improvements for all subdivisions and developments pursuant to section 10.02.03 of the Land Development Code within Collier County must be in accordance with generally accepted professional engineering principles and practices. The standards established in this section are intended only as minimum guidelines for the design engineer and are not intended to deprive the engineer of their responsibility for the technical adequacy of his design or freedom to use his engineering judgment and discretion in the practice of his profession. 8, Design data, such as calculations or analyses, must be submitted along with the subdivision and development improvement plans covering important features affecting design or construction prior to the issuance of any required county development orders, permits or approvals. Such calculations and analyses may include, but not be limited to: low and high water elevations, utility hydraulic and drainage calculations, subsurface soil data, alternate pavement and sub-grade types and centerline elevations when the minimum standards of Florida department of transportation or the American Association of State Highway and Transportation Officials are inadequate, inappropriate or not applicable. C. The design of all required improvements must be equivalent to the county design requirements established in any adopted county regulation, as applicable, including the following. 1. Access. Access to lots within a subdivision shall be designed to accomplish access to the lots by use of local streets, Access to residential lots must be in accordance with Code of Laws chapter 110, article II, construction standards handbook for work within the public right-of-way as set froth in Ordinance No. 93-63, as amended. .-,------.'" .-..__.~..-- Agenda Item No. 80 October 12,2004 Page 9 of 30 a. Intermittent access points to marginal access roads must be a minimum of 660 feet apart. Access points to marginal access roads must be provided with appropriate turn lanes, signalization or other necessary traffic control measures. When double-frontage lots are created adjacent to a collector or arterial street and a local street, they must front on the local street, which will provide access to said lot. Access to the lot will not be provided by means of the major collector or arterial street. In such cases, the lot will be buffered as required herein. Access management regulations as required by the Growth Management Act and county comprehensive plan, when implemented, will supersede this section where applicable. Where access locations are not consistent with the county's access management policy, a separate access capacity analysis will be required to identify capacity impacts and appropriate mitigation. b. In the case of commercial or industrial subdivisions which contain or include parcels which are separated by common parking area or other common area, sometimes referred to as "outparcels", "anchor store parcels", or "fee simple footprint parcels", or an integrated phased development as defined in Section 1.08.00 of the Land Development Code, access will be created through an internal access provision documented on the final subdivision plat. Internal access provisions shown on the final subdivision plat will include by way of example, but not limited to, cross-covenants, cross-easements, dedicated access tracts, or the like, and will clearly and specifically identify the dominant and servient estates involved, and the scope and duration of such internal access provision. 2. Alleys. Industrial, commercial and residential alley along the rear/ot lines must have an alley easement at least 24 feet wide containing a vehicular pavement width of at least ten feet. a. The alley edge of pavement-radius must be a minimum of 15 feet and be designed for the appropriate design vehicle. b. Alley grades must not exceed five percent or be less than 0.3 percent. c. All alleys created must be owned and maintained by a property owners' association or other similar entity and will be so dedicated on the final plat. 3. Blocks. The length, width and shape of blocks are to be determined with due regard to: Agenda Item No. 80 October 12, 2004 Page 10 of 30 a. Zoning requirements as to lot size and dimensions. b. Need for convenient access, circulation, control and safety of vehicular and pedestrian traffic. c. Limitations and opportunities of topography, including all natural and preserved features identified. Where special topographical conditions exist, block lengths greater than 660 feet may be approved by the county manager or his designee pursuant to section 10.02.04 of the Land Development Code. Traffic calming devices, as approved in the Neighborhood Traffic Management Program, are to be provided in block lengths greater than 660 feet. 4. Bridges. Bridges will be designed in accordance with current Florida department of transportation practices or appropriate specifications by the applicant's structural engineer and may be required to include provisions for utility installations and will require sidewalks on both sides of the bridge. The bridge must be designed by a Florida professional engineer and is subject to the approval of the county manager or his designee and those other agencies having jurisdiction over the proposed facilities, Generally, bridges will be designed as reinforced concrete, however, other low maintenance materials may be used upon request and approval, when supported by a design report prepared by the developer's professional engineer which provides particular assurance relative to the integrity of the materials to be utilized. a. At a minimum, the width of all bridges will be required to incorporate a clear roadway width equaling the travel lane width plus two feet to the curb and six-foot sidewalks; however, variations may be considered pursuant to section 10.02.04 of the Land Development Code. Bridge width may vary with the classification of the roadway section to be carried. All bridge structures must be designed for H-20 loading, incorporating adequate corrosion and erosion protection. 5. Buffers. Landscape buffers, when required by this administrative code, section 4,06,00 of the Land Development Code, or other county regulation must be in addition to the required right-of-way width and will be designated as a separate buffer tract or easement on the final subdivision plat. The minimum buffer width must be in conformance with section 4.06.00 of the Land Development Code. In no case will the required buffer be constructed to reduce cross-corner or stopping sight distances, or safe pedestrian passage. All buffer tracts or easements must be owned and ------ Agenda Item No. 80 October 12, 2004 Page 11 of 30 maintained by a property owner's association or other similar entity and will be so dedicated on the final subdivision plat. 6. Canals. Any navigable canal or waterway designed as part of a development or subdivision, intended to serve two or more properties, will be designed in compliance with the requirements of the county's water management master plan and sections 22-106 through 22-119 of the Code of Laws, or other governmental entities with jurisdiction, where applicable. The slopes of the canal banks must be stabilized with suitable riprap, native vegetation or other proven erosion control measures. 7. Easements. a. Utility easements. Utility easements no less than ten feet wide, unless otherwise approved by the County Manager or his designee pursuant to section 10.02.04 of the Land Development Code, must be provided to accommodate all required utilities to, across, or along lots and, where possible, will be centered on lot lines with convenient access for maintenance. Utility easements and drainage easements may not be combined without prior written approval of the county manager or his designee; and drainage easements will take precedence and be so noted on the final subdivision plat. i. All utility easements for water and sewer facilities that will be conveyed to the Collier County Water-Sewer District must be separately identified and dedicated on the final subdivision plat as "County Utility Easement" (C.U.E.) and must be a minimum of 15 feet wide unless otherwise approved by the Collier County utility division. Except when crossing other easements, such easements will not be inconsistent with other existing utility easements, or later subjected to uses inconsistent with the use of the easement area for utility purposes unless otherwise approved by the Collier County utility division pursuant to the conditions in section 10.02.04 of the Land Development Code. b, Drainage easements. Drainage easements will be provided to accommodate open drainage facilities at a width no less than a total of ten feet. The actual size of the easement in excess of the ten-foot minimum will be determined based on the hydraulic design of the flowway and the use of bank stabilization approved by the county manager or his designee or minimum side slopes at a four to one ratio, without stabilization. i. Where underground drainage structures are installed, the easement width will be sized to accommodate construction, Agenda Item No. 80 October 12,2004 Page 12 of 30 maintenance and replacement of said structures. In no case will said easement be less than 15 feet in width, unless otherwise approved by the county manager or his designee pursuant to section 10.02.04 of the Land Development Code. ii. When a subdivision or development includes or requires access across canals, watercourses, water bodies, streams, drainageways, channels, naturally occurring wetlands (that are to be preserved), or the like, a drainage easement and adjoining maintenance/access easement will be provided which conforms substantially to the lines of such watercourses unless otherwise approved by the county manager or his designee pursuant to section 10.02.04 of the Land Development Code. Maintenance and access easements for the subdivision's or development's approved water management system will be created and sized in compliance with the rules and regulations of the South Florida Water Management District, as amended. For canals or waterways maintenance/access easement will be provided in accordance with requirements of the entity with responsibility for maintenance/access. iii. Drainage easements will be created to provide for the flow of surface waters from contributory areas. c. Protected/preserve area and easements. A nonexclusive easement or tract in favor of Collier County, without any maintenance obligation, will be provided for all "protected/preserve" areas required to be designated on the preliminary and final subdivision plats or only on the final subdivision plat if the applicant chooses not to submit the optional preliminary subdivision plat. Any buildable lot or parcel subject to or abutting a protected/preserve area required to be designated on the preliminary and final subdivision plats, or only on the final subdivision plat if the applicant chooses not to submit the optional preliminary subdivision plat, must have a minimum 25-foot setback from the boundary of such protected/preserve area in which no principle structure may be constructed. Further, the preliminary and final subdivision plats, or only on the final subdivision plat if the applicant chooses not to submit the optional preliminary subdivision plat, will require that no alteration, including accessory structures, fill placement, grading, plant alteration or removal, or similar activity will be permitted within such setback area without the prior written consent of the county manager or his designee; provided, in no event will these activities be permitted in such setback area within ten feet of the Agenda Item No. 80 October 12, 2004 Page 13 of 30 protected/preserve area boundary. Additional regulations regarding preserve setbacks and buffers are located in sections 3.05.00 and 10.02.06 of the Land Development Code, and will be applicable for all preserves, regardless if they are platted or simply identified by recorded conservation easement. i. The boundaries of all required easements must be dimensioned on the final subdivision plat. Required protected/preserve areas must be identified as separate tracts or easements having access to them from a platted right-of-way. No individual residential or commercial lot or parcel lines may project into them when platted as a tract. If the protected/preserve area is determined to be jurisdictional in nature, verification must be provided which documents the approval of the boundary limits from the appropriate local, state or federal agencies having jurisdiction and when applicable pursuant to the requirements and provisions of the growth management plan. All required easements or tracts for protected/preserve areas will be dedicated and also establish the permitted uses for said easement(s) and/or tracts on the final subdivision plat to Collier County without the responsibility for maintenance and/or to a property owners' association or similar entity with maintenance responsibilities. An applicant who wishes to set aside, dedicate or grant additional protected preserve areas not otherwise required to be designated on the preliminary subdivision plat and final subdivision plats, or only on the final subdivision plat if the applicant chooses not to submit the optional preliminary subdivision plat, may do so by grant or dedication without being bound by the provisions of this section. d. Improvement plans. The improvement plans for required improvements which will be constructed within an existing easement must illustrate the existing easement and existing facilities, and the proposed easement and the proposed facilities, Copies of the improvement plans will be provided by the applicant to the holder of the easement(s) simultaneously with its submission to the county. i. The review and approval of improvement plans does not authorize the construction of required improvements which are inconsistent with existing easement(s) of record, 8. Fire hydrants. All hydrants must be connected to water systems having sufficient storage or emergency pumping facilities to provide for the Agenda Item No. 80 October 12,2004 Page 14 of 30 minimum fire flows to be maintained for at least four hours or the current recommendation of the Fire Suppression Rating of the Insurance Services Office, whichever is greater, Hydrants must be placed on common lot lines within the approved right-of-way unless greater otherwise approved by the County Manager or his designee pursuant to section 10.02.04 of the Land Development Code, a, Hydrants must be installed and placed in a manner complying with the requirements set forth in the latest edition of NFPA No. 24 entitled "Standard for the Installation of Private Fire Service Mains and Their Appurtenances," published by the National Fire Protection Association. Hydrants to be installed within subdivided lots for fire protection purposes will be evaluated during the site development plan review process as required in section 10.02.03 of the Land Development Code. Those installations must comply with the standards set forth in the latest edition of NFPA 1141 entitled "Standard for Fire Protection in Planned Building Groups." i. Residential land development. In one and two-family land developments with not more than ten dwelling units per acre, fire hydrants will be spaced not greater than 500 feet apart and not more than 250 feet from the center of any lot in the subdivision and must be connected to mains no less than six inches in diameter. The system must provide capacity for fire flows of at least 500 gallons per minute or greater, in addition to maximum day domestic requirements at residual pressures of not less than 20 pounds per square inch unless otherwise required by the applicable fire code. ii. Commercial, industrial, single family with structures in excess of 5,000 square feet, and multifamily developments. Fire hydrants located in these areas must be connected to water mains no less than eight inches in diameter. In no case will the spacing of hydrants be greater than 300 feet apart. Additional on site fire hydrants are required when portions of structures are more than 150 feet from the street. These hydrants will be located as determined by the fire code official. Hydrant spacing and size must be capable of providing water flows adequate to meet the requirements of the Fire Flow Analysis. In no case will the flow be less than 750 gallons per minute with the residual pressure of 20 pounds per square inch at the most demanding point of discharge. 9. Median strips and entranceways. Agenda Item No. 80 October 12, 2004 Page 15 of 30 a. Median strips. Median strips which are part of the publicly dedicated or deeded right-of-way will not be utilized for any purpose other than by the county or a public utility. When an applicant desires to beautify a public median strip in a subdivision he may do so in accordance with the guidelines established in section 4.06.00 of the Land Development Code to allow placing of grass, shrubs and trees in general within the median strip under a right-of-way permit after submission and approval of landscaping plans. Selection of landscaping within the public or private median will be based on accepted traffic safety standards and the prevention of interference with maintenance requirements of utilities within a median. Upon completion of the median improvements, the landscaping will be maintained by a property owners' association, a condominium association, cooperative association, or other like or similar entity. b. Subdivision or land development entranceways. Subdivision or development entranceways consisting of habitable or unhabitable structures, walls, fences, gates, rock piles or the like are not permitted within the median strip of a publicly dedicated right-of- way. Decorative entranceways may be constructed upon property adjacent to a right-of-way in compliance with this Code and will be placed so as to not interfere with any cross-corner or stopping sight distance or constitute a traffic hazard. Any improvements within private rights-of-way must not be placed over any underground improvements without the prior written consent of the intended owner of the improvements. Upon completion of the entranceway, all improvements will be maintained by the property owners' association, condominium association, cooperative association, or other similar entity. 10. Monuments. The design and location of permanent reference monuments, "P.R.M.s," and permanent control points, "P.C,P.s," shall be as prescribed by F.S. ch. 177, as amended. Where monuments would occur within street pavement areas, they will be installed utilizing appropriate offset monuments as prescribed by F.S. ch. 177, as amended. All information pertaining to the location of P.R.M.s will be indicated in note form on the plat, such as underground installations and the like. 11. Sanitary sewage system, central. A complete central sewer system and interim wastewater treatment facility, if required, must be designed and constructed to provide service to all lots and parcels within the subdivision or development. The system will be designed, constructed, owned, operated and maintained pursuant to the requirements of the Utilities Standards and Procedures provisions of the Code of Laws in Agenda Item No. 8D October 12, 2004 Page 16 of 30 Chapter 134, Article III, as amended, or to specifications of the applicable service provider. 12. Sanitary sewage system, individual. Except as otherwise approved by the county manager or his designee pursuant to section 10.02.04 of the Land Development Code, no subdivision or development will be constructed utilizing individual sewage disposal system for each lot or parcel. Any exemption from this requirement must be designed in conformance with chapter 10D-6, F.A.C., and must obtain the written _.I"ï~ c~~;~ :::gtf~n or ~~s~ig~~e in compliance with the provisions of the county's growth management plan, and must be approved by the County Manager or his designee. 13, Streets. The street layout of all subdivisions or developments must be coordinated with the street systems of the surrounding areas. Adjacent properties must be provided with local street interconnections unless topography, other natural features, or other ordinances/regulations do not allow or require said connections. All arterial or collector streets will be planned to conform to the Collier County comprehensive plan. Collector and arterial streets within a development will not have individual residential driveway connections. Their location and right-of-way cross section must be reviewed and approved by the county manager or designee during the preliminary subdivision plat review process. All subdivisions will provide rights-of-way in conformance with the comprehensive plan and the right-of-way cross section contained in appendix 8, All streets must be designed and constructed to provide for optimum vehicular and pedestrian safety, long service life and low cost of maintenance. a. Street access. Every subdivision or development will have legal and adequate access to a street dedicated for public use and which has been accepted for maintenance by or dedicated to the State of Florida or Collier County, as described in section 10.02.05 of the Land Development Code, When a subdivision or development does not immediately adjoin such a street, the applicant must provide access to the development from a dedicated street in accordance with these regulations and provide legal documentation that access is available to the project site. All lots within a subdivision or development must be provided legal access to a street dedicated for public use. b. Adjoining or proposed adjoining street systems. The arrangement of streets in subdivisions or developments may be required to make provision for the continuation of existing or proposed collector or arterial streets to and from adjoining Agenda Item No. 80 October 12. 2004 Page 17 of 30 properties, whether developed or undeveloped, and for their proper projection to ensure a coordinated and integrated street system per requirements of the growth management plan, this administrative code or other ordinances and regulations. Where a subdivision or development abuts an existing or proposed public arterial or collector street, buffering will be required as per section 4.06.00 of the Land Development Code. c. Local streets. Use of local streets by cut through traffic will be discouraged, using methods (like traffic calming) that do not compromise connectivity or reduce the number of access points to the subdivision. d, Traffic analysis. If the proposed land development or subdivision will generate traffic volumes in excess of 1,000 ADT (average daily trips) or 100 vehicles per hour, peak hour/peak season, whichever is more restrictive, then a traffic analysis, prepared by a professional engineer, must be provided by the developer. i. The analysis will show the impact on the proposed internal streets of the subdivision or development and existing externally affected streets, The analysis will be used to determine the street classification, width and number of traffic lanes internal to the development and any requirements for off-site (external) improvements on the existing street system per the Collier County growth management plan. e. Street right-of-way width. The minimum right-of-way widths to be utilized will be as follows and, where applicable, will be clarified by the cross sections contained in appendix 8. and will be directly related to traffic volume as indicated in the definition of each street continued herein and where applicable clarified by the cross sections contained in appendix 8. Private street right-of-way widths and design may be determined on a case-by-case basis in accordance with section 10.02.04 of the Land Development Code. Street Type (feet) I RIW Width" Number of All Streets (feet) Lane Width lanes ICul-de-sac !60 1/2 110 ¡Local ¡60 1/2 1110 Minor collector 80 112 ~11--12 Minor collector 80--1 00 1/2 11--12 (divided) Agenda Item No. 80 October 12, 2004 Page 18 of 30 Major collector or As determined for 4 11--12 minor arterial* median and turn lanes Note: Any rural cross sections approved may require expanded right-of-way widths for additional shoulder and swale facilities. Design to be approved on a case-by-case basis. *If an alley is utilized, the right-of-way width may be reduced upon approval of the transportation services administrator. f. Dead-end streets. Dead-end streets will be prohibited except when designed as a cul-de-sac. When a street is designed to be extended when the adjacent property is developed, a temporary cul-de-sac and right-of-way will be designed, Culs-de-sac in excess of 1,000 feet will not be permitted unless existing topographical conditions or other natural features preclude a street layout to avoid longer culs-de-sac. When conflicts occur between the design standards of this section and the County Fire Protection Code, or its successor provisions in Code of Laws Chapter 58, Article Ill, the standards of this section will take precedence. i. Culs-de-sac must have a minimum 40-foot pavement radius (to back of valley gutter) and 60-foot right-of-way radius, If islands are to be installed within a cul-de-sac, they must have a minimum 45-foot outside edge of pavement and an inside edge of pavement radius of no greater than 25 feet (See Figure 4 below). Agenda Item No. 8D October 12, 2004 Page 19 of 30 2' Q' 2- Cul-de-sac Detail Not to Scat e Figure 4 g. Curbs/valley gutter, All streets must be provided with valley gutter or curbs to provide for drainage. Curbs will be required at street intersections and for those areas requiring additional ,"_~.. .h'iliJ"'""","","".,,,,",,..,,;,,..,,.,",'H"'" .. Agenda Item No. 8D October 12. 2004 Page 20 of 30 vehicular protection. All required intersection curbs must extend ten feet beyond the radius. h. Intersection radii. Street intersections will be provided with a minimum of a 25-foot radius (edge of pavement) for local or cul-de- sac streets and 40-foot radius for collector, arterial and commercial/industrial streets. If two local or cul-de-sac streets intersect at less than 90 degrees, a radius of greater than 30 feet may be required. Intersection right-of-way lines must be provided with no less than a 25-foot radius, or as approved by the county manager or designee. i. All intersections must be provided with ramps where sidewalks are required. i. Intersections and street jogs. Wherever feasible, streets will be arranged so as to intersect at right angles. Two streets must not intersect at an angle less than 60 degrees. When an intersection occurs on a curve, it should be made radially at the point of intersection, with a minimum 75-foot tangent measured from intersecting centerlines. All local cross streets or stop streets should provide a minimum 50-foot tangent measured from intersecting centerline. Any proposed deviation to the tangent requirements must be supported by design calculations submitted by the applicant's professional engineer, The calculations must be based on the roadway speed limit and the Florida Department of Transportation "Green Book" standards for degree of curvature. Streets classified higher than local will be provided with appropriately larger tangents, supported by design calculations, (i) Street jogs, at intersections, are prohibited, In no case will intersections be located closer than 100 feet apart, as measured between closest right-of-way lines, The use of the 100-foot intersection separation criteria will be used only when a traffic impact analysis indicated that neither intersection will require turn lanes or signalization. (ii) Intersections of more than two streets will be subject to the approval of the county manager or designee, j. Reverse curves. Tangents will be provided for all streets, between reverse curves, according to the following, unless otherwise approved by the county manager or his designee pursuant to section 10.02.04 of the Land Development Code. I Street Classification Tangent (Minimum) Agenda Item No. 80 October 12,2004 Page 21 of 30 (feet) Cul-de-sac /25 Local 150 II Minor collector/commercial/industrial 175 I/AII other streets /100 k. Construction in muck or clay areas. The design of street proposed in excessive muck areas will be considered on an individual basis and may, where so directed by the county manager or his designee, require the use of under drains. Alternate methods of construction may be considered by the county manager or his designee based on a design study, containing soil testing data, and recommendations prepared by a geotechnical engineer licensed to practice in the State of Florida and supported by the applicant's professional engineer. I. Materials. Streets must include a stabilized subgrade, base and wearing surface in accordance with standards designated by the county manager or his designee and as shown in the typical sections. i. Subgrade and shoulders. All subgrade and shoulders must be stabilized to a depth of 12 inches and to the full width as shown on the typical section drawing. The stabilized area must be free of muck, roots and other objectionable material. The subgrade and shoulders must be stabilized and compacted to obtain the minimum limerock bearing ratio (LBR) of 40 LBR and at least 98 percent of maximum density as determined by AASHTO T180. If the bearing value of the natural soil is less than that specified, the subgrade and shoulders must be stabilized in accordance with section 160 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (latest edition thereof). The construction of the sub grade and shoulders must generally conform to sections 160-8 and 160-9 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (latest edition thereof). ii. Base. The base must be compacted limerock constructed to the thickness specified in the typical section drawing for the class and type of road to be constructed, and must be built to the specified width and centered on the subgrade. Limerock used for the base must meet the standard specifications for grade no. 2 limerock and must be Agenda Item No. 80 October 12, 2004 Page 22 of 30 compacted to obtain at least 98 percent maximum density as determined by AASHTO T180. Construction and materials of the base must conform to sections 200 and 911 of Florida Department of Transportation Standard Specifications for Road and Bridge Construction (latest edition thereof). Alternate base courses that meet FOOT specifications may be considered and approved by the county manager or his designee. iii. Prime. The base must be primed with type RC-70 bituminous material of SS-1 (asphalt emulsion) and must comply with section 270-2 of the standard Florida department of transportation specifications. iv. Surface course. The surface course thickness and width must be as specified in the typical section drawings. The processing of the mixture and construction of the surface course must comply with sections 320, 330 and 332 of the standard Florida department of transportation specifications. v. Grass. All areas within the right-of-way not receiving the surface course must receive seed, fertilizer and mulch in accordance with sections 570, 981, 982 and 983 of the standard Florida department of transportation specifications. Where sod is specified by the County Manager or his designee for erosion control, it will be installed prior to preliminary acceptance of the roadway. vi. Maintenance. The applicant will be responsible for maintenance of the roads for the period between preliminary and final acceptance as specified herein. This includes workmanship, materials, and all repairs and maintenance, vii. Testing. The applicant must have the subgrade and shoulders tested for compaction and limerock bearing ratio (LBR) at intervals set forth in the latest edition of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction or as directed by the county manager or his designee. The subgrade and base will be tested for compaction by a certified engineering testing laboratory. Prior to acceptance by the county, a copy of the test results along with a statement of compliance issued by the testing laboratory, must be furnished to the county manager or his designee. Agenda Item No. 80 October 12, 2004 Page 23 of 30 viii. Inspection. During construction, a field inspection will be made by the county manager or his designee. It is the applicant's responsibility to provide written notice to the county manager or his designee when construction is ready for inspection. ix, Signs. The developer must provide and install traffic control signs, street name and speed limit signs. All signs must be of noncorrosive, reflective material construction or of a type approved by the county manager or his designee. One double-sided street name sign of standard design as prescribed by current county standards will be provided at each intersection for each named street unless otherwise approved by the county manager or his designee pursuant to section 10.02.04 of the Land Development Code, A street sign will be placed at a point eight feet from the edge of pavement on a radial line that bisects the intersection radius curve unless otherwise approved by the county manager or his designee pursuant to section section 10.02,04 of the Land Development Code. All signs must be designated on the construction plans prior to their approval by the county manager or his designee. x. Pavement striping. All work will be in accordance with section 711 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (latest edition thereof). m. Alternative types of pavement, base and subgrade. Alternate types of pavement, base and subgrade determined by the county manager or his designee to be equivalent to those specified in this section may be approved, Application for such approval must be accompanied by written data, calculations and analysis which show, by generally accepted engineering principles, that the alternate types are equal or superior to those specified. n. Street grades. Street grades must be determined in relation to the drainage facilities for the subdivision and must not exceed four percent nor be less than 0.3 percent, unless otherwise approved by the county manager or his designee pursuant to section 10.02.04 of the Land Development Code. Street grades must be shown on the development plans by direction and percent of fall on the road profiles. o. Swales. Swales will not be permitted within the right-of-way in lieu of curbs or valley gutters unless the provision for a rural section Agenda Item No. 80 October 12,2004 Page 24 of 30 specified in section 10.02.05 of the Land Development Code, Required improvements, is justified. Swales may be permitted to convey rear yard drainage and to collect street drainage. p. Marginal access streets. Where a subdivision or development abuts or contains existing limited access highway, freeway or arterial street, and if access is desired to adjoining property other than street connections, a marginal access street to afford separation of through and local traffic may be required by the county manager or his designee. q. Half streets. Half or partial streets will not be permitted except where essential to the reasonable development of a property in conformance with the circulation plan, comprehensive plan or these regulations and where, in addition, dedication of the remaining part of the required street right-of-way is provided. Whenever a property to be developed borders on an existing half or partial street, the other part of the street will be required to be dedicated and constructed within such property. A proposed development or subdivision that adjoins or includes an existing street which does not conform to the minimum right-of-way requirements of these regulations must provide for the dedication of additional right-of- way along either one or both sides of said street so that the minimum right-of-way requirements of these regulations will be . established, r. Limited access strips. Limited access strips controlling access to streets on adjacent parcels will be prohibited except where approved by the county manager or his designee pursuant to section 10.02,04 of the Land Development Code. s. Clearance and height. At least 17 feet of nominal clearance must be provided over the full width of public streets, private streets, fire lanes, and other means of vehicular access. Overhead public utilities may require a greater height and will be evaluated on a case-by-case basis. t. Pavement samples. The developer must provide core samples of both the base course and surface course of the completed public and private roadways prior to preliminary approval. The core samples will be taken at a maximum of 300 feet intervals and arrangements will be made to immediately replace the areas so removed with materials and construction to conform to the specifications and to the line and grade of the immediate surroundings' pavement surface. The core samples must be taken Agenda Item No. 8D October 12, 2004 Page 25 of 30 by an approved testing laboratory and/or professional engineer and certified as to location and thickness measured. i. A tolerance of one-quarter inch for pavement surface and one-half inch for base course may be accepted. Any deviations more than these tolerances will result in withholding preliminary acceptance until such time that the pavement is brought up to county standards. u, Sidewalk parking. The distance from the back of the sidewalk to the garage door must be at least 23 feet to allow room to park a vehicle on the driveway without parking over the sidewalk. Should the garage be side-loaded there must be at least a 23-foot paved area on a perpendicular plane to the garage door or plans must ensure that parked vehicles will not interfere with pedestrian traffic. 14. Utility installation. After the clearing, grubbing, and grading has been completed within six inches of final subgrade of the roadway for a street, all underground work for the water mains, sanitary sewers, storm sewers, gas mains, telephone, electrical power conduits and appurtenances and any other utility will be installed across the width of the street to the sidewalk area, or provisions will be made so that the roadway or right-of- way will not be disturbed by future utility installations, All underground improvements so installed for the purpose of future service connections will be properly capped and backfilled. 15. Utility casings. All casings to be installed within the roadway section of a project must be located at a depth at least six inches below the bottom elevation of the roadway stabilized based course. All casings providing water service must extend to the intersection of the right-of-way line and the lot line. Unless approved by the county manager or his designee pursuant to section 10.02.04 of the Land Development Code, all casings required for the complete service of underground utilities to the subdivision must be installed during the construction phase of the project. Any casing which must be placed after completion of the roadway stabilization and paving will have its method of installation approved by the county manager or his designee. 16. Water management. a. Scope. A complete stormwater management system will be provided for all areas within the subdivision or development, including lots, streets and alleys. The system design must meet the applicable provisions of the current Collier County codes and ordinances, South Florida Water Management District rules and regulations pursuant to F.S. ch. 373, and chapter 17-40 and title Agenda Item No. 8D October 12, 2004 Page 26 of 30 40E, Florida Administrative Code, and any other affected state and federal agencies' rules and regulations in effect at the time of preliminary subdivision plat submission. i. Where stormwater runoff from outside the subdivision or development historically passes on, passes over or through areas of the subdivision or development, such runoff must be included in the stormwater system design. The system must be designed for long life, low cost maintenance by normal methods and provide for optimal on-site detention of stormwater runoff and groundwater recharge in accordance with applicable county and SFWMD regulations. ii. Water management areas will be required to be maintained in perpetuity according to the approved plans. Water management areas not maintained will be corrected according to approved plans within 30 days. b. Rainfall and runoff criteria. The system must be designed for "design floods" resulting from rain storms and antecedent conditions for all system components in accordance with current Collier County and South Florida Water Management District criteria, i.. Lakes. Artificial lakes and retention basins proposed as part of a stormwater retention system for on-site water management must be designed and, when required by this administrative code or other ordinances or regulations of Collier County, state or region, monitored for quality by the applicant pursuant to the county excavation regulations, at no cost to the county. All lakes will be set back from abutting roadways or intersections pursuant to the design standards established in sections 22-106 through 22-119 of the Code of Laws and Ordinances. ii. Runoff coefficients. Existing land usage will be considered for the selection of proper runoff coefficients within the drainage basins involved, whether within the subdivision or development or not. c. Stormwater outfalls. Stormwater runoff must be conducted to positive outfalls that can be permanently maintained, practicably and legally. Outfalls to existing waterways, canals, preserve or conservation areas, lakes or storm sewers will be acceptable provided it can be demonstrated through a professional engineering study to the county manager or his designee that such receiving Agenda Item No. 80 October 12,2004 Page 27 of 30 systems have adequate capacity to receive the proposed quantity and quality of the additional flow. i. Side ditches or swales along public or private roads will not be accepted as suitable positive outfalls except as may be specifically accepted under the provisions ot this administrative code by the county manager or his designee, and by the Florida department ot transportation if applicable. The storage of stormwater runoff in other existing or proposed ditches or swales within a public or private right-ot- way will be permitted tor volume storage when approved under South Florida Water Management District design criteria, but will not be utilized to satisfy the stormwater storage (quality) requirements of a development's master water management system. ii. Drainage wells or underdrains may be accepted as positive outfalls where adequate percolation volumes can be provided in locations capable of accepting the design quantities of water. d. Major waterway. Improvement or establishment of major waterways and canals will be developed in full accord with applicable stormwater management criteria. Engineering data, -criteria and suitable calculations will be submitted to the county manager or his designee prior to approval of construction plans. i. Roadways over major waterways will be structures approved by the county manager or his designee, sized to maintain flow capacity, designed to assure long life and minimal maintenance. Construction must meet all current Florida Department of Transportation Standard Specifications for Road and Bridge Construction, unless otherwise approved by the county manager or his designee pursuant to section 10.02.04 ot the Land Development Code. e. Outfall ditches and open channels. Unless otherwise approved by the county manager or his designee pursuant to section 10.02.04 ot the Land Development Code, side slopes no steeper than four to one will be allowed. Protection against scour and erosion will be provided as required by the county manager or his designee. f. Roadside swales. Agenda Item No. 80 October 12, 2004 Page 28 of 30 i. Design. In the interest of preserving the existing natural groundwater levels, roadways will not be designed so as to cause the significant lowering of the water levels existing in the area prior to development. Roadside swales and ditches may be permitted within street rights-of-way where the use of roadside swales can be justified to the county manager or his designee through a written report prepared by the applicant's professional engineer. Swales, where permissible, will have side slopes no steeper than four to one and they will not be utilized to satisfy the stormwater quality (volume) requirements of a project's master water management system. Where flow velocities in excess of four feet per second are anticipated, urban right-of-way sections will be required. ii. Erosion protection. All unpaved areas within the permanent right-of-way must be provided with permanent erosion protection, such as native vegetation or turf. Swale ditches will be sodded, sprigged or seeded a lateral distance extending from the road pavement to the top of the swale ditch backslope. Where valley guttered sections are used for drainageways, turf protection must be placed from the edge of the gutter to the outer limits of the right-of-way. If seeding is utilized, then mulching in accordance with the Florida department .of transportation standards will be required. Additionally, if seeding and mulching are utilized, then a strip of sod one foot wide will be placed along the face of the pavement or curb section and over the invert of any approved swale section within the runoff flowway. All swales subject to erosion velocities will have adequate erosion protection in the form of riprap or other applicable like methods. iii. Driveways across swale ditches. Driveways across permitted swale ditches must have placed beneath them drainage pipes of adequate size and type approved by the county manager or his designee, based on the capacity requirements calculated by the applicant's professional engineer for the development's master water management system. g. Street drainage. Street drainage within the road right-of-way through grassed swales will be permitted for rural cross sections only except where velocities in excess of four feet per second are anticipated. The flow from these swales or other types of drainage facilities will be diverted to natural percolation areas, artificial Agenda Item No. 8D October 12, 2004 Page 29 of 30 seepage basins or artificial lakes of at least sufficient capacity to comply with the criteria of Collier County and the South Florida Water Management District. Other equally effective methods of returning cleansed waters to the aquifer will be acceptable upon prior review and approval by the county manager or his designee. i. Existing natural lakes may be used as detention areas provided that they have adequate storage capacity and that pretreatment measures approved by the county manager or his designee are taken to prevent pollutant matter from entering the lake. Positive outfall drainage facilities will be provided away from all percolation areas, seepage basins, detention areas and artificial lakes to handle the runoff from storms which exceed the required design storm event in duration and/or severity. h. Percolation areas. The actual area required will depend on the percolation rate for the soils at the specific site and the manner in which the site is developed in accordance with Collier County and South Florida Water Management District criteria. All percolation areas will be grassed in accordance with requirements of this administrative code and will be planted in trees, shrubs, or other plants capable of taking up large volumes of nutrients. i. UndergttOund drainage. Where drainage plans provide for, or it is so directed by the county manager or designee, the collection of stormwater in underground pipes, inlets and other appurtenances for conveyance to an intermediate or ultimate outfall, the following minimum design criteria will be observed: (i) The minimum pipe used within a publicly maintained stormwater collection system will be 15 inches in diameter. (ii) Inlets will be spaced at such intervals and in such a manner to allow for the acceptance of 100 percent of the ten-year, one-hour storm runoff. (iii) The distance between terminating and intermediate structures must not exceed those required by the Florida department of transportation, pursuant to Florida Department of Transportation Drainage Manual, Volumes 1--4 (1987 edition or latest revision). (iv) The stormwater, underground collection system, must be so designed that the elevation of the hydraulic gradient during a ten-year, one-hour storm event is never higher than Agenda Item No. 80 October 12, 2004 Page 30 of 30 the crown elevation of any publicly maintained roadway in the system. (v) The pipes must be designed to minimize sediment deposits. (vi) The pipe materials must meet the requirements set forth in sections 943--948 inclusive of the current edition of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. Only concrete pipe or other pipe materials approved by the county manager or his designee may be used in tidal or salt waters. (vii) All drainage pipes must be fitted with headwalls, endwalls, inlets and other appropriate terminating and intermediate structures. j. Storm water disposal. The method of ultimate disposal of stormwaters will be dependent upon the soil characteristic underlying the development or subdivision. All stormwaters will be subjected to treatment for the removal of petroleum residues, oils, suspended solids and other pollutants found in stormwater runoff. The method of treatment will be determined by the applicant's professional engineer responsible for the preparation of the stormwater manager.nent plans and specifications, and will be subject to the approval of the county manager or his designee and the concerned state agencies, . ------>~ .~«,--_..~..- Agenda Item No. 9A October 12, 2004 Page 1 of 16 ....",.,...'-'~ EXECUTIVE SUMMARY Recommendation to consider Resolution opposing the City of Naples' vessel speed zones. OBJECTIVE: Request BCC to direct the County Attorney to any resources available on behalf of the Board of Commissioners and the Citizen of Collier County to fight any speed zone changes to Naples Bay, Dollar Bay and Gordon River. r- CONSIDERATIONS: On October 6, 2004, the Naples City Council voted to implement more stringent, vessel speed zones in area waterways. Due to the lack of evidence to support such speed zones, it is requested that the Board officially oppose this decision of the Council. The increased vessel speed zones do not guarantee the safety of manatee, boaters, or residents and therefore are not necessarily in the best interest of the general welfare of the public or nature; furthermore, inhibiting the commercial boating industry of Naples and Collier County. FISCAL IMP ACT: None. GROWTH MANAGEMENT IMP ACT: None. RECOMMENDATION: That the Board of County Commissioners direct the County Attorney to prepare a resolution opposing the proposed increased vessel speed zones. SUBMITTED BY: Commissioner Tom Henning Date: October 5, 2004 ....-. .. Agenda Item No. 9A October 12, 2004 Page 2 of 16 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 9A Meeting Date This item was continued from the June 22, 2004 BCC meeting, Recommendation to consider Resolution opposing the City of Naples' vessel speed zones, (Commissioner Henning) 10/12/2004 9:00:00 AM Prepared By Date Sam Tucker Executive Aide to the BCe 6/15/200412:29:52 PM Board of County CommÎssioners Bec Office Approved By Sue Filson Executive Manager to the BCC Date Board of County Commissioners Bec Office 6/15/2004 1 :45 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 10/5/2004 5:07 PM -, Agenda Item No. 9A October 12, 2004 Page 3 of 16 F~ tJ.t. ~ ~ tJ.t. ~ A~ Tð: F~: ~: ~: H~ H~ ",..J. k~ ~ ~ Q.c....d. ~D. p~, ~~ \2.D~ H~ U, ZOOe,. ~tUtL S;uJ. O~ This memo is in response to a memo from Mayor Barnett dated May 24, 2004 requesting to know exactly what authority Council has regarding boat speeds on Naples Bay. This memo summarizes and is consistent with my previous opinion dated May 5, 2004. · Council may regulate boat speeds in Naples Bay, Dollar Bay and the Gordon River (and other waters in City) for the following reasons and under the following restrictions: 1. SA.!'ETY/WBLFARE=prevention of inj ury to persons or damage to property (boats, markers, etc.). 2. MANATEE protection. · The ordinance does not become operative until markers are erected. · Permission to obtain markers comes from the Fish and Wildlife Conservation Commission (FWCC). SAFETY/WELFARE CRITERIA FWCC will grant permission for markers to be installed for SAFETY/WELFARE purposes if criteria for approval (long list) are met including: Idle speed-No Wake Zone. · Data showing a high risk of collision or danger to persons exist. · Must be shown through boating accident reports, ci tations, vessel traffic studies or other creditable data. Agenda Item No. 9A October 12, 2004 Page 4 of 16 Honorable Mayor and Members of City Council May 26, 2004 Page Two Slow Speed-Minimum Wake Zone. · Data showing unsafe levels of vessel traffic congestion, navigational hazards and significant threat to puølic safety. · Must be shown through accident reports, citations, vessel traffic studies or other creditable data. !ANATBE PRO'l'BCTION CRITERIA FWCC will grant permission for markers to be installed for MANATEE PROTECTION purposes' if criteria for approval are met including: · Must be based upon the best available scientific information, other available relevant and reliable information, surveys, observations, studies of food sources and water depths, and a conclusion that manatees inhabit these areas on a regular basis. · If City and FWCC see disagree, a local manatee . protection committee must be formed. 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Agenda Item No. 98 October 12, 2004 Page 1 of 8 ",.,,~, < EXECUTIVE SUMMARY RECOMMENDATION TO DECLARE VACANCIES ON THE msp ANIC AFFAIRS ADVISORY BOARD OBJECTIVE: To declare 2 vacancies on the Hispanic Affairs Advisory Board and to direct staff to issue a press release soliciting resumes in an effort to fill the vacant positions. ".........., CONSIDERATIONS: Ordinance No. 200]-55, Section 8, reads as follows: "1t is the intent and strong desire of the Commission that there be full attendance of advisory Board members at aU meetings of the Boards, recognizing, however, that it may be necessary for Board members to be absent from a meeting due to unusual or emergency circumstances. Nevertheless, full attendance at Board meetings is encouraged and necessary for the proper operation of the Boards and in furtherance thereof the following requirements are established: A. Any Board member who is absent for more than one-half of the Board's meetings in a given fiscal year shall be deemed to have tendered his or her resignation for such Board. The Commission shall, as soon as practicable after such resignation, declare the position to be vacant and shall promptly fill same pursuant to the provisions of Section Six herein. The Board member shall not serve at any meetings after his or her position is declared vacant by the Commission. B. In the event that any Board member is absent from two consecutive Board meetings without a satisfactory excuse acceptable to the Board chairman, the Board chairman shall state such fact at the next regularly scheduled Board meeting and shall thereafter notify, in writing, the Administrative Assistant to the Commission of the Board member's failure to attend without satisfactory excuse. The Commission shall review the Board Chairman's notification at a Commission meeting and shall declare the Board member's position to be vacant ifthe Commission concurs that the Board member was absent from two consecutive Board meetings without a satisfactory excuse and shall promptly fill same pursuant to the provisions of Section Six herein. The Board member shall not serve at any meetings after his or her position is declared vacant. C. A member of a Board shall be deemed absent from a meeting when he or she is not present during at least 75% of the meetings. Attached is a memo from staff advising that the Hispanic Affairs Advisory Board is requesting that the Board of County Commissioners declare the seats currently held by Carlos Aviles and Lourdes Ramaoo vacant, due to the lack of attendance at meetings, and direct staff to advertise to fill the vacancies. FISCAL IMP ACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation to declare 2 vacancies on the Hispanic Affairs Advisory Board and direct staff to issue a press release soliciting new members. It is also recommended that the Board of County Commissioners direct the County Attorney to prepare a resolution declaring the position vacant. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Date: OCTOBER ]2,2004 Agenda Item No. 98 October 12, 2004 Page 2 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary Meeting Date 98 Recommendation to declare 2 vacancies on the Hispanic Affairs Advisory Board. 10/12/20049:00:00 AM Prepared By Date Sue Filson Executive Manager to the BCC Board of County Commissioners Bec Office Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1014120046:50 PM ·- '. Agenda Item No. 98 October 12, 2004 Page 3 of 8 OFFICE OF THE COUNTY ATTORNEY INTEROFFICE MEMORANDUM RECEr./fD ;!.:}C4 TO: Sue Filson, Ex.ecutive Manager, Board of County Commis~iliriers . J. 1 )ners '. I FROM: ^ J/ (,/t U'? Michael W. Pettit, Chief Assistant County Attorne>.: DA TE: October 1, 2004 RE: Hispanic Affairs Advisory Board (HAAB) Vacancies Attached are copies of letters sent to Carlos Aviles and Lourdes Ramann advising them of HAAB's action to declare their seats vacant and submittal of this recommendation to the Board of County Commissioners (BCC). Also attached is a letter from Elsa Maria Hernandez advising the HAAB of her resignation. Please submit these matters to the BeC for action. I also wanted to confinn that you have advertised the seat left vacant from Robert Pina's resignation earlier this summer. Assuming, the Board declares the two seats vacant as recommended by HAAB, there will only be five (5) sitting HAAB members out of a total of nine (9) positions. Thank you for your assistance and please call should you have any questions or concerns. MWP/ntb attachments cc: David C. Weigel, County Attorney Agenda Item No. 98 October 12, 2004 Page 4 of 8 COLLIER COUNTY DA VID C. WEIGEL COLLIER COUNTY A TIORNEY 3301 East Tamiami Trail Naples, FL34112-4902 Telephone: (239) 774-8400 Pacsimile: (239) 774-0225 michaelpettit@colliergov.net October 1, 2004 Heidi F. Ashton Jennifer A. Be1pedio Bllen T. Oladwell Jeffrey A. Klatzkow William E. Mountford Thomas C. Palmer Michael W. Pettit Jacqueline Hubbard Robinson Mmjorie M. Student Scott R. Teach Patrick G, White Robert N. Zachary Mr. Carlos A viles 713 North 9th Street Irrunokalee, FL 34142 RE: Hispanic Affairs Advisory Board Dear Mr. Aviles: "'-',,", As staff liaison to the Collier County Hispanic Affairs Advisory Board (HAAB), it is my obligation to advise the HAAB that under Ordinance No. 91-37, Section 4 .....if a member is absent from more than one-half of the board's meetings in a given fiscal year, the board shan declare the member's seat to be vacant..." Unfortunatèly, because ýóu have not been able to attend seven (7) of the last eight (8) meetings, the Board had no choice but to move to declare your seat vacant at last night's meeting and will submit this recommendation to the Collier County Board of County Commissioners for action at an upcoming meeting. Nevertheless, the voting HAAB members, in recognition of your service to the United States of America and the State of Florida, included a recommendation for a provision for you to reapply for several spots that are now open on the HAAB to the extent you can attend future meetings on a regular basis. I am sorry to have to convey this message to you, but the Ordinance simply makes no provision for excused absences in cases where a member misses more than one-half of the meetings in a single fiscal year. I have enjoyed working with you over the past year and want to thank you on behalf of the HAAB for your service to the citizens of Collier County. Please do ----- -- ------no.thesi.tate...to-cootactme-.should-~-Ra¥e-any-questioos.------- ---------. ------. ----_. Very truly yours, I M~tti~taff Liaison to HAAB Chief Assistant County Attorney MWP/ntb cc: David C. Weigel, County Attorney Sue Filson, Executive Manager, Board of County Commissioners -_.~"-'-< Agenda Item No. 9B October 12, 2004 Page 5 of 8 COLLIER COUNTY DA VID C. WEIGEL COLLIER COUNTY ATIORNBY , October I, 2004 Heidi F. Ashton Jennüer A. Belpedio Ellen T. Oladwell Jeffrey A. Klatzkow William E. Mountford Thomas C. Palmer Michael W. Pettit Jacqueline Hubbard Robinson Marjorie M. Student Scott R. Teach Patrick G. White Robert N. Zachary 3301 East Tamiami Trail Naples, FL 34112-4902 Telephone: (239)774-8400 Facsimile: (239) 774-0225 michaelpettit@coliiergov.net Ms. Lourdes Ramann 16 Maui Circle Naples, FL 34112 RE: Hispanic Affairs Advisory Board Dear Ms. Ramann: As staff liaison to the Collier County Hispanic Affairs Advisory Board (HAAB), it was my obligation to advise the HAAB that under Ordinance No. 91-37, Section 4 "IT any member ofthe board fails to attend two consecutive board meetings without a satisfactory excuse. ..the board shall declare the member's seat to be vacant..," Our records show that you have missed four (4) consecutive meetings in the last year. Accordingly, the Board voted last night to have your seat declared vacant. This recommendation will be submitted to the Collier County Board of County Commissioners (BCC). I have enjoyed working with you over the past year and want to thank you on behalf of the HAAB for your service to the citizens of Collier County. Please do not hesitate to contact me should you have any questions. .- - - - - - - - - ~ - - - - - - - - - - - - - - - - - - - - Very truly yours, /I .It ./--#'" ~ýV I~(;// ...... -- --------.' -- - u MíchaelW:Pëttîr;-Stãffl:íäíson to HAAB .- Chief Assistant County Attorney .. _0. _ _ .___ MWP/nfb cc: David C. Weigel, County Attorney Sue Filson, Executive Manager, Board of County Commissioners -".-.--.--- Agenda Item No. 98 October 12,2004 Page 6 of 8 - - Hispanic Affairs Advisory Board Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Ms. Sofia Pagan 732-7800 11/14/00 06/25/03 2.5 Years 3051 Horizon Lane, # 1805 417-5107 06/24/03 06/25/07 4 Years Naples, FL 34109 E-Mail: District: 2 Category: Mr. Carlos Aviles ~'t\X 657-4493 09/25/01 06/25/03 1.9 Years 713 North 9th Street ~~(\' 279-8372 06/24/03 06/25/07 4 Years Immokalee, FL 34142 E-Mail: District: 5 Category: Mr. Ernest A. Labrador 353-7220 09/1 0/03 06/25/07 4 Years -- 14960 Collier Boulevard #2112 353-7220 Naples, FL 34119 E-Mail: District: 5 Category: Mr. David Correa 417-6340 06/06/95 06/25/98 3 Years 9720 Vanderbilt Drive 06/11/02 06/25/06 4 Years Naples, FL 34108 E-Mail: District: 2 Category: Mr. Robert J. Pina t(.sI~~;,OÝ 11/14/00 06/25/02 1.5 Years 5501 Rattlesnake Hammock, Apt. 113821-5433 061 II 102 06/25/06 4 Years Naples, FL 34113 E-Mail: District: 1 Category: . .' ,.,.,,-.-:,.,.,.,',.,."""'''' "'\",'~"''''''i' '..,....",,'....,. ,...'....'''.,..,......~.;.... .-.......<_..~,.....- _ .."'H. ..~. ;'~'"-""","-'''''''''''''''~'!'~''''' ~.' WHne.sdIlY, October 15,2003 Pllge 1 0/3 ---.--..,--.". .._____.w..... Agenda Item No. 98 October 12, 2004 Page 7 of 8 - Hispanic Affairs Advisory Board " Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Ms. Lourdes Ramann 01/08/02 06/25/05 3 Years 16 Maui Circle ~lJi. 732-9558 Naples, FL 34112 Ae~tl" E-Mail: ~ District: 1 Category: Ms. Susan Calkins OS/22/01 06/25/05 4 Years 740 High Pines Drive 434-8095 Naples, FL 34103 E-Mail: District: 4 Category: Ms. Elsa Maria Hernande2t J 263-1990 10/14/03 06/25/05 1.5 Years 181 Briarcliff Lane rf>'6Ý' ,0"1 793-4748 . Naples, FL 34113 q'~ E-Mail: elsa4excel@aol.com District: 1 Category: Ms. Teresa Marie Nelson 774-8875 01/14/03 06/25/05 3 Years 1150 Reserve Way, Apt. 302 434-2969 Naples, FL 34105 E-Mail: Di.~trict: 3 Category : . ,.~'."" ,.".. ;.r'.,....,-,. .,..·~·~~-'>··.I~.'~........ ~.......,-...~...',.r,..:-.....'~-~ 1<1 .. H,,~"'~'_''f$II I'_M_'''......Y..,'...,·~~~···..~....1' '"·7."-"''(1'''-'' WedraøstúJy, October 15. 2003 Page 2 of 3 e ~ - Agenda Item No. 9B October 12, 2004 Page 8 of 8 Hispanic Affairs Advisory Board Name Work Phone Home Phone Appt'd Exp. Date DateRe-appt 2ndExpDate Term 2nd Term This 9 member committee was created by Ord. No. 91-37, amended by Ord. No. 91-78) to identify and evaluate problems unique to the Hispanic community, review and recommend ways to ensure open communication between minorities and Collier County government and provide periodic reports to the Board of County Commissioners, Terms are 4 years. FL STAT Staff: Mike Pettit, Chief Assistant Attorney: 774-8400 w;';;;;;¡-;;'" od~b;'is72õõ;--'" . ,;........~~-,...... . ."...........,.."...~...""'....,' "'~'~.'...,,. .', ...' I"'.·..·:'".~·...,,'·;,-¡..,,:,'ofi<... "'M I'IPI'R .,.... Pøge30f3 '~'~"-""'-'--"~ Agenda Item No. 10A October 12, 2004 Page 1 of 17 EXECUTIVE SUMMARY Amend professional engineering services agreement with Metcalf & Eddy, Inc. for the South County Regional Water Treatment Plant, 8 MGD Reverse Osmosis (SCRWTP), Contract 98-2891, in the amount of$1,924,500, Project 70054. OBJECTIVE: To provide additional professional engineering services for the completion of the construction of the new reverse osmosis facility and deep injection wells for the 8 MOD (million gallon per day) South County Water Treatment Plant (SCRWTP) Reverse Osmosis Expansion project, pursuant to Contract 98-2891 . CONSIDERATIONS: On August 3rd, 1999, as Agenda Item 16(B) 11, the Board approved and entered into an agreement with Metcalf & Eddy, Inc. (M&E) to provide design and construction engineering services for the 8 MOD SCR WTP Reverse Osmosis Expansion project. The project, which has been under construction since July 2001 as a lump sum contract, includes: an 8-MGD Reverse Osmosis process facility with capability to be expanded to 20-MOD capacity in the future; a new raw water production well field; and two deep injection wells. On May 14, 2002 as Agenda Item 10(1), the Board approved Amendment 1 to the Agreement with M&E to provide construction management services for a second deep injection well. On June 24, 2003 as Agenda Item 10(1), the Board approved Amendment 2 to the Agreement to provide additional construction services required for unforeseen circumstances encountered with the construction of the second deep injection well and to provide continued services for the plant construction to include the revised completion date of October 2003. Outside legal counsel was also retained to further protect the County's interest with respect to the project. On March 23, 2004, construction was still incomplete and the final completion date continued to extend out to later dates. On March 23, 2004 as Agenda Item 10(0), the Board approved Amendment 3 to the Agreement with M&E to provide additional Project Administration and Project Observation services through June 1, 2004. On June 29, 2004, the County issued a Notice to Cure to the United Engineering Corporation (UEC) followed by a Notice of Termination dated July 13,2004 of the UEC lump sum contract. On August 17, 2004 the County contracted with Wharton Smith, Inc., to complete those tasks necessary to achieve Substantial Completion of the project by December 31, 2004 and Final Completion of the Project by May 1, 2005. This Notice of Termination was approved by the Board at its July 27, 2004 meeting as item 10(0). The Wharton Smith contract was awarded by the Board on the basis of a cost plus not-to-exceed contract amount at its July 27, 2004 meeting, item 10(P). On September 28 the Board, as item 10(1), approved a contract completion amount of$7,678,866 to Wharton-Smith. On September 23, 2004, Metcalf & Eddy submitted a proposal for additional construction management services to assist the County in completing the project following the termination of UEC and the execution of a new contract with Wharton-Smith Inc. The M&E proposal is for comprehensive services extending retrospectively ITom June ], 2004 and through the Wharton Smith final completion date of May 1, 2005. Services proposed by M&E include a base level of Agenda Item No.1 OA October 12, 2004 Page 2 of 17 .,- services consistent with a lump sum contract through August 17,2004 and for a more expanded level of administration and observation services necessary for Wharton Smith's cost plus not-to- exceed contract after August 17,2004 running to the final completion date. Under this proposal, M&E is including the following engineering services: · Construction management services during the Notice to Cure and Termination period. · Construction management assistance to timely resolve construction and project issues as they relate to the production of water and completion of the project and preparation of material for future litigation with UEC. · Construction observation of all activities occurring on-site, including managing a photo library and daily reports with complete labor and materials detail information down to a task level. This detail was not required under the previous lump sum contract. · Construction administration, including relaying their knowledge of the project to Wharton- Smith to assist in resolving construction issues; reviewing and approving cost plus invoices; resolving permit issues; preparing as-built drawings; and reviewing shop drawings. · M&E will utilize the design sub-consultants of record for electrical, instrumentation and controls, and architectural work. Also included is participation in completion tasks to insure the County receives full value for all project elements. The following summarizes the engineering fees for proposed Amendment 4: ..-"< Task Number A.5.A.l A.5.A.l A.7.6 Task Construction Management to Final Completion Construction Administration to Final Completion Construction Observation to Completion Estimated Amount $431,242 $541,806 $951,452 $1,924,500 Total The following summarizes Professional Services Agreement 98-2891 including Amendment 4: Original M & E Contract Total Amendments to Date (No.1 - 3) Amendment 4 (proposed) Total $3,920,064 $1,728,299 $ 1.924.500 $7,572,863 Our engineering consultant Malcolm Pirnie Inc, has reviewed the proposed fee and has found it to be reasonable and complete as described in the attachment. The County's Project Manager has reviewed the engineering fee and is satisfied that it is reasonable and appropriate for the contemplated work. FISCAL IMPACT: - The project is a part of the Water Capital Budget for FY04 as approved by the Board on September 18,2003. The source of funds is Water Impact Fees. The Board approved a Budget Amendment on September 28,2004 to cover the estimated cost of the Wharton Smith, Inc., contract for the construction of remaining tasks and facilities. Authorization of the work covered by this Amendment 4 will require a transfer of$I,924,500 Agenda Item No.1 OA October 12, 2004 Page 3 of 17 .- ftom reserves to this project in the Water Capital Budget for FY05. This expenditure is expected to be recovered through future legal actions against UEC or UEC's Surety. This Executive Summary was prepared in close cooperation with the Purchasing Department and the Clerk of Courts Office. The Office of the County Attorney has reviewed this Executive Summary. GROWTH IMPACT: The project is needed to meet future potable water demands. The project is part of the 2003 Water Master Plan Update adopted by the Board on May 25, 2004 as Agenda Item 10(0). RECOMMENDATION: That the Board of County Commissioners take the following actions regarding the completion of the 8 MOD RO Expansion Project at the SCRWTP. 1. That the Board approve and the Chairman execute Amendment No.4 in the amount of $1,924,500 pursuant to contract # 98-2891. 2. Authorize a budget amendment to transfer $1,924,500 from reserves to the Project expense budget in the Water Capital Budget for FY05. PREPARED BY: Roy B. Anderson, P.E., Director, Public Utilities- Engineering -~,--"..,~..- ,_.~ --,,~",.^"---..- Agenda Item No, 10A October 1 2, 2004 Page 4 of 17 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 10A Amend professional engineering services agreement with Metcalf & Eddy, Inc. for the South County Regional Water Treatment Plant, 8 MGD Reverse Osmosis (SCRWTP), Contract 98- 2891, in the amount of $1,924,500, Project 70054. (Jim DeLony, Administrator, Public Utilities) 10/12/20049:00:00 AM Meeting Date Prepared By Date Roy S, Anderson, P,E, Public Utilities Engineering Director 9/28/200410:53:01 AM Public Utilities Public Utilities Engineering Approved By Paul Mattausch Water Director Date Public Utilities Water 9/30/200410:22 AM Approved By Thomas Wldes Operations Director Date Public Utilities Public Utilities Operations 10/1/20044:39 PM Approved By Linda Jackson Contracts Agent Date Administrative Services Purchasing 10/4/2004 11 :51 AM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 10/4/2004 12:61 PM Approved By James W, DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 10/5/20049:56 AM Approved By Pat lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 10/5/200410:04 AM Approved By Michael Smykowskl Management & Budget Director Date County Manager's Office Office of Management & Budget 10/5/2004 11 : 34 AM Approved By James V, Mudd County Manager Date Board of County Commissioners County Manager's Office 10/5/20047:00 PM EX1ßB1T A-4 Contraet Amendment # 98-2891 "SCRWTP 8 MGD RO Expansion" Agenda Item No. OA October 12, 04 Page 5 0 17 This amendment, dated October 12, 2004 to the referenced agreement shall be by and between the parties to the original Agreement, Metcalf & Eddy Inc. (to be referred to as "Consultant") and Collier County, Florida, (to be referred to as "Owner"). Statement of Understanding RE: Contract #98-2891 .. SCRWTP 8 MGD RO Expansion" In order to continue the services provided for in the original Contract document referenced above, the Consultant agrees to amend the above referenced Contract as per the Supplemental Authorization Exhibit "AI-A" attached to this Amendment and incorporated herein by reference, This Amendment shall extend the Agreement from June I, 2004 through May 1, 2005. The Consultant agrees that this amends the original Contract and that the Consultant agrees to complete said services for an additional amended amount of $1,924,500 bringing the total agreement value to an amount of $7,572,863 as per Exhibits. The services consist of additional professional engineering related to the completion of the 8 MGD RO Expansion of the SCRWTP, including construction management, observation and administration. Amendment No. 4 also includes Table 2, Reimbursable Expenses. Due to the nature of the additional work required, Table 2 allows for reimbursable items which would amend Schedule B, Section B.2.2 that were not included in the original con~ 10(" 'IICJ'7 All other terms and conditions of the U..:cmam.in.forœ.. original agreement. as it may have been amended from time to time. shall re1llß.in in force. IN WITNESS WHEREOF, the Consultant and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. CONSULTANT ATIEST: Metcalf & Eddy, Inc. Corporate SecretarylWitness By: .\J L..(A\L (ì~A; Dated: /0/o1 c,/ By: Title: Vice President ,..-- Dated: /q/rj() Y '"-.'- CORPORATE SEAL A TrEST: OWNER: Dwight E. Brock:, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Donna Fiala. Chainnan Approved as to fann and ~~!!JI (h.\-Þ Assistant County Attorney Dated: October 12, 2004 m., _ _._._._._....___m_."'...·,,·_·.··___·_·_ Agenda Item No.1 OA October 12, 2004 Page 6 of 17 - M~~ Metcalf & Eddy 3740 Executive Way Miramar, FL 33025 Tel 954-450-7770 Fax: 954-540-5200 www.m-e.com Septem ber 23, 2004 Mr. Roy B. Anderson, P.E. Director, Public Utilities Engineering Department Collier County Public Works 3301 E. Tamiami Trail, Building H Naples, FL 34113 Subject: Collier County SCRWTP Scope of Work- Amendment No.4 PUED Project Number 70054 Dear Mr. Anderson: As a result of the County's termination ofUEC from the subject project and the hiring of Wharton-Smith as the "Rescue Contractor" to complete the work, the level of effort and scope of services that Metcalf and Eddy must provide has been altered significantly. In order to incorporate the necessary changes into our existing contract, an amendment to that contract will be required. A description of the items comprising the proposed amendment, as well as a detailed financial summary for each item, is presented below for your review. Each of the activities listed either has already resulted in, or will result in, an escalation of the level of effort required to achieve the project's objectives and has been accompanied by a corresponding increase in costs, including those of our team subcontractors. Therefore, we are respectfully requesting your consideration and approval of this amendment. Construction Mana!!ement Support durin!! the Notice to Cure Period Task A5A.l As a result ofUEC's continued lack of progress in completing the project, as well as concerns about the quality of the completed work, the County was forced into the position of issuing UEC a Notice to Cure (NTC). Prior to and during the cure period, M&E senior staff members worked with the County's staff to develop the documentation necessary to support the NTC, to evaluate the contractor's response, and to document his on-site efforts during the cure period. This concluded with the termination ofUEC's contract on July 13,2004. P:/Eng/SCRWTP/Amendment No. 4.doc Agenda Item No.1 OA October 12, 2004 Page 7 of 17 Mr, Roy B. Anderson, P.E. September 23,2004 Page 2 In addition to the services described above, senior M&E staff members participated in numerous meetings with the County's project, financial and legal staff to formulate a strategy to secure the services of a "Rescue Contractor" to complete the construction of the project. Assistance was also provided to establish protocols that could be utilized by the project team to document completion activities in such a manner as to support the County in the event of a future legal challenge by UEe. Work under this task was performed between June 1,2004 and July 13,2004. M&E staff members associated with these efforts included Mark Blanchard, Dave Herer, Brian Harrington and Rich Ulkus. A breakdown of the labor expended in connection with this task can be found in Table No.1, which is attached. Construction Mana!!ement Support durin!! Termination and the Mobilization Period for the Rescue Contractor Task A5A.l Following the termination ofUEC's contract on July 13,2004, M&E's staff provided numerous services at the request of the County's Project Manager to assist the County's staff with the orderly removal ofUEC and its subcontractors from the jobsite, and the mobilization of Wharton-Smith, the Rescue Contractor selected by the County, to the project site. Tasks performed included: · Complete inventory of all UEC material, equipment and supplies on site at the time of termination. Work included photo documentation of the condition ofthe project site, as well as of all items inventoried, · On site representation during removal of all materials and equipment by UEC and its subcontractors from the project site following termination. An inventory of all removed items was maintained. · Compilation of all inventory records and photo documentation, including transmittal to the County's staff. · Participation in numerous meetings with the County's project delivery team related to preparation of a "draft" contract for the Rescue Contractor and project record keeping for invoicing and future legal support. · Preparation of responses to UEC's letters, dated 7/12/04 and 7/23/04, regarding the NTC and Termination respectively. Assembling of documentation to support the positions taken. · Participation in meetings with members of the Rescue Contractor's staff to discuss the status of the project, UEe's former subcontractors and suppliers and project completion schedules. P:/Eng/SCRWTP/Amendment No.4 Agenda Item No.1 OA October 12, 2004 Page 8 of 17 Mr. Roy B. Anderson, P.E. September 23, 2004 Page 3 Work under this task was performed between July 13, 2004 and August 10, 2004, the Notice to Proceed date for the Rescue Contractor. M&E staff members associated with these efforts included Mark Blanchard, Dave Herer, Brian Harrington, Rich Ulkus, JR Richard, Everette Lopez and Sheldon Barnes. A breakdown of the labor expended in connection with this task can be found in Table No. I, which is attached. Construction Mana!lement Support Services from the Issuance of the Notice to Proceed to Proiect Completion Task A5A.l In order to assist the County and the Rescue Contractor in their efforts to achieve substantial completion by December 31, 2004, and final completion as rapidly thereafter as possible, M&E has assigned a team of experienced senior level managers to provide the advice and construction management skills necessary to help meet the project's completion goals. The primary focus of this team will be to provide solutions for the rapid resolution of all construction related issues, as well as to provide senior level advice and support to the County's Project Manager when requested. Further, the team will be directly accountable for the preparation of all documentation necessary to justify the costs expended during project completion. Work under this task will be performed between August 11,2004, the date of the Notice to Proceed for the Rescue Contractor, and the currently estimated final completion date of May I, 2005. M&E staff members primarily associated with these efforts will include Mark Blanchard, Dave Herer, Brian Harrington, and Rich Ulkus. Once substantial completion has been achieved, it is expected that it will be possible to reduce the level of effort necessary for this task by approximately 50%. Further, it is anticipated that the actual scope of services associated with this task will likely vary depending upon actual construction issues and the needs of the County's Project Manager. Therefore, it is proposed that these services be provided on a Time and Material basis. An estimated breakdown of the level of effort expected in connection with this task can be found in Table No.1, which is attached. Construction Administration Task A5A.l During the completion of this project, M&E will continue to perform basic services in keeping with our original contract, including daily construction administration activities and coordination of construction observation, If available, warranties and certifications of manufacturers' installations will be assembled and appropriate inspections will be performed. Further, a set of marked construction drawings, based on information provided by the contractor, will be maintained and upon project completion Record drawings in CAD format will be prepared. M&E will also review shop drawings and or vendor evaluation reports, including details of P:/Eng/SCR WTPI Amendment No.4 Agenda Item No.1 OA October 12. 2004 Page 9 of 17 Mr, Roy B. Anderson, P.E. September 23, 2004 Page 4 corrective work proposed, samples, and mill tests, as well as the contractor's applications for payment. Change orders and or contractor cost proposals will be negotiated and related documents will be prepared. Requests for clarifications and interpretations prepared by the contractor will be issued and formal inspections of the project will be conducted. In addition, on account of the amount of questionable work currently in place, it is anticipated that a significant amount of engineering evaluation will be required to determine, either the acceptability of the existing work, or the necessity and nature of appropriate corrective actions. Such an evaluation would entail the preparation of recommendations and/or the completion of design tasks. It is anticipated that sub-consultant support will be required in connection with this task. Based upon current projections, we estimate that a budget of $ 99,651.00 should be established to provide adequate funding for these services. These services will be billed on a lump sum monthly basis. A breakdown ofthese costs appears below. Administrative Services from June L 2004 through December 3 L 2004 Subcontractor Estimated Fee Hillers $ 26,761.00 Cartaya $ 14,000.00 Hazen & Sawyer $ 19,600.00 Total $ 60,361.00 Administrative Services from January 1, 2005 through May 1, 2005 Subcontractor Estimated Fee Hillers $ 15,290.00 Cartaya $ 10,000.00 Hazen & Sawyer $ 14,000.00 Total $ 39,290.00 Work under this task will be performed between June 1,2004, to provide suitable compensation for basic services provided during UEC's final two months on the project and the currently estimated final completion date of May 1,2005. M&E staff members primarily associated with these efforts will include Jay Ameno, Rob Velasco, Mark Montanes, Joe Polansky and Patricia Rendon. It should be noted that varying work loads and/or specific project issues may require the recruitment of additional staff members or technical specialists in order to meet deadlines or address specific questions requiring a particular type of expertise. It is anticipated that, upon achieving substantial completion, staff providing services for this task will be reduced for the duration of the project. This reduced level of staffing is expected to decrease Jay Ameno's , Rob Velasco and Joe Polansky's time by approximately 50% and eliminate Mark Montantes and Patricia Renden's time completely. P:/Eng/SCRWTP/Amendment No.4 Agenda Item No. 10A October 12, 2004 Page 10 of 17 Mr. Roy B. Anderson, P.E, September 23, 2004 Page 5 Since it is expected that the actual services associated with this task will vary depending upon actual construction issues, it is proposed that all services be provided on a Time and Material basis. An estimated breakdown of the level of effort expected in connection with this task can be found in Table No.1, which is attached. Construction Observation Task A7.6 In order to provide the quality assurance necessary to document that the work is being constructed in accordance with the requirements of the contract, M&E will continue to provide expanded basic Construction Observation services in keeping with our original contract; this involves the equivalent of three full time people. It is important to note that the work performed by the Rescue Contractor will be done on a Time and Material basis. The documentation for such work will require a significant level of effort beyond that included in our original contract, which was based upon a lump sum arrangement. Consequently, it is anticipated that additional staff will be required for this task. In addition to the expanded record keeping requirements, it is significant to remember that the time frame to achieve substantial completion is extremely limited for the volume of work involved, including startup services. In order to minimize potential delays, as well as to provide added support on a senior level, the positions of Assistant Resident Engineer/Construction Manager and Office Engineer have been added to our on site staff. Predicated upon the scenario described above, we have assumed the following level of staffing for this task: 1- Senior Resident Engineer. This position will be filled by George Papaioannou. 1- Assistant Resident Engineer/ Construction Manager. This position will be filled by JR Richard. 1- Office Engineer. This position will be filled by Jessica McGruder I - Site Secretary. This position will be filled by Rosellen Crystal. 3 - Site Inspectors. These positions will be filled by Everette Lopez, Sheldon Barnes and Douglas Evans. Initially, one site inspector will be assigned to the project. The remaining two inspectors will be phased in as the contractors work load dictates. Advance notice of our intent to increase our inspection staff will be provided to the County. Work under this task will be performed between June 1,2004, to provide suitable compensation for basic services provided during DEC's final two months on the project and the currently estimated final completion date of May 1,2005. M&E staff members primarily associated with these efforts will be as outlined above. It should be kept in mind that additional staff members may be required at various times to assist in meeting deadlines. It is expected that, once substantial completion has been achieved, staff providing services for this task will be reduced P:/EnglSCRWTP/Amendment No.4 Agenda Item NO.1 OA October 12, 2004 Page 11 of 17 Mr. Roy B. Anderson, P.E. Septernber23,2004 Page 6 for the balance of the project. It is anticipated that this reduced level of staffing will include the Senior Resident Engineer, Office Engineer and the Site Secretary. In addition to the M&E staff mentioned previously, it is expected that support services will also be required from our various sub-consultants. Based upon current projections, we estimate that a budget of$83,935.00 should be established to provide adequate funding for these services. Subcontractor services provided under this task will be billed on a time and material basis. A breakdown of this figure is presented below. Field Services from June 1.2004 through December 31. 2004 Subcontractor Estimated Fee Hillers $ 34,062.00 Cartaya $ 10,000.00 Hazen & Sawyer $ 10,800.00 Total $ 54,862.00 Field Services from January 1. 2005 through May 1. 2005 Subcontractor Estimated Fee Hillers $ 11,676.00 Cartaya $ 6,000.00 Total $ 17,676.00 In keeping with our original agreement, it is proposed that all services provided by M&E under this task be provided on a Time and Material basis. An estimated breakdown of the level of effort expected in connection with this task can be found on Table No.1, which is attached. Proiect Related Expenses In order not to disrupt M&E' s site operations during the transition period to the Rescue Contractor, the County has directed M&E to assume responsibility for providing numerous services previously supplied by DEC up until the time of their termination. It was agreed that M&E would provide these services for the balance ofthe project in order to maintain continuity. These services include: . Office trailer rental and service . Telephone, fax and internet services to the trailer P:lEng/SCRWTP/Amendment No.4 """,""¡"¡.~_~¡¡;;'",~,Wù.;;"";¡¡'''''''''/'' Agenda Item No.1 OA October 12, 2004 Page 12 of 17 Mr. Roy B. Anderson, P.E. September 23,2004 Page 7 . Bottled water . Photo copier and supplies The estimated cost for these services for the duration ofthe project is approximately $11,960.00. Further, as M&E's on site staffhas increased significantly to meet project demands, it has been necessary to utilize personnel based outside of the Naples area. Therefore, we are respectfully requesting the County's authorization for reimbursement oftransportation costs associated with getting the necessary personnel to the site, as well as for reimbursement of living expenses for out-of-state staff when utilized. The estimated cost of these services for the duration of the project is approximately $85,000.00. Finally, in order to effectively coordinate the efforts of our project staff, as well as to provide on site communications, we request that the County authorize the reimbursement of the costs associated with the use ofNextel Services for personnel assigned to this project. The estimated cost of these services for the duration of the project is approximately $3,500.00. The budget amount suggested for the services outlined above is the sum of $1 08,000.00, or $12,000.00 per month for the estimated duration of the project. The billing method / rates to be used in invoicing the above services to the County shall be as outlined in Table No.2 attached to this propos,¡ll. Contractuallv Allowed Mark-up on Subcontractors The terms of our contract for professional services with the County indicate that we are entitled to a mark-up of 10% on all subcontracted services. Based upon this provision and upon the value of such services, which are described herein, in the amount of $172, 190.00, the total mark- up due to M&E would be the sum of$17,219.00. Based on the information provided in this correspondence, we are respectfully asking that you consider our request to amend the contract to reflect the current conditions and schedule for this project and that the following amendments be implemented: Task A.5.Al Increase in Administration of Plant Construction Task A.7.6 Increase in Observation of Plant Construction Task A.5A 1 Construction Management to Final Completion $54 J ,806.00 $951,452.00 $43 J ,242.00 P:lEng/SCRWTPI Amendment No.4 Agenda Item No.1 OA October 12, 2004 Page 13 of 17 Mr. Roy B. Anderson, P.E. September 23, 2004 Page 8 We appreciate your thoughtful and careful consideration of this matter. Please be assured that our intentions have always been to serve the best interests of Collier County and all work on this project has been executed in good faith. Technical proficiency, financial accountability and professional integrity are the hallmarks of our corporate philosophy and we have always directed all our efforts toward providing the County with value and quality for funds expended. Sincerely, METCALF & EDDY, INe. .~ -J /' Mark S. Blanchard Vice President P:/Eng/SCRWTP/Amendment No.4 «VI"-- c'---' 0 .-- 0_ NO J -V ZN..... .-- E....Q) Q)Q)O) _.0 CD -00... rot) -gO Q) 0) « .,. o..:g ~~ !3j I/) E ti 6~ u 'õ' .. .. ~o.. 00 (.)~ 0.. --'-"--~ .,. j E ~ z - C tÞ E "0 C tÞ E 0( tÞ :ä ~ c ~ o "0 ... ." f en - II) o (.) "0 .!! S Q o w 85õ! ~~ i~ i ~.~.~.~ I ~§J.t 8 w r-~ .. ... ~~ I.()".,j ~.g S cnM......,..... ! æ~~; Š ...I ...r- ~ r- ~ _N ~ .. .. .. .. .. .. .. .. .. ."....... .. .. .. .... M... tit .. OlD ~~ I¡i¡ 8 0 I; ...IX! ~ij ¡:j~ ~::I ~~ § I!! ~§;~ ~ , " N i! 0 a:i~.t::: ~ ..:z: :I! .. .. 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C " .. :lUll: ...... .. .. ...... .. .. ... .. .. '.. ;!~ ~ ~ 0 - C ~ 'C I!! NN o " " UQO :z: > 88 88 88 æl!! ~~ ~g ¡;j~ 5~ :z: .. ... .. .. .. <It ...I .. f/) ..J W U III ¡! z 11 Q :> > z > 0 (/) ~ 0 II: C ...I ...I II: X! ~ I!! ~ ~ 0 ~ Q ~ w 0 f:! z Q. ii .... ~ ...I < U U ~ u ~::: :;¡ C) II: ~ 0 IJ Æ,g Š f 0 .... z 3 i III " w 8 .- i VJ :5 » ;::;;¡ ä:¡;¡ ~ IE § ..oð 0:0: 0:0: ~E1!!t; 0 ¡Ii (1)(1) ~~ (1) 'C ãïE..o i zz z.æ ü:8¡;:o ;:.. ¡; UJUJ UJUJ UJU IUI ~.~.~ ~¡¡¡ij ... .. ... - - .c"!.c .....'" «< ;¡ '" .. ow .... 11 '" ¡ .a '" c ï :ë ~ s .. " .. ow ! " .5 C! . E C & :8 C I! I! .2 ow -;~:E :ë r: ¡¡ ~ j'l- <0 C!C! ~ .! 0 Q.Q.U o Ii ~ ~ .. ;; ~ Collier County SCR WTP Amendment No.4 Table 2 Reimbursable Expenses Agenda Item No.1 OA October 12, 2004 Page 15 of 17 Cost Item RatelInvoice 1. Office Trailer Rental $225.00 Monthly Rate 2. Office Trailer Services Invoices for temp power, water, cleaning, maintenance 3. Fax Machine Monthly invoice for telephone line, no charge for fax machine 4. Fax Machine Supplies Invoices for Paper and Toner 5. Telephone Monthly Invoice 6. Internet Service Monthly Invoice 7. Photo Copier Monthly Invoice 8. Copier Supplies Invoices for Paper & Toner 9. Water Cooler & Service i Monthly Invoice 10. Color Printer Monthly Rate of $286 (est.) based on Invoice/8 months I 1. Printer Supplies Invoices for Toner & Paper 12, Transportation for out of state employees Expense Report with backup per Chapter 112.061 F.S. 13. Transportation for non- Naples based employees 29 cents per mile per Chapter 112.061 F.S. 14. SiteTrucks(3) $650/month or $30/day used based on 22 working days 15. Nextel Phone Service (5) Monthly Invoice for base rate only @ $69/month for 3 fulltime personnel and prorated at $3. 14/day for 2 part time personnel. Agenda Item No.1 OA October 12, 2004 Page 16 of 17 ~ MALCOlM PIRNIE. INC. M EPEI'IDIiNT I!NYIAONMI!ImU.. ENGINEERS, iClENTlST1l& CONSULTANTS September 27, 2004 Mr. Roy Anderson. P.E. Utilities Engineering Director Collier County Public Utilities Division 3301 East Tæniami Trail Naples, Florida 34112 Re: South COUDty Water Treatmeut Plaut Dear Mr. Anderson: Pursuant to your request, Malcolm Pirnie reviewed the letter~proposa1 of Metcalf IUld Eddy Incorporated (MetE) dated September 23, 2004 for Ameudm.ent No.4, PUED Project No. 70054, Constructíon Administration and Management services related to the 8.0 MGD Reverse Osmosis Bxpansion to the South County Waær TreabDcnt Plant (Project). The proposal contained a detailed scope of wade and budget for services through the fina] completion date of the Wharton Smith construction coDtract and incorpomtes revisions and c1ariñcations resulting trom a meeting on September 21, 2004 between the County, M&.E and Malcolm Pimie. Malcolm Pimie finds this proposed Amendment to represent a fàir and equitable contract for the provision of serviçes during the remaining constmctìon and start-up activities of the Project. It provides for adequate M&E resources to support the activities of Wharton Smith without impeding their progress and ampl. administrative and field staff to insure that the construction activities are adequately documented and recorded, Please do not hesitate to contad: me if you have any questions regarding this matter. Sincerely, Malcolm Pimie, Ine. ~L-hj. j C. Robert H. French. P,E. Associate -- 1533 HENDRY STREET SUITE 201 FT. MYERS. Fl33901 239-332-1300 fax 239-332-1769 "'ttp:IfW\lfw.plrnle.com I\€CYClED PApe~ .···'·.m__·_..__. _"___,,~ Encin..~in,-SCRWTP 239-348-0531 p. 1 Agenda Item No.1 OA October 12, 2004 Page 17 of 17 CONTRACT MODIFICATION CHSCKUSTFORM PROJECT NAME: SCRWTP 8 MGD RO Exøansion PROJECT #: 700&4 BfDIRFP II: 98-2891 PO IJ; _917436 MOD _: 4 AMOUNT OF THIS CHANGE $_' ,924Þ500 Work Order_: CONTRACT AMOUNT: ORIGINAL $ _3,920,064 CURRENT $_7.572,863 ($TNmNG I'OINT) (lNCWDI..O Tift CHANGE ORDER) "'.t Bee Approv" Amount $_536,200 (\AST TOTAL AIIT.1iC£CIJIRING 8CÇ APPROVAl) DN of Last Bce Approval 3123104 Agenda Item # _1OG Cumua.w. Dollar Va.... of e...... Orders to this Cof\trKtlWort( Order: $_3."2.799 Percentage of the change OWer/uncler current contract amounLU.07 % Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: rfthe change exceeds 1()O4 ace approval is required; under 10% reported to Bee on Purchasing report. For SpeCiflc info ",atjon regarông work orœr tf1reshokjs, øfease refer to the Contract Admí~ Procedures, Section m.c." CURRENT COMPlETION DATE (S):ORIGINAl: 12/31102 CURRENT: 12/31/04 SUM.~Y OF PROPOSE~ CHANGE (9): To Df'OV: ~~it=I,:~=I. ~=-: $&~ fO~~ =DletiOr\ of t~ COnstruction of the new ~rse =.om ..IS _II. ow ~ InJ~ wells for tne 8 ~o Exøansion of the SCRWrP. _ JUSTIFICAnON FOR CHANGE (8): Additional construction ~~ Obse~~ : :::= is rØQLIire<S due to delav;.:oo :tu, tetmjn~tk;~.:d Drior coltrra~ (iU1Q the suoseauent hiri of re~acernent COl1tractor to comotete _:... ~__ PARTIES CONTACTED REGI\RDING THE CHANGE: MPt, M & E, Purchasing, Clerks Office and County Attorney. IMPlEMENTATION STEPS (Verify each before proceeding with change using Y, N or NlA) _X_ Proposed change is consistent with the scope 0' the existing agreement _X_ Proposed change is in fact an addition or deletion to the existing scope .y-_ Change is being imptemented in a manner consistent with the existing agreement _X_ The appropriate parties have beeo consulted regarcling the Change .J<_ Proposed priœ&. fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: APPROVE; /1.(J ¿'=..iZ-._ DISAPPROVE; o.e: Date; '1.- ;',f-'- 0"- COMMENTS: Rcvised 9/14/04 Agenda Item NO.1 OB October 12, 2004 Page 1 of 6 EXECUTIVE SUMMARY Recommendation to authorize the purchase of 150 Remote Transmitting Units for Wastewater Collections Telemetry for the amount of $950,525.00, Project 73922. OBJECTIVE: To ensure effective monitoring of flows and equipment, and backup remote control of wastewater pumping stations. CONSIDERATIONS: This is a continuation of a multiple-year project to provide radio monitoring and control of the County's approximately 680 wastewater pumping stations. Collier County has 530 wastewater pumping stations monitored with telemetry and 150 without telemetry. Telemetry of all wastewater pumping stations has been identified as a priority in the County's Wastewater Master Plan. Continuous radio telemetric monitoring of the pump stations provides an efficient manner of checking the operation of the pump stations from a centralized control center. With telemetry, staff is alerted when sewage in the stations reaches high levels and staff is provided with other additional warnings and status indications, Crews are then dispatched to respond to alarms long before wastewater overflows into the community. This ensures that there is an added layer of protection to the public's health and safety. On November 18,2003, as Agenda Item 16 C 4, the Board of County Commissioners approved the standardization of Radio Telemetry for Wastewater Collections, and authorized the FY04 purchase. With this approvar, DataFlow Systems is established as the approved telemetry provider for Collier County Wastewater Collections lift stations. Also under the terms of the FY04 Purchase Agreement, Staff negotiated a pricing schedule from Data Flow that included quantity discounts ranging from 5% to 15% and a commitment to hold the current pricing schedule in place through December 2005. The quantity discounts provide an overall savings to the County through volume purchasing, and the agreement by Data Flow to holding pricing for 15 months effectively negates any cpr index or other increases in pricing. To date, DataFlow Systems has provided telemetry to the County through installation of Remote Transmitting Units (RTUs) on approximately 530 wastewater lift stations at an investment of approximately $3,800,000, at an average cost of$7, 170 each. A proposal for additional equipment and installation services for the 150 remaining unequipped stations has been provided by DataFlow. The proposed work is to provide full- service (equipment and complete installation) radio telemetry addition to 50 sites, and partial provision (telemetry components and antenna installations) for the other 100 sites. For the 100 sites with partial provisions, additional pricing is being solicited for new control panels and electrical installation. A copy of the proposal is attached. The proposal from DataFlow is for a total of $950,525.00. The per-unit average of DataFlow's provision is $6,337 each. This compares favorably with previous purchases, ,,-' Executive Summary Authorize DataFlow RTU Purchase for WW Collections FY05 Page 2 Agenda Item No.1 OB October 12, 2004 Page 2 of 6 including last year's 200-unit purchase that had an average per-unit cost of$6,666 each. Note, however, as was mentioned earlier, that the present proposed purchase includes some partial provisions that are inconsistent with prior years' purchases. Nonetheless, Staff has reviewed the proposal and has determined that the representative pricing is fair and reasonable. The basis for this determination includes a review of historical pricing, volume discounts, and comparison with open architecture alternatives. The Wastewater Department has utilized Data Flow equipment for several years and has experienced timely and satisfactory performance and service. FISCAL IMPACT: Funds in the amount of$950,525.00 are available for this project in the Sewer Capital Fund 414 in Project 73922 Wastewater Collections Telemetry. The scope of work is consistent with Wastewater Capital Budget funds budgeted in FY 05, as approved by the Board on September 23, 2004. The anticipated purchase order is consistent with the 2003 Wastewater Master Plan Update as adopted by the Board on May 25, 2004 as Agenda Item 10 C. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact resulting from this action. RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-officio Governing Board of the Collier County Water-Sewer District, authorize a purchase order for ] 50 RTU's from DataFlow Systems in the amount åf$950,525.00. PREPARED BY: Dennis McGee, Instrumentation/SCADA Manager, PUED ·___..e'______" Agenda Item No, 108 October 12, 2004 Page 3 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Ilem Number lIem SummlrY 108 Recommendation to authorize the purchase of 150 Remote Transmitting Units for Wasteweter Collections Telemetry tor the amount of $950,525.00, Project 73922. I,Ji~, DeLDI1Y, Administrator, Public Utilities) 10/12/2004 9:00: 00 AM Meeting Dele Prepared By Date Dennis McGee Project Mun'goT 9127/20U4 9,42'42 AM Public Utllltie. Public Utilities Engineering Approved By Lyn Wood Purçhasirlg Agent Date AdminÎII.trative Servicðs Purchaa.ing 9127/2004 1'01 PM Approved By Steve Camet! Purchasing/Gene,,1 SyCS Director Date Administrative Services Pun::hlsing 9/27/2004 1,05 PM Approved By Roy B. Anderson, P.E. Public Utílitíf!$ Engin&&ring Director Date Public Utilities Public Utilities Engineering 9/2812004 6:22 AM Approved By Kurl W. Boyer, P.E. Principal Project Monager Date Publlt lJtifjtieSl Public: UtWtíea: Engineering 9/281200412:11 PM Approved By Jos.þh a. Cheatham Waatew.ter l)irectør Dote Public Utílitiev. WasteWater' Treatrnent 9/29/2004 10:39 AM Approved By Thoma&; Wider;. Opemtionr. Director DÐte Public UtilitieWi Public Utilities Operations 9/29/200412:05 PM Approved By .James W. DeLany Public Utíli!ies AdmÎni!Jitrator Date Public Utllltie. Public Utilities Administration 9/30/20049:24 AM Approved By Pallehnhard Adrnìnistrutive A!o\8iBtont Date County Manager's Offìce Office of Mø.nagemt!&nt & Budget 9/301200411,17 AM Approved By Susan U1\her Sen;or M.nagementJBudget Analyat Date County Monpger's Otfioe Ottice of MUl1l1gement & Budget 10/4/200411:1JAM Approved By Micha.el Smykowskf Management & Budget Dírector Date County Manager's Office Office of Management & Budget 10/41200412:11 PM Approved By James V. Mudd County Manuger Date Board of CDunty Commissioners County Manuger's Office 10/5/20U4 12:50 PM Agenda Item No, 1 DB October 12, 2004 Page 4 of 6 Patti flow 8'1S'tS/1f8 September 16, 2004 Quote No. 0409016-01-rw Mr. Tom Stiers Collier County Public Works Email: TomStiers@colliergov.net Re: Proposed Telemetry Upgrade for 150 Existing Ciounty Lift Stations Dear Mr. Stiers: Thank you for this opportunity to offer our products and services for the above referenced project. This proposal provides for adding telemetry to 150 existing lift stations. This will be accomplished by installing a TAC Pack Telemetry Control Unit (TCU) and antenna subsystem at each station, I understand, currently the plan is that DFS will install 50 of the units in existing control panels, ship 50 to a panel fabricator for installation in new panels, and ship 50 units to the county to install at their discretion at 50 sites that are in critical condition. For budgetary purposes, 75 of the sites are being quoted with the standard 21' tower assembly, and 75 with the 35' tower assembly to cover possible communication obstructions at some sites. Our services provide for antenna subsystem installation, central site configuration update, ,and verification of radio signal at each station. AI! products offered are compatible with Collier County's existing radio telemetry system. This 2 page quotation includes, and is limited to the following: . BILL OF MATERIALS: 1. (150) TAC Pack TCU: $645,300.00 Retail $ 5,061.00 minus 15% Quantity Discount is $ 4,302.00 each (1) RF Pigtail (1) RTU Surge Protection Kit (1) 3-Phase Surge Protector (1) Polyphaser Coaxial Surge Protector (1) Backup Battery (1) Interposing relays on all pump controls, 2. (50) TAC Pack TCU Installation ($ 450.00 each) $22,500.00 3. (75) Complete Antenna Subsystem, includes:($1,258.00 each) $94,350.00 (1) 21' Rohn Tower Assembly (130 mph wind rating) (1) RT A209 Antenna & coaxial cable assembly (1) Installation services PLEASE VISIT OUR WEBSITE @ www.datatlowsys.com Data Flow Systems, Inc, 605 North John Rodes Blvd, MBlboume, FIDrlda 32934-9105 PH: 321.259.5009 FAX: 321.259.4006 - . . .-. .. :"~:.:: :.~~ .-,,_'!::-.~-'.' -- .-. ...- .:!:!¡.¡¡;~'..., .,--. ,- Agenda Item No, 108 . ' October 12, 2004 4. (75) Complete Antenna Subsystem, Includes:($1.718.00 each) . $128r850.00 Page 5 of 6 Thjs price is an estimated amount due to trees and power lines at these sites. Currently unknown considerations will have to be introduced in order for reliable communications to be obtained. (1) 35' Rohn Tower Assembly (125 mphwind rating) (1) RTA209 Antenna & coaxial cable assembly (1) Installation services 5. (10) Spare T AC Pack TCU Retail $ 4,101.00 minus 5% Quantity Discount is $ 3,896.00 each $38,960.00 6. (150) FCC licensing services ($ 105.00 each·) $15,750.00 * Pricing is contingent on licensing sites in groups of no less than 50 at a time. 7. New Polling Loop Frequency, includes the following: (1) FCC licensing services (For up to 3 sites) (3) Radio Interface Module ($1,405.00 each) $600.00 $4,215.00 QUOTATION NOTES': 1 The County will survey sites with possible obstructions to radio communications. The removal of any trees is the county's responsibility. 2 This quotation is quantity discounted priced and is based on all products and services being provided in one order. 3 Pricing is based on, no lift stations are can-type stations, the number of pumps at each site is 3 or less, existing floats provide level sensing, and all control panels are aboveground construction. All TAC Pack TCUs are to be mounted in the pump control panels. If a new control panel is required, the T AC Pack TCU will be shipped to the panel manufacturer for installation purposes. 4 Our services provide for the installation, of the county provided control panel intrusion switch. 5 This quotation assumes that entry by our employees into "Confined Spaces" and/or "Permit-Required Confined Spaces" as defined by OSHA is not required by the scope of the work to be performed under this quotation. 6 This quotation assumes that all electrical equipment to be accessed by our employees can be temporarily removed from service. 7 Only those items and services specifically listed above in the Bill of Materials are included in this quotation. The quotation totals $950,525.00 and does not include any applicable taxes. Lead-time can be determined at the time of order entry. Unless otherwise noted, prices are F.O.B. job site. Payment terms are NET 30. This quote will be honored for 90 days. i Please contact me at 321-259-5009 with any questions or comments. Sincerely, Data Flow Systems, Inc PLEAse VISIT OUR WEBSITE @ www.dataflowsys.com DataFlow Syslems, Inc. 605 North John Rodes Blvd, Melbourne. Florida 32934·9105 PH.: 321.259,5009 FAX: 321.259.4006 ..R ..~:.:..,.. ~:T...~, ... . . -lir'i'V'""i"' '-'-._~:¡¡:""- ¡:r' '~~{" ":-il..J 'õR'II'fI"I '" L ....itli'!'!"r51 . '--~~'Ú:Î!.f' .... ".' . "::~~i~":b....·_ pz- V Randy E. Wyatt Sales Manager Email: randv@dataflowsvs.com Agenda Item No.1 OB October 12, 2004 Page 6 of 6, PLEASE VISIT OUR WEBSITE @ www.dalaflowsys.com Data Flow Systems. Inc, 605 North John Rodes BM:J. Melbourne, Florida 32934-9105 PH: 321.259,5009 FAX: 321.259.4006 ~. ä..... ww":'i3i-":"· .. '-H.f_.~ ..- ···c.~··· .~~~ _H ..L._.. ....'!!£!t:__. ._._... Agenda Item No. 14A October 12, 2004 Page 1 of 2 EXECUTIVE SUMMARY Recommend to approve the contract for an Executive Director for the Collier County Airport Authority OBJECTIVE: To approve the contract with a permanent Executive Director for the Collier County Airport Authority. CONSIDERATIONS: At its meeting on March 9, 2004, the Board of County Commissioners approved a search for a permanent Executive Director for the Collier County Airport Authority. A national search was conducted by an Executive Director Search Committee, which included Airport Authority members, the current Airport Authority Executive Director and representatives fTom the County Human Resources Dept. and the County Manager's office. The Search Committee unanimously recommended the selection of Theresa Cook. On September 27,2004, the Airport Authority Board unanimously approved the recommendation of the Selection Committee and instructed its Chairman to negotiate a contract with the selected candidate. The negotiated contract was approved by the Airport Authority Board on October 8, 2004 and is presented to the Board of County Commissioners as required by Section lOB of Collier County Ordinance 2004-03. Theresa Cook has experience as an airport manager in Florida and comes highly recommended. The negotiated salary of $89,500 is within 10% of the minimum salary for the position.' FISCAL IMPACT: Funds are available in the FY 04-05 Operating Budget of the Airport Authority Fund (495) GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve the employment contract and selection of Teresa Cook for the Executive Director of the Collier County Airport Authority. Prepared by: Robin Doyle, Collier County Airport Authority Chairman Agenda Item No. 14A October 12, 2004 Page 2of2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 14A Meeting Date Approve the contract for an Executive Director for the Collier County Airport Authority. 10/12/20049:00:00 AM Prepared By Date Gene Schmidt Executive Director 10/1/20041:39:33 PM County Manager's Office Airport Authority Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 10/5/2004 9:00 AM Approved By Randy Greenwald Management/Budget Analyst Date County Manager's Office Office of Management & Budget 10/5/20049:25 AM Approved By Michael Smykowskl Management & Budget Director Date County Manager's Office Office of Management & Budget 10/5/2004 9:59 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 10/5/20042:06 PM ---,....... · . COLLIER COUNTY AIRPORT AUTHORITY EXECUTIVE DIRECTOR'S El\1PLOYMENT AGREEMENT The Collier County Airport Authority (the "Authority"), a dependent Authority of Collier County (the "County"), and Theresa M. Cook (the "Executive Director") enter into this Agreement effective on the 15th day of December, 2004. The Executive Director, the Authority, and the County agree as follows: Section 1. Duties of Executive Director: The Executive Director is hereby employed in the position of "Executive Director" of the Collier County Airport Authority. The Executive Director shaH remain as the Chief Executive Officer of the Authority and shall continue to perform her duties as spelled out in County Ordinance No. 2004-03 and/or the Authority's Administrative Code, as such Ordinance and/or Code now exist or may hereafter be amended. Section 2. Initial Term of Executive Director's Emplovment: A. The Executive Director's employment start date shall be the 15th day of December, 2004 and, unless this initial tenn of employment is extended (by amendment to this Agreement), the Executive Director's employment shall cease on the 30th day of September, 2009. B. This Section 2 shall not affect the Authority's power to terminate the Executive Director's employment, subject to Section 6, below. Section 3. Executive Director's Salary: Authority shan pay the Executive Director a starting annual base salary of $89,500, payable biweekly. Section 4. Adjustments to Executive Director's Annual Salary: In the month of April of each year, Authority shall conduct an annual performance evaluation of the Executive Director and recommend to the Board of County Commissioners increases to the then current base salary based on the respective annual employment performance evaluation. (This is to coincide with the Authority's budget being transmitted to the County Manager not later than May 1, or otherwise in accord with the County's general budget policy or general law, whichever date is earliest). The salary increases shall become effective on October 1 of each year (the starting date of the County's Fiscal Year), and shall be increased by applying the then current CPI-U increase to the Employee's then CUlTent base salary, oc largec salary increase approved by a majority vote of the Airport Authority and funded by the Board of County Commissioners in the Authority's budget, whichevec salary increase dollar amount is greater for the respective fiscal year. Pø --_.._.. ...~ Sedion 5. Executive Director's Emplovment Benefits: A. The Executive Director shall be entitled to receive the same vacation, sick leave benefits, health insurance, and life insurance, as are then accorded generally to Collier County employees in her pay range, including the provisions governing accrual and payment of vacation upon termination of employment, except that three week vacation shan begin in the first year. B. An provisions of law and regulations and rules of County relating to vacation and sick leave, holidays, and other fringe benefits, and working conditions, as they now exist or may hereafter be amended, shan also apply to the Executive Director in the manner that such benefits apply generally to other similarly situated employees of County, in addition to the additional benefits, if any, specifically in this Agreement, as may be amended from time-to-time. C. The Executive Director shall be assigned a vehicle which shall be a mid-sized sedan. The vehicle shall be furnished as a Class A assignment pursuant to CMA #5204 D. 1. (c) (1) and shall be utilized as authorized by the County Centralized Fleet Management System. Section 6. Termination of Emplovment; Notice to Executive Director: A. The Executive Director is not an "at will" employee. Any term or condition of this agreement to the contrary notwithstanding, Authority may summarily terminate the Executive Director's employment during the stated term of this Agreement only as fol1ows: (1) In the event that after execution of this agreement the Executive Director is convicted of a felony or misdemeanor. (2) Except as set forth in Subsection 6(a)(1), immediately above, in the event Authority desires to temùnate the Executive Directors' employment for good cause (such as gross insubordination, failure to follow direct instructions from the Authority, excessive tardiness or excessive unexcused absenteeism), Authority may do so only in the following manner; (a). A Resolution of the Authority's intent to terminate the Executive Director's employment shall be adopted at a regular Authority meeting by an aff"tnnative vote of at least five (5) members of the Authority after said Resolution has been placed on the agenda of such meeting. (b). Upon adoption of such Resolution of intent to ternrinate the Executive Director's employment, the Authority may consider the adoption of a Resolution terminating her employment at a regularly scheduled meeting of the Authority not less than fourteen (14) calendar days thereafter. The Resolution terminating her employment shall require an affirmative vote of at least five (5) members of the Authority. 2 "'""''''~'''''''_''''__'''''_''''~''''., ·'·.'~H --'~--.-~...---~---- (C). The adoption of a Resolution tenninating the Executive Director's employment shall constitute a ninety (90) day notice to the Executive Director, and, upon the expiration of the ninety (90) day notice time frame, the termination of employment shall become effective. As an alternative to the ninety (90) day notice, the Authority, in its discretion, may immediately tenninate the Executive Director's employment, subject to the payment of all salary for the ninety (90) day period that would otherwise be due as if she had worked throughout that period. B. The Executive Director may resign her employment only if her ill health or other serious unforeseen circumstance that are beyond her control make it a practical impossibility for her to adequately thereafter perfonn her duties. In the event the Executive Director resigns her employment with the Authority, to the greatest extent possible, she shall give the Authority not less than sixty (60) days advance written notice except to the extent, if any, that the time frame is waived by the Authority or unless agreed between the Authority and the Executive Director. C. In the event that the Executive Director resigns her employment, "suspension" by the Authority "with pay" after such resignation shall not be considered discipline under any Authority or County Ordinance, rule, regulation, or otherwise. D. In the event of termination or resignation, Authority shall pay the Executive Director all money due the Executive Director not later than thirty (30) calendar days after the effective date of the tennination of employment, including accrued vacation benefits. Section 7. Payment of Executive Director's Exvenses: A. The parties hereto agree that it is in the interest of the Authority and the County that the Executive Director participate in professional organizations that add to her professional development regarding the Authority. Therefore, Authority shall recommend to the Board of County Commissioners that the Board annually budget the Executive Director's dues and subscriptions to fully participate in the following professional organizations together with such additional organizations as may, from time to time, be specifically approved during the budgetary process or otherwise, by the Authority: 1) American Association of Airport Executives (AAAE) 2) Florida Airports Council (F AC) B. Authority agrees to budget and pay the travel and the subsistence expense of the Executive Director for professional and official travel outside of Collier County as authorized by law. 3 -'---,.,.- "' ~m_,._."..___-.-,__._,_ C. AU of the Executive Director's out-of-state travel not specifically budgeted as provided for herein must be pre-approved by the Authority. Reimbursement for out- of-county travel shall be in the sums of money as provided by Florida Statutes. D. The Executive Director's relocation expenses shall be paid in accordance with CMA #5346, Relocation Expenses. Section 8. General Provisions: A. The Authority shaH fix any such other terms and conditions of employment, as it may detennine from time-to-time, relating to the performance of the Executive Director, provided such terms and conditions are not inconsistent with, nor in conflict with, the provisions of this Agreement, nor with County Ordinances, the Authority rules, and other applicable laws. B. The text of this Agreement constitutes the entire agreement between the parties. This agreement is subject to approval by the Board of County Commissioners and being signed by its Chairman. C. This Agreement shall be binding upon and inure to the benefit of the heirs, beneficiaries and personal representatives of the Executive Director. D. This Agreement is a personal services contract. The Executive Director shall not assign (or otherwise transfer) any of her duties or obligations under this Agreement. Any such transfer must be expressly authorized in advance by adoption of a Resolution of the Authority. E. If any provision, or part of any provision, in this Agreement is held by a Court of Law to be unconstitutional, invalid, or unenforceable, the remainder of the Agreement, and portions thereof, shall be deemed Severable and shall not be affect the remainder of this Agreement, and shall remain in full force and effect. ATTEST: COLLIER COzr/ AIRPORT AUTHORITY ~ I ! By: Á.-- Robert E. Doyle, Jr., ~SSES: GtA ~¡....o(_ First Witness 11.J.' hð-y'\~ S~Y1 e..... Print Name ~ï6~, S co íi Witness ~~q ~J"79- - Print Name 4 ","-,-,._",~,_. ",._.~."_.".."-...~".",,,,._,,-,,-----_._,--,,._~...,- WITNESSES: ^ -~ [~ JIAL (()A/...O J ' First Witness By: ~~(O THERESA M. COOK /1),' /1 () 11 c.. s -f-r> )'\ €- ~,~~ Sod Witness ~~ / ~.DJ rJ"r Print Name ATTEST: DWIGID E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLlER COUNTY, FLORIDA. By: Deputy Clerk By: DONNA FIALA, Chainnan Approved as to fonn and legal sufficiency: ~p~ Thomas C. PaImer, Assistant County Attorney 5 Agenda Item No. 16A 1 October 12, 2004 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve final acceptance of water and sewer utility facilities for Island Walk, Phase 1A 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 Island Walk, Phase 1 A 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 7/28/1998. Final Acceptance is in accordance with Ordinance 2004-31 as amended. 3) ...*>0-""', 4) 5) Staff has recorded all appropriate legal documentation which has been reviewed by the County Attorney's office for legal sufficiency. The water and sewer facilities have been operated and maintained by the Collier County Water-Sewer District during the one (1) year warranty period. 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), submitted with the Subdivision bond may be reduced by 10% for the utility related items that have been satisfactorily completed. 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 Island Walk, Phase 1 A, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Tonia Leavitt, Enqineerinq Technician Itom Number Item Summuy Mooting Dow Approved By Thoml.$ E. Kuck, P,E. CommUI\ity Development & EMvirourrliftl'lt,d $!:rvic lfl. Agenda Item No. 16A1 October 12. 2004 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A1 Recommendatíon 10 approve finsl acceptance of water and sewlu utility facilities10r leland Walk, Pha!51!' 1A_ 10/12120049:00:00 AM coes Engineering SP.rvICf!fò Director Dite CCES Engineering Servìces &130/200H1:35AM Datu Approved By PrmHtlü Líbby Public.UtllltiCl!$ Wô.tt,,' 0lumt1íunlt Manager Watttr 9/212004 &:40 AM Dutl! Approved By Puul Matt'IJ ISI~h Public UtilitiH Wutftr D¡r~dor Wllter 9/212004 1:50 AM DI'II'-' Approved By Stephen l. Ntlgy Publil: Utìlitiuli Wastlf'w8ter Cøllechon:5 MII""gm' W,.stnWatttr 913120047:4:1 AM Date Approved By Roy 8, Ander5oo, P.E. Public Utïhtí(I"1I Publit:. Utilíti~8 Engintltlring Oirer.tor Public UtllltiM Engineering 9.7.12004 1 :&8 PM D:JIte Approved By Joseph 8. Cheatham Publíc U1Hltles Wan.tewÆtor Cirac1al WasteWater Treatment 9/8/200.4 11 :30 AM Oal1! Approved By S.ndra lvo CQmtnunity Dt~vel()prnel\t &. Envitorlft1ttut.nl StI'Ví,:mi E)(~cl.itil/~ Strcretury Cornrnuflity D(!Yt/lopnumt & E.wírollrnentoJ Service!1 Adtnj!l. 9117/2004 2':06 PM Dalt~ Approved By JUI¡tt,)h K. Schl'flitl Community Dflveloluntllnt & En~¡ronmf!lf' fal Sorvic-e_" Community Development a Environmental Services Admínstrator Cornmunlty DttvoJoþtmlnt & Envlronme-ntal Saryicu Admin. 9/21/200. 6 :4." PM 0... Approved By Pllt lehnhard County MI!I".ger's OffiC'ifI Admi'1j6trlltÎVe Aaaiø.tant Office of Msnagemll!!nt & Budge1 9/23/lO04 2:22 PM D... Approved By Marill1au::klJun County Mal'lager's Office Rudget AtMly!St Office Df M.nøgement & Budge1 9/231200. 2:59 PM Dntn ApP"oved By Mu:hanl $tnykDW$kl County Maml(,JE:!r's¡ Offk..e MfUH10I!'Ylf!nt & Budgett t.)im<:tl>r Office of Maltagernent & Budget "30/200.,8:20 AM Dote Approved By J..nlo.¡ V. Mudd B<uud r>1 CI) nty C(ltnnllsui<UlfIt.s County Matlugm County Mlnager'tI Office 91301200" 10:26 AM ....--..-...-..",..", - ...-v'" «0..... (DOO ...- ": '" ON Q) Z"'- OJ .....ro EQ.)C- Q)D .....0 -;Õ "00 c:: Q) OJ « 4iN~~¡;.¡¡~j~n¡",""";;"""'''';';'·''''''''''''';''''' I/) III ::I ~ ~ s ! CJ CJ tQI'I'^)1no& ,.,.,001 :rwJS OJ..I.OH I - -.- i ~¡ . ~ - a ! Ê.. ~ ~; ~ i ~~ .., ~ N ~ ~ I - o . - ~. ~~ a.. « . ê! ~ ~a~ ~a~ ~.'" ~ . . ~g~ ~ ~.. - ~g~ ~I z ~~~ Î .... ~ I 0 ......" - a ~ ~i ~ i- ª- U i!~ ~~" 0 f- ~~ ..J tI.-iJ,y.wIß.LNI i- il "- ~~ i ~ ~ c~! ~ :ª~ì- ~¡ ! LJ ~ '~ I~ ~ ~ §. ~~: ~~ ~ §. ~ ~ ~ ~ n ~ ~- 1m::. A~HOO~ .. J1Cr.) SODOM 5S~ (RIO) HWII'~ OJ'Q1Jd a.. « ~ LLJ I- - en * ~ ø.. ~ . ! Agenda Item No. 16A2 October 12, 2004 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve final acceptance of water and sewer utility facilities for Island Walk, Phase 1-8 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 Island Walk, Phase 1-B 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 November 10, 1998. Final Acceptance is in accordance with Ordinance 2004-31 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 Divis,ion staff and found to be satisfactory. 6) The Utilities Performance Security (UPS), submitted with the Subdivision bond may be reduced by 10% for the utility related items that have been satisfactorily completed. 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 Island Walk, Phase 1-B, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Tonia Leavitt. Enqineerinq Technician Item Number Item Summlry Meeting Date Approved By Thoma!. E. Kuck, P.E. Community Development & EnvímnlYlt~ta.! Servir::~!ò Agenda Item No. 16A2 October 12. 2004 Poge·2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A2 Recommendation 10 approve final acceptance of water and sewer utility facilities for l!iland Walk. Phase 1·8. 10/121'10049:00:00 AM CDES Engineering ServÎceg Director Date CDES Engineering Services 9r7!2004 8:02 AM Oi.ttl Approved By Pamela Libby Public UtiUtie5 W..ter Opl!t<ltion!ò Man4lger Waier 9/1i2004 9:41 AM Cute Approved By Paul Mnttausc.h Public Utilfties Wat.~r Director Water 9m200' 10:04 AM Wutl!'water Col~r.Jion$ Man.ugcr Date Approved By Sierhen L. Nagy Publk U\iUtÎIH. Wastl!W.ter 917!2004 1:56 PM Date Approved By Roy B, Anderson, P.L Poblu: Utilitíl~'5 Public. Utilities Engineering: Director Public Utiliti!;':!); Etlu'neC':rinn 9f7!2'004 1 :58 PM Dab! Approved By Jost!f)h B, Cheatham Public Utilitie<¡; Wastewater Director WasteWater Treatment 918(200.. 11 :30 AM 1).lre Approyed By Sandt;] I.ea Community Dtlvelol)men, & Environnmn!:lIISnrvi(:m; EXÐcutivE'SecretBry C(,mrmmity DI!veh>pment & Environmental Selvice~1 Admill. 9/17120042:11 PM Dah! Approved By Jo!wph K. Schmit! Communily IJe\ll!lloprnF.=nt &. Environmp..nt.al Sttrviccs Contmunìty Development & EnvironmentAl Services Adminstrator Community Ot!v(!lopment. &. Environmental Se,r\lices Admin. 9/22/2004 ß:44 PM Dote Approved By Palt Lehnhard County Manager's Office Administrative Ä!òsistant Office of Management & Budget 9123/2004 2:23 PM D..le Approved By Mõn ¡ Isa('.k~ol. Coonty Manag:er's Office Budge! An.lly!d Office of Management & Budget 9/23/2004 3:08 PM D<ltl!! Approved By Michal!1 Smykowski County Manager's Office MaIHltll~lfIf':td & Budg~t Diu!ctor Offíce of Management & Budget 9/30/20048:21 AM Date Approved By James V. Mudd Bomd of C )Imty Cotnmis:¡.ione'$ County Managnr County Manager's Oníce 9f30/20o.c 10:28 AM '--"---,..,. N"<:t("") «0__ (DOO ..-N("") ON (!) Z""" OJ ....ro EC1>D... C1>.D .......0 ~t5 -00 c: C1> OJ « ~ CO ~ ~ Ø> ~ :;) ~ ~ W ¡¡¡ ~ ~ i CI ~ CI ¡¡¡ :n...:JS 01 J.ON / -.- . ! ~ ! ~ §. "- N~'= _ ~ i "3 i - z' I ~ ~ Š ~~ GIN^" ISfT100 ~. '1/'0 :i I-Z ê . !~ 00 L ~ ~ i~ w- o ~ .!;;( ~~ - ;! 00 ~i !I: 0 ~ S "--J § ~ ~~ i ~ ~ ~ ~ - i - ~ ~! ~ ~ a~~ .. ~~i Š~' µ ~i ~ h 5 " g ~ ~. ;: ð! ~ g L ;! ~ å= ~ ~:;; ~~~ f IL -i.LVJ.IAØIN gn"Y.) AW.NnOO ~.110!1 ¡;OOO/II 5S31W.1.:J c i~_ ~!~ (~) HSII"" ,....:>I1Jd II) Ø> :;) w CI CI OWV~1\08 W'I'!)O' ~¡¿~ to ~~~ "I - !~. ~ ~ªi ", i i '" """" ¡¡ ~ ~~ I~c I "- ~ ~ ð' ~; - ~~ ~~ ~ ~~ ~ ~ ~ ß ~S ~i~g ~ ~ I~' n 3~ NOJ.""",^" ~ !~ a... « ~ LLJ I- - en CD I ~ o ~ < f :0:: ;;i ~ !Z j !!2 a... « ~ z o - ~ U o ....J Agenda Item No, 16A3 October 12, 2004 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve final acceptance of water and sewer utility facilities for Island Walk, Phase 3-A 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 Island Walk, Phase 3-A 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 March 31, 2000. Final Acceptance is in accordance with Ordinance 2004-31 as amended. 3) ",- 4) 5) Staff has recorded all appropriate legal documentation which has been reviewed by the County Attorney's office for legal sufficiency. The water and sewer facilities have been operated and maintained by the Collier County Water-Sewer District during the one (1) year warranty period. 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), submitted with the Subdivision bond may be reduced by 1 0% for the utility related items that have been satisfactorily completed. 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 Island Walk, Phase 3-A, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Tonia Leavitt, EnQineerinQ Technician Item Number Item Summary Meeting Date Approved By Thomas E. Kuck, P,E. COMmunity Dovelopn1ent & EnvitfHll1lf,nbl Services Agenda Itern No. 16A3 October 12, 2004 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A3 Recommendation 10 approve final acceptance of water and sewer utihty facilities for Island Walk, Phase 3-A 10112!2004 900:00 .~M CDes Engìm~ering Sf!rvices Director Date CDES En9i"~erìng Services 9,7/200-48:11 AM Date Approved By P.:øncla Libby Public: Utilitier. WiHet Operatiuns Manager Water 91712D04 9:41 AM Dutf~ Approved By Paul Mill1au.!f.ch Public Utilíties Wat~r Directnr Water »m2004 10;04 AM W2l$.tewater ColI~clions Manuger Date Approved By Stephen L Nagy Publh: UtïIÎt¡ ~s Wa$t~Water »nf20041:56 PM Date Approved By Roy 8. Anderson, P.E. Public Utilî1"~1i Public Utilities Engineering Director Pl1blil; UtilirÌl~5 Enginc~ing 9f7f2004 1:59 ÞM Date Approyed By Joseph B, Chl!atha.m Public Utilities Wastewater Director Wa5teWater Treatment 9/812004 '11 :31 AM Dahe Approved By Sandra Lea CQmmunitv D~v~lofun~l1t & E.nyìr<mmentll Sltr'Wict~!j EXf'!cutivft Sucretiuy Community DI~veh)pnwnt &: Enviroflfnent."l1 Sel'\licl!5 Admin, 9!17J2004 2;11 PM DatE! Approved By JnSUflh K. Schmitt C-omfnLlnily D4'lvl!t!opmoht & En\lironment.,IServicfrs Community Development &. Environmenhd Services Adminstrator Community Ol!vlf!loprnent '" Environmental Senlic.cfI Admin, 9/2212004 6:4-4 PM Dólte Approved By Pat Lehnhard County Manager's Office Admini"trative Assis.tant Office of Management & Budget 91'23./2004 2;25 PM D¡Jle Approved By Ma.riì l'5ndn¡on County Manager's Office Budget An..IY!i.r Offic.e 01 Manøg"men1 & Budget fðI23/200~ 3:16 PM Dute Approved By Mich.ud Sl1'Iykøwski CDunty Manager's Office Mallaf) ~m~nt 8. Budget D¡n~ctt)f Office of Management & Budget 9.'30120043;22 AM Date Approved By James V. Mudd B(mrd ,r CDunty CUlnrni..¡¡i(lnms. COllnty Managr.r County Manager's Office 9/301200410:32 AM <"J'<t<"J «0_ (DOO ..-N(") ON- (I) Z'- O"J \..-ro E(I)Q.. (1)..0 _0 -;;0 ¡:¡O c: (I) O"J « CII :::I ØI :::I ~ z o w- ~!< 000 o -' ~ ; 1: ~ w o i w o ~ ¡¡; :nY:IS Ol lON / ____ _ lL i ~~ ¡¡- j' h' "»I S~ I i ~ ~ a u. . o ~ ~ ~ ~E ~§ ~~ ~ i ~ ~ N~~ g ~ ~~ ~;~ i \!~ ~~ ~ "'" VirT'I:X) ~.. y:) ~ ~ g ~ ¡ ~ !! 5; $~ 'n i ~ ~ ~ !! . ~ §.. "';.... u . ~. g ~ o .- - ~ ~ ~ < ~ ~ § - ~ !~ ~ ~iJSt . i<- .. u. ~"~ J ~ :~.. ¡¡:¡ ~~! ~m i~ ~iJ~ m ~gi í .. It ..,. IMI01 n ~ Ii ~~ g ~ Es ~ ~i r ~ I I ~ ~ ~~ ~~; r ~- i~~ ~g ~ ¡- ~- ~ it - ;UY.LIaBLN en1:)ÁHJ.I«1O;:!IV:I11Y.1 SOOOifII,SS~:I - 3lVlSYiJ,N1 ~ ~I ~g ~ ~ ~ ~u · ~~~~ ~ ~ . ~> s I~ ~~ u~ ~ ~~ !!' ~ ~~ ¡! NOiIÐNIN'1 (1öO)~I'IIH'I?1Jd ~~~ ~âõ c... « ~ t.LJ r- - CI) < I >') IIJ iii! :J: I- ~ < it: :II:: ..J < ~ ¡ < ~ a.. « ~ z o ~ u o -.J .~,...-.- --- ""'..-~"''''''''~ Agenda Item No. 16A4 October 12, 2004 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve final acceptance of water and sewer utility facilities for Island Walk, Phase 3-B 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 Island Walk, Phase 3-B 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 April 14, 2000. Final Acceptance is in accordance with Ordinance 2004-31 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), submitted with the Subdivision bond may be reduced by 10% for the utility related items that have been satisfactorily completed. 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 Island Walk, Phase 3-B, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Tonia Leavitt, EnQineerinQ Technician Item Number Item Summary Meeting Oate Approved By Thomas E. Kuck, P.E. Commul\Íty Development & Envimmnenbl $1!>r\ìÎCIf:S Agenda Item No. 16A4 October 12, 2004 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A4 Recommendation to approve rr"a! ac.ceptance of water and sewer utility fatiJities for ¡siand Walk, Phase 3·8. 10/1212004 SOO:OO AM COES Engineering Services Director Date CDES Engineering Services. 918/,2:004 8:15 AM P...m~la Libby Walm- Operutioo5 M~nagN Dillt«! Approved By Public Utilrt.i~s Walnr 9/11/200412:37 PM Approved By Pa(11 Mnttamu;h Public Utilities Watj~r Direr;tur D'l1ftc W3ter 9/14120Q4 9:33 AM Dm. Approved By Stephen L Nngy Public: UtilítifMô Wa!tt«!water ColleclÎons M.lnuger Wub!Wartér '9/16120041.1:50 AM Date Approved By Sandra Lea Cmnmunity Oe...eIDþmp.nt & En'/ironlTtenlill SI!'NICet> Ex ecuti'le Secretary Community Oellr!',lopment & Environmp.fttøl ServÌ/;t1s Admin. 9"171200",3:54 PM D,¡J1e- Approved By Jo~;t1'ph B. Ch~uth"m Public. Utilities Wa.$tl~w¡¡ter Oimt:t!)r WasteWaterTro3tment 9/2212004 2:02 PM DatE' Approved By RDY B. Andl!rson, P.E. Public- UtWtÎ(tH Public Utilities f-,ngìneering Director Public UtiHtiE!~ EU\lìneerino 9/2712004 2:57 PM O¡If{~ Approved By J()!H!ph K. Schmitt Community DEI\lf\lotlfnènt & E,h...ironmll'nl:al $p.rvlI:i!!$ Community Development & Environmental Se-rvices. Adminstra\or Cornm\Hlity [)ev(! opmont & Environmootal Services AdmIn. 9/27/2004 5:00 PM Date Approved By Pat Lehnh;¡¡rd County Manager's Office Administrative Aßsistant Office of Management & Budget 9/23r2004 10:20 AM O¡~le Approved By Marl; sadmol1 County Manager's Office Budgøl' Analysl Office of Management & Budget 9/2912004 10:00 AM D;j t ~ Approved By Mìch¡u~¡ Srnykow$ki County Manaqer's Office Man¡ ~ I~ment &. Budget O¡mt;tC>r Office of Management & Budget '9/30/2004 ð:24 AM Date Approved By JanH!$ V. Mudd Bmud Df CDunty C()fnn)ì$ ~i(lfu~rs C-aun1y Matl:lgur County Manager's Offíce 9/30f2D-O-l- 10~49 AM oqoqC') <0_ (DOO ..-NC') aNa> z"- O"J ...ro Ea>e.. (1)..0 ....,0 -;ü -00 C (I) O"J < " ~mw ~l ~~"''''''''~... ~ ..--I I--- _- N -- V -- -- -- Ì' -~t= -J 1 :- 3ft.t:I.l.tlO^I;~ -' T i -.-, ---j ~ -----" ~ ¡=;= I--J \-- \- ~lli 3^MJ3Ott~ 't'Ntlru.'t'S I v 11 \l Î/T'SSVi'" JI ill II ~ 111 II I t--\"--- 11 \ ~"A! ~/ ~ ~ Tr ìJf7rrr;; ~ Dr!JJJ ~:: @g - ¡---- "- ~ Ii / t--- c-- f- --., '- iU.Z ~ ~à 3~ ~~ M!~ ( ;¡~~ ~ ~ t=::t= ~ 11, 1,7: ~~/ f---.- r- ; #' ')¿/. :.---:;::::j ~ /---., ~ I--- ~ _, _:::.--' -- N 1----1L - '-- ...... - '-- ¡I --- -- t:==-r--- I:="- ~ - '----< i---j -- '- 1== -~ - ---.j ---., - I / I- ==i== =j --I == ~ ..... .... - 3õ::1ti\:) )oI"1't'MoN"f"lS1 ~ -------- ?ê ~g,-- -- ~ -- lIT [Iì i <3' j¡ \-.- \--- . ,-- I- I-- I- I-- Fn"~ J1:)tlO 'f'~d ]Q "'1$1 - II II! II \ I \.. ~ ~ 51 II1111 I) Ilr~ ~YG. Im'd n>NVRtL r-- ~ II'll ~ ~t== =~E=:: -~- --~I- _.- -"== ~~~ ==~- ~!;::::: -"¡::= ~ õ'!-- - ~i-= - ~r= - ~II-~f- - 3MY'1 :nIJI'IYQMIIfo t---- II ¡I III 11 i=- - - ... ¡ ! ~ at í ::;) ð w I ~ ~ ~ I I I ! I \ \ ~ CD at ::;) ~ ~ ~ z o w- ~!;( ",0 o -' w ~ ~ u 2 ~ ~ Ii 31'1":15 Ol .L0t<I / -.- - ~ I ~ I ~ ~~ -. ~~ ~~ N . i ~ ~ ¡ :: ~ ~ . . ¡ . - - ~ "~ I .... ~ ~..~-:> ~ ~ ~ ~ t ~ g . E~ ~:!:i ~ ::; c. ~. - ~ ~~ - ~- . ~~ ~; - : ~ ; ~ s i ~ ~~ ~ 81'1" Aij,LNI"\O::I .. ÐO' SOO(M\~:I !1 ~ q- ~; ~ ~! ~¡ ¡¡~ . i !~ ~ ã¡;!* . pe g:J~ . tØ ~ [: ~ - pe s~~ IM>01 . :1~~ Ø> ~~; s-' Î " Ii. ~~ ~" 1< ~ 5;:: N. -<1i r â" ~ §s ~ 5 ~ r h~ §- §¡ ~ §- 1L-;UV.1&IB.1HI h ~- ~ 31 ~ ~ ~ ~ lo " ~; N i ~ > ~ i~' ~i oR ~ ;E {1IfO) I'IS~I'I NY:)(1)d (L « ~ UJ t- - en IfII 1')' ~ :I: .- ~ f ~ ~ ~ <0( ?l1 (L « ~ z o ~ u o --I Agenda Item No. 16A5 October 12, 2004 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve final acceptance of water and sewer utility facilities for Island Walk, Phase 3-C 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 Island Walk, Phase 3-C 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 August 15, 2000. Final Acceptance is in accordance with Ordinance 2004-31 as amended. 3) """,........... 4) 5) Staff has recorded all appropriate legal documentation which has been reviewed by the County Attorney's office for legal sufficiency. The water and sewer facilities have been operated and maintained by the Collier County Water-Sewer District during the one (1) year warranty period. 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), submitted with the Subdivision bond may be reduced by 1 0% for the utility related items that have been satisfactorily completed. 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 Island Walk, Phase 3-C, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Tonia Leavitt, EnQineerinQ Technician Item Number Item Summary Meeting Date Approved By Thomas. E. Kuck, P.E. Community Development & Envjmllm~nta Sj~rvic~s Agenda Item No. 16A5 October 12, 2004 Pag€'! 2 ot 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A5 Recommendation 10 approve final acceptance of water and sewer utility facilities for Island Walk, Phase 3·C 10/12/20049:00:00 AM COES Engineering Sel'\lices Director Date CDES EngiMering Services. 9,7/20048:10 AM Dab! Approved By Pa"I~!I;¡ Libhy Public Utilitif!ß, WidtH OI)BI~.titm!~ M-.n.agiP.r Wa1nr 9m2004 9:"'2 AM D,Hte- Approved By Puul Matt;lu$ch PublÎc Utilities Water Di,e¡;tor Water 9.'7f2004 10:{ 6 AM Date Approved By S1cphen L. Nagy PublÎl: Utîlj1Îf~s Wast ~water ColI~çtions MmHlg ~r WØ$t&.Wutl~r 911 !Z004 1 ~56 PM Oat. Approved By Roy B. Anderson, P.E. Public Utilitit!'1õ Public Utilities Engineering Director Publk Utilitill\s, Engineering 91712004 1;59 PM Date Approved By Joseph B. Cheilthõl!YI Public Utilities W.1stewllter D¡re ~tor WasteWater Tn!!atment 918i20{14 11 :32 AM Dale Approved By S;andra l«!8 CQmmunity De"~I()pment & EIIYironrn~nro! SUlVjl:C-'¡; Executive!' SIJ'Cf'1'Jtary Community DeYE!lt)þl1'IEmt 8. Enviwllrnel1td Servke!l. Admin. 9111J20CÞ4 2:29 PM DOIte Approved By JO$c, h K" Schn)itt Comrnunity O(!velopm~nt & Environmental Services Cornmul"âty Development & Environmental Services Adminstrator Cornm,¡nlty Dnvefopment & E.rrvirontnEmtal Se-r\'ic:e-$ Admin. 9122.'2004 6:56 PM Date Approved By Pat LehnÍ1ard County Manager"3, OfficI! Adminis¡tra1Ne As¡;ìs.taflt Office of Management & Budget 9/23/2004 2:26 PM Oal:e Approved By Mark 1~¡H;;kH.olI County Manager's Offic.e Budget ArMIY!i-f Offic~ of ManagE!ment & Budget 9,'23/2004 3:28 PM D.1Itll' Approved By Mi;;hael Smvkøwski County Manager'!> Ottíct! Man~ cunl!!nt & Budget DiU!I::tor Office of MalHlgement & Budyet 9.'30/2004 ð:25 AM Oat. Approved By J""mes V, Mudd BmJt<! 1,.1 County Commi¡¡.t .ioneu; County M:mager County M-anager's Office 9/30/200411:11 AM LOVe') «0_ (000 ..-"Ie') ON( ) Z"- 0) .....ro E( )o... ( )..o ......0 ~t5 -00 c: ( ) 0) « a.. « ~ UJ t- en ~ <.> I 0<) j¡! :I: ~ 31't:JS0lJ.OH / ~ ~ - <:( iE :0:: .J 1 ~ <:( ~ I E ~ ~ ¡ w. w. ~;; N~~ ~. j i ~ 0; . . i ~. - !!2 ~ ! ~ ~; ." u ow ~~.·¡..o E ~ ~ ~ Î ~ ~N ~~ I~ I"' ~..... o . ~ ~ ~ - ~. o. ~; ð~ r ~ ~ a.. ~ « ~I ~ ~~~ ~;~ oø ~ ~;1; . ~~t ~ ~g; ~ ~~t; ~I z .. g~~ .0 i ~ i 0 .... IM>01 11. - E ~ ~ ~ ~s i~ i~ ~ ~ u ~~ ~ ~ i i~ . .g Ð , ~< ~~~ 0 ¡- f ~~ ....J ~ t:::!: ~¡ i- :! ~L ~ N ~ . ~ ~ . - . ::: < ~ ~ ~ - ~. §! ~ n ~. 81'11:) "'~NflO;) "jlO~ SOOQ,f !, SS3YdQ g-:ilV~1 ~ .. ~ª~ NQ!-..n i~ '"f1" Agenda Item No. 16A6 October 12, 2004 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve final acceptance of water and sewer utility facilities for Island Walk, Phase 6A 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 Island Walk, Phase 6A 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 31, 2002. Final Acceptance is in accordance with Ordinance 2004-31 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), submitted with the Subdivision bond may be reduced by 10% for the utility related items that have been satisfactorily completed. 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 Island Walk, Phase 6A, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Tonia Leavitt, EnQineerinQ Technician ~_...,.".., ~ Item Number Item Sum miry Meeting Dote Approved By Thomas E. Kuck, P.E. Communíty Dcvelopment & En'limnt,,{~t¡)1 Servi<:eli. Aqenda Item No. 16A6 - Ocloberl2. 2004 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16AG Recomrnendation to QPprove final acceptance of water ¡and sewer utility facilities for Island Walk. Phase 8A. 10/12120049:00:00 AM COES Engineering Service!,; Director Date CDES Engineering Services 9,7120048:09 AM O..tc Appl'Oved By PanlCl" Lihby Public Utiljti~ W.)tm Qpl!mtíun!ìo Manager Watnr 9nl20D4 9:42 AM Du1~ Approved By PU.II Muf1:¡JIJ~t:h Public Utilities Watp.:rDir(!dot' Water -a17l2004 10:07 AM Dat.e Approved By Stephen L. Nag)' Publk Uti jti(~!; WtI$.tewater Coli.eclit1ns. Man..qef W2l$tt~Wutl!!r 9f7120G4 1 :&7 PM Date Approved By Roy B, Anderson, P .E. Public Utili1:itrs Public Utilitìes Engineerlllg Director Public. Utilitie-s EIIgin(tflring 9f712004 2:00 PM Date Approved By Joseph 8. Cheatham Public Utilities Wa.stewater Director WasteW,.1er Treatment 918,/200.11 :40 AM O;II.e Approved By Sandra ton Conununìty OtIVt!-lupl't1tont &. Ellvironrnental S(!'''¡¡;C'li Executive SI~G'etntV Commtmity Devt!l()ptnflrlt 8. environment..1 SelVìce~ Admin. 9117120043:51 PM Date Approved By Joseph K. Schmitt Communit)' O.,velopment .\ E.nvironmental Servtccs Conlmunity Development & Environmental Services Adminstrator Community D!tvclopmcnt & Environmental Ser...k.e¡;. Admin. 9/22:2004 &~"6 PM Date Approved By Pat lehnhard COlInty Manager's OffIce Administrative Astiistant Office of Management & BudgÐt 9/23/2004 2:28 PM D._te Approved By Mar~ Isackson County Manager's Offic.e B¡¡dQ\~I: Anì.lyst Oflice ot Managcmant & Budget 912312004 :!:44 PM Dn1e- Approved By Mir.;haf!1 Smykowski CDunty Manager'!< OftÎce M;Iha.~I~tlnl!!nt &. BudÇ/t!t Oirector Office of Management & Budget 9/30;2004 B:2& AM DatE' Approved By James V. Mudd B()<ud I)t Cf)lJnty C()tnrni$!¡ionm$ County M¡¡nilger County Manager's Office 9t30J2DD4 11 :20 AM <.o'<:tC'? «0_ <.000 .....NC'? c:iÑW Z..... 0') ....t'C EWo.. w..o .....0 -;;ü ,,0 c: ( ) 0) « I ~ ¡¡ ; a.. « ~ LLJ ~ - en It) CII w " " ~ ¡;; i õ z o u¡- t-!;( 000 o J . < I !S tn ~ < 3~S0110N I Z- if - ~ ;l ~ ! ~ i ~ . . j ~ ã ¡ !!2 i ~ ¡ I ! aw 'tGIf'rOO ~.y:) ~ ~ 5. o. n~~ - ~" u. ~; ~ ' ~ a.. « ~ ~~1;! ~~~ . ~§~ ~ ~5i i Z ow ~ 0 IMJO'1 - ~ ~ ~ L ~- § t1~ U ÖZ i~ ~ i~~ ~ :::~i 0 u¡Q r -!;( -I 00 g:g tL-iJ.V.&JiA!QJ.HI ~ 1:1::; i m ~ - ~~ ~ ~ ~ . .~ ~ as - ~ ~ i r ã" Br1~ ,l.t:!lNrlO::J .. J1O~ ~ SS~ g ·~VJ,BHa1.Nl Š 1'< ~2 ;~ ~! ~ 11- ~ . ~ ß~ r«a-..n .~~ '~i\ Agenda Item No. 16A 7 October 12, 2004 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve final acceptance of water and sewer utility facilities for Island Walk, Phase 6B 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 Island Walk, Phase 6B 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 April 16, 2002. Final Acceptance is in accordance with Ordinance 2004-31 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), submitted with the Subdivision bond may be reduced by 10% for the utility related items that have been satisfactorily completed. 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 Island Walk, Phase 6B, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Tonia Leavitt, EnQineerinQ Technician Item Number Item Summuy Meeting C.te Approved By ThOlfl~$ E. Kuck, P,E. Communíty Development & Environmental S~rvkes Agenda Item No. 16A7 October 12. 2004 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16.':"7 Recommendation 10 approve filla! acceptance of water and sewer utility facilities for Island Walk, Phase 68 10/12/2004900:00 AM CDES Engineering Services Directvr Dat~ CDES Engineering Services 9l7!ZOD4 8:07 AM 03.f~ Approved By Þ¡¡nlelu Libhy Public Utilities. W:!Ihtr Opur.lt¡onJI M¡¡n¡¡ger Water 9m2004 9:42. AM Dute Approved By Paul Mêllt;UI!u:h Public Utilities Wat.~r Director Water 9,712004 10:08 AM Date Approved By Stf!phen L. Nagy Public Utili1íe!i Wastewater CDliec.tion~ ManagC1" Wa.iõtnWuter 917!2004 1 :57 PM Date Approved By Roy B. Anderson, P.E. Public lHilitïm¡ Public Utilitie!i Engin~erìn9 Direc.tor Publh:: Utilities Engìnecriug 917/2004 2:01 PM Date Approved By Jo ¡t!ph B. Cht!iltham Public Utilities; Wastewater Direc.tor WasteWater Treatment 9/81200'" 11 :40 AM Oale Approved By Sandra lea CDmmunity DE!vt!l( pm~nt & Envi,Qnmentnl Sf!tvíces E)(('!cut¡v~ Se(;retary Coml'OUtlity Of!',.elop~mt & Environtnet1(ol1 .s..rviCW5 Adtnín. 9117120042:30 PM o..te Approved By J(Hwph K. Schmitt Community DeveJoþment & En...ironmental Sm'V)CE!$ Community Development & Environmental ServicBS AdmJn£tr.ator Community Dttvelopn1cm & Enviwomento115ervices A.dmin. 912212004 6:"'1 PM Date Approved By Pat lehnhard County Manager's Office Adl\"'linistriltive AtI:fIistant OffiC'e of Management & Budget 9(2312004 2;29 PM Date Approved By Man. I<¡;t\ckson County Manager's Office BudQII11 An..ly.').t Office of MI!I""gement & Budget 9124/200<1 4:45 PM Dab!' Approved By Michaf!1 StJlykow.$ki COUI1W Manager'!; Office Manil¡ !ætrfent & Budgt!t Oiuldl)r Office of Manpge-Inent & Budget !H30t2004 8:27 AM Dat~ Approved By James V. Mudd BO<lrd Df C,wnty COlnrni.ssÎcmets. County Môllmger County Manager's Offíce 9/30f2004 11:23 AM I'-..q-('f) «0_ (DOO ~N('f) ÓÑa> Z"- 0) ,-ctJ Ea>CL a>..Q _0 ~ü -00 c: a> 0) « I ~ - ¡ _ i ... t,;' ,~{~= c . ¡ ~~~\ ~- u ,i------' ¡.p ¡' ßJI~ I , ~I- , "'~ i "'~\i ¡,ij ~:II~ .-n- 8r11J ~~N(I( J "i' ~ ,09 SQOQ.\\, SS3&iA:) i! 3 -= - __f~Vl.",!",-'--~ ~. 1 ~~¡ ~ L''-~; ...... ~K , . : h ~§, ~~ <. - . <~ I ;t ~ a.. Ii « * I ~ ~ ~ ~, ~ ~ I/) > tJ.J <II . J- :) õ - w en CJ CJ /'1/ / 'C / / ',/( "', '" 1 \ , ~ ~~ ]'1'r.IS 01 J.ON / -.- ! ~ ~ ~ - . N ! ~ ~ ~ ::1~ i i ¡ ~!:::! I .~ ~ .'" ~~ ~~ OW ~~ ØT1O:) IIIIYO ª~ ~ I ~ ~ . ~ i ::; ~~ ~ ~ ~. o ~ ~~ ~. i! - ~ i ~ ~.. ði~ r o. r ~~ ~ ~ ~ U ~ ::: If ~~;: il ~ :~ ~ z !E ~ ~~~ ~ ~~~ < ~5! Ø> ¡:!¡ - iB~ ~ g~ ~I - .. ~ """'" I/. 3 ð ~ '0 . S ! ; ß~ r ~t ê ~ t:J:;; i- i!~ f::;:: ~~.... ~! S f- Z 00 w- .!;( 00 ~g IL - 3J,v.La13JH ~i If) ¡- .. Nq ~ ~ i- ~! . ~§: ~ ~n¿ ~ ~ § ~§ d ~~~ï ~ ~ I~: ~~ ~~ fOCI1-.v1 .~~ ~~~ i~ (IWQ) HS~ I\ ~~lJd m I X (1) I&J o ~ a... ..: ;i ~ ~ 004: ...J !!2 a.. « ~ z o - ~ U o -1 ,*",·e,.,.;~, . Agenda Item No. 16A8 October 12, 2004 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve final acceptance of water and sewer utility facilities for Vista Pointe at the Vineyards 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 Vista Pointe at the Vineyards 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 April 4, 2000. Final Acceptance is in accordance with Ordinance 2004-31 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 Irrevocable Standby Letter of Credit No. SM411552C in the amount of $12,175.00, will be released to the Project Engineer or the Developer's designated agent upon the Board's approval. FISCAL IMPACT: The water facilities were constructed without cost to the Collier County Water-Sewer District. The cost of operating and maintaining the water and sewer facilities will be paid by monthly user revenues. GROWTH MANAGEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant and North/South Regional Wastewater Treatment Plant. Capacity presently exists to serve this project. RECOMMENDATION: The Community Development and Environmental Services Division Administrator recommends that the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water and sewer facilities for Vista Pointe at the Vineyards, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Tonia Leavitt, Enç¡ineerinç¡ Technician ._;~>V_~........_, Item Number Item Summary Meeting Date Approved By Thomas. E. Kuck, P.E. Community OeV'elopme-nt & En'ljton"l~n1;¡1 Sl!!rvices Agenda Item No 16AB October 12 2004 Page L of :3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16M Recommendation to approve final acceptance of water and sewer utility facilities for Vista Poinie at the Vineyards 10/12.12004900:00 AM COES Engin«riog Services Director Date CDES E.nyineerìng Services 911/2004 8 :01 AM O..t~ Approved By P.amelél Libby Publjc. Utilities. W..h!t Opfll':ttit>t)ß Manôlger WatÐr 9mZCJ04 9:.f./ij AM Date Approved By Paul Ma1tausdl Public Utili1ies Water Ditector Water 9m200~ 10:09 AM Dat¡¡, Approved By Stephen L Nag)' Public Utiliti!~~¡ Wa$t ~w'11t\r COlIl!lc(jDn.s Mflnil9C'r W.tt$tI!W.It~r '3f1!2004 1 :57 PM Date Approved By Roy B. Ånderson, P.E. Public Utïlitimõ Public Utilities Engineering Director Publ!ç UtilitiM Engineering 91712004 1.:01 PM Date Approved 8y JoseJlh 8. CheotthalTl Pubfic Utílitie!õ Wastewater Director WasteWater Treatment 9{O.l2004 ., 1 :41 AM I),de Approved By Sandra lea Coltunutljty Oev-t-h'f)ln-f1-nt & Envirotlrl1lmtnI5ctJ\I'Clr$ Ex(',cutive. Sncr(!tary Community DI~v~!h)pment &. EI'lIinUIIYIMt ¡ SeNÌI:e:> Adlnil), 9{17/2004 2:31 PM Oi1lf~! Approved By J05t!ph K. Schmit1 Communily l1cvelnrltnent &. Environmental Services Community Development & Environmental Services Adminstrðtor Camm\ltllty Development & Environment.,! Se,....ice!> Admin. 912212004 6;47 PM Date Approved By Pat Leh,Ülard County Manager's Office A.drnitli'Strative Assi!l.t<m1 Office of Mðnagement & Budget 9123/2004 2:30 PM Oate Approved By M.uk hôtlcksOl1 County Manager's Office BOd!Jf't An.tlyst Office Df Management & Budge:t 9/27/20048;.1 AM Dftt/! Approved By Mich.wl Srnykow$ki County Mart"94Jr's Office M¡UHI!lI~frtent & Budget Director Office of Management & Budget 913012004, B:28 AM Dmit Approved By J~mes V. Mudd Elcl;¡rd or C!)lJnty CUlnrnis5ioner$. Coun1y Managp.f" County Manager's Office 9/301100411 :34 AM -"~~.",.,~-,-- " co"<t(") «0_ t,poo ...-N(") 6ÑG> Z"'- 0> ....cu EG>o.. (l)..Q ~o -;;;ü -00 c: (l) 0> « m¡'i'^31n09 smrO.3NI/\ ,.........:) lOt - 3J....1S~l1NI u. r ~ ~ ;... o. r ~ !~ ~ ·h~ L· a.~ g ~ ~g~ ow """", ~ . h Ii. ~ ~ ~ ~ I ~;; ~. N~i ~- r ¡; to«:Il:)N lNf\H ~ ~~ ~ ¡~ ~- .~ ~ f~ ~ -. ~- ~~ i£ !~ ~~~ 5 "M ~ u g 2i ~ "' o Œ Ë z 5 t 1:0 J.:)'f'1IIJ. iz C Œ "' i :J'1V: S 01 iON / Z- - ~ ~ ." ï~ ~ E~ t ~.~ ~ ~ ~ ë3 w" 9 ~ ~ ~~ " I ~ z ~ 0: ~ <J ~ ~ ~ tØ ~~~ O. ~ ~ Z ~ª W " ~g~ 9 t I ~ " 0 i C> ~ E~ ~. ~~i ~- ~~ ~ ~ I ~ L ~ o~ i- a.. « ~ , ~ 1JJ ~ en CI) ~ >- ~ I- 0{ ~ 0.. 0{ I- (1) :> a.. « ~ z o - ~ U o ...J ! .~ ¡h Agenda Item No. 16A9 October 12. 2004 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve final acceptance of water and sewer utility facilities for The Dunes Phase 28 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 The Dunes Phase 2B 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 June 5, 2003. Final Acceptance is in accordance with Ordinance 2004-31 as amended. 3) .......-.', 4) 5) Staff has recorded all appropriate legal documentation which has been reviewed by the County Attorney's office for legal sufficiency. The water and sewer facilities have been operated and maintained by the Collier County Water-Sewer District during the one (1) year warranty period. 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 $~2,007.03, 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 The Dunes Phase 2B, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Tonia Leavitt. EnQineerinQ Technician Item Number Item Summary COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A9 Agenda Item No 16A9 October 12, 2004 Page 2 of 3 Meeting Date Recommendation 10 approve finaí acceptance Df water and sewer utility facilities for The Dunes Phase 28 Approved By Thomas E. Kuck, P.E. Community Development & Env¡mlll1l"ntal Setvìces 10/12/2004900:00 AM COES EngineEring Services Director CDES Engineering Services Date 9,7120048:06 AM D..h~ Approved By Pamel¡¡ Lihby Public. Utilities. Wi.let 0rmwtif)f)!> M.al'tðgnt Wilier 9f112004 9:-42 AM Dnt~ Approved By P.aul Mat1a\J51~h Public Utilities Wat ~r Dìr~cb)r W;j ter 9,7/200410:03 AM Dote Approved By Stephlftn L Nagy Publk Utilítj ~!¡ Wastl?w¡tt~r Colleclion.s Munager Wa5tl~W t~r 9f7/2004 1;58 PM Date Approved By Roy B. Anderson, P.E. Public tJtÏlitlt~s Publíc Utilities Engineering Direc.tor Punlic Uti¡¡dp.:.~ EngiMÐrino 91112004 2:04 PM DOIte Approved By Joseph B. Cheatham Public Utili1íes Wastewater Oìrer:tor Was.teWater Treatment 9/8.1200"11:41 AN O..tc Approved By S.¡¡mdri1 Lea Cpn1lnunity Dtlvelof)fJUlnt & Envirl)nrn~lIt.ul S ~.ví!:(!SI Ext!cutivê Secretuy C<lrntnUl1tty Duvt!h)prmmt.& Etwilul\m~nt¡~1 S~rvice!i Admin. 9111120G4 2:31 PM Oa,h! Approved By (.-. JO!H!f)h K. $c"n)itt Comfnunil)' Df!velopTnønt & En...ironmentol Services Community Development & Environmental Services AdminstratQr Comm(wity D{lvf!lopmf!nt -& Enviromnental Ser...ices Admin. 9122/2004 6;50 PM Date Approved By Pat lehnhard Coun1y Managor's Office Administrative Assis.1.;mt Office of M.anagement & Budget 9123.;z004 2:31 PM Dalf! Approved By Mark lu.r;:k~on County Manager's Office Budget AIMIY!S1 Office of Management & Budget 9/27120D4 8:47 AM Datl~ Approved By M¡r.hmd Smykøw$ki County Managers Office M¡JtHI~ltHnt!!nt &. Budgf!t OifectDr Office of Managemen1 & SlIdget g/3Ql2004 8;29 AM DatI!' Approved By J.ames V. Mudd Bu.¡ rd of CDunty C()fnn)Í.'.sianr.f$ County Manager County Manager's Office 9/3012004 11 :37 AM mvC'") ~O__ COOO ...-NC'") ON /l) Z"- OJ .....ro E/l)Q.. ( ).D .....0 ~t5 -00 I:: ( ) OJ ~ Z ~~:::t ~wg6~ ,Fzj;:J Vi ~ði5 i~~~ . ~ ]-rY:)S 01 ¡ON / - -.:- i ~ ~~ ~ .. D- « ~ TNoIIANI TfWl ~.- W Z w é~~ -' ~.. 0 §d ~~ - I ~ U ¡ S~ U 0 ...J OF MEXICO GULF D- « ~ L&J t- CJ) In ~ ~ < :J: II.. I '" w ~ o ~ I- Agenda Item No. 16A10 October 12, 2004 Page 1 of 4 ,~- EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Naples Walk Unit Two" OBJECTIVE: To approve for recording the final plat of Naples Walk Unit Two, a subdivision of lands located in Section 1, Township 49 South, Range 25 East, Collier County, Florida, CONSIDERATIONS: Engineering Services Department has completed the review of the final plat of "Naples Walk Unit Two". This document is in compliance with the County Land Development Code and Florida State Statute No, 177. All fees have been paid. There are no subdivision related improvements associated with this plat. ,- Engineering Services Department recommends that the final plat of "Naples Walk Unit Two" be approved for recording. FISCAL IMPACT: The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $1020.00 Plat Review Fees GROWTH MANAGEMENT IMPACT: A Certificate of Adequate Public Facilities will be issued prior to recording of the plat. ENVIRONMENTAL ISSUES: There are no environmental issues. ",- Executive Summary Naples Walk Unit Two Page 2 Agenda Item No. 16A 10 October 12, 2004 Page 2 of 4 HISTORICAL I ARCHAEOLOGICAL ISSUES: There are no historical or archaeological impacts. If during the course of site clearing, excavation or other construction activity, a historic or archeological 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. STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Naples Walk Unit Two" with the following stipulations: 1. Authorize the recording of the Final Plat of "Naples Walk Unit Two." PREPARED BY: John R. Houldsworth, Sr. Engineer, Engineering Services Department "- -'...--.--..--<- Agenda item No. 16A·IO Odober 12. 2004 Page3 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16A1Q Meeting Date Recommendation to approve for reçording the fina.l plat of HNaples Walk Unll Two" 1011;,"/20049:00:00 AM Prepared By D.;ato John Houltl.s.worth SC¥lil)r Engineer 9Jí:!1/2004 7:05:00 AM Community Development & Environmental Services EngineE!rin«;l SttrlÌc",~ Approved By Thomas E. KLiCk, P .E. coes Engineering ServÎccs Direc10r DatI? Cmnnuu\ity Devl!1optmmt & EnvÎronmental SltIrvÏ<:es CDES EngÎn~Ðrìng Services 9!27!2004 8:19 AM Approved By Sandra Lea E)(ec.utive Secretary Date Community Developtnent & Environmetl -al Services. ComnlUnity Dp.'Ielopmcnt & Environmental Sf!'rvic.es Adm~n. 9:/27/2004 6:33 AM Approved By Joseph K. SchmItt C<lmmunlty Dev(!lopl'Oent &. Envlrunmental SeNÎl:I~s AdmiflfltJtltQr Oate Community Development" Environmll!f1tlll SelVÎces. CDmmunity Development & Environmental Services; Admin. 9127120049:58 AM Appl'Oved By p¡¡t Lehnhard Admini1;trath/e Assistant Dale Cuuntv Man"!JI!;I"'~ Office. Offic,~ of M.tInft~wnu~nt " Budget 9/2'7/2004 3:49 PM Approved By Mario Isac.kson Budget Analyst Dat. County Mana!Jer's OfficI!' OHic.e 0' Management & Budget 91:Z!f2004 11 :20 AM Approved By M¡Ç uu~ Smyk(lw$ki Mí~n¡tgement &: Budg'ltt Directl)r Dute .- County Managor',$ Olfk:e DUi(;.., ot M'ln;~gement 8. Budgflt 9/30/2;0048:11 AM Approved By James V. Mudd County Man;¡ger Date B(mrd Qf Cmmty Commissioners CmU1ty Ma¡n.gClJ's Office 9130/2004- 2:04 PM o'¢'¢ .......0_ <{OO (()N'¢ .......Ñ( ) cí..- OJ Za;&: E-g 213 ~O "0 c: <D OJ <{ ~ < ~ z < u ~ UJ ~ en or '" !:i ~ a ;;! ~ JlV:J5OlJ.ON / ~ - <1.1 ::! « z ~ ~ hL t I;,,; ~I' Agenda Item No. 16A11 October 12, 2004 Page 1 of 15 EXECUTIVE SUMMARY Recommendation to approve an Agreement for Sale and Purchase with James A. Price for 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $12,900. OBJECTIVE: Request approval and execution of the attached Agreement for Sale and Purchase (Agreement) between the Board of County Commissioners (Board) and James A. Price (Price). CONSIDERATIONS: On January 27, 2004, Agenda Item lOA, the Board approved a Collier Conservation Land Acquisition Advisory Committee (CCLAAC) recommended Active Acquisition List, with changes, and directed staff to actively pursue acquisition of the properties under the Conservation Collier Program. On June 22, 2004, Agenda Item 16A2, the Board confinned their direction to staff authorizing staff to proceed with purchase contracts for Golden Gates Estates, Unit 53, properties as they become available and to bring these contracts back to the Board for final approval. The Price parcel contains 1.14 acres and is located within Golden Gate Estates, Unit 53. In accordance with the approved Conservation Collier Purchasing Policy, the purchase price of $12,000 was based upon one independent, state-certified, general real estate appraiser. - The attached Agreement for Sale and Purchase provides that should the County elect not to close this transaction for any reason, except for default by Price, the County will pay Price $120 in liquidated damages. The CCLAAC approved this transaction on October 11, 2004, and voted to recommend Board approval and execution of the attached Agreement. Pursuant to Ordinance 2003-63, Section 13(8), a Project Design Report for the property is provided herewith. The Agreement has been reviewed and approved by the County Attorney's Office and Environmental Services Department. FISCAL IMPACT: The total cost of acquisition will not exceed $12,900 ($12,000 for the property, $250 for the appraisal, $250 for the Environmental Task Audit I, and approximately $400 for the title commitment, title policy, and recording of documents). The funds will be withdrawn ITom the Conservation Collier Trust Fund (172). As of October 11, 2004 property costs for Conservation Collier properties under contract, including this property, total $23,980,950. GROWTH MANAGEMENT IMPACT: Fee simple acquisition of conservation lands is consistent with and supports Policy 1.3.1(e) in the Conservation and Coastal Management Element ofthe Collier County Growth Management Plan. .'...'."'-"'" ">.",,...~.~<,-.~ Agenda Item No. 16A 11 October 12, 2004 Page 2 of 15 ,- EXECUTIVE SUMMARY Conservation Collier - Agreement for Sale and Purchase - Price Page 2 RECOMMENDA TION: Staff is recommending the Board of County Commissioners: 1. Approve the attached Agreement and accept the Warranty Deed once it has been received and approved by the County Attorney's Office; and 2. Authorize the Chairman to execute the Agreement and any and all other County Attorney's Office approved documents related to this purchase; and 3. Authorize staff to prepare related vouchers and Warrants for payment; and 4. Direct staff to proceed to acquire the property, to follow all appropriate closing procedures, to record the deed and any and all necessary documents to obtain clear title to the property, and to take all reasonable steps necessary to ensure performance under the Agreement; and 5. Approve any necessary budget amendments. ._-, PREPARED BY: Cindy Erb, Senior Property Acquisition Specialist Real Estate Services / Facilities Management Department ----_. Agenda Item No. 16A 11 October 12, 2004 Page 3 of 15 Conservation Collier Land Acquisition Program Project Design Report Date: October] 2, 2004 Conservation Collier North Golden Gate Estates Unit 53 Location Map CREW Trust lands 45TH AVE NE SHADY HOllOW Bl VO E AVE NW 41ST AVE NE 39TH AVE NW 39TH AVE NE Price Property - 1.14 acres 37TH AVE NW :z 35TH AVE NW :;¡ VJ o z CD 33RD AVE NW r ... N '" '" ~ .... .... :z :I: :I: a VJ ~ CJ) VJ .... .... .... z :z z ~ m :¡; :¡; 25TH AV NW 25TH AV NE LEE RD 24TH AVE NW 24TH AVE NE 24TH AVE NE ·········__._.__.__..~_........._._..~m_.._.___.....______ Property Owner: James A. Price Folio(s): 39493400000 Location: North Golden Gate Estates Unit 53, W 75FT of E 150FT of Tract 39 Size: 1.14 acres Appraisal/Offer Amount: $12,000 History of Project: Received Selected for the Approved for Purchase offer BCC affirms Offer Accepted application "A" category, #1 purchase by made to owners NGGE Unit 53 priority , on the BCC project status Active Acquisition List by CCLAAC -""-~~" Agenda Item No. 16A 11 October 12, 2004 Page 4 of 15 8/6/03 I 12/15/03 I 1/27/04 I 4/19/04 I 6/22/04 8/17/04 Purpose of Proiect: Conservation Collier Pro2ram Qualifications: This is one of a number of parcels approved for acquisition that are part of a larger, multi-parcel, multi- owner project known as the North Golden Gate Estates (NGGE) Unit 53 Project. These parcels were considered in context of the whole project. The following identifies the ecological value, significance for water resources, human values and aesthetics, vulnerability to development and management potential for this project. Native habitat present over the whole unit is wetland hardwood forest, with a substantial portion of that being dominated by cypress and red maple swamp and the remainder by native and exotic re-growth over an historic farm field. Although the unit has been platted for development, at present there are no homes, streets are unpaved and there is no electric service. A search of county records, updated at the time of this writing, shows no construction permits other than one for a fence have been issued or under review. Soils, hydrology and extant plant species indicate that the entire unit is a seasonal wetland, with surface water present during rainy season and moist conditions existing during dry season (excepting drought conditions when water tables may receded lower), The area contributes moderately to Lower Tamiami aquifer recharge (7-14 inches per year) and wetland dependant bird species were observed on site. A native terrestrial orchid species state listed as Threatened, Wild Coco (Eulophia alta) and a fern species, Royal fern (Osmunda regalis) listed by the state as Commercially exploited were observed in abundance. No listed wildlife species were observed, however, the entire unit is considered part of Primary Zone panther habitat by the U.S. fish and Wildlife Conservation Commission and Black bear are known to inhabit adjoining public lands. This entire area is connected with South Florida Water Management District (SFWMD) lands which are known as the Corkscrew Regional Ecosystem Watershed, separated into CREW Trust conservation lands and the Audubon Corkscrew Sanctuary. Acquisition of NGGE Unit 53 would enhance, protect, buffer both areas and provide additional access to CREW Trust lands. In regards to human values and aesthetics, conservation of this area would offer multiple opportunities for land-based natural resource recreation including potential for hunting if enough parcels can be acquired. As to vulnerability, this area is zoned for single-family residences and although none have been built to date, permits could be applied for at any time. In regards to management, once a group of contiguous parcels can be acquired, there is potential for a management partnership with the neighboring CREW Trust. Management would primarily consist of exotic removal and maintenance of existing unpaved roads to provide access to CREW trails. Expansion of trails into these lands is contemplated over time, See the Initial Criteria Screening Report for full criteria evaluation. Proiected Manaszement Activities: Removal of exotic plants, construction of trails, parking and placement of fencing and signage are projected management activities, but these would not be done until more contiguous properties are acquired. __c Item Number Item Summary COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A11 Agenda Item NoI 6A11 October 12c 2004 Page;; Df 15 Recommendation to approve an Agreement for Sale and Purchase with James A, Price for 1,14 acres under the Conservation Collier Land Acquisition Program at a cost not to exceed $12c900 10112i20D4 9:00:00 AM Meeting D.le Prepared By 9f20!2QÐ4 1':.(3:00 AM Cindy M. Erb Administrative Services ,5,?n¡ot Property Acquisilion Specialist Fadlitie1õ M.an.agement Date Date Approved By Charlet: E. Carrington. Jr" SR/VIIA Adminítlhative Sel'\l'i¡:fllO Real Estate Servkes Manager F¡¡cilit¡~s M.m<Jgemtlrlt 9/20/700412:28 PM Approved By Dote Sandra Lea Community Devt~ Qpnumt & Environment.., Services Exeçutive Secretary CDmmunity I)eveloprnent & Environml~111ftl Servi(:es Admin. 9120/20043:47 PM Da1e Approved By Alex.andra J. Sull!'cki Community Development & Environmental Service.s Set}íor E"....ironmental Speciali$'t Envitntltrlr.ntal S ~rYìc.lw. 9/23120044:20 PM Pate Approved By William D. L.orenz. Jr.. P.F.. Community Dev~I(I )tnf!nt &. EnyironmentoI5el'\'ic:t~1I Eflvimnnwrttal Sorvit:91. Ui vctDr fnvjronmeotal Servic:e& 9/23(2004 5:23 PM Dote Approved By Skip Camp, C.F.M. Adrl'ljnis'tratfv1!o S(!rvil:es Facilities M~nage'nent Director Faej ñip.s Management 9127120049:17 AM Dale Approved By Joseph K. Schmitt ,.,.- CommUl,ity Development & Environmental Services O..le Approved By Pat Lehnhard County Manager's. Office Community Development & Environmental SelVicea. Admìnstutor Community Developmønt & EnvironmÐflt.a1 Services Admin. AdlTlfnÎ1õtrativp. As»Ì!.taJrt onice of Management & Budget 9/2712004 5:01 PM 9/2812.00410:22 AM Dat@ Approved By Mark iO¡¡;élckson County M ma!J~~r'$ Office Budget Analyst oruCt' I)t MIUlø.gume-ul,\ Bud9~t 9130J2004 1:0S PM Date Approved By Michae! Smykows"¡ County Manager's OffÎt:e Managem@nt& Budgp.t Djrector Office 01 Management &. Budget 9'30120043:5& PM Dnte Approved By Deuton Baku' Community Development & Environmental Se-rvìce-s Financial Admin'" HOU!iing Dim(;tor Financial Admin. & Housing 91::l0t20fM 4:31 PM Q,¡¡le Approved By .Jamu V. Mudd Board 01 C<lUnty C )mmíssï()rl(~rs County Managar Comity Managur's Othcr. 10/1120D.( 6:16 PM CONSERVATION COLLIER Tax Identification Number: 39493400000 Agenda Item No. 16A 11 October 12, 2004 Page 6 of 15 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between JAMES A. PRICE, whose address is 7675 N. Becky Jo Lane, Tucson, AZ 85741-5014, (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3301 Tamiami Trail East, Naples, FL 34112, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of 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, and 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 sufficiency of which is hereby acknowledged, it is agreed 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". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be Twelve Thousand Dollars ($12,000.00), (U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before ninety (90) days following execution of this Agreement by the Purchaser but not later than December 31, 2004, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney'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 shall cause to be delivered to the Purchaser the items specified herein and the following 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. 1 ,- CONSERVATION COLLIER Tax Identification Number: 39493400000 Agenda Item No. 16A 11 October 12, 2004 Page 7 of 15 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 by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall 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 pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article 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 fees. Seller, at its sole cost and expense, shall pay 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 8 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 Wìthin fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an AL TA 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 written 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 2 CONSERVATION COLLIER Tax Identification Number: 39493400000 Agenda Item No. 16A11 October 12, 2004 Page 8 of 15 make such title good and marketable. In the event Seller is unable to cure 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 shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. 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 furnish any existing surveys of the Property, if any, to Purchaser within thirty (30) days of execution of this Agreement. V. INSPECTION PERIOD 5.01 Purchaser shall have ninety (90) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended purpose. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall be responsible for any loss or damages occasioned thereby and against. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property . VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS 3 CONSERVATION COLLIER Tax Identification Number: 39493400000 Agenda Item No. 16A 11 October 12, 2004 Page 9 of 15 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2004 taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 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. 9.02 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 Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon one percent (1 %) of the purchase price shall 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 12.01, (Real Estate Brokers), hereof. The parties acknowledge and agree that Seller'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. 9.03 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 of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, 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 and/or Seller, if necessary. 10.013 The warranties set forth in this Article shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to 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. 10.014 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 governmental instrumentality that relate to this agreement or any other CONSERVATION COLLIER Tax Identification Number: 39493400000 Agenda Item No. 16A 11 October 12, 2004 Page 10 of 15 property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 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 tights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all 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 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 contamination 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 Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 10.018 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 installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 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. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals 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. 10.021 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 5 .-----..- CONSERVATION COLLIER Tax Identification Number: 39493400000 Agenda Item No. 16A 11 October 12, 2004 Page 11 of 15 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. 10.022 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. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney'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, local 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 "Superfund"), which was amended and upgraded by the Superfund 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. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XI. NOTICES 11.01 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 receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Alexandra Sulecki, Coordinator Conservation Collier Land Acquisition Program Collier County Environmental Services Department 2800 North Horseshoe Dr. Naples, Florida 34104 Telephone number: 239-732-2505 Fax number: 239-213-2960 With a copy to: Ellen T. Chadwell Assistant County Attorney Office of the County Attorney Administration Building 3301 Tamiami Trail East Naples, Florida 34112 Telephone number: 239-774-8400 Fax number: 239-774-0225 If to Seller: James A. Price 7675 N. Becky Jo Lane Tucson, AZ 85741-5014 Telephone number: 520-744-9458 Fax number: 11.02 The addressees and numbers for the purpose of this 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 of changing such addresses or addressees only, unless and until such written notice is received, the last 6 CONSERVATION COLLIER Tax Identification Number: 39493400000 Agenda Item No. 16A 11 October 12, 2004 Page 12 of 15 addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify 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 pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 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, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 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 shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 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 intent of this Agreement or any provisions hereof. 13.05 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. 13.06 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. 13.07 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. 13.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to review and recommendation for approval by the Conservation Collier Land Acquisition Advisory Committee, and acceptance and approval by the Board of County Commissioners of Collier County, Florida. 13.09 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, Florida 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 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.) 7 CONSERVATION COLLIER Tax Identification Number: 39493400000 Agenda Item No. 16A11 October 12, 2004 Page 13 of 15 ,- 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. -, -_.._~_.._--_._-_.- ,..., Agenda Item No. 16A11 October 12,2004 Page 14 of 15 CONSERVATION COLLIER Tax Identification Number. 39493400000 XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included 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 of the essence of 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: . Deputy Clerk DONNA FIALA, CHAIRMAN AS TO SELLER: DATED;:(i°'i WITNE SE : '~}ui \\ ~M..~ (Signa ure) ~ 1'J\a..'V'\.À j, ~ OOr-.º- (Printed Nàme) (}, I '7.0 .- ;<[{,Z??V.$.J Ú r~ . .' JAMES A. PRICE í v ,.-c:x /' ~L-~__ (Signature) ,.- /'" £/ -é:i/4"L..__- OIJUí ~ (Printed Name) ¿Jeaue,V_ Approved as to form and legal sufficiency: .it:¿\. 'y/ {~.Û"C£¿ " Ellen T. Chadwell Assistant County Attorney 8 CONSERVATION COLLIER Tax Identification Number: 39493400000 Agenda Item No. 16A 11 October 12, 2004 Page 15 of 15 EXHIBIT "A" TAX IDENTIFICATION NUMBER: 39493400000 LEGAL DESCRIPTION: THE WEST SEVENTY FIVE (75') FEET OF THE EAST ONE HUNDRED FIFTY (150') FEET OF TRACT 39, UNIT 53 GOLDEN GATE ESTATES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE 93 IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 10 Agenda Item No. 16A 12 October 12, 2004 Page 1 of 14 EXECUTIVE SUMMARY Recommendation to approve an Agreement for Sale and Purchase with Joe S. and Polly Cannon for 1.59 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $17,600. OBJECTIVE: Request approval and execution of the attached Agreement for Sale and Purchase (Agreement) between the Board of County Commissioners (Board) and Joe S. and Polly Cannon (Cannon's). CONSIDERATIONS: On January 27, 2004, Agenda Item lOA, the Board approved a Collier Conservation Land Acquisition Advisory Committee (CCLAAC) recommended Active Acquisition List, with changes, and directed staff to actively pursue acquisition of the properties under the Conservation Collier Program. On June 22, 2004, Agenda Item 16A2, the Board confirmed their direction to staff authorizing staff to proceed with purchase contracts for Golden Gates Estates, Unit 53, properties as they become available and to bring these contracts back to the Board for final approval. The Cannon's parcel contains 1.59 acres and is located within Golden Gate Estates, Unit 53. In accordance with the approved Conservation Collier Purchasing Policy, the purchase price of $16,700 was based upon one independent, state-certified, general real estate appraiser. A"'-' The attached Agreement for Sale and Purchase provides that should the County elect not to close this transaction for any reason, except for default by the Cannon's, the County will pay the Cannon's $167 in liquidated damages. The CCLAAC approved this transaction on October 11, 2004, and voted to recommend Board approval and execution of the attached Agreement. Pursuant to Ordinance 2003-63, Section 13(8), a Project Design Report for the property is provided herewith. The Agreement has been reviewed and approved by the County Attorney's Office and Environmental Services Department. FISCAL IMPACT: The total cost of acquisition will not exceed $17,600 ($16,700 for the property, $250 for the appraisal, $250 for the Environmental Task Audit I, and approximately $400 for the title commitment, title policy, and recording of documents). The funds will be withdrawn from the Conservation Collier Trust Fund (172). As of October 11, 2004, property costs for Conservation Collier properties under contract, including this property, total $23,980,950. GROWTH MANAGEMENT IMPACT: Fee simple acquisition of conservation lands is consistent with and supports Policy 1.3.1 (e) in the Conservation and Coastal Management Element of the Collier County Growth Management Plan. ~_..,.....,..~ Agenda Item No. 16A12 October 12, 2004 Page 2 of 14 ..-- EXECUTIVE SUMMARY Conservation Collier - Agreement for Sale and Purchase - Cannon's Page 2 RECOMMENDATION: Staff is recommending the Board of County Commissioners: 1. Approve the attached Agreement and accept the Warranty Deed once it has been received and approved by the County Attorney's Office; and 2. Authorize the Chairman to execute the Agreement and any and all other County Attorney's Òffice approved documents related to this purchase; and 3. Authorize staff to prepare related vouchers and Warrants for payment; and 4. Direct staff to proceed to acquire the property, to follow all appropriate closing procedures, to record the deed and any and all necessary documents to obtain clear title to the property, and to take all reasonable steps necessary to ensure perfonnance under the Agreement; and 5. Approve any necessary budget amendments. ,_. PREPARED BY: Cindy Erb, Senior Property Acquisition Specialist Real Estate Services / Facilities Management Department Agenda Item No. 16A12 October 12, 2004 Page 3 of 14 Conservation Collier Land Acquisition Program Project Design Report Date: October 12, 2004 Conservation Collier North Golden Gate Estates Unit 53 Location Map CREW Trust lands 45TH AVE "IE SHADY HOLLOW BL VO W SHADY HOLLOW BLVD E 41ST AVE "IE 39TH AVE NW 39TH AVE NE 35TH AVE NW ;¡ '" o z OJ .... '" z c '" .... z m 37TH AVE NW "-"-' 33RD AVE NW z ~ :J: '" .... z ~ 1 ~ z ~ '" z c '" .... z ~ 25TH AV NW 25TH AV NE LEE RD 24TH AVE NW 24TH AVE "IE 24TH AVE "IE Property Owner: Joseph and Pauline Cannon Folio(s): 39491120007 Location: North Golden Gate Estates Unit 53, W 105FT of Tract 14 Size: ¡ .59 acres Appraisal/Offer Amount: $16,700 History of Proiect: Received Selected for the Approved for Purchase offer BCC affirms Offer Accepted application "A" category, #1 purchase by made to owners NGGE Unit 53 priority , on the BCC project status Active Acquisition List by CCLAAC 8/6/03 12/15/03 1/27/04 4/19/04 6/22/04 8/17/04 Agenda Item No. 16A 12 October 12, 2004 Page 4 of 14 Purpose ofProiect: Conservation Collier Proe;ram Qualifications: This is one of a number of parcels approved for acquisition that are part of a larger, multi-parcel, multi- owner project known as the North Golden Gate Estates (NGGE) Unit 53 Project. These parcels were considered in context of the whole project. The following identifies the ecological value, significance for water resources, human values and aesthetics, vulnerability to development and management potential for this project. Native habitat present over the whole unit is wetland hardwood forest, with a substantial portion of that being dominated by cypress and red maple swamp and the remainder by native and exotic re-growth over an historic farm field. Although the unit has been platted for development, at present there are no homes, streets are unpaved and there is no electric service. A search of county records, updated at the time of this writing, shows no construction permits other than one for a fence have been issued or under review, Soils, hydrology and extant plant species indicate that the entire unit is a seasonal wetland, with surface water present during rainy season and moist conditions existing during dry season (excepting drought conditions when water tables may receded lower). The area contributes moderately to Lower Tamiami aquifer recharge (7-14 inches per year) and wetland dependant bird species were observed on site. A native terrestrial orchid species state listed as Threatened, Wild Coco (Eulophia alta) and a fern species, Royal fern (Osmunda regalis) listed by the state as Commercially exploited were observed in abundance. No listed wildlife species were observed, however, the entire unit is considered part of Primary Zone panther habitat by the U.S. fish and Wildlife Conservation Commission and Black bear are known to inhabit adjoining public lands. This entire area is connected with South Florida Water Management District (SFWMD) lands which are known as the Corkscrew Regional Ecosystem Watershed, separated into CREW Trust conservation lands and the Audubon Corkscrew Sanctuary. Acquisition of NGGE Unit 53 would enhance, protect, buffer both areas and provide additional access to CREW Trust lands, In regards to human values and aesthetics, conservation ofthis area would offer multiple opportunities for land-based natural resource recreation including potential for hunting if enough parcels can be acquired. As to vulnerability, this area is zoned for single-family residences and although none have been built to date, permits could be applied for at any time. In regards to management, once a group of contiguous parcels can be acquired, there is potential for a management partnership with the neighboring CREW Trust. Management would primarily consist of exotic removal and maintenance of existing unpaved roads to provide access to CREW trails. Expansion of trails into these lands is contemplated over time. See the Initial Criteria Screening Report for full criteria evaluation. Proiected Manae;ement Activities: Removal of exotic plants, construction of trails, parking and placement of fencing and signage are projected management activities, but these would not be done until more contiguous properties are acquired. Item Number Item Summary Meeting DatI Agenda Item No. 16A12 Oclober 12. 2004 Page!i of 14 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A12 Recommendation 10 approve an Agreement for Sale and Purchase with 1he Joe S and Polly Cannon for 1_59 acres under the c.onservatiOt1 Collier Ulnd ,Acquisition Program, at a cost no1 to exceed $17.600 10/12i2004 9:0D:00 AM Prepared By 9,'20.12004 12:31 :50 PM Cindy M, Ert¡ Admini'¡trative Services. Date Sf~t1inr Property Ä¡;.quisition Sþ~dajj!>1 Facílitïes Management Date Approved By Charles E. Carrington. Jr,. SRJVlJA AdmÎnistrdtivit Sl!'vj :(!~ Real Estate Serv¡l:~s M.anager F¡u:ilíties ~Jhm.:J,!lelmmt 9/20,'200( 3:01 PM Date Approved By Sandra lea Community Oeve1opmen1 & En'.llrontnen~1 Services Executi'/e Secretary Conlmunity DtI!vC!'.loprne,nf & Environmental ßcrvic(!,$ Admin, 9I20¡'2004 3:48 PM Cute Approved By Alexandra J. SulElcki Community Development & Environmental Services Senior En'lironltlentõll Specialist EnvÍfotltnental StH..iI:!~!; 9/23.'2004 4:26 PM Dale Approved By William D. l.Of1l'tll:, Jr., P,F.. Community Puv. opm~nt 8. Enyirormumull St!rvt(:1!1; Enviro·nmrmtnl S~rvìce.'S f)irnctor EnvironmrmtnJ S",rviccs. 9/23/200<1- 5;23 PM Skip Camp, C.F.M. Date Approved By Admini<.;:trativÐ Service_, Facilities Management Director F'H:llrtiu.Sõ M,milþltlnent 9,'27120049:11 AM Approved By Joseph K. Schmitl ,- Community Development & Environmental Services Dale Approved By Pat Lehnhard County Manager's. Office Community Development & Environmental SelVices Adrnínstr;ator ()ale Community Develoþment & Environmental Servic.e~ Admin. 9¡271~004 5:02 PM Administmth/l!' Assistant OffiCé of Management & Budget 9/28f200" ·10:25 AM Date Approved By Mark Isack"5on County ManOllJer's Office Budget Analyst OHlcl! Df Mønø;<¡I4!nmnt & Budg1!\-t 9!30f2004 1%:69 PM DaI. Approved By Michael Smykowskì County Manager's OfficI? Management & Sudgtil!t Din!c:tor Office pf Management & Budget 9/30/2004 3;63 PM Cute Approved By D mhm Balm' COlnmuníty DevelDpment'\ EnvÍl'Ofllnel'1b.1 Service-s Finandnl AIJmin & Hou!;in!J Oit1!c;t(lr Financial Admin. & Hows.ing 9f30/2004 4:33 PM Oate Approved By James V. Mudd Board of County Conuni'lôSõioners. County Man.agf!!r County Managl!'r'!> Onìc~ 10!1/Z00.4 6:za PM CONSERVATION COLLIER Tax Identification Number: 39491120007 Agenda Item No. 16A12 October 12, 2004 Page 6 of 14 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between JOE S. CANNON AND POLLY CANNON, his wife, As Joint Tenants with Full Rights of Survivorship, whose address is 1412 Highcrest Drive, Hixson, TN 37343-4325, (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3301 Tamiami Trail East, Naples, FL 34112, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of 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, and 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 sufficiency of which is hereby acknowledged, it is agreed 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". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be Sixteen Thousand Seven Hundred Dollars ($16,700.00), (U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before ninety (90) days following execution of this Agreement by the Purchaser but not later than December 31, 2004, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney'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 shall cause to be delivered to the Purchaser the items specified herein and the following 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: CONSERVATION COLLIER Tax Identification Number: 39491120007 Agenda Item No. 16A12 October 12, 2004 Page 7 of 14 (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 by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall 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 pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article 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 fees. Seller. at its sole cost and expense, shall pay 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 AL T A Commitment for an Owner's Title Insurance Policy (ALTA Form B-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 written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 2 CONSERVATION COLLIER Tax Identification Number: 39491120007 Agenda Item No. 16A 12 October 12, 2004 Page 8 of 14 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 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 shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. 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 of this Agreement. V. INSPECTION PERIOD 5.01 Purchaser shall have ninety (90) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended purpose. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests. use due care and shall be responsible for any loss or damages occasioned thereby and against. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property . VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. 3 .".-., CONSERVATION COLLIER Tax Identification Number: 39491120007 Agenda Item No. 16A 12 October 12, 2004 Page 9 of 14 VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2004 taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 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. 9.02 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 Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon one percent (1 %) of the purchase price shall 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 12.01, (Real Estate Brokers), hereof. The parties acknowledge and agree that Seller'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. 9.03 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 of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, 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 and/or Seller, if necessary. 10.013 The warranties set forth in this Article shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of 4 CONSERVATION COLLIER Tax Identification Number: 39491120007 Agenda Item No. 16A 12 October 12, 2004 Page 1 0 of 14 every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 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 governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 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, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all 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 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 contamination 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 Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 10.018 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 installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 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. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals 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 govemmental 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 5 CONSERVATION COLLIER Tax Identification Number: 39491120007 Agenda Item No. 16A 12 October 12, 2004 Page 11 of 14 to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 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. 10.022 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. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney'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, local 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 "Superfund"), which was amended and upgraded by the Superfund 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. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XI. NOTICES 11.01 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 receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Alexandra Sulecki, Coordinator Conservation Collier Land Acquisition Program Collier County Environmental Services Department 2800 North Horseshoe Dr. Naples, Florida 34104 Telephone number: 239-732-2505 Fax number: 239-213-2960 With a copy to: Ellen T. Chadwell Assistant County Attorney Office of the County Attorney Administration Building 3301 Tamiami Trail East Naples, Florida 34112 Telephone number: 239-774-8400 Fax number: 239-774-0225 6 CONSERVATION COLLIER Tax Identification Number: 39491120007 Agenda Item No. 16A 12 October 12, 2004 Page 12 of 14 If to Seller: Joe S. & Polly Cannon 1412 Highcrest Drive Hixson, TN 37343-4325 Telephone number: 423-875-3440 Fax number: 11.02 The addressees and numbers for the purpose of this 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 of 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. XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify 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 pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 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, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 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 shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 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 intent of this Agreement or any provisions hereof. 13.05 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. 13.06 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. 13.07 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. 13.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to review and recommendation for approval by the 7 CONSERVATION COLLIER Tax Identification Number: 39491120007 Agenda Item NO.1 A12 October 12, 004 Page 13 f 14 Conservation Collier Land Acquisition Advisory Committee, and acceptance and approval by the Board of County Commissioners of Collier County, Florida. 13.09 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, Florida 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 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.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida, XIV. ENTIRE AGREEMENT 14,01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included 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 of the eSSence of this Agreement. IN WITNESS WHEREOF, the parties hereto set forth their hands seals. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: DATED: ATIEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: , Deputy Clerk d as ~5~ncl IIntl Attorne, DATED:_~~;;Jh~~ WITNESSES: DONNA FIALA, CHAIRMAN /E:}¡?~. JOE S. CANNON /;¡ri)n;~~ ~:~~) ",.. ~' Ij) j) I'J) /' i·~ It. r ',' ( li..- ...,\1111111'""", ~~\'''(o K N ~,~ ;'";.~ ..........,.9 .&,;~òfJ #")~... ..~ I .~ NOTþ..RY \ ! f PUBLIC ) ~ \ AT ~ \".9'" LJ>.P,GE /" ~'ß""" ..··0·' :-rlt:;...·....·O . '" ,ON ....,. "'"'''"111''''''' 7~~g~;~;)' k~:} t<[! / J~I¡ . ~ 'r/Y-~1-~:'-~~ 8 CONSERVATION COLLIER Tax Identification Number: 39491120007 Agenda Item No. 16A 12 October 12, 2004 Page 14 of 14 EXHIBIT "A" TAX IDENTIFICATION NUMBER: 39491120007 LEGAL DESCRIPTION: THE WEST ONE HUNDRED FIVE (105') FEET OF TRACT 14, UNIT 53 GOLDEN GATE ESTATES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE 931N THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 9 Agenda Item No. 16A 13 October 12, 2004 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve final acceptance of water utility facilities for Mediterra, Parcel 1 04 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 Mediterra, Parcel 104 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 April 18, 2001. Final Acceptance is in accordance with Ordinance 2004-31, 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. BE0948094 in the amount of $15,791.47, will be released to the Project Engineer or the Developer's designated agent upon the Board's approval. FISCAL IMPACT: The water facilities were constructed without cost to the Collier County Water-Sewer District. The cost of operating and maintaining the water facilities will be paid by monthly user revenues. GROWTH MANAGEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant. Capacity presently exists to serve this project. RECOMMENDATION: The Community Development and Environmental Services Division Administrator recommends that the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water facilities for Mediterra, Parcel 104, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Tonia Leavitt, Enqineerinq Technician ,_.., .,- Item Number Item Summary Meeting Dlte Approved By Thotnas E, f<uck, P.E. Communíty Development & EnvitnomC!nta SerVicl!!5 Agenda Item No, 16A 13 Oclober 12, 2004 Pag~ 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIDNERS 16A13 Recommendation to approve final acceptance of water utility facilities for Medilerra. Parr::el 104 10/12/2004 9:00:DO AM CDES Engirleering Service!' DÎmcfor Date CDES EnginiCering Servíc;es- 9122/2004 9:28 AM Pa'm~l.a Libby D..t~ Approved By Public Utìljtie& Wilhlt OpuraHl)ns. ManagC!' Watar ~12:Z{2no" 1:6& PM Approved By Tonia Leavitt Community Development & Erwiroomental Services Engillmulng Tuchnkian Date cnEs Engineering St!t'\Iic(P'5 9/24:20<14 9:55 AM D.1lv Approved By SAndra Lea Conununity D4!Vttlof)m~nt &. Environment...' Slr",j':I?$ Executive Ser;retary Community OUV4~ f)pI1l4~nt .& Elwimnmental S ~rvicl~!i Admin. 9/2412004 10:35 AM Date Approved By Paul MIJ1t.aU5Ch Public UtilltH!-s Water Din~'cto' Water 9/27/20041:21 PM Daft! Approved By Rnv 8, And!!!rs!)n, P .E. Public Utilities Puhli¡: U1¡litìl~H Engineming Dinwhlf Public Utilities Engineering 91Z7r2004 2:59 PM Date Approved By Joseph K. Schmitt .- COfnn1unity OI~'I(! Dpmeflt'" Envímnmr.nt..¡ Services. Oat~ Approved By Pat lehnhard County Manag1!tr'5 Office Camlnllolty Duvelopm(tnt & Environmental S",rvÌl:.es Admm;tratDr eOlYltnunity D~v~lo"tnent & Environmcfltnl Sc,...kcs Admin_ 9/27/2004 5:0:1 PM Administrative Assistant Of!'iC(! of M.mag41ment & Budgf!!t ~!%8!2004 10:26 AM Dut~ Approved By Randy Greenwidd County Manager's Office M'UUJ I!frtentlBudgnt AnalY$t Office of Management & Budget 91301200-41;'19 PM Dum_ Approved By Mark fsad($on County Manager's, Office B\ld90t Anflly<,¡t Office of Management & Budget 91301l00.4 2:25 PM D.", Approved By Michael Srnykowski County MõlfI¡l;ger'! . Office Management & Budget Director Office of Management & Budget 9/30/2004 2:34 PM Dale Approved By JilmelÞ V, Mudd Board øf Coutlty Con"Jfni$s:Îon~rli County MMlager County Manager's Office 913012004 5:57 PM _......~._-_.- ("')~("') ..-0_ «00 r,oN("') ..... . . N Q) 0"- 01 Z""C1J Q)a.. E..D Q)o ==13 roO -0 c Q) ~ ]1'1'::11: 01 iON / ____ _ -.c- .. oW ~- p ¡¡ .~ :: Ou ~- ~ Ès N~!:: nu~ ~ ~= i~ .., ~ ~ ì 1IIl"C),HlNnI):¡'P.:iIO:) S~SSJYd ,:¡ i ~ 0( ~ t::~ ~ m" N~~ ~ ~ ~. ;! ~~ ~>"~ ~- jF ~! f g¿·:uvJJh:B1Nl ~ ~~~ ~~! >- >- Z :=J o Ü w W ....J Î ~ ~ i ~g n ~ ~ ,.~"v.J.(U.a."'1) ~.- ª~! c... « ~ UJ ~ en -4' 52 ..J I&J U ~ Q. I II c... « ~ z o - ~ u o ...J Agenda Item No. 16A14 October 12, 2004 Page 1 of 5 ,- EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Madison Park, Phase One", and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security OBJECTIVE: To approve for recording the final plat of "Madison Park, Phase One", a subdivision of lands located in Section 4 Township 50 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99-199. CONSIDERATIONS: -, Engineering Services Department has completed the review of the construction drawings, specifications, and final plat of "Madison Park, Phase One". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Engineering Services Director and the County Attorney's office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Services Department recommends that the final plat of "Madison Park, Phase One" be approved for recording, FISCAL IMPACT: The project cost is $2,308,266.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $ 493,411.00 - $1,814,855.00 The Security amount, equal to 110% of the project cost, is $2,539,092.60 "·"_n.~,~,.. .,... Executive Summary Madison Park, Phase One Page 2 Agenda Item No. 16A14 October 12, 2004 Page 2 of 5 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $71,552.98 Fees are based on a construction estimate of $2,308,266.00 and were paid in April and July, 2004. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5./ac)-$ 2,305.00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) - $ 3,700.58 Drainage, Paving, Grading (.75% const. est.) - $13,611.41 c) Construction Inspection Fee Water & Sewer (2.25% const. est.) - $11,101.75 d) Drainage, Paving, Grading (2.25% const. est.) - $40,834.24 GROWTH MANAGEMENT IMPACT: The developer must receive a Certificate of Adequate Public Facilities prior to the final approval letter. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues. HISTORICAL/ARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts. If during the course of site clearing, excavation or other construction activity, a historic or archeological 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. ~.~_...- Executive Summary Madison Park, Phase One Page 3 Agenda Item No. 16A14 October 12, 2004 Page 3 of 5 STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Madison Park, Phase One" for recording with the following stipulations: 1. Approve the amount of $2,539,092.60 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Review Department. 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Engineering Services Director and the County Attorney's office. f'-~ PREPARED BY: John R. Houldsworth, Sr. Engineer, Engineering Services Department Itlm Number Itlm Summary Meellng Dote Agenda Item No. 16A 14 October 12.2004 Page 4 01 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIDNERS 16A14 RecommendatiDn to approve for recording the tinal plat of "Madison Park. Phase One" and approval of the standard form Construction and Maintenance Agreement and approval of the amount 01 the performance sec.urity. 10112120049:00:00 AM Prepared By Senior Engineer 9/28120041:31:0& AM John Hould.sworth Cummunity DeYI~lopmullt,\ Envlronh1ental Services Dote Engin<ettrlnu Servil:es Date Approved By ThoM3S E. Kucw, P.E. Community Dnyelopment & Envjnmmtmt1.1 SlItrvÏt:es CDES Engineering Servlc.es Director CDES En9Îneering Services 9/28/2004 8:1 Z AM Executive Seçretary Date Approved By SAndra Lea Community De\'elopmll!nt & I:n\"ronmfM1taIS(pr'Vlces Con1l'ounity Development & Environmental Service!» Admin. 9128J2004 9;33 AM D.te Approved By Joseph K. Schmitt Community Duvelopment & Environmental $f!'rvices Gommunity Development & Enyjronman1al Services Admin5tr.1tor Community DI~v4!lop"um1 & Environmental Services: Admin. 9J28¡2QO.. 'O~57 AM Pat Lehnha1d Administrative Assistant Date Approved By Cuunty Man"'!Jttr's Officft Officu of Munagmneflt" Budgét 9/29/200011 10:13 AM Approved By Mark lsackwon County Manager's. Office Budget Analyst Date Office of Managemll'nt & Budget 9/301201)4 2:46 PM Date Approved By Michael Smykows.ki ,,- County Manager's Oftk.e Dnte Approved By J;¡mes V. Mudd Board Df County Commiss.ioners Management & Budget Director Office of Management & Budget 9/30/200<4 3;·45 PM County Maful\lur County Manager's Office 9/30/2004 6:01 PM '<T'<Tl!) .,-0.... «00 (DNl!) .,- - ,N C1> 0"- 0) Z....ro C1>CL E..o C1>.8 =::0 roO "0 c C1> 0) « ¥ Œ . Q. SDlSIN" """ .,. 'itlVSI:N'8 'tlN't'S J. It S3ddOHS S!>NIQN't'l '1Iij'f~'t'S 't'lN'fS ::Pt:>S OJ.l.ON / - ~ ;:¡ :<: "- ~~ ~ " n ~ !~ w ::: ~ ~ ;; ~ Z w I! ~~~ c -' ~ ~~.... 0 I ¡;¡ C) ~~ !~ ! Î ~ ~ '" Ii. i': :;: ~ § Rl.-)J,V.L~ ~ ª ~~~ ~ I $~â ~ ~ ~ ~ ~~ ~ ~ ~ § ~ g ~ ~ ~ g ~~o ~r !d '" ~ V'I i( a.. « ~ IJJ ~ CJ) LLI Z o ~ 01{ iE ~ j :00: Q: 01{ a.. z o VI ~ X a.. « ~ z o ~ u o ...J ,.-- Agenda Item No. 16A 15 October 12, 2004 Page 1 of 15 EXECUTIVE SUMMARY Recommendation to accept the final report and consider the findings of the Immokalee Housing Condition Inventory (Inventory) and close the Immokalee Housing Initiative. OBJECTIVE: To forward to the Collier County Board of County Commissioners an after action report entitled the Immokalee Housing Condition Inventory and to close out staff involvement in the Immokalee Housing Initiative programs. CONSIDERATIONS: The Immokalee Housing Condition Inventory (Inventory) is Phase II of the Immokalee Housing Initiative. Phase I was the Mobile Home Park Initiative, which created the Nonconforming Mobile Home Park Overlay Subdistrict. This Inventory assesses the exterior conditions of all dwelling units within a defined study area inside the Immokalee Urban Area, other than mobile home parks. - The Inventory was designed and implemented by staff from four Departments within the Community Development and Environmental Services Division (CDES). Its primary purpose is to serve as a tool for Financial Administration and Housing Department and Code Enforcement in developing programs and priorities. In addition, this database can be used and analyzed by other Departments and agencies and it will serve as a time- specific reference for future studies. The report is attached to the Executive Summary. FISCAL IMPACT: There is no fiscal impact on Collier County by the acceptance of this report. GROWTH MANAGEMENT IMP ACT: The report and underlying database aid in the fulfillment of various Growth Management Plan provisions. Objective 4 of the Housing element requires a comprehensive survey to identify substandard housing units throughout Collier County, while Objective 3 directs an increase in housing programs to assist in rehabilitation. Policy 3.4 of the Immokalee Area Master Plan directs a prioritization of code enforcement related to substandard housing, where a serious threat to health and safety exists, RECOMMENDATION: That the Board of County Commissioners accept the final report and consider the findings of the Immokalee Housing Condition Inventory and close the Immokalee Housing Initiative programs. PREPARED BY: Kris Van Lengen, Planner, Comprehensive Planning Department .- 1 ._._~.._..<... Agenda Item No 16AI5 October 12, 2004 Page 2 of 15 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16AIS Meeting Date Recommendation to accept the fif'al report and consider the findings of the Imrnokalee HDllsing Condi1ion Inventory and close the ìmmokaiee Housing Initiative 10/12/20D4 9:00:00 AM Prepared By Date K'l$ VunLetl! t!'u ConunuhÎt.y Developmen1 and Environmental Services P\¡umel 9/27/2U04 3:27:63 PM CotnprC!herl"¡Y(1 Plannin9 Approved By Joseph K. S-=hlT\itt Community Oeve!lopment &. Environmental Se""¡(;es Adminstra:tor 0... CornfnlJnìtv Developfnf1nt & Environmelltnl $e,vtc;(!s Community DP.'Vf~lopment & Envìtunment;1I Servir.::e!i Admin. 9117J2004 8:00 PM Approved By Sandra Lea Executive Secretary Date Community Ocv( 'lopmr.n1 & EnvIronmental Sel'\'icl!lf¡ Community Development & Environmc-n1¡a Ser'JtGf!$. Admin. 9/26/20049:23 AM Approved By St:m Libingc¡t Commu....ity Devt!lopment & Environmental Se-r¡ìçes C(lmprl!.Hmsiv~ Plannín!~ Dirl!(:tor Du1ø Compr~hE'n!þjv~ Phu~ning 9/28/2Q04 11 :32 AM Approved By Pat Lf!hnhard Admini1itral:ive Assis1ant O...hl County Möllnil.!Jl!r'.'\. Otfh;ee Office of Mllnagmmmt 0\ Budget. 9129!2:004 10:10 AM Approved By Mark lsac.kson Budget Analyst Date County Manager's Offic.e Ofhc.e or Mønag~ml;!'nt & Budget 9/30/2004 3~2S PM Approved By M¡dllu~1 Smykuwski Mann l~tTI~nt & Budget Diractot Dn1~ CDunty Mnnag~r''S Oni(:4!' Offì~ ot Man01yemflnt &. Budget 9130/2004 5:46 PM Approved By James. V, Mudd CDunty Manager Date Boutd of Cl)lmty COlnmissjoners County Mo1I.nõlqr.r'$ Office 10(11200.+ 2:11 PM Agenda Item No. 16A15 October 12, 2004 Page 3 of 15 IMMOKALEE HOUSING INITIATIVE, PHASE II: IMMOKALEE HOUSING CONDITION INVENTORY The Immokalee Housing Condition Inventory is an assessment of the condition of housing in the Immokalee Urban Area, other than mobile home parks. It is based on observations of the exterior aspects of these dwelling units between May and August, 2004. These aspects include the physical condition of each dwelling unit, its visible infrastructure and surrounding conditions. The information derived from this inventory will be used to develop neighborhood revitalization strategies and to identify needs in the area of code enforcement. BACKROUND: Objective 3 of the Housing Element, Collier County Growth Management Plan, requires an increase in housing programs countywide to assist in rehabilitation efforts. Objective 4 requires a comprehensive survey to identify substandard units. With specific reference to the Immokalee area, Policy 8.2 states: "The County will prepare a housing assessment of single family, multi-family, and mobile home units and mobile home parks in the Immokalee Urban Area to determine the number of units that do not meet health and safety codes and the minimum housing code and target affordable housing and code enforcement programs to correct the conditions." Finally, Policy 3.4 of the Immokalee Area Master Plan directs Code Enforcement to prioritize enforcement related to substandard housing where serious threats to health and safety exist, including demolition. By direction of the Board of County Commissioners in September, 1999, Community Development and Environmental Services (CDES) embarked on a program specifically targeting mobile home parks in the Immokalee Urban Area. The Immokalee Housing Initiative, Phase 1 (Mobile Home Park Initiative) has been an ongoing program since that time. In 2003, Phase II of the Immokalee Housing Initiative began. This program is the Immokalee Housing Conditions Inventory (hereafter "inventory" or "survey"), which is the subject of this report. The inventory is intended to document the exterior conditions of existing housing in Immokalee at a specific point in time. It is intended to produce data that can be used in a number of ways. The Financial Administration and Housing Department (F AHD) will use the data as tool in the research, design and implementation of affordable housing programs. This may aid in the refinement of an overall strategy for affordable housing in Immokalee, as well as more specific uses such as grant applications. The Code Enforcement Department (CEO) will respond to matters of immediate concern and will also use the data to identify needs and priorities in Immokalee. In addition, this data will be available to various Departments, the BCC and outside agencies as needed. Agenda Item No. 16A15 October 12, 2004 Page 4 of 15 Finally, the inventory establishes a baseline of information. It can be used as a reference for comparisons with future surveys or studies of a similar nature. In this way, it preserves the historical record of existing housing conditions from May through August, 2004 for various potential studies. METHODOLOGY: The survey was designed by a committee of representatives ITom four Departments within CDES: Code Enforcement, Financial Administration and Housing, Comprehensive Planning and Addressing. The objectives stated by the committee include determining the numbers of parcels and dwelling units in the study, the number of vacant units, the number of units in each identified classification and the number of units in a dilapidated condition. The design was intended to quantify both structural and property considerations deemed most important to achieve the stated objectives. In view of the intention to· inventory every dwelling unit in the study area, and given practical and legal considerations, this inventory was designed as a "windshield survey". Only exterior conditions were considered. Interior evaluations were not included in the survey. Survey participants were selected from the Departments making up the committee. Fifteen (I5) employees participated in the fieldwork. Participants attended two training sessions. A classroom session conveyed the purpose and background of the program, and introduced techniques in evaluating various criteria. A field training session was also held in which participants rated the same structures. The field training emphasized consistency in evaluation and safety in the field. Fieldwork commenced May 3, 2004 and concluded August 6, 2004. The inventory includes sixteen (16) fields or categories representing the condition of each dwelling unit as well as infrastructure (drainage and driveway) and overall property condition. Points are assigned according to the condition of each feature with a total tally indicating the overall condition of the property. Other important features of the inventory include the address fields, folio number, general comments and the option for immediate action. (See Appendix A). This design accommodates a total rating for each dwelling unit according to the following classifications and definitions (Table I): 2 Agenda Item No. 16A 15 October 12, 2004 Page 5 of 1 5 Table 1 DEFINITIONS AND AGGREGATED POINTS Condition Description Aggregated Points Standard No visual defects 0-9 Standard M Slight defects that can be corrected during the 1 0-19 course of regular maintenance. The structure can still provide safe and adequate structure. Substandard Minor defects requiring more repair than would be 20-29 provided during regular maintenance. Structure still provides safe and adequate shelter. Deteriorated Major defects requiring extensive repairs. 30 or more Structure will not provide safe and adequate shelter unless repairs are made. Dilapidated! Does not provide safe and adequate shelter in No points Demolition present condition and endangers health, safety, assigned and well being of occupants. Structure cannot be economically repaired. Repair costs would exceed 50% of the total value of the shelter. In an effort to include all dwelling units (other than mobile home parks) in the inventory, participants were provided with GIS maps of each quarter of each half section involved in the survey. Forty-six (46) such maps were distributed. The quadrants making up the study area were selected as the best representation of the urban area consistent with Township, Range and Section descriptions and the goals of the Inventory. (See Appendix B). Residential units within the Immokalee Urban Area not included within the study area are generally rural in character. On each mapped dwelling unit appeared an address and folio number to the extent available from the GIS database. All folios containing appropriate Land Use Code fields were included. These were derived from the Collier County Property Appraiser's 2004 Tax Parcel Database, using standard Florida Department of Revenue Land Use Field Codes 1-8 to identifY appropriate residential properties. These did not include any commercial properties, or properties containing more than two (2) mobile home units (mobile home parks). Along with rating the properties in 16 categories, participants noted any discrepancies between mapped and physical addresses and judged whether each unit was presently occupied. In addition, there was an opportunity to note health and safety issues of an immediate nature and to make additional comments. 3 Agenda Item No. 16A15 October 12, 2004 Page 6 of 15 RESULTS: Field participants visited and evaluated 3,558 dwelling units on 2,898 parcels. On 363 parcels, 2 or more dwelling units were observed (including apartment complexes). No reports were made of 75 properties contained in the original database, either because of misclassification, change of use or inaccessibility. The density distribution of the observed dwelling units in the study area is shown on the map in Appendix C. The overall results for all properties covered by this inventory are as follows (Table 2): Table 2 OVERALL RESUL TS- ALL CAT AGORIES Classification: Number of Dwelling Units Standard Standard M Substandard Deteriorated Dilapidated * 2024 701 427 287 119 Total Survey 3558 *These properties were specifically identified for further review by Building Department specialists. They were either identified verbally as possible demolitions, or received scores in the first 5 fields of at least 30 (of 3 5) points. This information is presented graphically in Figure 1. Figure 1 Overall Point Score Totals Categories 1 - 16 . 0 to 19 Points (2725 units) Standard! Standard M 12% íillI20 to 29Points (427 units) Substandard 11130+ Points (287 units) Deteriorated . Dilapidated (119 units) 4 Agenda Item No. 16A15 October 12, 2004 Page 7 of 15 Dilapidated units were identified as a first step in determining demolition. None of the participants were qualified as structural engineers or cost assessors. Accordingly, a portion of units shown as dilapidated (119) may ultimately be reclassified as deteriorated, capable of rehabilitation. The same data can also be mapped to show concentrations of substandard, deteriorated and dilapidated structures on a neighborhood scale. Maps produced for each quarter of each half section can be made available showing observed conditions on each folio. Larger scale maps will be provided to F AHD as an aid to planning and identifying programs for repair and rehabilitation. Geographic considerations in housing programs can be accommodated by various mapping techniques. For example, Appendix D shows concentrations of substandard conditions as described above. Appendix E shows concentrations of deteriorated housing. A more specific application might be concentrations of roof repair and rep lacem ent. Results in individual categories can be expressed as total numbers and percentages for each condition, as shown in Table 3, below: Table 3 Results for Each Category by Number and Percentage Point Number Percentage Category Value Condition of Units Totals 1 ROOFINGIEAVESfSOFFITS 0 No repair needed 2636 74% 5 Needs patching 593 17% 10 Needs replacement 310 9% 2SIDING 0 No repair needed 2537 71% 3 Needs painting 629 18% 5 Needs patching/replacing 377 11% 3W1NDOWS 0 No repair needed 2800 79% 3 Needs repairing 382 11% 5 Needs replacing 361 10% 4DOORS (HOUSE) 0 No repair needed 2980 84% 3 Needs repairing 259 7% 5 Needs replacing 303 9% 5STRUCTURAL 0 No repair needed 3011 85% 5 Needs repairing 399 11% 10 Needs replacing 135 4% 6MOLD 0 None visible 2457 69% 5 Visible 1085 31% 7DRIVEWAYfWALKWAY 0 No repair needed 2948 84% 2 Needs patching 142 4% Needs replacing/structural repair or 12% 4 installation 436 5 Agenda Item No. 16A15 October 12, 2004 Page 8 of 15 .-' 8DRAINAGElCULVERT 0 Adequate 3317 94% 3 Inadequate 208 6% 9OVERGROWN VEGETATION 0 Very little/none 2993 85% 3 Moderate amount 348 10% 5 Significant amount 184 5% 1 ORU BBISH/REFUSElDEBRIS 0 Very little/none 2661 76% 3 Moderate amount 578 16% 5 Significant amount 285 8% 11TRASH CONTAINERS 0 None visible 3088 88% 3 Minor visual impact 389 11% 5 Major visual impact 46 1% 12SECONDARY BUILDINGS 0 None visible/no repair needed 3050 86% ON PROPERTY 3 Needs minor repair 236 7% 5 Needs major repair/removal 236 7% 13GARAGElCARPORT 0 No repair needed 3407 97% CLOTHESLINES 1 Needs repairing 51 1% 3 Needs replacing 66 2% 14FENCES 0 Good condition 3103 88% 3 Needs minor repair 324 9% 5 Needs major repair 95 3% 15116INOPERABLE VEHICLES & 0 None visible (1 condition) 2166 61% VEHICLES PARKED IN YARD 3 Visible (1 condition) 734 21% 6 Both conditions 621 18% Inventory Fields 9-16 deal primarily with Code related issues outside of the primary structure. Results in total points for these fields are shown in Figure 2. This infonnation can also be displayed geographically. Figure 2 10 Point Increment Totals: Categories 9 -16 Overgrown Vegetation, Rubbish, Trash Containers, Secondary Buildings, Carports, Fences, Abandoned Vehicles, Vehicles Parked in Yard . 0-9 PIs 3016 IT.d 10-19 PIs 473 II! 20-29 PIs 48 .30-39 PIs 21 1% 1% 6 Agenda Item No. 16A15 October 12, 2004 Page 9 of 15 The Immokalee Housing Condition Inventory database will be available to departments, boards and agencies as requested. Because nearly every residential property was included in the inventory, the database can be mined in different ways. For example, if Code Enforcement wants to determine the neighborhoods with the highest concentration of significant rubbish, this can be provided. (See Appendix F). If enforcement is by a priority such as simultaneous abandoned vehicles and significant rubbish, this information can be correlated and mapped. Occupancy as observed by participants was at 81 % of total dwelling units. The remaining 19 % were either judged unoccupied or "unable to determine". Of all observations, this one may be most subjective, because the observation relies on indirect evidence. As the inventory was taken between May and August, the percentage should reflect occupancy during low season. Participants indicated a need for immediate action on 131 units. Most of these were for obstructed windows (90), including bars or heavy screening on all windows that could not be easily removed in an emergency. Ironically, these obstructions are typically employed for reasons of personal safety. Of the remainder, 32 were indicated as Demolition and 9 had other health and safety concerns. All of these have been forwarded to the appropriate departments for review. Addressing discrepancies were an additional item of review. In total, 914 properties had addressing problems of some kind. In many cases, the Property Appraiser database either had no property address or had an incorrect one. In other cases, no address was posted at the location. Finally, some locations were missing a folio number. Field notations were compiled and forwarded to the Addressing Department. This compilation will be checked by the Addressing Department against their ongoing review of Immokalee properties. Many of these discrepancies have already been corrected. All corrections made by Addressing will be reflected on the GIS database and ultimately in the Property Appraiser's records. SUMMARY: The Immokalee Housing Condition Inventory is a tool that can be used in a variety of ways. It will be used for housing assistance programs and code enforcement, as well as other public purposes. It also serves as a baseline of information that that can be used as a point of comparison by future studies of a similar nature. 7 Appendix A: Field Inventory Form Agenda Item No. 16A 15 October 12, 2004 Page 10 of 15 ,,- IMMOKALEE HOUSING CONDmoN INVENTORY Folio: Map Address: No. of Un!q: Field Address: IA:_ Occupied: [] V.. [] No ~ o 3 5 No repair needed Needs painting Needs petdllng/Iep18Cing OVERGROINN VEGETATION o Very IIItte/none 3 Moderate emount 5 $ignlficanllmOUnt RUBBISH' REFUSE' DEBRIS o Very llllelnone 3 Moderate amount 5 Significant amount TRASH CONTAINERS o None vieible 3 Minor viBual ìnpec:t 5 Major vísuel ìnpec:t SECONDARY BUILDINGS ON PROPERTY o None víslblefno repair needed 3 Needs minor repair 5 needs major repairfntmoval Occ:upied i:I YES i:I NO GARAGE! CARPORT' CLOTHESLINES o No repair nMded 1 Need repairing 3 Need replacing ROOFING / EAVES / SOFFITS o No repeir needed 5 Needs pall:hing 10 Needs reptacement WINDOWS o No repair needed 3 Need repairing 5 Need replacing DOOR (HOUSel o No repair nMded 3 Need repairing 5 Need replacing STRUCTURAL o No repair needed 5 Need repairing 10 Need rep1øcing ,- MQLQ o None visible 5 VIsible DRIVEWAY 'W~AY o No repelr needed 2 Needs patàling 4 Needs replacingfstJUc:tura1 repair' Installøtion DRAINAGE' CULVERT o AdeqUllta 3 Inadequate ~ o Good condition 3 Needsmlnorrepalr 5 Needs møjor repair INOPERABLE VEHICLES o None visible 3 VI8ibIe VEHICLES PARKED IN YARD o None visible 3 VISible TOTAL POINTS Standard Standard M Subetandard Deteriorated _ DllapldatedlDemo _ COMMENTS: Form c;ompIetad by: Date: 8 L()-.;tL() ......0.,.- «0_ (DNO T'"" -.... .N.,.- 0"- ¡;¡ ¡;¡ ~ ,¡;;; ,8 Z....O> 0>0> ... .~ r- E..o ro .,. 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'" " -/;' g) !<! ii! c 'ø ~ :::J 0 €) 0 Co) :I: rJ) ~ i ~ f .. 1!' ~ i' ¡ ¡ ~ ~ . . ~ ~ i s -' -' .-...: 3 ;:: I .0I0Io-- .IN 0 --: N":! 0"'- zõ;8, E..o ro wSG.. ......ü -;;0 -0 c w 0> « r- ,""- ~ ", Q r:J r.r:, -; - Q Eo-- >. .Q I:¡J) = or;; = Q == "0 ~ - ~ ", Q ï: ~ - ~ ~ ~ io'i :a = ~ c. c. -< ~ .s I:: cu :> E I:: :B 'ë I:: o Ü C)~ .!: 8 ~(J) 0c) ::r:1:: g¡'!11 -0 1¥::r: 0_ E..!!! Et9 ~.+~, .. i cu g' ...I I: o :e "§ o '='! .5 cu ~:s _ o C,J :::I:UJ i ! ! '" 't '" ~ ; J r. i l, l i ~ ~ ~ ~ 1<i ~ [i ¡ 5 N - i! ¡- !II Agenda Item No. 16A16 October 12, 2004 Page 1 of 20 EXECUTIVE SUMMARY Petition CARNY-2004-AR-6512, Peg Ruby, Special Events Coordinator, Collier County Parks and Recreation, requesting a permit to conduct the annual October Fest Carnival on October 22, 23 and 24, 2004, at the Golden Gate Community Center located at 4701 Golden Gate Parkway. OBJECTIVE: Peg Ruby, Special Events Coordinator, CoJlier County Parks and Recreation, is requesting that the Board of County Commissioners approve a permit to conduct the annual October Fest Carnival on October 22, 23 and 24, 2004, on County owned property located at the Golden Gate Community Center at 4701 Golden Gate Parkway. The applicant is also requesting waivers of the occupational license and the surety bond, CONSIDERA TIONS: Peg Ruby has presented evidence that all the criteria have been met for the issuance of this carnival permit. Staff supports the waiver of the Surety Bond as there have been no previous problems related to c]ean up of the site after the carnival. The required insurance amount of $1,000,000,00 has been purchased and the County named as additional insured, FISCAL IMPACT: Approval of this petition would have no fiscal impact on the County, GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact. ZONING DEPARTMENT STAFF RECOMMENDATION: Staff recommends the Board of County Commissioners approve the permit to conduct the annual October Fest carnival and waive the occupational ]icense and surety bond, PREPARED BY: Cecilia K. Martin, Planning Tech Department of Zoning & Land Development Review Attachments: Cover Letter Addressing Checklist Departmental Memo Fund Transfer Required Back up Carnival Permit 1 Agenda Item No 16A16 October 12, 2004 Page 2 of 20 COLLIER COU!'ITY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16A16 Meeting Date Petition CARNY -2004~AR..ß512, Peg Ruby. Special Events CoordinatDr, Ç.,lIier County Parks and Recreation, requesting a pennillo conduct th! annual October Fest Carnival an OctoDer 22, 23 and 24, 2004, at the Golden Gate Community Center localed al 4701 Golden Gate Parkway. 10112/2004 9:00: DO AM Prepared By Dote CI~~iIÎ<I Martin PlarUlÎng T.~c;h 91,27(2004 2:11 :07 PM CommUl\íty Develop",en1 & Environmental Service..s Zoning'" Land D~'Jelopment Rey {!,w Approved By Sandra LN.I e_ecutive Sucretary Con1lT1~illity Devc~lop",lEmt 8. En"ý¡ronlJ1~nt;d $ervic.p.!ò Admiu. Dale Contlnunit.y OevelolUTlI!!"t & EIIYironrnœnt,,1 S(!tV¡I~S 9/2812004 11 :07 AM Approved By Susan Murray, AIC? Community Development & Erwironmen1al Services Zoning & Land Development Direc10r Date Zoning & land Development RI!viflw 9nS/2D04 2:52 PM Approved By Joseph K. Schmìtt Cl)lJlmurdfy DeveloJllnent &. Envìm·nnu!I)f;a SflrvÎI:f!$ Admìrt$tm1ot Date Community Developme;nt &. Environrnental Services Community Det,lelopmerlt & Environmental SelVices Admin. 9/28{20043;21 PM Approved By Pot lehnhard AdminÎstti1lìve Assistant Ont. County Mnn.ugN'so OfficI! Otli(;(! of M;magem(t"t & audu~~t 9129i2Q04 10:09 AM Approved By Marl! Is&cksol' Budget Analyst Dmte County Maniiger's Oftk:e OffiC:l~ of M;magement & Budget 912912004 4:32 PM Approved By Michael Smykow\õki Management & Budget Director Date CounLy Manager's Oftic¢ arlicl!' of M"nagf!mf!'nl- & Budget 9'30/20048:17 AM Approved By Jamm. V. Mudd County M,ulOuer D~rt~ Buard of County Commiss.ioners COllOty M,Ulanet's Offic:l~ !)J30:2004 4:36 PM ._-~_._",.,.., '~···_""__~'·'''M Agenda Item No. 16A16 October 12, 2004 Page 3 of 20 Permit No. PERMIT FOR CARNIVAL EXHIBITION STATE OF FLORIDA: COUNTY OF COLLIER: WHEREAS, Peg Ruby, Special Events Coordinator, Collier County Parks and Recreation, has made appJication to the Board of County Commissioners of Collier County, Florida, for a permit to conduct the annual October Fest; and WHEREAS, Peg Ruby, Special Events Coordinator, Collier County Parks and Recreatoin, has presented to the Board sufficient evidence that all criteria for the issuance of a permit to conduct the annual October Fest as set forth in Chapter 10, Article II, Amusements and Entertainments, of the Collier County Code have been satisfied and that such October Fest exhibition will be conducted according to lawful requirements and conditions; and WHEREAS, said Peg Ruby, Special Events Coordinator, Collier County Parks and Recreation, has requested waivers of the Surety Bond and Occupational License; NOW, THEREFORE, THIS PERMIT IS HEREBY GRANTED TO Peg Ruby, Special Events Coordinator, to conduct the October Fest from October 22 through 24, 2004, in accordance with the terms and conditions set forth in the petitioner's application and all related documents, attached hereto and incorporated herein for the following described property: (See attached Exhibit "An) The request for waivers of the Surety Bond and Occupational License are hereby approved. WITNESS my hand as Chairman of said Board and Seal of said County, attested by the day of 2004. Clerk of Courts in and for said County this ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA: DONNA FIALA, CHAIRMAN Approved as to Form and Legal Sufficiency: Marjorie M. Student Assistant County Attorney FOLIO NBR 0000036110040005 PARENT PARCEL 0000000000000000 ¡¡¡.oCR BLDG LOT UNIT RANGE TWP SECT S'l'RAP 115 1 26 49 21 323200 115 14B2 USE CODE 86 CLASS CODE (J 'form" 11.56 ACSC MILL M'.EA 20 SHORT LEGAL GOLDEN GATE UNIT 4 BLK 115 UNDIVIDED AND THAT PORTION OF VAC'1.'E:D R/W RES, 2000-192, LSSS OR 343 PG 311-12 XTRA :,,(;1. CNT o OWNER NANE COLLIER CNTY PREVIOUS OWNER BOARD OF COUNTY COMM OWNER ADDRESS BOARD OF COUNTY COMMISSIONERS 3301 'l'AMIAMI TRL E SLOG F NAPLES, FL78COX 341124902 FULL LEGAL DESCRIPTION GOLDEN GATE UNIT 4 BLK 115 UNDIVIDED AND THAT PORTION OF VACTED R/W RES. 2000-192, LESS OR 343 PG 311-12 -and- FOLIO NBR 0000036111520003 PARENT PARCEL 0000000000000000 BLOCK SLOG llB LOT UNIT J RANGE 26 TWP SECT 8TRAP 49 21 323200 118 14B2 USE CODE', 86 CLASS CODE o ~lILL AREA 20 'I'OT1\L 13.03 hCSC SHORT LEGAL GOLDEN GATE UNIT 4 £ILK 1 HI UNDIV1DgD AND THAT rOP-TION OF VACTED P,/W RES. 2000-192 XTK'" I.,GL eNT o OWNER NA.'1E COLLIER CNTY O~INER ADDRESS 3301 TAMIAMI TRL E NAPLES, E~99COX 341123969 PREVIOUS OWNER COLLIER COUNTY FULL LEGAL DESÇ,~}PTlON,_ GOLDEN GA.TE UNIT 4 ELK 118 UNDIVIDED A.>o10 THAT PORTION OF ~"'CTED R/W RgS. 2000-192 Exhibit "A" HDR REF FL.'IG HDR REF PlAG Agenda Item No, 16A 16 October 12, 2004 Page 4 of 20 Agenda Item No. 16A 16 October 12, 2004 Page 5 of 20 COillER COUN1Y DMSION OF PUBLIC SERVICES Parks and Recreation Department 3300 Santa Barbara Boulevard· Naples. Florida 34116 · (239) 353-0404 · FAX (239) 353-1002 Websitc: C01h---.' . , September 15,2004 CARNY -04-AR-6512 Octoberfest Susan Murray, Current Planning Manager F)lanning Services 2800 North Horseshoe Drive Naples, FL 34103 Dear Susan: The Collier County parks and Hecreation Department is applying for carnival permits for the follo'vvìng events. Tolve Presentations lnc, exceeds the one million dollar insurance policy and has named The Board of Collier County Commissioners as additional îrLsured. We are requesting waivers of the Surety Bond and Occupational License for this event, If you have any questions please contact me at (239) 353-0404. Please charge the $275,00 fees to 111-156341-649990 1 , october Fest Golden Gate Comrnunity Center 470 I Golden Gate Park\.vay. Naples. FL 341 16 October 22 - 24, 2004 Friday - 6:00prn - 1 0:00pm Saturday - 2:00pm - 1 0:00pm; Sunday- 12 :oopm - 5:00pm 2. Fall Fest Eagle Lakes community park 11565 Tamiami Trail East. Naples. FL 34113 October 28 - 3 I, 2004 Friday - 6:00' lo:oopm Saturday· 12:00 - 1 0:00pm sunday· 12:0opm· 5:00pm c <> (~~ é c:;. <> .. .. " y 3. Snowfest Golden Gate Cmnmunity Park 3300 Santa Barbara Blvd.. Naples, FL 341 16 Decen1ber 4 . 5. 20Q4 Saturday· IO:OOarn . 5:00pm Sunday· J 2:00pm· 5:00pm 5. Country Jam Vineyards Com,munity Park 6231 Arbor Blvd.. Naples, FL 341 19 March 1 I . 13, 2005 Friday - 6:00pm· 1 0:00pm Saturday, 2:00prn - IO:OOpm Sunday, 12:00pm· 6:00pm If you have any questions, please contact me at 353-0404. 111ank you for your assistance. Sincerely, ~~ Events Coordinator Collier County Parks and Recreation Agenda Item No. 16A16 October 12, 2004 Page 6 of 20 Agenda Item No. 16A 16 October 12, 2004 Page 7 of 20 Not all items 1. Legal description of subject property or properties (copy of lengthy description may be attached) till C~rfu \~ ~~ 4 \ \ '5 1 <6 ë'.-( - 4-<1- z-c:, numher(s) of above (attach 10, or associate }""ith, legal description if 2. Folio (Property I more than one) ~t1 004-0005 ~\ ItS2:000 3. 3. 4. Location map, showinl;:> exact location of projectJsite in relation to nearest public road right~ of-way (attach) 5. Copy of survey (NEEDED ONLY FOR UNPLA TIED PROPERTIES) 6. Proposed project name (if applicable) 7. Proposed Street names (if applicable) 8, Site Development Plan Number (FOR EXISTING PROJECTS/SITES ONLY) SDP 9. Petition Type _ (Complete a separate Addressing Checklist for each Petition Type) DSDP (Site Development Plan) 0 PPL (plans & Plat Review) DSDP A (SDP Amendment) 0 PSP (Preliminary Subdivision Plat) o SDPI (SDP Insubstantial Change) 0 FP (Final Plat) o SIP (Sire Improvement Plan) 0 Lü,A. (Lot Line Adjustment) o SIP A (SIP Amendment) 0 BL (Blastíng Permit) o SNR (Street Name Change) 0 ROW (Right-of-Way Permit) o Vegetation/Exotic (Veg. Removal Permits) 0 EXP (Excavation Permit) o und Use Petition (Variance, Conditional Usc,O VRSFP (Veg. Removal & Site FiU Permit) Boat Dock Ext., RezonrIUD rezone,¡ýtc.) MOther - Describe: LWìF'lAtJ~ 10. Project or development names proposed for, or already appearing in, condominium documents (if applicable; indicate whether proposed or existing) 11. Please Check One: 0 Checklist is to Faxed ack 0 Personally Picked Up 12. Applicant Name ' . ' Phone. ~ol..kJ.f Fax 3!;!,- Ie(!} 13. Signature on Addressing Checkli e n ns' t Project and/or Street Name approval and is subject to further review by the Addressing Section. FOR STAFF USE ONLY Primary Number 19 L+ ~ ~ R E eEl V E 0 Address Number 'l g ::; z. 3 Address Number Address Number Approved byjj~ 1YLrt.~ Date £1- I~ -D'I ("') » :;c z 00( 6 .þ. :i> :;c (n en ~ N o (') ... o r::r n> ¡- CII ... INVOICE BOARD OF COUNTY COMMISSIONERS COL1.IER COUNTY COURTHOUSE COMPlEX NAPLES, FI.ORIDA 34112 Agenda Item No. 16A 16 October 12, 2004 Page 8 of 20 ADC NO. Invoice: NQ. 43678 qlck;,/~ 1 Date: TO: CdfiK (~I\4x ()wi~Ot\()ffl.4b1í,-&¡S Jb.ð...~ onA) ll.crt.aHðf\ Òt.p+- 3/~Q ~ 6a~~tZ4 f'::1\J~ Nf.1f2JiLS ~ fL- &-Ill L, AppIic. P.O. No.: ~:E~~~~ DUE AND PAYABLE UPON RECEIPT (BOARO DEPARTMENTS ONLY· CHARGES ËXPËNSEO UPON RECEIPT OF YELLOW COPY IN FINANCE) DESCRIPTION AMOUNT t . TOTAL AMOUNT $ ( I c:t:J. CO <, y~. _A' '" «< h "n· '^'., _. ,,_ m --.--- -----~---- -------,-.~- .-------- ".- ---.---- _W_____ .-"--'-'_~__ft__ i\KE CHECKS PAVABLE to COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS DETACH AND MAIL THISPOR'nON WITH YOUR CHECK TO: FINANCE DEPARTMENT BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY COURTHOUSE COMPlEX NAPLES. FLORIOA 34112 ---FUND No 43678 Invoîce: . Amt. Enel.: AIR No.: FOAM et· CUSTOiImR r.t\ÞV , NOTE: Please read reverse side before cOfl1t)letinl! this Petition. Agenda Item No. 16A 16 October 12, 2004 Copy: Zoning Director Page 9 of 20 Copy: Petitioner Copy: (4) County Administrator CARNY..04·AR-6512 Octoberfest CARNIV AL OPERATION PETITION PETITION NO. DATE: Sf 3'!fO<'/ PETITIONER'S NAME: V¿ TELEPHONE:l.3OS) q is... 82t/Cf PETITIONER'S ADDRESS: ~q 4::>¿j,..;ð11t- \Af~J N:J D1D"Ï I PETITIONER"S E-MAIL ADDRESS: NIB FAX#(201) Q3?>-Sß.S1 , PROPERTY OWNER'S NAME: Cd'i~~~b"TELEPHONEl~~) .iS3- ot. 01.J PROPERTYO"'NER'SADDRESS:.~ ~ ~ BludliO(illS¡ PL S</ub OWNERS'S E-MAIL ADDRESS: pa;,\'U~ iii c..ø~1 ~ FAXó.fI:) 3Q -/OD7. LEGAL DESCRITPlONPF SUJµECf ~R~ERTY: -.! - W) ;;J:€ Comï1)Ut'1~ LØ11ßf j GENERALWCATION, ~ 4701 C:,o¡ðIm 6W P.tu2u ~ 3-111/(1 CURRENT WNING: NATURE OF PETITION: ~ THE FOLLOWING INFORMATION IS INCLUDED IN TIllS PETITION. (FOR EXPLANATION, SEE NEXT PAGE.) ./ 3.a. 3.(\.4) 3.e.5) 3.e.6) ",/ V ./' 3.e.7) 3.e.8) 3.e.9) v V ,/' 3.e. ./ ./ /' if 3.e.1 ) 3.e.2) .,,/ 3.e.3) ./ 3.b. 3.d. Comments: SIGNA~OF~R DATE REVIEWED by Board of County Commissioners: Approved: 0 Disapproved: 0 Conditions of Approval: SIGNATURE OF COUNTY ADMINISTRATOR (i) Agenda Item No. 16A 16 October 12, 2004 Page 10 of 20 INDIVIDUAL BOOTH NOTIFICATION FORM FOR TE1\1PORARY EVENTS Name of Event: [(~ ~ NameofBooth:-1õJUl Om~(øvrJ/Pj;~i(DÎo,1 ~ Person in Charge of Booth:~ '1'!2JVL T~:ood14or;;;~r~~~~~1Irm ~ Florida Administrative Code, Chapter 10D-13 requires all food to come from an approved source. All food storage, preparation and utensil cJeaning for this event shall not be done in private homes. Location of advanced food preparation:.£Iúf C~· rW~ -frai tQrS How will food be transported to event location? ~Y'1IJ.C1 -+11:u'{/lr...5 Method of keeping food hot and/or cold at event site: Method of cooking food at the location: (~ in <=lo If' l' ont.'~ ~. Food must be protected from dust, insects, fiies, coughs, sneezes. How will you provide this protection? Describe type of structure:--Cill Frx:t:J. ,'S Ct:J~ if) $elf C~ Adequate facilities and supplie;; sha be provided for employee handwashing. How will you ..... . provide this? r I For Information and Assistance contact: Environmental Health & Engineering Department - (941) 403-2499 Agenda Item No. 16A 16 October 12, 2004 + Page 11 of 20 Failure to comply with applicable food service requirements in accordance with Chapter 101)..13, Florida Administrative Code, may result in enforcement action. Do you understand this completely? YES r;¿( NO 0 I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibility for this establishment and I certify that said business will be conducted in compliance with the Florida Administrative Code, Chapter 10D-13. Signature ~Pli~ Date: 8j3,/O" CARNIVAL PETITION APPUCATlONl INDlVllJUA.L BOOTH NOTIFICATION FORM FOR TEMPORARY EVENTS · ø Agenda Item No. 16A 16 October 12, 2004 Page 12 of 20 SPONSOR NOTIFICATION FORM FOR TE1\1PORARY EVEl'\'TS Name of Event: Address of Event: Date(s) of Event: Sponsor of Event: Address of Sponsor: Person in Charge of Food Service: ~ t;ol æ Phone: ~15;'" &2LI!i Number of Food and Beverage Booths: ~ Estimated number of attenders expected at the event at one time? 1(1Dm' Number of toilets to be provided: Portable: Peml8nent: Male (to) Male (,5 ) Female (10) Female ( S ) Method of toilet waste disposal: ~ ~3 Describe method of liquid kitchen waste disposal: ~ ~(11(lnt Describe containers and method of solid waste disposal (garbage): I~ ~~mb) - ~ Number of solid waste disposal c ntainers provided: é/. t Describe facilities aud method of handwasbing:~ a.nci tYJtt r-(Jt1fJ1'ð ~... ~ &n() D<scriheraeill ¡¡im~~t~g: Source of potable waw'r: · . . . For Information and Assistance, contact: Environmental Health & Engineering Department - (941) 403~2499 '-~-""--->. I Agenda Item No. 16A16 October 12, 2004 Page 13 of 20 As the sponsor of this event you are responsible to notify all food vendors of the temporary food service requirements. Failure to comply may subject the booths to be closed for public health reasons. Do you understand this completely? , YESø NoD I certify that to the best of my knowledge and belie! all of the statements contained herein and on any attachments are true, correct, complete, and made in goml faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibilit)' for this establishment and I certify that said business will be conducted in compliance with the Florida Administrative Code, Chapter lOD-13. Date: 8/31/0t{ , I CAlU'.'IV AL PETmON APPLlCA TION/ SPONSOR NOTIFICATION FORM FOR TEMPORARY EVE""TS Rue 31 2004 3:14PM HP LRSERJET FAX __P " c: __,____ Agenda Item No. 16A 16 October 12 2004 89é); S NCE B 31/04 THill CI1RTIFtCA1'E 18 188UED AS A MATTER OF INFORMA 110N ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. '11118 CERTIFICATE DOES NOT AMEND, IOCI'END OR AlIOOUCIk A 1 ]. e 10451 Gulf Blvd. Treasure Island, FL 33706 800/237-3355 I I i , it IN$UREiRS AFFORDING COVERAGE __.,_..,_ ~IC' l~~!!.~,,'!'.~}i :..J1:.L In!.':1.!_i!L.!lS~ Co~p'"~ ~4fUA 8, ¡-II'ftIIJR1!AC; _...."'_____ I tHSUR~1't D: .~ø To-ïvë-Presentatìons, Inë. DBA: Third Generation 8628 Constitution Drive Homestead FL 33034 THE POlICIES Of' INSURANCE LISTED BELOW HA\IE BEEN ISSlJë D 10 THE INSURED No'\MED ABOVE FOR 'niE POLICY PERIOD INDICA TED. NOTWITHSTAHDING ÞHV REClUlREMENT, TERM OR CONDITION OF ANY CON'!"RACT OR OTHER DOCUMENi WTH RESPeCT TO WiICH 'THIS CEFmFICATE MAY BE ISSueO OR MAY PERTAIN. THE INSURANCE AFFORDED fIY THE pOLICIES DESCRIBED HEREIN IS .suBJECT TO AU. THE TERMS. EXCWSIONS AND CONcmONS OF SOOlol f'OLlCIES,AOOREGATE LIMITS SHOWN PJAV HAVE BEEN REOUCED BY PAiD ClAIMS, INM ,-'-"- " 'ClUCY .'I'I!CTM!'r 1 M4MF2582 04/17/04 s 1,000,000 s,~_ª~.~~ 0-, õ'ÕÕ,--' 1,000,000 AUTtIIIIOILIII..WIiUTY IHf ...UTO lOll t OWNEO M.r1'CI , !lCl*öUl.ED NJfOS H'IIED AIIT'O& 1fOH.()\MIEO N.JTO$ i COMItHEO S1NCll.£ UIIIT i ø;..-.no ! IIQOILYINJURV ..- . (!'W IIII'IOtI \.......-...-- I ¡ IIOOtL'I'INJUAY ~ I.I"W' IIIIddtnt) i ~RTYD_ IC!'W 1IIIdd..e) . ....-..- I. i ____J I' M4X 2583 , ' ¡ AJ.m>CWLY -EAACCI~__..;.!..._ EAÞCC . AGO ~ ~IIJQIUTT . i IHf AU1\) A ~~NtMADE 1,000,000 . 1,000,000 _aQQMJII!_1ION_ -.O'fI!IIII' UA8lLlIY NiN PAOf'fIlrTOM'AAmlERlÐŒCUTM5 QFFlCEIIIIoH!M_ UCLlJDED? 11 . teIIICtIV_r CInIIR ~~ Of' ~,"0NIILÞCA'I'1ONtI_1ØUI'11!XClUl.0NI ADCIIIDIIV"",-,IIJIIITI ~..~. EFFECTIVE FROM 10/22/04 THROUGH 10/31/04. BOARD OF COUNTY COMMISIONERS IS LISTED AS ADDITIONAl, INSURED AS RESPECTS TO THB OPERATION OF THE NAMED INSURED ONLY. EVENT: OCOTBBR FEST LOCATION OF EVENT: GOLDEN GATE COMMUNITY CENTER. BOARD OF COUNTY COMMISSIONERS 3301 TAMIAMI TRAIL EAST NAPLES FL 34112 IHOULDANrOF MMCMICIIII(IUIIIJ¡l ¡ ~_""""I ftI... "......"011 JIIII.'I'I!m....1HIIIIIIWIIfG __ M.ì......VOIl TO ItAIL " .3 0 D.f,\"II,WIIm'II!JI! H01ICI! TO 1'11 ( _1'IffCA1'I ~ _eo TO11ft' LIØ'T. .lIYf\II4UIIII!TODO 10 .IUIU. HIi'OII! NO OIIUGA"/1OII 0It"""'1'( QII' MY I'IINOUI'ON '!ME ftiIIIUIIeII, rrt.OIØ!Tf 011. A\I'ntOIUIII!Þ IU!l'lUlØTA 1MI C ACORD ION 1188 ACORD 2f (2oo1J01) '_.'--~-"_.""-' CARNY -04 AR-6512 OctAQen~!!~m No. 16A16 - Ooe"~ber 12, 2004 Page 15 of 20 COLLIER COUN1Y DMSION OF PUBLIC SERVICES Parks and Recreation Department 3300 Santa Barbara Boulevard. Naples, Honda 341 J6 · (239) 353-0404 · FAX (239) 353·1002 Webslre: col1iergov.net August 3 1. 2004 Collier County Sheriffs Office Mike Jones 330 Tan1iami TraB E. Bldg. J Naples, FL 341 12 BY FAX: (239) 793-9168 Dear Mr. .Jones: The CoUier County park<; and Recreation Departrnent is requesting the Collier County Sheriffs Office to provide Certified Deputíes for tt1e following special events listed below. Tl1e nlU11ber of c1eputies willl')e detennined in tl1e near future. \Ne are applying for Carnival Pemîìts througlì CoOier County Developrnent Services. 11'1e pem1itS recfuìres us to get a letter from the Collier County Sheriffs Office. stating you are aware of the events and will take necessary provisions for safety. Please fax the letter to 353- 002 aoci send the original to 3300 5ama Barbara Blvd. Naples, FL 34 1 16. I . October Fest Golden Gate Conlmunity Center 4ïOl Golden Gate Park:vvay, Naples, FL 34116 October 22 - 24,2004 Friday - 6:00prn - lO:OOprn Saturday· 2;OOpm - ) 0:00pm: Sunday- 1 2:00pm . 5:00pm 2. Fall Fest Eagle Lakes Community Park 11565 Tamiatni Trail East, Naples, FL 341 13 October 29 - 31, 2004 Friday· 6:00 - 1 0:00pm Saturday - 12;00 - 1 0:00pm Sunday - 1 2:00pm . 5:00pm c " (~r .. c n .. .. t, ,'\ Agenda Item No. 16A16 October 12, 2004 Page 16 of 20 3. Snowfest Golden Gate COfYununiry }-Ydrk 3300 Santa Barbara Blvd., Naples. FL 341 () Decen1her 4 . 5, 2004 Saturday - 10:00an1 - 5:00prn Sunday - l2:00pm· 5:00pm 5. Country Jam Vineyards Community P'"drk 6231 Arbor Blvd., Naples. FL341 19 March 11 - 13. 2005 Friday - 6:00pm - J 0:00pm Saturday. 2:00pm - lo:oopm Sunday, 12:00pm - 6:00pm If you have any questions please contact me at (239)353-0404. Thanks for your assistance. Sincerely, ()ß vPvu~ peg ~UbY ~ š~e&lJ Events Coordinator Comer County Park..<; and ReLïeation ~btríff Agenda Item No. 16A 16 October 12, 2004 Page 17 of 20 DON HUNTER -COLLIER COUNTY 3301 Tamíaml Trail 8151, BIóg - J, Naples, FL 34112-4902 (239) 774-4434 W\\'W,\"'OlIíeronarilf,crg September 13, 2004 TO: Whom it may concern: FROM: Sgt. Mike Jones, Special Services The Collier County Parks and Recreation Department has requested that the Collier County Sheriff's Office to provide Certified Deputies for the special events listed below. This memo serves as notice that the Collier County Sheriff's Office is aware of these events and will take necessary provisions for safety. 1. October Fest 2. Fall Fest 3. Snowfest 4. Country Jam October 22 - 24, 2004 October 29 - 31, 2004 December 4 - 5, 2004 March 11 - 13, 2005 Sîncerely, ,3T rmh J;~- Sgt. Mike Jones Special Services Collier County Sheriff's Office RECEIVED SEP 1 ~ 200" - PARKS & RECREATION "The duty ot the Collier County Sheriff's Office is to press"'" and protect \I the iives, property and constitutionai guarantees of aii persons," ~ Agenda Item No. 16A 16 October 12, 2004 Page 18 of20 COLLIER COUNIY DMSION OF PUBLIC SERVICES Parks and Recreation Department 3300 Santa Barbara BouJcvJ.rd · Naples, Florida 34116 · (239) 353-0404 · FAX (239) 353--1002 Website: collicrgov.ncl August 3 1 , 2004 Bill Sylvester Fire Marslìall Golden Gate Pire Department CARNY -04-AR-6512 Octoberfest BY FAX: (239) 348-7546 Dear Bill: The Collíer County Parks and Hecreßtion Department WOt¡}cÌ like to ìnfornl you of the dates of Ollr upcorning specìal events. October Fest will be held at the Golden Gate Cornrnunity Center on Friday. October 22 . 23, 2004. Friday hours "viI! be 6:00pm - lO:Ooprn and Saturday will be 12:00prn - lo:oOpn1. Snowiest will be he Ie! at the Golden Gate Con1munity Park, 3300 Santa Barbara Boulevard, Naples, FL on Saturday, December 4,2004 from 10:00 am - 5:00 pm. The carnival will remain open on sunday, December 5th from] 2:00pm« 5:00pm. \Ne are applying for Carnival Permits through Collier County Development Services. The permits require us to get a letter fron1 the Fire Inspector of the district. stating you are avvare of the events and \vHl take necessary provision for Fire Safety. Please fax the letter to 353- 1 002 and send the original to 3300 Santa Barbara Blvd. Naples. FL 341 1 G, If you have any questions please comact me at (239) 353-0404. Thank you for your assistance. Sincerely, 4'Ð~ Peg Ruby, special Events Coordinator Col1ier County Parks and Hecreation c o (~'f " c '" .. ... t.: Y ._-_..--.~ GOLDEN GATE FIRE CONTROL & R§J.C!JE DISTRICT WILLIAM T. SILVESTER FIRE MARSHAL Agenda Item No. 16A 16 October 12, 2004 Page 19 of 20 LDEN GATE FIRE CONTROL 8« RESCUE DISTRICT 4741 GOLDEN GATE PARKWAY· NAPLES. FLORfDA34116-6901 (239) 348+7540· FAX (239) 348·7546 4741 GOLDEN GATE PKWY. NAPLES, FL 34116-6901 (239) 348·7545/348·7540 FAX: (239) 348-7545 Si1vell\e(@ggfire.com www.ggf\re.com Septetnber07,2004 Peg Ruby Special Event Coordinator Collier County Public Services Parks and Recreation Departtnent 3300 SantaBarbara Blvd Naples,FL 34116 Subject: Special Events in Golden Gate Dear Mrs. Ruby: Thank you, for your letter informing the Golden Gate Fire District of your plans to hold the October Fest and Snow Fest in our District. Prior to their opening the Fire District will require inspections of these events. Please let this letter serve as conformation that we have been notified of your intent to have these special events. If you have any questions, please feelfTee contact tne at (239) 348-7540. Sincerely, /~/ __ /7 ../ / .·~/d¿-. '/ 15 ~ Wdliam T. Silvester Fire Marshal RECEIVED ¡--- t Cr"ì) i 0 2M'" .¡: "W...... l· UiFt [ ¡ t._ PA ~ ,"¡' f: ZI. ·o't·(';REATION F:\Users\SIL VESTE\work\PRCCPandR090704.doc Agenda Item No. 16A 16 October 12, 2004 Page 20 of 20 October Fest 2004 October 22 -23,2004 Golden Gate Community Center 0000 Tent Vendors o o o o Amphitheater Port a lets Parking Lot Carnival Agenda Item No. 16A17 October 12, 2004 Page 1 of 20 .--. EXECUTIVE SUMMARY Petition CARNY-2004-AR-6513, Peg Ruby, Special Events Coordinator, Collier County Parks and Recreation, requesting a permit to conduct the annual Fall Fest Carnival on October 28, 29, 30 and 31, 2004, at the Eagle Lakes Community Park located at 11565 Tamiami Trail East. OBJECTIVE: Peg Ruby, Special Events Coordinator, Collier County Parks and Recreation, is requesting that the Board of County Commissioners approve a permit to conduct the annual Fall Fest carnival on October 28, 29, 30 and 31, 2004, on County owned property located at the Eagle Lakes Community Park located at 11565 Tamiami Trail East. The applicant is also requesting waivers of the occupational license and the surety bond. CONSIDERATIONS: Peg Ruby has presented evidence that all the criteria have been met for the issuance of this carnival permit. Staff supports the waiver of the Surety Bond as there have been no previous problems related to clean up of the site after the carnival. The required insurance amount of $1,000,000.00 has been purchased and the County named as additional insured. .--- FISCAL IMP ACT: Approval of this petition would have no fiscal impact on the County. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact. ZONING DEPARTMENT STAFF RECOMMENDATION: Staff recommends the Board of County Commissioners approve the permit to conduct the annual Fall Fest carnival and waive the occupational license and surety bond. PREPARED BY: Cecilia K. Martin, Planning Tech Department of Zoning & Land Development Review Attachments: Cover Letter Addressing Checklist Departmental Memo Fund Transfer Required Back up Carnival Permit -- 1 ·-··'~_'_·_···_m Item Number Item Summary Meeting Date Agenda Item No. 16A17 October 12, 2004 Page 2 of 20 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A17 Petition C~RNY-2004.AR-6513, Peg Ruby. Special Events CODrdinator, CoUier County Parks and Recreation. requesting a pennlt to conduct the annual Fan Fest Camival on October 26. 29. 30 and 31, 2004. at the Eagle Lakes Community Pa.rk located at 11565 Tamiami Trail East. 1 Q/'i 212004 9:00:00 AM C~:ilia Martin P annit'l9 T uch '9127/2004 3:42:04 PM Prepared By CommUI\ity DevelDpment & Environment3l1 Senlices Date Zoninç¡ & Land De'J€!loprnent Rf!!view Approved By Dale Sandra lea con'<munit.y Deve (If)m~nt " Elwironmetltal Sf~t\ljcm; Exer..uttve Secrr.taty Comrmltlity Development & Envimnment;d Sp.rvir.:es Admin. 9/28/2004 1:14 PM Approved By Zoning & Land Development Director Date SUU" Murray, AICP Community Development & Environmental Servic.es lootl\!J & Land Deyuh)prnent Review 912.812004 2:51 PM Approved By Oat. Joseph K. Schmitt Community Develo )ment & Environmental SUlVice!lì CDnlmunity [)eveloptn~nt &. EnvironnH~ntal St'H'IIit:cs; Admins:tmtol Community DevelopnH!:nt & Environmental Services Admin. 9/28/2004 3:2.2 PM Approved By Chief Planncr Date Ray Bl!'lIows Community De-volopmunt & Environmental Services Zonil1g & Land Development Review 9128/2C04 3:25 PM Pat Lehnharo Adminis.trative Ass.í'5tant Date Approved By Office of Management & Budget 9/29/200410:11 AM Malt.: l.$.iU;kson Bud~lf!t Analyst Date County Manager's Office Approved By Ofher: or Management & Budget 913DI2004 2;10 PM Mí(:ha'll!!l Smykowsld MiUn.age:mmlt & Budget Cirul;;tot Dah! County Manager's OnK;t'! Approved By Offìce of Management & Bud9~t 9130/2.0D4 2:23 PM Jame.s V. Mudd County Mnnag!!lr DatI!! County Manager''!. Office Approved By Board tit C<nUlty Comlnífa.jol1em County Manager's Office 9/30/2004 4:45 PM ·.. ...... . ~.H, . ,~_ .. H.. ...._.. .....~... _. ~. Agenda Item No. 16A 17 October 12, 2004 Page 3 of 20 COLLIER COUNIY DMSION OF PUBLIC SERVICES Parks and RecreatIon Department 3300 Santa Barbara Boulevard · Naples, Florida 34116 · (239) 353-0404 . FAX (239) 353-1002 Website; colliergov,net September 15, 2004 ..... -"_"""__n~_..._.._._ . ~H. .___ '''~''__H H'.. ....--_H.'___~._.._~~_~.._H ..... Susan Murray, Current Planning Manager Planning Services 2800 North Horseshoe Drive Naples, FL 34103 CARNY..()4-AR-6513 COLLIER COUNTY PARKS & REC FALL FESTIVAL EAGLE LAKES COMMUNITY PARK oJ ~ Dear Susan; The Col1ier County Parks and Recrearion Department is applYing for carnival permits for the following events. Tolve Presentations Inc. exceeds the one million dollar insurance policy and has named The Board of CoUier County Commissioners as additional insured, We are requesting waivers of the Surety Bond and Occupational License for this event, If you have any questions please contact me at (239) 353-0404. Please charge the $275,00 fees to Ill- J 56341-649990 1 . OCTober FesT Golden Gate Community Center 4701 Golden Gate Parkway, Naples, FL 34116 OCTober 22 . 24, 2004 Friday· 6:00pm - J 0:00pm Saturday - 2:00pm· 10:OOpm; Sunday- 12:00pm - 5:00pm 2. Fall Fest Eagle Lakes Community Park 11565 Tamiami Trail East, Naples, FL 34113 OCfober 28 - 31. 2004 Friday· 6:00 - 1 0:00pm Saturday - 12:00 - J 0:00pm Sunday· 12:00pm - 5:00pm c If t~ Q c ø .. .. ~ .!' ""O>J __j¡;j¡¡~,< o;',~_,....;¡;",~"",.,...,".,.,.,,", .......-... ......~... ~....._... .--.. ...-.-... ...... .. .. . .. .... . . .~....~......-... ......~.........:.........~.~.. ",_H -- Agènda ItëÌŸINö.H 16A 17 October 12, 2004 Page 4 of 20 .. 3. snowfest Golden Gate Community Park 3300 Santa Barbara Blvd., Naples. FL 34116 December 4 . 5, 2004 Saturday· lO:Oüarn' 5:00pm Sunday· 12:00pm· 5:00pm 5. Country Jam vineyards community Park 6231 Arbor Blvd., Naples, FL 34119 March 11 . 13.2005 Friday - 6:00pm - lo:oopm saturday. 2:00pm· 10:oopm Sunday, 12;oopm - 6:00pm If you have any questions, please contact me at 353-0404. Thank you for your assistance. Sincerely, 4J?¿ ~. Peg Ruby, sbeelal Events Coordinator Comer county Parks and Recreation Agenda Item No. 16A17 - - October 12, 2004 ADDRESSING CHECKLIST Page 5 of 20- Please complete the following and submit to the Addressing Section for Review. Not all items will apply to every project. Items in bold type are ~uired. 1. Legal description of subject property or properties (copy of lengthy description may be attached) ~_ _ La..k9..D (<Ym ~. R:vJ¿ PÕ...-c -" I <:- ~'? OS:. - 50 - e.t:. 1] . . 2. Folio (property ID) number(s) of above (aJtach to, or associaJe with, legal description if more than one) DOu..4-\~O~o t 3. Street address or addre~s (asgpplicable, if alre 4. Locatioli map, showing exa location of project/site in relation to nearest public road right--_ of·way (attach) _ 5. Copy of survey (NEEDED ONLY FOR UNPL~'~.JTE;J:)PRQPEßTIES)._m_____________.___._._____ 6. Proposed project name (if applicable) CARNY-04-AR-6513 COLLIER COUNTY PARKS & REC 7. Proposed Street names (ifappücable) FALL FESTIVAL EAGLE LAKES COMMUNITY PARK 8. Site Development Plan Number (FOR EXISTING PROJEcrs/SITES ONLY) SDP 9. Petition Type - (Complete a separate Addressing Checklist for each Petition Type) DSDP (Site Development Plan) 0 PPL (plans & Plat Review) D SDPA (SDP Amendment) . 0 PSP (Preliminary Subdivision Plât) o SDPI (SDP Insubstantial Change) D FP (Final Plat) o SJP (Site Improvement Plan) DiUA (Lot Line Adjustment) o SIP A (SIP Amendment) 0 : BL (Blasting Permit) o SNR (SlreetName Change) 0 ROW (Right-of-Way Permit) o Vegetation/Exotic (Veg. Removal Permits) 0 EXP (Excavation Pennit) o Land Use Petition (Variance, Conditional Use.D VRSFP (Veg. Removal & Site Fill Permit) Boat Dock Ext.. Rezone, PUD rezone, .e~ 5:(t Other - Describe: - - C fX/V'(\). - - 10. Project or development names proposed for, or already appearing in, condominium documents (if applicable; indicate whether proposed or existing) 11. Please Check One:D Personally Pic~¢ Up 12. Applicant Name hone JS3-(}l/O LFax K3-J~ 13. Signature on Addressing Checklist does no nsti Project and/or Street Name approval and is subject to further review by the Addressing Section. FOR STAFF USE ONLY Primary Number '3 \ 3løl~..:Z. Address Number Address Number Address Number RECEfVED Approved by-f2Þ( ~ /Î'1rí~Date" t:¡ -I. .:..:t:>l.¡ INVOICE BOARD OF COUNTY COMMISStONERS OOLUER COUNTY COURTHOUSE COMPlEX NAPLES, FlORIDA 34112 Agenda Item No. 16A 17 October 12,2004 Page 6 of 20 Date: NQ. 43678 q I~/~ I ADC NO. Invoice: TO: Corl,g- (Ol~~ ~Wi~l»'\ ()r ~bl"L.&.1~ .Jb.d:~ errvO It.cJ1.dì{)(\ f)~+- .3l"tDð ~~ 6o("~rz¡ t:1\J~ l\J~rd-~, fL. å-IJ l L, Applic. P.O. No.: ~: ~'~~~ Lßc& P~ 4f-'SL{B . DUE AND PAYABLE UPON RECEIPT (BOARD DEPARTMENts ONLY - CHARGES EXPENSED UPON RECEIPT OF YELLOW COPY IN FINANCE) DESCRIPTION AMOUNT .. - TOTAL AMOUNT $ t J ct::J. CO _... .__._ 0_' ._ ".. ,N ,., ... .~..- + .~ .-..-. - .. ... ~.. .... ~. .. .. ,,_ _~ .._ 'H __ ... ... ------- ...-.-.,- .--.-.-.--- .. .._ _ .__ __ ....~.. ·a,·~.. .ø ...... _ ,_ _. ,. 'M -.. .. -. .~. ... .~ - ~', - -- "." -. . .....¥ ....-.-....... MAKE CHEa<.S PAYABLE 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS DETACH AND MAIL THIS PORTION WITH YOUR CHECK TO: FINANCE DEPARTMENT BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY COURTHOUSE COMPLEX NAPLES. FLOFlIOA 34112 Invoice: No. 4 3 678 PROJECT \ Amt. Enel.: ,-' AIR No.: FijiiD" LlI \ F0AM82·' CUSTOIER copy ,. NOTE: Please read reverse side before completin~ this Petition. Agenda Item No. 16A 17 October 12,2004 Copy: Zoning Director Page 7 of 20 Copy: Petitioner Copy: (4) County Administrator ,.R......._ _ø__....,.._ . .....-~ '~'~-~"'-~""_MØ_'_"""h"_'_"""~'_NM' (i) CARNY ~4-AR-6513 COLLIER COUNTY PARKS & REC FALL FESTIVAL EAGLE LAKES COMMUNITY PARK CARNIV At OPERATION PETmON PETITION NO. DATE: S/31104 . I PErmONER'SNAME: V4... TELEPHONE:~_~-82~ PETmONER'S ADDRESS: ,"', ~ríer1t' \N~J N _ _1__1 . PETITIONER"S E~MAIL ADDRESS: Nlß FAX#(201) Q33-S8S1 PROPERTY OWNER'S NAME: Qu--b.". TELEPHONE~OI. O(J PROPERTYOWNER'SADDRESS:~ ~ ~ Bt\ld ..5, FL ;Þ..¡U¡' OWNERS.SE-MAILADDRESS:~ru~.ne . F~~)~-/OO2. LEG~FSUBJ~PERTY:~/..ohX) GENERALWCATlON: ~ I/-~~ T~'amu·1f¡;¡d E A/~J""? CURRENT ZONING: NA TURE OF PETITION: THE FOLLOWING INFORMATION IS INCLUDED IN THIS PETITION. (FOR EXPLANATION, SEE NEXT PAGE.) ./ 3.8. V' ./ ./' if 3.e.I) 3.e.2) /' 3.e.3) ./ 3.e.4) 3.e.S) 3.e.6) I/' V ,/" 3.e.7) 3.e.8) 3.e.9) v V / 3.b. 3.c. 3.d. Comments: SIGNA~OF~R DATE .REVIEWED by Board of County Commissioners: Approved: 0 Disapproved: 0 Conditions of Approval: SIGNATURE OF COUNTY ADMINISTRATOR I (i) Agenda Item No. 16A17 October 12, 2004 Page 8 of 20 INDIVIDUAL BOOTH NOTIFICATION FORM FOR TEMPORARY EVENTS Name of Event: f:r;.RR., r:ë:;t:: NameofBooth:...Jõ \ L ~Ø\ft1.I-Pi'J!:pi{D.þ¡ r~ Person in Charge ofBooth:~ :mly,t-. Types of Food or Beverage to be Served: . CO . Florida Administrative Code, Chapter 10D·13 requires aU food to come from an approved source. All food storage, preparation and utensil cleaning for this event shall not be done in private homes. Location of advanced food preparation:~ C~ t1.Ì~ -rrt:M' Ú1r5 How will food be transported to event location? ~....I.nll{L.::t(lÅjúz. r~ Method of keeping food hot and/or cold at event site:.-St £ (! ~ nø:J LJ fJ its Method of cooking food at the location: ~. (~ io Q¡)i:f ('~'rrxr- Food must be protected from.dust, insects, flies, coughst sneezes. How will you provide this protection? Describe type of structure:-GŸl ~ i"& CD~ if) Adequate facilities and suppUes shall be provided for employee handwashing. How will you provide this? Stlap ~ IsIrfq c:rifJ., rú~ IA r,Þr For Information and Assistance contact: Environmental Health & Engineering Department· (941) 403-2499 Þ Agenda Item No. 16A 17 October 12, 2004 · Page 9 of 20 Failure to comply with applicable food service requirements in accordance with Chapter lOD-13, Florida Administrative Code, may result in enforcement action. Do you understand this completely? YES ct' NO 0 I certify that to the best of my knowledge and belief aU of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibility for this establishment and I certify that said business will be conducted in compliance with the Florida Administrative Code, Chapter lOD-13. ~~ Signature or Applicant Date: 0/310 l( CAR!\IIVAL PETmON APPLICATION! lNDIVIDUALBOOTH NarlFlCAT10N FORM FOR TBMPORARY EVENTS ø Agenda Item No. 16A 17 October 12,2004 Page 10 of 20 SPONSOR NOTIFICATION FORM FOR TEMPORARY EVENTS Name of Event: Address of Event: Date(s) of Event: Sponsor of Event: Address of Sponsor: Person in Charge of Food Service: ~ -¡;()l tie PhoDe:~ Number of Food and Beverage Booths: ...3 Estimated number of attenders expected at the event at one time? IqðOn' Number of toilets to be provided: Portable: Permanent: Male (to) Male (S ) Feroale (~O) Female ( S ) Method of toilet waste disposal: ~ ~j Describe method of liquid kitchen waste disposal:~ ~ ~ rntt:ïL:- Describe containers and method of solid waste disposal (garbage): (~~~ Number of solid waste disposal c ntainers provided:~ Describe facilities and method ofhandwasbing:__ ard. l'!Ðtt r-ann¡'f!j vnÞr ~ .~ Describe facilities and method of utensil washing, rinsing and sanitizing: ~i.cac1..tJ t Qtlr~ ~ Soorœ of potable water: ~~ ~ For Information and Assistance, contact: Environmental Health & Engineering Department - (941) 403-2499 -"--«< ~-,.,.....-~- .-~,,,..._.._,,. Agenda Item No. 16A 17 October 12, 2004 Page 11 of 20 As the sponsor of this event you are responsible to notify all food vendors of the temporary food service requirements. Failure to comply may subject the booths to be closed for public health reasons. Do you understand this completely? YEsM NoD I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of wheth.er there is a charge for the food. I agree to assume responsibility for this establishment and I certify that said business will be conducted in compliance with the Florida Administrative Code, Chapter 10D-13. ~Wre.r1L.'f::tt Date: 8/31/ Of.{ , I CARNIVAL PETITION APPLICA TIONI SPONSOR NOTIFICATION FORM FOR TEMPORARY EVENTS , Agenda Item No. 16A 17 October 12, 2004 Page 12 of 20 .' COLLlER COUN1Y DMSION OF PUBUC SERVICES Parks and Recreation Department 3300 Santa Barba.n1 Boulevard. Naples, Florida 34116 · (239) 353-0404 · FAX (239) 353-1002 Webslte: colllergov.net August31,2004 Collier County Sheriff's Office Mike Jones 3301 Tamíami Trait E. Bldg. J Naples, R~ 34 I 1:2 BY FAX: (239) 793-91 68 Dear Mr. Jones: The Collier county parks and Recreation Department is requesting the Collier County Sheriffs Office to provide Certified Deputies for the following special events listed below. The number of deputieS will be determined in the near future. We are applying for Carnival Permits through Collier County Development Services. The permits requires us to get a letter from the Collier County Sheriffs Office. stating you are aware of the events and wíl1 take necessary provisions for safety. please fax the letter to 353-1002 and send the original to 3300 Santa Barbara Blvd. Naples, FL 341 16. I . October Fest Golden Gate Community Center 4701 Golden Gate parkWay, Naples. FL 34 116 October 22 - 24, 2004 Friday· 6:00pm· 10:00pm Saturday - 2:00pm· 10:OOPOì; Sunday- 12:00pm· 5:00pm 2. FaD Fest Eagle Lakes community park I 1565 Tamiami Trail East, Naples, FL 341 13 october 29 . 3 1, 2004- Friday - 6:00 - 1 0:00pm saturday· 12:00 - 1 0:00pm Sunday - 12;00pm - 5:00pm Co o I~~ 0 .. Co ... .. 1- .v '. Agenda Item No. 16A 17 October 12, 2004 Page 13 of 20 3. Snowfest Golden Gate Community Park 3300 Santa Barbara Blvd., Naples, FL 341 16 December 4 . 5, 2004 Saturday - IO:ooam· 5:00pm Sunday· I 2:00pm - 5:00pm 5. Country Jam Vineyards Community Park 623 I Arbor Blvd., Naples, FL 341 19 March 11 . 13, 2005 Friday· 6:00pm· IO:OOpm Saturday, 2:00pm· I 0:00pm Sunday, 12:00pm· 6:00pm If you have any questions please contact me at (239)353-0404. Thanks for your assistance. Sincerely. (Jß! vr~ Peg Wuby ~ S~tx-.QI Events Coordinator Collier County Parks and Recreation .- ~btriff Agenda Item No. 16A17 October 12, 2004 Page 14 of 20 DON HUNTER · COLLIER COUNTY : --= 3301 Tamiami Trail Eael, 8Iùg. J, Nap¡.s. FL 34112·~902 (239) 774·4434 www.colliersharllf.Qrg September 13, 2004 TO: Whom it may concern: FROM: Sgt. Mike Jones. Special Services The Cottier County Parks and Recreation Department has requested that the CoUier County Sheriff's Office to provide Certified Deputies for the special events listed below. This memo serves as notice that the Collier County Sheriff's Office is aware of these events and will take necessary provisions for safety. 1. October Fest 2. Fall Fest 3. Snowfest 4. Country Jam October 22 - 24, 2004 October 29 - 31, 2004 December 4 - 5, 2004 March 11 - 13, 2005 Sincerety . ~~~' $gt. Mike Jones Special Services Collier County Sheriff's Office ReCEIVED SEP , ~ 200' pARKS & RECREATION, 1ñe duty of !he comer Counly Sheriff'. OIflce Is to preserve and proteet ¡Öj the líves, property and constitutional guarantees of all persons.n - Agenda Item No. 16A17 October 12, 2004 Page 15 of20 COmER COUNTY DMSION OF PUBLIC SERVICES August3J.2004 Parks and Recreation Department 3300 Santa Barbara Boulevard · Naples, Florida 34116 · (239) 353-0404 . FAX (239) 353-1002 Website: colliergov.net NÌck Biondo Fire Marshall East Naples Pire Department BY J-ì\X: (239) 774-3 J 16 Dear Nick: The Collier County parks and Hecreation Department would like to inform you of the dates of our upcoming special event. Fall Fest will be held at the F.:.agle Lakes Community Park on Friday, October 29 - 31,2004. Friday hours will 6:00pm - I 0:00pm, Saturday, 2:00pm· I 0:00pm and Sunday will be 12:00pm . 5:00pm. We are applying for a Carnival PerrrÜt through CoUier County Development Services. The permit requires us to get a letter from the Fire Inspector of the district. stating you are aware of the event and wiD take necessary provisions for Fire Safety, Please fax the letter to 353-1002 and send the original to 3300 Santa Barbara Blvd. Naples. FL 34116. If you have any questions please contact me at (239) 353-0404. Thank you for your assistance. Sincerely, \~ ~ fl. Peg HUby" ~pe~ Events Coordinator Collier County Parks and Recreation c ø (~~ '" c <> .. .. t. -" C:t~ þNAÞ<,: q-' , ~A I.Ii ~ "'. I I ~~. _ . ...f.§' ~~ ~RÉc;(., 239 774 3116 p.02 Agenda Item No. 16A 17 October 12, 2004 . . Page 16 of 20 East Naples Fire Control & Rescue DIstrict Fire Prevention Bureau 5001 East Tamiami "frail Naples, Florida 34),13 (239) 774-2800 Sep-Ol-04 Ol:13P EAST NAPLES FIRE Septem ber 1 , 2004 Ms. Peg Ruby. Special Events Coordinator CoWer County Parks & Recreation Naples. Florida Dear Peg, This is to inform you that the East Naples Fire Department will provide aU the necessary fire safety inspections at the Fall Fest to be held at Eagle Lake Community Park. Should tents be used, please make certain that all county tent requirements are met. We will accommodate tent inspe!:tions on Friday, October 29th, to ensure compliance. If 1 may be of any further assistance, please feet free to contact my office. Sincerely, ?I~ ¡VL. Nick Biondo Deputy Chief --", Aue 31 2004 3:14PM HP LASERJET FAX p_;-J Agenda Item No. 16A 17 ..---.-- ~ ". ---'- FL 33706 .... Tolve Presentations, Inc. DBA: Third Generation 8628 Constitution Drive Homestead FL 33034 MUlIER .: I,NIUIt£R C; IIIiIUMR D: nœ POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED 1'0 111! IHSURED foWÆt) ABOVE FOR THE PCUCY PERIOD tNCICA1'ED. NOTWTHSTAtlDlIIIG NIY R£QUfREUENT, "ÆRiA OR CONDmON OF AN'i CONTRACT OR OTHER DOCUMENT W1t1 REI!iIP£CT TO Vll'HICH 1HI8 CI!....-nI"tCÞ.TE MAY BE II!i8UÐ OR MAY PERTAIN, TtlE IN8UMHCE AFFORDED IV 'THE POUCIES DESCRIBED HEReß¡ 16 SUBJecT 1'0 ALL 'THE "ÆRMS. EXCLUSIONS AND COHomOHS OF SUCH .IES. ¡t,OOREGo\TE LIMITS SHOVWIIIIÞ4Y HAVE 61!EN REDUCED BY PAID c~ if: ... ~II _ 'OUD'fafll' ~..- u.'I ~'--UT'I' ~ I 1,000,000 A ..!.. COMIleRCw. QE"'elW. LWtIU'TY M4MF 2 5 8 2 04/1 7/04 04/1 7/ 0 5 I 50.000 -=r~MIS ru.oe [!] CCCIJR ..n !XI" · >--- --- "--.... ,\NN ~ · 1,000,000 M'N'~''''' QÐII--' '-~''n! ,10,000,000 ñll'l. l UMIT "'"~~PSt --NIIO · 1,000,000 ·-,.....r ~ ''''' ~~Uo\llL.lt'f ~I)'INOI.I LIMIT · i--- ÞMV AVTO IÞ ..... - H..L cwrEC AIJTOI IOCIILV INJIMV CP'W~ · - !ICHECl/LI!I! AUTOS - HI1ItED AUTOS IODIL'I'INJURY · - ~OAUTO& ,... ........0 1'ROI'IIm'~ · ~-- ~~~ AU'TO CINL Y - .... AOCIDfWf · MY IlUTO O'I"H&III T_ EA /IDC II MJTO C»L v: .- t ~_8IIIW.AUI'-.J1'Y M4XF2583 04/17/04 04 17/05 ÞCJot OCCURR~œ !I 1,000.000 A X ~ 0 Cl.AWaIAAOE ......"FAo."Æ · 1,000,000 ==¡ ::I1t1lUOTllL.! · · II I _~III:JIINIØ I we """'1\1- I ¡cw- ......,.,... UULlI'I' ItL -.-. '-~NT I Nt11"11Of'"IET'()MYioRTN¡;1WJCECIITI\IE OM'IQEJII lIIEW _ t)CCLLIDEM E.I... OEAM. ..... EM'\.O't'EE . ~,~- ., -..... .1In...,.. UMIT · 0"1_ IlØClltPnoII OF ~TIONIUI.ØCATIONa' WtIICI..IdII øc:wtlClNllIIIIDID II\' If þCJ"V~T''''':'~' E?PECTIVE FROM 10/29/04 THROUGH 10/31/04. BOARD OF COUNTY COMMl S lONERS IS LISTED AS ADDITIONAL INSURED AS RESPECTS TO THR OPERATION OF THE NAMED INSURED ONLY. EVTm' : FALL FEST. LO~ATION OF EVENT: EAGLE LAKES COMMUNITY PARK. BOARD OF COUNTY COMMI SlONERS 3~f' TAMIAMI TRAIL EAST NAI';~S FL 34112 tIfOUUIN«OF_1UIOft _~ClUII!~1>1IIII'OØ nc__ .ft 'ItIPmI'.1WI:__......" WIU._IIOA 1'0 111M. -li.. .,.....WMnDI ..onc:aTOTMI. ~_ MØUIIIIt_a1O _~.IIU'I' 1'Ak/J11111O DO 110........ -.: NOClllU8A11CN "" IJIIaJTY Of ,.., l1li111) W'0It... INIU-.Ift_'" M AU'I"MOIIIIBt .......TATM! C ACORD TION 1'" ACOAr.'25 <_1M') SEP-23-2Ø04 15:48 ccu..l ER CO PRK . t V?J ./1;7 cD P.Ø2 Agenda Item No. 16A 17 October 12. 2004 Page 18 of 20 .~ '- ~ II j ~ ~ V) < ./ ..:->/....... b CP IV.'J/J^o d \0 ~ ~ ~ '- <;) C)l 4- I) \) '-;L..,.. >- 'j-... ~ 'j- "- @ ~ :¡-- ~0 I-~ % ~ ~ <1> ~ '7- ~ ~~ \...~ \..¡ fY) \J~ ~~ ~ ~ ~ ~¡ ~~~ ~~~ 'Ù '-t rp ~ VJ ,. -,- ~~~ rD ... -1~ ~ l0 ~ TOTAL P.Ø2 Permit No. Agenda Item No. 16A17 October 12,2004 Page 19 of 20 PER.J'\lIT FOR CARNIVAL EXHIBITION STATE OF FLORIDA: COUNTY OF COLLIER: \VHEREAS, Peg Ruby, Special EvenL~ Coordinator, Collier County Parks and Re<:reation Department, has made application to the Board of County Commissioners 01 Collier County, Florida, for a permit to conduct the Fall Fest; and WHEREAS, Peg Ruby, Special Events Coordinator, Collier County Parks and Recreation Department, has presented to the Board sufficient evidence iliat all criteria for the issuance of a pennit to conduct the Fal! Fest as set forth in Chapter ] 0, Article II, Amusements and Entertainme )t~, of the Collier County Code have been satisfied and that such Fall Fest exhibition will be conducted according to lawfui requirements and conditions; and WHEREAS, said Pl.'g Ruby, Special Events Coordinator, Collìer County Parks and Recreation Department, has requested waivers of the Surety Bond and Occupational License; NOW, THEREFORE, THIS PERMIT IS HEREBY GRANTED TO Peg Ruby, Special Events Coordinator, Collìer County Parks and Recreation Department, to conduct the Fall Fest from October 28,29,30 and 31, 2004, in accordance wilh the tenns and conditions set forth in the petitioner's application and all related documents, attached hereto and incorporated herein for the following described property: (See attached Exhibit "A") The request for waivers of the Surety Bond and Occupational License arc hereby approved. WITNESS my hand as Chairman of said Board and Seal of said County, attested by the Clerk of Courts in and for said County this_ day of 2004. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA: DONNA FIALA, CHAIRMAN Approved as to Form and Legal Sufficiency: t --~...- \, ~ FOLIO NBR 0000000447880401 BLOCK BLDG LOT ONIT 029 .000 PARE.NT PARCEL 0000000447080001 PHYSICA.L STREET LOCA'rION Agenda Item No. 16A 17 11567 TAMll.Ml TRL E. NAPLES AREA NORTHOctober 12, 2004 Page 20 of 20 RA.'GE TWI? SECT STRAP 26 50 33 502633 029.0005133 USE CODE 82 CLi\SS CODE o MILL AREA 53 TO'!'Þ.L 33.00 .A.CSC HDR REF FLAG SHORT LEGAL 33 50 26 PARK SITE DESC AS: COM AT NW CNR SEC 33, 52 DEG W 14 73.24 FT, 5..i,Y hLG NLY RW LI US 41 176. 2°J F1', S 54 DEG E XTAA I,GL CNT 6 OWNER NAME COLLIER CNl'Y PREVIOUS OWNER COLLIER COUN'H OWNER ADDRESS 3301 TAMIAMI TRL E NAPLES, FLC0580 341123969 FULl-_ LEGAL DF.:SCRIPTION 33 50 26 PARK SITE DESC AS: COM AT NW CNR SEC 33, 82 DEG W 1473.24 ~"T, SELY Al.G NLY RW L! US 41 176.27 f"f, S 54 DEG E F1' TO POB Exhibit "A" Agenda Item No. 16A 18 October 12, 2004 Page 1 of 19 --- EXECUTIVE SUMMARY Petition CARNY-2004-AR-6514, Peg Ruby, Special Events Coordinator, Collier County Parks and Recreation, requesting a permit to conduct the annual Country Jamboree Carnival on March 11, 12 and 13, 2005, in the Vineyards Community Park at 6231 Arbor Boulevard. OBJECTIVE: Peg Ruby, Special Events Coordinator, Collier County Parks and Recreation, is requesting that the Board of County Commissioners approve a permit to conduct the annual Country Jamboree carnival on March 11, 12 and 13, 2005, on County owned property located in the Vineyards Community Park at 6231 Arbor Boulevard. The applicant is also requesting waivers of the occupational license and the surety bond. CONSIDERATIONS: Peg Ruby has presented evidence that all the criteria have been met for the issuance of this carnival permit. Staff supports the waiver of the Surety Bond as there have been no previous problems related to clean up of the site after the carnival. The required insurance amount of $1,000,000.00 has been purchased and the County named as additional insured. .~ FISCAL IMPACT: Approval of this petition would have no fiscal impact on the County. GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact. ZONING DEPARTMENT STAFF RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the permit to conduct the annual Country Jamboree carnival and waive the occupational license and surety bond. PREPARED BY: Cecilia K. Martin, Planning Tech Department of Zoning and Land Development Review .~ Attachments: Cover Letter Addressing Checklist Departmental Memo Fund Transfer Required Back Up/Carnival Permit 1 Agenda Item No. 16A18 Oclober12.2004 Page 2 of 19 COLLIER COl1NTY BOARD OF COUNTY COMMISSIONERS Me.tlng Date 16A18 CARNY-2004~AR.6614, Peg RUby, Special Events Coordinator, Collier County Parks and Rec.reation, requesting a permit 10 conduct the annual Country Jamboree Carnival on March 11,12 anO 13. 2005, in the Vineyards Community Park at 6231 ,~rbor Boulevard 10/12/2004 9:0D:DO AM Item Number Item Summary Prepared By Date Cecilia Martin Planning TI!(';h 9127/2004 3:52~43 PM Communi1y Devulopn'lI!lIt & Envìronmental Servic.es ZoninG &. Laud Devell)þml~ot Ri..'Vir.w Approved By Sandra L( 8 Executive Secretary Date Comrnunit)' Dl!!vl!!laplnMt & Environmentall SeNiC" Community DeveÞpmcn1 & Envìronrmmtlll Smvíl~!s Admin. 9128120041:15 PM Approved By Susan Murra')'. Ale? ZOlling & L;and Development Qirector Date Community Deve-Iopment & Environme:nml S"rvìt:(!s ZOI,ing & Land Development Review 9/2812004 2:51 PM Approved By Joseph K. St:hmìtt CGmmuntty Devl!!lopme:nt &. EnvirDnmental Services Adminstrutor Date Community D(~veloþtnl!!nt &. Environmental SlI!'rvicn Community Onveloprnent & Environmental Services Admin. 9128/2004 3:22 PM Approved By Ray Bellows. Chief Planner Date Community D~."C'topmtm1 & EtwironmentalScrvicm¡ loning & Land Development Review 9/28120043:32 PM Approved By Pst Lehnhard Adl1Ünjstrative Assistant Date CDunty Manager's Onice Office of M.anagenlent & Ðudg(~1. 9129/200410:1 Z AM Approved By Mark IS3ck!l-on Budgd Analys.t Date County Manager's Office Office of Man.agen,ent & Budget 9/30/20042:15 PM Approved B}i Michael Smy,",o'MOkï Mnna1J C1ment & Bml1;wt Director O'lle County Manager's, OfficI! Office of Management & Budget 9/3Q12004 2:30 PM Approved By James V. Mudd BOllr&! 01 CO'If1ty Comlni1i'fojon-rrs County Menager Date County Manager's OfficI!' 913012Q04 5:39 PM ...... ..'. ,. ·_"_'~._.'__~._h .....~.. .-, ......:.-....-- -·_··_····,~·:..~·_~·:_---·_~--~'.4'___:.m~__._~__R,...__.-..--._._M___....___........_._____...____ Agenda ¡tern No. 16A18 October 12, 2004 Page 3 of 19 COLLIER COUNlY DMSION OF PUBliC SERVICES Parks and Recreation Department 3300 Santa Barbara Boulevard · Naples, .Florida 34116 · (239) 353..{)4()4 . FAX (239) 353-1002 Website: colliergov.net September 15,2004 Susan Murray. Current Planning Manager Planning Services 2800 North Horseshoe Drive Naples, FL 34 103 CARNY..o4-AR-6514 Country Jamboree Dear Susan: The CoIlier County Parks and Recreation Department is applying for carnival permits for the following events. Tolve Presentations Inc. exceeds the one million dollar insurance policy and has named The Board of Collier County Commissioners as additional insured, We are requesting waívers of the Surety Bond and Occupational Ucense for this event. If you have any questions please contact me at (239) 353-0404. Please charge the $275.00 fees to 111-156341-649990 I . October Fest Golden Gate Community Center 4701 Golden Gate Park:vvay, Naples, FL 341 1 6 October 22 - 24, 2004 Friday - 6:00pm - I 0:00pm Saturday - 2:00pm - 1 0:00pm; Sunday- 12:00pm - 5:00pm 2. Fall Fest Eagle Lakes Community Park 11565 Tamiami Trail East, Naples, FL 34113 October 28 . 3 1, 2004 Friday. 6:00· 10:00pm Saturday - 12:00· I 0:00pm Sunday - 12:00pm· 5:00pm c ø I~~ e c ø ... ... L ;)' --=---.~------,...._~. ._~;..;....__..__.,......_.__...:..~ . _.~....-._~-~.__...........---. ~--~_.~.....;...".~ .,. . Agenda Item No. 16A 18 October 12, 2004 Page 4 of 19 3. Snowiest Golden Gate community Park. 3300 Santa Barbara Blvd., Naples, FL 3411 G December 4 . 5, 2004 Saturday· lo:ooam· 5:00pm Sunday - 12:00pm . 5:00pm 5. Country Jam Vineyards community Park 6231 Arbor Blvd., Naples. FL 34119 March 11 . 1 3, 2005 Friday, 6:00pm· 10:oopm saturday, 2:00pm· lo:oopm Sunday, 12:oopm· 6:00pm If you have any questions, please contact me at 353-0404. Thank you for your assistance. Sincerely, ~~ Events COOrdinator Collier County Parks and Recreation ,.---- 'Legal description Of. subject pro~erty or properties (copy c>f l£!ngthy de. scri~tíon may be aJtached) i .,tJ S C tJ m Mù ~ . (1JI f, 'J. ~ \~ 5 - -2':-" 2. Folio (propert ID) nunïber(s) of above (attach to, or a.ssodate with, legal ~Stription if more than ont) '&)ìó~ \915.00 <+- . , f··" 3. 4. Location map, showing exact location of project/site in relation to nearest public road right- of-way (attach) 5. Copy of survey (NEEDED ONLY FOR UNPLA~PRº~ERTIES1 . ..- 'H'~~.:.:_:_____ 6. Proposed project name (if applicable) "_..__.___M_._.. 7. Proposed Street names (if applicable) . CARNY -04-AR-6514 Country Jamboree 8. Site DevelopInðnt Plan Number (FOR. EXISTING PROJECTS/Sn'bS UNLr) SDP 9. Petition Type - (Complete a separate Addressing Checklist for each Petition Type) . 0 SDP (Site Development Plan) 0 PPL (plans & Plat Review) DSDP A (SDP Amendment) 0 PSP (pre1i.minàry Subdívision Plat) o SDPI (SDP insubstantial Change) 0 FP (Final Plat) . o SIP (Site Improvemènt Plan) 0 t;¡.A (Lot line Adjustment) o SIP A (SIP Amendment) 0 BL (Blasting Permit) o 8NR (Stre~t Name Change) 0 ROW (Right-of-Way Permit) o VegetationlExotic (Veg. Removal Permits) 0 EXP (Excavation Perm.it) o Land Use Petition (Varianc. e, co.nditiOnal ~s()D VRSFP (Veg. Removal & Site Fill Permit) Boat Dock Ext., Rezone, Pl]!( rezone, et~JQj.& [3:. Other - Describe: ~ U I . 10. Project or development names proposed for, or aJready appearing in, Condominium documents (if applicable; indicate whether proposed or existing) 11. Please Check One: 0 Cheokli[.is;.ç be E k 0 Personally Picked Up .. 12. Applicant Name "Œ .c. V. . V J hone (5$S -ù-I()<{ Fax 353- IOOL 13. Signature on Addressing Checklist does not nstitut oject and/or Street Name approval and is subject to further review by the Addressing Section. FOR STAFF USE ONLY Primary Number I q 2 \ \ S Address Number Address Number Address Number RECEIVED Approved bY.!1rr..~ {Yl.¡¡y.~ Date q--~ìt.·-;'¡"~·~ , INVOICE BOARD OF COUNTY COMMISSIONE,RS COLlIER COUNTY COURTHOUSE COMPLEX NAPLES. FLORIDA 34112 Agenda Item No, 16A18 October 12, 2004 . Page 6of19 ADC NO. Date: ' . NO. 43678 q Ir:i:o/~ , ," " Invoice:: TO: Co,hf( (ðU"-1X t>Wi~br\ðf~bll,-&JS , .1o.ð:: .~ l~' 'ty ~ : ~ . .' " ' 1':)(\ t.r.. 3$D():::.c,~ ~('~r?J ~\/~ , Na(2Jd-~ \~ &i.J I ~ .' ApptIc. P.O, NO.: ~~~;~;~.. , , , DUE AND PAYABLE UPON RECEIPT (BOARD PEPIíRTMEA"fS o.NLY' . CHARGES eXPENseD UPON RE¢EIPT 6F YElLOW COpy IN FINANCE) DESCRIPTION , AMOUNT' t, - TOTAL AMOUNT $ ( J aD. c:x:J ---------------.---------------------------..----.------------------------------------------~------------- \KE CHECKS PAYABLe 1'0: COLUER COUNTY BOARD OF COUNTY COMMISSIONERS DETACH ANÐ MA1L THIS P0RT10N WITH YOUR CHECK TO:' FINANCE DEPARTMENT BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY COURTHOUSE COUPLEX NAPLES, FLORIDA 34112 InvoiCé: No. 43678, . . " ,Aml Enel.: ...._ -I .. AIR No.: "UNO' , I l FOAM 8:/:·' ctJATOUI!R r.nDY ..."""''''--< NOTE: Please read reverse side before conmlctitlJ!: this Petition. Agenda Item No, 16A18 CARNY-04-AR-6514 October 12, 2004 Page 7 of 19 Country Jamboree (i) CARNIV AL OPERATION PETITION PETITION NO. DATE: S/31/104 PETmONER'S NAME: \ .£ . TELEPHONE:l.3Qs? q is- 82f./C1 PETITIONER'S ADDRESS: ?~Cf io?¿jrSMr \N~J . tV:I Dir;1, PETITIONER"S E-MAIL ADDRESS: fJ/ß . FAX#l2olJ Q33-Sß.Si PROPERTY OWNER'S NAME: Cd~Ø.åfà"'~"TELEPHONEl~~) .iÇ3- ot. ð.J PROPERTYOWNER'SADDRESS:~· ~ ~ Blttd ,.5. F1- S<¡UÞ OWNERS'SE-MAILADDRESS: ~rrl"ð~ UI ~·",,~ FAXÓ~)ID-/DD2 LEGAL DESCRITPION OF SUBJECT PROPERTY: . )1_ _~ C ~ An~ GENERAL~~~}J Arb9\. ß ~ ¡C¿ 2I-/:/R CURRENT ZONING: NATURE OF PETITION: THE FOLLOWING INFORMATION IS INCLUDED IN TIßS PETITION. (FOR EXPUNATION, SEE NEXT PAGE.) t/ 308. v ./ ,,/ V 3.e.l) 3.e.2) ./' 3.e.3) ./ 3.e.4) 3.e.5) 3.e.6) I/' V .;' 3.e.7) 3.e.8) 3.e.9) v ¡/ ,,/ 3.b. 3.e. 3.d. Comments: ~ <-ØI~ SIGNA T . . OF PETI R DATE REVIEWED by Board of County Commissioners: Approved: 0 Disapproved: 0 Conditions of Approval: ~ SIGNATURE OF COUNTY ADMINISTRATOR (i) INDIVIDUAL BO~OTH~NOTIFICATION FORM FO~ TEMPORARY EVENTS Name or Event: Qt1. ~ . N....ofBooth:~\ - ~únltly·p¡¥.P¡{D.f/oo1 ~ Person in Charge of Boòth:~ -mJ\J.L. Types of Food or Beverage to be Served: . CO Agenda Item No. 16A 18 October 12, 2004 Page 8 of 19 Florida Administrative Codc,Ompter lOD-13 requires aU food to come from an approved source. All food storage, preparation and utensil cleaning for this event shall not be donein private homes. Location of advanced rood preparation:..súf coofr:A.i 1ìÌ~ --tr~ l4r5 How will food be transported to event location? ~nød -tf'l:l,iÚl: ,...,,5 Method of keeping food hot and/or cold at event site:~ f! ~ nii) On i-;5 Method of cooking food at the location: catD6 in 90 If' l' (Y'f)Ic;.' m~ ~. Food must be protected from dust, insects, nies, coughs, sneezes. How wiD you provide this protection? Describe type of structure:--làll fa:x:1 ItS. ~ in <;lJ£.C~~ Adequate facUities and supplie~ sha be provided for employee handwashing. How will you provide this? tï . For Information and Assistance contact: Environmental Health & Engineering Department - (941) 403-2499 Agenda Item No. 16A 18 October 12,2004 Page 9 of 19 As the sponsor of this event you are responsible to notify all food vendors of the temporary food service requirements. Failure to comply may subject the booths to be closed for public health reasons. Do you understand this completely? YEsM NoD I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are tme, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibility for this establishment and I certify that said business will be conducted in compliance with the Florida Administrative Code, Chapter lOD-13. ~wre.~~~ Date: 8/31 / Of.{ , , CARNIVAL PETmON APl"LICATIONl SPONSOR NOTlFlCA.TION FORM FOR TEMPORARY EVBNTS ..oOUœll FL 33706 Rue 31 2004 3:16PM H? LASER JET FAX ~~.. Tolve presentations, Inc. DBA: Third Generation 8628 Constitution Drive Homestead FL 33034 RERI AFFORDING COVERA E NAIe · I1ftN T.R.E. Insurance co~an:i. 11iE POUca Of I~UFW&CE usrm BELOW HAVE BEEN ISSUED TO lHE INSURED IWi/IEDA8O'11E FOR THE POUO\' PERlOO IN01CATt:O, NOM'OiSTANDING NfY REQUIREMENT. 1!JItM OR CONDmO l( OP NNCOHTAACT OR an£R OOOUME.MTWi1H ~OT 10 'MtICIi 11iIS CeR.TIFlCA'Æ MAYse ISSUED OR MAV PERTAIN, THE I....suRANCE AFFORCED BV'niE. f'Ql1C1E8 DESCRIBED HEJœIM IS SUBJECT TO NJ.. 1HE TEIUS, EXCLUSIONS AND COHOI"ON& OF SUCH _ES. AQGREGATe WAITS stI~ MAY AAVE BEEN REDUCED BV PAID CL.A1MS, ... --N"- 111.- LlIIITI ~UAIIUT't NCE · 1,000,000 A ..!..~EII(:IAl GfNEOO"!y M4MF2582 04/17/04 04/'17/05 · 50,000 ___,- CLI'I""I w.DI! CCCUk MID · p",,-'" & All\f1OL11..... · 1, 000,000 A~_~' .10,000,000 ~~~n;;~PM -...............- , 1,000.000 : ....LI"'" Lœ ~Q&II UAII&lIY QCW8INElD .IItOL.II UNlrT , - JûlV AUTO l£tI .-.no - AL.~ C)j\ N1!Q A\JT0It 8CØ\.y IN.IIRV (PW"~ · - SCHEDULIIÐAUT08 - I-'J.£G ÞdJ1'OS K)DIL.Y INJURY (,.... ........'11 · I HOM-O'i'H5D J.UTOt I - \ - ~r-æ · 1'Ir ! rl5 ~UN AUTO QNl..Y· IiA NJOIØIINT · ¡ iUf'(Al./TC 0'ItER T\WII F~ lICe . AUTO QNI.. Y: ...... . 1 ~...u.-O:1V M4XF2583 04/17/04 04/17/05 ElICK CCCURRENOI! .".," · 1,000,000 X OCQI, II CLAIMS WlCI! _~~II#I.1!: · :1.,OOO,QOO ~ D!D\.lCTlIILI · S i It I ! ~ CO"1"IIIM.11CIN NID I lIII0111"-""'" ~ lo:t I ~~rrY IU, ~ADot .o/'!t'!IfIII!NT , \ Nt" I'RCIPIIm'CIIWAJt'TMI!M!XI!OU1'IV15 · I CI'!'ICE__~ ElCWDI!D? ILL.'-" .1!A1!IoI1"\.D~1! It llYN. ...... II'ICIW .,,-,,-. . . ~ ØIaIIM'1IOII Of' ~'ftO"I1 \.O(IA'nOICt /WKIO\.U , aowtlONl ADDEO.\' I!ItUOl'llnEIfI' ....... ,..øvIIIQ- EFFECTIVE FROM 03/11/05 THROUGH 03/13/05. BOARD OF coUNTY' COMMISIONERS IS LISTED .AS ADDITIONAL INSURED AS RESPECTS TO THE OPERATION OF THE NAMED INSURED ONLY. EVENT : COUNTRY JAM. LOCATION OF EVENT: VINEYARDS COMMUNITY PARK. BOARD OF CO )301 TAMIAMI TRAIL NAPLES FL 34~12 IKOIJLD ",.". "NJ MOIl! ..-aIVRD I'OUCIQ.. CANCI!I.U!D "1'0IIII"" ~"DM .....11: 1MIIU'OI'. 'IMC IISUIfIID ............ DlÞILIo\la l '10..... ..1Q... - WlV'lftM !I(J11CI: '10 _ ~ft ..oLÞ- MllIII!D1O"'1 utn.1IIIt MIL\.ItIIII! '10 DO 10 IIIW.L "I'OIIIE NOoaJIAl101e OIt""""'I'Y.IIHt.-. UPOft 1tt.IN1111U1',mMlBlTl'CId' AU1KÐIIIIBJ~"11Ve o ACORD C :TION ..... ACORD 26 (2801108) -,"- Agenda Item No. 16A 18 October 12, 2004 Page 11 of19 COWER COUN1Y DMSION OF PUBliC SERVICES August 31. 2004 Mr. Jerry Sanford North Naples Fire Control District I 780 lmmokalee Road Naples, FL 34103 BY FAX: (239) 597·7082 Packs and Recreation Department 3300 Santa Barbara Boulevard· Naples, F10rida 34116 · (239) 353-0404 . FAX (239) 353-1002 Webslte: colliergov.net Dear Mr. Sanford: Comer County Parks and Recreation Department will be holding the 7th annual County Jam at Vineyards Community Park, 6231 Arbor Blvd. Naples, Rorida on March] 1 . 13,2005. Friday hours of operation will be from 6:00 - 10:00 pm, Saturday will be 2:00 . 10:00 pm and Sunday will be from 12:00 - 6:00 pm We are applying for a Carnival Permit through Collier County Development Services. The permit requires us to get a Jetter from the Fire Inspector of the district, stating you are aware of the event and will take necessary provision for Fire Safety, I am requesting a letter on your letterhead stating that you are aware of the event and that the department will take necessary provisions for Fire Safety. Please fax the letter to 353- ] 002 and send the original to 3300 santa Barbara Blvd. Naples, FL 341 16. If you have any questions pJease contact me at (239) 353-0404. Sincerely, àu~ 1 Events Coordinator Collíer ~6~~~~ks and Recreation c I~ e c o .. .. y Agenda Item No. 16A 18 O~12, 2004 North Naples Fire Control & Rescue Vfs\tri15t ARE PREVENTION BUREAU 1885 Veterans Park Drive · Naples. Florida 34109 (239) 597-9227 · Fax (239) 597-3522 September 1, 2004 Ms. Peg Ruby. Special Events Coordinator Collier County Division of Public Services 3300 Santa Barbara Blvd. Naples~ FL 34116 Re: 7th Annual Country Jam @ Vineyards Community Park- March 11 -13,2005 Fax: (239) 353-1002 Dear Peg, I am in receipt of the preliminary paper work and aware of the 7th Annual Country Jam Event which will be held on March 11 - 13,2005 @ the Vineyards Community Park located @ 6231 Arbor Blvd. Naples, FL. . The North Naples Fire Control & Rescue District will be on site to inspect all aspects of tire safety prior to the scheduled operation of the festival. Please oontact the Fire Prevention Bureau at least one week in advance of the scheduled event so that we may schedule the safety inspection. Should you have any questions. or if 1 may be of further assistance, please do not hesitate to contact me @ (239) 597-9227. Sincerely, ~~ Karl K. Reynolds, F tr Marshal North Naples Fire Prevention Bureau KKRJdw RECEIVED SEP Ð 3 2IJOIt PARKS & RECREATION Agenda Item No. 16A 18 October 12, 2004 Page 13 of 19 COLLIER COUNTY DMSION OF PUBLIC SERVICES Parks and Recreation Department 3300 Santa Barbara Boulevard· Naplès, Florida 34116 . (239) 353..0404 . FAX (239) 353-1002 Website: colliergov.net August3J,2004 Collier County Sheriff's Office Mike Jones 3301 Tamiami Trail E. Bldg. J Naples, FL 34 J 12 BY FAX: (239) 793-9168 Dear Mr. Jones: The Collier County Parks and Recreation Department is requesting the CoUier County Sheriffs Office to provide Certified Deputies for the following special events listed below. The number of deputies will be detennined in the near future. We are applying for Camival Permits through Collier County Development Services. The permits requires us to get a letter from the Collier County Sheriffs Office. stating you are aware of the events and will take necessary provisions for safety. Please fax the letter to 353·1002 and send the original to 3300 Santa Barbara Blvd. Naples, FL 34) 16. 1. October Fest Golden Gate community Center 4701 Golden Gate Parkway, Naples, FL 341 16 October 22 - 24, 2004 Friday.. 6:00pm· 10:OOpm Saturday.. 2 :Oopm.. 1 0:00pm; Sunday- 12:0opm.. 5:00pm 2. Fall Fest Eagle Lakes Community Park: 1 1565 Tamiamì Trail East. Naples, FL 341 1 3 October 29 .. 3 I, 2004 . Friday - 6:00.. J 0:00pm Saturday· 12:00· I 0:00pm Sunday· 12:00pm - 5:00pm c .. I~~ .. .. c .. .. .. ~ :y Agenda Item No. 16A18 October 12, 2004 . Page 14of19 3. Snowfest Golden Gate Community Park 3300 Santa Barbara Blvd., Naples, FL 341 16 December 4 . 5, 2004 Saturday - 1 0:00am - 5:00pm sunday - 12:oopm· 5:00pm 5. Country Jam vineyards Community Park 6231 Arbor Blvd., Naples, FL 34119 March 11 . 13, 2005 Friday - 6:00pm - 10:00prn Saturday, 2:00pm - 1 0:00pm Sunday, 12:00pm - 6:00pm If you have any questions please contact me at (239)353-0404. Thanks for your assistance. Sincerely, p~~Events coordinator Collier County Parks and Recreation "'-~ .' . "'~""---""- ~btriff * DON HUNTER . COLLIER COUNTY Agenda Item No. 16A 18 October 12, 2004 Page 15 of 19 9301 Tamiaml Trail East, Bldg- J, Naples, FL 34112-4902- (239) 77<1-4434 www.colliersherll.f.org September 13, 2004 TO: Whom it may concern: FROM: Sgt. Mike Jones, Speciaf Services The Collier County Parks and Recreation Department has requested that the Collier County Sheriffs Office to provide Certified. Deputies for the special events listed below, This memo serves as notice that the Collier County Sheriff's Office is aware of these events and will take necessary provisions for safety. 1. October Fest 2. Fan Fest 3. Snowfest 4. Country Jam October 22 - 24, 2004 October 29 - 31,2004 December 4 - 5, 2004 March 11 - 13, 2005 Sincerely, ~~~. Sgt. Mike Jones· Special Services ColUer County Sheriff's Office RECEIVED SEP 1 4 ZOO't PARKS & RECREATION "The duty of.he Collier County Sheriff's Office is to p"""'ræ and protect Ii the lives, property and constifutional guarantees· of all persons." ~ PLAYGROUND COMMUNlrtger da Item No. 16A 18 CENTER October 12, 2004 Page 16of19 1+ ~ toRT ABL£ ++ + FENCING BASKETBALL COURT BACKSTAGE AREA PARKING LOT 1 ENTERTAINERS ONLY BACKSTAGE AREA 40X40 81 AGE SEATING ¡UU;A "'ILL CALL 11 X I. TENT I TA8LE 1 CHAIRS I EXT. COlt]) FRONT ENTRANCE PARKING LOT 2 10 X 111 TENT 5 TABLES . CHAIRS 1 EXT. CORD I Gt.NERA TOR CARNIVAL CROWD pl1!J\Sl!ll.t TOILETS SQC(.'ER FIELD 1 1Ox~"'ft' 6TA-BLES I. CHAIRS 2 EXT, CORD I CENltRATOaS OJ f SPONSORS 7!E Water V t:ndors CONCESSION PICNIC r:::::::J r:::::::J r:::::::J c:::::::J c::::::J c::::J T A81.JtSr:::::::J t::::::J c:::::J c::::J c:::::J c::::J ~~ +++ 10 X "TENT [Q]NPO BOOTH ~ J TABLE % CHAIR5 I EXT. COR 1 GENERA')' VENDORS ~ w..v........ ß SOCCER FIELD 2 p_bIt -..... L.~onIHtr Jock tilt... An. 1'.n........ PARKING '& Mot"-IIUU 111 X 10 TENT 1 TABLE RtId< "'011 2 CHAIRS ,~SION U SUN PONV RIDES 1.00 20.:10 TE1'ïr 6TABUtS ClllliC..k 4> CHAlR5 OFl' ARF.A 3 £XT. CORD t G1!:!UJU, TORS BACK ENTRANCE SOCCIlt PIELD 3 SOFTBALL FIELDS 0110.10- I cabla Z .1wIIn ,.....-.. PARKING 111 X 10 TENT 5 TABID . CHAIRS t EXTENSION CORD I GENERATOR Agenda Item No. 16A 18 October 12,2004 Page 17of19 Permit No. PERMIT FOR CARNIVAL EXHIBITION STATE OF FLORIDA: COUNTY OF COLLIER: WHEREAS, Peg Ruby, Special Events Coordinator, Collier County Parks and Recreation Department, has made application to the Board of County Commissioners of Collier County, Florida, for a permit to conduct the Country Jamboree Carnival; and WHEREAS, Peg Ruby, SpeciaJ Events Coordinator, Collier County Parks and Recreation Department, has presented to the Board sufficient evidence that all criteria for the issuance of a permit to conduct the Country Jamboree Carnival as set forth in Chapter 10, Article II, Amusements and Entertainments, of the Collier County Code have been satisfied and that such Country Jamboree Carnival exhibition will be conducted according to lawful requirements and conditions; and WHEREAS, said Peg Ruby, Special Events Coordinator, Collier County Parks and Recreation, has requested waivers of the Surety Bond and OccupationaJ License; NOW, THEREFORE, THIS PERMIT IS HEREBY GRANTED TO, to conduct the Country Jamboree from March I I, 12 through 13, 2005, in accordance with the terms and conditions set forth in the petitioner's application and all related documents, attached hereto and incorporated herein for the following described property: (See attached Exhibit "A") The request for waivers of the Surety Bond and Occupational License are hereby approved. WITNESS my hand as Chairman of said Board and Seal of said County, attested by the Clerk of Courts in and for said County this day of 2004 ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA: DONNA FIALA, CHAIRMAN Approved as to Form and Legal Sufficiency: Marjorie M. Student Assistant County Attorney Agenda Item No. 16A 18 October 12,2004 Page 18 of 19 Agenda Item No. 16A 18 >-3>-3 "1 ZWO 00 >-3>-3 C/) C/)Oj On:! October 12, 2004 ~@ c ~w:£ 0:<: ~@ ::c c f I:"' 00 Page 19 of 19 t"' 'dOZ I:"'Z 0 C/) ""0 01:"' 0 t"" t""t-'t'Z:I I:"'t"! 0 ~ I:'J 0 OH 1-3<: I:'J " ...." >-3<: ~ 00 H I:"' cnl-3 t"! H 0 (X) =z ['j , ~~ :;.:!Z :z t"' 0 !XI OZ C/)¡:r ~ ()~ C/)¡:r t"! 000 t"' -...Jt13 f>< h]Ht:I 1>< G:I 0\[1'1 t:I 0;:0 oÞoo:Þ' t"' I:"' ~ ;:0 Zi:'1 ....~ ~ G:I co =" -...J I:'J >-3 =;:0 t"' t-' t:I 0 co H C/) >< 0 ID 0(1) [1'1 () (I.) OC/) t-' t"' (J'1 " C/) 01-3 ;:0 0 0 0 c () X" C t"' 1-3 0 t-'Z :xl t"' ,...z ~ "" ....H H oÞo.H C 0\1-3 11; wl:'1 0\1-3 C/) Z co >-3 oÞo. 00 H W .... t-'t13 W 0 >-3 "0 0 t-'t"' "tJ 0 Q Z NO G:I 0 oÞo.ø 0 1:'1 N ~ t-' . ~ t-' 0\ W 0"1 W Z ,... N ..... G) , M 3': H oÞo. 1-3 I:"' ID :<: t"' "0 g~ ~ t-' " 0(1.) OM (X) l'J <.nM OZ ...... ~ 0 0>-3 >-3 0 0"0 -...J(J) O~ 0>-3 0" ~~ 00 01:'1 0." 01:"' 0 0 0 W>-3 (J) 0 '0 X ....0 I " 1-3 >-3 .... 1:'1 ~ W~ 0\ 'tI <: IDI:"' N::C H W>< 0 I:"' ..... ......(J) C G) "" H C/) t"' !XI ~ 0 :Þ' 0 ~ ~ ~ () () I:"' Z (I.) 0 Z 0 >-3 () ::II C/) tt1 >-3 :;0 to ::II t"" 1:'1 <: 1:'1 ::c 0 1-3 0 ;:0 t'" 0 ::II ZO t>3 ~~ "1 .,,>-3 t"'H h] t'J0 ~ C/)Z G:I :Þ' ;:0 ~ Z 0 ::II ....) ::c Exhibit "A" Agenda Item No. 16A19 October 12, 2004 Page 1 of 22 ,..--- EXECUTIVE SUMMARY Petition CARNY-2004-AR-6515, Peg Ruby, Special Events Coordinator, Collier County Parks and Recreation, requesting a permit to conduct the annual Snowfest Carnival on December 4 and 5, 2004, at the Golden Gate Community Park located at 3300 Santa Barbara Boulevard. OBJECTIVE: Peg Ruby, Special Events Coordinator, Collier County Parks and Recreation, is requesting that the Board of County Commissioners approve a permit to conduct the annual Snowfest carnival on December 4 and 5, 2004, on County owned property located at the Golden Gate Community Park at 3300 Santa Barbara Boulevard. The applicant is requesting waivers of the surety bond and occupational license. CONSIDERATIONS: ~' Peg Ruby, Special Events Coordinator, Collier County Parks and Recreation Department, has made application to the Board of County Commissioners for a permit to conduct their annual Snowfest carnival. She has presented evidence that all the criteria have been met for the issuance of this carnival permit, other than the waivers of the surety bond and occupational license. Staff does not take issue with the request for the waiver of the Surety Bond, as there have been no previous problems related to clean up of the site after the carnival. The required insurance amount of$1 ,000,000.00 has been purchased and the County named as additional insured. FISCAL IMP ACT: Approval of this petition would have no fiscal impact on the County. GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact. ZONING DEPARTMENT STAFF RECOMMENDATION: Staff recommends the Board of County Comm issioners approve the permit to conduct the annual Snowfest carnival and waive the surety bond and occupational license. PREPARED BY: Cecilia K. Martin, Planning Tech Department of Zoning and Land Development Review ,,,--. Attachments: Cover Letter/Required Back Up Addressing Checklist/Carnival Permit Department Memo Fund Transfer 1 Item Number Item Summlry Meeting Date Agenda Item No. 16A19 October 12. 2004 Page :i of 22 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A1S CÞ-,RNY-20D4.AR-6515, Peg Ruby. Spe:cia\ Events Coordinator, cotlierCounty Parks and Recreation. requesting a permit to conduct the annual Snowfest Carnival on December -4 and 5,2004, at the Golden Gate Commul,ìty Park located at 3300 Santêl Barbara Boulevard 10f12!2004 9~OO:DO AM Cecilia Martin Plønning Tech 9:2612004 10:48:31 AM Prepared By Cntn"umi1Y O ~vell)pment & En....ìronnumtal Serviceg Date Zanil\!1 & Latul O~vI~Ic.~pn)lmt Re"íl~W Sandra lea Executive Secret.ilty Date Approved By Communit~ DeV'~lopml:!lnt & Environmefltal ServÌ<:'es Comm~lOjty Dcvelopment & Ellvironmlmtul ServÍl:f!$ Admin. 9/28J2004 1: 1 e. PM Approved By Zoning & Land Development Director Date Susan Murray, AICP Community Development & Env¡ronm.mtal Sorvices Zoning & Land Development Review 1,!Jl2812004 2:49 PM Approved By Date JDSßph K. Schmìtt Cl)mrnLlnity Qevelopment & Envíronmil:lnta Servic~s Community Oe\ '~lopment & En"ironmanta Serv~ces Adminstrator Cømnl\lfIity Davdl>pnlOnt & Environme·ntal SoI!lVices Admin. 912612,0043:22 PM Chief Planner Date Approved By Ray Bellows. COInn,unìty Devirlopment & Environrnent.nl Snrvít:e'lf Zoning & Land Development Revìvw 9/28/2004 3~.37 PM Pat Lehnhard Administrative Assist,¡nt Date Approved By 01fice of ManaglMT1lUnt & Budget 9,'2~!Z00410:15 AM Mark is.acksol'l Budget Analys.t Dale County Mnnage,'s mtlCi' Approved By Office of Management & Budget 9,'30/2004 2:22 PM Mit:hael Smykowski Management & Budge'l Dir1!'cto' Oalc County Manager's Office Approved By County Manager'!!. Office Offìce of Management & Budget 9f30/20().C, 2:32 PM James V. Mudd County Manager Oat~ Approved By Board 01 CO\lnty Commlssïoners CQunty Manager's Office 9!30,f2004 5:45 PM r, Permit No. Agenda Item No. 16A19 October 12, 2004 Page 4 of 22 PERMIT FOR CARNIVAL EXHmITION STATE OF FLORIDA: COUNTY OF COLLIER: WHEREAS, Peg Ruby, Special Events Coordinator, Collier County Parks and Recreation, has made application to the Board of County Commissioners of Collier County, Florida, for a pennít to conduct the Snowfest carnival; and WHEREAS, Peg Ruby, Special Events Coordinator, Collier County Parks and Recreation, has presented to the Board sufficient evidence that all criteria for the issuance of a permit to conduct the Snowfest carnival set forth in Chapter 10, Article II, Amusements and Entertainments, of the Collier County Code have been satisfied and that such Snowfest exhibition will be conducted according to lawful requirements and conditions; and WHEREAS, said Peg Ruby, Special Events Coordinator, Collier County Parks and Recreation, has requested waivers of the Surety Bond and Occupational License; NOW, TIffiREFORE, TIllS PERMIT IS HEREBY GRANTED TO Peg Ruby, Special Events Coordinantor, Collier County Parks and Recreation, to conduct the Snowfest carnival from December 4 through 5, 2004, in accordance with the tenns and conditions set forth in the petitioner's application and all related documents, attached hereto and incorporated herein for the following described property: (See attached Exhibit "A") The request for waivers of the Surety Bond and Occupational License are hereby approved. WI1NESS my hand as Chainnan of said Board and Seal of said County, attested by the Clerk of Courts in and for said County this day of 2004. AITEST: DWIGHT E. BROCK. CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA; DONNA FIALA, CHAIRMAN Approved as to F onn and Legal Sufficiency: ~'~ r jode M. ent Assistant County Attorney r~ FOLIO NBR 0000000296200009 PARENT PARCEL 0000000000000000 BLOCK BLDG LOT UNIT RANGE TWP SECT STRAP 001 .003 26 49 33 492633 001.003483 MILL AREA 31 TOTAL 3S.00 ACSC USE CODE 86 CLASS CODE o SHORT LEGAL 33 49 26 COMH NW CNR SEC 33, N 87 DEG E 110.07FT TO POB, CONT N 87 DEG E 2086.03FT, S 70S. 13FT, W 200FT, SWLY OWNER NAME COLLIER CNTY OWNER ADDRESS 3301 TAMIAMI TRL E NAPLES, FL01COX 341124961 FULL LEGAL DESCRIPTION 33 49 26 COMH NW CNR SEC 33, N 87 DEG E 110.07FT TO POB, CONT N 87 DEG E 2086.03FT, S 70S.13FT, W 200FT, SWLY AC OR 1056 PG 1374 XTRA LGL CNT 6 PREVIOUS OWNER COLLIER COUNTY Exhibit "AM HDR REF FLAG Agenda Item No. 16A 19 October 12, 2004 Page 5 of 22 -~-- ... -...- . ~'_~'''''n~_~~_~...~..._.__.. ... ._. ....~ ...... __......."....__....._..,._ . ._............___"......__......_.._.._.___......._......_ Agenda Item No. 16A 19 October 12, 2004 Page 6 of 22 COLLIER COUN1Y DMSION OF PUBliC SERVICES Parks and Recreation Department 3300 Sanla Barbara Boulevard · Naples, FIo1ich 34116 · (239) 353..0404 . FAX (239) 353.1002 Website: colliergov.net September IS. 2004 Susan Murray, Current Planning Manager Planning Services 2800 North Horseshoe Drive Naples, FL 341 03 CARNY -04.AR-6515 SnoWfest Dear Susan: The COlUer County Parks and Recreation Department is applying for carnival permits for the foUowing events. Tolve Presentations Inc. exceeds the one miJIion dollar insurance policy and has named The Board of Collier County Commissioners as additional insured. We are requesting waivers of the Surety Bond and Occupational License for thìs event. If you have any questions please contact me at (239) 353-0404. Please charge the $ 275.00 fees to 1 I 1- I 5634 1-649990 I . October Fest Golden Gate Community Center 4701 Golden Gate Parkway, Naples, FL 34-1 J 6 October 22 - 24, 2004- Friday - 6:00pm - I 0:00pm Saturday" 2:00pm - I 0:00pm; Sunday- J 2:00pm - 5:00pm 2. Fall Fest Eagle Lakes Community Park J 1565 Tamiami Trail East, Naples, FL 34113 Ocrober 28 - 31, 2004- Friday - 6:00 - 10:00pm Saturday - 12:00 - J 0:00pm Sunday - 12:00pm - 5;oopm c .. f~t a - c '" Ie .. e y - ~~:;~¡I~¡~;.;;.~E~r~~~~J\)~)jit~¡;~~i.~j~I~~;It~t~ti~Š!·t~¥ël:tt; - .,~.........." _._ .....__............ ._...._ .........._..._._.._........ ..:....~;.__....._.. ."':;:,1.. _. ... ~_...-...----_:._.~..~_._.....-.~....._-..-..........---. __ ......:............,,_.._.¡,.........__....~____._...__.~.......w._;...;._..-;:;.......·..._'.--""- ......: - ".;.,: . Agenda Item·Ño~··1'6Ã19 October 12, 2004 Page 7 of 22 3. Snowfest Golden Gate community Park 3300 Santa Barbara Blvd., Naples, FL 34116 December4-5,2004 Saturday - 1 0:00am - 5:00pm sunday· 12:oopm - 5:00pm 5. Country Jam vineyards Community Park 623 I Arbor Blvd., Naples, FL 34119 March 11 - 13, 2005 Friday - 6:00pm - 1 0:00pm Saturday, 2:00pm· lo:oopm Sunday, I 2:00pm - 6:00pm If you have any questions. please contact me at 353-0404. Thank you for your assistance. Sincerely . ~ub~ Events coordinator Collier County parks and Recreation ~:f~:~:rf~:f:;~¿<~f:;~iff:~~ifJ~;>~;;;;~~~·:[.~Qi&';*ffI~~~ ..- ~ß"-"· ~ .~. . ':,... ',. ':' ": ~.. " ., -- .~ Agenda Item No. 16A19 October 12, 2004 Page 8 of 22 Not all items : .). ,,;' J. Legal description of subject property or propertie~s (copy of lengthy description may be :,-" . a1tacheå). ~ 6o.:J:L CD · . t _ p Q,-(" ~ \.:' ':¡ :,.., - L¡.~ ~ <:. <;. . 2. Folio (Property ID) number(s) of above (attach to, or associate with, legal description if more than one) _ OD'Z-"~2.00ooq , 1 l 3. .... 4~.;"L~:«Q,n.ma.p, showing .e~act }oc~tion of project/site in relation to nearest public road right- of-way (attach) .. ·'_·C"·H'''" 5. Copy of survey (NEEDED ONLY FOR UNPLA TIED PROPERTIES) 6. Proposed project name (if applicable) 7. Proposed Street names (if applicable) CARNY -04·AR-6515 Snowfest 8. Site Development Plan Number (FOR EXISTING PROmCTS/STIES ONLY) SDP 9. Petition Typc- (Complete a separate Addressing Checklist for each Petition Type) DSDP (Site Development Plan) 0 PPL (Plans & Plat Review) o SDPA (SDP Amendment) 0 PSP (Preliminary Subdivision Plat) o SDPI (SDP Insubstantial Change) 0 FP,¡ (Final Plat) o SIP (Site hnprovement Plan) 0 r.tiA (Lot Line Adjustment) o SIP A (SIP Amendment) 0 BL (Blasting Permit) o SNR (Street Name Change) 0 ROW (Ríght-Qf-Way Permit) o VegetationfExotic (Veg. Removal Permits) 0 EXP (Excavation Permit) o Land Use Petition (Variance, Conditional use,D VRSFP (Veg. Removal & SíteFill Permit) Boat Dock Ext., RezoI).l; POO rezQnerçtt:J æ: Other - Describe: .LH^r () \~ 10. Project or development names proposed for, or already appearing in, condominium documents (if. applicable; indicate whether proposed or existing) 11. Please Check One: 0 Checklist À t e F e1 Back 0 Per~o~py Picked Up ()(? 0 '1 12. Applicant Name .' \.1,. Phone ~ OO(}-(Fax:¿j:;)-jO ~ 13. Signature on Addressing Checklist does t. const t te Project and/or Street Name approval and is subject to further review by the Addressing Section, FOR STAFF USE ONLY Primary Number G ß 10 Address Number Address Number Address Number RECEf\lED .'~,....,. .. Approved by Date INVOICE BOARD OF ·COUNTV COMMISSIONERS COL.LIER COUNTY COURTHOUSE COMPlEX NAPLES, FLORIDA 34112 Agenda Item No. 16A 19 October 12, 2004 Page 9·of 22 Date: No. 43678 qlck:Jl~ . I . ADC NO. Invoice: TO: W(iff (~f\-f;: 6iVi~l»\ ðf~bll,-SJS ~~~ l~f)~ bt.p-+: 3.~Q() ,Sc,rrk-t. 6a~b:f~ 6hJ~_· N~4-~L£.· ê1--Ufln Applic. P.O. No.: ~~~~~;~. Due AND PAYABLE UPON RECEIPT . (SOAAQ DEPARTMENTS ONLY« CHARG.es EXPENs!D UPON RECEIPT ÖF YEll.OW COPY IN FINANCE). DESCRIPTION . AMOUNT . It TOTAL AMOUNT $ t 'c:t::>. CCJ _ __ _ _ ~,. _ ... _ .... _. ." ~. .... .~. _ _ .._ ._ _ _ _..... ~ ." _ ... ._ .. _ _ _ _ ." _ .... _ _ .._ _ .._ ._ ... _ _ _ .. .. .. __ _ _ _ _ ._ _ _ _ _ .. _ "Y _ ~ _. _ _ _... _ _ _. _ _ ....~.. _ . _ _ _ _ ~ w _ _ _ _ _ _ _ _ _ -. _ -- MAXE CHECKS PAVABLE TO: COLLIER COUNTY BOARD OF COUNTY COMMtSSIONERS DETACH AND MAIL THIS PORTION WITH YOUR CHECK TO: FINANCE DEPARTMENT BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY COURTHOUSE COMPLEX NAPLES, FLORIDA 34112 REVENUE ACCOU..r COST ceNTER OBJ.fREV. COOE Invoice: No. 43678 Amt. Enc(,: ,. . EXPENDITURE ACCOUNT COST CENTER OBJJEXP. CODE kf I ~'-fqq'10 AIR No.: FUND ,..í r \ rOAM 8..· ".. 'O"rftaAaltlt .........n"" NOTE: Please read reverse síde before completing this Petítion. Agenda Item No. 16A 19 CARNY"'()4-AR-6515 October 12, 2004 SnOWfest Page 10 of 22 ø CARNIVAL OPERATION PETITION PETITION NO. DA TE: Sf a'/04 TELEPHONE: (.30S) q ;$- 82t./C t / . PETITIONER~'S E-MAIL ADDRESS: NI8 FAX#(201) Q33-Sß.S1 I PROPERTY OWNER'S NAME: ca~~~R.trß"TELEPHONEl2~) .is'3- 04a.$ PROPERTYOWNER'SADDRESS:33N'1 ~ ~ S/tJd.S, PL S<¡Ub OWNERS'S E-MAIL ADDRESS: ~rll.~ f) C'Olb·....jD'1 nef. FAXÓ!C;) ,3g....¡OO2 LEGAL DESCRlTPION OF SUBJECT PROPERTY: bÐlåen ~~ 'fu..ib£L GENERALWCATION: <33oÒ-~ B.trk¡~ BlIIid CURRENT ZONING: NATURE OF PETITION: THE FOLLOWING INFORMATION IS INCLUDED IN THIS PETITION. (FOR E:XPLANATION, SEE NEXT PAGE.) 3.8. t/ 3.e.I) a/ 3.e.4) V" 3.e.7) V 3.b. / 3.e.2) ./ t/ 3.e.S) t/ 3.e.5)__ 3.e. / 3.e.3) ~ 3.e.6) ./' 3.e.9) ./ 3.d. V Comments: ~~ SIGNAT OF PETI ER DATE REVIEWED by Board of County Commissioners: Approved: 0 Disapproved: 0 Conditions of Approval:___. SIGNA TIJRE OF COUNTY ADMINISTRATOR -.- -- ,_.. .. .. ~ .. ... .~.~ . 1""\\",1\0,01 ...... cooo...,......... -- -.- ..... ./ ~ '. .' Agenda Item No. 16A19 October 12, 2004 Page 11 of 22 .' .._-~. =- e_ . ~--_....----------.;... -- I I , \ I \ t \ I jl 1 i ~ !~ :AI I"ß .~ . I c · I >. ,.. \ fj' no. III \ ~ ( I I I U , ¡ I f > t L· ___ l III 'IS~ '~6 ,ß;;¡ . .11 ~~ ~ '. 'IS ¡~ ¡ß ci ~". oe;VONStl\R( QOVltVAno ----- . . 'iOP - t~ . "I.: 'x ~G\i\ _Þù ~~\{) ~ .~.. Q.1lI11/J /II) VI//¡ìlllìlllllliti (j/11111111111I1111I11I11/l/'ù' ~~ &\_~~~ '~I#Æ f7ÆWW~!IIIíJ ~~~ l\~~~~~~~" .. .~ ~hW$'IøWIIIÆJ {J~~~ ~~~\O r~ . .~ . i ~ t I 1'1 ~ I 1 ... i~~ tßœ d~ .;JI. '11 ,t r: ia~ .; . .fUltll ~tHtHHHHtt_ . . . - ---- '-- -E E=- - '. ** TOTAL PAGE .03 ** (i) Agenda Item No. 16A 19 October 12,2004 Page 12 of 22 INDIVIDUAL BOOTH NOTIFICATION I<'ORM .FOR TEMPORARY EVENTS Name of Event:_--.Sncx.u.{e:;jf- 2aJL NameofBooth,---JõJut ~Ø1.Itl¡P¡y'p¡(D:IIo1 ~ Person in Charge of Booth: ~ Jl>J~ Types of Food or Beverage to be Served: . CO Florida Administrative Code, Chapter lOD-13 requires all food to come from an approved source. All (ood storage, preparation and utensil cleaning for this event shall not be done in private homes. Location of advanced food preparation:-.Slllf ConJt:;t..·ni~ -trtÂiÚJrS How will food be transported to event location? ~nød -f1?;'¡(1l r.:5 Method of keeping food bot and/or cold at event site: Stir {I ~ nttl LJ n Íf5 Method of cooking food at the location: (~ ì Y) Sø If? t' (y('¡/c",'rod UJY) I~. Food must be protected from dust, insects, tues, coughs, sneezes. How will you provide tbis protection? Describe type of structure:-Al1 fa:xJ. ,'S (()(ii!.t:l2t1., If') <;;e1£.CœJJr:,jrrr) Ur>(~ . Adequate facilities and supplies sball be provided for employee handwasbing. How will you provid£ 'his? Sat1f i. JJm:", tXid- týl1ll4~ lAokr For Information and Assistance contact: Environmental Health & Engineering Department - (941) 403-2499 Agenda Item No. 16A 19 October 12, 2004 Page 13 of 22 Failure to comply with applicable food service requirements in accordance with Chapter lOD-13, Florida Administrative Code, may result in enforcement action. Do you understand this completely? YES u( NO 0 I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibility for this establishment and I certify that said business will be conducted in compliance with the F10rida Administrative Code, Chapter lOD·13. Slgnatur~PIi~ Date: 8/31 If) 'I , , CARNIVAL PETmON APPLICA TIONI INDIVIDUAL BOOTH NOTIFlCA.TION FORM FOR TEMPORARY eVENTS -...-- (i) Agenda Item No. 16A 19 October 12, 2004 Page 14 of 22 SPONSOR NOTlFICA TION FORM FOR TEMPORARY EVENTS Name of Event: Address of Event: Date(s) of Event: Sponsor of Event: Address of Sponsor: Person in Charge of Food Service: SJe..i.1J/YI wi æ Phone:~q Number of Food and Beverage Booths: ...:3 Estimated number 01 attendees expected at the event at one time? Iql)C){}' Number of toilets to be provided: Portable: Permanent: Male ('0) Male (5 ) Female (~O) Female ( 5 ) Method of toilet waste disposal: ~ ~p1ntj Describe method of liquid kitchen waste disposal: ~ ~ ~rrt' Describe containers and method of solid waste disposal (garbage): (JXl~ ~~ &:.fm¡:Bb2rL, Number of solid waste disposal containers provided: ,;¡ Describe facilities and method of handwashing:--l:Iactf: C1I'd. 00t:::i Y-(J h fJJ ~ -~~~~ Describe faciJities and method of utcnsil wasmng. rinsing and sanitizing: ~i.ca:J ~Qb-~ ~ Source of potable water: For Information and Assistance, contact: Environmcntal Health & Engineering Department - (941) 403-2499 Agenda Item No. 16A19 October 12,2004 Page 15 of 22 As the sponsor of this event you are responsible to notify all food vendors of the temporary food service requirements. Failure to comply may subject the booths to be closed for public health reasons. Do you understand this completely? YES .!if NoD I certify that to the best of my knowledge and belief aU of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. [agree to assume responsibility for tbis establishment and I certify that said business will be conduded in compliance with the Florida Administrative Code, Chapter lOD·13. Sigøarore .~f::tt Date: 8/'31/0t.f , , CARNIVAL PETITION APPLICA. TIONI SPONSOR NOTlFICA TlON FORM FOR TEMPORARY EVENTS ~-~""'. _A_LJ.~_3! 20~~~.:}~~M_ HP LASER JET FAX ~."t Agenda Item No. 16A 19 ~ FL 33706 LIABILITY IN RA CE P gee~. 3'f7Ö4' nc THIS CERT1FICATE IS ISSUED AS A MATTER OF INFORMA 'nON ON I. Y AND CONFERS NO RlGHT8 UPON THE CERT1FIC.A TE HOL.DBR. nus CERTJFICA TE DOES NOT AMEND. EXTEND OR INIUI!D Tolve PresentatJ.ons, Inc. DBA: Third Generation 8628 Constitution Drive Homestead FL 33034 NAIÇ-'__ THE POlICIES OF INSURANCE LISTED BROW HAVE BEEN ISSUED 10 TH£ INSUREÐ NAMEDNJiCNE FOR THE PCUCV PERIOD INDlCATEn. NO'1"W(THSTANCfNQ AHV REQUIREMENT. TERMOR CONDJt1C1t4 OF AN'fCONTRACf OR OTHER OOCUIIiENTIIIITH RESPECT TO VHCH THIS CE~TE MAY BE ISSUED OR MAY PERr~E INSUAAHCENTORDED BY 'DiE POUCIES œSCRIBED HUEIN IS $UBJECT TOÞLI. "mE TI!fW8. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. EGATE UMI'TS SHO\MI/ PlAY HÞ.'It'E BeEN REOUCEO BY PAID CLAIMS. _' ..... AIID1 .". r::r Nuu.JI ,CILICN "'f'lCnw ..oucv 01'_ 'ftOIj .....,. ~I.WIIU'IY =,~ENŒ · 1,000,000 , X COMIII!ItCIAl CEtlEllÁL L~L 'IY M-4MF2582 04/1.7/04 04/17/05 AI!NT1!D 50,000 · ì C1AIIoIS UAœ [!] CXX:U1t. U"D · -- "'~-..., &o\DVlHJ\JRV · l,OOO,ooo GI!NI!JW. AGIIIŒClA11! ',10,000,000 -SÆ!jAGGn~rrÞ.nER: I'IIOCUCTI· COlI I'lOl' NilS , 1,000,000 -ICY e ''''' ~Uo\ILJTY CONBlNSI S.....I! UNIT · (I!.~ - /l#iY AUI'O ~- - àU. CMNEO...uroe I!IOaL y IIoIAJRI' SCI1ImUI.EO to\U'I'œ (ptt~ · - - HIRED Al,lTOI IIOQLY INAI~ IPWIIOIIIØ.... t - ~.wroe - - --"----- PIkI"IRrI' 00'MA0I! t t--1nQ _UMaJTY AIIlO ONLY -1AACC1O€HT · q AH't' AUTO Ql'HER ttIAH !A w::c . AUTO OIiL Y: AGQ · 1IIICI!I&IuIiI~ IMIIIUTY M4XF2583 04/17/04 04/17/05 IiI'Ø1 oc · 1,000.000 :A !J 0CCUfII 0 Q.AIMI MAO€ ,u t'.....,.....,.., '" · 1,000,000 I =1 ~aL£ · ~ ..--........ . -- · WCIRJCIRI ~11QN AND I,WOSTÀT~ I ICW" 1Mr\..O¥'.... UUlJTY EL. "..,,'" """"ŒNT _ PMOf'IIIE'T'OAIPNITNEIllEXECUT1\I£ I ~_eI'tEItCUJDED't E.L. __-EAEMI'L.CM!£ , ~m:.~--~'" I!.L.DlRAIII!- · ~ DEICM'nCIt OF Olll!lllo11DlllI U)CA1IQNI \IIIIIICU!I'DeI.I*O!Il AIIIICII... INIO..-T ~ ,,~. EFFECTIVE FROM 12/04/04 THROUGH 12/05/04. BOARD OF COUNTY COMMISIONBRS IS LISTED AS ADDITIONAL INSURED AS RESPECTS TO THE OPERATION OF THB NAMED INSURED ONLY. EVENT: SNOWFEST. LOCATION OF EVENT: GOLDEN GATE COMMUNITY PARK. BOARD OF COUNTY COMMISSIONERS 3301 TAMIAMI TRAIL EAST NAPLES FL 34112 IllDULD AIf'( OF 'Dœ -"'1M! ~.. ..OUCI&I" CWlCILLID I!FORI! 1MI! DPIIIA'IIOM DAn '"'..~, 'TIll! IIII.INO INIIUUiI WLLSIIIU.VOR 10 MIL ..J.Q.. DIIoYSWIVTTÞI IIcnlCln:I,...c.nFICAtI! ÞU)UII!R NAWID TO 1*:LIFT, I&1T 'ALUtlœTOOO ~ IIW.\. .,0Ie 110 ClUQATIOft 011 LNILITY 01'''''' KMlIIPOH '!IiI! IlItIllUI", ria IICIIHTIOft AUTHOMlSD ~ATM! C> ACORD C T10N 1988 ACORD 25 (2001108) Agenda Item No. 16A 19 October 12, 2004 Page 17 of 22 COTJJER COUNlY DMSION OF PUBIlC SERVICES Parks and Recreation Department 3300 Santa Barbara Boulevard. Naples, Florida 34116 · (239) 353...0404 · FAX (239) 353-1(!02 Website: colliergov.net August 3 1 . 2004 Bill Sylvester Fire Marshall Golden Gate Fire Department BY FAX: (239) 348-7546 Dear Bill: The Collier County parks and Recreation Department would like to inform you of the dates of our upcoming special events. october Fest will be held at the Golden Gate community Center on Friday, OCtober 22 .23.2004. Friday hours will be 6:00pm· 1 0:00pm and Saturday witl be 1 2:00pm - lo:ooprn. snowfest will be held at the Golden Gate Comrnunity Park, 3300 Santa Barbara Boulevard. Naples, FL on Saturday, December 4.2004 from 10:00 am· 5:00 pm. The carnival will remain open on Sunday, Decernber 5th from 1 2:00pm - 5:00pm. We are applying for carnival Permits through Collier County Development Services. The permits require us to get a letter from the Fire Inspector of the district, stating you are aware of the events and will take necessary provision for Fire Safety. Please fax the letter to 353- 1002 and send the original to 3300 Santa Barbara Blvd. Naples, FL 34116. If you have any questions please contact me at (239) 353-0404. Thank you for your assistance. Sincerely. ~~ peg Ruby, special Events Coordinator Coliier County parks and Recreation c o I~~ r c o ... .. .)! -,-~'- Agenda Item No. 16A 19 October 12, 2004 Page 18 of 22 GOLDEN GATE FIRE CONTROL & RESCUE DISTRICT 4741 GOLDEN GATE PARKWAY · NAPLES, FLORIDA 34116-6901 (239) 348-7540· FAX (239) 348-7546 September 07. 2004 Peg Ruby Special Event Coordinator Collier County Public Services Parks and Recreation Department 3300 Santa Barbara Blvd Naples, FL 34 I 16 Subject; Special Events in Golden Gate Dear Mrs. Ruby: Thank: you. for your letter infonning the Golden Gate Fire District of your plans to hold the October Fest and Snow Fest in our District Prior to their opening the Fire District will require inspections of these events. Please let this letter serve as confonna.tÎon that we have been notified of your intent to have these special events. If you have any questions. please feel free contact me at (239) 348-7540. Sincerely. ~(/Æ'/zL/ William T. Silvester Fire Marshal RECEIVED [ ~EP -1 0 ~ I L__ PÞ !;r,;;t::) ,;\. ~~~CREATlON F;\UsersISIL VESTE\wodc\PRCCPandR090704.doc; Agenda Item No. 16A 19 October 12, 2004 Page 19 of 22 COlliER COUNlY DMSION OF PUBUC SERVICES 1ì1tks and Recreation Department 3300 Santa Barbara Boulevard · Naples, Plorida 34116 · (239) 353-0404 · FAX (239) 353-1002 Websíte: coll1ergov.net August 31 . 2004 Collier County Sheriff's Office Mike Jones 330 I Tamiami Trail E. BIdg. J Naples, FL 34 I 12 BY FAX: (239) 793-9168 DE'.-ar Mr. Jones: The CoUler County parks and Recreation Department is requesting the Collier County Sheriffs Office to provide Certified Oeputies for the following special events listed below. The number of deputies wilJ be determined in the near future. We are applying for Carnival Permits through Collier County oevelopment Services. The permits requires us to get a.letter front the Collier County Sheriffs Office, stating you are aware of the events and will take necessary provisions for safety. please fax the letter to 353- 1002 and send the original to 3300 Santa Barbara Blvd. Naples, FL 34116. i. October Fest Golden Gate Community Center 4701 Golden Gate Parkway. Naples. FL 34 I 16 October 22 . 24. 2004 Friday· 6:00pm - 1 0:00pm Saturday - 2:00pm - 1 o:OOpm~ Sunday- 12:00pm· 5:00pm 2. Fall Fest Eagle Lakes Community Park 1 1565 Tamiami Trail East. Naples, FL 341 13 October 29 - 31 , 2004 Friday - 6:00 - 1 0:00pm Saturday - 12:00 - 1 0:00pm sunday· 1 2:00pm . 5:00pm c; " ~.. ("7ì"t"~ .. y c .. ... y --~-- ~,<- 3. ' Snowfest Golden Gate Community Park 3300 Santa Barbara Blvd., Naples, FL 34116 December 4 - 5, 2004 Saturday - J 0:00am· 5:00pm Sunday. 12:00pm . 5:00pm 5. Country Jam Vineyards Community Park 623 J Arbor Blvd.. NapJes, FL 34 J I 9 March J I - J 3, 2005 Friday. 6:00pm. 10:0Opm Saturday. 2:00pm· 1 0:00pm Sunday, J2:00pm. 6:00pm If you have any questiqos please Contact me at (239)353..()404. Thanks for YOur aSSistance, Sincerely. (JJ!A J7Åà ~ Peg ~Ub~.- S~~cQl Events Coordinator Comer County Parks and Recreation Agenda Item No. 16A 19 October 12, 2004 Page 20 of 22 ,- ,.'" '. fèbtriff Agenda Item No. 16A 19 October 12, 2004 Page 21 of 22 DON HUNTER · COWER COUNTY 3301 Tamoami Trail East, B1dg - J, Naples, Fl34112-4902 {239) 174.4434 1NWw,collie1Sh.rift,orç September 13, 2004 TO: Whom it may concern: FROM: Sg1. Mike Jones, Special Services The Collier County Parks and Recreation Department has requested that the Collier County Sheriffs Office to provide Certified Deputies for the special events listed below. This memo serves as notice that the Collier County Sheriff's Office is aware of these events and will take necessary provisions for safety. 1. October Fest 2. FaD Fest '3. Snowfest 4. Country Jam October 22 - 24, 2004 October 29 - 31, 2004 December 4 - 5, 2004 March 11 - 13, 2005 Sincerely . 31 wut~' Sgt. Mike Jones Special Services Collier County Sheriff's Office RECEIVED SEP \ ~ 200't p~RKS & RECREATION - "The duty 01 the Collier County Shentf'S Office is to pre_e and protect 111 the lives, property and constitutional guarantees of all persons: ~ ~-- ····~~il~~.~;~:(~~~·~>bf~·.;·.,}l{\··@'!,i,... ".,:: Vendor Entrance Aquatic &. Fltltts. Colriple:r '.t1t~i~{I!~{~Æ~~~~;~~~~~~:·:;Þ~~~5~~m:t;;r:f';ií;~~~~gi ":.,~_:> ;.\ .:.. ': II:; .¡; ~~.~I.~. :: . ;..,~. ," ~~ . 'I" ,~,,,",,!:,J::[~t:..'í:t':)." ... "H\",' "~'" ~vj!......~ 'a.:...J¡.I~.' . : "~'. ' ..:, .}tlt L"V;- '".\ . '. ,.'.:.. .;~...: .... ,'. ~'-~rkJDi'L9* -.' f.. ······-~.Fi·;'j·~:·~j;¡i~JJtl·'};'~~Ê~~JG:·;S~Ú;;':: :: "".' :. .. ~ ::~~~~~!;~r:.:·.F.) ". . :~. "; '>::; ",'.;f" ,;. "~' ~ :.. ~:. . '.'.: ..<j~~~."'.~ :, .-". ,.," .':' .' .,"'.. " :::1: '; -" ':.':"~".~;" :~¿,:{~ ~I'~:1~~~*;lt~f~~f,t,:"~'~~¡ EXECUTIVE SUMMARY Agenda Item No, 16A20 October 12, 2004 Page 1 of 3 ~ Recommendation to approve final acceptance of water and sewer utility facilities for Indigo Lakes. Unit 5 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 Indigo Lakes, Unit 5 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 March 14, 2003. Final Acceptance is in accordance with Ordinance 2004-31 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), submitted with the Subdivision bond may be reduced by 1 0% for the utility related items that have been satisfactorily completed. 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 Indigo Lakes, Unit 5, and release the UPS to the Project Engineer or the Developer's designated agent PREPARED BY: Tonia Leavitt, Engineering Technician ~ Item Number Item Summlry Meeting Dat. Approved By Thotnas E. Kuçk, P.E, Cømmuníty Development & EnvirUluYlf!"til.l Service" Agenda Item NQ. 16A20 October 12, 2004 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A20 Recommendation to approve final acceptance of water and .sewer utility facilities for !ndìgo Lakes, Uni1 5 10112/2U04 9:00:00 AM CCES Enginaeríng Serviceu Director Date COES Engineering Servíces. 9'22/2:00.4 9:29 AM SmphRII L. N¡.OY Wastllwillb!1' Collu<:1lcln¡;' Mi1n;agflf D.to! Approved By Public Utili tier. Wastt'lW.n4'lr ef22/:l004 1 :32 PM Purn!! ¡ ( UbbV Water OperiltiørtSl MIII11t9 ~r D"'. Approved By Public Utilities Water 9122120041:&6 PM J05lllph a. Cheatham WasttlWRtl!r Olrtretor Oftte Approved By Public Utilítju~; WutnWatttr Trfl*tlnent 9/22/2004 2:04 PM Paul MatUusch Water Director D.... Appro..d By Public Utihticn. Wlltrllr 9/22/2004 2:07 PM Roy a. Auders.on, P .E, Publí(~ Utilítiea Engineering Director Date Approved By Public Uti!ilie5 Public Utilltier. Engineering 9/27/2004 3:14 PM Sandra LnG EXCtCutjI(If'SUCr4!ti,ry Dalo Approved By ConunUlljtv D4!Vel() >ment &. EnllironJI11M11.u! Smvil:tI1; Cmnmunjty Ot!v(! opmmlt & En\lirulH11Mto,1 S..rvi.::I.'!!~ AdmÎn. 9129/20043:.53 AM Approved By D&te Jo~ul~lh K. S¡:hnlitt community Ocrvl!tlopfmrnt 3. EnvironmenUlISöfVlP8S Community Dl!:\(etopment & Environment_¡ Servh;es Adminstrator Community Dp'v(Tlopmont & Environmental SlI'rvlc.es .Admin. 9/2912004 9:01 PM Pat Lehnhard Adminjntratìve Autl\.tant Date Approved By County Manager's; Office Office of M.n.gement & Budget 9/301~0" 8:06 AM Rllndy Gnwnw.ld Managlllnmn1JOud J1?-1: An.dyøt Dal'(\' Approved By county Managll'r's Office Oft'ic.eo or Mien_Dement & BUdgel 91301200<4 1 :21 PM Buduut An.lYllt thrtø Approved Qy MUlk 1~lu~kJiøn County Mjln.ger'ç Office Office of Manlllgelnent ,& Budgøt 9/30/2004 2::3" PM Mi..:hilftl SmykowAkl MHI1Quement & Budgiflt Dl'l'ctor IJErté Approved By County Mml_gclr't; Offil)~1 Otfl(:e ()1 M ¡n¡.fJt!IYion1 &. Budnnt 9130/2004 2:45PM Jame$ V, Mudd County Manager Dale Approved By Bonrd of County Commis...ianer.t COUI1ty M;¡nager's Office S/30/2na.4 6:05 PM "_..,,,,>-~.. 0'<;tC") C'l0.... «00 ""C'lC") ,.... . . C'I 0> 0"- OJ Z,-CC O>Q.. 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'----~- ~ -!I-- rnlllll 111¡nn mm ~ a!~c= 0 III II rT I I ~ä= ~ ~ ~ I""-iLJJ llL I::::::r)== L R - 11- \. T ,I If II1I ~ S:= T T 11111I:J T I I I I T~ ~ 0>= ~ I ,,>On I 'TII I! I I Y ~I I .I- = (5 1--_ rTT1 I-- II" 11i- I, ~ t: ~ ~ "' ~ z ~ ¡¡; s- 31't:1S OJ. ..ON / - ~ III e j . E. ~ ". ~ ~ ~ ¡ ~ - .- ~ ~.. ~~ i ~~ ¡ ~ I i i ~! ~! ~{t L "å ~!...J . . I ~ ~ = 5. I ! I~ s ~" . ~ ~ ~ ~ >§ 11" ~ N~" ~ : N ~/ I· ~~ ~~ ~ ¡ h: ~ g g 5~ ~ ~ s i ¡~ ¡ if , aw~ IlØmoo '_YO , ~ T -. - ~~ al! Ii ~ ¡! ~ . s' ~ ~L 5. I . " ~ V> ~ ~ ;:; I~ ~ ", R 0 ~. ~ ~... . -- ~~t\ I ~ 1 i ~~ i -- s ~ """""30m" ~~ l ~ S I 1110:15111 .i ~ - [J ~i ~ !rn Ii! ! rn ~ ~~~ ~ f ~ l ~ ~ ~ !! :¡ i ~~~ 'oIÒ-¡'¿ ::T"1-.f" N . ~5~ ~ r- ii~ ~ - L-- ï E~ I ~ ~~ f-Z I - Uo awAalOOl H¥ÐO"I w- ...,~ I~ I °u i g a:o O-..J ~; -~ t- I~~ n ~ ¡¡ ~ ¡ ~ i! ~ I Ð , ~I ~~ ~. ~ ~ ~i s ~ r7- NDJ.OJrlijNAA ¡ ....-U'l'.LIAf&LNI --ð ~ sn"'l: ....Wl.PnJ:! . .i'K>D """'" ,,'w.., 7h ow ~ ''''' ~ ~ 10 .~ .J - SOal'll.l.]/IWI. t'" ": n.. « ~ I.LJ t- - en ~ ~ ~ I ~ I a.. « ~ z o I- « U o -.J Agenda Item No. 16A21 October 12,2004 Page 1 of 5 ,~ EXECUTIVE SUMMARY Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of "Ibis Cove Phase 2A". The roadway and drainage improvements will be privately maintained OBJECTIVE: To grant final approval of the infrastructure improvements associated with that subdivision known as "Ibis Cove Phase 2A" CONSIDERATIONS: 1. On June 3, 2002, the Board of County Commissioners granted preliminary acceptance of the roadway and drainage improvements in "Ibis Cove Phase 2A". r-- 2. The roadway and drainage improvements will be maintained by the project's homeowners association. 3. The required improvements have been constructed in accordance with the Land Development Code. The Engineering Services Department has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. 5, This Executive Summary has been reviewed and approved by the Transportation Services Division, FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. GROWTH MANAGEMENT IMPACT: There is no growth management impact. ,r- Executive Summary Ibis Cove Phase 2A Page 2 Agenda Item No. 16A21 October 12, 2004 Page 2 of 5 STAFF RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway and drainage improvements in "Ibis Cove Phase 2A" and release the maintenance security, 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department Item Number Item summary Meeting Olio Agenda Item No. 16A21 October 12. 2004 Page 3 eft 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A21 RecommendaHol1 to grant final approval of the roadway (private) and draInage improvements for the 11na\ plat or "Ibis Cove Phase 2A" The roadway and drainage improvements will be privately maintained 10!12/200~ 9:00:00 AM John Houldswarth Sl!'nìor Engine"r 9/29/2D0411:2G:H. AM Prepared By ComnJlmity Devaloprnnnt ... Environmental Services Dote Enuinel'l:rin9 S.trvj<a!$ Approved By Executive Secr.t;sry D... Sandra Lea Comrnunity Dtt'llelDpm~nt & Envíronmontilll ServìcH CammUfJlty C'lr.valoprmmt & ElJl,/ironrl'let1tül Se,vil:mi Admín. 9/2.9/200412:57 PM Approved By CDes Enginœering Services¡ Director D... Thom.s E. Kuck, P.E. Community Developm.nt & Enllironmlllntal Servicu CDES Engineering Services 9/30/2004 ~:10 AM Approved By Dale Joseph K. Schn\ìtt Con"nunity Ottve.-It,!unfll'tt &. Environmental Services Cnnlmunlty Dlllvtt>lapmlllnl & Envlronment..,1 $ftrvl<;ift,t A~mjnstrator C(HI,nllUlfty Dnvulof)nlont 8. Enl,/ironmlHl'.( Service5 Admin. 9/3012.004 5:34 PM Approved By AdlYJinistrl!litive A!l.si5tant Dak! Pat Lehnhard (;uunty M~na!ll.!:r':f, Otfic:~ OfficI! of Mnnllg~IJI'ent... BUlf~.t 10/112U0.4 9:01> AM Mark luc.kson Budget An..I}'.t D te Approved By CO\lnLy Manager'! ; 01ti,;¡~ on¡r:I~ of MftnalÇJomcnf, & Budget 10,,,i200.4 11:01 AM Michael Smykow!Iokì Manag8tm1nt & Budget Director Date Approved By County M.nager's Ofrice Office of Manag{!ment & Budget 10/4/200412:14 PM JahUl$ V. Mudd Dalbt Approved By Bonrd of County Cumn,is...ionen. c.ounty Munuunt . County M8nagnt'I> Officer 10/4/20047:28 PM - ...... ...,. l!) NO,,- «00 (DN...,. ..... - ,N( ) 0...... OJ Z...('O ( )D.. E.c ( ).8 ::0 ('00 '"0 i:: ( ) OJ « ,\ \ II II I I1I1 ! III /= I-- I~ \ IT 1T I~ I I I / IÎ'- -.:rg III f== 1= ~ r- f-))'\Y :::! _ '-_ _ 1__1-- r- ~ I-- -,-!!!! - - - - 1 I-- f-- \---- I-- - I__ => ~;::: ~Ì\ =~== rn I t= I-- I-- f- - I-- V - I-- ' ./ C _:¡ - '"".' f-- I-- I-- ~_ -., I-- y ~ I-- iI ".'" I-- - I-- ~ _ ~ I-- I--- Of-.-. -~ ¡;j "-I-- I - - -8- - I-- I---~I__ I-- - - ~ ~ - - I-- J - I-- c'-- f-.-. I__ ~ -t:: - I-- 51-- I__ - _ I--~_ _~ _ V ITT II \'1 = ~H '--II-- [=~~ t= = t:: ~'JJJJI-- T11 I 1 - I-- , 1--,=> - - '--- _ _ I-- )I~ 'J- ~ ~ 1--_ 1--,-- _ ~ :/ I "l^Ti'3''''ï I ill I "- I -§= ~;= on t= ì I ¡¡ I~III~!IIIII i!11111~ 1,lllllliWIIII .111 ~'!~~': '! ~ n w ~= lì IIIII In> LlIJT1mT IIIIIIIIIIIIIIIIII~ /d~ - t:: ~ f= I-- ill ~ ""-U t I-- KI-- n IIIIIIIIIII~ IlTT/A 1Jr111111 iííT' ìlT\ I II I-- I-- II111II1111 IT m :..-,-¡- 11'1 111'~'11 y Ill.l.I~ i=1~§--"---'n I í IT -rT _R- 3'I.""O"~' rITTTlT il"'fm\ \ \J ' I I II /11 n IIII II t T ~ ~I"¡::::::; ,~>- _~_ Wlill¡~ _ "-'- =~y _ ,I 1 liT! U nil 11111 III I ].ill ~t::;! ¡ II .I 1 Il - IT I III Ii III :111111,11111 11111I¡mllllWill.~I/ / III I I I TI 'II T I \ r~ il ~ 11 _! . i~iøz 1111\ IW ( UJº~!F-1 ~111/~8 ~ ¡n¡ t: !;( c:::: ~ "~""^'",, ~~ r=::: 5 ~ 1It2J¡/ ~ en g t=~HIIIIIÙ),' ~~ ~~i¡, J ~ ~r=~S ~ s- ,y~ ~ -~ ~ g 5 ~ ; ~ :? ~ ~ i ~! ~ § ! ::; i g ~ : s i '" 2 I )1'1'::15 o.L lDJt / ~ - ~ I ~ ~ ª- ~- c - ~ N~ ~ 3- ¡ - c1 ¡ ~~ ~ ~ !! !! ! ~ ª. ". ~ _ ã;; N"~ -r ¡ ~ a.. B ow^'""""_ '""" « !! ~ ~ ~ ~N ~ o ~ Z ~ã" - 3- ~~ . ~ 0 i - ~ ~~~ ~~C( f( u . ~ªi ~ ~ª~ I ~ 0 r Ii ...J OW^ß1Ol"-' ~ i- ~~ c ~ B s i! ~ ~- . 3. r l.l.·u....&.INI.Ut '..o' "..., SOYW,I,)""" "'- Ir ~ 0 ~ - ~; ~~ ~ I~ ð " g I. ¡¡ ~ ª. 1:ã: ~~ !~ '-- I-- a.. « ~ IJ.J ~ - en :/ l ~ o u CI) ¡¡:¡ Agenda Item No. 16A21 October 12, 2004 Page 5 of 5 RESOLUTION NO. 04-_ RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY AND DRAINAGE IMPROVEMENTS IN IBIS COVE, PHASE TWO-A, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY AND DRAINAGE IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on November 17, 2001 approved the plat of Ibis Cove, Phase Two-A for recording; and WHEREAS, the Developer has constructed and maintained the roadway and drainage improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended), and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 0 I-57); and WHEREAS, the Developer is requesting final acceptance of the roadway and drainage improvements and release of his maintenance security; and WHEREAS, the Engineering Review Department of Community Development Services has inspected the roadway and drainage improvements and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOl, VED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway and drainage improvements in Ibis Cove, Phase Two- A, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway and drainage improvements that are not required to be maintained by the Ibis Cove homeowners association. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: DONNA FIALA, CHAIRMAN Approved as to form and legal sufficiency: Jennifer A. Belpedio Assistant Collier County Attorney ,-- Agenda Item No. 16A22 October 12, 2004 Page 1 of 3 ~ EXECUTIVE SUMMARY Recommendation to approve final acceptance of water and sewer utility facilities for Villa Vistana 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 Villa Vistana 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 September 16, 1998. Final Acceptance is in accordance with Ordinance 2004-31 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), submitted with the Subdivision bond may be reduced by 10% for the utility related items that have been satisfactorily completed, 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. STAFF RECOMMENDATION: 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 Villa Vistana, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Tonia Leavitt. EnQineerinQ Technician ."--' Item Number liem Summary Moollng Doto Approved By Parnelll Libby P"bUc UtilítiuG Agenda Item No, 16A22 October 12, 2004 Page 2 013 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A22 Recommendo\ion to approlJe final acceptance of wBter and sewer Lltility facilities for Villa Vistana, 10/12'20049:0000 AM Water Op.rIl1io'IG Man..ger Date WQ~r 912$/2004 1:01 PM CDES Engineering Servicu Director D0'" Appro.ed By Thomali E. Kuck, P .E, Communit)! Developmant & Environmental S..rviclIIs CDES Engineering Service.. 9127/200' &:17 AM Puul Mntttlu:\ch WabH DirecrÆJr Dmu Approved By Public Utilitiiltti W..ter 9/2112004 1:'22 PM S1t!phen l. Nflgy Wa.5.t(!'W~11er Coliflc.Uans Mllnogur 0.... Approved By PlJblí(~ utilitioG WG$:tItWllblr 9/271200.( .2:56 PM Roy B. Anderson, P.E. Public. Utîlítiea Engl"tlerin~ Director Do" Approved By Public Utïh1itl'1i Public. UtilitltriJ Eo:nglnellrll\g 9128/2004 6:2' AM S..ndr.. Lea Pllte Approved By Community Development & Envìr~"menUlI Services EXiI!cutìve Se(~,.tat'V Community Development & EnvironmlMtal Ser\lices. Admin. um/200' 8:6~ AM Jo.'Stflph B. ClmathftM Wq,"i.tll'Wnt~r Difflr;:tor Dote Approved By Pubtic: UtmtiuII W¡¡r$tItW"t~r Tr...tfniflnt \'1/3-01200410:11 AM Approved By Dab~ Joscmh K. S¢hn,itt Community DofIlJl&lopmflnt & En.,,¡ronmntntal Sorvice." Community Development & Environment..., Services Adminstriltof Cornmunity Dcvftlopnlent & F..hvirofHnentaJ &erv!G1f:§ Admin. 10¡1120o.c 1 :36 PM Pat lehnhô:lrd AdrnillíGtrlltlve Aflsi"tant Date Approved By County Manager's Office Office of M..n~gement & Budget 10/1/2004 2:09 PM Approved By Møna9tr"UlI1tJBudlltlll: An"ly~t DaLe R.mdy GrC'RIIWuld County Man.g.n's Office omu of Man.gem!!':"t & Budget 1011120042:19 PM Michal!! Srnykowski MltlHtunmfll1t &. B\Jdgflt Díulc::tor Dtlt ~ Approved By County M..rulger'1I OffÎCe Office! ot· Mønøgetn«nt & Budget 10/4/20041%;07 PM C.oun1y Man"o." Date Approved By J.amu V. Mudd B(UIHI )f CI)unty COlnnlh~Rionctr$ County Milnagor's Office 10J.t/20046:41 PM -~,_.- Nv("") NO..... «00 (ON("") '"":N- (]) 0..-0) Z"'(\) (])D... ED (])o ==u roO -0 c: (]) 0) « z UJ!2 !::~ <nO o -' III III :;) W CiI'\Ih:nooe N'f'!)01 ~ ~ S ! ~ ~ C a.. « ~ C :;) UJ w ~ .... C C - ~ /1 II CI) ~ I I I ~ III I > II i ;/ II I i TIr.)$ OJ. LON / -.- ~ - l- . ¡¡ . ~i h ~: ~ ~ 5 ~ : ~" I- ~ § ¡ § !~ ~ ~ ~ ~ l ~: . 5 ~ ~ ~ ¡; ,,~ o ~ Î~ ~ u - 3' ~ ~¡ ~§ I' ,M ~ i ~ ~ !~ ~ ... 5~~ . ! ~ I z ~~::; 3·~ ~ ~ a.. ~ ~ ~Ë¡ ~ r- I - r- ~ ð \ E§ E~ I « i I ~ (,! ~ DWIIõY1OI....." Ii Þ "^", If! ~ ....... Z ~ ~ ~ ,,~ Cs ~~ i- ~ 0 U ¡¡: ~ 5>- . ~~ Ë~ :;: 3 ¡ i~ ~ i~ . - ª" ~~ ~ ~~ ~ ã" ~- ~ ~~ ~~ ~~ I.t. aJ.\tUlØ.Ut U 0 "-iLlY IC I~ ~ ...J , ~ . ~ ~~ . I ~h r ~ ~~- ;E I .~ (",,) -- -- --- -! __ .......1N1 ItS",," NV:)n)d ~ h1] ~ ~U ~ i Ii i- ;, I ~. ¡! Agenda Item No. 16A23 October 12, 2004 Page 1 of 3 -- EXECUTIVE SUMMARY Recommendation to approve final acceptance of water and sewer utility facilities for Villa Fiorenza at the Vineyards 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 Villa Fiorenza at the Vineyards 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 October 18, 2000. Final Acceptance is in accordance with Ordinance 2004-31 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), submitted with the Subdivision bond may be reduced by 10% for the utility related items that have been satisfactorily completed. 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. .~ STAFF RECOMMENDATION: 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 Villa Fiorenza at the Vineyards, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Tonia Leavitt. EnQineerinQ Technician Item Number It.m Summary M.etlng D.t. Approved By Sandra Lea Commul1rt)' Development & En\lirontmmtal Serv!c:.& Agenda Itam No. 16A23 October 12, 2004 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A23 Recommendation to approve final acceptance of woler and sewer utility facilities for Vì1IÐ Floreoz(I at the Vineyards. 101'2120049:0000 AM Executive Sel:rBtary Community Development 4 Erlvironm(~l1tnl SC!rvi(:tI$ Adn,in. 0... 9,2412D0410:46 AM Pilrntll¡¡ Lihby Wirttlr Opunltiu"" Managtll. O;llf~, Approved By Public Utilities. Watiftr 9/25/20o.i 1:01 PM Approved By Thmnas E. I(uck, P ,f., Communíty Development & Environmental Serv¡c~s CDES EI1 JiniftClrínlJ S4~fVicuSl Dinu:1<u 0.u111' COES Engineering Survic(I'Ii 9/2112004 8:16 AM Paul Mat(nu'lich W.1t""O¡rtlc1of 001'41' Approved By Publiç Utilitiift.$ WBh!' 01271200< 1 :23 PM Wastew.atar Collections Manager Date Approved By Stephen L. Naoy Public Ull1itíea Wrillõ1.C\Wilter 9117/200<12:55 PM Ruy 8, ArH ¡~rßon, P,E. Publi~ UtllitiC!!f; Enuifleerinn Díl'oçt()f Dutl4' Approved By Public Utilities Public Utilities. Engineoring 9/28/20Q4 6;23 AM WP."tIlW4ltflr [)ìtnctQr Dat( ' Approved By Jo,"~ph B. Choothøm Publi(: Utilitietl W~I"tI"Wdtltr T'f! !tlrl~nt 9/301200410;18 AM J(HH! )h K. Schmitt OØlttl Approved By Community Q(!velopml'!:l'It & Environmenta Sorvi(:fts ComlTlunity Development & Environmel1tal Services Admlnstr.ator Community Dfr"VeIDpm",nt & En\(irnmnflnt..1 Services AdmIn. 1011/2004 1:36 PM Pat Lehnha,d Admini¡¡tra:ttve AuilLtant D3h! Approved By County Manager's Office Otrice of Management.& Budget 10/1120042:05 PM Rdntiy Gru4Ir1wuld Managl!lmunIlBudOt"I' AnEII)''!!t ()¡IOO Approved By Count)' M,¡m.ger'g Office Office of Men.gement & Budgflt 1011/20Q4 2:16 PM Mir:h/1ul Srnykawski MlU13SImnent &. Bw::ig(!t Olrectl)r Dnt(~ Approved By County Manager'1ò Offíce Office of Manøgem."t & Budget 10J1f201M 4:41 PM Approved By James. V, Mudd B(UlltI Dr C()unty COfnn)i..liianers CQun1y MDfUI'i Ur Dol. County Mana'i1cr'9 Office 10/4'2004 &:31 PM (")-.:t(") NO,,- «00 ~~(") ,N Q) 0"- OJ Z...ro §.§CL : I ==0 roO -0 c: Q) OJ « a.. <t i WID ~ ~ "01 ,,::I ! lLJ ~ j j - ¡¡ en ~ i ~ ~! I i i J1V% OJ. 10N / ~ --.- ~ ~ . ~ ~ $ ~E ~ w ~." ~ ~: ~~ U ~5 ~ ~ ~' ~~ ~ ~ ¡ . ~ ¡:: ª t)z ~ ~ i ~ wº g ~ ,!;( <3 °0 :Eg i . z ~. IE ~ ~~~ ~ i . ~~ ~ w ~~ ~ § ~ ~8¡ I ~ - ~H I ~ C) ¡; I i """^""" ...." ~ 'á aA1I~VJ.N't'l 81 ~ . . I! . ~~ ~:¡ $ ~~~ i!" ~~ ~+ ~. ~ ~; ~~~ g ~~ ~ a.. <t ~ z o - ~ U o --I h ð " ¡;¡ ~- IÐ!DNU.~ ... 1111:J ÁIIIJ.NnO:) OJ''''' SCIOOIAS:S:ilw.u..:> ì~ I! ¡. "- ." ,,- ~ . i. NiB ~ '~ ïh Agenda Item No. 16A24 October 12. 2004 Page 1 of 5 ,.- EXECUTIVE SUMMARY Recommendation to terminate Contract # 02-3317 with Henderson, Young and Company relative to the Fire Protection Impact Fee Update Study, waiver of the formal competition process and solicitation of proposals to select a new consultant to update the Fire Protection Impact Fee (estimated amount not to exceed $50,000) OBJECTIVE: Termination of Contract # 02-3317 with Henderson, Young and Company (HY &Co.), for the Fire Protection Impact Fee Update Study for the convenience of Collier County, as provided for in Section 12.13 of the contract. Additionally, staff recommends that the Board of County Commissioners waive the formal competition process and direct staff to solicit proposals to select a new consultant to update the Fire Protection Impact Fee. ",- 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 March 15, 2002. After review and discussion, the consensus of the members was to place Henderson, Young and Company as the number one ranked firm for award of the contract. The Board of County Comm issioners (Board) subsequently approved the contract, which then became effective on May 11,2003. Since the award of the contract, the schedule specifications and outlined tasks of the contract have been unable to be completed for various reasons. County staff and Fire staff have worked with the consultant in order to facilitate the completion of the work product in a timely manner. Due to these unforeseen circumstances, staff feels that for the convenience of Collier County and in the best interest of time, action should be taken to terminate this contract. Ordinance Number 98-30, The Isle of Capri and Ochopee Fire Impact Fee Ordinance, which provides for the imposition and collection of Fire Impact Fees within designated areas, was adopted by the Collier County Board of County Commissioners on April 21, 1998. The Collier County Consolidated Impact Fee Ordinance (CIFO), 2001-13, as amended, effective March 19, 2001, superseded and repealed Ordinance Number 98-30. Therefore, as set forth by Ordinance 98-30 and the CIFO, the Fire Impact Fees are required to be reviewed and updated at least every three years in order to ensure that the impact fees are sufficient, but do not exceed the reasonable cost of infrastructure and improvements needed to offset the demand created by growth. ,r- There are five Independent Fire Districts that collect impact fees in addition to the Collier County's two Dependent Fire Districts. The Independent Fire Districts have their own Impact Fee Ordinances, however, in reference to the above-mentioned contract, there was a cooperative agreement between the County and Independent Fire Districts to share the Contract #02-3317 Page 2 Agenda Item No. 16A24 October 12, 2004 Page 2 of 5 cost of the study and use one consultant to update the Fire Protection Impact Fees throughout the County. County staff will continue to facilitate this partnership. Staff is requesting that the Board waive the requirements of the Request for Proposal (RFP) process and proceed directly with the Request for Quote (RFQ) process. This request is made in the interest of accelerating the completion time for this update. As noted above, the provisions ofthe Consolidated Impact Fee Ordinance (CIFO) require the update of each impact fee at least every three years. The Fire Impact Fee for the Isle of Capri and Ochopee Districts was adopted in 1998 and has not been subsequently updated. Therefore, the updates are already very delinquent in completion. The use of the RFQ process would allow the study process to begin shortly after a qualifying quote is accepted. The requests for consulting services will be sent to the consulting finns that were short listed in second and third place by the selection Committee for this contract. Those firms are Tischler and Associates, Inc. and Fishkind & Associates, Inc. Additionally, to complete the requirements of the RFQ, the remaining requests will be sent to firms with a proven and successful track record with Collier County, including a strong emphasis on the consultant's staff resources available and their ability to complete the study in a timely fashion, adhering to a set schedule. FISCAL IMPACT: The fiscal impact associated with this request is $21,668 to be paid to HY & Company. The total contact amount with HY & Co. is $38,224. The $21,668 payment is required because of the services rendered under the specified contract. Collier County is entitled to receive all of the data and work products related to this contract. Staff will immediately request that all such materials be provided to Collier County and evaluate the value of the materials received. If the value received is not commensurate with the amount paid to date, staffwill pursue all available remedies. Upon direction by the Board, staff will solicit proposals for a new consultant to complete the Fire Protection Impact Fee Update Study. The cost of the study is estimated not to exceed $50,000. The project will be funded through a cost sharing agreement between Collier County on behalf of the Dependent Fire Districts and the Independent Fire Districts. The cost of the study will be divided into six equal shares that represent the five Independent Fire Districts and the Dependent Fire Districts of Isle of Capri and Ochopee, which shall, for the purpose of allocation of payment, be considered as a single participant. The Isle of Capri and Ochopee Fire District's share of the expense shall be funded by Fire Protection Impact Fees from the applicable Impact Fee Trust Funds. In the event that one or more of the Independent Fire Districts choose not to participate in the study, the cost sharing will be adjusted accordingly. Regardless of the participation of the Independent Fire Districts, the provisions set forth by the CIFO obligate Collier County to update the Fire Protection Impact Fee for the Ochopee and Isle of Capri Fire Districts. This update will be completed as expeditiously as possible even if the Independent Fire Districts choose not to participate. Contract #02·3317 Page 3 Agenda Item No. 16A24 October 12, 2004 Page 3 of 5 GROWTH MANAGEMENT IMP ACT: The requirement to pay impact fees ensures that future development contributes its fair share to the cost of infrastructure and improvements to specified Public Facilities and is an essential element of the County's Growth Management Plan (GMP). Therefore, in recognition of changing growth patterns and population growth, the impact fees imposed should be reviewed and adjusted periodically to ensure the equitable and lawful imposition of the fees. RECOMMENDATION: That the Board of County Commissioners terminate Contract #02-3317 with Henderson, Young and Company and authorize payment of $21,668. Additionally, staff recommends that the Board of County Commissioners waive the formal competition process and direct staff to solicit proposals to select a new consultant to update the Fire Protection Impact Fee. Prepared by: Amy Patterson, Impact Fee Manager, Financial Administration and Housing, CDES Item Number Item Summary Me.tlng Date Approved By Denton B.k~r Community Oct'llelopment & ~nY ro"mll'Ota Sorvicc:; Agenda Item No.16A24 October 12. 2004 Page 4 ( f 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A24 Recommendation tD terminate Contract ## 02-3317 wtlh Henderson. Young and Compan., relative to the Fire Þrotec1ion Impact Fee Update Study. wahler orthl!l formal competition precess and solici1atiol~ of proposals 10 select a new consut1sn1 to update- the Fire Protection Impact Fee (estimated lImoLlnt not 10 exceed $50,000). 10112/20049:00:00 AM Financial Admin & Hous.in.¡J Director Date Financí.al Admìn. & HDUlling 1014/200411:23 AM Approved By 1),lI!:ø Køltlay Ward AdminfstTlllti.... Servic.es Senior Purchtl&ìng and Contl'ijct.1 Annnf FJurcha:r.ing 10/4J2004 12:03 PM SttrVie CnnlttU Purchil¡;ÎngIG,mlU1tl SV!:tô Dir ~I:1u' Dllttt Approved By A.dministrative Servir.f!1i Pur(;hlllßlng 10141.20041:02 PM SÐndn.l Lea Dete Approved By Community UI1\HJIDpnwn1 & Environn1en1.kI SetrvÎCIfI1> EJ:"cuUy~ Secretary cDlTlJnunKy DIfIVI!'Joprnlilflt & EllvirDnnUtn\.1 Servic",:f, Admin. 10(4/200.4 1:09 PM JO$eph K. Schmitt Oabt Approved By Community Development & Environmental Service,. CDmmunity Development & Environmental Service¡¡ Adminstrator Community Development & En'Jíronmftntal Service. Admin. 10141200<11:26 PM Putríd Q, Whitlt Auistont CI)LJI~ty AttornCtY lJu1~ Approved By County Attomey County Attomey Office 101<\120041:46 PM Put l"hnhord Administrative Assistanf Date Approved By County M~.n"aiØr'Sì OnU:4f Office of Mi*'n.a"r.mCtnt & 9udnnt 10/4/2:0041:59 PM BUdvet AnalY$t Do" Approved By Mark tuaçkson County Manager's Office Office of Manøg.ment & Budget 10i612D04 9:0$ AM MllnIll9t'.t'twn1 & Budge1 DirftL.1ot Oatu Approved By Micha..f Smykowtl1(i County Mønlllg"r's Ottic:" Office 01 Man.gement & Budget iDle/zoo" 9:12 AM County M2In.li1~r (bin Approved By James V. Mudd Board of ComIty Comtniss.ion.n; C(lunty M¡nmuer'& Orrìr.t~ 10/5/2004 1 :40 PM Agenda Item No. 16A24 October 12,2004 Page 5 of 5 ~ COLLIER COUNTY GOVERNMENT Administrative Services Division Purchasing Department Purchasing Building 3301 E. Tamiami Trail Naples, Florida 34112 Telephone: 239/774-8949 FAX: 239/732-0844 email: KelsevWáIJ\~l;UlIiergov.net sent via facsimile and U.S. mail October 1, 2004 Randy Young Henderson, Young & Company, 16700 N.E. 79tlt Street, Suite 202 Redmond, W A 98052 Re: Contract # 02-3317 "Impact Fee Update Studies - Fire Protection"- Notice of Intent to Terminate Contract Dear Mr, Young: As a result of our discussion during <fur conference call of today, there is mutual agreement to terminate the above-referenced contract for convenience as per the provisions of Section 12.13. This action shall be effective upon Board approval at the October 12, 2004 meeting. This letter shall serve as the required seven (7) day written notice. The County further agrees to pay the outstanding invoices 414-041,414-042 and 414-043 for services rendered in the total amount of $21,668 (twenty one thousand six hundred sixty eight dollars). This shall be the final payment under this contract. Should you have any further questions, please contact me. Sincerely, Kelsey Ward Contract Administration Manager Cc: Steve Carnell, Purchasing and General Services Director Amy Patterson, Impact Fee Manager Denny Baker, Financial Administration and Housing Director Patrick White, Assistant County Attorney Bonnie Zinn, Finance Department Agenda Item No. 1681 October 12, 2004 Page 1 of 5 --- EXECUTIVE SUMMARY Approve change order No.1 to Contract # 03-3483 - "Equipment Noise Barrier Wall" for $129,160.00 with NR Contractors, Inc. for an additional 100 feet of Equipment Noise Barner Wall for the Davis Blvd. Road Maintenance facility. OBJECT.IVE: To increase the scope of work to Contract # 03-3483 with change order No. 1 to NR Contractors. Inc. for an additional 100 feet of Noise Barrier Wall, in accordance with the Design plans and Contract Specifications. CONStpERA TIONS: On January S, 2004 a Notice to Proceed was issued to NR Contractors to begin the construction of the "Equipment Noise Barrier Wall" at the Davis Blvd. Road Maintenance facility. Construction of the "Equipment Noise Banier Wall" proceeded based on the design. by engineers, Pitman - Hartenstein & Associates, Inc. Just after the application of paint on the equipment noise battier wall (which signified the apparent completion of the project), it was brought to the attention of the Road Maintenance staff that the wall was designed 100 feet shorter than required to meet noise abatement requirements for the surrotmding neighborhood, based upon a sound stUdy provided by Environmental Science Associates, a sub consultant to the design professional. As a result of this oversight, staff has prepared Change Order # 1 to have the Contractor extend the wan another 100 feet to be consistent with the sub _ consultant's findings by reducing noise levels in the neighborhood at or below 60 decibels. This reduction is within the limits based on the Collier County Noise Control Ordinance. County staff and the design professional have agreed to an equitable distrit>ution of the costs associated with the additional work. The County will pay for the actual improvement, less the ConU'actor's costs associated with re-mobilizing forces to complete the work. Re-mobilizaûon costs will be paid to the Contractor by the County as part of the change order. The County in turn, wiJl be reimbursed by the design professional for the re-mobilization costs, whi.ch total $14,881. An itemization of the costs to complete the Work are itemized in the enclosed change order. FISCt\L IMPACT: Funding will come from the Transportaüon Supported Gas Tax Fund. A budget amendment will be needed to move funds in the amount of$129,t60 from the Livingston Road Phase 4 project (which is complete) and appropriate within the Noise WaJJ Project account. Source of funds are Gas Taxes ÇROWfH MANAGEMF-NT IMP ACT: There is no Growth Management Impact, resulting ftom this action. RECOMMENDATION: That the Board of County Commissioners, approve and authorize the Road Maintenance Director to execute Change Order No.1 to Contract # 03-3483 with NR Contractors, Inc. in the amount of $129,160 and approve the necessary budget amendment. Prepared by Anthony Rex Wiggins, Supervisor of Road Maintenance Contracts and Projects r- It.m Number Item Summary M..tlng Data Approved By John VUet Tr.IUIf'l0ftiorl Sll'rv~CI\tl AgencJa Item No. 1681 Octobe112.2004 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1661 Rf!c~,"mend.tiDt1 to øppHwe cllangA ord'H No.1 tCl Contract # 03-3-'83 - "Equipment Noi'H~ Barrier Wall" with NR Conlrll(:[or6. ¡nc., for Ur! arJdiUorltll1 00 feet of E.qUlpltlf!'l1t Noi5~ Bell'flt!'f WAil ~r D;Jvj~ BI\ld. Ruud Mflint"l1ut\t:1!I1acility in tile flmmmt of $1 29.16D,00 10'I212D04 9:00:00 AM Rol/Idfl Mainten!lncó' Supltril1tendaJrt D:lle RI)¡.d MI1¡tltl~I'Hmr.tf R12612004 4~09 PM Sharon NIWtmnn AC¡;(lul'ltlng Suplf!l'v!,or Dalf1 Approved By Tran.portion Servh::ell Tranaport8t10n Admlnlstralion 8;/26/2004 1 :11 PM Approved By Mllnagemeol1Budg.t Analyst D... BarbaI'M LaPierI'. Traflsport on 5arvief'ltl lmnflporiut!QI\ Opitr.1tI(UI$ &12612004 2:45 PM Dan aid l~. 5(;ot! lr,In1lportntiml Pla 'l",íng Olre':tor On," Approved By Tra"';lpnrtloT1 5(!'rv¡cf'tfi. rnl'lllpnl'talh)1'I Ph,""¡tlg R/1f2004 2:'f~ PM RieJlmoV"ltutl (]Irf'olor Dal.. Appro\'cd By Trpnaportkm SttrvÎcellJ Roød MM¡ntf nl1n().IStormwat~r Oi2.<!l1004 4:45 PM Lyn Wood Purchuing Agel't Date Approved By Adn'tnl1lìtntlvœ Sœr...ioc", Purchn.lr~9 9/30120044:37 PM N(¡rm E:, htdror, AIr- > 1 r.,nMþ('ll'tlltio( (]jvl~¡oll Adl'llilli/l.lratut Orrttl Approved By Tr.ansportìon Se,....~c~' TrJU'llip .)rtation Servictllli Admin. \lrJO/20l!.4 4:43 F'M Approved By Purchasing/General SYC" Director Oat. Steve Ct\rt1C!1II Ad'nlniHtr.li....n Snrv!catø PIIN::h.1ltljn\l 9130120(144:46 PM Oi.r'I~ P~rrV"1In' EXflc:.uthl~ S(tCftrt.fV PaIr: Approved By lron.portlon Services Trøn.þortation Sttfvjces Admin. 1o:.)l112U04 10:13 AM Pat Lehnnard Adm!niftrative Anjstant D... Approyed By COllI\ty Mllnllger'6i Office Office of Mlin.gll!iment 8. Budget 10!1/200411:0S AM Senior ManagemenUBudget Atl~ y.t Date Approved By Susan Usher CI)lIr1ty MI'JI'Ia'}tU'~ Oftiçe Offll:1t 01 Man.'Jltrnent 3. ßUrl[ lIt 1(1141200411:11 AM M1I:htel Smykowskl Mnna{ ~m '"t & Gudgrrt ['HrtWtor n.le! Approved By County ~h!uli¡ CI!r'$ Office Office of Ml/Enl!f¡li!melt1 & Budget 1()I4I;lU041 :18 PM Approved By Jume6i V. Mudd So.atd of County C.ommissiÞI'II!-r5 C"unty Man.".r DlttE: County M;uHJgtlr'l5 Qtfí<:1!t 1"'4/20046:26 PM Agenda Item No. 1681 October 12,2004 Page 3 of 5 CONTRACT MODIFICATiON CHECKLIST FORM PROJECT NAME: Eauloment NolM Barrier Wall PROJECT #: ~ BIDIRFP #: 03-3483 PO #: 4500016364 MOD #: 1 AMOUNT OF THIS eHANGE $ 129.160.00 Work Order #: N/A CONTRACT AMOUNT: ORIGINAl $ 409.981.68 CURRENT $ 539.141.68 (STARTING POINT) (INCLUDiNG THIS CHANGE ORDER) Last BCe Approved Amount S 409.981.68 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last Bee Approval September 9. 2003 Agenda Item # 16810 CIllf"ff'R1Llli" .''fUJI]1 '.I..a."11r'R1UJIf. JlfUll.m~U~¡~~iJ .: , Percentage of the change .smt[/under cu"ent contract amount 32 ~ Fonnula: (Current Amount ( last Bee approved amount}-1 Resulls and Aåions: If _exceeds 10% BeC aeprova/ is ;.uinod; under 10% reported to BeC Of) pure. hasin repo.rt.. "',:1··'·.··· ...,,'~Ií1'llnr.:Fj/t*i·' ·11f~·.J~trlillu......;'O...JJ.... ÞAi'rr~'IB<iilJø"'H~J*r .'. ,". ": CURRENT COMPLETION DATE (S):ORIGINAl: 9/11/2004 CURRENT: 1/14/2004 SUMMARY OF PROPOSED CHANGE (8): The PUf'DOse of this chance order is to add an additional 100 feet at the north end of the Sound Barrier Wall. . PARTIES CONTACTED REGARDING THE CHANGE: NR Contractors (Rav MusJlmani). El1aineers Pitman. Hartenstein IDan Craig}. Purchaslna Deøartment. 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 Of deletion to the existing scope Revised 9/14/04 ... ~.............................- Agenda Item No. 1681 October 12, 2004 Page 4 of 5 Y- Change is being implemented În a manner consistent with the existing agreement Y- The appropriate parties have been consulted regarding the change L Proposed prices, fees and costs set forth in the change are reasonable PROJECT ~GER RECOMMENDATION: APPROVE: ~ ~ DISAPPROVE: ~ COMMENTS: Date: 09/22/04 Date: Revised 9/ t 4/04 ~.;--~". TO: NR Contractors, Inc. P.O. Box 110127 Naples, FL 34108 CHANGE ORDER FROM: Collier County Road Maintenance Dept. 4800 Davis Boulevard Naples, Florida 34112 Agenda Item No. 1681 October 12, 2004 Page 5 of 5 Projeet Name: Sound Barrier Wan At Davis BouJevard Agree.eat Dated: August 30, 2004 P.O. No.: 4500016364 Chqe Order No.: I Date: August 19,2004 ChaRge Order Description: The purpose of this change order is to add an additional 100 feet at the north end of the Sound Barrier WalJ, and pay for additionaJ services which was not included in the original con1ract. The Engineers Pitman, Hartenstein & Associates Designed the Sound Barrier Wall at a length of 820 feet unfortunately, the Design Engineers did not include the recommendation trom the Engineers at Environmental Science Associates based on their Sound study. ESA '5 recommendation was to construct 920 feet of Sound Barrier Wall along the west side of the Maintenance Facility located at 4800 Davis Boulevard. The recommendation of the 920 feet Sound Barrier Wall was to reduce the noise levels to 60 decibels for the adjacent homeowner. This reduction to 60 decibels is within the limits based on the Collier County Noise Control Ordinance No. 90-17 [Code ch. 54, art. IV). Original agreement amount ..................... ....... ............... ........... ......... ............. ......... $409,981.68 Sum of previous change orders amount ..................................................................$ N/A This Change Order Amount $129,160.00 Revised Agreement A.1fKJUnt ......................................... ............................................ $539, J41.68 Substantial EiDA.! Original contract time in calendar days .................................... 180 210 Adjusted number of calendar days due to previous change orders..... N/A N/A This change order adjusted time is.......................................... N/A N/A Revised Contract Time in calendar day.................................... ,... N/A 90 Original Notice to Proceed date...... ......... ....... ....................... .........January 05,2004 Completion date based on original contract time..................... ..................September 11,2004 &vised completion dare... ... ... ............... ............ .................. ............ .....January 14, 2004 Your acceptance of this change order shall constitute a modification to our Agreement and wiJI be perfonned subject to aU the same tenns and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjusbnent. if any, to this Agreement shall constitute a full and fmal settlement of any and aJl claims of the Contractor arising out of. or related to, the change set forth h . i loding claims for impact and delay costs. .... Prepared by; Date: j~;/-ÐÞ thony Wi' upervisor of Road Maintenance Contracts and Projects" ~~. R'-1M\.t.':::.1Ih'"''"I' Contractors, Ioc (sign an<i 'ot or type name) ~ Date: q"" ç I - 0'7 Accepted by: Approved by: Date: r¡ - ZZ- 0'+ .~ --.... .--ie_, Valera, PE, DiR>ctorlRoad Maintenance & Storm Water Approved by: Date: Nonnan E. Feder, Administratorrrransponation Division _....._.-......~,.~...__...,...,.,........,.,.....""_.._...___.,··M.'...··..............._.... Agenda Item No. 1682 October 12, 2004 Page 1 of 2 ,.- Executive Summary Recommendation to approve deleting section B.2.3., items (b) and (d) of Schedule B of the Standard Professional Services Agreement for Aim Engineering and Surveying, Inc. for Vanderbilt Beach Road Project, for Contract issued under 04-3583 "Construction, Engineering and Inspection (CEI) Services for County Road Projects". No Fiscal Impact. Project No. 63051. OBJECTIVE: To delete section B.2.3., items (b) and (d) of Schedule B of the standard contract previously approved for Aim Engineering and Surveying, Inc. in order to allow payment for already approved expenses on Vanderbilt Beach Road Project. CONSIDERATIONS: Transportation currently requires each of the Construction Engineering Inspection Firms (CEl's) to furnish a field office located in the vicinity of their projects. The language in the standard contract that was previously approved by the Board of County Commissioners on July 27, 2004, Agenda Item 10 I, does not allow for reimbursement of expenditures such as field office expenses, copies reproduction, postage, handling, express delivery, and long distance communications. The amount previously approved by the BCC included these expenses; however the Clerk of Courts would be unable to make payment because of conflicting language in the County's standard contract. To enable the Clerk of Courts to make payment, the standard contract language needs to be amended. The standard contract language currently reads: ,"- B.2.3. By way of example and not limitation, reimbursable costs shall specifically not include expenditures, except as otherwise described in paragraph B.2.2, such as: (a) expenses for transportation and subsistence; (b) overhead. including field office facilities: (c) overtime not authorized by OWNER; or (d) expenses for copies. reproductions. postage. handling. express delivery, and long distance communications. The underlined language needs to be deleted from the standard contract. FISCAL IMPACT: There will be no fiscal impact associated with this action as the referenced costs were anticipated and are included in the existing contract dollar amount. GROWTH MANAGEMENT IMP ACT: This request is consistent with the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the deletion of section B.2.3, items (b) and (d) of Schedule B of the standard contract with Aim Engineering and Surveying, Inc. Prepared by Lynn R. Thorpe, P.E., Principal Project Manager, TECMD ,...--- AgencJa Item No. 1662 Oc10ber 12. 20Q.4 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Numb.r Item Summary 16B2 Rf\cl)mmendatiol1 to Approve deleting Itemr. with Qverhead end office service., liection 8.2.3_. ¡'tlms (b'lltfld (d , of Scherjul~ B of tIll! S1a.l1d¡ud Profu$~ of101 Servl~tta Agr!!>emenl, 11>1 ContlllC:t1i Î&sued under 04~3563 M..ting Date 10/12/20049:0000 AM Approved By LiIUl Tiylof M.nlllge"\ent/Budget Analyst Oat. TUll'\sPQrticm Servll:ell TrilIlH I<.Ir1:at urI AdnlillhlltQtlon 9/30iZ004 10:02 AM Approved By Shnron N"....man Ät:c:ounUng ~1Jpt..t"'¡lInr D.le TrDn.portion S~rvicetl fran,portltion A.dminlatrlltion 9/30/2U04 2:16 PM Approved By K~lvoy Wørd SenitU Purctluing ant.! Ct:Jlltracb Agenl 0,,,, Admin¡.triltÎve S~rv¡ce' Purchuin9 10/1/200,",9:18 AM Approved By StUVII C.rnell Purchaain91ßen(lr.1 SOJa$ Olreotor Date! Adm~lIjatr.livt! St!rvlct!s Purchu..llIg 10/11200412:31 PM Approved By Nor"l E, Feder, AICP Tr.nMportIl11.~I\ Di\IIMiön Ad",¡"I¡ ;trlltøl D.'4! lrUllllportioll Servlcltll 1 l'øn,pol1¡¡tion SerVIC&8 Adml'l 10t1/2004 3:29 PM Approved By Qr~lJg ~. StlakllluHC' Tr"l).p"rt"'~OIl EII91neerlng/Con:l.trucljon Mgnlf f)hflJ:1m D... Tr~nlòportiQrt Servico.. TrUft1lpt>rtatlon EngitH!t!rJI\ç and CI)UutrUCUCIII 1011/2004 3:2.0 ~~M Approved By tJllllne Þertymlln !'::I(I!H:utive 5eCI1!tiU'j Date TrOlnllportlofl GfHvtCtU¡ lt1Jnsport;¡tion $tll"Vlclts Adm~n, 10141200.11:57 AM Approwd By Pal Lf'll1nnard Adnlirl !t~rutIVlt A$~¡st.nt Ollb~ c.O\mty M.1In.glllt',; Orticœ Qff!c.e of M.m.gemenl & Budget 10'4'200412:57 PM Apprond By Mich~1 Smykow.ld M;¡I1a.g~ml!!nt & al.ldgttt Director [):Jtr.' County M8"ôtUer'" Office Offioe! of IVLanagill",urlt & Budgillt 10(4{1004 1:19 ÞM Approved By JamlM:l V. MutJtS County MJmagt!r Date Board of County Carn",I",¡"n~rH County Manager's Office 10/412U04 7:14 PM r-- Agenda Item No, 1683 October 12, 2004 Page 1 of 11 EXECUTIVE SUMMARY Recommendation to approve awarding Bid #04-3707 "Lely Golf Estates MSTU Irrigation and Landscape" to Commercial Land Maintenance, Inc. for $113,311.80 (which includes 5% contingency). OBJECTIVE: Award Bid #04-3707 "Lely Golf Estates MSTU Irrigation and Landscape" to Commercial Land Maintenance, Inc. CONSIDERATIONS: 1. 2. r- 3. 4. On July 29, 2004 the Purchasing Department sent notices to one hundred fifty four (154) vendors for the renovations of irrigation and landscaping of the Lely Golf Estates Beautification MSTU medians 3, 4, 6-10. On August 24, 2004, a mandatory pre-bid meeting was held. On September 10, 2004, two (2) bids were opened. Staff reviewed the unit pricing. Staff advised award of Bid #04-3707 to Commercial Land Maintenance, Inc. as the lowest, qualified and responsive bidder. On September 16, 2004, staff presented the bids to the Lely Golf Estates Beautification Advisory Committee for their review. The Beautification Advisory Committee concurs with the recommendation ofthe staff. FISCAL IMP ACT: Funds are budgeted in FY 2004-2005 in the Lely Golf Estates Beautification Fund in the base amount of$113,311.80 (which includes 5% contingency) for the renovations of irrigation and landscape medians 3, 4, 6-10 within the MSTU. GROWTH MANAGEMENT IMP ACT: There is no growth management impact. RECOMMENDATION: That the Board award Bid #04-3707 to Commercial Land Maintenance, Inc. for the Lely Golf Estates Beautification MSTU Irrigation and Landscape in the amount of$113,311.80 (which includes 5% contingency) and authorize the Chairman to execute the standard contract after review by the County Attorney's Office. Prepared by: Liz De Leon, Operations Coordinator, Alternative Transportation Modes ,-' .. ,,...~..-...,,,,,..~,, Agenda Item No 1663 October 12. 20Q4 Page 7 of 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Numb.r Item Summ.ry 166> Recommf!ndation Lo ílpprO\le 8wardi"g 8id #04-3-7Q7 "Lely Golf Estatef' MSTU Irrigation and lllnd~ctlµt)' lu CvmmercJal Land MamteM!1ct!, Inc, for $113,311.80 \which illcl¡ld.,s 5% (;()ntin,,~,,!:v) M..tlna D.'. 10/12/20049:00,00 AM Prepared By D.te UlOp.I..I«)n OF'NrlUonll CDr>tdln;alor 9/2312004 11:n6:46 AM rro1'ttllpOftl¡ticn SCtrvlC:lttl Allern.atiyf'r Tr."'$port. iOh Moden Approved By BrflndiJ ßrllh ,rt P\lrr.:ha~¡"\1 ÄÇ!lInt DatI~ AdminÌtttrative Service.a I~urch.lling 9/l3/2004 3:44 PM Approved By Bob Þeter1o'en Project Ma;nøger Dot. TranBrmrtlnn S'HVICM Tr4ltflr. O,N1r~i()n.f ATM ",23(2Q04 3:57 PM Approved By Stfl\l'nC.arnr.1I Purct\."ingIO:ltnl!r.1 511es. Oir6t:tor D.le Admil'1i5trative Servicl!'lI Purcha~ng 9124/2004 7~52 AM Approyed By !JIll! (! a. fliJlHi ìu."~t.: 6p~rllUonll and Alt Tuns Ml)de~ l)il1t<:tOf Uot, Tt.n.portion S(lrv!c.(!5 TrNf'fic Opttrationa' ATM 9/27/20042:14 PM Approved By Sharon N~w",an Accounting Supervisor Dot. Tranll mrtlm! Sef'Yicelf, frul'llpurtaljot\ Adminlllttutjat¡ 9130/2Q0.4 1:48 PM Approved By Nun.., E. r~dIH,A!CP r ~MPort:lll:il)n D¡Y¡~ l)t' Admin lItrutor Dale fransþortiQI1 SlI'Irviccs Tr/lllaporwtic fl SC:fvlc:eu Admin. IH30r:z004 4:21 PM Approved By Dian£' r>errym",,, Executive Secfl!'taty Date Tnmsportiun Service, T fan,port.ation $lI'rviceø Adlnin. 10/1/200-4 "10;18 AM Approved By Pat Ll3'hnhard Adnlinlsltatlv.... Auistant D... C )IJ rty Mafl.a(Jer'5 Offh:ft Ol'f'hm of Mal'lagftfnltut & RudgDt: 10'1/20Q.411:{J7 AM Approved By Micl1clttl Smykc)wllkí MUnõlAl1'mltflt & l3udnr.t Olret;1or Dalfl County Manøget's OtficHt Office of MAnage-mel,t & Budget 1UI4120{)412:4~ I'M Approved By Jamf!5' V, Mudd Cc.'untr Mana"er Date AQ,nd of County CommÎssiDners Ccwnty M.an;'9f1t'¡t. Otfic:~ 1014/2004 fJ:311 PM vN I/) ,... .. "C ., Q) ... > c: '- Q) Q) en (,) Q) øa: Q 0 ~ Q) 001 zro .x: (,) ro a.. c: Q V ~O Q O 'Q)N a.. 0) C'? oCt\!.. o >, (I) CD"SE .. '"') ::J ... "C Q) .. c: O>"C Q) raQ)"C C:ü)"C roO« ~a.. - Q) U_ Q ro 'cO ... 0.. "0 c: ro s:: ,Q ëï; 0> .¡: .= :::> t; :E :'-. '¢ tl)°0 Q ....O ñšWN Û).,¡Ö W _.,... -M\"" Õø! Ø&jE >,.- Q ã)~- ;¡l~Q ,... -en o !.. ¡:;;~g;¡ ..t-øO O"CQ -:g&jtõ CD-sO \ , I i ! I ! 1 i ì 1 ! 1 ¡ I ; IS 'S s:: C IS J: , i r ¡¡;I 1j¡ _'t e ~ e- o (.) I I' 1 . , I L 8~ ,g!2 ¡Oie lcòie 1*;(, I ¡ ! 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L Agenda Item No. 1683 October 12, 2004 Page 8 of 11 GOLF ESTATES BEAUTIFICATION MSTU ADVISORY COMMITTEE 2705 Horseshoe Drive South Naples. FI 34104 September 16,2004 Min utes I. Meeting was called to order 3:59 PM. II. Attendance: Members: Robert Slebodnik, Tony Branco, Robert Cole, Bill Erickson, Ron Torp County: Bob Petersen-Project Mgr. /Landscape Operations, Liz DeLeon- MSTU Coordinator Others: Robert Kindelan-CLM, Mike McGee-McGee & Assoc., Sue Chapin- Manpower Services III. Approval of Agenda - Add under "Old Business" - Green Heron Invoice for Irrigation Damage. Bob Cole moved to approve the Agenda as amended. Second by Tony Branco. Carried unanimously 5-0. IV. Approval of Minutes - August 19,2004 Bob Cole moved the minutes of August 19,2004 be accepted as presented. Second by Ron Torp. Carried unanimously 5-0. Ron Torp moved to approve the Special Minutes of August 30th. Second by Bob Cole. Carried unanimously 5-0. V. Landscape Maintenance Report A. Update on Landscaping - Robert Kindelan reported the following: · Lost trees during storms - more may come out. · Plants in first median with fungus will be replaced. · Last meeting discussed control valves and back-flow preventers. When they dug it up they found wires under the road that goes to the median. The wires had been cut by the sidewalk installation, but the ones under the road were found in tact. Didn't need to put a valve in or the Unique controllers. There is a rain sensor at the clock and will be hooked up properly, · Palm tree trimming - October · 1 Tree damaged - Forest Hills (Will get picture) · Mulch - Re-distribute on Medians # 17 & # 18 to be done · Cleaning up Forest Hills being done today (grass and trees) Agenda Item No. 1683 October 12, 2004 Page 9 of 11 VI. Landscape Architect's Report - Mike McGee · Picking up debris and normal maintenance discussed. VII. Housekeeping Items: 1) Pine tree by Church/emits numerous amount of needles - if between curb and sidewalk it is in the ROWand will need to be removed. Bob Petersen will schedule a meeting with Andy Vaniscak from Road Maintenance to address the issue. VIII. Transportation Operations Report - Bob Petersen A. Budget · Sheets on the Water Bills for the past 3 years handed out. (Attached) Totals are: = (2002-$20,533), (2003-$7,329), (2004 $9,] 78) Reflected water increase for 2004. Discussion foHowed on totals and comparisons on the different medians and meter running inefficiently for a couple of months. $],700 is from prior year. · A spreadsheet for expenses and contractual line items was distributed. (Attached) · Income/Revenue statement distributed. (Attached) · Storm clean-up charges discussed and noted County has to pay dumping fees also. · Budget distributed. Line items covered. (Attached) B. Project 1 & 2 Bid was presented and Bob Petersen explained line items and unit costs. (Attached) · Bob advised to get it done now. · Phase II - lighting, benches, trees and hedges will be done. · Median #3 - leave sod · E]ectrical Power Station will be built as part of Phase I Summary of Proiect #1: · Area is Medians #3 thru # 10- involves connecting water line from Forest Hills #11 to the west end of Median #3. · Bid schedule - total base bid - landscaping and irrigation - $87,84 1.50 · Additional Sections - 4,5,6,& 7 is a total of= $107,9]6 Additional shrubs along north & south right-of-way is replacing shrubs Section 4 - preparation of area Section 5 - alternate - putting shrubs in place Section 6 - alternate for actual main line replacing Section 3-Item 7 - using larger main line. (#2 costs for 2" main line) Item 7- adjust existing and adding new heads. Main pumping station not in bid. That is separate package to purchase. Not part of this bid. Bob Petersen didn't feel they needed it. Pump was just 2 Agenda Item No. 1683 October 12, 2004 Page 10 of 11 replaced in June. Didn't see an immediate need for the pumping station until more funds are available. Access is available at any time. Ron asked about some of the differences in individual pricing on the bids. Asked if they will switch the mulch to pine straw. Mike McGee likes to use pine straw on the first installation so it isn't over mulched hurting the plants. Pine straw is lighter and airier. Eucalyptus mulch can be used at a later time. Bob Cole moved to accept Commercial Land Maintenances bid for the Lely Golf Estates MSTU for irrigation and landscape work on Medians 3, 4, and 6 through 10 for a total of$107,916. Second by Bill Erickson. Carried unanimously 5-0. Bob Petersen will get this to the October 12th BCC meeting and work will start 2 weeks later. C. Progress Report on Sign age - Tony BrancolBob Petersen Tony met with the electrical contractor, Simmons, to discuss the lighting. A proposal will be forthcoming. The Contractor felt it would be better to replace the existing fixtures and go with new lighting. Tony met with Lykens on the sign. He thought it was reordered to be installed immediately. He told Tony his supplier suggested disassembling it and re-roll it to flatten it out. By Monday he will know if it is successful. Tony plans on meeting with him and would then make a recommendation to the Committee that he install it immediately or view it jointly. Bob Petersen stated they can meet with purchasing at any time - letting them know this Contractor is not acceptable depending upon what happens on Monday. Tony explained the process being used. The Committee decided Tony will meet on Monday with Lykens and if it is not done to his satisfaction, he will have Bob Petersen set up a meeting with Purchasing expressing their dissatisfaction and will proceed further. IX. Committee Reports: A. Budget Projection Report - Bill Erickson Meetings were canceled - no report. B. US 41 Entrance Landscape Committee - Ron Torp/Mike McGee No report. X. Old Business: A. Landscape Maintenance Contract Update - Will go before the BCC on September 28th. B. Forest Hills Clean-Up - Covered earlier in meeting. 3 C. Review Calendar for Project 1 & Revised Date for Project 2 _ Postponed until next meeting. D. Green Heron Invoice - Letter and Invoice (Attached) $2,971.20 Total - balance is $1,700. Agenda Item No. 1683 October 12, 2004 Page 11 of 11 Bob Cole moved to authorize Bob Petersen to bill Green Heron for $2,971.20 minus $1,214. Second by Tony Branco. Discussion followed on the pump malfunction. Bob amended his motion to state "adjustment will be made to the amount if needed." Tony seconded the amendment. Amendment carried unanimously 5-0. Motion carried unanimously 5-0. XI. New Business: None XII. Public Comments: None Being no further business to come before the Committee, Bill Erickson moved to adjourn, second by Bob Cole. Meeting was adjourned at 5:20 PM The next meetinl! will be October 16th. 2004 at 4.'00 PM Collier County Landscape Operations 2705 Horseshoe Dr. South Naples, FL 34104 4 Agenda Item No. 1684 October 12, 2004 Page 1 of 3 --- EXECUTIVE SUMMARY Recommendation to approve a three (3) month extension to Bid #99-2955 "Immokalee Road Ground Maintenance Service" to Commercial Land Maintenance, Inc. in the estimated amount of $30,000.00. OBJECTIVE: To approve a three (3) month extension to Bid #99-2955 to Commercial Land Maintenance Inc. for "lmmokalee Ground Maintenance Service". CONSIDERATIONS: Bid #99-2955 was approved by the Board on August 9,1999, agenda item no. 16.B.14. The expiration of this contract was March 31,2004. Due to extenuating circumstances involving this roadway, Staff requested a six (6) month extension which was approved by the Board on February 24,2004, agenda item no. 16.B.2. Due to the delay of implementing the widening of this roadway to six lanes, Staff is requesting an additional three (3) month extension. - This section oflmmokalee Road will have six-lane construction beginning in January of 2005. The design for this roadway will require the loss of most of the existing landscape. Construction would also only allow a new contract to be executed for approximately three (3) months. It would be more economical to extend the existing contract for the anticipated time before the construction begins. Salvageable plants will be root pruned and relocated to other public areas by Commercial Land Maintenance, Inc. Once construction of the roadway has been completed, Staff would issue a bid for median installation and a subsequent bid for maintenance of the medians. FISCAL IMPACT: Funds are budgeted in project #601591 for FY 2004-2005 for lmmokalee Road Grounds Maintenance Service. GROWTH MANAGEMENT IMP ACT: There is no growth management impact. RECOMMENDATION: That the Board approve a three (3) month extension to Bid #99-2955 to Commercial Land Maintenance for the "lmmokalee Road Ground Maintenance Service" in the estimated amount of$30,OOO.00. Prepared by: Liz De Leon, Operations Coordinator, Alternative Transportation Modes ,..--. Agon(Ja Itom No.1 ôB4 October 12. 2004 Paoe 2 nf 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS "em NumHf Item Summ.ry 1684 Rf!commt!ndatil)" to approvl!: 8 three (3) n,onth (!wtenl.ir;n to Bid #9~~2Q55 -Immoka!ee RaAd GrQund Mal"tcnnm:ð Service" tu CO",,"lerc!ô)1 Lund MalntenüTlce, Int:. in the oa1imoted II¡rl~)lmll)t ~30,OOO,OO M..tlng Cite 10.112/20049:00:00 AM Prepared By Date L. iz O~ Laon Opflro11.lonto CDI),rl(n¡t,{or fI/n,2004 1 t;04:~5 AM Triln1lporlntj(ln Servlc!tQ AlterMAitivt'r TraI'\ßpørta¡¡nn MDder¡ Approved By Bf~nr iJ ßrílhart Purr.h.,.ln'i'l AÇJel'l1 0... Admfniatrative SerJIce8 .'urchillit'lg 9/23/20043:43 PM Approved By Bob Petersen ~lroject M;Rl\a"er Date Tral'\sportion SIU'vicM Tf.tfic OJlt'ruUc)n1i} ATM 91231200.4 3:58 PM Approved By 51e~tt C.rnfl~1 P\ltc:h l;..inQJGe"~,.1 Svt:$ O rttmQf P_If! Adminietra1ive Servic.es Pure-haeing 9/24-12004 &:5-1 AM Approved By Dlune B. flagy JI~thc Cfpet'lltiorui and AIt Trill's Modoal Dintcror Out. Tr;j I'I&port1on SlfIrvictts. Tuffle Opt!ratl0n5/ ATM !il/27f2004 2:30 PM Approved By Sharon Nltwman Açcountlng 5upl:'rvl"or D... hll:t'HII)(H1¡on S~t'JJce~ r lunapo!;.,ion Admln\.tr..Ucm 913012004 ; :49 PM Approved By Diane- P~rrymllo t XUClJt v~ 5ucmb''; DØlle Tranllôpcrtion s:.,rvICIUI nlllulportatloo ¡iÎ.IUVÎC:CI.tS Admjl', 1011/2004 10:3!o AM Approved By NOfm E. FeodlH, AICP lran.portntion Dh.døiQn Admints;trator Date fran.portlon 2'ÞlViclt$ Tr:an"port3tìl:H1 S.rvices. Admin. 10/1f¿OQ4 1¡):50 AM Approved By Pat Lehnhard Administrative Auiatant D... cQunty Munagøf'. Ofnl:l~ Of\'Ir::n of MU",.1~m"lt )t & Audgat 10/1/20Q4 12:07 PM Approved By Mlehael 5Inykow~k¡ Mun.anQmlHlt 8. a\ dn~ Oit'o(:'tor Dale CO\l"t)' M,-nøger" Office Oft~çlP! of MnnøQiIi'ml!'l1t 3. Budget 10/.:I/20U" 12:-45 PM Approved By Jame. V. Mudd County Mana~( r Date R ).1Id of C:c.unl:Y Commi,uh)l'!(!'r1i Cotlrlty Mlmug~r' , Otfi(';t!> 10/5120048:4'" AM -'~-'--- EXECUTIVE SUMMARY Agenda Item No. 1684 October 12,2004 Page 3 of 3 BOA RD APPRt ÞV AL FOR A SIX (6) MO~'TH EXTENSION TO BID NO. 99-2955- "1M: 10KALEI ROAD GROUNDS MAI~"TENANCE SERVICE" TO COMMERGAL LAlli () MAINTf.NANCE, INC. OBJ ~CTlVE: ~ 0 approve a six (6) month extension to Bid no. 99-2955 to Commercial Land Mail tenance, Inc. for roadway grounds maintenance on Immokalee Road. cor SIDERAT'ONS: Bid No. 99-2955 was approved by the Board on August 9,1999. agenda item no. 16.B.l.4 The expiration date for this contract is March 31. 2004. Due to extenuating circt mstances in .0Iving this roadway, Staff is requesting a six (6) month extension. This section of I :unokalee Road will have six lane construction beginning in July or August of 200.. The desif'1 for this roadway will require the loss of most of the existing landscape. Con truction we 'lld also only allow a new contract to be implemented for approximately 4 mon hs. It woul, be more economical to extend the existing contract for the anticipated time befo 'e the constuction begins. Salvageable plants will be root pruned and relocated to other pub! c areas by ( ommercial Land Maintenance Inc. One: constructi, n of the roadway has been completed, Staff would issue a bid for median in.st tlation and, subsequent bid for maintenance of the medians. (J ;,<~. FIS ~AL IMPA CT: The fiscal impact is the expense of an estimated $60,000.00 for the fifth yew GR }WTH MA.~AGEMENT PLAN: There is no Growth Management impact associated with this iCtion. RE< :OMMENJ¡ATION: That the Board of County Commissioners approve a six (6) month exu o.sion to Bi<, No. 99-2955 "lmmokalee Road Grounds Maintenance Service to Commercial Lan i Maintenar';e, Inc. as specified· herein. Pre <Ired by:-L.~ j(kU.fJ.-- ~ lob Petersen, Project Manager 1. sportationITraffic OpslATM Department Date;::02 - // ~ d Y -..,; Dare:~ Date: zlu I O~ Date: FEB 2 ~ 2004 \ Pg. Agenda Item No. 1685 October 12,2004 Page 1 of 7 -- EXECUTIVE SUMMARY Recommendation to approve a declaration setting aside a portion of county-owned lands for Vanderbilt Beach Road and Logan Boulevard roadway, sidewa1k, drainage and utility facilities. Project No. 63061. (Fiscal impact: $27.00) OBJECTIVE: To establish for the public record that a portion of certain lands owned by Collier County shall hereinafter be put to certain specific public uses (roadway, sidewalk, drainage and utility facilities.) CONSIDERATIONS: Rather than pay severance damages and suffer the expense of litigating over the condemnation of a partial acquisition of 0.771 acres required for the Vanderbilt Beach Road Project, on February 10, 2004 the Board of County Commissioners approved the purchase of a 3,185 acre improved property located at the Southeast corner of Vanderbilt Beach Road and Logan Boulevard, At this time, it is advisable to "set aside" the 0.771 acres for roadway, sidewalk, drainage and utility facilities, and to serve constructive notice of same to the public by recording a Declaration of Right-of-Way in the public records. ~-- The attached sketch and description, prepared by WilsonMiller and designated as Project Parcel Nos. 140A and 140B, shows the area needed for these improvements containing .771 acres more or less. This designated use for roadway, sidewalk, drainage and utility facilities will not adversely affect the future plans for this property, The existing improvements on this land are scheduled for demolition during the course of the road project. The Golden Gate Fire Control and Rescue District will utilize the property for training purposes prior to demolition and the Collier County Utilities Department is actively considering the remainder of this property for use as a future well site. This Declaration is to be recorded in the public records as constructive notice to all that the subject property is being put to the uses as described. FISCAL IMPACT: Fiscal Impact associated with this Executive Summary is $27.00 (recording fees). Funds in the amount of $27.00 are available in impact fees and gas taxes. Source of funds are gas taxes and impact fees. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATIONS: Recommendation that the Board of County Commissioners: 1. Approve the attached Declaration and authorize its Chairman to execute same on behalf of the Board; and 2. Authorize staff to record same in the public records of Collier County, Florida. PREPARED BY: Debbie Armstrong, Sr. Property Acquisition Specialist, TECM-ROW ~ Item Number Item Bumm.ry Meeting OM. Approved By Kevin HendriC"ks Tnu'ul 'Iortion SefviC:flB Agtmdf.lltem No. 1685 October 12. 2004 Page 2 017 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1685 Rf!Commendation to app.rove 1'\ der.laratÎon se.niog B5idf'J c:ounw-pwnp.d landE for Vandttfbilt Bfji\l.:h Road illlt.1l.Qg8t1 BoultJvi1rd roadway. DH~ewtll~, druil1B\le arid ut¡Uty 1¡¡,<:iHtieu. \Fiscal ¡"'¡pact: $27.00) Project No. 6305'1 10.1"12/20049:00:00 AM Rj9M (.H Way AaquIst1ion Mona\18r frnnspf>rlatlDn EnÇJilHtflrlnn "nd GOl'1strllr.tlon Dste f¡124/2004 3:01 PM AIJc¡n R. Ruth, PL Dat. Approved By Tr<tn.~orUD" Sorv¡cf ~ 8C\nlor ProJl!lct Man.gfl'r n.nuportatlClrl Enolnflltríng ;IInd Consltud4Dn 912312004 ß :41 AM U...4 Tayl(' t M"nrcgemflnt/Bl,ldget Analyøt 0." Approved By Tran..portion S&rvicu Tranapoft:at¡an Adnl ni..tration 9129(2004 12:!i8 r>M Approved By a.ICI GrelJll R. SttBk.hIS~ lmn$pOrUDn Sf!rlli¢t~" , '..nsport~tion Engínf'.rI'rlngIConstructlol1 Mç mt Director rr.nflPo,twllon f..n"inClBtb'llltnd Constrm:tíon !'il/2fH2004 4:33 PM Prlncip..1 Project MlI\na{lor Onto Approved By WlI!lilm D. Mullin, PE Publl!: Utilltie~ ~ublic UUUtl.1I En'iJitlNrlng BI30/Õ!Qo411:Hi AM Kill1 W. 6l>ycr. P.f. PflllClplJ1 PrvjC!ct MalUt!iPt1 I).I~ Approved By PUblic lJ1:lIltl"" Pubhc U1i1n1lM Enginfll!ltlnQ 0130!2:Q04 12: 1i> PM Shoron Nr.wmi1n Accounting 2uptt.t",ifllor Oat. Approved By 1'ran.portiutl SlIIrviceti 1rurlsporllltløn Administration 9;3Qi;!004 1 :52 PM Nurm E. fad",. AIC? lnU1l ;pc)11~tlon tJI",ision AU!nÌlH!dratur Dote Approved By l'fanapur1 0I1 Servic.., Tnnøpalt!lUon ServIces Admin. gr,iDI;l:004 ":27 PM OIan* Perryn,url Eucutt..... s.ecretary Dale: Approved By TranaporticJþ1 ServicCl8 Tr..nsport.nion Sel"lllCID5 Admin. 1Q/112004 10:39 AM Pat Lðhnhl1rd Admlnhitta1iVð Anistant Date Approved By county Manu;...'.!! Orlit;" 01111;;. of MUllilgelnt'l\t &. Buc; glt1 101112U04 11:01! AM Suoiu.. M..nayemüntl8utJytrt Anulyt¡t 'Ogtu Approved By SlJsan U"IH&r Co\!nty M..nnger'n ()f1'ìç~ OffICI! of Mm\lllil~menl & Budl}lI't 1011120tt4 1:37 PM Mlch"CI'I BmykDw,ki M~'I'tIgl!'ml!'"t & Budglrt Director Onto Approved By CUUI'~Y MundytH'1I Off4ue Oflict! (1' M4tnlloyeUlumt & Uudg.t 10{4r¿004 12:45 PM Jllrrle!:l V. Mudd Cuunty M.I'\UYlI!t Oat4!l Approved By 8op;rd of Cnunty Comminloners Coul'lty Man,tgar':t. Offic~ 101511.004 8:S~ AM J "'- : : VANDERBILT BEACH ROAD EXISTING 170' ROW S 89'34'03" E / SO' J5' I I- ~ '. í5 ~ 8~ w .....(f) .....J <.?~ ð 11=>- (I)<{ Ix3: Z wo <{ o e::: Notes: 1. Thl. I. not a IIUrvey, 2. Ba.l. of bear1ng III the South IIn. of VanderbIlt B.ach Road being S 89'ð4'03" E florida State Plane Coord1nat.. NAD 83/90, Ea.t Zone. 3. Subject to .aeements. reaervatJons and r..tr1ctron. 01 rscord. 4. Easements .hown hereon are per plat, unl... otherwl.e noted. 3, ROW repr_nts Right 01 Way. 6. P .O.B. repr..ente Point of B.glnnlng. 7. P.O.C. repr.s.nte Point of Commeno.ment. 8. Portion 01 S.ctlon 4, Tawnllhlp 49 South, Rang. 28 East. REVISED PARCEl. 04/24/2003 REVISED 03/03/2003 REVISED PARCEL 01/31/03 ORO.£T NO.o eøotn '_1:1. NO. , 140A WI/s#nMllle,·aw- ~~ -..,............ .-.-,.,....- .~- IIIIIaIMr. ~ .·AII....·_ ._... --""'.......--.--."'........-- Apr 21, 2003 - 011:110:11 IoIUIIoIUR!þC:\IUR\04Z24\VANDY\1L372-I\.dwg EXHIBIT ...L ........1- of.J.- '!RACT 19 GOLDEN GAlE ESTATES UNIT 95. PLAT BOOK 9. PAGE 45 N ~ o 50' 100' 150' SCALE: 1".100' OESCRIPTlON: The Northerly 35.00 ,..t I... the w..t.rty 50.00 f..t of Troct 19 of Golden Gat. Eriot.. UnIt 95. oe recorded In Plat Book 9, Page 45 of the Public Recordede of Collier County, Florida. Containing 21,881.511 equare feet or .5019 aeres, more or r.... QUÐ<"I\ BOUTWEU., P.S.I.I. (FOR THE FIRM) C, 0, 3934- (DAlE SIGNED) NOT VAU WITHOUT THE SIGNA'nJR£ AND THE ORIGINAL RAISED SEAL OF A FLORIDA UCENSED SUR\lEYOR AND MAPPER CERllFlCA lE OF AUTHORJZA llON LB I4J rrJI , ~ COf.NTY t::Jf!!PAItT'WIl!NT OF '7RAM.!If'IORTA T70N SKETCH NÐ ~/tuN DAn:: KI/JIØQf I'LE HO.l "'-372 PItOÆCf NO.1 ~ No. B5 OCLOb r 12, 04 1 age f7 ·_._-_._.,--""",~-._..., . .........-..-.-........."."--. J \ "-rl Agenda Item No. 85 er12, 04 Page f 7 .* VANDERBILT BEACH ROAD EXISTING 170' ROW EXtBf-L ....~of~ I EXIS'IIHG )SO\JTH ROW UNE ~30' DRAINAGE E~T _ ----- _ TRACT 19 COLDEN GATE ESTATES UNIT 1111. PLAT 800K 0, PACE 45 NORTH 105' OF 'niE NOR'I1-I 180' OF TRACT 20 N SOU'I1-I 71S' OF THE NORTH 180' OF TRACT 20 SOU'I1-I11S0' or: TRr\CT 20 1. Thll '- not II IUrwy. ~ o 50' 100' 150' SCALE: '"·100' L£GAL DESCRIPTlON Bllng II PortIon of Tract 10 of Colden Oat. Eetot.. Unit 011 01 r_nled In Plat Book II, PQga 4ð of the pubnc Raoord. of Coiner County, FlorIda; beIng· morl porUoularly dlllOl'lbad CItI fo/lowa: Not..: 3. Sub)aot to 'OnlMl1t., r...rvcrllona and r..trIotlon. of r.oord. Commenc:lng at the loutnw..t oom.r of laId Traot 19; theno, N.89'31'02"E., along thl IOUth nna of laid Tract 1a, a dlltano. of 50,00 f.at to Its Int.r.aotlon with thl IOlt,rly boundary of the 100,00 fl,t road .a..ment for Logon Boullvard, and the POINT OF BEGINNING; thlllo. N.OO'28'58"W., along tha .alt.rt)' IIn. of lold Traat 19, for a dI.tanal of 175.40 f..t; to a point lying 31S.00 f..t loutherly of. when mlGlur.d at a right angle to the North IIna of lold Troot la: thane. s.aa·J5,4'03"E.. parallel with the North Ilna of aald Traot 19, a dlatanCltl of 71.110 feat: thane. S.02'15S"4"W., II dl.tance of 174.ae fa.t, to 0 point on thl South IInl at laid Tract 19; thenCltl S.8IiI·31'02-W.. alang the lOuth.Fiy IInl of .old Tract 19, a dl.tanoa of 81.86 t..t to thl POINT OF BEGINNING. I!.. Ba.ta of baarlng II the East Itnl of Lovan Boul.vard b.lng N 00'28'58" W Flarfda Stota Plans Coord1nat.s HAD 83/110, Ea.t Zon.. 4, Eceamll)UI shawn herlon ora 'pI/' plat, unla.. otharwla. notld. 15, ROW r.pr...nt. Right of Way. ContaIning O.28a acra.. more or I.... 8. P, O.B. rap,...lIIta PoInt of Ba9lnnln9. 7. P.O.c.rapraaenta Point of Commenoamlllt. REVISED PARCEL 06/17/03 RE'VISEO PARCg. 0&/08/03 RE'VISED 03/03/2003 REVISE!> PARCEl. 01/31/03 _110.,."" 'AAGÐ. NO. I U08 WlI.MIII. . _................-.- .,.....- .~- IIIIøIMIII; .. __........_.-=r:....~..:...__ .Ai. 17, 1003 - ,..:noli III.AIIU \lUll U4\Y~V\II.3TI-~dwt CUlllfl: BOUTWElJ... P.S.II, (FOR THE FIRM) . NO. 31134 D (DATE SIGNED) N T VAUD ¥I1THOUT THE SlCNA1URE AND THE ORIGINAL RAISEO SEAL OF A FLORIDA UCE'NSED SURVEYOR AND MAPPER CER'T1F1CATE Of' A\J'niOR1ZATlON L8 f43 oot.L.Øt ooc.t\ITY ""A1ff'a8(T ot"~ATJON 8CI!!1CH NÐ ~lk:>rI ~ _.__...._'"...._-"._,.._._.~...._._.. ...........--.-.........."'-..-- ....---....-....-..- ""' ,......'---'~,..._-_......_........__....._-"'''. ..... Agenda Item No. B5 October 12, 04 Page f 7 PROJECT: Vanderbilt Beach Road, #63051 PARCELS: 140A and 104B FOLIO: 4182080009 Prepared by: 11 E--ire E11.~ T. Ch~ , .,. Office of the Coøt.1 AttorN' 3301 (nt T_I..1 Tr.n lI.plts, Florida )4112 (941) 774-8400 DECLARATION OF RIGHT-OF-WAY FOR ROAD, SIDEWALK, DRAINAGE AND UTILITY FACIUTlES THIS DECLARATION is made this day of ,2004, by COLLIER COUNTY, a political subdivision of the State of F1OOda. having a mailing address of 3301 East Tamiami Trail. Naples, Florida 341 12, hereinafter referred to as "Declarant. " Declarant is the owner of certain real property situated in Collier County, Florida, more fully described below, hereinafter referred to as the ·Property." See Exhibit" A" which Is attached hereto and made 8 part of this Declar8tlon. Declarant hereby declares that the Property is and shall be used and occupied for the purpose of constructing and maintaining roadway, sidewalk, drainage and utility facilities as Project Parcel Nos, 140A and 1408, described in Exhibit "An, attached hereto and made a part hereof. This Declaration may be amended or terminated by an affirmative vote of the Board of County Commissioners. A TI'EST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk BY; DONNA FIALA, Chairman Approved as to form a~~~ Ëllen T, ChadwellAssistant County Attorney -. ...... h·__._.... __.~_. _\ '-- : : Oe,tob : No.1 B5 12, 04 ge 6 f 7 VANDERBILT BEACH ROAD EXISTING 170' ROW EXHIBIT ..8..- .....-LoU- l 50' I 0 t- Q::: 1 z c:( . w > O::E W ow ..J ......(1) ø~ 5 11=>- (1')« ¡ 51 ~), : II~ II~: I;f i!;!\ B~ B~ . ~..I ..I I Public Right-af-Way ..~,-_.,,,,.,---_........._,-_..,,,_._..._...._,,_.,-"--_.- 11tACT 19 GOLDEN GA. TE Dr" TES UNIT 9~, PLA.T BOOK 9, PAGE 45 N Not..: " Thill ,. not a II\.Irvey. 2. Balle of beœ1ng JI th. South line of Vonderbllt Beach Rood beln9 S 89~4'03· E florIda stat. Plan. Coordlnatel NAD 83/90, Ealt Zan.. ~ o 50' 100' 150' SCALE: ," - 1 00' 3. Subject to .asem.nta, re_tlone and r..trlctlona of record. 5. ROW repr..enbt Rlvht of Way. DESCRIPTION: The Northerly 315.00 f..t 1_ the w..terly !SO.OO feet of Tract 19 of Golden Gate EIotat.. Unit 9!S. 01 recorded In Plot Soak 9. PoV' 45 of the Publlo Reoord.de of Coiner County, Florida. ContaInIng 21.881,59 .quare f..t or .5019 acres. more or I.... 4. Eoaamenu ahown hllf'eOl'l ore p.r plat. unle.. atherwls. notscl. 6. P.O.B. represents Point of BtIj lnnlng. 8. PortIon of Ssctlon 4. Township 49 South. Range 26 Eaat. 7. P.O,C. repre..nts Point of Commencement. REVISE!) PARCEL 04/24/2003 REV1SEO 03/03/2003 REVISED PARCEL 01/31/03 ......cr NO.1 eøom ,Mal. NO. 'S4QA CUDlT, """"'118'·'&-- ~~ _............. . -.-."."".....".. . ~~ .........." IIC\ . . _.........._~...-=-=.=:...__ DAm 1QI.. "'" :IS. 1003 - 011150,11 1oILAWU1II: XI\SUR\04U4\VANDY\1L372-A.d"" SICI!!TCH AtÐ ~TION t% NO.1 L-37.2 ....,,,...."~~---- ,- ------...-.-.'<.........-........--.--. --"..........~,.__...,~.__.... -- J ~ II Agenda Item No. 1 85 er 12, 04 Page 7 f 7 VANDERBILT BEACH ROAD EXISTING 170' ROW EXHIBIT A .....-2... af..l.... 35.0' l -- . -.--.....--.-.".--....-- 'TRACT 111 GOLDEN o,t,T! EST,t,T!S UNIT 95, PL.Þ.T BOOK 9, PAGE 415 NOR1li 105' OF THE NORTH 180' OF TRACT 20 N SOUi1-l 75' OF THE NORi1-I 180' Of' TRACT 20 SOUi1-l 150' OF TRACT 20 Not..: ~ o SO' 100' 150' SCALE: 1".100' LEO,t,L. DESCRIPTION: Belnv a Portion of Tract 19 of Golden Oate Ena... Unit 95 as recorded In Plot Book 9, Pave 4ð of the Public Recorde of CoUler County, Florida; beIng more particularly deecrlbed CI1I followr. Commenclnv ot the southwnt comer of sold Tract 19: thenoe N.811·31 '02"E., olano the eouth line of said Troot 19, a cn.tonee of 50.00 fest te> Its Int_ctlon with the eCltlterly boundary of the 100.00 f..t road eaeement for Logan Boulevard. and the POINT Of' BEGINNING: thence N.00'28'5B"W., along the eaeterly line of eald Tract 111, 1M a dtstance of 175.40 f..t; ta 0 point lying 35,00 teet southerty of. when measurad at a right angle to the North line of eald Tract 19: thence S.89'54'03"E., parall.1 wIth the North line of sold Tract 19, a ~tanc. of 71.90 f.et; thence 5.02'ð8'14-W., a distance of 174.96 feet, to 0 point on the South IIn. of sold Tract HI: thence 5.SII'JI'02"W., along the lOutherty IIn. of sold Trac:t 19. 0 dl8tance of GI.66 fset to the POINT Of' BEGINNING. 1. This II not 0 survey. 2.. Baele of beorlno Ie the Eaet line of Lovan Boulevard being N 00'28'58" W FlorIda Stats Plone Coordtnot.. NAD 83/90. East Zone. 3, Sub ect to e_menta, r..ervatlons and restrlctrane of record. 4. Eaeements shown hereon are per plat. unl... otherwl.. noted. 5. ROW represents RIght of Way, S. P.O.B. repreaents PoInt of Bll9lnnlng. Containing 0.2119 acre.. more or 1_ 7. P.O.C. repr..ents PoInt of Commencement. RE\1SED PARCEL. 0fS/17/03 R£\1SED PAACEL 05{08/03 REVISED 03/03/2003 REVISED PARéE!. 01/31/03 """""'T ""', «JOð'f .AIIa'J. NO. '14(8 CUI!IIb WI"'Iei··~- W~ _............. .-.-......._.---- -¡;,,;;;=..tt-._ 0.'" -...-.....- ·__·IIr_._ _ IQ/ IØQ r .Am 17. 2003 - 111:1&51 IoUMUII!:þ(: \IIIR\042Z4WAHOY\IU72-A...... BOUTWELl. P .s.M. (FOR 1liE FIRM) , NO. 3934 ø (OATE SIGN EO) N T VALID ""THOUT THE SlGNAìVRE AND THE OR1GINAI. RAISED SEAL. or A FLORIDA UCENSED SURVEYOR ANO MAPPER CERTIFICATE OF' AUTHORIZATION LS 143 c::c:x.J.I!!R CCXIVTY lJIPA1mAØ!NT OI"~ATION SKI!!T'CH AIÐ ce-r.-, lr.1N _ 0 ~ODØ P'I.E NO.1 L-37R Agenda Item No. 1686 October 12, 2004 Page 1 of 4 -- ; EXECUTIVE SUMMARY Recommendation to award a construction contract in the amount of $44,069 to Subaqueous Services, Inc. and allocate $4,407 (10% of the construction cost) for contingency purposes to dredge the outfall at Naples Park in the Vanderbilt Lagoon, Project Number 51004, Bid No. 04~3704. OBJECTIVE: To receive Board approval to award a contract to proceed with the dredging work for the Naples Park Outfall Maintenance project located at the storm water outfall to Naples Park in the Vanderbilt Lagoon to remove sediment due to construction. The contract amount is for $44,069 as per plans to the lowest bidder, Subaqueous Services, Inc. and allocates $4,407 (10% of the construction contract) for contingency purposes. CONSIDERATIONS: The bid was advertised on August 20, 2004. Three (3) bids were received by the due date of September 10, 2004 from Naples Dock, Stemic Enterprises, Inc. and Subaqueous Services, Inc. The lowest qualified, responsible bidder was Subaqueous Services, Inc. in the amount of$44,069. The 10% contingency funds in the amount of $4,407 (10% of the construction contract) will allow staff to proceed with unforeseen conditions, scope additions and modifications or any other unanticipated necessary tasks in a timely and efficient manner. FISCAL IMPACT: Funds are available within the Stormwater Management CIP Fund (301). The current budget for Project number 51004 is $99,851. Awarding the contract to Subaqueous Services, Inc. in the amount of $44,069 and a contingency fund of $4,407 is within the budget. Source of funds is Ad Valorem taxes. GROWTH MANAGEMENT IMP ACT: The dredging work is in accordance with the goals and objectives ofthe Drainage Sub~element of the Growth Management Plan for Collier County Stormwater Management. RECOMMENDATION: That the Board of County Commissioners: (1) Award contract 04-3704 to Subaqueous Services, Inc., for the Naples Park Outfall Maintenance Dredging, in the amount of $44,069. (2) Direct the Board Chairman to execute a standard County Attorney approved Contract with Subaqueous Services, Inc. Executive Summary prepared by Margaret Bishop, Project Manager, Road Maintenance Department, Stormwater Management Section. .--- Agenda Item No, 1666 October 12, 2004 Par)" 2 of., COLLIER COUNTY BOARD DF COUNTY COMMISSIONERS Item Number Item 8umm.ry 16B6 Me.ting Dete Recommel1clatiDr'\ to ,ward B CDT1Qlruct¡on contract in t~e amount of $044,05Q to Subaqueous Sl!:rvn;c$, Inc. 1~ dredge the outfull ü~ NSlpjeu Pork in Iht; VliIl1dl!!rbllt Lagtlan. Project Number 51()(l4, Bid No. 04.:nU4 10,."12;20049:00:00 AM Prepared By Dat.e Margaret A. Bishop Ptojm:t Man.,""r 9117/2004 4c2,p¡:1i\ PM lroiJn5portiQn Stuvi(;{UI R( lId Mltin'~n;ln(;Cl/Stf)mlwlllttlr Approved By r~( m E. Feder, AJCP Tr;)",~ :..,ti1tjOI" Oll/liIIlon A.drnìniAlratof Oat!'! 1 ransportion Services Trani:portj tion Service5 Admin. gr,l:1I20U4 1 :23 PM Approved By Ricardo Valera Director O;lte Trllnßþnrtian Service.. RO/ld Mllintf!nllnCII/Slc)u"w"tnt 9f22/2004 2:59 PM Approved By 5hnron Np.wmnn Ar.:I:nlln'tlng Supetr\llsot Dal(': Tran.portion ServicN Tranliportøtioll Atllninlatratiol'l 9/30/2004 2:14 PM Approved By Kelø.y Ward San")!" .'Llrchuln;. 4Ind COfItUU:ts Agent 0.'" Adminiatratlve ScerllicC'I$ Purr..h.u.ing 10/112004 "Ii :26 AM Approved By Pat LClnnhard Adminh.ttstive Auis\al\t o.t< County M"nagtH'1i Office QmcII of Mô.lrUI~ltlnl!tlt & 8udQU1 10J1/200412:;D6 PM Approved By SUllen \hltlnr Snn¡ot M~nu...e.m~n JBudge.1 An.nI\"11 f)al(" County M.lIIHlger's OffIcI' Office of MJllIlIglllmtl1'\t ß audg.1 1C/1/:!0041;24 PM Approved By Michul Smykowllkl MnnaQftmel1t & Bud9~t mrector 0... COlU\ty Mal,øger'ø Office: Offjçt: of Manlilgement&. BuØge1 101412D041 :1~ PM Approved By Jalnea V. Mudd P.J.oard of Caunty CommÍ$l5ìoners Gounty Managef D.te CClunly M"naWftt"1i Offi~l~ 'to¡4i2:00,( 6.~~4 PM Agenda Item No 16B6 October 12' 2004 I~~ I 101 II Page'3 of 4 ~I~ ~ I I g '0 · OJ CIJ .. rn 1ft IU Z -. CIJ "'" VI Ii) þ) 0. j II I I~ ~ iì g 1;> ! i1 II I I " ~~ I ! i ~p ;::;: 0. ::; I ...... :::r: I . ~ I ,011, , ,I I I ~ ,~ ~I 10" ~ f I I ~ '" 3 ~ I ," ~ g> ~ ~ I I j: ~ ~!~ i j j III i II <~ I '~, ~ .J 'I,' I UI II "ç;, ~ I -I i I 11 I 00 1(1) en ¡ -< 'i ~~, ~ .L I ~ ~-ê -, I I ", I ~II~~ II T III I I II I 1-< I ! : i I i ì 1 I ~ (Q ( ) ...... Q. -'- I . -t+ II f I . I .J J I III ~-l...- I - . z þ) "0 1* ~ ëõ CI) 5. UI I~ ~ ~ o ( )o o " 18 : Qa .._L-..._ , , I I ...- .. ¡ ! I ! I I I I , II I I I ..l '- ." ~'ª S'~ .,,~ ~J» m~ R-cc CD >;; c§~ c: tI> !!lcò I\)~ p~ NIJJ 8 (ij' .þ.ð "0 - "'C 8 ... ~~ ~ êf :DCD ~~ <II ( ) ~. ¡; ~.þ, w co COLUBR C01.JNíY BOARD OF COIJNTY CO.M:M!SSIONERS n.RMJT DRA'MHOSOP' PROPOSED NAPLES PARK OUTF",-\LL IVl.J\INTENANCE DR.EDGING PROJECT LOCATION 'MAP !PROJECTLOCATION VANDERB# BEAOH ,RD .~ i: ¡ ! ¡ .... ~ 8 o ~ !J1 ~ ,b. c :t ~ ~ c ~ ":!of " ~ !: ~ G') :n ,0 ": t Id ,PlNERtoGERO (JR1I~INlIl.W.c1 RK t"lAINTE.NANCE:: PRI)JECTt<ro. 51004 SHES No 1 (If' A '';I I) I :it Ii) U) ~ ~. ~ t .... - ~ CIt. l¡ ,._._,,-~'-".^ Agenda Item No. 16B7 October 12, 2004 Page 1 of 3 -- EXECUTIVE SUMMARY Recommendation to approve the use of transit enhancement funds (313) to purchase two new transit buses under Florida Public Transportation Association/Harline contract 2003..Q7 -01 trolley decal wraps and necessary equipment (in the estimated amount of $573,000) OBJECTIVE: To acquire Board approval to purchase two new transit buses, trolley decal wraps and necessary equipment utilizing Transit Enhancement Funds (313). CONSIDERATION: The Collier Area Transit system's current service level requires a total of eleven buses, This represents nine buses for existing routes and two spare buses. Next year, Collier Area Transit plans to expand services and the additional buses are needed. -- Staff requests approval to purchase, through State contract, two new Gillig 24- passenger transit buses from Gillig Corporation, Haywood California, at a cost of approximately $573,000. The buses will be purchased utilizing County Transit Enhancement dollars, which the County will be reimbursed from Federal Transit Administration (FTA) funds in the amount of $573,000 that has been allocated to Collier County. Prices include installation of radios (through a State Contract with Communications International, Sole Source approval granted by the Board of County Commissioners, 9/14/99, Agenda Item No. 16.E.14) and trolley decal wrap by Stan Mittsrrrolley Illusions, The trolley wrap replicates that of current buses and is copyrighted by Stan Mitts, and hence this component of the project constitutes a sole source acquisition. FISCAL IMPACT: The total cost for the two new buses is $573,000. The purchase will be initially funded from Fund 313 Project 61010 Gas Taxes and then reimbursed by FTA funds, The reimbursable amount from Federal Transit Administration (FTA) funds is approximately $573,000, GROWTH MANAGEMENT IMPACT: Consistent with Object 12 of the Transportation Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve: (1) the purchase of two new transit buses through Gillig Corporation under Florida Public Transportation Association/Hartline Contract 2003-07-01; (2) approve the purchase and installation of radios through Communications International (Board approved sole source 9/14/99, 16.E.14); (3) waive formal competition and authorize the purchase of the trolley decal wraps through Stan Mitts, who owns the copyright to these designs. The estimated total amount of these expenditures is $573,000; and (4) approve any budget amendments required. Prepared by: Lisa Hendrickson, Senior Planner, Department of Alternative Transportation Modes ,.,,"'--' AgonrJa Itom No. 16B7 Oc1obo, 12. 2004 P¡:lgl~ 2 of 3; COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number It.m Summ.ry 1687 Meeting Date Rr,¡cClmmendalicn to approve the Uloe af tt!",-!t ~ lhl!l lcement fundI> (213) to purchai!ie two now tram;iit buseu under Florida Public ìHifl$poftalion Assodation/Hllrline l,¡ontrlt\J12003"01 01. trollt:y de,:"! WIOPfò IIfI(j nec~!!o"iHY ~( uiprnent On the estimated amf)~Ult of $573.000). 10/12120049:00:00 AM Prepared By D... UIHI ·lelHlrlr.k"Dn Man..gnmcnHAudflrtt Al'lá!yllt !1124n004 1 1:01:48 AM lrantif:!c>rUDn SI(!'V!CI~1I Tmffk. Opt1faUQMI A1M Approved By Lis.a HMdr!c.kfion Ma"açte~ntlBudfl~t An"ly.t 0... Transportion Services Traffic Operationil! ATM 9f24/20~ 11;02 AM Approved By Brenda Brllhart r~urcM.ail'lg Agent Da" AdminlstratiYc Snrvlc::lt1J Pllrc:-hning 9/:27/201143:44 AM Approved By Dip-rut ß, HaaG Tròlffic OJ:Wtr.tions anrJ Alt Tr,¡m., Mo<1es Director Ollltlfl Tn)flliporlinl) S"rvÎc:r!1i Tr;)ffÜ:: 0PIHut¡On/ll ATM 9/27/20042;16 PM Approved By Pa nl !la J. t.olich Pra~ Moo«gel 0"", rròlnapDrtlon Serviel!" TrJftlc OpøraUoMI ATM ~127'2004 2:36 PM Appreved By Steve Carnell PurchninÇJll3enefa $.vc.'I Oiroctor Date Admiulßtrati\lo Servioltß Pun:haaitlg 9/29/2004 jl:12 p~ Ap.proved By Sharon NIWmll1n Aç[~( lmt¡n~ SlIpcrvÍllIDr 1).GlfI TWlt.porth)!! SCHVICI!K TraruòþorW1i(!n Adl11lol¡¡iraliQI\ i/JOr.z004 1 :54 PM Approved By DiAne Petry"UIIn Execu1h..e Secretary DBte Triinsporti'On Stlr.....íccn Tran"port3.tion S.er'JlclI!!s Admin. 10,1(200410:44 AM Approved By Norm E. r.,der, A1CP Tr.nl'portatloll Division Admlnlt1trator D:IIteo Tr.nlJpor1ir:m $OtvtClDti Ttf\n$porto.Uon Seno"lceR Ad!"I" 10/1/20041':13 AM Approved By p¡!t l.ehnhurd Administrative Al$øiKtanl Oale! County Manager" OffIce Ortieill' 01 M4IInagemt'f'lt is. Budg.e' 10/112004 12:03 PM Approved By s.U1ian Uvher S-enior ManagementlBudge1 A"atyst 0... COllnt)' M¡uuIQe!r'.!I O"~ce Ol'fi(;e of MJ1l1ng4ln'lI!nt... thldgCll 10/4120044:26 PM Approved By Mlc:h¡Ufl Bmyk!)wllkl M¡u,ugC!mbn~. &. Uudgetl)irt!cl(J( Dutf!' County MAn;\Qlflr'fI, Offlc.e t,)ffj(.e of Man:llç Ittn1C'1nt 8. Br.Jdgl!lt 10(S1200'" 9:0fj AM Approved By Jalnva V. Mudd CQunty Manager Date Board ('If County CommÎøsl()nttfiS. CounlY Mõlna"j~t'r; rntir.:1f 101'5/200.4 12~56 PM o Agenda Item No. 16B7 October 12, 2004 Page 3 of 3 . , U,S o,partmeJ't of !r.ansportâtion' Fedelill Transit Administration , ' ,REGION IV Alubamw, Pkmda, G-eurg á, Kentucky, Mtssítl$i~p¡. lItorti:l C<1I"t)Un.a. PIIMO ;ow.:o, S!)uth Cllfl)lil1li., Tt!lnn~ ôì' FOl"$ytb Street ß.W Suite 1 1150 >, Atlan1a.. èA 30303.891; 404 ,6S?:3500 e .t04.bS2-3506(fnx) Scp.tet:nber 14~ 2004 !vis. Elizabeth Suchsland General Man~~r Collier Area Transit 2901 County Barn Road Naplcs,F.L 34112 Dear ÞÆs" Suchsland: r have received your letter of request for a Letter of N() Prèjud¡c~ for the pur~ha.se of two tnmsit buses, usrng FiiiCtd Year 200~ Section 5307 Urbanized Ares, Formula Apportionment fund~L : T~ the- red~ia' . Register publish~ February II! 2OQ4 for the FT A Fiscal Year 2004- AppoItiOJÌIjleliis. it is statccL that ITA Is CXlœ.ding1he pre·awa:rd authoritY taf~fôr.1l1ula'fimds and f16xiblc Jund~lbafwil1 be appropriated in FiscalYeaJ'200S"h I1rrrnt::r st3r~s.:tlíar I.n Ù'si:ng pre- award,authority fðT FY 2005 formula funds, bTJ'antee5 are cautioned thatreauth'odzi:itifm may resuJt tn. þtogrant structure, B<hninistrative requirements, orPJ.nding, av.aitah!lhy As \\'i1h allpre.awerd suthorirj, ac,t1vilie..ó; mtl~t be conducted in compliance t\~th Federal requiremenl$ t.'I') ordt.'t' mretain eligibility for futme reimbursement. The Federal requirements àfe sp:~..dfied inFTA Circular 9030. } C which is the circular for the Urbanized .>\rea. FOrtnula Prograre. The Circ.ular incorporates cu,,"I'en1 statutory and programmatic requircmclUs for pro.;ect$ 3$.$iBted under the Section 5307 program. If you should have tiny further questions, please contact me 3t 404/562-3509. S72J1 íh ~~ Elizabeth B. Martin Î,nmmunitv PIam1ër Agenda Item No. 16C1 October 12, 2004 Page 1 of 6 .-- EXECUTIVE SUMMARY Recommendation to adopt a Resolution approving Special Assessment Hardship Deferrals for certain Sewer Special Assessments for the 2004 tax year. The fiscal impact Is $18.50 to record the Resolution. OBJECTIVE: That the Board of County Commissioners as the Governing Body of Collier County and Ex-Officio of the Governing Board of Collier County Water-Sewer District adopt a Resolution approving the deferral of sewer assessments pursuant to the hardship program that was adopted in the year 1994. CONSIDERATIONS: On March 8, 1994 the Board of County Commissioners adopted an assessment hardship program that provides annual assistance for property owners who are living below the poverty level and who are at risk of losing title to their homes as a result of each assessment. Staff reviewed the applications for the next fiscal year and determìned the portions available for deferral according to the Federal Poverty Guidelines and other specific criteria set by the Board. The deferred amounts will not appear on the 2004 tax bills, Each property owner must renew his/her application on an annual basis. ~ Property owners who qualified are identified as follows: Proiect Account Number Deferred Amount Percent of Deferral 51000 255651 $ 214.64 70% 51000 230605 $ 257.57 100% .51000· 361655 $ 143.09 ._- 70% ---'... ---..-.-..-- 51000 450508 $ 360.02 100% 51000 406808 $ 306.63 100% The County Attorney's office has reviewed this for legal sufficiency, ,- Agenda Item No. 16C1 October 12, 2004 Page 2 of 6 FISCAL IMPACT: The fiscal impact of the proposed deferral for 2004 is $1,281.95. Sufficient funds are available in the Collier County Water-Sewer District debt service fund to ensure compliance with current debt service requirements. The recording cost of this Resolution in the public records will amount to approximately $18.50, which is to be charged to the County Water/Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: The Utility Billing and Customer Service Director recommends that the Board of County Commissioners, Governing Body of Collier County and Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve the 2004 sewer assessment deferrals and authorize staff to make appropriate adjustments to the assessment rolls prior to tax bills being issued and adopt the attached Resolution. PREPARED BY: Pamela Callis, Revenue Supervisor, Utility Billing & Customer Service Department. 2 A!J~n¡J1:t Ilf;lm N/.), 16C1 O('..I.DtJer 12, '00.1 Page 3 01 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item summary lI.J(;.1 (~~~;¡:¡rnn1~l'\durI0r1 !r.' ilOOrt 11 R~nwj~¡tr< 1\ UPNt1llíl'\g S~ec ¡ 1 Ä$Ulln1lnel1t H,1rd~h' I [)fI!lIrrll¡.. for certairl S8Wer Special A!lnIlSF'l~enl6 fOf the 2004 lax y,ar. The \Í5t;al impact i.. $1t\.50 to re'C'ðtd the Res.oiution Meeting Date 1\)!12mm4 ~:()C:OO AM Prep.red B)' Dat~ PAm CQUi5 RiNl'nue Supe,vl~or 912M2t1(' ~ ~:;¿(J::S6 PM PUÞllc UilUtlll:f. \JBC5 Appro\'cd By Johll A. Yatlku¡¡ky Utility Billing: O~rt!ctor Daw: Public UtlllUtlå ll8CS 91281200" 5.:\7 PM Approved By Thoma:¡ Wlde~ opßnations Dire¡."ÙU Dale P\IÞlic Utillllcn Public Utllltilltl O,)(uaUpn.. 8(29/200411:51 AM Approved B)' Tel"e$u Rleiien Revenuø Manager Date Public UtlUtieã UBes !tl2iJ2ûU4U:11 PM Approved By Jam¢tt W. Oltl.onv P...bll<: lJ1UUlr.$ Adn,lnføtrutlll Dille P,¡bli.c: lJtlllt\1PTo PubUc UUlltlelf A.dm~nl$lr.1l1lon 9/30/20011 1:50 ^M Approved By Pall..r.nn"...rd Adtnlnl$ttaU'o'e A$~hJtunt D"'" f.:olmty Ma"liíJ('rr'/i Oftic~ Omen 0' Mðn.aunmenl .. BUdg!l1 ßi!:\OII.OlM11;1:t AM Apl)roved By R.1Iody Grr.ef1W..¡d MlJn.Gßm~nllF.H, dO(!t: Ânoly$1 Dale CaIJII!Y Mlln",¡¡r.r'!i- Off'h:e OffiCf~ of Mllflagftn,el1l & ßudg!1't 9J;t0/2004 1'5" PM Appro\'ed B) Mu:¡h;1e[ 5mykoW!òki Mð"II\lWTtlent & Oud\let Dlrl\!C'wr Dille County Manag!!'r"" Officn mfice ot MIlÞ1IgernRl1t So FtuclgN 9/JOI200" l:01 PM Approved By JlI.ln~!Io V, Mudd Count}' Manu"." Datte Bellud af County Comrl\l~¡'I )"t!r~ (';o..."ty Mana.gltr', Offien 9):\0120047:61 PM .-v(D 00_ (DOO ~N"<:t ON( ) Z"'" 0) ....ro E( )Q.. ( ).D _0 ;t5 ,,0 c: ( ) 0) <{ at- wz O:::::J 0:::0 w:E LA-c( w o "<:t (D v ..... N ~ ,.... It) ,.... It) N ~ en o M v ..- ~ N o o (D M ~ M <C! (D o M ~ ~I v v v v v 0 0 0 0 0 0 0 0 0 0 N N N N N CDW"- M~"'" "-U)vM vl-N col-N ..J O>N 0...J1- OW~N OU)v °ON 001- g(%)o g~...J1- gWI- g...J1- c( ~c:::o Q C) co .- ...J CDO(%)O CD...JO coc:::O Q Z 1t)C)...J ~!::(%) ~IO...J M::::!...J CDO...J Q W 0 Cõl-O NI ~Z~ .... ..J ¡:: MZ coc:::O &I) oð CD:::>~ ~:::> vW« co~ ~~s: l- ll. CDZ...J .- ~f- !:::« u d æ NO(%) NW CD C/J ..0 CD + "0 .. W ..- ..W W Z U "OM 0- O(%) Ocr: 0C)"- ., U) 001- zU) 0 0 Z Zw z9N W ZO- ~ 0U) OZ 0::: ::¡ 0 o Z 00 _W 0C::: 11. :J ::> :Jo -c::: 0 ...J...J ...J:::> -~ LA- O oc::: 00.. 01- ...J« u. u.(%) u.~ u. fro c( .... ãi X >< ~ (/) Ol-v WZv ~~W~ C:::WN WNWN (/) -U)O >...JO 1->"- cr::::>::>"- 0::: w 1-i1j'- ~>-~ --:::>.- - ..... oc:::z"'" w U) v »Zv ZC:::v ~ 0::: o M C)~M WWWM ~OM I-O~~ 0 1I1~...J OO>...J ~Z«...J 0 >-«...J I-I-«u. OZ...J en c( züu. (%)(%)u. ZZO oQu.. ...JZSu. 0 ã: c::: . . ~ui 00 - ~I-U) «« - J: I- _U) >WW u.u.°æ U)« U) t- U Z ~OW W:::>W - W ::J W c( I-...J ~M...J . « ~...J ...JI-...J ~OC:::...J ., :::>0.. No.. W a. «¡::o.. ...Jã:C:::1l. 0 0 w Z« C:::M« 09z« C)cn« WI-«« en 0::: :E OZ o,....z U)cr::JZ ZZ I-«(%)Z 0 Q., c( Z ZWv 0 U)o..~ Z Z 0 O~CD Ü c( 0 u. en en Ü ...J N N N I- « N en 0 « en W en : : : t- ..- It) It) co co Z It) 0 It) 0 0 ::J (D CD CD It) co 0 It) 0 ..... 0 CD It) M CD It) 0 U N N M V V 0 c( ~ il 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ..... ..- ..... .... ..- It) It) It) It) It) Agenda Item No.1 C1 October 12, 2 04 Page 5 f 6 RESOLUTION NO. 2004-_ RESOLUTION NO. CWS-2004-__ RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS AS THE GOVERNING BODY OF COLLIER COUNTY, FLORIDA AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER"SEWER DISTRICT, APPROVING THE SPECIAL ASSESSMENT HARDSHIP DEFERRALS FOR CERTAIN SEWER SPECIAL ASSESSMENTS FOR THE 2004 TAX YEAR. WHEREAS, the Board of County Commissioners in Its Individual capacity as the Governing Body of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, (hereinafter referred to as the "Board") established by Resolutions No. 96-358, and No. CWS-96-ga program for the deferrals of special assessments for water and/or sewer improvements for homeowners who qualify under said Resolutions; and WHEREAS, Section Eight of said Resolutions provides that the Board shaUapprove by resolution the special assessment hardship deferrals which shall include the property owner's name, mailing address, legal description of the . property, property folio number, the name of the special assessment district, account number and the amount of the annual special assessment payment being deferred. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY, AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT THAT: 1. The owners Identified on Exhibit "A" have been approved for the special assessment hardship deferral. 2, This Resolution shall be recorded in the Public Records of Collier County, Florida. 3. This Resolution shall become effective immediately upon its adoption. Agenda Item No.1 C1 October 12, 04 Page 6 f6 THIS RESOLUTION ADOPTED after motion, second and majority vote this _ day of . 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY By: DONNA FIALA, CHAIRMAN Approved as to form and legal sufficiency: .---c-C - ;; ~ / ;-,A Robert Zachary ,- Assistant County Attorney 2 ~- Agenda Item No. 16C2 October 12, 2004 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1992 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $40.00 to record the Satisfactions of Lien. OBJECTIVE: Adopt a Resolution approving the Satisfactions of Lien for residential accounts where the County has received payment in full for the 1992 Solid Waste Collection Services Special Assessments, CONSIDERATIONS: Resolution No, 94-668 adopted by the Board on September 13, 1994 provided for the recording of the list of 1992 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No, 94-668 was recorded on September 19, 1994 in Official Record Book 1986, Pages 766 through 942 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1992 Solid Waste Collection Services Special Assessments. . Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution. The attached Resolution lists the three accounts that have been paid in full for the 1992 Solid Waste Collection Services Special Assessment Liens. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Liens and the Resolution is approximately $40.00, which is to be charged to County Water/Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the three Satisfactions of Lien for the accounts listed in the Resolution and authorizing the Chairman to sign these three Satisfactions of Lien for the 1992 Solid Waste Collection Services Special Assessment Liens. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service Agenda Ilf.!m No, 16C2 Or.l[)tJer 12. 2004 Page 3 01' 7 COLLIER COUNTY BOARD OF COUNTY COMMIBS O~ERS Item Number Item Summary 1'3f.;2 M.lttlng Date ;~el:[' mrnl!!""dati!JIl 1(1 ~td()pt.!l r~"Iõ~h,!h¡)I' tl) itPWOve ttw S,1ti.lfm:ticrrf> of ..il!'n f¡¡r Sulllj Wutl!': rl!oildential 8CC.ou"lt. wi¡ereln the Counly has. received payment and ¡;aid Lie",,; are satisfied in full for the 1 :,)9;2 Solid 'vIiafole COllllcllon and Di5pouI6e~v¡ces Specie.! ASlienments.. Fio¡cal Impact j$- $40.00 to record thee S¡¡tislsctiora of lien 1 (]/1;:;¡")OQ-4 fi:OOOO AM Prepared By Dale PamCøUi9 RjtVII'nu(I SIJP"t'\'I~IO' Ø/l.j./2UOtl ~:01:12 PM Public Utilities U8CS Approved By ,Iohn A, Yønka.iky Utility BII1ir'!Ç! Oirll'(:tnr a.lf: PubUc: UtllìUe& uses 9¡2a/200o( 1i:040 PM Approvt'd B}' Thomu W1du Oþ1!flltion.s OIractor Data Pubflr; Utllltlœ.. Public Uttll1i.tI Opctr.tions 9/2912'0:(1411 :53 AM Apprond By TelllSU Rilwen Revelltl~ Managt!r Oiltit' PubUc Utllltie:t uBes 9I2tJ:tOO.j.1l:12 PM Approved By ,/lImitS W. OIlL!)"y P'ubllç UUJlUns Ad"lìrHII~r¡11ot Oale P\1bhc. UtiUtia$ Public UtUltjl!i!; Admlnisf,.tlon WJn1200< /j;:51 AM Appro'\led By P.tl.t1hnhnrd Ädmj"!$I....UVIll ASllintólnt f);I~(! r;oun1V MGMt}fH'S O'fflt:r. (')I't'íCII (11' Mnn<llU"'I1f1nl ... BIJdgtlt D/~O!},OI}4 ~1:1J. AM Approved B)' Randy Grej !nwnld MMlAonm(lnllÐudgftt A.n¡¡I)'1S1 Dale County MancQII'r', Ottíct' Ofttce ot Management" Budget "3012UQ4 :ì;18 I'M ApJ)rovcd B" Mlchilel Stn)l ("ws~1 MMilgemll'nt & BUdget Dlrl'ctot (Jata Cnunty Ma"nver'tõ orne-It Ofl'iCIII or MflnQoemlln~" Audg~t 9/30/20042:2.11 PM Approved B~' Jamn V Mudd County Managvr D~tl!! Bo.a,d of CQunty CommIY"¡Qf l!!'r~ County MIUIUgttt'$ ONh;¡~ 9/30(2:004 ~~::I PM Agenda Item No. 1 C2 October 12, 2 04 Page 4 f 7 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774- 8400 Property Folio No, 00106080005 SATISFACTION OF WEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Matz, Staven E=& Fran P.O. Box 2287 Marco Island FL 339690000 The Lien was recorded on the 19th day of September 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Three Dollars and Two Cents ($103.02) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 254727 W1/2 OF SW1/4 OF NW1/4 OF NE1/4 LESS W & N 30FT 4.34AC OR 1604 PG 153 Folio No. PROJECT NO, Account No. 00106080005 61000 6509 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _day of 2004, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: DONNA FIALA, CHAIRMAN ATTEST: DWIGHT E. BROCK. CLERK Approved as to form ~~~ency ___~ //-' ~ ~.vr I ___ r ROBERT ZAC ,GtÁy Agend¡;¡ Item No. 1602 October 12, 2004 Page 5 of 7 This Instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 26681200009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Uen against: Sizemore, Damon Craig PO Box 9664 Naples FL 339419664 The Lien was recorded on the 19th day of September 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the CIrcuit Court of Collier County, State of Florida, The Lien secures the principal sum of One Hundred Dollars and Seventy Four Cents ($100.74) plus accrued interest and penalties. if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: COCONUT GROVE UNIT 3 BLK D LOT 13 OR 1104 PG 1951 Folio No, PROJECT NO. Account No. 26681200009 61000 31202 Collier County, a political subdivision of the State of Aorida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County,· Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through Its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _day of 2004. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: DONNA FIALA, CHAIRMAN Approved as to form a~nCY'~'_''''"'7 '" )~ ROBERT ZAeHARY Agenda Item No. 1 C2 October 12, 04 Page 6 f7 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774- 8400 Property Fo1io No. 723826360001 SATISFAC110N OF UEN KNOW All MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Foggin, C Samuel=& Marianna M 64 Marco Villas Dr Unit R-3 Marco Isl FL 339370000 The Lien was recorded on the 19th day of September 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, The Lien secures the principal sum of One Hundred Dollars and Seventy Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SAN MARCO VilLAS II (CONDO) R-3 OR 1140 PG 415 Folio No. PROJECT NO. Account No. 72382360001 61000 142751 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through Its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _day of 2004. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: DONNA FIALA, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK Approved as to form a~ncy I( S /¿1 ROBERT ZAOÁAÁY ~/" ...... RESOLUTION NO. 2004 - ~ Agenda Item No. 16C2 October 12, 2004 Page 7 of 7 A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No, 90-30, as amended, the Board of County Commissioners on September 19, 1994 adopted Resolution No. 94-668 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1992; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt ótthe 1992 Service Year Solid Waste Collection and Disposal Special AssessrI'Ientfor the following accounts numbered below, subsequent to the adoption of Resolution No. 94-668, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf ot the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 6509 31202 142751 This Resolution adopted this _ day of second and majority vote. , 2004, after motion, ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DONNA FIALA, CHAIRMAN Approved as to form and 1,~~f11ç.œ,ncy: ",__~-"'/ (é~/t Ir David è. W gel County Attorney Agenda Item No. 16C3 October 12. 2004 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said lien is satisfied in full for the 1993 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. OBJECTIVE: Adopt a Resolution approving the Satisfaction of Lien for a residential account where the County has received payment in full for the 1993 Solid Waste Collection Services Special Assessment. CONSIDERATIONS: Resolution No. 94-694 adopted by the Board on September 20, 1994 provided for the recording of the list of 1993 delinquent solid waste collection and disposal services special assessment and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 94-694 was recorded on September 22, 1994 in Official Record Book 1987, Pages 1514 through 1749 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1993 Solid Waste Collection Services Special Assessment. Collier County Ordinance No. 90-30, as amended, provides that a Satisfaction of Lien shall be approved by Resolution. The attached Resolution lists the one account that has been paid in full for the 1993 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Lien and the Resolution is approximately $20,00, which is to be charged to County Water/Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the one Satisfaction of Lien for the account listed in the Resolution and authorizing the Chairman to sign the one Satisfaction of Lien for the 1993 Solid Waste Collection Services Special Assessment Lien. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service A.g'~rlda Ilf:lm Nt)_ 16C3 October 12, 2004 Page 2 of 4 COLLIER COUI'\TY BOARD Or: COUNTY COMMISSIONER.S Item Number Item Summary 16G3 Meeting D.te r~I!'O'onm~f'ldatiol\ ir.f éi,,~)pt $ r~el;t\II.!I':ir¡ to ",þprr.lY(! thl! S;¡¡II$ifild1(1" r.>t Lion ¡I)r II SolIe! W"i~tt!' relldenti.¡1 account wherein :he Goun~)i hat. received paynlent end said lieI' ¡Ii uti,fie-d In full for thE! 1 eS3 Sðhd Wute CoilecliCJn !!¡f\d DI.pont Servic£:tG Special Au.e6smt!n~ F'i5tilll itl1pect ilò $2"0,00 tú recúrd the SatÎ,fsctl('o1'l 01 Lien ',or1:"/2004 QOO'DD AM Pre-pared By Date Pam Camtl RlI'Vltrlue SUptrrvi90r 9/241200-4 4:UI!:36 PM PublIc: UtJlltio$ uses Approved B" John A, Yonko:J.ky Utility BiJfinl;! OirttctcH Oate Publlr. UtiUU'llS ur'¡Ç"s øml12004 2:17 AM Apprond By ThomaJo Wldes Opantioos Dirac-tor Olb! P'lblic UtiUtiln, PubHc Utll/tie!O Oøll'r.lltion$ \l12fl120lM11:56AM Appr(Jved By Tert!,U RI!lUII Revenue Marlòlgf!r Ollt~ Publlc UtlljtlC\1ò UfJCS UI2\1f'¿Ot)41l:U PM Approved B~' ,lames W. Oel.ollY Public U1IIItIcs AdmJnitlttHtUf Pat" Public; tHmtlu Public \JUlltif S Admlni5Ir.-tll:ln \'113012004 ":62 AM Approved By P lit LtI"",1I ard A.dtnlni$f'òI. I'¡IeAs"lItt,,,t OIlCr. County MilMgftr'~ 01tlcr. Ol'l'lc:c crt' MarHlgem~nl ... Budgnt If3U/;¿00411:U AM Approved By Randy Grr.enwilld MilfI.alaft ' ~nt lalJdØC!t Ä.ntlr 1'.'101 Dlle County Manuger's OtfU.11!1 Office of M8n.:J\1em_IH " BUdQ~ 91;,(Q12004 2:19 PM Apprond By ""Ietlilel Smykow~~kl Idhnag~mltnt & BOdget f)lr!l'Gtor DiltI! County Manngltfs; Ot!1C(! Oflif~ of M."8gemltnt & S..dÇlf\1 91Jð/2D04 2 :26 PM Approved By Jarnltli V. Mudd County Manager 0111" Soord 01 Cöurlty COl'I'il'l"¡~Almumi C';(lunr)l Ml1tlo1tger'$ Omcn fU,11J1201J4 6:26 ~M ---'...,-.'--.--.- Agenda Item No. 16C3 October 12, 2004 Page 3 of 4 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 00106080005 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Metz, Steven E=& Fran POBox 2287 Marco Island FL 339690000 The lien was recorded on the 22nd day of September 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Three Dollars and Two Cents ($103.02) plus accrued interest and penalties, if any, and imposes certain obligations against real property si1uated in Collier County, Florida, described as follows: 254727 W1/2 OF SW1/4 OF NW1/4 OF NE1/4 LESS W & N 30FT 4.34AC OR 1604 PG 153 Folio No. Project No, Account No. 00106080005 63000 1135 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2004. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: DONNA FIALA, CHAIRMAN Approved as to form and legal sufficiency ~~d BER ZA ÁRY ..____"-7 RESOLUTION NO. 2004- _ Agenda Item No. 16C3 October 12, 2004 Page 4 of 4 A RESOLUTION APPROVING SATISFACTION OFUENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1993 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on September 20, 1994 adopted Resolution No. 94-S94 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1993; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by . Resolution and record in the Official Records a Satisfactions of Lien on. all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1993 Service Year Solid Waste Collection and Disposal Special Assessment for the following accounts numbered below, subsequent to the adoption of ResoJution No. 94;¡694, whereupon a lien had been recorded on real property pertaining to the accounts identified herein, The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf (jf the Board of County Commissioners, and the Clark is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County Account No. 1135 This Resolution adopted this _ day of second and majority vote. , 2004, after motion, ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA . BY: DONNA FIALA, CHAIRMAN Approved as to form and le~s~ ~ . y: . __--I . (' ,/," { /-1 ~David è. We er County Attorney Agenda Item No. 16C4 October 12, 2004 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1994 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $30.00 to record the Satisfactions of Lien. OBJECTIVE: Adopt a Resolution approving the Satisfactions of Lien for residential accounts where the County has received payment in full for the 1994 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 95-475 adopted by the Board on August 22, 1995 provided for the recording of the list of 1994 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 95-475 was recorded on September 14, 1995 in Official Record Book 2099, Pages 1338 through 1574 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1994 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfactions of Lien shall be approved by Resolution. The attached Resolution lists the two accounts that have been paid in full for the 1994 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Lien and the Resolution is approximately $30.00, which is to be charged to County Water/Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the two Satisfactions of Lien for the accounts listed in the Resolution and authorizing the Chairman to sign the two Satisfactions of Lien for the 1994 Solid Waste Collection Services Special Assessment Liens. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service Item Number Item Summlry Meeting Dm Ag6ndf:\ Hem No, , 6C4 Oclober 12, :::.004 Psg" 2 or 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C4 R~commE!~ljêltil n II) ~r.!~)pt þ r~elinhJ! .:)n to apprQ"'~ thll Sittl$j'¡L~li(l!,\¡; (), U~11 for Sulrd Wn$t~ r.....idential aC:¡;;Dunt~ whl!!lr&in t¡'~ County r>.u received payment and nid Llen5 are satisfied i" full for tl"'" 19tJ4 Solid WSbte Cclle~lion a~d Di1.pOUi Se-rvices Sp8c;al AsuitSment¡, Fiscal 'mþøct Iii. $-30 00 to rilcord th6 S4lti5tact~on. of Lien 1íJ/12tJU04 9:0Q~1O AM Pam CflfUtI ~f2"'2004 111:1.'0:23 PM Pupared B)' PubHc UtHWu Care R~vl!!nue SU )(Ir\lllSor UBC:S Approved 8)' John A. Ypnkosky Public UI:IIIIIM Utility BlUing Dirltctor Oaff! uses 91~9{2004 2~:!O AM [)ilt~ Approved By rert':5ft Rle'~n p\lþ jc UtlUtln R¡:rVf!If1UflMi1na JflT ueCb 11-/29/2004 1 ~~14 PM Dute Approved By Thotna.. WIde: , PUbHc UtllllftHi Operat1or : , CI~clor PubHc UtiHtlr.,,, Oper<ltiorm 1 (2'dI~D{l4 12:14 PM Oal~ Approved B)' ,hu-.,ell W. Dal.on)! P\Iþ jC, lIllUti".. PL.lbl!<: UtJIlth!$. AdmfflitiUuwr Public;: \Jtllltiu A.dmlni."tr,¡tion \llJOI~QO<1 <J::l!ï AM [Jllflt Approved By Pat Ln-hnhlud county Mnnaijftr'fi f.)'NIc" Adtnlnl$ltJII'¡"'t\A..'UIh;tltnt Office 01 MlIl1aonmMt &. aUd Jat 9/MII00.411::?fJAfIA Do1Ile Appro\'ed By R.andy OrclþflWJlld County Manoli1vr''$ Offlc.t!- Mllna(Jftmf!nI/BudoC!!!' An;I Y~1 01'tlc:e of Mnnagement" Budget '11/30120042:20 PM Dutl! Approved By Mh::h.1el ~mvkaw$ki County Manngltt'1ò Otnc t Muth'1'i1'tm"nt" Budget Dbector OMct!l of Mnnøg"mf!tlt'" EI¡ (I[ f!1 9/;tO!20tl" 2:311 PM Oall! Approved By ,Jan1I1!1òV, Mudd Board 01 County Cornrfllli$-il)tlet!JI County MAnegar C(lunty MlJllugftt's omct! 9130/2004 !1::!'6 PM Agenda Item No. 16C4 October 12, 2004 Page 3 of 5 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No: 27800002809 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Uclasco, Ruben=& Carlota 28 Umali St San Francisco Del Monte, Quezon City Philippines The Lien was recorded on the 14th day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars And Thirty Seven Cents ($104.37), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: CORINTHIAN GARDENS AT WORLD TENNIS CENTER BLK A LOT 10 OR 1849 PG 225 Folio No. Project No. Account No. 27800002809 64000 5173 CoHier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this_ day of , 2004, ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By DONNA FIALA, CHAIRMAN Approved as to form and ~iCiency ..........¡. r~~. ;¡'~ ,.-- R¿BERT éHARY . Agenda Item No. 16C4 October 12, 2004 Page 4 of 5 This instrument prepared by: Robert Zachary Assistant County Attorney Office oftheCounty Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No: 001606080005 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Metz, Steven E=& Fran POBox 2287 Marco Island FL 339690000 The LIen was recorded on the 14th day of September 1995, In Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Six Dollars And Seventy Two Cents ($106.72), plus accrued interest and penalties, If any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 254727 W1/2 OF SW1/4 OF NW1/4 OF NE1/4 LESS W & N 30FT 4.34 AC OR 1604 PG 153 Folio No. Project No. Account No. 00106080005 64000 990 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this_ day of J 2004. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By DONNA FIALA, CHAIRMAN Agenda Item NO.1 C4 October 12, 2 04 Page 5 f 5 RESOLUTION NO. 2004-_ A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 22, 1995 adopted Resolution No. 95-475 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1994; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid ,In full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1994 Service Year Solid Waste Collection and Disposal Special Assessment for the following account numbered below, subsequent to the adoption of Resolution No. 95-475, whereupon a lien had been recorded on real property pertaining to the account identified herein. The Satisfaction of Lien attached hereto referencing the account identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County. Commissioners, and the Clerk is directed to record this Resolution and this Satisfaction of Lien individually in the official records of Collier County: Account No. 990 5173 This Resolution adopted this _day of second and majority vote. , 2004, after motion, ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DONNA FIALA, CHAIRMAN *"",,;p'''µ.'''''''' "I ......'t. Agenda Item No. 16C5 October 12, 2004 Page 1 of 6 EXECUTIVE SUMMARY Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1995 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $40.00 to record the Satisfactions of Lien. OBJECTIVE: Adopt a Resolution approving the Satisfactions of Lien for residential accounts where the County has received payment in full for the 1995 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 2000-236 adopted by the Board on August 1, 2000 provided for the recording of the list of 1995 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No, 2000-236 was recorded on August 8, 2000 in Official Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1995 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfactions of Lien shall be approved by Resolution. The attached Resolution lists the three accounts that have been paid in full for the 1995 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Lien and the Resolution is approximately $40.00, which is to be charged to County Water/Sewer Operating Fund (408), GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the three Satisfactions of Lien for the accounts listed in the Resolution and authorizing the Chairman to sign the three Satisfactions of Lien for the 1995 Solid Waste Collection Services Special Assessment Liens. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service AgHntla Ilf;lm Nø 16C5 OclotJer 12, 200A. Page 2 of 6 COLLIER COUNTY BOARD OF C:OUNTY COMMISSIONERS Item Numbtir Item Summ.ry ~6Ç5 M..tlng Dat. 1~~4:Ctmrnel'\da(j(}n to fjdo Jt ~ H:~..(!lull.m t~: ,lfJþrr)",~ ttltf. Siljj$f~lct¡"''I1i !)f UP.-fI fDr SolId Wusl", rl!:sjdenti.1 8CCOUITt" wherein !!"Ie County has received payment and said Lien~ are satisfied in full 101 the HiB5 Solid Wa"te Collection end D"pol.8 Soervices Special Afõ58ument¡; Fiscal impact ii. $4000 to r&cord thfj S.aIISfllctlons o· Lien 1 ( f12t,W04 ~:oa:(Jc A"l Prepared By [)*t~ PamC(llIiu RItV4!!!'HJ(' 9UpÐr'Jit>or 'd/l.(J2UOI! 1!:10::n~ PM r>IJÞI)c UtlllUes uacs Approved B~' John A Vonko.sky Utfllty Billing Dirlrctof Date PublIc UtlIHIf':~ URes 9i29f2{'10.042:2ofAM Approved By Thomas WlriltS Op!!"aUOI1:1 Dil'$Ctor Dntfr PubIJc lJtlUtht\ Public Utlll1'''1I Opcrratinns I jZ~f2004 1:/'.13 PM Approved B~' Tel't!a.8 R ~$lél1 Revenue MlnllIIger Dab:! Public UtiUtfe J. HBCS 1t/291:.!()ü412:15PM Approved By .lameti-W.Otl'L.ot'lr- puaUc UtU!lilf$ Admll¡tøtrutor C.11t F'o.tbllc UtllUil!$ Public Utilities Mmlni...ttation \It:JO/2DOIJ '!:~6 AM Apprond By Pat I..l!hnh'Hd A.dmlnlJ;l:t..Uyr, A$uilltant Ontr, County M"I\.tI1Dr'ø Ol"fioo Office of Managnmfln! '- Bud j11f' 91.31.1/20004 11:2~ AM Apprond By R;J.n<ly GrclttlVl/n!d Mn"ôlaflmf!n!1B rI nflf A.nn1V51 Dale C:ountþ' Mano(ler'$ Otf¡c~ Office of M8nilgemð'l1t.. SUdget 9/;!Ol2004 :1::;':1 PM ApproVEd By Mic-ha~1 ßmvkowslü Manal llemlrnt tþ¡ Budget Olrl'CtOr Dnte Cmlnty M:loa!il~I', Ofner,; OfHr;;e ot M.""gemllnt & Ðlllln4!1 913GJ2004 2:40 PM Approved By Jaml!lló V. Mudd ðUflrd of CoUrtty CO"tl'lll!ia!l)tlf!r!i County Mßnanur Date County Mllnugct'J; OMlcfI 913IJ{2004 5:30 PM Agenda Item No. 16C5 October 12, 2004 Page 3 of 6 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 33480400006 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Conner, Thomas A=& Patricia D 1940 Curling Ave Naples FL 34109-1508 The Lien was recorded on the 8th day of August 2000, In Official Record Book 2707, Page 3270, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Twenty Five Dollars and Seventy Three Cents ($25.73), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: FOUR SEASONS UNIT 2 LOT 10 OR 1425 PG 223 Folio No. Project No. Account No. 33480400006 65001 1245 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien, The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of . 2004. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA By: DONNA FIALA, CHAIRMAN Approved as to form and legal sufficiency --=~ I c... /~ ROBERT ZAC ARY ~? Agenda Item No.1 C5 October 12, 2 04 Page 4 f 6 This instrument prepared by: RobertZaohary Assi.stantCounty.AttolT1ey Office of the County Attorney 3301 EastTamraml Trail Naples, Florida 34112 (941) 774-8400 Property Folio. No. 36382960007 SATISFACTlON·OFLIEN KNOW ALL MEN BY THESEPRESENT: That the BOARD OF COUNTY COMMt$SIONEFlSOFCOLLlER COUNTY, FLORIDA was the owner àndholderot aœrtijin Lien. against: Perez:, Ramon A=& LissetteG 2217 52nd Ln SW Naples FL 341166833 The Lien was recorded on theath day of August 2000, in Official ReCQrdBpok 2707,Page.3270,in the Office of the. Clerk of the Circuit CourtofColfier County, StateotFlorida. The Lien secures. the principal SUm of Twenty Five Dollars and Seventy Three. Cents ($25.73), plus accrued interestandpenalties, if anY, and Irnposescertain obligations against real property situated in Collier County,Florlda., described as follows: QOLOENGATE UNITS PART 1 BLK 218t0T15 OR 1958 PG $38 Folio No. Project No, Account No. 36382960007 65001 2066 COllierCounty,apolitlcal subdivision of the State of. Florida, hereby acknowledges receipt of payment in full satisfaction of the LiEln andhereÞy cancels Lien. The. Clerk .of the Circuit Court is hereby directed to record this Satisfaction of Lien.inthe official Records of Collier County,Florida, to acknowledge thaHhe Lien ceases toe>dst. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and reoording·ofthis Satlsfactionof·Líen, by action ()f the Board this _day of ,2004. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: DONNA FIALA, CHAIRMAN Approved as to form and legal sufficiency ~~ K /- RÖBERT ZA HARV ....-/") Agenda Item No.1 C5 October 12, 2 04 Page 5 f 6 This instrument prepared by: Robert Zachary Assistant County Attomey Office of the County Attomey 3301 East Tamiami Trail Naples, Florida 341 12 (941) 774-8400 Property Folio No, 60780440001 SATISFACTION OF LIEN KNOW All MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Jolly, Gerald D=& Dorothy S Helen Carter 5332 Myrtle Ln Naples Fl 341138525 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Five Dollars and Seventy Eight Cents ($205.78), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated In Collier County, Florida, described as follows: MYRTLE COVE ACRES BlK A E 200FT OF W 400FT OF LOT 14 OR 1874 PG 2143 Folio No. Project No, Account No. 60780440001 65000 20860 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien, The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2004. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: DONNA FIALA, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency ~/,'~ ROBERT ÁÍ=w RESOLUTION NO. 2004- Agenda Item No. 16C5 October 12, 2004 Page 6 of 6 A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1995 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000-236 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1995; and WHEREAS, Resolution No, 2000-236, was recorded on August 8, 200Ö inOfficial Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1995; and WHEREAS,Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Liens on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance 90-30, as amended the Board recognizes full payment and receipt of the 1995 Service Year Solid Waste Collection and Disposal Special Assessments for the following accounts numbered below, subsequent to the adoption of Resolution No, 2000-236, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 1245 2066 20860 This Resolution adopted this _day of second and majority vote, , 2004, after motion, ATTEST: DWIGHT E,BROCK, CLERK BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DONNA FIALA, CHAIRMAN Approved as to form and le~ UffiC'~/_ ,. . . ( f- r J.,r'-David C. W.e(gel D' County Attorney Agenda Item No. 16C6 October 12, 2004 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $48.50 to record the Satisfactions of Lien. OBJECTIVE: Adopt a Resolution approving the Satisfactions of Lien for residential accounts where the County has received payment in full for the 1996 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 2000-237 adopted by the Board on August 8, 2000 provided for the recording of the list of 1996 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 2000-237 was recorded on August 8, 2000 in Official Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1996 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfactions of Lien shall be approved by Resolution. The attached Resolution lists the three accounts that have been paid in full for the 1996 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Lien and the Resolution is approximately $48,50, which is to be charged to County Water/Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the three Satisfactions of Lien for the accounts listed in the Resolution and authorizing the Chairman to sign the three Satisfactions of Lien for the 1996 Solid Waste Collection Services Special Assessment Lien. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service ·..·_",·u<'_,,_... Item Number Item Summ.ry Meeting D81e COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16G6 Agenda Item No. 16C6 October 12. 20{)J. Page 2 of7 Rl!'r;nrnrnendatiDI1 to Itdc Jt 11 Reso!u1mn to 3pþrl)'IIe thn Sali"factiN'I$; of U~11 fc¡r Sof,d Wa$le rnidential accounts wherein the County hu received payment and nid Uen~ are utislÏed i/"l full fOI thO! 1996 Solid Wa"te Collection and Dir.pcui Services SþBcial A¡':¡¡BUments_ Hscal 'mpa~ i!. £4B_50 to record the Satislactiot,., of Lif'n 1tJj1~H200"¡ 9:00:DO AM Prepard By 9l.u';;:UO.1 4:i1~06 PM Pam Cnllh. Public UI:IIUfes Rf'\lertlJl1' SlIpervlilor UBes Datf' Date Approved By John A Vt'lnko5ky PlJblh: Utlllli~5 U1íHt~ Billing Dir~ctnr lIBCS 9/29/200.( 2:27 AM Date Approved By Thom.as \Hides P\Jbllc Utilitics Opt!'ratim15 DIroctor Public Utilltíe!i Opttratioo.'I 9/291200.412:12 PM Oatt! Approved By T I!rEs:.I Rh!'fietl Public Utilities Revenut! Manaller UBC8 9/291200412:15 PM Dillt" Apprond By Jal'lUUI W, Ottl.on~ Public Utllltla'i P...bllc lltlUUo$ AdmlrHtltrutru Public Utilities Administration ~130J2( 01! ~:26 AM Da'" Approved By Pal Lr.hnharrl County M'1I1agerr'5 Offic('l Admlnbh.atl\llll AS!lit¡tnnt omCtt of Ma.....g!!mflnl & BUdgr.1 0!301l0o.411:l3 AM D.ale Approved By Randy Gtnenwnld County Mantlger''S Ot1'ice MìJ:f'1;11gomenl/BlJdgflt A.nnlY$1 Office 01 Management & Budget 9/30/2004 2:24 PM Da'" Approved By Michilet Smykow5kl Count\l Manngef$ ornc/! Managt'mttnt" Budget Director Offiç(\ or M«nllgeml!nt & BurtgiOl 9130/2004 ;1:42 PM Da.. Approved By Jameli V. Mudd Soard of county Commls$loner5 CO\.lnty Mttnflg81 County Nltrl.agttr'$ OfficI! 913M00-4 5 ~35 PM Agenda Item No. 16C6 October 12, 2004 Page 3 of 7 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attomey 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No, 00106080005 SATISFACTION OF UEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Metz, Steven E=& Fran 7100 Friendship Ln Naples FL 341202442 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court . of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Six Dollars and Sixty One Cents ($106.61) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in ColJier County, Florida, described as follows: 2547 27W1/2 OF SW1/4 OF NW1/4 OF NE1/4 LESS W & N 30FT Folio No. Project No. Account No, 00106080005 66000 1148 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment In full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge thatthe Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2004. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: DONNA FIALA, CHAIRMAN Approved as to form and legal sufficiency ~~-z:? ~. ~__._r}. ROBER zt¢HÁRY Agenda Item No. 16C6 October 12, 2004 Page 4 of 7 This instrum.ent prepared by: Robert Zachary Assistant County Attorney Office.of the County Attorney 3301 East Tamlami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 27800002809 SATISFAÇTlONOF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of acertalh Lien against: Reliance Properties L TD % Jijs-Silang 4800 Airport Pulling Rd N NaplesFI 341052510 TheLiEm was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office. of the Clerk of the Circuit Court of Collier County, State. of. Florida. . The Lien secures the. principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties,lfany,.and Imposes certain obligations against real property situated in Collier county, Florida,. described as follows: CORINTHIAN GARDENS AT WORLD TENNIS CENTERßLK A LOT 10 Folio No. Project No. Account No. 27800002809 66000 5940 ColUer County, apolitical subdivision of the State of Florida,hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Cle.rk ofthe Circuit Court is hereby directed to record this Satisfaction of Lien intheofficial Records of CoUierCounty,Florida, to acknowledgethaUhe Lien ceases to exist. IN WITNESS WHEREOF, the ßoard of County Commls.sioners of Collier County, Florida, acting through Its Chairman, directs execution and recording of this Satisfaction of Lien. by action. of the Bo.ard. this ___ day of , 2004. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: DONNA FIALA, CHAIRMAN Approved as to form and legal sufficiency . '-") ~/~ ROBERT 'lA. ... RY -..."^----.--...- Agenda Item No.1 C6 October 12, 2 04 Page 5 f 7 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Aorida 34112 (941) 774-8400 Property Folio No, 60780440001 SATISFACTION OF UEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Jolly, Gerald D=& Dorothy S Helen Carter 5332 Myrtle LN Naples A 341138525 The Lien was recorded onthe 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the pnncipal sum of. Two Hundred Eight Dollars and Twenty Six Cents ($208.26) plus accrued interest and penaltiès, ¡fany, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: MYRTLE COVE ACRES BlK A E 200FT OF W 400FT OF LOT 14 OR 1874 PG 2143 Folio No. Project No. Account No. 60780440001 66000 22936 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Uen in the Official Records of Collier County, Flonda, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County. Flonda, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of , 2004. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: DONNA FIALA, CHAIRMAN Approved as to form and legal sufficiency -?' .~--') ? ~ .'^"' . ~ /' ROBERT ... . HARY RESOLUTION NO. 2004- Agenda Item No. 1 C6 October 12, 2 04 Page 6 f7 A. RESOLUTION APPROVING SATISFACTION OF WENS FOR CERT~IN ACCOUNTS THAT HAVE PAlD·IH FULL THE 19~ SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000-237 authorizing the recording of notices of liens for the delinquent solid waste cólléCtiona.nd disposal services special assessments for 1996; and WHEREAS. Resolution No. 2000-237, was recorded on AugUstS, 2000 inOfficial Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County, Florida, which placed alien on certain properties for the delinquent solid waste collection a.nd disposal services special assessments for 1996; and WHEREAS,Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in Official Records a Satisfaction of Liens on all accounts that havê been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended the Board recognizes full payment and receipt of the 1996 Service Year Solid Waste Collection and· Disposal Special Assessments for the following account numbered below, subsequent to the adoption of Resolution No. 2000- 237, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the· accounts identifi.ed herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the· Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: AccountNo. 1148 5940 22936 This. Resolution adopted after this second and majority vote. day of , 2004 after motion, Agenda Item No. 16C6 October 12, 2004 Page 7 of 7 ATIEST: DWIGHT E. BROCK, CLERK BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DONNA FIALA, CHAIRMAN Approved as to form and le9.al jUfficien~y./ . .-(~ ç;>"" C. ,/'/L ----~ {,/'Oavid C, WeigeV' oj County Attorney "'--'--1 ..__" I ":..~¥!~..;~~,.-:..--.--.....~.:~,~~,"",,-~,_...........-...,....-..,--,...,,,. -,-_--.............-_.... ,--.-.-.,. Agenda Item No, 16C7 October 12, 2004 Page 1 of 4 EXECUT'IVE SUMMARY Recommendation to approve the Satisfaction for a certain Water and/or Sewer Impact Fee Payment Agreement. Fiscal impact is $10.00 to record the Satisfaction of Lien. OBJECTIVE: Approval of and authorization for the Chairman to execute a satisfaction for agreement to extend installment payment of water and/or sewer system impact fees. CONSIDERATIONS: The Board of County Commissioners of Collier County, Florida as Ex-Officio the Governing Board of the Collier County Water Sewer District, is the owner and holder of the Notice of Promise to Pay and Agreement to Extend Payment of Water and/or Sewer System Impact Fees executed by: SEE ATTACHED EXHIBIT "An Full payment and satisfaction of this agreement have been made. The County Attorney's Office has reviewed and approved the satisfaction. FISCAL IMPACT: Satisfaction of this agreement has increased the cash flow in the sewer impact fee (Fund 413) by $645.00, The fiscal impact for recording the Satisfaction of Lien is approximately $10.00, which is to be charged to (Fund 408) the County Waterl Sewer Operating Fund Utility Billing cost center. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: Recommendation to acknowledge full payment and the satisfaction of this agreement and to surrender the same as canceled. Authorize the Chairman to execute the Satisfaction of Notice of Promise to Pay and Agreement. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service .- Agenda H~m No 16C7 Odob~r 12. 2004 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item summ.ry 1SC7 Meeting Date RElcommeodatlon to approve thfl Satisfaction ~tlr e t'ert3in Water and/or Eiewer impact Fee Payment Agr~ðment. Fiscal impBct is $10_00 to record tr;e Sa!isfaation of Uðn 10i12í200"; kOûOO AM Prepared By Oatr. PamC;.alli¡ R~VÐnUII I!¡upervisor tt/201!200-4 .4;15:31 PM Public UtUltln UBC$ Approved By John A. Yonkos.ky Utllit.V Billing Director Da" Public UOlltl45 UDes 8/2;91200<1 1:27 AM Apprond By Thomas WJde5 OperatiDn5Dire:çtor Date Publie Utilities Publit. Utilitle3 O~ratiom. 9/191200", 12:10 PM App roved By Tcrn.. R¡c~r!n R~l¡nnurt Manager D3II~ .)ubUc Utllltln UI::!ÇS 9r29/200412:16 PM Approved By J.1mu W. Delany Pub¡~c Utilitil1's Admlni.'Strator Date Public Utilities Public Utilities ÁclmlnlstU!ltlon 91301200",9:27 AM Approved By Pat Lphnhard Adminlstmtive Auilllan' 0... c.ounty M.mlge_r', otncC! omce oT Mana\1ement.. SUdØtlt' 9IJO!200411:24 AM Approved By Randy r;¡roonw~lIId Manaç¡emlmtJaudgct An1J1yst 0.1n County M;¡nager'fi. Office ornee of M.anagemenl o1l::!udget 0130120043;54 PM Approved By Micha'" Srnykowfi.kl Management & Budge1 Director Date count)f Monayer'$ Office OfflÇB of Münagement & Budget ti3DI2DO.c &:39 PM Appro1lcd By James V. Mudd County Mnna\1er D... Bo,:nd of Co-ut'llY &/30'120'04 S:·47 f'M Commissioners County Manager's omce ..-- Agenda Item No. 16C7 October 12, 2004 Page 3 of 4 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: J. ROBERT AND VIRGINIA G. BAILEY Whose mailing address is 97 Bailey Ave, Patchogue, NY 11722 Bearing the date of the 1 ih day of Deoember 1999, recorded in Official Record Book 2622 Page{s) 0922, in the Offioe of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the prinoipal sum of Six Hundred Forty Five Dollars and No Cents ($645,OO) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: UNIT NO. 30 GARNET, ENCHANTING SHORES CO-OP, INC., A CO- OPERATIVE MOBILE HOME PARK, ACCORDING TO EXHIBIT "A" (PLOT PLAN) OFTHE HASLER FORM PROPRIETARY LEASE RECORDED IN OFFICIAL RECORDS BOOK 1328, PAGES 1723, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 31155001509 Collier County, a politioal subdivision of the State of Florida, and the Collier CountyWater-Sewer District, a politioal subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaotlon of the Lien and hereby canoels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Offioial Records of Collier County, Florida, to aoknowledge that the Lien oeases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through Its Chairman, directs execution and reoording of this Satisfaction of Lien, by action of the Board this _ day of , 2004. ATTEST: DWIGHT E, BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT ;Zr::~1 ROBERT .. HARY DONNA FIALA, CHAIRMAN Agenda Item No. 16C7 October 12, 2004 Page 4 of 4 EXHIBIT" A" 1. J. Robert and Virginia G. Bailey, securing the principal balance of six hundred forty five dollars and no cents ($645.00). Folio #31155001509 Agenda Item No. 16GB October 12, 2004 Page 1 of 6 ,.-- EXECUTIVE SUMMARY Recommendation to approve the Satisfactions of Notice of Claim of Lien for Sanitary Sewer System Impact Fee. Fiscal impact is $28.50 to record the Satisfactions of Lien. OBJECTIVE: Recommendation that the Board acknowledges full payment and executes the Satisfactions of Claim of Lien. CONSIDERATIONS: The Board of County Commissioners of Collier County, Florida as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water/Sewer District of Collier County, Florida, recorded the Claim of Liens in the Office of the Clerk of the Circuit Court of Collier County, Florida. SEE ATTACHED EXHIBIT "A" ,-. Full payment and satisfaction of these liens have been made. The County Attorney's Office has reviewed and approved the Satisfactions of Claim of Lien. FISCAL IMPACT: Payment in full for these Claim of Liens increases the cash flow in the County's Sewer Impact fee Fund (413) by $3,840.00. The fiscal impact for recording these Satisfactions of Claim of Lien is approximately $28.50, which is to be charged to (Fund 408) the County Water/Sewer Operating Fund Utility Billing cost center. GROWTH MANAGEMENT: There is no Growth Management impact associated with these items. RECOMMENDATION: Recommendation to acknowledge full payment and the satisfaction of these liens and to surrender the same canceled, and to direct the Clerk of the Circuit Court of Collier County to cancel the same of record. Authorize the Chairman to execute the Satisfactions of Claim of Lien. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service "...- Agenda Item No. 16C8 OctDber 12, 2004 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMIS510NI!RS Melttlftg D.t. 16CR Rtcommendation to approve tne Salisfactlon!. of ~iot¡CIi= of Claim of lien for Sanitary Sewer System Impaçt Fn_ Fisoal impact is .$28.50 to Toecord the Se.ll'õ.facti::lns of Lien 10/12f10Q4 13:00:00 .A.M Ittlm Number Item Summary Prepared By Onre Pam Calli.. R~Ycnue supervisor nf2Al;lOa04 ":U:29 PM Public UUlltlu ueC9 Approved By John 11., Yonko50ky Util¡ty Billing Director Do'" Public unUtI",s uses 9/29{20004. 2:37 AM Approved By 'rhomBi V"¡¡d.e~ operations Director Da'" P~bl.lc Utllitios Publjc Utilities. Oper.1öOf'!$ 9t:ZIJI20t}412:09 PM Approved By Teresa Riesen ~~y(tnua M.an<tger Dale Public UtWtln Uec.s 9i29J200412:16 ~'M Approved By James W. Df'Lony PubUc Utilitiu Administrator """' Public Utilities PubHc Utilities Admlnis.tratlon 913012004 e:28 AM Approved By Pdt L.l!!ttnha"¡ AdmlnisUntlve As.'Sístant D"te county Manager'!. Otfîc~ Office of M :nagem~nt & Budget 9/301261).4 11 :25 AM Approved By H.mdy C3rroclnw<\ld MftI1i'1~f m(tnt/Bu(\g"t Analyst Onto- COIJnty M;1oager's omC& Ofl\ce of M~ ,l1ement ~ Budget 9130120044:03 PM Approved By Michat!'1 Smylf.owskl M.magr.-ment & Budget Director 0". County Manager'$ Qtnce Office of Mal101gemellt & Budget '9130120045:-41 PM Approved By James V. M~ldd County Manðc;er D.... 8QJS:rd of Caul1ly 0130120046:17 PM Commluloner., County Manag~r'5 Ofnce Agenda Item No. 16CB October 12, 2004 Page 3 of 6 EXHIBIT "A" 1. Beverly Ann Coleman, personal representative and surviving spouse of Eugene P. Coleman, securing the principal balance of one thousand three hundred forty dollars and no cents ($1,340.00) plus accrued interest. Folio #60481360008. 2. Stanley W. White Jr., securing the principal balance of two thousand five hundred dollars and no cents ($2,500.00) plus accrued interest. Folio #00255087108. Agenda Item No. 16C8 October 12, 2004 Page 4 of 6 ThiS i "\strumentpr-epared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiaml Trail Naples, Florida 34112 (941 ) 774-6400 SATISFACTION OF NOTICE OF CLAIM OF LIEN FOR SANITARY SEWER SYSTEM IMPACT FEES KNOWALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLUERÇC>UNTY AND AS EX-OFFICIO THE GOVERNING . BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Lien against: BEVERLY ANN COLEMAN, PERSONAL REPRESENTATIVE AND SURVIVING SPOUSE OF EUGENE P. COLEMAN 4262 Mohawk Place Naples, FL 33962 The Uen was recorded on 13TH day of October 1994. in Official Record Book 1993, Page(s) 160Q, in the Office of the Clerk. of the Circuit Court of CoUier County, State of Florida. TheUensecures the principal sum of One Thousand Three HundradForty and No Cents ($1,340,00), plus accrued interest and penalties, if any, and Imposes certain obligations against real property situated inCoUier County, Florida, described as follows: LOT33,MOtiAWK HEIGHTS, ACCORDING TO THE PLATfHEAEOF, RECORDED IN PLAT BOOK 9, .PAGE113, PUBLlC.RECOJqDSQF COLLIER CqUNTY,FLORIDA, AS. DESCRIBED INTHATDOCUMEtIiT RECORDED IN OR BOOK 884, PAGE 437 OF THE PUBLIC RECORDS.OF COLLIER COUNTY. FLORIDA. FOLIO NUMBER; 60481360008 Collier County, a political subdivision of the State. of Florida, and the Collier County Water-Sewer District; a political subdivision of the State. of Florida, hereby acknowledges receipt of payment in full Satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners o.f CollierCo\Jnty, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfactlort of Lien, by action of the Board this_ day of 1 2004. BOARD OF COUNTY COMMiSSIONEF{S COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICiO THE GOVERNING BOARD OF THE COLLIER COUNTYWA TER':'SEWEF{ DISTRICT ATTEST: DWIGHT E.. BROCK, CLERK Approved as to form and Legal sufficiency: ~.~ ROBERT ZA ~ ASSISTANT COUNTY ATTORNEY DONNA FIALA, CHAIRMAN .>~___..u.· This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774"8400 Agenda Item No. 16CB October 12, 2004 Page 5 of 6 SATISFACTION OF NOnCE OF CLAIM OF LIEN FOR SANITARY SEWER SYSTEM IMPACT FEES KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING. BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certaih Lien against: STANLEY W, WHITE, JR. 386 RIDGE DRIVE Naples, FL 33963 The Lien was recorded on 27TH day of July 1995, in Official Record Book 2083, Pagè(s) 0942, in the Office ofthe Clerk of the Circuit Court of COllier County, State of Florida. The Lien secures the principal sum of Two Thousand Five Hundred and No Cents ($2,500.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PARCEL 29 OF INDUSTRIAL VILLAGE, AN UNRECORDED SUBDIVISION LOCATED IN THE NORTHWEST Y4 OF SECTION 11, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AS MORE PARnCULARL Y DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST Y4 CORNER OF SECTION 11, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE EAST AND WEST Y. LINE OF SAID SECTION 11, AS SURVEYED, NORTH 89°30'40" EAST, 1,987.83 FEET; THENCE NORTH 00°24'17" WEST, 231.29 FEET; THENCE NO.RTH 89°35'43" EAST, 495.00 FEET; THENCE NORTH 00°24'17" WEST, 315.00 FEET FOR A PLACE OF BEGINNING; THENCE CONTINUING ALONG THE LAST DESCRIBED COURSE, 80.00 FEET; THENCE NORTH 89°35'43" EAST, 165.00 FEET TO THE NORTH AND SOUTH Y. LINE OF SAID SECTION; THENCE ALONG SAID NORTH AND SOUTH Y4 LINE SOUTH 00°24'17" EAST, 80.00 FEET; THENCE SOUTH 89°35'43" WEST,165.00 FEET TO THE PLACE OF BEGINNING, BEING A PART OF THE NORTHWEST 'Y40F SAID SECTION 11, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. ALL BEARINGS ARE BASED ON OR BOOK 1404, PAGE 2169, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. SUBJECT TO AN EASEMENT FOR ROAD RIGHT-OF-WAY, DRAINAGE, AND UTILmES OVER AND ACROSS THE WESTERLY 30.00 FEET OF THE ABOVE. DESCRIBED PARCEL; AND SUBJECT TO A DRAINAGE EASEMENT OVER AND ACROSS THE ËASTERL Y 15.00·FEET OF THE ABOVE-DESCRIBED PARCEL. AS DESCRIBED IN THAT DOCUMENT RECORDED IN OR BOOK 2058,PAGE 1893 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 00255087108 Agenda Item No. 16C8 October 12, 2004 Page 6 of 6 CoJlier County, a political subdivision of the State of Florida, and the Callier. County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full Satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfact[Onof Liètl in the Official Records of Collier County, Florida, to acknowledge that thet.ien ceases to exist. IN WITNESSWHEREOF, the Board of County Commissioners of Collie1'COUrlty, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of thi.s Satisfaction of Lien, by action of the Board this-,----- day of , 2004. BOARD· OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-Se:WER DISTRICT ATTEST: DWIGHT E.BROCK, CLERK Approved as t() .formand Legal sufficiency: ~~ ¿.A ROBERT· . CHARY ASSIST ANT COUNTY ATTORNEY DONNA FIALA, CHAIRMAN Agenda Item No. 16C9 October 12, 2004 Page 1 of 8 EXECUTIVE SUMMARY -- Recommendation to award Construction Contract for Bid #04-3719 to San tis Engineering, Inc., for installation services related to the Water Distribution Radio Telemetry System Implementation in the amount of $326,968.00, Project 70124. OBJECTIVE: To improve the reliability and operability of the Water Distribution System by upgrading the instrumentation, controls, remote monitoring, and Supervisory Control and Data Acquisition (SCADA) systems of three (3) Water Distribution sites, and establishing a Wide Area Network for information-sharing and database management. CONSIDERATIONS: On October 28, 2003, Agenda Item 16 C 2, the Board of County Commissioners approved and authorized the execution of Work Order MAC-FT-04-01 to McKim and Creed Engineers for provision of engineering services that included system study and final design. On July 27, 2004, Agenda 16 C 15, the Board of County Commissioners approved Amendment No. 1 to this work order, which authorized engineering services for the construction and implementation phase, through Project completion. .-- The implementation phase work for this project includes upgrades to telemetry and SCADA for three of the Distribution sites in the north end of the County (Carica Pump Station, Vanderbilt Pump Station, and Barefoot Distribution Point), and installation of a new Wide Area Network, which will be utilized to transmit information between the South County Regional Water Treatment Plant, the North County Regional Water Treatment Plant, and the Public Utilities Operations Center. The telemetry/SCADA upgrades and Wide Area Network will add system-wide operational visibility, control reliability, and the ability to process, share, and communicate Water Distribution System data, statistics and metrics. On September 1, 2004 sealed bids were opened for this project. Two bid packages were received and are listed below: Bidder Santis Engineering, Inc., Edison Automation Amount $ 298,889.00 $ 425,514.00 The bid tabulations are attached. Also solicited within the bid, as optional contingency electives, were prices for additional items of work. Based on the listed contingencies and McKim & Creed's review, recommendation is made to accept two of these contingency electives: one (1) Lot of Spare Parts, at a price of $15,775.00, and two (2) Alternative High-Gain Broadband Antennas at a price of$12,304.00. r- McKim & Creed's construction cost estimate, including estimates for the elected contingency items, was $ 377,267.00. With the contingency electives added in to Santis' Base Bid Price, their Total Offering Amount is $326,968.00. -----.- Agenda Item No. 16C9 October 12, 2004 Page 2 of 8 Executive Summary Approve Contract 04- 3 719 Page 2 The qualifications and bid price tabulations of the low bidder have been scrutinized by Public Utilities Engineering leadership and McKim & Creed. Jointly, the PUED Project Manager and McKim & Creed determined that Santis Engineering, Inc., is qualified, responsible, and able to perform the required work, and that the fees offered in this quote were fair and reasonable. McKim & Creed recommends award of the contract to Santis Engineering, Inc., with the above noted contingencies to be added to the contract amount. A copy of this endorsement letter is attached. FISCAL IMPACT: Funds in the amount of $326,968.00 are available for this project in the Water Capital Fund 412 in Project 70124 Water System Telemetry. The scope of work is consistent with Water Capital Budget funds budgeted in FY 04, as approved by the Board on September 18,2003. The proposed contract is consistent with the 2003 Water Master Plan Update as adopted by the Board on May 25, 2004 as Agenda Item 10 D. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact resulting from this action. RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-officio Governing Board of the Collier County Water-Sewer District, award Contract 04-3719 to San tis Engineering, Inc., in the amount of $326,968.00 and authorize the Chairman to sign the County's standard construction contract after approval by the County Attorney. PREPARED BY: Dennis McGee, Instrumentation/SCADA Manager, PUED .,----...-.-- AnentJB Hem No. 1ÛC9 OdotH:!r 12, 2004 Page 3 of .8 COLLIER COUNTY BOARD OF COllNTY COMMISSIONf.RS Item Number Item Summary 113(,,9 R~;;(1mrn~n1a~,()n 1.0 awiltd Con!iír~lr.tion C:¡nlr¡¡¡:;~ for 8id #04·3'''1010 Sar¡lis En!¡'n~l!!r'l1g, IN:, 1.or instilllall.ol" stnVIC!!$ reiat¡;d toO the ',Iater Dls!ributiof'l Raóìo TelemeÜy S.yslem Implemer.tatlOF'I in !h& amount of ~32ó.{' 68 00, Project 7012-4 M..1Ing C.te '011 :112004 9' OQ:DO AM Prepared By D.-te [)onnb, McG~ Pt(JJoc1 Mannge-r \ill;¿Cf20M :l:G3:49 PM P"bij(: IIlillt\¡u. PUblic \J!ilitit:!> f:.ngìt1C!IHing Approved By Katl W. Boyer, P.E. Prlnclplll Project Mllnager Date Public lItllilielS PUhlic Ilttlltif:s Englne..,ring 1124120.0", û~QS PM Approved By Lyn Wood Purchasing Age"t Oat~ Âdminl~trati1/(O Services Pmcha51ng 11121120011 1 :OQ PM Approved By Stwe Camel! pUfcha~!"9/Gllml!r;!1 SIICS Diredol Qatl! A.dmlni'itratlvofl S~victt'S. Purr.h.a"h'~ 9121/2004 1:0. PM Approved By Roy D. ANhmmn, P.L Public; \Jtmtlr.:s Englnef!ring f.Hn~ctor Oill~ P\lblk UUUtitt'S Public Utiliti!!':,; En~lneer!nÇl \1/Z4/2004 1j:1~ AM Approved B)' P~I'tII!'I¡ LIbby W,ner Opet.tlon" M", ~gllf Date Public Utilit!" Water /1.1281200" ;Ui4 PM Approved By P,,~I Mat\.aIHõc.h W..tl!rmr~c.lor Dale Public. UtUlUC!!;. INamr 9;26/21.)044:22 PM Approvd By Thomas Wide~ operations OireL."tol Date Public Uli1Ities Pub!!.-: UtiUtìe1i Opm:ahOf!~ ~129'¡20Q4 1;¡ :01'1 PM Approved By Jutne:>. W, DeLorlV Public Utliitle!l. A.dm{n!$tratar D... Pub\1c Utilities PublIc lJtiut¡~J, Adnlinì!itratlon 9ßGl2004 ¡L20 AM Approved By Pat Lehnhard Admitlistrati'll! Ahis.lalt' Qate CO~lntv Mana9C!'t'~ Office Offic" of Mafiilg'ofImtmt & Budç¡M lIi3{ f100411:1ti AM Approved By 5U.l.Bn Usher S!:Inj( t Milllaçmnent1Budget Analysif O¡ t~ County ~'Jnager'~ Office Office 0' Managcmtlnt & Budgcrt 10i1f2OU" 1~49 PM Appro"ed By Mlcllo1l.ltl'SmykoWtik! Mmulgnmenl & nudgl!1 Clrnc.IQf Dal~ county Manager'\. Offiç.c OfficI!! ot MaMgemM\t & Budget 1014J2004t2:41 PM Approved B)' Jamcs V. Mudd County Manilg~r Datn Bøard of CQuntv Commi.sloneri COUflty Manager's o'neil!: 10/512004 12:2& PM ->~--._.< Agenda Item No. 16C9 October 12, 2004 Page 4 of 8 P. U. E. t). . ~. 04 SEP -3 Mln28 COLLIER COUNTY GOVERNMENT Administrative Services Division Purchasing Department Purchasing Building 3301 E. Tamiami Trail Naples, Florida 34112 Telephone: 239/774-8407 FAX: 239/732~844 http://co.collier.fl.us Date: September 2,2004 To: Dennis McGee, PUED From: Sue Hebbe, Purchasing Technician Re: Bid #04-3719 "Water Distribution Radio Telemetry System Implementation" Enclosed please find a copy of the tab sheet for the above referenced Bid. Please review each bidder's pricing, including checking the unit prices against the extended price (mathematical calculations are not checked at tabulation). If other information was required, it has been noted in the tab sheet. If the tab sheet has the notation "See Bid" or "See Note", it means that there is additional information included and that the BID needs to be reviewed. Remember, "Award of bid shall be made to the lowest, qualified and responsive bidder(s) meeting specifications." Please identify the recommended awardee(s) below, and return this form to Purchasing. If the apparent low bidder(s) is not the recommended awardee, please document your reason(s) for your recommendation of another firm(s). If you have any questions, please call me at 774-8967. Recommended Awardee(s): J Agenda Item No. 16C9 October 12, 2004 Page 5 of 8 -tXI 3 -. "Ca. ii~ 3 I CD W ::J -. -..... m co c!': _ g ~ . m (þ" ...., ." cg c Ï 2D 01 .þ, W N ...... C c:: ~ 3 ("') S' ("') g CD - ("') 2 S' g. ::;:em ." 2 S' ~ fiJ 3 ::I Z ~ ~·i~ 0 U> -. 0 rn IU ~.~g ~Q.3!a.c: ::I Q. 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S o o ~ w ;..., o ~ o o in in 00 66 00 in o 6 o in in 00 66 00 in o 6 o , in~ 00 00 00 in 9 o o co !!!. 0 S' C) ( ) QI m ° Os: Iii~ § 'C)¡¡r~ fJo~.... -;:,0...., -'£::J I» ~ ;:, 0 3 ~c:rc~ ¡¡¡-~::r:o g:Q,,~ ?ìJ8ëJ' r;3~r ìJ"8 E' ~~~ !!!.;:'QI 3¡¡r~ -. ~ ~ ~ a. ;:, !!!.wl» œll)3 ;:, ~ 0 ~ I:: § I:: "C .M' en ~ .... .CÞ CD .... !O o o in I\) CJ1 ë» 01 ~ o o ~ 9 o o in P o o .... o 6 o Agenda Item No. 16C9 October 12, 2004 Page 6 of 8 O-[I 11135: it"C o[~ ~~~ cn§Iëô ~ g':E it =QI 3 it 8" Ò ..., ëìj' .... .... .., I\) 6' o I:: o ~ ~ g ;U II) a. õ' -{ ( ) ëD 3 ( ) ~ ~ ëÐ 3 CD .... 0') " "U 0'" II) .2. it~ "0'" ° s: ~QI 2.~ ., <0 >~ I:: COo I:: ( ) !:!1;.::s ~ 2. I\) en - s::: 1\)0 8ø ~( ) C ) "0 II) (1 ';<;" ~z CD 0 rJI~ ::tJ@ C ) en £cn -'C ) < ;:, &,,...,.. "w 1\)0 3::tJ~w3::tJ~< -. -1- Q -. -{_ I» £ -,.., en "::s C -. 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Ib'[ ß~ [~ ..tg >~ c: (00 c: CD ~::J ::J ¡::jfii' -I\,) :!: 0° ~G) m " ~ ~ c!z m s. ;;oS ~~ <' CD ~~ (¡J NO ,,-.-- ---^,..^,,------~-,-,~~-^.,-,^-._~-~-~~~ Sept~rnber 20,2004 Mr. DenniS McGee, p, E. fnsffumentatioo/SC.I\DA Ma~r CoWer County Pubfic Utilities Engineering Department BviJding f{ Third Roor 3301 East Tamiami Trail Nap!es. FL 34 ¡ ¡ 2 RE:: Water Distribution Telemetry System Upgrades _ Bidding Phase McKim & Creed Project * 027930001 Bid,. 04-3719 Dear Dennis: McKim &. Creed. PA has reviewed the quotations receìved UOder Bid 1# 04-3719, Water TeI&fr'1etry System Upgrades. Tt)e fowest bidder was jn1erv~d and the bid offering was scrutinized for OCC".JrOCY and C'..cl"f\PÍeteness. $antis' Base Bid was.$ 298,889.00. Addifiona!ly. there were other ilems thaI were so!ìdted that were not considered part of the 8ase Bid or basis of Award. Nonetheless. it ÎS McKim ¿ Creed's recommendation that t\f~'o of the offerings' be accepted. Spare Parts were ProPosed a1 a fatal cost of $ 15.775.00. An alternative Antenrx:'L offering greeter signaJ strength, was offered at 0 proposed cost of $6 ¡ 52.00 each. It is recommended that CoI ¡er County make the elections to purchase the spore parts ond 0 quontity of two (2) high-gain antennas (for the Pubic Utilities Operations Center site). for proper penormOfìce of the Broadband System. The recommendation tOl Award and subsequent Purchase Order is as follows: Base aid Price ( 1! lot, Spc:m3 Paris ¡2~ High..gain Antennas (@ $6152 per) TotoJ, Construction Price $298.889.00 $ 5,77S.00 $ 11.304.QQ $326,968.00 We recommend the County' accept the bid offered by $antis Engineering, loc at $ 326,968,00. ThO~jgh fisted as optional elecfîves, we Öo not recommend acceptonc~ of the other ele<::tive offerings. These included the costs for 1he Rf MocIfication ot the Capri Pump Station. Please lat me know it you hove any quesfions or requite more information. Sincerely, McKim&. Creed, p~ ~~"'" ~.··.i . 'r?i '" 6n?"!é-'¿.-,/ ~..,.,-.>~~ v Byr n Conner Senior Project Manger 1365 HAMLET Avn,¡uli. ClEARWATER, flOIUDA 33756 TEL 727.442.7196 FAX 727.461.3827 w\vw,mckimcreed,c-om ~u1 Agenda Item No. 16C10 October 12, 2004 Page 1 of 5 ",-- EXECUTIVE SUMMARY Recommendation to approve the raw water transmission project to interconnect the Tamiami and Hawthorn Well fields in the amount of $1,500,000 and to approve and authorize the initial phase, which is a work order under the Annual Contract for Underground Utilities Contracting Services, RFP 02-3345, based on an estimated construction cost not to exceed $690,000, Project 710061. OBJECTIVE: To increase the reliability of the public water supply by providing a raw water main to route Tamiami Wellfield water to the North County Regional Water Treatment Plant (NCR WTP) reverse osmosis (RO) treatment process. CONSIDERATIONS: Staff is moving forward expeditiously to ensure our customers have a reliable supply of potable water for the upcoming season. One strategy being implemented is the construction of a pipeline along I ih A venue NW to interconnect the Tamiami Well field and the NCRWTP RO Wellfield. This project will allow additional fresh water to be supplied to the NCR WTP to augment the existing saline water supplies for treatment through NCR WTP RO process. The project has the potential to utilize a portion of the capacity ofthe presently underutilized high salinity Hawthorn Wells on Vanderbilt Beach Road. This project will enable the NCRWTP RO treatment process to operate at full capacity, and also, improve reliability of the raw water supply system, in time to meet demand during peak season 2005. Preliminary design indicates that a 20-inch diameter pipeline can provide up to 600 gallons per minute of additional water. This falls short of the target transfer rate of 4, 100 gallons per minute needed to produce 4 million gallons per day of finished water through the RO process. A booster pumping system will be needed to achieve the target transfer rate. The interconnect will also include a special backflow prevention device to ensure that none of the higher salinity Hawthorn well water will contaminate the fresher water in the Tamiami wellfield. The total estimated project cost to complete this project in time for peak season 2005 is $1,500,000 including engineering and construction. Because this project needs to be completed within a short time period, procurement will be conducted in concurrent phases such that construction of some components will occur concurrently while the engineering design can be finished on other components. The work is broken down into individual components by trade and sequence of construction with estimated cost and proposed procurement as follows: ",-- Executive Summary Approve Work Order Tamiami and Hawthorn Wellfield Interconnect Page 2 Agenda Item No. 16C1 0 October 12, 2004 Page 2 of 5 Work Component Cost Proposed Procurement Engineering $160,000 Fixed. Term Engineering Contract Pipeline (6,000 feet of20" pipe) $690,000 Fixed- Term Underground Utilities Contract Electric (1,400 feet of duct bank) $140,000 Fixed-Term Electrical Contract Booster Pumping System (BPS) $410,000 Fixed-Term Underground Utilities Contract Interim BPS (Allowance) $100,000 To be determined Total $1,500,000 This recommended Board action is to award a work order to construct the pipeline component of project. The proposed scope of work is to construct approximately 6,000 feet of 20-inch raw water transmission pipe along the lih Avenue NW road right-of-way beginning at Wilson Boulevard proceeding west to end of lih Avenue NW, then across a drainage canal and terminating on County-owned Parks and Recreation property. The attached figure shows the proposed alignment. Design of a booster pumping system is a work-in-progress and is expected to take longer to complete than the pipeline design. Because pipeline construction is on the critical path, staff recommends proceeding with the construction of the pipeline concurrently with the on-going design of the booster pumping system. Staff is currently evaluating alternatives to provide temporary pumping equipment to serve in the interim until a permanent booster pumping system can be competitively procured and constructed. Construction of a booster pumping system is not included in the proposed work order and will be procured separately. Engineering services for this project are being provided by Hazen and Sawyer in accordance with Work Order HS-FT-04-05. This work order was approved during the Board's summer recess and ratified by the Board on September 14, 2004, as part of agenda item 16 F 1. Engineering services consist of design, permitting, surveying, services during procurement of construction services, construction contract administration, and detailed observation during construction. The proposed scope of work is consistent with the 2003 Update to the Water Master Plan as adopted by the Board on May 25, 2004 as Agenda Item 10 D. The proposed work order will further the process to enhance reliability of the NCRWTP RO Wellfield given the continuing trend of declining quality and quantity of raw water from the existing Lower Hawthorn wells. The proposed route is along lih Avenue NW, which is the shortest distance to interconnect the two wellfields. The proposed alignment is along the 1 ih A venue NW road right-of-way from the existing Tamiami Well field raw water main in the vicinity of Well 32 and Wilson Boulevard to the existing NCRWTP RO Wellfield raw water mains in the vicinity of Well RO-17N. The proposed alignment will require permission from the South Florida Water "---,,,..,...._' "_..~.,-..'"'- Agenda Item No. 16C10 October 12, 2004 Page 3 of 5 Executive Summary Approve Work Order Tamiami and Hawthorn Wellfield Interconnect Page 3 Management District to cross their drainage canal. A booster pumping system is proposed on the County Parks and Recreation property adjacent to Well RO-I7N. Initial conversations with County Parks and Recreation staff and County Transportation staff have indicated no objections to the proposed alignment. Staff will continue to work with the County Parks and Recreation Department to obtain the necessary easements on County Park property for the proposed raw water main interconnect. Staff will continue to work with County Transportation staff to obtain the necessary Right-of-Way Use Permit for the proposed underground utility work on 1 th A venue NW. The cost estimate for the first phase of this project is $690,000 for the pipeline. The staff and the engineering consultant have developed the estimate and believe it is fair and reasonable for a project of this scope, The actual amount to construct will be based on competitive bids. The estimated cost is within the $750,000 threshold established for the underground utilities services contract. This project must start quickly and adhere to an accelerated, yet achievable, schedule to provide an additional source of water to the NCRWTP RO process in time for peak season 2005. In light of this, and subsequent to the submission of this executive summary, staff will solicit quotations from at least three of the contractors under the current fixed term underground utility services contract. Staff is requesting that the Board authorize the Public Utilities Administrator, in concert with the Purchasing Department, to select the most appropriate firm and execute a work order to that firm, provided that the awarded dollar amount does not exceed the estimate stated herein. FISCAL IMPACT: Funds in the amount of $1,500,000 are available for this project. The intent of the proposed work is consistent with the Water Capital Budget funds budgeted for FY 04 for Project 710061, NCRWTP RO Wellfie1d Reliability, as approved by the Board on September 18, 2003. Source of funds is Water User Fees (412). GROWm MANAGEMENT IMPACT: Projects funded with User Fees (412) have no impact on the Growth Management Plan. RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-officio Governing Board ofthe Collier County Water-Sewer District: 1. Approve the raw water transmission project to interconnect the Tamiami and Hawthorn Wellfields in the amount of$I,500,000. 2. Approve and authorize the Public Utilities Division Administrator to execute a work order, pending County Attorney approval as to form and legal sufficiency, to furnish and install a 20-inch raw water main along Ith Avenue NW to interconnect the Tamiami and Hawthorn well fields in accordance with the underground utilities services contract, RFP 02-3345, up to an amount not-to-exceed of $690,000 for Project 710061. Executive Summary Approve Work Order Tamiami and Hawthorn Well field Interconnect Page 4 Agenda Item No. 16C10 October 12, 2004 Page 4 of 5 PREPARED BY: Karl W. Boyer, P.E., Public Utilities Engineering Principal Project Manager tlTH AVE HW . 11111 AVE HE 15T1I AVE HE N ) ~ ,...~~' " '\ s¡(AD'f .... " EIt RUN L ~ ~ JUNG BLVD W JUNO BLVDE 11TH AVE HIi 14TH AVE NW I ),~~~:!~. 2~;~~~~~~~~~i~J ,4TH A ~ HE 18TH AVE HW ,. " . i Proposed Booster ~ I Pumping System \ ,~ ~~v'" ~<- ~ t211l AVE HW /1<-"'-9' I ; 12111 AVE NE ~ i"¡ .. . 12TII A~~ NE ," .... >J- .... .,f-~ b .¡.-~ ",þ::r ¡iY <{.ii' ~'" i'" é' ;f ~ ~. . '.~ ~ s ~ ~ - ~ ~ :z: ~ :z: /II ell ~ /II ~ -t ... ¡ -t Z i .¡ ¡ :Ii 1<-'" ",'" {., f>~ " ~~~v tOTll AVE NW tOTll AVE HE 4> ;¡ ~ 10T11 AVE NE ... , ~ ~~~ 'I i!i£.~~ ; !i ;s iñ ~. :z: co .. ~i~vv{;f ~ 01 01 ~ .. ... z ~ I z ~ :Ii t¡. I>VV .... (:<)'V . CANAL . I' I co ~ Z III i /II -t Z ... ~ '" -t :z III ;¡ /II ... Z III GC LOiN GAT BLYDW GOLDII:I GATE BLW> Ii o 6501.300 - Feet 2.600 3,<;0) 5.200 Figure 1. Proposed 20-inch Raw Water Transmission Main along 12th Avenue NW to Interconnect Tamiami and Hawthorn Public Water Supply Wellfields .'--.-." Agenda !tem No, 16C10 Octr.obf:':r 12. 2004 F'age50f5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item SU mmary 11':::1Q R~c"rnmo!: 'IdfltiOr1 1(, arþmv" !t¡~ raw \\'JJ1I\rt'.~nsm'I>'!'i()n þl(lje~ trJ il"ltl!.'T!;(\t':I1f!tcl thr. TarniiJ ni and Hawthorn Welifi..!ds il11he amount of S1 500,000 and to appro\/''! and authorize the inihai phase, whid., is. a .....ðfk order U!1d@rtheA'''nuai CClntraçt fùf Urrd..rgro,md Utilitie¡, Contracting S!trvlces. RFP I.J2·334S, based en an '!slm·,.8I'!d ,:cn$lructWr> cOit not to '!:(ceed $1393,000 Pm ft'::l !1005~ Meeting Oat. , Oi~ ?f'l{)O"¡ g DODO 1>.'1'1 Prepared By Date Karl W. Bo)'~r, P.E Prindpal Proj('ct Milnager 9f.l5J20D41:¿:U:3:35 PM Public Utilities Public Utilities EngEn_ring Approved 8y Pamela Libby Willer Oporation:¡ M8n.1g~f a.le Þubli<; Utilities W.lt~r 9/28/2004 3:5S PM Approved B,.· Paul M .Itausch Water Dfrector Dó1tC Public UtUitle5 Water !H2£/2 ){)'" ~:26 PM Approvtd By Ste...eCarnl!ll Purc.:ha&l"gJ~eral SIICS Director Dale Administrative Services: Purcha'iing 912'\:1120049:,(5 AM Appro1led By Tñoma30 IMdu Operations Director Date- PlIbHc. Ulliitln PUbJic Utj ttie~ OperatfOl1s 9,130t2004 8:22 AM Approved By Ro)' ß, .Af1<'1er$on. P.f PUlIl!!; Uttliljf'5 F.ngifleerlng D r~ctt) Datn Þ¡¡blle Utilllies Public Utilities¡ Engineering 9/30/200,( ,(:51 PM Approved By Jlòlme~ \N, Delany Public Utjfnil!.$. Admlnir,ttator Dale Public Utlm¡~s. Public UtHitJes Admln¡1tration 10/41200411:2'9 AM Approved By Par Lchnhard Adm¡ni.~t1"'tiv~ hssistant Do'" County Manager's Office omce of MaIUI{lemen! & Budget 10f4fZOu.. 12:0' PM Approvrd By SIJ'oIan Usher Senior M¡magttmÞ1t/BudgC'! Analyst Da.. County MBnaQer's omce atTice of Manaven1ent & BUURet 10'412004 1 :41 PM Approved B)' Mìt.hael SmykowskJ Management S Budget Director Dab! County Manuger'S Office Offit:E'! r..<f M<8nogf'mlmt 6: Budg~t 10/<4120045:25PM Approved By James. V. Mudd County Manag~t Oate Board of County Commj1i~¡I)I]'I!'r~ CC3IJnly Managr.r's Offtc.c 1015/200" f:.:.49 PM Agenda Item No. 16E1 October 12, 2004 Page 1 of 3 ~ EXECUTIVE SUMMARY Recommendation to award bid received under Bid S04-3708, sale of surplus 32-foot Regal Boat to Bryan C. Durkin OBJECTIVE: To award sale of Isles of Capri Fire Department 32 foot boat to the highest bidder. CONSIDERATION: Surplus Bid S04-3708 was posted on July 6, 2004 in the lobby of the Purchasing Building. There was one (1) bid received. The Isle of Capri Fire Department staff has concluded the one (1) responding bidder did meet fair market value for the surplus boat. FISCAL IMPACT: This is revenue from a private contribution to the Isles of Capri Fire Department, it will be recognized and appropriated to Isles of Capri Fire Department Reserves. GROWTH MANAGEMENT IMPACT: There is no impact on the Growth Management Plan. -, RECOMMENDATION: That the Board of County Commissioners award bid Bid S04-3708 for Sale of Surplus 32 foot regal boat to Bryan C. Durkin, and approve necessary budget amendments. ,,--- Agenda Item No. 16E1 October 12, 2004 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date 16E1 That the Board of County Commissioners award bid Bid S04-3708 for Sale of Surplus 32 foot regal boat to Bryan C Durkin. 10/12/20049:0000 AM Item Number Item Summary Prepared By Date Scott Johnson Purchasing Agent 8/301200410:28:44 AM Administrative Services Purchasing Approved By Dan E. Summers Bureau of Emergency Services Director Date County Manager's Office Bureau of Emergency Services 8/31/200410:13 AM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 9/1/200411:04 AM Approved By Scott Johnson Purchasing Agent Date Administrative Services Purchasing 9/21/20048:32 AM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 9/28/20041:15 PM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 9/29/200410:04 AM Approved By Robin Johnson Management/Budget Analyst Date County Manager's Office Office of Management & Budget 1015/2004 11 :48 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 10/5/2004 5: 02 PM ..- '<:T (") WC'7 to c ~) ..- "1,'0 . (' Q) 0"V :.:; ZL(1) E QJ'l, CDL _0 -Ü .¿gO c: CD Q) « '<T o <0 -- r- (¡j ro o N CD ::::s .g> "0 o a:: J:? 'E w ...: "- Clå. :æ ro -ü (J_ ( ) 0 '0 CD n.:§ c: ûí o c.. N Ø) Ø) .... E ( ) ;: i= - (J ( ) '-' o ~ 11. c ~ ... ::: Q I ' I I I I - ·I~:+ti· ¡ I i ~I ' I '~I i 'I I 0 I I ( ) I £ I II i I I I I ! u C 0:: ~ ... CQ z o ¡:: Q. D:: u en UJ Q ;;.: I- ¡::: Z <I: ::¡ o I I ~I JIL CD C> ra a.. Agenda Item No. 16E2 October 12, 2004 Page 1 of 7 -- EXECUTIVE SUMMARY Recommendation to award Bid No. 04·3701, Electrical Parts and Supplies to be used by various County Departments for maintenance and repairs. (Estimated dollar amount of $100,000) OBJECTIVE: To award Bid No. 04-3701 for Electrical Parts and Supplies, to be used by various County departments for maintenance and repairs. (Estimated dollar amount of $100,000.) CONSIDERATION: The Facilities Management Department is responsible for the repair of all County facilities, as well as minor renovation projects. The award of this bid will allow the Facilities Management Department and other maintenance staff the ability to purchase quality electrical products in a timely manner for repairs. On July 12, 2004, formal bid invitations were posted in the lobby of the Purchasing Building and distributed to seventy-seven (77) firms who provide these services. On July 28, 2004, bids from four (4) firms were opened. A bid tabulation sheet is attached for review. ,,-. Staff has reviewed the bids and recommends award to Graybar Electrical, Inc. as primary vendor, Rexel Consolidated, as secondary vendor, and Hughes Supply, Inc. as tertiary vendor, FISCAL IMPACT: Funds are budgeted in the user departments' cost centers for the annual amount of their usage. GROWTH MANAGEMENT IMPACT: There is no impact on the Growth Management Plan, RECOMMENDATION: That the Board of County Commissioners award Bid No. 04- 3701 for Electrical Parts and Supplies to Graybar Electrical, Inc. as primary vendor, Rexel Consolidated, as secondary vendor, and Hughes Supply, Inc. as tertiary vendor. /~ Agenda Item No. 16E2 October 12, 2004 Page 2 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16E2 Meeting Date That the Board of County Commissioners award Bid No 04-3701 for Electrical Parts and Supplies to Graybar Electrical, Inc. as primary vendor. Rexel Consolidated, as secondary vendor, and Hughes Supply, Inc. as tertiary vendor. 10112/20049:00:00 AM Date Prepared By Scott Johnson Purchasing Agent 9/20/200410:13:23 AM Administrative Services Purchasing Approved By Scott Johnson Purchasing Agent Date Administrative Services Purchasing 9/21/20048:34 AM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 9/21/20048:45 AM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 9/27/2004 9:18 AM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 9/28/20041:18 PM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 9/29/200410:06 AM Approved By Robin Johnson Management/Budget Analyst Date County Manager's Office Office of Management & Budget 9130/2004 4:52 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9/30/2004 5:43 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 9/30/2004 8:02 PM .- NVI'- WO_ (DOO ...-NC") ON-( ) Z,: ~ E( )Q.. 2"8 -;;13 -00 c ( ) C) ~ r-- .... c: CII en ( CII CJ :¡:: o Z N ( ) ;j C) .¡:: "81: a::: ( ) c E t1I ( ,) og' c: ~ t1I CI:::¡¡: :E en Ü ,~ G.I= 'ê"~ Q,u.. 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II) "" ..J C> co ::I ::I "0 8 :r: :r: :r: ~ c: 0 1:: 0 0 0 .<:; .<:; ~ '5 .<:; '5 "0 <0 0 0) (1 ïã « ::I ::I It) 0 0 ::I ~ :r: :r: :r: ::I <0 (1 c.. <0 ::I ::I ::I ::I 0> 0> 0) 0) « 3: « « ü ü a:: Ü LL LL ¡¡: ¡¡: 0 ü ü ::E Ñ ~ ~ ~ UJ :r: û5 rh û5 ¡¡: ¡¡: ¡¡: ¡¡: J: J: ::E ::E II) .. .. .. .. II> II) I!! GI II> GI GI §? X c: .OIl: .OIl: "'" ... 0 II> ê .. .. .. .. [ J ü '-' CI 0 'S: ~ I!! ! I!! GI c.. ãi > '" ãi , c.. ~ 0) i!! '" J2 ID ID ID II> CI ~ .0 II) û? Q¡ ~ <0 '¡: II) - - - - 0> C> ::I I iñ c "5 "5 "5 "5 c: II) 0. c: C" ,....¡ is I! !:! ~ !:! ~ E 0> ä: ';:: UJ ü: c: ~ 00 ~ ü u u U 'E = ü: .:E: 00 ;::¡ ~ 0. ::I UJ "0 c: <0 II) 1:: (1 c.. T§ ';:: Ü II> i:ü (þ 0> <0 c.. o ,... '"' 00 Agenda Item No. 16F1 October 12. 2004 Page 1 of 6 .- EXECUTIVE SUMMARY Recommendation to Approve Tourism Agreement Between Collier County and Best Shot, Inc. for Stock Footage Usage OBJECTIVE: To obtain approval of an Agreement between Collier County and Best Shot, Inc. for Stock Footage Usage. CONSIDERATIONS: Collier County is the owner of certain videotape footage of scenes of Naples, Marco Island and the Everglades shot by Paradise Advertising and Marketing, Inc. from "Florida's Last Paradise" advertising campaign during the week of February 23-27, 2004. Best Shot, Inc. has offered to represent our footage to other potential advertisers. We have asked to include a number of restrictions to the usage including other Florida destinations, hotels, and no use by cigarette, alcohol or adult entertainment advertisers. For the use of the footage, Collier County will receive a fee for the use, which will be shown as revenue in 194 and will be used to offset general tourist department expenses including advertising. The exact amount will vary by user and scene used, so we cannot put an exact amount in the agreement. -- FISCAL IMPACT: No Fiscal Impact from this action. GROWTH MANAGEMENT IMP ACT: There is no impact to the Growth management Plan related to this agreement. RECOMMENDATION: That the Board of County Commissioners approve a Tourism Agreement between Collier County and Best Shot, Inc. for stock footage usage. PREPARED BY: Gail Hambright, Administrative Assistant, County Tourism Department ..-. Agenda Item No. 16F1 October 12. 2004 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16F1 Meeting Date Recommendation to Approve Tourism Agreements between Collier County and Best Shot, Inc. for Stock Footage Usage. 10/12/2004 9:00:00 AM Approved By Jack Wert Tourism Director Date County Manager's Office Toursim 9128/2004 12:43 PM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 9/29/20042:13 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 9/30/200410:34 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 9/30120042:04 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Offic", 9/3012004 2:44 PM "'......._-~' ..".._-'~- Agenda Item No. 16F1 October 12, 2004 Page 3 of 6 AGREEMENT BETWEEN COLLIER COUNTY AND BEST SHOT, INe. THIS AGREEMENT, is made and entered into this _ day of ,2004, by and between BEST SHOT, INC., a Florida corporation, hereinafter referred to as "BEST SHOT" and COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY" or "Licensor". RECITALS: WHEREAS, Collier County is the owner of certain video tape footage of scenes of Naples, Marco Island and the Everglades shot by Paradise Advertising and Marketing, Inc. during the week of February 23 - 27, 2004 for the COUNTY'S "Florida's Lost Paradise" advertising campaign (the "Video Footage"); and WHEREAS, Collier County agrees to aIJow BEST SHOT and its licensees to use the Video Footage for commercial advertising purposes as provided herein. NOW THEREFORE, IN CONSIDERA nON OF VALUABLE CONSIDERATION AND THE MUTUAL PREMISES CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS: TERM. The term of this Agreement is for five years from the date set out above and shaH be automatícalIy renewed at the end of each preceding five year period, unless terminated by BEST SHOT or Licensor at any time by providing 60 days advance written notice to the other party. MA TERlALS. This Agreement applies to any and all of the Video Footage as agreed upon by hoth parties and as approved in writing by the County's Tourism Director (hereinafter referred to as "the Materials".) RIGHTS. (a) Licensor hereby grants BEST SHOT the non-exclusive right of access to view, take possession of, and to duplicate any or all of the Materials for BEST SHOT, INC'S use as "stock footage". (b) Licensor hereby grants to BEST SHOT the fight to license others to use the Materials as stock footage. "Stock footage" means generic stock scenes, shots with cleared or clearable talent and processed background footage which BEST SHOT, in its sole judgment, deems to have potential commercial value. Agenda Item No. 16F1 October 12, 2004 Page 4 of 6 OBLIGATIONS. (a) The Materials are to be stored at a facility of Licensor's choice. Licensor agrees to provide BEST SHOT with 34" viewing copies of the Materials in addition to allowing BEST SHOT access to master elements. (b) BEST SHOT agrees to pursue the greatest financial return for the Licensor and will make every effort to license the Materials to third parties for not less than its published price list, as amended from time to time, BEST SHOT reserves the right to discount prices as required. COMPENSATION. In consideration for the rights herein granted to BEST SHOT and for the warranties and indemnities herein contained, BEST SHOT agrees to compensate Licensor as follows: (a) BEST SHOT will catalog, tile and store the Materials at no charge to Licensor. (b) BEST SHOT will pay Licensor 50 percent of the gross license fee obtained by BEST SHOT from third parties within 30 days of BEST SHOT receiving the proceeds of such a license. WARRANTIES. Licensor warrants that it is the sole and exclusive owner of all right, title, and interest to the Materials. INDEMNIFICATION. Licensor.agrees that it will indemnify and hold BEST SHOT harmless from any and all loss, damage, claims or awards (including reasonable attorney fees) which BEST SHOT, INC. may suffer by reason of a breach of the above warranty. BEST SHOT shall hold hannless and defend COUNTY, and its agents and employees, from any and all suits and actions including attorney fees and all costs of litigation and judgments of any name and description arising out of or incidental to the perfonnance of this Agreement or work performed thereunder. This provision shall also pertain to any claims brought against the COUNTY by any employee of the named BEST SHOT, any licensee, or anyone directly or indirectly employed or authorized to perform work by any of them. TALENT RELEASED. All the identifiable people depicted in the Materials are released for commercial broadcast purposes. SPECIAL CONDITIONS. (a) It is specìtícally agreed that the exclusive ownership of the Materials remains with the Licensor. BEST SHOT shall have no ownership interest in the Materials, (b) Licensor may license the Materials directly to clients or through other companies as Licensor so chooses. (c) The parties agree to the following exclusions and limitations: 2 "--.'".-- ---- -- Agenda Item No. 16F1 October 12, 2004 Page 5 of6 1) no Materials may be licensed to Convention & Visitors' Bureaus, destinations hotels or attractions in South Florida; 2) no Materials of the floating lady will be licensed; 3) no Materials may be licensed to advertisers or any entity promoting cigarettes, alcohol, adult entertainment or any controversial business or service; and 4) no Materials may be licensed if a hotel, destination or attraction is identifiable without the consent of the owner of such hotel, destination or attraction. NOTICES. All notices from the COUNTY to BEST SHOT shall be in writing and deemed duly served if mailed by registered or certified mail to BEST SHOT at the following address: Best Shot, Inc. 4726 North Lois Avenue Suite A Tampa, Florida 33614 AU notices from the BEST SHOT to the COUNTY shalI be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: Jack Wert, Executive Director Naples, Marco Island, Everglades Convention & Visitors Bureau 3050 North Horseshoe Drive, #218 Naples, Florida 34104 BEST SHOT and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. STANDARD CONDITIONS. (a) This Agreement is only assignable with the written consent of both parties. (b) Licensor authorizes BEST SHOT to act as its agent in perpetuity specifically to protect its copyright for any footage licensed by BEST SHOT. (c) This Agreement may be executed in several counterparts and by telefax copy, each of which shall be deemed an original and all executed shaH constitute one agreement. (d) This Agreement shall be construed according to the laws of the State of Florida. ¡e) The parties listed below are ~uthorized to enter into this Agreement. 3 Agenda Item No. 16F1 October 12, 2004 Page 6 of 6 IN WITNESS WHEREOF, BEST SHOT and the COUNTY have respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: DONNA FIALA, Chairman , Deputy Clerk WITNESSES: BEST SHOT, INC. BY: p~þ- ?Y'...e~ : e1~~ PrintedlTyped Title . I'Z--.....I,I ~'J'I"i:>IIeJ PrintedfTyped Name (corporate seal) ." -... ~þ ...., --~ - - .: ': 2 ::..: ~ 7;::;: 2<-~/ ,- ~ ApprQved as to fonn and legal sufficiency: Heidi F. Ashton Assistant COWlty Attorney 4 Agenda Item No. 16F2 October 12, 2004 Page 1 of 3 .--- EXECUTIVE SUMMARY Recommendation for Approval and Ratification of the Extension of Contract No. 03-3537 for an Additional Year Between Paradise Advertising & Marketing, Inc. and Collier County for Marketing and Advertising Collier County as a Tourism Destination. OBJECTIVE: Obtain Board approval and ratification to extend Contract No. 03-3537 for Tourism Development Council Marketing Services between Paradise Advertising & Marketing, Inc. and Collier County for an additional year in marketing and advertising CoUier County as a tourism destination. CONSIDERATIONS: At the October 28, 2003 Board of County Commissioners Board meeting Item No. 16-A-13 for RFP No. 03-3537 was awarded to Paradise Advertising & Marketing, Inc. for Tourism Development Council Marketing Services (in the estimated annual amount of $820,000). This contract will expire on September 30, 2004. Per the Agreement the County shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. Notice was sent to Paradise Advertising & Marketing, Inc. Per the attached document, Paradise Advertising & Marketing, Inc. consented to this extension and its terms. /~ FISCAL IMPACT: The funds of $120,000 for fee related services and funds in the amount of $700,000 for advertising expenditures are covered in the approved Tourism Department Budget for FY 05 Fund (194). GROWTH MANAGEMENT IMP ACT: There is no Growth Management impact with these initiatives. RECOMMENDATION: That the Board of County Commissioners approve and ratify the extension of Contract No. 03-3537 for an additional year to September 30, 2005 between Paradise Advertising & Marketing, Inc. and Collier County for marketing services. PREPARED BY: Gail Hambright, Administrative Assistant, County Tourism Department .-- Agenda Item No. 16F2 October 12. 2004 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date 16F2 Recommendation for Approval and Ratification of the Extension of Contract No. 03-3537 for an Additional Year Between Paradise Advertising & Marketing. Inc. and Collier County for Marketing and Advertising Collier County as a Tourism Destination 1011212004 9 00:00 AM Item Number Item Summary Approved By Jack Wert Tourism Dírector Date County Manager's Office Toursim 91301200411 :30 AM Approved By Heidi F. Ashton Assistant County Attorney Date County Attorney County Attorney Office 913012004 4: 21 PM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 9/30/20044:58 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 9/3012004 5: 13 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 913012004 5:47 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 9130120045:53 PM 09/29/2004 WED 10:43 FAX Se¡¡.29.2004 7:47AM collin tourism Agenda Item No~qWOD2 No 3 7~4?tobEtf 1~, 2004 . f!I~g& 3 of 3 Naples @ M.ärco Island ~~= - IL.-- Everglades'· ""^ f1 '" D a I&. c; 0 A !II T September 28, 2004 Mr. Cedar Hames, Þrosideøt Þamdise A.dvcrtiafng & Ma.tbùag. Inc. 150 Second Awnuc North #880 St. Peteraburg"FL 33701 Re: Tourism Dovclopmcnt Council Marlœtiug Servicca Contract # 03-3537 DoarCeda:r: The above referenced CoDtract entered into on October 28, 2003 win torminato on Septs:nber 30, 2004. Per the Conttaot md with your CODSent we are requesting an 8XWnaion ofthi. asreemont fur a one (1) yoár period with the Jam" tmns and conditions. If you consent to this extension, and waive the 1 Q..day notice period, please sign and date below ad forward. ~ to :my office u lOon as pouible. Sinccrc1y. , ~~~ Tgurism Dlrector ~~ CCâar Hamea. = l1:~ C~DY8lltloD. a Vlliton BIlRAD. 3050 1'4. Honellh_ DrIve 1\1218, Naptu.. JI'I 34104 T (23') 40343114 · F (239) 4QW.i04 Web sate ",,",.eIaHPBørCda~ Agenda Item No. 16F3 October 12, 2004 Page 1 of 2 ee- APPROV AL OF BUDG ET AMENDMENTS BCC Agenda oft 0/12/04 Isles of Capri Fund (144) Budget Amendment #04-538 Personal Services $25,000 Reserves Reserve for Contingencies (25,000) Total -0- Explanation: Funds are needed to cover the final payroll for FY04. Isles of Capri Fund (144) Budget Amendment #05-001 Operating Expenses $3,800 Reserves Reserve for Contingencies (3,800) Total -0- Explanation: Funds are needed to enter into a five-year lease for personal protective equipment. - General Fund (001) Budget Amendment #05-011 Hurricane Charley - Personal Services $1,500 Hurricane Frances - Personal Services 500 Hurricane Ivan - Personal Services 1,500 Hurricane Jeanne Personal Services Other Operating Expenses 500 5,000 Reserves Reserve for Contingencies (9,000) Total -0- Explanation: Funds are needed to fund temporary employees in Emergency Management coordinating paperwork documentation to secure reimbursement trom hurricane events impacting Collier County. The $5,000 in operating expenses is primarily for cleaning and disinfecting all of the supplies in the disaster recovery units that are deployed to shelters located throughout the County. ..r-- Prepared by: Pat Lehnhard, Administrative Assistant, OMB Page 1 of 1 Agenda Item No. 16F3 October 12. 2004 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary Meeting Date 16F3 Approval of Budgel Amendments. 10/12120049:00:00 AM Date Prepared By Pat Lehnhard Administrative Assi.tant County Manager's Office Office of Management & Budget Approved By Pat Lehnhard Administrative As.istant Date County Manager's Office Office of Management & Budget 9/29120043:09 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1016120049:10 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 10/6/20049:35 AM Agenda Item No. 16F4 October 12, 2004 Page 1 of 7 ,--. EXECUTIVE SUMMARY Recommendation to authorize staff to prepare and submit applications to register service marks with the United States Patent & Trademark Office and the State of Florida Division of Corporations to preserve the County's advertising, logos, phrases and slogans. OBJECTIVE: That the Board of County Commissioners authorize staff to prepare and submit applications to register service marks with the United States Patent & Trademark Office and the State of Florida Division of Corporations to preserve the County's advertising, logos, phrases and slogans. CONSIDERATIONS: On February 1, 2004, the Collier County Tourism Department (Naples, Marco Island, Everglades Convention & Visitor's Bureau) began the use of two logos incorporating the phrase, ''Naples Marco Island Everglades Paradise Coast", in advertising to promote tourism in Collier County. In addition, the Tourism Dept. also began utilizing the phrase "Florida's Last Paradise" in advertisements on February 1, 2004. ,/'""' Collier County has established a right to use through legitimate use of the logos and phrases since February I, 2004. By registering service marks with the State of Florida, the County will be afforded additional legal protection of its use of the logos and phrases for advertising and business within the state. By registering the logos and phrases with the United States Patent & Trademark Office, the County will be provided additional legal protection of its use of the logos and phrases in advertising outside the state. The County will need to register two logos including the phrase, "Paradise Coast", as well as a separate mark for the phrase, "Florida's Last Paradise". The cost to file a service mark application with the state is $87.50 per application. The County will need to file three separate applications with the state. The cost to file a service mark application with the United States Patent & Trademark Office is $335.00 per application. The County will need to file three separate federal applications. GROwm MANAGEMENT IMPACT: None. FISCAL IMP ACT: The total cost associated with filing the state and federal applications is $1,267.50. Funds are available in account no. 194-101540. RECOMMENDATION: 1. That the Board of County Commissioners authorize staff to prepare and submit applications to register two logos including the phrase, "Paradise CoaSt", as well as a separate mark for the phrase, "Florida's Last Paradise", with the United States Patent & Trademark Office and the State of Florida Division of Corporations for use by the Collier County Tourism Department (6 total applications: 3 state, 3 federal); 2. Approve the expenditure of funds as stated. ~ 3. Authorize the Chainnan to execute the completed applications on behalf of Collier County after approval by the County Attorney's Office. PREPARED BY: Jefftey C. Clapper, Legal Assistant, Office of the Collier County Attorney Agenda Item No. 16F4 October 12. 2004 Page 2 of? COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16F4 Recommendation to authorize staff to prepare and submit applications to register service marks with the United States Patent & Trademark Office and the State of Florida Division of Corporations to preserve the County's advertising, logos, phrases and slogans. Meeting Date 10/12/20049:00:00 AM Prepared By Date Jeffrey C. Clapper Legal Assistant 9/28/2004 5:01 :51 PM County Attorney County Attorney Office Approved By Jack Wert Tourism Director Date County Manager's Office Toursim 9/30/200411 :29 AM Approved By Heidi F. Ashton Assistant County Attorney Date County Attorney County Attorney Office 9/30/2004 1 :46 PM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 1011/2004 8:59 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management &. Budget 1014/2004 12: 18 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 10/5/20041 :05 PM -- Agenda Item No. 16F4 October 12, 2004 Page 3 of 7 "\ ì GREATER NAPl.ES, MARCO ISLAND & THE EVERGLADES DESTINATION BRAND GUIDELINES Building a powerful brand for Collier County A powerful brand defin~~ itself in the marketplace as totally unique and desirable. Based on careful resea rch, Íl creates the right (krception in prospects' minds and develops a rdarionsbip with them over t.ime. These gu;ddineswi!l hdp build that relationship by ensuring the various brand clements appear in the marketpla~:e in a consistent manner. If you have any questions, please contact: Jack Wert Executive Director 'The Greater Naples, Marco Island & The Everglades Convention and VJSitor's Bureau 239-403-2384 --~_.. ~.~-------~~ ) The Collier County Brand 1ò emphasize the aœa's idyllic beaches, and to hint at all the offerings beyond the beaches, d!e taglinc ""The Paradíse Coa.st &1,0' is used in conjunction witb the logo. It a1so selVes as a descriptor of the area, TIlls phrase plays into ùIe drcarru; and desires of the consumer: that the tropical escape, serenity aru:ì n:1axing bt'a('hsid~ fun that they seek can be best found here. To clearly 3eparate Collier Cuunty £iom other Florida de.St1nai.ions and resorts claiming to be "P<1radise", the positionjng phrase "Florida's Last Paradise oM" is used. This clarifies the area as a unique, more desirable form of Pa:::aCÜ5e, and suggest.~ other Rorida. desrinatioll5 are "old news" and/or "also ran". ----*- Brand Expression and Usage In C'.)py, the name suuuld read: Naples, M2JCO Island .& the Everglades ("the" should always go before Everglades. It is not capitf'lJÚ.ed. An amper";tnrt Sh0U1d he 1Jsed instead of "and.~) 'TI1e are-..3 dt'--scriptOl' tlüJt supports the bland name, Parad.i.&: Coast, should always be capitalized (j ad followed by a superscripted SM. ,"Vhm using the pOÛLÍoumg statement, Banda's Last Pamdise, In cop)', it shOtÙd always be çapitalized and be followed by a superscripted S1(. ) '10 :-J.id readability, Paradise Coast ::;Î!.ouJd a.h·, ~ys Lc '\ip.ilalÎ2,cd in the web address as shown: W W 1.1,'. F':1radiseCoa.<;t. com ,.'_'''''".,./!i>..~_~-:;''~' -~---~ ") An important aspect of consistently representing the brand is the logo. Through research, the destination logo has been carefully developed and verified. In order to legally protect ownership of t:lris important element, a superscripted SM., or other symbol of legal ownership always appears with the logo as shown. Depending on need and use, there are scverdl versions of the logo. The preferred, standard vel1!ion is the vertical (stacked) version. (See example on right). ) The logo feawres a white box which is preferred, but which can be elimimlted depending on need In the event a. horizontal use of the logo is required, a horizontal version bas been developed, which utilizes the same sp,..riñc;¡tioos as above. (See exampJe on rigb1). ) In every case, all efforts should be made to place the logo in the lower right of all commurncatioIl. (See examples on last page) Agenda Item No. 16F4 October 12, 2004 Page 4 of 7 Naples @ Marco Island - ~'N - ..."",.,.- ~ Everglades PARADISE COAST'" Naples <i Marco Island " ~~" Everglades " lOA ..A" I~I! CCI A..'- ~ Naples Marco Island ~ Everglades~~ po A Ft A D I 5 e 0 0 A S -r'" _.._-~.- -) Black and White In the event the logo needs to be rendered as bI.aclc. and white, black. and white logos have been developed as shown. One Color In the event the logo needs to be rendered as one color, one color logo.'! have been developed as shown. Preferred one color is: PMS Blue 281 CMYK.: 10W'~ cyan 720J0 magenta 380/0 bla.ck .) Graysca.1e For grayscale use~ the logos shown have been developed. Grayscale can aJso be used in a black. and white application. 1n grayscale~ the elements that are gold in the color version print 50% black in the gTayscale version, as shown. ) Agenda Item No. 16F4 October 12, 2004 Naples @'agesof7 Mirco Island ~~~ ~ ~ Everglades PARADJS&: COAST'"' ~ Naples Marco Island ~ Everglades~ P A. AI A. D I 51 E C 0 A .s 'Tal Naples @ Mirco Island ~ ~..-- ~ . ~-~- - --- Everglades PARADISE COA.ST- ~ Naples Marco Island " Everglades~~ PAR AD. & E C C> A. S ,..- Naples @ Mirco Island ~ ~~ ..., -=.. ~ ~ Everglades PAR A 0 I S I': C 0 AS T- ~ Naples Marco Island ~ Everglades~ PAR A D IS E C C> AS-r'" Color Reverse The logo can be used in reverse, when used in a color application, as shown. ) The vet;tical (square) version is always the preferred version. One Color Reverse The logo can be used in reverse, when used in a one color application. as shown. The vertical (square) wrsion is always the preferred version. ) Gra.yscale Reverse The logo can be, used in reverse, when used in a grayscale application. The veråca1 (square) ver.sion is always the prefened version. -) Agenda Item No. 16F4 October 12, 2004 Page 6 of 7 I . - ~aplc.., ~\larc() J SLUld L\'crr,Ltdc~ -- .- <.. r' /.... .--:: ,¡l~"" r) I :"';. r ~:,_; ('J .r... ~.~ 1 ._","<~-.....,.--.~-".- "1 Black and White Reverse The logo can be used in reverse, when used in a black and white application. The vertic.aJ (square) version is always tlle preferred version. Agenda Item No. 16F4 October 12, 2004 e 7 of 7 a!'. :'<aples @ ,\ LUTe) l~¡and ~ E\"c rgJ ~i(Ics '-- /L, r:. ) ,~, ! rð. j\';lpies ,\Jan:u I..,land ~ E\Tr~Lrdl''''~ ,- I -" ./'. ! ~ ".... 1.. " I _ -; t , I" '\. ~ '; ~ Advertisements As research shows that many people plan their vacatiODS online, the website address should be on every ad. Where appIicahle, traclcing letters should be inserted into the web address. A toll-free DUIIlber and offer for a free VISitors Guide should be in every advertisement. ) Exa.mpl~ 'of Logo Usage 4/c vçrtical (stacked) version -l~tt right comer .J 4J c horizontal ""erSion - lower right corner Agenda Item No. 16F5 October 12, 2004 Page 1 of 2 -, EXECUTIVE SUMMARY Approve the Transfer of Two (2) Existing Full-Time Positions from the Emergency Medical Services Department to the Bureau of Emergency Services and Approve the Necessary Budget Amendment. OBJECTIVE: To re-allocate from the Emergency Medical Services Department two currently budgeted, vacant full-time positions to the Bureau of Emergency Services as part of the re-alignment of the Emergency Medical and Emergency Management Departments within the Bureau of Emergency Services. Approval of the necessary Budget Amendment is also requested. /- CONSIDERATIONS: The Bureau of Emergency Services is requesting approval to transfer two currently budgeted vacant positions within the Department of Emergency Medical Services to the Bureau for the purpose of providing an admistrative assistant and a public information coordinator/trainer. These currently budgeted FTE's wi1\ be utilized to meet internal operational and community educational needs of the following departments within the Bureau: Emergency Management, Emergency Medical Services, Isles of Capri Fire Department, Ochopee Fire Department, and the Office of the Medical Examiner. FISCAL IMPACT: The $108,000 needed to fund the two positions is currently in the EMS FYOS budget, funded by the General Fund. A Budget Amendment will move these costs to the FYOS Emergency Management budget. These positions will remain in the Department of Emergency Management. GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: Board of County Commissioners approval of the transfer of two existing full-time positions from the Emergency Medical Services Department to the Bureau of Emergency Services and approval of the necessary Budget Amendment SUBMITTED BY: Dan E. Summers, CEM Director Bureau of Emergency Services ,.-- Agenda Item No. 16F5 October 12. 2004 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date 16F5 Approve the Transfer of Two (2) Existing Full-Time Positions from the Emergency Medical Services Department to the Bureau of Emergency Services and Approve the Necessary Budget Amendment. 10/1212004 9:0000 AM Item Number Item Summary Prepared By Date Dan E. Summers Bureau of Emerg.ency Services Director 1014120043:31:05 PM County Manager's Office Bureau of Emergency Services Approved By Dan E. Summers Bureau of Emergency Services Director Date County Manager's Office Bureau of Emergency Services 10/412004 3:35 PM Approved By Darcy Waldron Senior Administrative Assistant Date County Manager's Office Emergency Management 1014/2004 3:37 PM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 101412004 3: 57 PM Approved By Robin Johnson Management/Budget Analyst Date County Manager's Office Office of Management & Budget 10/5/2004 8 :56 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 10/5/20049:08 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 10/512004 12:39 PM Agenda Item No. 16H1 October 12, 2004 Page 1 of 6 -- 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 FUNCTION/EVENT: Regional Planning Council "Addressing the Regional Agenda" Conference .",--. PUBLIC PURPOSE: Learning of the challenges & solutions to regional issues, i.e., transportation, affordable housing & disaster recovery. DATE OF FUNCTION/EVENT: Friday, October 29,2004 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 Donna 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: October 12,2004 ~. Item Number Item Summary Meeting Date 16H1 Agenda Item No. 16H1 October 12, 2004 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Commissioner Fiala's request for Board approval for reimbursement for funds pre-paid to attend a function serving a valid public purpose, The Commissioner will be attending the Regional Planning Council's "Addressing the Regional Agenda" Conference on October 29, 2004 at the Harborside Event Center in Fort Myers; $35.00 to be paid from Commissioner Fiala's travel budget. 10/12/20049:00:00 AM Date Prepared By Kathy Highbaugh Board of County Commissioners Executive Aide to the BCC 9/221200411:39:17 AM Approved By BCC Office Sue Filson Board of County Commissioners Executive Manager to the BCC Date Approved By BCC Office 9/30/20047:41 AM James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 9/30/2004 11 :41 AM /"'"" FIor.Ida P~.1 Agenda Item No. 16H1 i' Qctober 12. 2004 . Page 3 of 6 H (OMM. REC'D COpy F . TH FC j( September 10, 2004 ~&yllœ Drtvc.. 4th Ptoor, N. Pl.Myua, n. 889~7.~ (~~ $56-7?1IO P.O.II(1JC8W. N. Ft.. :M~..PL 88Q18-84õG SUNCoM 1'.(9.1780 FAX (880) 656--1784 RECEIVED SEP 1 4 2004 Board of CountJ Com_1 . For Immediate Release S5 Joners Regional Planning Council Announces a Conference for Southwest Florida All members of the Southwest Florida conununity are invited to attend a full day conference titled "Addressing the Regional Agenda." Regional issues, whether they are transportation, affordable housing, disaster recovery or a host of other subjects, impact the quality of life in Southwest Florida. Many of the challenges facing Southwest FJorida exceed the boundaries of local political structures, creating increased mgency for the task of finding regional solutions to these challenges. Conference participants win address solutions and begin to fashion a process for creating sustainable growth patterns, beginning with 'community education and open dialogue, developing a vision, and ultimately gaining legislative and community support through the explanation of that vision and the building of partnerships. The Conference is slated for Friday, October 29th at the Harborside Event Center in downtown Fort Myers &om 8:00 a.rn. to 4:00 p.rn. The cost of the conference, including a hmcheon is $35 per person. Reservations can be made by contacting Nichole Gwinnett at (239) 338-2550 or by downloading the registration form at www.swfrpc.org. \ I ). I "Addressing the Regional Agenda" is expected to provide a foundation for the identification of regional opportunities and related legislative priorities for the 2005 Legislative Session. Outcomes &om the October 29th Conference will be provided to the Southwest Florida Legislative Delegation for consideration in future policy development to be discussed at the December 10th event at Florida Gulf Coast University called "ISSUES '05: Southwest Regional Delegation Forum," being spearheaded by Representative Mike Davis. . The featured morning Plenary Speaker will be Thaddeus L. Cohen, Secretary, Florida Department of CommuDity Affairs (DCA). Secretary Cohen's recent emergency management experiences working on hurricane relief highlights the importance of "Building Community Pørtnerships. " Governor Jeb Bush appointed Mr. Cohen as Secretary of the Department in March of this year. Secretary Cohen, who served on the Governor's Growth Management Study Commission, is an established architect and urban designer with more than 30 years of experience. He leads the'DCA as it continues to work with local and state governments responding to natural disasters and the need for affordable housing while addressing issues related to growth and the environment. Secretary Coþen is dedicated to pro~oting quality land use and working col1aboratively to serve residents and the many stakeholders who are seeking a better future for Florida. Following the session, conference participants will have the opportlmity to learn about the importance of regional and conummity approaches to creating a sustainable Southwest Florida. Expert panelists are being brought together to discuss four topics of regional significance; transportation, environment, economic prosperity and urban fann, in a ConcurreDt Fast Track format. Panels and track participants will be asked to suggest policies and strategies that might be pmsued to eßhance the quality oflife of both residents and visitors to Southwest Florida. " J /875" /ÏUYl/i-H /th~ ~ 3<fO( Agenda Item No. ~6H1 October 12, 2004 Regional PlaJÍn~ng Council AnnounceS a Conference for Southwest Florida... Page 4 of 6 LWlcheon program participants Will take a look at "who we are" and hear "whllt we say" as the Southwest Florida District of the Urban .Land Institute presents a demographic profile .of Southwest Florida and the responses to a Regional Quality of Life Survey conducted over the past month. Guests will then hear about "Regional Thinldng-Regional Action" ftom the featured IWlcheon keynote speaker, James Murley, Director of the Cantanese Center for Urban and Environmental Solutions at Florida Atlantic University. h1 February 1999, Mr. Murley became the Director of the Center for Urban and Environmental Solutions in Fort Lauderdale, Florida. The mission of the Center is to work with policy makers and the public in their pursuit of options for managing growth while preserving natural systems, promoting a s1rong economy and planning livable cOIDI11Wlities. Legislators from across the region have been invited to join the conference for l1.mch and participate as speakers during the'afternoon session titled '~ Southwest Florida Legisllltive DelegøtJon Perspective." Given the numerous responsib~lities they face, their thoughts along with their vision for Floriqa's future will be a tremendous addition to the program. The culminating activity of the day will be a VISioning exercise; the participatory visioning wodœhop is offered to provide conference attendees with an opportunity to learn first hand how Southwest Florida can build consensus, leverage resources and increase citizen participation through community visioning. A high quality of life and economic vitality do not come about by chance, they require clear vision and effective planning. While growth is the result of market forces and population, it is also shaped by public policy decisions. Therefore, planning to inform thoSe policy choices is important for a region's economic vitølity and future growth. A vision is never built in an afternoon or implemented overnight. It takes patience, collaborative, and often piecemeal efforts so that better choices are made about how to achieve a sustainable Southwest Floridi. This visioning workshop will be a part, and only a. part, of creating an organimtional structure that can help bring public and private thinkers and stewards together for a greater good. The workshop will be facilitated by Neighborhood America. Neighborhood America will continue the visioning effort at the ISSUES '05 legislative forum on DeCember 10th. NeighbOrhood America is the industry leader in providing computer based standards and enterprise software to promote public communication management. FOWlded in 1999, Neighborhood America's corporate offices are located in Naples, Florida with additional offices in Boston, New York, Washington D.C., Phoenix, and San Francisco. "rt::j'~"'" \ Û ;jl., -"fI"I!.. í ~Ì\ . , I ~~~J",; . . I. j'~I! '. I '. ".''It""J!I''';;-, ·'i1..t,.,I'.~~!, '/1 : ,:"il'f1i" I"j(';\" l ',', ::;~~>f Thç Southwest Florida Regional Planning Council acts as a regional information clearinghouse, conducts research to develop and maintain area wide goals, objeçtives, and policies, and assists in implementirig a number of local, State, and Federal programs; The Council serves as an advocate for the Region with State and Federal agencies, including the Legislature and Congress. It is assisted by a professional staff of twenty-five. Staff .members sit on a variety of regional committees representing the COWlcil's . programs and policies. For more information, please contact Ken. HeatheringtoJ.1, Planning Director kbeatherini1on@swfi:pc.org 239.656.7720, ext. 222 ,.~- .-- .. Agenda Item No. 16H1 October 12,2004 Page 5 of 6 \ A /?4¡p'ozJ.lll P./II.'C. V1."OfF Co.rdh~ b $OUçD-Wast No.t:idll October 29, 2004 Harborside Event Center Historic Downtown Fort Myers. Florida Conference Schedule and Program \ Hosted by: Southwest Florida Regional Planning Council The Chamber of Southwest Florida The Southwest Florida District ofthe Urban Land Institute Florida American Planning Association promised Lands Section 1 "~""" Agenda Item No. 16H 1 October 12, 2004 Page 6 of 6 Addressing the Regional Agenda A ~ Pfø'fJo.itJ¡.{ ~ fir ~ ~ Friday, October 29, 2004 8:00 a.m. to 4:00 p.m. Harborside Event Center Historic Downtown Fort Myers Fort Myers, Florida Fee: $35 per person Includes morning coffee and a buffet lunch, as well as workshop materials Name: 1o,IJMA ¡("AlA' Title: &mmì:ü/õ>tLJ Company/Organization &/1 ìt'R.- &v~ 1~/1ar;J7 6 . Street! P.O. Box Address 33 0 I 6. ¿flJvu..Jl./I'I/i-' ¿fz.J City ,Aj ~ State Ft- . Zip Code $/.;L- EmaD Address dOhY'A.-F;,. -J~ ~/It:;tf ¡I. t1.ftePhone (j ~Yl'JfI- ÝiP " 1 Registration fee included Pay at the door For more information, please contact Nichole. Gwinnett by phone at (239) 338-2550, or fry email at ngwinnett@swfrpc.oTg. Please make check payable to the Southwest Florida Regional Planning Council. Credit cards are not ~~~. . Fees for multiple registrants may be combin~ into one check, but please submit one form per person by Friday October 22nd with your payment. Please mail registration fee with this form to: . Southwest Florida Regional.Planning Council P.O. Box 3455 North Fort Myers, Florida 33918-3455 Brought to you by the Southwest Florida Regional Planning Council The Chamber of Southwest Florida The Southwest Florida District of the Urban Land Institute Florida American Planning Association Promised Lands Section <_....--""';-~ Agenda Item No. 16H2 October 12, 2004 Page 1 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. CONSIDERA nONS: 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 FUNCTION/EVENT: The Greater Naples Chamber of Commerce Wake Up Naples Breakfast ~ PUBLIC PURPOSE: To secure relations with the Naples Chamber of Commerce members and hear guest speaker Mr. Joe Landon on "A Demographic Review of the Collier County School System" DATE OF FUNCTION/EVENT: Wednesday, September 22, 2004 FISCAL IMPACT: $20.00 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 to attend function serving a valid public purpose. PREPARED BY: Sam Tucker, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: October 12, 2004 r-- Agenda Item No. 16H2 October 12, 2004 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16H2 Meeting Date For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend the Greater Naples Chamber of Commerce Wake Up Naples Breakfast on September 22, 2004. $20.00 to be paid out of Commissioner Henning's travel budget. 10/12/2004 9:00:00 AM Prepared By Date Sam Tucker Executive Aide to the BCC 9/23/2004 9:58:44 AM Board of County Commissioners BCC Office Approved By Sue Filson Executive Manager to the BCC Date Board of County Commissioners Bce Office 9/30/2004 7:43 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 9/30/2004 11 :44 AM From: Naples Area Chamber 1-941-262-7245 To: Date: 9/14/04 Time: 11:14:32 PM PLeC1st J oLV'v Agenda Item No. 16!-fige 1 of 1 October 12, 2004 Page 3 of 3 .~ -- , .~~""~ G£e~œ.. :apfes Chal~~.,,:,f C~mméØfè'1 5 2OO~.. ....... ~ . ., .;: (. ~~.¡.~"" ö< ,} .;. ). "~ !}oarò (}\ ,.,..',.,,11.. '. .,¡ .. WAKE UP NAPLES September 22, 2004 at the Hilton Naples and Towers Topic: "A Demographic Review of the Collier County School System", Presontêd by' Mr. Joe Landon TickeU are 517.00 in advaaee aDd $20.00 at tbe door. Payment Requested By NOON SeptCDlber 21 ~ 2004 _ ., -_tM Sponsored By: Patrick O'Connor Culdwell Banker ~f~ 'CoiDWFT i~ ~ ÌN T Ë-iÑ AT ï Ò NUA Ï:~ ~~~ No Refunds After NOON. September 20th ......--------- . .. - ....., -----"' C AMEX C MasterCard Signature :==~Q~~::.:::$ PIIoD.~~()91-FAX --~ ~_ _ Ad_~~OI ~j ~ i!.......ta~.. ~. Repnoeatau..._diD ¡: b'nUY\ I~I j_ For DlDre informatioD, please ean-nè CliIllÚer at 262~76, or fax 262-8374 (jdtJt1Y k. ChecklCas1ì t'J VISA Credit Card f# fùu4- ~@~ Agenda Item No. 16H3 October 12, 2004 Page 1 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: Frank Halas FUNCTIONIEVENT: Economic Development Council & Gates McVey Ground Breaking Ceremony for the North Naples Research & Technology Park /'"'"' PUBLIC PURPOSE: Support economic diversification in Collier County and interact with local business representatives and constituents. DATE OF FUNCTION/EVENT: September 30, 2004 FISCAL IMPACT: $8.50 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 to attend function serving a valid public purpose. PREPARED BY: Trisha McPherson APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: October 12, 2004 ~ Agenda Item No. 16H3 October 12, 2004 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16H3 Meeting Date Commissioner Halas' request for Board approval for reimbursement for attending a function serving a valid public purpose. Attend the ground breaking ceremony for the North Naples Research & Technology Park on September 30, 2004. $8.50 to be paid from Commissioner Halas' travel budget. 10/12/20049:00:00 AM Date Prepared By Trisha McPherson Executive Aide to the BCC 9/29/200411:57:57 AM Board of County Commissioners BCC Office Approved By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office 9/30/20047:45 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 9/30/200411 :29 AM .^.----.... J r "0 ~n 5"' r> ~ ~ ~ (') '"' 0 o :3 s~ ª 3- 3:: <.¿ ~ o c ~ ~ ~ 3 ã ~ tj _ ~ 0 VJ ~ ~ ~ È. ~. '" c ;:! :3 ;:! ¡:; ~ ê_ ~ ;:! ~ Nil<> ~ .:'J~(I::- N~'E' Oc::--~ o '" ~ ~;:; E: o ;:! ~ ~~ ... o-~ F-; ?- ;0<- ;? ;:0 ;><: ["' 0 ~-i§ ~ ~¡fifzZ :; ~6'§~g ~n~~ .,,-<::J< II> :> ~ e::..' __:r: ;::;- 0 :3 z -' '"';; 0 ~. n ~ en ª",:3 :><: =II>n-O",~n(! ¡::-< ~_ ::J;::;-(! ;:r....::JO ;:r 3 0 n R" ~ õ g -. C ::J t¡;5 0 ¡» ¡:::(! 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'" © n Z '" "0 rb '" "'!'1 Õ .... ö:. ?" n o 3 N 0'- <...oJ Ò\ o N - '"';; ~~ o '" ::J ." Q...n '" 0 -::: ::J en::!:> (! .... 'd 3 ....-< (!¡ 0 3 ¡:: 0-.... ~ @ N'" -.)0 . ~ N'" 0::1, 00 ~::J Z' ;? C ~~ :3 52 00 ~-< öcn Om ?> ~ ?::: m " ~ \OtJ:J .. m 25;:0 :> I.,,;.J . 0 ~ ~ N o o ~ N o o ~ ~z I""I¢ f." _ M .... ,..-4 'It::l: t"'t :% )0- "i't"'C1 -r¡- ,.., ~ ,,-, ::r.: . ø ,... ô ì1'f ..,,; Z S!? 0 ~ ::>::I o ..... ~ .......0'- ...."'Z if~> o 0 :::: 5:ë:Œ ~c:;;o "0 CJ:I m _...þ..en ~ ...... ~ o 6' ()::>::I o '" :=;::o...::r: ~.)Þ ~Z.-.J (t -ð m o - () ;;:s ~ ::I: O~ Z __0 Q... s¡ Or' e _. CIJg-~ ...þ.. ""ï:; ...... :> ;:0 ;><: Agenda Item October~~' 216H3 p ,004 age 3 of 3 ¡;;;-'n ¡:: 0 ~ ~ a.. 0 ;:r ¡¡;. Z n~O ~ 5' ê; ¡:¡;. -< () n~' a o -< ~ ¡:: 0 rrl ::J ¡:: I'"'" -< 8 0 ",- ;s ;:! '" """ n ;:t ~m 0 ~ ;:! ~ nQ., ",-' .:4 '" n::J m "0 ~ ö' Q... ~ 0 c e-S::: 3 ¡:: Z ." () ¡:¡;.;:! 0 < .... Q., r' m ::J:;fO -< Q... (t .." ¡;; ~ () q 5' 0 ¡¡¡. ( Q ¡:: ~ ~ m ~~ ;x; ¡::;. 3 n n 0 ö' "0 ;: C ~ ~ Z 'ã ° :;! o b c z o tJ:' ;;0 tTJ > ?": Z o n tT1 :::0 tT1 ~ o Z -< ,,¡'" :r.:% >- "'ij r- --.; /I"Irr:, "¡ [.' :Ii: = 00 r .". U~ -0;: " .. -..a ..... , I I'~' »-1 ~ """3 ~~ ~ < .._~ .. .' ·111 :;,~_:< ; .'. .- ~;. ~:':.' .... ": ~. ~-'- ~: ~ """3 ~ ~ ~ ':I) < -- -./ "' ",III ;...'.·.i~ "-.. í -- FOR BOARD ACTION: Agenda Item No. 1611 A October 12, 2004 Page 1 of 4 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE October 12, 2004 1. Certificate of Correction: NEED MOTION authorizing the Chairman to sign Certificate of Correction to the tax rolls as presented by the Property Appraiser's Office. RECOMMEND APPROVAL. 2. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Districts: 1. North Naples Fire Control & Rescue District - Copy of the Annual Financial Report for the FY ended 9-30-03; Copy of the District's Audi for the FY ended 9-30-03; Copy of at he Budget fore the FY ending September 30, 2005, along with resolutions 04-028 and 04-029; Copy of the District Map; Registered office and agent form; 2004-2005 schedule of meetings; Copy of the Public Facilities Report; and Copy of the District's Five Year Plan. e'- 2. 3. 4. 5. 6. 7. 8. 9. 10. /"'""' H:Data/Format Wentworth Estates Community Development District - FY 2005 Meeting Dates Quarry Community Development District - FY 2005 Meeting Dates Tuscany Reserve Community Development District - FY 2005 Meeting Dates FY 2005 Meeting Dates Mediterra South Community Development District - FY 2005 Meeting Dates Naples Heritage Community Development District - FY 2005 Meeting Dates Heritage Greens Community Development District - FY 2005 Meeting Dates Fiddler's Creek Community Development District #2 - FY 2005 Meeting Dates Fiddler's Creek Community Development District - FY 2005 Meeting Dates. Big Cypress Stewardship District - FY 2005 Meeting Dates Agenda Item No. 1611A October 12, 2004 Page 2 of 4 B. Minutes: 1. Productivity Committee Meeting Minutes - Minutes for August 18, 2004. 2. Historical & Archaeological Preservation Board - Agenda for September 22, 2004; Minutes of August 18, 2004. 3. Radio Road Beautification M.S.T.U. -Agenda for September 21,2004; Minutes of August 17,2004. 4. Collier County Contractor's Licensing Board - Agenda for September 15, 2004 5. Lely Golf Estates Beautification M.S.T.U. -Agenda for September 16, 2004; Minutes of August 19, 2004. Special Meeting Minutes for August 30,2004 6. Conservation Collier Land Acquisition Advisory Committee - Agenda for September 13,2004; Minutes of August 9,2004. 7. Development Services Advisory Committee - Minutes of September I, 2004 a) Budget and Operations Sub-Committee - Minutes of August 25, 2004 8. Community Character/Smart Growth Advisory Committee - Agenda and Minutes of May 12,2004; Agenda and Minutes of June 9, 2004, informal, no quorum; Agenda and Minutes of June 30, 2004, informal and no quorum; and Agenda and Minutes of August 11, 2004. 9. Collier County Pelican Bay Services - Agenda for September 1, 2004; Minutes of August 4, 2004. a) Clam Bay Sub-Committee - Minutes of August 4, 2004. b) Budget Sub-Committee - Agenda for September 15, 2004; Minutes ofJuly 21, 2004. 10. Coastal Advisory Committee - Minutes of July 16,2004. 11. Environmental Advisory Council- September 30, 2004. 12. Collier County Planning Commission - Agenda for September 16,2004. 13. Lely Community Development District - Minutes of June 16,2004; July 21,2004, and August 18,2004. Notice of Meetings for FY 2005. H:DataIFormat Agenda Item No. 1611A October 12, 2004 Page 3 of 4 14. Parks and Recreation Advisory Board - Agenda for September 15, 2004; Minutes of August 18, 2004. C. Other: 1) Caribbean Gardens Blue Ribbon Committee - Minutes of July 1,2004, July 8, 2004, July 16, 2004, and July 21, 2004 (sub-committee meeting). 2) Guy L. Carlton, Collier County Tax Collector - Recapitulation of the 2003 Tax Roll for Collier County, Florida (DOR Forms 502 and 503). H:Data/Format Agenda Item No. 1611A October 12, 2004 Page 4 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 1611 Miscellaneous Items to File For Record With Action As Directed. Meeting Date 10/12/2004900:00 AM Prepared By Date Kathleen Martinson Administrative Aide to BCC 9/28/2004 2:20:01 PM Board of County Commissioners BCC Office Approved By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office 9/30/2004 7:45 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 10/5/20047:19 PM Agenda Item No. 16J1 October 12, 2004 Page 1 of 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 detennination whether the purchase orders opened from September 4, 2004 through September 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 September 4, 2004 through September 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. . GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact related to this item. RECOMMENDATION: That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the detailed report of open purchase orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. Prepaœd By: -4:- ý. ~ es L. Mitéhell, CIA, CFE, CBA Director of Finance and Accounting Date: Ie ,*/0/ Rericwedand ~ k ~ ~ Approved By: þ.~ N1 . Con ce MUlTay General Operations Manager Date:} o/v:iOi- .r- Item Number Item Summary Meeting Date Approved By James V. Mudd Board of County Commissioners Agenda Item No, 16J1 October 12, 2004 Page 2· of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16J1 That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the Detailed Report of Open Purchase Orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. A copy of the Detailed Report is on display in the County Manager's Office, Collier County Government Center, W. Harmon Turner Building, 3301 East Tamiami Trail, Naples. FL. 10/12/2004 9:00:00 AM County Manager Date County Manager's Office 10/6/20049:03 AM Agenda Item No. 16K1 October 12, 2004 Page 1 of 4 ,,,",,'"'-. EXECUTIVE SUMMARY Recommendation to approve the Settlement at Mediation in the lawsuit styled Lee W; Tuttle, v. Collier County, Case No. 02-4085-CA. Total settlement of $28,000. OBJECTIVE: That the Board of County Commissioners approve the Settlement in the lawsuit styled Tuttle v. Collier County, Case No. 02-4085-CA, now pending in the Twentieth Judicial Circuit, in and for Collier County, Florida, pursuant to which the County would pay $28,000 and all claims against the County would be dismissed with prejudice. Said $28,000 was arrived at during a mediation of the matter. CONSIDERATIONS: Preliminarily, in December of 1995, Plaintiff had a below the knee amputation of his right leg due to a staff infection and has worn a prosthesis on his right leg since that time. -. On June 28, 2000, Plaintiff was taking used motor oil to the Collier County Transfer Station on Marco Island, in accordance with the rules and regulations for disposal of oil. Upon entering the transfer station and after backing his pickup truck to the dump tank, Plaintiff was unloading his motor oil when his right leg got caught in a cinder block opening which was serving as a step to be used to dump the motor oil in the tank. (The cinder block-step did not meet Code.) After Plaintiffs foot got caught in the step, he fell to the ground and landed on his right shoulder. Transfer station personnel immediately came to assist him but Plaintiff declined medical attention stating he was only shaken. Later that evening Plaintiffs pain worsened and he went to the Marco Island Urgent Care Center where they x-rayed him and advised him he had a right shoulder problem, prescribed a sling for his arm, and advised him to see an orthopedic surgeon. On July 14, 2000, Plaintiff saw Dr. Mead, an orthopedic surgeon, and, after being tested, was advised that he had a major tear in his rotator cuff and would most likely require surgery. On August 3, 2000, Plaintiff had right rotator cuff surgery. He then underwent three months of physical therapy. His recovery was considered good for a man of sixty years. As a result of the fall, the Plaintiffs current conditions are: inability to lift anything heavy with his right hand (he is a general contractor); inability to raise his right hand above his head; inability to fish for long periods of time due to his inability to use his right hand; reduction of his ability to perform his job as a contractor. Plaintiffs medical bills totaled $18,746. His physical therapy was considered to be somewhat painful because of the nature of his injury. .---- Based upon Plaintiffs injuries taken in conjunction with the fact that Plaintiff fell while disposing of motor oil in accordance with the appropriate rules and regulations and the fact that cinder blocks were being used as a step, along with the substantial medical bills, a $28,000 settlement is reasonable under all of the circumstances presented. This is especially so in light of the fact that the County would incur anywhere from $10,000 to $15,000 in expert witness fees, if this case were to go to trial. Lastly, the area where the Plaintiff fell has subsequently been changed and is currently in a much different posture then it was on June 28, 2000. Agenda Item No, 16K1 October 12,2004 Page 2 of 4 FISCAL IMP ACT: The settlement offer recommended by Staff amounts to $28,000. Funds are budgeted and available in the Risk Management Property and Casualty Fund. The settlement will result in a substantial savings of pre-litigation and litigation costs as well as the probability of a much higher jury award. GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners approve the Mediated Settlement with the principal terms set forth in the executive summary and authorize the Chairman of the Board of County Commissioners to execute all necessary documents. 2 Agenda Item No. 16K1 October 12, 2004 Page 3 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16K1 Meeting Date Recommendation to approve the Settiement at Mediation in the lawsuit styled Lee W. Tuttle, v. Collier County. Case No. 02-4085-CA. Total settlement of $28,000. 1 Of12f2004 9:00:00 AM Approved By Jeffrey A. Walker, CPCU, ARM Risk Management Director Date Administrative Services Risk Management 9/29/2004 2:45 PM Approved By William Mountford Assistant County Attorney Date County Attorney County Attorney Office 9/30/2004 2:31 PM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 9/30/20044:34 PM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 10/1/20049:25 AM Approved By Robin Johnson ManagementlB udget Analyst Date County Manager's Office Office of Management & Budget 10/1/20049:51 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 10/4/2004 12:29 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1014/2004 6:56 PM Agenda Item No. 16K1 October 12, 2004 Page 4 of4 ( ( IN TIlE CIRCUIT COURT OF TIlE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLlJER COUNTY, FLORIDA CJVll. ArnON LEE W. 1VITI.E, P1aintifJ; vs. Case No: 02-408S-CA COLLiER COUNTY, a political .mbdivi.ion ofth~ State of Florida, Defi:ndant. MF.m A nON !':PTTI F.MP:NT AnRFF.MRNT COME NOW P]aintiff and Defendant, and pursuaIIIlo a Mediation Conference held on September 16, 2004, agree as folJows: ¡. CbuJ< 4, fo f'CA P /«1.. fj6 #fZ!¡ f)f)O w~¥,,.I &tJÞ!~I/~-f~ 12.1 _. L 7 ~,....¡.::, f.t t1. /1l.l.lC$ 7l- f)r-I (7,IJ cI Q J. - .."r)(.l.. 1vr 71J (N' '1 () ~('II/~IIt4 (. f ~ fc1 $I/IÍl'n1Þ1 ¡t¥ynv...1, <; ø,'r~,',.¡ /D day> 17. :e..atr J J!7~/¡u/r«- , ti" J tJt"" r tI Plal'".Ht µ,'¡¡ t:!rJa?rs.$. L 17;-'/ alJdJ' ' l/l~ tb./ op,..J í~~{ 1- fú..t f~v, I .fo ?" 1 ( . It, Cft¡1/'ð-- ßw;/*r E.,,,..Á J. ~0'Ùn-04 ç~Grf -f, t)1'~ '1 Q f- C.{)M"'(>.J/"t7'1~{I;. The pa.'1ies 'nd their ({:IUDSel agree to promptly prepare and submit to the Court all this settJemenr, and to perfurm all agreed rr paymen1S, including Mediator's DA"'ny!fy/t;b~~ 2004 <..:Vev ~ C2f,é,e -" - ~ < Pia;¡¢" . ~~~__ By or agreed documentation of Agenda Item No. 16K2 October 12, 2004 Page 1 of 12 EXECUTIVE SUMMARY Recommendation to approve a Stipulated Final Judgment as to Parcels 122 and 722 in the lawsuit styled Collier County v. Robert G. Schubring, et al., Case No. 02-1949-CA (Goodlette Road Project 60134). OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment for payment of full compensation for the taking of Parcels 122 and 722 in the lawsuit styled Collier County v. Robert G. Schubring, et al., Case No. 02-l949-CA (Goodlette Road Project 60134). CONSIDERATIONS: On September 5, 2002, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of Parcels 122/722 for the Goodlette Road Project (Project No. 60134). On September 19, 2002, Collier County deposited into the Court Registry the sum of $9,700.00 for Parcels 122 and 722 in accordance with the Order of Taking. The Stipulated Final Judgment provides for $14,000.00 to be paid to Respondents, Robert G. Schubring, and Patricia P. Milford, Trustee of Patricia Polino Milford Family Trust, dated 6/12/98, as full compensation for the property rights taken as to Parcels 122 and 722. If approved by the Board of County Commissioners, the County will pay an additional $6,061.25 above the good faith deposit, which will include $4,300.00 in additional compensation, $400.00 for appraisal fees and $1,361.25 in attorney's fees based on the statutory entitlement of 33% of the benefit obtained. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and considers them to be reasonable. Costs alone could easily exceed $4,000.00 if this matter proceeds to mediation. FISCAL IMPACT: Funds in the amount of $6,061.25 are available in the FY 2005 adopted budget. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the Stipulated Final Judgment as to Parcels 122 and 722; 2. Approve the expenditure of funds as stated; and 3. Direct staff to pay the sum of$6,061.25 to the Paulich, Slack & Wolff, P.A. Trust Account. PREPARED BY: Jeffrey C. Clapper, Legal Assistant, Office of the Collier County Attorney /_. Agenda Item No. 16K2 October 12, 2004 Page 2 of 12 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date 16K2 Recommendation to approve a Stipulated Final Judgment as to Parcels 122 and 722 in the lawsuit styled Collier County v. Robert G. Schubring, et aI., Case No. 02-1949-CA (Goodlette Road Project 60134). 10/12/2004 900:00 AM Item Number Item Summary Prepared By Date Jeffrey C. Clapper Legal Assistant 9/27/20049:42:40 AM County Attorney County Attorney Office Approved By Lisa Taylor Management/Budget Analyst Date Transportion Services Transportation Administration 9/29/20048:29 AM Approved By Gregg R. Strakaluse Transportation Engineering/Construction Mgmt Director Date Transportion Services Transportation Engineering and Construction 9/29/20044:34 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Transportation Engineering and Construction Date Transportion Services 9/30/2004 11 :28 AM Approved By Ellen T. Chadwell Assistant County Attorney Date County Attorney County Attorney Office 9/30/2004 1: 12 PM Approved By Sharon Newman Accounting Supervisor Date Transportlon Services Transportation Administration 9/30/20041 :55 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportion Services Transportation Services Admin. 9/30/20044:28 PM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 10/1/200410:42 AM Approved By Pat Lehnhard Administrative Assistant Date "..~--..._--~- Agenda Item No. 16K2 October 12, 2004 Page 3 of 12 County Manager's Office Office of Management & Budget 10/1/200411 :11 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 10/1/2004 2:27 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 10/4/200412:33 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 10/4/2004 7:10PM Agenda Item No. 16K2 October 12, 2004 Page 4 of 12 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, Petitioner, Case No.: 02-1949-CA vs. Parcel Nos.: 122, 722 ROBERT G. SCHUBRING, et aI., Respondents. / STIPULATED FINAL JUDGMENT AS TO PARCELS 122/722 THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, by and through undersigned counsel, and Respondents, ROBERT G. SCHUBRING, and PATRICIA P. MILFORD, Trustee of Patricia Polino Milford Family Trust, dated 6/12/98, by and through their undersigned counsel, for entry of a Stipulated Final Judgment as to Parcels 122/722, and it appearing to the Court that the parties are authorized to make such motion, the Court finding that the compensation to be paid by Petitioner, COLLIER COUNTY, FLORIDA, is the full compensation due to these Respondents, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondents, ROBERT G. SCHUBRING, and PATRICIA P. MILFORD, Trustee of Patricia Plino Milford Family Trust, dated 6/12/98, recover trom Petitioner, COLLIER COUNTY, FLORIDA, the sum of Fourteen Thousand and No/100 Dollars ($14,000.00) for Parcels 122/722 as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was Agenda Item No. 16K2 October 12, 2004 Page 5 of 12 taken, and for all other damages or claims in connection with said parcel, except for attorney and expert fees; it is further ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit of Nine Thousand Seven Hundred and No/I00 Dollars ($9,700.00), which was deposited in the Registry of the Court in accordance with the Order of Taking and withdrawn by the Respondent; it is further ORDERED that Respondents, ROBERT G. SCHUBRING, and PATRICIA P. MILFORD, Trustee of Patricia Plino Milford Family Trust, dated 6/12/98, receive from Petitioner, COLLIER COUNTY, FLORIDA, as a reasonable attorney's fee, the sum of One Thousand Three Hundred Sixty-one and 25/100 Dollars ($1,361.25), which is based on a benefit achieved on behalf of Respondent in the amount of $4,125.00; it is further ORDERED that Respondents, ROBERT G. SCHUBRING, and PATRICIA P. MILFORD, Trustee of Patricia Plino Milford Family Trust, dated 6/12/98, receive as a reasonable appraisal fee, the sum of Four Hundred and No/I00 Dollars ($400.00), for the services of Carroll & Carroll. Except as provided herein, no attorney's fees or other costs shall be awarded in connection with the above-styled cause of action as it relates to Parcel Nos. 122/722; it is further ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay the total amount of Six Thousand Sixty-one and 25/100 Dollars ($6,061.25) to PAULICH, SLACK & WOLFF, P.A. TRUST ACCOUNT, c/o Frank X. Kowalski, Esquire, 5147 Castello Drive, Naples, FL 34103, who shall disburse said funds as provided herein; it is further ORDERED that pursuant to Section 74.051(3), F.S., and as to Parcels 122/722, the Clerk of Courts shall disburse the interest earned on the funds on deposit to Collier County Board of County Commissioners, c/o Ellen T. Chadwell, Assistant County Attorney, Office of 2 Agenda Item No. 16K2 October 12, 2004 Page 6 of 12 the County Attorney, 3301 East Tamiami Trail, Naples, FL 34112, less any sums retained by the Clerk of Courts up to 10% in accordance with Section 28.33, F .S.; it is further ORDERED that title to Parcel 122, being fully described in Exhibit "A" and Parcel 722, being fully described in Exhibit "B" attached hereto and incorporated herein, which vested in Petitioner, COLLIER COUNTY, FLORIDA, pursuant to the Order of Taking dated July 14, 2002, and the deposit of money heretofore made, is approved, ratified, and con finned; it is further ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 3038, Page 1963 of the Public Records of Collier County, Florida be dismissed as to Parcels 122/722; and it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida. DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this day of ,2004. HONORABLE TED BROUSSEAU CIRCUIT COURT JUDGE Conformed copies to: Ellen Chadwell, Esquire Craig B. Willis, Esquire Frank X. Kowalski Teresita Farias Northern Trust Bank of FloridalNaples, N.A. MERS E. Glenn Tucker, Esquire Jean G. Howard, Esquire Gregg R. Strakaluse, P.E. Bookkeeping 3 Agenda Item No. 16K2 October 12, 2004 Page 7 of 12 JOINT MOTION FOR STIPULATED FINAL JUDGMENT The Parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment as to Parcels 122/722. Dated: FRANK X. KOWALSKI, ESQUIRE Florida Bar No.: 198114 PAULICH, SLACK & WOLFF, P.A. 5147 Castello Drive Naples, FL 34103 Telephone: 239-261-0544 Facsimile: 239-261-2795 ATTORNEY FOR RESPONDENT Dated: CRAIG B. WILLIS, ESQUIRE Florida Bar No. 257656 FIXEL, MAGUIRE & WILLIS 211 South Gadsden Street Tallahassee, FL 32301 Telephone: 850/681-1800 Facsimile: 850/681-9017 and ELLEN CHADWELL, ESQUIRE Florida Bar No.: 0983860 Collier County Attorney's Office Collier County Courthouse 3301 East Tamiami Trail Naples, FL 34112-4902 Telephone: 239-774-8400 Facsimile: 239-774-0225 ATTORNEYS FOR PETITIONER 4 Agenda Item No. 16K2 October 12, 2004 Page 8 of 12 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and con:ect copy of the was provided via regular U. S. Mail to Frank X. Kowalski, Esq., Paulich, Slack & Wolff, P.A., 5147 Castello Drive, Naples, FL 34103, Ellen T. Chadwell, Esquire, Collier County Attorney's Office, Collier County Courthouse, 3301 East Tamiami Trail, Naples, Florida 34112-4902; Teresita Farias, 1175 Pine Ridge Road, Naples, Florida 34108, Northern Trust Bank of Florida/Naples, N.A., 4001 Tamiami Trail North, Naples, Florida 34103, MERS, Post Office Box 2026, Flint, Michigan 48501-2026, Guy Carlton, Collier County Tax Collector, c/o E. Glenn Tucker, Esquire, Rhodes & Tucker, Post Office Box 887, Marco Island, Florida 34146, and Florida Power & Light Company, c/o Jean G. Howard, Esquire, 9250 West Flagler Street, Miami, Florida 33174 this day of September , 2004. CRAIG B. WILLIS, ESQUIRE Cc: Gregg Strakaluse, P .E. 5 Agenda Item No. 16K2 October 12, 2004 Page90f12 " PRQJECT NO. : 601~~ ',-,' PROJECT PARCEL NO, 122 TAX PARCEL NO. : "1\ 1 \ ~Ir aD ) I ~~....-. EXHIBIT I A 1.-'2. ~or 21 a.a "".... r OARY """'..... .., .n' I JOIIPI.t CCMlR»I, 11. UIt OIIUI.... WMldr..,., LOT 1 CUt...... 1'1. A. a n:nt .. ''''IV FEE SIMPLE INTEREST LOT 2 ....--.,... K. A,....... 0. Þlm L LOT :n 0.... 1'Iift.1"I1 mI JtœQTG. ICH.IIIIfIO I"A'DKM,.. ~ A ~ ~ j ~ §;. VI ~ l !> 2 ~ :1- H LOT .0 Ð.-'f..1"CL1fti ailJll. "MO, .... U UL, ....'YUI ~£ RIDGE ROAD _ _B'&pTlO/'UO_ - - - ..JIIt!2'õTh..u: ~~ - - --..r...ü.r- _ _ SECffðt/16 ' ""- - ~OT 61 ~ ~ ~ 0 ,.. 0 ~ ~or 1 a.1Il H1. 1'0.'" 0 ... ... .., oa.Gi[ W. 5HD"AID NtI) .... 1fCI. Q .... .. .. .. ... .. ë§ PRESQUE ISLE 'H SClJItÞI1' CØINþt rI ;I~ Pl.AT BOoK 4, PAGE., ~ 1HIICIUI_uau"'1[J ( f ItCncw 10-~'-ts I'R ~~ I'!ð ,~..,~Gtl ~¡ ,1.1'1.,00 , LOT 10 ~- § ~ GRAPHIC SCALE lEGEND: O,R. 1N0lCA TES OFF1aAL RECORDS PG. INDICA 1£S PAGE P.C.". INDICATES PE:RI.IANENT CONTRO!. POJNT .~~. ( IN FEET ) Inch ~ 200 ft NOTES: I. 1HJs IS NOf A SURVEr. .. BEARINGS SHO'JIH HERECt< ARE BASED ON m.E EAST RlÇHT OF WAY UN[ OF GOODlÆT1E-FRAHk ~OAD "'CH HAS A B(ARINO OF N. 07'0II'12' E. J. SIJB..I!CT TO EASEMrnr5. IIt:5ERVA11ONs AHa ~EST1IICT10N5 or R!CCAD. .c. NOr VAliD "THOUT SHEET 2 a: 2. SKETCH AND DESCRIPTION SECTION 10. TOY'tNSHIP <49 SOU1H, RANGE 25 EAST COLUER COUNTY. FlORIDA ~r;,~ 6..., £. ¡... F th. FInn LÞ'«2) ,.,.~ Lc"" """')Of "ørIde CormIcaI. 110. 53!! 0010 Slgnod: \'1' ¡.,,\ ·"CO I ::~ ~ =at ~-:;~~ :: ~= ra.. c. 6 Agenda Item No. 16K2 October 12, 2004 Page 10 of 12 PROJECT NO. : 6013<1 '-- PRO..irCT PARCR NO.: 122 TAX PARCEL NO. : "1' I' r r.......' --' EXHIBIT I ;If A~ ~ FEE SIMPLE INTERPST DESCRIPTION, PARCEL 122 A PARCEL Of LAND LOCATED IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBEO AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 10. TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA AND RUN SOUTH 89'10'29" WEST ALONG THE SOUTH LINE OF SAID SECTION 10. A DISTANCE OF 1139.65 FEET; THENCE RUN NORTH 00"49'31" WEST ALONG THE SOUTHERLY PROJECTION OF THE EAST LINE OF LOT 22 OF PINE RIDGE SUBDIVISION AS RECORDED IN PLAT BOOK 3, PAGE 24 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIOA, A DISTANCE OF 70.00 rEET TO THE POINT OF BEGINNING ON THE NORTHERLY RIGHT-OF-WAY LINE OF PINE RIDGE ROAD (COUNTY ROAD NO. 896): FROM SAID POINT OF BEGINNING RUN SOUTH 89'10'29- WEST ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, A OISTANŒ OF 177,73 FEET; TKENCE RUN NORTH 00'49'31- WEST, A·DISTANCE OF 4.82 FEET: THENCE RUN NORTH 88'06'36" EAST, A DISTANCE OF 177.76 FEET TO AN INTERSECTION WITH THE EAST LINE OF SAID LOT 22: THENCE RUN SOUTH 00'49'31" EAST ALONG SAID EAST LINE OF LOT 22, A DISTANCE OF 8.12 FEET TO T1-iE SAID POINT OF BEGINNING, CONTAINING 0.026 ACRES OF LAND, MORE OR LESS. i ::0 ~ ~ ~ ~ I ~ ~ ;; o ~ a SKETCH AND DESCRIPTION SECTION 10. TOWNSHIP 49 SOUTH. RANGE 2~ EAST COLLIER COUNTY. fLORIDA 3-01 - Jut 7 PRo..ÊCT NO. : 60134 PROJECf PARCEL NO. : 722 TAX PARCEL NO. : b1''\!I1; ! 00111 S\O~ . lJ&OI'l~4 "f. S p~Gf. ~~IO~~ I'trI ",,1 LOT 21 O.R. 234/5, PG. 682 GARY COMPTON, ET. UX. JOSEPH COMPTON. ET. UX. GERALDINE WARNSTAFF LOT 22 O.R. 1621. PG. 2378 ROBERT G, SCHUBRING PATRICIA P. MILFORD .------ SECTION I'0T 9 PRESQUE ISLE PLAT BOOK 4, PAGE 48 GRAPHIC SCALE ....-. Agenda Item No. 16K2 October 12, 2004 Page 11 of12 ~ ~ I POINT OF BEGINNING r- o ..., Q) r- o -¡ ""-I NOO·49'3'·W 0 0 76.76' PINE RIDGE R A - - - ==- ..§€"'CI!.qf!,jQ... -.L:- 2~·19:£9.::.VU1.1k!g'_ UNE . SECTION 15 (COUNTY ROAD NO. 896) '~~' ( IN FEE'!' ) 1 Inch - 100 Il LEGEND: O.R, PG. P.c.P. INDICATES OFFICIAL RECORDS INDICA TE:S PAGE !HOICA TE:S PERMANENT CONTROL POINT ~. 80<')' E. .. (Fer fòm LBf(41) pror......... Lmd Su yer . Flarida: CwtJllcat. No. 5315 001. SIgo..,t ~~k"'~.O\ Mol. valid without .. ature ønd the artglnal rGlMd leal. of Q FIorido ~~.'" ~)'CI'" end "app.r. l"- e -J 0) l"- e -J 01 QI <:( o Ct: ~i2 <0 <:(z e:~ I fÈ I::!~ 1-::> Lw8. -.J a o o ~ POINT OF COMMENCEMENT THE SOUTHEAST CORNER Of THE SOUTHWEST QUARTER OF SECTION 10-49-25 NO rrs, .. TfIIS IS NOT A SUR'ÆY. :t. УAIIJHOS"""" HEREON _ BASt:0 ON. THE EAST RIOHT OF WA Y lJt, [ Of" GOODLETTE-Fl!_ ROAQ WHICI< HAS A BEARINO OF H, 0T08'12' E. J. 9JB.ECT ro EASEIlEHIS, RES£RVAlIOHS AND IIES1R1CJ1tJNS Of' RECMO. 4. HOT VAlID WITHOUT SHEET 2 Of 2. SKETCH AND DESCRIPTION SECTION 10, TOwNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA 1-111 -. leFt 8 Agenda Item No. 16K2 October 12, 2004 Page 12 of 12 PROJECT NO. : 60134 P):¡OJEcr' PARCEL NO. : 722 TAX PARCEL NO. : «:'7 I 8 l II R' ".. I) l ~ ~ DESCRIPTION: PARCEL 722 A PARCEL OF LAND LOCATED IN SECTION 10. TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: . COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 10. TOWNSHIP 49 SOUTH, RANGE 25 EAST. COLUER COUNTY, FLORIDA AND RUN SOUTH 89'10'29" WEST ALONG THE SOUTH LINE OF SAID SECTION 10. A DISTANCE OF 1212.92 FEET; THENCE RUN NORTH 00'49'31" WEST, A DISTANCE OF 76.76 FEET TO THE POINT OF BEGINNING; FROM SAID POINT OF BEGINNING RUN SOUTH 88'06'36" WEST. A DISTANCE OF 56.00 FEET: TI-lENCE RUN NORTH 01'53'24" WEST, A DISTANCE OF 5.00 FEET; THENCE RUN NORTH 88'06'36- EAST. A DISTANCE OF 56.00; THENCE RUN SOUTH 01'53'24" EAST, A DISTANCE OF 5.00 FEET TO THE SAID POINT OF BEGINNING. CONTAINING 0,006 ACRES OF LAND. MORE OR LESS. SKETCH AND DESCRIPTION 9 Agenda Item No. 16K3 October 12, 2004 Page 1 of 17 Executive Summary Recommendation that the Board of County Commissioners Approve the Stipulated Order of Taking and the Stipulated Final Judgment Relative to the Acquisition of Parcel No. 136 in the Lawsuit Styled Collier County v. First National Bank of Naples, et al., Immokalee Road, Project #66042. OBJECTIVE: Recommendation that the Board of County Commissioners approve the Stipulated Order of Taking and the Stipulated Final Judgment as full and final compensation to be paid for the acquisition of the easement interests in Parcel No. 136 for the Immokalee Road project in the lawsuit styled Collier County v. First National Bank of Naples, et ai., Case No. 04-3587-CA. CONSIDERATIONS: On January 23, 2004, the Board of County Commissioners adopted Resolution No. 2004-35 authorizing the condemnation of property for Immokalee Road 6-laning 1Tom US-41 to 1-75. The Order of Taking for Parcel 136 is scheduled for December 17,2004. The County's appraiser valued the taking of Parcel 136 as of November 21, 2003 at $101,100. The updated appraisal, which is the basis for the good faith estimate of value, will be available at the end of November, one year after the initial appraisal. The property owner has agreed to settle the matter for $113,600 plus $1500 in attorney fees. There are no appraisal fees or other expert fees. The County and the property owner would like to settle prior to the scheduled Order of Taking hearing. Through negotiations, the parties have reached a settlement agreement whereby the property owner will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 2004-35). The terms ofthe settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "I"). A separate Stipulated Order of Taking is also attached to this Executive Summary as Exhibit "2". The Stipulated Final Judgment provides for $113,600.00 to be paid to Respondent, Immokalee Road, Inc., as full compensation for the property rights taken as to Parcel No. 136, and $1500.00 for attorney fees. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and considers them to be reasonable. FISCAL IMPACT: Funds in the amount of $115,100.00 plus $150.00 Clerk's service fee are available from the Transportation Supported Gas Tax and Impact Fee Funds. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: Management Plan. Consistent with the Collier County Growth RECOMMENDATION: That the Board of County Commissioners: 1. approve the Stipulated Order of Taking; 2. approve the Stipulated Final Judgment; 3. approve the expenditure of the funds as stated; and 4. direct payment of $150 service fee to Clerk of Court. PREPARED BY: Heidi F. Ashton, Assistant County Attorney, Office of the County Attorney Agenda Item No. 16K3 October 12, 2004 Page 2 of 17 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date 16K3 Recommendation that the Board of County Commissioners Approve the Stipulated Order of Taking and the Stipulated Final Judgment Relative to the Acquisition of Parcel No. 136 in the Lawsuit Styled Collier County v. First National Bank of Naples, et aI., Immokalee Road, Project #66042. 10/12/20049:00:00 AM Item Number Item Summary Prepared By Date Heidi F. Ashton Assistant County Attorney 9/28/200411:49:23 AM County Attorney County Attorney Office Approved By Lisa Taylor Management/Budget Analyst Date Transportion Services Transportation Administration 9/29/2004 8:30 AM Approved By Gregg R. Strakaluse Transportation Engineering/Construction Mgmt Director Date Transportion Services Transportation Engineering and Construction 9/29120044:13 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Transportation Engineering and Construction Date Transportion Services 9/30/2004 11 : 37 AM Approved By Sharon Newman Accounting Supervisor Date Transportion Services Transportation Administration 9/30/2004 1 :56 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportion Services Transportation Services Admin. 9/30/2004 4:29 PM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 10/1/2004 10:45 AM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 10/1/200411:14AM /" Approved By Susan Usher Senior Management/Budget Analyst Date Agenda Item No. 16K3 October 12, 2004 Page 3 of 17 County Manager's Office Office of Management & Budget 10/1120042:34 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 10141200412:23 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 10/5120047:12 PM Agenda Item No. 16K3 October 12, 2004 Page 4 of 17 ., , IN THE CJRCUlT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND }'OR COLLIER COUNTY, 1/LORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Case No.: 04-3587-CA Petitioner, Parcel No.: 136 vs. FIRST NA TlONAL BANK OF NAPLES, et at, Respondents. I STIPULATED FLl'iAL JUDGMENT ~ TO PARCEL 136 TIDS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLIER COUNTY. FLORIDA, by and through the undersigned counsel, and Respondent, IMMOKALEE ROAD, INC., by and through the undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel 136, and it appearing to the Court that the parties are authorized to make such motion. the COl..o1 finding that the compensation to be paid by Petitioncr, COLLIER COl:NTY, FLORlDA, is the fun compensation due Respondent, IMMOKALBE ROAD, INC., and thc Court being otherVYise fully advised in the premises thereof, it is 'thereupon. ORDERED AND ADJUDGED that Respondent. IMMOKAL.EE ROADt INC., have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the smn of One Hundred Thirteen Thousand Six Hundred Dollars .nd Nol100 ($113.600.00) for Parcel 136 as fun payment for thc property interests taken and for damages resulting to the remainder, if less than the entire property was taken, business damages, and for all oilier damages in connection with said parcel; it is further EXHIBIT I ---1-- Agenda Item No. 16K3 October 12, 2004 Page 5 of 17 ORDERED that the Clerk of this Court shall forth\\o1th., pay to the Tax Collector of Collier County_ the amount of pro-rated taxes due on the above-referenced parcel., if any, and upon payment this suit shall stand dismissed as to the Tax Collector of Collier County, as to Parcel 136; and it is further ORDERED that Respondent, IMMOKALEE ROAD, INC., receive from Petitioner, COLLIER COlJNTY, FLORiDA, as attorney's fee the sum of One Tbou~and Five Hundred DoUars and No/tOO ($1,500.00), it is further ORDERED that except as provided herein no other costs should be awarded in connection with the abovc-cause of action as it relates to Parcel No. 136; it is further ORDER.bì) that disbursement of the amount of One Hundred Thirteen Thousand Six Hundred Dollars and Nol100 (S113,600.00) as to Parcel 136, le)'s any amount paid to tbe Comer County Tax Collector as set out hereinabove, shall be by furth~ order of this Court; and it is fLJrther. ORDERED that Petitioner, COLLIER COUNTY. FLORIDA. shan pay the total amount of One Thousand Five Hundred DoUars ud No1100 ($1,500.00) to the PAULICH, SLACK & WOLFF TRUST ACCOUNT, c/o Frank W. Kowalski, Jr., Esq" PAULICH, SLACK & WOLFF. ROl AnchOT Road Dr., Ste. 208, Naples, FL 34103, for attorney's fees; it is furthe·r ORDERED that title to Parcel 136, a Perpetual, Non-Exc1usive Road Right of Way, Drainage & Utility Easemen~ being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner. COLLIER COUNTY, FLORIDA, pU1'Suant to the Stipulated Order of Talring dated December 17, 2004, and the deposit of money heretofore made, is approved, ratified, and confjnned~ it is further .' 2 Agenda Item No. 16K3 October 12, 2004 Page 6 of 17 ORDERED that the Notice of Lis Pendens filcd in this action and recorded in Official Record Book 3610, Page 1019, of the Public Records ofConier County, Florida be dismissed as to Parcel 136; it is further ORDERED iliat 'this Stipulated Final Judgl1H::nt is to be recorded in the OUicia1 Records of Collier County. Florida; it is therefore DONE AND ORDERED in Chambers at NapLes. Collier County, F10rida this - day of .2004. Ted Brousseau CfRCUIT COURT JUDGE Confonned Copies: Heidi F. Ashton, Esq. Frank X. KQwalski, Jr., Esq. Kevin Hendricks, Acquisition Mgrrr:nu1Sp, Service Ust Bookkeeping JOINT MOTION FOR STIPULATED FINAL JUDGMEN'[ AS TO P AH,CRL 136 The partie;:s hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment as to Parcel136. Dated: l' ~ I f) t ~l~' Dated: (ffi HEIDI F_ ASHTON, ESQ. Florida Bar No.: 966770 COLLIER COUNTY A1TORNEY'S OFFICE Harmon Turner Bui1ding 3301 East TamiaIIli Trail Naples, FL 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile A TIORNEY FOR PETITIONER fltANK X. KOW ALKSI, .JR., ESQ. Florida Bar 1'0.: 189114 PAUUCH, SLACK & WOLFF 801 Anchor Road Dr., Ste. 203 Naples, FL 34103 (239) 261~0554 - Telephone (239) 261-0554 - Facsimile A ITORNEY FOR RESPONDENT 3 Agenda Item No. 16K3 October 12, 2004 Page 7 of 17 ., " SERVICE LIST Collier County v. First National Bank of Naples, et aI. PARCEL 136 AAdvìsor Realty, Inc. c/o Kevin fischer, Registered Agent 150 Weber Blvd. North Naples, FL 34120 Flamboyant, Inc. c/o Registered Agent Fowler White Boggs Danker P.A. 5811 Pelican Bay Blvd., Suite 600 Naples, FL 34108 L'Image, Inc. d/b/a L'Image - The Salon c/o Sandra Da.rling, Registered Agent 2860 Citrus Lake Drive, R202 Naples, FL 34109 Larry's of Bonìta., L.L.C. d/b/a Pelican Larry's c/o Patty Walbert, Regis;tered Agent 2700 Immokalce Road, Unit 13 Naples, FL 34110 MT Golf, L.L.C. dlb/aAlfs Golf Shop c/o Todd Sampson, Registered Agent 2700 Immokalee Road, Bldg. 200..c, Unit 22 Naples, FL 34110 AIrs Golf Shop, Inc. c/o Alfonso Martinez, Registered Agent 15369 S. Dixie Highway Miami, FL 33157 Murnane-Fortune, LL.C. d/b/a Tie the Knot Bridal Couture Col1ections c/o Cohen & Grigsby, P.C., Registt:rcd Agent 27200 Riverview Center Blvd., Suite 309 Naples, FL 34134 Naples Spa & Tan, Inc. c/o Quinones A. Jorge, Jr., Registered Agent ] 80 11th Street SW Naples,FL 34117 Nonna Maria, Inc. d/b/a Nonna Maria c/o Edison Villarraga., Registered Agent 6110 24th Avenue NW Naples, FL 34110 Oliver & Associates, P.L. d/b/a Uptown Pet Hospital c/o Dr. Fitzgerald Oliver, Registered Agent 4075 Pine Ridge Road, Unit 14 Naples, FL 34119 Picture Warehouse, Inc. c/o Stephen L. Palincbak, Registered Agent 15495 Tamiami Trail, N., #121 Naples, FL 34110 Specialty Electronics, L.L.C. d/b/a Specialty Electronics clo Dana K. Vannatta, Registered Agent 172 Saba! Lake Drive Naples, FL 34104 James Vansickle d/b/a Uptown Barber Shop 2700 Immokalee Road, Suite 11 Naples, FL 34110 Uptown General & Aesthetic Dentistry, P.A. c/o Armando L. Pino, Registered Agent 2700 Immokalee Road, Suite 5 Naples, PL 34110 Wilroc~ L.L.C. d/b/a Jason's Dcli c/o Scott D. Willis, Registered Agent 14009 Shinunering Lake Court Fort Myers, FL 33907 World of Rugs, Inc. c/o Joseph Hackler, Registered Agent 10915 SE Pine Grove Street T equesta, FL 33469 1 . . SERVICE LIST Collier County v. Fir.fit National Bank of Napk.ç, et al. Agenda Item No. 16K3 October 12, 2004 Page 8 of 17 Metro PCS, Inc. Capitol Corporate Services, Inc.. Reg. Agent 1333 Korth Duval Street Tallahassee, FL 32303 Club Zero 2650 Imrnokalee Road, Bldg. 300, Suite 3 Naples, FL 34109 Baskins Dunkin 2650 Immokalee Road., Bldg. 300, Suite 1 Naples, FL 34109 USA Dry Cleaners 2650 lmmokalee Road, Bldg. 200C, Suite 26 Naples, FL 34109 European Recliners, Inc. c/o Charles W. Brook5:, Registered Agent 501 N. Orlando Avenue, Suite 139 Winter Park, FL 32789 GT Nails 2650 Immokalee Road, Bldg. 200A, Suite 10 ~aples. FL 34109 E. T. Karate 2650 Tnunokalee Road, Bldg. 200A, Suite 14 Naples, FL 34109 Blueskies Everyday L.L.C. d/b/a CiCi's Pizza clo Paul Blackman, Registered Agent 27QO Immokalec Road Naples, FL 34 t lO J & S Corporation of Maroo d/b/a Summer Day T .OW Carb Superstore c/o Sarah Asbell. Registered Agent 419 Nassau Court Marco Island, FL 34145 First Inte~ty Bank NA 111 NE 4 Street Sta.ples MN 56479 Causeway Lumber Company, Inc. c/o Scott M. Whidden. Registered Agent 2601 S. Andrews Avenue Fort Lauderdale, FL 33316 NCRfWest Coast Insulation 3218 Marion Street Fort Myers, JìL 33916 Home Building Services, Inc. RI00 Cedar 'free Lane Naples, FL 341 t 6 Phoenix Associa.tes of South Florida. Inc. 1786 Trade Center Way #2 Naples. FL 34109 Lee Designs LLC 3300 Palm Avenue Fort Myers, FL 33901 Brad.aDDa. Inc. 4901 East Tamiami Trail #200 Naples, FL 34113 GE Capital Franchise Finance CorpQration 17207 North Perimeter Drive Scottsdale, AZ 85225 Tropic Interiors 2650 Immokalec Road Bldg. 200C. Suite 24 Naples, FL 34109 Collier CoWlty Tax Collector c/o E. Glenn Tucker. Esquire RHODES TUCKER & GARRETSON P. O. Box 887 Marco Island, FL 34146 2 " , Agenda Item No. 16K3 October 12, 2004 Page 9 of 17 EXHIsrr I A /./2. LlM' UMONTES _'lS.1'IIHIÐiS 'IMIDRS SIll Enoorow.y. NIII!,., FI¡dn ~I'D ,t>,_23U5oU:x:ø'fc: 2!S.2S0Øll) 100 .... '. LnQAL OOSCRtP11ON APARCEt; OPLAND lOc.:A'J1ID IN Tim NQ!tTHWEST QIJARTRR OF SBCTION 25. I'OWNS!I!I> ~8 SOUTH, RAKm:! 2j EA.<;'1'. COLI..IBR CDl!N'IY, flLORJDA.. DmNo MOlUi. PAltTIC!JL.~JU.Y DESC~ A!;' FDll.bws: PERPeTUAL., NON-ext:LU8IVe ROAD R'GHT-oF..wa.v. DRAINAGE AND l1fIU1Y f.AS9ÆNT RM PROJI!Cl' Jr2000067 7fl6/J RBF. DWQ, #8-42651 PAR.C!IL NO. ]36 . . COMJlfflIiCB AT '.!'HE NOR'I'HWEb"J' CORNER 011 SBCTION 23, TOWNS!11P 48 sot1nr, RANG!! 25 HAST. COLLIBII. COUNTY, FLORIDA. nœ: SAME BEING A POINT ON 1'!Œ NORTHERLy RIOHT-œr.WAY l.INë OF 1MMOKALE£ ROAD. 'rHBNCE RUN N,89"]4'OO"E.. ALaNQ TBI!'N("JRTHUNE OFTIm NON:THWES1' Qllu'TER QP SAID .mCTION :u .~NlJ ALONCI THE NOR'11:Œ.IU.'" RIOlfi' -oF-W A l' UNn Of IMMOKAU!B ROAD. PO& A DTS'I'ANCR OF 662.07 PE1iT TO l'M3 NORTHwEST COIL"ŒR OF THE BAST E.ALP OP THE NOR.THWEsT QUARTER. OF TIm NOII.1'HWRs']' QUARTER 01' SAID SBCnON 25: TImNCF. Rt'N 5.01°33'38"£.. ALONa THWWD,S'Y'r.uœ OP'TtŒ RABTHAI.!? OF 'nm NORTHWEST QUAATER OF"rrm ~ORTH''''BST QUARTER OP SAID SBCTI'ON 2.$, PnR A PISTAACE OP 150.01 ÆE't TO A POINr ON nm SOOTHmU,y B(JUNI)ARY 0J3 ASO.OOFOoT RI<mT-OP-WAY EA.mMI!Nr 1ŒC0RDBD IN CoR. BOOK: 1651 AI' PAGE 146 OF THBPL13I..æ R....J>COlUIs or COLI.mR: COUNTY, PlOluDA¡ AND 11m I'fJINr 01'l1JBU¡NNlNO OP TIm PARCEI.. OF LAND HE1lEIN DHsCR.IB1ID; T'HBNœ RIDrN.B9f14'OO"E" A!.O....n 1"HB SOt.rrRERL Y BOUNDAR Y OF SAm SOìJ'ITŒRJ.,y RIiJHr..Qlt. W AY EAsBI.œNT. JIOR A DrS'I' ANCB O!" 456.84 PEETõ THENCE 1Um S.oC"4ó'OO"'& r-oR ^ DISTAN{] 'OP ,}.OO!"BET; TfmNŒ RUN US'"14'OO"W, POll A DlST AKCB OJ> 321.28 FHE'rl TImNœ RUN N.Ol<34'34"W.FOR A DISTANŒ OPS.OCFmrr; THEHCS RUN S.a~14·O:J"W. FOR A Dl!I'ANCEOP ÜS.36 FEET TO A !'OINT ON TIŒ 'WEST UNB OF 'l'HEMST JiALp O!' THE NORTHWEsT QUAI\'!'BR O¡; ':'HB NORTHWEst QUAItTIm. OP SAID ~ECTJON 2,>; UmNCB RUN N.O I "33"8-W" ALONG THR WBST Lr.'Œ OJ! TIœ EAST IiALF OF nm NORrnWBsT QUARTER OP TfŒ .NOR'!'ffI'.'EST QUARTBR OF SAID SECI10N 25, FOR A Drs'l'ANCB OP ¡o.OOto"EE1'TO THBrooo OFBI!l'nNNll:I:Q: OOH'fAJNING6,17S.3 SQUARBPnBT, MORE OR LeSS. , ( , . rillS PROP1¡;RTY IS roa lECT TO EAsD~,.&, nEsmt V.'\.!10NS OR R13STJdCTIONS OF, lœcORD. BI:WUNOg REPmt 'ro I:RE NOR':£{ LINE OF THE NOltrnwBST QUARTER OF' SBLTlON 25, TI)'W};SBI ' 48 SOIJTH, RA[\/{J£ 25 BAsT, COLLmR COUNTY, PLO!UI)A..-\S Bl!INa N.'!I"14'00"I!. HaLEMPN'h!8. INc. ~Qn~N. OF ÄtJ1HDiJZJ\'I",IO~!..B #1772 . BY ···1~:Í!t:.:~ . . -, ":rn-~:s M. .~. ,.. ~·::·;~:;;f:::;;:;~;'.·:::.···" ~~ .'~. r~'" . 0'. . :. -..... ., ~ ... . ..... t~:I···· ~.' :..... .. . :....-., P.S.M.IIS628 ST Á t'E OF FLOR.IDA FOLiO NO.Ctl\~~~~ ~~...... .... , .. , ~ f EXHlBrr A Z6t.z.. PeRPETUAl, '. ROADRI~JON-excwSM: AND Ul1UTY ~EDRAlNAGe '. MENT 10D 1'1 II . I ¡ 'r iî¡f8 ;f'?f -;-~ ~ :Í!l8 ~.f ·11 n... ~ 'ií~!¡ ~ >~ f;;~ c¡')0 ~:t: r4 0° r'1:Þ- t.II(") Cìn 220 ~r _"'D ~~ -< ---- , £IJ - ~ () " ~ s , ,O-O~I' ~ . tJf-¡:~~JI':.: ,!: .an.. . '1113''''1_ ~ ~Z '3 .9£,r;:.10 S _._~! ! ,;, '\~I JR >+ C r ¡ ~ ii ~ ; ~ !tf j :' j) .. ;j - '" r. !i I .... ~ " ,0'00 I ---¡; , ~ ;; .. ,10-0 1 I I I 1\ I - I ~i ì ~ j ~-l ~ * i .. I --.__ J - - ---i nIPI~~': ~ ...t þ:; ~ .¡.. I ' ~ f 00 _._____; M____~ ~ ~ ~ I ~~ 9. I ~ ~ '" I! I tiO ~ II ¡ JII ¡ ---l I I I 1 . I ' ____ l FOLIc) NO Mil "" I .~'C !n ,"ODCOO;¡ ~ ..., Z1¡ "F I. i ~~ r:IR1 : "'S. I t- ,., . ¡ : . ~;-------t---l ! . .1s1 ¡ ! , I I I r--I - I I [ ~ [ë;/µ'/P; ri~~1 ------ ---lTFOLlO NO riijrf ~'II _ '~I b~t-l"'(:C ~ -- ::L... .0'01 tn' (XI ~¡:: +:.P' g~ . . :e n I I I I I I , - 1 1 I i j . I I I I I r~ ~: ! ~I .~ I ~ - ¡..¡ -O! " , ' Agenda Item No. 16K3 October 12, 2004 Page 10 of 17 . " . I Agenda Item No. 16K3 October 12, 2004 Page 11 of 17 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CmCUIT IN AND FOR COLLIER COUNTY~ FLORIDA CIVIL ACTION COLLiER COUNfY, FLORIDA, a political subdivision of the State of Florida, Case No.: 04-3587-CA Petitioner, Parcel No.: 136 vs, FIRST NATIONAl BANK OF NAPLES, et aI., Respondents. I STIPULATED ORDER OF TAKING AS TO PARCEL 136 THiS CAUSE coming on to be heard by this Court upon joint motion of Petitioner, COLLIER COUNTY, FLORlDA, a palitica1 subdivision of the state of Florida, through its undersigned counsel, together with Respondent, IMMOKALEE ROAD, INC., by and through the undersigned counsel, and it appearing that proper notice was given to all persons having or claiming any equity, lien, tille or other interest in or to the real property described as Parcel No. 136 in the Petition in Eminent Domain, and the Court being fully advised in the premises, it is therefore ORDERED AND ADmDGED that: 1. This Court has jurisdiction of this cause, the parties hereto and the subject matter hereof. 2. The pleadings in this cause are sufficient and the Petitioner is properly exercising its delegated authority. 3. The property is being acquired for a public purpose. 4. The taking of this property is reasonably necessary to serve the public purpose for which the property is being acquired. EXHIBIT " I !À ./ Agenda Item No. 16K3 October 12, 2004 Page 12 of 17 5. The Amended Declaration of Taking and Estimate of Value filed in this cause by 'the Petitioner was made in good faith and based on a valid appraisal 6. Upon the payIDent of the deposit. hereinafter specified, into the Registry of this Court, the right, title and interest described in ~~hibit "A" attached hereto and made a part hereof by reference shall vest in Petitioner, COLLIER COUNTY, FLORIDA. 7, Within twenty (20) days of this Order, Peti.ti.oner shall deposit into the Court Registry the total amount of One Hundred Tbirteen Thousand Six Hundred Dollars aDd N 0/1.00 ($113,600.00) as the good faith estima.te of value as set forth in Petitioner's Amended Declaration of Taking, for the fonowing parcels: ~ Amount 136 $ 113,600.00 8. The deposit of money will secure the persons lawfully entitled to the compensation which win be ultimately determined by final judgment of this Court. 9. Upon deposit, as set forth above, and without. further notice of this Court, the Petitioner shall be entitled to possession of the property described herein. DONE AND ORDERED in Chambers at the Collier County Courthouse at Naples, Collier County, Florida on this _ day of -->. 2004. Ted Brousseau CIRCUIT COURT JUDGE Confonned Copies to: Heidi F. Ashton, Esq. Frank W. Kowalski, Jr., Esq. Kevin Hendricks, Acquisition Mgrrrransp. Service List Bookkeeping 2 . . , Agenda Item No. 16K3 October 12,2004 Page 13 of 17 JOINT MOTION ON STIPULATED ORDER OF TAKING AS TO PARCEL 136 Petitioner, COLLIER COUNTY, FLOlUDA, together with ReHpondent, IMMOKALEE ROAD, INC" without waiving any rights and respectfully move for enlr'y of the foregoing Stipulated Order of Taking as to Parcel No. 136. Dated: ~I r / t9 tf ~~ FRANK X. KOW ALKSI, JR., ESQ. Florida Bar No.: 189114 PAULICH, SLACK & WOLFF 801 Anchor Road Dr., SU:. 203 Naples, FL 34103 (239) 261-0554 - Telephone (239) 261-0554 - Facsimile A1TORNEY FOR RESPOl\1DENT Dated: HEIDI F. ASHTON, ESQ. (lJ) Florida Bar No.: 966770 COLLIER COUNTY A TIORNE~S OFFICE Harmon Turner Building 3301 East Tamiami Trail NapLes, FL 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile ATIORNEY FOR PETITIONER "- '-. 3 SERVICE LIST Collier County v. First National Bank of lVaples, et aL Agenda Item No. 16K3 October 12, 2004 Page 14 of 17 , , PARCEL 136 AAdvisor Realty, Inc. clo Kevin Fischer, Registered Agent 150 Weber Blvd. North Naples, FL 34120 Flamboyant, Inc. c/o Registered Agent Fowler "''bite Boggs Banker P.A. 5811 Pelican Bay Blvd., Suite 600 Naples, FL 34108 L'Image, Inc. d/b/a L r¡mage - The Salon c/o Sandra Darling, Registered Agent 2860 Citrus Lake Drive, R202 Naptes, FL 34109 Larry's ofBonita,L.L.C. dIb/a:Pelican Larry's c/o Patty Walbert, Registered Agent 2700 Immokalee Road, Unit 13 Naples, FL 34110 MT Golf, L.L.C. d/b/a A1fs Go1fShop clo Todd Sampson, Regìste~d Agent 2700Jmmokalec Road, Bldg. 200-C, Unit 22 Naples, FL 34110 Alfs Golf Shop, Inc. c/o Alfonso MartineT., Registered Agent 15369 S. Dixie Highway Miami, FL 33157 ~urnane-Fortune, L.t.C. . d/b/a Tie the Knot Bridal Couture Collections clo Cohen & Grigsby, P .C., Registered Agent 27200 Riverview Center Blvd., Suite 309 Naples, FL 34134 .... Naples Spa & Tan, Inc. c/o Quinones A. Jorge, Jr., Registered Agent 180 11th Street SW Naples, FL 34117 Nanna Maria, Inc. d/b/a Nonna Maria clo EdiSon Villarraga, Registered Agent 6110 24th. Avenue NW . Naples, FL 34110 Oliver & Associates,P.L. d/b/a Uptown Pet Hospital c/o Dr. Fitzgerald Oliver, Registered Agent 4075 Pine Ridge Ro~ Unit 14 Naples, FL 34119 Picture Warehouse, Inc. c/o Stephen L. Palinchak, Registered Agent 15495 Tamiami Trail, N., #121 Naples, FL 34110 Sp~a1ty Electronics, L.L.C. dIbIä Specialty Elec1ronics c/o Dana K. Vannatta, Registered Agent 172 Saba! Lake Drive Naples, FL 34104 JaJ.11es Vansickle d/b/a Uptov,'Il Barber Shop 2700 Immokalee Roa~ Suite II Naples, FL 34110 Uptown General & Aesthetic Dentistry, P.A. c/o Armando L. Pino, Registered Agent 2700 Immoka1ee Road, Suite 5 Naples, FL 34110 Wilrock, LL.C. dIbIa Jason's Deli c/o Scott D. Willis, Registered Agent 14009 Shimmering Lake Court Fort :Myers, FL 33907 World of Rugs, Jnc. c/o Joseph Hackler, Registered Agent 10915 SE Pine Grove Street Tequesta, FL 33469 1 , . SERVICE LIST Collier County v. First NaûonaL Bank of Naples, et aL Agenda Item No. 16K3 October 12,2004 Page 15 of 17 Metro PCS, Inc. Capitol Corporate Se-n.ices. IDe., Reg. Agent 1333 North Duval Street Tallahassee, F'L 32303 C' ub Zero 26.';0 ImmokaJee Road, Bldg. 300, Suite 3 Naples, FL 34109 Baskins DurLdn 2650 Immokalce Road., Bldg. 300, Suite 1 Napks., FL 34109 USA Dry Cleaners ?6S0 Immokalee Road, nIdg. :WOC, Suitc 26 !~aplr·{, FI, 34109 Eu:tQpean Recliners, lYle. de ()uï.rLesW, Brookc; KcÔsœr;:;d Agent 501 N. Orlan.do Avenue, Suite 139 Winter Park, FL 32789 GT Nails 2650 Immokalee Road, ßJdg. 200A, Suite 10 Naples, FL 34109 E T. Karate ":\í50 llüIDokaJee Road, Bldg, 700A, Suite 14 Naples, FL 34109 ! è.!jc;skief: E'/0ryday L.L C. dlb/a GCi's Pizza clo pquJ Blackman, Registered Agent " "i)O ~]l1m()ka1ee Road >~;i.pks, FL 14110 J /(. ~ Corporation oflvk-";;c d!la SLilllmer Day Low Carb Superstore c/o Sarah Asbe:JI, Registered Agent 41 ') N't,;sa1,l COllrt Marct; lshmd, FL 3L11 45 FirSt Lnccgritji t~ank:'.J:,\ J ì "'.F 4rI S-!reet St?' r,:.~;: t'in, ~ (j479 CauseVl-llY Lumber Company, Inc. c/o Scott M. Whidden, Registered Agent 2601 S. Andrews Avenne Fort Lauderdale, FL 33316 NCR/West Coast Insulaûon 3218 Marion Street Fort Myers, FL 33916 Home Building Services, Inc. 8100 Cedar Tree Lane Naples, FT.... 34L 16 Phoenix Associates of South Florida, Inc. 1786 Trade Center Way #2 Naples, FL 34109 Lee Designs LLC 3300 Palm Avenue Fort Myers, FL 33901 Bl'adaDll8., Inc. 4901 East Tamiami Trail #200 Naples, FL 34113 GE Capital Franchise Finance Corporation 17207 North Perimeter Drive Scottsdale, AZ 85225 Tropic Interiors 2650 Immokalee Road Bldg. 200C, Suite 24 Naples, FL 34109 Collier County Tax Collector c/o E. Glenn Tucker, Esquire RHODES TUCKER & GARRETSON P. 0, Box 887 Marco Island, FL 34146 " ./ 2 ....__._"~-- .-.-.....-- Agenda Item No. 16K3 October 12, 2004 Page160f17 , . f EXHIBIT f I A 1#1 '2.. tlM- 1~1'If8IS'IU1 l ~ -5IJI\IETCRì \51 Eoc.-Jr~ 'iii)' Ntplu, fl¡. dl :14110 'PIRn,: 2UZ54J ):¡O. F¡;; 2~i.lã421!Q1 100 . .~ lBOAL )}BSClUP'nON ^ P ARCBL OFLA."ID LOCATED IN THE NORTIfWBST Qt:AnTI;R OJ> Se.CTION 25. TOWNS WI' 48 SDUTH, RANOR2H!.AST.COJJ.lBR COUNTY, l'LORlDA, BBiNOMO:IŒPARTIClJLART.Y DBSCRlBT'..D ASroLLOWS: . , CŒ.IMI:!NŒ AT THE N01rmWEST CORN'f.R OF SECTION 25. roW;tSH:IP 48 SOUTH, RANGE 25 EAST. COU.!ER COUNTY, FLOIlIDA, TIlE SAME JUUNG AP01Nr ON'!'EENORTHRRLy RlOHr--O}<-WAYLINE 01' IMMOKALIm WADi THeNŒ RON N.&pO 4'OD"1i., ALaNa TRlBiORTH UNB oP'rHE NaRTHW!!ST QUARTER OF SAG) SRCTION 15 A."fO .-\LONG TB.e ND~TH1:!RLY RIGFrI·-QF..W A Y I..J:Jœ OP !MMOKAl..BE ROAD, l'Oi. A m:)'T ANCB OP 662.0'1 PImT TD 'fHE ~OR '!'H:Wl!ST COIUœR. OF THF.£AST HALl' OF TI-IF. NORTHWEST Qt'ARTBR OF 1'I:œ NORrRWF.sT QUAiTBR OJ' SAID ~BCTIOK 25; l'Hmi'ŒRUN S.C)l "3::1'3B"!!., ALONn TEE WEST UNE OPTEE BAST'IIALF OJ'THlHroR'I'li'7ŒST QUAR.TBJl OF THE ~ORTHWEST QUAR1'ER OP SAID SJ!CTION 25, FOR A DISTANCB 011150.01 f'J!!T TO A POINT ON '11m SO'lJ'rH:ERLy BOUNDARY OF A5C.OOFOO7RIGH"L'..QF.WAYEASmmNTRECOR.!)E() i.N OJ<., BeOl( 1651 ATPAŒ 14(, OF 'XIII, 'f>IJBUC RECúRDS OF COIliBR COUN'rY. }lL.OlUDA¡ AND TIm POINT OF BP.ŒNNINGOP 1'HI!I>ARCEL 01' LAND HEiRETN DESCRlBBD; 1Iß."lŒ RUN N.B9'1' 'OO"E.. ALONe+ THE! SOt11'HERt Y BO"(JNDARY OF SAID SO'L'"r'HHQI. Y RlQH.'I'-OF·W A-Y 1WD:t\1ENT, FOR A DtsTANŒ OP' 456.14 PJmT, 'rHBNCB RUN S.Qoo46'OO''E. F02ADI5TANCBOP lS.O:U·1!ET; TRRNC1lR.UN U9°14'CC·'W. !'OR A DlSTANCB OF 321.28FEBTi THENCE ItUNI'\'.0l·J4·3' "W. POR. A DISTANcE OFS.ooPBEl': T1ll1Næ JU.'N S.lg·14·OO"'W.FORAD1STANCEOP 135.16 FEET TO A pon-,"T ON TIlE WEST UNH 0." THlIBAS1' HAI..J:I OP THE NORTHWEST QUAR'l'ER 01' T1iB NORTHìVE.'¡l' QUARTER O!' SAIn !mC'nON 2.5; TImNCa RUN N.D ·33 '3S"W.. ALOKC TBB mm'lJNB OP TIlE EAST IIAtl' OF TIŒ NORTHWEST QUAk11m OF THE Ncm.THWI!sr QUARTER OF SAID S:SC7ION 2S, FOR A DlST ANCE: OF 10.00 FB:!!T 'rO THE! ~ B:!!GtNNINŒ: CONT A1N!NG 6.175.3 SQUAlUl;ÆŒr, MORE OR LES-S. THIS PROPP.RTY rs ~'Bmcr '1'0 J!AS~~-:n, P.1!SImv A'l10NB OR RBSTIUCT10HS OP.RBCORT.'I. B£AR.lNO.s !U!""ffit TO TH"E HORTH UN!! DPTHE NOltTI-JW"&.<:1' ~'ARTER OP SEC!1QN E, TOWNSH1l' 48 soum, "RANOn¡S EA8T, COLI..mR COUNTY, Fl.OlUDA., A.q BEING M.89.¡4'CO"E. HO!.J!,MÇINT!!·S,lÞ1C. æRT1PicA:.I,!Ö~ or; AUITrORI'Z.A.TION LB /Inn . 1 -.' ...., '" ÆRP!'nJAl, NON-DClIJSM! ROAD RIOHT-oF-WP.'1', DRAINAGE AND UT!LrrV EA8I!MI!!HT JIM PROJECT #l()OO()~7 "/11613 1lP.F. DWG.1B-4269 l'AAC£L NO. 13~ .0·_1 ''1./ . -~~.- . . '.-.:'- ," BY ~';. . . '- . . . J'.&.M.1tS628 . .' '~~~!A,n'\. IRP. - STArEOFPl..Ò1I.IbA -.- ~i,. ~;¿~~:~~r_;~.;..;',· . '::.. . .' ..' ~ ':"". . . - .-. .~. ., ~ .... ~~~':'~'.~ ,-. .. :fI..", FOLtO NO -.('.0\ 'd?d:.a~9 ~~""7U&W.nr.ntl.,.. -u ~ co ~~. <:; " r- ~ '; ~ t;1 f¡'j IT} .. .. so!¡ 1118 ~ ).' S)!I:'" ¡;; ~ <!J:Z :z 9 . ~~ 0 IfZ § ds , . t.':!J~ ~~~ f J~îJM ~ff¡af -....~ ~ r; 8 ~l 51~~ I ~;~ 51mii >-~ r:;;~ G")0 >:r: ï-t 0° I"'l> tn(') nn æ·o ~it: _"0 0> z.z -< Agenda Item No. 16K3 October 12, 2004 Page 17 of 17 "'.'---..--. ;g;g (fJO ~ Q. ~ t5 n U) ~ n t"; t..,¡ R:~=L, NON·I!JÇcLUSlYE AND U~~t:E~NAGE 100 .o·O!:il ~z '61 ;1 g.. !~ d ~; ?5 ! -.. ----- ----- '1J ~~ ~ fa' ,c'OI !n' []I [0- ...l~ 01>:.. g~ I =e Cl t': "U N» r.-.r-.~ ~~ ~~ 00 ~i t;jgg t/J> t:::J I I Q ¡ . ~ 'I I I I I I I r I ---.---- ~ Iii . .1 :: I ~ I ¡ ". 1· ~ - II '" . I ---I I 1\---I·-Pl'ril~EL. : I ß~ (0 ...1 .j>. g . I I I I f I I I 1 1.¡1 ~! : fl $ .. .. ~ ,D'OOÎ ,D"~I - - :- - ". .- -(J) 1». 1/1 .J .þ.. C1 o . 1f1 I _____1 ¡ I I j 1 Ii I -----r I I r I I I I 1 ~ ~. Ii tri~ 17') tjS ~ .. ~ .... _____ l. -.........öï -.. -0 ~~ .t>.þ1 FOLlQ NO.ðoQI¡"1IDDDOC¡¡¡ ì ---~--"-- :! ¡;11-~~-'-Î rl ~ I~-J ! ÆÐr- -1Jc¡ fir 'I ...~¡,.,!::z I ~ - i ¡. . ~ f! I zl~ ~ , OJ C I~ I ~~~~ wr;l II --'- . i I : ß.~~~~I -________ 1 I Ll.J..ì (1 . - -!~FÚI:_IO NO..Cì'?H;>O;~?. ' i'1 . , I' !. . -0 rr~ ë'f.d ( . . . I Agenda Item No. 16K4 October 12. 2004 Page 1 of 10 Executive Summary Recommend that the Board of County Commissioners Approve an Agreed Order and Authorize Payment of Expert Fees and Costs for Parcel 110 in the Lawsuit Styled Collier County v. Northside Construction Company, et. ai., Case No. 00-0136-CA (Pine Ridge Road Project #60111). OBJECTIVE: Recommend that the Board of County Commissioners approve an Agreed Order and authorize payment of expert fees and costs with respect to Parcel 110 in the lawsuit styled Collier County v. Northside Construction Company, et al., Case No. 00-0136-CA. CONSIDERATIONS: On April 6, 2000, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of Parcel 110 for the Pine Ridge Road project (Project #60111). On April 21, 2000, Collier County deposited with the registry of the Court the sum of $292,200.00 for Parcel 110, thereby vesting title in the parcel in Collier County. A 7-day jury trial began on February 17,2004 in which the property owner, Northside Construction Company, was awarded the sum of $1,744,388.00. On March 16, 2004, a Stipulated Final Judgment was entered by the court. The property owner has filed a motion for expert fees and costs pursuant to Section 73.091, F.S. Under this statute, the County is required to pay reasonable costs incurred in the defense of the eminent domain proceeding. Staff has evaluated the additional costs and risks of proceeding with the cost hearing and recommends paying $228,140.00 for expert fees and costs incurred in connection with Parcel 110, the terms of which are set out in the Agreed Order (attached as Exhibit "A"). All fees have been negotiated downward as described in the attached letter dated September 27,2004 from Joe Fixel, Esquire. The fees are summarized as follows: Name Real Estate Analysts, Inc. DiCristina & Associates Morris-DePew Associates, Inc. Kepple Engineering Gorsium, Inc. John Hagan Associates, Inc. Homsany, Inc. Ruden, McClosky, Smith, Schuster & Russell, P.A. (costs) Invoice Amount Negotiated Amount $ 115,845.48 $ 34,654.43 $ 37,078.04 $ 19,541.50 $ 27,912.50 $ 2,012.50 $ 3,560.00 $ 41.182.86 $ 281,787.31 $ 104,500.00 $ 28,590.00 $ 33,350.00 $ 17,500.00 $ 17,200.00 $ 2,000.00 $ 3,300.00 $ 21.700.00 $ 228,140.00 FISCAL IMPACT: Funds in the amount of $228,140.00 are available from the Transportation Supported Gas Tax and Impact Fee Funds. Source of funds are Gas Taxes and Impact Fees. /- GROWTH MANAGEMENT IMP ACT: None. "' Agenda Item No. 16K4 October 12, 2004 Page 2 of 10 RECOMMENDATION: That the Board of County Commissioners approve the Agreed Order and authorize payment of $228,140.00 to the Ruden, McClosky, Smith, Schuster & Russell, P.A. Trust Account on behalf of the property owner for expert fees and costs for Parcel 11 O. PREPARED BY: Heidi F. Ashton, Assistant County Attorney, Office of the County Attorney -----.~_..__.,..'.~~-,~.-- Agenda Item No. 16K4 October 12, 2004 Page 3 of 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date 16K4 Recommend that the Board of County Commissioners Approve an Agreed Order and Authorize Payment of Expert Fees and Costs for Parcel 11 0 in the Lawsuit Styled Collier County v. Northside Construction Company, et. aI., Case No. 00-0136-CA (Pine Ridge Road Project #60111). 10/12/2004 900:00 AM Item Number Item Summary Prepared By Date Heidi F. Ashton Assistant County Attorney 9128/2004 2:24:00 PM County Attorney County Attorney Office Approved By Lisa Taylor Management/Budget Analyst Date Transportion Services Transportation Administration 9/29/2004 8:32 AM Approved By Gregg R. Strakaluse Transportation Engineering/Construction Mgmt Director Date Transportion Services Transportation Engineering and Construction 9/29120044:41 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Transportation Engineering and Construction Date Transportion Services 9/30/200411 :34 AM Approved By Sharon Newman Accounting Supervisor Date Transportion Services Transportation Administration 9/30/2004 1 :59 PM Approved By Nonn E. Feder, AICP Transportation Division Administrator Date Transportion Services Transportation Services Admin. 9/30/20044:31 PM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 10/112004 10:46 AM Approved By Pat Lehnhard Administrative Assistant Date County Manager's Office Office of Management & Budget 10111200411 :13 AM Approved By Susan Usher Senior Management/Budget Analyst Date Agenda Item No. 16K4 October 12, 2004 Page 4 of 10 County Manager's Office Office of Management & Budget 10/1/20042:39 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 10/4/200412:20 PM Approved By James V, Mudd Board of County Commissioners County Manager Date County Manager's Office 1014120047:32 PM ------- .---... .. , . Agenda Item No. 16K4 October 12, 2004 Page 5 of 10 IN THE CIRCUIT COURT OF TIIE 20TH JUDICIAL CTRCUIT, IN AND FOR COLLIER COUNTY, FLORIDA CASE NO.: 00-0136-CA COLLIER COUNTY, FLORIDA, a Politica] subdivision of the State of Florida, Petit10ner, P)JR~: 110 VS. NORTHSlDE CONSTRUCTION COMPANY, et at, Respundents. AGREED ORDER ON RESPONDENT!S. NORTH SIDE CONSTRUCTION COMPANY. MOTION TO TAX EXPERTS' FEES AND FOR COSTS 1HIS CAUSE having come on to be considered upon RESPONDENTS, NORTHSlDE CONSTRUCTION COMPANY, MOTION TO TAX EXPERTS' FEES AND FOR COSTS, and the partíes having agreed thereto, and the Court being otherwise fully and duly advised in the premises, il is hereby CONSIDERED, ORDERED AND ADruDGED: 1. Respondent's, Norlhside Construcúon Company, Motion To Tax Experts' Fees And For Costs is granted, such Ù1at Petitioner, Collier County, wiU pay the sum of Two Hundred Twenty Eight Thousand One Hundred Forty and no/OO Dol1ars ($228,140.00) to Ruden, McClosky, Smith, Schuster & Russell, P.A. Trust Account. 10f3 fTl: 1294759: 1 Agenda Item No. 16K4 October 12, 2004 Page 6 of 10 within thirty (30) days of receipt of a conformed copy of this order, for payment of the following experts' fees and costs: Real Estate Analysts, Inc. DiCristina & Associates Morris-DePew Assocfate~ Inc. Kepp1e Engineering Gorsium, Inc. John Hagan Associates, Inc. Homs8oy, Inc. Ruden, J\.f.cClosky, Smith, Schuster & Russell, P.A. $104,500.00 $ 28,590.00 $ 33,350.00 $ 17,500.00 $ 17,200.00 $ 2,000.00 $ 3,300.00 $ 21,700_00 2. The Court reserves jurisdiction to consider RESPONDENT'S, NORTHSIDE CONSTRUCTION COMPANY, MOTION TO TAX ATTORNEYS' FEES (NONMONETARY BENEFITS AND PER FLORIDA ST A TIJTES SECI10N 73.092(2»). DONE AND ORDERED in Chambers, Naples, Collier County, F1orida, this _ day of ,2003. Copie!S furnished to all parties On Attached Service List 2of3 fTL:I2947S!):1 Judge, Circuit Court '" Agenda Item No. 16K4 October 12, 2004 Page 7 of 10 SERVICE U~ Collier Countv V8. Northside Construction Co. (pine Rid2e) Case No. OO-Ol36-CA . Joe W. Fixel, Esq, Fixel & Maguire 211 South Gadsden Street Tallahassee, FL 32301 Heidi Ashton, Esq. Assistant County Attorney Collier County Attorney's Office 3301 E. Tamiami Trail Naples, FL 34112-4902 Jean G. Howard, Esq. P.O. Box 029100 Miami, FL 33102-9100 Attorney for Florida Power and Lighl CoJher County Tax Collector E. Glenn Tucker, Esq. P.O. Box 887 Marco Island, FL 34146-0887 Collier County Clerk of the Circuit Court P.O. Box 413044 Naples, FL 33941 30f3 /- FTL:12!J47S9:1 Agenda Item No. 16K4 October 12,2004 Page 8 of 1 0 September 27,2004 Confidential Attorney Client Privilesæ:ed Heidi A.,hlon, l~quire Coliier County Attomey's Office Colher Cuunty Courthouse 330 J Er.i>t Tarninrnj Trail NéèPJcS, Florida 341124902 Gregg R. Strakalusc, P.E. Director of Engineering & Construction Managem~nt Department Transportation Division 2675 Horseshoe Drive, Suite 401 Naples, F10rida 34104 RE: .Collier County v. Nortbside Construction Co. - Case No. 00-OI36-CA Property Owner: Northside Construction Company - Parce1110 flk~ ¡'\o. 19-08-110 "mject N0. 6011 t Dear Heidi & Gregg: fhii; is to provide you with a written outline of the recoDllJlended settlements for North:;ide's {:;J;, pcrts fees and all costs. We previously have discu:;sed these as being what we \J,'(lulct fCl:ummcnd for Board approval. Pertinent p0rtior¡~; of Respondent's expcl1 invoices, which were attached to its motion, '>'.;:[.:; brwardcd to the C'ounly's counterpart expert~ in order for them to provide us with feedback as to the reaí:onableness of these expert fees which are being sought. Based upon the feedback we .have received, togelher with additional information wlùch has been dicitcd ::hrough other means (e.g. depositiom;), our infonned recommendations regarùing settlement of these matters are as foHows: L Reë'! Estate Analysts, Inc. (appraiser) ~ $104,500.00, ? DiCn~rp'la & Associates (apartment develuper) - $28,590.00 3. Morns-Depew Associates (land planner) - $33,350,00. .~. Kepple Engineering ~ $17,500.00. ,)Iohn Hagan Assol:Ïéltcs (second appraiser) - $2,000.00. ~J_ .....,_.- Agenda Item No. 16K4 October 12, 2004 Page 9 of 10 September 27, 2004 Page - 2 - 6. Homsany. Inc. (contractor) - $3,300.00. 7. Gorsium, me. (landscape architect) - $17,200.00. 8. Ruden, McCloskey, Smith, Schuster & Russell, P.A. - $.21,700.00 With regard to the Real Estate Analysts, Inc. recommendation, this represents 90% of what has been requested in Respondent's motiO'n and full payment of all of its exhibit preparation costs, whjch amounted to $1,979.23. This recommendation is based upon this amount heing only slightly above a splìt of what is being sought ($115,845,00) and what our witness (Bruce Dilges) would testify to at a hearing as constituting a reasonable fee ($88,212.00). In addition, and mosL importantly, if one takes into account all appraisal expenses incurred by the County with respect to this litigation (including those rdaled to Woody Hanson), i.t is our judgment that the CourL will in aU likelihood award a fee in excess of tÌle recommended $104,500.00. The DiCristina recommendation reflects a 17.5% discount of that invoice and is not one we should contest assuming all these other expert fees can be settled. With respect to the Morris-Depew recommendation, this represents an amount equal to approximately 90% of what is being sought and is substantially less than what the. County paid its land planner for arguably similar services. As to the Kepple Engineering recommendation, the recommended $17,500.00 is s1ight1y less than 90% of the fee sought to be paid, and it is something that appear!; to be appropriate under the totality of the circumstances. As to the Hagan Associates invuice of slightly over $2,QOO.OO, we recommend it be paid because it is substantially less than any of the County's appraisers" bills, eVeTI though it might be technically argued that the nature of the serviçes remlered were more of a consulting nature than direct litigation expert wÌlness services. As to the Homsany, Inc. invoice, what i~ recommended is a slight discount un what appears to he a fairly reasonable invoice for the reasonably necessary services rendered, Regarding the Gorsium. Inc. invoice, what is bcing recommended j!; substantial1y less than the nearly $28,000,00 invoice requested to he paid in full by this particular expert. At deposition, the County's counterpart, George Fogg, indicated that a reasonable fee for these services should nol exceed $10,000.00. Assuming the Court would come to a conclusion that something betwecn the anticipated Fogg testimony on behalf of the County in the amount of $10,000.00 nnd the nearly $28,000.00 sought would be appropriate, the figure of $17,500.00 is more favorable for Lhe County than a split of those two numbers. Further, $17,200.00 amounts I Agenda Item No. 16K4 October 12, 2004 Page 10 of 10 September 27, 2004 Page-3- to more than a $10,000.00 savings below what is being sought at the hearing by Gorsium, Inc, A settlement of $17,200.00 which we are recommending, constitutes less than 63% of what is being sought. As to the costs soughl by Northside's lawyers, payment of the recommended $21,700.00 is approximately half of what is being sought and it is expected that the Court will direct the County to pay more than $21,700.00 if this issue goes to hearing. Thank you for YOUT time and attention to these mattern. Please let me know if you need anything more from me to place this before the Board for its consideration. Sincerely yours, Joe W. Fixel JWF/ahr . J ;\CLll'Nl 1>1'1( ~\Cnffi"r-Pí"" Ri"ll''''Ionbsidc CO/lS¡\KCll'!:.h3idc COD.tnI...j¡",IAIh¡Cl\.)tr.37 .c1oc Agenda Item No. 17 A October 12, 2004 Page 1 of 5 .-- EXECUTIVE SUMMARY SE-04-AR-5971, an Ordinance amending Ordinance 04-22, the Balmoral PUD to correct a scrivener's error in Section 1.2 - Legal Description of the Ordinance to the Balmoral PUD for property that is located on the east side of Livingston Road (C.R. 881) and the west side of Whippoorwill Lane, in Section 8, Township 49 South, Range 26 East, Collier County, Florida. OBJECTIVE: To have the Board of County Commissioners (BCe) correct a scrivener's error within Section 1.2 of Ordinance 04-22 (the Balmoral PUD) to correct certain typographical errors in the Legal Description that is consistent with the Collier County Growth Management Plan (GMP) and the Land Development Code. CONSIDERATIONS: The BCC on April 13, 2004 approved Ordinance 04-22. This action provided for a scrivener's error containing a revised legal description. Zoning and Land Development Review staff subsequently discovered that the revised Legal Description referenced an incomplete legal description in the final draft that was submitted by the applicant. The revised legal description is consistent with the Board's approval. The Collier County Attorney's office has directed staff to prepare a scrivener's error amendment. FISCAL IMPACT: It should be noted that this scrivener's error is to reflect the correct legal description for a PUD that was approved by the BCe. Therefore, this change 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 originally rezoned to PUD. In addition, the County collects impact fees prior to the issuance of building permits to help offset the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. .- SE-04-AR-5971, BaJmoral PUD 1 Agenda Item No. 17 A October 12, 2004 Page 2 of 5 GROWTH MANAGEMENT IMP ACT: This petition was reviewed for consistency and was found to be consistent with all the applicable provisions of the GMP. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.1 and 3.15 of the Collier County Land Development Code. STAFF RECOMMENDATION: That the Board of County Commissioners approve the scrivener's error correction to Ordinance Number 04-22. PREPARED BY: Raymond V. Bellows, Chief Planner Department of Zoning & Land Development Review SE-04-AR-5971, Balmoral PUD 2 ~. _.~--._--,--...,~-,.., Item Numb.r Item Summ.ry Meeting Date Agenda Item No. 17 A October 12. 2004 Page 3 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 17A This item reQuires.1hat all participants be ¡¡worn in and ex parte disclosure be provided by Commissum nU.!n1bef$. SE~D4-AR·5971, an OrdInance lum:mding Ordìnanc~ 04..22, Ihp. Balll10røl PUD to I:Nrel;t;!l tH;fi\lenSr'li error in SeçticlfI 1.2 - L6gal Deficnlltlon of the OrdinancE:: to lhe Ba\moral PUD fûr proþl\!rt)l Ihat ia tocated on the nst side of U\lings.lon Roø.d (C.R. 881) lind the west side 01 Whîppoorwiil Lane, in Section B_ Township 49 South, Rfmge 26 East. Collier County, Florida 10112/20049:00:00 AM Prepared By Chie1 Planner 9/14/20045:06:26 PM Ray Bellows Community Development & Environmental Service. Date Zoning & Land Dovelopnn:ont Review Approved By Chief Planner Date Raya.llow¡; Community Development & Emiironmental S(!orvicetõ Zon¡ng & Land Oevttlopmel1t Re...iß'W 9114í2004 5'.25 PM Cons1..nce A. Johnson Date Approved By Community Development & En\(ironm~nlßI Sf!>r...ic~s Operations Anal)'st CQmmunity DevI!Iopmen1 ./I. Environment;tl Ser",ir.fts Admin. 911517004 ":50 PM Approved By 1.onlng ./I. l.ilfld Dt!velopmf!nl Olmc:tor Oat... SU$an Murr..y, AICP Communtty Oevelapmtlnt & Elwironrnt!lItal Service. Z<mitlg & Land Developtnenl Re\H~' 9116/2004 10:28 AM Smtdra ten Datil Approved By community Development & Envlronn1ental ServIces F. :{lfu;IIUve $(¡çnrtary Community Oevl!topmefl1 & Envlromnental Services; Admin. 9116/200" 10:38 AM Jos~h K. Scnmitt O<rte Approved By community De'/~Iopmt:nt & Environmental Service. Community Development & En\llrQnrnf!nt;1I Se-ryir:ns Admln51:tator Community DttVelopment & Eu...ironltutn1al Sr.rvlc:eK AdnlÍl1, 9116;20049:24 PM Pat lehnh;m.t Adn¡inistrative Ä$.Uiutanl O.I-t: Approved By County Manager's Office Office of Management & Budget 9/1712004 2 :41 PM Ma.rk Isackson Budget AnalY'it Oat. Approved By county Manager'!J Office Office ot Mallngillmol'lt & Budgel 9121120049:21 AM Michael SmvkoW1lkl Manag('lnlel'lt It F.hJdlilet Dirr.clof 0... Approved By County Manager'& Office Offic!' of Management 8. Budget 9!30f2OU4 9:G1 AM Approved By James V, Mudd ßo~rd ot County CommissìonÐrs County Manager D.", CDunty Mnn.OBt'$; Offir:::e 9./.\01200411:27 AM ORDINANCE NO. 04- Agenda Item No. 17 A October 12, 2004 Page 4 of 5 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 9I-I02, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, OR SUCCESSOR PROVISION, BY PROVIDING FOR A SCRIVENER'S ERROR AMENDMENT TO CORRECT ORDINANCE NUMBER 04-22, THE BALMORAL PLANNED UNIT DEVELOPMENT (PUD) AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Collier County Board of County Commissioners adopted Ordinance Number 04-22, on April 13,2004; and WHEREAS, following said action adopting Ordinance Number 04-22, staff detennined that an incorrect legal description was provided and that this constitutes a scrivener's error. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: SCRIVENER'S ERROR AMENDMENT TO SECTION 1.2, LEGAL DESCRIPTION Section 1.2, Legal Description, of Ordinance Number 04-22, the Balmoral PUD, is hereby amended to correct a scrivener's error as follows: 1.2 LEGAL DESCRIPTION The subject property being: The foJlowing described property in Collier County, Florida: As recorded in O.R. Book 1681, Page -4- 5 and O.R. Book 803, Page 1483, of the Public Records of Collier County; and the south half of the southwest 1/4 of the southwest 1/4 of Section 18, Township 49 South, Range 26 East; and the south ]/2 of the southeast 1/4 of the southwest ]/4 of Section 18, Township 49 South, Range 26, East. Subject parcel contains 58.95 acres, more or less. SECTION TWO: EFFECTIVE DA TE This Ordinance shaJl 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. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DONNA FIALA, CHAIRMAN Approved as to Form and Legal Sufficiency: Marjorie M. Student Assistant County Attorney SE-2004-AR-S9711RBIsp Agenda Item No, 17 A October 12, 2004 Page 5 of 5 Page 10f2 Words stn¡ek threHgR are deleted; words underlined are added Agenda Item No. 17B October 12, 2004 Page 1 of 39 -- EXECUTIVE SUMMARY Petition: RZ-2004-AR-5876, Commerce Center At Naples LLC represented by Robert J. Mulhere of RW A, Incorporated, requesting a rezone from the Heavy Commercial (C-5) And Industrial (I) zoning districts to the Heavy Commercial (C-5) zoning district. The subject property is located at 3400 Radio Road, in Section 1, Township 50 South, Range 25 East, Collier County, Florida and consists of 5.36 acres. OBJECfIVE: To have the Board of County Commissioners determine whether the requested rezone is consistent with the Collier County Growth Management Plan and Land Development Code and is in the best interest of the community. CONSIDERATIONS: The petitioner wishes to rezone 5.36 acres from the Heavy Commercial (C-5) zoning district and the Industrial (I) zoning district to the Heavy Commercial (C-5) zoning district. ,r-- The subject property is currently developed with office, service, and restaurant uses. The property is partially within the C-5 zoning district and partially within an Industrial zoning district. In the industrial portion, some of the businesses, which have been granted occupational licenses, are not permitted in an Industrial zoning district. By rezoning the entire parcel to C-5, all the existing non- conforming uses would become legitimized. The petitioner states that redevelopment of the property is not anticipated at this time, however redevelopment to a C-5 use or uses is a possibility in the future. The petitioner and County staff discussed the possibility of only rezoning the Industrial portion of the property to avoid confusion over a C-5 to C-5 rezoning. The petitioner stated that rezoning only the Industrial portion would require a special purpose survey, which would be very expensive. FISCAL IMP ACT: This rezone by and of itself will have no fiscal impact on the County. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. ~ 1 Agenda Item No. 178 October 12,2004 Page 2 of 39 Other fees will include building permit review fees and utility fees associated with connecting to the County's sewer and water system when required. 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 valorum tax rates. The revenue that will be generated depends on the value of the improvements. At this point in time staff has not developed a method to arrive at a reasonable estimate of tax revenue based on ad valorum tax rates. Nevertheless, it should be appreciated that not withstanding 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 IMP ACT: The subject property is designated Urban (Urban - Mixed-Use District, Urban Residential Subdistrict) on the Future Land Use Map of the Growth Management Plan. Within the Urban-Mixed Use District, the Office and In-fill Commercial Subdistrict (OIC) provides for "low intensity office commercial or in-fill commercial development on small parcels within the Urban-Mixed Use District located along arterial and collector roadways where residential development, as allowed by the Density Rating System, may not be compatible or appropriate." In addition, the OIC provides that development of land abutting commercial zoning on both sides may include those of the highest intensity of the abutting commercial zoning district. The subject property is irregularly shaped and a portion of the site is already zoned C-5. The net effect of this petition is to rezone the portion of the site zoned "I" to C-5. The "I" portion of this site complies with all of the Office and Infill Commercial criteria, as identified in the staff report. Based upon the above referenced analysis, staff concludes that the proposed rezone from Industrial "I" and C-5 to C-5 may be deemed consistent with the Future Land Use Element. ENVIRONMENT AL ISSUES: There are no outstanding environmental issues associated with this petition. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: An Environmental Impact Statement was not required for this parcel, because it is under the size threshold, with no wetlands on site. Therefore, the Environmental Advisory Council did not hear this petition. 2 Agenda Item No. 17B October 12, 2004 Page 3 of 39 PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission heard this petition on September 16, 2004. The Planning Commission unanimously recommended (9-0) to approve petition RZ-2004-AR-5876 (this petition will appear on the Summary Agenda). STAFF RECOMMENDATION: The proposed rezone is consistent with the applicable provisions of the Growth Management Plan and Land Development Code. Therefore, staff recommended that the Collier County Planning Commission forward Petition RZ-2004-AR-5876 to the Board of County Commissioners with a recommendation of approval. PREPARED BY: MICHAEL J. DERUNTZ, PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW RZ-2001-AR-1934 3 Item Number Item 8umm.ry Meeting Dllte A9"nda Item No. HB OClober 12. 2004 Page 4 of 39 COLLIER COUNTY BOl\RD OF COUNTY COMMISSIONERS I7B RZ-20D4"AR~5876. Commerce Center At Naple&. LLC represented by Robert J. Mulhflre 01 RWA, Inc::orp( rated, requelòting a fjzonc from the HC8V)1 CÙI11mtHClal (CO'S) And Industrial (1) lDnit'9 dl$tric:tß to, th~ Htlll/Y C(,l'1Irmm:¡s\ (C ·5) zoning distri¡:t. The subJtu;t propetty is 1(lcated at 3400 Radio Road, in Section 1, Township 50 South. Range 25 East, Collier County, Florida and consists of 5.36 acrflø 10112/20049:00:00 AM Michael J. DeRuntz Pt'Îl1cip.Jl¡ Planner 9/24/20048:02:57 AM Prepared By c.ommunity DIt\fnlopmen'l: & Environmentsl Servh.:es Oata Zoning & L'md DII\'olopment ReYi6w Sandra Lea D.te Approved By Community De'ielopmt':nt & Environment'" $ervicfI. Executive Secretary Community OItV-t;lopment & Environment.al SeNice. Admin. 9124/200410:18 A.M Ray Bellows Chief Pllnner c... Approved By CommurÜty D~veIDpme.nt & Environmental Servk.eft Zunino & l..md DevßlnpmlWt Rel/iew 9/28{2004 3~10 PM Míchøel J. DeRuntz Principal Planner D"'. Approved By Community Dcvelopmi!lnt IS. Environmt:lntal Ser."i~s 7..ol'ing & l.and DevelopmC!'nt Review 9/26l:l00.4 3:56 PM Sl.lIlian Murray, AICP Zoning & LÕlind Oevelopmflnt Director Date Approved By Comlnu"lty Develt)pln~nt & EnVlmnfnlmta.i Si!lrVICItH ;Zon¡llg & Land Devalaplruwt Review 91301201)4 8 :47 AM Approved By Dale Joso:ph K, Sr.hmiU Col"muntly Devf!lopmt!nt $ Envlronmflntul S'!!rYiCfI'$ Community D~\(nIQpm¢nl & EnvíronmC'nt..1 ServÎ<'.etl Adminstrator comnlUflily Olt¥elof ",cnt & Envlronmtlnt...¡ Servíces Admin. 1011/20041:3& PM Pal Lr.hnh a.rd Admtn¡titra~lve Auhlitant Date Approved By Offìc.e 01 Management & Budget 1011120042:03 PM Michael Smykow&ki Management & Budget Oirector Dot. County Manager's OffICe Approved By County Milmag(H'1i Offlr.c Qffir.t! of Mn"a{)~"''\(mt & Budget 10/4/2004 12;31\ PM JamlMi1 V, ~udd Counly Manan"' Dalf! Approved By BDard ot County Commls!Sloners County M¡ ¡nug~r's Office 10/S/20íM 11:53 AM ..._-_._..~_.-.. Agenda Item No. 178 October 12, 2004 Page 5 of 39 Co'lNf.,. County ... - ~~ulr - A.- STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERvlCES DIVISION HEARING DATE: SEPTEMBER 16, 2004 SUBJECT: RZ-2004-AR-5876 OWNER/AGENT: Agent: Robert J. MuIhere. AICP RW A, Inc. 3050 North Horseshoe Drive Naples. FL 34104 O\\-11er: Commerce Center of Naples, LLC 400 I Tamiami Trail North. Suite 350 Naples, FL 34103-3555 REQUESTED ACTION: The petitioner wishes to rezone approximately 5.36 acres from the Heavy Commercia] (C~5) zoning district and the Industrial (I) zoning district to the Heavy Commercial (C-5) zoning district. GEOGRAPHIC LOCATION: The property is located in the southeast quadnmt of the intersection of Radio Road (CR 856) and Airport- Pulling Road (CR 3 I). The subject parcel, however, does not include the gas station immediately on the comer. The parcel lies in Section [1], Township [50J South, Range (25J East, Comer County, Florida. (Please refer to the location map on the next page.) Agenda Item No. 178 October 12, 2004 Page 6 of 39 I '. I w ... - ~~_._._~~~_~_._~_~_.~~~~~._._\_._._~_*_f_' CI) I i I D. < 2 I- tit -~ WIllI \IIII"IYIIt-.1.... I!fV'IN . ..u.o -...n ~ $JVI'M _.... I .... L I i .. . I, .., I ,1111'_,1 I I III -- . þ A. < 2 z o - I- < (.) o ...J ¡ - I 2 .,<".,..,""',._,-....., ~ . n", ---.-.. Agenda Item No. 178 October 12, 2004 Page 7 of 39 PURPOSElDESCRIPTION OF PROJECT: The subject property is currently developed with oftice, service. and restaurant uses. The property is partially within the C-5 zoning district and partiaIJy within the I zoning district. In the Industrial portion, some of the businesses, which have been granted Occupational Licenses, are not pennitted in the Industrial zoning district. By rezoning the entire parcel to C-5, an the existing uses would become pennitted uses. The petitioner states that redevelopment of the property is not anticipated at this time, however redevelopment to a C-5 use or uses is a possibility in the future. The petÍlioner and County staff discussed the possibility of only rezoning the Industrial portion of the property to avoid confusion over a C-S to C-5 rezoning. The petitioner stated that rezoning only the Industrial zoned portion would require a special purpose survey, which would be very expensive. SURROUNDING LAND USE AND ZONING: Subject Parcel: Surrounding: North: Ea.,';; t: South: West: The site is developed; zoned C-5 and I Gasoline service station and Radio Road ROW, across which is a bank; zoned C- 5 Industrial buildings; zoned I Industrial building and undeveloped land; zoned I Airport-PuJ1ìng Road ROW; across which is the Naples Municipal Airport ~ --, i 1 ! I i i j i i i j i i I i ...... i ~ ti. i ~ i i ~ j Ii! i "" ! z ::I ZONING MAP :3 Agenda Item No. 178 October 12, 2004 Page 8 of 39 ZONING MAP WITH STRI)CTURES AERIAL PHOTO 4 Agenda Item No. 178 October 12, 2004 Page 9 of 39 GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Urban (Urban - Mixed-Use District, Urban Residential Subdistrict) on the Future Land Use Map of the Growth Management Plan. Within the Urban-Mixed Use District, the Office and In-filJ Commercial Subdistrict (OIC) provides for "low intensity office commercial or in-fiU commercial development on small parcels within the Urban-Mixed Use District located along anerial and collector roadways where residential development, as allowed by the Density Rating System, may not be compatible or appropriate." In addition, the OIC provides that development of land abutting commercial zoning on both sides may include those of the highest intensity of the abutting commercial zoning district. Office and In-filJ Commercial Subdistrict Criteria: a. The subjoct site is in the Urban-Mixed Use District. (Site is located within the Urban- Mixed Use Distr;,·t). b. The subject site abuts a road classitied as an arterial or collector on the CoUier County Functional Class Map, as adopted in the Transportation Element (The site abuts Radio Road (collector) and Airport-Pulling Road (arterial}). C. A rezone to commercial zoning is requested for the subject property in its entirety, up to a maximum of 12 acres. For a property greater than 12 acres in size, the balance of the property in excess of 12 acres is limited to an environmental conservation easement or open space. Under this provision, "open space" shall not include water management tàcililies unless said facilìties are incorporated into a conservation or preservation area tòr the purpose of enhancement of the conservation or preservation area. (Site is 5.36 acres in size). d. The site abuts commercial zoning. (i) On one side and non-commercial zoning on the other side; or, (i i) On both sides. (Due to it... irreglllar shape. the site abuts C-5 zoning on two ...ides [portion of north and west} and Industrial zoning on two sides {south and ea.'.tl). e. The abutting commercial zoning may be in the unincorporated portion of Collier County or in a neighboring jurisdiction. (Not applicable) f The depth of the subject pmperty in its entirety, or up to t 2 acres for parcels greater than t 2 acres in size, for which commercial zoning is being requested, docs not exceed the depth of the commercially zoned area on the abutting parcel(s). Where the subject site abuts commercial zoning on both sides, and the depth of the commercia1ly zoned area is not the same on both abutting parcels, the Board of County Commissioners shall have discretion in determining how to interpret the depth of the commercially zoned area which cannot be exceeded, but in no case shall the depth exceed that on the abutting property with the greatest depth of commercial area. This discretion shall be app1ied on a case-by-ca.<;e basis. (The deptlr from Airport Pulling Road is equal to the exÙiiting C-5 commercial zoning) 5 Agenda Item No. 178 October 12, 2004 Page 10 of 39 g, Project uses are límited to office or low intensity commercial uses if the subject property abuts commercial zoning on one side only. For property abutting commercial zoning on both sides, the project uses may include those of the highest intensity abutting commercial zoning district. (The property abuts C-5 zoning on the north side {the outparcel at the northwest C(lrner of the subject site I and Industrial 'Zoning on south and the east side). h. The subject property in Îts entirety was not created to take advantage of this provisÎon, evidenced by its creation prior to the adoption of this provision in the Growth Management Plan on October 28, 1997. (site wa.~ created pri( f to 1997) L For those sites that have existing commercial zoning abutting one side only: i. commercial zoning used pursuant to this Subdistrict shan only be applied one time and shaH not be expanded. ex.cept tor ag!:,.'TcgatÎon of additional properties so long as an other criteria under this Subdistrict are met; and. (thL'í is the first requested use of the OIC Subdi.'ítrict at this location). ii uses shall be limited so as to serve as a transitional use between the commercial zoning on one side and non-commercial zoning on the other side. (The site abuts C-5 on one side and Industrial zoning on the other side and the petitioner is requesting C-5 zoning) J. For those sites that have existing commercial zoning abutting both sides, commercial zoning used pursuant to this Subdistrict sha ] only be applied one time and shall not be expanded, except for aggregation of additional properties so long as an other criteria under this Subdistrict are met. (Not applicable) k. Lands zoned for support-medical uses pursuant to the "one-quarter mile support medical uses" provision in the Urban designation shaH not be deemed "commercial zoning" fur purposes of this Subdistrict (Not applkable) I. For properties zoned commercial pursuant to any of the Infill Subdistricts in the Urban- Mixed Use District or in the Urban-Commercial District, said commercial zoning shan not qualify to cause the abutting property(s) to become eJîgihle for commercial zoning under this Office and Infilt Commercial Subdistrict. (Not applicable) m. Land adjacent to areas zoned C- I IT on the zoning atlas maps, or other commercial zoning obtained via the former Commercial Under Criteria provision in the FLUE, shall not be eJigibte for a rezone under the Office and lnftH Commerdal Subdistrict, except through aggregation as provided in Paragraphs i. and j. above. (Not applicable) n. For purposes of this Subdistrict, property abutting land zoned Industrial or Industrial PUD, or abutting lands zoned for Business Park uses pursuant to the Business Park Subdistrict, or abutting lands zoned for Research and TechnotogyPark uses pursuant to the Research and Tcchnology Park Subdistrict, shaH also qualify tor commercial zoning 6 Agenda Item No. 178 October 12, 2004 Page 11 of 39 so long as all other criteria under the Office and lnfill Commercial Subdistrict arc met. (Property abuts Industrial zoned land 'i). O. At time of development. the project win be served by central public water and sewer. (The ,'tife i.fi ,verved by central public water and .5(M'er). p. The project will be compatible with existing land uses and penllitted future land uses on surrounding properties. (The reque!t'ted C-5 Ilses are considered to be compatible with fhe exi.vting C-$ zoning to the north and the ~l" zoning to lhe east). q. The ma.ximum acreage eligible to be utilized for the Office and Infi]! Commercial Subdistrict within the Urban-Mixed Use District is 250 acres. (Approximately 107 acres have thm; far been rezoned utilizing the OIC Subdi!t·trict.) The subject property is irregularly shaped and a portion of the site is already zoned C-5. The net effect of this petition is to rezone the portion of the site zoned Industrial to C-5. The Industrial zoned portion of this site complies with all of the Office and Intìll Commercial criteria. Based upon the above analysis, staff concludes that the proposed rezone trom Industrial and C-5 to C-5 may be deemed consistent with the Future Land Use Element. A,~AL YSIS: Environmental: There are no unusual environmental issues with this developed site. Transportation: There are no unusual transportation issues with this developed site. If the site is redeveloped, the property owner vvi II have to meet transportation and access management criteria at the time of the Site Development Plan. Utilìties: There are no w1Usual utilities issues with this developed site. Zoning and Land Development Revie\\f: The site meets the criteria for the Office and InfilI Commercial Subdistrict and is therefore eligible to be rezoned to C-5. The petitioner does not request any variances or deviations from the C-5 district; therefore staff does not recommend any additional conditions. The Addressing Section of the Community Development and Environmental Services Operations Department has this petition in "reject" status because the suite numbers on file did not match the suite numbers on the buildings. The petitioner elected to proceed to the cepe without modifYing the suite numbers. 7 Agenda Item No. 178 October 12. 2004 Page 12 of 39 NEIGHBORHOOD INFORMATION MEETING: Synopsis provided by Linda Bedtelyon, Community Planning Coordinator: Agent for the applicant, Robert Mulhere of RW A, Inc. held the required Neighborhood Information Meeting on August 26, 2()()4 at RW A, Iue; 3050 N. Horseshoe Drive, Suite 270, Conference room C, at 5:30 P.M. One person other than agt.'11ts for the applicant and county staff attended. There was no opposition expressed to Mr. Mulhere's presentation ofthc petition for rezone. STAFF RECOMMENDATION: StatT recommends that the CoUier County Planning Commission forward petition RZ-2004-AR-5876 to the Board of County Commissioners with a recommendation of approval. H ,...,,-~,.,---_.,",-'" Agenda Item No. 178 October 12, 2004 Page 13 of 39 PREPARED BY: , ~ ?-é}3.dj FR. JSCHL, AlCP, PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING AND LA-ND DEVELOPMENT REVIEW REVIEWED BY: . ':4, .. ~i¿;f MICHAEL J. DeR,ØNTZ, PRINCl PLAI\I"'NER DA TE DEPARTMENT 6F ZONING AND LAND DEVELOPMENT REVIEW &L LOWS, CHIEF PLAÑ"'NER MENT OF ZONING AND LAND DEVELOPMENT REVIEW ~ r:¡ -z.8 /04 DATE 1\ S AN MURRAY, AICP, DlREC OR DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW JO PH K. SCHMITT, ADMINlSTRA TOR . MMUNHV DEVELOPMENT & VIRONMENTAL SERVICES DIVISION ð~50 '07 DATE Petition RZ-2004-AR-5876 Tentatively scheduled for the October 12, 2004 Board of County Commissioners Meeting. COLLIER COUNTY PLANNING COMMISSION: ¿JlliðJj RUSSEL A. BUDD, CHAIRMAN nl¡b~ ~ 8 Agenda Item No. 178 October 12,2004 Page 14 of 39 REZONE FINDINGS PETITION RZ-2004-AR-5876 Section 2.7.2.5. (10.02.08) 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. Staff analysis (see attached Staff Report) indicates that the proposed rezone is consistent with the goals, objectives, and policies of the Future Land Use Element and the other applicable elements of the Growth Management Plan. 2. The existing land use pattern; The parcel is adjacent to commercial uses and meets the criteria established by the Office and Infill Commercial Subdistrict. According to the Growth Management Plan, the proposed rezone is consistent with the existing land use pattern. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The parcel is adjacent to commercial uses. Analysis of the surrounding uses indicates that the PUD will not create an isolated, unrelated zoning district. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The current district boundaries are logically drawn, since they are consistent with the Growth Management Plan. 1 Agenda Item No. 178 October 12, 2004 Page 15 of 39 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The petitioner states that Occupational Licenses were issued for businesses in the Commerce Center of Naples, which are not permitted uses in the "I" zoning district. The rezoning of the entire site to C-5 will render all currently operating businesses as permitted uses. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; The parcel is not adjacent to existing residential uses; therefore, the proposed rezone will not adversely affect living conditions in the neighborhood. 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 ofthe development, or otherwise affect public safety. Redevelopment of the site is not proposed at this time. However, when redevelopment does occur, the Site Development Plan will be required to meet the applicable provisions of the Land Development Code, including access management. 8. Whether the proposed change will create a drainage problem; Redevelopment of the site is not proposed at this time, however, when redevelopment does occur, the site will be required to meet applicable storm water retention criteria. 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 of the zoning district in which they are located. These development standards are designed, at a minimum to maintain light and air circulation. However, redevelopment of the site is not proposed at this time. 10. Whether the proposed change will adversely affect property values in the adjacent area; An appraisal of estimated future property values resulting from a rezone was not required to be submitted. However, this site is adjacent to other commercial and industrial uses and an adverse effect on property values is not anticipated. 2 Agenda Item No. 178 October 12, 2004 Page 16 of 39 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; The development of adjacent properties in accordance with existing regulations will not be affected by this rezone. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Since the proposed rezone has been found to be in compliance with the Growth Management Plan, the proposed change will not constitute a grant of special privilege. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The property today could be used for industrial uses, However, Occupational Licenses were issued for businesses, which are not permitted within the Industrial zoning district. In order to remedy this situation, the petitioner requests a rezone to the C-5 zoning district. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Since the proposed rezone complies with the Growth Management Plan, it is not out of scale with the needs of the neighborhood or County. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. This rezone request is not to create additional C-5 zoning in order to add new uses, but to legalize the existing uses on site. 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. Redevelopment of the site is not proposed at this time. Future redevelopment might involve demolition of the existing structures and construction of a building or buildings which meet C-5 development standards. 3 "~-.;".._-' ".,------.,.~~. Agenda Item No. 17B October 12, 2004 Page 17 of 39 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. The rezoning of this property will result in the creation of a commercial development. The Site Development Plan or Plat will be reviewed for compliance with the Levels of Service required for public facilities in the area. 4 ·__.,...."""",,.""'9'_"""..,.._~ Agenda Item No. 17B ~~e~~g~ Division of Corporations Florida Limited Liability COMMERCE CENTER OF NAPLES, LLC "~,~'~_.A~_~_,_,_"",,,~~__,,,,,___,___,,,""'M'_^_' ....._~".. ..... ,.-.~ ..v·_·.__..,~·,·,·,,·-,,· . ,. c~''',·..'_~.. .,,"._....._, _.-... ,...-_...........-"..-'~,-~'-' ."..,'....,.~_....-._...-..---.--_.".....-' PRINCIPAL ADDRESS 4001 T AMIAMI TRAIL NORTH SUITE 350 NAPLES FL 34103 Changed 04/30/2002 MAILING ADDRESS 4001 TAMIAMI TRAIL NORTH SUITE 350 NAPLES FL 34103 Changed 04/30/2002 Document Number LOt 000008319 PEl Number 371227988 Date FUed OS/24/200 I State FL Status ACTIVE Effective Date NONE Last Event AMENDMENT Event Date Filed 10/2412003 Event Effective Date NONE Tota) Contribution 0.00 -"----------_._--_._.~---_.--_-""_...-------.. Registered Agent Name & Address C T CORPORATION SYSTEM !ZOO SOIJTH PINE ISI.AND RO"D PLANT A TION FI. 33324 ....--------~--_....~-~¥_.......-..--_...........--- ManagerlMember Detail .., ~^;;;;::,,~ \ :: I http://WVtw.sunbíz.orglscriptslcordetexe?al=DETFIL&nl=LO 1 000008319&n2=NAMFW... 8/23/2004 Division of Corporations Agenda Item N0.17S'---'-- Qs<tQBf! Ó~,,2004 . ~age r9"of 39 '1 NAPLES FL 34103 II I~ ,-----.--~....,-<---~-....--.-.,_.,.__<o._.~_..____.~_..__~__ ua epo s RepOrt Year Filed Date I 2002 i 041)0,2002 I 20tH J 05!0Ii200J I 2004 " OSiO I (2004 I Ann IR rt '^'~ -' ,w.....,, ,-- ~.' .. .._._.._~ ,.-_.__.,...._.~......,.~....-.....__~...~_.~_.._, .._--'~,,_____~~.'....__.H' .,~.«~".~,~ '.--.,_~. -__.'_,'_"A_._" ,- ..A__ ~_'·_·"__d_.'_'~""'___ '~_n_. _.__.. Previous Filing Return to List' View Events No Name History Infonnation Next Filing I -_..~---.... -_.~--'-----_._._._-_. -~--"-"""",--.-,..._- Document Images Listed below are the images available for this filing. º,~!ºla~~~A~U1\.LJU~,,~Rt .1 ºa:J~º();J,::-;A~!}º,m~mj Q5IQJ/4,Q03 :-,A~lJA.LR,EPQ~T !Mj)ºªºº~_=,A~t.~,Rf;.rMT 051241200t=:Fl~imited Líabilites THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT ~--------'-------'~--'~'---"'''''---'- -......--.--.-- --_._.......---....,---'''.,,_.._,.~.....-....._-----,._----_.__...- I¡,.'} :'~.~.~'~ ,.'-.:t;., .,-,,:. ':' ': ,,,.' .~~~~.,.,; <y. .11'{-/;.. ~ ~ . . ¡¡ , ~ "'~,. J:"~ :'J~(', ~:' .' ~.?'-~.- r" .....i.;..~ ,-',: -...,.. ,J .?~:~~'!~<._ ",'.' -:: :.J L,; f)". http://www.sunbiz.orglscriptsfcordet.exe?at =DETFIL&n I =LO I 000008319&n2=NAMFW... 8/23/2004 ,', ."""..-...."'-"'----....""" ,_..u "~'·"-·^'~"'~"_~'_'__'___«_~m"m'__~_m." ."...'_..' ....." ~" Division of Corporations Agenda Item No. 1713""" %.~~~¡f~~g~ -~-,~- --.- ..,..-,,"''''-'--~-' y''''' '--" _,,_w____,_ _"...~ ___... <..._..._u__·_......_____ .,-'-',,- ,~~,""""""'''''''~-'''''''~' ..",. ..,,-, Foreign Profit TCL REALTY, INC. ..--.."_'_'HN_~"... _~~."'__........._~___....~_.__".._,,..._.,~_.....,. ...,........ ._,_.,~__..___,~...__,,_._..^'_~....~k__._ ~-_.' ^~ __,om. .4W,_""" ,,~·_M>~.·· N___'" --..-..,..... PRINCIPAL ADDRESS 400 1 T AMIAMI TRAIL N SUITE 350 NAPLES FL 34103 Changed 04/30/200 1 ("""'''~''_.,.._._.~_.. ~~w<__...,_._..._ _.""""'...........__.."......._ ""',"h'.___'__'_"_"'b·"'~""'__'~"~""'·_"_·'·' .._"".......'"'._.N_..__·_....,~~..·_,··...' _____·_"w...,'·".A._..~~~·~.,,__·+ --,..y,..-",-~ -,.__.~,- MAILING ADDRESS 400 1 T AMIAMI TRAIL N SUITE 350 NAPLES FL 34103 Changed 04/301200 1 Document Number F99000002377 PEl Number 371226437 Date Filed 05/1011999 State [L Status ACTIVE Effective Date NONE ~-----_._,...----,..__......,---'-~--- _._----~---- Registered Agent Name & Address c T CORPORATION SY5TEM 1200 SOUTH PINE ISLAND ROAD PLANTATION I'l 33324 r~-~----'-'W"~""-"'''''''- ______._.~__ _A'.y_·_··_''''_''''''_<Þ~_''·_'' --".,,- Name & Address Title LUND. THOMAS C 4001 TAMIAMI TRAIL N. SUITE3S0 CPST NAl'l.fiS 1'L3410J lUND, THOMAS ç 4001 TAMIAMI TRAil 1'1, SUITE 350 D NAPLES I'l34\03 SIMS. MICHAFiL 4001 TAMIAMI TRAIL N. SUITE 3'0 Officer/Director Detail http:IÎwww,sunbiz.orglscripts/cordetexe?al =DETFIL&n 1 =F99000002377 &n2=NAMFW ,.. 8/23/2004 ----.^--."-.,,-_.,,, ~~«<~"-.~"".<'" Division of Corporations Agenda Item No. 178 Cfii~~df1l~~~~ II NAPLES FL 34 103 II v II ...'.~...,.,.,~. ,.,,"~., -_. ~.'-_.~" ··..,,··_,·O'~ ,_ ~. ,~_ ".-..""" ~.- ~ ,_... .-. - . ~'" - nua epo s I Report Year ~I Filed Date I 2002 I 04(.10;2002 I 2003 II 05/(11'2003 I I 2004 II 05iOl;200. I An IR rt ,- " ~. '_~"___"~_'__~'_~"'d ~_,",'___""__ ........." .,. ,._.... _._-,- ._" ~'._'~"-._--"'- ._~.__. .._- ._._,',-.- ."'_k w......-.......__'_"'_._~ ,._.". ____..._ PreVÌOfJs Filing Return to List I No Events No Name History Information Next Filing I W'_ ._. '__'.__ '_"'_'___'__ ____.,_,__ _.._., ~ __····~'·~·_~M... .____._,... __~............¥' _..._.__.~._____,..._.",._.._,.,.__ ..__"...,~,_.. .._~._....'_ ......_, I>ocurnentlrnages Listed below are the images available for this filing. º2I.9.l[~Q!M.::.ANHUAk.B.fPº~T 0$/0)/2003 __ ANNVAL REPQRT Q4/:}ºl2ºº~_=A~N!lAL.RE.PQRT (M/:Jº/2ºº!..:.:..AooºªJRçpp.11 Q9! !.1l4ººº::::..A~NMPI!'J]~JfºJll\o,H~U.s ß.EP (j5/10/l999 -. Forcirrn Profi THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT ·-··",',·-....~._'""""""~__.~__....n. ____.__~.__..._~~..-.-......_._,_""<_.__,."""........,.____^___,_~...~___._ _, ....._..,.,..__,...."',...__...___._....._..._'"' ;;. ::~'I- \~~"j' ..¡:.J:.. . -7'."~:..~'~j~~.'1."(,·;·>'-.~' "', ~.~'-::~'o> '.' =- ,~ . J', .; ..~r.. . ,~f:i;, (;;'i ",~:' '~""::;" ':-~~,. http://www.sunbiz.orglscripts/cordet.exe?al=DETFIL&n t =F990000023 77 &n2=NAMFW... 8/23/2004 Agenda Item No, 178 October 12, 2004 AR ~876 Page 22 of 39 RZ-2004- -~ PROJECT # 2004040054 DATE: 515/2004 FRED REISCHL ~ A.PPLICATION FOR Pt:.JBLIC HEARING FOR: STA.NDARD REZOJVE Petition No.: Date Petition Received: .......,,~.....,---..,.,..----- Commission District: ___.___-__Planner Assigned:. ABOVE TO BE COMPLETED BY STAFF 1. GenerallnformatÎon: Name of Applicant(s) Commerce Center at Naples LLC Applicant's Mailing Address 4001 Tamiami Trail North, Suite 350 City Naples State __Florida Zip 34to3-3555 Applicant's E-Mail Address: ChaQ[ii-iLlill~iÇapita!. çom Applicant's Telephone #.._ (239) 213-160Q__Fax # (239) 213-1940 Name of Agent Robert 1. Mulhere Firm RWA, Inc_ .Agent's Mailing Address __. 3050 N. Horseshoe Dr.. Suite 270 City.__ Naµles State Florida Zip 34104 Agent's Telephone # (239) 649-1509_,.. Fax # _. (239} 649-7056 Agent's E-Mail Address: rimfâ¡Ç.onsult-rwa.com COLLIER COUNTY COMMUNITY DEVELOPMENT DEPART1\'lENT OF ZONING A1~D LA1""D DEVELOPlVIEN'T REVIEW 2800 N. HORSESHOE DRIVE-Ni\.PLES, FL 34104 PHONE (941) 403-24001FAX (941) 643-6968 APPLICATION F9RPJ.rnuc HF.A.1UNGFOR STAN])~D REZONE - 4il4l():3 Agenda Item No. 178 October 12, 2004 * Page 23 of 39 Be aware that CoUier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. Complete the f()l1owing for all Association(s) affiliated \vitb this petition. (Pro....ide additional sheets if necessary) Name of Homeowner Association: -_.~..,--- Mailing Address __._..._.__..~.__.____. City _.__.___. State ___ Zip__ Name ofllomeowncr Association: ,,---.,~--~~-,~.- Mailing Address _.. ---~-...,--~~- Cìty __..,.... State _.,_ Zip ___._ Name of Homeowllcr Association: '---".'--~-~~'~~""-~-^"""""'-"^---~--'~"~'~' ._---..,...._- Mailing Address _. ___...,..______..______,City .__._.._._ State _... Zip...__._... Name of Master Association: ........-.-~...~'---__.~_~~·_·,·..,.·,,,.·_,~~._..___·_w_~_~____.__,_.~....._.~"~_·,,_""'~_~,,_~_."'"'...<h..._ Mailing Address -",._~,-^ City State __ Zip Name of Civic Association: ,~~....~-....-~--- Mailing Address _.....H____~____,__,___,_,__.....__,,,.~.__ City _ . State _ Zip 2 . Disclosure of Interest Information: a. If the property is oWl1ed fee simple by an INDNIDU~ tenancy by the entirety, tenancy in common, or joint tenancy, ]ist aU parties with an ownership interest as well as the percentage of such interest. (Use additionaJ sheets ¡fnecessary). Name and Address N/A PercenugeofOwn~llip ,------~- --- 00-_-'-.-- _A·w^_____".".......~__._·~_~___ H_.__ __H__.___ APPLICATION F'OR PUBLIC HEARI"IG FOR S'L>\;"'iDARÐ REZONE - 4ì)4f(13 Agenda Item No. 17B October 12, 2004 Page 24 of 39 b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address, and Office Commerce Centê1! of Nanles LtC 40ol..ll.mlªJ.ni Trai1.North, Suite 350 NavIes, Florida 34103-3555 Percentage of Stock --'"----_._.._..~.,-_.~~._.''''''._. --- Managing Member: IÇL Realty Inc. 4001 Tamiami Trail North, Suite 350 Naples,.\.J:lorida 34103-3555 Thomas C. L1.1!1<h'yjce ;president --,.--- --" -""....,~.,.--«---.__.,_......* ___100% _..____..__..__ 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 N/A Percentage of Interest _....,.-.....-'~,...._-~-_...- -"",--...-"'''' .....~................-,,,..,,.....,.........----.. ...._-~-- -~,..-_.._. _...._~_._._..-_..'"'--_. _.....-........--~- ------ d. If tbe property is in the name of a GEl'I"ERAL or LIMITED P .t\RTh'ERSHIP, list the name of the general andíor limited partners. NàII'IC a.nd Address PercCIltage of Ownership --<""--- ""~"-""" .......-...- c. If there is a CONTRACT FOR P,(JRCHASE, 'With an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address N/A Percentage of Ownership .,---.-----.- ------_.~~'-~- ----...----.....- N___'~__"~ --- Date of Contract: APl'L1ÇATION FOR PUBLIC IiEARL"iGFOR STAt'lOOARDRK:t.0NE - 41141f!3 Agenda Item No. 178 October 12, 2004 Page 25 of 39 f If any contingency clause or contract tenus involve additional parties, lìst all individuals or officers, if a corporation, partnership, or trust. N arne and Address _·~··-··__".__~~~hN.___<~____~~ ----------~.-.---.M_·_·___~'"_...«_~~_~___..._.........__m__.....~._~,__~__ --- g. Date subject property, acquired lZJ Occob.ÇLJ 1. 20Q..L; leased 0 .___Term of lease ----"yTs./mos. If, Petitioner has option to buy, indicate date of option: tenninates: _______, or anticipated closing date and date option h. Should any changes of ownership or changes in contrdCts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf" to submit a supplemental disclosure of interest fonn. 3. Detailed le2al description of the property covered bv the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) ifrequired 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: Township: 50 South Range: 25 East Lot: Block: --,-^~ 'O'''M'''M'~'-W~_'' ~n'''N"k Subdivision:_ Plat Book__ Page #: Property I.D.#: Folio #00384600003 Metes & Bounds Description: ,E,:1RCEL 1: d.P-Aß.C.gL OF LAi."'D L YLNG Al\¡l) BEING A PART OF THE NORTHWEST Yo OF THE NORTIDVEST 'f~ OF THE NORTH\VEST \(~ OF Sr:.C:IIQ~ 1. Tmv"NSIDP 50 SOtJTH. RANGE 25 EAST. COLLIER COlJto;'TY. FLORIDA. BEING l\JQßE P ARTlCUL'\RL Y DESCRIBED AS J~OLLOWS: C01vL\1ENCING AT TH.R NQß.l.J·IW"'EST CORJ'.¡"ER OF SECTION 1. TO\\'NSHIP 50 SOUTH. RANGE 25 EAST. COLLIER COJili'T\:. FLORIDA; n-œ1-l.çJ..LN 89~ 09'16".E. j\LONG TIlE NORTH LINt OF SMD SECTION 1. A DISTANCE OF IOO.OO FEET: THENCE S 00" 45' 18" E...4. DISTANCE OF 50.00 EE..¡::J' TO THE NTERSECTION OF TIn;; sQCr:ŒIRlGHT OF WAY LINE OF R~JO ROAD AND THE EAST RIGI-IT Qf Wf~Y_1INE OF A.1RPORT ROAD: TI:I.£1iCE CONì'11'l1JE S 00" 45' 18" E. Al,.-ONG THE EAST RIGHT OF WA.ï..11JiE..QL-:VRPORT R.QA,D. ~m~L~'-iç.~ OF 195.00 FEET TO A¡>fLICATlON FOR PI/Due HEARING FOR STA.'<DARD REZONE - 4fJ4!03 Agenda Item No. 178 October 12, 2004 ~NT OF BEQIN1'i1NQQF nœ.: HEREIN DESÇ..BJ1j..fÞ PARCEL THENC.&..WJ'!TL"\1.Hà£jáJClf3 of 39 45' 18" E. ALONG SAID EAS'[RIGHT OF WA'(j"Ir.."E A DlSTbh::tÇ.f. OF 415.22 FEET IQ Tfl&;, ;;OlJTH LINE OF THE N9RTJI\¡y,¡;.s.J ¡;iQF THE NORT:rfWEST \f~ OE.JRE NORTHWEST Yo OF SAID SECTION 1: THENCE N 89" 00' 09" E. AlþN"G SAID smtIH LINE A.DfSTANCE OF 't~~.:.75 F.&Jã;.~NCE N..OO" .5l~~ 06" W. A DlS,TAi,!ÇJ;.,QF.:f.74.10 FEET; THENCE S 89" 09' 16" w. A D1STb-;'\íCE OF 42646 FEET TO THE POINT Qf BEGlli"N!NO-, J:t\RCEL 2: ALL OF 11iAl.P..AßI..QESECIION L Tº~.§.h1P 50 SQ1L1J:L...RAh':ß^!E 25 EAST. COLl.l]R COU:N"'TY, Fl.9ßIPA. BglNG MORE PARTICt1.~A..RLY DESÇRIBED AS FOLLOWS~ ÇO~j)'Y1E.:NClNG AT THE NORTHWEST CORl.'\íER OF SAID SECTIQ.tr 1; THENCE ALONG THE NQRTH LINE OF SAID SJ;3~~TION I. AND TRE..ÇENTERUNE OF.,JC'-\DIO ROf:W.".~ 89" 09' 16" E. JQ.O.QQ FEET: THEN('.];...lEA:Y1NG SAID NOE"Jl!JJ]::!h';; 00" 4.Ll!~::.f 50.00 FEET TO THE SOUIH RIGHT OF W A..YJ.-INE OF RADIO RQðJ2: THENCE ALOt!.Q SAID RIGHT OF WAY LINE, N...89° 09' J6"~,. 150cQ.º...r~;fI.:rO.JJ1J;c.r.QI;:;:r.Qf.f2fA;¡lli~INO OF T!;f..;f Pi\.BQ2L HSß..'fJl' DESCRIBED: THENCE (~ONTíN"UE ALONG 56]!) RIGHT OF WA XJ.JNE, N 89" 09'l§:' E. 273.44 fEElJ:HENCE LEð..Y.h':1.Çì SAID RIClkIT Ot.~b.,.Y.L..lliÞ..JLOO" 58'.Q.Q.:'.JiJ.95.00 FEET. TH~NCE S 89" 09' 16" W. ,22,4.J7 FEET: TI-IENQi.t:LOO" 45' 18" W. 19$.Q.Q,FEET TO THE; SQ..!:.Cftf RIGHT OF WAY LrN"E OF Ri~DJO ROAD. ANlDJm..£.Q1NIQF BESJIJ:o{NTliG OF THE PM..cfJ..,J:I!;;R.f..IN DEl&ßU3J;;.R. EASEMENT PARC.fJ,J.~ N.QN..EXCLUSIVE EA;;E.~NT F:OR n.rE J21~ji~1:.lT OF P ARCEI.S 1 AND 2 AS CREATED BY EASEì'0..E~ Al'.1) OPERAWG_1\GREEMEJ\;'T REç.QJ3.J2.fnJ..tLQfI'JÇL~ÇORDS BOOK 1344" PAGE 1 UiZ... FOR INGRESS ANl;?J;;ÇlRES~ OVER TJIE ~A VED ROADW AY,,'5.·~~D DRIVEWAYS EQILPEDESTRIANS, V~H1CULAR P,>\SSAGE Al'm PARKING O:Y'ER..,Ai:':!º.ðS,;RO~ TIiE fQ!,J£)WING QES¡ÇRJBEJ2..fRQPER TY: ALL OF TH.t\. T PART OF SE~1.1...Ql:1.J",J'.Q~1'1SHIP 50 SQ!XIJi....RAþ1'_GI:- 2) EAST, CQLLIER CO\JN1'.Y......FLORIDA. BEING iV1;.ORE PARTICUL.-\&I,Y DESCRIBED AS FQI"LOWS: CQMMBN.ÇING AT THENQRl]J}V:g~T CORl'iEP-,-QE..$}.ID SECTION L TOVt"N$HlP 50 SOUTH. RANGE 25 EAS.L...ÇOLUER COlJNTY,£L.Ç)RIDA; THENC1iALQNG THE NORTli LiNE OF SAID .~E:hJ].PN I, AN!) THE ÇE:tffl.~..F..LrN!i9F RADIO ROðL?· N 89Ø 09' 16"JLLºº.:..Q.Q FEET: THENCE LEA VING SAID NQltTH Llli'E. S 00· 45' 18" .J! SO.OD FEET TO 1J-ŒLSOCTH RIGHT Qf WAY LINE BEGINNIN(U2f'::L13;,E PARçEL..n,t;;~çRmgDHEREr¡\i·: TIlgl'!CIiALONG SAID RI!~HT OF WAY LÆ~ N 89" 09' 16" E 150.ºº.:fEET: THENCE LF",,~YING SAID SOUTH RIGHT OF WAY UN1;. S 00" 4.~'.J.-,~:E 195.00 FEET.;..T.!:lß.NCE:..t<; 89" Q.'r...!§:...5Y_L50.00FE~T TO THEJ?&1 RIGHT OF W.±.'\.XlJ.~ 9F AIRPORI_'ROAD: THENCE ALQNG SAID EAST RIQJlT üt. WAY LINE N 00".45' 18" W 195.00 FEETJ.::rUJiI.;J)OINT OF n.t:S:.!.INt:iJJs:.(19F TH.EP~~Ç]J~J:IF~IN DESCRIBF.<..~.EAR1NGS ARE J2.±>\SED ON THE CENTERIJNJ~..QfJ~ADIO ROAD.1lfJ,IWJ N 89" 09' 16" W, SUßJECT TO THE TERlv]S,P ROV1S-IQr-YS.A£tTI CONDITIQ:i:':!~BJI[iI?].I!:IJN SAm 11'i:$IEJ)M.r~NT. 4. Size of propertY: ...Q 15± ft. X 42o± f1. ."'" Total Sq. Ft. ~33A81.6 Acres 5.36 5. Address/ecnera11ocation of sub ieet property: 3400 Radio Road, located at the southeast comer of Radio and AirPort Roads. 6. Adiacent zonin2: and land use: Zoning N C-5 Land use Radio Road ROW··· further north Wachovia Bank y acant Land Improved Industrial S Indu~1:rial E Industrial "'.fUCA-TION FOR PUßUC ß,£A.RJiiQ..EQß STANDAIU) RF..1.(}NE... 4/14/03 \V Airnort Commercial Agenda Item No. 178 October 12, 2004 ,¿\irport-Pul1inQ Road RO\V- .Further west Naples ~ of 39 Does the O\'vl1er of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section: __"__,__,_, Township: __.___.... Range: .~~-~...~--_._~ Lot: Block: ·~·_"'^"^ym_·.·'_a_ Subdivision: -'"'--.....-.- Plat Book Page Property I.D.#: Metes & Bounds Description:__ '_¥....__...,_,._._.~~N'.N~_~_._____,._,"""'-..~__ 7 . Rezone Request: This application is requesting a rezone [TOm the I. Industrial and C-5 zoning district (5) to the __C-5__ zoning district(s). Present Use of the Property: Retail/Office/Restaurant ____. Proposed Use (or range of uses) of the property:RetaiJ/Oflice/Restaura.nt Evaluation Criteria: Pursuant to Section 2.7.2.5. of the Collier County Land Development Code, staffs analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shan be based upon considenttion of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. Standard Rezone Considerations fLDC Section 2. Î.2.5.1 1. Ff1:cther the propo5ed change will be COllsÙtent with the goal.<;, objectíves, and policies and future land use map and the elements of the growth management plan. The subject property is regulated by the standards and development guidelines of the Urban Mixed Use District and Urban Residential Subdistrict. This designation guides growth and redevelopment to include both residentiaJ and commercial type uses. As an existing commercial development~ the project is considered consistent with the location criteria forl:Jottfthe Indûšttialmresent ~Ø#;iªg)and Commercial uses (proposed zoning). The request for rezoning is also consistent with the following goals, objectives and policies of the Future Land Use Element of the Gro'\"1h Management Plan. Adeq uatePublicFacilities: Objective 2, Policy 2.1, Policy 2.2, Policy 2.3. API'UCATI0N FOR rCBUC HEARiNG FOR STANDARD REZONE _ 4/14/03 Agenda Item No. 178 October 12, 2004 Tbe sÍte is currently served with all required utilities, none of which ~~rt8áJf 39 deficiency in supply for the area. Both roads which access the property (Airport-Pulling Road and Radio Road) were not included in the 2003 ALÏR's list of deficient roadways. Policy 3.1(1) The site provides for safe and convenient on-site traffic flow and vehide parking. Policy 5.3 The subject property is located within the Urban area that is largely developed. By allowing cUfrent tenants to remain at this location, accomplished through this rezone, there will be less of a need for future development in lower priced outlying areas with the possibility of extending public facilities beyond their current areas of service. 2. The existing land use pattern. The adjacent and surrounding neighborhood includes a mi.'\: of both commercial and industrial uses. The general pattern of these uses provides for commercial fronting on both Airport-Pulling and Radio Roads and generally light industrial on tb.c local streets that flow-off the commercial corridors. Wllile exceptions to this pattern exist, they tend to be older structures that have not been redeveloped in accordance with more resent Land Development Code provisions. The subject development was constructed and is currently utilized consistent with this pattern despite it'i industrial zoning, aet..tngeQt<1;'e~HWiU allow the County to acknowledge and legitimize the historical use of the subject property. These include ~~.~~~l~;~~~~~~~r;~;~~.~~~~~.m~~;¡~~.~\~~.~~~.~·~~~~!~mF~'.·· 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The subject property is located in both the Industrial and C-5 Zoning Districts. All property fronting on Radio Road to an off-street depth of 213' +/- is zoned C-5. The remainder of the property is zoned IndustriaL This application proposes the expansion of the C-5 district, which has been ntilized along significant portions of eastern side of Airport-Pulling Road within the surrounding area. Approval of this application would not create an isolated district, but would create a single zoning district for the snbject property consistent with the corner out parcel and portions of the property fronting on Radio Road. 4. Plhether e:'(istìng district boundaries are illogically drawn in relation to existing conditions on the property for the proposed change. ~]>ruc" nON FOR PUBLIC HEARING FOR ST k"¡DARD RµONE - 4114163 Agenda Item No. 178 October 12, 2004 The zoning district boundaries are mogically drawn for two reasons. Thl?~~~sOf 39 tbat aU portions of the usbject parcel fronting on Radio Road is zoned C-5. This portion extends 213' +1- to the south and includes an area that reaches from the subject property's eastern border, west to the Airport-Pulling Road right-of- way. His also includes the corner out parcel. The rezoning of a portion of this property from Industrial to C-5 would create a more logical. boundary. The second issue is that while adjacent industrial locations have been identified to the cast and south of the subject property~ it is more common for property fronting on Airport-Pulling Road within the surrounding area to have C-5 zoning. The southern property is vacant, and property to the east is considered a light industrìal type use. The subJect property is included within the Urban Mixed-Use District and Urban Residential Sub-District. A more logical designation for the subject property would be the proposed C-5 designation. Tbis would continue to aHow a reduction in intensity between industrial uses and those commercial uses located on Airport-Pulling and Radio Roads, especially given the design of the site and historic uses. 5, rr'hether changed or changing conditÙ:m.f make the passage of the proposed amendment (rezone) necessary. Tbe subject property was developed under all applicable standards of the Collier County Land Development Code at the time of construction. Tenants witbin tbe development bave been granted occupational licenses to operate from tbis location. In recent discussions with Comer County staff, it was determined that these uses were not consistent with those permitted in the Industrial Zoning District. Removing these tenants, and keeping the lndustri:lI zoning, is not a feasible option because scnral social service organizations using this facility would find it difficult to find locations with affordable rent outside of tbe Industrial Zoning District. To resolve this issue, it was determined tbat tbe best course of action was to rezone the property to C-5, where aU questioned uses would be permitted. 6. Wherher the proposed change will adversely influence living conditions in the neighborhood. This is not applicable in a non-residential zoning district. 7.rf'l1ether the proposed change }1,'ilf create or excessively increase traffic congestion or create types o.f traffic deemed incompatible with surrounding land U$CS, because o.f peak volumes or projected (vpes of vehicular traffic, including activity dun'ng construction phases of the development. or othervdse affect public safety. .Because the subject property is fully developed and utilized permanently for office and social service type uses~ all affects regarding traffic, consistency and public safety are knovt'1l. As a resu.lt, it is possible to state with certainty that the rezoning of tbe subject property will be consistent vtith adjacent uses and will A.P:t>tICAl'lOl'i FOR rUBUC BEARING FOR ST,"\i~iDARD REZONE - 4i14/o3 Agenda Item No. 178 October 12, 2004 not create excessive traffic congestion. Also, as an existing developmtfY!tg~@f 39 will be no traffic or safety issues caused by construction. 8.·Whether the proposed change will create a drainage problem. 'While it can be questioned whether a property's zoning designation can create inadequate drainage, the existing development has been constructed to the standards of the approved site plan. There have also been no reported drainage issues that bave been caused by the existing development. 9. Whether the proposed cho.nge vl'ill seriously reduce light and air to adjacent areas. The existing development has been constructed one story in height. The development provides minimum setbacks of 30.21' from the property line, and consistent with aU applicable sections of the Land Development Code. The development is consistent with neighboring developments in terms of massing and development design. All listed factors contribute to the consistency with adjacent developments and the provision of adequate light and air to adjacent areas. J O. fVhether the proposed change will seriously affect property values in the adjacent area. As previously stated, the subject property is fully dcycloped, and the current application seeks a change in zoning from Industrial to C-5. As the subject property and surrounding land is developed with commercial and industrial uses, it can be reasonably determined that there will be no fluctuations in property values if the application is approved. 11. Whether the propo.>;ed change ·will be a deterrent to the improvement or development of adjacent p"opert), in accordance with e.:'Cisting regulations. The subject property was developed in accordance with aU applicable development standards. It ,,,ill not act a.~ a deterrent to adjacent property owners to develop or redevelop. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. No, the proposed change will not constitute a grant of special privilege to the property owner. The existing uses, although in existence in one form or another for more than ten years, bave recently been deemed not permissible in the Industrial Zoning District. These uses have been considered more commerciAl in nature by Collier County staff. In tbe opinion of Cou.nty staff, the proposed change in zoning will create greater consistency with existing uses. There is also an existing commercial use on adjacent property that extends from the corner out parcel east to the subject property's eastern boundary. This change would allow the property to faU into a single zoning district. The proposal would create ¡\.PPLJCATlON FlR .PUBUC HEAIUNG Ò'OR ST A¡'iJ)ARI) U.zONE - 4114/03 -,..µ.,'"-,.-"'--"-'" "·"._"~m__~''''··-~~ ",~.,---"".",_._..> Agenda Item No. 178 October 12, 2004 a consistent use of the C-5 zoning district for property within the surr6üittlRig>f 39 area fronting on Radio and Airport-Pulling roads. 13. PVhether there are subsumrial reasons '.vhy the proper(v cannot be æed in accordance -v.'ith existing zoning. The present application was tiled after consultation with Collier County Planning staff. In these discussions, it was apparent the use, as well as the design of the site would make it unlikely that the site would be utilized for heavy industrial uses, but rather for office types uses, particularly social services counseling, and professional type offices. These would be consistent with tbe C-5 zoning district because the existing development has been tied to such uses, it would be difficult to market the property as a more intense industrial use. 14. ¡'Vhether the change suggested is out of scale with the needs Qf the neighborhood or the county. The surrounding neighborbood is nearly built-out with the exception of adjacent propert;:.' to the south which remains vacant The Character of the surrounding area is a mix of both commercial and industrial type uses. Tbe existing development on the subject property is consistent with these uses. 15. PVlzether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. It is difficuJt for non-profit, otber public agencies, and social services offering counseling and the like to find ea."iily accessible location ,,'ìth reasonable rent However, the utilization of the subject property for C-5 uses is consistent with the goals, objectives and policies of the GMP and existing uses on adjacent property. 16. The phJ'SÙ:al characteristics of the propert}' and the degree of site alteration which would be required to make the proper~v u:wblefor any of the range o..{potentia!uses under the proposed zoning class{fication. Approval of this application would not require additional site alterations. The subject pro pert)' currently contains 40,000 +/- square feet of buildings with adequate buffers, landscaping, parking and access to support such. As previously stated, tbe current application is not requesting a change to allow for continual new and different uses, but coutinued operation of the site in its present state. APPtlC#'TJONFOR PtrBt.K HEARING FOR STAi"DARD REZONE -4í14/!);3 Agenda Item No. 178 October 12, 2004 Page 32 of 39 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adapted in the Collier County growth management plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. II}. as amended. The subject property is served by all required utilities. All necessary infrastructure is complete and utility easements and dedications have been made. All required impact fees have been paid. Identified providers are operating below maximum capacity. Therefore, adequate publîc facilities exist to serve the existing development. 18. Such other Jàctors, standards, or criteria that the board of county commissioners shall deem important in the protection of the public health, safety, and welfare. Such standards or criteria will be addressed when specifically identified. 9. Deed Restrictions: The Cou.nty is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners 8..'>Sociation 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 petitions on the subiect propern': To your knowledge, has a public hearing been held on tills property within the last year? If so, what was tbe nature of that hearing? No 11. Additional Submittal requirements: In addition to this completed application, the fonowing shall be submitted in order for yoU! application to be deemed sufficìent, unless otherwise waived during the pre-application meeting. a. A copy of the pre-application meeting notes; b. If this rC'Lone is being requested for a specific use, provide fifteen (15) wpies of a 24" x 36" conceptu.al site plan (16 copies if for affordable housing) [and one reduced 81;'2" x 11" copy of site plan}, drawn to a maximum scale of 1 inch equals 400 feet, depicting the fol1o\ving [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 CCPe]; · all existing and proposed structures and the dimensions thereof, · provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), · all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], · required yards, open space and preserve areas, ~PPUCÀTlON FOR PUBUC HEARING FQR STANDARD RE,ZONE - 4114"\13 Agenda Item No. 178 October 12, 2004 · proposed locations for utilities (as well as location of existing utility serv~ô3 of 39 the site), · proposed and/or existing landscaping and buffering as may be required by the County, c. An architectural rendering of a.."'1y proposed structures, d. .-'\n Environmental Impact Statement (EIS), as requued by Section 3.8. of the Land Development Code (LDC) , or a request for waiver if appropriate. e. V/hether or not an EIS is required, two copies of a recent aerial photograph, (taken within thepn~vious twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shaH identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Fonns 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 Sc:ctíon 3.9.5.5.4.). f. Statement oEutility provisions (with all required attacbments and sketches); g. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; h . 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); .i. Any additional requirements as may be applicable to specific conditional uses and identified during the pre-appJication meeting, including but not limited to any required state or federal permits. Section 2.7.2.3.2 (3) of the I,and Development Code requires an applicant to remove their public hearing advertising sign (s) after final action istakeD by the Board of County Commissioners. Based on the Board's rmal action on this item, please remove all public hearing advertising sign (s) immediately APPLICATION FOR. PUBUC H..1C-\RlNG FOR. STA\'iDA.R.D .REZONE - 40'14/63 Agenda Item No. 178 October 12, 2004 Page 34 of 39 STATEMENT OF UTII.ITY PROVISIONS FOR STANDARD REZONE RE UEST 1. NA1'VIE OF APPLICANT: Commerce Center of Naples. LLC 2. M..ill..h~G ADDRESS: 4001 Tamiami Trail North. Suite 350 CITY Naples 5T ATE Florida ZIP 34103 3 . ADDRESS OF SUBJECT PROPERTY (IF A VAILAlU..E): _ 3400 Radio Road 4. LEGAL DESCRIPTION: Section: 01 Township: 50 South _ Range: 25 East Lot: Block: Subdivision:__~.__.~-- Plat Book Page #: Property I.D.#: Folio #003846000Q3 Metes & Bounds Description: PARCEL 1: . A PARCEL OF LAND LYING AND BEING APART OF THE NORTHWEST Yo OF THE NORTHWEST v.. OF THE NORT~,)T Yo Qf~ÇTION 1. TOWNSHIP 50 SOUTH. RAt'l"GE 25 EAST, COLLIER COL1N"TY. MlUDA. BEING MORE PARTIClT.LARL Y D~ÇRIBF.D As. FOLLOWS: COMMENCING AT 11:j]3 NORTHW!;'sJ' CORN.~.ß..ºF SECTION L TOWNSmP 50 SOUTH. Rß~Çr:ß 25 EAST......CQLLIER COtJNTY:, FLORIDA: :rliENCE N: 89" 09' 16" E. ALONG THE NORTH LJNE OF: SAID SEcnON 1. A DISTANCE OF 100.00 FEET; THENCE S ~~.:.Ih..ARISTANCE OF 50.00 FEET 10 THE l1'{ì:!':RSECI10N OF THE SOUTH RlGI:IT OF WAY LINE OEMDIO ROAD AND THE~EAST RIGHT OF WAY l-INE OF AIRPORT RQA'p; THENCE CONTINrœ S 00° 45' 18" E. ALONG THE EAST RIGIf.f OF WAY LINE OF AIRf'ORT ROAD. A DISTANCE OF t95.00FEET IQ THE POINT OF BEGINNING QF. mE HERE~ ~CR.IB.ED P ARCEL,;.I.fIENCE CONTINUE S <XE 45' 18" E. ALONG SA.¡I) EA~1UGFtf OF w _ Y _~ A DISTANCE QF 425.22 FEET TO TIIE saUTE IJ.J':Œ OF THE NOR .-rwEST Yo OF THE NORTHWEST y,. OJ' THE N.QRTHWEST % OF ~ SECTION 1: ~ÇE N .00 00' 02" B. ALONG SAID SOUII!hINB A D!STANÇE OF 425.75 ~~ET; THENCE N 00° 58' 06" W. A DISTANCE Of 424.10 FEET: THENÇE S 89" 09' 16" W, A DISTf,.NCE OF 426.4§ FE~T TO THE POINT OF ª~GINNT!"!G. ~CELfk Au.- OF :_.1' i:T OF ¡::mcnoN 1. TO\V"NSHIP 50 SOUTH. RA.1~GE 25 EAST. COLLIER QQ1.lliIY no A. BEING MORE P ðRTICŒARLY DESC£,IBED AS FOLLQW:S: . å,PPLICATJON FOB. P{)BUC 1tEARI:!'iG FOR STAt"iDARD REZONE - 4114¡1)~ Agenda Item No, 178 October 12, 2004 16"E., 150,00 FE£;;::U:Q]HEYJ.?ffi OF BEG1]\¡"Nl.1'G_Q.LDÆfi'\-'tCEL HERrIN DESCRlBEàge 35 of 39 JJ:IENCE ~~ONTINUI,.l\.LON(i.$.AID RIGHT OF WA)' LINE. N 89" 1,12: 16" £._273.44 FEET: TIiJ1;l'Q; LEAv'ItKLS.~JIUUilt.r[ OF\",~,::\X LINE. S OO':..?8' Q.\f:.t:. 195.00 FEET: THENCI;_§ 89" 09' 16" Ì¡'\¡. 274.17 FEET: THENCE N OOQ 45' 18" W, 19500 FEET TO THE SOUTH R1QlIT OF w.~ Y LINE OF RAD¡G ROAD. ANT) TEf PO[\'T QtJ.~EGJ}.¡¡\"'1ïG-ºLIH:f,.J)A.RCli~ HEREINDESCRlBED, &},SEMENT FA,RCEL 1. NON·Ji..,,(CLU~[YE EASE~I£j'iT FOR TIlE BENEFIT OF PARCELS 1 A.r"iD 2 AS CREATED l3Y EASEMENT A;,ì) OPERAIJNG A(ì~Eyœ:Nï RECORDI;J2.JN OFFIÇLÔ.L RECORDS BOOK 1344, PAGFJ ! 67 J_Q.l3,jj\iQRESS ðo.i::i12 EGB.-ESS QVER 'UTE FA VEp ROADWAYS ..\.;'\¡ì) DRfVE\VA YS FOR PEDESTRIANS. VEHICL'.U.R PASSA.QF,.\.;'iD PARKJ)iCi OVER ð..t!P AÇßQS_S TH,E EŒLOWING.J.?.E§ÇR1ß_FD ..eR.Q,eJ;.ßT',( ALL OF TErA T P.A,KU)E.$hCl]fJJ:~LL.:rOWNSHre.5Q.$QUTH. .R..:1NGB 25 EAST, COLL~E.ß COUNTY, FLORID.'\..J}EING MOßJ~ PARTlctILARl Y DPSCRIBEQ.AS F£lLLOWS: COMMEli.ClliQ A:r.ItrB..c1':iQBT1:IW.B!2:Lçx2R;~:.:fß"QE.2A:m_;;ECTI(lli.l. TOJv"NSHlP 50. SounI. RANGE 25 ~A.$T. COLIJ!~ß CmJNTY. HORID,'),; THEN,ÇE ALONSiJHE ~ºRTH LIN~ OF SAID SECTION 1, AND nŒ.ç,:.r~~Il~RJ",lliB o.F..J3..A!2X(2KQL\l?,-~Ji9":09:J.º" E 100,00 FEET:_IHENCE LEAY.1N.Q,SAID NORTijLL"iE...,':il>9.:' 45' 18"JL-iO,OO FE-tJ TO THB SOUTI·! RIGHT Q;F WAY LINt BEGù):-;NING OF TEfE P ARCF,L..P ESCRlBE.QJIERFJ:è!;.'fHJ::N.CB...ÔIDNG S/\JJ2 RIGHJ.:.QF WAX LINE !i8Q.~_Q2.'.J.º:',.B_LiO,OO FF~Ei:r~IHENCJ~_JJ;:A v11:iG SAID SOUTH RIGHT OF Wi'!>. Y LTh"E. SJ2<t 45' Ur' E 195,00 I~I;..EJ; THE1:l(JißJi9° 09' I Q:' W 15(~-ºº FEET TO THE EA·'sI.lUGH1:..QF W.~Y_LINE ºf:J.~Œ,!)ORT RQf"\)~?';.JIJENCE.AJ.DNG S,¿\JJ2j:~>\ST RIGHT OF \Y~,~ Y LINli NOD" 45' 18" W 195,00 næ:r TO THE J:OINT OFliJ,:QINN1"iG OJ: THE PAR.CEL HEREIN DE,gBJßED.J1.EARJNQ,S-,,--'\RJ;, B!10.tÞ ONTI-I'5.,Ç;litiIlli3J¿I,0E OF RAI)[<2J~.o.ill..lU}J]:::ÌG N 89~ 09' 16" W. SUBJECT TO THE TER:\iIS, PR0\11SIONS ANT) CONDITIONS SET FQRTH iN SAID INS:rRUJ\iŒ,fï.-r., 5. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COIJNTY UTILITY SYSTE1H ø b. em" UTII..}TY SYSTEM 0 c. FRAJ.~CHISED 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 .FRAi~CHISED UTn.IT\' SYSTEM .PROVIDE NAI\-'tE d.PRfVATE SYSTEM (W"ELL) rz¡ o o o 7. TOTAL POPULATION TO BE SERVED: N/A 8. PEAK A.:."ìD AVERAGE DAILY DEMANDS: A. WATER-PEAK 15 GPM AVER-\GE DAILY B. SE"'ER-PEAK 15 GPM AVERAGE DAll..Y 5202GPM 5,202GPM 9 . IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGION.AI. WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTE.D TO BE REQUIRED: :þXISTú,\¡G. APPLICA TJON FORPUßUC HEARING fOR ST ANtM.RD REZONE. - 4/J 4103 Agenda Item No. 17B October 12, 2004 Page 36 of 39 10. Nt\RRATIVE STATEIHENT: Provide a brief and concise narrative statement and schematic drawìng of sewage treatment process to be used as weB as a specific statement regardìng the meL~od of effluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil invoh'cd shall be provided from tests prepared a.~d certified by a profèssional engineer. 1'1. COLLU:R COlINTY UTII.JITY DEDICATION STATEME~1: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement sha11 be provided agreeing to dedicate to Collicr County Utilities the water distribution and sewage coUection facilities within the project area upon completion oftb.e construction of these facilities in accordance with aU applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges (l.'1d connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. 12. STATEl\'lENT OF A VAUJASILIT"l 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 ade~uate capacîty to serve the project shall be provided. utUity provision 5tatetMnt RJM 10/17197 APPLICATION FOR PUBLIC BEARJZ'iG FOR ST ANDARI) RE(;ONE - 4l14fO;¡ þ Agenda Item No. 178 October 12, 2004 Page 37 of 39 STA,VDARD REZOiVE APPLICATION S OBi\lITTAL CHECKLIST THIS COi\IPLETED CfLECKLIST IS 10 .BE SUBMITTED 'WITH APPLICATION PACKET! ¡-..-.- RE~O-i.JiRE fJ.-CO;;'Pleted APp¡~{~n ' I 2. '-¡'~P:' '~f De(~rï(~);;ndîisr ¡ l Partners if~; CorporatioJ , i'--c or;;p i~ted . O\~, n ('~!: \g~';; t Pre-appJication notes/mill -_._-~---"---~~-^..~--'--~,._>-_...- i 5. Conceptual Site Pbns .--.,------ ··--__···_____~._~_..~._.w." 6. :Environmt'ntallmpact St 17:-':(:~'ial P_I~?tügr~~Jl-=-(\'.~~i ¡ 8. Completed {UHt}' Provisi : ,ltt3chments anti sketches ~.__....,.. ..."--..-.--.--.-____ "_~W'~_~" ..__ i 9. Traftï( hnpact Stattnwnt 1,,,,·,- , ...... ..-., ",,-,~"', - "--_.. --. j 10. Histodcal & .'\rchaeologìc [ ~ication l..l~l~_Copies..~f Sta ~e_'~.~,~~?r Fe I 12. Architectural Rcndcrin¡: ..,.._~... --..-_..._ ~__,H_ '~~"'~'n""'~'_' "._. . 13. Application Fe" StJOOiU' Comprehl.'nsi\'!;' Plan Con i Fire Code Reyi(~w Fee .~~ , Check shaH be made paY~lhk i.(_~~lit'~..~·OllJlty Board _o~, C~:m 14. Othfj' Requj¡·cmení.s- .-..._..'_._"_.._---~.._-.. -'.--'-.-.---.--.-- ~''''''-'--''''''--- ly[El'VTS # OF NOT COPIES REQITIRED REQUIRICC <'."..~- I 20* -----_·__·_·_----··_..._._~_.P, den drying OWut'r(s) and aU 2* I ; ! ... ~~-- - . "-'--'--'-'---' I I Afiid<J\Ít, :\ otarized 2* I II tes 20* I I ----.- _.- .'^--~--""'-~..".- I ----. 20* , I ,----"'_..."~-_.,--- --~._--- "'--""'--~ I atement - ŒIS) 4 .·A,·..·. .___,_.__~ _._ ] hahit./t arf~'a,s .ideutified) 5* ~_.~ .,_,..,_ -~. _··__._,·______.____mn~.'"._ OJ!S Sf atl"''?;eu t (,\ 1th required 4 I \ 1 -' .. ,'---- .--..- I nS,1 7 ,~.-".. ,,---... ..~~_. .- "--'-'----'-, 'ai Surv(') or \VOliver 4 -~-----_'_'_._--_.._-".""-",- deral l'ermìts 4 J -~-~.. .._~--~- .·.h_.... --~.- f,f Propos?d Struc!ulc(s) 4 .. .. "'.-..------ ,_...-......-~"""-,,-~ J(I - O';¡~.le!1 cy Rr IC" $750.00 ! !¡rUJO 10: ¡ss¡ollers -'-'--~....-.-,.- _."_..',, ..".- ,- Addition;.)1 !)ntllmPlld n1jnin'" hr J "¡ g-i\'lJ:i f'hrJüing .fú:, k','. As the .\llthorlz:d ;:¡gerlt':¡ppÌ1,:am r ¡]n, ; :!te,',( due ::H of [.h,? mformation indìcated on this checklist is meluded in tbs submittal pacbge t undersland ¡¡la: iiliJur:.: to include an necessary submittal information may result the dcia~, of prt ¡"':!.:~"'~--lng :1]!~; .?ctÙ¡i)fL -< -, '.~T~~itt~ c; <1& ì' ID e f~p..illc·\nON FOR P1ßLK HEARl!".!,; FOR ;i,L2,NlL~RI> ß!:L.ONE- 4ì14¡(}3 Agenda Item No, 178 October 12, 2004 Page 38 of 39 ORDINANCE NO, 04 - AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, OR ITS SUCCESSOR, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED AT 3400 RADIO ROAD IN SECTION I, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, FROM THE C-5 (HEAVY COMMERCIAL) ZONING DISTRICT AND THE "I" (INDUSTRIAL) ZONING DISTRICT TO THE C-5 (HEA VY COMMERCIAL) ZONING DISTRICT FOR COMMERCE CENTER AT NAPLES; PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND BY PROVIDING AN EFFECTIVE DATE, WHEREAS, Robert J, Mulhere, AICP, of RW A, Inc" representing Commerce Center at Naples LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the real property as more particularly described by Exhibit "A", attached hereto and incorporated by reference herein, and located in Section I, Township 50 South, Range 25 East, Collier County, Florida, is changed from the C-5 (Heavy Commercial) Zoning District and the I (Industrial) Zoning District to the C-5 (Heavy Commercial) Zoning District for Commerce Center at Naples and the appropriate zoning atlas map or maps, as described in Ordinance 91-102, the Collier County Land Development Code, or its successor, islare hereby amended accordingly. The herein described real property is the same for which the rezone is hereby approved. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State, Page 1 of2 ---.--.' Agenda Item No. 178 October 12, 2004 Page 39 of 39 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ,2004. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DONNA FIALA, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY Marjorie M. Student Assistant County Attorney RZ-2004 -AR- 5876/FRlsp Page 20f2 Agenda Item No. 17C October 12, 2004 Page 1 of 27 -- Sheet 1 of2 A VPLAT2004-AR6172 EXECUTIVE SUMMARY Recommendation to approve Petition A VPLA T2004-AR6172 to disclaim, renounce and vacate the County's and the Public's interest in the 20 foot wide drainage easement located along the rear of tracts 30 through 32, according to the plat of "Tollgate Commercial Center Phase Three" as recorded in Plat Book 22, Pages 95 through 100, Public Records of Collier County, Florida, located in Section 35, Township 49 South, Range 26 East and in Section 2, Township 50 South, Range 26 East. ./'"" OBJECTIVE: To adopt a Resolution to vacate the 20 foot wide drainage easement located along the rear of tracts 30 through 32, according to the plat of "Tollgate Commercial Center Phase Three." CONSIDERATIONS: Petition AVPLAT2004-AR6172 has been received by the Engineering Services Department trom Greg Jeppesen, P .E., as agent for the petitioner, Tollgate Commercial Center, requesting the vacation of the 20 foot wide drainage easement located along the rear of tracts 30 through 32. The petitioner owns a portion of tracts 27 through 29 and all of tracts 30 through 32. All of the tracts that the petitioner owns will be combined into one development site which will contain three buildings. All of the proposed buildings will be located over the platted 20 foot wide drainage easement located along the rear of tracts 30 through 32. This platted drainage easement needs to be vacated so that these proposed buildings will not be an encroachment into the drainage easement. A relocation drainage easement will not be needed because the proposed development is designed to convey the storm water from the site. Letters of no objection have been received from the following Collier County offices: Transportation and Engineering Services. A letter of no objection has also been received from the Tollgate Commercial Center Property Owners Association. Zoning is PUD. FISCAL IMPACT: Engineering Services Department has collected a $1,000 "Petition to Vacate" fee from the petitioner which covers the County's cost of advertising, recording and processing the Petition. GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact associated with this Executive Summary. ,,-. Agenda Item No. 17C October 12, 2004 Page 2 of 27 Sheet 2 of2 A VPLA T2004-AR6172 ENGINEERING SERVICES ST AFF RECOMMENDATION: Recommendation to: 1. Adopt the Resolution for Petition A VPLA T2004-AR6172 for the vacation of the 20 foot wide drainage easement along the rear of tracts 30 through 32, "Tollgate Commercial Center Phase Three"; and 2. Authorize the execution of the Resolution by the Chairman of the Board of County Commissioners and direct the Clerk to the Board to record a certified copy of the Resolution in the Official Records; and 3. Request the Clerk to the Board to make appropriate marginal notes on the recorded plat. PREPARED BY: Rick Grigg, Land Surveyor, Engineering Services Agencla Item No 17C October 12. 2004 Page 3 of 27 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summery 17C M..tlng o.te Tni!i item requires that all parti<:lpønt50 b~ ßworn in and expal1e d¡sc!o~ure be provided by CDmltl!~8,on membt:'n. Rec;~,mrnel1dl~tir.tn to apþrovc Pttti!ior! AVPLAT2004··AR6172 to disr.18itTl, r~"OLJI1(:~ Imd Vi!lt'ßt~ th~ C(lunty'a end Irle Public's internt in the 20 f¡)Ot wide draínaglL!! eaumf'nt located along the fear 01 tracta 30 through 32, acr.ording to the pllllt of "Tollgate Commercial Cßn~f:tr Pha&€:' Three' ¡¡S recorded in PlAt Book. 22, Pøg~" 95 throuoh 100, Publi¡: Fh~(;t)i'(h: of CClllier County, Florid;'!, tomlts! in Seçti(~1l :1!i, T UWIl!)hl J -49 };oulh, Range 26 Ent and in Seetio!'! 2. Townlihlp 50 South. Range 26 East 10/12/20049:00:00 AM Prepared By Datl& RICk Odgg community Devltloprnf.lnt & Envlronmenhlll SttTvlç"ti' L¡¡,nd SurveYGt 919120004 to:t<J:12 AM E.nglneering ServÎCe" Approved By Thöfl}n E. Kuok, P.e. CUES Eflgintlt!rlng SefVic.:e5 Dlrt!ctor Dlllte comml¡nity QC\vftlopment & Environmental Serv¡ce~ CDES r:.:n~ih(!'( T¡ng Scrvic:6ti 010/20044:16 flM Approved By S;¡nøra Lea Executive Secretary Date Cðmmuni'ty OrrvelQpmtrnt & EnviroMmt:ntlll Sørv!Ctl5 Community Dœvelopmont S Envlronmenf,11 Servicos Admin. 9/161200«.1:46 PM Approved By Joseph ¡.(, Sc:hmitt Comly.unity Di&velopment If. 'f;nvlro!¡ment.1 Sl!:!rvlct&!tI Admintltr.Jtur D.lle Community De~'ftIQpmerrt & Environmental Service. CClj"M1unity Development & t::lIvironmen't1l1 !)elVice" Admin. ¡)/:iI?,/?,004 fd¡3 PM Approved By Pat lehnt.:nd Admln\,,1ruti\l~ AujstBnt D.te c.ounty M.lIHI~t\r'.. O"'Ic~ Otfk~ 1')1 MlllJllgtlmal'lt & F.htdgt:1 Q{2.1/2004 2:32 PM Approved By Milt\< !unekflan I:hld{lt':1:An..!ysl Olrtl! County "-11'1'''',9(11'. Otfir.n Offico of M""" Jltm~"t & B¡¡dont IH27f1.00.4 fLO.a AM ApprDved By Mir:hattl Smykow4ki MÞ"..unmltnt & Budget Director D.¡", County Manøger's OffIce Office ot Managemttnt & Budget 9130/2004 I!:S'i AM Approved By Jame" V. Mudd Board of County CUlI1mifl,!liDner. county M:wuger Date CoUn1)1 Managtllr'ø OIf C:;1f 10/1/20047:0:/ PM Agenda Item No. 17C October 12, 2004 Page 4 of 27 RESOLUTION NO. 2004 - A RESOLUTION OF TIlE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FOR PETITION A VPLA T2004-AR6172 TO DISCLAIM, RENOUNCE AND V ACA TE THE COUNTY'S AND TIlE PUBLIC'S INTEREST IN THE 20 FOOT WIDE DRAINAGE EASEMENT LOCATED ALONG THE REAR OF TRACTS 30 TIlROUGH 32, ACCORDING TO TIlE PLAT OF "TOLLGATE COMMERCIAL CENTER PHASE THREE" AS RECORDED IN PLAT BOOK 22, PAGES 95 THROUGH 100, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST AND IN SECTION 2, TOWNSHIP 50 SOUTH, RANGE 26 EAST. WHEREAS, pursuant to Section 177.101, Florida Statutes, Greg Jeppesen, P.E., as agent for the petitioner, Tollgate Commercial Center, does hereby request the vacation of the 20 foot wide Drainage Easement located along the rear of Tracts 30 through 32, according to the plat of "Tollgate Commercial Center Phase Three" as recorded in Plat Book 22, Pages 95 through 100, PubJic Records ofCollíer County, FJorida; and WHEREAS, the Board has this day held a public hearing to consider vacating the 20 foot wide Drainage Easement located along the rear of Tracts 30 through 32, according to the plat of "Tollgate Commercia] Center Phase Three," as more fully described below, and notice of said public hearing to vacate was given as required by law; and WHEREAS, the granting of the vacation wilJ not adversely affect the ownership or right of convenient access of other property owners. NOW, THEREFORE, BE IT RESOLVED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's easement interests over and across the following 20 foot wide Drainage Easement are hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the PubJic's interest and for the Public's benefit: See Exhibit "A" attached hereto and incorporated herein. Page I of2 Agenda Item No. 17C October 12, 2004 Page 5 of 27 BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County, Florida, and to make proper notation of this vacation on the recorded plat as referenced above. This Resolution is adopted this day of ,2004, after motion, second and majority vote favoring same. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Donna Fiala, Chairman Deputy Clerk Approved as to form and legal sufficiency: Jennifer A. Belpedio, Assistant County Attorney Page 2 of2 .___________·0___ ----_..,_._."~_..--- -"-" I I I I I I I I I .~._._._._._._._.~_._.- - I æ:." I I I I I I :nrAC.T "þ. ~~~ ·t· , III' ID' 11' 100' ICM£ ,. . ., TRACT 2'1 I.ES$ 11£ II£ST 100' .-.-.-.-.-.-.-.-. ~ ~ TRACT 28 LESS 11£ IIE3T rOO' .. ¡ z .-.---.-.-.-.-.-. TRACT 29 I.£S$ 11£ IlØr roo' NEW LOT UN£ PI.A nED LOT UN£ H ."110'"£ _. ~., ØI ....-...-. m .. r.Al!lfB me ..ø, . f'ECT" nMCT:r .. :II _ 2 IF 1IZ.l.4oI1'E _ œrnÐIt. -. JHII'[, ¡II ~ ~ 1f1 me "LAT 1HEIIEIF. .ur::øua 111 "LAT ..... M" IWJU tIS' ~ IØI IF me 1'UIUI: __ IF œt.LJÐf _1. n..aotlM .l!/.fOIfS; ~ .J ICNtlNI1$ _ _ Nf£ JIUØ ON me _TN LINC IF TIE _HIICn 9 «M1Ðr ON-V4) ". s:trT1ØI ... JIMIISH P __ mIm __ I!i5 tAn A$__ Agenda Item No, 17C October 12,2004 Page 6 of 21 SlŒTCB 0Ii' ItASII:MII:NT H 8n7'IIo" E IIM.U EXHmIT "AU SHEET J OF 1 A VPLA T2004-AR6172 TRACT 3Z - - -- - __I - - - - ... .....'1 TRACT 31 .... I I 'r'-'-'-'-'-'-'-'-'-'-'-' I I I Ð/I$T/N(J 111' /~ l' '" B£ VAC4ÆZ1 TRACT 30 .., ~I ~ II . I ~ I ~ .- I . - - - - __v c:& ~ OUÞ ~ MU/¥ ........ .-' ~ PoI"'OT_IF~ _Of,_ m. ~ Be.r&llr&a .II=-- jØt'CofInO¡ d: ~ :1'"* ~';~-:(J"/;'..d::::K~ ., t..... K.. JtII '6011 K.,..."""'" #101 (II') 1111 - ,I,.. -------....-.-... .:20..o.M¡PI.nntnlJ 5ervlcea 'ti'~' ':;"""::;f:r~~';r,"i~t1i~!!~7rì.~~£ 8 page! °l{Á 1 (i) AUachmeat"B" PETmON FORM FOR VACATION OF PLATS OR PORTIONS OF PLATS OF SUBDIVIDED LAND PVÞLA-""- 2:004 - ::l·V CP/7Z- Date ReeeJved: :::fUMF I'1J ?..ð?4- ' Petttloa ih Pet1ttoaer:...1.£11 C::>c,k, CoI'"'1(11el"'(. '~ Ce...4t:........) C.\ c,entrw I pl4l"""t"'€-rJk:p Address: S"Cc\..fr Strtitnd a J~ 'J Jv.k '1 Telephoa.: S"9.:J- JIJ3 CJtylState: Nt1fIU¡ FL 3 '-III (J ZIp Code: :r Ý#t:> Aaeat: Gre.~ :r€rpeJtY\ 1 r~ ~. ) T'.erpe,S.t,,'ì E,,",~ ì f\,t.b1^Y c,I"P . Address: 5\071- j+....t\...d L.+.)JV¡'-k.. 2. Telephone: ..J'1b-Ubb CitylState: N tÄ pie ~ '( F L- :5 Lf It l) Zip CCHle: '3 <';11 () Address of Subject P'lf,erty: >C¡¿~ 7ó//htJVJe,- Dr: .l1,r-- f>n. A iJer s:: ~ Tb l"",«- n,~'''J LocadoJl: Sectloa 1::r Township '"2.1é Subdivision: c,..,~ PhA.U- :J írïlC.*S :JO, 1 Lepl Description: ..¡,ø 37- Block - Vait - Plat Book 2. 2.. Paae(s) 'fr-I 0(> Reasea for Reqaest: Pr~Sl...L. dt\l'(,\()~+ ribe.l: h~t- ~ ¡ +YI¡\1\d .s~vp:t¡lr,,'1""~+--~+åG'" Current Zoailll:_P I.Á D Do.. aids aII'm deasky? no JheMy~4...r"'1ds petItIoa; Si';.ture of Petitioner /' Tollgate Cœr.ercial Center, a Florida general partnership By: Toll Gate Joint Venture, a Fl. general partnership, as General Partner By: Tolgate, Inc., a Fl.corporatiOl1, as General Partner hy: Robert S. Hardy, 8S President Please see "Polley aad proeeclure for the Vacation aad ÃDnalmeat ofPlat1 01' P.rtIoBs of Plats of Sabdlvided Land" for the list of supportive materials whicb mast accompaay tbls pettdcm, alld deliver Of maU to: Ves DNo r:,/r' 1<11- Dlte c ::r (TIde) ....... ..c cr ..-:0 .-.: ~ "- c:: c::::; ~ CommulÙty Developmeat " Eaviroameatai Semees DI'rialoa PlaIUlÎDC Sel'vlces Departmea. %800 Norda HOfsestaoe Dr. N.ples, l10rida 34184 (1) Jr .;pllent Is a laad trust,ladlcate the name ofbenef"ld.rin. (Z) U applieut is a corporation otber tbaa a public corpora'loa, indJeate the alme of otlkers nd major stockholders. (3) If .pplica.t III partnership, limited plrtalrshlp or other bull.... eatity, hldleat. the aa.. of princlpa'" (4) Ust aD otber owners. Anacbmcnc "8" Page 4 0(4 , """,--.---.~..,. Agenda Item No. 17C October 12. 2004 Page 8 of 27 Tollgate Commercial Center, a Florida General Partnership Pat Papineau Estate 50% Tollgate Joint Venture 50% Tollgate Joínt Venture, a Florida General Partnership Alex Rubín Estate 50% Naples Road Building Corp. 50% Naples Road Building Corp., a Florida corporation Robert S. Hardy .·.:.·..-<0.; Agenda Item No. 17C October 12, 2004 Page 9 of 27 Official Receipt - Collier County Board of County Commissioners CDPR11O'3 - Official Receipt LInms Number '491637 }Date L.§129/2O'O'4 2: 11 :46 PM Post Date 6/29/2004 _.._\ ~~y~~~~ Slip Nb:~=' -'---"'-1 Appl Name: JEPPESEN ENGINEERING Appl Stage/Status: REVIEW STAGE NO. 1/PENDING Address: GREG JEPPESEN, PE 5672 STRAND CT SUITE 2 NAPLES FL 34110' Proj Name: TOLL GATE COMMERCIAL CENTER Type: T AZ: 124 Subdiv Nbr: 1777 Project Nbr: 19990'193 Payor: PRISTINE Fee Information GL Account 13113632632910'0'0'000'0' Total Amount Waived 1000.0'0' . ...-- ...._,"..._$.1ººº..:º-º.: Payments Amount ¡ $tO'O'O,oo $('tOO' I $1000.00' $10'0'0'.00.1 Total Cash Total Non-Cash T \. r"PanEmt-Code --.- AccountlCtïeõk"Ñumbër-"- [ç:HI;GK.... .4ZJE................. ......'.,N..N._...___.._~_·__···_-- Total Paid Memo: Cashier/location: GARRETT _S / 1 User: WILLOUGHBY_C Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:6/29/20O'4 2:12:0'9 PM ,.<, I'! ,J: TITLE FUllUM INC f' ,+ 01 ~...... ....11....111 tae tC1I ·pantw" IIICI __.atM- 1"1'" .U tU þtrti.. to till. ~ end tha heIr., &fat ~.uWII 41114 ..ip,s cat taa. 1nd.t "t..l., .nCl UI. wccuear. ... ~ ., OII:~ftiGIIII, , ..n"~.II1 ......c: tile p'...t;w, fCIIP: aa4 in -......U... .f . valUW. -u.rat1011, reaot.¡tt --NOt' 1a~...., ~. .....by vranta. -...,...... ..11_, &11__. rea.t_, r.I....... ....,.... eIIIt co.,t1l:u _0 tho 91;"'.. all thot Daùlft .... .¡tuJattl I" ~lUn CII\Int)', I'tOI'U., "'1.. - l: O. 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" t L _,__....,.....--.1 .....--.- ,. .~ . .. .1,. .'J . . ..~ '.j' .... . ....'~ 16592581 ~-': ; ·::t~;·;~I~,~'J:<~, .!; _. ," ..",,"~c~~~g:- ......,.'...'.:/.',:~:,'~~. )'~':.:~ " .'- '·')\i\~ø;:..··;:·,::'~.~:~>:1;'!r;"; ". 'I.. ", .,~.,.,-.,,~:, . ..: _ ," -" .¡'-- " .... ~. ~ .. ...' "., ..... ... ., ......... .·_I~ , 11:1.... ........_ "Il r'-... ... .... 1'''"11'' iIì ..... ... II. .... ..,....... ...... ., CoUW' -"'-i ....... ... . I'nate I, I, J, 4 ... . K Þ1." t l I:UI.&1.............. .....ÛIj to 1M __ NG"'" 1ft Nd .... ~, .... as, ~.. ...... ., CD1lt_~. n...,... o '" I .... ... i c:II - N - - - .' "~ ~~.~ _.Id . ...r. ~". I/~ L ~ CF.C Agenda Item No. 17C October 12,2004 Page 13 of 27 WWW.Col((crUl.\'.com Collier County Tax Collector (239) 774-8172 FAX (239) 793-4411 CERTIFICATE OF NO TAX DUE TO: Dwight E. Brock Clerk of the Circuit Court And Bill Godette Jeppesen Engineering Corp 596-2866 or 572-2664 0: 1011 Gate Commercial Center ID# 76885100984 Desc: That portion of Phase 3 tr 30 THIS IS TO CERTIFY THAT, in accordance with the provisions of Chapter 197. 192, Florida Statutes, all ad valorem taxes due and payable on the above described real property have been paid in fun, as required by law as a prerequisite to filing or recording any drawing or plat of such land, in the public records of Collier County. This issuance of this Certiticate, however, shall not preclude the assessment and collection of ad valorem taxes subsequently determined to be due this county and state. GIVEN UNDER MY HAND AND SEAL TillS 10th DAY OF June 2004. Guy L. Carlton Collier County Tax Collector BY~~.. SEAL /' ,./" ¥'" " Courthouse Complex. 330] East Tamiami Trail, Building C-l, Naples, Florida 34112 _._-_._--<.~.<-- ilK? L t?~ CF.C Agenda Item No. 17C October 12, 2004 Page 14 of 27 w.ww. co/liertax.com Collier County Ih'( Collector (239) 774-8172 FAX (239) 793-44lJ CERTIFICATE OF NO TAX DUE TO: Dwight E. Brock Clerk of the Circuit Court And Bill Godette Jeppesen Engineering Corp 596-2866 or 572-2664 RE: Toll Gate Commercial Center ID# 76885101006 Desc: That portion of Phase 3 tr 31 THIS IS TO CERTIFY THAT, in accordance with the provisions of Chapter 197.192, Florida Statutes, all ad valorem taxes due and payable on the above described real property have been paid in full, as required by law as a prerequisite to filing or recording any drawing or plat of such land, in the public records of Collier County. This issuance of this Certificate, however, shall not preclude the assessment and collection of ad valorem taxes subsequently determined to be due this county and state. GIVEN UNDER MY HAND AND SEAL TIllS 1 Oth DAY OF June 2004. Guy L. Carlton Collier County Tax Collector By~h SEAL Courthouse Complex. 3301 East Tamiami Trail, Building C-1, Naples, Florida 34112 tiN?..e. t?~ eRG Agenda Item No. 17C October 12, 2004 Page 15 of 27 www.çQJtierta:x.com Collier County Tax Collector (239) 774-8172 FAX (239) 793-4411 CERTIFICATE OF NO TAX DUE TO: Dwight E. Brock Clerk of the Circuit Court And Bi1l Godette Jeppesen Engineering Corp 596-2866 or 572-2664 RE: Toll Gate Commercial Center ID# 76885101022 Desc: That portion of Phase 3 tr 32 THIS IS TO CERTIFY THAT, in accordance with the provisions of Chapter 197.192, Florida Statutes, all ad valorem taxes due and payable on the above described real property have been paid in fun, as required by law as a prerequisite to filing or recording any drawing or plat of such land, in the public records of Collier County. This issuance of this Certificate, however, shall not preclude the assessment and collection of ad valorem taxes subsequently determined to be due this county and state. GIVEN UNDER MY HAND AND SEAL TillS 1 Oth DAY OF June 2004. Guy L. Carlton Collier County Tax Collector /1"'- By: L.~ íi / :/ i-'). ';~J'I / C1 (5 SEAL /" Courthouse Complex, 3301 East Tamiami Traìl, Building C-l, Naples. Florida 34112 ~?..~-_._>.~ .,_.___~_'_M""'_'__~ 0ge () en: t- <i~ If) () ~ Ie a::: ,. " ~~ N t- t- ~ 6',9' ~ '[' . 6', ,\CòV? <y . IClO NI1.:f3H <9<" :,1.3 rÞ t-<'" :e () co N <i~ c::: ~" t- ~£'OPG () o ~~ ~ ~ t- (\") .. " 006 t- ..~ ~()~ (\")<i~ c::: t- o r--. N '. Agenda Item No. 17C October 12, 2004 age 16 of 27 ~.iill ~I~b wI!! ~ il 5 ~ ~ III i~ , " II Ii t ~j IIII II .& If 'II1 I! j j , oil ~II d :.! i is 18 ~I; _I 1 !¡ 11::3 ~ ~ ~ ~ ~ ~~ ~ ~~U~ ~~=oo O~~Z U< 0 ~~C'E: f:1~o~ ~~~~ S~~O U~ ~ .+. j ~ ~ '00£ Q) o. .; 0 .- r-- .... - CD ;0 II . .- ~' 1.1) t- }-¡:~ (\") ~ Ü 'ZA 11)11) IÙ «<0 ü~ <' C:::N !r~:y t- ~A..~ 00£ 9ë::ë:: GO'SGl v~ ' 6B~eG -r-- . Ü ¡r M UJo m :Eo òr :Ez F+- 88;:- " UJ~0 \oJ .....¡r 0 « ««..J I 00.. co ... ' c::: ::j -- ~; 0> ~ t- ~ '\~~.' '; £L'90G; 6B'pn.6-9.5^I~a XINNV ~ <9<" ¡1, í.9~O'PU £~ 'LPG - i i 1.1) . r- !t- ce- (\") s. 6 t- ~ ~() .'~ ~ t-o ,_» ~ ~ ~ ~;¡~ ~ ~ ~M II'> t- t- t- ~: t- 9£ë ¡pO ~~ :t- r- . "t'""" 8 ~ () ill ~ (\") ~ - >:.t· .. Details Folio No. 18885100971 Owner Name DOMINION VIDEO SATeLLITe IHC Addres... 3050 HORSESHOE DR N STE 290 CItv NAPLES B statel FL I ZlDI34104 -1910 Legal TOLLGATe COMMERCIAL CENTER PHASE THREE A PORTION OF TR 29 DESC IN OR 3360 PG 1868 Acrø 0.66 I u.p No. 4835 I strap No. I 664600 29 24B35 Range 26 ~ SectIon ~ Township I 35 49 664600 40 TOLLGATE COMMERCIAL CENTER PHASE THREE VACANT INDUSTRIAL 2003 Final Tax Roll Values Latest Sales History Land Value $ 111,375.00 (+) Improved Value $ 0.00 (.) Market Value $111,375.00 H SOH Exemot Value $0.00 (_) Assessed Vatue $111,375.00 H Homestead and other Exempt Value $ 0.00 (-) Taxable Vatue $ 111,375.00 Book· P8ge 33ßØ_.~ 1IØ.6 Amount $ 5,168,400.00 SOH =: ·Save Our Homes" exempt value due !O cap on assessment increases. -- The Information Is Updated Weekly. http://www.collicrappraiser.comlRecordDetail.asp?FolioID=000OO76885100971 6/1/2004 "_..'--"_..~-~ . \J,¡ . Details r;';"'_~"_:~k" ". ," :.', ,':" eHJdàl1l!~<t: ..jI?~~. ,.2.. ,.2. .,,~of; -Ale.····;··· I - Current OwnerShip Property Addreul 3935 TOI.LHOUSE DR Folio "0·176885100955 MIAII Owner Name DOMINION VIDEO SATE LUTE tNC Adchnea 3050 HORSESHOE DR N STE 290 CIbi NAPLES I Staten Fl I ZIp' 34104.7910 legal TOLLGATE COMMERCIAL CENTER PHASE THREE A PORTION OF TR 28 DESC IN OR 3360 PG 1865 Section 35 II Township 49 ~ Range 26 I Acrn 0.52 I Map No. "835 I sv.p No. 664600 28 24835 664600 40 TOLLGATE COMMERCIAl CENTER PHASE THREE VACANT INDUSTRIAl 2003 Final Tax Roll Values Latest Sales History Land Value $ 87,750.00 + 1m roved Value $ 0.00 (-) Market Value $ 87.750.00 . SOH Exempt Value $ 0.00 =) Assessed Value $ 87,750.00 (-) Home$tead and other Exempt Value $ 0.00 ("'I Taxable Value $ 87,750.00 SOH = -Save Our Homes" exempt value due to cap 00 assessment increases. Book· Page 336.t.:..1W Amount $ 5,168,400.00 - The Information is Updated Weekly. http://www.collierappraiser.comlRecordDetai l.asp?F olioID=00000768 85100955 6/112004 _...¥,.~._.._."..--,.." . -h n~'/ . "Details FoRo No.1 18885100938 Mml - Current Ownership Property Add.....~ 3Ø35 TOLLHOUSE DR ' Owner Name DOMINION VIDEO SATElLITE INC Addres... 3050 HORSESHOE DR N STE 290 Cltv NAPLES I StatelFL . ZløU 34104 - 7910 Legal TOLLGATE COMMERCIAL CENTER PHASE THREE A PORTION OF TR 21 DESC IH OR 3380 PG 1861 Section 35 I Township 49 , Range 26 I .Ac:rH 0.49 I Map No. 4B35 1684:::r~~35 I 664600 40 TOLLGATE COMMERCIAL CENTER PHASE THREE VACANT INDUSTRIAL 2003 Final Tax Roll Values Latest Sales History $ 123,113.00 $0.00 $123,113.00 $0.00 $ 123,113.00 $0.00 =) Taxable Value S 123,113.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. 08 , 2003 I Date Book· Page 3360~jIU II Amount I $ 5,181.400.00 - The Information is Updated Weekly. http://www. co Uierappraiser. comIRecordDetai 1. asp ?Fo1io ID=000007 6885 100939 61112004 Agenda Ite N ;m Octob 1 1!I!I!I!tttttttt 1 ! ! ,1; II , Pa '!!5·¡·~"i/øft = I liS II .,,, j ~ . . II I ~ WI I I .n. ¡ ! ~ t oc{ III! ! I w ~ ;;i rill'" O' b 0 - ~ <J) r- . , -30 .. ~!'TLII :r . u ! ' c w CL a ! ~ .." ¥I ~ f I I I,. ! ¡:¡ a: ~IIII H · : ~ M! 'd I; G i ¡ í jI 'II~!¡ !l. II I fl H Ilf i i' 3 'I' I. ,·,,11 ø! I" IU h m Iii Hili , ø' p~ ~. ;.; . q I - ¡ ..ann , . ~ .. of... iii .: j ¡ I I I I i ~ IJi I ~ .II: W .~ '0 ~ f b ~ .... I i I I ¡:¡ z ~ N Ò :;) CL [~~~- ....1 ~r-r--lŒi "--..... ~~c:o' rm , --__________ '.......1 r ·H..--1_-..l1-".. r-~ \.... "''''-J.'' I ~'- \ : I _______________~ ( '\ - - - - ~ L..' " '\~... ~-- --- ....-----..---- ..~ . I.MM ,09) 3N~ XI';;;;;'" ---- ..-------- ;.. .... -- -----------..--.. -. _ .___ or........... ¡:¡ z Ž o N Ò :;) I'- ~ ~ N Ò :;) I'- ~ :.:: ~ ~ UI Z ~ CD ~ .... g ... ~~o -:.~::- ~fI) ,~~ tiit:! o .¡j ~~~~ VJCtJI- ~¡ f I J j...¡-. ; . (!) z ~ ····"N·-~·,--··· o ::> !'- II ~ t5 ·N···..· o ::> !'- I ..j.... CJ Z ~ ..,.."..... b ~ §.. e~o zi::211 ffi ,~as ~bit¡ æ~ .~ ffiølã ii CUI r ..~. ~ OOOS Of~dH 'Ho o.:l!:ZIIoOOlIS'1!I '6ooop'iUlS"~IW"CKÐ\K DEDICATION STATE OF FLORIDA COUNTY OF COLLIER KNOW ALL MEN BY THESE PRESENTS THAT TOLL GATE COMMERCIAL CENTER. A FLORIDA GENERAL PARTNERSHIP, THE OWNER OF THE LANDS DESCR1BED . HEREON HAVE CAUSED THIS PLAT ENTITLED "TOLLGATE COMMERCIAL CENTER PHASE THREE" TO BE MADE AND DO HEREBY DEDICATE. INCLUDING THE EASEMENTS AS DELINEATED THEREON, AND FURTHER DEDICATE THE FOLLOWING; 1. TO TOLLGATE COMMERCIAL CENTER PROPERTY OWNERS ASSOCIATION. INC.. A FLORIDA CORPORATION NOT FOR PROFIT. ALL THE ROAD RIGHT-Of-WAY LYING VITHIN THE LANDS INDICATED HEREON AS TRACTS "A", "B" AND "C". FOR PRIVATE ROADWAY PURPOSES, SUB- JECT TO EASEMENTS HEREINAFTER SET FORTH. SAtD TRACTS "A", "B" AND "0" ARE PRIVATE ROAD RIGHT-Of-WAYS AND COLL~ER CO- eD UNTY HAS NO MAINTENANCE RESPONSIBILITY WITH RESPECT THERETO. 2. TO COLLI ER COUNTY. J;)ßAlNAGE EASEMENTS ([). E.) AS SHOWN ON THE PLAT FOR THE pORPœE OF DRAINAGE WITH NO RESPONSIBILITY FOR MAINTENANCE. 3. TO COLLIER COUNTY WATER MANAGEMENT DEPARTMENT, DRAINAGE EASEMENT MA", AS SHOWN ON THE PLAT FOR DRAINAGE AND MAINTENANCE PURPOSES THEREOF. 4. TO FLORIDA POWER & LIGHT COMPANY, UNITED TELEPHONE COMPANY ~ AND ANY CABLE TELEVISION FRANCHI'SE COMPANY, A NON-EXCLUSIVE' EASEMENT AS NOTED OR INDICATED ON THE PLAT W.E.l FOR THE PURPOSE OF CONSTRUCTION. INSTALLATION AND MAINTENANCE AND OPERATION OF ELECTRIC, TELEPHONE AND CABLE TELEVISION LINES AND FACILITIES. IN EVENT A CABLE TELEVISION COMPANY DAMAGES THE FACILITIES OF ANOTHER PUBLIC UTILITY. IT SHALL BE SOLELY RESPONSIBLE FOR SAID DAMAGES. 5. TO FLORIDA POWER L LIGHT COMPANY. UNITED TELEPHONE COMPANY ANY CABLEVISION PROVIDER OR ANY OTHER UTILITY SERVICE PROVIDER THE SHARED USE OF TRACTS "A~, "B" AND ·C· AS SHOWN ON THE PLAT AS UTILITY EASEMENTS (U.E.) FOR THE PURPOSE OF INSTAL- LATION AND MAINTENANCE Of THEIR RESPECTIVE FACILITIES. PROVIDED ALL USES BY SUCH PROVIDERS SHALL BE SUBJECT TO AND NOT INCONSISTENT WITH USE BY COLLIER COUNTY OR THE COLLIER (0 COUNTY WATER-SEWER DISTRICT AS CC.U.E.J. 6. TO TOLLGATE COMMERCIAL CENTER PROPERTY OWNERS ASSOCIATION, INC. A FLORIDA CORPORATION NOT FOR PROFIT, THE 5' 'LANDSCAPE EASEMENT AND ALL DRAINAGE EASEMENTS INDICATED ON THE PLAT WITH THE RESPONSIBILITY OF MAINTAINING THESE EASEMENTS AND FACILITIES. 7. ALL WATER AND SEWER FACILITIES LOCATED WITHIN TRACTS "AW, "B" AND "C" AND COUNTY UTILITY EASEMENTS (C.U.E.) SHOVN HEREON SHALL BE DEDICATED TO COLLIER COUNTY WATER-SEWER DISTRICT UPON ACCEP- TANCE OF THE IMPRQVEMENTS REQUIRED BY THE PLAT OR APPLICABLE QR- DINANCE. TO COLLIER COUNTY AND THE COLLIER COUNTY WATER-SEWER DISTRICT ALL COUNTY UTILITY EASEMENTS (C.U.E.] AND TRACTS "A", "B", AND "C" FOR THE PURPOSES OF INSTALLATION AND MAINTENANCE OF THEIR FACILITIES. 6. TO TOL~G~TE COMMERCIAL CENTER PROPERTY OWNERS ASSOCIATION, INC.. ^ 'FLORID" CDft~Oft~I,ON NOT FOR PROFIT, TRACT D" BEING A DRAINAGE/ CONSERVATION/PRESERVe: ^"¡¡A_. THE CONSERVATION AREAS ARE HEREBY DECLARED COMMON AREAS. THEY SHA~~ BE THE PERPETUAL RESPONSIBILITY OF THE ASSOCIATION AND IN NO WAY BE ALTERED FROM THEIR NATURAL 5TATE~ EXCEPT FOR EXOTIC SPECIES REMOVAL AS REQUIRED BY COLLIER COUNTY. ACTIVITIES PROHIBITED WITHIN THE CONSERVATION AREAS IN- CLUDE, BUT ARE NOT LIMITED TOI CONSTRUCTION OR PLACING Of BUILDINGS ON OR ABOVE THE GROUND AND THOSE ITEMS AS DÈSCRIBED IN CHAPTER 70~.Oð, FLORIDA STATUTES, AS AMENDED. ~. TO COLLIER COUNTY AND THE GOLDEN GATE FIRE DISTRICT~ AN EASEMENT OVER AND ACROSS TRACTS "A","B" AND "CR. TO PERMIT EMERGENCY AND OTHER SERVICE VEHICLES TO GAIN ACCESS TO ALL AREAS SHOWN ON THIS PLAT. AMPCO INVESTMENTS, INC., A FLORIDA CORPORATION. ......... 't ....v ",r-. .,........ . . .... . .......... ........ Agenda Item No, 17C October 12, 2004 Page 21 of 27 s: ; r;&¡ ~ i: ~ j~r> ~U~ ~~Ñ ~~N ~~~ Sf o u r;&¡ E-4 ~ ~ o E-4 :c .. _..."_.,"-~.- ^,.,.".,,--"-'~ i: ~: e: 2P I TRACT· 27 t I . I II .1 Rft , I I t I I I I ~ N "" ØI TRACT 28 . ~ :a e 'i 8 11&1 CD :~ ~:i l( ' 1\1 I' ,ß IC ~ ... TRACT 29 i WI ...1 ..II ~ ~: e ~: ! : jQI "':1 1\11 ~I I 1 I - N e7"n,' II "E 2_15.!t5.27' œEC. COR. TO 1/4 8£C. COR.] " TRACT "D" DRAINAGE / CONSERVATION / PRESERVE [11.85 At. +1-) Agenda Item No. 17C October 12, 2004 Page 22 of 27 N eg+57'..I-E :.35' :i SM 1: rØ _ ~¡! Vl4t:RT150 ~~:I "'-1- -ðl! TRACT 32 10 1 CI.82 At. +1-) I ! w - ..I ~ - ... ~ N "117' 41 "£ 310.24' , @h , , I . I ID . .... I Co) -< ëi ~ ... t::: ~ I- I I TRACT 3 j C1 .159 AJ;. .1-) N eg"57'41-£ J:SO.13' ~ ióJ .... I -: ! ~ 1)( 1- j: ~ ¡:jl r:' 1&1 - I . :;,!!! !;;::~ . ..." 21\18 TRACT 30 æ.œ AC. +1-) 1/4 SEC. COR. 750.:35' 30' I I@ , I@ I I I I I ~ ., ~ ., , I I I I a:: ~ = i9 (ir¡' ~ = ~ Q:; ~ E-<ZOl :S~OI Ø-tU~ ê) ð ('.,f >< ~ Ø-t ¡:Q o Q:; . u~Ø-t g U ~ ~ ~ o £-c :f 10 ¡s r !!! I ~ : ~ : I =- I ~ , :¡: ~ 8 t: + " Š - ù 8 t: < Z ,!; I~ 10 e I...T - --- N 89+55'02- E 1~lð,67' SOUTH L.lNE OF LANDS DEllCRlBED IN O.R. 1477 PAGE 2+4 c ~..---_..._-_._.. Agenda Item No. 17C October 12, 2004 pañ23 of 27 . ~N~fi~!R~~!RP 567'1 Strand <:Ollrt, Suite 2 Naples, n 3411 0 T 239.596.2866 F 239,591.41 June 28, 2004 Mr. Donald L. Scott Collier County Transportation Planning Dept. 2675 S. Horseshoe Dr., Suite #401 Naples, FL 34104 200~ .,+b-~ :ð-'1.~c)~ T¡ Îi:!);;";: ¡: ;3íitJn ServÍ(;:em Re: Easement Vacation - Tract 30-32, ToUgate Commercial Center Phase Three Request for Letter of No Objection JEC Fi!~ No. 03-014 Dear Don, My client is building three (3) office/warehouse buildings on Tracts 27-32 of Tollgate Commercial Center Phase Three. The project is currently under review by Development Services. There is an existing platted 20' drainage easement located along the entire west side of Tracts 30-32. As you can see from the enclosed Site Plan, the principal structures lie over a 20' drainage easement. The original design of this 20' drainage easement was to convey, via swale, the rear runoff from Tracts 27-32. There are no existing drainage facilities in this easement. The south terminus of this easement is the Beck Blvd, right of way, which drains to the south. The north tenninus is a wetland preserve designed to handle the runoff from Tollgate Commercial Center only. Given these facts, we are requesting a statement of no objection from your office to the vacation of this easement. Please sign below at your earliest convenience. Please call me if you have any questions or concerns. I have nøJj W iIivacaüon. Donald L. Scott, Director, Collier County Transportation Planning Dept. J:\JeppesenEn8inecri",\JEC.PT'Ojoctl\2003\03.014\Corr~\1?aemcn.t VD.C4tion\301~Letter ofM objection rcqUM Don S<:ott.ck"l' Agenda Item No. 17C October 12,2004 pañ24 of 27 i¡:¡»iI¡:)~ ENGINEERING COR!> 5672 Slmna (ourl, Suite '2 Nnpi¡¡s, H 3411(1 T 239.596.2866 f 2JCJ.59 J.41 02 June 1,2004 Mr. Stan Chrzanowski, P,E. Collier County Engineering Review Services 2800 N. Horseshoe Dr. Naples, FL 34104 Re: Easement Vacation - Tract 30-32, Tollgate Commercial Center Phase Three Request for Letter of No Objection JEC File No. 03-014 Dear Stan, My client is building three (3) office/warehouse buildings on Tracts 27-32 of Tollgate Commercial Center Phase Three. The project is currently under review by Development Services. There is an existing platted 20' drainage easement located along the entire west side of Tracts 30-32. As you can see from the enclosed Site Plan, the principal structures lie over a 20' drainage easement. The original design of this 20' drainage easement was to convey, via swale, the rear runoff from Tracts 27-32, There are no existing drainage facilities in this easement and the proposed site has been designed to accommodate Y:z" pre-treatment over the entire site (per SFWMD Permit#11-00433-S). Please sign below at your earliest convenience. Please can me if you have any questions or concerns. Regarq,s;? l') /p /l/ ;', < ,£!reg Jeppesen, P.E. tpresidéíí.t I have)'J) objection..œ,JlîÞ proposed vac~on. tø~..,;- '''''",/ ,J¡,!} I/' "t'" /" .Ij/ '\,/ II ...' j I / ,~. \; / Iil r~'/ .... /' l .., .~i f~~.,Þt.~ feI/léJ Stan Chrzanowski, P. Engineering Review Services -l ];'Jeppeo.nEngincaingIJECProjocu\2003103-014ICÖ......IEaaemenr Vlallion\, (fI4-LetICf ofno objection reques, Slan.doc Agenda Item No. 17C October 12, 2004 Page 25 of 27 TOLLGATE COMMERCIAL CENTER PROPERTY OWNERS ASSOCIATION, INC. 5645 Strand Blvd., Suite 3 Naples, FL 34110 Tel. (941)593-3883 . Fax (941)594-5677 June 4, 2004 Mr. Bill Godette Jeppesen Engineering Corp. 5672 Strand Court, Suite 2 Naples, FL 34110 Re: Easement Vacation - Tract 30-32, Tollgate Commercial Center Phase Three JEC File No. 04-018, SDP AR 5824 Dear Bill: We håve no objection to the vacation of the platted 20' drainage easement located along the west side of Tracts 30-32 per your letter and accompanying site plan dated June 1, 2004 (copy attached), subject to your obtaining approvals of same by Collier county. Yours truly, TOLLGATE COMMERCIAL CENTER PROPERTY OWNERS ASSOCIATION, INC, By: /)I/}f1 w~ Robert S. Hardy, as President / " i .' .--.. '''_...,_....-~._.,-- Agenda Item No. 17C October 12, 2004 Page 26 of 27 RESOLUTION NO. 2004 - A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FOR PETITION A VPLA T2004-AR6172 TO DISCLAIM, RENOUNCE AND V ACA TE THE COUNTY'S AND THE PUBLIC'S INTEREST IN THE 20 FOOT WIDE DRAINAGE EASEMENT LOCATED ALONG THE REAR OF TRACTS 30 THROUGH 32, ACCORDING TO THE PLA T OF "TOLLGATE COMMERCIAL CENTER PHASE THREE" AS RECORDED IN PLAT BOOK 22, PAGES 95 THROUGH 100, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST AND IN SECTION 2, TOWNSHIP 50 SOUTH, RANGE 26 EAST. WHEREAS, pursuant to Section 177.101, Florida Statutes, Greg Jeppesen, P.E., as agent for the petitioner, TolJgate Commercial Center, does hereby request the vacation of the 20 foot wide Drainage Easement located along the rear of Tracts 30 through 32, according to the plat of "TolJgate Commercial Center Phase Three" as recorded in Plat Book 22, Pages 95 through 100, Public Records of Collier County, Florida; and WHEREAS, the Board has this day held a public hearing to consider vacating the 20 foot wide Drainage Easement located along the rear of Tracts 3 0 through 3 2, according to the plat of "Tollgate Commercial Center Phase Three," as more fuIJy described below, and notice of said public hearing to vacate was given as required by law; and WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's easement interests over and across the folJowing 20 foot wide Drainage Easement are hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public's interest and for the Public's benefit: See Exhibit "A" attached hereto and incorporated herein. Page I of2 Agenda Item No. 17C October 12. 2004 Page 27 of 27 BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County, Florida, and to make proper notation of this vacation on the recorded plat as referenced above. This Resolution is adopted this day of ,2004, after motion. second and majority vote favoring same. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Donna Fiala, Chairman Deputy Clerk Approved as to form and legal sufficiency: Jennifer A. Belpedio, Assistant County Attorney Page 2 of2 Agenda Item No. 17D October 12, 2004 Page 1 of 15 ,- EXECUTIVE SUMMARY Recommendation to adopt a resolution approving amendments to the Fiscal Year 2003-04 Adopted Budget. OBJECTIVE: That the Board of County Commissioners adopt the attached resolution and the related amendments which amend the Fiscal Year 2003-04 adopted budget in accordance with Section 129.06, Florida Statutes. CONSIDERATIONS: Section 129.06, Florida Statutes defines how an annual budget, as adopted by the Board, can be amended. Budget amendments that increase the total appropriations of a fund over the adopted annual budget may be approved by resolution of the Board of County Commissioners after an advertised public hearing. Budget amendments requiring such approval include the appropriation of carry forward, interfund transfers, and supplemental revenue. This is a public hearing to amend the budget for Fiscal Year 2003-04, Each of these budget amendments has been reviewed and approved by the Board of County Commissioners via separate Executive Summaries. The attached resolution and the summary of the resolution have been advertised and have been available for public review and inspection with the related budget amendments and executive summary at the Office of Management and Budget. The amendments and summary are included herein by reference in the resolution. FISCAL IMP ACT: The amendments and executive summaries, which were previously considered and approved by the Board, contained their respective fiscal impact statements. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board adopt the attached resolution amending the Fiscal Year 2003-04 adopted budget. Prepared by: Pat Lehnhard, Administrative Assistant, OMB --"".-.'- AgeMa Item No. 17D October 12.2004 Page 2. of 15 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Itam Numb.r Item Summary 170 Maeting Data Recommendation tl) adopt !I rClSolutlon appro",in~ amendmi!nts to Ihe Flscol Year 2003-04 Adopted Budget 10;121200'" 9:00:00 AM Prepared By O.te Pal Ln~nh.rcl Ad,ninllitru'tlve ÄIIII¡iltnnt c.olJn1y Man.ger'ø OffIcii' Office o~ Management 8. Budget Approved By Pat Lehnhard Adl1l'lnh.tr.ttvlt ^\.jatl!llnt Date C:ounty Møn'uttr'M Offic.n Off ctI af MQ,,.,gQ.lnltf1t & E'ludgot 10HlZQ04 12:43 PM Approved By Mk:h81S=1 Smykowski Mnn~J(I",unt & Budgnt OlrlrC'tDf rhle County Mønngør'li" Olflel!' onlc¢ 0' MlIInaglftM"IClnt'" B~ld9t 1l 1011f200~ 2:01 PM Approved By .Irrmes V. Mudd 9D~d or county Comn,istliollen. County M.t.nttgf!r 0". County MólnaQItI'K Offlctt 1011/20046:09 PM '_'__"__'___·"_W'''''''_''''"·'~ COUNTY OF COLLIER NOTICE OF PUBLIC HEARING COLLIER COUNTY, FLORIDA PROPOSES TO AMEND ITS FISCAL YEAR 2003-04 ADOPTED BUDGET Agenda Item No. 170 October 12, 2004 Page 3 of 15 AI1 interested parties are invited to attend a public hearing on this matter to be held on October 12, 2004, at 9:00 a.m. or soon thereafter, in the County Commissioner's Boardroom, 3rd Floor, Col1ier County Government Center, W. Harmon Turner Building, 3301 Tamiami Trail East, Naples, Florida. A copy of the proposed Budget Amendment Resolution and background material will be available for public inspection on weekdays between 8:00 a.m. and 5:00 p.m. at the Office of Management and Budget, 2nd Floor, W. Harmon Turner Building. A final decision on the amendments will be made at this meeting. Listed below are the amendments to be considered and their purpose. Dwight E. Brock, Clerk of Courts Board of County Commissioners Collier County, Florida Donna Fiala, Chairman Budget Amend. Fund No. No. 04-020 306 04-022 III 04-026 173 04-035 121 Fund Title Change Amount Fund Total . Parks Capital Improvement Fund PURPOSE: To appropriate grant funds for the Florida Boating Improvement Program $120,000 $3,214,825 MSTD General Fund PURPOSE: To appropriate carryforward for engineering services. $23,490 $34,443,918 Driver Education Trust Fund PURPOSE: To recognize surcharge being collected on all moving and non- moving traffic violations. $100,000 $100,000 Urban and Improvement Grants PURPOSE: To appropriate carryforward for leasehold improvements at the lmmokalee Airport Manufacturing Facility II. $13,000 $7,772,357 Agenda Item No. 17D October 12,2004 Page 4 of 15 Budget Amend. Fund Change Fund No. No. Fund Title Amount Total 04-046 301 County Wide Capital Project $53,000 $51,004,454 PURPOSE: To appropriate transfer for additions to the GIS system. 04-050 131 Community Development $49,425 $9,007,625 PURPOSE: To appropriate interfund transfer to obtain flood insurance map data. 04-051 313 Gas Tax Construction Fund $135,125 $224,152,451 PURPOSE: To appropriate FOOT fund for construction of the Rural Refuge Shelters. 04-056 313 Gas Tax Construction Fund $4,728,033 $228,880,484 PURPOSE: To appropriate FOOT funds for Phase Two Traffic Control System. 04-066 496 Airport Authority $322,884 $5,257,479 PURPOSE: To appropriate carryforward, Federal Transit Grant, and FOOT funds. 04-075 474 Solid Waste Capital Projects $200,000 $938,700 PURPOSE: To appropriate transfer to reinforce driveways in the Solid Waste Trash Collection Program. 04-101 301 Facilities Management Countywide CIP $28,048 $51,032,502 PURPOSE: To appropriate interfund transfer to upgrade roofing material at East Naples Community Park Community Center. 04-105 114 Pollution Control & Prevention Dept. $66,257 $2,072,338 PURPOSE: To appropriate revenue from Florida Department of Environmental Protection for cleanup restoration. Agenda Item No. 170 October 12, 2004 Page 5 of 15 Budget Amend. Fund Change Fund No. No. Fund Title Amount Total 04- I 17 001 General Fund $153,309 $266.118,348 PURPOSE: To reimburse General Fund for legal fees associated with Florida Water Services Authority Lawsuit. 04- I 20 495 Airport Authority $8,000 $2.304,945 PURPOSE: To appropriate interfund transfer for modification to the powder coating system in the Incubator Support Building. 04-143 215 Sales Tax Refund Bond $7,201,700 $13.675,100 PURPOSE: To appropriate bond proceeds on previously approved issuance of Series 2003 CIP Refunding Revenue Bonds. 04- 149 301 County-wide Capital Improvement $462,232 $51,494,734 PURPOSE: To appropriate carryforward for the design of new Fleet County Barn facility. 04-150 001 General Fund $ I 6,993 $266.135,341 PURPOSE: To recognize return of matching funds in the Airport Grant Fund. 04-153 114 Pollution Control & Prevention Dept. $40,000 $2,112.338 PURPOSE: To appropriate additional revenue from South Florida Water Management District for monitoring. 04-154 441 Goodland Water Sub-District $173,000 $1.193,864 PURPOSE: To appropriate miscellaneous revenue to provide potable water to the Calusa Island Village. 04-177 313 Gas Tax $31,836 $228,912,320 PURPOSE: To appropriate reimburse- ment for Davis and Collier Boulevard Intersection Improvements. Agenda Item No. 17D October 12, 2004 Page 6 of 15 Budget Amend. Fund Change Fund No. No. Fund Title Amount Total 04-181 118 Emergency Management Grants $157,500 $688,939 PURPOSE: To appropriate funds from FEMA Assistance Firefighter's Grant for equipment. 04-193 333 Road District 2 Impact Fee Fund $723,000 $13,175,476 PURPOSE: To appropriate carryforward for purchase of property near corner of Goodlette Road and Golden Gate Parkway. 04-194 299 Commercial Paper Debt Service $325,000 $2,788,800 PURPOSE: To appropriate interfund transfer for interest on commercial paper loan (Fleischman property). 04-196 495 Airport Authority $169,100 $2,474,045 PURPOSE: To appropriate revenue from Jet A fuel sales for purchase of additional fuel. 04- 213 118 Emergency Management Grants $3,157 $692,096 PURPOSE: To appropriate interfund transfer for purchase of firefighting equipment. 04-220 116 Miscellaneous Grants $97,400 $512,678 PURPOSE: To appropriate interfund transfer for miscellaneous grant fund. 04-231 409 Utilities Special Assessment Project Fund $33,937 $112,709 PURPOSE: To appropriate assessment revenue to reimburse funds advanced from the County WaterlSewer District. 04-233 001 General Fund $22,497 $266,157,838 PURPOSE: To appropriate EMS Tower Lease revenues for purchase of a Traffic Preemption device and other miscellaneous expenses. ..---,_._.__.~.,~_..__._. Agenda Item No. 17D October 12, 2004 Page 7 of 15 Budget Amend. Fund Change Fund No. No. Fund Title Amount Total 04- 240 408 Water-Sewer Operating Fund $42,165 $72,560,048 PURPOSE: To appropriate interfund transfer for reimbursement of Price Street capital improvements. 04-283 118 Emergency Management Grants $2,785 $694,881 PURPOSE: To appropriate interfund transfer and grant proceeds for the purchase of Nozzles and Class A Foam. 04-289 118 Emergency Management Grants $3,157 $698,038 PURPOSE: To appropriate Forestry State Grant funds for purchase of fire- fighting equipment. 04-302 114 Pollution Control & Prevention Dept. $481,700 $2,594,038 PURPOSE: To appropriate carryforward for building improvements and transfer to Miscellaneous Grant Fund (I 16). 04-303 116 Pollution Control & Prevention Dept. $10,500 $523,178 PURPOSE: To appropriåte transfer for payment of personal services in grant fund. 04-320 146 Ochopee Fire Control $62,900 $1,468,000 PURPOSE: To appropriate interfund transfer to settle lawsuit with the Ochopee Fire Control Union over wages. 04-329 101 Transportation Services $78,214 $17,832,083 PURPOSE: To appropriate transfer for continued repair and maintenance of traffic operations signal and streetlights. 04-338 390 General Governmental Facilities Impact Fee Fund $3,072,000 $25,315,000 PURPOSE: To appropriate transfer to move impact fee eligible projects into a separate fund. Agenda Item No. 170 October 12, 2004 Page 8 of 15 Budget Amend. Fund Change Fund No. No. Fund Title Amount Total 04-342 306 Parks Capital Improvements $262,500 $3,477,325 PURPOSE: To appropriate FDOT grant for construction of pedestrian bridge across Golden Gate Canal at CR 95 I. 04-345 306 Parks Capital Improvements $717,000 $4,194,325 PURPOSE: To appropriate carryforward to purchase land for the Bayview Park expansion, 04-347 111 MSTD General Fund $10,000 $34,453,918 PURPOSE: To appropriate General Fund transfer to pay for the coordination of activities and promotion associated with Freedom Month. 04-365 301 County-wide Capital Improvements $746,274 $52,241,008 PURPOSE: To appropriate General Fund transfer for construction of North Naples Government Center. 04-366 301 County-wide Capital Improvements $66,382 $52,307,390 PURPOSE: To appropriate carryforward for payment to Johnson's Control. 04-368 112 MSTD General Fund Landscaping $191,859 $6,552,459 PURPOSE: To appropriate interfund transfer to advance FY05 design of landscaping improvements. 04-371 001 General Fund $10,500 $266,168,338 PURPOSE: To appropriate funds from sale of bid documents for additional office space in Building G (Purchasing). 04-372 313 Road Construction Gas Tax CIP $200,000 $229,112,320 PURPOSE: To appropriate revenue received for cost of the Lely Resort Boulevard overlay program. 04-378 441 Goodland Water District $239,136 $1,433,000 ,....,,-~.,--_.."'--"_..._.- Agenda Item No. 17D October 12, 2004 Page 9 of 15 PURPOSE: To appropriate carryforward for pump station improvements. Budget Amend. Fund Change Fund No. No. Fund Title Amount Total 04-380 152 Lely Golf Estates MSTU $7,395 $237,295 PURPOSE: To recognize contribution received for improvements. 04-382 144 Isles of Capri Fire $30,000 $671,200 PURPOSE: To appropriate inspection fee revenues to fund employee time spent conducting new construction inspections. 04-383 373 Isles of Capri Fire $ 1 4,400 $79,795 PURPOSE: To appropriate impact fee revenue for the purchase of thermal imaging equipment. 04-386 101 Transportation Services $101,853 $17,933,936 PURPOSE: To appropriate FOOT reimbursement for repair and maintenance of traffic signals and street lights on State roads. 04-388 301 County-wide Capital Project Fund $12 $52,307,402 PURPOSE: To appropriate funds for storm water projects. 04-389 474 Solid Waste Capital $250,000 $1,188,700 PURPOSE: To appropriate transfer for solid waste engineering design for Landfill Cells 1 & 2. 04-391 414 Sewer Capital Projects $150,000 $36,738,921 PURPOSE: To appropriate funds from Centex Homes for well located within the Immokalee Road Wellfield. 04- 396 131 Development Services $69,330 $9,076,955 PURPOSE: To appropriate transfer from General Fund for Law Enforcement Impact Fee study. Agenda Item No. 170 October 12, 2004 Page10of15 Budget Amend. Fund Change Fund No. No. Fund Title Amount Total 04-398 496 Airport Authority $258,831 $5,516,310 PURPOSE: To appropriate grant revenue and transfer from General Fund for parallel taxiway at Everglades Airpark. 04-400 123 Collier County Services for Seniors $520 $1,384,810 PURPOSE: To appropriate grant funds to provide case management to low income, frail, elderly residents. 04-429 172 Conservation Collier $21,200,100 $32,263,900 PURPOSE: To appropriate loan proceeds for purchase of America's Business Park. 04-438 495 Airport Authority $18,800 $2,492,845 PURPOSE: To appropriate revenue derived from additional fuel sales. 04-443 101 Transportation Administration $5,990,000 $23,923,936 PURPOSE: To appropriate commercial paper loan proceeds to purchase the Arthrex Building. 04-444 299 Commercial Paper Debt $10,000 $2,798,800 PURPOSE: To appropriate transfer from Road & Bridge for commercial paper interest on loan used to purchase the Arthrex Building. 04-446 640 Law Library $54,525 $54,525 PURPOSE: To appropriate residual cash from old Law Library Fund (641), and new court costs supporting the Law Library function. 04-449 299 Commercial Paper Loan Program $100,000 $2,898,800 PURPOSE: To appropriate transfer from Conservation Collier Fund (172) for interest payment on Commercial Paper loan. Agenda Item No. 170 October 12, 2004 Page 11 of15 Budget Amend. Fund Change Fund No. No. Fund Title Amount Total 04-451 310 CD Plus Replacement $2,500,000 $3,652,700 PURPOSE: To appropriate loan proceeds for replacement of CD Plus. 04-455 001 General Fund $103,500 $266,271,836 PURPOSE: To appropriate reimburse- ment of expenses incurred for Building Maintenance Special Services and Security Special Services. 04-466 313 Gas Tax Capital Fund $61,638 $229,173,958 PURPOSE: To appropriate return of funds advanced to the Airport Authority capital fund. 04-470 334 Road Impact Fees $250,000 $949,740 PURPOSE: To appropriate carryforward for refund of impact fees to . City of Naples. 04-484 115 Sheriff Grant Fund $23,457 $916,557 PURPOSE: To appropriate transfer for the Juvenile Court and staffing grant. 04-485 602 Confiscated Trust Fund $18,099 $191,699 PURPOSE: To appropriate confiscated property revenue for the Juvenile Court and staffing grant. 04-487 040 Sheriff $2,500,000 $105,090,400 PURPOSE: To appropriate interfund transfer payment of overtime and salaries due to full staffing in FY04. 04-489 040 Sheriff $35,590 $105,125,990 PURPOSE: To appropriate transfer to pay county impact fees for sprung units at Immokalee Jail Center. Agenda Item No. 17D October 12, 2004 Page 12 of 15 Budget Amend. Fund Change Fund No. No. Fund Title Amount Total 04-492 322 Pelican Bay Irrigation & Landscaping $403,000 $1,049,247 PURPOSE: To appropriate transfer for Hurricane Charley clean-up. 04-527 313 Gas Tax $795,000 $229,968,958 PURPOSE: To appropriate reimbursement of expenses for Phase I of the Advanced Traffic Management System. COUNTY, FLORIDA, that the budget IUIICIIIimenIIi to the FY 2003-04 Budget descn'bed below are approved and hereby adopted and the FY 2003-04 Budget is so amended. INCREASE (DECREASE) CARRY FORWARD INCREASE BUDGET OR INCREASE INCREASE INCREASE (DECREASE) AMENDMENT INTERFUND (DECREASE) (DECREASE) (DECREASE) lNI1!RFUND FUND NUMBERS TRANSFERS RECEIPT EXPENDITIJRE RESERVES TRANSFERS 306 04-020 $120,000 $152.500 ($32,500) 111 04-022 $23.490 $23,490 173 04-026 $100.000 $100.000 121 04-035 $13,000 $13,000 301 04-046 $53,000 $53.000 131 04-050 $49,425 $49,425 313 04-051 $135,125 $135,125 313 04-056 $4,728.033 $4,728,033 496 04-066 ($760,000) $437,116 $305,891 $16,993 474 04-075 $200.000 $200,000 301 04-101 $28,048 $28,048 114 04-105 $66,257 $66,257 001 04-117 $153,309 $153,309 495 04-120 $8,000 $8,000 ,. .' 215 04-143 $841,700 $6,360.000 $7,201,700 301 04-149 $462,232 $462,232 . 1 - 1 2 RESOLUTION NO. 04-BAR- 3 4 A RESOLUTION PURSUANT TO SECTION 129.06(2), FLORIDA STATUTES, 5 TO AMEND THE BUDGET FOR THE 2003-04 FISCAL YEAR. 6 7 WHEREAS, Section 129.06(2), Florida Statutes, provides that the Board of County CommissiODeIII (hereinafter also 8 referred to as "Board") at any time within a fiscal year may amend a budget for that year, and provides the procedurCli 9 therefor; and 10 WHEREAS, the Board of County Commissioners of CoDier County. Florida, has received copies of budget 11 amendments which provide for but are not limited to: anticipated carry forward, unanticipated revenue, and/or receipts of a ] 2 naturc ftom a sour~ not anticipated in the budget and received for a particular purpoae; appropriations for expenditures in 13 particular funds that should be decreased and other appropriations in the same fund that should be cOlTespondingly 14 increased; appropriations from the reserve for contingencies; appropriations ftom the reserve for future construction and 15 improvements; and increased receipts for enterprise or proprietary funds received for a particular purpose; and 16 WHEREAS, the Board has determined that it is appropriate to amend the Budget for Fiscal Year 2003-04 by 17 resolution pursuant to Scction 129.06, Florida Statutes. ]8 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 INCREASE ~. (DECREASE) CARRy 4 FORWARD INCREASE 5 BUDGET OR INCREASE INCREASE INCREASE (DECREASE) 6 AMENDMENT INTERFUND (DECREASE) (DECREASE) (DECREASE) INTERFUND 7 FUND NUMBERS TRANSFERS RECEIPT EXPENDITURE RESERVES TRANSFERS 8 001 04-150 $16,993 $16.993 9 114 04-153 $40.000 $40,000 10 441 04-154 $173.000 $173,000 11 313 04-177 $31.836 $31,836 12 118 04-181 515,750 $141,750 $157,500 13 333 04-193 $723,000 $723,000 14 299 04-194 $325,000 $325,000 15 495 04-196 $169,100 5169,100 16 118 04-213 $3.157 53,157 17 116 04-220 $48,700 $48,700 $97.400 18 409 04-231 $3.528 $30.409 (59,491) $43.428 19 001 04-233 522.497 $22,497 20 408 04-240 $42,165 542,165 21 118 04-283 $1.393 $1,392 $2,785 _ 22 118 04-289 $3,157 $3,157 114 04-302 $481,700 $189.000 $282.200 510,500 24 116 04-303 $10,500 $10.500 25 146 04-320 562.900 562,900 26 101 04-329 $78,214 578,214 27 390 04-338 53,072,000 $3,072,000 28 306 04-342 $262.500 $300.000 (537,500) 29 306 04-345 $717.000 $717.000 30 III 04-347 $10,000 $10,000 31 301 04-365 $746,274 $746,274 32 301 04-366 $66,382 $66,382 33 112 04-368 $191,859 $191.859 34 001 04-371 $10,500 $10,500 35 313 04-372 $200,000 $200.000 36 441 04-378 $239,136 $251,000 ($11,864) 37 152 04.380 $7,395 $7,395 38 144 04-382 530,000 $30,000 39 373 04-383 $14,400 $14,400 40 101 04-386 $101,853 $101,853 \1 301 04-388 512 $12 42 474 04-389 $250,000 $250,000 -2- ."e__-·_···-- 1 2 3 4 5 6 7 Ageþtja Item No. 170 ;(:)b~ob~r 12, 2004 ),', Page ,15 of 15 INCREASE (DECREASE) CARRY FORWARD OR INTERFUND TRANSFERS INCREASE (DBCREASE) EXPENDI11JRE INCREASE INCREASE (DECREASE) (DECREASE) INTBRFUND RESERVES TRANSFERS BUDGET AMENDMENT NUMBERS INCREASE (DECREASE) RECEIPT FUND 8 9 414 04-391 $150,000 $150,000 131 04-396 $69,330 $69,330 496 04-398 $6,471 $252,360 $258,831 123 04-400 $520 5520 172 04-429 $21,200,100 $21,200,100 ($100,000) $100,000 495 04-438 $18,800 $18,800 101 04-443 $5,990,000 $5.982,425 ($2.425) $10,000 299 04-444 $10,000 $10,000 640 04-446 $39,737 $14.788 $36,000 $18,525 299 04-449 $100,000 5100,000 310 04-451 $2,500,000 $2,500,000 001 04-455 $ 103,500 $103,500 313 04-466 $61,638 $61,638 334 04-470 $250,000 $250,000 u\ 115 04-484 $18,099 $5.358 $23,457 '''¡'- -;,: 602 04-485 $18,099 $18,099 040 04-487 $2.500,000 $2,500,000 040 04-489 $35,590 $35,590 322 04492 $403,000 $403,000 313 04-527 $795,000 $795,000 BE IT FURTIlER RESOL YED that the Clerk is hereby ordered and directed to spread this Resolution in full among the minutes of this meeting for permanent record in his office. This Rœo1ution adopted this 12111 day of October 2004, after motion, second and majority vote. A TIEST: BOARD OF COUNTY COMMISSIONERS DWIGlIT E. BROCK., Clerk COLLIER COUNTY. FLORIDA By: By: DEPUTY CLERK DONNA FIALA, CHAIRMAN 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 41 42 43 44 45 46 '.<' ".:.;-' '}r.:~ ,.,.::.... ..;,'.;" "-'1 po. " - 3 - ,,' "." , . Agenda Item No. 17E October 12, 2004 Page 1 of 26 ,'-' EXECUTIVE SUMMARY Petition PE-2004-AR-6093, Dougall McCorkle, of the Lutgert Companies, represented by Wayne Arnold, AICP, of Q. Grady Minor and Associates, requesting a Parking Exemption to allow off-site parking on two lots zoned Residential Multi-Family (RMF -6) to serve proposed general and medical office uses, on a parcel zoned General Commercial (C-4), which is contiguous to the subject properties. Access to the parking lot will be from the commercial parcel or the existing 20-foot wide public alley. The subject property is located at 4817-4819 West Alhambra Circle and 1013-1015 North Alhambra Circle in Section 15, Township 49 South, Range 25 East, Collier County, Florida. OBJECTIVE: ~ To have the Board of County Commissioners (BCe) consider the petitioner's request for a parking exemption to allow off-site parking on two Residential Multi-Family lots to provide part of the required parking for a new office building. This project is consistent and compliant with all the applicable codes and regulations, as limited in the enacting resolution. Approval of this project should ensure that the project is consistent with the applicable codes and regulations in order to maintain this community's interests and further the goals, objectives, and policies of growth management rules of Collier County. CONSIDERATIONS: The subject property is located at 4817-4819 West Alhambra Circle and 1013-1015 North Alhambra Circle, legally described as Lot 29 & 30, Block 1 Naples Twin Lakes, according to plat in Plat Book 4, Pages 35-36, Public record of Collier County, Florida. The commercial property that the exception would serve is the former Witches Brew Restaurant site located at 4836 Tamiami Trail North. The petitioner is seeking a parking exemption to allow him to develop two lots zoned Residential Multi-Family (RMF-6) as an off-site parking lot for an office building proposed for construction. The reason for requesting the parking exemption is to allow the applicant to keep the height of the proposed office building at 54-feet, which they feel is more in scale and therefore more compatible with the surrounding neighborhood. They could develop the site with all required parking located on site, however, this would require them to construct a building that is 75-feet tall (the maximum height allowed by the existing C-4 zoning district). In order to minimize the impacts of the proposed off-site parking lot on the surrounding residential uses, the applicant is proposing to provide a continuous 6-foot tall concrete wall that runs along the east boundary of the property and the Alhambra Circle frontage and the south property line. The wall wi\1 have landscaping along both sides, including palms, shade trees, a hedge and ground cover. The applicant has also agreed to keep lighting levels to the lowest level allowed by code to minimize the impacts of lighting on surrounding properties. ,,-... Page 1 of5 Agenda Item No.- 17E October 12, 2004 Page 2 of 26 FISCAL IMPACT: The approval of this parking exemption by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development, however, if the parking exemption is granted, a portion of the existing land will be developed and the new development will result in an impact on Collier County public facilities. The County collects impact fees prior to the issuance of building penn its to help to offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Levels of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay 50 percent of the estimated Transportation Impact Fees associated with the project. Other fees are collected prior to issuance of a building permit include building permit review fees and utility fees associated with connecting to the County's water and sewer system. Finally, additional revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the value ofthe improvements. Please note that impact fees and taxes collected were not included in the criteria used by Staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT IMP ACT: Approval of this parking exemption will not affect or change the requirements of the Growth Management Plan. ENVIRONMENTAL ISSUES: There are no environmental issues associated with this petition that are to be addressed as part of the parking exemption petition. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC did not review this petition because the EAC is not required to hear parking exemption petitions; the Land Development Code does not mandate that level of review. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard this petition on September 16, 2004. There were no public speakers. There were two letters received from Mr. Brad Estes regarding this request; the first was a letter stating that Mr. Estes was in opposition to the proposal due to concerns with the impacts on the neighborhood's character, maintenance of landscaping, lighting and future development. Mr. Estes' second letter stated that he had met with a representative of the developer and based on a review of the proposed plans, that he now supports the petition and has dropped his objections. The CCPC recommends two conditions be added; one requiring a continuous 6-foot high concrete wall along the east frontage, continuing along the Alhambra Circle frontage and then Page 2 of5 ,-_.""_"""0'.,''''-''''''-'' Agenda Item No.1 iE October 12, 2004 Page 3 of 26 along the south frontage along with irrigated landscaping. The second condition was a requirement that the applicant use the lowest level of lighting in the parking lot that would be allowed by code. The CCPC voted unanimously to forward a recommendation of approval to the BCC subject to the aforementioned conditions. STAFF RECOMMENDATION: The proposed parking exemption request is consistent with the applicable provisions of the Growth Management Plan and Land Development Code, as conditioned by staff. Therefore, Zoning and Land Development Review staff concurs with the Collier County Planning Commission and forward Petitions PE-2003-AR-4261 to the Board of County Commissioners with a recommendation of approval with the following conditions: 1, The parking exemption is limited to Lots 29 and 30, Naples Twin Lakes, Block 1. 2. The petitioner shall construct, or cause to be constructed, a pedestrian walkway from the subject site, across the alley, to the proposed office building. The pedestrian walkway shall be completed and operational prior to the issuance of a Certificate of Occupancy for the proposed office building. The walkway shall be signed and marked according to the Manual of Uniform Traffic Control Devices (MUTCD) standards. 3. The subject parking area shall be primarily utilized by employees. 4. This Parking Exemption shall expire if the commercial parcel to the west is developed with a building in excess of 55 feet in height. 5. The applicant shall provide a continuous 6-foot tall concrete wall that runs along the east boundary of the property and the Alhambra Circle frontage and the south property line. The wall will have irrigated landscaping along both sides, including palms, shade trees, a hedge and ground cover. 6. Lighting in the parking lot shall be designed and maintained at the lowest lighting levels permitted by the LDC. PREPARED BY: Robin D. Meyer, Principal Planner Department of Zoning & Land Development Review Attachments: Aerial Photo Zoning Map Page 3 of5 o·_...._.._,_..·_,,·,~"· - Agenda Item No. 17E October 12, 2004 Page 4 of 26 Aerial Photo Page 4 of5 Agenda Item No. 17E . October 12, 2004 Page 5 of 26 2 "JR. ~~ ;]1 J2. J3 34 ~60 !I'j¡ Z8 7 8 5 4 .3 .2 2.7 5 g 10 ® 12 w ....J 11 tJ STREET ~ ELRAD 0 (,) ~ III!( 0 2 c:: 6 5 4 1 !:t:I 11 ~ 7 B 9 1r} l' <[ 1.2 2J I --l - l.J -d' r........ITJ.. 1011'1 C"~["Lr ZOOiD!! Map Page 5 of5 item Numblr Item Summ.ry Meeting Clt. Agol1da Itom No. 17E October 12, 2004 Paoe 6 c~ 26 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 17E Pt!lútion PE.20G4-AR·6G93, Dougall McCorkle, of the lutgert Companieiõ, repruenll!ld b')' Wöyne Amold, AICP, or Q. Grady MInor and Aisoçlutetll, ,equl!!&ting II Purking Enmptlon t<1 allow uft"l ;;it~ pprking nil ty."ol()t$ .7.ont!:d R!tf',ldentiHI MuIU·FHmlly (RMF ·6) II) UI'V~ pIC/pOUt! Il'HH!tsl and l"edicßI office 1.16&60. on F.I pana~! zoned General Commercilll (C...4). which ¡Ii COTltlguou1I to thl!!' aubject propertíru; A..cefil' to the plllrkín(j lot wm be from the commerr.¡,,1 pi\rI:~I!')r the clCiatill J :lO"fuotwide ~Ibljc 1IlIey. The $ubjt :t ~'mpert"'l\ IO<:ßIt!d 111 4817·4819 Wr!if;t Alh"n.brll Circle and 1 013·1 015 North Alh"mbre Circle in SHtion 15, Town...hip 49 Sout.h, Rang! 2S El1ft!, Cclliel' Cúunty, Florida 1 Oli 2,'2004 9:00:00 AM Rubin D. MtI..,.r Prhu:;ípal p ;)flner 9124/2004 10:fJ1 :54 AM Prepared By Cømmuni1y Df:v(!lopm~nt & Environm.ntsl Servic.s D." Zoning & Land Oeltntopml!nt RO\Iir.w SandI's Lea Date Approved By Communl1y Dr.....4!lo""'flnl & E:.nvironml!lnhll SCI'ryicft& Executive SeCfllft.ry Commw1ity DttV~lormont & Environmental Sf!Jrvico& AdmIn, 'i/~"'201)4 11::.'Å AM Suun Murr;~y, AICP Zoning & Land Davclopn1Ðnt Oiroctat D... Approved By Community 1)C!\ffllopment & En"ironm!!'n'.1 S"rvices Zoning & Lõlnd OevolOIJfrU'Hlt Rtt...iftW 9f28!~004 :\:OP PM Rav Bellow!! Chief Planne.t Dllltl!l Approved By CQJ'!'1nHlntty Dt!'ièloJ.!",ftnt & f.:nvlronrnenlnl S~t"'¡(:fI" l.onll'lÇ! & Land DeveloprnC!nt RevIew 9/2612004 3:24 PM ,Iouph K. SchmItt D01ta Approved By ('.omml.ll'llty DC':vnlQpmem & Envitonmant.;¡1 S(rrvic-alii Community Dtr'Vl!llopmr.nt & Environment.1 Services AdminatrattJI Cnmml.lnlty Dt':v(lIDpmenl &. F.n'Virnnm(t'ttta¡ SGrvi(;¡tfi A.dmin. g/2~!2004 ~:Ol\ PM Pat l.ehnhlllrd Adnli"jø1ratív~ ÄSliilrt_nl Date Approved By county M4nuger'. Office Office of MBlluge"18rtt.. BIJdglt-t 9130/2004 ð:'t1 AM MIII'k h¡uclwofl Bud(,lf!t AtUIl'r'~t D... Approved By County Manngr.r' J (1tfh:;IIi Offic~ of Matlag....ment & Budget 9/:)(1/20043:19 PM Mic:h./lcl Smykowskl Manag4lment & Budglt.t OltlflC1or D... Approved By County Managor's Office OffiolD o.f hhln.gemtrnt & Budg«l1 D/30{"004 4:08 PM James V. MLlt1d CI:ILlt1ty M..nlllgef Date Approved By BO:lfd of County (.nmmf$lJtanl:!tll County ManuÇlClr' f Onlc:e 10/1/20041:09 PM ._-"~~...__._-,.~..- _...".~.....",._~."'"._--"'--'-""...,~.,_. Agenda Item No. 17E October 12. 2004 Page 7 of 26 <::::;O~r <::::;O......'M.'I;y T . ~ ---- ~ ..:......a.. STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES HEARING DATE: SEPTEMBER 16,2004 RE: PETITION: PE-2004-AR-6093, LUTGERT PARKING EXEMPTION OWNER/AGENT: Agent: D. Wayne Arnold, AICP Q. Grady Minor & Associates, Inc. 3800 Via Del Rey Bonita Springs, FL 34134 Contract Dougall McCorkle Purchaser: The Lutgert Companies 4200 Gulfshore Boulevard North Naples, FL 34103 Owners: William M. Simpson Trust Carolyn B. Simpson Trust 605 Fairway Terrace Naples, FL 34103 REQUESTED ACTION: The petitioner seeks approval of a parking exemption to allow off-site parking to accommodate the parking required for a proposed office building with a maximum height of 55 feet in the General Commercial (C-4) zoning district. The off-site parking is proposed to be provided on adjacent property zoned Residential Multi-Family (RMF-6). GEOGRAPIDC LOCATION: The site of the proposed office building is located on the east side of Tamiami Trail North (US 41), on the site of the former Witches' Brew restaurant. The site of the proposed Parking Exemption is east of the office site, across an alley, on two residentially zoned lots; 1013 Alhambra Circle North and 4817 Alhambra Circle West. Page 1 of 7 Agenda Item No, 17E October 12, 2004 Page 8 of 26 ! ¡;¡ ~ a. <C ::!: w .... - en S31d't'N JO .ur:> z wº \~ -'s'n 'wtU ,,,,,,,,"n ...!ë ",0 9 0') CII co .. It: < , . co .. -...... I -. .. - W A- ---.. ----- ... -- z 1Ir- 2 II t- . ¡: i w A- a. <C :E z 0 - I-- ~"""'__'IIIIIfINI. <C () Ii( . R 0 ...J GULF OF MEXICO Page 2 of 7 ----- --- Agenda Item No. 17E October 12, 2004 Page 9 of 26 PURPOSEIDESCRIPTION OF PROJECT: The petitioner wishes to construct a 42,000 square foot office building on a commercial site. In order to provide adequate parking for the office building, the petitioner could plan to utilize under-building parking and construct an office building/parking garage at the required maximum height of 75 feet. The petitioner is instead proposing a four-story building with additional parking on the two RMF-6 lots, which are the subject ofthis Parking Exemption petition. The subject lots are required to be landscaped with Type "B" buffers adjacent to the existing residential lots and a Type "D" buffer adjacent to Alhambra Circle. There shall be no access to the subject lots ITom Alhambra Circle. SURROUNDING LAND USE AND ZONING: Subject property: Two residential lots with a duplex on each; zoned RMF-6 North: East: Office building; zoned C-3 Residential lots and Alhambra Circle ROW; across which are residential lots; zoned RMF -6 Residential lots and Alhambra Circle ROW; across which are residential lots; zoned RMF-6 Platted alley; across which is the commercial site which will utilize the Parking Exemption; zoned C-4 South: West: 5 4 ~ 2 2 12 UJ 11 ....J t.J ELRAD 0 STREE T ~ ~ Ù J 2S <: 0 a: 6 .!ï 4 :1 m ::t: 7 II 9 10 " <C 2J ::J: ....J 1J <f r-""'TA . ,JIll ro"1"D["I:'"T ZONING MAP GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Page 3 of 7 Agenda Item No. 17E October 12, 2004 Page 10 of 26 The subject property is designated Urban (Urban - Mixed Use District) on the Future Land Use Map of the Growth Management Plan. This Subdistrict allows residential uses. The current parking exemption request is not specifically addressed in the GMP. AERIAL PHOTO HISTORIC/ARCHAEOLOGICAL IMP ACT: The site is already developed, thus any areas of historical and archaeological probability as referenced on the official Collier County Probability Map were addressed as part of the site development process. Therefore, no historic/archaeological survey and assessment is required for this petition. EV ALUA TION FOR ENVIRONMENTAL. TRANSPORTATION AND INFRASTRUCTURE: Development of this site was reviewed by the appropriate staff and no conditions were offered to address any specific concerns. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: This petition seeking a parking exemption was not heard by the EAC because the petition does not have environmental issues that require EAC review. Page 4 of 7 Agenda Item No. 17E October 12. 2004 Page 11 of 26 ANAL YSIS: I. The applicant is required to seek parking exemption approval from the Board of County Commissioners (BCC) because: "The lot proposed for off-site parking is not zoned commercial;" [LDC Section 2.3.4.11.2.c.I.(2)]. Staff completed a comprehensive evaluation of this petition and the criteria on which a detennination must be based (LDC Section 2.3.4.11.2.c.2.). This evaluation fonns the basis of the Planning Commission's recommendation, which is forwarded to the BCe. The BCC considers the relevant information and renders a final decision regarding the request. Each criterion (from LDC Section 2.3.4.II.2.c.2., shown in italics) is reviewed below: (1) Whether the amount of off-site parking is required by LDC Section 2.3.16, or is in excess of these requirements. The petitioner wishes to provide the amount of parking required by the LDC, while constructing an office building with a lower height than the maximum permitted in the C-4 zoning district. With the off-site parking spaces, the proposed office building will be in compliance with Section 2.3.16. (2) The distance of the farthest parking space from the facility to be served The proposed off-site parking is across a platted alley from the proposed office building. The farthest parking space is approximately 300 feet from the proposed building. (3) Pedestrian safety if the lots are separated by a collector or arterial roadway; The subject site is separated from the proposed office building by an alley, not a collector or arterial roadway. (4) Pedestrian and vehicular safety. Staff recommends a condition be placed in this Parking Exemption requiring a signed and marked crosswalk on the alley. (5) The character and quality of the neighborhood and the future development of surrounding properties. The subject lots shall retain their underlying residential zoning and could be again used for residences should the use or size of the proposed office building change. The subject lots will be landscaped and there will be no driveway on Alhambra Circle, so there will be minimal impact on the surrounding properties. (6) Potential parking problems for neighboring properties. As noted above, the subject lots will be landscaped and there will be no driveway on Alhambra Circle; therefore, there should be minimal impact on neighboring properties. (7) Whether the internal traffic flow is required to leave the site to reach the proposed off-site parking. Traffic will enter the site from the Tamiami Trail North entrance to the commercial parcel. There will be no access from Alhambra Circle; therefore, internal traffic is not required to leave the site Page 5 of 7 Agenda Item No. 17E October 12, 2004 Page 12 of 26 to reach the proposed off-site parking. (8) Whether vehicular access shall be from or onto residential streets. No residential streets will be affected by the parking exemption. Traffic will enter the site from the Tamiami Trail North entrance to the commercial parcel. There will be no access from Alhambra Circle. (9) Whether buffers adjacent to the property zoned residential are 15 feet in width and include a wall in addition to required landscaping. The east and south property lines are adjacent to residences. A landscape buffer with a minimum width of ] 5 feet is required adjacent to these residences. This buffer shall include a wall, 6 feet in height, with a minimum of 6 feet oflandscaping on the residential side of the wall. (10) Whether the off-site parking area will be usedfor valet parking. Valet parking is not proposed. (11) Whether the off-site parking area will be used for employee parking. Staff has included a condition that requires the off-site parking area to be primarily utilized by employees. (12) Whether there are more viable alternatives available. The alternative development scenario is to construct an office building, a maximum of 75 feet in height, with parking under the building. STAFF RECOMMENDATION: The proposed parking exemption request is consistent with the applicable provisions of the Growth Management Plan and Land Development Code, as conditioned by staff. Therefore, Zoning and Land Development Review staff recommends that the Collier County Planning Commission forward Petition PE-2004-AR-6093 to the Board of County Commissioners with a recommendation of approval with the following conditions: 1. The parking exemption is limited to Lots 29 and 30, Naples Twin Lakes, Block 1. 2. The petitioner shall construct, or cause to be constructed, a pedestrian walkway from the subject site, across the alley, to the proposed office building. The pedestrian walkway shall be completed and operational prior to the issuance of a Certificate of Occupancy for the proposed office building. The walkway shall be signed and marked according to the Manual of Uniform Traffic Control Devices (MUTCD) standards. 3. The subject parking area shall be primarily utilized by employees. 4. This Parking Exemption shall expire if the commercial parcel to the west is developed with a building in excess of 55 feet in height. Page 6 of 7 Agenda Item No. 17E October 12, 2004 Page 13 of 26 PREPARED BY: FRED REISCHL, AICP, PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: ROBIN MEYER, PRINCIPAL PLANNER DA TE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW RAY BELLOWS, CHIEF PLANNER DA TE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW SUSAN MURRAY, AICP, DIRECTOR DA TE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMITT, ADMINISTRATOR DA TE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN DATE Staff report for the September 16,2004 Collier County Planning Commission Meeting Tentatively scheduled for the October 12, 2004 Board of County Commissioners Meeting Page 7 of 7 Agenda Item No. 17E QçtQÞer12,2004 . Page 14 of 26 PE_2004-AR-6093 PROJECT: #200405002\ APPLICA nON FOR PUBLIC HEARING .FOR: PARKING EXEMPTION Petition No.: Date Petition Received: Commission District: Planner Assigned: ABOVE TO BE COMPLETED BY STAFF 1 . General Information Name of Applicant(s) Mr. Douø:a11 McCorkle. The Lutgert Companies Applicant's Mailing Address 4200 Gulfshore Boulevard North . City Naples State Florida Zip 34103 Applicant's Telephone # 261-6100 Fax # 262-6315 E-mail douga11@lutgcrt.net Name of Agent D. Wavne Arnold Finn Q. Grady Minor and Associates. Inc. Agent's Mailing Address 3800 Via Del Rev City Bonita SprinJZS State Florida. Zip ~4134 Agent's Telephone # 947-1144 Fax # 947-0375 Agent's E-Mail Address:wamold(â;}oradvminor.com COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES,FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 ~~,--~,,-_._--,. -- . Agenda Item No. 17E October 12, 2004 Page 15 of 26 Zoning of proposed parking lot RMF-6 Zoning of lot the Parking Exemption is proposed to serve C-4 Type of land use that the parking exemption is proposed to serve General and Medical Office Required parking for project 140 Parking Spaces Proposed Off-Site 51 Project description: (or attach separate sheet) The owner of the C-4 zoned propertv intends to develop Class "An office space for oeneral and medical office tenants. The proposed office buíldinc will be a four-story 42.000 SQuare feet structure. The reouired parkina for caneral office is 140 spaces. and with the off-site parkino. a total of 142 park/no spaces will be provided to serve the proiect. Ninety-one parkino spaces are provided on-site and 51 spaces are provided on the off-site prooertv. 1. Is the proposed parking lot separated from the permitted use by 8 collector or arterial roadway? No. the prooosed parkino lot Is seoarated from the permitted use bv a 20' wide altev. Vehicles us/no the parkino lot will not be reoulred to utilize a collector or arterial roadway for access to the parnino lot. 2. Is the proposed parking lot zoned commercial? No. the proDOsed parkino lot is zoned RMF-6: however. it does abut commerciallY zoned land to the north and west. 3. Does the permitted use propose to share required parking with another permitted use? The oermitted use is not proposino to share parkino with any other permitted use. The applicant is the onlY intended user for the pro DOsed parkino lot. 4. Does the petitioner propose a parking reservation? No. a park/no reservation Is not proposed. The applicant intends to construct the parnino lot. oenerally consistent with the deslon and layout shown on the attached conceptual plan. for sole use by occupants of the oermJtted use property. ~q~ SIGNATURE OF P ITIONER (p/~/~ DATE (, r:zJ Application Fee = $1500.00 PElrev,4I14103 PFIDAVIT Agenda Item No. 17E October 12. 2004 Page 16 of 26 WelL William M. Sì7t1DSOn and Carolvn B. Simp.son beingfirst duly sworn. depose and say that we are the oW1t8rs o/the lots 29 and 30, Bioct 1, Naples TWin La/œ&. according to plat book 4, ¡mg- 3.5 of Collier County and which is the subject matler of the proposed hearing. I uruImtcmd thar the iriformation requested on this application must be complete and accurate and that the content of this form. whether comput~r generated or County printed shall not òe altered. Public hearing8 will not be adverti$ed until thts application is deem.cd complete, and all required informatilJn has been submitted. A3 property owner. Well further authorize The LutJlert Companies and Q- Gradv Minor and Assocìat~, P.A. to act a3 our/my representative in 0.11)' matters regarding thi3 Petition. Jj/~ ~J~ William M. $imp on ' Property Owner ~~j(lVf} m· Si~Sf)l1. Typed or Prinzed Name of er C~,6.dðy'-- Carol . Simplon Property Owner [i~/~..-J 15, S':~~ðr1 Typed 0 Printed Name of ey The foregoin nstrument wœ acknowledged before me this Jl? day of ~,." ) ¡ . n who is pmonal~y known to me or has produt:ed I:r as Identification. ß. OI.rð ..! /1'1'901) < . . S :¡:- / f}" I ð ;;rJ.f { -f!JW5'" () .2~by Slate ofFlorlda County of Collier ~~. ,J. /r?Á... m· r;; rr Yl11tt}0 (Sigrlature of NottJry pÚblic State Florida) --- of utÐAM.~ MY COIofMI8SI(W . OO(l261S EXPIREB: JaIUIY 7. 2Q06 II«IINtlnlNlllllV_iIIodInIdIm .< m. nrcylßt'A...j - (print, Type, or Stamp Commissioned Name of NottJ.ry Public) lDÐAM.1IfØIVWoN MY cQMt.IISSION' 00œ2S16 EXPIRES: JIr\UII!Y 7, 2Dœ ~1IIN NoIIIIYHIIÍI u~ 1~..-1I\WlœhØII RNw\ltMr 1111 mlHlW 1Øta\'.Mc s¿œ ¿,Þ6 6£2: +- S3INI:;Id.JOJ .LC£i9l.f1ì gç,; : 6121 VI2I~ ZI2Ið ¿za "ON Agenda Item No. 17E October 12, 2004 Page 17 of 26 To Whom ItMay Concern: I am the owner of 1024 North Alhamba CiroJc just cast oftbe listed properties below. I would be happy to see 4817 - 4819 West AIhamba Circle and 1013 - 1015 North Alhamba Circle to be rezoned for a parking lot. It would enhance the beauty of the neighborhood and enhanced the value of our properties. ~ Richard Shuart Phone: 571-1260 1025 North A1hamba Circle Naples, Florida " Ç'W' ) 7.1=1 'rN c;..o,>Vf ¡.t;rh M>r. +- S~TN8dWO::J ~91.nì ¿¿:;; : 6Ø t>Ø/£Ø/93 ", oatu/zoO" 11: 00 PAX 239 94.7 0375 Q Gra4Y I1nor . Assoo. II 002: Agenda Item No. 17E October 12, 2004 Page 18 of26 AÞJ)RB88lNG CJ1Br1t7J:ff' Please complete the fo11cnriI1s.DI sub.D:1it to the ~ Secdon for Review. Npt 111 iterJ:¡s w:m II ÜjQ everYDmfect.. Jtønll in -14.". are1'edUiœd. 1. Legal dela.iptioJt ofJUbject ptopcriYorpropcrties (copy ofle.ngtky descrlptit1n may be fUtacked) Naples Tw41 t.akes B1oc:k 1 lots I1btu '1- and north 25 foot of lot S OIl 1361 l'Q 885. N.J. ]"wi t Lakes Block l1qts 29 pi 30 2. FoJio (Property ID) ø.amber(.) of 8bovo (attøch to, or lUSOCiatB with. legal dMcrlption ifnwrfJ t/¡ :III OM) 6340004()()()5. (Ij~. 63400680009 3. Stn:et eddnss or add!esIes (œ applicable. ifa/relMJy auI.pe4) 48361)ndam 'I'nd1 N~ 4317 ..\lnAlftMa Circ1,R Wcsl 1013 AJh8J1'lbra Circte North . 4. ~.map, II2.ow2s1I uaot 1ocatio1t ofprojectlsite iø. re1atJ.œ to nearest public n)ed rlgbt-of-wl Y S. Copy of BUt'V8Y (NBSDED ONLY FOR UNPLATrBD P1l0PS,tl'X"ŒS) 6. Proposed pojCK:t name (tj' appltœble) ,. Proposed Street names (lfqpp1JMblA) 8. Site Denaopmc:at Phro Nam.bc:r (FOR. :wasTING PROJEC'I'SlSrrES ONLY) SPF - 9. PetItSoa TJpe - (Complete a. separatc ~ Cb-wu.t for.eacb Petition Type) o sPP -(Site Deve1o,pœ.ect Phm) PPL (PJaœ &. P1at Review) SJ)PA (SDP A~) PSP (Pre1imirw'Y SubcUviøion PIId) SÐPr (SDP ~~) F'P (pinal plat) . S1P (Site Imp.rovanatt P1811) LLA (Lot lAne Ac\juIt.ment) SIPA (SIP Am~t) BL (BJ.astins Peœùt) SNR. (Street Namc C1urage) R.OW (Right-of..Way Peønit) Veptati04l.Bxotic eveg:.1lemova1 Permtt.8} EXP ~tion Pemrl.~ Land U.e Petition. (V~ Canditto.nal Use:, VRSFP (Ve¡. R.emoval& Site Pm P ø:mit) Bðat Dook .Bxt.., R.ez:oAc, PUD I:W.OIlO, ctç,,) . g] otJ1er..Dascdbcr. QFF S~~__ ~~\n.o-fe~ s~o.~ ~ . 10. Project or devetopmeat Dm1eS propoac:d :fbt, or akea4y~ in. CODðornWum ~ÏmIl".Gtl Of ' applicable; iø.d1cate Whtrher pmposed or exfstúI¡) 11. Please (bçk One: J8] Chcdd.ìIt is to be Faed Back r:J Pcnœ.eDy Pic::bd Up 12. AppUcat Name D. W~.Amold Phon. 239-p.41-1144 Fax 239-941, P:tl~ 13. Sj¡Datme OD.Addreuing Cb.ec1dist does 2iOt co.østitute Project audlor Street Name approva111!U1 iJ: :Wject to ~reviewbythe ~ Section. FOR STAll' USE ONLY ==~t~~~ =~~ 1?:~~1 Ap wwd~~AH4'Pabo IJ-/-ð_~_ ~ "~--,.,-,-,--"..,~ .... . ""'_.,",---'"" Agenda Item No. 17E October 12, 2004 Page 19 of 26 RESOLUnON 04- -_.~...~--.....-.. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORfDA, RELA TING TO PETITION NUMBER PE-2004-AR- 6(}93 FOR A PARKING EXEMPTION ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORfDA. WHEREAS, the Legislature of the State of FIOIida in Chapter 125, Florida Statut(..>s. has conferreu on all counf.Ìe.s in Florida (he power to csU!hlish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the pl!blic; and WHEREAS. the COU11fy pursuant thereto has adopted a Land Development Code (LDC¡ recodified by Ordinance No. 04-4 L as amended which establishes regulations for the zoning of particular geographic divisions of the County, among which is thc allowance of a parking exemption: and WHEREAS, the Board of Zoning Appeals, bemg the duly constituted board for Collier CQunty which includes the area h~"reby affected, has held a public hearing aft.l"r notice and has considered the advisability of a parking exempt.ion as shown on the attacht.'(l Plot Plan, Exhibit" A;' 111 the C-4 Zoning Distnct for the propeny hcreinafter described, and has found as a matter of fact that satisfao.:túry provision and an-angement have been made concerning an applicable matters required by said regulations and in accordance with Subsectiotl 4.05.02.K., of the Collier County Land Development Code, for the unincorporated area ofCollicr County. and WHEREAS, all interested parties havc been given opportunity to be heard by this Board in a public meeting and the Board considered all matters presented. NOW, THEREFORE. BE IT RESOLVED BY TIlE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: Petition Number PE-2004-AR-6093 tiled by Q GRADY MINOR AND ASSOCIATES, INC.. representing THE LUTGERT COMPANIES. with respect to the property hereinafter described in Exhibit "B." atUlched hereto and Incorporated by reference herein. be and the same hereby is. approved for a parking exemption pursuant to the LDC as shown on the atUlched plot plan. Exhibit "A," in the C -4 Zoning District wherein said pmperty is located, and subjcct to the ¡()!lowing conditions: Exhibit He" whIch is ¡¡tttl(~hed hereto and incomorated bv reference herein.. Page I 01'2 Agenda Item No. 17E October 12, 2004 Page 20 of 26 BE IT FURTHER RESOLVED that this Resolution relating to Petition Number PE-2004-AR-6093 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this__.__.....~_ day of ............__._...._..._......__' 2004. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY. FLORIDA BY: __________..___._____._. DONNA FIALA, CHAIRMAN -.--.------- App!'()ved as to Fornl and Legal Sutlkíency: J>atrick White Assistant County Attorney PE·2004·AR·6MYFRdd Page 2 of 2 -z_ ~---~ -, -J --- .. ... ... CJ w a 5' ° 0:: a. <.' z ;;:: 0:: .. a. L I I --==- ); .--------/ ~ "'-' - --::-- ~ --= I"A.IIWl1 nua. (1/.8. 4l) _-::--- ~ ~ EXh~þct _µ~It ,..: l-.. g d ....J tnß a:: cr < 00 ¡s8a::8 0 ~5 loG:'8-'..... òfi 'G:'o':u- "'0.. .....ðo¡:!; ~~ V1Ua::O:: Q- ¡rWÏ cr~ t.t/)f-u.... « a. a. z...i -< ..J~ <£0 j?2': 0.."- tJ< zz 0< U-' 0- w 11::'''' ...:..... z¡¡; ø-' ¡¡;< w~ 0"- ~~ <Ï) l- OU ZI. ,J <£ã! ~~ æw ~~ 80 ....z c¡< zW -0: ~2 ;:)« (IJZ ~ o z ...,.,., II . ; I ~ .--::: I Agenda Item No. 17E October 12, 2004 Page 22 of 26 Legal Description Lot 29 & 30, Block 1 Naples Twin Lakes, according to plat in Plat Book 4, Pages 35-36, Public record of collier County, Florida. Exhibit "B" "_._".~".__,-",,--~--~"-"'-"-"" Agenda Item No. 17E October 12, 2004 Page 23 of 26 CONDITIONS OF APPROVAL PE-2004-AR-6093 1. The parking exemption is limited to Lots 29 and 30, Naples Twin Lakes, Block 1. 2. The petitioner shall construct, or cause to be constructed. a pedestrian walkway trom the subject site, across the alley, to the proposed office building. The pedestrian walkway shall be completed and operational prior to the issuance of a Certificate of Occupancy for the proposed office building. The walkway shall be signed and marked according to the Manual of Uniform Tmffic Control Devices (MUTCD) standards. 3. The subject parking area shall be primarily utilized by employees. 4. This Parking Exemption shall expire if the commercial parcel to the west is developed with a building in excess of 55 feeL in height. 5. The applicant sha1J provide a continuous 6-foot tall concrete wall that runs along the east boundary of the property then along the Alhambra Circle frontage and then along the south property line. The wall will have irrigated landscaping along both sides, including palms. shade trees, a hedge and ground cover. 6. Lighting În the parking lot shall be designed and maintained at the lowest lighting levels permitted by the LDC. Exhibit "C" -. '''.;',';'I!'-...~.&'' .;:~ Agenda Item No. 17E October 12,2004 Page 24 of 26 BRAD ESTES 3384 BALBOA CIRCLE WEST NAPLES, FL 34105 239 564-4089 September 7. 2004 Robin Meyer Princìpal Planner CoHier County Community Development and Environmental Services Division 2800 North Horseshoe Drive Naples. Ft. 34104 RE: PE_2004-AR-6093 Dear Mr. Meyer: This is a follow-UP to an earlier telephone conversation with Fred Reischl regarding the above petition for a parking exemption. Please furward this to the Planning Commission. My wife and I have owned a duplex (0 the south of the site ,since 1981. Our property would be impacted by this petition. While we are certainly not opposed to changes that enhance the neighborhood, I do not see how the requested action win do that. It has the poteotial, if not the prohability, of having a negati ve impact. Here are my specitìc concerns and questions: l.) This proposal will change the character of the neighbnrhood. There are contiguous structures on the west side of West Alhambra from Granada Boulevard north and east wen past the properties under cot15ideration. This parking lot win create a gap which will have a non- residential if not commercial appearance. 2.) While [ understand that landscaping wiH surround the parking lot, I don't foresee any landscaping plan that could keep this parking lot from appearing commercial. While I don't question the petitioner's positive intentions. I question the petitioner's ability to maintain the landscaping. This parking lot is likely to hecome a pass through fot residents desiring Ù) 'ovalk to adjoining businesses on U.S. 41, damaging the landscaping as they do. What assurance do we have that Ù1C landscaping will or even can be maintained? Will this be an on-going code enforcement prob1em? Page Two Mr. Meyer Agenda Item No. 17E October 12,2004 Page 25 of 26 3. I am concerned about !igMng. If the parking lot isn't lit at night, then this lot could become a congregation area for neighborhood children and others. If one does light the parking lot it could still be a congregation area, and then it wi11 have a commercial appearance at night. 4.) The petitioner is not prohibited trom utilizjng its property on U.S. 41 if this exemption is denied. 5.) Could tillS become a trend for this area? How do the Planning Commission and Board of Zoning Appeals disapprove future off-site parking exemptions for adjoining commercial properties wishing to change USe without treating petitioners inconsistently? Being able to buy land for commercial parking at residential prices might make this option ve.ry desirable. I see nothing in the land development code that restricts the number of exemptions in a neighborhood tor off~site parking. On what basis would future petitioners be denied? J appreciate your consideration of my comments and thank you for the oPportunity to present Ulem. ~el)---) k;' // Brad Est~S~' Agende ~tcm Nø. HE October 12, 2004 Page 26 of 26 BRAD ESTES 3384 BALBOA CIRCLE WEST NAPLES, FL 34105 239 564-4089 September 13. 2004 Robin Meyer Principal Planner Collier County Community Development and Environmental Services Division 2800 North Horseshoe Drive Naples, FL 34104 RE: PE-2004-AR-6093 Dear Mr. Meyer: I have met with representatives of the petitioner~ The Lutgert Companies~ and re$olved my concerns concerning the petition. It is my Wlderstandíng £tom our meeting that the petitioner is willing to construct a masonry wal1 around the parking lot, except facing the alley, and have an irrigated opaque landscape barrier around th.e exterior of that wall. This will prevent pedestrian pa.ss-through traffic to the alley and congregating in the parking lot after business hours. Low- level lighting would also only be utilized in parking area. With these considerations by the petitioner which I appreciate. I am in support of the petition. Unfortunately, I have a conflict on Thursday and cannot attend the meeting. Would you be so kind to convey this message to the Planning Commission.