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Agenda 01/25/2005 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS IIIL.i -.- ( -''"-~;:;.'":~. AGENDA January 25, 2005 9:00 AM Fred W. Coyle, Chairman, District 4 Frank Halas, Vice-Chairman, District 2 Donna Fiala, Commissioner, District 1 Tom Henning, Commissioner, District 3 Jim Coletta, Commissioner, District 5 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. 20 Year Attendees 1. Jeanine McPherson, Parks and Recreation 2. Richard Winans, Transportation Road Maintenance 3. Carol Travis, Library 4. PROCLAMATIONS A. Proclamation to recognize the Immokalee High School Football Team and Coach Weber for becoming the Class 2A State Football Champions. To be accepted by the football team, Coach John Weber, Principal, Armando Touron; and Linda Ayer. B. Proclamation to recognize January 23-29, 2005 as Emergency Planning and Community Right-to- Know Act. To be accepted by Rick Zyvoloski, Emergency Management Coordinator for Collier County. C. Proclamation to recognize January 25, 2005 through January 17,2006 as A Year of Celebration of the Life and Vision of American Statesman Benjamin Franklin. To be accepted by Mr. Ardyn Long, President of Friends of the Library. D. Proclamation to congratulate the residents of Marco Island in recognition of their 40th Anniversary Celebration. To be accepted by Terri DiSciullo, Council Chairwoman for the City of Marco Island. E. Proclamation to have recognized January 16th through January 22nd, 2005 as National Jaycee Recognition Week. To be accepted by Rebekah Pastor, Naples Jaycee's 2005 President. F. Proclamation to recognize February 4th through May 1st, 2005 as Matisse, Picasso & Friends Season. To be accepted by Jackie Lane, Creative Director for the Philharmonic Center for the Arts. 5. PRESENTATIONS A. Recommendation to recognize Ana Fuentes, Customer Service Specialist, Administrative Services Division, as Employee of the Month for January 2005. 6. PUBLIC PETITIONS A. Public Petition request by Tom Mooney to discuss storm water management in Naples Park. B. Public Petition request by Donald Schummer to discuss motion of the Board to purchase right-of-way along west side of Santa Barbara Boulevard between Golden Gate Parkway and Pine Ridge Road. C. Public Petition request by Nancy Lange to discuss refund of impact fees charged in error. Items 7 and 8 to be heard beainning at 1 :00 ".m.. unless otherwise noted. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS A. Recommendation to approve the 2004 Cycle Growth Management Plan Small Scale Amendment. (Adoption cycle). B. This item requires that all participants be sworn in and ex-parte disclosure be provided by Commission members. Baldridge Real Estate, Inc., represented by Tim Hancock of Talon Management, requesting a rezone from the RMF-12 zoning district to the PUD zoning district to be known as Zone PUD Planned Unit Development which will include a maximum of 6,840 square feet of commercial use. The property is located on the northeast corner of Golden Gate Parkway and 52nd Terrace S.W., in Section 28, Township 49 South, Range 26 East, Collier County, Florida, consisting of .83± acres. (Companion item to CPSS-2004-01) C. This item was continued from the December 14, 2004 BCC meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2004- AR-5220 Land Development Group, LLC, represented by Ronald Nino, AICP, of Vanasse Daylor, LLP, requesting a rezone from Rural Agricultural (A) zoning to Mixed Use Planned Unit Development (MUPUD) for a project to be known as the Buckley Mixed Use PUD to allow for mixed-use commercial and residential development. The PUD is proposed for a maximum of 251 residential dwelling units, a maximum of 74,230 square feet of retail commercial, and a maximum of 97,070 square feet of office commercial uses. The property is located at 7501 Airport-Pulling Road, in the northwest quadrant of the intersection of Airport-Pulling Road and Orange Blossom Drive, north of the Collier County Regional Library, in Section 2, Township 49 South, Range 25 East, Collier County, Florida, consisting of 22.84± acres. D. Recommendation to approve the 2004 Cycle Growth Management Plan Amendments. (Transmittal hearing). 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Land Acquisition Advisory Committee. B. This item to be heard at 10:30 a.m. Discussion regarding the Pelican Bay Annexation report. (Commissioner Henning request) C. Request to reconsider Warm Springs PUD, PUDZ-A-2004-AR-6142 Naples Syndications, LLC. (Commissioner Halas request) 10. COUNTY MANAGER'S REPORT A. Presentation of recent analysis and recommendation of continuing with the current design for Santa Barbara which includes widening to six lanes from Davis Boulevard to Golden Gate Parkway and rebuilding a four lane roadway in a six lane right-of-way from Golden Gate Parkway to Green Boulevard with a slight revision to the Golden Gate Parkway intersection to include three northbound lanes for a short distance to help the current and future operations of this intersection. (Norman Feder, Administrator, Transportation Services) B. Recommendation to approve an alternative road impact fee calculation and resulting rate of $9,619 Per 1,000 square feet for the proposed Germain Riverchase BMW dealership. (Norman Feder, Administrator, Transportation Services) C. Recommendation to close the 2005 Growth Management Plan amendment cycle to private sector petitions, in consideration of the EAR-based Amendments development and adoption process. (Joseph K. Schmitt, Administrator, Community Development and Environmental Services Division) D. This item to be heard at 11 :00 a.m. Recommendation for the approval of the second Conservation Collier Active Acquisition List and direction for staff to actively pursue projects recommended within the A Category. (Joseph K. Schmitt, Administrator, Community Development and Environmental Services Division) E. This item was continued from the January 11, 2005 BCC meeting. Staff update and recommendation to the Board of County Commissioners (BCe) in response to the Public Petition presented at the December 14, 2004, BCC meeting by Mr. Robert France regarding an existing code violation and a potential solution involving a lot line adjustment and parcel exchange at 3681 4th Avenue NE. (Jim DeLony, Administrator, Public Utilities) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT A. This item to be heard at 11 :30 a.m. Recommendation that, pursuant to Ordinance No. 2001-55 (sometimes referred to as the "Advisory Board Ordinance"), the Board of County Commissioners adopt Resolution No. 2005-_ establishing the Caribbean Gardens Task Force Committee and discuss any continuing role of the staff in connection with the volunteer Blue Ribbon Committee. 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS --------------------------------------------------------------------------------------------------------------------------- 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 an Interim Management Plan for the North Golden Gate Estates (NGGE) Unit 53 property under the Conservation Collier Land Acquisition Program. 2. Petition CARNY-2004-AR-7015, John Yonkosky, Treasurer, Collier County Fair and Exposition, Inc., requesting a permit to conduct a fair from February 4th through February 13, 2005, at the Collier County Fair Grounds on Immokalee Road (C.R. 846) North Golden Gate Estates. 3. Recommendation to approve Lien Resolutions for the following Code Enforcement Case Numbers: 2004100542/Alvarez, Jennifer, 2004100530/ Cavataio, Salvatore & Antoinette, 2004110012/Caffa- Mobley Et AI, Priscilla, 2004080055/Reece Est., Annie Earl, 2004100961/Reece Est., Annie Earl, . 2004100345/Baton Rouge LLC, 2004100485/Baron, Mimon, 2004050647/Baron, Mimon, 2004071226/ Glover, Lizzie H., 2004080595/Stonestreet, William M, 2004070376/Mac Builders Inc., - Carlos Veloz, 2004070375/Mac Builders Inc., 2004060799/0nofre, Roberto C., Inc., 2004070552/Seffer, Erik H. and Astrid V., 2004090471/Tsalach Investments, Inc., 2004110013Nolcy, Evens and Marie C., 2004030691/ Riambau, Steve and Dasilva, Gildete A., 2004090637/0sceola, Douglas M., 2004090638/0sceola, Douglas M., 2004061226/Martel, Claude, 2004090639/LaRoss Tr., Elizabeth Anton, 2004091102/Weyrauch, James P. and Diane P., 2004091100/Nolan Jr. Tr., Leonard F., and Nolan Tr., Michael S. and Michael N. Realty Trust, 2004050696/Morris, Thomas and 2004091116/Moriarty, Judith and Connors, Cynthia and Navarra, Dennis. 4. Recommendation to approve two Satisfactions of Lien for Resolution No's: 2001-213 styled Board of County Commissioners vs. Alfredo L. and Anne C. Ramirez and 2002-349 styled Board of County Commissioners vs. Stuart O. Kaye. 5. Recommendation to approve the application by Genapol for the Job Creation Investment Program, the Advanced Broadband Infrastructure Investment Program and the Fee Payment Assistance Program. 6. Recommendation to approve the application for the Job Creation Investment Program, the Advanced Broadband Infrastructure Investment Program and the Fee Payment Assistance Program by Guadalupe Center, Incorporated and provide for the waiver to pay the upfront fifty- percent of the estimated Transportation Impact Fees at Final Site Development Plan approval, but instead pay all impact fees, in full, at issuance of the Building Permit through the Fee Payment Assistance Deferral Agreement 7. Recommend the Board adopt a Resolution opposing proposed Senate Bill 0620, and any similar changes to Florida Statutes, that will diminish authority of Florida's local governments to regulate wireless communications facilities except to the extent actually necessary to facilitate 911/E911 services. --.-.-....-.--.. 8. Recommendation to approve one (1) impact fee reimbursement requested by Mortgage Max, Incorporated, totaling $34,566.60, due to building permit revision and corresponding reduction in square footage. 9. Recommendation to approve a Resolution supporting Genapol as a qualified applicant in the Qualified Target Industry (QTI) Tax Refund Program and providing for an appropriation of $96,000 as a local participation match, pursuant to Section 288.106, Florida Statutes. 10. Recommendation to approve a Resolution supporting Advocate Aircraft Taxation Company as a qualified applicant in the Qualified Target Industry (QTI) Tax Refund Program and providing for an appropriation of $60,000 as a local participation match, pursuant to Section 288.106, Florida Statutes B. TRANSPORTATION SERVICES 1. Recommendation to approve a Budget Amendment recognizing prior year revenue for funds recovered from vehicle accidents where County traffic signals and streetlights sustained damages ($78,738.98). 2. Recommendation to Approve the FY 2005 Transit Development Plan Update. 3. Recommendation to authorize the Transportation Administrator or his designee to execute the attached Federal Transit Administration Section 5310 grant application and applicable documents, and to accept, on behalf of the County, any such grant awarded 4. Recommendation to acquire Board approval to sign and execute a Local Agency Program (LAP) Supplemental Agreement between Collier County and the Florida Department of Transportation (FDOT) for sidewalk construction along County Road 29 in Everglades City. 5. Recommendation to award bid #04-3595R - annual contract for "Clearing, Grubbing and Tree Trimming Removal Services" for the approximate annual amount of $50,000. 6. Recommendation to award bid #05-3633 - annual contract for "Rework of Slopes and Roadside Ditches" for the approximate annual amount of $50,000. 7. Recommendation to approve a waiver of the formal bid process and approve a contract agreement between Collier County and Temple, Incorporated for services related to the implementation of a Split Cycle Offset Optimization Technique (SCOOT) adaptive traffic system on the Pine Ridge Road corridor between Goodlette-Frank Road and Logan Boulevard at a cost not to exceed $671,964; Project #601724. 8. Recommendation to approve a South Florida Water Management District Local Governmental Grant Agreement No. OT050869 in the amount of $170,000 for partial funding of the 2005 Australian Pine Tree Removal Program. 9. Recommendation to authorize the Transportation Administrator or his designee to execute the attached Federal Transit Administration Section 5311 grant application and applicable documents, and to accept, on behalf of the County, any such grant awarded 10. Recommendation to approve a Resolution authorizing execution of a Florida Department of Transportation Local Agency Program Agreement for the beautification enhancements to St. Andrews Boulevard from US 41 to Pebble Beach Boulevard and to advance the funds from the General MSTD Fund (111). 11. A resolution required pursuant to Section 125.37, Florida Statutes, for the exchange of real property in connection with the expansion of Immokalee Road from 4 lanes to 6 between US-41 and 1-75. C. PUBLIC UTILITIES 1. Recommendation to award Bid #05-3762 to Encore Construction Company to construct the Sodium Hypochlorite Tank and Piping Repairs, in the amount of $72,500, and approve the necessary budget amendment, for the North County Water Reclamation Facility Bleach Piping Replacement Project, Project Number 73957. 2. Recommendation to award Bid No. 04-3713, Annual Contract for Pump and Motor Repair and Purchase for County-wide maintenance of equipment to various companies in the estimated amount of $300,000.00. 3. Recommendation to rescind award of Bid # 02-3382 to R & D Soil Builders, Inc, Project 73127. 4. Approval of an Interlocal Agreement between Collier County and The City Of Marco Island for the County to continue providing trash collection services in The City. 5. Recommendation 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, adopt a Resolution for the exchange of 4,623 square feet of the Pelican Bay Utility Site for 9,246 square feet of The Club Pelican Bay, Inc., golf course property, at a total cost not to exceed $1,150. D. PUBLIC SERVICES 1. Recommendation to approve the submittal of the attached Emergency Prevention and Readiness Outreach grant application to Volunteer Florida for a Responsible Pet Ownership and Disaster Preparedness Project in the amount of $18,000.00 2. Recommendation to approve a cooperative agreement with VGC, LLC and a TDC Category "A" Supplemental Grant Application in the amount of $16,500 for construction of Vanderbilt Beach Access #1 3. Recommendation to approve a budget amendment recognizing $13,166.68 in revenue from private contributions and appropriating funds for the purchase of Access Dinghies for the Collier County Sailing Center 4. Recommendation to enter into an agreement to provide existing funding of $50,000 for operational expenses associated with WeCare, Inc. E. ADMINISTRATIVE SERVICES 1. Report and ratify staff-approved change orders and changes to work orders to Board-approved contracts. F. COUNTY MANAGER 1. Recommendation to approve a budget amendment, Project 90536, in the amount of $3,525. 2. Recommendation to approve two Work Order Amendments under Contract #01-3271, Fixed Term Professional Engineering Services for Coastal Zone Management Projects, with Humiston & Moore Engineers for the Hideaway Beach Renourishment, Project 90502, in the total amount of $28,500. G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY H. BOARD OF COUNTY COMMISSIONERS 1. Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the City of Marco Island & the Marco Island Area Chamber of Commerce's 40th Anniversary of Modern Marco Island dinner at the Marco Island Marriott Resort, Golf Club & Spa; $100.00 to be paid from Commissioner Fiala's travel budget. 2. Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended Marco Island Area Chamber of Commerce Aloha Luau on January 8, 2005 at Hideaway Beach Club; $55.00 to be paid from the Commissioner's travel budget. 3. Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the Marco Chamber of Commerce Going Away Luncheon for Greg Niles on January 19, 2005 at the Island Country Club on Marco; $25.00 to be paid from Commissioner Fiala's travel budget. 4. Commissioner Henning requests Board approval for reimbursement for attending a function serving a valid public purpose. Commissioner Henning attending the Greater Naples Chamber of Commerce "Wake Up Naples" event on January 19, 2005, at the Hilton Naples & Towers. Registration of $17.00 to be paid from Commissioner Henning's travel budget. .---.- 5. Commissioner Coletta requests Board approval for reimbursement for having attended a function serving a valid public purpose. Commissioner attended the East Naples Civic Association Annual Banquet Celebration on January 17, 2005; $35.00 to be paid from Commissioner Coletta's travel budget. 6. Commissioner Henning requests Board approval for reimbursement for attending a function serving a valid public purpose. Commissioner Henning attending the Urban Land Institute of Southwest Florida 8th Annual Winter Institute on February 3rd at the Naples Hilton & Towers. Registration fee of $25.00 to be paid from Commissioner Henning's travel budget. I. MISCELLANEOUS CORRESPONDENCE 1. Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1. Recommend that the Board of County Commissioners approve a document for Ninth Year State Criminal Alien Assistance Program (SCAAP) Grant Funds. 2. Recommend that the Board of County Commissioners serve as the Local Coordinating Unit of Government in the Florida Department of Law Enforcement's Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant, approve the Sheriffs Office Grant Application, authorize acceptance of the Grant Award, and approve associated budget amendments. 3. Recommend that the Board of County Commissioners make a determination that the purchases of goods and services documented in the Detailed Report of Open Purchase Orders opened from December 25, 2004 through January 7, 2005 serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. A copy of the Detailed Report can be viewed at the County Manager's Office, 2nd Floor, W. Harmon Turner Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, FL. K. COUNTY ATTORNEY 1. Recommendation that the Board of County Commissioners Approve a Stipulated Final Judgment Relative to the Acquisition of Parcel 132 in the Lawsuit Styled Collier County v. First National Bank of Naples, et aI., Case No. 04-3587-CA (Immokalee Road Project #66042). 2. Recommendation that the Board of County Commissioners Authorize the County Attorney's Office to Make a Business Damage Offer to Settle a Claim for Business Damages by Wal-Mart Stores, Inc., d/ b/a Sam's Club associated with the Acquisition of Parcels 135, 735A and 735B in the Lawsuit Styled Collier County v. Wal-Mart Stores, Inc., et aI., Case No. 04-3632-CA (Immokalee Road Project #66042). 3. Recommendation that the Board of County Commissioners Approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be Drafted Incorporating the Same Terms and Conditions as the Mediated Settlement Agreement Relative to the Acquisition of Parcels 128 and 728 in the Lawsuit Styled Collier County v. Terry L. Lichliter, et al. Case No. 03-2273-CA (Golden Gate Parkway Project No. 60027). 4. Recommendation that the Board of County Commissioners Approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be Drafted Incorporating the Same Terms and Conditions as the Mediated Settlement Agreement Relative to the Acquisition of Parcels 117 and 717 in the Lawsuit Styled Collier County v. Jack E. Green, et al. Case No. 03-2227-CA (Golden Gate Parkway Project No. 60027). 5. Recommendation to approve settlement payment of $750.00 by Collier County in the lawsuit entitled: Brandi L. Walkowiak-King vs. Collier County, originally filed in the Twentieth Judicial Circuit, in and for Collier County, Florida, case no.: 02-443 CA. 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 QUASI- JUDICIAL 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. Recommendation to approve Petition AVPLAT2003-AR4686 to disclaim, renounce and vacate the County's and the Public's interest in a portion of the 20 foot wide drainage easement located along the rear of Lot 86, according to the plat of "Port Of The Islands (The Cays) Phase II" as recorded in Plat Book 21, Pages 1 through 4, Public Records Of Collier County, Florida, located in Section 9, Township 52 South, Range 28 East. B. SE-04-AR-6485, an Ordinance amending Ordinance 02-53, the Mcintosh Professional Office Complex to correct a scrivener's error in the Legal Description for property that is located on the northeast corner of Goodlette-Frank Road (C.R. 851) and 13th Avenue North, in Section 34, Township 49 South, Range 25 East, Collier County, Florida. C. This item was continued from the January 11, 2005 BCC meeting. PUDEX-2004-AR-6694 Bayview Villas, LLC, represented by Dwight Nadeau, of RWA, Inc., requesting a two-year extension of a Planned Unit Development (PUD) zoning granted by Ordinance No. 2000-05, pursuant to LDC Section 10.02.13.D for the North Port Bay PUD. The property, consisting of 46.33 acres, is located north of U.S. 41 (Tamiami Trail), east of the Fahka Union Canal, in Sections 4 & 9, Township 52 South, Range 28 East, Collier County, Florida. This petition was continued from the January 11th, 2005 Board of County Commissioners regular meeting. D. PUDEX-2004-AR-6630 Amy Turner, Tammy Turner Kipp and BRT Coastal Investments, property owners, represented by Wayne Arnold, of Q. Grady Minor and Associates P.A., requesting a two-year extension of the Vanderbilt Trust 1989 Planned Unit Development (PUD), pursuant to LDC Section 10.02.13, for a 7.84+ acre tract located on Vanderbilt Beach Road, approximately 1,1.. mile east of Livingston Road, in Section 31, Township 48 South, Range 26 East Collier County, Florida. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING Januarv 25. 2005 Item 16A5: The Fiscal Impact section, under Broadband Infrastructure, the fourth sentence should read: "Additionally, the participating company must pay their annual tangible (rather than annual ad valorem property) taxes to the County, in full, prior to a request for payment." (Staff request.) Move Item 16A6 to 10F: Recommendation to approve the application for the Job Creation Investment Program, the Advanced Broadband Infrastructure Investment Program and the Fee Payment Assistance Program by Guadalupe Center, Inc., and provide for the waiver to pay the upfront fifty-percent of the estimated Transportation Impact Fees at Final Site Development Plan approval, but instead pay all impact fees, in full, at issuance of the building permit through the Fee Payment Assistance Deferral Agreement. (Commissioner Henning request.) Move Item 16K2 to 12B: Recommendation that the Board of County Commissioners authorize the County Attorney's Office to make a business damage offer to settle a claim for business damages by Wal-Mart Stores, Inc., d/b/a/ Sam's Club associated with the acquisition of Parcels 135, 735A and 735B in the lawsuit styled Collier County v. Wal-Mart Stores, Inc., et aI., Case No. 04-3632- CA (Immokalee Road Project #66042). (Commissioner Coletta request.) NOTE: Items 17C and 17D requires that all participants be sworn in and Ex Parte disclosure be provided by Commission members. Time Certain Items: Item 9B to be heard at 10:30 a.m.: Discussion regarding the Pelican Bay Annexation report. (Commissioner Henning.) Item 10D to be heard at 11:00 a.m.: Recommendation for the approval of the second Conservation Collier Active Acquisition List and direction for staff to actively pursue projects recommended within the A Category. (Joseph K. Schmitt, Administrator, CD&ES) Item 12A to be heard at 11 :30 a.m. Recommendation that, pursuant to Ordinance No. 2001-55 (sometimes referred to as the "Advisory Board Ordinance"), the Board of County Commissioners adopt Resolution No. 2005- _ establishing the Caribbean Gardens Task Force Committee and discuss any continuing role of the staff in connection with the volunteer Blue Ribbon Committee. .__.~_.- Agenda Item No. 4A January 25, 2005 Page 1 of 2 ~ PROCLAMA TION WHEREAS, the Indians, Immolcalee High School's football team, a Oistrict 6 Class ZA team, Wøtl their first state championship game against Madison County: and, WHEREAS, the Immolca/ee Indians started the season 1-Z and then proceeded to reel off 10 straight wins to finish the year 11 -Z: and, WHEREAS, the Immoka/ee Indians shut out their opponents in three consecutive playoH games - the Region 3 semlflfIQl, the Region 3 championship and the Class ZA state semifinal: and, WHEREAS, the dedicated and loyal fans of the Immoka/ee Indians never lost faith even when their team was trailing by one point late In the ~ quarter of the state championship game: and, WHEREAS, the Immokalee Indians proudly accepted the role of underdogs throughout their championship season: and, WHEREAS, the Immokalee Indians ultimately defeated Madlsøtl County 17- 15 to win the school's first football championship since the program started In 1951: and, ~ WHEREAS, the Immokalee Indians were guided to the championship by their well-respected and Inspirational head coach .Tohn Weber along with the leadership provided by 13 seniors. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that .Tan. Z5, ZOO5 be designated as IMMOKALEE HIGH INOIANS OAY OONE ANO OROEREO THIS Z5th Oar of .Tanuary BOARO OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIOA , CI-IAIAA1AN ATTEST: OWISHT E. BROCK, CLERK ~ --..-.,-----.-'""..---.'"' "."-.,,.. " Agenda Item No. 4A January 25, 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date 4A Proclamation to recognize the Immokalee High School Football Team and Coach Weber for becoming the Class 2A State Football Champions. To be accepted by the football team, Coach John Weber, Principal, Armando Touron; and Linda Ayer. 1/25/20059:0000 AM Item Number Item Summary Prepared By Date Kathleen Martinson Administrative Aide to BCC 1/11/200512:16:20 PM Board of County Commissioners BCC Office Approved By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office 1/12/20051:00 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1/13/200510:44 AM PROCLAMA TION Agenda Item No. 48 January 25, 2005 Page 1 of 2 .- WHEREAS, the safe use of hazardous material is essential to business, industry and local govemments to maintain ecønømic stability, and to protect the citizens of the Ninth Planning /)istrict of Florida; and, WHEREAS, it is essential to plan and prepare for the accidental release of hazardous materials and to protect the well-being of all citizens and visitors in the /)istrict; and, WHEREAS, response teams, such as fire, police, and emergency medical services must 1cnøw the types of hazardous materials and chemicals that are being used and stored in the event of an incident to respond safely; and, WHEREAS, all citizens have a Right-to-Knøw the types of hazardous materials and chemicals in their communities, and a Right-to- Know the proper procedures to take in case of an accident or emergency. -- NOW THEREFORE, be it proclaimed that the Bøard of County Commissiøners of Collier County, Florida recognize the importance of community øwøreness of the "Emergency Planning and Community Right-to-Know Act" enacted by the United States of America, and hereby declare the week of .January 23-29, 200!J, as Emergency Planning and Community Right-to-Know Awareness Week in Southwest Florida. OONE ANO OR/)ERE/) THIS Z!lh day of January Z5, Z005 BOAR/) OF COUNTY COMMISSIONERS COLLIER COUNTY, Fl..ORIOA FREO W. COYLE, CHAIRMAN ATTEST: OWISHT E. BROCK, CLERK ~ Agenda Item No. 4B January 25, 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 48 Proclamation to recognize January 23-29, 2005 as Emergency Planning and Community Right-to-Know Act To be accepted by Rick Zyvoloski. Emergency Management Coordinator for Collier County. Meeting Date 1/25/20059:00:00 AM Prepared By Date Kathleen Martinson Administrative Aide to BCC 1/11/200512:22:49 PM Board of County Commissioners BCC Office Approved By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office 1/12/20051:02 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 1/13/200511:00 AM PROCI..AMA TION Agenda Item No. 4C January 25, 2005 Page 1 of 2 - WHEREAS, J'ønuary 17, 2005 marks the 299'" birthday of OINI of America's most noteworthy founding fathers... author, inwntor, printer, philosopher, musician, statesman, and diplomat, Be'Úamin Franklin; and, WHEREAS, BenJamin Franklin is credited with establishing the first free lending library in the United States; and, WHEREAS, the public library provides a hawn for the free exchafl!Jfl of ideas and is the cornerstone of the American way of life; and, . WHEREAS, the Friends of the Ubrary of Collier County, Inc. is committed to supporting our public library system and our community: and, WHEREAS, during the past sewn years, the Friends organization has donated in excess of $500,000.00 to the Collier County Public L.ibrary System,' and, WHEREAS, this lrICIMy is distributed to all library locations for many purposes, including a new circulation desk at the Immoka/u Branch, patio furni'trJre for the Marco Island Ubrary reading patio, the underwriting of the classic, foreign, documentary, and themed film programs, and many other special programs and _rvices offered at 011 Collier County Public L.ibrary branches; and, WHEREAS, the Friends organization is committed to a membership drive that focuses on honoring Benjamin Franklins vision by supporting library progroms and services, and, - WHEREAS, providing free access to works of litera'trJre, films, periodicals, and more can only _rve to enhance knowledge, offer enlightenment, and thereby strengthen a community in which the importance of public libraries is recognized; and, WHEREAS, J'anuør')' 17, 2006 will mark Be'Úamin Franklins tri-centennial birth date. NOW THEREFORE, be it proclaimed by the Bøørd of County Commissioners of Collier County, Florida, that extreme gratitude and appreciation is extended to the membership of the Friends of the LIbrary for this successful partnership between the public and private sectors of our community. It is acknowledged that an inves1'ment in our public libraries is not only on investment in the future, but in our present as well. We, the Bøørd of County Commissioners, reaffirm our commitment to ø high quality public lIbrary by proclaiming J'anuary 25, 2005 through January 17, 2006 as A YEAR OF CELEBRATrON Of THE LIFE ANt> VISION OF AMERICAN STATESMAN BENJAMIN FRANKLIN and in doing so, honor the Friends of the Library for their exceptional commitment to the residents of Collier County, Florida. OONE ANt> 50 ORt>EREt> THIS 25TH day of January 2005. BOARt> OF COUNTY COMMISSIONERS COUIER COUNTY, FL FREt> W. COYLE, CHAIRMAN ~ ATTEST: t>WIGHT E. BROCK, CLERK Agenda Item No. 4C January 25, 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date 4C Proclamation to recognize January 25, 2005 through January 17. 2006 as A Year of Celebration of the Life and Vision of American Statesman Benjamin Franklin To be accepted by Mr. Ardyn Long, President of Friends of the Library. 1[25[20059:0000 AM Item Number Item Summary Prepared By Date Kathleen Martinson Administrative Aide to BCC 1/12/200511 :42:57 AM Board of County Commissioners Bce Office Approved By Sue Filson Executive Manager to the BCe Date Board of County Commissioners BCC Office 1/12/20051:04 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 1/13/200511:10 AM -- _ PROCLAMA TION Agenda Item No. 40 January 25, 2005 Page 1 of 2 WHEREAS, Marco Island visionaries, the Mackie Brothers-Elliott, Robert, and Frank J'r., are responsible for the mode,." development of Marco Island; and, WHEREAS, that vision included a complete range of resort and leisure living, hotels, condominium, and homcs, all set In a tropical paradise; a sun-drenched jewel on the Gulf of !ttcxlco; and, WHEREAS, Marco Island, Florida's 40dh city, continues its heritoge with on Ideal mix of restaurants, retail stores, and commercial serviccs to support more than 5,000 single-family residential homes, 10,000 condOlf/inlum units, 2,000 hotel units, and 16,000 permanent residents; and, WHEREAS, the people of Collier County congratulate the citizens of Marco Island for continuing the dream of the Mackie Brothers for 40 years since their grand opening on J'anuary 31, 1965; and, WHEREAS, Marco IsIGlld, with Its white sandy bcochcs along the bright blue Gulf of Mexico ond Its lush tropical setting, dcservcs its 40 years of recognition as "Paradise... -- NOW THEREFORE, be It proclaimed by the Boord of County COIf/missioners of Collier County, Florida, on behalf of the residents of Collier County, hereby proclaim Its special congratulations to residents of Marco Island In recognition of their 4d" Anniversary Celebration. DONE ANI) ORI)EREI) THIS Z!f'1l)ay of J'anuary BOARI) OF COUNTY COMMISSIONERS COUIER COUNTY, FLORIOA !=REI) W. COYLE, CHAIRMAN ATTEST: I)WIGHT E. BROCK, CLERK ,-.- Agenda Item No. 4D January 25, 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 40 Proclamation to congratulate the residents of Marco Island in recognition of their 40th Anniversary Celebration. To be accepted by Terri DiSciullo, Council ChailWoman for the City of Marco Island Meeting Date 1/25/20059:00:00 AM Prepared By Date Kathleen Martinson Administrative Aide to BCC 1/12/2005 11 :48:30 AM Board of County Commissioners BCC Office Approved By Sue Filson Board of County Commissioners Executive Manager to the BCe Date Bee Office 1/12/20051:03 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 1/12/20056:30 PM PROCLAMA TION Agenda Item No. 4E January 25, 2005 Page 1 of 2 - WHEREAS, the Naples .Tunior Chamber of Commerce has been a vital part of the development of young leaders in our community for over the past forty years: and, WHEREAS, the Naples .Tunior Chamber of Commerce serve and continue to serve the under-privileged citizens In our community: and, WHEREAS, the Naples .Tunior Chamber of Commerce support the enhancement for professional and business advancement: and, WHEREAS, the Naples .Tunlor Chamber of Commerce promotes and fosters the Individual growth and development of young persons across their community: and, WHEREAS, the Naples .Tunlor Chamber of Commerce teaches and Impresses upon their Individual membership a spirit of genui". Americanism and civic Interest: and, WHEREAS, the Naples .Tunior Chamber of Commerce provides the opportunity for personal development and achievement and an avenue for participation In the affairs of the community, state, and nation,' and, - WHEREAS, the Naples .Tunlor Chamber of Commerce develops true friendship and understanding among young persons of all nations. NOW THEREFORE, be It proclaimed by the Board of County Commissioners of Collier County, Florida, that .Tanuary 16th-22nd, ~ be designated as NATIONAL .TAYCEE RECOGNITION WEEK OONE ANO OROEREO THIS 25th Oay of .Tanuary, 2005 BOARO OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIOA FREO COYLE, CHAIRMAN ArrEST: OWIt;HT E. BROCK, CLERK ~ Item Number Item Summary Meeting Date Agenda Item No. 4E January 25, 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 4E Proclamation to have recognized January 16th through January 22nd. 2005 as National Jaycee Recognition Week. To be accepted by Rebekah Pastor, Naples Jaycee's 2005 President. 1/25/2005 900:00 AM Prepared By Date Kathleen Martinson Board of County Commissioners Administrative Aide to BCC 1/18/20058:58:22 AM BCC Office Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 1/19/20059:24 AM Agenda Item No. 4F January 25, 2005 Page 1 of 2 ,- PROCLAMA TION WHEREAS, the Philharmonic Center for the Arts Cultural Complex is the leading arts center in Southwest Florida, encompassing both world-class visual and performing arts, along with arts education; and, WHEREAS, the Naples Museum of Art and the Philharmonic Center for the Arts are dedicated to enlightening, educating, and entertaining citizens of all ages in Collier County Qf1d the surrounding area; and, WHEREAS, the 2004-0ð season is the Fifth Anniversary Season at the Naples Museum of Art; and, WHEREAS, the Naples Museum of Art is one of only three museums in the United States that will present the blockbuster exhibition Matisse, Picasso & Friends: Impressionism to Surrealism; and, ,- WHEREAS, the exhibition Matisse, Picasso & Friends will feature masterworks of painting and sculpture by such artists as Matisse, Picasso, Channe, Rodin, Gauguin, and Van Gogh; and, WHEREAS, most of the artwork in Matisse, Picasso & Friends has never bun seen before in the State of Florida; and, WHEREAS, visitors and media will come to the Naples Museum of Art from around the state and other parts of the country to experience these masterworks. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that February 4th through May 1st, 200ð, be designated as MA TISSE, PICASSO & FIUENDS SEASON OONE AND ORDERED THIS z!f" Day of January 200ð BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN ~ ATTEST: DWIGHT E. BROCK, CLERK Item Number Item Summary Meeting Date Agenda Item No. 4F January 25,2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 4F Proclamation to recognize February 4th through May 1st, 2005 as Matisse, Picasso & Friends Season. To be accepted by Jackie Lane, Creative Director for the Philharmonic Center for the Arts. 1/25/20059:00:00 AM Prepared By Date Kathleen Martinson Board of County Commissioners Administrative Aide to Bce 1/18/20059:06:29 AM BCC Office Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 1/19/20059:22 AM Agenda Item No. 5A January 25, 2005 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to recognize Ana Fuentes, Customer Service Specialist, Administrative Services Division, as Employee of the Month for January 2005 OBJECTIVE: To recognize Ana Fuentes as Employee of the Month. CONSIDERATIONS: Ana is a Customer Service Specialist assigned to the Information Technology Department Business Applications. Ana is a very quick study and is always willing to go above and beyond her assigned job functions. This was evidenced when she immediately mastered the SAP Applications and assisted the Help Desk in answering customer questions during the conversion. When the Novus Agenda was implemented, she volunteered to assist and demonstrate the use of the scanners to our internal customers. ..--. In addition, Ana also exceeds her customers' expectation on a regular basis. She consistently completes her assignments prior to their due dates and with complete accuracy and thoroughness. Her customers never need be concerned that any detail might be overlooked. She anticipates their needs and meets and exceeds these needs before she is asked. Ana has taken on personal development to learn Training skills and is applying these skills to help the IT Trainers. Ana also provides proofing and testing of training materials prior to publication and distribution to the user community. Ana has implemented more efficient procedures for "Purchasing Requests" which provides a cost savings and utilizes resources more effectively. Ana has been able to expand her Fiscal job duties beyond the Business Applications Section and now provides clerical/fiscal support to GIS, Telecommunications, Security and Administration sections. Ana is extremely diligent in carrying out tasks for her co-workers and does so in a timely manner and her ability and willingness to go above and beyond the call of duty is a great asset to the IT Department and Collier County Government. FISCAL IMPACT: "Employee of the Month" selected receives a $150.00 cash award. Funds for this award are available in the Department Budget Cost Center. RECOMMENDATION: That Ana Fuentes is recognized as the "Employee of the Month" for January 2005. PREPARED BY: Dawn Ragone, Administrative Assistant, Human Resources Department. ,-.. Agenda Item No. SA January 25, 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 5A Meeting Date Recommendation to recognize Ana Fuentes, Customer Service Specialist, Administrative Services Division, as Employee of the Month for January 2005. 1/25/20059:00:00 AM Prepared By Date Dawn Ragone Administrative Assistant 1/6/20053:26:13 PM Administrative Services Human Resources Approved By Jean Merritt Human Resources Director Date Administrative Services Human Resources 1/6/20053:31 PM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 1/11/200511:18 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1/12/200511 :56 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1/13/200511:52 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1/13/2005 12:16 PM Agenda Item No. 6A January 25, 2005 Page 1 of 3 ~ COLLIER COUNTY MANAGER'S OFFICE 330J East Tamiami Trail. Naples, FL 34112 . 239-774-8383 . Fax 239-774-4010 January 4, 2005 Mr. Tom Mooney 857 1 o 7th Avenue North Naples, FL 34108 Re: Public Petition Request to Discuss Storm Water Management in Naples Park Dear Mr. Mooney: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of January 25, 2005, regarding the above referenced subject. _. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, CZ!£~ County Manager JVM/jb cc: David Weigel, County Attorney Norm Feder, Transportation Services Administrator - c o t~ . .. c ø K " t , - ^.. >o____........._._.~"'~__ Request to Speak under Public Petition Agenda Item No, 6A January 25, 2005 Page 2 of 3 Please print Name: ¡OM m()()~ ey -......I (67 f07f!2 ~ IV r\!¥lef( ~ :slflof ~- [:;-1-- l/l7~ Address: Phone: Date of the Board Meetina you wish to speak: Please explain in detai/the reason you are reQuestina to sDeak (attach additional pace if necessary): p/en£f d'et 0JÞchd Please explain in detail the action YOU are asking the Commission to take (attach additional pace if necessary): ~íL Sêt Ct~¡j C:\Docurnents and Settings\johnson_c\Local Settings\Ternporary Internet Files\OLK4\Public Petition Request Fonn,doc Agenda Item No. 6A January 25, 2005 Page 3 of 3 I am requesting to speak to the Board of Commissioners regarding the lake located in the SOO block of Naples Park. between 107th and 10Sth Ave North. I have met with both Stan Chrzanowski and Robert Wiley on several occasions, as well as with Commissioner Halas. I have discussed in detail the situation with the lake, but have not been able to solve our dilemma. It is common knowledge that the lake plays a vital role in storm water management in the 800 block, as well as Naples Park in general. The lake depth as required by Collier County Code is 12-20 feet, the lake is no where near that depth. Sediment and run off continues to fill our lake, each year the aquatic and plant life dies off as the lake goes dry. Health and safety concerns have also arisen, rodents, mosquitoes, and exotics have become an issue. EMS has been called on several occasions due to hazardous conditions. We have asked the County for help with dredging, removal of exotics and other overgrown plant life, with no success, yet they continue to use it for storm water management. The property owners abutting the lake have met and we are asking for your help to bring this matter to a conclusion. The property owners are requesting that the lake be dredged and brought up to code, both on depth and removal of exotics. If the County wishes to use our lake for storm water management purposes, we think it justified that we receive help maintaining a functioning lake. According to a title search, it has been found that the lake is actually the property of the homeowners. One option is to fill in the lake and distribute the property amongst the 34 property owners. We have been told this would cause an issue for storm water management in this area, yet no one is willing to maintain or rectifY the situation with our lake. Time is of the essence, as there is only one remaining undeveloped lot surrounding the lake. The lot owner is willing to allow the property to be used for lake access provided the process is expedited and accomplished shortly. After speaking with County Engineers and an Attorney, we are asking you, the Collier County Board of Commissioners for your help in solving this matter. Agenda Item No. 68 January 25, 2005 Page 1 of 2 ~ COUlER COUNfY MANAGER'S OFFIŒ 3301 East Tamiami Trail. Naples, FL 34112 . 239-774-8383 · Fax 239-774-4010 January 12, 2005 Mr. Donald Schummer 2455 Santa Barbara Boulevard Naples, FL 34116 Re: Public Petition Request to Discuss Motion of the Board to Purchase Right-of-Way Along West Side of Santa Barbara Boulevard Between Golden Gate Parkway and Pine Ridge Road Dear Mr. Schummer: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of January 25, 2005, regarding the above referenced subject. - Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. JVM/jb cc: David Weigel, County Attorney Norm Feder, Transportation Services Administrator .-. c ø l~ . " c ø H " t 1 Agenda Item No. 68 January 25, 2005 Page 2 of 2 l1,equcst to Speak uodt:r Public Petition Name: Donald H. Scbummcr 2455 Santa Børbam Blvd. Naples, FL 34116 Phone: 239 4550143 Date of the Board Mcc1ing you wish to speak: .. Jan 25. 2005 Please explain in detail the ICaSOn YOU arc rc:aucstina to søeak (attach additional DUe if ~); Reference 8 pre'YÏOUS motion by the Board to putcbasc rigbt-ot:'way aloög the West side of Santa Barbara Blvd. Between Golden Gate Pm:k.way and Pine Ridge Road in order to widen the road 10 six 1aoes. Røquestiug 1hat be repealed due to the fact it was based on flawed information in rcgard.c; to the projected traffic:: on SaD1a Barbera Blvd for 2005. The tra:ffie bas actually been reduced on the road since the completion ofLivingstDn Rd. Most main arteries in the county are not six lanes and this is a road 1hrough a residential district that goes no where. Money saved by not purchasing this right-of-way. could go a long way in corrected traffic on roads in the county 'Where it is urgently needed Pleas explain in deœil the action YOU arc askin2 the CO'ln~1ssion to take (attach. additional page if necessary): Requesting that a previous motion to p1Udlase the right-of-way be repealed. Bring Santa Barbara Blvd. Up to grade. resurfaced the !om lanes. put in a curb and sidewalks, plaœ irrigation line in median for future use, and make minor changes to some ì.nJ.er.¡t(,'Ûons. Thiø would be between the Parkway and Ote&n Blvd. Wrth the sidewalk abuUiag the curb. no need for any more property for the road.. UI/"Œ 39'i1d EPtø99P6E~ EE:60 9ø0~/tt/t0 Agenda Item No. 6C January 25, 2005 Page 1 of 8 ~ COLLIER COUNIY MANAGER'S OFFICE 3301 East Tamiami Trail. Naples, FL 34112 . 239-774-8383 · Fax 239-774-4010 January 13, 2005 Mrs. Nancy F. Lange 7533 Lourdes Court Naples, FL 34104 Re: Public Petition Request to Discuss Refund of Impact Fees Charged In Error Dear Mrs. Lange: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of January 25, 2005, 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 wilt begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. ' If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, ~.-?' ./ / º Ý.77~ James V. Mudd County Manager JVM/jb cc: David Weigel, County Attorney Joseph Schmitt, Administrator, C.D.&E.S. -- c ø !~ . I' c ø K " t , - Reauest to Speak under Public Petition Agenda Item No. 6C January 25, 2005 __ Page2of8 ~.1:õIJ COUNTY MANAGER OF'JIK:E Please print JAN 13 2005 Name: AI /IANCY F /...11¡Y GE ACTION FH Address: 7533 LOu~DE.5 Lr;:)u f<. T /Yftfl£5, FL 34/0,-/- Phone: ~ 39- 77if- ~~9,;J.,. Date of the Board Meetinq YOU wish to speak: JßNUI9~,/ ;:<~ ;;"oD5 Please explain in detail the reason yOU are reauestina to speak (attach additional paae if necessary): w~ 0""l.IMU-& l%t-lt 133 hv In,¡W-eJ- W~Lht~ ¡;....;~'ð /99ð' (/ ll.Al .&ru.~ CL ~ ~tJ..J... o.-Æ ~tP- 0lL/V Pmrc;Ã:, ~LS 7ë ~ ('.I'rt'A1~ . r~, ;2DOO fAil fJ.fC~ 1J}:9/w-y\~.",;:L /U4.Ù::&..J..» et Arúd"" ancL v i?-'~~ Lù~d ~ ~. crt (.AJ(Y.4.J .?'Uft. ~ éJ..oo If t:Jïo.;t: IA.M- .IPtvlAU&... t:h.oJt. 'fu. ~rc:.:t.. tÝ.lA-J t..L.<L h ~cR- fci<ðL ~ /nfÝC ~ a a- eR t;7¡r:d:; t:ta. ~ hpoL (}W./Lí'~ 0ÆfY,C LV-' If-¡j 1 d¿, 7;l.. 8; ~ (rv [>cuJ '^' .'5./ð~ ). ~ t:tü-. -:bh~ c>o_u ~ p~(À.:f~,....J (tl.U- t:u..d...-oT"F- Ù1c.to-.a) (/ ( $.e..t.. (jð~ ~ ) Please explain in detail the action YOU are askina the Commission to take (attach additional pace if necessary): ~ ~~ th'Id r:;¿ w~&. ~ Th h~ -tt..u- &tlAdL of ~(J f~~ ~ ~ ~ ~&.. .~¿ ~ ~""'t ~ ~ ~..¿. ~~ w.Jr;..cJv Wew-ltf¿ ruft~t. .""t:tt..L- I..LV'\...,"Y1/§ ~ -+1) ~.~ ¡qqg ~ (3·t~ ~, ""\\^/IÞ..lnt"'\\AJ<::\A"",li.roatin", ne.o\n..ol"'^rnf'n'I:IIAn._'ð.....,...h\DllhU,. CaHti"," gOl"tltOOt J:'","", ,.ani"'> ~ þ .~~) t:õ 4f~ Agenda ~O'.f2..C Januor ,2085 Page 3 of 8 lÞ.L lM..Vv- ~V(~ -8-cJ ~ ~ ~d ~eo-t ?t-k CìWA.Vh/AA~ó2. F wc-tAR lQ ~ ~--:J 1::ò ."1;tv.. c,.-u ~ ~ \.u.--ko 6>cv.,¡¿:..Dt.. ~ I'~¿tv~ a>~ 'D ~ ~ç.1:.. þ"-') ~ ~ 1 h~ ~ò-~ ~ ~ Ìì1.-ð. d~-.J (TJ.--Y' (~~~ '?-Yra~ o-..-...d. ....i-¥L- ~ _~ ~ Iwv d;;L. &.. a....r (~ :;LOD '-II cA&.. .-?1-(J- ~~ ar~, ~ Yu.~~ .~s ~ ~ ~ alZl--.oi.<d. ~ '~ð Õ .~ /'3vcucP. Pð ~ ~t~ t??V n~ 30 I .;:to 0 4 ~ ~"-'- ~ --;:t.o..t¿¿ ~o.t ~ ~ ~ (¡.J o-v .Å..--J ~ o--..k-"t~.;::t: ~ ~eJ¿ ~~ w()7.A.lØ2 -6-t ~ "'l:ÄA-L ðYI êi:....¿. 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( ~/'> .--y:';) 7'":" (~-·4:j,.~_- // Agenda Item No. 6C January 25, 2005 Page 8 of 8 Official Receipt - Collier County Board of County Commis~ioners CDPR1103 - Official Receipt Trans Number ·552fr-------· Date -----TPõstDate - 1/14/98 3:35: 14PM--=.~:-JygH~a" . Payment Slip Nbr PT 98010080 - --. . ._--- .-.-.'" ._- Address: 133 CHEETAH DR Owner: LANGE. CARL W=& NANCY F COA #: 764 Permit Type: BRPM Job Desc: PARK MODEL TIE DOWN 100 AMPS Aoplicant: NICK DBA: HEARTLAND PARK HOMES. INC. Pa)-:>r: LANGE CARL & NANCYIPERMITS EXP Fee Information .--.---.....-.. .~- Fee f()d_e...!.oe~~ription. .._ _ i_~·~Acco~nt "'. . . ." .' j ~~?SDC.¡_?"§\lYER SYSTEM CHARGE _____J41~~36.1134356000000 ¡ ~~!V1£.§º_}..tICROFILM SURCHARGE __._~_11313~9º-º-ª~144200000 . O~BDG§_~~!A TE RADON GAS .. ... .. ~..._-Í 113Q.9qO.OO20880000000 ¡ 08RGPK i REGIONAL PARKS IMPACT FEE ; 34515640136399400000 :(}8-rL~~'Iºf~T 4 ROAD IMPACT FEE-TRJ\'?§Lj-ª-361~6365036357000000 : 08BACR \ BLDG. PERMIT APP. FEE CREDIT ' 11313890032251000000 : OBSCHT iSCHOOL BOARD IMPACT FE'É"--"'Tff300ÕOÖ020905000000 :ö8"écÃC' -:'S-.c.A.1. ....-. -"'11300000020882000000 ,08SPNf,--;'SLDG PERMITS - NAPLES ...' -'---;-11313'890Ö32211000000 ¡ Ö~f:lNP~:Iç_9.~M_U!-I.rfy PARK-NAPLE~ "=-__J36ã15~f8363~~50ÖOOO · ~¡!~~j~i~~i~~*~~E~J~::__ l1f~mfoi~= Total ..,._ _·_._..'m.~_·_··_··· Payments ,--,., ---- --,'--' - .....,........... .... Payment Code . CHËêK' .,.. :cH'ËcK , CHECK Account/Check Number 6837 6838 3066 --~'---'- _.____,__Hh .___ -'---"-' ...-. -'.- -._----,-_. Memo: i~Ç;CLS~ \~~~'\ ~- \ Total Paid Totai Cash Total Non-Cash V 1/ if Amount: Waived $540.00 '"1> - $iÖO' $2:ÔO" $179.00 ' $845.00 -/ $-100.00 "; $1234.00 " $2.00 '. $149.00 . $399.00 ; " $32~OO' , . .. -. ---'.p --- ~'- $84.15 $180.52, $3548.67 >, ,v 'V'" Amount $2871.52 $540.00 $137.15 $0.00 $3548.67 $3548.67 t )1~ "ó ~y; I . t1k. ~cl1.I 4Y1~ CJ1Y\eJ.. ~ t...~ ~ ~.""""tN-",,¿. ~ ~¿;~~ Cashjerllocation: TERILLA_J / 1 () U User: ANnF=R~()1\1 1\1 -tõ Ï;v\kJ-,... ~ ~ ~ ~~dL. -,-_."._~-- Agenda Item No. 8A January 25, 2005 Page 1 of 15 EXECUTIVE SUMMARY Recommendation to approve Petition No. CPSS-2004-1 requesting a SmaU Scale Amendment to the Golden Gate Area Master Plan and the countywide Future Land Use Maps so as to expand Activity Center # 15 in Golden Gate City by adding .83 acres. OBJECTIVE: To obtain approval of a Small Scale Amendment to the Golden Gate Area Master Plan Future Land Use Map (FLUM), Map 4- Urban Mixed Use Activity Center Golden Gate Parkway and Coronado Parkway, Map 8- Golden Gate Parkway Professional Office Commercial Subdistrict and the countywide Future Land Use Map Series (Activity Center Map #15) so as to expand the Activity Center by adding .83 acres located at the northeast comer of Golden Gate Parkway and 52nd Terrace S.W. in Section 28, Township 49 South, Range 26 East (Golden Gate Unit Six, Block 201, Lots 1 and 2), which would allow a rezone for a commercial development. CONSIDERATIONS: The proposed action would change the designations of two adjoining lots. One, containing .4 acres, currently falls within the Urban Residential area of the FLUM series. The adjacent lot, containing .43 acres, currently falls within the Golden Gate Parkway Professional Office Commercial Subdistrict (GGPPOCS). The new designation to Mixed Use Activity Center would allow a rezone petition consistent with that designation. Petitioner has submitted a companion rezone application for PUD with low intensity retail and office uses. The requested map change would not create any substantial impacts on public facilities, nor does it raise any compatibility issues. Although one lot presently falls within the GGPPOCS, its commercial development would require variances and would not promote a common theme envisioned for that Subdistrict, given its location. -- This petition is submitted as a "small scale" Plan Amendment. As such, the petition is only heard by Collier County Planning Commission (CCPe) and Board of County Commissioners (BCC) once where it is either approved or denied; the petition is not transmitted to Department of Community Affairs (DCA) for preliminary review and comment then subsequent adoption hearings by CCPC and BCC. Per Chapter 163.3187, Florida Statutes, there are limitations for this type of amendment, identified below, followed by staff comments in brackets [ ]. · parcel is ~ 10 acres in size [subject site, including two parcels, is .83 acres] · property was not granted a land use change within prior 12 months [no land use change has been requested or granted within this time] · proposed amendment does not involve the same owner's property within 200' of property granted a change within last 12 months [no such change has taken place within 200'] · no text change to the goals, objectives and policies is involved, only a site specific land use amendment to the future land use map series [petitioner only requests land use map changes] · site is not within an Area of Critical State Concern [the site is not in the ACSC] Agenda Item No. 8A January 25, 2005 Page 2 of 15 . for residential land use, density limit of 10 units or less per acre except for small scale amendments that are designated in the local comprehensive plan for urban infill, urban redevelopment, downtown revitalization, transportation concurrency exception areas, or regional activity center and urban central business district [the request is for inclusion in a Mixed Use Activity Center; commercial uses are anticipated] FISCAL IMP ACT: There are no fiscal impacts associated with this Petition. LEGAL CONSIDERATIONS: The petition for this small scale Growth Management Plan amendment is made pursuant to the terms and authority of Florida Statutes, Section 163.3187 (1) (c). GROWTH MANAGEMENT IMP ACT: The Activity Center concept is designed to concentrate new and existing commercial zoning in locations where traffic impacts can be readily accommodated, to avoid strip and disorganized patterns of commercial development and to create focal points within the community. The addition of these lots would be consistent with that concept. -'.' ENVIRONMENTAL ISSUES: The subject properties are cleared and partially improved lots adjacent to Golden Gate Parkway. There is no known plant or animal listed species on this site; this site is not identified on the County's Historical and Archeological Probability maps. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: This Petition was not reviewed by the EAC. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC held a hearing on this Petition on January 6,2005 and forwarded it to the Board of County Commissioners with a recommendation of approval (vote: 5 to 3). This Petition and the companion Rezone Petition (pUDZ-2004-AR-5987) were discussed jointly. Concerns about traffic impacts to Golden Gate Parkway were expressed. There were no public speakers at the CCPC hearing, and no correspondence has been received concerning this amendment. STAFF RECOMMENDATION: That the Board of County Commissioners approve Petition Number CPSS-2004-1. Prepared by: Kris VanLengen, Planner Comprehensive Planning Department -" Item Number Item Summary Meeting Date Agenda 11em No. 8A January 25. 2005 Page 3 of 15 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS SA RecommendatIon to approve the 2004 Cycle Growth Management Plan Small Scale Amendment. (Adoption cycJe) 1125/20059.00:00 AM Prepared By Planner 1/12/20058:01:40 AM Krls VanLengen Community Development and Environmenta! ServicE!'s DatE! Comprehcn61vot: Planning Approved By Date Sandra Lea Community Developme:nt & Environmental Services Executive Secretary Conlmunity Developme.nt & Environmental Servìce1ô Admin. 1/1212005 2:5ß PM Constance. A. Johnson Date Approved By Community DevelDpm~nt & Environmental Services Operations. Analyst Community Development & Environmrmtal S~rvices Admin. 1/1312005 8:03 AM Approved By Stan Lftsinger Community Development & Environmtmtal SÐrvicM ComprehensivE! Planning Diret.1o( Oat!! Comprehensive Planning 1/13/20058:32 AM Date Approved By Joseph K Schmitt Community Development & Environmental Services Community Development & Environmental Services Admins.trator COInmunity Development & Envíronmental Services Admin. 1/13/20055:.37 PM Administrativc Assistant Date Approved By OMS Coordinator County Manager's Office Office of Management & Budget 1114/2005 1: 30 PM Michael Smykowski Management & Budget Director Date Approv.d By County Manager's Office Office or Management & Budget 1118120052:16 PM James V. Mudd County Manager Date Approved By Board of County Comm¡ssíoner~ County Manager's. O1'tíCI? 1/191200510:29 AM Agenda Item No. 8A January 25. 2005 Page 4 of 15 ORDINANCE NO. 05- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS FOR A SMALL SCALE AMENDMENT TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE NO 89-05, AS AMENDED, SPECIFICALLY: AMENDING THE FUTURE LAND USE MAP SERIES (MAP OF ACTIVITY CENTER NUMBER 15), AND THE GOLDEN GATE AREA MASTER PLAN FUTURE LAND USE MAP SERIES, (MAP NUMBER 4 AND MAP NUMBER 8) TO SHOW AN INCREASE IN ACREAGE OF .83± ACRES FOR ACTIVITY CENTER NUMBER 15, WHICH PROPEPRTY IS LOCATED IN SECTION 28, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan (GMP) on January 10, 1989; and WHEREAS, the Collier County Board of County Commissioners adopted the Future Land Use Element Map Series, depicting Activity Center No. 15 Map on January 10, 1989; and WHEREAS, the Collier County Board of County Commissioners adopted the Golden Gate Future Lands Use Element Map Series, depicting Map Number 4 and Map Number 8, on May 9,2000, and WHEREAS, site specific boundaries for Activity Centers were adopted on May 9, 2000 by Ordinance Number 2000-26. WHEREAS, Timothy Hancock of Talon Management, representing C. Allen Kann, of Baldridge Real Estate, the applicant has submitted a request to amend the boundaries of Activity Center Number 15 Map, as depicted on the maps that are part of the Future Land Use Element Map Series and Golden Gate Area Master Plan Future Land Use Map Series of the Collier County GMP to expand the Activity Center by .83± acres; and WHEREAS, the amendment does not involve a change to the text of any part of the GMP including its goals, objectives, or policies; and WHEREAS, pursuant to Subsection 163.3187(1)(c), Florida Statutes, this amendment is considered a Small Scale Amendment; and WHEREAS, all applicable substantive and procedural requirements of law have been met. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA, that: ADOPTION OF SMALL SCALE AMENDMENT TO THE FUTURE LAND USE MAP SERIES AND GOLDEN GATE ARE MASTER PLAN MAP SERIES. SECTION ONE: This Ordinance shall be known as the CPSS-2oo4-1, Small Scale Amendment to the Future Land Use Map Series and Golden Gate Area Master Plan Future Land Use Map Series (Map Number 4 and Map Number 8) of the GMP to amend the boundaries of Activity Center Number 15. The Amendment, attached hereto and incorporated herein by reference as Exhibit A is hereby adopted to establish the amended Future Land Use Map Series, and Golden Gate Area Master Plan Future Land Use Map Series of the GMP. I Words underlined are added; words &truck thrololQh are deletions Agenda Item No. 8A January 25, 2005 Page 5 of 15 SECTION lWO: SEVERABILITY If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity ofthe remaining portion. SECTION THREE: EFFECTIVE DATE. This Ordinance (Small Scale Amendment) shall not become effective until 31 days after its adoption. If challenged within 30 days after adoption, this Ordinance shall not become effective until the State land Planning Agency or the Administration Commission, respectively, issues a final order determining the adopted Small Scale Amendment is in compliance. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this 25 day of Januarv , 2005. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: , CHAIRMAN Approved as to form and legal sufficiency: MARJORIE M. STUDENT, Assistant County Attorney 2 Words under1ined are added; words stNGk tl:lrowgh are deletions ..-.---...- Agenda Item No. 8A January 25, 2005 Page 6 of 15 CPSS-2003-1 Adoption Ordinance 3 Words underlined are added; words stRJGk thl'Oygh are deletions To: From: Agenda Item No. 8A January 25, 2005 Agenda Ifiøg~of15 STAFF REPORT COLLIER COUNTY PLANNING COMMISSION COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION, COMPREHENSIVE PLANNING DEPARTMENT JANUARY 6, 2005 CPSS-2004-1; PETITION REQUESTING A SMALL SCALE AMENDMENT TO THE GOLDEN GATE AREA MASTER PLAN FUTURE LAND USE MAP, MAP 4- URBAN MIXED USE ACTIVITY CENTER GOLDEN GATE PARKWAY AND CORONADO PARKWAY, MAP 8- GOLDEN GATE PARKWAY PROFESSIONAL OFFICE COMMERCIAL SUBDISTRICT AND THE COUNTYWIDE FUTURE LAND USE MAP SERIES (ACTIVITY CENTER MAP #15), TO EXPAND THE ACTIVITY CENTER BY ADDING A .83 ACRE PARCEL LOCATED AT THE NORTHEAST CORNER OF GOLDEN GATE PARKWAY AND 52ND TERRACE S.W., IN SECTION 28, TOWNSHIP 49 SOUTH, RANGE 26 EAST (GOLDEN GATE UNIT SIX, BLOCK 201, LOTS 1 AND 2). AGENT/APPLICANT: Agent: Tim Hancock, AICP Talon Management Inc. 3898 Tamiami Tr. N., Suite 202 Naples. FL 34103 Date: Subject: Petitioner: C. Allen Kann Baldridge Real Estate 11825 Manchester Rd. St. Louis, MO 63131 LOCATION: The subject properties, containing approximately .83 acres, are located at the northeast corner of 52nd Terrace SW and Golden Gate Parkway, within the area served by the Golden Gate Area Master Plan. REQUESTED ACTION: This petition seeks to amend the Golden Gate Area Master Plan (GGAMP) Future Land Use Map (FLUM), Map 4- Urban Mixed Use Activity Center Golden Gate Parkway and Coronado Parkway, Map 8- Golden Gate Parkway Professional Office Commercial Subdistrict and the Countywide Future Land Use Map series (Activity Center #15) to add the subject properties to Activity Center #15. One parcel, containing .40 acres, currently falls within the Urban Residential area of the FLUM series. The adjacent parcel, containing .43 acres, currently falls within the Golden Gate Parkway Professional Office Commercial Subdistrict (GGPPOCS). A companion Agenda Item No. 8A January 25, 2005 rezone will follow to change the current zoning on both properties from RMF-12 to PUD f6i'dow8 of 15 intensity retail and office uses. . This petition is submitted as a "small scale" Plan Amendment. As such, the petition is only heard by CCPC and BCC once where it is either approved or denied; the petition is not transmitted to DCA for preliminary review and comment then subsequent adoption hearings by CCPC and BCC. Per Chapter 163.3187, Florida Statutes, there are limitations for this type of amendment, identified below, followed by staff comments in brackets []. · parcel is ~ 10 acres in size [subject site, induding two parcels, is .83 acres] · property was not granted a land use change within prior 12 months [no land use change has been requested or granted within this time] · proposed amendment does not involve the same owner's property within 200' of property granted a change within last 12 months [no such change has taken place within 200'] · no text change to the goals, objectives and policies is involved, only a site specific land use amendment to the future land use map series [petitioner only requests land use map changes] · site is not within an Area of Critical State Concern [the site is not in the ACSC] · for residential land use, density limit of 10 units or less per acre except for small scale amendments that are designated in the local comprehensive plan for urban infill, urban redevelopment, downtown revitalization, transportation concurrency exception areas, or regional activity center and urban central business district [the request is for indusion in a Mixed Use Activity Center; commercial uses are anticipated] PURPOSE/DESCRIPTION OF PROJECT: The petitioner proposes to change the land use designations in order to allow a rezone application to PUD for low intensity retail and office use. A rezone application was submitted as a companion application to this small-scale comprehensive plan amendment, Petition PUDZ- 2004-AR- 5987. The rezone would, according to the petitioner, create a transition between higher intensity commercial development to the east and south and more moderate intensity development to the north and west. SURROUNDING LAND USE, ZONING AND FUTURE LAND USE DESIGNATIONS: Subject Site: The site is partially developed with an access drive to adjoining commercial property and some parking; zoned RMF-12; designated Urban Residential (.40 acres) and Golden Gate Parkway Professional Office Commercial Subdistrict (.43 acres) on the Golden Gate Area Master Plan Future Land Use Map (GGAMP-FLUM). Surroundina Lands: North- Shopping center; zoned C-4; designated Activity Center on the GGAMP-FLUM. Bank location; zoned C-4; designated Activity Center on the GGAMP- FLUM. Northeast- East- Golden Gate Parkway, retail stores and gas station; zoned C-4; designated Activity Center on the GGAMP-FLUM. Golden Gate Parkway and undeveloped property, zoned RMF-12, designated Golden Gate Parkway Professional Office Commercial Subdistrict. South- 2 Agenda Item No. 8A January 25, 2005 Southwest- 52d Terrace S.W. and parking for St. Elizabeth Seton Church; zoned PUOpage 9 of 15 designated Golden Gate Parkway Professional Office Commercial Subdistrict on the GGAMP-FLUM. West- 52d Terrace S.W. and developed multi-family; zoned RMF-12; designated Urban Residential Subdistrict on the GGAMP-FLUM. Northwest- Developed and undeveloped residential properties, parking and athletic fields, St. Elizabeth Seton School; zoned RMF-12; designated Urban Residential Subdistrict on the GGAMP-FLUM. STAFF ANALYSIS: EnvironmentallmDacts: The subject properties are cleared and partially improved lots adjacent to Golden Gate Parkway. There is no known plant or animal listed species on this site; this site is not identified on the County's Historical and Archeological Probability maps. Public Facilities ImDacts: The subject properties are approximately .83 acres in total. As an addition to the existing Activity Center, the maximum impact would be approximately 13 residential units and/or 8,300 square feet of commercial space, less currently zoned levels of use. This additional impact would be insubstantial on Public Facilities, including facilities for parks and recreation, potable water, sanitary sewer, drainage and roads. TransDortation/Access Discussion: Transportation Planning staff has reviewed the request and finds that the proposed impact to the adjacent County roadway segment (Golden Gate Parkway) is less than 3% of the adopted level of service standard. Currently, Golden Gate Parkway from Santa Barbara Blvd. to Collier Blvd. is operating at an acceptable level of service (LOS) D and is projected to operate at LOS E within three years. Transportation Planning staff has determined that this petition is consistent with the Transportation Element of the Growth Management Plan. General Plan Consistency Comments: The Activity Center concept is designed to concentrate new and existing commercial zoning in locations where traffic impacts can be readily accommodated, to avoid strip and disorganized patterns of commercial development and to create focal points within the community. Petition Analysis: The companion rezone is the subject of a future action, and is contingent on the adoption of this small-scale amendment. Adoption of this GMP amendment would also support a Mure rezone request for any intensity of development consistent with the Mixed Use Activity District. The petition does not include any type of market demand analysis to support this amendment as staff waived this requirement at the pre-application meeting. The rationale is that the site is 50 small as to result in a negligible increase in the commercial inventory ~ 10,000 s.f.). 3 FINDINGS AND CONCLUSIONS: Agenda Item No. 8A January 25, 2005 Page 10 of 15 Based upon review of this petition, including the supporting data and analysis submitted by the petitioner, staff makes the following findings and conclusions: · The location of the subject properties, and in particular the lot immediately adjacent to Golden Gate Parkway, is not suitable for development under the GGPPOCS in that it is separated by a roadway from the nearest property designated GGPPOCS; furthermore, the nearest property is developed as church parking, which would not support a "common theme" as encouraged for the GGPPOCS Future land Use. · The location of the subject property lies adjacent to the Mixed Use Activity Center to the North and East and is currently used as parking in connection with the Activity Center. Staff believes this to be a reasonable expansion of the Activity Center. · There are no significant impacts associated with this petition on public facilities or roadways. · Generally, there are no compatibility concerns related to this petition. In summary, staff believes that this is an appropriate small-scale amendment change in the Future Land Use designations of these properties to Mixed Use Activity Center #15 of the FLUM series. STAFF RECOMMENDATION: That the CCPC forward Petition CPSS-2004-1 to the BCC with a recommendation of approval. Prepared By: Kris Van Lengen, Planner Comprehensive Planning Department Date: Reviewed By: David Weeks, AICP, Planning Manager Comprehensive Planning Department Date: Reviewed By: Stan Litsinger, AICP, Director Comprehensive Planning Department Date: Approved By: Date: Joseph K. Schmitt, Administrator Community Development & Environmental Services Division Petition Number: CPSS-2004-1 Staff Report for January 6, 2005 CCPC Meeting Note: This petition has been advertised for the January 25, 2005 BCC meeting. COLLIER COUNTY PLANNING COMMISSION: Russell A. Budd, Chairman CPSS-2004-1 4 Agenda Item No. 8A January 25, 2005 Page 11 of 15 5 <::(L()t.r) 000..- ,0_ , ON 0 - L ZtÔN ... ~ /Í¡~ì v> EN"- ~ "' '" () >- () III ~ á _.....OJ ¡ ~ r¿~ - ro ro >- !I.I, ro :::::JQ.. a: I '" ~j ~ij "0 c: en \U ~ " t ~~ c: CCI a. I ~ U ~'!' t- O . ~' ()""") 0 ~ V> '~Ii z ! z " ~ OJ \U I w '" co " ~I~ <::( u S z 5 'j t I!J " ~ ,~ z ~ ~ ª¡;~ >- I w "' " ~ " HO t- oJ >- c u "- ?i > 5 z 0 ~I~ E=; ~ " ¡:: k '" t: ~ ~ 0 u ~ Ii :~~ . I '" e ¡ t~ I ~i; ;: i;' 0 . """''''-"'"--"''''_··_''''_'·'''''·.,,",,,,,,",_,,R,,,.., c( I- m ß ;~ ® (-1· \.\ ),;, ---' 'j\l ...------ --~ /" "..,-', , EXHIBIT A Agenda t MAP 4 Page 13 of 15 URBAN MIXED USE ACTIVITY CENTER GOLDEN GATE PARKWAY AND CORONADO PARKWAY COLLIER COUNTY, F1.0RIDA PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION ALE: CPSS-2004-1B.DWG DATE: 8/2004 ~ \ ~ ACll'l'lY ~ CENm BOUNDARIES :! 1~ URBAN NIXED USE AC11\<TY C£N1EF< GOLDEH GAlE pARKWAY ~D CORONADO PARKWAY LEGEND EXHIBIT A _!ET~~~idJ8~ Page 14 of 1 $ i ! I~ ------------ --- ----~ rv1AP 8 GOLDHN GATE PARKWAY PROFESSIONAL OFFICE COMMERCIAL DISTRICT Collier County, HorlQc PREPARED BY; GRAPHiCS AND TECHNICAL SUPPORC SECTiON COMMUNITY DEVELOPMENï ANJ ENVIRONMENTAl- SERVlCES DiVISION FILE: GGMP-23E.DWG DATE: 10/2004 CORONADO ;>Þ,RI(WA" PARKWAY PLAZA @ WINN D X]~ :; z < ~ 8 J { "!I 5C.'lE I axrr GOLDEN GATE PA.RKWAY RESIO["I"TJA.L DISTRICT LEGEND P'10FESSIONAL OFFICE DrSìRICT <OCFT 24 Agenda Item No. 8A January 25, 2005 Page 15 of15 ~_...,^._-- Agenda Item No. 88 January 25, 2005 Page 1 of 86 ,.-, EXECUTIVE SUMMARY Petition PUDZ-2004-AR-5987, Baldridge Real Estate, Inc., represented by Tim Hancock of Talon Management, requesting a rezone from the RMF-12 zoning district to the PUD zoning district to be known as Zone PUD (planned Unit Development) which will include a maximum of 6,840 square feet of commercial use. The property is located on the northeast corner of Golden Gate Parkway and 520d Terrace S.W., in Section 28, Township 49 South, Range 26 East, Collier County, Florida, consisting of .83:±: acres. (Companion item to CPSS-2004-01) OBJECTIVE: To have the Board of County Commissioners detennine 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 PUD rezone request comprises two subject properties totaling ±.83 acres of land at the northeast comer of the intersection of Golden Gate Parkway and 52nd Terrace S.W., in Golden Gate City. Both _ parcels are currently zoned Residential Multi-family (RMF-12). The southern parcel is vacant and the northern parcel is used commercially as a parking lot by the adjacent Bank of America for overflow parking. The petitioner proposes a CPUD that will allow the uses pennitted in the C-I (Professional Office Commercial Sub-district) with the exception of a retail automotive parts sales store. The automotive parts store will be limited to retail sales only and will not contain anyon-site repair facilities. The PUD will allow for the uses permitted in the C-I zoning district, but the rezone is being specifically tailored to the development of an AutoZone retail store. This petition is a companion item to a Small- Scale Amendment to the Growth Management Plan (CPSS-2004-01). The amendment is required because the two parcels included in the PUD rezone request are located outside of the adjacent Activity Center. The southern parcel lies within the Golden Gate Parkway Professional Office sub-district designation, but not the Activity Center. The amendment will redraw the boundaries of the Activity Center to include both parcels. Being within the boundaries of an Activity Center will pennit the rezoning of the residential parcels to a commercial PUD. Additionally, location within the Activity Center waives the minimum size requirement for PUD zoning. The Board of County Commissioners must approve the Small-Scale Amendment prior to approval ofthis PUD. 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. Agenda Item No. 88 January 25, 2005 Page 2 of 86 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 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 collected prior to issuance of a building permit include building pennit review fees and utility fees associated with connecting to the County's water and sewer system. GROWTH MANAGEMENT IMPACT: The subject property is designated Urban (Urban - Mixed Use District, Urban Residential Subdistrict, and Urban Commercial District, Mixed Use Activity Center Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan. The Activity Center Subdistrict permits a full array of commercial uses, residential uses, institutional uses, hote1/motel uses at a density consistent with the Land Development Code. Both parcels are outside the Activity Center #16 boundary. The petitioner has submitted a companion Small-Scale Growth Management Plan Amendment (petition CPSS-2004-1) to incorporate the parcels into the Mixed Use Activity Center Subdistrict. As the petitioner desires to have both petitions adopted at the same BCC hearing, and there is a difference in the processes for rezones compared to GMP ,-. amendments, commercial development on the portion of the site being added to the Activity Center cannot commence until the Small Scale GMP amendment becomes effective. Subject to the Small-Scale Growth Management Plan Amendment petition being approved and becoming effective, staff concludes the proposed uses for the subject site may be deemed consistent with the Future Land Use Element. ENVIRONMENTAL ISSUES: Environmental Services Staff has reviewed the petition and has incorporated safeguards within the PUD document to ensure compliance with the environmental regulations. The Environmental Section C 4.10), of the Zone PUD document provides a commitment that the most current environmental regulations will control all development within the PUD. The subject site is completely altered, isolated by a major roadway and development, and is actively used as an access parcel. The subject parcel is not a viable habitat for species to nest, den, or forage. No endangered, threatened, or species of special concern were observed on the site. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: This petition was not required to go before the Environmental Advisory Council due to the limited size C±.83 acres) of the parcel. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: .-. 2 Agenda Item No. 88 January 25, 2005 Page 3 of 86 The Collier County Planning Commission heard this petition on January 6, 2005. The Commission motioned to forward petition PUDZ-2004-AR-5987 to the Board of County Commissioners with a recommendation of denial by a 7 to 1 vote. The vote of denial was based upon the petition not satisfying criteria No.17 of the rezone findings which states, "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." It should be noted that the small scale amendment companion item to this petition gained approval with a 5 to 4 vote. LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a determination by the Board of County Commissioners (BCC) must be based. The legal considerations are reflected in the Collier County Planning Commission's evaluation of the listed criteria in Chapter 10.03.05 and Chapter 10.02.12 of the LDC. These evaluations are completed as separate documents that have been incorporated into the attached staff report. A summary of the legal considerations and fmdings are noted below: - · The proposed change has been deemed consistent with the goals, objectives, and policies and Future Land Use Map and the applicable elements of the GMP. · The proposed land uses are compatible with the existing land use pattern. · The proposed change will not 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. This project has also been deemed consistent with Policy 5.1 and 5.2 of the Traffic Element of the GMP. · The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private shall be provided. STAFF RECOMMENDATION: Staff analysis indicates that the proposed Zone CPUD is compatible with surrounding land uses. The petition will be consistent with the Growth Management Plan if the Board of County Commissioners approves the companion Small-Scale GMP Amendment. Contingent upon the approval of the Growth Management Plan Amendment, staff recommends that the Board of County Commissioners approve Petition PUDZ-2004-AR-5987 subject to the Zone CPUD document attached to this Executive Summary. PREPARED BY: Mike Bosi, AICP, Principal Planner Zoning and Land Development Review - 3 Item Number Item Summary Meeting Date Agenda Itom No. 88 January 25. 2005 Page 4 of 85 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 88 This itern requires lhat all participants be sworn in and ex~par1e disclosure be pto'lIded by Commission men,bers. Baldridge Real Estate, Inc., represenlp.d by Tim Hancock. of Talon Management, requesting a rezone from the RMF ·'12 ':onln¡J district to the PUD zoning district to be known as Zona PUD Planned Unit Development wt'.jc;h will ilîc:lude a maximum of 6.840 square feet of commercial use The property is located on the northeast corner of Golden Gale Parkway and 52nd Terrace S, W, In Seellon 28, Township 49 South, Range 26 East Collier Co~nty, Florida con5istlng (')f .ß3:t. acres, (Companion ilem 10 CPSS·200~,~01) 1125/20059:00:00 AM Prepared By Principal Planner 1141200510:26:0·1 AM Mike Bosi, AICP Community Development & EMvlronm~"t.1 Services Date Zoning & Land Development Review Mike Bosi. A!CP Prlnc.ipal Planner Date Approved By Community Development &. Environmental Services Zonin9 & land Developmcnt Review 1/41200510:07 AM Norm E. Feder, AICP Tran~pcrtatlon Division Administrator Dat~ Approved By Tran$portion 5eNice6 Transportation SeNic:.19 Admin, 1111120057:48 AM Con5tancIO A. John.ofl Date Approved By CommunIty Development & Envíronmen1al Services Operations Analytlt Community Development & EnvlronmlllntJI S~rvíc:.ft!& Admin, 1/1112005 5:U2 PM Approved By Ray BelloW$. Community DEtvelopment & EnvironThèntal Se:rvlcuWo Chief Planner Date Zoning & Land Development Review 1/12'20058:54 AM Approved By Date Sandra Lea Community DeYelopm~nt & Enviromt1ental Services Executive Secretary Community Develop"'öont & Environmental Services Ad."in. ·1112120059:04 AM Zuning & Lind Dc....oloprn~!Ot Oirector Date Approved By SuUn Murray, AICP Communl1y Development &. Environmc-ntul5v-rvices Zoning & Land Development R~v¡ew 1112/20059:27 AM Date Approved By Joseph K. Schmitt Community Development "- Enviro,,"wntal SCI"'Jicl!lS Conllnunlty Development & Envlronrntrltal Servico!; AdrninstratClr Community Development &. Env¡ronmunt~1 Services Admin. 1I12120U5 7:07 PM As.s.ìstant County Attorney Date Approved By Patrick Q, White County Attomey County Attorney Offíce 11131200511:44AM OM8 Coordinator Administrative Ausìstilnt Date Approved By County Mijnager'~ Office Office of Managcnumt & Budget 1/131200511:54 AM Mark Isackson Budget Analyst Date Approved By County Manager':s. Office Orner: of ~n~g(tm.,nt & Budge-t 1/14120059:01 AM Approved By MIchael SmykoW1iki County Manager's Otfir.e Manlgltment & Budget Director Date Office of ManaAement & Budget 1/14120059:58 AM County Manager Date Approved By James V, Mudd Soard of County Commissioners. County Ma.nager's Office 1/1812Q05 9:19 AM Agenda Item No. 88 January 25, 2005 Page 5 of 86 eoftr County - ~~ -- STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: JANUARY 6, 2005 SUBJECT: PETITION PUDZ-2003-AR-5987, ZONE PUD COMP AINION ITEM: CPSS-2004-1 OWNER/AGENT: Agents: Tim Hancock, AICP Talon Management 3898 Tamiami Trail North, Suite 202 Naples, FL 34103 Owner: Baldridge Real Estate, Inc. 11825 Manchester Road S1. Louis, MO 63131 REOUESTED ACTION: The petitioner wishes to rezone two parcels ofland from the Residential Multi-Family (RMF-12) district to the Planned Unit Development (PUD) district for a commercial PUD to be known as the Zone PUD. The PUD rezone petition is a companion item to a request to amend the Golden Gate Future Land Use Map to extend the adjacent Activity Center to include the two parcels comprising the rezone request. GEOGRAPHIC LOCATION: The properties are located in the northeast comer of the intersection of Golden Gate Parkway and 52nd Terrace Southwest in Section 28, Township 49 South, Range 26 East, Collier County, Florida. The site consists of approximately ±.83 acres. (See location map on foHowing page.) .-4) I,¡'") to ,oro 0_ )N 0 Z L6 to ENQ) Q)>-C) ...........co -COo... CO:::l -oc ceo Q)"" 0') <! ... . <ID D: < I ..,. g 0:. ... , ::nD1 aL .l1li1 I .... -.- 0 - :::II a. .. z I 0 t I I- - Ii ~~~ ~;~ ~ :c a. I I I I t . I ; I~ c.. I. < ·;i ~. D.. " ¡! . ". i ~i - R ;¡ :!: B i 8 ¡ if I --- ...... z t ! I. e i i~ ¡: I i "C : 5Ë ~ ili ~ ~ - I' . I I I l- i « I C) -pi ~ ~ I· Ir ~ 0 . ii, = II I = ...J I ¡ I -- - I~ t t w Ii: . þ. I ! !~ ~h ~I- r .~ I 01-- PUDZ-2004-AR-5987 2 I I D.. < :i W I- - en C()L!J<D WOO:;¡ .0_ 0"10 Ztril'- EN (1) (1);>.0> _...C'J -roo.. C'J:::J 'Oc CC'J (1)-' 0> 4: . PUD MASTER PLAN II' U ~m' It t ~ ~rI ¡ Id Ii ~ !I! ~U ~....! 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".," Agenda Item No. 86 January 25, 2005 Page 8 of86 PURPOSElDESCRIPTION OF PROJECT: The PUD rezone request comprises two subject properties totaling ±.83 acres of land at the northeast comer of the intersection of Golden Gate Parkway and 52nd Terrace S.W., in Golden Gate City. The petition is a companion item to a Small-Scale Amendment to the Golden Gate Master Plan. The Small-Scale Amendment is proposing to extend the Activity Center designation, which abuts the two parcels to the east, to encompass the subject properties. Both parcels are currently zoned Residential Multi-family (RMF-12). The southern parcel is vacant and the northern parcel is used commercially as a parking lot by the adjacent Bank: of America for overflow parking. The petitioner proposes a PUD that will allow the uses permitted in the C-l (Professional Office Commercial Sub-district) with the exception of a retail automotive parts sales store. The automotive parts store will be limited to retail sales only and will not contain anyon-site repair facilities. The PUD will allow for the uses permitted in the C-l zoning district, but the rezone is being specifically tai10red to the development of an AutoZone retail store. This petition is a companion item to a Small-Scale Amendment to the Growth Management Plan. The amendment is required because the two parcels included in the PUD rezone request are located outside of the adjacent Activity Center. The southern parcel lies within the Golden Gate Parkway Professional Office sub-district designation, but not the Activity Center. The amendment will redraw the boundaries of the Activity Center to include both parcels. Being within the boundaries of an Activity Center will pennit the rezoning of the residential parcels to a commercial PUD. Additionally, location within the Activity Center waives the minimum size requirement for PUD zoning. The Board of County Commissioners must approve the Small-Scale Amendment prior to approval of this PUD. SURROUNDING LAND USE AND ZONING: PUDZ-2004-AR-5987 4 Agenda Item No. 88 January 25, 2005 Page 9 of 86 Subject Parcel: The two parcels are vacant and partially developed with a drive aisle and parking; zoned RMF -12 SUITounding: North: East: South: VacantJShopping Center; zoned RMF -12/C-4 Bank of America; zoned C-4 Gas Station/VacantJGolden Gate Parkway; zoned C-4/RMF- 12 St. Elizabeth Seton Church /Multi-family Development; zoned PUD/RMF-12 West: '~ Q ." '=' Q.4 J1V1'Ii:7~&¡r A < ~ ILEVARD IZ1 ~ =: GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Urban (Urban - Mixed Use District, Urban Residential Subdistrict, and Urban Commercial District, Mixed Use Activity Center Subdis1rict), as identified on the Future Land Use Map of the Growth Management Plan. The Activity Center Subdis1rict pennits a full array of commercial uses, residential uses, institutional uses, hoteVrnotel uses at a density consistent with the Land Development Code. Both parcels are outside the Activity Center #16 boundary. The petitioner has submitted a companion Small-Scale Growth Management Plan Amendment (petition CPSS-2004-1) to incorporate this the parcels into the Mixed Use Activity Center Subdistrict. As the petitioner desires to have both petitions adopted at the same BCC hearing, and there is a difference in the processes for rezones compared to GMP amendments, commercial development on the portion of the site being added to the Activity Center cannot commence until the Small Scale GMP amendment becomes effective. PUDZ-2004-AR-5987 5 Agenda Item No. 8B January 25, 2005 Page 10 of 86 Subject to the Small-Scale Growth Management Plan amendment petition being approved and becoming effective, staff concludes the proposed uses for the subject site may be deemed consistent with the Future Land Use Element. Future Land Use Element: Based upon the above analysis, staff concludes the proposed amendments can be deemed consistent with the Future Land Use Element (FLUE). Transportation Element: Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP) and was found consistent with Policy 5.1. The project is expected to generate 171 daily auto trips. The consistency finding provides a statement to the project, that when developed, it will not excessively increase traffic congestion. Open Space/Conservation: A minimum of thirty percent open space of the gross site area, as described in Chapter 4.02.01 of the Land Development Code (LDC) and Policy 1.1.6 of the GMP, will be required of the PUD. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable detennination must be based. These criteria are specifically noted in Chapter 10.03.05 and Chapter 10.02.12 of the Land Development Code (LDC) and required staff evaluation and comment. The Collier County Planning Commission (CCPC) also must utilize these criteria as the basis for their recommendation to the Collier County Board of County Commissioners (BCe). Appropriate evaluation of petitions for amendments to PUD's should establish a factual basis for supportive action by appointed and elected decision-makers. Each of the potential impacts or considerations identified during the staff review are listed under each of the criteria noted and are summarized by staff, culminating in a detennination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staffreport (See Exhibit "A" and Exhibit "B"). Environmental Analysis: Environmental Services Staff has reviewed the petition and has incorporated safeguards within the PUD document to ensure compliance with the environmental regulations. The Environmental Section (4.10), of the Zone PUD document provides a commitment that the most current environmental regulations will control all development within the PUD. The subject site is completely altered, isolated by a major roadway and development, and is actively used as an access parcel. The subject parcel is not a viable habitat for species to nest, den, or forage. No endangered, threatened, or species of special concern were observed on the site. Transportation Analysis: Transportation Department Staff has reviewed the petition and notes that the PUD document has been reviewed to ensure all development within the Zone PUD will be subject to and compliant with the policy contained within the Transportation Sub-element of the Growth Management Plan (GMP) and the regulatory fabric contained in the Land Development Code (LDC). The Transportation Section (4.8), of the Zone PUD document, has been created to parallel the current LDC regulations. Utility Issues: The Utilities Department Staff has reviewed the petition and notes the following: 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 PUDZ-2004-AR-5987 6 Agenda Item No. 88 January 25, 2005 Page 11 of 86 accordance with Collier County Ordinance No. 97-17, as amended, and other appJicable County rules and regulations. Zonin2 and Land Develoument Analvsis: As previously noted, the subject property is designated Urban (Urban - Mixed Use District, Urban Residential Subdistrict, and Urban Commercial District, Mixed Use Activity Center Subdistrict), as identified on the Future Land Use Map of the GTOwth Management Plan. The Activity Center Subdistrict pennits a full array of commercial uses, residential uses, institutional uses, hotel/motel uses at a density consistent with the Land Development Code. This action will provide for a more consistent land use pattern in the local area. Contingent upon the Small-Scale Growth Management Plan amendment petition being approved and considering the availability of community infrastructure and services, and the applicant's commitments in the PUD document, staff concludes that the proposed changes to the PUD document are consistent with the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). The limited size of the ±.83 acre PUD is permitted due to the 10 acre minimum area requirements for PUD rezones not being applicable to projects within an Activity Center. Within an Activity Center, there is no minimum area requirement for POO rezoning. In addition to an evaluation of the proposed rezoning action to the Comprehensive Planning consistency, an evaluation of the proposed action compared to existing land uses is required. The discussion of the relationship to existing land uses concerns the compatibility with the adjacent properties to the north, south, east, and west. The local area, the comer of Golden Gate Parkway and 52nd Terrace S.W., can be characterized as mature urban. The sUITounding land use pattern is a mix of commercial, institutional and multi-family residential. Parkway Plaza, which abuts the site to the east is fully developed with C-4 commercial uses and the immediate adjacent parcel to the east, is developed with a bank. To the west of the subject site is 52nd Terrace S.W., developed with a multi-family development and St. Elizabeth Seton Church. North of the site is an undeveloped parcel, zoned RMF -12. The proposed POO will allow for the uses pennitted in the C-l (professional Office Commercial Sub-district) with the expectation of a retail automotive parts sales store. The rezone is being specifically catered to the development of an AutoZone retail store. The automotive parts store will be limited to retail sales only and will not contain service facilities. Exhibit A, of the proposed Zone POO, provides the specific design envisioned for the project if approved. The referenced Master Plan is illustrated within page three of this staff report. The subject parcels are isolated ITom any adjoining residential properties by 52nd Terrace S.W. and an access alley on the northern portion of the property. The northern parcel, which contains the access alley, though zoned residential multi-fàmily, is cUITently utilized commercially as parking for the adjacent bank. The proposed rezone, with the limitations to professional office use and the specific automotive parts retail use, will act as a transition zone from the higher intensity commercial use (C-4) to the east. The proposed landscape buffers contained in the PUD document will ensure that the rezone and the resulting AutoZone store will not visually detract from the existing aesthetics of the area. Access to the project will be provided at two locations off 5200 Terrace S.W. and two additional ingress/egress points will provide circulation to the commercial properties to the east. PUDZ-2004-AR-5987 7 Agenda Item No. 88 January 25, 2005 Page 12 of 86 NEIGHBORHOOD INFORMATION MEETING: Agent for the applicant, Tim Hancock of Talon Management, held the required Neighborhood Infonnation Meeting on November 10, 2004 at the Golden Gate Community Center at 6:00 P.M. One person other than the agent and county staff attended the meeting. Cheryl Neuman, representing the Golden Gate Civic Association, heard the proposal for a 6,800 square foot "AutoZone" retail auto parts store to be built on the property site. Mr. Hancock committed to presenting the proposal to the Golden Gate Civic Association at an upcoming scheduled meeting. Ms. Neuman did not express opposition to the proposed rezone and development. STAFF RECOMMENDATION: Staff analysis indicates that the proposed Zone PUD is compatible with surrounding land uses. The petition will be consistent with the Growth Management Plan if the Board of County Commissioners approves the companion Small-Scale GMP Amendment. Contingent upon the approval of the Growth Management Plan Amendment, staff recommends that the Collier County Planning Commission forward Petition PUDZ-2004-AR-5987 to the Board of County Commissioners with a recommendation of approval subject to the PUD document attached to this Staff Report. PUDZ-2004-AR-5987 8 Agenda Ifem No. 88 January 25, 2005 Page 13 of 86 PREPARED BY: MIKE BOSI, AICP, PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: RAY BELLOWS, MANAGER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW SUSAN MURRAY, AICP, DIRECTOR DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMIIT ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Tentatively scheduled for the January 25, 2005 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN PUDZ-2004-AR-5987 9 ORDINANCE NO. 05"_ Agenda Item No. 88 January 25, 2005 Page 14 of 86 AN ORDINANCE AMENDING ORDINA.1I¡JCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WWCH INCLUDES 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 REAL PROPERTY FROM THE RMF-12 ZONING DISTRICT TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE ZONE COMMERCIAL CPUD WHICH WILL INCLUDE A MAXIMUM OF 6,840 SQUARE FEET OF COMMERCIAL USE LOCATED ON THE NORTHEAST CORNER OF GOLDEN GATE PARKWAY AND S2ND TERRACE S.W., IN SECTION 21122, TOWNSmP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 0.83± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Tim Hancock of Talon Management, representing Baldridge Real Estate, 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 28, Township 49 South, Range 26 East, Collier County, Florida, is changed from the RMF-12 zoning district to be known as The Zone "CPUD" Commercial Planned Unit Development to include a maximum of 6,840 square feet of commercial use in accordance with The Zone PUD Document, attached hereto as Exhibit" A," and incorporated by reference herein. The appropriate zoning atlas map or maps; as described in Ordinance Number 04-41, as amended, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Dcpartment of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _ day of ,2005. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERK BY: ,CHAIRMAN Deputy Clerk Approved as to Form ~'~ Patrick G. WhIte Assistant County Attorney PUDZ·2004-AR-S987/MBlsp Agenda ItefT! No. 88 January 25, 2005 Page 15 of 86 "ZONE" A PLANNED UNIT DEVELOPMENT Regulations and supporting Master Plan governing the Zone CPUD, a Commercial Planned Unit Development pursuant to provisions of the Collier County Land Development Code PREPARED FOR: Baldridge Real Estate, Inc. PREPARED BY: Tim Hancock, AICP Talon Management, Inc. 3898 Tamiami Trail North, Suite 202 Naples, FL 34104 239-262-6197 Novmeber 29, 2004 DATE REVIEWED BY CCPC: DATE APPROVED BY BCC: ORDINANCE NUMBER: AMENDMENTS AND REPEAL: EXHIBIT 'A' TABLE OF CONTENTS List of Exhibits and Tables Statement of Compliance & Short Title Section' Legal Description, Property Ownership and General Description Section II Project Development Section III Commercial Areas Plan Section IV General Development Commitments 2 Agenda Item NO.8S January 25, 2005 Page 16 of 86 3 4 5 6 8 10 Agenda Item No. 88 January 25, 2005 Page 17 of 86 LIST OF EXHIBITS AND TABLES EXHIBIT A: PUD Master Plan 3 Agenda Item No. 88 .January 25, 2005 Page 18 of 86 STATEMENT OF COMPLIANCE AND SHORT TITLE The Zone Commercial Planned Unit Development (CPUD) consists of ±.83 acres of land situated at the Northeast comer of the intersection of Golden Gate Parkway and 52ncl Terrace Southwest in Collier County, Florida. 1. The development of this Project will be in compliance with the planning goals and objectives of Collier County as set for the in the Golden Gate Area Master Plan. 2. The Project includes minimal retail and office uses consistent with the Golden Gate Area Master Plan as amended and the Collier County Land Development Code. 3. The Project location will allow access to 52nct Terrace Southwest via an existing driveway connection as well as providing an interconnection with the adjacent commercial development through the existing alley. 4. The Project will be served by and approved by the Florida Gulf Utility Authority. 5. The Project, as proposed, is compatible with adjacent land uses and includes adequate buffering where dissimilar land uses are located adjacent to each other. 6. All final local development orders for this Project are subject to LDC Chapters 6.02.00, and 10.02.07, as applicable. SHORT TITLE This Ordinance shall be known and cited as the "Zone Commercial Planned Unit Development Ordinance" . ii. 4 Agendaltern No. 88 January 25. 2005 Page 19 of 86 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 to be developed under the project name of the "Zone CPUD." 1.2 LEGAL DESCRIPTION The subject property being ±.83 acres, is described as: Lots 1 & 2, Block 201, Golden Gate Unit 6 as recorded in Plat Book 5, Pages 124 through 134, inclusive of the public records of Collier County, Florida. 1.3 PROPERTY OWNERSHIP The subject property is currently under the ownership of: Bank of America, N.A. 400 North Ashley Drive Tampa, Florida 33602 1.4 GENERAL DESCRIPTION OF PROPERTY AREA The Project site is located in Section 28, Township 49 South, Range 26 East, immediately north and East of the intersection of Golden Gate Parkway and 52nd Terrace SW in Collier County, Florida. The zoning classification of the subject property prior to the date of this approved PUD Document was "RMF-12", Multi-Family, 12 units per acre. 1.5 PHYSICAL DESCRIPTION The proposed site consists of ±.83 acres, and is proposed to utilize a dry detention swale for water quality treatment. The project will outfall to the Santa Barbara Canal per Collier County Requirements. 1.6 PROJECT DESCRIPTION The project will consist of very limited commercia! retail and/or professional office development. 5 Agenda Item No. 88 January 25, 2005 Page 20 of 86 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the Project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the Project, as well as other Project relationships. 2.2 GENERAL a. Regulations for development of the Zone CPUD shall be in accordance with the contents of this document, PUD-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 filing of an application for approval of a preliminary subdivision plat, site development plan, or building permit as applicable. 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. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in Collier County Land Development Code in effect at the time of building permit application. c. All conditions imposed and all graphic material presented depicting restrictions for the development of the Zone CPUD shall become part of the regulations, which govern the manner in which the PUD site may be developed. d. Unless modified, waived or excepted by this PUD, the provisions of other sections of the Land Development Code where applicable, remain in full force and effect with respect to the development of the land, which comprises this PUD. e. Development permitted by the approval of this Petition will be subject to a concurrency review under the provisions of LDC Chapters 6.02.00, and 10.02.07, at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this Development. f. The petitioner's property is located outside an area of historic/archaeological probability as designated on the official Collier County Probability Map. Therefore, no historic/archaeological survey and assessment is required. Pursuant to Chapter 2.03.07 of the Land Development Code, if during the course of site clearing, excavatIon or other construction activity, an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES The Project Development Plan is illustrated graphically by Exhibit "A: PUD Master Plan. The PUD Master Plan also illustrates necessary water management areas and the general configuration of parking and landscaping areas. 6 Agenda Item No. 88 January 25, 2005 Page 21 of 86 BUILDING PARKING AND DRIVE AISLES OPEN SPACE AND WATER MANAGEMENT AREAS ± .16 acres ± .4 acres :t .27 acres TOTAL: ± .83 acres 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS a. Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of the PUD, final plans of all required improvements shall receive approval by the appropriate Collier County governmental agency to ensure compliance with the PUD Master Plan, the Collier County Subdivision regulations, and the platting laws of the State of Florida. b. Exhibit "A", 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 shall be in compliance with Chapter 4.03.01 of the Collier County Land Development Code, and the platting laws of the State of Florida. c. The provisions of Chapter 10.02.03 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. d. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and methods for providing perpetual maintenance of common facilities. 2.5 CHANGES AND AMENDMENTS TO PUD DOCUMENT AND PUD MASTER PLAN Amendments may be made to the PUD and PUD Master Plan in accordance with Chapter 10.02.12 of the Collier County Land Development Code. 2.6 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE Whenever the developer elects to create land area and/or recreation amenities whose ownershtp and maintenånce responsibility is a common interest to all of the subsequent purchasers of property within said Development in which the common interest is located, that developer entity shall provide appropriate legal instruments for the establishment of a Property Owners' Association whose function shall include provisions for the perpetual care and maintenance of all common facilities and open spaces, subject further to the provisions of the Collier County Land Development Code, Chapter 2.03.06. 7 Agenda Item No. 88 January 25, 2005 Page _22 of 86 SECTION III COMMERCIAL AREAS PLAN 3.1 PURPOSE The purpose of this Section is to identify the type of Commercial Uses and development standards that will be applied to the property. 3.2 DEVELOPMENT EMPHASIS The project is bordered by Golden Gate Parkway on the South, and the Western property line borders 52"d Terrace SW. The subject property is permitted an array of commercial uses as indicated in the Golden Gate Area Master Plan, amended by small scale map amendment #CCPS 2004-1, and as such, this document and the uses contained herein, are consistent with the Collier County Growth Management Plan. 3.3 USES PERMITTED The project will develop with uses that are consistent with predominantly C-1 uses, with the noted addition of 5531, Automotive and home supply stores with the limitation established below. More specifically, no building or structures or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: a. Permitted Uses 1. Accounting, auditing and bookkeeping services (8721) 2. Automotive and home supply stores (5531 - no home supply stores or on-site automotive repair) 3. Barber Shops (7241), except barber schools 4. Beauty Shops (7231), except beauty schools 5. Business Services (groups 7311, 7313, 7322-7331, 7338, 7371. 7372, 7374-7376, 7379). 6. Child Day Care Services (8351) 7. Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to state statute 400.402 F.S. and ch. 58A-5 FAC.; and continuing care retirement communities pursuant to state statute 651 F.S. and ch. 4-193 FAC.; all subject to Section 2.6.26 of the Land Development Code. 8. Offices for engineering, planning, architectural, and surveying services (0781, 8711- 8713). 9. Health services (groups 8011-8049). 10. Individual and family social services (8322 activity centers, elderly or handicapped; adult day care centers; and day care centers, adult and handicapped only). 11. Insurance carriers, agents and brokers (groups 6311-6399, 6411). 12. Legal Services (8111). 13. Management and Public Relations services (groups 8741-8743,8748). 14. Personal services (groups 7291 or 7299, debt counseling only). 15. Nondepository credit institutions (6411-6163). 16. Photographic Studios (7221). 17. Physical Fitness facilities (7991 permitted only when physically integrated and operated in conjunction with another permitted use in this district - no stand alone facilities shall be permitted. 18. Real estate (group 6531 - 6552). 19. Shoe Repair shops and shoeshine parlors (7251). 20. Security and commodity brokers, dealer exchanges and services (6211-6289). 21. Transportation Servíces (4724,), travel agencies only. 22. Any other general commercial use, which is comparable in nature with the foregoing uses, including buildings for retail, service and office purposes consistent with the 8 Agenda Item No. 8B January 25, 2Q05 Page 23 of 86 permitted uses and purpose and intent statement of this PUD as determined by the· Board of Zoning Appeals. b. Accessory Uses 1. Uses and structures that are accessory and incidental to the uses permitted as of rig ht in this district. 2. Caretaker's residence, subject to Chapter 5.03.05 of the Land Development Code. 3.4 DEVELOPMENT STANDARDS 9 a. Minimum Lot Area: 0.4 acres. b. Minimum lot width: 1 00 feet. c. Minimum Yard Requirements: 1. Along Golden Gate Parkway: 2. Along 52nd Terrace SW: 3. Along East (alley): 4. Along RMF-12 Zoning: 40 feet. 15 feet. 10 feet. 25 feet. d. Maximum height Building zoned height is limited to one story with a 35-foot maximum for all retail and commercial uses. e. Minimum floor area: 1000 square feet gross floor area on ground floor. 1. Minimum off-street parking and off-street loading: As required in Chapter 4.05.01 of the Collier County Land Development Code. g. Landscaping: As required in Chapter 4.06.01 of the Collier County Land Development Code. Where the building is adjacent to either the alley or 52nd Terrace SW, additional landscaping shall be installed to create a multi-tiered effect with ground cover, mid level shrubs and twice the number of required canopy trees for the portion of the property immediately adjacent to the building. h. Lighting: Lighting shall be designed so as to prevent direct glare, light spillage and hazardous interference with automotive and pedestrian traffic on adjacent streets and all adjacent properties. Where practicar, project lighting design will incorporate the appropriate elements furthered by the Collier County Sheriffs office under their ·Crime Prevention through Environmental Design" standards. i. Signs: As permitted in Chapter 5.06.01 of the Land Development Code. j. Architectural and site design standards. All buildings and projects shall be subject to the provisions of Chapter 5.05.08 of the Land Development Code. k. Off site removal of earthen material: The excavation and stockpiling of earthen material in preparation of water management facilities or to otherwise develop water bodies is hereby permitted during construction of buildings or infrastructure. If a surplus of earthen material exists, then its off-site disposal is also hereby permitted, subject to the following conditions: 1. Excavation activities shall comply with the definition of a "development excavation" pursuant to Chapter 3.05.10 of the Land Development Code, whereby off-site removal shall be limited to 10% of the total, up to a maximum of 20,000 cubic yards. 2. All other provisions of said Chapter 3.05.10 are applicable. Agenda Item No. 88 January 25, 2005 Page 24 of 86 SECTION IV DEVELOPMENT COMMITMENTS 4.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the Project. 4.2 GENERAL All facilities shall be constructed in strict accordance with final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of Chapter 4.03.01 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. The developer, his successor or assigns, 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 bound by commitments within this document. 4.3 PUD MASTER PLAN a. Exhibit -A-, PUD Master Plan, illustrates the proposed development and is conceptual in nature. Proposed tract, lot or 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 Chapter 10.02.12 of the Land Development Code amendments may be made from time to time. b. All necessary easements, dedications, or other instruments shall be granted to ensure the continued operation and maintenance of all service utilities and all common areas in the Project. 4.4 SCHEDULE OF DEVELOPMENT f MONITORING REPORT AND SUNSET PROVISION a. The Project Is proposed to start construction in early 2005. b. This Project shall be subject to the Sunset Provisions of Chapter 10.02.12 of the Land Development Code. c. Common areas, including areas devoted to water management facilities will be dedicated to a common property owners' association, if applicable, for purposes of maintenance and care. d. An annual monitoring report shall be submitted pursuant to Chapter 10.02.12 of the Collier County Land Development Code. 4.5 SUBSTITUTION TO DESIGN STANDARDS FOR SUBDIVISION PRACTICE/REGULATIONS 4.6 TRANSPORTATION 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 10 Agenda Item No. 88 January 25, 2005 Page 25 of 86 Development code (LOC) 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. Access points, including both driveways and proposed streets, shown on the PUD Master Plan are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage. All such access issues shall be approved or denied during the review of required subsequent site plan or final plat submissions. All such access shall be consistent with the Collier County Access Management Policy (Res. 01-247), as it may be amended from time to time, and with the Collier County Long-range Transportation Plan. The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional access points shall be considered unless a PUD Amendment is to be processed. d. Site-related improvements (as apposed to system-related Improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO. e. Road impact fees shall be paid in accordance with Collier County Code of Laws and Ordinances Chapter 74, as amended, and LOC Chapters 6.02.00, and 10.02.07, as amended. f. All work within Collier County rights-of-way or public easements shall require a Right-of- way Permit g. 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 LOC, 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 PUO 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. h. Nothing in any development order shall vest a right of access in excess of a right infright 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. i. 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 Country shall have no responsibility for maintenance of any such facilities. j. 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. k. 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. 4.7 WATER MANAGEMENT a. The project will be designed and permitted in accordance with Collier County requirements. II Agenda Item No. 88 January 25, 2005 Page 26 of 86 4.8 UTILITIES a. Potable Water and Sewer Service will be provided by Florida Gulf Utility Authority and adequately sized infrastructure or pipes exist adjacent to the site. b. Air facilities extended to the site and which lie in platted rights-of-ways shall be owned and maintained by Florida Gulf Utility Authority. 4.9 ENGINEERING a. If the property is subdivided into three or more parcels, a plat shall be required. b. Work within Collier County rights-of-way shall meet the requirements of Collier County Right-Of -Way Ordinance No. 93-64. 4.10 ENVIRONMENTAL a. The property qualifies for a waiver of the ErS requirement based upon the size of the property and the cleared state of both parcels. b. This PUD shall be consistent with the Environmental section of the GMP Conservation and Coastal Management Elemen~ Ordinance 03-67, as amended, and the LDC, Ordinance 04-41, at the time of final development order approval. 4.11 LANDSCAPING FOR OFF-STREET AREAS All landscaping for off-street parking areas shall be in accordance with the Chapter 4.06.01 of the Collier County Land Development Code in effect at the time of building permit application. 12 Cl)lDc.C> 00000 ,D_ ON 0 Z ll'i f'-- ENN (I) ;>. (I) .........0) -roro ro:::Jo... -oc c ro (I), 0) <C « J- - fD - ::J: >< W t ø;' ~ I Ii I 5- ! I !' =t tv ~ r.. ~ t~ .' . ;. 1 tiì ~ Mm' : .·15 nb. II ~i!h¡ I I! rd ! pi It) : ÜI~ I" !!Ii'~ it ! ¡:I fi,i Ii :!:!I 1.11 t .It·~ i'~1 we; , æ I. ~ii II ~ Ii¡ I' Ii! L t!l: !I', "' I ~ .Im¡ I. ~ iij I' II. fi!~ II t.~ hi iU Iti~ i. I = Ld !f. . I n ~ 1I!IIiìi Sf !I:ÌIII m .!Iz ~!! m ~ I di I ~ ! Ii! !!ïlf iJI~ i h i U~I~ ¡r..- "f:am t ¡Iii ij U Ilfl!iI~I!! 11!!i! 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( '.. ~ ~,.. ~~, .... ~, 1 ¡ 11 ~:i ~ I n i Agenda Item No. 88 January 25, 2005 Page 28 of 86 REWNE FINDINGS PETITION PUDZ-2002-AR-31S1 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use Map and the elements of the Growth Management Plan. Staff analysis (see attached Staff Report) indicates that, if the companion Growth Management Plan amendment is approved, the proposed PUD is consistent with the goals, objectives, and policies of the Future Land Use Map and the elements of the Growth Management Plan. 2. The existing land use pattern; North: East: South: West: The two parcels are vacant and partially developed with a drive aisle and parking; zoned RMF-12 VacantJShopping Center; zoned RMF -12/C-4 Bank of America; zoned C-4 Gas Station/V acantJGolden Gate Parkway; zoned C-4/RMF -12 St. Elizabeth Seton Church /Multi-family Development; zoned PUDIRMF -12 Subject Parcel: 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; If the Growth Management Plan amendment is approved, all of the parcels east of 52nd Terrace SW wìll be within an Activity Center; and therefore, will not create an isolated district. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. With approval of the Growth Management Plan amendment, the proposed district boundaries wìll be logically drawn with all parcels being located within an Activity Center . EXHIBIT "B" Agenda Item No. 88 January 25, 2005 Page 29 of 86 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. It is staff's opinion that the proposed rezone, with the limited commercial activity proposed by the PUD, will grant a more logical and consistent land use pattern desired by the GMP. Without the rezone and companion GMP amendment, the alternative would be an isolated .83-acre multi-family development. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; With the buffering proposed in the PUD and limited commercial uses, the proposed rezone will be compatible with adjacent multifamily, commercial and institutional developments. The proposed amendment 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 of the development, or otherwise affect public safety. Analysis by the Transportation Services Division has determined that the proposed PUD will not increase traffic congestion from that which is currently approved, or create types of traffic deemed incompatible with surrounding land uses. The proposed amendment will not increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses. 8. Whether the proposed change will create a drainage problem; The project will be required to meet Land Development Code regulations for stonnwater. Drainage problems should not be created when construction is done in accordance with these standards. 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 The proposed PUD with a height restriction of one story and a maximum of 35 feet in combination with the minimum yard requirements will ensure the proposed project does not seriously reduce light and air to adjacent parcels. EXHIBIT "B" Agenda Item No. 8S January 25, 2005 Page 30 of 86 10. Whether the proposed change will adversely atJ'ect property values in the adjacent area; Typically urban intensification increases the value of contiguous underutilized land Property valuation is a subjective detennination based upon anticipated results, which may be internal or external to the subject property that can affect property values. Property valuation is affected by many factors including zoning, however zoning by itself mayor may not affect values, since value determination by law is driven by market value. Lastly, no information has been presented that would indicate that the proposed rezone will 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 development of adjacent properties in accordance with existing regulations will not be affected. 12. Whether thè proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; If the proposed companion GMP amendment is detennined by the Board of County Commissioners to be in compliance with the Growth Management· Plan, the proposed PUD rezone 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 to construct a small .83 acre multi-family residential development. However, if the Growth Management Plan amendment is approved, the parcels will be eligible for rezoning. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; If the companion GMP amendment is found to be consistent with the Growth Management Plan, the proposed PUD will comply with the Growth Management Plan, and based upon this compliance it is not out of scale with the needs of the neighborhood or County. EXHIBIT "B" Agenda Item No. 88 January 25, 2005 Page 31 of 86 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. There are many similar parcels in the County. The petitioner wishes to construct commercial uses on this parcel. 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 subject parcels are cleared, with an alley serving as a transportation improvement upon the northern parcel. The limited size of the property will restrict the location and square-footage of the buildings, but the degree of site alteration to make the property usable for the range of uses prescribed by the PUD document will be customary to any improvement project. 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 eventually result in the creation of a commercial development. The Site Development Plan and/or Plat will be reviewed for compliance with the Levels of Service required for public facilities in the area. EXHIBIT "B" Agenda Item No. 88 January 25, 2005 Page 32 of 86 FINDINGS FOR PUD PUDZ- 2004-AR-5987 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 local area, the comer Golden Gate Parkway and 52nd Terrance S.W., can be characterized as mature urban. The surrounding land use pattern is a mix of commercial, institutional and multi-family residential. Parkway Plaza, which abuts the site to the east, is fully developed with C-4 commercial uses, and the immediate adjacent parcel to the east is developed with a bank. To the west of the subject site is 52nd Terrace S.W., developed with a multi-family development and St. Elizabeth Seton Church. North of the site is an undeveloped parcel, zoned RMF-12. Development conditions contained in the Zone 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 PJanning 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 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 confonnity is addressed in the Staff Report. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. EXHIBIT "A" Agenda Item No. 88 January 25, 2005 Page 33 of 86 The PUD permits commercial uses that are identical to those uses prescribed in the C-l commercial professional office district, with the exception of the retail only auto parts store. Parcel one of the two parcels comprising the PUD is designated for commercial office development by the Golden Gate Area Master Plan, and the second parcel currently provides parking for the adjacent bank. The proposed commercial uses allowed by the Zone PUD and the limited size of the parcel (.83 acres) will ensure both internal and external compatibility. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The project sits within a mature urbanized area with the full array of utilities and infrastructure available. The PUD, due to the limited size, is proposing to be developed in a single phase. The PUD will be required to meet concurrency requirements at the time of Site Development Plan approval. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The subject property is designated Urban (Urban - Mixed Use District, Urban Residential Subdistrict, and Urban Commercial District, Mixed Use Activity Center Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan. The Activity Center Subdistrict pennits a full array of commercial uses, residential uses, institutional uses, hotel/motel uses at a density consistent with the Land Development Code. The regulations prescribed by the PUD document have established uses for the project that are allowed for within an Activity Center. The mature nature of the area ensures that the infrastructure necessary to accommodate the redevelopment expansion is provided for in the area. 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 proposed Zone PUD conforms to PUD regulations or requests deviations that staff analysis finds justified. EXHIBIT "A" .."',,·;.._u........''''....''',.·.···,<· Agenda Item No. 88 January 25, 2005 Page 34 of 86 PUDZ-2004-AR-5987 Project # 2003110028 Parkway Comers PUD June 14,2004 May 18, 2004 Mr. Michael Bosi Principal Planner Community Development and Environmental Services Department 2800 North Horseshoe Drive Naples, FL 34104 Subject: Request to Rezone to PUD (Folio #36316400009 and 36316360000) Dear Mike; -. Enclosed are one original and twenty-four (24) copies of an application for a rezone from RMF-12 to PUD for two parcels located at the Northeast corner of Golden Gate Parkway and 52nd Terrace SW in Golden Gate. We had the pre- application for this application in November of last year, which also included discussions of amending the GMP through a small scale amendment. Please note that under separate cover, we are also submitting an application to amend the FLUM for the Golden Gate Area Master Plan. The two applications are to be reviewed and heard simultaneously. The primary reason for this is that the GMP amendment will permit the proposed uses in the PUD to be deemed consistent with the GMP. This proposed uses are low-intensity retail and office uses and would represent a transitional use from the higher intensity C-4 zoning to the East to the multi-family and institutional uses to the North and West. The two subject properties total .83 acres of land. As we discussed in our pre- application conference, the parcel that lies within the Golden Gate Parkway Professional Office Commercial Sub-district is .43 acres and is isolated. It cannot be joined with any other parcels within the district, and would require a minimum of three variances to develop individually. The rear parcel (lot 2) is .4 acres in size and has been partially developed with a drive aisle and parking to support surrounding commercial development. This application seeks to join these two parcels under a common development plan and to rezone them to PUD as part of the Activity Center. .~ Understanding the potential for concern in the community regarding the range of commercial uses that could be located on the site, we limited the permitted uses in the PUD rezone application to permit the construction of an AutoZone retail sales store with no automotive repair facility, and the allowable uses in the C-1 zoning district. The automotive parts store will be retail sales only. The already Phone: 239·262-6197 Fax: 239·262-6198 · Email: TalonManagem~nt@earthlink.net Office Address: 3898 Tamiami Trail North, Suite 202, Naples, FL 34103. . . . Agenda Item No. 88 January 25, 2005 Page 35 of 86 permitted uses in the GGPPOCS are also contained in the PUD rezone, but it is the intent of the applicant to develop this site as an AutoZone retail store. Based on the proposed architecture of the building combined with the site layout (contained in the PUD rezone application), we feel the addition of this store in this location will not detract from the community in any way and will provide much needed retail space. If you have any questions with regard to this application, please contact me at 262-6197. Sincerely, Talon Management, Inc. ~,~;/ Tim Hancock, AICP President Cc: Allen Kann, Baldridge Development R. Bruce Anderson, Roetzel and Andress Agenda Item No. 88 January 25, 2005 Page 36 of 86 May 19, 2004 PUD Rezone application For Parkway Corner PUD Lots 1 and 2, Block 201, Golden Gate Estates Unit 6, Collier County, Florida. . Applicant: Baldridge Real Estate Agents: Tim Hancock, AICP Talon Management. Inc. R. Bruce Anderson Roetzel & Andress -4Þ Phone: 239-262-6197 Fax: 239-262-6198 - Email: TalonManagement@earthlink.net Office Address: 3898 Tamiami Trail North, Suite 202, Naples, Fl 34103- Moiling Address: P.O. Box 9229, Naples, Fl 34101 Agenda Item No. 88 January 25, 2005 Page 37 of 86 . LIST OF EXHIBITS EXHIBIT A - PUD Rezone Application EXHIBIT B - Property Survey EXHIBIT C - Officers and Directors, Bank of America EXHIBIT D - Legal Description EXHIBIT E - Aerial Photograph EXHIBIT F - Pre-application Meeting Notes EXHIBIT G - Architectural Rendering EXHIBIT H - FLUCCS Map I Archaeological EXHIBIT I - EIS Waiver request . EXHIBIT J - Statement of Utility Provisions EXHIBIT K - Trip Generation Report EXHIBIT L - Historical and Archaeological Waiver Application EXHIBIT M - Letter of No Objection from USPS (pending) EXHIBIT N - PUD Document and Exhibits .. .. .,..-.;;..., . . ~ Agenda Item No. 8B January 25, 2005 Page 38 of 86 APPLICATION FOR PUBLIC HEARING FOR: C8JPUD REZONE (PUDZ) [JPUD TO PUD REZONE (PUDZ-A) Petition No.: Planner Assigned: Date Received: Commission District: ABOVE TO BE COMPLETED BY STAFF 1. General Information: Name of Applicant(s) Baldridge Real Estate. Inc. Applicant's Mailing Address 11825 Manchester Road City St Louis State MO Zip 63131 Applicant's Telephone # 314-966-2300 Fax # 314-966-2370 Applicant's E-Mail Address: Name of Agent Tim Hancock. AICP Finn Talon Manal!ement Agent's Mailing Address 3898 Tamiami Trail North. Suite 202 City NavIes State FL Zip 34103 Agent's Telephone # 262-6197 Fax # 262-6198 Agent's E-Mail Address:talonmanagement@earthlink.net COLLIER COUNTY COMMUNITY DEVELOPMENT DEPARTMENT OF WNING AND LAND DEVELOPMENT REVIEW 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 ADDlic.tlon For Public He.rin! For PUD Rezone 8/29/03 . . . Agenda Item No. 88 January 25, 2005 *Be aware that Collier County has lobbyist regulations. Guide yourself accordingly Page 39 of 86 and ensure that you are in compliance with these regulations. Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: na 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: na Mailing Address City State _ Zip Name of Civic Association: Mailing Address City State _ Zip 2 . Disclosure of Interest Information: a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership Application For Public Murin!! For pun Rezone 8/29/03 .1 . . -. Agenda Item No. 88 January 25, 2005 Page 40 of 86 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 Bank. of America. N .A. See Exhibit 'c' 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 PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Baldridge Real Estate. Inc. 11825 Manchester Road St. Louis. MO 63131 Ken BaldridlZe. Pres. e. Allen Kann, V.P. Percentage of Ownership 80% 20% Date of Contract: 9/29/03 Aoollcation For Public Hearin!! For PUD Rezone 8129/03 . . . 6. f. Agenda Item No. 88 January 25, 2005 Page 41 of 86 If any contingency clause or contract tenns 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: tenninates: , 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 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 leeal description of the property covered bv the apolication: (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: 28 Township: 49S Range: 26E Lot: 1 & 2 Block: 201 Subdivision: Golden Gate. Unit 6 Plat Book~ Page #:124-J34Property I.D.#: 36316400009.3631630000 Metes & Bounds Description: See Exhibit 'D' for legal description 4. Size ofpropertv: +/- 290ft. X +/- 123 ft. = Total Sq. Ft. 36.1 15 Acres .83 5. Address/e:enerallocation of subiect orooertv: Northeast corner of Golden Gare Parkway and 52nd Terrace SW PUD District (LDC 2.2.20.4): D Residential D Community Facilities rg¡ Commercial D Industrial ADDlication For Public Murinl! For PUD Rezone 8/29/03 _ _n_.__._ __ __. · .. -. Agenda Item No. 88 January 25, 2005 Page 42 of 86 - 7. Adiacent zoninS! and land use: Zoning Land use N RMF-12/C-4 Vacant / Shopping Center S C-4/RMF -12 Gas Station / Vacanti Golden Gate Parkway E C-4 Bank of America W PUD / RMF-12 S1. Elizabeth Seton Church / Multi Family 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). No. Section: Township: Range: Lot: Block: Subdivision: Plat Book_ Page #: Property I.D.#: Metes & Bounds Description: 8. Rezone Reauest: This application is requesting a rezone from the RMF-12 zoning district(s) to the PUD zoning district(s). Present Use of the Property: Vacant and partially developed with a drive aisle and parking Proposed Use (or range of uses) of the property: Retail New Auto Parts store or Office Original PUD Name: Ordinance No.: 9. Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Collier County Land Development Code, 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 documentation in support of the request. AoolicatioD For Public He.rin!!: For PUD Rezone 8/29/03 . . . Agenda Item No. 88 January 25, 2005 Page 43 of 86 PUD Rezone Considerations fLDC Section 2.7.3.2.5) J. 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. This application for PUD rezone is a companion application to a request to amend the Golden Gate Future Land Use Map to desÏl;mate the subject property as Activity Center. Lot I is already desÜmated for commercial office development in the Golden Gate Area Master Plan and lot 2 has been partially developed to support off-site commercial properties. Provided the application to amend the FLUM for Golden Gate is amended. this application would then be consistent. As stated in the Trip Generation Report. the traffic resulting from this project will not have an adverse impact on the adjacent roadways. Due to the interconnection between the bank and the subiect property, the ability for the proiect to disperse traffic through the existing commercial site will exist. It is anticipated that the impacts to any adjacent properties will be negligible. Water and Sewer use will be less than if the property developed under the current zoning, and solid waste pick-up will be handled by Waste Management. Impact on public services such as Fire. EMS and Police will be arguably less than under the development permitted by the existing zoning. 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 andfacilities 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. The project will be under the unified control of the applicant. Baldridge Real Estate. Inc. They or their successor will be responsible for maintenance of all common areas and water management areas. 3. Conformity of/he proposed PUD with the goals, objectives and policies of the growth management plan. This application for PUD rezone is a companion application to a request to amend the Golden Gate Future Land Use Map to designate the subject property as Activity Center. Lot 1 is already designated for commercial office development in the Golden Gate Area Master Plan and lot 2 has been partially developed to support off-site commercial properties. Provided the application to amend the FL UM for Golden Gate is amended. this application would then be consistent. 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 boundaries drawn on the Future Land Use Map are illogical in that they create an isolated parcel (lot 1) which cannot be ioined with other parcels of the same designation as is contemplated in the adoption language of the Golden Gate Area Master Plan. Should this rezone not occur. The only viable remaining option would be a .83 acre Multi-Family development. which is not desirable. AnnlicatioD For Public HeariD!! For PUD Rezone 8129/03 . . ... Agenda Item No. 88 . January 25, 2005 The.surrounding land use pattern is predominantly intense commercial. The Parkwá~<m~iìHsf 86 fully developed C-4 commercial and the immediately adiacent parcel is developed with Bank of America. To the south is Golden Gate Parkway and a!Zas station. To the West and North are both developed and undeveloped RMF-12 zoning and Institutional uses including a Church. associated parkin!Z and a school. The proposed limited retail use would be consistent with the existing land use pattern and be transitional in nature. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The project as proposed will meet or exceed Collier Counties open space requirement for projects of this size and type of use. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Water and Sewer exist adiacent to the site and discussions with Florida Gulf Utility Authority indicate that there are no capacity issues created by this project. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Once approved. this project will not be able to accommodate expansion. but will integrate with adjacent commercial uses for traffic and pedestrian circulation. 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. The Development regulations contained on the PUD closely mimic the reauirements of the most similar zoning cate!Zorv. Due to the presence of the alley on the East. a reduced setback is required on both the East and West sides. but are compensated for by increased landscape treatments. 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 subiect Dropertv: 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 Immokalee/Water Sewer District, ifin Immokalee) ofa 24" x 36" conceptual site plan [and one reduced 8W' I AooI.,1jooo I" ...", HNri" 1M ~VD R_. ""''''' ~ . . . Agenda Item No. 88 - January 25, 2005 x 11" copy of site plan}, drawn to a maximum scale of 1 inch equals 400 feet~~þd:1iH.~86 the followiilg [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; · all existing and proposed structures and the dimensions thereof, · provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), · all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], · required yards, open space and preserve areas, · proposed locations for utilities (as well as location of existing utility services to the site), · proposed and/or existing landscaping and buffering as may be required by the County, c. An architectural rendering of any proposed structures. d. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (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 with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation and location(s) of the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.). 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); ADDlicøtioD For Public He.riD!! For PUD Rezone 8/29/03 · -~ -- Agenda Item No. 88 January 25,2005 1. Any additi9nal requirements as may be applicable to specific conditionalPfi~~s4îR&86 identified during the pre-application meeting, including but not limited to any required state or federal pennits. j. The petitioner must provide a letter of no objection from the United States Postal Service prior to submittal of the application. Please contact Robert M. Skebe, Growth Management Coordinator at: U.S. Postal Service 1200 Goodlette Road Naples, Florida 34102-9998 Phone (239) 435-2122; Fax (239) 435-2160 k. An electronic version of the PUD on a disk as part of this submittal package. l. 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 tbeir public bearing advertising sign (s) after fmal action is taken by tbe Board of County Commissioners. Based on tbe Board's final action on tbis item, please remove all public hearing advertising sign (s) immediately. Land Use Petition Continuance Fees: Two days or less prior to meeting = $500 Requested at the meeting = $750 Additional required advertising charged in addition to continuance fees Application For Public Helrin!! For PUD Rezone 8/29/03 PUD REZONE APPLICATION SUBMITT AL CHECKLIST Agenda Item No. 88 January 25, 2005 Page 47 of 86 THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS #OF NOT COPIE REQUIRED REQmRED S 1- Completed ApplicationlPUD documents 24* V 2. Copy of Deed(s) and list identifying Owner(s) and all Partners 2* if a Corporation V 3. Completed Owner/Agent Affidavit, Notarized 2* / 4. Pre-application notes/minutes 24* V 5. Conceptual Site Plans 24* v' 6. Environmental Impact Statement - (EIS) 4 V 7. Aerial Photograph - (with habitat areas identified) 5* v' 8. Completed Utility Provisions Statement (with required 4 attachments and sketches) V 9. Traffic Impact Statement - (TIS) '1i\P (;et4. l2øRJør 7 V . 10. Historical & Archaeological Surveyor Waiver Application 4 ~ 11. Copies of State and/or Federal Permits 4 V 12. Architectural Rendering of Proposed Structore(s) 4 ..,/ 13. ~Application Fee - "PUD Rezone" = $10,000 + $25 per acre DComprehensive Planning Consistency Review = $2,250 o Application Fee - "PUD to PUD Rezone" = $8000 + $25.00 per acre Fire Code Review = $150 EIS Review = $1600 Check shall be made payable to: Collier County Board of Commissioners 14. An electronic copy of all plans and documents on a disk as 1 V part of the submittal packet. 15. Affordable Housing Density Bonus Agreement including all 4 v' Appendices and Exhibits. 16. Boundary Survey (no more than 6 months old) 5 V 17. Letter of no objection from the United States Postal Senice 1 V 18. OTHER REQUIREMENTS: . · Documents required for Long-Range Planning Review ·1 additional copy iff or affordable housing As the authorized agent/applicant for this petition. I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. 11í1k4- Date Aoolication For Public Hearinl! For pun Rezone 8129/03 May-1B-04 09:55A Talon Management 239 262 6198 ~Agenda Item Nt'SEP3 January 25, 2005 Page 48 of 86 . AFFIDA. VIT Well, A,l f:!N ~N being first duly sworn, depose and say thai well am/are the owners of the property described hereiA'and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclo.\·ure of interest iriformation. all sketches, data, and other supplementary matter attached to and made a part of Ih;..; application, are honest and true to the best of our Icnowledge and belief Well understand that the iriformation 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. Publk hearings will not be advertised until this application Í!i deemed complele. and all required iriformation has been submitted. 1(. 'f3euœ IwPseSc:IY . As property owner Well fUrther authorize -=rï J4 J1N\J œct:: to act a.ç our/my representativifin any matters regarding this Petition. 4,k Signature of Property Owner Signature of Property Owner tit/Ie Tl__.{¡, 41/ Typed or Printed Name of Owner Typed or Printed Name of Owner . The fÖregoing instrument was acknowledged before me Ihis J t1Jf- day of N" 'f' by 1+ U~I\J K 1't-N J who is personally known to me or has produced os identification. ,200£, p.l~~ /4/U.tJ~ , State of PItJ, Me.- County of "",'Ql(jfl,\ .r~¿f)oJl S (Signature of Notary Public - State of PI tJl"itJt¡} I&' $ J/J"'It./ (Print, Type. or Stamp Commissioned Name of Notary Public) W 6C18~ "1'lI THe JIt......1\ater:I ~ œIf~ ~(J ~m()l(~ QJII1"IfIIl_ 71IIiI8eW. OAVlDG.SCHOn Notav PIbIc . NoIary Seal S1aI&of MISIOUI St, lOUis County '- -r"T'1Ir.<Òn!1 Expires May 13, 2005 ---- -e "DDllaIÍOll For Pllblk Hcarl. lIor PIID Rrzoae 8I29/IU - ,,- '.. .--..----.-.- . . . V¿/V/IV. n~ ¿~.ao rAA a¿. OO~ waoo DLuJU:ot'r r.a..u AAr LAI' ... Vel", Agenda Item No. 8B January 25, 2005 Page 49 of 86 Golden Gate Excess Lani Collier County PURCHASE AND ~ AGR1:iliMBNT 'nus ¡>uRCHASl:AN}) SALE AGlŒEMEN"l' (this ,. Agreement") is r:oade between .BANK OF AMERICA. N.A., a national banking association ("Seller"), and BALDRIDGE REAL ESTATE, INC., a Missouri COtpOration ("Pu:rcbaser"). In consideration of the mutual c.ovmants atld representations hc::rClin c.ontair~ò, Sellt:!" and ~JrCr.as~r sgr:e as fol!o9!S: 1. PURCHASE AND SALE 1.1 Purchase and SaJe. Subject to the terms and c:onditlOl1$ of t:h1$ Agreement, Sener hereby agrees to sel1 and convey to Purchaser, and Purchaser hereby agrees to ¡urchase from Seller, the following described property (herein collectively called the "Property"): (a) Land. That certain traCt of land (th~ "Land") loc!.r~ in Collier I"'......,...k. F1c":~~ 10M,"=' -~.- n~~_1-1... "''''''''en'L-'' en ~.ibi· A ~"~~h"j h-" -.I VULUoJ..LJ...a. ,u.ua., '^'-e, I.LL.U,n.. t'a&.&.u..&4.IU.i..LJ u.~.1,üÇU L ~L.. IM.I.CMJ: t.. ,W....'^' t.Iü.U iüW~VÜ.ì.~ hl.äci.u 1.;'1Çf~lÇj)Wt (b) Easements. All 01 Scller's nght, btle, at1<I '"teres! In and to all easements, if any, benefiting the Land; and (c) ¡iohts and Annnrt~lIJ1CeS. All rights and appurteI:18n(:es pertaining to the foregoing including any right, title and interest of Sen~ in and to ao:\iac.eI1t streets, alleys or rightsof-v.Y3)'. 2. Pì..ì'RCHASE PRICE 2.1 Purchase Price. The purchase pncc (the "Purchase Price") ft·]" 1he Property shan be AND NOIlOO DOLLARS t. . and shall be paid by Purchaser to Seller at the CJcmng (as defined in SectiOlL6.l). The Purçbasc: Prk~ sh;ill ~ payabl~ at Clo$iog in United States currency as provided in Section 6.6(;\) below. 3. EA..~~·JEST M01\"EY 3.1 Earnest Monev. Purchaser shall deliver to STEARNS WEA'~"ER MILLER WEJSSLER ALHADEFF & SITTERSON. P.A., (the "Escrow AScot") as escrow .1I, within two (2) business days after the date of this AgreemeDt, the sum of TEN THOUSAND AND NOll 00 DOLLARS (S10,OOO.00) in cash (such amount. together with all mtet'eSt, if any, em1ed thcœon being rcfarc:d to as the "Earnest Money"), to be invested by the Escrow Agent in m account as {431196.DOC:1\ 091603 ,- . ~ -. UL/UI/U. n~ L~;~I rAA dL. ðØd »d~ð JU.UaI;;N I' t;LU J\AJ" 1.JU'I IfIIUU" Agenda Item No. 8B January 25, 2005 Page 50 of 86 Pnrcbaser and Seller shall direct. On or before the expiration of the Inspection Pariod (as defined in Section 4.2 hereafter). Purchasar shaJJ deposit with Escrow Agent an additionaJ J1On-~fundable 5U11t ofTEN THOUSAND AND NO/tOO DOLLARS ($lO,OOO.OO)~ which sum shall 1Y.: added to !be Earnest Money. Sener shall !W,1e the option of declaring a default :nd terminating this Agreement if the Earnest l',.{oncy is not dclhwï:d to the Escrow Agent within suclï. time. At the eud Qf lW; Inspection Ptriod, ptoviÙèÙ. íhis Agrccmcoi has not been terminateri by Purchaser in accordance with any right to tenniDate that Purchaser is granted by the terms of th'Í$ Agreemcmt, the Earnest Money shan become DDD-rdùndablc. If the sale of the Property is consummated pursuant to the terms of this Agreement, the Earnest Money shall be paid to SeDer and applied to the payment of the Purehase Price. If Purchucr terminates this Agreement in accordance with iknY right to terminate that Pureh3-~ i! granted by the terms of this Agreement. the E!!1!1est M·mey shaH be jmmedi~tel)' return=! to Purchaser) 3I'Id no partj' hereto shall have arry further obligaticmi under this Agreement except for the obligations ~ified in Section 4.2. Sœtion 4.3 and. ;)ection 10.2; provided, however, Escrow Agent's obligation to refund the Eawe:.t Money &baJl be CMt;t\ßent upon Purcbascr' s comp~iançe with Section 4.3 hereot: Purcba.ser and. Seller sball enter into an Escrow Agreement with Escrow Agent in the form attached hereto If. Exbibit B wit:b regard to the Earnest Money. 4. CONDf110NS TO CLOSING 4.1 Deli\,'erv of Tiî1e ComnúUliilût iu.1d Sw.v~. (a) Seller shaU obtain and deliver to Purchaser within fi1'b,. (IS) days atter the date of this Agreement, at Pwcbuer's expense, a Commitment for an Owner's Policy of Title Insurance (the "Title Commitment"); su<:h Policy to name Purchaser as ÌDSured, in the amount of the Purc1\:IE! Pri~~, iM'lning fltat PH~h~o;r.'!f owns good and ind~fi,.sibI~ ~ 9Ï..mple titJ~ to th~ Prapo:rty, subjeçt only to the Permitted Exceptior.s, as hereinafter defined. At Pur.:~1aSer'S option and cx:pcnsc, Purchaser may obtain a. current ~'C"I of the rropcny ,:thc "Survey"). prepared by a ~cd ~w\leyur. (b) Purchaser shall have ninety (90) days after the date of this Agreement (the "Approval Period'') withiD which to approve or disapprove the Title Cnrnm;1mcnt and the SUlVC:Y. including the information reflected therein, such approvals or disapprovals to he within Purclmer's sote discretion. IfPmchaser fails to disapprove any such it~ by 'mtten notice to Seller within the ~'q)prov31 Period, Purch3$er $hall bo deemed to b¡n'c appzm'cd ;;uch item. If P'ùrchaser disapprove.¡ illY such. item b}' ¡;"ï:itten notice tv Scl1er dw.iüi, the Appíúvil Pëäiud, Së:;l1ë( shall have the right (without any obligation to do so) 10 cUle or attempt to cun: Purchaser's objections to such item within ten (10) days after Purchaser's notice oj· disappro~ or. 1f sooner, by the Closing Date (as hereinafter defined). In the eveut Seller is UDab~e to or elects nut to cure any one or more of Purcha.sers objections pursuant to 1bis Section 4.1 and Section 4.2 below, Seller may notify Purchucr in writing of such election and request that Purc:haser waive Purchasers right to TerminMe Tbig Agrmnmt doe to suc.h obje<".tion(s) (the "Election Nc-rice"). Un1e~s ~ eIle,r rec.eJv~-s a notice from PurchasO:f within ten (10) days after such Election Nc,tice (the "ReSf~mse Notice") waiviìlj P¡¡¡'~er's ûbj~ti.on.s tv tœ items speçified in the Election Notice. either P;¡rty s.hall have ¡4~IB96.DOÇ;2} 091603 [BOA.:¡;m08) 2 . . . U~/UIIU~ "CU ~~:~o rAA ~~. OD~ ~~OO þ~u~~r~LU AAr~ I(IUU. Agenda Item No. 88 January 25, 2005 Page 51 of 86 the option to tcmIinatc this Agmmeut by notice in writing to the other party. The tam "Permitted. Exceptions". as used hcreín. shall mean (i) the title exoeptions listed in Schedule n of the Title Commitment w1'tich 'Pureha.~ 8J1fJf'Ove!; nT is deemed to ~v('! pumllQrt to this ~c1iQD 4.1. (ii) my go:neral exceptions and exclusions contained in the stmdard owner's polic)' of the Title Company, exCqlt to the extent deleted based upon the Owner's Affida....it defined in ~ìc:ction 6.5ld) helcof or the Survey if procured by Purchaser, and (ill) the exceptions listed (In the Special Warranty Deed attached as an Exhibit C hereto. 42 ln$pection. Purchaser may inspect the Property at any tea&OJiaòie time on or before one hundred eighty (180) days after the date of this Agreement (the IIJDspcction Period"). To the extent such documents are in Seller's posscsaion, Sella shall provide Purchaser ~ò'Íth copit$ of any and aU title insurance policies, $U]'Vey5, studies and reports concerning tit!. ProJ erty, If such lt1.~on reveals any fact or condition unacceptable to Purchaser or Purchaser is dissatisfied with the content of an)' materials. except any title insurance policies which ;;hall be addtwic:d pursuant tü Section 4.1('0) above, delivued by Seller, PutChaser may tcnninatc this Agrccmerct by notifying Seller in writing prior to the oxpÌI1ItÎon of the Inspection Period. Purcl1aser sball have the option of exteDdmg the .lnspccnon Penod tor tbnty (30) days by delivering to :;cller a fee of $5,000.00 (the "Extension Fee") prior to the termination of the Inspection Period. The Exte:nsion Fec sball be non- refundable and shall DOt be applied to the Purchase Price:. In the event Pt.U"clwer does not give such notification to Seller in writing prior to the expiratiC)ß of the Inspection Period, 5ait:l inspection of tqC Property and reYi~ of Imterials !!u!! be deemed saìÍsfa!:t.oI)' to P-..m::h:ser. and }). ~er s!-.aTI be deemed conclusively to have waived its termination rights under t.'ús Sccti.on 4.2. With respect to any sübS'ÙI~ or éüVUVnw.eütal iü.\içsù~us (~xœpting only a. Phase: I Enviromucntal Audit). Purchaser sba11 notify Seller in writing of its intention or the ÌDtcIltÌon of its agents or representatives to undertake any such investigations at least 48 hours prior to such intended investigations and obtain Sellers written consent to any such investigations to be c.mducted. At Seller's option, SeUer or Seller's agents may be present for any such investigations. P 1tChaser shall bear the cost of all such investigations. An infonnation provided by Seller to ~2" or obtained by P1J~ht1s~ ~l~t1ng to the Propmy!..1'1 the 4:0UI'Sp. of its revi~, iT1cJnding, withQ1.rt 1i!!'.i~tion. any em~t'O"..mental ass~erJ or audit, shall be trc3tcd as confidential icformation by I'urc~ :md rì.ù.--cr.æ¡;¿ shall in¡tr'~t aU ûf iu employ~. ageüu. representëãti.....;s ¡¡¡-ad wütIa.;;~:.rs as w the ooufiùcntia1ily of all such infonnation. Puø:haser lihall òe liable for all costs and ex.,·eÐ5eS. and/or damage OI injury to any person or propczty rcauiting from any sucl1 inspection Of any iailure to keep all such information confidenlial, whether occasioned by the acts of Purchaser 1)[ any of its cmployœs. agents or rcprcscntativc:s. and Putcbascr shall indemmfy and bold bam1le~;s Seller from any liability, claims or expeases (including. without Jiuritation. mechanic's liens andiDl' reasonable attorneys fees) resu1ting thoefiom. The ob1igations ofpurobaser set forth in this ~tion 4.2 shan su...rvive the Closing or the tennination of this Agr:em~, as applicable. Additiomdy, Purdw'=I' grants Seller a security interest in the Earnest Money as security for Purchaser's in,icnmmcarioil prüvidcd in tbi¡ paragraph. 4.3 I "'-"T'Ilnatinn, jf this AgIcc:ment is tum;nAt-ed pursum!: to Secti.oD ,..1 or Section 4.2 above. the Earnest Money will be promptly refunded to Purchaser and neithœ' party shall have any further obligations under this Agreement except with rcspœt to the obligatioI'\:; specified in {43Ia96.DO(;;21 091603 r80^fl;n~11 j .-- -.- .---..----- ·-> . ~ '-. u~,u"u. "~~~;~Ø rAA ~~. OO~ .~OO ,DJ..IJIIA,I'r A""" AA.C' &./U' ... vv~ Agenda Item No. 88 January 25, 2005 Page 52 of 86 ~nn 4.2 and Section 10.2. Pun:b.asel s.baJ.l. within ten (10) days c·huch taminaliou. dehvec to Sella- çopiea of all feasibiüty studies. surveys, P.I'Igjnecring reportS and an otbc· infurmation obtained by Purchaser with respect to the Property. 4.4 Environmental Remediation Contingency. Notwithstmding m&.ythin¡ to the cont.....¡ contaÙlcd L."1 this Agreement, Purchaser and Seller expressly ¡¡rea that in th-ë event Senerþ in it¡ wIe discœüo.û, doktw.ilÞ:s the mx:essity of an extended,. ongoing enviromncni.al remediation (incluóing. widlom limiuwon, monitoring with respect to any underground ttorale tanks and associated pipmg and equipment) of the Property (or any adjacent property or any groUD.dwater which bas become contAmi'tl9tf1d as a diIect result of the mignuion of hazatdoU$ and/or toxiç materials or substanœs from the Property) in order to comply with any laws, ruleE, regulations, orders, directives or mandates of any local. state or fedent] gnvt:mmm1a1 or quasi,. ~vmnnenta1 authority having jurisdiction ov« the Propmy mdlor any e!2'(1ÍrOnmental related risk:~ or hazardoU."l conditions a5$OCiated therewith, ScHer, at ¡my time prior to the Closing, shall notify I'w",hascr in vwTiting üfthe necessity for SUC;h ilnticipated ongoing ¡~edia1ion. Scller aud PIlICM;ø{ man have ñfteen (1 S) days following Seller's delivery of written noùce to Purcbase:r of Seller's .ietc:rmination of the necessity for such ongoing remedìatíon (tb.c n&viromncnta1 Review Period") in wbiçb to ag.:-ee upon (a> the extent, çosts, nature and allocation of tho liability and rcspon;:;ibility for the ongoing remediation, (b) the form and substance of lIlY and all further documents to b, executed by Purchasc:r and Seller at the Closing in connection with such ongoing rcmcdiatiml, and (c) an extf!l'l~l)n of the CIM.Ú1g Date, In the ~t Purobøser and Seller c.annot reach an ag-eement upon the !'!'..a.tters set fort.h in items (a), {b} and (el of 1his Section prior to the expiration of the Emironm~ntal Review Period, then either party shan be entitled to te.tmi.oatc this ,~ by ~v~ WÚlû=l1UUÛCI;: WQw[ to ilu;; oWc:r Oll or ò¿ore Lbe expiraiion o)f ihe EnvU:omr.cnta1 Review Period. S. NO J:U:;p.R..b:>~TA110NS OR WARRANTIES BY ~P.ï J.PR.;. ACCE~TANœ OF PROPERTY 5.1 l>1scJauner. PURCHAS1i,R ACK.NOWLJiD(iES ."-ND AGREES THAT SELLER HAS NOT MADE, DOES NOT MAY..E AND Spa;.u~lCALLY t."ECATES AND DISC'".....AL.\íS lU..'Y REPRESENTATIONS, W ARRAL'ITIES (01HER THA1~ THE ,VARRANIY ûF TITLE AS SET 01;.,. IN TriE SPECIAL W ARRANïY DEED, AS DE.tJNED BELOW"), PROMISES. COVENANTS, AGREEMENTS OR OUARANTŒS OF ANY KIND OR CHARACtER WHATSOEVER, WHETIIER EXPRESS OR IMPLIED. ORAL OR WRI1TEN. PA~T PIW.S~T, OR t·UTUlW. Ot'þ N:) TO, CONCæNlNG OR WITH RESPECT TO (A) THE VALUE. NATURE, QUALITY OR CONDmON OF THE PROPERTY, INCLUDING, WITHOUT LIMITATION, THE WATER, SOIL A.'ND GEOLOGY, (B) THE INCOME TO BE DER.1\'ED FROM THE PROPERTY. (C) THE SUITABILT'fY OF THE PROPERT.Y FOR ANY M'D AIl.. ACTIVITIES AND USES WHICH PURCHASER MAY CONDUCT TIEREON, (D) THE CO~1Pl.IAJ.~CE OF OR BY 11Œ PROPERIT·ORITS OPERATION vY1TH ..u'n' LAWSþ RULES, ORDINANCES OR REGULATIONS OF M"Y APPUCABLE GOV}i~U"¡ME1'4-rAL AU1HORlTY ÓR HOVY, (~) THI: },j.A1UlABlUn· þ MERCHA~l'AHlUl'Y. MARKETABILITY. PROFITABILITY OR ,HTN.ëSS J:o'OR A P¡\..RT1CULAR FI)~h Oil (431896.00cól) 091603 (80"'.$.1$01) 4 . . . ...._. _...... .._ ..v...,... ..,.... ..,.... VV-' .""'1 Q......A£"I..rs;.¡,.u AAr&...IIJ. 1fU uu~ Agenda Item No. 88 January 25,2005 Page 53 of 86 THE PROPERTY, (F) THE MANNER OR QUALITY OF THE CONSTRUCTION OR MATERIALS, IF ANY, INCORPORATED INTO TIŒ PROPERTY, (G) TIU: MANNER. QUALITY, STATE OF REPAIR OR LACK OF REPAIR OF TH'F. PROPF:RTV, OR (U) ANY OTHER MAITER w:rm FESPECT TO THE PROPERIT, AND .SPECIFICr\LLY, THAT SELLER P.AS NOT M.ADE, DOES NQT MAKE AND SPECJFJC/tlL Y DISCLA]MS ~W REPRESENTATIONS REGARDING COMPLIA~'¡CE wrrn ANY EN'rv'IRGNMENTAL PROTECTION, POLLU11ûN OR LM1) USES LAWS, RULES. REGù"LÄuO:i"S, ORDERS OR REQúIR.ElvíEN1S. iNCLUDING THE EXISTENCE IN OR ON THE PROPERTY 01" HAZARDOUS MATERIALS (AS DEFINED BELOW). PURCHASER FURTHER ACKNOWLEDGES AND AGREES THAT HAVING BEEN GIVEN THE OPPORTUNITY TO lNSPhCT THE PROPERTY, PURCHASER IS RELYING SOLELY Û~ ITS OWN INVESTIGATION OF 1HE PROPERTY A.ND NOT ON ANY INFOR.M:ATION PR~VIDED OR TO BE PROVIDED BY SET .fER AND AT THE CLOSING A,jREES TO AÇt;~uJ 11Œ PROPERTY J'J\"'D W.AIVE l\L1. OBJECTIO:r-.TS OR CLAIMS AGAIN~ T S~ (INCLtJDING, BUT NOT LIM¡¡W TO. ¡.J{'{ RIGHT OR CLAIM OF CON::ïUBU110¡'1) ARISING FROM OR RELATED TO mE PROPERTY OR TO Al'I'Y HI\ZARDûUS MAIERlALS ON IRE PROPERlY. PURCHASER fU:RTHER ACKNOWLeDGES AND AGREES THAT ANY INFORMATION PROVIDED OR TO BE PROVIDED WfIH RESPECT TU T.tit: PRUPbRTY W ~ OBTAINED FROM A VARIETY OF SOURCES AND THAT SEU.ER HAS NOT MADE ANY INDEPENDENT INVESTIGATION OR VERIFICATION OF SUCH INFORMATION AND M..~..ES NO REPRESENTATIONS .<\8 TO THE .\CCTJRACY OR CO~1PLEIEl'1ESS OF SUCH ll\1FORMATION. SELLER IS NOT LL\BLE OF~ BOUND IN M"l MANNER BY ANY VERBAL OR \VRI.TrEN STATE:tvŒNTS. REPRESEN1ATIONS OR n'lj"FORMATION PERTiill~1NG TO HiE PROPERTY, OR THE OPERATiON THEREOF, FURN1SHED BY ANY REAL ESTATE BROKER, AGENT, EMPLOYEE. SERVANT OR OTIŒR PERSON. PURCHASER FURTHER ACKNOWLEDGES AND AGREES THAT TO THE MAXIMUM EXTENT PERMlTIED BY LAW, THE SALE OF THE PROPERTY AS PROVIDED FOR HEREIN IS MADE ON AN "AS IS" CONDmCtN AND BASl~~ wrrn ALL FAULTS. iT JS UNDERSTOOD AND AGREED THAT THE PU~.CHASE PR1C:E: HAS BEEN ADJUSTED BY PR!OR NF.GOTI:&.T!ON' TO P.EFLECT THAT ALL OF THE P:tOPERTY IS SOLD BY SELLER A..'1D P'tJRCHASED BY PURCHASER. St.'BJr:.cr TO mE F:)REGOlNG. TIlE PROVISIONS OF TIllS SECTION 5 SHALL SUR.\Tv"E THE t."LOSING. 5.2 HnU'dous Materials. ".Hazardous Ma1crials" shall mean any substance which is or contains (i) any "hazardous substance" as noWOT hereafter defined in the Compreheo.sive Enviromnental Respome, COIIlJ)ellsation, and liability Act· of 198':'>, as amended (42 U.S.C. §9601 et seq.) ("CERCLA") at any regulations promulgated under (1:' pursuant to CERClA; (ii) any ''hazardous wa..ct~" as now or h~afte!' dm"M in the Resource Cor.tservation !..'ld Recovery Act (42 U.S.C. §6901 et. seq.) (''RCRA. ") or regularions promulg.ned under ·)f pUl'StW1%: to Rcn~ (ill) any substance rc¡u1øtcd by the Toxic SW>stanccs Control Act (15 u.~:.C. §2601 ct seq.). (iv) gasoline, åicscl fuel. or other petrolcum hydrocamom; (v) asbestos and asbestos conIai.nin& materials, in any form, whether friable or non-friable; (...i) pol)'Cbloñna.t~ biphenyls; (vii) radon PS. and (viii) any additional substançes or ma1Crials wb1ch EC IlO'N or ba'eaftcr classified or considered to be hazardous or toxic under Environmeo.taJ Requirements (IS hereinafter 4318H.DOC;2) 091603 [B0A.52?S081 5 ,-, . ,- ~ -9 .. ... -- ... -... ......... .. ""'.... _N"'~.."""" ............... 'Wvv. Agenda Item No, 88 January 25, 2005 Page 54 of 86 defined) or the Ç()lDIDOn law, or any ocher appliœble laws rclltÍ1l¡ to the Propert;. Hazardous Materials shan inch:ado. without Jimitation. any substance, the preserlce of whicb OJ) the Property, (A) requúes reporting, investigation or ~ation under F.nvimnmenta1 Req,u;remen~; (R) c."nses or threatens to cause a mùsmc.e on the Property or adjacent property (If poses or thre.a-:c:ns to pose a hazard to the health or safety of persons on the Property or adjacent property; or (C) wh.iclJ. if it err.ana.ted or migrated ftom the Property, Gould constitute a trespa.». 5.3 En'Vironmental R.cqµift!m.. EnVÍJ.'ODma1ta1 R.equirement$ shall mean all laws, ~"An~, swut.cs, codes, rules. resuJatious. agRICIDCIlts, judgm.cn1l. 0Jdm.. and decrees, now or hereafter CÐ~ proœu}ptc:d. or ammded. of the Un1ted Sr.res. the states, the counties, , the cities. or any other po1iticaJ subdivisions in which the Property is located, and any othef" political subdivision, agency or instrumentality exercising jurisdiction over ttlC OWJ1C1" of the: Property, the Pr>~~rty, or the use of the Property, r:latin.; to pollution, the protection or regulation of human health. natural rcsou."'Ccs. or the cmironmcnt. or the emission, di&;hargc. rclcase x ~ le.leasë úf puUuW1ts. Cü:OÍiq'lirumf$, chemicals, or indu.striál, toxic or baurdous substallCCs or waste or Hazardous Materials intO the environment (including. without IirniWÍon,. ambit.f.t air, sUIÍacc water, ground water or land or soil). 5.4 .Radon Notice, RADON IS A NATURALLY OCCURRING RADIOACTIV.E GAS mAT, WHEN IT HAS ACCUMULATED IN A BUILDING IN SUFFICIENT QUANTITIES. MAY PRESENT HEALtH RISKS TO PERSONS WHO ARE EXPOSED TO IT OVER TIME. LEVELS OF RADON nIf,.T E..'XCEED FEERAL A...'''D STATE GUIDELINES HA \IE BEEN POUND IN BUIIDINGS IN FLORIDA. ADDmONAL INFORMATION REGARDING RADON AND RADON TESTING MAY BE OBTAJN1ID FROM YOUR COUNTY PUBliC HEALTH UNIT. 5.5 Environmental Risp. Purchaser acknowl~,. that there art'. or may be, certain environmental issues and/or risks with respect to the Property. 5-6 Tl1demnity. Purchaser herc::b)' cxpr=sly aç~·lcd,C5 that irore. and after the Closin¡. Purchaser shall be responsible and liable for the proper maintenanGe and hawJ1iD& of any and all HaucdüU$ Materi4hì. if any. l~ in or ou Ihc: Pr:opert.)' or Ú11hc 1m:!novc:mc:nLs in accordance with all EnVÍtoDmeDtal Requirements. inç\udin& the rcaulaIiom at 40 C.r-. R. Section 61 as authorized under the Clean Air Act and all regulations promulgate.:1 or to be prom' Jlgated under all othcz',applicable local. state or fcdera.llaws. JUles or rcgu1ati~, as saIIlc may be am.c:aded 1iom time to time. Furthermore, from and after Closing. Pun:.hase:r sbaI1 indemnify mi bold Seller harmles! ñom and against any and a11 cIairm, costs, damages or otbea·liabitity, inc:Juding attorney's fees, ~J..'1":d by S~ller as a ~uh of any P..azardous Materials being located now or }reviously on the Property or in the· Improvements or as a result of Purchaser's failure to corr¡ply with the requiremcms of this Section in COllUcx;tiOIl with Purchaser's propcr ma.:ntcn:ml:C and laëndling of 111)" and all Hazardous MaœriaIs, if any located in or on tbø Property 01' in the Improvumeuta. This Indðmnificalion.sbaIi survive the Closing oftbis Agreement. 1431896.DOC:21 091603 !BOA Ifs:m08J 6 · · · ..._. ..." .... .._ ..V'.....v ...... v..... ."V., ..~9. ""'UIlCo&~1' CoLo&l AAI'~' .., UU6 Agenda Item No. 88 January 25, 2005 Page 55 of 86 5.7 Release. PuIcbase:r, on behalf of ttself and Its heirs, 5\1œCSSOI5 anci ISSlgDS hereby waives. releases, acquits aDd forever' ciischa1'p Seller, its officers, diJectors, sharebolders, employees, agents, attorneys, reprcseDtativcs, and any other persons acting on behalf of Seller aDd the sucr~on; and assigns of any of the preceding. of and from any and an c1aims, :ëtr~ons. causes of action. dem:..."lds, rights, damages, costs. expenses or compensation '\\1latsoevcr, dù'ect or indirect, kiJ.o"Wu or UIiknown. foreseen or unforeseen. which Pun:baser or allY of its heirs. ;UCUSSOIS or BS$Ìgns now has or whiçh may arise in the future 011 account oÍ OJ in any way I<'.::.ated to or in colDlCCtioo with any past, Present. or future physical characœristic 01' CODdi1ion of the Property or the Jmprovcmc:ms, inc:ludmg, WIthout Imntation, any Hazardous Matarials in. at. on, UI1CIa- or related 10 the Property or the Improvements. or any violation or potential violation of any Environmental Requirement applicable thereto. Notwithstanding anything to the contrary set forth herein, this release sball survive the Closing or termination of this Agreement. 6, CLO~lN(j 6.1 ClosinK. The closing (the "CIosing") shall be bold by 8ODdin¡ the l.1osing .DocW1ents to the k.scrow Agent by U.~. Mail. f'ederai Express, or other mail service. OIl or before thirty (30) days after the expiration of the lnspcdion Pc::riod, as cxb::Ddcd (the "Closing Date"), unless tbc parties mutually agree upon another pJaoe, tune or date. 6.2 POIJ8C5.sion, POtiscs5Íon of the Property shan 1:w: ðoJjveJ1:'(l to Prrçha..<ICIt at the Closing, subject to the Permitted Exceptions. 6.3 Proraúon: Tax.c:¡¡. At Clo~ pro-rÆun::; of incoxœ uud e>;pt:mit: aud 1b~ apportionment of taxes sba1l be as follows: (a) All prorations sba1l be made as of midnight of the ~. prior tò the Closing. Taxes shall be prorated based upon the maximum allowable discount and other applicable exemptions. If the Closing shall occur before the tax rate or theassc.'ISed valuation I)fthe Property is fix~ fur the then CU::~lt~, th~ ~rtionme-nt ofta.xe! !han be'lp!ln the. bari~ ·,r 110% of the tnxe~ pcid for the preceding j'~c.r with. the maximum :1l1o',v*le di!;count :md ott.er :lpplícable exemptions. Subsequent to the Clo5ing. \\-MIl the tax me and the ¡¡sessed \lë.JuatÌon of the Property is fixed Íor the year in which the Closing occurs, the parties agree that th-:r.:c shall be no post..çlosing adjustment of the tax proration. (b) shall survive the Closing, The agreements of Seller and Purcbascr SC;t tOnh in Ù1lS Section ó.3 6.4 Closine: Costs. E.~ as otherwise express!}' provjded h~'I'~n. Seller shall pay. on the Closing Date, ~ documentary ;+.amps on the deed, ceaûñed and pend:ng municipal 6-pðCilil üti~oM\."nt 1íçu¡ for which the work bai been substanti¡1ly oompleted, and odlflr customary charges and costs of closing cu.stomarily paid by Sellers, and :Purdwser sba1l pay, 00 the Closing Date, tho 11tie msurance pre:nùum. if any, fur the Owners Policy and reiated title SE:arch expenses, which shall be at promulpted rates. aD recording costs, intangible tax on allY mortgage, I"JII\I6.DOC;21 091603 J8OAf'S27501) 7 ---.-...----- . .. ¡-9 __, _.., _... .._ ........v.. a~ ....oL... v....., "VVv ø.....\.I.III.Co&.i\,C".c,.......... &AI" &....IU." ow UU. Agenda Item No. 88 Ja~uary 25, 2005 Page 56 of 86 documentary stamps on any note, pending special assessmeDt liens for which the work. bas not been substantially complet~ impact: fees, and the cost of any inspections and/or surveys, and other customal)' charges and costS of closing customarily paid by PuJ:chasers. Excepi as otherwise provided herein each pæty $11..11 p~ its own attorneys' fees. 6.5 Scl1er's Cblimiong at the Closin~. At the Closing. Saller s.t all deti:....er tv Pürcli.asc1:.r aacll or the follow iz..i8 documeuti: (a) . ~ Special Warranty Deed (the "Deed") execu.led by Seller conveying the Land and theImpro~ents located tn8feon to Purchaser subject to no exceptions other than the Permitted Exceptions, in the form attached to this A.greEment as Exhibit C. (b) Evidence of Authority. Copy of such documents' and :'eSOlutions t!S may be acceptable to the Title Company, so 3B to trI'Îdence 1M authority of the pm Cn signing the Deed and other documents to be executed by SeUer at the Clo.sing aIld the power Ell),! authority of Sellsr: 1.0 convey !he Property 10 Purchaser in accordance with this Agroement. (c) Foreign Pmon. An affidavit of Seller certifying that :;cller is not a "foreign penon," as defined in the Fc::dcnl Foreign Investment in Real Property Ta:.; Act of 1980, and the 1984 Tax Reform Act, as amended. (d) Owner's Affidavit An executed affidavit or other doeu:mem acceptable to the Title Com:p'aa}' in i$$UÛ1g the Ov.ucr's Policy without exception fer possible lien claims of mecJ:.aniëS, }aboter~ and mati:riaJmeil and without exœptiùu W.( pa.rti~ in pi)~i()u. (e) CIosins ~tatanen1. A closing statement settmg tOrtb !be aüocation of closing costs, pu.rcbase proceeds, etc. 6.6 PurchIl...'iCl'S ObliuUons at the CloJing. At the Closing, F'tll'Chascr sball de!ivC!!' to Sell~ the followirl..g: (Ã) P"rJrchase Price. The Purchase rric~ by wire tran¡fcr or other immediately available: funds; . . (b) Evidence of Authoritv. Such coaseabI aDd amborizatoas as SeDer may reasonably deem necessary to ovidentc autbonz:atìon of PutduIsar tar the purchase of the Property, th~ execution and deJivery of any documents required in connection with CJosmg and the taking of aJ1 action to be t:atœn by the Purchaser in connection with Closing; and (c) Other Docum~t1tion. Such other documents as may Oe reasonable and n~ in the opinion 9f the Se11cr or its counsel to consumma.re aDd close tlw purchase and sale contempiated herein pursuant to the teIms and provisiom oÍ thii Agreement. i431196.00c:2 091603 (BOA .$1'7501) 8 . . . _. ., ..... ._ _....__ .._ .,...... VI"'''' D...."'~..r.¡:.¡.u AAr~" IjU U1U Agenda Item No. 88 January 25,2005 Page 57 of 86 7. KlSl<. Ur WSS 7.1 Condf!mn2hon. 14 prior to the Closiu& action is initiated to ttke any of the Property by ~..int;!lt dQmain p~jn~ or by d«4 in lieu there,£, Pl.!r~h8.ser !flay eitber (a) tenninate !his Agreement. or (b) consummate the Closing, in which la1tC'l' event the award of the condemning autha..'Ì.t''f shall be assigned to Purchaser at the Clo$Íii.g. 7.l casualty. sener assumes all risk$ and liability for ciamage to or jDjury occurring to the Property by '.tìIe, storm, KCldent, or any other casuaI.ty or cause UDtl the Closing has been consummated. 8. DEFAULT 8.1 Breach bv Seller. If Seller breaChes this Agreement, PUtt't-œer may, as Purchæer's sole md exclusivè remedy heœ-WJ.der, either (a) termin&te this Agreement ¡1i1ð, tbele-üpün shall be entitled Lo the ~diate retum of the EIImfI5t Money, or (b) enfurce specifi.c performance of this Agreement. in no ,event shali Sella' be liabie to Purçba¡er for any IK=tJai.. punitive, speculative, consequential or other damages of any kind. ~.2 Breach by Purchaser. .If.Purcbasel" breaches this Agreement, ~Iclle.r may. as SeUer's sole remedy and reUef hereunder terminate this Agreement and thereupon ',e entitled to reœ!v~ th~ E!!.!'nest Mœ\ey !.S liquiœt:¿ dsm!.ges (end not as a ~:altj). SeUer and P .1l'cÞJ!...-er have made the above provision for liquidated damages bccan~ it would bt difficult to CéJmùate. on the .t..... ' ,. .. t ,. ....~ '.I.~...~i. r. " '.....t '!.o..1 .t. ...t· 1 ~ n~rwl, WI: iUUUWl U.L ~u¡u ~~ AUt IóUCl1 Ol~u.. iIuù IoUoM> w.~ ::two.:. n;p~t:w. ~ I;: compcDSation to Selier for such breach. 8.3 R.etumIDelìverv of Earnest Money. In the event the Eam,. Money is mamed to the Purchaser, as proví.dcd in Sedioo 8.1 above, or ddivc:rcd to the Sc~~. as provided in Section 82 above, upon the return or delivery of the same, the parties hereto sban hIVe no further: rights, obligations or liabilities with re9pect to each other be1"e'l.mdcr. except for !tIe obligations ~p:cified in S::cticn 4.2. Se...'1iot}. 4.3 :m.d Section 10.2 hereof 9. FUTIJRE OPERATIONS . 9.1 Future OPerations. From the date of tbís Agmment until the Closing or earlier temrination of this Agreement, Soller 'Will (&) keep anc1 nmntJDn the Property 1TI substantla11y the same condition as of ~ date of this Agreement. ordinary weu and tear cxc-:pted, aDd (b) pmmptly actvi!le Pnrcha.qer of any litigation, amitndion or administrative hearing c~mceming the Property arising or threatened ofwbich Seller has written notíc~. 9.2 Rest1içtive Covenant. Purchaser shall not use or parmit the Jtroperty to be usoó by any penon or entity for "retail bmking purposes" (the «US~ Restriction'') ¡'or thirty (30) years after Closing (the "}{c$trictcd Period"). The teTm ''n:ta11 banking purposes" shall inciude, without limitation. œceiving deposits or making loans to the general pubhc, ~gj'Qa in the &ale of {<lJI896.DOC;21 091603 (80AøS27S0Sj 9 · .. --. --. ...' ..... 11_ .."'. V... &. ß.I1o. VA" U'U., ""00 D &..uaz:,¡~r r.&.U AA.t".I.A.I'I ICIOll Agenda Item No. 88 January 25, 2005 Page 58 of 86 iDIurance or securiti~ pt:OYiding trust 5ClVÌc:es or eopging in stock or mortgage brokerage. wbetbc:r daDe by a state baak, nArinw.1II bank, saVŠDgs and loan associatiOll" c:rcdiIuoion or odH:r entity. whether by walk-up ~ drive-in tc11er facility. ATM or otherwise. In additio:u, during the Restricted Period: (i) there sþalI be no signage OT 8dv~.$ing of my 1ype placed '-'I' ptmritted upon any portion of the Property that relates to a financial instimtion, including Purchaser -:the "Signage Restriction''), md (ù) there ~ be no public announcements, advCJ.1ising, solicitations. business de-...e1opmeot, lJOtiœ¡ or othCf publiti.tions rc1ating in any mAnlh'lr to tho pR8e1lt or !iï.fw:e o~on or a linandal institution, incl~ Purchaser, upon the Property (the ('Advertising M:tOCtion"). In the event of a violation of the aforesaid Use Restriction. AdvertJ&íng lù:striction or Signage Restric1ion (collectively, the ':'ResttiCÜODS"), Seller SbaJI be entitled to pursue all rane:lies available at l.aw or m eqUIty. inC~ without limitation, injUDCtiva relief. In addìtion. S,lIer shall be entitled to recover ftom Purchaser 1iquídated damages in Ibe amount of 52.000.00 p€r day fOt' any violation of the Restrictions.' The partie! recognize and acknowledge that the foregc,jng liquidated damases ar: IeaSOnable and ~o not constitute a penalt)' and are being imposed due to the difficu1ty of calculating the aGtual damîgesthat would rem1t fi:om a violation of the Restrictions. In the event of aüy litigation IellUÍl18 l.ui !.he wfozçement of !he provisions c(oJA~imQ in this Section, the prevailing pany shall be entiJIed. to recover all costS and expenses, iDcluding reasona,,!c attorney's tees. The provisions contamðd in tbis Section 9.3 &ball SUlViv& the Cl.)$jng and shall be inçludcd in the Special Wammty Deed. 9.3 AþprOval of Plans. Pureb8$$f $hall submit·to SeUer for St,ller's review and approve!. which shall not be unreasonably withheld or <:relayed. the site pll!I1.. lr..hitecturaJ and landscape plans for the proposed development of the Propert'¡ tel insure that tJw development of the Propectÿ is compat~ble with Sc1Icr's a4jacent property; provided, hüV.'I¡vet, SeI1i:t's objecûons shall be deeJned uprea.sonable ift:hey effectively prohibit the Property &on being used for Pwcbasc:r's intended purPose, subject to the mstrictions set forth herein, or DUIi:e the cost of such use uneconoDllcaJ. .If Seller does not give written notice to Purchaser of Seller's objections to such plans witbiu five (S) business days after presented by Purchaser, such plans shall be deemed approved. This provision shall be included in the Special Wmanty Deed. 9.4 Proh1bltcd. Uses. .Purchaser hereby covenants anci a~ thlt 50 long ~ the Seller's adjoiGent property is used for retail banking pw:poses, as defined above, no portion of th~ Property shall be u.scd:as iL cinoma Qr theater. sbtiDg rink, bowJìng alley, discotheq\1C, da110ehA II , nightclub. amusement gallery, pool room, health spa, gymnasium, massage parlor, adult book store. adult .usc, þinball or electronic pIIles room. a so-called "bead sl1op", funeral parlor. flea madœt, tattoo parlOT. bingo parlor. cafeteria, Of car wash (other than tbcÞC8 incidental to the operation of a gasoline service station). This provision shall be included i:1 the Special Wamlnty Deed. 9.5 Platti~ Purchaser. at it3 sole cost and expense, shall obunn any platting or govemll1ental approvals fil;quired to iep3(ate tb.e Property fi-om Seller's adja.cent property and sell the Property to PurchaSer; provided, however, if during the J.mpeçtion Pemd, Purchaser deems the costs OT nquitem.e.nts to do so uneconomical for .Purcha~er's intended lUe, Purchaser may tenninate this Agfeemept prior to the termination of the Inspection Period, in which event /,&)I'OUXJC;2} 091603 (80.\*527501] 10 .-- ----_._- . . . __ _. . w _._ _ _ _ .,..,._ _....""..........& w..., .u.A& &..11.&. 11&1 U,L.J: Agenda Item No. 88 January 25, 2005 Page 59 of 86 the ëamest Money &ball be rehmded to Purchaser and the parties shall be releued. from all tùrther obbga1Ïons hereunder. 9.6 Easements. The parties agree to gna.nt ~l,lÇh ~lIDt!J as may be rC8S(Inably requiTed to provide ingress and egress !rom the Prc-peny 2!'..d Sell:r'! adjacent propen-j to Golden Gate P~ay :md. S2nð Terrace S.W. and WiI~ and sewer~, if required.. Witho¡¡t limitwg the generality üf any other proviiÌùIiS of th1$ A~reðmen~ thò provisiom of this Section 9.6 shall survive Closing. 10. MISCELLANEOUS 10.1 Notices. All notices, ÑlmAMC and Rquosts which may be giYCll or which . are required tQ b~ given by ~ther pmy to the other under this Agreement, and any exercise of a right of tenninarlon provided by !his Agreement, !!WI be in writing à."d shall be de~Ded effecthre when either. (i) per.ona11y~livemi to the intended recipient; (ll) three (3) bUSÍI"...:ss days éù'ter hiving bæü ~t, by cettified or regh."tered mail, Í\~tuul !~ipl [ø.¡ua>~ ~ l\. iJæ inten<kd recipient at the address specÜied below; (ill) delivered in person 10 1he addæss set f;:rth below for the party to whom the notice was given; or (iv) at noon of the business day next tè,llowìng after having been deposited into the custody of a nationally m:ogoizcd OVClnigbt dclive.ry se:rvier: such as Federal Express Corporation, Airbome, or UPS, addressed to such party at the add:ess specified below. For purposes of this Section 10.1 J the addresses of the parli~ fot' all noticl'$ are I'S fo))ows (!!nless tban~ by si.'nilar !)(>ti~ in writing givm by the perticu1er person whose address is to be ,.1.~~a..Æ\· w......~~J. if to Selier; Eank of Amenca, N.A. 400 North Aab.lcy :urive (.FLl-O lo-ug-ol) Tampa. Florida 33602 Attn: Monica L Ammann Ph~ (813)224-5176 Fax: (813) 224-3620 With a copy to: Baù of America, N.A. 400 North A&hley Drive (~1·01o-13-10) Tmtpa, Florida 33602 Attn: C1ærc Batley Carraway, Esquire Ph: (813) 224-5995 Fa.,'!!:: (813) ""4-5075 I (4)1896.00c)) 091603 (BOA .S27~ 11 . . -. .... ..- --... -- ....... -..... v¥r YVV\I U&AI.&I.;t,..&" a.;...., AA~.&.II.I.' ... U.L" Agenda Item No. 88 January 25. 2005 Page 60 of 86 - If to .Purchaser: Baldrid.ge Real Estate, .Inc. 11815 Manchester Road St lou!!!, MiSSQuri 63131 Attn: C. Anee K:mn Ph: (314) 966-2300 Fax: (314) 966-2370 With a copy to: Blumenfeld, Kaplan &. Sandweisa, P.C. 168 North Meramec. 4111 Floor St. Louis, Missouri 63 t OS Attn: Harold A. Tzinberg. Esquire Ph: (314) 863-0800Xl46 Fax; (314)863-9388 If to Escrow Agent: Steams Weaver Miller Weásslel' A1hade:tJ 8t Sitl.e:rson, P.A. 401 .East Jackson Street, SuiIe 2200 Tmnpa, Florida 33602 Attn; SUSItn FlP-ming Bennett, Esquire Ph: (813) 223-4800 Fax: (813) 222-$089 10.2 Real e . Except as $tated in this paI'agltlph, œithc:.r Soller nor Purchaser has comaçœd real estate broIœr. finder, or similar person in conœmon with the transaction <:ontcmplated h by and that neither party is obligated. to pay any brtJkcrage fee or commission in connec.tiot'l th this sale. Seller agrees to pay Trammell Crow Realty Servicesì Inc. (''TCC'' upon the closing f the 1ransac.ti.on contemplated hereby, :md not othr.;'\\'Íse, a em. commission in accordaDu 'th i. separate a¡œement between Seller and TCC. TCe shall not be entitled to any portion oCtile Money in the event the same or :m.y part thereof is forfeited to Seiler. To the actual know c of Seller and of:Plachasc::r. except for the real eslatC broJœr(s) Jisted in this para~h 10.2, if any, no Acquisition Fees (as hereinafter defined) ha\'f: been paid or are dut- and owing to any on or entity by the Seller and the Purohaser. As used herein. "Acquisition Fees" shall me alJ fees paid to any person or entity in connection ·witt. the selection and purchase of the Prop including real estate con1D1issioDS, selection f~ DOl1CecWIÏDg management and startup f~. deve10pmeDi fees or any other fee of similar namn:. Seller and Purchaser. each hereby agr to .indemnitY and hold Iwmlcss the otbel' ti:om and ~:ainst any and aU claims for Acquisition ees or aimil8t charges with tapeCt to this transactic:r.1. arising by. through or under the in . fying party, and each fi1rther agrees to inrlAlnftifY and hold lwmless the other ftom any loss or age resulting from an inac:curacy in the representation~; contained. in this Section 10.2. '!':rjs ind niñc.ation agreement of the parties shall survive the Clc~ing. \ I I !431$Slô.DOC;2} 091600 lBOA;5.27.sú.] 12 . . . ...-. ..... ¡ .. . ..__ ....v........ &a..... ....... .~ ¥vv.., I ! ! AI.......~..&.........., a&,Ø..&.~1II .. ....&.. Agenda Item No. 88 January 25, 2005 Page 61 of 86 ! SCller~' acknowledges that K.ermeth R. Baldrid¡e is a nceostd real estate broker m the State of Mi uri actin¡ bemmder for his own account, but Seller sball not be required to pay any . on or fee to K.enneth lL Baldridge. I I 10.3 This Agreement mnbodies the =tire agr=ncnt between the partiQ relative to the ã eet matte( heleof: and thca:e ale 00 ùl:al or w¡ittcn ~ceuL~ bctw=n the parties, nor any reptesen . ns made by either party relative to the subject matter "lereof, wbich are not expressly set torth h ' 1 I 10.4 ~ This ~em may be amcoded only by a writtm instrument executed by the party or P4es to be bound thereby. I 10.5 ~ The captions and headings used in this Agreement £ for ~.nveüience only and do nü1ln any way limit, amplify. or othc:rwise modify the pro\'isions of this AgRCInent. I I ; 10.6 Ti e final date of any period S\md~y or leea1 hð1ida.y u" event, th~ time of such peri legal holiday: f . Time is of the essence of thi.s Agreement; l'\l)wever. if the is set out in any provision of this Aßrccmcnt falls {) n a Saturday, the II1WR of the UTlited State; or the State of FloridA;. then, ;n ~11ch shal! ~ extended to the next day which is not a Saturd 1)'. Sunday or I 1 ¡ 10.7 ~. This A¡tcemcnt shall be ¡ov=ncd by the la"~"S of the State of Florida and the laws of United States pertaining to ttanSaCtions 111 such Stat!. All of the partjes to this Agteement aYe participated &eely in the negotiation and prepmatiOD hereof; accordingly. this Contract not be more strictly consuucd apinst any one ofthc p;lI'tics bcrcto. 10.8 ucc sors This A.grcc:mcnt shall tind and inure to the benefit of Sener and and their respective heirs, executors. admini~UOrs. penonaJ and legal rcprcsemativcs, s CCCS80IS aDd assigns. PurcluIser shall DOt assign PW'thascr's rights under this A¡rœment wi~ the prior written consent of Seller. Any poteotial ).ssi.goee must _Iy assume aU of 1bep __ md obliplioos of this A¡r=->t n. WlÜiIIg md execute a confidentiality a in foma and substaocc acceptable to Seller. und provided. further, upon such assumpti! Purchaser shan not be released fi:'om the provisions hE:reof. 10.9 InvaUti Provision. If my provision of this ~cnt is hcld tç be illegal, invalid or unenforceable ~ pre6Cl1t or future law6, 6UCh ptOvWOfl shall be fully severable; this Agtcement shall be ~ and. CDiorccd as if such illegal, invalid or \mCÐÎorc:ed)lc provision bad never comprised a part o.t'tbis AgreemeOI. and the reø'lMftingprovisions of this N:reemœt shall remain in full force aDd ~ and shall DOt be affected by sud1 illegal, invalid. or . menfomeab1e provision or by its sevenmce!from dris Agr=ncDl 10.10 Attomevs' Fees. In the event it becomes necessary for cà1ber partybereto to file suit to enforce this AgI¢ment or any provision contained herein, 1he party pr~Nai1ing in such ~.'Ø6.DOC~} 09\Ci03 {B0A.S17~} 13 · ~ 1-. --, ....' -.. tr........ .&V.v.. &AA. <III.&.. "".., ."00 , tcØOl5 Agenda Item No. 88 January 25,2005 Page 62 of 86 ø~uaw'r~LU AA~~ suít sbaI1 be eotitled to recover, in addition to 111 other n:medies or dllm~øes, as pr( vided ba:ein. reasonable attomeys' fees, paralegal fees 8Dd cost incll1Ted in such suit at trial, appellate, blDkruptcv and/or administrative procccðinp. 10.11 Multiple Counteu>~. This Agreement møy be executed in a number of identi(;a1 coun1crpa¡"1s whic.h, takœ. together, &ball constitute collecti"vely O)l(: (I) 1Ø[.;eme.at; but in ma~ proof of this A,greement. it shall DOt be IlCCf"SSIl)' to produce or account for nore man one such counterpart. 10.12 ~~f this ~AI'It. This Agreement sbaU be nu11 arlCl void unless executed by all parties by Scptcmbcrr 30, 2003. As used in drls Agreement, the tern/!: ..date of this .Agrem1e.m" or "date hereof' shall mean and refer to the date of execution of t1ùs Agreement by Seller. 10.13 E$Wti. The iollowiDg codùbi1s are attaehe-i to this Agœ::.nent and are incorporated jnto this Agreement and made a part hc:reof: (a) Exhibit A. the Land; (b) F.xlnòit B. the r.JlCTOW Agreement; ant,! (c) ~.hibit C. the Deed. 10.14 Authority. Bach party beret..;, represents and warr-..ws to ibe )ther that the execution of this Agreement and any other doçume,nts ¡equircd ur nocessæy to be exœutcd pursuant to the provisions h~f are valid, binding ob1isanons and are enforceable :1\ aecontance with their teens. 10.15 RccoMatinq. Ncitbcr this Agreement nor any memorandum or other summæy of this Agreement' shall be placed of public record under any circumstano:s except with th~ prior ~'rittcn consent of the Sclk:: and 1bc Purchaser. 10.16 C..nntidHlfÌa1itv, The terms of this .Agrccmcat sbal1 R:ID&in co.afidc.ntia1. From III1d after the date oftbis AgI=ne.nt, except with the prior writt.cm consent of lie other party, neither Purcl1asc:r nor Sellc.r shall prior to Closing D1Ikc or pernút to be mad: any public announcements or press re1eases eonceming this Agreement, the tenn.s of the p1.l"rcbase of the Property or any other infomtation conceming this Agreement or the transaction contemplated h~rcin. After the Closing. the: parties will agree on the information contained in aIrl ¡:tress ~Iease or announcement as to the CLJ~g of the transaction GOZ1tempLu:ed by thi. Agreement. Thi& provi.s.ion shalt $urv1Ve the Closing of this Agrceuµmt 10.17 Purchaser Ac1aJDwled.2erDent Purchaser aclcnow1edges th.u Seller has abandoned a septic tank: on the Property, {43Iô9ó.OOC:2} ÐiI60J (BOA *~17SOIJ 14 . . . .. -. ...... -.. .._ _... __ .._ ..,..... ..,v. ...~V' D,L.Ua¡;,¡.r.c.&.4/ ,D,A.C a....tU' I(l UJ.G Agenda Item No. 88 January 25, 2005 Page 63 of 86 IN WITNESS WHEREOF. the panies ber8to have caused. this Agreement t(1 be acçuted under seal by penoDS duly ~""Acd to bind the pllltics to pc:ñoøn their rcspecti"c obligations hemmder the day and year set forth beside tbeir respecûve signatures. SELLER: BANK OF AMERICA, N.A.. a national banking usoáation By. 1~Y~~ Name: ~ L þ.......1tQ Senior Vice. PresídellI Title: Date: ,,--q / do q! 03 PI JRCH.."'SER~ BALDRlDGE REAL ESTATE,1NC.. a lVfissoürÌ oo¡;puratiUI1 By: A - /r~ Name: C. Alien Kann Title: vice President D~e: September 26, 2003 {431S96.DOC;1} 09\603 [BOA "S27501) 15 · -. -e ___ ..__w ""...."'......... &,....., &-.n.J. I.JL\. ACKNOWLEDGEMENT AND AGREEMENT BY THE AGENT IfI U.lI Agenda Item No. 88 January 25, 2005 Page 64 of 86 The undersigned joins incxecution of thia Agreement for the p1WpOSe of re¡nesenting and watìa¡rting to Purchaser and Sener t.1t!!! t.lte undersigned (i) is a duly licensed rea! estate broker under the real estate 1ic~~sii1g act(s) of the State of Florida and any applicabl¢ rcgr.\Latious, (ii) is duly a.uthorized to earn and teuive ii commiSii.<m in t"OWlection with the tréWjactiOll evidenced by this AøRcment. aod (ill) acknowledges aod agrees to the tams and pravisioDs of Sectioa. 10.2 heceo~ includiDg, without liinìtatíOl1t the CDtitl~t to COIDIDISSÌon only Ecruìng 001:; upon a. final closing of the transaction. 'I1t~ undersigned sba11 indemnity and hold Purchaser and Sc~ller bannle9S wm any loss, liability, ctama!e, cost or expeusc (mcludiDg attorneys' fces) resulting by reason of a breach of the representations md warranties made herein. AGENT: TR.A.MMHU.. CROW REALTY SEll V..C"ES, INC. By: Name: Title; Date: (oó31896.CoOC)} íi9160J {BOA #527508] 16 ~M.r2..i- ,._ Ke-v;ÞJ. µ,. "~MeL- VfU PIlE .il0twr- q /30 lo~ . . . .._... ."'.Y~ ...~ ...,.&.... vv-"'" ...00 DJ..UIU.L"l'r..uI AArLAl"l EXHI8rr A .lAND Lots 1 aDd 2,B1ock 201, C.œden C--ate Unit 6, ac:cordjn.g to the map or plat thereo~ as recorded in Plat Book 5, Pages 124 through 134, of the Public Records of Collier Co\Dlty, Florida. (4)!196.DOC:21 091603 {BOA .srrSI)8 17 IcØ018 Agenda Item No. 8B January 25, 2005 Page 65 of .86 .-..., L{') to oeo 0_ IN 0 Z It'Ì to ENtO () >- () _...01 -COCO CO:::¡a.. -cc cco ()""") 01 « m -I- - m - J: X W !! I 111~wli~ I~~..,~,. i ~ I I U I !. ILlliI~1 I I. Illilíl . !II II III .. , - 1 I ~ .. 01. .. ~.. I II · H !: ì iff 1 ! 'IJli '1" I ! J Ii 11 I .. jl I I I~ m lìl!R~ . I "I m Iii I iHI. " , \ " ~ ~ .. It i tI ~ I ~ ..; I ~ ;:! I~ ¡"i; ~ . ~I! ~2~ I:: =f~ ~~8 ~~~ rQ~~ ~Iã ,... ~!II" ¡.;h ~=¡ ~II ~~ .+. " \ , \ , \ '\ '\ J I _" I I: ~ . . , , \ \ ,~ Ii :<,,\ Ii , II, \ Iii ~/ f l~ I~ . f tf 1111 - ! ·1 ~ II ., I . S t. - ì -----.-.._--"----_.._--- I I . . ~ PRE-APPLICATION MEETING NOTES REWNE - 'STANDARD Date: I \- l - \) ~ Project Name: T· ...... ;::, F· Ime: 11- . ÙÙ \ III" Inn: Äj\-i) ~'"' r R e."'"L,:) 00'\ t Phone: ;l", 1.. J 1 ø 1',1 Applicant Name:\"",,,,", \.l.C...d ð ( \A Owner Name: ~a.......Ùh ÚCOIII'\ I( Owner Address: 'Pù lh "- ~ ð-i t A \fk."l \.\.. (,1 Pbone: Meeting Attendees: Planner: f'J\. "-L ßClC. () .. 00,01, "',;.,. Vr.-\t'-:... ~s. ,vf1Ai.-Lé~ G. k.. \.\t..~~ A 't.o EL \J,c..., ~ L, ....1 '" ~ ,>1 ~ ,\ 'I -- \l.r... A~,v ,..,..·.I.t ~"~'r~' ~Iialtf>.~ January 25,2005 Page 67 of 86 Submittal Requirements (refer to application for additional requirements) 20 Copies of the foUowing: 00 Completed Application (XI Pre-application Meeting Notes ~ Conceptual Site Plan 24X 36" and One 8 Y2 X II" copy o PUD docwnent and Master Plan 2 Copies of the foUowing: ~ ÐI;;etb,,'L...&1b &. 13... .>OJ e;fl o'!;¡da¡:y gf g¡:jsiaal POO ill aJRllft8cd) g¡ List identifying Owner & all parties of corporation IZJ Ownerl Agent Affidavit signed & notarized r2J Completed Addressing Checklist 4 Copies of the following: o r.nVlIullm",d:a1 IUlpiI"l gu4clll~..t eElS} ea::.wMver o Historical Survey or waiver request o Utility Provisions Statement w/skCtches ~ Architectural rendering of proposed structures ~ Survey, signed & sealed ~ o ~ Seven (7) Traffic Impact Statement (TIS) ef ..a:v<>¡ Tr;p Ge...e..rcd-.'o.ht R~f°/"".JL Five (5) copies of Recent Aerial Phòtograph (with habitat areas defined) min scaled I" = 400' One (1) Electronic version ofPUD document in Word format Fees: ~ li:l ~ [53.. o Application Fee: $6,000 + $25 per acre $100.00 Fire Code Review $750.00 Comprehensive Planning Consistency Review ~.OO Pre-application fee (to be credited toward application fee, ifsubmitted within 9 months of pre-application meeting). S 1600.00 Environmental Impact Statement review fee Fee Total $ . '-:t ,~ I I Meeting Notes Agenda Item No. 88 January 25, 2005 Page 68 of 86 . Il CJ:..e.~c; ~07"Y\ r:; 2.. e.,c.Q TI!!!'~C'CLC-~ U?1- ~/. _ N~,~,"\>.., ~...",l 1"... c.", w\,U\",,, 'i ~ ("0-. ~\t.\.. _ i)L -* ~~.4".~~":;:'~'~ 2.Þ.II.TØfF/wJu~~ \Ù R. .....u' , w..J COII\~\-- L·....t' h.\. o¡,. ,J' , ~..J' ....J~ . G:\Current\Pre.App fonns\PUD pre-app.doc Revised October 20, 2003 /1)~(CJ COO CO o~õ z u-i CJ) EN(CJ () >- () _.....01 -CCCC CC:JCl.. 'Oc:: C::CC ()"J 01 « (!) t- - aJ - :I: X W mt"S'6Þ (106) :xv... (106) :'J!U tolSE ~:IØ:HIW)~ 'lfqdUJ::)W IPAS WOld IpIIOS Ell 00\111 iJ.WI ~ _~ ON -S :JO: ~ 'DzOInV .LN3VVdO'3A30 3~O.LS ~"......... . " 9 ~ y Q; t ~ ~ ~ € t 1;' '@ I: ð ! f I " . ~ . . (C t ·1 :. i:! ¡i. å¡.. C3.G\ 97,' ,0, j or- ¡ I II: W > i I w . ~ ! I~"""'i .. . IS !III II !11'CslSj i i II I a it Ii u d~illlii I i I Ii I I ' ¡ I o i i Ie i I ... i i ! ~ID ¡liP I ~.51¡1¡1! -Itj:, S uo..01::...1.1. \ , .' Agenda Item No. 86 January 25, 2005 Page 70 of 86 . EXHIBIT H FLUCCS MaD The Subject Property consists of .83 acres of mowed and developed land. Lot 2 has been partially developed with an access drive and parking while the balance of the property has been cleared and maintained by mowing for more that 20 years. Exhibit E is an aerial map of the Subject Property. Listed Plant and Animal SD8cles No known listed plant or animal species are known to inhabit the subject property. Due to its cleared and maintained nature, no viable habitat exists. ArchaeoloGical Sites No known archaeological sites exist on the property. . -e --.--. -. ".--- __n______ _~._ _.. TA .---- . -- - . .. .-.... . --. MANAGEMENT Agenda Item No. 88 January 25, 2005 Page 71 of 86 EXHIBIT I Mr. Joe Schmitt Development Services Director 2800 North Horseshoe Drive Naples, FL 34104 Subject: Request for waiver of EIS for lots 1 and 2, Block 201, Golden Gate Unit 6. Dear Mr. Schmitt; The aforementioned parcels total less than 10 acres (.83 acres), are located landward of the coastal management boundary and due to past development and continual maintenance, qualify under sections 3.8.9.2.1 and 3.8.9.2.2 of the Collier County LDC to be exempt from the requirements of and EIS. . I therefore request a waiver of the EIS requirement for these parcels. Sincerely, Talon Management, Inc. -]¡ei jk«~~L fI Tim Hancock, AICP President . Phone: 239-262-6197 Fax: 239-262-6198 - Email: TalonManage~~,n~earthlink.net Office Address: 3898 Tamiami Trail North, Suite 202, Naples, Fl 34103- Mailing Address: P.O. Box 9229, Naples, Fl341 01 . EXHIBIT J Agenda Item No. 88 January 25, 2005 Page 72 of 86 ST A TEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST 1. NAME OF APPLICANT: Baldridge Development, c/o Talon Management 3 . ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): N/ A Page #: Property I.D.#: 6. TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM 0 b. CITY UTILITY SYSTEM 0 c. FRANCHISED UTILITY SYSTEM ~ PROVIDE NAME -Florida Governmental Utility Authority d. PRIVATE SYSTEM (WELL) 0 2 . MAILING ADDRESS: 3893 N. Tamiami Trail, Suite 202 . Metes & Bounds Description: See Boundary Survey for Complete Legal Description I I I~. CITY Naples STATE FL ZIP 34103 4. LEGAL DESCRIPTION: Section: _28_ Township: _ 49S Range: _26E Lot: _1,2 Block: _201_ Subdivision: City of Golden Gate Plat Book 5. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM 0 b. CITY UTILITY SYSTEM 0 c. FRANCHISED UTILITY SYSTEM g PROVIDE NAME -Florida Governmental Utility Authority d. PACKAGE TREATMENT PLANT 0 (GPD capacity) e. SEPTIC SYSTEM 0 Application For Public Hearint! For PUD Rezone 8/29/03 · · · Agenda Item No. 8B January 25, 2005 Page 73 of 86 7. TOTAL POPULATION TO BE SERVED: +/- 6,840 SF commercial = +/- 25 persons 8 . PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK 2,000 gpd AVERAGE DAILY 500 gpd B. SEWER-PEAK 2,000 gpd AVERAGE DAILY 500 gpd 9 . IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: _N/A 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 certified by a professional engIneer. 11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. 12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. Utility Provision Statement RJM 10/17/97 ADDlic:.tion For Public: He.rin!!: For pun Rezone 8/29/03 EXHIBIT K Agenda Item No. 88 January 25, 2005 Page 74 of 86 ~ '--' Blair A. Foley, EE. Civil Engineer / Development Consultant Golden Gate Autozone Section 28, Township 49 South, Range 26 East, Collier County, Florida .J../ Trip Generation Report 7 Mav 04 Prepared for: Baldridge Development C/o Talon Management 3893 N. Tamiami Tr. Suite 202 Naples, Florida 34103 ......,/ ,Blair A. Foley, P.E., LLC · 120 Edgemere Way South · Naples, Florida 34105 239.263.1222· Fax 239.263.0472 · Cellular 239.289.4900 · email: folsOOO@aol.com J . Agenaa Item NÖ':-8B ----. January 25, 2005 ;. Page 75 of 86 Collier County Traffic Counts . Numerical Listing for 2002 and 2003 . T Location 2002 ADT 2003 ADT Change 02-03 ", rJ. 501 Q Airport Rd (CR 31) north of Golden Gate Pkwy. (CR 888) 50,748 43,412 -14.46% 502 Q Airport Rd (CR 31) south of Pine Rldoe Rd (CR 896) 49,877 46,331 -7.11% 503 Q Airport Rd (CR 31) north of Pine Ridae Rd (CR 896) 44,288 49,634 12.07% 504 Q Goodlette Rd (CR 851) south of Golden Gate Pkwv (CR 886) 37,364 37,720 0.95% 505 Q Goodlette Rd (CR 851) north of 22nd Ave north 35,368 33,093 -6.43% 506 Q Goodlette Rd (CR 851) south of Pine RldQe Rd (CR 896) 33,746 31,450 -6.80% 507 Q Golden Gate P kWv (CR 886) west of Airport Rd (CR 31) 44,288 44,592 0.69% 508 Q Golden Gate P kwY (CR 886) east of Airport Rd (CR 31) 30,335 28,877 -4.80% 509 Q Golden Gate Pkwv (CR 886) west of Santa Barbara Blvd 31,604 29,194 -7.62% 510 Q Golden Gate Pkwv (CR 886) west of Collier Blvd (CR 951) 18,467 18,640 0.94% 515 Q Pine Ridae Rd (CR 896) west of Airport Rd (CR 31) 44,655 45,664 2.26% 516 Q Rattlesnake Ham Rd (CR 864) east of US 41 (SR 90fTamiaml Tr) 15,682 16,703 6.51% \ 517 Q Rattlesnake Ham Rd (CR 864) west of County Barn Rd 14,078 14,852 5.50% 518 Q Rattlesnake Ham Rd (CR 864) west of Collier Blvd (CR 951) 9,087 10,051 10.61% 519 Q County Barn Rd south of Davis Blvd (SR 84) 13,863 14,124 1.88% 520 Q County Bam Rd north of Rattlesnake Ham Rd (CR 864 ) 11 ,266 11 ,354 0.78% 521 Q Bavshore Dr north of Week Ave 16,352 15,377 -5.96% 523 Q Shadowlawn Dr south of Davis Blvd (SR 84) 7,676 6,868 -10.55% 524 Q Vanderbilt Beach Rd (CR 862) west of US 41 (SR 45fTamlami Tr) 19,171 20,036 4.51% 525 Q Collier Blvd (CR 951) north of Golden Gate PkwY (CR 886) 26,518 27,409 3.36% . Q Pine Ridge Rd (CR 896) east of Airport Rd (CR 31) 51,966 51,986 0.04% Q Radio Rd (CR 856) west of Santa Barbara Blvd 24,261 23,858 -1.66% Q Santa Barbara Blvd south of Golden Gate Pkwv (CR 886) 30,260 28,914 -4A5% 529 Q Santa Barbara Blvd north of Golden Gate Pkwv (CR 886) 28,692 25,749 -10.26% 530 Q Golden Gate Pkwv (CR 886) west of Goodlette Rd (CR 851) 22,112 23,119 4.55% 531 Q Golden Gate Blvd (CR 876) east of Collier Blvd (CR 951) 20,307 25,368 24.92% 532 Q Collier Blvd (CR 951) north of US 41 (SR 90) (Tamiaml Trail) 22,828 23,920 4.78% 533 Q Airport Rd (CR 31) south of Golden Gate Pkwy (CR 886) 55,412 50,809 -8.31% 534 Q Rattlesnake Ham Rd (CR 864) east of County Barn Rd 15,717 14,537 -7.51% 535 Q Pine Ridge Rd (CR 896) east of Logan Blvd (Santa Barbara) 19,517 21,625 10.80"10 536 Q Collier Blvd (CR 951) north of Pine Ridge Rd (CR 896) 31,031 33,549 8.12% 537 Q Santa Barbara Blvd north of Davis Blvd (CR 84) 20,531 20,111 -2.05% 538 Q Davis Blvd (SR 84) west of Santa Barbara Blvd 31,000 30,789 -0.68% 539 Q Bald Eagle Dr (CR 953) north of Collier Blvd (SR 951) 11,173 11,388 1.92% 540 Q Bald Eagle Dr (CR 953) south of Collier Blvd (SR 951) 11,314 10,978 -2.97% 541 Q San Marco Rd (CR 92) east of Collier Blvd (SR 951) 6.234 7,537 20.91% 542 Q San Marco Rd (CR 92) west of Barfield Dr 10,167 9,752 -4.08% 543 Q Airport Rd (CR 31) north of US 41 (SR 45) (Tamiaml TraU) 27,572 27,919 1.26% 544 Q Radio Rd (CR 856) east of Airport Rd (CR 31) 22,527 23,677 5.10% 545 Q US 41 (SR 90) east of Davis Blvd (SR 84) 33,089 33,594 1.53% 546 Q US 41 (SR 45) at Lee County Line 37,790 38,280 1.30% 547 Q Old US 41 (CR 887) at Lee County Line 14,750 14,933 1.25% 548 Q Vanderbilt Dr (CR 901) north of WiQQins Pass Rd (CR 888) 11,547 9,591 -16.94% 549 Q First St south (CR 846) south of Main St (SR 29) 12,855 12,945 0.70% .50 Q New Market Rd (SR 29A) south of Broward St 7,968 7,576 -4.92% 51 Q Lake Trafford Rd (CR 890) west of North 15th St (SR 29) 12,004 12,280 2.30% 52 Q Airport Rd (CR 31) south of Davis Blvd (SR 84) 36,031 37,000 2.69% 553 Q Airport Rd (CR 31) north of Davis Blvd (SR 84) 45,883 47,870 4.33% 554 Q Airport Rd (CR 31) south of Immokalee Rd (CR 846) 31,899 32,518 1.94% Page 25 - 29 of 29 4/912004 l TA - --- . -- - . . ... ........ .. ] --. MANAGEMENT Agenda Item No. 88 January 25, 2005 Page 76 of 86 EXHIBIT L May 18, 2004 Mr. Ray Bellows Chief Planner 2800 North Horseshoe Drive Naples, FL 34104 Subject: Request for waiver of Historical and Archeological Survey for lots 1 & 2, Block 201, Golden Gate Unit 6. Dear Mr. Bellows; The aforementioned site does not lie within an area of archeological probability according the county records and has been partially improved. The site is also regularly mowed and maintained. . Therefore, we request a waiver of the requirement for a Historical and Archeological Survey in association with this application for rezone. Sincerely, Talon Management, Inc. -h mi~øL-- Tim Hancock, AICP President -. Phone: 239-262-6197 Fox: 239-262-6198 · Emoil: TolonMonogem~2~~,Clrthlink.net Office Address: 3898 Tomiomi Troil North, Suite 202, Naples, Fl 34103- Address: P.O. Box 9229, Naples, FL 34101 TAi --- . . =¡¡¡:-.~ . MANAGEMENT Agenda Item No. 88 January 25, 2005 Page 77 of 86 May 18, 2004 Mr. Robert Skebe U.S. Postal Service 1200 Goodlette Road Naples, FL 34102-9998 Via facsimile: 435-2160 Subject: Request for letter of no objection for property located at the NE corner of Golden Gate Parkway and 5200 Terrace SW. Dear Bob; . I represent the applicant for a rezone to Planned Unit Development for two parcels as identified on the attached location map. The applicant wishes to construct a single building for retail use on the two parcels, facing Golden Gate Parkway. The two parcels are defined as: Lots 1 & 2, Block 201, Golden Gate Estates Unit 6. No structures exist on the property today. Please issue a letter of no objection at your earliest convenience. If you have any questions, please contact my office at 262-6197. As always, thank you for your prompt attention. Sincerely, Talon Management, Inc. .~ øeø/ Tim Hancock, AICP President Cc: Michael Bosi, Collier County Development Services . Phone: 239-262-6197 Fax: 239-262-6198 - Email: TalonManagement@earthlink.net Office Address: 3898 Tamiami Trail North, Suite 202, Naples, FL 34103- Mailing Address: P.O. Box 9229, Naples, FL 34101 l EXHIBIT K Agenda Item No. 8S January 25, 2005 Page 78 of 86 ~ Blair A.Foley, J?E. Civil Engineer / Development Consultant Golden Gate Autozone Section 28, Township 49 South, Range 26 East, Collier County, Florida TriD Generation ReDort 7 Mav 04 . Prepared for: Baldridge Development C/o Talon Management 3893 N. Tamiami Tr. Suite 202 Naples, Florida 34103 ~ '1- ¡VVr1 Blair A. Foley, P.E., LLC· 120 Edgemere Way South· Naples, Florida 34105 239.263.1222 · Fax 239.263.0472 · Cellular 239.289.4900 · email: folsOOO@aol.com ---~-~ Agenda Item No. 8B January 25, 2005 Page 79 of 86 Executive Summary The proposed Autozone site is located on the northwest comer of Golden Gate Pkwy. 52nd Terrace SW. The proposed project is to be re-zoned PUD. The proposed project will consist of one building with approximately 6,840 SF of commercial use. The estimated completion of the site and building is in 2005. This report will utilize the Trip Generation Manual (Sixth Edition), as provided by the Institute of Transportation Engineers. The Average Daily Traffic (ADT) as computed, will not significantly deteriorate the Level of Service (LOS) ofthe adjacent transportation network. l . --------_.~-- Agenda Item No. 88 January 25, 2005 Page 80 of 86 ) Existine: Conditions Potable water and sanitary sewer service are available to service this parcel. For purposes of this report, the roadway system is of critical importance. Golden Gate Parkway is an existing 4 lane divided highway under County jurisdiction and its ROW fronts the project. 52nd Terrace SW is a 2 lane local street adjacent to the project and will be the access point. Traffic Generation The project's traffic generation was determined using the rates from the Trip Generation Manual (Sixth Edition). copy attached. The method of calculation trip generation can be accomplished through the use of a regression equation or the weighted average trip generation rate. The proposed project has an approximate floor area of 6,840 SF. We utilized the weighted average computation as shown below: TRIP GENERATION Shopping Center (LU 848) Average Daily Traffic (ADT): 6,840 SF /1,000 SF x 24.87 = 170.11 say 171 Trips ---_..-- Agenda Item No. 8B January 25, 2005 Page 81 of 86 Triu Distribution and Assie:nment The pattern of trip distribution is based upon locations ofattractors in the area of the project. The entrance to the property will be off 52nd Terrace SW with approximately 20% of project traffic to continue north into the residential portion of Golden Gate City and the additiona180% to exit and travel on Golden Gate Parkway. Conclusions\Recommendations The LOS on Golden Gate Parkway will not be reduced due to this project. No turn lanes are proposed on 52nd Terrace SW. No offsite improvements of any kind are recommended. See attached Collier County traffic counts and segment map. , Agenda Item No. 88 January 25, 2005 Page 82 of 86 ) Land Use: 848 Tire Store Description A tire store's primary business is the sales and marketing of tires for automotive vehicles. Services offered by these stores usually include tire installation and repair, as well as other automotive maintenance or repair services and customer assistance. These stores generally do not contain large storage or warehouse areas. Wholesale tire store (land use 849) is a related use. Additional Data. The sites were surveyed in the 1990s in Florida and South Dakota. Source Numbers 328,359,438 ) Trip Generafion, 6th Edition 1487 Institute of Transportation Engineers· -.--------.---.---..- /-~') Agenda Item No. 88 January 25, 2005 Page 83 of 86 Tire Store ( 848) Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Weekday Number of Studies: 5 Average 1000 Sq. Feet GFA: 5 Directional Distribution: 50% entering, 50% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates 24.87 19.40 - 36.02 Standard DevIation 7.41 Data Plot and Equation Caution - US" Cllrelully . Smlll/ SlImp/" Size 180 170 160 150 ~ 140 W Q. 130 'C I- 11) Õ 120 :E 11) > CD 110 CI m 100 > .q: II I- 90 80 70 60 50 2 x: · I . . · . . . . . . . . . . . . . ',' . . . . . . . . . . . . . . '.' . . . . . . . . . . . . . ~ ',' . . . . . . . . . . . . . . " . . . . . . . . . . . . . . . · . . . ......................................................................... ........ · . . . , , · . . . , · . . . . . . . . . . . . . .:. . . . . . . . . . . . . . . .:. . . . . . . . . . . . . . . .:. . . . . . . . . . . _',~>:~f.. . . . . . . . . . . . . . · : : " X · . . . . . . . . . . .. . . .:' . . . . . . . . . . . . . . ":' . . . .. . . . . . . . . . . ':. . . . . . . 'I~" .,. ~ . . . . . . . . . . . . . . . .............. .~............... .:............... .¡. ~/<'.........~..............,' .' · . . . . . . . . . . . . . .;_ . . . . . . . . .. . . . . . .:" . . . . . . . .. . . ',;<f'.':. . . . . .. . . .. . . . . . . ~.. . x· , .. . . . .. , . . . . · . //'. . . · . . . . . . . . . . 0 . . 0,. . . . . . . . . , . . .. . 0 '0' . . . '" . ,"" .........,............. ~ . . . 0 . . . , . . . . . . . · : ,," . ./ · . , . ' · . . " . . . . .. , .. . . . . ," .. . . . . . . . . . . . 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N - ~ co E m :J: Q) ..\0:: CU C II) Q) E CU Q:: I /~, , Agenda Item No. 8B __'_h . .. t' January 25, 2005 ",', .' Page 86 of 86 I~\ _.,'" , " ,; "j~, "'. Collier County Traffic Counts --'\ Numerical Listing for 2002 and 2003 T Location 2002 ADT 2003 ADT Change 02-03 501 Q Airport Rd (CR 31) north of Golden Gate Pkwy. (OR 886) 50,748 43,412 -14.46% 502 Q Airport Rd (OR 31) south of Pine Ridae Rd (OR 898) 49,877 46,331 -7.11'10 503 Q Airport Rd (OR 31) north of Pine Ridae Rd (OR 898) 44,288 49,634 12.07% 504 Q Goodlette Rd (OR 851) south of Golden Gate Pkwv (OR 886) 37,364 37,720 0.95% 505 Q Goodlette Rd (OR 851) north of 22nd Ave north 35,368 33,093 -6.43% 506 Q Goodlette Rd (OR 851) south of Pine Ridee Rd (CR 898)' 33,746 31,450 -6.80% 507 Q Golden Gate Pkwy (OR 886) west of Airport Rd (OR 31) 44,288 44,592 0.69% 508 a Golden Gate PkwY (OR 886) east of Airport Rd (OR 31) 30,335 28,877 -4.80% 509 a Golden Gate Pkwy (OR 886) west of Santa Barbara Blvd 31,604 29,194 -7.62% 510 a Golden Gate Pkwv (OR 886) west of Collier Blvd (OR 951) 18,467 18,640 0.94% 515 Q Pine Ridge Rd (OR 896) west of Airport Rd (OR 31) 44,655 45,664 2.26% 516 Q Rattlesnake Ham Rd (OR 864) ealt of US 41 (SR 90rramlaml Tr) 15,682 16,703 6.51% 517 Q Rattlesnake Ham Rd (OR 864) west of CountY Bam Rd 14.078 14,852 5.50% 518 Q Rattlesnake Ham Rd (OR 864) west of Collier Blvd (OR 951) 9,087 10,051 10.61% 519 a County Barn Rd south of Davis Blvd (SR 84) 13,863 14,124 1.880/, 520 Q County Barn Rd north of Rattlesnake Ham Rd (CR 864 ) 11,266 11,354 0.78% 521 Q Bayshore Dr north of Week Ave 16,352 15,377 -5.96% 523 Q Shadowlawn Dr south of Davis Blvd (SR 84) 7,676 6,866 -10.55% 524 Q Vanderbilt Beach ReI (OR 862) west of US 41 (SR 45JTlmlaml Tr) 19,171 20,036 4.51% 525 Q Collier Blvd (OR 951) north of Golden Gate PkWY (OR 886) 26,518 27,409 3.36% 526 Q Pine Ridge Rd (OR 896) east of Airport Rd (CR 31) 51,966 51,988 0.04% "'1,7 Q Radio Rd (OR 856) west of Santa Barbara Blvd 24,261 23,858 -1.66% ...28 Q Santa Barbara Blvd south of Golden Gate Pkwv (OR 886) 30,260 28,914 -4.45% 529 Q Santa Barbara Blvd north of Golden Gate PkWV (OR 886) 28,692 25,749 -10.26% 530 Q Golden Gate Pkwy (CR 886) west of Goodlette Rd (OR 851) 22,112 23,119 4.55% 531 Q Golden Gate Blvd (CR 878) east of Collier Blvd (OR 951) 20,307 25,368 24.92% 532 Q Callier Blvd (OR 951) north of US 41 (SR 90) lTamiaml Trail) 22,828 23,920 4.78% 533 a Airport Rd (OR 31) south of Golden Gate Pkwv (OR 886) 55,412 50,809 -8.31% 534 Q Rattlesnake Ham Rd (OR 884) east of CountYBam Rd 15,717 14,537 -7.51% 535 Q Pine Ridee Rd (CR 898) east of Logan Blvd (Santa Barbara) 19,517 21,625 10.80% 536 Q Collier Blvd (CR 951) north of Pine Ridee Rd (OR 896) 31,031 33,549 8.12% 537 Q Santa Barbara Blvd north of Davis Blvd (OR 84) 20,531 20,111 -2.05% 538 Q Davis Blvd (SR 84) west of Santa Barbara Blvd 31,000 30,789 -0.68% 539 Q Bald Eaele Dr (OR 953) north of Collier Blvd (SR 951) 11,173 11 ,388 1.92% 540 Q Bald Eagle Dr (OR 953) south of Collier Blvd (SR 951) 11,314 10,978 -2.97% 541 Q San Marco Rd (CR 92) east of Collier Blvd (SR 951) 6,234 7,537 20.91 % 542 Q San Marco Rd (OR 92) west of Barfield Dr 10,167 9,752 -4.08% 543 Q Airport Rd (OR 31) north of US 41 (SR 45) (Tamlaml Trail) 27,572 27,919 1.26% 544 Q Radio Rd (CR 856) east of Airport Rd (OR 31) 22.527 23,677 5.10% 545 Q US 41 (SR 90) east of Davis Blvd (SR 84) 33,089 33,594 1.53% 546 Q US 41 (SR 45) at Lee County Line 37,790 38,280 1.30% 547 a Old US 41 (OR 887) at Lee County Line 14,750 14,933 1.25% 548 Q Vanderbilt Dr (OR 901) north of Wiggins Pass Rd (OR 888) 11,547 9,591 -16.94% 549 Q First St south (OR 846) south of Main St (SR 29) 12,855 12,945 0.70% 550 Q New Market Rd (SR 29A) south of Broward St 7,968 7,576 -4.92% ,51 Q Lake Trafford Rd (OR 890) west of North 15th St (SR 29) 12,004 12,280 2.30% I 552 Q Airport Rd (OR 31) south of Davis Blvd (SR 84) 36,031 37,000 2.69% 553 Q Airport Rd (OR 31) north of Davis Blvd (SR 84) 45,883 47,870 4.33% 554 Q Airport Rd (OR 31) south of Immokalee Rd (OR 848) 31,899 32,518 1.94% Page 25 - 29 of 29 4/9/2004 ".-...... -:.. Agenda Item No. BC January 25, 2005 Page 1 of 111 SUPPLEMENTAL EXECUTIVE SUMMARY Petition: PUDZ-2004-AR-5220: Land Development Group, LLC, represented by Ronald Nino, AICP, of Vanasse Daylor, LLP, requesting a rezone from Rural Agricultural (A) zoning to Mixed Use Planned Unit Development (MUPUD) for a project to be known as the Buckley Mixed Use PUD to allow for mixed-use commercial and residential development. The PUD is proposed for a maximum of 251 residential dwelling units, a maximum of 74,230 square feet of retail commercial, and a maximum of 97,070 square feet of office commercial uses. The property is located at 7501 Airport-Pulling Road, in the northwest quadrant of the intersection of Airport- Pulling Road and Orange Blossom Drive, north of the Collier County Regional Library, in Section 2, Township 49 South, Range 25 East, Collier County, Florida, consisting of 22.84:1: acres. PROJECT STATUS: The Board of County Commissioners originally heard this petition on December 14, 2004. The Executive Summary that was prepared for that hearing has been included in the infonnation provided for this January 25, 2005 hearing. At the December 14, 2004 hearing, several motions were made. A motion was made to approve the rezoning with density and height conditions. That motion resulted in a 3 to 2 affinnative vote with Commissioner Henning and Halas voting in opposition to the request. However, since a super majority vote is required for the petition's approval, that vote resulted in the denial of the rezoning petition. A motion to reconsider was made and approved in a 4 to 1 vote with Commissioner Henning voting in opposition. Another motion was made to continue this petition to January 25, 2005 with direction to staff to provide additional infonnation regarding the Buckley Subdistrict Growth Management Plan (GMP) amendment adopted for this property held on May 14, 2002, and any commitments to provide affordable housing within this project that were adopted as part of that amendment. That motion was approved in a 4 to 1 vote with Commissioner Henning voting in opposition. SUPPLEMENTAL ANALYSIS: Staff has reviewed the minutes of the April 18, 2002 Collier County Planning Commission (CCPC) hearing and the May 14, 2002 Board of County Commissioners hearing. Copies of the relative excerpts of both hearings are included. At the April 18, 2002 CCPC hearing for the Buckley Subdistrict GMP amendment, the agent of record stated that it was the owner's intent to have a mixed use project that included a multi-family rental housing component that would include "an affordable housing element." When pointedly asked, the agent declined the opportunity to stipulate any particular percentage of affordable housing that would be provided, adding that such a commitment could be made "at the zoning." At the May 14, 2002 Board of County Commissioners hearing for the Buckley Subdistrict GMP amendment, the petitiòner's agent stated that, "There will be housing available in this community, even though it's not affordable housing. That [the housing] will be affordable like people who work in the commercial, so it's working-force housing of sorts." (See page 19 of the excerpt from the May 14, 2002 Board of County Commissioners meeting.) Twice during that hearing staff clarified that this petition did not include an affordable housing requirement. David Weeks, Comprehensive Planning Manager, stated, "I just want to make sure it's absolutely clear. There's nothing about this proposal that has any linkage whatsoever to affordable housing." (See page 29 of the excerpt from the May 14, 2002 Board of County Commissioners meeting.) Buckley Mixed Use PUD, PUDZ-2004-AR-5220 Bee January 25, 2005 Pege 1 rA 4 .-..-....--...-.--.- -'~,...,"..~,..,....".,~._.-, Agenda Item No. BC January 25, 2005 Page 2 of 111 COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: This petition was heard by the CCPC on November 18, 2004. Commissioner Strain made a motion to approve this petition with several changes, and Commissioner Adelstein seconded the motion. The motion passed 9 to O. The changes have been incorporated into the PUD document forwarded to the Board of County Commissioners. Those changes are explained below. I. The staff version of the PUD document entitled, "PUD Clean Copy 11-17-04" is the approved PUD document. That PUD document must be revised to include the following stipulations: 2. The first paragraph in Section 4.4 must be removed. 3. Development of this project must be in compliance with the plans submitted at the CCPC hearing, specifically a two sheet set of plans, entitled, "Buckley Parcel -- PUD Master Concept Pl~" sheet I of I, last revised November 17, 2004, and "Buckley Parcel - West Buffer Conceptual Landscape Plan- (Zoning) Phase", dated November IS, 2004 except for that area between Buildings D-6/D-7 and the lake to the north of Buildings F-I/F-2, for which the plan entitled, Buckley Parcel- Master Plan," last revised November 17, 2004 will be the governing site plan. 4. Insubstantial changes to this PUD, as described in LDC Section 1O.02.03.E., and to further include reductions from what is depicted on the Master Plan identified above in perimeter setbacks along Airport-Pulling Road, must be reviewed and approved by the CoJIier County Planning Commission. 5. Balconies on the west façade of buildings A-2, C-I through C-5 and E-l through C-7, and F-2 are prohibited. 6. This project must comply with the architectural requirements of the LDC, and further, actual height, as that term is defined in the LDC, is limited to a maximum of 55 feet. 7. If the Emerald Lakes Homeowner/Property Owners' Association decides a pedestrian interconnection from this project is desired, the developer of Buckley MUPUD must coordinate with that entity to accommodate that pedestrian interconnect. 8. This project is limited to a maximum Floor Area Ratio (FAR) of 0.518. 9. The developer is encouraged to provide a traffic signal at this project's access that aligns with Lakeside of Naples at Citrus Gardens. 10. This project's northernmost access point on Airport-Pulling Road is limited to right in only. LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a detennination by the Board of County Commissioners (BCe) must be based. The legal considerations are reflected in the Collier County Planning Commissions evaluation of the listed criteria in Chapters 10.03.05 and 10.02. I3.B.5 of the LDC. These evaluations are completed as separate documents that have been incorporated into the attached staff report. A summary of the legal considerations and findings are noted below: Buckley Mixed Use PUD, PUDZ-2004-AR-5220 BCC January 25, 2005 Page 2 of 4 Agenda Item No. BC January 25, 2005 Page 3 of 111 · The proposed change has been deemed consistent with the goals, objectives, and policies and Future Land Use Map and the applicable elements of the GMP. · The proposed land uses are compatible with the existing land use pattern. · The proposed change will not 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. This project has also been deemed consistent with Policy 5.1 and 5.2 of the Traffic Element of the GMP. · The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private shall be provided. RECOMMENDATION: That the Board of County Commissioners approve petition PUDZ-2004-AR-5220 with the limitations contained in the PUD document as amended by the CCPC, except as noted below in items 9 and 11. The PUD document has been revised to reflect the changes requested by the CCPC and lists them below with a reference to where the change requests are addressed in the revised PUD document. 1. The staff version of the PUD document entitled, "PUD Clean Copy 11-17-04" is the approved PUD document. THE PETITIONER HAS REVISED THE PUD DOCUMENT TO INCORPORATE THE CHANGES REQUESTED BY STAFF AND THE CCPC. THEREFORE, THERE NO LONGER ARE "STAFF" AND "PETITIONER" PUD DOCUMENTS. THE CORRECT PUD DOCUMENT IS IDENTIFIED BY THE FOOTER NOTATION "PUD DOCUMENT REVISED BY AGENT 1-5-05." "That PUD document must be revised to include the following stipulations: 2. The first paragraph in Section 4.4 must be removed. CHANGE HAS BEEN MADE. 3. Development of this project must be in compliance with the plans submitted at the CCPC hearing, specifically a two sheet set of plans, entitled, "Buckley Parcel -- PUD Master Concept Plan," sheet 1 of 1, last revised November 17, 2004, and "Buckley Parcel - West Buffer Conceptual Landscape Plan- (Zoning) Phase", dated November 15, 2004 except for that area between Buildings D-6/D-7 and the lake to the north of Buildings F-l/F-2, for which the plan entitled, Buckley Parcel- Master Plan," last revised November 17, 2004 will be the governing site plan. CHANGE MADE IN PUD SECTIONS 3.4.F.5 AND 4.3 ·4. Insubstantial changes to this PUD, as described in LDC Section 10.02.03.E., and to further include reductions from what is depicted on the Master Plan identified above in perimeter setbacks along Airport-Pulling Road, must be reviewed and approved by the Collier County Planning Commission. CHANGE MADE IN SECTION 4.3.C. 5. Balconies on the west façade of buildings A-2, C-l through C-5 and E-l through C-7, and F-2 are prohibited. CHANGE MADE IN SECTION 3.4.1.11. 6. This project must comply with the architectural requirements of the LDC, and further, actual height, as that term is defined in the LDC, is limited to a maximum of 55 feet. CHANGE MADE IN "SUMMARY OF SETBACKS TABLE. Buckley Mixed Use PUD, PUDZ-2004-AR-5220 BCC January 25, 2005 Page 3 of 4 Agenda Item No. 8C January 25, 2005 Page 4 of 111 7. If the Emerald Lakes HomeownerlProperty Owners' Association decides a pedestrian interconnection from this project is desired, the developer of Buckley MUPUD must coordinate with that entity to accommodate that pedestrian interconnect. CHANGE MADE IN SECTION 2.4., PARAGRAPH 2. 8. This project is limited to a maximum Floor Area Ratio (FAR) of 0.518. CHANGE MADE IN SECTION 2.4. 9. The developer is encouraged to provide a traffic signal at this project's access that aligns with Lakeside of Naples at Citrus Gardens. CHANGE MADE IN SECTION 4.6.L. Staff, however does not support this stipulation. Additionally, there is no guarantee that Buckley Mixed Use PUD will be granted a full median cut on Airport Pulling Road that could utilize a traffic signal; the decision whether to allow a full median cut will be made by Transportation staff when development approvals are sought and the decision will be based upon regulations in effect at that time. It is noted that a signal would not meet spacing standards. 10. This project's northernmost access point on Airport-Pulling Road is limited to right in only. CHANGE MADE IN SECTION 4.6.M. Transportation staff notes that the other two access points are right-in right-out unless the Transportation Division determines that project and background conditions at the time of actual development allow for expanded movements at the middle access point to Airport Road. ....._,. 11. At the direction of Transportation Planning staff, Zoning Staff has added a stipulation to the PUD Docwnent to encourage the developer to seek an interconnection from this project to Orange Blossom Drive. CHANGE MADE IN SECTION 4.6.N. PREPARED BY: Kay Deselem, AICP, Principal Planner Department of Zoning & Land Development Review --- Buckley Mixed Use PUD, PUDZ-2004-AR-5220 BeC January 25, 2005 Page 4 of 4 Item Number Item Summary Meeting Date Agenda Item ND. 8C January 25. 2005 Page50f111 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 8C This Item was continued from the December 14, 2004 Bee meeting. This ilem requires that all partlcipar'ts be sworn in and ex parte d!sclosure be provided by Commission members. PUDZw2004··AR-522Q Land Development Group. LLC, represented by Ronald Nino, AICP. of Vanasse Daylor, LLP, requeslìn9 a rezone from Rura! Agricultural (A) zoning to MIxed Use Planned Unit Development (MUPUD) for a project to be known as the Buck!ey Mixed Us:e PUD to aHow for mixed-use commercial and resident¡a¡ development. The PUD is propcsed for a maximum af 251 residential dwelling unìts, a maximum of 74,230 square feet of retail commercial, and a maximLlm of 97,070 square feet of office commercial uses. The property is located at 7501 Airport.ÞlJlling Road. In lhe nortllwest quadrant or the intersection of Airport~ PullIng Road and Orange B!ossom Drive. north of lhe Collier County Regional Library, in Section 2. Township 49 South, Range 25 East, CoHier County. Florida, consisting of 22.84± acres 1/25/20059.00:00 AM Prepared By 111nt2004 4:15:« PM tùy Bellows Community Development & Envíronmental Servic.es Date Chief Planner Zoning & La:nd Development Review Approved By Pate Norm E. Feder, AtcP Tral1sportion Services Transportation Division Admlni9trator Transportatíon Services Adn\ìn. 1/1312005 9: 30 AM Date Approved By Const~"ce A. Johnson Community Development & Environmental Services Operations Analyst Community Devetopment & Environmental Services Admin. 1113/20059:49 AM Date Approved By Sandra Lea Communìty Development & Environmental SOn/ìeu Executive Sec.retary Community Development & Environmental Services Admin. 1113/20059:59 AM Date Approved By Ray Bellows Community Development & Ertvíronmental Services Chief Planner Zoning & Land Development Review 11131200511:31 AM Approved By Da.te Sus.an Murny. AICP Community Development & Envíronmen1al Servíces Zoning & Land Development DireC1:or Zontng &. Land Development Review 11131200511:0111 AM Approved By Date Joseph K. Schmitt Communi1y Development & Environmental Services Communìty Development & Envìronmental Services Admìnstrator Community Development & Environmental ServiceG Admin. 1/13120D5 5:35 PM Date Approved By OMS Coordìnator County Manager's Office Adrninistratlvc Assistant Office of Management & Budget 1114/20051:30 PM Michael Smykowukl Management & Budget Director Date Approved By County Manager's Office onïce of Management & Budget 1/14120051:42 PM Approved By James V. Mudd Board of County CommissÎoners County Manager Da.te County Manager's Office 1118120058:33 AM ------ Agenda Item No. BC January 25. 2005 Page 6 of 111 EXECUTIVE SUMMARY Petition: PUDZ-2004-AR-5220: Land Development Group, LLC, represented by Ronald Nino, AlCP, of Vanasse Daylor, LLP, requesting a rezone from Rural Agricultural (A) zoning to Mixed Use Planned Unit Development (MUPUD) for a project to be known as the Buckley Mixed Use PUD to allow for mixed-use commercial and residential development. The PUD is proposed for a maximum of 251 residential dwelling units, a maximum of 74,230 square feet of retail commercial, and a maximum of 97,070 square feet of office commercial uses. The property is located at 7501 Airport-Pulling Road, in the northwest quadrant of the intersection of Airport- Pulling Road and Orange Blossom Drive, north of the Collier County Regional Library, in Section 2, Township 49 South, Range 25 East, Collier County, Florida, consisting of 22.84± acres. OBJECTIVE: That the Board of County Commissioners review the request to rezone the subject site from Rural Agricultural (A) to Mixed Use Planned Unit Development (MUPUD) to allow for the development of a maximum of 251 residential dwelling units, a maximum of 74,230 square feet of retail commercial, and a maximum of 97,070 square feet of office commercial uses, and to detennine whether the requested rezoning for the Buckley Mixed Use 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. CONSIDERATIONS: The petitioner wishes to rezone 22.84± acres of land currently zoned Rural Agricultural (A) to Mixed Use Planned Unit Development (MUPUD) for a project to be known as the Buckley Mixed Use PUD. The PUD document provides for a maximum of 251 dwelling units, 74,230 square feet of retail space and 97,070 square feet of office space. As depicted on the attached Master Plan, letter designations have been added to reflect the uses proposed for the areas of the site. This includes building footprint details for each tract with specific square footage use detail for each structure. Along the north perimeter boundary, the "A" section proposes two, 2-story (over parking) structures that will house 30 residential units. To the south is the "B" section that proposes 76,270 square feet of office space within four 2- or 3-story structures (over parking). West of the "B" section is the "C" section showing five buildings to be developed with a combination of medical office space, a restaurant, and 40 dwelling units. Section "D" is located along the Airport Road frontage, and proposed 34,000 square feet of retail space within six buildings, with 48 dwelling units placed above the retail space. Section "E", located between Section "D" and the western perimeter property boundary proposes seven buildings that are to be developed with 5,000 square feet of restaurant space, 34,000 square feet of retail space and 56 dwelling units. Section "F" consists of two buildings (two stories over parking) that will house 30 dwelling units. Three access points along Airport-Pulling Road are shown to serve this project. The north and south access points are limited to right in/right out only, and the middle access point is shown as a full access point. The developer will be required to provide right turn lanes at the primary access point and at the southerly entrance. Buckley Mixed Use PUD, PUDZ-20Q4-AR-5220 PUDZ-2004-AR-5220.doc Page 1 «5 Agenda Item No. 8C January 25, 2005 Page 7 of 111 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 wiIl result in an impact on Collier County public facilities. The County collects impact fees before the issuance of building pennits 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 are required to be paid simultaneously with the approval of each final local development order. Other fees collected before the issuance of a building pennit include building pennit 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 of the improvements. Please note that impact fees and taxes collected were not included in the criteria used by Staff and the P1anning Commission to analyze this petition. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is located within the Urban Mixed Use District- Buckley Mixed-Use Subdistrict on the Future Land Use Map (PLUM) of the Growth Management Plan (GMP). This Subdistrict promotes smaIl-scale, mixed-use development with pedestrian orientation to serve existing and future residential development and is intended to be an example for future mixed-use nodes while reducing trip lengths for small-scale commercial services. This Subdistrict allows for limited small-scale retail, and office use, and generally allows the uses listed in the C-l, C-2 and C-3 zoning districts, with some exceptions. The Subdistrict has specific criteria to ensure development of a bona fide mixed-use project. Comprehensive Planning staff evaluated the specific mixed-use criteria and provided a detailed synopsis. That evaluation is included in the staff report. Comprehensive Planning staff recommends that this petition be deemed consistent with the FLUM of the GMP. Transportation staff. has detennined that this petition is consistent with the GMP Transportation Element Policies 5.1 and 5.2 because there are no roadways that are projected to operate below the adopted level of service standard with the proposed improvements, therefore the project will not have an adverse impact on any roadway. Zoning staff has evaluated Future Land Use (FLUE) Policy 5.4 that requires new land uses to be compatible with, and complementary to, the surrounding land uses. Zoning staff believes that the PUD document contains appropriate limitations to ensure that this project will be compatible with the existing development in the neighborhood, and therefore recommends that the petition be deemed consistent with that FLUE policy and the overall GMP. ENVIRONMENTAL ISSUES: The Environmental Review staff has reviewed the petition and the PUD docwnent and has addressed Buckley Mixed Use PUD, PUDZ-2004-AR-5220 PUDZ-20Q4-AR-5220.doc Page 2 d5 Agenda Item No. 8C January 25,2005 Page 8 of 111 any concerns within the PUD document and the Master Plan. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: This petition qualified for a waiver from submitting an Environmental Impact Statement (ElS), therefore this petition was not required to be heard by the Environmental Advisory Council. COLLIER COUNTY PLANNING COMMISSION (CCPe) RECOMMENDATION: This petition was heard by the CCPC on November 18, 2004. Commissioner Strain made a motion to approve this petition with several changes, and Commissioner Adelstein seconded the motion. The motion passed 9 to O. The changes have been incOIporated into the PUD document forwarded to the Board of County Commissioners. Those changes are explained below. 1. The staff version of the PUD document entitled, "PUD Clean Copy 11-17-04" is the approved PUD document. That PUD document must be revised to include the following stipulations: 2. The first paragraph in Section 4.4 must be removed. 3. Development of this project must be in compliance with the plans submitted at the CCPC hearing, specifically a two sheet set of plans, entitled, "Buckley Parcel -- PUD Master Concept Plan," sheet 1 of 1, last revised November 17,2004, and "Buckley Parcel- West Buffer Conceptual Landscape Plan- (Zoning) Phase", dated November 15, 2004 except for that area between Buildings D-6/D-7 and the lake to the north of Buildings F-l/F-2, for which the plan entitled, Buckley Parcel- Master Plan," last revised November 17, 2004 will be the governing site plan. 4. Insubstantial changes to this PUD, as described in LDC Section 10.02.03.E., and to further include reductions from what is depicted on the Master Plan identified above in perimeter setbacks along Airport-Pulling Road, must be reviewed and approved by the Collier County Planning Commission. 5. Balconies on the west façade of buildings A-2, C-l through C-5 and E-l through C-7, and F-2 are prohibited. 6. This project must comply with the architectural requirements of the LDC, and further, actual height, as that tenD is defined in the LDC, is limited to a maximum of 55 feet. 7. If the Emerald Lakes Homeowner/Property Owners' Association decides a pedestrian interconnection from this project is desired, the developer of Buckley MUPUD must coordinate with that entity to accommodate that pedestrian interconnect. 8. This project is limited to a maximum Floor Area Ratio (FAR) of 0.518. 9. The developer is encouraged to provide a traffic signal at this projects access that aligns with Lakeside of Naples at Citrus Gardens. 10. This project's northernmost access point on Airport-Pulling Road is limited to right in only. Buckley Mixed Use PUD, PUDZ-2004-AR-5220 PUDZ-2004-AR-5220.doc Page 3 of 5 Agenda Item No. BC January 25, 2005 Page 9 of 111 RECOMMENDATION: That the Board of County Commissioners approve petition PUDZ-2004-AR-5220 with the limitations contained in the PUD document as amended by the CCPC, except as noted below in items 9 and 11. Staff has made the changes requested by the CCPC and lists them below with, except for Items 1 and 2 which are self explanatory, a reference to where the change requests are addressed in the revised PUD document. 1. The staff version of the PUD document entitled, "PUD Clean Copy 11-17-04" is the approved PUD document. That PUD document must be revised to include the following stipulations: 2. The first paragraph in Section 4.4 must be removed. 3. Development of this project must be in compliance with the plans submitted at the CCPC hearing, specifically a two sheet set of plans, entitled, "Buckley Parcel -- PUD Master Concept Plan," sheet 1 of 1, last revised November 17, 2004, and "Buckley Parcel - West Buffer Conceptual Landscape Plan- (Zoning) Phase", dated November 15, 2004 except for that area between Buildings D-6/D-7 and the lake to the north of Buildings F-l/F-2, for which the plan entitled, Buckley Parcel- Master Plan," last revised November 17, 2004 will be the governing site plan. CHANGE MADE IN POO SECTIONS 3.4.F.S AND 4.3 4. Insubstantial changes to this PUD, as descdbed in LDC Section 1O.02.03.E., and to further include reductions from what is depicted on the Master Plan identified above in perimeter setbacks along Airport-Pulling Road, must be reviewed and approved by the Collier County Planning Commission. CHANGE MADE IN SECTION 4.3.C. 5. Balconies on the west façade of buildings A-2, C-l through C-5 and E-l through C-7, and F-2 are prohibited. CHANGE MADE IN SECTION 3.4.1.11. 6. This project must comply with the architectural requirements of the LDC, and further, actual height, as that tenn is defined in the LDC, is limited to a maximum of 55 feet. CHANGE MADE IN "SUMMARY OF SETBACKS TABLE. 7. If the Emerald Lakes HomeownerlProperty Owners' Association decides a pedestrian interconnection rrom this project is desired, the developer of Buckley MUPUD must coordinate with that entity to accommodate that pedestrian interconnect. CHANGE MADE IN SECTION 2.4., PARAGRAPH 2. 8. This project is limited to a maximum Floor Area Ratio (FAR) of 0.518. CHANGE MADE IN SECTION 2.4. 9. The developer is encouraged to provide a traffic signal at this project's access that aligns with Lakeside of Naples at Citrus Gardens. CHANGE MADE IN SECTION 4.6.L. Stafj; however does not support this stipulation. Additionally, there is no guarantee that Buckley Mixed Use PUD will be granted a full median cut on Airport Pulling Road that could utilize a traffic signal; the decision whether to allow a full median cut will be made by Transportation staff when development approvals are sought and the decision will be based upon regulations in effect at that time. It is noted that a signal would not meet spacing standards. 10. This project's northernmost access point on Airport-Pulling Road is limited to right in only. CHANGE MADE IN SECTION 4.6.M. Buckley Mixed Use PUD, PUDZ-2004-AR-5220 PUDZ-2004-AR-5220.doc Page 4 of 5 Agenda Item No. 8C January 25, 2005 Page 10 of 111 11. At the direction of Transportation Planning staff, Zoning Staff has added a stipulation to the PUD Docwnent to encourage the developer to seek an interconnection ftom this project to Orange Blossom Drive. CHANGE MADE IN SECTION 4.6.N. PREPARED BY: Kay Deselem, AICP, Principal Planner Department of Zoning & Land Development Review Buckley Mixed Use PUD, PUDZ-2004-AR-5220 PUDZ-20Q4-AR-5220.doc Page 5 of 5 Agenda Item No. BC January 25, 2005 Page 11 of 111 Co.r County - ~~ - STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DMSION HEARING DATE: NOVEMBER 4,2004 SUBJECT: PETITION PUDZ-2004-AR-5220-BUCKLEY MIXED USE CENTER MUPUD APPLICANT: Land Development Group, LLC 9130 Corsea del Fontana Way Naples, FL 34109 AGENTS: Ron Nino, AICP Vanasse Daylor LLP 12730 New Brittany Boulevard, Suite 600 Fort Myers, FL 33907 Richard D. Y ovanovich Goodlette, Coleman, & Johnson, P.A. 4011 Tamiami Trail North, Suite 300 Naples,FL 34103 REOUESTED ACTION: The petitioner wishes to rezone 22.84± acres of land cUITently zoned Rural Agricultural (A) to Mixed Use Planned Unit Development (MUPUD) for a project to be known as the Buckley Mixed Use PUD. GEOGRAPHIC LOCATION: The subject property is located at 7501 Airport-Pulling Road, in the northwest quadrant of the intersection of Airport-Pulling Road (CR 31) and Orange Blossom Drive, north of the Collier County Regional Library, in Section 2, Township 49 South, Range 25 East, Co11ier County, Florida. (see location map on the following page) PURPOSEIDESCRIPTION OF PROJECT: The subject site is currently being used as a commercial plant nursery, consisting of landscape cloth areas used for container plants, greenhouses and mobile office buildings. The site is devoid of native vegetation, the only vegetation actually planted on site consists of a few shade trees around the modular office buildings. Access is currently gained from one access point on Airport-Pulling Road. G:\Current\Deeelem\PUD RezonesIBuckley Mixed Use PUD, PUDZ-2004-AR-522O\STAFF REPORT 2.doc Page 1 of 12 Agenda Item No. 8C January 25, 2005 Page 12 of 111 The PUD document proposed a maximum of 251 dwelling units, 74,230 square feet of retail space and 97,070 square feet of office space. As depicted on the attached Master Plan, letter designations have been added to reflect the uses proposed for the areas of the site. This includes building footprint details for each tract with specific square footage use detail for each structure. Along the north perimeter boundary, the "A" section proposes two, 2-story (over parking) structures that will house 30 residential units. To the south is the "B" section that proposes 76,270 square feet of office space within four 2- or 3-story structures (over parking). West of the "B" section is the "C" section showing five buildings to be developed with a combination of medical office space, a restaurant, and 40 dwelling units. Section "D" is located along the Airport Road frontage, and proposed 34,000 square feet of retail space within six buildings, with 48 dwelling units placed above the retail space. Section "E", located between Section "D" and the western perimeter property boundary proposes seven buildings that are to be developed with 5,000 square feet of restaurant space, 34,000 square feet of retail space and 56 dwelling units. Section "F" consists of two buildings (two stories over parking) that will house 30 dwel1ìng units. Three access points along Airport-Pulling Road are shown to serve this project. The north and south access points are limited to right in/right out only, and the middle access point is shown as a full access point. The developer will be required to provide right turn lanes at the primary access point and at the southerly entrance. SURROUNDING LAND USE AND ZONING: North: Brighton Gardens PUD, a 5± acre tract approved for a maximum of 117 assisted living units and a 40-bed nursing home, which is developed as Harbor Chase Assisted Living Facility East: Airport Pulling Road, then Lakeside of Naples at Citrus Gardens, zoned PUD as Citrus Gardens, approved for four units per acre, developed with multi-family residential development South: County regìonallibrary, zoned Agricultural with a Conditional Use to allow the library West: Emerald Lakes, a single-fumily home subdivision, zoned PUD, approved for a density of 3.5 units per acre G:\Current\DeseJem\PUD Rezones\Buckley Mixed Use PUD, PUDZ-2004-AR-522O\STAFF REPORT 2.doc Page 2 cl12 T ...... I "';" I - . r ~ !lID"'" -.. ... .. ..... - .' ~ Excerpt trom Zoning Map G:\Current\Deselem\PUD Rezones\Buckley Mixed Use PUD. PUDZ-2004-AR-5220\STAFF REPORT 2.doe Page3of12 Agenda Item No. BC January 25, 2005 Page 13 of 111 Agenda Item No. BC January 25, 2005 Page 14 of 111 by the petitioner is 251 dwelling units or 11 dwelling units per acre per Statement of Compliance #9, and Sections 3.2, 3.4.D and 3.4.1. It is suggested that the minimum number of dwelling units be substantially in excess of the 25 percent required in criterion "j" in the FLUE (#10 below)- perhaps the 204 units depicted on the Master Plan. 6. Maximum lot coverage for buüdings is capped at 35 percent for the total project. Criterion met in Section 3.4.C. 7. No more than 25 percent of the total built square footage will be devoted to single- story buildings. Criterion met in Section 3.4.1 (2). 8. Primary entrances to all retail and commercial uses shall be designed for access from the interior of the site. Buildings fronting on Airport Road wiD provide secondary accesses facing the street. Criterion met in Section 3.4.1 (3). 9. All four sides of each building must be utilized in a common architectural theme. Criterion met in Section 3.4.1 (4). 10. A residential component equal to at least 25 percent of the allowable maximum density must be constructed before completion of an aggregate total of 40,000 square feet of reÚlil or office uses. Criterion met in Section 3.4.1 (5). 11. Residential units may be located throughout the Subdistrict. Section 3.3 lists the permitted uses throughout this PUD including multi-family dwelling units. 12. Integration of residential and office or retøH uses in the same building is encouraged. A minimum of 40 percent of the commercial square footage shall be within mixed-use buildings (residential and commercial). Criterion met in Section 3.2. 13. Pedestrian connections are encouraged to all perimeter properties. Interconnection criterion provided for in Section 2.4. However, it is suggested that this text be moved to, or repeated in, Section 3 or Section 5. 14. No building footprint will exceed 15,000 square feet. Common st/lirs, breezeways, or elevators may join individual buildings. Criterion met in Section 3.4.1 (7). 15. No building shall exceed three stories in height with no allowance for under building parking. The petitioner's PUD document Section 3.4.B and "Summary of Setbacks..." Table on page 18 references "below grade." That reference is vague and does not specify definite heights. That language is not consistent with the GMP Subdistrict. However, the criterion is met in section 3.4.B of the staffs PUD document. 16. Drive-thru establishments wiD be limited to banks with no more than three (3) drive- thru lanes. These drive-thru ÚUles must be architecturally integrated into the main buüding. Criterion met in Section 3.4.1 (8). 17. No gasoline service stations wiD be permitted. Criterion met in Section 3.3.A (2)(b). 18. All buildings wiU be connected with pedestrian features. Criterion met in Sections 3.4.1 (6) and 5.5 (4). 19. A twenty-foot wide landscape Type D buffer shall be required along Airport-PuDing Road. A twenty-foot wide Type C landscape buffer shøll be required along aU other perimeter property lines. Section 3.4.F describes the landscape buffers and compliance with the Airport- Pulling Road Type D buffer. This project must adhere to all development and design standards set forth for the Buckley Mixed-Use Subdistrict and shall be reviewed once an SDP is submitted to the County. The Buckley Mixed-Use Subdistrict specifically requires a twenty-foot wide Type C landscape buffer along all other perimeter property lines. 20. Parking areas must be screened from Airport-PuUing Road and from any properties adjacent to this property. Criterion met in Section 3.4.1 (9). G:\current\DeselemIPUD Rezones\Buckley Mixed Use PUD, PUDZ-2004-AR-5220\STAFF REPORT 2.OOc Page 4 of 12 Agenda Item No. BC January 25, 2005 Page 15 of 111 FLUE Policy 5.4 requires new land uses to be compatible with, and complimentary to, the surrounding land uses. Zoning staff believes that the staff PUD document contains appropriate limitations to ensure that this project will be compatible with the existing development in the neighborhood, and therefore recommends that the petition be deemed consistent with that FLUE policy and the overall GMP. Transportation Element: Transportation Planning staff has reviewed this petition's Traffic Impact Statement (TIS). The TIS indicates that the project's impacts are significant on Orange Blossom Drive west of Airport-Pulling Road westbound, Orange Blossom Drive east of the project, Airport-Pulling Road north of the project and Airport-Pulling Road south of Orange Blossom Drive southbound. (Significance test or significant impact is used as those terms are defined in the GMP.) This project will be required to maintain existing turn lanes (at main entrance) and provide 185-foot long (with a 50 foot taper) southbound right turn lane at the project's north access point. The TIS further proposes a full-movement signalized intersection at the project's main entrance on Airport-Pulling Road; however, Transportation Planning staff will make a decision regarding signalization when development approvals are sought. The TIS concludes that dual left turn lanes are indicated on the eastbound approach on Orange Blossom Drive where it intersects with Airport-Pulling Road The TIS does note, however, that roadway intersection improvements currently undelWay (Airport Road and Vanderbilt Beach Road intersection) may resolve the dual left turn lane issue before the development of this project. The PUD document has been reviewed by Transportation Planning staff and it contains language in Section 5.6 to adequately address this project's transportation impacts, noting that improvements that may be required as part of this project's buildout will be detennined by Transportation staff based upon the relevant data when development approvals are sought. Transportation staff has detennined that this petition is consistent with the GMP Transportation Element Policies 5.1 and 5.2 because there are no roadways that are projected to operate below the adopted level of service standard with the proposed improvements, therefore the project will not have an adverse impact on any roadway. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria upon which a favorable detennination must be based These criteria are specifically 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 support 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 Exln1>it "A" and Exhibit ·'B"). Environmental Analysis: Environmental Services staff has reviewed the petition and the PUD document to address any environmental concerns. This site is devoid of any native vegetation; therefore, there are no indigenous vegetation requirements. G:\Current\Deselem\PUD Rezones\Buckley Mixed Use PUD, PUDZ-2004-AR-5220\ST AFF REPORT 2.OOc Page 5 of 12 Agenda Item No. BC January 25, 2005 Page 16 of 111 Transportation Review: Transportation Department staff has reviewed the petition and the PUD document that accompanies the request. The applicant has incorporated Transportation staffs revisions within the PUD document. Utility Review: The Utilities Department 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 Availability Letter" :ITom the Collier County Utilities Division. The Utilities Department notes that a 16-inch water transmission line and a 20-inch sewer force main exist along Airport- Pulling Road. Zoning Review: Relationship to Existing and Future Land Uses: A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the uses that would be permitted if the proposed zoning action is approved, to the requirement or limitations set forth in the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). The proposed uses, as limited in the staffs PUD document, are consistent with the GMP, as previously noted. The actual uses proposed, as limited in the PUD document, should be compatible with the land uses that have been developed on adjacent tracts. As discerned from the aerial photograph, the surrounding zoning discussion and the Master Plan, the site will be separated :ITom other development by a twenty-foot wide type C buffer to the north and south, a roadway to the east (Airport-Pulling Road), and a twenty-foot wide type C buffer to the west, that is augmented with a combined eight-foot high berm/wall (See Section 3.4.F.2.) Deviation Discussion: The petitioner is seeking one deviation and has included another section in the PUD document entitled "Substitutions," which in essence, are deviations as well. The petitioner has provided justification in support of the deviation in an April 30, 2004, letter to staff. Staffhas analyzed the deviation and the substitutions and provides the analyses and recommendations below. Deviation 1 seeks relief from IDC Section 2.4.7.4 [UDC 4.06] for internal buffers which requires a ten-foot wide type D buffer to be placed adjacent to all internal roadways (driveways), to allow an equivalent amount of landscaped area and planting materials to be massed and provided as open space and green areas throughout the site. The extent of this deviation shall be detennined at the time of SDP application in the manner required by Collier County. (This deviation is listed in the PUD document in Section 3.4.F.4.) The petitioner provided the justification for this deviation in an April 4, 2004, letter to staff stating the following: "The regulations. while appropriate in the conventional sense, do not equally apply when dealing with a mixed-use project with closely integrated use components in a highly urbanized type of setting. The goal of landscaping ought to be one that allows the best support for the overall urban design strategy of which landscaping is only one G:\Current\Deselem\PUD Rezones\Buckley Mixed Use PUD, PUDZ-2004-AR-5220\STAFF REPORT 2.doc Page 6 of 12 Agenda Item No. BC January 25, 2005 Page 17 of 111 component. Landscaping does not necessarily have to be short changed by provision that change the inherent inflexibility of regulations meant for general application. " The deviation is a rather open-ended request to provide some undefined alternative internal landscaping plan. Staff is somewhat hesitant to endorse that concept but recognizes that the GMP has adopted a separate sub-district for the subject tract; therefore, there rœy be some merit to allow some discretion in the landscape design. However, staff wants to ensure that whatever is proposed meets or exceeds the normal standards, thus the following condition has been included to ensure that the minimum standards are met. Approval of this deviation is subject to further review and comment during the development order process (SDP); at which time the developer must provide evidence acceptable to Collier County to show that the alternatives proposed meet or exceed the requirements of the LDC to a degree at least equivalent to the literal application of such regulations (LDC Section 10.02.13.B.5.h.) The PUD document lists the following substitutions (PUD Section 5.5): 1. Subsection 3.2.8.4.16.5 of the LDC, or successor provision, Street Right-of Way Width-- With the exception of a signature entryway with throat distance as required by Collier County, rights-of-way for platted streets may be forty (40) feet in width. 2. Subsection 3.2.8.4.16.8 of the LDC, or successor provision, Intersection Radii--Street intersections shall be provided with a minimum of a twenty (20) foot radius (face of curb) for all project streets and a thirty-five (35) foot radius for intersection at entryway. 3. Subsection 3.2.8.4.16.10 of the LDC, or successor provision, Reverse Curves--Tangents shall not be required between reverse curves on any project street 4. Subsection 3.2.8.3.17 of the LDC, or successor provision, Sidewalks--Sidewalks may vary from the literal application of requirements of this Subsection, recognizing the fact that a 'traditional platted streets system is inconsistent with the integrated and clustered nature of the planned mixed uses. Nevertheless, an land uses will be interconnected with a pedestrian walkway with a width of five feet that may be independent of any street right-of-way. Zoning staff is uncertain as to the applicability of these provisions because the petitioner's agents have indicated that the project is not to be platted. According to the agents, an internal accessways are to function as driveways. Therefore, no platted streets seem to be planned that would require compliance with the street requirements of the LDC. It does not appear that item 2 would be acceptable because the proposed substitutions win not meet fire code. Fire code requires a 25-£oot inside radius and a 49-foot outside radius. Zoning cannot and would not grant any approvals that would lessen the fire code standards. However, zoning staff wants to ensure compliance with at least an equivalent to minimum standards to ensure safety, and is therefore including the condition listed below: As part of SDP approval for any substitution, the developer must submit each request for a substitution in writing to Community Development & Environmental Services, and he G:\CUrrent\DeselemIPUD Rezones\Buckley Mixed Use PUD, PUDZ-2004-AR-5220\STAFF REPORT 2.doc Page 7 r:J 12 Agenda Item No. 8C January 25, 2005 Page 18 of 111 must provide clear and convmcmg documentation and citations to professional engineering studies, reports or other generally accepted professional engineering sources to substantiate the substitutions and he must show that the substitution is based on generally accepted, sound and safe, professional engineering principles and practices. Furthemlore, no reductions from fire code requirements are approved. (Based upon LDC Section 10.02.04.3). DIFFERENCE BETWEEN THE PETITIONER'S PUD DOCUMENT AND THE STAFF PUD DOCUMENT: In some instances, staff and the petitioner are not in agreement. Staff approached the petitioner's agent, but he declined the opportunity to revise his PUD document to incorporate staffs suggestions, stating that he would rather take his PUD document to hearing and argue the validity of it. Therefore, staff has provided the petitioner's PUD document as part of the application package, and created a "Staff PUD document" to reflect the differences. Staff is recommending that the staffs version of the PUD document be adopted. With the exception of the Comprehensive Planning issue regarding height, the differences do not seem monumental and do not affect staffs overall recommendation of approval, however staff believes it is important to clarify any areas that could cause misunderstanding as the project develops. To assist in discerning the differences in the two PUD documents, staff has prepared a strike through and underline version of the PUD document that shows what language to be deleted in strike tBr-oagh and language to be added in double underline modes. With the except of several minor changes that remove extraneous language, add punctuation, or change LDC citations to confonn to the newly-adopted LDC which are readily apparent, staff has summarized the proposed changes below, referencing sections and page numbers in the strike through and underline PUD document, as noted below: 1. Section 4: The major difference in the staffs PUD document is the removal of Section 4, Common Areas and Amenities. Staff has removed this section for several reasons. One, the Master Plan does not show where the uses in this section would be applicable. Two, the property development regulations that are proposed are not detailed enough to satisfactorily address the uses. All uses are listed as principal uses, but no limits for size, scope, height, lot coverage, or parking are included. No buffering standards are provided. The petitioner's PUD document offers only one setback limitation for one use - a 50-foot setback for the west boundary for recreational uses. The petitioner's PUD document lists all uses in this section as principal uses. Therefore, the uses could be open to the public since no limitations are proposed to the contrary. The uses should be limited to use by the project's residents otherwise the project's scope could change. Staff believes that some of the uses would be appropriate if identified as accessory uses within the overall Mixed Use Area in Section 3 of the petitioner's PUD document, where some of those uses are already listed. Therefore, staff has added most of the uses from Common Areas and Amenities as accessory uses. A kiosk, a use listed in Common Areas and Amenities and the Mixed Use Land Use sections, is not a defined use; it is more a building type not a use. No limits are proposed for it as a "use." However, both listings reference retail and service uses that may be conducted within the kiosks G:\Current\Deselem\PUD Rezones\Buckley Mixed Use PUD. PUDZ-2004-AR-5220\STAFF REPORT 2.doc Page 8 of 12 Agenda Item No. BC January 25, 2005 Page,190f111 without a specific limit to the scope of those uses within the kiosks. It is not known whether the kiosks are to be pennanent structures or whether the kiosks are to be temporary facilities, such as hot dog or ice cream vendor carts. Staff therefore does not believe it is appropriate to list Kiosk as a principal use in any section. Staff has however, listed a Kiosk as an allowable accessory use in the Mixed Use area because as an accessory use, a kiosk will be limited by the LDC limitations for and setbacks. The limitations for scope in the LDC for accessory structures are not applicable to a kiosk because the use would be limited to 5 percent of the total lot area. If the project is not subdivided, the entire subject property would count as the lot, so perhaps another measure would be appropriate to limit the kiosk if a permanent structure is planned. Temporary kiosks would most likely be limited by mobility constraints. Additionally, the petitioner proposes to place kiosks within landscape and streetscape areas (Section 3.3.B.4). Staff is concerned about placing any pennanent structure within a landscape area, but would support this placement if the landscape area were increased in size by a proportionate amount. 3. Model Units: The petitioner's PUD document requests model units be allowed to operate at this site for 10 years or until 95 percent of the units are sold. Most PUD zoned projects adhere to the three-year model use allowance of the LDC (Section 5.04.04), recognizing that model homes are to "be of a temporary nature" (Section 5.04.04.A), and should serve only the subject site. It may be reasonable to seek a longer time in a very large project that has a proposed build out date well beyond three years, however this project only encompasses 23 acres. Furthennore, the TIS (page 9) indicates that the project will be built out in 2008. Staff believes three years is an adequate amount of time for the model use within this project, absent a deviation request providing justification to support a longer time. The list of permitted uses would allow a real estate sales office to sell units in other projects, but model units for other projects should be located on those other properties. Staff therefore is limiting the model use to three years, and has limited the model use to the promotion of units within this project only. In addition, model units were not listed as a use, so staff added model units as an accessory use in Section 3.3. 4. Section 2.7: Staff eliminated the last paragraph because the LDC cited in the section provides clear distinctions about what constitutes and amendment, therefore further description is not required. 5. Section 2.9: Staff corrected the section to reflect that the Master Plan does not show any open space areas; the open space size is listed in the table but the areas are not shown. 6. Section 2.12.A: Staff has clarified the scope or intent of some uses to avoid confusion later. It needs to be clear that no matter what the PUD document says, if a deviation was not sought and approved from a specific section of the LDC, then the general requirements of the LDC will be applicable. 7. Section 3.2: The PUD document did not include the limiting language shown on the Master Plan; staff incorporated it into the document. 8. Section 3.3: As noted above, many of the uses that were listed in Section 4, Common Areas and Amenities, would be appropriate if they were relegated to accessory uses within the overall project. Staff therefore has combined similar items, such as the embellishing features proposed- G:\Current\Deeelem\PUD Rezones\Buckley Mixed Use PUD, PUDZ-2004-AR-522O\STAFF REPORT 2.doc Page 9 c:l12 Agenda Item No. BC January 25, 2005 Page 20 of 111 clock tower, water fountains, street sculptures and street ftm1i~into one itern, and residential recreational facilities such as swimming pools and shuffleboard courts-into another item, and limited both types to use by residents and their guests only. Staff also removed references to allow a parking garage because the Master Plan indicates that parking needs can be adequately accommodated on site in the current configuration. 9. Section 3.4: Staff removed the language that would allow increased height for certain parking spaces provided below grade because that proposal is inconsistent with the GMP Buckley Mixed Use Subdistrict requirements as noted in the GMP analysis of this report. In Item I, staff added number 10, which specifies that the accessory structure standards apply if there is no limit within the PUD. 10. An additional sentence was added in Section 2.2.A, to address the newly amended LDC and recently adopted Codes of Laws and Ordinances. The repeated references in the PUD document to a successor document were removed. NEIGHBORHOOD INFORMATION MEETING: Agents for the applicant, Ron Nino, of Vanasse Daylor, LLP and Richard Yovanovich of Goodlette, Coleman and Johnson, P A, representing the Land Development Group held the required Neighborhood Information Meeting on June 29, 2004 at the Italian American Club at 5:30 P.M. Approximately twenty individuals along with the applicant's team and county staff attended. Mr. Y ovanovich presented the proposed conceptual plan to the audience amid several comments and questions. In accordance with a settlement agreement reached between the developer and the Emerald Lakes Homeowners Association last fall, he stated the maximum amount of development units per acre will be eleven. As another element of the agreement, Mr. Y ovanovich also stated that an eight-foot high masonry wall would be constructed on the western boundary of the development Ms. Claire Goff, spokesperson for Emerald Lakes Homeowner's Association said, "The developer will be a good neighbor." The concept of ''Mixed Use Center" was adopted from the Community Character Plan, which the BCC approved in April 2001. This will be the first rezoning project to make use of the mixture of residential and commercial space (office and retail, including restaurant) over parking as a contained, compact, upscale neighborhood design, similar to Bayfront on the Gordon River in the City of Naples. The developer and his team stated the following in response to audience questions/comments: . Height limitation: maximum 3-stories (parking below dwelling space) . This is not an "Affordable Housing" project, "I assure you that as developer of Galleria on Vanderbilt Beach Road, that landscaping will be at least up to code," Mr. Ron Nino stated that "J.E.D. (of SW Florida) goes above and beyond code" (regulations for landscapinglbuffering). G:\CUlT8nt\Deselem\PUD Rezones\Buckley Mixed Use PUD, PUDZ-20Q4-AR-522O\STAFF REPORT 2.doc Page 10 d 12 Agenda Item No. BC January 25. 2005 Page 21 of 111 . Rich Sherwood, property manager for Lakeside Homeowners Association, questioned whether access from Orange Blossom Road might be possible and the response :trom applicant's representatives was that discussions held with the Greek Orthodox Church have concluded that there is no agreement with that idea. . Mr. Reed Jarvi, transportation planner for the applicant, addressed questions regarding the possibility of a traffic signal on Airport (point of ingress/egress), saying he's been in discussion with the county's transportation planners, and "more than likely, there won't be a signal." It was also stated that interconnectivity with the library at Orange Blossom is not an option. Agents for the applicant also provided written copies entitled "Project Summary Description, Buckley Mixed Use Center" for meeting attendees. (Synopsis of the NIM provided by Linda Bedtelyon, Community Planning Coordinator) STAFF RECOMMENDATION: Zoning & Land Development Review staff recommends that the Collier County Planning Commission forward Petition PUDZ-2004-AR-5220 to the Board of County Commissioners with a recommendation that this petition be deemed consistent with the GMP, and further that the rezoning request :trom the Rural Agricultural zoning district to MUPUD be approved, with the limitations contained in the PUD document. PREPARED BY: KAY DESELEM, AICP, PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE REVIEWED BY: RAYMOND V. BELLOWS, MANAGER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE SUSAN MURRAY, AICP, DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE G:\Current\Deselem\PUD Rezones\Buckley Mixed Use PUD, PUDZ-2004-AR-5220\STAFF REPORT 2.doc Page 11 rJ 12 Agenda Item No. BC January 25, 2005 Page 22 of 111 APPROVED BY: JOSEPHK. SCHMITI ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DMSION Tentatively scheduled for the December 14,2004 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN DATE Exhibits: A. B. Rezone Findings PUD Findings G:\Current\Deselem\PUD Rezones\Buckley Mixed Use PUD, PUDZ-2004-AR-5220\STAFF REPORT 2.doc Page 12 d 12 Agenda Item No. BC January 25, 2005 Page 23 of 111 REZONE FINDINGS PETITION PUDZ-2004-AR-S220 Section 2.7.2.5 of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners sha11 show that the Planning Commission has studied and considered the proposed change in relation to the fo11owing, where applicable: 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 the proposed PUD is consistent with a11 applicable elements of the Future Land Use Element (FLUE) of the Growth Management Plan (GMP), including the Buckley Mixed Use Subdistrict, which was adopted specifically for this tract. 2. The existing land use pattern; This project will be consistent with the existing and proposed land use patterns as explained in the staff report. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The subject parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. It is also compatible with expected land uses by virtue of its consistency with the FLUE of the GMP. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The PUD district boundaries are logically dIawn and they are consistent with the FLUE Buckley Mixed-Use Subdistrict designation of the FLUM in the GMP. S. Whether changed or changing conditions make the passage of the proposed amendment necessary. The growth and development trends, changing market conditions, specifica11y the development of the surrounding area, necessitate the proposed rezone. Staff believes this rezone is appropriate, noting that there are no longer agricultural uses remaining in the north half of this Section. The new regional library located immediately south of the subject site further indicates that growth is expected to occur in this area. The site is located within an urban area (per the GMP) thus increased intensity via rezone requests such as this one, can reasonably be expected. The proposed PUD rezoning is appropriate, as limited in the PUD document and the PUD Master Plan based on its compatibility with adjacent land uses. EXHIBIT "A" G:\Current\Deselem\PUD Rezones\Buckley Mixed Use PUD, PUDZ-2004-AR-5220\Findings, Rezone.doc Page 1 of 3 Agenda Item No. BC January 25, 2005 Page 24 of 111 6. Whether the proposed change will adversely influence living conditions in the neighborhood; The development standards and landscaping requirements contained in the PUD document are intended to mitigate any adverse impact to the 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 compatible with the Traffic Circulation Element. Therefore, the proposed PUD will not excessively increase traffic congestion. 8. Whether the proposed change will create a drainage problem; The project will be required to obtain a permit from the South Florida Water Management District. Drainage problems should not be created when construction is done in accordance with the permit. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; All projects in Collier County are subject to the development standards that apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) that were designed to ensure that light penetration and circulation of air do not adversely affect adjacent areas. This project will be subject to those same standards. 10. Whether the proposed change will adversely affect property values in the adjacent area; Property valuation is affected by a host of factors including zoning, however zoning by itself mayor may not affect values, since value detennination by law is driven by market value. The mere fact that a property is given a new zoning designation or amendment 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 development of adjacent properties, in accordance with existing regulations, will not be affected if this rezone is approved. EXHIBIT 'RAW G:\Current\Deselem\PUD Rezones\Buckley Mixed Use PUD, PUDZ-2004-AR-5220\Findings, Rezone.doc Page 2 of 3 Agenda Item No. BC January 25, 2005 Page 25 of 111 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the pubUc welfare; The proposed rezone to PUD complies with the Growth Management Plan, which is a public policy statement supporting zoning actions when they are consistent with said plans. In light of this fact, the proposed PUD does not constitute. a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The property is currently used in compliance with the existing zoning, and that use could remain 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 is designed in a manner that is compatible with surrounding property in size and scale. It is also consistent with the FLUE of the Growth Management Plan, as further limited in the PUD document. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. As noted above, this site is the subject of a specific GMP sub district designation. That Subdistrict was designed to accommodate this specific rezone request, there is no other site in Collier County with that same designation; therefore this is the only site that will accommodate this rezone request. 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. 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 def"med and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. A multi-disciplined team respo.nsible 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 "'AW G:\Current\Deselem\PUD Rezones\Buckley Mixed Use PUD, PUDZ-2004-AR-5220\Findings, Rezone.doc Page 3 of 3 Agenda Item No. 8C January 25, 2005 Page 26 of 111 FINDINGS FOR PUD PUDZ-2004-AR-S220 Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The subject site is developed with an commercial nursery operation which has ahered the natural characteristics of the land. The site is located where it has access to Airport-Pulling Road near its intersection with Orange Blossom Drive. The petitioner has agreed to connect to county 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. 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, as provided for in the Ordinance. 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. S. 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. . EXHIBIT "B.... G:\Current\Deselem\PUD Rezones\Buckley Mixed Use PUD, PUDZ-2004-AR-522O\Findings. PUD.doc Page 1 of 2 Agenda Item No. 8C January 25, 2005 Page 27 of 111 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 infiastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating fiom urban development Infrastructure is or will be in place in the vicinity and its adequacy will be determined at the time of SDP approval. 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 criterion essentially requires an evaluation of the extent to which development standards proposed for this PUD depart fiom development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards. EXHIBIT "B'" G:\Current\Deselem\PUD Rezones\Buckley Mixed Use PUD, PUDZ-2004-AR-5220\Findings, PUD.doc Page 2 of 2 -----_._~._. ü ...... 00 ...- ...- 0 õ z E CO N Æ Q) 0> ro ro " Cl.. 0 c ~ Q) ~ ~ 0') « !!I ~ ~ a.. -, « Ie -.~ ""'. QNmnd-.LIIIOdYIV ~ W ~ i ..... K - a . en ~ ~ ~ i ~ ~ ; ~ ~. ~~ ~" ~ 31'1':)S OJ. iON / ___ - ----. SoL·31.VlSlB1N ~ ~" ~ i>~ ~ ¡ i!i ~ i . , ø ~ ~. i ~~ d o~ s ~ o~ i ~ o N N U) à: < , "'" o o N , N o ::I c.. =It: Z o !:: I- W c.. a.. « ~ z o ..... « ü o ...J -1L.(')~ o~ o~ C"J_ Z. - 0 L.(') EC"J~ .$ ~(!) -roc> ro::Jro -0 eo.. ero ()-, C> « Agenda Item No. BC January 25, 2005 Page 30 of 111 " . *'~ . '\ APPLICATION FOR PUBLIC HEARING FOR: []PUD REZONE (PUDZ) []PUD TO PUD REZONE (PUDZ-A) Date Received: Planner Assigned: PUDZ-2004-AR-5220 - PROJECT #2003090040 Commission District: DATE: 1/23/04 - FRED REISCHL Petition No.: ABOVE TO BE COMPLETED BY STAFF 1 . General Information: Name of Applicant(s) Land Development Group, LLC Applicant's Mailing Address 9130 Corsea del Fontana Way City Naples State Florida Zip 34109_ Applicant's Telephone # 239-596-2733 Fax # 239-596-3686 Applicant's E-Mail Addressrussweyer@jedflorida.com Name of Agent Ronald Nino, AlCP Finn Vanasse Daylor, LLP Agent's Mailing Address 12730 New Brittany Boulevard, Suite 600 City Fort Myers State Florida Zip 33907 Agent's Telephone # 239-437-4601 Fax # 239-437-4636 Agent's E-Mail Address:rnino@vanday.com COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (941) 403-24001FAX (941) 643-6968 ADolication For Public Burin!! For POO Rezone 8/29/03 -----~--._---- Agenda Item No. BC January 25, 2005 Ii ., G 'd If d· I Page 31 of 111 *Be aware that Col er County has lobbYIst regulations. UI e yourse accor mg y and ensure that you are in compliance with these regulations, , , . Complete the following for all Association(s) affiliated with this petition. (provide additional sheets if necessary) Name of Homeowner Association: Mailing Address City State _ Zip Name of Homeowner Association: Mailing Address City State _ Zip Name of Homeowner Association: Mailing Address City State _ Zip Name of Master Association: Mailing Address City State _ Zip Name of Civic Association: Mailing Address City State _ Zip 2 . Disclosure of Interest 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 tþe percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership ADDllcation For Public: Hearlnl! For PUD Rezone 8/19/03 '. Agenda Item No. BC January 25, 2005 Page 32 of 111 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 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 PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership Buckley Enterprise R.M Buckley, ill Ronald & E. Buckley Thomas E. Buckley 100% 1/3 1/3 1/3 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 Land Development Group, LLC 100% Joseph D' Jamoos 100% Date of Contract: 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 Application For Public HeRrin!! For roo Rezone 8/29/03 ----- Agenda Item No. BC January 25, 2005 Page 33 of 111 . - g. Date subject property acquired (X) leased ():_1986 yrs.lmos. Term oflease 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 final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. 3. Detailed leeal description of the J>roJ>ertv 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) 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: 2 Township: 49 South Range: 25 East, Collier County, Florida Subdivision: PropertyI.D.#: DO:;¡:;iš'3t:.~4. b().;8g IdOOðB ®Iolt/o-I Lot: Block: Plat Book_Page #: Metes & Bounds Description: See Attached Exhibit "A" 4. Size of propertY: 199D±ft. X 500±ft. = Total· Sq. Ft. Acres 22.84± 5. Address!!!:enerallocation of subject property: 7501 Airport-Pulling Road, West side lying north of the Collier County Regional Library and Orange Blossom Road. ... 6. PUD District (LDC 2.2.20.4): X MIYED \J.$i::" . @ to\ Cjt \ ()-f xD Residential 0 Community Facilities xD Commercial 0 Industrial 7. Adiacent zonin!!: and land use: Zoning Land use N PUD Brighton Gardens ALF Housing Auulic:atlon For Public Burin!! For pun Rezone 8/29/03 S AG (CU) Collier County Regional Library Agenda Item No. 8C January 25, 2005 Page 34 of 111 ," E PUD & AG Nurseries and Garden supplies W PUD Residential single family Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section: Township: Range: Lot: Block: Subdivision: Plat Book_ Page #: Property I.D.#: Metes & Bounds Description: 8. Rezone Request: This application is requesting a rezone ftom the Agricultural zoning district(s) to the PUD Planned Unit Development zoning district(s). Present Use of the Property: Wholesale Nursery Proposed Use (or range of uses) of the property: Mixed Commercial and Residential Multi- family Original PUD Name: N/A Ordinance No. N/A 9. Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Collier County Land Development Code, staffs analysis and recommendation to the Planning Commissi;n, 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. PUD Rezone Considerations (LDC 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. Application For Public HeariD[ For PUD Rezone 8/29103 ...:- Agenda Item No. BC January 25, 2005 Page 35 of 111 Recently the Buckley Mixed Use Subdistrict was created by an amendment to the Collier County Growth Management Plan (GMP), Future Land Use Element(FLUE). This made it possible for the subject property to receive consideration for rezoning to a mixed use commercial and residential development. Rezoning actions consistent with the Comprehensive Plan are presumed to be compatible with surrounding land uses. Relative to the criteria noted above the physical characteristics of the site by virtue of its frontage on Airport Road, a six lane arterial highway makes the property unsuitable for low density residential uses and snitable for high density and commercial uses as encouraged by the Buckley Mixed Use subdistrict of the GMP. Application of the development criteria contained within the Buckley Mixed Use subdistrict will insure a harmonious intedace with adjacent residential development. Relative to traffic and access relationships the subjects contigµous location on a major county highway certainly makes the· proposed uses the best use of this land. The subject site is served with all essential infrastructure and therefore responds favorably to the requirements for positive drainage, sewer and water utilities and other quasi public 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. To be completed following review of unified control documents. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. A. The subject property is located within the Buckley Mixed-Use Subdistrict. This Subdistrict provides for a specific distribution of land uses and requires a percentage of the allowable residential component to be in place prior to non- residential development reaching a certain threshold. The PUD has been crafted to include these provisions and is therefore in compliance with Objective 1, Policy 5.1 and 5.3 specifically of the FLUE. B. The subject property's location in relation to existing or proposed community facilities and services permits the development's intensity and density as required by Objective 2, and Policy 5.5 of the FLUE. C. The project's mixed-use composition is compatible and complimentary to existing and future surrounding land uses as required by Policy 5.4 of the FLUE. D. Proposed improvements utilizing best land use planning practices are planned to be in compliance with Objective 3 of the FLUE. E. The project will be connected to the County's utility system (i.e., sewer and water) and is therefore consistent with Objective 1.5, Policies 1.5.1 and 1.5.2 of the Sanitary Sewer and Potable Water Sub Elements of the GMP. ADDJicatlon For Public He.rlDI!: For PUD Rezone 8/29/03 ---.-.--.... .--..--- Agenda Item No. 8C January 25, 2005 Page 36 of 111 F. The project development 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. G. At the time of development, the project will be consistent with Policy 1.3 of the transportation element. Airport Road is a six-lane facility and is not expected to function below the Level of Service required to meet concurrency requirements, nevertheless development of the subject land remains subject to concurrency requirements throughout its construction phases. H. In all other aspects, the project development as regulated by provisions of the PUD document shall be in compliance with applicable elements ofthe GMP. I. The projected intensity and density of this required mixed-use project is in compliance with the FLUE based on the following relationships to required criteria: Criteria Max. IntensitvlDensitv Residential 15 d.u's/ac 343 dwelling units Retail 3,250 s.fIac. 74,230 s.f. Office 4,250 s.fIac. 97,070 s.f. Proposed IntensitvlDensitv 251 dwelling units 74,230 s.f. 97,070 s.f. All other required design elements and criteria of the Buckley Mixed-Use Subdistrict have been included in Section 3 of the PUD document or otherwise illustrated on the Master 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. The PUD regulations have bee,:, designed in the manner directed by development criteria contained in the Buckley mixed Use Subdistrict. This criteria was presumably developed to insure that the scale and mass of the proposed development plan is in harmony with the scale and mass of nearby development or as may otherwise be ameliorated by landscape improvements. Development regulations are crafted to insure internal compatibility between uses and massing scale. All of the development criteria contained in the Buckley Mixed Use subdistrict to insure that the project makes the most pleasing visual statement has been built into the PUD regulatory document. These include regulations for architectural unüormity, spatial relationships of buildings to buildings, buffering and screening to insure that adjacent properties aré not adversely affected and to reduce the visual impact of large parking areas. 5, The adequacy of usable open space areas in existence and as proposed to serve the development. As required by provIsions of the Land Development Code 30% of the subject property will be set aside as qualifying open space. ADDlicatlon For Public "urln!! For pun Rezone 8/29103 - Agenda Item No. 8C January 25, 2005 Page 37 of 111 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Adequacy of public facilities are not a critical factors in determining the timing or sequence of development, notwithstanding the fact that development may be affected at any stage in the development process based on concurrency requirements, unless development plans are vested as provided by rule making. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Development of the subject property is presumed to be appropriate and timely relative to accommodating expansion of the county's land use inventory when said rezoning actions are consistent with the GMP and have met all of the criteria that shapes the character and type of development in relationship to surrounding properties. The regulatory document that comprises the PUD and its associated Master Plan has been crafted to make a positive contribution to the area to which it is being introduced. 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 PUD has been crafted to include all of the development emphasis and design Standards contained in the Buckley mixed Use Subdistrict. Having done this is to presume that PUD regulations are justified because when consistent with the GMP they implicitly meet a public purpose to a degree at least equivalent to a literal application of such regulations. 9. Deed Restrictions: The County is . legally precluded fÌ'om 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 oetitions on the subiect orooertv: To your lmowledge, has a pubÌic hearing been held on this property within the last year? If so, what was the nature of that hearing? 11. Additional Submittal requirements: In addition to this completed application, the following shall be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre-application meeting. Aøølicatlon For Public: He.rin[ For pun Rezone 8/29103 -,._...._-----.,~,--- a. A copy of the pre-application meeting notes; Agenda Item No. 8C January 25, 2005 Page 38 of 111 b. If this rezone is being requested for a specific use, provide twenty (20) copies (this includes: HUI if affordable housing, Joyce Emst, if residential and ImmokaleefWater 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, c. An architectural rendering of any proposed structures. d. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC) , or a request for waiver if appropriate. e. Whether or not an BIS 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.). f. Statement of utility provisions (with all required attachments and sketches); Application For Public HeariD!! For PUD Rezone 8129/03 ~- -- _."---- .~ Agenda Item No. BC g. A Traffic hnpact Statement (TIS), wùess waived at the pre-application mee~~~ 3~5~t~~~ 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); 1. AI1y additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. j. An electronic version of the PUD on a disk as part of this submittal package. k. Boundary Survey, no more than six months old - LDC Section 2.7.3.1.2.(8) Please be advised that Section 2.7.2.3.2 (3) of the Land Development Code requires an applicant to remove their public hearing advertising sign (s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign (s) immediately. ADDlh:Btion For Public Hearinl! For PUD Rezone 8/29/03 Agenda Item No. BC PUD REZONE APPLICATION Ja~~~~ lo5~t~~~ SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITIED WITH APPLICATION PACKET! REQUIREMENTS #OF NOT COPIES REQUI:RED REQUIRED 1. Completed Application/PUD documents 24* vi' 2. Copy of Deed(s) and list identifying Owner(s) and all 2* ¡/ Partners if a Corporation 3. Completed Owner/ Agent Affidavit, Notarized 2* V 4. Pre-appliçation notes/minutes 24* v' 5. Conceptual Site Plans 24* .¡. 6. Environmental Impact Statement - (EIS) 4 -,¡ 7. Aerial Photograph - (with habitat areas identified) 5* -;/ 8. Completed Utility Provisions Statement (with required 4 V' attachments and sketches) 9. Traffic Impact Statement - (TIS) 7 V - 10. Historical & Archaeological Surveyor Waiver Application 4 V 11. Copies of State and/or Federal Permits 4 V 12. Architectural Rendering of Proposed Structure(s) 4 V 13. ~Application Fee - "PUD Rezone" = $5000 + $25 per acre ~Data Conversion = $25 DApplication Fee - "PUD to PUD Rezone" = $3000 DData Conversion (pUD to POO) = $15 Fire Code Review = $150 EIS Review = $1600 - W .A..l\)E:. ~ Check shall be made payable to: Collier Countv Board of Commissioners . 14. An electronic version of the PUD on a disk as part of the ~ submittal packet. 15. Affordable Housing Density Bonus Agreement including all 4 ~ Appendices and Exhibits. .. 16. Boundary Survey (no more than 6 months old) 5 V 17. OTHER REQUIREMENTS: /""' · Documents re1%ed f( Long-Range Plamring Review·l additional copy if for affordable housing . As the authorizec gent/¡ þplicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package I understanc that failure to include all necessary submittal information may result in the delay of proc","," am \\Ot _ \) ~ \ \~ j(... 0 ;.. ð~ '\ AgentÏ'Xpphcãì\t Signature Date Application For Public Benin!!: For PUD Rezone 8129/03 -------- - Agenda Item No. BC AFFIDAVIT January 25,2005 Page 41 of 111 We. the Land Development Group. LLC, being first duly sworn, depose and say that we are the contract purchaser of the property described herein and which is the subject 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 a made a part of this application. are honest and true to the best of our knowledge and belief We 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 contract owner, we further authorize Vanasse and Daylor, LLP to act as our representative in any matters regarding this Petition. As contract owner, we further authorize Goodlette, Coleman & Johnson, P.A. to act as our representative in any matters regarding this Petition. /1 / , /'í<-7ý" ,f/j1¿'~" Sig1l;aiufe of Contract Purchaser y / i/ Joseph E. D 'Jamoos. Manaflinfl Member Typed or Printed Name of Contract Purchaser Signature of Contract Purchaser Typed or Printed Name of Contract Purchaser The fqJ:.egoing instrument was acknowledged before me this ;2~ day of ~"-'" , 200"5 , by .J (h ~h D I,)' ~ DJ. who is personal{v known f.t) me or has produced as identificatio,!. J'~y. ~"'to I.OAI D. OOMRAD ... ~ * MY COMMISSION' DD 252321 ...~ EXPIRES: May 1, 2005 -:'EO"cff'~~ Bonded Thru B1IdgeI Nallry Strvìœs State of Florida County of Collier JfQM~ f).~ (Signature of Notary Public - State of Florida) LDíU u. Ch/(d.d Print, Type, or Stamp Commissioned Name of Notary Public) _.--_.~----- ~---~-- - ,--._-- -,_."------- Agenda Item No. BC January 25, 2005 Page 42 of 111 AFFIDA Y1T Well. 'T'HOM"ÄS F.;;- BUCKLEY being first duly sworn. depose and say that we/I am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questUms 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 OUT 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 Well further authorize VII. N:a ~ ~ F. n 11. VT .O'R our/my representative in any matters regarding this Petition. to act as clX~.í' eß(#~ Signature of Property Owner t/ Signature of Property Owner THOMAS E. BUCKLEY Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this 24 day of Oc tobe r . 200 ~ by THOMAS E. BUCKLEY WhoispersonallVknown~o or has produced as identification. - / .' / State of Florida County of Collier (Signature of Notary Public - State of Fl ~ ~ JOYCE A. NOVA .,..-:,.. MY COMMISSION # DD04S092 ~~orf\."~ EXPIRES: AU8..1 20.2005 1-800-3-NOTAAY Fl NcIaIy s.n;.. .. Inc. (Print. Type. or Stamp mmissloned Name of Notary Public) ADDIk:atioa For hblic llearill~ For PUB R_ 1129103 Agenda Item No. 8C January 25, 2005 Page 43 of 111 - 'AFFIDA. VIT Well, _H.M BUCKLEY III being first duly sworn, depose and say that well 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 Well further authorize VANASSE & DAY LOR to act as our/my representative in any matters regarding this Petition. iI:~~~!::J;!:~ Signature of Property Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this /2 ~ day of :r~It~ r ' 200 ~ by 1I.;fI1~ I1N~Kl£l( ~ who is personally known to me or has produced as identification. State of Ji!4b, œi.. %U-:rNlIIS.J County of ö.dJ.:it.,' ,F~~AN' .Q~ (Signatu e of Notary Public - tate of ¡:;.¡.,."mrz) ~'L.z. -D, .J (Print, Type, or Stamp Commissioned Name of Notary Public) OFFICIAL SEAL DOUGLAS B. BUCKLEY NOTARY PUBLIC, STATE OF IWNOIS II'( COMMISSION EXPIRES 8-29-2005 ...............' " C\DOCUIdé-!\DOUG,ß.-foI.OCGL,S' l\r"".plAFFIDAVlf H 1.1 8UCXl fY doc Agenda Item No. BC January 25, 2005 Page 44 of 111 AFFIDA VIT WelL _DONALD E. BUCKLEY being first duly sworn. depose and say that we/I am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application. including the d is closure of interest information. a II 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 We/I further authorize VANASSE & DAYLOR to act as our/my representative in any matters regarding this Petition. Signature of Property Owner Signature of Property Owner DONALD E. BUCKLEY })on~IJ"E- :Blk--,~y Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this /2 t:!t day of ;r~M y . 2005-. by o,~ E. ducKi£Y who is personally known to me or has produced as identification. State of A, ilia .zU:r-'ØJ County of eaHiJ!r. '4~-.p,.,., (Signature óf Notary Public - Stat ~)$~~.s (Print, Type, or Stamp Commissioned Name of Notary Public) ·OFFICIAL SEAL DOUGlAS B. BUCKLEY NOTARY puauo. STATE OF IWNOIS MY COMMISSION I!XPIRES 8·29-2005 CIDOClJlÆ-l'DOUGlA-1IL~S-f\T ..IMFFIDAVJ r DONAlD E BUCJ<Lf?Y.doo ~ Division of Corporations Agenda ~~€Nb.qf~ January 25, 2005 Page 45 of 111 .- Florida Limited Liability LAND DEVELOPMENT GROUP, L.L.C. I...~ ,. PRINCIPAL ADDRESS 9130 CORSEA DEL FONTANA WAY NAPLES FL 34109 Changed 05/05/2003 MAILING ADDRESS 9130CORSEADELFONTANA WAY NAPLES FL 34109 Changed 05/05/2003 Document Number L02000016078 FEI Number 043697548 Date Filed 06/26/2002 State FL Status ACTIVE Effective Date NONE TotaJ Contribution 0.00 L T" R t dA egIs ere .gent I Name & Address I D'JAMOOS. JOSEPH E 9130 CORSEA DEL FONTANA WAY NAPLES FL 34109 I Address Changed: 05105/2003 I ..... .. . .~. -......_._-,~- ManagerIMember Detail II Title I B Name & Address D'JAMOOS. JOSEPH E 9130 CORSEA DEL FONTANA WAY NAPLES FL34109 J,....._. ..' .__._.~._, "..... ._'. .__ . ~"""-'-'"-"-"--- .. - -'-. _. ..~.- ',---""-" .... ,._.-.~ '. . http://www.sunbiz.org/scripts/cordet.exe?al =DETFIL&nl =L02000016078&n2=NAMFW... 6/11/2004 Division of Corporations Agenda 1?~.qf<2 January 25, 2005 Page 46 of 111 Report Year 2003 2004 Annual Reports II II II Filed Date 05/0512003 04/2812004 . pr~viC?lI$ Filing,. .Iß~,tym.;~2~iSt,>j No Events No Name History Information ~e~f'i!¡og:1 Document Images Listed below are the images available for this filing. 04/28/2004 - ANNUAL REPORT 05/05/2003 -- ANN REPIUNIFORM BUS REP 06/26/2002 - Florida Limited Liabilites TillS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT http://www.sunbiz.org/scripts/cordet.exe?al =DETFIL&n 1 =L020000 16078&n2=NAMFW... 6/11/2004 Agenda Klffl'Wo.ol¿ January 25, 2005 Page 47 of 111 Division of Corporations Foreign Profit H. M. BUCKLEY & SONS, INC. PRINCIPAL ADDRESS RR 6 MEADOWBROOK RD POBOX 1237 SPRINGFIELD IL 62705 Changed 03/29/1991 MAILING ADDRESS RR 6 MEADOWBROOK RD POBOX 1237 SPRINGFIELD IL 62705 Changed 03/29/1991 Document Number P10315 FEI Number 370872914 Date Filed 06/03/1986 State IL Status ACTIVE Effective Date NONE Last Event NAME CHANGE AMENDMENT Event Date Filed 05/10/1993 Event Effective Date NONE Re istered A ent Name & Address BUCKLEY THOMAS E 7501 NORTH AIRPORT ROAD NAPLES FL 33942 Name Cbansed: 03/25/1993 Address ChaRsed: 03/25/1993 1,._,.. . ,..,_. ..,...... ---~'-- Officer/Director Detail Name & Address II Title I I~ BUCKLEY, HARRY M., 111 SO S MEADOWBROOK RD http://www.sunbiz.org/scripts/cordet.exe?a1=DETFIL&n1=P 10315&n2=OFFFWD&n3=O... 6/1112004 I SPRINGFŒLD IL 62707 II I BUCKLEY, DONALD E. c:J 1931 CARDINAL DRIVE SPRINGFŒLD IL BUCKLEY, DONALD E. G 1931 CARDINAL DRIVE SPRINGFIELD IL BUCKLEY, THOMAS E. c:J 1900 TILLER TERRACE NAPLESFL BUCKLEY, ILEUS N. D 34 TURNBERRY SPRINGFIELD IL Agenda ~9-~~~¿ January 25, 2005 Page 48 of 111 Division of Corporations ua epo S I Report Year II Filed Date I I 2002 II 05/1712002 I I 2003 II 04/28/2003 I I 2004 II 05/05/2004 I Ann lR rt Previous Filing . Return to List ..' ,- ,;....r ,Nèxt Filing Y~}Y_EY~!1t§ YiewN aIDe History Document Images Listed below are the images available for this filing. 05/05/2004 -- ANNUAL REPORT 04/2812003 -- ANN REP/UNIFORM BUS REP 05/17/2002 - COR - ANN REPfUNIFORM BUS REP 06/08/2001 -- ANN REP/UNIFORM BUS REP 04/20/2000 - ANN REPfIJNIFORM B1T~ RF.P 01/2711999 -- ANNUAL REPORT 02/24/1998 - ANNUAL REPORT 05/0111997 - ANNUAL REPORT 03/20/1996 - 19% ANNUAL REPORT TillS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT ,. . .' '._.~. _.._ ·__~·_~_~~,.A..··"· ""..,. . .". - _.. -.. "-.. http://www.sunbiz.org/scripts/cordet.exe?al=DETFIL&nl =Pl 03 1 5&n2=OFFFWD&n3=O... 611112004 Agenda ft:ffieJo~éa January 25, 2005 Page 49 of 111 Division of Corporations Florida Profit H. M. BUCKLEY & SONS, WHOLESALE FLORISTS, INC. PRINCIPAL ADDRESS 7501 AIRPORT & PULLING RD. NAPLES FL 33940 MAILING ADDRESS 7501 AIRPORT & PULLING RD. NAPLES FL 33940 Document Number 536524 FEI Number 591754001 Date Filed 06/07/1977 State FL Status INACTIVE Effective Date NONE Last Event INVOLUNTARILY DISSOLVED Event Date Filed 12/16/1981 Event Effective Date NONE Registered Agent Name & Address BUCKLEY, TOM 7501 N. AIRPORT RD. NAPLES fL 33942 ~-,-_..-..,.-,....-. I Name & Address II Title I BUCKLEY, HARRY M. II c:J 3000 GULF SHORE BLVD. NAPLESFL BUCKLEY, H. M.1lI D 3000 GULF SHORE BLVD. NAPLES FL I BUCKLEY, TOM 1~ 3000 GULF SHORE BLVD. Officer/Director Detail http://www.sunbiz.org/scripts/cordet.exe ?al =D ETFIL&n 1 =5 36524&n2=OFFFWD&n3=O... 6/11/2004 Division of Corporations Agenda KH~eJo?é2 January 25, 2005 Page 50 of 111 JI NAPLES FL II II ,-. Annual Re orts Report Year II Filed Date 1978 II 06/23/1978 1979 II OS/21/1979 1980 II 02125/1980 PrevióusFiling ., Return taL-is!' I ViewEven~ No Name History Infonnation Next Filing I Document Images Listed below are the images available for this filing. tlNO images are available for this filing. It THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT '.., http://www .sunbiz.orglscripts/cordet.exe?a 1 =D ETFIL&n 1 =536524&n2=OFFFWD&n3=O... 6/11/2004 Details 00238120008 Map Agenda íféU:1t:'Nb.Qfd January 25, 2005 Page 51 of111 Zip 34109·1720 Legal 2 49 25 N 1/2 OF FOLL: COMM NE CNR SEC, S 1589.69FT, W 100 FT TO RIW LI SR 31, POB S ALG RIW 1989.05FT,W 500.33FT "For more than four lines of Legal Descri tlon lease cell the Pro erty Appreiser's Office. BUCKLEY III, HARRY M DONALD E BUCKLEY THOMAS E BUCKLEY 7501 AIRPORT PULLING RD N NAPLES State FL Section Township Acres 02 49 11.42 Sub No. 100 -t Use Code 69 2003 Final Tax Roll Values Latest Sales History Date Amount Land Value $ 913,600.00 (+ Improved Value $ 209,757.00 (= MarketValue $1,123,357.00 H SOH Exempt Value $ 892,701.00 (=) Assessed Value $ 230,656.00 H Homestead and other Exempt Value $ 0.00 (= Taxable Value $ 230,656.00 SOH = ·Save Our Homes· exempt velue due to cap on assessment increases. - The Information is Updated Weekly. Book· Page http://www .collierappraiser .comJRecordDetail.asp?F olioID=OOOOoo0238120008 6/11/2004 Details Folio No. - Current Ownershi Address 7501 AIRPORT RD N Owner Name BUCKLEY, IL.UES M Addresses % TOM BUCKLEY 7501 AIRPORT PUL.UNG RD N City NAPLES State FL. L.egal 249 25 S1/2 OF FOL.l: COMM NE CNR SEC 2,S 2DEG E 1589.69FT, N 89 DEG W 100.08FT POB,S 2DEG E 1989.05FT,S 89DEG W 500.33FT "For more than four lines of L.egal Description please call the Property Appraiser's Office. Section Township Range Acres Map No. 02 49 25 11.42 4A02 100 Millage Area 69 AGRICULTURAL 133 2003 Final Tax Roll Values Agenda lfém~~.Qtd. January 25, 2005 Page 52 of 111 Zi 34109 -1720 Latest Sales History Land Value S 913,600.00 (+) Improved Value S 51,553.00 (=) Market Value S 965,153.00 H SOH Exempt Value $ 892,701.00 (=) Assessed Value $ 72,452.00 (-) Homestead and other Exempt Value S 0.00 (=) Taxable Value $ 72.452.00 SOH = "Save Our Homes· exempt value due to cap on assessment increases. Date I Book· Page Amount -- The Information is Updated Weekly. http://www.collierappraiser.comlRecordDetai1.asp?F olioID=oooo000238360oo4 6/11/2004 ~002 Agenda Item No.8 January 25, 200 Page 53 of 11 ,... ........,-- ... ..,......, ." .l¡::/l0f Vol "1nu U): Z3 1''A.!. :. .;;.¡ .- M~ L IIOU8IfIID ..-....-.. ....... ....... ... .... -- IØanutg ~ ............. Mocho... lat. of Hay ,. 87. ~~ ILEUS II. BtJCKLEY. 1nd1.v1d\&.a11.y ~d , Exac\l.t:or of the btate of H. H. BUaa.EY ad 'tHOMAS E. B~. as Personal. raaautat :va of tha Eatata ofRan:y It_ .Ii.~j1aceê:ifier Flo ida . ~. -' HAJUlY K. BUCI1.EY. III, .DONALD E. BY. and OKAS E. BUCKLEY co-partners doin¡ b~.ln.aa under the f1raa USliI8 d style 0 Bu.ckley Ez¡tarpd..s """- po.- ~.-.-.. 7S01 KOE'l:h A:t:&.·pOE'C Ito f¡' ~.pl.., Fl r14& 31942 ~ 01 .... c-., of Co1l1er . I,,,, FLar cIA ----JIt. ",...w __. .... ..... ... ~ ." - - .. Ten and XX/~OO--------------~~J ----------,--~----------------- ~ ...., .... ...... .... ........... CD ooIdD. ~.-r.... .. ~ In ...... poW ....." ......... .. ....... wherwoI It ......, .."" r·:. I ...........c................ Dftd ..lei .. .... ..-.. ...." 's "'"" .... ........ '--. ..... .......... I ........" ~.......... ....... ... Col.l.t. . eov..t,. ~. ~ . .~." See a1:tacha4 1e&&1 c!e.cr1.pt1on 164582 OR: 2300 PG: 1991 .. mrau. __ If CIIIII4Da ~, ß 1& .:1"'" t. ~ GIll' _ u.... DC. J5.. ....7t Jut.. tM _ ..-. .... IowfwI .... .. all 0ft6 .... ..-- ... ~ Uy ..... h .... 10 IGid ~ _t.-~~........ · ~ end -...... .. .....t ~ or " ~ -=- ~C' ..= ... '--1-:".... ..........................- 1ffifl . II. ..::: -:: ¿~ A~;~~~ ~~: Of me FsrÁte"of STA11i Of E'IŒJDtI. COUN'IY OF (n"r~ ... I H9!:8Y ŒR11FY that 011 ... day ....... _ _ ~ cMtj .......... ... ..... --~.",.. ... ~ E. Buckley. as Pe:reoaal ~:;f0f the Esea of Barz:y M.. Buck.1.ey ... _ "--' so be .... ~ ~.n"""....t-» .... r..1'OQCIÏftg he -...d.... _. I wmESS ..., ....nd end tIiSckII Mol ¡., .... ~ ..... 5fatIr ~~ .... 19 81f. \. . - I . Mr - ,. --œ®§~ ~ Oí]i)~@® ~~~cr'p~:~~; :o::'~~." Doc....'·Book..... "oo.,.jl ...., , of (Sean ($Dan 0-' adanA_I flP i btfono - ..., .., 01 ~~~ (" (..\ ...... .......:. I ~~öQ@1IDIT® ptnO~2004-AJl-5220 . PROJECT #2003090040 DATE: 1/23/04 FRED REISCHL 12/18/03 THlf 15:24 FAX Agenda Item No. ~003 January 25,2005 OR: 2300 PG: 1999 Page 54 of 111 . "" SUrE OF ::ILLDfOU COÜln'Y OF ~f\J~OJo'"\ 1 ~y aa:rIFY c:h.at on t:h . day b.~o qU&1~f1ed to taka aCkDQW~edgment . per.onal Buckley. 1D.d1.vt.d~llY and as Ex. 1:01:' ot 1:0 me known to be the p.1:'aon <i..' r1.b.d in gol128 Warr4U\ty D..I! and acmowle' .sed berar. r:h. same. I· I: WI.nŒSS ray r::at. and off~c1a dore. .:1.d chi. day of I I! ji .\ ! . 1118. aD o£:f1.cer d.u~y y appeared 11eu8 N. Eat.c. of ti. M. Buckley d who execuCed che for.- chat aha ex.cuted ( SBAL) . eou::-cr9~r:ate l..t Exp1.ree. I Î I: I .., JIC.¡ ""OFFICIAl SEAlw ..... - ---.. ....... -- .. ...... _ - . t."...... -"'JW ......... ... "'1 1 ...... --.~ -.~ .......,... --- - ...,...~ ~ ........... -.. ..... L to. Description: Collier,FL Documaat-Book.Page 2300.199 Page. 2 o£ 3 __ .i (t~ Agenda Item No. BC January 25, 2005 Vanå~§~5_ Daylor . December 16, 2003 ,p~2r2004-AJl-5220 , PROJECT #2003090040 DATE: 1/23/04 Mr. Fred Reischl, AICP FRED REISCHL Principal Planner Current Planning Department Community Development & Environmental Services 2800 N. Horseshoe Drive Naples, Florida, 34104 Urban Planning Landscape Archìtecturt Civil Engineering Traffic Engineering Environmental Science Fl 366 RE: Application For Public Hearing For Buckley Mixed Use Planned Unit Development (MUPUD) Rezoning, 5220 Airport-Pulling Road, Naples, Florida Dear Mr. Reisch!: Please find enclosed our rezoning application for property referenced as the Buckley Mixed Use district based on the Future Land Use Element (FLUE) of the Growth Management plan (GMP). The Planned Unit Development regulatory document and the Master Plan have been crafted and designed to incorporate all of the design parameters required of the Buckley Mixed Use district as described in the FLUE. It should be noted that while the Buckley Mixed Use Subdistrict allows the applicant to apply for 15 dwelling units per, and thus would allow us to construct 243 dwelling units, are requesting a maximum of 251 dwelling units for a project density of 11 dwelling units per acre. This decision on our part is the result of an agreement with adjacent property owners and constitutes a settlement agreement that should set aside current litigation regarding the appròval of the Buckley Mixed Use Subdistrict amendment to the Comprehensive Plan. Internal development standards are established to promote a traditional urban design environment. This is accomplished by essentially establishing a space between buildings regulation and dispensing with traditional setbacks from streets. In all other respects, our Master Plan is consistent with provisions of the Land Development Code particularly as this relates to the requirement for a minimum of 30% open space for mixed-use projects. The site does not contain any native vegetation, and consequently the provision for native vegetation retention does not apply. We have been particularly sensitive to the concerns of residents of Emerald Lakes residents and to that extent we have included in our design of the Master Plan a detail that illustrates how there will be no ability on the part of Emerald Lakes residents to view any building sky line on the Buckley Mixed Use PUD site. Additionally, provisions of the PUD specifically contain regulations that were agreed to by a settlement agreement between Emerald Residents Association, Inc. and f Buckley Enterprises as interveners. 1~5Il~lr.II1$m.II8I_.doc 12730 New Britèmy Boulevard. Suite 600, Fort Myers. Rorida 33901 T 239.-i31.4601 F 239.431.-4636 w vanday.com Fort Hyers . Naples ,~ Agenda Item No. BC January 25, 2005 Page 56_ ~ We hope your review will reveal that we have presented your office with an innovative - mixed-use project that will serve as a benchmark for future projects to strive to emulate. cc. Scott Klein J.E.D. ofS.W. Florida (,\ProjoctsI806l806851Zooing\Applícston Ir3nsnlltJaI_,doc -" ,- Agenda Item No. BC January 25, 2005 Vanåsre7_ Daylor . Summary Notes from June 29, 2004 NIM for Buckley Mixed Use Application Urb311 Planning bndsape Architectul! Civil Engineering Traffic Engineering June 30, 2004 Environmental Science Fred Reischl opened the meeting at 5.30 PM.. He explained the purpose of the meeting Fl366 and laid out a sequence of events, under which interested parties will have other opportunities to affect the outcome of the petition for the Buckley Mixed Use Zoning District. . Richard Yovanovich, representing the applicant, gave a description of the project and noted that the development plans are responsive to a legal settlement agreement that was the outcome of a lawsuit filed by the Emerald Lakes paA. He further noted, that a project summary was made available to all attendees and that they could discern £rom this summary specific design components of the master plan. Representatives of the Lakeside paA expressed concerns over the conflicts that will be created by turning movements £rom various entry points and in particular the resulting impact to the turn lane configuration at the main entrance to Lakeside and the project. Emerald Lake property owners expressed concern that housing is not for affordable income households. This question was answered by several members representing the applicant, each of whom gave assurances that housing would be beyond the reach of that considered appropriate for affordable housing. There was also concern addressed over the degree of view blockage that would be established along the west boundary. They were advised that a wall and benn would be constructed along the west boundary within an additional 20- foot buffer. This will effectively block the views of Emerald Lake residents at street level. The height of the areca palms is such that Emerald Lake residents should not be able to see building structures on the property. Sid Showalter, a resident of Emerald Lakes, expressed concern that a three story building would not be compatible with the one story homes parallel and contiguous to the project's west boundary and challenged the veracity of the graphic illustration that showed a line of sight that prevented the view of any buildings. Two property owners representing Emerald Lakes paA recounted the process leading to the legal settlement agreement and indicted that the plans presented this evening were entirely consistent with the agreement and Emerald Lakes paA should embrace the plans and not obj ect. The meeting was concluded at 6:30 PM. 1.\Pn¡íods~".3D. MMdcc.doc 12730 New Brittany Boulevard. Suite 600, Fort Myers, Florida 33907 T 239.437.4601 F 2.39.437.4636 w vanday.com " Agenda Item No. 8C January 25. 2005 Page 58 of 111 ST ATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REOUEST 1. NAME OF APPLICANT: Land Development Group. LLC 2 . MAILING ADDRESS: 9130 Corsea del Fontana Wav CITY Naples STATE Florida ZIP 34109 3 . ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 7501 Airport Road. Naples. Florida 4. LEGAL DESCRIPTION: Section: 02 Township: 49S Range: 25E Lot: Block: Subdivision: Plat Book Page #: Property I.D.#: Metes & Bounds Description: See attached le2al description S. TYPE OF SEWAGE 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) r8J o o o ADDlication For Public Horlnl! For PUD Rezone 8129/03 .--~_.- " Agenda Item No. 8C January 25, 2005 Page 59 of 111 TOTAL POPULATION TO BE SERVED: 1051 (residential+omce+retam - 7. 8. PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK 218.588 f!Dd B. SEWER-PEAK 245.868 I!Dd AVERAGE DAILY 87.435 2nd AVERAGE DAILY 70.248 2Dd 9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: Januarv.2005 1 O. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. 11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building pennits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. 12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. Utility Provision Statement RJM 10/17/97 Apolicatlon For Public: Hearlnl! For PUD Rezone 8/29103 - Agenda Item No. BC V JanUa~2_5 2005 ana~~6 Day tor ~ Urban Planning landmpe Architecture ~zc.. ~,2003 Civil Engineering Traffic Engineering Enyironmental Science Ms. Barbara S. Burgeson Sr. Environmental Specialist ... Planning Services Department 2800 N. Horseshoe Dr. Naples, FL 34101 FL J6ó RE: EIS Waiver Request, Buckley Mixed-yse PUD Airport-Pulling Road, Naples, Florida. Dear Ms. Burgeson The above referenced property consists of the existing Buckley nursery on the west side of Airport-Pulling Road, just north of Orange Blossom Road, that includes 22.± acres of land. A copy of an aerial photograph is enclosed with the boundary of the property shown as well as an indication ofFLUCCS information. As the aerial clearly shows there is no native vegetation on the property or trees of special significance. Neither are therel any wetland associations with the property. We respectfully request a waiver of the requirement to submit an Environmental Impact Analysis with our proposed application to rezone the property to a R TPPUD zoning classification. We will submit an aerial map showing FLUCCS indicators and soil characteristics. It should be noted th~t all of the property is in an X zone for flood purposes. will appreciate your expeditious processing of this request. .. 1.1Pr1>jed:\8~"'IJQIES Wai.... Le/fw: ~oc 12730 New Brittany Boulevard, Suite 600, Fort Myers, Florida 33907 T 239.437.460 I F 239.437.4636 w vanday.com Fort Myen - Naples Agenda Item No. 8C Ja~5 Vanasse _1 Daylor .-- TRAFFIC ANALYSIS AND ISSUES BUCKLEY PARCEL November 26, 2003 PtnO~2004-AJR-S220 PROJECT #2003090040 DATE: '1123/04 FRED REISCHL BUCKLEY PARCEL Airport Pulling Road & Orange Blossom Drive Naples, Florida Prepared By: Vanasse & Daylor LLP Job # 80685.10 ....- . > J, 12730 New Brittany Boulevard, Suite 600. Fort Hyers, Florida 339D7 T 239.437.4601 f 239.437.4636 w vanday.com STATEMENT OF CERTIFICATION Agenda Item No. BC January 25, 2005 Page 62 of 111 I certify that this TRAFFIC ANALYSIS has been prepared by me or under my immediate supervision and that I have experience and training in the field of Traffic and Transportation Engineering. Reed Jarvi P.E. Florida Registration #40156 VanasseDaylor, LLP 12730 New Brittany Boulevard, Suite 600 Fort Myers, Florida 33907 (239) 437-4601 Collaborators . Randy SpradUng, Nelson Galeano, Jim Palmer. Agenda Item No. BC January 25, 2005 Page 63 of 111 Table of Contents IN'TR.ODUCTION AND SUMM.AR Y " ........ ................................... ...~............. .......... ...... ............. 1 - PROPOSED DEVELOPMENT........................... .............................. ..... ............ .......... .................. 3 EXISTING AND PROPOSED LAND USE ....................................:......................................... 3 AREA CONDITIONS .................................... ................. ............ ........ ...... ............... ....:....... .......... 3 - . SITE ACCESSIBII..,ITY...... ................. ....................................................................................... 3 PROJECTED TRAFFIC............................. .................................................... ................................ 5 PROJECTED TRAFFIC..... ................................................ .......... ................ .................... ..... ..... 8 ANALySES................................. ......................... .......................................,. .............:............. ...... 9 CAPACITY AND LEVEL OF SERVICE ................................................................................. 9 SITE ACCES S ...............;........................ ...................................... ..... ............ .......... ................. 11 1'RAFFIC WP ACTS............................................... ................ ...................... ........................... 12 IMPROVEMENT ANALYSIS .. .... ........................ ............................... ........... .................. ........ .... 12 CONCLUSION............ ..................... ........................... ............................... .......... ...... .................. 13 Buckley Parcel , Page i Table of Contents ~--- -~-- Agenda Item No. BC January 25, 2005 Page 64 of 111 INTRODUCTION AND SUMMARY VanasseDaylor is providing this Traffic Analysis and Issues Study for the Buckley Parcel. The purpose of this study is to provide to the Collier County Transportation Operations Review Department adequate information to show assuring that the traffic-related problems are anticipated and that effective mitigation measures are identified. The Buckley Parcel is located on the west side of Airport Pulling Road just north of the County Regional Library in the Collier County (see Exhiþit I-A Location Map). The site is approximately 23 acres in size and is currently used as a nursery. The projected intensity and density of this reqUired mixed-use project is in complian~e with the . Future Land Use Element (FLUE) based on the following relationships to required criteria: Criteria. Residential IS d.u's/ac Retail 3.250 s.f/ac. Office 4,250 s.f/ac. Max. Intensi1;y/Densit)' 343 dwelling units 74,230 s.f. 97,070 s.f. Proposed Intensi1;y/Densi1;y 251 dwelling units 74,230 s.f. 97,070 s.f.* (* with 25% for Medical Office) The project's impacts are significant on Orange Blossom Drive west of Airport-Pulling Road westbound, Orange Blossom Drive east of the project, Airport-Pulling Road north of the project and Airport-Pulling Road south of Orange Blossom Drive southbound. (Greater than 3% of the LOS Standard), and none of the segments in the vicinity of the project are adversely impacted (LOS below standards). Following improvements are recommended on Airport-Pulling Road at: ~ Orange Blossom Drive: Dual left turn on eastbound approach. ~ Project Main Entrance: Full-movement signalized intersection. Maintain. the existing northbound left turn, and the addition of a 185 foot (including a 50 foot taper) southbound exclusive right turn lane. ~ A 185 foot (including a 50 foot taper) southbound exclusive right turn lane at the Project North Access. Buckley Parcel Page I I:\Projects\B06\80685\Traffic\8068ST AlOCH .doc Agenda Item No. BC January 25, 2005 Page 65 of 111 PROPOSED DEVELOPMENT EXISTING AND PROPOSED LAND USE The Buckley Parcel is located on the west side of Airport-Pulling Road just north of the County Regional Library in Collier County (see Exhibit I-A Location Map). The site is approximately 23 acres in size and is currently used as a nursery. The proposed Land Use for the site includes Retail Uses at 3,250 sf per acre (LU 820: 74,230 SF), Office Uses at 4,250 sf per acre (LV 710: 72,803 SF and LU 720: 24,268 SF), and Multi- Family Uses at 11 DV per acre (LV 230: 251 DU), based on total acreage. AREA CONDITIONS SITE ACCESSIBILITY Area Roadway System Airport-Pullina Road Airport-Pulling Road in the vicinity of the project is a six-lane divided arterial. It is under county jurisdiction and has a speed limit of 45 mph. Oranae Blossom Drive Orange Blossom Drive in the vicinity of the project is a two-lane undivided collector. It is also under county jurisdiction, and has a posted speed limit of35 mph. TRAFFIC VOLUMES Average growth rates were estimated for every segment of the arterial and major collector roadway network in the study ;¡I.I'ea using 1998 to 2002 historical traffic volume data published by Collier County. These growth rates ranged between 3.9% for Airport-Pulling Road and 12.6% Buckley farce! Page 3 1:\Projec:tS\806\80685\T rafllc\80685T AIOO4.doc Agenda Item No. BC January 25, 2005 Page 66 of 111 for Orange Blossom Drive. VanasseDaylor considered that these high growth rates will not continue due to the construction of Livingston Road, Goodlette-Frank Road and improvements on Vanderbilt Beach Road. VanasseDaylor reviewed available data and model projections to estimate background and future traffic volumes for the study area. Data used came from the 2005 Financially Feasible Florida Standard Urban Transportation Model Structure (FSUTMS), Collier County Transportation Planning Department 2002 Traffic Count Report and Florida Department of Transportation (FDOT) Florida Traffic Information 2002. These data were used to develop an average growth rate for use in projecting traffic volumes on the study area network. Table 1 presents the projected Average Daily Traffic volumes that are· derived for this study. Appendix A contains the methodology used in this study to derive the growth rates. Table I PROJECTED TRAFFIC VOLUMES - 2008 ADT Average 2008 Airport-Pulling Road N of Orange Blossom Drive Livingston Road N of Orange Blossom Drive Goodlette-Frank Rd. N of Orange Blossom Drive US 41 S of Vanderbilt Beach Road 1-75 N of Pine Ridge Road 51,900 22.500 19,700 49,200 53,700 COMMITTED ROADWAY IMPROVEMENTS Roadway improvements that are currently under construction or are scheduled to be constructed. within the next three years were considered to be committed improvements. These were identified in the Collier County Transportation Improvement Plan and Florida Department of Transportation FDOT Adopted !"ork Programs for Collier County. Fiscal Year 2002/2003- 2007/2008. Roadway improvements are committed for construction in order to help alleviate current area road deficiencies and to support future area development. Buckley Parcel Page 4 1:\Projeas\806\8068S\ Traffic:\8068ST AlOO4 .do<: Agenda Item No. 8C January 25, 2005 Page 67 of 111 The committed improvements in the area include: A) Goodlette-Frank Road four-lane expansion from Pine Ridge Road to Vanderbilt Beach Road in 2004; B) Livingston Road construction of a six-lane arterial in 2003 from Pine Ridge Road to Vanderbilt Beach Road, and from Vanderbilt Beach Road to Immokalee Road in 2004; and C) Vanderbilt Beach Road six-lane expansion from Airport-Pulling Road to Logan Boulevard in 2004. PROJECTED TRAFFIC TRIP GENERATION Site-generated trips were estimated using Institute of Transportation Engineers (ITE) Trip Generation (6th Edition), in accordance with the current Collier County policy. The following trip generation fonnulas were used, and the trips generation results are shown in Table 2: Multi-family (LU 230): ADT: Ln (T) = 0.850 Ln (X) + 2.564 AM Peak Hour: Ln (T) = 0.790 Ln (X) + 0.298 PM Peak Hour: Ln (T) = 0.827 Ln (X) + 0.309 Shopping Center (LU 820): ADT: Ln (T) = 0.643 Ln (X) + 5.866 AM Peak Hour: Ln (T) = 0.596 Ln (X) + 2.329 PM Peak Hour: Ln (T) = 0.660 Ln (X) + 3.403 PASS-BY T=% Ln (T) = 0.291 Ln (X) + 5.001 Genera! Office Building (LU 710) ADT: Ln (T) = 0.768 Ln (X) + 3.654 AM Peak Hour: Ln (T) = 0.797 Ln (X) + 1.558 PM Peak Hour (Average Rate): T = 1.49(X) Buckley Parcel PageS 1:\Projects\806\8068S\T raffjc\8068ST A()O.i.doc -~---_._- - Agenda Item No. 8C January 25, 2005 Page 68 of 111 Medical Office (LU 720): ADT: T = 40.892(X) - 214.97 AM Peak Hour: T = 2A3(X) PM Pea.k Hour: Ln(T) = 0.921 Ln(X) + 1.476 Table 2 PROJECT TRIP GENERATION (Mixed Land Use) Land Use AM AQI Em fom PM ~ fm Enter m. 88 131 88 43 17 lOB 18 90 12 83 22 60 52 516 248 268 169 838 376 462 Multi-Family (LU 230): 251 DU 1,423 106 18 Office (LU 710): 72.802 SF 1,040 145 127 Medical Office (LU 720) 24,268 SF 777 59 47 Retail (LU 820): 74,230 SF 5,628 134 82 Totals 8,869 443 274 '- Since the proposed development will have dissimilar land uses, a percentage of the site- generated traffic will be captured by the land uses inside the development and not be introduced to the external roadway network. Internal capture trips were estimated using rate and summary sheets shown in the ITE Trip Generation Handbook An ITE ·Recommended Practice (see Appendix B). In addition, the retail land use will capture pass-by from the adjacent traffic stream on Airport - Pulling Road. The ITE Trip Generation Handbook An ITE Recommended Practice was used to determine the Pass-By Capture reduction of 42% (see Appendix B); however, Collier County Staff suggested using a lower Pass-By Capture reduction of 25%. Table 3 presents the resulting PM Peak. Hour net external site-generated trips. Table 3 NET EXTERNAL PM PEAK HOUR SITE-GEN ERA TED TRIPS 8J~hrcel Page 6 ... PM Peak Enter Exit 131 88 43 -55 -32 -23 108 18 90 -15 -7 oS 83 22 60 -16 oS oS 516 248 268 -74 -33 -41 -110 -54 -57 568 2<13 325 I :\Projeas\806\8068S\ T raff\c\B068ST AI004.doc J..aosI....!.la Multi-Family (LU 230): Mixed Use Internal Capture Office (LU 710): Mixed Use Internal Capture Medical Office (lU 720) Mixed Use Internal Capture Retail (LU 820): Mixed Use Internal Capture Passby Capture 25% 251 DU 72.802 SF 24.268 SF 74.230 SF TRIP DISTRIBUTION AND ASSIGNMENT Agenda Item No. 8C January 25, 2005 Page 69 of 111 The pattern of site traffic distribution is based on locations of generators and attractors in the study area of the proj ect. The traffic distribution was divided in three distributions based on land use: residential, office, and retail. The distributions for the project are shown in Exhibit 2 and Table 4. Buckley Parcel Residential Commercial Office 5% 0% 5% 10% 0% 5% 15% 100% 10% 100% 10% 100% Exhibit 2 10% 15% Vanderbilt 'Beach Road 20% ¡ ._~-~---:-. --,-- ..._, t....... _ ~~).c-~-S¿;:' M, ~ ~~ 15% 10% 10% 5% 10% 0% 5% 2% '5% ~ @%~ 50% 40% 40% 50% North -$- Orange Blossom Drive 10% 20% 20% Airport-Pullin!! Road 5% 3% 0% 15% lli 10% Page 7 25% 10% 20% 0% 5% 0% J&C Boulevard 0% lli 0% 15% 0% 20% Uvi""gston Road 5% lli 10% 5% 5% 10% Naples Boulevard 1:\Projects\806\806BS\T raffic\8068ST Al004.doc 5% 4% 5% Pine R.idge R.oad Agenda Item No. BC January 25, 2005 Page 70 of 111 The trip distribution percentages of each land use were applied to the site-generated traffic volumes to determine the site-generated vehicle trip assignment. The following table shows the distribution percentages for each land use. Table" TRAFFIC DISTRIBUTION·PM PEAK HOUR (NEW TRIPS) Traffic Distribution Land Use Orange Blossom west of Airport-Pulling Rd. Orange Blossom east of Airport-Pulling Rd. Airport-Pulling Rd. north of project Airport-Pulling Rd. south of project Airport-Pulling Rd. south of Orange Blossom Airport-Pulling Rd. north of Vanderbilt B. Rd. Airport-Pulling Rd. south of J&C Blvd. Airport-Pulling Rd. south of Naples Blvd. Airport-Pulling Rd. south of Pine Ridge Rd. Goodlette-Frank Rd. south of Orange B. Dr. Goodlette-Frank Rd. north of Orange B. Dr. Livingstong Rd. south of Orange B. Dr. Livingstong Rd. north of Orange B. Dr. Vanderbilt B. Rd west of Airport-P. Rd. Vanderbilt B. Rd east of Airport-P. Rd. Pine Ridge Road west of Airport-P. Rd. Pine Ridge Road east of Airport-P. Rd. Residential Commerc. 15% 10% 10% 20% 40% 40% 60% 60% 35% 30% 10% 15% 30% 15% 25% 10% 15% 4% 10% 0% 5% 0% 5% 5% 5% 5% 15% 10% 15% 5% 5% 2% 5% 4% Office 10% 20% 50% 50% 20% 20% 20% 20% 10% 5% 5% 10% 10% 10% 20% 5% 5% The proposed commercial retail use is of a "neighborhood: nature rather than "regional" in scope. For this reason, the area of influen~e will likely be confined to residential developments along Orange Blossom north and south of the Buckley parcel. The radius of influence was assumed to be not higher than 1.5 miles from the site. PROJECTED TRAFFIC The Projected Daily Average traffic volumes were converted into 2008 Peak Hour Two-Way background traffic using historic!Ù traffic data published by Collier County. This included the . Truck Factor (95.24%) and K2S0 (9.2%). The Directional Factor (53.0%) for Airport-Pulling Road, from Pine Ridge Road to Vanderbilt Beach Road, was used to establish the 2008 Peak Hour Directional Traffic Volumes. The data sources used for this analysis are shown in Appendix A. Table 5 shows the projected 2008 directional Peak Hour volumes. Buckley Parcel PageS 1:\Projects\806\8068S\Traffic\806BSTAJOM.doc Agenda Item No. BC January 25, 2005 Page 71 of 111 ANAL YSES CAPACITY AND LEVEL OF SERVICE The roadway segments analyzed consist of Airport-Pulling Road and Orange Blossom Drive. The site-generated vehicle-trip assignments were added to the projected build-out year background traffic to calculate total projected traffic volumes. The project is expected to be built out by year 2008. Table 5 presents the link LOS analyses for the projected background and total traffic conditions. Appendix C contains .the tables used in these analyses Table 5 LEVEL OF SERVICE (2008.PM PEAK SEASON PEAK HOUR DIRECTIONAL) 2008 PM Project Peak 2008 PM PM Peak Peak LOS Traffic as Dlrea- Peak Back Project Toal LOS Back LOS %of ROI>DWAY ion zround T raffle: Traffic LOSe LOSD LOSE Std zround wlProj LOS Std Orange 810ssom Dr. W o( Airport-PuRinr: EB 507 . 27 53<4 690 950 950 950 C C 2..~ Rei. WB S88 3<4 622 690 950 950 950 C ç 3.5" Oranp Blossom Dr. E 0( Airport-Pulling EB S07 63 570 69Q 950 950 950 e e 6.6" Rd. W8 588 <43 631 690 950 950 950 C C 4.5" Airport.Pullinr: Rd. N o( Orange Blossom NB 2,442 1<43 2,585 1.120 2,530 2,590 2.590 D E 5.5" SB 2.106 182 2.287 1,120 2.530 2.590 2.590 D D 7.0" Airport-Pulling Rd. S 0( Orange Blossom NB 2.442 73 2.515 1,120 2,530 2,590 2,590 D D 2.~ SB 2.106 B5 2.191 1,120 2.530 2.590 2.590 D D 3.3" Airport-Pullinr: Rd. N of Vanderbilt B. Rd. NB 1.989 54 2,044 2,530 2,530 2,530 2,530 e e 2.2~ S8 1,764 35 1.799 2.530 2,530 2.530 2.530 e C 1.4% Airport-Pulling Rd. S of J&C Blvd. NB 2,442 . 46 2.48B 1.120 2.530 2,590 2,590 D D I.~ S8 2,106 59 2,164 1,120 2.530 2,590 2,590 D D 2.3~ Airport-Pullin¡ Rd. S of Naples 8lvd NB 2.442 35 2,477 1.120 2,530 2,590 2,590 D D 1.4~ sa 2.106 49 2.154 1.120 2,530 2,590 2.590 D D 1.9" Airport-Pullin: Rd. S 0( Pine Ridge Rd. NB 2.691 17 2.708 3.180 3.200 3.200 3.200 e C 0.5% SB 2.202 23 2.225 3,180 3.200 3.200 3,200 C C 0.7%. Goddletta-Frank Ftd N 0( Orance Blossom ... NB 1.001 8 1,009 1.700 1.900 1.900 1,900 e C 0.4" Dr SB 725 4 729 1,700 1,900 1.900 1,900 C C 0.2% Goddlette-Frank Rd S 0( Orange Blossom N8 986 7 993 1,390 1,850 1.900 1,900 C C 0."" D~ 58 714 9 723 1.390 1,850 1.900 1,900 C C 0.5" Uvingston Rd. N 0( Orange Blossom Dr. NB 1.0&4 23 1.107 2.880 3,630 3.630 3,630 C C 0.2%. SB 887 13 901 2,880 3.630 3,630 3.630 C C 0.-4" Uvingston Rd. S 0( Oranr:e 810ssom Dr. NB 1,0&4 13 1.098 2.880 3,630 3,630 3,630 C C 0.-4" 5B 8B7 23 910 2,880 3,630 3.630 3.630 C C 0.6" Vanderbilt Beach Rd. W of Ai~port-P. Rd. EB 1.464 3-4 1,498 1.310 1.520 1.520 1.520 D D 1.8" W8 1,151 27 1,178 1,310 1.520 1,520 1,520 C C 2.5" VanderbUt Beach Ftd. Eo( Airport-P. Rd. EB 2,172 38 2.210 2.720 2.720 2.720 2. 720 C C 1.-4" WB 1,119 22 1,141 2.720 2.720 2.720 2.720 C C 0.8% · Bold denotes 'significant' impaa or "adverse" impaa Buckley Parcel Pase9 1:\Projects\806\80685\Trafllcl80685TAI004.doc "_..~_."- Agenda Item No. BC January 25, 2005 Page 72 of 111 Table 6 presents the buildout year PM Peak Hour background and total traffic levels of service at the analyzed intersections. Four different scenarios were analyzed for the buildout year: The background scenario without project; the total traffic scenario with project and network in existing conditi.ons; the mitigation scenario with network improvements; and the mitigation scenario with network improvements and full intersection at the main entrance of the project. Descriptions of the improvements will be presented elsewhere in this study. Table 6 INTERSECTION LEVEL OF SERVICE (1006-PM PEAK SEASON PEAK HOUR DIRECTIONAL) Without Droiect With Proiect. Exlstin~ With Proiect. ~ lmoroved NetWOrk and LOS Delay .~ LOS Delay ~ LOS Delay SI~n.11zed Access LOS Delay AirpoTt-Pulling Rd. & Orange Blossom Livingston Rd. & Orange Blossom Goodlette-Fnnk Rd & Orange Blossom Airport-PuDing Rd. & J&C Blvd. Airport-Pulling Rd. & Naples Blvd. AirpoTt-Pul~nr Rei & Vanderbilt Beach Rd. Airport-PulWng Rd. & Main Entrance E A B F D E NJA (seclveh) 7l.S 3.7 IB.4 92.2 39.9 74.2 (secfveh) F 102.6 F A 4.2 A C 25.0 C F 93.1 F D 41.2 D E 76.0 E N/A N/A (seclveh) 92.8 4.2 25.0 82.0 41.2 69.0 E A C F D E C (seclveh) 70.0 4.2 25.0 82.0 41.2 69.0 24.7 SIGNIFICANCE TEST ANALYSES According to Collier County Ordinance 03-01 Sections 3.15.6.4.3. "Significance Test: Impact for the impact traffic analysis purposes for a proposed development project will be considered significant: 1. on those roadway segments directly accessed by the project where project traffic is equal to or greater than 3% of the adopted LOS standard service volume; 2. for those roadway segments immediately adjacent to segments which are directly accessed by the project where project traffic is greater than or equal to 3% of the adopted LOS standard service volume; or 3. for all other adjacent segments where the project traffic is greater than 5% of the adopted LO! standard service volume. Once traffic from a development has been shown to be less than significant on any segments using the above standards, the development's impact is not required to be analyzed further on any additional segments." The project's impacts are significant on Orange Blossom Drive west of Airport-Pulling Road westbound, Orange Blossom Drive east of the project, Airport-Pulling Road north of the project and Airport-Pulling Road south of Orange Blossom Drive southbound. The project's impacts on others segments of the study network are not significant. Buckley Parce! Paze 10 1:\Projecu\S06\S0685\T ~fnc\S0685T AI004.doc Agenda Item No. BC January 25, 2005 Page 73 of 111 SITE ACCESS TURN LANE ANALYSES Turn Lane analyses were completed using SYNCHRO® computer modeling software applied to Build-out year traffic. The project will have one proposed access point on Airport Pulling Road. Appendix D contains the SYNCHRO® computer printouts. The level of service of the main entrance is C with an average delay of 3.4 sec/veh. In order to analyze the turn lanes, it is necessary to review related ordinances. According to the Collier County Right-of Way Ordinance #93-64, left turn lanes must be provided whenever the left turn volume into a development is two percent (2%) of the Level of Service "C" daily volume, or whenever the highest hourly volumes are equal or greater that 20 vehicles. The same ordinance establishes that right turn lanes must be provided whenever the right turn volume into a development is four percent (4%) of the Level of Service "C" daily volume, or whenever the highest hourly volumes are equal or greater than 40 vehicles. The FDOT Index 301 dated December 6, 2002 was used for conceptual geometric design. Airport-Pulling Road & Main Site Access Left Turn Analysis (Northbound ApDroach) This project is expected to generate 143 northbound left turning movements during the P.M. Peak hour. This exceeds the 20 VPH threshold value. SYNCHRO® computed a 116 foot queue length. Based on this information, a northbound ~eft turn lane will be warranted at the Airport- Pulling Road & Main Site Access. This turn lane should be 310 feet long (125 feet + 185 feet, including a 50 foot taper) (See FDOT Index 301 in Appendix E). The existing northbound left .. turn lane is approximately 520 feet long. Since the existing turn lane length exceeds the computed length of need, no improvements are needed on the lane. All Site Accesses Right Turn Analysis (Southbound Approaches) Three different accesses are projected for the development: 1) The right-in/right-out north access, 2) the right-in/right-outlleft-in main access and 3) the right-inlright-out south access. This proj ect will generate 108 southbound right turning movements during the P.M. peak hour. The Buckley Parcel Pagel! 1:\Proecu\806\806BS\ T r-affic\B068ST AIOO-4.doc Agenda Item No. BC January 25, 2005 Page 74 of 111 north and main access will contain around 85% of the right in movements. Based on this information the number of right turning trips will exceed the 40. VPH threshold value for each access. For this reason, a westbound right turn lane will be wammted not only at the Airport- Pulling Road & North Access but also at the Airport-Pulling Road & Main Site Access. Each turn lane should be 185 feet long (including a 50. foot taper). TRAFFIC IMPACTS A project will have a significant and adverse impact on a state or regionally significant roadway if both of the following criteria are met: (1) the project will utilize 3 percent or more of the maximum peak hour service volume at the adopted level of service standard for the adjacent and next-to-adjacent link; 5 percent for the other links; and (2) the roadway is projected to operate below the adopted level of service standard. A review of Table 6 indicates that none of the roadway segments in the adjacent area that will be both significantly and adversely impacted by the project in year 20.0.8 for the proposed land use. IMPROVEMENT ANALYSIS As shown in Table 6, the levels of service at Airport-Pulling Road & Orange Blossom Drive, Airport-Pulling Road & J&C Boulevard, and Airport-Pulling Road & Vanderbilt Beach Road will not meet the required level of service standard for the PM Peak Hour with background traffic. Improvements will be needed on these intersections because of anticipated deficiencies that are associated with the projected background traffic: Akport-Pulling Road & Qrange Blossom Drive (dual left turn lanes on the west-, and northbound approaches) · Airport-Pulling Road & Vanderbilt Beach Road intersection (eastbound dual left turn lane) · Airport-Pulling and J&C (southbound and eastbound dual left turn lanes. and additional southbound U-turn lane) The site-generated traffic will exacerbate the anticipated poor operations at the Airport Pulling Road & Orange Blossom Drive intersection. In order to reach the standard level of service, an eastbound dual left turn lane and a dedicated southbound V-turn lane would be needed. The Buckley Parcel Pa¡e 12 ~\ProjectS\806\80685\T raffic:\80685T AIOO4.doc Agenda Item No. BC January 25, 2005 Page 75 of 111 additional V-turn volumes that create the need are site-related. Ai; shown in Table 6t the improvement results in decreased delay, although the LOS will remain the same: this alternative would still not attain the required standard because of the heavy southbound V-turn movement. In order to minimi7.e the V-turn on the Airport-Pulling Road & Orange Blossom Drive, the Main Entrance should be provided with a full-movement signalized intersection. It should be noted that the Airport-Pulling Road & Vanderbilt Beach Road intersection is currently under construction. This construction will most probably resolve the turn lane issue. Table 7 shows the recommended improvements. Table 7 IMPROVEMENTS Airport-Pulling Rd. & Orange &Iossom Dr. Airport-Pulling ReI. & J&C Blvd. Airport-Pulling Rd. & Vanderbilt Beach Rd. Airport-Pulling Rd. & Full-movement signalized Main Entrance inœrsec:tion* * Either solution addresses the problem Site-related Improvements Second left turn on eastbound 8C Southbound* Non-site-related improvements. Second left turn on west-, and northbound N/A Additional U-turn on the southbound N/A Additional left turn on eastbound N/A CONCLUSION . The following improvements are recommended on Airport-Pulling Road at: 2 Orange Blossom Drive: Dual left turn on eastbound approach. 2 Project Main Entrance: Full-movement signalized intersection. Maintain the existing northbound left turn, and the addition of a 185 foot (including a 50 foot taper) southbound exclusive right turn lane. 2 A 185 foot (includinS a 50 foot taper) southbound exclusive right turn lane at the . Project North Access. Buckley Parcel Page 13 1:\Projeca\806\8068S\TMLfflc\80685TAI004.doc r- ./1 Cð PRE.APPLICA TION MEETING NOTES REZONE - STANDARD Agenda Item No. BC January 25, 2005 Page 76 of 111 Date: C(-;;2 s-. c:ßTime: ?'; 30 Finn: Project Name: .8ucK...L.@-¡ fu lJ Applicant Name: ~ ()A...) /J I/UO Owner Name: Owner Address: ~tVA.sse b.47LcR , Pbone: Pbone: Meeông Attendees: Planner: ¿r¡vþA g CAu£...4 12. FR.eD £. ¿U5' 5 ,At . .M111"1=; S' A L...4 ¡t) E Submittal Requirements (refer to application for additional requirements) 20 Copies of the foUowing: ø Completed Application ~ Pre-application Meeting Notes 1a. Conceptual Site Plan 24X 36" and One 8 ~ X 11" copy .J5ð PUD document and Master Plan 2 Copies of the foUowing: . J DeedslLegals & Survey (if boundary of original PUD is amended) List identifying Owner & at. 1 parties of corporation Owner/Agent Affidavit signed & notarized Completed Addressing Checklist 4 Copies of the foUowing: . DNIA-Environmental ImP!at/ ment (EIS) or waiver ~ Historical Survey 0 aiv request ~ Utility Provisions nt w/sketches ,Q Architectural rendering of proposed structures .r3 Survey, signed & sealed flël Seven (7) Traffic Impact Statement (TIS) or waiver ß Five (5) copies of Recent Aerial Photograph (with habitat areas defined) min scaled I" = 400' ø' One (1) Electronic version of PUD document in Word format ~: }.l j Application Fee: $2,500 + $25 per acre ~ I ûC rz.eA 56 II .:3/0:5 $25 Data Conversion I) $100.00 Fire Code Review o f,A~300.00 Pre-application fee (to be credited toward application fee upon submittal). o N[ ~ $1600.00 Environmental Impact Statement review fee Fee Total $ PUDZ-2004-AR-5220 PROJECT #2003090040 DATE: 1/23/04 . FRED REISCm.. .- Meeting Notes CíJ.·~ ~~. ' Â{ntt( Wl:rk f U.()[5 - rorJ .fvr Ct~n<:ú.l~) Agenda Item No. BG January 25, 2005 Page 77 of 111 G:\Current\Pre-App forms\PUD pre-app.doc Revised March 28, 2003 RECEIVED NOV 2 2004 Agenda Item No. BC January 25, 2005 Page 78 of 111 October 27,2004 ZONING DEPARTMENT Collier County Gonemment Community Development & Environmental Services Division Department Of Zoning & Land Development Review Dear Kay Deselem: Location, location, an important factor to a real estate investor or a home buyer. Under any circumstances, residential & commercial development should never be mixed. Certainly, this is poor judgement, which is bad for property value, not to mention environmental & safety impact. Traffic conjestion & car noise will definitely be a nightmare. Please provide peace & tranquility to the residents of this neighborhood. We, the undersigned, strongly object The Buckley Mixed Use Pud. K~ ~ÎÞ(.e~ ~e . ~ ê)7l) ~ lßJ.R ~-ry . #¿ O~ ~I(, ~ ÂJ ~.. ?-~S-¿J ~~ ~m dSO'1 ~J..L1J[. ~ ~ '£h;;,r;7ð ~;/t*ß-0' 2'1?s( ~LK ~ r ~l \~'~"L --:tV- ~ r )Ø- Oec4-rJ d6 J? Éi-i ú 7J7~~~Y{~ '.f.qó;Z.-X > tl~ If S~(lð"'s --...--.---- Agenda Item No. BC January 25, 2005 Page 79 of 111 October 25,2004 RECEIVED OCT 2 6 2004 ZONING DEPARTMENT Collier County Government Community Development & Environmental Service Division Department Of Zoning & Land Development Review 2800 North Horseshoe Dr. Naples, Florida 34109 Dear Kay Deselem: Location, location, an important factor to a real estate investor or a home buyer. Under any circumstances, residential & commercial development should never be mixed. Certainly this is poor judgement, which is bad for property value, not to mention environmental & safety impact. Traffic congestion & car noise will definitely be a nightmare. Please provide peace & tranquility to the residents of this neighborhood. We, the undersigned, strongly object The Buckley Mixed Use Pud. Sincerely ~()V 1J. ~~C,.,,) Ludivina V. Gracilla 11/~ J~ - .:l.n:>3 5,f'"/DI"J /¡}/I!/ µ~ f? jl~,..4r .2~D7 ~n-:tvtL.W~,Jv ~ ß~....p-J.S~7~ / W'il ¡VI 'ffL ~ f/JL- ~ YI7 50.; 'ff{ ¿Jay r ¡/'f/f:J ~W-,'25\) 8ç¡\\ðfS ~- Tvorþs¡ R., ß1tICP¡-Æ .9--.J"" ~ t' \J.uµ"'f~5 fL ?,lfIO' ~ I \\Q <'f'.) '7- í< I '1- \.D , :; ~ S' "" r ,-0 tI< <; LJ ;, .1t 6'-~ ~ R Z-~,J () t.J {k/ 'I ~ 0 ~ ~ 5'GJJ. :50 ./Dr:s tu:ry 3t/ (OC¡ ;fi'le. Na ¡,-rob., æ ~- ()f Ct.f.!e.ClS Lt+ f(t! ¿]) ,. ---~-_._- Agenda Item No. BC January 25, 2005 Page 80 of 111 MR & MRS CHOYCE JOHNSON October 20, 2004 RECEIVE OCT 2 6 200, ZONING DEPARTf.¡ Collier County Government Community Development & Environmental Services Division Department of Zoning and Land Development Review 2800 North Horseshoe Dr. Naples, Fla. 34104 Ref: Petition: PUDZ-2004-AR-5220/7501 Airport Pulling Road Deal: Ms. Kay Deselem: Please let it be known for the record and for any count that will be taken. that m husband and I are totalty opposed to the reqµested re-zoning of 7501 A.i.r¡>ort pnÐin, Road &om rural agriculture to "mixed-use commercial and residential developmen~ Weare absolutely againsl;~- further commercial-development in this are~ 1:1 commercial enterprise of this ~ea h3.s been more than fully develop~d över;thé last 2. J...M: As a result, our section of Airport Pulling Road has been made into an interstate highwa with all the resnltant tta.ffic, cOJ?gestion, noise and pollution. If this land is not destined to remain rural, then the very least that should be considere is re-zoning for strictly upscale residential development. Any development other than thj will make the area a most inhospitable place to live and will ultimately drive down th property values of those who are already established in this area. We need to maintain a primarily residence based territory complete with the green gra~ and beautiful pootings that are indigenous to Florida. That is why we live in Florida. W are not living in Florida to get yet another paved parking lot. We appreciate your m~k1f1g this letter heard at the public hearing of whiçþ we will b unable to attend. We appreciate your submitting this letter as a permanent part of th record on this subject. Relatedly, we ask that you supply us with a record #, and th specifics of the disclosure of this letter at the hearing. Thank you very much, - : ~ -.' _ ., ~~åYêea1;ld 'Ch<?ryl ]oÞRs,<>ll, . . '. -i I . t. - .' ..~. . . ,;.1' I,! .. LAKE:SI D E~··UNIT.,Bi(j 2 NAPLES, FLA 34109 : ;: . ~ ': - -, ..(. . . 'PHONE ,#9J 7,-.8'2 S'-2542 " ,'. '.,".. ! ,. ;:. ..:;.. 0. Agenda Item No. 8C January 25. 2005 Page 81 of 111 ,-' April 16, 2004 Dear Collier County Commissioners, I am a resident of Emerald Lakes, a community located behind the Buckley Property on Airport Road between Orange Blossom Road and Vanderbilt Road. I recently obtained a preliminary copy of the proposed Buckley Mixed Use PUD and Site Plan which has caused me great concern. The PUD proposes to develop the site at 11 dwelling units per acre plus 171,300 s.f. of commercial space, in the center of a community that is primarily one and two story residential dwellings whose density is only 3-4 dwelling units per acre The site is presently zoned Rural Agricultural with the present Master Plan zoning of Residential and a maximum density of 3 dwelling units per acre. The surrounding area Í! devoted entirely to low density residential units. The only exceptions to this are the Brighton Gardens ALF and the Collier County Library and the commercial comer at Vanderbilt Road and Airport Road. All buildings within the area are 35 feet maximum height or less including Brighton Gardens ALF and the commercial comer. The homes directly adjacent to the Buckley property are primarily one story homes with a height of 18.5 feet and a few two story homes with a height of24.5 feet. The proposed buildings on the Buckley site are to have a maximum height of 45 feet and would dwarf all the other buildings in the area and tower over the adjacent residential homes. An examination of the site plan reveals two rows of buildings, plus what appear to be twe residential hotel like structures at each end of the site. The buildings in the front row would be office and retail space with rental apartment units above. The second row of buildings are a tenement type structure. All of these buildings are a continuous line of structures, interconnected by walkways and breezeways between the buildings, bringing to mind the tenements in Philadelphia in the twenties and thirties. All of the units would be rental units. A model sales and rental office is proposed along with model dwelling units for a period not to exceed ten years. The internal roadways and parking areas are the primary open space. The only plant life on the site appears to be relegated to the setback areas. It is not apparent from the site plan how water management with be handled. Only one small pond is proposed a one end of the site. As the site is essential all roadway, parking lot and buildings, some allowance must be made to handle water runoff, if the proposal is to be seriously considered. The entire site is surrounded by 1027 parking spaces and is devoid of any amenities for the future residents. There are three propose entrances/exits to Airport Road. All traffic entering the site must be southbound and all traffic exiting the site must be southbound. The additional 700-800 cars on Airport Road during the day and especially at rush hour will certainly have an impact on traffic congestion in the area. In addition, the PUD takes exception to Design Standards for Subdivision Practice/Regulations and substitutes site specific standards by the developer. These Agenda Item No. BC January 25, 2005 Page 82 of 111 include exceptions to Street ROW, Pavement Width, Sidewalks and other specific infrastructure as may be specified. The PUD developer has defined the development of the site as a concept and once approved, reserves the right to amend it as the developer sees fit as long as it falls within their general definition of intent for development of the site by the developer. What is being proposed in this PUD could possibly be appropriate for Fifth Ave. or some other high density city location, although it would have to be modified for traffic impact, water management and site standards. It is an abomination of the zoning process to consider this in the midst of an existing entirely low density residential community. The Buckley site is comparable to the Banyan Woods site further south below Pine Ridgl Road on Airport Road and should be handled similarly. Additionally, there should be no consideration for commercial zoning in the center of a residential section not bounded by a major road intersection. It should be noted that the Pulling site on Airport Road, south of Orange Blossom Road was recently rezoned and remained with the density requirements of 4 dwelling units per acre with only limited commercial space at the intersection of the two roads. I am not opposed to future development of the Buckley but pray that the County Commissioners adhere to the Master Plan and zone it accordingly. A residential community similar to Banyan Woods would certainly be acceptable. Sincerely, Forest H. Wainscott II 7527 Mill Pond Circle Naples, FL 34109 239-513-9543 cc: Fred Reischl ;.. Agenda Item No. 8C January 25, 2005 Page 83 of 111 To: Fred Reisch}, Planner, Collier County Collier County Planning Commission Board of County Commisssioners Subject: Buckley Mixed Use PUD The undersigned are aU· property owners living on the east side of the subdivision Emerald Lakes. We are concerned about the Buckley Mixed Use PUD because our property either faces or backs up to the mentioned property. The main thing we are concerned about is the height of the buildings on the west side of the Bucldey property that backs up to our homes. The present proposal calls for a height of 45', which probably means a 3-story building. If they are allowed to do that, we would be the only homes in Emerald Lakes impacted by 3-story buildings on adjoining property. Since a precedent has been set, we don't feet that we shoutd be affected any differently than the other homes on the border of our development. On the west side of Emerald Lakes we are bordered by another residential community, The Villages of Monterey. On the north side, where we have two story condos, they are bordered by Marker Lakes, a residential community and a commercial development that has one-story buildings bordering our development. On the east side just north of the Buckley Property we have Brighton Gardens. If you win look at it closely, you will find that the buildings that backup to our property are one-story buildings. Granted we have Areca Palms planted on our property, which buffer us &om the Buckley property but they are 15 years old and starting to thin out and will continue to do so as they get older. An 8' fence is not going to do much to buffer sound &om cars coming and going and the trees would have to be 25' tall and planted in two staggered rows to block out the building. When we bought our properties 15 years ago there was no such thing as mixed use and we àssumed that the Buckley property would be commercial maybe a maximum of 18', with no residential units so there would be no noise of cars coming and going at night. It is for this reason that we ask you to limit the height ofthe buildings that back up to our property to still be 100' away and no more than a single story and buffered by ample landscaping. That would follow a precedent that has already been set by other developers around our residential subdivision Respectfully Homeowners on the east property line of the development Emerald Lakes (Signatures below) - ,. , Name Address 7343 Mill Pond Cir. - 7351 Mill Pond Cir , IE: 7359 Mill Pond Cir S. Sc -R,^1)~ 7367 Mill Pond Cir 7375 Mill Pond Cir 7383 Mill Pond Cir 7391 Mill Pond Cir 7399 Mill Pond Cir 7407 Mill Pond Cir 7415 Mill Pond Cir ;"l tt,'í').:;/.J..-I.~ "',,~~/-: I 7423 Mill Pond Cir .' .-..-......-.-...-------..--..-- -------- /1- Cd ' CMfl-' ~ff? .~ v .Me: Mvll(.J (''-41 Ñ'2 ßt!.tnJ~ - Oc7V/ / ~/-t:"'t" - . 7 431 Mill Pond Cir 7439 Mill Pond Cir 7447 Mill Pond Cir 7455 Mill Pond Cir 7463 Mill Pond Cir 7471 Mill Pond Cir . - '-- 7479 Mill Pond Cir 7487 Mill Pond Cir 7495 Mill Pond Cir 7503 Mill Pond Cir 7550 Mill Stream Dr . 7566 Mill Stream Dr 7582 Mill Stream Dr 7598 Mill Stream Dr 7614 Mill Stream Dr 7630 Mill Stream Dr ... _._._..._---._-~ ORDINANCE NO. 04-_ Agenda Item No. 8C January 25, 2005 Page 85 of 111 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING ORDINANCE NUMBER 2004-41 THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES 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 REAL PROPERTY FROM A RURAL AGRICULTURAL (A) ZONING DISTRICT TO THE MIXED USE PLANNED UNIT DEVELOPMENT (MUPUD) ZONING DISTRICT FOR A PROJECT TO BE KNOWN AS THE BUCKLEY MIXED USE PUD, WHICH IS LOCATED AT 7501 AIRPORT-PULLING ROAD IN THE NORTHWEST QUADRANT OF THE INTERSECTION OF AIRPORT-PULLING ROAD (CR 31) AND ORANGE BLOSSOM DRIVE, IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 22.84± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Ronald Nino, AICP, of Vanasse Daylor, LLP., representing llues M. Buckley, Harry M. Buckley m, Donald E. Buckley, and Tbomas E. Buckley petitioned the Board of County Commissioners to change 1he 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 2, Township 49 South, Range 25 East, Collier County, Florida, is changed from Rural Agricultural (A) to Mixed Use Planned Unit Development (MUPUD) in accordance wi1h 1he Buckley Mixed Use PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Nwnber 2004-41, the Collier County Land Development Code, islare hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with 1he Department of State. PASSED AND DULY ADOPTED by 1he Board of County Commissioners of Collier County, Florida, this _ day of ,2004. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: BY: DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK Approved as to Fonn and Legal Sufficiency MllIjorie M. Student Assistant County Attorney PUDZ-2004-AR-52201FRllo Page 1 of 1 Agenda Item No. BC January 25, 2005 Page 86 of 111 BUCKLEY MIXED USE PLANNED UNIT DEVELOPMENT A REGULATORY DOCUMENT CONTAINING A CONCEPTUAL MASTER PLAN OF LAND USES GOVERNING THE BUCKLEY MIXED USE, A PLANNED UNIT DEVELOPMENT CRAFTED AND DESIGNED AS REQUIRED BY APPLICABLE PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE. PREPARED FOR Land Development Group, LLC. 9130 Corsea del Fontana Way Naples, F1orida, 34109 PREPARED BY VANASSE & DA YLOR, LLP 12730 New Brittany Boulevard, Suite 600 Fort Myers, F10rida 33907 Tel. 239-437-4601, Fax 239-437-4636 E-Mail rnino@vanday.com Date Reviewed By CCPC Date Reviewed By BCC Ordinance Number Amendments and Repeal EXIDBIT "A" G:\GulrentlDeseìem\PUD Rezones\8!JCkley Mixed Use PUD, PUDZ-20()4-AR-5220\PUD dœumlll1ls\PUD Dowment revised 12-00..(;4 w-CCPC & Trans Öanges ciean 'l6rnion.dol') Agenda Item No. 8C January 25, 2005 Page 87 of 111 TABLE OF CONTENTS Page # LIST OF EXHIBITS AND TABLES 2 STATEMENT OF COMPLIANCE 3 SECTION 1 LEGAL DESCRIPTION, PROPERTY OWNERSHIP, 5 AND GENERAL PROJECT DESCRIPTION, SHORT TITLE SECTION 2 PROJECT DEVELOPMENT REQUIREMENTS 8 SECTION 3 MIXED USE LAND USE DISTRICT 13 SECTION 4 DEVELOPMENT COMMITMENTS 19 EXHIBITS EXIDBIT "A " MIXED USE PUD (MUPUD) MASTER PLAN G:\CurrootIDeselem\PUD Razooes\Buckiey Mixed UiIe PUD, PUDZ-2004-AR-522()1PUD dIXumerrts\PUD DIXument revised 12..00..04 w· 2 cCPe & Tmns charrgøs clean VllTsion.dOG Agenda Item No. BC January 25, 2005 Page 88 of 111 STATEMENT OF COMPLIANCE The development of approximately 22.84 acres, more or less, of property in Collier County, as a mixed use Planned Unit Development (PUD) to be hereinafter refeITed to as the Buckley Mixed Use PUD will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan (GMP). All of the land uses and special application of development standards and design guidelines enumerated in the Future Land Use Element (FLUE) relative to the Buckley Mixed-Use Subdistrict shall be in compliance with those stated provisions and in compliance with other applicable elements of the GMP. Compliance with goals, objectives, and policies is achieved in the following manner: Mixed-Use Proiect 1. The subject property is located within the Buckley Mixed-Use Subdistrict. This Subdistrict provides for a specific distribution of land uses and requires a percentage of the allowable residential component to be in place prior to non- residential development reaching a certain threshold The PUD has been crafted to include these provisions and is therefore in compliance with Objective 1, Policy 5.1, and 5.3 specifically of the FLUE. 2. The subject property's location in relation to existing or proposed commwrity facilities and services pennits the development's intensity and density as required by Objective 2, and Policy 5.5 of the FLUE. 3. The project's mixed-use composition is compatible and complimentary to existing and future surrounding land uses as required by Policy 5.4 of the FLUE. 4. Proposed improvements utilizing best land use planning practices are planned to be in compliance with Objective 3 of the FLUE. 5. The project will be connected to the County's utility system (ie., sewer and water) and is therefore consistent with Objective 1.5, Policies 1.5.1 and 1.5.2 of the Sanitary Sewer and Potable Water Sub Elements of the GMP. 6. The project development 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. 7. At the time of development, the project will be consistent with Policy 1. 3 of the Transportation Element. Airport Road is a six-lane facility and is not expected to function below the level of service required to meet concurrency requirements, G:\Cut/'ootIDeselem\PUD Razones\BuckJey Mixed Use PUD, PUDZ-2004·AR-522iJ\PUD dQwmoots\PUD Document revised 12..()6-{J4 w- 3 cCPe & Tmns changes cleim version. doc Agenda Item No. BC January 25, 2005 Page 89 of 111 nevertheless development of the subject land remains subject to concurrency requirements throughout its construction phases. 8. The projected intensity and density of this required mixed-use project IS In compliance with the FLUE based on the following relationships to required criteria: Criteria Maximum Intensity/Density Residential 15 du'slac Retail 3,250 sq.ft.lac. Office 4,250 sq.ft.lac. 15 X 22.84 ac = 343 dwelling units 3,250 sq. ft. X 22.84ac. = 74,230 sq. ft. 4,250 sq.ft X 22.84 ac. = 97,070 sq.ft. Proposed Intensity/Density 251 du's 74,230 sq. ft. 97,070 sq.ft. G:\CurrontlDeselem\PUD Rezones\Buckley Mixed Use PUD, PlIDZ·2004-AR·522tJ\PUO dotuments\PUO Document revised 12·D6-ð4 w- 4 cCPe & Trdf1$ changes clean 'llWsion.(Î()c Agenda Item No. BC January 25, 2005 Page 90 of 111 SECTION 1 PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The pwpose of this section is to set forth the location and ownership of the property and to describe the existing conditions of the property to be developed pursuant to the regulations and other development provisions contained within this PUD Document. 1.2 LEGAL DESCRIPTION North half (Tract 1) That part of the east half of Section 2, Township 49 South, Range 25 East, Collier County, Florida, described as follows: Commencing at the northeast comer of Section 2, Township 49 South, Range 25 East, Collier County, Florida; thence along the east line of said Section 2, south 2° - 13' - 05" east 1589.69 feet; thence north 89° - 59' - 01" west 100.08 feet to the west right of way line of State Road 31 (Pulling Road), and the point of beginning of the parcel herein descnl>ed: Thence along the west right of way line of State Road 31, south 2° - 13' - 05" east 994.53 feet; thence south 89" - 56' - 19" west 500.36 feet; thence north 2°_ 13' - 05" west 995.21 feet; thence south 89° - 59' - 01" east 500.38 feet to the point of beginning. Containing 11.42 acres of land more or less. Together with South half (Tract 2) That part of the east half of section 2, T ownsmp 49 south, Range 25 east, Collier County, Florida, described as follows: Commencing at the northeast corner of Section 2, Township 49 south, Range 25 East, Collier County, Florida: 1) thence along the east line of said Section 2, south 2° - 13' - 05" east 1589.69 feet; 2) thence north 89° - 59' - 01" west 100.08 feet to the west right of way line of State Road 31 (pulling Road), G:\Currentl1jeselem\PUD RelQ118s\ßuckley Mixed Use PUD, PUDl-2004·AR-522O\PUD documenfs\PUD Dowment revised 12..f)fH)4 w- 5 cCPe & Trans changes Glean '6TsÍGruJoc Agenda Item No. BC January 25, 2005 Page 91 of 111 3) thence along the west right of way of State Road 31 south 2° - 13' - 05" east 994.53 feet; to the point of beginning of the parcel of land herein described; 4) thence continue along the west right of way line of State Road 31, south 02°- 13' - OS" east 994.52 feet; 5) thence south 89° - 50' - 40" west 500.33 feet; 6) thence north 2° - 13' - 05" east 995.20; 7) thence south 89° - 59' - 01" east 500.38 feet to the point of beginning. Containing 11.42 acres of land more or less. 1.3 PROPERTY OWNERSIDP The subject property is clUTently under the ownership of Buckley Enterprises. Through this common ownership of the subject land, a unified and integrated plan of development has been designed to achieve the development criteria set forth by the Buckley Mixed-Use Subdistrict. 1.4 GENERAL DESCRIPTION OF SUBJECT PROPERTY A. The property is located on the west side of Airport-Pulling Road (CR 31) in Naples, Collier County, Florida immediately north of the Collier County Regional Library Center located on the northwest comer of Airport-Pulling Road and Orange Blossom Road. The property is rectangular in shape with a frontage of 1,99o± feet on Airport Road and a depth of50o± feet. B. The zoning classification of the subject property prior to the date of this approved PUD Document was Rural Agricultural. 1.5 PHYSICAL DESCRIPTION Elevations within the project site range from 11.4 to 12.6 feet above mean sea level. Most of the site is more than 12 feet above MSL. The entire site is in Flood Zone X according to the Finn Map panel 120067-0385D. The vast. majority of the site is designated FLUCCS Codes 241 (Tree Nursery) or 243 (Ornamentals Nursery). A small body of water, fonnerly a borrow area, is located in the northeast portion of the northeast parcel. 1.6 PROJECT DESCRIPTION The Buckley Mixed Use PUD shall consist of a mixed-use development of commercial (retail, service and offices) and residential uses with design and use limitations required by the Buckley Mixed-Use Subdistrict from the FLUE of the Collier County GMP. G:\ClJrrnnt\Døseìem'PUD Rezones\BllCkley Mixed US(; PUD, PUDZ·2iX14·AR·522O\PUD documents\PUD Document revised 12..{(H)4 w- 6 cCPe & T/7iIflS changes clean 'lfifsion.doo Agenda Item No. BC January 25, 2005 Page 92 of 111 SHORT TITLE This Ordinance shall be known and cited as the "Buckley Mixed Use Planned Unit Development Ordinance" G:\CwrontlDeselem!.PUD Rezones\8uckley Mixiid Use PUD, PUDZ-2004-AR-522fJ\PUD doi;umenls\PUD Document revised 12~4 w- 7 cCPe & Trnns ç}¡,lf1g1!S clean version. doc Agenda Item No. BC January 25, 2005 Page 93 of 111 SECTION 2 PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally descn'be the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations for development for the Buckley Mixed Use PUD shall be in accordance with the contents of this Document, PUD-Planned Unit Development District, and other applicable sections and parts of the Collier County Land Development Code (LDC), or its successor, and GMP in effect at the time of a building pennit application. Where these regulations fail to provide developmental standards then the provisions of the most similar district in the County LDC shall apply. In every instance within this POO where the LDC is cited or referenced, it shall mean the Collier County Code of Laws and Ordinances, the Collier County LDC, and any amendments thereto, or successor document or regulations. B. Unless otherwise noted, the definitions of all tenns shall be the same as the definitions set forth in Collier County LDC in effect at the time of building pennit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the Buckley Mixed Use PUD shall become part of the regulations that govern the manner in which the POO site may be developed. D. Unless modified, waived, or accepted by this PUD, the provisions of other portions of the· LDC, where applicable, remain in full force and effect with respect to the development of the land, which comprises this POO. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of LDC Section 6.02.00, Adequate Public Facilities, upon application for approval of any subsequent development order. 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan, including schematic layout of automobile and pedestrian access ways and land uses by various tracts, is illustrated G:\CummtID¡¡setem\PUD RezoneslBuckley Mixed Use pun, PUDZ·2004·AR·522O\PUD dl.lCuments\PUD Document revised 12·()6.(;4 w- 8 cePe 11 Trans changes clean 'I&'sion.doc Agenda Item No. BC January 25, 2005 Page 94 of 111 graphically by Exhibit "A," PUD Master Development Plan. Representations of building footprints and access ways are intended to illustrate a clustering concept and are in keeping with the development criteria contained in the Buckley Mixed-Use Subdistrict. 2.4 DESCRIPTION OF PROJECT DENSITY AND INTENSITY OF LAND USE A mixed-use development including a residential component and mixed commercial uses are design components of the PUD and Master Plan as required by provisions of the Buckley Mixed-Use Subdistrict of the FLUE to the GMP. Up to 251 residential dwelling units may be constructed above the first floor of commercial buildings or in freestanding buildings (as limited by the note on the Master Plan for any units above 204). A maximum of 74,230 square feet of mixed retail and service uses and up to 97,070 square feet of medical and/or general office space as described in Section 3.3 of this Docwnent will occupy the site generally as depicted on Exhibit "A" of the PUD Master Plan. Development intensity of the entire project must not exceed a Floor Area Ratio of 0.518. The developer must provide calculations for all development applications, such as Site Development Plan, Site Development Plan Amendments, or Site Development Plan Insubstantial change applications, or their successor provisions, to demonstrate compliance with this requirement. Design elements include a common architectural theme and a pedestrian friendly clustered design. Sidewalks and access drives will extend to the boundaries of the Buckley Mixed Use Subdistrict to interconnect with the Collier County Public Library to the south and if possible, to the Brighton Gardens ALF facility to the north, notwithstanding the fact that a sidewalk exists along Airport Road that does allow pedestrian access to project retail and office uses. The developer must coordinate with the Emerald Lakes HomeownerlProperty Owners' Association and provide a pedestrian access to that development if such access is deemed appropriate and desired by the Emerald Lakes HomeownerlProperty Owners' Association. 2.5 RELATED PROJECT APPROVAL REOUIREMENTS A. Prior to the recording of a record plat, and/or condominium plat for all or part of the POO, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the POO Master Plan, the Collier County Subdivision Code and the platting laws of the State of Florida. B. Exhibit "A," POO Master Plan, constitutes the required PUD development plan. Subsequent to, or concurrent with, POO approva~ a preliminary subdivision plat, if applicable, shall be submitted for the entire area covered by the POO Master Plan. Any division of property and the development of the land shall be in compliance with the Collier County LDC and the platting laws of the State of Florida. G:\CuTroI1t\ûeselem'PUD RøzoneslBuckley Mixed Use PUD, PI.IDZ-2004-AR·5220\PUD documents\PUD Document revised 12-()6.{)4 w- 9 cePe & TrnM changes Glean versil)n.doc Agenda Item No. 8C January 25, 2005 Page 95 of 111 C. The Collier County LDC 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 pennit or other development order. D. The development of any tract or parcel approved for residential development in the fonn of fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a preliminary subdivision plat in conformance with requirements of the Collier County LDC prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. E. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and method for providing perpetual maintenance of common facilities. 2.6 MODEL SALES FACILITIES A maximum ofthree residential Model units and a development sales office shaH be permitted in conjunction with the marketing of retail and/or service and/or office spaces and dwelling units within this project only. Model spaces used for marketing dwelling units or commercial space shall continue until 95 percent of project dwelling units or commercial space is sold, but not to exceed three years. Thereafter, continuance of such model spaces shall be subject to the receipt of a conditional use approval. 2.7 AMENDMENTS TO PUD DOCUMENT OR MASTER PLAN Amendments may be made to the PUD as provided in Section 10.02.13 .E.of the Collier County LOC. 2.8 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE Whenever the developer elects- to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within said development in which the common interest is located, that developer entity shall provide appropriate legal instruments for the establishment of a property owner or condominium association or otherwise establish a Community Development District (CDD). The functions of the Association or CDD shall include provisions for the perpetual care and maintenance of all common facilities and open space, subject further to the provisions of the Collier County LOC. G:\CummtIDesslem\PUD Rezones\Buckl<Jy Mixed Use PUD, PlIDZ·2004-AR-522ffiPUD dooumenís\PUD Document revised 12·()6-04 w- 10 CCPC & Trans changes clean V61'$ion.doo Agenda Item No. BC January 25, 2005 Page 96 of 111 2.9 OPEN SPACE REQUIREMENTS Mixed use projects are required to provide 30 percent of the land area as open space. The Buckley Mixed Use PUD Master Plan design provides 30 percent or more of its land area as open space as listed in the "Summary of Land use Table" on the PUD Master Plan, Exhibit "A". 2.10 NATIVE VEGETATION RETENTION A native vegetation survey of the property shows that the entire property is devoted to nursery plants and associated support buildings and no area of native vegetation exists except for sporadic small clumps of wild vegetation that occur at some point on the boundary of the property and may straddle property lines. Some native vegetation, too small to represent a mapped significance, is located on the property and is less than 1 percent of the PUD area. It consists of mostly undesirable weedy species such as torpedo grass. Suffice to indicate that for all practical purposes the intent of Section 3.05.07 of the LDC does not apply to the subject property. 2.11 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stock piling in preparation of water management facilities, or to prepare the site for construction activities, is hereby pennitted. If after consideration of fill activities on those buildable portions of the project site there is a surplus of earthen material, then its off-site disposal is also hereby pennitted subject to the following conditions: A. Excavation activities shall comply with the definition of a "development excavation" pursuant to Collier County Code of Laws and Ordinances, Section 22-106 through 22-119 whereby off-site removal shall be limited to 10 percent of the total up to a maximum of 20,000 cubic yards. B. All other provisions of said Collier County Code of Laws and Ordinances, Section 22-106 through 22-119 are applicable. 2.12 GENERALLY PERMITTED USES Certain uses shall be considered general pennitted uses throughout the Buckley Mixed Use PUD. Generally permitted uses are those uses that apply throughout all of the lands and are typically part of the common infrastructure inclusive of landscape functions or community services. A. General Pennitted Uses: 1. Essential services, pursuant to Sections 2.01.03 and 2.04.03 of the LDC. 2. Water management facilities and related structures. G:\Current\Deselem\PUD RezolWs\BiJcklev Mixed Use pun, PUOZ·2004-AR-522i)\PUD d<J{;umenfs\PUD Dxumeot revised 12-Ol.K14 w- 1 ] cePe 8. Tr"3flS ¡¡hanges clean \'erslon.doc Agenda Item No. 8C January 25, 2005 Page 97 of 111 3. Lakes including lakes with bulkheads or other architectural or structural bank treatment, in compliance with the LDC. No deviations have been granted for lake design. 4. Temporary construction, sales, and administrative offices for the developer and developer's authorized contractors and consultants, subject to the issuance of a temporary pennit pursuant to Chapter 5 of the LDC. 5. Landscape features including, but not limited to, landscape buffers, benns, fences, and walls. Walls or fences shall be erected when non-residential uses are contiguous to or opposite a residentially zoned district as required by Section 5.03.02.E of the LOC. 6. Any other use, which is comparable in nature with the foregoing, uses, consistent with the permitted uses and pwpose and intent statement of this PUD, as determined by the Zoning Director. G:\CulT9fJtIDeselem\PUD RezonestBuckley Mixed USIiI PUD, PlIDZ-21)()4-AR-522O\PUD dœumlNlts\PUD Document rovised 12-00-04 w- 12 cCPe & Trans chaf1gØs cJeilfJ v¡¡rs;()I1.doo Agenda Item No. BC January 25, 2005 Page 98 of 111 SECTION 3 MIXED USE LAND USE DISTRICT 3.1 PURPOSE AND INTENT The pwpose and intent of this section is to set forth the uses and development regulations for a mixed-use development consisting of retail, service, office, and residential uses. A portion of the residential uses shall be located on upper floors of commercial buildings. Buildings that singularly contain residential dwelling units shall be allowed. The Master Site Development Plan shall be designed to ensure the harmonious placement of all of the uses in a manner that achieves a unified and integrated land use system, and one that incorporates a unifonn architectural theme enhanced by compHmentary landscape improvements, both soft and hard. To the greatest extent possible, the design is intended to create a village-Hke environment, reflecting on historic mixed-use neighborhoods that provide the opportunity for project residents to be employed within the same environment as they live. This also affords project residents with ready access to commercial activities, that meet their daily living requirements and thus have the least impact on the areas transportation system. Commercial uses for the pwpose of this section are limited to those allowed in the C-1, C-2 and C-3 Zoning Districts of the LDC in effect as of the date of adoption of this PUD. 3.2 MAXIMUM DENSITY AND INTENSITY OF DEVELOPMENT Residential Component-- The maximum number of dwelling unit is 251 based on a density of 11 dwelling units per acre. A minimum of 40 percent of the allowable aggregate commercial floor space shall be contained in buildings that include some number (undefined) of dwelling units. If the total number of dwelling units exceeds 204 units, the parking spaces provided must be increased above what is depicted on the Summary of Automobile Parking Spaces table shown on the Master Plan. A reduction in overall project development intensity may theJ;efore be required, to accommodate the project's parking space needs. Commercial Component--A maximum of 74,230 square feet of mixed commercial uses including both retail and services uses, and a maximum of 97,070 square feet of office uses, both medical and general shall be permitted in accordance with the list of pennitted uses identified in this Document. 3.3 USES PERMITTED No building or structure or part thereof, shall be erected or used, or land used, in whole or in part, for other than the following: G:\Cu!r9l1tli)eSi#em'PUD RelOO8s\Buckley Mixed Use PUD. PUDZ-2004-AR-522fJ\PUD dœuml.!fJts\PUD Document rovísed 12-00-04 w- 13 cCPe & Trans chang,,;; clean 'fJfsion.dœ Agenda Item No. 8C January 25, 2005 Page 99 of 111 A. Principal Uses: 1. Multi-family dwellings units above commercial uses or in stand-alone buildings. 2. Unless otherwise provided for in this Section, all permitted and conditional uses of the following districts: a. C-1, commercial professional and general office District in effect as of the date of adoption of this PUD Ordinance except homeless shelters and soup kitchens b. C-2, commercial convenience District, in effect as of the date of adoption of this PUD Ordinance except gasoline service stations (SIC 5541), homeless shelters and soup kitchen. c. C-3, commercial intermediate District, in effect as of the adoption of this PUD Ordinance except marinas (SIC 4493), automotive services (SIC 7549), homeless shelters, hospitals (SIC groups 8062-8069), and soup kitchens. B. Accessory Uses: 1. Parking lots to accommodate on-site uses only. 2. Project signage pursuant to Division 5.06.00 of the LDC. 3. Essential services, pursuant to Sections 2.01.03 and 2.04.03 of the LDC. 4. Kiosks as part of streetscape and landscape plans which may be used for retail purposes or provide site related services within the square footage allowance for retail purposes and otherwise subject to integrated parking requirements for all commercial space, however if a kiosk is located in a buffer or landscape area, the developer must provide an equivalent increase in planting area within the area to offset that kiosk. 5. Temporary events on common elements, such as the band shell/stage, are subject to temporary use permit procedures. 6. Water management facilities. 7. Model homes and model units, and project development sales faci1ity to serve this project only. 8. Residential recreation facilities, such as swimming pools; bocce-, shuffleboard-, and lawn bowling courts, limited to use of residents and their guests. 9. Clock tower, band shell/stage, water fountain, street sculpture, and street furniture, however if a feature is located in a landscape or buffer area, the G:ICumJlltlD¡¡selemIPUD Rezonss\Buckl6y Mixed Use pun, PUDZ·20()4·AR-5220\PUD cfOCl1ments\PIJD Document revised 12-06-tJ4 w- 14 cCPe 8. Tmns changes cleen versÌQnrJoc Agenda Item No. BC January 25, 2005 Page 100 of 111 developer must provide an equivalent increase in planting area within the buffer area to offset that feature. All features must be sized to accommodate residents and their guests only. 10. Use of the band shell/stage shall be limited to the hours of 12 p.m. to 9 p.m. 3.4 DEVELOPMENT STANDARDS FOR PRINCIPAL AND ACCESSORY USES A. PUD Perimeter Boundary and Road Minimum Setback Requirements 1. From Airport-Pulling Road-------------------------- Twenty (20) feet 2. From South Boundary (Library)--------------------- Twenty (20) feet 3. From the West Boundary (Emerald Lakes)--------One Hundred (100) feet 4. From North Boundary (Brighton Gardens ALF)--Twenty (20) feet 5. Space Between Buildings---------------------------- Twenty (20) feet B. Building Height Maximum building height shall be three floors with a maximum of 45 feet. Under story parking, if utilized, shall count as one floor. C. Lot Coverage The maximum lot coverage by all buildings shall not exceed 35 percent D. Maximum Density The maximum density of residential dwelling units is 11 dwelling units per acre. E. Off-Street Parking and Loading 1. Off-street parking and loading requirements shall be provided in accordance with Division 4.05.00 of the LDC, in effect at the time of adoption of this PUD Ordinance. Cross-access easements or shared parking commitments will be required if separately owned tracts are established, so that all parking facilities serve as common facilities to both commercial and residential development. 2. Residential parking requirements shall be computed based on 1.5 parking spaces for each dwelling unit. F. Landscape Buffers 1. AitpOrt-Pu1ling Road-- Twenty (20) feet, Type D Buffer. G:\Cwr¡¡nt\1')ø1ielem\PUD Rezooes\Buckley Mixed Use PUD, PUDZ-2tY'v4-AR-522ffPUD documenls\PUD Document revised 12-0&-04 w- 15 cCPe 11 Trans changes claim version. doc Agenda Item No. BC January 25, 2005 Page 101 of 111 2. All other perimeter boundary lines shall have a twenty (20) foot wide Type C Buffer, except that the west Jandscape buffer adjacent to the Emerald Lakes development shall contain a finished masonry wall and benn, or combination thereof, at least 8 feet in height and vegetation that provides 80 percent opacity within one (1) year of installation of any site related buildings. This screening improvement is further illustrated on the Master PJan. 5. A six (6) foot finished masonry wall shall be constructed at the northwest comer for a distance of 80 feet along the north limit within the north landscape buffer. 4. Buffer Deviation: Deviation ftom LDC Section UDC 4.06 for internal buffers which requires a ten-foot wide type D buffer to be placed adjacent to all internal roadways (driveways), to allow an equivalent amount of landscaped area and planting materials to be massed and provided as open space and green areas throughout the site. The extent of this deviation shall be detennined at the time of SDP application in the manner required by Collier County. Approval of this deviation is subject to further review and comment during the development order process (SDP); at which time the developer must provide evidence acceptable to Collier County to show that the alternatives proposed meet or exceed the requirements of the LDC to a degree at least equivalent to the literal application of such regulations (LDC Section 10.02.13.B.5.h.) 5. Landscape buffering for this project must be in compliance with the plan entitled, "Buckley Parcel, West Buffer Conceptual Landscape Plan - (Zoning) Phase," Sheet 1 of 1, dated November 15, 2004, except for that area between Buildings D-6/D-7 and the lake to the north of Buildings F- 1/F-2, for which the plan entitled, "Buckley Parcel - Master Plan," last revised November 17, 2004 will be the governing site plan. G. Advertising and Project Signs 1. All advertising and project signs shall be subject to the requirements of Division 5.06.00 of the LDC. 2. All site related signage shall be of a unifonn design, color, and material. H. Garbage Dumpsters No garbage dumpster shall be located within 60 feet of the common boundary line with the Emerald Lakes development and the Brighton Gardens ALF facility. G:\CœT!JntIDeselem\PUD Razones'&ickíey Mixad Use PUD, PUDZ"2004·AR-522mpVD documents\PUD Document revised 12..c6-04 w- 16 cCPe 2; Trans changøs clean '!#"síoo.dœ Agenda Item No. BC January 25,2005 Page 102 of 111 I. Additional Design Requirements 1. A unified architectural theme will govern the development of all buildings, and all four sides of each building must comply with the architectural standards of the LOC. 2. No more than 25 percent of the total built square footage wìll be devoted to single story buildings. 3. Primary entrances to all retail and commercial uses shall be designed for access from the interior of the site. Buildings ftonting on AitpOrt Road shall provide secondary accesses facing the street. 4. All four sides of each building shall reflect a common architectural theme. 5. A residential component equal to at least 25 percent of the GMP's allowable maximum density (ie., 343 units x 25% ,,;. 86 dwelling units) shall be constructed before completion of an aggregate total of 40,000 square feet of retail or office uses is completed. Site Development Plans for the initial phase(s) of development shall include a residential component based upon a ratio of eleven (11) dwelling units for each 5,000 square feet of gross commercial floor area, rounded to the nearest 5,000 square feet, until 86 dwelling units are constructed; thereafter, no residential component is required for approval of commercial floor area. At no time can any of these residential units be converted to a non-residential use without first constructing this same minimum number of dwellìng units elsewhere in the PUD, unless a GMP amendment allowing such change is approved and becomes effective. 6. All buildings shall be interconnected with pedestrian walkways. 7. No building footprint shall exceed 15,000 square feet. Common stairs, breezeways, or elevators may join individual buildings. 8. Drive-through establishments shall be limited to banks with no more than three drive-through lanes; the drive-through lanes shall be architecturally integrated into the main building. 9. Parking areas shall be screened from AiIport-Pulling Road and from any properties adjacent to this development. 10. For any accessory structure without specific requirements within this PUD document, the accessory standards in LDC Section 4.02.03 shall apply. 11. Balconies on the west façade of buildings A-2, C-I through C-5 and E-I through C- 7, and F - 2 are prohibited. G:\CuI1"ool\iJeselem'PUD Relones\Buck!<iyMixed Use PUD, PUDZ-2004-AR-522a\PUD doouments\PUD Document revised 12-06-04 "'- 17 cCPe & Trons chanç;.es c!e-3n versÎ(¡¡¡.doc Agenda Item No. BC January 25, 2005 Page 1 Cl3 of 111 Summary of Setbacks, Space Between Buildings, Building Height, and Lot Coverage Lot Area Cover e All Uses 20 feet 20 feet 100 feet 20 feet 3 stories 45 feet zoning height and actual hei ht of 55 feet 35 ercent G:\Gurr',}ntlfJeselem\PUD Rezones\Buckley Mixed Use PUD, PUDZ·2004,AR·522O'PUD documents\PUD Dacument revised 12..{)í}.{)4 w- 18 cCPe & Trans chang9s ciean version.doc Agenda Item No. 8C January 25, 2005 Page 104 of 111 SECTION 4 DEVELOPMENT COMMITMENTS 4.1 PURPOSE The purpose of this Section is to set forth the development commitments for the project. 4.2 GENERAL All facilities shall be constructed in strict accordance with final site development plans, final subdivision plans and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the LDC Chapters 1 and 10 shall apply to this project even if the land within the PUD is not to be platted The developer, its successor and assigns, shall be responsible for the commitments outlined in this Document. The developer, its 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, the developer and any successor or assignee in title is bounded commitments within this Docwnent. 4.3 PUD MASTER PLAN A. Exhibit A, a two sheet set of plans, entitled, "Buckley Parcel -- PUD Master Concept Plan," sheet 1 of 1, last revised November 17, 2004, and "Buckley Parcel - West Buffer Conceptual Landscape Plan-{Zoning) Phase", dated November 15, 2004, illustrate the proposed development and is conceptual in nature. Proposed tract, lot or 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 1O.02.13.E of the LDC amendments may be made ITom time to time. B. An necessary easements, dedications, or other instruments shan be granted to insure the continued operation and maintenance of all service utilities and an common areas in the project. C. Insubstantial changes to this PUD, as described in LDC Section 1O.02.03.E., and to further include reductions from what is depicted on the Master Plan identified above in perimeter setbacks along Airport-Pulling Road, must be reviewed and approved by the Collier County Planning Commission. G:\CurrootlDeselemipUD ReZDl1S$\Bookley Mixed Us.e pun, PUDl-2604-AR-522ff\PUD d-'uc!lments\PUD Document revised 12·(J6.&4 w- 19 cCPe & Trans changes clean \¡ersion.dDG Agenda Item No. BC January 25, 2005 Page 105 of 111 I 4.4 SCHEDULE OF DEVELOPMENTIMONITORING REPORT AND SUNSET PROVISIONS The PUD shall be subject to the Sunset Provisions of Subsection 1 0.02.13.D of the Collier County LOC. An annual monitoring report shall be submitted pursuant to Section 10.02.13.F of the Collier County LDC. The monitoring report shall be accompanied by an affidavit stating that representations contained therein are true and correct. 4.5 SUBSTITUTION TO DESIGN ST ANDARDS FOR SUBDIVISION REGULATIONS The Master Plan for the Buckley Mixed Use PUD is intended to achieve the goal of establishing a harmonious integration of residential and commercial development. This is to be achieved, largely through a common architectural theme but just as importantly, a spatial configuration that demands interaction between all of the uses. The interaction is partly achieved by a strong pedestrian linkage system, and vehicular circulation plan. All requirements, relative to the design, and inrrastructure improvements, remain applicable as provided by the LDC, with the exception that the surface of vehicular access ways may be constructed of brick pavers or other decorative material, and access way cross sections may differ from those required in the LDC and the Construction Standards Manual, so long as construction standards and materials employed are approved by the Engineering Review Services Department. Where the nature of development within the PUD provides for development standards which may be different from those required by the County's LDC, this section shall identify the development standards unique to this PUD, limited to: street right-of-way, pavement width, sidewalks, and other infrastructure requirements of the LDC and the Construction Standards Manual. The subdivision improvement standard substitutions are as follows: A. The Construction Standards Manual, Street Right-of Way Width--With the exception of a signature entryway with throat distance as required by Collier County, rights-of-way for platted streets may be forty (40) feet in width. B. The Construction Standards Manual, Intersection Radii--Street intersections shall be provided with a minimum of a twenty (20) foot radius (face of curb) for all project streets and a thirty-five (35) foot radius for intersection at entryway. C. The Construction Standards Manual, Reverse Curves-- Tangents shall not be required between reverse curves on any project street D. Section 6.06.02 of the LDC, Sidewalks--Sidewalks may vary rrom the literal application of requirements of this Subsection, recognizing the fact that a traditional platted streets system is inconsistent with the integrated and G:\Currentl!)eselem\}>UD Razones\Buckfey Mixed U¡¡e PUD, PUDZ-20Q4..AR-5220\PUD documen!s\PUD Document revised 12-00{]4 w- 20 cCPe & Trans ch¡¡ng&s clean version. doc Agenda Item No. BC January 25, 2005 Page 106 of 111 clustered nature of the planned mixed uses. Nevertheless, all land uses will be interconnected with a pedestrian walkway with a width of five feet that may be independent of any street right-of-way. As part of SDP approval for any substitution, the developer must submit each request for a substitution in writing to Community Development & Environmental Services, and he must provide clear and convincing documentation and citations to professional engineering studies, reports or other generally accepted professional engineering sources to substantiate the substitutions and he must show that the substitution is based on generally accepted, sound and safe, professional engineering principles and practices. Furthennore, no reductions from fire code requirements are approved. (Based upon LDC Section 10.02.04.3). 4.6 TRANSPORTATION The development of the land within this PUD shall be subject to and governed by the following conditions: 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 LOC. B. Arterial level street lighting shall be provided at all access points. Access lighting shall be in place prior to the issuance of the first certificate of occupancy (CO). C. Site-related improvements necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance ofthe first CO. D. Road impact fees shall be paid in accordance with Collier· County Ordinance 01-13, as amended, and Chapter 6 of the LDC. 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 G:\Cl.II1'OOtIDeselem\PUD Rezcnes\Buckley Mixed Use PUD, PUDZ·2Ct04·AR·522O'\PUD documents\PUD Document revised 12-{)6..G4 w" 21 cCPe & Trans changes clean version. doc Agenda Item No. 8C January 25, 2005 Page 107 of 111 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 shall 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 fur damages against the County by the developer, its successor in title, or assignee. H. All internal roads, driveways, alleys, sidewalks, and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer. Collier Country shall have no responsibility for maintenance of any such facilities. 1. If any required turn lane improvement requires the use of an 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. A southbound right turn lane at the primary access point and at the southerly entrance shall be required. 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 detennined 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 its 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. The developer, by Collier County Planning Commission direction, is encouraged to investigate the provision of a traffic signal at the project's main access point at the point that aligns with Lakeside of Naples at Citrus Gardens, the residential project located across Airport-Pulling Road. M. The northerly most access point shall be limited to right-in only. N. The developer shall, in cooperation with Transportation Planning staff, seek an interconnection fur this project to Orange Blossom Drive, unless the interconnection is deemed by infeasible in a joint decision by the developer and the county. G:\GUI'T9ntIDesetemIPUD Rezones\Buckley Mixed Use PUD. PUDZ·20(¡4·AR-522fJ\PUD oocumen!slf'UD Document revised 12..{)6..{)4 w- 22 cOPC & Trans ohanges clean \l6fskm.dœ Agenda Item No. 8C January 25, 2005 Page~108 of 111 4.7 ENVIRONMENT AI.. The development of the land within this PUD shall be subject to and governed by the following conditions: A. All provisions of the Environmental Sections of the Collier County OMP, Conservation and Coastal Management Element, and the LDC in effect at the time of final development order approval shall apply. B. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas shall be submitted prior to fmal plan/construction plan approval. A schedule for exotic removal within all preservation areas shall be submitted with the above plan. C. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Pennit Rules and shall be subject to review and approval by Environmental Services Staff. D. Removal of exotic vegetation shall not be counted towards rrritigation for impacts to Collier County jurisdictional wetlands. E. All approved agency (SFFWMD, ACOE, FFWCC) pennits shall be submitted prior to final plat/construction plan approval. 4.8 WATER MANAGEMENT The development of the land within this PUD shall be subject to and governed by the following condition: Detailed paving, grading and site drainage plans shall be subrrritted to Engineering Review Services for review and approval. No construction pennits shall be issued unless and until the Planning Services Staff grants approval of the proposed construction in accordance with the approved plans. 4.9 UTILITIES The development of the land within this PUD 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 Number 01-57, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage col1ection facilities shan be considered to be customers of the County, and shall be billed by the County in accordance with the County's established rates. G:\Cw79ntIDeselem\PUD Rszones\Bückfev Mixed Use PUD, PUDZ ·2004-AR-522(f;PUD cfrxuments\PUD Document revised 12-06-04 w- 23 cCPC 8, Trims changes clean version. dOo' Agenda Item No. 8C January 25, 2005 Page 109 of 111 4.10 COMMUNITY FACILITIES The development of the land within this PUD shall be subject to community facility improvements under the following condition: Recreational and/or leisure space improvements shall be constructed in the common spaces which will be used by project residents and the general public visiting the various business activities on the property, or otherwise attending a special event. 4.11 POLLING PLACES Pursuant to Section 2.01.04 of the LDC, provisions shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. An agreement shall be recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such common areas, including, but not limited to, condominium associations, homeowners associations, or tenants associations. This agreement shall provide for said community recreation/public building/public room or similar common facility to be used for a polling place if detennined to be necessary by the Supervisor of Elections. G:\Cummt\Deselem\PUD RezoneslBuckl;¡y Mixer! Use PUD, PUDZ·2004·AR-522fJlPUD dQCuments\PUD Document rev/111M 12.{J6-{¡4 w- 24 CGPC & Trans ch3J1f/Øs clean version. doc G:\pfOects\806\B0685\8OS85-cp05.dwg, 11f1Bf2004 04.36:00 PM ¡ I'll 111'1 i~it .1 !1 11t J-WI 11. 1¡1. f¡'1 i'lij Iii :}¡!¡ õl; i¡;¡.i !{I !¡'I'¡i I¡¡ 'r' II' ¡¡Iii ~I j.1r- .¡ ¡I". 1 1'. ¡it Ii! µl! hi I hi if rf Ii . . Ii 'Ii. ! i " i " ii !'! ii " I I ¡:~ @ l Agenda Item No. BC January 25, 2005 Page 110 of 111 ¡ II I I flf: · , r · ! ,;;1 I J ;1 .i ~ ~: I, Ii i ¡ ! ¡~ J~ t! fi ¡ .l~ , " ¡Ii:' !& ~Ii¡ \ H. f~ )0 IJ' ! ~:~ ~ -, " , illÎ f- II! I', I U l' f- - ! !Ii In It tî I Ifi 1!'11 . I I¡I, d! H! Jf! If . 1'1 ¡m¡ ¡ f . rf¡ !~. ; .. . " ¡ II' , ~~ I¡!!' tE ~ ~l ! i';! 's tI oJ ~ ~~;J ~~; ~ ~j . I I: l \ i ¡¡fllq! II î I If f Q ¡ , J ¡ ¡ I ; ¡ Ii ¡ ¡ ¡ ~ · 1 g! !I Vanasse - -- 1""~ -- - o. .. M - !!. -..- --- JE.D. SOUTHWEST FLORIDA, INC. - -- 04-17-04' "'. ROTSfD "Ðt Cou.ffH COUWY !;lffOClENCr . ~~;::;~- F\JW -..-.. . ... ~{J "CII COUl(l<' ClJUWTY S/JFnoo!/Cr Daylor 9130 Corseo de' rootana It'Gy ...- -.. , n-17-04 ~ n ~ HopIt5, FIottdo J.I09 -.. -.. ~~ .-- -- - ¡--80 I ~ IJucIu.y POltBI ~ctÎlm 02. TOlffl3hip 495. Ronge 25E -- M' JC-2J-QJ --I - - IO-':-1U ,...""'Cooœøt_·~A Collier- County. FIoridc ~ "" IIO-1.I-IU G:\pro¡ects\806\B06SS\Landscape\80685-1a-exhibit01_dwg, 11/1812004 04:30-03 PM '" O~ ~ ~ ~ t . t. 8 @ III ~I! t'l I ¡ _1......:- - ··~....u...........~ "............~...".."....""'...='= ..11·, -I 0·· ~Jd........... J.r~......*.,....*"" ~! j. (¡ ~ "\ ~~.~. . ¿'_·"~""*..mr jl ~I! 'wi 1 ¡ Agenda Item No. 8C January 25, 2005 Page 111 of 111 I iì}O 0 ®> f . ~ 11 r- 1> z - r- Im I§ Ie·......"', -. ~ I f í " ! r ~ ~ - - -- I,,, - g¡ ~I Vanasse - ='":':1_ JE.D. SOUTHWEST flORIDA. INC. - --- it Il}M -"-" " . Daylor (;,;I~I 91JO Corseo del F(ItØ1N7 Way ,,--_.. ---- -..--.. :... .1 - ........"'" NopIes, Florida JU09 --¡.. ,--- "-- .. i .-- -- - ," M' *- -, "~I~-G' Bucldty P.,.., Secfior! Q2, Township "95. Rongll' 25£ I -'... I '~I~-ðf ..... - __~~PJan·(l.,.q¡_ CcMJiw County, FIoridG - ... "-I~~D' Agenda Item No. SO January 25, 2005 Page 1 of 114 EXECUTIVE SUMMARY Public Hearing for the 2004 Cycle of Growth Management Plan Amendments. (Trønsminal Hearing) OBJECTIVE: For the Board of County Commissioners to review the 2004 cycle of amendments to the Collier County Growth Management Plan and consider approving said amendments for transmittal to the Florida Department of Community Affairs. CONSIDERATIONS: · Chapter 163, F.S., provides for an amendment process for a local government's adopted Growth Management Plan. · The 2004 cycle of amendments consists of five private sector petitions (the County is jointly involved with one of these, the TDR bonus amendment) and one County-initiated petition. · The Collier County Planning Commission (CCPC), sitting as the "local planning agency" under Chapter 163.3174, F.S., held their Transmittal hearing for these petitions on January 6, 2005. · This Transmittal hearing considers amendments to the following Elements ofthe Plan: o Future Land Use Element (FLUE) and Future Land Use Map and Map Series o Golden Gate Area Master Plan (GGAMP) text and Future Land Use Map Series o Capital Improvement Element (CIE) o Potable Water Sub-Element of the Public Facilities Element o Sanitary Sewer Sub-Element of the Public Facilities Element Note: All support materials are not included - the application packages for the five private sector petitions are too voluminous to fit in the Novus system. However, the complete package of support information is included in separate notebooks provided to the Board of County Commissioners and available for review in the Comprehensive Planning Depar1m.ent office. FISCAL IMPACT: There are no fiscal impacts to Collier County as a result of these amendments since fmal action is not being taken at this time (these amendments are not being considered for adoption at this hearing). If approved for transmittal, these amendments will subsequently be considered for adoption at hearings to be held later in 2005. One amendment will necessitate use of existing staff resources (and possibly, consultants under existing contract) to initiate related, implementing amendments to the Land Development Code. LEGAL CONSIDERATIONS: Agenda Item No. 8D January 25, 2005 Page 2 of 114 These Growth Management Plan amendments are authorized by, and subject to the procedures established in, Chapter 163, Part II, Florida Statutes, The Local Government Comprehensive Planning and Land Development Regulation Act, and by local Resolution #97-431, as amended. GROWTH MANAGEMENT IMPACT: Approval of these amendments by the Board of County Commissioners for Transmittal to the Florida Department of Community Affairs will commence the Department's sixty-day (60) review process and ultimately return these amendments to the Planning Commission and the Board of County Commissioners for final Adoption hearings to be held later in 2005. ENVIRONMENTAL ISSUES: For some of the private sector petitions, listed plant or animal species have been observed or are known to be on site, and some of the sites are known to contain jurisdictional wetlands. As part of the process of obtaining subsequent development orders, the sites will be subject to all applicable local, state and federal environmental protection regulations. mSTORICAL/ARCHAEOLOGICAL IMPACT: None of these amendments to the Growth Management Plan contain lands identified on the County's Historical/Archeological Probability Maps as being in areas of historical or archaeological probability. However, correspondence received from the State Division of Historical Resources indicates that the site of petition CP-2004-2 has not been completely surveyed and may contain unrecorded archaeological sites, unrecorded historically important structures, or both. Further, Bob Carr, of Archaeological and Historical Conservancy, Inc., has since surveyed that property and identified two archeological sites, both of which are located within the area proposed to be re- designated as Receiving Lands; both sites have good preservation potential. Preservation initiatives will be addressed during subsequent development order reviews. ENVIRONMENTAL ADVISORY COUNCIL ŒAC) RECOMMENDATION: Growth Management Plan amendments such as five of these are not reviewed by the EAC. However, the EAC did review petition CP-2004-4 (primarily pertaining to the addition of TDR bonuses) on December 1, 2004 and unanimously (6-0) recommended approval. By separate motion, the EAC also unanimously recommended that: 1) the uses allowed in the Sending Lands be reviewed for consistency with the intent of the RFMUD to protect natural resources; and, 2) an authority to manage funds for land management be established. COMPREHENSIVE PLANNING STAFF RECOMMENDATION: That the Board of County Commissioners approve petitions CP-2004-1, CP-2004-3, CP-2004-4, CP-2004-5, and CPSP-2004-7 for transmittal, as reflected below following each petition. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: - 2 Agenda Item No. 8D January 25,2005 Page 3 of 114 That the Board of County Commissioners approve all six amendment petitions for transmittal, as reflected below fonowing each petition. 1. PETITION CP-2004-1, Petition requesting an amendment to the Future Land Use Element to modify the Urban Residential Fringe Subdistrict to allow the Affordable Housing Density Bonus on 196 of the 235 acres in the San Marino PUD, located on the east side of Collier Boulevard, 1.25 miles south of Davis Blvd., in Section 11, Township 50 South, Range 26 East, Royal Fakapalm Planning Community. [Coordinator: Jean Jourdan]. Staff Recommendation: That the CCPC forward petition CP-2004-1 to the BCC with a recommendation to Transmit to the Florida Department of Community Affairs. CCPC Recommendation: That the BCC approve petition CP-2004-1 for transmittal to the Florida Department of Community Affairs (vote: 5/3). 2. PETITION CP-2004-2, Petition requesting an amendment to the countywide Future Land Use Map to change 80 acres úom the Rural Fringe Mixed Use District (RFMUD) Neutral Lands to the RFMUD Sending Lands and to change 140 aces úom the RFMUD Neutral Lands to the RFMUD Receiving Lands, for property located one mile south of Immokalee Road and 2-3/4 miles east of Collier Boulevard, in Sections 31 and 32, Township 48 South, Range 27 East, Rural Estates Planning Community. [Coordinator: Michele Mosca]. Staff Recommendation: That the CCPC fOlWard petition CP-2004-2 to the BCC with a recommendation not to Transmit to the Florida Department of Community Affairs. CCPC Recommendation: That the BCC approve petition CP-2004-2 for transmittal to the Florida Department of Community Affairs (vote: 4/3). At the CCPC hearing, the petitioner discussed a wildlife corridor, Rural Village development, and other matters not addressed in their petition submittal. Subsequent to the CCPC hearing, the petitioner e-mailed to staff supplemental infonnation to be included in their application; that data has been added to their petition packet (inserted at the end) and is contained in the separate binders provided to each Commissioner. 3. PETITION CP-2004-3, Petition requesting an amendment to the Future Land Use Element and Future Land Use Map to create a new "Vanderbilt Beach Road Neighborhood Commercial Subdistrict" to allow for C-l through C-3 commercial uses, other comparable and/or compatible commercial uses not found specifically in the C-l through C-3 zoning districts, mixed use development, and indoor self-storage, on two parcels, one located at the northeast comer of Vanderbilt Beach Road and Livingston Road (9.18 acres), and one parcel farther east on the north side of Vanderbilt Beach Road (8 acres, zoned Vanderbilt Trust PUD), in Section 31, Township 48 South, Range 26 East, Urban Estates Planning Community. [Coordinator: John David Moss]. - 3 Agenda Item No. 80 January 25, 2005 Page 4 of 114 Staff Recommendation: That the CCPC forward petition CP-2004-3 to the BCC with a recommendation to Transmit to the Florida Department of Community Affairs, as modified by staff eepe Recommendation: That the BCC approve petition CP-2004-3 for transmittal to the Florida Department of Community Affairs (vote: 7/1), as recommended by staff, and with these additional changes: I) limit the indoor self-storage use to only one of the two parcels comprising this proposed subdistrict; 2) for the indoor self-storage use, change text to state it may be allowed instead of it shall be allowed; and, 3) delete the 42-feet height limit on the easterly parcel. The CCPC had compatibility/appropriateness of use concerns in allowing indoor self-storage on both parcels; had concerns that the proposed text might be interpreted to require approval of the self-storage use at time of rezoning; and, thought the building height should be determined at time of rezoning. 4. PETITION CP-2004-4, Petition requesting an amendment to the Future Land Use Element to change the Rural Fringe Mixed Use District Sending Lands to add three Transfer of Development Rights (TDRs) bonus provisions, each for 1 TDR credit, for: 1) listed species habitat management plan and maintenance; 2) fee simple conveyance to conservation entity or program; 3) early entry into the TDR program; and, to amend Rural Village development standards. [Coordinator: Michele Mosca]. Staff Recommendation: That the CCPC forward petition CP-2004-4 to the BCC with a recommendation to Transmit to the Florida Department of Community Affairs, including the minor changes presented by staff at the hearing. eepe Recommendation: That the BCC approve petition CP-2004-4 for transmittal to the Florida Department of Community Affairs (vote: 5/2), as recommended by staff, and with the additional change of deleting the three-story height limit; the CCPC thought this should be detennined at time of rezoning. S. PETITION CP-2004-S, Petition requesting an amendment to the Future Land Use Element and Future Land Use Map to create a new "Davis Boulevard/County Barn Road Mixed Use Neighborhood Subdistrict" to allow mixed residential and commercial development similar to the Residential Mixed Use Neighborhood Subdistrict, for 22.8 acres located at the southeast corner of Davis Boulevard and County Barn Road, in Section 8, Township 50 South, Range 26 East, South Naples Planning Community. [Coordinator: Glenn Heath]. Staff Recommendation: That the CCPC forward petition CP-2004-5 to the BCC with a recommendation to Transmit to the Florida Department of Community Affairs, as modified by staff. The issue regarding a deficient market study, noted in the CCPC Staff Report, has been resolved to staff's satisfaction - the petitioner has submitted the needed additional infonnation. eepe Recommendation: That the BCC approve petition CP-2004-5 for transmittal to the Florida Department of Community Affairs (vote: 6/1), as recommended by staff, and subject to deleting the three-story height limit; the CCPC thought this should be determined at time of rezoning. 4 Agenda Item No. 8D January 25, 2005 PageS of114 6. PETITION NO. CPSP-2004-7, Petition requesting amendments to the Future Land Use Element and Future Land Use Map and Map Series, Golden Gate Area Master Plan Element text and Future Land Use Map, Capital Improvement Element, and the Potable Water and Sanitary Sewer Sub-Elements of the Public Facilities Element, to include: 1. Potable Water and Sanitary Sewer Sub-Elements: a. Delete the figure depicting the Mirasol PUD service area, and all references to it in the appropriate policies. 2. Capital Improvement Element: a. Correct and modify applicable policy references to figures depicting the water and sewer service areas. 3. Golden Gate Area Master Plan: a. Modify the applicable maps depicting the Santa Barbara Commercial and Golden Gate Parkway Professional Office Commercial Subdistricts; b. Make minor corrections and "clean-up" changes to the Golden Gate Parkway Professional Office Commercial Subdistrict; c. Lessen the wetland preserve area in the Pine Ridge Road Mixed Use Subdistrict by ±o.09 acres; and, d. Add the legal description of all properties within the Randall Boulevard Commercial Subdistrict. 4. Future Land Use Element: a. Modify Po licies 1.1 B. and 1.5 to add omitted references; b. Change a map reference in the Vanderbilt Beach/Collier Boulevard Commercial Subdistrict; and, c. In the Conservation Designation, clarify the allowable density fur pre-existing private in- holdings in the Big Cypress National Preserve. 5. Future Land Use Map: a. Change the designation from Urban Residential to Conservation for a 99.3-acre County- owned mitigation site located. on the west side of Collier Boulevard and adjacent to the north of Naples Lakes Country Club PUD; b. Change the designation from Urban Industrial to Conservation fur a 77.3-acre Conservation Collier site located east of the Seaboard Coastline Railroad right-of-way and adjacent to the north of the future Livingston Road East-West; c. Change the designation from Industrial to Urban for the Immokalee airport area as the area is more particularly designated in the Immokalee Area Master Plan; d. Add the name of the South Golden Gate Estates Natural Resource Protection Area (NRPA) Overlay and add the name and pattern to the Clam Bay NRPA; e. Correct the location of Wiggins Pass Road and the US-411CR-887 (old US-41) intersection; f. Change the reference note pertaining to addition of certain features in the Rural Lands Stewardship Area Overlay; and, g. In the map legend, spell out the NRP A abbreviation. 6. Future Land Use Map Series: a. On the Activity Center Index Map, correct the configuration of various activity centers; b. Delete Activity Center #19 Map - it is a repeat of Activity Center #20; - 5 Agenda Item No. 8D January 25, 2005 Page 6 of 114 c. On the Vanderbilt BeacWCollier Boulevard Commercial Subdistrict Map, add the expansion area and distinguish between the original and expanded areas; d. Create a new map to depict the existing Orange Blossom Mixed Use Subdistrict; and, e. Establish two new maps, depicting two County-owned sites, to correlate with the change to the countywide FLUM to designate these sites as Conservation. Staff Recommendation: That the CCPC forward petition CPSP-2004-7 to the BCC with a recommendation to Transmit to the Florida Department of Community Affairs. CCPC Recommendation: That the BCC approve petition CPSP-2004-7 for transmittal to the Florida Department of Community Affairs (vote: 7/0), per staff's recommendation. STAFF RECOMMENDATION: That the Board of County Commissioners review the Growth Management Plan amendments and consider adopting a Resolution approving five of the six amendments for transmittal to the Florida Department of Community Affairs: petitions CP-2004-1, CP-2004-3, CP-2004-4, CP-2004-5, CPSP-2004-7 (petition CP-2004-2 is not recommended for transmittal). CCPC RECOMMENDATION: The Collier County Planning Commission held their required public hearing on January 6, 2005, and recommended the BCC approve all six petitions for transmittal to the Florida Department of Community Affairs, as reflected above following each petition. EX SUM Transmittal 2004 cycle Amendments, 2004 petitions G, Comprehensive, Compo Plan dwll-12-05 6 Item Number Item Summ ary Maallng Data Agenda Item No. 80 January 25, 2005 Page 7 01 1 14 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 8D Recommendation to approve the 2004 Cycle Growth Management Plan Amendments ¡Transmittal hearing). 1/25120059.00:00 AM Prepared By 1/13120059:55:34 AM Mlrtlo Kendall Community Development & Environmental Servlcefll. Date Plonner CDn1pr~hell¥iYe Plannng Approved By Date Stan LiU1Ínger Comlnunl1y Development & Environmental Services Comprehensive Plillnníng Director Comprehensive Planning 1113/200510:00 AM Sandra Lea Date Approved By Community Development & Environmental Setvlce¡ Executive Secretary Community Development & EnYironmental Services Admin. 1113/2005 1 O:O~ AM Date A pproved By Con\ltance A. Johnson Community Development & Environmental Setvices Opcnltions AnølytJt Commurllty Dtlveloprnent & Envlronmantal Services Admin. 1/131200811:25 AM Joaeph K, Sc:hmitt Dat~ Approved By CommunIty OClvelopmClnt & Environmental Services Cummunlty Development &. Environmental Servlcu Admlnatrator Community Dvv~opmønt & Envlronmtl'ntal Service$ Admin. 1113120055:30 PM Date Approved By Michael Smykowsk¡ County Manager's Office Management & Budget Director Offir:.& of Management & Budget 111~120051:28 PM Date Approved By OMS Coordinator County Man~ger'& omce Administrative Alt5¡stant Office of Management & Budget 1114120051:29 PM Date Approved By James V. Mudd Board of County Commtssionllrs County Manilger County Managor" Office 1114120056:07 PM Agenda Item No. 8D January 25, 2005 Page 8 of 114 RESOLUTION NO. 05- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROPOSING AMENDMENTS TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89-05, AS AMENDED, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES, GOLDEN GATE AREA MASTER PLAN AND THE GOLDEN GATE MASTER PLAN FUTURE LAND USE MAP AND MAP SERIES, CAPITAL IMPROVEMENT ELEMENT, POTABLE WATER SUB-ELEMENT AND SANITARY SEWER SUB- ELEMENT OF THE PUBLIC FACILITIES ELEMENT; AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THESE AMENDMENTS TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS. WHEREAS, Collier County, pursuant to Section 163.3161, at. sea.. Florida Statutes, the Florida local Government Comprehensive Planning and land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the local Govemment Comprehensive Planning end Land Development Regulation Act of 1985 provides authority for local govemments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans pursuant to Sections 163.3184 and 163.3187, Florida Statutes; and WHEREAS, Collier County has prepared plan amendments to the foUowing elements of Its Growth Manegement Plan: Capital Improvement Element; Future Land Use Element, including the Future Land Use Map and Map Series; Golden Gate Area Master Plan, Including the Golden Gate Future Land Use Map and Map Series; Potable Water Sub-Element of the Public Facilities Element; Sanitary Serwer Sub-Element of the Public Facilities Element; and WHEREAS, the Collier County Planning Commission has considered the proposed 'amendments to the Growth Management Plan pursuant to the authority granted to It by Section 163.3174, Florida Statutes, and has recommended approval of said amendments to the Board of County Commissioners; and WHEREAS, upon receipt of Collier County's proposed Growth Management Plan amendments, various State agencies and the Department of Community Affairs (DCA) have ninety (90) days to review the proposed amendments and DCA must transmit, in writing, to Collier County, its comments along with any objections and any recommendations for modification, within said ninety (90) days pursuant to Section 163.3184, Florida Statutes; and WHEREAS, Collier County, upon receipt of the written comments from DCA must adopt, adopt with changes or not adopt the proposed Growth Management Plan amendments, within sixty (60) days of such receipt pursuant to Section 163.3184, Florida Statutes; and Words underlined are additions; Words BtNsk j:¡lQygh are deletions WHEREAS, the DCA, within forty-five (45) days of receipt of Collier County's adopted Growth Management Plan amendments, must review and determine If the Plan amendments are In compliance with the Local Govemment Comprehensive Planning and Land Development Act of 1985; the State Comprehensive Plan; the appropriate Regional Policy Plan and Rule 9J-5, Florida Administrative Code. pursuant to Section 163.3184, Florida Sta1utes. NOW, THEREFORE, BE IT RESOLVED by THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: The Board of County Commissioners hereby approves the proposed Growth Management Plan amendments, attached hereto as Exhibit A and Incorporated by reference herein, for the purpose of transmittal to the Department of Community Affairs thereby initiating the required State evaluation of the Growth Management Plan amendments, prior to final adoption and State determlnetion of compliance with the Local Govemment Comprehensive Planning and Land Development Regulation Act of 1985 and Rule 9J5. Florida Administrative Code. Minimum Criteria for Review of Local Government Comprehensive Plans and DetermInation of Compliance. THIS RESOLUTION ADOPTED after motion; second and majority vote this 25th day of January. 2005. A TrEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: , CHAIRMAN Approved as to form and legal sufficiency: Marjorie M. Student Assistant County Attorney 2004 Cycle GMP Transmittal Resolution Words underlined are additions; Words SWGk 1RFÐygh are deletions Agenda Item No. 8D January 25, 2005. Page90f114 2 Agenda Item No. 8D January 25, 2005 Page 10 of 114 EXHIBIT "A" FUTURE LAND USE ELEMENT CP·2004·1 3.) Urban Residential Fringe Subdistrict: [revised text. page 23.2] 3. Urban Residential Fringe Subdistrict The purpose of this Subdistrict is to provide transitional densities between the Urban Designated Area and the AgriculturaVRural Area and comprises approximately 5,500 acres and 5% of the Urban Mixed Use District. Residential land uses may be allowed at a maximum density of 1.5 units per gross acre. or up to 2.5 units per gross acre via the transfer of up to one dwelling unit per acre from lands designated as Rural Fringe Mixed Use District Sending or, in the case of properties specifically identified below, a density bonus of up to 6.0 additional units per gross acre may be requested for projects providing affordable housing (home ownership only) for low and moderate income residents of Collier County, pursuant to Section 2::1+ 2.06.00 of the Land Development Code, or its successor ordinance. except as provided for in paragraph MC" below. Within the Urban Residential Fringe, rezone requests are not subject to the density rating system, except as specifically provided in c. below, but are subject to the following conditions: a. All rezones are encouraged to be in the form of a planned unit development; b. Proposed development in the area shall be fully responsible for all necessary water management improvements, including the routing of all on-site and appropriate off -site water through the project's water management system, and a fair share cost of necessary improvements to the CR 951 canal/out-fall system made necessary by new development in the area; and, c. Properties eligible for the Affordable Housing Density Bonus (home ownership only) will be specifically identified herein. The actual number of bonus units per gross acre shall be reviewed and approved in accordance with the conditions and procedures set forth in Section ~ 2.06.00 of the Land Development Code, except that, Section 2.06.03 2.7.7.3 shall not apply, and the number of dwelling units required to be sold to buyers earning 80% or less of Collier County's median income, as calculated annually by the Department of Housing and Urban Development (HUD), shall be at least thirty percent (30%). The following properties are eligible for an Affordable Housing Density Bonus (home ownership only) of up to 6.0 additional dwelling units per acre. 1. Property located on the East side of Collier Boulevard (C.R. 951), approximately 6 tenths of a mile south of intersection with Rattlesnake Hammock Road (C.R. 864), in Section 23, Township 50 South, Range 26 East. Collier County, Florida, and further described as follows: words &truok thr{)l.Igh are deleted; words under1ined are added 1 Agenda Item No. 8D January 25, 2005 Page 11 of ~ 14 THE NORTH % OF THE· SOUTHWEST % OF THE NORTHWEST % OF THE SOUTHWEST % AND THE NORTHWEST % OF THE SOUTHEAST % OF THE NORTHWEST % OF THE SOUTHWEST %, LESS THE NORTH THIRTY FEET FOR ROAD RIGHT OF WAY PURPOSES ONLY OF SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA LESS THE WEST 100 FEET THEREOF, AND; THE NORTHEAST % OF THE SOUTHEAST % OF THE NORTHWEST % OF THE SOUTHWEST %, LESS THE NORTH 30 FEET THEREOF FOR ROAD RIGHT OF WAY, SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND; THE SOUTH % OF THE NORTH % OF THE WEST % OF THE NORTHEAST ~ OF THE SOUTHWEST % AND THE SOUTH % OF THE WEST % OF THE NORTHEAST % OF THE SOUTHWEST %, SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA SUBJECT TO AN EASEMENT OVER AND ACROSS THE WEST 36 FEET THEREOF, AND; AN EASEMENT 36 FEET IN WIDTH OVER AND ACROSS THE EAST 36 FEET OF THE NORTH % OF THE NORTH % OF THE WEST % OF THE NORTHEAST ~ OF THE SOUTHWEST %, SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA, AND TOGETHER WITH; A STRIP OF LAND DESIGNATED AS RIGHT OF WAY OVER AND ACROSS THE NORTH 50 FEET OF THE SOUTH % OF THE NORTHWEST % OF THE SOUTHWEST %, SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY FLORIDA, AND; THE NORTH % OF THE NORTH % OF THE WEST % OF THE NORTHEAST ~ OF THE SOUTHWEST %, SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA, AND; THE SOUTHWEST 1;4 OF THE SOUTHWEST ~ OF THE NORTHWEST 1;4 OF THE SOUTHWEST ~, SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA, AND; THE EAST % OF THE NORTHEAST 1;4 OF THE NORTHWEST % OF SOUTHWEST ~ LESS THE NORTH 30 FEET FOR RIGHT OF WAY OF SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA, AND; THE NORTH % OF THE NORTHWEST ~ OF THE SOUTHWEST 1;4 OF THE SOUTHWEST ~, LESS THE WEST 100 FEET OF SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA, AND; THE EAST % OF THE NORTHEAST 1;4 OF THE SOUTHWEST 1;4, LESS THE NORTH 328.19 FEET OF SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY FLORIDA. CONTAINING 55 ACRES, MORE OR LESS. words struck through are deleted; words under1ined are added 2 Agenda Item No. 8D January 25, 2005 . .Page 12 of 114 2. ProDertv located on the East side of Collier Boulevard (C.R. 951), aDoroximatelv one and one half (1.5) miles south of the intersection with Davis Boulevard. in Section 11, TownshiD 50 South, Ranae 26, East, Collier County Florida. and further described as follows: THE NORTHEAST % OF THE NORTHWEST % OF SECTION 11, TOWNSHIP 50 SOUTH. RANGE 26, EAST, COLLIER COUNTY. FLORIDA. THE NORTHWEST % OF THE NORTHEAST 1/4 OF SECTION 11, TOWNSHIP 50 SOUTH. RANGE 26 EAST. COLLIER COUNTY, FLORIDA. THE SOUTHWEST % OF THE NORTHEAST % OF SECTION 11. TOWNSHIP 50, SOUTH. RANGE 26 EAST. COLLIER COUNTY, FLORIDA. THE SOUTHEAST % OF THE NORTHWEST % OF SECTION 11, TOWNSHIP 50 SOUTH. RANGE 26. EAST, COLLIER COUNTY. FLORIDA. THE NORTH !4 OF THE NORTH !4 OF THE SOUTHWEST % OF THE NORTHWEST OF SECTION 11, TOWNSHIP 50 SOUTH. RANGE 26 EAST. COLLIER COUNTY, FLORIDA. LESS THE WEST 100 FEET FOR ROAD RIGHT-OF-WAY. THE SOUTH !4 OF THE NORTH !4 OF THE SOUTHWEST % OF THE NORTHWEST % OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA. LESS THE WEST 100 FEET FOR ROAD RIGHT-OF-WAY. THE NORTH !4 OF THE SOUTH !4 OF THE SOUTHWEST % OF THE NORTHWEST % OF SECTION 11. TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA. THE NORTHWEST % OF THE NORTHEAST % OF THE NORTHWEST % OF THE NORTHEAST % OF SECTION 11, TOWNSHIP 50 SOUTH. RANGE 26 EAST, COLLIER COUNTY, FLORIDA. THE NORTH !4 OF THE SOUTHEAST % OF THE SOUTHWEST % OF THE NORTHWEST OF THE NORTHEAST % LESS THE WEST 30 FEET AND THE NORTH 112 OF THE SOUTHWEST %, OF THE SOUTHEAST % OF THE NORTHWEST % OF THE NORTHEAST % LESS THE EAST 30 FEET, BEING PART OF SECTION 11 , TOWNSHIP 50 SOUTH. RANGE 26. EAST. COLLIER COUNTY. FLORIDA. NOTES: BEARINGS ARE BASED ON THE WEST LINE OF SECTION 11, TOWNSHIP 50 SOUTH. RANGE 26 EAST, AS BEING N 00050r48~ E. WHICH IS NORTH AMERICAN DATUM OF 1983. 1990 ADJUSTMENT. STATE PLANE COORDINATE SYSTEM FOR THE FLORIDA EAST ZONE. PARCEL CONTAINS 8.556.304 SQUARE FEET OR 196.43 ACRES, MORE OR LESS. words stNck thmugh are deleted; words underlined are added 3 Agenda Item No. 8D January 25, 2005 Page 13 of 114 EXHIBIT A CP·2004·3 FUTURE LAND USE ELEMENT B. Urban Commercial District 11. Vanderbilt Beach Road Neighborhood Commercial Subdistrict The purpose of this Subdistrict is to provide primarily for neichborhood commercial and indoor self-storace development at a scale not typicallY found in the Mixed Use Activity Center Subdistrict. The intent is to provide commercial uses to serve the emerainc residential development in close proximity to this Subdistrict. and to provide employment opportunities for residents in the surroundinc area. Allowable uses shall be: retail. personal service. restaurant. office. and all other uses as allowed. whether bY richt or by conditional use. in the C-1 throuah C-3 zonina districts as set forth in the Collier County Land Development Code. Ordinance 04-41. as amended, in effect as of the date of adoption of this Subdistrict [should this Subdistrict be adopted. the correct date and ordinance number will be insertedl: other comparable and/or compatible land uses not found SDecificallY in the C-1 throuah C-3 zonina districts. limited to: aeneral and medical offices. covemment offices. financial institutions, personal and business services. limited indoor recreational uses, and limited retail uses: mixed-use development (residential and commercial uses in the same buildinc). Additionally. indoor self-storace use may be allowed, but only on one ofthe two Darcels in this Subdistrict. This Subdistrict consists of two parcels comprisinc approximately 17 acres, located on the north side of Vanderbilt Beach Road and east of Livincston Road. as shown on the Subdistrict Map. For mixed-use development. residential density shall be limited to sixteen dwellina units per acre. Residential density shall be calculated based upon the aross acreaae of the Subdistrict parcel on which it is located (Parcel 1 or Parcel 2). Rezoninc of the parcels comprisinc this Subdistrict is encouraaed to be in the form of a PUD, Planned Unit Development. a. Parcel1 This parcel is located at the intersection of Livincston Road and Vanderbilt Beach Road. A maximum of 100.000 sauare feet of cross leasable floor area for commercial uses or 200.000 sauare feet of cross floor area for indoor self-storace use may be allowed. Should a mix of commercial uses and indoor self-storaae facilities develop. for each two sauare feet of indoor self-storace area. one sauare foot of commercial uses area shall be reduced from the maximum allowed. If the rezonina of Parcel 2 includes indoor self-storace use. then that use shall not be allowed on Parcel 1. b. Parcel 2 This parcel is located approximatelY ~ mile east of Livinaston Road and is adiacent to multifamily residential uses. A maximum of 80,000 sauare feet of cross leasable floor area for commercial uses or 160.000 sauare feet of cross floor area for indoor self-storace use may be allowed. Should a mix of commercial uses and indoor self- storace facilities develop. for each two sauare feet of indoor self-storace area. one sauare foot of commercial uses area shall be reduced from the maximum allowed. If the rezoninc of Parcel 1 includes indoor self-storace use. then that use shall not be allowed on Parcel 2. Words underlined are added; words struck-though are deleted. Agenda Item No. 80 January 25, 2005 Page 14 of l14 Policy 1.1: * * * * * * * * * * * * B. URBAN· COMMERCIAL DISTRICT 1. Mixed Use Activity Center Subdistrict 2. Interchange Activity Center Subdistrict 3. Livingston/Pine Ridge Commerciallnfill Subdistrict 4. Business Park Subdistrict 5. Research and Technology Park Subdistrict 6. Livingston Road/Eatonwood Lane Commerciallnfill Subdistrict 7. Livingston Road Commerciallnfill Subdistrict 8. Commercial Mixed Use Subdistrict 9. Livinaston RoadNeterans Memorial Boulevard Commerciallnfill Subdistrict 10. Livinaston/Radio Road Commerciallnfill Subdistrict 11. Vanderbilt Beach Road Neiahborhood Commercial Subdistrict I. URBAN DESIGNATION * * * * * * * * * * * * Urban Designated Areas will accommodate the following uses: a. Residential uses including single family, multi-family, duplex, and mobile home. The maximum densities allowed are identified in the Districts, and Subdistricts and Overlays that follow. b. Non-residential uses including: * * * * * * * * * * * * 12. Commercial uses subject to criteria identified in the Urban - Mixed Use District. PUD Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict, Residential Mixed Use Neighborhood Subdistrict, Orange Blossom Mixed-Use Subdistrict, GoodletteJPine Ridge Commerciallnfill Subdistrict. Buckley Mixed Use Subdistrict, Vanderbilt Beach/Collier Boulevard Commercial Subdistrict. Commercial Mixed Use Subdistrict, Henderson Creek Mixed Use Subdistrict; and, in the Urban Commercial District, Mixed Use Activity Center Subdistrict, Interchange Activity Center Subdistrict. Livingston/Pine Ridge Commerciallnfill Subdistrict, Livingston Road/Eatonwood Lane Commerciallnfill Subdistrict, Livingston Road CommerciallnfiJ Subdistrict, aAØ Commercial Mixed Use Subdistrict. Livinaston RoadNeterans Memorial Boulevard CommerciallnfiJ Subdistrict. Livinaston/Radio Road Commerciallnfill Subdistrict. and Vanderbilt Beach Road Neiahborhood Commercial Subdistrict. and in the Bayshore/Gateway Triangle Redevelopment Overtay. Words underlined are added; words struck-though are deleted. Agenda Item No. 80 January 25, 2005 Page 15 of 114 B. Urban Commercial District This District is intended to accommodate almost all new commercial zoning; a variety of residential uses, including higher densities for properties not located within the Urban Coastal Fringe or Urban Residential Fringe Subdistricts; and a variety of non-residential uses. 1. Mixed Use Activity Center Subdistrict * * * * * * * * * * * * The Mixed-Use Activity Center concept is designed to concentrate almost all new commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development, and to create focal points within the community. Additionally, some commercial development is allowed outside of Mixed Use Activity Centers in the PUD Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict, Interchange Activity Center Subdistrict, Traditional NeighbarhøQQ Design Subdistrict, Residential Mixed Use Neiahborhood Subdistrict, Orange Blossom Mixed-Use Subdistrict, Goodlette/Pine Ridge Commercial Subdistrict, Vanderbilt Beach/Collier Boulevard Commercial Subdistrict, Livingston/Pine Ridge Commercial Infill Subdistrict, Henderson Creek Mixed Use Subdistrict, Livingston Road/Eatonwood Lane Commerciallnfill Subdistrict, Livingston Road Commercial Infill Subdistrict, Buckley Mixed Use Subdistrict. Commercial Mixed Use Subdistrict, Livinaston RoadNeterans' Memorial Boulevard Commerciallnfill Subdistrict. Livinaston/Radio Road Commerciallnfill Subdistrict. Vanderbilt Beach Road Neiahborhood Commercial Subdistrict. and the Bayshore/Gateway Triangle Redevelopment Overlay and by Policies 5.9, 5.10, and 5.11 of the Future Land Use Element. CP-2004-3 EXHIBIT A CCPC G, Compo Compo Plan Amendments, 2004 petitions dw/12-9-04 Words underlined are added; words sUuck-though are deleted. Agenda Item No. 80 January 25, 2005 Page 16 of 114 EXHIBIT A FUTURE LAND USE ELEMENT CP-2004-4 B. Rural Fringe Mixed Use District * * * * * * * * * * * * * C) Sending Lands: Sending Lands are those lands that have the highest degree of environmental value and sensitivity and generally indude significant wetlands, uplands, and habitat for listed species. 1. Sending Lands are located entirely within the Rural Fringe Mixed Use District, and are depicted on the Future Land Use Map. Based upon their location, Sending Lands are the principal target for preservation and conservation. Private Property owners of lands designated as Sending Lands may transfer density to Receiving Lands within the Rural Fringe Mixed Use District, and to lands within the Urban Designated Area subject to limitations set forth in the Density Rating System. All privately owned lands within the Rural Fringe Mixed Use District that have a Natural Resource Protection Area (NRPA) Overlay are designated Sending Lands. 2. Maximum Base Transfer Severance Rate: Dwelling Units DeveloDment riahts may be transferred severed from Sending Lands at a maximum rate of 0.2 swelling units TDR credits per acre (1 swelling IoInit TDR credit per five acres). Tr-ansfeÆ Utilization of TDR Credits and TDR bonus credits in Receivina Lands may only occur in whole number increments (fractional transfers fractions are prohibited). In the case of legal nonconforming lots or parcels in existence as of June 22, 1999, where such ·Iot or parcel is less than 5 acres in size, one swelling IoIRit TDR credit may be tran6fÐrr~d severed from said lot or parcel. To enSIoIFe appropriate oompensation to lans D'/mers within Sending Lands, the Board of County Commissioners may adjust the maximum trander rate; such an adjustment shall requirÐ a Gro':Jth Management Plan Amendment. The basis of such adjustmont shall be an analysis of property \'all.les within Sensing Lanss, and may incluse consideration of proximity of such properties to the urban area. 3. Limitations ana Pr-oœdur9G Conditions ADDlicable to Base and Bonus TDR Credits: a) Tmnsfers shall not be allowed' Base TDR credits may not be severed from s§.ending I!:,ands where a conservation easement or other similar development restriction prohibits residential development. b) The tmnsfer severance of \ffiit& credits shall be recorded in public records utilizing a legal instrument determined to be appropriate by the County Attorney's Office. Said instrument shall clearly state the remaining allowable lands uses on the subject property after all, or a portion, of the residential density has been transferred severed from the property. c) Where residential density has develoDment riahts have been transfÐrred severed from Sending Lands, such lands may be retained in private ownership or may be sold or deeded by gift to another entity. d) The bonus Drovisions set forth in subsections 4 throuah 6 below are aDDlicable Words stn.Jsk threl.lsR are deletions; words underlined are additions · * · * * · * . · · · (Indicates break in text.) FLUE text is derived from both the existing FLUE text and "glitch amendment" text - CPSP-2003-11, adopted October 26, 2004, but not in affect. Agenda Item No. 80 January 25, 2005 Page 17 of 114 to crocerties from which TOR credits were severed crior to and subseauent to the effective date of this amendment. e) These bonus provisions set forth in subsections 4 throuah 6 below are also applicable to the North Belle Meade Overlav provisions of the Future Land Use Element. f) Anv Sendina Lands from which TOR credits have been severed may also be utilized for mitiaation proarams and associated mitiaation activities and uses in coniunction with any county. state or federal permittina. a) No conveyance bonus credits shall be available without provision of a plan for manaaement and maintenance as authorized in subsection 4 below (the Environmental Restoration and Maintenance TOR Bonus). 4. Environmental Restoration and Maintenance TOR Bonus: One (1) additional TOR bonus credit may be issued to the owner of each five acre parcel or leaal nonconformina lot of record. This bonus shall be aranted ucon the County's acceptance of a Restoration and Percetual Manaaement Annuity Plan (RPMAP) that is consistent with a listed soecies manaaement clan that includes habitat manaaement. the removal of exotics and the maintenance of the land exotic free for twenty-five (25) years. The property owner may contract with any of the aovernment aaencies or contractors deemed aualified bY the County for imclementation of the RPMAP. 5. Conveyance TOR Bonus: A TOR bonus credit shall be issued to the owner of each five (5) acre parcel or leaal nonconformina lot of record desianated as Sendina Lands. at the transfer rate of one (1) additional TOR bonus credit for each five acres or leaal nonconformina lot of record for conveyance of fee simcle title to a federal, state, or local aoyemmental aaencv bY aift. 6. Early Entry TOR Bonus: An earlv entry TOR bonus shall be available in the form of an additional one TOR credit for each base TOR credit severed from Sendina Lands from March 5. 2004, onward for a period of three years after the adoction of the LOC amendment implementina this provision. Early entry TOR bonus credits may be used after the termination of the bonus period. 14.Permitted Uses: Permitted uses are limited to the following: a) Agricultural uses consistent with Chapter 823.14(6) Florida Statutes (Florida Right to Farm Act) [Note that every subsequent subsection in this section will have to be re-numbered due to the insertion of these new provisions (4-6).J * * * * * * * * * * * * * Words stA,¡sk Uuewgl:t are deletions; words underlined are additions * * * * * * * * * * * (Indicates break in text.) FLUE text is derived from both the existing FLUE text and "glitch amendmenr text - CPSP-2003-11, adopted October 26, 2004, but not in affect. Agenda Item No. 8D January 25, 2005 Page 18 of 114 * * * * * * * * * * * * * 3. Rural Villages: Rural Villages may be approved within the boundaries of the Rural Fringe Mixed Use District in order to: maximize the preservation of natural areas and wildlife habitat within the Rural Fringe Mixed Use District; to reduce the need for residents of the District and surrounding lands to travel to the County's Urban area for work, recreation, shopping, and education; and, to enhance the provision of limited urban and rural levels of service through economies of scale. Rural Villages shall be comprised of several neighborhoods designed in a compact nature such that a majority of residential development is within one quarter mile of Neighborhood Centers. Neighborhood Centers may include small scale service retail and office uses, and shall include a public park, square, or green. Village Centers shall be designed to serve the retail, office, civic, government uses and service needs of the residents of the village. The Village Center shall be the primary location for commercial uses. Villages shall be surrounded by a green belt in order to protect the character of the rural landscape and to provide separation between villages and the low density rural development. agricultural uses, and conservation lands that may surround the village. Villages shall be designed to include the following: a mixture of residential housing types; institutional uses; commercial uses; and, recreational uses, all of which shall be sl::Iffisient to serve the residents of the Village and the surrounding lands. In addition, the following criteria and conditions shall apply, except for those modifications that are identified in the North Belle Meade Overlay: * * * * * * * * * * * * * C) Rural Villages Sizes and Density: * * * * * * * * * * * * * 3. Density may shall be achieved as follows: a) The base density for the Agricultural/Rural Designation of 0.2 dwelling units per acre (1.0 dwelling units per fIVe acres) for lands within the Rural Village, and the land area designated as a green belt surrounding the Rural Village, is granted by right for allocation within the designated Rural Village. b) The additional density necessary to achieve the minimum required density for a Rural Village shall be achieved by an equal amount any combination of TDR Credits and TDR bonus YRit& credits. That is Efor each TDR Credit acquired for use in achievina the minimum density in a Rural Villaae. one TDR bonus YRi credit shall be granted. c) Additional density between the minimum and maximum amounts established herein may be achieved through any of the following, either individually or in combination: 1) Additional TDR Credits. g} TDR bonus credits. é- ~ A 0.5 unit bonus for each unit that is provided for lower income residents and for entry level and workforce buyers. J.-4) A density bonus of no more than 10% of the maximum density per acre allowed for each additional acre of native vegetation preserved exceeding the minimum preservation requirements set forth in Policy 6.1.2 of the CCME. Words &W6k tJ:u'ØloIgh are deletions; words undertined are additions * * * * * * * * * * * (Indicates break in text.) FLUE text is derived from both the existing FLUE text and "glitch amendmenf text - CPSP-2003-11, adopted October 26, 2004, but not in affect. Agenda Item No. 80 January 25, 2005 Page 19 of 114 ^.,- 4-§) A density bonus of no more than 10% of the maximum density per acre as provided in Policy 6.2.5 (6)b of the CCME. * * * * * * * * * * * * * D} Land Use Mix: 1. Acreage Limitations * * * * * * * * * * * * * f) Civic Uses and Public Parks - Minirnwn of I().l.$.% of the total Village acreage. E} Open Space and Environmental Protection: 1. Greenbelts: In addition to the requirements for parks, village greens, and other open space within the Rural Village, a greenbelt averaging 300 OOQ. feet in width but not less than 200 3OQ. feet in width, shall be required at the perimeter of the Rural Village. The Greenbelt is required to ensure a permanent un-developable edge surrounding the Rural Village, thereby discouraging sprawl... * * * * * * * * * * * * * G} As part of the development of Rural Village provisions, land development regulations shall identify specific design and development standards for residential, commercial and other uses. These standards shall protect and promote a Rural Village character_and shall indude requirements for parks, greens, squares, and other public places. In addition to the public spaces required as a part of a Village Center or Neighborhood Center. Rural Villages shall incorporate a Village Park and neighborhood parks. In addition, the following shall be addressed: 1. Rural Village, Village Center and neighborhood design guidelines and development standards: * * * * * * * * * * * * * · Each Rural Village shall be served by a binary road system that is accessible by the public and shall not be gated. The Drimarv road system within the village shall be designed to meet County standards and shall be dedicated to the public. · Access drives shall not be reauired to meet County standards. · A Rural Village shall not be split by an arterial roadway. * * * * * * * * * * * * * V. OVERLAYS AND SPECIAL FEATURES * * * * * * * * * * * * * B. North Belle Meade Overlay: * * * * * * * * * * * * * 3. RECEIVING AREAS * * * * * * * * * * * * * b. North Belle Meade Rural Village Words stR..lGk ~F91:18t:'1 are deletions; words under1ined are additions * * * * * * * * * * * (Indicates break in text.) FLUE text is derived from both the existing FLUE text and "glitch amendment" text - CPSP-2003-11, adopted October 26,2004, but not in affect. * Agenda Item No. 80 January 25, 2005 Page 20 of 114 The standards for the Rural Villages in the NBM Over1ay Receiving Area shall be generally the same as provided for in the Rural Fringe Mixed Use District. However, because of the NBM Receiving Area's location adjacent to Estates, the NBM NRPA, and other Sending Lands, it does not have access to existing commercial uses, which should be encouraged on NBM Receiving Lands. The following exceptions shall apply: 1) The minimum gross density shall be 1.5 dwelling units per gross acre and a maximum of 3 units per gross acre. 2) A minimum of 0.5 dwelling units per acre shall be acquired through TDR Credits and TDR bonus credits. * * * * * * * * * * * * Words stn:.lGk thr:QWgR are deletions; words underlined are additions .. .. .. .. .. .. .. .. .. .. .. (Indicates break in text.) FLUE text is derived from both the existing FLUE text and "glitch amendmenf text - CPSP-2003-11 , adopted October 26, 2004, but not in affect. Agenda Item No. 8D January 25, 2005 Page 21 of 114 EXHIBIT A CP-2004-5 FUTURE LAND USE ELEMENT B. Urban - Mixed Use District 15. Davis Boulevard/County Barn Road Mixed·Use Subdistrict This Subdistrict comprises approximatelY 22.83 acres and is located at the southeast corner of the Davis Boulevard/Countv Barn Road intersection. The intent of the Subdistrict is to provide for a development that incorporates traditional neiahborhood and mixed-use neiahborhood desian features. as well as recommendations of the Collier County Community Character Plan. These include: D8destrian-friendlyand bicycle-friendlv streets: interconnections to adioinina properties, where feasible: a park, small plazas and other open spaces: and, a mix of residential and neiahborhood commercial uses. Intearation of residential and commercial uses in the same buildina is encouraaed. The commercial comDonent shall be interconnected with the residential comDonent. and the commercial comDonent shall be conveniently located to serve residents in the nearby surroundina area. Pedestrian and bicvcle access will be provided so as to afford access from neiahborina communities to the commercial uses. residential neiahborhood(s), and ODen sDaces and Daths within the Subdistrict. Proiects within this Subdistrict shall complY with the followina standards and criteria: a. Commercial ComDonent 1. The commercial comDonent shall front County Barn Road and Davis Boulevard. 2. The frontaae of the commercial comDonent shall be no areater than twice its deDth . 3. The commercial comDonent shall be no laroer than 5 acres in size and shall not exceed 45,000 sauare feet of aross leasable floor area. 4. No sin ale commercial use in the commercial comDonent shall exceed 15.000 sauare feet of aross leasable floor area. exceDt that a arocerv store or sUDermarket shall not exceed 20,000 sauare feet of aross leasable floor area. 5. Allowable commercial uses in the commercial comDonent shall be limited to those uses Dermitted in the C-1, C-2. and C-3 zonina districts as contained in the Collier County Land DeveloDment Code. Ordinance 04-41. as amended, in effect . as of the date of adoDtion of this Subdistrict. rshould this Subdistrict be adoDted, the correct date and ordinance number will be insertedl 6. A common architectural theme shall be used for all commercial buildinas. 7. Pedestrian connections shall be provided between all buildinas. 8. Residential uses are allowed and mav be located above commercial uses in the same buildina or within an attached buildina. Residential density within the commercial comDonent is allowed at 4 dwellina units Der acre and shall be calculated based UDon the aross acreaae in the Subdistrict. 9. The maximum floor area ratio for commercial uses is 0.25. b. Residential ComDonent 1 . Acreaae to be used for calculatina residential density in the residential component of the Subdistrict is exclusive of the commercial comDonent and of Words underlined are additions; words swek tMetigk are deletions. Agenda Item No. 80 January 25,2005 Page 22 of 114 any acreaae for a use with a residential eQuivalency. such as an ALF-Adult Livina Facility. Eliaible density shall be as determined by application of the Density Ratina System. 2. Service roads and alleys shall be intearated into the residential component ofthe Subdistrict. 3. A minimum of 71 residential units shall be develoDed in the Subdistrict. The rezone ordinance implementina this Subdistrict shall set forth a provision to insure construction of this minimum number of dwellina units. such as a caD on the commercial floor area that may be issued a certificate of occupancy prior to construction of the minimum number of residential units. c. General Criteria 1. Rezonina is encouraaed to be in the form of a PUD. 2. All buildinas shall be limited to three stories in heiaht. indusive of under buildina parkina. 3. Parkina areas shall be internal to the site and be screened from County Barn Road and Davis Boulevard. 4. Common stairs, breezeways or elevators may ioin individual buildinas. 5. Trails and boardwalks may be provided in preservation areas for hi kina and educational purooses. if consistent with applicable local. state and federal environmental protection reaulations. 6. The Subdistrict shall include a park. small plazas and other types of open space. 7. The number and type of access ooints shall be limited. as deemed appropriate durina review of subseauent development orders. so as to minimize disruption of traffic flow on Davis Boulevard and County Barn Road. 8. Development within the Subdistrict shall be encouraaed to use a arid street svstem. or portion thereof, so as to afford maximum opportunity for interconnections with surroundina properties and to provide multiple route alternatives. 9. Vehicular. pedestrian and bicYcle access to the Subdistrict shall be provided. 10. Vehicular. pedestrian and bicycle interconnections shall be provided between the Subdistrict and surroundina properties. where feasible. If vehicular interconnection with an adiacent property is precluded by the existence of wetlands or other environmentally sensitive habitats, then a pedestrian and/or biCYcle interconnection(s) shall be provided. 11. A vehicular interconnection shall be provided between the residential and commercial components of the Subdistrict. 12. Both pedestrian and bicycle interconnections shall be provided between the residential and commercial components of the Subdistrict. Policy 1.1: The URBAN Future Land Use Designation shall indude Future Land Use Districts and Subdistricts for: A. URBAN· MIXED USE DISTRICT 1. Urban Residential Subdistrict 2. Urban Residential Fringe Subdistrict 3. Urban Coastal Fringe Subdistrict 4. Business Park Subdistrict Words underlined are additions; words struek thre6gh are deletions. Agenda Item No. 8D January 25,2005 Page 23 of 114 :- 5. Office and Infill Commercial Subdistrict 6. PUD Neighborhood Village Center Subdistrict 7. Residential Mixed Use Neighborhood Subdistrict 8. Orange Blossom Mixed-Use Subdistrict 9. Goodlette/Pine Ridge Commerciallnfill Subdistrict 10. Vanderbilt Beach/Collier Boulevard Commercial Subdistrict 11. Henderson Creek Mixed-Use Subdistrict 12. Research and Technology Park Subdistrict 13. Buckley Mixed-Use Subdistrict 14. Commercial Mixed Use Subdistrict 15. Davis Boulevard/County Barn Road Mixed-Use Subdistrict I. URBAN DESIGNATION * * * * * * * * * * * * Urban Designated Areas will accommodate the following uses: a. Residential uses including single family, multi-family. duplex, and mobile home. The maximum densities allowed are identified in the Districts, and Subdistricts and Overlays that follow. b. Non-residential uses including: * * * * * * * * * * * * 12. Commercial uses subject to criteria identified in the Urban - Mixed Use District. PUD Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict. Residential Mixed Use Neighborhood Subdistrict, Orange Blossom Mixed-Use Subdistrict, Goodlette/Pine Ridge Commerciallnfill Subdistrict, Buckley Mixed Use Subdistrict. Vanderbilt Beach/Collier Boulevard Commercial Subdistrict, Commercial Mixed Use Subdistrict, Henderson Creek Mixed Use Subdistrict. Davis Boulevard/Countv Barn Road Mixed-Use Subdistrict: and. in the Urban Commercial District, Mixed Use Activity Center Subdistrict, Interchange Activity Center Subdistrict, Livingston/Pine Ridge Commerciallnfill Subdistrict, Livingston Road/Eatonwood Lane Commerciallnfill Subdistrict. Livingston Road Commercial Infill Subdistrict, and Commercial Mixed Use Subdistrict, and in the Bayshore/Gateway Triangle Redevelopment Overlay. B. Urban Commercial District This District is intended to accommodate almost all new commercial zoning; a variety of residential uses, including higher densities for properties not located within the Urban Coastal Fringe or Urban Residential Fringe Subdistricts; and a variety of non-residential uses. 1. Mixed Use Activity Center Subdistrict * * * * * * * * * * * * The Mixed-Use Activity Center concept is designed to concentrate almost all new commercial zoning in locations where traffic impacts can readily be accommodated, to Words underlined are additions; words struek throagh. are deletions. , N._____.~.. Agenda Item No. 80 January 25, 2005 Page 24 of 114 avoid strip and disorganized patterns of commercial development, and to create focal points within the community. Additionally, some commercial development is allowed outside of Mixed Use Activity Centers in the PUD Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict, Interchange Activity Center Subdistrict, Traditional NeighBorhood De&ign SYBdistrist, Residential Mixed Use Neiahborhood Subdistrict. Orange Blossom Mixed-Use Subdistrict, GoodlettelPine Ridge Commercial Subdistrict, Vanderbilt Beach/Collier Boulevard Commercial Subdistrict, LivingstonfPine Ridge Commerciallnfill Subdistrict, Henderson Creek Mixed Use Subdistrict, Livingston RoadfEatonwood Lane Commerciallnfill Subdistrict, Livingston Road Commerciallnfill Subdistrict, Buckley Mixed Use Subdistrict. Davis Boulevard/County Barn Road Mixed-Use Subdistrict. and the BayshorefGateway Triangle Redevelopment Overlay and by Policies 5.9, 5.10, and 5.11 of the Future Land Use Element. CP-2004-5 EXHIBIT A cCPC G, Comp, David gh-dw/12-134t Words underlined are additions; words straek thfeygk are deletions. Agenda Item No. 80 January 25, 2005 Page 25 of 114 EXHIBIT A CPSP·2004-7 POTABLE WATER SUB-ELEMENT OF PUBLIC FACILITIES ELEMENT Policy 1.2.2, 1 et paragraph [page 23] Policy 1.2.2: Consistent with the urban growth policies of the Future Land Use Element of this Plan, provision of central potable water service by the County is limited to the service areas shown in this Plan and depicted on the Collier County Water District Boundaries map (Figure PW-1); the Existing and Future Potable Water Service Areas map (Figure PW- 2), which includes the Rural Transition Water and Sewer District; within the Rl.lral Transition Water and Se.·J8r District Mirasol map (Fi9w~e PW 2.1 ); and, to areas where the County has legal commitments to provide facilities and services as of the date of adoption of this Plan. Additionally, Towns, Villages, Hamlets, and Compact Rural Developments within the Rural Lands Stewardship Area Overlay may be served by the County, at the County's discretion; presently, the County has no plans to serve any portion of the Rural Lands Stewardship Area Overlay. This Overlay is depicted on the countywide Future Land Use Map and map series. Policy 1.2.4, 1et paragraph [page 24] Policy 1.2.4: Permit development of potable water supply systems as follows: within the Designated Urban Areas of the Plan, including the outlying urban areas of Immokalee, Copeland, Chokoloskee, Plantation Island, and Port of the Islands; within the areas depicted on the Collier County Water District Boundaries map (Figure PW-1); within the Existing and Future Potable Water Service Areas map (Figure PW-2), which includes the Rural Transition Water and Sewer District; within the RloIral Transition '."later and Sewer District Mirasal map (Figl.lre PV'J 2.1 ); in Sending Lands within the Rural Fringe Mixed Use District when Density Blending, as provided for in the Density Rating System of the Future Land Use Element, is utilized; in Towns, Villages, Hamlets and Compact Rural Developments within the Rural Lands Stewardship Area Overlay; and, in. areas where the County has legal commitments to provide facilities and services as of the date of adoption of this Plan. For lands within an area to receive County water service, but in which County water service is not currently available, non-County potable water supply systems shall only be allowed on an interim basis until County service is available. Policy 1.5.1 [page 29] Policy 1.5.1: Discourage urban sprawl by permitting universal availability of central potable water systems only: in the Designated Urban Area, in Receiving and certain Neutral Lands within the Rural Fringe Mixed Use District, in the Designated Urban-Rural Fringe Transition Zone Overlay, and in the Rural Settlement District, all of which are depicted on the Future Land Use Map, and in Towns, Villages, Hamlets and Compact Rural Developments within the Rural Lands Stewardship Area Overlay. These areas are further identified as: within the Collier County Water District Boundaries on Figure PW-1 of the Potable Water Sub-element, except the outlying urban areas of Immokalee, Copeland, Chokoloskee, Plantation Island, and Port of the Islands; or within the Rural Transition Water and Sewer District Boundaries on Figure PW-2 of the Potable Water Sub-element; or in Sending Lands within the Rural Fringe Mixed Use District when Words 8wek thftntgi! are deleted; words underlined are added. 1 Agenda Item No. 80 January 25, 2005 Page 26 of 114 Density Blending, as provided for in the Density Rating System of the Future Land Use Element, is utilized; within the Rural Lands Stewardship Area Overlay, as each Town, Village, Hamlet, and Compact Rural Development is designated; and, in areas where the County has legal commitments to provide facilities and service outside the Urban Area as of the date of adoption of this Plan. WithiR Section 15 (To\'JAship 4& SmIth, Range 26 East) mtne approved MiraBel PUD, '::hich is designated Nel:ltral, central potable 'Nater syõtoms may be permitted. This Br:e3 is depicted on the Rl:lral Transition W-ater and Sower District Mimsol map (Figl:ll:e PW ~ Figure PW - 2.1, Rural Transition Water & Sewer Dlstrlct-Mirasol DELETE. SANITARY SEWER SUB-ELEMENT OF PUBLIC FACILITIES ELEMENT Policy 1.1.2. 1st paragraph [page 25] Policy 1.1.2: Consistent with the urban growth policies of the Future Land Use Element of this Plan, provision of central sanitary sewer service by the County is limited to: the service areas shown in this Plan and depicted on the Collier County Sewer District Boundaries map (Figure SS-1); the Existing and Future Sewer Service Areas map, which includes the Rural Transition Water and Sewer District (Figure SS-2); the Rl:lral Tmnsition Water and SS':.!8r District Mirasol map (Figl:lr:e P'.".' 2.1 in the Potable '/'Jater SblÐ elemeRt); Sending Lands within the Rural Fringe Mixed Use District when Density Blending, as provided for in the Density Rating System of the Future Land Use Element, is utilized; and, to areas where the County has legal commitments to provide facilities and services as of the date of adoption of this Plan. Additionally, Towns, Villages, Hamlets, and Compact Rural Developments within the Rural Lands Stewardship Area Overlay may be served by the County, at the County's discretion; presently, the County has no plans to serve any portion of the Rural Lands Stewardship Area Overlay. This Overlay is depicted on the countywide Future Land Use Map and map series. Policy 1.5.1 [page 31] Policy 1.5.1: Discourage urban sprawl by permitting universal availability of central sanitary sewer systems only: in the Designated Urban Area, in the Designated Urban-Rural Fringe Transition Zone Overlay, in Receiving and certain Neutral Lands within the Rural Fringe Mixed Use District, and in the Rural Settlement District, all of which are depicted on the Future Land Use Map, and in Towns, Villages, Hamlets, and Compact Rural Developments within the Rural Lands Stewardship Area Overlay. These areas are further identified as: within the Collier County Sewer District Boundaries on Figure SS-1 of the Sanitary Sewer Sub-element, except the outlying urban areas of Immokalee, Copeland, Chokoloskee, Plantation Island, and Port of the Islands; within the Rural Lands Stewardship Area Overlay, as each Town, Village, Hamlet and Compact Rural Development is designated; or within the Rural Transition Water and Sewer District Boundaries on Figure SS-2 of the Sanitary Sewer Sub-element; or in Sending Lands within the Rural Fringe Mixed Use District when Density Blending, as provided for in the Density Rating System of the Future Land Use Element, is utilized; and, in areas Words st:n!ek tlH:el:igR are deleted; words underlined are added. 2 Agenda Item No. 8D January 25, 2005 Page 27 of 114 where the County has legal commitments to provide facilities and service outside the Urban Area as of the date of adoption of this Plan. '.^Jithin Section 15 (To't.mship 48 South, RaAge 26 East) of the appr<v.~C; Mirasol PUD, v:hioh is designateE:i NeytFal, centml saFlitary seVIer systems may be permitted. This ar:ea is E:iepiçt:ed on the Ryral TF8ASitisFI './}.t.ater and Se\f.~r District MiF8801 map (P'.^, 2.1 ). CAPITAL IMPROVEMENT ELEMENT Policy 1.4.5 [page 10] Policy 1.4.5: Public facilities and services provided by Collier County with public funds in accordance with the 5-year Schedule of Capital Improvements in the Capital Improvements Element will be limited to Service Areas established within the boundaries designated on Map PW 1 titles, "Collier Coynty's Three (3) Water ans/or SeINer DistriÐts 8oynsaries" Fiaure PW-1, "Collier County Water District Boundaries", and Fioure PW-2. "Existino and Future Potable Water Service Areas", aAB PW 3 titleB, "RYF81 TF8nsition Water & Se\wr Di6tr~ot" appeariAg in the Potable Water Sub-Element of the Public Facilities Element. and on Fiaure SS-1, "Collier County Sewer District Boundaries", and Fioure SS-2. "Existino and Future Sewer Service Areas", in the Sanitarv Sewer Sub-Element of the Public Facilities Element. for '/:atar and 601f.'er. Road improvements will be provided as designated on the Schedule of Capital Improvements appearing in the Capital Improvement Element. All other public facilities and service types will be provided on a County-Wide availability basis. GOLDEN GATE AREA MASTER PLAN Map 7, Santa Barbara Commercial Subdistrict. Revise to distinguish between the original Subdistrict boundaries and the expanded boundaries as approved 10/26/04. Map 8, Golden Gate Parkway Professional Office Commercial Subdistrict, Correct the map title and legend to identify this as a Subdistrict, not District. Also, in the legend, delete the phrase "Golden Gate Parkway Residential District". Golden Gate Parkway Professional Office Commercial Subdistrict [page 22] Golden Gate Parkway Professional Office Commercial Subdistrict The provisions of this Subdistrict (see Map 8) are intended to provide Golden Gate City with a viable PQrofessional GQ.ffice Commercial QQ.istrict with associated small-scale retail as identified under item A, below. The Professional Office Commercial District This Subdistrict has two purposes: . to serve as a bona-fide entry way into Golden Gate City; and . to provide a community focal point and sense of place. The uses permitted within this district are generally low intensity, office development, associated retail uses, and community facility uses, such as churches, which will minimize vehicular traffic, provide suitable landscaping, control ingress and egress, and ensure compatibility with abutting residential uses. Words s'ef'liek tlH:el:lgk are deleted; words underlined are added. 3 Agenda Item No. 80 January 25, 2005 Page 28 of 114 A. For projects contained wholly within the original Professional Office Commercial CSubdistrict with a minimum depth of 150 feet as measured from the property line adjacent and parallel with Golden Gate Parkway, the following small-scale retail uses are permitted: Pine Ridge Road Mixed Use Subdistrict, 5th bullet [page 18] Pine Ridge Road Mixed Use Subdistrict 5111 bullet · The eastern ~ 2.5 acres, more or less, of Tract 28 shall be preserved as wetlands and no development may occur within this area. Randall Boulevard Commercial Subdistrict, 1M paragraph [page 29] Randall Boulevard Commercial Subdistrict Recognizing the unique development pattern and characteristics of surrounding land uses, the Randall Boulevard Commercial Subdistrict has been designated on the Golden Gate Area Future Land Use Map. The Subdistrict is comDrised of the followina DroDerties: Tract 71. Golden Gate Estates, Unit 23: and the East 165 feet of Tract 54, Golden Gate Estates. Unit 23. See Map 14. FUTURE LAND USE ELEMENT Policy 1.1B [page 11] Policy 1.1: The URBAN Future Land Use Designation shall indude Future Land Use Districts and Subdistricts for: B. Urban - Commercial District 1. Mixed Use Activity Center Subdistrict 2. Interchange Activity Center Subdistrict 3. Livingston/Pine Ridge Commerciallnfill Subdistrict 4. Business Park Subdistrict 5. Research and Technology Park Subdistrict 6. Livingston RoadlEatonwood Lane Commerciallnfill Subdistrict 7. Livingston Road Commerciallnfill Subdistrict 8. Commercial Mixed Use Subdistrict 9. Livinaston/Radio Road Commerciallnfill Subdistrict 10. Livinaston RoadNeterans Memorial Boulevard Commerciallnfill Subdistrict Policy 1.5 [page 12] Policy 1.5: Overlays and Special Features shall include: A. Area of Critical State Concern Overlay B. North Belle Meade Overlay C. Natural Resource Protection Area Overlays D. Rural Lands Stewardship Area Overlay E. Airport Noise Area Overlay F. Bayshore/Gateway Triangle Redevelopment Overlay G. Urban-Rural Frinae Transition Zone Overlav ~ H.Coastal High Hazard Area Boundary Þk 1. Traffic Congestion Area Boundary h!. I ncorporated Areas Words swek tRæiigh are deleted; words underlined are added. 4 Agenda Item No. 80 January 25. 2005 Page 29 of 114 Urban Designation, b.12. [page 21] I. URBAN DESIGNATION Urban Designated Areas on the Future Land Use Map include two general portions of Collier County: areas with the greatest residential densities, and areas in close proximity, which have or are projected to receive future urban support facilities and services. It is intended that Urban Designated Areas accommodate the majority of population growth and that new intensive land uses be located within them. Accordingly, the Urban Area will accommodate residential uses and a variety of non-residential uses. The Urban Designated Area, which includes Immokalee and Marco Island, represents less than 10% of Collier County's land area. The boundaries of the Urban Designated Areas have been established based on several factors, including: patterns of existing development; patterns of approved, but unbuilt, development; natural resources; water management; hurricane risk; existing and proposed public facilities; population projections and the land needed to accommodate the projected population growth. Urban Designated Areas will accommodate the following uses: b. Non-residential uses including: 12. Commercial uses subject to criteria identified in the Urban - Mixed Use District, PUD Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict, Residential Mixed Use Neighborhood Subdistrict, Orange Blossom Mixed-Use Subdistrict, GoodlettelPine Ridge Commercial Infill Subdistrict, Buckley Mixed Use Subdistrict, Vanderbilt Beach/Collier Boulevard Commercial Subdistrict, Commercial Mixed Use Subdistrict, Henderson Creek Mixed Use Subdistrict; and, in the Urban Commercial District, Mixed Use Activity Center Subdistrict, Interchange Activity Center Subdistrict, Livingston/Pine Ridge Commercial Infill Subdistrict, Livingston Road/Eatonwood Lane Commerciallnfill Subdistrict, Livingston Road Commerciallnfill Subdistrict, eRG Commercial Mixed Use Subdistrict, Livinaston/Radio Road Commerciallnfill Subdistrict. Livinaston RoadNeterans Memorial Boulevard Commerciallnfill Subdistrict, and in the Bayshore/Gateway Triangle Redevelopment Overlay. Mixed Use Activity Center Subdistrict, 2nd paragraph [page 40-41] Mixed Use Activity Center Subdistrict The Mixed-Use Activity Center concept is designed to concentrate almost all new commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development, and to create focal points within the community. Additionally, some commercial development is allowed outside of Mixed Use Activity Centers in the PUD Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict, Interchange Activity Center Subdistrict, Tr-ac;Jitional Neighborhood Design Residential Mixed Use Neiahborhood Subdistrict, Orange Blossom Mixed-Use Subdistrict, Goodlette/Pine Ridge Commercial Subdistrict, Vanderbilt Beach/Collier Boulevard Commercial Subdistrict, Livingston/Pine Ridge Commerciallnfill Subdistrict, Henderson Creek Mixed Use Subdistrict, Livingston Road/Eatonwood Lane Commerciallnfill Subdistrict, Livingston Road Commerciallnfill Subdistrict, Buckley Mixed Use Subdistrict. Commercial Mixed Use Subdistrict. Livinaston/Radio Road Commerciallnfill Subdistrict. Livinaston RoadNeterans Memorial Boulevard Commerciallnfill Subdistrict. and the Bayshore/Gateway Triangle Words 81iIUsk ~ are deleted; words underlined are added. 5 Agenda Item No. 8D January 25, 2005 Page 30 of 114 Redevelopment Over1ay and by Policies 5.9, 5.10, and 5.11 ofthe Future Land Use Element. Vanderbilt Beach/Collier Boulevard Commercial Subdistrict, 1M paragraph [page 27] Vanderbilt Beach/Collier Boulevard Commercial Subdistrict This Subdistrict is located in the northwest quadrant of the intersection of Vanderbilt Beach Road and Collier Boulevard, consisting of approximately 33.45 acres of land for the existing area and 15.88 acres of land for the expansion area,, as depicted on the Vanderbilt Beach/Collier Boulevard Commercial Subdistrict Map 5-8-. The intent of the Vanderbilt Beach/Collier Boulevard Commercial Subdistrict is to provide convenient shopping, personal services and employment for neighboring and Golden Gate Estates residential areas, as well as to promote mixed-use development (residential uses over commercial uses). The Vanderbilt Beach/Collier Boulevard Commercial Subdistrict will reduce driving distances for neighboring and Golden Gate Estates residents, assist in minimizing the road network required, and reduce traffic impacts in this part of Collier County. This Subdistrict is further intended to create a neighborhood focal point and any development within this Subdistrict will be designed in a manner to be compatible with the existing and future residential and institutional development in this neighborhood. CONSERVATION DESIGNATION, letter "a." below 31'11 paragraph [page 73] CONSERVATION DESIGNATION Natural resource protection strategies and standards for development in the Conservation Designation are found in the Conservation and Coastal Management Element and the County's Land Development Regulations. The Conservation Designation will accommodate limited residential development and future non-residential uses. The following uses are authorized in this Designation. a. For privately held lands, single family dwelling units, and mobile homes where the Mobile Home Zoning Over1ay exists, at a maximum density of one dwelling unit per five gross acres, or one dwelling unit per 3 gross acres for private in-holdings within the Big Cypress National Preserve in existence Drior to October 14, 1974 - each dwelling unit must be physically situated on a minimum five acre parcel, or minimum 3 acre parcel for private in-holdings within the Big Cypress National Preserve in existence Drior to October 14. 1974. This Plan does not allow residential density on publicly owned lands. FUTURE LAND USE MAP (countywide) Lely Mitigation Park. Change Future Land Use Map designation from Urban, Urban - Mixed Use District, Urban Residential Subdistrict, to Conservation [change map color from yellow to green]. Site is located on west side of Collier Boulevard (CR-951), adjacent to north of Naples Lakes Country Club PUD, in Section 15, Township 50 South, Range 26 East. Site is zoned PUD, The Club Estates (comprises the souther1y portion of this PUD), and consists of approximately 99.3 acres. Americas Business Park. Change Future Land Use Map designation from Urban, Urban-Industrial District, to Conservation [change map color from gray to green]. Site is located on the north side of future Livingston Road East-West, and on the east side of Words stfuek tlH:eligh are deleted; words underlined are added. 6 Agenda Item No. 80 January 25, 2005 Page 31 of 114 the Seaboard Coastline Railroad. in Section 10, Township 48 South, Range 25 East. Site is zoned I, Industrial, and consists of approximately 77.3 acres. Clam Bay NRPA. Add the name and striping pattern to denote this is a NRPA (Natural Resource Protection Area). Southern Golden Gate Estates NRPA. Add the name to this NRPA. Industrial Designation in vicinity of Immokalee Airport. Change all of the Industrial designation [gray] to Urban [yellow]. Wiggins Pass Road, and US-41/0Id US-41 intersection. Revise the FLUM to shift both features approximately 1/4 mile to the north. Note referencing forthcoming map addition to depict FSA's, HSA's and WRA's in the RLSA Overlay Area. Delete, and replace with reference to the Stewardship Over1ay Map. Specifically, the map notation would change as follows: FSA's, HSA's and WRA's will be added to the RLSA Ove¡:ay ,^.r-ea Details of the RLSA Overlav Area are shown on the Future Land Use MaD titled: "Collier County Rural & Aaricultural Area Assessment Stewardshio Overlay MaD". NRPA in map legend. In the map legend, under Over1ays and Special Features, spell out the NRPA abbreviation. Specifically, the change would read as follows: Natural Resource Protection Area (NRPA}. FUTURE LAND USE MAP - MAP SERIES Vanderbilt Beach/Collier Boulevard Commercial Subdistrict Map. Map revised to add the expansion area approved on October 26, 2004, and to distinguish between the original Subdistrict area and the expansion area. Mixed Use & Interchange Activity Center Index Map. . Revise to accurately reflect boundaries of all Activity Centers. Activity Center #19 Map. DELETE. Orange Blossom Mixed Use Subdistrict Map. Establish a new map depicting this existing subdistrict adopted on May 9.2000. Conservation Designation Maps. Establish two new maps, one depicting the Americas Business Park site and one depicting the Lely Mitigation Park site, to correlate with the change to the countywide FLUM to designate these sites as Conservation. Words swek tàl'eIigk are deleted; words underlined are added. 7 Agenda Item No. 80 January 25, 2005 Page 32 of 114 Raso Exhibit A CPSP-2004-7 to CCPC TransmlttalG, Comp, Compo Plan Amendments, 2004 petitions dw/11-18-o4 Words swelt tMeligB are deleted; words underlined are added. 8 ~ I Ii ~ I il a > ; II II i i ë < I' i . i ¡~ ! .. ! ! 81 H. ~ g! d ~ Ih ~f<i m !! C ë ~ tag ¡ .. 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I " I- 1-75 S.R. /J. 21011. 1ft iñ MIXED USE & INTERCHANGE ACTIVITY CENTER INDEX MAP 1ft iñ I- o ,1¡'11, I- 5¢AL.t PRl.PAR~D HY; GRAPHICS AND ÎeCHNICAl. SUP;JORJ SlCTION COMMUNITY O:;:VELOPM[N-:- AND E:NV,R01\MENTAl SERV!Ct5 DJ\IISJON F1LE:: C;PSP-2004-7E.DWG DA.TE: 11/2004 lit 25 E R itS E Ol.C)v I cog;:: ON- .. Z .0 _ E~~ f 2 è.:'Q) U -CtlO) CtI:::::ICtI '0 c: a.. c:CtI Q)-' 0) « . or! e Ø'I ~ ¡ ~ ad IU !i .. ~ ' Z , l ~ I f ~ ~ I >:i! ¡: ~ ~ : I --.-1-.... 1--l-'-'-I1-~' ~Ii: " ¡ r HI ~ !!' I '" o ~ ~., ~ Z ,&! ::> ¡g III ' 0:: t:I ~ z lIi~i:s ~ II II i:! 2. ß ¡¡;¡ -J ~ g ~ ~ I ¡; ¡;¡ ~ :;¡ ~ ~ ~ B !¡D~ i ¡ ~ ~I ~i¡ ¡I~ ~Æ~ I" ~~ ~I~ 5~' ~~~ ~~t ~~~ c( t: III i - -~-- H ! I \ ., m·ò gl! "Ii ., j ~ o htlllllWm·.....,. IIWIM c c c ¡ g I .. I , ~I ! .. .. gB ..~ / \. Ø,ir' J ,- !ii, '" 11¡1 .. /' 0í:~ 5.llíì !.'Ìí" --:1 (v (~ 18 ! ~fuJ ;:E~ - I I...... ._ ! ~ ~n:j[JjI!m!J[;£Jè'~ . "'-. I ;q'- ~. -::l~ ,;3.~'~ I '¡ i i "ì~>-_ J 'iiI I )1", .--_.1, .m ',- ~ 'CJ£ iiW' ' Q' ì ~ ¡¡¡j ):.jjL'J/ 1(1 i " · Þ / /'-ì f-._ " Ii ~. .-::-.-<;' (/ "'--"'.--.. \ / . I! . .... '(' .~ /. Æ I / I J / . I I ¡-_______' !!! ..~ ~ .. ~ .. ... 1.0""" ,0"- . 0"- ;N_ ~ fE ~. ~ u!ê è:'Q) rogJe> -oCro croQ.. ;(1)"":> Ie> 1d= I ~ .. -- C:.:::) \Ii ~ / /-'J 'II \ ,Y\S:g;Z;:f7N-;¡;-- '\ ~B8 ~~~~Yt~ ~ ~ß; ~ci'&'W "- C1 ~ ~ f(Y' tPJ,.tt "'-'I5J ~3§pJ61t ~ n ~ ^ a I ~fI D ~,- <:::t dJ II {I.. t-- Ir;::. C 'j \~,,¡f)J I ~ fJfi1 (? ~ ð II?!@ ); Ê:¡ 131à/,' y ~ '" " """ ~ m£vi? ~;g'? it ~;;:JfffJ E-< ~ l- )-1î::?i' --...' ì~~\ - ,,);:J £2 OWlY ^ ~ ^"-UI /::'\L ~ fß ' CD \::::, ß't~ """ i < _ -::-.~ ~~~ ~_JJ____ ~_: <c: ¡::¡ :> ...... d f-- 71 IT1-;:~~ -L JJIlJI~ ~ r-~ ~ ~ ~ rg ": "-~~ c" =- ~ ¡! 1-1 0 >< II~<.~--J II rnf' ' ","' \ ¡¡¡ I ~ § w');(j I ~' J ~l LO ~ ~ I '" P ,,~o z.,,[ --, 1 ...m I I I I ¡ ~ ~ <c: 0.. r:/) r:/) ~ () . ÆSl» ~~' ;: 'f- ~ I ~~ ~ y' i . :::. - . ¡). G ~'îl ~I\\ I I . I ,,_=HHU ~ ' C'~ JI I . I ~-=_rc ,I Irrl~ ~ j I J _- 1---.1--1 ~ 11î0-- :;; ""..-AI ¡,é < Iii ~\r ~ \ I ~,L i~ L I I~,"~)!~:;I ~ì I ~ ~ ~~ I I ~~Yf~'i~;' jlllibll' :~~b~' I,,~ ~ ' ;lblr~1 ""'" ~' 'kJ t:.. ~ ~ = ''''' . '. ,~." ~\ìY~ ~ ---'" ""w o!l1 ¡t--' :J~.q- (f)ZD ~~~ '-'¡s? zæ G>~ "'z>-- I-W<:I ",I ~~ ) (f)c-to uz~ I:WD ~~~ cigl to",'" >0 tx;~~ o~o.. ~z~ <e::>U Q.::E ~êi~, c...uc:i i EXHIBIT A CPSP-2004-07 Agenda Item No. 80 . January 25, 2005 Page 42 of 114 f,1AP 7 SANTA BARBARA COMMERCIAL SUBDISTRICT - COLLIER COUNTY. FLORIDA I 94 115 99 l 95 98 116 J 117 :¿<41H "1ÆNUE S.W. I 11ti 96 97 119 8 II:¡~ ] &~-~@, ~' 3 : ª ~ 4l I : 22ND ÞU.CE S. Va'. ~ ! i ~ j' I , I . " '6 ~ ~ I'" I \. '" í @j ~ é '- I ,I I OfF' I II I IU':' 106 ,-----, I LOT 1 LCT 2 ~ IV:;: ! 9<1 99 i 110 W I 9± I j I ! I I 112 GOLDrN GATE PARKWAY H 113 r ' ~ARt<WA y þrlllTE~ 2 . 3 L. , ! SANTA BARBARA COJlJiERCIAL SUBDlSrRlC'/' LEGEND PREPARED BY; GRAPY!CS AND TEC"oNICAL SUPPORT SECTION COMMUNITY DEVéLOPME'T AND E'V1RONMENTAL SERVlCES )IVSION FILE; CPSP-2004-7G.DWG DATE' 12/2004 "'-'lE 1++-1 ro<:FT ""'" i III , ORICINAL SUBDISTRICT . SUBDISTRICT IIXPANSJON 21 ColJ1er County, ¡;;Iorlda EXHIBIT A MAP 8 GOLDEN GATE PARKWAY PROFESSIONAL OFFICE COMMERCIAL DtSTRJ-CT CORONADO PARKW.AY 1 " I ! ...." DlX¡( p~mY @ ~ ::J ; ~ ! ~ í: e UOI..OEN oÁ11: CANAl- i 'I ""'Eli. '" P {;;{~E~~<IHI"L .'51R10' PREPARED BY: GRAPHICS AND TECHNICAL SUPPOR- SECTION COI.<MUNITY JEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION FILE: CPSP-2004-7F.DWG OATE: 12/04 ""'-E I """ I- PRO"ESSIONAc OF"F":CE _ SUBDISTRICT oOOOFT 24 ~ r~v ~ 00°..- I .o~ Q. ON- CIJ Z .0 &E~:g: Ijj~ il] I I I I \ I ¡-- z o ...... E-< -t: Z Ö ...... i rJ) i~ Q Z S ~ E-< CI -t: ..... :> ~ 0:: 3 ~ t::., < rJ) - I- Z ~ iñ I 0 z _ ' Ü :::J ;:; I I 0 ûI ~ 0 0:: ~ -t: r:¡ p.,. ,...¡ ,...¡ I Z 0 ISo E-< <: ö ~ ~ >- ....:¡ ~ ....:¡ CI ~I §~ -~ ~~ ¡~ ¡ I ~o w... "'0 wi ...8 UN W' ..,,1:1. !lien :>1:1. enU z ° '" z~ 0" ~tj ~> ~'" "'w o~ ~~~ -,i3~ o(::I!cri ~~¡ ê3~ caci.. ~~~ ~§~ S~~ 5~ 5"w"" ::Jog 8t~ ~~;: ~~8 ,"0< o.uo EXHIBIT A ORANGE BLOSSOM MIXED USE SUBDISTRICT COLLIER COUNTY, FLORIDA = 08 -~,-,~-.._~...-,- PIN:: RODGE R~ PREPARCD oy: GRAPHJCS AND TECHNIC,I.,L S\JPPORT SECTION CO~IAUN1T'f OE:l/El.OPMEJlóT AND ENVlRONM(NÎAL SERVlCES DIVISION DATE: 1/200~ FILE: CPSP-20Q4-7D.DWG ! COO fT. 1000 F"J. - IS ---~--_....-_._- IL LEGEND .."" I ~ SUBDISTRI C- EXHIBIT A CPSP.~ V ANDERBIL T BEACH I COLLIER BOULE V ARD COM~ERCIAL SUBDIS+fiYá~~~~5~~'O~~ COLLIER COUr-.:TY, FLORIDA Page 46 of 114 ilr-" ~~ÎI: I 1.1 :I~ '¡- i rr -r \ ru{' ~ I~:::lilii::::I~il'~ ,II II, I ~ rl 0-, i~ I: I II III I ~ II I II I lL I! ,I \ II r ~ \ I ¡I,! \ ¡Ii, , , Ii ! fIfffJ --v \ I ! !lic-,^~~o 0~\ ~ , I II, II I _j~t[~,:Âr~'~ i i r--' } , 'c::::=:::J. ~ \~ ~. ;rti~ i '/ ,~"- I( 'I ~~ ~ ' ""0<\11 'AT>< ' ...1 j~ I I I II 'I I 7rL ""'" C ,,(. , , I' ! ' I' I ,I i, I I i I ii' I I 5;t Ak~UE NW ' Ii, II' I I I I I III I' I' , I I' I Iii I j I 3J, ,kN N" I I ! I 1 I " AJ..NI N 1-\1 \ i I I \ I I I I I ~ I I ~, 1\ ¡·Il) I ~ ( I I I -Sll I (~~ U~ \ ,~ ~~ I~',il ~¿h~'J I~~~ ~:;:; '---"~ ~~r-'· Ulill ~ 'c-' , VA~DERBIL T BEACH ROAD ULJ II : u-¡ I I I-RJy boo RI' o ' - Iii,: I,: I I H KaL /.00 DR VE 1 r=:--l c II i I ~i~! I , ;-~ I~' I ! I :-- ~EJ : I~" '---- ¡------¡I . I Ii I ~~ll ril~i 1 AlirNl~r I I I ! I : 5 A1.'EN E N r ! III I I i . -., , 3" NE1 I u.i ¡ I I ¡ ! I I , I C RA~ WO D '1M : ~H F=IR' f-- . f-- I! II , ! i : I I i , ! i ' ; I I! , T .kNJE N~ A.I( WO D lYE' I I I II: i I I I ! HH, PREPARED BY: GRA~HICS AN:) TECHl-.iICAl Sl;PFORT SECTION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SEqY¡:::E:S DIVISIOto.; OATE: 11/2004 FJLE; C?SfJ-:l004-1C.OWG ~ 10QO F1 2000 fT. SCALE , : I I I I . . I I I -- LEGEND ~ ORIGINAL ~ SUBDISTRICT ~ SUBDISTR,CT ~ EXPANSION EXHIBIT A R 21 E I I RURALTRAN SITION 18 I 17 i 1 ,. I WATER & S EWER I '0 DISTRICT - M IRASOL ! 3C ,. FIGURE PW -2.1 " .w . . - ¡ I 10 I I' 12 7 II' " I 1. " 1& 17 I ~ , " . 1--.."., '... ~ ""'~~' 10 11 I 7' ð 9 ,,~ :-1, ~1;::~ i¡ IJ ~ ~-'". \ 10 \ " I --nTrFf ~ ~'~.I. '... I \ _~;"k~ \~' .~~... l 22 2.3- 24 19 20. 21 " 23 '. , JO ,. 1 ",,~ i :·'i ,. _.if O' 1'-:-+-- .~ 31 \ ï \ " i J4 \ >0 ~ ~: JI 1\ /:) N w E s ,~ LEGEND fXlSTINC W;., ìæ 011 SL'M:~ DISTRICT ----- RURAL TRANSITION WAT[R At: SEWER DISTRICT PREPAAED 8'1': GRAPIiICS AND TECHNICAL ~PPORT SECTION COt.l!,!UNI'!'!' OEVELOPt.iEN1 AND ENVIRONMENTAL SERV1crS OI....S10N DATE: 12/04 FILf: CPSP-í'G04-7H.DWG II 22 2J. 24 1 lJ...- IOIWI :-,~u , ~ "'2.1" JO ,. ~.. l --..... I ~~"'J. ~. JI J' n, J' ",' · D ..~~::. IR 2 . i 61 i J t 2 U ~ · · ~'i ! 11 I" ,rn "~ "",,~, " "~ , ~ 2~'·~0 2. ì .. :;:::.::: 2& 2' I.... '" J& 31 I 1 I I/~- ~~~~ >2 I JJ . J. ,. ~è-~,U ~I ~r ,I, >--r r ~IÏ__" ,. 7 · . 10 11 v..(~,. 1J r I~ 'J11 1. '8 i 17 24 Hi II 20 .....1.. I ~ ,. 25 ~ J6' " '" I 2. " " I 10 I" IJ - " . '''~...:t=: E 21 22 œ 2",,-- Hi "_ ~ ~ -J 1-1---......0 ,. '7 , ., ::::.æt: --...... -. --....... T ___ 33 ...1J6~ I J4 I ':::::=- ¡...-...u.. 1 ,=...:: -~~- ,¡ J I.J 11! ~ · 2~ ~._'..:-- ~ , ~ J i R ,__ ~ _ !...-...uL fD 1J 11= · ~ ~~ I:::&::: X ~~ ._.. _, 1..-..... R 'Z7 E 4 J CPaN004007 ,t.(be~a ftem Nd, 80 January 25, 1005 Page 47 0 114 . Q: ... 2 . '^ =::: --.....- J6 ;:.,¡,;::;- ~ 87 26 I 25 I I \J4\~·13. o 20 !21 ,. .. J It;$\ "'. \ :~¡;:;;:;: , ,............, .....t=': 13 ~ I ¿i ........... 2. ~ .~-' ,. ~ I ~ j>UiiL .- 30 Þu. .., ¡..n.'-irj \ _uw' 1 ~ . , ... ~ 32 21 22 128 1 I " " 34 .. =1 12 :::- 7. ! I I _. I 13 ,. . I 2' ;0 T~ ... '" 'n 5 . I J 2J " J6 ,,. I""'" : I '0 ¡ l' 2 ,::- i ~ ~t I ~ . ;¡ ... :::- ... JO Agenda Item No. 80 Agenda Item 8D January 25, 2005 Page 48 of 114 Co~~ Çou--nt~ STAFF REPORT COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION RE: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION, COMPREHENSIVE PLANNING DEPARTMENT JANUARY 6,2005 PETITION NO. CP-2004-1, GROWTH MANAGEMENT PLAN AMENDMENT (TRANSMITTAL HEARING) FROM: DATE: AGENT/APPLICANT/OWNER Agent: Dwight H. Nadeau RWA Consultants, Inc. 3050 North Horseshoe Drive, Suite 270 Naples, FI 34104 Applicants: Mr. Richard Davenport San Marino Joint Venture 14627 Collier Boulevard Naples, FL., 34120 Samuel J. Durso. M.D. San Marino Joint Venture 1550 Tamiami Trail East Naples, FL. 34113 Owner: San Marino Joint Venture, A Florida Partnership 14627 Collier Boulevard Naples, FL., 34120 GEOGRAPHIC lOCATION: The subject property contains 196 acres more or less and is located on the East side of Collier Boulevard (CR-951), lying south of Forest Glen of Naples, north of Willow Run Quarry and approximately one and one-half (1.5) miles south of the intersection of CollierlDavis Boulevards. The parcel lies within the Royal Fakapalm Planning Community in Section 11, Township 50 South, Range 26 East, Collier County Florida. (See attachment MA") words GtR:lok thF9ugh are deleted; words undertined are added 1 _""_'~""""""_"""'""___"'''"'''''''U""''';''..'''"",.;·.",,,," REQUESTED AèTION: Agenda Item No. 80 Agenda ItemJ8~ary 25, 2005 _ P"age 49 of 114 This petition seeks to: 1) Amend the existing Future Land Use Element text of the Collier County Growth Management Plan to include a density bonus of up to 6.0 additional units per gross acre on the subject property in conjunction with affordable home ownership, and subject to the provisions of LDC Section 2.06.00 (Affordable Housing Density Bonus) limited specifically to the subject 196:!:. acre property within the Urban Residential Fringe. The proposed text change adds language under the Urban Designation, Mixed Use District, Urban Residential Fringe Sub-district as follows: 3.) Urban Residential Frinae Subdistrict: [revised text, page 23.2 ] 3. Urban Residential Fringe Subdistrict The purpose of this Subdistrict is to provide transitional densities between the Urban Designated Area and the Agricultural/Rural Area and comprises approximately 5,500 acres and 5% of the Urban Mixed Use District. Residential land uses may be allowed at a maximum density of 1.5 units per gross acre, or up to 2.5 units per gross acre via the transfer of up to one dwelling unit per acre from lands designated as Rural Fringe Mixed Use District Sending or, in the case of properties specifically identified below, a density bonus of up to 6.0 additional units per gross acre may be requested for projects providing affordable housing (home ownership only) for low and moderate income residents of Collier County, pursuant to Section 2:;¡.:¡.. 2.06.00 of the Land Development Code, or its successor ordinance, except as provided for in paragraph "c· below. Within the Urban Residential Fringe. rezone requests are not subject to the density rating system, except as specifically provided in c. below, but are subject to the following conditions: a. All rezones are encouraged to be in the form of a planned unit development; b. Proposed development in the area shall be fully responsible for all necessary water management improvements, including the routing of all on-site and appropriate off -site water through the project's water management system, and a fair share cost of necessary improvements to the CR 951 canal/out-fall system made necessary by new development in the area; and, c. Properties eligible for the Affordable Housing Density Bonus (home ownership only) will be specifically identified herein. The actual number of bonus units per gross acre shall be reviewed and approved in accordance with the conditions and procedures set forth in Section 2:;1..;1.. 2.06.00 of the Land Development Code, except that. Section 2.06.03 2.7.7.3 shall not apply, and the number of dwelling units required to be sold to buyers earning 80% or less of Collier County's median income, as calculated annually by the Department of Housing and Urban Development (HUD), shall be at least thirty percent (30%). The following properties are eligible for an Affordable Housing Density Bonus (home ownership only) of up to 6.0 additional dwelling units per acre. words stn:mk thrcn.tgtl are deleted; words underlined are added 2 Agenda Item No. 80 January 25,2005 Page 50 of 114 Agenda Item 80 1. Property located on the East side of Collier Boulevard (C.R. 951), approximately 6 tenths of a mile south of intersection with Rattlesnake Hammock Road (C.R. 864), in Section 23, Township 50 South, Range 26 East, Collier County, Florida, and further described as follows: THE NORTH ~ OF THE SOUTHWEST ~ OF THE NORTHWEST ~ OF THE SOUTHWEST ~ AND THE NORTHWEST ~ OF THE SOUTHEAST ~ OF THE NORTHWEST ~ OF THE SOUTHWEST ~, LESS THE NORTH THIRTY FEET FOR ROAD RIGHT OF WAY PURPOSES ONLY OF SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA LESS THE WEST 100 FEET THEREOF, AND; THE NORTHEAST ~ OF THE SOUTHEAST ~ OF THE NORTHWEST 1h OF THE SOUTHWEST ~, LESS THE NORTH 30 FEET THEREOF FOR ROAD RIGHT OF WAY, SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND; THE SOUTH ~ OF THE NORTH ~ OF THE WEST ~ OF THE NORTHEAST 1h OF THE SOUTHWEST ~ AND THE SOUTH ~ OF THE WEST ~ OF THE NORTHEAST ~ OF THE SOUTHWEST 1h, SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA SUBJECT TO AN EASEMENT OVER AND ACROSS THE WEST 36 FEET THEREOF, AND; AN EASEMENT 36 FEET IN WIDTH OVER AND ACROSS THE EAST 36 FEET OF THE NORTH ~ OF THE NORTH ~ OF THE WEST ~ OF THE NORTHEAST 1h OF THE SOUTHWEST 1h, SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA, AND TOGETHER WITH; A STRIP OF LAND DESIGNATED AS RIGHT OF WAY OVER AND ACROSS THE NORTH 50 FEET OF THE SOUTH ~ OF THE NORTHWEST 1h OF THE SOUTHWEST 1h, SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY FLORIDA, AND; THE NORTH ~ OF THE NORTH ~ OF THE WEST ~ OF THE NORTHEAST ~ OF THE SOUTHWEST ~, SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA, AND; THE SOUTHWEST ~ OF THE SOUTHWEST ~ OF THE NORTHWEST ~ OF THE SOUTHWEST ~, SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA, AND; THE EAST ~ OF THE NORTHEAST ~ OF THE NORTHWEST ~ OF SOUTHWEST ~ LESS THE NORTH 30 FEET FOR RIGHT OF WAY OF SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA, AND; THE NORTH ~ OF THE NORTHWEST ~ OF THE SOUTHWEST ~ OF THE SOUTHWEST ~, LESS THE WEST 100 FEET OF SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA, AND; words struck through are deleted; words underlined are added 3 ..."þ,......_,..._...........".,""'..·'''i"'''',,''··,,,. Agenda Item No. 80 Agenda tt~'8'Ð25, 2005 '"P'åge 51 o( 114 THE EAST ~ OF THE NORTHEAST ~ OF THE SOUTHWEST ~ LESS THE NORTH 328.19 FEET OF SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY FLORIDA. CONTAINING 55 ACRES, MORE OR LESS. 2. The subiect ProDertv is located on the East side of Collier Boulevard (CR 951). aDDroximatelv one and one half (1.5) miles south of the intersection with Davis Boulevard: Section 11. TownshiD 50 South. Ranoe 26. East. Collier County Florida. and further described as follows: THE NORTHEAST ~ OF THE NORTHWEST ~ OF SECTION 11. TOWNSHIP 50 SOUTH. RANGE 26. EAST. COLLIER COUNTY, FLORIDA. THE NORTHWEST ~ OF THE NORTHEAST 1/4 OF SECTION 11. TOWNSHIP 50 SOUTH. RANGE 26 EAST. COLLIER COUNTY. FLORIDA. THE SOUTHWEST ~ OF THE NORTHEAST ~ OF SECTION 11. TOWNSHIP 50, SOUTH, RANGE 26 EAST. COLLIER COUNTY. FLORIDA. THE SOUTHEAST ~ OF THE NORTHWEST ~ OF SECTION 11, TOWNSHIP 50 SOUTH. RANGE 26, EAST. COLLIER COUNTY, FLORIDA. THE NORTH ~ OF THE NORTH ~ OF THE SOUTHWEST ~ OF THE NORTHWEST OF SECTION 11. TOWNSHIP 50 SOUTH. RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE WEST 100 FEET FOR ROAD RIGHT-OF-WAY. THE SOUTH ~ OF THE NORTH ~ OF THE SOUTHWEST ~ OF THE NORTHWEST ~ OF SECTION 11. TOWNSHIP 50 SOUTH. RANGE 26 EAST. COLLIER COUNTY FLORIDA, LESS THE WEST 100 FEET FOR ROAD RIGHT-OF-WAY. THE NORTH ~ OF THE SOUTH ~ OF THE SOUTHWEST ~ OF THE NORTHWEST ~ OF SECTION 11, TOWNSHIP 50 SOUTH. RANGE 26 EAST. COLLIER COUNTY FLORIDA. THE NORTHWEST ~ OF THE NORTHEAST ~ OF THE NORTHWEST ~ OF THE NORTHEAST ~ OF SECTION 11. TOWNSHIP 50 SOUTH, RANGE 26 EAST. COLLIER COUNTY. FLORIDA. THE NORTH ~ OF THE SOUTHEAST ~ OF THE SOUTHWEST ~ OF THE NORTHWEST OF THE NORTHEAST ~ LESS THE WEST 30 FEET AND THE NORTH ~ OF THE SOUTHWEST ~, OF THE SOUTHEAST ~ OF THE NORTHWEST Y4 OF THE NORTHEAST ~ LESS THE EAST 30 FEET. BEING PART OF SECTION 11. TOWNSHIP 50 SOUTH. RANGE 26, EAST. COLLIER COUNTY. FLORIDA. NOTES: BEARINGS ARE BASED ON THE WEST LINE OF SECTION 11. TOWNSHIP 50 SOUTH. RANGE 26 EAST. AS BEING N 00°50'48" E. WHICH IS NORTH AMERICAN DATUM OF 1983.1990 ADJUSTMENT. STATE PLANE COORDINATE SYSTEM FOR THE FLORIDA EAST ZONE. PARCEL CONTAINS 8,556,304 SQUARE FEET OR 196.43 ACRES, MORE OR LESS. 4 (. words struck thr-ÐI:Jgh are deleted; words under1ined are added .""--_.~...,- Agenda Item No. 80 January 25, 2005 _ Page 52 of 114 Agenda Item 8D PURPOSE/DESCRIPTION OF PROJECT: The petitioner proposes to amend the Future Land Use Element so as to allow a future rezone for an affordable housing project at a maximum density of 6 dwelling units an acre. SURROUNDING LAND USE. ZONING AND FUTURE LAND USE DESIGNATION: Existina Conditions: The subject site is currently zoned PUD and comprises 196 acres located within the 235! acre San Marino PUD currently approved for a maximum of 352 residential units. Twenty-one acres of the southernmost 40 acres of the PUD (not part of this petition) are developed with 350 multi-family units. The site is identified as Residential Golf Course and Preserve on the PUD Master Plan. but the site is undeveloped. The current Future Land Use Designation is Urban Mixed-Use District/Urban Residential Fringe Sub-district. Surroundina Land Use: North: Forest Glen of Naples, a 635 acre PUD approved for 1.26 units per acre or 799 dwelling units and 10 acres of commercial uses that allow for a maximum of 100,000 square feet. The site is a developed golf course community with single-family and multi-family dwelling units. The current Future Land Use Designation is Urban Mixed-Use District, Urban Residential Fringe Subdistrict. West: Across Collier Boulevard, Naples National Golf Club PUD, a 320 acre PUD approved for golf course, accessory and ancillary clubhouse facilities and guest suites. The site is developed with a stand-alone golf course. clubhouse facility and guest suites. The current Future Land Use Designation is Urban Mixed- Use District. Urban Residential Subdistrict. Undeveloped land zoned "A" agricultural comprising approximately 40 acres. The current Future Land Use Designation is Urban Mixed-Use District, Urban Residential Fringe Subdistrict. East: Undeveloped land zoned "A" agricultural comprising, and owned by, Willow Run Quarry. The current Future Land Use Designation is Urban Mixed-Use District, Urban Residential Fringe Subdistrict South: Willow Run Quarry, approximately 249 acre Conditional Use for the operation of an earthmining facility on wA" (Agricultural) zoned land. The current Future Land Use Designation is Urban Mixed-Use District, Urban Residential Fringe Subdistrict. .:. words stNck tt:'trough are deleted; words underlined are added 5 Agenda Item No. 80 January 25. 2005 Page 53 of 114 Agenda Item 80 STAFF ANALYSIS: Environmentallmcacts: The environmental report submitted by Passarella and Associates with this petition was dated April 2004. However, the data within the report was too old for staff to consider viable. Page D-1 of that report stated that the listed species and wetlands mapping were done in 1998 and 1999. No review of this document was done by the Environmental Services Department at this time since the data was too old to analyze. A new Environmental Impact statement will be required at the time of the next development order submittal (rezone) at which time a thorough review will be done and a staff report will be brought before the Environmental Advisory Council for their review. Though outdated, the environmental report does confirm that environmental constraints will significantly limit the ability to build the requested 1,178 units. Public Facilities ImDact: The San Marino PUD allows for 352 residential dwelling units or 1.49 units per acre, of which 350 have been developed. The remaining two dwelling units provide the subject property with a base density of 0.01 dwelling units per acre. If the proposed amendment is approved, the subject property will be eligible to request an affordable housing density bonus of up to 6 (six) additional dwelling units per gross acre for the remaining 196 acres of the PUD that is undeveloped, creating up to 1,176 additional dwelling units or 6 (six) units per acre. Therefore, a maximum of 1 178 (1176 + 2 existing units) dwelling units could potentially be developed on the subject site. [This amendment would establish a 6 DUlA bonus. However, that is also the maximum density as the base density of 1.5 DUlA has been utilized in the development of the 350-unit apartment complex.] The demand for water and sewer was calculated based on the development of the 2 (two) remaining allowable dwelling units versus the 1,178 (1176 + 2 existing units) potential dwelling units if the amendment is approved. The impact ofthe proposed change is as follows: PROPOSED·1 ,178 dus CURRENT·2 dus The petitioner states that the property is located within the Urban Designated area and proximate to more than adequate existing or planned public facilities and will not result in a failing LOS of any public facility, even at the maximum proposed density. Although this petition will result in increased impacts upon Category A pUblic facilities, (arterial and collector roadways, potable water, sanitary sewer, drainage, solid waste, community and regional parks), these impacts will not be significant (generating potential for increased County-Wide population greater than 3% of the BEBR high range population projections) with respect to Potable Water, Sanitary Sewer, Stormwater Drainage, Solid Waste, Community and Regional Parks facilities; road impacts are addressed below. .:+ words strl:lsk throblgh are deleted; words underlined are added 6 --'~~ - Agenda Item No. 80 January 25, 2005 Page 54 of 1.14 Agenda Item 8D Traffic Capacitvrrraffic Circulation Analvsis: Capital Improvement Element (CIE) Policy 1.1.2 sets forth that the County Commission shall not approve any rezone request or FLUE amendment that significantly impacts a deficient roadway segment. Policy 1.1.2 states: "Significant impact is hereby defined as generating potential for increased County-Wide population greater than 3% of the BEBR high range population projections for Parks, Solid Waste, Water, Sewer and Drainage facilities, or as generating a volume of traffic equal to or greater than 3% of the adopted LOS standard service volume of an impacted roadway." Staff reviewed the applicant's Traffic Impact Statement (TIS) for the proposed amendment prepared for the petitioner by Metro Transportation Group, Inc. If the proposed amendment is approved, the subject property will be eligible to request an affordable housing density bonus of up to six (6) additional dwelling units per gross acre, which equates to 1,176 additional dwelling units. However, the petitioner's Narrative Statement (Exhibit C) states the environmental constraints identified in the EIS will significantly limit the ability to build the number of units being proposed. For purposes of the analysis, it was assumed that 8111,178 (1,176 = 2 existing units) units could be constructed as multi-family townhome units. The TIS concludes that the roadway links analyzed, as part of the analysis, will not be significantly or adversely impacted by the resultant change to the Growth Management Plan and the Level of Service will remain above the adopted Level of Service threshold for the roadway links analyzed. However, Transportation Planning staff provided the following Consistency Determination: TransDortation Element Consistency Detennination: Transportation planning staff has reviewed this petition's Traffic Impact Statement (TIS). The TIS indicates that the projecfs impacts are significant on Collier Boulevard Northbound at 5.0% and on Davis Boulevard Westbound at 4.3%. (Significance test or significant impact is used as those terms are defined in the GMP.) For the purpose of this analysis, Transportation staff will focus on the segment of Collier Boulevard CR-951 from Rattlesnake Hammock Road to Davis Boulevard in order to determine the Transportation Element significance test since it fronts and provides for the project's only access point. Transportation Staff has provided the attached graph to illustrate the departmenfs findings as it relates to this petition. The County's Transportation Concurrency database has proven to be a useful tool not only for tracking new trips and available system capacity as development orders are sought, but also as a powerful planning tool to project historic trends and identify near future level of service deficiencies. The attached graph illustrates trend analysis conducted on segment 34, CR-951 from year 1999 to 2010. The yellow line represents the vested trips as applied by County policy to this segment. Currently, the County's policy for adding the vested development trips into the system is based on a buildout horizon of seven years applied at 1/7 per year to the impacted concurrency segments. .:. words struck through are deleted; words underlined are added 7 Agenda Item No. 80 January 25, 2005 Page 55 of 114 Agenda Item 8D Transportation staff has determined that Petition CP-2004-1 is consistent with Transportation Element Policy 5.1 of the Growth Management Plan based on the following findings: 1. First quarter ground volume counts are accurate and the trend projection to year 2010 is realistic. Segment 34 is projected to operate at an acceptable LOS at year 2008. 2. The addition of vested development trips is based on County Policy. 3. The addition of project trips is based on this petition's Traffic Impact Statement. The attached graph clearly illustrates that by 2008, the roadway segment 34-CR-951 is projected to operate at an acceptable Level of Service within the fIVe-year planning period. [J 34 CR·951 4,500 [J 4,000 3,500 ~ 3,000 = ~ 2,500 2,000 1,500 1,000 CrÞ ., CrÞ ... CD . . N ... .. CD N N . .. N " .. .. N 'iii' I N \tI I N lID .. '. N "'"' I N .. .. . N CrÞ .. .. N CD .. . N Year -- Total Trips -Growth Trend - Development Orders Vested Trips -With Out Pro'ect [J .. words strusk thFÐ"'€lh are deleted; words underlined are added 8 Agenda Item No. 80 Agenda Ite¡nJ8f'IiJary 25.2005 P"age 56 of 114 ApDroDriateness of Chance: . The 235:t acre San Marino PUD was approved as a public golf course and a multi-family residential housing project with a maximum of 352 units pursuant to Ordinance 2000-10. The PUD document estimated the land use breakdown of the site to comprise: 15 acres of lakes, 103 acres of preserves, 96 acres of golf course development and 21 acres of residential development. The residential component of the PUD (350 of the approved 352 units) is developed on 21 acres of the 40 acres within the PUD that are excluded from this petition, and the petitioner is proposing to develop the requested additional residential units instead of the approved golf course. Collier County is experiencing a critical shortage of affordable and workforce housing and approval of this proposed amendment will provide an avenue to request zoning approval for up to 1,176 units for ownership by moderate and low-income residents. The petitioner further asserts the proposed use is compatible with surrounding land uses. The County's annual affordable housing goal is to add a minimum of 500 such dwelling units per year pursuant to Objective 2 of the Housing Element. Financial Administration and Housing Department staff concurs with the petitioner that Collier County is experiencing a shortage of affordable and workforce housing and that the shortage is substantiated by two separate studies. The Comprehensive Planning staff conferred with the Financial Administration and Housing Department staff regarding Policy 5.1 of the Housing Element which states "Affordable housing will be distributed equitably throughout the County using strategies which include, but are not limited to, density bonus agreements, and impact fee waivers or deferrals. In addition, affordable housing will be located where adequate infrastructure and services are available." Their staff did not believe that anything in Policy 5.1 negatively affects the recommendation of this new project. An assessment of the area establishes that residential land uses may be allowed at a maximum density of 1.5 units per gross acre, or up to 2.5 units per gross acre via the transfer of up to one dwelling unit per acre from lands designated as Rural Fringe Mixed Use District Sending, with the exception of a site specific property comprising 55 acres located within the Urban Residential Fringe to include a density bonus of up to 6.0 additional units per gross acre for affordable home ownership for low and moderate income residents. A further assessment of approved developments within this Subdistrict revealed that the developments included large amounts of environmentally sensitive lands. As a result, the residential component of the developments have been concentrated on smaller tracts of land within the development resulting in net densities far greater than the maximum allowable gross density of 1.5 DU/acre. The following PUD's are examples of this type of development: 1). Forest Glen of Naples is a 614-acre PUD approved for 1.26 units per acre or 799 dwelling units. Due to environmentally sensitive land within the project, the 799 residential units will be concentrated within Tract "R" of the development comprising 170 acres that would equate to 4.7 units per acre net density. Section 2, Township 50 South, Range 26 East. 2). San Marino is a 235-acre PUD approved for 1.5 units per acre or 352 dwelling units. However, the total 352 dwelling units are to be constructed on a 21 acre site within the PUD equating to a net residential density of 16.77 dwelling units per acre. Section 11, Township 50 South, Range 26 East. .:. words struck thr-ough are deleted; words underlined are added 9 Agenda Item No. 80 Agenda It~~1ðDY 25, 2005 . Page 57 of 114 3). Winding Cypress is a 1,928-acre PUD approved for 1.2 units per acre or 2,300 dwelling units for the overall development. The residential component of this PUD will comprise 2,300 dwelling units being developed on 448 acres equating to 5.14 dwelling units per acre net. Sections 24,34, & 35, Township 50 South, Range 26 East. Below are provisions and approved projects that will create avenues of increasing the density within this Subdistrict (adopted as part of Rural Fringe Growth Management Plan amendments.) 1.) Transfer of Development Rights; County initiated program that can increase the maximum density of a property from 1.5 units per gross acre up to 2.5 units per gross acre in the Urban Residential Fringe Subdistrict. 2.) Density Blending program; will encourage unified plans of development and preservation of wetlands, wildlife habitat and other natural features that exist within properties that straddle the Urban Mixed Use and Rural Fringe Mixed Use Districts; will allow for gross density to be distributed throughout a project regardless of whether or not the density allowed for a portion of the project exceeds that which is otherwise permitted. Also, some projects are approved in the Urban Residential Fringe that allows a greater intensity then the typical 1.5 DUlacre scenario. 1.) First Assembly Ministries Education & Rehabilitation Campus is a 79.1-acre PUD. First Assembly is approved for a mixture of land uses for religious, community social services and residential uses in a campus-type setting, including: 1800 seat auditorium, 600 seat chapel, 300 student school, 450 child/adult care facility, 400 bed care unit facility, 120 travel trailer or park model lots, adult living facility for 400 group housing units, and 57 multi-family units along with numerous inside and outside recreational facilities and accessory uses. Section 14, Township 50 South, Range 26 East. 2.) The Swamp Buggy Days a/k/a Florida Sports Park is a 129-acre PUD. The Swamp Buggy PUD is approved for intense out-of-doors sports and recreational activities, including swamp buggy races and a gun shooting range. Section 14, Township 50 South, Range 26 East. . 3.) Activity Center #7 is located to the south of the subject property at Rattlesnake Hammock Road and Collier Boulevard (CR-951) and will allow for commercial rezoning and development. 4.) Growth Management Plan Amendment CP-2oo2-1 was approved to expand the "activity center" subdistrict located at the northeast corner of Collier Boulevard (CR-951) and Sports Park Road (Activity Center #7). The area added comprises 18.46±. acres and is immediately contiguous to the eastern limit of the original activity center boundary. The approved uses are limited to: "personal indoor self-storage facilities offices for various contractor/builder construction trade specialists inclusive of the offices of related professional disciplines and services, warehouse space for various contractor/builder construction trade occupants and related businesses including but not limited to lumber and other building materials dealers, paint, glass, and wallpaper stores, garden supply stores as accessory uses only." Section 14, Township 50 South, Range 26 East. words struck thr:e!:ilgh are deleted; words underlined are added 10 -.- Agenda Item No. 8D Agenda IterWfAA1ry 25, 2005 P'ãge 58 of 114 5.) The Urban Designation allows for support medical facilities (such as physicians' offices, medical clinics, treatment, research and rehabilitative centers, and pharmacies provided the dominate use is medically related) to locate within y.. mile of existing or approved hospitals or medical centers which offer primary and urgent care treatment for all types of injuries and traumas. Accordingly, if a hospital is approved and built, then the surrounding lands within a y.. mile could potentially be zoned and developed with support medical uses. Rezone application PUDZ-2003-AR-4674 was approved 5/11104 to permit a maximum of 260,000 square feet of hospital and related uses. Pursuant to the aforementioned provision, the site was also approved for 80,000 square feet of medical office and related uses. The entire site will be known as the Collier Regional Medical Center. This site is located on the east side of Collier Boulevard (C.R. 951) approximately 3 miles north of Tamiami Trail (U.S. 41) and approximately 1000 feet south of Rattlesnake Hammock Road, in Section 23, Township 50 South, Range 26 East. If the proposed amendment is approved this site would be eligible for an additional 6 units per acre on the undeveloped 196 acres of the San Marino PUD or 1,176 dwelling units. In light of the net residential densities, non-residential uses and increased densities allowed within the Urban Residential Fringe Subdistrict, staff concluded there are indicators of future development in this Subdistrict that would be compatible and support this type of development. In staff's opinion, approval of this amendment may result in nearby properties seeking higher densities, or non-residential uses, for compatibility purposes. FINDINGS AND CONCLUSIONS: => The property's present designation as Urban Residential Fringe Subdistrict would allow residential land uses at a maximum density of 1.5 units per gross acre or via Transfer of Development Rights program up to 2.5 units per gross acre for a maximum of 587 dwelling units (235 X 2.5= 587), as well as a number of conditional uses such as churches, childcare facilities, ALF, recreation and open space uses and essential services, induding hospitals such as the Collier Regional Medical Center. => The proposed development for this property will permit an increase in density from 2 dwelling units to 1178 dwelling units (1176 + 2 = 1178), or 6.0 units per acre, for the provision of affordable home ownership for low and moderate-income residents of Collier County, thereby assisting the County in meeting its goal to add a minimum of 500 affordable housing units per year. There are. two separate studies which substantiate Collier County is experiencing a shortage in affordable and workforce housing and, therefore, not meeting this goal. => The approved PUD's within the Urban Residential Fringe Subdistrict do not exceed the allowable gross density of 1.5 units per acre, except for a site specific property for an affordable housing density bonus pursuant to a 2002 Growth Management Plan Amendment. However, due to conservation and environmental constraints, the residential components of the approved developments have net densities of 4 to 16 units per acre. words struck through are deleted; words under1ined are added 11 Agenda Item No. 80 Agenda IterW""ry 25,2005 P"ãge 59 of 114 :::) As a result of this amendment there are no significant impacts to public facilities, as defined in the CIE, with respect to Potable Water, Sanitary Sewer, Stormwater Drainage, Solid Waste, Community and Regional Parks facilities. Likewise, The Transportation Planning Department concluded the impacted roadways are projected to operate at an acceptable Level of Service within the five-year planning period if this project is approved. :::) The Urban Residential Fringe Subdistrict no longer provides a dear transition between the Urban Residential Subdistrict on the west side of CR-951 and the AgriculturaVRurallands to the east as envisioned when the Urban Residential Fringe Subdistrict was established in 1989. :::) Approval of this petition may lead to other requests for increased density, or non- residential uses, on nearby properties. STAFF RECOMMENDATION: That the CCPC forward Petition CP-2004-1 to the BCC with a recommendation of approval to transmit to the DCA. Prepared By: Date: Jean Jourdan, Senior Planner Comprehensive Planning Department Reviewed By: Date: David Weeks, AICP, Manager Comprehensive Planning Department Approved By: Date: Stan Litsinger, AICP, Director Comprehensive Planning Department Approved By: Date: Joseph K. Schmitt, Administrator Community Development and Environmental Services Division PETITION NO.: CP-2004-01 Staff Report for January 6,2005 CCPC Meeting. NOTE: This petition has been advertised for January 25, 2005, BCC meeting. COLLIER COUNTY PLANNING COMMISSION: Mr. Russell A. Budd, Chairman (. words strusk thr:el:lgt:J are deleted; words underlined are added 12 - . "."..'--'-~'~.-."._...- Agenda Item No. 80 Age.J&1Wißí~2005 ""''þåge' 6öõf 114 c:::o~r Óou.n:ty - --.~ -' --<II!!II STAFF REPORT COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION, COMPREHENSIVE PLANNING DEPARTMENT DATE: January 6, 2005 RE: PETITION NO. CP-2004-2, GROWTH MANAGEMENT PLAN AMENDMENT (TRANSMl1T AL HEARING) AGENT/APPLICANT/OWNER Agents: Robert J. Mulhere RW A, Inc. 3050 North Horseshoe Dr., Ste. 270 Naples, F134104 and Mr. R. Broce Anderson, Esq. Roetzel & Andress 850 Park Shore Drive Trianon Building, 3rd Floor Naples, FL 34103 Applicant: Mr. Mitch Hutchcraft Resource Conservation Properties 9990 Coconut Road, Ste. 200 Bonita Springs, FL 34135 GEOGRAPlDC LOCATION: The subject property comprises ± 232 acres and is located on the south side of Immokalee Road (CR- 846), north side of future Vanderbìlt Beach Road Extension, and approximately three miles east of Collier Boulevard (CR-951) in Sections 31 & 32, Township 48 South, Range 27 East. The subject parcels border the Rural Fringe Mixed Use District (RFMUD) Receiving Lands Designation to the north, RFMUD Neutral Lands Designation to the east and west, and Estates Designation to the south (refer to Exhibit G of the GMP amendment exhibit package). The subject parcels are located in the Rural Estates Planning Community. REOUESTED ACTION: This petition seeks to amend the Future Land Use Map (PLUM) of the Growth Management Plan to re- designate the subject site from AgriculturallRural, Rural Fringe Mixed-Use District (RFMUD) Neutral Lands Designation to RFMUD Receiving Lands Designation on the northern ±153 acres, and to RFMUD Sending Lands Designation on the southern ±79 acres (refer to Exhibit H of the GMP amendment exhibit package). 1 """""""""'......''''',-.-........-''''"''''',.."'.''''''''.;... PURPOSEIDESCRlPTION OF PROJECT: Agenda Item No. 80 January 25, 2005 Page 61 of 114 According to the Traffic Impact Statement submitted in association with this Comprehensive Plan amendment, the proposed re-designation of Receiving Lands <± 153 acres) is the subject of a larger rezone application, known as Irnmokalee Road South (residential/golf course community). Through this amendment, the applicant proposes to transfer the development rights 1Ì'om the proposed Sending Lands designation to the proposed Receiving Lands designation and thereafter convey the Sending Lands parcel to Conservation Collier. mSTORY OF THE RURAL FRINGE GMP AMENDMENTS: The Governor and Cabinet issued a Final Order on June 22, 1999, pertaining to GMP amendments adopted in 1997 pursuant to the 1996 Evaluation and Appraisal Report. The Final Order required the County to conduct a Rural and Agricultural Assessment for the Rural and Conservation Designated lands within the County, and then adopt measures to protect natural resources such as wetlands, wildlife and their habitats, and prevent the premature conversion of unique agricultural lands to other uses. This was to be accomplished while directing incompatible land uses away from these sensitive lands by employing creative land planning techniques. The Final Order allowed the County to conduct this Assessment in phases. Accordingly, the County divided the Assessment into two geographical areas, the Rural Fringe Area and the Eastern Lands Area. Relevant to this petition, the Rural Fringe Mixed Use District (RFMUD) was established. The RFMUD represents a transitional area between Golden Gate Estates and the County's urban area, and between the urban area and vast agricultural lands and agriculturaI operations farther to the east. The RFMUD consists of approximately 73,222 acres and is divided into three distinct designations: Sending Lands <± 41,535 ac.), Receiving Lands <± 22,020 ac.), and Neutral Lands <± 9,667 ac.). Allowable uses, density, and preservation standards vary by designation. Sending Lands are those lands that have the highest degree of environmental value and sensitivity and generally include significant wetlands, uplands, and habitat for listed species. The preservation standard for non-NRPA Sending Lands is eighty percent (80%) of the native vegetation on site while the standard for NRPA Sending Lands is ninety percent (90%). Density is limited to 1 dwelling unit per 40 acres or I dwelling unit per legal non-confonning lot/parcel of record (created on or before June 22, 1999). Transfer of development rights from Sending Lands may occur at a rate of 1 dwelling unit per five acres (0.2 du/ac.) or 1 dwelling unit per legal non-confonning lot/ parcel of record. Pennitted non-residential uses are limited to: agricultural uses, consistent with the Florida Right to Farm Act; habitat preservation and conservation uses; passive parks and other passive recreational uses; sporting and recreational camps; limited essential services; and oil extraction and related processing. Receiving Lands are those lands identified as being the most appropriate for development and to which residential units may be received 1Ì'om areas designated as Sending Lands. The preservation standard for Receiving Lands, except for the North Belle Meade Overlay, is forty percent (40%) of the native vegetation present, not to exceed twenty-five percent (25%) of the total site area to be preserved. The base residential density (non-Rural Village development) is 1 dwelling unit per 5 acres (0.2 dulac.) or 1 dwelling unit per legal non-confonning lot/parcel of record. The maximum density achievable for non- Rural Village development is 1 dwelling unit per acre, through the Transfer of Development Rights (IDRs). The minimum and maximum density for Rural Village development within Receiving Lands is 2 dwelling units per acre and 3 dwelling units per acre, respectively, except that the minimum density for Rural Village development on Receiving Lands within the North Belle Meade Overlay is 1.5 dwelling units per acre. Pennitted non-residential uses are primarily the same as those uses permitted in the agricultural zoning district prior to the Final Order (e.g. full range of agricultural uses, community facilities, recreational uses, etc.). 2 Agenda Item No. 8D Neutral Lands are those lands suitable for semi-rural residential development. Generally, ~~005 have a higher ratio of native vegetation than lands designated as Receiving Lands, but do not ha..QéJ~áiÜe't 114 approaching those in the Sending Lands. The preservation standard for Neutral Lands is sixty percent (60%) of the native vegetation present, not to exceed forty-five percent (45%) of the total site area to be preserved. The maximum residential density is limited to 1 dwelling unit per 5 acres (0.2 du/ac.) or legal non-confonning lot/parcel of record. These lands are "neutral" to the TDR program and do not generate or receive residential density. Permitted non-residential uses are primarily the same as the uses permitted in the agricultural zoning district prior to the Final Order (e.g. full range of agricultural uses, community facilities, recreational uses, etc.). SURROUNDING LAND USE. ZONING AND FUTURE LAND USE DESIGNATION: (The subject properties are identified below as: Parcell, ±153 acres proposed for Receiving Lands and Parcel 2, ±79 acres proposed for Sending Lands.) Existim! Conditions: Parcels 1 & 2: The subject parcels are zoned A-MHO-RFMUO, Neutral Lands (Rural Agricultural District-Mobile Home Overlay, Rural Fringe Mixed Use-Neutral Lands Overlay) and designated AgriculturalJRural, Rural Fringe Mixed Use District, Neutral Lands Designation on the Future Land Use Map. The subject parcels are undeveloped and are primarily wooded lands with minimal invasive speCies. Residential density is pennitted at I dwelling unit per 5 acres (0.2 du/ac.) or legal non-confonning lot/parcel of record. In addition to residential uses, the subject parcels are eligible for a number of pennitted uses such as agricultural uses, essential services, schools, etc., and a variety of conditional uses, such as churches, day care, nursing homes, social and fraternal organizations, etc. Located within the subject property is an enclave of three 5- acre parcels designated Neutral that are excluded from this petition; two of these parcels are developed with residential structures. Surroundine: Land Use: Parcell: (ProDosed Receivine: Lands) North: Lands to the north of the subject property are zoned A-MHO-RFMUO, Receiving Lands and designated AgriculturallRural, Rural Fringe Mixed Use District, Receiving Lands Designation on the Future Land Use Map. The subject property is undeveloped and pennits residential density at 1 dwelling unit per 5 acres (0.2 du/ac.) or legal non-confonning lot/parcel of record. A maximum density of 1 dwelling unit per 1 acre (non-Rural Village development) or 3 dwelling units per acre (Rural Village development) may be achieved through the purchase of Transfer of Development Rights (TDRs). West: Lands to the west of the subject property are currently developed with a golf course (Olde Florida Golf Club) and zoned GC, Golf Course. The Future Land Use Designation is AgriculturallRural, Rural Fringe Mixed Use District, Neutral Lands Designation. South: Lands to the south of the subject property are currently undeveloped wooded lands and zoned A-MHO-RFMUD, Neutral Lands and designated AgriculturallRural, Rural Fringe Mixed Use District, Neutral Lan<;\s Designation on the Future Land Use Map. Residential density is pennitted at 1 dwelling unit per 5 acres (0.2 du/ac.) or legal non-conforming lot/parcel of record. A portion of the property to the south is the part of this Comprehensive Plan amendment proposal to change the present designation from Neutral Lands to Sending Lands. 3 East: Agenda Item No. 80 . January 25, 2005 Lands to the east of the subject property are predominately S acres it~~ ~&f 114 scattered single-family and mobile home development. The zoning on the surrounding properties is A-MHO-RFMUO, Neutral Lands and designated Agricu1tura1/Rural, Rural Fringe Mixed Use District, Neutral Lands Designation on the Future Land Use Map. Parcel 2: lProoosed Sendim!: Lands) North: Lands to the north of the subject property are currently undeveloped wooded lands and zoned A-MHO-RFMUO, Neutral Lands and designated Agricultura1/Rural, Rural Fringe Mixed Use District, Neutral Lands Designation on the Future Land Use Map. Residential density is pennitted at I dwelling unit per 5 acres (0.2 du/ac.) or legal non-conforming lot/parcel of record This property to the north is the part of this Comprehensive Plan amendment proposal to change the present designation from Neutral Lands to Receiving Lands. West: Lands to the west of the subject property are currently developed with a golf course (Olde Florida Golf Club) and zoned Ge, Golf Course. The Future Land Use Designation is Agricultura1/Rural, Rural Fringe Mixed Use District, Neutral Lands Designation. South: Lands to the south of the subject property are zoned E, Estates and contain scattered single-family development. These residential tracts are designated Estates on the Future Land Use Map. East: Lands to the east of the subject property are undeveloped, but are designated as a future school site for High School "EEE"(projected to open in 2009) and Elementary School "L" (projected to open in 2015). The zoning is A-MHO- RFMUO, Neutral Lands and designated AgriculturallRural, Rural Fringe Mixed Use District, Neutral Lands Designation on the Future Land Use Map. STAFF ANALYSIS: Environmental Impacts: The Environmental Services Department reviewed this petition and provided the following analysis: The Neutral designation was placed on areas in the Rural Fringe with higher native vegetation ratios than Receiving areas and less than Sending and Natural Resource Protection Areas (NRPA). The applicant has reported that the subject properties are composed of almost entirely native plant communities (98%), although plant composition has probably been affected by fire regime and ground water table alterations. Listed species have been observed onsite and occurrences within 1000 feet are included for Florida Black Bears in the Florida Fish and Wildlife Conservation Commission (FFWCC) Bear Nuisance database. The characteristics of the properties are closer to Sending Areas than Neutral or Receiving Areas. The "Narrative" section of the petition states the proposed 79-acre Sending area would protect valuable wetland habitat and provide corridors for wildlife. However, the Environmental Impact Analysis found no jurisdictional wetlands in this area. The utility of the proposed Sending area as a wildlife cotridor is compromised by the location of the golf course to the west and Receiving Lands to the north. The native preservation retention standards for the RFMUD designations are: Neutral 60%, Receiving 40%, and Sending 80%. However, since these properties are composed of almost 1000/0 native vegetation the minimum parcel standards would apply: Neutral 45%, Receiving 2S %, and Sending 80%. Accordingly, a change in designation will result in a smaller native vegetation preservation requirement 4 ._----~. Agenda Item No. 80 The reduction in the native habitat preservation requirements in areas being utilized by lìste\!~ä5¡~~~â not the intent of the Growth Management Plan. The Growth Management Plan [Consenra.mb an~ Cœstal Management Element], Goal 6, states: "The County shall identify, protect, conserve and appropriately use its native vegetative communities and wildlife habitat." Consequently, as proposed, the petition is inconsistent with the natural resource goals of the Growth Management Plan. Comprehensive P1annin~ - Environmental Impact Analvsis: ComDOIiûon of Native Vee:etaûve CommlU1Îties on Site 428 - Cabb e Palm 428/621- Cabbage PaJm (Dominant) & ress 428/416 - Cabbage Palms ominant & Pine Flatwoods 621 - ress 621/428 - Cypress (Dominant) & Cabba e Palms 329 - Shrubs & Brush Prairie 427 - Live Oak 8146 - Primitive RoadfTrail 8146E2 - Primitive RoadlTrail (25- 49 % Exotics 17.68 ac. (16% of site) 13.55 ac. (17% of site) o ac. 11.92 ac. (15% of site) 1.91 ac. 1% of site) Oac. The ± 153 acres proposed for re-designation to Receiving Lands has very similar native vegetative communities as the southern ±79 acres proposed for Sending Lands. There is no clear distinction between these two areas. Both areas appear to approach Sending Lands Designation value, but have been designated Neutral; staff believes this was based on the surrounding development patterns, both existing and proposed, and the presence of listed species, or lack thereof. The petitioner asserts that the proposed Sending area ''would protect valuable wetland habitat." However, the environmental data submitted reveals that there are no jurisdictional wetlands on site and the proposed Receiving Lands contain a greater percentage (22%) of wetlands compared to the proposed Sending Lands (15%). The re-designation to Receiving Lands will direct development to these native vegetative communities and wetland areas and require minimal native preservation retention (maximum of 25% of the site). Also addressed in this application is the potential purchase of the proposed Sending Lands by Conservation Collier (after the transfer of the development rights). Although there may be a countywide benefit from the acquisition of these lands, this is irrelevant, it is not appropriate to consider this in the review of a Comprehensive Plan amendment. Amendments to the Comprehensive Plan must be based on their own merit and the change supported with data and analysis, as required by Chapter 163, F. S. Archeolo(rical Impacts: The County's Historical/Archeological Probability maps do not identify the subject site as an area of historical and archaeological probability. Correspondence received by the petitioner from the State Division of Historical Resources indicates that the subject site has not been completely surveyed and may contain unrecorded archaeological sites, unrecorded historically important structures, or both. Bob Carr, of Archaeological and Historical Conservancy, Inc., has since surveyed the subject property and identified two archeological sites. Both sites are located within the area proposed for Receiving Lands: the Serenoa Mound, with an estimated area of 1,500 square feet; and the Great Circles Site, with an estimated area. of 5 Agenda Item No. 8D 20,000 square feet; both with good preservationpotential. Preservation initiatives will be ~ry 25, 2005 during subsequent development order reviews. age 65 of 114 Traffic CaDacitvrrraffic Circulation Analvsis: Transportation Planning staff has reviewed the Traffic Impact Statement (TIS) for the proposed amendment relative to the entire project - the PUD rezone for Immokalee Road South. [The proposed Receiving Lands comprise a portion of the proposed PUD; the balance of that rezone property extends ftom the proposed Receiving Lands north to Immokalee Road.] The TIS indicates that the projecfs impacts are significant on Immokalee Road at 5.7% of LOS Standard. (Significance test or significant impact is used as those tenns are defined in the GMP.) For the purpose of this analysis, Transportation staff focused on the segment of Immokalee Road from CR-95l to Wilson Boulevard in order to detenn.ine the Transportation Element significance test since it ftonts and provides for one of the project's proposed access points. The other proposed access point on Vanderbilt Beach Road extension will be required and recommended by Transportation Staff in order to facilitate more traffic distribution options and help reduce the overall impact on the system. The County's Transportation Concurrency database has proven to be a useful tool not only for tracking new trips and available system capacity as development orders are sought, but also as a powerful planning tool to project historic trends and identify near future level of service deficiencies. Transportation Staff has conducted analysis on segment 44, Immokalee Road ftom year 1999 to 2012. Vested trips were applied by County policy to this segment. Currently, the County's policy for adding the vested development trips into the system is based on a build-out horizon of seven years applied at 1 n per year to the impacted concurrency segments. Transportation Staff has detennined that Petition CP-2004-2 is consistent with Transportation Element Policy 5.1 of the Growth Management Plan with the following mitigating stipulations [these conditions would be imposed during the rezone process as the subject petition is for a Future Land Use Map change only] : 1- The developer is required to construct a spine road open to the public ftom Immokalee Road to Vanderbilt Beach Road Extension. The spine road design will include an urban 4-lane divided section with 6-foot sidewalks and bike lanes. 2- The developer is to donate or reserve a sufficient amount of right-of-way ftonting Vanderbilt Beach Road Extension for future expansion plans. 3- The developer agrees to accept Stonnwater discharge ftom future Vanderbilt Beach Road Extension improvements, which shall be incorporated within the development's Stonnwater system. Public Facilities Impact This petition will result in increased impacts on certain Category A public facilities (potable water, sanitary sewer, drainage, solid waste, and community parks), but these impacts will not be significant (generating potential for increased countywide population greater than 3% of the BEBR high range population projections for Parks, Solid Waste, Water, Sewer and Drainage facilities, per crn policy 1.1.2) as defined in the Capital Improvement Element and other applicable Growth Management Elements. The Collier County Sheriff's Department will provide police protectionllaw enforcement services. The Sheriff's Golden Gate Substation, District #2 is located at 4741 Golden Gate Parkway. The Big Corkscrew Island Fire and Rescue District Station 10, located at 13240 Immokalee Road, will provide fire protection. (There is also a Sheriff's Department presence at Fire Station #10.) The EMS substation located in the Orange Tree PUD will provide emergency medical services. 6 Agenda Item No. 80 The Public Utilities and Engineering Department has no-objection to the proposed re-desi~~~~05 the changes do not preclude future negotiations with the developer for placement of necessary e~sl~f 14 to the County Utility system. . WATER & SEWER DEMAND W_r (ga.llonslday) S,^,wer(pllons1day) PROPOSED 64,750 50,750 CURRENT 19,610 15,370 Collier County School Board Review for Consistencv with the District's Carotal Outlav Plan The School District's Facilities planning staff has reviewed this petition to amend the Future Land Use Map. The School District plans to construct a high school and elementary school on the north side of Vanderbilt Beach Road extension, just south and east of this proposed amendment. The need for a new middle school in this area has not been identified in the District's 20 year Capital Plan. Additionally, School District Planning staff has been working with the County's Transportation staft'to coordinate the completion of the Vanderbilt Beach Rœd extension with the opening of the high school. Public access from Immokalee Road wilt provide direct access to the two new schools for parents, teachers and students living north of the school sites. The School District's recommendations are as follows [both of these conditions should be considered at the rezone stage as this petition is for a Future Land Use Map change only]: 1. The BCC require the developer to construct a spine road open to the public from Immokalee Road to Vanderbilt Beach Road Extension. Tbe spine road design shall include sidewalks and bike lanes and provide access to the schools from the new road. At the time of rezone, the County require the applicant to coordinate with Collier County School Board staff to allow planning to occur to accommodate any impacts to the public schools as a result of the number of dwelling units requested and the proximity of the subject property to the school site. The infonnation to be provided should include: a. Number of residential units by type; b. An estimate of the number of school-aged children for each type of school impacted (elementary, middle, high school); and c. The potential for locating a public educational facility within the project if needed. ADmomìateness of Chan~e: The table below identifies potential changes in density, generation of TDR Credits, and preservation standards, resulting from the proposed re-designation of the subject site from Neutral Lands to Sending Lands 0:.79 acres) and Receiving Lands 0:.153 acres). If this amendment were approved, the required native vegetation preservation amount would decrease by ±3 acres. More importantly, however, as previously discussed, there is little distinction in vegetation type or coverage amount on the two proposed re-designation areas. 2. Eligible Density Preservation Proposed Sending Lands (79 acres-l parcel) ± 1 dwelting unit (assume Idu/40ac.) ± 63.20 ac (80% preservation rate) Potential TDR Severance Not licable 15.8 TDRCredits Not a licable Not a licable 7 * Agenda Item No. 80 Maximum density on Receiving Lands for lIOn-Rural Village development is 1 dwelling unit ¡acre throu~,úY~005 ofTDRs. . Page 67 of 114 Maximum density 011 Receiving Lands for Rural Village development is 3 dwelling units/acre through the purchase of TDRs. . ** Notes; 1. The proposed area for re-designation is ±. 232 acres and consists of 20 parcels (19 proposed for Receiving and I proposedfor Sending). 2. Neutral La11ds neither receive nor send 1DRs. 3. Retention of native vegetation is calculated at the minimum parcel staruúud due to high composition of native vegetation (±.98%). 4. Neutral Lands native vegetation retention standard is 60%, IIOt to exceed 45% of the site. 5. Receiving Lands native vegetation retention standard is 40%, not to exceed 25% of the site. As proposed by this amendment, residential density will be allowed to increase in the area proposed for Receiving Lands. The present designation allows residential density at Idu/S acres or a total of ± 46 dwelling units, while the proposed Receiving Lands re-designation will allow density at Idu/lacre or ± ]53 dwelling units for non-Rural Village Development and 3duslacre or ± 459 dwe]ling units for Rural Village development. Based upon native vegetation preservation requirements, cluster development requirements, and property sizes-which afford flexibility in site design and provision of buffers, staff believes the development patterns allowed by the proposed amendment could generally be considered compatible with surrounding development as it exists and is allowed. As proposed by this amendment, the re-designation of a portion of the subject site to Sending Lands will result in the creation of an isolated Sending area. All other Sending Lands within the RFMUD are either contiguous to Conservation designated lands or consist of substantial Sending Lands acreage: Sending Lands south of I-75 are contiguous to the Picayune Strand State Forest; Sending Lands north of I-75 comprise thousands of acres; and Sending Lands north and west of Immokalee Road abut CREW Trust or National Audubon's Corkscrew Swamp Sanctuary. This amendment is a proposal to re-designate similarly comprised environmental properties to dissimilar Future Land Use designations, contrary to the intent of the RFMUD. The intent of the RFMUD is to direct development away fÌ'Om properties with high environmental values. Re- designating the proposed property to Receiving will direct higher intensity land uses to an area that warrants semi-rural development and environmental protection. FINDINGS AND CONCLUSIONS: · The present designation on the subject site allows development consistent with the surrounding development patterns, both existing and proposed. · Deve]opment allowed by the proposed amendment is generally compatible with development existing and allowed on surrounding lands. · The subject property is reported to have approximately 98% native vegetation on site and does not contain jurisdictional wetlands. The northern portion of the property (± ] 53 acres) proposed for Receiving Lands has a similar native vegetative community as the southern portion of the property (± 79 acres) proposed for Sending Lands, thus the characteristics of the entire subject site are more similar to lands designated Sending Lands than those designated Neutral or Receiving. · The re-designation of the subject site as proposed would result in a loss of approximately three (3) acres of native vegetation C± 104 acres to ± WI acres). · Utility of the proposed Sending area as a wildlife corridor is compromised by the location of a golf course to the west (O]de Florida); a drainage canal, future Vanderbilt Beach Road Extension, and Estates development to the south; a future north/south collector road through the proposed Sending Lands or to the east of the property (adjacent to the future school site); and, Receiving Lands to the north. · As proposed by this amendment, the re-designation of a portion of the subject site to Sending Lands will result in the creation of an isolated Sending area. 8 _ Agenda Item No. 80 . This amendment is a proposal to re-designate similarly comprised environmental ~~~~~¡ dissimilar Future Land Use designations, contrary to the intent of the RFMUD. 1'''?'ã~~' STAFF RECOMMENDATION: That the Collier County Planning Commission forward Petition CP-2004-2 to the Board of County Commissioners with a recommendation not to transmit to the Florida Department of Community of Affairs. Prepared By: Date: Michele R. Mosca, AICP, Principal Planner Comprehensive Planning Department Reviewed By: Date: David Weeks, AlCP, Planning Manager Comprehensive Planning Department Reviewed By: Date: Stan Litsinger, AlCP, Director Comprehensive Planning Department Approved By: Date: Joseph K. Schmitt, Administrator Community Development and Environmental Services Division PETITION NO.: CP-2004-2 Staff Report for the January 6. 2005. CCPC Meeting. NOTE: This petition has been advertised for the January 25. 2005. BCC Meeting. COLLIER COUNTY PLANNING COMMISSION: Russell A. Budd, Chainnan 9 ~-r Çou.nt:.y ~ - Agenda Item No. 80 AgendJí3~f~òt?~~ STAFF REPORT , COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION, COMPREHENSIVE PLANNING DEPARTMENT FROM: DATE: January 6, 2005 PETITION NO. CP-2004-3, GROWTH MANAGEMENT PLAN AMENDMENT [TRANSMITTAL HEARING] RE: AGENT/APPLICANT/OWNERS Agent: Richard D. Yovanovich Goodlette, Coleman & Johnson, P.A 4001 North Tamiami Trail. Suite 300 Naples. FL 34103 Applicant and Owner: Amy S. Turner and/or Tammy Turner Kipp (Parcel 2) Vanderbilt Holdings II, LLC clo Amy Tumer 6625 Newhaven Circle Naples, FL 34109 Owner: (Parcel 1) Crossroads Community Church, Church of Naples 2057 Trade Center Way Naples, FL 34109 GEOGRAPHIC LOCATION: The subject property is actually two separate properties totaling ±17 acres. Parcel 1, comprising ±9.18 acres, is located at the northeast comer of Vanderbilt Beach Road and Livingston Road. Parcel 2,comprising ±7.73 acres, is approximately one-quarter mile east of Livingston Road. Both parcels are located in Section 31, Township 48 South, Range 26 East, and are in the Urban Estates Planning Community. REQUESTED ACTION: This petition seeks to amend the Future Land Use Element and Future Land Use Map of the Collier County Growth Management Plan to change the "Urban Mixed Use District" designation to "Commercial District" in order to establish the "Vanderbilt Beach Road Neighborhood Commercial Subdistrict." The proposed text change adds language following the Urban Commercial District: B. Urban Commercial District 9. Vanderbilt Beach Road Neighborhood Commercial Subdistrict The Duroose of this District is to Drovide for neichborhood commercial develoDment at a scale not tyDicallv found in the Mixed-use Activity Center Subdistrict. This land use 1 -.-.------- Agenda Item No. 8D desi_nation a lies to a roximatel 17 acres as shown on the accom an in 10 Ci 2~Oâ located on the north side of Vanderbilt Beach Road. Ivinc east of Livincston Roa . 1 intent of this District is to Drovide retail. Dersonal service. restaurant. indoor self-storace. office and emDlovment oDoortunitv for the emerainc residential develoDment in close oroximitv to this District. Parcel 1. which is located at the intersection of Livinaston Road and Vanderbilt Beach Road shall be oermitted a ranee of retail. office. financial institution. restaurant and business services tVoicallv found in the C-1 to C-3 zonina districts. Indoor self-storace shall also be a oermitted use on Parcel 1. Other comoarable and/or comDatible uses may be deemed consistent with the District subiect to a findinc of comoatibilitv bv the Board of Countv Commissioners at the time of rezoninc. A maximum of 100.000 SQuare feet of office and retail cross leasable area or 200,000 sauare feet of indoor self-storaae shall be oermitted. Should a mix of uses and indoor self-storaae facilities develoo on Parcel 1. for each two feet of indoor self storace area. one sauare foot of office and retail area shall be reduced from the maximum allowable office and retail area. Parcel 2 is adiacent to multifamilv residential uses and will be oermitted a full ranee of office, institutional, assisted-livinc, business services. indoor self-storace. and similar uses. General retail commercial uses not exceedinc an intensity of C-3 zoninc shall be Dermitted on Parcel 2. A maximum of 80.000 sauare feet of office and business service tvoe uses or 160,000 sauare feet of indoor self-storace shall be oermitted. The maximum heicht for any use on Parcel 2 shall be 42 feet above finished erade of the site. Should a mix of uses and indoor self-storace facilities develoo on Parcel 2. for each two feet of indoor self storace area. one sauare foot of office and retail area shall be reduced from the maximum allowable office and retail area. Words underlined are added; words struck-though are deleted- both as proposed by the petitioner PURPOSE/DESCRIPTION OF PROJECT: The purpose of this project is to establish the 'Vanderbilt Beach Road Neighborhood Commercial Subdistrict" so as to accommodate a future rezone to allow commercial development. On Parcel 1 (:t9.18 acres), the petitioner proposes to provide a maximum of 100,000 square feet for office, retail, financial institution, restaurant and business services typically found in the C-1 to C-3 zoning districts; or 200,000 square feet of indoor self-storage. (Should a mix of uses and indoor self-storage facilities develop on Parcel 1. for each 2 square feet of indoor self-storage area, 1 square-foot of office and retail area shall be reduced from the maximum office and retail area allowable.) On Parcel 2 (:t7.73 acres), the petitioner is proposing a maximum of 80,000 square feet of office, business, assisted-living and institutional services; or general retail commercial not exceeding C-3 zoning in intensity. A maximum of 160,000 square feet of indoor self-storage is also being proposed. (Should a mix of uses and indoor self-storage facilities develop on Parcel 2, for each 2 square feet of indoor self-storage area, 1 square-foot of office and retail area shall be reduced from the maximum office and retail area allowable.) Maximum height for any use on Parcel 2 will be 42 feet. Based upon review of the petitioner's proposed Subdistrict, staff is recommending several changes, noted below in strike-through/under1ine format. Staffs changes are as follows: 1) Eliminate categories of uses and more succinctly state that C-1 to C-3 uses are allowed on both parcels. 2) Eliminate "comparable/compatible use" text for Parcel 1, as this is too vague and open- ended, which could be problematic to implement. 3) Reorganization of text, and wordsmithing, so as to read better. 4) Provide proper ordinance formatting. Staffs proposed changes: 2 - Agenda Item No. 80 B. Urban Commercial District January 25, 2005 11. Vanderbilt Beach Road Neighborhood Commercial Subdistrict Page 71 of114 -The ouroose of this Subdistrict is to orovide for neichborhoòd commercial and indoor self- storace develooment at a scale not tvoically found in the Mixed Use Activity Center Subdistrict. The intent is to orovide commercial uses to serve the emercinc residential develooment in close oroximitv to this Subdistrict. and to orovide emoloyment Oooortunities for residents in the surroundinc area. Allowable uses include retail. oersonal service. restaurant. office, and all other uses allowed in the C-1 throuch C-3 zoninc districts as contained in the Collier County Land Develooment Code. Ordinance 91-102, as amended. in effect as of the date of adootion of this Subdistrict fshould this Subdistrict be adoDted. the correct date and ordinance number will be insertedl: and. indoor self-storace use. This Subdistrict comorises aooroximately 17 acres. as shown on the Subdistrict mao. located on the north side of Vanderbilt Beach Road and east of Livincston Road. a. Parcel1 This oarcel is located at the intersection of Livinaston Road and Vanderbilt Beach Road. A maximum of 100.000 sauare feet of cross leasable floor area for C-1 throuah C-3 uses or 200.000 sauare feet of cross floor area for indoor self-storace use shall be allowed. Should a mix of C-1 throuch C-3 uses and indoor self-storace facilities develoo. for each two sauare feet of indoor self-storace area, one sauare foot of C-1 throuch C-3 uses area shall be reduced from the maximum allowed. b. Parcel2 This Darcel is located aooroximately ~ mile east of Livincston Road and is adiacent to multifamily residential uses. A maximum of 80.000 sauare feet of cross leasable floor area for C-1 throuah C-3 uses or 160,000 sauare feet of aross floor area for indoor self-storaae use shall be allowed. The maximum buildinc heiCht for any use shall be 42 feet above finished crade of the site. Should a mix of C-1 throuch C-3 uses and indoor self-storace facilities develoD. for each two sauare feet of indoor self-storace area. one sauare foot of C- 1 throuch C-3 uses area shall be reduced from the maximum allowed. SURROUNDING LAND USE. ZONING AND FUTURE LAND USE DESIGNATION: Existinc Conditions: Parcel 1 of the subject site is zoned Rural Agricultural District ("An), which allows 1 dwelling unit per 5 acres. The property is undeveloped and designated Urban Mixed-Use District/Urban Residential Subdistrict. The Future Land Use Designation for this 9.18-acre property would allow residential uses at the density shown below, if the following density bonuses were applied. BASE DENSITY 4 DU/A Possible Density Bonuses: Additional Units/Acre Residential In-fill +3 DUlA Affordable Housing +8 DUlA Roadway Access +1 DU/A Maximum Density Bonuses +12 DUlA MAXIMUM POTENTIAL DENSITY 16 DUlA In addition to residential uses, the subject site would be eligible for a number of conditional uses such as churches, childcare facilities. 3 Agenda Item No. 80 assisted-living facilities, essential services, etc., as well as ~f~~~ . open space uses and agricultural uses. Parcel 2 of the subject site is zoned Planned Unit Development (PUD). The "Vanderbilt Trust" PUD is designed to accommodate continuing-care facilities, including a 200-unit Assisted-Living Facility (ALF) as well as a Skilled Nursing Care Facility (SNCF) with a maximum of 50 beds (the 50 bed maximum, in combination with the ALF, would require a reduction in the number of ALF units). The PUD also makes a provision for the construction of a childcare facility and ancillary support medical, nursing, and retail dispensary services. This 7.73-acre property is presently undeveloped and designated Urban Mixed-Use District/Urban Residential Subdistrict. Surroundina Land Uses: (Parcel 1) North: The Pelican Marsh PUD/DRI lies to the north of the subject property and is presently developed with a golf course (Tiburon). The Future Land Use designation is Urban Mixed Use District, Urban Residential Subdistrict. East: The land east of the subject property is zoned Agricultural "A," and is presently developed with a pet grooming and boarding facility (Best Friends Pet Resorting Grooming). The Future Land Use designation is Urban Mixed Use District, Urban Residential Subdistrict. South : The land to the south of the subject property, across Vanderbilt Beach Road, is the Vineyards PUD/DRI and is currently developed with multifamily homes (Bermuda Isle). The Future Land Use designation is Urban Mixed Use District, Urban Residential Subdistrict. West: The land to the west of the subject property, across Livingston Road, is part of the Pelican Marsh PUD/DRI and is developed with a golf course and a golf course maintenance facility (Tiburon). The Future Land Use designation is Urban Mixed Use District, Urban Residential Subdistrict. (Parcel 2) North: The Pelican Marsh PUD/DRI lies to the north of the subject property and is developed with a golf course (Tiburon). The Future Land Use designation is Urban Mixed Use District, Urban Residential Subdistrict. East: The land east of the subject property is zoned 'Wilshire Lakes PUD" and is developed with single-family and multifamily (Fieldstone Village) homes. The Future Land Use designation is Urban Mixed Use District, Urban Residential Subdistrict. South : The land to the south of the subject property, across Vanderbilt Beach Road, is the Vineyards PUD/DRI and is developed with a retention pond then single-family homes (Village Walk). The Future Land Use designation is Urban Mixed Use District, Urban Residential Subdistrict. West: The land west of the subject property is zoned Agricultural "A; and is developed with an equestrian center (Bobbin Hollow Equestrian Center). The Future Land Use designation is Urban Mixed Use District, Urban Residential Subdistrict. 4 STAFF ANALYSIS: Agenda Item No. 8D January 25, 2005 Page 73 of 114 Environmental tmeacts: Parcel 1: The Environmental report done by Collier Environmental provided data within the report that was too old for staff to consider viable. The report stated that the listed species survey was done in 1997. There is no indication of how old the wetland determination is and no evidence that it was ever approved by SFWMD. Parcel 2: The Environmental report done by Boylan Environmental, dated August 2004, provided data within the report that was too old for staff to consider viable. The report stated that the listed species survey was done in 2001 and 2002. There is no indication how old the wetland determination is and, again, no evidence that it was ever approved by SFWMD. No review of this document was done by the Environmental Services Department at this time since the data was too old to analyze. A new environmental impact statement (EIS) will be required at the time of the next development order submittal at which time a thorough review will be done and a staff report will be brought before the Environmental Advisory Council (EAC) for their review. Traffic Cacacitvrrraffic Circulation Analvsis: The petitioner employed the firm of Q. Grady Minor & Associates, P.A. to conduct a Traffic Impact Analysis for the proposed amendment. As the analysis points out, there was no Level of Service (LOS) data available for the portion of Livingston Road north of Vanderbilt Beach Road, as this segment was under construction at the time. Therefore, it was estimated to have a peak hour, peak direction traffic volume of 850 vehicles, based on adjacent links recently completed. Level of Service determinations were made based on Peak Hour, Peak Direction Service Volumes presented in the AUIR for similar roadway links, since both the Livingston Road and Vanderbilt Beach Road links will be six lane facilities in the timeframe that this project could be developed. The findings concluded that the impact of project traffic volumes on the roadway network surrounding the project site is not significant ("significant impact" is defined in Capital Improvement Element (CIE) Policy 1.1.2 as any amendment to the Comprehensive Plan that will generate a volume of traffic equal to or greater than 3% of the LOS of the impacted roadway). Additionally, all segments will operate at LOS standard or better and have excess peak hour capacity greater than the projected trip generation for the subject properly. Transportation Planning has reviewed this petition and concluded that neither Livingston Road nor Vanderbilt Beach Road, based on the construction of programmed improvements, will be deficient with the construction of this project. Public Facilities Imeact: This petition will result in increased impacts upon some other Category A public facilities besides roads (potable water, sanitary sewer, drainage, solid waste, community and regional parks), but these impacts will not be "significant" (generating potential for increased County- Wide population greater than 3% of the BEBR high range population projections for Parks, Solid Waste, Water, Sewer and Drainage facilities, as defined in Policy 1.1.2 of the CIE and other applicable Growth Management Plan Elements). For water and sewer, the proposed development will demand 31,000 gallons per day. However, for some public facilities, such as park facilities, the impacts will be lessened since this is not a residential project. Utilizing the level of service standards identified in the CrE, the proposed uses will not result in a significant impact on Category A public facilities. AoDroDriateness of Chanae: 5 Agenda Item No. 8D The practicality of the petitioner's proposed Subdistrict was established through an e..J~.!bf1~05 . population growth and infrastructure development in the surrounding areas to ~B~iR 14 sufficient need -for the proposed land use. As the subject property borders the North Naples and Urban Estates Planning Communities-two contiguous planning communities that include all of Collier County north of Pine Ridge Road (CR.896), east of the Gulf of Mexico, and west of Collier Boulevard (CR-951}-an inventory of commercial uses within these two Planning Communities is provided in the tables below. North Na las 1025.31 412.58 23.11 96,944 2.36 2.66 25,669 35.05 47.91 444,157 57.03 80.96 892,641 C-5 11.42 598,330 283.61 387. 2,871,207 OTAL OMMERCIAL 1025.31 412.58 612.73 4,928,948 OTAL 1025.3 412.58 612.73 4,928,948 Sources: 2003 Commercial Inventory as of 1-1-03 derived from Property Appraiser's records, GIS, zoning maps & 2003 PUD inventory as of 1-1-03. (Prepared by Comprehensive Planning Section). TOTAL OMMERCIAL 446.61 352.52 94.09 533,20 OT AL 446.61 352.52 94.09 533,203 Sources: 2003 Commercial Inventory as of 1-1-03 derived from Property Appraiser's records, GIS, zoning maps & 2003 PUD inventory as of 1-1-03. (Prepared by Comprehensive Planning Section). Commercial Demand Analvsis: The firm of Fraser and Mohlke Associates, Inc. conducted the market-conditions study, which analyzed market conditions within the North Naples and the Urban Estates Planning Communities. This analysis provided an overall context for assessing the basic goods and services requirements of the emerging population within the northern two-fifths of the County's Urban Commercial District. The findings of the study are as follows: 1. Accelerated growth in northern Collier County is projected to triple the population of the North Naples and Urban Estates Planning Community Districts (PCDs) during the period 1990 to 2010. This "North Collier" area is projected to grow 327.15 percent from 29,611 persons in 1990 to 126,484 persons in 2010, an increase of 96,873 persons, according to September 9, 2004 estimates provided by the County's Comprehensive Planning Section. 6 Agenda Item No. 80 2. There is a clear demonstration of potential market support from a substantiaNtfliyg¡r¡g2005 population within a well-defined Primary Trade Area along the Livingston Roa8'1Ihed7 Ù1äf 114 intersecting Vanderbilt Beach Road corridors that can validate claims as to the viability of the proposed commercial uses on the subject site. After 2005, retail-demand calculations revealed that the Urban Estates PCD will support expansion of existing retail-shopping centers or the development of new centers. Further, the market-conditions study utilized land-use inventory data from the 2003 Collier County Commercial Land-Use Inventory to document the need for new commercial facilities near the studied North Collier residential communities by examining the present pattem of commercial development along the 3.7 mile Immokalee Road corridor and the 4.2 mile Vanderbilt Beach Road corridor, from US-41 east to their intersection with 1-75. The inventory demonstrated: 1. Commercial buildings with floor areas totaling 1,018,230 square feet are located along the 3.7-mile Immokalee Road corridor, approximating closely the 1,051,637 square feet of commercial space recorded for the entirety of the North Collier area in 1986. 2. Commercial buildings with floor areas totaling 298,386 square feet of commercial along the Vanderbilt Beach Road corridor are substantially less than the 1,018,230 square feet of commercial structures along Immokalee Road two miles to the north. 3. Substantial new residential construction, supported by the area's expanding roadway network, is accelerating demand for accessible, well-located commercial centers providing for the personal service and office needs of future residents. 4. Land uses consistent with the purpose and intent of the Subdistrict and applicable zoning standards have been identified as appropriate for Subdistrict development. In conclusion, the study finds that the Vanderbilt Beach Road Neighborhood Commercial Subdistrict properties are well-suited for use as general purpose commercial facilities that allow a concentration of buildings and land uses compatible with adjacent residential areas. FINDINGS AND CONCLUSIONS: · Based upon total existing commercial inventory in the primary trade center, staff believes there is a need for commercial uses to serve the surrounding communities. · The magnitude and scale of this project (100,000 square feet of gross leasable floor area of C-1 to C- 3 uses [Parcel 1] and 80,000 square feet of C-1 to C- 3 uses [Parcel 2]) is similar to neighborhood commercial development at the upper limits of size. · Though not considered "neighborhood commercial," self-storage facilities are increasingly common throughout the coastal Urban area as the residential population increases. · The closest commercial zoning (and development) is 3/4 miles to the west (Naples Walk shopping center in the Vineyards PUD, at the southeast corner of the Vanderbilt Beach Road/Airport-Pulling Road intersection) and 2 miles to the north (shopping center in Carlton Lakes PUD, at northeast corner of Immokalee Road/Livingston Road intersection). · The proposed uses will allow development generally compatible with uses on surrounding properties. · Parcel 1 of the subject site has residential development options of up to 16 units per acre utilizing the available density bonuses, and is eligible for institutional uses (adult living facilities, child care, churches, private and public schools) social and fraternal organizations, parks and recreational facilities and agricultural uses. · Parcel 2 of the subject site is presently zoned PUD to accommodate continuing-care facilities, including a 200-unit Assisted-Living Facility (ALF) as well as a Skilled Nursing Care Facility (SNCF). This parcel is also eligible for up to 15 DU/A and the same nonresidential uses as allowed on Parcel 1. 7 Agenda Item No. 80 · The subjeCt. site abuts two collector roads-Livingston Road and Vanderbilt seiéWK6áá6t~~~ · The general area is experiencing changes with the recent opening of the {iv~g~fon Road extension (a six-lane road extending south to Radio Road and north to Bonita Beach Road in Lee County) and the proposed expansion of Vanderbilt Beach Road (presently a two-lane road, scheduled to be a six-lane facility by mid-2006, extending west to the Gulf of Mexico and east to Collier Boulevard with future plans to extend even further east). · The Market Study conducted by the firm of Fraser and Mohlke Associates, Inc., substantiates the need for well-located commercial centers providing for the personal service and office needs of the emerging resident population in the Primary Trade Area. STAFF RECOMMENDATION: That the CCPC forward Petition CP-2004-3 to the BCC with a recommendation of approval to transmit to the Florida Department of Community of Affairs. Prepared By: Date: John-David Moss, AICP, Senior Planner Comprehensive Planning Department Reviewed By: Date: David Weeks, AICP, Planning Manager Comprehensive Planning Department Reviewed By: Date: Stan Litsinger, AICP, Director Comprehensive Planning Department Approved By: Date: Joseph K. Schmitt, Administrator Community Development and Environmental Services Division PETITION NO.: CP-20Q4-03 Staff Report for the January 6. 2005 CCPC Meeting. NOTE: This petition has been advertised for the January 25, 2005 BCC Meeting. COLLIER COUNTY PLANNING COMMISSION: Russell A. Budd, Chainnan 8 TO: FROM: DATE: RE: Agenda Item No. 80 January 25, 2005 Agen~"8])f 114 ~~~Çount~ STAFF REPORT COLLIER COUNTY PLANNING COMMISSION COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION, COMPREHENSIVE PLANNING DEPARTMENT January 6, 2005 PETITION NO. CP-2004-4, GROWTH MANAGEMENT PLAN AMENDMENT (TRANSMI17'AL HEARING) AGENT/APPliCANT Agents: Applicants: Robert L. Duane Hole Montes, Inc. 950 Encore Way Naples, FI 34110 R. Bruce Anderson, Esq. Roetzel & Andress 850 Park Shore Drive Naples, FL 34110 Thomas W. Reese, Esq. 2951 61 at Avenue South St.Petersburg, FL 33712 David Ellis Collier Building Industry 4779 Enterprise Avenue Naples, FL 34104 Nancy Payton Florida Wildlife Federation 2590 G.G. Parkway, #109 Naples, FL 34105 Bradley Cornell C.C. Audubon Society 660 9th Street North Naples, FL 34102 GEOGRAPIDC LOCATION: The proposed Growth Management Plan (GMP) amendment primarily affects the Rural Fringe Mixed Use District (RFMUD) Sending Lands and Receiving Lands within the Agricu1tura1/Rural Designation. REOUESTED ACTION: The petitioners, ìn collaboration with County staff, request to amend certain provisions of the RMFUD Sending and Receiving Lands Designations. The primary request is to amend the Sending Lands Designation to create three (3) additional Transfer of Development Rights (TDRs) bonuses. The second request is to modify certain development/design standards for Rural Villages including; reducing the green belt width; reducìng the acreage requirement for civic uses and public parks; removing the requirement that all roads within the Rural Village comply with County standards; and, make a minor text change to the land use mix requirements. Prooosed text amendment B. Rural Fringe Mixed Use District * * . * . * * * * * * * * C) Sending Lands: Sending Lands are those lands that have the highest degree of environmental value and sensitivity and generally include significant wetlands, uplands, and habitat for listed species. 1. Sending Lands are located entirely within the Rural Fringe Mixed Use District, and are depicted on the Future Land Use Map. Based upon their location, Sending Lands are the principal target for preservation and conservation. Private Property owners of lands designated I Agenda Item No. 80 January 25, 2005 Agen~8l')f 114 as Sending Lands may transfer density to Receiving Lands within the Rural Fringe Mixed Use District, and to lands within the Urban Designated Area subject to limitations set forth in the Density Rating System. All privately owned lands within the Rural Fringe Mixed Use District that have a Natural Resource Protection Area (NRPA) Overlay are designated Sending Lands. 2. MiOOmum Base Tænsfer Severance Rate: DweHiBg Uøits Develoument ri2hts may be mmsfslHd severed from Sending Lands at a maximum rate of 0.2 dv.'el1i:øg units TDR Credits per acre (1 åwelliag æit TDR Credit per five acres). Tf6ßSfefs Utilization ofTDR Credits and TDR Bonus Credits in ReceivinlZ Lands may only occur in whole number increments (ffaetieøal tmBsfers fractions are prohibited). In the case of legal nonconfonning lots or parcels in existence as of June 22, 1999, where such lot or parcel is less than 5 acres in size, one dwelliag aøit TDR Credit may be tfaBsfeø:ed severed from said lot or parcel. Tø eÐSœ'e apprapt=iate eempensatieR te laRd ElWBeFS witftiB See.åiÐg LaRès, the ReaM Elf CetiBty CammissiaRers may aåjüst the maximum tfaBsfer rate; søeh aR aàjHStmeBt shall £eqøire a G£ewtB MaRageæeøt Pis 1\meøåmeRt. The basis ef saah aàjasåBeBt shall be s æalysis ef prep~' '¡aæes ·.vièiR See.æag Lsès, aRd may iRsåule eeRsiàeFatieR ef pf'eximity Elf sueh pmpeFties te the yrbs &Fea. 3. LimitatiaRs aRd Preeeåtires Conditions Applicable to Base and Bonus TDR Credits: a) Tf'aRsfefs shall Ret be allewed Base TDR Credits may not be severed from S£ending þds where a conservation easement or other similar development restriction prohibits residential development. b) The mmsfer severance of HBit& credits shall be recorded in public records utilizing a legal instrument detennined to be appropriate by the County Attorney's Office. Said instrument shall clearly state the remaining allowable lands uses on the subject property after all, or a portion, of the residential density has been tmRsfet:reà severed from the property. c) Where resiàeRtial àeøsity has develooment ri2hts have been traBsfeR'eå severed from Sending Lands, such lands may be retained in private ownership or may be sold or deeded by gift to another entity. d) The bonus provisions set forth in subsections 4 1hrou2h 6 below are applicable to prooerties from which TDR Credits were severed prior to the effective date of this amendment. e) These bonus Ðrovisions set forth in subsections 4 throu¢1 6 below are also applicable to the North Belle Meade Overlay provisions of the Future Land Use Element. f) Any Sending Lands from which TDR Credits have been severed may also be utilized for mitilZation Ðroe;rams and associated miti2ation activities and uses in conjunction with any county. state or federal pennittine:. g) No Conveyance Bonus Credits shall be available without Ðrovision of a plan for mana~ent and maintenance as authorized in subsection 4 below (the Environmental Restoration and Maintenance TDR Bonus). 4. Environmental Restoration and Maintenance TDR Bonus: One (1) additional TDR Bonus Credit may be issued to the owner of each five acre parcel or leial nonconfonning lot of record. This bonus shall be IZ1"aDted upon the County's accet>tance of a Restoration and Perpetual ManalZement Annuity Plan (RPMAP) that is consistent with a listed species manalZement plan that includes habitat manalZement. the removal of exotics and the maintenance of the land exotic free for twenty-five (25) years. The mOÐertv owner may contract with any of the lZovernment alZencies or contractors deemed qualified by the County for implementation of the RPMAP. 5. Convevance IDR Bonus: A TDR Bonus may be issued to the owner of each five (5) acre parcel or legal nonconforming lot of record desÜ.roated as SendinlZ Lands. at the transfer rate of one (1) additional IDR Bonus Credit for each five acres or legal nonconforminlZ lot of record for conveyance of fee simple title to a federal. state. or local lZovernmental a¡zency by gift. 2 - ,- -, . ·_···__·_·'"'~m_· Agenda Item No. 80 january 25, 2005 - Agen~l:Df 114 6. Earlv Entry TDR Bonus: An Early Entry TDR Bonus shall be available in the fonn of an additional one TDR Credit for each Base - TDR Credit seveÌ'ed ftom Sendin2 Lands from March 5. 2004. and for a neriod of three years after the adontion of the LDC imolemented this Ðrovision. Early Entry TDR Bonus Credits may be used after the termination of the bonus Deriod. 14.Permitted Uses: Permitted uses are limited to the following: a) Agricultural uses consistent with Chapter 823.14(6) Florida Statutes (Florida Right to Fann Act) '" '" '" '" '" '" '" '" '" '" '" '" 3. Rural Villages '" '" '" '" '" * .. .. '" .. '" .. C) Rural Villages Sizes and Density: * '" * * '" '" '" .. '" '" '" .. 3. Density ~ shall be achieved as follows: a) The base density for the Agricultural/Rural Designation of 0.2 dwelling units per acre (1.0 dwelling units per five acres) for lands within the Rural Village. and the land area designated as a green belt surrounding the Rural Village, is granted by right for allocation within the designated Rural Village. b) The additional density necessary to achieve the minimum required density for a Rural Village shall be achieved by 8B eEJUal &œe1:lBt any combination of TDR Credits and TDR ªàonus U:BÌt& Credits. ~ Efor each TDR Credit acquired for use in achievin2 the minimum density in a Rural Village. one TDR &-ª.onus UBÌt Credit shall be granted. c) Additional density between the minimum and maximum amounts established herein may be achieved through any of the following. either individually or in combination: 1) Additional TDR Credits. 21 TDR Bonus Credits. 2, 1) A 0.5 unit bonus for each unit that is provided for lower income residents and for entry level and workforce buyers. ~ A density bonus of no more than 1 ()O/O of the maximum density per acre allowed for each additional acre of native vegetation preserved exceeding the minimum preservation requirements set forth in Policy 6.1.2 of the CCME. 4-~ A density bonus of no more than 10% of the maximum density per acre as provided in Policy 6.2.5 (6)b of the CCME. '" '" * '" '" '" '" '" '" '" .. .. D) Land Use Mix: 1. Acreage Limitations '" '" .. '" '" .. '" '" .. .. .. .. f) Civic Uses and Public Parks - Minimum of 1 ().t..S.% of the total Village acreage. E) Open Space and Environmental Protection: 1. Greenbelts: In addition to the requirements for parks, village greens. and other open space within the Rural Village, a greenbelt averaging 300 :SOO feet in width but not less than 200 ~ feet in width, shall be required at the perimeter of the Rural Village. The Greenbelt is required to ensure a pennanent un-developable edge surrounding the Rural Village. thereby discouraging sprawl. .. '" '" '" '" '" '" '" .. '" '" '" '" G) As part of the development of Rural Village provisions, land development regulations shall identify specific design and development standards for residential, commercial and other uses. These standards shall protect and promote a Rural Village character and shall include requirements for parks, greens, squares, and other public places. In addition to the public spaces required as a part of a Village Center or Neighborhood Center. Rural Villages shall incorporate a Village Park and neighborhood parks. In addition, the following shall be addressed: 3 --"-.-.... Agenda Item No. 8D January 25, 2005 Agen~8j)f 114 1. Rural Village, Village Center and neighborhood design guidelines and development standards: * * * * * * * * * * * * · Each Rural Village shall be served by a binary road system that is accessible by the public and shall not be gated. The primary road system within the village shall be designed to meet County standards and shall be dedicated to the public. · Access drives shall not be reauired to meet County standards. · A Rural Village shall not be split by an arterial roadway. * * * * * * * * * * * * V. OVERLAYS AND SPECIAL FEATURES * * * * * * * * * * * * B. North Belle Meade Overlay: * * * * * * * * * * * * 3. RECEIVING AREAS * * * * * * * * * * * * b. North Belle Meade Rural Village The standards for the Rural Villages in the NBM Overlay Receiving Area shall be generally the same as provided for in the Rural Fringe Mixed Use District. However, because of the NBM Receiving Area's location adjacent to Estates, the NBM NRPA, and other Sending Lands, it does not have access to existing commercial uses, which should be encouraged on NBM Receiving Lands. The following exceptions shall apply: 1) The minimum gross density shall be 1.5 dwelling units per gross acre and a maximum of 3 units per gross acre. 2) A minimum of 0.5 dwelling units per acre shall be acquired through TDR Credits and TDR Bonus Credits. * * * * * * * * * * * * Words olFu8k t-.ft!ugh are delcûons; words underlined are additions . . . . . . . . . . . (Indicates break in text.) FLUE text is derived ftom both the existing FLUE text and "glitch amendment" text - CPSP-2003-II, adopted October 26, 2004, but not in affect mSTORY OF THE RURAL FRINGE GMP AMENDMENTS: The Governor and Cabinet issued a Final Order on June 22, 1999, pertaining to GMP amendments adopted in 1997 pursuant to the 1996 Evaluation and Appraisal Report. The Final Order required the County to conduct a Rural and Agricultural Assessment for the Rural and Conservation Designated lands within the County, and then adopt measures to protect natural resources such as wetlands, wildlife and their habitats, and prevent the premature conversion of unique agricultural lands to other uses. This was to be accomplished while directing incompatible land uses away from these sensitive lands by employing creative land planning tec1miques. The Final Order allowed the County to conduct this Assessment in phases. Accordingly, the County divided the Assessment into two geographical areas, the Rural Fringe Area and the Eastern Lands Area. Relevant to this petition, the Rural Fringe Mixed Use District (RFMUD) was established. The RFMUD represents a transitional area between Golden Gate Estates and the County's urban area, and between the urban area and vast agricultural lands and agricultural operations farther to the east. The RFMUD consists of approximately 73,222 acres (refer to attached RFMUD Map) and is divided into three distinct designations: Sending Lands <± 41,535 ac.), Receiving Lands (± 22,020 ac.), and Neutral Lands (± 9,667 ac.). Allowable uses, density, and preservation standards vary by designation. 4 ,- Agenda Item No. 80 January 25, 2005 Agen~ßl)f 114 Sending Lands are those lands that have the highest degree of environmental value and sensitivity and generally include significant wetlands, uplands, and habitat for listed species. Density is limited to 1 dwelling unit per 40 acres or I dwelling unit per legal non-confonning lot/parcel of record (created on or before June 22, 1999). Transfer of development rights from Sending Lands may occur at a rate of I dwelling unit per five acres (0.2 dulac.) or I dwelling unit per legal non-confonning lot/parcel of record. Receiving Lands are those lands identified as being the most appropriate for development and to which residential units may be received from areas designated as Sending Lands. The base residential density (non-Rural Village development) is 1 dwelling unit per 5 acres (0.2 dulac.) or I dwelling unit per legal non-confonning lot/parcel of record. The maximum density achievable for non-Rural Village development is 1 dwelling unit per açre, through the Transfer of Development Rights (1DRs). The minimum and maximum density for Rural Village development within Receiving Lands is 2 dwelling units per acre and 3 dwelling units per acre, respectively, except that the minimum density for Rural Village development on Receiving Lands within the North Belle Meade Overlay is 1.5 dwelling units per acre. Neutral Lands are those lands suitable for semi-rural residential development. Generally, Neutral lands have a higher ratio of native vegetation than lands designated as Receiving Lands, but do not have values approaching those in the Sending Lands. The maximum residential density is limited to 1 dwelling unit per 5 acres (0.2 dulac.) or legal non-confonning lot/parcel of record. These lands are ''neutral'' to the 1DR program and do not generate or receive residential density. The 1DR program was primarily established and implemented to protect and conserve the most valuable environmental lands, while providing a mechanism for affected property owners to recover lost value and development potential through the 1ransfening of such development rights to more appropriate lands. Within the RFMUD, residential development rights of Sending Lands may be severed and the 1DR credits 1ransferred to designated Receiving Lands. The 1DR program also employs the use of other incentives, such as provisions for central water and sewer and clustering, in order to direct development away from Sending Lands and into Receiving Lands and thereby maximize native vegetation and habitat preservation and restoration of other natural resources. As part of the public infonnation program, the County sent letters to Sending Lands property owners (refer to attached sample letter), created a 1DR Registry on the website, added 1DR program infonnation on the Department website (refer to attached website page) and created a 1DR program brochure (refer to attached brochure). The present 1DR program provides residential density bonuses for additional preservation of native vegetation, wetland mitigation, Rural Village development and affordable housing (within Rural Villages). These bonuses provide a means to increase residential density from the base density (1 dul5ac. or legal non-confonning lot of record) to the maximum density pennissible in the Receiving Lands Designation. Bonuses are granted at a rate of I additional dwelling unit per 5 acres (0.2 dulac.) or legal non-confonning lot/parcel of record for each bonus provision. PURPOSEIDESCRIPTION OF PROJECT: The purpose of this 1DR bonus amendment is to provide additional incentives to Sending Lands owners to encourage their participation in the TDR program, thereby furthering the objectives of the RFMUD to protect and conserve the County's natural resources. The three bonuses proposed are intended to augment the existing program by providing additional dwelling units to Sending Lands owners for early severance, land management after severance, and conveyance of the Sending Lands to a government agency. The purpose of the Rural Village modifications is to promote Rural Village development by providing greater flexibility for project design and to increase the acreage for income-generating land uses. 5 Agenda Item No. 80 January 25, 2005 Agen~3:ðf 114 STAFF ANALYSIS: TDR Bonuses: The Growth Management Plan (GMP) requires that the Transfer of Development Rights program be reviewed and analyzed a year after adoption. Since the date of adoption of the implementing LDC provision (February 2004) and completion of administrative processes (approximately March 2004), a Stakeholders Group - including but not limited to: environmental interests, development interests, County staff and consultants, and property owners - met July 20, 2004, to discuss the effectiveness of the program, as directed by the Board of County Commissioners. The Summary Consensus notes from the July meeting are attached. To date, County records indicate that zero TDRs have been severed from the approximately 21,127 acres of Sending Lands eligible for participation in the TDR program (± Y2 of the Sending Lands are owned by the State of Florida - government lands are not eligible to participate). County records also indicate eighteen out of a potential 4,312.49 TDR Credits have been listed. for sale (refer to the attached TDR database listing). Along with the real or perceived lack of participation, the Stakeholders Group has identified potential shortcomings in the TDR program (refer to memorandum from Roetzel & Andress as an example). The consensus of the Group is that the TDR program is lacking a vital environmental protection component that addresses protection of sensitive lands after the development rights have been severed. The present program provides for the transfer of such rights but does not require nor provide an incentive for land management. Additionally, there is a consensus among the Group that the TDR program lacks the necessary residential density bonuses to achieve development of Rural Villages. The subject amendment proposes to address these shortfalls by providing three additional residential density bonus provisions in the RFMUD, Sending Lands: Early Entry TDR Bonus, Environmental Restoration and Maintenance TDR Bonus, and a Conveyance TDR Bonus. The Early Entry TDR Bonus provides a residential density bonus as an incentive to participate early in the TDR program. This bonus is granted at a rate of 1 dwelling unit per 5 acres (0.2 du/ac.) or legal non- conforming lot/parcel of record, for the severance of TDRs from designated Sending Lands within 3 years from the effective date of an implementing Land Development Code provision. The Environmental Restoration and Maintenance TDR Bonus is intended to augment the existing TDR program, by providing an incentive to manage Sending Lands, including the removal of exotics for a period of twenty-five years, after the severance of development rights. A residential density bonus is granted at a rete of 1 dwelling unit per 5 acres (0.2 du/ac.) or legal non-confonning lot/parcel of record upon the acceptance and approval of a Restoretion and Perpetual Management and Annuity Plan by the County. The Conveyance TDR Bonus is granted to those property owners who first have an approved Restoration and Perpetual Management Plan and then convey the property by way of fee simple title to a local, state, or federal government agency by gift. A residential density bonus is granted at a rete of 1 dwelling unit per 5 acres (0.2 duJac.) or legal non-conforming lot/parcel of record. Collier County retained the consulting services of James C. Nicholas, PhD, who assisted in the creation of the existing TDR program, to analyze the three bonus provisions and their impact on the TDR program. Based on this analysis (refer to the attached Memorandum from Dr. James Nicholas), staff projected the utilization rates for the three bonuses and their potential impacts. Staff estimates that for the first three years of the program approximately fifty percent of the base TDR credits will be severed and fifty percent of the proposed bonuses will be used. After the initial three-year period staff estimates that approximately eighty percent of the remaining base TDR credits will be severed and fifty percent of the proposed bonuses will be used, except that the Early Entry Bonus will have expired. 6 Agenda Item No. 80 January 25, 2005 Agen~3l)f 114 Based on the above percentages, the TOR bonuses might generate approximately 8,192 additional dwelling units and increase the Receiving Lands population by +20,000 to ±22,OOO people. SCENAIUO:.#l SCENARlO:#2 CUMC4ATWE 50% BASE SEVERANCE 80% BASEEVERANCE SCENARIO #1 AND AND AND DWELLING UNITS 500/. BONUS SOO/.BONUS SCENARIO #2 UTILIZATION RATE UTILIZATION RATE (First 3 Years) (After 3 years) ·TJ)Jt.ßME·DVEUNCE 2.1$6 1..724 J~880 EARLY ENTRY TDR BONUS 2.156 Not aDDHcabJe 2.156 ENVIRONMENTAL RESTORATION AND MAINTENANCE TDR 2,156 862 3,018 BONUS CONVEYANCETDR 2,156 862 3,018 BONUS TOTAL DWELLING UNITS RESULTING 6,468 1,724 8,192 FROM AMENDMENT » The base IItlVen11ICe units are not Included In the dwe/Unguntt wfflls. » There Is a tolaJ of ±.22, 020 acres ofRecetv/7lgLœuU » The bfllle den.Jlty /71 the Receiving Land.J III J du/5 IIC. or ±.4,404 dweJl/7lg unltll (total does not IICCountfor legal nOlt-conformlng lotlllparcel.r < 5 IICres) » An additional unit Is gra1lled for eoch TDR lIeverfl1lCe for Rural Village development In Recetvtltg Lands (Scfl1llJrio #1-add 2,156 dwelll1lg unltll a11d Scefllll'lo# 2-add 1,724 dwelling units) » SCeNUlo #2 ts based on 80% of the rema/lllng potential TDR Credits available after Scenario #1 (i.e. 80% of 2, J 56) POPULATION SCENARIO: #1 50% BASE SEVERANCE AND 50% BONUS UTILIZATION RATE (First 3 Years) du x 6 468- 0 . SCENARIO: #2 80% BASE EV.ERÁNCE AND 50% BONUS UTll..IZATlQNRATE (After 3 yean) ¡dux 1 724=0 . CClMULA. TlVE SCENARIO #1 AND SCENARIO #2 (p/du x 8,192-pop.) 100%SINGLE-FAMIL Y (pop. calculated at 2.66 p/du) 17205 4586 21 791 100% MULTI-FAMILY (pop. calculated at 2.52 p/du) 16299 4 45 20,644 50% SINGLE.,FAMILY & 50% MULTI-FAMILY (pop. calculated at 2.59 pldu) 16 752 4465 21 217 » p/du ~ perSOIIII per dwelling unit 7 Agenda Item No. 80 January 25, 2005 Agendà:QeniC:Df 114 Public Facilities Impacts: ROAD IMPACTS (Trips Generated) CUMULATIVE SCENARIO #1 AND SCENARIO #2 (Dwelling Units 8,192) 1oo%SINGLE-FAMIL Y (Land Use 210) 6th Edition Trip Generation JTE 9.57 tri sldu 9.57 x 6,468=61,899 9.57 x 1,724=16,498 9.57 x 8,192=78,397 1000/. MUL TI-FAMIL Y (Land Use 230) 6th Edition Trip Generation ITE 5.86 . du 5.86 x 6,468=37,902 5.86 X 1,724=10,103 5.86 x 8,192=48,005 500/. SINGLE-FAMILY & 50% MULTI-FAMILY ffh Edition Trip Generation JTE 9.57 tripsldu (single-family) 5.86 . 100 multi-fami1 9.57 X 3,234=30,949 5.86 X 3,234=18,951 9.57 x 862=8,249 5.86 x 862= 5,051 9.57 X 4,096=39,198 5.86 x 4,096=24,002 SCENARIO: #1 SCENARIO: #2 CUMULATIVE 50% BASE SEVERANCE 80% BASE EVERANCE SCENARIO #1 AND AND AND POTABLE WATER 50-1. BONUS 50% BONUS SCENARIO #2 (Consumption) UTILIZATION RATE UTILIZATION RATE (First 3 Yean) (After 3 yean) (185 GPD/Caplta :x: Pop.) (185 GPD/CaDlta :x: POD.) (UIS GPDlCanita :x: POD.) 1oo%SINGLE-FAMIL Y 17,205 x 185=3.18 MGD 4,586 x 185=. 85 MGD 21,791 x 185=4.03 MGD 100% MULTI-FAMILY 16,299 x 185=3.02 MGD 4,345 x 185=. 80 MGD 20,644 x 185=3.82 MGD 500/. SINGLE-FAMILY & 500/. MULTI-FAMILY 16,752 x 185=3.10 MGD 4,465 x 185=. 83 MGD 21,217 x 185=3.93 MGD g SCENA1lIO:#1 SCENARIO: #2 CllMIlLATWE 500/. BASE SEVERANCE 80% BASEEVERANCE SCENARIO. #1 AND AND AND WASTE WATER 50%Bo.NUS 50% Bo.NUS SCENARIO. #'J. (Con.umptlon) UTILIZATION RATE UTll.IZATIo.N RATE (FIr.t 3Y ear.) (After 3 yean) (120 GPD/Caplta x Pop.) (120 GPD/Caplta x POP.) (120 GPD/Capita x POP.) lOO%SlNGLE- FAMILY 17,205 x 120=2.06 MGD 4,586 x 120=. 55 MGD 21,791 x 120=2.61 MGD 100% MULTI-FAMILY 16,299 x 120=1.96 MGD 4,345 x 120=. 52 MGD 20,644 x 120=2.48 MGD 50". SINGLE-FAMILY "50% MULTI- 16,752 x 120=2.01 MGD 4,465 x 120=. 54 MGD 21,217 x 120=2.55 MGD FAMILY Agenda Item No. 80 January 25, 2005 Agend'àeQe;II1S1)f 114 SCENARIO: #1 SCENARIO: #2 CUMULATIVE 50% BASE SEVERANCE 80% BASJ£ EVl£RANCE SCENARIO #1 COMMUNITY AND AND AND AND REGIONAL 50% BONUS 50% Bo.NUS SCENARIO. #2 PARK' UTILIZATION RATE UTILIZATION RATE (Dem.ndGen.....ted) (FIr.t 3 Year.) (After 3 yean) 100%SINGLE- FAMILY Comm\UÚty park 1.29 x 17.205=22 ac. 1.29 x 4.586=6 ac. 1.29 x 21.791=28 ac. 1.29ac11000p Regional Park 2. 94ac/I ()()()p 2.94 x 17.205=51 ac. 2.94 x 4.586=13 ac. 2.94 x 21.791 =64 ac. 100% MULTI-FAMILY Community park 1.29 x 16.299=21 ac. 1.29 x 4.345=6 ac. 1.29 x 20.644=27 ac. 1.29ac1100Op 2.94 x 16.299=48 ac. 2.94 x 4.345=13 ac. 2.94 x 20.644=61 ac. Reaional Park 2.94ac11000D 50% SINGLE-FAMILY "50% MULTI- FAMILY 1.29 x 16.752=21 ac. 1.29 x 4.465=6 ac. 1.29 x 21.217=27 ac. Community park 2.94 X 16.752=49 ac. 2.94 X 4.465=13ac. 2.94 x 21.217=62 ac. 1.29ac11000p Regional Park 2.94ac110000 9 Agenda Item No. 80 January 25, 2005 Agen~lii)f 114 SCENARIO: #1 SCENARIO: #2 CUMULATIVE 500/. BASE SEVERANCE 800/. BASE EVERANCE SCENARIO #1 AND AND AND SOLID WASTE 50% BONUS 500/. BONUS SCENARIO #2 (Generated) UTILIZATION RATE UTILIZATION RATE (F1rst 3 Yean) (After 3 yean) (1.22 tonslyr/capita) (1.22 tonslyr/canita) (1.22 tonw/caDtta) l00o/.SlNGLE-FAMIL Y 1.22 x 17,205=20,990 1.22 x 4,586=5,595 1.22 x 21,791=26,585 100% MULTI-FAMILY 1.22 x 16,299=19,885 1.22 x 4,345=5,301 1.22 x 20,644=25,186 50% SINGLE-FAMILY & 500/. MULTI-FAMILY 1.22 x 16,752=20,437 1.22 x 4,465=5,447 1.22 x 21,217=25,884 As identified in the tables above, the three TDR bonuses will generate additional dwelling units and population, resulting in increased impacts on Category "A" public facilities: roads, potable water, sanitary sewer, drainage, solid waste, and community and regional parks. (The above tables do not reflect drainage impacts due to the standards for level of service, which is based on a 3-day stonn event and a 25-year return frequency event.) These impacts, however, will not be "significant"(generating potential for increased countywide population greater than 3% of the BEBR high range population projections for parks, solid waste, potable water, sanitary sewer and drainage facilities, as defined in Policy 1.1.2 of the cm and other applicable Growth Management Plan Elements). Specific road impacts will be difficult to detennine because of the uncertain geographical location, within the RFMUD Receiving Lands, of these additional units and associated population. Primarily, the major roadways within or leading to/from the RFMUD will be affected by the increased demand: Immokalee Road (C.R 846); Collier Boulevard (C.R 951); Tamiami Trail East (U.S. 41); Vanderbilt Beach Road (C.R. 862) extension; and Golden Gate Boulevard. crn Policy 1.1.2 defines "significant impact" as generating a volume of traffic equal to or greater than 3% of the adopted LOS standard service volume of an impacted roadway. As noted above, due to the uncertainty as to the location of the added population, a specific analysis of impacts upon roads cannot be detennined. However, during review of subsequent development orders for projects within the Rural Fringe Mixed Use District, a project-specific road impact analysis will be required. Rural Vi1l8.2e Modifications: In addition to the TDR bonuses proposed by this amendment, the Stakeholders Group, at the July 2004 meeting, discussed and reached consensus on reducing the green belt width for Rural Village development. At the meeting, representatives from the development community expressed concern that the existing green belt width impedes development and suggested a reduction in width would allow greater design flexibility for projects and would not undermine the objective of providing a pennanent un- developable edge surrounding the Rural Village, thereby discouraging sprawl. The applicant is also requesting to modify the Rural Village provision: to reduce the acreage requirement for civic uses and park uses from 15% to 10%; to remove the requirement that all rœds within the Rural Village comply with County design standards; and modify text relating to the mixture of land uses required to serve the residents of a Rural Village by removing the word "shall" and replacing it with ''be sufficient to." 10 - Agenda Item No. 80 Janw;uy 25, 2005 _ Agen~'3j)f 114 The applicant asserts that the acreage required for civic and park uses exceeds the n~ of the residents within Rural Villages and the acreage requirement along with other land commitments for green -belts, green spaCe, neighborhood centers, etc. reduces the area for "income-producing property". Accordingly, a reduction in acreage for civic and park uses will not result in a shortage of land required to serve the residents, but instead provide additional income-producing acreage. The applicant is also proposing that only the "primary" road system within a Rural Village meet County road design standards. The applicant's rationale is that neighborhood streets may be private and may be designed consistent with the compact design/development of a Traditional Neighborhood Allowing secondary roads to be private, thereby allowing different standards, is consistent with County approval of projects in the urban area. Staff believes that the requested changes to the Rural Village provision to reduce the green belt width and modify other development standards are reasonable. The changes proposed would not COmpromise Rural Village design or adversely impact services to Village residents. FINDINGS AND CONCLUSIONS: · The proposed amendment seeks to further the intent of the Rural Fringe Mixed Use District by providing additional incentives to preserve and protect the County's natural resources. · The utilization of the Environmental Restoration and Maintenance Bonus will result in better habitat management of protected Sending Lands. · The three bonus provisions may potentially result in ±8,192 additional dwelling units and ± 22,000 additional persons in the RFMUD Receiving Lands. · The increase in population resulting trom this amendment would not create a significant ùnpact on Category "A" public facilities. · Dr. James Nicholas generally agrees with the TDR bonuses proposed by this amendment and believes that the present lack of participation in the TDR program necessitates action that would encourage participation, such as enhancing the incentives. Based upon the review of Dr. Nicholas' memorandum, review of public facilities ùnpacts, and various documents provided by the applicants, staff believes the proposed TDR bonuses are appropriate. Additionally, based upon the applicants' infonnation and staff analysis the proposed Rural Village modifications are also appropriate. EAC RECOMMENDATION: The Environmental Advisory Council (EAC) held their hearing on this petition December 1,2004, and unanimously (6-0) recommended approval. . A second motion was made to request that: I) the uses allowed in the Sending Lands be reviewed for consistency with the intent of the RFMUD to protect natural resources; and, 2) an authority to manage funds for land management be established. This motion also passed unanimously. 11 Agenda Item No. 80 January 25, 2005 Agen~8Df 114 STAFF RECOMMENDATION: That the CCPC forward Petition CP-2004-4 to the BeC with a recommendation of approval to transmit to the Florida Department of Community of Affairs. Prepared By: Date: Michele R. Mosca, AICP, Principal Planner Comprehensive Planning Department Reviewed By: Date: David Weeks, AICP, Manager Comprehensive Planning Department Reviewed By: Date: Stan Litsinger, AICP, Director Comprehensive Planning Department Approved By: Date: Joseph K. Schmitt, Administrator Community Development and Environmental Services Division PETITION NO.: CP-2004-04 Staff Report for the January 6. 2005. CCPC Meeting. NOTE: This petition has been advertised for the January 25. 2005. BCC Meeting. COLLIER COUNTY PLANNING COMMISSION: Russell A. Budd, Chainnan 12 Agenda Item No. 80 January 25, 2005 _ Page 89 of 114 Agenda Item 8. D. <-~"': Çou.nt~ STAFF REPORT COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION, COMPREHENSIVE PLANNING DEPARTMENT DATE: January 6, 2005 RE: PETITION NO. CPSP-2004-7, PETITION REQUESTING AMENDMENTS TO THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES, GOLDEN GATE AREA MASTER PLAN ELEMENT TEXT AND FUTURE LAND USE MAP, CAPITAL IMPROVEMENT ELEMENT, AND THE POTABLE WATER AND SANITARY SEWER SUB-ELEMENTS OF THE PUBLIC FACILITIES ELEMENT, TO INCLUDE: 1. Potable Water and Sanitary Sewer Sub-Elements: a. Delete the figure depicting the Mirasol PUD service area, and all references to it in the appropriate policies. 2. Capital Improvement Element: a. Correct and modify applicable policy references to figures depicting the water and sewer service areas. 3. Golden Gate Area Master Plan: a. Modify the applicable maps depicting the Santa Barbara Commercial and Golden Gate Parkway Professional Office Commercial Subdistricts; b. Make minor corrections and "clean-up" changes to the Golden Gate Parkway Professional Office Commercial Subdistrict; c. Lessen the wetland preserve area in the Pine Ridge Road Mixed Use Subdistrict by .:to.09 acres; and, d. Add the legal description of all properties within the Randall Boulevard Commercial Subdistrict. 4. Future Land Use Element: a. Modify Policies 1.1 B. and 1.5 to add omitted references; b. Change a map reference in the Vanderbilt Beach/Collier Boulevard Commercial Subdistrict; and, c. In the Conservation Designation, clarify the allowable density for private in- holdings in the Big Cypress National Preserve. 5. Future Land Use Map: a. Change the designation from Urban Residential to Conservation for a 99.3-acre County-owned mitigation site located on the west side of Collier Boulevard and adjacent to the north of Naples Lakes Country Club PUD; b. Change the designation from Urban Industrial to Conservation for a 77.3-acre Conservation Collier site located east of the Seaboard Coastline Railroad 1 Agenda Item No. 80 January 25. 2005 Page 90 of 114 Right-of-way and adjacent to the north of the future Livingston Road East- West; c. Change the designation from Industrial to Urban for the Immokalee airport area as the area is more particularly designated in the Immokalee Area Master Plan; d. Add the name of the South Golden Gate Estates Natural Resource Protection Area (NRPA) Overlay and add the name and pattern to the Clam Bay NRPA; e. Correct the location of Wiggins Pass Road and the US-41/CR-887 (old US-41) intersection; f. Change the reference note pertaining to addition of certain features in the Rural Lands Stewardship Area Overlay; and, g. In the map legend, spell out the NRPA abbreviation. 6. Future Land Use Map Series: a. On the Activity Center Index Map, correct the configuration of various activity centers; b. Delete Activity Center #19 Map - it is a repeat of Activity Center #20; c. On the Vanderbilt Beach/Collier Boulevard Commercial Subdistrict map, add the expansion area and distinguish between the original and expanded areas; d. Create a new map to depict the existing Orange Blossom Mixed Use Subdistrict; and, e. Establish two new maps, depicting two County-owned sites. to correlate with the change to the countywide FLUM to designate these sites as Conservation. [TRANSMITTAL HEARING] REQUESTED ACTION and STAFF ANAL VSIS: This petition consists of several individual amendments, initiated by staff. to clarify and/or "clean-up· existing text and map provisions; to add a map depicting an existing oommercial subdistrict; to change the future land use designation of two County-owned sites in the coastal Urban area to Conservation; and, to slightly decrease a wetland preserve area to correlate with the PUD zoning on that site which reflects a wetlands jurisdictional determination. Each amendment is identified below, followed by a brief analysis. A. POTABLE WATER SUB-ELEMENT OF PUBLIC FACILITIES ELEMENT Modify Policies 1.2.2, 1.2.4, and 1.5.1, and Figure PW- 2.1, Rural Transition Water & Sewer District - Miraso/. Explanation: The figure depicting the Mirasol PUD water and sewer service area, and reference to it in policies, is no longer needed as the Mirasol PUD is included in other existing figures depicting water and sewer service areas. The proposed amendment will delete these references. Proposed Amendments: Policy 1.2.2, 181 paragraph [page 23] "Policy 1.2.2: Consistent with the urban growth policies of the Future Land Use Element of this Plan, provision of central potable water service by the County is limited to the service areas shown in this Plan and depicted on the Collier County Water District Boundaries map (Figure PW -1); the Existing and Future Potable Water Service Areas map (Figure PW-2), which includes the Rural Transition Water and Sewer District; withiÐ the Rural Tnmsitiøn Water and SeYler Distriet Mirasol map (Figere PW 2.1 ); and, to areas where the County has legal commitments to provide facilities and services as of the date of adoption of this Plan. Additionally, Towns, Villages, Hamlets, and Compact Rural Developments within the Rural Lands Stewardship Area Overlay may be served 2 Agenda Item No. 80 January 25, 2005 Page 91 of 1_14 by the County, at the County's discretion; presently, the County has no plans to serve any portion of the Rural Lands Stewardship Area Overlay. This Overlay is depicted on the countywide Future Land Use Map and map series." Policy 1.2.4, 1" paragraph [page 24] "Policy 1.2.4: Pennit development of potable water supply systems as follows: within the Designated Urban Areas of the Plan, including the outlying urban areas of Immokalee, Copeland, Chokoloskee, Plantation Island, and Port of the Islands; within the areas depicted on the Collier County Water District Boundaries map (Figure PW -1); within the Existing and Future Potable Water Service Areas map (Figure PW-2), which includes the Rural Transition Water and Sewer District; wfthæ the RHfal TraasitioB W'8.ter aBà Se·.\<eJ' Distriet Mimsøl IBa.fJ (Figæ:e PW 2.1); in Sending Lands within the Rural Fringe Mixed Use District when Density Blending, as provided for in the Density Rating System of the Future Land Use Element, is utilized; in Towns, Villages, Hamlets and Compact Rural Developments within the Rural Lands Stewardship Area Overlay; and, in areas where the County has legal commitments to provide facilities and services as of the date of adoption of this Plan. For lands within an area to receive County water service, but in which County water service is not currently available, non-County potable water supply systems shall only be allowed on an interim basis until County service is available." Policy 1.5.1 [page 29] "Policy 1.5.1: Discourage urban sprawl by pennitting universal availability of central potable water systems only: in the Designated Urban Area, in Receiving and certain Neutral Lands within the Rural Fringe Mixed Use District, in the Designated Urban-Rural Fringe Transition Zone Overlay, and in the Rural Settlement District, all of which are depicted on the Future Land Use Map, and in Towns, Villages, Hamlets and Compact Rural Developments within the Rural Lands Stewardship Area Overlay. These areas are further identified as: within the Collier County Water District Boundaries on Figure PW-I of the Potable Water Sub-element, except the outlying urban areas of Immokalee, Copeland, Chokoloskee, Plantation Island, and Port of the Islands; or within the Rural Transition Water and Sewer District Boundaries on Figure PW-2 of the Potable Water Sub-element; or in Sending Lands within the Rural Fringe Mixed Use District when Density Blending, as provided for in the Density Rating System of the Future Land Use Element, is utilized; within the Rural Lands Stewardship Area Overlay, as each Town, Village, Hamlet, and Compact Rural Development is designated; and, in areas where the County has legal commitments to provide facilities and service outside the Urban Area as of the date of adoption of this Plan. Wit-hiB SeetieB 15 (To'Nflship 48 SeatB., RaHge 2(; &st) efthe appreveå Mif8Sel P:, ~~~~~ desigBateå Nætml, eeBtFa1 potable water systems may 13e permitteå. This &fea is à . at e RU:fa1 TransitioB Water aBd Se>.'/er Disht MÌfasol map (Figure P''H 2.1)." Figure PW - 2.1, Rural Transition Water & Sewer District-Mirasol DELETE. 3 Agenda Item No. 80 January 25, 2005 page 92 of 114 B. SANITARY SEWER SUB-ELEMENT OF PUBLIC FACILITIES ELEMENT Modify Policies 1.1.2 and 1.5.1. Explanation: Reference to the figure depicting the Mirasol PUD water and sewer service area is no longer needed as the Mirasol PUD is included in other existing figures depicting water and sewer service areas. The proposed amendment will delete these references. ProDosed Amendments: Policy 1.1.2, 18t paragraph [page 25] "Policy 1.1.2: Consistent with the urban growth policies of the Future Land Use Element of this Plan, provision of central sanitary sewer service by the County is limited to: the service areas shown in this Plan and depicted on the Collier County Sewer District Boundaries map (Figure SS-l); the Existing and Future Sewer Service Areas map, which includes the Rural Transition Water and Sewer District (Figure SS-2); the Rural TFanSitioR Water aad Se'fl:er Distriet Miæsøl map (figure P'\.IJ 2.1 in the Peta.ble Water Sub elemeRt); Sending Lands within the Rural Fringe Mixed Use District when Density Blending, as provided for in the Density Rating System of the Future Land Use Element, is utilized; and, to areas where the County has legal commitments to provide facilities and services as of the date of adoption of this Plan. Additionally, Towns, Villages, Hamlets, and Compact Rural Developments within the Rural Lands Stewardship Area Overlay may be served by the County, at the County's discretion; presently, the County has no plans to serve any portion of the Rural Lands Stewardship Area Overlay. This Overlay is depicted on the countywide Future Land Use Map and map series." Policy 1.5.1 [page 31] "Policy 1.5.1: Discourage urban sprawl by pennitting universal availability of central sanitary sewer systems only: in the Designated Urban Area, in the Designated Urban-Rural Fringe Transition Zone Overlay, in Receiving and certain Neutral Lands within the Rural Fringe Mixed Use District, and in the Rural Settlement District, all of which are depicted on the Future Land Use Map, and in Towns, Vil1ages, Hamlets, and Compact Rural Developments within the Rural Lands Stewardship Area Overlay. These areas are further identified as: within the Collier County Sewer District Boundaries on Figure SS-1 ofthe Sanitary Sewer Sub-element, except the outlying urban areas ofImmokalee, Copeland, Chokoloskee, Plantation Island, and Port of the Islands; within the Rural Lands Stewardship Area Overlay, as each Town, Village, Hamlet and Compact Rural Development is designated; or within the Rural Transition Water and Sewer District Boundaries on Figure SS-2 of the Sanitary Sewer Sub-element; or in Sending Lands within the Rural Fringe Mixed Use District when Density Blending, as provided for in the Density Rating System of the Future Land Use Element, is utilized; and, in areas where the County has legal commitments to provide facilities and service outside the Urban Area as of the date of adoption of this Plan. WithiR Seetiœ 15 (TOV.'ÐShip 18 South, Rimge 26 East) of the aWFeyed Mirasel PUD, \vhieh is desigaated N ootF&l, eeHtral sanitary sewer systems may be permitteè. This area is d~ieted OR the Rural TransitioR Water and Sewer Distriøt Mirasol map (pW 2.1)." 4 - Agenda Item No. aD January 25, 2005 Page 93 of 114 C. CAPITAL IMPROVEMENT ELEMENT Modify Policy 1.4.5. Explanation: The existing policy references outdated map figures in the Public Facilities Element that depict the Potable Water and Sanitary Sewer service areas. The proposed amendment will correct these references. Proposed Amendment: Policy 1.4.5 [page 10] "Policy 1.4.5. Public facilities and services provided by Collier County with public funds in accordance with the 5-year Schedule of Capital Improvements in the Capital Improvements Element will be limited to Service Areas established within the boundaries designated on Map P'N 1 titled, "Callier County's Three (3) "later aøèJer Sewer Distriets Beæularies" Figure PW-l. "Collier County Water District Boundaries". and Figure PW-2. "Existing and Future Potable Water Service Areas". Ð:ßd pv,' 3 titled, "Raral TRmsitiøa '.Vater & Se\~..er Distriet" appear.ng in the Potable Water Sub-Element of the Public Facilities Element, and on Figure SS-I, "Collier County Sewer District Boundaries", and Figure SS-2, "Existinll and Future Sewer Service Areas", in the Sanitary Sewer Sub-Element of the Public Facilities Element. for ~'&ter Ð:ßd s&Wer. Road improvements will be provided as designated on the Schedule of Capital Improvements appearing in the Capital Improvement Element. All other public facilities and service types will be provided on a County-Wide availability basis." D. GOLDEN GATE AREA MASTER PLAN Modify maps depicting Santa Barbara Commercial Subdistrict and Golden Gate Parkway Professional Office Commercial Subdistrict, and modify text in the Golden Gate Parkway Professional Office Commercial Subdistrict, the Pine Ridge Road Mixed Use Subdistrict, and In the Randall Boulevard Commercial Subdistrict. Explanation: The Santa Barbara Commercial Subdistrict was expanded on 10/26/04. The Subdistrict text refers to the original and expanded Subdistrict areas; however, the map depicting this Subdistrict does not distinguish between these two areas in the Subdistrict. The proposed map amendment will rectify this deficiency. . On the Golden Gate Parkway Professional Office Commercial Subdistrict Map, the title and legend incorrectly identify this as a District. Also, in the legend there is a phrase "Golden Gate Parkway Residential District" which has no relevance or meaning on this map. The proposed map amendment will make these corrections. The existing text incorrectly refers to the Golden Gate Parkway Professional Office Commercial Subdistrict as a District, and incorrectly contains capital letters in the generic reference to a professional office district. The proposed amendment will make these corrections. The existing Pine Ridge Road Mixed Use Subdistrict requires a ±2.59 acre wetland preserve area. However, a wetland jurisdictional determination showing ±2.5 acres of wetlands was submitted with the rezone petition (PUDZ-A-2004-AR-5431) to expand the Cambridge Square PUD. That rezone was approved based upon that determination, and an interpretation that 5 --.- Agenda Item No. 80 January 25, 2005 Page 94 of 11~4 :!:,2.59 acres and :t,2.50 acres are approximately the same figure. The proposed amendment will change the preserve acreage from :t,2.59 acres to :t,2.50 acres so as to correlate with the PUD. The Randall Boulevard Commercial Subdistrict map does not provide much detail; the specific parcels cannot be identified on that map. The proposed text amendment will add the legal description of all properties within the Subdistrict. This is similar to the Commercial Western Estates Infill Subdistrict - that map also is very general but the text includes the legal description of the property comprising that Subdistrict. Proposed Amendments: Map 7, Santa Barbara Commercial Subdistrict. Revise to distinguish between the original Subdistrict boundaries and the expanded boundaries as approved 10/26/04. Map 8, Golden Gate Parkway Professional Office Commercial Subdistrict. Correct the map title and legend to identify this as a Subdistrict, not District. Also, in the legend, delete the phrase "Golden Gate Parkway Residential District". Golden Gate Parkway Professional Office Commercial Subdistrict text [page 22] "Golden Gate Parkway Professional Office Commercial Subdistrict The provisions of this Subdistrict (see Map 8) are intended to provide Golden Gate City with a viable PRrofessional GQ.ffice Commereial I:)Qistrict with associated small-scale retail as identified under item A, below. The Pr-efessiønal Offiee Commereial Distriøt This Subdistrict has two purposes: . to serve as a bona-fide entry way into Golden Gate City; and . to provide a community focal point and sense of place. The uses permitted within this district are generally low intensity, office development, associated retail uses, and community facility uses, such as churches, which will minimize vehicular traffic, provide suitable landscaping, control ingress and egress, and ensure compatibility with abutting residential uses. For projects contained wholly within the original Professional Office Commercial !)Subdistrict with a minimum depth of 150 feet as measured from the property line adjacent and parallel with Golden Gate Parkway, the following small-scale retail uses are permitted:" Pine Ridge Road Mixed Use Subdistrict; 5th bullet. [page 18] "Pine Ridge Road Mixed Use Subdistrict . The eastern ~ 2.5 acres, more or less, of Tract 28 shall be preserved as wetlands and no development may occur within this area." Randall Boulevard Commercial Subdistrict, 1ft paragraph. [page 29] "Randall Boulevard Commercial Subdistrict Recognizing the unique development pattern and characteristics of surrounding land uses, the Randall Boulevard Commercial Subdistrict has been designated on the Golden Gate Area Future Land Use Map. The Subdistrict is comprised of the following uroperties: Tract 71. Golden Gate Estates. Unit 23: and the East 165 feet of Tract 54. Golden Gate Estates. Unit 23. See Map 14. 6 Agenda Item No. SD January 25, 2005 Page 95 of 114 E. FUTURE LAND USE ELEMENT Modify Policy 1.1B., Policy 1.5, paragraph b.12. of the Urban Designation, the second paragraph of the Mixed Use Activity Center Subdistrict, the Vanderbilt Beach/Collier Boulevard Commercial Subdistrict, and the Conservation Designation. Explanation: Both the Livingston/Radio Road Commercial Infill Subdistrict and Livingston RoadNeteran's Memorial Boulevard Commerciallnfill Subdistrict were adopted into the FLUE on October 26, 2004; however, reference to them was inadvertently not added to the FLUE in three locations: Policy 1.1 B.; paragraph b.12. under the Urban Designation; and, in the second paragraph ofthe Mixed Use Activity Center Subdistrict. The proposed amendment will rectify these deficiencies. The Urban-Rural Fringe Transition Zone Overlay was established on February 11, 2003 with the approval of petition CP-2002-6 (related to Heritage Bay PUD/DRI). However. FLUE Policy 1.5 was not revised to reflect that overlay. The proposed amendment will rectify this deficiency. On October 26, 2004, the Vanderbilt Beach/Collier Boulevard Commercial Subdistrict was expanded, text was added pertaining to allowable uses and standards specific to the expansion area. and reference was added to Map 5-B that depicts this Subdistrict (petition CP- 2003-1). However, most. if not all, other maps located within the FLUE do not have a map number, and any map reference is to the map title. The proposed amendment will correct this map reference for consistency with other FLUE map references. Allowable density in the Conservation Designation is one outs acres, except for private in- holdings within the Big Cypress National Preserve, in which case density is allowed at 1 DU/3 acres. The intent of this exception was to accommodate previously existing parcels under private ownership; it was not intended to allow property to continue to be divided into parcels comprising 3 acres (or any other size less than 5 acres). It is believed that this exception has its roots in the 1970s related to parcel sizes created during, or prior to, land acquisition by the federal government to establish the Big Cypress National Preserve. The proposed amendment provides the needed clarification. ProDosed Amendments: Policy 1.1 B [page 11] "Policy 1.1: The URBAN Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: B. Urban - Commercial District 1. Mixed Use Activity Center Subdistrict 2. Interchange Activity Center Subdistrict 3. LivingstonJPine Ridge Commercial Infill Subdistrict 4. Business Park Subdistrict 5. Research and Technology Park Subdistrict 6. Livingston RoadlEatonwood Lane Commercial Infill Subdistrict 7. Livingston Road Commercial Infill Subdistrict 8. Commercial Mixed Use Subdistrict 9. LivingstonlRadio Road Commercial Infill Subdistrict 10. Livin2ston RoadNeteran's Memorial Boulevard Commercial Infill Subdistrict" 7 Agenda Item No. 8D January 25, 2005 Page 96 of 114. Policy 1.5 [page 12] "Policy 1.5: Overlays and Special Features shall include: A. Area of Critical State Concern Overlay B. North Belle Meade Overlay C. Natural Resource Protection Area Overlays D. Rural Lands Stewardship Area Overlay E. Airport Noise Area Overlay F. Bayshore/Gateway Triangle Redevelopment Overlay G. Urban-Rural Fringe Transition Zone Overlay Go H.Coastal High Hazard Area Boundary H.,. L. Traffic Congestion Area Boundary h J. Incorporated Areas" Urban Designation, b.12. [page 21] "I. URBAN DESIGNATION Urban Designated Areas on the Future Land Use Map include two general portions of Collier County: areas with the greatest residential densities, and areas in close proximity, which have or are projected to receive future urban support facilities and services. It is intended that Urban Designated Areas accommodate the majority of population growth and that new intensive land uses be located within them. Accordingly, the Urban Area will accommodate residential uses and a variety of non-residential uses. The Urban Designated Area, which includes Immokalee and Marco Island, represents less than 10% of Collier County's land area. The boundaries of the Urban Designated Areas have been established based on several factors, including: patterns of existing development; patterns of approved, but unbuilt, development; natural resources; water management; hurricane risk; existing and proposed public facilities; population projections and the land needed to accommodate the projected population growth. Urban Designated Areas will accommodate the following uses: b. Non-residential uses including: 12. Commercial uses subject to criteria identified in the Urban - Mixed Use District, PUD Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict, Residential Mixed Use Neighborhood Subdistrict, Orange Blossom Mixed-Use Subdistrict, GoodlettelPine Ridge Commercial Infill Subdistrict, Buckley Mixed Use Subdistrict, Vanderbilt Beach/Collier Boulevard Commercial Subdistrict, Commercial Mixed Use Subdistrict, Henderson Creek Mixed Use Subdistrict; and, in the Urban Commercial District, Mixed Use Activity Center Subdistrict, Interchange Activity Center Subdistrict, LivingstonlPine Ridge Commercial Infill Subdistrict, Livingston RoadlEatonwood Lane Commercial Infill Subdistrict, Livingston Road Commercial Infill Subdistrict, aÐEi Commercial Mixed Use Subdistrict, Livin~ston!Radio Road Commercial Infill Subdistrict. Livingston RoadNeteran's Memorial Boulevard Commercial Infill Subdistrict. and in the BayshorelGateway Triangle Redevelopment Overlay." 8 Agenda Item No, 80 January 25, 2005 Page 97 of 114 Mixed Use Activity Center Subdistrict, 2'nd paragraph [page 40-41J "Mixed Use Activity Center Subdistrict The Mixed-Use Activity Center concept is designed to concentrate almost all new commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development, and to create focal points within the community. Additionally, some commercial development is allowed outside of Mixed Use Activity Centers in the PUD Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict, Interchange Activity Center Subdistrict, TFaEiitieBw NeighÐørhoed Desiga Residential Mixed Use Neighborhood Subdistrict, Orange Blossom Mixed-Use Subdistrict, Goodlette/Pine Ridge Commercial Subdistrict, Vanderbilt Beach/Collier Boulevard Commercial Subdistrict, Livingston/Pine Ridge Commercial Infill Subdistrict, Henderson Creek Mixed Use Subdistrict, Livingston RoadÆatonwood Lane Commercial Intill Subdistrict, Livingston Road Commercial Inti]] Subdistrict, Buckley Mixed Use Subdistrict, Commercial Mixed Use Subdistrict, LivingstonlRadio Road Commercial Inti]] Subdistrict. Livinli!ston RoadlVeteran's Memorial Boulevard Commercial Inti]] Subdistrict. and the Bayshore/Gateway Triangle Redevelopment Overlay and by Policies 5.9, 5.10, and 5.11 of the Future Land Use Element. " Vanderbilt Beach/Collier Boulevard Commercial Subdistrict, 1st paragraph [page 27J "VanderbUt Beach/Collier Boulevard Commercial Subdistrict This Subdistrict is located in the northwest quadrant of the intersection of Vanderbilt Beach Road and Collier Boulevard, consisting of approximately 33.45 acres ofland for the existing area and 15.88 acres of land for the expansion area.. as depicted on the Vanderbilt Beach/Collier Boulevard Commercial Subdistrict Map~. The intent of the Vanderbilt Beach/Collier Boulevard Commercial Subdistrict is to provide convenient shopping, personal services and employment for neighboring and Golden Gate Estates residential areas, as well as to promote mixed-use development (residential uses over commercial uses). The Vanderbilt Beach/Collier Boulevard Commercial Subdistrict will reduce driving distances for neighboring and Golden Gate Estates residents, assist in minimizing the road network required, and reduce traffic impacts in this part of Collier County. This Subdistrict is further intended to create a neighborhood focal point and any development within this Subdistrict will be designed in a manner to be compatible with the existing and future residential and institutional development in this neighborhood." CONSERVATION DESIGNATION, letter "a." below 3rd paragraph [page 73J "CONSERVATION DESIGNATION Natural resource protection strategies and standards for development in the Conservation Designation are found in the Conservation and Coastal Management Element and the County's Land Development Regulations. The Conservation Designation will accommodate limited residential development and future non-residential uses. The following uses are authorized in this Designation. a. For privately held lands, single family dwelling units, and mobile homes where the Mobile Home Zoning Overlay exists, at a maximum density of one dwelling unit per tive gross acres, or one dwelling unit per 3 gross acres for pre-existing private in-holdings within the Big Cypress National Preserve - each dwelling unit must be physically situated on a minimum tive acre parcel, or minimum 3 acre parcel for private in-holdings within the Big Cypress National Preserve. This Plan does not allow residential density on publicly owned lands. " 9 Agenda Item No. 80 January 25, 2005 Page 98 of 114 . F. FUTURE LAND USE MAP (countywide) Explanation: Lely Mitigation Park site. The subject site is located on the west side of Collier Boulevard (CR-951), approximately % mile north of Rattlesnake-Hammock Road and adjacent to the north of Naples Lakes Country Club PUD, in Section 15, Township 50 South, Range 26 East. It is zoned PUD, The Club Estates (comprises the souther1y portion ofthis PUD), and consists of approximately 99.3 acres. The County acquired the property in 2002 so that it could be used for stormwater management purposes. That purchase was partially funded by the Florida Communities Trust, Florida Forever Program. The proposal is to change the Future Land Use Map designation of the property from Urban to Conservation [change map color from yellow to green] in order to address one of the requirements of a grant from that Program. The proposed amendment would enable the County to establish a park featuring natural resource-based recreational activities, such as hiking, bird watching and nature photography. Invasive exotic vegetation would be removed from the subject property and native vegetation would be planted within the park. The site would also include a one mile long nature trail, a 400 square foot wildlife observation deck, an entrance sign, interpretive signs and a small (5 cars) parking area. The Club Estates PUD comprises a total of 254.6 acres and is approved for 49 dwelling units for a gross density of 0.19 DU/A. This amendment will not affect the consistency of the PUD with the FLUE Density Rating System. American Business Park site. The subject site is located on the north side of future Livingston Road East-West, and on the east side ofthe Seaboard Coastline Railroad, in Section 10, Township 48 South, Range 25 East. It is zoned I, Industrial, and consists of approximately 77.3 acres. The proposal is to change the Future Land Use Map designation from Urban, Urban-Industrial District, to Conservation [change map color from gray to green]. The site was acquired by Conservation Collier and is intended for conservation/passive recreation uses. The Industrial designation allows basic industrial uses, business parks and research and technology parks; that designation is not intended for, nor appropriate for, the intended use of the site. Industrial uses are potentially incompatible with the intended uses of the property. Clam Bay NRPA. Clam Bay, located within Pelican Bay PUD, was the first Natural Resource Protection Area (NRPA) to be established by Collier County. However, it is not depicted on the Future Land Use Map. The proposed amendment would add the name "Clam Bay NRPN and the NRPA map notation - a horizontal green stripe pattern - to the Future Land Use Map. South Golden Gate Estates NRPA. This NRPA was established in June 2002 with the adoption of the Rural Fringe GMP amendments. The NRPA map notation exists but the NRPA name does not. The proposed amendment would remedy this omission. 10 Agenda Item No. 80 January 25, 2005 Page 99 of 114 Change/clarify Industrial Designation in vicinity of ImmokaleeAirport. The countywide FLUM reflects the Industrial boundaries as they existed in the 1989 GMP. The originallmmokalee Area Master Plan (lAMP) FLUM, adopted in 1991, contained these same boundaries. However, the boundaries changed with adoption of the EAR-based (Evaluation and Appraisal Report) lAMP in 1997 (boundaries were squared off on the east side by adding some "A" zoned properties). More importantly, the lAMP contains specific future land use designations for that area (and for all properties within the lAMP boundaries); it is appropriate to simply designate the Immokalee portion of the countywide FLUM as Urban in recognition of the more specific lAMP FLUM designations - similar to how Golden Gate City is designated Urban [yellow] on the countywide FLUM and the Golden Gate Area Master Plan contains specific future land use designations for that area. The proposed amendment would change all ofthe Industrial designation [gray] to Urban [yellow]. Location of Wiggins Pass Road, and US-41/0Id US-41 intersection. Since adoption in 1989, the FLUM has incorrectly depicted the location of these two features. Wiggins Pass Road is shown about ~ mile from the south line of Section 16, Township 48 South, Range 25 East, and the US-41/0Id US-41 intersection is shown at about the % Section line. Both features should be shifted to the north approximately ~ mile; this would place Wiggins Pass Road at about the % Section line, and the US-41/0Id US-41 intersection at about % mile north of the south Section line. The Coastal High Hazard Area (CHHA) boundary should continue to follow Wiggins Pass Road in its corrected location. The Activity Center #20 boundaries should continue to be centered around the Wiggins Pass Road/US-41 intersection at its corrected location. The proposed amendment would make these needed map corrections. Map notation referencing forthcoming map addition to depict FSA's, HSA's and WRA's in the RLSA Overtay Area. With the adoption of the Rural Lands Stewardship Area (RLSA) Overlay, a note was included on the countywide FLUM indicating various features of the RLSA would be added to the FLUM; these features appear in the FLUM Map Series on a map titled "Collier County Rural & Agricultural Area Assessment Stewardship Overfay Map". However, due to the detailed nature of the RLSA features, it is apparent that the depiction of those features on the FLUM would be illegible. Therefore, the note on the FLUM should be deleted, and replaced with a reference to the Stewardship Overlay Map. Map legend for NRPA. In the map legend, under Over1ays and Special Features, the NRPA feature - horizontal green stripe pattern - is identified with the abbreviation "NRPA". The name should be spelled out. The proposed amendment will remedy this deficiency. ProDosed Amendments: Change designation for Lely Mitigation Park site Change Future Land Use Map designation from Urban, Urban - Mixed Use District, Urban Residential Subdistrict, to Conservation [change map color from yellow to green]. Site is located on west side of Collier Boulevard (CR-951), approximately % mile north of Rattlesnake- Hammock Road and adjacent to north of Naples Lakes Country Club PUD, in Section 15, Township 50 South. Range 26 East, and consists of approximately 99.3 acres. Change designation for American Business Park site Change Future Land Use Map designation from Urban, Urban-Industrial District, to Conservation [change map color from gray to green]. Site is located on the north side of future Livingston Road East-West, and on the east side of the Seaboard Coastline Railroad, in Section 10, Township 48 South, Range 25 East, and consists of approximately 77.3 acres. 11 Agenda Item No. 80 January 25, 2005 Page 100 of 114 Clarify identification of Clam Bay NRPA Add the name "Clam Bay NRPA" and NRPA striping pattern to denote this NRPA. Clarify identification of South Golden Gate Estates NRPA Add the name "South Golden Gate Estates NRPA" to this NRPA. Change/clarify Industrial Designation in vicinity of Immokalee Airport Change all of the Industrial designation in the Immokalee area [gray] to Urban [yellow]. Correction to location of features· Wiggins Pass Road, and US-41/0Id US-41 intersection Wiggins Pass Road is shown about ~ mile from the south line of Section 16, Township 48 South, Range 25 East, and the US-41/01d US-41 intersection is shown at about the 1Iz Section line. Both features should be shifted to the north approximately ~ mile; this would place Wiggins Pass Road at about the ~ Section line, and the US-41/01d US-41 intersection at about % mile north of the south Section line. The Coastal High Hazard Area (CHHA) boundary should continue to follow Wiggins Pass Road in its corrected location. The Activity Center #20 boundaries should continue to be centered around the Wiggins Pass Road/US-41 intersection at its corrected location. Modify map notation referencing forthcoming map addition to depict FSA's, HSA's and WRA's in the RLSA Overlay Area Replace the map notation that reads: "FSA's, HSA's and WRA's will be added to the RLSA Overlay Area" with a notation that reads: "Details of the RLSA Overlay Area are contained on the Collier County Rural & Agricultural Area Assessment Stewardship Overlay Map". Modify/clarify map legend for NRPA In the map legend, under Overlays and Special Features, spell out the NRPA abbreviation, as follows: "Natural Resource Protection Area (NRPA)". G. FUTURE LAND USE MAP - MAP SERIES Explanation: Mixed Use & Interchange Activity Center Index Map. Over time, boundaries of some Activity Centers have been modified, either through GMP amendments, or through rezone petitions under the Master Planned Activity Center concept. However, some of these boundary revisions are not reflected on the Mixed l,Jse & Interchange Activity Center Index Map. The proposed amendment will revise the Index Map to accurately reflect the boundaries of all Activity Centers. Activity Center #19 Map. When the GMP was adopted in 1989, there were twenty-one (21) Activity Centers, including two on Marco Island. When the Marco Island Master Plan was adopted in 1996, it established separate commercial designations for those two former Activity Centers (#19 and #21). Accordingly, the remaining Activity Center Maps were numbered 1-18 and 20. During a subsequent GMP amendment, a map was incorrectly adopted as Activity Center #19, depicting the Activity Center at the intersection of Wiggins Pass Road and US-41. This map is in error both in that it is labeled as #19, but also because it is a repeat of the Activity Center #20 Map. The proposed amendment will delete this map. 12 Agenda Item No. 8D January 25, 2005 Page 101of 114 Vanderbilt Beach/Collier Boulevard Commercial Subdistrict Map. On October 26, 2004, the Vanderbilt Beach/Collier Boulevard Commercial Subdistrict was expanded, and text was added pertaining to allowable uses and standards specific to the expansion area (petition CP-2003-1). However, the map was not amended to show the modified boundaries. The proposed amendment will add the expansion area and distinguish between the original and expanded Subdistrict areas. Orange Blossom Mixed Use Subdistrict Map. This existing Subdistrict was adopted on May 9, 2000. However, an inset map of this Subdistrict was not adopted so as to clearly its location; only the countywide FLUM was amended to add the site. The proposed amendment will establish an inset map of this Subdistrict. Conservation Designation Maps. To correlate with the changes to the countywide FLUM to designate the American Business Park site and Lely Mitigation Park site as Conservation, this amendment will establish two new inset maps to clearly identify the two sites. ProDosed Amendments: Mixed Use & Interchange Activity Center Index Map Revise the map to accurately reflect the boundaries of all Activity Centers. Activity Center #19 Map DELETE. Vanderbilt Beach/Collier Boulevard Commercial Subdistrict Map Modify to add the expansion area approved on October 26, 2004, and to label both the original Subdistrict area and the expansion area. Orange Blossom Mixed Use Subdistrict Map Establish a new map depicting this existing Subdistrict. Conservation Designation Maps Establish two new maps, one depicting the American Business Park site and one depicting the Lely Mitigation Park site, to correlate with the change to the countywide FLUM to designate these sites Conservation. ADDITIONAL STAFF ANALYSIS: Environmentallmeacts: Most of the above amendments are minor text and/or map corrections and clarifications, and two amendments change the future land use designation to Conservation, thereby affording greater environmental protection and restricting allowable use intensity. One amendment lessens the wetland preserve area for a specific site by 0.09 acres; however, this change correlates with a PUD preserve area approved in 2004 based upon a wetlands jurisdictional determination. Accordingly, these amendments do not intensify the allowable uses or densities, and there is no new environmental impact being authorized by any of these amendments. Public Facilities Imeacts: Due to the nature of these amendments, there are no new impacts upon public facilities being authorized by these amendments. 13 .-""- ........ Agenda Item No. 80 January 25, 2005 Page 102 of 114 STAFF RECOMMENDATION: That the Collier County Planning Commission forward Petition CPSP-2004-7 to the Board of County Commissioners with a recommendation to Transmit to the Florida Department of Community Affairs. PREPARED BY: DATE: David Weeks, AICP, Planning Manager Comprehensive Planning Department REVIEWED BY: DATE: Stan Litsinger, AICP, Director Comprehensive Planning Department APPROVED BY: DATE: Joseph K. Schmitt, Administrator Community Development & Environmental Services Division Petition Number. CPSP-2004-7 Staff Report for January 6, 2005 CPCC meeting. NOTE: This petition has been advertised for the January 25, 2005 BCC meeting. COLLIER COUNTY PLANNING COMMISSION: MR. RUSSELL A. BUDD, CHAIRMAN CPSP-2004-7 Staff Report Tl1UIIImittBl G, Comp, Compo Plan Amendments, 2004 petitions dw/12-7-04 14 TO: FROM: DA TE: Agenda Item No. 8D January 25, 2005 Agc~31)f 114 <:::ro1Mr CÀ:Junt::y ~ ~.... - STAFF REPORT COLLIER COUNTY PLANNING COMMISSION COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION, COMPREHENSIVE PLANNING DEPARTMENT January 6, 2005 PETmON NO. CP-2004-4, GROWTH MANAGEMENT PLAN AMENDMENT (TRANSMI1TAL HEARING) AGENT/APPLICANT RE: Agents: Applicants: Robert L. Duane Hole Montes, Inc. 950 Encore Way Naples, Fl 34110 R. Bruce Anderson, Esq. Roetzel & Andress 850 Park Shore Drive Naples, FL 3411 0 Thomas W. Reese, Esq. 2951 61 at Avenue South StPetersburg, FL 33712 David Ellis Collier Building Industry 4779 Enterprise Avenue Naples, FL 34104 Nancy Payton Florida Wildlife Federation 2590 G.G. Parkway, #109 Naples, FL 34105 Bradley Cornell C.C. Audubon Society 660 9th Street North Naples, FL 34102 GEOGRAPmc LOCATION: The proposed Growth Management Plan (GMP) amendment primarily affects the Rural Fringe Mixed Use District (RFMUD) Sending Lands and Receiving Lands within the Agricultural/Rural Designation. REOUESTED ACTION: The petitioners, in collaboration with County staff, request to amend certain provisions of the RMFUD Sending and Receiving Lands Designations. The primary request is to amend the Sending Lands Designation to create three (3) additional Transfer of Development Rights (TDRs) bonuses. Tbe second request is to modify certain development/design standards for Rural Villages including: reducing the green belt width; reducing the acreage requirement for civic uses and public parks; removing the requirement that all roads within the Rural Village comply with County standards; and, make a minor text change to the land use mix requirements. Prooosed text amendment B. Rural Fringe Mixed Use District * * . * * * . * * . * * * C) Sending Lands: Sending Lands are those lands that have the highest degree of environmental value and sensitivity and generally include significant wetlands, uplands, and habitat for listed species. 1. Sending Lands are located entirely within the Rural Fringe Mixed Use District, and are depicted on the Future Land Use Map. Based upon their location, Sending Lands are the principal target for preservation and conservation. Private Property owners of lands designated I Agenda Item No. 8D January 25, 2005 Ag~«i)f 114 as Sending Lands may transfer density to Receiving Lands within the Rural-Fringe Mixed Use District, and to lands within the Urban Designated Area subject to limitations set forth in the Density Rating System. All privately owned lands within the Rural Fringe Mixed Use District that have a Natural Resource Protection Area (NRPA) Overlay are designated Sending Lands. 2. Maximum Base Tl'aBsfer Severance Rate: DweUiBg UBits Develooment ri2hts may be tfaBsf!ll'eå severed from Sending Lands at a maximum rate of 0.2 àwelliøg aøits TDR Credits per acre (1 àwelJ..i.Bg YBit IDR Credit per five acres). TmB5fefS Utilization of IDR Credits and IDR Bonus Credits in Receivin2 Lands may only occur in whole number increments (fœetieøal tFaBsfers fractions are prohibited). In the case of legal nonconfonning lots or parcels in existence as of June 22, 1999, where such lot or parcel is less than 5 acres in size, one à'.veUi.Bg aøit IDR Credit may be tmBsfeæà severed from said lot or parcel. Te eBS\H'e 8.ppreJ)åate e9lBfleØ5atieB te 18.ßà eWBeF& 'I,,·l'ithiB SeBEÜBg L8.ßås, the Beard e£ CeaBty CemmissieÐers may eåjast the ma.K-imum tmBsfer Fate; saah 8.ß adjastmeBt saaR ~ a GFe>;¡tß M8.ßagelBeBt PI8.ß :\1BeBåœeBt. The Basis ef sueh adjøsàBeBt shall Be 8.ß 8:ß:alysis ef prep~ '¡aæes w-it9ÌB SeÐæøg LØ:Bås, eà may iBslaàe eaøsièeFatieB af pr9Kiæity af søOO prepemes te the 1IÆ8.ß 8.fe8:. 3. Limitatiaøs aBà Pfeeea\U"e& Conditions ADDlicable to Base and Bonus IDR Credits: a) TF8RsfefS sÐaR Bet Be 8:HaweQ Base IDR Credits mav not be severed from S£ending l1ands where a conservation easement or other similar development restriction prohibits residential development. b) The ttaBsf-er severance of æHts- credits sball be recorded in public records utilizing a legal instrument detennined to be appropriate by the County Attorney's Office. Said instrument shall clearly state the remaining allowable lands uses on the subject property after all, or a portion, of the residential density has been ttaBsfefrea severed from the property . c) Where resièeBtial èeBsity h85 develooment ri2hts have been 1mBsfmea severed from Sending Lands, such lands may be retained in private ownership or may be sold or deeded by gift to another entity. d) The bonus orovisions set forth in subsections 4 throu2h 6 below are aoolicable to prooerties from which IDR Credits were severed orior to the effective date of this amendment. e) These bonus orovisions set forth in subsections 4 throu2h 6 below are also apolicable to the North Belle Meade Overlay provisions of the Future Land Use Element. f) Any Sendin2 Lands from which TDR Credits have been severed may also be utilized for miti2ation oroe;rams and associated miti28.tion activities and uses in coni unction with anv county. state or federal oen:nittinR. g) No Conveyance Bonus Credits shall be available without orovision of a olan for mana2ement and maintenance as authorized in subsection 4 below (the Environmental Restoration and Maintenance IDR Bonus). 4. Environmental Restoration and Maintenance TDR Bonus: One (1) additional TDR Bonus Credit may be issued to the owner of each five acre oarcel or le2al nonconfonnin2 lot of record. This bonus shan be granted uoon the County's acceotance of a Restoration and Perpetual Mana2etnent Annuitv Plan (RPMAP) that is consistent with a listed soecies mana2ement olan that includes habitat mana2ement. the removal of exotics and the maintenance of the land exotic free for twenty-five (25) years. The orooertv owner may contract with any of the government a2encies or contractors deemed Qualified by the County for imolementation of the RPMAP. 5. Conveyance TDR Bonus: A TDR Bonus may be issued to the owner of each five (5) acre parcel or leg-al nonconfonning-lot of record desil!:Ilated as Sendin2 Lands. at the transfer rate of one (1) additional TDR Bonus Credit for each five acres or leg-al nonconfonning lot of record for conveyance of fee simole title to a federal. state. or local 20vernmental a~ncy by gift. 2 ,- Agenda Item No. 8D January 25,2005 Ag~S])f114 6. Early Entry TDR Bonus: An Early Entry TDR Bonus shall be available in the ronn of an additional one TDR Credit for each Base TDR Credit severed ftom Sendin2 Lands ftom March 5. 2004. and for a period of three years after the adootion of the LDC in¡)lemented this Drovision. Early Entry TDR Bonus Credits may be used after the tennination of the bonus œriod. 14.Pennitted Uses: Pennitted uses are limited to the following: a) Agricultural uses consistent with Chapter 823.14(6) Florida Statutes (Florida Right to Farm Act) * * * * * * * * * * * '" 3. Rural VDlages * * * * * * * * * * * * C) Rural Villages Sizes and Density: * * * * * * * * * * * * 3. Density ~ shall be achieved as follows: a) The base density for the AgriculturallRural Designation of 0.2 dwelling units per acre (1.0 dwelling units per five acres) for lands within the Rural Village, and the land area designated as a green belt surrounding the Rural Village, is granted by right for allocation within the designated Rural Village. b) The additional density necessary to achieve the minimum required density for a Rural Village shall be achieved by 8B equal ameet any combination of TDR Credits and TDR ~nus æHts Credits. +BaH& Efor each TDR Credit acquired for use in achievin2 the minimum density in a Rural Village. one TDR &ftonus UBit Credit shall be granted. c) Additional density between the minimum and maximum amounts established herein may be achieved through any of the following, either individually or in combination: 1) Additional TDR Credits. .fl TDR Bonus Credits. ~ I) A 0.5 unit bonus for each unit that is provided for lower income residents and for entIy level and workforce buyers. ~ A density bonus of no more than 10010 of the maximum density per acre allowed for each additional acre of native vegetation preserved exceeding the minimum preservation requirements set forth in Policy 6.1.2 of the CCME. 4-~ A density bonus of no more than 10% of the maximum density per acre as provided in Policy 6.2.5 (6)b of the CCME. * * * * * * * * * * * * D) Land Use Mix: 1. Acreage Limitations * * * * * * * * * * * * f) Civic Uses and Public Parks - Minimum of 1().l..S.% of the total Village acreage. E) Open Space and Environmental Protection: 1. Greenbelts: In addition to the requirements for parks, village greens, and other open space within the Rural Village, a greenbelt averaging 300 SQQ. feet in width but not less than 200 ~ feet in width, shall be required at the perimeter of the Rural Village. The Greenbelt is required to ensure a pennanent un-developable edge sUlTounding the Rural Village, thereby discouraging sprawl... * * * * * * * * * * * * G) As part of the development of Rural Village provisions, land development regulations shall identify specific design and development standards for residential, commercial and other uses. These standards shall protect and promote a Rural Village character and shall include requirements for parks, greens, squares, and other public places. In addition to the public spaces required as a part of a Village Center or Neighborhood Center. Rural Villages shall incorporate a Village Park and neighborhood parks. In addition, the following shall be addressed: 3 Agenda Item No. 80 January 25, 2005 Ag~8l)f114 1. Rural Village, Village Center and neighborhood design guidelines and development standards: * * * * * * * * * * * * · Each Rural Village shall be served by a binary road system that is accessible by the public and shall not be gated. The primary road system within the village shall be designed to meet County standards and shall be dedicated to the public. · Access drives shall not be reauired to meet County standards. · A Rural Village shall not be split by an arterial roadway. * * * * .. * * * * .. * * V. OVERLAYS AND SPECIAL FEATURES * * * * * * * · * . . * B. North Belle Meade Overlay: . . .. * .. * . · * * * * 3. RECEIVING AREAS * . * * . . . · . . . * b. North Bene Meade Rural Village The standards for the Rural Villages in the NBM Overlay Receiving Area shall be generally the same as provided for in the Rural Fringe Mixed Use District. However, because of the NBM Receiving Area's location adjacent to Estates, the NBM NRPA, and other Sending Lands, it does not have access to existing commercial uses, which should be encouraged on NBM Receiving Lands. The following exceptions shall apply: 1) The minimum gross density shall be 1.5 dwelling units per gross acre and a maximum of 3 units per gross acre. 2) A minimum of 0.5 dwelling units per acre shall be acquired through TOR Credits and TDR Bonus Credits. * . . . . * . . . * . . Words IIIN!k thftJøgh. IIJ'e delcti011ll; words underlined IIJ'e Bdditi011ll . . . . . . . . . . . (Indicates break in text.) FLUE text is derived from both the existing FLUE text and "glitch amendment" text - CPSP-2003-11, adopted October 26,2004, but not in affect mSTORY OF THE RURAL FRINGE GMP AMENDMENTS: The Governor and Cabinet issued a Final Order on June 22, 1999, pertaining to GMP amendments adopted in 1997 pursuant to the 1996 Evaluation and Appraisal Report. The Final Order required the County to conduct a Rural and Agricultural Assessment for the Rural and Conservation Designated lands within the County, and then adopt measures to protect natural resources such as wetlands, wildlife and their habitats, and prevent the premature conversion of unique agricultnrallands to other uses. This was to be accomplished while directing incompatible land uses away from these sensitive lands by employing creative land planning techniques. The Final Order allowed the County to conduct this Assessment in phases. Accordingly, the County divided the Assessment into two geographical areas, the Rural Fringe Area and the Eastern Lands Area. Relevant to this petition, the Rural Fringe Mixed Use District (RFMUD) was established. The RFMUD represents a transitional area between Golden Gate Estates and the County's urban area, and between the urban area and vast agricultural lands and agricultural operations farther to the east. The RFMUD consists of approximately 73,222 acres (refer to attached RFMUD Map) and is divided into three distinct designations: Sending Lands (:±: 41,535 ac.), Receiving Lands (:±: 22,020 ac.), and Neutral Lands (:±: 9,667 ac.). Allowable uses, density, and preservation standards vary by designation. 4 ~_. Agenda Item No. 80 January 25, 2005 Age~bí!'S])f 114 Sending Lands are those lands that have the highest degree of environmental value and sensitivity and generally include significant wetlands, uplands, and habitat for listed species. Density is limited to 1 dwelling unit per 40 acres or 1 dwelling unit per legal non-confonning lot/parcel of record (created on or before June 22, 1999). Transfer of development rights from Sending Lands may occur at a rate of 1 dwelling unit per five acres (0.2 dulac.) or 1 dwelling unit per legal non-confonning lot/parcel of record. Receiving Lands are those lands identified as being the most appropriate for development and to which residential units may be received from areas designated as Sending Lands. The base residential density (non-Rural Village development) is 1 dwelling unit per 5 acres (0.2 dulac.) or 1 dwelling unit per legal non-confonning lot/parcel of record. The maximum density achievable for non-Rural Village development is 1 dwelling unit per acre, through the Transfer of Development Rights (TDRs). The minimum and maximum density for Rural Village development within Receiving Lands is 2 dwelling units per acre and 3 dwelling units per acre, respectively, except that the minimum density for Rural Village development on Receiving Lands within the North Belle Meade Overlay is 1.5 dwelling units per acre. Neutral Lands are those lands suitable for semi-rural residential development. Generally, Neutral lands have a higher ratio of native vegetation than lands designated as Receiving Lands, but do not have values approaching those in the Sending Lands. The maximum residential density is limited to 1 dwelling unit per 5 acres (0.2 dulac.) or legal non-confonning lot/parcel of record. These lands are "neutral" to the. TDR program and do not generate or receive residential density. The TDR program was primarily established and implemented to protect and conserve the most valuable environmental lands, while providing a mechanism for affected property owners to recover lost value and development potential through the transferring of such development rights to more appropriate lands. Within the RFMUD, residential development rights of Sending Lands may be severed and the TDR credits transferred to designated Receiving Lands. The TDR program also employs the use of other incentives, such as provisions for central water and sewer and clustering, in order to direct development away from Sending Lands and into Receiving Lands and thereby maximize native vegetation and habitat preservation and restoration of other natural resources. As part of the public information program, the County sent letters to Sending Lands property owners (refer to attached sample letter), created a TDR Registry on the website, added TDR program infonnation on the Department website (refer to attached website page) and created a TOR program brochure (refer to attached brochure). The present TOR program provides residential density bonuses for additional preservation of native vegetation, wetland mitigation, Rural Village development and affordable housing (within Rural Villages). These bonuses provide a means to increase residential density from the base density (1 dul5ac. or legal non-confonning lot of record) to the maximum density permissible in the Receiving Lands Designation. Bonuses are granted at a rate of I additional dwelling unit per 5 acres (0.2 dulac.) or legal non-confonning lot/parcel of record for each bonus provision. PURPOSEIDESCRlPTION OF PROJECT: The purpose of this TDR bonus amendment is to provide additional incentives to Sending Lands owners to encourage their participation in the TOR program, thereby furthering the objectives of the RFMUD to protect and conserve the County's natural resources. The three bonuses proposed are intended to augment the existing program by providing additional dwelling units to Sending Lands owners for early severance, land management after severance, and conveyance of the Sending Lands to a government agency. The purpose of the Rural Village modifications is to promote Rural Village development by providing greater flexibility for project design and to increase the acreage for income-generating land uses. 5 Agenda Item No. 80 January 25, 2005 Ag~8:Df114 STAFF ANALYSIS: TDR Bonuses: The Growth Management Plan (GMP) requires that the Transfer of Development Rights program be reviewed and analyzed a year after adoption. Since the date of adoption of the implementing LDC provision (February 2004) and completion of administrative processes (approximately March 2004), a Stakeholders Group - including but not limited to: environmental interests, development interests, County staff and consultants, and property owners - met July 20, 2004, to discuss the effectiveness of the program, as directed by the Board of County Commissioners. The Summary Consensus notes from the July meeting are attached. To date, County records indicate that zero TDRs have been severed from the approximately 21,127 acres of Sending Lands eligible for participation in the TDR program (:±: Y2 of the Sending Lands are owned by the State of Florida - government lands are not eligible to participate). County records also indicate eighteen out of a potential 4,312.49 TDR Credits have been listed for sale (refer to the attached TDR database listing). Along with the real or perceived lack of participation, the Stakeholders Group has identified potential shortcomings in the TDR program (refer to memorandum from Roetzel & Andress as an example). The consensus of the Group is that the TDR program is lacking a vital environmental protection component that addresses protection of sensitive lands after the development rights have been severed. The present program provides for the transfer of such rights but does not require nor provide an incentive for land management. Additionally, there is a consensus among the Group that the TDR program lacks the necessary residential density bonuses to achieve development of Rural Villages. The subject amendment proposes to address these shortfalls by providing three additional residential density bonus provisions in the RFMUD, Sending Lands: Early Entry TDR Bonus, Environmental Restoration and Maintenance TDR Bonus, and a Conveyance TDR Bonus. The Early Entry TDR Bonus provides a residential density bonus as an incentive to participate early in the TDR program. This bonus is granted at a rate of 1 dwelling unit per 5 acres (0.2 du/ac.) or legal non- conforming lot/parcel of record, for the severance of TDRs from designated Sending Lands within 3 years from the effective date of an implementing Land Development Code provision. The Environmental Restoration and Maintenance TDR Bonus is intended to augment the existing TDR program, by providing an incentive to manage Sending Lands, including the removal of exotics for a period of twenty-five years, after the severance of development rights. A residential density bonus is granted at a rate of 1 dwelling unit per 5 acres (0.2 du/ac.) or legal non-confonning lot/parcel of record upon the acceptance and approval of a Restoration and Perpetual Management and Annuity Plan by the County. The Conveyance TDR Bonus is granted to those property owners who first have an approved Restoration and Perpetual Management Plan and then convey the property by way of fee simple title to a local, state, or fedeml government agency by gift. A residential density bonus is granted at a rate of 1 dwelling unit per 5 acres (0.2 du/ac.) or legal non-confonning lot/parcel of record. Collier County retained the consulting services of James C. Nicholas, PhD, who assisted in the creation of the existing TDR program, to analyze the three bonus provisions and their impact on the TDR program. Based on this analysis (refer to the attached Memorandum from Dr. James Nicholas), staff projected the utilization rates for the three bonuses and their potential impacts. Staff estimates that for the fIrst three years of the program approximately fifty percent of the base TDR credits will be severed and fifty percent of the proposed bonuses will be used. After the initial three-year period staff estimates that approximately eighty percent of the remaining base TDR credits will be severed and fifty percent of the proposed bonuses will be used, except that the Early Entry Bonus will have expired. 6 Agenda Item No. 80 January 25, 2005 A~IJ)f114 Based on the above percentages, the TDR bonuses might generate approximately 8,192 additional dwelling units and increase the Receiving Lands population by +20,000 to ±22,OOO people. SCENAlUO:#l SCENARIO: #2 CUMClLATWE 50% BASE SEVERANCE 80% BASE EVERANCE SCENARIO #1 AND AND AND DWELLING UNITe 500/. BONUS 500/. BONUS SCENARIO #2 UTILIZATION RATE UTILIZATION RATE (FIrlt 3 Years) (After 3 years) 'I]).RB.uISEVi)RAilS'CE 2.t$6 1.724 .. 3;880 EARLY ENTRY TDR BONUS 2.156 Not aPÐlicable 2.156 ENVIRONMENTAL RESTORATION AND MAINTENANCE TDR 2,156 862 3,018 BONUS CONVEYANCETDR 2,156 862 3,018 BONUS TOTAL. DWELLING UNITS RESULTING ',468 1,724 8,192 FROM AMENDMENT ,. The btue IeVB1Tlnce units are 1IOt IltCluded In the dwelling unit totals. ,. There Is a toUll of ±.22,020 aCFU of Receiving Lands ,. The btz.fe dÐl.rlty in the Receiving Lands Is 1 dv/5 ac. or ±.4,404 dwelling IlIIlts (total doe.J not accOU1Itfor legal non-confol'llllng loú/ptzrce18 < 5 acres) ,. An addIttolllll IlIIlt Is grtzIIledfor each TDR sevef'fUlCefor Rural Vtllage development 111 Receiving Lands (Scenario #I-add 2,156 dwelling Mlts and SceNZrio# 2-add 1,724 dwelllng units) ,. Scenario #2 is 1xued on 80% of the 1'elNtzlnlllgpotentltzl TDR Credits tzWlllable after Sce1Ulrlo #1 (i. e. 80% of2,156) POPULATION SCENARIO: #1 50% BASE SEVERANCE AND 50% BONUS UTILIZATION RATE (FIrst 3 Years) du x 4(;8- SCENARIO: #2 80% BASE EVERANCE AND 50% BONUS UTILIZATION RATE (After 3 years) ¡du I 1 72 CUMULATIVE SCENARIO #1 AND SCENARIO #2 (p/du x 8,192=pl)p.) lOO%SINGLE-FAMIL Y (pop. calculated at 2.66 pldu) 17205 4586 21 791 100% MULTI-FAMILY (pop. calculated at 2.52 pldu) 16,299 4345 20,644 50% SINGLE-FAMILY & 50% MULTI-FAMILY (pop. calculated at 2.59 p/du) 16 752 4465 21 217 ,. pldu ~ pers01l.J per dwelling unit 7 Agenda Item No. 80 January 25, 2005 Ag~ ISDf 114 - Public Facilities Impacts: ROAD IMPACTS (Trip. Gen.rated) CUMULATIVE SCENARIO #1 AND SCENARIO #1 (Dwelling Units 8,192) loo%SINGLE-FAMIL y (Land Use 110) 6tIJ Edition Trip Generation ITE 9.57 tri du 9.57 X 6,468=61,899 9.57 X 1,724=16,498 9.57 X 8,192=78,397 1000/. MULTI-FAMILY (Land Use 230) 6'" Edition Trip Generation ITE 5.86 . du 5.86 x 6,468=37,902 5.86 x 1,724=10,103 5.86 x 8,192=48,005 50% SINGLE-FAMILY & 50% MULTI-FAMILY 6tIJ Edition Trip Generation ITE 9.57 tripsldu (single-family) 5.86 . sldu multi-famil 9.57 x 3,234=30,949 5.86 x 3,234=18,951 9.57 x 862=8,249 5.86 x 862= 5,051 9.57 x 4,096=39,198 5.86 x 4,096=24,002 SCENARIO: #1 SCENARIO: #2 CUMULATIVE 50% BASE SEVERANCE 80% BASE EVERANCE SCENARIO #1 AND AND AND POTABLE WATER 50% BONUS 500/. .BONUS SCENARIO #2 (Consumption) UTILIZATION RATE UTILIZATION RATE (FIrst 3 Yean) (After 3 yean) (185 GPD/Capita :x: Pop.) (1S5 GPD/Capita :x: POD.) (185 GPD/Caplta :x: POD.) 100%SINGLE-FAMIL Y 17,205 x 185=3.18MGD 4,586 x 185=. 85 MGD 21,791 x 185=4.03 MGD 100% MULTI-FAMILY 16,299 x 185=3.02 MGD 4,345 x 185=. 80 MGD 20,644 x 185=3.82 MGD 500/. SINGLE-FAMILY & 50% MULTI-FAMILY 16,752 x 185=3.10 MGD 4,465 x 185=. 83 MGD 21,217 x 185=3.93 MGD 8 ,- Agenda Item No, 8IJ January 25, 2005 A~1I)f114' - SCENARIO: #1 SCENARlO: #1 CllMIJLA.TWE 500/. BASI: SEVERANCE 80% BASEEVERANCE SCENARIO #t AND AND AND WASTEWATER 50% BONUS 50% BONUS SCENARIO #2 (Con8Umptlon) UTILIZATIONRA TE UTILIZATION RATE (First 3 Years) (After 3 yean) (120 GPD/Caplta x Pop.) (120 GPD/CaDita x PoP.) (I20GPD/Capfta x POP.) lOO%SINGLE- FAMILY 17,205 x 120=2.06 MGD 4,586 x 120=. 55 MGD 21,791 x 120=2.61 MGD 100% MUL TI-FAMIL Y 16,299 x 120=1.96 MGD 4,345 x 120=.52 MGD 20,644 x 120=2.48 MGD 50% SINGLE-FAMILY &50% MULTI- 16,752 x 120=2.01 MGD 4,465 x 120=.54 MGD 21,217 x 120=2.55 MGD FAMILY SCENARlO:#l SCENARIO: #2 CUMULATIVE 50% BASI: SEVERANCE 80% BASE EVERANCE SCENARIO #1 COMMUNITY AND AND AND AND REGIONAL 50% BONUS 50% BONUS SCENARIO #2 PARKS UTILIZATION RATE UTILIZATION RATE (Demand Genarated) (First 3 Years) (After 3 yean) l00%SINGLE- FAMILY Community park 1.29 x 17.205=22 ac. 1.29 x 4.586=6 ac. 1.29 x 21.791=28 ac. 1.29ao'l000p Regional Park 2.94ac/I0000 2.94 x 17.205=51 ac. 2.94 x 4.586=13 ac. 2.94 x 21. 791 =64 ac. 100% MULTI-FAMILY Community park 1.29 x 16.299=21 ac. 1.29 x 4.34595 ac. 1.29 x 20.644=27 ac. 1.29ac1l00Op 2.94 x 16.299=48 ac. 2.94 x 4.345=13 ac. 2.94 x 20.644=61 ac. Regional Park 2.94ac/lOOOo 50% SINGLE-FAMILY & 50% MUL TI- FAMILY 1.29 x 16.752=21 ac. 1.29 x 4.46595 ac. 1.29 x 21.217=27 ac. Community park 1.29ac1l000p 2.94 X 16.752=49 ac. 2.94 x 4.465=13 ac. 2.94 x 21.217952 ac. Regional Park 2.94ac110000 9 Agenda Item No. 80 January 25, 2005 Agç~ Ii)!' 114 SCENAR.IO: #1 SCENARIO: #2 CUMULATWE 50% BASE SEVERANCE 80% BASE EVERANCE SCENARIO #1 AND AND AND SOLID WASTE 50% BONUS 500/. BONUS SCENARIO ##2 (Generated) UTILIZATION RATE UTILIZATION RATE (First 3 Years) (After 3 yean) (1.22 tonllyr/capita) (1.22 tonslvr/capita) (1.22 tontlÝr/captta) loo%SINGLE-FAMILY 1.22 x 17,205=20,990 1.22 x 4,586=5,595 1.22 x 21,791=26,585 100% MULTI-FAMILY 1.22 x 16,299=19,885 1.22 x 4,345=5,301 1.22 x 20,644=25,186 500/. SINGLE-FAMILY & 50% MULTI-FAMILY 1.22 x 16,752=20,437 1.22 x 4,465=5,447 1.22 x 21,217=25,884 As identified in the tables above, the three TDR bonuses will generate additional dwelling units and population, resulting in increased impacts on Category "A" public facilities: roads, potable water, sanitary sewer, drainage, solid waste, and community and regional parks. (The above tables do not reflect drainage impacts due to the standards for level of service, which is based on a 3-day stonn event and a 25-year return frequency event.) These impacts, however, will not be "significant"(generating potential for increased countywide population greater than 3% of the BEBR high range population projections for parks, solid waste, potable water, sanitary sewer and drainage facilities, as defined in Policy 1.1.2 of the cm and other applicable Growth Management Plan Elements). Specific road impacts will be difficult to detennine because of the uncertain geographical location, within the RFMUD Receiving Lands, of these additional units and associated population. Primarily, the major roadways within or leading to/from the RFMUD will be affected by the increased demand: Immokalee Road (C.R 846); Collier Boulevard (C.R 951); Tamiami Trail East (U.S. 41); Vanderbilt Beach Road (C.R. 862) extension; and Golden Gate Boulevard. crn Policy 1.1.2 defines "significant impact" as generating a volume of traffic equal to or greater than 3% of the adopted LOS standard service volume of an impacted roadway. As noted above, due to the uncertainty as to the location of the added population, a specific analysis of impacts upon roads cannot be detennined. However, during review of subsequent development orders for projects within the Rural Fringe Mixed Use District, a project-specific road impact analysis will be required. Rural Villa£e Modifications: In addition to the TDR bonuses proposed by this amendment, the Stakeholders Group, at the July 2004 meeting, discussed and reached consensus on reducing the green belt width for Rural Village development. At the meeting, representatives from the development community expressed concern that the existing green belt width impedes development and suggested a reduction in width would allow greater design flexibility for projects and would not undermine the objective of providing a pennanent un- developable edge surrounding the Rum} Village. thereby discouraging sprawl. The applicant is also requesting to modify the Rural Village provision: to reduce the acreage requirement for civic uses and park uses from 15% to 10010; to remove the requirement that all roads within the Rural Village comply with County design standards; and modify text relating to the mixture of land uses required to serve the residents of a Rural Village by removing the word "shall" and replacing it with ''be sufficient to." 10 <-< Agenda Item No. 80 January 25, 2005 Ag~3l)f114 The applicant ãsserts that the acreage required for civic and park uses exceeds the needs of the residents within Rum! Villages and the-acreage requirement along with other land commitments for green belts, green space, neighborhood centers, etc. reduces the area for "income-producing property". Accordingly, a reduction in acreage for civic and park uses will not result in a shortage of land required to serve the residents, but instead provide additional income-producing acreage. The applicant is also proposing that only the "primary" road system within a Rural Village meet County road design standards. The applicant's rationale is that neighborhood streets may be private and may be designed consistent with the compact design/development of a Traditional Neighborhood Allowing secondary roads to be private, thereby allowing different standards, is consistent with County approval of projects in the urban area. Staff believes that the requested changes to the Rural Village provision to reduce the green belt width and modify other development standards are reasonable. The changes proposed would not compromise Rural Village design or adversely impact services to Village residents. FINDINGS AND CONCLUSIONS: · The proposed amendment seeks to further the intent of the Rural Fringe Mixed Use District by providing additional incentives to preserve and protect the County's natural resources. · The utilization of the Environmental Restoration and Maintenance Bonus will result in better habitat management of protected Sending Lands. · The three bonus provisions may potentially result in ±8,192 additional dwelling units and ± 22,000 additional persons in the RFMUD Receiving Lands. · The increase in population resulting from this amendment would not create a significant impact on Category "A" public facilities. · Dr. James Nicholas generally agrees with the IDR bonuses proposed by this amendment and believes that the present lack of participation in the TDR program necessitates action that would encourage participation, such as enhancing the incentives. Based upon the review of Dr. Nicholas' memorandum, review of public facilities impacts, and various documents provided by the applicants, staff believes the proposed IDR bonuses are appropriate. Additionally, based upon the applicants' infonnation and staff analysis the proposed Rural Village modifications are also appropriate. EAC RECOMMENDATION: The Environmental Advisory Council (RAC) held their hearing on this petition December I, 2004, and unanimously (6-0) recommended approval. A second motion was made to request that: I) the uses allowed in the Sending Lands be reviewed for consistency with the intent of the RFMUD to protect natural resources; and, 2) an authority to manage funds for land management be established. This motion also passed unanimously. 11 Agenda Item No. 80 January 25, 2005 Ag~C:Df114 STAFF RECOMMENDATION: That the CCPC forward Petition CP-2004-4 to the BCC with a recommendation of approval to transmit to the Florida Department of Community of Affairs. Prepared By: Date: Michele R. Mosca, AICP, Principal Planner Comprehensive Planning Department Reviewed By: Date: David Weeks, AICP, Manager Comprehensive Planning Department Reviewed By: Date: Stan Litsinger, AICP, Director Comprehensive Planning Department Approved By: Date: Joseph K. Schmitt, Administrator Community Development and Environmental Services Division PETITION NO.: CP-2004-04 Staff Report for the January 6. 2005. CCPC Meeting. NOTE: This petition has been advertised for the January 25. 2005. BCC Meeting. COLLIER COUNTY PLANNING COMMISSION: Russell A. Budd, Chairman 12 EXECUTIVE SUMMARY Agenda Item No. 9A January 25, 2005 Page 1 of 29 ;'~'" APPOINTMENT OF MEMBER(S) TO THE LAND ACQUISITION ADVISORY COMMITTEE OBJECTIVE: To appoint 1 member to serve a 3-year tenD, expiring on February 11,2008, to the Land Acquisition Advisory Committee. CONSIDERATIONS: The Land Acquisition Advisory Committee was created by Ordinance No. 2002-63. This 9-member committee's primary responsibility is to recommend to the BCC an Active Properties Acquisition List with qualified purchase recommendations of environmentally sensitive lands consistent with the goals of the Conservation Collier Land Acquisition Program. Membership of the committee shall comprise broad and balanced representation including environmental and conservation interests, agricultural and business interests, educational interests, and general civic and citizen interests within the County. Members shall have expertise, knowledge or interest in ecology, conservation of natural resources, real estate or land acquisition, land appraisal, land management, eco-tourism or environmental education. A list of the current membership is included in the backup. Ms. Linda A. Lawson resigned on November 8, 2004. A press release was issued and resumes were received from the following 8 interested citizens: APPLICANT CATEGORY mn ELECTOR ADV. COMM. ",- Shane Alan McIntosh Env/Conservationl A2IBs/Ed/RE/ ACCI. 4 Yes None Len Berringer Educational/Eco-tourism 3 Yes None Anthony P. Pires, Jr. Land Use Attorney 2 Yes Coastal Adv. Com Charles Max Cudd Ag/Bs/RE/& Land. ACQuisition 3 Yes None Bruce S. Preble Env/ConservationIRE/ ACCluisition 4 Yes None John Arena Education 5 Yes None Charles L. Martin. Jr. Ag/BslRElLand ACQuisition 3 NO None Richard H. Stillman A2/BslEdfRP/Land ACQuisition 3 Yes None COMMITTEE RECOMMENDATION: Anthony P. Pires, Jr. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confinning the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: JANUARY 25, 2005 ,.."'...... ~~'_.._-,~,,-'"'-_.,...,...,'»,..'",....- ,..,......"...."'"',.,....'...... .,-,"~"...,.."'...--~,.. Agenda Item No. 9A January 25, 2005 Page 2 of 29 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary Meeting Date 9A Appointment of member to the Land Acquisition Advisory Committee. 1/25/20059:00:00 AM Prepared By Date Sue Filson Executive Manager to the BCC 1/13/200511:36:18 AM Board of County Commissioners BCC Office Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1/13/2005 12: 11 PM ,-" Agenda Item No. 9A January 25, 2005 Page 3 of 29 Memorandum To: Sue Filson, Executive Manager, Board of County Commissioners Cc: Bill LOTenz, Director, Environmental Services Department From: Alexandra J. Sulecki, Coordinator, Conservation Collier Program Date: January 12, 2005 Subject: Recommendation for Conservation Collier Committee appointment On January 10, 2005, the Conservation Collier Land Acquisition Advisory Committee (CCLAAC) met at their regularly scheduled monthly meeting and discussed the appointment of one member to fill the upcoming vacancy for the term that will expire on February 11,2005. After discussion about the eight applications, a motion was made and seconded to recommend that Anthony P. Pires, Jr. be appointed for this conunittee seat. This recommendation was based on the applicants stated qualifications. Members agreed that Mr. Pires was qualified and they also wanted to replace the skills of the committee member who had previously served, who was also a land use attorney. The motion and second were unanimously approved. Please find attached a table identitÿing how each of the eight applicants met the qualifications required for service on the CCLAAC. Environmental Services Department Community Development & Environmental Services Division <:LOO'> - O'>ON ,0_ ON 0 ZLÒ""'" EN () ()>,OJ _,-ro -roC\.. ro::J -oe ero ()'"') OJ <: on 8 N Ô .... ~ W ::J C W ., JI .8 ~ õ ~ ~ ;;:¡ en J g (.) ð J .. õ (.) :S ~ I c o U :! Ii ww Ii > :Ii I-- I ~ '1-,- I ::s ~ ! t-- ~ . .. .f ~~ li- ei >í <!.~I- .-:1 ~I - l- I ¡ !_C- d~ ~6 'gc z ID jif .. IF <3 Z .... III I It 6 ! _I-I.~)I- .!j j.. )1 '&S1~J9 iBl-ljl1 )1 ð¡:J Ii ~ Ij Ii ¡; iI- !jli,f Hi ¡Iii! !iõJ!l~ 1·-111 ~4õ6 &4õtš~ aJii ~Jo I~~ i~~~ ~ø;: .s;øhz I~ z c J o 'D Iii .!ì! > o I c! z CD 4õ .6 ~ .c (I) .11 ~ c ID I j ~ I ) .E j ~ If w I ~ 1ii ::J ~ 'D .E E ... 't: ~ W . Ii :Ii il ~~ ~J ; J j :1 ¡~:! : o:ð:l ! > ... .. 6 u Ii ~ ..... .... ...... -...: ....: ....: Ii a) of ,¡ ~ ~ .... - .....: ...: .¿ Ii ~ ~ Ii Ii :Ii :Ii .0 j 'D '!ic !:~ J <!oo ~ )( Ii I: ~ )( )( a) a) Ii ~ ~ ~ J 'Is c :8 !I ¡I 0: ¡ Ii CIi ~ ~ ;I w CIi ;!i Ii :Ii ) iI Gi Ji~ :Ii I t Ii .~ ï :Ii <Ii c'D6 wio Ii Ii Ii ~ ~ ~ ai Ii ~ ~ ai iii ;I . I~¡~! íl c~ .;ltll~() d;ii¡iîi Zø....l.:ë (.) CD... 00: o Z-N C').... on CD - ,... CD Z Agenda Item No. 9A January 25, 2005 Page 5 of 29 Land Acquisition Advisory Committee Work Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Willis P. Kriz 02/11/03 02/11106 3 Years 770 Waterford Drive, #303 732-1982 Naples, FL 34113 E-Mail: District: 1 Category: EnvironmentaVAglCivic Ms. Ellin Goetz 643-0077 02/11/03 02/11/06 3 Yeacs 439 3rd Avenue, North 263-6147 Naples, FL 34102 E-Mail: District: 4 Category: AgricuhuraVBusiness Environmental/Conservation ~r. Wayne Jenkms 352-3175 02/11103 02/11/06 3 Years 2500 Jenkins Way 455-8109 /'-- Naples, FL 34117 E-Mail: District: 5 Category: Civic/Conservation - IÞ ~e / Ms. Linda A. Lawson çe ~/O-\ 591-3580 02/11/03 02111/05 2 Years 1770 Oakes BouJevard t\./ 591-3580 . Naples, FL 34119 E-Maü: District: 3 Category: Env/Ag/ConservationlReal Estate Mr. William H. Poteet, Jr. 403-3840 02/11/03 02/11/05 2 Years ,/ 6180 Star Grass Lane 352-6822 Naples, FL 34116 E-Mail: District: 3 Category: AglBusiness/ConservationlReal Estate . -. Wednf!IJday, November 17, 2004 Page 10f3 Agenda Item No. 9A January 25, 2005 Page 6 of 29 ~ Land Acquisition Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ntlExpDate 2nd Term Ms. Kathy Prosser 403-4210 02/11/03 4757 Cerromar Drive 530-7705 Nap]es, FL 34 I 12 E-Mail: District: 1 Category: EnvironmentaVEcology/Conservation 02111/05 2 Years ~ Ms. Mimi Wo]ok 403-9992 111]6/04 02/11/07 I 112 Trail Terrace Drive 403-9992 Naples, FL 34103 E-Mail: mwolok@peganet.com District: 4 Category: EnvironmentaVEcology/Conservation/RE & Land Acq ,_., ,--~'.' Mr. Michael Delate 947-1144 02111/03 574 100th Avenue North 592-9834 01/27/04 Naples, FL 34108 E-Mail: mdelate@gradyminor.com District: 2 Category: Environmental/Civic/Conservation Mr. Marco A. Espinar 263-2687 02/11/03 3880 Estey Avenue 01/27/04 Naples, FL 34104 E-Mail: District: 4 Category: Environmental/ Ag/CiviclEco logy Wednesday, November 17, 2094 Page 2 of 3 2 Years 02111/04 02/11/07 I Year 3 Years 02111/04 02/11/07 1 Year 3 Years Agenda Item No. 9A January 25, 2005 Page 7 of 29 Land Acquisition Advisory Committee Na.me Work Phone Home Phone Appt'd Exp. Date DateRe-appt 2ndExpDate Term 2nd Term The land Acquisition Advisory Committee was created by Ordinance No. 2002-63. This 9- member committee's primary responsibility is to recommend to the BCC an Active Properties Acquisition List with qualified purchase recommendations of environmentally sensitive lands consistent with the goals of the Conservation Collier land Acquisition Program. Membership of the committee shall comprise broad and balanced representation including environmental and conservation interests, agricultural and business interests, educational interests, and general civic and citizen interests within the County. Members shall have expertise, knowledge or interest in ecology. conservation of natural resources, real estate or land acquisition, land appraisal. land management, eco-tourism or environmental education. -re\,M5 '3 iea t$ ,.- FL STAT Staff: Bill Lorenz: 732-2505 Wednesday, November 17, 2004 Page 3 013 [) , MEMORANDUM Agenda Item No. 9A January 25, 2005 Page 8 of 29 DATE: December 13,2004 TO: Elections Office FROM: Sue Filson, Executive Manager Board of County Commissioner RE: Voter Registration - Advisory Board Appointments The Board of County Comnñssioners will soon consider the following individuals for appointment to one of the couníYs advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. LAND ACQUISITION ADV COMM COMMISSION DISTRICT Shane Alan McIntosh j-tS c¡ 141 5th Street N Naples, FL 34102 Len Berringer f~S 3 380 Harvard Court Naples, FL 34104 ;2 Anthony P. Pires, Jr. /~S 209 Madison Drive Naples, FL 34110 Charles Max Cudd ·j¿s 5 10939 Fieldfair Drive Naples, FL 34119 Bruce S. Preble ItS ¿¡ 4703 Lighthouse Lane RECEIVED t Naples, FL 34112 John Arena jes s- DEe í 4 2DD4 1120 19th Street, S.W. Board of COlJo'[.¥ Commíss' Naples, FL 34117 . . !O{er~ ). .. \\ eJ -1 /(¡ øÞY Charles L. Martin, Jr. Cß \V'(T\ V..I, t< e(l WJ 6871 Bottle Brush Lane \~' ~~~llq7- ',~'¡' ,,'0"'1) Naples, FL 34109 \" ~"J ~~ . ",.?" 1 ~ ~o~ ~ Richard H. Stillmaa 11-°-r / t! S 156 Spring Lake Circle 3 Naples, FL 34119 Agenda Item No. 9A January 25,2005 Page 9 of 29 Thank you for your help. RECEIVED 'Ìr"~' ... . -/ 4 2004 f1oar( !If . l1iHlì , \.(¡¡IOr.) '';., ;1 -"H:Ër, Agenda Item No. 9A January 25, 2005 Page 10 of 29 MEMORANDUM DATE: December 13,2004 TO: Alex Sulec]¡j, EnWomnental '< Sue Filson, Executive Manager--(\ , Board of County Commissione¡:s../· FROM: RE: Land Acquisition Advisory Committee As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Shane Alan McIntosh 141 5th Street N Naples, FL 34102 Len Berringer 380 Harvard Court Naples, FL 34104 Anthony P. Pires, Jr. 209 Madison Drive Naples, FL 34110 ~.,.~.. Charles Max Cudd. 10939 Fieldfuir Drive Naples, FL 34119 Bruce S. PrebJe 4703 Lighthouse Lane Naples, FL 34112 John Arena 1120 19th 'Street, S.W. Naples, FL 34117 CbarJes L. Martin, Jr. 6871 Bottle Brush Lane Naples, FL 34109 Richard H. Stilhnan 156 Spring Lake Circle NapJes, FL 34119 Agenda Item No. 9A January 25, 2005 Page 11 of 29 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-ftame, and I will prepare an executive summary for the Board's consideration. Please categorize the appBcants in areas of expertise. If you have any questions, please call me at 774-8097. Thank: you for your attention to this matter. SF Attachments Shane Alan McIntosh Dec 09 004 004~55p ....'v...,...uu. J,ó>:UU J'U 9417743602 Bee 239-0436-5865 p.l Agenda Item No. 9A Janua~JD,12005 Page 12 of 29 -- cJL ÔJImty ~~--- . . . RECEIVED )lLpplieanoD for AdVISOry.. ~omDùtteeslBoa.tCJs . . DEe 10'2004 . Board 01 CoU11t7 CemD1lsi..,.. 3.101 J:ut TaJDIaaI TraiBOard of Naples. Ji'L.341U (239) 714-8097 I'a:: (239) 77....36tn ~A... u IHNIrd or~r EdaCatiOl1: ~......... ... r.....4I.n'...;1eaft8l".,..,., AII.,...~I" 11'''' -~.8ø....... ÆucUNM....._* . . ....IIfC....C--..JI <1.11-' ~ ... r....., 1Nit~ n'~JJ1 V,.. .",.."...,..~ w~ . T" (:IØ)7'I4oUG.,.. . ...... _,,-,.....J.>. - __, __ ~;1etI-J'-~- ~.-*dIiiiw",~~ FROM :LEN BERfHNGER NAPLES FL 34104 FAX NO. :239 352 6225 Dec. 09 2ø@Jie!i)~:i~ Nqx¡~A January 25, 2005 Page 13 of 29 RECEIVED DEC U 9 2004 Board of County Commissioners 3301 F..ast Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 ßOðr~ of County Com.1ssloners Application for Advisory Committees/Boards NalDo: L c;;;¡..¡ geR Æ , ,.J "'" GJil. HOllie Pboae: S~)-- ~ )000).-5 Home Address: 380 H~,..R.D COc.ltt..,- ZlpCode: 3"'10'1 Fax No. "S~ »..s"' Basineu Phone: e-manaddnu: -I4..1/!!.CA.. t!B l.. e&l'l!'.~ Place of:EmpJoyeemear. ~.rT"'£"» Board or Committee Applied for: '-~ Aou..-,-r,C>Ñ AD\I'4.5~..c2V C-ø.......*_ Category (i{applicable): E:u_ple: c:..mi...._ ~c;t. ~I~. etMroII-ISiØt,..,. pn-, dI:. How IoBg ".ve you lived. ill Collier Couaty: Years ~ Are yoo a registered voter in Collier CODDty: Yes v Do yoø eu......tty hold publk: oftke! Yes If ao. what iI that offiœ! Moll... No No ,..,0 Have you ever been coDVided of any offense apiatt the Law? Yes No ?-J If y-. _....ùc Do yvu .._ serve, or bave yea fI¥ef' 1eI'Ved, OD a Collier Coaraty board or committee! Ves Nit Ity-. pIe:ue list dill: COIII~ Pkalle list yoar CODIØIBaity actirit:ic:s (civic clubs, Dcighborhood usociatioDs, de:. ud positio- beld: p,.~I-'ItII#4.t-J OI<.foI1Þ \If 11",,,,/6 ~ 61'-" e~(., H,;,/I-- {!!1uI.""~~. 6 ~N eAe:.~ PAIJr.u:Þ'IU't'$ ~~" .B.A..,.... t:P.Âp~'- . ð?D~--..~...&Jc'(' ø:f 5t:V ~ø""ø4 ." .~ u. . 1__ F~:~ ~INGER NeALES FL 34104 FAX NO. : 239 352 6225 De;=:... 09 2~j~~~~~[~r3~¿ Page 14 of 29 Ed1lcatloa: A_ -.u.-Sl!'!'.,...AB _ &...;roJ-......~-~-,~ /_..____ AJ~.... . L\ ~--- - - - --~ ~~ '- --- ~ ~"ro .....1(....... ¿¡leA..,. E:xperil91c:e: E~~,... ð-r ð~~ -I¥>....-__ð puJdl"-ft-:ñi...... - .3-'S'~~ :5~p. €~/q,.,~- E.drn.:,,.~~( ...Sø~'80.-..c. -P"~-"'" ?f c.;ñ~..( .5~f" --''''--'L. ~ ~"(,-o.M '~¡c T-ht..~ ....&1 1!I'_~--'t:J- ~ "--",,_!l,.I. ~~ -,¡/J,.f(n'M.""""'.f«I,.",.,. 731ib.,,- ~ ._-NH~"lIw"""'~ H~_ IIIdltNm'tl/C....CIJ-.brIøen,ß( &III T...""", TrrlIl,.N'" FL1l4J1~ UJI'IIIf ...~f-"..,.Wlf.,.",". (.l39)11~J6(I2", HIIIIil *,ømbJ'~--K 7'btllfl.7fI'IftIr rÞtI~1Ø M"H *dJllr.øøqfc.m. ~ Agenda Item No. 9A January 25, 2005 Page 15 of 29 filson_s From: advisoryboards@colliergov.net Sent Wednesday, December 08, 2004 7:57 AM To: filson_s Subject: New On-fine Advisory Board Application Submitted. ~ Board of County Commissioners 3301 East T amiami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239) 774-3602 ~._.t:];j\I, ......... ~ ~.~ - .' . '. ':'i~ December 08, 2004 Application for Advisory Committees I Boards Name: Anthony P. Pires, Jr. Home Phone: 239-450-2474 Home Address: 209 Madison Drive City: Naples Zip Code: 34110 Fax Number: 239-649-7342 Business Phone: 239-649-6555 Email Address:apires@Wpl-legal.com Place of Employment: Woodward, pires & Lombardo, P.A. How long have you lived in Collier County? More than 15 years Have you ever been convicted of any offense against the law? No A.._ ..0"" ... -~"'I=s-r-..a ..ot-- =- ,.-II."er "-U-t..4? v__ 1"\1 G Y WI ca I _;::III 'G cu Y GI III '""'Uti ,"",U 1"7 1 t:I:> Board I Committee Applied for: Land Acquisition Advisory Committee Category: (if applicable) No information provided. Do you currently hold public office? No 12/8/2004 l Agenda Item No. 9A January 25, 2005 Page 16 of 29 Do you now serve, or have you served on a Yes Collier County board or committee? If yes, please list the boards I committees: Collier County Coastal Advisory Committee (2002- present) Collier County Development Services Advisory Committee (2002) Pelican Bay Services Division MSTU/BU Advisory Board (1993 to 1999). Collier County Planning Commission Citizens Advisory Committee/Collier County Growth Management Plan, 7-Year Evaluation and Appraisal Report (1995-1996). Collier County Environmental Policy Technical Advisory Board (1991 to 1993). County Planning Commission Citizens Advisory Committee on Collier County Growth Management Plan (1987-1988). Please list your community activities: Board of Directors, Collier County Bar Association (1997 to 2001). Naples North Rotary Club, 1985 to 2001 (President 1992-1993). Education: College: SUNY at Buffalo, 1968-72, B.A., History 1972 Graduate: Florida State University College of law 1972- 75, J.D. 1975 Experience I Background: PRESENT: Shareholder, Woodward, Pires & lombardo, P.A., 3200 Tamiami Trail North, Suite 200, Naples, Florida, with the firm from November, 1986 to present, practicing primarily in the field of land use, land development, governmental practice and general real estate with some litigation practice. Florida Bar Certified in City, County and local Government Law (August 1998- 2008) PRIOR: Contracts Administrator, Westinghouse Communities of Naples, Inc. , Naples, Florida, September, 1983 to November, 1986. Assistant County Attorney, Collier County Board of County Commissioners, Naples, Florida, April, 1979 to June, 1981. Assistant State Attorney, Office of the State Attorney, Twentieth Judicial Circuit, Naples, Florida, September, 1975 to April, 1979 and June, 1981 to August, 1983. 12/8/2004 e e e t-«~a1Ûrfi~~ ~i!/Q- January~5, 2005 Page 17 of 29 AN'nIONY P. P:tRES , Ja. Woodward, Pires & Lombardo, P.A. 3200 Tamiami Trail North, Suite 200 Naples, FL 34103 (941) 649-6555 Phone (941) 649-7342 Fax EDUCATION: Dates Attended Program Degree Institution College SUNY at Buffalo, New York 1968-72 History B.A. 1972 Graduate Florida State University 1972-75 College of Law Tallahassee, Florida Law J.D. 1975 EMPLODIEN'J!: PRESENT: Shareholder, Woodward, Pires & Lombardo, P.A., 3200 Tamiami Trail North, Suite 200, Naples, Florida, with the firm from November, 1986 to present, practicing primarily in the field of land use, land development, governmental practice and general real estate with some litigation practice. PRIOR: Contracts Administrator, Naples, Inc., Naples, November, 1986. Westinghouse Communities Florida, September, 1983 of to Assistant County Attorney, Collier County Board of County Commissioners, Naples, Florida, April, 1979 to June, 1981. Assistant State Attorney, Office of the State Attorney, Twentieth Judicial Circuit, Naples, Florida, September, 1975 to April, 1979 and June, 1981 to August, 1983. PROFESSIONAL ORGANIZATIONS: The Florida Bar; 1975 to present Collier County Bar Association -1- Agenda Item No. 9A January 25, 2005 Page 18 of 29 "'~ _ COURTS IN JfBIC1l Atn'BORI:u:D TO :PRACTICE LArf': All courts of the State of Florida; since October, 1975. Middle District, State of Florida, Federal Court; since July, 1977. C1!:RTIFICATION Florida Bar Certified in City, County and Local Government Law (August 1998 - 2008) CCJNM1JNITY ACTIVITIES: present) Collier County Coastal Advisory Committee (2002 Collier County Development Services Advisory Committee (2002) Board of Directors, Collier County Bar Association (1997 to 2001). - Pelican Bay Services Division MSTU/BU Advisory Board (1993 to 1999). Collier County Planning Commission Citizens Advisory Committee/Collier County Growth Management Plan, 7-Year Evaluation and Appraisal Report (1995-1996). Naples North Rotary Club, 1985 to 2001 (President 1992- 1993). Collier County Environmental Policy Technical Advisory Board (1991 to 1993). County Planning Commission Citizens Advisory Committee on Collier County Growth Management Plan (1987-1988). app\app\resume -e -2- e e e filson_s Agenda Item No. 9A January 25, 2005 Page 19 of 29 From: advisoryboards@colliergov.net Sent: Monday, December 06,2004 10:10 AM To: filson_s Subject: New On-line Advisory Board Application Submitted. ~ Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239)774-3602 .~~t~,~\~/ ." ~ '" . '.1: '. .' , 'I J.. I .. Fax Number: 239-947-3891 Business Phone: 239-777 -2350 Place of Employment: Premier Commercial Properties of SW FL, Inc. Have you ever been convicted of any offense against the law? No December 06, 2004 Application for Advisory Committees I Boards Name: Charles Max Cudd Home Phone: 239-566-9235 Home Address: 10939 Fieldfair Drive City: Naples Zip Code: 34119 Email Address:maxC@premiermail.net How long have you lived in Collier County? 10-15 years Are you a registered voter in Collier County? Yes Board I Committee Applied for: Land Acquisition Advisory Committee Category: (if applicable) No information provided. 12/6/2004 l -----...---- Agenda Item No. 9A January 25, 2005 Page 20 of 29 Do you currently hold public office? No e Do you now serve, or have you served on a Collier County board or committee? No Please list your community activities: Team Captain for the North Naples Fire District Community Emergancy Response Team. Education: BA Geaorgia State University -- Experience I Background: Twenty-three years in Commercial and Residential Real Estate sales, management and consulting. Licensed Florida Real Estate Broker Florida Certified Commercial Investment Member Completed two Realtors Land Institute courses toward certification as an Accredited Land Consultant Strong personal interests in hiking, kayaking and nature photography Very familiar with most of the nature facilities in Lee and Collier County. I am familiar with the Conservation Collier Land Acquisition Program and have a high respect for Senior Environmental Specialist, Alexandra J. Sulecki. -e 12/6/2004 Agenda Item No. 9A January 25, 2005 Page 21 of 29 filson_s e From: advisoryboards@colliergov .net Sent: Saturday, November 27, 2004 8:59 AM To: filson_s Cc: RegulaJason Subject: New On-line Advisory Board Application Submitted. ~~~ Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239) 774-3602 ~J..-t~t .~.'. .r...... I ...¡ . -' 7-:~' . '. .. . :; ~··-if4,~ ¡' November 27, 2004 Application for Advisory Committees I Boards Name: Bruce S. Preble Home Plwne: 239-348-9678 Home Address: 4703 Ughthouse lane City: Naples Zip Code: 34 1 1 2 e Fax Number: 239-263-4142 Business Phone: 23~261-4744 Emilil Address: bnJcep@welshn.com Bo8rd I Cu..nittee Applied for: Land Acquisition Advisory Committee Category: (if appl;cable) Real Eslate Professional Are you a registered voter in Collier County? Yes Do you currently hold public otlice? No Do you now serve, or have you served on . Collier County board or No committee? Please list your community activities: No infonnation provided. Education: BS Engineering Physics MS Nuclear Science and Engineering MBA e Experience J Background: 1. Licensed Real Estate Broker In the State of Florida 2. CCIM-certllied Commercial Investment Member of National Association of Realtors 3. 25 yeal'S consulting experience in environmental related issues{Teclv'tology Management Associates, Bethesda MD) 4. Owner and Operator of a busine88 in Naples (Gallery on Fifth) 11/29/2004 [ Agenda Item No. 9A January 25, 2005 Page 22 of 29 filson_s e From: advisoryboards@colfiergov.net Sent: Saturday, November 27,2004 7:23 PM To: filson_s Cc: RegulaJason Subject: New On-line Advisory Board Application Submitted. ~ Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239) 774-3602 «I..~~' ¡..I ". .~. '; '. '. ...... .r" :.. . 'f ..' ~ .... November 27. 2004 Application for Advisory Committees I Boards Narne: John Arena Home Phone: 239-404-8898 Home Address: 1120 19th st sw City: naples Zip Code: 34117 e Fax Number: No Information provided. Business Phone: 239-793-9300 EmaH Address: arena1916@earthlink.net Bo8rd I Committee Applied for: ··libary Committee - ... ì .. Category: (If epplícablfl) No information provided. Are you a registered voter in Collier CoImty? Yes Do you currently hold public office? No Do you now serve, or have you served on a Collier County board or No committee? Please list your community activities: coach pam and rec, Sherifl's OlYioe Benellts Comittee and Jail Enhanoement Comlttee Education: SW Florida Criminal Justioe Academy SW Florida Public Safety Academy Experience I Backgn)Und: Deputy Sheriff, Law Enforcement and CorrectIOns -e 11/29/2004 Agenda Item No. 9A January 25, 2005 Page 23 of 29 filson_s e From: advisoryboards@colliergov.net Sent: Saturday, November 27,2004 12:33 PM To: filson_s Cc: RegulaJason Subject: New On-line Advisory Board Application Submitted. ~ Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239)774-3602 ~Ltþl '.,', r. ,,,1'. .,. ." . ...~. ~./ ". .. .:¡. ~ '. . '~., ... ~ ./ November 27,2004 Application for Advisory Committees I Boards Name: chanes I martin ir Home Phone: 239-262-7287 Home Address: 6871 bottle brush lane City: naples Zip Code: 34109 e Fax Number: 239-561-1475 Business Phone: 239-784-5498 Email Address:realtyglobal@aol.com Board f C()",..littee Applied for: land Acquisition advisory Committee Category: (If appliCBble) No information provided. Are you a registered voter in Collier County? Yes Do you currently hold public office? Yes If yes, what office do you hold? MSI board member(metrosearch MLS} Do you now serve, or have you served on a Collier CotInty board or committee? No Please list your conwnunny activities: Campaign manager first minority to congress in kentucky age 26..sheriff department FOP deputy sherllT 13 years duty...neighboorhood conaervatton cabinet..building housing code enforcement..realtor MLS board member..advisor to city goverment...building and housing code enforcement..recent deployment FEMA hurricane charley/francís e Education: western kentucky university..11censed real estate broker 30 years..licensed auctioneer 25 years..norida licensed certified general oontractorCGC1506612..registered home builder...certlfled exterior inSIJlated finish system inspedor(EIFSlstucco) ...board 11/29/2004 l e e - 11/2912004 certified mold remedlator..ferna trainlng...certltled fema inspector Experience / Background: SOLD first home/ours age 8..first land acquisition age 14 from paper route.. supervisor trainee kentucky largest homebuilclerldeveloper age 19..youngest housing and urban development HUD contractor age 23...real elltate license age 23..youngeet federal employee urban renewal agency renovated 7 major innerclty neighbomoods.. .contl1lctor/remodelor..major subdivision land developer/owner... registered home builder.. owner/developer renovation of us designated national landmark building ilndlana cotton mill built 1 ß.49 80,000 sq. ft. Indiana largest employer durtng civil war made uniforms both north and south first year. sat empty 50 years near collapse .paid $20,000 from hlltoricalsoclety ..sold to lltate..now 10 million elderly apartments..developedlowned /built &trip <::enters hotels/homes planned unit developments..once had relmax otllces 4 etI!Ites currently selling lastwtth 70 agents 280 mlUlon annual volume..WATERlOO..had a prominent attorney embezzle all money from escrow account I paid back from personal accounts since broker/responsible party (worse experience) Agenda Item No. 9A January 25, 2005 Page 24 of 29 Agenda Item No. 9A Janupty 25, 2005 Page 25 of 29 filson s - - From: Sent To: Subject: Sue Young [SYoung@barroncollier.com] Monday, November 22, 2004 9:36 AM filson_s Appilcation for Land Acquisition Advisory Committee Ms. Filson, I regret that I need to withdraw my application submitted via e-mail to serve on the Land Advisory Committee. Please remove my application from those being considered. Thank you, Sue Young Barron Collier Companies 403-6703 (direct) 1 I I 1- Agenda Item No. 9A January 25, 2005 Page 26 of 29 filson_s From: advisoryboards@coIUergov.net Sent: Friday, November 19, 2004 2:26 PM To: filson_s Cc: RegulaJason Subject: New On-line Advisory Board Application Submitted. ~ Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774-3802 Fax: (239) 774-3602 ~. ~~ ·I..~ ......£~ .. ",'lor.. r 1 .' ,. .. ". I fl' ". /. . ., ~..- i4/~ ¡' November 19, 2004 Application for Advisory Committees J Boards Name: Susan Young Home Phone: 239-254-9177 Home Address: 608 110th Ave. N City: Naples, Fl Zip Code: 34108 Fax Number: 239-262-8017 Business Phone: ~03 Enwil AddNSS: syoung@l:Muroncollier.com Board I Cormlitt_ Applied for: Land Acquisition Advisory Board Category: (if applicable) Developer and Environmentalist AN you . registered voter in Collier County? Yes Do you cummtly hold public oIIiee? No Do you now serve, or have you served on a Collier County board or No convnittee? Please list your community activities: SW Florida Archeological Society - Lab analysis and fieldwork volunteer Audubon SocIety member Sierra Club member National AlISOciation of legal Assistants member Literacy tutor American Heart Association 2004 Heart Walk VIP St. Matthews Soup KItchen volunteer Education: B.A. Anthropology, Indiana University A.S. Paralegal Studies, Intematlonal College Licensed Real Estate Salesperaon licensed 1ltIe Agent Certified Legal ABBistant Experience I Bllckgrouncl: Employed with Banon CO/ller Companies In Commercl8l Real Estate Devrnl other experience: Title Examiner. Field Archeeologist, Librarian. Paralegal Uf8time activity in 11/19/2004 Agenda Item No. 9A January 25, 2005 Page 27 of 29 various environmental organizations Former owner of deaign/bUild company, Geza & Associates, Inc. 11119/2004 Agenda Item No. 9A January 25, 2005 Page 28 of 29 filson_s From: advisoryboards@colliergov.net Sent: Friday, December 10, 2004 4:06 PM To: filson_s Subject: New 0n-6ne Advisory Board Application Subnitted. ~ Board of County Commissioners 3301 East Tamlami Trail Naples, FL 3ot112 Tel: (239) 774-3602 Fax: (239) 774-3602 ~I.-t~: .~.~ .,...., .. ~ ~J . . ~ - r·' o "" '. .. "';. . ::¡ , ·l .¡, ~ ! December 10, 2004 Application for Advisory Committees I Boards Name: Richard H. Stillman Home Phone: 239-348-2426 Home Address: 156 Spring Lake Circle City: Naples Zip Code: 34119 Fax Number: 239-591-6309 Business Phone: 239-591-6328 Email Address:richard.stillman@53.com Place of Employment: Fifth Third Bank, Naples: Vice President, Public Finance Group How long have you lived in Collier County? 1-2 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board I Committee Applied for: The Land Acquisition Advisory Committee Category: (if applicable) Citizen At Large 12/10/2004 Agenda Item No. 9A January 25, 2005 Page 29 of 29 Do you currently hold public office? No Do you now serve, or have you served on a No Collier County board or committee? Please list your community activities: Member: Conservancy of Southwest Florida Education: B.A. Economics, Denison University (Ohio) M.B.A. Finance, Case Western Reserve University ( Ohio) Holder of Chartered Financial Analyst designation (CFA) Experience I Background: Forty years experience in investment securities business. Senior Investment Banker with broad experience in underwriting bonds isues for public projects and Not-for- Profit Organizations. Have managed over $500,000,000 of tax exempt bond and note financings for counties, cities, public school districts, libraries, utiltiy districts, and higher education institutions. Most of these financings involved land acquisition. Served as Adjunct Professor in graduate MBA program at Capital University in Columbus, Ohio, teaching finance courses. Interested in ecology and conservation. Would bring finance expertise and experience to the Advisory Board. 12110/2004 Agenda Item No. 9B January 25, 2005 Page 1 of 30 Q MEMORANDUM DATE: January 11, 2005 TO: Board of County Commissioners FROM: Tom Henning Commissioner, District 3 SUBJECT: Pelican Bay Annexation In reviewing the Pelican Bay Annexation report, I would like to bring to discussion several points included in the report. First, the Naples City Manager, Dr. Robert Lee, in the report, assumes that ColIier County will continually operate and maintain the park within the Pelican Bay community. However, Collier County currently does not operate any parks that are located within a municipality; i.e., MackIe Park on Marco Island. In the past, we have turned over the facilities to the proper entity as their own responsibility. Second, as I have provided for you, you will see that the Affluent Water Ordinance provides for the residents in the unincOlporated areas of Collier County. With the demand for affluent water by these areas of Collier County and the responsibility of providing it, I am confident we are not interested in providing this service for City of Naples' residents. It is my request that the BCC will discuss and direct the Chair to send a letter to the City of Naples expressing these matters regarding the annexation of Pelican Bay: Collier County will no longer maintain the park, as the City of Naples has their own Parks and Rec Department, nor are we interested in providing the service of affluent water. ,........... . Tom Henning Commissioner, District 3 TH:mst attachments ,"·_"~"_""··__",,,,,,~_··__.,,,..M>'. -"."."""""'''"''--~-''''''''''''" ~ ~~ OrJ q:E /¡/I r(¡~ .. .. Agen;::éj item No. 98 January 25, 2005 Page 2 of 30 ¡ Memorandum To: Dr. Robert E. Lee, City Manager Jame~~~ From: Date: January 14, 2005 Subject: Pelican Bay Annexation Yesterday afternoon I received a copy of your January 12,2005 memorandum to the Naples City Council transmitting answers prepared by the City's Special Outside Counsel to previous questions the City Council had raised regarding the potential Pelican Bay Annexation. I very much appreciated the opportunity to review this information and have asked the County Attorney's Office to review the materials as wel1. While I found much of the information informative and accurate, there were several opinions and conclusions provided by Counsel that the County, upon preliminary review, fmds questionable. One area of apparent disagreement involves the issue of reclaimed water. Enclosed please find a memorandum from Assistant County Attorney, Thomas Palmer, which challenges the City's position on this important issue. In addition, the County continues to research the important issue of beach access in Pelican Bay, especially since the County owns a substantial amount of land in Pelican Bay directly adjacent to the public beach. In that regard, your attorney makes a reference in his beach access opinion to the "Foundation property adjacent to the beach, ...". Could you please identify the property to which he is referring? While this is by no means intended to be a complete or comprehensive response to the infonnation you provided, I wanted to provide some preliminary concerns in advance of your January 18,2005 City Council workshop so you may communicate them to the City Council during your presentation of this item. I look forward to a continued professional and constructive dialog on this matter. Sincerely, James V. Mudd County Manager Office of the County Manager -~"- " ,; p Agenda Item No. 98 January 25, 2005 Page 3 of 30 MEMORANDUM TO: January 14, 2005 Jim Mudd, County Manager Thomas C. Palmer, Assistant County Attorney lP~ p ~ RE City of Naples ("City")/Pelican Bay Annexation - Public Utility Issues FROM: DATE: I have reviewed a 3-page memorandum addressed .to Robert E. Lee, City Manager, titled CITY OF NAPLES, INTER-OFFICE CORRESPONDENCE, NO. 2005-004, dated January 10, 2005, written by Samuel S. Goren and David N. Tolces. That memorandum opines that the Collier County Water-Sewer District ("District") cannot discontinue providing reclaimed water to any of its reclaimed water customers in the Pelican Bay geographic areas in the event such areas are hereafter annexed into the City of Naples, unless the District and the City mutually agree to transfer such "responsibility" to the City, or until Chapter 2003-353, Laws of Florida (the District's Special Act) is amended. The issue is: Except for the District's reclaimed water customer that has entered into a multi-year agreement with the District that contractually obligates said customer to receive reclaimed water from the District, can the District lawfully discontinue providing reclaimed water to its other reclaimed water customers in Pelican Bay geographic areas in the event the respective customer's site is hereafter incorporated into the City of Naples? The referenced memorandum does not change my opinion. It is my opinion that as to all parts of the Pelican Bay area hereafter annexed into the City of Naples, if any, and without agreement with or permission from the City, and without need to amend Chapter 2003-353, Laws of Florida, the District can lawfully discontinue providing reclaimed water service to all reclaimed water customers in all such hereafter annexed areas, excepting only the .. ,;;:, ,.;:-¡ r~o. 98 January 25, 2005 Page 4 of 30 -- reclaimed water customer that has a long-term reclaimed water agreement with the District, which agreement contractually obligates that customer to receive reclaimed water from the District for specified time periods. cc: David C. Weigel, County Attorney h:tcp/Memo 04/ City of Naples ("City")/Pe!ican Bay Annexation - Public Utility Issues 1-14-05 -- r' .._.__..._-,_.~ eTo: 9rwm: ~: ~FJJt: c:#oncrcaGtz. d11t~"" anJ d11t~ of ~ eountJil -/ ~1 !D't. d?0G-ø/; E. k., &y c::M~£'t eX ~rry 12, 2005 ~ !B~ dlnrJÆxQf/~n44¥c.ú. tc ~ ~ eountJil Q'....¡.{'o1U .- At a recent Council meeting, several questions were raised regarding the Pelican Bay Annexation. Attached, for your review, are four memorandums from the City's Annexation Attorneys. The memorandums provide information on the Pelican Bay Foundation, Pelican Bay Beach Access, Collier County Parks, and Public Utility Issues. Also attached is a copy of a brief power point presentation (five minutes in length) that the Pelican Bay Foundation plans to present at the workshop. -\genc3 Item No. 98 January 25, 2005 Page 6 of 30 CITY OF NAPLES INTER-OFFICE CORRESPONDENCE NO. 2005-001 TO: Robert E. Lee, City Manager Cc: Ann Marie S. Ricardi, Finance Director FROM: Samuel S. Goren, Special Outside Counsel David N. Tolces, Assistant Special Outside Counsel- DATE: January 10, 2005 RE: City of Naples ("City")/Pelican Bay Annexation - Pelican Bay Foundation (the "Foundation") ¡,_. Pursuant to your request, we have researched the legal status of the Foundation. The following is a summary explanation of the establishment of the Pelican Bay Foundation, and the powers that the Pelican Bay Foundation exercises with respect to the area of Collier County known as Pelican Bay. The Pelican Bay Foundation, Inc. ("Foundation") was originally incorporated in 1979, as "Pelican Bay of Naples Foundation, Inc." In 1996, the Foundation changed the name of the Foundation, and filed its Amended Articles of Incorporation ("Articles') with the State of Florida. As of this date, the Foundation is an active, not-for-profit Florida corporation, registered with the S1ate of Florida Secretary of State, and has a seven member Board of Directors, elected by the owners of property within Pelican Bay. As provided Article II of the Foundation's Articles of Incorporation, the Foundation has the following purpose: 2.01 To provide for maintenance, preservation, control and operation of property within the community development located near the City of Naples in Collier county, Florida, and commonly known and referred to hereinafter as Pelican Bay; and 2.02 To acquire, construct, improve, maintain, repair, replace, operate or otherwise deal with the property and improvements of every nature or kind constituting the FOUNDATION Common Area; and 2.03 To fix, establish, levy and collect assessments against MEMBER'S property and operate, without pecuniary profit, for the benefit of its MEMBERS; and 2.04 To enhance the civic, social and recreational interest of its MEMBERS; and Agenda Ite'm No. QB Januar¡ 25, 2005 Page 7, of 30 2.05 To otherwise promote the health, safety and general welfare of its MEMBERS and their property within Pelican Bay. Pursuant to the Amended and Restated Declaration and General Protective Covenants for Pelican Bay ("Declaration"), dated November 30, 2001, as recorded in Official Record Book 2938, page 1959, in Collier County, the Foundation is authorized to enforce the various covenants and restrictions that apply to development of property within Pelican Bay, as well as restrictions on the use of property within Pelican Bay. As part of their enforcement authority, the FOW1dation has the right to approve the placement of structures, the design of development, and the uses on property located within Pelican Bay, The Foundation does not exercise any governmental functions that would preempt the City's ability to enforce its codes and land development regulations within Pelican Bay. The Foundation's responsibilities relate to the development and maintenance of private property owned by the Foundation as well as the regulation of the development of non- Foundation residential and commercial property within Pelican Bay. Consequently, a private property owner may be required to obtain the Foundation's approval prior to filing plans with the City to develop or renovate specific property within Pelican Bay, The City, however, can interact with the Foundation much like the City currently deals with other condominium and homeowner associations throughout the City. If you have any additional questions or concerns, please do not hesitate to contact our office. SSG:DNT:dnt h:\2004\040482Imemos\2005-OO1 (pelican bay foundation).doc AgE.,~da Item No. 98 January 25, 2005 Page 8 of 30 CITY OF NAPLES INTER-OFFICE CORRESPONDENCE NO. 2005-002 TO: Robert E. Lee, City Manager Cc: Ann Marie S. Ricardi, Finance Director FROM: Samuel S. Gore~ Special Outside Counsel David N. Tolces, Assistant Special Outside Counsel DATE: January 10, 2005 RE: City of Naples ("City")lPelican Bay Annexation - Beach Access Pursuant to your request, we have researched the issues related to beach access in association with Pelican Bay. The following is brief explanation of the current status of beach access in Pelican Bay, and the ability for additional beach access to be established in the future. Currently, there is public beach access at both the north and south ends of Pelican Bay. The south access point is from the Collier County parking area on Seagate Drive, along the boardwalk to Clam Pass Park. Pursuant to County Ordinance 77-18, as amended, ("PUD Ordinance"), and the Beach Access Facilities Agreement dated November 15, 1983, the County obtained ownership of the land on which the parking lot was constructed at the west end of S~eagate Drive. The quit-claim deed conveying the property to the County is dated October 29, 1986. -- ._----,- In the event the Pelican Bay area is annexed into the City, the County will have the legal right and obligation to continue to operate the parking lot and associated park. The requirement to continue operations of the park flow &om the PUD Ordinance, the deed from Westinghouse Communities to the County, as well as the Declaration of Restrictions and Protective Covenants that govern the entirety of Pelican Bay. Similarly, the beach parking area to the north of Pelican Bay is also owned by the County, pursuant to a quit-claim deed dated April 13, 1982. The County would have similar obligations to maintain the parking area and beach access after the annexation is effective. TIùs would assure the continued public access to the beach both to the north and south of Pelican Bay. With respect to any additional public beach access, any such access would have to be the result of reaching an agreement with the Pelican Bay Foundation, ~c. ("Founda~on"),~ the Foundation controls the property just to the east of the beach adjacent to Pehcan Bay. Agenda Item No. 98 January 25, 20Ó5 Page 9 of 30 In addition, in order for additional public beach access to be created within Pelican Bay, the Foundation would have to approve an amendment to the Amended and Restated Declaration and General Protective Covenants for Pelican Bay, dated November 30, 2001, ("Declaration"), and would have to approve an amendment to any specific Declaration of Restrictions that would be specifically applicable to the specific property that would become public access to the beach. The amendments to the documents would need to recognize the right of the public to access that portion of the Foundation property adjacent to the beac~ subject to any agreement between the City and the Pelican Bay Foundation, Inc. . If you have any additional questions or concerns, please do not hesitate to contact our office. SSG:DNT:dnt H:\2004\040482\MEMOS\2005-002 (Beach Access).doc ~ . -~_.~.._._---_._---~ (" Agenua item No. 98 January 25, 2005 Page 10 of 30 CITY OF NAPLES INTER-OFFICE CORRESPONDENCE NO. 2005-003 TO: Robert E. Lee, City Manager Cc: Ann Marie S. Ricardi, Finance Director FROM: Samuel S. Goren, Special Outside Counsel David N. Tolces, Assistant Special Outside Counsel DATE: January 10, 2005 RE: City of Naples ("City")lPelican Bay Annexation - Collier County ("County") Parks 1- Pursuant to your request, we have researched the issues related to the operation of the CoJIier County ("County") parks located within the area that may be subject to the annexation referendwn. The following is brief explanation of the current status of the County owned and operated parks in Pelican Bay, and the legal obligation of the County to continue to operate the parks in the event the Pelican Bay area is annexed into the City. Based upon our review of the Pelican Bay documentation, the County currently operates two parking areas with beach access both on the north ("Vanderbilt Beach Road") and south ("Clam Pass") sides of Pelican Bay. The County also operates a park at the intersection of Hammock Oak Drive and Vanderbilt Beach Road. ... Coral Ridge-Collier Properties, Inc. ("Coral Ridge") conveyed the Vanderbilt Beach Road parking lot to Collier County via Quit Claim Deed dated April 13, 1982, recorded in County Official Record Book 966, Page 1864 on April 13, 1982. The deed was granted to the County pursuant to the requirements contained in County Ordinance 77 -l8, as amended which approved the Pelican Bay PUD. The deed specifically provides that "If at any time the parcel described in Exhibit "A" [the north parking lot] is used for other than public beach access purposes, the parcel shall automatically revert to the Grantor [Coral-Ridge]." Therefore, if the County were to abandon its obligation to operate the parking lot and beach access at the Vanderbilt Beach Road location, the property would revert back to Coral Ridge, its successors, or assigns. Similarly, the Clam Pass parking area and beach access is governed by similar provisions contained in the Quit-Claim Deed dated October 29, 1986, recorded in County Official Record Book 1234, Page 1371 on November 26, 1986. The parking area is governed by the County's Ordinance 77-18 which approved the Pelican Bay PUD, and contains r Agenda Item No. 98 January 25, 2005 Page 11 of 30 similar reversionary language in the event the property is no longer used for public beach access. In addition, both parking areas are governed by the Declaration of Restrictions and Protective Covenants ("Declarations") that obligate the County to continue to maintain the parking areas and associated improvements. There is no language in either the Declarations or Quit-Claim Deeds, however, which would require the County to provide free access to the parking areas. The only requirement is that the County continue to provide public beach access. The Pelican Bay County Park ("Park") located at Hammock Oak Drive and Vanderbilt Beach Road was conveyed to the County by WCN Communities, Inc. ("WCN") on September 26, 1994, pursuant to a Special Warranty Deed recorded in County Official Record Book 1990, Page 2087 on October 4, 1994. Pursuant to the Special Warranty Deed, if the property is ever used or approved for a use other than "c0II11!!unity park ,..,,- purposes," then the property shall revert back to WCN, its successors and assigns. The ----.. operation of the Park is governed by the Declaration of Restrictions and Protective ovenants t at rovi r , Its successor an assi s to enforce the rovisi n f e Dee arations. Therefore, in the event the County elects to abandon the Park, WCN's -ŠUccessors wõüìd then have the legal right to judicially enforce the Declarations and require the County to maintain the Park for the public's use. If you have any additional questions or concerns, please do not hesitate to contact our office. SSG:DNT:dnt h:\2004\040482\mcmos\2005-003 (county parks).doc -------- Agenda Item No. 98 January 25, 2005 Page 12 of 30 CITY OF NAPLES ~R~FflCECORRESPONDENCE NO. 2005-004 TO: Ro bert E. Lee, City Manager Cc: Ann Marie S. Ricardi, Finance Director FROM: Samuel S. Goren, Special Outside Counsel David N. Tolces, Assistant Special Outside Counsel _ DATE: January 10, 2005 RE: City of Naples ("City")/Pelican Bay Annexation - Public Utility Issues ---- -- ---"~-~ This memorandum is in response to the Council's concerns regarding the CountY's obligation to continue to provide water, sewer, and reused/reclaimed water services within Pelican Bay in the event the Pelican Bay area is annexed into the City. Based upon a review of relevant state law, local ordinances, and applicable agreements, it is our opinion that the County must continue to provide such services to the properties located in Pelican Bay, until such time as the County and the City agree to transfer the responsibility for the services to the City, or until such time as the Special Act " establishing the authority to provide such services is amended. The Collier County Water-Sewer District ("District") is governed by Chapter 2003-353, Laws of Florida (the "Special Act"t Pursuant to the Special Act, the District is requested to provide water and sewer services within the boundaries as provided for by the Special Act. The area of PeLican Bay is included within the District's boundaries. The Legislature, in enacting the Special Act, recognized the potential for the City to annex areas currently within the District's boundaries, as Section 3(5)A. of the Special Act provides that the District's boundaries could also include the following lands: Any lands lying within the City of Naples water and sewer service areas as may be revised from time to time by mutual agreement between the City of Naples and the County Water-Sewer District of Collier County, Florida. Thus, in the event property is annexed into the City and becomes part of the City's water and sewer service area, it is possible, upon entering into such an agreement for the District to provide water and sewer services to the areas located within the City. Section 5(1) of the Special Act provides that the District's powers shall include the following: 1 Agenda Item No. 98 January 25, 2005 Page 130f 30 [The power to] construct, install, erect, acquire, and to operate, maintain, improve, extend, or enlarge and reconstruct a water system or a sewer system, or both, within the geographic boundaries of the District and the environs thereof and to have the exclusive control and jurisdiction thereof; . . . With respect to reclaimed/reused water, pursuant to Section 5(11) of the Special Act, the District has the power, "To sell or otherwise dispose of the effluent, sludge, or other byproducts as a result of sewage treatment." Based upon the above language, it appears that the District has the exclusive right to provide water and sewer services, including reused/reclaimed water services within the District's boundaries, including Pelican Bay. Therefore, the Cit;y could be prohibited from providing similar services in the event the Pelican Bay area was annexed into the City. Consequently, as the only legally authorized provider of such utilities, the District could not simply stop providing water and sewer service to the Pelican Bay area without an amendment to the Special Act, or through entering a written agreement with the City. In support of this position is the case of City of Gainesville v. Gainesville Gas & Electric Power Co., 62 So. 919 (Fla. 1913), in which the Florida Supreme Court held that an express contract between a public utility and the public is not required in order to establish reciprocal rights in the public against the public utility. In the Gainesville case, the Florida Supreme Court held that a private company was a public utility bound to provide service to its public customers, and that due to the fact that the company was providing a public service, the private utility assumed the duty imposed upon it by operation of law, and must ". . . continue to do so [provide service] in a reasonably adequate manner until relieved of its duty by due process oflaw." Gainesville, 62 So. At 921. Similarly, the District received the áuthority to operate water and sewer service within its boundaries pursuant to the Special Act, financed, and constructed the necessary water, sewer, and related infrastructure pursuant to the authority provided by law. Consequently, like the Gainesville Gas & Electric Power Company, the District has assumed the duty imposed upon it by operation of law, and must continue to do so, in a reasonably adequate manner, until relieved of its duty by due process of law. Therefore, absent some type of court order to enjoin the County from providing the water, sewer, and reused water services, or a revision to the Special Act, the County has the obligation to continue to provide such services to the properties within the area of Pelican Bay. With respect to· fees and charges, the District cannot discriminate between the fees and charges the District imposes against residents of unincorporated areas of the County from those fees and charges imposed against users located in incorporated areas of the County. Section 6(2) of the Special Act states that, "Such rates, fees, and charges shall be just and equitable and uniform for users of the same class. . ." Furthermore, Section 17 of the Special Act states that, "No free water or sewer services shall be rendered by the District and no discrimination shall exist in the fees, rates, and charges for users of the "; 2 l AQé':naa Item No. 98 ~ January 25, 2005 Page 14 of 30 same class." Based upon this language, the District could not lawfully charge residential and non-residential users within Pelican Bay a different rate than those residential and non-residential users located in other areas of the County. If you have any additional questions or concerns, please do not hesitate to contact our office. SSG:DNT:dnt h:\2004\040482\mcmos\200S-004 (public utilitìcs).doc 3 ----.-- __ _. .__u __ - Agenda Item No. 98 January 25, 2005 Page 15 of 30 URBAN SERVICES REPORT FOR THE ANNEXATION OF PELICAN BAY OF "~".... fI' Prepared by: c~ of Naples 735 8 Street South Naples, FL 34102 Telephone: 239-213-1800 Agenda itern No. 98 January 25,2005 Page 16 of 30 URBAN SERVICES REPORT FOR THE ANNEXATION OF PELICAN BAY I. INTRODUCTION Prior to commencing the annexation procedures under Section 171.0413, the governing body of the munidpallty shall prepare a report as required by Section 171.042 "Prerequisites to Annexation/' setting forth the plans to provide urban services to any area to be annexed. This Urban Services Report is submitted in fulfillment of that statutory requirement. The area to be annexed is adjacent to the City's north border. The following excerpt from the Florida Statutes is provided to assist in compliance. 171.042 Prerequisites to annexation. (1) Prior to commendng the annexation procedures under s. 171.0413, the governing body of the munidpality shall prepare a report setting forth the plans to provide urban services to any area to be annexed, and the report shall indude the following: (a) A map or maps of the munidpality and adjacent territory showing the present and proposed municipal boundaries, the present major trunk water mains and sewer interceptors and outfalls, the proposed extensions of such mains and outfalls, as required ìn paragraph (c), and the general land use pattern in the area to be annexed. (b) A statement certifying that the area to be annexed meets the criteria in s. 171.043. (c) A statement setting forth the plans of the municipality for extending to the area to be annexed each major munjdpal service performed within the municipality at the time of annexation. Specifically, such plans shall: '" 1. Provide for extending urban services except as otherwise provided herein to the area to be annexed on the date of annexation on substantially the same basis and in the same manner as such services are provided within the rest of the municipality prior to annexation. 2. Provide for the extension of existing munidpal water and sewer services into the area to be annexed so that, when such services are provided, property owners in the area to be annexed will be able to secure public water and sewer service according to the polides in effect in such munidpality for extending water and sewer lines to individual lots or subdivisioRs. 3. If extension of.majOF-trunk water mains and sewer mains into the area to be annexed is necessary, set forth a proposed timetable for c:onstnJction of such mains as soon as possible following the effective date of annexation. 4. Set forth the method under which the munidpality plans to finance extension of services into the area to be annexed. II II. PURPOSE Chapter 171, Rorida Statutes, which governs annexation proceedings, requires a city to prepare and file a report to the Collier Board of County Commissioners setting forth the City of Naples plans to provide urban services to areas being annexed. The purpose of this report is to explain the means by which the Oty of Naples plans to extend municipal services to the area the Oty proposes to annex. In addition, this report characterizes the area to be annexed thereby verifying its qualification for annexation. The report contains information compiled· in conjunction with the City's operating departments and is intended to help them prepare for any extension or expansion of municipal services upon annexation. Information presented herein also allows for evaluation of the fiscal impacts of pursuing annexation of this area. This 2 Agenda Item No. 98 January 25, 2005 Page 17 of 30 Urban Services Report is not intended as an overview of the Oty's annexation program; instead, it is a technical document reporting specifically on the provision of municipal services to this particular annexation area. III. AREA PROPOSED FOR ANNEXATION The proposed area for annexation is on the north border of the Oty of Naples, Rorida, and is referred to as "Pelican Bay", It provides a smooth continuation of the current city boundaries along the Gulf of Mexico. Pelican Bay is contiguous to the City and encompasses approximately 2,104 acres. When added to the City's current area of 9,174 acres, the new proposed city area would be 11,278 acres. IV. COMPUANCE WITH STATUTORY CRITERIA - DISCUSSION A. 171.042 Prerequisites to annexation. (1) (a) A map or maps of the munidpality and adjacent territory showing the present and proposed municipal boundaries, the present major trunk water mains and sewer interceptors and outfalls, the proposed extensions of such mains and outfalls, as required in paragraph (c), and the general land use pattern in the area to be annexed. 1. Exhibit 1 indicates the existing and proposed municipal boundaries. The area is primarily located along the north side of Seagate Blvd. contiguous to the existing City limits by approximately 5,400 linear feet. 2. Exhibits 2, 3, 4, and 5 show the major trunk water mains and sewer interceptor and outfalls for the Pelican .'àaY area and the northern section of the City adjacent. to the Pelican Bay area. The entire Pelican Bay area 9as water, sewer, and reuse provided by Collier County Utilities. COllier County Utility is a part of COllier County, and is governed by the Collier County Commissioners. 3. Exhibit 6 depicts the existing general land use of the proposed annexation. This information comes from the Collier County Comprehensive Plan. B. 171.042 Prerequisites to annexation. (1) (b) A statement certifying the . area to be annexed meets the criteria in Sec:.tion 171.043. The City. of Naples certifies the area to be annexed meets the criteria in Florida Statutes 171.043. 1. The total area is reasonably compact and is contiguous to the munidpal boundaries of the' City of Naples on this date. No part of the area is included within the boundary of another incorporated municipality. 3 Agenda item No. 98 January 25, 2005 Page 18 of 30 2. The total area meets the requirements of being already developed for urban purposes, by having more than two persons for each acre of land in its boundaries. C. 171.042 Prerequisites to annexation. (1) (c) (1) A statement setting forth the plans of the municipality for extending to the area to be annexed each major municipal service peñonned within the municipality at the time of annexation. The aty of Naples intends to extend to the area to be annexed each major municipal service performed within the municipality at the time of annexation. This Urban Services plan provides for extension of urban services to the area to be annexed on the date of annexation, on substantially the same basis and in the same manner as such services are provided within the rest of the municipality prior to the annexation. This does not mean that the City will necessarily be the provider of the service. Rather, that the City would see that the service is provided. State statutes constrain the City from being the actual provider in some circumstances (i.e. service provided by a Special District such as North Naples Fire District - see Chapter 171.093). Ustings of major municipal services include: 1. Police Protection. Police Protection is currently provided to Pelican Bay by the Collier County Sheriff's Department. If annexed, the service will be provided by the City of Naples, with ancillary services still provided by Collier County Sheriff, as currently provided within the City now. The City of Naples Police Department has 709 sworn officers and 35 civilian support personnel, servif\g 22,500 fulltime residents and 14 square miles. ., To fully serve Pelican Bay, the Police Department will need an additional six sworn patrol officers, which will create one separate (24-7) patrol district and provide one community-oriented police officer (COP). The Police Department should also add one Community Service Aide, a Traffic Control Officer, and a Beach Patrol Officer-to provide the expected level of service. This results.in a total addition of seven (7) officers and two (2) civilians. The tax revenue generated by the property in the area to be annexed will pay for the additional police services, except for the beach patrol costs, which will be paid from the Beach Fund. First year annual operating costs (excluding Beach Patrol) are expected to be $488,000, with start up costs of $144,300. 4 __~~___·_m_ --.-.-.. Agenda Item No. 98 January 25, 2005 Page 19 of 30 . Five Police Officers One COP · One Community Services Aide One Beach Patrol Officer One Traffic Officer . · · 2. Fire Protection Fire protection is currently provided by North Naples Fire District, operating a two-truck station located on land leased through Collier County . North Naples Fire District (NNFD) provides a level of service to Pelican Bay, which is acceptable to the area, and is within the ISO standard considered acceptable by the City. North Naples has an ISO rating of 4, compared to the city's more favorable rating of 2, with the difference in rating primarily due to outer areas of the County that do not have fire hydrants. Note that Pelican Bay is fully served with hydrants. State law Chapter 171.093 protects the boundaries of the North Naples Fire District for four years after the City provides notice of intent to provide fire services, if we choose to do so. There are four options available to the city to provide the fire services. 1. During the 4-year period, the City could pay the district an amount equal to the ad valorem taxes that would have been collected had the property remained in the district, with the District continuing to provide the service. After four years, the City takes over the service completely, including providing its own station. 2. The City could enter into an interlocal agreement with the District, I/' enabling the District to continue to provide services for a fee. 3. The City and the District could share staffing at the station(s). 4. North Naples Fire District could retain its boundaries within Pelican Bay, such that Pelican Bay continues to pay the 1 mill of the District, and pay the City tax rate of 1.16 mill, or as negotiated. Preliminary conversations with North Naples Fire District indicate that the interlocal agreement that would be satisfactory to them would be one that has the District keep its boundaries extended through Pelican Bay (option 4) or a similar based fee (option 2). Because the City is able to provide its high standard of service at about half the rate currently charged by NNFD, even with constructing a fire station, we were unable to recommend such an agreement. Therefore, the City will plan to provide a fully staffed fire station. 5 A6'~:"-i'-i~a ¡tern j'-,~(). S~ January 25, 2005 Page 20 of 30 Although funding the North Naples Fire District at their current rate of 1.0 mills for the first four years results in a net loss for the city¡ the city can provide a full service fully equipped tire station in year 5 significantly less expensively than North Naples does, resulting in a long-term savings to Pelican Bay and the City. Funding for the construction of the station would come from increased revenues in the Utility Tax Fund. Therefore, the financial summary assumes the first option, as further described above. Note: An interlocal agreement with the Rre District is still possible if the cost of service is competitive with the Otis cost. 3. Parks and Recreation. The area to be annexed consists primarily of residential developments, serving a seasonal popuJation of approximately 14,000. There are two public parks in the annexed area. Clam Pass Beach Park, a regional park, is currently operated by, and could continue to be operated by Collier County. Pelican Bay County Park is a tennis and soccer field complex located on the north end of Pelican Bay. As a community park, it too, could continue to be operated by Collier County. Pelican Bay has several private recreational facilities in the annexation area, including tennis courts, canoes, nature trail, boardwalks, a community center and passive parks. These are managed by the Pelican Bay Foundation, and will continue to be managed and maintained by the Foundation, through the annual assessmeoJ:.and/or user fees. Because all the recreation needs are met and will continue to be met by the current service providers, the City does not plan to extend any additional recreational services to this area. 4. Solid Waste. Residential Solid Waste (induding recycling and horticultural material) will continue to be collected by Waste Management until September 30, 2006, due to the existing contract and state law. Currently, Pelican Bay residents pay their residential solid waste fees via a non-ad valorem assessment on their tax bill. If annexation occurs the City of Naples intends to use its own staffing to provide residential solid waste collection. The city bills each customer for residential service on a bi- monthly basis. To provide services to Pelican Bay, the city will need to add 5 vehicles (one rear loader, one front end loader, and three satellite 6 Agenda Item No. 98 January 25, 2005 Page 21 of 30 collection vehicles), and 5 employees to provide this service. Additional equipment will include 230 new dumpsters, 2,200 recycling carts, and 1,600 recycling bins. It is estimated the initial capital costs for the items listed above to provide this service to be $666,700. The fees to cover routine operational costs are recovered through annual fees of $209.70 for single-family residents (569) and $184.24 per each multi-family unit for can service. Multi-family property owners, using dumpster service, will be charged the same as Commercial Rates based on dumpster size and frequency plus $40.20 annually for each residential unit for horticultural Collection and Disposal. Included in the above rates are tipping fees paid to Collier County, vehicle fuel and maintenance, uniforms and other minor operating expenses. Commercial Solid Waste will be handled on an individual, contract basis. Existing businesses will be able to finish out contracts before switching to the city's solid waste service. Rates for commercial customers will be based on dumpster sizes and frequency of collections per week. 5. Community Development - Building Inspections and Permitting The City could perform all building inspection functions. There are some commerdal developments planned, but residential construction will be minor, as the annexation area is nearly built-out. Over the past few years, there was an average of about 458 permits issued per year. It is possible that the current staff can perform. the function. However, the building permit fees wilkover the cost of any building inspector services that may be needed in the future. An interlocal agreement with Collier County and North Naples Are District will need to address construction projects still in progress, to clarify which agency will issue certificates of occupancy. Community Development - Planning The Community Development/Planning Division could provide all land management related issues and planning services, to the annexation area. Due to the size of the area, the Planning Division will require a part-time planning position to be upgraded to full-time within one year of annexation. The position will be needed to enable the Oty to incorporate the project in the comprehensive plan, process planned development such as zoning or land use designations, address on-going neighborhood planning issues, and oversee the anticipated reallocation and build-out of 7 1-\98; ,;'¡B I¡em No. ~8 January 25, 2005 Page 22 of 30 the commercial parcels. The added cost, with benefits and operating costs, is $29,000. Community Development - Code Enforcement The services required of the Community Development/Code Enforcement Division will be minimal. Pelican Bay is a deed-restricted community, with restrictions greater than the general land areas of Naples. Violations will first be found and pursued by the Pelican Bay Foundation, in accordance with the property deeds. 6. Community Servicesl Parks and Parkways Community Services/ Parks and Parkways could provide the maintenance of the medians, parkways and public rights of ways in Pelican Bay. In addition, the City could take over the bay monitoring and the contractual management of tree trimming and maintenance. Flowers, tree replacements, and mulch costs would be part of the Oty/s responsibility. In the annexed area, services could be provided by a combination of in- house staff and outsourcing services. The City will need 14 additional employees to serve this area, and, with contracted services, the estimated cost will be $1,647,000 to provide landscape and maintenance services. 7. Streets, Lighting, Signage and Stonnwater The Pelican Bay area is currently well served by storm drainage and retention areas. The lakes and swales wW.þe maintained on the routine schedule by the Parks and Parkways division, like other city lakes. This is built into the above calculations for parks and parkways. The City has two streetsweepers that sweep the main collector streets of the City 1 time per week, and all other streets 1-1/2 times per month. The City will provide this current level of service in Pelican Bay, which is similar to the current level of service. Street sweeping will be paid from the stormwater utility, and will cost approximately $120,000. The area is fully built out for streets, and the streets are in good condition. Routine maintenance and repairs will be managed by Public Works. There are no overlay or major repairs pending. Street lighting is provided by FPl and funded by the Pelican Bay MSTBU. The electricity payment will be paid by the City. These costs will be paid from the Streets fund. With striping and regular sign replacement, the impact to the Street fund would be an increase of $48,000 in expenses, not fully offset by a $30,000 increase in sales tax revenue. 8 Agenda Item No. 98 January 25, 2005 Page 23 of 30 8. Water, Sewer, and Reuse Water Water, Sewer, and Reuse water are currently being provided by Collier County Utilities (CCU) Department. It is antidpated those utility services would continue to be provided by CCU. 9. General Administration To ensure top level service to the annexed area, the city proposed to add one Administrative Specialist/Receptionist to the City Manager's office. The addition of the solid waste customers will require one more Customer Service Representative in Finance (Customer Service), plus additional operating expenses in Human Resources due to the new employees. Overall, these would cost an additional $90,700. D. 171.042 Prerequisites to annexation. (1) (c) (2) Provide for the extension of existing municipal water and sewer services into the area to be annexed so that, when such services are provided, property owners in the area to be annexed will be able to semre public water and sewer service according to the policies in effect in such municipality for extending water and sewer lines to individual lots or subdivisions. Pelican Bay currently has water, effluent and sewer service provided by Collier County utilities (CCU). If annexation does occur, an interiocal agreement providing for CCU to continue to provide these services to Pelican Bay would be appropriate. E. 171.0.y Prerequisites to annexation. (1) (c) (3) If extension of major trunk water mains and sewer mains into the area to be annexed is necessary, set forth a proposed timetable for consb'uåion of such mains as soon as possible following the effective date of annexation. It is recommended that Collier County Utilities continue to serve the water, sewer and reuse lines as they are now. F. 171.042 Prerequisites to annexation. (1) (c) (4) Set forth the method under which the munidpality plans to finance extension of services into the area to be annexed. The method of funding any required service to this newly annexed area will not differ from the methods used to fund similar service arrangements within the existing incorporated area. Funding sources for this area will remain the same as they are in the current Oty budget structure. Specifically, certain services such as police protection, fire service, public landscaping and planning will continue to be funded through the General Fund. 9 ,-,C;"2nca Ilt:m j ,C;. 98 ~ January 25, 2005 Page 24 of 30 The Oty could also adopt a special taxing district to provide supplemental layers of service as requested by Peiican Bay. Specifically for the maintenance of the mangroves and beach renourishment, a small tax could be collected. Any special taxing district would be based on the needs and requests of the people of Pelican Bay. Stormwater and Solid Waste service will be funded via user fees. See the attached schedules for detailed revenue and cost details. ...... If 10 ¡r-~. ~::.:~:1."S:::r~.~':::~;S;;~-i~;:,.~~:~~~~~!íí1' ---=- -''"-'-T.U.ë''';'¡¡~~:C~' aJt.DO mO(",) .0...... 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Z¡X'Z:~iZ!~!Zj~'Z ~¡ ~jM~ ¡....¡.¡.¡8~ SiB 8:~¡8lS:~!~i~: g!~ S¡ ~:¡;!~¡ Si i:1¡~ ~¡~ ~¡=¡:;,¡~¡::¡~¡-; - ; ~; ;~' 'v ., ~¡ . ~" . g: ! ~ ~~ .:, ~ ~' ,,!g' " _' C 5 :; :act:'~;~ :'Eã'§;u ~: .,,1 ;:t; g,2,' J~ ~ jÜ.~¡ E~, t:: ~ :G!; ..,;,~J r;' ,g, v '~¡==' E õ'¡'¡ ~t ~ ~ ~r-gJ~1=f ª,=,::: 0 ~t~:ð:O (:;j E 5:Gw ~¡! i'~; i1.~:~ ~:~, ¥1~ ~"§. ~~ :?;,15!~.g =;0 (1:1 ~::: .a!D.. ~~t.1i' !!,:t -i JJ ;;!.e;'tJ ~:.t! :1:,~, ~¡::::!1 UJi'i ..J ~,-;; Q,.' g.',!q 5 v ~,~~ì 51"3'Õ~·5 ]~..ë'~' 0 ~~!I Z!~ ~ e ~.z,~:~,~,C:~ O!~_~ ~I~:~' \ ! , ; j; ..... \ ~ O.?~. , '~~.;,..'.:.;~.~'" Õ~_·'·..¡I'.·~..;,-,·'¡".·".·~_~_.f:·.:.!..:,¡:.·, ~1:,~i~!~,~¡~ ~ '" . ¡:- '-I:; ¡ ¡ g¡ \ "1·51 !~\~: i'¡¡ u! :",\ ~! ; ~t~: f~!~! !~i~¡ i~~ ¡~¡ ¡~¡ !VI, iM; !~1 iN; 1~:1\1jf\~~¡\{i ~fg\~:"'j~~~; ~ p,~¡'dnOà nen) ì\H__'. ~'d January 25, 2005 Page 26 of 30 ..: ... ~. - EXEcUTIVE SUMMARY ADOPT A RESOLUTION APPROVING A POUCY GOVERNING THE SALE OF RECLAIMED WATER TO THE UNINCORPORATED AREA OF COLLIER COUNTY OBJECTIVE: Request the Board of County Commissioners of ColJjer County, Florida, .as the governing body of Col1íer County and as ex-officio thð Governing Board of the: Col1ier County Water-Sewer District to approve a Resolution establishing a reclaimed water policy to sdJ reclaimed and ocher supplemental water exclusively to custorncrs located both in the District and in then unincorporated area.s of the County, with the possible exception of surp]us. reclaimed water and surplus supplemental water. CONSIDERA TIONS: The purpose of this policy is to ensure: that customers jll the unincorporated areas of the ColHer County Water--Scwr;:r District ("tbe District") shall have exclusive priority of sc:rvice and use for reclaimed and other supp]emcnt.al water res~lJrces for irrigation and 'similar purposes. This valuable commodity must be conserved and available for the first priorJty use of the District's primary customer base. The policy further contemplates that it be at the County's sole discretion to sell any exeess (surplus) reclaimed or surpJus supplemental water to ueas within 'the District that are then not within the mrinr.oxporated area of the County. This policy shall not affect any of the District's now existing separate written agreements to serve either such water service until the respective written service agreement is hereafter renewed or extended. Most, if not aU, of these separate agreements 'apply to golf course communities. Reclaimed )Vater 31'Id supplementAl water arø &old by tbe D~strict at Do CQ:rt to ·the Distcic6 customers as a signifie;mt!y lower cost alternative than the District's sales of potable water. Thl: user rates for reclaÜned water range from $.27 to $,67 per thoWjznd ~lons depending an the type of service provided to the District's reclaimed water customers. Potab]e water is provided to Customers of the District based on an inverted rate schedule tbat increa$eB the rate per thousand gallons used based on th~ volume of consumption.:.... As of October I, 2003: the I\pproved r.:a.te for potable water customers B01Ved by a 5/B" or a 374" meter and conswnpt.ioll of 5,000 or fewer gallons per month is $1'.48 per thousand gallons. Alternatively, the cost for a 5/S" and a. 314"meter rafigcs by blockS up to a maximum of greater than 50,000 ganons per month at $4.90 per thoU&!Uld gaI10ns (See: attach cd Exhibit A). FISCAL IMPACT: Thcr¡; is no fiseal impact to the customers of the IUlÍncorporated.area of the Collier County Water-Sewer District relative to the 2doption of this Resolution.. GROWl'HMANAGEMENT IMPACT: There: is no impact to the Growth M8J1agement PJan related to this Executi....e Sum.mi:1ry. RECOMMENDA TION: That the :Soard of County Commissioners as the governing body of Collier County and as ex-officio the Goveming Board of the CotHer County Water-Sewer District, by a.pproval of this Executive Summa.xy: ~GoI:NI1I, ¡TE... MO./fA t!., ? JAN 1 3 2004 PG. / ----~---- --- . ,- I - 6" ... --} Agenda Item No, 98 January 25, 2005 Page 27 of 30 1. Adopt the attached Resolution on reclaimed water policy for the provision of recla.imed and supplemental wat~ service; and 2. Authorize the Chaimun to sign the attached Resolution. ~L ß tJdi:) DATE: I /07(O~ I I/¡Ioy I 1- ~ -04 AGíI«lA ITE" 1«1. / r;. C! 1 JAN 1 3 20D4 I'G. ...2... PREPARED BY: Thomas G. Wides, Operations Director, Public UtiJities Division REVIEWED BY: Ann Marie Saylor, Operations Analyst, Public Utilities Division DATE: REVIEWED BY, d,t./ ~ DATE: Ro6ert Casey, Reuse Co rdinator, Wa.o¡tewater Department, Public Utilities Division DATE: REymWED BY: Jo he eatham, Wastewater Director, Pub 'c Utilities Division .<1" APPROVED B'i!: James W. DeLony, P.E., Administrator Public Utilities Division DATE: . /-,s¿r;(k~ '.~~I-n i\iG, ~b January 25, 2005 Page 28 of 30 EXHIBIT 'fA" Collh.. Cðunly w.........q_..r n¡ctrict W_rMlastewalllr Rate study Update Water System RATE SlIMMA.RY e WATER SERVlca AVAILAB/UN CHARGES IRes¡gentliil, MUlti-I'amJly, commerc~iIIl, and Irrl!tatlon Omy) Metet Sjm 518" 3I4~ 1~ 1-1/4" 1-1JZ" r. 3" 4" '" 8" 10" 12" EffeCllve Oe~ber 1. 2003 ëtfel:tivo Q ¡;tob&r ,. %004 $ 12.30 $ 12.60 $ '2.30 $ 1.2.60 $ :l7.10 $ 27.10 S 34..40 $ 3S.2D $ 51.70 $ 53.00 $ 111..20 .f> BJ.2U $ 160.10 S 153.80 S UB.SO $ 2S4JiO $ 494.5lI $ !DUO 4 7B.!!.7D .$ 1109.00 $ 1,4.'29.30 $ 1,464..20 $ 1,S30liO $ 1,971.&0 VOLUME; CHARGE PER 1,oaO GALl-ONS £RGr;Jdanti.I. Multi-Family, Comrn'l/"Çial, and Irrigation Only) Slock 1 .$ 1.48 t 1./;4- $ 2.10 $ 2.2Ø .$ 2.70 .$ 2.90 $ .3.40 $ 3.711 $ 4.10 .$ 4.lrO .$ 4,90 S 5.60 Block .2 Block :\ aleck 4 -~:::; ~. B1.0~ RATE STRUCTURE (RÐJ:I~ntiaf. Mul!J-Fomily, C:ommercial. and Irrig:!tjøn Only) Cðn$urnDtlon'Block - UÞ To Or Noxt ........ 61C1ctc1 ~ elcc~ 3 Block" Block I; Block ¡¡ Meter SÍ2.I! Sla- p 5.000 10,000 20,000 30,000 50,000 Over 50,000 ::JI4" 5,000 10,1100 20,(100 30,000 SO,DOO OVIIrBo,oOO 1· 1 z,ooo Z~,gOO 50,000 75,000 120,000 Over 120,000 1-1/4" 2D,(I00 40,000 80,IIOD . 120,000 :2CO,ooO OverZOO.ooo 1-112" .u,ODO SD,DDD 10D,000 15O,0DO 250,000 Over 260,000 it' MI,OOO 80,000 180,000 240,000 400,000 Ovar 400,000 3" 80,000 180,000 .::I%D,oOO 4aø,OOO 100,000 OVer 800,000 4" 1211.000 260.000 &00,000 800,000 1.200,000 0_ i .;zOO,DOO 6" 260,000 500,000 ',1100,000 1,500,000 2,5OD,000 Ollar 2,500.DOtI 8" .csO,OOO 90Q,000 1,800,000 2,700,000 4,601>,000 DlI8r .. ,800 ,ODD 10" 7DO.o '.L<m,noo 2,1100,000 4,3OD.OOO 7,000,000 OVllr 7,000,000 12" 1,076,000 2,1150,000 4,300,000 6,480,DOO 11,000,1100 Over 11,000,000 (") Proposed rat8s to becoma effective wfth selVlcD ....ndered on and lifter Oc:tcber 1st of each fi£cal)l'8lllr Indle.tllll. -', ~/ AGëNøA 1~ 110. 1& tr ,-.. JAN r 3 20U4 "G, ...3 Agenda Item No. 98 January 25, 2005 Page 29 of 30 RESOLUTION NO. ZOO4 -_IU..- A RESOLUTION OF THE BOARD OF COUNTY COMJ\<JJSSIONERS OF COLLlElt COUNTY, FJ.OR[ÐA, TO ADOPT ^ POLICY GOVEltNJNG SALE OF Rr::CLArM~D WATER ONLY TO UNINCORPORATED AREAS WITHIN COLLlElt COUNTY WIlEREAS, the Collier County WatE:f-Se.wcr Disrrit:t desires to adopt 0 reclaimed water policy to sell nxlaimed nod other supplement:> wgter excluçivcly to cu"tom..... in the lInincorpor.Jted 3rea¡; of Collier County to protect and obtain !be ~t usage of this limite:d resource; and \VHEREAS, the Cl)lIicr County Comprehensive Plan m¡¡ndatcs duol watCT scrvices for nl111cw developments and the Florida Dcpanmcnt of Environmental Protection mnndlltcs Ihat eIIch W8s!cwater uli [ity shall have a disposal of reuse pro~m basl!d 01'1 the number of eustomcr.; SeNl!d by the utiUty. NOW, THEREFORE, BE IT RESOLv"ED BY mE BOARD OF COUNTY COMMISSIONERS OF COLLŒR COUNTY, FLORIDA, that: The Collier County Water-Sewer District (District) shan provide recl;¡jmecJ and/or supplement;¡1 w;¡ter service only pursuant to Sl!pnrnlC wrillen agro:ment applicable to each respective cleöJrly defined and dc.seribed recl:Jimed and other supplementa! water service:tre3 located within lI1e then c:\isling boundaries of the District. and no such agreement snn!ll1uthc1Ízc or ¡¡lIow the D¡~u'¡ct to supply reclaimed wnte.r or supplcmcntnl water to any uren then situate within the geogr,¡phic bouT1C1aries of a municipa[ity, Also, cnch such agreement entered into, renewed or extended by the Distriet after th~ effective datc of thi s Resolution shall Ìndudtr th" following provision: "In the event that al1 or any part of the land .area to be !lCfVcci with reclaimed water pursuant to this agreement is annexed into a municipal corponation. either party to this agreement shall have the absolute right, without any !i:tbility whatsoever to the oth¡¡:r p:¡ny or to nny other jnclivldual¡1 or entities. to terminate this reclaime:d and other supplemental water service to the arr;¡¡ annexed into the municipaJj(y by giving the other pllrty 10 the 3gn:ement not less th:m ninety (90) clays nnd no more than thrce hundred and sixty-five: (365) days advance wrH.tcn notice of the terminating pal1y's decision to termi nate this reclaimed ancl other supplemental water service to the geogr.¡phie area annexed into So municipality." Should.an excess amount of rec]nimed or other supp]cmcntal water, or both, become o.vnilable to the District in Ihe future whereby there then exists no viable demand for such surplus rcelnimed or surplus olher 5upplcmc:nt(1J water. or both, anywhere in the then unincorporated area of ColJierCounry, the District will consicler the: possibi1ity of sefling only such surplus reclaimed ancl surplus other suppfemental war.er to service "Teas that are situate outside ~then existing un'no;;orpol al.,.} i.lT>O>I IJÎ the County. J.-rl. This Resolulion is adopted after mOlion, second and majority vote f,lvoring adoplion lhis .ß!..2 day of J.m\.lary 2004. ATTEST Dwight. B. Brock, CierI< 130ARD OF COUNTY COMM1SSIUN~RS COLLIER COUNTY, FLORIDA. EX-OFf/CrO THE G0:EfRN G BOA D OF THE COUlER COUNTY W -SE DISTRIcr -..., . By: frt..--· '-"'......."--'"...-- . Ch~~an ..-',.~.~ ~ :,BY~k~ . ~' t (Deputy Clerk " ( ~~~~t ~~ ~ C~Gi~~·f ~: ~ I \.It.' h'l"~. ~ J, !.~ . ' ·\.;..AÞProVed as to rO~·l.1nd legal sufficiency: ·By,~~ l1···.!..·,···'C P'" 1om:lS . ",mer. Assistant County Attorney 'ì \ : \\ \<\~ S 1 H~í t¡C NC\S\¡"IÇI-a\ìö S)\l\~~(\\t~:'hb .\H\tL- -~. Item Number Item Summary Meeting Date Approved By James V. Mudd Board of County Commissioners Agenda ¡t(;rn ¡\io. GB January 25, 2005 Page 30 of 30 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 9B This item to be heard at 10:30 a,m. Discussion regarding the Pelican Bay Annexation report, (Commissioner Henning request) 1/25/20059:00:00 AM County Manager Date County Manager's Office 1/18/2005 11 :58 AM , ¡-"genaa ¡lSIlì No. 9C January 25, 2005 Page 1 of4 MEMO AICIMID ODUNTY MMt~.. 0PfIICI DATE: January 18, 2005 JAN 1 8 2005 TO: ACTION James V. Mudd, County Manager JII.E FROM: Frank Halas Commissioner, District 2 SUBJECT: Request to Reconsider Warm Springs PUD, PUDZ-A-2004-AR-6142 Naples Syndications, LLC I hereby request that the above named item be placed on the January 25, 2005 Board of County Commissioner's agenda for reconsideration by the Board. 1,.-,. Frank Halas, Vice Chainnan Commissioner, District 2 FHJtlm cc: Board of County Commissioners Media File Sue Filson, Executive Manager to the BCC --- -'-~..---,.."".....,...,. . ..·.".,.·,·c,·.:,._,,,j'1II...,,~.,·., Agenod ilet1l ¡';C;. S~: January 25, 2005 Page 2 of 4 Memorandum To: Tom Henning, Commissioner, District 3 Frank CommIssioner, District From: Date: Tuesday, January 18, 2005 ,- Subject: Request to Reconsider Warm Springs PUD, PUDZ-A-2004-AR-6142 Naples Syndications. LLC On January 13, 2005, the County Manager's Office received a request to reconsider the Warm Springs PUD that was heard and subsequently denied at the January 11. 2005 meeting of the Board of County Commissioners. In accordance with the Code of Laws and Ordinances of Collier County, Florida Sec. 2-42, . entitled." Reconsideration of zoning and comprehensive plan requests,' the petitioner has the right to request a motion of reconsideration. As a member of the Board who voted against the rezoning request, you may move for a reconsideration of the petition at a regular Board meeting within 15 days of the request for reconsideration. In order to meet this 15·day deadline you must tell me If you wish to place this Item on the agenda for reconsideration prior to the January 25, 2005 Bee meeting. ~- If you should choose to make a motion for reconsideration, the item will be placed on the January 25 agenda under. Section 9. Board of County Commissioners. The Board has the opportunity to then act upon the motion or continue the Item until the next meeting. While the motion may also include a date for the Item to be reheard. the reconsideration must take place between a 14 - 30 day period after the motion has been adopted. It should be noted that the motion for reconsideration does not allow for the public or the petitioner to address the Board. The Board, however, may ask staff and the petitioner for information while considering the merits of the motion. The motion for reconsideration requires a majority vote by the Board. If the motion passes and the Warm Springs request for rezone Is brought back for reconsideration, all of the requirements regarding public advertisement, public _ hearing and approval by super majority will apply. I have included a copy of the petitioner's request, as well as the section of the Code of Laws and Ordinances of Collier County, Florida Sec. 2-42, entitled," Reconsideration of zoning and comprehensive plan requests," indicating the procedures for reconsideration. Please let me know as soon as possible and no later than Wednesday, January 19. 2~05, if you wish to place this item on the agenda. ·, Agenda Item No. 9C January 25, 2005 Page 3 of 4 ~"J ..~. . SIKET, SOLIS & MAHER, P.r..c.vmCOUNTYt.WWIMOPI'Ø. ATTORNEYS AT LAW SUITE 301 1100 FIFTH AVENUE 80UfH NAPLES. FLORIDA 34102-6416 TELEPHONE TELECOPIER (239) 261-4673 (239) 261-1579 January 13, 2005 JAN 1 ,3 2005 AC110N IU YIA BAND DELIVERY .-' ~, James V. Mudd, County Manager Collier County Government Complex 3301 Tamiami Trail East Naples, Florida 34112 Re: Warm Springs Dear Mr. Mudd: This fum represents Naples Syndications, LLC, with regard to the Wann Springs PUD Petition that was considered by the Board of County Commissioners on Tuesday, J anuaxy 11, 2005. This item was listed as No. 8.A on the JanuBl)' 11,2005, Board of County Commissioners Agenda. Pursuant to Section 2-42 of the Collier County Code, Naples Syndications, LLC, hereby requests that it's Warm Springs I:»UDletition be reconsidered by the Board ofCoun.ty Commissioners as provided for in Section 242. If you have any questions, please give me a call. Sincerely, ER, P.L. cc: Client r .' ~ Item Number Item Summary Meeting Date Approved By James V. Mudd Board of County Commissioners I~·.,:':.)¡ ,,~d i; ;:~T 1 ! I>O"~, -.J " January 25, 2005 Page 4 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 9C Request to reconsider Warm Springs PUD, PUDZ-A-2004-AR-6142 Naples Syndications, LLC, (Commissioner Halas request) 1/25/2005900:00 AM County Manager Date County Manager's Office 1/18/200512:14 PM Agenoa Hc; i 1\10, 10A January 25, 2005 Page 1 of 7 .-' EXECUTIVE SUMMARY Report back to the Board of County Commissioners on whether to modify the current design plans regarding the constraints on the construction of Santa Barbara/Logan Boulevard from Golden Gate Parkway to Pine Ridge Road. OBJECTIVE: At the November 30, 2004 Board meeting there was a discussion on whether there should be changes to the Santa Barbara Boulevard/Logan Boulevard design based on the high growth throughout the County and recent network changes. At that time the Board requested that staff come back to the Board and present the evaluation of the need for six lanes of construction north of Golden Gate Parkway and to evaluate the need for six lane right-of-way acquisition of Logan Boulevard north of Green Boulevard .- CONSIDERATION: The original design project that was initiated in 2001 included widening Santa Barbara Boulevard from Davis Boulevard to Pine Ridge Road from four lanes to six lanes. After several public meetings and workshops with the Board in 2002 and the beginning of 2003, it was decided to widen the segment from Davis Boulevard to Golden Gate Parkway from four to six lanes, to buy the right-of-way from Golden Gate Parkway to Green Boulevard and rebuild this segment as a four lane facility with sidewalks, drainage improvements, and a wider median within the new right-of-way and to construct intersection improvements at Logan Boulevard and Pine Ridge Road. Parson Brinckerhoff was hired by the County, at the request of the sUITounding community, to look at innovative intersection designs to possibly delay or solve the need for six laning. Their first task was to reanalyze the corridor using the traffic data from the latest roadway improvements and modeling the network changes that occurred since this project was first analyzed. The report submitted by Parsons identified additional turn lane improvements that are needed to meet the existing and future demand but did not change the overall recommendation that six lanes would be needed in the design year. In April 2003 the Board approved the changes to the design that called for widening from Davis to Golden Gate Parkway to six lanes and buying six lanes of right-of-way from Golden Gate Parkway to Green Boulevard and rebuilding the four lanes within the new right-of-way and making intersection improvements at Pine Ridge Road. The design was restarted and the revised design plans were presented to the public on November 15, 2004 at the 60% design stage. At the November 30,2004 Board of County Commission meeting there was a discussion of whether Santa Barbara should be widened over the length of the corridor and that staff should come back to the Board and present the various options and recommendations at the second meeting in January. Listed below in bullet fonnat are the options that were evaluated north of Golden Gate Parkway in response to the Board's request: ""-"",, · Regarding the construction of six lanes north of Golden Gate Parkway, staff and the Santa Barbara consultants reviewed the existing data based on recent road network changes and provided opinions on when the six lanes would be needed north of Golden Gate Parkway. The two letters of correspondence regarding the analysis are attached and both agreed that the six lanes would not be needed until approximately 2014. This volume relates to an estimated projected daily traffic of 35,700 vehicles 1 ~··"""·"···""""····I'''''_M,t.,·",·, . !-',',.:~. i e;"~ ¡LefT1 {\G. 'fl)f\ January 25, 2005 Page 2 of 7 per day in 2014 and a 2025 estimated volume of 51,125 vehicles per day. This analysis included recent traffic counts that reflect the opening of Livingston Road from Radio Road to Lee County. Based on the fact that this allows at least five years of service at a four lane cross-section, staff recommends continuing with the current design plan of buying the right-of-way and rebuilding the four lanes within a six lane right-of-way from Golden Gate Parkway to Green Boulevard. The recommendation to rebuild the four lane segment north of Golden Gate Parkway is based on the need to reconstruct this segment since the roadway surface is falling apart. In addition, there is a desire to add sidewalks, bike lanes, construct drainage improvements and to keep the existing access points that requires a wide median making it necessary to acquire the right-of-way that will be needed for six lanes. · In regards to the acquisition of right-of-way north of Green Boulevard, staff has reviewed the right-of-way issues in this segment and acknowledges that there will be a future need to move to six lanes in this segment but that it is not eminent. The plans developed to date are based on a four lane cross-section from Green to Pine Ridge with intersection improvements at Pine Ridge (see the attached graphic that shows the existing and proposed turn lanes). Staff has calculated that the cost estimate for the right-of-way at the Pine Ridge intersection for turn lane improvements within a four lane right-of-way is $1.14 million and the right-of-way for six lanes north of Green would be $2.64 million. The construction cost for the intersection improvements within the four lanes is estimated to be $1.0 million. The additional turn lanes at Pine Ridge would extend the operation of this intersection but it will still fail by the design year. The other option that was investigated is to buy only corner clips and to make minor intersection improvements that include improving the northbound left turn storage lane lengths and to add an exclusive eastbound right turn lane to return the right turn lane back that is used to be a through lane back to a through lane. These minor intersection improvements are estimated to cost $300,000. Staff would recommend against buying the four lane right-of-way for the Pine Ridge intersection improvements where we may end up buying future six lane right-of-way from the same parcel owners. Essentially, either buy once for six lanes and do those four lane intersection improvements identified in the attached graphic or do the minor intersection improvements (adding a eastbound right and extending the northbound left turn storage) in the existing right- of-way with only corner clip right-of-way acquisition. FISCAL IMPACT: The current project is funded for design, right-of-way and construction and the funding is corning from fund 313 (gas tax) and impact fees. GROWTH MANAGEMENT: This project is consistent with the Long Range Transportation Plan and the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners continue with the existing design plans that call for widening Santa Barbara Boulevard from four to six lanes from Davis Boulevard to Golden Gate Parkway and buying six lanes of right-of-way from Golden Gate Parkway to Green Boulevard and rebuilding a four lane cross-section within 2 ¡LS¡',¡ J'~0, I ,_',.~";I. January 25, 2005 Page 3 of 7 this right-of-way. Also, consistent with the previous Board action, there would be no widening beyond four lanes at this time north of Green Boulevard and the intersection improvements at Pine Ridge Road be made with only minor right-of-way acquisition such as comer clips. Prepared by: Donald Scott, Transportation Planning Director 3 Page c, of l COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 10A Presentation of recent analysis and recommendation of continuing with the current design for Santa Barbara which includes widening to six lanes from Davis Boulevard to Golden Gate Parkway and rebuilding a four lane roadway in a SIX lane right-of-way from Golden Gate Parkway to Green Boulevard with a slight revision to the Golden Gate Parkway intersection to include three northbound lanes for a short distance to help the current and future operations of this intersection. (Norman Feder, Administrator. Transportation Services) Meeting Date 1/25/200590000 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportion Services Transportation Services Admin. 1/12/20051:31 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 1/12/20052:08 PM Approved By Sharon Newman Accounting Supervisor Date Transportion Services Transportation Administration 1/12/20054: 33 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1/13/20059:19 AM Approved By Susan Usher Senior ManagemenUBudget Analyst Date County Manager's Of nee Offíce of Management & Budget 1/14/20051:47 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1/14/20054:04 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1/19/20059:37 AM «LOr-- °8õ ~NLO °LÔ(l) ù~~ ~ § rJ:J 0 å:)~ =~ ~~ 'i~ o ~ ~ g (1)=C ~~ .~ Q.) ~~ (1)] ~ ~ .~ U ~.~ I 0 ~ ~ C'd~ >~ ,£ § ~ OJ:) o ~ ÇQ .~ s:= .~ C'd Þ< bJJ~ o ~ ~ ~~ o g ::C::r:: ~~ Q) Q) ~ ~ tn~ NO 00 ~N --- 'ïj bfj 2 Q u ...... Q) ~ .~ ...... e ~ ~~ ~, = = == ~ :s == ~ = .- ~ N ~ tf')~ ~N )lllll ;A þ þ ~ 010 ~ ~ tf') N N r rr I:"-- ~ => tf') I:"-- ~ ~ ~ " .. .. /' /' /' =" I:"-- N II') ~ ~ "CS ; .. r ( ~ == § =t) = ~ +-z WilSÔnMiller ... {,Gel.." Item i'~O 1 ûA ~ January 25, 2005 Page 6 of? MEMORANDUM (Draft) TO: Mr. Tad Pluc Collier County Government Transportation Services Division 2685 Horseshoe Drive South, Ste.212 Naples, FL 34104 Tr FROM: Wayne Hartt, P.E. DATE: December 21, 2004 SUBJECT: Collier County Project No. 62081, Santa Barbara/Logan Blvd. Dear Mr. Pluc; As requested, this memorandum will serve to provide our firm's professional opinIon regarding the future need for six lanes along Santa Barbara Blvd. I Logan Blvd from Golden Gate Parkway to Pine Ridge Road. WilsonMiller has reviewed the Santa Barbara Boulevard Widenine Intersection Geometry Plans Review - Final Report. dated October 2004 in which the consulting firm of Parsons Brinckerhoff Quaid & Douglass (PBQ&D) provides travel demand modeling for the subject corridor. We concur with the report's findings that approximately by year 2014, a four-lane roadway would become deficient with respect to the county's adopted LOS standards. PBQ&D's detailed operational analysis also supports the need for six lanes in the future. Using 2025 traffic projections along with optimum intersection geometry and signal timings, their analysis predicts a peak hour level of service of LOS F at Santa Barbara I Logan Blvd.'s intersections with Golden Gate Parkway, Green Blvd., and Pine Ridge Road. This most recent analysis incorporates 2004 traffic counts that reflect the opening of Livingston Road as well as other recent amendments to the Long Range Transportation Plan (LRTP). PBQ&D's conclusion that a four lane roadway will not meet the county's long range needs is also consistent with previous transportation needs and operational studies performed by WilsonMiller, including the Collier County MPO 2025 LRTP UDdate. revised and adopted March 2001, the Santa Barbara Blvd. Traffic Eneineerine Report. dated July 2001, and the Santa Barbara I Loean Blvd Traffic Eneineerine Report Supplement. dated May 2003. Sincerely, WilsonMiller, Inc. Wayne P. Hartt, P.E. . Vfit': oed- ""'" Agenda Item No.1 OA January 25, 2005 Page 7 of 7 January 3, 2005 Mr. Tad Pluc Collier County Government Transportation Services Division 2685 Horseshoe Drive South, Suite212 Naples, FL 34104 Subject: Santa Barbara Boulevard Widening Intersection Geometry Plans Review Need for a Six-lane Typical Section on Santa Barbara Boulevard Dear Mr. Pluc: As requested, the following is a summary of the information contained in the Santa Barbara Boulevard Widening Intersection Geometry Plans Review Traffic Technical Memorandum dated October 2004. Based on the information provided in this report, it is our firm's professional opinion that six lanes are needed on Santa Barbara Boulevard between Golden Gate Parkway and Pine Ridge Road to maintain acceptable levels of service beyond the year 2014. The need for six lanes on Santa Barbara is based on extensive traffic analysis using actual counts collected in 2004 as well as traffic projections based on the latest developments and roadway improvements included in the County's 2025 Cost Feasible Long Range Transportation Plan. The roadway improvements include extension of Logan Boulevard north to Immokalee Road and Santa Barbara Boulevard extended south to Rattlesnake Road. Based on these parameters, daily traffic projections were developed for each year between 2004 and 2025 to identify the year when the four- lane section on Santa Barbara Boulevard will reach level of service D capacity. Level of service D corresponds to vehicles traveling at about 40 percent the posted speed limit and experiencing minimal delay. The analysis performed for both daily and peak hour conditions show that a third lane will be needed beyond 2014 in order to maintain level of service D on Santa Barbara Boulevard between Golden Gate Parkway and Pine Ridge Road. The analysis was also based on providing maximum improvements at the intersections as well as optimizing signal timings along the boulevard. Our firm's conclusion that six lanes will be needed on Santa Barbara Boulevard north of Golden Gate Parkway beyond 2014 is also consistent with the previous analysis performed by Wilson Miller, Inc. The analyses documented in the Santa Barbara Blvd. Traffic Engineering Report, dated July 2001, and the Santa Barbara I Logan Blvd Traffic Engineering Report Supplement, dated May 2003 prepared by Wilson Miller, Inc. also conclude that four lanes on Santa Barbara Boulevard will not be adequate to meet projected traffic volumes in the Mure and maintain a level of service D. Sincerely, Parsons Brinckerhoff Quade & Douglas, Inc. Marie-Elsie Dowell, PE, PTOE Copy: Gene McCormick, PBQD - Agenda Item No.1 OB January 25, 2005 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to approve an alternative road impact fee calculation and resulting rate of $9,619 Per 1,000 square feet for the proposed Germain Riverchase BMW dealership OBJECTIVE: For the Board of County Commissioners to approve an alternative road impact fee calculation and resulting rate of $9,619 per 1,000 square feet for the proposed Germain Riverchase BMW automobile dealership at the Riverchase Shopping Center at the northeast corner of the intersection of Tamiami Trail North (U.S. 41) and Immokalee Road (C.R. 846). CONSIDERATION: The petitioner originally met with County staff to discuss methodology in July 2004 and subsequently paid a $2,500 review fee as required by Section 74-204 of Collier County Ordinance No. 2001-13, as amended, the Consolidated Impact Fee Ordinance (CIFO). Staff has thoroughly reviewed the consultant's methodology and raw data and verified all calculations. The data collection and analysis meets or exceeds all requirements of the CIFO. The consultant submitted a comprehensive report on December 20, 2004, relevant excerpts of which are attached hereto. The petitioner's consultant, Nunner GToup, L.L.C., conducted an alternative road impact fee calculation study collecting trip generation characteristic data from three similar sites (similar in terms of location on major arterial roads, location and number of ingress/egress points and type of product line marketed at the facilities) in Lee, Hillsborough and Polk Counties. The analysis indicates a trip generation rate of 16.3 vehicle trips per 1,000 square feet per day, an average trip length of 5.3 miles, and 85.4% of those being new trips on the road network. In comparison, the current rate assessed by the county for an automobile dealership is based on 37.5 trips per 1,000 sq. ft. per day, an average trip length of 4.7 miles, and 79% of those being new trips on the road network. The consultant's trip generation rate resulted from machine counts taken at the above three sites, and the average trip length and percentage of new trips are the results of origin/destination (OlD) surveys of motorists at those locations. The consultant calculated a rate of $9,619 per 1,000 square feet, which represents an adjustment of $10,329 from the adopted rate of $19,948 per 1,000 square feet. The site development plan for the proposed facility indicates that it will be 37,732 square feet in size. For that size facility the resulting road impact fee assessment would be $362,944.11 as opposed to $752,677.94 at the adopted rate, a downward adjustment of$389,733.83 or 51.8%. To be legally defensible, the dollar amount assessed must represent no more than a prof0rtional share of the cost of the public facilities needed to accommodate the new development. 1, In order to achieve this standard and avoid overcharging, experts in the field recommend that jurisdictions base estimates of facility usage (i.e., for transportation facilities, trip generation rates, average trip lengths, and percentage of new trips) on the most current and locally sensitive data available.3 Independent studies are an effective way to address many such technical issues. 4 1 Contractors & Builders Association of Pin ell as County v. City ofDWledin, 329 So.2d314 (Fla. 1976), cert. denied 444 U.S. 867 (1979) 2 Hollywood. Inc. v. Broward COWlty, 431 So.2d 606 (Fla. 4th DCA 1983) 3 Kolo, Jerry, and Todd J. Dicker. 1993. Practical Issues in Adopting Local Impact Fees. State and Local Government Review Vol. 25, No.3 (Fall): 197-206. 4 Firtel, Laura 8., AICP. 1991. Trip Generation in Impact Fees. J 99 J International Coriference Compendium Papers, 83-89. Washington, D.C.: Institute of Transportation Engineers. -..",..,.".., ."-.""-,~-~---,,.^,~,~ Alternative Fee Road Impact Fee Calculation for Germain Riverchase BMW Dealership - Page 2 Agenda !tern No.1 08 January 25, 2005 Page 2 of 7 The fee based on the above study represents a more cUITent, locally sensitive and accurate estimate of this particular automobile dealership's impact on the County's road network than does the fee based on the parameters set forth in the cUITent road impact fee schedule. The adopted rate for an automobile dealership is based in part on a trip generation rate of 37.5 vehicle trips per 1,000 square feet per day, which was derived from seven site surveys conducted by the Institute of Transportation Engineers (ITE) from the late 1960s to the 1990s. Those surveys were conducted at various locations around the continental United States. Those seven studies identified daily trip rates ranging from 15.64 to 79.66, of which 37.5 is the average. The daily trip generation rate of 16.3 derived from the consultant's local study falls within that range. The consultant's conclusions are reasonable considering the nature of the market for high-end automobiles. The product line of this establishment is marketed to a relatively small segment of the population. The proposed Gennain Riverchase BMW dealership would not attract the number of vehicle trips that an average dealership would attract, thus, it is reasonable to expect a less-than-average impact on the county's transportation network. Board approval of this alternative road impact fee calculation would not change the cUITent adopted rate for automobile dealerships. The CUITent rate would continue to apply to future developments. ."....... FISCAL IMP ACT: The road impact fee will be deposited into the District No. 1 Road Impact Fee Trust Account (Fund 331) prior to the issuance of a building pennit. If the Board accepts the alternative fee calculation of $362,944.11 (37.732 ksf x $9,619 = $362,944.11) as indicated in the consultant's report, this would reflect a minus 51.8% adjustment from the adopted rate, a difference of $389,733.83 ($752,677.94 - $362,944.11 = $389,733.83). This adjustment will reduce the availability of funding for capital improvements to the county's transportation facilities system by $389,733.83; however, staff believes the proposed rate more accurately reflects the proposed facility's proportional share of the cost of public transportation facilities needed to accommodate new development. GROWTH MANAGEMENT IMP ACT: Road impact fees are an important funding source for transportation system capital improvements identified in the Capital Improvement Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the petitioner's alternative road impact fee calculation and resulting rate of $9,619 per 1,000 square feet for the proposed Germain Riverchase BMW Dealership. Prepared by: Phillip R. Tindall, Principal Planner - Concurrency Transportation Planning Department Afsnda Item No. 10B January 25. 2005 Page :3 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 108 Recomrnenda1ion to approve an alternative road impact fee calculation and resulting rate of $9619 Per 1.000 square feet for Ihe proposed Germain R",erchase BMW dealership. (Norman Feder, Administrator, Transportation Services) Meeting Date 1125/20059:00:00 AM Approved By Norm E. Feder, AICP Transportation Division Ad,¡'¡nistrator Date Tnt"sportion Servì(;~s Transportation Services Admin, 1/11120058:16 AM Approved By Sharon Newman Accounting Supervisor Date Transportion Services. Transportation Admínistration 1/11120053:49 PM Approved By Gloria Herrera Management/Budget Analyst Dote Transportion Services Transportation Operations 1/11120053:55 PM Approved By Donald L Scott Transportation Planning DirectDr Date Transportîon Services Tram¡portation Planning 1/1112005 3:58 PM Approved By Amy Patterson Impact Fee Manager Date Community Development &. Environment.al Services FinÐrlcial Admin, 8. Housing 1/11120054:29 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Trans.portation Seruíces Admin 111112005 4:54 PM Approved By OMS Coordinator Administrative AS!ìoÎstant Date County Manager's Office Office of Management & Budget 1/12/200511:58 AM Approved By SU5¿n Usher Senior Management/Budget Analys.t Dat.e County Manager's Office Offíce of Management & Budget 1114/200510:56 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Offì(;e Office of Manugement &. Budget 1114i2005 11:27 AM Approved By James V. Mudd County Manager Oa.te Board of County Commissioners COUt1ty Manager's Office 1117120051"1:03 AM Agenda Item No.1 OB January 25, 2005 Page 4 of 7 I. Introduction Nunner Group has conducted an independent 1ransportation impact fee study for new / used auto sales. New / used auto sales facilities sell and service new and used cars. A new BMW Dealership is proposed to be located at Riverchase on the east side of US 41 just north ofImmokalee Road in Collier County, Florida. This study was completed to deterrnllie an alternate 1ransportation impact fee representative of the actual impacts of the proposed use. The study methodology was discussed with county staff and conducted pursuant the county staff July 30,2004 meeting. The study followed the procedures / guidelines outlined in the "Alternate Study Guidelines - Collier County Transportation Impact Fee." II. Data Collection Three sites were selected as outlined in the Study Guidelines. The following three sites were selected because of their similarities to the proposed facility. Also listed below are the dates the data was obtained. Locations and Survey Dates Ft. Myers Jaguar / Audi 15875 S. Tamiami Trail Fort Myers, Florida Trip Counts: August 17 - 23,2003 Survey Dates: August 18 - 20, 2003 Fields BMW of Lakeland 4285 Lakeland Park Dr. Lakeland, Florida Trip Counts: September 20 - 26, 2004 Survey Dates: September 20,21,22,2004 Reeves BMW of Tampa 109 E. Fowler Ave. Tampa, Florida Trip Counts: November 4 - 10 Survey Dates: November 4, 9, 10, 2004 Each of these stores provides new and used auto sales and service. The sites all fronted major roadways similar to the proposed facility. A site plan depicting each location and building size is contained in Exhibit F. Photographs of each location are provided in Exhibit G. Average daily trip ends. Traffic counters were in place at each facility for seven consecutive days to detennine the average daily trip ends. A copy of this data is contained in Exhibit A. Manual checks as required in the study guidelines confirmed accurate equipment operation. Agenda Item No. 10B January 25, 2005 Page 5 of? Each location provided controlled access, which enabled accurate daily traffic counts. The counts were confIrmed, analyzed and adjusted due to site conditions based on interviews with store managers and employees as well as visual inspections during survey period. Trip end generation, assessable trip length, and the percentage of new trips added to the road system by the development were determined by motorist interviews. These interviews were conducted over a three-day period for each site for 9 hours per day. A copy of the completed data collection forms and original forms for each day and site are contained in Exhibit B. The data was analyzed upon completion of the seven days of counting and three days of motorist surveys at each site. The data was analyzed based on the ITE Journal- April 1991 article by William E. Oliver entitled Measuring Travel Characteristics for Transportation Impact Fees. A tabulation of the analyzed data is included in Exhibit B. Ill. Study Results The data produced the following study results. These calculations are shown in Exhibits C and D. Trip generation rate: Percent New Trips: Average Trip Length: 16.3 trip ends per 1000 sf 85.4% 5.3 miles - 0.48 local trip miles = 4.82 miles IV. Alternate Impact Fee Calculation The data above provides representative values for the variables necessary to compute an alternative transportation impact fee. The above data are indicative of those of the proposed facility. All other calculation values are those provided including cost of new road construction, gas tax credit, and interstate mileage credit. The Alternative Transportation Impact Fee is calculation is shown in Exhibit E. Based on the data obtained and fixed data provided the impact fee for this facility should be $9,619 per 1000 sf. Agenda Item No.1 OB January 25, 2005 Page 6 of 7 v. Conclusion The trip generation rate determined by this study is significantly less than the average rate determined by the Institute of Transportation Engineers report Trip Generation, 6th Edition. A copy of the ITE Land Use 841 is included in Exhibit H. The ITE studies produced a wide margin of rates that make it difficult to access a realistic value on the type of dealership proposed. The ITE rate of 37.5 was based on an average of seven sites surveyed from the late 1960's to the 1990's. These studies produced a range of rates from 15.64 to 79.66. The three surveys completed for this study provide a more representative sample of the proposed facility than the ITE studies. The proposed dealership does not attract the number of trip ends that an average dealership does as surveyed by the ITE based in part by the product line marketed. The product line of this facility is marketed to and attracts fewer customers than a low to mid level product line that is affordable to a much larger market segment. The percentage of new trips generated by this particular use is actually higher than the county estimate and may be attributable based on the reasoning above. The product line attracts a customer that is shopping for a particular product and a dedicated trip is therefore warranted. It should be noted that several other BMW stores in Florida were considered to be included in this study. These BMW stores did not meet the study criteria for a variety of reasons including site layout, product line or dealership participation. The Fort Myers Jaguar / Audi store is therefore included in this report. This store was chosen after much discussion and authorization of county staff. The store size, location on US 41 and close proximity to the proposed facility were reasons this store was chosen. This previous survey meets the requirements of the study guidelines. Based on the alternative impact fee calculation sheet provided in Exhibit E the impact fee for proposed Riverchase BMW facility containing 37,732 sf should be $362,944.11. ,- Exhibit E Agenda Item No.1 DB January 25, 2005 Page 7 of 7 Collier County Transportation Impact Fee Worksheet Project: Germain BMW New 1 Used Auto Sales Fixed Criteria Lane Capacity Construction Cost Gas tax credit Intersate red. Factor 8685 trips per day $3,569,220 per lane mile $2,376 - based on trip ends calculated below. 13% Variable Criteria Trip Generation Rate Percent New Trips Average Trip Length 16.3 trip ends 11000 sf 85.4 % 5.3 miles - 0.48 local trip miles = 4.82 miles Compute Trip Ends Per Day per 1000 sf Trip genenration rate x size x percent new trips = Trip ends per day 16.3 1 0.854 13.9202 Trip Ends per day Compute Lane Miles Per Day (Trip ends IDay x Average Trip Length)/(Lane Capacity x 2) = Lane Miles per day 13.9202 4.82 17370 0.003862715 Lane Miles per day Compute Net Impact Fee per 1000 sf (Lane miles per day x Cost per lane mile x interstate reduction factor) - gas tax credit 0.003863 3569220 0.87 2376 $9,619 - Agenda Item No. 10C January 25, 2005 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to close the 2005 Growth Management Plan amendment cycle to private sector petitions in consideration of the EAR-based Amendments development and adoption process. OBJECTIVE: To have the Board approve the closure of the 2005 Growth Management Plan Amendment Cycle to private sector petitions and to consider only staff or Board-initiated amendments in the regular 2005 cycle. CONSIDERATION: Florida Statutes, Chapter 163.31 87(1)(a), and Rule 9J-11.0l1, Florida Administrative Code, allow amendments to Local Government Comprehensive Plans no more than two times during any calendar year, except in case of emergency. Also, pursuant to Chapter 163.3189(10), Florida Statutes, amendments to update a comprehensive plan based on the Evaluation and Appraisal Report (EAR) must be adopted within 18 months after the EAR is determined to be sufficient by the state land-planning agency without regard to the twice-per-year limitation. .-. The Florida Department of Community Affairs (DCA) determined that Collier County's EAR was sufficient on November 15, 2004. The EAR, which was adopted by the Board of County Commissioners (BCe) on July 27, 2004, establishes a framework for the County's proposed EAR-based amendments. DCA's Detennination of Sufficiency means that Collier County must adopt its EAR-based amendments within 18 months of the sufficiency determination or by May 2006 (a 6-month extension is available). A phasing schedule for the EAR-based amendments process is included as Attachment A to this Executive Summary. The amendment process committed to within the County's EAR will involve amendments to every Element and Sub-Element of the Collier County Growth Management Plan (GMP). While many of these amendments involve relatively minor corrections and updates to the various Goals, Objectives and Policies of the OMP, other amendments represent major (high impact) changes or revisions. Examples of the latter include: significant revisions to the Collier County Density Rating System, including consideration of limiting new density within the Coastal High Hazard Area; a re-evaluation of the County's Affordable Housing Programs; revisions to the County's Hurricane Evacuation procedures; the development of Watershed Management Plans and revised surface water management regulations for portions of Collier County; establishing provisions to allow neighborhood commercial uses, independent of existing commercial Districts or Sub-Districts; changes to development criteria within Mixed-Use Activity Centers; and, expansion of the jurisdiction of the Immokalee Area Master Plan. - Due to the magnitude and complexity of these EAR-based amendments and the resource intensive effort required to coordinate the entire process, staff believes that it would be procedurally and legislatively onerous for the County to process and review private sector amendments parallel to the EAR-based amendments. Closure of the private sector amendment Agenda Item NO.1 DC January 25, 2005 Page 2 of 5 cycJe during processing of EAR-based amendments is not a new concept Following ad()ption of the 1996 EAR, the subsequent private sector amendment cycle was closed. Also, it should be made clear that this recommendation only involves private sector amendments. If the County needed to initiate and process GMP amendments of an urgent nature during the 2005 cycle year, it could still do so. FISCAL IMPACT: On average, 4 - 6 petitions are submitted each year. Revenue to the County in the fonn of application fees, ranging from $66,800 - $100,200 (Plus advertising fees), will be lost as a resuh of not conducting the 2005 private amendment cycle. GROWTH MANAGEMENT IMP ACT: There is no statutory requirement to amend the GMP between EAR-based amendment cycles. However, Section 163.3187, Florida Statutes s1ates that amendments to a local government comprehensive plan "may be made not more than two times during any calendar year," at the option of the local government. LEGAL CONSIDERATIONS: Staff does not find that a landowner is entitled, either by Florida Statutes or County Ordinance, to have a petition to amend the GMP reviewed and considered by the Board of County Commissioners in every calendar year. . STAFF RECOMMENDATION: ..- That the Board of County Commissioners approve staff's request to not conduct a 2005 Growth Management Plan amendment cycle for private sector petitions. PREPARED BY: Glenn E. Heath, AICP, Principal Planner Comprehensive Planning Department Item Number Item Summary Meeting Date A¡;enda Item No.1 OC January 25, 2005 Pa¡;e 3 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10C Recommendation to close the 2005 Growth Management Plan amendment c.ycle to private sector petitions, in consideration of the EAR-based Amendrnents development and adoption process (Joseph K Schmitt, Administrator, Community Development and E.nvironmentai Services Division) 1/2.5/2005900:00 AM Prepared By 1/12/2005 7:55:54 AM Glenn Heath Communíty Development & Environmentat SefîiÎces Date Principal Planner Con)prehensive Phmning Date Approved By Sandra lea Community Development & Environmental Services El<ecutive Secretary Community Development & Environmental Services Admín, 1112/20052:19 PM Date Approved By Constance A. Johnson Community Development & Envìronmental Service!; Operdtions AnalY1!iit Community Oeveloþt11ent & Envìronll1ental Services Admin. 11'13/20058:21 AM Date Approved By Stun litsínger Community Development & Environmental Services Comprohl€!nsive Planning Director Comprehensive Planning 1/13/20059:57 AM Approved By Joseph K. Schmitt; Community Devl!!loprnent & Environmental Services Community Development & Environmental Services Admjnstrator Date Community Developm~nt & Environmental Services A.dmin. 1/13/200510:14 PM Date Approved By OMS Coordinator County Mana.ger's Offìce AdmìnLctrative Assistant Office of Management & Budget 1/14/200510:55 AM Date Approved By Mich.¡¡el Smykowski County Manager's Office Manugement & Budget Dirl!!ctor Office of Management & Budget 1/14/2005 4:01PM Date Approved By James V. Mudd Board of Coul,ty Commissioners County Manag~r County Manager's. Office- 1/18/2005 9:27 AM Agenda Item No.1 OC January 25,2005 Page 4 of 5 Attachment A Phasing Schedule For EAR-Based Amendment Process TIME PERIOD ACTION/ACTIVITY November 2004 DCA finds EAR sufficient January - June 2005 County staff development and drafting of amendments text and OOPs June - September 2005 Distribution of Draft EAR-based amendments and comment period September 2005 Joint BCC/CCPC Workshop on "High Impact" EAR-based amendments September 2005 - January 2006 County staff preparation of Staff Reports and Analyses for EAR-based amendments January 2006 EAC Transmittal Hearing for EAR-based amendments February 2006 CCPC Transmittal Hearing for EAR-based amendments March 2006 BCC Transmittal Hearing for EAR-based amendments March - June 2006 DCA review of EAR-based amendments and preparation of ORC Report June 2006 EAC Adoption Hearing for EAR-based amendments July 2006 CCPC Adoption Hearing for EAR-based amendments August - October 20061 Bec Adoption Hearing for EAR-based amendments August - December 20062 DCA Compliance Review of Adopted EAR-Based Amendments November - December 2006 Amendments become effective Agenda Item No. i0e January 25, 2005 Page 5 of 5 Footnotes: The County has 120 days, upon receipt of the DCA ORC Report, to adopt the proposed amendments. However, taking the fu11120 days would place adoption beyond the statutorily required 18-month time period from the Department's acceptance of the County's Evaluation & Appraisal Report. Thus, the County would need to request a 6-month time extension. 2 This, and the following, time frame are dependent upon whether the County takes the full 120 days to adopt the EAR-based amendments (see Footnote \ above). .- Agenda Item No. 100 January 25, 2005 Page 1 of 25 EXECUTIVE SUMMARY Recommendation for the approval of the second Conservation Collier Active Acquisition List and direction for staff to actively pursue projects recommended within the A Category OBJECTIVE: To obtain Collier County Board of County Commissioners (BCC) approval for the second Conservation Collier Active Acquisition List (AAL) and further, to obtain direction for staff to actively pursue projects in the A category of the AAL. CONSIDERATION: On December 3, 2002, the Board of County Commissioners approved Ordinance 2002-63, which implements the Conservation Collier Land Acquisition Program. Section 11 of the Ordinance provides for the Conservation Collier Land Acquisition Advisory Committee (CCLAAC) to recommend qualified acquisition proposals for the Active Acquisition List to the Board of County Commissioners for approval. On December 13, 2004, the CCLAAC selected qualified acquisition proposals for inclusion on the attached Active Acquisition List. - This list was separated into three (3) categories, A. B and C. The A category includes those properties the CCLAAC recommends staff to actively pursue. The A-category properties are also further prioritized to guide staff as to which properties should be worked on first. The B category includes those properties that the CCLAAC does not recommend active pursuit of during the current acquisition cycle, but will retain and automatically re-rank in the next acquisition cycle. The C-category properties are those that the CCLAAC does not recommend active pursuit of and will not automatically re-rank in the next cycle, but which the owner may resubmit for consideration in a subsequent cycle. The process for evaluation by the CCLAAC began with a staff preparation and presentation of property reports (Initial Criteria Screening Reports). Included in each report was a scoring matrix developed by staff, based on researched and observed data. The Advisory Committee then reviewed these reports and utilized the score as a tool along with public input and other intangible criteria related to their individual expertise, to evaluate and rank the properties. Property Summary Sheets are attached summarizing report data and explaining how scores were achieved for all first-cycle A-list properties approved but not yet acquired and for the second- cycle recommended A, Band C-list properties. Upon the BCC's approval of the AAL, staff will begin the process of acquiring the A-list properties. After confirming continued property owner willingness to sell, staff will order appraisals, title research, à.nd other due diligence items. The Conservation Collier ordinance requires contracts to be presented to both the CCLAAC and BCC for approval prior to purchase. .- FISCAL IMP ACT: The costs of the properties recommended to be added to the proposed A- category list are estimated at approximately $7,987,000 assuming the $4,700,000 property estimate for the entire Winchester Head Project is included in the list. Winchester Head is being proposed as a multi-parcel project and is estimated to cost approximately $4,700,000 to acquire fully, if done so over the next 5 years. (Winchester Head properties currently offered by owners are estimated at $199,750. Unless directed otherwise by the BCC, County staff will pursue all ",,,,",,,~,,,,,,,,,,,,,,,,,,,,-,,,,,",,,,,," Agenda Item No.1 00 January 25, 2005 Page 2 of 25 willing seller applications from property owners within the Winchester Head; this would be similar to the processing of applications in the existing multi-parcel project, North Golden Gate Estates Unit 53.) These costs are staff estimates with the actual costs to be established by formal appraisals. Each contract will be brought back to the BCC when completed. Budget Amendments for each property acquisition will be identified at the time ofBCC approval of each property. Approval of the attached AAL and direction to actively pursue the Cycle 2 recommended A- category projects will require the Conservation Collier program to expend funds for various acquisition costs including appraisals, title commitments, potential phase I environmental audits and upland/wetland surveys, and interoffice billing for Real Estate Services staff time. The total cost for these activities is estimated at $239,350. The adopted FY05 Budget provides sufficient funds to accommodate these expected costs. The BCC has previously approved a total of approximately $36,630,700 worth of land purchases as Cycle 1 Approved Properties. (This includes several parcels that either do not have approved contracts yet or which still have not passed the appraisal stage for one or another reason and also includes the multi-parcel NGGE Unit 53 Project costs estimated over 5 years). The addition of the $7,987,000 for the Cycle 2 properties being recommended for the BCC's current action will result in a total cumulative authorization of approximately $44,617,700 in property value. c_ Funds have already been allocated for the Cycle 1 approved properties, including the December 14, 2004 authorization of a $34,820,000 bond issue. The bond issuance and current reserves of $15.8M+/- within the Conservation Collier Program Budget are sufficient to purchase the recommended A-category Cycle 2 properties. GROWTH MANAGEMENT IMPACT: Fee-simple acquisition of conservation lands is consistent with and supports Policy 1.3.l(e) in the Conservation and Coastal Management Element of the Collier County Growth Management Plan. LEGAL CONSIDERATIONS: The Conservation Collier Ordinance (2002-63), in section 11, provides a legal framework for development of the Active Acquisition List. Recommendation of an Active Acquisition List by the Conservation Collier Land Acquisition Advisory Committee for Board approval falls within this legal framework. RECOMMENDATION: That the Board of County Commissioners approve the attached Active Acquisition List and direct staff to actively pursue acquisition of those properties listed within the A-category. PREP ARED BY: Alexandra J. Sulecki, Coordinator, Conservation Collier Program c_c 2 - 0 L() L() OON .,-0_ ,0.1 0 o -("') Z~Q) E>.OJ Q)'-ro ......roD- -::¡ roC 'Oro c-' Q) OJ <:( ti ~ ~J"f < "II; tI' ¡ C............ - -... M - Ef!ð~ z 1... j :: Co .:I ....... '0: "'I: "'I: < < "'I: < < :..;;¡ - ...... II: u: 1 I. §:~ :¡ ~ ~I~ a ¡; ! .. i:J- ..;- ..;- ..... ~ .,¡ cl' '" ';:t::~~~..::~~ :It ~ :F··...... ..... ..... fIJ :i 1:1 :8 .- fIJ os 8" -< CI.I ~ ~ ~ "1:1 CI.I fI.I Q g. 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II: > >i. 0( g............ ¡ f [; ~ .., " r- '''''. ~ 0\ ~~~.·N.ì~~~::;:~M~ ": ... .. I ~ : .... "- " 0 ..... "" - ..... ..... ......... '" ..... "" i~ .......... "-................¡;..: IØ It') ....... 0\'" GO ~ ~¡i..jhl ¡¡ f/' ê ~).i,.~ ~ ~:!':!'~ 8."" r···. "" '^ It') C> U oIi:I :>:;:': ~ ~ ""'" .- .- ~ f"oCl te';.· .."" <q' f'I"'¡ I.t'\ ~ :I / > CIl .. J. = ~ .. a . ..B ........!"I GO ..... 10 0- - :s u.... *'" '" r- It') -. I/) \D =iCll i j r:=.... r- ~ ~ ~ 00-=: - ~ J: 1........,_........ ..: ~ '" .... <"I ~ ..... ... IØ Q - <"I It') ... ..9 ~ K ~ ... \C ""Ct 'IIQj V Y"'I ,: r;..; V'¡ f' V'I tf'¡ t't II"¡, M an '¢ N N ~ N V"'I ~ N ~~ .. . ..-..-..-....-.- -...'t § ... "- "! "".... ::;¡ I '" q 'r'M ¡V; ,.:: ;;.. "': ............... .. "M;.,.; ,.:..- It') '^ "" Ïr] ¡:.:; ;,. ~ .,.. ö oc¡ "" .g! ... ~. 0 to... ~ DO \Co - !;~I\D r--: 'OCt ... i"'"'; ~ ~ - N r-: v: <r4' MOl - ¡;;; ~ ¡¡I. ...; ...; GO ...; - 'It", ~ ... - ~ '<I' GO GO .... 0\ .... ~ "r. <"I'd - III ... . - 'X" T ; ·"CIOCCQO "'.... GO ,i ~!UH ¡ ! .., èš 1! o ø.. IL t I~ ; ~ i r.:. "Gi .... 0 ~ . ·§1,¡¡~~g¡ .8~I@.§ï; ~ It')""g!õi!Si<g ~S.....è5~"). =~~~~~ ~M""_ ... ... IXJIXJIXJIXJIXJIXJ~ ~~~~~2::~ f8~56~~$~ ~~~~~~~ t"--V\Ot"--t.nN0 II")\DV\....N'¢¡:-... 15 :! ,~ 5 ,~ 5 0-e'0 '13,e'O-e ~;;¡iili:JlS;;¡ ì:! øoo ø j oS li J ! O\e ... , .s "'I ~ Š j 1 ~I'¡ '~ ~I~ ~ 1 III I! :)f! ~ ! oC ~ J i .s:r i 1 ~ ~ . Agenda Item No.1 OD January 25, 2005 Page 4 of 25 Location of A-category Properties Conservation Collier 2004 Category A Properties Co!'l&e,"",ation Managed La"\d5 Legend Rur.a¡ L¡'1ds ~w;¡¡rds¡jp ÇateQolyA :~t.s.2f1dCyc:1e .....-_....~..._,..._............_....... Lee County NGGE Unit 53 ' - 1.75 ~O¿~ I I r o 125 25 I 5 Miles ~'~ . ~>, I ~ Ú f ~ 1) .- i ;;::..' '.' .. ",'.-:tl- .H· .,,', ;"t.':"k '-il ~')f-" ,.;> \ '~-It> :~~~;~~;'r) ··f, ;:".:~";;'":,:,",,,;,"t.;.';.'::.~~,...... "m'_~-'_ ......._............. ,,<,-_._..._-~.. ~¡:;¡¡!'.~~r _~-:í!':f~^l)! 4 ~- Agenda Item No.1 00 January 25, 2005 Page 5 of 25 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10D This item to be heard at 11 :00 a.m Recommendation for the approval of the second Conservation Collier Active Acquisition List and direction for staff to actively pursue projects recommended within the A Category (Joseph K. Schmitt, Administrator, Community Development and Environmental Services Division) Item Number Item Summary Prepared By 1/25/2005900:00 AM Date Meeting Date Alexandra J. Sulecki Community Development & Environmental Services Senior Environmental Specialist 1/10120055:01:46 PM Approved By Environmental Services William D. Lorenz, Jr., P.E. Community Development & Environmental Services Environmental Services Director Date Approved By Environmental Services 1/11/20054:48 PM Constance A. Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date Approved By 1112120058:32 AM Sandra Lea Community Development & Environmental Services Executive Secretary Community Development & Environmental Services Admin. Date 1/12120059:17 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 1/12/20059:17 PM Approved By OMB Coordinator County Manager's Office Administrative Assistant Date Approved By Office of Management & Budget 1113/20059:10 AM Michael Smykowski County Manager's Office Management & Budget Director Date Office of Management & Budget 1/14/2005 2:43 PM Approved By James V. 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"S~:I~ c:r<== "'-;«1== ª .¡;t '¡ .~ M QI;'ëj 1ij r---.s~_ - 8 ~ ÒÌ¡~..ëiI = 'C . C> (j rI'1 1'1 'II I j Ii ! ef .. :I '¡ - .¿'~ .3 ~ «I B ~~ .~ ~ ~ CIIS u.... _ þ¡¡ C> C> ; = -; ~.~ ".Ø U 1ij 5 .~- e . -= QI;; ~.... -!", ~ ~ - ~ :;;;¡s.. .!:"CI ,Q:.-, '"'== :~ ;:::-" È CIIS ..¡g~c>~ ~~~==~ ,Q >.... s= ="ll~1'¡ =-.s.... :I I isË-=1'¡ u u ~ . i~ :8i=i ~E==";-= CIIS~"':-=CIIS... c>,S!;!ie z~=~~~ = .. ~ ...,., "=' ~~!.~~~ :I~"""C>"'" -;='2~~5 ~;;'~=¡;;¡~e! è=s..~~E~ ~ æ ; GO ~ ~ CIS ~:I=æCIIS1;; æ.=;;.~~se! .. . ~ ~ ~ == ef t ~ .. ~ - =- -= ; ~ "" "" :I C> Y := fe = e :I ,Q ~ I ~ Gr .. - :I C> Y ~ == C>I'¡ ""r-- :I I ,Q.... ... -= ~ == I «I ~~ .... ~ ~ a ;; =- =-.s ëiI GO == t C>-= 'Q-; f:; ~ == "" GO :I:5! - .. J:~ "Clef = t ~ ~ -= ~ ~=- .. ~ u .!= ~ oS..;¡ ~ f: .. ...:a II!) "" .. ~CIIS= ;¡~ "CI.... I =""~ .! 1 .... Þ.CI §--d ==-=: .- ~ "CI ;. == = ~ C> ='C- = I: Q ",,::;¡ = ; I :E rI'1Z~ -- to GIS e e ::I rJ'.) t' ~ ê =- Joo ~ ... - - ø U = ø 0::: GIS .. Joo ~ WJ = ø U ti tz 1::1 QC ~ ~ ,.... ~ OJ) GIS f u ~ ~ ~ ~ .s -; ! Q;; ~ ~ æ ~ ~ ¡ ~ ¡ ~ r~ !i'.I ...., ~ ~ § r.: Q" ~ 1 ~ .~ ~ ~ .1::1 ~ ..::: II: ~ ::::t t ~ ~- '& I S -è> t § t .... .!;> c ~ ~ e. ;= ~ ~ ~ o ",,'" ~§~ ~ .c ",,'" "~~ ~ .. ~ Q: GIS ::I ~-= "S Joo .'" ~~> "5="i.: ~... ø ~ - .. :.c: Joo .. ~ ell ~~~ S'S_ ell Joo w z=-~ _....eII ~ ~ e ~ ff:ø ell GIS WJ =-E-;r;ri¡ '! . .1\ õ .. .::1 .. - III . .. 'C .:~ õ . u= c: · D c: - '" Ëi .. II c: ~ t..... ØoI "CI ,I:'""" .!3. c ..,,¡ ~ ~ ....Q"CI.... III ØoI GII :ø 'S; sa ~ = ~~ "ts:; s i g .~ -!. ~ ; g ~ ...... i5'-= -= ~ i;' ¡¡¡; ~OII ~ · :.. = ØoI -= = c Joo ~ . = OII~ ~ 'tJt ØoI ¡¡¡ C'j= ::S5:=; f = s !g J:a ~ - 011 :J Þ ~~ ~~ C'j ~ C'j ~ ~c = s 'j!..... == ¡a :s .. ! ... ¡:- - ::I ::I ~.. ~=- ",,-::S i =- ï:~.."::S -= ~~~~ ~"CI.W=Joo ~. .c.c =c~~~ØoI oe Q=Joo~ a .!!;o.c..."g~ =..... cQg!.. =-ëSC'jU§~ ~~ "~=GII ~ ....~..~~Q e~ ;~'i'5.!! e-¡:;š~~-¡f!! J: !!~~f: ~¡a~e~~ -c ~fC'jt = C'j UQQ~=-~ QC'j CQQ"",. CC QJoo ...... =-C'j-~ ~ ~;8.cØol=~ ....c c..........~= - C'j~Q"" ~e ic.....:¡¡::I ~~_.....~'iC ;~ ~~!~s ~ ~a§I!!1 CØol~ ~1~~~ ~ :r~~;~= I~g it:1!!~a ~ ~¡~~~ei T~ ~ "CI....-c~ ..... -=;o.~c!!C w=.. ~~~f- ! it:=c~~!!~ =cg! ~Q=-""= -a ~..~ ~ :g ;o...GII .. = r/; ~·r S ëÍ rc a ~ ::s =-- - ~ = c -= ~u -..... ~ =::s Q = a Q 8 ~_N~"CI'iu~~ ;;o..:JJC'j~a~-= .... ~..:'·C;¡ t~ C'j::s !.~~¡¡¡"'''CI Q~;! Q .~ 'Š u c ~ ~ ~ =ê =-~ ~ 011 ;¡ g u ~ ; teQOII=.c~u~ GII~ C¡¡¡~.= ~Qii~¡~~!~I:r;¡~~tl C'j~-c~it:~~ GIIgØol~ØoIQ~Q;o. ~~ t t"CI..... GII.~;,;:¡J =-~=.~:2 fA¡~ =-~ ~ vr ~ ~ ~.ØoI ~ 8. aJ it: ..:a ..6 g t -! Is ~ Q J~=3'igæ~ãiils!g~:J;,;~::a~ ....~Q-_-C'j"CI>~=C'j "CI§QJooØol .... ~~~""'GIIC~UC"~~= =.. ø ~-::s""-~- ....-- . ~CII- -=1s....~~;¡1=~fir8·§-~=f~ .... Q .... ~ - ..::s c - Q . - 011." ØoI ;1~Q~:g~i!g~~=~8.~~= .....it:.,,~-ØoI"CI c ~~w"1Qãiil= ]"CI~:!~~!~¡e~r~;1~~S GII ;¡ .... 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B rJ'.:I =; ÞI) =11) et';" =- .='C ... 1:1 E-4 l1li I'" :> 1:1 ~ ë .~ =- ¡~ = t CIoI'C ~~ I:I~ = ... ... !3 ! - .... !3 E-4.:c I l1li fJ'}¡';¡ CIoI .~ ... ~:a «I ... CI.= .~ g I 'Q~ CIoI .~ .....¿ ~~ = 1:1 .... = .. a -oW ~"Ø~ ~ = .51 ... «I ~ "C ...... I:ICIoI¡.o;¡ =.\III~ _IIII~ ÞI)¡.o;¡ ~ = CIoI =a:a~ = ... = == í e~... ... I = ='..... = ~fL<CIoI . . . t' CIS S S = v:J. t- QI Q, ø '" =- '" QI ... - - ø U = ø ~ = t QI fI.:I = ø U ~ II: .s - ~ ~ ~ I ~ (d QI '" -( = .S! - CJ .s e =- - QI bÐ '" CIS Eo- ~ ~ ~ ~ In c:r\ .. QI bÐ == ~= CJ= <-.:f QC ~ QI = - CIS ~;;> .s~ t:Q~ .. = QI::g S"O CIS QI ~~ ~] CIS <Ø.I =-¡:;¡¡ Go œ ::E ¡; o¡: 11/ III: III 11/ .. U III 1:1 ... II .II: III iii .. 11/ = Õ CJ c i II III C B . Ê r.: "S a,¡ ÞI! a,¡i:'C '" :ë= ~ ~.!~ J ~g -! Cj 1:1== ~ =:c a,¡ ~a,¡"" :c a,¡Cj ~ ..,t,s ~ .o§ = =~.;;;¡ .s:;: "'" :;"'; u ~I:) ~ 1Z'c5 == = a,¡ .J: !l:a,¡,,:: "Q a,¡ÞI! ~ Q....::I Q."S i E",Q. Q.o e-- ÞI! :a~.a r.: ~~!CI -< ...... 01 ....GI =- ~ ~:§t·.... - "S =¡'C ::I Q.= .~ :ä 'C ~ i § ~ N ....æ ÞI! 01 'C æ ai I:).~= ~-Q. a,¡ =-; "" =_ :a :ë~5 ::I of ~ a,¡ :a Š ~.B "" "'od.e .... -=:= Cj ~ E = 1: :Š'~ -2 E! GI::: 01 = ÞI! ð ;i:: .~ þ~ GI"'~ f 5 Q.~=:g ~ t ~ a,¡ ~ "'... = a,¡ -'C~T GI"'='C e!·...0...1t) 1:i=C"" "C .;;;1 .. I:) ,... "Q a,¡ 'C ~ 4j 'g~!i'~ '¡:~g~ t§ 3==·..:.. =8Þ1!- = ...·¡¡¡¡'=1Z8 oc¡;;¡ ~.;; a,¡ ~ ~.a,¡ E'" U ';; fÐ 5 :g .",,·$e= ..f:æ'C r ,.:.cuQ."Qa,¡ "'a,¡ >- o~è'-'= ~_..... 'C ==:;:;'5 -¡;¡.e~.s .e E!! ='¡:¡'c ~-¡ =.a _ ::.$ C'~:; ¡:¡:g.a = I: OIoCa,¡...·¡:¡ ¡",a,¡0_ f - .... .~ -= a,¡ ::I "= Q. ÞI! ÞI! "'os;;¡ Q. 0-== 5_....!IrI:J ...Q.O:!:l t ::I'" Q. ~'C;V I: 'C =-"Cu ·...a = ã .t: a,¡ :! U!CI¡",="" ,CI= ¡,; '5 It) :s ~ ~ 1:1 a .u .s e ÞI! Q. - ~0I=~~~:a!CIS50 îÞ~::¡;=N¡;¡;,..,.....5=:rI:J';Jz ~..... . .. . æ ,,; = . ..!I'g Q.f 'C u a= .~ð ~ -'CQ. :; ~ E = .. = 0I'C.t: èl:a,¡ .." 01 - ¡:; ~ :S is ~ .~ Eëa'C -a,¡ 8!:= ¡;... - 1:1 U = =~~... ~E =¡;=s ~f. 'S..a,¡: ='-'''S 'S~B~ a,¡"S... a,¡,CI~~ ~1Ë £:~g~ Cj=f a,¡Q._a,¡ :Ca,¡GI = - e! = ÞI!"Q °.t-f!5 ~ã,;; -ã'= å:! ~ ~,CI::I ==""g- ~~E "'='1= o'~= -;;'COIJ!! -:-aš t8"Qa,¡ :=-åQ. ~ :oè i ~ .....= -... =.;;¡ ÕÐ,CI:= J=.!!!'" :æa,¡i .....c......... E ,,:i Þl!oS;§ "S 0 E ~ 5 ... '::1 !:::: }a C:::,CI:!,CI --- f ,,:.¡¡¡¡.s ;j ~:!æ ~Ef-¡; 1~~ 8==~ =~~ .."SQ.5 Q.CQ~ t...~= ~"S'C =~j¡lQ.o:::¡"'C-Š =~a,¡r--I.s 1'iI= ~.... ¡",1t)1t)_OCII: ÞI! .... I Q.....,.:=IoC"'e· ø r-- a,¡ ~ è'~ - E·Q. : -N~-:::! ~~= = e!:; =_ OI¡¡;;¡-a,¡...s;;¡ = 5'S~,CI = E'C,;·a t"-o·t~ãE,s~-a~: ~-a::E.e;¡rË~ Cj I:) ::I := a,¡ "'" 0 a,¡ "" ~¡;';¡==~-¡;¡~-¡,.Q¡" .~ . ø CJ v:J. Q;' E 01 'f ¡;.;¡ Q;' E = .. I rI:J . . ;.r f u = It) "" GI Q. .... è ... ... = a,¡ 'C ~ S :,j. G,, "" ;.s "0= = .~ =ÞI! - = ~~ ... :c "0= ;:Š~ = :; ¡¡¡ ... "" 'f ~~~ . - t' CIS e e :I fJ'. to ~ g. ~ =- ~ ~ := - o U = o ~ e ~ rI!I = o U Go " ::E 'i '!: :l I:i o J:! Ë " :c .. .= õ u I:i i . " I:i . (.) ~ 'f ;.;) '; .!:i! ~ ~ ~ .1: c; ~ ..... ~ ~ ·e ri -=: ~ .! ~ 1 ~ ~ = ~ .< g ~ ~ ~ .... o ~ =- ..... ~ ~ ~ ~ ~ I: I ~ ~ ~ ~ ~ ~ ~ Q; I: :I .a 'iI ~ ;> is ~;~ ~t:i~ .. ~ CIS ~ ~'cæ~ I: {i~i~ z ~~ ~ Q3øs ~ ~ e ~.I :<rZtj ¿ "S = ~ ,C J '0 ~Ie'" == ¡ = :"i;' ~.~ = -. ~ ,C ~t= ! tJ '=w.o'C ....¡:II:. Ë-. 'Q .... ~ ~ e ~ i- s .51== 1:.=- ~ .S 'C:a _ 'C.... 'iI .. ,C 4) :;I .... = iš I:. ~ ; :;~-Q ~~'ÿ .¡ l1li ~'C= ~...= ç,:, tJ tJ .! = E I:.·c ~ =w.o.= ~=- ~ -a ~:.="" i,C. .- bÐ ~=c.f fI!....~ 4i-' [;.~ =~ ~iš~ "'ÿ .... ~ ~GG:; ~es <~ t ¡ ':·~i =~~ lã = 'ë:i_~!.'c 8.; bÐ -. e = ::5'~w.oa i;~ Us t ~e'C ;:.... ¡a I.... ~ g..ll!.!!~;'Ë ~ 'g-Q =:J' -;==I:.~ IIII~= =:.= tI.:I ='coc¡= ¡a-+¡':a "''0 '0 ~t'=....t ....bÐ 'iiI= ... ==.:!~ eËji:flllll 'å"'~ ~ª ~~ =~ 1 ,I:; . ¡¡;" C á:I Q;í 0= .... (ft c:: _... ~ fI.)~....~ = =~= ....= '0 .¡:: ~ ........ ... = Ie ~ = .= ~= _l1li.= ....... :a '0 .! -; 1:.::: = ~ tJ c.I ë "CI !tì ~=·C=arw.oC"l "Sstl.:lfl!4í¡: ,CIIIIU:a.sgt :e~t'K~~ .¿'~ bÐ.... =- w.o = b.g S ¡;'··I:.:=e ='7.~'~-8~ ~ g.= iš š.,e. .....u~....=I"'I- UbÐe ="'"' oIo ~=-~Ie ....~'iI.::~ t:1"'=c.I== ..-=-=>.."Q S2 = ~ -g .s ~ '5 ~ .r¡ ~ ~ ~- .51 t:" ¡:¡¡ - l1li 1:; ell 'C = ¡a = l1li ¡;;;;¡ w.o <i~C~~c ~¡~~~~ '=<!ii,.·Q t~i~'Ci i;~:'.:5 ~~ a 1:.1cS iþ,¡ ~ ~ ~ ~- ~:;¡. ~ .æ ~ g rI :; "CIE=.,I:.="CI ~:e=~t= a;¡1:.=c.I ~4). "'....-tJ= ....,SM ~ ~... e;~ tš ~.!! ell = i]¡~ §~ji~~ið i~j i· .. .... = ÞiJ .~ = e c.I :a .~ ~ ø. 'i ¡ .... - -g . ~ ~ = t: .... = 8 i . = 1,B 51 .s .~ . .:5 E .= "Ct .... ~= = = = ... = . ~'C =~ eIIe tt": "S.=. .... =~'ÿ e=s 'C .=...=....= .c· = Jfr2....f''i~ ~w.o'C ell .~ ~~= ~ 'C'C~=~ ;'!:" :.= =~=_WJI Q.)erJ :a ~.~5.s ]s:Q :~ ~:a8.e-= .".¡ ~ I:. .. = ........ ~'J :~: '0 ~!;išClt ·...·s= ¡; ·...-e=-; ::: =:J'.!! w.o"': f1 I:. CIte = .=l1li1:. c=...:;,s = bÐ-"CI tJJr2 c.I ~ ~~ = .!!! 4í ~ (.) .... 'C .!! - = ~~;ã w.o==..."Ct,C GG¡~= 15'å·~i:J ~w.o þ,....l:.it!~i ¡¡,So siše~~t¡Q -. ~ ~ d ~ ~ ~ = ~ ~ = ;'''S1~ =- - (ft'" ~ ,C ",:a'Ø ~'Ø ell = ¡¡:"S ;i·c....:;! tE!;:~ ø ~ ,C...."CI~=...-ø -,C a = i.¡; ~ !~'c1S: sSS,C.==iCe;;'" ~ ~ ~ !; :aþ, ~~ ~ ~ "Ct 8 (.)~ _;a_~~= -ã1lll'C....=~W'O...~...S i'bÐ:~ ;'!!1 I:.ø t iš.5I !; ~ . -; .=..-=: ~ ¡ S~1,C4I=~=~'=ø ; Qæj~~~.= w.oæ... =~i~~';¡5..tS..~ ¡1Ö~::E~ifì~]~~ '; C"I ~~ [; "ª ... ~ ....f'.~ ~ J .... = l1li ~ ¡;;;;¡·IIII ~ 1ft =1. §:¡:::> þ'ÿ"CI e... o 'Q =:e Ie = ¡ ft i r.a! ~~;~t~!Jeec=-Q M...¡s...W'O=....;a Ie.·- biI~ þ,!¡i == 8.:> B ~~.;. = .- ~ . .. . 5 fJ'. -. "I S .... .= ~ I 8 IS o t ell = =:J' fI.) ! r2 = ell fI.) I i¡;1 ,:¡ J ~ i ~ e ~ ~ ~ i 1 .= fI.) 'C ¡; -. ''¡: ! '0 ! 1 ~ ;¡ :; I:. ~ S = .= ~ := "'c w.I = ~~ ::I I 'gfl.) CIS .~ -;":3 = .... .- = "C ~ =:S! :I Ie e~ ~ I J5z t> = 5 5 ::I VJ t' CI.I ø. e ø.. ~ CI.I ... = o U = o ~ = t CI.I ~ = o U ~ ~ ~ \is K IioI9 .. CI.I .æ = > ~~ ~ 1::1 ~~ ~ ~ "CI:::::: CI.I ~ 1i:i~ 50s := ... ~~ I ts ~ ~~ 1::1 II:: II)~ ~~ = II:: CI.I .¡: b~ <1; -.;; :s ==: ~ ~ ~ ... E< ~ g ~:= CJ CI.I CI.I 51$ = ~ z=-- - .... ~ ~ ~ = ø..~ a. III :¡ c .! .. III I) C ..l >- 1:: · !II. o .. a. 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Age"oa iWIll NO.1 OE January 25, 2005 Page 1 of 9 ......-" EXECUTIVE SUMMARY Staff update and recommendation to the Board of County Commissioners (BCC) in response to the Public Petition presented at the December 14, 2004, BCC meeting by Mr. Robert France regarding an existing code violation and a potential solution involving a lot line adjustment and parcel exchange at 3681 4th Avenue NE. This item was continued from the January 11, 2005, BCC meeting. OBJECTIVE: To provide the BCC with a staff update and a recommendation for a possible solution involving a parcel exchange and lot line adjustment that would be responsive to the Public Petition of Mr. Robert France while still maintaining Collier County's ability to utilize its land for the intended public purpose of a potable water source. CONSIDERATIONS: Collier County (County) owns a 200-foot by 200-foot parcel of land containing approximately 1 acre located on the northeast comer of Tract 140 of Unit 77 of Golden Gate Estates. This parcel is one of several parcels evenly spaced along the Falea Union Canal that were purchased in the 1970's as future public water supply well sites to serve the customers of the Collier County Public Utilities Division. Mr. Robert G. France is the owner ofa 4.69-acre parcel of land contiguous with the County parcel to the North and to the East. See Location Map attached as Attachment A. .,- On February 6,2004, Robert G. France appeared before .the County's Code Enforcement Board, and was found in violation of having a building partially built on land owned by the County, and was ordered to abate the violation. Construction of the trespassing 2,400 square foot metal building was permitted by the County on April 25, 2001, under Building Permit #20010400278. At the December 14, 2004 meeting of the BCC, Mr. Robert France brought a public petition requesting that the BCC consider a proposal to exchange property between himself and the County in order to abate the violation. Staff was directed to investigate the facts and circumstances and detennine whether a solution could be found that would be responsive to Mr. France's petition without diminishing the County's ability to fully utilize its land, and to report back to the BCC. County staff from Real Estate Services, Public Utilities Division and its wellfield engineering consultants, Camp, Dresser & McKee, Inc. (CDM), and the County Attorney's Office, have extensively investigated the situation. It has been determined that the County parcel is not surplus property, but will be required in the future for the development of a dual-zone Hawthorn aquifer well site containing at least two public water supply wells to provide raw water for processing at the planned North East Regional Water Treatment Plant and/or the existing North County Regional Water Treatment Plant. In developing such a well site, it is essential that sufficient land be available to permit construction and maintenance of utility infrastructure and to provide sufficient buffering and isolation distances to protect the public water supply. Following extensive research and consideration of various alternatives, Staff has detennined that the most feasible solution to abate Mr. France's code violation and preserve the County's ability - ....-..-..-...---- "..,~,'.,....".d,""-,",·"...___··,, ~ "d i(,,)m 1\0 . v_ January 25, 2005 Page 2 of 9 EXECUTIVE SUMMARY Robert France Petition Page 2 to fully utilize its well site would be to adjust the lot lines of the respective parcels as shown on the attached "Potential Alternative," (Attachment B). The County's parcel would be adjusted to the area highlighted with diagonal lines and Mr. France's parcel would be adjusted to the remaining area. In addition, to make the well site viable, a County utility and access easement in the area shown by cross-hatching on the attachment would be required. COM, Public Utilities Division's wellfield consultant, has detennined that the proposed lot line adjustment, when coupled with the utility pipeline and access easement, would be acceptable. A copy of COM's determination, which includes the proposed potential alternative lot line reconfiguration and easement area required, is attached as Attachment C. The Collier County Attorney's Office has held numerous conversations with Mr. France's attorney and there are no major objections to the County's proposed solution. ,,-"'- FISCAL IMPACT: At the December 14, 2004 meeting, Mr. France's attorney stated that Mr. France would be willing to bear any costs and expenses incurred relating to a potential solution. However, it is possible that the County may incur some independent and unrelated, but limited costs and expenses as well in order to fully implement the recommended solution. No definitive estimate of costs and expenses can be made, however, until all of the terms of a Settlement Agreement have been negotiated between the County and Mr. France. The projected costs would pertain to: 1) application fee for a lot line adjustment and for any advertising costs for a parcel exchange between Mr. France and the County, 2) necessary survey work and legal descriptions, 3) drafting and recording conveyance instruments, and any other costs entailed in abating the pending code violation (e.g., costs of prosecution). Code Enforcement has the ability to make recommendations to the Code Enforcement Board to waive fines that have been incurred as a result of the Code violation. There are outstanding operational costs in the amount of $815.24 that would not be waived by the Code Enforcement Board. GROWTH MANAGEMENT IMP ACT: There is no impact on growth management related to this item. RECOMMENDATION: If the proposed solution is acceptable to the BCC, that the BCe direct staff and the County Attorney's Office to enter into negotiations with Mr. France and his attorneys to arrive at a mutually acceptable Settlement Agreement that would incOIporate the proposed solution and any other related tenns to ensure the County would have beneficial use-of its land; and that the final Settlement Agreement would then be presented to the BCC at a later date for its ratification. PREPARED BY: Hans Russell, Senior Property Acquisition Specialist Real Estate ServiceslFacilities Management Department .-- '1..; Agenda Itom NO.1 C::: Januarv 25. 20C5 ~:-.:",'Jc 3 0"1 9 .- COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date 10E This item was continued from the January 11. 2005 BCe meeting Staff update and recommendation to the Board of County Commissioners (BCe) in response to the Public Petition presented at the December 14. 2004, BCe meeting by Mr Robert France regarding an eXisting code violation and a potential solution involving a lot line adjustment and parcel excllange at 3681 4th Avenue NE. (Jim Delony. Administrator, Public Utilities) 1/25/2005900:00 AM Item Number Item Summary Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 1/11/2005 12:45 PM Approved By Toni A. Matt Real Property Supervisor Date Administrative Services Facilities Management 1/11/200512:47 PM Approved By Charles E. Carrington, Jr.. SRIWA Real Estate Services Manager Date Administrative Services Facilities Management 1/11/2005 12:51 PM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 1/11/20051:03 PM Approved By Patrick G. White Assistant County Attorney Date County Attorney County Attorney Office 1/11/20052:57 PM Approved By Roy B. Anderson, P.E. Public Utilities Engineering Director Date Public Utilities Public Utilities Engineering 1/12/200510:26 AM Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 1/12/200511:01 AM Approved By OMS Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1/13/20059:18 AM Approved By Randy Greenwald Management/Budget Analyst Date County Manager's Office Office of Management & Budget 1/141200611 :00 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1/14/200611 :33 AM Approved By James V. Mudd County Manager Date Agenda Item No, í DE Januarv 25, 2005 Page 4 of 9 Board of County Comrnissioners County Manager's Office 1119120054:14 PM Attachment "A" ",ger.i.1ltc, ,Jo. ·;C:: January 25, 2005 Page 5 of 9 LOCATION MAP _.~.- ~01 ~~T\ ~ L.. À L.1e RN A-l\\\Ë. Attachment B Agenda Item NO.1 OE January 25, 2005 Page 6 of 9 J 1 ~ \~ ~ 2öd I 1 /j' /., . // - ~ // ~ /. .., ../ ,,' ,I'. , ;e2;f;;/!; ~',?0 L¿¿-~~-!'~i~7~~, . -0 :0' ~./'ß11 Jø ~ _1¿",7'~/~, 1~ ~~, -- / -OQl-::-< / 6,/ ~ ~ I '\-C/ )~, . .'\Î 80 0T \ L \\"\) ~ ~"'?7",J(~ " r;~ â~~-fufNT - =C)\J'7~ ·>'~'!~;I.::t:\...\C.LlJDE.~ I:, ;~ ;/'~> V-~INA4E I '/.!~.{'<> t:.A7E~E:NT /-'\- .'</¡ I . -', ':;E "" >- " I 1, i~ .1~~~~· , ¡::z.'" . \./.~" .y I . 'X: i c{' '" % / ,0. 'x<' I 'Ä"/(~ ,.1"'\" ),. \,- \ - . ~ ~\ J-"\'i >:::., N. "::... I t I = '21:x:} ,. . ~ 1'-.., . ~)~>; _:d ¡~,:;: ; v_ CDM Attachment C January 25, 2005 Page 7 of 9 9311 College Parkway. Suite \ ~ort .Vlyers. Florida 33919 tel: 23943]·9494 fax: 239432·9453 December 30,2004 ... .J Ms. Toni Mott Collier County 3301 E. Tamiami Trail, Bldg. H Naples, FL 34112 T Subject: France Property - Well Sites and Pipeline Easement Dear Ms. Mott: L We have reviewed the survey and aerial photo of the County parcel next to the France property on 4th Avenue North East. We have also reviewed the proposed size and shape change of the County parcel to accommodate the encroachment (building construction) of the adjacent property owners. The size of the adjusted County parcel would be adequate for the construction of at least two public supply wells. The proposed wells would likely tap the Hawthorn Zone I and Lower Hawthorn aquifers. TI1e construction of Lower Tamiami aquifer (shallow) wells in this area is not feasible due to the presence of the City of Naples East Golden Gate Wellfield that taps this source. The size of the adjusted parcel is likely adequate for the construction of a third public supply well. This wen could be used as a back-up supply well tapping either of the deeper aquifers noted above. The above is based on a well site area of approximately 30 feet x 50 feet to accommodate the wellhead and associated piping for each well. A distance of over 200 fed can be maintained between the proposed wells and the existing home septic tank. A restriction on the storage of hazardous chemicals in the steel building on the France property should be included with any property adjustment agreement as the proposed well sites are located approximately 100 feet from the structure. There is a existing 36-inch diameter raw water transmission main owned by the City of Naples that runs parallel to the canal on the east side of the County parcel. This line will need to be located and a pipeline easement established for a raw water main to direct water from the proposed wells to a water treatment facility. A trench approximately 6 feet wide would need to be excavated in order to install the proposed raw water main. A set back of 10 feet from the existing 36-inch diameter main should be maintained to protect the existing line during construction. In addition, a corridor approximately 10 feet wide should be available for truck access to the proposed line. Therefore, a minimum pipeline easement of 25 feet from F(8nCePropltr,doc consulting· engineering· cono;tru<lion . operat'IOf1S CONI Agenda Item NO.1 OE January 25, 2005 Page 8 of9 Ms. Toni Matt December 30, 2004 Page 2 the center line of the City of Naples raw water main should be established. The proposed utility and access easement would extend west from the existing pipeline. The easement would provide adequate room to install the proposed raw water main adjacent to the existing raw water main. To summarize, a pipeline easement should be established for the proposed raw water main that extends 25 feet from the centerline of the existing 36-inch diameter raw water main owned by the City of Naples. Up to three public supply wells could be constructed on the adjusted County parceL Please contact Don Lindeman or me if you have any questions or require additional information. Sincerely, /' /" I ¿.:V:/~;7 /.' L~·,---- Wm. Scott Manahan¡ P.E. Water Resource Engineer Camp Dresser & McKee Inc. FranceP-ropjtr.doc WU")O') -~8õ . N 0') o - ZU")(l) N OJ E >.ro ().....o... ~ro -:::¡ roc: -oro c:, () OJ <{ '(01 ~~T\ ~ L AL1EKN~l\\\S \ 1'1<:) J r 'Zoo( , ./ '';- ,/. /V; /, .. . . / /.' / / ;~?:.;0:// ,;;~ ~;/,.,. /// /: :/ . / ' /7f~-~//.,. i/ // L¿__L_\1·'7°17Tr¥~...,' '/~'~8/ . -OWl l}o' _~/~.'1. . r:;' ,.:'..... '>/ ~I . Co' / ::^ /! /' / ". , c.-, r //" ".\;-, . / I . I ___ ~ / ~ -".. 1.40 -:--// ";. OQ }'.::< / ,/:x' 0/ l'j /~ eo, " '10/ ,/' ,1-, _. .., 1 /-1./ ,/ :.J 1\ \ I.- \¡ \f E. ó~?7'~ j¿'~ H~7e f;,~ f~~1~~~~1 I, ; ~,": / \)QAI N Ä.4 I=: 1- 1'=;'('>1 t-J\7E. ME~T ._ ! "(_.><:: _ i I . \..- /'I '-, ':;£ ", / I ~ '~"\/I 'UJ ;.<',; I~' ill "'a)'/' I': I':g'\X ". I :Z~\, '. ....."" 1/,1.::;: ','" I Xlci~" '-.'. , ,e:> ·Ä\,'·\, 4-';'~ Ä..~Ë, ~;:. Z I ill:: '21:Ja\ ----_..,- r.~>~;¡ ¡....et ¡[snl ,-,().i ..:.,.... ~ January 25, 2005 Page 1 of 5 ,- EXECUTIVE SUMMARY Recommendation that, pursuant to Ordinance No. 2001-55, (sometimes referred to as the "Advisory Board Ordinance") the Board of County Commissioners adopt Resolution No. 2005-_ establishing the Caribbean Gardens Task Force Committee and discuss any continuing role of the staff in connection with the volunteer Blue Ribbon Committee. OBJECTIVE: Recommendation that, pursuant to Ordinance No. 2001-55, the Board of County Commissioners adopt Resolution No. 2005-_ establishing the Caribbean Gardens Task Force Committee and discuss any continuing role of the staff in connection with the volunteer B1ue Ribbon Committee. CONSIDERATIONS: In November 2004, the voters approved a referendum authorizing the Board of County Commissioners to issue up to $40 million in bonds to be paid for by a limited ad valorem tax of up to .15 mils not to exceed ten years for the purpose of preserving the Caribbean Gardens. The voters also authorized use of this funding source to acquire lands surrounding the Caribbean Gardens owned by the Fleischman family to the extent necessary to preserve the Caribbean Gardens. ,,-.. Previously, a volunteer B1ue Ribbon Committee of citizens was fonned to consider possible additional funding sources for the Caribbean Gardens project and also to consider what possible uses could be made of lands surrounding the Caribbean Gardens if those lands are acquired by the County. On December 14, 2004, the Chairman of the Blue Ribbon Committee, Ms. Kathy Prosser, reported to the Board of County Commissioners with respect to the status of the Blue Ribbon Committee and its efforts. During the course of the December 14th meeting, the Board detennined tbat County staff assistance to the volunteer Blue Ribbon Committee served a useful purpose and voted to allow staff to continue to assist the Blue Ribbon Committee provided that staff would not in any way be involved in fundraising efforts of the Blue Ribbon Committee, at least where those fundraising efforts might possibly conflict with the County's Ethics Ordinance or otber legal restrictions. In addition, the Board indicated that it would authorize this continued staff support to the group of citizens comprising the Blue Ribbon Committee at least until the matter was brought back for further consideration by the Board. In a related but separate vote, the Board then directed the Office of the County Attorney to bring before the Board a proposed resolution to create a committee to be appointed by the Board in accordance with Ordinance No. 2001-55 to make recommendations to the Board with respect to uses of any lands acquired in connection with the Caribbean Gardens project and potential governmental and nonprofit funding sources, such as grants, to assist in financing the acquisition of the Caribbean Gardens and any surrounding lands also to be acquired. Attached to this Executive Summary is a proposed resolution to establish the Caribbean Gardens Task Force Committee. In considering whether to adopt this resolution and create the Caribbean ~ 1 "'~'-'-"--"'" ~.~J¿j¡wa ¡(on¡ !~o. -j .;../""\ ~ January 25, 2005 Page 2 of 5 ,- Gardens Task Force Committee, the Board may also further consider any continuing role of staff in connection with the volunteer Blue Ribbon Committee. FISCAL IMPACT: At this time, the fiscal impact of the establishment of the Caribbean Gardens Task Force Committee is unknown. Initially, there would be indirect fiscal impacts in the nature of staff support and facilities support for purposes of providing notice of meetings, a location to meet and development of meeting agendas. Nevertheless, the dedication of a staff liaison and facilities for the activities the Caribbean Gardens Task Force Committee is likely to be at minimal cost to the County and, as the Caribbean Gardens project moves forward, County staff will be involved in that acquisition and planning process in any event. GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners adopt Resolution No. 2005-_ establishing the Caribbean Gardens Task Force Committee and discuss any continuing role of staff in connection with the volunteer Blue Ribbon Committee. Prepared by: Michael W. Pettit, Chief Assistant County Attorney ~ ,-- 2 ~.:; I I,,".j January 25, 2005 Page 3 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 12A This item to be heard at 11 :30 a.m. Recommendation that, pursuant to Ordinance No. 2001- 55 (sometimes referred to as the "Advisory Board Ordinance"), the Board of County Commissioners adapt Resolution No. 2005-_ establishing the Caribbean Gardens Task Force Committee and discuss any continuing role of the staff in connection with the volunteer Blue Ribbon Committee. Meeting Date 1/25/20059:00:00 AM Approved By Michael Pettit Chief Assistant County Attorney Date County Attorney County Attorney Office 1/13/200511:39 AM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 1/13/200511 :40 AM Approved By Marla Ramsey Parks & Recreation Director Date Public Services Parks and Recreation 1/13/20053:27 PM Approved By OMS Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1/14/20058:52 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1/14/20059:35 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1/14/20055:12 PM Agenda Item No. 12A January 25, 2005 Page 4 of 5 Resolution No. 2005-_ A RESOLUTION ESTABLISHING THE CARIBBEAN GARDENS TASK FORCE COMMITIEE. WHEREAS, on November 2, 2004, the voters of Collier County approved an additional al valorem tax not exceeding .15 mil for 10 years and the issuance of up to $40 million in bonds to allow the County to acquire and preserve the Caribbean Gardens and also to acquire any lands of the same or related owners necessary for that purpose; WHEREAS, the acquisition and use of the Caribbean Gardens and other lands authorized by, among other things, the November 2, 2004 referendum shall hereafter be referred to as the "Caribbean Gardens project"; WHEREAS, on December 14, 2004, the Board of County Commissioners directed the Office of the County Attorney to prepare a resolution to create a proposed ad-hoc or task force committee to identify, evaluate and make recommendations with respect to governmental and nonprofit funding sources to assist in the financing of the Caribbean Gardens project and also to identify, evaluate and make recommendations with regard to land uses related to the Caribbean Gardens project; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION I. Creation of the Caribbean Gardens Task Force Committee. Pursuant to the provisions ofCoJlier County Ordinance No. 2001-55 (sometimes referred to as the "Advisory Board Ordinance"), the Board of County Commissioners hereby creates the Caribbean Gardens Task Force Committee (the "Committee") as an ad-hoc or task force advisory committee. The Committee members shaJl serve a term of two years, which wìl1 commence upon the effective date of this Resolution and shall conclude two years thereafter. SECTION n. Appointment of Members and Failure to Attend Meetings. Membership of the Committee shall be sought and appointed in accordance with the Collier County Ordinance No. 2001-55. The Committee shall consist of seven (7) members, all of whom must be permanent residents and electors of Collier County and reputable and active in community service. If any member ofthe Committee is absent from two (2) or more consecutive meetings without a satisfactory excuse, such member's position may be declared vacant by the Board of County Commissioners as prescribed by Collier County Ordinance No. 2001-55, as amended. SECTION In. Officers; Quorum; Compensation. The Officers of the Committee shall be elected by the membership of the Committee and shall include a Chainnan, Vice-Chainnan and Secretary. The presence of a majority of the voting members shall constitute a quorum. The Committee may adopt rules and procedures for the transaction of business and shall keep records of meetings, findings and determinations. The members of the committee shall serve without compensation, but may be reimbursed for travel, mileage or per diem expenses only if approved in advance by the Board of County Commissioners. ~ .. r--\gS!lG¿ J..8;!! ,..~.). ,¡::::>-, January 25, 2005 Page 5 of 5 SECTION IV. Functions, Powers and Duties of the Committee. The functions, powers and duties of the Committee shall be to: a. Identify, evaluate and make recommendations to the Board of County Commissioners concerning potential governmental and nonprofit funding sources, e.g., grants and donations, for the Caribbean Gardens project. b. Identify, evaluate and make recommendations to the Board of County Commissioners concerning potential uses of all lands that may be acquired by the County in connection with the Caribbean Gardens project. c. Identity, evaluate and make recommendations to the Board of County Commissioners with respect to matters relative to the Caribbean Gardens project. d. Provide a forum fur the general public to come forward and make recommendations and suggestions with respect to donations, land uses and other matters relative to the Caribbean Gardens project. All meetings shall be open to the public and shall be governed by the Florida Government in the Sunshine Law. All meetings shall be held after reasonable public notice is provided as to location, time and subject matter of the meetings. SECTION V. Sunset Provision. The Committee shall automatically dissolve two (2) years from the effective date of this Resolution unless, prior to that time, a majority of the Board of County Commissioners authorizes the Committee to continue its work for one (1) additional year. This Resolution adopted this 25th day of JanuaI)', 2005 after motion, second and majority vote. ATTEST: Dwight E. Brock, CLERK BOARD OF COUN1Y COMMISSIONERS COLLIER COUN1Y, FWRIDA By: By: DEPUTY CLERK Fred W. Coyle, CHAIRMAN DATED: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Michael W. Pettit Chief Assistant County Attorney 2 þ,JcI¡;]a It8m No. '16,i\1 January 25, 2005 Page 1 of 13 ,..""'-'" EXECUTIVE SUMMARY Recommendation to approve an Interim Management Plan for the North Golden Gate Estates (NGGE) Unit 53 property under the Conservation Collier Land Acquisition Program OBJECTIVE: Request approval of the attached Interim Management Plan for the NGGE Unit 53 properties and direction for its implementation. CONSIDERATIONS: The Conservation Collier Ordinance, 2002-63, section 14(1), requires that, no later than sixty (60) days from the date of acquisition, an Interim Management Plan shall be submitted by County staff to the Conservation Collier Land Acquisition Advisory Committee (CCLAAC) for approval. Upon approval, the plan shall be submitted to the Board of County Commissioners for final approval and shall be implemented according to the Board's direction. Subsequent to the Interim Management Plan, a final plan is to be presented to the Board within two (2) years. /...- Starting on September 17, 2004, Collier County began to acquire parcels for the Conservation Collier Program within an approved Conservation Collier Multi-parcel project known as NGGE Unit 53. As of January 10, 2005, 9 parcels encompassing 13.88 acres have been acquired, with an additional two (2) parcels encompassing 2.73 acres scheduled to close on January 28, 2005, and two (2) others encompassing 4.93 acres under option contract, one scheduled to close in March 2005 and the other in December 2006, for a total of 21.54 acres acquired/under contract out of the total project goal of289 acres. On December 13, 2004, staff submitted an Interim Management Plan for the NGGE Unit 53 Multi-parcel Project to the CCLAAC, which was unanimously approved after review, revision and recommendation at the subcommittee level. FISCAL IMP ACT: The first year cost of land management activities has been estimated to be between $1,890 and $7,110 depending on what grant assistance is available for exotic removal. Because the project includes scattered small parcels at this point, exotic removal, a few signs and monitoring to assess security needs will be the only management activities undertaken. When larger contiguous blocks of property can be acquired, staff will amend the plan to incorporate potential management partnership with adjoining state conservation lands (owned by South Florida Water Management District) and consider how best to facilitate public access. Annual recurring costs for acreage currently owned are estimated to be between $1,160 and $5,220 (2004 dollars), for exotic plant maintenance. Funds are budgeted within the Conservation Collier Land Management Fund to accomplish these activities. Additional budget requests may be made as additional properties area acqq.ired. GROWTH MANAGEMENT IMP ACT: Management of Conservation Collier lands to support appropriate public access is consistent with and supports Policy 1.1.6 and Objective 1.3 in the Recreation and Open Space Element of the Collier County Growth Management Plan. _. hC)E:naa Iwrn f\lO.; Ôiì 1 - January 25,2005 Page 2 of 13 LEGAL CONSIDERATIONS: The Conservation Collier Ordinance (2002-63), in section 14, provides a legal ftamework for development of management plans and for use of environmentally sensitive lands. Recommendation of the Interim Management Plan for NGGE Unit 53 by the Conservation Collier Land Acquisition Advisory Committee for Board approval falls within this legal framework. RECOMMENDATION: That the Board of County Commissioners approve and direct staff to implement the attached Interim Management Plan for the NGGE Unit 53 Multi-parcel Project. PREPARED BY: Alexandra J. Sulecki, Sr. Environmental Specialist, Coordinator, Conservation Collier Program, Environmental Services Department ,"- ,,-. Item Number Item Summary Meeting Date Approved By William D. Lorenz, Jr-, P,E, CDmtnunity Dev~)p!TI(~nt & En,,¡rónml!'nt,,¡ SP.tvice... COLLIER COl:NTY BOARD OF COUNTY COMMISSIONERS 16A1 Re.::ommer¡datlon to .approve an Interim Management Plan fûr1he North Golden Gate Estates íNGGE.j Unít 53 property under thF. Conservation Collier Land Acquisition Program t.'25l2005 9:00:00 AM EnvironmuJ1tal $ervÌ(;u5 Director Date Environmental Service!!. 1/91200510:2& AM Approved By Oat<? çOI1~;tance A. Jt>hn.o;.øn C(mmunity De'>!(!lopmrml' & Ef)vitQnnnwtal Services Opeml:ian:¡ Analy~t Community Oevdopm~nt 8, Environmental Services Adlnin. 1/12/20058:21 AM S.mtlra l.ea Dnte: Approved By Cummunity Development &. EnvinmmE!nt.d Scrvi(:(":$ E:XCcutIIlC Sec.relary Community Development & Ënvironnllmt<ll S(~,,,,i(:(!$Adrnin. 11'12./20059:05 AM J<t$eph K. S(;hrnÎtt D<ltf' Approved By Coml'nunity DI!>VE!!ø~Jrnmt.\ En'liroomcnt~ $örvkf.15 c.oiTIn¡unity D!!vclOpmcnt & Envlronmöntal SNvir.e~ Admin¡;.tr&11of Cm'mnunily O(!vd(ptn~n.t 8- Environm!~ntal Services Admin. '11"12/20057:11 PM OMS Coordinatot" AdmjrlÜ;f.f'.ativ~ A!.$¡~t;mt D:ltt!' Approved By CQunty Manager's Office Office of Management & Budget 1!13i20Q5 3:59 AM Mark s.ack~(m fhldgl.>1. Analyst D¡¡t1?: Approved By C,)unty M<ln<lfwr'\; Ot1iGt~ OUlet! 01 Mal1ag~t'lwnt & Budunt 1113i200S 12:15 PM Michael Smykowsk¡ Management & Budget D¡n~c.tor Date Approved By County Manager's Office Office of M.anagemEmt & Budget 1/"I3!2005 3:49 PM ApPI"oved By J<!rftes V. MtHhl Board of County Cmnm¡'¡¡~iit)n~r:.¡, County M.m.19N (l.m~ County ManagJ!\r'$, omcc 1/13120056:13 13M Agenda Item No. 16A 1 January 25, 2005 Page 4 of 13 Conservation Collier North Golden Gate Estates Unit 53 Interim Management Plan Prepared By: Collier County Environmental Services Department 2800 North Horseshoe Drive Naples, FL 34104 December 2004 . ",¡,::, 'l:.:..:n¡ J"¡~'. ¡ u,'\-ì December 2004 January 25, 2005 Conservation Collier NGGE Unit 53 Projectpage 5 of 13 Interim Management Plan Table of Contents 1.0 Purpose and Scope of the Interim Management Plan. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . 3 2.0 Management Authority and Responsibilities ...................................... 3 3.0 Interim Site Plan ...................................................................... 3 3.1 Location and Site Description.............................................. 3 3.2 Signage.. . . .. .. . .... . . .. . .. . . .. . .. .. .. .. .. ... . . ... . . . .. . .. . .. .... . .. . .. .. . .. . . .. 4 3.3 Easements, Concessions or Leases .......................................... 4 3.4 Structures....... .......... .............. ............................ ............ 4 3.5 Surrounding and Adjacent Land Uses....... . . . . . . . . . . . . . . . . . .. .. . . . . . . . . . . .. 4 4.0 Interim Management Objectives.................................................... 4 4.1 Natural Resource Protection.... ..... .... .... . .. ... ... ............ ........... 4 4.2 Site Security...................................................·......·..··..·.. 5 4.3 Exotic Vegetation Removal and Maintenance Plan.. . .................. ... 5 4.4 Cultural, Historical and Archaeological Resource Protection.... . . . . .. . . 5 4.5 Public Access.... .... . ..... .. .. .. . . . .. . ...... . . . . . .. ........ .. . ... . . . . ......... 6 4.6 Site Monitoring Plan.................... ............ ....... ..... ..... ......... 6 4.7 Partnerships. . . .. . .. . . . ... . .... .. . .. ........ .. .. . ........ . .... . . ... ... . ." .. . .. 6 5.0 Exhibits. ..... . ... ...... .... .. ... .... ... .. ....... ..... ..... ....... .. .. ..... ....... .. ....... 7 EXHffiIT 1: Location Map EXHIBIT 2: Aerial Map EXHffiIT 3: Estimated Cost Table EXHffiIT 4: Implementation Timeline 2 December 2004 Agenda Item No. 16A1 . January 25. 2005 ConservatLOn Collier NGGE Unit 53 ProjectPage 6 of 13 Interim Management Plan 1.0 Purpose and Scope of the Interim Management Plan Nine scattered North Golden Gate Estates (NGGE) properties within Unit 53, a total of 14.88 acres, have been purchased by Collier County through funds from the Conservation Collier program as of December 2004. Two more properties are under contract (4.93 acres) and the County has options on two additional ones (4.93 acres). Collier County will continue to pursue the acquisition of additional parcels within Unit 53. All properties will be managed only for conservation, protection and enhancement of natural resources and for public outdoor recreation that will be compatible with the conservation, protection and enhancement of the site and its surrounding lands. Public use of the site will not be practical until more contiguous properties within Unit 53 can be acquired. This interim management plan is intended to identifY the key management priorities and issues within the site and give direction for management for the next two years. This document is meant to be the precursor to a final management plan, which will provide more specific aspects of site management. Kev Interim Management Objectives 1. Protect and manage the native habitat on site 2. Explore opportunities for grant funding and partnerships Action Plan 1a. Treat and manage old world climbing fem and Air Potato (when observed) within acquired parcels. 2a. Seek opportunities for DEP Florida Bureau of Invasive Plant Management grant funding for old world climbing fern removal and management 2b. Seek opportunities with South Florida Water Management District (SFWMD) Corkscrew Regional Ecosystem Watershed (CREW) Trust for partnership management assistance. 2.0 Management Authority and Responsibilities The Collier County Environmental Services Department will be solely responsible for managing the NGGE Unit 53 parcels, but will seek to obtain grants and partnerships for management activities. 3.0 Interim Site Plan 3.1 Location and Site Description NGGE Unit 53 is located north ofIrnmokalee Road and west of Wilson Boulevard in Section 8 Township 48 Range 27 within Collier County, Florida. It is comprised of wetland hardwood forests. Approximately 11.6 acres of 305-acre unit are currently owned by Collier County. NGGE Unit 53 is located within the Golden Gate Estates 3 December 2004 .-,::...,,;:1-, ¡'ce,; :'-"".!, ¡ut-\ ¡ January 25. 2005 Conservation Collier NGGE Unit 53 Projectpage -¡ of 13 Interim Management Plan boundary of Collier County. Additional parcels will be purchased as they become available. 3.2 Signage Signs denoting parcels as Conservation Land will be installed as contiguous parcels of 20 acres or more are acquired. 3.3 Easements, Concessions or Leases There are sixty-foot (60') platted Right of Way easements dedicated for public right of way, including utilities, along 41st Ave. NE and Shady Hollow Blvd. No other easements, concessions or leases currently exist within the site. In the future, well easements may be proposed for locations along both ofthese roadways with pipelines to be located in existing easements. The Conservation Collier Ordinance (2002-63) prohibits use, infrastructure or improvements inconsistent with the purposes of the program or not provided by an approved management plan. The location of well easements may be included in a future management plan after hydrologic studies currently being perfonned indicate specific site needs. There are no other easements, concessions or leases proposed for the future, unless they further conservation objectives, such as a conservation easement. 3.4 Structures No structures are present on the site at this time. No structures, except potentially municipal well structures if approved by amendment of this plan and approval by the Board of County Commissioners, will be erected within the time span of this interim management plan. 3.5 Surrounding and Adjacent Land Uses NGGE Unit 53 is adjacent to CREW lands to the west and is separated from CREW lands to the north by undeveloped agriculturally zoned land and a small Collier County-owned mitigation parcel. To the east, Unit 53 is bordered by Estates zoned property that is mostly undeveloped, and to the south are fallow agricultural fields, now part of the Twin Eagles Phase II Development. 4.0 Interim Management Objectives 4.1 Natural Resource Protection Existine: Vee:etation: The following identifies what native plants were observed: red maple (Acer rubrum), cypress (Taxodium distichum), willow (Salix spp.), bay (persea spp.), cabbage palm (Sabat palmetto) and dahoon holly (flex cassine). Brazilian pepper (Schinus terebinthifolius), air potato (Dioscorea bulbifera) and old world climbing fern (Lygodium microphyllum) were also observed on some of the parcels. 4 December 2004 Agenda Item No. 16A1 . January 25, 2005 ConservatlOn Collier NGGE Unit 53 ProjectPage 8 of 13 Interim Management Plan UniQue Natural Features: Unit 53 is an excellent example of a wetland hardwood forest community and contains many mature red maples in areas outside of those historically farmed. Even farmed areas show significant red maple re-growth. Possible Listed Species: Wild coco (Elophia alta) FDA threatened, royal fern (Osmunda rega/is) FDA commercially exploited and white ibis (Eudocimus albus) FFWCC species of special concern have been observed within the unit. Listed orchid species, wood storks (Mycteria Americana) and snail kites (Rostrhamus sociabi/is) could potentially be found on the property. 4.2 Site Security Staff has been advised that ATV riders use the unit, apparently accessing it by 41st and 43rd Avenues NW and trails cut through some properties. Staff will determine if the County owns properties where A TV use is occurring, and if so, these will be posted with "No Unauthorized Vehicles" signs and arrangements will be made for law enforcement to occasionally visit and monitor activities. Because Collier County currently owns 9 of the parcels, only some of which are contiguous, fencing will not be addressed until a larger percentage of the parcels in the unit can be acquired. 4.3 Exotic Vegetation Removal and Maintenance Plan Invasive exotic plant species observed include: Brazilian pepper (Schinus terebinthifolius), air potato (Dioscorea bulbifera) and old world climbing fem (Lygodium microphyllum) . Until more properties are acquired, the Collier County Environmental Services Department will actively manage only old world climbing fern, as this species is extremely invasive. Air Potato, while also invasive, has been observed only in the eastern portion of Unit 53 where no properties are currently owned. Staff will monitor for Air Potato on acquired properties and if present, make arrangements to remove it. As more contiguous properties are acquired, all observed invasive exotic vegetation will be treated and managed. Environmental Services' staff will field locate property lines and direct contractors to County owned parcels within Unit 53. Staff will seek DEP Florida Bureau ofInvasive Plant Management Lygodium Strike Team grant funding for old world climbing fern removal and management. All located old world climbing fern within the County parcels will be treated during the dry season. 5 .. ,_.~.._ 0" .. ,....-. January 25, 2005 Conservation Collier NGGE Unit 53 Project Page 9 of 13 Interim Management Plan 4.4 Cultural, Historical and Archeological Resource Protection NGGE Unit 53 is not within an area of historical and archaeological probability, and no historical or archaeological sites appear to be present in the property. The County will notify the Division of Historical Resources immediately if evidence is found to suggest any archaeological or historic resources are present at the NGGE Unit 53 site. If such properties are identified on-site, staff shall cordon off the area, and a professional survey and assessment shall be instituted. The archaeologist shall prepare a report outlining results of the assessments and issue recommendations to County staff about management of any sites discovered, per provisions of the Land Development Code Section 2.2.25. This report shall be sent to the Division of Historical Resources. The County shall cooperate fully with direction from the Division of Historical Resources on the protection and management of archaeological and historical resources. The management of these resources will comply with the provisions of Chapter 267, Florida Statutes, specifically Sections 267.061 2 (a) and (b). December 2004 The collection of artifacts or the disturbance of archaeological and historic sites within NGGE Unit 53 will be prohibited unless prior authorization has been obtained from the Collier County Board of County Commissioners and the Department of State, Division of Historical Resources. 4.5 Public Access Public access will not be addressed until a larger percentage of contiguous parcels within NGGE Unit 53 can be acquired. When the final management plan is developed, efforts will be made to include hunting as a public use through coordination with the hunting program existing in adjoining CREW lands and under authority of the Florida Fish and Wildlife Conservation Commission. 4.6 Site Monitoring Plan Monitoring of the site shall consist of old world climbing fern monitoring and re- treatment. The Environmental Services Department shall be responsible for this treatment with tasks contracted out as deemed necessary. The site will be monitored for old world climbing fern re-growth semi-annually for two years following initial treatment. After two years, the fern will be monitored on a yearly basis. 4.7 Partnerships SFWMD staff has indicated that they are open to the potential for expanding the CREW project boundaries around NGGE Unit 53, or portions thereof, and there may be opportunity for management assistance once a larger area of contiguous parcels is acquired. 6 ..,.,-....- ~.-. ,~. .. .... December 2004 Agenda Item No. 16A 1 " January 25, 2005 Conservatzon CollIer NGGE Unit 53 ProjeC'þage 10 of 13 Interim Management Plan 5.0 Exhibits EXHIBIT 1: Location Map Conservation Collier North Golden Gate Estates Unit 53 Location Map 45TH AVE l'ie SHADY H-oLL':'~V BlVDv\.' .sHADY HOLLOW BLVD E '" z .... if> :¡: .... '" A\/E N\i'¡ 41ST AVE N E 39TH AVE NW 39TH AVE HE .. 37TH AVE NW 35TH .Þ.VE. NW 33RD .WE NW :; '" 5 " w " " z z z Z l- I- .... >- '" '" '" '" a :¡: :¡: 0 ¡¡¡ z Ii; t;: N 2!STH AV NW 25TH ~v NE 24TH AVE I..IW 24ìH AVE N E ~ \ , \ \ \ \..,..0""-, Legend - N GGE Unit 53 .í ',\ ~~fi~ r - Collier County Roads l1li UnIT 53 0.5 I 1 Miles Datil Source: Parcels. CDllier County Preperty App raiser Create d By; CIS l COSS I Environmental SelVic: es O:\Con5ervatiott Collier 2002'\ Laltd Manage mettt\Uttit S3\locatio n.mxd G:\Conservatiotl Cellier 28D2\ Lalld Management\Unit S3ìleeation.jpg Date: 18.15.04- cJtzi;!r Cmmty 7 December 2004 r-,;;;.;'~. ,.....I.;...: . ..'~;i"¡ I I .;~).¡ c. \ \ January 25, 2005 Conservation Collier NGGE Unit 53 ProjeC¢age 11 of 13 Interim Management Plan EXHffiIT 2: Aerial Map Conservation Collier North Golden Gate Estates Unit 53 Aerial Map Legend - NGGE Unit 53 \ \ \ , \.f__~ , \\ ~"'"1~__V ,( r - Collier County Roads County owned Unit 53 parcels (October 2004) D Unit 53 o I 475 I 950 Feet Oat. Source: Parcels and 2003 ..rials· Colli.r County Property Appraiser Creeted .Yo CIS I CDES I Environment.' SeNices G:\Censervftien Collier 2002\ Land Mana,o..ent\Unlti3\Aarlal...xd G:\Coue.......tion CeUi.r 20112\, Land Monoge...nt\Unit53\Aarial.ÎPg Date: 10.19.04 S:~þ~;" ,£?DU::ry 8 ~ ~.::'·-_-f·"·.. ..~, "". December 2004 EXHIBIT 3: Estimated Cost Table Management Element Exotics Control "No Unauthorized Vehicles" signs Total Initial Cost $1,740 - $6,960 $150 $1,890 - $7,110 .' " Agenda Item No, 16A1 " January 25, 2005 ConservatlOn Co/lzer NGGE Unit 53 ProjeOÞage 12 of 13 Interim Management Plan Annual Recurring Costs $1,160 - $5,220 $1,160 - $5,220 9 Comments Initial cost range from $150 - $6001 acre if no help can be obtained fÌ"om Bureau of Invasive Plant Management "Lygodium Strike Temn." 2 (20" X 28") signs and posts I ,lJUìUa Item No. j ôA2 January 25, 2005 Page 1 of 27 EXECUTIVE SUMMARY Petition CARNY-2004-AR-7015, John Yonkosky, Treasurer, Collier County Fair and Exposition, Inc., requesting a permit to conduct a fair from February 4th through February 13, 2005, at the Collier County Fair Grounds on Immokalee Road (C.R. 846) North Golden Gate Estates. OBJECTIVE: To provide local entertainment and education experiences to residents and visitors of Collier County. John Yonkosky, Treasurer, Collier County Fair and Exposition, Inc., is requesting that the Board of County Commissioners approve a permit to conduct the annual Collier County Fair from February 4th through February 13, 2005 on County- owned property located on Immokalee Road (C.R. 846), North Golden Gate Estates. The applicant is also requesting waivers of the occupational license and the surety bond. CONSIDERATIONS: John Y onkosky, Treasurer, Collier County Fair and Exposition, Inc., made application to the Board of County Commissioners for a permit to conduct their annual fair. Collier County Fair and Exposition, Inc., 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 requests of the waiver of the Surety Bond, as there have been no previous problems related to clean up of the site after the County Fair. The required insurance amount of $1,000,000.00 has been purchased and the County is named as additional insured. LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a detennination by the Board of County Commissioners (BCC) must be based and has detenniped that it meets that criteria, specifically Article II Sections 10-26 through 10-50 of the Collier County Administrative Code. These sections refer to the application process, duties of sponsors and owners, waiver of requirements, and approval of pennit; criteria used. FISCAL IMPACT: Approval of this petition would have no fiscal impact on the County. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the pennit to conduct the annual Collier County Fair and waive the occupational license and surety bond. ..- 1 .,..."..,...., ........".,....;.. ".",' «~.,,-,~~..'-~,-_...._.,..",.~.''" r"-J:.:.:.i ,(.".:1 ¡ It.:.:rn (\40. 'IOÞ\¿, , January 25, 2005 Page 2 of 27 ,......._, PREPARED BY: Cecilia K. Martin, Planning Tech Department of Zoning and Land Development Review ~ --- 2 Item Number Item Summary Meeting Oa te COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1611.2 Petition C¡',RNY-2004-AR~7015, .John Y'onkQslcy Treasurer, CoWer CQunty Fair and Exposition. Inc." reqUf?stir1g a perrnit to conduct a fair trom February 4U11hrough Fabruary 13, 2005, at the Collier COi.lnty Fair Grouncs on Immokaiee RO<Jd (C,R 846) North Go!den Gate Eslates 1/25l2005 9:00:00 AM Cecilia M.anin Planning Tech 115/20052:·11 :.(5 PM Prepared By Commllnity Df!vf\l()pm~nt & Environmental S!'!n.rice!> DatI:! Znning & land De'JelopIYlent Review 5¡;¡ndr;¡ l.eu E.II:~cutiv¢ Seçnit;lry O;d.t! Approved By Gonununity Development & Environmental Services Community Development & Environmental Services A.dmín. 1,111/200610:38 AM Con.'it¡mc(! A. Johnson Op(~r:¡¡tions An¡lfY1i-1 Dilte Approved B)' C(Jfnt1luni1y Oe\'E!II)Wt~l!lIt &. Envimnnmnb! Serv¡(:~5 COlY1rnunity DE!vd()pfm~nt & E\fjmnnmnt.ul Sm",Î(;(!$ Admin. 111Z12005 8:29 AM Susan Murny, AICP Zoning & L3nd Devulopment Dírec10r Datu Approved By CQmmunily Development 8. Environmental St!I"\ICWS Zoning & Land De'lel()pm~mt Revil/!w 1:12/20059;22 AM Joseph K. Schmitt Oatt' Approved By Community Deve¡oprm~ut &. Environmental Setvi(;~!;. Cmt1lTlllllity nE~vl!loþnHmt &. E"v¡HJlltrI~nt,~1 Sj~r...kj~!;' A¡jmÎnstr.ator COlnmul1ity Development & EtJvircmmental Services Admin. 1/12[20059:11 PM OMS CDl:>rd~n"töl Arhnini_'iõtrativl'!: AS'!i!5hu1t D;¡¡:<! Approved By Cuunty Milnaqltf'.-t ()ffk:j~ Offj.:(: (11 ri1ar1U"mnl~nt & Budgd 1113120059:02 AM Budgd Analyst Date Approved By Mark !'!>Dckson County Man.ager's Office Office of M;;m3gement & Budget 1/13i10():5 9:54 AM M¡c:hi~!!"1 Smykl:rw$.ki M,wagmnent & Budgt't Din1ctor Dati/' Approved By Caunt)' ~..1<m';I~t~r'!> OfflCt! OHìçt' uf Ma1l3~I!IYWnt & SUd91:t 1!1J!200511:S¡¡' AM COUI1ty Manager Date Appl'oved By James V. Mudd ßumcl ot County Commis!i·iorlt!r.$ County M~nager\¡ OfficI;! 1;131200512;22 Pt.f: r:!oe. - ~ ~'f' (III., 0.." Fair . Agenda Item No. 16A2 THE COLLIER COUNTY AGRICULTURAL ~~54 ~~g~ and EXPOSITION, INC.. CofJier CountY FaIr 751 39th Avenue N.E. .l2Iétpr~s¡, FL~~ 1.:2..0._ (239) 455-1444 Fax: (239) 455-6701 . - .. . .. . ... ... ... .. -- . - .- CARNY-04-AR-7015 Collier County Fair and Exposition December 1 2004 ' Board of County Commissioners 33D1 Tamiami Trail East Naples, FL 34103 Attention: Ms. Susan Murray Re: Request for County Fair Permit February 4th through 13, 2005 Dear Ms. Murray, In accordance with the provìs}ons of Collier County Ordìnance No. 75-11, we respectfulfy submit the following information and exhibits witnessing to our compliance to those requirements and our evidence of such, in thè fmm of a petition to obtain the subject permit . . P".__·______ ,.__.____..____..._.______ .u____.. ._._.... _ .._.. .. A. 1. Logo 2. Sketch of site showing basic location of activities 3. Board of Directors 4. Evidence of pUblic nability ¿nsurance 5. Activity description 6. Lettsr confirming refuse service 7. Lette'r for private john use 8. letter confirming security trom Sheriff 9. Letter confirming emergency servi-ces 10. Letter confirming fjre safety 11. Land Lease authorizing use of property located on Highway 846, North Golde'n Gate 12. State Permit 13. Tax Exempt sheet 1 , "~..-"'~ "~ n ¡ < ._-, ,)r',"'_ 1- January 25,2005 Page 5 of 27 B. Warver of Requirements We are requesting the Board of Collier County Commissroners to waive the following requirements of Ordínance No. 75-11 as you have in the past, because of the Fair Association falls under the classificatIon of a non-profit organization, 1. Section 1 item 3.a, Surety Bond 2. Section 1 item 3.d, Occupational Lícense In. revÎew of the request. should any questions arise. please do not hesitate to contact me at 455-1444, ~m~reIY,~rt 0 . ",Q..._\J~).dÞ u... hn Yon os _ _.J ir Treasurer JK:aw Enclosures 2 Agenda Item No. 16A2 January 25, 2005 Page 6 of 27 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt "Trails Number ! Dåte..·· . 0__ I Post Date 53522Ö" .. "--=-i 12f2~[?_º04 3:05:37 PM" 12129/20Q~_.... . - . I pàÿñ1ent SI.iR.Nbr . ....~_AR 7015 AppJ Name: COLLIER COUNTY AGRICULTURAL FAIR AND EXP INC Appl Stage/Ststus: REVIEW STAGE NO. 1/PENDING Address: 751 39TH AVE NE NAPLES Fl34120 Proj Name: COLLIER COUNTY FAIR Type: TAZ: 191 Subdiv Nbr: 100 Project Nor: 2003120045 Payor: COLLIER COUNTY AG Fee Informa1ion GL Account "':_'.'~.'.'.'-.]. Amo.,:!'1.~ I Waived _.1)11383.2(;34.1.?.?..OOOOOO ! $275.001 Total _._...$275J~9: Payments I Payment C o_c!e _CHECK ....-...--.-. --·..1 ," ;;i~~~ $2~~:g~ : Acco.LJ~t(ÇJ!.~£k Number : 8129 Total Cash Total Non-Cash Total Paid L.........$275.00 I Memo: Cashier/location: CORZO_M I 1 User: WJLLOUGHBY_C Comer County Board of County Commissioners CD-Pius for Wíndows 951NT Printed: T 2/2 9/2004 3 :06 :08 PM L .~~.,~..,~\.-~ . i..,,,,, !....._.. ,_ January 25, 2005 Page 7 of 27 :ADDRESSING CHECKLIST Please comp]ete the followíng and submit to the Addressing Section for Reoview. Not aU items wi11 apply to every project. Items in bold tvDe are required. 1. Legal description of :subje(..1: propcrty or properties (copy aflengthy description may be {It{(lched See attached Exhibit A '2. FoUo (Pr(}perty 10) numbcr(s) of above (Quach roo or æ,'sociale with legal de:s(~ripti(m ifmof'e than one) 00210040009 3. Stroot address or addresses (a.V' applicable, if already assigned) 75139ih Avenue NE 4. Lo()ation map. showing exact location ofprojectisite ín relation to nearest public Toad right-of-way (uuach) :5. Copy of sllrvey (NEEDED ONLY FOR U>TPLA TIED PROPERTIES) :6. Proposed project name (if applieablt:) 7. Proposed Street names {if applicable) .8. Site D~velopmentPlan Number (fOR EXISTING PROJECTSfSlTES 00rL Y) SDP 9. Petition Type - (Complete a separate Addressing Checkl1s1 for ~ach Petition Type) DSDP (Site Development Plan) o SDPA (SDP Amendment) o SDPT (SDP Insubstantial Change) o SIP (Site Improvement Plan) o STPA (STP Amendment) o S~ (Street Name Change) o Veg~ta.tion/Exotíc ('leg. Removal Permits) o Land Use Petjtìon (Variance, Conditional Use, Boat Dock Ex!., Rezone. PUD rezone, etc.) ~ Other - Descríbe; 2005 Annual County Irair 10. Project OT devdopment names proposed for, or already appearing in. condomÍnium documents (if applicable; indícate whether proposed or existing) o PPL (Plans & Plat Review) D PSP (Preliminary Subdivision Plat) o FP (Final Plat) o LLA (Lot Line Adjustment)· o BL (Blasting Permit) o RO\V (Right-of-\Vay Permit) D EXP (EX'c~vution Permit) o VRSFP (Veg. Removal & Site Fill Permit) 11. Please éhock One: 0 Checklist ì$ to be Faxed Back ~Personal1y Picke-d Up 12- Applicant Name: C(}llie.r County Fair Phone: 239'-455-1444 }:"'ax: 403-2366 13- Si.goature on Addressing Checklist does not cOIlstìtute Project and/or Street Namø approval and i'5 $\1bject to , further review by the Addressing Section, FOR STAFF USE ONLY Primary Number 3 5.\ 02 é"I Address Number Address Number Address Numb~r APProved~~ Da. -lz,.z..g-<.'>t 71; Agenda Item No. 16A2 January 25, 2005 Page 8 of 27 Exhibit "A" . Part ofß)oek 489. North GGklen Gat~ Unit 2, Collier County~ Florida All that part of Block 489 of-North Golden Gate Unit 2~ according to .the plat thereof as recorded in Piat Book ·9. PPge8 29 through 43. Collier C~unty Public Records, Collier County, Florida and being more particular.iy descn'bed as fullows: Beginning at tlx:: Northwest comer of said Block: 489: tœn£e along the Northerly line of said Block 489: South·88'OS'24" East 2012.89 feet; thence South 1'53'16" West.1l$4.51 ·teet: thence North88'08'24'~ West 203R.4 feet 10·the West tine of-said Block 489: thence along· said West line North 03'2T4T' East 9-14.92 feet: tbencecom.imre along said West line North 01'53'16" East 269.95 met to the POINTOFrnE BEGINN1NG ôn the parcel herein described: subject to easements and remri.ctions of record: (contmning 55 acres), Less the followÌnB~ BECiJNN1NG at too Northwest ¢OIner ofsaid B~·489: thence akmg the Northerly line of said Block 489, South 8&'08'24" East 635.75 reet: . thence Jeaving.said north line, South i ·S3'1~ West 800.00 feet~ thence South 66'02'53" Wèst 423.75~n thence South 1'5]'16" West 200_25 feet: thenèe North 88'08'24" West 279.78 feet to the west line of said Block 489: thence aiong said West; line. North 3'2T47" East 914.92 ièet: t:bence continue a)ODg said. West line. North 1 '53 ~ 16'" East 269.95 ièet to the . ..~... ·pòint of Beginning of the .parcel herein dcscrihpd: subject to ~ and restrictions of record: (oont~jnrt'lg 15.0 acres more 01" less) ~ (Demised Premises Containing 240 acres) ¡;/ID + [)O~/o{)ifÒðC).'1 i I . ; "'J!'" .. ." v ,..", "Defore C011:::JJ.ët:.inç: Petition.. ,:;ì"~ ;":$ ~opy: Pe.tit1.one.rV'j~~~·a;·Y'25! 2005 co:~y: ,( 4) County I-!aTIa9eJe 9 of 27 Or~g~nal Form: 1~/4/ï5 '. CARNIVAL OPERATION PETITION PE'l'rrION NO. .. . !}ATE: /ZjJófti PETITIONER'S NAME: (jðll¡'~r t4~nfy iÎ8rìGtllfv~qjh/r <rcx/.. rn~· PETITIONER I S ADDRESS: ~ 5 J .} Cjfi¿ .,1v, AlE Nt{. ~ ItS, f-L 3L/1 ZD TELEPHONE: ~3C¡~ ¿¡ 55-Jf44 I ¡- PROPERTY Ow~ER'S NAME: PROPERTY OWNER'S ADDRESS: TELE:PBONE: LEGAL DE.S CRIPTION OF SUBJECT PROPERTY: J2./.£4.5~ ;:j ~ ó e.X/¡ ,) /1 4 , , GENER1!¡,L ¡.oCA':CION: fhjJruA.~ fJ,/{¿;/ !l£Jftk G-ð/den 19a-fe.· CiJRRENT ZONING: CURRENT USE: NATURE OF p~TIr;rION: 4nf1IJãj r?1)1J_n~) tiu' r Polio ~ O"()dJOOt¡OÓð! - THE FOLLOWING .INFOroL1\.TION !S INCLUDED IN TRIS PETITION. . (FOR EXPLANATION, SEE REVERSE SIDE.) 3.a. X 3 . ë. 1) 'i 3.e..-4) X 3.e.7} ¡( :3 . b. )( 3.e.2) X- :3.e..5) /- 3 . e. e ) x.. 3.e. )( 3ooe..3) X 3. e . 6) X 3..e..9) X· J.d. X Comments: CARNY~04-AR-7015 Comer County Farr and Exposition DATE REVIEWED by Board of County Commissioners: ðPJ:2.. :t::.9~-=' ~~: '. . .Disapproved: conditions of Approval: ¡ .-/' SIGNATURE OF COUNTY :MÄNAGER " .. :r: ~ . . 'j,~ ... Exhibit ~'A" . Agenda Item No. 16A2 Januarv 25, 2005 CARNY-04-AR-7015 Page 10 of27 Collier County Fair and Exposition Part of Block 489, North Gokk:n Gate, Unit 2, Collier Coumy~ Florida. ÞJI'iliat part of Block 489 of North Golden Gail.7 Unit 2, accordÌng to the· plat thereof as iëcarde.d in Plat Book 9. Pages 29 thm ugh 43. CoIIær County Public Record3, Collier County, Florida and being.more particuìarjyd~d as follows: Bßginning at the Northwest corner of said Block489: thence along the Northerly line öf said Block 489: South 88'08"2471 "Bast 2012.89 met; thence South 1'53'16" West 1184.51 "feet: thence North 88'08'24" 'West 2038.4 feet to the West line of said Block 4&9: thence along said West fine North 03 '27' 41" Best 9! 4.92 roet: thence continue along said' v¡~ line North 01'53"16>0 East 269.95.fu:=t to the POINT OF THE BEGINNING on the parcel herein descri...bed: su~ect to easements and restrictions ofrecm~d~ (CO:1.taicing 55 acres). f Less the :fuJJowùw:: Bf,GlNJ'.¡lNG at the Northwest corner of said Brock 489: tbenœ aJong the North=ly line of 3.:ililIÜock 489, Süuth B8'Gg'24'~ East 635.75 fed: thence leaving said north line, So.uth 1'53 '16" West 800.00 :feet: thence South 66'02'53'"' West 423.15:n thence South 1'53'16" W~st 2úO.25 reetz· thence North 88'08'24" West 279.78 feet to the .,.~ ~ofsai{:r-Block 489: thence along.said West line. North 3'2T4ì" .East 914.92 :feet: thence. continue along said West line. North 1 53 '16" East 269.95 feet to tire .. .._~ Point ofBeginnÎng of the pgrœI herein d~n¥: subject tiJ easemema and. rem:rictiúns of record;. (containing 15.0 aCf.':S more or iess) ~ (DemÏs8d Preroi...~s Containing 24G acres) ):¡} 'î -¥" ,/)Or2 ) OtJ Jj i)ûcJ. 9 ;O/U U . " , .. ..,. ,. . 29.th Annual " Collier Cou ty . Fair & E n .~rlc1.Jltufal xposttJon, Inc, --...~... . -- " " Fobruary 4i1'_F Ib ColJier cmm~ 13 ,2005 H S46 "J lIuground~ 'NY" , North Golden Glide Naples, FI ) I ..."." ,j':":¡'(0d ",.,;1'1 ¡'" ' January 25", 2ÕÜ5 Page 11 of 27 · · · \~c ., 0.1 L() I"- «00.1 wo_ "....0.10 cilÔ0J ZN~ E'èo; (J) ro ro . ~;:¡o... -c ro ro v-, c (J)' 0; « NJ~. '"""r ~ ,i .~_ " 1.-1 ~ I ";- i ~ /'&"\. žj ì . , ... ~¡ ~ L-_~~~~ ^~MúIV>l ~, ""'~ ÐN!d~ ^~~~__~ ~~-o---j if ~ ¡ I ~~ 1_ ,~ 9'''9t) r «:i:! 1 'í ~ ÐNI};I;WMtr;~¡'¡MC> j ~ H~ i ! I ,,~ i! ~J ~ ¡ ~ ~~ V~ i~' :,[I:H ~~Fs ¡ ~ œ I ~ :d ¡lJJ L!J:ã ~JE! 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I I ..+... .... i , ~'1' .~.~. .... . i j I I j I I I ..J-. -- -' ... ..__, ..0 . ..... ;-,':..,?,:9 I ; CERTIFJCA TE OF INSURANCE Aqen~~~ rto(u.~~J , l063f:ia Ja uary 29/~f4Q~4 ¡ ÞRODUCER THI$ CERTIFICATE IS.ISS\JED A.S A MATïER ÖFaIWO\i~T:ð~ ON~Y t: <K X Insu::-ance Gr-C-:.1p, I!<c. A~D CONFeRS NO ~IOHTS UF>ON THE CERT1FJCAïE. HOlDE:R. iHLS :'712 Magr..a. VOx r,'ay CERTFflC.A.T:' DOE.8 NOT A.MEN.D, EXTEND OR AlTE:R THE , P,O. BÇ>X 2338 COVERAGE AFFO¡:¡DED BY ¡HE. POLiciES aEõ.LOW. j ~o~t Nayne, In 4.68Gl COMPANIES AFFORDING COVERAGE ! I ·INsURE[) COMPANY A LETTER GREFl.T .~>.ŒRIC],,N ASS~."KA:r'¡CE cm,!!?;>. ÇOt.:':ER ~O~;TY AGRICUL~GRAL(S~E GÞ.I3 OOl) 7.31 39TH AVr:!~UE, N. E. COMPANY .s NAPLES, FL ~~12 D LETTER COMPANY C LETrER COVERAGeS ·1HI$ IS TO CERTlfV THAT THE POLICIES OF INSU~Ar>iCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE F'O¡:: THE ÞQuèv : PERIOD iNDrCATEO. NOTWITHSTAt-IOING ~y REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHE.R DOCUMENT WITH RESr>r:cr ïC ., :WHICH THIS CtRTIFICATE MAY BE ISSUED OR MAY PERTAfN. THE INSURAm::E Aë=FORDED BY THE POLICIES DESCRII3E¡;¡ HEREIN IS $UBJfCT T(J ~ :ALl THE TeRMS. EXC.LUSIONS AND CQNDITIQW;:! OF ~UÇH POLICIES, ~IMITS SHO'Wt{MAY HAVE BEEN REDUCï::D BY PAID CLAIM.';!, çc, TYPE OF INSURANCE POLIcy NUMa-e:R POL.'CY EFFECTIVE PCUCY E)'.P1RA.T,úN ' LTR DATE <1Wv\'tJDfVY) DATE (MoI.UDIY'1) L.IMITS (inlhoUS8nds} General Liabi lit;' 12 ; OlAr1 ·:"2, 01ÞM ~n"r;¡1 Mgr<:~a!{: 1$ NONE : riJ L:Ol'l'lmercial Ge~ral Liabim~' PAC05.90752702 4/15/04 4/15/05 i Prcducls,.GomplCpB Aggr<agsle -r $ 2-. 5000 o Claims Made f.UOcc\lr. ¡~r><oltal & Äd''\!!l1lsh;¡ I"jury [$ 1000 o Owner'lIi &- Camæctcfs Prot e...~h 0caI.,."...,.. 1$ 1008 0 Oi Ie [)¡¡rn~~ (AA~ one fire} $ 300 Medicsl E.pel1se (Any <:>ne )et'$"n} . if. ::; , Pal Licip,,"1 LBgalliBbjli1y . $ '"n" , : Automobile UabiHty Combin..d 12 ,ClAM: :"2:01ÞN o Any auto 4/15/04 4/15/05 Single S 1000 A 2JI.CO.5907S2702 L.;n'llt 8 AU <Wmed ~~1os Bodily : SOt)¡e.:Uled ",ut()~ ,,,jUT)' I (,;." D9!EOn' ;'¡; [X] Hired a.utos , Bcdil~ ~ Non-<>wned al.Jtçs , nju,,' it""" "cci<lel1t! $ B Garag.e Liabilft~ Proper!)' D,,,,,"'IoI" $ E((!e.!i1õ Li~bimy ·12: OJ.hM 12;OlAM E6ICh ·Ag9~;dc A W S':'R.A¡GHT EXC0590753D02 4/15/00:< 4/15/G5 ~rt»ncu < : . 6(] Other than Umbrel¡.a:forl'l'l i $ 1.GOO $ 1000 W~rker5' Compensatlol'l St~Lltc-ry and $ Each Accide..i : Employers' Uablllty $ Di.....sB-PDli~ lim~ , j $ Dlaaœe-E:n.cl1 Etnpl~ ; AD&D :; Partidpant Primary Met;lical $ Accident E:>a::e6$ Medical $ : Weeoldl' Indemnlt~ $ X DES CRIPTION QF OPERATIONS..LQCATIONSN.EHICL.eSlReSTJ:<IC'1'IONS.'¡)"'ECIAL ITEMS : ?HE :::E:RT.IF.'JCATE HOLDER IS LISTED AS ~DITIOR~ INSURED. BU':" ONLY.HITH THE r~SFECT TO ~=ABILITY AR:SING OUT OF THE Þ.CT!VITIEt OR OPER...!>,.TIONS OF THE N.AMï;;D :r.!'JS~ED CERnF fCA TE HOLDER. CANCELLATION $HOUL.D ANY OF THE ABOVE DESCRj3 E 0 POLlCIE.S BE BQ.1:t."W OF COUNTYCO~~~I5SIONERS CANCEllfD BEFORE TK", EXPIRAiION'DATE THEREOF, THE 3301 EAE T TÞ.MJ;lIMI TRÞ...IL ISSUfNG COMPANY Will ENDEAVOR TO MAIL 30 DAYS NI\.PLES , F:LORIDA 341:'2 WRITTEN NOT¡C<;; 10 TH~ Ç';;:RTlflGATE HOLDER NAMED TO , A"I'TENTIO!'J: RIS:K ~SIl.GE!"ÆN'T THE LE!=T. BUT FAILURE TO MAIL SUCH NOTIC~7HAL!.. IMPOSt;. NO OBLIGATION OR LIABILITY OF AN~' KIN· UPON 'THE I CQMPANY, ITS AGENTS OR REPRESF.NTATIVij, '" " pn-URIlE:>REPn=sëHïAT'i, K í71 VI I 1 I .. ~&~ ' VI I S"G¡\9 7 é/"'"~ ~ 1-f¡2 ..,~ ~~ it!1: PaUCIE8 OF tNSUF4IANI::æ UST!Ð I!ØÞN HAVE IE!II ¡I!IWI!!" TO 1t1E! INSUM!D tw.1ED A8cMi¡ fQR TIt!. P'OUCV' PlAte) 1NDIc;A: I'fCtI'IN ffi.tANClMi IWf JlEQUlRIiNI!l'ff. Tl:PlMOfUXJWIT1QIII OF oIftYOOfttßACTœ O1HeIU¡lL)cUllENT~ ~rWw;tCH mlS CER~'TEi 1( 8EæsuBI)CP- MAY ~!lk!!!!~~ B'l'1IE !'Cil.JClIii8'DS.IICfUHt'JI1IP.ÐN IS 1UIJECfT''ro ÞU _ ~I\I$, lXCUJetOWS 00NDI11OM6 or: SlJ'CH POuctD. ~T! I..IIII'T8 flHCMII\i MAY t1A.~ UEN REDUœD BY fI'IWÐ CVII"''' ' , , . -- ' ~ ,. -"'" .._._~'. -', L ...,.. '~ :Blue GraBS "Saows, Inc. I P.O', Box 752-44 . Ta.m.pa, FL :33-675 !N~M'FámINØ ~~..f J!!J!.!ftl.ði..:r: R. E. Insurance INEJ..IiIiit !L ~i~-' , -~- ,''''-'-~'' IN!IUIIEJ{ Ð: M4MP368~ 06/10/D~ I: ! : i! I ¡ II . :1./ fJOO, 000 . SIL DOC l/Q.¡;¡.O,OO-O ;, ,I ¡,OOO,OOtl AU.~~ IiCtIeWLm.NJ'l'Ql!l ~MtOa ~1II!Jœ , I " ~ ~'I'~ C/"Ir~ , IICI;IIL.'I' INA'R" .lJ"tr~ ~ 1IIIðIII!Jt'!'r~ ] ""r~ . 1 ..~ t)!DlXmIU. i I I , I i ~ I ; .¡ I; II : j ! I : ! , i i I j I .! ~.....urr ; NI/'f "'\110 ~ ~fI'lI.loII.-.,y , ~ 0 Qt..IoIIä- ; --_.~- .~~ . /IW~i'Æ ,~~_DCI.JIIIIJ:IP . ~_ot" , DAI8 !. . :II!I01III'1IQM Œ QpIiMJJ(lB '~11aIUi ,WIIIICI.II, I!IItI:WllØNl AIXIID I'f..OiIIIBìIIIIII'r......~ Bffect:.ive f:%:om through 2/04/05 Aðditional '2/~J./Q5 Insured:CO~IER COUBTY FA~~ B ! ~O~~IER OO~ GO . CO L!'ß CO'UJII'J:Y BOARD !' c::o ISSX'ON'ImB AS RBSP r:TS TO T1IB OP ~I01il OF THB !IfStJRED . II~DII!__ . 10 ~tIImI!II H"IWIIR to ØO> IØSIL1U 1f8,U1Wt101! :LL COUNTY AIR BOARD I . COLLI:B:R COUNTY ·GOVERXMI.m'T COLLIER. COUNTY :SOARD OF COWIISS:rONERS -- lil.COItD 25 41N1M) -,; ....- -- .., "" . () Agenda Item No. 16A2 THE COWER COUNTY AGRICUL TURAlLaJllMRS. 2005 . -Pa~ë '1"6 of 27 . and EXPOSITION, INC~ ~r c.-, feir Collier County Fair 751 39th Avenue N.£. Naples, FL 34120 (239) 455-1444 Fax: (239) 455-6701 Activity Description List I. Blue Gœss ShQ'(ß A. 25 Amusement Items B. ConcesSIons 1. Cotton Candy 2. Popcorn 3. Candy Apples C. Games for Prizes JI. Displªy: BQ01hs A. Red Cress B. Ham Radio C. Mental Heatth D. Animal Care E. Civil Defense F. Home Economics G. Mmtary H. Emergency MedicaJ SeNices I. Women's Club J. Petting Zoo III. Exh~b its A. Agriculture 8. Uvestock - 4H I FFA C. Horticulture D. Arts E. Crafts F. H ab-bies G. Culinary Arts H. Canning I. Clothing J. Ornamental IV. Concessions. Local Clubs. Oraanizations & Professionaf GrouR$ A. Hot Dogs B. Hamburgers C. Sodas D. Hero Sandwich E. Candy F. Cake G. Ice Cream H. Foreign Foods I. Fruit L DEC-1]-2004 ~A~ ~... 09: 49 AM ~¡ASE MfìNAGEME i1 FAX NO, 238E498J04 o . I ~ I i~ ~:; Q4~ i '.../t"\,,- I, VI":\"-:' ',: I I " .:, .'.. ¡ .....11 1-'" ~ ; I I i' ! i I I I i I ! . ,...~;;..... ;..- January 25, 2005 Page 17 of 27 ...I.....,....~.._.. III.II._"'I"'II'U~_"III'" .................-....-.-...--..-....--....-: . L 1'tiY#'ORAItY tc U.·QFF .AGReEM'ENT ,¡ I ' ...-.....,." -..."'.,-,........... .....~.. .............-.....".....-.........-.........-........ l ACC'j? I Weal. :1 IMnflgC'ment"nç of Florida 4500 Eac:hangeA-te N.øl..., FL 34104 PhCin.(23C1} 64g..2212 Fax (239) 649-5644 í De:1.1Vi.RY DATE COMPLETION 01f26105 INCREASE I I· I \ I;' ;: 11:':E i De:;~ I Roo, ~ .. ~ . Laul i ¡ 019 Out Charge: 1i76.00Ihr ~lIIUrntglill ~rt Til"l'llt: $75.0 lit our ~ F-.; _00 Bloolwd Cmu,,- F"~ $lS.ODl~~C8 UnMf& tG HilltJl èh,!II" ;: $'1OOl&ly we- ca"'t ~ul De~ C41~tfcl $ SL bjlIQ \10 fu.J surotI8Jge. . ~- (~O) ~~II'QI.~I~~~_F_N1I $EI"' ADDR . '161 3t AVE NE err' . IT ZIP NAPLES, FL 34120 - 'I ! ACCOUNT NUM:BER CARD HOLOER NAM E 'fVplE Of: WASTE: DELIVER 'fHREE 20YDS - ANN ¥aLL SHOW YOU WHERE ; "TO PLACE I rt(ll .' 7W{) E ¡/r !s $/¿ L éb:)-ðS - ¿J ç [1N~ t:OD! 'I'tI PO#: . JOB i~ -.....-- rnsp SITE: REF I': D3);HWS2 ~3g-45S.!'ß.7P , CREC¡r: MAP GRID; 8818 J ""'f'I..... ~: OJD; -~ ==::1 ~ } ¡ 1i!,1'gf; DaIlY, ')I;p Cf1¡¡ Tonnage Cap I OIIera;¡B Ct\arge ~~I, ~ <If P ,11$ , ',00 35.01 $ I j . WaISts M¡¡IIoagement. ~.pn¡!I'.!'Itatlve Date 12/10104 _ Name Print CH RISil EPpeRS ON 6' 1 __ l'EI~MS AND COtIDITIONS ~: ;_ _II P.JMI'Ient. ~s1Dmer shall pay C~mr.r:iwr !or tM ~iedlol'l EouIDmM'It. A) RBsponslbllìty. The Cllqul¡)rn&trt nm1ished. hereu:OOe1 b)' 21/11: poIIIl ~.a by C6tmlCIOI' induClIn¡¡ allY (tgCl4. I'IISpm, blDe_ CootraClOr stIaII rem<lnfþ the property of ~onlNl~Qr, nawever, Cu¡¡!omer GCr:ç If .~J ..... ~ieøoa.l Oh2lf131:S tø~ 1St, bul not )I" ~p(lld b.' aaknow1edges 1tIat ~ has care, cuslociy and aJntroll;lf 1;11e i¡C1u~ment v.t1ie ~ , Cuaa.1 .r ItI ~ftCIr tö !tie d.aull!!l of Cl'la.'gèlò st1c:MT1 or j;¡e lop N C~stom"s kJcatlon and 8ICOe1)Œ I'8SpOn,lbllity for aloss tcf damage t~ i porti øi N l,greetnel'll Flit 1111 amoun,s bNlecI, r..~eM 'SÆilì bt:i In !ode b~ N equi~Mt (~l for t'lDnnal WtIIIr arid teø;r or for toss. or dimltll~ . I CUll" If WllI'Wn ten (10) ChlyS after ~p! of ar I invcice from C)nl racier. resuttiJJ!i frcm Comracta's h.nclll:I O'Ilne eqUiprv-em> and fçr it$ çgn\el11i. 0;.1'111 40r I'IWI>' 1m,.., .JId CUSl'llmer agree.!J jQ ¡:1liiY, a late fee ¡¡: 111% per CUsbmer agre$ oot to over1ølld (by weight òr wlu~). mtW.e (r 'ilbrr 1110 a1\m' Or. If "'1 thIP ffill"<il'llLlf11 Rnil ill!Qwed: by ¡¡¡¡plic:aÞe 1_ 0 1 Á t: ça~ ilq!.Iipment, and sha~ \lee the tQloIiPmIInI Or1l)o wr iItIõ ~per and il\1.fll'ldeð &II .'. f""'~' 111 1M eII'Ot!I ltial 011\'; fia)'rr\.tt't 16 !'¥:It mag$: \1\11S11 Ó\le, . purposa. CIJ$tO'r.$r t.I!:!I'IIES 10 jMII.ml'lll~. d......M and hold harmless COM', mr t1'Ilt)', II t'I\8 ~Ie trdal'\. hWf'I\Ïnst.e ÜNiOe$., reèower all past due (;of'lll'adD( against an clairm;, èamagllE. .... penallles.. fi~ and IiabAilies ~8)lrI" . 'tlllII1d mc:wer 8n')' cqujpment bum Ihe ;¡re lIIilleS. für injury or óea1h lei peI'itIOOS or 1085 or <l8mag.e w ~lWerty 8Iri$i1õ9 OI.It 01 Wul! . MII&.EIIL CLl$lÐmet ~IS and, wal'fal~ thal N maerials CU&!OMêI"s UII8:. !t,'I.æioB Qf pø....h)( cf \fios¡ B<¡uipment, plliC»11 n1he equlpm8nt st'I21 be"'WaS'18 matlll'lal" . s cl8fi1'léd Aeretr¡ atI ~ ¡hall Bì ~.,. C~r '0.,1 !g provide unabs~NCted aooes~ oOOI'1;¡ '(; other &/AIS:iilnœG. The 1etm "waste rr;aœMl" 2S used in these ttI Ih~ 8Quipmil{\t on till! achecMed eoll&clio,., d:¡¡¡y. If 1ne ~LIÍ¡:¡ment is. TenT!: atld CMtitions sr.all mBa>'! s:t1ijtJ wat;\.e ~raléd by ; ~¡'IOmèr irllÇt,IIIØIIÞ" 10 ~illIl tl1e regulllr~y acheoduilil¡;¡ p~ uø c.mnot be mad., t:lr;å: ; OS rlldiœ¡çt¡ve, ;ollltiIEl, I1jghty IlalT1l'Jl8bh, expœi1Æ, ill )medbil, ';i!fI~Of 111111 :Ilatnpllf haPly the CÄJSIOml!Jr anj af\o.rd t~ CusIl'lW¡ot ~ inle~l! IS., tDIcic:, or DiIZ.8rdolJS materiøi. 'The tem'. 'tIa~oos mati! riB' ~ail rlloUC_t. apX)rwnlty 10 pr'O'Yide. tM ~ and reschedule 1I1e (lBMeI!, j¡d.w, but not be limitec tr;:o, any arTIQl,II1t of øste listed or chlra¡¡j eft I/:d a~ I'IO\I/'MI!!!I'.. Cont!aC1t)r viII1 à\argé an adodi'1iona! fee as ~idid for ¡,., I~ )Z¡¡I : oIlS by me United b'Talfl¡ l!n\IiIOtIlMAtIII 1~1óo "l1li Y .)' *n~ stf1et1ute of chRtge5 !IS :sr~ on the t()! portign ~ 1I11ø !greøment. fer "'w I mICIy pc.If'iilllnt !D tl,. ~ C::OnMI\ri1Ion ;1'1ð I'ec»vt Iy N:;t d :::tJ¡tDrnel"S taikJra tò ~ro~ld& JnlJtal a=tR.. 197';; :/\ en.ablDd or _plll=-Þle ~ law. ~~~r';~ II'o8N &:\:ILlI"II, ~~Ie 1Ð AJI:øt_ J:.es. In the evt:11t c( breach of too Agreernen_ by .iltter pal1}'. ~ 'CQf1:c "Ing.w.asI.e maU!t1al_...III~re~ íI'IIQ(.øo.:~CIOI'$1I'uCII$.. r/tkr1t1 DrellCitlln¡ periyalllllll pay 1I~ 1\185t1m11b1e ElUomey'r.1eal>;\tIeI (1011.1,$ of the .II1lO;. . 'IIi)' for any waste e:Acludr:d above ~11 "'~I~ oMth ClJI~~ ~ &I'd other peftjI ""*Itr'lt to any a~ioro br;:>ught w enflxç¡¡¡ tt1ø f\g~(t. I., the C<I$I. :_ ~~ iI9~ tr;¡ dii4v~, mœmn!fy .nd ~lcI. bI! mllnll t~Jflt CuttQl'lltlrMlit!! to PItYCortr~ell.aRlQI,1]'It;s wt!ièh Per:::à'l'll!J 1k.J. Ltnder Coilll .lOr ~ and against any and alf dam8l~, penal'líes, ,lnt6 and 1/"111 ~, CUIiIomør 1I.gnIè:ö to pay, in ~n to 111. amouf'I! dllt:. .ny I.a:bi I. .l'!iI$Ctjt'IQ Ir'om or àl1lõ1l19 gut Qhw::h 1MII!ilte ølWi:ur;Jeod WCWil Ii: r\(j all 00IIt inaurl1lCl ~~ CoI'Itr'adiol' as at result of su¡;h ~ilure ~o JollY ~:: !I§ M1d PaddIu:I ArMII. CLlStDmet; warr.IPI~ mat ~ny rig II .~ -.¡ Incjutln to 1M IIJCtent ¡:teIII'I1t1ed by law, felllSClf)IIþilt atwmey fr¡w. ' prOlll: 'by Customer for CoI'1tractØr's equlpmef\1 Is~.wff\cient to ~ar 1m ã.trcu-G ~. Neilherpal't\l hllrecD snai btdlableb lis failure 1.0 -'II: )f all CorllRu::ltlrit \!Qulprnillt 11M vetm:lH J_läaniiÞty re ~ ~ 100 perlarrn Of ðaJl.y !!II C>l'l'l'\lfIOI tIoereu~.r (t1J8 !t> O;:Intm.gencles oeyoo" it:!. Þel'fe. . ~ -"'=". ~n c,~tra.ctled. CÐnttacklt ~1IaI not be: respc ~ lit.. for rr:.5ICI~ coarottðllncludlng, bu: nð1.llrni!ed 10 s~, nets, :.ompliiil1r,:.e ..mh ~" , ·10 IIIIfY Pl\YBtil ~l1~mg surfltOe, pevQlnet1t or ¡,QCQffi¡:¡olf\' ~~) sui?' laws or gavemrnenl orders. inabF"" to acoe" oomlliroør TIt13e IW'Id acts of . stub,: of aJ1Y I'OIJ~ fNsc,M.I)ly I\IICIUIII'Y œ þll'for." lhe u.... llel'flln . -., øi :' corû,. ad arid C..aiórn.r'l;a,Il'III£illIliag¡!iti~¡; fQr(afI\!!I9'" 1.0 PrM;',e ~:ivi"9 9c1hnd wç"'tIofr;re ~ha1 not'QC;II'IBlIWIIUI II II.II~ u~t!'Irs~. 'Llr!31. " pavement Qr ooact ~cn aAU èl\1ire QQi1\ai!'lef pjacemer.; site. CI.I:I : mer Si¡;'nstufe /Î i . } _, .I C~,': ~/lsllJ¥ Name Print _f.fi.1t/1!-:.' iuClIt..A:Z :¡.uU!. ~Mf; COt' ·leT' --. . ---------- MARGINAL:::; i .·1 DEC-11-2004 MfMAGEhE 'fI' . .....',""'1 ~rd Gfj: 4£ AT) {IJJ~~3'?:: VII!~:~'::,' .I:~~, . .. "'" --............ ....1........····.....-·, ---..-.--..- ... ......-....-- . 1EMPORARY ~C'Ll..-oFF AGREEMENT ; ''''~I'''''''''"' ......""'.,...._...."........ ..... ..····-".."........-......·.-.......1.1.,---............ ........-4·..·..·_..._··....··....·.....·t 'I ACC'IW [... WSI; ; t Management 1nc Dt Flolfda. 4!iOC Exchan~ A,¡e Naples, FL 34'1 D4 Phone (239)'641-2212 Fax (239) 649-:5644 DEUVEftY DATe ,¡ COMPLETION DATE ! i ,i I i ! 2&3-455-6 7C .L COLLIER COUNtY FAIR NAME 7S! 39TH AVE HE NAPLES, FL 34120 l/AME S-.6-.ME \ÐDR1 ;Tm IU:T r- !' I Lap. I Cn. Si~ H~\ i Ralfjl P611ve,"¥ 1:1~ I Røtlj Cj 13T'96 Dally . 75D(~ ·nDO ..200 158.66 FAX ND, 2396483004 . p, 03 Agenda Item No, 16A2 January 25, 2005 Page 18 of 27 01122¡'O5 INCREASË !:nter CO # ~ CARD , EXP I ! i 000 ¡ Yes ' 4CCOONT ~UfllØI!R I CARDHOLDEi:R NAME r: ~ T\'J'ÞE OF WASTE: : rJELlVï:R .2QV.D ~LA.C! SV BLUEGRASS A~EA , L... I $IC COD! 111 .! PO#, JOB#; Dl8P SiTE: ReF #: U33-13492 . CREDIT: SIC: , MJôP GRID: 8818 D,It): Drs:! Chg 3501 TDnnag ¡¡ Cao Overage Ctl8.f!iIe !;!!, ~ M' "'-ils s [JIQ Out (:"~: 'T~IIÞli'!f ()BI'I'IlIlTage \V;Itt rl1'r>l:' S'T5..(. [}(t,out Ii_pot rBê: Sg(.OO BlodHId Conlatnør F..: t75;DO.Icer:urrenœ UnSllfe to Haul I: I1QtMay IfIIiI Ci1~'~tIaU t)epoalt CoIiø.::!lÞð:S Subj.,oçt tx>fueI ~~... ' --eRMS Aþ,JD CONDITlONS CIIa: ': 'S" .lId PaYtMnt, GLJIò1Om@f" snail pay Ccmractor rot Ih& co Iedion anG : . ~ PL'O\'ided b)/ Ccrrtlac:lCr including al~ dlgout. respo'. Hockecl CClf'I,: . er and/or excess disposal <:1Þæge, leviell, btll root. 111111' ~fd tI;y eu,,;,.. rer ill a~Ç$ 1;0 tl\E> ~du~ aI' 0I"r;M Iho""'I C< I ! ,.. top porli:: of 'nit; :iQl'l!IIIItMtIt, FCII" a1l amoonlS blll8cj; 1'liym8nr WÐ b! rnrœ by c~: 'ter 'Aflhin ten (1 O) (Jays after reœipt of an invoice f"m C ofHaw;r. C!ln" :wr may im¡:ose, IIIld CU3tOmer agrees Ig I16Y, a lale fef¡ 0' ~a% þer ~"n1 q, if less. Ihe mllKimum nœ .1Igwe,d oy ~ppliCable ¡aw o~ ¡ill ~a.5t (lhM! . ')'TT1Ii1rd:$. 111 tJlø. ....."'" that any paym!!lnt ÏO'i not I'I'I.tICI!I "hl'l'~ dU6. om !tOr mall. at ~15 l=i" ClØtion, t4frn~te ser...ices. ~r a~ pIS! due payr MInd r~1N' VI)! 1Iq1.l1¡¡mcm from Ihe pre rnÎ5eS. . WI!' ..!B!Ida. CU8Ulme.r. repl'IIWIlI .1Ki warrams that 1ne mHerlals plac; In N8C¡IJitJm8M Malt Þ9 "W:II&18 maletia'" ¡IS dBfl~ rwlrel~ ..rtt ~halr gg¡'!\. nQ aItw I¡:ÞflrriCls.. Tt. ttrm "W\I$te ma!e{ial- 116 ulil!1{ I( the$è TelT ane CarlCljliOl'llll 'II*'I~I I'rMIØI fQ1Mf ..ste g_tated b,.- ::u ~!.Omet' eite! . ~ ~iGllClllle. ~OIaQe, hl¡hl~ "mJDibl~.p;plœM¡, bi:¡rr~¡, irlfet:: JS-, to:.cic, or tJII:!!:8rdCLlI mlltMlll. The tllm "M&lIrUtU,os mlrlt ria" w~ in¢l~, , but nl)t be IÍI'11ÏIII:Id :0, EU1y M>Owrn gf WII$1iI: JiM or ch.r~ ~ZeoQ ~$ haz;' jus. by me United Staæ& Erwi~I1m"""¡ ~l'I)UICllol'I A¡JenI;y ·Jr· ðTlY ~~, JØOCY ')IjrSuE¥11 10 ttIe ~t1Urœ !))NMlII!ion ImQ fq¡ÇQ1I. ~ A¡;t <,Ú 1971;. "n @nablt:c! or applicable stile taw. COMt3010r &1\111 "~LI nt ~t. tl> è:Onf;1 '11r.; 11/'" l1'l.I..,.1 ~" It .. løcataCI Into Col'fltador'S tI\IOi...: TiUa 10 an<::' 'I~ for ..~ \\llaIe .~r:IL.lderJ M!1I'fe $1\3.1 reomain wJtI'I 0us11m~r aoo ~\:,: .,. jI:<pre~ ~~" jo- dlditncl, jl1tierr l1ify ~nd r.old h~ miJe$,¡; 'Con:: ,:toI flOm 8I'Id apin'" aroy .rId III ~m.ages. pemMtæs. iDi ~ 8M ljabili I : J ~ng fJram Of" ".1"11 act of ~ wao. OJII:IMdftl:!i abovE _ IWI: ..... .... ~ A..... Cusccmer 'o6Ia1'f;w¡t¡¡ 1haI: a~ r)ç"lt 01 way ~rO'l'j; : a íty C!BttImer fDr ~a.ctDr's equipment is stlftici~ te b,,-ar me \WI" of 811 Contr.lctøJ"$ «I.IÎ~~I ;IM valliCII:1I> reasooacly n qL irecl 10 ~: I ' !tie aeNlce hmln t;onhCled, Comcror ¡lhall nol be respt nsible tor ~rroll , jg !OIly ~. drTllir¡g ~rfiIOe. J1iWem.nt or ~po;o~ ling SLi:1- 5\1rf~¡; . af III'If' =I~ reasonaliy neœäary Ie ¡;e.1orJ1'o the serwi;le tle:'eÏn clJl'lt·: :;$d aJ>(! CLl$Iomér ~stiLJ... al! lið.bi~ fòr d'.:.mags to p.'i\li II!! ,:jMrjI1r¡;¡ sLllf~.; '3, paveme<1t or roa~ oorfaœs ami entire ¡;Qm.ainer ~1IoemIK I ~II". CUI; 1m18r Slgn~t~re . 17 ¡ I , J ~. J~ Name ?t}nt ~ /)Jt(/lØ:: ....~ ~ Re~OI'IIICIiIIIy, 11'1& eC¡¡lIpmert. 1um/Sh~ hereunder cy C~Orl1r8ClOr 1n.1I I1Imaln the ¡r'QP4My øf C:or¡b!Ietq,. MwllWlr. Oustcomer IIdcnoWeàg:es that it 1\1111 =e..... cusIIXIY .eM GOntl'Ot of !he I!IIU~tt\ß'n1 \M11~ ~t the ClMùJmer'$ Iocaoon and accepts resp.D1'15ibility for all 10$$ ~ f.Il1I11ag1t to . me e(lujpmc:nt {~:t;pt for mmnal _~ 800 tear or /¡)r IQ$ or I2ama¡¡e res¡jti~ from Con~~s I".al'dtil'lg of tI'IB ÐqtIipment) arlt$ 1M b ccntl!H'1M, c.:.,,1CIIMr 1Ij''''» ~ Q _rloi1ld (by lIèighl or Vðlul'l'leo). MC>W> <),: ;aJœr !f'Ie er,¡ulpm.~ ."0 81\1111 un It'It ~uiØment !lnly fer .,. pro~r 'lid icnende4 ,ptlrøc8l:, CuSÞDmet agrees In ¡l'Idmmifjl, defend al1d hold' narmless Com/'aOO)r 1198ÌJ1St a~ claim~, da¡nøg&S. IlUtI$, ~I!iet>, finK and liaDililillt; f'Jr inj.¡ry or O~'1 !o poIIl1i'CQe Qr t;lis or tlalNg e' :.0 plopetly añslng CUI. (If (',usl.ome!'s use, operælon or passe$Slatl of thè eqtJi~ent. B) Aooess. C~m!lr a!š~ tQ p n;J...i~ ul'lóbollruè1i!d acœss tQ the l!IQuipm8nt 1)1'1 th~ lithllduled CCIMlc1i:Jn o.ay, If !tie equlpmerrt is inaoœssjbl& SQ tnat the tegUlarly sche¡fuled pick ~';çannot tIIII m¡¡ti~. . CDntradOt 1oIIt~ prom plly nolify the Cus1t:lmef emd ErfJord tœ CUO$tome.' a rea~tæ. gppo:1W1ily Q -pro'l'iœ ~ ~ a'1d l'$$Chr!u:tute the sel"lliœ. ho~ver, ConinlctGr 'fIiJ r;:t]!!t¡W an ,lnfdijiOrra¡ * at; ÞfOWed fOl" in: tl'¡e ~iJe I) (:ì¡¡)19ét> 3$ M!»w\ tin h.tt.lp pot'IÌCt1 of tN~ !lgreemef1t. fw Cus1DrneT'S failure tt.lprD\lÎde iriliBl acœn. ßdlIIfNIV 11_. JII the e"'i:{lI cf ~ cf"þ Å!;I",8ms!'tt by ~1b1er pæ'Iy, tho¡, , breachl1!! pó'I~ ¡¡ha~ p.íIo~ al ~blê attOrne~'t; fBes af1d cœ5 of the WIer Pi\Á:\" incide<1t to IIflY &Ctiof'l brnught lò el"lf<Jr'CIt !his Agreem:eru. In the. ev<Itrt CuI;\QmM 1ail£ bO p,ay OI:!~mr all amounts ...mieh becQn1ê> d:ue umi~r ttlis ~nt. ClJStCmer iglées ID pay. in ~dQ¡fio,.., to thl' amou~ Cuê, atry :and al coSlS irscUll'ed ~i CoFltrnCiOr ~ a res\.IIt cr. such failure to pay. if1Cluding to II'wI aoctønt permil1Bd by law. ~..sonat:le attomeyfees. ExCUNd Pelfermance. Neither I'a~' hel1õt!1 s/1ii:ll b4t liabiB ror iœ failu.-e to perfcrm or delay perfcm1111'1Oe hereunder [i1.'S I() CGntingenc:íe'S be)'OOd Irs reaStJI1iI bJe CllJrf.rol ìt1O/l,ti~. but na! lim ile(! II) &l.r1~ rim, CCf\'1pIiaIlDe with IIWf O~ ÇQ'tIIol'l'll'1\1101t "rtI'., INlf}~~¡I t/f atœ!S ~ttilirM!·. fi¡eij, .arid ae41ô of gO¡:!.nð 5U~ taldJre ar.arl not ccnsutlJœ a deálutt UIlClef thil> AgJ1:lefT1èn~, WastE Managemèl1t Rapreser.tatfv.e _ D8te 12t101D4 _ Name Print CHRISTI EPPERSON 511 _ MARGINAlS ,... ,:.~ ,_ ì. i ',¡ ,_, _ ¡..._:" ,...... January 25, 2005 Page 19 of 27 VII; [:>':;/.' ,~,~( I .. ~..... ¡: .\' .... . i '.. 'J';] '_". ......... . L 111 trum ...._. .." .__......-.--.---- .- .......111···..-··...""'·......'··-·-·-·..·-·······..·1 " ' fiMPORARY HO ~L'()Ft AGREEMENT ! ;."."..._.....1 n_'_........................--··....·-..·......···....·--·..··,--,-....·..···I".. ~ I ACCTï i ManeSet''l8f'lt Inc of FICllld8 4500 ExctNIn9" A'. N.plel!o, Fl341 04 ~ {2.3Ð) 649-2212 F'ax. (zaP) 149-0844 DELI'ÆR.Y DA"T!. l COMP1.ET10N DA.~ ,)1/12/05 r ~oc I' Yn! I ACCOUNT "UMElE~ (;AIIPHQI..J)!R NAME 1YP'E Of' WMTE; OELIVER :!OW PLACE BY L1VESTOCK GA1ë Wa~:I', COLLIER COUNTY' FA1R ACe I NNoAE ADQR 751 3Q'rn AVE NE ~. NAPl.ES, ~ 34t20 IT ZIP . ""'! "y . ~~~~~ ~!=39045s.s7Ò¡' ~ ~. w - :: ~ EimerCC# 1·::0;1' , i ,I , - 'lAME SA....! -:3 'LDDR1 LIT "I 'IT ZIP SIC CODl; 79 þj$P liTE: Ft:EF'II: Q;13.-15492 PO#: (;RfDIT: MAl' GItJD: 8B18 ::::::1 JOB 11: SIC: n}l): IrgfJ Caily Disp CilQ 'IT¢~~ O'æt1ll!le Charge ~t, . 01 p.,.u. 1.00 35,{)1 !$ < ¡ i I r;; -~- O"'_~~ 1·- 200 T 158086 75.0C ~ 11 læ1.11 Þlg Oøl C....,. r 115.01111v Délmurrag. Wa~t TtrnfJ':,$15.0 IIh DWI' Rwpot Feè; 11».00 .~ t::ø~nlilr Féé: $15.OCIiÐcc:un'ðnce Unsafe II) Hliw , C~I'; ¡: $'ðOfd~ wr.,~"'''t "..uIDepðllIr.CoII.Kr.td $ Svb.'tt tofu:el.tll'Chlf1I" "ElWS AND CQNI:lmONI EauiøM.nt. A) F'{g;¡:>I!l'\$ib<ll~y, The equipmliHl! f~rr1j~ t>en!:und... 1:1;' 'Clnlnilœor ."oIl HpYff1t the ptDtIeIly' of Contf1lcter, ho_ver. c.u&lcmer acknowledge! mat It ~ care-, Q\~Y 11100 t:;Q~F 01 tI'Io!t 1!ClipI'ner.t ~Þle 111 ttw c..ICGlm'r-. 1000tksll ItId ar.œp¡s r~pons.tJir!ty for a~ 1066, ft>r (ai\'N1g& te tile equlpJDl9l1'1t (ÞC.8¡:t1' rot r'101mll Wðar and IUr Of for Io¡;¡; D:' <h~r'ND& resutting frOm Garnt8Dtar! M,1dling Cf b tqiApmtm) and 1M ~s. CQnœru, Cæ!tIIIIeI' agœe.s AC4 lX:I,t>'\OtIrlMl~ (þY ~"'I Dr 1'alu~It}, ml>\lr:o W .Ite.- 11'111 equipmor!t. .n.d Sh.1I ".. 111. .~ul:l~ only fer Iþ PrQllcr Ond in1n1d,d p~rpoiIJ. C4J$IOc'Dßr a¡¡tees fa iI10ømru/y, /lef4'ttd ..,; l',glQ I'1l1!T1'1,1tlr. CDn4Iactar agalntt .aJI claims, OIl"Iages, GUi'~, !leMCOB$. tinl!l'S ! nd liabilities fer ioiu,\, II( ðeattI !C persDI15 or Iœ!¡¡ t;I~ CI.m.llø Ie> pl'\:lpel'ty arisl~ olJl of Cu~n. U.~, ~peratio" lOr ~i"l'I CI! Ihe ~~pmønl, . B.~. Custamer a;rees to. p"""iåe u11GDs11'L1C11K1 aa:8$S 1~ the equi})ml!ltit QI'\ the scheduled ~lIocdDr1 ~, If tho!! eø~ Is fNcœssible 50 that :t>e reg¡.¡l&rty $l:1'IètJ ulìlt1 p<<:k up cannot be møde, Co~ 'oI.i11 prol1'lptly notify ff'Ie Customer and 1ilf\Qr.j In. OIIli!Dmer ~ reá~ablé ~rtunll:y't( proviDe !he 8IX1èSS and ~ulÈl i1'18 æ'Nlœ, hlhlleWr, Canlnictor will çha~.. !If} ad~ig,l]>l1 ii9'EI .a~ provided fOl iin tl1e s.::hedule of charges ItS shewn 1)11 II'1It tc~ panior\ of !his 8gteem&f1t. fQ(' 'u~er, fallu/'ój to prO'llide i~itial acal53- ~ Fee,. In lite ever( of bre.ad1 of ~ne A9~t by f!1t.her I1'Irtv, the breec1ling party shall' pay air reason.ÞIe .t\CIM&Ys feel 800 coil!¡ or ttw oltler 1>arty ineiderrt 1Q any aQtr;lr bro~gl'tt Ir!! "....Dt~ tnffi Ä4!raement. In thoC 6lterJI Cu5lDmiilrfail¡¡ W PII7' Oó<Ilnaèla".a~ .al'r'OLlrll$.whlcl'l become åue un~1II' his Agræmen.l, CtI$UInIM' ~tKOl m ;:.~. 1'1 addition c¡ Itw _mount ð!.8, .atl~ .nd ¡;¡tt ÇQ$t$ in.cuMa ~ ConIr.i~J as . resur:t r:If iWdí1 la!luff! I,Q pay. ìncludÌl1i!1O the ..K2enl pelTlliÞed lYy lEI......, n!ll'iitonllcll: aUoméy 1eea, Ex-cusøc:l Perl<wmanø¡, Neitnlòr pa rty MrðlÞ 8h.11 ~ llatllto fo~ ~~ fa,¡ùo'1!J 10 p~rm <JI' dW.y ~&nce here~J àu& to COI1WD-'!'IIIiBe be)'O~ II~ r.tlafitÞ\i1bte ror1ù04 i~U'dil'lg. P1.lt I>Qt I imill10d 10 $ff'j(Qt. riots, romøliance Wlt.~ ~\oW Dr gawlT~nl ort!m. inability t(¡ acclnS CoCrI'".a~ner, fires. a'1d ,IiIØ ç! I)O Zlnd IliUch n.iklrest\a.e net constitute :a defaul! IJmWr1t!i\\. Ag~el'll~, ..- ~: i ,Ii' and Pavment. 'CditðI'Nl' tMII III'\' CCI ~ 1'« tI1e :G eclio';' and I; ¡~I )«I\lidlld by Can1I'111Cta1'.Inciuólng ary digOUl. ~ blldœl:i GOn"~i ~r and/or excess claøc_1 CÎ'ltI~ feYiød, bout \lot pr'~~iid by CU'5t:. '~ iin ~ilrJQIj"tt> h II;o1'I.IlIu" (If ¡;;t¡¡q¡M shown or 1ile mp pOI1¡': ~ thiS agnMcn&nl Fat ell arncutlt1I blled', l.aymem a~1I be made b1¡' CLISt:1 'eI' ViÖ1if1leß (~j) dlilr.¡ &ner tec;ei~ of I' irwoiœ fJom C. ~¡¡çIor. CQnll, 'Iormayjrnpœe, amIC~II~"stO :1II~r ,1*l'oIIe 01111.0/0 per .IIn[l~· or, i!' 11/1$$, !ha mamnum rate allCIWIIIIII'l:Iy ,JIIØllCatIIC laW 0 I .1 r;¡asl dull : I fMII'nt&. n !he 1!o'&nt thou any, r;¡ayMent is not maa W!el1 due, CoM-, : l1li' m...... _ * SI'Ie- QpDan. 1erminale sef'll'òœs, rel»\lef all QII It dl,lO pGI)II1' ,till and ~Yer any equipment from the pre '!IÏSea, W:u!1 ~ Cd$lJ:Imer reþl'll:llen1s aoo WIll.... that II'Ie' 1I\.1.,,;als paOli' ". WI*ipm$r'l.t shall be "Wa&I:B marerial" ~ t d«flned Iwnlil'! .1'1; ~ttll conD' no abler ~lb$tanØl's, Tœ tel'Jt1 'Wa1i1e rr.i\eIri..1" :j;i ~ II'> 11'1_ T m'I'Il' Iud CÐtl!liliotl& &haR ma.an SOlid was1At ge ~era~ by ,~U! LtCrner ~:L.: 19 I"8d¡l)acii¥e, YQI!iöIe: highly filAmJTliltlltl, Ii'~, tll.)rn,~!, 1t1fø1;¡ i III, tcu;ic, or hazardous mateJiaI. Ttþe. term "a:ardI:lUI mi. fi81 . f,hilU i'1OkJ: I ';¡l,It nçt bi limiWrd,o, .iIQ1y .!Ir'1CKJr'It Of wa$ liIit8d tJ( .:l\arollC1 Rtf!l:il itli. I\.IU, -.¡s by !he United Slates. =rwironrneOOll I~~ I\t$'( 'i ,Jr ani ~ .",ncY'!x,'I$UiI¡r'III1t.o IÞé Rà!iOUrœ Car'lti8Mti~ arod,f{III::OW ~ ,1.,(;1 of ~ 9n f1 fmabled or appl.it;;¡¡e .stale law, ~r1;¡;J eñ.l~ .cc¡...1 '4 ðùe tI> tDr¡~, '~na _18 malll!:riaI when a is 100000cI into ('oOntrltC1Clr. ~rucks.' :ide tc! lind' ,¡Irty far any wesœ ~~od at.we shE>lI ~~1'M1ti oM(tI Cust'!fI1'JI' .nd CU~;¡ '!II' iU:pressI¡t -ag_ to àll'f8rll, InMm~fy aM hClld h& mIess Coni: . 1Q.I' from and agair-.st flfI'j II~ all r:l1lm1i,4l" pe~11Ieu, \ inE ~ an(! Jj¡¡þil ;; rftI,IlQng frQf1'I or I!IrÏ$ing out oK =h _lib -=iiIJOId &Íllo~ Dd::' . laYS Mid P..ldna ÀM8S: Cl.lsÞne-:- 'MIrmnIlil1ha1 AI ny rig 11 ,If way prnv ~ by CusICme!' for ContIEtÐr's eQ~pment 13 8IIIIIc:í6rrc 'tP tJt: IIr tile 1oIeig' øf a.U OcnlractDr's øquipment ¡¡IX! 1I&r,¡eIU te8lCMb!)o I'II~L) red 10 pc!'!' tt1e sel1liœ 'nerein canlraCleC!, Cantrllcmr ~ ha~ fIQt W lØþr;,. ~ÌCI for dill'" ,to. øny pt~ !l1';"i,,", sur(aQ!!, ~~: or =m~:-IfI! ¡LIti· 1JI.11f.. 01 "1'1)' rouœ' relII5«Iatl1y roece!i.!S!lry IQ po~ the ~I~ 1'I.",ln con~, I&ð;trod C~er ôI;\S1.JI'I'Ie;S alll!ablli1)es for :!amage 10 ~riw.tle trivîn¡¡ IIUIÚ: ~,p.II\lerMn! gr tø!l.Q ,¡,¡rt'1tON and "m;re. Ctll ¡teiner ~mer I J;: be:. : ~-:om.Prinl (J/)VJú !Jv;bAi W8IJI.e'Mana¡,.gemen: Representative 081f,il1¿,10/l)4 _ Name Print CHRIS!' EPPERSON 511 ~ MARGINAL,~ ; 1C'I'=1/2:~,·~·-,· _~';_k'____", ~·:·!U -- - . - ~ p.c.G=: 01 Agenda Item No. 16A2 January 25,2005 Page 20 of 27 ..¡ J-'rý, Craft Inc. Portable Toí~ets. . "V/e're 11'1 in the·#2 Business· (239) 261~!3768 (239) 643-3281 Fax 43~~EI Enterprise Ave. . NapIE~s Florida 34104 October 21", 2004 To: Whom this May Coo.cern: J.W. Craft. Inc, will be~'~~uf'Plying2~ Toilet's., 2 Handicapped Toilet's, and 6 Holding tanks for the Collier County Agr1Ç1J l b trnl Fair and Exposition) Inc, T Q he located a.t 751 3~ Ave. N E. Napl~s, Fl 34120 Uw Co[líer County F air Ground:¡. .. For any further inform.aHon, you mity'Contact uS Monday-Friday Between the hours of Î:OOam to 5;OOpm. , ; j' ... .,....; $beriff. . tern "). 16:\2 January 25, 2005 Page 21 of 27 .SHERlFF DON' HUNTER 'CO.Lf..IERCOUNTY .. .... -,....................-....-.-..'" .........-.....--..-.-- . :)..~o~ TalTJl~m· Trail E;1l5" !llo¡¡ . J. t-ia)f-)~, r=L.3,e'12 :23Q) ?7.4·44!M WI'.'~!.cj)1Iie':S.')¡ri:ff .or¡¡ October 10, 2004 . Ms. Ann Ward Collier County AgrIcultural F ai r And Exposition, ¡nc. . 751 39th Àvenus N. E. Naples, Fiorida 34120 RE~ Fair Security . February 2,' 2005 through FebNsry 14, 2005 Dear Ms. Ward: The Collier County . Shariff's Office witt provîde security for the 2005 Annual Collier County Fair and Agr~cultural.Exhibit. Security will be per our agreement and contract which will bril1Q the Fair into complianc.e with Collier County Ordínance, Chapter 8 Y.., Section 5 (~). .' 1100k forward to workil"\Q with ·you at the Fair this year and if 1 can be of any further assistanCe, please call me. . /.-.........::---:-... .J~~ety, . . ,,---- --.::::~ ~--.L _ ( _-... r . .....,...,~. i7"''r-t__ ¡ \ . ,..f'"'\. . ....... E ':, -t--'-....."... '\ :" I I -', ""'''''- . '<~ì \)t, , \ b \lW ..' '"" D HuJe3' heriff --.~. iar Count 1 Fforída "'-----.... DH: jgm CO~ Sgt. J. ~er F11~I"r . ~The duty of the Collier County Sheriff's Ot!ice is to preserve artd protect the iive$, property and constitutionaj guarantees of al! persons.." 12/01/2B04 11:45 97754<1549 EMS Agenda Iter¡'b~ 1 QA2 Januar{Z~: 2ó'05 Page 22 of 27 COWER COUNTY EMERGENCY MEDICAL SERVICES _ 4.... .~301 Fa 'lImtwi ltai1· Bldg H . Haples! Pkaddl 341J2· (2~9) 174-8459 · Fu (2~9) 77S-44M I I I November 18, 2004 Coìher COtmty Fair &ard 75139~ Avenue N.E. NaplðS, Florida, 34120 Dear Mil. Ch~, Collier County Bme.xgcn~y Mrmcal Sr::("\Iíces is 100king forward to workî.ng v...ith the Big Co:rkscr~ Fire Depærtment. to ensure 1hHt the Co1Uer County F3Ír is provided wit1'). Adv2.D.Oed Life Support coverage. As . t.ndersr.aml &om YOU!' letter, YO\l are tequestit'1g c::overag~ from F~bru3ry 4tM _13111, 2ÐC5. As we move c10sertc the date., I will coordinate the. logistics with tho fire àep a..."'!m.e.nt, 1 u t fOst assured we ·wi.ll be 1here 1 n a man11.Cf simila.( to what we discussed in your p reI/foilS Board meeting. If.t can be of any assistance in obtairriDg your permits. r lease do not hesitate to call. S~ccrely, .f) _ 4A-'\ ~- '1'eWa.ge, Director ÇoHið1' County EMS .1PP/hb c (> l~~ u ,. c: .. ... 1, ,v -- 'tillv- CuRb.~LREvv iSLA1~D ,FIRE CONTROL & RESCUE DISTRICT . ' -, ' ,;anuary 25, 2005 Page 23 of 27 ',November 4, 2004 .B2MJ ImmoUkç Roed Naples. Rorida 34!20 , (941)3~8006 (94-1) 455~12()¢ Collíer Countv Fair 751 39m Ave NE Naples, FL. 34120 Collier County FaIT Board: , ' This 1etter is to confirm the commi1ment :&om the Big Corksc:rcw Is1and Fjre Control and Rescue DistrìctlV 0 lun1eer FirefIghters Association to provide fire inspections and fire protection during the 2005 Collier 'County Fair. The dates we have are' Februa.ry 4 . February 13, 2005. ' There will be a rue proteciÏon fee of$200 per day, in addition to any .inspection fees incurred. ' If you have any questions regarding:th.ese se.rvice~ you may contact Fire :Marshal Todd 0\800 regarding inspection fees (348,-8006) or Chief Rita Greenherg regarding £ire protection'services (455-1204). ' Sincc:rely. ,,1, " , l¡ii.:Jh Øita<!j£fY- Rita M. Greenbirg. ~~ Chief /J Big Corbcrew Island Fir~ Contro1 and Rescue District ",. .~------- t _ .~" 1:. "Il ~ ~l'~ OEf'f'.RT\ir-r..IT U"" kh'¿NUE l.. 2 1 ~~~i~i~~~: ~:~~~ OS ~onsul'!!~rts C~rtificate of Ex~mptionJ . . . issued Pursuant to Chapter 212, Florida Statutes Agenda Item No. l~~;~: Jçmuary 25, ~B~, Page 24 of 27 ~~ A..šSOtÚA'¡.jON, .~ .~. ,. ·.~"'mj;r\R')11 ç.a~Ñi:~r. . . '..::.;- .,: ...",: ::I~:' \.... ,'. - , ,-, 09/3üf02 EfiectrvE! Oat(¡ 09/30/07 ExpiratIOn 0 ate This certifies tÌ1at ," ... .' '.' ...~ , .. ... . ; . . ;:. ~ I ~ . . ...:.'.) cOLUER COUNTY AGRIC\JL TlIRAL FAIR AND EXPOSITION INC 751 39TH AVr;. NE NAPL~S FL 33964-1410 ,.,. "- '. . ;'.' ., . "'.': > Ô' '. ~):.' ~'. is' exempt from tne paymen! ûf Florida sales and use tax on real property rented, transiellt reI1Jal:Pf~P~·'r!:!:rit~d. tangible personai property purchased or rented, or services purchased. '. '.' . ".' -' . '.', ...... . ~_..... :..;..:.. .c(" ". " -,,:,',','";~2,i~t\ Ù;·" ..:.....'..-.. ',.. ' '. " ~portant I,~formation for E'xe~Pt O-rganizatioñ~ DR-1II R.01tG2 rn;,....RTJ,1l!'i I ro;: ~ rvrNU~ f. You must pro\llde allllendors and suppliers with an. exemption certificate before making tax-exempt purchases. See RlJle 12A-1.039. Florida Administrative Code (FAG)- 2_ Your Cónsumer's Cf:rtificate of Exemption is to be used solely by your organ!zation for your organiza.tion's r;ustt)mary nonprofit activities. 3. Purchases made by an individual on behalf of the organization are taxable. even if the individual will be reimbursed by the organization. 4. This exemption a.ppiies. only to purchases your orgar;ization makes. The sale or iease to o~hef& by your organization of iangibls personal property, s,leeplng accommodations or athe~ raal property is taxable. Your organization must register, and oollect aild ram it sa¡es and use tax on such taxable transactions. Note: Churches are exempt from this requirement except when they are the lessor of real property {Rule 12A-1.070, FAC). 5, It is a criminal offense to fraudulently present this certifica1e to evade the pa.yment oi sa¡es :ax. Under no .circumstances should this certificate be used fOe the parsonal beni;!fit of any individuaL Violators wil' be liable for paymsrtt ot ttle ssies tax plu$ a penal1y of 200% of the tax, and may be subject to convlCìtion Of ~ third degree fsiony, Any violation willlle(;sssitate the revocatton of !his certificate, ß. 1f you have questions regard~lig your exemption certificate, p¡aa~e contaC'! the Exemption Unit of Cemral Registration at 850-487-4130 The mailing address is 5050 West Tennessee Street, Tallahassee. FL 32399-0100. . L ~ " I .. , January 25, 2005 Page 25 of 27 STATE OF FLORIDA DEP.4RTí'dENT OF AGRIClfl..TlJRE & CONSUíWER SER"VICE.fõ; l'ALLA..HASSEE "(850) 487-4322 ~v{). (MI7 FAIR PERMIT" December 10,2004 "" Application and paymCJlt affee in. the amount of $275.00 having been nwde to the Flon'da Depm1ment uf Agriculture and CQnSrmler Services pllT.!l'Uant to Florida Statutes 616.15, for a pennit to conduct a public jail' or expositi01l~ and havulg been determíned 1o be qlwlified by the Department, fllis Fair Permri is hereby issued to: CollWr County Ag1icultllral Fair & Expol.'¡'tioll.~ Inc. 751 39th A v(mue l\Torthe(l~ i\Yl1ple~'~ Florida 34120 to conduct a public ¡air or exposition at: 751 39th"Avt!. ,",i.E., l'/aples, Florida for thë dales of Februwy 4) 2005 through Februa.ry 13, 2"005. ~II~ CHARLES H. BRONSON CO},fM1SS10NER OF AGRICULTURE Pørm 430608·rJ99 1/93 ..-r'~ ' :-'", '." , Agenda Item No. 16A2 January 25, 2005 Page 26 of 27 Permit No. PERMIT FOR CARNIVAL EXHIBITION STATE OF FLORIDA: COUNTY OF COLLIER: WHEREAS, Collier County Agricultural Fair and Expo~\Ìtion, Inc., has made application to the Board of County Commissioners of Collier County, Florida, for a permit to conducl a carmvEÙ and expo.sitìon; and WHEREAS, Collier County Agricultural Fair and Exposition. Inc" has presented to the Board sufficient evidence that all criteria fOT the issuance of a permit to conduct a carnival and exposition as set forth in Chapter 10. Artide II, Amusements and Entertainments, of the Collier COl.Ulty Code have been satisfied and that such camivaJ will be conducted according to lawful requirements and COnd1t10nS; and \\r1-IEREAS, said Collier County AgrÍcultural Fair and Exposition, Inc., has requested waivers of the, Surety Bond and Occupational License; NOW, THEREFORE, THIS PERMIT is HEREBY GRANTED TO COLLIER COUNTY AGRICm., TURAL FAIR AND EXPOSmON, iNC., to conduct a carnival and eXPQsition from February 4th through 13,2005, in accordance with the terms and conditions set forth in the petitioner's applic.ation and all related documenL<;, attached hereto and incorporated herein for the following described property: (See attached Exhibit 11A") The request for waivers of the Surety Bonù and Occupational License are hereby approved. WITNESS my hand as Cha.ìnnan of said Board and Seal of saíd County, attested by the Clerk of Courts in aod for said County this day of ___u~_ ,2005. ATfEST: DWIGHT E, BROCK. CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA: , CHAIRMAN ) I ," 1- "Ç-.. "'~~".. '".- CARNY-04-AR~7Ö-ifin~C~ry 26, 2005 ColJier County Fair arfcf~~pg~7lrof1 Exlnèit "An Part of Block 489; North Go1den Gatet Urrií ~t Collier CountY~ Florida All that pa.,"t ofB!ock 489 of North Golden Gat~ Ur.ùt 2, according to the, plat tbereofas recorded in P.1at Book 9. Pages 29 throQgh.43~ Collier County Public Records, Collier County J F]orida. and being ,more , partícularJy descn"bed as folIows: BCìginning at the Northvvest corner of !mid Bla ck 489: thance along the Northerly line ofsa:id Block 489: South 88t08724u 'East 2012.89 reet; , thence South 1 )~]'16" West 1I84.51'reet~ thence North 88~08-:124.'''West . 2033.4 feet to the West line of said Block 489: thenœ aJong said West -- line North 03 '2T4T' East 914.92 feet: thCJCe CC;:1tinu= along said West line North 01.' 53.' 16" East 269.95 .feet to tlw POINT OF THE JŒG1NN1NG on the pared herein described: gubject .to ~s and ~strictÌDns of record: (cont~~niug 55 acres}.. . ...,,- - L~s the fuUo~: BEGIN"NiNG at the Northwest comer of said BJock. 48.9: then£c along the Northerl}' li.+w ofsaüfBlock 489. South gg'08~24n Eãst 635.Î5 reet: thence leaving said north Jin.e, South 1 '53~16" West 800.00 feet: thence South 66"02'53" West'423.75:n thence South rS3'16" West 200.25 reet:, thence Nor'JJ. 88"08~24" West 279.78 fèct to the ~ line of said Block 489; thence along said West line. North 3'2T4r East 914.92 f:et: thence, comÌnUe along said West line. North l'S3'1ó" Best 269.95 .feet to the 'Pòint ofBeginWng of the ,pBIc~I hercin dcscn~d; subject ~9 easemems and restrictio11B of !e«Iro: . (containing 15.0 acres more or less) ~~ (Demised·Premises Containing 240 acr:.s) .,,,,-- J' -:::t:f.=- /)O~ / O¿J;I Ò¿;ð, q /ólID ~ u 7 I Agenda Item No. 16A3 January 25. 2005 Page 1 of 59 EXECUTIVE SUMMARY Recommendation to approve Lien Resolutions for the following Code Enforcement Case Numbers: 20041OO542/Alvarez, Jennifer, 2004100530/ Cavataio, Salvatore & Antoinette, 2004110012/Caffa-Mobley Et AI, Priscilla, 2004080055/Reece Est., Annie Earl, 20041 00961 lReece Est., Annie Earl, 20041oo345/Baton Rouge, LLC, 2004100485/Baron, Mimon, 200405064 7/Baron, Mimon, 2004071226/Glover, Lizzie H., 2004080595/Stonestreet, William M, 2004070101 /Wilkinson-Meffert Construction Company, Inc., 2004070376/Mac Builders Inc., 2004070375/Mac Builders Inc., 2004060799/Onofre, Roberto C., 2004070552/Seffer, Erik H. and Astrid v., 2004090471/Tsalach Investments, LLC, 200411 00 13Nolcy, Evens and Marie C., 2oo4030691/Riambau, Steve and Dasilva, Gildete A., 2004090637/0sceola, Douglas M., 2004090638/0sceola, Douglas M., 2004061226/Martel, Claude, 2004090639/LaRossa Tr., Elizabeth Anton, 2004091102/Weyrauch, James P. and Diane P., 2004091100INolan Jr. Tr., Leonard F., and Nolan Tr., Michael S. and Michael N. Realty Trust, 2004050696/Thomas, Morris and 2004091116/Moriarty, Judith and Connors, Cynthia and N avarrn., Dennis. "......-- OBJECTIVE: For the Board of County Commissioners to adopt separate Resolutions assessing separate liens against certain parcels identified in the Resolutions in order to recover public funds expended to affect the abatement of public nuisances at such locations, all as provided for in Ordinance No. 99-51, as successor to Ordinance No. 91- 47, as amended, the Collier County Litter, Weed and Exotics Control Ordinance. CONSIDERATIONS: Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, mandates the Board to impose a lien against property when an invoice to recover public funds expended to affect the abatement of a public nuisance is not paid at the expiration of twenty (20) days of the date of the notice. The following property owners have not remitted the invoiced amounts. Case No. Owner of Record Case Summary Lien Amount a. Violation detennined 10/12/04 b. Notice of Violation served n/a 2004100542 Alvarez, Jennifer c. Notice of Violation Posted 10/21/04 $255.00 d. Unabated nuisance verified 11/02/04 e. Nuisance abated with public funds 11/17/04 £ Owner invoiced for costs 11/29/04 ,,.-. ."~,~."...~.....__.~~,,.,_. -~~.- ~...- Agenda Item No. 16A3 January 25, 2005 Page 2 of 59 ,.-. a. Violation detennined 11/03/04 b. Notice of Violation served n/a 2004100530 Cavataio, Salvatore c. Notice of Violation Posted 11/03/04 $255.00 and Antoinette d. Unabated nuisance verified 11/15/04 e. Nuisance abated with public funds 11/17/04 f. Owner invoiced for costs 12/09/04 a. Violation detennined 10/26/04 b. Notice of Violation served na 2004110012 Caffa-Mobley Et AI, c. Notice of Violation Posted 10/26/04 $255.00 Priscilla d. Unabated nuisance verified 11/09/04 e. Nuisance abated with public funds 11/15/04 f. Owner invoiced for costs 11/29/04 a. Violation detennined 07/30/04 b. Notice of Violation served na 2004080055 Reece Est., Annie c. Notice of Violation Posted 07/30/04 $255.00 Earl d. Unabated nuisance verified 08/11/04 e. Nuisance abated with public funds 08/15/04 f. Owner invoiced for costs 08/31/04 a. Violation detennined 10/26/04 b. Notice of Violation served na 2004100961 Reece Est., Annie c. Notice of Violation Posted 10/26/04 $255.00 Earl d. Unabated nuisance verified 11/09/04 e. Nuisance abated with public funds 11/15/04 f. Owner invoiced for costs 11/29/04 a. Violation detennined 10/26/04 b. Notice of Violation served na 2004100345 Baton Rouge, LLC c. Notice of Violation Posted 10/26/04 $255.00 d. Unabated nuisance verified 11/09/04 e. Nuisance abated with public funds 11/15/04 f. Owner invoiced for costs 11/29/04 a. Violation detennined 10/14/04 b. Notice of Violation served unclaimed 2004100485 Baron, Mimon c. Notice of Violation Posted 10/20/04 $2700.00 d. Unabated nuisance verified 11/17/04 e. Nuisance abated with public funds 12/10/04 f. Owner invoiced for costs 12/17/04 a. Violation detennined 05/10/04 b. Notice of Violation served 07/13/04 2004050647 Baron, Mimon c. Notice of Violation Posted na $2700.00 d. Unabated nuisance verified 08/30/04 e. Nuisance abated with public funds 10/10/04 f. Owner invoiced for costs 12/17/04 ~' - Agenda Item No. 16A3 January 25, 2005 Page 3 of 59 /- a. Violation determined 07/30/04 b. Notice of Violation served na 2004071226 Glover, Lizzie H. c. Notice of Violation Posted 07/30/04 $255.00 d. Unabated nuisance verified 08/11/04 e. Nuisance abated with public funds 08/15/04 £ Owner invoiced for costs 08/31/04 a. Violation determined 08/10/04 b. Notice of Violation served na 2004080595 Stonestreet, William c. Notice of Violation Posted 08/10/04 $255.00 M. d. Unabated nuisance verified 08/25/04 e. Nuisance abated with public funds 08/31/04 £ Owner invoiced for costs 09/16/04 a. Violation determined 06/29/04 b. Notice of Violation served 07/14/04 2004070101 Wilkinson-Meffert c. Notice of Violation Posted na $1220.00 Construction d. Unabated nuisance verified 08/25/04 Company, Inc e. Nuisance abated with public funds 09/1 0/04 £ Owner invoiced for costs 10/04/04 a. Violation determined 07/09/04 b. Notice of Violation served 07/16/04 2004070376 Mac Builders, Inc c. Notice of Violation Posted na $2199.99 d. Unabated nuisance verified 09/10/04 e. Nuisance abated with public funds 10/08/04 £ Owner invoiced for costs 10/19/04 a. Violation determined 07/09/04 b. Notice of Violation served 07/16/04 2004070375 Mac Builders, Inc c. Notice of Violation Posted na $2199.99 d. Unabated nuisance verified 09/1 0/04 e. Nuisance abated with public funds 10/08/04 £ Owner invoiced for costs 10/19/04 a. Violation determined 07/30/04 b. Notice of Violation served na 2004060799 Onofre, Roberto C. c. Notice of Violation Posted 07/30/04 $255.00 d. Unabated nuisance verified 08/11/04 e. Nuisance abated with public funds 08/15/04 £ Owner invoiced for costs 08/17/04 a. Violation detennined 06/29/04 b. Notice of Violation served na 2004070552 Seffer, Erik H. and c. Notice of Violation Posted 06/29/04 $255.00 Astrid V. d. Unabated nuisance verified 07/15/04 e. Nuisance abated with public funds 07/25/04 f. Owner invoiced for costs 08/05/04 "._. ,- Agenda Item No. 16A3 January 25, 2005 Page 4 of 59 "..-' a. Violation detennined 10/26/04 b. Notice of Violation served na 2004090471 Tsa1ach Investments, c. Notice of Violation Posted 10/26/04 $255.00 LLC d. Unabated nuisance verified 11/09/04 e. Nuisance abated with public funds 11/15/04 f. Owner invoiced for costs 11/29/04 a. Violation determined 10/12/04 b. Notice of Violation served nla 2004110013 V olcy Evens and c. Notice of Violation Posted 10/21/04 $255.00 Marie C. d. Unabated nuisance verified 11 /02/04 e. Nuisance abated with public funds 11/17/04 £ Owner invoiced for costs 11/29/04 a. Violation detennined 03/11/04 b. Notice of Violation served 03/24/04 2004030691 Riambau, Steve and c. Notice of Violation Posted na $585.00 Dasilva, Gildete A. d. Unabated nuisance verified 06/18/04 e. Nuisance abated with public funds 07/01/04 £ Owner invoiced for costs 07/14/04 a. Violation determined 09/17/04 b. Notice of Violation served 09/24/04 2004090637 Osceo la, Douglas M. c. Notice of Violation Posted na $255.00 d. Unabated nuisance verified 10/19/04 e. Nuisance abated with public funds 11/01/04 £ Owner invoiced for costs 11/03/04 a. Violation detennined 09/17/04 b. Notice of Violation served 09/24/04 2004090638 Osceola, Douglas M. c. Notice ofVio1ation Posted na $255.00 d. Unabated nuisance verified 10/19/04 e. Nuisance abated with public funds 11/01/04 £ Owner invoiced for costs 11/03/04 a. Violation detennined OS/29/04 b. Notice of Violation served na 2004061226 Martel, Claude c. Notice of Violation Posted OS/29/04 $255.00 d. Unabated nuisance verified 06/18/04 e. Nuisance abated with public funds 07/15/04 £ Owner invoiced for costs 07/26/04 a. Violation determined 09/17/04 b. Notice of Violation served unclaimed 2004090639 Larossa Tr., Elizabeth c. Notice of Violation Posted 10/11/04 $255.00 Anton d. Unabated nuisance verified 10/20/04 e. Nuisance abated with public funds 11/01/04 £ Owner invoiced for costs 11/03/04 ,'-"" Agenda Item No. 16A3 January 25, 2005 Page 5 of 59 - .- a. Violation determined 09/22/04 b. Notice of Violation served unclaimed 2004091102 Weyrauch, James P. c. Notice of Violation Posted 10/21/04 $255.00 and Diane P. d. Unabated nuisance verified 11/02/04 e. Nuisance abated with public funds 11/17/04 f. Owner invoiced for costs 11/29/04 a. Violation determined 09/22/04 b. Notice of Violation served unclaimed 2004091100 Nolan, Jr., Tr., c. Notice of Violation Posted 10/21/04 $255.00 Leonard F. and Nolan d. Unabated nuisance verified 11/02/04 Tr., Michael S. and e. Nuisance abated with public funds 11/17/04 Michael N. Realty f. Owner invoiced for costs 11/29/04 Trust a. Violation determined 09/22/04 b. Notice of Violation served unclaimed 2004050696 Thomas, Morris c. Notice of Violation Posted 10/21/04 $2600.00 d. Unabated nuisance verified 11/02/04 e. Nuisance abated with public funds 11/17/04 f. Owner invoiced for costs 11/29/04 a. Vio lation determined 09/22/04 b. Notice of Violation served unclaimed 2004091116 Moriarty, Judith and c. Notice of Violation Posted 11/04/04 $255.00 Connors, Cynthia and d. Unabated nuisance verified 11/15/04 Navarra, Dennis e. Nuisance abated with public funds 11/20/04 f. Owner invoiced for costs 11/29/04 Upon the Board's adoption of the Resolutions, copies of such and the Legal Notices of Assessment will be mailed to the respective property owners. If the property owners fail to pay the amounts specified in the respective Resolutions within twenty (20) days hereof, the Clerk to the Board will record the Resolutions in the official records of the County. FISCAL IMP ACT: A total reimbursement of $19,049.98 may be anticipated by voluntary action or foreclosure. The only expense projected to be incurred by the County is the cost of recording the Liens, which is estimated to be approximately $18.50 per lien, (26 liens) totaling $481.00 plus Clerk of Court fees, which is budgeted and available in the current fiscal year Code Enforcement budget. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. .~ Agenda Item No. 16A3 January 25, 2005 Page 6 of 59 LEGAL CONSIDERATION: This request has been reviewed for legal sufficiency and has no outstanding legal considerations. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolutions. Prepared by: Shanel1e Hilton, Administrative Secretary, Code Enforcement. AQenda item No. 16A3 - January 25, 2005 Page 7 of 59 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 15A3 Recommendation to approve Lien Reso!utlons for the 1ollowing Code Enforcement Case NlJl'nbers: 20041 00542/Alvarez, Jennifer, 20041005301 Cavataio, Salvalora & Antoinette. 2004110012iCaffa··Mobley EI AI, Priscilla. 2004080055/Reece ESL Annie Earl, 2004100961/Reece Est., Annie Ear!, 200410034518alon Rouge LLC, 2004100485/8aron, Mimon, 2004Q50647/8aron, Mimon, 200407-122SiGIQver, lizzIe H" 2004D80595/Stanestreet, Wilham M. 20D4070376fMac BuiJders Inc.. - Carlos Veloz. 20CM070375/Mac Builders Inc, 2004060799/0nofre, Roberto C., Inc" 2004070552/Seffer, Erik H. and Astrid V., 2004090471 ITsalach Investments, Inc" 200411 0013Nolcy, Evens. and Mane C, 2004030691/Rii:lrnbau, Stev~ and Dasilva, Gildete A.. 2004090637/0sceola, Douglas M 200409063BlOsceola, Douglas M., 20Q4061225/Manel, Claude, 2004090639/LaRoss Tr., Elizabeth Anton, 2004091102!Weyrauch, James P and Diane P., 20040911 aO/Nolan Jr. Tr.. Leonard F., and Nalar) Tr.. Michael S. and Michael N. Realty Trust, 2004050ê96/Morris. Thomas and 200-4091116/Moriarty, Judith and Connors, Cynthia find Navarra, Dennis 1125/20059:00:00 AM Meeting Date Prep.red By Date ShaneUe HiltDn Admínìstrative Secret.ary 1!10f200510:....:11 AM Community Oevelapmtmt & Environmental Setvíces Cod(/' Enforcem4!nt Approved By Sandrtl LUll EXt!'cutlvq, Sm;retary Dat~ Comr"unity Dcv~opmerrt & Environmental S(lfVIC61õ Community Developnu!IIf &- Environmt<:ntal Se.....ices Adlnin. 1111120054:27 PM Approved By Constance A. Johnson Operations Analyst Community DÐVl!!:lop,",~nt & Environmental Services. Admin. D.te Community De...elopmfmt" Environmental Services 1(13/200511 :22 AM Approved By Michelle Edward!;' Arnold Code EnforcefJIiC!nt Dimc:1:or D'lte Community Development & En'/ironmental Servìces Code Enfo,cemen1 1/13/2ÐOS 11:41 AM Approved By Joseph K. Schmitt Community Developmen1 & Environtnentaf S~rvicf!ls Adminßttlltor Date Cnmmuníty DevuloJltncnt & Environmental S&rvìces. Ct)ITlmuníty Oevelopml!t1t & Environmental Sefifice-s Admin. 1/13/20055:37 PM Approved By OMS Coordinator Adminì.str1tt'ive Assistant Date County Manager's Office Office of ManagelTlent & Budget 1/14/200510:43 AM Approved By Mini< I.\;u:kson BudUflt Änóllynt D'J1e County Manager's Office Office of MòJl\agemenf & Budget 1114/200511:24 AM Approved By Michael Smykowski Munaqement & Budget Director Dute County Mnntlger's Office Office of Managem"nt & Budget 1/141200511:38 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Managl!\r's Office 1/171200511:32 AM Agenda Item No. 16A3 January 25, 2005 Page 8 of 59 RESOLUTION NO, 2005-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT Of LIEN fOR TilE COST Of THE ABATPMENT OF PUBLIC NUISANCE. IN ACCORDANCE WITIi ORDINANCE No, 99·51. AS AMENDED WHEREAS, os provided ÌD Ordinance No. 99-51. .. successor to Ordinaøœ No, 91-47. as amended, the diroot COSl$ of aba_ of tcmIÌn ßUÌSIllce&. including prœcribcd admìni<ttaUVO cœt ~ by th" C.ounty·, sholl be....,...,.¡ a¡¡aiDS! ."eII propcr1y; and WHEREAS, the coot thçrcof to the Count)' as to .,.,¡, percel shWl 00 ""lcula.w and reported tu the Board of County Commission<:r.;, to~oth... with . deocriptìon ur saW par."'¡; and WHEREAS. ...eII osscssmM! shaU be a legnl, valid and bind'D8 obJigøtion upon the property agains1 whieh mode until paid; and WHEREAS, !be ..-.ment ,ball beeomc due and payable no later than twenty (20) day.! of the I\ae of the Lepl Notice of Assessment and interest .hall a<:a\Ie on the unpaid balance b<.>gìnningon thc date this Rw>Iution is """,«led at the rateoftwclve pcn:en! (12%) pes' .....um, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF CO\J)l.'TY COMMISSIONERS Of COLUfR COIJNTY, F1.ORlDA, tbat the properly deocribed .., f01k>ws, baving b_ abotcd of a public nWWlœ o1\er due and prop... notice th""",r 10 the t'wntOt(s of said property, is b<:wby _ed the fòllowiøg COt1. of such "".Icmen~ 10 wil: ~ ALVAREZ, JENNIFER LEGAl, DESCRIPTION: Lot 14, Bk>cl< 2]9, GeldeD Clue. Unit 6, accordin¡ to the pill! rC<X>rdcd in Plat Book 5, P.gt:II124 through 134, inclnaive of the Public Record1; of Collier County. Florida. ~$2Ss.tIt REFERENCFÞ: Z6S7 mIJQ.!¡ 36319400086 The Clerk .ball (by reguIar mail) mail. copy of this Rcso!lIIÍon aJoog with the Notice of AsoesSment of U... to the owner(.) ofthc abo"o-described property. Ih>illun twenty (20) days of the date of mailing that copy, 100 owner fails Ie> deliver pa.ymc>t in fun to Collier County, the RcooIutioo and Notice of ~ shaJ\ be rcoorded in ùt" oflicial rcoords o{CoIIicr County, and by recordin¡ slt.U conotitule a lien a¡ainst the abo""'¡eoaibed real I""!"'rIY. and tl' the extent allowed by law, ....U 4Iao be . lien upon aU other re.1 and/or pet'SO<1QI property owned b~' th< ""led property OWIJer(.) in Collier County. This ResolutiOll passed and duly adopted by the Board of County Commísoioncss of Conier County. Florida. this 25th day ofJanumy 200S, ATJ'EST: DWlGHT E. BROCK, Clerk BOARD Of COm.'TY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Ciori< BY: Fred W. coyle , Chairman Approved as (Q lorm and legal ouffiçjency: ~ 'T'Itomu ~, Assistant ('-"""ty Attorney f'': I..Œ.HI NS1'I. asowTiON Agenda Item No. 16A3 January 25, 2005 Page 9 of 59 BOARD OF COtINTY COMMISSIONERS TRROUGIt ITS CODE Ji:NFORCF-MENT DEPARTMENT COLLIER COUNTY, l<1..0JUÐA LEGAL NOTICE OF ASSESSMENT OF LIEN AI....... Jmllll'er .Q%5 St Ceo... La.. N..,..,., FL 3-4119 REF. 1NV.1I' 2'57 DATE: FOLIO 1# 36319400006 UENNUMBER: LEGAL DESCRWTlON: Lot 14, Block 219, Colden GQ"", Unit 4, ~d.in ( tho piC! ,~ in Plat Book 5, P_ 124 through 134, inåumv../' tb" Public Roconh "rColli.., !\Jill"}', Fl<>rida. You. as the owner(s) of the property above-descñb.od, .. reo:or<led in tho records maíncainod I>y the office of the P,operty Appraiser, are bordoy advised that the Cod. Enfurcement Director, did detenninc .. public nuiøn<:e mtùored and constituted a violation of COlll1ly regulations on October 12, 2004, and c>rder.'<I the abatement of. certain nui""""" exÌS1Ì11S 011 th" above property prohibited by 01dituwce No. 99·51 and liCtVed . noti.. of viola/ion upon you. The nu¡..""" is: PROBlBI11!D A(.'(;I}MVLATION OF WEEDS, GRASS, OR OTHER SIMILAR NON. PROTEC'J'ED OVERGROWfD IN EXCESS OF EIGHTJt£N (18) lNeRES IN HEIGHT. You f4)ed to abate such nui-, whereupon, it was abated I>y the expend;""" of public funds at a direct coot of Fifty-Fi"" ($5S.OO) DoD..... plus an admiui.trativ" cost of Two HundmI (~200.00) <ioU"", for alDlal of TWO HUNDRED FIFTY-FIVE DOLLARS ($%55.&0). Svch <œt, b)' Resolution of tbc Bœni of Count}' Commi~ of COU.... CO....ly, Florida, .shall bécom.. . lien On you>' property when RØfded afIeT approval by the ßOIIn. FAILURE TO ~ PAY TßE AMOUNT SI"P.(:JII'IF.D IN THIS NOTln" MAY RESULT IN A LŒN AGAINST 4L.I...2f YOUR PROPERTY IN COU.,IER COUNTY. ,. L.W:fS,t HSfR ~AL Agenda Item No. 16A3 January 25, 2005 Page 10 of 59 RESOLUTION NO. 2005,_ A RESOLUTION OF TIlE BOAR!J OF COUNTY COMMISSIONERS PROVIDING FOR TIlE ASSESSMENT OF UEN FOR THE COST 01' THE ABATEMENT OF PUBUC NUISANCE. IN ACCORDANCE WITH ORDINANCE No. *·5 I. AS AMENDED WHEREAS, .. provided in Ordinanœ No. 99-51, .. 1ItI'I<In<I<d. the di=! cost; of abatement of c<tCIÚn nuisaJ:l<;œ, Íll¢ludina prcsGribed .dmini.<lJative cost íncurred by the CO\lI1ty. shall be ........,.¡ againsC such propeny; :uuI WHEREAS. the cost thereof to the CoWlt} .. to each pan:e1 shall be calculated and reported 10 the Board of County CommiSC<iót\eT$, IOJeIhor wilh . descriptio.. of!l8id "",,:d; and WHERF..AS. $licit ...-.",onl shall be " Icgal, valid and I>iDdjag obIi¡ariOD """" the property $inst wbiclt made 1II1II1 paid; and WHEREAS, the assessmenl shall become due and pa~blo no later then twcmy (20) days of the date of tbe Leg;a1 Noli<e of AssesomIIft{ and interest shall accrue on the tmpaid beIan"" bellj,,1ÛD¡I on die dah: tbis RewI11lion is r<:e<>nIcd &I the rate of lwelvo pc"""" (12%) pet .""...". NOW, TIffiREFORE, BE rr RESOLVED BY THE BOARD OF COUNTY COMMlSSIONBRS 01' COLLIER COUNTY, FLORIDA. lhol the pIQpcrty d=îbed as follows, høving bceø tIbaWI of" public ..uisaÞce after <1"" :md proper oolite thereof 10 !he <twnor(s) of ..Id propcrt)'. is hereby ._<cd the followù>g oosts of "",t. abo.ten1Cl't, 10 wit: ~ CAVATAIO, SALVATORE AND ANTOINETIË LEGAL DESCRIPTION: Lot 2. Bloc\; 253 lInit 7, Golden ('.ate aoeoniing '" tbe plat thetcof reconIcd iD PIa1Book 5 Page 143 orthe PtJblic Rerords of Collier County, Florida ~ $155.eo REJ<TR.ENCFJI: 2672 f2.l.I2.!!¡ 36448400003 The CIerI< shell (by regular mail) majl a copy of Ibis Resoh.tioo alan¡¡ with die Notice of A._I ofUcn to die owner(.) of tile above-de:icribed property. Ifwitbin twenty (20) days of !he date of maJJJng th4t çopy, the owner bU, w daliY1:l p8)'1l1Clt in fuJI to Colli... ColDIIy, the Rcælution and Notice of Aøessmeot sboll bo. tcC{J'dcd in the off""... ~. of Collier County. anð by rooording sha1I c:onstitute " lien "S",mt the .bove-dc.scribed rea! property, ;md to the ""tent ano~ by law. sholl also be a lien"""" an olhor ~I and/or persoDa! property owned by die noted property owner(s) ÙI Collier ('Aunt)'. This Resolution passed and duly adopted by !he Boord of County C.ommlssionen of Collier CoImty, Florida. lhis 2Sth day of January 2005. A T'tEST: DWIOJ-IT E. BROCK. CIeri< BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, PLORlDA BY: De¡>uty clerk' . BY: Fred W. Coyle , Chairman Appro."., lIS 10 form and legal sufficiency Tbômas~~A;~~;- P: lJt.:NI MNn USOJ_tmON Agenda Item No. 16A3 January 25, 2005 Page 11 of 59 BOARD OF COUNTY (:OMM1SSIONERS THROUGIIITS CODE ENFORCEMENT DEPARTME.'IIT COLUF;R C'OL'1\'TY, FLORIDA U;GAI, NOTICE OF ASSESSME\"r OF U£N Cava"'... .s.ñ>.,..... Cavalaio, A8<riDe/t~ 1783 W. lð'" SI B......kIy.., NY 11223 REP. II"V.II' 26'71 DATE: FOLIO # 36448480003 ¡.!EN NUMBI:.R LEGAL DESCRIPTION: Lot 2, Bloclt 153 Unit 7. Golden G3\e according 10 the pint th""",f rerurded in Pial Book 5 Page 143 oflbe !'ublic Records of Colli... Counly, Flurid. Y 00. .. o.e owner(s) of !he property .bovc~scribed, .. """m:kd in tlte r"""rd. mainlainc<! by the office of the I'roperty App...;,... ...., M",by advillC<! lhallM Coœ Enfol'Cè1tlonl Dirc~tor? did detem1ine a pubhc nuisance existed and (¡()nstitu1cd A "iolaÛQt1 of (4)Unty rcguTatjons on Oc1<¡\1or 10 2004, and urdered the I>halc~nl of. COl:lJUn nOÌ$¡lu,:. cxi>!ín¡¡ on lhe: above property prohibited by Ordinan"" No. 99·51 OIld """,cd a notice ofv;olarion upon yoa. Th. nui....¡ç. ¡s; PROJUBITED ACCliMlJLATJON OF V,'EEDS. GRASS, OR OTlŒR SlMU.AR NON- PROTECTED OVERGROWTH IN EXCESS O.FEIGHTEEN (18) INOlF-S IN HEIGHT. You failed to abale such IIU''''''«; wh....upon. il wax abated hy Ihe ""P"ndilurc of public fund, at a di_1 Cò:il of Fifty Fiv~ (555.00) 1>0.11"" pI.. 01' adn\inisttarivc <ost or Two Hundred ($200,00) dull"", Cor a I0Io1 ur TWO HUNDRED AND FIFTY FIVE DOU.ARS (5255.00). Such «J$t. by R<:oùIUliun or the Board of County Commi..ioocn of Colli... County, Honda, sban bt:come a lien on rOt'" property when r"""rded after approv.t by !he Board. "AILI;JU: 'f0 I!MI1.r P A YTIm AMOUN'f SPECIFIED IN THIS N01't.cE JIM y R£SUI~T IN A LIEN AGAINST ALb..Ql \'OUR rROPER'IY IN COLUER COIINTY. f;. IÆN!fMSn l.NAL ..--..---..-.------- ..-----.--.. Agenda Item No. 16A3 January 25, 2005 Page 12 of 59 RESOLunON NO 2005-__ A RESOLUTION OF THE BOARD OF COUNTV COMMts..<;IONF,RS PROVIDING FOR TIlE ASSESSMENT OF LIEN FOR TIlE COST OF THE AßA11:"J>1EI<'T OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORD1NA.>¡CE N<I. 99·51, AS AMENDED WHEREAS." provided in Ordínan<e No. 99-51," "",""",r 10 0rdi0aDc<: No. 91-41, AS aI11CI1Ckd, the dim:t ooSU <If abatcmCDI "f certain IIUÌ$UIÇC$, including prescribed .a<IminìsuaIì"e <:ost incumd by the County, .II.n be .....e;<SOd against socb JJfOf"'I1y; and "<,"HEREAS. cIIe <:ost theroof to the County as 10 each parcei sIJaIl be <:aIeut..d ."d reported 10 !be Bóard of Counly Commissioners. lO¥dhcc with. description of said perteI; and WHEREAS, such .....,....'.nl iMIl he . legal, ,.Iid and binding obIisation upon the property against which made until paid; ond W1IEREAS. the ass"""""",, shall become due ""d P"Y.þle no later 1Iw1 twenty (2Q) day. of the date of the Legal Notice nf A_II ond int=>t sball a<X:rue: on the unpaid balance beginning 011 the dftle too. Resolution i$ f«:."deð.' the....1e oflWClve ¡>oI'«fIt (12".4) per annum. NOW. TIiEREFORE, 8E IT RESOLVED BY THE BOAR!> OF COUNTY COMMLC:;SIONRRS OF COLLIER COVNTY, fLORIDA, that che propeny deocribed as foJl<rws, bavin¡ been abated nf. public nuì!t8tlCe .ncr due and p"'per ootice theI'eof 10 the ()VIIIet(s) "r soid propc:ny, is lI"",,,y ....,soc:d the following ....IS of ouch abatement, I" ...it: ~ CAfF A-MOBl.EY. PRISCILLA, AND W ASHtNc.TON, EDDYA AND DAVIS, STEPHANIE AND Fl.FTCHER, TAMMY U'..GAI. DE.'iCRlM'ION: Lot No. 15 o{PINE GROVE Slf8D1VIS1ON OF IMMOKALEE, ac:<:<>rdill8 to the Plat 1heteof, as recoo!cd in Plat Book 2, Page 104. of the Public R=m!1 of Collier Cmmty. Florido. ~ $%55.00 IU;I'EREN(''EII: 1666 l2.I.IQ.!!i Q866930S1t005 The Clod; shall (by regula1 mail) mail . «>py or ¡his Resotution ala", with the Noti"" of AssessmeIII. of Lien '" the oWt",r(s) of !be abov&-de'lCrib<d f""P"rtY. If v.ithin twenty (20) day. or the dale of maiIin¡ that copy, the OWDCr fai!$ to de{iver paym..u in full to Collier Caw>ty, the Resc:ilutìon and N"tice of .~t .tuill be recorded in the official n:c:"ro. of Collier COU1t!Y. and by reccro¡ng man constitute. li<m agaínst !he above-d!"$Ct!bed teal p-ropetty, and to the - "Io~ by law, shall a1so be. lim upon all other reo] and!Ot perwnal prcperty o""'llOi by the n<>'«! J'fOI'C'1y o....,..,rl.} in CoUi¢r County This Resolution passed and duly odoplcd by che Boord of Connty ComltÙ8SÎOt1<:t'$ Dr Collier ('''oOOlY. fuiòa, 100. 25tb dll)' of J.muuy 2005. A Tl'EST: DWIGHT E. BROCK. CIerL BOARD OF COUNTY COMMISSIONERS ('.aLLIER COU1'<'TY, FLORIDA BY: ~ïÿcïe;k--'- - BY, Fred w. COyle ---;-ëb.ùrm-;ï, Approved as to form and Icgal~' ~.i~_____ Thomas . Palmer, AMìa1ant County Attorney f~ læ:N1 M!"n. RSSOI..tJ'T1OH Agenda Item No. 16A3 January 25, 2005 Page 13 of 59 BOARO ()' COlJNTY C'OMMISSIONERS TUROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSME/ltT OF L,U::N PIÌlCßIa Caffa-Mobloy Eddya W_ßItttm S4q>buic J>avla Ta~ Fletdler C/O PrúdDa C.tra.Mobloy 74Z6 114...,,1/«. Dr. ApI A Ft C..pbell, lO:' 42:123 DAm: REI'. !NY.# 2666 FOLTO Þ 0669Je5Z000s LŒN NUMBER: LEGAL DESClUPT10N, 1.01 No, IS o(PlNE aROVE SU8DIVISION OF IMMOK.I\LE£, acçurdill! 10 the I'!at thereof, IU """",ded in Plat Book 2. Pag<: ]04. "f!be Public Reco~ofCoJlìor COODIy. Flótida. You, .. the oW1lCl{a) "f 111. property .oov.,.deocribcd, as """,rdedin the mords maintained by Ihe umce uf the !>ropcrty AppraL.er, "'" I_by 4dvi..d IlIat tbe Code EnfurCII....~1\ Dim:tct, did del<:tmÍll£ . public nuisunœ existed and <onsIiNted a violation of CCWlly regulation., 00 October 10, 2004, and ordered lb. "ba_t or a.~ 00;"""1<:" existing "" !be above propo.ny prohibited by Ordi_ No. 99·S I and""""'¡ a notice of violation upon you. The IUIisMoe is: PROJllBITED AC<."UMULATION OF WEEDS, GIlASS, OR OTHER. SIMILAR NON. PROTECTED OVERGROWTH L'II EXCESS OF EIGJn";~;N (18) INCn:~;S IN lŒfGJIT. You wtcd 10 abate ouch nui_; whereupon, n ..... I\baìeå by the oxl"'ndihlze of pIIbli~ funds at . di=t 00!0t of Fitl)'.fivt (555.00) Dollars plus.... edmi..í$Ú'ative cost of 'JWo Hundred (5200.00) dOli""" f(w n total of TWO HUNDRED A!'o"þ Flf1.Y . FIVE DOU..ARS (5255,00). Snob cost, by ~JutJoo o( the ßoanI of Coonty Commi..ionm of Collier Coouty, FJorida, shan ~'" . Ii"" ... )Wl" property";"'" ",,,,,,,'¡.d .ner appro,"'" by "'" ßoanI. FAlLtJRE TO I!MI.bï PAY 11fE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A I.ŒN AGAINST .ð1.J.&E YOfJRPROI'ERTY IN COLLIER COllNTY. P: u:g,a,o MSn.lN....l, Agenda Item No. 16A3 January 25, 2005 Page 14 of 59 RESOLUTION NO. 2005-_ A RESOLUTiON OF THE BOARD 01' COUNTY COMMISSIONERS PROVIDlN(J FOIl 11iE ASSESSMENT Of LIEN VCR THE COST 01' THE ABATEMENT OF PUBLIC r.'1JISA."ICE, IN ACCORDANCE WITH ORDINANCE N", 99-51. AS AMENDED WlŒIŒAS, as provìded in Ordinaøcc No. 99-51, as amended, the dirccl com of aba!err¡mI ofe<:r1ain ouioll1ccs. including presa'Ìbed adminislrati ve oust mourm! by the CouIIty, sholl 00 assese4 againsl sucb property; wi 'VHEREAS. the """I 1hereøf 10 the Counly .. 10 eacb pored sI1a1l be calculated and reported 10 lhe BoanI of Counl)' Commission..... together with 0 description of"';d psrcel; and WHEREAS, .uch -."",,1 .¡"'1I1x: a 1"801, "o1¡d and binding obligation upon the J'!'1'P""Iy ~ which made until paid; and WHEREAS, the ~ shall beoome due and payable no later !ban tWCI1I)' (20) do}" of Ibe date of the Lep! NolÌce of A"'.........t and ~ sI1a1l ..,.",,< on the unpaid bala!\èe begil1lling on the dale Ibîs ReooIuhon is reconIcd at the rale of lWetve percent (I 2%) ¡>et 1IIIIIUfQ. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COU'N'TY COMMISSIONERS OF COLLIER COUNTY. FLORJOA. that che property described as folloWI, having been .ba1o<I "j' a public nuisance after due and proper nobce thcrcofto the Owner(i) of..id property, i. hereby .......ed the followÌ1l8 costs of IIIcb abllterDlmt; 10 wit: ~ flEECE, EST. ANNlE EARL I-EGAL DESCRIPTION: LeL Seven of Block . A" "ftho Bond"""" Subdi,isioo, in Imowk.I"", !:2fi¡ SZS5.00 REFI!:RENCD: 1598 EQ!JQ.lL;. 014370100008 The Clerk shaI1 {by regular mail) mail a oopy of tlùB RøoJutioo aIonø with the Notice of Asseøntenl orUen 10 the ownc:r(s) of tile abo~ property. f within IWcnly (20) days of Ihe date of moiling chal copy, the _ fatl. 10 ddivcr 1"'ymcn1 in !Un 10 Coßíer COllllty, \be R_lution and No!íco of Asoei3mcnI shall be rc<:ordcd in che "flìcisl records of Collier CouIIty, and by recording sbaH constitute. ü... *pins! the aboVCHlescribed rcaI property. ""d to the exlent allowed by law, s!IaIl also be a lien upon .U other real and/or pmonaJ proper1)' owned by Ihe noled property ownor(s) in Collier County. T'ltis RO$Ólmion pass«! ond duly odopled by dt. Board of County (',ummi"",OßCrS of Collier Cotmty. Florida, chi. 25th day of January 2005. A 1'1'1ôST: D".'IGHT E. BIlOCK, Clerk aOARD OF COUNTY ,AJMMISSIONERS COU.1ER COUNTY, FWRIDA BY:._ DopuIy CJeñ: BY: _._._._--_.__.~................_---~ Frod W. Coyle ··:õlãi';;;;;' --,---_._._..._._~ Approved .. to ¡om> and legal aufficiency: _::ik. D. t. _ ---- TbomasC. P.Im<cr.~QI1toy "uetlMm~ Agenda Item No, 16A3 January 25, 2005 Page 15 of 59 BOARD OF COUN'rY COMMISSIONERS TI1ROUGII ITS roDE ENFORCEMENT DEPARTMENT COLLIER COUNT V, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Reece I!at., A.aale Earl ÇJ() Katbriva TiDdaI 4 w..tC'-, Ct. Ft. Myers, JI'L 33916 DATE; .REF, ¡NV.N 2598 POLtO # 1124370200008 LIEN NUMBER: L.!:!GAL DI!SCIUPTION: Lot Seven ofBlocIt W A" of !be B<mdurant Subdivision, in ImmoklÙee, You, as !be ow,Irl(.) of Ihe property above-desW1>ed, IS m:onkd in !be record< "winlailJed by lite òffi<:c of N,,, I'roporty Appn¡ioer, ere bctrby odvi..d thal1lte Code !ìnfurC"'"et1t Di""'tQt, did deIonnine a pllblic nllÍSance ",,¡sted a"d COIUÛtuted a violatioo of county ,."..,Ialion. ou July 30,2004, and ordered the abotement of a c;ertllin nui.san"" ...¡still¡ on the above propotty prohibited by Ordinance No. 99.51 and...-ved a notice of \lÌolatioD upon you. 1'be wI.."ce is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON- PROnCTED OVERGROWTH IN EXCESS OF EIGHTEEN (II) INCHES IN ffElGHT. Y QU fail"'¡ 10 abate sneb UWWtCC; wI1~r~ il wu atr....,.¡ by lit. ""P"OdilUre of public fíøuLo at . d.in!ct ""'lor Fifty-Five (SSH)() Doll.... plus an odnrinisuaûvo to.! of Two HWIIIred ($200.00) dòllAl'$ ror olot.1 of TWO HUNDRF.D FIFrY.FtVE DOU.ARS (11155.00). Such oog¡, by Resolution 01 the ß(,.rd of C<II1nIY (""""miss;"".".. of ('.oJlior (".aunt)', l'Iorida, sball become a Ii... on your pmperty wltcn reoonled all« 8JII1<OvaI by !he Board. FAlLtJR.E TO ImIEJ.X PAY TlfE Al'lfO(INT SPßCIFIED IN'THlS NOTICE MAY RltStJLT IN 1\ LIEN AGAINST ~ YOUR PROPERTY IN (~OLUER COUNTY f: .\.U!N$"NS1'R LNAl. Agenda Item No. 16A3 January 25, 2005 Page 16 of 59 IŒSOLUl10N NO. 2005-_ A RESOLUTION OF THE BOARD Of' COUNTY COMMISSIONERS PROVIDING FOR THE ASS£SSME/o.'T OF I.IEN FOR THE COST OF THE ABATEMENT OF I'UBUC NUISANCE, IN AL'C()ROANCE WITH ORDlNANC'j¡ No. 99-51, AS AMffi\¡1>ED WHEREAS, as provided in Ordinance No. 99-51, as ameaded, ~ direct ..,.... of abuk:mcnl of certain nuioances, includia¡¡ prc$Cribeú a<lministrarive _t incumd by ~ County, shall be uscssod agøinst such property; and 'W'HEREAS, the cost thereof to tbe Counly as 10 oaob porcel shall be calculated and reported to the Board of Counl}' CommWioncn, IOgO!hcr with a dcscriptioo of said ¡>a1Cc1; and WHEREAS,'U<:b ~ shpJ¡ be. lega~ VtÙíd and blMÙ\g öt>ligaUon upon the property .gøinst which made unul paid; and WHF.REAS, the ...-smmt.na1l b<lcðme due and payable no later than twenty (20) days of Ih. date m the Lepl Notioc of Assessment and i_t .nail ,= 00 the uopaid balance beginning on the date this R....lution is teCOrded at the· ra~ oflwelve perœnt (12%) pet annum. NOW, THEREFORE. BE IT IU!SOLVED BY THE BOARD OF COU}''TY COMMISSIONERS OF COlLIER COUNTY. FLORIDA. lhallbe property descnòed as follows, baving bem abated of a public nuísanoc after due and pnl'O' noúce tbenoof '" the owner(s) of $I.Íd propet1y, ja hereby asM$SCd the fol1owÍJij\ costs of such abatemOJl~ to wit; ~ REEL'E.. EST. ANNIE EARL LEGAL OF.scRIPTlON: Lot Seven ofRIock "A' ofthc BcruIuranl Subdiv;oion, in Immokalec. ~S2SS.OÐ 1lEJlERt:NCFJ/: 1664 mYQl!;. 0143'7011ÐG08 The Clm shall (by regular mail) mail a copy of Ihi. R""¡uIÎ<>n along wilh the NObOC of ABsoMment of Lien 10 the owacr(s) of the abovWacribed IIO!OrtY. If ..¡\bin tweIIIY (20) days of the dole of """ling lhat copy, the 0'oVllU fails 10 deIi_ ~ym«lt in full '" Collíer County. the R<:s<>lutiOll MId Notice of .....cosment IiltJI be re<:oroed in the offici'" _<Is of Collier County, ..,.¡ by rocordina sholl constitute & lien a¡ains11hc: obovo-<lac:ribcd """ property, ond to !he ex....t allowed by law, ,hall also be & Ii.... upon aU other real andIor p<at>n81 property owned by the noted propetty owncr{s) in eodi... County. This Resolution passed and duly odoptcd by the Boord of County eommj,..ionen of Comer (',gumy. Florida, Ibis 25th day of JanuatY 2005. ATTEST: DWIOIIT E. BROCK. Clerk BOARD OF COU1'i'TY COMMISSIONERS COWER COUNTY. FLORIDA BY: Deputy Clcrlc BY: ,Choirman I"r'ed II. coyle Approved as to fonu and lepI ~cncy: ? to,^" .J.~__ 'Ibornas C. Pohnor, AssisIaIII County Anorncy ~ LIE)<IWSnt IESOWI1ON Agenda Item No. 16A3 January 25, 2005 Page 17 of 59 BOAR) OF COUNTY COMMISSIONERS mROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA I.EGAL Noncr OF ASS&.'¡SMENT OF LIEN Retee EoI., Anllie Em CfO Kaauiva Tladal 4 WestCIennoat Ct. Ft. Mym;, IlL 33916 DATH: REF. f.'NV.# 2'64 FOLIO' 024370280008 I. !EN NUMBER; LEGAL DESCRIPTION; Lot Seven of ßlocJ¡ . A" oflile Bondurant Subdivisic>n, ¡II Immokolce. You. .. \he oWl!e<{,) of 1M property abov~bed, as reÇOroed in CII" roooros IIUIinI.aímd by the office of the I'n>perty Appro"",, arc hereby advised that the COOt ßnfOlCCltleol Dhedor. did dctenllillc a publi<: nuìoançe ~'JtisNd W1d constituted a violation of counly rcsu1atì_ on Octobot 10. 2004, 4IId ordcrt:d the abatCJmoul of 0 C¢rtain mrisan." edsting on the .00"" propotly prohibit"" by Ordìn__ No. 9')·SI and s",,"'" 011<)1;"" of vioiation upon you. The nuioance io: PROUlDttED ACCUIlfULAnON OF WEEDS, GRASS, OR OTHER SIMILAR. NON- PROTECTED OVERGROWfH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. Yau failed w "" .uch nuìsan<:e; wbeœupon, it was ab<Itod by the expcRdítll/1O of public funds at a direct ""it or Fifty·Fi"" <,55.00) DoIÙlr.l ¡;I... au a4ntìniotrarivc .ost of Two Hundred ($200.00) doUm wa rotaI of TWO IJUND.IUID F'JPtY.J1JV£ DOLl,.UtS ($1$s.oo). Such co.~ by Resolution of !be Board of CCIIUrty CommiOOÍOl1cl1l of comer c._y. Florida, sball become Alien on your property when reootdod after Approval b)'the Board. FA.lLURE TO ~.I'AY THE AMOUNT SPECU1E1> IN 1'WS NOTICE MAY RE..'WLT IN A LIEN AGAINST ÃLL.Q[ YOUR PROPERTY IN COLUER COUNTY. f; lIÐN MStJl LNAL Agenda Item No. 16A3 January 25, 2005 Page 18 of 59 RESOLUTION NO. 2005-_ A ReSOLUTION OF TIlE BOARD OF COUNTY COMMISSIONERS PRO,1DINO FOR TIll! ASSESSMENT OF LIEN FOR TIm COST OF TIlE ABATF.MENT OF PUBUC NUISANCE, IN ACCX)RDANCE WITH ORDINAl'lCE No. 99-51, AS AMENDED WHEREAS. as provided in Ordinance 1'1...99-51. as SU<>CeS:SO< to 0<dJn0ncc No. 91-47, as amended, tÞe direct QC)sI$ of ~t Gf oonain rwi-. including prescribed ednùmsttaU>e cost iøcurred by tÞe CuuIJty. shall be ...-J ..,..mot such property; and WHEREAS, tb<: cosl theIeof to tÞe c",,"ly ... to ..... pIrtC1 shall be c:alculated and reported to thß lIo3fd ufCounty Cummissioocrs, togotbcr with. d""';'pliou of said parcel; ~nd WHEREAS, such """"$men( shall be a 1egoJ, valid ""d biD~ oblí¡¡atíon upon Ibe property .g.¡...1 Which made WllÌl paid; and WHEREAS, the ".O$Iment ohIIl become _ and payable 110 Ia!er than twenty (20) daY" of tile dale of tÞe LepI NoIice of Ats_ aDd interat shall .lClXUe on tÞe \mpllÌd ba)"""" begìtuIinB on tile date Ibis Resolooon is recorded at !be rate of twdveper_t (12"4) per annum. NOW, THEReFORE. BE IT ReSOLVED BY TIlE BOARD OF COUNTY COMMISSIONERS O.F COLLIER COUNTY, FLORIDA. chat \be property described liS 10110_, bovine been ab81ed of a public nuìw¡œ after due ond p<O¡>« uotice theIeof to the ownœ(s) of said property, is benlby ..,.,...,.¡ the folk>wìn¡: costS of:Neb abatement, 10 wil: ~ BATON ROUGE U..c UtGAL DESCRIPTION: Lot 25, mod:: 219, Golden Gote UNI 6, subjtd 10 the plat =rdcd in Plat Book S, Page 124 through 134, íncIusiYe "rtlle Publidlecordt< "fc"m.. County. Florida. ~ $255'" REFERENCEIV: 1656 ~36319&W006 The Clerk shall (by regular mail) mail 1 copy of this RcsoJution o1on¡ with the Notiœ of Acsessment of Lien 10 the owner(s} of !be wo..,..¡eaaibcd propeny. If within ~ (20) <l1!" of tha date of m1lÌ1Ì1!& Iblll copy. the """"" fails to dal.iver pa>........1 in filiI to CoUier County, the .kesolUlÍon and Notice of ~ shall be teconlcd in the official reco<ds of Collier c"unty. and by reoordin¡¡ shaD constirute a Ii"" against the above-describ<:d real !Iopcrty, and 1<> the ....tent allowod by law, sholl abo be a lien upon all o1Ioer ",aI and/or persona! property owned by the ",~ted property own«(s) in CotJier Count)". This Rc>olution pas>ed and dul)" adopted by the Bo:ud or County ComrDios,,,,,,,,,, (If ColliaÛ'>unty. Florida, this 25th day ofJI\I1U111)'2~. ATIEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS COLUER COUNTY. FLORIDA BY: Deputy Clerk BY: Fred W. Coylo , ChWnnllJl Approvod os to form and lcøal suffieiœcy: 'Jh~ rJ~ 1"hotnas . Patm<:r. Assistant C>unty Attorney f;I..JENIMsn..ltESOU.f1'fOIN Agenda Item No. 16A3 January 25, 2005 Page 19 of 59 BOARl> OF COUNTYCOMMtSSIONERS THROVGfJ 11'8 CODE ENFORCEMVIT IJEI'AItTI\1ENT COLLIER COUNTY, FLORIDA U!Gii\I, NOTICE OF ASSESSMENT OF I.IEN IIátoa a__. LLÇ 43111 Gold... GIlle .1Il'k..ay, SUit. A Nap!.... FL 34Uó DATE: REF. !NV.II 266 }'()UO tl3631t8MlU06 LIEN NUMBER: LEGAL DESCR..II'TION: Lot 2$, BlocJc219, Golden Go.te Unit 6, oubjoct to u", pilI recorded in Pial 8001< S, PI. 1241ht0illp 134, inclwoiveofthe Public R.....rd. of Colli... County, Florida. You. .. !be 0""""") of the ptOJ"'Ity ..,o,,"~, '" rc<:orded in the ~. maintained by tbe om"" of the Propor1y Appraiser, ..e hereby ""v¡!Ied !hat the Code F.,(OI'CettIdI! Dì""",or. did dètormin<: a pubhe ""¡Iancc exiSled and """,,¡llUIed I viohllll"" of rourII)' rcgnt.tiom on October 13, 2004, and ord«ed the abat""''''1 of I certain nui...,.,e ex¡sting aD the aoove proJ"'lty prohibited by Ordinance 'No. 99-5 ¡ and served I notÎ<>e of vío~tion upon you. The lIu¡.&llCe io: PROHIBiTED ACCUMULATION OF WU:OS. GRMiS, OR O'I'lIER SIMILAR NON- PROTEL7EI> OVERCaoWI'H IN EXCESS OF ElCU'J'EEN (II) L"ICIŒS IN lutleUT. You rr.íled to abate """"0..........; whol'ell>M, it w.. abated by Ihe est'<'lldit""" or public fund. 111 a direct """lor Fift)"oPive ($55,00) Doll.... plus an adnuni......tive COSI of Two Hundred ($200,00) dollars for. tor.aI 1>fTWO HUNDRED FlFrv-J1'1\1J: DOU.ARS ($255.00). Such """~ by Reaolution of the Boud of Coumy Commiuio","" of Collier Coonty, FlQrida, shaIJ become I lien <>II your propc:tt~' when recorded after IPproval by the Boarcl FAILURE TO ~ rAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY JU::SULT IN A I.ŒN AGAINST AIJ...Qf YOUR. PROPER'fV IN COt.LI£R COIJNTV, t': UlNStIdSft LNAL Agenda Item No. 16A3 January 25, 2005 Page 20 of 59 R6S0LUTION NO. :1005,_ A RESOLUTION OF THE BOARD OF COUNTY COMMJSSIONE~S PROVIDIN<ì FOR THE ASSESSMENT 01' LIEN FOR TIlE COST OF THE ABATEMENT OF punuc NUISANCE, IN A.CCORDANCE WITH ORDINANCE No. 99-S!, AS AMENDED WHEREAS, as provided in Ordinance No. 99-' I. as ouccessor 10 Ordinaa>ce No. 91-47. as amended, rhe di1'CCl Cð$tt of abatement of cOI1aÌD D\IÌ$&IICCO, including p"...cribed ,.Jmiuistrouve cost iÐCUlfed by the County, shall be oosc.ucd apiTl$l such property; and WHEREAS, 1Iu: <os! !heROr to the CowIty as to eIII:b parcel .ball be oalcWa1ed and reported I<> the Board of County Commission..... 10gctbet with . deocription of said pon:eI; and WHEREAS, sucll _ment .nail be a LepI. valid IIIld binding obJigari<m upon the property Aj!IÍßBt which made mûL paid; and WHEREAS, Ibe ..seosment <ban heeome due and payable no !1Icr ÙWI twenty (20) days of the date of rhe L"SJI! NOIicc of As.essment and IntereSt .haJJ ""cree on the nnpaid ba!anc<: beÍnJÚIIg on the date this Resolulion i. recorda! at rhe rate of I'o\'elve percenl (12%) per annu,". Ñ'OW. 11lEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF C01LlJ!R L'OUN1Y, FI.ORlDA, that !he property described .. 101loWl. bavilll buen abated of a public nuisance after due and proper noû"" dleteof to the o~.) of said property, i. heToby -.d !he fuUowia¡ costs of such aI>a1ement, to wit: ~ BARON, MIMON J,EGAL DESCRIPTION: 1.<>1 6. Laly County Club. Muitfidd. "",.,,1Iin¡ 10 the plat thtreof, 8$ mxm!od ÍII Plat Book 14. Page 75. aftb<: P\lblie Re<:<>rdo o(CoUier County, Ronda. ~n7oe.oo REFF..RENCJ'.II, Ui74 fQlJ.!l.!:.5S2ð01408OO 11>0 CI..... shall (by regular mail) ntai~ a copy ofthU Resolution aIoog with the Nonce of Asscssm...t of Lien ID the owner(.) of the above-daçribed properly. If within twenty (20) days of the dale of maili1l¡¡ !bal copy, the owner fails to deliver paynlen~ ÌlI full 10 Colli... Couuly, the Rcsoluû"" and Noûce of.....essmcnt sban be recorded m the offioial r""""¡. ofColliar CoucrY. and by m:ordin¡¡ sball coß$Ûlllto . lien a¡aWt the .bove-dcscribed real property, and 10 Ihe ~œI allowed by law, shall abo be a lien upon all other rco! omdIor p<mmu! property owned by d,o noted propenyowner(s) irt CoU;...Coumy. Tbi> Resolution pasud and duly adopted by the Board of County Cnmmissioners of C.oIlicr County, FJorid4. this 25th day of 1011WJty 2005. A 'lTBST: DWIGHT E. BROCK. Clerk BOARD OF COmITY COMMISSIONERS COLUER COUNTY. Fl.ORIDA BY: Ï5êputy Clm BY, FrÐð w. coyle Cbaicmart Approved ... 10 fonn and IupJ sufficicocy: ~~ 11IonIti C. Pal......, Assilta11l CourIly A.llomoy f,I.JENIMS'Tk~ Agenda Item No. 16A3 January 25, 2005 Page 21 of þ9 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENI'ORCEMENT DEPARTMENT COLLIER COUNTY, n,OlUDA LEGAL NonCE OF ASSESSMENT OF URN Baroo, Mimoll P.O. Box 1654 1'0.,,1.., Ill. J4J06 REF, INV.# 2614 DATH; roLIO Ii 55100240000 WEN NUMBER: LEGAL DESCRIPTION: Lot 6, LeI)' Couaty Club, Muirfiold, ~=tdíng to the plat the<.of, "" teCOI'ded io Plat Book 14, Page 75, of lb. Public R_rds "fCrilli", County, Florida. You, as the t>WI\et(.) of the proper(y .ro-desoribed, a. recorded in the records maintained b)' !be office of the Propeny Apprai_, or" hereby adviocd t)1iIIt !be Code Et>furcement Di_, did determine . public nuÌSIftCe ",iSled &lid constiluled a violation of county ,.,guJ.1ÌODS on OCl"ber 13, 2004, and ordere<1 the obat_t t>f. certaio nui,lUIC< ",i'ling on !be above property prohibilCd by Onfj"",,,,. No. 99-51 and SfI<'<'e<1a JIOIjçeofvjolatìon upon you. The nuiän.. is, EXOTICS; AC(..'UMULATlON OF PROBIBlTI£D SI'EC/ES ON UNL\fPROVED PROPERTY. ACCtIMULA TION OF DRAZU,IAN PEPPERS You tailed to abate ,.1Ièh nuisance; wIIen:upon, it wa. abated by the "'pendit..... of pubJic fundo at . d:iTeet OOSI of Two ThouMltd and l'ive Hundn>d ($2,500.00) Du!11It'S plus an adminismuive ços of Two Hundred (S200.(0) dollar, for . total of TWO THOUSAND ANn SEVEN HUNDRED DOLLARS ($1700.00). S1lèh """t, hy R..olutiou of tb. Board of County Comn¡í.sion<n <If CoJlíet Cu\ll1ty, Florida, WlI bec:om.: . Ii... on your property whcm rocord«l afu:r opprovo¡ b)' the Board. t>A1LUU TO IIrrmJ.X PAY THE AMOUNT SPECIFlF.D IN THIS NOTICI: 1\IA Y R.lfSVLT tN A LIEN AGAINST A.L:L..Ql YOUR PROPERTY IN COLI,IER COUl'tTt. P' tÆNSlMSlR!.HAL "^ .--"'--- Agenda Item No. 16A3 January 25, 2005 Page 22 of 59 RESOLUTION NO. 2005,_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMIlli'T OF LIEN FOR HIE COST OF 1lŒ ABATEMENT OF PUBLIC I>o'UlSANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS AMENDED WHEREAS. IS provided in OIdinance ND. 99·51, auuccessC>rto OrdiniIIIóC Nc. 91-47, as amended, dw: dírœl 00l1li of aba_ Df certain ¡W;.-, including prescribed administrative oost incumd by !he Count)', sbalJ ~ _ed agai!l$t such property; and WHEREAS. the CO$! !herc<>f to the ColDlty .. to ead1 porceJ shaD ~ calculaled and repcrted ID the Board of C<>oIuy ç"mJ11iJsiooers, c<>øether with a decaipti<>n of $oíð pII'QIl; and WHEREAS, such ......."""1 5haJ1 be a lepl, v.li<! and binding cbIi¡¡atioo opon m.. property _gai,.- which made unnl paid; and WHEREAS, !be _t shalL becoo1e doe and payable"" later than twcIIty (20) da)'$ of th" d&e of the Llpl Notice of A.........ent and íntereIt shaD acaue on !be œpaid balance beginning on !be date this RaoIutÍlm i. UC(\rded al the ..,.., ofrweWe percent (12%) per- NOW, THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COWER COUNTY, FLORIDA, thai the property described as follows. havin& been abotcd of a public nuisance afta due and propc.r notice tbcrcðf to the ownœ{.) of Hid property, is heteby....-cd the following COSUI of Iud! abtllollWnl, to wn' ~ BARON, MIMON lEGAL DESCRIPTION: LoI 6, LeI)' County Club, Muirfièld, according to the plat thereof, .. réC01dcd ill Plat Book 14, Page 75, of the Public RecordsofC<>Ilier C01IIIt)', Florida. ~moo.80 REFERENCEII': 1675 fQYQ!¡,,551801.oooo '!'he CIeri:: shall (by rcgu\llr mail) mail . copy of Ibis Resolution oIong with Ihe NoUœ of Asseument ofU"" to the Dwner\S) of the abovc-<!escribed propertY. IfwiUlio twerlty (20) days of the dale of mailing !bat copy, !he owner faíl. 10 delíver payment in full to Colli... C"Wlty, the Resolution and Notice of Assc:somcnI shall be =«led in the official rocords of Colli... Couaty, and by recooIìng sbaII C<III$Iitutc a lien agaiœt ilie aboYC-dacribed n:a1 proporty, and to the extent aDowcd by 1_, sblùlabo be . líaI upon all othcI' n:aI and/Of pen¡onal f"'1P""1Y owned by the DOled property owne<{.} in Collie.- County. Tbi$ R""'~llti"" passed and dilly' adopted by the Board of COWIt)' COOltnwiooen of Collier Coufi1y. Flonda, this 25th day of ¡"""",y 200S. ATTEST: DWIGHT E. BROCK. CJ(:Ik BOARD OF COIJI'.;'Y COMM[SSIONERS COl.LIER COUNTY. flORIDA BY: f>ëî)Îrty cieri< BY' Fred W. Coyle ,Cbaianan Approved IS to fonn and Icga1 lUlliciency' ~V~- Thomas C. Palm..., A.st1lJU\! ('.olin!)' I\1tOmèY F: tJiE"U~ II.ESQW1'Kv.f Agenda Item No. 16A3 January 25, 2005 Page 23 of 59 BOARD OJ' COtlNTY COMMISSIONERS THROUGH ITS CODl: ENFORCEMENT DEPARTMENT COLLIER c{){)N1'Y, FLORIDA LEGAL NOTICE OF ASSF.!ìSMENT OF LIEN Bar.., Mlmon P.O. Box 1654 Napl.., FL 341t6 REF. INV.# 1675 DAre FOLTO # 55J002400oo LIEN NUMBER: LEGAL DESClUPTION; wi 6, Lcly CuUIIIy Club, Mwm.1d, a=rom¡ tu !be plot ~f; .. r«:orded ÍI> Pial ßcok 14, "-sc 7S. of the Public Recotds afCum... COùfttY. ¡'1mid... Yuu, .. the uwnet(.) of die property aIrov""""=ibed, .. rocordOO in tbe 1'C'<:Onh maintained by the (lffi"" (If the Property Appnù...., are hereby advised that die Cod. Enforcement Director, did detenniM a public nw_ Willed and COi1$tilutod ft vi<llá1íon of COW1ty rc:guJalÍOA$ on July 13. 2004. and ordered ti,e .bal_ent t>f . certain nuil"""" .~i$lil\t! 0/1 die above property prohibited by OrdílUlliCO No. 99-S1 and .erved . notice ofviolation upoo you. The nuisanco is: U'fU:R; PROIÐBTI'ED IlUMPL~G, ACCUMULA'flON, STOIlAGI! Oil BURIAL OF LITT£R, WASTJi; OR AØANDONDED PROPERTY. You!à¡¡ed It> abate SU£b nuisance; wheteUl<>J1, it ..os obtlkd by the expendillm: of publie funds $I a direct rost of Two Thousand and Pive Hundred ($2.500.00) Dollar. plus an adrnWsmltive cost of Two Hundted ($200-')0) dolllll'S for. cota! {If TWO THOUSAND AND SEVEN HUNDRED DOLLARS ($3700,OO). Such COli, by ReoøJution of the Boord of CounIy Commissioners of Collier Count)', Hurída, .bllll bcoomc . Jítn on yom propOlty IOn... re<:orded after appro~<a1 by tile Boarc!. FAlLtlRETO 11M.t,I"XPAY THE AM.otJNT SPF'<'U'IF.D INTKIS NOnCE MAY IŒStJL1' IN A LIEN AGAINST ð1.L..Q[ YOUR PROPERTY IN COLt.IER COUNTY. t:L..IEN$1MmLHAL. Agenda Item No. 16A3 January 25, 2005 Page 24 of-59 RESOl.U110N NO 2005_ A RESOLUTJ{)N OF THE BOARD OF COUNTY COMMISSIONERS J'ROVIDING FOR THE ASSESS!>c!EJ\'T OF UE.'!!'OR '[HE COST Of THE ABATEMENT OF PUBUG NUISANCE. IN ACCORDANCE \\'ITfI ORDINANCE No, 99-51, AS AMENDED WHEREAS, 11$ provided ÌI1 Ordinance No. 99-51, auUOOCS8Ol'''' OrdinODCC No. 91·47. as ........sed, !be dì:œt cOlt$ of abatement of C<II1&in nuiøoces, índ.uding prescribed .dminiotrarive 000l ineurred by !be County. sba11 be _esscd agaìøat auch property; and WHEREAS, tile cost Iheteof to tile County ¡ to caob pateeI &haJJ be calcu1al<ld and report«! to !be: Boaro of County Comminioll"",. togcú¡a with . description of said pat"'!; and WI!ERr~. ""àI ...-.ment .holl be . leg1\!, valid and binding obli¡ation upon !be property agaiœt whiàl m<odc u..til paid; and WHEREAS, tllè ..........cnt sball bt<otne due and payable no later 1han twenty (to} days of the date of the Legal Nonce of AÞcumcnI and intorest .ball acorue on !be unpád balance beginnín: on !be dale this R_lUlio" is ~ at tile rate of twelve percent (I ZOÆ.) per onnum. NOW. THEREFORE, BE IT RESOLVED BY THI! BOARD OF COID<TI' COMMISSIONER$ Of COLLIER (.'OU]\¡í'Y. FLORIDA, tha1 Ibe property described IS follow<. ba,'inc been IÚ>lltod of.. po¡blic ",,;S8l\Ct oller due and propÐI" nolio<: tbaeof to ilie ownOl(.) of wd property. is hereby _cd tIlè following costs of$Uål.ol!Cll\Clll, to ",it; I:í4W.¡ m,QVER, LIZZIE HOLMES LEGAL DESCRIPTION: Lot 21 of Block I\., in thc ßooourant Subdivirion at Immokal<é, Florida .. """"dee! in !be PubHe Reconi.. of Collier (".oDDty 111 Everglades, Florida. ~ $155.00 REFERENCE#: lS97 f!!1!Q1!¡ 24370600006 The Clerk sJ1al1 (by leguIor moll) m&il & copy of tbis RcooJUlioo along with the NOlico of Aueamcnt of Lien to the owna(s) oftllè above-deocribcd property. Ifwithin lWen1y (20) days of the dale of m&ilmg that coPY. Ihe owner fails to deli_ payment in faU to Colliel: ColRlty, the RcsolUlioo an<! NOIÌoc of __ sholl be nocordcd in Ihe official recooIs of CoIlíu Ccunt}'. and by reconIiDa sbaI! «JllltÌtUle . lien ogAÌ1ISt tIlè above-described real JfO>Or\y, and to the e>.tcnt allowed by I&w, sbaIlllloo be . lien 1IpOI1 all other rc:aI and/or pcnooaI property owned by the notod property owoct(s) in CoIl,... Cc>unty. This Resolution pøssod and duly adoptcd by Ibe Board of County Commissioners of Collier Coonty, Florida., tbis 251b day of J_y 2005. ATTEST: DWIGHT E. BROCK. Clett BOARD OF COUNTY COMMISSIONERS COLUER COUNTY, FLORIDA BY: Deputy ClãC'- BY: Fred N, Coy lei ---:ç¡,¡;¡m;;;n ^ppro.,.od as to fonn OtIC! Ic:gaì ""fficiency: () ~,~ Thotn115 Palm«, Assislalll Collllty Attorney ,~ l..IIN'NSTJI,IQìSOi..lJT1ON Agenda Item No. 16A3 January 25, 2005 Page 25 of 59 BO.un OF COWfY COMMISSIONERS TBROUGlt I1'S CODE ENJi'ORCFJ\U:NT DEPARTMENT COLLlr,R COUNTY, .'LORIDA LEGAl, NOTIC.; OF ASSESSMENT OF ur.N 010_, Li:øie HøImft 3111 S 2"" Street IIIU....I".*, FL 34142 REF. INV,' 2591 DATE: FOLIO 11 243706Ø0006 UEN NUMBER: LEGAL DESCRIPTION: Lot 21 ofB/oel< A. in the Bondurant Stù>divi1li<:m at fmmoh¡.." Flori(¡¡ as ~eII in the Pub/.i. Records ofC,,/lier C'..ounty at Everglades. Florid.. You, .. the <>wna(s) of the property abovc-described. .. mx>rded În the records IUain1aiÞcd by the office of the Property Ap¡nì.... lIle hereby advised thai the COO. Enf",.ement Direct"" did ¡Jetomùne . pUblic nuÛlallce exùted and coI)f\i!utnd a violation (}f rounly rcauJalt01lS (}n AutI,USI 13,2004. ond ot<Iered the 800,,,,_,, of k (Main nui.-e existing on !h. above property prohibited by Ordina"". No. 9\1·51 and served . notice of violation upon }'<>U. Tbc nuì.""". ÍJI: PROID8ITF..J> ACCUMULATION OF WEEns, GRASS, OR OTHER SlJIffi.AR NON. I'ROTEC1T.D O\'ERGltOWTH IN EXC£SS OF EloGlITlIŒN (18) INCIlES INIlEIGUT. You üUied to abale sueh ""i.an""~ whereupon, ;1 woo <Ù>ated by the .apendí""" of public funds at .. ~ «>01 of Fifty.Fh.... (SS5.00} [}OU:orspl\>$ on admitùstrative cost of Two Hundred ($200.00) doU.... for olOUI of TWO HUNDRED FIFl'Y-F1VE DOLLARS ($155.00). SOJCh COS~ by Resolu1ion of the Board of Gouty Commi9OÌonon of Collier Cotmly. Florida, sbaJ become a lien on your property when reoordcd after approval by the Board. FAU.t'Rt: TO ~ PAY THE AMOUNT SMOC:IHEIJ tN THIS NOnCE MAY Rt:$VL T IN A I..tEN AGAINST AL.b.2E YOtiR PROPF..RTY IN COLUER COVNTV. r~ (..E4StMsn lNAt, Agenda Item No. 16A3 January 25, 2005 Page 26 of 59 RESOLUTION NO. 2005_ A RESOLUTION OF TIlE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR TIlE ASSESSMENT OF UEN FOR TIlE COST' OF 'on; A.BA.TEMENT OF PUBLIC NUISANc.E, IN ACCORDANC'.E wmi ORDINANCE No. 99-SI, AS A!yŒNDED ·WHEREAS. u¡amided in orojna¡u;e No. 99-SI, U SllCCessot 10 Or<Ii""""" N<J. 91-47. ... am~, the direct """" of abatement of certAin nuisanoo$. inçluding prescribod lUhuini.1I'OIivc cost inCWTCd by tbe C'-<'II1I'Y. 0l\Il1 be a~ "SImst _h pro¡>ero/. and WHEREAS, 1M oost thereof 10 ,be (..ounl)' ... to each parœI shall be ""I~ad and reportad to the I\Qard of County Commi....ioncr., together with .. dtscriplion of said parcel: and WHF..R.EAS, suob .._I shall be: a legal, valid and bindíng obligation opon the property against wbicb made W>til paid; ar.d WHEREAS, the .._eat shall tx:<:ome dl>" and payable 110 later than ,wenty (20) day.¡ of the dak of the Lq¡a! Notice of A..........,rn....d in,...at shall,,,,,,,,,, 011 tile unpaì<I balance beginning on the <We this ResohniOl1 is """"dad at tile rolOoftwelvo percent (12%) perammm. NOW, TIlJ:o:R.EFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONPJts OF COLLIER Co\JNTY, FLORIDA. lhat the property described 3$ follow,," baVinC been abatad of . public nui....ce after due and proper nOli"" therœf 10 1he òWDer(S) of ...id property. i. bereO}' ~ Ibe following Gos\$ of Nch abatement,to wit; JSðME.;. STONES1lŒET, WILLIAM M LEG"''' DESCRIPTION: Lot 7, Block C, Ri...erwood, Uni' No. ¡., in IIQCOrdance wtth aDd subject 10 p!utm.:orded in PWBook 8, p. 53, of the Pubüç Reconb of Collier County, F1orida. g}§I.¡ $155.00 REFERENCEI/; 2602 EQ1JQJ.i 6981084M06 The Clerk .ball (by _lor mail) rrWI . <:opy of Ibis Resolution along ";d¡ the NOIiec of Asoe.somCllt of Li... to the owDm{s) of the abovo-dosçribed property. If wilbin rM:Oty (1Q) œys of me elate of 1nailin¡¡ that «>!'Y, !he owner fait< '0 dd"'Cf payment in tillI to CAl1ier ('Mmty, the ResoIuúOll and Notice of __ sball be recorded in !he officio! n:mrd. of C'.<>IJier CoImty, and by reœntin¡¡ shall eonsti\Ule a lien against the aboYc-de.ocribc:d real property, aDd to the ""- allowed by law. shall a100 be a Ii"" upon aU other t'Cal and/or """",,01 property owned by the noted property owner(s) in ('.<J\lier County. This ResoIUljo.. pas!!c:d and duly 3dopted. by the Board of CoWlty Commissì"""" of ÇoUierCoont)·. Florida, tm. 2.~1h day of January 200S. AT1'ES1': DWIGHT E. BROCK. CIa!¡ BOARP OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: 6ëPuty Clerk ßY'__..._.___.___. Froð. W. Ceyl.. , CbaitmIIÐ Approved .. to Conn ....d legal ""fficie.,,:y. ___~.W,I&=::::::: 1'bomao C. Palmer. ~ O1unty Alto""'y f': 1.ŒNfMS'ßt.1WSOU!I'1ON Agenda Item No, 16A3 January 25, 2005 Page 27 of 59 BOARD OF COtJNTy COMMI8S.IONttRS THROUGH fl'SCODE ENFORCEMEN'I' DI.'PARTMENT COLLIER CotJNTY, FI.ORmA LEGAl. NOTICE OF ASSESSMIThT OF LIEN StooOfIRet, wWWn M 28L.......or. Dr. Hu<hoo, l\1A 01749 DATE: R£F.INV.II 2602 FOLJO it 6\1110840006 UEN NUMBER: lEGAL DESCR.!!'TJON: Lot 1, mode C. RiWlWQOd, UlI,t No, \" iu a<:c<>:rdarn:e with &II<Ì subject 10 pJðI recorded in Plat aook g, I'll&" 53, of1h.Public Record. nf Colli", CQw,ty.l'lori<ia, You. as u.. owner(.) nf d", property ab<>VO><IescnlJod, as recorded in the reeords maiJuajned by the offiœ of the Property Appraiser, ore hereby adv"",,, that the ('.ode l'..nfóttÐmCtll Dimc:tOl', did determine. public nuìsanc.e cxísUd and constitut«la ',alation of OOWIty regulations on August 17, 201)4, SlId ordered the abtllement of a <erIaÌJ\ nui..nce exJstina on lb. &bov.property probibircd b)' OrdiflAnçe No, 99-51 SlId served. ooli"" of violation upon you, The nui_œ io: PROHIBITED ACCUMULA'l1ON OF WEEDS, GRASS, OR OTHER SIMILAR NON- I'ROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCIIES IN IIklGtlT. Y 00 failed to abate ....,¡¡ rtUi8lU>C.' whem>p<>n, il was abated by the Cltpen<!irure of public funds; aI a dire<:! co.. of Fifty.Five ($55.00) Dollars plus an admu1ÌS1tativ. <ost of Two Huadm! (UOMO) doJlars fur a total cfTWO HUNDRED FU1TY.FJVE DOLLARS "255.80). Such CIJ$I, by Resolution of the Board of County Commì$Sinncrs <If Collier CountY. Florida. abaJI bt:com. a lien on your proporty when nocorded after approval by !he Board. FAfUIRE TO :rJ:!'!ßLX I' A Y THE AMOUJI.'T SPECIFIED IN TillS NOncE ~fA \' RESULT IN A Llt."I AGAINST ðJJ.&[ YOUR PROPERTY IN COl.LIER COUNTY. f: I...IÐ&' 84"TR LNAL Agenda Item No. 16A3 January 25, 2005 Page 28 of 59 Rr,sOLt.mON Nt). 2005-__ A RESOLUTION OF THE BOARD OF COUNTY ('.oMMlSSIONERS PROVIDING FOR THE ASSESSMENT Of U!'.N FOR THE OOST OF iHTi ABATEMENT OF PUBLIC NlJISANCE. IN ACCORDANCF WITII ORDINANCE No. 99-51. AS AMENDED WHERF.J\S. ... p'<wjded in Otdinanc< No. 99-5!, as amend<d, tbe direct costs of abatemeftI of certain I1WsatteeS, includin¡¡, prescribed admil1i&troliv<: coot Incurred by the Coanty, shaIl be .....,....¡ a¡¡aWt suclt property; and WHEREAS. the <ost the,ror 10 lho County as 10 .ad> J"IC<d shaU be caku!"'" and reported Ið the Board of County CommiMion<:IS. togOlbcr wi1h . descriptioo of said pon:ei: MId V<1iEREAS, $UCb """"$SOl...1 shalt be . ,.gaI, valid and binding obligation upon tbc property ogai.... whitb made UÐÛI paid; and \IIHERF.J\S. the assessment shaJl booo1n<: due and payuble DO later than tweaty (20) daY" of the åale of lbe bpI Notice of Assesamcnt and Îo_ ohaD ......"'" 00 1he unpaid balancr t>og;nnìngOI1!be dale thl. R_¡utírm i. re<ard.d at the ral. oftwdve JM'1""eI1I (12%) "'" """um. NOW. THEREfORE. BE IT RESOLVED BY mE BOARD OF COUNTY COMMISSIONERS OF COI1.JER COUNTY, FLORIDA., tI1at the property de8cribed as follows, baving been .bated of. public ''''i....''''' &fief due and prop'" nolice tb....,of to the owner(s) or said property. is bcld>y ...."...,.¡ the following costs of suclt _balemenl, 10 wit: !\IAMF-: WnJÇINSON-MEFFERT CONSTRUCTJON COMPANY,INC LEGAL DESCRIPTION: !At 10 Bio<:k 40, Unil 2, (Moon Gate, ocwrding to !be Plat in Pial Book S. Page 6S Ihrougb 17, inclusive or the Publie rt_«ù of Colliet C~y. Florida COST: Sl,n&_OII REFERENCf:ll: 2613 ~ 03576140008 The Clerk sbAlI (by ",gular mail) mAil . ropy of úùs Resolution akm¡¡ with tbc Noúcc: of Assewnent of Lien to !be owner(s) of !be above--deßcribed properly. If wí1hin -y (20) days of !he dat. of mailínj¡ that copy, Ibe owner fails to deliver paynx:nl in full to (,<>Ilie.- County, the Resolution and ""otiçe of AöessI1lét\1 shan be recorded in !he OIT...aJ records of Collier County. nnd by _ding shaIJ (Cß$tÍIuIe a lien agoinst tbe above"¡"",,ribed real properlY, &rid tn tbc .,,- allowed by law, sbAll abo be a lien upon all other real andfoc pelSODOl property 0"","", by !be DOled property O'.,n¢I(S) ÎA Collie.- Counly. This 1'1...010000 passe<! and dul)' adopted by Ibe Board of CQunt)' Commi";ooers of Collier County, Florida. tIJj¡; 2Sth day of J....uary 200S. A TrEST; OWIGIIT E, BROCK, CJe.rl¡ BOARD OF COUNTY COMMISSIONERS COJ.U6R COUNTY, FLORtoA BY; D..-PUIY CIeri< BY: .~ -~,- f~Q(1 W. Coyl" Approved n. In funn and legal sufficiency; n I _~'í]lt'ICI,-j~-- ThOlllllS C. "wme¡-, Assistant County Anomey F: J..JÐoII M.ITA It£SOI.JJT1ON Agenda Item No. 16A3 January 25, 2005 Page 29 of 59 BOARD OF' COUNTY COMMlS$rONERS TBROOGlI us <:'ODE ENFORC&."fENT DEPARTMENT COLUER COUNTY; n.OIUDA LEGAL N01'JCf: OF ASStsSMF.NT OF' LIEN WUk.iD_-Meffert Cbt Co úu: C/O A"_ 181 Allu....b... Circle ConI! Gab.... fL 33134 DATE: REF. I1\'VN 1613 FOUO # 357.14eooo8 LIEN NUMBER: LEGAL lJBSCRIJ'nON: I..Qt 10, Block 010, Unit 2. OoJden Oate, ""cotdins 10 the Plat in Plat Book S, Page 6S through 77. indusi"" of ÙIco Public R.."",,!$ of ÇoWcr ÇoUlll)'. ¡;lori&. YOII, lIS the "...ner(s) of me proporty .1><'......dOS<:41bçd, .. ",,:oHled in lb. """,rds maiJ¡tainOO by die om"" of !be Property Apprais.... At" h...ob)' advised that the Code Enfurcemctll Director, did detumino . public nuisance exíst:td and .....'I$titukld . \1;01111'<111 ,,[ county regu¡aûom on Septemba' 30, )004, <WI ordered 1M abatemtnt ....f. eort';" nuisance ex;slin¡ <>11 ÙIco above IMPort)· proJuòited by OrdilJllI\œ No. 99·51 and served" notic.. of vio1Mion upon Y"u. The ,,,,¡_ i.: PROWBffED ACCUMULATJON OF WEEPS, GRASS, OR omu SIMILAR NON- PROTECTED OVERGROWTH 11'( EXCESS OF EIGHTEEN (18) INCHES IN HElG.fIT AND LrrTEJit.; PROBIBrrED OOMJ'ING, ACCUMULATION, STORAGE OR BUJUAL OF LJTrER, WASTJ.I; OR ABANOONDED PROPERTY. You &iJod to abate SIIct> nui"",,,,,, ..,.......P"". il wa. abated by the expenditure of public funds at . dired c»st of Four Hundred and Twenty ($420.00) DoIJa", plus an a<ImirtUInli\", "".. of Seven Hundred ($700.00) ¿QUIllS for a tQ(a) or ONE mOUSAND TWO JWNt)RED AND TWENTY DOLlARS ($1.210.00). Suç¡ cos', by R....Jution of the Boord of County Commisaî<:K1<n of CoUier COWlty, FIocì<Ùs, ..alt beconJ., a Ii"" òn yow: """",",y when ~ 4d... approval by U.. B...RI. FAILURIt TO ~ PAY TIlE AMOUNT SPECIFIED IN TBIS NOTlCF. MA V RESUI.T IN A U.EN AGAINST ALL..QE YOUR PROPER1'Y IN COI,I.fER COt)NTI', r, """'>m1I1W11. Agenda Item No. 16A3 January 25, 2005 Page 30 of 59 RESOLl;TION NO. 2005-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDINCì FOR THE ASSESSMENT OF UEN FOR THE COST OF TIm ABA TEMEI\'T OF PUBLIC NUISANCF, IN ACCORDANCE wrm ORDINANCE No. 99-51, AS AMENDED WHEREAS, "" pmvided in Ordinanœ No. 99-51. IS ouccessor 10 ~ No. 91-47, as lIR\tI1ded, Ihc: direct cools of abalcment of ~ nuisan=, including prescribed Idøiliùstrative .....:it incmtcd by Ihc: County. sba!J be U&5SCd against such property; and WHEREAS, !be cost thereof II> the C<>unty .. 10 CId\ parte! shall be calculaICd and repmtod I<) the ~ of Count~· Cotnmi"¡ooers, together with a descnptjon of said pa.rœl; and WHEREAS, .ud! .....,¡smmt shall be a l<:g1Ù. valid and biD<ling OOIi8alion I.IpOO the property against wbi<:h made unlil paid; and WHEREAS. the ...........""t IhaIJ become due and payable no War 1han twenty (20) days of the date of !he LepJ ]\loti"" of AsacsnllenlllJld int.....r shall aca'tIC on the un¡>aid balonœ beginnina un the dale this Resolution is rccoldcd at 1hc rate oftwcJvc pat:e:Dt (120/.) per .....urn. NOW, THERI!FORE, BE IT RESOLVEO BY THE BOARD OF CO\J1l.'TY COMMISSIONERS OF COLLIER (x)\J1I.TI, JIWRIDA, !bat 1hc property described IS follow<, having been abated of . public nuÍSll10C after due and proper ootieo !hereof to the owntr{s) of said property, is hereby ~ the fo1!owíng ",,,I. of such ab_~ IX) wic ~ MAC BUllDERS,mC I.EGAI. DESCRIPTION: Block 5. Lot 6, Palm Spriug:¡ PI-. Unitt...,.,.,...¡ing to the plat 1h=r. .... recordod in PlalBook 8. Page 21, of the Public Re<:onls of Collier County, l'1orida. ~ 52,199.99 REFERENCU: 1m !!2IJ2.1L6571128OØ06 The ClaIt .hall (by regular mail) mail a copy of this ResoMioo oIone wid¡ the Notice of ÑlSC$Smcm of Lien to the owner(s) of the ~bcd property. If ",ithin twenty (20) days of the dale of mailill! ihat copy, ¥be """"" fails to dcUv<:r paymeIII in full 10 Com... Count}', 1hc "Resolution and NoIicz of ~ abalI be rccordod in Ihc: offiCIal m:or<II; of Collier Callnty, an<! by recordill! sbaI1 consûrote a li<:ll against the above>described roal property. and to the exlent oJlowad by law. shaIJ abo be a tien upon all oIItCOf real amIIor pctliOI18l property owned by the noted ITOpCrtY owO«(a) in com... Coont}'. Thi, Rcwlutioll passed and duly adopted by the Board of County CommiSO;OIl"'" of Celticr County, l'1orida, lhis 25tb day of January 2005. A TrEST: DW¡OJIT E. BROCK. ClaIt BOARD OF COUNTY COMMISSIONERS COU.IER COtINTY. FWRIDA BY: Deputy ClaIt BY: Preð Ii. Coyle -----:-Ciiãiünan Approvoò "" to 10m> and Jçga! :JUfficien<>y: ~.. Tiìõïñãt1??~, £\.nr Coun!y Attorney F: UÐIIIrII$TR RSSOUJ'J't()N Agenda Item No. 16A3 January 25, 2005 Page 31 of 59 BOARD OF COlINT\' COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTME/II,. COLLŒR COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF WEN Mac "lIdon, In. 151M! 1'1_ Blvd II 388 PelllbI'oke Pia... FL 330:17 DAm: REF INV.fI 2627 FOLIO 1165'121280006 Llb"N NUMBER; I.EG^L DESCRIPTION: BlDtk 5. 1.016, Pnlm Springs 1'187.4. Unit I, üCCOOilng 11) ÚIC pial thereof. us m:ordcd in Pial Book 8, Pal!" 21, oflhe Public RWJrdsofC"Ili<:r County, ROOda. You, M ÚIC uwœr{s) ðf lhe prop<rt)' abo,e-dcf,cribed, a; ......tde<J in Ibc ~ maiJ,lained by ÚIC office of the: Property ""pprai"",. are hereby odvi.ed tbal the Cod. Enforcement Director, did determine II public nlri,.....ce ""i$ted ADd con.'!IÍtlltOd . "Ialalio. of OOIUUy n;gulal.iOÐ.' on Augu.. 10. 2004, and ,,~ lhe: abatement of. ecru;n 11.1....... ex¡,¡tJng on the: 800... prcpcrt' prohibi/ed by OrdlMMe No. 99-51 and served a oolÍc,," "fvi.latÍ<)ß upon you. The DuiSllOCC is; EXOTICS: AœUMIJLATION OF PROUJBITU> SPE:(:IES ON UNIMPROVED PROPERTY AND l'ROHlBlTF..Ð [lUMPING, ACCUMULATION, STORA(,'£ OR BUR.IAL OF LmER. WASTE OR ABANDONDED PROPERT\' Yo. failed w abot. such nuisance; whereupon, It \\'U .baled by die expenditure of ¡m.blie funds an direct cost of On. 1bow1ònd Nine Hundred and Nin.\y-Nine Doll..... and Ninety Nino CenIS ($1,999.99) plus.n amnÎr,ÍI1raIi.. cost of Two Hundred ($20(J.OO) doUa.1i f.ot a inial of TWO mOUSAND AND ONE HUNDRJi;D AND NINETY·NlNE DOU,ARS ANÐ NINl.TY- NINE CENTS ($2,1"39), Such c".1, by Resolution of tho: Board of Cnunly Cœuníssìonenl or Collier Coonty, Florida, shall become a ¡¡... on yoor propeny wlwo ..."',,rdod after 11"""",.1 by the Board. FA1L11RE TO:I:IME.I.J;: l' A V THE AMOON'r SPECJFI.W IN 11IIS NOTICE MAY RESULT IN A I.JF..N AGAIN:',. ðlJ..Qf YOUR PROPERTY IN COU.1F~ COUNTY. F~ IÆHSfMS'ßt. L~At. Agenda Item No. 16A3 January 25, 2005 Page 32 of 59 RESOLUTION NO. ZOOS·_ A RESOLUTION OF TilE BOARD OF COU"''TY COMMISSIONERS PROVIDING ¡'OR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE. IN ACCOR.DANCE WITH ORDINANCE No. 99-51, AS AMmn)ED WHEJlEAS, lIS provided in <::Irdinanœ No. 99-51. as su=nor to Ordinan<:e No. 91-47, as omc:nded. the din!cI oo.ts of .bat_en! of certain nuioances, Ì1ICIudìng prescribed admioistrati.... oosI ÍO<>III'fOCI by the CoWlIy, shall be ...-.d opinst ""ch properly; and WHERIiAS. the cost tbenoof to dJc County... 10 c:Kb JNlfC"l shall be aIlouJated and reported to the Board of County ComrnísoiQf1Cl'S, together with ð description of oaid pon:eI; and WHEREAS, ou<:h ......- obaJl be ð legal. vaJicI and bínding obIigJllioo upon tbc proptI1y ð8ðinsllVllich made wtil paid; anò \l¡1ffiRE....<;. Ihe a._ .hall become due and p.Y"ble no later than tw""ly (20) daY" of the date of the Lepl Noû>ee of Assessment an<! interest .man accrue OIl dJc unpaid bat.".,., beginning on the date thi. Resolution iHeconIed II the rat. of twelve pertCI1t (12';» per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUN1Y COMMISSIONERS OF COLUI!R COUNTY, FLORIDA, thai the property dœcribed as 10110...... havÌ!tI been abateò of. pub!ìc /Wi...."" after due and proper nOli"" thereof ID !be o\VnOl(o) of oaid property. is h=by .......æ the f,,\lowing cost< of""'" aba_I, 10 wit ~ MACaDlWERS. INC LEGAL DESClUPTION: Bfoolt 3,Lot 6. Palm Sprinss PIaZII, Unit I. according to the pIal Ihaeof. as Tt(;O(ded III PJat Book~, Pagc 21, of the Public Record, of comer Coun~', FJorida, ~$Z,19U9 REFERENCVI: 1628 f2JJQ.!;,.6571U800Ø5 The Clerk ""all (by regular moil) mail . copy of this ReooIution &lona with !he Not;« of Asses$ment of Lien to the owna{l) of the above-deo<:ribed property. If within twenty (20) days of the dale of matting thAI copy, the OMl.. fails to ddiver payment m fun to Golller Counly, the RosolIIIWn and Notice of Assessment shall be reoordocI in the officiaJ reo:<Jrds of Collier Counly, """ by rcconIinll $ball constiltlle . ¡¡.o agaiosC the above-4escribeò real property. and 10 the extent allowed by law. shall also be alien upon all olber real undIor persooaI property OW1t"'¡ by the noted property oW1lel{s} ÙI Collier County. This R<oIolutioo passed and duly adoptoò by the Board of County Comm;moncrs of Collier Co",,!}'. Fl<>rida, this 25th day uf Januory 2005. ATTEST, DWIGHT E. BROCK. CIeri< BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA BY; Ð.;,";'ÖeJ--· BY' Fred W. Coy I.. . Chairmall Approved as 10 form and legal suffiCIency: f) ~~ \D{k-- Thom.. . peJm . Aosist3DI CoI1l1Iy AUt1mey jI,_lJ:E:'INS1RWOI.lJTlO1'( Agenda Item No. 16A3 January 25, 2005 Page 33 of 59 BOARD OF COUNTY COMM1SSlONERS THROUGH ITS CODE ENFORCEMEN1' DEPARTMENT C.1)LUER COUNTY, FU)UDA LEGAL NOTICE OF A.'>S&SSMENT OF UEN Mac Builders, boc 15841 PH BI><I /I J8II Petllbt'Okel'lDes, FL 33tZ1 REF.lNV.N 1618 [)A Th: FOlJO N 'S1U21OOO5 LIEN NUMBFJI.: LEGAL DE.'ICRI.P110N: Block 3, [.01: 6. I'Û11I SprWK' PlWl. Vnit J, _<»ding 10 !be platlhen:of. ;¡,¡ recorded ¡"Plat Book S, J>.ae 21. (tflbe Publie Reoord. ofCoJliot (''''\lilly, fIorida. Yau, u thr owne.r(.) of the propcIty abo."...I.scribed, 118 recorded in the reœrds maintained by lb. ott.ce of the Property A!,ptam, ~ hereby adv".." that th. Cod. rmfurooneøt Director, did delem1ine a public nuí""""" e><ÎStod and coo.'!titutcd a violation of county regulaùons on August 10, 2004, ..w ordered tbe oba%elI_ of. <ertIIin nul"""",, "Kisting on the above property prohibi"-'d by OrdilWle<: Ne. 99-S! and served a noti.. of violation upon Y(I.. The nul"""",, is: I!:XOl1CS, ACCUMULATION OF PROHIBITED SJ'ECU;S ON UNIMPROVED PROPmTY - ACCUMULATION OF BRA1.JLlAN npPERS y ()U tailed 10 aMl" $UCb nuisan«; whc_pun. it ...... .hat«! by the ""poonditute of public fluids tal a dìrecl cost of 0110 'l'butwlnd Ni"" Hundred and Nînely-N,ne Dolla... and Ninety Nine Cents ($1,999.99) pi"" an administraûw cost ofTwa Hundred (S20IWO) dollars fOK a IUIa1 of TWO 11iot)SAND AND ONE IiUNDRED AND NlNETY-N1NE DOLLARS AND NII'o'EIT. NINE CENTS IS2,t99.99). Such cost, by Resolution of the Board of COWlty Commíss¡ooers (If Collier C<>IInty, Florid.. shall become a lien on ;rut11 prop<>ny when rocorded afler "1'1'""..1 by the Bo¡,rd. FAILURE TO ~ .PAY 11IE AMOUNT SPECIFIED lN11IIS NOTICE MAY RESUL'rlN A LIEN AGAINST ÄY&l YOUR ('ROPER'!'Y IN COU.JF.tt COUN1·Y. f:1JIi)I$t...sn.tw.u. Agenda Item No. 16A3 January 25, 2005 Page 34 of 59 RESOLUTION NO. 2005.__ A RESOLUTION 01' THE BOARD 01' COUNTY COMMISSIONERS PROVIDING FOR THE ASSI'$5MENT Of UEN FOR TfI'E COST Of THE ABATEMENT OF PUBLIC NUISANCE. IN A.CCORDANCE W1TH ORDINANCf' No. 99-S1. AS AMENDED \'I'HEREAS, as provided in Ordinance No. 99·51. .. sua:cssor 10 Ordinance No. 91-47. as _ended. the dir<oct costs of abalesmnl of certain ",,¡sauces. including """enDed admmis...auw cost incurred by Ihe County. shall be _eased against ouch propetl)~ and WHè'REAS, the cost thereof to the County as to ..œ parcel IIhaII be caloulated and «,ported 10 Jle BosnJ of County Commissiou"",. togeth... w.ù, . doscripòol1 "hai<l pm:eI; ...,.¡ WHEREAS. sucl\ ......,rm<'t1I "huU h<: . le!IJ, VlÙid un<l binding obIigallon "pot> the property .g.¡nst which made uutil paid; and WHEREAS. the ......- ""aU """"'M due and pa}..bl. 00 later than t"oenty (20) daY" 01 the dale of the Legal Nøtioe of Assc.mnont and interest IIhaII &<:ClUe 00 the unpaid balA!la' beginning OJ] the date this Resolution ì. recorded at thernte oltweh-c petC<:IIt (12%) per annum. NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS 01' COLUER COÙ1\ì'Y, FLORIDA, thaI the prop<!I1y ",,"críbed as lollows, bavíng been ab:1ted of u public nuisance all... due ond prop... nelioe Iheroof to the owncr(s) of >aid property, i> h....by a.....ed the following costs of rucl, abatc:mcnt, to wit, ~ ONOFRIO. ROBERTO ç LRGAL »!i:sCRJM101'¡; Lol$ 27 ODd 28, mock 4. W.H. SU1Ta",}' SubdivisiOl1, uccotdiug \0 Plat Ihom:>f as m:<mIed in Plat Book I. Page 28, of the Public Record> ofCoIlier ('M1J)ty, Florida. ~$%55.OG RE~"ERENCE:/: 1585 f2Lol2.!¡ ~76110&4OGO The Clerk sIuoß (by rcgullU' mail) mail a copy of thi, Resolution along with the Noriœ of A_ent of Lien to tbe owm:r{.) oftbe ahovc-d...nbed property. If..ìtlùn Iwcnly (20) days of the dal<> of mailing tlttl1 copy, tho owner fail. to del;ver payment in full to Collier Co,,"ey, tho Resolution and Notice of Assasntent $boll be recorded in tho official records of Conier Coun.y. and by =urding """0 consiil\J1O . licn agoi...t the .bo"""¡""eribed real propctIy, llnd 10 tbe co tent .!lowed by law, ""all .IS\) be . lím upot\ aU other re<l1 ...-tdior pcr>l>nal property QW1>ro I>y the oolcd property ",,"OI(s) in Collier County. 'This Rcsuluti<m p;I&,cd and dul)' adopted b)' the Boord ul CowllY Commissioner>; of CoHier County, l'Iorídò, lI,i. 25th day of Jonuary 200~ ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COVNTI'. FLORIDA BY: ikPuiYëi~-- BY, ~'r"d II. Coyle . Chaim)an Approved "" to forn' I1I1d legal 51Jfficiency: ~~~ Thomas .. Palmer, Assistant County Allom")' f: UEWI him.. R£SOun1QN Agenda Item No. 16A3 January 25, 2005 Page 35 of 59 BOARD OF COI.IJ'IITV COMMISSIONERS TBRO\JGH ITS roDE ENFORCEMENT Dltl'ARThfJ!:NT COLLlERroUNT\', FWRIDA I.EGAL NOTICE OF ....<¡SItSSMENT OF UF.N o.orn, Robeno C 536% H....... Street Nçies, FL 34113 RBI'. lNV.fI 2585 ()A TE: FOLIO II .,6110l14OOO UEN NUMBER: LEúAL DESCRIPTION: wI> 27 and 28, Block 4, W.H. S\IITI:IIIO)' SubdiYiSÌ<!n, according to Plat thereof .. recorded in Plat Book I, Po8" 28, of the Public ReconIs of Collier Cowty, PIorìd.. You, as dlC 0....01(.) of the J'I'OI'CtIy abovo-dcscribaJ. .. .....".de<\ i. Ibe I'<CCIfd¡¡ maintained by the office of the Property AppnlÌ$Ct, are hmby advised that the Code Enforcemf:l1t DîRlClOr, did d.-ine a public nuisance existed and coœ1íluted a vi<1latioo of COIIJIty rcgult/íom on JUDe 23, 2004, aod ordered the abatement of . cctain oui"",,« exisling "" the abovo property prohibited by Ordinance No. 99·S I and served a IIOtioc of violation upen you. The nuisance 10: PROWBrrE1I ACC.1JMVLATION OF WF.EDS, GRASS, OR OTBBR SJMJ1.AR NON. PROTE<:.TJl:D OVERGRO\o\'TH IN EXCESS OF J£.IGHTUN (18) INCHES eN UElGUT. You faiied tò obote ouch n~; whet<:Up<>n, il wa. ab«ted by the expenditure or public funds at a direct COst of Fifty-Five (SSS.OO) Dollars plus an admínisfntio,e <0>:1 of Two Hundred ($200.00) doll"", for a total of TWO HUNDRED "FrY-FIVE DOLLARS (1155.00), Suçb coot. by R_Juûon of the Board of County COIlUlÙllaioners of CQIIi... County, A<>rida, shan bcoome alien on your property wben mcord<:d after oppmval by lite BoarcL Ji'An.uu: TO 1JMEI.X PAY TDI! AMOUNT SI'Et.'FI'£D IN THIS NOTICE MAY IŒSVLT IN A URN A('.AfNS1' 4U.&l YOUR PROPERTY eN COl.LI.ER COUNTY. F/JI!IISI_uw. Agenda Item No. 16A3 January 25, 2005 Page 36 of 59 RESOW110N NO. 2005_ A RESOLUTION QF THE BOARD OF (X)Vt'.7V COMMISSIONERS PROVIDING FOR THE ASSP$SMENT OF LIEN FOR THE CO:>'T OF THE ABA YEMENT OF PlIBUC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS AMEJ'y1)ED WHEREAS, os provided in OrdilUlllCe No. 99·51, as successor to Ordinance No. 9147. as amcoded, the direct COIUI of lIb_cnt of certain !1uisaru:os, including """",¡bed administrative ¡;ost j,..,.."...¡J by the: County. sh<ùl be ......sed apiost 9\XIb property; and WHEREAS, the C05t th......f to the Cotmty u to melt p""ooI shall be coIcullIIed and reported 10 d..J!oa.rd .(County Commisoioncrs, ro¡c1her with. description of said porod; and WHJ!R.EAS, such _mc:øl ..,"]1 bc . legal, ,&lid aud binding obljølltÍon II>Oft tlto property again.! ",meb made until µ.aid; .nd WHEREAS, the II.ISIWmCDI shall beoo_ due and payable IU) lour than tw""'Y (20) da)'S of the date of \be LepI Noti"" of A......momt and íaI<nIt shallllCCl'UC on !be unpaid bà\.mce bqi!1OÍng "" the date fuis Resolotioc is =rðed at tho rate of tw<:lw perI:CIJt (12%) per omnum. NOW, THEREFORE, BE rr RESOLVED BY THE BOARD OF COUNIY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, Ibat !be property descibed u follows, M'ÌI1tI been abated of. public ....._ after <Jue and proper notice rbcteof 10 the owncr(s) of <aid property, is heItby ...om>ð the: foUowing cost> of SùCI¡ lIbatem""~ to wit: ~ SEFFER, ERIK HAND ,\,STRID V. LEGAL DESCRIPTION: The reat property IocaIa1 at ) I S3 42"' SI SW, NapI... Florida more particularly de$Cribed tt OR Book 1294. Page 151 J in !be Public Records of Collier County, Florid.. ~ ms.OO REFERENCE#: 25111 fmJQ.h 36515120009 The Clerk sh.11 (by ""gular mail) mail a copy of Ihís RewlUlÍ01t along with tbe Notice of AssesanenI ofLiOll to 1be owner(s) of the above-<Icsoribocl propoltY. Ifwilbin -y (2U) days of the ~ of ŒJ&ilÙ1g !II4t copy, the owner fails to deliver pa~ in !il1I to Collier County, the RC$Olution ~ Notice of ^-_ ahaIJ be rIOCOldecI in the official ~ of CoUi... County, and by m:ordini shall 00l10Iitutc: 0 lien .......1 cite obove-desttìbed .....1 propc:r1y, and 10 tbe ""lOIII alloW«! by low, 01\011 .be be a Ii... II>Oft .11 other ...... andlt>r pcrsonal property owned by II", noted prq>en)' owner(o) in Coni... Co\IDIY· Thi. RaoMioQ pused and duly adopted by the Board of C.oont), Commissioners of Colli", Ceunty, f-1orida, this 25th day of Janwuy 2005. ATTEST: DWIOHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: J)qNty Clcd: BV: . Cbaìnnan Fr8<1 W. Coyle Approved as to fOlm and I.SUfficien: ß~k- Thomas 'í7~al1IÌer, !!SÌ.stanI County AI1on>ey f: LIti~lM$~ RtiSOU,11lO1'1i Agenda Item No. 16A3 January 25, 2005 Page 37 of 59 BOAR) OF {;()UI\ïY COMMISSIONERS THROUGH ITS CooE ENFORCEMENT DEPARTi\t:J!:NT COLLIER COUNT\', FLOIUDA LEGAL NOTICE OF ASSESSMENT OF LIEN SdJer, Erik H. SdYtr, Aftrid v. ~5 AcpaII Dr. IIKa ftatoþ, JIL 334% DATE: REF, lNV.iI 1581 FOLIO /I 036$ISl1fG09 UEN NUMBER: LEGAL DESCIUPTlON: The real prtJpcrty loc!ted at 3153 4:<"" 81 SW, Naplc;. FkYida _ particularly dMcribtd at OR Book 1294, Page 1511 in thel'nblic Records QfCollitJ COIIlI\y, Florida. You. AS the ownet(s) of the property above-dcoeribed. '" recorded in lhe records maWained by the ofr"", of lI>e Propo:ty Apprai.er. are h=by advised tbat I.... Code Enforcement Di=\<>r, did dele....i.. . public nui_ce.x;stod and consliluled a violation of county ~guJatiOl1ll on I1l1y 13. 2004, and ordered !he abllemcnt of a ccrtaín nui....."" existing on Ibe .be... property prohibited by o,.di...JIOt: No. 99-SI and sorvcd" ""ti«; of violaûun upon you. The nnis..... is: P.ROIDBITED ACCUMULATION OF WEEDS, GRASS, OR OTIŒR SIMILAR NON. PROTECTED OVERGROWTH IN EXCESS OF .ElGIITEEN (1.1) INCHI!81N mm:.'HT. Yon failed to .bote such nuisance; whereupon. it w.. abated by !he ""PØDwt"'" of public fuod5 at a direct CO$! of l'itty.Five ($.55.00) Ooliirs plus .... adminíSllati"" cost of Two Hundred ($200,(10) doll..... far a total of TWO HUNDRED FlFTY·FIVE DOLLARS ($255.00). Such <:081, by RcsoIuûol1 of the Bo.ord of Coonly Commissioners of Collier County, FJorida, mall become·. Ii." 01' y"ur properly when rerorded afl.r approVll! by tho Board. F AlIÆRE TO I.IMIia.X PAY THE AMOUNT SPEClftEI> IN TRIS NOTICE !\fA Y RESULT IN A LIEN AGAI&'T AL!...Ql YOUR PROPERTY IN COLLIER COUNTY. F_ IJ.J5HSI MS.7R 1.NAJ,. Agenda Item No. 16A3 January 25, 2005 Page 38 of 59 RESOUJTION NO. 2005·_ ^ RESOLUTrON OF '11m BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSF.SSMENT OF Llß'-I FOR 'tIlE COST OF TlfE ABATF.MFNT OF PUBJ.JÇ NUJS."NCE. TN ACCORDANCE WITH ORDINANCE N<>. 99-51. AS AMENDED WHEREAS, .. provided in Ordinance No. 99-51. as amended, the dl~ "".1$ of abaten.otll of certain nui~ incrudìn¡; pres«ibed "dnnniSlBlive cost incwn:d by tho Counly, shall be asoèSIIod ogainsl such property; and WHEREAS, the cost thereof to the County as to each paT...1 sh"n be œlculatod and rq¡ortod to >he Board of County Commission",., together with " description of .aid p""'ol; and WHEREAS. such ".,,""'>enf shall be . loga1, v.lld and bmding obligation upon the property againot wbich mode until paid; and WHEREAS, tlte ......."...1 sball become due and payable no later than twenty (20) days of >he dill. of the Lcg~ Notice of A.....omenl 8IId ,nterest shaU accrue on Ibe unpaid ha1ance beginning on the date t!ús R_IUlíon is recorded at the rate of twelve ~t (12%) per .nroun NOW. THEREFORE, BE IT RESOL VIID BY TIJE BOARD OF COUNTY COMMISSIONERS OF COLLŒR COUNTY. FLORIDA. tbatlhe prt>J>Ct'IJ'dø8aibed os tOllnws. baving been abated of a publi. nuisance after due and proper notice thereof 10 the owne,,» of 50id property, is bacby usessed Ibe following <0* of such obatement, to wit: ~AMF.: TSALACH TNVESTMEÑïS LLC LftGAL DESCRJmON: L(1( J9, Block 191, Golden Gate, Unit 6, aceonlins 10 the Plat in Plat Book S. Page 124 of the Public Roeords ofCol1íer County, Florida ~ $155.00 REFERENCFJ/: 2660 .E2Y.2..!!l 36308:18004 The Clm shaJI (by ",gular mail) mail a copy of this R_lution along with the Notlèe of Assessment ofLíen 10 \be owcet(s) of the .tx>....-deseribed property. If wìt!ún twmly (20) days of the date of mailing that copy, the owner faUs to deliver payment ìn full to Collier County. the Resolution and Notice of t\sse$On1tlU 5hal1 be =rded in the official rceonls of com... Coonty, and by lU:Of'ding ....n eonsritme a lien .goiNt rhe above-<J=ribcd real property, and to the extent .lIowed by la..., .ball 01.0 be aU... upon all other r.:aI and/or pet$Ot>O! property owned by !be noted property ow-<.) in Collier County. 1ñi. R..wutíon p...ed and duly Adopted by Ih. Boord of County Comn.issìoners of Comer County,l-lorid.. aus 25th cl.y of JllJluary 2005. ATTEST: DWlGHTE. BROCK. Clerk BOARD OF C:0lJ};'TY COMMISSIONERS COLLIER COUNTY. FLORIDA BY, Deputy ëï~;k'-'~'--'-- BY: ".ad W. Coyle ,Cbairm... Approved as to Conn alld legal ."ffieieney: lÞ~_?J~' T1>oml'S C. Palmer, f~~_ County Attorney 1". 1JEN>' MST1l moumoM Agenda !tem No. 16A3 January 25, 2005 Page 39 of 59 BOARD OF COUNTY COMMISSIONERS TUROUGH ITS CODE ENFORCEMENT I>El'ARTMENT COLLIER COUNTY, FLORIDA {,1':GAI. NOTICE OF ASSESSME1\ï OF LIEN Tgla'" In..-ù, LLC C/O Dov(ll.. KoutJoa 126814'" A.... N. Naples, FL 34102 REF. INV./I 1660 DATE: FOLIO # 3~3ó818004 LIEN NUMBER: LEGAL DESCRII'TION: Lot 19. Bloc" 191, (jol<cn Gale, Uni16, uœordíng to the Plot in Pial Boo" 5, Page 124 ofthePubbc Reem<!s ofCólhcr County, Florida You, .., the ownor(,) of the property above-deoImbed, as ",,",rood in tb. "",ards maÙllaìnod by lb. offiœ of the Property Apprais.... a"" hereby .dvi5Cd that Ih. Code Euforoemem Vueator. did determine. public nUÌ!ianCe <'xisted znd constituled a violat,on of counl)' re¡ulatioft$ on October 13, 2004. and o,dered the abatement of. certain nUtsance eùsting on the above property proWb,!ed by On;\inaooe No, 99·SI and .....00. notice of YÎ<Jlltic>n upon you. The n.i.."eeis: PROffiBlTED ACCŒ\fULATION OF WEEI>S, GRASS, OR OTHER SIMILAR NON· PROTECTED OVERGROWn¡ IN t';XCF_"S OF EIGIITREN (18) INCHES IN HEIGHT. You failed to abtt. sucb ",un"",,; whereupon, il "'.. ab.æd by U.e expenditure of pubJíc fùnd. at a wecl ""st af Fifty-Five ($55.00) Doll.,.. plus an admJf1ÙI11tivc 0001 of Two Hundred ($200.00) dollars for a tota! of TWO HUNDRED FIFTY-fiVE DOLLARS ($255.00). Such cost, by Resolution of the Hoard of County CommIssioners of CoUi... CoImty, Florida, wn b«ome" li.n on )""r propct:t)' when ",corded atier approval by lb. Board, FAn,URE TO ~PAV THE AMOUNT Sf'r..cIFltm IN TfttS NO't1CE MAY RF.sULT IN A LIF.N AGAINST AL!.&! YOUR l'ROP,ERTY IN COLLJF.R COUNT\', f:U£NS.'Ms..~{"1\fAt. Agenda Item No. 16A3 January 25, 2005 Page 40 of 59 RESOLUTION NO. 2003-_ A RESOLt.mON OF TIlE BOARD or COUNTY COMMJSSIONERS PROVID£NG FOR TIlE ASSESSMEI\'T OF LmN FOR THE COST OF Tim ABA TEMUNT OF PUBUC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS AMENDED WHEREAS, .. provided in On!ín-" No. 99·51,8$ successor to Qrdinençe No. 91-41, IS omended, the three! com of ab.1temeat of cmain ...ø--. induding J'RI'I"rlbed adminíslratíve cost iocurred by tbe Cowdy. sbaH be _ad ~ sua. properI}; and WHEREAS, the <:<1St thctwf 10 the Co....ty as 10 each parcel _I b. ca1cuI.i!ed and reported to tho: Board of C"""I)' COnunis!lio........ tcgctber wilh " desaiptìon of said pcuceI; and WHEREAS, sw::h "''''''''''¢II! .IUlII be . legal, ...lid and binding oblÌjption upon dIe property against wbio::h mode until poid; and WHF.REAS, the ..-mcnt ,ball become due and payable no later than twenty (20) days of the dale of tbé Legal Notice of Assessment and i_ shall """"'" <>II the unpaid balance beginning on the date thÌ$ Resolution i. ~ed at !he ntB of twelve percent (12%) per annum. NOW. '!1iEREFORE, BE IT RESOLVED BY THE BOARD OF COur.ïY COMMISSIONERS OF COU.JER COUNTY, FLORIDA. duo! tt!c property described .. follows, bvin¡ bcon obasad of a publi<: nuisance after due and proper notice tbcrc:of to tho ownet{.) of oaid property, is hcr<.-by ~ the fnll""'ÌIIII costa of such ~ 10 wd: ~ VOLeY, EVENS AND MARIE C. LEGAL DESCRIPTION; lot 3, of tbe Pine Gtove Sabdivision oflllllJ1Okùee, Plorida IS shown of record in Plat Book 2. Page 103, Dead R_rds of Colli", County, Florida. ~S255.00 REFERE.!I/CEII: 2665 .mLJ:Q1.¡,. 6693M4OO114 The ClerI<.b.af1 (by TCØUIar mail) mail a copy of this RcsoIunon alon¡ wilb theNou<:e of Asaessmcnt ofUm 10 the 01I'1lCl(.) oftbc abcve-describcd prop«ty, Ifwithin Iw<nty (20) days of lb. date Gf mailing !hat ropy, Ik owner foi\o 10 deliver pa)'IIICIII in NIl 10 Colli« CoUDIy, tbc Rosohllion .,.¡ NI>tÍCC of Aasessmcm sball be recorded IJ\ tt!c official reoonls of Collier County, and by r_.ròing shalt c:onatitute a Hen apiÐSt the abc_described real property. and to the OXlent allowed by law. sbaU IÙtO be " lien upoo .U other n:aJ IIndior JKI"'01'OI prcptnY owned by the noted property ownct(s) in CoIHcr County. Thi. Reoobotioo possed ODd duly adopted by tbe Boord of County Commisoioncrs of CoUicrCounty, Florida, this 23tl1 day of ¡.nuary 2005. ATTEST: DWIGHT E. BROCK.. Clerk BOARD OF COUNTY COMMISSIÒNI!RS COLLJER CÁJUNTY, FLORIDA BY; \)cpul)' Clerk BY: _.".._-".----~ Fred W. Coyle ' Approved .., 10 jonn and log¡>.! sulfociency. 'ÍÒ~ r~ 'fIIoma5 C, Palmer, Assi_ COUII;y AtIOmoy "ueu......~ Agenda Item No. 16A3 January 25, 2005 Page 41 of 59 BOARD OF COIJNT\' COMMISSIONERS TJlROUGH ITS CODE :£N}'ORCEMENT DEPARTMIi:N1' COLUER COUNTY, FLORIDA LEGAl. NOTICE OF ASSESSMENT OF LIEN Vol."., Ev.... V olcy, I\brJe C. P.O, Box 2fl!57 Immokalee, FL 34143 REF.mV.1I 1665 DATE, FOLIO # 66'1304400004 LIEN NUMBER: LEGAL DESCRIP110N: Lo, ] 3, "nile riJle Grove Subdivi"oo "fbnmokoJee, fllori<!a"" shown of reconl in Plat Boot: 2, Page ]03, D.cd R«:x>rd. of C(I]licr County, FI"ri<ht. Y uu, as the """'0«0) of the properly above-describcd, ... _<Iodin the record:o m.i....""'" by ,he offiee of Ih. Property Appr.iser, "'" berOOI' advised lhat the Code Enfor<emenl Dil'<OCWr. did determine a public nuisance C><isted and consti,ut",j . violation of ""unty regulations on September 20. 2004, and order<><! the lIbal""""1 or. cem.in nuisanc. ",,¡.ring on the 01>0"" property proIùbilod by Ontinanec No. 99-51 and ,,,,",'Cd 811OIi". of violation upan you. 'the nui.ance i" PROamlTED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIIWLAR NON· PROTJ1;C'fED OVERGROWTH IN EXCESS OF EIGHTEEN (IS) INCHES IN HEIGHT. You faiJod to abate suell nui.......; wberwp.m. it was aba.ed by me ...pendjt\lr. of public funds 111 a dn.c. coat of Fifty-Fi.. ($55.00) D<>ll.... p]... fin adnùnistralive ""sl of Two Hundred ($200.00) d<J11"" for alotlll of TWO HVNDRED HFTY·FIVE UOLLARS ($%55.00). Such cost, by Reo;oIutioo of the Buard of c"unly Cornmissionera of Comer County, l'lorid.oi, shan 0000100" Ii.., cn your pro!orty wben recorded .k appro",,1 by the 13<>Md. FAII.tJRE TO IlMELY I'A Y TlŒ AMOUNT SPECIVlED IN THIS NOTICE MAY RJ!'.SULT IN A UEN AGAINST ð.IJ...ill: YOVR PROPERTY IN COI.LIER COUNTY. F, tœN:S/MSTR UfAl Agenda Item No. 16A3 January 25, 2005 Page 42 of 59 REsownON NO. 2005___ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMEt-, OF LIEN FOR THE COST Of TIlE ABATEMENT OF rUBI.IC NlIisANCE. IN ACC.ORDANCF: WITH ORDINANCE No. 99-51. AS AMENDED WHEREAS. .. provided in Ordinance No. 99·5 I. os !UCCeSSOT to Ordinance No.9 I -41, .. amcadcd, !he direct ootl. of abatancnl of certain nuisances, including pres<:ribed administrali ''e COOl incucred by the County, shall be assessod against :N<:h property; and WHEREAS, !he cost there:>f to Ibe c..wuy .. to each parcel shall be calC\llatcd and ....".,ncd to Ibe Board of County COmmission.....1Ogetbcr with a description ofsaid parcel; and WHEREAS. ouch ...=...t shall be a legal. vll1id and bmding obligation upon the property against wlllch nude until paid; and 'W'HEREAS, !be .._cnt shan bee""", due .and payable no !oler than twenty (20) daY' of lhe date of the Lega! Notiœ of As.....'m...t and i.lerest shall a<aUe on Ibe Ullpaid bal.tnce beginning on !be dale tbi. R_Iution is recorded.t the r.I. "ftwelve percent (12%) per alUJUtD. NOW. THEREFORE. BE IT RESOLVED BY THE BOARD OF COU!\ïY COMMISSIONERS OF COLLIER COUNTY. FLORIDA. Ibat the propetty described .. fonows, having "-' aboIed of a public nuisance after due and proper notice thereof to the owner(s) of said propert).. is bezcby ..........:I !he foUOWlllg ""'II of....h abatr:rrn:nt, 10 wil: ~ RlAMBAU. STEV!! & DASILVA, GlLDI!TE A. LEGAL DESCRIPTION: TI1C real property located at 1141 S. Alhambro CircJo, ~ florid", more particularly dcscn1>ocl oJ O.R Book 2613. P"8~' 294. ct al in Ibe Public Rcrotda of c<,m.. CO"",)'. F1onda. ~ $535.00 REFERENCt:#: 2567 IQI..I!l!i 4\3451680008 The Clod< sha} (by ",gill", mail) mail . ropy of tbis Resolution &Ion¡ with !be Noûoc of A_enl of Lien Co the owAC!1s) of the abov~bed properly_ Ifwitbm twenty (20) d.~" of Ibe date of m.iJÌ11I tha1 ropy. tb<: 0"""" fails It> ddiv... payment in full It> Colli« County, the Resolution and Notioc of ........mcnt shan be rcconlcd in the official _oRia of Collier COUllty, and by recordin; shall consticute . Ii.., .&Iust tho abo\lC'd""""öod real property, 8I1d to tho """"It allowed by law, shall aloo be . lien upon all olber real ."dior perwnal property ownod by the nDled propaty owner(s) in Collier Cowny. Tlús R".olution p3S5cd and duly wopted by the Boanl of C"""ty Corm.;..;"".... of CoJlier ('.ouni)', florida. lhis 25th da.y of ¡onuary 2005. A ITEST; DWIGHT E. BROCK, Clc:rl< BOARD Of COUNTY COMMISSIONERS COLUER COUNTY. FLORJDA BY: o.;p;ñy Clerk BY: -~-;;-;~~-----:çiiãuman Approved as to form .t1d Je~'~i; ~ 'Thoma. C. almer, Assi"allt COutlty Anome" f: Uf.Ht M$TR Ilf.SOUmOf'òl Agenda Item No. 16A3 January 25, 2005 Page 43 of 59 BOAR) OF COUNTY COMMISSIONERS TD.ROVGfI ITS CODE El\lFORCEMENT DEPARTMENT COLUER COL'NTY, FLORIDA LEGAl. NOTICE OF ASSESSMENT OF UFoN Ria""'..., Skve Dullva, Cßder. A. H41 Alhambra Circle N"ples, FL 34103 DATE: RJ,.l'. INV.# 2561 !'X)l..IO # 634$2600008 LIEN NUMBER: ŒOAL DesCRIPTION: Th. re.1 property ¡eeùted <>I 1141 S. Alhambra Circle, Naples ~l"rida, mOte particularly d=ribod 01 O.R BOòk 2613. Pages 294, ef .1 in the Public Records of (;om... (;ounty. Florida. You, os Ib<o owner(s) of the (lTOpCrIy almve-deoclibed, .. "",,,rde<! i} file ",<X>r<Is maintained by tbe office of th. Propoorly Appraiser, are hCfeby advised 1hat the Code Enforcement Director, d1d determine a pubhc nuisance cx.ìsted and oonstítoted a violation of county regulariom on April t5, 2004, and Qfdcred the abaicmc:nt of a <Ctt1IÌn nui~ eXIsting on. the alx",,, property pro1u1>ite<! by Ordinance No. 9')·5 ¡ and .""",<) a nufice of violation upori )IOU. The nuisance i>: UTTER; PROBIBlTEJ> DfJMPING, ACCUMULATION, STORAGE OR BURIAL OF UTI'£R., W",..'iTE OR ABANDONDED PROPERTY. You liriled to abal. ouch nuisa"ce; whereupon, if wa. abaled hy Ibe expcJldilUre of public fund. at . din:ct <X>&I of Tbrce Hundred and Elghty-Fivc ($385.00) Dollars plWI ao administrative 0001 of Two Hundrod ($200.00) dollar. rOf a ootal of FIVE IllJNDRED AND EIGHTY-FIVE OOLLAIIS (5585.011). Sucl> eo'f, by I\A:.wlution of th. IJtlard of Coumy Commi..ioBCl1i of Collier CoWlIy, Flo,ída, shaU heco..e . ¡¡"n on YOW' property wh<:o m::orded .ne,. approval. b)' fllc Board. FAILURE TO IlM£LYPAY THE AMOUNT SPECIFIED IN THIS NOTICE MA Y JlESUL T IN A LIEN AGAINST M..b.Qf YOUR. PROPERTY IN COLLIER COUNTY. f: UW$fM$Ut ~AL Agenda Item No. 16A3 January 25, 2005 Page 44 of 59 RESOLU110N NO. 2005-_ A RESOLtJTlON OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSBSSME1\, OF WEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANC'¡;' IN ACCORDANCE wmi ORDINANCE No. 99-S I. AS SUCCESSOR TO ORDINA."Ice No. 91-47, AS AMENDED WHEREAS, as ptovided in Otdinar>ce No. 99-SI, as """"""'" 10 OfdÎllanœ No. 91-47, &S ~ the clírec:t <:oslt! of 1Ib.lelnent of """ain nuisances, inc1uding preI",,'bed aclmínisttarive <:OS! incum:d by tbe CountY. sbalt be aoscso<d .¡¡aiMt sucl1 property; and WHRRBAS, th. CO&! tbœeof to Ibe County as 10 each parcel shall be calculated and ~ 10 die Boa.-d of County Conuni..ion..... togethcr wiÚl a dooaiplioo of said ~; and WHERBAS, such """"smen! shall be A legal. valid and binding obligation upon the property .guinst wroeh made until paid; and WHEREAS, the ..............., ,hall b<c<>nte due ODd p.yable no laIcr than twenty (20) days of !be date of tbe Legal Noti<:e of AssessnJC1'1t and i_ shall ao:crue nn the unpaid bal.""" beginning on the date ÚlÍ3 ResoIutioo is re<:ordtd aI the rat. of twelv.¡>crcent (12%) per annum. NOW, THEREFORE, BE IT RESOLVIID BY THE BOARD OF C'OUNTY COMMISSIONERS OF COlLIER COUN1Y, FWR1DA. Ibat the property described as fOlio....., having been abotcd of a publi<: nutsanœ after due and proper notice tbtteof to !be owner(s) of laid property. is lI....by....wcd the full0wi4g cos'" of such abatement, to wit: t!ðMl;. OSCEOLA, DOUGLAS M. LEGAL DESCRIFfION: The TO>àI pr<>>Ol'lY locotcd 81 225 Me Beth Way. NapIc:s f1oricla, more partì<:Warly described at O.R Book 2n8. Pages S()3, tI aI in the Publk R.ecords of ('.o1li... Collftty. Florida_ ~ $2S5.0CI REFEREI'ICE/I: 26-48 :fQYQ.!i ~1132360002 The Cl.erk ehall (by resul... mail) mail a copy of this Resolution alone with die Notice of Assessment ofLi"" to the owner(o) of the above-dacribed l'f<IP'II!Y. J{ wilbin tM:n1'f (20) days of die date of !hili,,! ChaI copy, the ow..... wls 10 deli..... paymœt in full 10 Collier CoUDIY, the Resolutiotl ond NOIíœ 0{ Assessment aItaIl be rocorded in !be offi<:i.1 nICOrdi of Colli.. County. and by recordiu¡¡ shall constitUW . Ii... QU1ISt the abov<K1cscl'Íbed real property, and to the extent allowtId by law, shall aloo be a lien upon all other real. ondior p....onal property o,",,,ed by !be DOted ",<>>OI'I, owner(.) in Collier County. This Res(>httion p...oo ond duly adopted by the Buanl of CoutUy CommÎJISÍOn.... 0{ Collier Couniy,Florida, this 25th day OfJIIIIU&IY 2005. ATIEST; DWIGHT E_ BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COJJ.II!R COUNTY. 'FLORIDA BY, Deputy Clod< BY: Fred If. Coyle , Chairman A¡>pro\'«I 0$ to funn and h,pl .ußici...cy: Thomul!~er.~:Attomey t: ~ WSTR usoumoN Agenda Item No. 16A3 J.anuary 25, 2005 Page 45 of 59 BOARD OF COUNTY COMMISSIONERS THROU(;a ITS CODE Em'ORCEMEN'I' DXl'ARTMENT COLLIER COU1'lTY, FLORIDA LEGAL NOTICE OF AS.'U;:SSM.tNT OF t.rEN OHeOla, DfttwM. s.a. Box W 9800 Otloopee, FL 34141 REF.INV;/I 1643 DATE: FOLIO /I 01131360001 I:JF.N NUM8ER: LEGAL DESCRll'TION: 'The real properly 10<:IIICd at 225 Me Beth Way, Naples Florida, more pllrticu1...ly cI=ribod at OR Book 2738, ''''II:< 503, ct 41 in the Public Records of Co1!ìcr County, Florid.. You, as the ownotts) of Ih. "",petty ,""ave·described, s recorded in d1e rec:ard. maintained by the office of lbe Property ^ppnri8er, are hereby advÌled ihot the ('<>de EDforcemelfl Dìreotor, did dotmmlm a public nuisanœ ""ISled and consÛ\1tcd a ooaticm of œunty ....J!.Ulation. On September 17 2004, and ~ lb. ahat"",,,,,! of . certain nuisance ""iSling on the .bove property prohibited by Oldman"" No. 99-51 and served a notice of violation upon yoo. The nui...... i.; 1'K00IIBIt'ED ACCUMULA1'ION OF WEEDS, GRASS, OR OTBER SIMILAR NON· PROTECTED OVEJlGROWTIl IN F.xCESS OFB:IGRrImN (II) INCIŒS IN HEIGHT. You foiled to abate such nuL_ whet""""", it wa. abated by the e"pcndìlute of pubI[c funds aI a direct cost of Fifty-Five (S55.00) Doll"", I'M an .dmini~.., toot of Two Hundred ($200.00) doIlam for a toIa1 of TWO HUNDRED I'tFlY-FIVE OOU,ARS (1155.00). Such 00$1, by Rcsoluûon of the BoaOO of ConnIY Commission.rs of Collier County, Florida. shill! become I lien on your J!fGPOftY when recorded After """",VAl by tho Board. II'AJ.LlIRE TO IJ:MW PAY TJŒ AMOUNT Snol'tED IN Tf1IS NOnCE MAY RESUI.T IN A LIF..N AGAINST AL!.&l YOUR PROPERTY IN COUIl',1!. cotJNTY. F: umfS,I M$1'It I.J'ofAL Agenda Item No. 16A3 January 25, 2005 Page 46 of 59 RESOLU1l0N NO. 2005,__ A RP.80LlmON OF THE BOARD OF COUNIT COMMISSIONIlRS PROVIDING FOR 1111! ASSESSMENT Of LIEN FOR THE COST OF THE ABA TF.MF.l\Iï OF PUBLIC \;1JlSANCF. IN ACCORDANCE WITH ORDINANCE No. 9')-S I, AS SUCCESSOR TO ORDINANCE M>. 91-47. AS AMENDED WHEREAS, 11$ provided in Ordinance No. 99-S I, as SLlte........ 10 Ordinance No.9] -47, as ornended. lite direct .,.,... of abatement of ceI1ain oui....ceo, iaoludin¡ prescribed administrative cost _ by lite County, .ball be .sscsscð ogaìMt """" property; on<! WHEREAS, !he COlI \hereof to the CoUlUy .. to ..ch peM:1 shall be calculated ond rq>oI1ed to lite Ø"",d of County Corr.nÍ>~ wgotber wiIIt a iksaiption of said puce!; on<! WHEREAS, such aues_ shan be . legal, ...Iid and billding <>bligatÎon "pon lite propertyagaí1lst whicl¡ mode until paid; and WHEREAS, the __ent shall bc<:ame due aÐd payable 00 later than twenty (20) days of Ibc daIc of tbe legal Notice of ^-.._ on<! ínIen:st ohaIl accrue on the unpaid balance be;jnniDg 011111. daIc tIús R_I"tìon iHe<:otded fit the ràle of twelve pero:nt (12%) per annum. NOW. l1ŒRBF()RE, BE IT RESOLVED BY 'mE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA. that !h. property described as fullows. IurYìn& been abated of a public nuisance after duo on<! proper notíce tbcteof to iii. own«($) of said propertY, is hereby ossœscd lite foJlo,,'ÌIIg œ$lS of such .bal<men1, to "it: ~ OSCEOLA. DOUGLAS M I..EGAL DESCRII'TION: The real property located lit 237 Me Beth Way, Naples Florida, moI'C partioolarly dœetibcd at O.R Book 2138, Pages '03, et aI in 111.. Public Rocmds of Colli.... COImIY. Florid<\. ~m5.00 REFERENCFJI: 264' f2IJ2.!¡ OlUl32310fH111 Th. CJerk sball (by regular maìI) moíl a copy of Ibi. R...olubOD along with úte Notice of A5sessment of l,jell \0 the owner(s) of the abovo-de.cribed property. If widùn twCIIty (20) days of !h. date of moíling IIIAl copy, lite owner fBils 10 delí_ pa~ in full to Colher C<nmty, the R08Olutìon and Notice of !.$i_em sball be ~ in 11>. offic:iaJ re<:o<d. of Collier County. ",,>n .11 01h<:r real andIor pcnonal propeny owned by !he noted property own..(.) in Callier County. This Reo;oIution ....sed aÐd duly adopted by the Board of ColtOly Commi..ionen; of Colli... County, Fl<nida, this 25th day of January 2005. ATTEST: DWIGHT E. BROCK, CJerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA BY: Deputy CIeri< BY: . Cbcirman Fred W. Coyle Approved as 10 fonn and ¡egal sufficiency; Thoma> ~,~AtwmCY f: I..Œ:)b' ¡.un JlESOI.tITION Agenda Item No. 16A3 January 25, 2005 Page 47 of 59 BOARD OF COtJNT'!( C'OMMlSSIONERS THROUGH ITS CODE E1\1iORCEMENT DEPARTMJi:.1Iil· COLLIER COUNT\', FLORIDA LEGAl. NOTICE OF ASSES.<¡MEI'o'T OF l.1KN 0..:..... Do.lI_ M. SA Bœ W 9000 Ochopee, FL 34141 REF. INV.1I Ul7 DA1'E: POLIO /I 01131320000 USN NUMBER: LEGAL DESClUPTION: The ..,.¡ property lour..! at 237 ~ &M Way, Nepl05 Floriœ, more particularly d<:SCribcd at O.R Book. 2138. Pages 503, CI al in lb. PuI>lic Rc<ot<b of Colli... COWIt)', Florida. You, as the Owner(l) of the propertY .ho...-dcscribed, ..., rcoorded in lb. =ord.. maintained by the mJio:e of tb. Prop<:rty App~, ""' hereby advis«! !hilI ilic Cod. I!nf<m:<mlCll! DìrcWH'. did d«cnnine a public nul""""" ""illted IN! constituted a viölotiOll of c:ounly r.gulldions on Seplember 17 2004, ond onIerod the ahalel'llCnl of . certaín nuisance ",,¡,ling on the above propert}' prohibited by Ordinanœ No. 99-51 and served a J)I)IÌce of violation upon you. The nuisl\nce is; PROHlBITE.D ACCUMULATI'ON 'OF WEEDS, GRASS, 'OR 'OTHER SIMILAR NON- PR'OTECTED 'OVERGR'OWTH IN EXCESS 'OF IUGUTEEN (18) INCm:s IN HEIGHT. You failed I<> ah... -" ~..ncc; whereupon, it III.., abated by the ..pondilUt'C of public 1ùnd$ .1 a dìrect ""st of Fifty-Five ($5S.00) DolIlI/'$ pi", 1111 adminiotrative OOOtof T_ Huodrod (S200.00) doUm fur I IOtàl of TWO HIJNDREI> FIFIT ·PJVJ: DOLLARS ($155.1)0). Sudi 000t, by boolutíon of the 5oa¡d of Counly ('.omnrisoícmen of Collier Cowrty, Florida, shall become alien on your property when r...".<Ied after approval bylhc Bœrd. FAILURE 1''0 I1M£.J.J;: l'A Y TIlE AMOUN'r SPECIFIED IN THIS NOTICE MAY Rl!StJ'LT IN A U.EN AGAINST M.!...QE YOUR PROPERTY IN COLUER COUNTY NJllOIl MSTk LNAI, Agenda Item No. 16A3 January 25, 2005 Page 48 of 59 RESOLUTION NO. 2005___ A RESOUJlION Of" THE BOARD Of COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR un; COST 01' THE ABATEMENT 01' PUBLIC NUISANCE, IN ACCORDANCE 'VITI! ORDINANCE No. 99·5 I, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, .. ~ to O..din"""" N<>. 91-47. .. amonded, the direct """'" of abot<ment oJ ecrtAin nuiwtees. induding prescribod administrative cosI iDcuned by the County, sltaJl be.-d agamst such property; and WIIEREAS. 1110 cosI th=f 10 ÙIc t-'ounly .. to each parcel shall be ealculated and reportori to the Board "fCounty C<>mmissio...... tcgollloc with _ descriplion of ,aid pa=1; and WHEREAS. such ......."..,t sbaU be a legal, valid and binding obligatiOtl upon tho property against w!ucl1 mado until poid; and WHEREAS, me __t shall bœome due and payable no later thllll twenty (20) day, of the date of tbe Legal Notice of mcssmenl and inler<$! sltaJl accrue on tm unpaid balanC1: beginning on tbe dalo this Resollllion is ..coordori at the rate of ~tv. pen:cu (12%) per annum. NOW. THEREFORI', BE IT RF_';Q!.VED BY THE BOARD Of COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that the property described as fulJow,. bil\>Ù>g been abatori of. public nllÌ58!1~" after duc and proper notice th""",f to tho ownco(s) of Slid propccty. is heRby ......01:1 ÙIc following 00$1$ of such abatement, to wit ~ MARTEL. CLAUDE LEGAL DESCRlmON; .50 Feel of E 155 Feel of S ~ of Block 1~8, Town.lli> SO. Range 2S North. more porticuhu'!y de$crilicd III OR Be",k 902. Pa!,'" '~23, of the Public Record. of ('.oilier Count)', florida. COST; $155.00 REFERENCEII: :tS76 FO!.IO #: 61843840000 The CIeri< .hall (by regular mail) mail a oopy of this R...,llltioa along with the NOli"" of Assessment nfLien to the ownc:r(.) of tm tIbove-described property. If witb!n IWftIIy (20) days of tbì: date of mailing that ""Py. !be owner fan. to deliver payment in fun to CoUier C<>uaty, the ResolutiOß and Noti"" of A$seosrnent sltaJl be recorded in the o~al record. of Collier County. and by recorrling shaß eonstitute a lien against !he abo\lè-describori real property, aad CO !he "",ent allowed by law, sltaJl also be a lien upon all other real ""dlo.. personal property o""cd by the notori property o\\'ne..(.) in Collier County. This Reoolution paoscd and duly adopted by the Ð,'MI! of County Commissioners of CoI)jer CoWl1)l, Florida. this 25th day of Januocy 700S. A TrEST; DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLIJER COUNTY, PLORIDA BY: Ócput}-ëí;;;:k"--'--- BY: -;;;;;:-~~Yl;;-------;·ë¡\ãiiïñãñ Approvori as co form and legaJ >ufficicney; ......._.......:1l2.~_~~ "Thomas C. p"lmtt, .....'i'tanl County Altom,,)' F: 1JEX.' MST1t IUii$OUmoN Agenda Item No. 16A3 January 25, 2005 Page 49 of 59 BOARD OF COUNTY COMMISSiONERS TUROUGH ITS CODE t:NFoaCElln:NT DEPARTMENT COLLIER COUNTY. FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Marte!, Claude 3190 Ka_Dr. Naples, FL 34112 DATE: REF. fi'-'V.# 1576 FOLIO II 618431140008 LIEN NUMBER: LEGAl. DESCRIPTION: SO F«:tofE 155 FeetofS ~ ofBloçk 13~. Townslùp SO, RAlnge 25 North. IIIore particuJarly described .t O.R. Book 902, Page 1~23, of 111. Publk Rcoords of Collier Counly, Flood.. 'loa, a. Ihe owner(s) )f the pr<>pcrty aÞ)Vf>odescribed, as recorded in the =rd, maintained b)' 111. offiee of the Property Appraiser, .re he.reb)' advised dull the Code Enforcemenl Di,fC\..1QI, did ~cl1nine . public: nuisance cxjtri:c:daud coustituteod a violatìan of county rcg.u1ations on June 28, 2004. and órd...oo tb. .h.,em""l of . éer1JI;n nui".nce exi.ting on tb. .00Y. property' prohìbil<d by Ordinanoc No. 99-51 and """,ed a notice of violation upoo you. The oui"",,,,, tS; PROHIBITED AC<"'UMULATION OF WEEDS, GRASS, OR OlliER SIMILAR NON- PROTECTED OVERGROWTH IN EXCESS Of' EIGHTEEN Us) L'\ICHES IN Il£IGHT. '{ ou f!liled ro abate such nai.an.e; ....h"""'POn, it ...... abated by 1he expenditure of public fund. at a direct 0051 of Fifty-Five (SSS.OL'i) Dollars piu. all adnùt1Ì81nIIì"" cost of Two nundr<d ($200.00) a<>llars fur . toW of TWO HUNDRED I'IFf\' -I1Y£ DOLLARS ($153.00). Such .OS!, by R...,bJtir", of the Board Ilf County Comtnì&.Sioncr. of Cllllier County. Flond., .høJl beccme a lie" on yoar propesty wben r"""rood .ft", approval by the Board FAILURE 'm ~ PAY THE AJl.1ot.'NT SPECIFIED IN nns NOl1CE MAY RESULT IN A LIEN AGA.lNS1' ðJ.d...Q.I YOUR PROPERTY IN COI UER COUNTY, "F: lJENSf~TII. t:tt.\L Agenda Item No. 16A3 January 25, 2005 Page 50 of 59 RESOLUTION NO. 2005-_ A RESOLUTION OF nm BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMEJI;'T OF URN FOR TIŒ COST OF mE A8A'I'EMENT OF PUBLJC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99.51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS,,, prcMdcd in OrdiJumcc No. 99-SI, as Succel$Ol' to Ordinanœ No. 91-47, .. :unen<Ied, the direcl <:1>S!S of oboIement of ocruin IlUÍson..,., induding prescribed adlnìDÙltnotive cost Ù>CIUTod by tbe Call1l1y, shall be _o<d allaìnst such property; and WHEREAS, the cost dlereof [0 the County.. to _II p<U<:d .naJI be c:ah;ulalod mKJ ",-ported 10 dlo Board of C""III] CUlIU!tÎSoi«>ner1i, Iogethcr wi1h. deocriptioJI of..ud porceJ; and WHEREAS. web .....sment shall be . '<gal. valid and binding obligation upon !he pt'OlCftyasaiM which.....de until paid; and WHEREAS, the assessment sban b_ due and payable no llIIa' limn twenIy (20) daY' of the d~ of tbé Legal Notiœ of Assessment and inleteSl sh&IJ JlCCne on the unpaid balanœ beginnmg on \be date Ibis Resolution is recorded at the ... of twelve pereeIJt (12%) per annum. NOW. THEREFORE, BE n' RESOLVED BY THE BOARD OF L'OUNTY COMMISSIONERS 01' COLLIER COU1'<'TY, FLORIDA, I.hat die proper!)' d06aìbed as follow¡, ha\1ng -. ab.ted of a public nuí...."" after due and proper IIOtie< Ihcteof to the owner(s) of said property, is hereby 8ISe§<d thè fullowing <01!t$ of such abatOlneul, to wit: ~ LAROSSA TR, ELIZABETH ANTON IF.GAL DESCRIPTION: 1'1w rèál property Io«k>d .t 223 Glad)" Ct., Napl.. Florida, more particularly dcocribed &1 O.R Book 2031. PI\8CS 128;. eI aI in the Public Reœnb of Collier County, Florida. ~ $255.8& REFltRINCE#:1645 f2LIQ.1i¡ 081131880003 The Clod; $ball (by re¡ular mail) mail & a>py of this Rcsolutioo along with the Notice of Assessment of Lion to the Owner\I) oflhc above-desoribod property. Ifwìtbin .weDty (20) daY' of the date of maìlìng 111#1 copy. 11>. owner faìJs Ie deli_ l8ymen1 in full to Collier County, the R'*'lution and Notice of A$$oument sIIolI b. ~ ÌD the official I'O<òOt'ds of Collier COIII1ly, and by recording sIIoU OOIØtÍIUte a 1.,0 !gain$! .he ebtwc-describ<d ....1 pro""rty, and to the .,.t""t aJlow..a by law. >òbal1 al... be a lien upon nil other real and/or pcrIIOnal property owmd by the "otod propertyownCl"{o) in Collier County. 'This ResoIutioo p>L"""¡ and duly udopIed by tho ßoard of C'A>unty Cormni..,ÍOQ= of CQ\üer County, Florida, 1M 25Ù1 day of January 2005. A 1'TEST: DWIGHT E. BROCK. Qed< BOARD OF COUNTY COMMJSSIONERS <.,"'OWER COUNTY, FLORIDA BY: D<puty Clerk BY: -;;;;;;:- co;;e-----;- Cbaizman Approved as to fonn and legal suJlkien<:y: ~ Thoow Jb P. C . . mer., Aasi.....1 ounty Anome}' 1": ~ M$Tt\wourrtoJr; Agenda Item No. 16A3 January 25, 2005 Page 51 of 59 BOARD OF COUNTY COMMISSIONERS THROUGIIITS CODE ENFORCEMENT D.£PARTMENT COLLIER COUNTY, :fLORIDA LEGAl, NOTtCE OF ASSESSMENT OF UEN Laroo... Tr., Elizabeth Au"'» n'F E A Lar...o. 1717 N.lI.yobor. Dr., Apt # 2640 l\llamJ. Fl. 33131 DATE: REF, LW.. 2645 FOLIO # 00113%880003 LIb"N NUMB£Jt: LEGAL DESCRIPTION: Tho real propc-rly !o<alod al 223 GJ.dys Ct., Nopleo¡ Florida, mo", parliCDJarly described at O.R B<»k 2031. Pag1s 1287, é1 al in \he Publ;" Re"md. of cum... COOUIY, Florida, You, os !he owner(s) of lb. !""Petty .bov.-d..<:ribed, a. reoorde<i in 111. records mllÚ1taìned by Ihe office of tbc f'ropt:rty Appr8Î$er. .... ben:by advised d131 !he Cod<: I:"for.,.,.,o'" ])irecto" did delo""i... a public nui....c. ""Ì8led and constilutcd a violation of county ",gul.llano on September 172004, end ordered tllo abAtement of. certain !IIIlsunCe oxisting 011 ÚIe .bu.e p",'porty prohibiled by Ordinanc<: No. 99·S I and served a nOli.. of "ìo1ation upon you. Tho nuisance is: PROHIBITED ACCUMUlATION OF WEEDS, GRASS, OR OTHER SIMILAR NON· PROTECTED OVERGROWfU IN EXCESS OF EIGHTEEN (18) INCRn IN IIEIGHT. You (ajled to abate such mU~ wbetl!UpóI1, it was abated by the exponditure of publie food.o at . direct oost of Fifty-Five ($5$,00) Dollars plus III> administrative COBl of Two Hundred (5200,00) dollars fur . IOta! "fTWO BUNDRltD FIFTY· FIVE DOLLARS (SZS5.00), SUcil oost, by Resolution of the Board of COUll!y C"mm,"'¡"ne", of ÇoUier Coo"ty, Florid.. .ball be"",n" . ¡,"" on }Our prop.rt~ wben recorded .fter approVIÙ by the [ward, FAILURE TO I!!!!.ELY PAY THE AMOUNT SPECIFIED IN Tins NOTICF. MAY RESULT IN A LIEN AGAINST ð.lJ,.2f YOUR PROPt:RTY IN COLLIER COUNTY. f'U~MSnt.~t. Agenda Item No. 16A3 January 25, 2005 Page 52 of 59 RESOLl!ïION NO. 2005,_ A RESOLUTION OF TIlE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR TIlE ASSESSMENT Of [.[f¡N FOR TIlE COST OF THE ARATEMa.T OF PUBUC NUISANCE, IN ACCORD....NCE WITH ORDINANCE No. 99-51. AS AMENDED WHEREAS. u provided in Ordinance No. 99-51, u _ to OrdiDaw:e No. 9147, .. ....eoded, the dim:t costs of abateml/) of C«Iain ltIIisanees, íncludiug preocnbed admiois1ralív. cost íncw:red by 1he County, shall be ~ agaiDJI such property; and WHEREAS, the cost thereof 10 the <-'ouol)' .. to each pare",1 shall be calcul.tro and reported 10 the Doarð of C01>IIIY ConUDi""0ncr., logether wlm . desoríption of said parcel; and WHEREAS, ....:ù ...,<:smll:nt shall be . legal, vwi<! and binding obligation upon the properly apin.'Ot which mOOt until ¡»id; and WHEREAS. the _t :9ba11 betome due and payable no later !Dan twenty (W) days of the date: of the Leg.aI Notice of A.lseoamenl and interest sball acotUe on the unpaid balance beginning on \be dale thío ResoNtion ìsn:cordcd at lb. raleoftwolve percent (12%) per annum. NOW, TIlERf:.1'ORE., BE IT IŒSOLVED BY TfíE BOARD OF COUr-TY COMMISSIONERS (>I' COLUER COUNTY, FlORIDA, tI..,¡ the property described as follow8. ilaving been abated of a public nuisance after due and proper nolice thereof to Ute owner(s) of said property, i. bereby .........:1 the fullowing <0>"\$ of sO¢h .bat«nent, 10 wil: ~ WEYRAUC.lI JAMES P. AND DIANE P. ¡,RCAI. DESCRIPTION: 1->1 16, ßk>ck C, Royal Palm GolfEstateo Unil No. I, ,,",,!ding to the plat thereof, as reeord<dín PIal Rook t2, Pag.. 13 t<> 18, inclusive, Publie R.eeotd$ of Collier Coonty, Florida. ~S255.00 REFERENCEII: 2659 EQYQ.!¡ 71376880006 lñe Clak .holl (by reauler nW1) mail . copy of this Reo<>IutiotI along wj111 the Notice of AsscsImcnt of Lion II> the ov.'nCt(I} of tbe abo"o-dcscribcd "",port)'. If wjllùn Iwenty (20) days of lite date of mailin¡ tbal copy, 111" owner fail, to deliver pAyment in Nil Co CoDier Co_y, the ReooIUlion IIOd NoIice of Assessm...t sllall be recorded ¡" 111" offici.1 rorord. of Collier County, and by r<cording .hall """"t¡luIc . ¡¡... og¡Ú""t the obovc-de.cribcd real property, oM 10 Ih. ""tent ollo"'ed by law. ....U also be . lien upon .U 0Ibcr real and/or personal property owned by the no(cd proporty ownor(s) in Colli.. County. Thi. Reooution pO>Scd and dul}' 8<loptod by !he Boord of Counly CommÍ$SÌOn= of Collier County, FI<>rida, this 25th day of J.m18r)' 2005. A"TEST: DWIGHT E. BROCK, Clerk BOARD OF C"OUNTY C"OMMISS10NIi'RS COWER COUNTY, FLORIDA BY: Deputy Clerk BY: I!'red W. Coyle , CJurimlQn Approved 11$ to furm III1d legal sufficiency: Thõmu~~~- "l.ÆH.'M.9'f~ kfiSôllJT'lON Agenda Item No. 16A3 January 25, 2005 Page 53 of 59 BOARD 0' COUNT\" COMMISSIONERS THROUGH I'fS CODE ENFORCEMLl\T DIIPARTMLVf COLLIER COUNT\', FLORIDA LF.GAI, NOTICE OF ASSESSMENT OF UEN Weyr....h, Jam... P. w.y......¡,. mall" P. 3990 South Logo SI. Eq"'-od, CO 80113 DATE: REF. L"V.II 2M' FOLIO /I 71376880006 LIEN t.1JMBER: LEGAL DESCRIPTION: Lot 16,1310<1< C, Royal Po!m Golf Est."", Urnt No. I, lIC<1OfIIng to Ih"plat '¡'",,,,,C, as n:corded in Plat Book 12, Pi/!"" ¡ 3 to 18, inclusive. Public Re<orœ. ,,(Collier County, Florida. You, .., lb. owner(.) of Ih. "",petty IÛ>Ov..de;cribed. a. m:ordø in the ,ocord. mlÚntllined by she offic. of lb. P~ API"IÚ""", .'" hereby advi.od !bot the Cod. 8nfurcem...1 Director, did determine a publi. nuisánce ..i",ed ond COCUItituted . violati"" of county regulations "" Septenlber 20. 2004. omi ordered the obaI.menl of. certain nuisance ...,ating on the abQw property prohibited by Ordinance No, 99-5 I IIIId aerved a notic¢ ,,!violation upon yoo, The nwsance is: PROnmlTEn ACCUfll;llLATION OF '''REDS, GRASS, OR OT'llER SIMtLAJ!. NON- PROTECTED OV1!.RGROwru IN EXCF-SS OF EIGHTEEN (18) INCHES IN BElGHT. You faiJod to abate su<:b nu;'once; wherCU)OO, it w.. abated by the expenditure of public fund. al " direct cost of Fifty·Five ($S5,OO) Doll"", ph.. an odminjStJ'aúve co$l nf Two Hundred ($2oo.QO) dollars for . toW nfTWO HUNDRED FlFTY·FIVE DOLLARS ($255.00). Such coot, by R..olution of the !loard of COW1ty Commissionm of Comer Counly, Florida, shan bcl:ome a Ii"" on you, propCl1y when recorded after approval by the Bœrd. FAILURE TO!!.M.EL.r r... Y TIlE AMOUNT Srl!aFIED IN THIS NOTICE MA \' RE.<¡UL T IN A UF.N AGAINST ALL...Qf YOUR PRO PERT\' IN COI.UER COUNTY. F: I..J2NS,' MStR L'tAL Agenda Item No. 16A3 January 25, 2005 Page 54 of 59 R£SOLUTION NO. 2~·__ A ¡U;:SOLlJJ10N OF THE BOARD OF COUl'"Y COMMISSIONERS PROVIDING FOR 11'1E ASSESSMI".NT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE. IN ACCORJ)ANCE WITH ORDINANCE No. 99·5], AS AME!\'OED WHEREAS, as proviå<od in Ordinance No. 99-51,'" suœ<slO' to Ordi11al1Ce No. 91-47, as amended. the dìrccl cooù of abalement of cenain nuÍSllD«:S, including J'l'Ð"Cribtd adminìstralive cost inClll'f\'Jd by the C<>unty, "'all be.-.osed against suål properly; and WHEREAS, the <os1 1h«eof to the County as to eaclt parce1sban b. calculated and roport<d '" lbe Boatd of County Commi..iun...., tog<:l/ler with. deoaiplion of said paJ"Cel; and WHEREAS, ""ch .....'men! ,ball be . legal, .",Iíd and binding Qbhgutioo upon tl>< property against which mad. until paid; and WHEREAS, the ....,..""cnt $ball bew,". due and pAyable no later than lwellly (20) days of the date of the Legal Notice of A8s""""""t and iDter..t shall ac<:rue "" the un"",d NlI..."" begitming "" the date Ibis Resolution is recon:led 41 the rale of twelve ~t (12%) per annum. NOW, THEREFORF~ BE IT RESOLVED BY THE BO.ÞJtD OF COUNTY COMMISSIONERS OF COLliER COUNTY. fLORIDA, \haIthe property dcsaibed IS follows, bøvinS boen IIbaICd of a pub1H> nuisance after due and proper notic:e th<noof to tile owner(s) of said propeny, is here!>y .......ed the following "".IS e¡' sooh abatcmcnt, Ie wit: ~ NOLAN JR TR. LEONARD F AND NOLAN 'fR, MICHAEL SAND MlCH.:\EL N REAL TV 'fRUST LEGAL DESCRIPTION: Lot I$, Block C, RoyaJ Palm O"lfF.stalœ, Unit No. I, aœotdíDg to the plat th.....,r, recorded in PIal Book 12, pjg<:s !3 through 18, of the Public R<oconJs of Collier Counry, Florida. Ç,Qfi¡ $155.00 ~7137696OOt7 REFERENCF.#: 1655 Tbe Clerk "haH (by regula, mail) mlÚJ " copy of tbi. Resolution .wn¡; with the Notice of A_t of Lien to the owner{.) of the abovc-descnbed property. If within twenty (20) ðJlyo of the dMe of mailing \ltal copy, the OW"... fail. to deliver pA)'IIIOOI in full 10 Collier Couocy, the Resolution and Notice of ^""",""""t shall be m;onIed in the official n:cord. of Colli", County, and by reoon!mg shall constitute s líœ against the abovc-dcscribed .....\ property, and to the ",,\eo! allQw<ð by law, "¡uùl 4Iso be . lien upon all other real and/or penonal property o..-nod bj' the ooOOd propcrty<>wner(s) in Collier County. Thi. R.soIutiOD .,.,...,.. and duly adòpt<Od by tb. Board of County Commissioners of Colli", CoWlEy, FloridA, thi. 25th day of J ""UI11Y 200S. A l1liST: DWIGHT E. BROCK, Clerk BOARD OF COllNTY COMMISSIONERS COLLIER COUNTY, fWRlDA BY: Dcputy Clerk BY: ·;;;~~~~·~~~7;:--·--~~'·~·~:'(î~;f';;;. Approved as to fOml and legal :rufficien.y: -,-,-_:n-~:J~.~ Thomas C. Palmèr, A..iotanl COUllly Anorney f: UE~.V M5n.ltf.SOLUTJON' Agenda Item No. 16A3 January 25, 2005 Page 55 of 59 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE I!'.NFORCEMENT DEPARTMENT COLUER COUNTY.!'LORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Nolan Jr. 1'r~ Leonard F l'IoIan Tr, Michael S. Midi... N. RClI~' T.....t 198 C_tnI St. Ap.. I S""""",We, MA 111145 DATE: REF.INV.# 1655 fOLIO # 713769_07 LIEN NtJl\ßER: LEGAl. DESCR.rI'TION; Lot 18, mod; C. Royal!'alm OolfEstatCl. Unit No. L acœrding t"the 1'181 Ibueof. n:cord«l ¡n Plat Book 12. Pages J3 through 18. of"", Public Rcootds "fCollier County, Florida. You, as the owncr(.¡ of the pro¡><:ny .òov."¡cscribed,. a. =rdod in lb. records maintained by the o!lì¡;e of !he Properly Appr.i..... are hereby advised Ihat the Code Enfor"""'.nt Director, did d<lèrm.ine a public noí""""o Cl<iat"d and CODSliMed . violation of county regulalion> on September 20, 2004. and ordered the oI>at.meol of. c<:rtaíu nuísance ..istíng on the above property ptohibited by Ordi"""". No, 99·S 1 and served a ""tice ..f violation upon )I<>U. Th.. nui...."" is: PROUmITED ACCUMULATION OF WEEDS, GRASS, OR OnlER SIMILAR NON- PROTECfED OVERGROWfU IN EXCESS OF EIGlITEEN (IS) I NCHE." IN HEIGOT. Vou failed tl} abat. such nuisanco; wh.......pon, it wos abat«1 by the ""pcndiÌW'e of public funds .. a direct co.t of Fifty.Five ($S5,00) DoJlars 1'1... an adminilU1ltlV<' e",t of ,wo Hundred ($200.00) doll.... fur a tolQI o/"rWO HUNDRED FIFTY·FlVE DOLLARS ($155.00). 811<:11 =1, by Resolution of the Bœtd ot County Commiosionors ot com", ('.owly. !'lorida, shall become a lie.. on y"ur property wI,,,,, """,rdod .fier approval by fue Bo;ord, FAILURE TO ~ PAY THE AMOUNT SPEt."IFlED IN THIS NOTICE MAY IŒ5tlLT IN A LIEN AGAINST A1J..Qf YOUR PROPERTY IN COLLIER COUNTY, f: 1..J:i:N$.1 MS11I. UIÞJ. Agenda Item No. 16A3 January 25, 2005 Page 56 of 59 RESOLU110N NO. 2005·_ A RESOLUTION OF'I1Œ BOARD or COUNTY COMMISSIONERS PROVIDING FOR TIm ASSESSMENT OF LIEN FOR TIlE COST OF TflE ^B^TF~\ŒNT OF PUBLIC NUISANCE, IN ACCORDANCf. wrm ORDINANCE No. 99·5] , AS AMEND!!D WHFJŒAS,... provided in ÛTdiJ1BDCe No. 99-51, as successor to Ordin.....ce No. 91-4í, as amended, the direct costs of abatement of cet1ain m.risances, including prescribed admimstrativc cost incumod by the County, sbt!J be asussed againat such property; and WHEREAS. the cosl thereof to the ('.oUllty as to each parcel sbaIJ be calculaled and reported to the Bow ofCoonty Conlffi"..ion<n, I<tgeUIef with. description of saiò pan:.cI; and WHEREAS. such ...es5lllenl .nail be . legal., velid and bIDding obligation upon the property against which made until paid; and WHF..RF.AS, the assessment sb.11 bec~ due and payable no I.tet than twenty (20) days of the date of the Legal Nob"" of AIlICIISmcnt and intcte.'ll shan ac<:nIe On Ihe unpaid balan<:e beguwing on the date this Resolution i. recorded at the rale of twelve pOf'éel>t (12%) pcr annum. NOW, THERF.FOR£, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COWER CooNry, FLORIDA, thai the property described .... follo_ haVIng been abaled of a pubLic "aisanco after due and proper noti"" thereof to the ownClt.) of sajd property, is hereby' aBSœSed the following costs of such .batemcn~ 10 wit: NAJ..n\: nIOMAS, MORRIS LEGALDESC.1UPTION: 11.. South 5OFo<:1 "fliteNoMb 198.5 Feet of the West 165 Feet uftbe Southwest \,¡ of the Southeast ~4 0 fth. Southwest \,¡ ofSOdÍ<>n 3, T<>I\-nship 41 South, RanJ!è 2!) East. Conier County. Flond. ~ 51.600.00 REFERE1'iCEII: 11167 FOUO II: 00111111000II TŒ CIeri< sbaI1 (by regular mail) mail a <Opy of this Resolution alon¡¡ with the Notice of ~ ofUon \0 the owncr(.) of the .bow-deocribed property. If Wlthío twenty (20) day. of the date of mailing that copy, the owner flÜs [0 dolt,... payment in full to Conier County, the R_IUlion and Notice of Assessment sluJl be recorded in the official records of Colliet County. and b}' ,eco,ding .naIl ""'''tÌlUle a ¡¡en .J...." Ote above-<.1es<;¡:jbed rea! propeny, and \0 the "-"I"'"d.llowed by I.w. sh.JI .Iso be a ¡ien upon 0.11 other n:aI and/or pern>n.1 property Dwn.:d by the not.:d proper!)' owOO«.) in Colli... County. 11>i. R....,lutíoll p"""'¡ and duly adopted by the Bou<! of Counly C'.ornmis¡;K.¡¡"", of comer C'.ounty, Florida. ttm 25th day of January 2005. A'ITEST: DWIGHT E. BROCK, Cle1k BOARD Of COUNTY COMMISSJONERS COLLIER COUNTY, FLORIDA BY: DepuIYC~-'-- ny: Fred W. Coyle , Chaum.n Approved as to IOnn and ¡eg¡¡l""mcicncy: ._---=-~.J¡.,.....-- Thomas C. Palmer, "',i>Un1 Counly Attorn")' F: ~""'" Msn. 1U!SOu.rnoN Agenda Item No. 16A3 January 25, 2005 Page 57 of 59 BOARD OF COUNTY COMMiSSIONERS THROUGH ITS CODE ENFORCEMENT' DEPARTMENT COLLIER COUNTY, FLORIDA LEC.AL NOTICE OF ASSFSSME!Io'T OF UEN 1100...... Morris 19O5Ø NW 156'" St Okeedloh.... n. 34912 DATh: REf. !NY.II 2661 FOLIO #0011 71óOð08 LIEN NUMBER: LEGAL DE.'ICItD'TJON: Tbe South SO Peet of !be North ]98.5 Pee, of the We.rt 165 Feet of the Sou!h"'''''t ~ "f!be SoutbØl!Sl !Ió "flbe 5outh\\'COI ''¡ of Sect;"'. 3. Township 4; South, RIII18" 29 F.\U1. Colli", (''''''my, Florid.a Yoo, .. the owner(s) of lb. property obove-deS<:ribed, .. rooordc:d in die rccOT!b; maintained by !he office of the Propeny Al'pra;.«, .,.., hereby adviocd that the ('.00.: Enforcemem DitoC1Or, did de.cnníne a public nui.....e exiMed IUUi colutilllted a vìoWion of coumy regul",iom on April 30, 2004, and orooted the abatement of a certain nuisance eXÌ£tíng on the above pro~ prohíbitc:d by C>rdinftl\C<: No. 99-51 o"d served ¡¡ ooticc of violation upon you. The OW""""" ts: EXOTICS: ACCUMULATION OF PROUIÞITED SPECIES ON UNiMPROVED PkOJ>ERTY - ACCUMULATION OF BIUZIUAN PEPI'P.RS You failed to abate such nui.anœ: whe""",on, it was llbated by the èxpenditun: of public fun<I$ at 0 dUect "".t of Two Thousand IIId Four Hundred ($2.400.00) Dollars pi... 01. admmistrali", colt ,,¡Two Hundred ($200.00) dollars for. total of TWO THOIJSAND AND SIX HUNDru:D DOLLARS ($2600.00). Such CO'1. by Re""¡""",, of \he 60...d of County C'.omDÙssioa..... of Collier ColDlty, Florida. ;hall be..'OOIe a lien on your propCl'ly ..'hen rcoordcd .1Ier approval by the BOArd. FAILURE TO ~ PAY THE AMOUI'<'T SI'ECIFIF.D IN THIS NOTICE :\-1A Y RESULT IN A LIEN AGAINST AL1.Q[ YOUR PROPERTY IN ÇOLLIER COUNTY. f Lei$t...'1J, l1IoU. Agenda Item No. 16A3 January 25, 2005 Page 58 of 59 RESOLUTION NO. 2005· A Rr.sOUJTION OF THE BOARD OF ('OUNT)' COMJ.USS¡ONERS PROVIDING FOR TIff ASSP.sSMb"NT OF LIEN FOR TII£ COST OF THE ABATEMENT OF PUBUC NU[SANCE, IN ACCORDANCE wmi ORDINANCE No. 99.$1, AS AMENDED WHEREAS, as provided in Ordinance No. 99·$1. as .uccessorlO OrdilUlflœ No. 91-47. as amended, Ihc: direct <:osts of abatement of CCJ1t1in mriS8l1ccs, including presaìbed admini.ttaIi"" <:ost ~ by tbe County, sball be ......,...¡ allainst such property, md WHERE....S. Ihc: cO$! thereof to !he County as to each parcel shall be C2!cUÙl1od an<! tcport<d 10 the Board of County ('.ommissiollers, lo@<:tbcr with. deocript;on of....d palCcJ; aud WHERE-I\.S, such "'..,...nonl ......1 h. . legal, valid and bmding obligation u¡xm me property lI8"ìn.st ",iùcb mad. Wltí1 paid; and WHEREAS, the ...cssment shall become due a"d payable no Iala than twenty (20) days of the dale of the Legal Notice of Asiessment and ,_ sbaJ! aecrue on the unpaid baloncc beginning on !be date Ibis Resol.líon .. recorded at Ibe rste of twelve per<:enl (12%) per annum. NOW, THEREfORE, BE n' RESOLVED BY THE BOARD Of COUNTY COMMISSIONERS OF COWER COONTY, FI-ORU>A, thet the property described as follows, having been .bated of. publì<: nuísan"" after due and proper "oti"" thoreof to Ibe owner(s) of wd property, is hereby assessed the roUowing costs of such aba,,,,,,,,,,t, ,<> wit: ~ MORIARTY, JUDtll! AND ('..ONNORS, CYNTHIA AND NA V ARRA, DEÑ"NIS LEGAL DF.sCRlPTION: Lot 34, Block A, Royal Palm Golf.Estotes, thtit No. I, """"wing It> ,I><> plot thereof: n:eordod in Plat Book 12, Pages I' through 18, oflhe Public Records of ('oilier County, FlOOda. ~SZS5,OO REFERENCEI/: 1658 IQlJQ.!¡.71371480003 The Clerk shan (by regular mail) ",.,1 a copy of this R_lutioo along wttI1 the Notice of Assessment ofUen '" tile owncr(s) of tile $bovt>doacribed property. Ir within 1Weft!y (20) days <>f the date of mailing tha' copy, !be <>Wßer fails to deliver pa>men( '0 MI to Collier County. !be R_lution and Notice uf Alisesm>ent .hall be recorded in the official record. of Colli... County, aud by recording "">II constitute a ¡¡"" asainst the abuvc.<J<:s<ribed rcai properly, and 10 !he extent allow<d by law, shall alao be . lien upon aU oOIer real ""dlor pec1!onal property o"''Red hy the n",led properlY owner(.) in Collier Counw Thi, R_t.tion pas>¢d and duly '''<>pled b~· ihe &ord ",f COlmty Con>missioners <>f Collier COWlly, Floods, tlú$ 25th day of ¡"""ory 2005. AITEST: DWIŒff E. BROCK, Clerk BOARD Of COU!loïY COMMISSIONERS COLLIER COUN1-Y, FLORIDA BY: Deputy Clerk -_._~.,--_._--_. BY:___........... Fr~d w. Coyle , Chairman Approved as 10 tonn and 1~ö:aJ sutrwienCYJ?~ ~'er, Msislmt ('",unly Attorney p, UÐoi1MS"1'X R£WUfJ1O'N Agenda Item No. 16A3 January 25, 2005 "Page 59 of 59 BOARD OF Cm¡NTY COMMISSIONERS THROUGH ITS CODE ENJo'OR,C£MENT DEPARTMENT COLLIER CQUNTY. FLORIDA LEGAL NOTICE OF ASSESSMENT OF IÆEN Moriarty, Judllb eo........, <.-)utlli. Nan.n, DeDDI. 817 ,.,. Av. N. N"pI... PL 3<4108 REF. !NV.1i 1458 DATE: FOUO Ii· 71371480003 LIEN NUMBER, LEGAL DBSCRIPTION, tol 34, Bloclc A, Royal Palm GolfE.tates, Unit No. J, ."""rding to 1he plat Ihe:eof. teoonl<d in Plat Book 12. Pages 13 through 18, oflh. Pub!i<: Rt<:orŒI OfCAm... COlin!)', Flarida You, as lhe owner(.) of the property .Ix",,,..tcscribed, as rcé()rded in the roc:ords mllÌntamed by I." off""" of the Proper\» Appr.i,cr. ..., hereby odvioed lhat the Cod. Enf"""""""t DÍleclor, did dClénDine . public nui....... ....isted and oonslìtulod . violation of county regulations on Seplernbor 23.2004, and ooJa<:<! the abat"""",! of a certain nui..nee .'<l.~n¡r. on the above prop<rty prohibited by Ordinance No. 99-51 and served a noti.. of violacion upon )'Ou. The nuis""ce is; PROØWITEÐ ACdJMUI.ATION OF WEEDS, GRASS, OR OTHER SIMILAR NON- PROTECTED OVJ!:ROROV\<TH IN EXCESS OF ElGHTEF..N (18) INCHES IN HEIGHT. You failed 10 abate such nuÍJlll1lCC; wbereupon, it was abaled by lhe cxpenditure of public fl1t1d. at a direet COOl of Pifty·fiv. {$SS,OO) Doll.... plus an admini.....tiv. cost or Two Hundred ($200.00) dollars for a Iota] of TWO HUNDRED FIFTY-FIVE DOLLAlIS (SZ55.DO). Such cost, by R"",,!ulÌ<m of !.he Bo.,,! or Col1t1ty Commissio"""" of Collier County. forida. .ball bcwmc a lien OJ! your prQperty wi.... """"dod .Iìcr ,,!>prov.! by the 8oiUd. FAn,VRE TO:JJJWY.I PA V THE AMOUNT SPECIFIED IN THIS NOTJCE ~tA Y RESULT IN A LIE..'" AGAINST dY&[ YOUR PROPERTY IN COLLIER COUNTY. F; I:..lmiS.< MXTI. uat Agenda Item No. 16A4 January 25, 2005 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve two Satisfactions of Lien for Resolution Nos: 2001-213 styled Board of County Commissioners vs. A1ftedo L. and Anne C. Ramirez and 2002- 349 styled Board of County Commissioners vs. Stuart O. Kaye. OBJECTIVE: To approve the two Satisfactions of Lien in the above styled Nuisance Abatement cases: 1. 2001-213; Board of County Commissioners vs. Alfredo L. and Anne C. Ramirez. 2. 2002-349; Board of County Commissioners vs. Stuart O. Kaye. CONSIDERATIONS: - 1. 2001-213; A public hearing was heard before the Board of County Commissioners regarding violation of Ordinance No. 99-51 of the Collier County Land Development Code. Resolution No: 2001-213 was approved and recorded in Official Records Book 2853, Pages 2348, et al. In February 2004 the lien amount was paid in full and ownership of the real property has subsequently changed. The current owner is Jose R. and Nersa V. Reyes. In order to clear the lien a Satisfaction must be executed as all requirements have been met. 2. 2002-349; A public hearing was heard before the Board of County Commissioners regarding violation of Ordinance No. 99-5 I of the Collier County Land Development Code. Resolution No: 2002-349 was approved and recorded in Official Records Book 3121, Pages 1545, et a1. In November 2002 the lien amount was paid and therefore a Satisfaction of Lien is in order as all requirements have been met. FISCAL IMPACT: The fiscal impact related to recording will be in the amount of Twenty Dollars ($20.00) for two satisfactions (1 page each) plus Clerk of Court fees. This cost will be paid by Code Enforcement 111-138911-649030. GROWTH MANAGEMENT IMP ACT: This request will ·have no impact on the County's Growth Management Plan. LEGAL CONSIDERATION: This request has been reviewed for legal sufficiency and has no outstanding legal considerations. RECOMMENDATION: That the Board of County Commissioners approve the Satisfactions of Lien in the above referenced cases and authorize their execution and recording in the Public Records of Collier County, Florida. Prepared by: Sbanelle Hilton, Administrative Secretary, Code Enforcement. ~..-.... Item Number Item Summary Meeting Dlte Ageeda Item No. 16M January 25, 2005 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A4 Recommendation to approve tWD Satisfactions of Lien for Resorution No's: 2001-213 stylRd Board of County Cornmia.Gianers vs Alfredo L. and Anne C, Ramirez ancl2002-349 styled Board of COlmty CommisBioners VS. Stuart O. Kaye 112512005 9:00:00 AM Prepared By Admjllij;.tnlt~yn SP.I~rot¡ry 1/101200510:57:31 AM Shillmlle Hilron Community Development & Envif'Onmental Services. Date Code I~nforcement Exec.uti....E': Sttcretary Date Approved By Sandri' lea Community Q(.>Yelopment & Environme.ntalSefvlCUlõ Cmnmunity Devlt¡)pnmnt & Enviromnentill Se,.."icll's Admin. 1/11/20054:27 PM Da" Approved By Con stance A. John s.on Cornmunì1y Deyelopmatll" Environmental Services Operations Analyst ComrnurÜty De-vl!'Joprnent &. En'Vironmental Services Admin. 11131200511:11 AM Cod~~ Enforcement Dimd:or Dnt~ Approved By MìGhp.lln Edw~lrd$õ Amnld Community Development & En'lironmet1t..1 Service.s. Code Enforce>lTlf'lnt 1,'1;)/200511:42 AM Cute Approved By Jø:Utph K. Schmitt Community D~\wll)pnutllt" Environmental ServlcF.ls- Community D~"'(tlopment & Enltlronmental Services Adminstrator C()I1II1U"¡ty l)evl!!lupment & E""ironmental Services Admin. 1/13/ZQ05 5:38 PM Administr-",tive Ass.i$t¡:mt Date Approved By OMB Coordinator County Manager's Office Office of Management & Budget 1/1"'12005 10:51 AM Manan(!t~nt & BudgElt Din:!ctot Dute Approved By Michal!1 Srnykows.ki CO-\.\Mty Manager's Office OffÎCe of Management & Budget 1114i2005 2:05 PM County ManElger Date Approved By Jarrres. V. Mudd Soard of CDunty Commisg.ioncrs County ManIil.J;ler'$ Offi~ 1/17/200510:48 AM Agenda Item No. 16A4 January 25, 2005 Page 3 of 4 71llS INSTRUMENT PREPARED BY.{ RETURN 10: NAME: SHANELLE HILTON COLLIER COUNTY CODE ENFORCEMENT ADDRESS: 2800 N. HORSESHOE DRIVE NAPLES, FL 34104 PARCEL LD. # 0036242840005 OWNER(S): JOSE R. AND NERSA V. REYES FORMER OWNER ALFREDO L AND ANNE C. RAMIREZ SPACE ABOVE TIllS UNE FOR PROCESSING DATA SPACE ABOVE TIDS LINE FOR RECORDING DATA SATISFACTION OF LIEN This is to certify that the claim of lien for nuisance abatement, a violation of CoIIier County Ordinance No. 99-51, as amended, in the sum of Two Hundred and Forty- Five Dollars ($245.00), arising out of the Board of County Commissioners Resolution No. 2001-213 dated June 12,2001, recorded in OR. Book 2853, Pages 2348, et. seq., of the Public Records of CoUier County, Florida, against the folIowing described real property, and all other real and personal property, located in Collier County, which was owned by Alfredo L. and Anne C. Ramirez, has been paid in full and is hereby voided, cancelled and released. Lot 16, Block 169, Unit 5, GOLDEN GATE, according to the plat thereof recorded in Plat Book 5, Page II, of the Public Records of Collier COlmty, Florida. Folio No. 0036242840005 Dated this ~5~). day of j&\nVðI (\.j ,2005. A1TEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Fred W. Coyle , Chainnan , Deputy Clerk Approved as to fonn and legal sufficiency: lõlN\ p~ Thomas C. Palmer Assistant County Attorney Agenda Item No. 16A4 January 25, 2005 Page 4 of 4 THIS INSTRUMENT PREPAIŒD BY & RE1VRN lV: NAME: SHANELLE HILTON COWER COUNTY CODE ENFORCEMENT ADDRESS: 2800 N. HORSESHOE DRM NAPLES, FL 34104 PARCELI.D. # 36114520000 OWNER(S): STUART 0 KA YE srACE ABOVE TIIIS LINE FOR PROCESSING DATA srACE ABOVE mIS LINE FOR RF.CORDlNG DATA SATISFACTION OF LIEN This is to certify that the claim of lien for nuisance abatement, a violation of CoUier County Ordinance No. 99-51, as amended, in the sum of Two Hundred and Fifty-Five Dollats ($255.00), arising out of the Board of County Commissioners Resolution No. 2002-349 dated September 10,2002, recorded in O.R. Book 3121, Pages 1545, et. seq., of the Public Records of Collier County, Florida, against the following described real property, and al] other real and personal property, located in Collier County, owned by Stuart O. Kaye, has been paid in full and is hereby voided, cancelled and released. Lot 26, Block 122, Unit 4, GOLDEN GATE, Plat Book 5, Pages 107 - 114, inclusive of the Public Records of Collier County, Florida. Folio No. 36114520000 Dated this .." b~ day of Ja"l.la ry ,2005. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk Fred W. Coyle , Chairman Approved as to form and legal sufficiency: n;;;-~"';:J!)."-- Assistant County Attorney Agenda Item No. 16A5 January 25, 2005 Page 1 of 12 -- EXECUTIVE SUMMARY Recommendation to approve the application by Genapol for the Job Creation Investment Program, the Advanced Broadband Infrastructure Investment Program and the Fee Payment Assistance Program OBJECTIVE: Approval of the application by Genapol for the Job Creation Investment Program, the Advanced Broadband Infrastructure Investment Program and the Fee Payment Assistance Program CONSIDERATIONS: On November 18, 2003, the Board of County Commissioners adopted Ordinance No. 2003-59, which is Code of Laws Chapter 49, Article V, establishing the Advanced Broadband Infrastructure Investment Program, Ordinance No. 2003-60, which is Code of Laws Chapter 49, Article III, establishing the Job Creation Investment Program and Ordinance No. 2003-61, which is Code of Laws Chapter 49, Article II, establishing the Fee Payment Assistance Program. These programs are available to targeted high-wage companies that desire to relocate or expand within specified areas of Collier County and are designed to reduce the economic effects of increased development fees as well as relocation and/or expansion costs. The Programs have specific eligibility requirements including the number of full-time jobs to be created and retained, the average wage of the jobs, timing of the jobs being in place and the type of business being proposed. - On December 14, 2004, Genapol submitted an application to be considered for the Job Creation Investment Program, the Advanced Broadband Infrastructure Investment Program and the Fee Payment Assistance Program. Genapol is a new start-up business, which provides "certified aircraft composite component manufacturing, aircraft parts distribution (pZL Mielec Aircraft), composite kit manufacturing and assisted assembly, product displays, warehousing and distribution." Genapol is cUlTently based in Poland, and through the recently approved partnership agreement between the Florida Tradeport and Poland's Industrial Development Agency and the Economic Development Council's Trade Mission to Poland, Genapol is considering expanding to the Florida Tradeport in Immokalee, Florida. Genapol has contracted with Sky Truck LLC to produce composite components for the Sky Truck airplane. Genapol is in the process of completing its Florida incorporation as a privately held for-profit company. Although Genapol is a new business and therefore has no history of revenue growth or employment data, the initial start up of the company is being funded by the Principal of the company, Mr. Art Ross, who has a successful track record of business ventures both in the United States and Poland. Genapol proposes to create twenty (20) new jobs in CoJIier County by December 31, 2006, at an average wage of $36,000, which is 115% of CoJIier County's 2003 average wage. The company is also proposing an initial capital investment of approximately $750,000. Based upon the above commitments and their participation in the State of Florida Qualified Target Industry (QTI) tax refund program, Genapol is eligible for $20,000 in Collier County Job Creation Investment Program funds to be paid over three consecutive years following creation of the jobs. - Genapol has also requested to participate in the Advanced Broadband Infrastructure Investment Program. The program is available to local companies either constructing a new building or renovating an existing non-residential building and upgrading it to be a "smart building", facilitating the installation of advanced broadband technology. The applicant has requested $25,000 of incentive _..__u..".___,____....,.., Genapol Page 2 Agenda Item No. 16A5 January 25, 2005 Page 2 of 12 funds, to be paid in equal amounts of no more than $8,400 per year, over three years. FoUowing the installation of the system, the participating company may request the first of the authorized incentive payments. Genapol is eligible for Fee Payment Assistance Program funds not to exceed the dollar amount of the impact fees associated with the project. Based upon the program criteria, the maximum amount of Fee Payment Assistance funds that may be awarded totals $52,695. The final impact fee calculation will be completed prior to the issuance of a building permit for the proposed development. Included within the provisions of the Fee Payment Assistance Program, for companies located within the Immokalee Community Redevelopment Area, is the use of 50% of the tax increment financing (TIF) funds associated to the qualifying development as a partial funding source for the Fee Payment Assistance Program. However, Genapol will be located at the Florida Tradeport (Immokalee Airport) which is owned by Collier County, therefore no property taxes are paid making TIF funding unavailable. This incentive award will be funded by General Fund revenue that was specifically identified as a funding source at the creation of this Fee Payment Assistance Program. Staff will prepare the Job Creation Investment Program Agreement, the Advanced Broadband Infrastructure Investment Program Agreement and the Fee Payment Assistance Program Agreement, and each will be reviewed by the County Attorney's Office for legal sufficiency. The approved agreements will be signed by a designee from Genapol and by the County Manager on behalf of Collier County and will be recorded in the Official Records of Collier County. Genapol meets all of the Advanced Broadband Infrastructure Investment Program requirements set forth by Ordinance No. 2003-59 in Code of Laws Chapter 49, Article V, the Job Creation Investment Program requirements set forth by Ordinance No. 2003-60 in Code of Laws Chapter 49, Article ill and the Fee Payment Assistance Program requirements set forth by Ordinance No. 2003-61 in Code of Laws Chapter 49, Article II, as a Targeted Industry expanding within Collier County. Therefore, approval of this application will help to promote the creation and retention of jobs in Collier County. The Genapol project will be divided into two phases. The infonnation contained in this Executive Summary relates only to Phase I construction and jobs. Staff will return at a future Board of County Commissioners meeting to present the proposed incentive package for Phase II of the Genapol project. FISCAL IMPACT: =:> Job Creation: The applicant has requested $20,000 of Job Creation Investment incentive funds, to be paid over three years at the rate of $1 ,000 per newly created job, to be in place on or before December 31, 2006. Following creation of the specified jobs, the Company may submit a Request for Funds to the County Manager to be paid at the beginning of the County's fiscal year folIowing the date that the newly created jobs are verified to be in place. General Fund revenue was specifically budgeted for the adopted economic incentives, and thereby funds the Job Creation Investment Program. Genapol Page 3 Agenda Item No. 16A5 January 25, 2005 Page 3 of 12 => Broadband Infrastructure: The applicant has requested $25,000 of incentive funds, to be paid in equal amounts of no more than $8,400 per year over three years. Following the installation of the system, the participating company may request the first of the authorized incentive payments. The company must submit copies of the invoices detailing the cost of the installation along with the request. Additionally, the participating company must pay their annual ad valorem property taxes to the County, in full, prior to a request for payment. => Fee Pavment Assistance: The final dollar amount of impact fees will not be calculated until the Building Pennit application for the proposed development is submitted, however, based upon the program criteria Genapo] is currently eligible for Fee Payment Assistance funds in an amount of $52,695. The actual incentive award may not exceed the impact fees due and payable for the proposed development. The Fee Payment Assistance Agreement will stand in lieu ofthe payment of impact fees at the issuance of the building pennit for the proposed development. Concurrently, a lien will be placed on the subject property for the dollar amount of the impact fees, which will remain on the property for the tenn of the agreement. At the conclusion of the agreement, if all requirements are met, the lien will then be released from the subject property. If at any time during the term of the agreement the non-County party is not in compliance with the terms and requirements set forth by the agreement, they may be found in default and subject to default provisions set forth in Ordinance No. 2003-61. Additionally, TIF funds will not be utilized as a funding source for this request. This incentive award will be funded by Genera] Fund revenue that was specifically budgeted for the adopted Fee Payment Assistance Program. The Financial Administration and Housing Department has responsibility for job verification as well as monitoring program compliance The initial capital investment related to this project is estimated to be $750,000. In addition, the creation of the twenty (20) new jobs generates a local payroll of approximately $720,000 annually. GROWTH MANAGEMENT IMPACT: This application is consistent with the Economic Element of the Growth Management Plan, specifically Objective 1.3 that states: "Collier County will support programs which are designed to promote and encourage the recruitment of new industry as well as the expansion and retention of existing industries in order to diversify the County's economic base." LEGAL CONSIDERATIONS: The Genapol project meets all of the Advanced Broadband Infrastructure Investment Program requirements set forth by Ordinance No. 2003-59 in Code of LawsCChapter 49, Article V, the Job Creation Investment Program requirements set forth by Ordinance No. 2003-60 in Code of Laws Chapter 49, Article III and the Fee Payment Assistance Program requirements set forth by Ordinance No. 2003-61 in Code of Laws Chapter 49, Article II, as a Targeted Industry expanding within Collier County. Genapol Page 4 Agenda Item No. 16A5 January 25, 2005 Page4of12 RECOMMENDATION: That the Board of County Commissioners approves the application by Genapol for the Job Creation Investment Program, the Advanced Broadband Inftastructure Investment Program and the Fee Payment Assistance Program. Prepared by: Amy Patterson, Impact Fee Manager, Financial Administration and Housing, CDES .~- Item Number Item Summary Meeting Date Aqenda Item No. 16A5 - Janm<ry 25. 2005 Page 5 of 12 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A5 Rt':commendation to approve the appiicatio!'1 by Genapo! for the Job Creation Investment Program, the Advanced Broadband Infrastructure Inves\rTlent Program and the Fee Payrnent Assistance Program 1;25120059:00:00.AM Prepared By ImlWd F~! M:I'l;Jger 1110120052:08:59 PM Amy Pattf!t$on Communit)' Development & Environmental Service:¡. D<lte F¡n¡;nd~1 Admin. & Housing Assistant County Attorney o.te ApPl"Oved By Patric.k G, White Count)' A1tom",y County Attorney Officii'! 1!11!2005 3:01 PM Denton Baker Financial Adn)in & Housing Director Date Approved By Community Development & Environmental Services Fina¡ncial Admin. &. Hpu$ing 1112/20058:50 AM C()fJ!¡.tance A. J)hnson Operatk>,,,. Analyst Oatt~ Approved By Community Dev~(}plnen1 & Environmental Serviceos Community Dlwelop",ent & Envirnnnumtal Servic-es Admin. 1/13/20058:01 AM Approved By Sandra Lea Cumnmnlty De!vulopmV'nt &. Envimnmoent'll SC\rviclð$ 0"'. Executive Secretary Community Oev('lo.lIn~lIt & Environnmn1.al Sarvi.:o:s Admin. 1113r20U5 8:32 AM OQte Approved By J<os.eph K. Schmi1t Community Devf!lopment & En'Jironment:aIServices Community Developmen't & Environmental Services Adn,irl!,òtratol" Community Development & Environmen'tal ServicC!s Admin. H13/2005 9:57 PM Adn1ini:¡.tr.ative A$5i~tant D<lte Approved By OMS Coordinatur County Manager's Offic.e Otfice of Management & Budget 1!14i2005 10:52 AM Michael Smykowski MUnag'll'rnent & Budget Director Pate Approved By County Mnt1ng~r's Offic~ Office of Management & Budget 1n412D05 4:45 PM Approved By Jurnp.!\. V. Mudd Botud of County Commis$ionen.. County MQn..g~r Oab! County Man.agl!!r'$ Offl<:1!! 1/18!2005 12:57 PM Agenda Item No. 16A5 January 25, 2005 Pa 6 of 12 ECONOMIC DEVELOPMENT COUNCIL OF COLLIER COUNTY N.APLES, FLORIDA EVERGLADES OTY . GOLDEN GATE IMMOKALEE . MARCO ISLi\ND Genapol Name of Business Immokalee Development - Polish Business Relocation Project Title (1-5 word description) ECONOMIC DEVELOPMENT COUNCIL OF COLLIER COUNTY 3050 NORTH HORSESHOE DRIVE, SUITE 120 NAPLES, FLORIDA 34104 (239) 263-8989 · FAX (239) 263-6021 www.eNaplesFlorida.com Agenda Item No. 16A5 January 25, 2005 Page 7 of 12 Eme!2.Yer Identification BUSINESS INFORMATION: 1. a) Name of Business Unit: Genapol b) Mailing Address: 6414 N. St. Louis Lincolnwood, IL 60712 c) Name of Parent Company (if applicable): Ross Financial d) Primary business unit contact: Name: Arthur J, Ross Title: Principal Company: Genapol Address: 6414 N. St. Louis Lincolnwood. IL 60712 Phone: 847.674·11404 Fax' 847-67!M\fi01 Email: rfi@onebox.com Website: N/A e) Business unit's federal employer identification number: Pending upon relocation f) Business unit's unemployment compensation identification number: Pending g) Business unit's Florida sales tax registration number: Pending h) Business unit's Collier County occupational license number' PFmrJing i) List NAICS codes of all activities of the business unit: 336413/3728 Targeted Industry: Aviation - Other Aircraft Parts and Auxiliary Equipment Manufacturino j) Describe the business unit's primary business activities/function: Certified aircraft composite component manufacturing. aircraft parts (PZL Mielec Aircraft), composite kit manufacturina and assisted porish manufactures product displavs. warehousing and distribution. distribution assemblv, 2. a) Is the business unit minority owned: DYES ~JNO b) If YES, explain: N/A 3. Business unit's tax year (example: Jan. 1- Dec. 31): Jan 1 - Dee 31 Project Identification/Information 4. a) Is the business unit (please choose one): ~ a new business unit to Collier County o an expansion of an existing Collier County business unit Effective 08101/04 Page 2 of 8 ·.·,.M "-A'.·"· Agenda Item No. 16A5 January 25, 2005 Page8of12 b) If an expansion, how many COLLIER COUNTY employees are currently in the expanding business unit1? None c) How many individuals are employed in All Florida locations? None d) How many individuals are employed in All domestic and international locations? None 5. Full project description: Art Ross and his Dartner Greaorv Filipowicz (Polish citizen) are developino three business units: Darts warehousing and distribution for Drameda aircraft (manufactured in Poland and distributed throuah out US, Central and South America); composite manufacturing of aircraft components: and a bonded warehouse to be used to import additional products from Poland for distribution to the US, Central and South America. Thev are interested in locatina at the Florida Tradeport because the land availabilitv, the potential arowth of the area and the Foreign Trade Zone status. Genapol's first contract for composite components is with Skvtruck LLC. a US companv that will be assemblina and confiourinc the Polish desicned and manufactured Skvtruck M28. The company's target markets include other aircraft manufacturers, parts and maintenance for Dromeda crop dusters and firefiahters, and companies from Poland that are exportina to the US. The project has been divided in 2 Phases: Phase 1 of the proiect will reQuire 20 Collier Countv emplovees. These are med skill including administrative personnel. There will be Polish engineers brought to the US temporarilv to train the indiaenous personnel on the composite manufacturing. This first local group will become the composite manufacturing core. a second group of local employees will establish the warehousina and distribution facility for both the Dromeda parts distribution and maintenance, and the bonded warehouse facility. Wages for Phase 1 are moderate, hiaher than the Immokalee average vet lower than the Naples area. Starting wages should be in the $2000-$2600 per month for administrative and technical personnel. Certain IT and accounting personnel will be higher. Management personnel will range from $4000-$6000 per month. This facilitv will be airside and total 12-15,000 square feet. Construction is planned to start in early Spring. Phase 2 will start in approximately 18 months at which time additional the facilitv will be expanded by an additional 10-12,000 SQ ft. The additional sauare footage will enable the company to co into full scale composite manufacturing and expand the parts warehousinQ and maintenance of the Domeda will also be in operation. Also planned for this phase is the assemblv of the Dromeda kit plane for distribution through out the US. Central and South America. Phase 2 should be complete at a 30 month mark and should be employing approximately 80 employees. As local personnel develop throuQh schoolina and on the job training, it is anticipated that many of these positions can be filled using Collier personnel. As skills develop and production beqins incentive proarams and overtime can easily raise these waQes bv 30%. Schoolinq and education subsistence proarams will be instituted and in house traininQ will be an important part of the overall education process. Housin{:1 for Polish personnel is an important aspect of the project and appropriate development of housing for foreiqn visitors and emplovees is planned as soon as Phase 1 is completed. ManaQement personnel will initially be brouaht in from the outside The bonded warehousing and Polish product showcase aspect of the business will hopefully have crown to require a separate buildinQ which should be in the planninQ staQe at this point. This will be presented as a separate incentive reQuest in early 2007. , Existing Collier County employees cannot be included for consideration in certain incentive awards. Effective 08101/04 Page 3 of 8 ~ Agenda Item No. 16A5 January 25, 2005 Page 9 of 12 For the Collier County incentives. each phase will be treated as separate proiects. The first proiect includes a 12.000 sa ft buildina Cairside) with a capital investment for building and eauipment of $750.000. Impact fees. tax estimates. etc used to calculate incentives should include only the phase 1 prolect. The number of lobs to be created with this first phase are 20. These jobs are not phased over more than 12 months from completion of project. A separate application will be submitted for phase 2. This second proiect will include an additional 10.000-12.000 sa. ft. with an additional capital investment of approx. $750,000- $1.000,000 with 60 neIIV jobs anticipated. This application addresses ONLY phase 1. 6. Check the appropriate box and complete the line item: Project's current location address: !!J Project's proposed location address: Florida Tradeport, Immokalee Regional Airport Lot A 8 7. a) Located on Brownfield Site or in a Brownfield Area? ~ YES 0 NO (If YES, please attach a copy of the official document that designated this area as a brownfield area.) b) Will project be locating or expanding in an Enterprise Zone? ~ YES If YES, which Zone: ~ Immokalee 0 Everglades City ONO 8. Please check the box that best defines your project. Answer a) AND b), if applicable: a) 0 Multi-state business enterprise ~ Multi-national business enterprise b) 0 Regional headquarters office ~ National headquarters office o International headquarters office 9. Please estimate percentage of gross receipts or final sales resulting from this project that will be made outside of Collier County: 20 % outside of Florida: 20 % 10. Project employment and wages: a) Total number of net, new full-time equivalent Collier County jobs created by the project at the business unit indicated above: 20 b) Are any employees being transferred from another Florida location? D YES ~ NO If YES, how many and from where? 11. a) Antici"ated annualized average wage (not including benefits) of the new to Collier County jobs created by the project at the business unit: $ 36,000 (Cash performance bonuses and other cash payments to the employees, such as overtime, should be included. The anticipated wage reported here is only an estimate of the average wage to be paid. The wage indicated In response to an incentive attachment, if applicable, will be used in the certification, agreement, and claim evaluation process.) b) Annualized average value of benefits associated with each new job created by the project at the business unit: $ TBD Effective 08101104 Page 4 of 8 "",g ~"''''''', ..,.,'"' Agenda Item No. 16A5 January 25, 2005 Page 10 of 12 c) If jobs are to be phased in, provide the date when each phase of employment will be fully implemented: (Please limit the phases to no more than three consecutive years, and job creation to no less than ten jobs in any given year.) Number of net, new full-time Date by which those jobs Phase equivalent Collier County jobs created in business unit will be created I 20 12/31/06 TOTAL " ""' "".. " 12. a) Describe the capital investment in real and personal property: (examples: construction of new facility; remodeling of facility; upgrading, replacing or buying new equipment. Do not include the value of land purchased for construction of a new building.) Construction of new facilitv. purchase of manufacturina and business equipment. b) List the anticipated amount (within three (3) years) and type (purchase of machinery/equipment, construction of buildings, etc.) of major capital investment to be made by the applicant in connection with this Collier County project: Amount $ Land (if applicable) Amount $ 450,000 Construction/Renovations Amount $ 300,000 Manufacturing Equipment Amount $ Other Equipment Total $ 750,000 c) Estimated square feet of new or newly expanded facility: Phase I, 12,000 sq. ft.- 13. Anticipated date of beginning of construction for this project: March 2005 14. Anticipated date project will be in operation: Q3 2005 (phs 1 ), 15. Project Information: Architect Firm: TBD Phone: Engineering Firm: Hole Montes Engineer: Georae Hermanson Phone: Contractor: TBD Contractor: Architect: Phone: Email: Emai/: Email: Fax: Fax: Fax: Effective 08101/04 Page 5 of 8 "",." Agenda Item No. 16A5 January 25, 2005 Page 11 of 1 2 Project Impact Information 16. What role will the incentive (or incentives) play in the decision of the applicant to locate or expand in Collier County? (If there are other states/communities competing for this project, please list which states/communities and what incentives are being offered by those states/communities.) The incentives will playa significant role in their ability to accomplish their business goals and their willingness to assist us in attracting more businesses to the Florida Tradeport. Being able to reduce their business costs of construction, equipment, and training of employees, would allow Genapol to further invest in developing the business. An important consideration here is that without the incentives, the company would not be able to grow and create jobs at the same rate as with the incentives. Other communities have an endless list of incentives and also offer enterprise zone benefits; therefore, Immokalee needs to offer the incentives to this company in order to remain competitive with other areas. 17. a) Provide a brief review of the applicant's past activities in Collier County and in other states, particularly as they relate to environmental and growth management impacts and how these have been handled. (Basically, what kind of corporate citizen has the applicant been?) Art Ross has been in the recently approved partnership agreement between the Florida Tradeport and Poland's Industrial Development Agency. The purpose of this agreement is to strengthen trade, technology, investment and economic development in Poland and Florida. /"-.-.,,. Recently, a Trade Mission to Poland was organized by the EDC of Collier County, Mr. Ross facilitated the trade visit and meetings with other companies that could expand and create jobs in Collier County. b) Describe any criminal or civil fines, or penalties, and any awards. None Revision History: Final: Jan. 7, 2005 Edited: Lou Ashton Effective 08101/04 Page 6 of 8 .~,~ <,4 '.','~';~~~~:.~: ",'"", Agenda Item No. 16A5 January 25, 2005 Page 12 of 12 Requirements Fast Track Permitting Program: The Fast Track application must be completed in full before consideration is given. Statements on the Fast Track Application must be accurate and verifiable. The Economic Development Council of Collier County (EDC) reviews the application. If approved, the EDC sends a copy to the appropriate County staff. This application must be on file with the county offices prior to the scheduling of any pre- application permit reviews or Site Development Plan submissions. The Fast Track Permitting Program requires a pre-application meeting with the Collier County Staff prior to document submission. This meeting is scheduled by the Economic Development Council of Collier County in cooperation with the Engineer of Record. Upon release of plans by the County, the permit must be picked up within 10 business days of approval. This application must be filed prior to making the decision to locate a new business unit in Collier County, or to expand an existing Collier County business unit. Effective 08101/04 Page 7 of 8 ,." '.~. , Agenda Item No. 16A6 January 25, 2005 Page 1 of 23 EXECUTIVE SUMMARY Recommendation to approve the application for the Job Creation Investment Program, the Advanced Broadband Infrastructure Investment Program and the Fee Payment Assistance Program by Guadalupe Center, Incorporated and provide for the waiver to pay the upfront fifty-percent of the estimated Transportation Impact Fees at Final Site Development Plan approval, but instead pay all impact fees, in full, at issuance of the Building Permit through the Fee Payment Assistance Deferral Agreement OBJECTIVE: To approve the application by Guadalupe Center, Incorporated (Guadalupe Center) for the Job Creation Investment Program, the Advanced Broadband Infrastructure Investment Program and the Fee Payment Assistance Program and waive the obligation to pay the upfront fifty-percent payment of estimated Transportation Impact Fees at Final Site Development Plan approval but instead require the payment of all impact fees, in full, at issuance of the Building Permit through the Fee Payment Assistance Deferral Agreement. ...-""-, CONSIDERATIONS: On November 18, 2003, the Board of County Commissioners adopted Ordinance No. 2003-59, which is Code of Laws Chapter 49, Article V, establishing the Advanced Broadband Infrastructure Investment Program, Ordinance No. 2003-60, which is Code of Laws Chapter 49, Article III, establishing the Job Creation Investment Program and Ordinance No. 2003-61, which is Code of Laws Chapter 49, Article II, establishing the Fee Payment Assistance Program. These programs are available to targeted high-wage companies that desire to relocate or expand within specified areas of Collier County and are designed to reduce the economic effects of increased development fees as well as relocation and/or expansion costs. The Programs have specific eligibility requirements including the number of full-time jobs to be created and retained, the average wage of the jobs, timing of the jobs being in place and the type of business being proposed. The Guadalupe Center is a 501 (c)(3) non-profit corporation (detennination letter attached) that serves the citizens of the Immokalee Community. On November 5, 2004 Guadalupe Center submitted an application to be considered for the Job Creation Investment Program, the Advanced Broadband Infrastructure Investment Program and the Fee Payment Assistance Program. The Center's primary activities include, but are not limited to, pre-school, after-school tutoring, adult education, a soup kitchen and shower facilities in Immokalee. The attachment, "Appendix A," to this Executive Summary provides a breakdown of the types of services provided and the number of people the services were provided to in 2004. The attachment, "Appendix B," to this Executive Summary lists the 2004-2007 Guadalupe Center Board of Trustees with a summary of their job experience, affiliations, etc. Mr. Stanley Boynton, President of Guadalupe Center, Inc., indicated in his correspondence with the Economic Development Council (attached) that U ...It is of vital importance to the Guadalupe Center to receive the incentives through the Economic Stimulus Program in order to continue with our expansion plans, as well as to continue serving the community needs. For every dollar received through the incentive program, it is one less dollar that "We need to requestfrom our donors in order to provide all of the above-listed services." r·''''··', Guadalupe Center, Inc. Page 2 Agenda Item No. 16A6 January 25, 2005 Page 2 of 23 On December 14,2004, Guadalupe Center's application for the Job Creation Investment Program, the Advanced Broadband Infrastructure Investment Program and the Fee Payment Assistance Program was considered by the Board of County Commissioners (the Board) under Item 10 I. The Board directed staff to return with additional, specific information relating to the new jobs being created and the average wage of the new jobs. Included below is the information as requested.. Guadalupe Center proposes to create twenty-two (22) new jobs in Collier County by December 31, 2007 at an average wage of $18,042. The new jobs being created are as follows: Type of Job Number of Jobs Annual Wage Total Teacher 13 $16,640 $216,320 Lead Teacher 6 $18,720 $112,320 Cook 1 $16,640 $ 16,640 Housekeeper 1 $16,640 $ 16,640 Curriculum Specialist 1 $35,000 $ 35,000 Total Jobs 22 ...------ ----- Average Wage ------- ------- S 18,042 Ordinance No. 2003-60, which is Code of Laws Chapter 49, Article III sets forth the requirement for a business locating or expanding within the Enterprise Community (Immokalee) to create a minimum of five (5) new jobs at 50% of the Collier County's current private-sector average wage, which is $30,998. This translates to an average wage of no less than $15,499 per newly created job. The Guadalupe Center is proposing an initial capital investment of $3,118,000 and the creation of twenty- two (22) new jobs at an average wage of $18,042, as indicated in the table above, which exceeds the minimum average wage requirement by $2,543. Therefore, based upon the above commitments, the Guadalupe Center is eligible for $66,000 in Collier County Job Creation Investment Program funds to be paid over three consecutive years following creation of the jobs. Guadalupe Center has also requested to participate in the Advanced Broadband Infrastructure Investment Program. The program is available to local companies either constructing a new building or renovating an existing non-residential building and upgrading it to be a "smart building", facilitating the installation of advanced broadband technology. The applicant has requested $25,000 of incentive funds, to be paid in equal amounts of no more than $8,400 per year, over three years. Following the installation of the system, the participating company may request the first of the authorized incentive payments. The impact fees associated with the proposed development total an estimated $110,517. Therefore, Guadalupe Center is eligible for Fee Payment Assistance Program funds not to exceed the dollar amount of the impact fees associated with the project. The final impact fee calculation will be completed upon application for a building permit for the proposed development. Included within the provisions of the Fee Payment Assistance Program, for companies located within the Immokalee Community Redevelopment Area, is the use of 50% of the tax increment financing (TIP) funds associated to the qualifying development as a partial funding source for the Fee Payment Guadalupe Center, Inc. Page 3 Agenda Item No. 16A6 January 25, 2005 Page 3 of 23 Assistance Program. However, the Guadalupe Center is a non-profit, tax-exempt corporation and does not pay property taxes. Therefore, TIF funds will not be utilized as a funding source for this request. This incentive award will be funded by General Fund revenue that was specifically budgeted for the adopted Fee Payment Assistance Program. Additionally, staff recommends the Board of County Commissioners waive the obligation to pay the upûont fifty-percent payment of estimated Transportation Impact Fees at Final Site Development Plan, as required by the Collier County Land Development Code, Section 3.15, as amended, because the applicant will be executing a deferral agreement with Collier County that will stand in lieu of the payment of the impact fees, at the issuance of the Building Permit. If the fifty-percent were to be paid at the time of SDP approval, this same amount would have to be returned to them at the time of execution of the impact fee deferral agreement. This arrangement is particularly financially onerous for a not-for-profit organization as the Guadalupe Center. Staff will prepare the Job Creation Investment Program Agreement, the Advanced Broadband InfÌ'astructure Investment Program Agreement and the Fee Payment Assistance Program Agreement, and each will be reviewed by the County Attorney's Office for legal sufficiency. The approved agreements will be signed by a designee fÌ'om Guadalupe Center and by the County Manager on behalf of Collier County and will be recorded in the Official Records of Collier County. Guadalupe Center meets all of the Advanced Broadband InfÌ'astructure Investment Program requirements set forth by Ordinance No. 2003-59 in Code of Laws Chapter 49, Article V, the Job Creation Investment Program requirements set forth by Ordinance No. 2003-60 in Code of Laws Chapter 49, Article III and the Fee Payment Assistance Program requirements set forth by Ordinance No. 2003-61 in Code of Laws Chapter 49, Article II, as a Targeted Industry expanding within Collier County. Therefore, approval of this application will help to promote the creation and retention of jobs in Collier County. FISCAL IMPACT: => Job Creation: The applicant has requested $66,000 of Job Creation Investment incentive funds, to be paid over three years at the rate of $3,000 per newly created job, to be in place on or before December 31, 2007. Following creation of the specified jobs, the Company may submit a Request for Funds to the County Manager to be paid at the beginning of the County's fiscal year following the date that the newly created jobs are verified to be in place. General Fund revenue was specifically budgeted for the adopted economic incentives, and thereby funds the Job Creation Investment Program => Broadband Infrastructure: The applicant has requested $25,000 of incentive funds, to be paid in equal amounts of no more than $8,400 per year, over three years. Following the installation of the system, the participating company may request the first of the authorized incentive payments. The company must submit copies of the invoices detailing the cost of the installation along with the request. Additionally, the participating company must pay their annual ad valorem property taxes to the County, in full, prior to a request for payment. Guadalupe Center, Inc. Page 4 Agenda Item No. 16A6 January 25, 2005 Page 4 of 23 => Fee Pavment Assistance: The estimated impact fees associated with the proposed development equal approximately $110,517, however, the final dollar amount of impact fees will not be calculated until the Building Permit application is submitted. Guadalupe Center, Inc. is eligible for Fee Payment Assistance funds in an amount not to exceed the impact fees due and payable for the proposed development. The Fee Payment Assistance Agreement will stand in lieu of the payment of impact fees at the issuance of the building permit for the proposed development. Concurrently, a lien will be placed on the subject property for the dollar amount of the impact fees, which will remain on the property for the term of the agreement. At the conclusion of the agreement, if all requirements are met, the lien will then be released from the subject property. If at any time during the term of the agreement the non- County party is not in compliance with the terms and requirements set forth by the agreement, they may be found in default and subject to default provisions set forth in Ordinance No. 2003- 61. Additionally, TIF funds will not be utilized as a funding source for this request. This incentive award will be funded by General Fund revenue that was specifically budgeted for the adopted Fee Payment Assistance Program. The Financial Administration and Housing Department has responsibility for job verification as well as monitoring program compliance. The initial capital investment related to this project is estimated to be $3,118,000. In addition, the creation of the twenty-two (22) new jobs generates a local payroll of approximately $396,900 annually. GROWTH MANAGEMENT IMP ACT: This application is consistent with the Economic Element of the Growth Management Plan, specifically Objective 1.3 that states: "Collier County will support programs which are designed to promote and encourage the recruitment of new industry as well as the expansion and retention of existing industries in order to diversify the County's economic base." LEGAL CONSIDERATIONS: Guadalupe Center meets all of the Advanced Broadband Infrastructure Investment Program requirements set forth by Ordinance No. 2003-59 in Code of Laws Chapter 49, Article V, the Job Creation Investment Program requirements set forth by Ordinance No. 2003-60 in Code of Laws Chapter 49, Article III and the Fee Payment Assistance Program requirements set forth by Ordinance No. 2003-61 in Code of Laws Chapter 49, Article II, as a Targeted Industry expanding within Collier County. RECOMMENDATION: That the Board of County Commissioners approve the application for the Job Creation Investment Program, the Advanced Broadband Infrastructure Investment Program and the Fee Payment Assistance Program by Guadalupe Center, Incorporated and provide for the waiver of the obligation to pay the upfront fifty-percent payment of estimated Transportation Impact Fees at Final Site Development Plan approval, instead requiring the payment of all impact fees, in full, at issuance of the Building Permit through the Fee Payment Assistance Deferral Agreement. Prepared by: Amy Patterson, Impact Fee Manager, Financial Administration and Housing, CDES Item Number Item Summary Meeting Date AQenda Item No. 16A6 ~ Januory 25, 2005 Page 5 of 23 COLLIER COUNTY SmARD OF COUNTY COMMISSIONERS 15M Rec.ommendation to approve the :appiication for the Job C~Bt¡on Investment Program. the Advanced Broadband In1rastruclure Investment Program and the Fee Payment Assistanc.e Program by Guadalupe Center. Incorporated and prDvide for the waiver to pay the upfront fiftv-pen.::er1l of the estimated Transportation Impact Fees at Final Site DBveloprnent Plan tlpproval, but instead pay' all impact fJ6S. in full. at issuance of the Building Permit through the Fee Paymem Assistance Deferral Agreement 1!25i20a5 9:00:GD A.1\4 Prepared By Imp;lct Fee Manager 1/"t3f200S 11 :43:22 AM Amy Pat1eI1lool' Community Devr.lopment & Environmental Servic.-es 0... Fjn;)tu~ial Adrrlin, & Ho~u;ing P<rtrickG. Whitl' A,'S..Ü'S.tant County AltomGY D<ltl!'! Approved By County AttorJu!V C<lUuty Attt)nH~Y Off¡c~ 1/13/2005 11:63 A~ Approved By Sandra Lea Community Development & Envlronment..1 Serl/ic"!!s EJleçutive Secretary Date CDmrnunity I)~vel()pment & EJlvjrQnmelltlll S(!r\'~ces Ad'nin. 1/131'2006 12:09 PM Cons.taoce A. Johnson DatI!! Approyed By Community Developml!tnt & Environmental Services Operations Analys.t Community Development & Environment.al Servic.es Admin. 1/13/2D05 12:12 PM Approved By Denton Bnkør COmfJHmitv c.;!velopmen1 & En..,irorlmellinl SenrÎl:I!!I FifHuwjal Admin &. HouStn9 Dkector Datt! Finilneìal Admin. & HO(UôinfJ t113/2005 12:34 PM Olllt~! Approyed By JO!>f!f,h K. Schruitt Community Devèlopment & Environmental Sentice!; Community Development & Envíronmental Services. Adminstrator Community Dl?'velopment & Environtnp.=ntal Sl!'rvic.~s. Admin. 1113i2005 10:21 PM Administrative. Asaist;rnt Date Approved By OMS CDordinator County Manager's Office Offìc.'e of Management & Budget 'IJ1-4/200S 10:55 AM Manag~ß1ent 8. Budget Dirli'c1.or Date Approyed By Mì<:haetl Srny1wwsl<i County Man¡lger's OfficC' Offic.t!' of M<)nngt!rnC'lIt & Budget 1/t4f21}O& 4:06 PM County MamlJer Date Approved By Jaimes V. Mudd Board Qf c.ounty Commiss.ioners C<lunty Mutmgt~t~:. Office 1.18/2.005.<:49 PM Agenda Item No. 16A6 January 25, 2005 Page 6 of 23 APPENDIX A GUADALUPE CENTER SUMMARY OF SERVICES - 2004 Service Provided Number of People Provided Service Daycare 107 children After-School Tutoring 100 children Soup Kitchen Meals 55,152 meals People Provided Clothing 3,869 people Hot Showers Provided 2,036 people Children's Back-to -School Shoes 530 pairs Thanksgiving Meals Provided 2,200 meals Children Provided Christmas Toys 800 children Number in Adult Education Classes 200 people Number enrolled in Pre-Vocational Classes 24 people People with Completed Courses 12 people People Given Vocational Tests 100 people Financial Administration and Housing 1/1312005 Agenda Item No. 16A6 January 25, 2005 Page 7 of 23 APPENDIX B GUADALUPE CENTER BOARD OF TRUSTEES 2004-2007 1. Beuth, Phil - (Term Expires: August 2007) Retired President, Good Morning, America (ABC Television) · Lifetime International Ambassador of Variety Clubs of America · 12 year Board Member UNICEF · Board member DIFFA Design Industry Foundation Fighting Aids · Board Member Broadcasters Foundation · Ten year Trustee of Union College · The Urban League, 76 to 86 2. Braendle, Deborah CHAIR - (August 2007) President, Lyncx, LLC, minority-owned management consulting firm; retired executive of Dow Chemical Company Previous Board affiliations: · Advisory Board of Montclair University Cooperative Education Program · Placement Board of Kessler Institute Rehabilitation Center · Shelter for Abused Women and Children · Banbury Cross, a therapeutic equestrian center for handicapped Children Professional: Member of Society for Human Resource Management 3. Cobb, Denise - (August 2006) Consultant, station-owner, on-air talent Professiona I: · Media Venture Management - Member of Board of Directors & Secretary of the Boa rd · WTXL-TV (ABC), Tallahassee, FL - Owner and director of news and public affairs Volunteer: · Naples Children and Education Foundation (NCEF) - Trustee · Naples Winter Wine Festival - Chairman of Public Relations Committee 1 Agenda Item No. 16A6 January 25,2005 Page 8 of 23 · Naples Illustrated Magazine - Advisory Board · Beneficiary Committee of the NCES - Chairman · NCEF Beneficiary's Media Relations Committee - Chairman · Ave Maria University - Leadership Committee 4. Hansen, Hal - (August 2005) Retired President Cargill Investor Services; President, HTH Viking Investor Current: · Union League of Chicago · Alumni Board of Advisors - CARE USA · Member - Presbyterian Church Past: · Board of Overseers - CARE USA (1996-99) · Chairman, National Futures Association, Chicago, IL (1994-98) · Chari man, Futures Industry Association, Washington, DC (1992-94) · President, Cargill Investor Services, Chicago, IL (1979-98) · Member - Chicago Board of Trade (1979-98); Director (1987-89) · Chicago Mercantile Exchange (1979-98) · Kansas City Board of Trade (1979-98) · Cargill, Inc. - Various Management Positions (1958-98) 5. Herr, Doug TREASURER - (August 2006) Retired, Arthur Anderson; retired President, Herr's Inc. · Member of Steering Committee of Guadalupe After-School Program 6. Jelks, Florence - (August 2006) Retired Principal, Collier County Public Schools · Collier Health Services, Inc., Board member · St. John Missionary Baptist Church in Immokalee 7. Lieb, Rochelle SECRETARY - (August 2006) Retired Teacher, Title I Resource Specialist, Collier County Public Schools Current: 2 Agenda Item No. 16A6 January 25, 2005 Page 9 of 23 · Naples Free-Net · Naples Community Hospital Auxiliary (knit for newborns) · Audubon Society · Florida Trail Association Past: · Collier County Education Association · Florida Reading Association · Collier Reading Council · International Reading Association · Teachers of English to Speakers of Other Languages · National Council of Teachers of English 8. McCurdy, Jacke IMMEDIATE PAST PRESIDENT - (August 2005) Retired Vice-President, Joseph E. Seagram Professio na I: · SunTrust Bank, SW Region, Director Volu nteer: · Philharmonic Center for the Arts, Naples FL, Director · Committee of 200, Member · International Women's Forum, Suncoast Florida Chapter, Member · SCORE (Service Corps of Retired Executives) Foundation 9. Marchetti, Ed - (August 2006) Founder, Pres/CEO, Chair of Board (retired) Office Environments of New England, a distributor of Steelcase office furniture in MA,ME,NH Board of Trustees for: · Dancker, Sellew & Douglas New York, NY · Office Furniture Rental Assoc. Hartford, Ct. · Pew-Merlotti Scholarship Fund Hartford, Ct. · Partner Swimex Corp., Warren, R.I. 3 Agenda Item No. 16A6 January 25. 2005 Page 10 of 23 10. Matheus, Frantz - (August 2007) Teacher, Collier County Public Schools; Assistant Pastor · Haitians' Radio Broadcasting Association · Drug Alcohol Traffic Education Training · Marion Fether Health Clinic, Board member · Horeb Haitian Baptist Church, Board member · Echo Evangelique Radio Program, President 11. Moates, Bob - (August 2006) Vice President, Palmer Cablevision; Real estate auctioneer · Volunteering auctioneering talent to raise over $10 million for non-profit organizations since 1978 (such as Muscular Dystrophy, Multiple Sclerosis, Cancer, March of Dimes) Rotary Club, member and past president of local Naples Chamber of Commerce, member and past president Citizen's Community Bank, past Board member · · · 12. · · · · · · · · · Myers, Dick - (August 2005) Retired owner, Naples Dodge Akron Ohio Auto Dealer Association, Director (1970-72) Naples Area YMCA Florida Dodge Dealer Advertising Association Parks and Recreation Advisory Board, Member (1984-86) Naples Area Chamber of Commerce 20th Judicial District Florida Bar Collier County Fee·Arbitration Committee, Member (1994-95) Naples Community Hospital Board Florida Bar 13. Ortiz, Lucy - (August 2005) Clinical Social Worker, Shelter for Abused Women · Florida Coalition Against Domestic Violence, Hispanic Caucus Chair · National Network on Behalf of Battered Immigrant Women · National Association of Social Workers (NASW), SWF Sub Unit 4 Agenda Item No. 16A6 January 25. 2005 Page 11 of 23 · Association for the Advancement of Social Work with Groups, Inc. · Immokalee Weed & Seed Steering Committee (2001) · Collier School Readiness Coalition (1998) · Pro Bono counselor, One Child At A Time Program of MHA (1998) · Immokalee Advisory Council of Domestic Violence (1997) · Immokalee Redevelopment Agency (2001) · Enterprise Zone Development Agency (1998) · St. Vincent de Paul Regional Seminary, Board Member (1992-1998) · National Advisory Committee, Campaign for Human Development (1990- 1993) · National Coordinator, Las Hermanas-USA (1989-1999) · South East Pastoral Institute (SEPI), Board member (1982-1986) · Redlands Christian Migrant Association (RCMA), Board member (1979- 1986) 14. Primus, Jeremiah - (August 2005) Retired Administrator, Collier County Public Schools Current: · Bethel AME Church · NAACP, active member of local chapter Past: National Association of School Administrative Personnel 15. Riddle, Melinda - (August 2006) Attorney in private practice · Collier County Legal Aid Board of Directors (founding member) · Teacher (catechist) at St. Peter Catholic Church · Process Review Board of the Diocese of Venice, Florida · Collier County Bar Association · Florida Ba r · Indiana Bar Associations · Naples Alliance for Children · Shelter for Abused Women 5 Agenda Item No. 16A6 January 25, 2005 Page 12 of 23 16. Vasey, Roger - (August 2005) Executive Vice-president, Merrill Lynch; Managing Partner, Conyers Capital, LLC Current: · Managing Partner founder of Conyers Capital, LLC · President of the Merrill Lynch Scholarship Foundation · Founder & Trustee of The Vasey Foundation (primarily focused on scholarship funding for students in need at a number of universities and boarding schools, and sponsorship of a variety of youth oriented programs · University of Chicago, Graduate School of Business, Board Member · University of Missouri College of Business, Board Member Past: · Bo02 A lien Hamilton Inc. (1970-72) · A.G. Becker, Past Vice-President · Merrill Lynch & Co., Inc. (1979-2000) Past Exec. VP 17. Vatterott, John - (August 2007) Retired Founder, President of Vatterott College in St. Louis Current: · Cardinal Ritter College Prep High School, St. Louis MO, Board member · National Boys Hope/Girls Hope (national/international long term educational/residential care for youths-at-risk), Board member · Vatterott Foundation, Trustee · C.F. Vatterott & Co. (Real estate/construction/golf), St. Louis MO, Past: · National Catholic Council for Interracial Justice, Washington D.C., Member · Accrediting Commission - National Association for Trade and Technical Schools, Appeal panel member (1987-90) · Accrediting Commission for Career Schools and Colleges of Technology, Commissioner (1997-2000) · Owner S&U Investment Co. (Real estate), St Louis MO (1978) · First Service Bank, Crestwood MO, Board member/investor (2000) 6 Agenda Item No. 16A6 January 25, 2005 Page 13 of 23 · St. Louis University High School (private boys' high school, city, Jesuit), St. Louis MO, Board member (1998) · Loyola Academy (boys' inner city middle school, Nativity model), St. Louis MO, Board member/officer (1999) · Today and Tomorrow Foundation (grantor of funds to eligible students attending private elementary schools), St. Louis MO, Board member (2002) 7 I nternal Revenue Service District Director Agenda Item No. 16A6 January 25,2005 Page 14 of 23 Department of the Treasury P. O. Box 2508 Cincinnati, OH 45201 Date: September 13, 1999 Person to Contact: Ronnie Clemons #31-04020 Customer Service Representative Telephone Number: 877-829-5500 Fax Number: 513-263-3756 Federal Identification Number: 59-2617151 Guadalupe Center, INC P.O. Box 1053 Immokalee, FL 34143-1053 Dear Madam: This letter is in response to your request today for a copy of your organization's determination letter. This letter will take the place of the copy you requested. Our records indicate that a determination letter issued in February 198&;" granted your organization exemption from federal income tax under section 501 (c}(3) of the Internal Revenue Code. That letter is still in effect. Based on information subsequently submitted, we classified your organization as one that is not a private foundation within the meaning of sec~on 509(a} of the Code because it is an organization described in sections 509(a)(1) and 170(b)(1 )(A)(vi). This classification was based on the assumption that your organization's operations would continue as stated in the application. If your organization's sources of support, or its character, method of operations, or purposes have changed; please let us know so we can consider the effect of the change on the exempt status and foundation status of your organization. Your organization is required to file Form 990, Return of Organization Exempt from Income Tax, only if its gross receipts each year are normally more than $25,000. f a return is required, it must be filed by the 15th day of the fifth month after the end of the organization's annual accounting period. The law imposes a penalty of $20 a day, up to a maximum of $1 0,000, when a return is filed late, unless there is reasonable cause for the delay. All exempt organizations (unless specifically excluded) are liable for taxes under the Federal Insurance Contributions Act (social security taxes) on remuneration of $100 or more paid to each employee during a 'calendar year. Your organization is not liable for the tax imposed under the Federal Unemployment Tax Act (FUTA). Organizations that are not private foundations are not subject to the excise taxes under Chapter 42 of the Code. However, these organizations are not automatically exempt from other federal excise taxes. Donors may deduct contributions to your organization as provided in section 170 of the Code. Bequests, legacies, devises, transfers. or gifts to your organization or for its use are deductible for federal estate and gift tax purposes if they meet the applicable provisions of sections 2055. 2106, and 2522 of the Code. ·2- Agenda Item No. 16A6 January 25, 2005 Page 15 of 23 Guadalupe Center, INC 59-2617151 Your organization is not required to file federal income tax returns unless it is subject to the tax on unrelated business income under section 511 of the Code. If your organization is subject to this tax, it must file an income tax return on the Form 990- T, Exempt Organization Business Income Tax Return. In this letter, we are not determining whether any of your organization's present or proposed activities are unrelated trade or business as defined in section 513 of the Code. The law requires you to make your organization's annual return available for public inspection without charge for three years after the due date of the return. You are also required to make available for public inspection a copy of your organization's exemption application. any supporting documents and the exemption letter to any individual who requests such documents in person or in writing. You can charge onlfa reasonable fee for reproduction and actual postage costs for the copied materials. The law does not require you to provide copies of public inspection documents that are wide!y available. such as by posting them on the Internet (World Wide Web). You may be liable for a penalty of $20 a day for each day you do not make these documents available for public inspection (up to a maximum of $10,000 in the case of an annual return). Because this letter could help resolve any 'questions about your organization's exempt status and foundation status. you should keep it with the organization's permanent records. .J.f you have any questions. please call us at the telephone number shown in the heading of this letter. his letter affirms your organization's exempt status. Sincerely, ':,'¿ ~ 4-./!;L/ C. Ashley Bullard District Director ._.......-'_c>:~.....~~ _.~_^...-.¡.PI' - ,--- _ 11111 ~'III"r'l4. ~ Agenda Item No. 16A6 January 25,2005 Page 16 of 23 -,.- ECONOMIC DEVELOPMENT COUNCJL OF COlLiER COUNTY NAPLES, FLOR.IDA. EV"ERG!ADE5 CITY· GOLDEN GAT2 iMMOKALEE . ,".-\ARCO !SLA~~D COLLIER COUNTY ECONOMIC STIMULUS PROGRAM ApPLICATION for Expanding or New Businesses ,/" ~). . ,l¿tl;*ii{ f~w'l k' ,¿thy^'- ¡tie (1-5 word description) ECONOMIC DEVELOPMENT COUNCIL OF COLLIER COUNTY 3050 NORTH HORSESHOE DRIVE, SUITE 120 NAPLES, FLORIDA 34104 (239) 263-8989 · FAX (239) 263-6021 www.eNaplesFlorida.com . - -- -. - .- - - - --- - -~ - . ~ ., . ~ ~ ~ .' ~ , . . ' " , .. . i~ ">: ~" ~ ~ . -;.'¡;;: . . .. . ,.~ , . i - - __ __~ ____ _~__ _. _..... ~. __ -0.-.-- _ _ ---.....___~. _ ._·R _ ~_V.__ _ .._.__ -----...-.~.....~__w··~··~7··¡.T""~_~~~~·~·;;.:m.:;"".<iOIII.;I1'.,.... '~'---'~ØA'Ãgenda Item No. 16A6 January 25, 2005 Page 17 of 23 Employer Identification BUSINESS INFORMATION: 1. a} Name of Business Unit: b) Mailing Address: -Po D. ßox: (053, ~er:.,rt. :341-13 c) Name of Parent Company (if applicable): d) Primary business unit contact: Name: Company-: Addres Phone: EmaU' ,Website: e) Business unit's federal employer identification number: 5q· 2bL1/5, 1) Business unit's unemployment compensation identification number: tJ/-Æ- g) Business unit's Florida sales tax registration number:ZI-Œ-02ClJ26 ...!3k£.... h) Business unit's Collier County occupationaJ license number!1.b2bí'Z- - ·1 II "'4 II ¡ C /" .., , 1 3/0 i) Ust NAICS codes of all activities of the business unit: LU £-, lo ¿...... '-t I I "'" ¿.."" ~ Targeted Industry: \ v'Y'rnc k:Q,c::c'_, £. nt~ípn·~. 2b .~ j) Describe the business unit's primary business a tivities/function: . . 2. a) Is the.business unit minority owned: NIA 0 YES ]J NO not:" for....profit ti>J(f}3 b) If YES, explain: Business unit's tax year (example: Jan. 1 - Dec. 31)äber L-' ~r::30 3. Project Identification/Information 4. a) Is the business unit (please choose one): o a new business unit to Collier County B1 an expansion of an existing Collier County business unit b) If an expansion, how many COLLIER COUNTY employees are currently in the expanding business unit'? ~ 1 Existing CoWer County employees cannot be induded for consideration in certain incentive awards. EffectJve 08lO1i04 Page 2 of 7 .. ~................ - -...- _. ;:;-~ - V--' V' .:,......_ --~.:._. ___.:-......_---.:_~;^...".*::~.;.-.<o"QC::I<:.:..,.,_.,..:;:..... -- --.. .~_ Agenda Item No. 16A6 January 25, 2005 Page 18 of 23 c) How many individuals are employed in ALL Florida locations? 57 - 5. d) How many individuals are employed in ALL domestic and international locations? . 51 ~=tf~~~ 6. Check the appropriate box and complete the line item: .M Project's curr~atT address: £k¡¡ !5Q5 n:J~m J.ee.-=FL- o Project's proposed location address: .::rxmc... 7. a) Located on Brownfield Site or in a Brownfield Area? [] YES ø. NO (If YES, please attach a copy of the officiaJ document that designated this area as a brownfield area.) b) Will project be locating or expanding in an Enterprise Zone? ø YES If YES, which Zone: )([Immokalee 0 Everglades City I ¡NO 8. Please check the box that best defines your project. Answer a) AND b), if applicable: a} [] Multi-state business enterprise n Multi-national business enterprise b) ¡( Regional headquarters office n National headquarters pffice o International headquarters office 9. Please estimate percentage of gross receipts or that will be made outside of Collier County: outside of Florida: al sales resulting from this project % % 10. Project employment and wages: a) Total number of net, new full-time equivalent Collier County jobs created by the project at the business unit indicated above: 7-':; b) Are any employees being transferred from another Florida location? nYES gNO If YES, how many and from where? 11. a) Anticipated annualized average wage (not including benefits) ~the new to Collier County jobs created by the project at the business unit: $--.J t tþ46' - (Cash performance bonuses and other cash payments to the employees, such as overtime, .should be included. The anticipated wage reported here is only an estimate of the average wage to be paid. The wage indicated in response to an incentive attachment, If applicable, wUI be used in the certification. agreement. and claim evaluation process.) b) Annualized average value of benefit~~sociated with each new job created by the project at the business unit: $ !:J 135 - Effective 08101104 Page 3 01 7 -- -- -~ -- - -~., Agenda Item No. 16A6 January 25, 2005 Page 19 of 23 c) If jobs are to be phased in, provide the date when each phase of employment will be funy implemented: (Please limit the phases to no more than three consecutive years, and job creation to no less than ten jobs in any given year.) Phase Number of net, new full-time equivalent Collier County jobs created in business unit Date by which those jobs will be created I II III TOTAL 12. a) b) List the anticipated amount (within three (3) years) and type (purchase of machinery/equipment, construction of buildings, etc.) of major capital investment to be made by the applicant in connection with this Collier County project: Amount $ Land (if applicable) Amount $~Jg:DOO Construction/Renovations Amount $ Manufacturing Equipment Am;~t~~ :-rlW:~ Other Equipment c) Estimated square feet of new or newly expanded facility: 17,000 'Iz/DS 13. Anticipated date of beginning of construction for this project: Q/05 14. Anticipated date project will be in operation: . ContöWéJ,_~_~mh111 ~,*r~ì Fi çonp ~on.' nip . 215..0225 l~ '?I{~ ~)5l.:>-J1-~1 mati: mal : mail: 5V'nGeI1t@qprtl-~.lDn1 eo,..jnæ.a~~ . Fax: 0ax: ~C4bIe.cnnFax: ~) .. 2- . CDYr1 Effective 08/01/04 Page 4 of 7 .. ~~.== _.....~,.- _W'_· 'I(JIiIJOIM~'\ ___.~« '\;~ . ~~,~;"W<S~~'m.¡¡':'~'-__",{~""""%:."'-~'~'\ô-",,-,.'~'~~__ Agenda Item No. 16A6 January 25, 2005 Page 20 of 23",- Project Impact Information 16, What role wìIJ the incentive (or incentives) play in the decision of the applicant to locate or expand in Collier County? (If there are other states/communities competing for this project, please list which states/communities and what incentives are being offered by those states/communities.) Ime yY) iss(on 6f the 6 u::tdal u¡:e Mer; Inc. is tD 2.er\lt:" the þeoyk or .::th1m~ Jet: t:¡:¡ Onåa . I 17. a) Provide a brief review of the applicant's past activities in Collier County and in other states, particularly as they relate to environmental and growth management impacts and how these have been handled. (Basically. what kind of corporate citizen has the applicant been?) ~ re)ow b} Describe any criminal or civil fines, or penalties, and any awards. 11lcre, haVe. ~ no c.lvil OrCí/rniraffii1tS.íhc.êtuat:ftlfu.pe: . ~ is ~u;\1he~ Yea9l1iUd for-ihl-!fµaJ 11zj ef its ~5. . f -me f1~\Uþ: Center Of Jrnrnokcdx~ ~ fwD foci, W7h of whicl1 aYL cl~fqhed.1v helr 1he CfJh1mUA1thj r~nd tv !jroY¥th. Mttnt1 ~work~ Dr IltWt'e\'S CtrVtýe-- ih -the CDmmUJ1~ lOOk¡'~ fvy wOyk a¥1d nor haV1n/f. ì ~ ~UYre3.1h: ~U£ldcdupe Cei1ter~ hot meals¡ Clo1ñ'~ aM hct~~ (b inte,n'm assi~.1ht: IOn£f-.twns;>JuhÐi1 fu h;lp't1Ij ~. i /16 È>1hYlJLU1h pre-51JOOI we, Ct{tr.r;-3;I¡[l) -JufDrfYl4Jthd ~h1if ~.lhe:£::ttv'¡œsCtIIow' OVif 2BJ ~ ~ \NHIk:~r . Ck1\'[ar-~ recàk- ~åunitØihedfU1,after:;d¡OOI on;tW1nj hoJ¡d~ 1h: 6¡uadalU{( ~ a~ imins (lfþtZ1¡(rYlt1teJl1 !5D aMfs n ÐgJti:fí ÓklA \/oCtcl11JI1å1 ~i 1:5, þernlitf¡'~ ihifn -fD ~e. ~ Or .JxtUJ9þ. }£pT, iVte 6r_I~ CtvrtrYevnptnp IZ highE£h()t)J ~&1s tfY JfiU \ E_~ 06I01I~ P". 5 0[7 . ~ Cf)r¡t-.) ..~~SMCIo ..-- -..~ _._- -.-- .- -_._.....~ -.,.-...-.----....................--...... ..-- .~ 'Ø'tV- . " Agenda Item No. 16A6 January 25, 2005 Page 21 of 23 _c~1f II' ~'_'I:I. , . Requirements .~~..".,~>~,_'^.~'-,._"N_. .... ~_wA_~_~"_'"'''' ........ 1. East IrackPArmjtfjn,cL'p..t".ãAr.<:a_u. ..... .. .. ............ .. ... ........_......._.................................___._......................_.............L.- as iutv.-s afriffihoof antt dun'rg tht..:5~rnef;-frey-eÞvr . i"Gf1'.aQ'~ hcu:£ho/ð 'ncome- aná giÝÌ~ h¡gh .xhw/0tùAérß trran~1 WOrK. ihc: ~u.adalup:; Center- al50 ~anfs--1hc' hlÍ~h ~. co! iWDY5 wtl11 CDflcgf W7olar5Jlps fn¡rn1J2,lW-ID 1Þr,ti)D :ihw!j eNlb/i~ -/he ~Vrfs 1z> 3:tuæ ¡xt1- hl'qh , 5f¡001 -mu11/YL:1 M1d v-e:turnio the- CDmYl1unihj with 1áuiC6h¡þ :j<i lb. ....----..,....-.---.- -'.-~ Application Completed By: Coh11r2lk:r (Print or Type Title) ~ (f~.L1c. (Co pany) . (Z?i1) 051-- 11 ) (Phone Number) j2?:Pt) t51-- 1112- (Fax Number) 1D/J5D~ (Date) (Contact Person, if different) (E-mail Address, if different) (Address, if different) (Phone Number, if different) Effective 08/01/04 Page 7 of 7 -_. ..-----.- ~~..,I:::·oI·~~~....':.-,..-,......u:.:..~~O(:~·.;:;-~--...;."'-O:<~""I-IoI·- Agenda Item No. 16A6 January 25, 2005 Page 22 of 23 To the best of my knowledge, the information included in this application is accurate. 11 '7'\ k µ¡ tìt:-,~--V'\. ~ent (Print or Type Title of Authorized Officer) c. ~) 05'1-43b1 (Phone Number) ~) b51-0Zlh (Fax Number) ~ì ~ fOll5/D+ (Date) ... --- -- -- _.- -.- Oct 14 04 12:54a Guadalupe Center 23S-S57-771~enda Item No. 16A6 January 25,I!S@.; Page 23 of 23 ~ November 5, 2004 Economic Development Council of Coltier County 3050 N. Horseshoe Drive, # 120 Naples, FL 34104 Response tD Item 17a) - Economic Stimulus Program Application: The Guadalupe Center of Immokalee has two foci, both of which are designed to help the community respond to growth. Many farmworkers or laborers aniv.e in the community looking for work and not haVing adequate resources. The Guadalupe Center offers hot meals, clothing and hot showers as interim assistance. 'The long-term solution to helping families Is through pre-schooI care, after-school tutoring and summer camps. These services anow over 250 parents work white their children receiVe care during the day, after school or during holidays. The Guadalupe Center also trains approximately SO adults In English and vocational skills, permitting them to pursue new or better jobs. Last, the Guadalupe Center employs 18 high school students per year as tutors after school and during the summer, thereby increasing household income and gMng high school students meaningful work. The Guadalupe Center also rewards the high school tutors with college scholarships from $2,000 to $8,000, thereby enabling the students to secure post-high school training and return to the community with leadership skllts. It is of vital importance to the Guadalupe Center to receive the incentiveS through the Economic Stimulus Program in order to continue with our expansion plans, as wetl as to continue serving the community needs. For f!NerY dollar receiVed through the incentive program, it Is one less dollar that we need to request from our donors in order to provide al of the above-listed services. Very truly yours, Stanley Boynton President "fh.. Guadalupe Con..., of bnmolt.l~.. PO 1tox 1053 Inomokak.. FL 34143 . .', ~ :":. t? '.. ':'l ,,,:.¡ ~:' ~~: " '....... ,," ..... 'o'.h'" ~. '-~~""';,~:.';':'':'('~\~¡'' '. :': ~. ; .¡ : : . ~; " . ~ . ".~:,: ._L~~~... 239 f>5? 4361 lei 23'1 ~57 ~1!16 fåx 2.39 Ii!>? 171 t 1.1 131} 657 1711 fa" :;u~ ('!>II 1999 ...1 2396511 t ')97 em. -"~--'-~-'----'-- .- - ---_._'.~-_. Agenda Item No. 16A 7 January 25, 2005 Page 1 of 4 EXECUTIVE SUMMARY Recommend the Board adopt a Resolution opposing proposed Senate Bill 0620, and any similar changes to Florida Statutes, that will diminish authority of Florida's local governments to regulate wireless communications facilities except to the extent actually necessary to facilitate 911/E911 services. OBJECTIVE: That the Board adopt the attached Resolution to oppose Senate Bill Number 0620, or any other possible proposed legislation, that, if enacted into law, will diminish the authority of Florida's local governments with regard to local government regulation of wireless communications facilities far in excess of any actual necessity to facilitate 911 services and/or E911 services. CONSIDERATIONS: As attempted by the wireless industry during Florida's last year's legislative session, there is newly proposed legislation pending before Florida's Legislature. This proposed Senate Bill imposes significant (and unwarranted) limitations upon Collier County (and all other local governments in Florida) regarding local government regulation of ''wireless communication facilities." The respective unjustified limitations are specified in the attached Reso lution. FISCAL IMPACT: Adoption of the attached Resolution will have no fiscal impact. GROWTH MANAGEMENT IMP ACT: This proposed legislation, if enacted into law, will authorize wireless communications facilities to be located and.lor modified at sites that wou1d otherwise be prohibited (or otherwise be restricted) by Collier County's ordinances, rules or regulations, including at sites incompatible with adjacent or near-by lots and parcels of land, thereby devaluing affected properties. LEGAL CONSIDERATIONS: Provisions in Senate Bill 0620 that prevent local governments from having hearings and prohibiting review of public input may violate the constitutional right to petition one's government and due process, and provisions that exempt wireless communications facilities (or sites) from agreements, including PUD Ordinances, may constitute unconstitutional interference with contracts. RECOMMENDATION: That the Board adopt the attached Resolution to oppose proposed Senate Bill 0620 now pending before Florida's Legislature, which, if enacted into law, will negatively and unnecessarily diminish Collier County's authority to regulate wireless communication facilities far in excess of any actual need to facilitate 911 services and/or E911 services; and direct Staff to deliver a true copy of this Resolution to the Florida Association of Counties and to each member of Collier County's Local Legislative Delegation. Prepared by: D. E. "Bleu" Wallace, Director, CDES Operations Aqen"a Item No. 16A7 ~ January 25, 2005 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16A7 Meeting Date Recommend the Soard adopt a ResQlution opposing proposed Senate 8m 0620, and any similar changes to Florida Statutes, that wiil dimini!õh authority Df Florida'l> local governments to reguime wireless communic.aliol1s faciJilies except to the extent actually necessary to facilitate 911/E911 services. 1 /25l2005 9:00:00 AM Prepared By Date Bleu Wallace CDES Oper3tions Director 1/13/2005 11 :38:40 AM CommunIty Develupm"nt & EnlJironmental Sr.rvic(!\i. COES Qper3t!otlG Approved By Sandra Li~¡ Executi....e Secrctuy Datl~ Communìty Development.& Environmental S~rvic::.es Community Development .& Ef1viroomental Services Admin. 1/131200511:45 AM Approved By Constmwe A. Johnson Operations Ännlylõ{ ComrnlJnity D(!velClpment &. Ellvirt>1'tttU!fIt..1 $mvil:u$ Admin. Date Cmnmunity D~v(~lopmlmt ..... Envíumnlt!nt..1 S*"rvic~$ 1t1Jf20D5 11:59 AM Approved By JO$.C!!þh K, Schrnitt Community De-v~opment & Environmental Services- Adminstrator DatI!:! Community Devf~lopmunl.\ Envlf'Onmcnbl Sorvices. Community Devdopmeht &. Environmental SiE!rvice~ Admin, '1/131200510:23 PM Approved By OMB CO(3rdinilltor Ad'ninÜ>lrativt! Å$$istõU1t Date County Manager's Oftí(;e Office of MBnageln(!nt & Budget IJ14i2005 10:5& AM Approved By Michae! Sl11ykaws;ki Management 8. Gudget Diructor Date County Mnnager'!O Off¡ct! QUiçe of Managem(!nt & BudgL>f 1.'14/20053:5£ PM Approved By James V. Mudd County Manager Date BOiJrd of Cr..unty Commissioners. County M.In.<tgEH'$ Offit>£! 1118,12005 1bt7 PM Agenda Item No. 16A7 January 25, 2005 Page 3 of 4 RESOLUTION NO. 2005-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, OPPOSING ENACTMENT INTO LAW SPECIFIC PROVISIONS IN SECTION THREE IN PROPOSED FLORIDA SENATE BILL 0620 RELATING TO UNWARRANTED AND UNJUSTIFIED ELIMINATION OF LOCAL GOVERNMENT REGULATION OF WIRELESS COMMUNICATIONS FACILITIES AND SITES WHEREAS, Collier County's objections to proposed Senate Bill 0620 are limited to Section 3 in Senate Bill 0620; and WHEREAS, Section 3 in proposed Senate Bill 0620 grants significant exemptions to wireless communications facilities from approval review of Florida counties, municipalities, and all other local governments (as defined in the Bill); and WHEREAS, the Bill's exemptions from local government approval review are based upon alleged necessity to facilitate 911 service and/or E911 service; and WHEREAS, the Bill's proposed exemptions from local govemment review are not expressly limited only to wireless communications facilities (and sites) that facilitate 911 service and/or E911 seIVice (through reliable wireless systems); therefore, first and foremost, the Bill must be amended to clearly state that all exemptions from local government review shall apply only to a provider's wireless communications facilities and sites that fu.cilitate 911 service and/or E911 service; and WHEREAS, Section 3 in this Bill adds a new definition of "Administrative Review" (into Sec. 365.172) which level of review prohibits each Florida local government from having any hearing and from even reviewing any public input regarding placement of, or modifications to, wireless communications facilities (including towers) and sites; and WHEREAS, Section 3 in this Bill adds a new definition of "Building-permit review" (into Sec. 365.172), which level of review affirmatively prohibits each Florida local government from considering compliance with land development regulations, defined as "... any ordinance enacted by a local governing body for the regulation of any aspect of development, including an ordinance governing zoning, subdivision, landscaping, tree protection, or signs, or any other ordinance concerning any aspect of the development of land. The term does not include building-construction standards adopted under and in compliance with chapter 553."; and WHEREAS, Section 3 in this Bill is proposed to be amended to specify that collocation among wireless providers is encouraged by the state, and that "collocations" (not expressly limited only to collocation of a wireless provider's fu.cilities), provided such collocated facilities will not exceed the height of any other structure or appurtenance then at the supporting structure, and which are or a design and configuration consistent with all applicable restrictions or conditions applied to the first antenna, shall not be subject to land development regulations and shall be subject only to building-permit review. Also, collocations are not subject to restrictions, conditions, permits, or agreements imposed by a local government, acting in its regulatory capacity, which are inconsistent with Section 365.172, F.S. Section 3 in this Bill should clearly exempt only collocated facilities/sites that facilitate 911 and/or £911 service; and no wireless communications facilities or site should be exempted from a local government's landscaping requirements, sign ordinance, subdivision regulations, PUDs, or the local government's imposed collocation agreement provisions that are imposed upon applicant's applying for other essential service communications fu.cilities or sites; and WHEREAS, Section 3 in this Bill (correctly limited only to "wireless providers"), specifies that local government's regulatory authority over placement of a wireless provider's facilities (including towers) is to be limited to evaluating only relevant land use and zoning issues, and the local government is no longer allowed to Agenda Item No. 16A7 January 25, 2005 Page 4 of 4 .- question the wireless provider's alleged business need for its selected site; therefore if the local government's zoning allows the applied-for facilities (including towers) at the applicant's selected site, the local government must allow the applied-for facilities to be placed on such site even if those applied-for facilities could functionally be placed on a more appropriate site with regard to adjacent properties. This proposed elimination of this currently existing local government authority is unjustified and unw!UTanted; and WHEREAS, Section 3 in this Bill provides that Florida's local governments can no longer mandate that wireless communications facilities be placed, constructed and/or modified in accordance with accepted trade construction standards, including EIAmA standards. Collier County's Communications Tower Ordinance (LDC) applies EIAmA standards to wireless communications facilities. There is no valid reason why any Florida local government should be prohibited from retaining its existing authority to mandate that wireless communications facilities comply with such trade construction standards. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners of Collier County, Florida opposes enactment into law of proposed Florida Senate Bill 0620 because the proposed amendments specified above in the WHEREAS clauses do not even remotely approach a proper balancing of the needs to facilitate 911 and/or E911 services against the public interests of local governments being able to regulate land use and communications facilities, including interests of the adjacent and nearby landowners who may be negatively affected by such land uses and facilities. 2. The Board of County Commissioners of Collier County, Florida, requests that its Local Legislative Delegation advocate that the proposed Bill not be enacted into law unless and until the County's concerns, as expressed herein, are cured by amendments to proposed Senate Bill 0620, and other similar legislation, if any. Tms RESOLUTION ADOPTED after motion, second and majority vote in favor of adoption this _ day of , 2005. ATTEST: DWIGIIT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Deputy Clerk By: FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney -, Agenda Item No. 16A8 January 25. 2005 Page 1 of 6 EXECUTIVE SUMMARY Recommendation to approve one (1) impact fee reimbursement requested by Mortgage Max, Incorporated, totaling $34,566.60, due to bunding permit revision and corresponding reduction in square footage OBJECTIVE: That the Board of County Commissioners approve one (1) impact fee reimbursement, requested by Mortgage Max, Incorporated, due to the revision and corresponding reduction of square footage related to Building Pennit Number 2001- 090847, totaling $34,566.60. CONSIDERATIONS: Section 74-202 of Article II of Chapter 74 of the Collier County Code of Laws and Ordinances, the Collier County Consolidated Impact Fee Ordinance, 2001-13, as amended, provides for specific criteria and procedures for processing routine and non-routine requests for impact fee reimbursements. Specifically, as set forth by Section 74-202 (h) (5): "All reimbursement requests totaling twenty-five thousand dollars ($25,000) or more, cannot be approved administratively and must be submitted to the Board of County Commissioners." c- The Impact Fee Section of Financial Administration and Housing at the Community Development and Environmental Services Division received the following request for reimbursement: Mortgage Max, Incorporated ($34,566.60) - Building Permit Number 2001-090847 for the construction of a new medical office building has been revised and the total square footage reduced by 3,975 feet. Therefore, per the attached letter, the customer requests impact fees paid for the 3,975 square feet that will not be constructed be reimbursed. FISCAL IMP ACT: The recommended impact fee reimbursements will be transacted as debit entries against the applicable revenue budget line items in the following amounts: Road (District 1) Jail Emergency Medical Services $ 28,882.35 $ 5,270.85 $ 413.40 Total: $34,566.60 GROWTH MANAGEMENT IMP ACT: Remittance of the requested impact fee reimbursement may adversely affect capital project funding for road construction; however, the building pennit has been revised and the square footage has been reduced; therefore, a reimbursement 'is due to the customer. - . ""'···"···"'·."'..·'M·.HI....'r_!!II·_.""__ Impact Fees Reimbursement - Kids Medical Care Agenda Item No. 16A8 January 25, 2005 Page:>~ge 2 of 6 LEGAL CONSIDERATIONS: This request is consistent with the provisions and guidelines of Section 74-202 of Article II of Chapter 74 of the Collier County Code of Laws and Ordinances, the Collier County Consolidated Impact Fee Ordinance, 2001-13, as amended, which provides for certain reimbursements of impact fees. RECOMMENDATION: Recommendation that the Board of County Commissioners approve the requested impact fee reimbursement, totaling $34,556.60, and any related budget amendments that may be required. Prepared by; Amy Patterson, Impact Fee Manager, Financial Administration and Housing, CDES Item Number Item Summary Muting Date Agen(a Item No 16A8 January 25, 2005 F}age 3 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS IBAa Recommel1datiol1 to approve one (1) impact fee reimbursement requested by Mortgage Max, Incorporated, totaling $34,566.60, due to building permit revision and corresponding reduction i!1 square footage 1125/20059:00:00 AM Prepared By 1!10r2005 2:34:06 PM AtTlY P.i!lttm:;on Community Dcve-Iopment & Environmental Service.s. Dllt~ Imp;u:t F!~e M,;a"a!J~r Finandal Admin. & Housing Date Approved By Noml E. Feder, AICP Transportion SNvices Transportation D¡"ision Administr310r Tran,o¡portal:iQn Servic,",,$ Admin. 1/11/200& 9:JG AM Date A pproved By Patrick G. White County Attomey Ass.h.tant County Attomey County Attom~y Office 1/11/20053:16 PM Délte Approved By Shamn Nj~wlTlan TnlnspOftion Sl!Ivi';e!' Acr.aunting SUpl~rvÜ.¡)r lmtJ~iftot1..ti()fI AdlTlinÏ$:tratil)n 1111/20053:37 PM Date Approved By Denton Bak~r C(unmunity Devl~¡oJlm'~nt 0\ f.:n'limI101~ntal Sarvices. Fioancial Admin & Housing Dire-ctor Financial Admin. & Housing "1/12/20059;12 AM Dute Approved By Con$ta'u:1! A. Joh,u;nn Community D~,."alopm~nt 3 Environmental Servìc~$ OlI!nltíofS Allaly!>t Community Development & Environmental Services Admin, 1/13/200$ 8:10 AM Date Approved By Sandra Lcn Community Oevelopl'rlt!!nt &. E"<Jir(Jnmlmbl Smvil~e1õ [~)(ewtivc S(!cretary CQmmunity Development & Envi()tJtnent;~1 Sl!'rvket> AIJtnÎn. 1/13!20(]S 8:33 AM D,II:e App.'oved By .o~H!ph K, Schmitt Cømmunity Df!'\Ielupfnent 8. Environmental Services Cornmunny Devl?<lopment & En'llirunlnt'iltal Servic~.$ Admilutrator ComrmlOity D¡¡,ynlopmcflt & Environmental Servicus Admin. 1,'14/2005 10:25 AM Dah¡ Approved By OMB Coørdín¡¡1ar Cuunty Manager's Office AdtTlini~tmtivl~ A5!õis1urtt Offi;;;e of Management & Budget 1I14.r2U05 10:52 AM Date Approved By Michael SmY}¡DV1\>ki County M.m;~!JI~r'$ 01fic:~ Management & l3udgp.t Dirf1tctor Otfi¡;;l~ of MßtI'lg~!tnjmt & BlJdge.t 1/14120052:02 PM Date Approved By James V. Mudd Board O'f Comrty Commissioners County Manager C<lunty M.m';I!II!r's Offic.e 1116r200S 1:02 PM COL{)<D «0_ <DOC ....-N"<t OLOG> ZNO"J ro E èo... Q)ro ....,:::¡ -¡: roro -0-' c Q) O"J « ?'! <':! ~ ~ ,- ~ :... :t 'J £ ~ ,- ,.., .:.; (,} " )" ~ -t .t ,.. ¿ Þr, £; .- J L. 1¡ 'J ;;-; ..... .Ë. tì :( ~; '/) i 1; ..' ~ 'J II"'I ~ ~ 1-' ., f'< - "Z 1""\ ';.:: ",.J ;.;. .J ~.; ~. ~ - ,.... ~ ;.- c¿; ~ ;! ::::' ;::: ;!~ :: ~, ~ r:J ""'. :f, :: 0 t;::: '6 =:::n '~ ~ ;i. ;¿ '~ '- - :) ~ ~ ,... ~ "2. r 0 ,- ~ r -:; ,'# ,.. .. - '....... . .. ~ ~; \~ '" l) "-.: "' ,1J Ir, 'J ..L -t 1. '" ~r èh ::; - - .-. "' - i: ::; ~ ~ µ ,... J J :; ;':: ;,) - .. Ë 'J 'J C' 0 tI, u ::; c. 1:! () g., ..c ;,. J ,... ..... 2 J ¡~:' ? ..! 'J) 1;, i: X , :; ~ t." J :/. n :L r I :t;. c... ,.;:: - 'J 'J 'J :.J ¡. "J . ~..; ~.) r-r: ~ ,.' r- : .. '", ~. .. ., 'J - 2 1 ., ., ~J li c.. ;:¡ ... ,. - ~ - 7: 2 ... 3 - V 1) ... .' 2 ,... '~ :J " - ,.- ; 2 'J 'J '" - J :::1 ., 2 :; .' ~'I :.r. - ''J -~ ?-, ,J ,/ ., C .. ..d c.. -:; ~ '- ~ ,.- r ,~ /": ¡ ~. '.::' .. :; :1, ,. 1) ~""" ;:::" .. é. ~ ';; ç; J .' ~ :1> ~ 1; ::) :: '" ~ '" 'J "" -:; .~-- :::: '" '- \ ) I \, \.. I h.{ \ ,- ....} ~ ~ J: ~) v :; "--' ';: ~.~¡ \~ \):E l Agenda Item No. 16A8 January 25, 2005 Page 5 of 6 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt IrªD.~~.IJ_fD.Þ.ªr~~=~~~pate ._____ 319113 i 3/1/2002 11:02:5§ AM ---.~ ----....._~_._....H._.__..H._....____.___._._____..., Post Date i PaYr:!!.ent Sli~J'1br_.... ... .~(llgºº.£___-.leI 2001090847 ...._....__H_~_~_----¡ Address: 1750 SW HEALTH PKY Owner: MORTGAGE MAX INC COA #: 01-3551 Permit Type: BC3 Job Desc: CBS KIDS MEDICAL CARE _ Applicant: DWIGHT DBA: BORAN CRAIG BARBER ENGEL CONSTR. CO., INC. Swr Meter: NC wtr Meter: CC Payor: BORAN CRAIG Fee Information ¡.......--....--.-... .........-.. .. .-... ...-....-.-. ........-..--..-...... ...-....--.... -..-... ~J.. AçQ.oulJ..L..________.___ __'·__n...., I Fee Code Description t-- Amount Waived i 42WSDC WATER SYSTEM CHARGE ._~_ . __·_····_..._....H..........__--< _4.1J?Zª.~t1~4.~~ªº.ººººº...._._. _.. _.~ªª1~.Q.º. ...-......- ..............---...-..... [4~_$.$-º.f_.._§E~.R SYSTEM CHðRGE__....._____~_ 41~?º;3§JJ.ª4~~§ºººQQº_..__....._. ___...._$.?ª75.00 ....-..........-...-.-........---....., 42MTTP COYNTY METER TAP ÇHðBQE 40825321234332000000 -- . $809.00 08BCAI BLDG.CODE CERT. SURCHARGE 11300000020882000000 $67.10 08BPNP BLDG. P~RMLI~.::~6Eb~§...__.__...___ ..11.~ 138900$2211ººº..Qºº_.. ........... _.............~7ª.ª!?,Q-º. -'''-'''~'- ........---.-.--..--., ' 08EMSI . EMS IMPACT FEES UNINC. J§'ºJ4º4Iº_~_E.5)85000000 $1272.65 :g~~~[~=--~ljl~~7d~~~flfE~NºfÙtt~~ðP~~[== ~_·"_""_'_'_.m< 11300000020910100000 $568.40 -...-..-...-.-............-..--...--..--...-----.-.--- .-._..~..._--'" 38111043036380100000 $16226.261 Lg~:~~~;~_~I~~î~~~~R~~_MED. OF 11313890034144200000 .Æ1.:1.t.? · 33116~65036371000000 $88914.04 · . O~NNIM 'ii'.oRTH NAPL~S FIRE IMPACT 11300000020981000000 _'_ $4026.00 _J ---.---.-. 08RDGS BLDG. PE~MIT §.t,J_RÇ!:!ðB§.ê._._.____ _1J)000000208~0000000 . $67.10 08BACR I BLDG. PERMIT APP. FEE CREDIT 1131389003225100ºººQ.__.__ _----1-294.3 Q..______.__ 08FPRF ! FIRE PLAN REVIEW FEE __ .11300Q0002091 0200000 $700.00 r:-------...--.+..-..........-.....--..-----. LºªðEP-'=.__.LFJRE PLAN REVIEW APP FEE 1 l30000002091 0200000 -- f-- $-700.00 · Total $128868.40 - Continued - Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:12/13/2004 1:05:27 PM Agenda Item No. 16A8 January 25, 2005 Page 6 of 6 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Lliªns Number 1319113 1lli!1e--------·---- ____~ost Date __..L3/112002 11 :02:55 AM 13/1/2002 :~y~~~~ ~~~8~~r .---~==m=:J ---_.~._...._....,.._---_._----~ Payments Œ~¡fi!~~·çººEJ·--·-····I··~igºlJ.Q~ÇJ:1~-c¿~--~~rDÞ~~.·~~ 1 Amount i ___J~J~-ª1?-8.40 I . . . ...._-...__._...--_.._,._--_.....,.._--_.._..~_...,- ..... ..... Total Cash C==-=- $O.o~ Total Non-Cash L__i12J}86-8,40! Total Paid 1--$1-2886-8.40] Memo: Cashierllocation: GARRETI _ S / User: POTTER_ T Collier County Board of County Commissioners CD-Plus for Windows 951NT Printed:12/1312004 1:05:27 PM ................ Agenda Item No. 16A9 January 25, 2005 Page 1 of 17 EXECUTIVE SUMMARY Recommendation to approve a Resolution supporting Genapol as a qualified applicant in the Qualified Target Industry (QTI) Tax Refund Program and providing for an appropriation of $96,000 as a local participation match, pursuant to Section 288.106, Florida Statutes OBJECTWE: Approval of a Resolution supporting Genapol (Florida Incorporation pending) as a qualified applicant in the QTI Tax Refund Program and providing for an appropriation of $96,000 as a local participation match, pursuant to Section 288.106, Florida Statutes, which will be paid in increments estimated to begin in Fiscal Year 2007 and end in Fiscal Year 2012. CONSIDERATIONS: The Qualified Target Industry (QTI) Tax Refund Program is a State incentive available to Florida Communities to encourage quality job growth in targeted high value-added businesses. In order to be eligible for the program an applicant must meet certain specified program criteria, including type of industry, number of new jobs created, wage of the new jobs and the economic impact to the area to which the business is relocating/expanding. If approved, the applicant may receive refunds on the taxes it pays (i.e. corporate income taxes, insurance premium taxes, sales tax, etc [Section 288.106 (2)( c), F.S. D. (provided by Entetprise Florida, Inc.) "'...-.,. An additional requirement for a company to be certified as a qualified target industry is "a resolution adopted by the governing board of the county or municipality in which the project will be located, which resolution recommends that certain types of businesses be approved as a qualified target industry business and states that the commitments of local financial support necessary for the target industry business exist" (s. 288.106(3)(9), Florida Statutes). Florida Statute Section 288.106 (1)0) defines "Local financial support" as "funding from local sources, public or private, which is paid to the Economic Development Trust Fund and which is equal to 20 percent of the annual tax refund for a qualified target industry business". Genapol provides "certified aircraft composite component manufacturing, aircraft parts distribution (pZL Mielec Aircraft), composite kit manufacturing and assisted assembly, product displays, warehousing and distribution." Genapol is currently based in Poland, and through the recently approved partnership agreement between the Florida Tradeport and Poland's Industrial Development Agency and the Economic Development Council's Trade Mission to Poland, Genapol is considering expanding to the Florida Tradeport in Immokalee, Florida. This new location will allow them to expand their business by a minimum of eighty (80) additional positions. Genapol proposes to create eighty (80) new jobs by December 31, 2012, in Immokalee, at an average wage of $36,000, which is 115% of Collier County's 2003 average wage. The company is also proposing an initial capital investment of approximately $750,000 for the construction of a new building and an additional investment of$SOO,ooO in manufacturing and other equipment. .- Genapol meets all program requirements of the QTI Tax Refund Program, and Enterprise Florida, Inc. has corrftnned with the Governor's Office of Tourism, Trade and Economic Development (OTTED) that the Advocate Aircraft Company is eligible for QTI tax refunds, as specified in Section 288.106 -----_...,-",.""..",,,,,, ,",.,.".,,,..."',,,.,.-""'.......,,....,,,,.. Genapol Page 2 Agenda Item No. 16A9 January 25, 2005 Page 2 of 17 (2)(c), up to $480,000, of which 20% ($96,000) will be provided by Co1lier County through a local match. This incentive award is calculated based upon the number of new jobs created and the annual wage of the new jobs, as calculated by Enterprise Florida. Therefore, approval of this Resolution will help to promote the creation and retention of high wage jobs in Collier County. FISCAL IMPACT: The initial capital investment related to this project is estimated to be $750,000. In addition, the creation of the eighty (80) new jobs generates a local payroll of approximately $2,880,000 annually. The funding for this local match should be made available in the economic development section of the Financial Administration and Housing budget Staff recommends that the funding for this incentive be budgeted in the following Fiscal Years, based on the year of job creation, as noted below: Fiscal Year 2007 - Fiscal Year 2008 - Fiscal Year 2009 - Fiscal Year 2010 - Fiscal Year 2011 - Fiscal Year 2012 - $ 6,000 $12,000 $24,000 $24,000 $18,000 $12,000 The local match funding is to be paid to the Florida Economic Development Trust Fund with the stipulation that the funds are intended to represent the "local participation" required by s.288.106, Florida Statutes. However, the necessary commitment of local financial support shall be contingent upon Genapol creating and maintaining the jobs during the life of the incentive, complying with all rules and guidelines of the specified program, and ensuring that its hiring practices are consistent with and reflect the diversity of the Collier County community. The Financial Administration and Housing Department and the Economic Development Council of Collier County have dual responsibility for job verification as well as monitoring program compliance. The yearly local match will be paid omy after confinnation that the applicant had fulfilled the specified corresponding program requirements, as detennined by Enterprise Florida. GROWTH MANAGEMENT IMP ACT: This application is consistent with the Economic Element of the Growth Management Plan, specifically Objective 1.3 that states: "Collier County will support programs which are designed to promote and encourage the recruitment of new industry as well as the expansion and retention of existing industries in order to diversify the County's economic base." Approval of this Resolution is also in accordance with the requirements of Section 288.106, Florida Statutes. LEGAL CONSIDERATIONS: Approval of this Resolution is in accordance with the requirements Section 288.106, Florida Statutes, regarding the "tax refund program for qualified target industry businesses." Genapol Page 3 Agenda Item No. 16A9 January 25, 2005 Page 3 of 17 RECOMMENDATION: That the Board of County Commissioners approve a Resolution supporting Genapol as a qualified applicant in the QTI Tax Refund Program and providing for an appropriation of $96,000 as a local participation match, pursuant to Section 288.106, Florida Statutes, which will be paid in increments estimated to begin in Fiscal Year 2007 and end in Fiscal Year 2012 and approve any related budget amendments that may be required. Prepared by: Amy Patterson, Impact Fee Manager, Financial Administration and Housing, CDES .- Item Number Item Summary Meeting Date Agenda Item No. 16A9 JanUt~ry 25, 2005 Page 4 of 1'7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 15A9 Recommendation to approve a Reso)utiol1 supportmg Genapol as a qualified Bppilcant in the Qualified Targl!t Industry (OTI) Tax Refund ÞrogrørT1 and providing far an appropnation of S96.000 as a local participation match. pursuant to Section 288.106., Florida Statutes Jf25/2005 9~OO:OO AM Prepared By 11111200511:05:53 AM Amy Patterson Community Development & Envimlltnental Service$ D,üt-e Irnp;¡(:t F,!t! Mana.!lM ~~inanc::itll Admin, & HDU5in9 Date Approved By Patrick G. \Nhite CO\lOly Attom~y A\;'§istøn1 County Attomt"Y CQunty Attorney OffiG~ ;/1H2005 3:07 PM Date Approved By Denton BBkttr Community D~veopmÐnt 8. En...¡rnnmcntal Services Financial Admin & Housing Director fin.1ncial Adrnin, &. Ht>u...¡n~1 1/12120058:55 AM O;!lh! Approved By C(~t)stance A, John:;,oh Conmlunity Dc\'elnpment & Enl{ironmel)tDl Services Oper;ltions. An4llVSit Community Devclopnumt & Enviromnental Servìces Admin, 1!13/2nos 8:15 AM Date Approved By Sandra Lea Commu!)ity [)c-velopnwnl & Environmnnt.-I SNvk:~s. ExecutivE Secretary Cl>lTununny D(llIdoprn~nt & Environment,, Servil:e:s Admin, 1/'1312005 B:41 AM Community Development & Environmental Services Adminfòtrator Date Approved By JQ$.~ph K. Schmitt Community Development & Environmental Servi<::.es Community Development &. Envíronmental Services Admin. 1/14!20DS 10:26 AM D.¡te Approved By OM8 Comdinatf)r County Manager's Office AdmÎn¡J>tf'él1jv~! A$$.is;tömt Office of Managenumt & BUdget 1/14/200510:54 AM Dote Approved By Míçhat"1 Smykowski County Manager's Office Mal1açemrmt & Budget Director Office of Management & Budget 1f1412005 4:30 PM Dati! Approved By Jmne:s V. Mudd Board of County Commissioners Cnl.mty M;¡¡nõitg(!t County Managør'.s. Otfice 1118/20055;49 PM Agenda Item No. 16A9 January 25, 2005 Page 5 of 17 RESOLUTION NO. 2005-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA SUPPORTING GENAPOL AS A QUALIFIED APPLICANT PURSUANT TO SECTION 288.106, FLORIDA STATUTES; PROVIDING AN APPROPRIATION OF $96,000 AS LOCAL PARTICIPATION IN THE QUALIFIED TARGET INDUSTRY (QTI) TAX REFUNDPROGRA~f FOR FISCAL YEARS 2007 THROUGH 2012; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Genapol is a manufacturer and distributor of aircraft components that is being considered as an applicant for the Qualified Target Industry (QTI) ta...x refund program; and WHEREAS, it is the policy of the State of Florida and of Collier County to encourage the growth of high value-added employment and to enhance the County's economic base by providing incentives via tax refunds to qualified targeted industries which will create high-wage jobs; and WHEREAS, Genapol \....m create eighty (80) new jobs in CoUier County over a six-year period and the wage fur the new jobs wiH average $36,000, which is l15(~'o of Colljer County's 2003 average wage which is the standard required by Section 288.106 (3)(b), F.S.; and WHEREAS, the Governor's Office of Tourism, Trade and Economic Development (OTTED) requires applicants requesting certification as a qualified targeted industry businesses to provide a resolution, adopted by the Board of County Commissioners of the County in which the proposed project is to be located, that recommends that the target business be approved by OTTED as a qualified target industry and which commits local financial support for the target business; and WHEREAS, Enterprise Florida has confirmed with OTTED that the Gcnapol project is otheI'\Vise eligibJe for QTI tax refunds up to $480,000 (including $96,000, i.e. 20%, loca1 match); and Agenda Item No. 16A9 January 25, 2005 Page 6 of 17 strengthen trade, technology, investment and economic development in Florida and Poland; and WHEREAS, authorizing a local matching financial incentive will provide an inducement for Genapol to locate in Collier County. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that 1. The Board of County Commissioners hereby recommends Genapol be approved by OTTED as a Qualified Target Industry Business pursuant to Section 288.106, F.S.; and 2. If Genapol is approved by OTTED, then the County, having reviewed the public resources for local financial support has now detennined that the County can and should provide the necessary financial commitment to Genapol as a Qualified Targeted Industry Business such that the COlillty'S QTI Tax Refund Program as referenced in Code of Laws and Ordinances section 49-34, has funding available for a 20% local match to Genapol of up to $96,000; and 3. This amount will therefore be so encumbered, and be made available for future payments which are proposed to be made in the following increments: FY 2007 _ $6,000, FY 2008 - $12,000, FY 2009 - $24,000, FY 2010 - $24,000, FY 2011 - $18,000 and FY 2012 - $12,000, such that these monies are to be paid to the Florida Economic Development T.rust Fund with the s6pulation that the funds are intended to represent the ··local participation" required by Section 288.106, F.S.; and 4. The County's commitment oflocal financial support is contingent upon Genapol: a. Creating and continuing to maintain the sixty high wage jobs during the life of the incentive; and b. Compl)'ing with all rules and guidelines of the specified program; Agenda Item No. 16A9 January 25, 2005 Page 7 of 17 THIS RESOLUTION is adopted after motion, second and majority vote favoring adoption this day of ,2005. ATTEST Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By By: Deputy Clerk Fred. W. Coyle, Chairman Approved as to fonn and legal sufficiency: ~y~ Assistant County Attorney l ,j.f ,,,'. GENERAL PROJECT OVERVIEW Genapol Name of Business Immokalee Development ~ Polish Business Relocation Agenda Item No. 16A9 January 25, 2005 Page 8 of 17 Project Title (1-5 word description) FOR EFI USE ONLY It is suggested that you contact Enterprise Florida at the below address to discuss your project and application before submitting a formal proposal Effective 07/01/01 Revised 04-08-04 Date Received Date Completed Page 1 of 7 Project Number The completed and signed application must be filed with: Sf:;.:... <:~: II ·~:"r::5 ". .:, ...:< .... . ....,. . .........:.~..i¡ Enterprise Florida The Atrium Building, Suite 201 . 325 John Knox Road Tallahassee, Florida 32303 850/488~6300 . Fax: 850/922~9595 httD:/lwww.eflorida.com! Agenda Item No. 16A9 January 25, 2005 Page 9 of 17 Eme!2Yer Identification BUSINESS INFORMATION: 1. a) Name of Business Unit: Genapol b) Mailing Address:6414 N. St. Louis Licolnwood. IL 60712 c) Name of Parent Company (if applicable): d) Primary business unit contact: Name: Arthur J. Ross Title: Principal Company: Genapol Address: 6414 N. St. Louis Licolnwood, IL 60712' Phone: 847-674.5404 Fax: 847-679-6501 Email: rfi@onebox.com Website: N/A e) Business unit's federal employer identification number: PendinQ upon relocation 1) Business unit's unemployment compensation identification number: PendinQ upon relocation g) Business unit's Florida sales tax registration number: PendinCl upon relocation h) List NAICS and SIC codes of all activities of the business unit: 336413/ 3728 Targeted Industry: Other Aircraft Parts and Auxiliary EQuipment ManufacturinQ i) Describe the business unit's primary business activities/function: Certified aircraft composite component manufacturinQ. aircraft parts distribution (PZL Mielec Aircraft), composite kit manufacturinQ and assisted assembly, Polish manufactures product displavs. warehousinQ and distribution. 2. a) Is the business unit minority owned: YES X NO b} If YES, explain:N/A 3. Business unit's tax year {ex: Jan. 1 - Dec. 31}: Fiscal Year Jan 1 - Dec 31 Project Identification/Information 4. a) Is the business unit a (please choose one): ~ A new business unit to Florida o An expansion of an existing Florida business unit b) If an expansion, how many Florida employees are currently in the expanding business unit'''? None c) How many individuals are employed in ALL Florida locations?None , Existing Florida employees cannot be included for consideration in certain incentive awards. Incentives may not be used in connection with any project that Involves the relocation of jobs from one Florida community to another. Effective 07101/01 Page 2 of 7 Revised 04-08-04 5. Full project description: Art Ross and his partner Gregory Filipowicz (Polish citizen) are developing three business units: parts warehousing and distribution for Drameda aircraft (manufactured in Poland and distributed through out US, Central and South America); composite manufacturing of aircraft components; and a bonded warehouse to be used to import additional products from Poland for distribution to the US, Central and South America. They are interested in locating at the Florida Tradeport because the land availability, the potential growth of the area and the Foreign Trade Zone status. GenapoJ's first contract for composite components is with Skytruck LLC, a US company that will be assembling and configuring the Polish designed and manufactured Skytruck M28. The company's target markets include other aircraft manufacturers, parts and maintenance for Dromeda crop dusters and firefighters. and companies from Poland that are exporting to the US. Agenda Item No. 16A9 January 25, 2005 Page10of17 The project has been divided in 2 Phases: Phase 1 of the project will require 20 Collier County employees. These are med skill including administrative personnel. There will be Polish engineers brought to the US temporarily to train the indigenous personnel on the composite manufacturing. This first local group will become the composite manufacturing core. a second group of local employees will establish the warehousing and distribution facility for both the Dromeda parts distribution and maintenance, and the bonded warehouse facility. This facility will be airside and total 12-15,000 square feet. Construction is planned to start in early Spring. Phase 2 will start in approximately 18 months at which time additional the facHity will be expanded by an additional 10-12,000 sq f1. The additional square footage will enable the company to go into full scale composite manufacturing and expand the parts warehousing and maintenance of the Domeda will also be in operation. Also planned for this phase is the assembly of the Dromeda kit plane for distribution through out the US, Central and South America. Phase 2 should be complete at a 30 month mark and should be employing approximately 80 employees. As local personnel develop through schooling and on the job training, it is anticipated that many of these positions can be filled using Collier personnel. Wages for Phase 1 are moderate, higher than the Immokalee average yet lower than the Naples area. Starting wages should be in the $2000-$2600 per month for administrative and technical personnel. Certain IT and accounting personnel will be higher. Management personnel will range from $4000-$6000 per month. As skills develop and production begins incentive programs and overtime can easily raise these wages by 30%. Schooling and education subsistence programs will be instituted and in house training will be an important part of the overall education process. Housing for Polish personnel is an important aspect of the project and appropriate development of housing for foreign visitors and employees is planned as soon as Phase 1 is completed. Management personnel will initially be brought in from the outside The bonded warehousing and Polish product showcase aspect of the business will hopefully have grown to require a separate building which should be in the planning stage at this point. This will be presented as a separate incentive request in early 2007. 6. Check the appropriate box and complete the line item: o Project's current location address: N/A. new business ~ Project's proposed location address: Florida Tradeport. Immokalee ReQional Airport Lot #AB Effective 07lú1/01 Revised 04-08-04 Page 3 of 7 · " 7. a) Located on Brownfield Site or in a Brownfield Area? -2L YES Agenda Item No. 16A9 January 25, 2005 Page 11 of 17 NO {Please attach a copy of the official document that designated this area a brownfield area.} b) Will project be locating or expanding in an Enterprise Zone? X YES NO Which Zone: Immokalee EZ#11 01 c) Will project be locating in a designated rural area? X YES NO Which designated rural area: Immokalee, FL 8. County in which project is/will be located: Collier County 9. Please check the box that best defines your project. Answer a) !Y:i.!2 b), if applicable: a) 0 Multistate business enterprise b) 0 Regional headquarters office K. Multinational business enterprise ~ National headquarters office o International headquarters office 10. Please estimate percentage of gross receipts or final sales resulting from this project that will be made outside of Florida: 80 % 11. Indicate the portion of the project (if any) that will be performing non-headquarters functions. Enter the industry description and code of each industry included in this project: 5-6 digit 4 digit NAICS SIC Business unit Activities Code Code Corporate Headquarters 5 % 55111 NJA Manufacturinq, assembly. warehouse 65 % 336413 3728 Parts distribution and aircraft maintenance 30 % 493190 12. List the 5-6 digit NAICS or 4 digit SIC code(s), estimated employment, and the annualized average wage (not including benefits) for activities included in the project: NAICS/SIC 336413 Est. Employment 65% Annualized Wage $ NAICS/SIC 55111 Est. Employment 5% Annualized Wage $ NAICS/SIC 493190 Est. Employment 30 % Annualized Wage $ 13. a) Anticipated annualized average wage (not including benefits) of the new to Florida jobs created by the project at the business unit: $ 36.000 (Cash performance bonuses and other cash payments to the employees, such as overtime, should be included. The anticipated wage reported here is only an estimate of the average wage to be paid. The wage indicated in response to an Incentive attachment, If applicable, will be used in the certification, agreement, and claim evaluation process.) b) Annualized average value of benefits associated with each new job created by the project at the business unit: . 14. a) Describe the capital investment in real and personal property (examples: construction of new facility; remodeling of facility; upgrading, replacing or buying new equipment. Do not include the value of land purchased for construction of a new building): Construction of new facility. purchase of mfg. and business equipment. Effective 07/01/01 Revised 04-0B-04 Page 4 of 7 ,0 - Agenda Item No. 16A9 January 25, 2005 Page 12 of 17 b) list the anticipated amount (within three (3) years) and type (purchase of machinery/equipment, construction of buildings, etc.) of major capital investment to be made by the applicant in connection with this Florida project: Amount $ 750,000 Amount $ 450,000 Amount $ 50,000 Total $ 1,300,000 Construction/Renovations Manufacturing Equipment Other Equipment Any additional equipment? c) Estimated square feet of new or newly expanded facility: Phase 1,12.000 SQ.ft., Phase 2.12.000 SQ.ft. 15. Anticipated date of beginning of construction for this project: September 2005 16. Anticipated date project will be in operation: Dec 2005 (phs 1), June 2006,(phs 2) Project Impact Information 17. What role will the incentive (or incentives) play in the decision ofthe applicant to locate or expand in this state? (If there are other states/communities competing for this project, please list which states/communities and what incentives are being offered by these states/communities.) The incentives will playa significant role in their ability to accomplish their business goals and their willingness to assist us in attracting more businesses to the Florida Tradeport. Being able to reduce their business costs of construction, equipment, and training of employees, would allow Genapol to further invest in developing the business. An important consideration here is that without the incentives, the company would not be able to grow and create jobs as planned and grow the business. If the company does not receive the incentives. they will be looking at other locations. Other communities around the country have an endless list of incentives and also offer enterprise zone benefits; therefore, it is necessary that the State Florida approves the QTI incentive for Genapol in order to remain competitive with other areas and locate this company within the State of Florida. Collier County is also providing incentives through Economic Stimulus program and has already agreed to the 20% matching support for the QTI program. 18. Provide a brief synopsis on the special impacts the project is expected to stimulate in the community, the state or regional economy, focusing on economic conditions in the area, including the unemployment rate in the community where the project will be located. The impact on the development of the Florida Tradeport [s significant. The company is projecting a total of 80 jobs over the next 5 years in the Enterprise Zone and Brownfield area of Immokalee. Effective 07101/01 Revised 04-08-04 According to the 2000 Census and Agency for Workforce Innovation, the unemployment rate in Page 5 of 7 .. 1"-- Agenda Item No, 16A9 January 25, 2005 Page 13 of 17 Immokalee was 12 percent in comparison to Collier County at 3.5 percent and the State of Florida at 3.6 percent. Currently, the top 3 industries in Immokalee are Agriculture at 30 percent, Construction at 13.5 percent and Retail and Services Trade at 19.8 percent. Therefore, the location of Genapol will provide diversification to the local economy by offering jobs in the Aviation/manufacturing sector and not seasonal jobs. The average wage of those jobs is estimated at $36,000 compared to the $15,600 average wage currently required to provide Collier County's assistance to Immokalee new/expanding businesses. Besides the creation of 80 jobs and diversifying the local economy, Genapol is laying down the ground work for additional ventures with Polish and American companies. In addition to providing the composite components for the Skytruck M38, Ross will initially be dedicating a portion of the Phase 1 building/hangar to house the SkyTruck aircraft company until SkyTruck builds their own facilities. Also, by cooperating with PZL Mielec and the Agency for Industrial Development in Poland (ARP) to promote Polish industry in the U.S., Genapol will receive the full support of the Polish government and their Commercial Office in Washington. 'Accordingly, Genapol is planning to invite many other Polish companies to tour the Florida Tradeport with the intention to make it a showcase to further draw Polish Industry to Collier County. Besides the QTI, the company is anticipating to apply for the Quick Response Training program. Immokalee has a great labor pool, although, training for the potential employees will need to be conducted to furnish the necessary skills in order for them to perform their job. 19. a) A brief review of the applicant's past activities in Florida and in øther states, particularly as they relate to environmental and growth management impacts and how these have been handled. (Basically, what kind of corporate citizen has the applicant been?) Mr. Art Ross has been instrumental in the recently approved partnership agreement between the Florida Tradeport and Poland's Industrial Development Agency. The purpose of this agreement is to strengthen trade, technology, investment and economic development in Poland and Florida, He has just recently returned to the US after living in Poland for many years. b) Any criminal or civil fines or penalties and any awards. (If yes, please explain) No 20. You may request that your project information (including the information contained in this application) be confidential per F.S. 288.075, Confidentiality of Records. X YES, we Request Confidentiality NO, we do not Request Confidentiality ****Be sure to attach proper incentive sheet(s)**** Effective 07/01/01 Revised 04·08-04 Page 6 of 7 --1 A pI ation completed by: " (Signature) Art Ross, PrincipaJ (Print or Type Name & Title) GenapoJ (Company) (841) 674-5404 (Phone Number) (841) 679-6501 (Fax Number) (Date) rfi@ç>nebox.com (E-mail Address) (Contact Person, if different) (E-mail Address If different) 1;/ (Address if different) (Phone If different) Effective 07/01/01 Revised 04-28-03 Reviewed 09/16/03 Agenda Item No. 16A9 January 25, 2005 Page 14 of 17 (Signature of Authorized Officer) To the best of my knowledge, the information included in this application is accurate. Art Ross (Print or Type Name of Authorized Officer) Principal (Print or Type Title of Authorìzed Officer) Genapol (Company) (8'%f 1) 674-5404 (Phone Number) (841) 679-6501 (Fax Number) (Date) rfi@onebox.com (E-mail Address) Page 7 of 7 'r- ... Agenda Item No. 16A9 January 25, 2005 Page 15 of 17 Qualified Target Industry Tax Refund as an attachment to the General Project Overview for Genapol (Name of Business) Must be a business unit or reporting unit of a business unit that is registered with or will be registered with the State of Florida for unemployment compensation purposes. (Project Code or Number) 1. IMPORT ANT NOTE: This application must be filed prior to making the decision to locate a new business unit in Florida or to expand an existing Florida business unit. The tax refund claim form will be due by January 31 si each year for the number of jobs on December 31 sf of the previous calendar year. The tax refunds paid per state fiscal year (July 1 - June 30) may not exceed 25 percent of the total tax refund award associated with the phase(s) scheduled. The total award will be equal to $3,000 ($6,000 in Enterprise Zones or Rural Counties) times the number of jobs report€d in item 2a), plus $1,000 per job if the average annual wage exceeds the area's average by 150% or $2,000 per job if the average annual wage is in excess of 200%. However, the aTI award may not exceed five times the local financial support paid by the community. 2. Project employment and wages: a) Total number of net new full-time equivalent Florida jobs created by the project at the business unit indicated on Overview: 80 jobs b) Are any employees being transferred from another Florida 10cation'?No If employees are being transferred from another Florida location(s), how many and from where?N/A If employees are being transferred from another Florida location(s), why are they moving and why is it justified in light of 288.1 06(2)(b)2 Florida Statute?N/ A c) If jobs are to be phased in, provide the date when each phase of employment will be fully implemented: (Please Urnit the phases to no more than three consecutive years and job creation to no less than ten jobs in any given year.) Phase I Number of net new full-time equivalent Date by which those jobs Florida jobs created in business unit' will be created I 20 12/31/06 II 20 12/31/07 III 40 12/31/08 TOTAL 80 , Existing Florida employees cannot be included for consideration in certain incentive awards. Florida Statute. 288.106 (2)(b) specifically prohibits the awarding of QTI in connection with any project that involves moving jobs from one Florida community to another except given very specific. clearty demonstrated, circumstances. 3 Must be a minimum of 10 new jobs or a 10 percent increase (whichever is greater) in existing employment, unless the project is located in a rural community or Enterprise Zone Revised 04/21/03 Page 1 of 2 ~.,.;. ,:,J;' ,".'. . . , , 3. For purposes of certification, agreement, and claim review, indicate the wage and corresponding threshold (percentage) to which you commit: Agenda Item No. 16A9 January 25, 2005 Page 16 of 17 a) $36.000 b) $ c) $ which is at least 115% of the 2003 average wage of $ (year) 30.998 in Collier Countx which is 150% of the (year) average wage of $ in which is 200% of the (year) average wage of $ in (Enter the name of the county, MSA. or "Florida") 4. Amount of "Local Financial Support" identified by local governing body $ 96.000 Type of Support Cash Ad Valorem Tax Abatement' Land Grant by Local Governing Body' Waived'.2 Amount of Support $ 96,000 $ $ $ 1 Refund paid to Business unit will be reduced by this amount. 2 Only available in Rural Counties. (Attach the resolution adopted by the local goveming body recommending the applicant be approved as a aTI Business unit and indicating the level of local financial support that has been committed. Clearly indicate waivers requested and justification for such waiver.) PLEASE BE SURE TO ATTACH TO THE GENERAL PROJECT OVERVIEW. Signature of individual completing this portion (If different from General Overview) Date Address If Different) Phone Signature of Authorized Officer Date Please print or type name of Authorized Officer Revised 04/21/03 Reviewed 09/16/03 Page 2 of 2 ~:"""""''''< ;,.'""..,-~ \"......,? ::::7$.,;,. "......"'~" .)-*""""', ,-w.'>.->i<" <: ':""" Agenda Item No. 16A9 January 25, 2005 Page 17 of 17 .;: EnterpÎišèiioìidá January 4, 2005 Arthur J. Ross, Principal Genapol 6414 North 8t. Louis Lincolnwood, IL 60715 Dear Mr. Ross: A request has been made by officials of Collier County for a non-binding opinion as to the eligibility of your company's project under the Qualified Target Industry (QTI) program. Enterprise Florida has reviewed your application and we have determined the following: 1. The project is eligible under the QTI program; and 2. The project is eligible for refunds up to $480,000 (including local match) This determination is based on Enterprise Florida's review of the project and the following: 1. The QTI award is vital to Genapol's decision to relocate its headquarters to the State of Florida; 2. The local community supports this project.; 3. Genapol will create 80 net new-to-Florida jobs at an average wage of $36,000 which is 115% of the average 2002 Collier County wage; and, 4. Genapol will invest an estimated $1.3 million in the construction of a new facility and equipment purchases. While this project is eligible for QTI tax refunds of up to $480,000, a final decision cannot be made until a completed application has been received and evaluated by the Governor's Office of Tourism trade and Economic Development. We look forward to continuing to work with you and your company to ensure the success of this project. If you have any questions about this opinion or the incentive application process, please do not hesitate to call me at (850) 488-6300. Sincerely, Patrick W. Kennedy Incentives Manager Ipwk cc: Wynnelle Wilson, Office of Tourism, Trade & Economic Development Monica Biondo, Collier County EDC Governor Jeb Bosh, Chairman Bill Habermeyer, Vice Chairman Darrell Kelley, Pr~ident 8. CEO The Atrium Building, Suite 201 . 325 John Knox Road· Tallahmee. Florida 32303 . T 850.488.6300 . F 850.922.9595 Agenda Item No. 16A10 January 25, 2005 Page 1 of 17 EXECUTIVE SUMMARY Recommendation to approve a Resolution supporting Advocate Aircraft Taxation Company as a qualified applicant in the Qualified Target Industry (QTI) Tax Refund Program and providing for an appropriation of $60,000 as a local participation match, punuant to Section 288.106, Florida Statutes OBJECTIVE: Approval of a Resolution supporting Advocate Aircraft Taxation Company (Advocate) as a qualified applicant in the QTI Tax Refund Program and providing for an appropriation of $60,000 as a local participation match, pursuant to Section 288.106, Florida Statutes, which will be paid in increments estimated to begin in Fiscal Year 2006 and end in Fiscal Year 2008. CONSIDERATIONS: The Qualified Target Industry (QTI) Tax Refund Program is a State incentive available to Florida Communities to encourage quality job growth in targeted high value-added businesses. In order to be eligible for the program, an applicant must meet certain specified program criteria, including type of industry, number of new jobs created, wage of the new jobs and the economic impact to the area to which the business is relocating/expanding. If approved, the applicant may receive refunds on the taxes it pays (i.e. corporate income taxes, insurance premium taxes, sales tax, etc [Section 288.106 (2)(c), F.S.]). (provided by Enretprise Florida, Inc.) "- An additional requirement for a company to be certified as a qualified target industry is "a resolution adopted by the governing board of the county or municipality in which the project will be located, which resolution recommends that certain types of businesses be approved as a qualified target industry business and states that the commitments of local financial support necessary for the target industry business exist" (Section. 288.106(3)(9), Florida Statutes). Florida Statute Section 288.106 (1)0) defines "Local financial support" as ''funding from local sources, public or private, which is paid to the Economic Development Trust Fund and which is equal to 20 percent of the annual tax refund for a qualified target industry business". Advocate Aircraft Taxation Company provides "aviation consulting relating to liability control including contractual and equity restructuring insurance and finqncial services to the aviation industry." Advocate intends to totally relocate their business nom their existing location in Indianapolis, Indiana to the Horseshoe Park of Commerce in Naples, Florida. This relocation will allow them to also expand their business by a minimum of sixty (60) additional positions. Advocate proposes to create sixty (60) new jobs by December 31, 2007, in Collier County at an average wage of $62,000, which is 200% of Collier County's 2003 average wage. The company is also proposing an initial capital investment of approximately $800,000. Advocate meets all program requirements of the QTI Tax Refund Program, and Enterprise Florida, Inc. has confinned with the Governor's Office of Tourism, Trade and Economic Development (OITED) that the Advocate Aircraft Company is eligible for QTI tax refunds, as specified in Section 288.106 (2)(c), up to $300,000, of which 20% ($60,000) will be provided by Collier County through a local match. This incentive award is calculated based upon the number of new jobs created and the ""'''..-.-....,,-.>.. Advocate Aircraft Page 2 Agenda Item No. 16A 10 January 25, 2005 Page 2 of 17 annual wage of the new jobs, as calculated by Enterprise Florida. Therefore, approval of this Resolution will help to promote the creation and retention of high wage jobs in Collier County. FISCAL IMPACT: The initial capital investment related to this project is estimated to be $800,000. In addition, the creation of the sixty (60) new jobs generates a local payroll of approximately $3,720,000 annually. The funding for this local match should be made available in the economic development section of the Financial Administration and Housing budget. Staff recommends that the funding for this incentive be budgeted in the following Fiscal Years, based on the year of job creation, as noted below: Fiscal Year 2006 - $20,000 Fiscal Year 2007 - $15,000 Fiscal Year 2008 - $25,000 The local match funding is to be paid to the Florida Economic Development Trust Fund with the stipulation that the funds are intended to represent the "local participation" required by Section 288.106, Florida Statutes. However, the necessary commitment of local financial support shall be contingent upon Advocate creating and maintaining the jobs during the life of the incentive, complying with all rules and guidelines of the specified program, and ensuring that its hiring practices are consistent with and reflect the diversity of the Collier County community. The Financial Administration and Housing Department and the Economic Development Council of Collier County have dual responsibility for job verification as well as monitoring program compliance. The yearly local match will be paid only after confirmation that the applicant had fulfilled the specified corresponding program requirements, as determined by Enterprise Florida. GROWTH MANAGEMENT IMP ACT: This application is consistent with the Economic Element of the Growth Management Plan, specifically Objective 1.3 that states: "Collier County will support programs which are designed to promote and encourage the recruitment of new industry as well as the expansion and retention of existing industries in order to diversify the County's economic base." Approval of this Resolution is also in accordance with the requirements of Florida Statutes Section 288.106. LEGAL CONSIDERATIONS: Approval of this Resolution is in accordance with the requirements Section 288.106, Florida Statutes, regarding the "tax refund program for qualified target industry businesses. " RECOMMENDATION: That the Board of County Commissioners approve a Resolution supporting Advocate Aircraft Taxation Company as a qualified applicant in the QTI Tax Refund Program and providing for an appropriation of $60,000 as a local participation match, pursuant to Section 288.106, Florida Statutes, which will be paid in increments estimated to begin in Fiscal Year 2006 and end in Fiscal Year 2008 and approve any related budget amendments that may be required. -, Prepared by: Amy Patterson, Impact Fee Manager, Financial Administration and Housing, CDES ""~"_'.."n_·,~"",'<_·' Item Numblr Item Summ.ry Mooting Doto Agenda itøm No. 16A10 January 25, 2005 PAgO 3 of 1"1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A10 Recommendation to apprOIJe a Resolution supporting Advocate Aircraft laxalion Company as a qualified applicant in the Qualifrl!d Target Industry (OTI) Tax RelUnd PI-ogl'DJT1 and providing ror 811 apprOprlatiDn of $60,000 a~ n local porticlpation rnotc~', pursuanlto SecHon 288.106, Florida Statutes 1/25/2005 9 00:00 AM Prepared By 1!f2J200S 9:.38:21 AM Amy Patterson Community DoItvoI!Ilopmcmt & Environmental Sft",îr:es Datl! hn~ct Fee Manager FinancÎal Admin. & HøuJ.lrtg Ollt«r Approved By Cotlllfance A, Jl)hnJt.)\'1 Ct.'mmunity De\lelopment & Envirorlmetltal SalVieS's Op~mtiQn.s. AnalYSlt Comlfluntw Dlt\l'elQPment & Environmenbitl Service~ Adlnin. 1/13/20059:02 AM Dnte Approved By Sandra Lea CmnnlUllity Ol'tvelopmlmf.\ EnvímlllTlontll1 S-ervicf!:"õ E,)C1tCtltïvn Scu~rolQry COITI,nuni1y DflVelctlUnent &. Ellvirl)nnu!Ot.u1 5.!'víl~S Admin. 1/13f2005 9:11 AM Date Approved By Patric.k G. White Coun1y Attorney Assistant County Attorney County Attorney Office 1113/200511:41 AM Dntl! Approved By Dltnt()n Bulwr Community DevelQpml!'nt & Envimnmtlrltlll Services F¡n;;tnciQ Admin &. HCllul¡ntJ Dínl'(:tut Financial Admin. & Houloh'9 1/13/2:00612:43 PM Date Approved By Jouph K. Schmitt Cumnumlty Op.vnloJ'Mftnt &. EnvínUllTllllntal ServkltlJS Community Dovo.opmcnt & Environmental Se-rviceø AdmlnG1rator COITI,"unity Qillv.lorunent & E'lvu'unnumtnl S,"'vÍt:41S Admin. 1/1".r2Q05 10:26 AM Date Approved By OMB CoordirH,tor County Man.ager's Office Adminit.tr.ati\l'e A'lis.Î'iitant Ortico of Managelflent & Budget t/14/2005 10:!l3 AM Dflt". Approved By Michaol SlTlykowskl County MSrI<I!lm'ö Offiel! MmHIgO'rnent & Budgtlt f)írC!ctor Offic., uf Môlnlll!l~ml!trlt &. Budtrt 1/14/20054:35 PM Date Approved By Jóllmes V. Mudd Bonrd of County Cornmi!Clliarrers County Manager County M3nager's; Office t/18/2D05 3:10 PM "._0_._'__.,....., Agenda Item No. 16A 10 January 25, 2005 Page 4 of 17 RESOLUTION NO. 2005-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA SUPPORTING ADVOCATE AIRCRAFT TAXATION COMPANY AS A QUALIFIED APPLICANT PURSUANT TO SECTION 288.106, FLORIDA STATUTES; PROVIDING AN APPROPRIATION OF $60,000 AS LOCAL PARTICIPATION IN THE QUALIFIED TARGET INDUSTRY (QTI) TAX REFUND PROGRAM FOR FISCAL YEARS 2006 THROUGH 2008; AND PROVIDING FORAN EFFECTIVE DATE. WHEREAS, Advocate Aircraft Taxation Company (Advocate), is an aviation consulting company providing liability control, accounting and other financial, scientific and technical services to the aviation industry that is being considered as an applicant for the Qualified Target Industry (QTI) tax refund program; and WHEREAS, it is the policy of the State of Florida and of Collier County to encourage the growth of high value-added employment and to enhance the County's economic base by providing incentives via tax refunds to qualified targeted industries which will create high-wage jobs; and WHEREAS, Advocate will create sixty (60) new jobs in Collier County over a three-year period and the wage for the new jobs win average $62,000, which is 200% of Collier County's 2003 average wage, which exceeds the minimum standard required by Section 288.106 (3)(b), F.S.; and WHEREAS, the Governor's Office of Tourism, Trade and Economic Development COTTED) requires applicants requesting certification as a qualified targeted industry businesses to provide a resolution, adopted by the Board of County Commissioners of the County in which the proposed project is to be located, that recommends that the target business be approved by OTTED as a qualified target industry and which commits local financial support for the target business; and WHEREAS, Enterprise Florida has confim1ed with OTTED that the Advocate A 1r,.......aft T...:Jv"JI1';"n rt"\."'Y\n~n" nr(,)1P~t 1C "thprU¡;cp pl;(T1h1p tAt' ()TT to:lV rpfnnt4co IIn t^ Agenda Item No. 16A10 January 25, 2005 Page 5 of 17 ,>-~ WHEREAS, authorizing a local matching financial incentive will provide an inducement for Advocate to locate in Collier County. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners hereby recommends Advocate be approved by OTTED as a Qualified Target Industry Business pursuant to Section 288.106, F.S.; and 2. If Advocate is approved by OTTED, then the County, having reviewed the public resources for local financial support has now detennined that the County can and should provide the necessary financial commitment to Advocate as a Qualified Targeted Industry Business such that the County's QTI Tax Refund Program as referenced in Code of Laws and Ordinances section 49-34, has funding available for a 20% local match to Advocate of up to $60,000; and 3. This amount will therefore be so encumbered, and be made available for future payments which are proposed to be made in the following increments: FY 2006 _ $20,000, FY 2007 - $15,000 and FY 2008 - $25,000, such that these monies are to be paid to the Florida Economic Development Trust Fund with the stipulation that the funds arc intended to represent the "local participation" required by Section 288.106, F.S.; and 4. The County's commitment of local financial support IS contingent upon Advocate: a. Creating and continuing to maintain the sixty high wage jobs during the life of the incentive; and b. Complying with all rules and guidelines of the specified program; and ~ H'nC'llr1n(y t h,..1 i- -ifC! h;nnn "r,=,~t;f'øc "Jir.oo oI"'l"\nC'10tÞ,..,t ul;fh ":I'MrI t".øf'1ø,...-t t""D. Agenda Item No. 16A 10 January 25, 2005 Page 6 of 17 THIS RESOLUTION is adopted after motion, second and majority vote favoring adoption this day of ,2005. ATTEST Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By By: Deputy Clerk Fred W. Coyle, Chairman Approved as to form and legal sufficiency: \.,~ Pa 'ck G. White, Assistant County Attorney Agenda Item No. 16A 10 January 25, 2005 Page 7 of 17 GENERAL PROJECT OVERVIEW Advocate Aircraft Taxation Company Name of Business Relocation of Headquarters to Naples Project Title (1-6 word description) FOR EFt USE ONLY Date Received Date Completed Project Number It is suggested that you contact Enterprise Florida at the below address to discuss your project and application before submitting a formal proposal The completed and signed application must be filed with: .. : .,"-' Effective 07101/01 Revised 04-08-04 Page 1 of 5 I' Agenda Item No. 16A10 January 25, 2005 Page 8 of 17 Eme!2Yer Identification BUSINESS INFORMATION: 1. a) Name of Business Unit: Advocate Aircraft Taxation Company b) Mailing Address: 9229 Delegates Row, Suite 245, Indianapolis. IN 46240 c) Name of Parent Company (if applicable): d) Primary business unit contact: Name:Mark J. Wright Title: Chief Operating Officer Company: Advocate Aircraft Taxation Company Address: 9229 Deleaates Row Suite. 245 Indianapolis. IN 46240 Phone: 317-581-4077 Fax: 317-531-4071 Email: markw@advocatetax.com Website: www.advocatetax.com e) Business unit's federal employer Identification number: pending f) Business unit's unemployment compensation identification number: pendina g) Business unit's Florida sales tax registration number: pending h) List NAtCS and SIC codes of all activities of the business unit: 541990 Targeted Industry: Coroorate Headauarters. Accounting & Other Professional. Scientific & Technical Services I) Describe the business unit's primary business activities/function: Aviation business. regulatory. and tax consulting 2. a) Is the business unit minority owned: YES --Ã. NO b) If YES, explain: 3. Business unit's tax year (ex: Jan. 1 - Dec. 31): 12/31 Project Identific~tion/l nformation 4. a) Is the business unit a (please choose one): A new business unit to Florida X An expansion of an existing Florida business unit b) If an expansion, how many Florida employees are currently in the expanding business unitU? 1 c) How many individuals are employed in ALL Florida locations? 1 t Existing Florida employees cannot be included for consideration in certaIn incentive awards. Z Incentives may not be used in connection with any project that involves the relocation of jobs from one Florida community to another. Effective 07/01/01 Page 2 of 6 Revised 04-08-04 , Agenda Item No. 16A 10 January 25, 2005 Page 9 of 17 Full project description: Transfer exlstlna headauarters from indianaDolis. indiana to Naples ooeration. Expand service line to aviation consultina relatino to liabilltv control includina contractual and eQuitv restructurina insurance and financial services to aviation Industrv. 5. Check the appropriate box and complete the line item: o Project's current location address: 200 Aviation Drive North: Naples Florida, 34104 ~ Project's proposed location address: Pendino The location is vet to be decided. based upon incentive approval and other £Q!!! 7. a) Located on Brownfield Site or in a Brownfield Area? YES -1LNO (Pleas. attach a copy of the official document that d.slgnated this area a brownf1.ld area.) b) Will project be locating or expanding In an Enterprise Zone? YES _X_ NO Which Zone: c) Will project be locating In a designated rural area? YES X NO Which designated rural area: 8. County in which project is/will be located: Collier Countv 9. Please check the box that best defines your project. Answer a) AND b), If applicable: a) -X. Multistate business enterprise b)D Regional headquarters office o Multinational business enterprise ....! National headquarters office o International headquarters office 10. Please esUmate percentage of gross receipts or final sales resulting from this project that will be made outside of Florida: 60 % 11. Indicate the portion of the project (If anv) that will be performing non-headquarters functions. Enter the industry description and code of each industry Included In this project: ~ Business unit Activities 5-6 digit NAICS Code 4 digit SIC Code 12. List the 5-6 digit NAICS or 4 digit SIC code(s), estimated employment, and the annualized average wage (not Including benefits) for activities included In the project: NAICS/SIC 541990 Est. Employment 60 Annualized Wage $ 62,000 NAICS/SIC Est. Employment Annualized Wage $ NAICS/SIC Est. Employment Annualized Wage $ Effective 07/01/01 Revised 04-QS..()4 Page 3 of 6 " Agenda Item No. 16A 10 January 25, 2005 .Page 10 of 17 13. a) Antic/øated annualized average wage (not including benefits) of the-new to Florida jobs created by the project at the business unit: $62.000 (Cash performance bonuses and other cash payments to the employees. such as overtime, should be Included. The anticipated wage reported here is only an ..tlmate of the average wag. to b. paid. The wage Indicated in response to an Incentive attachment, If appllcabkt. will be used In Ihe certification, agreement, and claim evaluation process.) b) Annualized average value of benefits associated with each new job created by the project at the business unit: $9,000 14. a) Describe the capital Investment in real and personal property (examples: construction of new facility; remodeling of facility; upgrading, replacing or buying new equipment. Do not include the value of land purchased for construction of a new building): Construction of new facilitv to relocate corporate headQuarters office b) List the anticipated amount (within three (3) years) and type (purchase of machinery/equipment, construction of buildings, etc.) of major capital investment to be made by the applicant In connection with this Florida project: Amount $ 800.000 Amount $ Amount $ 1.000,000 Total $ 1.800.000 ConstructionlRenovations Manufacturing Equipment Other Equipment c) Estimated square feet of new or newly expanded facility: 36.000 SQ.ft. 15. Anticipated date of beginning of construction for this project: December 2004 16. Anticipated date project will be in operation: Auaust 2005 Project Impact Information 17. What role will the incentive (or Incentives) play in the decision of the applicant to locate or expand in th is state? (If there are other states/communities competing for this project, please list which states/communities and what incentives are being offered by these states/communities.) As the company is firmly situated in Indiana, they could very well choose to leave their corporate headquarters there and simply add a few staff here. However, as the incentives offered by Florida and Collier County are very attractive, they are seriously looking at Florida. The long term costs of doing business is less here than in their current location (no personal income tax and lower corporate tax rates) which makes the long term costs of doing business more attractive here than in Indiana. Moving the headquarters here, means additional tax revenue for Florida and Collier County. much more so than simply adding one or two employees in this area. Leaving the HQ in Indiana would also leave the tax revenue in Indiana, as all financials would remain under the corporate headquarters. The incentives will help defray cost and encourage the relocation of the corporate headquarters to Collier County. The cost of doing business in Collier County is quite high. For instance. the impact fees to build a new facility of 36.000 sq. ft. for office use is close to $500,000. Effective 07101101 Page 4 of 6 Revised 04-08-04 Agenda Item No. 16A 10 January 25,2005 Page 11 of 17 Additionally, the cost of living is higher in Naples and the employee compensation will adjusted accordingly as the practice is national and there is no opportunity to raise fees to recapture the incremental costs. The State of Indiana offers competitive incentives such as the Economic Development For a growing Economy (EDGE) Credits, that can be used as an incentive by the company to maintain its location there. Without the QTI incentive, Advocate Aircraft Taxation will have to debate its the decision to relocate their corporate headquarters to Collier County, Florida. 18. Provide a brief synopsis on the special impacts the project Is expected to stimulate in the community, the state or regional economy, focusing on economic conditions in the area, including the unemployment rate in the community where the project will be located. Advocate Aircraft Taxation Company is a consulting firm that speciaJizes in assisting aircraft owners and operators in the acquisition of and maintaining of aircraft in a tax efficient manner consistent with Federal Aviation regulations, while controlling potential liability. The company employs certified public accountants, attorneys, and their respective support staff. in the delivery of these specialized services. The company has experienced significant growth in the last few years and presently has staff over 30 employees with payroll in excess of 52.000.000. The company is anticipating a total of 60 employees by December 31,2005, which will all be employed at the HQ office. If this company were to relocate Its' corporate headquarters will be investing $1,800,000 and will create 60 new jobs. in addition to an indirect eamings amount of $3,512,200 and will be creating 56 indirect jobs. 19. a) A brief review of the applicant's past activities In Florida and In other states, particularly as they relate to environmental and growth management impacts and how these have been handled. (Basically, what kind of corporate citizen has the applicant been?) Company is currently located in Indianapolis, IN. and is housed leased space. They have had no projects that impact either the environment or growth management. This planned project is for office space in an area that is already zoned for such uses, so no negative impact on environment or growth management plans. b) Any criminal or civil fines or penalties and any awards. (If yes, please explain) None 20. You may request that your project Information (including the information contained in this application) be confidential per F.S. 288.075, Confidentiality of Records. X YES, we Request Confidentiality NO, we do not Request Confidentiality - ****8e sure to attach proper incentive sheet(s)**** Effective 07/01/01 Page 5 of 6 Revised 04-08-04 '-'-'--""---' . ·.,~.~_o~.__ Agenda Item No. 16A 10 January 25, 2005 Page 12 of 17 '7l1a~ 97Z¥1/" ~Ignature) To the best of my knowledge. the infonnation included in this application is accurate. ~ .f~.'r ~ ~ / /(¿t-U[ \ ~-t- ur (Signature of A orlzed r) Application completed by: Mark J. Wright, COO Mark J. Wright, COO (Print or Type Name of Authorized OffIcer) (Print or Type Name & Title) Advocate Aircraft Taxation Company (Company) Advocate Aircraft Taxation Company (Company) 800-187-8112 800-787-8112 (Phone Number) (Phone Number) 317-6814011 (Fax Number) 311-581-4011 (Fax Number) .¿þt/ / tJ/ ?¿Jt) ý' (~)' / /1tJv 10, ;ZOO '/ (Date) , markw@advocatetax.com (E-mail Address) ma~dvocaœtæLcom (E-mail Address) Julie Wlnœrs (Contact Person, If different) jullew@advocatetax.com (E-mail Address If different) (Add..... if different) (Phone If different) Effective 07101101 Revised 04-28-03 Reviewed 09/16/03 Page 6 of 6 Agenda Item No. 16A 10 January 25, 2005 Page 13 of 17 Qualified Target Industry Tax Refund as an attachment to the General Project Overview for Advocate Aircraft Taxation ComDanv (Name of Business) Must be a bus/nus unit or repol1ing unit of. buaineu unit that is registered with or will be registered with the State of F/orldll for unemployment compensstlon purposu. (Project Code or Number) 1. IMPORTANT NOTE: This application must be filed Drior to making the decision to locate a new business unit in Florida or to expand an existing Florida business unit. . The tax refund claim form will be due by Januarv 31st each year for the number of jobs on December 31st of the previous calendar year. The tax refunds paid per state fiscal year (July 1 - June 30) may not exceed 25 percent of the total tax refund award associated with the phase(s) scheduled. The total award wiU be equãM. to $3,000 ($6,000 in Enterprise Zones or Rural Counties) times the number of jobs reported in item 2a), plus $1,000 per job if the average annual wage exceeds the area's average by 150% or $2,000 per job if the average annual wage is in excess of 200%. However, the aTI award may not exceed five times the local financial support paid by the community. 2. Project employment and wages: a) Total number of net new full-time equivalent Florida jobs created by the project at the business unit indicate~ ~n Overview: 60 iobs b) Are any employees being transferred from another Florida location'?No If employees are being transferred from another Florida location(s), how many and from where?N/A If employees are being transferred from another Florida location{s), why are they moving and why is it justified in light of 288.1 06(2)(b)2 Florida Statute?N/A c) If jobs are to be phased in, provide the date when each phase of employment will be fully implemented: (Please limit the phases to no more than three consecutive years and job creation to no less than ten jobs In any given year.) Phase Number of net new full-tíme equivalent Date by which those jobs Florida jobs created in business unit3 will be created I 20 12/31/05 11 15 12/31/06 III 25 12/31/07 TOTAL 60 I Existing Florida employees cannot be included for consideration In certain incentive awards. ¡ Florida Statute. 288.106 (2)(b) specifically prohibits the awarding of aTI in connection with any project that involves moving jobs from one Florida community to another except given very specific. clearty demonstrated. drcumstances. 3 Must be a minimum of 10 new jobs or a 10 percent increase (whichever is greater) in existing employment. unless the project is located in a rural community or Enterprise Zone. Revised 04121/03 Page 1 of2 <--.-..-- Agenda Item No. 16A10 January 25, 2005 Page 14 of 17 3. For purposes of certification, agreement. and claim review, indicate the wage and corresponding threshold (percentage) to which you commit: a) $ b) $ which is at least 115% of the average wage of $ (year) in which is 150% of the average wage of $ in (year) c) $62.000 which is 200% of the 2003 average wage of $30.998 in Collier County (year) (Enter the name of the county. MSA, or "Florida") 4. Amount of "Local Financial Support" identified by local governing body $ 60.000 Type of Support Cash Ad Valorem Tax Abatement' Land Grant by Local Governing Bodt Waived1.2 Amount of Support $ 60,000 $ $ $ 1 Refund paid to Business unit will be reduced by this amount 2 Only available in Rural Counties. (Attach the resolution adopted by the local governing body recommending the applicant be approved as a aTI Business unit and indicating the level of local financial support that has been committed. Clearly Indicate waivers requested and justiflcation- for such waiver.) PLEASE BE SURE TO ATTACH TO THE GENERAL PROJECT OVERVIEW. Signature of individual completing this portion (If different from General OvelView) Date Address If Different) Phone '771 M·t[ 11(¡, ~:rk- Signature of Authorized Officer (/ II /tole:l- , Date IYl file I¿ t 11 ¡e I ~ /r-I Please print or type name of Authorized Officer Revised 04121/03 Reviewed 09/16/03 Page 2 of 2 - Agenda Item No. 16A 10 January 25, 2005 Page 15 of 17 TA~ AND FINANCIAL CONSULTA.'IT$ TO THE AVIATION INDUSTRY Tammie Nemecek Executive Director Economic Development Council of Collier County 3050 N. Horseshoe Drive, Suite 120 Naples, FL 34104 Dear Tammie: Advocate Aircraft Taxation is a consulting finn that specializes in assisting aircraft owners and operators in the acquisition of and maintaining aircraft in a tax efficient manner consistent with Federal Aviation Regulations, while controlling potential liability. The company employs certified public accountants, attorneys, and their respective support staff, in the delivery of these specialized services. The company is presènrty headquartered in Indianapolis, Indiana, and operates a satellite office from thè Naples Airport Authority's office building. . The companÿ has experienced significant growth in the last few years and presently has a staff of over 30 employees. We anticipate continued growth, if we relocate the headquarters, we are anticipating to create 60 jobs at $72,000 average wage. A potential move in the company's headquarters to Naples could occUr as early as June 30, 2005; however, reviewing the costs of doing business in Naples and land can limit us to not relocating the headquarters to your area. I urge you to consider our applications to participate in the state and local incentives. Should you have any questions, please contact me at 800-787-8112. Sincerely, I ~ ~?læ~¡L ft"~?1Ã Mark 1. Wright Chief Operating Officer ~ NARA Jt.", MEMSEIl A4f/(JCIl~ Airr:nrft Tø:ation Ct»npany Advocate Aircraft Taxation Company 9229 Delegates 1(ow . Suite 245 . Indianapolis, IN -16240 (800) 787-8112' Fax (317) 581-4071 200 Aviation Drive' Suite 2· Naples Municipal Airport. N.tples, FL 34104 (888) 325-1942 www.advocatetax.com .........01': = '\\T1ONAL Øl'SL'ESS .\tIATlO ISSOCIATlON. L\C. 2004-2005 EDC Board of Dindan Chairman Thomas E. Conrecode Vice President, Governmental Affairs Collier Enterprises, Ud. Chairman Elect Stephen L. Price President & Chief Executive Officer Florida Community Bank Immediate Past Chairman Adria D, Starkey Executive Vice President. Gvllcocst Region Wachovia Executive OÎreclor TalT'mle J. Nemecek Economic Development C"",nÓI of Collier Coun!y Vice PreJidenIs Todd E. Gates President Gates McVey David A. Hart Vice President. Governmental Relations wel Communities James A. Warnken Executive Vice President & Chief Financial Officer NCH Healtheare System, Inc. Directors Ron Albeit General Manager The Registry Resort & Club Brad Boa% Chief Financiol Officer Barron !=ollier Companies Buddy W. Brunker Public Affairs Sprint Carlos Dia% President & Chief Executive Officer Gulf Coast American Fabrication Coral E. Girardin Partner Girardin, Briant & Baldwin, LlC Richard C. Grant President Grant, Fridkin, Pearson. Alhan & Crown, P.A, Nicholas J, Healy, Jr. President Ave Moria University Scott S. Lowe Director of Finance/Controner Cleveland Oin;, Florida Hospital, Naples Timothy R. Parry Senior Voce President & General Counsel Health Management Associates, Inc. Dr. Richard Pegne!ter Dean, College of Business Florido Gulf Coent Uni"ersi!y Garr"" S. Richter President & Chief Executive Officer First National Bank of Florida Julie A. Schmelzle Senior Vice President Bonk of America Agenda Item No. 16A10 Janua Pa ._-..~¡ ::' _I.'!t-, " " ECONOMIC OMI.OPMENTr~ OFCOll' Jt NAPl ;R EVERClADES crTY . GOI.OEN GATE IMMOIW.Ee . MARCO ISlAND Monday, November 15, 2004 3050 No,*, Honeshoe Drive, Suite ' Naples. F10nda 341 04, l Phone: (239) 263-8\ Fox: 12391 263-6C Toll Free: 1.866.eNa~ e-mail: edc@eNaplesFlorido.c www,eNaplesFlorida.c< Patrick Kennedy Incentive Manager Enterprise Florida, Inc. 325 John Knox Road, The Atrium Building Tallahassee, Fl 32303 Dear Patrick, On behalf of Advocate Aircraft Taxation Company, I am submitting the Qualified Targeted Industry application for EFI's and OTTED's approvals. Advocate Aircraft Taxation Company is a full service aviation consulting firm staffed by highly competent, ethical Attorneys and Certified Public Accountants specializing in the business of general aviation. The company is looking to relocate its corporate headquarters from Indianapolis, Indiana to Naples, Florida. The relocation can benefit Collier County and the State of Florida as the company anticipates creating 60 jobs at an average wage of at least $62,000, which is double the average of the current Collier County's average wage, in a period of over 3 years. The QTI resolution will be presented to the Board of County Commissioners (BCC) on Tuesday, December 14, 2004. As soon as the resolution is issued, we will provide you with an official copy. If you have any questions about this project, please contact Monica Biondo, Incentives Coordinator at the EDC at 239.263.8989 ext. 104 or Monica(ã)eNaolesFlorida .com Thank you in advance for your consideration, Tammie Nem k Executive Director Economic Development Council of Collier County - ..- ....-. ...-, '-.......... .....-"t. - .-. -~ :::>", -- c .- "'-' c: -c} ........, ..... ~ "..;:..,.' . .,... "" , ". í'"C '1...':.) -".- ,,,-¡.:n,,: :~ ''':;:' 0 .-...::¡=: :'!""'~ "-" ¡ - --." - ' ø'~"', - :;,... ~ " Agenda Item No. 16A10 January 25,2005 Page 17 of 17 , ,·,r ,j Enterprise Florida November 8, 2004 Mark J. Wright, Chief Operating Officer Advocate Aircraft Taxation Company 9229 Delegates Row Suite 245 Indianapolis, IN 46240 Dear Mr. Wright: A request has been made by officials of Collier County for a non-binding opinion as to the eligibility of your company's project under the Qualified Target Industry (QTI) program. Enterprise Florida has reviewed your application and we have determined the following: 1. The project is eligible under the aTI program; and 2. The project is eligible for refunds up to $300,000 (including local match) This determination is based on Enterprise Florida's review of the project and the following: 1. The aTI award is vital to the Advocate Aircraft's decision to relocate its headquarters to the State of Florida; 2. The local community supports this project.; 3. Advocate Aircraft will create 60 net new-to-Florida jobs at an average wage of $61 ,988 which is 200% of the average 2002 Collier County wage; and, 4. Advocate Aircraft will invest an estimated $4.5 million in the construction of a new facility and équipment purchases. While this project is eligible for aTI tax refunds of up to $300,000, a final decision cannot be made until a completed application has been received and evaluated by the Govemor's Office of Tourism trade and Economic Development. We look forward to continuing to work with you and your company to ensure the success of this project. If you have any questions about this opinion or the incentive application process, please do not hesitate to call me at (850) 488-6300. Sincerely, ~*. l' ! "/ ~ "r~. nt i".". r~) /..,. ... (" f/-f ~ ::u Patrick W. Kennedy > Incentives Manager ...",........... / '-'" .-, "~ ; ',;"'·i" '1''1 "....,..; ',I "é ';";o'~;~~j'? Ipwk cc: Wynnelle Wilson, Office of Tourism, Trade & Economic Development Monica Biondo, Collier County EDC Governor Jeb Bush, Chairman 8m Habermeyer, Vice Chainmn Darrell KeUey, President & CEO m ..,.~_.,.,...._,~,...,...",.. ¥,__"....,._.~..._.. ...~...~. _.~..._...~.. _._...._._...ü,~..'___._m._......,"n"'.._"."..___"'~, .~~~",'n..'_,., m." __'_"._.' _____ ... ...".....".......,,_. ,',,'._~.,. The Atrium Building, Suite 201 . 325 John Knox Road' Tallahassee, Florida 32303 · T 850.488.6300 . F 850.922.9595 Agenda Item No. 1681 January 25, 2005 Page 1 of 2 .-- EXECUTIVE SUMMARY Recommendation to approve a Budget Amendment recognizing prior year revenue for funds recovered from vehicle accidents where County traffic signals and streetlights sustained damages ($78,738.98). Objective: To obtain Board approval of a Budget Amendment recognizing revenues collected as reimbursements for damages to County traffic signals and streetlights from traffic accidents. Considerations: The Traffic Operations Department and the Risk Management Department have established a process to invoice drivers who cause damage to County traffic signals and/or streetlights due to traffic accidents. In order to defray costs to repair traffic signal and streetlight equipment damaged due to traffic accidents, and to prevent budget shortfalls for routine repairs and maintenance of the traffic signal and streetlight systems, it is necessary to recognize prior year revenues. A similar request to recognize prior year revenues was granted by the Board of County Commissioners on June 22, 2004 (Item #16-B-4). Fiscal Impact: A Budget Amendment is needed to recognize additional revenue in the amount of$78,738.98 for damages to traffic signal and streetlight equipment to date. Funds are available in Transportation Services Fund (101) Revenue, and shall be moved into the Traffic Operations operating budget, to be divided evenly between Signal Repair and Maintenance and Streetlight Repair and Maintenance. Growth Management Impact: There is no Growth Management impact associated with tlùs Executive SUIl1II1aI)'. Recommendation: That the Board of County Commissioners recognize prior year revenues which represent remittance for damages to County traffic signals and streetlights, approve the necessary Budget Amendment in the amount of $78,738.98, and approve any subsequent Budget Amendment(s) during the current Fiscal Year 04/05 recognizing revenue for funds collected for damages to County traffic signals and streetlights. PREPARED BY: Sheila Convery, Senior Administrative Assistant, Date: January 4, 2005 Attachments: Budget Amendment '- I ransporuon ;)ervu:;es I ransponallon AOrrtJllISlraUOn III U/¿UUO 0;'1'0 r-IVI Approved By Robert W. Tipton, P.E. County Traffic Operations Engineer Date ,- Transportion Services Traffic Operations/ A TM 1/10/20055:57 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportion Services Transportation Services Admin. 1/11/20057:53 AM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 1/11/200511:02 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1/12/200511:52 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1/18/20052:02 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1/18/20055:43 PM Agenda Item No. 1682 January 25, 2005 Page 1 of 32 EXECUTIVE SUMMARY /,.,-... Recommendation to Approve the FY-2005 Transit Development Plan Update OBJECTIVE: To approve the FY 2005 Transit Development Plan (mp) Update. CONSIDERATION: In order to receive State Block Grant Funds for system operations, each transit agency must conduct an annual update of its five-year Transit Development Plan (mp). The 2005-2009 Collier County mp Update that is included as Attachment A outlines the progress that Collier Area Transit (CAT) has made in achieving the goals and objectives of the last "major" TDP update that was completed in 2002, and how it intends to meet those goals and objectives over the next five years. Important policies included in the attached draft involve increased coordination with LeeTran and closer coordination between the TDP and Comprehensive Pathways Plan, Long-Range Transportation Plan and other upcoming MPO planning activities. 0_' Attachment A also includes financial tables that compare existing and projected Federal, State and County funding with anticipated expenses during the horizon of the TDP. Table One illustrates revenue and expenditures if service remains unchanged, while Table Two quantifies future capital/operations expansion needs, such as the construction of a new transfer center and operations/maintenance facility. The Collier MPO endorsed the draft 2005-09 TDP Update at its December 9th meeting, with the understanding that financial table modifications would likely be made in response to comments received by FOOT and Collier County. It should be noted that Attachment A constitutes a "minor" TDP update. The MPO, with the assistance of CAT, will soon undertake a major TDP update that is now required to have a ten-year horizon. That major update must be submitted to the Florida Department of Transportation by July 1,2005. FISCAL IMP ACT: The TDP update includes an estimated budget for five years. Fixed-Route: The fixed-route budget for FY 2005 includes Federal and State funding totaling $2.495.045 and $2.051.894 from County gas and ad valorem tax funds. Collier County also receives $340.000 annually from farebox proceeds from CAT's passengers. The fixed-route system FY 2005 budget totals $4.886.939. Based on conservative future revenue projections through 2009 (assuming five percent annual increase in operating costs with flat revenues), the County's share ofCAT's annual capital and operating needs are projected to increase from $1.683.894 to $2.374.948 in FY 2009, $691.054 higher than current programmed County funding levels from gas or ad valorem taxes. The following annual funding variances are projected to begin in FY 2006, and are assumed to be offset with additional County gas tax, ad valorem tax and/or MSTD general fund revenue:i --- · FY 2006: $150,346 · FY 2007: $316,142 · FY 2008: $493,919 (with Marco Island Circulator being funded by County) · FY 2009: $691,054 (with Marco Island Circulator being funded by County) '-,....,·,_'..~_'~i'...~"·.,,·,·..·"...'~·," .." Agenda Item No. 1682 January 25, 2005 Page 2 of 32 Paratransit Services: FY 2005 operating and capital expenses total $2.309.092, with $717.600 of that amount being funded with County dollars. Fixed-route Expansion: Expansion needs during the next five years include the construction of new transfer and operations/maintenance facilities and staff for the new transfer facility. Anticipated costs of these expansion needs is approximately $6.6 million. GROWTH MANAGEMENT IMPACT: The draft TDP is consistent with Objective 12 of the Transportation Element of the Growth Management Plan. RECOMMENDATION: That the Collier County Board of County Commissioners approve the FY 2005 Transit Development Plan (TDP) Update. PREPARED BY: Charles Bannby, Principal Planner, Transportation Planning Department ,- Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportion Services Transportation Services Admin. 1/11/20057:52 AM - Approved By Traffic Operations and Alt Trans Modes Diane B. Flagg Director Date Transportion Services Traffic Operationsf ATM 1/11/2005 2:04 PM Approved By Sharon Newman Accounting Supervisor Date Transportíon Services Transportation Administration 1/11/20053:01 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 1f11/2005 3:34 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1/12/2005 11 :46 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1/14/20054:43 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1/17f2005 10:22 AM ,- c:: C - c.. .... c: Q) E C- o ~- c: Q) ::::J > o Q) uc ... 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Traffic Operations » Landscape ;; Pathways » Frequently Asked Questions ). Contact Us > Pubic Information ). Transportation Division Home > Blue Route 5 This route is a shuttte between ImmokaJee and Naples. Mon . Frl Wilson & L WIT Golden Gate Health Dept. 4:35 AM 5:05 AM 5:45 AM 2:35 PM 3:05 PM 3:45 PM 5:00 PM 5:30 PM 6:10 PM Wilson & Boston Ave. Golden Gate 5:50 AM 6:25 AM 3:50 PM 4:25 PM 6:15 PM 6:50 PM 9:15 AM 4:15 PM 9:50 AM 4;50 PM Saturday 8:00 AM 3:00 PM 8:30 AM 3;30 PM 9:10 AM 4:10 PM LWIT = Lorenzo Walker Institute of Technology Red 1A I Red 1B I Orange I Purple 3A Purple 38 I Green 4A I Green 4B I ~ I Yellow EXPRESS I Marco Circulator < Back to CAT Information View Map'ot Blue Route 5 > Home I Jobs Uslng Our Site I Contac1 Us I Disclaimer I Privacy Contact the webmasler for techllÌCaJ questions about oor web ¡¡Ue. Copyright C 2000 . 2004 Collier County Government. All Rights Reserved. Usage is licensed under the terms of the GNU Public License. Any other usage is strictly prohibitslI http://www.colliergoY.net/transadmin/atm/operations/blue.htm 10/12/2004 - -- '[" - -_._~.-.~ --- _.~- - -_.----~~~ Agenda Item No. 1682 January 25, 2005 Page 20 of 32 IG '_.'1 : ~¡'."'-".' ·,,:f Search Engine Powered by G00\119. - Select a De.partment .. ;¡;.,1 --- " . -~.. '..~ Emj1lo:;. C'C TRAFFIC OPERATIONS & ALTERNATIVE CAT Maps> Blue Route 5 TRANSPORT AnON MODES: LINKS _""~h.__~__·~,,···,~_"·.____.._......_~_____·~_""""~"'4'~........__.. ). Traffic & ATM - Home » CAT Bus » < Back to Bus Schedule Bom/i Avenue " M M o It ,II I- ,E [ II n NORTH '1("H' '( )''t'U!ONBlW., . '(3 ",,~,.,'" I~'~·' :: /:, "L , ._<> \: ~'v~ .' :"'...!-~, ~ ~':..' ..::,;",.' .'-' :,,' ", -' '., . - -..:~ .",' " . · .....,. W~¿R¡m¿~,·· ,.,~,:. ,~".,L"~; ';~,' Horne J Jobs I Using Our Site I Conlact Us I Disclaimer I Privacy Contact the webmaster lor technical questions about our web site, Copyright C 2000 . 2004 Comer County Govemment. All Rights Reserved. Usage is licensed under the terms of the GNU Public License. Any other usage is strictty prohlblta( http://www . coli iergov. netltransadmi n/atm/ opera ti ons/ cat! map _5bl ue.h tm 10/12/2004 1800 1700 1600 1500 1400 1300 1200 1150 1100 1050 1,000 950 900 850 800 750 700 ,,-... 850 800 550 500 450 400 350 300 250 200 150 100 " 50 0 COLLIER AREA TRANSIT JMMOKALEE SHUiTLE - BLUE OCT NOV DEC JAH FEB MAR APR MAY JUN JUL AUG SEP LEGEND TOTAl ~ 108 16 66 49 130 246 214 889 317 318 292 3G1 349 503 472 330 373 405 426 403 4495 6SS 518 693 843 475 485 572 606 518 660 915 869 7809 1,134 995 1,134 985 903 1,032 1,029 1,112 938 1.679 1.740 1,597 14,278 Agenda Item No. 1682 January 2q, 2005 Page 29 of 32 COLLIER AREA TRANSIT IMMOKALEE SHUTTLE - BLUE 1800 1700 1600 1500 1400 1300 1200 1150 1100 1050 1.000 950 900 850 80D 750 700 650 ðOO 550 500 450 400 350 300 250 200 150 100 50 o OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP LEGENO IDrdI 108 76 66 49 130 246 214 317 318 292 307 349 503 472 330 373 405 426 403 655 518 693 843 475 485 572 606 518 660 915 869 TOTAL 889 4495 1,134 995 1,134 985 903 1,032 1.029 1,112 938 1,679 1,740 1,597 14,278 7809 Agenda Item No. 1682 . January 25, 2005 Page 30 of 32 6000 5500 5000 4500 4000 3500 3000 2500 2000 LEGEND ~ Agenda Item No. 1682 January 25, 2005 Page 31 of 32 COLLIER AREA TRANSIT ROUTE 38 . PURPLE RT 1,400 13.000 12,000 11,000 10.000 9500 9000 8500 8000 7500 7000 6500 OCT NOV DEe JAN FEB MAR APR MAY JUN JUL AUG SEP TOTAl o o o 1,937 6,708 7,496 7,359 23,500 12,000 1',000 10,000 8000 7500 7000 6500 6000 5500 sooo 4500 4000 3500 3000 2500 2000 LEGEND ~. COLLIER AREA TRANSIT ROUTE 3A - PURPLE RT ',400 13,000 9500 9000 8500 OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP 1,808 2,459 3,308 3,873 4,124 4,810 4,724 5,937 6,055 6,380 7,001 7,612 8,580 7,682 7,899 7,109 7,890 7,714 - 6,156 9,089 8,729 8,877 9,531 8,956 9,785 9,610 9,669 9,436 9,940 9,655 9,962 12,077 1 t ,300 11,358 11,812 11,254 13,602 12,359 12,190 10,385 8,368 7,557 7,821 TOTAL 25,106 86,015 113,239 129,883 Agenda Item No. 1682 January 25, 2005 Page 32 of 32 Agenda Item No. 16B3 January 25, 2005 Page1of16 - EXECUTIVE SUMMARY Recommendation to authorize the Transportation Administrator or his designee to execute the attached Federal Transit Administration Section 5310 grant application and applicable documents, and to accept, on behalf of the County, any such grant awarded OBJECTIVE: To authorize the Transportation Administrator or his designee to execute the attached Federal Transit Administration (FTA) grant application and applicable documents. CONSIDERATION: FTA funds, which are to be used for the purchase of vehicles to provide transportation services to the elderly and disabled residents of Collier County, are made available each year through an application process administered by the Florida Department of Transportation (FOOT). The Local Coordinating Board (LCB) has requested that the Collier County BCC submit an application for this year's funds to purchase two vehicles. As a governmental entity, the BCC is eligible to file the grant application and to continue the public transportation service. "............ FISCAL IMPACT: The cost is estimated to be $130,000 for two (2) vehicles. If the grant request is approved, the source of funds will be $104,000 Federal, matched by $13,000 State and $13,000 local. The local share will be bUdgeted and programmed as part of the Transit Development Plan (TOP) Update in Fund 126 that will be incorporated in the Annual County Budget FY06. GROWTH MANAGEMENT IMPACT: Consistent with Objectives 10 and 12 of the Growth Management Plan. RECOMMENDATION: That the Board authorize the Transportation Administrator or his designee to execute the attached FTA Section 5310 grant application, revise and amend the FY 2005 grant and supporting documents, and approve any budget amendments necessary to receive these funds. Any decision to terminate or otherwise not accept the Grant shall require this Board's prior approval as an agenda item. Prepared by: Lisa Hendrickson, Senior Planner, Alternative Transportation Modes - I ransporuon ;>ervlces I nunc upera'tlonSI A IIVI 1/1 II¿UUO 1:I:UO AIVI Approved By Norm E. Feder, AICP Transportation Division Administrator Date ,,~ Transportion Services - Transportation Services Admin. 1/11/20059:37 AM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 1/11/200510:28 AM Approved By Traffic Operations and Alt Trans Modes Diane B. Flagg Director Date Transportion Services Traffic Operationsl A TM 1/11/20052:17 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 1/11/20053:45 PM Approved By Sharon Newman Accounting Supervisor Date Transportion Services Transportation Administration 1111/20053:47 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1/13/20059:12 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1/14/20052:13 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1/18/20054:37 PM Agenda Item No. 1683 January 25; 2005 Page 3 of 16 RESOLUTION NO. 2005,_ A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA. AUTHORIZING THE TRANSPORTATION SERVICES DIVISION ADMINISTRATOR OR HIS DESIGNEE TO APPLY FOR A FEDERAL TRANSIT AGENCY SECTION 5310 GRANT. TO REVISE AND EXECUTE ANY REQUIRED DOCUMENTATION, AND TO ACCEPT. ON BEHALF OF THE COUNTy, ANY SUCH GRANT AWARDED. WHEREAS, 49 U.S.c. 5310 authorizes the Secretary of Transportation to make grants and loans to local government authorities such as Col1ier County to help provide mass transportation services to meet the special needs of elderly individuals and individuals with disabilities; and WHEREAS. each year, through an application process administered by the Rorida Department of Transportation. the Collier County Transportation Disadvantaged program has obtained fund¡¡ that are used for the purchase of vehicles and for the provision of transponation services to the elderly and disabled residents of Collier County; and WHEREAS, the Collier County Local Coordinating Board (LCB) has requested that the Collier County Board of County Conunissioners apply this year for FT A 49 U.S.C. 5310 funds in order to purchase vehicles to transport the elderly and disabled residents of Collier County; and WHEREAS. the Board of County Commissioners of Collier County. Florida, has authority to apply for and accept grants from the Florida Department of Transportation as authorized by Chapter 341, Florida Statutes, and by the Federal Transit Administration Act of 1964, as amended. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners, Collier County. Florida, that: L The Collier County Transportation Services Division Administrator, or his designee, is hereby authorized to revise and execute any and all documents necessary to apply for the Federal Transit Administration Section 5310 Grant, including executing the Certification and Assurance to FDOT document. II copy of which documents are attached hereto, to approve any budget amendments necessary to receive these funds, and to accept these funds on behalf of the County. 2. Any decision to tenninate or otherwise not accept the Grant shall first require approval by the Board of County Commissioners as an agenda item. 3. This Resolution shaH be effective immediately upon signature by the Chairman. This Resolution adopted after motion, second and majority vote favoring same, this _day of . ,2005. ArrEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk , Chairman to form and DCY: '""""_"....,~,_.."ril~,;""",",',.""''';".'..L"''',''',''".,, Agenda Item No. 1683 January 25, 2005 Page 4 of 16 APPLICATION FOR 2. DATE SUBMITTED . Applicant Iden1f1ler . :DERAL ASSISTANCE 1. TYPE OF SUBMISSION: 3. DATE RECEIVED BY STATE Slate Application 1denlifier Ap¡¡!icatlon Pr[~rlClltion o Construction CooelruC1lon 4. DATE RECEIVED BY FEDERAL AGENCY Federal .Identifier Fxi Non-C0n8lructlon o NolI-COIlstnJctlon ,. T/ON Legal Name Collier County Board of Countv Commissioners Orpanlmtionat U1IÌI IAddrellS (give City, county, slate and zip code) Name ana telephone numÞer or person to be contacted on matters involving 2885 South Horseshoe Drive this appljcalion (give _e code) Naples. FI 34104 Lisa Hendrickson. Public Transportation Planner 1(239) 213-5686 ~. E.MPLOYER IDENTlJ'CATION 1'IUMBBR (!!IN) 7 TYPE OF APPUCANT (Inlor _"",rlltllettl' In bOX) [i] 51 9 610101015 5181 .0._ H. Ind_... School DilL B. C"""'Y 1. SLate COAtroUed wtituœ otHiøhcr l~lMi.nø C MuNoipal J. Pnvatc tin.i..'mity [8] D c...-.... 0 D.T.~'\ISb¡I K. rndlaa Tno. 1'..... JtevilJOR E.lntcrlilœ L mdi\;d\W P.lnlII1iIwúoipol M !'rOOt Otpni"''''' IrKc""'" ...... IPI"OIrio1< !çøer(.) in bo*) a Spec¡aJ Dimi,' N OIlIer esp'ClM ...._......ard B. Decrease AMId. C. In\:rcaaè Daualion D. Dem:=lte D.Ja1ioa 01IIcr (SpecIfy) 9. NAME. OF FEDERAL AGENCY FEDERAL TRANSIT ADMINISTRATION 10. CATALOG OF FEDERA~ DOMESTIC 12 01°1511131 11. D.SCRIPTIVIi TITL. OF APPLICANTS PROJECT ASSISTANCE t-IJMBER TITLE F_ T,.".,1__ _an ~'o"""""'" Purchase of two (2) replacement paratransit vehicles. <~"-' 2 AREAS AfFECTED PY PROIECT (cit.... ""'...... _ C1e.) Requested Federal funds this Grant $ 104,000 Collier County, Florida 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF SI.wt D... P.ndiøa Do" a. Applicant r' YfOJCCI 7/1/20051 613012006 14 14 15.I!STIMATEDFUNDINO J{,.IS ...PPLlCATION SU8.ŒCTTO REV1EW BY ST"'TE EXF.CUTlVEDJlDBR 12372 PROCf.SS' I Fede",1 $104,000 I. 'YES THIS PREAPPLlC....TION. APPLIC....TION WAS MADE AVAILABLE TO TIlE b ADDllcant STATE EXECUTIVE. ORDER 12372 PROCESS FOR REVIEW ON c. 51111 S 13,000 Date 1n1l20G4 . d. LøcaJ $ 13,000 b.NoD PROGRAM rs NOT COVERED BY EO 12J12 e_ other D OR PROGRAM HAS riOT BEEN SELECTl:D BY S7'A Tl: FOR REVIEW r. Pro"{$fn I""aml 11. ¡:; THE APP1.JÇA:NT DBLII'IQU£NT ON A':oIY FEDERAL DE.Sf' . TOTA~ $ 130.000 D. 1f'~YC$..1It1Idt IJI ~p1anatlon D 18. "0 THE BEST OF' MY KNOWlEDGE A~D BEliEF ALL DATA IN THIS APPLICATION PREPARATION ARE TRUE AND CORRECT. THE DOCUMENT H.l.S BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY 'MTH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED .. T ypod Name t>f Autborized llopreson1atM b Title c. ToIophooe numb... Norman Feder Transportation Administrator 239) 774-8192 d SJ(!IIIIure of .~udlorized R~""tali\" e. Date Signed (...... '~C'Viou.a Editions Not Uuble Authorized for Local Reproduction 2 6raodanlF""" 424 (RF.V ....111\) Pr.lCribod by OMB Cin;u1,u .0.-102 Agenda Item No. 1683 January 25, 2005 Page 5 of 16 TRANSPORTATION - RELATED OPERATING and ADMINISTRATIVE EXPENSES Name of Applicant : Collier County Board of County Commissioners Date Completed 12/1512004 Fiscal Period from 711/05 - 6/30/06 EXPENSE CATEGORY TOTAL EXPENSE Labor - (501) Fringe and Benefits (502) Services (503) Materials and SUDDlies (504) Vehicle Maintenance (504.01) Utilities (505) Insurance (506) License and Taxes (507) Purchased Transit Service "(508) $ 2,204,333 Miscellaneous (509) Leases and Rentals (512) Depreciation (513) Totals $2,204,333 3 OPERATING and ADMINISTRATIVE REVENUE Agenda Item No. 1683 January 25, 2005 Page 6 of 16 Name of Applicant Organization:Collier County Board of county Commissioners Date Completed 12/15/2004 OPERATING REVENUES Fiscal Period from 7/01/05 - 6/30/06 TOTAL REVENUE Passenger Fares for Transit Services T01.I- $144,976 TDIIII Rutlll=lb\ $52,191 Special Transit Fares (402) $234,777 School Bus Service Revenue (403) Freiaht Tarrlffs (444) Charter Service Revenues (405) Auxlllarv Transportation Revenues (406) Non- TransDOrtation revenues (407) Total Operating Revenues OTHER REVENUeS Taxes Levied directly by Transit System (408) Local Cash Grants and Reimbursements (409) $654,540 Local Special Fare Assistance (410) State Cash Cash Grants and Reimbursements (411) $1,045,027 State Special Fare Assistance (412) Federal Cash Grants and Reimbursements (413) $139,986 Interest Income (414) Contñbuted Services (430) Contributed Cash (431) Subsidy from other Sectors of Operations (440) Total of other Revenues GRAND TOTAL REVENUES $2,204,333 .._----~ MI.{')(.O CClO"- COO- .,-NO , -I"- O~ CD Z 0) E è:' ro CDro(L .....::J -c roro "C -, C CD 0) « ;! 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Agenda Item No. 1683 January 25, 2005 Page 8 of 16 CAPITAL REQUEST VEHICLE REQUEST Number Estimated FTA GMIS Code RorE Of Requested Options Cost Vehicles 25' wide body diesel buses with lift and 2 we positions 11. R 2 (in each) $ 130,000 11. 11. 11. 11. 11. Sub-Total 130,000 OTHER CAPITAL REQUEST Estimated FT A GMIS Code Quantity Brief Description Cost 11. 11. 11. 11. 11. 11. OTHER CAPITAL SUBTOTAL VEHICLE SUBTOTAL $ X 80% = Federal Request $ 130,000 + OTHER CAPITAL SUBTOTALS 104,000 o .... $130,000 Agenda Item No. 1683 January 25, 2005 Page 9 of 16 FY 2005 Grant application, 5310 EXHIBIT A: Current System Description: FTA - 5310 On April 1, 1999 the Local Coordinating Board recommended that the Collier County Board of County Commissioners (BCC) be named the CTC on an interim basis and recommended that the day to' day coordination activities be carrier out by intelitran. This. a~angement was approved.by the County on April 2, 1999, and approved by the CommIssIon for the Transportation Disadvantaged on April 6, 1999. On April 14, 1999 after the LCB recommended that the BCC be designated the CTC on a pennanent basis, the Planning Agency commenced a request for proposals for a management entity. Through that effort, intelitran was recommended to serve as the management entity on June 22, 1999. The BCC directed that the CTC enter into contract negotiations with intelitran. On August 3, 1999, the BCC voted to accept the responsibility of the Community Transportation Coordinator on a permanent basis. Currently, the CTC provides transportation services to the general public through its' management entity intelitranl A TC Paratransit. Service is available seven days per week, 24 hours per day. All service is provided by contracted operators. Service is door to door. Drivers will assist anyone who appears to need assistance, especially the frail and elderly and those who are mentally or physically disabled, from their door to their seat on the vehicle. Drivers will not go into a home and cannot go to rooms of nursing homes or hospitals due to time constraints and liability issues. Office hours are from 7:00 a.m. to 5:30 p.m. Monday through Friday. After hours calls are forwarded to one of the contracted carriers who have actual operations twenty- four hours per day. AU available funds will be used to carry out the mISSIOn of the Collier County Local Coordinating Board, which is to carry out a coordinated, and comprehensive approach to planning, developing and providing transportation services that meet the needs of transportation disadvantaged persons. It is estimated that over 122,028 one-way trips will be provided during the current fiscal year. Fares for the general public will be the same as other passenger fares. As mentioned above, service is managed by a contracted management company, ATC. Service is provided by carriers under contract to A TC Paratransit using vehicles owned by the county and by the carriers. Currently, the provider operates 14 routes and provides back up service with additional vehicles. The County currently leases all 5310 vehicles to A TC Paratransit. A TC Paratransit leases the vehicles to their contractors. All maintenance is perfonned by Collier County Fleet Management. Safety is a primary concern of all transportation entities. Our current vehicle inventory is supplied elsewhere in this grant application. As can be seen, many of the vehicles presently in the Collier TD Fleet have high mileage on them. The CTC would like to be able to replace two vehicles. Agenda Item No. 1683 January 25, 2005 Required for Section 531 ° Page 10 of 16 EXHIBIT A·1 DATA INFORMATION FACT SHEET PART 1 - For Section 5310 Applicants Only Type of Service Existing If Grant Is Awarded 1 Number of one-way passenger trips provided to elderly and persons With disabilities (E&D):** Year 67 ,965 67,965 2 Number of individual E&D persons Served: (Unduplicated):" Year 1,062 1,062 3 Percentage of E&D needing wheelchair positions: Avg. 8,835 8,835 4 Number of vehicles to provide service: Avg. 30 30 5 Number of ambulatory seats: Avg. 299 299 6 Number of wheelchair positions: Avg. 33 33 7 Vehicle miles traveled: Per Year 743,593 743,593 8 Avg. Vehicle Miles per day 2,888 2,888 9 Normal number of days in operation per week: 6 6 10 Normal hours of vehicle operation per day: 10 10 11 Average trip length: 10.94 10.94 .. Estimates are acceptable ** See page 50 for definition of one-way passenger trip. Agenda Item No. 1683 January 25, 2005 Page 11 of 16 EXHIBIT B: Proposed Project DescriptioD.: FTA - 5310 The Collier County Board of County Commissioners is requesting FT A Section 5310 funds in the amount of $104,000 (80%). State match funds in the amount of $13,000 (10%) will also be requested. This wiU be matched with local funds in the amount of $13,000. Funds from this grant will be used to purchase replacement vehicles to continue the existing level of service. The vehicles scheduled for replacement have exceeded their useful life and must be replaced if nonnal service is to continue. These and other vehicles will be used to provide transportation services throughout the county. The vehicles will be leased to providers under contract. Maintenance of these vehicles will be perfonned by the Collier County Management Department. Section 5310 funding for these vehicles is essential if service is to continue. Collier County currently provides over $750,000 each year to provide paratransit service. The current fleet of vehicles is inadequate due to their age and condition. If this grant is not approved, Collier County may be forced to use some of the Local Operating funds to purchase replacement vehicles. If this happens, trips will be reduced and many passengers may not have access to medical, shopping and other life sustaining transportation. A Budget is provided elsewhere in the grant application. 10 Collier County Government Communication & Customer Relations Department 3301 East Tamiami Trail Naples, FL 34112 Contact: Sandra Arnold-Lawson Public Information Coordinator (239) 774-8308 Jan. 6,2005 FOR IMMEDIATE RELEASE NOTICE OF PUBLIC HEARING All interested parties within Collier County are hereby advised that the Collier County Board of Commissioners is applying to the Florida Department of Transportation for a capital grant under Section 5310 of the Federal Transit Act of 1991, as amended, for the purchase of two (2) lift- equipped Body-on-Chasis buses to be used for the provision of public transit services within Collier County. The estimated cost of each vehicle is between $48,000 and $65,000. A public hearing has been scheduled on Friday, Jan. 21 at 9 a.m. at the Alternative Transportation Modes Department, located at 2885 South Horseshoe Drive, for the purpose of advising all interested parties of service being contemplated if grant funds are awarded, and to ensure that contemplated services would not represent a duplication of current or proposed services provided by existing transit or para-transit operators in the area. This hearing will only be·conducted if, and only if, a written request for a hearing is received by two days prior to the scheduled hearing. Requests for a hearing must be addressed to Public Transportation Planner Lisa Hendrickson, Transportation Division, 2885 South Horseshoe Drive, Naples, FL 34104 and a copy sent to Public Transportation Manager John Starling, Florida Department of Transportation - District One, P.O. Box 1249,801 N. Broadway, # 110, Bartow, FL 33830-1249. For more information, call Lisa Hendrickson at 213-5889. - End- -~._-~ ~ Agenda Item No. 1683 January 25, 2005 Page 13 of 16 Exhibit F - Federal Certifications and Assurances Agenda Item No. 16B3 January 25, 2005 Page 14 of 16 FEDERALFY 2005 CERTIFICATIONS AND ASSURANCES FOR FT A ASSISTANCE Name of Applicant: CoJlier County Board of County Commissioners The Applicant agrees to comply with appUca~le req~ire~e~ts of ~a~e~ories I . X,v. (The Applicant may make this selectIOn III heu oflDdlVldual selections below.) x OR The Applicant agrees to comply with tbe applicable requirements ofthe ronowing categories it bas selected: I. Certifications and Assurances Required of Each Applicant. II. Lobbying Certification III. Effects on Private Mass Transportation Companies IV. Public Hearing Certification for a Project with Substantial Impacts V. Certification for the Purchase of Rolling Stock VI. Bus Testing Certification. VII. Charter Service Agreement. VIII. School Transportation Agreement. IX. Certification for Demand Responsive Service X. Substance Abuse Certifications XI. Certification for a Project Involving Financing Costs XII. Certifications for the Urba.n.jzed Area Fonnula Program and the Job Access and Reverse Commute Program XIII. Certifications for the Elderly and Persons with Disabilities Program XIV. Certifications for the Nonurbanized Area Formula Program XV. Certifications for the State Infrastructure Bank (SIB) Program (Both sides of this Signature Page must be appropriately completed and signed where indicated.) Appendix A Agenda Item No. 1683 January 25, 2005 Page 15 of 16 EXHIBIT H APPLICANT CERTIFICATION AND ASSURANCE TO FDOT To be comnleted and sie:ned bv an individual authorized bv the 2overnin2 board of the applicant ae:encv and subroitted with the e:rant application. The Collier County BeC certifies and assures to the Florida Department of Transportation in regard to its Application for Assistance under 49 V.S.C. Section 5310 dated January 25, 2005 1) It shall adhere to aU Certifications and Assurances made to the federal government in its Application. 2) It shall comply with Section 341.051 Florida Statutes and Chapter 14-73 Florida Administrative Code. 3) It has the fiscal and managerial capability and legal authority to file the application. 4) Local matching funds will be available to purchase vehicles/equipment at the time an order is placed. 5) It will carry adequate insurance to maintain, repair, or replace project vehicles/equipment in the even of loss or damage due to an accident or casualty. 6) It will maintain project vehicles/equipment in good working order for the useful life of vehicles/ equi pment. 7) It will return project vehic1es/equipment to the Department if, for any reason, they are no longer needed or used for the purpose intended. 8) It recognized the Department's authority to remove vehicles/equipment from its premises, at no cost to the Department, if the Department detennines the vehicles/equipment are not used for the purpose intended, improperly maintained, uninsured, or operated unsafely. 9) It will not enter into any lease of project vehicles/equipment or contract for transportation services with any third party without prior Mitten approval of the Department. . 10) It will notify the Department within 24 hours of any accident or casualty involving project vehicles/equipment, and submit related reports as requiIed by the Department. 11) It will submit an annual fInancial audit report to the Department, if required by the Department. Signatur~ Date: Norman Feder. Transportation Administrator Typed name and title Agenda Item No. 1683 January 25, 2005 Page 16 of 16 Appendix A FEDERAL FISCAL YEAR 200S IT A CERTlFICA nONS AND ASSURANCES Required of all Applicants for FT A assistance and aJl FT A Grantees with an active capital or formula proj ect Name of Applicant: Collier County Board ofCountv Commissioners Name and Relationship of Authorized Representative: NOIman E. Feder BY SIGNING BELOW I, Norman E. Feder, on behalf of the Applicant, declare that the Applicant has duly authorized me to make these certifications and assurances and bind the Applicant's compliance. Thus, the Applicant agrees to comply with all Federal statutes, regulations, executive orders, and administrative guidance required for each app1ication it makes to the Federal Transit AdmÌ11istration (FTA) in Federal Fiscal Year 2005. FT A intends that the certifications and assurances the Applicant selects on the other side of this document, as representative of the certifications and assurances in Appendix A, should apply, as required, to each project for which the Applicant seeks now, or may ]ater, seek FT A assistance during Federal Fiscal Year 2005. The Applicant affirms the truthfulness and accuracy of the certifications and assurances it has made in the statements submitted herein with this document and any other submission made to FTA, and acknow]edges that the provisions of the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. 3801 et seq~, as implemented by U.S. DOT regulations, "Program Fraud Civil Remedies," 49 CFR part 31 apply to any certification, assurance or submission made to FTA. The criminal fraud provisions of 18 V.S.C. 1001 apply to any certification, assurance, or submission made in connection with the Urbanized Area Formula Program, 49 V.S.C. 5307, and may apply to any other certification, assurance, or submission made in connection with any other program administered by FT A. In signing this document, 1 declare Wlder penalties ofperjury that the foregoing certifications and assurances, and any other statements made by me on behalf oftbe Applicant are true and correct. Signature Date: Name: Norman E.Feder Authorized Representative of Applicant AFFIRMATION OF APPLICANT'S ATIORNEY for Collier County Board ofCountv Commissioners (Name of Applicant) As the undersigned legal counsel for the above named Applicant, I hereby affirm to the Applicant that it has authority under state and local law to make and comply with the certifications and assurances as indicated on the foregoing pages. I further affnm th.at, in my opinion, the certifications and assurances have been legally made and constitute legal and binding obligations on the Applicant. I further affinn to the Applicant that, to the best of my knowledge, there is no legislation or litigation pending or imminent that 'ght dversely affect the validity of these certifications and assurances, or of the performance of the project. Furthe ore i become aware of circumstances that change the accuracy oftbe foregoing statements, 1 will notify the i promptly, which may so inform FT A. ,- Signature Name: Jeffre KI Applicant's Attorney ElICh Applicant for F A fi cia! assistance (except 49 U.S.c. S312(b) assistance) and each ITA Grantee with an active capital or formula project must provide an A ey's affirmation of the Applicælt's legaJ capacity. The Applicant may enter its Pl!\ number in lieu of the electronic signature of its Attorney, pro 'ded the ApplicW1t hIlS on me this Affirmation of its Attorney dated this Federal flsca! yeW'. Date: \ ') J /1) loJ.f Agenda Item No. 1684 January 25, 2005 Page 1 of 20 EXECUTIVE SUMMARY Recommendation to acquire Board approval to sign and execute a Local Agency Program (LAP) Supplemental Agreement between Collier County and the Florida Department of Transportation (FDOT) for sidewalk construction along County Road 29 in Everglades City. OBJECTIVE: A recommendation to acquire Board approval to execute a supplemental agreement to an existing Local Agency Program agreement between Collier County and the Florida Department of Transportation to formally modify the termini of the sidewalk to be constructed along County Road 29 in Everglades City. CONSIDERATION: Collier County entered into a LAP agreement with the Florida Department of Transportation on March 12, 2004 to design and construct a sidewalk along County Road 29 from the Barron River to the traffic circle at Copeland in Everglades City. Because a pathway currently exists over the Barron River bridge and terminates at Begonia Street, the supplemental agreement formally changes the beginning of the sidewalk from Barron River to Begonia Street. The LAP agreement will pay for a sidewalk to be constructed that will connect to the existing path and continue on to the traffic circle at Copeland. FISCAL IMPACT: The supplemental agreement does not change funding provided through the original agreement. Funds in the amount of $208,180 are for design and sidewalk construction (Gas Tax Fund, Project Number 690812). GROWTH MANAGEMENT IMPACT: This request is consistent with the Collier County Growth Management Plan (Consistent with Objective 4 of the Transportation Element of the Growth Management Plan). RECOMMENDATION: That the Board approve the execution of the Local Agency Program Supplemental Agreement between Collier County and the Florida Department of Transportation. Prepared By: Mindy Lee Collier, Pathway Project Manager, Alternative Transportation Modes .~.-., I ransporllon ;:¡ervlces ranspon:auon ,:,ervlces Aornm. I ¿/¿O/¿.UU'+ '+:U:1. I""IYI Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 12/29/20042:08 PM Approved By Traffic Operations and Alt Trans Modes Diane B. Flagg Director Date Transportion Services Traffic Operations/ ATM 1/10/2005 12:30 PM Approved By Sharon Newman Accounting Supervisor Date Transportion Services Transportation Administration 1/11/20054:02 PM Approved By Pat Lehnhard Executíve Secretary Date Transportation Services Transportation Services Admin 1/11/20054:46 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1/12/2005 11 :43 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 1/13/20059:29 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1/14/20058:43 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1/18/20058:36 AM '·."";'"""i;;"""""",,,·..,~,,,,,,.,,,...,,_",;"",",,,,;,,,,,.,,,",""..,,,,,,,,,,,"""',,;."',,,,,,,,..,,,, Agenda Item No. 1684 January 25, 2005 Page 3 of 20 RESOLUTION NO. 2005- A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING A LOCAL AGENCY PROGRAM SUPPLEMENTAL AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE CONSTRUCfION OF A SIDEWALK AND BICYCLE LANES IN EVERGLADES CITY, AND AUTHORIZING ITS EXECUTION. WHEREAS, in keeping with Resolution No. 2004-42. the State of Florida Department of Transportation (FDOT) and Collier County entered into a Local Agency Program Agreement ("Agreement") dated March 12, 2004, wherein FOOT agreed to reimburse Collier County up to the sum of $208,180 for the design and construction of sidewalk and bike lanes in Everglades City along CR 29 from the Barron River Bridge south to the Traffic Circle at Copeland; and WHEREAS, a paved path currently exists from the Barron River Bridge to Begonia Street, thus necessitating a modification of the Agreement so that FDOT would agree to reimburse Collier County up to the sum of $208,180 for the design and construction of sidewalk and bike lanes in Everglades City along CR 29 from Begonia Street to the Traffic Circle at Copeland; and WHEREAS, FDOT requires the County enter into Local Agency Program Supplemental Agreement No. PM 404677-1 ("Supplemental Agreement") to modify the original Agreement; and WHEREAS, this Supplemental Agreement is in the best interests of the citizens of Collier County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that; The Board of County Commissioners approves, and authorizes its Chairman to sign, the attached Supplemental Agreement. A certified copy of this Resolution will be forwarded by the Collier County Clerk to FOOT along with the executed Supplemental Agreement. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same, this _ day of , 2005. A TrEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: DONNA FIALA, Chairman , Deputy Clerk . ciency: Agenda Item No. 1684 January 2~QQj PROJ MaT, RE~&~~ 02101 f'8Q81of2 I~PLEMENTAL NO. STATe Of FLORIDA DEPARTMEIfT.OF TRANSPORTATION FIN NO. LOCAL AGENCY PROGRAM 404677-1 I v\J1 SUPPLEMI!NT AL CONTRACT NO. AGREEMENT AN J53 P The County of Collier desires to supplement the original agreement entered into and executed on 3/1212004 AU provisions in the original agreement and supplements. if any. remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: PROJECT DESCRIPTION Name Sidewalkslbike lanes Length Termini CR.29 from Barron River to the traffic circle at Copeland Description of Work: Installation of sidewalks along CR 29 from the Barron River Bridge south to the traffic circle at Cope1and. In addition, the project involves painting out bike lanes along Copeland. Reaaon for Supplement See Attachment Page 1. FUNDING TYPE OF WORK (1) (2) (3) (4) (5) PREVIOUS TOTAL ADDITIONAL CURRENT TOTAL TOTAL AGENCY TOTAL FEDERAL PROJECT FUNDS PROJECT PROJECT FUNDS FUNDS a. Agency Work b. Other c. Department Services d. Total PE Cost Estimate (8 + b + c) Right-of-Way e. Agency Work f. Other g. Department Services h. Total RMJ Estimate (8 +f+g) Construction i. Contract j. other k. Other I. Other rn. Total Contract Costs (i+j+k+1) Construction Engineering n. Agency o. Other p. Department Forces q. Total Engineering (n+o+p) r. Total Construction Cost Estimate (m + Q) _. s. TOTAL COST OF THE I PROJECT (d + h + r) Agenda Item No. 1684 January 25, 2005 P age ~st4fó¥ì ATTACHMEIlT PAGE 1 Reason for Supplement: The termini and the description of work need to be modified. The new termini will be CR 29 from Begonia to the traffic circle at Copeland. And, the new description of work will be changed to "...along CR 29 from Begonia south to the traffic circle at Copeland. In addition, the project involve painting out bike lanes along Copeland." No funding changes are needed. Agenda Item No. 1684 January 25, 2005 Page &c¡¡ó~& PROJ MOT, RESEARCH & D£V OFC 02101 P811& 2 of 2 ,- IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written, AGENCY By: Title SoCC Chairman or Designee STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Title Director of Transportation Development Attest: Attest: Title Cieri< Title Executive Secretary Date: Date: As to form: As to form: Attorney District Attorney See attached Encumbrance Form for date of funding approval by Comptroller Agenda Item No, 1684 January 25, 2005 Page 7 of 20 Stete of Florida Department of Tl"ll"llportatlon LOCAL AGENCY PROGRAM AGREEMENT S2$0104) CONSTRUCTION OQC. 111D3 P...1 vf12 FPN No404677-1 Fund: 5E FLAIR Approp; Federal No: 1531 004 P Org. Code: 55014010106 . FLAIR Obj.: FPN No. Fund: FLAIR Approp: Federal No: Org. Code: FLAIR ObJ.: County No. 03 Contract No: If N J.1 ð Vendor No.: F5960005581 02 Catalog of Federal Domestic AssIstance (CFDA): 20.205 Highway Planning and Construction THIS AGREEMENT, made and entered into this /2r4- . day of rn 1lYt-'- t .2 00 y' by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION. an 8Qency of the State of Florida, hereinafter catted the Department, and Collier County: Attn: Finance Dept.: 2671 Airport Rd.. Naples. FL 34112 hereinafter called the Agency. WIT N E SSE T H: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction Including the Implementation 'of an Integrated and balanced transportation system and Is authorized under Section 334.044, Florida Statutes to enter into this Agreement; NOW, THEREFORE, In consideration of the mutual covenants, promises and representations herein, the parties agree 8S follows: 1.00 Purpose of Agreement: The purpose of this Agreement ìs to provide for the Department's participation In Sidewalk and as further described In exhibit "Aft attached hereto and by this reference made a part hereof, hereinafter called the project, and to provide departmental financial assistance to the Agency and state the terms and conditions upon which such assistance win be provided and the understandings as to the manner In which the project will be undertaken and completed. 1.01 Modifications and Additions: Exhlbit(s) A & B are attached hereto and by this reference made a part hereof. 2.00 Accomplishment of the Project: 2.01 General Requirements: The Agency shall commence, and complete the project 8S described In EXHIBIT "A" wIth all practical dispatch, in a sound, economIcal, and efficient mamier, and In accordance with the provisions herein, and all applloable laws. The project will be performed In accordance with all appl1cable Department procedures, guidelines, manuals, standards, and directives as described In the Department's Local Agency Program Manual, which by this reference Is made a part hereof as If fully set forth herein. A full time employee of the Agency, qualified to ensure that the work being pursued Is complete, accurate. and consistent wtth the terms, conditions, and specifications of this Agreement shall be In charge of each project. 2.02 Expiration of Agreement The Agency agrees to complete the project on or before 0613012005 If the Agency does not 'complete the project within this time period, this Agreement will expire on the last day of scheduled completion as provIded In this paragraph unless an extension of the time period is requested by the Agency and granted in wn'tlng by the Department prior to the expiration of the Agreement. Expiration of this Agreement will be considered termination of the project. The cost of any worK performed after the explratJon date of the Agreement will not be reimbursed by the Department. 2.03 Pursuant to Federal, State. and Local Law: In the event that any election, referendum, approval, pennlt, notice, or other proceeding or authorization Is requisite under applicable law to enable the Agency to enter Into thIs Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions ofthe Agreement, the Agency wllllnltJate and consummate, as provided by law, all actions necessary wIth respect. to any such matters so requisite. 2.04 Funds ofthe Agency: The Agency shall Initiate and prosecute to completion all proceedings necessary, inctudtng Federal-aid requirements, to enable the Agency to provide the necessary funds for completion of the project. ^' ~;;c.;,"'¡''';'';"''~'''"'''"~'''''''''''"''_'''"'''_''''_~¡¡'¡¡"'¡O¡¡UU""",..,,;;,,;*,..""" Agenda Item No. 1684 Janu~~ OOc. 111œ ÞIIte :z of 12 ~5 Su~lssion of Proceedings, Contracts, ..nd Other Doct.nnants: The Agency shall submit to the Department .:h .data, reports, records, contracts, and other documents relating to the project as the Department and the Federal Highway Administration may require. . 3.00 Project Cost: 3.01 Total Cost: The estimated total cost of the project Is $ 208,180.00. . This amount Is baed upon the schedule of funding In exhibit "5" attached hereto and by this reference made a part hereof. The Agency agrees to bear all expenses In excess of the total cost of the project and any deficits Involved. The schedule of fundl~.i_~ be modl~~ bY.!!I!rt.ual ag~~e~t as provided for in paragraph 4.0~~~fthIS agreement. .---.-.---.---- 3.02 Department Participation: The Department agrees to participate, Including contingencies, In the project cost to the extent provided in Exhibit "B". this amount includes Federa..ald funds which are limited to the actual amount of Federal-a 1d participation. 3.03 Umtts on Department Funds: Project costs eligible for Department participation will be allowed only from the date of this Agreement. It Is understood that Department participation In eligIble project costs Is subject to.: a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduted b) Availabitlty of funds as stated In paragraphs 3.04 and 3.05 of this Agreement; c) Approval of aU plans, specifications, contracts or other obligating documen1s and all other terms of this Agreement; d) Department approval of the project Bcope and budget at the t1me approprlàtlon authority becomes ava1lable. 3.04 AppropriatIon of Funds: The Department's performance, and obligation to pay under this Agreement Is contingent ....Jpon an annual appropriation by the LegIslature. If the Department's fundIng for this project Is In multiple fiscal years, nds approval from the Department's Comptroller must be received each fiscal year prior to costs being Incurred. See ahlblt B for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement if Incurred prlorto funds approval being received. The Department win notify the Agency, In writIng, when funds are available. 3.06 Multi-Year Commitment: In the event this Agreement Is In excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby Incorporated: "The department, during any flscat year, shall not expend money, incur any liability, or enter Into any contract which, by Its tenns, Involves the expenditure of money In excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made In violation of this subsection Is null and void, and no money may be paId on such contract. The department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the servtees to be rendered or agreed to be paid for In succeeding fiscal years, and this paragraph shall be Incorporated verbatim in all contracts of the Department which are for an amount In excess of $25,000 and which have a tenn for a period of more than 1 year." 3.06 Notice to Proceed: No cost may be Incurred under this contract until the Agency has received a Notice to Proceed from the Department. 3.07 LImits on Federal Participation: Federal-aid funds shall not participate In any cost which Is not Incurred in conformity with applicable federal and state law, the regulations In 23 C.F.R. and 49 C.F.R., and policies and procedures prescribed by the Division AdmInistrator ofthe Federal Highway Administration (FHWA). Federal funds shall not be paid on account of any cost Incurred prior to authorization by the FHWA to the Department to proceed with the project or part thereof invoMng such cost. {23 CFR 1.9 (a». If FHWA or the Department determInes that any amount claimed is not eligible, federal participation may be approved In the amount determined to be adequately supported, the Department ,-t;hal1 notify the Agency In writing citing the reasons why Items and amounts are not eligible for Federal participation. Vhere correctable non-compllance with provisions of law or FHWA requirements exists, federal funds may be withheld until compliance is obtained. \lVhere non-compliance Is not correctable, FHWA or the Department may deny participation 1n parcel or project costs in part or In total. Agenda Item No. 1684 January 2W005 Paae ~ CONB'TRUCT1OH OQC. 1 tlO3 p.g.Sal12 For any amounts determined to be Ineligible for federal reimbursement for which ttie Department has advanced payment the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice. ' .4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a project schedule of funding, shaD be -prepared by the Agency and approved -by the .Department. The Agency shall· maintain ~ald schedule· of funding, cany out the project and shall Incur obligations against and make disbursements of project funds only In confonnlty with the latest approved s~u1eof fUAdin;..for th~.P.~l!ct. The sœeduleJ)f..fi.lJ:1dLIJ.gJn~J.~_f!~sed by mutual written agreement between.. ~~ Ç>epart~~~t~.~J!!.~ A9.e.~cy.' If revised, a copy of the revision shouìd 1Xnorwarded to the Department's Comptroßer and to the Department's Federal-Alé Program Office. No increase or decrease shalt be effective unless It complies with fund participation requfrements·'SStablished in Exhibit "B" of this Agreement and Is approved by the Department's Comptroller. 5.00 Records: 5.01 Establishment and Maintenance of Accounting Records: Records of costs Incurred under tenns of this Agreement shaD be maintained and made available upon request to the Department at all times during the period of this Agreement and for five(5) years after final payment is made. Copies ofthese documents and records shall be furnished to the Department upon request. Records of costs Incurred Includes the Agency's general accounting records and the project records, together with supporting documents and records, of the Agency and all subcontractors performing work on the project and all other records of the Agency and subcontractors considered necessary by the Department for a proper audit of com. If any litigation, claim. or audit is started before the expiration of the five(5) year period, the records shall be retained until alllltlgatJon, claims, or audit findings Involving the records have been resolved. 6.02 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs In excess of the latest approved schedule of funding or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 5.03 Documentation of Project Costs: All costs charged to the project. Including any approved services contributed by the Agency or others, shan be supported by properly executed payrolls, time records, Invoices, contracts or vouchers evidencing in properdetatl the nature and propriety of the charges. 5.04 Audit Reports: Recipients of Federal and State funds are to have audits done annually using the following criteria: Federal awards are to be identlf1ed using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency.,·StBte awards wlU be ldentJfled using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the awarding State Agency. In the event that 8 recipient expends $300,000 or more in federal awards In Its fiscal year, the recipient must have a single or program specific audit conducted In accordance with the United States Office of Management and BUdget (OMB) Circular A·133. If a recipient expends less than $300,000 In federal awards during Its fiscal year. an audit conducted In accordance with the OMS Circular A-133 Is not requlrèd. If a recipient expends less than $300,000 In federal awards during its fIScal year and elects to have an audit conducted in accordance with OMS Circular A-133. the cost of the audit must be paid from non-federal funds. Reporting Packages and management fetters generated from audits conducted in accordance with OMB Circular A-133 shall be submitted to the awarding FOOT office, by the recipient, within 30 days of receiving It. The aforementioned Items are to be received by the appropriate FDOT office no later than 9 months after the end of the recipient's fiscal year. Agenda Item No. 16B4 Janua~~ Pa ~ . .11103 PIIge 04 Of 12 -e recipient shall follow up and take corrective action on BUdlt findings. Preparation of a summary schedule of prior year JIt findings, including corrective action and current status of the ludltfindlng Is requIred. Current Year audit findings require corrective action and status of finding. Records related to unresolved audit findings, appeals, or t1tIgatlon shall be retained until the action is completed or the dispute is resolved. Access to project records and audit wor1<. papers shall be given to the FOOT, the Comptrol1er, and the Office of the Auditor General. The recipient shall submit required aucflt documentation as follows: A Reporting Package and Data COllection Form for each audit conducted In accordance with OMB Circular A·133 shall be sent to: Federal Audit Clearinghouse Bureau of the Census 1201 East 1 Oth Street Jefferson, IN 47132 5.0Slnspection: The Agency shall permit, andshat! require Its contractors to permit, the Oepartment's authorized representatives and authorized agents ofthe Federal Highway Administration to Inspect all work, workmanshIp, mater1als, payrolls, records and to audit the books, records and accounts pertaining to the financing and development of the project. . .Ie Department reserves the right to unilaterally cancel this Agreement for refusa1 by the Agency or any contractor, sub- contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida statutes, and made or received In conjunction with this Agreement. (Section 287.0SB(1)(c), Florida Statutes} 6.06 Unlfonn Relocation Assistance and Real Property Statistical Report: For any project requiring additional right of way, the Agency must submit to the Department an annual report of Its real property acquisition and relocation assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through September 30. The report must be prepared using the format prescribed in 49 CFR 24, Appendix B and be submitted to the Department no later than October 15 each year. . 6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses Incurred shall be submitted In detan sufficient for a proper pre-audit' and post-audit thereof. (Section 287.058(1 )(a), Aortda Statutes) All recipients of funds from this agreement, Including those contracted by the Agency, must submit bills for any travel expenses, when authorized by the tenns ofthls agreement, In accordance with Section 112.061 Florida Statutes and Chapter 3- Travel of the Dèpartrnent's Disbursement OperatIons Manual, Topic 350..030-400. (Section 287.058(1)(b), Florida Statutes) . If, after project completion, any claim Is made by the Department resulting from an audit or forwork or services performed pursuant to thIs Agreement, the Department may offset suoh amount from payments due for work or services done under _any agreement whloh It has with the Agency owing suCh amount If, upon demand, payment of the amount Is not made ,lthin sixty (60) days to the Department. Offsetting any amount pursuant to this sectIon shall not be considered a breach of contract by the Department. Agenda Item No. 1684 January 2,Y~ Pa~y~~ ooc . 11103 PII. Ii 0112 1.00 The Departmenfs Obligations: Subject to other provisions hereof, the Department will honor requests for reimbursement to the Agency in amounts and at times deemed by the Department to be proper to ensure the canylng out ofthe project and payment ofthe.ellglble costs. However, notwithstanding any other provision of this Agreement, the Department may elect, by notice In writing, not to make 8 payment if: 7.01 Misrepresentation: The Agency shan have made misrepresentation of a material natura In its application. or any supplement thereto or amendment thereof, or In or with respect to any document or data furnished therewith -or pursuant hereto; 7,02 Utigatlon: There is then pending litigation with respect to the perfonnance by the Agency of any of Its duties or obligations which may]eoparcUze or adversely affect the project, this Agreement or payments to the project; 1.03 Approval by Department: The Agency shan have taken any acUon pertaining to the project, which under this Agreement, requires the approval of the Department or has made related expenditure or Incurred related obligations without having been advised by the Department that same are approved; 7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein in 12.06; or 7.05 Default: The Agency has been determined by the Department to be in default under any of the provlsloris of the Agreement. 7.06 Federa. Participation: The Department may suspend or terminate payment for that portion of the project which the FHWA, or the Department acting in lieu of the FHWA, may designate 85 Ineligible for federal-ald. 7.07 Dlsal10wed Costs: In determining the amount of the payment, the Department will exclude all project costs incurred - by the Agency prior to the effective date ofthls Agreement or the date of authorization, costs Incurred after the expIration ofthe Agreement, costs which are not provided for In the latest-approved schedule of funding forthe project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved In writIng, by the Department. - 7.08 Final Invoices: The Agency must submit the final Invoice on the project to the Department within one hundred twenty {120} days after the completion of the project. Invoices submitted after the one hundred twenty (120) day time period may not be paid. 8.00 Tennlnation or Suspension of Project: 8.01 Termination or SuspensIon Generally: The Department may, by written notice to the Agency, suspend any or all of its obligations under thIs Agreement until such time as the event or conditIon resulting In such suspension has ceased or been COlTected, or the Department may terminate this Agreement In whole or in part at any time the interest of the Department requires such termination. If the Department determines that the performance of the Agency Is not satisfactory, the Department shall have the option of (a) Immediately terminating this Agreement or (b) suspending this Agreement and noUfylngthe Agency of the deficiency with a requirement that the deficiency be COtTected within a speclt1ed time, otherwise the Agreement will be terminated at the end of such time. SuspensIon of the contract will not affect the time period for completion of this Agreement. If the Department requIres teliTlination of this Agreement for reasons other than unsatisfactory perfonnance of the Agency, the Department shall notify the Agency of such termination, with instructions as to the effective date of termination or specify the stage ofworX at which this Agreement Is terminated. If this Agreement Is terminated before performance Is completed, the Agency shall be paid for the work satisfactorily performed. Payment is to be on the basis of substantiated costs. 8.02 Action Subsequent to Notice of Tennlnation or Suspension. Upon receipt of any final termination or suspension notice under thIS paragraph, the Agency shall proceed promptly to carry out the actions required therein whIch may include any or all of the following: (a) necessary action to terminate or suspend, 8S the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (b) furnish a statement of the project activIties and contracts, and other undertakings the cost of which are otherwise includable as project costs. The termination or suspension shall be carried out In conformity with the latest schedule, plan, and costs approved by the Department or upon the basis of terms and conditions , . Agenda Item No. 16B4 Januar.L2~ Pa9'è""!~~ _ OGC.11103 imposed by the Department upon the failure of the Agency to fumlshthe schedule, plan, alid estimate wIthIn a rea:;~~bì: ·-'e. The closing out of federal financial participation In the project shall not constitute a waiver of any claim which the jpartment may otherwise have arisIng out ofthls Agreement. 9.00 Contracts of the Agency: 9.01 Third Party Agreements: except as otherwise authorized In writing by the Department, the Agency shall not execute any contract or obflgate Itself in any manner requiring the disbursement of Department funds, Including consultant or construction contracts or amendments thereto, with any thIrd party with respect to the project without the written approval of the Department. Fanure to obtain such approval shall be sufficIent cause for nonpayment by the Department. The Department specifically reserves unto Itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. 9.02 Compliance with Consultants' Competitive NegotIation Act: .It is understood and agreed by the parties hereto that participatIon by the Department In a project with an Agency~ where said project Involves a consultant contract for engineering, architecture or surveying services, Is contingent on the Agency complying in full with provisions of Sectlon 287.055, Florida statutes, Consuftants Competitive Negotiation Act. At the discretion of the Department, the Agency will Involve the Department In the Consultant Selection Process for all projects. In all cases, the Agency's attorney shan certify to the Department that selection has been accomplished In compliance with the Consultants' Competitive Negotiation Act. 10.00 Disadvantaged Business EnterprIse (DBE) poncy and Obligation: 10.01 DBE Policy: It Is the poUcy ofthe Department that disadvantaged busIness enterprises, as defined tn 49 C.F.R. Part 28, as amended. shall have the opportunity to participate In the performance of contracts financed In whole or In part with Department funds under this Agreement. The DBE requirements of applicable federal and state regulations apply to this Aareement. ....d.0.02 DBE Obligation: The Agency and Its contractors agree to ensure that Disadvantaged Business Enterprises as ¡fined In applicable federal and state regulations, have the opportunity to participate in the performance of contracts and tnls Agreement. In this regard, all recipients and contractors shall take an necessary and reasonable steps In accordance with applicable federal and state regulations, to ensure that the Disadvantaged Business Enterprises have the opportunity to compete for and perform contracts. The Agency shall not discriminate on the basis of race, color, national origin or sex In the award and. perfonnance of Department assIsted contra~. 10.03 Disadvantaged Business EnterprIse (DBE) Obligations: If Federal Transit Admlnfstratlon or FHWA Funding is a part of this project, the Agency must comply with applicable federal and state regulations. 11.00 Certification Regarding Debannent, Suspension, Ineligibility. and Voluntary Exclusion (Applicable to all federal...id contracts - 41 CFR 29) By signing and submitting this Agreement, the Agency Is providing the certification set out below: The Inability of the Agency to provide the certification set out below will not necessarily result In denial of participation In this covered transaction. The Agency shall submit an explanation of why It cannot provide the certificatlon set out below. The certification or explanation will be considered in connection with the Department's determination whether to enter Into thIs transaction. However, faHure of the Agency to fumlsh B certification or an explanation shall d~qua1ify the Agency from participation In this transaction. The certification In this clause Is a material representation of fact upon which reßance was placed when the Department determIned to enter into this transaction. if It Is later detennlned that the Agency knowingly rendered an erroneous certification, In addition to other remedies available, the Department may telTT1lnate this transactIon for cause of default. The Agency shall provide Immediate written notice to the Department if any time the Agency learns that its certificatIon was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms ·covered "debarred" ·suspended: Ineligible,· "lower tier covered transaction,· ·particlpant,· ·person," primary covered transaction,· _·principal,· ·proposal,· and "voluntarily excluded,· as used in this clause, have the meanings set out In the Definitions and ~overage sections of Nles implementing Executive Order 12549. Contact the Department for assIstance in obtaining a ~py of those regulations. Agenda Item No. 1684 January 2~ Pa!M~~ 0Gc.11m Paae 7 GI,2 . The Agency further agrees by executlngthls Agreement that It shall not knowingly enter Into any contrasts with a person who Is debarred, suspended, decfared Inenglble, or voluntar1fy excluded from participation In this covered transaction unless authorized by the Department ' The Agency further agrees by submitting this Agreement that Itwlllinctude the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary exclusion-Lower 11er Covered Transaction: provided by the Department, without mOdiflcatJon, in all contracts and In all solicitations for contracts. The Agency may rely upon a certification of a prospective sub-contractor that the person or entity Is not debarred, suspended, Ineligible. or voluntarily excluded from the covered transaction, unless it knows that the certification Is em>neous. The Agency may decide the method and frequency by whIch It detemines the eligibility of Its· sub-contractors. The Agency may, but Is not required to, check the nonprocurement portion of the -Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs- (Nonprocurement List) which Is complied by the General Services Administration. . Nothing contained in the foregoing shall be construed to require· establishment of a system of records In order to render in good faith the certification required by this clause. The knowledge and information of the Agency Is not required to exceed that which Is normally processed by a prudent person In the onnnary course of business dealings. Unless authorized by the Department, If the Agency knowingly enters Into a contract with a person who Is suspended, debarred, ineligible. or voluntarUy excluded from participation In this transaction, In addition to other remedies available, the Department may terminate this agreement for cause or default. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion: The Agency certifies, by execution of this Agreement, that neither it nor Its principals Is presently debarred, suspended, proposed for debarment, declared Ineligible, or voJuntarlly excluded from partIcipation In this transaction by any Federal department or agency. Where the Agency Is unable to certify to any of the statements above, an explanation shall be attached to this ~~ . 12.00 Restrictions, Prohibitions, Controls, and Labor ProvIsions: 12.01 Equal Employment OpportunIty: In connection with the peñormance of any project, the Agency shall not discriminate against any employee or applicant for employment because of race. age, religion, color, sex, national origin, disability or marital status. The Agency will take amrmatlve action to ensure that applicants are employed ~nd that employees are treated during employment without regard to their face, age, relJglon, color, gender, national origIn, disabmty or marital status. Such action shall Include, but not be nmlted to, the fonowIng: employment upgrading, demotion, or transfer; recruitment or recruItment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeshIp. The Agency shall Insert the foregoIng provision In aU contracts modlfted only to show the particular contractual relationship in all Its contracts In connection with the development of operation of the project, except contracts for the standard commercial supplies or raw materials. and shall require all such contractors to Insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. V\lhenthe project Involves installation, construction, demolition, removal, site Improvement, or simllar work, the Agency shall post, In conspicuous places available to employees and applicants for employment for project work. notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 12.02 T1tJe VI - Civil Rights Act of 1964: The Agency wlH comply with all the requirements imposed by TItle VI of the CMI Rights Act of 1964 (42 V.S.C. 2000d), the Regulations of the Federal Department of Transportation Issued thereunder, and the assurance by the Agency pursuant thereto. The Agency shall Include provisions In all contracts with third parties that ensure compliance with TItle VI of the CMI Rights Act of 1964, 49 C.F.R., Part 21, and related statutes and regutations. 12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as Imposed by the ADA, the regulations ofthe federal government issued thereunder, and assurance by the Agency pursuant thereto. Agenda Item No. 1684 Jan~~a OGIC -11103 . ,. "'10'12 øA4.M Public EntIty Crime: A person or affiliate who has been:placed on the convicted vendor list following 8 conviction a public entity crime may not submit a bid on a contract to provide any goods or ser:vfces to a public entity, may not submit a bid on a contract with a public entity for the constNctlon or repair of a public buildIng or public work, may not submit bIds on leases of real property to a public entity; may not be awarded or perform work as s contractor, supplier, subcontractor, or consultant under a contract wIth sny public entity; and may not transact business with any public entity In excess of the threshold amount provided In Section 287.017, Florida Statutes for CATEGORY TWO for s period of 36 months from the date of being placed on the convicted vendor list. 12.05 Dls£rlmlnatlon: In accordance with Section 287.134, Florida statutes, an entity or amJiate who has been placed on the Discriminatory Vendor List, maintained by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity forthe construction OT repaIr of a public buildIng or public work; may not submit bids on leases of real property to a public entity; may not be awardecfor perform work as a contractor, suppl1er, subcontractor, or consultant under a contract with any·· . public entity; and may not transact busIness with any publIC entity. 12.06 Prohibited Interests: Neither the Agency nor any of Its contractors or their subcontractors, shall enter Into any : contract, subcontract, or arrangement In connection with the project or any property Included or planned to be Included In the project in which any member, otncer, or employee of the Ag.ency orthe locality during his tenure, or for two years thereafter, has any Interest, direct. or Indirect, If any such present or former member, officer, or employee Involuntarily acquires or had acquired any such Interest prior to the beginning of his tenure, and If such Interest Is Immediately disclosed to the Agency, the Agency with prior approval of the Department may waive the prohibition contained In this subsection, provided, that any such present member, omcer or. employee shall not participate In any action by the Agency or the locality relating to such contract, subcontract, or alT8ngement. The Agency shan Insert in a/l contracts entered Into In connectlQn wfth the project or any property Included or planned to be included In any project, and shall require Its contractors to Insert In each of It's subcontracts, the following provision: "No member, officer or employee of the Agency or of the locality duringh1s tenure, or for two yeaTS thereafter, shan have any interest, direct or Indirect, In·thls contract or the proceeds thereof,- The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal deposftorles, or to any agreement for utility services the rates for which ant fixed or controlled by a governmental agency, 12.07 Interest of Members of or Delegate to, Congress: No member of or delegate to the Congress ofthe United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 13.00 Miscellaneous Provisions: 13.01 Environmental Regulations: 111e Agency will be solely.responslble for compliance with all applicable . environmental regula1Jons and for any /lability arising from non-compliance with these regulatIons and will reimburse the Department for any loss Incurred In connection therewith. The Agency will be responsible for secul1ng any applicable pennlts. 13.02 Department Not Ob1igated to ThIrd Parties:. The Department shall not be obligated or nable hereunderto any . party other than the Agency. 13.03 When Rights and Remed1es Not Waived: In no event shall the making by ~e Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall In no way Impair or prejudice any rIght or remedy available to the Department with respect to such breach or default 13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement Is held Invalid, the remainder of thIs Agreement shall not be affected, In such an Instance the remainder would then contInue to conform to the terms and requirements of applicable law. _13.06 Bonus or Commission: By execution of the Agreement, the Agency represents that It has not paid and, also, grees not to pay, any bonus or commission for the purpose of obtaining an approval of Its application for the financing l1ereunder. Agenda Ite~ Janua Pa _ 1%P 13.06 State Law: Nothing in the Agreement shall require the Agency to· observe or enforce complIance with any p~~id~ thereof,. perform any other act or do any other thIng in contravention of any applicable state law, provided, that If any of the provisions of the Agreement violate any applicable state law. the Agel1CY will at once notify the Department In writing in order that appropriate changes and mod1fications may be made by the Department and the Agency to the end that the Agency may proceed 85 soon 8S possible with the project. 13.07 Contractual Indemnity: To the extent permitted by law, the Agency shall Indemnify, defend, save, and hold hannless the Department and all Its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, error, omission or negligent act by the Agency, its officers, agents or employees during the performance of the Agreement except that neither the Agency, Its officers, agents or Its employees will be Uable under this paragraph for any claIm, loss, damage, cost, charge or expense arising out of any act, error, omIssIon or negligent act by the Department or any of Its officers, agents or employees during the performance of the Agreement. When the Department receIves a notice of claim far damages that may have been caused by the Agency In the performance of services required under this Agreement, the Department will immedIately forward the claim to the Agency. The Agency and the Department will evaluate the claim and report their findings to each other within 14 wor1dng days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the Agency In the defense of the claIm or to require the Agency defend the Department In such claim as described in this section. The Department's failure to promptly notify the Agency of a claIm shall not act as a waiver of any right herein to require the participation in or defense of the claim by the Agency. The Department and the Agency will each pay Its own expenses for the evaluation, settlement negotiations, and trial, If any. However, If only one party participates In the defense of the claim at trial, that party Is responsIble for all expenses at trial. The parties agree that this clause shall not waive the benefits or provisions of Section 788.28. Florida Statutes, or any similar prevision of law. 13.08 Plans and SpecmcatJons: In the event that this Agreement involves constructing and equIpping of facilities on the State Highway System, th e Agency shall submit to the Department for approval all appropriate plans and specifications . covering the project. The Department will review all plans and specifications and will Issue to the Agency written approval with any approved portions ofthe project and comments or recommendations covering any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will Issue to the Agency written approval regarding the remaInder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department. 13.09 Right otWay CertificatIon: Upon completion of right otway actMtles on the project, the Agency must certify compliance with all applicable federat and state requIrements. CertJflcatlon is required prior to advertisementfor or solicitation of bids for construction of the project, including those projects for which no right of way Is required. 13.10 Agency Certification: The Agency will certify In writing, prior to project closeout, that the project was completed In accordance with applicable plans and specifications, Is In place on the Agency facility. that adequate title is in the Agency, and that the project is accepted by the Agency as suitable for the Intended purpose. 13.11 Agreement Fonnat: All words used herein In the slngu lar fonn shall c;txtend to and Include the plural. All words used In the plural fann shall extend to and Include the singular. . AU words used In any gender shall extend to and Include all genders. 13.12 Execution of Agreement: This Agreement may be simultaneously executed In a minimum of two counterparts, . each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one In the same Instrument. 13.13 Restrictions on Lobbying: Federal: The Agency agrees that no federally appropriated funcls have þeen paid, or will be paId by or on behalf of the Agency, to any person for Influencing or attempting to Influence any officer or employee of any federal agency, a member of Congress an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering Into of any cooperative agreement, and the mctenslon, contInuation, renewal, amendment or modification of any federal contract, grant, loan, or cooperative agreement Agenda Item _4 . Janu~ Page . . T»ag.10ci12 If any:funds other than federally approprtated funds have been paid by the Agency to any person for Influencing or ~mptlng to influence an officer or employee of any federal agency~ a member of Congress, an officer or employee of ~ ,1gress, or an employee of a member of Congress In connection with this Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with Its instructions. The Agency shall require that the language of this section be Included In the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under gtants, loans, and cooperative agreements) and that an subreclplents shall œrtlfy and disclose accordingly. State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. 13.14Malntenance: The Agency agrees to maintaIn any project not on the state Highway System, constructed under this Agreement. If the Agency constructs any irnprovementon ·Department rlght~f-W8Y, the Agency <Ð will 0 will not m·alntaln the improvements made for their useful life. 13.16 Vendors Rights: Vendors On this document Identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon .recelpt, the Department has flve 5 working days to Inspect and approve the goods and services unless the bid specifications, purchase order, or contract specifies otherwise. The Department has twenty (20) days to deliver a request for payment (voucher) to the Florida Department of Financial· Services. The twenty (20) days are measured from the latter of the date the Invoice Is received or the goods or services are received, Inspected, and approved. If a payment Is not 8vsUabte within forty (40) days after receIpt of the Invoice and receipt, Inspection, and approval of goods and services. a sepal'8te Interest. penalty In accordance with Section 215.422(3)(b), Florida Statutes. will be due and payable, In addition to the Invoice amount to the Agency; Interest penalties of less than one dollar ($1) wilt not be enforced unless the Agency requests payment. InvoIces which have to be. returned to an Agency because of Agency preparatlon elTars will result in a delay In the payment. The Invoice payment requirements do not start urrtJl a properly -'mpleted Invoice Is provided to the Department. ' A Vendor Ombudsman has been established within the Florida Department of Financial Services. The duties of this Individual Include acting as an advocate for Agencies who may be experiencing problems In obtaining tImely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850)410-9724 or by caning the State Comptroller's Hotline at 1-800-848-3792. AGENCY STATE~FLO ~EPA~ME OF~NSPORTATlON By. ~ __~ me: Dlr of roduction - -- Attest:: J/)~~O~ Tme~ecm1V8~«I~ A1s to form: ~V"'i ~ ~'. · -1\~ ~ District Attomey . . ð See attached Encumbrance Form for date of funding approval by Comptroller. Agenda Item No. 1684 January 2~05 Paae 0 ~ 'CON UCTION 0C3C - 11103 Pr.o-110112 FPN NO.404677-1 EXHIBIT A Project DescrIptIon and Responsibilities This exhibit fonTIS an integral part of that certain Relmbursement.Agreement between the State of Florida, Department of Transportation and Collier County Dated 3/ 1~/t:)L( PROJECT LOCATION: CR 29 at Barron River to Broadway The project 0 is Ci> Is not on the National Highway System. The project 0 is <Ð is not on lhe State Highway System. PROJECT DESCRIPTION: Installation of sidewalks along CR 29 from the Berron River Bridge south to the Traffic Circle at Copeland. In addition, the project Involves painting out bIKe lanes along Copeland. SPECIAL CONSIDERATION BY AGENCY: See Attachment Page 1. SPECIAL CONSIDERATION BY DEPARTMENT: The Department shall reimburse the Agency, subject to funds availability, In the year programmed (currently FY 03/04). .....$ec1a1 Consideration by ~ , . worX. to be conducåd outside of the Depertment R1gt\t-of-WIY ,hili adhere to the 2002 FlorIda Greenbook ltIndardt, IS ,nencled. ' ' All worX. to be corålcted within Department RIght-of-WIY ,hall adhere to the following: (1) The FOOT atendard I:)lCiflcatlon for I'OIcS Ind brldgt conltructlon, 2004 edition .1 amended, and (2) The FDOT roedway end traffIC dealgn 1It8.nclarcl, 2004 edition .. amended Ind design cr1tó from the PPM, 2003 edition .. amended. For all project. the foBcwlng win appty: a) SectIon 287.055, F.S. ·CorwuItents CompetltiYe Negotiation Ad' . b) FOOT "Project Development and Environmental Mll'luaI,· where applicable 'c) The L.oceI A1¡enr:y progrem Manual The Agency will inform the Departmlri In writing of the commencement and completion of the P'OJect. Upon completion rA the project, the Department wII1 heve forty-five (45) cIa~etter meIpt of the .Agency-. invoice to t1IVIew, Inapect and Ipprove the project for peyment. Agenda Item No. 16B4 January 2~~ ~~ The Department shall reimburse the Agency, subject to funds 8vallablllty, 1n the year programmed (currently FY 03104). . . Agenda Item No. 1684 January 2~ Pa!itiN~ OGC . 11103 p.g.12af 12 - FPN. NO. . AGENCY NAME & BILLING ADDRESS ITA1ICIIt...-__CF_.<ID< 404677-1 Collier County LCCAL AGI!NCY PROORAM Attl'l: FInance Department AGR!eMI!NT 2671 Airport Road EXHIBITT Naples, Florida 34112 SCHEDULE OF FUNDING JI'ROJGT DDClUPTION Namlt Sidewalkslblke lanes Tennk11 CR 29 from Barron RIver to the traffic circle at Copeland l.ength FUNDING (1) (2þ (3') TOTAL AGENC"t' STATE & TVI"'IOF WOIt1( bv PlICal Y_ PROJECT FUNes PUN)8 FEDeRAL F\JNCS P.&. 2003-2004 S31:m.OO $31,227,00 2004-2005 200$-2008 $31,227.00 ToI8I PE $31:227.00 $0.00 Rlght-of.Wlly 2OD3-2C04 2004-2OQS 2Oœ-2D08 ., - Tw- . . . SO.OO $0.00 $0,00 COIIøuctlon 2003-2004 . . $1715,953.00 $176,953.00 , . 2004-2006 2006-2008 , 2008·2CCJ7 - ToIII Contract eo-. $178,053.00 10.00 5176,953.00 OOnltructton Engtneel1ng ,nd InçeDtion 2003-20D4 $0.00 SO.OO 2004-2005 2005·2008 Total ConItructlon Englneltllng 10.00 $0,00 $0,00 Tc:áI oomtuctIcn Colt $178,953.00 $0.00 $176,953.00 ESTlMA1ED TOTAL COlT 0' THI $208,180.00 $0.00 ) $208,180.00 I"ftOJECT TIM o.p.r1meftrsllsc:.. )'tar begins on July 1. IIIorthls prvJ~ fIInd. .,.. nlllt proJec*d to be 1IV....b.. \mtI11ftIr The Þeplntmtlftt will no6fy the Agency, In wrttIng, whItft ftlnds .... IV8I1.ble. Jut,' 1ft..eb "1Ca1 ~r. "'Currently tùnds arc available for the Preliminary Engineering activities only. A Written Notice To Proceed will be issued to the Agency when additional funds become available for additional phases. The Agency must notify the Department upon proj ect completion IIIld prior to invoicing the Department for reimbursement. Agenda Item No. 1684 January 25, 2005 par6f 13 6 RESOLUTION NO. 2004- 42 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING A LOCAL AGENCY PROGRAM AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE DESIGN AND CONSTRUCTION OF SIDEW ALKS AND BICYCLE LANES IN EVERGLADES CITY, AND AUTHORIZING ITS EXECUTION. WHEREAS. the State of Florida Department of Transportation (FDOT) is willing to enter into a Local Agency Program Agreement ("Agreement") with Collier County, wherein FDOT will reimburse Collier County the sum of $208,180 for the design and construction of sidewalks along CR 29 from the Barron River Bridge south to the Traffic Circle at Copeland, and the painting out of bike lanes along Copeland; and WHEREAS, the Collier County Board of County Commissioners finds that it is in the public interest to install sidewalks along CR 29 from the Barron River Bridge south to the Traffic Circle at Copeland, and to paint out of bike lanes along Copeland, and that this Agreement is in the best interests of the citizens of Collier County. NOW, THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that; The Board of Counly Commissioners approves the Agreement and authorizes its chairman, Donna Fiala. to execute the Agreement. A certified copy of this Resolution will be forwarded by the Collier County Clerk to FDOT along with the executed Agreement. This Resolution adopted after motion, second and majority vote favoring same. DATED:,,, . ~~;~~,~~J¿~0~k ¿'/l~~"'> :"..,< ':;,>,.,:!" BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA .-. By: Ap u:~\' : rm and legal sufficiency: Item # /b8{n #.·/0'01 Agenda Date ~:d d '/)·01 ~~.Jlft7Jf1f Agenda Item No. 1685 January 25,2005 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to award bid #Q4-3595R - annual contract for &tClearing, Grubbing and Tree Trimming Removal Services" for the approximate annual amount of $50,000. OBJECTIVE: To provide an annual contract for Clearing, Grubbing and Tree Trimming removal services for use by all County departments on State and County Roads and Right-of-Ways. CONSIDERATION: Original bid #04-3595 was publicly posted on December 24, 2003 with notices of invitation to bid sent to eighty-seven (87) vendors of which one (1) response was received by the due date of January 14, 2004. The bid responses received are as follows: Forestry Resources Vegetation Management Inc. Road Maintenance staff recommended to reject bid and re-solicit for said services because staff believed the posting date of December 24,2003 and the due date of January 14,2004 were significant factors resulting in only one (1) bid. Bid #04-3595R was re-advertised and publicly posted on May 25, 2004 with notices of invitation to bid sent to seventy-seven (77) vendors of which three (3) vendors, Southern Services, RJP Enterprises and Core Services submitted complete bid packages. Bid opening was on June 16, 2004. ..........-- The delay from the bid opening and this Executive Summary is due to staff at Road Maintenance needing time to review an existing contract that we were not aware of at time of letting. After reviewing this contract, staff concluded it would not provide the services that are needed by the Road Màintenance Department. It is staffs recommendation to award to Core Services as Primary vendor and Southern Services as Secondary vendor for Bid #04-3595R "Clearing, Grubbing and Tree Trimming Removal Services". RJP Enterprises was not willing to honor their bid prices. GROWTH MANAGEMENT IMPACT: While these contracts have no direct growth management impact, they are consistent with the County's long-term growth plans. FISCAL IMPACT: Funding will come from the MSTD General Fund (111) in the approximate amount of $50,000.00. Source of funds are Ad Valorem Taxes. RECOMMENDATION: That the Board of County Commissioners award Bid #04-3595R to Core Services as Primary vendor and Southern Services as Secondary vendor and authorize the Chairman to sign the standard agreement after review by the County Attorney. ,~ Prepared By: Anthony "Rex· Wiggins, Supervisor of Road Maintenance Contracts and Projects, Road Maintenance " .." ."""'~"'n""*·_"_" Approved By John Vliet Roads Maintenance Superintendant Date Transportion Services Road Maintenance 1/11/20057:32 AM Approved By Steve Carnell PurchasinglGeneral Svcs Director Date Administrative Services Purchasing 1/11/200511:08 AM Approved By Sharon Newman Accounting Supervisor Date Transportion Services Transportation Administration 1/11/20053:55 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 1/11/20054:47 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1/12/2005 11 :53 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1/14/2005 2:07 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1/18/200512:05 PM U"J1J')'=t 000_ <000 ...-NC"') 6 U"J Q) ZN C> ro E è:' a.. Q)ro ......::J -c: roro "0 ...., c: Q) C> <C ,... (0) ... .o.;'i it Ii zJ . j¡ CDB fN 1c6 a:..... tiS liD .::s ::EO i~ a.. 5 ì I a: at C E E ~8 ~N I-~ a:£1 JH I~~ - I 888 8888888888888~88888888 8 ~ 888 ~&g&88'¡282'~~~~SggS2S ~_. ~ ...œ... N.œN -N~œ ð N~-_~~~ ~ m ~ Ñ ~ !! 8 0.. .., a: 888 8888888888888~88888888 8 ~~~ g~~~~~g~~~~g~ô~gii~~~~ ~ ... ... ... .... ! ::s al 8~¡ 8888888888888~88888888 8 Øææ œ~~~§_~2_§_~~Ô~~~¡i~§_ § ri ~ ~ ~ ~ Ñ ..... - 1-= II ~'j!!! ~ 'i 11 I!E .. I:::: , .. ~ u.. 1;:;:- ~ 't' !~~~, fcS ~~ I ! JIB ~ ~ ~ I~ l.~ l.~ =6 ~ i ! ! L¡ j ì ¡ ~ 11~~ ~ ii,~ ~ I iti1~¡=1 ;;;J ! ~ .II J! .!! .!!.!! · ~ 21~.1i 1,-1 '!!iJS I ~ I~ .D ~ ~ ~ ~ ~ Iii il.'';; ''6 ~ · ... C> "i íl~ ~l-= '6 '6 '6 · ;fi ~lj¡jlj¡l-ii''C ~I~I I~ ¡ ~ II 'ê 'i1i I~.=. J dI ~ .DIlL. i::;';':!~I'¡ I ~ I i '7 ! ~ ~ I~ ~~ . .,=... 3CSCH!I!!JS~~~I~~ · !.~~~I !!'~I~~~i·!·!· ii~gì!ilj!l 111 ~.~ l~~~ ~~b j -2-2 i Ii ~ ~ ~ ~ ~ ~ 1 ~ 1 Il ~~~I i1i1~i1~J~~~I-~~~~~~~~ ~ ~i!~ 1111111111~1!1111!lj~~ ; liJ.cv a: a: a: a: a: a: a: a: a: a:a:!!2r!III!.I. ~~I · Boo! !!!!!!!!!!!~~~~l~loooo ! I! w]i u.o ~: .,1: . !)I! w'l: a.. I i:ë3 J I j ~ ! J ~ ~ ID I . I ... I.C)L{)"¢ !!)O_ (000 ...-.Q.l"¢ , ~ - .j) L ro ~ ~a.. ~ CO') ...... :::J .. P I) ~ JIE !t £L ! -~ 'N I~ . L.:S f~ c:! Ie I~ £L I 8 0 8 8i . - I 8 8 8 8 8 8 8 8 ~ ~ S ¡ .ø S - - S ~~ ('f) ..- .... ..... ~ ~ .- ('II ..- IØ ~ .... u ~I 8 8 8 8 8 8 8 8 8~ ~ (It ...... ~ g 8 ~ g g 8 2 ~o 0 8 .... .- ..... ('II . ~ ò c: w 8 8 8 8 8 8 8 8 88 JZ j II 8 8 ~ 0 M i i ~ iai III .... i ~ .- .- C'i. N .- J .. . ~ I¡:¡: 11ii; ~ ..I ...J .~ ... ~ ,r . ~ ~ i í Ij I~ ! ~ j ~ I ~ .- ::::: j I:; I::::: Ii i I i . I~c 's , ;¡¡;;;. ! ~ I ¡ I!! I .- II!! c ~ ;; I~í ~ . ~ ;. I I fo c I fo .. ~ ~ ~ ~ . . II .. ! in ÌÐ i N N .e N S ~ S .- .- .s fa fa ~ .s S s .. c ; ~ ! I , - ¡ 51 ~ i I so so i j ~ 1! 1! E !I I l§ "C l- I. I. t? ~ ø::: I . R ~ ~ I~ I~ I~ ~ II I I "I E ~ a a iI &J Ii i '0 U) £L £L 0. ~ x Ii 0 N IØ .. N I ~ ~ :E ::I I I 1 il .! . .CI II ¡ . :J: £L :a ! ~ I c U) I s:; Y- o I 0 J w II ~ .. 1i ~ E ~ CII .& E E "C I- ! ci ~í 102 Zt? CO) ~ .~ ~i 10 Agenda Item No. 1686 January 25, 2005 Page 1 of 3 EXECUTIVE SUMMARY ,.- Recommendation to award bid #05·3633 - annual contract for "Rework of Slopes and Roadside Ditches" for the approximate annual amount of $50,000. OBJECTIVE: To provide an annual contract for rework of Slopes and Roadside ditches for use by all County departments on State and County Roads and Right-of-Ways. CONSIDERATION: Bid #05-3633 was publicly posted on November 2, 2004 with notices of invitation to bid sent to ninety-three (93) vendors of which two (2) responses were received by the due date of November 30, 2004. It is staffs recommendation to award to Better Roads Inc. as primary vendor because their bid submittal was more responsive overall, and Florida State Underground as secondary vendor for Bid #05-3633 "Rework of Slopes and Roadside Ditches". GROWTH MANAGEMENT IMPACT: While these contracts have no direct growth management impact, they are consistent with the County's long-term growth plans. FISCAL IMPACT: Funding will come from the MSTD General Fund (111) in the approximate amount of $50,000.00. Source of funds are Ad Valorem Taxes. RECOMMENDATION: That the Board of County Commissioners award Bid #05-3633 to Better Roads as Primary vendor and Florida State Underground as Secondary. Prepared By: Anthony "Rex" Wiggins, Supervisor of Road Maintenance Contracts and Projects, Road Maintenance .- ,.- ....-.....""'-,....-,...-. Approved By Steve Carnell purchasinglGeneral Svcs Director Date Administrative Services Purchasing 1/111200511 :53 AM Approved By Sharon Newman Accounting Supervisor Date Transportion Services Transportation Administration 1/11120054:01 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 1/11120054:50 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1/12/200511 :54 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1/14/20052:09 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1/18/200512:12 PM (,0 L() C") co 0",- (,000 ...-NC") 6lÓQ.) ZN 0) ro E èo.. 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CD > o o V'\ ..¿ "0_ ãi o z 00 o~ oon NN {ß. ~ t:1:I 0>- I- :::J wC,) Q. æ Q. ~ ~ ~.~ I" ~ .~ as _I""; ~I") ~ "lî "'í ~ '- ~ ":::". tV "' C: ':\ ~ 1\ ~F' i ~ :5 .€ Jš~ 1! ~~ .... = ¡,; ~ '" <ß ~~ -= ~ o ..... - o CÐ o III a. 1:1 ~ ¡ ~ C .:.:: (.) « cu '"0 C Q) '"0 '"0 « Agenda Item No. 1687 January 25, 2005 Page 1 of 37 EXECUTIVE SUMMARY - Recommendation to approve a waiver of the formal bid process and approve a contract agreement between Collier County and Temple, Incorporated for services related to the implementation of a Split Cycle Offset Optimization Technique (SCOOT) adaptive traffic system on the Pine Ridge Road corridor between Goodlette-Frank Road and Logan Boulevard at a cost not to exceed $671,964; Project 601724. Objective: To gain Board approval of an agreement which will implement a Split Cycle Offset Optimi2:ation Technique (SCOOT) adaptive traffic system on Pine Ridge Road, to improve traffic progression, mitigate traffic incident lane closures, and alleviate excessive delays experienced by motorists on this busy corridor. Considerations: For the past year, Staff has researched methods to improve traffic progression and reduce delays on heavily congested arterial roads, with particular focus on the current traffic conditions on Pine Ridge Road. Staff concluded that the most effective solution would be to change ftom older technology (traffic responsive) and implement an adaptive traffic system, a newer, state-of-the-art technology which continually monitors traffic volumes and delay and adjusts cycle times to optimize traffic progression. Only two adaptive technologies, SCOOT and SCAT, have a proven track record of success. Because Collier County's traffic network uses the Siemens product ACTRA as its central traffic management system and Eagle traffic controllers at each intersection, any adaptive traffic system adopted would be required to operate seamJessly within our existing inftastructure. SCAT would require a complete system changeout of both our central system and controllers, at an estimated cost of $500,000 above and beyond the cost of implementing the technology. Given these constraints, the only adaptive product suitable for Collier County is the SCOOT system. - In October 2004, Siemens ITS and Temple, Incorporated submitted a proposal (attached) which addressed how a SCOOT system would meet the County's needs at 16 consecutive intersections on Pine Ridge Road. During November and December 2004, a contract was negotiated between Temple, Incorporated, the sole regional distributor of SCOOT in Florida, and Collier County until arriving at a mutually satisfactory agreement. If awarded, the SCOOT implementation will last approximately eight months, to be completed by the end of2005. A project schedule with tasks and milestone dates is attached to this Summary. Fiscal Impact: Funding for this project has been previously identified and eannarked as Project #60172-4 by the Board of County Commissioners at their Regular Meeting on September 28, 2004, Item 16-B-4. A total of $795,000 has been budgeted for the initial implementation. Growth Management Impact: There is no Growth Management impact associated with this Executive Summary. Recommendation: That the Board of County Commissioners waive the fonnal bid process and approve the execution of a contract between Collier County and Temple, Incorporated, as well as approving any related necessary budget amendments. PREPARED BY: Robert W. Tipton, PE, PTOE, Traffic Operations Director. Date: 01/07/05 Attachments: SCOOT Proposal, October 2004 SCOOT Project Schedule Agreement between Collier County, Florida and Temple, Incorporated - Sharon Newman Accountìng Supervisor Date Transportion Services Transportation Administration 1/10120055:53 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportion Services Transportation Services Admin. 1111/20057:56 AM Approved By Robert W. Tipton, P.E. County Traffic Operations Engineer Date Transportion Services Traffic Operationsl A TM 1/11/20058:18 AM Approved By Scott Johnson Purchasing Agent Date Administrative Services Purchasing 1/11/20054:21 PM Approved By Scott R. Teach Assistant County Attorney Date County Attorney County Attorney Office 1/11/20054:41 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 1/12/2005 8:39 AM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 1/12/2005 10:55 AM Approved By OMB Coordinator Administratìve Assistant Date County Manager's Office Office of Management & Budget 1/14/20052:09 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1/14/20054:40 PM Approved By James V. Mudd County Manager Date Board of County Comm issioners County Manager's Office 1/18/200512:31 PM Agenda Item No. 1687 January 25, 2005 Page 3 of 37 AGREEMENT THIS AGREEMENT (the "Agreement") is made and entered into this day of 2005, by and between Collíer County, Florida, a political subdivision of the State of Florida, (hereinafter referred to as the "COUNTY") and Temple, Inc., an Alabama corporation, with a local business address of PO BOX 21321, Bradentoo, Florida 34204 (hereinafter referred to as the t'CONTRAcrOR"). WITNES SETH: WHEREAS, the COUNTY desires to obtain the professional services of the CONTRACTOR concerning certain services related to traffic signal hardware, software, installation services and operation and maintenance support (hereinafter referred to as the "Project"), said services being more fully described in Exhibit A., which is attached hereto and incorporated herein, and commonly referred to as the SCOOT System; and WHEREAS, the CONTRACTOR has submitted a proposal for provision of those services; and WHEREAS, the CONTRACTOR represents that it has expertise in the type of professional services that . wiU be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contaìned herein, the parties hereto agree as follows: ARTICLE ONE CONTRACTOR'S RESPONSIBILITY L 1. The Basic Services to be performed by CONTRACTOR hereunder are services related to traffic signal hardware, software, installation services and operation and maintenance support of the SCOOT (Split , Cycle, Offset Optimization Technique) traffic adaptive control program distributed in North America by Siemens ITS, Inc. 1.2. The CONTRACTOR agrees to obtaìn and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida, and in Collier County, Florida, incJuding, but not limited to, all 1icenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONTRACTOR pursuant to this Agreement. 1.3. The CONTRACTOR agrees that, when the services to be provided hereunder relate to a professional or technical service which, under Florida Statutes, requires a license, certificate of authorization or other fonn of legal entitlement to practice such services, it shall employ andlor retain only qualified personnel to provide such servtces. 1.4. CONTRACTOR agrees to employ and designate, in writing, within five (5) calendar days after receiving its Notice to Proceed, a qualified professional to serve as the CONTRACTOR's project manager (hereinafter referred to as the "Project Manager"). The Project Manager shall be authorized and responsible to act on behalf of the CONTRACTOR with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. 1.5. The CONTRACTOR has represented to the COUN1Y that it has expertise in the type of professional and/or technical services that will be required for the Project. The CONTRACTOR agrees that all services to be provided by CONTRACTOR pursuant to this Agreement shaH be subject to the COUNTY's review and approval Agenda Item No. 16B7 January 25, 2005 Page 4 of 37 and shall be in accordance with the generally accepted standards of professional practice in the State of Florida., as well as in accordance with all published laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies which regulate or have jurisdiction over the Project or the services to be provided and performed by CONTRACTOR hereunder. In the event of any conflicts in these requirements, the CONTRACTOR shall notify the COUNTY of such conflict and utilize its best professional judgment to advise COUNTY regarding resolution of the conflict. 1.6. CONTRACTOR agrees not to divulge, furnish or make available to any third person, firm or organization, without COUNTY's prior written consent, or unless incident to the proper perfonnance of the CONTRACTOR's obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by CONTRACTOR hereunder, and CONTRACTOR shal1 require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. 1.7 CONTRACTOR agrees not to provide services for compensation to any other party other than COUNTY on the same subject matter, same project, or scope of services as set forth in this Agreement without approval fÌ'om the COUNTY. 1.8. Except as otherwise provided herein. CONTRACTOR agrees not to disclose or use any information not available to members of the general public and gained by reason of CONTRACTOR'S contractual relationship with COUNTY for the special gain or benefit of CONTRACTOR or for the special gain or benefit of any other person or entity. ARTICLE TWO COUNTY'S RESPONSmILITIES 2.1. The COUNTY shan designate in writing a project coordinator to act as COUNTY's representative with respect to the services to be rendered under this Agreement (hereìnafter referred to as the "Project Coordinator"). The Project Coordinator shall have authority to transmit ins1ructÌons, receive information. interpret and defme COUNTY's policies and decisions with respect to CONfRACTOR's services for the Project. 2.2. The Project Coordinator shall: (a) Review and make appropriate recommendations on all requests submitted by the CONTRACTOR for payment for services and work provided and perfonned in accordance with this Agreement; (b) Arrange for access to and make all provisions for CONTRACTOR to enter the Project site to perform the services to be provided by CONTRACTOR under this Agreement; and (c) Provide notice to CONTRACTOR of any deficiencies or defects discovered by the COUNTY with respect to the services to be rendered by CONTRACTOR hereunder. 2.3. CONTRACTOR acknowledges that access to the Project Site, to be arranged by COUNTY for CONTRACTOR, may be provided during times that are not the nonnal business hours of the CONTRACTOR. ARTICLE THREE TIME 3.1. Services to be rendered by CONTRACTOR shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed :&om the COUNTY's Project Manager for all or any designated portion of the Project and shall be peñormed and completed by December 31, 2OOS. The Revised Innoos -2- Agenda Item No. 1687 January 25. 2005 Page 5 of 37 scheduled mílestones for this Project shall be as follows: Phase I Feb. 28, 2005 April 15, 2005 Notice to Proceed Loop Locations Transmitted to the COUNTY Phase II July 15, 2005 July 15, 2005 Field Hardware & Loop installed Completed Central Site and field Work Completed Phase ill August 15, 2005Lìnk & Network Validation complete September 15,2005 System Validation & complete September 22, 2005 SCOOT Customizing & Training Phase IV October 1, 2005 November 1,2005 November 21, 2005 Conditional Acceptance Test begins Conditional Acceptance Final Acceptance 3.2. Should CONTRACTOR be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONTRACTOR, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the County, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONTRACfORshal1 notify COUNTY in writing within five (5) working days after commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which CONTRACTOR may have had to request a time extension. 3.3. No intenuption, interference, inefficiency, suspension or delay in the commencement or progress of CONTRACfQR's services from any cause whatsoever, including those for which COUNTY may be responsible in whole or in part, shall relieve CONTRACfOR of its duty to perform or give rise to any right to damages or additional compensation from COUNTY. CONTRACTOR's sole remedy against COUNTY will be the right to seek an extension of time to its schedule. This paragraph shaH expressly apply to claims for early completion, as well as claims based on late completion. 3.4. Should the CONTRACfOR fail to commence, provìde, perform or complete any of the services to be provìded hereunder in a timely and reasonable manner, in addition to any other rights or remedies available to the COUNTY hereunder, the COUNTY at its sole discretion and option may withhold any and all payments due and owing to the CONTRACfOR until such time as the CONTRACfOR resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the COUNTY's satisfaction that the CONTRACTOR's performance is or win shortly be back on schedule. ARTICLE FOUR COMPENSATION 4.1. The total compensation to be paid CONTRACTOR by the COUNTY for all Basic Services shall not exceed $671,964. Compensation shaH be paid in the manner set forth in Exhibit A, which is attached hereto and incorporated herein. Invoice$ may be submitted monthly, with Retainage being paid upon Final Acceptance. The COUNTY reserves the right to perform work by COUNTY forces and/or other contract services. Detector installation and all controller cabinet equipment will be provìded by the COUNTY. Revised In!2005 -3- Agenda Item No. 1687 January 25, 2005 Page 6 of 37 ARTICLE FIVE MAINTENANCE OF RECORDS 5.1. CONTRACTOR will keep adequate records and supporting documentation which concern or reflect its services hereW1der. The records and documentation win be retained by CONTRACTOR for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed, whichever is later. COUNTY, or any duly authorized agents or representatives of COUNTY, shaU have the right to audit, inspect and copy a11 such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above; provided, however, such activity shall be conducted only during nonnal business hours. ARTICLE SIX INDEMNIFICATION 6.1. CONTRACTOR agrees to indemnify and hold harmless the COUNTY from liabìlities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Contractor and persons employer or uti1ized by the Contractor in the performance of the Contract. ARTICLE SEVEN INSURANCE 7.1. CONTRAcrOR shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amoW1ts set forth in Exhibit B to this Agreement ARTICLE EIGHT SERVICES BY CONTRACTOR'S OWN STAFF 8.1. The services to be performed hereunder shall be performed by CONTRACTOR's own staff, unless otherwise authorized in writing by the COUNTY. The employment of, contract with, or use of the services of any other person or firm by CONTRAcrOR, as independent contractor or otherwise, shall be subject to the prior written approval of the COUNTY. No provision of this Agreement shall, however, be construed as constituting an agreement between the COUN1Y and any such other person or firm. Nor shall anything contained herein be deemed to give any such party or any third party any claim or right of action against the COUN1Y beyond such as may otherwise exist without regard to this Agreement. ARTICLE NINE WAIVER OF CLAIMS 9.1. CONTRACTOR's acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against COUNTY arising out of this Agreement or otherwise related to the Project, except those previously made in writing and identified by CONTRACTOR as unsettled at the time of the final payment. Neither the acceptance of CONTRACTOR's services nor payment by COUNTY shall be deemed to be a waiver of any of COUNTY's rights against CONTRACfOR. ARTICLE TEN TERMINATION OR SUSPENSION 10.1. CONTRACTOR shall be considered in material default of this Agreement and such default win be considered cause for COUNTY to terminate this Agreement, in whole or in part, as further set forth in this section, Revised 1/712005 -4- Agenda Item No. 1687 January 25,2005 Page 7 of 37 for any of the foHowing reasons: (a) faílure to begin work under the Agreement within the times specified under the Notice(s) to Proceed, or (b) failure to properly and timely perform the services to be provided here1.U1der or as directed by COUNTY, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONTRACTOR or by any of CONTRACTOR's principals, officers or directors, or (d) failure to obey laws, ordinances, regulations or other codes of conduct, or (e) failure to perform or abide by the terms or spirit of this Agreement, or (f) for any other just cause. The COUNTY may so tenninate this Agreement, in whole or in part, by giving the CONTRACfOR seven (7) calendar day's written notice. 10.2. If, after notice of termination of this Agreement as provided for in paragraph 10.1 above, it is determined for any reason that CONTRACfOR was not in default, or that its default was excusable, or that COUNTY otherwise was not entitled to the remedy against CONTRACTOR provided for in paragraph 10.1, then the notice of termination given pursuant to paragraph 10.1 shaU be deemed to be the notice of termination provided for in paragraph 10.3 below and CONTRACTOR's remedies against COUNTY shall be the same as and limited to those afforded CONTRACTOR under paragraph 10.3 below. 10.3. COUNTY shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar day's written notice to CONTRACTOR. In the event of such termination for convenience, CONTRACTOR's recovery against COUNTY shall be limited to that portion of the fee earned through the date of tennìnation, together with any retainage withheld and any costs reasonably incurred by CONTRACfOR that are directly attributable to the termination, but CONTRACTOR shan not be entitled to any other or further recovery against COUNfY, including, but not limited to, anticipated fees or profits on work not required to be performed. ARTICLE ELEVEN CONFLICT OF INTEREST 11.1. CONTRACTOR represents that it presently has no interest and shaH acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CON1RACTOR further represents that no persons having any such interest shall be employed to perform those services. ARTICLE TWELVE MODIFICATION 12.1. No modification or change in this Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bo1.U1d by it. ARTICLE TIDRTEEN NOTICES AND ADDRESS OF RECORD 13.1. An notices required or made pursuant to this Agreement to be given by the CONTR.A.CTOR to the COUNTY shall be in writing and shall be delivered by hand or by United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following COUNTY's address of record: Collier County Traffic Operations Department Robert W. Tipton, P.E. 2885 Horseshoe Drive South Naples, FL 34104 13.2. All notices required or made pursuant to this Agreement to be given by the COUNTY to the CONTRACTOR shall be made in writing and shaH be delivered by hand or by the United States Postal Service Revised Inl2005 -5- Agenda Item No. 1687 . January 25, 2005 Page 8 of 37 Department, first class mail service, postage prepaid, return receipt requested, addressed to the following CONTRACTOR's address of record: Temple, Inc. PO BOX 21321 Bradenton, Florida 34204 Attention: Ian Cardozo 13.3. Either party may change its address of record by written notice to the other party given in accordance with requirements ofthis Article. ARTICLE FOURTEEN MISCELLANEOUS 14.1. CONTRACfOR, in representing COUNTY, shan promote the best interest of COUNTY and assume towards COUNTY a duty of the highest trust, confidence, and fair dealing. 14.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 14.3. This Agreement is not assignable, in whole or in part. by CONTRACfOR without the prior written consent of COUNTY. 14.4. Waiver by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 14.5. The headings of the Articles, Exhibits, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Exhibits, Parts and Attachments. 14.6. This Agreement constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such priOr agreements or understanding shall have no force or effect whatever on this Agreement. ARTICLE .f.41.."rEEN TRAINING 15.1 Formal traÙ1ing shall be provided by the CONTRACfOR in order to enable COUNTY staff to operate, maintain, repair, and expand the SCOOT System provided by this Project. CONTRACI'OR, at a minimum, shall provide the following trainÙ1g sessions: 1. Cabinet Training: Two sessions for five attendees each, for a minimum duration of two hours, in the manner in which SCOOT operates and interfaces in the control1er cabinet with the existing control1er cabinet assembly components. 2. Control Center Training: One session, four hours minimum, for six attendees, in the infonnation and theories that control center operators wiU need to monitor and control SCOOT operation. 3. System Integration: One two-day class room session plus in field training as necessary for four attendees in the theories, principles, and practices in perfomùng detector surveys, system validation, and graphics preparation necessary for adding intersections into the SCOOT system during future expansions. Revised Inl2005 -6- Agenda Item No. 16B7 January 25, 2005 Page 9 of 37 ARTICLE SIXTEEN ACCEPTANCE PROCEDURES 16.1 Upon completion of the SCOOT System installation the CONTRACTOR shalt notify the COUNTY that the system is ready for the Conditional Acceptance Test, which shan consist of 30 days oflIDinterrupted operation utilizing the SCOOT program to control traffic signal timings without CONTRACTOR interaction with the system. The COUNTY shaH set the date and time that the test is to begin and end and shalt coordinate the test with the contractor to ensure the CONTRACTOR is able to have the necessary personnel on site for the test. fu the event that the SCOOT system is unable to effectively operate for 30 days the CONTRACTOR shall make repairs and/or adjustments and the test will start over at day one. Any failure of equipment used by SCOOT (such as communications or detectors) but purchased by the County under a separate contract, sha11 not be grounds for re-starting the tests, even where this affects the operation of SCOOT. Upon completion of the SCOOT System Conditional Acceptance Test, the CONTRACTOR shall participate in a Final Acceptance Test in which the Project arterial will be subjected to measurement of travel time and delay studies using the "floating car" methodology. The studies shall be perfonned by a consultant engineering finn under contract to and paid by the COUNTY. The studies shall take place during the hours of 7:00...9:00 a.m., 11 :30 a.m. - 1 :30 p.m., and 4:00-6:00 p.m. and shall consist of driving the entire corridor, three times during each time period in each direction, to measure total trip time and delay. During each study drive of the arterial the COUNTY win ammge for a short duration lane blockage to simulate the occurrence of an incident. Studies shaH be done on four days, during two of which the traffic signals shaU be operating under SCOOT control and during two days in which existing signal system timing plans are operating. Results of the tests will be averaged to display a comparison of travel time and delay results for the two control schemes, that is, SCOOT System and existing computer system In the event that the studies indicate that traffic progression during an incident, based upon average trave1 time and delay, during the use of SCOOT is inferior to that using the existing computer signal system timings, the Final Acceptance Test will be considered to have been failed. At the discretion of the CONTRACTOR system corrections and fine tunings may be accomplished in the SCOOT software and the test run agam. 16.2 Following Final Acceptance of the CONTRACTOR'S installation and implementation, all wammties for equipment furnished as a part of this Project by the CONTRACTOR shan be transfetTed to the COUNTY for the rest of the time that they may apply. ARTICLE SEVENTEEN APPLICABLE LAW 17.1. Unless otherwise specified, this Agreement shaH be governed by the laws, rules, and regulations of the State of Florida, and by the laws, rules and regulations of the United States when providing services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate Florida state court in Collier County, Florida. Revised In/2005 -7- Agenda Item No. 1687 January 25. 2005 Page 10 of 37 IN WITNESS WHEREOF ~ the parties hereto have executed this Agreement for the da:y and year first written above, A TIEST: COUNTY: COLLIER COUNTY, FLORIDA Board of County Cormnissìoners By: By: Dwight E. Brock, C01.mty Clerk Donna Fiala, Chairman Approved as to form and legal sufficiency: By: , Assistant County Attorney CONTRACfOR: Temp1e, Inc. By: Witness for Contractor Witness for Contractor (CORPORATE SEAL) Revised 1 m2005 -8- EXHIBIT A Agenda Item No. 1687 January 25, 2005 Page 11 of 37 The CONTRACTOR shall, as a minimum, provide material, integration of system components, computer software, engineering expertise and services as listed below. All Retainage mentioned below shan be payable upon Final Acceptance. CENTRAL HARDWARE (Subject to 20% Retainage) SCOOT COMM SERVER SCOOT DEC ALPHA SERVER CYCLADES PORT EXPANDER DELL RACK X-VISION CABLES LAPTOP W/CELL MODEM COUNTYWIDE SCOOT LICENSE FEE (payable on completion of Phase III) (Fee for the first 20 intersections- additional intersections subject to $594.00 per intersection charge) SYSTEM INTEGRATION & CALIBRATION (Subject to 20% Retainage) « Includes 16 Intersection diagrams Includes 3 regional Maps Vehicle detection survey (16 Intersections) Intersection Data Entry Installation & System Testing Graphics preparation Three (3) Phase System Validation (Link, Network, Customizing) Detector Survey SCOOT Training Cellular Phone Data Line Rental Two (2) five-day visits first year for fine tuning MAINTENANCE AGREEMENT (payable upon Final Acceptance) One (I) Additional Five day trip per year Unlimited e-mail & telephone support OPTIONS: ASTRID (Automatic SCOOT Traffic Infonnation Database) INGRID (Integrated Incident Detection) TOTAL WITH ASTRIDIINGRlD OPTIONS INCLUDED Rcvised 1/712005 -9- $ 58,000.00 $125,000.00 $413,692.00 $ 54,000.00 $ 21,272.00 $671,964.00 Agenda Item No. 16B7 January 25, 2005 Page 12 of 37 EXHIBIT B GENERAL INSURANCE REQUIREMENTS The Contractor shall not commence work until he bas obtained aU the insurance ~ under this heading, and until such insurance bas been approved by the COUNTY, nor shall the Contractor allow any subcontractor to conmence work until all similar insurance required of the subcontractor bas also been obtained and approved by the COUNTY. Certificates of insurance must be issued by an authorized representative of the insurance company at the request and direction of the policyholder and must include sufficient information so as to identify the coverage and the contract for COUNTY's ìmprovements for which they are issued. Certificates of insmance must be issued by a nationally recognized insurance company with a Best's Rating of no less than B+ vn, satisfactory to the COUNTY, and duly licensed to do business in the state of said Contract The Contractor shall procure and maintain, during the life of this Contract, Workmen's Compensation Insurance for all of his employees to be engaged in work under this Contract, and he shall require any subcontractor similarly to provide Workmen's Compensation Insurance for all of the latter's employees to be engaged in such work, unless such employees are covered by the protection afforded by the Contractor's insurance. In case any employees are to be engaged in hazardous work under this Contract, and are not protected under this Workmen's Compensation statute, the Contractor shall provide, and sha11 cause each subcontractor to provide, adequate coverage for the protection of such employees. It is acceptable to use a State-approved Workmen's Compensation Self-Insurance fund. Policy must include Employers Liability with a limit of $1,000,000 each accident The Contractor shall take out and maintain during the life of this Contract, Public Liability and Property Damage and shan include Contractual Liability, Personal Injury, Libel, Slander, False Arrest, Malicious Prosecution, Wrongful Entry or Eviction, Broad Fonn Property Damage, Products, Completed Operations and XCU Coverage to be included on an occUITence basis, and to the full extent of the Contract to protect him, the COUNTY, and any subcon1ractor performing work covered by tlús Contract ftom damages for personal injury, including accidental death, as well as from claims for property damage, which may arise from operations Wlder this contract, whether such operations be by himself or by a subcontractor, or by anyone dìrectIy or indirectly employed by either of them. The Contractor shall also maintain automobiJe liability insurance including "non-owned and hired" coverage. The entire cost of this insurance shall be borne by the Contractor. The amount of such insurance shall be no less than $1,000,000 annual aggregate for bodily injury and property damage combined per OCCUJTence. The Board of County Commissioners must be named as Additional Insured on the insurance certificate and the followin2 !!!!!!! !!!2 be ~ .2.!! the certificate. "These coverages are primary to all other coverages the County possesses for this contract on1y." The County shall be named as the Certificate Holder. Tbe Certifieate Holder sbaD read as follows: Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 No County Division, Department, or individual name should appear on the Certificate. No other {onnat will be acceptable. Thirty (30) days cancellation notice required When using the "Accord" fonn of insurance certificate, please note that under the cancellation clause, the following must be deleted: "endeavor to" and ''but failure to mail such notice shall impose no obligation or liability of any kind upon the company" Revised 11712005 -10- Agenda Item No. 1687 E X #i;ö~1f3 f~~ Collier County SCOOT Adaptive Control Proposal October 2004 SCOOT Advanced Adaptive Control System Proposal Submitted To: COLLIER COUNTY GOVERNMENT TRANSPORTATION OPERA TION DEPARTMENT Siemens ITS & Temple, Inc.. Page 1 of 24 Agenda Item No. 16B7 Exffi~f4¡~~ Collier County SCOOT Adaptive Control Proposal October 2004 Proprìetary Notice G;¡:,,"'¥{'~.~"""~"M;~<W~$~~'~~'4iA<~;,q~"'~~':4"':~~w.~~,~~~<j¡~'';~'AA~;;ITf*¡;;",!::IjiI"fØ'.%W(I.J'~~Wt"""*,,,~~~~~"*,,~~M","'~"""o>:<i~.2<'H~';"""~"" The information contained herein is the exc1usive property of Tempte Inc., and Siemens ITS and is supplied without liability for errors or omissions. No part may be reproduced, disclosed or used except as authorized by Temple tne., by contract or other express written permission. The copyright and the foregoing restriction on reproduction, disclosure and use extend to all the media forms in which this information may be embodied. ;".%:i<i~~.\~'m'w;";'''''*:'-''i,.....*".";",,,~,,!'C~~')i(:'~~~~m-;I1I$'~·;:!::i:'M<:'*:~~$~:'~;:~1:~~,¡~~"'¡b:;:¡:'i%':#'*I't<~'I'~~jm~",;:,W",*""",:j<~·"â%~:_";wm~"~'_:~:_",,,''''',_*·,~,·,,,,,,,,,,,,~<·::,,,,,,*~,,,,*,,,~~·,>~-,,~..",,,,,~. Siemens ITS & Temple, Inc. Page 2 of 24 Agenda Item No. 1687 E X ~ti\ '(5 ~~ Collier County SCOOT Adaptive Control Proposal October 2004 empJe Ie Siemens ITS Temple Incorporated, headquartered in Decatur, Alabama, distributes products and supptieslntegration &.: technical services for the Intelligent Transportation Systems (ITS) and traffic control markets. Temple was incorporated in 1954 and has over sixty (60) employees located in five different offices throughout the southeast. Temple's offices are located in Charlotte, North Carolina, Atlanta, Georgia, Daytona, and Bradenton Florida and Decatur, Alabama. Celebrating 50 years in business as a distributor, we have formed partnerships with many of the most prominent companies in the industry and distribute their products throughout 9 States in the southeast. OUf partners include Siemens ITS who we have h(id a long standing relationship with for over 49 years. Other include Siemens Atea (OTN), 3M ITS, fteris, GelCore, Peko, RTC, Reno A&.:E, Poleara, Patriot Technologies, , Southern Manufacturing, Microwave Data Systems, EDCO, DTS, Union Metal, ADDCO, Elliott Equipment Corp., ATSI, StrongweU, and Steetcom. Temple and Siemens ITS have supplied and installed many of the traffic control system and ITS systems throughout the Southeast. These system range from Statewide System conversions from NEMA platforms to the new Advanced Transportation Controtter(ATC) platform such as in the State of Georgia, where Siemens and Temple are replacing aU the controllers and Cabinets in the State of Georgia with 2070 controller with Siemens (SEPAC) local controller software and ACTRA running as the Central System. This project is still. underway and Temple is providing all the cabinets and local project management and technical implementation support. Depending on the project scope~ Temple may purchase the hardware and software from Siemens ITS and provide all the system integration and technical support required on the project or work in conjunction with Siemens ITS personnel to comp(ete different tasks within assigned projects. The tasks are usually determined when the scope of work is being developed and resources can be allocated from one or both firms depending on the assigned tasks. Siemens ITS, provides leading-edge traffic technology for the fast~ paced Intelligent Transportation Systems [ITS] world. Whether providing local controllers, controller firmware, central systems, Siemens ITS & Temple1 Inc. Page 3 of 24 ,."""';,_......"_.....<~I'""",¡.,¡...OIJ+"".."...,,,...""""";...,''',," Agenda Item No. 16B7 E X f.1~ fci i~~ Collier County SCOOT Adaptive Control Proposal October 2004 system analysis, design, integration, or consulting services, Siemens ITS brings innovative and reliable solutions to customers. Siemens ITS - Siemens Energy 8: Automation, Inc., Business Unit Intelligent Transportation Systems - is the result of combining the resources of two Siemens companies, EAGLE Traffic Control Systems and Gardner Transportation Systems, into a single company focused on providing leading-edge technology and high quality system analysis, design, integration, and consulting services. EAGLE Traffic Control Systems was the synthesis of EAGLE Signal and Automatic Signal, and has been a part of the Siemens family for five (5) years. With a strong history of proven controller and signal technology, and a fresh approach to central system design, EAGLE's products define rfstate-of-the-art" traffic control. Gardner Transportation Systems was founded in 1994 as Gardner Associates, and has been a part of the Siemens family for over two (2) years. Internationally known and respected for their consulting services as well as their intelligent system prodtJcts, Gardner provides the complete transportation design package. Together now, as Siemens ITS, we have a long history of quality and innovation in transportation control and management. Coupled with proven products and development experience, as well as highly regarded consulting services, we form the world's foremost traffic control and transportation management company . Siemens ITS is very active in the development of new industry standards, with strong representation on various NEMA, NTCIP, and ITS standards committees. Through our representation on these committees, we have helped to form positive industry standards while using the results of these commitments to develop new «state-of-the-art" products. Siemens ITSts also playing a leading role in the development of the Adaptive Control System lACS] Lite, NTCIP C2C and Advanced Traffic Controller Specification. Siemens ITS has more than one hundred (tOO) major Advanced Transportation Management Systems [ATMS] and more than one thousand (1,000) smaller systems installed in cities and municipalities throughout North Amenca. We have local controller software that has been controLUng traffic at local intersections on NEMA and 2070ATC controLLers for nearly 20 years. Siemens ITS is the only company that has ITS cabinets in production. Four states - Arizona, Delaware, Georgia, and Utah - have selected Siemens ITS for a statewide system software license, and the states Siemens ITS & Temple, Inc.. Pagé 4 of 24 Agenda Item No. 1687 E X#~ f¿ i~~ Collier County SCOOT Adaptive Control Proposal October 2004 of Georgia and Ohio have selected SE-PAC for a statewide controller firmware license. The Delaware system includes a web interface and many advanced ITS features. As a member of the Siemens family, Siemens ITS shares resources with Siemens Traffic Control Systems in Munich, Germany, and with Siemens Traffic Controls Limited in Poole, England. New development is being coordinated between the companies to ensure a common architecture and compatibitity of their components. With a $4.9 billion annual budget for research and development, Siemens remains a leader in the development of new technologies and in the enhancement of existing ones. Siemens ITS has two main offices ìnAustin, Texas and Concord, California, with additional offices in Arizona, California, Georgia, Florida, Massachusetts, New York, Oregon, Texas, and Utah. Siemens ITS & Temple, Inc.. Page 5 of 24 Agenda Item No. 16B7 Exi-1~f8~~ Collier County S C 0 or Ad aptlve Co ntro I Pro posa I October 2004 Scope: SCOOT is used in more than 1.00 capitals and major cities worldwide ......-', Collier County Traffic Operations Department has requested Temple Inc.} and Siemens ITS to submit a formal proposal to install SCOOT Advanced Adaptive Control System at fourteen (16) intersections along the Pine Ridge corridor with plans to expand the system to other intersections throughout the County when travel time benefits are realized. SCOOT 'is an adaptive system that responds automatically to traffic conditions. It does away with the need for signal plans that are expensive to prepare and keep up to date. SCOOT has proven to be an effective tool for managing traffic on signaUzed networks and is especially effective where there is unpredictabLe recurring congestion caused by construction, local. events} accidents or a variety of other incidents, including Hurricane evacuatfons. The SCOOT system wiLl interface with the County's existing Central Traffic Management System (ACTRA) and is compatible with the existing local intersection controller firmware (SEPAC). This proposal will address the initial sixteen (16) intersections and will also include the components needed for the complete implementation and validation of the system. This proposal will NOT include the vehicle detection component of the system since County is stilt in the process of evaluating the best detection methodology to use as inputs to the system. However} Siemens and Temple has had very good results with the RTMS wireless non-intrusive microwave vehicle detector which could be used to reduce the project life-cycle costs. This proposal is for a Countywide SCOOT license for up to 300 intersections and also offers an option for ASTR1D a INGRID which are detailed in this document. MethodologV The kernel software at the heart of a SCOOT system is standard for aU installations. The additional software which links the SCOOT kernel to on-street equipment and which also provides the user interface is supplier-specific. SCOOT obtains information on traffic flows from detectors. As an adaptive system, SCOOT depends on good traffic data so that it can Siemens ITS & Temple, Inc.. Pag.e 6 of ,24 SCOOT constantly adjusts to changing traffic Agenda Item No. 1687 EXFfMf9i~~ Collier County SCOOT Adaptive Control Proposal October 2004 respond to changes tn flow. Detectors are normally required on every significant link. Their location is important and they are usually positioned at the upstream end of a link, but other methods are also possible. When vehicles pass the detector, SCOOT converts the information into 'link profile units' (LPU), a hybrid of link flow and occupancy. This is the unit used by SCOOT in its catculations. Cyclic Flow profiles of the LPUs are constructed for each link. Frequent but small changes in traffic parameters allow SCOOT to constantly adjust to the changing environment without disruptive, abrupt changes occurring. In order to achieve this goal, a 100- intersection network, for exampLe, will make over 10,000 decisions per hour. SCOOT has three optimization procedures by which it adjusts signal timings - the Split Optimizer, the Offset Optimizer, and the Cycle Optimizer. Each optimizer estimates the effect of a small incremental change in signal timings on the overall performance of the region's traffic signal network. A performance index is used, based on vehicle delays and stops on each link. The Split Optimizer works at every phase change by analyzing the current split timings to determine whether the split time should be advanced, retarded, or remain the same to achieve the degree of saturation. Split changes are in increments of ± 1 or 4 seconds. The Offset Optimizer works once per cycle for each intersection. It operates by analyzing the current situation at each intersection using the cycle flow profiles predicted for each of the links with upstream or downstream intersections. It then assesses whether the Siemens ITS & Temple, Inc.. Page 7 of 24 SCOOT maintains constant coordination of the traffic: network Agenda Item No. 16B7 Ex~.fo;¡g~ Collier County S COO T Ad apt iv e Con tr 0 I Pro p 0 s a I October 2004 existing offset time should be advanced, retarded, or remðin the same. Offset changes are also in±4 seconds intervals. The Cycle Optimization operates on a region basis once everyffve minutes or every two and one-half minutes when cyde times are rapidly changing. It identifies the '''critical intersection to within the region) and will attempt to adjust the cycle time to maintain this intersection with 90% link saturation on each phase. If it calculates that a change in cycle time is required, it can increase or decrease the cycle time in 4, 8, or 16-second increments depending on the current cycle time value. By the combination of relatively small but frequent changes to cycle ¡offset, and split, SCOOT can respond to short term local peaks in demand, as well as following trends over time, maintaining constantcoordjnatioll of the signal network. Over~$aturated Conditions SCOOT has several methods with which to handle over-saturated conditions. These include: · Congestion importnnce factc}/1j I congestion anset per lìnk, · CQngestion links with congestion .import<\nce tactot'$, · Gating, · V ¡¡r¡able Intersection Based Target Saturation for c:yde time optimization. A Congestion Importance Factor is specified for each link. It is used to influence Split calculations in favor of the link,. when congestion is detected. Another factor1 Congestion Offset, is a fixed offset, specified by the Traffic Engineer, to be used in congested conditions. Congestion Weighting Factor allows the engineer to specify the importance of achieving the Congestion Offset. Gating1 or action at a distance¡ allows the restriction of the green times of the entry links to the congested area. Or, exiting Links downstream of a congested area may be granted more green time to allow traffic to clear. Cycle Optimizer normally uses 90% as its target saturation level (80% when the ''Trend flag" is set, to gtve more rapid response). Intersection~based target saturation levels may be set by the Traffic Engineer, whereby a low threshold value wUl produce early increase in cycle time, and a high threshold value will allow an early drop in cycle time at the end of peak period. Siemens ITS .& Temple, Inc. Page 8 of 24 Agenda Item No. 1687 E X~~1 '(1' ~~ C 0' Ii e r Co un t y SCOOT Adaptive Control Proposal October 2004 L ... . _ Optional SCOOT Features ASlRlD Data used by the SCOOT model in the optimization process such as stops, delays, flows and congestion Levels, are available to the user through the ASTRID (Automatic SCOOT Traffic Information Database) database system, which automatically collects, stores and processes traffic information for display and analysis. When a detector fails and link data cannot be coHected in real-time, historical link data from ASTRID can be used by the SCOOT optimizers to maintain a high Level of system efficiency. INGRID The INGRID (INteGRated Incident Detection) system was developed to automatically detect traffic incidents in urban areas. The system uses information from SCOOT and the ASTRID database to compare current conditions with historic values. Information provided by INGRID includes tlmeof incident, duration, location, area affected, severity, and confidence leveL BU$ Priority Two approaches to bus priority are available with this system: .. LocaJ-based priority; .. SCOOT~bascd priority. One, both, or neither of these approaches can be implemented asa part of the system. If SCOOT-based priority is the desired approach, it can be implemented on aU SCOOT-capable intersections, while other system intersections simply utilize Local-based priority. The two approaches are discussed below. Local PriQrity Siemens ITS' controllers provide up to six (6) preemption (high Level) and six (6) priority (low level) routines. When the local equipment detects an approaching bus, it sends a request to the local controller to initiate the appropriate priority routine. This routine determines the current signal phasing, evaluates the direction of travel and whether the priority is for the main street or the minor street, and executes the preprogrammed response. Siemens ITS & Temple, Inc.. Page 9 of 24 """"'"",."""·'_"ll'"'O"""~"."","","__¡¡,'~"II/iII"~..,,,,,,".,,,.;,,,,,,,,..,,,',,,,, SCOOT optimization routines can give priority to buses Agenda Item No. 1687 EX. Åmfz j.g~ Collier County S coo T Ad apt. v e Con t r 0 1 P ro po sa I October 2004 The most popular priority control system is 3M's Opticom™. A bus-mounted unit emits a signal to a detector on the ma.st arm at the intersection to signify an approaching bus. The intersection phase selector then outputs a signal to the controller. Priority requests are sent to the central system} togged, and reported. The system is simple, reliable, and self-contained at the intersection. A notification to the central system that a priority has occurred is the only communication necessary. AU functionality is managed locally. SCOOT-Based Priority SCOOT is able to specially accommodate buses within its normal optimization routines. Bus priority may be provided by green extensions, stage recalls, or either. An extension is given when a detected bus could be served by an extension of the current green. A fecaH is implemented when a detected bus is expected to arrive at the stop..Uneat a red light (i.e., the signal is currently red or a maximum length extension would not be sufficient to serve the bus in the current stage). In this case,t the intersection cycles. as quickly as possible to return to the bus stage. It should be noted that there is no guarantee of priority to buses at an intersection. With each split decision, SCOOT will stiU take into account the percent saturation of aU approaches, and will still maintain the principle of small but frequent changes. The detection of a bus merely gives a higher priority to that stage. This is in contrast toa fuU over- riding priority system that is constrained only by maximum and minimum stage lengths. Buses may be detection by either static means (e.g.) loop detectors, 3M Opticom) or via an Automatic Vehicle Location (AVL) system. Local priority is robust because it does not depend on the central system tòop·Placement ' Loop Dimensions Le'ngth A SCOOT detector loop should be rectangular in shape. The loop should be 2 meterS' long in the direction of travel. This dimension is the most important since the loop length affects Siemens ITS & Temple, Inc. Page 10 0124 Agenda Item No. 16B7 E X f·n~~3 f~~ Collier County SCOOT Ada p t ¡ v e Con t r 0 I Pro p 0 sa I Oct () b er 2 0 0 4 the duration of the puLse which is seen by the detector and hence the number of quarter second intervals of loop occupancy which is fed into the ATMS computer~s S.COOT model. Width The width of the loop is not criticaL but should be at least 1 meter wide; in extreme circumstances 0.8 meters wide may work. The loop should not be more than 5 meters wide. Position Relative to lane Edges The inner edge of the loop should be sIted 1.5 meters from the curb, and the outer edge, 1 meter from the outer edge of the lane. Adjacent, i.e. side~by-side, loops should have at Least 2 meters between them. Distance fram the Stop Una The distance of the loop from the stop line should be such as to, ideally, give a journey time of at least 7 seconds. A journey time of 4 seconds is the absolute minimum. A typical distance from the loop to the stop line would be 100 meters. If the Unkis an entry Link and the road is busy, 150 meters would be more suitable. MuJti~lone Approaches to the stop Une A two-lane approach witt have a single Loop spanning the 2 lanes. With a 3·Lane approach, one loop should span the inner lanes and a second loop should be in the third lane. A 4-lane approach should have 2 loops, with each loop spanning 2 lanes. fitters A filter loop is sited on the far side of an intersection so as to, historically, measure the traffic crossing the stop line. Such a loop may also be used as a normal link for the next (downstream) junction. Non·loop SCOOT Detectors Where infra-red or video detectors are usedìn-place of Loops for SCOOT purposes, the positioning should follow the same basic rules, except that separate detection zones should be used per lane (instead of one per two lanes) and the shape of the detection zone should resemble a rectangular loop as far as possible. '·Oli·d· ··a· fj·on· ... ..... .~... . This section describes the requirements for the validation of SCOOT within a network controlled by an ACTRA system. Siemens ITS & Temple, Inc. Page 11 of 24 Agenda Item No. 16B7 Ex~.f4i~~ Collier County S COO T Ad apt i v e Co. n t r a Pro. po. s a I October 2004 This document describes the three phases of validation and divides the activities into different groupings. This can then enable both potential and current SCOOT users to understand the different phases of validation and to select the level they require when ordering validation services. The document also indudes the consequences of not performing a full valtdationexerdse. General Description SCOOT is the adaptive traffic control strategy used within ACTRA. it is a mathematical model of a traffic network, which runs in real· time using various data inputs from the real world (e.g. detectors). The user is required to set up configuration data for SCOOT. This data is required so that SCOOT can have as accurate a view as is possible of the network in question. Hence, the data includes items such as regions, inter5ections(to represent junctions and pelicans (pedestrians in US English», stages, Links and detectors. Each of these items then has a number of parameters associated with it, which further refine the definition of the network. All these parameters need to be set up in advance of the full implementation of SCOOT, but not aU values can be established from existing data records. Validation is the 3-phase process that completes the setting up of the data described above. For a numbér of parameters, it is necessary to observe behavior on-street before assigning values within the system. The various processes involved and their phasing are the subject of this document. Completion of the validation exercise on a network means that SCOOT wnt then be able to control traffic in an effective manner. It is possible to use SCOOT without completing aU of the phases, although the effectiveness may then be reduced. The remainder of this document therefore describes all the processes, divides them into a number of steps (which are shown as optional where appropriate) and draws conclusions. Introduction The data items) which need to be evaluated during validation and the methods to be employed, are aU comprehensively described both in the STCL SCOOT User Guide and the SCOOT Traffic Handbook produced by TRL. Where appropriate, some of this detail will be repeated here to assist in the understanding of the processes. There are 3 main steps to the validation process as follows: Siemens ITS & Temple, Inc. Page 12 of 24 Agenda Item No. 1687 E X f.i1~ fs f~~ Collier County SCOOT Adaptive Control Proposal October 2004 · Link Validation · Network Validation · Customizing Where possible, a rough guide is given to the time required for each. These times may be insufficient jf validators are inexperienced or jf some or aU of the foUowing validation aids are not available: · Roving terminal · Link. intersection and region validation displays · OTU and plan monitor displays · On-line plan and database preparation Unk Validation -Essential Link validation is the basic and most significant element of the process, both in terms of time taken and results achieved. The aim is to consider each link in turn and establish a number of parameters, which together will enable the link to be modeled correctly in isolation (i.e. with no reference to the behavior of other links or intersections). The parameters to be established are: · Cruise time from loop to stop-line · Clear time for a maximum queue · Green Start Lag · Green End Lag . Default 0 rfset . Saturation Occupancy The first 5 parameters are established by observation only (i.e. do not require any interaction with the ACTRA system). Saturation occupancy, however, requires constant interactiQn with the ACTRA system and is an iterative process where the correct value is obtained by progressively amending a best guess start value until the SCOOT modeL matches the street observation. Depending on the complexity of behavior on a link, the prevafling traffic conditions at the time(s) of validation, the equipment available for providing the ACTRA system interaction and the experience of the personnel, the link validation process can take between 1 and 3 hours per link. The process may need to be Siemens ITS & Temple, Inc.. Page 13 of 24 Agenda Item No. 1687 E X ffi~f6 f~~ Collier County SCOOT Adaptive Co n tro I Pro po s al October 2004 repeated at different times of day if the traffic behavior is significantly variab{e. Network Validation Network validation is concerned with the behavior of a SCOOT region as a whole. It is a process. that is performed following completion of all link validation. The purpose is to observe the operation of links and intersections whilst under SCOOT control and to identify and correct any inaccuracies I inefficiencies caused by the combining of links which were not apparent during link validation (perhaps due to different times of day or different traffic conditions) . It is normal to observe the behaVior in this way at 3 times of day} namely morning} evening and off-peaks. The results of the observations may mean the altering of some parameters. In addition} it may become dear that some parameters need to be variable by time of day and hence should beindudedin the ACTRA system timetabLe. Network validation requires considerable experience in SCOOT implementation. It is important that the engineer(s) involved are familiar with many aspects of SCOOT operation and can quickly collate and assess several data values to determine problems and formulate solutions. Due to the variabLe nature of this function, it is difficult to determine in advance how long it will take. However, for an average"sized region, the bounds might be from half a day in a simpLe case to 2 days in a complex case. Customiz.ing Customizing is an optionaL process, which may need to be performed after completion of network validation. The occasions when this activity may be required are when the nature of the network requires SCOOT to be biased in order to achieve a particular effect. An example of this might·be a major arterial where effective progression inbound or outbound is required at peak times. Customiz.ing involves making use of features both within SCOOT and within ACTRA to achieve the desired effect. Examples of features that might be considered are: . Setting Split Weigbtings . Setting OffsetWeìghtings Siemens ITS & Temple, Inc. Page 14 of 24 Agenda Item No. 1687 EX1-1mfi~~ Conier Co U nty SCOOT Adaptive Control Proposal October 2004 · Setting congestion importance factors · Choosing when trend and fast down flags should be set · Determining forced intersection single/double cycling status · Determining artificial minimumlmaximum stage lengths . Detemlining maximum allowable cycle time by intersection and region · Establishing time of day default stage lengths · Establishing time of day intersection start~up times · Detenníning when intersection transfers are required · Determining when removable stages should be removed · Establishing when alternative translation plans are approptiate · Introducing gating strategies tt is essential that engineers with experience and understanding of the above features are involved in customizing. As with network validation, this exercise can be very variable depending on the network concerned. In this instance, it is not sensible to estimate the time required. Recommendations In general, it is recommended that aU 3 phases of validation be performed. This will ensure a successful implementation of SCOOT. However, it is not always possible to allocate time and resources for this. If the customjzing element is not carried out, the likelihood is that the network wilt still perform well} especially if there are no particularly uOl.Jsual features present. It may be deemed satisfactory for performance to be reduced on occasions given that for the majority of the time it is good. If both the customizing and network validation elements are not carried out, this may lead to more significant disadvantages. Many intersections may operate satisfactorily in isolation or together at most times of day. However, the overall network performance is likeLy to be reduced and, with a more complicated networK, this may cause significant problems. It would not be unusual in these circumstances for SCOOT to perform worse than other controL methods (e.g. fixed time plans or VA). Hence, it is strongly recommended that only in the most straightforward of circumstances should SCOOT be implemented after only l1nk validation. Siemens ITS & Temple, Inc.. Page 15 of 24 Agenda Item No. 16B7 EXf1mf8ig~ Collier COLA n t y S COO T Ad apt I v e Can t ra r Pro p 0 S a I October 2004 :Projecf Tasks included in this proposal PHASE I: SCOOT kick-off and detector surveys Phase I will consist of a kick off meeting and project review and will also include detector placement seLection Long the corridor. This phase will require Siemens UK and TempLe personnel to be on site. This phase win be scheduled within 4 weeks of the Notice-To- Proceed (NTP). All hardware required for the project will be agreed upon by the County Personnel and wiU be ordered for the project as part of Phase I PHASE Ii: Field Equipment Installation The field equipment implementation approach includes the following key elements. This phase is to be performed by County personnel with the support of TempLe personnel. 1. Translate and pre-load al4 existing intersection timing data into the SCOOT ready M52 controllers with bunt-in fiber modems and portable laptop computer(s); prior to instaHing in the field. The internal fiber modem will be used for ACTRA and the existing extemallFS fiber modem will be used for SCOOT communications. Verify intersection operatìon prior to SCOOT being connected. 2. Test communications cables and modems to ¡nsure proper operation of the ACTRA system. 3. Replace existing controllers along the corridor. Proceed to the next intersection on the same communication channel until aU localcontroUers on the channel have been rep'aced~ 4. Rack for SCOOT Alpha server will be delivered to the County office in Phase I along with a1l the peripheral equipment. Temple personnel will install and rack and peripheral equipment. 5. County personnel to arrange for the placement of rack and workstation. PHASE III: Cantroœ and workstation The DEC Alpha Central Server and workstation installation and configuration. This Phase will be performed by Siemens ITS and Temple personnel. Siemens ITS & Temple, Inc. Pa.ge 16 of 24 Minimal disruption to traffic during imptementation Agenda Item No, 1687 E xif¥;l\ï9 ~~ Collier County SCOOT Adaptive Control Proposal Oct 0 be r .2 004 The central equipment implementation approach indudes the following steps: 1. Dee Alpha Central Server and workstation wiH bè delivered to Siemens ITS in Austin for ACTRA/SCOOT integration and test. 2. Tested Central server and workstation to be delivered to the County. 3. Set up and program area graphics, intersection graphics, and other special functions into the system; 4. Install and thoroughly test all central and remote hardware; 5. Vehicle Detector placement and verification to be performed by Siemens personnel. Within 3 weeks of Phase III being complete, Phase IV 8: V will be scheduled and will run concurrently until the project is complete. PHASE IV: SCOOT vaUdatlon & Training VaUdation is a three~step process and is critical to the successful operation of a SCOOT system. SCOOT is a highly sophisticated toolbox, able to optimize flow in any transportation network. However, every traffic situation is unique in some way and the model is only as good as the information it receives. Therefore, it is important to accurately measure the necessary SCOOT parameters and fine tune the system to achieve the specific objectives of the situation at hand. This section is concerned with this process. VoUdcmons Everything in this section is described in detail in the STCL SCOOT User Guide, which wiU be provided as part of the documentation for this project. The three main steps to the valfdation process are: Link ValidatioTl Network Validation Customizing Siemens ITS & Telnple, Inc.. Page 17 of 24 ,.,- Agenda Item No. 16B7 EXJ.1m t'Ò jg~ CoUier County S coo TA dB P tl v 8 Control Pro p 0 ¡¡ a I October 2004 VaHdation is typicalLy done on the street using a laptop computer with a cellular modem dialed into the SCOOT workstation at the central office. Qualified and experienced EAGLE/Siemem; and STet engineers wilL perform aU validation procedures. Link Validation link validation is the basic and most significant eLement of the validation process, both in terms of time taken and resuLts achieved. The aim is to consider each link in turn and estabUsh a number of parameters, which together wiH enable the link to be modeled correctLy in isolation (i.e., with no reference to the behavior of other Links or intersections). The parameters to be established are: DFOF - Default Offset mYT -Journey time from the detector to the stop-.Tine: QC\.1Q - Queue clearance time for a maximumqucuc (queued over the upstream dett;ctor) Sl.AG - Green Start Lag ELAG - Green End Lag STOC - Saturation Occupancy The first five parameters are established by observation only (i.e., they do not require any interaction with the SCOOT system). The calibration of saturation occupancy, however, requires a phone connection with the SCOOT system, Based on the engineer's current estimate of STOC, the SCOOT model performs its calculations and makes its predictions as to arrivals and queue lengths. This is then compared to what is actually observed on the street in each cyde. The final STDe value is obtained by interactively updating the current estimate until the modeL's predictions converge with the true traffic behavior. The link validation process is relatively straightforward and typically takes between one and three hours per link. The process may need to be repeated at different times of day if the traffic behavior is significantly variable. Ne<twork Validation Network vaUdationis concerned with the region-wide behavior of SCOOT and is performed following the completion of Link validation. Its purpose is to observe the operation of links and intersections while under SCOOT controL and to correct any inefficiency in the interaction of adjacent lfnks that may not have been apparent during link validation. Siemens ITS & Temple., Inc. Page 18 of 24 Agenda Item No. 1687 E X fr,~~t' f~~ Collier County SCOOT Adaptive Control Proposal October 2004 It is best to observe the model's behavior at three different times of day, namely the morning, evening and off-peak periods. These observations may lead the engineer to conclude that some parameters should be adjusted. In addition, it may be decided that some parameters should vary by time of day.. Due to the variable nature of this function, it is difficult to estimate the time required. However, for an average-sized region, it may take half a day in a simple case to as long as two days if complexities arise. Customizing Customizing is required to use SCOOT to its fuUest capabilities. This is typically done when the nature of the network requires the engineer to bias the SCOOT optimizers in order to achieve a particular effect. An example of this might be a major arterial where effective inbound or outbound progression is required at peak times. The foUowing are some options available when customizing a SCOOT system: Setting split weìghlings Scnìng off.<ret weightings Setting congestion importance factors Clwostng when trend and j¡st down fl<lgs should be 5L"t Dctel111Îtling forced intersection sìnglc!dt)Ublc cyding status Determining artilkial mìnimumimaximum sInge lengths Determining maximum allowable cycle time by intersection and region Establishing ¡ime of day defauJt stage lengths EstabJishing time of day ìntt'11icction start,np limes Determining when intersection transfers arc required Dett~m¡níng when removable slages should bt: removed Estab1íshing when ahcrnatìvc tr,msJation plans arc ¡¡ppropriatc Introducing gating strategies Most of the customizing work can be done in the control center following on-street observation, but it may be necessary to dial in +rom +he st"ee+ ..0 "''"'''e'He ..he ·m-eA¡·....e e~f"""'''''' O~ Ch",O ge" ¡ 1.. I . I .. \. VU.:J, I Y 1.1 I II I I U O\. I ç......;> , II<:U ;;'>. Customizing may be an on-going process, depending on the nature of the system and the desire of the City Engineer to make changes to the system once installation is complete. The Saturation On-line Flow Technique (SOFT) makes use of existing SCOOT detectors downstream of the stop line to calculate the Sien1enslTS& Temple, Inc.. Page 19 of 24 __"""_"~"";.""",'"'."M",.._"";"";._·,._"","",.,,,,.,,,,"___'."'""_"'""'""";_",,,",,,,,,;';;"~."" Agenda Item No. 16B7 E X f.f';JJ~t2 i~~ Collier County SCOOT Adaptive Co n tro fPro po sa I October 2004 discharge rate from the stop Line, i.e., the saturation occupancy (STOG). This feature can reduce the time required for validation. It is also useful in cases where the STOC value is affected, such as when an incident occurs, as it can modify this value in real time. TRAINING SCOOT Training will take place after aU the system validations are complete. All documentation and manuals will be available and distributed during system implementation. Siemens ITS & Temple, Inc~ Page 20 of 24 Agenda Item No. 16B7 EXJ1~f3~~ Collier County SCOOT Adaptive Control Proposal Oct 0 b e r ;2 00 4 _øsl p. ro P.O.. SO. I _ NOTE: Cost proposal based on deploying Sixteen (16) Intersections along the Pine Ridge Corridor including all validation steps: CENTRAL HARDWARE - SCOOT COMM SERVER SCOOT DEC ALPHA SERVER CYCLADES PORT EXPANDER DELL RACK X~VISION CABLES LAPTOP WI CELL MODEM $ 58,000.00 COUNTYWIDE SCOOT LICENSE FEE Fee for the first 20 intersections . Per Intersection o $594.00 per intersection controller by the same SCOOT system after the first 20 intersections. o Validation services and communications hardware would be quoted on an intersection by intersection basis. $125,000.00 SYSTEM INTEGRATION fa: CALIBRATION Includes 16 Intersection diagrams Includes 3 iegional Maps Vehicle detection survey (14 Intersections) Intersection Data Entry Installation ft Sy'Stem Testing . Graphics preparation . Three (3) Phase System validations $413,692.00 Siemens ITS & Temple, Inc.. Page 21 of 24 Agenda Item No. 16B7 E X f.fl~~ 1f4 ¡:~~ Co Iii e r Co u n t y SCOOT Ad ap t j v e C on t r 0 I Pro p os a , October 2004 o As detailed above - Detector Survey - SCOOT Training - Cellular Phone - Two (nve day visits first year) MAINTENANCE AGREEMENT $ 54,000.00 - One (1) Additional Five day trip per year - UnLimitedemail &. Telephone support I TOTAL SCOOT IMPLEMENTATIO~ COST $650,692.00 I OPTIONS: ASTRID I INGRID (price with initial order) fTOTAl WI~H ASTRJD/INGRID OPTIONS INCLUDED OTHER OPTIONS: WIRELESS EIS MICROWAVE RTMS Vehicle Detectors $ 4,400.00 WIRELESS SPIDER Controller $ 2,300.00 (One unit required for 8 lanes (SSO/lane) therefore approximate detection cost would be approximately $61,600 + 32,000 (spider) + InstaUation on existing poles). No loops or lead-in funs would be needed, this would be a completely wireless detection solution). final cost estimates would be based on the number of detection zones required after Phase I sensor evaluation was completed.) $ 21,272.00 $611,964..00 (Optional) 5 day on-site support trips if required - Siemens fTS/UK personnel on-site o $17,067.00 - Siemens tTS(US) personnel on-site o $7,710.00 Siemens ITS & Temple, Inc.. Page 22 of 24 Agenda Item No. 1687 Exfï_f5j~~ Collier County SCOOT Adaptive Control Proposal October 2004 Temple personnel on-site o $6,950.00 PAYMENT TERMS: Invoice will be submitted to Bob Tipton for approval after each Phase of the project is completed. 80th cities estimated that their SCOOT system paid for itself in less than 18 months SCOOT has proven to be an effective tool for managing traffic on signalized networks and is especially effective where there is unpredictabte recurring congestion caused by construction, local events, accidents, emergency evacuations Of a variety of other incidents. Every SCOOT deployment throughout the world has yielded benefits to the respective implementations, however these benefits have varied in each scenario because of the differences in the originaL conditions of the corridor and Local traffic patterns. Toronto undertook a major before-and-after survey when their initial SCOOT system was installed. Overall Toronto showed an 8% reduction in travel time, a 22% reduction in vehicle stops and a 17% reduction in vehicle delay. Different Authorities measure performance in different ways. For example, Sao Paulo in Brazil measured a 19% reduction in accidents when they implemented SCOOT. Another issue which should be considered is that SCOOT will also adapt in unexpected or abnormal circumstances. A survey may not show the benefits of SCOOT adapting to unplanned events such as an accident or hurricane evacuation. Toronto found the biggest traffic improvement with SCOOT was its ability to adjust for the outflow from the SkyDome stadium after a basebaU game the timing of which was not easy to predict. There are economic benefits to the improvements in travel time, reductions in delay etc. Both Southampton and Toronto equated their reduction in delays to a reduction in gasoUne consumed and thus to an economic benefit to the community. Both cities estimated that their SCOOT system paid for itself in less than 18 months. Other Cities equated the reduction in delays to reduction in personal delay costs and reduction in wasted fuel cost and using Siemef1S ITS & Temple, Inc.. Page 23 of 24 Agenda Item No. 1687 EX~~\t6ig~ Collier County S COO TAd ap tf v e Con t r C) 1 P ro p 0 S a I October 2004 conservative estimates figured their benefit! cost ratio was approximately 12.28%. Based on the FHWA's report on Adaptive Control which summarizes between 15% and 20% reduction in deLay when using adaptive tr(iffic control compared to optimized time-at-day plans, Collier County could achieve similar economic improvements and reductions in delays with the deployment of SCOOT. It should be noted, however, that beyond the findings noted above, SCOOT provides other benefits. For example, during incidents or special eventsJ the SCOOT system is effective at managing unpredictable traffic flows which would be beneficial during an Hurricane Evacuation. As times passes, existing timing plans will become more outdated, whereas the SCOOT system wilt continue to update itself, thereby keeping the system more efficient and data collection costs down ìn years to follow. Siemens ITS & Temple, Inc. Page 24 of 24 PHASE VIIb VIlla VIlIb VIlle Agenda Item No. 1687 January 25, 2005 spur-CYCLE OFFSET OPTIMIZATION TECHNIQUE [SCOOT]: PROJECT SCHEDULE (#60172-4) Page 37 of 37 DETAILS I Reasearchlng technologles II Proposal submitted 1lI Contract Negotiation IV Board Approval 1/25/05 Va Notlœ to Proceed 2/28/05 Vb Loop Locations VI Field Hardware, Loops, Central Site Complete VIla Link & Network Validation Complete System Validation Complete VIIe SCOOT CUstomizatlon and Training Conditional Acœptanœ Testing Begins Conditional Acœptance Anal Acceptance FY 02/03 I FY 03104 2003 2004 ] F M AM] ] A SON D ] F M AM] J A SON i I I I i I ¡ I I I i I ¡ I I I I I i ì 'II' ¡ i i TIT' I ¡~~I~! j i i ! I I~ . - . . , ! ; . I I · , · ; : · · · · . I · . · . · . II ; i . - ! ! i ; . I' : -¡ . : . . . · . · I . . i , . · . : : · · : i ; I : · : . · FY 04/05 2005 D ] F M AM] J A I I I I I 1 iG£ I ~ ; . I : : · . [;j : , : ; -~ · ~] : I , . . . ~ I ' , ; . I , · . . . i! i Print Date: 1/10/2005 I FY 05/06 SON D I I . . ¡ . ~~ E Q i F\1Ì 1m I Agenda Item No. 1688 January 25, 2005 Page 1 of 10 EXECUTIVES~Y Recommendation to approve a South Florida Water Management District Local Governmental Grant Agreement No. OT050869 in the amount of $170,000 for partial funding of the 2005 Australian Pine Tree Removal Program OBJECTIVE: To receive approval of a South Florida Water Management District Local Governmental Grant Agreement No. OT050869 in the amount of $170,000 for partial funding of the 2005 Australian Pine Tree Removal Program. CONSIDERATIONS: On November 16, 2004, the Board of County Commissioners approved submittal of a grant application to the South Florida Water Management District (SFWMD) for funds to offset the cost of the 2005 Australian Pine Tree Removal Program. Funds in the amount of $500,000 were allocated to Collier County for this year's round of grants from SFWMD. Of the $500,000, $170,000 was awarded to the Transportation Division for this project. Exotic vegetation eradication is a resource enhancement and enhances flood control and stonnwater management by improving the existing conditions along hundreds of feet of canal bank. Removing the threat of trees blowing over during a storm event causing major flow restrictions in adjacent canals and ditches is one of the main points of this project. Removal of exotic plants also eliminates seed sources decreasing the rate of propagation of these undesirable species. ,,- The project must be completed within one year of execution of the agreement. FISCAL IMP ACT: The total grant funding is $170,000. A budget amendment is needed in the amount of $120,000.00 to increase revenues and expenditures in the Australian Pine removal project. The matching funds are budgeted in FY 05 County Wide CIP Fund 301, Project 51501. GROWTH MANAGEMENT IMP ACT: The Australian Pine Removal project is in accordance with the goals and objectives of the Drainage Sub-element of the Growth Management Plan. RECOMMENDATION: Approve the attached South Florida Water Management District Grant Agreement No. OT050869 in the amount of $170,000 for partial funding of the 2005 Australian Pine Tree Removal Program and approve any necessary budget amendments. PREPARED BY: Margaret Bishop, Project Manager, Transportation Services Division, Stormwater Management Department. ,- Ildll:>J.lVIUUtl.,;;)t!fVIf".,t::::, IIc:U1:::JfJUrldUU11 MUIIIIJII:>UC:UIVII I/IU/-'UU;:J U.U I rlw. Approved By Gloria Herrera ManagementlBudget Analyst Date Transportion Services Transportation Operations 1/11/20058:54 AM Approved By Ricardo Valera Director Date Transportion Services Road Maintenance/Stormwater 1/11/20059:18 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportion Services Transportation Services Admin. 1/11/20059:34 AM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 1/12/20058:42 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1/13/20059:08 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 1/18/20055:21 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1/19/20051 :06 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1/19/20054:20 PM 8 Agenda Item No. 1688 January 25, 2005 Page 3 of 10 ORIGINAL SOUTH FLORIDA WATER MANAGEMENT DISTRICT LOCAL GOVERNMENTAL AGREEMENT AGREEMENT NO. OT050869 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND COLLIER COUNTY THIS AGREEMENT is entered into as of the the South Florida Water Management District (DISTRICT) and Collier County ( COUNTY). by and between WHEREAS, the DISTRICT is a public corporation of the State of Florida, created by the Florida Legislature and given those powers and responsibilities enumerated in Chapter 373, Florida Statutes, to include entering into contracts with public agencies, private corporations or other persons; and WHEREAS, the DISTRICT desires to provide financial assistance to the COUNTY FOR 2005 Australian Pine Tree Removal Program; and WHEREAS, the COUNTY warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this AGREEMENT; and WHEREAS, the Governing Board of the District at its January 12, 2005 meeting, approved entering into this AGREEMENT with the COUNTY; and NOW, THEREFORE, in consideration of the covenants and representations set forth herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. The DISTRICT agrees to contribute funds and the COUNTY agrees to perform the work set forth in Exhibit "A" attached hereto and made a part hereof, subject to availability of funds and in accordance with their respective authorities for removal of Australian Pine trees growing along the canal banks. 2. The period of perfonnance of this AGREEMENT shall commence on the date of execution of this AGREEMENT and shall continue for a period of One (1) year. 3. The total DISTRICT contribution shall not exceed the amount of One Hundred Seventy Thousand Dollars and No Cents ($170,000.00). The DISTRICT will provide the full amount based on the Payment and Deliverable Schedule set forth in Exhibit "B", which is attached hereto and made a part of this AGREEMENT. The DISTRICT's contribution is subject to adequate documentation to support actual expenditures within the not-to-exceed AGREEMENT funding limitation of $170,000.00. In no event shall the DISTRICT be liable for any contribution hereunder in excess of this amount. If the total consideration for this AGREEMENT is subject to multi-year funding allocations, funding for each applicable fiscal year of this AGREEMENT will be subject to Governing Board budgetary appropriation. In the event the DISTRICT does not approve funding for any subsequent fiscal year, this AGREEMENT shall terminate upon expenditure of the current funding, notwithstanding other provisions in this AGREEMENT to the Agreement No. OT050869 - Page I of 5 Agenda Item No. 1688 January 25, 2005 Page 4 of 10 contrary. The DISTRICT will notify the COUNTY in writing after the adoption ofthe [mal DISTRICT budget for each subsequent fiscal year if funding is not approved for this AGREEMENT. 4. The COUNTY shall submit quarterly financial reports to the DISTRICT providing a detailed accounting of all expenditures incurred hereunder throughout the tenn of this AGREEMENT. The COUNTY shall report and document the amount of funds expended per month during the quarterly reporting period and the AGREEMENT expenditures to date within the maximum not-to-exceed AGREEMENT funding limitation. 5. The COUNTY shall cost share in the total amount of $ (N/A) in conformity with the laws and regulations governing the COUNTY. 6. All work to be perfonned under this AGREEMENT is set forth in Exhibit "A", Statement of Work, which is attached hereto and made a part of this AGREEMENT. The COUNTY shall submit quarterly progress reports detailing the status of work to date for each task. The work specified in Exhibit "A" shall be under the direction of the COUNTY but shall be open to periodic review and inspection by either party. No work set forth in Exhibìt "A" shan be perfonned beyond the expiration date, unless authorized through execution of an amendment to cover succeeding periods. 7. The COUNTY is hereby authorized to contract with third parties (subcontracts) for services awarded through a competitive process required by Florida Statutes. The COUNTY shall not subcontract, assign or transfer any other work under this AGREEMENT without the prior written consent of the DISTRICT's Project Manager. The COUNTY agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the COUNTY that the DISTRICT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract(s). 8. Both the DISTRICT and the COUNTY shall have joint ownership rights to all work items, including but not limited to, aU documents, technical reports, research notes, scientific data, computer programs, including the source and object code, which are developed, created or otherwise originated hereunder by the other party, its subcontractor(s), assign(s), agent(s) and/or successor(s) as required by the Exhibit "A", Statement of Work. Both parties' rights to deliverables received under this AGREEMENT shall include the unrestricted and perpetual right to use, reproduce, modify and distribute such deliverables at no additional cost to the other party. Notwithstanding the foregoing, ownership of all equipment and hardware purchased by the COUNTY under this AGREEMENT shall be deemed to be the property of the COUNTY upon completion of this AGREEMENT. The COUNTY shall retain all ownership to tangible property. 9. The COUNTY, to the extent permitted by law, assumes any and aU risks of personal injury, bodily injury and property damage attributable to negligent acts or omissions of the COUNTY and the officers, employees, servants and agents thereof. The COUNTY represents that it is self-funded for Worker's Compensation and liability insurance, covering bodily injury, personal injury and property damage, with such protection being applicable to the COUNTY, its officers and employees while acting within the scope of their employment during performance of under this AGREEMENT. In the event that the COUNTY subcontracts any part or all of the work hereunder to any third party, the COUNTY shall require each and every subcontractor to identify the DISTRICT as an additional insured on all insurance policies as required by the COUNTY. Any contract awarded by the COUNTY shall include a provision whereby the COUNTY's subcontractor agrees to indemnify, pay on behalf, and hold the DISTRICT harmless from all damages arising in connection with the COUNTY's subcontract. 10. The COUNTY and the DISTRICT further agree that nothing contained herein shall be construed or interpreted as (1) denying to either party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the State of Florida or its agents and agencies to be sued; or (3) a waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768.28, Florida Statutes. 11. The parties to this AGREEMENT are independent entities and are not employees or agents of the other parties. Nothing in this AGREEMENT shall be interpreted to establish any relationship other than that of independent entities, between the DISTRICT, the COUNTY, their employees, agents, subcontractors or assigns, during or after the term of this AGREEMENT. The parties to this AGREEMENT shan not Agreement No. OT050869 - Page 2 of 5 Agenda Item No. 1688 January 25, 2005 Page 5 of 10 assign, delegate or otherwise transfer their rights and obligations as set forth in this AGREEMENT without the prior written consent of the other parties. Any attempted assignment in violation of this provision shall be void. 12. The parties to this AGREEMENT assure that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age or sex, from participation in, denied the benefits of, or be otherwise subjected to discrimination in any activity under this AGREEMENT. 13. The COUNTY, its employees, subcontractors or assigns, shall comply with all applicable federal, state and local laws and regulations relating to the performance of this AGREEMENT. The DISTRICT undertakes no duty to ensure such compliance, but will attempt to advise the COUNTY, upon request, as to any such laws of which it has present knowledge. 14. Either party may terminate this AGREEMENT at any time for convenience upon thirty (30) calendar days prior written notice to the other party. In the event ofternùnation, all funds not expended by the COUNTY for authorized work performed through the termination date shall be returned to the DISTRICT within sixty (60) days of termination. 15. The COUNTY shall allow public access to all project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the COUNTY assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of ityunctive or other relief as provided by law, shall be upon the COUNTY. 16. The COUNTY shall maintain records and the DISTRICT shall have inspection and audit rights below. The COUNTY shall similarly require each subcontractor to maintain and allow access to such records for audit pwposes: A. Maintenance of Records: The COUNTY shall maintain all fmancial and non-financial records and reports directly or indirectly related to the negotiation or performance of this AGREEMENT including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (5) years from the expiration date of this AGREEMENT. B. Examination of Records: The DISTRICT or designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this AGREEMENT. Such examination may be made only within five (5) years from the expiration date of this AGREEMENT. C. Extended Availability of Records for Legal Disputes: In the event that the DISTRICT should become involved in a legal dispute with a third party arising ftom performance under this AGREEMENT, the COUNTY shall extend the period of maintenance for all records relating to the AGREEMENT until the final disposition of the legal dispute. All such records shall be made readily available to the DISTRICT. 17. Whenever the DISTRICT's contribution includes state or federal appropriated funds, the COUNTY shall, in addition to the inspection and audit rights set forth in paragraph #16 above, maintain records and similarly require each subcontractor to maintain and anow access to such records in compliance with the requirements of the Florida State Single Audit Act and the Federal Single Audit Act, as follows: A. Maintenance of Records: The DISTRICT shall provide the necessary information to the COUNTY as set forth in Exhibit "C". The COUNTY shall maintain all fmancial/non-financial records through: (1) Identification of the state or federal awarding agency, as applicable (2) Project identification information included in the Catalog of State Financial Assistance (CSFA) or the Catalog of Federal Financial Assistance (CFDA), as applicable (3) Audit and accountability requirements for state projects as stated in the Single Audit Act and applicable rules of the Executive Office of Governor, rules of the Chief Financial Officer and rules of the Auditor General and the State Projects Compliance Supplement (4) Audit/accountability requirements for federal projects as imposed by federal laws and regulations (5) Submission of the applicable single audit report to the DISTRICT, as completed per fiscal year Agreement No. OT050869 - Page 3 of 5 Agenda Item No. 1688 January 25, 2005 Page 6 of 10 B. Examination of Records: The DISTRICT or designated agent, the state awarding agency, the state's Chief Financial Officer and the state's Auditor General and/or federal awarding agency shall have the right to examine the COUNTY's financial and non-financial records to the extent necessary to monitor the COUNTY's use of state or federal financial assistance and to determine whether timely and appropriate corrective actions have been taken with respect to audit findings and recommendations which may include onsite visits and limited scope audits. 18. All notices or other communication regarding this AGREEMENT shall be in writing and forwarded to the attention of the following individuals: South Florida Water Management District CoUier County Attn: Ananta Nath, Project Manager Telephone No. (239) 597-1505 ext. 7607 Attn: Margaret Bishop, Project Manager Telephone No. (239) 213-5857 Attn: Rupert Giroux, Contract Specialist Telephone No. (561) 682-2532 Address: Stormwater Management 2685 South Horseshoe Drive Suite 214 Naples, FL 34104 Address: P.O. Box 24680 3301 Gun Club Road West Palm Beach, FL 33416-4680 19. COUNTY recognizes that any representations, statements or negotiations made by DISTRICT staff do not suffice to legally bind DISTRICT in a contractual relationship unless they have been reduced to writing and signed by an authorized DISTRICT representative. This AGREEMENT shaH inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. 20. This AGREEMENT may be amended, extended or renewed only with the written approval of the parties. The DISTRICT shall be responsible for initiating any amendments to this AGREEMENT, if required. 21. This AGREEMENT, and any work performed hereunder, is subject to the Laws of the State of Florida. Nothing in this AGREEMENT will bind any of the parties to perform beyond their respective authority, nor does this AGREEMENT alter the legal rights and remedies which the respective parties would otherwise have, under law or at equity. 22. Should any term or provision of this AGREEMENT be held, to any extent. invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this AGREEMENT, to the extent that the AGREEMENT shall remain operable, enforceable and in full force and effect to the extent pennitted by law. 23. Failures or waivers to insist on strict performance of any covenant, condition, or provIsIon of this AGREEMENT by the parties shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other party from perfonning any subsequent obligations strictly in accordance with the terms of this AGREEMENT. No waiver shall be effective unless in writing and signed by the party against whom elÛorcement is sought. Such waiver shall be limited to provisions of this AGREEMENT specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 24. Any dispute arising under this AGREEMENT which cannot be readily resolved shall be submitted jointly to the signatories of this AGREEMENT with each party agreeing to seek in good faith to resolve the issue through negotiation or other fonns of non~binding alternative dispute resolution mutually acceptable to the parties. A joint decision of the signatoriès, or their designees, shaIl be the disposition of such dispute. 25. This AGREEMENT states the entire understanding and agreement between the parties and supersedes any and all written or oral representations, statements, negotiations, or agreements previously existing between the parties with respect to the subject matter of this AGREEMENT. 26. Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the following order: Agreement No. OT050869 - Page 4 of 5 Agenda Item No. 1688 January 25, 2005 Page 7 of 10 (a) Tenns and Conditions outlined in preceding paragraphs 1 - 24 (b) Exhibit "An Statement of Work ( c) all other exhibits, attachments and documents specifically incoIporated herein by reference IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this AGREEMENT on the date fIrst written above. Date: SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BOARD By: Frank Hayden. Director of Procurement COLLIER COUNTY By: Agreement No. OT050869 - Page 5 of 5 Agenda Item No. 16B8 January 25, 2005 Page 8 of 10 Exhibit "A" Statement of Work Agreement Number OT050869 COOPERATIVE AGREEMENT WITH COLLIER COUNTY FOR PARTIAL FUNDING OF FY 2005 AUSTRALIAN PINE TREE REMOVAL PROGRAM A. Introduction/Background Collier County has requested partial funding for implementation of the County's FY 2005 Australian pine tree removal program. Australian Pine trees are dec1areda public nuisance by Collier County Ordinance 99-51 when located in or adjacent to right(s)-of-way, canal(s), and easements. They are also designated "Prohibited Aquatic Plants" by the Department of Environmental Protection as referenced in Chapter 62C-52, Florida Administrative Code. When growing along a canal bank, Australian pine trees have a tendency to out-grow the support provided by their root system. This situation can pose a threat of personal injury and property damage, as these trees are prone to topple over in moderate to high winds. These trees have the potential to block flows in the drainage system if they were toppled into the ditches or canals. Some Australian Pines have purposely been planted, however most of these trees have established themselves along the high water line adjacent to the secondary drainage system. The damage caused by the recent hurricanes, has increased public awareness of the need to remove Australian Pine trees This project is consistent with the mission of the Big Cypress Basin. Exotic vegetation eradication is a resource enhancement. The degree of enhancement is dependent on the magnitude ofthe removal effort. B. Objectives The objective of the project is the removal of Australian Pine trees along hundreds of feet of canal bank, thereby enhancing flood control and stonnwater management. Removal of these trees will also improve properties by reducing the risk of personal or property damage should these trees topple over in high winds. Removing the threat of trees blowing over during a stonn event, causing major flow restrictions in adjacent canals and ditches, is one of the main points of this project. Removal of exotic plants also eliminates seed sources decreasing the rate of propagation of these undesirable species. Through extensive interaction with property owners adjacent to the work sites many residents have been educated with facts on the exotic vegetation infestation problem within Collier County. The project is based upon matching funds that will come from the County's FY 2005 Budget, Fund #30 I. C. ScopeofVVork Collier County shall remove Australian Pine trees growing along the canal banks. D. Work Breakdown Structure Task I Obtain Quotes fÌ"om qualified contractors! Annual Contract for Countywide Exotic Vegetation Removal Evaluate Proposals, Negotiate Agreement Terms and Conditions Prepare Executive Summary for approval by BCC Commence Construction Final Acceptance Agreement OT050869, Page 1 of 2 Task 2 Task 3 Task 4 Task 5 Exhibit "B" Agenda Item No. 1688 January 25, 2005 Page 9 of 10 Payment and Deliverables Schedule TASK DELIVERABLE $ AMOUNT DATE 1 Mobilization $5,000 May 2005 2 Prepare Staging Areas $2,000 May 2005 3 Tree Removal $133,000 June 2005 4 Herbicide Application $10,000 July 2005 5 Demobilization - Final Acceptance $20,000 August 2005 Total: $170,000 A lump sum amount of $170,000 will be paid to the County upon completion of the tree removal project, and submission of a final acceptance certificate. Agreement OT050869, Page 2 0[2 COL.(')O roO~ (,00- ~N 0 -·0 l~ Q.J t;:c:'OJ Q)C'CC'C .....::JQ.. -c: C'CC'C -0-' c: Q) OJ <C U E- ...... 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"O'-"'u CI.I u .. -O..c: ii = 0 ß$3- .~ Ë .~ ~ >-, g. = ~-;< e'ÿ ..IIi <U = ... &õšo O' ~ .....'èì¡ Þ.u8 CD ...... ...... ..r:::$3¡: C\ -CI)u \0 .;¡....<n 00 .... 0.... 0 ~OI)~ tr) 0 ~..9 8' b ~ $3 0 co '" -= ou... o co ~ 8 ;:::::"C:I.!:: u 11'¡:: = ~ <n£8 -= u u u..c: - 15...;3 ... .... .... ....S 0 go"C:I ....;a u Q. u=] ¡¡j> .;¡co_ ......,0 p" û].S ..8.1:!~ co~"C:I "'0""'0 u 0 g¡ !§~u =""'''c .g~o ~ ... w""¡ f' CL) a -; ~ ~~ o~~ ...\0 p..~ . .,cN~ 0- ~::¡¡;..c: ~/ g. :Ë ...6~ _ Agenda Item No. 1689 January 25, 2005 Page 1 of 28 - EXECUTIVE SUMMARY Recommendation to authorize the Transportation Administrator or his designee to execute the attached Federal Transit Administration Section 5311 grant application and applicable documents, and to accept, on behalf of the County, any such grant awarded OBJECTIVE: To authorize the Transportation Administrator or his designee to execute the attached Federal Transit Administration (FT A) grant application and applicable documents. CONSIDERATION: FT A funds, which are to be used to help provide rural transportation in Collier County, are made available each year through an application process administered by the Florida Department of Transportation (FDOT). As a governmental entity, the BCC is eligible to file the grant application and to continue the public transportation service. -- FISCAL IMPACT: This FY05 grant request of $139,986 will require a 50% "Soft" match. Soft match funds are not additional cash. The soft match amount will be available from County fund (126) to be budgeted for Transportation Disadvantaged trips in rural areas. No new or additional matching funds will be required. GROWTH MANAGEMENT IMPACT: Consistent with Objectives 10 and 12 of the Growth Management Plan. RECOMMENDATION: That the Board authorize the Transportation Administrator or his designee to execute the attached FTA Section 5311 grant application, revise and amend the FY 2005 grant and supporting documents, and approve any budget amendments necessary to receive these funds. Any decision to terminate or othelWise not accept the Grant shall require this Board's prior approval as an agenda item. Prepared by: Lisa Hendrickson, Senior Planner, Alternative Transportation Modes -- I ram;;poruon ;:,ervlces I nunc uperatlonSI A I m Hll1¿UUO ~;uo Am Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportion Services Transportation Setvices Admin. 1/11/20059:39 AM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 1/11/20059:59 AM Approved By Traffic Operations and Alt Trans Modes Diane B. Flagg Director Date Transportion Services Traffic Operations/ ATM 1/11/200512:10 PM Approved By Sharon Newman Accounting Supervisor Date Transportion Services Transportation Administration 1/11/20053:08 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 1/12/20058:50 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1/13/20059:13 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1/14/20052:12 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1/18/20054:48 PM r ..4_ ~"... Agenda Item No. 1689 January 25, 2005 Page 3 of 28 RESOLUTION NO. 2005-_ A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING THE TRANSPORTATION SERVICES DIVISION ADMINISTRATOR OR IDS DESIGNEE TO APPLY FOR A FEDERAL TRANSIT AGENCY SECTION 5311 GRANT, TO REVISE AND EXECUTE ANY REQUIRED DOCUMENTATION, AND TO ACCEPT, ON BEHALF OF THE COUNTY, ANY SUCH GRANT AWARDED. WHEREAS, 49 U.S.C. 5311 authorizes the Secretary of Transportation to make grants and loans to local government authorities such as Collier County to help provide rural transit services; and WHEREAS, each year, through an application process administered by the Rorida Department of Transportation, the Collier County Transportation Disadvantaged program has obtained funds that are used for providing rural transportation services to the residents of Collier County; and WHEREAS, the Collier County Local Coordinating Board (LCB) has requested that the Collier County Board of County Commissioners apply this year for PIA 49 U.S.C. 5311 funds in order to help provide for rural transportation services to the residents of Collier County; and WHEREAS, the Board of County Commissioners of Comer County, Florida, has authority to apply for and accept grants from the Florida Department of Transportation as authorized by Chapter 341, Florida Statutes, and by the Federal Transit Administration Act of 1964, as amended. NOW TlffiREFORE, BE IT RESOLVED by the Board of County Commissioners, CoUier County, Florida, that: 1. The Collier County Transportation Services Division Administrator, or his designee, is hereby authorized to revise and execute any and all documents necessary to apply for the Federal Transit Administration Section 5311 Grant, including executing the Section 5333(b) Assurance, a copy of which documents are attached hereto, to . approve any budget amendments necessary to recei ve these funds, and to accept these funds on behalf of the County. 2. Any decision to terminate or otherwise not accept the Grant shall flfst require approval by the Board of County Commissioners as an agenda item. 3. This Resolution shall be effective immediately upon signature by the Chairman. This Resolution adopted after motion, second and majority vote favoring same, this _ day of ,2005. ATTEST: D~GHTE.BROCK,Cleù BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk , Chairman Agenda Item No. 1689 January 25. 2005 Page 4 of 28 OPERATING and ADMINISTRATIVE EXPENSES Name of Applicant Organization: Collier County Board of County Commissioners Date Completed 12/15/2004 Fiscal Period from 7/1105 - 6/30/06 TOTAL eXPENSE (All Applicants) ELIGIBLE EXPENSES (5311 &5311 (f) Applicants) Labor (501) Fringe and Benefits (502) Services -(503) Materials and Supplies (504) Vehicle Maintenance (504.01) Utilities -(505) Insurance (506) License and Taxes (507) - Purchased Transit Service "(508) $ 2,204,333 $793,560 Miscellaneous (509) Leases and Rentals (512) Depreciation (513) - Totals $2,204,333 $793,560 SECTION 5311 AND 5311 (f) GRANT REQUEST GRAND TOTAL REVENUES $ 2,204,333 (from Operating and Administrative Revenue form) $ 332.163 (a) $ 52,191 (b) $ 139,986 (c) $ 139,986 (d) (e) Operating Expenses Shared by FTA Farebox Revenue Operating Deficit (operating expenses less revenue) Section 5311 Request (no more than 50% of the Deficit) ._ Note: If Grand Total Revenues (e) exceeds Total Expenses (a), reduce Section 5311 (d) request (d) by that amount. 3 OPERATING and ADMINISTRATIVE REVENUE Agenda Item No. 1689 January 25, 2005 Page 5 of 28 Name of Applicant Organization:Collier County Board of County Commissioners Date Completed 12/15/2004 OPERATING REVENUES Fiscal Period from 7/01/05 - 6/30/06 REVENUE USED TOTAL REVENUE AS FTA MATCH (All Applicants) 5311 Applicants show exact amount Passenger Fares for Transit Services To(.¡¡l= $144,976 T_ Rurar-fbl $52,191 $ 52,191 Special Transit Fares (402) $234,777 School Bus Service Revenue (403) Freight Tarriffs (404) Charter Service Revenues (405) Auxiliary Transportation Revenues (406) Non-Transportation revenues (407) Total Operating Revenues OTHER REVENUES Taxes Levied directly by Transit System (408) Local Cash Grants and Reimbursements (409) $654,540 $ 235 Local Special Fare Assistance (410) State Cash Cash Grants and Reimbursements (411) $1,045,027 State Special Fare Assistance (412) Federal Cash Grants and Reimbursements (413) $139.986 $ - Interest Income (414) Contributed Services (430) Contributed Cash (431 ) Subsidy from Other Sectors of Operations (440) Total of Other Revenues GRAND TOTAL REVENUES $2,204,333 $ 287,825 4 Agenda Item No. 1689 January 25, 2005 Page 6 of 28 APPLICATION FOR 2. DATE SUBMITTED ~ Applicant Identifier .~ ,)ERAL ASSISTANCE 1. TYPE OF SUBMISSION: 3. DATE RECEIVED BY STATE Stale Application Identifier Ap3licalion pre[jic8Uon o Cons1ruction Construction ,t DATE RECEIVED BY FEDERAL AGENCY Federal Identifier rxl Non-Construction o Ncn-Cons1ruction ó. AFPLI ON Legal Name Collier County Board of County Commissioners OtganÎutional UI1Ît Address (give dly. ccunty. elate and Zip cede) Name and telephone numÞer of person to Þe contacted on mailers imrolvi'1g 2885 South Horseshoe Drive this applicalion (give area code) Naples, FI34104 Lisa Hendrickson, Public Transportation Planner 1 (239) 213-5889 6. EMPLOYER IDENTIF1CATION NIlMBER (EIN) 7. TYPE OF APPUCANT (enlOr_lIIpnatel_ln box) 00 519 61010101515181 A State H_ IndepACImt Scbaol DiS1. 8. Count)' l Sœre COI:W'IQllcd IIJtitute arHi.aber Lcami~ C. M"""",,iJ J _ PrivDœ Univcrmy [8J D CMUrNiWOI\ D D TQ~mb.ip K. lndiau Tribe r;.,. }ù:"l,Îon E_" L. Indi>I&J.1 PJn~ M. ProCh Ora.,w.,li;:.n IfRøviúon. ....r ""pn>¡>rioIeletœr(.) .. baK(.). G. SpcciaJ District N. Other (SpcciJ)) A, 1Ø(;IU'!!t AwJfd. B D~c"*'C A\\Wd C. Incl'ÇllC DutMion D. [)egeasc Duatiun 0tIia (Spccif,; 9 NAME OF FEDERAL AGENCY FEDERAL TRANSIT ADMINISTRA TION 10. CATAlOG OF FEDERAl DOI.AESTlC Œ]@] o [!TIIT] 11 DESCRJPTIVE TT!'LE OF APPLICANTS PROJECT: ASSIS-ANCE NUMBER TITLE _ Transit AdmItJ/stralJol1 _ 5311 """'- To continue Rural transit and paratransit .~ AFFECTED &Y PWJE<:.T(çlli<', """û.......,., ele, service in Collier County. Collier County, Florida Requested Federal funds this Grant $139,986 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF SIŒt Doœ Eaolmg Daœ ¡o. I'rOJect 7/1/20051 613012006 14 14 j ESTIMATED FUNDING 16. IS APPUCATION SUBJECT 1"0 I'J!V!EW BY &rATE EXEClfI1VE ORDER) 2372PRQC:ESS' e. F--.I $ 139.986 .. YES TI-3S PREAPPLICA'TTOK APPLIC A '10N W AS MADE. AVAILABLE TO TIlE b Aøo~cent STATE EXECUT2VE ORDER 12372 PROCESS FOR REVIEW ON o stale Dale: d. Local $ 139,986 b.NOD paOORAM IS NOT COVERED BY EO 12372 e. OtMfi D OR PROGRAM HAS NOT BIæN SELE<:;=n "Y ST'" TE FOR REVIEW I. Proaram IncOme ) 7 rs TIiE APPLICANT DELINQUENT ON ANY f'El)ERAL DEBr? $ 279.972 D If-'t',," an.1å. a:planation D TOTAl 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF ALL DATA IN THIS APPLICATION PREPARATION ARE TRUE AND CORRECT. THE OOCJMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPliCANT WILL COMPL Y'MTH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. ill. Typed Name of Au.thorized ReprasCDUbVCI Ib Tid. c. To!ephone numb.r Norman Feder Transportation Administrator 239) 774-8192 d. Signature of Authorized Representative e. Da1e Signed -{\¡ \\\- ~0VJ01J0 EdJ"""" Not Usable SIaodud Fann 424 (REV <l-B8) Authorized fo/' Local ReproductiDn 2 Prac:ribed by OMB ç¡,ç.... A-IOZ Exhibit E -- Single Audit Act A copy of the Collier County audit is attached as Exhibit E. Agenda Item No. 1689 January 25, 2005 Page 7 of 28 '.. ~. . }" , - , ~ " ., Agenda Item No. 1689 January 25, 2005 Page 8 of 28 .., FItIIcIII ,." rear.., ,,2ID Coller ".",. Single AuditJFederal and State Schedule of Financial Assistance Agenda Item No. 1689 January 25, 2005 Page 9 of 28 THE SINGLE AUDIT/FEDERAL AND STATE SCHEDULE OF FINANCIAL ASSISTANCE SECTION PRESENTS GRA.'IT COMPUANCE REPORTS FILED BY COLLIER COUN1Y wrm TIlE FEDERAL GOVERNMENT AND STATE GOVERNMENT, RESPECTIVELY. 1 I i 1 r- Agenda Item No. 16B9 January 25, 2005 Page 10 of 28 1'Im. KPMG UP SuIte 1700 100 North TðqIe Street TWIY,Iil. Fl33602 , ¡ ~ I I ¡ ! ì ~ , , _L Independent Auditors' Report on Compliance and on Internal Control Over Financial Reporting Based on an Audit of Flnandal Statements Peñormed in Accordance With Government Auditing Standards Distinguished Members of the Board of County Commissioners Collier County. Florida: I I J We have audited the financial statements of the governmental activities, the business~type activities, the aggregate discretely presented component units, each major fund, and the aggregate remaining fund information of Collier County, Florida as of and for the year ended September 30,2003. wlùcb collectively comprise Collier County. Florida's basic fInancial statements and have issued our report thereon dated May 28, 2004. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards. issued by the Comptroller General of the United States. Compliance As part of obtaining reasonable assurance about whether Collier County,Florida 's financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of Jaws, regulations, contracts, and grants, noncompliance with whicb could have a direct and material effect on the determination of fInancial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. Tbe rèsults of our tests disclosed no instances of noncompliance that are required to be reported under Government Auditing Standards. Internal Control Over Financial Reporting In planning and perfonning our audit, we considered Collier County, Florida's internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinions on the fInancial statements and not to provide assurance on the internal control over financial reporting. However, we noted certain matters involving the internal control over fmancial reporting and its operation that we consider to be reportable conditions. Reportable conditions involve matters coming to our attention, relating to signifIcant deficiencies in the design or operation of the internal control over financial reporting, that, in our judgment, could adversely affect Collier County's ability to record, process, summarize, and report fmancial data consistent with the assertions of management in the financial statements. Reportable conditions are described in the accompanying schedule of findings and questioned costs as item 2003-1. 1...IIPWQllJ',.U.s.IIrIo4....,'--......U.s. -,"'''IØ'IIQ--' ._-- Agenda Item No. 1689 January 25,2005 Page 11 of 28 A material weakness is a condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that misstatements in amoUnts that would be material in relation to the financial statements being audited may occur and not be detected within a timely period by employees in the nonna! course of performing their assigned functions. OUf consideration of the internal control over financial reporting would not necessarily disclose all matters in the internal control that n'Úght be reportable conditions and, accordingly, would not necessarily disclose all reportable conditions that are also considered to be material weaknesses. However, we believe that none of the reportable conditions described above is Ii material weakness. This report is intended solely for the information and use of the Collier County, Florida Board of County Commissioners, management, and federal and state awarding agencies and pass-through entities, and is not intended to be and should not be used by anyone other than these specified pMties. KPMG- LL-P May 28, 2004 I t ¡ f. . i k f ~. \. ).. ~ i: f r t t I ~ ~. ì ...". --1: r ~ ~ ¡ I .. Agenda Item No. 16B9 --January 25, 2005 ... Page 12 of 28 .,. KPMG lLP SuIte 1700 100 Norih Tampa Street Tamps, FL 33602 Independent Auditors' Report on Compliance With Requirements Applicable to Each Major Program and Internal Control Over Compliance in Accordance With . OMB Circular A-133 and Rules of the Auditor General Distinguished Members of the Board of County Commissioners Collier County, Florida: J i J ~ ~¡ ~ .. I ~ ;¡ Compliance We have audited the compliance of Collier County> Florida (the County) with the types of compliance requirements described in the U.S. Office of Management and Budget (OMB) Circular A-H3 Compliance Supplement, and the requirements described in the Executive Office of the Governor's State Projects Compliance Supplement. that are applicable to each of its major federal programs and state projects. for the year ended September 30.2003. The County's major federal programs and state projects are identified in the summary of auditors> results section of the accompanying schedule of findings and questioned costs. Compliance with the requirements of laws, regulations, contracts, and grants applicable to its major federal programs and state projects is the responsibility of the County's management. Our responsibility is to express an opinion on CoUier County> Florida's compliance based on our audit. Except as discussed in the following paragraph, we conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America; the standards applicable to fInancial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations and Chapter 10.550, Rules of the Auditor General. Those standards, OMB Circular A-133, and Chapter 10.550, Rules of the Auditor General, require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements referred to above that could have a direct and material effect on a major federal. program or state project occUlTed. An audit includes examining, on .8 test basis, evidence aböut the County's compliance with those requirements and performing such ·other procedures as we considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our opinion. Our audit does not provide a legal detennination of the County's compliance with those requirements. As described in item 2003-3 of the accompanying schedule of fIndings and questioned costs, we were unable to obtain sufficient documentation supporting the compliance of the County, with the State Project - State Housing Initiatives Partnership regarding the reporting compliance requirement. nor were we able to satisfy ourselves as to the County's compliance wíth that requirement by other auditing procedures. 1II1 ¡C_LlÞ..U's._iâilrllftMnlo\>.IoOhoU.& _.at__.____ :1 ( ,-' . Agenda Item No. 1689 January 25, 2005 Page 13 of 28 In our opinion, except for the effects of such noncompliance, if any, as might have been determined had we been able to examine sufficient evidence regarding the County's compliance with the requirement of the State Project - State Housing Initiatives Partnership reporting compliance requirements, the County complied in aU material respects, with the requirements referred to above that are applicable to each of its major federal programs and state projects for the year ended September 30, 2003. The results of our auditing procedures also disclosed other instances of noncompliance with those requirements, which are required to be reported in accordance with OMB Circular A-133 and Chapter 10.550, Rules of the Auditor General and which are described in the accompanying schedule of findings and questioned costs as item 2003-2. I· ¡ " t , ¡ r t I t ~; l' " i f ~ ~ Internal Control Over Compliance The management of the County is responsible for establishing and maintaining effective internal control over compliance with the requirements of laws, regulations, contracts, and grants applicable to federal programs and state projects. In planning and perfonning our audit, we considered the County's internal control over compliance with requirements that could have a direct and material effect on a major federal program or state project in order to detemrine our auditing procedures for the purpose of expressing our opinion on compliance and to test and report on internal control over compliance in accordancç with OMB Circular A-133 and Chapter 10.550, Rules of the Auditor General. We noted certain matters involving the internal control over compliance and its operation that we consider to be reportable conditions. Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or operation of the internal control over compliance that, in our judgment, could adversely affect the County's ability to administer a major federal program or state project in accordance with the applÌcable requirements of laws, regulations, contracts, and grants. Reportable conditions are described in the accompanying schedule of findings and questioned costs as item 2003-2. (. f r I ¡ ! ~ A material weakness is a condition in which the design or operation of one or more internal control components does not reduce to a relatively low level the risk that noncompliance with the applicable requirements of laws, regulations, contracts, and grants that would be material in relation to a major federal program or state project being audited may occur and not be detected within·a timely period by employees in the normal course of perfonning their assigned functions. Our consideration of the internal control over compliance would not necessarily disclose all matters in the internal control that might be reportable conditions and, accordingly, would not necessarily disclose all reportable conditions that are also . . considered to be material weaknesses. However, of the reportable conditions described above, we consider item 2003-2 to be a material weakness. Schedule of Expenditures of Federal Awards and State Projects We have audited the financial statements of the governmental activities, the business-type activities, the aggregate discretely component units, each major fund and the aggregate remaining fund information of the County as of and for the year ended September 30, 2003, and have issued our report dated May 28, 2004. Our audit was performed for the purpose of forming opinions on the. financial statements that collectively comprise the County's basic fmandaI statements. The accompanying schedule of expenditures of federal awards and state projects is presented for purposes of additional analysis as required by OMB Circular A-B3 and Chapter 10.550, Rules of the Auditor General and is not a required part of the basic fInancial statements. Such information has been subjected to the auditing procedures applied in the audit of the basic financial statements and, in our opinion, is fairly stated, in all material respects, in relation to the. basic financial statements taken as a whole. _..;, I J -.. Agenda .Item No. 1689 ._-.January 25, 2005 ·Page 14 of 28 · I I j This report is intended solely for the infonnation and use of the Collier County, Florida Board of County Commissioners, management, and federal and state awarding agencies and pass-through entities and is not intended to be and should not be used by anyone other than these specified parties. KPMG- LLf> May 28, 2004 , , · · j 1 1 ¡ ! .-... i · .~! ¡ I ~ -1 ,- 1 I i I l. ¡ ¡ t I ì . ~ , ~ I 1 ~ ~ . - Í ~ J I t 1 .t I 1 COLLIER COUNTY, FLORiDA SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND STATE PROJECTS FOR THE FISCAL YEAR El\"DED SEPTEMBER 30, 1003 Federal OF State GrutørlPus- Throop Grutor Proeram Tttk CFDA #I CSFA' Coruoratiol1 for N .tiouaJ and Camml1lÙnr Service Direct PJÐgmus~ Retired and Senior YoIlØIIeer Program Total Col1JOf'.1Ion (or National .... C_mu1ty Scni« 94.002 f:nvironmen!.1 Protection Aftun Dftct Progmus: Security 1'IaIDting for Large Driaking Water Utilities IndÍ%eCt Progwns: f10rida DqJaJ1mcnt ofEaviromßental Proœction: Slate Iù:wlVÎDg FUDd State RC'voIvingFund SIak RewMug Fund SCale kevoMngFund Total CFDA 66.476 66.458 66.458 66.4S8 66.458 Total J:.viroamnlal P_dOll ApaC)' Federal ~rYUCV Mauømeut AeeRCY Indinoct Progwns: Florida Departmcm ofCommuoity Affairs: Collier Couoty Citizeos Cmp CßRT Ttaining Total CFDA 113.564 83.564 Emcqcocy MaI1apmc:Dt perf'ormIDcc Gnat 83.534 ToÞ\ Federal Em~1K)' ManapmeatAceRCY UnJåId Slala De...rtment 0( A2rlc"Uure Indirect Progrum: Florida Depatlmlmt of Agriculture &lid Consumer Services: Ochopee rB Colllrol District 800 MHz Radios Forestry Stale Grant Forestry Stale 0nøI FOI'CS1Jy Stale GnuIt Tol.ll CPDA Graat1Coatract Nal.l1bu 02SRSFL078 HS-SJ020SOt-O CSl20S97IOO WWGI2OS9715LOl WWGI2OS971SL 02 WWGI205971 SL03 03oCC-96-09-21 -0 1-429 03-CT .9S-09.2 t -01-3 B4 OJ-BQ-04-09-21-01-011 Agenda Item No. 1689 January 25, 2005 Page 15 of 28 Es¡¡e.ditures s 63,328 63.328 114,966 1,319,552 5,547,5SS 11,0119,333 303,820 18.260,260 18,375,226 - 11,927 23,995 35,922 41,799 77,121 10.662 0I:h0pee Fire Di.strict 3,987 10.662 Ocbopcc Fire Distriot 2,115 10.662 Isle of Capri Pire Dístrict 1.115 10.662 Isle of Capri Pire Disbict 1,230 8,447 10.769 Collier ColØIty . 4,323 10.553 01.()338 12,211 10.555 01-0338 :n,s 1 S 10..H9 04-804 382.36 t 429.857 Inc1Ibalor Phase D FIorid1 DepattJœDt or Bducation: School Breakfast Scbool Ltmcb SIII11DICt' Food Service Program for Oûldrcn Total Ualted Sala IHpaI'ÙIICDt or Apic:ultve United Sl:Ita DeDar1meDt orCom¡¡¡,rce Direct Programs: Economic Dcvdopmeøt Gnnt Coastal l~act Assistaøtc Propam Total U .11ed Staœs Department or Commerce 11.300 11.419 147 04-01-04619 NAI70Z2090 590,824 60,000 650,824 (Continued) COLLIER COUNTY, FLORIDA SCBEDtJLE OF EXPENDITURES OF FEDERAL AWARDS AND STATE PROJECTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30,1003 Agenda Item No. 1689 January 25, 2005 Page 16 of 28 r f ¡ ~ I: t i I , t i f ¡ r t CFDA#tI lIederal or State GnutorlPas.. Tbroul!lI G.....tor ProlUllm Title CSFAN GraatICoDtnct Number £xpeadlture8 !,Inited Stat" nena..-..t of FIsh allll WIldUfe J:nciRçt Programs: Florida Fisb and Wildlife Cooaemtion CoIm1issioo Anifiçial Reef 15.605 FWCC02lGl 25.000 TotIIl Unlt.ed St.... Depa..-øt of FlsII IUd Wi1d1Ife 25,000 UJited Stain ~DartmeDt of Heald!. allll H....... SerYIœ. lJxIircçt l'ToJIrIm$: Florida DcpartmeDt of Elder Afrllirs - Area Apocy gn Aging tor ~ Florida, Inc.: Special Programs for ChI A8Îßa - ratlc m, Part B - GraDts fur ~ Services aad ScIIiM Ccn\a'5 93.044 OAA203.02 87,717 Special PropaDII fbr !be Apag - TI& m, pm B - GrantB fbr SIIIIOI1ivc Servic:es iUICÌ ScIIiŒCcmm 93.044 OAA203.03 74,954 Total CFDA 162,671 Special ProgmDI for !be A¡io¡ - rJtle m. Put C- 1 - Nutrition Servic:a 93.045 OAA203.D2 12,m SpcciaI Programl for Ihc Asins - rltle m, Put 0.1 - NuIritioD Scrviça 93.045 OAA203.03 12,932 SpcciaI Propwml for !be A¡¡in¡ - Title m. Put C-2 - NuIrition Scrviccs !l3.045 OAA203.D2 12.!m Special Pmpaml for Ibe Aging - Title m, Part C.2 - NuIrition Services 93.045 OM2Q3.03 11,681 Total CFDA 50.583 NatitJDal Family Care¡ivcr Support - Title m-E 93.052 OAA203.02 121.202 NaIimIaI Family Caxsïver Support - Title m-E 93.052 OAA203.02 38,969 160,171 Florida DcpIIr1D1cnt of~: Cbi1d Support EDforcc:ment 93.563 CC311 295,383 CIIi1d Support :&1\m:eIœlIt 93.563 HZFI4 8,204 Total CFDA 303,587 Total United Sta... DepartmeJlt of Heall11 ud HUIID Senicel 677 ,012 Yllited Sbts DeoIIrtInetIt of Q9"Óu 'Jd Urbnl>eftlamncld Indin:ct Pmgwœ: Florida Dc:partmaJt of COIDIIJIIIIity Affairs: COIJII1IIIDÌty DeYCJapmcDt Block Gram 14.:lI8 B-OI-UC-I2-OO16 729,584 CODIIØIQÌty Dev.1opmeDt Block Gnmt 14.218 8-02-UC.12-OO16 1,355,531 ~QIØDIII2Í1y DeYCIopment Block Gnat 14.218 B-03-UC-12-OO16 745.)82 2.830,497 HOME 14.239 M-03-UC-12-0217 5.998 TÐÞI1 UDited Stahl Depar1l1lellt of HOIIIIIII ud Vrtlu Development 2,1\36.495 United 5t.teI DeDal1llleftt 01 Trúsoortadoll ~Propmll: Man:o Taxiway - FAA 20.106 3-12-0142-001-2003 33.710 lmD1oka1œ TllJÙway- FAA 20.106 3-12-0031-ooz..2003 19,121 Everglades Taxiway - FAA 20.1.06 3-12-0021-001-2003 18.753 TOI81 CPDA 12.184 Iodiœct ProgI1Ims: Florida DcpmtmeIIt of Transportation: Traffic Crash Report :ro.600 Fr -02-24-04 32.5lS Tow CFDA 32.515 Paved Shoulders 20.205 AL310 41,997 1.7S1I1n1mkalee Road InIa'change 20.205 AM 341 612,500 Highway PIannin¡ IDd CoastnIçtiOD 20.205 PL.0313(40) 180,013 Hi¡bway PIanoin¡ IDd ConstnIçtiOD 20.205 PL-OJI3(41) 129,352 TotaJ CFDA 963,862 (Cootinued) 148 ~ r , t , [ ¡ t t f ~ i i I t i f . ~. i. I I I I J j ¡ ~ ¡ , i I COLLIER COUNTY, FLORIDA SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND STATE PROJECTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, :Z003 Agenda Item No. 16B9 January 25, 2005 Page 17 of 28 CFDA III Federa' or State GnL.tnrlPass-TlarovWI Grantor Prouam Title CSFA# Grant/Contract Number ·&pegclftltres Ff A Grant 20.505 AK 894 14,101 Section 5307 20.507 fL,.90-X436 56,537 Se.ctioo 5307 20.507 FL-9Ð-X456-00 495,907 Section 5307 20.507 FL-90-X492 180,200 , Total CFDA 732,644 I ImrooIi:alee Circulalor 5 20.509 AK 889 21,955 ! 1mmDÞ1ee cm:ublor 02103 20.509 AM 357 61 ,998 ! Total CFDA 83,953 I Paratransit V chicles 20.513 AIB93 78,806 ¡ Toul U.nted States Deportmellt of Traøsportadon 1,97&,065 UDlted Statu Deøarttnent of ¡..clu Direct 1'roprÞs: Oflicc ofCotmmoity ~ Policing: COPS UDivasal 16.710 9SCCWX0265 146,039 COPS MORE 00 16.710 2000CMWXOOSB 4,323 COPS MORE 02 16.710 2002CLWXOO35 647,002 COPS in Scbooll 16, 710 2000SHWX0839 638,590 coPS in Schools 16.710 2001 SHWXOS81 270,988 Tow CFDA 1,706,942 BurQu of Justice AssisIaDce: Bullet ProofVcsts 2001 16.607 CoDicr Couoty 7,874 Bullet ProofVœts 2002 16.607 Collier COIIDtY 28 ToCaI CPDA 7,902 Office ofJustice Programs: Local Law EmorœlllCllt Bloek Orant 16.592 2001LBBXI269 157,659 Local Law EnforcemcnI Block Qrant 16.592 2002lBBXOJ41 135,676 Local Law I!DIiIn;cment Block Grant 16.592 2003LBBXOO32 3,593 Toa1 CFDA 296,928 Indin:ct Programs: Florida Oftiçc of Attorney Galeral: Viçtim of CrimI: Act (VOCA) 16.575 V2003 98,922 Florida D\=)¡Irtmenl of JuvmiJc Jusôcc: aYil CiIatioa 16.523 CC015 61,628 Aorida Departmr:Dt of Law Enfo~ . THUGS 16.579 03..cJ-Jl-œl-21-01-237 36,253 Coa$1al Dcfènsc 16.579 03..cJ-5A-œI-21-OHOI 90,782 DomeaIic SccuritylProlcction Gear 16.579 03..cJ-Jl-09-2I-01-243 65.327 ItM:Di1c Arrest and MoniIoring rn 16.579 03..cJ-SA-09-21-OH02 114,750 Tolll CFDA 307,112 STOP Violence Apinst Wom:-n ÚI1UIIS Propun 16.588 UI69 136,895 Total U"1eCl StaleS Department r4 Jo.llce 2,616,329 TOTAL EXI"ENDITURES OF FEDERAL AWARDS $ 27.729,857 (Coo1iDuecI) 149 COLLIER COUNTY, FLORIDA SCHEDULE OF EXPENDITURES OF FEDERAL A WARDS AND STATE PROJECTS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2003 Agenda Item No. 1689 January 25, 2005 Page 18 of 28 í· I· CFDA #/ . CSF A # GrautlCootrKt Nomber E Od/tw.RI t ~; fl9rida DeoarhDent of C..llUlhdlltv Affaln Emcrgem:y p~ UJd AasisàmI:o Trust Fucd 51.008 03-BG..()4-09..21.()1.() 11 S 102,962 ¡ SbcI1er RcIrofit-La""'1 Oaks/Vmeyan!s 52.024 03-SR-77 ·09·11-111 48,750 Total Florida Departmeut of ConunlDÚ1:)' Attain 1 Sl,712 ¡ ,. Florida DeDartmeot of Elder Affairs t;" < Mea. Agew;:y on Aging for Southwest Florida, Ioe: Home Care for the BIderIy 65.001 HCE316.203.03 4,906 Home Can! for the Elderly 65.001 HCB3I1.203.04 1,S52 Tgtal CSFA 6,758 Coomnaùty Can: for die Elderly 65.010 CCE304.203.03 . 211,127 ComttnIIIity Can: for !be elderly 65.010 CCE302.203.04 31.611 TgtalCSPA 242,740 Alzheimer's Disease 1Di1istive 65.004 ADI306.203.03 374 Alzbcimer's Disease lDitiative 65.004 ADI30S.203.04 42 TOIIII CSF A 416 Total FlorIda DepsrimeDt of Elder Aflain 249?14 J'lorida D......._.t of E.viroomRtal rrøtt:etloo Beach Erosion ConIrol Program 37.003 Ol-COl 289,228 EøhsDced SQG Pilot 37.013 s0055 20,000 wasu Tire Graat 37.015 WT 311 38,151 Bayview Parle 37.017 F3604 10,649 Petroleum Siœ Coø.taDåItion 37.024 GC61J 39.795 E]cetroÐic R.ccyclíng 37.031 HW4Q5 21.415 TOáIIII1or1da DepartmcDt of EDvIrowMltaI rroceelloa 419,238 fIorIda DeDartmel1t of Fish aid Wßdllfe Derelict Vessel 77.005 01014 15,000 ArtifiçW ReefMoniIoring 77.007 01091 1.000 Artificial kecfMoDiloriDg .77.014 02.()17 4,439 Tob! JIIorida DepartDlnlt of Flsb allll WOdUrc 20,439 Florida Denartllleat of Health and Rehabffitative Senlces EMS - Trsiniog 64.003 EMOOI WMD Equipment 64.003 M2033 86,479 Mobile DaIa TermiDa1s 64.003 M2019 S4,S71 , Tol¡¡lCSFA 141,050 , Emorsc:ncy Medical ScrYices CoUllty Award 64.005 COO-II 27,77'¿ I t ~y Medical Sen'iœs County Award 64.005 COO II 43,614 r. EmcJFIICY Medical Sen'ices County Award 64.005 C20n 66,13S \ :1; Total CSFA . 137,524 f ¡ Total Florida Dqtartme.t of Hcall. snd RehlbiJitallve Serrlca I· 278,574 f Florida DeosrtmeDt of Jovl9lÏle J..tlce b ~ JI.IVCIÙlC Amst aud Moclloring I 80.004 PC220 f J\lVCllÌIe Amst UJd MomtorinslI 80.004 DP186 93,199 ! . TolalCSFA i 93,199 DlUll.. AfteII:are 80.006 U3KOl i DRlLLAftercan: 80.006 H9005 (1102.6102) ! DllIlL AfIercaTe 80.006 H900S 491,400 I DRlLL Residential 80.006 H9005 873,3IS Total CSF ^ 1,364,715 Total F10rlda DeparlnlCDI of JuvcDlle J_du 1,457,914 1 (ContiDued) ! 1 150 COLLIER COUNTY, FLORIDA SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND STATE PROJECTS FOR THE F1SCAL YEAR ENDED SEPTEMBER 30,1003 Agenda Item No. 1689 January 25, 2005 Page 19 of 28 CFDA #/ Federal or State GnntorlPass-Tllrough Gl"Øltor Proeram Tide CSFAJ GrutIContrac:t Number Expend1tura Florida Den.rtateRt of State Imrokalee BraIICh u'bnIy 45.020 02-PLC-02 165,125 Vatel' Edw:atiou 45.029 CoDicr Çoo¡nty 37,110 Staœ Aid to Libraries 45.030 moST -09 121.259 Slate Aid to Libraries 45.030 03-ST-09 281,094 Total CSFA 402,353 Roberts Ranch ConstructiOn 45.032 SC260 88,177 Roberts Ranch RestonIion - Phase I 45.032 SC351 92,02 8 Total CSFA 180,205 Tocal Florida Depa..-nt of State 784,793 Florida HnnoJ_ Flllaace CoramI.sioa SQte HousiIIg Initi.tives Parinenhip Ptogram 52.901 FY02 103,106 Slate Housing Initiatives Par1nen1Dp PIOgram 52.901 FY03 2,210,518 Stale Housing InitialMs 1'atttlt.:ß1Dp PIOgram 52.901 FY04 206,991 Total F1øricIa Houaiac F1uDc:e CommIs.1oø 2,520.615 JIIorid. DeD8l1meDt of Tr...Dœ"taCioa Shirley Conroy Grant 55.001 AK074 94,531 Transpcxtation Disadvanta~ 55-«)01 AL952 soo,675 Total CSFA 595,206 TØIIsportatioo Disadvantaged P1amùng Grant 55.002 AMI22 2,082 Bulk StonIJc Hangar 55.004 AI 413 19,985 CooI:eptuaI ERP 55.004 ANK 47 51,430 Parldog Lot Oveday 55.004 AI 788 51,000 Marw ~ Acqllisition 55.004 AI 011 63,627 Rehab RJW Ligbts 55.004 AM 279 77,614 Miáp.ûon 55.004 AI 526 4,677 Total CSPA 268,333 UviÐgston Road . Pbuc 2 55.008 410003-1-54-01 1,518,422 Uvingslon Road - Phase 3 55.008 410014-1-54-01 5,915,000 Totû CSFA 7,433,422 Stale Block Gtant 55.010 AX. 891 108,594 State Block Grant 55.010 AM350 140,544 , Total CSFA 249,1311 j I Customs Facility· Fast Track 55.014 AJ 847 406,464 ~ Tatal P1orJd. De>U"tllleøt of Tl'IIIIJIOI'talioa 8,954,645 omu of die State Court AAlmfRiltntor Civil T13ffic I"nfm:1jon Heariog 0fIiceIs 22.001 Collier County .~' Sial!: Court Grant - Article V 22.003 Collier County Total om" 0( tile Stale COllrt Admlal.lnlor TOTAL EXPENDITURES OF STATE FINANCIAL ASSISTANCE S 14.837,844 151 COLLIER COUNTY, FLORIDA NOTES TO TIIE SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND STATE PROJECTS SEPTEMBER 30, 2003 Ager·g~~~~ ~~', 1~~~' : ¡,:.·1.. , Page 20 of 28 NOTE 1- BASIS OF PRESENTATION The acconïpanying Schedule of Expenditures of FederlÙ Awards and State Financial Assistance includes the Federal and - State grant activity for Collier County, Florida and is presented on the modified accrual basis of accmmting. The information in this schedule is presented in accordance with the requirements of OMB A-B3, Audits of States, Local Governments, and Non-Profit Organizations and Section 215.97, Florida Statutes. Therefore, some amounts presented in this schedule may differ from amounts presented, or used in the preparation of, the basic financial statements. NOTE2-LOANSOUTSTANDffiG Collier County, Florida had the following loan balance outst:anding at September 30, 2003. This loan blÙance is also included in the Federal expenditures presented in the Schedule of Expenditures of Federal Awards. Program Title State Revolving Fund Federal CFDA Nwnber 66.458 Total Outstanding $55,238,769 NOTE 3 - SUB GRANT AWARDS The following subgrant awards were made by Collier County dming fiscal year 2002: Program Title Community Development Block Grant CFDAlCSFA Number 14.218 Subgrant Amount $2,278,009 152 I I I J Agenda Item No. 1689 January 25, 2005 Page 21 of 28 COLLIER COUNTY, FLORIDA Schedule of Findings and Questioned Costs Year ended September 30,2003 (1) Summary of Auditor's Results (a) An unqualified opinion was issued on the basic financial statements. (b) There was one reportable condition in internal control identified by the audit of the basic financial statements. (c) There was no noncompliance which is material to the basic financial statements. (d) There was one reportable condition in Ùlternal control over major state projects which was also considered to be a material weakness. There were no reportable conditions or material weaknesses identified in internal control over major federaJ programs. (e) An unqualified opinion was issued on compliance for the major federal programs and state projects, except for a disclaimer of opinion on the reporting requirement for the State Housing Initiatives Partnership. (t) There were no audit findings relative to tbe major federal programs that are required to be reported in accordance with Section 510(a) of Circular A-B3 and there were two audit findings for state projects that are required to be reported in accordance with Chapter 10.550, Rules of the Auditor General. (g) Major programs: CFDA#/CSF A# Federal programs: Environmental Protection Agency: State Revolving Loan Department of Justice: COPS 66.45~ 16.710 State programs: Florida Housing Finance Commission: State Housing Initiatives Partnership Program Florida Department of Transportation: Livingston Road - Phase 2 and Phase 3 Transportation Disadvantaged Florida Department of Juvenile Justice: DRILL Aftercare/Residential 52.901 55.008 55.001 80.006 (h) A $831,895.and $445,135 threshold was used to distinguish between Type A and Type B for federal programs and state projects, respectively. (i) The auditee did qualify as a low-risk auditee under Section 530 ofOMB Circular A-133. 153 ^-, Agenda Item No, 16B9 January 25, 2005 Page 22 of 28 ¡ , ! ¡ l ¡ t t ¡ ~ " I , , ¡ } COLLIER COUNTY, FLORIDA Schedule of Findings and Questioned Costs Year ended September 30,2003 (2) Findings Relating to the Financial Statements Reported in Accordance With Government Auditing StlllUlards We noted the following matter involving internal control and its operation that we consider to be a reportable condition: Finding 2003-1 Criteria: Bank reconciliations are part of an effective system of internal controls. Bank reconciliations are designed to detect errors or irregularities by comparing amounts recorded in the general ledger to supporting documentation. Any differences should be investigated and resolved in a timely manner. Condition: The bank reconciliation for the concentration account was not being performed in a timely manner, and this account had not been reconciled to the general ledger in several months. Context: The amount as recorded on the County's general ledger is $189,185 higher than the amount as recorded per the reconciliation. Initially, there was a $5.6 million reconciling difference which has subsequently been adjusted. Effect: Several general ledger accounts are subject to errors and irregularities since the reconciling items on the bank reconciliations are not being disposed of on a timely basis. Recommendation: To ensure that the bank balances are proper, that any significant reconciling items are discovered and resolved in a timely manner, and to improve accounting controls over the County's cash accounts, we recommend that the bank. reconciliations be prepared and that the General Accounting Manager review the reconciliations, as well as the appropriate disposition of reconciling items and any related journal entries, in a timely manner. Management's Response: The Finance and Accounting staff concurs that the reconcilement of cash is an extremely important control device. During the fiscal year audited, staff faced a middle year conversion to a new integrated financial management program, as well as a change in the standalone utility billing and collections software. All book bank accounts were reconciled to bank balances, but the County's main account of deposit, the pooled concentration account, took three months to reconcile. In addition, the account carried a reconciled, but not posted, figure of $189,185 into the new fiscal year. Management recognizes the significance of this. but needed more time to identify the proper fund to which the. individual transactions need be posted. The majority of the problems arise out of the inherent complexity of having eighteen off site locations that deposit to the bank. and the ledger on a daily basis, duplicate postings from standalone offsite locations and system configuration issues involving check voids. In order to ensure that this issue does not arise in tbe future, management has dedicated more resources to the timely reconcilement of the pooled concentration account, daily timing differences are tracked by I I ! I ì i , ¡ : I ; I .., , 154 - .-' 1 ~ . ~ Agenda Item No. 1689 January 25, 2005 Page 23 of 28 COLLIER COUNTY, FLORIDA Schedule of Findings and Questioned Costs Year ended September 30,2003 individual location, void configurations in the financial management system have been updated and duplicate interlaces from outlying sites are conununicated in a more timely fashion. (3) Findings and Questioned Costs Relatin'g to Federal Programs None. (4) Findings and Questioned Costs Relating to State Projects Finding 2003-2 State Housing Initiatives Partnership (SIllP) Program, CSFA#52.901 . , Criteria: Grant expenditures must be subject to the appropriate level of review and approval to ensure that costs are allowable under the grant and are supported by adequate documentation. Condition: Under Collier County's new SAP accounting system, there are three requirements for payment of expenditures: a purchase order, a goods receipt and an invoice receipt. Purchase orders function as the primary internal control mechanism. Purchase requisitions are generated by department employees in the SAP system and routed (via the system) to a designated manager for approval. Once the manager hits the "okay button", approval to pay the expenditure is given. When the Housing Development Manager receives a purchase requisition, he reviews it for proper coding and approves it in the system.. The manager subsequently reviews the supporting documentation and indicates his approval by initialing the hard copy documentation. This review of supporting documentation occurs after the Finance Department has already received approval to pay. As such, the control process in place is not effective. Perspective: This condition is considered systemic in nature. Questioned Costs: None Context/Effect: The control processes over grant expenditures (e.g., allowed or unallowed activities/costs) do not operate effectively. Recommendation: We recommend the Housing Development Manager review and approve all supporting documentation prior to approving expenditures in the SAP accounting system. 155 Agenda Item No. 1689 January 25,2005 Page 24 of 28 p' ~.. t ~. ¡; ~ ¡. \ ~ í ¡ , ¡ I - COLUER COUNTY, FLORID Schedule of Findings and Questioned Costs Year ended September 30, 2003 I Management's Response: J Housing staff will change its internal approval procedures to route invoices, backup materials and payment requests to the Housing Development Manager for sign off prior entering and approving purchase orders in the SAP system. Finding 2003-3 State Housing Initiatives Partpership (SHIP) Program, CSFA #52. 01 Criteria: Reporting: The County must submit an "Annual Report" or "Fo SIllP-ARI99-l" to the Florida Housing Finance Corporation by September ISIb of each year. This is a r port of its affordable housing programs and accomplishments through June 30th of the year immediatel preceding submittal of the report. The report requires financial and participant data to be compiled and p sented in various manners. Condition: Reporting: Tbe Housing Department did not maintain schedules to support all of the financial and participant data included in the report. Perspective: This condition is considered systemic in nature. Questioned Costs; Not determinable. Context/Effect: We were unable to determine if the County is in compliance with reporting requirement of the SHIP program as specified by the State of Florida. Recommendations: We recommend the County develop written policies and procedures to describe the reporting process. Policies should address the manner in which data is compiled and the docwnentation to be maintained. Docwnentation should be maintained to support all financial and participant data in the report. The Annual Report and supporting schedules should also be formally reviewed and approved prior to the submission to the State. Management's Response: Housing staff will work towards developing written policies for the reporting process. Documentation and supporting schedules will be maintained and staff will incorporate a formal review process that will include comparison to the fmancial system. . ...... --- 156 Agenda Item No. 1689 January 25,2005 Page 25 of 28 Exhibit F - Federal Certifications and Assurances Agenda Item No. 1689 January 25, 2005 Page 26 of 28 Appendix A FEDERALFY 2005 CERTIFICA TJONS AND ASSURANCES FOR FT A ASSISTANCE Name of Applicant: Collier County Board of County Commissioners Tbe AppJicant agrees to comply with applica~le req~ire~e~ts of ~a~~ories I - X,v. (The Applicant may make thIs selection In lieu ofmdlVtdual selectIons below.) x OR Tbe Applicant agrees to comply with the applicable requirements of the following categories it has selected: 1. Certifications and Assurances Required of Each Applicant. II. Lobbying Certification III. Effects on Private Mass Transportation Companies IV. Public Hearing Certification for a Project with Substantial Impacts V. Certification for the Purchase of Rolling Stock VI. Bus Testing Certification. VII. Charter Service Agreement. VIII. School Transportation Agreement. IX. Certification for Demand Responsive Service X. Substance Abuse Certifications XI. Certification for a Project Involving Financing Costs XII. Certifications for the Urbanized Area Formula Program and the Job Access and Reverse Commute Program XIII. Certifications for the Elderly and Persons with Disabilities Program XIV. Certifications for the Nonurbanized Area Fonnula Program XV. Certifications for the State Infrastructure Bank (SIB) Program (Both sides of this Signature Page must be appropriately completed and signed. where indicated.) Agenda Item No. 1689 January 25, 2005 Page 27 of 28 Appendix A FEDERAL FISCAL YEAR 2005 FTA CERTIFICATIONS AND ASSURANCES Required of all Applicants for FT A assistance and all IT A Grantees with an active capital or fonnula project Name of Applicant: Collier County Board of County Commissioners Name and Relationship of Authorized Representative: Norman E. Feder BY SJGNING BELOW I, Nonnan E. Feder, on behalf of the Applicant, declare that the Applicant has duly authorized me to make these certifications and assurances and bind the Applicant's compliance. Thus, the Applicant agrees to comply with all Federal statutes, regulations, executive orders, and administrative guidance required for each application it makes to the Federal Transit Administration (FT A) in Federal Fiscal Year 2005. FTA intends that the certifications and assurances the Applicant selects on the other side of this document, as representative of the certifications and assurances in Appendix A, should apply, as required, to each project for which the Applicant seeks now, or may later, seek FT A assistance during Federal Fiscal Year 2005. The Applicant affinns the truthfulness and accuracy of the certjfications and assurances it has made in the statements submitted herein with this docwnent and any other submission made to FT A. and acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, 3] V.S.C. 3801 et seq:,> as implemented by U.S. DOT regulations, "Program Fraud Civil Remedies," 49 CFR part 31 apply to any certification, assurance or submission made to ITA. The criminal fi"aud provisions of 18 U .S.C. 1001 apply to any certification, assurance, or submission made in connection with the Urbanized Area Formula Program, 49 U.S.C. 5307, and may apply to any other certification, aSsurance, or submission made in connection with any other program administered by FT A. In signing this document, I declare under penalties of perjury that the foregoing certifications and assurances, and any other statements made by me on bebalf of the Applicant are true and correct. Signa~ \. Name: Norman E.Feder Authorized Representative of Applicant Date: AFFrRMA nON OF APPLICANT'S ATTORNEY for Collier County Board of County Commissioners (Name of Applicant) As the undersigned legal counsel for the above named Applicant, I hereby affirm to the Applicant that it has authority under state and local law to make and comply with the certifications and assurances as indicated on the foregoing pages. I further affirm that, in my opinion, the certifications and assurances have been legally made and constitute legal and binding obligations on the Applicant. I further affirm to the Applicant that, to the best of my knowledge, there is no legislation or litigation pending or imminent that m' t versely affect the validity of these certifications and assurances, or of the performance of the project. Furthe or f I come aware of circumstances that change the accuracy of the foregoing statements, I will notify the A pi n1 rom which may so inform FT A. Signature Name: Jeffi'e KI Applicant's Attorney Ea"h Applicant for fin cia! assistance (except 49 U. S.C. 5312(b) assistance) and each FT A Grantee with an active capita! or fonnulø. project must provide an At! ey's affirmation of the AppJicant's legal capacity. The Applicant may enter its PIN number in lieu of the electronic signature of its Attorney, pro 'ded the Applicant has on file this Affirmation of its Attorney dated this Federal fiscal year. Date: \ð )6/ {/)1 Agenda Item No. 1689 January 25, 2005 Required for: Section 5311 Page 28 of 28 Exhibit I Section 5333(b) Assurance The Collier County Board of County Commissioners (hereinafter referred to as the "Recipient") HEREBY ASSURES that the "Special Section 5333(b) Warranty for Application to the Sman Urban and Rural Program has been reviewed, and certify to the Florida Department of Transportation that we comply with its provisions and that all its provisions will be incorporated into any contract between the applicant and any sub-recipient which will expend funds received as a result of an application to the Florida Department of Transportation under the FTA Secbon 5311 program. Dated: Norman Feder, Transportation Administrator (name and title of chief executive officer) @, ~ (signature of chief executive officer) Listing of Recipients, Other Eligible Surface Transportation Providers, and Labor Organizations Representing Employees of Such Providers, if any. 1 2 3 4 Labor Representing other Eligib'e Employees of Providers, If Recipient Organization Project Descpription Transportation Providers any Cite Project by Name, Identify Unions (and Identify Recepients of Description and Provider Identify Other Eligible providers) Representing Transportation Assistance (e.g. Recipient, or other Surface Transportation Employees of Providers in under this grant Agency, or Contractor) Providers (type of service) column 1 ,2,and 3 Collier County Board of To continue Rural CoUier Area None County transit and Transit (Urban Commissioners. paratransit in Transit Service) Collier County. The services will be provided through two contractors (A TC Paratransit and Community Transportation Specialists) (Federal funds requested, $139,986.) 17 Agenda Item No. 16810 January 25, 2005 Page 1 of 25 ,- EXECUTIVE SUMMARY Recommendation to approve a Resolution authorizing execution of a Florida Department of Transportation Local Agency Program Agreement for the beautification enhancements to St. Andrews Boulevard from US 41 to Pebble Beach Boulevard and to advance the funds from the General MSTD Fund (111). OBJECTIVE: To obtain Board of County Commissioners approval of a Resolution authorizing the execution ofa Florida Department of Transportation Local Agency Program. agreement for the beautification enhancement of St. Andrews Boulevard from US 41 to Pebble Beach Boulevard. The Lely Golf Estates MSTU is requesting that the Board of County Commissioners advance the money in the amount of $69,800.00 from Fund (Ill) General MSTD Fund and they will pay it back when they receive the reimbursement from Florida Department of Transportation (p.D.a.T.). - CONSIDERATIONS: The Lely Golf Estates MSTU applied for and was awarded landscaping funds in the amount of $69,800.00 for the beautification of St. Andrews Boulevard from US 41 to Pebble Beach Boulevard in Lely from the Florida Department of Transportation (p.D.a.T.). The attached Resolution authorizes the Chainnan of the Board of County Commissioners to sign the Local Agency Agreement (LAP) which when signed by both the chairman of the Board of County Commissioners and by the Florida Department of Transportation the state will issue a Notice to Proceed that will allow this landscaping to begin, and the reimbursement of these funds to the county. FISCAL IMPACT: Funds in the amount ofS69,8oo.00 are available for this project this year in the General MSTD Fund (111). The $69,800.00 landscaping funds from Florida Department of Transportation (p.D.a.T.) will be paid to the Lely Golf Estates MSTU in fiscal year 05-06, which will allow for the repayment to the General MSTD Fund (111) if the Board of County Commissioners grants the advance. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board of County Commissioners approve a Resolution authorizing the execution of a Florida Department of Transportation Local Agency Agreement in the amount of $69,800.00 for the beautification enhancement of 8t. Andrews Boulevard from US 41 to Pebble Beach Boulevard and to include all necessary budget amendments. An advance in the amount of $69,800.00 is needed to complete the project this year and pay back General MSTD Fund (Ill) when the Lely Golf Estates MSTU gets reimbursement from the Florida Department of Transportation in fiscal year 05-06. - PREPARED BY: Bob Petersen. Project Manager, Department of Alternative Transportation Modes Transportion Services Transportation Administration 1/11/20053:41 PM Approved By ,- Bob Petersen Project Manager Date Transportion Services Traffic Operationsl A TM 1/12/20057:33 AM Approved By Traffic Operations and Alt Trans Modes Date Diane B. Flagg Director Transportion Services Traffic Operations/ A TM 1/12/2005 4:47 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportion Services Transportation Services Admin. 1/13/20058:27 AM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 1/13/200510:49 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1/13/2005 11 :52 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1/14/20054:00 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1/18/20057:16 PM Agenda Item No. 16810 January 25, 2005 Page 3 of 25 RESOLUTION NO. 2005- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING, AND AUTHORIZING THE CHAIRMAN OF TIIE BOARD OF COUNTY COMMISSIONERS TO EXECUTE, A LOCAL AGENCY PROGRAM (LAP) AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE IRRlGA nON AND LANDSCAPING OF ST. ANDREWS BOULEVARD FROM US 41 TO PEBBLE BEACH BOULEVARD. WHEREAS, the State of Florida Department of Transportation (p.D.O.T.) is willing to enter into a Local Agency Program Agreement ("Agreement") with Collier County, wherein F.D.O.T. will reimburse Collier County up to the sum of $69,800.00 for enhancements to the inigation and landscaping of St. Andrews Boulevard from US 41 to Pebble Beach Boulevard in Lel y; and WHEREAS, the CoJ1ier County Board of County Commissioners finds that it is in the public's interest to upgrade the inigation and landscape of these medians and that this Agreement is in the best interests of the citizens of CoHier County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, H...ORIDA, that; The Collier County Board of County Commissioners approves, and authorizes its Chairman to sign, the attached Agreement. The Collier County Clerk wi[] forward a certified copy of this Resolulion to P.D.O.T. along with the ex.ecuted Agreement. THIS RESOLUTION ADOPTED afler motion, second, and majority vote favoring same, this _ day of ,2005. ATI'EST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: Pred W. Coyle, Chairman OI.{)L!) ..,..ON ~Õ :t V . OJ Z~~ Erne... ()::J ......c: -rn rn-. "0 c: () OJ <C ICI Z p.. 0 ~ 0 . c - ... .. -I .. Ñ :II I c an :II - I-- ... I 'a I-- C .. :s ICI I!!:. I-- N 8 z CD ~ '"'" : II) 0 ..... - CIS co - E .c c III D. I-- ., ~ ~ .. CD 2 .. 1m! !!!!II \ill ..J :II! . 1:)1- « =I .!, :II! . e ... -- - D. .. I- II- ICI ::::)10 " t-o z I U):t. I :=ElL 0 r--- - CI) . I ~ ~ - - c , .. I .. w .. ~ :II 0_ « e,,¡ :II ~:t. ... CDu.. .. ..J Š ~ ~ ~ ~ ~ ~ ~ ~ 10 ~ :g 8 N ~ 0 N ~ ~ N C1S ~ ~ N ëc! Ìj' ..... ~ ~ Ìj' N ~ ¡¡; ¡¡, ~ ði ..... ..... N N Õ ..... - ..... - ..... I! z I!! 15 j 5 I II) . ~ 15 m 1: i ð1:: II) c: c: !II 0 - c: 9 010 :!,g ~~ 8:B ~~ ~ o.ts ts E ~j .5 S-! 0 .§ a. II < c: .fä (.) ~i a. I!: I! II) E 1ii i a. :5 :s! I! :s! (.)0 0 .go t: 0 ma. m m(.) z (.) (/)(.) ¡;¡: OL{')L() ...-ON CX)O_ c.oNO .- -L{') .L{') ON CD Z ~g' Eroo.. CD::;¡ .....c: -ro CO. -0 C CD 0) -< OL{)L{) .-ON ffi~0 .... ) o J) zè~ Eroa.. ():::! _I:: -ro ('C. -0 I:: () OJ <C I I Agenda Item No. 16B 10 January 25,2005 Page 8 of 25 State of Florida Department of Transportation LOCAL AGENCY PROGRAM AGREEMENT 525-01 Q-40 PROJ MGT, RI;SEARCH& DEVOFC OGC . 1 11C3 PDQe 1 0112 FPN N0415623-1 Fund: SE FLAIR ApproD: Federal No: 7777122 A Org, Code: 55014010106 FLAIR Obj.: FPN No. Fund: FLAIR Approp: Federal No: Org. Code: FLAIR Obj.: County No. 03 Contract No: Vendor No.: F ~~60005581 02 Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction THIS AGREEMENT, made and entered into this day of , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION. an aaencv of the State of Florida hereinafter called the Department, and Collier County; Finance Depi.: 2671 Airport Road; Naples, Florida 34112 ' hereinafter called the Agency. WIT N E SSE T H: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under Section 334.044, Florida Statutes to enter into this Agreement; NOW. THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: . 1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in .-. ~QdscaDin(] and as further described in Exhibit "A" attached hereto and by this reference made a part areof, hereinafter called the project, and to provfde departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. 1.01 Modifications and Additions: Exhíbit(s) A,S,L.Rl,R are attached hereto and by this reference made a part hereof. 2.00 Accomplishment of the Project: 2.01 General Requirements: The Agency shall commence, and complete the project as described in EXHIBIT "A" with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and aU applicable laws. The project will be performed in accordance with all applicable Department procedures, guidelines, manuals, standards, and directives as described in the Department's Local Agency Program Manual, which by this reference is made a part hereof as jf fully set forth herein. A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent with the terms, conditions, and specifications of this Agreement shall be in charge of each project. 2.02 Expiration of Agreement: The Agency agrees to complete the project on or before 12/28/2007 . If the Agency does not complete the project within this time period, this Agreement will expire on the last day of scheduled completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted in writing by the Department prior to the expiration of the Agreement. Expiration of this Agreement will be considered termination of the project. The cost of any work performed after the expiration date of the Agreement will not be reimbursed by the Department. 2.03 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency -lv'iII initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.04 Funds of the Agency: The Agency sha1 initiate and prosecute to completion aU proceedings necessary, including Federal-aid requirements, to enable the Agency to provide the necessary funds for completion of the project. Agenda Item No. 16810 January 25, 2005 Page 9 of 25 52S-O'ß.4D PROJ MGT, RESEARCH & DEV OFC OGC-"'fJ:>. 2 S b . Pa¡¡e2of1 .05 u mJsslon of ProceedIngs, Contracts, and Other Documents: The Agency shall submit to the Department s~ch data, re~o~, n~cords, contr~cts, and other documents relating to the project as the Department and the Federal HIghway Admlnstratlon may require. 3.00 Project Cost: 3.01 Total Cost: The estimated total cost of the project is $ 69,800.00 Th" b th cJ1 d I f fu d' . E h'b't "B" d ' s amount IS ased upon e s e u e 0 ~ Ing In x I I attache hereto and by this reference made a part hereof, The Agency agrees to bear. ~II expenses In excess of the total cost of the project and any deficits involved. The schedule of fundjng may be modified by mutual agreement as provided for in paragraph 4.00 of this agreement. 3.02 Depar:tme~t Pa~~I~,a~~on: .The Depa~ment agrees to p~rticipate, including contingencies, in the project cost to the extent provided In Exhibit B. This amount Includes Federal-aid funds which are limited to the actual amoLInt of Federal-aid participation. 3.03 limits on Department Funds: Project costs eligible for Department participation will be allowed only from the date of this Agreement. It is understood that Department participation in eligible project costs is subject to: a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement; c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; d) Department approval of the project scope and budget at the time appropriation authority becomes available. 3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this project is in multiple fiscal years, funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See Exhibit B for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department wiIJ notify the Agency, in writing, when funds are available. 3.05 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339,135(6)(a), Florida Statutes, are hereby incorporated: "The department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fisca] year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The department shall require a statement from the comptroller of the Department that funds are avaHab!e prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." 3.06 Notice to Proceed: No cost may be incurred under this contract until the Agency has received a Notice to Proceed from the Department. 3.07 limits on Federal Participation: Federal-aid funds shall not participate in any cost which is not incurred in conformity with applicable federat and state law, the regulations in 23 C.F,R. and 49 C,F.R., and policies and procedures prescribed by the Division Administrator of the Federal Highway Administration (FHWA), Federal funds shall not be paid on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the project or part thereof involving such cost. (23 CFR 1.9 (a)). If FHWA or the Department determines that any amount claimed is not eligible, federal participation may be approved in the amount determined to be adequately supported, the Department shall notify the Agency in writing citing the reasons why items and amounts are not eligible for Federal participation. Where correctable non-compliance with provisions of law or FHWA requirements exists, federal funds may be withheld until compliance is obtained. Where non-compliance is not correctable, FHWA or the Department may deny participation in parcel or project costs in part or in total. Agenda Item No. 16810 January 25, 2005 Pag.e 10 of?5 52S:Ò10..40 PRDJ MGT, RESEAACH & DEV OFC _ OGC·1'1D3 Page a r:tf 12 Jr any amounts determined. to be ineligible for federal reimbursement for which the Department has advanced payment the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice. I 4.00. Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a project schedule of funding, shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of funding, carry out the project and shall incur oblfgations against and make disbursements of project funds only in conformi~ with the latest approved schedule of funding for the project. The schedule of funding may be revised by mutual wntten agreement between the Department and the Agency. If revised, a copy of the revision should be forwarded to the Department's Comptroller and to the Department's Federal-Aid Program Office. No increase or decrease shall be effective unless it complies with fund participation requirements established in Exhibit "S" of this Agreement and is approved by the Department's Comptroller. 5.00 Records: 5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five(5) years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred includes the Agency's general accounting records and the project records, together with supporting documents and records, of the Agency and all subcontractors performing work on the project and al1 other records of the Agency and subcontractors considered necessary by the Department for a proper audit of costs. If any litigation, claim, or audit is started before the expiration of the five(5) year period, the records shall be retained until aH litigation, claims, or audit findings involving the records have been resolved. J2 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved schedule of funding or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 5.03 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges. 5.04 Audit Reports: Recipients of Federal and State funds are to have audits done annually using the following criteria: Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding fedèral agency. State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the awarding State Agency. In the event that a recipient expends $300.,000 or more in federal awards in its fiscal year, the recipient must have a single or program specific audit conducted in accordance with the United States Office of Management and Budget (OMS) Circular A-133. If a recipient expends less than $300,000 in federal awards during its fiscal year, an audit conducted in accordance with the OMS Circular A-133 is not required. If a recipient expends fess than $300,000 in federal awards during its fiscal year and elects to have an audit conducted in accordance with OMS Circular A-133, the cost of the audit must be paid from non-federal funds, 'eporting Packages and management letters generated from audits conducted in accordance with OMS Circular A-133 shall be submitted to the awarding FDOT office, by the recipient, within 30 days of receiving it. The aforementioned items are to be received by the appropriate FDOT office no later than 9 months after the end of the recipient's fiscal year. Agenda Item No. 16810 January 25, 2005 Page 11 ojlØ1Q-40 PROJ MGT. RESEARCH & DEV OFC OGC -11/03 Pa¡¡e4 of l' The. recip!ent s~all fo~low up an~ take ~orrective action on audit findings. Preparation of a summary schedule of rior ear audl: findings, .mclud~ng corrective action and current status of the audit finding is required. Current year aUdìf fi l reqUIre corrective acbon and status of finding. n mgs ~ecord~ related to unresolved aud.it findings, appeals, or lítigation shall be retained until the action is completed or the dIspute IS resolved. Access to project records and audit work papers shall be given to the FDOT the Comptroller and the Office of the Auditor General. ' , The recipjent shafl submit required audit documentation as follows: A Reporting Package and Data Coection Fonn for each audit conducted in accordance with OMB Circular A-133 shall be sent to: Federal Audit Clearinghouse Bureau of the Census 1201 East 1 Dth Street Jefferson, IN 47132 5.05 Inspe~tion: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives and authorized agents of the Federal Highway Administration to rnspect all work, workmanship, materials, payrolls, records and toaudjt the books, records and accounts pertaining to the financing and development of the project. The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub- contractor or materials vendor to allow pUblic access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement. (Section 287.058(1)(c), Florida Statutes) 5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring addjtional right of way, the Agency must submit to the Department an annual report of its real property acquisition and relocation assistance activities 0/1 the project. AcUvities shaH be reported on a federaJ fiscal year basis, from October 1 through September 30. The report must be prepared using the format prescribed in 49 CFR 24, Appendix B and be submitted to the Department no later than October 15 each year. 6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses incurred shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. (Section 287.058(1)(a), Florida Statutes) All recipients of funds from this agreement. including those contracted by the Agency, must submit bills for any travel expenses, when authorized by the terms of this agreement, in accordance with Section 112.061 Florida Statutes and Chapter 3-Travel of the Department's Disbursement Operations Manual, Topic 350-030-400. (Section 287.058(1 )(b), Florida Statutes) If, after project completion, any claim is made by the Department resu1ting from an audit or for work or services performed pursuant to this Agreement. the Department may offset such amount from payments due for work or services done under any agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (SO) days to the Department. Offsetting any amount pursuant to this section shall not be considered a breach of contract by the Department. Agenda Item No. 16B10 January 25, 2005 Page 12 qt~~0-40 PROJ MGT, RESEARCH & DEV OFC OGC -11103 Psg.. 5 Of 12 7.~0 The Department's Obligations: Subject to other provisions hereof, the Department will honor requests for relmburs~ment to the Agency in am.o~nts and at times deemed .by the ~epartment to be p,roper to ensure the carrying out of the project and payment of the elglble costs. However, notwthstandlng any other provision of this Agreement the Department may elect, by notice in writing, not to make a payment if: ' 7.01 Misrepresentation: The Agency shall h~ve ma,de misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or In or with respect to any document or data furnished therewith or pursuant hereto; 7.0~ LI.tigatio~: There. is then. pending litigation with respect to the performance by the Agency of any of its duties or obligatIons which may JeopardJze or adversely affect the project. this Agreement or payments to the project; 7.03 Approval by Department: The Agency shall have taken any action pertaining to the project, which under this Agreement, requires the approval of the Department or has made reJated expenditure or incurred related obligations without having been advised by the Department that same are approved; . 7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein in 12.06: or 7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the AQreement. 7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the FHWA, or the Department acting in lieu of the FHWA. may designate as ineligible for federal-aid. 7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all project costs incurred -1:)y the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the expiration the Agreement, costs which are not provided for in the latest approved schedule of funding for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 7.08 Final Invoices: The Agency must submit the final invoice on the project to the Department within one hundred twenty (120) days after the completion of the project. Invoices submitted after the one hundred twenty (120) day time period may not be paid. 8.00 Termination or Suspension of Project: 8.01 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate this Agreement in whole or in part at any time the interest of the Department requires such termination. If the Department determines that the performance of the Agency is not satisfactory, the Department shan have the option of (a) immediately terminating this Agreement or (b) suspending this Agreement and notifying the Agency of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time. Suspension of the contract will riot affect the time period for completion of this Agreement. If the Department requires termjnation of this Agreement for reasons other than unsatisfactory performance of the Agency, the Department shall notify the Agency of such termination, with instructions as to the effective date of termination or specify the stage of work at which this Agreement is terminated. If this Agreement is terminated before performance is completed, the Agency shall be paid for the work satisfactorily performed. Payment is to be on the basis of substantiated costs. 8.02 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may -lclude any or all of the following: (a) necessary action to terminate or suspend, as the case may be, project activities and ..;ontracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (b) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and costs approved by the Department or upon the basis of terms and conditions Agenda Item No. 16B10 January 25, 2005 Paae 13 ~o-40 PROJ MGT, RESEARCH & DEV OFC OGC -11103 i~posed by the. Department upon the f~iIure o~1~e ~ge~cy to furnish the schedule, plan, and estimate within a rea;~~~bì,2 time. The closrng out of federal financIal particIpation In the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.00 Contracts of the Agency: 9.01 Third Party Agreeme~ts: ~xce~t as otherwise auth.~rized in writing by the Department, the Agency shall not execute an~ contract or obligate Itself In any manner requIring the disbursement of Department funds, including consultant or construction contracts or amendments thereto, with any third party with respect to the project without the written approval of the Depa~ment. Failure to obt~in such approval shall be sufficient cause for nonpayment by the Department. The Department specifically reserves unto Itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. 9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Section 287.055, Florida Statutes, Consultants Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for aU projects. In all cases, the Agency's attorney shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 10.01 DBE Policy: It is the policy of the Department that disadvantaged business enterprises, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the perfonnance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state regulations apply to this Aareement. 10.02 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in applicable federal and state reguJations, have the opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state regulations, to ensure that the Disadvantaged Business Enterprises have the opportunity to compete for and perform contracts. The Agency shaH not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 10.03 Disadvantaged Business Enterprise (DBE) Obligations: If Federal Transit Administration or FHWA Funding is a part of this project, the Agency must comply with applicable federal and state regulations. 11.00 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion (Applicable to all federal-aid contracts - 49 CFR 29) By signing and submitting this. Agreement, the Agency is providing the certification set out below: The inability of the Agency to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The Agency shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the Department's determination whether to enter into this transaction. However, failure of the Agency to furnish a certification or an explanation shall disqualify the Agency from participation in this transaction. The certification in this clause is a material representation of fact upon which reliance was placed when the Department determined to enter into this transaction. If it is later determined that the Agency knowingly rendered an erroneous certification, in addition to other remedies available, the Department may terminate this transaction for cause of default. The Agency shall provide immediate written notice to the Department if any time the Agency learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "covered "debarred: "suspended,» ineligible," "lower tier covered transadion,» "participant,· "person," primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. Contact the Departmer\t for assistance in obtaining a copy of those regulations. Agenda Item No. 16810 January 25, 2005 Page 14 of 25 52!KJ10-40 PROJ MGT, RESEARCH & DEV OFC \ OGC-11103 A f rth .'. Page 7 0(12 ,e . gency u er agrees by executing this Agreement that It shall not knowingly enter into any contracts with a per on who IS debar~ed, suspended, declared ineligible, or voluntarily excluded from participation in this covered transactfol1 unless authonzed by the Department. ' The Agency further a~rees b~ ~u~.mjtting this Agreement t~at it wil[ include the clause titled "Certification Regarding Debarment, S~spenslon, .lneh~lbIlJ~ and Voluntary ExclusIon-lower Tier Covered Transaction,· provided by the Department, wIthout modIfication, In all contracts and in all solicitations for contracts. The Agency. m~y. rely upon a ce~ification of a prospective sub-contractor that the person or entity is not debarred, suspended, meliglble, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. The Agency may decide the method and frequency by which it determines the eligibility of its sub-contractors. The Agency may, but is not required to, check the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs· (Nonprocurement List) whfch is compiled by the General Services Administration. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the Agency is not required to exceed that which is normally processed by a prudent person in the ordinary course of business dealings. Unless authorized by the Department, if the Agency knowingly enters into a contract with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies avaiJable, the Department may terminate this agreement for cause or default. Certification Regarding Debarment, Suspension, IneligibHity and Voluntary Exclusion: -'e Agency certifies, by execution of thís Agreement, that neither it nor its principals is presently debarred, suspended, Jposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Where the Agency is unable to certify to any of the statements above, an explanation shall be attached to this proposal. 12.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 12.01 Equal Employment Opportunity: In conn.ection with the performance of any project, the Agency shall not discriminate against any employee or appHcant for employment because of race, age, religion, coor, sex, national origin, disability or marital status. The Agency will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, age, religion, color, gender, national origin, disability or marital status. Such action shall include, but not be limited to, the fonowing: employment upgrading, demotion, or transfer; recruitment or recruitment advertising; Jayoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The Agency shaH insert the foregoing provision in all contracts modified only to show the particular contractual relationship in aU its contracts in connection with the development of operation of the project, except contracts for the standard commercial supplies or raw materials, and shan require all such contractors to insert a similar provision in an subcontracts, except subcontracts for standard commercial supplies or raw materials. \M1en the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 12.02 Title VI- Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the Civj[ Rights Act of 1964 (42 U.S.C. 200Qd), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. ,....J'he Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil ights Act of 1964,49 C.F.R., Part 21, and related statutes and regulations. 12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with aU the requirements as imposed by the ADA, the regulations of the federal government issued thereunder, and assurance by the Agency pursuant thereto. Agenda Item No. 16810 January 25, 2005 Page 15 of 25 52S-{)10-40 f'ROJ MGT. RESEARCH & DEV DFC OGe - '1103 . Page B of 12 12.04 PU~IIC ~ntl~ CrJme: A person.or af!iliate who has been pJaced on the convicted vendor list foHowing a conviction for a ~ubll~ entity cnme may. not subrr:1t a b.'d on a contract to provrde any goods or services to a public entity, may not subm~t a. bid on a contract with a public entity f~r the ,construction or repair of a public building or pUblic work, may not submit bIds on leases of real property to a publr.c entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a .cont~act Wlt~ any public entity; and may not transact business with any pubJic entity in excess of the threshold amount provided In Section 287.017, Florida Statutes for CATEGORY TlNO for a period of 36 months from the date of being placed on the convicted vendor list. 12.05 Discrimination: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, maintained by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, suppHer, subcontractor. or consultant under a contract with any public entity; and may not transact business with any public entity. 12.06 Prohibited Jnterests: Neither the Agency nor any of its contractors or their subcontractors. shall enter into any contract, subcontract, or arrangement in connection with the project or any property included or planned to be included in the project in which any member, officer, or employee of the Agency or the locality during his tenure, or for two years thereafter, has any interest, direct or indirect. If any such present or former member. officer, or employee involuntarily acquires or had acquired any such interest prior to the beginning of his tenure, and if such interest is immediately disclosed to the Agency, the Agency with prior approval of the Department may waive the prohibition contained in this subsection, provided, that any such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such contract, subcontract, or arrangement. The Agency shall insert in all contracts entered into in connection with the project or any property included or plal1ned to be included in any project, and shall require its contractors to insert in each of it's subcontracts, the following provision: "No member, officer or employee of the Agency or of the locality during his tenure, or for two years thereafter, shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency. 12.07 Interest of Members of or Delegate to, Congress: No member of or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 13.00 Miscellaneous Provisions: 13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all applicable environmental regulations and for any liability arising from non-compliance with these regulations and will reimburse the Department for any Joss incurred in connection therewith. The Agency win be responsible for securing any applicable permits. 13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 13.03 When Rights and Remedies Not Walved~ In no event shall the making by the Department of any payme~t to the Agency constitute or be construed as a waiver by the Department of any breach of coven~nt or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would thel1 continue to conform to the terms and requirements of applicable law. 13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paid and; also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its appJicatjon for the financing hereunder. Agenda Item No. 16B10 January 25, 2005 Page 16~o PROJ MGT, RESEARCH & DEV OFC OGC -11100 ~.06 State Law: Nothing in the Agreement sh~ r~quire the Ag~ncy'to observe or enforce compliance with any ~~i~r~~ Jr~~f, perform any other act .or do any othe.r thing In contraventIon of any applicable state law, provided, that if any of the provISions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 13.07 Contractual Indemnity: To the extent permitted by law, the Agency shall indemnify, defend, save, and hold harmless ~~ Department and ail its o.fti~ers, agen~s and employees from any claim, loss, damage, cost, charge or expense arising out of any act, error, omiSSIon or negligent act by the Agency, its officers, agents or employees during the performance of the Agreement except that neither the Agency, its officers, agents or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge or expense arising out of any act, error, omission or negligent act by the Department or any of its officers, agents or employees during the performance of the Agreement. When the Department receives a notice of cJaim for damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency and the Department will evaluate the claim and report their findings to each other within 14 working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the claim or to require the Agency defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall notact as a waiver of any right herein to require the participation in or defense of the claim by the Agency. The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, jf any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses at trial. The parties agree that this clause shall not waive the benefits or provisions of Section 768.28, Florida Statutes, or any similar provision of Jaw. ,08 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities on the :::itate Highway System, the Agency shall submit to the Department for approvar all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations covering any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfactjon, the Department will issue to the Agency written approval regardìng the remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department. 13.09 Right of Way Certification: Upon completion of right of way activities on the project. the Agency must certify compliance with all applicable federal and state requiremel1ts. Certification is required prior to advertisement for or solicitation of bids for construction of the project, including those projects for which no right of way is required. 13.10 Agency Certification: The Agency will certify in writing, prior to project closeout, that the project was completed ín accordance with applicable plans and speciflcatiøns, is in place on the Agency facility, that adequate title is in the Agency, and that the project is accepted by the Agency as suitable for the intended purpose. 13.11 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. Air words used in any gender shall extend to and include all genders. 13.12 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each ofwh,ch so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 13.13 Restrictions on Lobbying: Federal: The Agency agrees that no federally appropriated funds have been paid, or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency. a member -ç Congress an officer or employee of Congress, or an employee of a member of Congress in connection with the Harding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, qrant, loan. or cooperative aqreement. Agenda Item No. 16810 January 25, 2005 Page 17 ~it-4o PROJ MGT, RESEARCH a. DEV OFC OGe - 11103 If any f~nds o~her than federally appropriated funds have been paid by the Agency to any person for influencing o;ape 10 d 12 attempting to Influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress,. or an employee of a member of Congress in connection with this Agreement. the undersigned shari complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shali require that the 'anguage of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shan certify and disclose accordingly. State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. 13.14 Maintenance: The Agency agrees to maintain any project not on the State Highway System, constructed under this Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency (!) will 0 will not maintain the improvements made for their usefullìfe. 13.15 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five 5 working days to inspect and approve the goods and services unless the bid specifications, purchase order, or contract specifies otherwise. The Department has twenty (20) days to deliver a request for payment (voucher) to the Florida Department of Financial Services. The twenty (20) days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. If a payment is not availabJe within forty (40) days after receipt of the invoice and receipt, inspection, and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), Florida Statutes, will be due and payable, in addition to the invoice amount to the Agency. Interest penalties of less than one doHar ($1) will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Florida Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850)410-9724 or by calling the State Comptrolfer's Hotline at 1-800-848-3792. IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written. AGENCY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Title: BoCC Chairman or Designee By: Title: Director of Transportation Development Attest: Title: Clerk Attest: : Title: Executive Secretary As to ~ rm: As to form: Attorne District Attorney See attached Encumbrance Form for date of funding approval by Comptroller. Agenda Item No. 16810 January 25, 2005 Page 18 of 25 525-01 D-4() PROJ MGT. RESEARCH & DEV OFC OGC - 11103 P~11of12 FPN NO.415623-1 EXHIBIT A Project Description and Responsibilities. This exhibit,forms an integral part of that certain Reimbursement Agreement between the State of Florida Dep rt t f TransportatIon and ' a men 0 CoiJier County Dated PROJECT LOCATION: St. Andrews Boulevard from US 41 to Pebble Beach Boulevard The project 0 is @ is not on the National Highway System. "[:Ja.:; ,project 0 Is @ is not on the State Highway System, , Pt-<OJECT DESCRIPTION: Irrigate and landscape side of road jn Right-of-Way from US 41 to Pebble Beach Boulevard. SPECIAL CONSIDERATION BY AGENCY: See Attachment Page 1. SPECIAL CONSIDERATION BY DEPARTMENT: .!be Department shaH reimburse the Agency, subject to funds availability, in the year programmed (currently FY 06/07). Agenda Item No. 16810 January 25, 2005 Page 19 of 25 525-010..r0 ATTACHMENT PAGE 1 Special Consideration by Agency: All work to be conducted outside of the Department Right-of-Way shar! adhere to the 2002 Florida Greenbook standards, as amended. All work to be conducted within Department Right-of-Way shall adhere to the following: (1) The FDOT standard specification for road and bridge construction, 2004 edition as amended, and (2) The FOOT roadway and traffic design standard, 2004 edition as amended and design criteria from the PPM, 2003 edition as amended. For all projects the following will apply: a) Section 287.055, F.S. "Consultants Competitive Negotiation Act" b) FDOT ·Project Development and Environmental ManuaJ," wnere applicable c) The Local Agency Program Manual The Agency wilr inform the Department in writing of the commenœ!11ent and compl~tiC?n o! the proj~ct. ~pon completion of the project, the Department will have forty-fllle (45) days after receIpt of the Agency S inVOice to reVieW, Inspect and approve the project for payment. The Department shall reimburse the Agency, subject to funds availability, in the year programmed (currently FY 06/07). Agenda Item No. 16B10 January 25, 2005 Page 2Cì~~0 PROJ MGT, RESEARCH & DE\' OFC OGC - 11103 Page 12 of 12 FPN. NO. ..ÆNCY NAME & BILLING ADDRESS Collier County Finance Department 2671 Airport Road Naples, Florida 34112 IrI'ATE O"'I.OI'IIQA, DI.PAR'tU1!NT Of'1t:NIaP'OIfrÞtTIœI LOCAL AGENCY PROGRAM AGREEMENT EXHIBIT "8" SCHEDULE OF FUNDING 415623-1 PROJECT DESCRIPTION Namo Landscaping Tennin; Along St. Andrews Boulevard from US 41 to Pebble Beach Boulevard Length Nt A FUNDING (1) (2) I (3) TOTAL AGENCY STA'IE &. TYPE Of WORK bv Fr,cal Year PROJECT FUNDS FUNDS FEDERAL FUNDS P.E. 2003-2004 $0.00 $0.00 2004-2005 2005-2006 TotaJ PE $0.00 $0.00 $0.00 Rlght~f..way 2003·2004 ,.-.. 2004-2005 2005-2006 I- Total Rioht-<lf-Wall Cost $0.00 $0.00 $0.00 Construction 2003-2004 $0.00 $0.00 2004-2005 2005·2006 2006-2007 $69,800.00 $69,800.00 T alai Contract Costs $69.800.00 $0.00 $69,800.00 Construction Engineering and nspectlon 2003-2004 $0.00 $0.00 2004-2005 2005-2006 $0.00 $0.00 $0.00 Total COnstruction Engineering Total Construction Coo $69.600.00 $0.00 $69,800.00 ESTIMATED TOTAL COST OF THE $69,800.00 $0.00 $69,800.00 PROJECT I The Department's fiscal year begins on July 1. For this project, funds a,.. not projected to be available until aftllr The Department will notify the Agency, In writIng, when funds ate available. July 1st each fiacal year. "No work shall begin until the Department has issued a written Notice to Proceed for each phase. This Is an advanced t:\ reimbursement contract in which the Local Agency shall be reimbursed in accordance with Exhibit R of this agreement. Funds are ~ contingent upon legislative approval. EXHIBIT L Landscape Maintenance Agreement Agenda Item No. 16B10 January 25, 2005 Page 21 ~~?D-40 PROJ MGT. RESEARCH & DEV OFC DOC -11103 Article 13.14 is expanded by the following: The Department and the Agency agree as follows: 1. Until such time as the Project is removed from the project highway pursuant to paragraphs 3 and 5 hereof, the Agency shall, at all times, maintain the project in a reasonable manner and with due care in accordance with all applicable Department guidelines, standards and procedures (Project Standards). SpecificaUy, the Agency agrees to: (a) Properly water and fertilize all plants, keeping them as free as practicable from disease and harmful insects; (b) Properly mulch plant beds; (c) Keep the premises free of weeds; (d) Mow and/or cut the grass to the proper length; (e) Properly prone all plants which responsibility includes (I) removing dead or diseased parts of plants or (II) pruning such parts thereof which present a visual hazard for those using the roadway; and (1) Remove or replace dead or diseased plants in their entirety, or remove or replace those plants that fall below original "Project Standards .. The Agency agrees to repair, remove or replace at its own expense all or part of the project that falls below "Project Standards" caused by the Agency's failure to maintain the same in accordance with the provisions of this paragraph. In the event any part or parts of the project, including plants, have to be removed and replaced for whatever reason, then they shalt be replaced by parts of the same grade, size and specification as provided in the original plans for the project. Furthermore, the Agency agrees to keep litter removed from the project highway. 2. Maintenance of the project shalf be subject to periodic inspections by the Department. In the event that any of the aforementioned responsibilities are not carried out or are otherwise determined by the Department to be not in conformance with the applicable project standards, the Department, in addition to its right of termination under paragraph 4(a), may at its option perform any necessary maintenance without need of any prior notice and charge the cost thereof to the Agency. 3. It is understood between the parties hereto that any or all of the project may be removed, relocated or adjusted at any time in the future as determjned to be necessary by the Department in order that the adjacent State road be widened, altered or otherwise changed to meet with the future criteria or planning of the Department. The Agency shall be given notice regarding such removar, relocation or adjustment and shall be alJowed 60 days to remove all or part of the project at its own cost. The Agency will own that part of the project it removed. After the 60 day removal period, the Department will become the owner of the unremoved portion of the project, and the Department then may remove, relocate or adjust the project as it deems best, with the Agency being responsible for the cost incurred for ~he removal of 4. This Agreement may be terminated under anyone of the following conditions: (a) By the Department. if the Agency faUs to perform its duties under this Agreement following 15 days written notice. (b) By either party following 60 calendar days written notice. 5. [n the event this Agreement is terminated in accordance with Paragraph 4, the Agency shall have 60 days after the date upon which this Agreement is effectively terminated to remove all or part of the remaining project at its own cost and expense. The Agency will own that part of the project it removed. After the 60 day removal period portion of the project, the Department then may take any action with the project highway or all or part of the project it deems best, with the Agency being responsible for any removal costs incurred. 6. This Agreement embodies the entire agreement and understanding between the parties hereto and there are no other Agenda Item No. 16810 January 25, 2005 Page 22 of 25 62~1()'4D CONSTRUCTlON OGC -11/DJ EXHIBIT L Landscape Maintenance Agreement ~reements or .understandings, oral or written, with reference to the subject matter hereof that are not merged herein and Jperseded hereby. 7. This Agreement may not be assigned or transferred by the Agency in whole or in part without consent of the lepartment. 8. This Agreement shaH be governed by and construed in accordance with the laws of the State of Florida. 9. An notices, demands, requests or other instruments shall be given by depositing the same in the U.S. Mail, 05tage prepaid. registered or certified wit~ retum receipt requested or by telex or telegram: (a) If to the Department, addressed to: Mi-C'h~ 1 le S P¡:ornnh1 P.O. Box 1249 Bartow, Florida 33831 ,r at such other address as the Department may from time to designate by written notice to the Local Agency; and {b} If to the Local Agency, addressed to: L.. , Petersen 2705 Horseshoe Drive South Na~les, Florida 34104 . )r at such other address as the Agency may from time to time designate by written notice to the Department. An time limits provided hereunder shall run from the date of receipt of all such notices, demands, requests and other nstruments. Agenda Item No. 16810 January 25, 2005 Page 2359J~~~ PROJ MGT. ReSEARCH & DEV OFC OOC - 11103 EXHIBIT Rl Roadway lighting Maintenance Agreement L a. The Agency shall, at íts sole cost and expense, maintain the existing or about to be installed Roadway lighting System throughout its expected useful life unless and until this Exhibit is superceded by a State Highway Maintenance and Compensatíon Agreement. b. In maintaining the Roadway Lighting System, the Agency shall perform all activities necessary to keep the Roadway lighting System fully and properly functioning, with a minimum of 90% lights burning for any lighting type (ex. high mast, standard, underdeck, sign) or roadway system at aJl times for their normal expected useful life in accordance with the original design thereof, whether necessitated by normal wear and tear, accidental or intentional damage, or acts of nature. Said maintenance shall include, but shall not be limited to, providing electrical power and paying all charges associated therewith, routine inspection and testing, preventative maintenance, emergency maintenance, replacement of any component parts of the Facilities (including the poles and any and alf other component parts installed as part of the Facilities), and the locating (both vertically and horizontally) of the Facilities as may be necessary. C. All maintenance shaff be in accordance with the provisions of the following: (1) "Manual of Uniform Traffic Control Devices"; and (2) All other applicable local, State or Federal laws, rules resolution or ordinances and Department procedures. 2. Record Keeping The Agency shall keep records of all activities performed pursuant to this Exhibit. The records shall be kept in such format as is approved by the Department. 4. Default In the event tnat the Agency breaches any of the provisions above, then in addition to any other remedies which are otherwise provided for in this Agreement, the Department may exercise one or more of the following options, provided that at no time shall the Department be entitled to receive double recovery of damages: a. Pursue a claim for damages suffered by the Department or the public. b. Pursue any other remedies legaUyal/ailable. c. As to any work not performed by the Agency, perform any work with itS'own forces or through contractors and seek reimbursement for the cost thereof from the Agency if the Agency fails to cure the non-performance within 14 calendar days after written noticed from the Department, however that advance notice and cure shall not be preconditions in the event of an emergency. Agenda Item No. 16810 January 25, 2005 Page 24s~o PRo.¡ MGT, RESEARCH & DEV OFC OGC -11103 EXHIBIT RL Roadway Lighting Maintenance Agreement 5. Force Majeure Neither the Agency nor the Department shall be liable to the other for any failure to perform under this Exhibit to the extent such performance is prevented by an act of God, war, riots, natural catastrophe or other event beyond the control of the non-performing party and which could not have been avoided or overcome by the exercise of due diligence; provided that the party claiming the excuse from performance has (a)promptly notified the other party of the occurrence and its estimate duration, (b) promptly remedied or mitigated the effect of the occurrence to the extent possible, and (c) resumed performance as soon as possible. 6. Miscellaneous a. The parties understand and agree that the Department has manuafs and written policies and procedures which shall be applicable at the time of the project and the relocation of the facilities and except that the Agency and the Department may have entered into joint agreements for utílity work to be performed by a contractor. To the extent that such a joint agreement exists, this Exhibit shall not apply to facilities covered by the joint agreement. Copies of Department manuals, policies, and procedures will be provided to the Agency upon request. b. Time is of the essence in the performance of all obligations under this Exhibit. Agenda Item No. 16810 January 25, 2005 Page 2~gt~o I'ROJ MGT, RESEARCH & OEV OFC ~ OGC .11103 EXHIBIT R ADVANCE PROJECT REIMBURSEMENT Article 2.02, second and third sentences are deleted and the following substituted: This agreement shall continue in effect and be binding on all parties until the project is completed, any subsequent litigation is complete and terminated, final costs are known, and legislatfvely appropriated reimbursements, if approved, are made by the Department. Article 7.00, first sentence is deleted and the following substituted: The Department agrees to reimburse the Local Agency in accordance with Section 339.12 of the Florida Statutes an amount not to exceed the total estimated cost specified in Article 3.01 beginning in the Department's Fiscal Year ~ If the funding is from the Federal Highway Administration (FHWA), the payment will be made in a lump sum in the year(s) the project is scheduled in the Department's Work Program as of the date of the agreement. If the FHWA funding is programmed in the Departments Adopted Work Program over a multi·year period, an annual amount equal to the amount programmed will be reimbursed in each of these years .If the project is for resurfacing, is estimated over two million dollars and rs state funded, payments will be made in six equal quarterly payments beginning in the year the project was originally programmed. For all other state funded construction contracts estimated over two miUion dollars, payments will be made in ten equal quarterly payments beginning in the year the project was originally programmed. All payments will be made in accordance with Section 6.00 of the agreement. f there is a required 'ocal match of non-federal share, the reimbursement will be reduced by the required amount. The Department further agrees to request appropriation of said amounts from the legislature prior to each fiscal year in question. Agenda Item No. 16B11 January 25, 2005 Page 1 of 15 .- EXECUTIVE SUMMARY Recommendation to adopt a resolution authorizing the exchange of real property in accordance with the provisions of Section 125.37, Florida Statutes. (FISCAL IMP ACT: recording fees not to exceed $100) Project No. 66042 OBJECTIVE: To adopt a resolution authorizing the exchange of real property in accordance with the provisions of Section 125.37, Florida Statutes. CONSIDERATIONS: As part of a previous agreement approved by the Board on June 22, 2004, it was agreed that the developers of the Wal-Mart store being constructed in the Southwest quadrant of Interstate 1-75 and Immokalee Road would exchange proposed right-of-way which they own, and which is required for the expansion of Immokalee Road from four lanes to six, in return for the transfer of a portion of the access road right-of-way located at the southwest comer of the interchange at Interstate 1-75 and Immokalee Road. Before this can occur, however, title to the access road right-of-way must be transferred from FDOT to Collier County, the County must publish a legal advertisement in a newspaper of general circulation once a week for at least two weeks, and the Board must adopt a resolution finding that the exchange of real property is in the best interest of the County and authorizing said exchange. _. All acts required of the County to acquire title to the access road right-of-way from the FDOT have been perfonned. The only remaining fonnal act required of the Board of County Commissioners in order to effect the property exchange is the adoption of the attached resolution. FISCAL IMP ACT: Recording fees not to exceed $100.00 will be paid from Gas Tax Fund (313). GROWTH MANAGEMENT IMP ACT: This project is consistent with the Long Range Transportation Plan and the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida: 1. Adopt the resolution authorizing the exchange of real property, and aúthorize its Chainnan to execute same on behalf of the Board; and 2. Authorize its Chainnan to execute a quitclaim deed for that portion of the access road right-of-way being transferred to the abutting land owner. PREPARED BY: Kevin Hendricks, Right-of-Way Acquisition Manager, TECM Department ,- Transportation Engineering and 1/12/20059:47 AM Transportion Services Construction Approved By Dale A. Bathon, P.E. Prinicipal Project Manager Date Transportation Engineering and 1/12/2005 10:02 AM Transportion Services Construction Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportion Services Transportation Services Admin. 1(12/20051:12 PM Approved By Sharon Newman Accounting Supervisor Date Transportion Services Transportation Administration 1/12/20054:27 PM Approved By Lisa Taylor Management/Budget Analyst Date Transportion Services Transportation Administration 1/12/20056:18 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 1/13/200510:53 AM Approved By OMS Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1(13/200511:58 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1/14/20053:55 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1/18/20057:10 PM Agenda Item No. 16811 January 25, 2005 Page 3 of 15 RESOLUTION NO. 2005 - A RESOLUTION AUTHORIZING THE EXCHANGE OF PROPERTY PURSUANT TO SECTION 125.37, F.S. WHEREAS, in accordance with provisions of Section 125.37, Florida Statutes. whenever the Board of County Commissioners possesses any real property not needed for public purposes, said property may be exchanged for other real property, when doing so is in the best interest of the County; and WHEREAS, on June 22, 2004, the Board of County Commissioners approved and entered into an agreement with A. Grover Matheney, as Successor Trustee under that certain Land Trust Agreement dated June 29, 1988, and as Successor Trustee under that certain Land Trust Agreement dated June 10, 1998, Blend-All Hotel Development, Inc., Walden A venue Blend-All Hotel Development. Inc., Dick Road Blend-^IL__!l~1 _ { PonøIiIIcI Development, Inc., and WR-I Associates, Ltd, (collectively "Blend-All") contemplating, among other things, the exchange of property owned by Blend-All and needed for the expansion of Immokalee Road (see Exhibit "A" Parcels I through 5), in return for the 1ransfer of a portion of former access road right-of-way (see Exhibit "B") from the County to Wal-Mart; and WHEREAS, said access road right-of-way is being transferred from the State Highway System to the jurisdiction of Collier County; and WHEREAS, a legal advertisement, as required by statute, has been published once a week for two weeks in a newspaper of general circulation, setting forth the terms and conditions of such property exchange; and NOW THEREFORE BE IT RESOLVED that the Collier County Board of County Commissioners does bereby authorize the conveyance of a portioo of the former access road right-of-way being acquired from the Florida Department of Transportation and identified in Exhibit "B" to the abutting property owner in exchange for the transfer to Collier County of real property identified in Exhibit "A:' and required for the expansion of Immokalee Road from four lanes to six lanes between US-41 and Interstate 1-75. THIS RESOLUTION ADOPTED this _ day of second and majority vote. , 2005 after motion, , Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Fred W. Coyle, Chairman A TrEST: D~GHTE.BROCK,CLERK Approved as to form and legal sufficiency: Ellen T. Chadwell Assistant County Attorney IHM HOLE MONTES ENGINEERS· PlANNERS . SlJRIÆYORS 950 Encore WaY' Naples, Florida 34110 . Phone: 239.254.2000 . Fax: 239.254.2099 Agenda Item No. 16811 January 25, 2005 Page 4 of 15 HM PROJECf #2000 10/21/2 REF. DWG. #B-37'¿ PARCEL NO. LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOlLOWS COMMENCE AT THE NORTHWEST CORNER OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.89°58'36''E., ALONG THE NORTH LINE OF THE NORTHWES QUARTER OF SAID SECTION 3D, FOR A DISTANCE OF 1320.03 FEET TO THE NORTHWEST CORNER OF T:H WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 30; THENCE RUN S.02°06' lO"E., ALONG THE WEST LINE OF THE WEST HALF OF THE NORTHEAST QUARTEF OF THE NORTHWEST QUARTER OF SAID SECTION 30, FOR A DISTANCE OF 150.10 FEET TO A POINT ON THE SOUTHERLY RIGHT -OF- WAY LINE OF IMMOKALEE ROAD; THENCE RUN N.87°51 '03"E., ALONG THE SOUTHERLY RIGHT -OF- WAY LINE OF IMMOKALEE ROAD FOR A DISTANCE OF 77 .20 FEET TO THE POIN OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE N.87°51 '03"E., ALOt' THE SOUTHERLY RIGHT -OF- WAY LINE OF IMMOKALEE ROAD. FOR A DISTANCE OF 582.34 FEET TO A POINT ON THE EAST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 30; THENCE RUN S.02°05'46''E., ALONG THE EAST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 30, FOR A DISTANCE OF 59.30 FEET; THENCE RUN S.89°03'40"W. FOR A DISTANCE OF 92.87 FEET; THENCE RUN N.48°I6'33"W, FOR A DISTANCE OF 33.83 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE NORTHERLY, WHOSE RADIUS POINT BEARS N.OI °13'05"W., A DISTANCE OF 2863.37 FEET THEREFROM; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 2863.37 FEE" THROUGH A CENTRAL ANGLE OF 01 "14'32" SUBTENDED BY A CHORD OF 62.08 FEET AT A BEARING OF S.89°24'1l"W, FOR A DISTANCE OF 62.08 FEET TO THE END OF SAID CURVE; THENCE RUN N.89°58'3rW FOR A DISTANCE OF 92.35 FEET; THENCE RUN N.88°42' W"W., FOR A DISTANCE OF 266.31 FEET; THENCE RUN N.76°20'48"W., FOR A DISTANCE OF 46.64 FEET TO THE POINT OF BEGINNING; CONTAINING 17,188.: SQUARE FEET, MORE OR LESS. TillS PROPERTY IS SUBJECT TO EASEMENTS, RESERV ATIONS OR RESTRICTIONS OF RECORD. .' BEARINGS REFER TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AS BEING S.89°58'36''E. HOLE MONTES, INC. 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W :::;;(3 d ~ ~ Ow 0 C) urn ~ ~ W lLlL ... -< .-J 00 c 0 f-f- zz õã 0...0... ;;zfJ;~ ~¡¡¡~ urn -< 0 00 w r 0...0... u naMoNuaq ¡.(q pa+~O\d IJOL2'6 - ..002 't2 :t:JO }apoH 'CI'Ol 6"~'£-1-Ç;£-O£""N\S3H:IL3)fS: ])tVl\L90000a\OQ.02\ln 950 Encore Way' Naples, Florida 34110' PhOlle: 239.254.2000 . Fax: 239.2542099 HM~mfl.~. :16811 2005 REF. DWG. B- 4 of 15 PARCEL NO. 749 - LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, HJORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 30; TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA; TfIENCE RUN $.89°58'36"E., ALONG THE NORTH LINE OF THE NORTffi\'E..~T QUARTER OF SAID SECTION 30, FOR A DlST ANCE OF 1320.03 FEET TO urn NORTHWEST CORNER OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 30; THENCE RUN 8.02"06' 1O"E., ALONG THE WEST LINE OF THE WEST HALF OF TIrn NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 30, FOR A DISTANCE OF 150.10 FEET TO A POINT ON THE SOUTHERLY RIGHT -Of- WAY LINE OF IMMOKALEE ROAD; THENCE RUN N.87°51 '03"E., ALONG THE SOU11IERLY RIGHT·OF- WAY LINE OF IMMOKALEE ROAD FOR A DISTANCE OF 58.84 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE N.87"51 '03"E., ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE ROAD, FOR A DISTANCE OF 18.36 FEET; THENCE RUN S .76°20' 48"E., FOR A DISTANCE OF 46.64 FEET; THENCE RUN 5.88°42 'I O"E., FOR A DlST ANCE OF 266.31 FEET; THENCE RUN 8.89°58'33"E., FOR A DlST ANCE OF 92.35 FEIn' TO A POINT ON AT ANGENTIAL CIRCULAR CURVE CONCA VE NORTHERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFr, HAVING A RADIUS OF 2863.37 FEET THROUGH A CENTRAL ANGLE OF 01 °14'32", SUBTENDED BY A CHORD OF 62.08 FEET AT A BEARING OF N.89"24' 11 "E., FOR A DISTANCE OF 62.08 FEET TO THE END OF SAID CURVE; THENCE RUN S. 48° 16'33"E., FOR A DISTANCE OF 33.83 FEET; THENCE RUN S.89003'40"W., FOR A DISTANCE OF7.38 FEET; THENCE RUN N.48°16'33W., FOR A DISTANCE OF 26.44 FEET TO A POINT ON A CIRCULAR CUR VR, CONCAVE NORTHERLY WHOSE RADIUS POINT BEARS N.Ol 0 lQ'43"W. A DISTANCE OF 2868.37 FEET THEREFROM; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 2868.37 FEET THROUGH A CENTRAL ANGLE OFOl0I2'1l" SUB TENDED BY A CHORD OF 60.22 FEET AT A BEARING OF S.89"25'22"W., FOR A DISTANCE OF 60.22 r""EET TO THE END OF SAID CURVE; THENCE RUN N.89°5S'33"W., FOR A DISTANCE OF 92.41 FEET; THENCE RUN N.88"42' lO"W., FOR A DISTANCE OF 266.91 FEET; THENCE RUN N.76°20'48"W., FOR A DISTANCE OF 64.85 FEET TO THE POINT OF BEGINNING; CONTAINING 2,530.1 SQU ARE FEET, MORE OR LESS. THIS PROPERTY .18 SUBJECT TO EASEMENTS, RESERV ATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTH LINE OF TIm NORTHWEST QUARTER OF SECTION 30. TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AS BEING S.89°58'36"8- HOLE MONTES, iNC. CERTIFICATION OF AUTHORIZATION LB #1772 ~~.'J.7.. BY . . fill. . . ¡V THOMAS M. MU i/!t P.S.M. #5628 ST ATE OF FLORIDA W:'.J:f.MX)"."lOOOQ;:iT1.:EGAt.PESÐ5t:!-M.d:x NapJes ' Fort Myers' Venice ...-L()L.() ...- 0 ...- CX)o_ <DNO ..- - t- ,L() ON ClJ Z èg' ECOo... ClJ:J ......C -co CO-;) "0 C ClJ OJ « ª ~ ...:¡ < 0 l) " r.n l) 0 .... :r:: (l., < ~ {) ª Î<¡ 0 d N ~ .,; w .. t 0 ~ S ÏI;¡ ~ ¡n U m 00 i:!i ..c VI ~ .5 !ð "<r 6'" it ~;I æ ..' ......00 --or i ~g ,.¡È§ ~ ~~ ""v: / I I I '" '" , ~ S~ ;¡,'-' ,iii " ~~ 21- ~I z...¡ :::- !Ii, S 02'06'10' E 150,10' j5¡;¡ ~d, u,- ~: 0",0 O!;<~ Q.. ~'" ,/" z~ U) ~ ~ :>- ¡s: I o ¡ ~ ¡ æ~ ~; I ¡!:ð I a~ ~'i I I r I I ¡ \0 I I .!J 5 ~ N U ~ o ~ ~ ~ ~ o :::a ::g f--.-4 \ ..¡- IX) I ..J ...J \ \ Þ5 OJ ¡ ~ ¡g I N \w ~ \~b 'N"- \:4' ~ ~(o 1.'0 rz I /'oj -J ~~ -0 ;¡,!< ~i¡ ,../~- ::; § ~ 0.. .,' ." ---- '~,~~ --cO "!:'i !i...g;¡ ;:3---"" ~o "'""6 ""I:J --J W 1.1) UM ~I «0 c...M ,-- - '''N..rre :::-:::;'1 "" ....~! ~...;'"' ::3::'-~ "'~E '" '" "..- -- - --'- "..- ----.-'--. I- I I , :~ ~ þ¡ I~ :i, ffi fer; ~ ~ U~ ~.'" . ~ 0 t) ~ 0 z.~ ;-- z w :::! w~ Q Uz ~ž Z :::!z w ~3 C> om W ~ð .....J i- t-. ZZ ÕÕ "-ll. >- ZZ <0 n.- ~b: 0- uO:: UU <1:3 0° I-....J <C :J:(,!) UUJ I-....J UJ ~<C tf) - )... ~ ~ 11'li~h "'1(; eliJ5 ~ iì!~m~ .. ~~ g 'E 1" i:-o t~7 g-,~~ c'" "'1: c w ~'" D o=~u1i =g.~~~ z .~£ c:.... :I o « -'" 0.. II ¡; ð " '0. ~ ~ Va> 00 Q~ P.·ONv.it::.; )ÁQ P.Q·µ)1d UGèl't - "CO? '12 -a.~D ~P'Oif,q~¡ ð.Ø-3J.-;;£-()£I'\N\S]HJ¡.:ÞiS 3>1'1.1:\.1500uaa'0· IHM HOLE MONTES ENGINEERS PLANNERS· SURVEYORS 950 Encore Way' Naples, Florida 34110' Phone: 239.254.2000' Fax: 239.254.2099 Agenda Item No. 16811 January 25, 2005 Page 8 of 15 HM PROJECT #2000067 10/21/2004 REF. DWG. #B-3728-3 PARCEL NO. 150 LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N.89°58'36"W., ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 30, FOR A DISTANCE OF 660.02 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 30; THENCE RUN S.02°05'46"E., ALONG THE WEST LINE OF EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 30 FOR A DISTANCE OF 150.10 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF THAT RIGHT-OF-WAY EASEMENT RECORDED IN O.R. BOOK 1689 AT PAGE 1459 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S.89°58'36"E., ALONG THE SOUTHERLY BOUNDARY OF SAID RIGHT-OF-WAY EASEMENT, FOR A DISTANCE OF 50.19 FEET; THENCE RUN S.4[047'38"W. FOR A DISTANCE OF 45.52 FEET; THENCE RUN S.89°03'40"W. FOR A DISTANCE OF 18.61 FEET TO A POINT ON THE WEST LINE OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 30; THENCE RUN N.02°05'46"W., ALONG THE WEST LINE OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST .- QU ARTER OF SAID SECTION 30, FOR A DIST ANCE OF 34.28 FEET TO THE POINT OF BEGINNING; CONT AINING 1,170.8 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AS BEING N.89°58'36"W. HOLE MONTES, INC. CERTIf'lCATION OF AUTHORIZATION LB #1772 BY L., l/,~~Y P.S.M. #5628 STATE OF FLORIDA W:\2COO\1000067\LEG^LDESBJ728-3 dot Naples' Fort Myers' Venice ...-L{)L{) ...- 0 ...- COO_ toN 0 ...- - Q) .L{) ON (l) Z èg> fCOD- (l);:¡ ......c: -CO CO"""> "'0 c: (l) 0) <C wZ -!O [Dr=: «0 I-W rr:: ~O :::J a a µ:¡ ...4 <J:; a U on [J) u 0 ~ P-. <J:; P::: tJ w U cr,N -:- êo ~ lOillN l-oo.riO:)-i (f)1O<:t-~1") o w~~~ 'ill Cx)O ~ -I") I") <:t- <:t- OC>j--...h"ln lO<:t-OO m· m N ro:::toc>O U1U1U1Z W~Nr")<:t- S-'-!-!-! Eo< 0 rz¡ 0 rz¡ ,..; [%, ü ~ .Q o S ~ ,.. , ]1 ~ ~I c i ~ ~ Æ N o d <0 <0 ~ . <0 n to !" '" IX> Z <D N ",' ----"" ~.... , ~g -z wo ~E w zen '" N , ~ ~g "'t3 -II> '" '" - ~~ '-'~ ~z z..¡ :::- '" z I 1 I I I I j _-'~ I (.')1 9-. 1 RI n 0:'1 ~ôl '" (.') I C1. 1 ~ -I I I I ~ I ::¡ ~ I o de: I § "'Ir}£ i It-J I : I I 1:~1 If! ",i .... I-I ir) .... ---- I I I I I ~I ~I ¡¡ ~ . ~ ] ] ] -G t ] ~ ~ ~æ E-, ,,-co 0.... I ",,0 w<"> Oiiiz 00 QUG ... ""w ,-,-zen Im' ~I /5 1 "21 Q I ~ ,I ~I /- Q I'" ·~:'I ~ I è"> ~~ ""0 ~œ n6w -!de:~- ~ð ð~ VI .o~·o<;~ 3 .9?,Ç;o.ZO 5 \~ ~<> I :Jë§ ~'" I 9~ œ<C ~ð I B~ ~ I :: I Z~ o o ..... n'+-;(/} I CT Q) ........ U) Ü I lO 0 I;::'" oOC>tD r") 'N ~OO i' ' c~o <D OJ ..j:, -----"" ~-"'7' -"0 t...:Iz.~ . 'z ~.zQ ;:¡-t; Ww ~z:.(I) L __ do Zoo -'- ~z «0 a..- ~b: 0- uO:: UU «~ 0° 1--1 « :r:<.:> Uw 1--1 W ~« (/) -oJ LU~ UI ~O «M CL it ~ ~ ~ lfii!~ . ~ ~II-cii ~ ;~~;Ii it ~~ g õ ~ ~.~.:~ ~I') I c ó gJ~~z c"" Nt c L.&J .............,,!;! o:~uõ ~g.~.g~ Z..~~ ! ¡;: '5 o <I( ~ a.. - ---- .... " ... ;g <> ~ '- 0 S' S' 0 i'! i" « <C <> 0 na.oNuaq ,Áq panold wdl('2 - >002 '12 PO 1apo~ ,qol O.P'E-l-I-OE1\N\S3H)13~S 3~n\L900002\0002\>n 950 Encore Way' Naples. Florida 34110· Phone: 239254,2000' Fax: 239,254.2099 H~ÆciNmJ~16B11 Ja~ltI2éö.4 2005 REF. Dwct'tftiLE5a46 of 15 PARCEL NO. 750A LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 48 SOUTH. RANGE 26 EAST, COLLIER COUNTY. FLORIDA, BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N.89°58'36"W., ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 30. FOR A DlST ANCE OF 660.02 FEET TO THE NORTHWEST CORNER OF TIlE EAST HALF OF TIfE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 30; THENCE RUN S.02°05'46"E., ALONG THE WEST LINE OF EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 30 FOR A DISTANCE OF 150.10 rEfT TO A POINT ON THE SOUTHERLY BOUNDARY OF THAT RIGHT-OF-WAY EASEMENT RECORDED IN OR BOOK 1689 AT PAGE 1459 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN 8,89°58'36"E., ALONG THE SOUTHERLY BOUNDARY OF SAlD RIGHT-OF-WAY EASEMENT, FOR A DISTANCE OF 222.98 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE S.89°58'36"E., ALONG THE SOlffHERL Y BOUNDARY OF SAID RIGHT-OF- WAY EASEMENT, FOR A DISTANCE OF 219.84 FEET TO A POINT ON THE WEST LINE OF A 60 FOOT WIDE ACCESS ROAD RIGHT-OF-W A Y AS RECORDED IN O.R. BOOK 37 i, AT PAGE 659; THENCE RUN S. 02046'50"W., ALONG A 60 FOOT WIDE ACCESS ROAD RIGHT-OF-W AY FOR A DISTANCE OF 5.01 FEET; THENCE RUN N 89°58'36"W., FOR A DISTANCE OF219.48 FEETj THENCE RUN N,OI°20'S3"W" FOR A DlST A..~CE OF 5.00 FEET TO THE POINT OF BEGINNING; CONT AINING 1,098.3 SQUARE FEET. MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERV ATlONS OR RESTRICTIONS OF RECORD, BEARINGS REFER TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AS BEING N.89°58'36"W, HOLE MONTES, INC. CERTIFICATION OF AtJTHOR1ZATION LB #1772 BY _~~_A.~_ JA1:"~'!:!iL__P.S.M. #5628 THOMAS"~M1~~JfY· STATE OF FLORIDA \.%. .WUfl000061\!..I:::G....tOE..~B$?1.· ].dü~ Naples' Fort Myers' Venice ....L[)L[) .... 0"- 000_ (.QNO ..- - ..- . L[) ..- ON Z è'~ ECUCU (l)::JQ.. _c -CU CU-' 1:::J C (l) OJ « r ~:ç , VJ ~I~ I ,0 ì ! ~,~ Il~1 Zl, I, I..J 0 O:~ en j:= ~í.LO I;;:; (.) ~!O W "'iN L¡J g: ~'I:'- ~ 0,00 ¡,.J ¡ VJ¡ Z ¡ ··T+ ! g.' ·¡:JI~ ¡ I , ' ª l I j p¿¡ H ~ g-, U [J] u '" H ..... ..... ~ ~ l'J o O· ;;r: ,I: § 3' '(:! fr \1' ~~ ?~ ~il ! . ì ~¡ o 10 '" 3:: ~ ~ ~ ¡" :::--t OJ z 1 ."" ~~ ~~ =-6 "" "'''' / .. N 1 ~ :;g \;,.;0 .!:í " ~5 U!k ... z ~~ .~ '" " ',,- e- ~ g f<1 ... r.. ¡ i!!i J1 " -.9 z~ ,orma 3 .9to.\:O.lO S ... :::- .. z i'l!if ..... 0"'- &i~ {)g~ QUF, a...~¡jj 1!. :1 JU 1! II 1 , 1i , :i\: : -e.:.. .T~/.".'/:0. ~<"ír>:-;/"::I j ~·$1~üis.<;j.;¡; ~ "¡:¡~'''/ ~~ ~!k··' . ~. >1'" '~.<.<~ '. J t ~ d'·., '.C . J! liJ-;"":··3 '" \ ?J~ :;1';;/;1".':: %0 \ <"'Ii!'1;1 - , :>~ ,1f~~~.;.j/..'t:1. i ¿; ,~'. ~ ,;~~::~:I 1 ~ ¡:j!J'" , :~,,,,(.~!i. ;.š<> ; ~~ ì.~1~. f '1/ .:.; ¡ 1.....::.3 -- ---- ---. ~_. '" N ""4~ J ~~~ ......0 ~%M ~~§ ::1~~ .:r:::w / 1... ...J w,.... UI c::¿o <('f') 0.. o z _..__.~---- >-z ~o c..¡:: ::::EQ.. 0- uO:: UU <~ 0° .......J -< :I:e> üUJ ....-1 UJ :r¿« (I) ~ W! c:ri · N ~'<t . 'co ¡:;¡~: ~ C!!N :r ~ <2: '«I Il ~ I"~' z ~ I~; \~l .0 CD I:...·~.:ã¡ 0 :~, ~ (L fikN ;~~~; ~ I:¡,)W~ ~~ 1:;,;··;,1" '" ,:<'iil! ~~ . '~V'J ; ~ ¢t! 1-' -~g-" ~~ 'Y', ~§¡ ~fr í J,tj t I,~ 1 ~I I ~'i I .. ).,. ~ I:il~h -.q: II ~¡I ~ i~~~~ if i= § 1> ~ ...N.!_ e.... I "',; "'.; ;X~:Z g...",'Ec W __-.,2 o:~oõ ~8-~.g~ z .;£ sc:~ .r. .... -----~.. --- l- I! :2 w ;f uJe;> 0 Uz z- Z wz gÈ ~ ~ ;fZ W ::1;13 ¡,¡8 ~ !: Ow C> om ... ... ~ W ...t., " ~ 00 '" ~ < -I 0 ,- ,... zz õð C'i.-C'.... ;.: ).: z ~~ g~ i ~ E - tLCí. ~ Õ H~,il:ott~·q "~(I e:"~.Ollt:! ""'0.21101 - t"t:lCê!' .~ ~~O !..}:to..: ·~'CI1 ~JiI'¥'J.!.-1-'!!£~N\SJ'H~j"1>lS 3,)(Vl'\l9CO!.1)<!'\.OC¡)?'\!'1 HNI HOLE MONTES ENGINEERS· PLANNERS· SURVEYORS 950 Encore Way' Naples, Florida 34110' Phone: 239.254,2000' Fax: 239.254.2099 Agenda Item No. 16811 January 25, 2005 Page 12 of 15 HM PROJECT #2000067 10/2812004 REF. DWn, #B-5047 PARCEL NO, 750B LEGAL DESCRIPTrON AP ARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 48 SOUTH. RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTrCULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST. COLLIER COUNTY, FLORlDA; THENCE RUN N.89"58'36"W., ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 30, FOR A DIST ANCE OF 660.02 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 30; THENCE RUN 5.02"05'46"E., ALONG nrn WEST LINE OF EAST HALF OF THE NORnrnAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 30 FOR A DISTANCE OF 150. IO FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF THAT RIGHT -OF- WAY EASEMENT RECORDED IN O.R. BOOK 1689 AT PAGE 1459 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN 8.89°58'36"E., ALONG THE SOUTHERLY BOUNDARY OF SAID RIGHT-OF-WAY EASEMENT, FOR A DISTANCE OF 442.82 FEET TO A POINT ON THE WEST LINE OF A 60 FOOT WIDE ACCESS ROAD RIGFIT-OF-W A Y DESCRIPTION AS RECORDED IN O.R. BOOK 371, AT PAGE 659; THENCE RUN $. 02"46'50"W., ALONG SAID ACCESS ROAD RIGHT-OF-WAY DESCRIPTION FOR A DISTANCE OF 5.01 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE S. O:P46'50"W., ALONG SAID ACCESS ROAD RIGHT-OF-WAY DESCRIPTION FOR A DISTANCE OF a.I5 Ff:.'ET; THENCE RUN S.87°13'lO"E., FOR A DISTANCE OF 39.28 FEET; THENCE RUN $.00"09'44"\\'., FORA DISTANCE OF 21.62 FEET; TlŒNCE RUN N.89"50'16"W., FOR A DISTANCE OF 61.00 FEET; THENCE RUN N.00009 '44' 'E. , FOR A DISTANCE OF 23.52 FEET; THENCE RUN S.89"58'36"E., FOR A DISTANCE OF 2 1.77 FEET TO THE POINT OF BE(ì(NNING; CONTAINING 1,395.8 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD, BEARINGS REFER TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 48 SOUTH. RA.NGE 26 EAST, COLLIER COUNTY, FLORIDA, AS BEING N.89"58'36"W. HOLE MONTES, INC. CERTIFICATION OF AUTHORIZATION LB #1772 BY ~&L~¿ P.S.M. #5628 STATE OF FLORIDA 'W.'.¡.w:t~TL(¡G^U)~S1U{l..\;]-ó^...: - Napif¡s . Fort Myers' Venice .,-L{)L{) .,- 0"- CQO_ r.oNO ..- - C'? . L{) ..- ON Z~¡g, E CU CU ()::¡a.. _c: -CU CU""") "D c: () 0) <f.'. ~ ~ -< ~ () rn u 0 ..... ::r: Il. < p:: c.? .I ... tì 0 iii 10 f&. Þ !!¡ .d ( ~.a ~- z~ '" N ~ ,.;' ~~ ",0 ef~ ~~ 0" 10" ",,' '> ... :::- t iªg¡ S* ul= 0",13 a... z: ¡;j // !~ f~ í=:r ~;( s Ò <0 <0 ., ~ io VI i z ¡(! Z~ -, !':g ~~ z~ ./ !!! .0 ro!Õ I I/r"!/:... ///¡ . ,r ~ ~;;; .., / I ~/!!;·l. .1 I./Ï~b Il./ / ~fl //.k~ ¡ç¡/ I .ã¡ ..../ : 'as /1 ±~ I d:;~l/~/:~·) ~~~/),íit\:/ I 1./ I ..., ) I~'I //1 1~. co~ ~I I, (>. (.::':' I··~~.·.;:: " '~. '" I i., ,. t·\'·<Ñ . ·.IID '~N " ',,"It' ,...:.;~.,. ',"','('!tI" , '..,'-'-.t .......!..:.. . .-,~ 'lio I ...·.111 o "m-- I i ~ § --I UJ.- UI ~o <M 0... ~z <cO a...- :2:6: 0- uO:: UU «~ OC ......J <c :r:e> uw 1:;j..J ::io<:::< (/) .. ~ ~.I:IIII ~. ~11;;i ~ iÞ1.¡§ ... t~g~~ ~;~:," e....l· ... gJ on, .5'" rI'I.. o:ãìð~ 1/)-1') N Ot g.~';1: Z ;¡ 1i~ ð¡¡: .c .:: Go II ~~ ,..,.. zz ãõ Goo.. \\...aN"~ .~~ p"nOld "'''6.<6 - .ooz '82 PC ¡..po¡.¡ ""1 e"p'nl-I-0£I\N\S3!QlJ~S 3)¡Yl'L,><}OOOa',~~O' 0"" 00 a. a. .~~ ±~ iE,. ~;¡ ¡( ...¡.¡ ~~* :!:~ ,.¡~~ £:) ~-t ...!i!1Ji Z W J- - f3 -J -- ...-, 0_ HM HOLE MONTES ENGINEERS· PlANNERS· SlÆVEYORS 950 Encore Way' Naples. Florida 34110 ' Phone: 239.254.2000 . Fax: 239.254.2099 Agenda Item No. 16B11 January 25. 2005 Page 14 of 15 HM PROJECT #2000067 10/28/2004 REF. DWG. #B-5049 LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNfY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUNN.89°58'36"W., ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 30, FOR A DISTANCE OF 660.02 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 30; THENCE RUN S.02°05'46"E., ALONG THE WEST LINE OF EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 30 FOR A DISTANCE OF 113.83 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF THAT RIGHT-OF-WAY EASEMENT RECORDED IN OR BOOK 1689 AT PAGE 1459 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S.87°13'IO"E., ALONG THE NORTHERLY BOUNDARY OF SAID RIGHT-OF-WAY EASEMENT FOR A DISTANCE OF 445.39 FEET TO THE BEGINNING OF THE NORTHERLY LINE OF A 60 FOOT WIDE ACCESS ROAD RIGHT-OF-WAY DESCRIPTION AS RECORDED IN O.R. BOOK 371 AT PAGE 659, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S.02°46'50"W., ALONG THE WESTERLY BOUNDARY OF SAID ACCESS ROAD RlGHT-OF-W A Y DESCRIPTION FOR A DISTANCE OF 20.00 FEET TO A POINT LYING 20.00 FEET SOtITHERL Y OF AS MEASURED AT RIGHT ANGLES TO SAID NORTHERLY LINE OF SAID ACCESS ROAD RIGHT-OF-WAY DESCRIPTION AND TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S.87°13'IO"E., PARALLEL WITH SAID NORTHERLY LINE OF SAID ACCESS ROAD RIGHT -OF- WAY FOR A DISTANCE OF 100.59 FEET; THENCE RUN S.89058'24"E., PARALLEL WITH THE NORTHERLY LINE OF A 60 FOOT WIDE ACCESS ROAD RIGHT-OF- WAY DESCRIPTION FOR A DlST ANCE OF 440.14 FEET TO A POINT ON THE EASTERLY BOUNDARY OF A 60 FOOT WIDE ACCESS ROAD RIGHT -OF-W A Y DESCRIPTION; THENCE RUN S. 02°05'33"E., ALONG THE EASTERLY BOUNDARY OF A 60 FOOT WIDE ACCESS ROAD RIGID -OF- WAY DESCRIPTION FOR A DIST ANCE OF 40.03 FEET A POINT ON THE SOtITHERL Y BOUNDARY OF A 60 FOOT WIDE ACCESS ROAD RIGHT-OF-W A Y DESCRIPTION; THENCE RUN N.89°58'24"W., ALONG THE SOUTHERLY BOUNDARY OF A 60 FOOT WIDE ACCESS ROAD RIGHI -OF- WAY DESCRIPTION FOR A DISTANCE OF 442.58 FEET; THENCE RUN N.87D13'1O"W., ALONG THE SOUTHERLY BOUNDARY OF A 60 FOOT WIDE ACCESS ROAD RIGHI-OF-WAY DESCRIPTION FOR A DISTANCE OF 101.55 FEET TO A POINT ON THE WESTERLY BOUNDARY A 60 FOOT WIDE ACCESS ROAD RIGHT-OF-WAY DESCRIPTION; THENCE RUN N.02D46'50''E., ALONG THE WESTÉRLY BOUNDARY A 60 FOOT WIDE ACCESS ROAD RIGHT -OF- WAY DESCRIPTION FOR A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING; CONTAINING 21,697.3 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARlNGS REFER TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AS BEING N.89°58'36"W. HOLE MONTES, INC. CERTIFICATION OF AUTHON.JZATION LB #1772 BY iJ-...v 1/i, ~~ THOMAS M.· UR?- P.S.M. #5628 ST ATE OF FLORIDA W:~'N.EGAlJ)ES8504'.do; Names' Fort Mvers . Venice ...-L.()L.() ...-0"'- CQO_ (ON 0 ....... - L.() .L.()...- ON Z è~ ECtICtI ():::;a.. _c: -CtI CtI-.. '0 C () 0) <C w ~OiRÌO'):gO < 0 .0 ,0 ~oOoóão ~N.-...t,....V o Ò=WWÒ=W w Z I: I: I: t; :. --,0001")00 CDt=U"')....--_n~~tO ;'< Ow I") If) I") CD r-w,.rpr~ WO:::Nf".Nf'.N zaolX)oCXJo :J (l}1./1(f)ZZ ~:J~:J~~ --' 0 ~ µ:¡ H ~ 0 ..J U '" .... ifJ E-< 0 ¡:.¡ 0 U ~ .... 0 ...... II ~ ~ .I1 P-. (J ~ ,5 p:: Cj 0 ~ ~ ~ , jl ~ ~ , ~ I Ñ o d <0 <0 ;I: . <0 I') òo \0 01 CD Z '" '" ..,.1 ,-co -..,. 1 ~~ .:Z; ""0 ~E "" :Z;v, '" '" 1 ~ ~~ "'~ . U1 '" ~-t 0- <>~ J<Z z~ w Z ,£'tI'£ ~ ~ 3 .9t,gO.Z:O 5 z__ ~~ ,,-co 0"" , 0<0 ""M ü~i§ out; a.. ~ ¡;¡ / L3 . .... ....... ] j~~. '~¡w . ...-' CI~,' / a:> ." a::: cil/:- 1.0 ~~:~~;'.:: N "t!1S-::' ~ ,:1;.. g;-/ '<t [¿~ :~,~: ~ I,~ ::.2':( · fNi, ',ò~~," "<t rto~ ,~~".", ~ ~~¡ ~.f2R'~"·~'· ~ 1m, ~~.,'". ~ tl()~8> ~ ~ l~'~;;> ~ "C ~il r ~ ,] " 'c>~/" ~ .::: < ~ :~¿¡<, ¡~~¿ ~r ~1,';' zb~ ~ :Qr:>~tf:' ::J~':t';,' ,!;\5Ç; ~ '" ,Õ,', ~~8 ów ~$f' ~>-m ~~ ~<ë :;:~~ :x: ,'w< §~ ..~:S ~ ~~ ~6 CL..... --- ¡¡:"'": u<1' "'.... <6 CL..... '" '" ..,;, ·.......co "'-.... :::;.~¿, ""ZM !i.z~ ;:r t; """" .Zen L_ --J LUr- UI OCO - ZZ <0 0..- ~h: 0- U~ UU <~ 0° 1--1 < :1:0 Uw 1--1 W ~< (f) .. :>... ~ äill! ~ ;11:15 ~ ;~:;I~ .. ~~ 8 õ ~ ;1:-0 I'- "ItN.!- I! I') I a ö g-Ì:;~z c'" Nt c W ..,......,.j! "cnO- 0_"1 a ~i~.g~ Z.~:Ë c... :J o < .r. D.. na,oN"aq ,J;q panOld W"I,'O¡ - '002 '82 PO )apo~ ,qui 6Mp'^e230"S3HJ13~S 3~~1\L900002\0002\'n ~ ,['D~ .o~" sn CD >,1 ~ >\1 Ù~I ,.....'.- ~<,:·I Ifi "," .,. : 11 ~: I ~ ~fv~ ~".',\:_._ Z 0 ~~~~~1 ~ ~ '~>-':~i I W ::<>'.:....... ~~ >'<1 §~ U1 \ ~c \ ::¡~ ~'" I ¿'w d:~ f!'ð 1 ~~l , 1,"·...:,~'\...,',1".:'¡ Agenda Item No. 16C1 January 25, 2005 Page 1 of 6 EXECUTfVESUNmdARY ~ Recommendation to award Bid #05-3762 to Encore Construction Company to construct the Sodium Hypochlorite Tank and Piping Repairs, in the amount of 572,500, and approve the necessary budget amendment, for the North County Water Reclamation Facility Bleach Piping Replacement Project, Project Number 73957. OBJECTIVE: For the public purpose of constructing the necessary renewal, replacement, and upgrades to obtain a more reliable and safe sodiwn hypochlorite storage station for the North County Water Reclamation Facility (NCWRF). CONSIDERATIONS: The scope of this project consists of replacing all bleach piping in the bleach feed facility at the NCWRF. Over the past four years, the existing piping has developed nwnerous leaks that need repairs. The leaks are both a safety hazard and could potentially be a violation of FDEP requirements. It is necessary therefore to replace the piping to ensure the safety of the NCWRF employees as well as the surrounding neighbors. This project was not included in the FY 05 Capital Budget due to the fact that these repairs were not anticipated repairs. - Procurement was accomplished as follows: Bid #05-3762 was advertised on November 23, 2004 and one hundred twenty-seven (127) notices were sent. On December 16, 2004 sealed bids were opened for this project. Two bid packages were received and are listed below: Bidder Encore Construction Company. Mitchell & Stark Amount $ 72,500 $ 232,248 The bid tabulation is attached. The design professional's original cost estimate was $75,000. After review, staff concurs with the design professional's assessment of scope and cost. The lowest bid was received from Encore Construction Company in the amount of $72,500. Staff and the design professional have reviewed the bid and qualifications of the low bidder and determined that Encore Construction Company is qualified, responsible, and able to perform the required work. They are currently working on the NCWRF Expansion to 24.1 million gallons per day maximum average daily flow project, and are perfonning . satisfactorily. Staff and the design professional recommend award of the contract to Encore Construction Company. The design professional's recommendation letter is attached. Wastewater repair projects are consistent with the 2003 Wastewater Master Plan Update as adopted by the Board on May 25, 2004 as Agenda Item IOC. - A timeline is attached which shows schedule and costs of all tasks associated with this project. FISCAL IMP ACT: The source of funds is via budget amendment for funds in the amount of $72,500 transferred from Wastewater Reserves to Fund 414, Wastewater User Fees. Executive Summary Approve Contract 05-3762 Page 2 Agenda Item No. 16C1 January 25, 2005 Page 2 of 6 GROWTH MANAGEMENT IMP ACT: This project will have no impact on growth management. RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-officio Governing Board of the Collier County Water-Sewer District award Contract 05-3762 to Encore Construction Company in the amount of $72,500, authorize the Chairman to sign the standard construction contract after approval by the County Attorney, and approve the necessary budget amendment. PREPARED BY: Richard Cannyn, Project Manager, Public Utilities Engineering Department c"- r1Lpt'..v....u. UJ Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 12/28/20044:41 PM Approved By Joseph B. Cheatham Wastewater Director Date Public Utilities WasteWater Treatment 12/30/20048:20 AM Approved By William D. Mullin, PE Principal Project Manager Date Public Utilities Public Utilities Engineering 1/4/20059:13 AM Approved By Roy B. Anderson, P.E. Public Utilities Engineering Director Date Public Utilities Public Utilities Engineering 1/5/20059:13 AM Approved By James W. Delony Public Utilities Administrator Date Public Utilities Public Utilities Administration 1/12/200510:54 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1/12/200511:47 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 1/14/20054:19 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1/14/20054:47 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1/17/200510:29 AM .-I.(')$N üa"", <DO&-ë ..- N V. (J o 1.(')-1% .2: zNe B E è:'~ 0) Q)roO)O::: -=01/) - C '-(J roroõO) "'O~Z 1'0 C ~ Q) 0 rn rtI « c.. ~I 00 00 00 o. 00 0' 00 c;j Iri'Iri' .... ~ .... iß- ~ 0 00 I 0 00 0 00 0 00 0' OOi c;j Iri'Iri' .... ~ . .... iß- i~ 0 0 00 0 0 00 0 0 00 , ~ 0 0 00 It) 0 o It) 0 ,...- o· Iri'Ñ 0 c:: Il) I .... ~,... W ~ iß- iß- "it ~g ~N ~ri ...N .ææN~ O).c=tt:m C.EE~ ..O)=C/) "'>-coð Q) 0 c:: C)ZO)4) m 'O.c: 5"'O~ .v -c .- _ ~S""':Ë _ I/) {.) 0 .~c. e () C.m c ~ '(3 m 1.1.. i Q) 1.1.. .!! .¡:: ~ 2!; o 0 8. N >. <0 :I: :: E = 0) =1/).0 :SSE o :¡::¡ CD C/)coo - {.) 0) Ñ!EC <0 "8 . ¡;:;~~ J, 0)0 OCO) :g :ª 1ü Œlc.o ... S ()rtI "it :5~ g _ ~ N 1'0 ... - I/) - I/)§~æ c:: 0'- .0 ~()~E ~.c:"'~ ¡¡::~oo .- 0 0) z "8z:s-c E~c::.!! 0)= 0 cu c:: '(3 c:: -c '5. rtI == '0 ·-l.I..oc:: Q."C .c: 1'0 .c:Q) 1'0 I/) oQ)I/)O) ¡gLL.rtlê: - 0) - 0 ~:¡:~:E m.Q'ðO) ~'fi~õ .- 0- :I: c'OQ.S>' o c:: ~._ .0 _m....m-c -ê': ~ E E ~ U ':;:.2 cu ~ =e'8g~ C c.. C/) 0::: Q. E S'" o o a:i "It N r"''-: ... ' N ~ o 00 o 00 o oa:i o O"it o ON c;j It)- N- .... ~ (\') iß- N ~ .9 '" C o :¡::¡ :s c:: 8 c:: 0) 0) I/) ~ .Ec:: B c:: .Q '-E ~ ~ '" 0 Q) 5.!!l .c: 0) "C -5 æ ~ ... 'iü ~ tV ~ == e 'Ë 0 ... ... (J .E .E:5 0) 0)- 001'0 c:: c:: "C ~ ... rtI (J ~ () == 11) gjg~ <0«.0 >. .0 -c ~ ~ :s 11) co I/) ~ c:: J!! N (\') I- Z ;:) o :IE. i~ o I- >- >- >- >-!>- >- - >- >- >- i>- >- >- I 0:::1 W 10 10 'ãj 1.1.. o Cf.)Cf.)~ I ffi a::: z I o:::Ow I- ::::>t-¡x: Cf.) I- ~!w J- LU ~1a:::1C. () a::: u...1- ~ «II=! ;~'~ I.I..I~ Z «(jOLUu.. ~aJ.I-~O -J ~ Iffi C/) I- 0 :::!;:u.. ~:I: () Z O:::ow ()-J 0 ~t-l-ffi!žCD «cn~a::09 ~::¡Cf.)I-()aJ >-1 i .... ... ( >- ..... 0) C) m C. - z ):: :i ~~.i ~ _l t \ ~ ~ ~ ,J.:" c( ( E oJ ~ r~~ < .¡.; i1) c:: I/) (J Q) C)c:: «~ ~ .LIC"" ~L. "",--. """··...-r ~. --. - - - .. -- Agenda Item No. 16C1 January 25, 2005 Page 5 of 6 '- HM HOLE MONTES R'-;Irt=ER$ PlAtftRS SlJP,VfVCRS 953 Et>.:ore WaY' "I.;¡¡Ie'>, FtoIica 34\11)' Ph\1l.e: 23S 254,'lßOO- Fin 23~,2S4,2œ7 December 22, 2004 Mr. Richard Cannyn CoUier County PUED 3301 Tamiami Trail East Building H Naples, FL 34112 RE: EVALUATION OF BIDS FOR CONSTRUCTION BID 05-3762 NCWRF SODIUM HYPOCHLORITE FEED FACILITY PIPiNG MODIFICATIONS HM File No.: 2001.096 Dear Mr. Cannyn: We have reviewed the two bids received by the Collier County Public Utilities Engineering Department on December 16. 2004 for the above referenced project. Attached is a spreadsheet as received from Collier County summarizing the bidders' proposals Encore Construction Company submitted the lowest bid of $72,500. This bid compares favorably with the engineer's cost estimate of $15,000. Encore Construction has previously worked for Collier County, and they have established a positive record of perfonnance. Hole Montes recommends award of the construction contract to Encore ConstrUction Company for $72,500.00 If you have any questions, please let me know. Sincerely yours, o per III. P .E. of Project Management HCP= Uk Enclosure cc: Lyn Wood, Collier County Purchasing Joe Goetz~ Hole Montes W:\200 1\200 IOf)(i\ßleacW.("I Client C'orrespondcocc\2004 ¡ 222 rc Sodium H)'P {'ontractA ward IT.doc \;pA!os . Fad Myers . ~ ...-I.í)c.o 00- c.o00 ...-Nc.o '1..íJ Q.) ON OJ Z '>. ro E '-'0.. IJJgj ~c: roro '"OJ c: Q.) OJ « t- It) Ø) C"') t- . o z 1> Q) 'õ' .. a. ii .... 1S. as (..) '! õ ~I 8 .... c CÞ E CÞ (J as C. CÞ D:: D) c 's. D: .c (J as .!! In ~ .- - 'u as LL . . CÞ E as z ,;< .,.. a '! õ ~I 8 .,.. .. Õ .,~:.}, , '! Õ ~] ,.~ 8 t õ ~'I IJ · . . 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OBJECTIVE: The public purpose is to streamline the maintenance and purchase of new pumps and motors for all County departments. CONSIDERATIONS: Several departments within the Public Utilities Division, as well as the County in general, utilize pumps and motors of various sizes and horsepower (HP) in their daily operations, which require the services of an outside vendor for repairs. - Minor pump and motor repairs are performed in the field by the various departments. However, the majority of departments are not equipped and/or trained to perform major repairs, which may require total rebuilding and therefore requires the services of an outside vendor. The Public Utilities Department, in addition to other departments will be using these services. Bid #04-3713 was publicly posted on August 23, 2004. Ninety-four (94) inquiries were sent to vendors and four (4) bids were received by the due date. The bid included qualification requirements ftom prospective bidders, and County staff has visited the bidders' facilities in order to ascertain their qualifications. One ofthe four bidders, Naples Armature, was considered nonresponsive due to not bidding sixteen repair items and not meeting the qualification criteria set forth in the bid document. Staff has reviewed the bids and qualifications of the remaining three bidders and recommends award of repair and purchase of pumps and motors 75 HP and below to John Mader Enterprises Inc., dbalMader Electric Motors as Primary, TAW Orlando Service Center as Secondary and Southern Electric Supply Company, Inc., dbalRexel Mader Motor & Control as Tertiary. Staff further recommends the award of repair of pumps and motors 76 HP and above to TAW Orlando Service Center as Primary and Southern Electric Supply Company, Inc., dbalRexel Mader Motor & Control as Secondary. The recommendation for an award to a Primary, a Secondary and Tertiary stems ftom the growth of services required under this contract. For the purchase of new pumps and/or motors, county staff shall receive quotes ftom at least two of the three contract Vendors. The proposed bid will further the process to enhance reliability of the Collier County Public Utilities in addition to other County departments and will fall under the scope of services specified in the contract. ~ FISCAL IMPACT: These services will be used by several different departments. Individual repair orders and new motor purchases are to be consistent with current budget requirements, as approved by the Board on September 24, 2004. These anticipated orders are consistent with the 2003 Wastewater Master Plan Update and the Water Master Plan Update, as adopted by the Board on May 25,2004, as Agenda Items 10 C and 10 D respectively. Sources of funds within ......'~,..."-""~ ".~......¥ ,~,.,- Agenda Item No. 16C2 January 25, 2005 Page 2 of 9 the Public Utilities will be Public Utilities Operations Fund (408), Water User Fees (412) and Sewer User Fees (414). GROWTH MANAGEMENT IMP ACT: There is no growth management impact resulting from this decision. RECOMMENDATION: That the Board award Bid No. 04-3713 for Annual Contract for Pump and Motor Repair, and Purchase for repair of pumps and motors below 75 HP to John Mader Enterprises Inc., dba/Mader Electric Motors as Primary, TAW Orlando Service Center as Secondary and Southern Electric Supply Company, Inc., dbalRexel Mader Motor & Control as Tertiary and for repair of pumps and motors 76 HP and above to TAW Orlando Service Center as Primary and Southern Electric Supply Company, Inc., dbalRexel Mader Motor & Control as Secondary. PREPARED BY: Department Frank Inzano, Engineering Inspector, Public Utilities Engineering ,,,--. Peter Schalt Senior Project Manager Date Public Utilities Public Utilities Engineering 1/4/2005 3:21 PM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 1/5/20059:07 AM Approved By Dennis McGee Project Manager Date Public Utilities Public Utilities Engineering 1/5/200512:03 PM Approved By Roy B. Anderson, P.E. Public Utilities Engineering Director Date Public Utilities Public Utilities Engineering 1/5/20056:22 PM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 1/10/200512:00 PM Approved By James W. Delony Public Utilities Administrator Date Public Utilities Public Utilities Administration 1/12/200510:55 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1/12/2005 11 :48 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 1/14/200510:24 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1/14/200510:51 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1/17/200511 :27 AM NL{')~~ 00 <.0 ON .. -ë ..- -t1t ~ O~ .~ z CD è:' 0:: E ('0- UJ 2 :;:¡zo & - c ~ ('0 ('0 U -0' III C a. Q) Q) <C gg 1110 ~N :;;;M I:: Nil) e-~ u.. ~ E ..~~ .. "C CD I:: fir .. CD I::"C"C ~I~ 1; a. CD CD 'ë' iii a.0 "I III J:: e ~ a. "C I:: III .. ·it æ .. .9 o ::¡¡ "C I:: III 0. E ~ a. .eg 1;0 eN ~cõ e..>": ãi~ ~ E 2 ~ :c 0 C")z .... 0' ,... 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E ::s " c I .8 8~ 3:' ! ~j~ .. æ ëCD ~~ <:3: Agenda Item No. 16C3 January 25. 2005 Page 1 of 4 "- EXECUTIVESU~Y Recommendation to rescind award of Bid # 02-3382 to R&D Soil Builders, Inc., Project 73127 OBJECTIVE: That the Board of County Commissioners rescind the Award of Bid # 02-3382 that was awarded to R&D Soil Builders Inc., on March 11,2003, BCC Agenda Item lOA. The public purpose of this action is to eliminate consideration for a method of disposal of the county's sludge (biosolids) that has been determined to be not cost-effective; it is staff's opinion that investigating an alternate course of action is in the best interest of the public. ~. CONSIDERATIONS: In August 2002 Collier County Purchasing accepted proposals in response to RFP #02-3382, Commercial Source Separated Organic Waste and Biosolids Processing and Beneficial Use. R&D Soil Builders, Inc., was one of three bidders responding to the Request for Proposal (RFP). At their Regular Meeting of March 11, 2003 following the presentation of findings, the Board of County Commissioners (Board) authorized the Utilities Division Staff to commence price negotiations with R&D Soil Builders, Inc., of Labelle, Florida (Agenda Item lOA) and to present the negotiated contract and recommendations to the Board for further action. The scope of the original bid invitation was primarily to establish a less expensive method to process bio-solids than what we are currently doing now (transporting out of county), with the possibility of utilizing organic yard waste in the process. Also, the Florida Department of Environmental Protection (FDEP) is urging that the hauling of Collier County's sludge out of county should be replaced with a disposal method that would be more beneficial to the community. During later negotiations, R&D stated that Collier County's yard waste was not sufficiently clean for their operation. They also stated that the Florida Department of Environmental Protection (FDEP) required additional facilities (infrastructure) to process Collier County's bio-solids of which they were unaware at the time of their proposal, and that this would cost them more that they had planned. The results were that earlier this year (2004), as an update to their proposal, they increased their per-ton tipping fee from the original bid of $38 per wet ton to $54 per wet ton. This revised tipping fee combined with the necessary trucking charges resulted in total proposed expenditures that staff concluded were not cost efficient. COST COMPARISON ESTlMA TE Tipping fee Estimated Trans ortation $25.50 $11.00 $11.00 Estimated Total $ 51.50 $ 49.00 $ 63.00 Current cost of Disposal (haul to Okeechobee) $ 26.00 Cost wI R&D Soll Builders quote in RFP 02-3382 $ 38.00 Cost wI R&D Soll Builders Revised uote $ 52.00 .- Staff therefore recommends that the Board rescind the award of Bid # 02-3382 to R&D Soil Builders, Inc. A new course of action has been determined to investigate methods for disposal of the county's sludge. We are currently speaking with representatives from Lee County about partnering with them to investigate a regional bio-solids disposal operation. Such a study will identify the potential for economies of scale and other impacts of such an arrangement. Lee County has received proposals for an RFP for such a purpose, and Hazen & Sawyer, Inc., was selected as the consultant to do the study. ."'~-'-^.'.- -"..-.-"""", .....-.........~..._.",- Agenda Item No. 16C3 January 25, 2005 Page 2 of 4 FISCAL IMPACT: No funds are to be expended. Funds currently in the Wastewater User fee Capital Project budget (fund 414) for this project will be transferred when a course of further action is determined. GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: 1) That the Board of County Commissioners rescind the award of Bid # 02-3382 to R&D Soil Builders, Inc. No further action is recommended in connection with this RFP. PREPARE» BY: R. Shane Cox, PE, Sr. Project Manager, Public Utilities Engineering, WV~CfJll u. v"c¡aUIGUII WVO.;)L'ÇVVaLCI ....,11 Ç'\"U,II IJCU.I!;; Public Utilities WasteWater Treatment 1/5/200512:12 PM Approved By lyn Wood Purchasing Agent Date Administrative Services Purchasing 1/5/2005 12 :44 PM Approved By Senior Purchasing and Contracts Kelsey Ward Agent Date Administrative Services Purchasing 1/6/20059:00 AM Approved By Thomas Wi des Operations Director Date Public Utilities Public Utilities Operations 1/6/20054:31 PM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 1/11/200510:52 AM Approved By James W. Delany Public Utilities Administrator Date Public Utilities Public Utilities Administration 1/12/200510:57 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1/12/2005 11 :50 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 1/14/200510:32 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1/14/2005 10:49 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 1/17/200510:33 AM Commissioners (")L{')-=:t üa- (Dao ...--N-=:t . LCi Q.) ON rn Z ro E èo... .. Q.)ro Õ" ......,:;:¡ -c 8 roro "0' c () ~ ~ rn ... « N ~ ::::) CW') .... 0 .. ... ã 0 . W 0 ~ W z ã ..I ::z: 13 U) ~ ~ i CU Õ .- g C!) e ~ NI 8 z æ a.. W Ci >- ~z II. õ~ .... .õ. rJ)"" ca Q (.) =~ ot: E-<U) N~ ~~ .... c<;1..1 .. Õ ~..I ~ '*I:i Õ e:l: al 8 ¡I1!c Ii CW) ~I 8 o .. ~i >- .... II. .. ~~ ã ~ Õ u::':: rJ)W ~ gpä ã ~g Ci ~ en ã z!l 0 .... 95 a. ... .!! ã ~"" C "0 U en . ~íi c "C - ~ ~ 81 .- 3 . - II 0 . 18"0 .,. 0 0 "0 ... ::s "OO~ en õ -e. · u::z: 0 c i~t:. m CL = cu 0 I - E - - N C..I "0 ca ~ 00 C .S! ...... I ., z z ('It 0 tj ~ -s''! ~ ('It 1i ! a.. ::s _ 13 I III ::s N :I _IU gl cu 0 ... a.. "C .- - Ë U ~'t - c e Do C 18 0 a.. IU III 0 ~I u. IU 0 z~u a.. III:: Do U Agenda Item No. 16C4 January 25, 2005 Page 1 of 7 .-' EXECUTIVE SUMMARY Approval of an Interlocal Agreement between Collier County and The City Of Marco Island for the County to continue providing trash collection services in The City. OBJECTIVE: To obtain Board of County Commissioners approval of and direction for the Chainnan to execute an Interlocal Agreement between the County and the City of Marco Island for trash collection services. CONSIDERATIONS: In 1998, the area known as Marco Island incorporated and became the City of Marco Island. At the time of incorporation, the Board's Mandatory Trash Collection and Disposal Program provided trash collection services for the City of Marco Island. .- At that time an Interlocal Agreement was not necessary. Section 171.062, Florida Statutes, governs cases where a municipality annexes an unincorporated area that is receiving solid waste collection services pursuant to an existing contract. In such cases, the statute authorizes the contractor to continue to provide service for a period of five years after the annexation or until the contract expires, whichever is shorter. This procedure was established by the Florida Legislature and is followed throughout the State. Under Board direction, Collier County is currently negotiating new contracts for solid waste collection services in the County. Therefore, an Interlocal Agreement is necessary and prudent to continue providing trash collection services in the City of Marco Island. Following are the key elements of the Interlocal Agreement: .-. · The County will continue to collect its solid waste service fees from those curbside customers that are listed on the property tax bill. · The City will continue to collect (at Certificate of Occupancy issuance) and transmit to the County the prorated annual fees for new curbside customers until such time as the new customers are added to the tax roll. · The solid waste collection services and prices provided by the County to the City will remain the same as the services and prices provided by the County's franchise hauler to the unincorporated areas of Collier County in Service District 1. These services include curbside, multi-family and commercial customers. · City customers will pay the same rates and fees for the ftanchise hauler's solid waste collection services as the County's customers in the Service District 1. The services now being provided by the ftanchise hauler for curbside customers include two pickups per week for garbage, one pickup per week for recyclables, once a week pickup of yard trash, and once a week pickup of white goods and bulky items. Agenda Item No. 16C4 January 25, 2005 Page 2 of 7 . If the franchise hauler in Service District I under the new contract provides any new or additional services, the same services shall also be provided to the City. The City's customers shall pay the same rates and fees under the new contract as the County's customers in Service District 1. The City of Marco Island Council approved the Interlocal Agreement on January 3,2005. FISCAL IMPACT: There are approximately 6,050 curbside customers in the City of Marco Island. The current assessment (Fiscal Year 2005) for trash collection services is $140.34. Fund 473 (Solid Waste Mandatory Trash Collection and Disposal) will receive approximately $849,057 of revenue in Fiscal Year 2005 from Marco Island curbside customers. Revenues in future fiscal years will be based on the annual assessment rate approved by the Board of County Commissioners. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: Recommend that the Board of County Commissioners authorize the Chainnan to sign the Interlocal Agreement with the City of Marco Island for trash collection services. PREPARED BY: John Yonkosky, Director Utility Billing and Customer Service Department ,.t'-'uu......,;¡< ...,u........:JI _....................Vl_.., _u..............v. Public Utilities Public Utilities Operations 1/11/20051:01 PM Approved By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney Office 1/11/20054:16 PM Approved By G. George Yilmaz Solid Waste Director Date Public Utilities Solid Waste 1/12/200510:30 AM Approved By James W. Delony Public Utílíties Administrator Date Public Utilities Public Utilities Administration 1/12/200510:58 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1/13/2005 9:11 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1/14/20054:32 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1/18/20059:53 AM Agenda Item No. 16C4 January 25, 2005 Page 4 of 7 INTERLOCAL AGREEMENT FOR SOLID WASTE COLLECTIONS AND SERVICES THISINTERLOCAL AGREEMENT ("Agreement") is made and entered into this _ day of , 2005 by and between the Board of County Commissioners of Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as "County"), and the City of Marco Island, a Florida municipal corporation (hereinafter referred to as the "City"). RECITALS: WHEREAS, the Florida Interlocal Cooperation Act of 1969 (Chapter 163. Florida Statutes), authorizes the joint exercise 0 fa ny power, privilege 0 r authority which the public agencies involved herein might exercise separately; and WHEREAS, the County and the City are public agencies within the meaning of the Florida Interlocal Cooperation Act of 1969 and desire the joint exercise of power which each might exercise separately; and WHEREAS, solid waste collection services in the City are currently being provided by the County; and WHEREAS, the County's solid waste services to the City are provided pursuant to the County's contract with the County's franchise waste hauler for the unincorporated area in Collier County, an area designated by the County as Service District I; and WHEREAS, the County's franchise waste hauler for Service District I and the City currently is Waste Management Inc. of Florida; and WHEREAS, there are approximately 6050 residential accounts for the curbside collection of solid waste in the City, in addition to commercial accounts; and WHEREAS, the City's customers are now provided the same level of service as those customers in the unincorporated areas of Collier County in Service District 1; and WHEREAS, Collier County currently provides, at no cost to the City, billing for curbside customers on the property tax bills, customer service for any customer complaints, code enforcement, roll carts, and removal of disaster debris at the same level of service provided to Service District I of the County; and WHEREAS, this Agreement is intended to reduce to writing the current understanding of the County and the City as to solid waste services. Agenda Item No. 16C4 January 25, 2005 Page 5 of 7 NOW, THEREFORE, the Board of County Commissioners of Collier County and the City Council of Marco Island agree as follows: 1. The foregoing recitals are true and correct and are incorporated herein by this reference. 2. The County will continue to provide and the City will continue to utilize the services of the County's franchise hauler, which currently is Waste Management Inc. of Florida. 3. The County will continue to collect its solid waste service fees from those curbside customers that are listed on the property tax bill. The City will continue to collect and transmit to the County the prorated annual fees for new customers until such time as the new customers are added to the tax roll. 4. The solid waste collection services provided by the County to the City will remain the same as the services provided by the County's franchise hauler to the unincorporated areas of Collier County in Service District I. The City's customers shall pay the same rates and fees for the franchise hauler's solid waste collection services as the County's customers in Service District I. 5. The services now being provided by the franchise hauler include two pickups per week for garbage, one pickup per week for recyclables, once a week pickup of yard trash, and once a week pickup of white goods and bulky items. 6. The County is negotiating a new contract with its franchise hauler for Service District I. If any new or additional services are provided by the franchise hauler in Service District I under the new contract, the same services shall also be provided to the City. The City's customers shall pay the same rates and fees under the new contract as the County's customers in Service District I. 7. This Agreement shall remain in effect until terminated by the County or the City. Either party may terminate this Agreement, with or without cause, by providing written notice to the other party. Termination shall be effective one hundred eighty (180) days after receipt of said written notice. This Agreement may be amended from time to time upon the written consent of both the parties, Any amendment must be in writing and must be executed with the same formalities as this original Agreement. 8. NOTICES. All notices required under this Agreement shall be directed to the following offices: For the County: Office of the County Manager, 3301 East Tamiami TraU, Naples, Florida 34112. For the City: Office of the City Manager, 50 Bald Eagle Drive, Marco Island, Florida 34145. 2 ~.- Agenda Item No. 16C4 January 25, 2005 Page 6 of 7 9. INDEMNIFICATION.. To the extent allowed by law, each party agrees to indemnify, defend and hold harmless the other, its officers, board members, council members, agents and employees from and against any and all fines, suits, claims, demands, penalties, liabilities, costs or expenses, losses, settlements, judgments and awards and actions of whatever kind or nature, including attorney's fees and costs (and costs and fees on appeal) and damages (including, but not limited to, actual and consequential damages) arising from any negligent, willful or wrongful misconduct, knowing misrepresentation or material breach of this Agreement by such party, its officers, board members, council members, agents or employees. This paragraph shall not be construed in any way to alter the State's waiver of sovereign immunity or extend the party's liability beyond the limits established in Section 768.28, Florida Statutes. 10. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original as against any party who signature appears thereon and all of which shall together constitute one and the same instrument. - 11. Recordina. This Agreement shall be recorded in the Public Records of Collier County. The County shall be responsible for recording the same. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first written above. ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk , Chairman Approved as to form and legal sufficiency Robert N. Zachary Assistant County Attorney ATTEST: CITY OF MARCO ISLAND, FLORIDA By:=Y~ h~~ Terri DiSciullo, Chairwoman 3 Agenda Item No. 16C4 January 25, 2005 Page 7 of 7 Approved as to form and legal sufficiency Richard D. Yovanovich City Attomey 4 Agenda Item No. 16C5 January 25. 2005 Page1of16 ,- EXECUTIVE SUMMARY Recommendation 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, adopt a Resolution for the exchange of 4,623 square feet of the Pelican Bay Utility site for 9,246 square feet of The Club Pelican Bay, Inc., golf course property, at a total cost not to exceed $1,150. OBJECTIVE: Obtain approval, adoption, and execution of a Resolution for the exchange of Water-Sewer District property for The Club Pelican Bay, Inc., property. CONSIDERATIONS: Members of The Club Pelican Bay, Inc., (Club) golf course, located in Pelican Bay Unit II, approached County staff with the request to purchase a small protruding portion of the Collier County Water-Sewer District's (District) Pelican Bay Utility site (parcel "A") for expansion of the golf course maintenance facility. The County's Public Utilities Division has been examining ways of increasing on-site storage of reclaimed water. As a means to meet both the District's and Club's needs, staff is recommending an even exchange of the District's Parcel "A" (4,623 square feet) for the Club's Parcel "B" (9,246 square feet). Parcel "A" and Parcel "B" are described on Exhibits "A" and "B," respectively, and shown on Exhibit "C," all of which are attached hereto. While Parcel "B" is twice the size of Parcel "A," they are similar in value because Parcel "B" is partially encumbered by a District utility easement. Real Estate Services' staff appraiser valued each parcel at $6,000. - In considering the proposed Resolution approving and authorizing the exchange, the District must determine that Parcel "A" is no longer necessary for District and County purposes and that it is in the best interest of the District and the County that Parcel "A" be exchanged for Parcel "B." Staff is of the opinion that it is, indeed, in the best interest of the District and County to effect this exchange so that the District can increase on-site storage of reclaimed water, as necessary. Because Parcel "A" and Parcel "B" are located within a platted subdivision, a lot line adjustment is needed A copy of the Lot Line Adjustment Affidavit to be signed by both the District and the Club is attached. Pursuant to Florida Statute 125.37, this exchange of public and private property has been properly advertised once a week for two weeks in the Naples Daily News. A copy of the Legal Notice and Affidavit of Publication are on file in Real Estate Services' project file. The Club will reimburse the District for one-half the cost of processing and recording the Lot Line Adjustment Affidavit, one-half the cost of advertising the exchange in the Naples Daily News, and one-half the cost of the survey. Each party will pay its own cost associated with the recording of deeds and resolutions, and obtaining title commitments and insurance. The Lot Line Adjustment Affidavit has been reviewed and approved by the Development Services Department. Both Affidavit and Resolution have been reviewed and approved by the County Attorney's Office. - ....,,_..,.,<~.. ..,..-,.,.-,...."..'''. Agenda ¡ten, No. 6CS January 25. 2005 Page 2 of '16 FISCAL IMP ACT: The total costs of the exchange will not exceed $1,150 ($700 for title commitment and insurance; recording of the deed, resolution, and Lot Line Adjustment Affidavit; one-half the processing fee for the Lot Line Adjustment Affidavit; one-half the advertising costs; and $450 for one-half of the survey costs) and will be paid ITom County Water/Sewer Operating Fund (408). GROWTH MANAGEMENT IMP ACT: There is no Growth Management impact associated with this property exchange. This Resolution is consistent with the 2003 Wastewater Master Plan Update as adopted by the District on May 25, 2004, Agenda Item 10C. RECOMMENDATION: That the Board of County Commissioners ofCoIIier County, Florida, as the governing body of Collier County and as ex-officio the governing Board of the Collier County Water-Sewer District: 1. Declare Parcel "A" as being surplus to District and County needs; and 2. Adopt and authorize James W. DeLony, Public Utilities Division Administrator, to execute the attached Lot Line Adjustment Affidavit; and 3. Adopt and authorize the Chainnan to execute the attached Resolution; and ,.- 4. Direct staff to proceed to finalize the lot line adjustment and exchange in accordance with the Resolution following all appropriate real estate closing procedures, and authorize the Chainnan to execute all required conveyance or other documents necessary to conclude the exchange; and 5. Accept, for recording in the Public Records, all properly executed, County Attorney Office approved conveyance instruments wherein the District is named as the Grantee. Prepared By: Charles E. Carrington, Jr., SRIW A Real Estate Services Manager Facilities Management Department Administrative Services Facilities Managermmt 1/1112005 11: 26 AM Approved By Joseph B. Cheatham Wastewater Director Date Public Utilities WasteWater Treatment lI11/200511:53AM Approved By Bob Casey Reuse Coordinator Date Public Utilities WasteWater 1(11/200511:53AM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 1/11(2005 12:44 PM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 1(12/20051 :56 PM Approved By James W. Delany Public Utilities Administrator Date Public Utilities Public Utilities Administration 1(12/20054:32 PM Approved By OMB Coordinator Adm Î nistrative Assistant Date County Manager's Office Office of Management & Budget 1/13/20059:14 AM Approved By Randy Greenwald Management/Budget Analyst Date County Manager's Office Office of Management & Budget 1/14/2005 1 :07 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1/14/20051:12 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office Commissioners 1/18(200510:50 AM j' t RESOLUTION ~O. 2005- ;\ gc.nd·~ 't~"~l 1\"0 1 Ice; i'-\ ·......i' Ie;¡ ! t;i¡ ¡ '.' , ¡G) v January 25, 2bos Page 4 of 16 A RESOLUTION OF 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, AUTHORIZING ITS CHAIRl"1AN TO EXECUTE A LOT LINE ADJUSTMENT AFFIDAVIT PERTAINING TO THE COU;\ìTY AND THE CLUB PELICAN BAY, INC., AND APPROVING THE STATUTORY EXCHANGE OF PROPERTY ENABLING THE COUNTY TO EXPA...'iD ITS PELICA.'\' BAY UTILITY SITE TO ALLOW FOR STORAGE OF ADDITIONAL RECLAIMED WATER AND THE CLUB PELICAN BAY, INC., TO EXPAND ITS GOLF COURSE MAINTENANCE FACILITY. WHEREAS, the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County, Florida, a political subdivision of the State of Florida, and as ex-officio the governing Board of the Collier County Water-Sewer District (hereinafter collectively referred to as "County") owns a portion of a platted tract of land described as Parcel "0," Pelican Bay Unit 2, at Plat Book 12, Pages 74-79, Public Records of Collier County Florida; and WHEREAS, the County now finds that the County's fee interest in 4,623 square feet of Parcel "0", Pelican Bay Unit Two, more particularly described in Exhibit "A" (hereinafter "Parcel A"), is no longer needed or required by the County for a County purpose, and that the conveyance of same to the adjacent property owner, The Club Pelican Bay, Inc., (hereinafter referred to as "Club") in exchange tòr fee title to 9,246 square feet of Parcel "0", Pelican Bay Unit Two, more particularly described in Exhibit "B" (hereinafter "Parcel B"), which can be used by the County to expand its Pelican Bay Utility site for the on-site storage of additional reclaimed water, would be in the best intercst ofthc County; and WHEREAS, the staff of the County and representatives of the Club have proposed a lot line adjustment and the exchange of Parcels A and B, as depicted in Exhibit "C" attached hereto, in order that the County may expand its Pelican Bay Utility site for the on-site storage of additional reclaimed water, and to accommodate modiíications by the Club to its golf course maintenance facility; and WHEREAS, the lot line adjustment (1) will result in two lots relatively similar in size and having the minimum required road frontage and acreage, (2) will not affect the development rights or permitted density or intensity of use of the affected parcels by providing the opportunity for the creation of new lots for resale or deveJopment, and (3) otherwise conforms to the standards ofSectÌon 10.02.02.B.8. of the Collier County Land Development Code; and WHEREAS, in accordance with Section 125.37, Florida Statutes, this proposed exchange of public and private properties has been properly advertised once a week for two (2) weeks in the Naples Daily News, a newspaper of general circulation in Collier County; and WHEREAS, by this Resolution 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, has íòund that the proposed lot line adjustment and property exchange is in the best interest of the public and desires to authorize the Countv Manager, or his delegate, to execute the Lot Line Adjustment Affidavit, attached hereto a~ Exhibit "D," and take such other aetion necessary to complete the subject property exchange. NOW THEREFORE, BE IT RESOLVED that: 1. The foregoing are adopted and incorporated herein as if fully restated. 2. 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, hereby approves the proposed lot line adjustment and exchange ofParce1s A and B, as described in attached Exhibits "A," "B," and "C," directs and authorizes its County Manager, or his delegate, to execute the Lot Line Adjustment Affidavit attached hereto, and authorizes any acts needed to effectuate the lot line adjustment and complete the real property exchange. _" This R.csoìl1~iot: :,t-:.:r I.::-,:·:C ':cf'::-:~c~ ::~~:~:~__T:'2~C> '.:':"'- ADOPTED this _ day of favoring adoption. Agenda Item No. 16C5 January 25, 2005 Page 5 of 16 , 2005 after motion, second and majority votc ATTEST: DWIGHT E. BROCK, Clerk By: Deputy Clerk Approved as to form and legal sufficiency: .~DL~ Ellen T. Chadwell Assistant County Attorney "'110', BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY, AND AS EX-OFFICIO THE GOVERt,\¡ING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT By: , Chairman EXHIBIT "A" Aaenda item No. 16C5 ~. Januarv 25. 2005 Page \3 of16 LEGAL DESCRIPTION OF PARCEL 'A' PART OF PARCEL '0' PELICAN BAY UNIT T\JO (P.B 12, PAGES 74-79) COLLIER COUNTY, FLORIDA ---------------------------------------------------------------------- ALL THAT PART OF PARCEL '0', PELICAN BAY UNIT T\JO, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK l2, PAGES 74-79, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FoLLO\JS, / COMMENCING 'AT THE SoUTHERL YMOST CORNER OF SAID PARCEL '0'; THENCE NORTH 56'44'41' EAST 665,00 FEET; THENCE NORTH 28'19'19' \JEST 848.49 FEET TO THE POINT OF BEGINNING OF PARCEL 'A' HER[[N DESCRIBED! THENCE SOUTH 61'40'41' \JEST 154.11 FEET; THENCE NORTH 28'19'19' \JEST 30,00 FEET; THENCE NORTH 61"40'41' EAST 154,11 FEET; THENCE SOUTH 28'19'19' EAST 30.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL 'A' HEREIN DESCRIBED; CONTAINING 4,623 SQUARE FEET OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; AGNOLI, BARBER e. BRUNDAGE, INC GUY P. ADAMS, I I I ,0 Ui./i ['v : I P,S.M 4390 REVISED 12/16/04 COLLIER COUNTY Tproject: PELICAN BAY UTILITY SITE Idate: DEe. 3 2004 book: page: for: title: SKETCH AND DESCRIPTIONS AT THE P,B,LD. UTILITY SITE ....!\ ::::RGNOLI ·····13 :::;: ARBER & ......!I:) ::::::VRUNDAGE. INC. Professional engineers, planners, & land surveyors Collier County: Suile 200, 7400 Tamiami Trail, North: Naples, fL ~4108 (239\597-=ll1 lee County; 0990 Coconut Road. Sulte 'C8. ~()~1Ì~;::' :-:")~'in'~ .. - scale: Cerutlcate ot Authorization No.. LB 3664 and EB 3664 Fax, (239)568-2203 N,T's, project no.: 8100-28 aead: view: file no: ~ .- ~.. ,-~ .-., -- ....~-".-""..."-,---~-....". ._-:~ EXHIBIT "B" I Agenda item NO.1 pC5 January 25, 2005 Page 7 of 16 LEGAL DESCRIPTION OF PARCEL 'B' PART OF PARCEL '0' PELICAN BAY UNIT TI.IO (P.B, 12, PAGES 74-79) COLLIER COUNTY, FLORIDA ----------------------------------------------------------------------- ALL THAT PART OF PARCEL 'D', PELICAN BAY UNIT T\JO, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 12, PAGES 74-79, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BE!NG MORE PARTICULARLY DESCRIBED AS FOLLO\JS, COMMENCING' AT THE SOUTHERL YMOST CORNER OF SAID PARCEL '0'; THENCE NORTH 56'44'41' EAST 612.80 FEET TO THE POINT OF BEGINNING OF PARCEL 'B' HEREIN DESCRIBED) THENCE NORTH 28'19'19' \JEST 177,81 FEET) THENCE NORTH 56'44'41' EAST 52,20 FEET; THENCE SOUTH 28'19'19' EAST 17781 FEET) THENCE SOUTH 56'44'41' \JEST 52,20 FEET TO THE POINT OF BEGINNING OF THE PARCEL 'B' HEREIN DESCRIBED) CoNT AINING 9,246 SQUARE FEET OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD) , AGNOLl, BARBER 8. BRUNDAGE, INC. " I 'n GUY p, ADAMS, P,S,M, 4390 ) \ for: COLLIER COUNTY I project: PELICAN BA Y UTILITY SITE date: DEC. 3, 2004 scale: book: N.T,S. page: project view: no.: 8100-28 title: SKETCH AND DESCRIPTIONS AT THE P.B.I.D. UTILITY SITE !!!!QïGNOLI ..... ::::: ARBER & ······0 ~:::::URUNDAGE. INC. Profes:;'onal fO'zineers. !:Jlan!1ers & 1 nd Sl1rveH,~.·:~ Certificate or Author..ation No.. LB 3664 and EB 3664 Fax: (239):166-2203 !'1C:J·~' f', ') -: I ... - ~""'-' ',; . a"_...r .... ...., , ..~ EXHIBIT "C" $56'44'41'\.1 S56·44'41"\.I 612.80(P) 514.21CP) P,B,I.D, UTILITY SITE 12,00 AC, ± <DR 1393, PG. 1235) PARCEL 'B' <9246 SQ, FT.±) co '" 6 "- '" PART OF PARCEL '0' PELICAN BAY, UNIT T\o/O (PB, 12, PGS. 74-79) (j'. v cò v CD w ~ u- ~ a> (r, 00 (\J V) CD (\ (/) LINE TABLE LINE LENGTH BEARING Ll 48.23CP) N 53'39'19' E L2 9498(P) $ 36'20'41" E L3 72.04(P) S 53'39'19' \.I L4 30.00CP) N 28'19'19' \.I L5 30.00CP) S 28'19',9' E L6 177.81CP) N 28~19'19' \.I L7 5220(P) N 56',44'41" E L8 177.81CP) S 28'19'~9' E L9 52.20CP) S 56'44'41' \.I 1 ;-' ~ PARCEL 'A' u- a.. <4623 SQ. FT.±) (j'. ro a> ;-- '" CD (\ "- V) GENERAL NOTES, 1. DIMENSIONS ARE IN FEET AND DECIMALS 2. P.O.B. POINT OF BEGINNING 3 P.O.C. = POINT OF COMMENCEMENT THEREOF. L3 4. 5. BEARINGS ARE BASED ON P.BI.D. = PELICAN BAY IMPROVEMENT DISTRICT [\j .-J 6. CP) PLA TTED project: for: COLLIER COUNTY title: SKETCH AND DESCRIPTIONS AT THE P.B.r.D. UTILITY SITE ....!J\. ::::tlGNOLI ·····13 ===:: ARBER & ······U ::::::il.JRUNDAGE, INC. Professional engineers, planners, & land surveyors Collier County: Suite 200. 7400 Tamiami Trail. North; Naplea. FL 34108 (239ì597-3111 . i Lee Count~·: 9990 Coconut :!o:1.a. ~uiL~ ~C3. T)'.J!"',it~\;~;1J't~..· "L "'"' ,..~--q Certificate o( Authorization Nos. LB 3664 and EB 3664- Fax: (239)566-2203 , ",_-,~,._,,--~.~'''~''''~-'.'-' --.__..-... .,",-_.~ '. /\aend3 item No. 16C5 ~ January 25, 2005 Page 8 of 16 PARCEL 'M' (O.R. 1536, PGS. 1865-1878) f I~ NOT A SURVEY PELICAN BAY UTILITY SITE date: DEC. 3 2004 scale: book: 1 '-120' pro ject no.: 8100-28 aC:Jd: page: view: file no: r~·""" - .. ~; ~~i:'~i~ EXHIBIT "D" Aaenda item No. .) 6C5 ~ January 25, 2005 Page 9 of 16 LOT LINE ADJUSTMENT AFFIDAVIT NOW COMES James W. DeLany, Public Utilities Division Administrator, on behalf of the Collier County Water-Sewer District, (hereinafter referred to as "District") and The Club Pelican Bay, Inc., (hereinafter referred to as "Club") who being duly sworn, depose and say that: 1. District is the fee simple title-holder to that property legally described in Exhibit "A" attached hereto and made a part hereof and hereinafter referred to as Parcel A; and 2. The Club is the fee simple title holder to that property legally described in Exhibit "B" attached hereto and made a part hereof and hereinafter referred to as Parcel B; and 3. The parties desire to adjust lot lines and create two revised parcels, as depicted in the sketch prepared by Guy P. Adams, Florida Professional Land Surveyor # 4390, attached hereto and made a part hereof as Exhibit "C". 4. District, as the owner of said Parcel A, hereby consents to the lot line adjustment in accordance with Section 1 0.02.02.B.8, LDC. 5. The Club, as the owner of said Parcel B, hereby consents to the lot line adjustment in accordance with Section 10.02.02.B.8, LDC. 6. Because the lot line adjustment will result in two lots relatively similar in size and having the minimum required road frontage and acreage, the lot line adjustment meets the standards of, and conforms to, the requirements of Section 1 0.02.02.B.8 of the Collier County Land Development Code. 7. The property described herein is zoned PUD and meets the intent of the Land Development Code, as amended. 8. Furthermore, the lot line adjustment will not affect the development rights or permitted density or intensity of use of the affected parcels by providing the opportunity for the creation of new lots for resale or development within the meaning of Section 10.02.02.B.8, LDC. 9. This Affidavit is being given pursuant to Section 10.02.02.B.8 of the Collier County Land Development Code. 10. This Affidavit has been reviewed and approved by John R. Houldsworth, Senior Engineer of the Development Services Department of Collier County, Florida on the day of , 2005. DATED: WITNESS: COLLIER COUNTY WATER-SEWER DISTRICT BY: James W. DeLony, Public Utilities Division Administrator Signature Print Name Signature STATE OF FLORIDA COUNTY OF COLLIER Agenda item No. 6C5 January 25 2005 Page10of16 The foregoing Lot Line Adjustment Affidavit was acknowledged before me this _ day of , 2005 by James W. DeLany, Public Utilities Division Administrator, on behalf of the Collier County Water-Sewer District, who is personally known to me. (affix notary seal) (Signature of Notary Public) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: My Commission Expires: DATED: ATTEST: THE CLUB PELICAN BAY, INC. BY: Larry Pugh, Chairman of the Board STATE OF FLORIDA COUNTY OF COLLIER The foregoing Lot Line Adjustment Affidavit was acknowledged before me this _ day of , 2005 by Larry Pugh, as Chairman of the Board of The Club Pelican Bay, Inc., who is personally known to me or as produced as identification. (affix notary seal) (Signature of Notary Public) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: My Commission Expires: ~pproved a~ to form ~ 1ega1 suff1citnCJ "-~tant. County AttoI"MJ . L:j Ellen T. Chadwell (~~ P?~~~·= ~ .- EXHIBIT "A" I Agenda item 1\10. 1 'rC5 January 25, 2 05 Page 11 0 16 LEGAL DESCRIPTION or PARCEL 'A' PART or PARCEL '0' PELICAN BAY UNIT T\Jo (P.B, 12, PAGES 74-79) COLLIER COUNTY, FLORIDA ---------------------------------------------------------------------- ALL THAT PART OF PARCEL '0', PELICAN BAY UNIT T\JO, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 12, PAGES 74-79, PUBUC RECORDS or COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLO\JS: COMMENCING AT THE SOUTHERLYMOST CORNER OF SAID PARCEL '0'1 THENCE NORTH 56'44'41' EAST 665,00 FEET; THENCE NORTH 28'19'19' \JEST 848.49 FEET TO THE POINT OF BEGINNING OF PARCEL 'A' HEREIN DESCRIBED; THENCE SOUTH 61'40'41' \JEST 154,11 FEET; THENCE NORTH 28'19'19' \JEST 30,00 FEETi THENCE NORTH 61"40'41' EAST 154,11 FEET; THENCE SOUTH 28'19'19' EAST 30.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL 'A' HEREIN DESCRIBED; CONTAINING 4,623 SQUARE FEET OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; AGNoLI, BARBER 8. BRUNDAGE, INC, - - GUY P. ADAMS, P,S.M. 4390 - ; REVISED 12/16/04 for: COLLIER COUNTY , pro ject: PELICAN BAY UTILITY SITE date: DEC, 3 2004 scale: book: N,TS. page: pro ject view: no.: 8100-28 acad: file no: title: SKETCH AND DESCRIPTIONS AT THE P.B,I.D, UTILITY SITE æææ!fl3GNOU ..... ===== 1\RBER & ······13 ...... ...... RUND1\GE, INC. Professional engineers, planners, & land surveyors . Collier C,)lrnt·,,: Suite 200 7~aO T:n::Ü:un"1"rai!. "'f0."·\'~ "'~r,-.., 1';"" '/1'\,-. Certificate of Authorization No.. LB 3664 a.nd EB 3664 Fa,,: (239)566-2203 ," ~ '"',' .. r ., _. . ~ . EXHIBIT "B" i\genda item !\Io.16C5 January 25, 2005 Page 12 of16 LEGAL DESCRIPTION OF PARCEL 'B' PART OF PARCEL 'D' PELICAN BAY UNIT T'w'O (P.B. 12, PAGES 74-79) COLLIER COUNTY, FLORIDA ----------------------------------------------------------------------- ALL THAT PART OF PARCEL 'd·, PELICAN BAY UNIT T'w'o, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK l2, PAGES 74-79, PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLo\olS: COMMENCING AT THE SOUTHERLYMCST CORNER OF SA1D PARCEL '0'; THENCE NORTH 56'44'41' EAST 612.80 FEET TO THE POINT OF BEGINNING OF PARCEL 'B' HEREIN DESCRIBED; THENCE NORTH 28'19'19' 'WEST 177.81 FEET, THENCE NORTH 56"44'41" EAST 52,20 FEET; THENCE SOUTH 28'19'19' EAST 177,81 FEET! THENCE SOUTH 56'44'41' \JEST 52.20 FEET TO :HE POINT OF BEGINNING OF THE PARCEL "B' HEREIN DESCRIBED; CONTAINING 9,246 SQUARE FEET OF LAND MORE DR LESS¡ SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD! AGNOLl, BARBER 8. BRUNDAGE. INC, GUY P. ADAMS, P.S,M. 4390 - .- - - - COLLIER COUNTY I pro jeet: PELICAN BA Y UTILITY SITE Idate: I DEC, 3, 2004 seal e: book: N.T.S. page: for: titl e: SKETCH AND DESCRIPTIONS AT THE P.B.I.D. UTILITY SITE ....!,I\ ::::fiGNOLI ·····13 ..... ..... 'ARBER & ······13 ...... ...... RUNDAGE, INC. Professional engineers. planners, & land surveyors Collier County; Suite 200. 7400 Tamiami Trail. North; ~aple.. FL 34106 Lee County: 9990 Coconut Road. Suite 103. Bonita SprinC{g. Fl 3-i135 Certificate or Authorization Nos. LB 3664 and ED 3664 Fax: (239)566-2203 pro ject no.: 8100-28 aead: (239)597-3111 (2:-!])Ç'4S ;:~<)3! f::C?t.-·~""'-= view: fi,e no: S?::::'''.. .~.~-.---~_.~.,._. -------- EXHIBIT uC" '''-', P.B.I.D, UTILITY SITE 12.00 AC,± CO,R, 1393) PG. 1235) S56"44'4I''w' S5b"44'4I''w' 612.80(P) 514,21(P) CD 0' \0 .... o aj " .... \0 CD PART OF PARCEL '0' PELICAN BAY) UNIT T'WO (PB. 12) PGS, 74-79) w w Ò\ ~ ~ ~ CI) CD (\J (\J '" "" LINE TABLE LINE LENGTH BEARING L1 48.23(P) N 53"39'19' E L2 94.98(P) S 36'20'41' E L3 72.04(P) S 53"39'19' 'w' L4 30,00(P) N 28"19'19' 'w' L5 30.00(P) S 28"19'19' E L6 In.Sl(p) N 28'19'19' 'w' L7 52.20(P) N 56'44'41' E L8 In,81(p) S 28"19'19' E L9 52.20(P) S 56'44'41' 'w' 1 L4 210 75(P) lS4.1l(P) PARCEL 'A' (4623 SQ. FT.±) LJ ~ â: ~ ~ Co a\ (\J " "" GENERAL NOTES, L DrMENSIDNS ARE IN FEET AND DECIMALS 2. PUB. = POINT OF BEGINNING 3. P.O.C. = POINT OF COMMENCEMENT 4. BEARINGS ARE BASED ON 5. p.B.!.n. = PELICAN BAY [MPROVEMENT 6, (P) PLATTED THEREOF. l3 (\J ..J for: COLLIER COUNTY title: Agenda itern l\Jo.16C5 January 25, 2005 Page 13 of 16 <Î a; ru cr\ co M PARCEL 'M' COR 1536) PGS. 1865-1878) f ;# NOT A SURVEY PELICAN BAY UTILITY SITE SKETCH AND DESCRIPTIONS AT THE P.B.I.D. UTILITY SITE scale: date: DEC, 3 2004 book: page: ..... .... .... ..... ..... ..... ...... :::::: RUNDAGE, INC. Professional engineers, planners, & land surveyors Collie!" r;ount~_:,,: Snit~ ::::00. '"'400 'T'amiami Tr>til. N":-rth; ~. '."' ~:1. ":"1. 8!10"1 ¡~"")Q)::;',~.-. & Certifloate ot Authorizalion Nos. LB 3664, and EB 3664, Fax: (239)566-2203 view: 1'=1 pro ject no.: 8100-28 acad: rtll1 ' file no: EXHIBIT "A" LEGAL DESCRIPTION OF PARCEL 'A' PART OF PARCEL '0' PELICAN BAY UNIT HID (P.B. 12, PAGES 74-79) COLLIER COUNTY, FLORIDA ---------------------------------------------------------------------- ALL THAT PART OF PARCEL '0', PELICAN BAY UNIT TI,/O, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 12, PAGES 74-79, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLO'.lS, COMMENCING AT THE SOUTHERL YMOST CORNER OF SAm PARCEL '0') THENCE NORTH 56'44'41' EAST 665.00 FEET; THENCE NORTH 28'1'3'19' \.JEST 848.49 FEET TO THE POINT OF BEGINNING OF PARCEL 'A' HEREIN DESCRIBED; THENCE SOUTH 61'40'41' I,/EST 154.11 FEET; THENCE NORTH 28'19'19' \.JEST 30.00 FEET THENCE NORTH 61"40'4,' EAST IS4.1l FEET; THENCE SOUTH 28'19'19' ::AST 30.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL 'A' I-IEREIN DESCR1BED; CONTAINING 4,623 SQUARE FEET OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; AGNOLl, BARBER I\. BRUNDAGE, INC. GUY P ADAMS, P.S,M. 4390 REVISED 12/16/04 for: I pro ject: PELICAN COLLIER COUNTY title: SKETCH AND DESCRIPTIONS AT THE P.B,I.D. UTILITY SITE ····iJ :::; GNOLI ..... ;;;;: \\RBER & ......(3 ...... ...... RUNDAGE, INC. Professional engineers. planners, & land surveyors Collier County: Suite 200, 7400 Tamiami Trail, North: Naples. Fl 34-108 (239)597-3J 11 Lee County: gg90 Coconut. Road. Suite 103. Boni.ta Springs. FL 34J35 (23Q}94ð-6663 Certificate of Authorb:at1on Nos. l.B 3884 and Eß 3S84- Fax: (239)566-2203 - BA Y UTILITY SITE Idate: I DEC. 3 2004 book: page: scale: N.T.S, pro ject no.: 8100-28 view: Aoenda item No. 6C5 ~ Januarv 25. 2005 Page 14 of 16 acaa: file no: 8934-SD-2 8934 -:.... EXHIBIT "B" LEGAL DESCRIPTION OF PARCEL 'B' PART OF PARCEL '0' PELICAN BAY UNIT HID œ.B. 12, PAGES 74-79) COLLIER COUNTY, FLORIDA ----------------------------------------------------------------------- ALL THAT PART OF PARCEL '0', PELICAN BAY UNIT T\,IO. ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 12. PAGES 74-79, PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA, BEING MORE PARTICULARLY DESCR[BED AS FOLLO\.lS' COMMENCING A T THE SOUTHERL YMOST CORNER OF SAID PARCEL '0'; THENCE NORTH 56'44'41' EAST 612.80 FEET TO THE POINT OF BEGINNING OF PARCEL 'B' HEREIN DESCRIBED, THENCE NORTH 28'19'19' \,lEST 177.81 FEET, THENCE NORTH 56'44'41' EAST 52.20 FEET, THENCE SOUTH 28'19'19' EAST 177.81 FEET; THENCE SOUTH 56'44'41' \.lEST 52.20 fTET TO THE POINT OF BEGINNING OF THE PARCEL 'B' HERE[N DESCRIBED, CONTAINING 9,246 SQUARE FEET OF LAND MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD, p ro ject: COLLIER COUNTY PELICAN BAY UTILITY SITE SKETCH AND DESCRIPTIONS AT THE P,B,I.D. UTILITY SITE ¡date: DEC. 3 2004 scale: book: N.T.S. page: project view: no.: 8100-28 acad: AGNDLI, BARBER ~ BRUNDAGE, INC GUY P. ADAMS. P.S.M. 4390 for: title: ···13· :::- GNOLI ..... I:::: iA.RBER & ......(3 ...... ...... RUNDAGE, INC. Professional engineers. planners. & land surveyors Collier County: Suite 200. 7400 Tunhuni Trail, NDrth; Naple.. FL 3410B (23g)597-311l Le. County: 9990 Coconut Rood, Suite 103. Bonlt. Sprlnøo, FL 3~135 (239)9~8-8883 CerUtlcate of Authorization No.. loB 3684 and. ED 3684 Fox: (239)566-2203 - - - file no: 8934-SD-3 8934 Aaenda item ~Io. 16C5 ~ January 25, 2005 Page 15 of 1 6 EXHIBIT "c" S56'44'41'\I 6128D(P) S56'44'41'\I 514.21(P) P.B,I.D. UTILITY SITE 12,00 AC,± CO,R, 1393, PG. 1235) 0:> '" '" '<I" cì ex) " '<I" '" 00 PART OF PARCEL '0' PELICAN BAY, UNIT TW'D (PE, 12, PGS, 74-79) w w ~ ~ .:7-, Ò"I Co 00 (\j ru '" '" LINE TABLE LINE LENGT ~ BEARING L1 48.23(P) N 53'39'19' E L2 94.98(P) S 36'20'41' E L3 72.04(P) S 53'39'19' \,¡ L4 3D.DO(P) N 28'19'19' \,¡ L5 30.00(P) S 28'19'19' E L6 177.81(P) N 28'19'19' \,¡ L7 52.20(P) N 56'44'41' E L8 177,SI(P) S 2S'19'19' E L9 52.20(P) S 56'44'41' \,¡ w à-. éL fl~ ro cr\ (\j " V1 - PARCEL 'A' (4623 SQ. FT,±) GENERAl NOTES, 1. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. 2. P.D.B. = POINT OF BEGINNING 3. P.O.C. = POINT OF COMMENCEMENT 4. BEARINGS ARE BASED ON 5. P.B.I.D. = PELICAN BAY IMPROVEMENT 6, (P) = PLATTED for: a: 0; (\j a' 0:> (Y) PARCEL 'W CO.R, 1536, PGS, 1865-1878) f ¡Iv NOT A SURVEY COLLIER COUNTY PELICAN BAY UTILITY SITE title: SKETCH AND DESCRIPTIONS AT THE P.B.J.D. UTILITY SITE ....&ï :::: GNOLI ..... ::::: :<\RBER & ······13 ...... ...... RUNDAGE, INC. Professional engineers, planners, & land surveyors CaUicr County: Suile 200. 14-00 TILEDiami TraU. North. Naple!l, FL 34108 (239}15097-3111 Lee County: 9990 Coconut Road. Suite 103, Bonita SþrinCB. FL 3,(,135 (239)946-6663 Cerlilicale of Autb.orization No.. LB 3664 and EB 366"- Fax: (2311)56e-2203 scale: date: DEC, 3 2004 book: page: Ac;enda item !\Io. 'j6CS - January 25. 2005 Page 16 of 16 1'=1 0' pro ject no.: 8100-28 view' acad: file no: 8934-SD- 8934 Agenda Item No. 1601 January 25, 2005 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to approve the submittal of the attached Emergency Prevention and Readiness Outreach grant application to Volunteer Florida for a Responsible Pet Ownership and Disaster Preparedness Project in the amount of $18,000.00 OBJECTIVE: To receive approval from the Board of County Commissioners to submit an Emergency Prevention and Readiness Outreach grant application to Volunteer Florida to fund the Responsible Pet Ownership and Disaster Preparedness project. CONSIDERATIONS: Immokalee, a designated Front Porch community, is a largely Spanish and Creole speaking community, housing many immigrants and migrant workers. There is a great need to educate these individuals about responsible pet ownership and disaster preparedness for pets. If a disaster were to occur, the likelihood of stray packs of unaltered animals, abandoned dogs, cats and farm animals is strong. We know this because the problem already exists. If faced with a natural disaster, many residents will be seeking information, shelter and supplies for their pets and unfortunately without proper planning, many will be left without a solution. If funded, this project would allow the DAS project manager to recruit and train volunteers to assist with outreach, informational sessions, disaster preparedness training classes and distribution of materials in our targeted areas. Informational sessions will incorporate basic responsible pet ownership; training classes will include information on developing a written disaster plan. Spanish and Creole speaking volunteers will conduct informational sessions in Spanish and Creole and translate written materials to complement the English versions of same. In the event of a disaster, volunteers will be utilized to assist citizens with pet readiness including supplying/delivering pet carriers, bedding and food to those in need. Volunteers will also be trained to staff informational hotlines for pet owners. The total amount of funding available for this grant is $18,000.00. A minimum of$5,000.00 match is required. The grant period is from April 1, 2005 to December 31, 2005. A draft of the program and budget narrative portion of the grant is attached. Applications are due in Tallahassee by February 3, 2005. FISCAL IMPACT: The maximum grant request permitted is $18,000.00. The total project cost is expected to be $24,180.00. The Domestic Animal Services Department will be requesting $18,000.00 in grant funds and providing $6,180.00 as the local in-kind match. The in-kind match will be comprised of a commitment of personnel time and food donated by Science Diet to DAS. No cash match will be provided as the local match. GROWTH MANAGEMENT IMPACT: The Emergency Prevention and Readiness Outreach project does not impact the Growth Management Plan. The project does support ESF -17 of the Comprehensive Emergency Management Plan. RECOMMENDATION: To approve the submittal of an Emergency Prevention and Readiness Outreach grant application to Volunteer Florida to fund the Reb'Ponsible Pet Ownership and Disaster Preparedness Project. PREPARED BY: Meryl Rorer, Volunteer Coordinator, Domestic Animal Services ·_..~t"·..,",~"·,,,,. Agenda Item No. 1601 January 25, 2005 Page 2 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 1601 Recommendation to approve the submittal of the attached Emergency Prevention and Readiness Outreach grant application to Volunteer Florida for a Responsible Pet Ownership and Disaster Preparedness Project in the amount of $18,000.00 Meeting Date 1/25/20059:00:00 AM Prepared By Date Meryl Rorer Animal Control Officer 1/11/200511:40:58AM Public Services Domestic Animal Services Approved By Marlene J. Foord Grants Coordinator Date Administrative Services Administrative Services Admin. 1/11/2005 11 :54 AM Approved By Marla Ramsey Parks & Recreation Director Date Public Services Parks and Recreation 1/11/20052:55 PM Approved By Kathy McLarty-Carpenter Executive Secretary Date Public Services Public Services Admin. 1/11/20053:22 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1/13120059:16 AM Approved By Gary A. Vincent Management & Budget Analyst Date County Manager's Office Office of Management & Budget 1/141200510:14 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1/14/200510:24 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 1/18/2005 5:57 PM COVER SHEET Agenda Item No.1 6D1 January 25, 2005 2004-05 Emergency Prevention & Readinê'šS) of 7 Outreach CFDA #94.002 Type of Grant: CULTURAL _X Collier County Government DISABILITY Organization Legal Name: Federal Employer Identification No: 59-6000558 Phone Number: Collier County Domestic Animal Services ( 239) 530-7387 Mailing Address: 7610 Davis Blvd. City/State/ZIP: Physical Address: Naples,FL 34104 CitylState/ZIP: merylrorer@colliergov.net Website: www.colliergov.netlanimalcontrol E- mail: Counties and Cities Collier County & Immokalee, Florida To Be Served: State House Districts: District 112 - David Rivera (south eastern Collier); State House, State Senate District 101 - Mike Davis (Golden Gate area); District 76 - Dudley J. Goodlette & Federal Districts (Marco, East Naples and North Naples, Naples) Affected State Senate Districts: District 37 - Senator Burt L. Saunders; District 39 - (refer to Senator Larcenia J. Bullard (eastern Collier) http://election.dos.state.fl.us/for US Senate: BiU Nelson (D) and Mel Martinez (R) information): US Representatives: Connie Mack (R) Proposed Project Date: April 1, 2005 - December 31, 18,000.00 2005 AMOUNT OF FUNDS REQUESTED: 6,180.00 LOCAL IN-KIND & CASH MATCH: 24,180.00 TOTAL PROJECT VALUE (funds + match): To the best of my knowledge and belief, all data in this proposal is true and correct. The governing body of this organization has duly authorized this proposal and we wi11 comply with all applicable state and federal laws and regulations, and hold the Corporation for National & Community Service and Volunteer Florida hann1ess against all claims of whatever nature arising out of our perfonnance of work under this proposal to the extent allowed and required by law. Authorized Signature: Fred W. Coyle Date Chairman, Board of County Commissioners Title -VF use only- Date Rec'd: App. ID: Responsible Pet Ownership & Disaster Preparedness Collier County Domestic Animal Services (DAS) Agenda Item No. 1601 January 25, 2005 Page 4 of 7 -- Community Need Immokalee, Florida in Collier County, a designated Front Porch community, is a largely Spanish and Creo Ie speaking, housing many immigrants and migrant workers. There is a great need to educate these individuals on responsible pet ownership and disaster preparedness for pets. If a disaster were to occur, the likelihood of stray packs of unaltered animals, abandoned dogs, cats and farm animals is strong. We know this because the problem already exists. Domestic Animal Services (DAS) regularly picks up animals in the area and responds to complaints about stray and unrestrained dogs. Additionally, dog fighting and cock fighting rings have been known to operate here. Some residents continue to allow their pets to roam fTee and unaltered, as this practice is acceptable in their country of origin. If faced with a natural disaster, many residents will be seeking information, shelter and supplies for their pets and unfortunately without proper planning, many will be left without a solution. This problem would create an additional burden on the Emergency Operations Center and DAS. Residents are in great need of education and supplies to avoid a very serious situation that we may one day face in Collier County. Partners: Catholic Charities - outreach, volunteer translators Collier County Emergency Management - assist with community presentations Collier County Citizen Corps - volunteer recruitment Collier County Animal League - volunteer recruitment & training assistance Collier Emergency Response Volunteer Program (CERV) - outreach, volunteer recruitment Front Porch Association- outreach, volunteer recruitment Hispanic Radio Station - outreach, volunteer translators Hispanic Chamber of Commerce - outreach, volunteer translators Immokalee Interagency Council - outreach, volunteer recruitment Jewish Federation - outreach, volunteer recruitment Program Design Volunteers will be recruited to assist with outreach, informational sessions, disaster preparedness training classes and distribution of materials in our targeted areas. Informational sessions will incorporate basic responsible pet ownership, including spay/neuter info, micro chipping animals, county ordinances and role of DAS in the community. Training classes will include information on developing a written disaster plan, collecting all pet identification information, having an evacuation plan for family and pets, compiling disaster supplies for pets and what to do after the storm. Low-income residents who complete training classes are eligible to receive portable pet carriers and pet disaster kits. Spanish and Creole speaking volunteers will be recruited to conduct informational sessions in Spanish and Creole and to translate written materials. In the event of a disaster, volunteers will be utilized to assist citizens with pet readiness including supplying/delivering pet carriers, bedding and food to those in need. Volunteers will also be trained to staff informational hotlines for pet owners. At least one informational session and one training class will be held each period. The DAS Volunteer Coordinator will manage program and bilingual Animal Control Officers will assist Agenda item [\10.1601 January 25. 2005 with training. Materials will be distributed at area community/cultural centers, faith based Page 5 of ì organizations and pet-oriented businesses and organizations. Organizational Capacity Collier County Florida was established in 1923 and is home to approximately 301,000 residents. In 2003, the seasonal peak population increases to 408,000 during the winter months. On a daily basis, the county's 2000 employees in five Divisions and 37 Departments cover 2026 square miles and strive to surpass the expectations of residents and visitors by providing quality services, facilities, programs, events and initiatives. This project will be managed by the Domestic Animal services Department, one of eight departments in the Public Service Division. Within the Domestic Animal Services Department, there are 40 employees, of which two will directly dedicate a portion of their time to the project. The Project Manager will be Meryl Rorer, DAS Volunteer Coordinator, who will dedicate one day weekly to working on all aspects of this project. She has a decade of experience recruiting, placing and managing volunteers, and several years were dedicated to disaster related projects. In her prior employment, she successfully managed two Volunteer Florida Operation Step Up grants, both requiring recruitment of senior volunteers working in disaster related projects. As a former Senior Corps Director, Ms. Rorer understands and will uphold the "no double counting rule". Bilingual Animal Control Officers will be available as needed to assist with community presentations and training. Ms. Rorer will be responsible for the progress reporting. She has written and managed federal, state and county grants in her former position as Director of the Friendship Volunteer Resource Center. Other Collier County employees outside Domestic Animal Services will be involved in the management of the project as well. The Collier County Grant Coordinator, Marlene Foord, will ensure that the federal grant requirements are met; expenditures are appropriate and will follow up regularly with the project manager to make sure reports are filed on time and proper documentation is kept organized. Ms. Foord has many years of grant application and management experience and has had significant training on the federal grant application outlined in OMB Circulars A-87 and A-I 02. The Collier County Finance Department will ensure that reimbursement requests are accurate and will facilitate the single audit process. The Finance Department's Federal and State Single Audit have consistently found the County in compliance with OMB Circular A-133. Engaging Volunteers in Service Our list of partner organizations are committed to the success of this project and many will be active in the recruitment of senior and bilingual volunteers. Collier County Emergency Management employees are totally supportive and ready to assist as needed with outreach, recruitment and training. One of our partners, Collier County CERV, have a large numbers of members from the faith based communities who are committed to recruiting for this project. We also plan to reach out to veterans groups and law enforcement retirees. The Immokalee Alliance members, Hispanic Chamber and Hispanic media outlets will broaden our chances of reaching more potential volunteers and Immokalee residents. We hope to recruit a minimum of20 volunteers each period for a total of 60 volunteers. We will hold our informational and training sessions in our targeted community at a handicapped accessible facility. . . -, -, Bud2et Narrative Aaenda Item No. 1601 ~ January 25, 2005 Page 6 of 7 Personnel Volunteer Manager: 10% x $731/week salary x 39 weeks (4/1/05 thru 12/31/05) = $2,850.00 Bilingual Animal Control Officer: 50 hours x 15.00/hour = $750.00 Total Funds Requested: 3600.00 Total (in kind match) = $3600.00 Benefits Volunteer manager: 30% X $2,850 = $855.00 Animal Control Officer = $ 225.00 Total Funds Requested: $1,080.00 Total (in kind match): $1,080.00 Travel Local trips to Immokalee for outreach, informational sessions, partner meetings, training classes: 20 trips x 82 (roundtrip) miles @ .29/mile = $475.60 2 round trips to Central Florida for required VF meetings x 376 miles @ .29/mile = $218.08 Hotel in Central Florida for 2 people: 2 people x $95/night x 4 nights = $760.00 Meal allowance for 2 people: 2 people x $47/day x 2 days x 2 meetings = $376.00 Total Funds Requested: 1829.68 Equipment Laptop computer & printer (for use at satellite office in Immokalee): $2000.00 Digital camera (for community presentation/volunteer recognition documentation): $500.00 Microsoft office professional software for laptop: $300.00 Portable animal crates/carriers: 100 crates x $40/crate = $4000.00 Animal bedding/mats: lOOmats x $8/mat = $1200.00 (portable carriers/mats will be distributed to qualifying trainees and used by volunteers in event of disaster to transport/house animals) Total Funds Requested: $8000.00 Supplies - (approximate number of kits to be distributed at informational sessions as well as training. Only those in training will receive pet carriers if qualified). Pet disaster kit boxes: 250 boxes x $l/box = $250.00 Plastic bags (kit insert): 250 bags x $llbag = 250.00 Disinfectant (kit insert): 250 disinfectants x .50/disifectant = $125.00 (kits will be distributed to residents completing disaster preparedness training) Printed materials for outreach & training: 250 sets x $3.356 each = $838.90 Total Funds Requested: $1323.92 5 lb. Bag of food (kit insert): 250 bags x $6lbag = $1500.00 Total (in kind match): $1500.00 Other Volunteer Training/Recognition Luncheon: 75 volunteers x $15/volunteer = 1125.00 Volunteer Recognition Gift (t-shirt): 75 shirts x $ 12/shirt = 900.00 Total Funds Requested: $2025.00 Total Funds Requested: $18000.00 Total In Kind Match: $ 6180.00 Total Grant: $24180.00 EPRO Budget ForDl Agenda item [\10.160'1 January 25. 2005 Page 7 of 7 Fill this form completely, typing or printing with blue or black ink. The maximum amount awarded for a sub-grantee is $18,000, and sub-grantees are required to provide a minimum of $5,000 in match from non-federal sources. Attach a narrative to justify the cost and calculation of a budget item. Organization & Address: Collier County Government Domestic Animal Services 7610 Davis Boulevard Naples, Florida 34104 EPRO Cash or Employer Identification Number: Grant Funds In-Kind TOTAL Match Value lA Personnel Include expense for employees whose activities 3600.00 3600.00 7200.00 directly relate to the program and percentage of their work time to be spent on the project. Volunteers may not be paid stipends, and hours served under EPRO may not be counted as match. 2A Benefits Actual benefits for the employees listed in 2A. 1080.00 1080.00 2160.00 3 Travel Costs associated with transportation, lodging, 1829.68 1829.68 subsistence and other expenses for staffttavel. 4 Equipment Individually list all items of $250 or more. 8000.00 8000.00 5 Supplies Include expenses for supplies, equipment (less than 1465.32 1500.00 2965.32 $250) and materials needed to operate the program. Single items over $100 should be listed individually in the budget narrative. 6 Other Expenses included in this section should be listed 2025.00 2025.00 individually and justified in the budget narrative. TOTAL 18000.00 6180.00 24180.00 A Note on Cash or In-Kind Match: Cash match includes expenses paid by the lead or a partner organization. Documentation for cash expenditures includes invoices, cancelled checks and receipts. In-kind match includes expenses other than cash provided the lead or a partner organization. In-kind match commonly includes training, office space and donated items. Proper documentation on match will be required with each reimbursement request. Agenda itern No. 1602 January 25, 2005 Page 1 of 23 exECUTIVE SUMMARY Recommendation to approve a cooperative agreement with VGC, LLC and a TDC Category "A" Supplemental Grant Application in the amount of $16,500 for construction of Vanderbilt Beach Access #1 Obiective: To maximize public beach access through developer commitments and private/public partnerships. Considerations: During the permitting process for redevelopment of The Vanderbilt Condominium on Gulf Shore Drive, the County secured a five-foot-wide beach access now known as Vanderbilt Beach Access #1. The Parks and Recreation Department has since begun plans to develop the easement with a boardwalk and signage. VGC, LLC is currently constructing The Vanderbilt Condominium on the adjacent property. Due to the confined site conditions, the narrowness of the County's easement, and lack of parking, staging and storage space, VGC and the Parks and Recreation Department have found it advantageous to both parties to coordinate the construction of the two projects. The cooperative agreement allows for the coordination of scheduling and provides that VGC will assist with pennitting and construction. Both projects are scheduled to be complete by March 1, 2005. Under the agreement the County will reimburse VGC for actual construction costs up to $154,175. The TDC Category "A" Supplemental Grant Application for $16,500 will be considered by the Parks and Recreation Advisory Board on January 19, 2005, and the Tourist Development Council on January 24, 2005. Those Boards' responses are not available at the time of preparation of this document. Board of County Commissioners' approval of the IDC Category "A" Supplemental Grant Application is contingent upon approval by the Parks and Recreation Advisory Board and the Tourist Development Council: Growth Manaaement: The value of the facility will be inventoried m the Growth Management Plan. FiscallmDact: Original budget for Fund 195 Project 90026 was $148,500. The TDC Category "A" Supplemental Grant Application for $16,500 will be considered by the Parks and Recreation Advisory Board on January 19, 2005, and the Tourist Development Council on January 24,2005. Staff has prepared a budget amendment transferring the necessary additional funds from Fund 195 (Tourist Development Funds) to the project number. Board of County Commissioners' approval of the budget amendment is contingent upon approval of the TDC Category "A" Supplemental Grant Application by the Parks and Recreation Advisory Board and the Tourist Development Council. Total resulting project cost will be $165,000, to be expended as follows: "0,"""", Construction costs per agreement Design and pennitting $154,175 5,291 _.....,.~.,-_...~_..._..,..,. "'"~,,,,....._,. ,..···_,·....__..".._.c."·.,""~"·,,..·,·_ ¡tern No. 1602 January 25, 2005 Page ;Z of 23 Building and CCL pennits Signage Contingency TOTAL 1,500 1,000 3.034 $165,000 Recommendation: Staff recommends that the Board take the following actions: 1. Approve the County Attorney-approved cooperative agreement with VGC, LLC for the construction of Vanderbilt Beach Access # 1 and authorize the Chainnan to sign. 2. Approve the IDC Category "A" Supplemental Grant Application for $16,500. 3. Approve any necessary budget amendments. Prepared by: Amanda Townsend, Operations Analyst, Parks and Recreation Department Aoenda item No. 1602 ~ January 25, 2005 Page 3 of 23 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 1602 Recommendation to approve a cooperative agreement with VGC, LLC and a TOC Category "A" Supplemental Grant Application in the amount of $16,500 for construction of Vanderbilt Beach Access #1 Meeting Date 1/25/20059:00:00 AM Approved By Murdo Smith Beach and Water Superintendent Date Public Services Parks and Recreation 12/23/2004 2:47 PM Approved By Kathy McLarty-Carpenter Executive Secretary Date Public Services Public Services Admin. 1/10/20053:33 PM Approved By Brenda Brilhart Purchasing Agent Date Administrative Services Purchasing 1/10/20054:43 PM Approved By Jack Wert Tourism Director Date County Manager's Office Tourism 1/10/20055:04 PM Approved By Maria E. Bernal Tourist Tax Coordinator Date County Manager's Office Tourism 1/10/20055:18 PM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 1/11/200510:38 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management 8. Budget 1/12/200511:45 AM Approved By Marla Ramsey Parks 8. Recreation Director Date Public Services Parks and Recreation 1/12/20054:47 PM Approved By Mark Isackson Budget Analyst Date Agenda item No. 1602 January 25. 2005 Page .4 of 23 County Manager's Office Office of Management & Budget 1/14120059:04 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1/14/20059:32 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1/14/2005 5:50 PM Agenda Item No. -1602 January 25, 2005 Page 5 of 23 - AGREEMENT REGARDING IMPROVEMENTS TO VANDERBILT BEACH ACCESS #1 TIllS Agreement, made and entered into this day of , 2005 by and between the Board of County Commissioners, Collier County, Florid~ a political subdivision of the State of Florida, hereinafter called the "COUNTY," and VGC, LLC, hereinafter called "V GC". WITNESSETH WHEREAS, the COUNTY owns a five (5) foot beach access easement along Gulfshore Drive; this parcel is called "Vanderbilt Beach Access #1"; it is to be improved as a public beach access. WHEREAS, this Agreement does not limit the County's use of this beach access for all lawful uses; and WHEREAS, VGC is a local development company, which is currently developing The Vanderbilt Condominium on a parcel of land adjoining the beach access easement, and the two parties hereto desire to coordinate the construction of the two projects; and WHEREAS, VGC herein sometimes called the CONTRACTOR, desires and plans to provide services for the construction of the beach access, including, but not limited to, engaging services of a firm or :firms capable of performing the work related to the Project; and WHEREAS, the COUNTY desires to have VGC engage, as needed, sub- contractors, sub-sub-contractors, materialmen, suppliers, and laborers, for the Project because the parties believe that having these services performed through the CONTRACTOR will result in cost saving to the COUNTY in lieu of the COUNTY having those services performed without the respective assistance fÌ'om CONTRACTOR; and WHEREAS, VGC is agreeable to and desirous and capable of performing, providing, or otherwise undertaking such services on behalf of the COUNTY in connection with the Project; and WHEREAS, the COUNTY is agreeable to and desirous of providing specific funding to VGC in connection with the Project, as described herein. NOW, THEREFORE, VGC hereby agree to perfonn, provide, or otherwise undertake the specific services in connection with the Project as specified below, and the COUNTY and VGC hereby covenant each to the other to implement the two Projects concurrently as follows: SECTION I. DESCRIPTION OF SERVICES AND TERMS OF USE. AGenda item No 1602 ~ January 25, 2005 Page 6 of 23 1.01 The WHEREAS Clauses are incorporated into this Agreement as if fully set forth herein. The identity and location of the beach access where the services are to be provided are depicted on Exhibit "A" attached and incorporated herein by reference. If additional locations are added to the original listed areas as per Exhibit "A," the additional locations shall be mutually agreed upon in writing between VGC representative and the County Parks and Recreation Director or their designee. 1.02 A description of the services to be provided under this Agreement as well as the projected maximum estimated costs for each service are shown on Exhibit "B." àttached and incorporated herein by reference. 1.03 For so long as the beach access remains a County owned beach access; the COUNTY, at its expense, shall repair and maintain the beach access. SECTION II. TERMS. 2.01 Except as this Agreement may otherwise be tenninated, this Agreement shall remain in full force from the date first above written and shall automatically expire on March 1, 2005, unless extended as provided in 2.02. 2.02 On or before March 1, 2005, the Parties may extend this Agreement by mutual agreement under all of the terms and conditions contained herein for an additional period to be determined by the COUNTY and VGC. 2.03 The COUNTY, as one party, or VGC as the other party, may unilaterally terminate this Agreement if the other party is in material breach of this Agreement and the party desiring unilateral termination "for cause" provided the allegedly defaulting party is provided with not less than sixty (60) days advance written notice of the alleged breach and is given a reasonable period of time to cure the breach if the breach is curable. Of course, this Agreement may be terminated at any time by mutual agreement of the parties. SECTION ill. VGC RESPONSffiILITIES. 3.01 VGC shall assume the entire responsibility for contracting with the CONTRACTOR and/or perfonning the duties of the CONTRACTOR for the Project described herein. 3.02 VGC shall be responsible for management and oversight of construction for the Project and shall construct the project in accordance with the plans and design as approved by the COUNTY. 3.03 VGC agrees to assign a representative to the Project during the term of the Project so that the COUNTY may effectively coordinate its services with VGC. In this 2 ..j Agenda Item No. 1602 Januarv 25. 2005 Páge ¿ or 23 respect, VGC agrees to require its representative or agent to attend regular progress meetings as may be reasonably requested by the COUNTY. 3.04 VGC agrees to administer, in the form of plans, memoranda and reports, Project clarifications and changes as may be necessary during the Project. If any such changes directly affect the COUNTY, VGC shall immediately notify the COUNTY'S representative, and if the COUNTY approves such changes in writing, VGC shall forthwith prepare Change Order and/or Supplemental Agreement documents as appropriate. The above notwithstanding, the COUNTY additionally authorizes VGC to prepare, execute and implement minor Change Orders for work changes necessitated by the Project so long as the contract amount authorized by this Agreement is not exceeded. 3.05 VGC agrees, at no cost to the COUNTY, to obtain required waivers and releases of claim of lien from persons and finns perfonning work or providing services on or for the Project. As a matter of law, no liens under Chapter 713, Florida Statutes, may be filed against the County's property. In the event that any person or entity attempts to fIle any claim of lien against the County's property arising out of this Agreement or the subject services, all such liens shall be removed by the CONTRACTOR at no expense to the COUNTY. 3.06 VGC agrees to complete construction of the beach access not later than March 1, 2005. SECTION IV. COUNTY'S RESPONSffiILITY. 4.01 With respect to specific services to be provided to VGC by the COUNTY under the tenns of this Agreement, services are deemed to include, but shall not necessarily be limited to, the following items: 4.02 The COUNTY agrees to assign a representative to the Project during the term of the Project so that the COUNTY may effectively coordinate its services with VGC. In this respect, the COUNTY agrees to require its representative or agent to attend regular progress meetings as may be requested by VGC. 4.03 The estimated cost of the Project is not to exceed one hundred fifty-four thousand one hundred seventy-five dollars ($154,175.00) and the COUNTY shall provide, on a cost reimbursement basis, reimbursement to CONTRACTOR for actual costs of the Project then paid by CONTRACTOR for the items listed in Exhibit "B" up the sum of one hundred fifty-four thousand one hundred seventy-five dollars ($154,175.00). The CONTRACTOR shall make its best efforts to obtain, from all sub-contractors, sub-sub-contractors, suppliers, materialmen, and laborers, the best services for the least amount of money as if those expenses are. not to be reimbursed by the COUNTY. .." .J AGenda :tem No. 16D2 ~ January 25, 2005 Page 8 of 23 4.04 In the event that the COUNTY should desire additional services as necessary and mutually agreed upon by COUNTY, V GC, under this agreement in addition to those identified in Exhibit "B", and which would exceed the contract sum not to exceed one hundred fifty-four thousand one hundred seventy-five dollars ($154,175.00), Change Orders or Supplemental Agreement documents for this Agreement must be issued by the COUNTY for said additional services, and shall be authorized in writing signed by the COUNTY'S representative and VGC in compliance with the COUNTY'S then current Purchasing Policy. 4.05 The COUNTY shall regularly and periodically examine, with VGC'S representative(s), requests for payment (monthly pay invoices) as submitted to the COUNTY by VGC and are satisfactory to the Finance Department. When such requests are deemed to be in proper order, the COUNTY shall certify, if true, that to the best of its knowledge, the quality and quantity of work performed is in accordance with the Project services, and shall transmit them for payment to the COUNTY Finance Director as part of the payment process for the Project. 4.06 Upon completion of all work associated with the Project, including all Change Orders and Supplemental Agreements thereto, if any, the COUNTY shall make a final review of the Project with VGC agent(s) or representative(s). 4.07 The COUNTY shall have the right to inspect any work done for the Project and shall have access to the site at all reasonable times. 4.08 As the Project proceeds, the COUNTY has full rights under this Agreement to make inspections of the Project, and approval all work done for the Project prior to making any payment to CONTRACTOR. 4.09 The COUNTY has no legal obligation to improve this beach access or to enter into this Agreement. The County is entering into this Agreement because the parties believe the County can improve the beach access at less costs than improving the beach access on its own at this time without· the specified assistance from the CONTRACTOR. SECTION V. INDEMNIFICATION. 5.01 VGC shall defend, indemnify and save the COUNTY harmless from any and all claims, liability, losses and causes of actions arising out of any act, error, omission, negligence of VGC or its agents or representatives arising from or incident to VGC performance under this Agreement. VGC shall not be responsible for any incident arising from the sole negligence of the COUNTY. 5.02 This provision shall also pertain to any claims brought against the COUNTY by any employee of the named VGC, any sub-contractor, sub-sub-contractor, materialman, supplier, or laborer, and all other individuals directly or indirectly employed or retained by either of them. 4 Agenda Item No. 1602 January 25, 2005 Page 9 of 23 ,,-... 5.03 VGC'S obligations under this provision shall only be limited to the extent, if any, provided by Florida law, but shall not be limited in any way by the agreed upon contract price as shown in this Agreement or VGC'S failure to continue in full force the specified insurance coverage. 5.04 This SECTION V shall survive for ten years subsequent to any termination of this Agreement unless waived earlier by the expressed written mutual agreement of the parties, their successors or assigns. SECTION VI. INSURANCE. 6.01 Until such time as this Agreement is completed or terminated, whichever occurs first, VGC shall maintain, if already in place, or provide, if not already in place, insurance applicable to the beach access as follows: A. Commercial General Liabilitv: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liabilitv: Coverage shall have nummum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Comoensation: Insurance covering all employees meeting. Statutory Limits in compliance with the applicable state and federa1laws. 6.02 Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. 6.03 The above insurance requirements can be provided by riders (or other changes) to the CONTRACTORS' current, valid insurance policies meeting the limit and scope requirements shall be maintained by CONTRACTOR during the duration of this Agreement. Renewal certificates shall be sent to the County a minimum of thirty (30) days prior to any expiration date. There shall be a minimum thirty (30) day notification to the County in the event of cancellation or modification of any such required insurance coverage. 6.04 Contractor shall insure that all subcontractors comply with the same insurance requirements that CONTRACTOR is required to meet under this Agreement. The same CONTRACTOR shall provide County with certificates of insurance meeting the required insurance provisions. 5 ,4ge!lda item No. 1602 January 25. 2005 Page 1Ó of 23 SECTION VII. REPRESENTATIVES. 7.01 The COUNTY Parks and Recreation Director, or designee, either directly with VGC'S project manager, or their designee, shall, respectively, act as the COUNTY'S contract authority and representatives under this Agreement. SECTION VIII. MUTUAL COVENANTS. 8.01 The COUNTY shall pay unto VGC the amount of cost of services pursuant to Article 4.03 and 4.04 above. Payment will be made upon receipt of a proper' invoice and in compliance with Section 218.70, Florida Statutes, otherwise known as the "Florida Prompt Payment Act". 8.02 It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. SECTION IX. MISCELLANEOUS. 9.01 This Agreement must be executed by all parties prior to VGC and the COUNTY commencing with the work and services described. 9.02 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by VGC'S representative or their authorized designee, and the COUNTY, or its designee, in compliance with the then current COUNTY Purchasing Policy. 9.03 There are no third party beneficiaries to this agreement. 9.04 This Agreement is controlled by and shall be administered in accordance with the Laws of Florida. 6 Agenda Item No. 1602 January 25, 2005 Page 11 of 23 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. FOR THE COUNTY: BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERK. BY: Deputy Clerk Board of County Commissioners, Chainnan Approved as to form And Ie al iency: ~ For VGC By: A Don Corace, as Vice -President of VGC, LLC. ~ Witness ck~~~laA ~.M.., tkvJ- /S,«9·Þe /J-e.. ihf /ê f (printed or typed) - '1 Aaenda item No. 1602 ~ Januarv 25. 2005 _........,.. ',,"'. 'Dlldµ~"O"" d~"'IDA$\\ ... XI''',,, 'OO!l8l" ,""""".......,..,.,,, "'" ."'"" ..,,"'''', ..,.,....,....Þ>d\...... ~~ g~"~,~ '~d ~~"""..-""'Ð' II> ~ o )- Iñ ¡; a ./ ro~-- ;¡. ~ ~~~ ~J r, /.,. = ,...= J ~ ~ .~..- _ow' '__ _J .--- ~t I ..-~( :.:'J~'Ç.J1~\ g~'4t: -. :, o;.} \ ':;.. '\.' ';'):1. '..(1 \ ~g~ \ ,f: il~ I ---- -r- --- --- --.;- -- -", \ \ !Jl (1 t'::!Q.... ~~ ""'Ç') r:-.g " " :tI_~ <. ~ r;¡':" "'- ~. '':]" ':;",0 '" ~ () " ~ 9. .I@ U II ;11 I III B '1": i ~ ~ \ \ I ','~ \ ;-~. " .- ~- ~ {·¡:)t__ ~ ~ ~\ I?, ~ \ ::: <:. ~~~"~ "i', \~ .J.- , - EXHIBIT "B" VANDERBILT BEACH ACCESS #1 Description and estimated cost of services ACTIVITY COST 1. Boardwalk Construction $154,175. TOTAL $154,175. ,A.genda Item ì\lo. 1602 January 25, 2005 Page 13 of 23 .-¥. ~~ N L!J C"0 f~CN (õ04- ~("\I 0 . l{)-.g- QN~ ~ê"~ ~rom ....::J(L e- m w: "0-:: c ill OJ « '" E .~ þ -.. R~E; ~. ~ 8· ~~~~ ~~Þ. . ø:l: ~ ~ ..1l. Z \-¡t- , \ , £"j r" £i ~ ~ª ! JJ z (TI ~DI 75 ~. - ~~~ r ~~ç ::::. ~1'M-I ..., ~:I: . Z\'G ~ (CROf OJ) - . t::?'R \ \IE. l~ ~ :t us. - \P j~ H - -) 0', - C1<.- a, (-:£--75) Agenda I~ NoQ 602 Janua~ 2£8005 ~ EXECUTIVE SUMMARY \\oç~ Approve a Tourist Development Category "A" Grant Application and a Budget Amendment for the Vanderbilt Beach Easement Access for Fiscal Year 2004 in the Amount of $148,500 OBJECTIVE: To obtain approval of a Tourist Development Category "A" grant application as recommended for approval by the Parks and Recreation Advisory Board and the Tourist Development Council. CONSIDERATIONS: The following Tourist Development Category "A" grant application was reviewed by the Parks and Recreation Advisory Board (P ARAB) on May 19, 2004, and the Tourist Development Council (TDC) on May 24, 2004. Both boards approved the project unanimously. Vanderbilt Beach Easement Access--$I48,500 A five-foot beach access easement was secured ftom the Vanderbilt Condominium when redevelopment permits were issued. The approved redevelopment is underway, and the Parks and Recreation Department would like to make site improvements consisting of a boardwa1k, benches, signage and trashcans in concert with the current construction effort. FISCAL IMPACT: Staff bas prepared a budget amendment transferring $148,500 ftom the Tourist Tax Reserve to this new project. GROWTH MANAGEMENT IMPACT: This project furthers the Growth Management Plan directive to continue to ensure that access to beaches and waterways remains available to the public. RECOMMENDATION: That the Board of County Commissioners approves the attached grant application for Tourist Development Category "A" and a budget amendment for a beach access walkway on Vanderbilt Beach in the amount of$148,500. /\genda item No. 602 January 25, 2005 Page 16 of 23 Collier County Tourist Development Council Grant Application For Vanderbilt Beach Easement Access 1. Name and Address of Applicant Organization: Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 2. Contact Person, Title and Pbone Number: Joe Delate, Senior Project Manager Department of Parks and Recreation Phone: 353-0404; Fax: 353-1002 3. Organization's CbiefOfficial and Title: Donna Fiala, Chainnan Board of County Commissioners 4. Brief Project Description: Installation of a boardwalk and other improvements at the newly acquired beach access easement at Vanderbilt beach ("The Vanderbilt Condominium"). 5. Estimated project start date: 6/15/04 6. Estimated project duration: 10 months (6/15/04- 4/15/05) 7. Total amount requested: $148,500 8. If the full amount requested cannot be awarded, can tbe program/project be restructured to accommodate a smaller award? Yes (X) No 0 9. Identify tbe goals and objectives for tbe project: To implement the goals of the Beach and Boat Access Master Plan, specifically creating new beach access and increasing the ftequency of distribution ofbeachgoers along the beach. Aqenda Item No. 1602 ~ January 25, 2005 Page 17 of 23 .-" CoUier County Tourist Development Council Grant Application Page 2 EXHIBIT A 10. Describe what benefits wiD be received from the project: Residents and visitors to Collier County will have an additional beach access point in the Vanderbilt area. 11. Describe how the effectiveness of the project will be evaJuated: The project will be deemed effective when Beach and Water maintenance personnel or Park Rangers report incidentally observed public use of the beach access point. 12. Describe how the project enhances existing County Tourist Development Programs: Existing County Tourist Development Programs fund beach renourishment and beach park programs in order to enhance Collier County's attractiveness to visitors. This project will expand the beach park/access point network which the TDC works to develop. 13. Describe how financial resources wiD be monitored: The project will be administered by Parks and Recreation, under the direct supervision of the Senior Project Manager. All applicable County purchasing policies and procedures and financial review procedures wilJ be adhered to. 14. Please complete the following questions and provide additional informatio~ if necessary: · Does the proposed expenditure further tbe objectives outlined in the Mission Statement? Yes (X) No ( ) · Does the proposed expenditure fairly distribute monies to different geographic areas oftbe County? Yes (X) No ( ) For purposes of Growth Management Plan compliance, beach parks are considered regional park facilities, meaning that they serve users within a one-hour drive time or 50- mile radius. This facility then is considered to serve the full urban populated area of the County. .."'..-.---------..' Aaenda item No. 16D2 ~ January 25, 2005 Page 18 of 23 CoUier County Tourist Development Council Grant Application Page 3 EXHIBIT A · Does the proposed expenditure promote environmental awareness and understanding and does the proposed project address environmental considerations? Yes (X) No ( ) The propose project includes a boardwalk dune crossover to mitigate damage to the natural shoreline. · Is the proposed project part of the ongoing Collier County beach restoration project and/or pass maintenance/dredging/management projects? Yes ( ) No (X) · Is the proposed Project required by a regulatory agency as a condition for approval/funding the Collier County beach restoration projects? Yes ( ) No (X) . wm the proposed project contribute significantly to the progress of the beach restoration projects? Yes ( ) No (X) · Will the project decrease the local cost share of an overall beach restoration project., either by decreasing the total project cost or by increasing tbe local/non- local ratio? Yes (X) No ( ) The proposed project may decrease the local cost share of beach restoration by increasing the :&equency of beach access points and thereby making the County eligible for State renourishment funding, · Will the project improve understanding of alternative technologies that may contribute to a cost-effective beach restoration project? Yes ( ) No (X) · Is there a potential for an alternative/matching funding source? Yes (X) No ( ) Parks and Recreation Impact Fees could be used as a match. Aaenda Item No. 1602 ~ January 25, 2005 Page 19 of 23 - · Is the project consistent with the Collier County Growth Management Plan and/or standing Board of County Commission action? Yes (X) No ( ) The project is consistent with Growth Management Plan directive to ensure public access to beaches and waterways and furthers the objectives of the Board-approved Beach and Boat Access Master Plan. ,;genda ¡tern t\Jo. -16D2 Januarv 25. 2005 Page 20 of 23 Collier County Tourist Development Council Grant Application Page 4 EXHIBIT A . Has the project been reviewed and recommended by the Parks and Recreation Advisory Board? Yes, on May 19, 2004 the Parks and Recreation Advisory Board reviewed the project at their monthly meeting and voted 5-0 in favor of forwarding the project to the TDC. Signature: Marla Ramsey, Director, Department of Parks and Recreation Date: Agenda Item No. 1602 January 25, 2005 Page 21 of23 - Collier County Tourist Development Couneil Grant Application Page 5 EXHIBIT A PROJECT BUDGET ITEM DESCRIPfION AMOUNT 1. Design. permitting. construction administration $ 10,000. 2. Boardwalk construction $110,000. 3. Site furniture, signage, trash receptacles $ 10,000. 4. Permit applications (CCL, FDEP), building permits $ 5,000. 5. Contingency (10%) $ 13,500. 6. TOTAL $148,500. ,~-_.~'-~--.. -- -......-.- :;- .. Aoenda !tern No. 1602 ~ January 25, 2005 Page 22 of 23 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION Beach Renourishment and Pass Maintenance Vanderbilt Beach Access #1 (Project Title) 1. Name and Address of Project Sponsor Organization: 2. Contact Person, Title and Phone Number: Name: Marla Ramsev. Director Address: 3300 Santa Barbara Boulevard City: Naoles ST: FL ZIP 34116 Phone: 239-353-0404 FAX: 239-353-1002 Other: marlaramsev(iV,collien?:ov.net 3. Organization's Chief Official and Title: Donna Fiala. Chairman Board of County Commissioners 4. Details of Project- Description and Location: Construct new pedestrian boardwalk at "The Vanderbilt Condominium" on Gulf Shore Drive. known as Vanderbilt Beach Access # 1 5. Estimated project start date: January. 2005 6. Estimated project duration: 3 months 7. Total TDC Tax Funds Requested: $16.500 8. If the full amount requested cannot be awarded, can the program/project be restructured to accommodate a smaller award? Yes ( ) No (x) -, Collier County Tourist Development Council Category " A" Grant Application Page 2 Vanderbilt Beach Access #1 (Project Title) PROJECT BUDGET PROGRAM ELEMENT AMOUNT Aqenda Item No. 602 - January 25,2005 Page 23 of 23 I have read the Tourist Development Category "A" Beach Funding Policy covering beach renourishment and pass maintenance and agree that my organization will comply with all g' lines and criteria. mc Funds Requested by this grant $ 16.500 For final construction costs (original Grant $148,500) Cityrraxing District Share $ State of Florida Share $ Federal Share $ TOTAL $ 16.500 (Original + amended grant = $165,000) PROJECT EXPENSES: (Engineering. Mobilization, Contractor, Monitoring etc) Construction Design and Pennitting $ 154.175 $ 10.825 TOTAL $ 165.000 (entire project) /" If) -05 Date nature of Sponsor rg ization's Chief Official EXHIBIT A Agenda Item No. 16D3 January 25. 2005 Page 1 of 2 .......-.... EXECUTIVE SUMMARY Recommendation to approve a budget amendment recognizing $13,166.68 in revenue from private contributions and appropriating funds for the purchase of Access Dinghies for the Collier County Sailing Center Objective: To expand the Accessible Sailing Program at Sugden Regional Park to accommodate more people with special needs. Considerations: The Accessible Sailing Program at Sugden Regional Park for youth and adults with special needs has been resoundingly successful. The program currently has three Access Dinghies, and participation has grown to the point that the waiting period for an available boat is often longer than special needs sailors can tolerate. Parks and Recreation has secured $13,166.68 in private donations to assist with the purchase of three more Access Dinghies. Fiscal ImD8ct: Staff has prepared a budget amendment recognizing $13,166.68 in revenue from private contributions and appropriating funds to purchase boats under the Recreation Programs budget. Growth Management Imøact: No Growth Management Impact is associated with this item Recommendation: That the Board of County Commissioners approves the above· referenced budget amendment. Preøared by: Amanda Townsend, Operations Analyst, Parks and Recreation ,- Agenda Item No. 16D3 January 25, 2005 Rage 2 of 2 -, COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 1603 Recommendation to approve a budget amendment recognizing $13,166.68 in revenue from private contributions and appropriating funds for the purchase of Access Dinghies for the Collier County Sailing Center 1/25/20059:00:00 AM Meeting Date Approved By Marla Ramsey Parks & Recreation Director Date Public Services Parks and Recreation 1/12/20054:34 PM Approved By Kathy McLarty-Carpenter Executive Secretary Date Public Services Public Services Admin. 1/12/20054:35 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1/13/2005 9:22 AM Approved By Gary A. Vincent Management & Budget Analyst Date County Manager's Office Office of Management & Budget 1/14/200510:23 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1/14/200510:52 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1/18f2005 3:11 PM EXECUTIVESU~Y Agenda Item No. 1604 January 25, 2005 Page 1 of 9 _ ,.-, Recommendation to enter into an agreemënt to provide existing funding of $50,000 for operational expenses associated with WeCare, inc. OBJECTIVE: That the Board of County Commissioners approves an agreement with WeCare, Inc. for developing the Collier Physician Led Access Network by using existing funds associated with the Human Services Department. CONSIDERATIONS: Health Planning Council of Southwest Florida, Naples Community Hospital, HMA, Cleveland Clinic, Collier Health Services, Inc., Collier County Health Department, Senior Friendship Center, WeCare, Inc., The David Lawrence Center and the Collier County Human Services Department have worked together in a collaborative fashion for the last 12 months to plan and organize a system of care that recognizes the charity care provided in the community and to develop a more effective system of providing access to individuals who are uninsured and have the need for medical care. ,- Recently, consultants associated with the American Project Access Network (APAN) met with these community agencies to propose reorganizing current charitable care to be a unified community approach to providing access. Dr. Suzanne Landis, President of the Board of AP AN and Joshua Kaufman, Executive Director of AP AN met with commlDlity leaders to begin the process of this reorganization. A 501©(3) is formed under the current "We Care" designation and an organizational meeting was held November 30,2004 to select a board of directors for the new Collier Physician Led Access Network. Currently, there exists a balance of $338,257 at Naples Community Hospital as of December 16, 2004 from the county's participation in the Upper Payment Limit Program. These funds must be expended on health related programs and are being used to offset FY 05 expenditures. These funds cannot be returned to the county as cash payments. The current agreement between Collier County and Naples Community Hospital is that the: "Hospital agrees to fund other health related programs and services as directed by the County." These carryover funds have resulted from the Horizon's Primary Care Clinic treating Collier County residents who traditionally have sought medical assistance at the Human Services Department. These funds are being used to pay for FY 05 obligations fÌ'om the Human Services Department, but a swplus in excess of $50,000 is anticipated. The creation of the AP AN network wi1l reduce exposure for the Human Services Department in creating greater efficiencies for individuals served through its current programming. The network will track charity care in the community and is anticipated to be online within 9-12 months. r- Operational expenses of $50,000 are needed to employ the Executive Director of the Collier Physician Led Access Network for a period of January 1, 2005 through September 30, 2005. The organization has received funding from Collier County United Way of $35,000 to purchase the services associated with the AP AN consultants and the Collier County Health Department currently is providing $14,000 for salary expenses of the Executive Director through February 1, 2005. The organization is also seeking funding through the Community Foundation of Collier County. ·,,'··...""'''!...1lI!.''~11.''''·'',"''··, Agenda Item No. 16D4 January 25, 2005 Page 2 of 9 The Agreement has been reviewed and approved by both the Purchasing Department Contract Administration section and the County Attorney's Office. - FISCAL IMP ACT: There is no fiscal impact. The $50,000 will be invoiced by the Collier Physician Led Access Network and paid :trom the surplus funds remaining at Naples Community Hospital. GROWTH MANAGEMENT PLAN: There is no Growth Management impact associated with this action. RECOMMENDATION: That the Board of County Commissioners approves entering into a County Attorney approved agreement with WeCare, Inc. for operating the Collier Physician Led Access Network for $50,000 for the period of January 25, 2005 through September 30, 2005. Prepared by: Barry Williams, Director, Human Services Department ,.,,-... Agenda Item No. 1604 January 25, 2005 Page 3 of 9 ,- COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 1604 Recommendation to enter into an agreement to provide existing funding of $50,000 for operational expenses associated with WeCare, Inc, Meeting Date 1/25/2005 9:00:00 AM Prepared By Date Barry Williams Human Services Director 1/11/20054:13:22 PM Public Services Human Services Approved By Barry Williams Human Services Director Date Public Services Human Services 1/11/20051:13 PM Approved By Marla Ramsey Parks & Recreation Director Date Public Services Parks and Recreation 1/12/20054:42 PM Approved By Kelsey Ward Senior Purchasing and Contracts Agent Date Administrative Services Purchasing 1/13/200511:21 AM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 1/13/200511 :57 AM Approved By OMB Coordinator Administrative Assistant D,ate County Manager's Office Office of Management 8. Budget 1/13/2005 12:22 PM Approved By Gary A. Vincent Management 8. Budget Analyst Date County Manager's Office Office of Management 8. Budget 1/14/20052:53 PM Approved By Michael Smykowski Management 8. Budget Director Date County Manager's Office Office of Management 8. Budget 1/14/20054:14 PM Approved By James V. Mudd County Manager Date Agenda Item No. 1604 January 25, 2005 Page 4 of 9 Board of County Commissioners County Manager's Office 1/18/20057:06 PM Agenda Item No. 16D4 January 25, 2005 Page 5 of 9 AGREEMENT ,.-.., THIS Agreement, made and entered into this day of , 2005 by and between the Board of COW1ty Commissioners, Collier County, Florida, a political subdivision of the State of Florida,. hereinafter called the COUNTY, and the CoHier County WeCare organization, hereinafter called WeCare. WITNESSETH WHEREAS, the COUNTY, in cooperation with the WeCare wishes to develop a integrated, coordinated referral network for the uninsured citizens of Collier County, hereinafter referred to as Project, and WHEREAS, WeCare, proposes to develop similar services; and WHEREAS, the COUNTY desires to compensate and have WeCare, on behalf of the COUNTY, engage services for the Project; and WHEREAS, WeCare is agreeable to and desirous and capable of perfonning, providing, or otherwise wldertaking such services for COUNTY in connection with the Project; NOW, therefore, in consideration of the promises and mutual covenants hereinafter contained, WeCare hereby agrees to perform, províde,or otherwise undertake said services in connection with the Project as outlined below, and both the COUNTY and WeCare hereby covenant each to the other to implement the Project concurrently subject to the terms and provisions as hereinafter contained. SECTION I. DESCRIPTION OF SERVICES TO BE PROVIDED UNDER PROJECT Establish marketing materials for physicians to participate in Physician Led Access Network of CoJIier County (PLAN) by March 1, 2005. Successfully recruit 175 Collier County physicians added as provisional commitments to provide care to PLAN by. September 30,2005. Establish agreement between CCG and WeCare to provide financial assistance for individuals at or below 100% of Federal Poverty Limit (FPL), if physicians agree to provide care for individuals at or between 101-150% of FPL. Provide Strategic Business.Plan provided by APAN and adopted by WeCare Board of Directors by February 2005. Establish operating/functional .Board of Directors for PLAN by February 1, 2005. Write proposal for CDBG funding for on-going operating expenses of PLAN by June 1,2005. Enroll first PLAN patient October 1, 2005. Agenda Item No. 16D4 January 25, 2005 Page 6 of 9 Coordinate and establish (4) Conference Call work sessions - between WeCare executive/steering committee and PLAN consultants by Sep1ember 30, 2005. If applicable, recommend further analysis necessary to further verify the points of contention. SECTION II. TERMS 2.01 Except as this Agreement may otherwise be terminated, this Agreement shall remain in full force from the date first above written and shall terminate on September 30, 2005 upon the completion of the services and responsibilities performed by the COUNTY and WeCare to each other's reasonable satisfaction which shall be evidenced in writing. 2.02 The COUNTY may, at its discretion and with the consent of WeCare, extend the Agreement under all of the terms and conditions contained in this Agreement for three (3) additional one (1) year periods. 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. 2.03 The COUNTY or WeCare may terminate this Agreement with reasonable cause prior to the completion of the Project, upon thirty (30) days prior written notice each to the other. In the event of such termination by either party, the COUNTY shall be entitled to compensation for the value of services provided, and termination costs as actually incurred. 2.04 The Project as proposed shall be primarily maintained by WeCare or its assigns. SECTION III. WeCare's RESPONSIBILITIES 3.01 WeCare shall assume the entire responsibility for contracting with any outside consultants deemed necessary to assist with the project. 3.02 WeCare shall be responsible for, the means, methods, techniques, sequences and procedures relating to the Project, 3.03 WeCare agrees to assign a representative or agent to the Project during the term of the Project so that the COUNTY may effectively coordinate its services with WeCare. In this respect, WeCare agrees to require its representative or agent to attend regular progress meetings as may be requested by the COUNTY. WeCare's representative or agent under this Agreement shall be any individual, firm or entity that WeCare recommends to the COUNTY and the COUNTY henceforth approves. Moreover, WeCare's representative or agent under this Agreement, shall act as WeCare's contract authority under this Agreement and any directions, instructions, or notifications given such representative or agent by the COUNTY or by the COUNTY'S authorized representative or agent shall be in full force as if given directly to WeCare. The above notwithstanding, the COUNTY shall endeavor to issue directives, instructions, or notifications relating to the Project directly to WeCare. 3.04 Administrate, in the form of plans, memoranda, reports, Project clarifications and changes, which may be necessary during the Project. If any such changes directly affect the COUNTY, WeCare shall notify the COUNTY's representative, and if the COUNTY approves such changes in 2 Agenda Item No. 16D4 January 25, 2005 Page 7 of 9 writing, WeCare shall forthwith prepare Change Order and/or Supplemental Agreement documents -, as appropriate. The above notwithstanding, the COUNTY additionally authorizes WeCare to prepare, execute and implement minor Change Orders for work changes necessitated by the Project so long as the contract anl0wlt authorized by this Agreement is not exceeded. 3.05 Obtain required waivers and releases of claim of lien from persons and firms performing work or providing services on or for the Project. SECTION IV. COUNTY'S RESPONSIBILITY 4.01 With respect to specific services to be provided to We Care by the COUNTY under the tenns of this AGREEMENT, the services are deemed to include but shall not necessarily be limited to the followÌng items: 4.02 Reimbursement of a portion of the actual costs of the Project up to and including the sum of Fifty thousand ($50.000.00) with the wlderstanding that WeCare shall share in the cost of the Project in the amount of twenty thousand dollars ($20,000.00). 4.03 In the event that the COUNTY should require additional services as necessary and mutually agreed upon by COUNTY and WeCare under this Agreement, and which would exceed the contract sum of fifty thousand dollars ($50,000.00), Change Orders and/or Supplemental Agreement documents for this Agreement must be issued by the COUNTY for said additional services, and shall be authorized in writing signed by both the COUNTY's representative and WeCare. 4.04 Regularly and periodically examine, with WeCare or WeCare's representative, requests for payment (monthly pay estimates) as submitted to the COUNTY by WeCare's contractor to detennine that they are in order for payment and consistent with the contract documents entered into between the COUNTY and WeCare. When such requests are deemed to be in proper order the COUNTY sha1l certify that to the best of its knowledge, the quality and quantity of work performed is in accordance with the Project services and shall transmit them for payment to NCB as part of the monthly payment processes for the Project. 4.05 Notify the COUNTY if WeCares contractor's performance is or appears to be behind schedule with regard to the Project 4.06 Upon completion of all work associated with the Project, including all Change Orders and Supplemental Agreements thereto, make a final review of the Project with WeCare's agent or representative. SECTION V. INDEMNIFICATION 5.01 To the extent pennitted by Florida law, WeCare shall defend, indemnify and save the COUNTY harmless from any and all claims, liability, losses and causes of actions arising out of any act, error, omission, negligence of WeCare or its agents or representatives arising from or incident to WeCare's performance w1der this Agreement. WeCare shall not be responsible for any incident arising from the sole negligence of tho COUNTY. 3 ---,-_....- """-'-~- Agenda Item No. 16D4 January 25, 2005 Page 8 of 9 This provision shall also pertain to any claims brought against the COUNTY by any employee of the nam~d WeCare, any sub-contractor, or anyone directly or indirectly emþloyed by any of them. WeCare's obligations under this provision shall only be limited to the extent provided by Florida law but shall not be limited in any way, by the agreed upon contract price [ACP] as shown in this Agreement or WeCares limit of or lack of sufficient insurance protection. SECTION VI. INSURANCE 6.01 The COUNTY and WeCare shall maintain insurance in the minimum amounts and types as required by Florida Law. 6.02 TIle COUNTY and WeCare agree that either party may be self:'insured on the condition that all self insurance(s) must comply with all state laws and regulations and must meet with the approval of tl1e other party to this Agreement. SECTION VII. REPRESENTATIVES 7.01 The Collier County Public Services Administrator, or their designee, either directly with WeCare or through duly authorized representatives assigned to the Project by them, shall act as the COUNTY'S contract authority and representative under this Agreement. SECTION VIII. MUTUAL COVENANTS 8.01 The COUNTY shall pay unto WeCare the amount of COUNTY'S cost of services pursuant to Article 4.02 and 4.03 above. SECTION IX. MISCELLANEOUS 9.01 This Agreement shall be govemed by and constructed under the laws of the State of Florida. In the event any litigation is instituted by way of construction or enforcement of this Agreement, the party prevailing in said litigation shall be entitled to collect and recover from the opposite party all court costs and other expenses including reasonable attomey's fees. 9.02 It is understood that both parties must execute this Agreement prior to WeCare and the COUNTY commencing with the work and services described heretofore. 9.03 This Agreement contains the entire lmderstanding between the parties and any modi-fications to this Agreement shall be mutuaUy agreed upon in writing by WeCare or it's designee and the Public Services Administrator or their designee. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. 4 ,-, AS TO COUNTY: ATTEST: DWIGHT E. BROCK, CLERK OF COURTS By: Dated: (SEAL) (Name typewritten) ,'- By: Chainnan, WeCare (Name typewritten) Approved as to form and legal sufficiency: Scott: R. Teach Assistant County Attorney Agenda Item No. 16D4 January 25, 2005 Page 9 of 9 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: CHAIRMAN Agenda Item No. 16E1 January 25, 2005 Page 1 of 50 EXECUTIVE SUMMARY Report and ratify staff-approved change orders and changes to work orders to Board _ approved contracts OBJECTIVE: To enable the Board to oversee the execution of administrative change orders and changes to work orders, and promote accountability in the use of staff authority. CONSIDERATIONS: On April 22, 2003, the Board approved a recommendation to implement a plan to enable changes to BCC-approved contracts (Section XIV. C, Collier County Purchasing Policy) of not greater than 10 percent of the current Board approved amount or $10,000 (whichever is greater) to be authorized by staff. Also included in the report are changes to Work Orders. These include work orders issued under CCNA Contracts, which are less than or equal to $90,000 (Section VII.C, Collier County Purchasing Policy), and changes to work orders for all other contracts (Section XIV. G, Collier County Purchasing Policy) which are not greater than 10 percent of the current Board Approved amount or $100,000 whichever is greater. The Administrative report identifies the percentage changes to contracts or work orders that have occurred since the amount most recently approved by the BCC, which are below the threshold limits as referenced above. - The plan calls for staff to submit a monthly report listing these change orders from the previous reporting period. Enclosed is the monthly report of the Administrative Change Order and Administrative Changes to Work Order Reports. These reports cover the period of November 23, 2004 through December 23, 2004. FISCAL IMPACT: There is no fiscal impact resulting from this action. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this action. RECOMMENDATION: That the Board of County Commissioners accepts the enclosed Administrative Change Order and Administrative Changes to Work Orders Report and ratifies the listed change orders and changes to work orders. PREPARED BY: Brenda Reaves, Contract Technician, Purchasing Department .- ----'"- ~ -'''-'''-~-~-''"«''''._,....'-~-"",'''''' "., '-' '-' ..............~I:.J..I.., '-' '-" U J. ~ . . BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16E1 Report and ratify staff-approved change orders and changes to work orders to Board- approved contracts. 1/25/20059:00:00 AM -. Meeting Date Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 1/12/200511 :51 AM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 1/12/2005 1 :51 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1/13/20059:20 AM Approved By Robin Johnson Management/Budget Analyst Date County Manager's Office Office of Management & Budget 1/14/20059:06 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1/14/2005 1 :35 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 1/19/200510:19 AM ...... 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CD .æ~ 1:.,.: 8 ª ~ CD .8:5 co.c In C) ~ E .B:5 ?( Ii >:5 .... ~ o CD ~~ 8 .~ - "C !'5 Ä~ .!12 :5 æõ 'E CD 0:2 ~: 1::5 ~~ In ;:, .- e ¡!::5,g C)CO ..1:;: CD:¡:5 I: E e ~ 8 1"11 '"' '5~!Q Õ E ì:: ill: "C ! fli~ t 8 8 ol8~ Agenda Item No. 16E1 January 25, 2005 Page 7 of 50 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Grey Oaks Public Safety Facility PROJECT #: 52006 BID/RFP #: 03-3493 MOD #: 10 AMOUNT OF THIS CHANGE $5,387.14 PO #: 4500013327 Work Order #: CONTRACT AMOUNT: ORIGINAL $ 1,650,406.00 CURRENT $1,689,412.18 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) last BCC Approved Amount 1,650,406.00 (LAST TOTAL. AMT. REQUIRING BCC APPROVAL.) Date of last BCC Approval 6/16/04 Agenda Item # 16 E :;;~~I.-i r!w~ttl¡ !C~. .(l"H~-.I, '~::$~~_.~ ~',: ,\ r,:. "J:¡~ l.'(,ij.~ __' ~: 1",~.:~.s:~.-;fj1~(:~~;!\'\:~\'-f; ,~J~:' ~¡:;J-I·:;:,-";:~~·~;i';~~ljJ~:: Percentage of the change over/under current contract amount 2.36% Formula: (Current Amount I Last BCC approved amount}-1 Results and Actions: If the chan e exceeds 10% BCC a roval is re uired; under 10% re orted to BCC on Purchasin re ort. CURRENT COMPLETION DATE (S}:ORIGINAl: 6/1/604 CURRENT: 12/30/04 SUMMARY OF PROPOSED CHANGE (S): Additional Pipe Bollards required at lP tanks and fir. Hydrant, Box Springs not Included In contract, Kitchen hood system, lyklngs Signtek system. JUSTIFICATION FOR CHANGE (S): City of Naples and owner requested PARTIES CONTACTED REGARDING THE CHANGE: BOD Pierce. Jack Croqnale IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) _ Y _ Proposed change is consistent with the scope of the existing agreement _ Y _ Proposed change is in fact an addition or deletion to the existing scope _ Y _ Change is being implemented in a manner consistent with the existing agreement _ Y _ The appropriate parties have been consulted regarding the change _ Y _ Proposed prices, fees and costs set forth in the change are reasonable PROJECT MAN" ~C~~NDATION: APPROVE: ~~ DISAPPROVE: COMMENTS: Date: Date: 1112-~;61- Revised 9/14/04 Agenda Item No. 16El ?, . January 25, 200~ Page 8 at-50 .-, CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Pine Ridae Road (CR '896) Airport Road to Napa Boulevard PROJECT #: 112-163652-763310-601114 BID/RFP #: !O4-3623 MOD #: 3 AMOUNT OF THIS CHANGE $4,888.68 PO #: 4500028546 Work Order #: N/A 5"'.1 ();;1../. ú!E- 3 14 /y!- CONTRACT AMOUNT: ORIGINAL $5;4,&22 68 CURRENT $ &2&.955.44 Sqc¿ 5/1~ ^- .1 (STARTING POINT) ::i(, (¡, 0 d.áJ l.J () (INCLUDING THIS CHANGE ORDER) ......, f. l.n Last BCe Approved Amount $ - 94,822. i \2,\'1 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BeC ApprovaC April 13,2004 Agenda Item # 16B-12 C''-:'"Iì~it·";ih:; Ù<lH:I' '}:dLI: ".\! r;:rtìr(!:. c)(d::'I::''-<t,~/¡ ì;~r:'",:;~"lrJ,i,':\,~,n\,\i^)r:\ ~)n~t:!I" $ 33.432.76 %~~ Percentage of the change over/under current contract amount 5.62- .,5, q;¿ Formula: (Current Amount I Last BCC approved amount}-1 Results and Actions: If the chan e exceeds 10% BCC a roval is re uired; under 10% re orted to BCC on Purchasin re ort. CURRENT COMPLETION DATE (S):ORlGINAL: 120 CUgRENT: 226 SUMMARY OF PROPOSED CHANGE (S): This chanae order is an adjustment in Quantities of specified Juniper and Pine Straw. The adiustment in Quantities of Juniper is a result of chances in plant material spacinq in planted medians. JUSTIFICATION FOR CHANGE (S): The chances result in better arowina conditions for specified plant materials and final adiustments in installed Quantities. PARTIES CONTACTED REGARDING THE CHANGE: Bob Peterson, Pamela Lulich, AI Vandermuelen, Darryl Richard, John Ribes, Diane Flagg, and Gloria Herrera. IMPLEMENTATION STEPS (Verify each before proceeding with change uSing Y, Nor N/A) Y Proposed change is consistent with the scope of the existing agreement Y Proposed change is in fact an addition or deletion to the existing scope Y Change is being implemented in a manner consistent with the existing agre Y The appropriate parties have been consulted regarding the change Y Proposed prices, fees and costs set forth in the change are reasonable CEIVED Date: Date: 10iO 4- I I NOV 1 7 2004 PROJECT MANAG~MENDATION: APPROVE: P ~ \i ._DISAPPROVE: ransportaoon perations ATM De t. (;OMMENTS: Chance Order #3 addresses chances in specifications and adjustments in cuantities. Revised 9/14/04 p",e;áe&t k of .13 Agenda Item No. 16E1 "1 January 25, 2005';? Page 9 of 50 - CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: 13th Sb8et SW Roadwav Widenina Prolect PROJECT It: 89068 BID/RFP ø: 04-3625, MOD #: 1. AMOUNT OF THIS CHANGE: POi: . Work Order #: CONTRACT AMOUNT: ORIGINAL '1.860.563.00, CURRENT 11.860.663.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCe Approved Amount: 11,860.663.00 (LAST TOTAL AMOUNT REQUIRING icc APPROVAL. Date of Last BCC Approval: 04f14104, Agenda Item #: .1!I.i Cumulative Dollar Value of Change Orders to this ContractJWork Order: HJm Percentage of the Change OverlUnder Current Contract Amount: ~ Formula: (Current Amount I last Bee Approved Amount) - 1, Then x 100 = Percentage Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing Report. For specific information regarding work order thresholds, please refer to the Contrad Administration Procedures, Section IIJ.C.4 CHANGE OF FINAL COMPLETION DATE DUE TO ADDITIONAL (10 HURRICANE) DAYS· ORIGINAL DATE: 12124104, REVISED DATE: 01/21/05 SUMMARY OF PROPOSED CHANGE (8): Additional time for weather or hurricane delavs and for modifications to curb and sidewalk due to chicane redesign. JUSTIFICATION FOR CHANGE (8): The additional time is reauested due the intense hurricane sea~n this year and additional days to modify the chicane area curb. remove and reolace conflicting sidewalk in accordance with the new desien of the traffic calmÏlie devices. PARTIES CONTACTED REGARDING THE CHANGE (S): The C.E.I.. Contractor. Field Engineering Insoector/Proiect Manaeer. PrinciDal Proied Manaeer. T.E.C.M. Diredor. Purchasina Director. TransDOrtation Administrator. Board of Collier County Commissioners. , , -)) ,.i' " ,~t '<' \. ,} c: \Documenø and SettingslttroosleylMy DOCJI1M1Ú8\13th Street, Collier CounrylChange Orders\C.O. #1 11 3th Street SW· Change Order #1, Form#l.doc 11/29/2004 3:03PM Page2of3 DEC-14-2004 12:42 CCLLI ER CO PRK Agenda Item Nb.'f'6EiJ.. January 25, 20051 Page 10 of 50 -. CONTRACT MODIFICATION CHICIWSTFOFlM PR~ECT NAME: Conatructlon MlII1agement lit Alek far North Napl_ Regional PIU'k PROJECT 1:80102 .IDIFIFP ,: 01-31. MOD 1:1 AMOUNT OF THIS CHANGE (-12,111,207.42) PO '4800037217 CONTRACT AMOUNT: ORIGINAL $58.802.145 CURRI!NT 180.888.437.&8 (8TAR11NG POINT) (INCLUDING TIll CHANU OIllDllR) La. Bee Approved Amount $53,802,141 (LØT TOTAL 1Mf. MQ&lIII.. lICe APPROVAL) Data of Lut BCC Approvallf2112OO4 Agenda Item 110 F Cumulatiw Dollar V..ue of Change Orders to thl. ContractlWork Order: (-12,138,207.42) IWCtØltage of the change over/under ourrent contraot amount . 5.71% Formula: (Current Amount I Last Bce approved amount)-1 Results and ActIons; If the change exceeds 10% Bce approval is required; under 10% reported to Bee on Purchasing report. For specific Infonnation regarding work order thresholds, please refer to the Contract Administration Prooedures, Seotlon III.C.4 CURRENT COMPLE110N DATE (S):ORIGINAL: &11012006 CURAINT: art0l200l SUMMARY OF PROPOSED CHANGE (8): Thl. deductive Change Order'1 la UIOCIatecI wl1h the Dlreot MaIMaI. Purch_ at llllårtal. dll'llClly fram thtI project V8I1dor. of the North N.... Rllglonal Park COMtruotlon project. By deducting the direct ooat. of oertaIn material. from kraft Conatruotlon'. purch_ order III1d purch,,'ng dlrwctly from the vendor, the County I. .ble to elYe the '" Florid. Sal_ Ta on the purch.... In this cue, the savings on the $2,838,207.42 at pure..... ~. approxlm8tely "'18,000 In tax I8VInp to the County. JU8nFlCATlON FOR CHANGE (I): exhibit 0 of the Contract ... out the procedu.. tor exeoutlng the Direct Mlterl., Puroh_ of goods. Thle Change Order I. consilient with the contract's procedure and ,. In concert with the County's policy of SaI_ Tax ..vlng. thru dlrtlct purch_. . PARTIES CONTACTED REGARDING THE CHANGE: Parka and Recreation OI....r, Purchulng Contnlcte Agent, Clerka Flnanoe Department Special Project Coordinator IMPLEMENTATION STEPS (Verity each before proceeding with change Ullng V, N or NlA) Y Proposed change Is oonsistent with the scope of the existing agreement Y Proposed change 18 In 1aot an addition or deletion to the existing scope Y Change Is being Implemented In a manner consistent with the exletJng agreement Y The appropriate partie. have been consulted regarding the change Y Proposed prioes, fees and oosts set forth in the change are reasonable . -PROJECT MANAGER RI!CO~ ~D8IaIe~ C PROVE: ,?'-. , Date: 11/30/2004 Date: Revised 9/14/04 Agenda Item NcH~1 January 25, 2005 Page 11 of 50 CONTRACT MODIFICATION CHECKLIST FORM IMPLEMENTATION STEPS (Verify each before proceeding with change using V, N or NlA) ..:L Proposed change is consistent with the scope of the existing agreement ..:L Proposed change is in fact an addition, or deletion to the existing scope ..:L Change is being implemented in a manner consistent with the existing agreement ..:L The appropriate parties have been consulted regarding the change ..:L Proposed prices. fees, and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: APPROVE: 1 ? 4= r D@te: (t (~q(ól( DISAPPROVE: Date: COMMENTS: C.olDocuments and SettingsltwoosleylMy Documentsl13th Street, Collier CountylChange Orders\C.O. #1\13th Street SW - Change Order #1, Form #l.doc 11/29/2004 3:03 PM Page3 of3 Agenda Item No.~6E1 .~ January 2Ho05 Page 12 of 50 ,.-.., CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Goodlette Frank Road Force main & Reclaimed WM PROJECT#: 74077 BID/RFP #: 04-3646 MOD#: 1 AMOUNT OF THIS CHANGE $7,500.00 PO #: 4500029486 Work Order #: N/A CONTRACT AMOUNT: ORIGINAL J 3.872.930 CURRENT J3.880.430 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $3,872,930 (LAST TOTAL AMT. REQUIRING Bee APPROVAL) Date of Last BCC Approval May 11,2004 Agenda Item # 16C 1 Percentage of the change over/under current contract amount .0119% (.I'1)ßI! Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: February 3,2004 CURRENT: April 4, 2004 SUMMARY OF PROPOSED CHANGE (5): To perform the butt fusion testinc in the field. The owner required the contractor to perform this testinc to conform with the Utilities Standards Manual adopted by BCC in April 2004. JUSTIFICATION FOR CHANGE (S): The bid was opened in March 2004. The Utilities Standards Manual was adopted by BCC in April. To conform with this new Utili tv standards. Collier County required the contractor to perform butt fusion testinc. This chance was not anticipated at the onset. Funds are available in the budcet to cover this chance. This chance is dictated due to the new Utilities Standards Manual. PARTIES CONTACTED REGARDING THE CHANGE: Bill Mullin. Principal Proiect Manacer. Joe Cheatham, Wastewater Director. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) _x_ Proposed change is consistent with the scope of the existing agreement _x_ Proposed change is in fact an addition or deletion to the existing scope . _x_ Change is being implemented in a manner consistent with the existing agreement _x_ The appropriate parties have been consulted regarding the change _x_ Proposed prices, fees and costs set forth in the change are reasonable ~~~~~~~MAtt::t~DA TlON: Date: J g, ¡ :) I 0 ~ DISAPPROVË: Date: COMMENTS: Revised 8/22/03 r' t (.1~·. rj\lhlt . . . Agenda Item NrI. 16E 1 January 2~OO? Page 13 of,50 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Rattlesnake Hammock Road (CR864) landscaøe ImørovementProiecttUS 41 Tamlaml Trail East to Polly Avenue) PROJECT #: 112-163652..763310-650211 BlDlRFP #: ~22 MOD #: 4 ' PO fI: 4500028557 Work Order #: AMOUNT OF THIS CHANGE í:.$2.221.71~ NlA CONTRACT AMOUNT: ORIGINAL $ 444.SW8.88 CURRENT $ 557.812.99 (STMTIIIG PQIIIT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $. 514..711.72 (LAST TOTAL NIT. REQUIRING IICC APPROVAL} Date of Last Bce Ap~June8. 2004 Agenda Item # ·1.OH t ~~U.cbqe~~eónÞdænouÞt µ7 . Formula: (Current Amount I Last BCC approved amount}-1 Resuttsand Actions: (f the . e, -exœeds 10%800 a 'I is Porch . tt q % CURRENT COMPLETION DATE (S);ORIGINAL: 120 CURRENT: 1B1 sUt.tMARYOF PROPOSED CHANGE{S): Chaoqe. Ordèr #4 !Sa dose out ,Chanaeorder. The itemsUsted address chanøesin Dlant matena1 soecificatfons. and finat· adiuštrnent in contracted inStallation of raauired sod material. Thîs chanae order adds· (zero.10 .da\i$. tó theconfract. JUSTIfICATION FOR CHANGE (S); 'the chanas tn Dtant material sl)ØCifJCàtion was neœssarv to address' idèl'1.tifiedsiahtfine iSSues.· The adittstment In,sod. ouantitvas a credit (savinas} is due to contracted amount exœedinaaotuafinstalled auantitles.No additional contract days are awarded as a result of Chanàe$. PARTIES' CONTACTED REGARDING THE CHANGE: Bob Peterson, Pamela Lullch, ~ Vandermuelen, Darryt Richard, Mil«tMcGee. Diane Flagg. and· Gloria Hèn'era IMPLEMENTA.TION STEPS (Verify each before proceeding with change uSing V, N or NlA~ Y Proposed change is conststent with thè 'scøpe of the exJsting agreement Y Proposed change is In fact an addition or deletion to the existing scope Y Change is being imptementéd In a r.nanner consistent with the éXfsUng agree Y The appropriate parties have been consulted regarding the change ( roposed prices, tees and costs set forth in the change are reasonable J.ECT MAN.A. G. ER~'. OMMEND AT1ON: APPROVE: ~. Date: ;t);v, 16) w4lf.- DiSAPPROVE: Date: COMMENT~ Chance Order #4 addresses chances in· soecifications. adjustments' in auantities. and resuftina cost savinas. RECEIVED nen NOV 1 8 2004 .... OD : -~ ATM Dent.. Revised 9/14/04 ¡í..l..... \~ ~ò~ ~ , ,i:',! .~:~·r;J·':?i;;¡;"~L-~~;,i~t,,):,;,,¡~>...,;~!,::~ ". ...""," I'f _. - .r' .~..". ',-,\ I...~ ",..~~"'I. . ~ .., ',;,:; ,.,'... , ¥~."~ . ... .~. ,~(,. ..... .Agen8=~·~eá~ ~~~~~~ - "7 Page 14 di' 50: 0#'" -, 00IfJRACT· MØDtfICATÎØN CMEOK\.IST FORM ' =::-~...~~~..~ PRGÆCT#';'U.tIIIII~lM""=,~ BDRFPLf: .1ØI.~..cm,ft.:.,.,..., ,., " .MOUNTOP".atMGE..tØ~Qt POt:· ~ WOI!k.......~A =-~AMOnn~.....~ ~,:.~ LetBCC~Am<ø.mt$~_. ':. '. '. .... . ~.REQ\HllNGtItC~ Oti1)fitutBCC:~ Aøenda·Jtêtn.#. 1$20 .$~ " ~af" ...·......~...4daMOUht. PomwIm ·~AmRnílt.aâtsœ appt'GWd. ømøumH ~_,............. . .. '.4..... '... . t:Ii^^. . . .. rx~I4:'8n"·. '.' '~~. ~ ~~ETf,ON:tMÆ~:121 ~:.182·"., " ~-=--= ~~~~~~-= tbe~:tbn.;:b'~':"dre~::à'f.~SlarffOriã~: .. " . . . .' ..' .JUS..11FICÞmœ.. ....p. œ.....CI'IMB.....·'... . iE...... (s..~..:..~~_~ =:=:.1~~=~===i~=~-~~_· ~'':- . ÞMTfES, CØHTAC::fB) .~ 1Më CHNllØE: Bø&P~ ·PamøIa· UdicIt, AI VMd......n, """'~,'8Ik"'~ "':Phtøu. "';G1orIa"',,~~ ¡IMPL1iM&NTMTON&'FIit'S·~.eaêJì·....~.·wfIh· ..'.,. Y,. at NlA} V··~ ~ $:"'.nt .'Øté~'ðfthèe*Ul1gšJJ'etffr)$J\t 1( ~~~·rš.ln¡taöt.l!I~ or~tQ,tfW¡~$dØþe 'f' Oh....I$~g·~tn.. ....\n. cønaføtefìt'Wf(tt t".~ Y 1"he~riátepWCt.'''.·be1m ~·,..ârdtng 'the. dh~ yp~·price$.f_aM·~_,,.,fft..~· art ~1&' . æL~~= ø/,'¡ò4: MW 1," D14 f i , i At ·wns OOMMSNt'9:, Cl;'tanoe OItder~ sddœâsM..~ in soe.oifiœtkms.. øwStmenia'ÎA cwantift8$'.and ~. œstS8\li~~ ,Revised .9/14lØ4 A : '{I'. ". , ¿~ . .';" . " ..,. ..' . (,,. . . f'.' r) . . If.w ' '... l.!;~ 't! A It-,i: '),;.: ,::~:,,;:;.~~:;'~~ .~~:i,.~·¡¡<:~,~·~.r t:f~.{;~~·.:.., . p(Sß 1 ~ . .~". , ~. {1 .. ~ft., ..~ ,.~,~~'~.,.4;:~,.';;; ;..~ ...: / . .-r{ ""·1.i'_~ -~~~?,;~ ..:f',:f.iÚj!.~!'" ~·"¥:"·I·:'':'·;~'·J;;t~.~~-J '...:,..-......:.~ ""~~.. "}·,.,,;.,:~~~~,,.,,~~,':;~·~;,':.'~i~~';,~,:\. i'r.;,,; ~~~..:~~~~,.,.'.~, ,,' ~~L'~'I;¡ù~~é~h;;.,;;/, . /I Agenda Item No.()6E1 January 25~905 ' Page 15 of 50 CONTRACT MODIFICATION CHECKUSTFORM PROJECT NAME: Uvlngston Road (Immokalee - County Une) landscape Improvement project Project No. 850413, Bid award 04-3655 PROJECT #: 313-183673-763310-850413 (p. O. t45OO031637) BIDlRFP I#: 040;3655 MOD #: 1 AMOUNT Of THIS CHANGE 1-$56.299.65) PO #: .4500031637 Work Order#:_N/A RECEIVED CONTRACT AMOUNT: ORIGINAL $ 907.201.90 CURRENT $ 850.902.25 (STARTING POINT) (INCLUDING THIS ClWtGEORDER) Dee 3 2004 Last BeC Approved Amount $ 907.201.90 · '- " (LAST TOTAL AMT. REQURNG BCC APPROVAL) Date of Last BCe Approval_ May 25,2004 Agenda item # 1§::Ig , '- . " . . ...... . . , , . I :' , .. ~.. '" , ~ , . . ' - ., ^ . t ~ , ~ . .} .' .',' - $--1:$56.299.65) , & ,,;( I ,z;:rc Percentage of the change owrIundercumtnt contract amount -,6~:»-funder1% Formula: (Current Amooot flast Bce approved amount)-1 Resutts and Actions: If the exceeds 10% 'BCC a rovaIls Purchasin r CURRENT COMPLETION DATE (S):ORlGlNAL: 120 CURRENT: 168 SUMMARY OF PROPOSED CHANGE (S): (1) lmaation Water Source: The project was originally designed for use of pump and weD configuration for the water source on 3 of the irrigation systems. South Florida Water Management District (SFWMD) had originally provided Information during design review that the permitting of the proposed wells for the project would be possible. However, after the bid was awarded SFWMD had notified project managers Pam Lullch and Darryl Richard. that thewelllocatJons could not be permitted for drilling deep weOs. There had been a change In SFWMD policy prior to the award of the contract with Hannula Landscaping. As a result of the non-perrnittable well locations, the project was reviewed for alternate water sources and redesign. It was detennined that effluent was not available for use with the exception of one of the five systems (near ImmokaJee Rd. Effluent Is available). Potable water connections were recommended for the 4 sources to the North of ImmokaleeRoad. (2) TUtino Ooerations In Ueu of So" Excavation: The proposal by Hannula for Tilling of the project versus excavation was 8cceptød 8S a, cost savings to the County. This SpecifIC change does not warrant an extension In contract time. This change resulted in a redesign for potable water taps (48 days delay due to design time and review of design). Also, there is a credit (savings) in cost due to the deletion of the wetls. JUSTIFICATION FOR CHANGE (S): (1) Irriaation Water Source: The proposed 3 wells were not approved for permIt by SFWMD. The altemative potable water source redesign was necessary to provide water to the plant materials in the pro~. (2) Tillina Ooerations in Lieu of Soil Excavation: The tißing operations result in savings to the County. Revised 9/14/04 ~ ~ ,t \~;~/¡fi )ñ- '~;;,.: ,..,... '.._~ . ...~."' :,:,.., ,"", Agenda Item ~ 16E1 J¡:muary ~20Q.5., .._f'ªge 16 of 50 -. PARTIES CONTACTED REGARDING THE CHANGE: Bob Peterson, Pamela LUlich, AI Vandern1Ualen, Darryl Richard, Mike McOee, DI..... Flagg, and Gloria Herrera. IMPLEMENTATION STEPS (Verify each before proceeding with changeuslno Y, N or NJA) Y Proposed change is consistent wJth the scope of the existing agreemerrt Y Proposed change is in fact an addition or deletion to the existing scope Y Change is being implemented In a manner consistent with·the existing agreement Y The appropriatel parties have been consulted . regarding the change Y Proposed prices, fees and costs set forth in the change are reasonable PROJ. E.C. T M~MENDAlION: APPROVE: DISAPPROVE: Date: "De.(.,3) )..OØJ\- Date: COMMENTS: ChanGe Order #1 addresses chances in soeciflC8tions. adiustments in auantities. and resultina cost savinas. RECEIVED DEC - 3 2004 rauporta pe . ATM :t. Revised 9114104 2-/[Í -'>-,"~---,,"_... . Agenda Item No, 1(i}f:1 January 25, 2db5 Page 17 of 50 CONTRACT MODIFICA TION CHECKLIST FORM PROJECT NAME: Port au Prince Utility Replacement Prolect PROJECT #: 73060 BIDIRFP #: 02-3367 MOD #: L. _AMOUNT OF THIS CHANGE (DEDUCT) $" (66,020.00) PO #: 206168 Work Order #: CONTRACT AMOUNT: ORIGINAL $ 985',620 CURRENT $ 930,391.72 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) last BCC Approved Amount $ 990,270 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval BCC ADril 22. 2003 Agenda Item # 16 (C ) 2 Percentage of the change over/under current contract amount Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the chan e exceeds 10% BCC ap roval is required; under 10% reported to BCC on Purchasin re ort. .... . . '. ~'. . ':',._ ~[ '" ,,' (6.50) % /55/doJi r3R ~,&,;.. .'..·'.··.1 ".... ¡',',' "'['-':"M~:~(·1~·~ ~:. ,'. t. ~)'>~), c-:~:., .... ·',;',,"'.',t..~, ~+.~....: ¡;~.": I, ""') f!:':yo', '/~:. :: :~., ,.,'~ ~...)' / L'",'" ...' c, ;,1 t - .~ .~~;-~ ,r.·',;: ~~'~~~~~~ 1: 7:1:y1;: 1~~r'; r';~ì' , '. L ';. :d. C'. ~}"? ~~'.'~ ~^.. ¡;~".._"'. J;',' '.~;' ~',--:.'. ~"I~: ',":; ,.~Iif ',~"":;": l,¿~ 1~.',;.~,~il"·:, ~:.'¡", ï~;·.··. ~,". ~~iñ~~,;,~.'._l:~: CURRENT COMPLETION DATE (S):ORIGINAL: February 26,2003 CURRENT: June 17, 2004 SUMMARY OF PROPOSED CHANGE (S): This chance order is a final resolution of the Quantities for this contract. There is also additional time to comDlete the work related to removal of the seDtic tanks aDDroved under Chanqe Order 4. JUSTIFICATION FOR CHANGE (S): To close out Droiect PARTIES CONTACTED REGARDING THE CHANGE: Craiq Paier (Wilson Miller). Joe Cheatham. Paul Mattausch. Bill Mullin IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) ..:i Proposed change is consistent with the scope of the existing agreement ...::L. Proposed change is in fact an addition or deletion to the existing scope ..:i Change is being implemented in a manner consistent with the existing agreement ...::L. The appropriate parties have been consulted regarding the change ...::L. Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: APPROVE: \1~ ~ DISAPPROVE: Date: \ ~ -Co - Ol...{ Date: COMMENTS: Revised 9/14/04 , ,'1 \ ' \. ,to I,¡¡: \' " .~, "'W\>;! 'ij"'V' _,","""",..4'~"·''''''''',,,H.'''' Agenda ItdNo. 16E1 JanueJrý 25, 2Q05 Page 18 of 50 '-, CONTRACT MODIFrCA TrON CHECKLIST FORM PROJECT NAME: SCWRF Iniection Well PROJECT #: 73154 BID/RFP #: 01-3193 MOD #: L .AMOUNT OF THIS CHANGE $ 0.00 PO #: 4500010375 Work Order #: Task Order 4 CONTRACT AMOUNT: ORIGINAL $ 2.775.780 (STARTING POINT) CURRENT $ 2.820.780 (INCLUDING THIS CHANGE ORDER) last BCC Approved Amount $ 2.7.75.?180 (LAST TOTAL AMT. REQUIRING Bee APPROVAL) Date of Last BCC Approval 6/25/01 Agenda Item # 16 (C ) 1 ~~''''~~~~~-.' .,.... Percentage of the change over/under current contract amount ....un % I/¡?J. % ß¡¿ Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the chan e exceeds 10% BCC a proval is re uired; under 10% re orted to BCC on Purehasi~ reE0rt. CURRENT COMPLETION DATE (S}:ORIGINAl: October 31.2004 CURRENT: ADril 29, 2004 SUMMARY OF PROPOSED CHANGE (8): This chance order is for additional contract time. JU8TIFICA TION FOR CHANGE (S): The additional time is related to delavs durina the Hurricane season and a Work Directive for monitorina well recairs. This well is necessary for both the existina and new injection well. PARTIES CONTACTED REGARDING THE CHANGE: Clifford PeoDer. (consultant). Joe Cheatham. Bill Mullin. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor N/A) -::L Proposed change is consistent with the scope of the existing agreement L Proposed change is in fact an addition or deletion to the existing scope -::L Change is being implemented in a manner consistent with the existing agreement ..::L The appropriate parties have been consulted regarding the change ..::L Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: APPROVE: DISAPPROVE: :OMMENTS: Date: Date: r9- -\$ - ð y Revised 9/14/04 Agenda Item No. 16E1 Janu~~ 25, 2005 P$ge 19 of 50 ¿Æ~ lJb-.L17f CON'I'RACT IIODlFICA11ON CHECICU8T FORM PROJECT NAME: NOWRF expanalon to 24.1 MGC PROJECT': 7S86O BIDlRFP€ NI~ MOD': 01-01 AMOUNT OF THIS CHANGE $0,00 PO t; 4500001178 WOlfe Order': NlA CONTRACT AMOUNT: ORIGINAL. ..882.888.00 CURRENT $8,"868.00.00 . (8T"'" POrNO (1NCU1D1*111I8 CHANIIII ORDI!II) LuI BCC ApproV8d Amount S8,-,868.00 . (LMTTDrAL AIIT.JEQUIJING IICC APPROVAL) Date of Lut ace Approval:11f27J01 Agendllll8m t:10D Per_I. of the change over/under current ØOlltraat amount: 0.00% Formula: (Current Amount I Last see approved amount)-1 Reeu1t8 and ActIons: If 1M chang. exoeedl 10% BOO approval I' required; under 10% reported to BCC on Purahaslng røport. . CURRI!NT COMPLE110N DATe (I): ORIGINAL: 01101/OS CURRENT: 08IS0I08 SUMIlARYOF PROPOSED CHANGE (8): This Dhange order II to acid Ume to Task No. 712 (StIØ Revolving Fund Loan M8I1agøment) of the IbOVeoreflllW1D8d pra)eot. TIIk 712 fncludle ftnanolal management .-viceI required to ...IM the county WIth regards to MeUm; thl Iœn and fuIflIllng reporting and documentation dutle$ under the terms of the loan. JUSTlFlCA110N FOR CHANGE (I) A Sta1e Aewlvlng Fund (SRF) loan was IIOUI"Id by 1M County for the projeot'a first ÞId pICkage, whlOh røpr8lented approxlm"ly 40%' of 'Ih8 projeot's owran englnMl'lng/conatruction cœt. SubeequentJy, CoLl'rty manlQ8rnlilrtt døtørmlnecl that SAF Iaana ... the mOllt COIJHIIf8oIIv8 way to flnanc. the l"II'nalnlng Ihrøø bid PIC!cIgeI, WhICh reprøents the nwnalnng 80% or· the praJect'1 total englneerlngloonstructlon coat. &.NIcIe 10 olaae out the 8AF Ioana for the remaining bid peOklG" are proJectecI to be requlr8d through SUmmer of Yur 2008. Aa auch, !hll ChIngø Order extends the completion date tor Tillie 712 under Amendmlnt No.8 to AugUBt S1, 2008. This Change Order lncIudIa no IdJUltment of 1hø oontraoI amount. PARTIes CONTACTED REGARDING THE CHANGE: ;caünt:vf~QI'àt:rl&an~ Revf88d 8122103 Agenda Item N116E1 January ,~05 Page of 50 -, . . ~LEllIIHTATlON 8TEP8 (Verify -=h "'ora prøceedlng with chMge UIIIng Y, Nor NJA) æ chang. II coneIItn wiIh the ecape of the exIetIng IIgrwement change II In flet In addition or d8l8t1an to the existing ICIOP8 ~ge 1& being npllmtntec:lln . manner conalDnt with thl exIItInglQl'Mn*rt ~ approprta. pettIee have been oonauÞd nagatdnQ ft. oMnQl . _ PrDpaøed prIceI, feu and C08I8 .. fonh In 11'18 change are I8IÙIOnaÞle PRGJECT MANAGER RI!~~1}9~: RECOMMEND: ~ DO NOT RECOMMEND:. . COMMENTS: Date: r....J. ð 10 9- Date: ~ ReviMd 8/22103 ...,.;..'~~.; , Agenda Item No. 16E1 ,. "":"~':':;'~,r~':~ "":'. ,".;->;¡-: ~':~' . .",' .... 'i-':- ...,.." .:;;;;,:,.....'...;".......,"'. ..d}inþì.:r..?,5! 2~g5 . . . '.... ~..~. ;_.~ ·~'~E2~?:.·. ".:'" , . .'a~~ o' . . .:: .'~~. .~ f .~. ,\.,.., . i.:- ';'1:, '.f' ." ~,., . . ,,' , ~....., -"';:"~" ,~'.. . - - . ~.- ,...,..---_., ~'-;.::.:.I'~~' 1. :. 0" ...l.';' .... t" CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: All'DÓrt Púllina Road North median landscape installation imørovement Droiect PROJECT #:.. .112-163652-620314 ~OUNT OF THIS CHANGE ~ ~. B~D COØ'TJW;T AMOUNT: ORIGINAL $ 464. f86.97 CURRENT $. 50U49.97 ::!C 1 .' 2DIJ; (STARTING POINT) (INCLUDING THIS CHANGE ORDER) · '4IfJSPo . Last BeC Approved Amount $; 464. f86Jì7 . ~';,~-I"" ~n (USTTOnL AIIT. REQUIRING ICC APPROVAL) ......-- vrces DMs100 OaœofLast BCCApproval ,AøñI13. 2004 Agenda Item # 16811 BlD/RFP #: f04.3627 MOD f#: 2 PO #: 4500028586 Work Order tk . ..... ,', ..... ,,' "_,,, . . ' ., ,_. '''''.,' . ...., ~_, " . ..,' , '. .' ..w ,.,..... ,,; '''' " . . .. ,' _. L (J.. I ~ . ..,! ~¡! ~- t ';' ~ Perce,.. of the change overlì.lndef current contract amount 9.17 ForímíIa: (Current Amount , Last ace approwd amou~)--1 Results and ActionS:.1f ~_~ . Ø)(~10% BCC:a P~rçh~si . It $ 42.5AOO % CURRENT COMPlETION DATE (S):ORfGINAL: 140 CURRENT: 201 . SUMMARY OF PROPOSED CHANGE (8): ThiS chanae orderaddfesses the standina. water in Medians 11. 12. and 13. The standim.watef'condiijon had been observed duma. ¡~ on November 30. 2004. It was determil"led that I1e $Oil conditions did nôt afJow for oDtimum oercoJation durina extended Oériods. of either ørecjoitatåon or itridation water 8DÞlication. InstallØtlon of the 34 dralnaoe structures was recommeridedto enhance the drainaae of 'the ofanted areas in the Medians #11. #12. and #13. JUSTlFlCA11ONfO.R CHANGE (S):' This method of Rm10VaI of standing water has been successfulfv .utilized on Landscaoe Protects. The Installation 9fthe .DFain-Ho1e structures1s ["tended to 6phance. the inflltr3tion of 'Surføce Water' into the subsUrface droundwatér swtem. The existina curbiná Dt'öhibitS s.uñ8ce water flow from Dtanted areas. which results in soD saturation andIor,'standlna water': TheM drain~hOle instaflations win aReviate the current standina, watercönd'rtion. pARTIES CONTACTED REGARDING THE CHANGE: Bob Petel'SOf1, Pamela lillich, AI Vandermuel&n, Darryl RJchant, Gail ·Boorman. D1ane Flagg. and Gloria Herrera. IMPLEMENTADONSTePS (VertIÿ each before proceeding with change using Y, N or NIA) Y Proposed change is consistent with the scope of the existing agre-ement y Pröposed change is in fact an addition or deletion to the existing scope Y Change is being impiemented jn a maMeC' COt1slstent With the existing agreement ,y The appropriate parties have been consulted regarding the change Yroposed price$, fees and costs set forth in tf1e·ohange are reasonable PRo .. TM~ANAG~R...' COMMENDATION: APPRO: _ ~f~ D1SAPPRO : Date::;¡;¿eei'l1 ~&-. Î ).uo+ Date: ' COMMENTS: Chanoe Order #2. addresse$ thè standina water condition observed on 0r0lect site. "d_,' ,~. Jú. ,) I ;-', L -trio. , Revised 9/14/04 ¡:~~~~â~"'::",,;<·,·~~~--..:.-~_~___...~_ ... ___.____,._.. .' .".,.,....~~~,;.. DEC-14-20Ø4 09:48 COLL IER CO PRK Agenda Item Ncf.' ~ 1 Janu\3rf}25, 2005 P~22 of 50 , , CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Conetructlon Management at Risk for North Nap'. Regional Park PROJECT ':80802 IIDIRFP It: 01-3189 MOD #:2 AMOUNT OF THJS CHANGE (-'1.172,858.88) PO ## 4500037217 CONTRACT AMOUNT: ORIGINAL '58,802,845 CURRENT 148,&83,477.11 ' (lTNmNG POINT) (INCLUDING THII CHANG. OJIIDaR) Last BCC ApprOVed Amount 853,802,845 (L.AlTTOTAL AMT. REQUIRING Ice AP""OVAL) DOl of Last Bee ApprovaJ 9/2112004 Agenda Item ., 0 F A rl t~- , \\; '-J" Cumulative DOllar VII. Of Change Ordsr. to this ContractlWork Order: (-$4,108,21f1..S8) Percentage of the change over/under current contract amount - 7..63% Formula: (Current Amount I Laet SCC approved amount)-1 Results and Actions: If the change exoeeds 10% Bee approval Is required; under 10% reported to Bee on Purchasing report. For specific Information regarding work order thresholdsJ please ref.r to the Contract Administration Procedures. Seotion m.C.4 CURRENT COMPLETION DATE (S):ORIGINAL: 511012006 CURRENT: 511012006 SUMMARY OF PROPOSED CHANClE (S): This deductive Change Order 12 18 ...oelated with the Direct, Materlar. Purcha.. of material. directly from the project vendoll ot the North Napl.. Regional ParJc construction proJect. By deducting the direct coats 01 oertlln matllrial. from Kraft Construction'. purch... order and purcha.lng directly from the vendor, the County I. able tò .ave the 8% Florida Sales Tax on the purch.... In thle ca88. the savlnga on the $1,172,989.38 of purch_a squlIIs epproxlmately $88,000 In tlX aavlngs to the County. JUSTIFICATION FOR CHANGE (8): Exhibit 0 of the Contract .. out the procedure for executing tl1e. Direct MatllrI., Purch_ of good.. Thl. Chang. Order I. conslatent with the contl'8ct'. procedure end I. In concert with the County'. policy of Sale8 Tax I.vlngs thru direct purchase. PARTIES CONTACTED ReGARDING THE CHANGE: Parka and Recreation Director, Purchasing Contnlcts Agent. Clerks FInance Department Special proJ.-ct Coordinator IMPLEMENTAnON STEPS (Verify each before proceeding with change u81ng V, N or NJA) Y Proposed change Is consistent with the scope of the existing agreement Y Proposed change Is In fact an addition or deletion to the existing soope Y Change Is being implemented In a manner oonsistent with the existing agreement Y The appropriate parties have been consulted regardIng the ohange Y Proposed prloes, fees and costa set forth In the ohange are reasonable -PROJECTMANAQE~~~N~ ~PR~V~ Deta~(C ~ Dais: 12/1412004 ~ ~~ H VE: Date: Revised 9/14104 .. Agenda IteiNO. 16E1 Janu 25,2005 P e 23 of 50" . . ---~- . ....."..-. ._._-~...__.,-" ~. ...".-.:.0..._ ..,...,r.:;....'"'.__~ . CONTRACT MODIFICATION CHECKUSTFO~M ... PROJECT NAME: Livingston Road (Radio Road - Pine Rid.- Road)' .landscaoe construction ImÞtovemem ørol8ctProIect Nc.600714. Bid Award 04-3651 - VALUE ENGINEERING CONTRACT PROJECT #: 112-163f)52;.7'63310..ø0071~ (PO #: 4500032671) 2 AMOUNT OF THIS CHANGE $(-1t814.00} BIDlRFP #: #04-3651 MOO ':' PO #: 4500032671 Work Order#:~NIA C()ftf'TRACT AMOUNT: ORIGiNAL $ ,*.892..04 CURRENT $ 1.029.853.01 (STMnNG POIN1J (INCLUDING 'THIS CHANGE ORDER) Last ace Approved Amount $ 989JJ92.D4 fLMTTOTALMT. REQUIRING BCC APPROYAL) Date of LastBCC Approval JUNE 8. 2004 Agenda Item # 168-20. "', ~ :::'..'~ '_ ~ - r '. I ~: 'f , I' ('.' ~ - . . - Perœtdage of the change CMII'Iundet cumtnt COI.tract amount 4~04 Fonntdä:: (Current Amount I Last BCC âpproved amoút'it)-1 Results and AcIions~ffthf)¡. çh, exceeds. fO% BCC.a Purchas . re . $ 3ØJJ6D.97 % CURRENT COMPLET10N DATE (S)10R1GINAL: 120 . CURRENT: 162 SUMMARVOF PROPOSED CHANGE (S): The chanae Is 8 chance in soeclfication of Three (3) Hoover 7.5 HP DUI11D6 to . Three (3) 5 HP oumøs. One 5 HP DUmD wftl' be Sinale Phase and Two 5 HP DumD wftJ be Three Phase ÞOWØr' sOéCification.· JUSTIFICATION FOR CHANGE (~r. The chena& Is œcommended as·.s cost sa\ÍÎnaSbased on reviSed irriaation DIans base on nwofIt from 2-wir& Irriøatlon SYStem to MU1ti..wtre irriaation. PARTIES CONTACTED REGARDING THE CKANGE: Bob Peterson, Pamela LuIic:h. AJ· Vandermuelen, DaI'r)4 ruchard, Mike McGee, Diane Ragg. and Gloria Henwa. IMPLEMENTATION STEPS (Verify each before proceedin.9 with change using Y. N or NlA) y .Proposed change is consistent with the scope Of the existing agreement YProþoSed éharIge is in fad sri addition Or deletion to the eXisting scope Y Change is beil'lQ. imp1$mented in a manner consistent with the exiSting agreement Y The appropriate parties have been consulted regaraing the changé' Y Proposed prices. fees and costs set fOt1tr in the change are reasonable PROJEC....T.IIIAH. . AGEE~T1ON: . # I . APPROVE! ~_ ~ftt. ~~ Date: 1_1/..-"1- DISAPPROVÊ:, Date: COMMENTS: Chance Order #2 addresses chanaes in soecification at a· cost savincs to the Countv. Revised 9/14/04 . YrL' " . '.'~JÍ..",~.i" ". ~.' ", ., "....,¡¡¡jj\fAìß:;;r,¡¡¡",~ Agenda It1NO. 16E1 Jaml 25, 2005 _ P e 24 of 50 - - CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Golden O. Parkwav Section A & ~ PROJECT #: 80021 BID/RFP #: Ø3-3&-'Z MOD #: 04 PO #: 48000'83" Work Order': CONTRACT AMOUNT: ORIGINAL $ --1...8".111.88 (STÃiiilG OINT) Last BCC Approved Amount' N/A (LAST TOTAL AMT. REQUIRING sec APPROVAL) Date of last BCC Approval NIA Agend8 Item # N/A Cumulative Dollar Value of Change Orde,. to this ContractlWork Order: S 82.408.48 ,,/ . ~ Percentage of the change overlunder current contract amount ..MI/I( ¡, {) 5" % Formula: {Current Amount 1 Last BCe approved amount)-1 Results and Actions: If the change exceeds 10% Bee approval Is required; under 10% reported to BCe on Purchasing report. For specJflc Infonnatlon regarding work order thresholds, please refer to the Contract Administration Procedures, Section lII.e.4 AMOUNTOF THIS CHANGE' 331117.89 Ôí 9f~, 71,(. .17 *' CURRENT' ~ 111 W/ 'It (1NCLUDING THIS CHANG 0 R) 54o"f ¡. CURRENT COMPLETION DATE (S):ORlGINAL: Januarv 19.2004 CURRENT: Februarv 20.2004 SUMMARY OF PROPOSED CHANGE (S): Construct new turn lam~ for soutJ'1 bound ~"t turn f~m Santa Barbara Boulevard on to GQ~en Gate Parkwav. htmdrall. Value Enain.eriva SaviJ)os. _ _ JUSTIFICATION FOR CHANGE (S):Add II turn lane at the Intersection of S,nta Barbara J50ulevard and Golden Gate Partwav. Handrail Price q"anae. Value Enalneertna. Value Enãlne~rina ;s ~r ;d;~ 4-3.9.7 of the Standard Soecifications thev will share 50% of the savinas. PARTIES CONTACTED REGARDING THE CHANGE: Reviewed and aDDrovod bv Lvnn Thome. P.E.. Prlncloal Proiect Manaaer. T.E.C.M. and Eddie Martin. Enaineerin,ø ",sDeetor/Proiect Manaa.r: CQllí~r County. T.E.C.M. IMPLEMENTATION STEPS (Verify each befo... proceeding with change ualng Y. N or NlA) ..::L Proposed change Is consistent with the scope of the existing agreement .::L. Proposed change is In fact an addition or deletion to the existing scope ...::L Change is being Implemented In a manner consistent with the existing agreement .::L. The appropriate parties have been consulted regarding the change ....:L.Proposed prices, fees and costs set forth In the change are reasonable PROJECT MANAGER RECOMMENDATION: APPROVE: &~ ~~ DISAPPROVE: COMMENTS: Date: Date: / 2 ~2/-" c../. Revised 9/14/04 -"'.----<.-.,.-. Agenda Item No. 16E1 Jan~~}iY 25, 2005 \,äge 25 of 50 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Courthouse Annex & Parking Garage PROJECT #: 52533/52010 BID/RFP #: 00. 31Z 1MOD #: 6 AMOUNT OF THIS CHANGE $0 PO #: AI ¿4 Work Order . / CONTRACT AMOUNT: ORIGINAL $195,600 CURRENT $1,766,388 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $1,766,388 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) 1,571,355 Percentage of the change over/under current contract amount ( Does not apply) Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the chan e exceeds 10% BCC a roval is re uired; under 10% re orted to BCC on Purchasin re ort. CURRENT COMPLETION DATE (S):ORIGINAL: CURRENT: SUMMARY OF PROPOSED CHANGE (S): To add new staff positions to Standard BillinQ Rate schedule thé were not listed in the oriClinal Contract. JUSTIFICATION FOR CHANGE (S): Requested by Finance PARTIES CONTACTED REGARDING THE CHANGE: Jack CroClnale. Linda Jackson. Bonnie Zinn 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 3_ Proposed change is in fact an addition or deletion to the existing scope _ Y _ Change is being implemented in a manner consistent with the existing agreement 3_ The appropriate parties have been consulted regarding the change 3_ Proposed prices, fees and costs set forth in the change are reasonable COMM Date: /.2;/; 7 fC' t' Date: 7 Revised 9/14/04 Agenda Item No. 16E1 Jan~ 25, 2005 ~ge 26 oJ 50 CONTRACT MODIFICATION CHECKUSTFORM PROJECT NAME: Napl.. Jail PROJECT #: 52001 BIDIRFP t#: 98-2828MOD .: 30 AMOUNT OF THIS CHANGE $-188,082.83 PO #: 4500012308 Work Order .: CONTRACT AMOUNT: ORIGINAL $ 34.402,178.00 CURRENT $28,515,482.83 (lTAlmNG POIII') (INCLUDING THill CHANGE ORDER) Last BCC Approved Amount $29.914.672.14 (LAST TOTAL AMY. ReQUIRING Bce APPROVAL) Deta of Last BCC Approval 2110104 Agenda Item # 10-B Cu,"~I.-ve:OQlràr Vålue'of Chan.-. O.rd.rà·~ th'.' Con~actlWórk ~rdet: $(4,888.883.37) Percentage of the chang. over/under current contract amount -1.33 % Formula: (Current Amount 1 Last Bee approved amount)-1 Results and Actions: If ~~ change, exœe~~ 10%, ~ce approval i~ r~qu~red; un~e~ 1~% repo~d to BCe c;m Purchasing, report. F9r sP,ectflc Information" regarding work 'qrder '~tesholds 'þlease refer fu the Çolitract Adminls~1i Procedures; Seètfon QI.C.4 CURRENT COMPLETION DATE {S):ORlGINAL :8/13105 CURRENT 8/13/05 SUMMARY OF PROPOSED CHANGE (S): Incre... Direct Material Purchas. Order for Hughes Supply. > JUSTIFICATION FOR CHANGE (8): Fixture. & Ace_orles to Include 3ra Floor. PARTIES CONTACTED REGARDING THE CHANGE: Jack Crognale, Skip Camp IMPLEMENTATION STEPS (Verify .ach before proceeding with change using Y, N or N/A) _ Y _ Proposed change is consistent with the scope of the existing agreement _V_Proposed change Is In fact an addition or deletion to the existing scope _ Y _ Change is being Implemented In a manner consistent wfth the existing agreement _ Y _ The appropriate parties have been consulted regarding the change _ V'- Proposed prices. fees and costs set forth In the change are reasonable PROJECT MANAGER RECOMMENDATION: Date: Date: /.:z.Þ4 /~ , , Revised 9/14/04 Agenda Ite~o. 16E 1 Januf 25, 2005 P<\ 27 of 50 CONTRACT MODIFICATION - CHECKLIST FORM PROJECT NAME: Naple. Jail PROJECT #: 52008 BIDIRFP #: .8-2828MOD #I: 31 AMOUNT OF THIS CHANGE' $-90,000.00 PO tt: 4500012306 Work Order #: CONTRACT AMOUNT: ORIGINAL $ 34,402,178.00 CURRENT $29,425,482.63 (lTAltTlNG POIN1) (INQ.UDING THas CHANGE ORDER) Last BCe Approved Amount $29.914.672. 14 (LAST 10TAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval 2/10104 Agenda Item # 10-B Cumulatl.ve··I;)ÒIlar: yidue Öf Ch~~Cle: Orde...· to' this Cont1øCtJWø· Qrder:·· $(4,876,883.37 .tll.~ßI!- Percentage of the change over/under current contract amount ..1.64 % Formula: (CUlT8nt Amount I Last Bce approved amount)-1 Results and Actions: If~e change e~ceeds 10% BCe ~pprovalls req~I~; under.10~.~po~.~ ~ec on Purchasing report. For.. speclflç·lnformation· .regardlng wo~ Order th~holds.· please r,efer to the Contract . . I .... Adr:nir:¡ìsntlori ProœdUl'9S, SectJon·III.C.4 CURRENT COMPLETION DATE (S):ORlGINAL :6113/05 CURRENT 6/13/05 SUMMARY OF PROPOSED CHANGE (8): Delete Ilftstatlon refurbishment JUSTIFICATION FOR CHANGE (8): Collier Country Facilities Management Is redesigning under a different contract. PARTIES CONTACTED REGARDING THE CHANGE: Jack Cragna.., Skip Camp IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) _ Y _ Proposed change Is consistent with the scope of the existing agreement _ Y _ Proposed change Is In fact an addition or deletion to the existing scope _ Y _ Change is being Implemented In a manner consistent with the existing agreement _ Y _ The appropriate parDes have been consulted regarding the change _ Y _ Proposed prices. fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: Date: L2.1,..L/~. Date: --r-? Revised 9/14/04 Agenda Itellf ~. 16£r:1 Januartf 25, 2005 Page 28 of 50 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Naples Jail Center PROJECT #: 52008 BID/RFP #: 98-2867~~6If MOD #: l..AMOUNT OF THIS CHANGE $6,000.00 PO #: 4500023475 Work Order CONTRACT AMOUNT: ORIGINAL $ 845,419.00 CURRENT $851,419.00 (STARnNG POINT) ,~(INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $1,78i,iiS 1".t./Sít.J 1'7 -'T (LAST TOTAL AMT. REQUIRING BCC APPROVAL) . ,000.00 Percentage of the change over/under current contract amount 0.71 Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the chan e exceeds 10% BCC a roval is re uired; under 10% re orted to BCC on Purchasin re ort. e.:· ,., al'Jo.'" CURRENT COMPLETION DATE (S):ORIGINAL: 1/2006 CURRENT: 1/2006 - SUMMARY OF PROPOSED CHANGE (S): Additional services to provide Construction Documents for the addition of a dry chemical fire protection system in 2 Communication rooms and the Security Ecuipment room. JUSTIFICATION FOR CHANGE (S): Owner Requested PARTIES CONTACTED REGARDING THE CHANGE: Jack Crocnale. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor N/A) _ Y _ Proposed change is consistent with the scope of the existing agreement ..::I _ Proposed change is in fact an addition or deletion to the existing scope _ Y _ Change is being implemented in a manner consistent with the existing agreement ..::1_ The appropriate parties have been consulted regarding the change .3_ Proposed prices, fees and costs set forth in the change are reasonable Date: Date: /.2/ .4/ri- , / COMMEN' Revised 9/14/04 . ._.-------,~~ Agenda Ittrß No. 16E 1 Jan~ 25, 2005 Page 29 of 50 CONTRACT MODIFICATION. CHECKL-IST FORM PROJECT NAME: Naples Jail Center PROJECT #: 52008 BID/RFP #: 98.2867-JI»~MOD #: .:LAMOUNT OF THIS CHANGE $3,500.00 PO #: 4500023475 Work Order CONTRACT AMOUNT: ORIGINAL $ 845,419.00 CURRENT $854,919.00 (STARTING POINT) I / ~_ (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $1,766,386 ?'/5""t '('¡if Tr (LAST TOTAL AMT. REQUIRING BCC APPROVAL) ,500.00 Percentage of the change over/under current contract amount 1.12 Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the chan e exceeds 10% BCC a roval is re uired; under 10% re orted to BCC on Purchasin re ort. CURRENT COMPLETION DATE (S):ORIGINAL: 1/2006 CURRENT:112006 SUMMARY OF PROPOSED CHANGE (8): Additional Services to provide required chances relative to thF SOP in order to accommodate two new chillers near the North end of the Parkina Garaae. JUSTIFICATION FOR CHANGE (S): Owner Requested PARTIES CONTACTED REGARDING THE CHANGE: Jack Croanale, 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 3_ Proposed change is in fact an addition or deletion to the existing scope _ Y _ Change is being implemented in a manner consistent with the existing agreement 3_. The appropriate parties have been consulted regarding the change 3_ Proposed prices, fees and costs set forth in the change are reasonable Date: Date: /.z.,k jtJ+- ,. , COMM Revised 9/14/04 " Agenda Item No.-1lßE1 ' January 2Ø005 . Page 30 of 50 CONTRACT MODIFICATION CHECKUSTFORM PROJECT NAME: ComDreh.nslv. Pathwava Plan PROJECT #: , -Þ t6f2 BID/RFP.: 03-3188 MOD ':.1 AMOUNT OF THIS CHANGE S3.800 ~9~ ð. POt:4S00031465 Work Ord.r It: CONTRACT AMOUNT: ORIGINAL SII.IZLØO CURRENT S""UMW i IlJl, 'i7~. # (lfiIitiiiiliõiNT ~ THIS CHANCE ORDER) Last BCC Approved Amount S 99.976 (LAIT TOTAL AIIT. REQUIRING ace APPROVAL) Date of Last BCC Approval 2/2412004 Agenda Item #16 8 4 ¢1,9~Þ. {:Þ Cumulative Dollar Value of Change Ord.,. to this ContractlWork Order:~ Oot" Percentage of the cha..... over/under curntnt contract amount~ ,. '1D 97ofJ' Fonnula: (Current Amount I Last sec approved amount)-1 " Results and Actions: If the change exceeds 10% BeC approval Is required; under 10% reported to BeC on Purchasing report. For specific Information regarding work order thresholds, please refer to the Contract Administration Procedures, SectIon III.C.4 CURRENT COMPLETION DATE (S):ORIGlNAL: 1012004CURRENT: 612005 \ ~1.Ó'~ SUMMARY OF PROPOSED CHANGE (S): The requested revision vdll add $~ to the moiect cost and contract to cover SIIttttitional GIS anRlysis that must be conducted to ensure that the 8Ð9fOpriRM highway network is evaluated as part ofthi!l study (for potential on-road facilitie$). The cost is based on an estimated 32 hours of work that must be conducted. at a bi11able rate' of S6OIbr. This per-hour dollar amount is within the acce.ptable limits outlined in the contract. JUSTIFICATION FOR CHANGE (S): The cost is based on an e!dimSllted 32 hours of work that must ': conducted.. at a billable rate of S60Ihr. This Del-hour dollar SIImnnnt is within the acceotable limits outlined . the contract. Due to de~ys related to liMA collection.. the contract time must also be P.YtfllNted by six and o~ halfmontbs. The c()lÇl~on dAtI'! ofthiA contract will be extended to June 30. 2005. PARTIES CONTACTED REGARDING THE CHANGE: Beth Yan'7 Senior GIS Analvst. and Johnny LimhA1~¥h MPO Director. IMPLEMENTATION STEPS (Verify each befont proceeding with change ualng YI N or NIA) ..::L. Proposed change is consistent with the scope of the existing agreement ..::L. Proposed change Is In fact an addition or dekttion to the existing scope ..::L. Change is being inplemented in a manner consistent with the existing agnlel11ent ..::L The appropriate parties have been consulted regarding the change .::L Proposed prices, fees and costa set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: Revised 9/14/04 .' Ägen3~~~e~~~f-1~,§~·--- Page 31 or5o PROJECT M~_ GER RECOMMENDAT1GN: APPROVE: ~ DISAPPRO . J c, I COMMENTS: .1.... Date: Date: ,zj-l<1" Revised 9/14/04 Agenda Item No. 16E 1 January 25, 2005 I Page 32 of 50 '''-., CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Rookery Bay Force main and PS ImDrovements PROJECT#:.... 7 ~ J h-o BI D/RFP #: 02-3535 MOD #: 2 AMOUNT OF THIS CHANGE $2,979.25 PO #: 4500036297 Work Order #: UC -044 CONTRACT AMOUNT: ORIGINAL J 145.798.50 CURRENT $ 15.0..471.'15 - ~~ (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $N/A (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval N/A Agenda Item # N/A Percentage of the change over/under current contract amount J1.M4'To 31't " % Formula: (Current Amount / Last Bee approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; ~nder 10% reported to BCe on Purchasing report. C. L< W\ 1.<..1.:1\.-\ , ~a rnM- ~ itt) (p 7 q, ;;J.>-~ CURRENT COMPLETION DATE (S): ORIGINAL: Nov 23.2004 CURRENT: Nov 29. 2004 SUMMARY OF PROPOSED CHANGE (S): To install a carrier DiDe for 8" force main to offset the reauired seDaration between the water main and the storm sewer DiDe. JUSTIFICATION FOR CHANGE (S): After Contractor started diaaina they found that there is not enouoh seDaration between the water main, force main and the storm sewer DiDe in the trench. This situation can be resolved by installinc a carrier DiDe to the force main. This chance was not anticiDated at the onset. Funds are available in the budcet to cover this chanoe. This chance is dictated due to field conditions. PARTIES CONTACTED REGARDING THE CHANGE: Bill Mullin. PrinciDal Proiect Manacer IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor N/A) _x_ Proposed change is consistent with the scope of the existing agreement . _x_ Proposed change is in fact an addition or deletion to the existing scope _x_ Change is being implemented in a manner consistent with the existing agreement _x_ The appropriate parties have been consulted regarding the change _x_ Proposed prices, fees and costs set forth in the change are reasonable Ä~~~;~~:MA~~tM~DATION: Date: If(7.2-}o ~ DISAPPROVE: Date:· COMMENTS: Revised 8/22/03 Agenda Item No. 16E1 ;;" January 25, 2005 Page 33 of 50 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: South Regional Library PROJECT #: 54003 BID/RFP #: 01.3235 Annual MOD #: 1 AMOUNT OF THIS CHANGE $ 0_ PO #: Jf.Ç/;J(JV 3/ rr, '1 Work Order #:SS..Q2..()7 CONTRACT AMOUNT: ORIGINAL $18,619.00 CURRENT $18,619.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $ (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval Agenda Item # :/ ,.'~ 'L"'~\'ð~. _', _ "'"', L,~ . '-1' _~~..' -- "-',.',' ,'ø~" '~~~1"--:,.)'" ~lll·I~,....-, ~\,,~:J:~"\'t!''',...'''"'''' t; t.\".I}¡¡ ~-:t.¡¡.I\ :H:~¡~'~)rr-:r< '. -:.lll}:., 'I ~~-¡Jr r-t¡'~i~::J ~~ ~ "i:.' ""':'~I I~,( rJ!;.~~..,.l· llr !!;e--:!:_":}I{' j.\¡,.]rt" ('~~"'1\1.:' l....}-'....;;..c#f¡, ~ ........ _,~, ~'" _. ~...." ~... ....,. 'f _. _.... ~f.:. ...-h,...-.- ... ,_ ,,10 ,''"''''~ .....,..r;.. ...-....... .'" -- >-'" ~ ~...-~~., Percentage of the change over/under current contract amount Formula: (Current Amount I Last BCe approved amount)-1 Results and Actions: If the chan e exceeds 10% BCC a roval is re Purchasin re ort. ". . o % CURRENT COMPLETION DATE (S):ORIGINAL: Seotember 20. 2004CURRENT: December 20.2004 SUMMARY OF PROPOSED CHANGE (S): Work Order has expired and the chanoe order is for an extensiol in Calendar days for comoletion. JUSTIFICATION FOR CHANGE (S): Per Finance PARTIES CONTACTED RE~ARDING THE CHANGE: Jack Croonale. Gary Krueoer IMPLEMENTATION STEPS (Verify each before proceeding with change using V, N or N/A) _ Y _ Proposed change is consistent with the scope of the existing agreement _ Y _ Proposed change is in fact an addition or deletion to the existing scope _ Y Change is being implemented in a manner consistent with the existing agreement _ Y _ The appropriate parties have been consulted regarding the change . _ Y _ Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANA,GER RECOMMENDATION: APPROVE: ! ~ DISAPPRo/1": COMM~: Date: 111¿r/~ Date: Revised 9/14/04 Agenda Item No. 16E 1 3 January 25,2005 Page 34 of 50 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Re desian Sewer PROJECT #: 52008 BID/RFP #: OlJ2'ló MOD #: 1 AMOUNT OF THIS CHANGE $0 POt: Work Order #: ABB FT ..04..08 CONTRACT AMOUNT: ORIGINAL $15,820.00 CURRENT $15,820.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $ (LAST TOTAl AMT. REQUIRING BCC APPROVAl) Date of Last BCC Approval Agenda Item # Percentage of the change over/under current contract amount 0 % Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the chan e exceeds 10% BCC a roval is re uired; under 10% re orted to BCC on Purchasin re ort. -ÇURRENT COMPLETION DATE (S):ORlGINAL: CURRENT: SUMMARY OF PROPOSED CHANGE (S): Amount of days entered were not correct. JUSTIFICATION FOR CHANGE (S): Project Manager requested PARTIES CONTACTED REGARDING THE CHANGE: Jack Croanale. Lisa Elliott (Finance) IMPLEMENTATION STEPS (Verify each before proceeding with change using V, N or N/A) _ Y _ Proposed change is consistent with the scope of the existing agreement ...y_ Proposed change is in fact an addition or deletion to the existing scope _ Y _ Change is being implemented in a manner consistent with the existing agreement ...y_ The appropriate parties have been consulted regarding the change ...y_ Proposed prices, fees and costs set forth in the change are reasonable PR¡ECT MANAGER RECOMMENDATION: AP R ,~Þ ~ nÞ-/ 01 APPR : COMMENTS: Date: Date: ,-, Revised 9/14/04 ~'------"--'-"'-'--'-- ....-- -_....."_._-_.__......-,~~---- Agenda Item No. 16E;,Y. January 25, 20ðt" Page 35 of 50 CONTRACT IIODFICATION CHECKLIST FORM PrUlECI' RAE: ~VV ~oL \.. . PROJECT #: ..)\"6.. \"~'-\5 BIDMFP.: ()ø\.\'NlIlOØ#: ~ OF THIS CHAftGE $-3. \i)~~. ()ð I POt: ~~'! Yierkordèl-f¡: ~¡- t)~ t \ tJ\. ~.'.··'..AllÐÐllrt~~~ . cuRR&Irr.~ . . .. '. .... ~ (lllCU.U . 'Ø'RøI!RI blat øcc ~AftIouøtt~wn~ør.. iŒGIUIfU8.~... ØlatlJof La.st9cC .......--:JUIDL. \\ ~ Agenda 118m. ~ \ \;_~ .. I CulRølatl¥e ÐoIIIr Vé1ue øfOhaJ9tOrclma 'ID" ComracrJWoItt Order. $--! \)~- . 1 PIIJ~1Jf_,,,,,,,...ø""cwrreøtCOldJActatrtø8l1\... \. .. ·lol'd% FcmnLtla; (QI~ ~l tJÞI ecc ~v~ èMOtInt)..1 RestdIJ.and~ Ji _.~~ 1mft Bee applOYaJ ts ~_ under 19% I9pòrtèd tD ace OR Pt.IR$.I.lW.'~ Fôt ..,.. ~ ~ wotk order tIvésfIo1ds~ pfølse R!fertð1be Contract ~~..... SèCtii:m Df.C.4 . ~T COMPJ..ETION M'Æ ($)=0RIGINí\L: ~CURReNT: l~""4 ....,...PROP08EGCIWìöa." ~ .. .l:~ \..,.~ ~ . . .. .... ~ .~ ,¡:... ..... ., .. ...~.. . . . . ..... . ,'" ::þn4~ ...: w'\ \ \ rwt ~Ìi..~~ ·\,.:!~~~1~ .~ b<'C'.e.. ~~ i.. \~:. Jf:ImFICA11OIINR·ctìMïGe (St. PARTES CONTACTED REGMDlNGTtECHANGE: ~AT4ON s.-Ps .~·eØft before pnxMIIed....... øllangeu8ing Yf Nor NIA) f Propoiad.' ~ isCOÞSistenlwittt1be scope øf'the existing agNer1't$nt, .' . PtOpò8ed d1ange is.11 fact., addition «deletion to the eJCišting. scope. .......... Ch.:.,.....~.'...·..;.(s.·...~~..in.a.manner... . ... consisterft·. . ....with·· ibe....··. eXidng .agreemem 'ß'ìéäþpmpÂafØ' . . ,~. ~ 'reg81dhg U1e çhange . 'p~. . ... " feès' èO$&S..l~.,intl1echangearereasonabfe PROJECT. .A. . DaIø: I.~ ¿ 0/1. Date: ~. Revìsëd 9114/04 ~:l·~»jt;ti;;;~;.;;.:...~\i:.;I':.~i; ,.t."'~: :.. i';".';;;~J"~¥ Agenda Item No. 1661 January 25, 2005 Page 36 of 50 CONTRACT MODIFICATION CHECKLIST FORM ..,¡W~ ~ .s'(s~ ~t(P"'~J PROJECT NAME: PLC. P~JI'\.f'I\.Ì^~ ~t\Å I1I'1r/SCAM ~..J;öY\.PROJECT #: ....2E()33 '3 Fr A~lIItJ\t ** BID/RFP #: ~-3~b Mel:) #: --L.-AMOUNT OF THIS CHANGE $ .51ft+.(J~ PO #: ~SOOO3'l'-<1' Work Order #: :I:.CT..5UtDA-EA:I. - OS-DOt CONTRACT AMOUNT: ORIGINAL $ ~'&, l'3&.~ CURRENT $ :;;l ttf8D. 0::2. (STARTI G POINT) (INCLUDING IS CHANGE ORDER) Last BCC Approved Amount $ (::¿~ TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval ~/A Agenda Item # IV/A 'm'"'_"" J'!I,¡' '.' . . ,. ., ..: .'.': a::..:.: .! :',;~." #!. ~:);¡~~.!~1~\! ,t.:r I' 1;r.·~)~ìl~!t~~fi1lk-r~;-~b \~t1\ ~ I.'J':~:~ '~t~;;;;tl' \, ¡~ii:. ~¡ _.Ii> ..-.JhI@:r~¡~I.I/i!lUItòoI,,;hitiJìll,,~I..w.;"I>IMlj,(GI1 L'\ % CURRENT COMPLETION DATE (S):ORIGINAL: ;J../'j.;}../oS CURRENT: VØ2L{/05' UMMARY OF PROPOSED CHANGE (5): -f:;. \ Op~~'~ Sysf"LJM. ( H S (7 t I'\IA£. .s IMPLEMEN ATION STEPS (Verify ch before proceeding with change using Y, N or N/A) ./Proposed change is consistent with the scope of the existing agreement ~roposed change is in fact an addition or deletion to the existing scope Change is being implemented in a manner consistent with the existing agreement The appropriate parties have been consulted regarding the change Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: APPROVE: ~~ DISAPPROVE: Date: ,* 3/b'f Date: -'" 'JMMENTS: - Revised 9/14/04 Agenda Item No. 16EP January 25,2005 Page 37 of 50 CONTRACT MODIFICATION CHECKLIST FORM sc.wR.F R..e..u.se. Sy.s~ ~f7"'~~ r¿iø"" PROJECT NAME: ~LC. Pr"~'--'~t\~ ø....A ~/SCAtA L< ~ PROJECT #: 7't033.3 FT Ñ\uA~t BID/RFP #: 0\.f-35)(, -MeB-#: ---L-AMOUNT OF THIS CHANGE $ S"&.{L.. o;t PO #: qS00()37~L\~ Work Order#: r~T.sMDA-£AJ:-oS-OO:l CONTRACT AMOUNT: ORIGINAL J,.";~~1:!;;: CURR~~~l~af~~ ~~~E ORDER) Last BCC Approved Amount $ N 'A.. (LAST TOTAl AMT. REQUIRING Bee APPROVAl..) Date of Last BCC Approval ,...1/ í\ Agenda Item # tJ/A ·I~tl;r·~p·~~f".e .q[I::, ' '.¡¡;MMI1.q::~L " " . . ,qlJft!~ j"!", ~., ,', ,. ' . ,"', .tl~.": ~,:¡ l' 1· ~" " "r' i .-..n- :,~ I' J I~!'!' ,".:'" ~ .: "1 <.' -;:',:1~,' ~'I. " ,III, 'L.....",', ,,' ,'~~'Àw~)~..:{w':iliÐ.\!'.iobilli!W~~~', f,S"'" % CURRENT COMPLETION DATE (S):ORIGINAL: :J/':l.?-Ios- CURRENT: ~h'f /OS:- , r SUMMARY O¡F: PROPOSED CHAN~E (S):.~'~ -tI.,:. s~ Ar<-~~~~~ ;;,r-Ø~{":":5"- ~ Lìf\tr SCAM" Co MplÅkr s frf_ ......A. _~ck_~d cl_)~_ _ _ .11\=( cotl1~....i:.;b~ S~rV~ ~fl;\t.oet' 0f>e.rcA-ìjl\~ Syste"",' , J~~;~~~~~;~~~~~~þ~..~ ~~ir5~,"~~:~¡~;!;~;::.:;t~r~_ dt'ïV'e.5 Q.dc\~ r-""li,.Jñdli--lI +6 ::sYrtx-1I\. I PARTIES CO TACTED REGARDING THE CHANGE: ' V\trGlc.to,.- 1 :h, -e.r . Ca. \ f"t 1: M:. D. lI'ìd I \.A.c. 5 IMPLEMENT TION STEPS (Verify each before proceedmg with change using Y, N or N/A) .JL Proposed change is consistent with the scope of the existing agreement ..JL"Proposed change is in fact an addition or deletion to the existing scope L Change is being implemented in a manner consistent with the existing agreement LThe appropriate parties have been consulted regarding the change 2 Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAG~:NDATJON: APPROVE: JM~ DISAPPROVE: COMMENTS: - Date: 1;2/o3¡{,L/ Date: Revised 9/14/04 ~.~ :_,,, ,." .CON1RACT¡fIè~TfO" .. ..... ". . ~i.'ÍÚi;'.ïê!;1'FÐ1Ií;·:;jt:. ::;:,~~'''''¡!.~._( ','_",."",,,!.,:,.~'" .,-" Agenda Item No. 16E 11 January 25, 2005 Page 38 of 50 " .. :.\--\ '!;¡ 'r;;~ ,,' ._----~.""" þ1 Agenda Item No. 16E1f January 25, 2005 Page 39 of 50 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Goodlette-Frank Road PROJECT #: 60134 BID/RFP #: 003184 MOD #: 3 AMOUNT OF THIS CHANGE $ o POI: NA Work Order #: PBS-FT -02-01 CONTRACT AMOUNT: ORIGINAl $ 1.265.384.22 CURRENT $ 1.336.539.22 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) last BCC Approved Amount $ 1 .336.539.22 (LAST TOTAL AMT. REQUIRING BeC APPROVAL) Date of Last BCC Approval Agenda Item # Cumulative Dollar Value of Change Orders to this ContractIWork Order: $ 71.155.00 Percentage of the change over/under current contract amount 0 % Formula: (Current Amount ¡last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.C.4 CURRENT COMPLETION DATE (S):ORIGINAL: December. 2004 CURRENT: March 31. 2005 SUMMARY OF PROPOSED CHANGE (S): The chance is time onlv due to the added work on the Droiect thr extended the time for the construction of the Road Proiect. JUSTIFICATION FOR CHANGE (S): The time is needed to assure that the Droiect has DrODer inscections for the duration of the construction. PARTIES CONTACTED REGARDING THE CHANGE: Tom Deer. PBS&J Southwest Florida Proaram Manaaer: Lvnn Thoroe. Collier County TransDortation Enaineerina PrinciDal Proiect Manaaer. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor N/A) ...::L. Proposed change is consistent with the scope of the existing agreement ...::L. Proposed change is in fact an addition or deletion to the existing scope ...::L. Change is being implemented in a manner consistent with the existing agreement ...::L. The appropriate parties have been consulted regarding the change N/A Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: APPROVE: John R. Conti DISAPPROVE: COMMENTS: Date: November 23. 2004 Date: Revised 9/14/04 Agenda Item No. 16E g January 25, 2005 Page 40 of 50 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: EXDand NCRWRP Process Control Buildina PROJECT #: 725101 BIDJRFP #: 01-3235 MOD #: 2 AMOUNT OF THIS CHANGE $ 3,000.00 Work Order #: 58-02-06 PO #: 4500029418 CONTRACT AMOUNT: ORIGINAL $ 45.644.00 CURRENT $ 49.644.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BeC Approved Amount $ (LAST TOTAL AMT. REQUIRING Bce APPROVAL) Date of Last BCC Approval Agenda Item # Percentage of the change over/under current contract amount ~o E. 7 it Ï' 6f- Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (5): ORIGINAL: 12/28/2004 CURRENT: 6/30/2005 SUMMARY OF PROPOSED CHANGE (S): Include a Not to Exceed amount of $3.000 to provide additional services for the Office Trailer that will accommodate the Wastewater Director and his staff. JUSTIFICATION FOR CHANGE (S): These expenses are allowed but were not included in the oriainal contract but no amount was included for them. PARTIES CONTACTED REGARDING THE CHANGE: Purchasina (L. Wood) IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NlA) ':L Proposed change is consistent with the scope of the existing agreement ':L Proposed change is in fact an addition or deletion to the existing scope y. Change is being implemented in a manner consistent with the existing agre~ment y'The appropriate parties have been consulted regarding the change ':LProposed prices, fees and costs s t forth in the change are reasonable COMMENTS: This adiustm IS necessarv to cover additional expenses. PROJECT M APPROVE: Date: December 6, 2004 DISAPPROVE: Date: _. REVISED 9/9/03 Agenda Item No. 16E1 fO January 25, 2005 Page 41 of 50 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Toilet Renovations Buildina F PROJECT #: N/A BID/RFP #: 02-3349 MOD #: 1 AMOUNT OF THIS CHANGE $7,359.94 PO #: 4500034255 Work Order #: SC-02-90 CONTRACT AMOUNT: ORIGINAL $ 74,818.02 CURRENT $82,177.96 (STARTING POINT) ONCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $74,818.02 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval 7/27/04 Agenda Item # 16 E 6 r~'::r/.'¡,·if.:~.~':: : ~,,~II·~!'~~-~;'.I~~.·ì "_ ~¡. . ~ll:'., ~l";~(I.' -;'~£.;"~:'t~Î::,,~·.í'I~,ì~q. !,~'. :f...~ :~ .~).~'~~h~ Percentage of the change over/under current contract amount 9.84% Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the chan e exceeds 10% BCe a roval is re uired; under 10% re orted to BCC on Purchasin re ort. CURRENT COMPLETION DATE (S):ORIGINAL: CURRENT: SUMMARV OF PROPOSED CHANGE (S): To correct conditions that was found after the demolition portion c work. JUSTIFICATION FOR CHANGE (S): Required by fire Inspector. PARTIES CONTACTED REGARDING THE CHANGE: Robert Fuentes. Dalas Disnev. and Georqe Westqate of Surety Construction IMPLEMENTATION STEPS (Verify each before proceeding with change usIng VI N or N/A) _ Y _ Proposed change is consistent with the scope of the existing agreement 3_ Proposed change is in fact an addition or deletion to the existing scope _ Y _ Change is being implemented in a manner consistent with -the existing agreement 3_ The appropriate parties have been consulted regarding the change 3_ Proposed pri , es and costs set forth in the change are reasonable Date: ~ Date: COMMENTS: Revised 9/14/04 ,·...'""'_I"'.""""""""'""""',"..¡,;"""'...<*,"..."'."..";f<'";".,,,,>;",.,,_,,..., Agenda Item No. 16E1 January 25, 4Q05 Page 42 þf 50 CONfMar ~TfON ~.""~ wn~ I ;r....~ PIICIIICf_~~ I~ PRO,IECI't~\ , .......~Ø:. ·.UI'~~1M8~'· - ~\~,~C> ÞO.,·~~~"""OÑIr_ ~"~-f'\"'~ .~\ COIIIf1UQT AMDUNI': ~!-J'C '-~~~O CUlM....'. . 5Q~~.~Q ~ ........... --.. iMt_~"-" . . . .. - '. 1UIT_..,..~-~AL} ....CIf'-*·IICO.,.,J4MaI.. All......... ... , . ,'.,.. , ,.. " ' ~ ~!~,4....ø.w.Y"'afO"",.."".",·c.ø.~,Øf.u:' ,'- ~/q. 50 ,.,~ ..11., ....:__·.n.....· CMIì......... - & ¿fs . y.A./ ~ (CùIMt-- --·-"tLlllt.BCÇ ...........' . . -'f :...._.~...~.~. _IOC.~.~ under1ø~tD8CCon ~ ......M*t Felt..... ilM'~~'1W dIng--...... tIt1'IIIt1aId8. ...... ...tothe. ~_ ~I"~ s.:IOn:Rt-C.4 'CURIIENT ~ØA11.i ($J<;tILlllltfM;: , aIL~rN'r: . ' .. . -' ~ ~CII'PllDfQlØCIMtI(ISJ; :~I~~Ó\~ ~~~~, ~_CWM8IICII< ".~Ñt'~ ~~ . '[ .. -:", ' , J ~CIOII~~-~~~" ~TIÍf'" ~..tiit"_"'.."'''''''''''''Ÿ..··'''~_ _ p,... .....can.JtÌlnt.......ortw ....'.......-m . _ PNptl n'4 ~ ·tIt," 1iIGt.., .....¡. j.u.ll1JQn,to""~ ..... _ ~. ......Tìr U...tt....... ......~.wIIf..,.G¡6.,~....... .4.-~~,.,..,....... lDn..t4tl . "....'... . _ ,,-a." pricIaf fiI.. ..,...'........Qt.1IqJa..fun,... =~ DIBA~: ' COMUÐf1IS: ~: o..a. ,~~~ 'RftWM" ........k....~;~.".;;':.;..;"...:,¡¡;;;;...;"~,,,.., .. , .' .' . '". ~". .."" .~--.-' Agenda Item No. 16E1j :2. January 25, 2005 Page 43 of 50 CONTRACT MODIFICATION CHECKLisT FORM PROJECT NAME: Port Au Prince Utility Reclacement Proiect PROJECT #: 73060& 70074 BID/RFP #: 01-3290 MOD #: Change Order 1 AMOUNT OF THIS CHANGE $ 0.00 ----- PO #: 4500031354 CONTRACT AMOUNT: ORIGINAL $23.311.11 _ (STARTING POINT) Work Order #: WMI-FT-04-15 last BCC Approved Amount $ CURRENT $ 23.311.11 (INCLUDING THIS CHANGE ORDER) (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of last BCC Approval NIA Agenda Item # Cumulative Dollar Value of Change Orders to this ContractIWork Order: $ 0.00 Percentage of the change over/under current contract amount 0 % Formula: (Current Amount 1 Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.C.4 CURRENT COMPLETION DATE (S):ORIGINAl: November 27, 2004 CURRENT: January 26, 2004 SUMMARY OF PROPOSED CHANGE (8): This Chance Order will add additional Staff titles with aocropriatl hourlv rates and additional time. JUSTIFICATION FOR CHANGE (S): The work Order reauired Wilson Miller to provide GIS services for this proiect. This chance order adds the new rates for this staff. Additional time is recuired to complete the work. PARTIES CONTACTED REGARDING THE CHANGE: Paul Mattausch. Jon Pratt for Joe Cheatham. Bill Mullin. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) -X. Proposed change is consistent with the scope of the existing agreement - Proposed change is in fact an addition or deletion to the existing scope -X- Change is being implemented in a manner consistent with the existing agreement -X- The appropriate parties have been consulted regarding the change -2L Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANA~E~ REC~M~:~~A~ APPROVE:~ ~ Date: DISAPPROVE: Date: COMMENTS: Revised 9/14/04 ,,,",,,,,,,,,,,,-",,;¡;,",,,,,,-,,,¡¡;¡¡-'¡'-,',",,",,,,,",",",,,,,,,, Agenda Item N~6E 1 Januarx 005 Page 4 of 50 CONTRACT MODIFICATION CHECKLIST FORM- PROJECT NAME: sc..R.WTP FIDw !1e-terl~ SysT"" ,*,-~PROJECT #: 710;) \ FT BID/RFP #: Ci/-3il'f MOD #: ,vA AMOUNT OF THIS CHANGE $ 0 PO #: "¡S()OO;J..'i4~O Work Order #: fI ~- FT -04 - OS CONTRACT AMOUNT: ORIGINAL $ 64, OCXJ. g¡. CURRENT $ 6L/~ 000. £9.., (STARTlN'G POINT) (INCLUDING T IS CHANGE ORDER) Last BCC Approved Amount $ (LAST TOTAL AMT. REQUIRING BCC APPROVAL) t./(,3/b'-l Agenda Item # /6 c ~ . Date of Last BCC Approval ":'::",1" ~ ' .~t1' t~,/1 >II/~ ;>r:~, ~. ~"r~" c.~ ; ;~'I:,I,~"", t: .1~, ,.~'··~iI.....__~.i&b\~\<d;;à\\titi\>\J}Ó'r'~l.b,;w..¡'''''''''\ÅI~\êllI&.iü.oo;."' <........'~....'~._~..; :!.- ~. = ' Percentage of the change over/under current contract amount 0 % Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the chan e exceeds 10% BCC a roval is re uired; under 10% re orted to BCC on Purchasin re ort. ' It_, ',_" ',._ 'IØ' CURRENT COMPLETION DATE (S):ORIGINAL: i~ho¡f)lf CURRENT: 1..(101/65 ,- 1UMMARY OF PROPOSED CHAt4GE (S): &t'l!.rlsIÌ?n. of G:"~11JIe£on 7ì~ tot' T~ L/ ( c.c.Mtrt.d,'OI1 5eY'" ù:~~ J I PARTIES CONTACT D REGARDING TH L~ i'\." o(~- Lis~ I p ~M ,LEMENTATlON TEPS (Verify each before proceeding with change using Y, N or N/A) Proposed change is consistent with the scope of the existing agreement Proposed change is in fact an addition or deletion to the existing scope iChange is being implemented in a manner consistent with the existing agreement The appropriate parties have been consulted regarding the change Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANj-GER R~MMENDATION: APPROVE: ~~ DISAPPROVE: -~OMMENTS: Date: J:¥:23'þf Date: Revised 9/14/04 ",----- Agenda Item No. 16å}r January 25, 209~ \ Page 45 of 50 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Collier County Public Utilities Renovations 3rd Floor Buildina H PROJECT #: RFðlL T . BIDIRFP #:(J~-3~ MOD #: .LAMOUNT OF THIS CHANGE $4.015.00 PO #: Work Order #: Sc ,. 0;< - ro CONTRACT AMOUNT: ORIGINAL $199.556.20 CURRENT $203.571.20 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $199.556.20 (LAST TOTAL AMT. REQUIRING Bee APPROVAL) Date of Last BCC Approval June 8.2004 Agenda Item # 16.C.14 Cumulative Dollar Value of Change Orders to this Contract/Work Order: $4.015.00 Percentage of the change over/under current contract amount 2% Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section "I.C.4 CURRENT COMPLETION DATE' (S):ORlGINAL: CURRENT: SUMMARY OF PROPOSED CHANGE (S): Relocate YAV boxes above conference room and the director's (administrator's) office and move venting of oven throuch the side of buildina rather than throuah the roof. JUSTIFICATION FOR CHANGE (S): The oncinal location of the YAY boxes was in the Dath of the conference room and director's (administrator's) office walls. Thev need to be moved to allow the comDletion of these walls. The vantine of the oven was relocated from the roof to the side of the buildinc in an effort to not imoede the addition of additional floors on the buildina. PARTIES CONTACTED REGARDING THE CHANGE: Surety Construction ComDanv and (Victor J. 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Ii~ ~£ fie. ~ - :5 cD ~. - o - ..... - 8 ~ ! 8 d st - ..... ~ ::IE c: III õ: f g» ~ =§ !e ! 11) 8 ~ ~ ~i ~ 0. '2 E ~~o8 ~ I - - ~ N - - N CD F ~i ;;!'O '" i .!!! x :6 CD õ.8 ¡~ 1«1 ¡g, ~! 111- ¡Sô .!!! 5 ~~ i i >'11) ;..c ..cI- a· .- '" ..c E Is '1: 1) it !o! ~.o it ,g 8 '" III .!!, CD -:6 2! .1: aI:6 sa .¡ t!) '" ãi '" I: .- :SF ~ ...: all §@ ! ~ æ ~ ~ I!? CD :::I aO i~ £M .!!! ~ F E ~ .. '" _ CD c: CD aI . '558 õ¡~ I.!~ .- CD jIÞ .!!! J:: Ii - ~ > !Q "'") o~,g Agenda Item No. 16F1 January 25, 2005 Page 1 of 2 .- EXECUTIVE SUMMARY Recommendation to approve a budget amendment, Project 90536, in the amount of $3,525. OBJECTIVE: To obtain the Board of County Commissioners approval of a budget amendment in the amount of $3,525 to recognize prior year available budget in the current fiscal year. CONSIDERATIONS: On September 30, 2004 (fiscal year 2004), a goods receipt was prepared to pay Coastal Planning & Engineering, Inc. (CP&E) $3,525. In early October, 2004, Finance roned forward the FY2004 unspent project budgets to the new fiscal year and at that time, the $3,525 good receipt was considered spent. On October 6,2004, the goods receipt was canceled., increasing the available budget last fiscal year instead of the current fiscal year. CP&E was later paid and the expenditure posted to FY2005, creating an available budget in the prior fiscal year and shorting the current year budget by that same amount. FISCAL IMPACT: A budget amendment is needed to recognize $3,525 in canyfOlward revenue and to increase the project budget by the same amount. The source of funds is Tourist Taxes. GROWTH MANAGEMENT IMP ACT: There is no impact to the GTowth Management Plan related to this action. .-. RECOMMENDATION: That the Board of County Commissioners approve a budget amendment in the amount of $3,525. PREPARED BY: Ron Hoven, P.E., Coastal Projects Manager, Tourism Department ,--. 00'- "."" ..."~..",...... Item Number Item Summary Me~ting Date 16F1 Recommendation to approve a budget amendment, Project 90536, in the amount of $3,525. 1/25/20059:00:00 AM Prepared By Date Ron Hovel! Principal Project Manager 1/12/200512:47:54 PM Administrative Services Facilities Management Approved By Ron Hovel! Principal Project Manager Date Administrative Services Facilities Management 1/12/2005 1 :28 PM Approved By Jack Wert Tourism Director Date County Manager's Office Tourism 1/13/20059:49 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1/13/200512:13 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 1/14/200510:06 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1/18/20052:04 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 1/18/20057:20 PM - -....--..--.- ~ ------.. Agenda Item No. 16F2 January 25, 2005 Page 1 of 10 ","'- EXECUTIVE SUMMARY Recommendation to approve two Work Order Amendments under Contract #01-3271, Fixed Term Professional Engineering Services for Coastal Zone Management Projects, with Humiston & Moore Engineers for the Hideaway Beach Renourishment, Project 90502, in the total amount of $28,500. OBJECTIVE: To obtain the Board of County Commissioners approval of two engineering services work orders in the total amount of $28,500. CONSIDERATIONS: On September 11, 2001, Agenda Item l6.C.13, the Board approved Hideaway Beach Renourishment design and pennitting with a budget of $335,500. On March 25, 2003, Agenda Item 10.K, the Board approved a budget amendment in the amount of $165,500 bringing the budget to $501,000 for design and pennitting efforts up through responding to an FDEP Request for Additional Information # 1. _. On April 13, 2004, Agenda Item lO.C, the Board directed that: 1. The completion of design and pennitting efforts be funded with Tourist Tax funds. 2. All future construction costs and engineering costs directly related to the construction be cost-shared - with the use of Tourist Taxes for the removal of the existing temporary T- groins and the construction of the pennanent T -groin structures, and other funds for the placement of sand. On September 23, 2004, the Board approved the fiscal year 2005 budget that included $4,457,000 for the construction of this project with $1,969,000 to be provided by the City of Marco Island. On October 26, 2004, the Board approved the award of the sand placement contract, the portion to be funded by the City of Marco Island, to Weeks Marine, Inc. in the amount of $2,482,775. The City's share was therefore increased to $2,617,775 and that amount has been deposited with the County. On December 14, 2004, the Board approved the award of the structures construction contract to Marine Contracting Group, Inc. in the amount of $2,140,880 which is to be paid by Tourist Taxes per the interlocal agreement with the City of Marco Island. The FL Department of Environmental Protection (FDEP) required revisions to the construction plans - to add a warning beacon to the Collier Creek jetty and to adjust the construction baseline. Additionally, staff needed assistance with evaluation of "or equivalent" materials inquiries by potential bidders, with preparation of addenda to plans and specifications during the bidding process, and with providing additional copies of revised plans in both electronic and printed full size plans to comply with FDEP requirements. Humiston & Moore Engineers (H&M) has submitted an engineering services work order amendment proposal dated January 4, 2005 in the ,,-.. amount of $1 0,500 to cover these additional services. Agenda Item No. 16F2 January 25. 2005 Page 2 of 10 . /,-", The FL Department of Environmental Protection and Anny Corps of Engineers have required additional infonnation in order to process the permit applications. H&M submitted an engineering services work order amendment proposal on January 4, 2005 in the amount of $18,000 to cover these additional services. On January 7, 2005, the Florida Department of Environmental Protection issued the environmental permit for this project. The federal pennit is expected by the end of the month. On January 13, 2005, the Coastal Advisory Committee recommended approval of these work order amendments. On January 24,2005, the Tourist Development Council also recommended approval H&M has been awarded $343,075 and Coastal Planning & Engineering has been awarded $210,448 for engineering services in support of the design and permitting for this project. Additionally, H&M has been awarded $180,000 (time and materials - to be cost-shared with the City of Marco Island) to monitor the construction of this project. FISCAL IMP ACT: Funds are available in the Hideaway Beach Renourishment Project (90502). The source of funds is the Tourist Development Tax (Fund 195). - Summary of project costs, including these proposed changes: Tourist Taxes City of Marco Island Pre-construction costs 607,000 0 Sand Placement Contract 0 2,482,775 Structures Contract 2,140,880 0 Construction Monitoring'" 83,300 96,700 Total Costs 2,831,180 2,579,475 '" cost-share to be determined based on actual costs Approved Project Budget 3,125,000 2,617,775 Total 607,000 2,482,775 2,140,880 180,000 5,410,655 5,742,775 GROWTH MANAGEMENT IMP ACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners approve two work order amendments in the total amount of $28,500, and authorize the Tourism Director to execute the work order amendments. PREPARED BY: Ron Hovell, P.E., Coastal Projects Manager, Tourism Department "....... .II.G..........··....IIWI Meeting Date Recommendation to approve two Work Order Amendments under Contract #01-3271, Fixed Term Professional Engineering Services for Coastal Zone Management Projects, with Humiston & Moore Engineers for the Hideaway Beach Renourishment, Project 90502, in the total amount of $28,500. 1/25/2005 9:00:00-AM Item Summary Prepared By Date Ron Hovell Principal Project Manager 1/12/20051:11:18 PM Administrative Services Facilities Management Approved By Ron Hovell Principal Project Manager Date Administrative Services Facilities Management 1/13/20059:59 AM Approved By Jack Wert Tourism Director Date County Manager's Office Tourism 1/13/200510:02 AM Approved By Linda Jackson Contracts Agent Date Administrative Services Purchasing 1/13/200510:13 AM Approved By Steve Carnell PurchasinglGeneral Svcs Director Date Administrative Services Purchasing 1/13/2005 12:00 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1/13/200512:15 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 1/14/200510:39 AM Approved By Michael Smykowski . Management & Budget Director Date County Manager's Office Office of Management & Budget 1/18/20052:20 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1/18/20053:54 PM Agenda Item No. 16F2 January 25, 2005 Page 4 of 10 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Hldeawav Beach Renourlshment PROJECT #: 90502 BID/RFP #: 01·3271- MOD #: (HM·FT -G3'()2) 3 AMOUNT OF THIS CHANGE $ $18.000 PO #: 4500013065 CONTRACT AMOUNT: ORIGINAL $ 103.000.00 CURRENT $ 216.784.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $ 198.784.00 (LAST TOTAL AMT. REQUIRING Bee APPROVAL) Date of Last BCC Approval 9/28/04 Agenda Item # 16.C.3 Percentage of the change over/under current contract amount 9.1 % Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (5): ORIGINAl: not specified CURRENT: February 15, 2005 SUMMARY OF PROPOSED CHANGE (S): The FL Department of Environmental Protection and Armv Cores of EnQineers have reauired additional information in order to process the permit applications Humiston & Moore EnQineers (H&M) submitted an enaineerina services work order amendment proposal on January 4.2005 in the amount of $18.000 to cover these additional services. JUSTIFICATION FOR CHANGE (S): These time and materials services are reQuired in order to continue pursuina environmental permits for the proiect. PARTIES CONTACTED REGARDING THE CHANGE: Linda Jackson. Ken Humiston. Coastal Advisory Committee IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor N/A) ...K-. Proposed change is consistent with the scope of the existing agreement ...K-. Proposed change is in fact an addition or deletion to the existing scope ...K-. Change is being implemented in a manner consistent with the existing agreement ...K-. The appropriate parties have been consulted regarding the change ...K-. Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANA~OI\l. OMME~N: APPROVE: ~ DISAPPROVE: - COMMENTS: Date: Date: ¡ße<!oS If Revised 8/22/03 Agenda Item No. 16F2 January 25, 2005 Page 5 of 10 WORK ORDER #HM·FT·03·02 Amendment #3 Agreement for Fixed Term Professional Engineering Services for Coast.al Zone Management Projects Dated November 13, 20(H (Contract #0) -3271) This Work Order is for Professional Engineering Services for Coastal Zone Management Projects for work known as Hideaway Beach Rellourishment (90502). The additional work is specified in the proposal dated January 4, 2005 and IS attached to this Work Order Amendment. Scope of Work: (additional servjces within each task) a. Task Xl -- FDEP permit conditions b. Task XII - Army Corps of Engineers permit conditions Schedule of Work: Complete all tasks by February 15,2005. Compensation: In accordance with Article Five of the Agreement, (he County will compensate the Firm in accordance with the negotiated lump sum or lime and material amount provided in the schedule below (if a tusk is time and material, so indicate and use the established hourly raLe(s) as enumerated in Schedule "A" of the Agreement). Task XI Task XII Total $15,000.00 (T &M estimate) $ 3,000.00 (T&M estimat.e) $18,000.00 Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement. PREPARE[) BY: Ron Ho \len, P .E., Coastal Projects Manager Date REVIEWED BY: Stephen Y. CarnelL Purchasing Director Date AUTHORIZED BY: Jack Wert, Tourism Director Date ACCEPTED BY: Humiston & Moore Engineers, Inc. ;::::.-.-... ffi>p"·,...........-; (. S; ~........ Au thorized Company OfCi cer l/Il/e-IS- I· ' Date Ken Humiston, P .E., President T" 'f f ..."",.:ok ,'" f' D ,.. ~ ..... t "'-1 ,'\ .,""'" /... n ~ (·1 'T": t 1 ,.." Agenda Item No. 16F2 January 25, 2005 Page 6 of 10 January 4, 2005 Mr. Ron Hove". P.E. Collier County Public Works Engineering Department 3301 E. Tamiami Trail Naples, FL 33962 Sent via email Re: Hideaway Beach Nourishment, H&M File No. 12028, Work Order HM-FT -03-02, PO 4500013065, additional budget request. Dear Ron: As a follow up to our discussions regarding Additional Services related to DEP and Corps of Engineers Permit Conditions, the Additional Services include addressing permit related requirements of two tasks in the referenced purchase order. Task XI - FDEP Permit Conditions. These permit conditions need to be addressed in order to obtain the Notice to Proceed which must be obtained prior to commencement of construction. The Additional Services include: DEP requests for; signage to warn recreational beach users of hazardous conditions, additional analysis and design of the mangrove mitigation plans and submittal of detailed culvert flow plans to DEP which will include additional field work provided by environmental consultant Passarella & Associates and surveying consultant Dagostino & Wood to provide positioning for Passarella, and preparation and submittal of the QA/QC plan for monitoring and testing the quality of the material placed on the beach by the dredging and beach fill operation. Task X - Corps of Engineers Permit Conditions. These Additional Services include assistance to the U.S. Fish& Wildlife Service in the preparation of the Biological Opinion needed for Corps of Engineers permit application review. including conditions that will allow construction during the summer months. Task XI Additional Services Request Amount ...............................$ 15,000 Task XII Additional Services Request Amount...............................$ 3.000 Total Additional Services Request Amount....................................$ 18,000 Please call if you have any questions. Sincerely yours, HUMISTON & MOORE ENGINEERS /<" e-", #U,?;J-z c~ ~J Kenneth K. Humiston, P.E ~-__....."'"H."''''''.,';''~., Agenda Item No. 16F2 January 25, 2005 Page 7 of 10 CONTRACT MODIFICATION - CHECKLIST FORM PROJECT NAME: Hideawav Beach Renourlshment PROJECT #: 90502 BID/RFP #: 01-3271 PO #: 4500030070 CONTRACT AMOUNT: ORIGINAL $ 45.000.00 CURRENT $ 55.500.00 (START1NG POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $ 45.000.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) MOD #: CHM-FT-D4-D2) 1 AMOUNT OF THIS CHANGE $ 10.500.00 Date of last BCC Approval 6/8/04 Agenda Item # 16.C.11 Percentage of the change over/under current contract amount 23.3 % Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: Julv 14. 2004 CURRENT: Februarv 15. 2005 SUMMARY OF PROPOSED CHANGE (S): The FL Department of Environmental Protection (FDEP) reauired revisions to the plans - to add a warnina beacon to the Collier Creekiettv and to adiust the construction baseline. Additionallv. staff needed assistance with evaluation of Nor eauivalent" materials inauiries bv potential bidders. with preparation of addenda to Dlans and specifications durina the biddina Drocess. and with Drovidina additional coDies of revised Dlans in both electronic and Drinted full size plans to complv with FDEP reauirements. Humiston & Moore Enaineers (H&M) has submitted an enaineerina services work order amendment proDosal dated Januarv 4. 2005 in the amount of $10.500 to cover these additional services. JUSTIFICATION FOR CHANGE (S): These time and materials services are reouired in SUPDort of obtainina construction contracts and environmental permits for the proiect. PARTIES CONTACTED REGARDING THE CHANGE: Linda Jackson. Ken Humiston. Coastal Advisorv Committee IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor N/A) .lL Proposed change is consistent with the scope of the existing agreement .lL Proposed change is in fact an addition or deletion to the existing scope .lL Change is being implemented in a manner consistent with the existing agreement .lL The appropriate parties have been consulted regarding the change .lL Proposed prices, fees and costs set forth in the change are reasonable PROJECT MA~ATION: APPROVE: DISAPPROVE: Date: Date: ~5 COMMENTS: Revised 8/22/03 ,-,.-~,~"-----_.,,-- Agenda Item No. 16F2 January 25, 2005 Page 8 of 10 '''ORK ORDER #HM-FT-04-02 Amendment #1 Agreement for Fixed Term Professional Engineering Services for Coastal Zone Management Projects Dated November 13, 2001 (Contract #01-3271) This Work Order is for Professional Engineering Services for Coastal Zone Management Projects for work known as Hideaway Beach Rcnourishment (90502). The additional work is specified in the proposal dated January 4, 2005 and IS attached to this Work Order Amendment. Scope of W ark: a. Task I serVIces Modify construction plans and provide hidding phase support Schedu Ie of Work: Complete Tasks r hy February 15, 2005. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum or lirne and material amount provided in the schedule below (if a task is time and material, so indicate and use the established hOll1'Iy rate(s) as enumerated in Schedule "A" of the Agreement). Task I $] 0,500.00 (T&M estimate) Any change within monetary authority of this Work Order made suhscguenl to final department approval wiIl be considered an additional service and charged according to Schedule "A" of the Agreement. PREPARED BY: Ron H()VcIL P.E., Coastal Projects Manager Date REVIEWED BY: Stephen Y. Carnell. Purchasing Director Date AUTHORIZED BY: ] ack W crt, Touri sm Director Date ACCEPTED BY: Humiston & Moore Engl.Dcerj.,_In-L /;/ /;)' /~ ~",~';""7 ¿~ Au th orizcd Company Officer / / (- 1/11/0", / . Date Ken Humiston. P.E., President Type or Print Name and Title Agenda Item No. 16F2 January 25, 2005 Page 9 of 10 HUMISTON & MOORE ENGINEERS COASTAL ENGINEERING DESIGN AND PERMITTING 5679 STRAND COURT NAPLES, FLORÐA 34110 FAX:239 594 2025 PHONE: 23t 1114 2D21 January 4,2005 Mr. Ron Hovell, P.E. Collier County Public Works Engineering Department 3301 E. Tamiami Trail Naples, FL 33962 Sent via email Re: Hideaway Beach Nourishment, H&M File No. 12028, Work Order HM-FT-04-02, PO 4500030070, additional budget request. Dear Ron: As a follow up to our discussions regarding Additional Services related to Plans & Specifications modifications, the Additional Services indude; revisions to sheets 17 and 23 to add a warning beacon to the Collier Creek jetty and to adjust the construction baseline, assist county staff with evaluation of "or equivalent" materials inquiries by contractors, assist County staff with preparation of addenda to plans and specifications during the bidding process, and providing additional copies of revised plans in both electronic and printed full size plans. Additional Services Request Amount.......... .................. ........ .........$ 10,500 Please call if you have any questions. Sincerely yours, HUMISTON & MOORE ENGINEERS /~-~ ¡4/u,'?"n C9 ~ Kenneth K. Humiston, P.E .,--.---.- NI.(')O LLO.... lDO_ ....NO , "0 01.(').... ZN Eè~ Q)C'Cro .:::::êCl.. roro -0, c: Q) 0) <C ... c CÞ E í>' .c U) .- ... ~ o c CÞ a: .c (.) CO CÞ m ~ CO ~ CO CÞ "'0 .- :E: N o It) o Ø) ..... Q Q N .... Q >- &I. '" It) Q Q N ~ >- &I. . ,.: .:'" "i GO 'Q o N co Q Q N 3 o N '" iJ 8 8 8 _.....,8".., ,.., 8" ,., '.. 8 8 8 .,,~~, ' 8 8 8 8 8 8 8 oq'~ - ,~.,. 8 8 8 , ,., , . - ! CJ .... z w > w ....- - (I) E ~ .. C l~ ......u C._ eft.. .- ~ ;~ Q- , ,M I o "..,' . , "'" ",', ,.,~, ~~ " """" ., _. '" I... 'N.. . V<.:.~' " .. ,,"" ,"' "" . ~= :«. "... , ."," 8 i 1ft :: 9 Ñ .,. § 8 :: o CD CD ~ ... :iI § i~ ... .,. ~ (I) C I "c - - Uo .2U C o'i 1ft - 1:10 en~.5 ~õc 2~ I .... C" I (I) C CII.2 U eft 1:1cz§1:1a1~.51:1 c.5 ~a1"''''~!;1;j''~ 0" .þ § o".b~·¡:.e.þiuS'ãj (I) ... >- C (I) U ~.- (I) .. ~.- ¡; C ~~ cc 2 Ooc C CUI Oc II O_""::O....L... 0.c0 .c u D. =..:tu en c:.z u (I) A. Z (I) . . " -'" "--r-Î-- l ~f-- I r-- c ftI 2 at__ ~ ·..·'~I-- "" f--f- .2§ I ~ .- lIS I- ~- r!Ô ~'æ- 'C ~ I E "''''r-Cca- II -Gl- ~5 I~- ¿:I ë¡- ¡!l ""'" r- i a._ ..r ü:¡ ...~ E I- .....c f1-! ... ~ i:i!- 1$& ifi- 81 "', -I f- .a:el- c:z:: at . ~5 C""I- · .2' ~ I! ""I- f .s og' ofW il! o 8 !: ~jf- e . i-- ii I; s:z:: ci :8- 1'1 ~ C . E E 8 . ~ II) It) co ~ Iff ... ¡ ~ 1:1 a1 .~ e A. Agenda Item No. 16H1 January 25, 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 pwpose 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 detennined 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 FUNCTIONIEVENT: 40th Anniversary of Modern Marco Island PUBLIC PURPOSE: Support the sponsors - the City of Marco Island and the Marco ~ Island Chamber of Commerce DATE OF FUNCTIONIEVENT: January 28,2005 FISCAL IMPACT: $100.00 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: January 25, 2005 ~.. Item Number Item Summary Meeting Date Agenda Item No. 16H1 January 25, 2004 Page2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16H1 Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the City of Marco Island & the Marco Island Area Chamber of Commerce's 40th Anniversary of Modern Marco Island dinner at the Marco Island Marriott Resort, Golf Club & Spa; $100.00 to be paid from Commissioner Fiala's travel budget. 1/25/20059:00:00 AM Date Prepared By Kathy Highbaugh Board of County Comm issioners Executive Aide to the BCC 1111/2005 11:18:27 AM Approved By BCC Office Sue Filson Board of County Commissioners Executive Manager to the BCC Date Approved By BCC Office 11121200512:57 PM James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 1/1212005 6:26 PM ,'.'_.., Agenda Item No. 16H1 January 25, 2004 Page 3 of 3 Cet:e6rating 40 :Jéars of Paraáis'e fJJ"u City of'Man:o [sfatu{ aná tIie Marto Isfatut JilmJ Chamótr of Commerce c.tmlùú£y in1JÍte yOU-to atterul a cekóratúm Û1. fumør of tIie 40tli JWmversarg of !.MtXÚrn 9Æan:o [sCant{ 1965 2005 'frúfa~þ the twenty eîßlitli 0/ January two tlWusaná an¡{ five at ~ t:ñirty in the evening for CDCRJai£r, lwrs á'oeuvres aruf tasn 6a:r- fo«OWuf by áinner¡ cIiampa¡¡ne toastl speciai pmentation an¡{ áanâng Marco Isfan¡{!Marriott !1?JSortl (jor¡ CEu.6 &' .spa 400.s. Cof1ier '.B£vá Mana Isfatu£ 'fCoriáa , !1(p.6y Spunsors: Comcast 'fijtfl '1Jíin{ 'lJan{ Mmto Isfan¡{ JlLssociation of ~ Marco Isfan¡{ 'Lz¡¡ú Marco Isfan¡{Marriottf(µort, rjor¡ Cfu6 & Spa 'formal ßlttire '.Park:Þro '.Pro1Iiáu{ ,ì Item Number Item Summary Meeting Date Agenda Item No. 16H2 January 25, 2004 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16H2 Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended Marco Island Area Chamber of Commerce Aloha Luau on January 8, 2005 at Hideaway Beach Club; $55.00 to be paid from the Commissioner's travel budget. 1/25/20059:00:00 AM Prepared By Date Kathy Highbaugh Board of County Commissioners Executive Aide to the BCC 1/11/200511:27:47 AM Approved By BCC Office Sue Filson Board of County Commissioners Executive Manager to the BCC Date BCC Office 1/12/200512:58 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 1113/2005 10:40 AM Agenda Item No. 16H2 January 25, 2004 Page 3 of 3 EXECUTIVE SUMMARY - COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Donna Fiala FUNCTIONIEVENT: Marco Island Area Chamber of Commerce Aloha Luau PUBLIC PURPOSE: Interact with the citizens of Marco Island DATE OF FUNCTIONIEVENT: January 8,2005 FISCAL IMPACT: $55.00 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: January 25, 2005 Agenda Item No. 16H3 January 25, 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, environmenta~ 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 FUNCTIONIEVENT: Marco Chamber Going Away Lunch for Greg Niles PUBLIC PURPOSE: Extend appreciation to City Planner Greg Niles ,....- DATE OF FUNCTIONIEVENT: Wednesday, January 19,2005 FISCAL IMPACT: $25.00 Funds to be paid from Commissioner's 1ravel 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: Kathy Highbaugh, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: January 25,2005 - ,--, " . ". .,..~..,....>...~,.."" .... Item Number Item Summary Meeting Date Agenda Item No. 16H3 January 25,2004 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16H3 Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the Marco Chamber of Commerce Going Away Luncheon for Greg Niles on January 19, 2005 at the Island Country Club on Marco; $25.00 to be paid from Commissioner Fiala's travel budget. 1/25/20059:00:00 AM Prepared By Date Kathy Highbaugh Board of County Commissioners Executive Aide to the BCC 1/12/20053:05:39 PM Approved By BCC Office Sue Filson Board of County Com missioners Executive Manager to the BCC Date BCC Office 1/13/2005 9:24 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 1/13/2005 11 :43 AM "'" ·__~c···'·'·· ..rom: 'lllCICI 3W....4Di1 TO: CONNA I"!ALA cafe: 111 0I2UDCI Time: ..:IJ3:1J11 PM !-'lIp 1 01' 1 Agenda Item No. 16H3 January 25, 2004 Page 3 of 3 Y'''..f.,~,' I",'J Going Away Luncheon for GREG NILES Wednesday, January 19th Noon Please oontaot Sandi at the Marco Island Area Chamber of Commeroe for further Information. 394-7549 ~' ~~ ,16 rÎJ J?h11(rv{. &vrd&tfL.Lvb ..... t7' ~ a .z, (!Cd ' / , 1 Î. /(:biv' c/ I~ ~. /' ?. . "~,. ¡ c· /-; .¿7S{ . 40:/ j ,- '"......~!......_""........ , .. _- . .._...._""""..."".,.,;,...ô..'".,¡, Agenda Item No. 16H4 January 25, 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 detennined 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 FUNCTIONIEVENT: The Greater Naples Chamber of Commerce "Wake Up Naples" 1"""...... PUBLIC PURPOSE: To network with constituents and business members and to hear Dr. Richard Woodruff speak on "Future Casting" (What Collier County will look like in 20 years) DATE OF FUNCTIONIEVENT: January 19, 2005 FISCAL IMP ACT: $17.00 Funds to be paid from Commissioner's 1ravel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99-410, approve payment by the Clerk for Commissioner Tom Henning 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: 01/25/05 ...-.. Item Number Item Summary Meeting Date Agenda Item No. 16H4 January 25, 2004 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16H4 Commissioner Henning requests Board approval for reimbursement for attending a function serving a valid public purpose. Commissioner Henning attending the Greater Naples Chamber of Commerce "Wake Up Naples" event on January 19, 2005, at the Hilton Naples & Towers. Registration of $17.00 to be paid from Commissioner Henning's travel budget. 1/25/20059:00:00 AM Prepared By Date Sam Tucker Board of County Commissioners Executive Aide to the BCC 1/13/2005 10:55:45 AM BCC Office Approved By Sue Filson Board of County Commissioners Executive Manager to the BCC Date BCC Office 1/14/2005 9:47 AM Approved By James V. Mudd Board of County Comm issioners County Manager Date County Manager's Office 1/18/20058:30 AM From: Naples Area Ch¡¡mber 1-941-262-7245 To: Date: 1/7/05 TIme: 11:00:34 PM Agenda Item No. 16~ 1 of 1 January 25, 2004 Page 3 of 3 ~. . . CfwrìIraø'8fJ:::-,--''-: ...' :.,~~' .... '.. ..' . .~~._~_c~:.· tACH 1~.RE(,D COpy DF F~( J(;c "WAKE UP NAPLES" ¡'¡i~"_ry19tb, :zôös:, N'.--; ·--·r,. ." . ~, .' ,~ ~kL~~I;:.c. .\ ...~ . .. ...... .. t, .. J I ~::c. ,j: ""j ,',. . ..' ....... ......-,... . ."\¡¡¡J,. . '...~ .f. > ". . "-;,- ...: .... ¡ at the Hilton Naples and Towers Sponsored By: What CoUier county wiD look like in 20 years! 11..,. ell L h l,,~errl ,ync . l' ~D ì1J~ \ 1 :3Ù---~"-'--'----'----"-- , '\ ~t~1d-? ~{~ Speaker: Dr. Richard Woodruff On "Future Casting" Tickets are $17.00 in advance and 520.00 at the door. -.... . Payment Requested by NOON Jan.I8th No Refunds After NOON, Jan. 17th. ._.________"_____________~___________________._________________._._____________________~_________________________________ft______________________~ Wake Up Naples Nov. For more information, please call The Chamber at 262-6376 Mail to: 2390 Tanñami Trail North, Naples FL 34103 OR FAX to: 262-8374 ::J Check/Cash [J VISA [J MasterCard C AMEX 2redit Card # Signature ßxp Date Contact Name lJusiness· Total Amount $ t>bone FAX Address Representatives Attending: (It f¡~ '/ I~ v~(i ,j¡l1.n,rt V ~SÛ'- llepresentatives Att~nding: r~·-r }t- "J' . h k' "\( .., " . . ) \ .._; ,\ -C:, '. \' \ Ll "it ,,\,~ .' v Agenda Item No. 16H5 January 25, 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 pwpose 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 ftatemal, business, environmental, educational, charitable, socia~ professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Jim Coletta FUNCTIONIEVENT: East Naples Civic Association's Annual Banquet ........-..... PUBLIC PURPOSE: To represent District 5 DATE OF FUNCTIONIEVENT: January 17, 2005 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 Coletta to attend function serving a valid public pwpose. PREPARED BY: Nancy Rosiak, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: January 25, 2005 - w,_".",,_~__ Item Number Item Summary Meeting Date Approved By Nancy Rosiak Board of County Commissioners Agenda Item No. 16H5 January 25, 2004 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16H5 Commissioner Coletta requests Board approval for reimbursement for having attended a function serving a valid public purpose. Commissioner attended the East Naples Civic Association Annual Banquet Celebration on January 17, 2005; $35.00 to be paid from Commissioner Coletta's travel budget. 1/25/20059:00:00 AM Executive Aide to the BCC Date BCC Office 1/14/20059:12 AM Approved By Sue Filson Board of County Commissioners Executive Manager to the BCC Date BCC Office 1/14/20059:46 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 1/18/200510:21 AM ^__..o.,_._~....."_~.......""'"'_____._ I/:)'<:/"C"') :¡:O_ (DO 0 ,-NC"') OLD Q.) ZN~ E è:'a.. $~ -c: ccro -0"""') c: ~ ~ ÞÐ ~ ~·ß .~ ~ <udCll -.: <U 0 <u ~~.g~ \Ii (I. c.J ..~ ~ ~ 0 ~ .=,.E <u ~ (I. ClI ~ = "'Ó ~~ ~ rñ ~ t :: ~ Q) =' E~ E o--e o cd .. ~ 0 ~ ~~o - r.. Q) fI) Q) -J l:! os ~ § -. ~ ~ ',.. 8 ;:: ... ow 8 Q,þ r3 ~ o~-· ~U õ"'g ~ b(....- :: rn GO '¡j Cd cd cd='- c:.,,~ -- .~ ~ E ..... o~ z..s Q) Q) ~ fj ~ ~ ~ ~ ~ ~ ~ ~ '"2 ~ Cï5 b c:: ,S ~ ~ ~ :::s $ - t'\ · CU . "" t¡ ~ ..0 ~ i: ~ ~ ~ ~~ ~ ~ ~- ~ Õ ~ ~ ~ I a ~. ~ J - - - ~ 5S5ta:;1; ~j~1 ~~~~~~ ~- ... o"'INN-_- >=0 ~>=o 11 N¡i~ ~ ~ e11J i \)~i ~~ð.3~~ ~~~~ JJ~~j~ lJ~l tè';1~ ~f~:tª 5555....ð~ð~~ ~ >f. -t. -t. ~ ;. ..g ~.~ ~ o"'INNN_- I:Q ~ ~ ~ .. ..c: - ~ $ .... :g ~ j 8 ! ~ j ð =:I:Ø::~ u~ ~..ãe::t=~~ ~..2.~..!!,ti1~ .... ;:: ~ k- ~ æ i ~ .W) 8 ~ 5 ~ .- Q ~ ~>~F- ~ .~ ~ ~ ~ :::s ~ ~î ~ ~ ~¡ a! ~ ::1 ~~ ~ I ~ ~ ~ ~ ~ ~ ""'".... 'W "!J ~ In ~ ~ t"'!- ~ .c t.'''' ~~~~~~::sN~ ~ ,~ ~ 8 ~ ~ ~ S ~ tI]'131 ~~~ ~ ~ §tJ5~§ ~ .s~~~ ~ ~ ~) ,8 ~ <:) a ~ CUB ~~~ ~ .§ j ~ tIj ~...... ç~ cu e t '" ~~ ~ f ~ ~ '5 ~ ~i e ~ ~ü ~~~~b·i ~ ~ '; .§ g ~ .g::§ ~ ~ C) 0 q& -\j ~ ":0 fj ~ ,a ~ ~ -£::3 & a ~ tiGO< ~ ~ ~i ~ tq.~ ž ~ t~ ~ ~ ..0 o ~ ëa CJ ....c CI.) ~ cð (1) ~ Q) .s ~ .~ ~ ~ o t:: ~ ~ 5 ~ ~ § ~ ~ a Agenda Item No. 16H6 January 25, 2004 Page 1 of 4 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 pwpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Tom Henning FUNCTIONIEVENT: Urban Land Institute of Southwest Florida Winter Institute 2005 .,-, PUBLIC PURPOSE: Educational program: Trends and Directions in Real Estate Development: "Looking to the Future" DATE OF FUNCTIONIEVENT: February 3, 2005 FISCAL IMPACT: $25.00 Funds to be paid iTom 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 Tom Henning to attend function serving a valid public pwpose. PREPARED BY: Sam Tucker, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: 01125/05 ...,.......,., ""'-., Item Number Item Summary Meeting Date Agenda Item No. 16H6 January 25, 2004 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16H6 Commissioner Henning requests Board approval for reimbursement for attending a function serving a valid public purpose, Commissioner Henning attending the Urban Land Institute of Southwest Florida 8th Annual Winter Institute on February 3rd at the Naples Hilton & Towers, Registration fee of $25,00 to be paid from Commissioner Henning's travel budget. 1/25/20059:00:00 AM Prepared By Date Sam Tucker Board of County Commissioners Executive Aide to the BCC 1/14/20058:43:31 AM BCC Office Approved By Sue Filson Board of County Commissioners Executive Manager to the BCC Date BCC Office 1/14/20059:45 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 1/18/20058:27 AM FROM URBAN LAND INSTITUTE PHONE NO. 1 410 626 7148 Æ~déUteiØfi.¡.~PM P3 January 25. 2004 Page 3 of 4 ____......___...____._~___"._.......~._.......~_.,.¡........~.__,.._.._....___.._.....·_/"''''w_........_.,......._·......·....,;.....--.........._,....,....".....--·-...........---~.-..-....·............-........_.._~.,....- from: coot'dlnatDr@SWFlorida.ull.org Sent: Monday, December 20, 2004 1:36 PM To: Keny O'NEillI Subject: 8118 0512 updated ~rd 12/21/2004 If payment has n~t b~n rècelved prior to the ...gistratio~ .-J deadline date, a credit ca~ guarantee will be required on-slte. No credit card charges will be processed if I payment is received within 1 wee~~~ the meeting da~ IMPORTANT: The followlna ¡"fannatlon must be comDleted: FROM : URBAN LAND I NST I TUTE ULI Southwest Florida Ãl.,th _Annual WlnterlnstJtute . "ursday February 3, 2005 7:30am..1 :30pm 8118-0512 Regló:don TvDes and -Eees: · Member $150 · Non-m.mb~r $185 · Public Sector (non elected) $75 · Elected Government officials $25 · Students $75 · Press Complimentary · Send me ULI Membership Info Registration Deadline: Monday January 31, 2005 After 1/31 caD 239-992-2291 Confirmations will be - tned. Sorry, fax, ohecks and P.O. received Jr the registration deadline will not be included in meeting registry or guaranteed a prepared name badge. Add 15.00 to registration fee after deadline Refund reauests m48t be submitted in writing no later than the above registration deadline; refund requests win not be accepted after this date. Fax request to: 202-824-7147. ULI Member ID * PHN: NO. 1 41Ø 626 7148 "~nd~~t~~o_Øffi~~M P2 . January 25, 2004 Page 4 of 4 REGISTRA TIONFORM Payment Methods: (PleaSfJ check the appropriate box) · CREDIT CARD; -" FAX: 1-800-248-4585 . Visa. Mastercard . AMEX . Diners . Discover . Carte Blanche ;' Card Number: -" Ðcp_ Date: ;' Signature · CHec~: / CALL: 1-800-321-60" - Telephone registration Is reaui~g to ensure Inclusion In the registry of attendees and to obtain a prepared name badge. / Make Checks Payable to: ·~~I Southwes.t Florida / Mail check with completed;ntgistratlon fonn to: ULI Southwest. Florida District Counci~ meeting 8118-0512 Department 30~ Washington, DC 20055-0304 · PURCHASE ORDER: (PUb~c Agencies Only) / FAX: '''00-248-4686 - Fax bopy of signed P.O. and completed registration form to ensu.... inclusion In r:neetlng registry of attendees and 10 obtain a prepared name badge. " payment to follow by chec~ p~yable to: UU Southwest Florida ,/ Mail check with Purchase Order .& oñginal reg.stratfon tonn to: ULI Southw.stiF/orlda , District Council! meeting 8118-0512 Departmen1 304 ' Washington, DC 20055-0304 Neme 11t1e Infonnal Name for Badge Company Address CitylStatelZip Telephone Fax E-Mail- 8118-0612 . . ,--. . ..................,.~ Agenda Item No. 1611A January 25, 2005 Page 1 of 3 BOARD OF COUNTY COMMISSIONERS NITSCELLANEOUSCORRESPONDENCE January 25, 2005 1. NITSCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: l. 2. 3. 4. 5. 6. .-~ 7. 8. Disbursements for November 6. 2004 through November 12.2004. Disbursements for November 13. 2004 through November 19. 2004. Disbursements for November 20. 2004 through November 26. 2004. Disbursements for November 27.2004 through December 3. 2004. Disbursements for December 4. 2004 through December 10. 2004. Disbursements for December 11. 2004 through December 17. 2004. Disbursements for December 18. 2004 through December 24. 2004. Disbursements for December 25. 2004 through December 31. 2004. FOR BOARD ACTION: B. Minutes: ---..., H:Data/Format .^.. -,._...., ._., ·>·"__,,,_~,~,·."",".H'" 1. Environmental Advisory Council- Agenda for January 5, 2005; Minutes of June 2, 1999; Minutes of December 1,2004; January 5,2005 - Final Plat & Construction Plans; and Planned Unit Development PUDZ-2004- AR-5611. 2. Collier County Hispanic Affairs Advisory Board - Minutes of September 30,2004; Minutes of October 28,2004, and November 18,2004. 3. Collier County Airport Authority- Minutes of December 15, 2004. 4. Bayshore Beautification M.S.T.U. - Minutes of December 8,2004. 5. Development Services Advisory Committee - Minutes of December 1, 2004. a) Budget & Operations Sub-Committee - Minutes of December 8, 2004. Agenda Item No. 1611A January 25,2005 Page 2 of 3 6. Collier County Planning Commission -Agenda for January 6, 2005; Minutes of the December 2, 2004 Meeting. 7. Collier County Citizens Corps Advisory Committee - Agenda and Minutes for: August 25,2004; September 15, 2004; October 20,2004; November 17, 2004; and December 13, 2004. 8. Conservation Collier Land Acquisition Advisory Committee - Agenda for January 10, 2005; Minutes of December 13, 2004; Fonn B - Voting Conflict for Marco Espinar ; Ellen Goetz; and Kathy Prosser. 9. Forest Lakes Roadway and Drainage M.S.T.U. - Agenda for January 12, 2005; Minutes of December 8, 2004. 10. Collier County Library Advisory Board - Agenda for December 8, 2004; Minutes of October 27,2004. 11. Pelican Bay Services Divison - Agenda for January 5, 2005; Minutes of December 1,2004. Statement of Revenues and Expenditures ending December 23, 2004. a) Budget Sub-Committee Minutes for November 23.2004 ..''''-''''. 12. Productivity Committee Meeting - Minutes of November 17, 2004. ~-. H:DatalFormat Item Number Item Summary Meeting Date COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1611 Miscellaneous items to file for record with action as directed. 1125/2005 9:00:00 AM Agenda Item No. 1611A January 25, 2005 Page 3 of 3 Prepared By Kathleen Martinson Board of County Commissioners Administrative Aide to BCC BCC Office Date 1/14/2005 1 :47:06 PM Approved By Sue Filson Board of County Commissioners Executive Manager to the BCC BCC Office Date 1/14/2005 1 :49 PM Approved By James V. Mudd -'., Board of County Commissioners -. County Manager County Manager's Office Date 1/14/2005 6:17 PM Agenda Item No. 16J 1 January 25,2005 Page 1 of 3 EXECUTIVE SUMMARY IU!:COJÐŒND THAT '1'BE BOARD 01' COtm'rY ComaSSIONBRS APPROVE A DOCUMENT FOR NJ:N'1'B YEAR STATE CRIMINAL ALJ:EN ASSISTANCE PROGRAM (SCAAP ) GRANT FUNDS. ------------------------------------------------------------------- OBJECTIVE: To seek consent from the Board of County Commissioners for a signatory approval letter for ninth year State Criminal Alien Assistance Program (SCAAP) grant funds. CONSIDERATION: On January 27, 2004 Board Chairman Donna Fiala designated Sheriff Don Hunter as the signing official and contact person for eighth year State Criminal Alien Assistance Program (SCAAP) funding. A letter signed by the current Board Chairman is needed that indicates Board designation of Sheriff Don Hunter as ninth year SCAAP grant funds signing official. FJ:SCAL IMPACT: Potential award of funds is for costs associated with incarceration of aliens. This would be an outright award with no required local match or other expenditure. ~""-'''''' GROWTB MANAGEMENT: Approval of this item will have no impact on growth management. RECOMMENDATION: That the Board of County co~ssioners approve the ninth year SCAAP grant signatory approval letter. , ~~I.<~ PREPARED BY: DATE: APPROVED BY - PJJ~o/~~ ~~ ~~ 3301 East Tamlaml Trail · Naples. Florida 34112· 4977 (239) 774-8D97 · Fax (239) 774-3602 Agenda Item No. 16J1 January 25.2005 Pag Donna Fiala District 1 Frank Halas District 2 Tom Henning DistriCt 3 Fred W. CC7)IIe District 4 Jim Coletta District 5 January 25, 2005 SCAAP 2004 Bureau of Justice Assistance Control Desk 810 Seventh Street, NW Washington, DC 20531 Re: Designated Official For SCAAP application Ladies and Gentlemen: Pursuant to a Bureau of Justice Assistance (BJA) State Criminal Alien Assistance Program (SCAAP) compliance requirement, as the Chairman of the Collier County Board of Commissioners, I approve and designate Don Hunter, Sheriff, Collier County, Florida, as the signing official and contact person for application for SCAAP funding. Sincerely, Fred W. Coyle Chairman Collier County Commission a,ssdel 95 ~~..tø_~..m.¡~ ()"'-. - ~"_.-....... ·....at CoatJ Attaraot -, Item Number Item Summary Meeting Date Approved By Michael Smykowski County Manager's Office Agenda Item No. 16J1 January 25, 2005 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16J1 Recommend that the Board of County Commissioners approve a document for Ninth Year State Criminal Alien Assistance Program (SCAAP) Grant Funds. 1/25/20059:00:00 AM Management & Budget Director Date Office of Management & Budget 1/14/20059:42 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 1/14/20055:42 PM Agenda Item No. 16J2 January 25, 2005 Page 1 of 29 EXECU'l'IVE SUMMARY RECOIOIJ!:HD THAT '1'!Œ BOARD OF COUNTY COMHISSIONERS SERVE AS '1'ID: LOCAL COORDINAT:ING UNIT OF GOVERNKBNT IN '1'JŒ FLORIDA DEPARTIŒN'l' 01' LAW BNI'ORCDŒNT'S EDWARD BYRNE IŒMORJ:AL STA'l'B AND LOCAL LAW DØ'ORCJ!:HI!:N'1' ASSISTANCE I'ORMULA GRAN'!', APPROVE '!'BE SHERIFI" S OFFICE GRAN'!' APPLICATION, AUTHORIZE ACCEPTANCE 01' THE GRANT AWARD, AND APPROVE ASSOCIATED BUDGET 1t.MI!:NDKI:N'1S. OBJEC'l'J:VE: To seek appointment of the Board of County Commissioners (BCC) as the coordinating unit for local application for the Florida Department of Law Enforcement's Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant, approve the Sheriff's Office grant application, authorize acceptance of the award, and approve associated budget amendments for a grant program to improve the Florida Department of Law Enforcement (FDLE) Alcohol Testing Program in the 20th Judicial Circuit. CONSIDERATION: ,..--" 1. The BCC has participated in the Edward Byrne Grant program for sixteen years. Collier County programs have proven to be valuable projects. The Florida Department of Law Enforcement has allocated $25,400 to Collier County to purchase and distribute Intoxilyzer 8000s and printers for a program to improve the FDLE Alcohol Testing Program in the 20th Judicial Circuit. The Sheriff's Office will seek this funding as the appointed lead agency to purchase and distribute the intoxilyzers and printers in the 20th Judicial Circuit. As required by Chapter 11DS of the Florida Administrative Code the FDLE approved instrument is the Intoxilyzer 8000. This instrument in only available for purchase from CMI, Inc., as they are the sole manufacturer. BCC approval is needed for: the BCC to continue in the capacity of local coordinator, the Sheriff's Office grant application for the FDLE Alcohol Testing Program in the 20th Judicial Circuit, to authorize acceptance of the award, and associated budget amendments. 2. 3. 4. 5. FISCAL IMPACT: None. $19,050 (75%) of funds provided from the Byrne Grant and the $6,350 (25%) match funds are provided from the Florida Department of Law Enforcement. GROWTH MANAGEMENT: growth management. Approval of this item will have no impact on RECOMMENDATION: That the BCC agrees to be the local coordinating unit of government and authorizes the Board Chairman to execute the grant application documents, authorize acceptance of the grant award, and approve associated budget amendments. .. PREPARED BY: _. APPROVED BY: Application for Funding Assistance Florida Department of Law Enforcement Edward B rne Memorial State and Local Law Enforcement Assistance Formula Grant Pro ram Agenda Item No. 16J2 January 25,2005 29 Please read instructions before completing this application. · The term "Department", unless otherwise stated, refers to the Department of Law Enforcement. · The term "OCJG" refers to the Office of Criminal Justice Grants. · The term ·subgrant recipient" or "subgrantee" refers to the governing body of a city, county, state agency, or an Indian Tribe that performs criminal justice functions as determined by the U.S. Secretary of the Interior. · The term "Implementing agency" is a subordinate agency of a city, county, state agency, or Indian Tribe, or an agency under the direction of an elected official (for example, Sheriff or Clerk of the Court). It may also be an entity eligible to be a subgrantee (ex. City of Live Oak) · Instructions are incorporated in this document by reference. -, A. Subarant Data 1. This section to be completed by Subgrantee 2. This section to be comoleted b OCJG Continuation of Previous Subgrant? D Yes X No Project ID # I Program Area #: CFDA #: 16.579 If Yes, enter CJ Contract # of Previous Subgrant 2002- 22 SFY 2003 CJ Contract # SFY 2005 CJ Contract # 2003- CJ - - - - - - - - - 2005-CJ-_-_-_-_-_ - B. Applicant Information 1. Subarant Reclolent (Subgrantee) Name of Subgrant Recipient (Unit of Govemment): Collier County Commission County Name of Chief Elected Official I State Agency Head: Fred W. Coyle Title: Chairman, Collier County Commission Collier Address: 3301 Tamiami Trail East, Building F Area Code I Phone # 239-774-8393 City, County, State, Zip Code: Naples, Collier, Florida 34112 SUNCOM # 239-774-8393 E-mail Address: FredCovle@collieraov.net Area Code I Fax # 239-774-3602 2. Chief Financial OffIcer of Subarant Reclol.nt (Subarantee) Name of Chief Financial Officer: James Mitchell County Collier Title: Finance Director, Deputy Clerk Address: 3301 Tamiami Trail East, Court Plaza 111/2 Area Code I Phone # 239-774-8404 City, County, State, Zip Code: Naples, Collier, Florida 34112 SUNCOM # 239-774-8404 E-mail Address: JimMitchell@colliergov.net Area Code I Fax # 239-774-6179 3. Implementing Aoencv Name of Implementing Agency: Collier County Sheriff's Office County Name of Chief Executive Official I State Agency Head / Subgrantee representative Collier (if a subordinate agency of the subgrant recipient): Don Hunter Title: Sheriff Address:3301 Tamiami Trail East, Building J Area Code I Phone # 239-774-4434 City, County, State, Zip Code: Naples, Collier, Florida 34112 SUNCOM # 239-774-4434 E-mail Address: sheriff@colliersheriff.org Area Code I Fax # 239-774-5735 FDLE Byrne Formula Grant Application Package Intoxl/yZer BOOO - Pha.."1 Grant Application Page 1 OCJG - 005 (rev. 12129/04) Rule 110-9.006 Application for Funding Assistance ~ Florida Department of Law Enforcement Edward B rne Memorial State and Local Law Enforcement Assistance Formula Grant P Agenda Item No. 16J2 January 25, 2005 29 ram 4. Project Director Name of Project Director: Harold J. Minch County (Implementing Agency Employee) Collier Title: Ueutenant (STEB Unit) Address: 3301 Tamiami Trail East, Building J Area Code I Phone # 239-793-9513 City, County, State, Zip Code: Naples, Collier, Florida 34112 SUNCOM ## 239-793-9513 E-mail Address: NIA Area Code I Fax # 239-793-9189 5. Contact Person Name of Contact Person: Joyce Houran County (if other than Project Director) Collier Title: Grant Coordinator Address: 3301 Tamiami Trial East, Building J-1, Finance Division Area Code I Phone # 239-793-9346 City, County, State, Zip Code: Naples, Collier, Florida 34112 SUNCOM , 239-793-9346 E-mail Address: grants @ colliersheriff .org Area Code I Fax # 239-793-9405 6. Person ResDOnslble For Financial Reporting (If known) County Name: Joyce Houran Collier Title: Grant Coordinator Address: 3301 Tamiami Trail East, Building J-1 Area Code I Phone # 239-793-9346 City, County, State, Zip Code: Naples, Collier, Florida 34112 SUNCOM , 239-793-9346 E-mail Address: grants@colllersheriff.org Area Code I Fax # 239-793-9405 7. Person Responsible For Programmatic Performance Reporting (If known) Name: Joyce Houran County Collier Title: Grant Coordinator Address: 3301 Tamiami Trail East, Building J-1, Finance Division Area Code I Phone ## 239-793-9346 City, County, State, Zip Code: Naples, Collier, Florida 34112 SUNCOM , 239-793-9346 E-mail Address: grants@colliersheriff.ora Area Code I Fax # 239-793-9405 8. Service Provider Contact Person Name: NIA County Title: Address: Area Code I Phone # City, County, State, Zip Code: SUNCOM , E-mail Address: Area Code I Fax ## FDLE Byrne Formu" OrM' Appltc.tIon P/lCkage Rule 110-9.006 Into1Cltvzer 8000 - PhIl.. '" OrM' Application Page 2 OCJG - 005 (rev. 12/29104) ","",---"""'..............._,....._..~"~..¡",.....","',."""..," -.- -, Application for Funding Assistance Florida Department of Law Enforcement Edward B rne Memorial State and Local Law Enforcement Assistance Formula Grant P ram C. Administrative Data 1. Project Title: Intoxilyzer 8000 - Phase 3 - Circuit -2Q.... 2. Identify the year of the project (1, 2, 3, etc.) 1 3. Project period I Start: 02/01/05 I End: 07/31/05 D. Fiscal Data Remit Warrant to: (This may only be either the individual listed in B2 (Subgrantee CFO) or a designee in their office. If B21s selected do not reenter the contact information. This Is onlv needed for desianee. B2 X OR DESIGNEE Name: Title: Address: City, State, Zip Phone Number: 2. Is the subgrantee participating in the State of Florida Comptroller's Office electronic transfer Dl'oaram? (Reimbursement cannot be remitted to any entity other than the subgrantee.) Yes No~ 3. Frequency of Fiscal Reporting: Monthly_ Quarterly X 4. Subgrant Recipient FEID #: 59-6000-558 5. State Agency SAMAS #: N/A 6. Project Generated Income (PGI): Will the project earn PGI? (See Section G, Item 9.) Yes_ No-X 7. Cash Advance: Will you request an advance? Yes_ Amount No K.- If yes, a letter of request must be submitted with the application or prior to submission of the first claim for reimbursement. Amount requested must be justified and accepted by FDLE. ,-, FDLE Byrne Formu" Grant Aøø/lcatlon Packlløe Rule 11 D-9.oo6 Intoxllyzer BODO - Phø.,II G,.."t Application Page 3 OCJG - 005 (rev. 12/29/04) Application for Funding Assistance Florida Department of Law Enforcement Edward B ne Memorial State ànd Local Law Enforcement Assistance Formula Grant Pro ram Agenda Item No. 16J2 January 25, 2005 29 E. Project Narrative 1. Problem Identification: Briefly describe the specific problem to be addressed with subgrant funds in terms of Problem Description, Problem Significance and Needs Assessment. The Florida Department of Law Enforcement (FDLE) has statutory authority to approve methods of analysis for breath alcohol testing for use in investigations involving driving under the influence (Florida Statute 316), commercial motor vehicles (Florida Statute 322) and boating under the influence (Florida Statute 327). Specifically, the Alcohol Testing Program has the authority to approve breath test instrumentation for evidentiary use within Florida. The breath test instrumentation currently being used in Florida is approaching fourteen (14) years in age and is fast becoming obsolete. There is newer technology available which would provide a better-suited evidentiary breath test instrument to all criminal justice agencies for the purposes of facilitating a breath alcohol test. The new instrument that has been approved by the FDLE Alcohol Testing Program is the Intoxilyzer 8000 (See Chapter 11 D-8, Florida Administrative Code). The use of the Intoxilyzer 8000 will bring the breath alcohol testing methodology and instrumentation used within the state to the forefront of technology. At a minimum, the new instrumentation will offer the ability to measure the alcohol concentration of a person's breath specifically for alcohol, it will offer a "mobile" breath test for use by criminal justice agencies involved in boating under the influence investigations, and it will allow a networking capability, through the use of computers, so the Alcohol Testing Program may better monitor each instrument individually and maintain statistics necessary to successfully evaluate breath alcohol testing within the state. Some of the breath test instrumentation currently being used (Intoxilyzer 5000) in Florida is approaching fourteen (14) years of age. Over 60% of the breath test instruments being used are over 11 years in age. Within the next couple of years, the manufacturer of the current breath test instrumentation may cease production of parts necessary to repair these instruments and they will no longer be available for use. Currently, there are two "types" of Intoxilyzer 5000 instruments and three "types" of software used in the breath test instrumentation. Use of the Intoxilyzer 8000 would bring statewide consistency to breath alcohol testing and have available one type of instrument and one type of software. The Intoxilyzer 8000 will provide the criminal justice agencies in Florida with breath test instrumentation that is of the most advanced technology and of the highest scientific reliability. FDLE Byrne Formul. G,..nt Appllc.tlon P.ck.ge Infoxl/yzeT 8000 - Phue III Grant AøøllctltIon Page 4 OCJG - 005 (rev. 12/29104) Rule 11 D-9.006 "-'., Edward B Application for Funding Assistance Florida Department of La~ Enforcement e Memorial State and Local Law Enforcement Assistance Formula Grant Pro ram Agenda Item No. 16J2 January 25, 2005 29 Improved instrumentation will offer the following: · The ability to specifically quantitate alcohol; · A "mobile" evidentiary breath test for use by criminal justice agencies involved in boating under the influence investigations or in DUI checkpoints; · Networking capability so that the Alcohol Testing Program can begin maintaining statistics necessary to successfully evaluate breath alcohol testing in the State. Such information will be loaded into a central database at FDLE. This will allow FDLE to determine the number of breath tests performed and the average breath test result in Florida. This information will facilitate Alcohol Testing Program planning and provide information for policy makers at the state, county or agency level. FDLE Byrne Formul. Gr.nt App,lc.,/on P.cOIIII In'oxllyzer BODO - Ph...IU Gr.nt Appllclltlon Page 5 OCJG - 005 (rev. 12/29104) Rule 11 D-9.006 Edward B Application for Funding Assistance Florida Department of Law Enforcement e Memorial State and Local Làw Enforcement Assistance Formula Grant Pr Agenda Item No. 16J2 January 25, 2005 29 ram 2. Project Description: Briefly describe proposed project activities. This section should address the basic points of who, what, when, where, and how. It is the goal of the Alcohol Testing Program to bring the breath alcohol testing methodology and instrumentation used within the state to the forefront of technology. At a minimum, the new instrumentation will offer the ability to measure the alcohol concentration of a person's breath specifically for alcohol. The instrumentation will offer a "mobile" breath test for use by criminal justice agencies involved in boating under the influence investigations as well as allowing a networking capability through the use of computers. This capability will allow the Alcohol Testing Program to better monitor each instrument individually and maintain statistics necessary to successfully evaluate breath alcohol testing within the state. Information will be loaded into a central database at FDLE, which will provide extensive networking capability throughout the state. Information including, but not limited to, the subject, the case, the number of breath tests a particular agency performs within a given period, and the breath alcohol result can be obtained from the database. This will allow FDLE to determine the number of breath tests performed and the average breath test result in Florida. This information will facilitate Alcohol Testing Program planning and provide information for policy makers at the state, county or agency level. The Collier County Sheriff's Office will purchase and distribute four of Intoxilyzer 8000 and four of Printers, which will be used to print data obtained by the Intoxilyzer 8000. Distribution of the equipment will be as follows: Aaency Number of Intoxllvzer 8000s Number of Printers LEE COUNTY: Lee County Sheriff's Office 1 1 COLLIER COUNTY: Collier County Sheriff's Office 2 2 HENDRY COUNTY: Hendry County Sheriff's Office 1 ~ 1 ~ TOTAL Numbers FDLE Byrne Formula Giant AÞØI/c.tIon PM:Uge Rule 11 D-9.006 'ntoxllyzør 8000 - Ph... III Grø1t AÞØlIcllUon Page 6 OCJG - 005 (rev. 12/29104) - Edward B 'Application for Funding Assistance Florida Department of La~ Enforcement e Memorial State and Local Law Enforcement Assistance Formula Grant Pro ram Agenda Item No. 16J2 January 25, 2005 29 Program Objectives and Performance Measures: a. The Objectives and Measures for this program have been pre-established. b. You will need to include the numerical accomplishments for the measures. Enter the total number for the grant period in column 3. For example, if 5 instruments will be purchased, enter 5 in column 3. a. List the number and title of the Program Area to be addressed. 22 (#) DUI Enforcement and Prosecution (Title) b. Uniform Obiectives: Enter the total number for the grant period in column 3. For example, if instruments will be purchased, enter 5 in column 3. -, Purchase a specified number of evidentiary breath test instruments. 022.06 Part 1 - During this reporting period, how many evidentiary breath test instruments did you purchase? Purchase a specified number of computer I printer I software packages. 022.07 Part 1 - During this reporting period, how many computer I printer I software acka es did ou urchase? Distribute a specified number of evidentiary breath test instruments to criminal justice breath test facilities in Florida. 022.08 Part 1 - During this reporting period, how many evidentiary breath test instruments did you distribute? List the number by location in the narrative ortion of the re ort. Distribute a specified number of computer I printer I software packages to criminal justice breath test facilities in Florida. 022.09 Part 1 - During this reporting period, how many computer I printer I software packages did you distribute? List the number by location in the narrative ortion of the re ort. .- FDLE Byrne FormUM GrIInt AÞøllcldløn Packa. Rule 11 D-9.006 Intoxllyzer BOOO - Ph... III Grant Aøølk:llUon Page 7 OCJG - 005 (rev. 12/29/04) Application for Funding Assistance Florida Depa~ment of Law Enforcement Edward B me Memorial State and Local Law Enforcement Assistance Formula Grant Pro ram Agenda Item No. 16J2 January 25, 2005 29 4. Activitv Imølementation Schedule. Complete the Activity Implementation Schedule showing when activities in the Program Description will commence and how the project will progress. This chart benchmarks planned activities, both administrative and programmatic. An "X" has been inserted for reports with mandatory due dates for all projects. Place an additional "X" to indicate times applicable to your project, as illustrated for quarterly program reports. Make a detailed listing of key activities under the heading "Programmatic Activities." Your Quarterly Performance Reports will be reviewed against this schedule. Subgrant Period (Beginning Date - Ending Date) Administrative Activities ACTIVITY Oct Nov Dec Jan Feb Mar ADr Mav Jun Jul Aua SeD Submit Financial Reimbursement X Requests Submit Financial Closeou1 Package X Submit Quarterly Program Reports X X Submit Quarterly PGI Reports (If applicable) Programmatic Activities (Continue on a second page if necessary.) Be sure to include activities mentioned in the Project Description ACTIVITY Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sap Order Intoxilyzer 8000 instrument(s) X Order printer(s) X Receive Intoxilyzer 8000 instrument(s) X Receive printer(s) X Distribute Intoxilyzer(s) X Distribute printer(s) X FDLE Byrne Formula Grønt App/lcaUon Package Intoxllyzer 8000 - Phil.. III Grant Application Page 8 OCJG - 005 (rev. 12/29/04) Rule 11 D-9.D06 '."'__'fi""00" ~ ""'-', Application for Funding Assistance Florida Department of Law Enforce~ent Edward B rne Memorial State and local Law Enforcement Assl8tance Formula Grant Pr Agenda Item No. 16J2 January 25, 2005 29 ram F. Pro eet Bud et 1. Bud et Schedule a. The Project Budget Schedule includes five Budget Categories (Salaries and Benefits, Contractual Services, Expenses, Operating Capital Outlay, and Indirect Costs) and Total Project Costs. Only Expense or Operating Capital Outlay may be used for this program. b. Enter the amount of federal, matching, and total funds by budget category that you will use to support project activities. Enter dollar amounts only in applicable categories based on totals from the Budget Narrative and leave others blank. Total Match must be 25 percent of the Total Budget. c. Show all figures rounded to the next highest dollar; do not include cents. (Example $4,505.25 as $4,506). Type or Print Dollar Amounts Only in Applicable Categories and leave Others Blank. Budget Category Federal Match Total -'-" Contractual Services Salaries And Benefits Expenses $1 ,125 $375 $1,500 Operating Capital Outlay $17,925 $5,975 $23,900 Indirect Costs ". ~,;'.,,^-, I' ".,.'4 P'~~" I" I".. u I 1- " ~ iI'" ,..J.'~u.~ '~'riÌ'1'"!"1"'I..':tr!if'-' '1-x.,:,.'t;\1""ì~",\r~~'l'i¡'I!I'I::;~I'~ill ~+ï. - ..h~ .,~,-'", ',' I 1(' , . 'l I",,~ jJ~' I ..¡.'.. >:. .) !J1~¡;'~"'\ \ ¡ ".!if "I"':\':I;~'I'" '.' , I, ,';\.' "';jL~'.) - ,¡: ',_ ~ In '¡~:r . 1 ~ I~' t J . I ' I' I" h ". 'I)j "~tJ '_"r~ I]> ;r,t , 't' '.'''''''- ~·1. 'j ~i: 111 IjJ,r:r,.> J ì·;~/,' ~";~I I ¡ I, ) ,j I ' ' ..1 j ." 'I ~" 11~ 1 ¡ ''',i¡1 :lltt I l' ¡;:~I' , .' ,I ~hj1.;1':~~~" ,'"~ '" t}i~II',~~\¡~ ~",'1 I' 1 'L ':\!J,.:'~il / I, l':""r J:¡,¡ I þ.' ¡ .."" ' . , \ It ii' ('! 1 _'..4 t' ~ ~11î'1ö.f'I~I¡lj~!¡O' \:~ ~,~. It I ' ,'- ,,'., ,~ 'L','llr'J ^"~If~~ ...(¡.....,ir~·'-I!- ;,,,1,.,") rl\~~ ~ fl~~~~~p~'/ft~¡..~' ..~1 :' ~'t ',!-,' ... "~~... ¡t,~\::, '! ,'rJ\~>l, (/I"~~"~:',iJ'I~'¡I;f.~,\....\ 11, "'1:,rlfl-~r~"",I~. t: ~ :.:!.I,..",Ç~\..., +I-t' ~ì ~"A,"'~~1'r(' 1'.....,' ,'<:0:1 '! 11\ I, '~', r,:~~ 1 ,~,1,.1 ,.JJ,"""'~ ,.'''Jt!''''~tJ~I...-., ..,~,!lilifJ"I.o~Vr f'l "~~"I),.(;i.L~~I'l.i~ Totals $19,050 $6,350 $25,400 -. FDLE Byrne Formulll Gl'lInt Aøøllt:lltlon Package Rule 11D-9.oo6 Intoxllyzer BODO - PM.. III Gum' Aøøllclltion Page 9 OCJG - 005 (rev. 12129104) Agenda Item No. 16J2 January 25,2005 Page 11 of 29 Application for Funding Assistance Florida Department of Law -Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Proaram 2. Bud et Narrative a. The Project Budget Narrative may reflect costs in only the two appropriate budget categories (Expenses or Operating Capital Outlay (OCO». The Total Project Costs should be included. b. Reimbursements will only be made for items clearly identified in the budget narrative. c. Costs must not be allocated or included as a cost to any other federally financed program. Continue on additional a es if necessa . Please respond to the following five items before providing the details of the Budget Narrative. 1. Source of match must be cash and represent no less than 25% of the project's cost. a. Identify your specific source(s) of matching funds. Match will be provided by the Florida Department of Law Enforcement. b. Is match available at the start of the grant period? Yes. 2. If Salarie$ and Benefits are included in the budget as Actual Costs for staff in the implementing agency, is there a net personnel increase, or a continued net personnel increase from the initial year? NIA No: Yes: If no, please explain. If yes, please list number and title of position and type of benefits. 3. Indicate the OCO threshold established by the subgrantee. $750.00 4. If Indirect Cost is included in your budget please indicate the basis for the plan (e.g. percent of salaries and benefits), and provide documentation of the appropriate approval of this plan. NIA FDLE Byrne Formula Gl'llnt App/lcatlon Package Rule 11 D-9 .006 Intoxllyzer 8000 - Phas. III Grant AppllClltlon Page 10 OCJG - 005 (rev. 12/29104) nl""';¡" ",--.,__"""",,,,,,...,,," Agenda Item No. 16J2 January 25, 2005 Page 12 of 29 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program .- 5. If the budget includes services based on unit costs, be sure to provide a definition and cost for each service as part of the budget narrative for contractual services. Provide the following information. a. What is the basis for the unit costs? Bid for equipment obtained by FDLE on behalf of applicant. Provider will be CMI, INC. . Unit cost is $5975 for the following package of equipment. Each package includes: CMllntoxilyzer 8000 (#002480FL); internal printer; modem; badge reader; mobile gas delivery system; Scott V.08 gas cylinder; 3 rolls of printer paper; 100 mouthpieces; and a two year limited factory warranty. . Unit cost for each external printer is $375. b. How recently was the basis established or updated? February 2004 Salaries and Benefits: None Contractual Services: None -. Expenses: 4 @ $375/printer = $ 1 .500 Oøeratina Capital Outlav (OCO): 4 Intoxilyzer 8000 packages @ $5975/ package = ,$23.900 Indirect Costs: None TOTAL BUDGET: $25,400 >-" FDLE Byrne Formul. Gf'IInt Appllc.tlon P.ck./IfI Rule 11 D-9.006 Intoxllyzer 8000 - Ph... III Gr.nt Appllclltlon Page 11 OCJG - 005 (rev. 12/291(4) Agenda Item No. 16J2 January 25, 2005 Page 13 of 29 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program G. Conditions of Acceptance and Agreement Conditions of agreement requiring compliance by units of local govemment (subgrant recipients), implementing agencies and state agencies upon signed acceptance of the subgrant award appear in this section. Upon approval of this subgrant, the approved application and the following terms of conditions will become binding. Failure to comply with provisions of this agreement will result in required corrective action up to and including project costs being disallowed and termination of the project, as specified in item 16 of this section. 1. All Subgrant Recipients must comply with the financial and administrative requirements set forth in the current edition of the U.S. Department of Justice, OffIce of Justice Programs (OJP) Financial Guide and Byrne Program Guldancs Document as well as Florida laws and regulations Including the Florida Administrative Code Chapter 11 D-9, Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program. 2. Allowable Costa a. Allowance for costs incurred under the subgrant shall be determined according to the general principles of allowability and standards for selected cost items set forth in the OJP Financial Guide, U.S. Department of Justice Common Rule for State And Local Governments and federal OMS Circular A-87, ·Cost Principles for State~ Local and Indian Tribal Governments·, or OMS Circular A-21, ·Cost Principles for Educational Institutions .. b. All procedures employed in the use of federal funds for any procurement shall be according to U.S. Department of Justice Common Rule for State and Local Governments, or OMS Circular A-11 o and Florida law to be eligible for reimbursement. 3. Reports a. Project Performance Reports (1) Reporting Time Frames: The subgrant recipient shall submit Quarterly Project Performance Reports to OCJG by February 1, May 1, August 1, and within forty-five (45) days after the subgrant termination date. In addition, if the subgrant award period is extended beyond the ·original· project period, additional Quarterly Project Performance Reports shall be submitted. Failure to submit Quarterly Performance Reports that are complete, accurate and timely may result in sanctions, as specified in item 16 of Section G, performance of Agreement Provisions. (2) Report Contents: Performance reports must include both required sections, the quantitative response (in response to specific objectives and measures) and the qualitative narrative. The narrative must reflect on accomplishments for the quarter, incorporate specific items specified for inclusion in performance measures, and also identify problems with project implementation and address actions being taken to resolve the problems. b. Financial Reports (1) The subgrant recipient shall have a choice of submitting either a Monthly or a Quarterly Financial Claim Report to the OCJG. Monthly Financial Claim Reports (1-11) are due thirty-one (31) days after the end of the reporting period. Quarterly Financial Claim Reports (1-3) are due thirty-one (31) days after the end of the reporting period. In addition, if the subgrant award period is extended, additional Financial Claim Reports shall be submitted. A final Financial Claim Report and a Criminal Justice Contract (Financial) Closeout Package shall be submitted to OCJG within forty-five (45) days of the subgrant termination period. Such claim shall be distinctly identified as ·final·. (2) All claims for reimbursement of subgrant recipient costs shall be submitted on the Financial Claim Report Forms prescribed and provided by the Office of Criminal Justice Grants. A subgrant recipient shall submit either monthly or quarterly claims in order to report current project costs. Reports are to be submitted even when no reimbursement is being requested. (3) All claims for reimbursement shall be submitted in sufficient detail for proper pre-audit and post-audit. FDLE Byrne Formula Grant APØllclltfon Package Rule 11 D-9.006 Inloxllyzer 8000 - Phase III Gnnt ApplIcation psgs 12 OCJG - 005 (rev. 03101/04) "'"''''',ä__-_I '<f:''''''''''rIIMIIIIIJII''''__ r~'t~"'"""""""'''."''"'·'''··'';'J Agenda Item No. 16J2 January 25, 2005 Page 14 of 29 Application for Funding Assistance Florida Department of Law Enforcement Edward Bvrne Memorial State and Local Law Enforcement Assistance Formula Grant Proaram (4) Before the "final' claim will be processed, the subgrant recipient must submit to the Department all outstanding project reports and must have satisfied all special conditions. Failure to comply with the above provisions shall result in forfeiture of reimbursement. (5) The subgrant recipient shall submit Quarter1y Project Generated Income Reports to OCJG by February 1, May 1, August 1, and within forty-five (45) days after the subgrant termination date covering subgrant project generated income and expenditures during the previous quarter. (See Item 10, Program Income.) c. Other Reports The subgrant recipient shall submit other reports as may be reasonably required by OCJG. 4. Fiscal Control and Fund Accounting Procedures a. The subgrant recipient shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All funds spent on this project shall be disbursed according to provisions of the project budget as approved by OCJG. b. All contractual expenditures and cost accounting of funds shall conform to OJP Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments, and federal Office of Management and Budget's (OMS) Circulars A-21, A-87, and A-110, In their entirety. c. All funds not spent according to this agreement shall be subject to repayment by the subgrant recipient. -, 5. Payment Contingent on Appropriation The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Florida Legislature. 6. Obligation of Subgrant Recipient Funds Subgrant funds shall not under any circumstances be obligated prior to the effective date or subsequent to the termination date of the subgrant period. Only project costs incurred on or after the effective date and on or prior to the termination date of the subgrant recipient's project are eligible for reimbursement. 7. Advance Funding Advance funding may be authorized for up to twenty-five (25) percent of the federal award for each project according to Section 216.181(16)(b}, Florida Statutes, the OJP Financial Guide, and the U.S. Department of Justice Common Rule for State and Local Govemments. Advance funding shall be provided to a subgrant recipient upon a written request to the Department justifying the need for such funds. This request, including the justification, shall be either enclosed with the subgrant application or submitted to the Department prior to the first request for reimbursement. Justification should address a 30/60/90-day need for cash based on the budgeted activities for the period. 8. Reimbursement Subject to Available Funds The obligation of the State of Florida to reimburse subgrant recipients for incurred costs is subject to available federal Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program funds. 9. Travel and Training a. All travel reimbursement for out-of-state or out-of-grant-spectfied work area shall be based upon written approval of the Department prior to commencement of actual travel. Subgrant recipients shall obtain written approval from the Department for reimbursement of training costs and related travel prior to commencement of training, If the specific training was not listed in the approved budget. Subgrant recipients shall obtain written approval from the Department for reimbursement of travel costs for field trips that were not listed in the approved project description and budget. b. The cost of all travel shall be reimbursed according to local regulations, but not in excess of provisions in Section 112.061, Florida Statutes. -, c. All bills for any travel expenses shall be submitted according to provisions in Section 112.061. Florida Statutes. FDLE Bym. Formul. Gr.nt Appllc.tlon P.ck.øe Rule 11 D-9.006 Intoxllyzer 8000 - Ph... III Gnmt Appllc.tlon Page 13 OCJG - 005 (rev. 03101104) · Agenda Item No. 16J2 January 25, 2005 Page 15 of 29 Application for Funding Assistance Florida Department of Law Enforcement Edward B e Memorial State and Local Law Enforcement Assistance Formula Grant Pr ram 10. Program Income (also known as Project Generated Income) Program income means the gross income eamed by the subgrant recipient during the subgrant period, as a direct result of the subgrant award. Program income shall be handled according to the OJP Financial Guide and U.S. Department of Justice Common Rule for State and Local Governments (reference 31 CFR Part 206 - Management of Federal Agency Receipts, Disbursements, and Operation of The Cash Management Improvement Fund). 11. Approval of Consultant Contracts The Department shall review and approve in writing all consultant contracts prior to employment of a consultant when their rate exceeds $450 (excluding travel and subsistence costs) for an eight-hour day. Approval shall be based upon the contract's compliance with requirements found in the OJP Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments, and in applicable state statutes. The Department's approval of the subgrant recipient agreement does not constitute approval of consultant contracts. 12. Property Accountability a. The subgrant recipient agrees to use all non-expendable property for criminal justice purposes during its useful life or request Department disposition. b. The subgrant recipient shall establish and administer a system to protect, preserve, use, maintain and dispose of any property fumished to it by the Department or purchased pursuant to this agreement according to federal property management standards set forth in the OJP Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments or the federal OMS Circular A-110. This obligation continues as long as the subgrant recipient retains the property, notwithstanding expiration of this agreement. 13. Ownership of Data and Creative Material Ownership of material, discoveries, inventions, and results developed, produced, or discovered subordinate to this agreement is govemed by the terms of the OJP Financial Guide, and the U.S. Department of Justice Common Rule for State and Local Governments, or the federal OMB Circular A-11 O. 14. Copyright The awarding agency reserves a royalty-free non-exctusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: a. The copyright in any work developed under an award or subaward, and b. Any rights of copyright to which a subgrant recipient or subrecipient purchases ownership with support funded under this grant agreement. 15. Audit a. Subgrant recipients that expend $300,000 or more in a year in Federal awards shall have a single or program-specific audit conducted for that year. The audit shall be performed in accordance with the federal OMB Circular A-133 and other applicable federal law. The contract for this agreement shall be identified in The Schedule of Federal Financial Assistance in the subject audit. The contract shall be identified as federal funds passed through the Florida Department of Law Enforcement and include the contract number, CFDA number, award amount, contract period, funds received and disbursed. When applicable, the subgrant recipient shall submit an annual financial audit that meets the requirements of Sections 11.45 and 215.97, Florida Statutes, and Chapters 10.550 and 10.600, Rules of the Florida Auditor General. b. A complete audit report that covers any portion of the effective dates of this agreement must be submitted within 30 days after its completion, but no later than nine (9) months after the audit period. In order to be complete, the submitted report shall include any management letters issued separately and management's written response to all findings. both audit report and management letter findings. Incomplete audit reports will not be accepted by the Department and will be returned to the subgrant recipient. c. The subgrant recipient shall have all audits completed by an Independent Public Accountant (IPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant. FDLE Byrne Formu/e Gntnt Appllcetlon Peckege Rule 11 D-9.006 IntoxllYZer 8000 - Phuelll Grant AppIlcetlon Page 14 OCJG - 005 (rev. 03101/04) """''''_'''''''''",......__'''''....'''....."''''R....·''"'''"."", Agenda Item No. 16J2 January 25,2005 Page 16 of 29 Application for Funding Assistance Florida Department of Law Enforcemant Edward Bvrne Memorial state and Local Law Enforcement Assistance Formula Grant Program d. The subgrant recipient shall take appropriate corrective action within six (6) months of the issue date of the audit report in instances of noncompliance with federal laws and regulations. e. The subgrant recipient shall ensure that audit working papers are made available to the Department, or its designee, upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department. f. Subgrant recipients that expend less than $300,000 in Federal awards during a fiscal year are exemptfrom the audit requirements of OBM Circular A-133 for that fiscal year. In this case, written notification, which can be in the form of the "Certification of Audit Exemption" form I shall be provided to the Department by the Chief Financial Officer, or designee, that the subgrant recipient is exempt. This notice shall be provided to the Department no later than March 1 following the end of the fiscal year. g. If this agreement Is closed out without an audit, the Department reserves the right to recover any disallowed costs identified in an audit completed after such closeout. h. The completed audit report or notification of non-applicability should be sent to the following address: Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 16. Performance of Agreement Provisions In the event of default, non-compliance or violation of any provision of this agreement by the subgrant recipient, the subgrant recipient's consultants and suppliers, or both, the Department shall Impose sanctions it deems appropriate including withholding payments and cancellation, termination, or suspension of the agreement in whole or in part. In such event, the Department shall notify the subgrant recipient of its decision thirty (30) days in advance of the effective date of such sanction. The subgrant recipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. 17. Commencement of Prolect a. If a project has not begun within sixty (60) days after acceptance of the subgrant award, the subgrant recipient shall send a letter to OCJG Indicating steps to initiate the project, reason for delay and request a revised project starting date. b. If a project has not begun within ninety (90) days after acceptance of the subgrant award, the subgrant recipient shall send another letter to OCJG, again explaining the reason for delay and request another revised project starting date. c. Upon receipt of the ninety (90) day letter, the Department shall determine if the reason for delay is justified or shall, at its discretion, unilaterally terminate this agreement and re-obligate subgt'ant funds to other Department approved projects. The Department, where warranted by extenuating circumstances, may extend the starting date of the project past the ninety (90) day period, but only by formal written amendment to this agreement. 18. Excusable Delays a. Except with respect to defaults of consultants, the subgrant recipient shall not be In default by reason of any failure in performance of this agreement according to its terms (including any failure by the subgrant recipient to make progress in the execution of work hereunder which endangers such performance) if such failure arises out of causes beyond the control and without the fault or negligence of the subgrant recipient. Such causes include, but are not limited to, acts of God or of the public enemy, acts of the govemment in either its sovereign or contractual capacity, fires, floods. epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case, the failure to perform shall be beyond the control and without the fault or negligence of the subgrant recipient. b. )f failure to perform is caused by failure of a consultant to perform or make progress, and if such failure arises out of causes beyond the control of subgrant recipient and consultant, and without fault or FDLE Byrne Formula a,..nt Aøøllc.tlon P.claløe Rule 11 D-9.DOS Intoxllyzer BODO - Ph... '" a,..nt AøøllClltlon Page 15 OCJG - 005 (rev. 03101104) Agenda Item No. 16J2 January 25, 2005 Paae 17 of 29 Application for Funding Assistance Florida Department of Law Enforcement Edward Bvrne Memorial State and Local Law Enforcement Assistance Formula Grant Program negligence of either of them, the subgrant recipient shall not be deemed in default, unless: (1) Supplies or services to be furnished by the consultant were obtainable from other sources, (2) The Department ordered the subgrant recipient in writing to procure such supplies or services from other sources, and (3) The subgrant recipient failed to reasonably comply with such order. c. Upon request of the subgrant recipient, the Department shall ascertain the facts and the extent of such failure, and if the Department determines that any failure to perform was occasioned by one or more said causes, the delivery schedule shall be revised accordingly. 19. Extension of a Contract for Contractual Services Extension of a contract for contractual services between the subgrant recipient and a contractor (which includes all project budget categories) shall be in writing for a period not to exceed six (6) months and is subject to the same terms and conditions set forth in the initial contract. Only one extension of the contract shall be acceptable, unless failure to complete the contract is due to events beyond the control of the contractor. 20. Written Approval of Changes In this Approved Agreement Subgrant recipients shall obtain approval from the Department for major substantive changes. These include, but are not limited to: a. Changes in project activities, target populations. service providers, implementation schedules, designs or research plans set forth in the approved agreement; b. Budget deviations that do not meet the following criterion. That is, a subgrant recipient may transfer funds between budget categories as long as the total amount of transfer does not exceed ten (10) percent of the total approved budget and the transfer is made to an approved budget item; or, c. Transfers of funds above the ten (10) percent cap shall be made only if a revised budget is approved by the Department. Transfers do not allow for increasing the quantitative number of items documented in any approved budget item, i.e., increasing the quantity of equipment items in Operating Capital Outlay or Expense categories, or staff positions in the Salaries and Benefits category.) d. Under no circumstances can transfers of funds increase the total budgeted award. 21. Disputes and Appeals a. The Department shall make Its decision in writing when responding to any disputes, disagreements or questions of fact arising under this agreement and shall distribute its response to all concemed parties. The subgrant recipient shall proceed diligently with the performance of this agreement according to the Department's decision. b. If the subgrant recipient appeals the Department's decision, the appeal also shall be made in writing within twenty-one (21) calendar days to the Department's clerk (agency clerk). The subgrant recipient's right to appeal the Department's decision is contained in Chapter 120, Florida Statutes, and in procedures set forth in Rule 28-106.104, Florida Administrative Code. Failure to appeal within this time frame constitutes a waiver of proceedings under Chapter 120, Florida Statutes. 22. Conferences and Inspection of Work Conferences may be held at the request ot any party to this agreement. At any time, a representative of the Department, of the U.S. Department of Justice, or the Auditor General of the State of Florida, have the privilege of visiting the project site to monitor, inspect and assess work performed under this agreement. 23. Access To Records a. The Department of Law Enforcement, the Auditor General of the State of Florida, the U.S. Department of Justice, the U.S. Comptroller General or any of their duly authorized representatives, shall have access to books, documents, papers and records of the subgrant recipient, implementing agency and contractors for the purpose of audit and examination according to the OJP Financial Guide, and the U.S. Department of FDLE Byrne Formula Grant Application Packafle Intoxllyzer 8000 - Phase III Grant Application Page 16 OCJG - 005 (rev. 03101104) Rule 11 D-9.006 ,·..·,_.."-,~·"''''',,·,''".,,·;__~,...II!_"'-....''"".._,'''-''"'''''''''''_mc'' Agenda Item No. 16J2 January 25, 2005 Paqe 18 of 29 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program Justice Common Rule for State and Local Governments. b. The Department reserves the right to unilaterally terminate this agreement if the subgrant recipient, implementing agency, or contractor refuses to allow public access to all documents. papers, letters, or other materials subject to provisions of Chapter 119, Florida Statutes, and made or received by the subgrant recipient or its contractor in conjunction with this agreement. 24. Retention of Records The subgrant recipient shall maintain all records and documents for a minimum of three (3) years from the date of the final financial statement and be available for audit and public disclosure upon request of duly authorized persons. 25. Signature Authority Both the Subgrant Recipient Authorizing Official or Designated Representative and the Implementing Agency Official, Administrator or Designated Representative who sign Section I. Signature Page, have the authority to request changes to the approved agreement. The prior mentioned individuals have authority to sign or make amendments to the Sole Source and the ADP Justification forms. The Project Director has authority to submit requests for approval of specific travel, Financial and Performance Reports, with the exception of the Closeout Package, which also requires the signature by the Chief Financial Officer of the Subgrant Recipient or authorized designee. 26. Delegation of Signature Authority When the authorized official of a subgrant recipient or the implementing agency designates some other person signature authority for himlher, the chief officer or elected official must submit to the department a letter or resolution indicating the person given signature authority. The letter indicating delegation of signature authority must be signed by the chief officer or elected official and the person receiving signature authority. The letter must also specify the authority being delegated. 27. Personnel Changes Upon implementation of the project, In the event there is a change in Chief Executive Officers for the Subgrantee or Implementing Agency, Project Director, or Contact Person, the OCJG must be notified In writing with documentation to include appropriate signatures. 28. Background Check Whenever a background screening for employment or a background security check is required by law for employment, unless otherwise provided by law, the provisions of Chapter 435, Florida Statutes shall apply. a. All positions In programs providing care to children, the developmentally disabled, or vulnerable adults for 15 hours or more per week; all permanent and temporary employee positions of the central abuse hotline; and all persons working under contract who have access to abuse records are deemed to be persons and positions of special trust or responsibility and require employment screening pursuant to Chapter 435, F .S., using the level 2 standards set forth in that chapter. b. All employees in positions designated by law as positions of trust or responsibility shall be required to undergo security background investigations as a condition of employment and continued employment. For the purposes of the subsection, security background investigations shall include, but not be limited to, employment history checks, fingerprinting for all purposes and checks in this subsection, statewJde criminal and juvenile records checks through the Florida Department of Law Enforcement, and federal criminal records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies. (1) Any person who is required to undergo such a security background Investigation and who refuses to cooperate in such Investigation or refuses to submit fingerprints shall be disqualified for employment in such position or, if employed, shall be dismissed. (2) Such background investigations shall be conducted at the expense of the employing agency. When fingerprinting is required, the fingerprints of the employee or applicant for employment shall be taken by the employing agency or by an authorized law enforcement officer and submitted to the FDLE Byrne Formu" Gr.nt AtJP/Ie.tIon P.:k.tIfI Rule 11 D-9.006 IntoJdIyzer 8000 - Ph... III Gtwnt Aøølle.1ion Page 17 OCJG - 005 (rev. 03101104) Agenda Item No. 16J2 January 25, 2005 Paqe 19 of 29 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program Department of Law Enforcement for processing and forwarding, when requested by the employing agency, to the United States Department of Justice for processing. The employing agency shall reimburse the Department of Law Enforcement for any costs incurred by it in the processing of the fingerprints. 29. Drug Court Projects a. A Drug Court Project funded by the Byme Formula Grant Program must contain the 10 key elements outlined in the U.S. Department of Justice, Office of Justice Programs, Drug Courts Program Office, program guidelines "Defining Drug Courts: The Key Components", January 1997. This document can be obtained from FDLE, Office of Criminal Justice Grants, at (850) 410-8700. b. To ensure more effective management and evaluation of drug court programs, the subgrant recipient agrees that drug court programs funded with this award shall collect and maintain follow-up data on criminal recidivism and drug use relapse of program participation. The data collected must be available to U.S. DOJ and FDLE upon request. 30. Overtime for Law Enforcement Personnel Prior to obligating funds from this award to support overtime by law enforcement officers, the U.S. Department of Justice encourages consultation with all allied components of the criminal justice system in the affected jurisdiction. The purpose of this consultation Is to anticipate and plan for systemic impacts such as increased court dockets and the need for detention space. 31. Criminal Intelligence System a. The purpose of the federal regulation published in 28 CFR Part 23 - Criminal Intelligence Systems Operating Policies is to assure that subgrant recipients of federal funds for the principal purpose of operating a criminal intelligence system under the Omnibus Crime Control and Safe Streets Ad of 1968, 42 U.S.C. 3701, et seq., as amended, use those funds in conformance with the privacy and constitutional rights of Individuals. b. The subgrant recipient and a criminal justice agency that Is the implementing agency agree to certify that they operate a criminal intelligence system in accordance with Ssctions 802(a) and 818(c) of the Omnibus Crime Control and Safe Streets Act of 1968, as amended and comply with criteria as set forth in 28 CFR Part 23 - Criminal Intelligence Systems Operating Policies and in the Bureau of Justice Assistance's Formula Grant Program Guidance. Submission of this certification is a prerequisite to entering Into this agreement. c. This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the subgrant recipient or criminal justice agency operates a criminal intelligence system and does not meet Act and federal regulation criteria, they must indicate when they plan to come into compliance. Federal law requires a subgrant-funded criminal intelligence system project to be in compliance with the Act and federal regulation prior to the award of federal funds. The subgrant recipient is responsible for the continued adherence to the regulation governing th~ operation of the system or faces the loss of federal funds. The Department's approval of the subgrant recipient agreement does not constitute approval of the subgrant-funded development or operation of a criminal intelligence system. 32. Confidential Funds A signed certification that the project director or the head of the Implementing Agency has read, understands, and agrees to abide by all of the conditions for confidential funds as set forth in the effective edition of OJP's Financial Guide is required from all projects that are involved with confidential funds from either Federal or matching funds. The signed certification must be submitted at the time of grant application. 33. Equal Employment Opportunity (EEO) a. No person, on the grounds of race, creed, color or national origin shall be excluded from participation In, be refused benefits of, or otherwise subjected to discrimination under grants awarded pursuant to Title VI of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973, as amended; Title IX of the Education Amendments of 1972; The Age Discrimination Act of 1975; and, Department of Justice Non--Discrimination Regulations 28 CFR Part 42, Subparts C, D, E, F, G and H. FDLE Byrne Formula Gnmt Application P.cluløe Rule 110-9.008 Intoxllyzer 8000 - Pha..", Onnt ApplIcation Page 18 OCJG -005 (rev. 031(1104) ,,,,,,.;,,,,,,-,,"¡I\~,_....,,.,,_:,.,,;".,,.,,.,,,, Agenda Item No. 16J2 January 25, 2005 Page 20 of 29 ,.-. Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program b. The subgrant recipient and a the implementing agency agree to certify that they either do or do not meet EEO program criteria as set forth in Section 501 of The Federal Omnibus Crime Control and Safe Streets Act of 1968, as amended and that they have or have not formulated, implemented and maintained a current EEO Program. Submission of this certification is a prerequisite to entering Into this agreement. This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the subgrant recipient or Implementing agency meet Act criteria but have not formulated, implemented and maintained such a current written EEO Program, they have 120 days after the date this agreement was made to comply with the Act or face loss of federal funds subject to the sanctions in the Justice System Improvement Act of 1979, Pub. L. 96-157,42 U.S.C. 3701, et seq. (Reference Section 803 (a) of the Act, 42 U.S.C. 3783 (a) and 28 CFR Section 42.207 Compliance Information). .-.., c. Any subgrant recipient or implementing agency receiving a single grant award for $500,000 or more OR an aggregate of grant awards for $1 ,000,000 or more during any 18 month period in federal funds, must have approval of its EEO Plan by the U.S. DOJ, Office for Civil Rights (OCR). The subgrantee shall submit its EEO Plan to FDLE, for submittal to the U.S. DOJ, OCR for approval. The submission shall be in both paper copy and electronic format. If the U.S. DOJ, OCR has approved an agency's EEO Plan during the two previous years, it is not necessary to submit another EEO Plan. Instead, the subgrantee need only send a copy of its approval letter from the OCR. However, if the EEO Plan approval is more than two years old, an updated Plan must be submitted. d. In the event a Federal or State court of Federal or State administrative agency makes a finding of discriminatio.n after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 34. Americans with Disabilities Act Subgrantees must comply with the requirements of the Americans with Disabilities Act (ADA), Public Law 101- 336, which prohibits discrimination by public and private entitles on the basis of disability and requires certain accommodations be made with regard to employment (Title I), state and local government services and transportation (Title II), public accommodations (Title III), and telecommunications (Title IV). 35. Immigration and Nationality Act No public funds will intentionally be awarded to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e), Section 274A(e) of the Immigration and Nationality Act (-INA"). The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the subgrant recipient of the employment provisions contained In Section 274A(e) of the INA shall be grounds for unilateral cancellation of this contract by the Department. 36. National Environmental Polley Act (NEPA) a. The subgrantee agrees to assist FDLE in complying with the NEPA and other related federal environmental impact analyses requirements in the use of subgrant funds by the subgrantee. This applies to the following new activities whether or not they are being specifically funded with these subgrant funds. That is, it applies as long as the activity is being conducted by the subgrantee or any third party and the activity needs to be undertaken in order to use these subgrant funds, (1) New construction; (2) Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 1OQ-year flood plain; -, (3) A renovation, lease, or any other proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; and (4) Implementation of a new program Involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or educational environments. FDLE Byrne Formula Grant Application Paclcaøe Rule 11 D-9.006 IntoxllYZfK 8000 - Ph..elll Grant AppIIClltlon Page 19 OCJG - 005 (rev. 03101104) Agenda Item No. 16J2 January 25, 2005 Paae 21 of 29 Application for Funding Assistance Florida Department of Law Enforcement Edward Bvrne Memorial State and Local Law Enforcement Assistance Formula Grant Proaram b. For any of a subgrantee's existing programs or activities that will be funded by these subgrants, the subgrantee, upon specific request from the Department and the U.S. Department of Justice, agrees to cooperate with DOJ in any preparation by DOJ of a national or program environmental assessment of that funded program or activity. 37. Non-Procurement, Debarment and Suspension The subgrant recipient agrees to comply with executive Order 12549, Debarment and Suspension (34 CFR, Part 85, Section 85.510, Participant's Responsibilities). These procedures require the subgrant recipient to certify it shall not enter into any lower tiered covered transaction with a person who is debarred, suspended, declared ineligible or is voluntarily excluded from participating in this covered transaction, unless authorized by the Department. 38. Federal Restrictions on Lobbying a. Each subgrant recipient agrees to comply with 28 CFR Part 69, -New Restrictions on Lobbying" and shall file the most current edition of the Certification And Disclosure Form, if applicable, with each submission that initiates consideration of such subgrant recipient for award of federal contract, grant, or cooperative agreement of $100,000 or more; or federal loan of $150,000 or more. b. This certification is a material representation of fact upon which reliance was placed when this agreement was made. Submission of this certification is a prerequisite to entering into this agreement subject to conditions and penalties imposed by Section 1352, Title 31, United States Code. Any person who fails to file the required certification is subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure to file. c. The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No federally appropriated funds have been paid or shall be paid to any person for influencing or attempting to intluence an officer or employee of any federal agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal loan, the entering into of any renewal, amendment, or modification of anyfecleral contract, grant, loan or cooperative agreement. (2) If any non-federal funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant loan, or cooperative agreement, the undersigned shall complete and submit the standard form, Disclosure of Lobbving Activities, according to its instructions. (3) The undersigned shall require that the language of this certification be included in award documents for all subgrant awards at all tiers and that all subgrant recipients shall certify and disclose accordingly. 39. State Restrictions on Lobbying In addition to the provisions contained in Item 38 of Section G, Conditions of Acceptance and Agreement, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this contract. 40. "Pay -to-Stay" Funds from this award may not be used to operate a ·pay-ta-stay" program in any local jail. Furthermore, no funds may be given to local jails that operate ·pay-to-stay" programs. -Local jail", as referenced in this condition, means an adult facility or detention center owned and/or operated by city, county, or municipality. It does not include juvenile detention centers. ·Pay-to-stay" programs as referenced in this condition, means a program by which extraordinary services, amenities and/or accommodations, not otherwise available to the general inmate population, may be provided, based upon as offender's apparent ability to pay, such that disparate conditions of confinement are created for the same or similar offenders within a jurisdiction. 41. Mitigation of Health, Safety and Environmental risks dealing with Clandestine Methamphetamine laboratories If an award is made to support methamphetamine laboratory operations the subgrant recipient must comply with FDLE Byrne Formula Grant AppllClltJon Packaøe Intoxllvzer 8000 - Phase'" Grant Application Page 20 OCJG - 005 (rev. 03101/04) Rule 110-9.006 Agenda Item No. 16J2 January 25, 2005 Paqe 22 of 29 Application for Funding Assistance . Florida Department of Law Enforcement Edward Bvrne Memorial State and Local Law Enforcement Assistance Formula Grant Proaram this condition, which provides for individual site environmental assessment/impact statements as required under the National Environmental Policy Act. a. General Requirement: The subgrantee agrees to comply with Federal, State, and local environmental, health and safety laws and regulations applicable to the investigation and closure of clandestine methamphetamine laboratories and the removal and disposal of the chemicals, equipment, and wastes used in or resulting from the operation of these laboratories. b. Specific Requirements: The subgrantee understands and agrees that any program or initiative involving the identification, seizure, or closure of clandestine methamphetamine laboratories can result in adverse health, safety and environmental impacts to (1) the law enforcement and other governmental personnel involved; (2) any residents, occupants, users, and neighbors of the site of a seized clandestine laboratory; (3) the seized laboratory site's immediate and surrounding environment of the site(s) where any remaining chemicals, equipment, and waste form a seized laboratory's operations are placed or come to rest. Therefore, the subgrantee further agrees that in order to avoid or mitigate the possible adverse health, safety and environmental impacts from any of clandestine methamphetamine operations funded under this award, it will (1) include the nine, below listed protective measures or components; (2) provide for their adequate funding to include funding, as necessary, beyond that provided by this award; and (3) implement these protective measures directly throughout the life of the subgrant. In so doing, the subgrantee understands that It may implement these protective measures directly through the use of its own resources and staff or may secure the qualified services of other agencies, contractor or other qualified third party. 1. Provide medical screening of personnel assigned or to be assigned by the subgrantee to the seizure or closure If of clandestine methamphetamine laboratories; _. 2. Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law enforcement officials and other personnel assigned by the subgrantee to either the seizure or closure of clandestine methamphetamine laboratories; 3. As determined by their specific duties, equip personnel assigned to the project with OSHA required protective wear and other required safety equipment; 4. Assign properly trained personnel to prepare a comprehensive contamination report on each closed laboratory; 5. Employ qualified disposal contractors to remove all chemicals and associated glassware, equipment, and contaminated materials and wastes from the site(s) of each seized clandestine laboratory; 6. Dispose of the chemicals, equipment, and contaminated materials and wastes removed from the sites of seized laboratories at properly licensed disposal facilities or, when allowable, properly licensed recycling facilities; 7. Monitor the transport, disposal, and recycling components of subparagraphs 5. and 6. immediately above in order to ensure proper compliance; 8. Have in place and implement an inter-agency agreement or other form of commitment with a responsible State environmental agency that provides for that agency's (I) timely evaluation of the environmental conditions at and around the site of a closed clandestine laboratory and (Ii) coordination with the responsible party, property owner, or others to ensure that ant residual contamination is remediated, if necessary, and In accordance with existing State and Federal requirements; and ".-.~ 9. Included among the personnel involved in seizing of clandestine methamphetamine laboratories, or have immediate access to, qualified personnel who can respond to the potential health needs of any offender(s)' children or other children present or living at the seized laboratory site. Response actions should include, at a minimum and as necessary, taking children into protective custody, immediately testing them for methamphetamine toxicity, and arranging for any necessary follow-up medical tests, examinations or health care. FDtE BYrM Formula Grant Application Ptlcbge Rule 11 D-9.006 Intoxllyzer BODO - PhllNlll Grant Application Page 21 OCJG -005 (rev. 03101/04) Agenda Item No. 16J2 January 25, 2005 Page 23 of 29 Application for Funding Assistance Florida Department of Law Enforcement Edward Bvrne Memorial State and Local Law Enforcement Assistance Formula Grant Program SUBGRANTEE CERTIFICA TION I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that the Subgrantee (Subgrant Recipient) . . . (Select one of the following): LMeets Act Criteria _Does not meet Act Criteria I affirm that I have read the Act criteria set forth in the Subgrant Application Instructions. I understand that if the Subgrant Recipient meets these criteria, it must formulate, implement and maintain a written EEO Plan relating to employment practices affecting minority persons and women. I also affirm that the Subgrant Recipient. . . (Select one of the following): 2L-Has a Current EEO Plan _Does Not Have a Current EEO Plan X Has included a copy of the current approval letter from the US DOJ I further affirm that if the Subgrant Recipient meets the Act criteria and does not have a current written EEO Plan, federal law requires it to formulate, implement, and maintain such a Plan within 120 days after a subgrant application for federal assistance is approved or face loss of federal funds. Signature of Subgrantee Authorized Official Type Name: Fred W. Covte Title: Chairman. Collier County Commission Subgrant Recipient: Collier County Commission Date: ApytOY~ aP. k fornl & 1~y.-;\'. lW.ttim.u~~ ~ ~~". A~t eoutJ AttorMJ" FDLE Byrne Formula Grant ApplIcation Package Inroxllyzer 8000 - Phase III Grant ApplIcation Page 22 OCJG - 005 (rev. 03101104) Rule 110-9.006 o¡¡;¡.~.....",¡¡;_"""_.._,".,.....",,",""..,,.." 12/02/200~ 2397748720 PAGE till tI! ADMINSERVlCES Agenda Item No. 16J2 U.S. Department or .Justice January 25, 2005 Page 24 of 29 AUG 0 5 20M Office of justice Program5 OJjice JOT Cfvü Rights ßbllIIIJtrøll, D. C. 205$1 lu1y 30, 2004 RECEIVED AUG (I 3 2GÐ4 HUNlm ~ßO.URCES James L. Koent%, Manager LaborlEmployce Relations CoJ1j~ County Govemmcat 3301 Tamiami Trait East NapJes; fl0rié~·34J:l:2 Re: BEOP for Co11ier. County Dear Mr. Koontz: .~ The Office for Ci.vil Rights bas reviewed and appro:ved the BquaJ Employment OpporbmÎ1)' Plan (EEOP) which you 8ubrntt"loCd in accordance with the p:ovisioos of your rc:CerJt ¡rmt award. 'The plan:that yo¡¡. su.bmitted conforms to the Se:ven-Stq; Guide to tns Desip ani! DewlQP7Mn.t of a.n Et¡1IlI1 EmjJloym4n, Opportunity Plo.n, wbich :is .. guide to provid;!)g tbe essential informatioo that the DeplItmerit- of ¡usüt:e requiTes for our initial sCrI:min,¡ ofyourEEOP. The Department of Justice regulatiODS for dc.YcJopin¡ a comprchensÎve EEO}i:may be f'OUDd 1.1 28 CPR § 42.301 8t .t_g. YO;.Jl approved pli1.n is cffeative for twO ye&I$ from the date of this letter. If you have any questions rearing trns matter, p1ease contact th= Offic:e for Civil Rip at (202) 301-0690. . . Sincerely, 11~l~ Michae] L. Alston. Director Office for CiviJ Right¡ cc: T:i:m Eddy, FL MLA:dcb ~. .. . . -, . . ,.!. '. .. .. " :. '.. . .. , . .' ..-, Agenda Item No. 16J2 January 25,2005 Page 25 of 29 Application for Funding Assistance Florida Department of Law Enforcement Edward Bvrne Memorial State and Local Law Enforcement Assistance Formula Grant Program SUBGRANTEE CERTIFICA TION I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that the Subgrantee (Subgrant Recipient) . . . (Select one of the following): LMeets Act Criteria _Does not meet Act Criteria I affirm that I have read the Act criteria set forth in the Subgrant Application Instructions. I understand that if the Subgrant Recipient meets these criteria, it must formulate, implement and maintain a written EEO Plan relating to employment practices affecting minority persons and women. I also affirm that the Subgrant Recipient. . . (Select one of the following): ~Has a Current EEO Plan _Does Not Have a Current EEO Plan X Has included a copy of the current approval letter from the US DOJ I further affirm that if the Subgrant Recipient meets the Act criteria and does not have a current written EEO Plan, federal law requires it to formulate, implement, and maintain such a Plan within 120 days after a subgrant application for federal assistance is approved or face loss of federal funds. Signature of Subgrantee Authorized Official Type Name: Fred W. Covle Title: Chairman. Collier Countv Commission Subgrant Recipient: Collier Countv Commission Date: A]IpJO\'ad.. to '1:" ~ I1Jtl'id_ ~ ~~. -'-ittani CoutJ Attome: FDtE Byrne Formula Grant Application Package Intoxllyzer 8000 - Phase III Grant Application Page 22 OCJG - 005 (rev. 031011(4) Rule 11 D-9 .006 12102/20~ 2397748720 PAGE _"l/tlJ. ADM I NSERVI CES Agenda Item No. 16J2 U.S. DepartmeDt of .Tustice January 25, 2005 Page 26 of 29 AUG 0 5 2DO~ Office of Justice Program5 Offict jor Civil Rights ßbrAIIIpfI. D.C. :lØSll J'uJy 30, 2004 RECE(VED t,;U~ 0 3 2004 !-f.~ ~$O.URCES lamea L. Xocntt. Manager LaborlEmployce RelatiODl CoUi,r County Qt\vemmcct .3301 Tamiami Trall Eut NapJeI,' rtÐrl4~' 3411~ Re: EEOP for Comer County DCIr Mr, Koontz: The Office foc Civil R3¡hts has reviewed and approved the Equal Employment Oppommity Plan (EEOP) which you 8ubmftted in accordance with the ¡rovisi ons of your tcccm ¡rant award. T'be pl2.11' that YOIt submitted conforms to the $e:ye7l-Step Gui.t!ø to the Design and D,velopment qf an Et¡u41 Emjlo)1fM1I' OpP()rtJlAity Pla", which iJ . guide tQ providfng tbe essential informati01l'that the Departmelit· of )UJ1f~ reql1:ires for our initial s~m.in.a ofyourEEOP, The Dcpanmcnt of )umec regulations for de.vclopin¡ . comprehensive EEOP W)' be found at 28 CPR § 42.301 eI.,.g. Yoar appIovcd p1.ån is cffoC'!.'lve for twO yeatS A-0t%1 the date oftbilletter. If you have any questions re¡ud;ng this matter, pJC8.$t con't8Ct the Offioo for Civil Ri¡bts a'f (202) 307-06.90. . . SiDcct't1y, trJkk1 t c/u- Michael L. Alston. Dircc10r Office for Civil 1üghQ cç: Tim Eddy, n. MLA:deb .' . ~. . . -.'. ." . . '.!. '. .' .. ". :. . .. . .. ,". Agenda Item No. 16J2 January 25, 2005 Page 27 of 29 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program H. Si In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duly authorized officers on the date, month and year set out below. Corrections on this page, Including Strikeovers, whlteout, etc. are not acceptable. :~;;~75~;?J¿~::¡~~~~1f:~,;~'':~:~-:-;:,-~' ~~ -:~'f.i1f.lj;<¡,~;;.f~¡~: - ';-" -~'---</~'V(\':"~-~'. :',: ;"¡,~":~~';\"'!¡;7:¡ : ! .-t.~ \~,.~¡iÇ,~~~~ " \ I,.r'''!-=;,'I ''::-'',''~;~'~"li¡rn'~t~''i~ttì''~t::f.}l.'I;';'''l,rt-1,~ ~:vP",.:¡;~ ¡' .' :, .-:.""[' >.<-.11/ ;"~¡,-,.' r,,~., '...·,,·--'~j"1=..\.)i~1~b~-~~-:,~¡~t;~ -"I;;":~C'~ ~.~. ~ ';':-::'''~ " \ "~ ~¡ "¡:¡.~~-""".,!"",;ct~~~~,-~ t;~ It~, >z~~;1'~,~.1.t,-",-,,¡';¿,,,:.c'z-,_.i..t.,'1,-~d~\M~lj Signature: Typed Name and Title: Clayton H. Wilder. Community Proaram Administrator Date: f"'l: ;~:~:",:~--:~.....:,r~<''''.~~.('' ,-:"::'t J . r"\:'!'.:-:-¡' ~r<-.....,:, ,;.:;:....··1 ...~" ..... . - . ~ ~I":....r;~~)'lr ~ > ~ -, ¡ "("'1:,: "",,::, " , :.' '~i!l,:¡.)"),I'1;(1o!!,,:,\,, '.,,;','. ,',.'j ,,' .':,~. ,,' ',' . ¡~!1J!!~ií~i¡J.:f!tir;:;!\I:.Hè'"" ,,,,,¡',l,,II,,.'I{', ',' :,i -j("'í'I'¡'Or"'~"~ll -"'1" - ~''\r' , ¡ ·~J.r';;'r.~,>..,.,("<,,;--.,.::."'-= )';¡~¡~"'''I.''fl(( ~¡.,,¡~~, ~.L t .--t..j{.tl.~1j.·I'~\·" "'1_.!J'¡r~'_nt J lJ -. .' ',.. . ,~l.":¡.iti';.,Mt;~.;.~ :;;r4f~~~U~-:L___~;;';..~:_~ ,ü.' -II,.t'..1;\,'-" -:....~....-:.....;¡. ~. ,.,,,..:,,:",-,-,,-~.~ ~J.,.i:l....o/-.µ~j",~...:l~~ Typed Name of Subgrant Recipient: Collier County Commission Signature: Typed Name and Title: Fred W. Covle. Chairman. Collier County Commission Date: ~"(t"'';:'':''{~,~'~¡j-'I~~~'·(:.}lr'j:~ --~"'.:'.f~~J', .-..-:-~, C:~~~'->"'-:"i'"r"\~~"¡~'''~ ')\"~'~I-""\~~'~~ "' - ....,.~ ""/:rr':'<':.~-"'~t~r"'~~:~':~~- t ., :":, ~ I\~ ,'," ":, '.' " " ' ,.', ':;'~ri'¡';1"\,-.·'1ì111¡[.".\' r~, ' . ,. ,-' :':1:":' ::, " jGiflr'¡",1¡ :';'í-r¡'11,1rt¡ntO:"X"'~"nr'lr; 'of ¡"}¡(j·,n Pi1Jl¡j'l '/ ,: ~"~~:"'-<-'I~~ .._..... , ~'.T..-"-""-'..........a~__.....""...,.~'g...}IM _ _wß r ·"'""--~~_....,,__,~.;..¡.&o.!o...,...;¡~~\~~L... _... ~ _..ow___"",~~"~ Date: January7. 2005 JhlFlNAL application phase 2 ~;;::~--.y . =- ~I&..~y~~ FDLE Byrne Formu .~"., Bck.ge Rule 110-9.006 Intox/lyzer 8000 - Ph..e "' Gr.nt Awl/cation Page 24 OCJG - 005 (rev. 03101104) Agenda Item No. 16J2 January 25, 2005 Page 28 of 29 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program ,.....-., H. In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duly authorized officers on the date, month and year set out below. Corrections on this page, including Strikeover., whlteout, etc. are not acceptable. 7~'"7"""-'~~-~-'~' .n_,~,'''""'' lr-- ~~', -,,-. . -~>~~~ 11 . r"';1~T~fGi---"- - .' . . - .O:¡"lÚ":J~: ri!..' I,' .j .. I' 1~ìH·;"!i·)"r:)r: ~~~_'~_J._2::""_~h,._~,·......~il~~-J~_~',,-wJt'J!1.¡.!\.1~~m~,_-," ,_ , - Signature: Typed Name and Title: Clayton H. Wilder. Communltv Program Administrator Date: ...._~~c>-_..... "1-'-"'~ . .,.,.. ,....."'...... "'.....--j . . .. .... ~ ¥ . " ~::I]~'lr )'1 I~~ :.,J,ì[1 " ;!.;.'ItÎl''rF~rü.r,OI\;'lojl .~ ,q.,'11!IH jrJrìr,~I"j· . . _ '(.i""'fI\'íHi.1f~1d'{~in,tJIIj¡'¡:f¡..\ . ,.: 1J';' ¡, '-11-"\"01[; \ 1·11-.' "..:,/ 1oo'!IJ.~~~...,_.. ""-,,,-,_ _ .._~_~__ ._. rl ................._,...1o~~,;,1 __. ._ ~1.1... ~ ~ " ---~'" . ~." -. Typed Name of Subgrant Recipient: Collier County Commission Signature: Typed Name and Title: Fred W. Covle, Chairman. Collier County Commission Date: ;:-~~,~ ",T" "', ''T" ,~~ I -.."-' ,..,-.",...- ~"'I'-'T' ' . - : " ,,: !I t r leI. I ~ 'ì ~."1', r l' " >.] . t ,,~ . c ~øn¡r;H1b~:;r.'.!"1,!¡¡1ì! 1«) ".'~ n,'I,¡H-J;;r;:.,j~,,.¡¡ 'dlil)'; ~o;,j(.&.IOoO_"""'~."..A,;._I-,-,",,'>~, "_. ..<:.k .t,¡,.....u..~...,~. . ..-. ^-~ "- _.~~ ~, . : Collier County Sheriff's Office ....... Date: Januarv 7. 2005 -, J~~lUffiel''''' ~ --~~ ~. bIf1tÐd CoIIJI.t1 A.ttœM1 FDLE Byrne Formula Grant Application Package Rule 11 D-9.006 Intoxllyzer BOOO - Pha..III Grant ApplIcation Page 24 OCJG - 005 (rev. 03ttJ1J04) Item Number Item Summary Meeting Date Approved By Michael Smykowski County Manager's Office Agenda Item No. 16J2 January 25, 2005 Page 29 of 29 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16J2 Recommend that the Board of County Commissioners serve as the Local Coordinating Unit of Government in the Florida Department of Law Enforcement's Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant, approve the Sheriffs Office Grant Application, authorize acceptance of the Grant Award, and approve associated budget amendments. 1/25/2005 9:00:00 AM Management & Budget Director Date Office of Management & Budget 1/14/20059:41 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 1114120056:14 PM Agenda Item No. 16J3 January 25. 2005 Page 1 of 2 EXECUTIVE SUMMARY THAT THE BOARD OF COUNTY COMMISSIONERS MAKE A DETERMINATION OF WHETHER THE PURCHASES OF GOODS AND SE/J.VlCES DOCUMENTED IN THE DETAILED REPORT OF OPEN PURCHASE ORDERS SERVE A VALID PUBLIC PURPOSE AND AUTHORIZE THE EXPENDITURE OF COUNTY FUNDS TO SATISFY SAID PURCHASES. OBJECTIVE: To have the Board of County Commissioners make a determination whether the purchase orders opened from December 25, 2004 through January 7, 2005 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 December 25, 2004 through January 7, 2005. 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: related to this item. There IS no Growth Management Impact RECOMMENDATION: That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the detailed report of open purchase orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. Prepared By: Date: ".h .I/ø.>...... es L. Mitchell inance & Accounting Finance Director - Reviewed and Approved By: Co ance C. Murray General Operations Manager Date: 1/(3)0(" Item Number Item Summary Meeting Date Approved By Michael Smykowski County Manager's Office Agenda Item No. 16J3 January 25, 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16J3 Recommend that the Board of County Commissioners make a determination that the purchases of goods and services documented in the Detailed Report of Open Purchase Orders opened from December 25, 2004 through January 7, 2005 serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. A copy of the Detailed Report can be viewed at the County Manager's Office, 2nd Floor, W. Harmon Turner Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, FL. 1/25/20059:00:00 AM Management & Budget Director Date Office of Management & Budget 1/14/200510:21 AM Approved By James V. Mudd Board of County Com missioners County Manager Date County Manager's Office 1/14/2005 6:56 PM -, .-, --,"- Agenda Item No. 16K1 January 25, 2005 Page 1 of 9 "..-...., Executive Summary Recommendation that the Board of County Commissioners Approve a Stipulated Final Judgment Relative to the Acquisition of Parcel 132 in the Lawsuit Styled Collier County v. First National Bank of Naples, et al., Case No. 04-3587-CA (Immokalee Road Project #66042). OBJECTIVE: That the Board of County Commissioners approve a Stipulated Final Judgment as full and final compensation to be paid for the acquisition of Parcel 132 for the Immokalee Road project in the lawsuit styled Collier County v. First National Bank of Naples, et al., Case No. 04- 3587-CA. CONSIDERATIONS: On December 17, 2004, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of Parcel 132 for the Immokalee Road project (project No. 66042). On December 30, 2004, Collier County deposited with the Registry of the Court the sum of $77,500.00 for Parcel 132 in accordance with the Order of Taking. ,- 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 of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "1 "). The Stipulated Final Judgment provides for $82,000.00 to be paid to Respondent, First National Bank of Florida flk/a First National Bank of Naples, as full compensation for the property rights taken as to Parcel 132, less any amounts that may be due to the Collier County Tax Collector, and $2,409.00 for attorney fees, which fees are required to be paid by statute. The Stipulated Final Judgment provides that Collier County shall deposit the additional amount of $4,500.00 with the Registry of the Court. 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 $7,059.00 (inclusive of the Clerk's service fee) are available iÌ"om 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. 2. 3. 4. approve the Stipulated Final Judgment; approve the expenditure of the funds as stated; direct staff to deposit the sum of $4,500.00 into the Registry of the Court; and 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. 16K1 January 25, 2005 Page 2 of 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16K1 Recommendation that the Board of County Commissioners Approve a Stipulated Final Judgment Relative to the Acquisition of Parcel 132 in the Lawsuit Styled Collier County v. First National Bank of Naples, et aI., Case No. 04-3587-CA (Immokalee Road Project #66042). 1/25/20059:00:00 AM Meeting Date Prepared By Date Heidi F. Ashton Assistant County Attorney 1/10/2005 12: 30:46 PM County Attorney County Attorney Office Approved By Lisa Taylor Management/Budget Analyst Date Transportion Services Transportation Administration 1/10/20052:41 PM Approved By Sharon Newman Accounting Supervisor Date Transportion Services Transportation Administration 1/10/20055:50 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportion Services Transportation Services Admin. 1/11/20057:55 AM Approved By Kevin Hendricks Right Of Way Acquisition Manager Transportation Engineering and Construction Date Transportion Services 1/11/200510:49 AM Approved By Eugene Calvert Principal Project Manager Transportation Engineering and Construction Management Date Transportations Services 1/12/2005 1 :02 PM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 1/13/20059:36 AM Approved By OMB Coordinator Administrative Assistant Date .-, County Manager's Office Office of Management & Budget 1/13/2005 11 :46 AM Approved By Agenda Item No. 16K1 January 25. 2005 Page 3 of 9 Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 1/14/200510:39 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1/14/200511 :23 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office Commissioners 1/17/200510:39 AM . Of-Jan-ZOO& 10:3611 FrOl-FR& at FL LEGAL +2396596882 T-6s1ge~. ~~!~~ Page 4 of 9 ..: '0 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLŒR COONTY, FLORIDA CML ACflON COUlER COUNTY, FLORIDA. a political subdivision of the State of Florida. Case No.: 04-3587-CA Petitioner, Parcel No.: 132 VS. FIRST NA rrONAl. BANK OF NAPLES, ct at, Respondents. I ST~A'tJD Fl~AL JQP9-MENT AS TQ PARCEL 131 THJS CAUSE havlt1g come before t.he Court upon Joint Motion made by Petitioner, COlJ...JER. COUNfY. FLORIDA. by and through the undersigned counsel, and Respondent. FiRST NATIONAL BANK OF FLORJDA f/kla FIRST NATJONAL BANK OF NAPLES, by and through the undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel 132. and ír appearing to the Courr that the parties are authorized to make. such motion, the Coun finding that the compensation 10 be paid by Petitioner, COll..JE.R COUNTY, FLORIDA, is the ful1 compensation due Respondent, FIRS'! NATIONAL BANK OF FLORIDA 'flkJa FIRST . - NATIONAL BANK OF NAPLES, and the Cour[ being otb5rwise fully advised iT! the premises thereof, it is thereupon, ORDERED AND ADJUDGED that Respondcm, FIRST NATIONAL BANK OF FLORJDA f/'r.fa FIRST NATIONAL BANK. OF NAPLES, have and T~COVef' from Petitioner. COUlER COUNTY, FLORIDA, the sum of Eighty-Two TJ10usand Dollars and No/tOO ($82,000.00) fOT Parcel 132 as fun payment for tne property interests taken and for damages 01-Jan~2DO& 10:36am From-FNB at FL LEGAL +USS58B18Z T-ri11e~.~'ìftH~oFj~1 JåñUà'ry 25, 2'CIð5 Page 5 of 9 ". resulting to the remainder, if less than the entire property was taken. bllSiness damages. and for a11 othel' damages in connection with said parcel; j[ is further ORDERED that the Clerk of this COlIn shall forthwith, pay to the Ta~ Collector of Comer County. the amount of pro-rated ta.xes due on the above-referenced parcel, if any. and upon payment this suit shan stand dismissed. as to 'the Tax Col1ector of CoUier County. as to Pm'Cel132; and h is funher ORDERED that Respolldent, FIRST NATIONAL BANK OF FLORIDA flkla FIRST NATIONAL BANK OF NAPLES. receive from Petitioner, COlLIER COUNTY, FLORIDA, as attorney's fee the sum of Two Thousand FOW" Hundred Nine Dollars and No/100 ($2,409.00), it is further ORDERED that except as provided herein no other costs should be awarded. in connccdon with the above-cau.~ of action as it relates w Pmcel No_ 132; it is funher ORDERED that Petitioner, COUJER. COUNTY, shall deposit an additional Four Thousand Five Hundred and No/100 Dollars ($4,500.00) subject to approval of the Board of County Commissioners within thiny (30) days of the date of this Stipulated Final Judgment; it is fwther ORDERED that the Clerk of this Court shall d;sburse the lotal amount of Eigbty- Two Thousand DoJIm-s and Nol.t-80 ($82;000.00). leu--any amount paid to tlm Col1ier County Tax. Collector as set out hereil1above, to Respondent, FIRST NATIONAL BANK. OF FLORIDA flkla F1RST NATIONAL BANK OF NAPLES c/o William A. Focht. Esq., 'P.D, Bo~ 413043. Naples, FL 34101-3943; it is funher ORDERED that Petitioner, COLL1ER COUNTY. FLORIDA. shall pay the total amount of Two Thousand Four Hundred Nine Dollars and NoIlOO ($2.,409.o0) 10 WiUiam A. Focht, Esq., P.O. Box 413043, Naples, FL 34101-3943, for attorney's fees: it;s funher 2 Dr-Jan-ZOO& 10:38a1 Fraa-FNB of FL LEGAL +2386&96882 T-!Î~en~q.~~.J'J 0 ·F1~ 1 :J~iYc:J1'Y 25, ~5 Page 6 of 9 ~ . ORDERED that title LO Parcel 132. a Perpetual. Non-EJtclusíve: Road Right of Way, Drainage & Uti\ity Easement, being fully described in Exhibit "Au attached hereto and incorponned herein, which vested in Petitioner, COLLIER COUNTY. FLORIDA, pursuant to the Stipulated Order of Taking dated December 17. 2004. and the deposit of money heretofore made, is approve~ ratified, and confinned~ it is funher ORDERED that the Notice of Us Pendens filed in this uction and recorded in Official Record Book 3610, Page 1019, of the Public .Records of Collier County.. FlO1ida be dismissed. as to Parce1132; it is further ORDERED that pursuant LO Section 74.051(3), F.S., the Clerk of COUTtS shall disburse the interest eamed on the funds on deposit to Collier County Board of County Commissioners, clo Heidi F. Ashton, AssiStant County Attorney, Office of the County Attorney. 3301 East Tamiami Trail. Naples. FL 34112. Ie-55 any sums retained by tbe Clerk of Courts up to 10% in accordance with Section 28.33. F.S.; it is further ORDERED that this Slipulated Final Judgment is to be recorded in the Official Recordc; of Coliier CountY, Florida; jt is thercfQTe DONE AND ORD:ERED in Chambers at Naples. ColLieT County, Florida this .. day of . 2004. CIRCUIT COURT JUDGE Confonned Copies: Heidi P. Ashton, Esquire WilUam A. Focht. Esquire Thomas C. Palmer, Esquire John G. Vega. Esquire Andrew G. Diaz. Esquire E. Glenn Tucker. Esquire Kevin Hendricks. Acquisidon MgrlI'ransportaüon Dept. Bookkeeping :3 U_,__ --- D1-Jan-2OÐ5 10:31i1 From-FNB Df FL LEGAL +2388586882 T-shJe?11JIN1óU'TNoF~ 1 January 25, 2'ðð5 Page 7 of 9 ·0 JOINT MOTION FOR STlPULA TED fINAL JUDG~NT AS TO PARCEL 132 The parties hereby stipulate and respectfully request this Court to enter the foregoing Sr.ipulated Final J~ament as to Parcel 132. Dated: /. 7- 0.5 Dated: j¿ÆQ~ WILLIAM A. FOCHT, ESQ. . Florida BarNo.: Corporate Counsel First National Bank of Florida P.O. Box. 413043 Naples, FL 34101-3943 (239) 262-7600 - Telephcmc A'ITORNBY FOR RESPONDENT ® HEIDI F. ASHTON, ESQ. Florida Bar No.: 966770 COUlER COUNTY ATTORNEY'S OFFICE Harmon TI1mCf Building 3301 East Tamiami Trai1 Naples. FL 34 L 12 (239) 774-8400 - Telephone (239) 714-0225 - Facsimile A TIORNEY FOR. PETITIONER 4 01..Jan-2DU5 10:31u From-FN8 of FL LEGAL Z t-!)IIG-2.tlD4 10 :lSam FnrPU af FL LlBAt. .~ . e- .. " .. ~. . , . +Z3Q65BSI82 +238858B992 T-66TAgBriGllla7n Ntr.8atK1 January 25 2005 T-ti5,( P.D13/Ø14 p~;¡ of 9 ----"" ~\ . ~ . ". .,.' ~ . tIM·· _.01\81.... ............'ÞIII;at\I................._I41...... .- . ~ mt:ØDJBarIllllODIi7 7IUI3 Jt!!P.DWCJ.-...,w :M1t.C!Bt.WQ. 132 ",- lJUW.œtClu.t--4JN J\.JIaII.TII:N aEI''fBACr..,.. 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IU.BJ4tIN'a~..t...::L-~ ~.ar~I:tIU~I.B.rm -' .. .. :':r. .... . ..,~ . . BY . UK.fI5GI ØoU'a a911l..C11D1A -~ . . , . --"'."- c::nlln loin Jlr.l..t1~1-'" I ~ONOn(þ:l .,.., ¡ v.¡ I I ~~I I I ~ I 0_ 00 I I 2 NCJ I LO(') .. ~ N OJ I I I ècf I p:t - ~ Jg ~ I { I ~i \ c: co I -, I I . I ~:z f J ø J 1° i: ! I I I C'" ¡~ I 8a ~I '- I I ~i&.I e~ 1- I I I y~ ", ~~ f L.1 _--:--_-----J I o.l I 111-< ? I = ) I I! I I .... (.:I eri r:; .. f4.... gr I 1.11. I I~:!~ 8 171 If I I ~I . i ';;: or I is <- I - ~ iii f II t I ~ . tJD. I 1ø ~I 11- Ij I I" r I ~Þ'5E "'" liJ¡ I í r- 18 I AI I I :z rII V 1 I I I I I sO' I . I D,d I I - -- - ......... I, L2. ~ L ~ II.--~ " ,.. u ~. IB I II I pI: æ' 21 · , ! I I:r ~ . ~2 E-B~ . ~ II ~ I ïl I " ~ ~ I . I I ~I~ ~~ Z~I I I ! . .. . \ . - oJ' II . r. .. ..... . .. øt£-I tlD/þtO"d tBS-¡ tD9-~ LOO/lOO"d 199-1 ZII1888882+ 28896998EZ+ 1WI' ,~ lO 91:1-1101:1 1V931 1:1 tD 9H~-moJ:I ~ . -. . .,,'- B!!I:ot tDQZ~"a·l? ~LE:Gl 900~-uer-LD ---- Agenda Item No. 16K2 January 25, 2005 Page 1 of 3 -_ Executive Summary Recommendation that the Board of County Commissioners Authorize the County Attorney's Office to Make a Business Damage OtTer to Settle a Claim for Business Damages by Wal-Mart Stores, Inc., d/b/a Sam's Club associated with the Acquisition of Parcels 135, 735A and 735B in the Lawsuit Styled Collier County v. Wal-Mart Stores, Inc., et aL, Case No. 04-3632-CA (Immokalee Road Project #66042). OBJECTIVE: Authorize the County Attorney's Office to make a business damage offer to settle a claim for business damages associated with the acquisition of Parcels 135, 735A and 735B in the lawsuit styled Collier County v. Wal-Mart Stores, Inc., et al., Case No. 04-3632-CA. CONSIDERATIONS: An Order of Taking was entered on December 17,2004 in Collier County Circuit Court regarding the acquisition of Parcels 135, 735A and 735B for the Immokalee Road project (project No. 66042). On December 30, 2004, the County deposited with the Court Registry its good faith estimate of value in the amount of $282,900.00 for Parcels 135, 735A and 735B in accordance with the Order of Taking. -- On September 16, 2004, Collier County received a business damage claim in the amount of $5,890,000.00 from Respondent, Wal-Mart Stores, Inc., in connection with Parcels 135, 735A and 735B. By Statute, the County has a limited time to respond to this claim. County staff recommends a business damage offer of $75,000.00. This damage amoW1t may be justified as a temporary business interruption to restore the internal driveway. FISCAL IMPACT: Funds in the amount of $75,000.00 are available in the Transportation Supported Gas Tax Fund and Impact Fee Funds. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMP ACT: Consistent with Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: 1. authorize the County Attorney's Office to make a business damage offer; 2. approve the expenditure of the funds as stated; and 3. direct staff to include this sum in settlement with the full compensation to the owner of Parcels 135, 735A and 735B, if appropriate. .-. PREPARED BY: Heidi F. Ashton, Assistant County Attorney, Office of the County Attorney Agenda Item No. 16K2 January 25, 2005 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16K2 Recommendation that the Board of County Commissioners Authorize the County Attorney's Office to Make a Business Damage Offer to Settle a Claim for Business Damages by Wal- Mart Stores, Inc., d/b/a Sam's Club associated with the Acquisition of Parcels 135, 735A and 735B in the Lawsuit Styled Collier County v. Wal-Mart Stores, Inc., et aI., Case No. 04-3632- CA (Immokalee Road Project #66042). Meeting Date 1/25/2005 9:00:00 AM Prepa red By Date Heidi F. Ashton Assistant County Attorney 1/10/2005 3:15:41 PM County Attorney County Attorney Office Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportion Services Transportation Services Admin. 1/11/20057:57 AM Approved By _. Kevin Hendricks Right Of Way Acquisition Manager Date Transportion Services Transportation Engineering and 1/11/200510:48 AM Construction Approved By Sharon Newman Accounting Supervisor Date Transportion Services Transportation Administration 1/11/20053:40 PM Approved By Lisa Taylor Management/Budget Analyst Date Transportion Services Transportation Administration 1/11/20055:21 PM Approved By Eugene Calvert Principal Project Manager Date Transportations Services Transportation Engineering and 1/12/2005 1 :00 PM Construction Management Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 1/13/20059:38 AM Approved By -, OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1/13/200511 :47 AM Agenda Item No. 16K2 January 25, 2005 Page 3 of 3 Approved By Susan Usher Senior ManagemenUBudget Analyst Date County Manager's Office Office of Management & Budget 1/14/20051 :27 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1/14/20051 :32 PM Approved By James V. Mudd County Manager Date Board of County Comm issioners County Manager's Office 1/18/2005 9:41 AM Agenda Item No. 16K3 January 25,2005 Page 1 of 6 Execu~ve SUmmary Recommendation that the Board of County Commissioners Approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be Drafted Incorporating the Same Terms and Conditions as the Mediated Settlement Agreement Relative to the Acquisition of Parcels 128 and 728 in the Lawsuit Styled Collier County v. Terry L. Lichliter, et aI. Case No. 03-2273-CA (Golden Gate Parkway Project No. 60027). OBJECTIVE: That the Board of County Commissioners approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be drafted incorporating the same tenns and conditions as the Mediated Settlement Agreement as full and final compensation to be paid for the acquisition of Parcels 128 and 728 in the lawsuit styled Collier County v. Terry 1. Lichliter, et ai., Case No. 03-2273-CA (Golden Gate Parkway Project No. 60027). CONSIDERATIONS: On September 19,2003, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of Parcels 128 and 728 for the Golden Gate Parkway Project (Golden Gate Parkway between Livingston Road and Santa Barbara Boulevard). On October 2, 2003, Collier County deposited with the Registry of the Court the sum of $14,300.00 for Parcels 128 and 728 in accordance with the Order of Talcing. _. A Mediation Conference was held on January 10, 2005 in which the parties reached a settlement agreement whereby the property owners, Terry L. Lichliter and Deborah Lichliter, will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 2003-37). The terms of the Mediated Settlement Agreement (attached as Exhibit "A") will be incorporated in the Stipulated Final Judgment to be presented to the Court for entry. The Mediated Settlement Agreement provides for $30,000.00 to be paid to the Respondents in full settlement of all claims for compensation including statutory interest, but excluding experts' fees and costs. Petitioner shall also pay the additional sum of $4,818.00 for statutory attorney fees pursuant to Section 73.092, F .S. The Mediated Settlement Agreement requires Collier County to pay an additional amount of $20,518.00 equaling the balance of full compensation and attorney fees. FISCAL IMPACT: Funds in the amount of $20,518.00 are available from the Transportation Supported Gas Tax and Impact Fee Funds. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan. .-.. RECOMMENDATION: That the Board of County Commissioners: (1) approve the expenditure of funds as stated; (2)approve the Mediated Settlement Agreement; and, (3) approve the Stipulated Final Judgment which incorporates the terms and conditions of the Mediated Settlement Agreement to be presented to the Court for entry. PREPARED BY: Heidi F. Ashton, Assistant County Attorney, Office of the County Attorney ,.,_._-- Agenda Item No. 16K3 January 25, 2005 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date 16K3 Recommendation that the Board of County Commissioners Approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be Drafted Incorporating the Same Terms and Conditions as the Mediated Settlement Agreement Relative to the Acquisition of Parcels 128 and 728 in the Lawsuit Styled Collier County v. Terry L. Lichliter, et aL Case No. 03-2273-CA (Golden Gate Parkway Project No 60027). 1/25/2005 9:00:00 AM Item Number Item Summary Prepared By Date Heidi F. Ashton Assistant County Attorney 1111/20059:18:36 AM County Attorney County Attorney Office Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportion Services Transportation Services Admin. 1/11/20059:41 AM Approved By Kevin Hendricks Right Of Way Acquisition Manager Transportation Engineering and Construction Date .-. Transportion Services 1/11/200510:46 AM Approved By Sharon Newman Accounting Supervisor Date Transportion Services Transportation Administration 1/11/200510:53 AM Approved By Lisa Taylor ManagemenUBudget Analyst Date Transportion Services Transportation Administration 1/11/2005 5:23 PM Approved By Eugene Calvert Principal Project Manager Transportation Engineering and Construction Management Date Transportations Services 1/12/200512:59 PM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 1/13/20059:40 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1/13/200511:50 AM Agenda Item No. 16K3 January 25, 2005 Page 3 of 6 Approved By Susan Usher Senior ManagemenUBudget Analyst Date County Manager's Office Office of Management & Budget 1/14/2005 1 :31 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1/14/20054:08 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1/18/20059:59 AM ,. Agenda Item No. 16K3 January 25. 2005 Page 4 of 6 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIRCUIT CIVIL DIVISION COLLIER COUNTY, a political subdivision of the State of Florida, Petitioner, Case No.: 03R2273-CA v. Parcel No.: 128 & 728 TERRY L. LICHLITER, et al. Respondents. I MEDIATED SETTLEMENT AGREEMENT At the Mediation Conference held on January 10, 2005, the parties reached the following Settlement Agreement: 1. Petitioner will pay to Respondent(s), J€..r<rt-y L. '-I c,,+L.I n::..((.. AH . , c:..~ ~ l' C".((. the sum of 0 0 in full settlement of all claims for compensation from Petitioner whatsoever, including statutory interest, but excluding attorney's and experts' fees and costs. Said sum will be subject to claims for apportionment, if any. 2. Petitioner is entitled to a credit in the amount of $ I tf.) 3 00. 00 which was previously deposited in the Registry of the Court in this case by Petitioner. 3. Counsel for Petitioner and Respondent(s) will jointly submit to the Court for signature a mutually approved Stipulated Final Judgment in this matter as soon as practical hereafter. , 4. Petitioner will pay Respondent{ s) the balance due of $ , S ,., 00. 00 within -3 " days of the actual date of receipt by Petitioner's counsel of a conform~d copy of the aforesaid Stipulated Final Judgment from the Court. ,.._, Agenda Item No. 16K3 January 25,2005 Page 5 of 6 5. This agreement is subject to the approval of the Board of County Commissioners of Collier County. 6. The Court will retain jurisdiction herein as to the matter of Respondent' s(s ')A attorney , s fees and experts' fees and costs. oS "'fP~~'" 7. Attached hereto is an addendum to this Agreement. /' Yes No 8. any. contain(s) al This Agreement, dated January 10, 2005. and the attached addendum. if fthe agreements of the parties. Attorney for Petitioner ~~~ Mediator ~~ð ~~~ Attorney for Respondent.f 2 Agenda Item No. 16K3 January 25, 2005 Page 6 of 6 ADDENDUM TO MEDIATED SETTLEMENT AGREEMENT This settlement is made subject to the following additional conditions: 4r J. Co \ \ \~ iL CO ~T\I \..A.f I 1,... t.. CA...( Jf, 8 ,8. () D ,,'..1 / r- I S'TA"-~'-Ofl.1 A-r"c;~^Jéys r~S 'F,^R-.s~Nr ,-~ 6" r:.. Co t 0 "c " 3 . oC; ~ (I ) FL:o 2 « .i) A 5" T A T"'- ¡-Go! 5 .. -, A mey for etitioner ~p/~- Mediator t Respon ent. :n é..We>I!AH A. ~~~ Attorney for Respondent Agenda Item No. 16K4 January 25, 2005 Page 1 of 6 Executive Summary Recommendation that the Board of County Commissioners Approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be Drafted Incorporating the Same Terms and Conditions as the Mediated Settlement Agreement Relative to the Acquisition of Parcels 117 and 717 in the Lawsuit Styled Collier County v. Jack E. Green, et al. Case No. 03-2227-CA (Golden Gate Parkway Project No. 60027). OBJECTIVE: That the Board of County Commissioners approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be drafted incorporating the same tenns and conditions as the Mediated Settlement Agreement as full and final compensation to be paid for the acquisition of Parcels 117 and 717 in the lawsuit styled Collier County v. Jack E. Green, et al., Case No. 03-2227-CA (Golden Gate Parkway Project No. 60027). CONSIDERATIONS: On September 19,2003, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of Parcels 117 and 717 for the Golden Gate Parkway Project (Golden Gate Parkway between Livingston Road and Santa Barbara Boulevard). On October 2, 2003, Collier County deposited with the Registry of the Court the sum of $23,500.00 for Parcels 117 and 717 in accordance with the Order of Taking. -, A Mediation Conference was held on January 11, 2005 in which the parties reached a settlement agreement whereby the property owners, William E. Bell and Linda M. Bell, will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 2003-37). The terms of the Mediated Settlement Agreement (attached as Exhibit "A") will be incorporated in the Stipulated Final Judgment to be presented to the Court for entry. The Mediated Settlement Agreement provides for $50,000.00 to be paid to the Respondents in full settlement of all claims for compensation including statutory interest, but excluding experts' fees and costs. Petitioner shall also pay the additional sum of $8,382.00 for statutory attorney fees pursuant to Section 73.092, F.S. The Mediated Settlement Agreement requires Collier County to pay an additional amount of $34,882.00 equaling the balance of fun compensation and attorney fees. . FISCAL IMPACT: Funds in the amount of $34,882.00 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: Consistent with the Collier County Growth Management Plan. - RECOMMENDATION: That the Board of County Commissioners: (1) approve the expenditure of funds as stated; (2)approve the Mediated Settlement Agreement; and, (3) approve the Stipulated Final Judgment which incorporates the terms and conditions of the Mediated Settlement Agreement to be presented to the Court for entry. PREPARED BY: Heidi F. Ashton, Assistant County Attorney, Office of the County Attorney Agenda Item No. 16K4 January 25, 2005 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date 16K4 Recommendation that the Board of County Commissioners Approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be Drafted Incorporating the Same Terms and Conditions as the Mediated Settlement Agreement Relative to the Acquisition of Parcels 117 and 717 in the Lawsuit Styled Collier County v. Jack E. Green, et al. Case No. 03-2227-CA (Golden Gate Parkway Project No. 60027). 1/25/2005 9:00:00 AM Item Number Item Summary Prepared By Date Heidi F. Ashton Assistant County Attorney 1/11/20052:44:03 PM County Attorney County Attorney Office Approved By Kevin Hendricks Right Of Way Acquisition Manager Transportation Engineering and Construction Date Transportion Services 1/11/20052:52 PM Approved By Sharon Newman Accounting Supervisor Date Transportion Services Transportation Administration 1/11/20053:03 PM Approved By Lisa Taylor Management/Budget Analyst Date Transportion Services Transportation Administration 1/11/20055:24 PM Approved By Eugene Calvert Principal Project Manager Transportation Engineering and Construction Management Date Transportations Services 1/12/2005 12: 57 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportion Services Transportation Services Admin. 1/12/2005 1 :07 PM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 1/13/20059:41 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1/13/2005 11 :51 AM Agenda Item No. 16K4 January 25, 2005 Page 3 of 6 Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 1/14/20051 :35 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1/14/2005 1 :54 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1/18/20055:28 PM Agenda Item No. 16K4 January 25, 2005 Page 4 of 6 IN TIlE CIRCUIT COURT OF THE TWENTIETII JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIRCUIT CIVIL DMSION COLLIER COUNTY, a political subdivision of the State of Florida, Petitioner, Case No.: 03-2227-CA v. Parcel No.: 117 & 717 JACK E. GREEN, et al. Respondents. I MEDIATED SETTLEMENT AGREEMENT At the Mediation Conference held on January 11, 2005, the parties reached the following Settlement Agreement: 1. Petitioner will pay to Respondent(s), W, L.c....Af'\ ~~L.'- LtÑ \..... ' the sum of So 0" o. () 0 in full settlement of all claims for compensation from Petitioner whatsoéver, including statutory interest, but excluding attorney's and experts' fees and costs. Said sum will be subj ect to claims for apportionment, if any. 2. Petitioner is entitled to a credit in the amount of $ g3¡SOC>. 00 which was previously deposited in the Registry of the Court in this case by Petitioner. 3. CmUlsel for Petitioner and Respondent(s) will jointly submit to the Court for signature a mutually approved Stipulated Final Judgment in this matter as soon as practical hereafter. 4. PetitionerwillpayRespondent(s)thebalancedueof$ A~J SOC. OD v.rithin :Ie days of the actual date of receipt by Petitioner's counsel of a conformed copy of the aforesaid Stipulated Final Judgment from the Court. -, Agenda Item No. 16K4 January 25, 2005 Page 5 of 6 5. This agreement is subject to the approval of the Board of County Commissioners of Collier COWlty. 6. The Court will retain jurisdiction herein as to the matter of Respondent's(s')"attomey' s fees and experts' fees and costs. S~p le.Mc,III"'~k 7. Attached hereto is an addendum to this Agreement. / Yes No 8. any, contain(s) This Agreement, dated January 11,2005, and the attached addendum, if the agreements of the parties. ~~£ biL Respon~ent) ""', , '" Co. . J\ "'" 13 e '" \,.. P oner, ~.." "'¡£I\'~f2:.,G.#c ~~r A:'."yo... A omey or Petitióner ¥ ~4'--:/p . Mediator Respondent L.,N~" . 1Ja ~DAt\Q ~ Attorney for Respondent 2 Agenda Item No. 16K4 January 25, 2005 Page 6 of 6 ADDENDUM TO MEDIATED SETI'LEMENT AGREEMENT This settlement is made subject to the following additional conditions: \. Co ~ L, £..fZ,. c.ø (,4.ÑT'~1 \..-l f'" L pit Y ~ ~ 3 "jJ.. DO /'oJ sTAr"","'t'o('2.$ A-rro ftJ...¡e.....,'S F(;:i£,.s D\.o'Io.lLSMÑ-r To I f r 6¡;£.c.,.rION '13'. D t; ~ (I ) rL.Þ f1t...Q A ..5. A 7'CA.TIE...$. , Peti· er, C ler ounty$L¿u bLtl 1 /\. A¡;~ Mediator _~qbJJ ÜA'OJttC4&.t Respondent; '"J Ie." f~Þ't"If5£.r..c.". ~ C{ (f,p). Respondent (..1 Ñ4.... 'BE.L.c.. ~~ Attorney for Respondent Agenda Item No. 16K5 January 25, 2005 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to approve settlement payment of $750.00 by Collier County in the lawsuit entitled: Brandi L. Walkowiak-King vs. Collier County, originally filed in the Twentieth Judicial Circuit, in and for Collier County, Florida, case no.: 02-443 CA. OBJECTIVE: Obtain Board's approval of settlement prior to Mediation, and prior to the Court's hearing on the County's Motion for Summary Judgment, pursuant to which the County would pay $750.00 and all claims against the County would be dismissed with prejudice. CONSIDERATIONS: On November 24,2000, Plaintiff, Walkowiak-King was driving her car on Pine Ridge Road at or near the intersection of Interstate 75, which area was under construction. At that time a new set of traffic control signals had been installed, but were not yet operational. Plaintiff alleges the new signals were blocking the old operational traffic signals, causing her to go through a red signal, collide with another vehicle, and sustain personal injuries. On November 23, 2000, the Florida Highway Patrol contacted the Collier County Sheriff's Office advising that the lights constituted a danger and the Collier County Sheriff's Office then called the Transportation Division. At the time of the accident, the problem had not been corrected by either the Transportation Division or entities working in the area. Plaintiff was taken from the accident site by EMS to the hospital. She was diagnosed with cervical strain, upper back strain, abrasion to the knee, contusion to the head, lower back pain and abdominal pain. Her medical bills total approximately $14,900.00, with _- $6,300.00 still outstanding. The County filed a Motion for Summary Judgment seeking dismissal on the basis the Plaintiff failed to serve her Notice of Claim with the Department of Insurance in a timely manner, although Plaintiff did serve Collier County timely. Prior to the hearing of the Motion and prior to the Court ordered Mediation, the County Attorney and Risk Management Director and the Plaintiff's attorney agreed to pursue settlement of the entire case for $750.00. While the County feels that it has a viable Motion for Summary Judgment, the fact that the County would have incurred mediation costs of approximately $500.00 (not including the time spent at the Mediation by Risk Management and the County Attorney's Office), and, if the County lost its Motion, the case would proceed to Trial, which would incur expert medical witness costs of approximately $3,000.00, the $750.00 pre- mediation/pre-hearing settlement is reasonable under all the circumstances FISCAL IMPACT: Settlement Offer recommended by staff amounts to $750.00. Funds are budgeted and available in the Risk Management and property and casualty fund. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approves settlement as provided herein and authorizes the chainnan to execute all necessary documents. PREPARED BY: William E. Mountford, Assistant County Attorney ~ 1 Agenda Item No. 16K5 January 25, 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number Item Summary 16K5 Recommendation to approve settlement payment of $750.00 by Collier County in the lawsuit entitled: Brandi L. Walkowiak-King vs. Collier County, originally filed in the Twentieth Judicial Circuit, in and for Collier County, Florida, case no.: 02-443 CA. Meeting Date 1/25/2005 9:00:00 AM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 1/13/2005 11 :58 AM Approved By Nancy Bradley Legal Secretary Date County Attorney County Attorney Office 1/13/200512:02 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1/13/200512:08 PM Approved By William Mountford Assistant County Attorney Date County Attorney County Attorney Office 1113/200512:11 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1/13/2005 12:45 PM Agenda Item No. 17A January 25, 2005 Page 1 of 39 .-. Sheet 1 of 2 A VPLA T2003-AR4686 EXECUTIVESU~Y Recommendation to approve Petition A VPLA T2003-AR4686 to disclaim, renounce and vacate the County's and the Public's interest in a portion of the 20 foot wide drainage easement located along the rear of Lot 86, according to the plat of "Port of the Islands (The Cays) Phase If' as recorded in Plat Book 21, Pages 1 through 4, Public Records of Collier County, Florida, located in Section 9, Township 52 South, Range 28 East. OBJECTIVE: To adopt a Resolution to vacate a portion of the 20 foot wide drainage easement located along the rear of Lot 86, according to the plat of "Port of the Islands (The Cays) Phase II." ,.-... CONSIDERATIONS: Petition A VPLA T2003-AR4686 has been received by the Engineering Services Department from Todd DiRoma, as agent for the petititioners, Felice and Oianna Clai, requesting the vacation of a portion of the 20 foot wide drainage easement located along the rear of Lot 86. A portion of the drainage easement is being requested to be vacated because the petitioners have constructed a pool and pool deck in this portion of the drainage easement. The pool setback in the rear of the lot is 10 feet, so a variance is not needed. Port of the Islands Community Improvement District is the entity responsible for maintaining the drainage easements and they have previously executed a "Consent to Use Easement Area" which gave the petitioners pennission to use the drainage easement to construct the pool and pool deck. Letters of no objection have been received from the following Collier County offices: Transportation Services Division and Engineering Services Department. Letters of no objection have also been received from the owner of Lot 85, the owner of Lot 88 and Port of the Islands Community Improvement District. Zoning is RSF-4. FISCAL IMPACT: The Department of Zoning and Land Development Review 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. .-. ¥>"-.,^,.-- Agenda Item No. 17A January 25, 200S Page 2 of 39 - Sheet 2 of2 A VPLA T2003-AR4686 GROWTH MANAGEMENT IMPACT: associated with this Executive Summary. There is no Growth Management impact RECOMMENDATION: Recommendation to: 1. Adopt the Resolution for Petition A VPLA T2003-AR4686 for the vacation of a portion of the 20 foot wide drainage easement along the rear of Lot 86, "Port of the Islands (The Cays) Phase II"; and 2. Authorize the execution of the Resolution by the Chainnan of the Board of County Commissioners and direct the Clerk to the Board to record a certified copy ofthe 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 Department. - ---- Approved By Sandra Lea Community Development & Environmental Services Executive Secretary Community Development & Environmental Services Admin. Date Approved By 12/15/20044:01 PM Constance A. Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 12/221200410:03 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 12/22/20041:26 PM Approved By Mark Isackson County Manager's Office Budget Analyst Date Office of Management & Budget 12/23/2004 9:44 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Date Office of Management & Budget 12/27/20048:30 AM Approved By James V. Mudd Board of County Commissioners County Manager Date Approved By County Manager's Office 12/31/20041:54 PM OMB Coordinator County Manager's Office Administrative Assistant Date Office of Management & Budget 1/4/20058:22 AM Agenda Item No. 17A January 25, 2005 Page 4 of 39 RESOLUTION NO. 2005- A RESOLUTION OF TIlE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FOR PETmON A VPLA T2003-AR4686 TO DISCLAIM:, RENOUNCE AND V ACA TE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF THE 20 FOOT WIDE DRAINAGE EASEMENT LOCATED ALONG THE REAR OF LOT 86, ACCORDING TO THE PLAT OF "PORT OF THE ISLANDS (THE CAYS) PHASE II" AS RECORDED IN PLAT BOOK 21, PAGES 1 THROUGH 4, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 9, TOWNSHIP 52 SOUTII, RANGE 28 EAST. WHEREAS, pursuant to Section 177.10 1, Florida Statutes, Todd DiRoma of Summit Building Contractors, Inc., as agent for the petitioners, Felice and Gianna Clai, does hereby request the vacation of a portion of the 20 foot wide drainage easement located along the rear of lot 86, according to the plat of "Port of the Islands (The Cays) Phase II" as recorded in Plat Book 21, Pages 1 through 4, Public Records of Collier County, Florida; and WHEREAS, the Board has this day held a public hearing to consider vacating a portion of the 20 foot wide drainage easement located along the rear of lot 86 according to the plat of "Port of the Islands (The Cays) Phase II," as more fully described below, and notice of said public hearing to vacate was given as required by law; and WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's easement interests over and across the following portion of the 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 1 of2 Agenda Item No. 17 A January 25, 200S Page 5 of 39 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 ,2005, after motion, second and majority vote favoring same. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk BY: Chairman Approved as to fonn and legal sufficiency: Jennifer A. Belpedio Assistant County Attorney -, Page 2 of2 ---- tJ err ïO ~c:::..~L...E I lit II ,. A enda Item No. 17A EXHIBIT "A" SHEET I OF 1 A VPLA T2003-AR4686 LAltI7I I I I 1'8 I- I . No ".. ,«J.t/tJ' - « SUNSET CAY It' ......... JItACT D I I 81 -: I I . LEGAL DESCRIPTION OF" A PORTION OF" A 20' DRAINAGE EASEJ/ENT TO BE VACA TFD ON LOT 86, PORT OF" THE ISLANDS (THE CA >'$) PHASE II, BEING MORE PAR l1CULARL Y D£SCR18f:D AS FOLLOWS: COMMENCE A T THE SOUTHEAST CORNER OF" LOT 86, PORT OF THE ISLANDS (THE CA >'S) PHASE II, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 21, PAGES 1 THROUGH 4, OF THE PUBUC RECORDS OF' COLLIER COUNTY. FLORIDA; THENCE N.OO77'47"£, FOR 109.12 FFET; THENCE N.89"54'3rw. FOR 17.29 FEET, FOR A POINT OF' BEGINNING OF' THE HEREIN DESCRIBED PARCEL; THENCE S.OO7S'49-W. FOR 3..63 F££T,' THENCE S.88'58'24"W., ALONG THE SOI.ITHERL Y UlrllTS OF' A 20 FOOT .wOE DRAINAGE EASÐtIENT, FOR 6S.92 FEET; THENCE N.OO7S'49-C. FOR 4.91 FEET; THENCE 5.89"54'37-E. FOR 6.5.90 FEET, TO THE POINT OF' BEGINNING. CONTAINING 282 SQUARE FEET. MORC OR LESS. ..... ... 11 P.O.c. Indlcate8 Point of Commencement 2 P .O.B. Indk:otee Point of Be9lnnlng 3 All dI8toncee ore In feet and decimal. thereof. .. s.orf. are baNd on the Eøeterty IIn. of Lot 86, Being N.OO"17'47"E., per Plat. - . ~ A TRIGO & ASSOCIATES, INC. PROrlSSIorw. LdD SURft'YORS I: PLAHIŒRS 2223 TlUDB CENTBR YfAY NAPLDI, FLORIDA 84109 LAND SURVZ'YlWG BUSINISS I S8ð4 DATE : Aoril 28. 2003 DRAWN BY: EDK SCAlE: N.T.S. SHEET .L OF.L FILE NO. 9....0716.05 NOV-22-2081 SAT 05:43 A},{ FROM:SUWIT. FAX:9415428853 Agen~~¡n1 No. 17A JanU~Zgfir~l Dtá....... euJJ.. ~~. ~~ , . (i) ~~..... PEnnON ,JORM FOR V AC4T10N OJ 1'Lt\TS OR PO.TlONI 0' PLATS 0. S1JBDlV.JDBD LAND RVPI-RrZæ>3.... R2:. ~~ Ptdde.ø. -. . - .......r ~ c t:.~ C~ i Äddnac .~.,~ $Vf"l.S.~ ~ ~ CIty.... n~ð . J¡t'L, ÄIMI: ~I), ~.- Ad..... .~~ SN. 2."1-' c;- T...... n?.. *'S"-Jerlf œ,.... __~ Ú'~ '_k ~~ ZlpC8d.. "!JJftlV Mdr.-oI....JectP~c lïS ~~~.+ dt;l.1tf ~¡oJ. f~ ~ J~I~ "AIe~~)~ LtIcatIGaa .... ',4' TowDllllp ~Z ...... 2!S . ,8IWtriI....' p.£Í'N4c.:Z~ ...... Dllcripdoll. Lot g" Bftllk Uldt Plat ~ J'IaI(I} /... ¡¡ . .RI:wQ Iv .......: Aut. ""'~d.:"', C6.., If PfMltl~I.""U ~., ean-I z..... ~ r::.-.t4- DOlI tIIII......~ v- ""6 , .. - I......,...... A.pm IIbn t" rtpr..t.......,...... . £"i(. L] Ne tit ~L' t:-3-~ ~ DtB /- 6~- Of Prtat Niall (TId1) c .. .. .. r .. c .. .. C - JIIIu. -1IPaIcJ IIid PrGeeån for die Vacatla ad ÀIUßI_at .fJ'llda or ~ ,till.. of ... s.II6IW LMd-... tilt.. of_ppo"", ........ "... .........ay ... pIIItIaD..... d.... or ~. ~. ~ 0--"" DIWIop_ ..I............. ..... m.... ,....... ........... DtlMØIMIt :z-. N.riJa ........ Dr. Nlflll.IIOItIa:MltN It ....1IIInd .. .1." trait, ....... tbe ... 01........... Jr.......* II . ....oNtlø odae.r tIaaD 1& ....Ie corpondlola. IDdlcatetM .... arame... ... .... "'r~ ~.".~ II . partllenUp, Uaattlll ..........Ip .. ...".'- .._. '...d.... tb. -- of pit....... U.d ..... ....... (1) (I)" (3) ~ A.""-t ..." PIle 4 aU t# ¡ I' . .1:).1..... 11'8& ..~IAJ.. e~I~~"cl~a.~'.1 !~O-.'-" ^----- Agenda Item No. 17 A January 25, 2005 Page 8 of 39 Official Receipt - Collier County Board of County. Commissioners CDPR1103 - Official Receipt Trans Number 428228 Date 9/31200310:18:41 AM Post Date 9/3/2003 Nbr Appl Name: TODD DIROMA Appl Stage/Status: REVIEW STAGE NO. 1/PENDING Address: 4004 SW 27TH CT CAPE CORAL FL 33914 Proj Name: CLAI, FELICE Type: RSF T AZ: 283 Subdiv Nbr: 1462 Project Nbr: 2003090004 Payor: CLAI Fee Information GL Account 11313832032910000000 Total Amount. Waived 1000.0Ö $1000.00 Payments Pa ment Code CHECK Account/Check Number 2639 Total Cash Total Non-Cash $0.001 $1000.00 $1000.00 J Total Paid Memo: Cashier/location: MCCAULEYKA TV / 1 User: SMITH_G Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:9/3/2003 10:19:08 AM _ ~ "j.(Z~ G~ FAX: 9415428853 Ageng~q¡n1t No. 17A J M FERRIOLO Jane~~25eð005 ~t* 3007660 OR: 3064 PG~aM~if:Mt UCOIDID ill OIlICJUUCotD. of COJJ.lIl caOn, IL t7,OZ/lD02 at 1113111 HI8ft I. BIDCI, CLI" lie 'I. 6.0D DOC-.1D .7. MAR-24-2004 WED 08:50 AM FROM: SUMMIT. 03/20/2ee4 62:13 9413S9S76Ð QlnT ..ct.AI'M ÐEED IalIØft 10: (Cß(,olld ..'.........d ~ _¥III",) 1Wnc: A;tiCll\ Title s.M:ø A....: 3733 T.miImI TrIll IIOftb -::¡ 1'(aplcs.PI. 34101 /"'1 1'bi. "'$IN..... PnIpMed by: !t\UNDM ~I, '1i1~1,.IPS AðdRte: 3731 Tamìami,.,..' NonII HIIII'" Fl. J·no.a ~ A:ppIaI... hrç,\ 1cS.nú(\claton (P~\io) NII~~t. "'0000)'707 PI1II )jo.: ¡OZ060 I M aetD: ActIOl fBY co PICK UP SPACE ABOVB THIS UNJ! fiOJl PROCBSSlNO DATA This Quit-Cllim Doect, .eau.ted ~ ~ day of.hme. AD. 2002, by iiLVIOCLAI A MARBJED MAN 'first plrt'y. Ix) nuc£ CW JUCD GIANNACLU . HUSBAND AND WIn wbosc: post oftiee addreø iI: ~ MILLCUEK UNI, APT. 203, NA.PLBI. rL 34119 IctOnd party: (WhenIVll' IIIId hnln thl tlfttlltlftnl piny" and ".onò 1*'1" sball ¡MI" lin" .rid plural, hcl,n, ,..., raprcscn1llt1vCII, and _pI of Indlvicl1lall, ITlci the $UCCeSIOCI .nd IIJlÎgrø of corporlllonlt wbøwr 1tIe ow.t 10 _nhl 0(' requim,) Witnessath, na·t the said tint ~. for md m cOft$itteraaoll of the aum of S10.00, ill hud paid by the said &eeODd. party, the Jl!ceipt whel'llOf iJ hcicb)' lICIaIøw1edaed. doca hereby remt.., ,....' ød quit-claim v.nto 1hc said $CÇond partY forever. aU dII ri¡bt, dIe, illta'elt, claim mel _and which the laid II.nt part)' bas iD md to die foUowiÐø dncribed Jot, piece or puot1 ot IID~ .irua1e, Iyiq ud. Milo¡ iD tho CoIIDty or CoDt. SWe of f'1orlda. tcJ.wit: LOT 86, POR.T 0' THE ISLANDS, PHASE rwo, ACCORDING TO TIlE PLAT THEREOF, OF REC01UJ IN PLAT BOOK 11, P AGE{S) 1 THROUGH 4, OF THE PUBLIC'RICORÐ& 0' COLLIER COUNI'Y, FLORIDA. THE SUllTBCT PkOPBRTV IS NOT THI HOMESTBAD OP THE GRANTOR, NOR IS IT cœmovous TO HIS LBOAL HOMBS'I'BAD WHICH IS J.OCA TED AT 1$448 SAY VISTA DRIVE. a...uA.MONT. PI. 34711 To Have and to Hold, the ..~ to.ttber with III ad sinpllr dao ~ thereunto belonatnl or in .uywiu .ppatainin¡, 1ID4.u the estate, riaht. title, ~ u., equitY and claim wbat:loever of the said f1rIt puty. elther·in laow or equity, CO 1'he only prope:r UII" benefit amcI 'bebalf 0'1 the said øcoad plJ't># fOl'C'Vet. In WitnCIIS ~ The said firat plrty bas ¡jp14 aDd lII1ed these preøntllbe ~ and ~ar first above written. ~ot gI] rJD'NL ~~:...sw- !<krle Rbæ;ø$ B£~~ / -~,- <- -~ . Printed Namt~ g; t 11-0. ~ 11 ~ "4 ~rYI/ STA TB Of FLORIDA } COlTNTY OP Lú ke..- f ~y CBRTrPY cbIc OD thi. diy, bcfÐp me, aD oŒcer duty authorized m the State .tQJeAW and in the Cov.nt)' -. .for~ald ~ tab '!'c~!,I~, pItIOnally lJ'Pt*'I'å EL Vlgg¡..u wbo is perIOIIIU)' .knðWD be me or who hIS produced t:.!::~~~ U identification ADd wbQ~ DOt take aD. oath. WITNllSS "'Y lad and 0lil'111 ae;¡¡ in dIt Cc>uø\y IIId S.... "".- thi. ;;¡'f1t,~e2~' t'arce 1 ¡: i1!S~ J. Vol ol Agenda Item No. 17A January 25, 2005 Page 10 of 39 Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112-4997 2002 Tax Roll Inquiry System i OWNER INFORMATION II PROPERTY INFORMATION r>;ame:I~~I, FELICE & GIANNA I IParcel: 1168300003707 " Acre:10.28 I Address:lf2440 MILLCREEK LN APT 203 I ~1175 SUNSET CAY. NAPLES (MM.) I Address:IL II Legal:IPORT OF THE ISLANDS (THE CAYS) I Address: IC I ~IPHASE II LOT 86 OR 1985PG I Address: IL I I Legal:II810 I Address IINAPLES, FL 341:1.9-8987 I lliiilll lVAlUElEXErtIPTIONS I TAX INFORMATION II PAY TERMS PAYMENT INFO I Taxble Value:U62S0 I County: 11454.75 II Nov: 113. 543.16 Paid Dt :1103/18/03 I Millage Code:219 I School St: 11505.57 II Dec: 113, 580.07 Recpt: 11108407 I Homestd Ex:!lO I SChoolloc:11297.83 II Jan:I3,616.97 Mach:109 Agricltr Ex:IIO I City Tax: 110.00 II Feb:l3.653.88 Paymt: II a, 690. 79 ! Widow Ex:llo I Dependt: 11558.80 II Mar: 113.690.79 I Mort: 110 l Blind Ex:IIO II Water: 1161.21 I Apr: 110.00 I, STATUS INFO. I Disabled: 110 I Independ:I!O.OO I May: 110.00 I, Non Ad Va:lv I Veteran Ex: !IO I Voter Appr:l!a.12 I Wholly EX:iIO r ·JtGross Tax: Ila, 690. 79 I Installment:N I I Deferred: IIN I I Glvi ¡ian Ex: :10 I Appr fee:lO.OO I Bankrupt:: !IN I Advertisi ng: 115.97 TDA: 0 II I COMMENTS I ,x Non Ad Val,t)rem Amount Included in Gross Tax I NON AD VALOREM INFORMATION I ~ IIAuth # I/Auth Name Per IIAmount I ICommunlty Improvement 119004 ¡¡PORT OF THE ISLES IIBENE/UNIT 111,809.51 '~~~~,',;~fj ""-~$...,j~~'~/.-.,.,~;, Last Updated: 8/12/2003 5:00pm ... "."...."',.A~....>;:_...,.. http://www.coIliertax.com/RecordDetail.asp ?F oIioID=683 00003 707 8/13/03 1m ~ ! i! ',' .~.. ...... ............ ~ ...~. .,...:;. .;. ..........,..,............ ...... ~..... ",' ..... ,........., ...........,.. u. ·:"'r",...,,:.::.::.:.':.:,:.:.:~t:.::.:.:.:.:-:.:.:.:.:.:.,...................'..1. 'pr" ŒJ @] . . :~: :~:; ·e· : : ( ! i \ ; J i IŒJ ~.:./:::~ ¡ i } i ¡ } j \ i . ~ } } .- rn .". .... ¡ Age da Item No.,.,11 A anuary 25, ~5 Page 11 39 . . . ·~··...w········· ŒJ @J .... .. . [' ..... . . ...N....···!'" U.S. .i ¡ s ~ i!i ! i .... IT .... 1= fOllCf. CD } Rc:,oS5tS5MeN' M~P rlJlJl' ... CD Ii.: ...- FAKA UNION CANAL t CD .' 1NCT I ø ~t ~i i;;. ~ 92 ~ a :II ." - ,.. ~ 91 ,', 85.00 90 338.1!12 ,.~..., . '. 5 00'7'47" w' ne.07 tc . .S'0Ó17'47"W. T 17: ~~'TOr-D:E: - - - , , D.E. -.~ ~ -,ii.36 - -- s (.. '·ee\. 8,Íi , " """,' f',:- ~,i~ " ·N.. 00,7'47", E ',' '1'>";""1'111'83 ,:; ,.¡'/l~ 'Fr~ ." . .."!'t ~'. 86 , \p .:·".l ;...."., . . ...;: H ,ocn~47· E ,H7.22 'l¡t4¡ \'1'1 '.x.¡;.;:t . ;t~~'). 1·,1 ,..::~:, (!I~'.7'47" E ,. ~·"7.5.'J -: o 10 ~ >- « u ~ ~ ~I' :), !'t- ,.: . Ie ci7J ..:. ~ . 8 f" ~ - 'N :t CI) aJ VI 8 .~ 8 ~ I I 8 0 ~. I t- o <t: Ct: It- B d ::. iõ ~ 75 S Q4'OJ'4J. W '21.'5 ;'76' ... ",S :o-g -<-¡:~ ~79 ~ ~eo .. '~ C) tern No. 17A üary 25, 2005 Page 12 of 39 . (' -'1 ~.... '." . ("M\t0~~W¡ L~ I,. ,;,. . .~ I'~' ~I .\ ., ',i' .. , ..../ ',.,.; '. , . . ~ -'- .__........a.- ',.....". "._.._ ';::~;:Jt/· . 8:1: ,:,,' .tt,.!·t ,. :':. ., ,':t;:' '. , ~I~l·,. "\". ·...ê~r:~,·.,.. ; ~('.¿,; ¡ ..: ':l: <. .... ' .y';;;', ">:. o ~,:' ~,:: ·····W<~ ·!tt,· .~' æ·· ,oW: ~ « z ;« () ':.~ 'W >.....;j C,Z' '.. ... ',' . . ,H~:~i;:. \ "<:Z" .. W"\ ." ~~'::..:''''':' ~(""" B:1~;:';'· ., . Q';" . .';It'}:':, ' ....,. . ,';;",~if~:,; . Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112-4997 2002 Tax Roll Inquiry System t'a2e 1.or 1 Agenda trem No. 17A January 25, 200S . Page 13 of 39 Parcel , OWNER INFORMATION . II PROPERTY INFORMATION : I Name:IIREID, JOSEPH F. MARIA I parcel:ls8300003503 II Acre:0.28 I Address:llpO BOX 153 I I LocJI1S6 SUNSET CAY, NAPLES (MaD} I I Address: I I Legal:IlPORT OF THE ISLANDS (THE CAYS) I Addr888: II I I Legal: ÞHASE II LOT 78 I Address:! I I Legal:] I Address:IIWARETOWN, NJ 08758.0153 I Legal: I Iv ALUElEXEMPTIONS TAX INFORMATION ¡ PAY TERMS II PAYMENT INFO I I Taxble value:l115000 county: 11449.87 NOV:n3,010,S5 II Paid Dt :n02l1010S I I Millage COde:219 SChooI8t:1I500.14 .Dec:js,041.71 II Recpt:112160 I I HomestdEx:lo Schoolloc:1I294.63 Jan:s,07S.08 II Mach:U05 I Agricltr Ex:lO City Tax:lIo.oo Feb:s,104.42 I I paymt:lIs,104.42 Widow Ex:UO Dependt:l552.79 Mar:3,135.78 II Morta Blind Ex:JlO Water:II60·55 Apr:llo,oo I STATUS INFO. I Disabled:llo I Independ:~.oo May:o.oo I Veteran Ex:O I Voter Appr:lIs.08 Non Ad va:lv I I Wholly Ex:llo I * Gross Tax:113,135.78 Installment IN I I Civilian Ex:UO I Appr 1ee:llo.00 Deferred:I\N Bankrupt::N I Advertising: 110.00 TDA:\O I I COMMENTS I * Non Ad Valorem Amount Included In Gros. Tax I NON AD VALOREM INFORMATION I TYPe IIAuth * Auth Name II Per Amount Icommunlty Improvement 119004 IIpORT OF THE ISLES IIBENEIUNIT 111,274.72 I Last Updated: 10/14/2003 5:00pm http://www.colliertax.comlRecordDetai1.asp?FolioID=68300003503 10/1512003 WG-12-2081 TUE -08:54 PM FROM:SUMMIT. Uetal1S MX;Y41J4L~~JJ AgerJ¡~trf~ÛI. 17 A January 25,2005 Page 14 of 39 folio No.! D.DOoalll "'::.":..1:" ~ A.n" c-ä MENtoR I - Current Ownership Pro~ Add"'~ 1121UNS!T CAY CAY "'IOH ~ Zlpi oMOIO - ~I=: :~~DS ~E CAYS) SectIon 01 Acres 0.27 171'00 1 POftT Of THE ISLANDS ntE CAve)PHASE II SINGLE PAMIL Y RESIDENTIAL 2003 Preliminary Tax Roll Values (Subject to change) Latest Sales History Land VII... S 112.710.00 , (4-1lmprovecl Vatue . Zzø.llO.oa (II) ~ V.. . 1&3,210.00 · (.) 80H I!xeImt Value 1..00 ,.., Ae....... Value a 1113,210.00 I-t HomnfqI ...d other EumDt v..... ".0. (.) Taxable Value S 38S,2".OO Dale 800k.Page Amount 01 J 1M7 22M - HI 10.'0 01/1.4 1... . '" . la,IIIO.oo SOH = "Save Our Homes" exempt value due to cap on assessment increases. -- The Intormltlon is UpdIIted V'Mkly, http://www.collierappraiser.com!RecordDetail.asp?FolioID=0000068300003 529 9n.2I03 AUG-12-2081 TUE'08:53 PM FROM:SUMMlT, Details ~AX:Y41?4Lee?j Agenl~~~~~ 17A Jth§ty 25, "2Q05 Page 15 of 39 -- Current Ownershl Adell.. 178 SUNSET CAY ... FL. 34109 - 6914 Leg" PORT OF THI! I.LANDS (THE CA VS) PHAse II LOT 18 Acr.. O.2B $11300 o PORT OF THE ISLANDS (THe CA YS)PHASI! II VACANT Rf';$IDENTIAI. 2003 PrelIminary Tax Roll Values (Subject to change) Latest Sales History .-' Land V"ue $ 135.700.00 !i;\ v.. 10.00 (-\ Market Value $ 131.700,00 H $OH Ex.mot V..lue , 0.00 ,.) A......d Value $13$.700.00 (-) Hom.~ad ilnd other Exempt Vallie $ 0.00 !"') TaxebJe V.lu. S 135 700.00 ~ IIoDk . ...... Amount 10 / aODO Z121 - 1081 . 110.00D.00 07 /111' 2872 - 3283 '0.00 0% 11.3 1794 -416 . 83,000.00 SOH · "Save Our Homes"' exempt valUe due to cap on assessment increases. - The JnI'ormt¡Uon I. Updlteå 'JI.Ihkly. http://www.collierappraiscr.comlRccordDetail.asp?F olioII>-O0000683 00003 545 9/22/03 ".~--- AUG-12-2081 rUE '08:53 PM FROM:SUMM!T. JJetaJl s MX:~41J4L~~Jj Agen~WAIJII~.l17A J an~ry 2r 2005 Page 16 of 39 Folio No.. 1.3D0003581 ~ Current Ownership . Property Add,..' 174 IUNS!T CAY I I own. NIme POTTS TR. JOHN R Addr--. JUDITH A POTTS TR ITF J R & J A POTTS 8-28-88 2221 ELDER RD CItv VIRGINIA BEACH I St8IeIVA n ZJDlz34611 0 1105 c..g.J1 PORT OF THE ISLANDS (THE CAYS) PHASE IlI.OT 78 SectJan 09 AcraII 0,29 8ubNo.. 671300 o PORT OF THE ISLANDS (THE CAYS»PHASE II VACANT RESIDENTIAL .. 2003 Preliminary Tax Roll Values (Subject to change) Latest Sales History lAnd v... 1137,176.00 ft., mDrøved v.... $ 0.00 /..) MIIrket Value $ 137,175.00 1-1 SOH I!umpt Value $ o.OD Tor} Assesled ValLie $137,175.00 (oj Home....d and other I!xempt Vilue S 0.00 (iii) Tilluble Valul!I $ 131,175.00 DIIÞ 80CIk 0 ~ Amount 04 /1111' 211J4 . 18&& . 61,ODO.00 08 11814 1914 . 380 $ 30.600,00 SOH = IISave Our Homes" exempt value due to cap on assessment increases. - The InfurmIIIIon 'S Updeted Weeklv. http://www.coIlierappraiser.oomIRecordDetail.asp?FolioID--OOOOO68300003561 9/22/03 AUG-12-2081 TUE'08:53 PM FROM: SUMMIT, Det.aíls FAX:941,42~~~) Age.ik~b~~ Page 17 of 39 Polio No. 6B3000G:&B17 ~ Current Ownershi P AcId... 170 SUNS!TCAY 0Waer N...JI KLARR. $ GUNNAR 401 S OLD WOODWARD AVE ITE 415 Ci¥lllJlRMINGHAM . ..... MI L8IaI PORT OF THE ISLANDS (THE CAYS . PHASE II LOT 10 I a.148008 - .8Z2 &ecIIon 09 Acru 0.31 &71300 D PORT OF THI! ISLANDS (THE CAYS)PHASI! II VACANT RESIO!NTIAL. 2003 Preliminary Tax Roll Values (Subject to change) Latest Sales History Land v.... $ 148 110.00 I ,., ....rond v..... . 0.00 1-1 MarØt Value $ 141.270.00 [.f SOH Exemøt V.'ue $0.00 ("I Ass..sed Value $ 148.270.00 I:)Homaateacl and olher Exempt V.hle $ O.OD 1=) Tanble Value 1149,270.00 D* IIaok . ".. ArnDulll 0511999 2149 . 20!O . 93,OGO.OO 02 1883 11M .471 $ 715,000.00 SOH = "Save Our Homes" exempt vatue due to cap on assessment 'ncreases. liliiii The InfonnIaIIon I. Updeted VlMekly. http://www.collierappraiser.comIR.ecordDetail.asp?FolioID=OOOOO68300003 587 9/22/03 Parcel Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112-4997 2002 Tax Roll Inquiry System Pal!e 1 nt J Agenda !'Cem No. 17A January 25, 2005 Page 18 of 39 OWNER INFORMATION II PROPERTY INFORMATION I Name:IKLARR, S GUNNAR I IParcel:168300003600 1/ Acre:O.28 I Address:I401 S OLD WOODWARD AVE STE 465 I I Loc:1I166 SUNSET CAY, NAPLES IM8D) I Address:! ~lpORT OF THE ISLANDS (THE CAYS) Address: I Legal:llpHASE II LOT 81 I Address:! I Legal:¡ I Address:IIBIRMINGHAM, MI 48009-6622 ~I , v ALUElEXEMPTIONS I TAX INFORMATION PAY TERMS PAYMENT INFO I Taxble Value:1I123200 I County:I481.95 Nov:/l3,651.15 Paid Dt:11127102 I Millage Code:1219 I School St:535.80 Dec:3,689.18 Recpt75252 I Homestd Ex:llo Schoolloc:I315.64 Jan:3,727.21 MaCh:/oe Aglicltr EX:O City Tax:llo.oo Feb:U3,765.25 Paymt:13,651.15 Widow Ex:llo I Dependt:1I592.21 I Mar:U3,803.28 MortUa Blind Ex:O I Water:1ts4.87 Apr:llo.oo STATU$ INFO. Disabled:/lo , Independ:Io.oo May:o.oo Veteran EX:O I Voter Appr:3.30 Non Ad va:Uy Wholly Ex:O II * Gross Tax:1I3,803.28 Installment:N Deferred:IN Civilian Ex:llo II Appr fee:I~.oo Bankrupt::N I Advertlslng:lo.oo TDA:O 1 COMMENTS 1* Non Ad Valorem Amount Included in Gross Tax ! NON AD VALOREM INFORMATION I Type IIAuth # IIAuth Name IIper IAmount I ICommunlty Improvement 119004 IIpORT OF THE ISLES IBENEJUNIT 111,809.51 I Last Updated: 1O/14/2oo35:00pm http://www.colliertax.com!RecordDetail.asp?FolioID=68300003600 10/15/2003 Collier County Tax CollectQr 3301 Tamiami Trail East, Naples, FL34112-4997 2002 Tax Roll Inquiry System Agend¡~~J RKl17A January 25, 2005 Page 19 of 39 Parcel OWNER INFORMATION II PROPERTY INFORMATION Name:!\NELSON, CHARLES & DEBORAH I Parcel: 1168300003628 II Acre:lo,35 I Address:lipo BOX 56 I Loc:1I182 SUNSET CAY, NAPLES· (MaD\ I Address:1I1940 MAIN RD I Legal:lPORT OF THE ISLANDS (THE CA VS) I Address: ~IPHASEII LOT 82 I AddresS:li ~r I Address:IIWESTPORT PT, MA 02791-0056 ~I I V ALUElEXEMPTIONS I TAX INFORMATION I PAY TERMS I PAYMENT INFO I Taxble value:379320 I County:1I1 ,483,S8 I NOV:7,752,35 Paid D1 :1112/061'02 Millage Code:219 J School St1,849.86 I l Dec:7,833,10 I RecPt:US5041 Homestd Ex:O I SChOOlloc:U971.82 I Jan:l7,913.86 I Mach:U09 Agrlcltr EX:O I City Tax:lo.oo Feb:l7,994.61 I Paymt7,833.10 I WIdow Ex:llo I Dependt:1,823,35 Mar:Js,075.36 I Mort:llo I Blind EX:O I water:1I189.72 Apr:lo.oo ') I STATUS INFO. I I Dlsabled:llo I Independ:lo,oo May:O.OO I Veteran Ex:lo I Voter APpr:1I10.17 I Non Ad va:1lv I I Wholly Ex:l~ I * Gross Tax:lIs,075.36 I Installment:\ N I Civilian Ex:l\o II Appr fee:I~,oo I Deferred:N I Bankrupt::IIN Advertlsing:llo,oo I TDA:O I COMMENTS * Non Ad Valorem Amount Included in Gross Tax I NON AD VALOREM INFORMATION ! IType I!AUth # IIAUth Name Ilper I Amount Communlty Improvement 119004 lPORT OF THE ISLES BENEJUNIT 1,809,51 Garbage 119013 IIGARBAGE IIDIST 1 11127.27 I Last Updated: 10/14/2003 5:00pm http://www.colliertax.comIRecordDetail.asp?FolioID=68300003626 10/1512003 ~.,-,-- Parcel Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112-4997 2002 Tax Roll Inquiry System AgenJ>¡;fl8êrrl Rb.l17 A January 25, 2005 Page 20 of 39 If OWNER INFORMATION I PROPERTY INFORMATION Name:ILICKI, RAY P I Parcel:l68300003642 II Acre:lo.35 Address:11300 W 4TH ST I I . LOC:163 SUNSET CAY, NAPLES lM.D} Address:JI I I Legal:PORT OF THE ISLANDS (THE CAYS) Add ress: 1/ I I Legal:PHASE " LOT 83 Address: I I I Legal:U AddreSS:WILMINGTON, DE 19805-3608 I I LegaJ: I V ALUElEXEMPTIONS I TAX INFORMATION I PAY TERMS I PAYMENT INFO I Taxble value:1154008 I County:l602.46 Nov: 114, 129, 77 I Paid DI :Ib 1/12102 I Millage Code:/l219 I School St:1669.78 I Dee: 1/4, 172. 78 Recpt111148 J Homestd Ex:O I SChoolloc:l394.57 Jan:1/4,215.80 Mach: 1108 I Agrlcltr Ex:/lo City Tax:o.oo Feb:4,258.82 I paymt:l4, 129. 77 I Widow Ex:O Dependt74o.30 Mar:4,301.84 Morta I Blind Ex:/lo Water:/l81.09 Apr:llo.oo STATUS INFO. I Disabled:O Independ:Uo,oO I May:o.oo Veteran EX:UO Voter Appr:14.13 I Wholly EX:/O * Gross Tax:114,301.84 I Civilian EX:O Appr fee:I~.oo I Advertlslng:JO.oo I Non Ad va.y Installment:IIN Deferred:"N Bankrupt::IN TDA:O I COMMENTS * Non Ad Valorem Amount Included in Gross Tax I ! NON AD VALOREM INFORMATION I IType IIAuth # AUth Name Per IIAmount I Icommunlty Improvement 119004 PORT OF THE ISLES BENE/UNIT 111,809.61 I Last Updated: 10/14/2003 5:00pm http://www.colliertax.comlRecordDetail.asp?FolioID=68300003642 10/15/2003 ÂUG-12-2081 TUE'08:53 PM FROM: SUMMIT, Details F'AX:941?4288?3 AgenJ~~~ ~Q. 17 A JMM~~ '~.12005 Page 21 of 39 Folio No. moooos.., own. Name LICKI. RAYMOND Addnu. 1300 W 4TH ST CiV WILMINGTON « ...... DE I 2ID11!tI06 - :IS08 Legal PORTO¡rTHI! ISLANDS THE CAYS) PHASE II LOT U 571300 o PORT OF THE ISLANDS VACA.NT JlI!SIDENTlAL 2003 Preliminary Tax Roll Values (Subject to change) Latest Sales History - Land Vllue S 1TT .8811.00 DAtfI look . ...... Amount .+, V.. . 0.00 OI/18&T 2321 -... . 80.000.00 ,., Marlc8t Vllue $177.815.00 Ot 11'" '''4 . 1188 $ 283.800.00 t-) SOH I!xemDt Value S 0.00 (It) Ä...ssed Value S 177,886.I»Q (-) Hom..tød and other Exempt Value $ D.DG (-) Ta::able Vi:llue . 177.18&.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. - 'The InrormatIon Ie Upclatecl 'Neekly. http://www.collierappraiser.comlR.ecordDetail.asp?F olioII>=0000068300003668 9/22/03 -~..~.._-,--'-~_.- AUG-12-2081 rUE '08:52 PM FROM: SUMMIT. Dew 1 s FAX:941)4LBS~3 Agenl~~r¡i ~L 17 A Jth~fry ~s: 200S Page 22 of 39 foUo No.1 88300003884 .- Current Ownership Property Add...., 171 SUNSeT CAY , OWner NImI SIEGLER, 'I1iOMAS S-& PRISCILLA AddNuee 111 SUNSET CAY Cfh NAPLES n statel FL II ZlDI34114 ·9$14 Leg" PORT OF THE ISLANDS (THE CAYS PHASE II LOTtS IIKtIon 08 Acres D.32 Sub No. ,,~ LI- Cad. 671100 1 PORT OF THE ISLANDS (THE CAYS)PHASE II SINGLE FAIYILY RESIDENTIAL. 2003 Preliminary Tax Roll Values (Subjed to change) Latest Sales History lAnd Value 8 160,893.00 1+\ d v..... $ 221,8".00 (a) Mark.tValu, S 372.782.00 (.) SOH E)CemDt V..lue $0.00 1;;\ A..eaud V.IU4I $ 37'2.'TSUO . (-) Homestead and other Exempt Value $ %5,080.00 ¡;o¡ Texabhe Vaiua S 347,71Z.aO Dale IIooIr . Pete Amount 03 I ,ttt 2528 . '133 $ 260,DOO.00 06 J 1997 2SlI ·516 '0.011 Of 11114 1.83 -1488 $ 42,000.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. --- The Infarmlllion Ie Updåd Weekly. http://www.collierappraiser.comlR.ecordDetai1.asp?FoliolI)-;OOOOO68300003684 9/22/03 AUG-12-2081 TUE'08:52 PM FROM: SUMMIT, Details FAX:9415428853 Age1ilik~b~ Page 23 of 39 PoUo NoJl"SðODOS723 - Current Ownel'Shl~ Property Add....1171 SUNSET CAY J owawø... CAMOLL, MARK ,...&MlDORI M Addrt.... PIC .470 BOX 2100 CKv FPC " ... AP . ZlDltSI34 - 2100 LegalI PORT OF THe ISLANDS (THE CAYS) PHASE II LOT 87 Acrea o.Z& SectIon 09 SIIb No.. 671300 D PORT OF THe ISLANDS (THE CAYS»PHASE II VACANT RESIDENTIAL 2003 Preliminary Tax Roll Values (Subject to change) Latest Sales History Laftd v.... $ 137,17'.00 ''''fiñDrcMd vaau. $ 0.00 (==1 Market Value S 137,171.0D (-I SOH !xemDt Value $ 0.00 1-) ,us..Nd Value $ 137.17SAO MHomeece¡¡d and othar bamøt Value $0.00 I-¡ Tp.xable V&lue . 117,176.00 DMe Book - PRe Amount 10 11886 2240 . 21. S 46,000.00 at 11994 1.83 . 2S1 $43,100.00 SOH = ItSave Our Homes" exempt value due to cap on assessment increases, - The Infor'IMtIon I. Updllted vv..kly. http://www.collierappraiaer.co.mlR.ecordDetail.asp?FolioID-0000068300003723 9/22/03 WG-12-2081 rUE '08: 52 PM F.~OM: SUMMJI. Derails MX:Y41J4L~~Jj Age~~~""'q 17A ~ry ~5, 2005 Page 24 of 39 Foßo No.8 88300003749 lU1IBD.I Current Ownership p~ Add..... 183 SUNSET CAY ... FL 34114 - 8614 I L Laøel[ PORT OF THE ISLANDS (THE CA VS) PHAse.. LOT 88 8ecdIon 09 ~ Township f ~. I Ac.... II Map No. t strip No. $2 21 0.28 7009 671300 88TD09 S713ÐO PORT OF THI! ISLANDS (THE CA VS.PHASE II 1 SINGLE PAMtl Y Rl!S/DENT1AL 2003 Preliminary Tax Roll Values (Subject to change) Latest Sales History Land v..... $137.175,00 I f.' nDlOYed Value . 291.721.00 (a, Market Value $ 433,101.00 (oJ SOH Exemot Value '0.00 (II) A...SMd Value $ 413.901.00 r (~r ":Iom.atead ..nd other Exempt Valu. $ 25,000.00 (Co) TWlable VlllJtt $ 401.101.00 D.a Book ..... Amount 12 J 1999 2819 . a:s $ 58.000.00 01/1.84 1.82 . B52 $ 29,400,00 SOH = t1Save Our Homesll exempt value due to cap on assessment Increases. - 'The Irdblmlllon is UpdIåd Wieldy. http://www.collierappraiser.comlR.ecordDetail.asp?F olioID=OOOOO683 00003 749 9/22/03 ''''-'''."'''',','",..,..........."'-"-"'.,'''''",.,".,.,.,;,~. .- Collier County Tax Collector 3301 Tamiami rrail East, Naples, FL 34112-4997 2002 Tax Roll Inquiry System Age}1IiCftdm>Ñ~. 17 A January 25, 2005 Page 25 of 39 Parcel ,-, OWNER INFORMATION II PROPERTY INFORMATION I Name:IABDO, RAYMUNDO & LAURA BILLIE I parcel:68300003765 II Acre:10.28 I Addreas:IPO BOX E·1801 I I LOC:187 SUNSET CAY, NAPLES (MaD) I Address: I Legal:PORT OF THE ISLANDS (THE CAYS) I Address:1I I LeQal:1lpHASE n LOT 89 I Address: I Legal: I Address:UOCHOPEE, FL 34141..0000 I Legal:! Iv ALUE/EXEMPTIONS I I TAX INFORMATION PAY TERMS I PAYMENT INFO I I Taxble value:l1162S0 I County:l454.75 Nov:1I3,543.16 I Paid Dt :1103/18103 I I Millage Code:1I219 8chool 8t:IIS05.57 ceC:3,580.07 I Recpt:108270 I Homestd Ex:O SchoOlloc:1297.83 Jan:13,616.97 I Mach: 1109 I Agrlcltr Ex:O City Tax:o.oo Feb:3,653.88 I Paymt: 113,890. 79 Widow Ex:llo Dependt:1558.80 Mar:1I3,690.79 I Mort:llo Blind Ex:UO water:161.21 I Apr:lO.oo I STATUS INFO. Disabled:o Independ:llo.oo I May:O.oO I Veteran Ex:O Voter APpr:l3.12 Non Ad va:lY Installment:lN I Wholly Ex:O * Gross Tax:113,690.79 I Civilian EX:O I Appr fee:llo.oo Deferred:IIN Bankrupt::N I AdvertlSlng:5.97 TDA:IO I COMMENTS I * Non Ad Valorem Amount Included in Gross Tax I I NON AD VALOREM INFORMATION : Type IlAuth # !Auth Name IIper Amount Icommunlty Improvement 119004 IIpORT OF THE ISLES IIBENElUNIT 111,809.51 I Last Updated: 10/14/2003 5:00pm hrtp :llwww.colliertax.com/RecordDetail. asp?F olioID=68300003 765 10/15/2003 ~ I I I J WE 11iIS ::NT . ON BEHAlF )"'E~ ,,, i/ .~ ~ ,',..,-c RY) PEO, :>: ).,f ~'-,:,,;.. to c.. I~r. (- 'i"'¡ ~~ -j r: = ¡¡¡¡ fill < E ~ ~ ~U <e;!!!.H_ ~ == . Po. C 3., ~ -" °IN >-~txi 8ì~ ! ~ E-I f .. .. ..~...u-.~./ff3 .... . ... ....... .. '7- /Ï ;,.. ...'.oí"_.. U'v.Þ _ _L tHIS ~~ B:t.mE_~cqJNtyjtEAL'TH 00 tHIS ~ DAY OF ~1i~ MTH CO! TO CENTRAL WATER AND CENTRAl. SDÐcACi[ SYS1Ðot: AN[ INOIWlUAI. POTAa.£ WATER 'jIEIJ.$ OR~SEWA ARE PERIoInm. TRACTS "r' AHD .,. 10 'THE PORT OF tHE ISlAHDS CawUUNHY IUI'RO'ÆWÐIT DISTRICT AHD a>wER COUN1Y F'aR DRAINAGE AND I.AlrlDSCAPlNc PURPOSES. EXCEPT MÐE O'THER EASÐIÐtTS AM SHOWN, (LAHOSCAPINC LAMTED 10 N4Y IÆRE IIE'iQND nIEH'IY LD LUICIN .£. nrr LANDWARD OF IÄIŒS CON1WCl EL£VATIONS AHO /IHY N«A YH:R£ OftNNAGE . . ~ HOT BE OIS~). ~ ~ OF IMIN'TENANCE TO THE ENVIRONMENTAL ENQNI PORT OF 11£ /StANDS CCMUlTY IWfIRO\ÐIÐrT DISTRICT NÐ NO RESPONSI8IJTY OF IotAIN1ÐIANCE 10 COUJEJt COUNTY; AND; 1HE PORT OF '!HE ISlAHOS aJIIIoIUNI1Y WRO'ÆWÐIT DISTRICT. 1HE AREAS DESlCNA'ÆD P.OJ.C.I.D.U.£.(U1IUTY EASÐIÐI1S) AND 'THE WAM DIS1RIBU'IION S'/S1EUS, SANITARY AND S1QRM SDO COU£C'I1ON SYSmIs, AND DRMWIE FAaU1ES COITAINED M,.., 1HOS£ EA!i'ÐœfT'S AND M~,A'" 'THIS PLAT, IM1H 'THE IlAlN1ENANŒ 1HEREOF1AHD¡ I~U DEDICATION STATE Of' Fl.ORIOA COUN1Y Of' COWER KNOW AU. MEN BY 'IHESE PRESENt!' THAT PORT OF THE ISLANOs, INCORPORATED. A FlORIOA CôRPoRAnCN. 'THE OWGS OF M LAHDSlXSCRI8ED AND fHa.uDED IN 'THIS PLAT HA'Æ ~ 'nftS PLAT OF ~ OF' THE ISUHIIS (THE CAYS) I'HAS£ . T\I IE iliA)( NÐ SU8DMDED AS SHOWN AND 00 HfREBY D£DICATE THE FOI.LOIMNG: TO 11£ PORT OF tHE ISlANDS c:oMtU«TY IUPRO'v'EWENT DISTRICT. AU. ROAD RlCHT$-CF-WAY. SMt£ IEING ~ AS 1RACT -0'. AIC) '!HE IiIAlN1tNANCE THEREOF. SUB.ECT 10 EASÐIENTS HER£N'1IR SET FORTH; AND; TO THE PORT OF tHE ISI.NmS COIAUI1Y IIf'IIIO'ÆWÐIT DISTRICT AHO COWER --Þ- CCUNTY. tHE fU..I.OWIIC. AS ORAINACE EASEWEN'lS(D.E.): A 20 FOOT ¥I1DE STRP OF LAND AT 11£ REAR OF LOTS 4 1MRCIUGH i2, NÐ. A 10 FQOT MDE StRIP OF LNG AUNIMC ALONC AHD ABUT1INC tHE COAION SIDE OF LOTS 1i. 20, 25, 21, J2, ». 311, .... 44, 4S, ao. 51. 57. 58, IJ. ... 58, 70. 7S. 77. 82. 13, III. AIC) ., AS SHOIII, IMTH R£SPCN5BU'IY Of' IiIMI'IENANCE 10 tHE PORT OF tHE ISlANDS COMMUNITY IIPRCNßIENT DISTRICT AHD NO RESPOHSIII..nY OF 1oIAN1ÐIANCE TO a>wER COUNTY: AND; TO THE PORT OF THE ISLANDS COtaUITY IUPRO'ÆMENT DISTRICT, THE CONSERVAlION EASÐiIEN1S(INa.IJOINC 15 FOOT BUFÆR STRIP) AS OEF1NED IN CHAPTER 704, FlORIOA STA1U'TES; AND: TO 1HE PORT Of' THE ISlANDS CCIIAIUNITY IMPRO'oIDIÐIT DISTRICT AND COWER <XIUN1Y. THE 20 FOOT lANOSCN'E IIUR'ER EASEWENT RIJNNINC ALONG THE BOUNDARY U"I£S OF 1RACTS "A' AND "8' THAT RUN IN COIAION WITH 1HE OOU'Df R!QIT-OF-WAY LINE OF U.s. HlCHWAY 41, AS SHOwN, M'TH R£SPCNSIIUTY OF WAIN1ENAHCE 10 '!HE PORT OF THE ISlANDS CawlofUNlTY M'RO'tÐENT DIS1RICT NIl) NO RESPCNSlBlUTY OF IIIAlN1ENANCE TO COWER CCUNTY. lANDSCAPE UUllEDTO '!HE NORTH 10 FEET OF '!HE BUFfER EASEIoIENT AND COIS'lRUC1tD WROVÐÆNTS M1HIf,I '!HE SOUlH 10 FET LNITED TO 'THOSE NEEDED FOR '!HE U11UTY EASÐlfNT(U,E.) DmNED IN lHE DEDICAl10N HEREIN; AND: TO L.fE COUN'IY El.£C1RIC COOPERA 11'0£. INC.. ITS SUCCESSORS AND ASSIGNS, UNITED TElEPHONE COMPANY OF FlORIO"- ITS SUCCESSORS ANO ASSIGNS, AND PORT OF THE ISlANDS CawWUHl'IY IWPRO'ÆMENT DISTRICT: A TtN-FOOT-'MDE NON-EXCLUSI'ot: UnUTY EASDlENT(U.E.) L'rING WITkiN LOTS 4 1HROUGH 12, BEING MORE PARl1CU~ Y DESCRIBED AS FOLlOWS: A TEN FOOT WIDE U.E. WItHIN AU. 1HOSE PORl1ONS Of' LOTS 4 lHROUGH 92 L'rING MMN 1ÐI FEET Of' TRACT '0": SAIO Ul1UTY EAS£W£NTS CROSS AU. DRAINAGE EASEIotENTS ENCUMSERlNC 'niE SEl.£CTED SlOE LOT UNES AS SHOWN HEREON; AND; A SIX FOOT 'MDE U.E. ALOHC lHE SIDE LOT UNa OF LOTS 4 THROUGH 112 EX'TENDlNG SIX FEET ALONG EAGH SIDE OF THE LOT LINE. EXCEPT Ylt4ERE ORAlNACE EASDIENTS ARE SHOMol. SAID UlIU'IY EASOIENTS ARE DEDICATED FOR THE PURPOSE OF 1HE CCNS'lltUC11CN, fHSTALLAlION. WAIN'TENANCE. AND OPE~A 11 ON OF 1HEIR RESPECl1'ot: U11U11£'S; AND: lRACT '0" AS AN EASDlENT FOR INGRESS AND EGRE!iS AND AS A NON-EXCLUSIVE U1IU'IY EASEME,.,T FOR 'THE PURPOSE OF 'niE CONS'lltUC11ON. INSTAUA lION. WAlNTtNANCE. AND OPERA nON Of' niEIR RESP£CTM: Ul1U11ES; AHO: 'niE UlIUTY EASEIotENTS, AS SHOMol. 'THROUGH lRACTS "A". "B". "C", ....ND "E" AND ALl OTHER U.E. AS SHOIWI. FOR n-tE PURPOSE OF 'THE CONS'IItUC11CN. INSTALLATION, IiIAlN1tNANC(, AND OPERATION Of' 1HEIR RESPECl1VE unUl1ES ; AND; TO ANY AUTkORlZED CABL£ T[L£\IISlON COMPANIES, 1HE UlIUTY EASEI.IENT5(U.E.) FOR THE COHS'lRUC'IION. INSTAUAl1ON. IotAlNTENANCE. AND OPER.... 11CN Of' CA8L£ TElE'JISCN SElMCES PROVIDED 'THAT 1HE USE DOES NOT IN'ÆRFtRE 'MTH rHE SER'o1CES PRO\llDED BY PORT Of' 'THE ISLANDS COMwUNI'f'( IIIPROIIEIoIENT DISTRICT AND 1HE PUBUC ununES AS PER Fl.ORIOA STAruTES , 77.Di1 (2?); AND; COUJER COUNTY AN ACCESS EASDlENT OIlER lRAeT D FOR niE SOU: PURPOSE Of' F'ERIotlmNC EUERCENCY SER'-'CE 'WEHICl£S; AHO; TO 'niE PORT Of' 1HE ISlAHOS CCIoUAUNITY iMPRO\iÐolENT DISTRICT. niE FI'WE FOOT 90EWAU< EASEMENT AS SHOWN 'THROUGH TR....CTS ...... ANO 'E', 'Nlni IoIAlNlt:NANCE RESPCNSIBIUTY ANO NO RESPONSlBIUTY Of' M.....NTENANCE TO COUJER COUNTY. I HEREBY Cf SlJR'WEY Of' REFERENCE AS REOUIREI ?CfNTS (PCF niA T &tIS F I ...vRniER ( -:JON MEETS TO SoEcnON Of &tE LAN! hA!'; ; DAY OF /~- I!!:;./ '¡-,h~ '. .' ."'''' ~ SIGNED IN 'THE PRESENCE Of': PORT Of' 'niE ISLANDS, INC.. A FLORIOA CORPORA 110M " ~. . <... ~ .. : ..... " .....--::;:/' /. - /- 8Y: ",:;'/ltttI"-4,/~.." ~ ~~"""'t!"~' GHARL£S E. IIHTE, PM SlDt:N T WI_SS -:"" ~ .' ----1..L..I. . ~ . WlT10IESS .... .". ¡O, ..... ;'/,,; ,-1 SEAl.; Agenda Item No. 17 A DEVELO 1.ß1...""Jan~A?Q05 P~'I S~M~3~EP~ n·ns PLAT APPRO'ÆD BY 1H£ SI!t..D£VELOP~ RE\IIE~ COWER COUNTY, F1.ORIDA, THIS ~DA1~DAY or. ~~; ~ r. 104 A.£WSKi CT PLAN REVIE ER COUNTY ENC COUNTY HEALTH DEPARTME UTlLTIES DIVISION THIS PLAT APPROVED BY ~E Ul1U11ES OEPART\lDI.J.OF CC COUNTY. FlORIOA. 1HIS.!..- tAY OF '" . Ib.&... CO 'THIS PLAT APPltQ.'Q BY ~. ....T1Q8NEY Of' COUJE Fl.ORIDA. THls.lêl....Y ot: Y'i~ ~~~ ~ KENNETH B. CtI COWER COl· ,. COUNTY COMM!SSIlJoL1 'THIS PLAT APPROVED IN REGUlAR OPEN IoIEtTlNG BV 'THE E COUNTY COIotI.lISSlONERS Of' COWER COUNTY, FLORIDA, 'THI! D....Y Of'~111U- PROVIDED rrlAT Tk£ PLAT IS F'lL£D IN 'niE 0fT1CE Of' 'THE Cl.£RK OF THE C COURT Of' COl.UER COUNTY. fLORIDA. 11 ATTEST '4_ ,./. : . -.¢!.. ~.~. ~ .J. t~ E BF;0:KP'ëLERK SUitT L. SAUNt)( CH.....RIotA:1 FILING RECORD I HEREBY CER11f'Y '111.... T THIS PLAT HAS BEEN EX....MINED BY TrI.... T IT COiIIPUES Wlni niE REOUIREMENTS Of' CH....PTER 1 7 Of' 'THE STATE Of' Fl.ORIDA. I F'UR'TH£R CERTIfY 'I11....T SAID' "''''s FlL£O FOR RECOfID AT ..L.aA...... 'THIS .i2nÐ....Y Of'..LA 19.!1.- AND RECORDED IN PlAT BOO!< PAGE Of PUBLIC RECORDS Of' COWER COUNTY, Fl.0R10A. çJ ... 0 . ....th. JY.i1C'.HT E 03ROC( :LERK Of' CJRClJi r ( IN AND FOR COUJEI '" ¡¡; 92 a 91 ~' . st I - .- 1/1 i 90 ~ .-. '$ 00'7'47" w· ,:' . '.118.07 ..; ~>- -<C ···U I' I-- W .tn 8 . ' '8 Z .. .:::> ~, > :~. :~;"ôD-I7'4'" W ,.':. T'.;;: 77'iTFoZ ~ -- .' :10D.E. .' "':".:- - -,ii,j¡ - -: ~ . . , ,~::.., .: ·~~1·:~'~,;.',:,:1:8;84 ~:k';87 ~::!1.~~~;;~:; i;:...' '.'. .. \' /' ...... .; 'N,. Ocn'7'47", E '.: ¡ ':~~) _(~:~!¡'~'13 .·..··"·1 :~~"tY.;>,~ ! ~;. .' If- S' l.~'86' .~" t;~:.\ ~; -' oJ, .' . . ,',.", ~~~~<: ."',;. " .~ ~"'DCM7:47" E I',·;, ,~t'¡'.12 . .", . ~. ~, . . ·Ct ftI¡':.,: . . ~...,\,,,'\ . zi ..'..,..". !. '><; .. " .' t.I,~,' -"'.=~ .. 8 ~ ~~ . .," 7* . ;:, ~'~:¡, '. .. " .:' ':\.. '", ---~~": S uNÈ., ~" ...A.1H.'·...~ ·AttRfR\.II'CTLOT ,GE, SHOWMi'-ARE>;,-o:M;f.:!; OM SOR'ÆY,...AI)e:~~N . ~. t :: ~~~~~. ,'~·,··~·r~~; ;. h;" ,',' ,-'- .....:0 .. ',' ;¡¡ ~ 75 S 04'03'...,· W 121.18 . ; 76 ---'1C1Í2,--- 8 8 .. ... is - .~¡~~ 77 ~ i ,d7J ..,.r~'. ,. ·N ocnT47" E &.oJ 8 § . ~ ~ æ In I I . O~, I .. I- U « a= If- ! ::. o tem No. 17A uary 25,2005 Page 27 of 39 :'~':~ ~:'·\~~;.\I , '+~ï~:j:,,·;:,; . 'I '" .,':": .~>!~~.,:...; ?1:i..y.~~~ '~.: . '. i,';.M:H~.w;L~ ':;':I;/::'~~ ~,,'~.:.',,:.I."';" ., . ., ~L' 4Ii.,.. . . '. r', ';' . ,,~, ",.,., '. ;;~f~{; , .'. ti . .~.~.' " ~; _ .a:-..':'-¡;.'~ ...,~~, ~.:.;.- .-. I .." z ", \~K~~?'\:.~.::·. '-'0. , .",,-,"';;). . t. '~~',~'.:'~ ; , . .' Ë= ~ ~ æ - 00 '" ;>I " :.~. -< '''~'\ U :':j r:à r; : ø.. b ø.." "~ ..... )'.:.; 0 .~oo N. .'::>- ~ ~.;¡ø;.; Uoo ... f¡5 == ~ ~ o ~ o ~ .. l.:'~' "'i : ,Iþ ','1 " ."~. -~. ~'~i{'L;:~~\~,' '. ." ;. - "I'"~''' ., '·:'i íf¡~:[f\ '~~. '. .:',::);:" . " .108.18 78 ;' N OO,T4T E ' '~1.Je 1411: 79 ; ., N'lXnT47" E 112.113 80 .N ocnT47" E. ¡ '14.85 z .. 81 w" .,', . . .. ... '. '., .,....;\{.~:...:..;:~.~,- ;.~~.'":,;,, ,..... ..".' l'~""~~"',', < " .·..,~·,...~.~it-d.'''''\ .:;~' > ~~!'~,~$)'4~;1;¡·1.,i:'.'.;~ : .' '."~,¡ '~,,"' "';I""-~"~ . '.~ .' :II,~. JG-12-2081 rUE' 08: 50 PM FROM: SUMMIT. . ,.~ ··011 ~"/M'~ AJ~,·(ia-¿(:el rEI I j :4'~ ~JU ~¡'\ IlL: ¡,¡I.M J ÞAX:~41JqLöö'j FAX: 94 \ 54n8~, [nul:, J Ap~ß~a¡ltem No. 17 A ~rmary 2S, 200S Paij~,f~ of 39 3034545 OR: 3095 PG: Jll.1 - RBCCÆ~IÐ lJ 01'!O:A~, RJCO,J. 0: COLüI!R CO~HfT 11 oa!ZiIZ002 at D2:01PI O.JQHf ¡. BlOCK, C~Jlt RIC 111 l.,G~ DO~·,1D . 1~ :OP115 j.O& TI,ia insl!~lJr.1en~ WQS srtp&l't¿ by IInei ¡houd b, J'C!I.rJ3ed to: Canl.1 H. Cwe. !Iq, VOLlns. ....M )"11,,,cletp, V.rr...dOO " Anderson, P.A. SO I L.;IICI Oak D/I\lo, SuIre Joe Naple¡, FlorJål1 34108 1941 5D7·2814 1m: fO~Na 1~ AiB'~DjR1 If A~ , 0 m 7$01 mU$ n ~W: cgNSEt;T TO USE EASEMEST A.R~4 TH1S AGREEMENT made thbJQ.. dlLY of .,)vL1 .1002. between Pon of the Islands COJn11l\lnity Improvement District ("DisTrictn) aDd FeHcc CJaf. Oia.nn:¡ Cla! and Elvio Clei ("Own"u'). ,f' ,. WHER.EAS. District is the hold~r ofc draiug. e~cment ("Druine¡~ Eilsemont") lOCAted on Lot 86 C\5I described in Ih: PInt of Pore ofth= I¡lind. (the CAYS) Pl~se lI. recorded in Plat Book 21. 1>~es 1 thl'OLlQh 4. of tb~ PLLb:i~ Rccorc1, of CoWor Count)' I r lozjda.: and ., .. . WHEREAS. Owners ~ the owners of the: fee simple irl1crest in lot 86, WHEREAS. Owners wish to construct n swiml'ning pool, deC!k iUtd I15JocÎAted facilitj'i ("rmpr(W~ln~nt''')' pl!.rtiAl!y Within 111: DndnC1¡c Euemcm, W HE REAS. Oi!! rict is wH!inS to conS0r\tto Owners' propo"~ us~ 0 ~tb: drøfnr.ge easement. NOW. Tli£REPOltE, Ìl1 cOl'Isid~rlUiol' ofd~se premises, the District Md Owner hereby ;'¡L\r~d us to!!ows: I. NOtwithSltzmdíl'lJl ony of thQ proYÍ,iot\s afth" DrtlhUlse Eaacment whiel'-prohibiu Ct):utn.lction and ill!ltÐUntion of the Imµroyemenrs Qnd subjcl:t to me terms. stipl.l1ations and L:\)ndjdcI1SStnlecll~~~Íl~, COllse!'!t ia hfreby a¡vc=n by District to Owners to ¡!)8tal~ lna.1ntIÍlunà udJize ~ the mpro\lc::m~Il¡¡ wIthin the portions of the Dt'Gjn&\se G¿¡.lcment as .mOW!) on the IlttGch=d Exhibit .'A.:' 2. OWnars h.ereby lLCCépt this Consent tQ t:$O Euemer'lí Al~l\ with full know!edSC: Qt' '"""""""'""·'·-'""··""'"''''''''__"''''.__W'''"'''''','''' JG-12-t,P'8~ ~~r O~~?O P~~ t~OMr.~SC~('~~ ¡. ~i,-,...-~~'~ - t,vO~ . hL ) ..,.J ... FAX:~41,q¿öö?j FAX:94l54l2a3~ ! 11"'''' -r A~æltem NO.17A Jan~x.f.,5, 2005 OR: ~095 PG: ~ftr90f39 District'. prior lights ad exisdna faoilities. ThI.s Consent shall not be construed to reduce or dirninilh D ¡strict: I prior rlshu i¡¡ an~' wQ"j, 3. O\\T1ers' shall reoonstruct tho dtaina(c IWa1~ located witW.n tho Dl'lUI1&iO ¡aacm~nt In accordanoe MIll the þllns and spcci.t1c&1tio.M approved by the Distri01 Engineer, Any deviAtion Û'on'l the approved plans and speoificatìol\s aball require prior written approval of the District Engineer. 4, The District ,hall not Þe lil\ble in A.r¡y manner for dama.¡es to, or tb~ COlt of replACement of. all or i1.n)' port~on of the Improvements and th= Ow&ll:rS 11mDy assume.till risk £IJ1d ~)(pc.rue invotved in the replAe~ment or reoonJtruCúon of IMI:, 5, Owner sbal! be responsible for obœtning any I.Qd aU approvnl.9 of any' othðr ~ntity having An interest in the Draina¡e E..01'netlC. incJuQ1n¡ Co111er County. 6, Owners hereby a¡ree to lndelnnify. s,v~, de-tend and hold harmle., Dia1rict I.Íl1chlding, without IhnitG.tÌon. Diatrict'8 officers, omployees. agents. nomi..'1e8S anå residents) from and Qgo.inst :my and. c1l11035cS, damtlel (includln¡, withom lin'1itl1tion~ uny IU\d ~l C(Jnsequel'1.ûal dAmA~esi, costs. chary!!e. CxpcI1se.. çlllims. dema.'1ås. causes of action. QC~oUntl, sums of money. reckortiJ,gs. bounds. bills. c.ovenants, controversies. I1gretLUents. promises, variances, tte!pcsscs. ~)(C:CUtiOI~s. And liabilities (Inoludin¡¡ reo.sonabl. attomoys' fees i1DQ c:osts n, Doll levels ant1lor lì~g:.'Itjntions) whatsoe\'er: lit lAw or L" equity, wb.otbor in rQn. ir. contract. or o'ChcE'\vi.~. whic:b. tn!l.Y be tI$Sfl'ted. or recovered a¡¡ainst Dj.std~t (includina. without limitation, Distrit:!t's offioers. employees. ¡¡geI1ts, nominees. nnd re.aidctl'l.ts). whether :usenc:d by suit, procc~dlng. defenses. CO~IL1tercla¡ms, set-offs Or' othcrwiee. res~1tinø from Owners' . tlWiiJ'sUCOOI80r, or Qssi¡tlS (indudin¡;¡. without limiuuion, their in...i\ccs. licenseos, t'hmch!sees, Guests, lesaees, employees. agentJ and I\olnin~~.), use, enjoymen~ ILI'IcI. OCgltp~ncy of '¡be Drail'l.Age Eucme."1.t. -..- "G-12-2081 TUE'08:51 PM. ~ROM~"S~,I.T,.", ~'I"'-V:'~ML"'\I"~' ~~'I j¡1 ,q t'M tnOM::sLMM¡., JI.hr' I", V .r.. . . ~AX:Y4IJqLöö') FAX: ;4 t 541êS53 11.1\A'¡'" J f\mrrd¡ Item No. 17A "'''january 25, 2005 OR: 309,5 ?G: ff'l30 of 39 7. This Agreement shwl Qontllluo in £WI force and eff~ct until tmDjnarcd by n::cordin¡ ~ iastrument in the Public: R.ecotds of CollJer County, F]oridf1..i¡¡ned by all parties ber~to. 8, AU of the terms and FovLdon! ~f this aereement .hall be binding upon and shall inure the benefit of the beir!,IUCCCB$Ol'S IUld asa!¡ns of the panles he.retO, 9. It Ïi mutuaUy ~Ulder!1tood and agreed tnat ~ aareomcnt, as wriuen. covers aU of me agreelnent. and stipulations belt\\'een tho pll1;ioll and that no reproscI1Tadc}S lit sta¡,:=onts. oraj 01' written. have be:n mad; lUodifyJng, addiD¡ to, or chlU\gÌl1g rho tent1sl1.orcof, IN WITNESS "W1ŒREOF, the parries have I:auaeå. their l1Nl1CS to be hereunto subscribed this ~., day of JulY, 2002. WITNESSES: }~ 'h- .~~, ..- r'(...q V/~ VV\, ~I VI ~ cC' ~ ( Printoc: N.vno ~~ ~t..:\.-~..~ ~j~lIQrur!! e (,.. A '" j) I 0 1J Ii I .4-c:c.- J..{.. ) OWNERS: 8Y:~ ð'c$-' .~ ice QJ. Pri/1red Name STATE OF FL~.DA COllNn' OF I ,"'I/I.·"!!,[" " ~à~~; 'me (oNgoing ir.atrument \ViIi ACKnDWled¡ed befpJ'e me rhis a ~ day of '. 12002. by Ft!lic:e Clt1; who is f_l per3IJnAUy known to me or (i] ha.s p'odl,¡e~d ~f\I ~,I.I"{j ,":oJ/) ~ ¡:¡ ~? ,';j _ AS ldentificarlo!'\. ~~f¡~'L I; ~ /~-2- ·~C:T~~V ~ifn1tê .4, I"}~G '01, Commission Number: ~.! jo"¡ 7 ".~ 7 arPNiN A, MOORE . W CO."'IUICIN . CC 1041'7 1)(,IiIRt!!LIIr"¡AfY euao.l ¡ &;,pllf """l1«li\' ~\lil.lIItI_... JG-12-20'81 rUE' 08:51 ~~ .FRO~_:"S~IT,,~ .';~l;~0~·£û6¡ El l1;,U I'M ~J\U,~,: ~UMMI1, FAX:~ql?4Löö'j FAX:941,428853 ! flloT.IJ v Ag~Qdp Item No. 17A . :JMu~ry 25, 2005 OR: 309:PG:P3i.(~1 of3B e~ ,1_',. ~~~~~ S¡i~ltU!'e (! , t\.~ JJ,,, !) \ V ( .,. 'c:.. H ( Prlnkd Name ~~-~\Å~~ Signl1ture ~ ~(A. M· J:);I/l ~ HI Printed N.8I'n. ~ .. .' . f II'; g ~I'I'\& .lJ q ...~L. ,Io " I . I 't' "\C[~;-:k STAiE OF' F~p.rDA COUNTY OF " [1:.( r , . 1i1e foregoilli JnstrUt'l'lcnt WI' QCknowle~l"d before n\1! this..l.1 da>' of~, 2002. by Qill11L11 CIa! who is (.....] personally known to me or Li! l\u þroduc6d ¡:'(~ ~ ':')~I,..,ire .-:~ 1"¡~ ~; as identification. , mPHIN A. WOQft! . í\ ,.,w CCt.lMIa.¡C:V , co 1M7t7 rl ¡XPlAla¡ J'41111't 17, aoc~ . ..... n...1f1'oIIYllullls~.. J ,. , /) 'v!', ",~ At ~ 6icA- , ' '., ï.¡ //t<:'1....~ JI" ¡ -' I. 6ì f/n -"nul N.",~ ~,J: '" ,,'\C\ .. " I L1i~t'" ~- NorAR y PU~UC C .' N b "J""'[)*'1:J-/.)"~ omn~ls.s¡on urn er:t, ~. ':;10., I J I SlSl\Þture By: E¡víö Clni Þrh~ced Nwne S ¡"lInn-u'e Printed Nl\me STATE Or- FLORIDA COUNTY OF The forego Ins Ílatn.:ment.,..,1S I\ckrlowltdQod batbr~ me this _ dnYQf ~._. 200:2. by Elvie C'hd who iJ [.J p"'lsonnlly known to 1M or [_J has rtoduot!d ~ iclentifielltion. P M NRlnw; NOTARY PUBUC CQmmis~¡oli Number: - ~.._- UG-12-2081 TUE'08:51 PM. FRO¥.:.S~.IT",_ :~~~i-Jë-¿Çôl Hi l¡:;v FM lh:):\t;,~.,;MM,¡, FAX:~41~4Ltiö?j FAX:94¡54¿ôg:3 ft1\J,C, I Agel),~;! Itßm No. 17 A ~~f'íuáry 25, 200S OR: 3095 PG: ~~j9 1fi * wrrNEsSES~ 8y: I,¡,,'r,;.~ STATE OF P!..OJUDA. ' COl.iN1Y Of' '-I'up...~ The fore¡oin¡ inl%n1mc:nc wu IIckngwl.dgcd before m~ ~h¡s .2, ... day d ¡-¿, J J". .2002, b)' Rich¡rd Gatti I&S ChairmAn ofth, POt't ofrhelslal1ds C~rnl1~}Üt)' IJn'Jl'QvemcncDistrict \vho is W persona.H)' known to me Or [-1 has produced ,« 'I"$"I4~ 'I., I<,^,/lf .. idel\tif1oadon, 1:~~. ~~.y. ',Ig; N....I V ~ . It ~ ~. NOTARY PUB C COlnmisslOl\ Nun1ber: A'~ ¡y.~" R.I.e/lQ Q), ~'~ M~COMMIIØH' ÞDCI7IiH 110M \ t Nov.mlJIt zp. 20111 IONDC,,*,ftIII'MII_iII:. '.~..' ...., , ",\'...' 1I!'.I..IID'~ØlII.t~·I:IIII'ÞII allbc lJ/ølCOlllo:llf Ia u..1:l1IiIfIIIoII11 ÁIGØofIODI1u.IINIII'II.\Yp;: Agenda Item No. 17 A January 25, 2005 Page 33 of 39 Memorandum From: Rick Grigg, P.S.M. Engineering Services D~ment, CDES Edward J. Kant, P .E. (!!;!J Transportation Operations Director To: Date: December 29, 2003 Subject: Port of the Islands, Lot 86, Request for LONO I re-read the dedication you provided and I must have missed that one line because I may have been concentrating on the next line that enumerates the lots with the side yard easements. I apologize for the mis-communication, Earlier today I went to Port of the Islands and viewed the house, the pool, the "seawall" and the area in general. Based on that viewing and based on the infonnation provided in Mr. DiRoma's original letter of request dated August 6, this Division offers no objection to the granting of the vacation request, subject Board of County Commissioners' action and approval. Please be advised that this LONO is site specific and may not be used as a general case. Differing site conditions may result in differing sets of facts and differing opinions regarding any adjacent request for vacation. Each such request will be considered on a case-by-case basis. Please advise if there is anything else you need on this issue at this time. cc: Jerome Kurtz, P.E., Stonnwater Management Section July Minor, P .E., Development Review Section Tom Kuck, P.E., Engineering Services Director File: Vacations (Port of the Islands, Lot 86) Transportation Operations Department Agenda Item No. 17 A January 25, 2005 Page 34 of 39 COLLIER COUNTY GOVERNMENT COMMUNTIYDEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION Engineering Services Department 2800 N. Horseshoe Dr. · Naples, Florida 34104 · 239-659-5744 . Fax 239-643-6968 ENGINEERING REVIEW DEPARTMENT www.co.collier.fl.us August 13,2003 Mr. Todd DiRoma Summit Building Contractors 4004 S,W. 27"\ Court Cape Coral, FL. 33914 Re: Letter of No Objection Vacation of Portion of Drainage Easement Port of the Islands (The Cays), Phase Two, Lot 86 Dear Mr. DiRoma: We have reviewed the information submitted to us as justification for the above referenced request for a 4.91 foot vacation of the 20 foot drainage easement and have no objection to the vacation for the following reasons: The engineer (Hole-Montes) has approved of the vacation The responsibility of maintaining the easement is with the Port of the Ittlands CDD The vacation does not appear to have an adverse effect on the drainage facilities This approval is granted with the following stipulations: 1. All other easement holders must be notified and written concurrence must be obtained from them for lhe vacation 2. If maintenance of the easement or of structures within the easement is the responsibility of a homeowner's organization, written approval must be obtained from that entity. Ifyoll should have any questions, please feel free to contact us at 659-5757. L 1 John R~~~WOrth Senior Engineer c o l~~ " t' c o .. ... ~ .v - Agenda Item No. 17A January 25, 200S Page 35 of 39 THOMAS AND PRISCILLA SIB(iìl£ft. 171 Sunset Cay Naples, Florida 34114 (239) 393-0638 :Vtarch 4, 2003 !. (I W horn It May Concern, \¡,j¡;, Thomas S. Siegler and Priscilla J. Siegler of 171 Sunset Cay, Naples, Florida do not object to the 11,,;ation of the home. pool and lanai at 173 Sunset Cay, Naples, Florida owned by Felice Clai. Siil'..:erdy, I . y.,.... . :/<--' -----... ."'" ,.- .,)...- _. ~,., --", r ,/ '::;,..< - // ,// y.... ,/,.-., /ü" , f';'1/1 (·/'r.i(- / ' I ~ . ) 1\, / / " ~___,~., I / , ~ ./~ " ,"" .,þ ,.:~ ( ,,of ,.., .:. ,;.' .../~¿¿ ¿"'¿~:.-J.,,) -¿~/ '!t¿ .. ...td '?5~ / {j¡-f ~ - -~"._..- I' Nò ~·"'ft,·-P'!.~, t',., Agenda Item No. 17 A . "., January 25, 2005 Page 36 of 39 ~; Ol?j~.G+ ¡O""'l _b~+~-(.," ..----., __,~~:r~,' 3 - ~ - 03 I N +h~ "" a.U·cr 6D 11 '-e.\" n it-" J +h<. C.I ~ l Rt ~ ,d~ <:.<. , L.l'+ 8 <.- 0+ 4-h(., Port 0+ -+-h<.. Is.lA."d-s. :t. n4.V~ No oloj"-"\-¡·on +0 +h<.. PDc:>1 d«.<.i<. e..r1(",(O,,<:J..II·N~ +'h{, e.a...s<.me,..,+ or +k<. ht'\1bcr wø..U 0(') +h~ b~.Yd~.r: hGo"';:' 111;) Dloj<.c.+;DIf\ ·h:. C.o(ll"t.r'" C~\,/.\~ va.cct...htið + VI. -c. ~.~ ~ t1'\ c.. '" +- . [0 + id Ba N"M"'~ ð~ Add,.~~~ ':. /¿:'3 ~,v£'d cA7 $ i (jn....-+ I) r-<... ~ DG,..-tc, : ~ð 0 :J ~"'""-~"''-~';-'''''''''''''"'''''"'''''.''''''''''---'''"","'.'"'''''"'''." Agenda Item No, 17 A January 25, 2005 Page 37 of 39 DANIEL H. COX ATTORNEY AT LAW 206 West 6th Street Post Office Drawer CC Carrabelle, Florida 32322 Of Counsel to Young, van Assenderp, P.A. Telephone (850) 697-5555 Facsimile (850) 697-2171 Naples (239) 370-0842 E-mail dhcox@gtcom.net Collier County Engineering Services A TIN: Mr. Rick Grigg 2800 North Horseshoe Drive Naples, FL 34104 RE: Petition to Vacate Drainage Easement in Favor of County Lot 86, Port of the Islands Phase II, The Cays Dear Rick: The Port of the Islands Community Improvement District ("District") has been asked to provide a Letter of No Objection regarding the above referenced petition. The District is the beneficiary of a drainage easement co-located with the County's easement. The District previously granted the owners of Lot 86 a Consent to Use Easement Area, which is recorded in Official Records 3095, Page 3175 of the Public Records of Collier County, Florida. This docmnent details the conditions under which the owners may encroach into the District's easement The District has no objection to the County's vacation of its interests in the easement area provided the following conditions are imposed: 1. The County's vacation of its interests in the easement is not to be construed to affect the interests of the Port of the Islands Community Improvement District. 2. The property owners must continue to comply in all respects with the Consent to Use Easement Area between them and the District. 3. The County's vacation of its interests in the easement over Lot 86 does not affect its easement rights over any other lot or parcel within the Port of the Islands. .. Agenda Item No. 17 A January 25, 200S Page 38 of 39 Mr. Rick Grigg August 19, 2004 Page 2 e know if you need any additional information. Thank you. Daniel H. Cox Port of the Islands Community Improvement District District Attorney ..."""'..........,_...""-'-,~'"'""'"..;..;...~.."',;...""".;,.._., Map Output Agenda ~~No'?~ JA January 25, 2005 Page 39 of 39 http://arc.collierappraiser.com/servletlcom.esri,esrimap.Esrimap?ServiceN ame=ccpa _ desi... 12/14/2004 Agenda Item No. 178 January 25, 2005 Page 1 of 4 EXECUTIVE SUMMARY SE-04-AR-6485, an Ordinance amending Ordinance 02-53, the McIntosh Professional Office Complex to correct a scrivener's error in the Legal Description for property that is located on the northeast corner of Goodlette-Frank Road (C.R. 851) and 13th Avenue North, in Section 34, Township 49 South, Range 25 East, Collier County, Florida. OBJECTIVE: To have the Board of County Commissioners (BCC) correct a scrivener's error within the legal description of Ordinance 02-53 that is consistent with the Collier County Growth Management Plan (GMP) and the Land Development Code. CONSIDERATIONS: The BCC approved Ordinance Number 02-53 on October 22, 2002. This action provided for the -, rezoning of the subject property from C-I and RSF-4 to the C-2 Zoning District. The Zoning and Land Development Review staff subsequently discovered that the Legal Description referenced an incomplete legal description in the final draft Ordinance. 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 rezone that was approved by the BCC. 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 C-2. 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-6485 1 -".."..".~.......,..... Agenda Item No. 178 January 25, 2005 Page 2 of 4 GROWTH MANAGEMENT IMPACT: 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 Section 6.02.01 of the Collier County Land Development Code. RECOMMENDATION: That the Board of County Commissioners approve the scrivener's error cOITection to Ordinance Number 02-53. PREPARED BY: Raymond V. Bellows, Manager Department of Zoning & Land Development Review - SE.{)4-AR-6485 2 Ray Bellows Chief Planner Date Community Development & Zoning & Land Development Review 12/17/20048:32 AM Environmental Services Approved By Sandra Lea Executive Secretary Date Community Development & Community Development & 12/21/200410:45 AM Environmental Services Environmental Services Admin. Approved By Susan Murray, AICP Zoning & Land Development Director Date Community Development & Zoning & Land Development Review 12/21/200412:41 PM Environmental Services Approved By Constance A. Johnson Operations Analyst Date Community Deveiopment & Community Development & 12/22/20049:10 AM Environmental Services Environmental Services Admin, Approved By Joseph K. Schmitt Community Development & Date Environmental Services Adminstrator Community Development & Community Development & 12/22/2004 1 :38 PM Environmental Services Environmental Services Admin. Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 12/22/2004 2:11 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 12/23/2004 9:52 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 12/27/20048:17 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 12/31/20044:08 PM Commissioners ORDINANCENO. 05- Agenda Item No. 178 January 2S, 200S Page 4 of 4 AN ORDINANCE AMENDING ORDINANCE NUMBER 02-53, THE MCINTOSH PROFESSIONAL OFFICE COMPLEX, TO CORRECT A SCRNENER'S ERROR TO CORRECT THE LEGAL DESCRIPTION; AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, the Collier County Board of Commissioners adopted Ordinance No. 02-53, on October 22, 2002, and; WHEREAS, following said action adopting Ordinance No. 02-53, staff detennined that the rezone document transmitted to the Department of State did not contain the correct legal description that was otherwise intended and made a part of the public hearing and therefore 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 EXHIBIT A, LEGAL DESCRIPTION Exhibit "A", of Ordinance Number 02-53, is hereby amended to correct a scrivener's error by amending said Exhibit to read as follows: The East 30 feet of Lot 21, and The West 45 feet of Lot 22, plus the east 30 feet of Lot 16 and the West 45 feet of Lot 15. plus the West 30 feet of Lot 16 and Lot 21: all of Lots 17 and 20 and the East 20 feet of Lots 18 and 19. GemeR &t¥ef-Hemes. All recorded in Plat Book 2, Page 84 of the Public Records of Collier County, Florida. SECTION TWO: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ,2005. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ,CHAIRMAN Approved as to Form and Legal Sufficiency: !'l¥1.~'_u on,~ Marjo M. Student Assistant County Attorney SE-2004-AR-648SfRB/,p Words sft:uek thraHgR are deleted; words underlined are added. Page 1 of 1 Agenda Item No, 17C January 25,2005 Page 1 of 29 - EXECUTIVE SUMMARY PUDEX-2004-AR-6694 Bayview Villas, LLC, represented by Dwight Nadeau, of RW A, Inc., requesting a two-year extension of a Planned Unit Development (PUD) zoning granted by Ordinance No. 2000-05, pursuant to LDC Section 10.02.13.D for the North Port Bay PUD. The property, consisting of 46.33 acres, is located north of U.S. 41 (famiami Trail), east of the Fahka Union Canal, in Sections 4 & 9, Township 52 South, Range 28 East, Collier County, Florida. OBJECTIVE: To have the Board of County Commissioners consider a request for a two-year extension of the development time limit of the North Port Bay PUD as well as ensuring that project is consistent with all the applicable County regulations and to ensure that the community's interest is maintained. CONSIDERATIONS: Section 10.02.13.D of the Land Development Code (LDC) requires the PUD property owner to submit an annual report outlining the progress of development one year from the date the PUD zoning was adopted by the Board of County Commissioners, and every year thereafter based on the anniversary of its adoption. For those PUD zoned projects approved prior to October 24, 2001, as the North Port Bay PUD was, if on the fifth year of their adoption the authorized development has not commenced to the thresholds established by the LDC, then the PUD is "sunsetted," which means no development approvals can be granted until the PUD is extended, amended or rezoned. This procedure is commonly referred to as the sun setting provision of the LDC. The LDC allows PUD projects to be considered for up to two, 2-year extensions. This project is seeking approval of one extension for a tenn of two years. That extension time would allow the project to have an additional two years to develop under the auspices of the existing PUD document. The project was rezoned from the Residential Tourist (RT) and Conservation (CON) zoning districts to Planned Unit Development (PUD) on January 25, 2000 to allow development of248 multi-family residential units, along with ancillary amenities and provide for preservation areas, which is an overall density of 4.96 units per acre. The PUD provides three tracts, totaling 15.32 acres, ofpreservationlrecreation. The applicant states that the current owner of the land purchased the property with significant fiscal encumbrances, which had to be cleared before development of the site could move forward in accordance with the PUD limitations. This process delayed development, and the applicant can no longer obtain development orders prior to the PUD sunsetting. The applicant has submitted a Site Development Plan (SDP) to the Community Development and Environmental Services Division for review. Approval of the SDP is required for development of the site, but this approval cannot be given without the PUD zoning in place. Synopsis of Approved Land Uses: The PUD document that was adopted as part of the previous rezoning approval (Ordinance Number 2000-05) contains the list of uses approved for the project. As part of this extension request, no changes are proposed to the PUD nor are any changes proposed to the Master Plan. No changes can be made to a PUD as part of a request to extend the sunsetting date. The PUD, if extended, would retain the approved development intensities that were granted in 2000; any changes would require a separate amendment petition request. 0_ This PUD is surrounded by several types of land uses. The Port of the Islands development is located to the north. The Fahka Union Canal and vacant land lie to the west of the PUD. U.S. Highway 41 (Tamiami Trail) and additional Port of the Islands residential development lie to the south. The Fakahatchee Strand' State Preserve is adjacent to the PUD property along the eastern boundary of the PUD. North Port Bay PUD, PUDEX-2004-AR-6694 Page 1 of 4 Agenda Item No. 17C January 2S, 200S Page 2 of 29 Consistency with the Collier County Growth Management Plan (GMP): ,The subject property catries the Urban Designation, Urban-Mixed-Use District, on the Future Land Use Map (FLUM) of the Growth Management Plan (OMP). The 2000 rezoning action was deemed consistent with the OMP; no changes are proposed to the PUD document or the PUD Master Plan, and the OMP allows exceptions as noted above, therefore the PUD remains consistent with the OMP. The Urban-Mixed-Use District (as discussed within the Future Land Use Designation Description section of the Future Land Use Element (FLUE» contains the following language regarding the Port Of The Islands Development: "Port of the Islands is a unique development, which is located within the Urban Designated Area, but is also totally within the Big Cypress Area of Critical State Concern. However, a portion of the development was determined "vested" by the State of Florida, thus exempting it from the requirements of Chapter 380, Florida Statutes (Development of Regional Impact reviews). Further, there is an existing Development Agreement between Port of the Islands, Inc. and the State of Florida Department of Community Affairs dated July 2, 1985, which regulates land uses at Port of the Islands. Port of the Islands is eligible for all provisions of the Urban - Mixed Use District in which it is located to the extent that the overall residential density and commercial intensity does not exceed that pennitted under zoning at time of adoption of this Plan." With regard to the North Port Bay Development, consistency with the FLUE is predicated upon consistency of the proposed development with the 1985 Developer Agreement between Port of the Islands, Inc. and the Florida Department of Community Affairs (DCA), as this agreement has been incorporated into the FLUE by reference. The 1985 Developer Agreement contains some specific criteria for "Parcel I" (the subject property comprises a portion of Parcell), but also requires this area to be regulated under the provisions of the Big Cypress Area of Critical State Concern (ACSC), which surrounds the property on three sides. The petitioner is proposing to extend the time period of the 2000 PUD Ordinance until January 25, 2007. The petitioner has not proposed any additional changes to the PUD document. Within the PUD review packet is a copy of an August 19, 1999 letter from J. Thomas Beck, then Director of the Division of Community Planning at the Florida Department of Community Affairs. Mr. Beck stated in the letter that the Department "will not appeal those rezones" (refetring to the zoning actions covered by Ordinance 2000-05). In essence, the Department found that the proposed PUD was consistent with the Developer Agreement. Therefore, Comprehensive Planning staff believes that the current PUD proposal is also consistent with the Agreement. However, Comprehensive Planning staff suggests that the petitioner obtain a similar finding from DCA relative to the current petition. Area of Critical State Concern Overlay Provisions: The 1985 Developer Agreement essentially requires that Parcel I (the subject property) be reviewed under the County's Zoning provisions, as consistent with the Big Cypress ACSC requirements (Chapter 28-25, Florida Administrative Code). The Collier County Future Land Use Element (FLUE) contains an "Area of Critical State Concern Overlay," which is intended to implement the requirements of the ACSC at the County jurisdictional level. The 2000 PUD Ordinance did include provisions for wetland preservation and bay reconfiguration that differed from the provisions for Parcel I, as contained in the 1985 Developer Agreement. However, as part of its review of the proposed activities DCA had previously found these changes to be consistent with the Agreement and thereby the Big Cypress ACSC. Since the petitioner has not proposed any changes from the 2000-05 PUD Ordinance, Comprehensive Planning staff is of the opinion - that this PUD extension is also consistent. North Port Bay PUD, PUDEX-2Q04-AR-6694 Page 2 of 4 Agenda Item No. 17C January 25, 2005 Page 3 of 29 Consistency with the Collier County Land Development Code (LDC): Section lO.02.13.D. of the LDC requires the Board of County Commissioners to make formal findings to support approval of a PUD extension request. Staff offers the following findings for consideration by the Board of County Commissioners: 1. The PUD and the Master Plan are consistent with the current Growth Management Plan, including, but not limited to, density, intensity and concurrency requirements (£DC §JO. 02. 13.D. 6. b. i..). No changes have been adopted to the GMP that would make the previously approved PUD inconsistent, therefore the PUD remains consistent with the GMP. 2. The approved development has not become incompatible with existing and proposed uses in the surrounding area as the result of development approvals issued subsequent to the original approval of the PUDzoning (LDC §10.02.13.D.6.b.ii.); and No changes have occurred in this area that raise compatibility issues. The development nearby existed when this PUD was approved, and the proj ect was deemed consistent with the overall Growth Management Plan, and therefore in compliance with specific goals, objectives, and policies of that Plan that require compatible development. Therefore, the uses approved in this PUD remain compatible with proposed uses in the area. 3. The approved development will not, by itself or in conjunction with other development, place an unreasonable burden on essential publicfacilities (LDC §1O.02.13.D.6.b.iii.)s. - Public Utilities Division staff made the following comments regarding the PUD Extension: This development is not within the County water and wastewater service areas and thus, neither potable water service nor wastewater service are available ITom Collier County. Provision of utilities is subject to County ordinances, standards, and in-place agreements. This development is within the Port-of-the-Islands Community Improvement District. At the time of SDP or final plat review, the developer shall submit the following: 1) A "Statement of Utility Provisions for PUD REZONE Request" should be submitted with the designations for applicable sewage disposal and water service systems. 2) A letter ITom the Port-of-the-Islands Community Improvement District service provider must be submitted stating the available capacity to provide for this development, and that they have reviewed and approved these plans. Environmental staff has the following feedback regarding this petition: The conceptual site plan included on the aerial shows a lake in one of the PreservelPassive Recreation Tracts, and parking and recreation amenities/club house in another PreservelPassive Recreation Tract. Uses within preserve areas shall be in accordance with those identified in Policy 6.2.5 (5)(d) of the GMP- CCME. Given that much of the site has been previously cleared when Port of the Islands was originally created and that the PreservelPassive Recreation Tracts shown on the PUD master plan exceed the minimum native vegetation preservation requirement for the County, an interpretation ITom the County Attorney's Office may be required - The Transportation Services Division staff requested a new Traffic Impact Statement (TIS) from the applicant. The petitioner provided one with the Site Development Plan application for Orchid Cove (SDP-2004-AR-6836). North Port Bay PUD, PUDEX-2004-AR-6694 Page 3 of 4 Agenda Item No. 17C January 25, 2005 Page 4 of 29 -, FISCAL IMPACT: Extension of the PUD will have no fiscal impact upon Collier County. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: PUD extensions are not heard by the CCPC. LEGAL CONSIDERATIONS: Staff completed a comprehensiv:e evaluation of this land use petition and the criteria on which a determination by the Board of County Commissioners (BCe) must be based. A summary of the legal considerations and fmdings are noted below: · The proposed change has been deemed consistent with the goals, objectives, and policies and Future Land Use Map and the applicable elements of the GMP. · The proposed land uses are compatible with the existing land use pattern. · The proposed change will not 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. This project has also been deemed consistent with Policy 5.1 and 5.2 of the Traffic Element of the GMP. · The timing or sequence of development for the putpose of assuring the adequacy of available improvements and facilities, both public and private shall be provided. STAFF RECOMMENDATION: That the Board of County Commissioners approve the proposed two-year extension of the PUD time limit until January 25, 2007. PREPARED BY: Heidi K. Williams, Principal Planner Department Of Zoning & Land Development Review - North Port Bay PUD, PUDEX-2004-AR-6694 Page 4 of 4 Environmental Services Zoning & Land Development Review Approved By Ray Bellows Chief Planner Date .- Community Development & Environmental Services Zoning & Land Development Review 1/12/20059:01 AM Approved By Susan Murray, AICP Zoning & Land Development Director Date Community Development & Zoning & Land Development Review 1/12/20051 :37 PM Environmental Services Approved By Sandra Lea Executive Secretary Date Community Development & Community Development & Environmental Services Environmental Services Admin. 1/12/20052:33 PM Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services Admin. 1/12/2005 3:04 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Adminstrator Date Community Development & Community Development & Environmental Services Environmental Services Admin. 1/12/20059:27 PM Approved By Norm E. Feder, AICP Tr&nsportation Division Administrator Date Transportion Services Transportation Services Admin. 1/13/2005 8:04 AM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management & Budget 1/13/20059:04 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 1/14/20059:47 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1/14/200510:12 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1/18/200510:08 AM üL{)O'> r--ON ...-0_ ,N 0 o -<0 z2G(!) E>.OJ (!)...ro ~g;!l.. roC 'Dro c--:> (!) OJ « Agenda Item No. 17C January 25, 2005 Page 7 of 29 ORDINANCE NO. 2000- 05 AN ORDINANCE AMENDING ORDINANCE NUMBER 91·102 THE COLLIER COUN1Y LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER. COUNI'Y. FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 2809N; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "RT" RESORT TOURIST AND "CON" CONSERVATION DlS1RICT TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS NORTH PORT FOR A MIXED USE RESIDENTIAL PROJECT CONSISTING OF 248 DWELLING UNITS, LOCATED AT TIlE NORTIlEAST CORNER OF U.S. 41 AND FAKA UNION CANAL IN SECTIONS 4 AND 9. TOWNSIDP 52 soum. RANGE 28 EAST. COLLIER COUNTY. FLORIDA, CONSISTING OF 5O:t: ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS. Robert L. Duane. AICP, of Hole, Montes &-. Assoçjates.lnc.. representing North Port Development. IDe., petitioned the Board of County Commissioners to change the zoning classificaûon ofthc hc:rcin described n:al property; NOW. THEREFORE BE IT ORDAINED by the Board of COUIIty Commissioners of Collier County. Florida: SECTION ONE: :;!o "" The zoning classificaûon of the herein described real property located in S~ons 411Dd ..t;C!,__1 52 ~:t'J"'''' ~ ::J:Ãi =- " South, Range 28 East. Collier County, Florida. is changed from "RT" Resort Tourist and "CON" ~~n - tJ)l"1'õ - r District to "POO" Planned Unit Development in accordance with the North Port PUD Document, ~ Jf.¡rctm '"TJ-., :::t: as Exhibit" A· and incorporated by reference herein. The Official Zoning Atlas Map Number 280!ij,.ql.l cklllOribcC :;>0 ;,-¡ .. -> N in Ordinance Number 91-102. the Collier County Land Development Code. is bcrcby amended a~ SECTION TWO: This Ordinance shall become elTectivc upon filing with the Dcpanmcnt of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County. Florida, this ~ day of ~"'~L~~ ~ 2000. c::s- ,.' ..,...."". BOARD OF COUNTY COMMISSIONERS COLLIER CO A . . ~ .' "'" '. "., '. /~~~:. '~···,,:>~Þ.··· - 'I·AT1;'ESTi¡:.. :' -.. ',. '. I..\.:f:;, ".;? / BY: TIM .. .... . . ···"':~:.:i~:·";~:~-Lt~<~~· ~.~.\.~ ~.~. "'''-DWlGHT E. BROCK, Clerk ' Attest II to Cha~'1 - Á;P~~å!s ~~¡;'n and Legal Sufficiency '-ffit;'¡"ù 711· ¡JtÙ~ Marjo M. Student' Assistant County Auomey -1- Agenda Item No. 17C January 25, 2005 Page 8 of 29 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify foregoing is a true copy of: ORDINANCE NO. 2000-05 ~at 1f.!ìe ::Þ 0 c= ,-,.." g ç;r. c- ::c ;.;:1 :ÞÞ >~ :z ~ ~ c..) ,.."...... ".-1 qÌ!~h~ C) (J'I C,.) ::o,-¡ .. -~ I",) ~,., r.,) " - r m c Which was adopted by the Board of County Commissioners 25th day of January, 2000, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 26th day of January, 2000. d· nee ¡i\~..\ witn th~ This or ¡no "'. ~ f ~ SCtli-0'Y of ~~'." o¡~~~~ .3. - day of -, f thot and ock"o",l~dge~3\:j do ~tt::,~~ y B . .... _ 'f AI i.~ y \)oputy CI~ DWIGHT E. BROCK . ....':":::~:;':'.:/:'.:.::>.,_, Clerk of Courts and Clerk.: ~,- .,.'If" ....:;:.., Ex-officio to Board of '; .:'>2'.,,: "~ .".. .... '"'. :un~;i;i~: _.":\'?Zl~S~l;:,~~: Deputy Clerk . ., -- . ~.._:_._. .-'- ~ .- . ..- _._-- ''''--, , ~ -, 1 _~ , . , , I q; ~¡ : - ..- ...'-'~ ~~ . _ c__-~·_ .. ..,_ ._. . '9w"_,_",__,, - _. ... ... - - - - - - - - - - - ... ". - - ~. ... - -. .. - -.. , , _... ,__..r . . NORTH PORT BAY A PLANNED UNIT DEVELOPMENT Prepared by: HOLE, MONTES AND ASSOCIATES, INC. 715 Tenth Street South Naples, Florida 34102 January, 2000 HMA File No. 1999008 Date Reviewed by CCPC: Date Approved by BCC: Ordinance No. Amendments & Repeals EXHIBIT A Agenda Item No. 17C January 25, 2005 Page 9 of 29 . . Agenda Item No. 17C January 25, 2005 Page 1 0 of 29 TABLE OF CONTENTS Page SECTION I - Statement of Compliance ........................................ ..................................................1 SECTION II - Property Ownership, Legal Description, Short Title, and Statement of Unified Control.. ................... ........ ..................... ......... ....... ..... ......... ...3 SECTION III - Statement ofIntent and Project Description...........................................................4 SECTION IV - General Development Regulations ............................................................. ............5 SECTION V - Pennitted Uses and Dimensional Standards ............................................................9 SECTION VI - Environmental Standards............................................................................ ..........11 SECTION VII - Transportation Requirements ....................... ....... ........... ........... ................ ..........12 SECTION VIII - Utility and Engineering Requirements............................................................... 13 SECTION IX - Water Management Requirements .......................................................................14 EXHIBITS Exhibit A - POO Master Plan Exhibit B - Legal Description .~ . . Agenda Item No. 17C January 25, 2005 Page 11 of 29 SECTION I -. Statement of Compliance The Development of approximately 49.96 acres ofprope'rty in Collier County, as a Planned Unit Development (PUD), to be known as North Port Bay, will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The residential and recreational facilities of North Port Bay will be consistent with growth policies, land development regulations, and applicable comprehensive planning objectives of each of the elements of the Growth :\1anagement Plan for the following reasons: 1. The subject property is within the Urban Mixed Use Residential Land Use Designation as identified on the Future Land Use Map as required in Objective 1, Policy 5.1 and 5.3 of the Future Land Use Element. 2. The Urban Mixed Use Residential designation is intended to provide locations for the development of higher densities and intensities of land use. 3. The Future Land Use Element notes that "development within the Port of the Islands shall be regulated by the Development Agreement between the Port of the Islands, Inc. and the Florida Department of Community Affairs dated July 2, 1985. 4. The Future Land Use Element further notes that "given the unique and isolated location, and the existing Development Agreement, development within the Port of the Islands shall be regulated by the Development Agreement and the overall residential density and commercial development shall not exceed that pennitted under zoning at time of adoption of this plan." 5. The Department of Community Affairs (DCA) has determined that the proposed rezoning is consistent with the 1985 Development Agreement. 6. The proposed PUD rezoning oftbe subject property will not exceed the density ~ under the existing zoning at the time of the application for PUD rezoning; therefore, it may be found consistent with the Collier County Growth Management Plan. 7. The subject property's location in relation to the existing or proposed community facilities and services permits the development's residential density as required in Objective 2 of the Future Land Use Element. 8. The project development is compatible and complementary to existing and future surroundiDg land uses as required in Policy 5.4 of the Future Land Use Element. 9. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. - 1 - '':"''':1!''-'''-''~~' . . Agenda Item No. 17C January 25, 2005 Page 12 of 29 10. The project development will result in an efficient and economical extension of community facilities and services as required in Policies 3.l.H and L of the Future Land Use Element. 11. All fInal Development Orders for this project are subject to the Collier County Concurrency Management System, as implemented by the Adequate Public Facilities Ordinance, Division 3.15, of the Land Development Code. -2- . . Agenda Item No. 17C January 25, 2005 Page 13 of 29 "_., SECTION II Property Ownership, Legal Description. Short Title and Statement of Unified Control 2.1 Property Ownership The subject property is currently owned by North Port Development, Inc. 2.2 Legal Description Being a part of land located in a portion of Sections 4 and 9, Township 52 South, Range 28 East, more particularly, described in Exhibit "B," 2.3 General Description of Property The property is located in the Port of the Islands on the north side ofUS-41. The zoning of the subject property prior to the application for PUD rezoning is for the Resort Tourist District (R- T) and the Conservation District (CON). Physical Description The Stormwater Management Plan for the North Port Bay PUD will consist of two drainage basins which will outfall into the existing/proposed lake after pretreatment. Site elevations vary from 3.5 to 6.0 feet. The soil types are: Holopaw Basinger Complex (33), Kesson Muck (52), and Basinger fine sand (56). The flood zone is AE-7. 2.4 Short Title This Ordinance shall be known and cited as the "North Port Bay 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. Development of this Planned Unit Development "Yill occur in accordance with the Planned Unit Development regulations contained herein and any conditions approved with the rezone petition as described and agreed to within the PUD Ordinance. - 3- . . Agenda Item No; 17C January 25,2005 Page 14 of 29 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 the Collier County Land Development Code (LDC) that will pennit two hundred forty-eight (248) multi-family dwelling units for the subject property. 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. ., ? .).- Project Description The Project is comprised of 49.96 acres located within Sections 4 and 9, Township 52 South. Range 28 East. Access to North Port Bay is provided from an existing roadway through the proposed project. The Project will provide for two hundred forty-eight (248) multi-family units at a gross project density of approximately 4.95 dwelling units per acre. 3.3 Land Use Plan and Project Phasing A. The PUD Master Plan contains a total of one (1) residential tract and additional areas for recreational use. water management, and lakes as depicted on the PUD Master Plan. The Master Plan is designed to be flexible with regard to the placement of buildings, tracts and related utilities and water management facilities. More specific commitments will be made at the time of site development plan and permitting approval, based on compliance with all applicable requirements of this Ordinance, the LOC 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. 8. The anticipated time of build-out of the Project is approximately five (5) years fr~m the time of issuance of the first building pennit. -4- . . Agenda Item No. 17C January 25, 2005 Page 15 of 29 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 North Port Bay 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 North Port Bay 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 Collier County Land Development Code (LDC) and 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 PlJD 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 the definitions set forth in the LDC in effect at the time of building pennit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the North Port Bay PUD shall become part of the regulations which 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 next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this Development. E. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for in this PUD remain in full force and effect. 4.2 Site Clearing and Drainage Clearing, grading, earthwork, and site drainage work shall be perfonned in accordance with the Collier County LDC and the standards and commitments of this document in effect at the time of construction plan approval. -5- - . . Agenda Item No. 17C January 25, 2005 Page 16 of 29 -1-.3 Easements for Utilities Easements. where required. shall be provided for water management areas. utilities and other purposes as may be required by Collier County. All necessary easements, dedications or other instruments shall be granted to ensure the continued operation and maintenance of all services and utilities. This will be in compliance with applicable regulations in effect at the time construction plans and plat approvals are requested. 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. Should permits that may be required from the SFWMD or the USACOE to expand the boundary of the lake depicted on the PUD Master Plan result in incidental changes to the Master Plan, such as relocation of the roadway through the Project, these kinds of changes may be approved administratively. Other amendments to this 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 POD Development Plan. Subsequent to, or concurrent with PUD approval, a Preliminary Subdivision Plat (if required) shall be submitted for the entire area covered by the POD Master Plan. All division of property and the development of the land shall be in compliance with the subdivision regulations set forth in Section 3.2 of the LDC. Prior to the recording of the fInal subdivision plat, when required by the Subdivision Regulations set forth in Section 3.2 of the LOC, 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. -6- . . Agenda Item No. 17C January 25, 2005 Page 17 of 29 ....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 permitted. If, after consideration of fill activities on buildable portions of the Project site, there is a surplus of earthen material. offsite disposal is also hereby permitted subject to the following conditions: A. Excavation activities shall comply with the definition of a "Development Excavation" pursuant to Section 3.5.5.1.3 of the LOC, whereby offsite removal 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. All other provisions of Section 3.5 of the LDC are applicable. 4.7 Sunset and Monitoring Provisions -, North Port Bay PUO 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, of the LDC Monitoring Requirements. 4.8 Polling Places Any community recreation/public building/public room or similar common facility located within the North Port Bay PUD may be used for a polling place, if detennined necessary by the Supervisor of Elections, in accordance with Section 2.6.30 of the LDC. 4.9 Native Vegetation The project will meet the native vegetation requirements of Division 3.9. Vegetation Removal, Protection and Preservation of the LDC for the subject property; however, the little existing native vegetation occupying the site may be relocated into buffer areas to meet this requirement along with additional vegetation areas required by Section 2.4 of the LOC. ~.-, -7- . . Agenda Item No. 17C January 25, 2005 Page 18 of 29 ..1..10 Open Space In addition to the areas designated on the PCD Master Plan as buffers and lakes, open space will be allocated within each subsequent development area. Open space may be in the form of landscaping, additional buffers, passive or active recreation areas and water management facilities. The total aggregate of such open space areas shall meet or exceed the open space requirements of Section 2.6.32 of the LDC, which requires a minimwn of sixty (60) percent for residential developments; however, in no case shall less open space be provided than as depicted on the PUD Master Plan. 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 e\'ent they 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. ." - 8 - . . Agenda Item No. 17C January 25, 2005 Page 19 of 29 SECTION V Permitted Uses and Dimensional Standards 5.1 Purpose The purpose of this Section is to identify permitted uses and development standards for areas within the North Port Bay PUD designated for residential development on the PUD Master Plan, Exhibit II A. II . 5.2 Maximum Dwellim! Units . Two hundred forty-eight (248) multi-family dwelling units are permitted within the North Port Bay PUD. 5.3 General Description The PUD Master Plan designates the following uses for each tract designated on the PUD Master Plan. TRACT ACRES USE A 3.74 PRESERVEIRECREA TION B 9.32 PRESERVElRECREATION C 18.62 RESIDENTIAL D 2.26 PRESERVE/RECREA TION BA Y AREA 16.02 OPEN SPACE TOTAL AREA 49.96 The approximate acreage of residential tracts is depicted on the PUD Master Plan. Actual acreage 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 3.3, and Division 3.2, respectively, of the Collier County Land Development Code. Residential tracts are designed to accommodate internal roadways, open spaces, recreational amenity areas, water management facilities, and other similar uses found in residential areas. 5.4 Permitted Uses and Structures No building or structure, or part thereof, shall be erected, altered or used, or land us~ in whole or part, for other than the following: -9- .. . . Agenda Item No. 17C January 25, 2005 Page 20 of 29 1. Principal Uses: (a) Y1ulti-family dwellings, including garden apartments (b) Any other housing type which is comparable in nature with the foregoing uses and which the Development Services Director detennines to be compatible with residential uses. 2. Accessory Uses and Structures (a) Accessory uses and structures customarily associated with principal residential uses permitted in this District, including recreational facilities. 5.5 Development Standards 1. Dimensional standards for permitted uses: Minimum lot area: N/ A Minimum lot width: Fifty (50) feet for duplex lots, not applicable for other multi-family structures Minimum yard requirements: Front yard: Twenty-five (25) feet Rear yard: Twenty-five (25) feet Side yard: Fifteen (15) feet Maximum height: Forty-five (45) feet Distance between structures: A minimum of thirty (30) feet Minimum floor area: 750 square feet 2. All landscaping shall be in accordance with Division 2.4, Landscaping and Buffering of the LDC. 3. All signage shall be in confonnance with Division 2.5 of the LDC. 4. All parking shall be in conformance with Division 2.3, Off-Street Parkíng and Loading of the LDC. No parking facility shall be designed to pennit vehicular traffic to directly ingress and egress Cays Drive. 5. Setbacks shall be measured from the legal boundary of the lot and are inclusive of easements with the exception of easements that comprise a road right-of-way. - 10- . . Agenda Item No. 17C January 25, 2005 Page 21 of 29 .- SECTION VI Environmental Standards The purpose of this Section is to set forth the environmental commitments of the Project Developer. 6.1 Petitioner shall be subject to the Collier County Growth Management Plan, Policy 12.1.3 contained in the Conservation and Coastal Management Element (discovery of a archaeological or historical site, artifact or other indicator of preservation). 6.2 Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by the Current Planning Environmental Staff; Removal of exotics alone shall not be counted as mitigation for impacts to Collier County jurisdictional wetlands. 6.3 The PUD shall be consistent with the environmental sections of the Collier County Growth Management Plan Conservation and Coastal Management Element and the Collier County Code at the time of fmal development order approval. 6.4 Existing cabbage palms and other viable habitat may be relocated to project buffer areas to meet the requirements of Division 3.9, Vegetation Removal, Protection and Preservation of the LDC. -. - 11 - . . Agenda Item No. 17C January 25, 2005 Page 22 of 29 SECTION VII Transportation Requirements The purpose of this Section is to set fonh the transportation commitments of the project Development. 7,1 The Developer shall provide arterial level street lighting of the project entrance. Said lighting shall be in place prior to the issuance of any Certificate of Occupancy. 7.2 Internal access improvements shall not be subject to impact fee credits and shall be in place before any certificates of occupancy are issued. 7.3 All traffic control devices used shall conform with the Manual on Uniform Traffic Control Devices as required by Chapter 316.0745, Florida Statutes. 7.4 The road impact fee shall be as set forth in Division 3.15 of the Collier County Land Development Code. ." ...., ~~,~.-:·.';:;"~7.~:~.·'- - 12 - . . Agenda Item No. 17C January 25, 2005 Page 23 of 29 SECTION VIII Utility and Engineering Requirements The purpose of this Section is to set forth the utilities and engineering commitments of the Project Developer. 8.1 Utilities A. Water distribution, sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with the requirements of the Port of the Islands Utility District. 8.2 Engineering A. Detailed paving, grading, site drainage and utility plans shall be submitted to the Engineering Review Services Department for review. No construction pennits shall be issued unless detailed paving, gradin& site drainage and utility plans are submitted to the Engineering Review Services Department and until approval of the proposed construction, in accordance with the submitted plans, is granted by the Engineering Review Services Department. B. Design and construction of all ÍDIpIOVeIJ1-..... _subject to compliaDce with the appropriate provisiODS of the Collier County LI'JC. ..,.......- C. Subdivision of the site shall require platting in accordance with Section 3.2 of the LDC, if applicable. D. The Developer and all subsequent owners of this Project shall be required to satisfy the requirements of all County ordinances or codes ineffec:t., prior to or concurrent with any subsequent development order re1-"'to this site, including but not limited to Preliminmy Subdivision PIIIeIf- Development Plans and any other applications that will result in 1brJo¡ issuance of a final development order. - 13 - , ..:.....;:;.. ._~.:..~ ~.~.~..:..~.~,...," ~. . . Agenda Item No. 17C January 25, 2005 Page 24 of 29 SECTION IX Water Management Requirements The purpose of this Section is to set forth the water management commianents of the Project Developer. 9.1 Detailed paving, grading and site drainage plans shall be submitted to the Engineering Review Services Department 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 the Development Services Department. 9.2 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 of the side, rear or abutting property lines with side, rear or abutting property lines fenced. 9.3 Landscaping may be placed within the water management area in compliance with the criteria established within Section 2.4.7.3 of the LDC. 9.4 The wet season water table elevation shall be established at the time of the South Florida Water Management District pennitting, which is required for the subject property. - 14- . . 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It'il*l I>Q 17r- January 25, 2005 Page 27 of 29 "~ \ ) - / - EJ:BUIT B PARCEL A A PARCEL OF LAND LOCATED IN A PORTION OF SECTIONS 4 AND 9, TO'M'lSHIP 52 SOUTH, RANGE 28 EAST, COWER COUNTY, FlORIDA. BElN~ MORE P ART1CULARL Y DESCRIBED AS FOlLOWS: COMMENCE AT THE NORTHEAST CORNER OF SECTION 9, TO~SHIP 52 SOU'TH, RANGE 28- EAST. COWER COUNTY, FLORIDA: 11-IENCE RUN S.OO'6'<4-9-W., ALONG THE EAST UNE OF THE NOR"THEAST QUARTER OF SAID SECTION 9. FOR A DISTANCE OF 1192..86 FEET TO A POINT ON 'THE NORTHERLY RIGHT-Of-WAY UHE Œ U.5. HIGHWAY NO. 41 (flORIDA STATE ROAD NO. 90 AS lHE SAME IS SHO~ ON STATE OF FLORIDA STATE ROAD DEPARTh4ENT RIGHT-OF-WAY YAP FOR STATE ROAD NO. 90, SECTION 0301. LAST REV1SED 7/18/60), A 183.00 FOOT RIGHT-Of-WAY: THENCE RUN S.85·49'14·W., ALONG SAID NOR1HERLY RIGHT-OF-WAY UN[. FOR A DISTANCE OF 672.15 FEET TO THE POINT OF a~"'ING Œ THE PARCEL OF LAND HEREIN DESCRIBED: THENCE CON11NUE 5.85-49·14 -W.. AlONG SAID NOR1HERL Y RIGHT-OF-WAY UN£. FOR A DISTANCE OF 499.42 FEET: 1HENCE RUN N.OO~"16·E. FOR A DISTANCE OF 333.69 FEET: "THENCE RUN N.B9~8·44·W. FOR A DISTANCE OF 24.16 FEET; THENCE RUN N.OO·30·J3-E. FOR A DISTANCE OF 1685..15 FEET;. 1HÐICE RUN ~::-::óf~, = ~ ~= ~ ~C:~~~ .,~,;.>,,~ A TANGI'NWAt. CRCUlAR CUR\£. CONCA\4£" TO' 11£ hut1RÐST; ~ ··fftJN SOUTHEASlERl Y AlONG THE ARC OF SAID CURVE TO 11iE lEFT. HAVING A RADIUS OF 516.00 FEET, THOUGH A CENTRAL ANGLE OF 38'5'21·, SUBTENDED BY A CHORD OF 338.17 FEET AT A BEARING Of $.18-:21' 4Q-E. FOR A DISTANCE OF 344.53 FEET TO THE END OF SAID CURVE: l'HENCE RUN S.3T29'20·E. FOR A DISTANCE OF 215.75 FEET TO THE BEGINNING OF A T ANGENi1AL CIRCULAR CURVE, CONCAVE TO THE VÆ:ST; THENCE RUN SOUTHERLY, ALONG lHE ARC OF SAID CUR'Æ TO THE RIGHT, HAVING A RADIUS OF 434.00 FEET, 'THROUGH A ŒN1RAL ANGLE OF 90"08'41-, SUBTENDED BY A CHORD OF 614.54 FEET AT A BEARING OF S.0T35'OO-W. FOR A DISTANCE OF 882..82 FEET TO THE END OF SAD CURVE, THENŒ RUN S.52~9'22-w. FOR A DISTANCE OF 294.90 FEET' TO THE BEGINNING OF A T ANGENi1AL CIRCULAR CURVE. CONCA \IE TO THE SOUTHEAST; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT. HA'v1NG A RADIUS OF 499.00 FEET, THROUGH A . CENTRAL ANGLE OF 56-48'48-, SUBTENDED BY A QiORO OF 474.77 FEET AT A BEARING OF 5..24,,,·SiW.,FOR A DISTANCE OF .....80 FEET TO "THE END OF SAI) CUR'Æ.. THENŒ RIa SAMwa... ~_.. J 171 .,.... '" .. , _ _ 188.45: FG'a.-1O 1ME pœff OF" ~ 'aaNTAIFIIC' ....,. . - . ,,-- '-::'~;:- ACRES. Þ.l0RE OR LEss. ~; -Î." _ .--. AND . . Agenda Item No. 17C January 25, 2005 Page 28 of 29 PARCEL a A PARCEL OF LAND LOCATED rN A PORTION OF SECTIONS 4 AND 9. TO'NNSHIP 52 SOUTrl, RANGE 28 EAST. COWER COUNTY. FLORIDA, BEING MORE P ARllCULARL Y DESCRIBED AS fOLLOWS; BEGIN. AT THE NOR1HEAST CORNER OF SECTION 9. TOWNSHIP 52 SOUTH, RANGE. 28 EAST. COWER COUNTY. FLORIDA; THENCE RUN S.OO'S·49·W., ALONG TI-fE EAST UNE OF iHE NORiHEAST QUARTER OF SAID SECTION 9, FOR A DISTANCE OF 1192.86 FEET TO A POINT ON THE NOR1HERLY RIGHT-OF-WAY UNE OF u.s. HIGHWAY 41 (FLORIDA STATE ROAD NO. 90 AS lriE SAME IS SHO'M'<l ON STATE OF FLORIDA STA IT ROAD DEPARTMENT RIGHT-OF-WAY MAP FOR STATE ROAD NO. 90. SECTION 0301, LAST RE\IISED 7/18/60). A 183.00 FOOT RIGHT-Of-WAY; T1iENCE R~~~'~ii:;.~· S.85·49't...·W.. ALONG SAID NORTHERLY RIGHT-OF-WAY UNE, fOR A . DISTANCE OF 602.15 FEET; THENCE RUN N.O"'~'26-W." FOR A " DISTANCE OF 188.42 FEET TO "THE BEGINNING OF A T ANGENT1AL CJRCUlAR CURVE. CONCAVE TO ìHE SOUTHEAST; THENCE RUN NORlHEASTERL Y, ALONG "THE ARC OF SAID CURVE TO THE RIGHT. HAVING A RADIUS OF 429.00 FEET, THROUGH A CENlRAL ANGlE OF 56-48'48-. SUBTENDED BY A CHORD OF 408.17 FEET AT A BEARING OF N.24' 4'5/E., FOR A DISTANCE OF 425.38 FEET TO THE END OF SAID CURVE; THENCE RUN N.52·39'22-E. FOR A DISTANCE 294.90 FEET TO THE BEGINNING OF A TANGENTIAL aRCULAR CUR'Æ. CONCA'Æ TO THE WEST: THENCE RUN NOR1HERlY, AlONG lHE ARC OF ·SAlD CURVE TO THE LEFT. HAVING A RADIUS OF 504.00 FEET, 11-ROUGH A CENTRAL ANGl£ Of" 90-08'41-. SUBTENDED BY A CHORD OF 713.88 FE£ I AT A BEARING OF N.OTJ5·OO-r.. FOR A DISTANCE OF 792.96 t't..t.r TO 'THE END OF SAID CUR\£; 'THENCE RUN N.37~9'20-W. FOR A DISTANCE OF 215.75 FEET TO THE BEGINNING OF A TANGENl1AL aRCUlAR CURVE. CCNCAVE TO 'THE NORTHEAST; l1fENCE RUN NOR~ðLY. ALONG 'THE Me Œ =_~< TO 11£ RIGHT. HAw.G A RMES OF" "._"f~,,,"~aJCIt A . . .... w ANGlE OF 38ïS-21-. SUBTENDED BY A CHORD OF 292.29 FEET AT A .. BEARING OF N.1B£1·40·W., FOR A DISTANCE OF 297.79 FEET TO THE END Of" SAID CURVE; THENCE RUN N.OO-46'01-E. FOR A DISTANCE "OF 77.59 FEET; THENCE RUN S.89·39'4'E. FOR A DISTANCE OF 350.44 FEET TO A POINT ON THE EAST UNE OF' 1HE SOU1HEAST QUARTER Of SECTION 4. TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLUER COUNTY, FLORIDA; THENCE RUN S.00"20'1J·W., ALONG 1HE EAST UNE Of THE SOUTHEAST QUARTER OF SAID SECT10N 4. FOR A DISTANCE OF 733.79 FEET TO THE POINT OF aEGtNtiLNG.: CONTAINING 13.063 ACRES. MORE OR LESS. NOTES: THIS PROPERTY IS SUBJECT TO EASEMENTS. RESERVATIONS OR RESTRICTIONS OF RECORD. 8EARIHGS fa:.t"~ 10 1HE EAST tJNE OF' THE SOUTHEAST OUAR~R OF SECTTON 4. TOWNSHIP 52 SOUTH. RANGE 28 EAST. COlUER COUNTY. i=1 r\Oln & ,. C' ern..re> C' 1'\1'\_1'\." ,..~ RESOLUTION NO. 05 -_ Agenda Item No. 17C January 25, 2005 Page 29 of 29 -, A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 1O.02.l3.D OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AFFECTING ORDINANCE NUMBER 2000-05 KNOWN AS NORTH PORT BAY PUD, EXTENDING THE CURRENT PUD APPROVAL TO JANUARY 25, 2007; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the North Port Bay PUD, Ordinance Number 2000-05, adopted on January 25th, 2000, is subject to the provisions of Section 1O.02.l3.D, of the Land Development Code (LDC, Ordinance Number 04-41), Time Limits for Approved PUD Zoning Districts together with their respective Master Plans; and WHEREAS, the PUD was adopted consistent with and under the provisions of the Collier County Growth Management Plan; and WHEREAS, the Board of County Commissioners has reviewed the PUD and has determined to extend the current PUD zoning which expires on January 25, 2005 up to and including January 25, 2007; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: 1. The above recitals are adopted herein by reference as if fully set forth herein. 2. This Resolution shall constitute evidence of compliance with the review requirements of Section 1O.02.13.D of the LDC. 3. Pursuant to said Section of the LDC, the current PUD approval is hereby extended up to and including January 25, 2007. At the end of this time, the owner shall submit to the procedures in Section 1O.02.13.D of the LDC. This Resolution shall become effective immediately upon its approval. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the extension is granted. This Resolution adopted after motion, second and majority vote. Done this day of ,2005. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: , CHAIRMAN -., Approved as to Form and Legal Sufficiency: MaIjorie M. Student Assistant County Attorney PUDBX-2004-AR~694lHWl1d ,-, - µ.......... Agenda Item No. 170 January 25, 2005 Page 1 of 54 EXECUTIVE SUMMARY PUDEX-2004-AR-6630 Amy Turner, Tammy Turner Kipp and BRT Coastal Investments, property owners, represented by Wayne Arnold, of Q. Grady Minor and Associates P.A., requesting a two-year extension of the Vanderbilt Trust 1989 Planned Unit Development (PUD), pursuant to LDC Section 10.02.13, for a 7.84± acre tract located on Vanderbilt Beach Road, approximately y.. mile east of Livingston Road, in Section 31, Township 48 South, Range 26 East Collier County, Florida OBJECTIVE: The objective is to maintain the community's interests if the development time of this PUD is extended for two years. Staff is requesting that the Board of County Commissioners (Board) review staff's fmdings and recommendations regarding the above referenced PUD Extension request and render a decision as the Board of Zoning Appeals regarding the petition pursuant to Land Development Code (LDC) Section 10.02.13. CONSIDERATIONS: Section 1O.02.l3.F of the LDC requires the PUD property owner to submit an annual report on the progress of development one year from the date it was adopted by the Board of County Commissioners, and every year thereafter based on the anniversary date of its adoption. For those PUDs approved prior to October 24,2001, if on the fifth year of their adoption the authorized development has not commenced to the thresholds established by Section 1O.02.13.D., then the PUD is "sunsetted," which means no development approvals can be granted until the PUD is extended, amended or rezoned. This procedure is commonly referred to as the sunsetting provision of the LDC. This project is a 7.84±-acre project that was re-zoned from Agricultural (A) to PUD on Octoberl2, 1999, via Ordinance Number 99-70. The PUD is approved to allow an assisted living facility, child care center and skilled nursing facility uses. Building height was limited to three stories to insure compatibility with the Fieldstone Village Condominiums located immediately to the east and located within the Wilshire Lakes PUD. To date, no development approvals have been sought for any portion of the PUD. Synopsis of Approved Land Uses: The PUD document that was adopted as part of the approval for this PUD contains the list of uses approved for the project. As part of this extension request, no changes are proposed to the PUD nor are any changes proposed to the Master Plan. The PUD would retain the approvals that were granted in 1999; any changes would require a separate amendment petition request. The Fieldstone Village Condominiums which are part of the Wilshire Lakes PUD abut the property to the east. January 25, 2005 Board Agenda Page 'I of 6 '-"MO'"_'_''''''i:$'",¥",;,~", Agenda Item No. 170 January 25, 2005 Page 2 of 54 Abutting the northern boundary of the subject PUD is the Tiburon Golf Course within the Pelican Marsh PUD. To the west is the Bobbin Hollow Equestrian Facility zoned "A" Rural Agriculture. To the south of the site is the VilJage Walk Subdivision of the Vineyards PUD. Staff believes that the project remains generally compatible with the surrounding zoning and land uses, as was determined and limited in the 1999 action. Consistency with the Collier County Growth Management Plan (GMP): Comprehensive Planning reviewed the requested extension and found that the proposed project is designated Urban Mixed Use District, Urban Residential Subdistrict as identified on the Future Land Use Map of the Growth Management Plan. That designation allows community facilities including group housing uses. The existing PUD, comprising +/- 7.84 acres, was approved on October 12, 1999 for group housing use. There have been no amendments to the Growth Management Plan since that time that would affect group housing use. No changes are proposed to this PUD. Based upon this analysis, Comprehensive Planning concluded that the proposed extension may be deemed consistent with the Future Land Use Element (FLUE) of the GMP. Consistency with the Collier County Land Development Code (LDC): ,"'...." Section 1 0.02.13 D.6.b. of the LDC requires the Board of County Commissioners to make formal findings to support approval of a PUD extension request. Staff offers the following findings for consideration by the Board of County Commissioners: The PUD and the Master Plan are consìstent with the current Growth Management Plan, ìncludìng, but not lìmìted to, densìty, ìntensìty and concurrency requìrements (LDC §2. 7.4.5.6.2. a.); and No changes have been adopted to the GMP that would make the previously approved PUD inconsistent, therefore the PUD remains consistent with the GMP. The approved development has not become ìncompatìble with exìstìng and proposed uses ìn the surroundìng area as the result of development approvals ìssued subsequent to the origìnal approval of the PUD zonìng (LDC §2. 7.4.5.6.2. b.); and The subject property was rezoned to PUD in 1999. Since then, no changes have occurred to the abutting uses. Therefore the uses approved in the Vanderbilt Trust 1989 PUD remain compatible with existing and proposed uses in the area. The approved development wìll not, by ìtself or in conjunctìon with other development, place an unreasonable burden on essential publìc facilìties. Roadway improvements are underway for Vanderbilt Beach Road to accommodate growth along this corridor and the surrounding area. The PUD document contains language to address other public facilities. January 25, 2005 Board Agenda Page 2 of 6 Agenda Item No. 170 January 25, 2005 Page 3 of 54 ANALYSIS: The uses that were approved for this PUD remain compatible with other uses developed in this area. The extension action currently proposed does not address any changes to the Master Plan. Any change to the Master Plan would need to be approved pursuant to LDC Section 10.02.13. There are no special provisions within this PUD document that differ from the present LDC. The existing PUD Master Plan as it was approved does not designate any preserves and prior to any approval of subsequent development orders, the applicant win comply with the current LDC and GMP regulations regarding the amount and selection of the preserves. This PUD shall be consistent with the Environmental section of the GMP Conservation and Coastal Management Element and the LDC at the time of final development order approval. Any plan of development will identify preservation areas pursuant to Policy 6.2.6 GMP and Sections 2.7.3 and 3.9 of the LDC and that the preservation areas shall be selected in accordance with Policy 6.1.1. FISCAL IMPACT: Extension of the PUD will have no fiscal impact upon Collier County. LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation of this land use petition to extend the development time of this PUD for two years. The legal criteria on which a detennination by the Board of County Commissioners (BCC) must be based is noted below: · The currently approved PUD has been deemed consistent with the goals, objectives, and policies and Future Land Use Map and the applicable elements of the GMP. · The currently approved land uses are compatible with the existing land use pattern. · The existing project (when developed) will not 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. This project has also been deemed consistent with Policy 5.1 and 5.2 of the Traffic Element of the GMP. STAFF RECOMMENDATION: Staff recommends that the Board of County Commissioners approve this request to allow the PUD time limit to be extended until October 12,2006. PREPARED BY: Robin Meyer, AICP, Principal Planner Department of Zoning and Land Development Review January 25, 2005 Board Agenda Page 3 of 6 Agenda Item No. 17D January 25, 2005 Page 4 of 54 ~j,-. CCPA GIS - HTML Map Aerial Photo Aerial Photo Magnolia Pond PUD January 25, 2005 Board Agenda Page 4 of 6 ,l , ( i \. \. \ '\ " " .. \ \ " " \ \ \ \ 'Ì. " '\ A4 PUD lI,lT.l"lll f'EUCAN M "RSH '\ \ \ .. " , I I . 1 I I , I I . I , January 25,2005 Board Agenda Agenda Item No. 170 January 25, 2005 Page 5 of 54 PUDI!5 'Tl-IE VANDERBILT lRU5T-111188 .... '1 " 4 lRMT 04 3 m I!l ~ !i!@ ! ;.!i1 J I !E r- In :I: fi'" 2] ;Q ~ç 1RACT CI 1R!., C VANDERBILT BE'ACH ROA.D PUD 1.2,;7,0I,1I,1\.7A8 V1NEYARDS Zoning Zoning Map Magnolia Pond PUD Page 5 of 6 OL.()"<;f' ,...OL.() ~~o "~.<D () è..c~ 2rna. -::¡ roC -ern c-' () 0) « -, D- oC ::¡¡ w .... - I en I 0 .. .. .. II Ii .c . I ... 4;1 .. .. ~ ....... I .. D ::s - Do . !d I I; . I' II .111 ¡:: I, II. ~I -p ~ èJR. I Do - I~ þ. c.. II ~ . þ. .( I- :E z 0 . - 511 .... <C 0 0 ..J January 25, 2005 Board Agenda Page 6 of 6 Approved By Ray Bellows Community Development & Environmental Services Chief Planner Date Zoning & Land Development Review 1/12/20058:59 AM Approved By Susan Murray, AICP Community Development & Environmental Services Zoning & Land Development Director Date Approved By Zoning & Land Development Review 1/12/20059:25 AM Sandra Lea Community Development & Environmental Services Executive Secretary Community Development & Environmental Services Admin. Date 1/12/20052:10 PM Approved By Constance A. Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 1/12/20052:46 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 1/12120059:15 PM Approved By OMB Coordinator County Manager's Office Administrative Assistant Date Office of Management & Budget 1/13/20059:03 AM Approved By Mark Isackson County Manager's Office Budget Analyst Date Office of Management & Budget 1/14/20059:34 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Date Office of Management & Budget 1/14/200510:02 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 1/18/2005 9:48 AM Q. Glb\Ð¥-MlNOR & AS88€i1\TES, P.A. Ovi1 Engineers. Land Surveyors. Planners Agenda Item No. 170 January 25, 2005 Page 8 of 54 MARK W. MINOR, P.E. NORMAN J. TREBILCOCK, A.Le.P., P.E. e. DEAN SMmi, P.E. DAVID W. SCHMITT, P.E. MICHAELJ. DELATE, P.E. MATJHEWJ. HERMANSON, P.E. D. WAYNE ARNOLD, A.I.C.P. ROBElIT "BOB" THINNES, A.LC.P. THOMAS J. GARRIS, P.S.M. Sl1!PHBN V. BURGESS, P.S.M ALAN V. ROSEMAN October 4, 2004 PUDEX·2004-AR-6630 PROJECF #19990317 DATE: 10/18104 ROBIN MEYER Mr. Robin Meyer, Principal Planner Collier County Department of Land Development & Zoning 2800 North Horseshoe Drive Naples, FL 34104 RE: Vanderbilt Trust 1989 POO Extension Application Dear Mr. Meyer: . ~ : :"~: . ~ Enclosed, please find the completed POO extension application for the Vanderbilt TfUst1~9POO: A copy of our pre-application notes, PUD Ordinance and written analysis of the extension criteria have also been provided. .' '. .. Please contact either Richard Yovanovich at (239) 435-3535 or me if there are any questions. Sincerely" , --=w ~ ."'~ ' \, ' , ,," ",.~! ' , .... ..---..... . D. Wayne Arnold, AlCP WA:dr Enclosure cc: Rich Y ovanovich Amy Turner Tammy Kipp IECE\~IÐ ot~ ~... (239) 947-1144. FAX (239) 947-0375. E-Mail: engineering@gradyminor.com 3800 Via Del Rey. Bonita Springs, Florida. 34134-7569. EB/LB 0005151 F:\JOÐ\Vandcrlrill Trust PUD\W AIVTG5'RM41004L.doc vros -, .-.<----..---.< c:::.o~"Y C:;;;;;Ou.'H.'ty Agenda Item No. 170 January 25, 2005 Page 9 of 54 APPLICATION FOR PUBLIC HEARING -~~---~ -_._-----~-- PUD EXTENSION PUDEX-2004-AR-6630 PROJECT #19990317 DATE: 10/18104 ROBIN MEYER 1. General Information: Name of Applicant(s) Amy Turner Applicant's Mailing Address 6625 New Haven Circle City Naules State Florida Zip 34109 Applicant's Telephone # 239-594-0304 Fax # 239-594-0934 Applicant's E-Mail Address Name of Agent D. Wavne Arnold. AICP Finn O. Grady Minor and Associates. P.A. Agent's Mailing Address 3800 Via Del Rey City Bonita Springs State Florida Zip 34134 Agent's Telephone # 239-947-1144 Fax # 239-947-0375 Agent's E-Mail Addresswarnold@gradvrninor.com COLLIER COUNTY COMMUNITY DEVELOPMENT DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (239) 403-2400/FAX (239) 643-6968 Revised: 02-18-04 Page 1 of 9 Agenda Item No. 17D January 25, 2005 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if Page 10 of 54 necessary) 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 2 . Disclosure of Interest Information: a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets ifnecessary). Name and Address Amv Turner - 6625 New haven Circle Naples. Florida 34109 Tammv Turner - 3252 Reaatta Road NaDlas. Florida 34103 Percentage of Ownership 50% 22% 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 Percentage of Stock c. If the property is in the name of a TRUSTEE, list the name of the Trust and the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest Revised: 02-18-04 Page 2 of 9 ^.__.'^......._,_._~~_.." Agenda Item No. 170 d. If the property is in the name ofa GENERAL or LIMITED PARTNERSHIP, list thenåMuáìy 25,2005 the general and/or limited partners. Page 11 of 54 Name and Address BRT Coastal Investment Partnership General Partner - BRT Educational Enterprises. Inc.. 210 Moorina Line Drive, Nacles. Florida 34102 Percentage of Ownership 28% 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: f. If any contingency clause or contract tenns involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address g. Date subject property acquired (.I") leased (): July 2004 Term oflease -YI'8.1mos. If, Petitioner has option to buy, indicate date of option: and date option tenninates: , or anticipated closing date 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 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 Ie!!:aI description of the property covered bv the application: (If space is inadequate, attach on separate page.) Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum I" 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: 31 Township: 488 Range: 26E Lot: Block: Subdivision: Revised: 02-18-04 Page 3 of 9 Plat Book: _ Page #: _ Property I.D.#: Agenda Item No. 170 January 25, 2005 Page 12 of 54 Metes & Bounds Description: 4. Size ofpronertv: 660 ft. X 517 ft. = Total Sq. Ft. 341.510 Acres 7.84± 5. Address/e:enerallocatioo of subject property: Located on the north side of Vanderbilt Beach Road. approximately ~ mile east of Livimzston Road. 6 . Adiacent zooine: and land use: Zoning N Pelican Marsh PUD Land use Tiburon Golf Course S Vineyards PUD Village Walk Subdivision E Wilshire Lakes PUD Fieldstone Village Condominium W Agriculture Bobbin Hollow Eauestrian Facility Does the owner of the subject property own property contiguous to the subject property? Dyes [ZI No If so, give complete legal description of entire contiguous property. (If space is inadequate. attach on separate page). Section: Township: Range: Lot: Block: Subdivision: Plat Book_ Page #: _ Property I.D.#: Metes & Bounds Description: 7. Detail to explain extension reauest: a. Has this PUD received any previous extensions or amendment approvals? DYes [ZINo If YES, please indicate the date of approval(s) b. Has any portion of the project been developed? DYes [8J No Revised: 02-18-04 Page 4 of 9 Agenda Item No. 170 If YES, please provide a written analysis of the amoWlt of existing development using the crit"uary 25, 2005 listed in LDC Section 2.7.3.4.1 or 2.7.3.4.2., as applicable. Page 13 of 54 c. Has the PUD sunsetted? DYes 1:8:1 No When? If NO, please indicate the date that it will sunset: October 2004 Please explain why the PUD was allowed, or will be allowed to, sunset: Per Section 2.7 of the LDC. POO's approved prior to October24. 2001 must receive improvement plans for at least 15% of the project every five years. The proposed PUD extension will extend the sunset date by two years. as permitted in Section 2.7.3.4.6 of the LDC. d. Please provide a chronology of the original zoning approvals and amendment approvals as well as any development approval and any site development improvements that have occUlTed: Please provide copies of all POO docwnents for the original approval and all subsequent actions. The POO was originally approved on October 12, 1999 as Ordinance 99-70 e. An extension can be requested for up to two years, for a maximwn often years total wm the original approval date. Please provide the original approval date: October 12. 1999 How many years extension is requested? Two to what exact date? October 12. 2006 8. 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. 9. Previous land use oetitions on the subiect Drooertv: 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? ~ RevIsed: 02-18-04 Page 5 of 9 Agenda Item No. 170 10. Additional Submittal reauiremeø.ts: In addition to this completed application, the foUtnIIiøgry 25, 2005 shal1 be submitted in order for your application to be deemed sufficient, unless otherwise wai+tøge 14 of 54 during the pre-.application meeting. a. A Copy of the pre-.application meeting notes; b. Twelve copies of the Master Plan on paper that is no more than 24" x 36" [and one reduced 8W' x 11" copy of site plan], drawn to a maximwn scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation). c. Evaluation Criteria: Provide a written narrative statement describing the request to show compliance with the criteria found in the Collier County LDC noted for the proposed action (IDC 2.7.3.4.6.2). Include additional materials and documentation in support of the extension, as necessary. Revised: 02-18-04 Page 6 of 9 -"--<.-.,~..~~,~....__..- Agenda Item No. 17D January 25, 2005 Page 15 of 54 10.c. Evaluation Criteria: The Vanderbilt Trust 1989 PUD pennits assisted living facilities, Ù1cluding skilled nursÙ1g, and child day care services. The subject property is located in the Urban Mixed Use District, Urban Residential Subdistrict on the Future Land Use Map. Uses such as assisted Jiving facilities and child care centers are pennitted uses within this land use designation, and are therefore consistent with the Growth Management Plan. Section 2.6.26 of the Land Development Code contains specific Ù1tensity thresholds and development regulations for uses such as assisted living facilities. Specifically, the Ù1tensity of such uses are limited to a floor area ratio of .45. The Vanderbilt Trust 1989 PUD also contains this limitation and is therefore consistent with the Ù1tensity limitation presently in effect in the LDC. In addition to the intensity limitations imposed Ù1 the PUD, Ordinance 99-70 contains specific building setbacks, height limits, and buffers for the project. Since approval of the PUD, no land use relationships on surrounding properties have changed that would render the PUD to be incompatible with surrounding development. The nearest residential property is the Fieldstone Village Condominium located immediately to the east within the Wilshire Lakes PUD. The Vanderbilt Trust 1989 PUD Ù1c1udes development standards which were, Ù1 part, developed Ù1 cooperation with Fieldstone Village residents, such as a maximum building height of three stories. Additionally, a minimum buffer width of 30' is required between the Vanderbilt 1989 Trust PUD and Fieldstone Village Condominium, which buffer represents double the width typically required by the LDC. The conceptual PUD master plan also demonstrates the location of the 30' wide buffer. The subject property is accessed via Vanderbilt Beach Road Extension. The property owners have been working with Collier County Transportation staff in their effort to expand the roadway fÌ'om a two-lane to six-lane facility. Cotlier County has begun the roadway project, and Ù1 February, 2004, the Board of County Commissioners entered into an easement agreement with the property owners, which grants a 15' wide perpetual road right-of-way, drainage and utility easement for the six-lane improvements to Vanderbilt Beach Road. Directional turn-lane improvements are planned and have been coordinated with the property owners as part of the construction improvements for Vanderbilt Beach Road. A copy of this easement agreement has been attached. No level of service issues presently exist that would prohibit development of the PUD; however, with the construction and improvement of Vanderbilt Beach Road as a six-lane facility, adequate public facilities exist to serve the project. The Vanderbilt Trust 1989 PUD remains consistent with the Collier County Growth Management Plan, and applicable provisions of the Land Development Code as they pertain to the pennitted assisted living facility and child care uses. The PUD contains development regulations and buffering requirements which assure compatibility with the nearby residential uses in the Wilshire Lakes PUD. No essential public service level of · '" to Agenda Item No. 17D January 25, 2005 Page 16 of 54 service issues result ftom this project, and the property owners have cooperated with Collier County in facilitating the planned improvements to Vanderbilt Beach Road. Based on these considerations, the requested two year extension of the PUD should be granted. Completed Application, with additional required documents Copy of Approved PUD Ordinance Copy of Deed(s) and list jdentifying Owner(s) of aU Partners if a Corporation 4. Completed Owner/Agent Affidavjt, Notarized S. Master Plans 6. 7. 1. 2. 3. Agenda Item No. t7D January 25, 2 05 Page 170 54 Tms COMPLETED CHECKLIST MUST BE SUBMITTED WITH APPLICATION PACKET i '- # OF NOT I REQUIREMENTS COPIES REQUIRED REQUIRED 12 12 2 SUBMITTAL CHECKLIST Aerjal Photograph Revjew Fee $1000.00 2 12 2 OTHER REQUIREMENTS: After jnitial review of tb.( request, staff will determine what jf any additiona information may be required to substantiate the request The applicant's agent will be noûfied. As the authorized agent/applicant for this petition, I attest that all of the information indicated on tlùs checklist is included in this submittal package. I understand that failure to include all necessary submittal infonnation may result in the delay of processing this petition. ~~M----~ Agent! Applicant Signature 1f~i Date Revised: 02-18-04 Page 7 of 9 ~~ PUIJt;X-ZUU4·AK-(b~U PROJECT #19990317 Agenda Item No. 170 DATE: 10/18/04 January 25, 005 ROBIN MEYER Page 18 f 54 PUD EXTENSION REQUEST Pre-Application Meeting Notes Date: q \~2. Time::2- './6' Ag.ent NamelFirm Name: Wf¥1N£ Af'uc..rð\& / G~ M~ Project Name: ""l1îK.. V-ANJ.£.flbI1+~~-r-::pu.[) Appli"""'.N..." ~ ~ Pbon" QL/7~/tl/f Owner's Name: p: _ _ _ _h -----'- Phone L..J Owner's Address: Planner~1Ñ ME:v1"ØA.- Òrvwd-\'-'}A' ~~k~ Meeting Attendees: Nlc¥~~~ Mt~ ~'SZ MEETING NOTES SUMITTAL REOUlREMENTS: PLEASE REFER TO THE LDC AND APPUCATlON FORM FOR ADDITIONAL INFORMATION. oration Copies ofthe following: I Complete legal description 1 copy of completed Addressing Checklist 1 copy of 8 !It" X II" graphic location map of site POSSIBLE OTHER REQUIREMENTS, DEPENDING UPON mE SPECIFIC PROJECf: ø Traffic Impact Statement (TIS) 0 Environmental Impact Statement (EIS) 15 biliu 0 Oiliu revised: 1/8104 Agenda Item No. 7D January 25, 2 05 Page 190 54 The Vanderbilt Trust 1989 PUD Legal Description O.R. 1417, PAGE 1398 THE WEST 1/2 OF THE SOUTH 1/2 OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 48 sourn, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, TEN (10) ACRES MORE OR LESS, LESS A PERPETUAL AND EXCLUSIVE EASEMENT FOR RIGHT OF WAY FOR PUBLIC ROAD PURPOSES OVER THE SOUTH 150 FEET AS RECORDED IN O.R. BOOK 915, PAGE 286, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. SUBJECT TO OIL, GAS AND MINERAL RIGHTS PREVIOUSLY RESERVED OF RECORD AND SUBJECT TO EXISTING RESERV A nONS AND RESTRICTIONS OF RECORD. PUDEX-2004-AR-6630 PROJECT #19990317 DATE: 10/18/04 ROBIN MEYER - -g- - --- Folio No.1 00201000003 MIA I - Current Ownership Property Add_I NO SITE ADDRESS Agenda Item No. 7D January 25, 2 05 Page 20 0 54 Owner N_e TURNER, All('( S Add_ TAMMY TURNER KIPP BRT COASTAL INVESTMENT 210 MOORING LINE DR NAPLES Legal 31 48 28 W1I2 OF 81/2 OF SE1t4 OF SW1/4 LESS S 160FT R1W 7.73 AC FL ZI 34102 - 4741 Acres 7.73 NON-AGRICULTURAL ACREAGE 2004 Preliminary Tax Roll Values Latest Sales History Velue $ 683,350.00 $0.00 $ 683,360.00 $ 0.00 $ 683,360.00 $ 0.00 DñI 08 1 2003 08 1 2003 Book - Pa 3321 - 2515 3319 -1930 Amount $0.00 $ 0.00 - The Information Is Updated Weekly. PUDEX-2004-AR-6630 PROJECT #19990317 DATE: 10/18/04 ROBIN MEYER http://www.collierappraiser.comIRecordDetail.asp?F olioID=OOOOOO020 1 000003 9/23/2004 .- ..~~,__o;_..._.". Agenda Item No. 17D January 25, 2005 Page 21 of 54 Florida Limited Partnership BRT COASTAL INVESTMENT LIMITED PARTNERsmp ~ PRINCIPAL ADDRESS 3838 TAMIAMI TRAIL NORTH, SUITE 300 NAPLES FL 34103 MAILING ADDRESS 3838 TAMIAMI TRAIL NORTH, SUITE 300 NAPLES FL 34103 DocumeDt Number A03000000856 FEI Number 571178057 Date Filed 06/09/2003 State FL Status ACTIVE Effective Date NONE ---- -- - Actual CODtributioD 16,000,000.00 -"'- ------ PUDEX-2004-AR-6630 PROJECT #19990317 DATE: 10/18/04 ROBIN MEYER Registered Agent Name & Address GOODMAN BREBN '" GIBBS 3838 TAMIAMI TRAIL NORTH, SUITE 300 NAPLES FL 34103 I Name & Address [DGCUmenc Number BRT EDUCATIONAL ENTBRPRISES. INC. 210 MOORING LINI! DRIVE 368540 NAPLES FL 34102 General Partner Detail ~. Annual Reports ~ n ~ http://ccfcorp.dos.state.fl.usIscripts/cordet.exe?al =DETFIL&nl =A03000000856&n2=NA... 7/1512004 I Report Year 2004 ~ Fßed Date 0fI16i2004 , Agenda Item No. 7D January 25, 2 05 Page 22 0 54 - No Events No Name History Information Document Images Listed below are the images available for this filing. POT THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT bttp://ccfcorp.dos.state.f1.us/scriptslcordet.exe?al =DETFIL&n 1 =A03000000856&n2=NA... 7/1512004 ",,"*"--'""'_..-~ DOCUMENT#A~ I!nfIty Heme: BRT COASTAl. INVESTMENT LIMITED PARTNERSHIP Apr 16, 2004 . Secretary of Sftd.nda Item No. 7D January 25, 2 05 Page 23 0 54 Current PrIncipal Place of Business: 3838 TAMIAMI TRAIL NORTH, SUITE 300 NAPLES, FL 34103 New Principal Place of Business: Cumtnt Mailing Address: 3838 T AMIAMI TRAIL NORTH, SUITE 300 NAPLES, FL 34103 New Mailing Address: Fa Number. 57-1178057 FB Number ApplIed For ( ) FE! Number No! Applc:able ( ) CeItIIicaIe of __ Dellired ( I Name and Addnss of Current Registered Agent: GOODMAN BREEN & GIBBS 3838 TAMIAMI TRAIL NORTH, SUITE 300 NAPLES, FL 34103 US Name and Address of New Registered Agent: The above named entity submits this statement for the purpose of changing its registered office or registered agent. ör both. in the Stat8 d Florida. SIGNATURE: Electronic Signature of Registered Agent Date CapItal Contributions as Shown on record: 16,000,000.00 Amount of Capltaf Contributions In Florida to date: 0.00 caENERAL PARTNER "FORIIA11ON: ADDRESS CHAHCaE8 ONLY: ~#: Nome: Address: CltJ-St-Zlp: BRT EDUCATIONAL ENTERPRISES, INC. 210 MOORING LINE DRIVE NN>LES. FL 34102 AdChss: Clty-Sl-Zlp: I hereby certify that the information supplied with this filing does not qualify for the for the exemption s1at8d in Section 119.07(3)(1), Florida Statutes. I further certify that the införmation indicated on this report Is true and accurate and that my electronic signature shall have the same legal effect as If made under oath; that I am a General Partner of the limited partnership or the receiver or trustee empowered to execute this report as required by Chapter 620, Florida Statutes. SIGNATURE: BERNIE TURNER P E/ecIronlc SIgnature r:A Signing General Partner 0411612004 Datø Agenda Item No. 70 January 25, 2 05 Page 24 0 54 Florida Profit BRT EDUCATIONAL ENTERPRISES, INC. ~ ~ PRINCIPAL ADDRESS 801 ANCHOR RODE DR STE 206 NAPLES FL 34103 US Changed 01/16/1998 ~ MAILING ADDRESS 801 ANCHOR RODE DR STE 206 NAPLES FL 34103 US Changed 01/16/1998 Documeut Number 368540 FEI Number 591347394 Date FUed 08118/1970 State FL Status ACTIVE Effective Date NONE Last Eveot NAME CHANGE AMENDMENT EveRt Date Filed 09/17/1992 Event Effective Date NONE Name & Address TURNBR,BBlWARD L 210 MOORING LINE DRIVE NAPLES FL 34102 A.w.- c:Jwtøed: 03103t2000 ~ OfficerlDirector Detail Name & Address TURNBR.BBRMARD L 801 ANCHOR RODE DR NAPLES FL 34103 / Title I I~~J http://ccfcorp.dos.state.fl.us/scripts/cordet.exe?al =DETFIL&nI =368540&n2=NAMFWD... 7/15/2004 ,--, ,...,.__..-.._._,,----".._._~" -'"~~"""---~'- I roRNBR,lUTA 101 ANCHOR. ROOB DR NAl'LBS FL 34103 SD Agenda Item No. 70 January 25, 2 05 Page 25 0 54 eoorts I Report Year I Filed Date I 2002 01/2212002 2003 01115/2003 2004 05110J2004 Annual R - View Events View Name Risto!')!: Document Images Listed below are the images available for this filing. TffiS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICf I1Up:llccfcorp.dos.state.fl.uslscripts!cordet.exe?al =DETFIL&nl =368540&n2=NAMFWD... 7/1512004 ZUU4 I"Uft PftUl"n "'U"JØUnAIIVN ANNUAL REPORT AR DOCUMENT # 388840 1. EntiIy Name BAT EDUCATIONAL ENTEAPRlSES, lNO. . .I.' .I......,.&:.f...., May 10, 2fJð!fø.~!Ø:J·2 Secretary Or~6 0 05-10-2004 90451033 ·"150.00 70 05 54 Pnnc/pII ~ at !kill..... 801 ANCHOR RODE DR. STE 208 . NAPLES Fl M103. us ,. :L PrtncipaI Place 01 ~ ~AddNU 801 ANCHOR RODE DR STE 208 NN'LES A. M103 us 3. Mailin 1Iddt_ '"t " 1IIIIIIIIIIIIII1 Suite. ApI. II. etc. SUite. Apt f. .cc. MOORE CR2E0G4 (11103) clty&SIa1a CiIy& $18111 ... FEI Number 59-1347394 ZIø CoI.r1tIy ZIp Country So CeI1IIicaI8 at SIAIIuI 0esir8d [J .,. ........"., AdIhø 01 N.w II. .......... ~ Of CurIWftt Name TURNER,BERNARO L 210 MOORING UNE ORNE NAPlES Fl34102 Street AddnISS (p.O. Boll NumÞer is No! AcoeptaÞIe City F~ Z\) CGde """'....------ K~,.(i¥ t. El8c1lcn Campaign Anønclng $5.00 May TM! Funø ContribuIIon. 0 AddId III Fe. DOMe 11. nn.e - SIREfI_ arY-SHI' mu - SIREfI_ COY-Sf·1II' 111\( - SII&T~ COY-ST-II' 1I!I.E - S1REfI_ COY-ST-III' ADOlTIONSICHANGES TO OFFICERS NolO EIIR£CTORS IN 11 o CIIngt 0 AI 10. mu PO II1II[ T\RIISI,BEIINARO L sœr_ 801 ANCHOR RODE OR CII\'-S!-IJI' NAPlES FL 34103 fJIIf SO /WI[ TlØEII,AlTA SI!IEI ADIJIESS 801 ANCHOR RODE OR CII\'-$l-III' NAPLeS Fl 3'103· 1J1t£ - 'SI1IffI HXIIESS em·ST-1II' IIlIf IWIf srm fCIIjE$S em-ST·lI' o CIIWVe 0 AI D DI!III o CIIMgI 0 AI ODe1118 o CIIqt 0 AI ~ O~ nn.e -- .- mm M:iIJÆSS SIIIm_ CJT'/-$l-lI' COY-SI·III' ~ D~ mu tIME _ SIIIIET AOOIIS$ S1IHT_ CRY·Sf.lIP ØTI'-sr'lII' 12. , IInby CIrify IhøIlhlllnæ='-I.... 1hII II/na dae& not quIIIIy lor 1I1o.-np1On Itated In SIIQdon 1 U..07I3)(11. florida...... I funher ~ 1hII fie IIIIonnII lndIceIécIattN. ,-,or repør11111Ue ri __ jx.."" ~ .,.., _ ". _ ~ .eIiót. II nwM IndIr 0III/I: '*1l1lil1li oIIIaIr or cho 01_ cc:vporefon or lie, or ...... ~ 10 -..II1II rIICI! .. récµted by ChaøtBt 807. FIarId.Ii SøaMtI: llllcllhal"" IIIIM ~ h Black 10 orBloc:k cIwngIM1. Of 011... ~..., 111 ~ wI1h.. CIItW"1fIIPCIW*ed. ___.. _____ --:7 ~.~ o ø...,. DA< o CIIqe 0,", .,/ /'. -. ~ .~~.~'-"'~ ---<,..- PROJECT: 63051 PARCEL. Nos.: 118 FOLIO NOs.: 00201000003 Agenda Item No. 70 January 25, 05 Page 27 54 EASEMENT AGREEMENT THIS EASEMENT AGAE~NT (hereinafter referred to as U1e . Agrøement") is made and entered into on this 1rtdey of ~Il.u."'¿" ,2004, ("Effec:tiv8 Dete") by and between AMY S. TURNER, a single woman, TAMMY TURNER KlPP, a married woman, BRT COASTAL INVeSTMENT UMITED PARTNERSHIP, a Florida Umited Partnership (hereinafter cotlectlve/y referred to as ·Owner"). whose address Is 210 Mooring Una Drive, Naples, Florida 34102 and COWER COUNTY. a poIItic:aJ subdivision at the State of Florida, its successors and assigns (hereinafter referred to as "Purchaser"). whose maJUng address is 3301 Tamiami Trail East. Naples, Florida 34112; WHEREAS, Purchaser requires a perpetual, non-exclusive Road Right-of-Way, Drainage and Utifity Easement over, under. upon and across the lands described In Exhibit °A" (hereinafter referred to as the ·Easement"). wtllch Is a\1aChed hereto and made a part of this Agreement; wHEREAS, Owner desIres to convey the Easement to Purchaser for the stated purposes, on the terms and conditions set torth herein; and WHEREAS, Purchaser has agreed to compensate Owner tor conveyance 01 the Easement; NOW THEREFORE, in consideration at these premises, the sum 01 Ten Dollars ($10.00), and other good and valuable consideration, the receipt and su1flciency at which Is hereby mutually acknowledged, it is agreed by and between the parties as tallows: 1 . Owner shall convey the Easement 10 Purchaser tor the sum at $42,000.00 payable by County Warrant (said transaction hereinafter retarred to as the "Closing"). Said payment shaJl be fuD compensatIon fOl' the Easement conveyed. Including aI landscaping, trees, shrubs. improvements, and fixtures located thereon, and for any damages resulting to Owner's rarnair1i1g lands, and tor all other damages In connection with conveyance of said Easement to Purcha88/". includIng all attorney's tees. expert wimess taes and costs as provided tor in Chapter 73, Florida Statules. NotwithstandIng the foregoing, said payment shall nol be construed as compensation tor any damages arising out of Purchaser's use of the Easement after the date œ this Agreement, nor shaD it be compensation for future attorney's fees. expert witness fees or costs Incurred to enforce the terms of this Agreement. 2. Owner shall retain the right to use the Easement tor vehicular and pedestrian access to and from Owner's remainIng lands and for any other uses authorized In accotdance with a Right-of-Way Permit issued by Collier County Transportation Division, subject to the conditions and restrictions Imposed by said Right-of-Way Penni!. Notwithstanding, Owner shall be permItted to use the Easement for lotpcoverage calculations. setback areas, and denslly calculatfons tor the benefit of Owner's remaining lands as provided In Sec.2. 1 .13 of the Collier County Land Development Code. 3. Prior 10 Closing, OWner shall obtain from the holders of any liens. exceptions and/or quaßfications encumbering the Easement, the oxøcutlon of such instruments which will remove, release or subortlina18 such encumbrances from the Easement upon their recording In the public records of Collier County. Florida. OWner shalf provide such Instruments. property executed, to Purchaser on 01' before the date of Closing. -~-~-- ~------ ------ PUDEX-2004-AR-6630 PROJECT #19990317 DATE: 10/18/04 ROBIN MEYER Easement Agreement Page 2 Agenda Item No. 70 . January 25, 2 05 Page 28 0 54 4. 60th Owner and Purchaser agree that time is of Ihe essence in regard to the dosing, and thaI therefor. Closing shall occur within sixty (60) days from the date of eXB1)utlon of this Agreement by Ihe Purchaser; provided, however, Ihal Purchaser shall have the unilateral righl to extend the term of this Agl8Qment pending receipt or such Instruments, properly executad, which either remove or ralease any and all such IIena, encumbrances or quallllcatlol15 affecting Purchaser's enjoyment of the Property. AI Closing, Purchaser shall deliver Ihe County Warrant 10 Owner and Owner shall deUver the conveyance Instrument 10 Purchaser in a form acceptable to Purchaser. 5. Owner is awa"" and understands that the "offer· Ù) purchase repressntlld by this Agreement Is subject to acceptance and approval by the Board of Coun1y Commissioners of Collier County, Florida. 6. Owner represents that the property underlying the Easement, and all uses of the said property, have btMn and presenlly are In compliance with all Federal. Slate and Local environmental laws: that no hazardous substances have been generated, stored. tTaated or 1ransterred on the property undertylng the Easemen1 except as specifically disclosed to the Purchaser; that the Owner has no knowtedge of any spill or environmental law vloJation on the property COn1lguOU5 to or In the vlcfnlty of the Easement 10 be sold to the Purchaser, that the Owner has not received notice and otherwise hIlS no knowtedge of: a) any spill on the property underlying the Easement; b) any existing or threatened envlronmente' lien against thll property underlying the EasemBf1t; or c) any lawsuit, proceeding or lnves1igatlon regardIng !hit generation, s1oraga, treatment, spill or transfer of hazardous substances on the property underlying the Easement. ThIs provision shall sUlVlve Closing and Is not deemed satisfled by conveyance of title. 7. Owner shall indemnIfy, defend, save and hold harmless the Purchaser against and from, and to reimburse the Purchaser wtth respect to, any and all damages. claims, liabIlities, laws, costs and expenses (Ì'1c1udlng without limitation reasonable paralegal and attorney fees and expenses whether In court, out of court, In bankruptcy or admlnislratlve proceedIngs or on appeal), penalties or fines Incurred by or assertlld against the Purchaser by reasOfl or arising out of the breach of Owner's representation under Section a. This provision shall survtve Closing and Is not deemed satisfied by conveyance of title. S. Purchaser Inlenets to USIt the Easement as a public road right-of-way and IIhaII have soe responsiblUty tor maintaining the same. Purd1aSlilr agrees to maintain public liability Insurance on the Easement In the amounts customarily he'd by Purchaser on other publIC road right of way maintained by Purchaser wItJ1ln CoIUer County. 9. The Purchaser shall pay for aU costs of recording the conveyance Instrument In \he Public Records of Collier County, Florida, and ror all other costs usoclated with thill.tranll8ct1on incrudlng but not limIted to recording costs and paying for any costs and/or tees associated with IIØCUI1ng and recording a Subordination. Consent & Joinder of Easement of the mortgage(s) recordad against the prop.rty underlying the Easemsnt from the mortgagøe{s). The cost of a title commitment shall be paid by Purchaser. 10. This Agreement end the term. and provisions hereof shaU be etf9C!ive as of the date this Agreement is execu1ecl by both parties and shall inure to the benefll of and be binding upon the partlell 'h'Breto and their respectIVe heirs, executors. personal representatives, successore, successor trustees, and/or esslgnees. whlll"lsver the con1ext so requires or admits. ,.._.~.~----,.,- -----.__.. Agenda Item No, 7D . January 25, 2 05 Page 29 0 54 Easement Agreement Page 3 1 t. Purohaser shall construct a Right-in Right-out and Left-In only directional median opening on Vanderbilt Beach Road and addilfonal left turn lane with a 50 foot taper and corresponding curb cut, substantially In accordance wi1h the sketches attached as Exhibit '8' and incorporated herein by this reference (oonectlvely the "MedIan Cut"), at Purchaser's sole cost and expense, subject to Collier County's access management policies and subject to closure or modification by Co/Aer County if required for the public health, safety, or welfare. 12. Conveyance of the Easement by Owner is conllngent upon no other previsions, condItions, or premises other than those so stated above: and the written Agreement, Includíng all exhibits attached hereto, shan constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakJngs, promises, warranties, or covenants not contained herein. t3, If the Owner holds the property underlying the Easement In the form of a partnership, limited partnership, oorporatiofJ, trust or a.JTf form of representative capacity whatsoaver for others, Owner shall make a written public disclosure, according to Chapter 286, Aorida Statutes, under oath, of the name and address of every person having a beneflcla Inlerest In the property underlying !he Easement before the Easement held in such capacity Is conveyed to Purchaser, lis successors and assigns. (II the corporation Is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Aorlda Statutes, whose stock is for sale to the general public, It Is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 14. This Agreement Is governed and construed in accordance with the laws of the S Late of FIortda. IN WITNESS WHEREOF, th& parties hereto have executed !his Agreement on !his _ day of 2004. AS TO PURCHASER: DATED: ;t.:U '01 ATTEST: DW~~!;JJ.,~~!~(~?CK, Clem ........'.:.{!...:~~::..~ ....~~ "''¡;~'~'" ......... ~~'" ~. ~··,I~ "JJc.~ i õ,¡:i ,', ~ .},('F:'" j~ Clerk ~It'-M;'~~'s \!.ØP:t;Ure~~~..¡r- ...""~::~~:p':i~,,,,' #i1,'IAI/I,....I".'···~ BOARD OF COIJNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /L ..:L2! Donna ~, ChaIrman ....~ =- ~z. ::d tl5.:Q."f Agenda Item No. 7D . January 25, 2 05 Page 30 0 54 Easement Agreement Page 4 AS TO OWNER; DATED: ..... /--/:,./ ~ ~~ Amy S. urner .'J<'-yc, .J AS TO OWNER: ~~œ tammy urna 'pp AS TO OWNER: DATED; "-;/"'-1;''1 "~ BRT COASTAL INVESTMENT LIMITED PARTNERSHIP By: BRT EDUCATIONAL ENTERPRISES, INC., General Penner ..c;;? ......J"(~.. Bernard L Turner, President (Print or Type) Approved as to form and legal sufflctlt/'lcy: ~~ Ellen T. Chadwell Assistant County Attorney II A" 6.,.\..-', b: I- Agenda Item No. 17D . nuary 25, 005 Page 31 f 54 '~ \\ tf EXISTING NOR tH ROW UN£: . PARCEL 118 ------- .' ~ ;;; a ~ « i o~ ~ Ct::o ... :cCt:: '" ;z: ü- ;:¡ «0 is LLJLJ') / ~ ro~ f-c..:> ~ ...JZ ëëì= , æ:(/) ..- ~8 Z « > -- " ------- i~ ::f~ ~S Þ 81305"1 fIIIoIIICCl. .. I .,. Wi__lle¡-'''- ......~.,............. ........~.......---~ -... .....a.,..... ==¡.,*'::i.....~'t; =-...... ,.......... Oet D. tD02 - l3lUa." ...A~~D4~-...~ - :s- Ijð;:....¡ z ~ o 50' 100' 200' SCALf:: '".100' Notes: I. Th1s is not 0 survey, 2. Sub eet to eosemlUlts, reservotlons and rutrlotlons 01 record. 3. Easements shawn hereon are per plat, unless otherwi8. noted. 4. ROW represents Rght of Way. ... ....... I~' ;i: (f' .... 0 .... ........ w VI .... 0 N ....... en .... 0 N ....... I- (f' ~ OCSCRII'TlOH: Tho Northerly U.OO I.... 0' Southetfy 155.00 I..t øl th_ toao..u.9 described parc.l: Th. W~ 1/2 0' the SouU. t/2 0' .the Southeut auort.... of lhe SCMoIthweat Quart.- 01 Section .3\. TownlOhlp 4ð s....1... R_ 211 Eøac. CG111er Counly. F1arido. LII:Ø 0 p..$N11.1a1 oncl Pdu" _.m_t 'Of' riqhL or way 101' public: rcMI'G ""rpona aver Lho Soulh 150 ".1 .,. ,_dOlI In O.R. a_ 111~ P"'l" 2M. Public R_. of eow.r Counly fJ_.... Sub Jeet 10 01. voa. and m....waI rfght. pnMDot.)' r.......,.d or rec:Drd and -.lb'-at 10 ....tln4) .ruwvI7Ua". and l'.tricthln8 af "ecord.. Con laUslng 0.2211 ocr_ mGl"e 01 J.... .... --' .' . ~~. FOUO NO. 002.0OooOO~ cou..ør COUNrY Dl!PAIf1JÆI>rI' Of'<~A7JCW SIŒ!!F'CH NIO r::-.---rrON - - t'.. r l1Ø6 øø:ø PU L-(I?R . <W .- OLt)'<t ,....OU? ...-0_ .N 0 c::>-- N . :0 ... .~ $roro -:;:)0- roC -oro C-' (l) 0') « -, - II g., ¡, 1:s::rKD .~'-L \.j Nÿt:' '':::! J. ..2:= .?/~ì()_- ,W:n70' J.../ ,,,"¡ .:::' ~~ï ·\/1 "_.-:" ~_. _... ..~ ..__' 1,--, : '?(~"~ \[~-:J ~ ~ ~:I' ~ d la..J §ê í5 ê5 ~ 0::: Cleo ::::: ~-.J °lW <...:.> ~Q:: f-ã: ~<= go Q â~ _ LU >1- LI..J~ g:~ ~~ ßE5 ~~ ßCl... 1-lJ.... <.nO ;;;; CO <: :æ: lU ê WI- <.n<.n ~~ ~I- 0...<: L - (.. ",,' ~¿ :> LLJ ~~2~~ ::r.: (.....-, -_.J :S: ~ . ì! - E:'" <1M ...u ....< 1= l -~ 8. ~:ë ~~ ~ 1 '" :;; §g ~ 'u.J a... a ~ ~ õ l.¡J ~ I- <::: lU Q: Q: a ... co < ~. ,< '" 0' eo of. d ë\j c...¡ ,,' ....- . -..~.. ,.. ., -. -.. - .. "~r"''¿;; ¡'--~r~' .....~ 2'.~ ~. '- .' .-. ...Iô.u....n I ~WI-I ___..r-....t:!C"";;1 Please complete the fonoMD¡¡ iIIiI submit to dJe A<Id1aIdDg ~0J1 m J.<,eV1CW. I"Im au. n....... W~ IWU oI-\!l. ,;vmvmoillCt. ~ ÙI...... ~ _1'eInÛnId. Agenda Item No. 70 January 25, 05 1. LepI~ ofsubjeçtpropenyorproperti.rs(cøpyof/.mstlo'dt\.tcrlpttDII maybeattat;/wd) Page 33 54 ~t4826wtI2.0FStI2.OFS'E1/40FSW1/4..TR~SSlSOFI'RIW - Pa.<W "3.1 __ -- 2. 1'0lio (I':ropeI'tJ JD) JnIIÜeI(.) ofabcml (attDdt 10, qr as:s()Cialø with. ltgøl ~ If"more. tIIt2, one) 00201000003 -- -- 3. S1=:t addRss or addn:sses (os øpplictJblø. iftllrwMly 1l6~ NO SITB ADDRESS 4. LocIdioa map, sbowiIIg CDCIt 1ocetion of pIOjectI_ in :rdmion to :a.rmcst publiç mad rigbt-of-wa,. S. Copr ofSUM!)' (NEEDED ~ Y POR UNPLATIBD PROPERTIES) 6. ~ project II8IDe (tfappl#«Jbi,) 7, PJOpQSOd Street nømes (if appllDahl.) 8. Site Im=1opmmt: Pbm Number (FOR EXISTING PRD.JECTSISITES ONLY) SDP_-_ 9. l'etUioa Type - (CompJ.eœ . øcpaœte Addressing CheoIcUIf fbr fJICh ~etitiœ Type) B :~l:~~ B ~ ==oaPØt) ·0 SDPI (SDP Jnsubstami8l Cbmgc) 0 " (FiDa1 Plat) o 81P (sUe IœpJ.'ovemmt PJau.) 0 LLA (Lot Line Ac\jusbneøt) B SlÞA (8J1.' ~ § BL (BIastiug Permit) SNR(Str=tNameC'.ll8u¡e) . ROW ~$WayPermit) o VegebtJiooIBxotic (Vea. Ranova1 PermitB) EXP (Excavødon Permit) o Lad Use Petition (Vøriaaœ, Coaditiooal Use, 0 VR8FP (Ves- Removal & Site Fßl Per mit) Boet Dock F.xt.. R.ezone, PUD rezone. etc.) t8t 0tI:ier - Describe: POD E'X'mNSION 10. Project or c1cvdopmeat tI8aIeS proposed. for, or a1rcad:y appeIri:ng in. condominium. docama2b (if appIic::able; indiClltc ~ proposed or.~ 11. Please Check One: I8J Checklist is to be Faxed B8ck 0 PerscmaUy PicIœd Up 12. App1ieaøtN... D. WAYNEARNOID Phone 947-1144 FuJM.7--937S _. 13. Sigoatute on Addressi.na Chcok:Im c10cs not CODSth:ute Project 8DdIor SWet Nænc IIpp.t'OVÑ aud is It bjed ttI t'tIdber review by tbe .Add:tessiDg Section. I'OR STAF.F USE ONLY Primaty Number '+ 19. 'b AddJas N\llDbe: .Addrcøa Number Address Nœnber Approved by ~ ~Q...M Date ~ ~ [ 1 - 0 /.:I... -- ~------- - - - --- PUDEX-l004·AR-6630 PROJECT #19990317 DATE: 10/18/04 ROBIN MEYER ..... AN ORDINANCE AMENDINO ORDINANCE NUMBER. 91-un TIm COUJBR COUNTY LAND DEVELOPMliNT CODB WHICH INCLUDES THE COMPREHBNSIVB ZONING REGULATIONS FOR TIm UNINCORPORATED AREA 01' C01l.ŒR COUNTY. PLORJDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBBR 8631S; BY CHANGING THE ZONING CLASSIFICATION OF THE HBIIBIN DESCRIBED REAL PROPBRTY FROM· A" RURAL AORJCUL 'nJRAL TO "PUD" PLANNI'!D UNIT DEVELOPM!!Nl' KNOWN AS THB VANDBRBILT TRUST 1989 FOR AN ASSISTIID UVlNG FACR.ITY. CHR.D CARE CENTER AND SKILLED NURSING PACILITY USES. LOCATBD APPROXIMATELY 1 MßJj EAST OF AIRPORT ROAD (C.R. 31) ON THE NORm SIDE 01' VANDEIUIR.T BBACH ROAD (C.R. 862), IN SECTION 31, TOWNSIßP 41 SOUtH. RANOB 26 BAST. COUJI!R COUNTY, PLORIDA, CONSISTING OF 1.8'* ACRES; AND BY PROVIDING AN BFFECI'IVE DA TB. Agenda Item No. 7D January 25, 2 05 Page 34 0 54 WHEREAS, D. Wayne Amold, of WilsonMIller. f.aç.,.. Kim Patrick KGba. EIquin. ofTreilCr, Kobza .. VoI~ ChId., rct'n:seødIIl Tho V/IJIdod)Üt TI1III - 1919, petitioned IiIe Boerd of CaanIy CommIsIJoaelSto c!alnse the zoning cJalli1\Qlioa of tbe bOfCÏn deJcribed ...\ property; NOW, THBRBPORB BB IT ORDAINED by Jhc IIoIrd of Cowdy CommlaloDcn ofCoUic:r CoIuIIy. Florida: SECTION ONE' The zoainl åaøi1lClúOll of the berela deIcribed 1081 property located iD Sec:Iion 31, TOWIIIhip 48 South. Ranp 16 B.... Collier CouDty. PIorida, ÍI cballged fmm· A" Run! ApicullWalto "PUI)" PIaIIned UIÚt Dewlopmeat In """"rdance with Tho Vanded>iIt TtuSI 1989 P\JD Doçumcn~ attacbcd beRIo as BxhibIt "A" aød illCOl'pOl1Ited by rcfiIraIce herein. The Official ZooiD¡ AUu Map NUlllbet 8631 S, u ~ in OnIillloce Number 91-102. !be Collier CouaIy Land Dew/opmcnt Code, II benIIy .....1C:COIdiDøI1. Sl!CTION TWO' f~~i~~{~r::~.¡~;'~\ _..~" - rq~:.;:··;·· ."~...\.,.\).~. <, '2 .... -. .' CIeIIt ·"~~.ii.'tii_.;tj¡::.~ eItIt....·, '''sla«,t'''' on1,_ Appt\Md MID P..,. .. Lop! Suatclacr ThlI 0nIi_1baII becomo etredJw upon all.. wItIIlbe Deputmenl of SIaIe. .. ~ 0 _ '-"'f1 ..3:1...1 PASSBD AND DULY ADOYl'BD by.....1IoIrd olCGIIIItJ Comaúøi_ olCoUler ~-''''S'''I ~.daJof \J..."dU.tL . 1999. ~î ~ :!! ;:;f2 ~ r- BOARD OF a>UNl'Y OOMMISSIONBRS ",.... COWBR COUNTY. PLOR1DA ~ ~ 5: rTI ~~ '@ 0 ~6~ :2 BY: p . ~.~. 711. Pcc....,.d M. .... AIIMut CowIt1 AIIOnIeJ ~~ft~¡; ~::~ ~~~ ~I~- -' ~tl.ou:lNAllClll -1- _·_'M___ Agenda Item No. 70 January 25, 2 05 Page 35 0 54 THE VANDERBILT TRUST 1!Þ89 A PLANNED UNIT DEVELOPMENT PrqIIred for: THE VANDERBILT TRUST - 1989. Amy Tumor, Truatoa 6625 New Haveil Circle Naplea, FL 34102 Prepared by: Q. GRADY MINOR & ASSOCIATES, P.A. 3800 Via Del Rcy 80Dita SpriDp, FL 34134 BXHIBIT N A" ,.....-. Date Rmewed by CCPC DIto AppnIved by BCC 0IdiDIDce~ AmeodmeDtI aød RÆIpIIIl ~~Y-=.I.WMHDLD OJ'.7~11U4 Agenda Item No. 70 January 25, 2 05 Page 36 0 54 TABLE OF mNTRNTS SbrtmnmtofCompli~ Seetion I Property Owncnhip and Description 1.1 : Purpose 1.2. Lega[ Delcription \.3. Property Owncnhip 1.4. Gmeral Description of Property AR!I 1.5. Project Description 1.6. Short Title Section II Projeet Development RcquiRmenta 2.1. Purpose 2.2. General 2.3. Description of the PUD Muter PIBJI and Proposed Land Uses 2.4. Related Project Plan Approval Rcquiremcnts 2.5. Sales Facilities 2.6. Amendments to PUD Document or PUD Master PIBJI 2.7. Common Area MlÙltCIIIDcc 2.8. Design Guidelines and Standerd8 2.9. Provision ofOff-sitll Removal of&rthen Material Soction m GencnI Development Rogul8Û0D8 3.1. PurpoIe 3.2. Uses Permitted 3.3. Devo1opmant Stltldarda ~-=Yr."".A.ÞDLD ...16'P......Pft.ID..1U4 Agenda Item No. 70 January 25, 2 05 Page 37 0 54 Section IV Development Commitments 4.1. 4.2. 4.3. 4.4. 4.5;' 4.6. 4.7. 4.8. 4.9. 4.10. 4.11. 4.12. 4.13. 4.14. Pwposc General PUD Master Plan Monitoring Report and Sunset Provision Transportation Water Management Utilities Engineering Landscaping Environmental Accessory Structures Sigm Polling Places HistoricJ Archeological Exhibit" A" PUD Master Plan ~.......~ ........----.......... Agenda Item No. ~7D January 25. 2 05 Page 38 0.54 I ! "-, STATEMENT OF COMPLIANCE The development of this projeet will be in compliaoce with the plllJlling goals and objectives of Collier County as set forth in tbe Growth Management Plan for the following J'C88OIIS: I. The project wil1 con.sist of a maximum of2oo ABaisted Living Facility (ALP) Units or a combination of up to 180 ALF units and up to 50 Skilled Nuraing Care Paciüty ; (SNCP) beds, as well as, ancill8l}' UlCS. The PUD also providCII for the development ofa child day care: centcron the 7.85± acre aite. The property is 10caIcd in the Urban Mixed Use District, Urban Rcaidential Subdistrict. Non-røaidenûal LI8e8 such as ALFs and child care centers are permitted land UIICII within this designation. The Collier County Land Development Code permits ALPs, subject to a Door area ratio (FAR) of 0.45. The Vanderbilt Trust 1989 PUD will be developed in accordance with the FAR requirements of the Collier County we. 2. The project shall be in compliance with all applicable County rcgulatioDl including the Growth Management Plan. 3. The projcet will be served by servicea and utilities as approved by the County. 4. The projeet i. compatible with adjacent land UICII through the in~IIlmlllplllCll1t of structures, tho placement of land use buffcn, and the proposed development standarda containedbcrcin. 5. All final local development ORIon for this project IlII subject to the Collier County AdcqlllÚC Public Facilitiea OrdiIllUlCO, DivilÌon 3.15 oftha Land Development Code. 1-". ~'*..,......... n...-.o... Agenda Item No. 70 January 25, 2 05 Page 39 0 54 STATEMENT OF COMPLIANCE The development or this project will be in compliance with the planning 80m and objectives or Collic:r County as set forth in the Growth Management Plan for the following reasons: I. The project will consist or a maximum of 200 Assisted Living Facility (ALF) Units or a combination of up to 180 ALF units and up 10 50 Skilled Nutaing CaR Facility '(SNCF) beds, as weD as, ancillary uses. The PUD also provides for the development of a child day c:an: center on the 7.85± acre IÌte. The property is located in the Urban Mixed Use District, Urban Residential Subdistrict. Non-residential uses such 8S ALFa and child c:an: centen aR permitted land uses within this designation. The Collier County Land Development Code permits ALFs, IUbject to . floor area ratio (FAR) of 0.45. The Vanderbilt Trust 1989 PUD win be developed in accordance with the FAR requirements of the Collier County LOC. 2. The project .hall be in compliance with all applicable County regulations including the Growth Management Plan. 3. The project will be lICI'Ved by services and utilities 8S apÌroved by the Co1Ø1ty. 4. Thc project ill compatible with adjac:cn11and _ through the intemaI amngmnent of structures, the placement orland use bulTen, and the proposed dcveJ'opmcnt Itaodlll'lla contained herein. 5. All final local development orders for thiJ project arc IUbject to the Collier County Adequate Public Facilities 0nIinance, Division 3.15 oC the Land Development Code. . - ...".."........¡..w.-...o ..-.... Agenda Item No. 7D January 25, 2 05 Page 40 0 54 I-I SECOON I PROPERTY OWNERsmp AND DESCRIPTION 1.1. PPRPOSE The purpose oftbis Section is to set forth tho location and ownership of the property, and to dcscnDe the existing conditions of the property proposed to be developed under the project namo of The Vanderbilt Trust 1989 POO. 1.1. UtGAI. DESCRIPTION Tho West \4 of tho South \4 of the Southcul \4 of the Southwest \4 of Soc;tion 31, TOW1lllhip 48 South, Ranso 26 Easl, CoIliB\' County, Florida, ICls the south ISO foot thereof. consisting of7.8S± ac1'C8. 1.3. PROPERTY OWNERSmp The subject property ia c:unently UDder the equitablo owncnbip of The Vanderbilt Trust- 1989. Amy S. Turner, Trustee. 1.4. GENERAl. DESCRIPTION 011 PROnRTY AREA A. Tho 7.8S± acre lito islocatcd appmdmatoly I milo out of the intoncction of AiJ'poIt- Pullin¡ Road aod Vandabilt BHCh Road in Section 31, ToWDlblp 48 South, Range 26 But. The vacant property i. bordared on the aoUlb by Vandorbilt BoadI Road (CR 862); on the north by l(!ricultunl1l1nda, _ed A. Rural A¡ricuIÞlrlll; to tho _t by tho WllabiJe Labs POO and on the wost by tho Bobbin Hollow Equestrian Ceotel', zoned A,RuraI A¡riculturll. B. The zøaJøa cJaamftc:adOll ot the aubjoct JIIÐPII1Y prior to tile date ot thIa Ippr'OVÑ '. POO ])OCUIlIlIIÙ _ A. Rural Agricultural. C. The projeot atte fa JøcMed III JIIoocI ZoIMI "X" .-.. to JI1RM MIll No 12OO1S7, ,.'" Panel No. 0385D.I95 D, 21$ D.IØd425 D, datedJuae 3,1986. 1.5. PROJECT DESCRIPTION Tho Vanderbilt TnI8t 1989 PUD i. d4IIipod to &CCOIIUIIodItO contÎIIUÙII care CàciUtiCl iDcludina an Aaaiated LiviDa FlICllity (ALF), coaai.tina of Indepeadont II1II1 DopoDd_t Livina Uøita, u well u a Skilled NuniD¡ CIro FlICility (SNCP). The PUD liiio maba a provision for tho c:onatrUCtIon of . cbild cere tlMnlity, whOlbcr fteo.ItaDdin8 or ID IIItoplll component of the ALl' facility. The maxlmlDll number of ALP uøita ptnÙttecI within tho ~1Ir.""'~ ....~¡a,. Agenda Item No. 7D January 25, 2 05 Page 41 0 54 1·2 PUD is 200. A maximum of SO SNCF beds may be COII8lructcd within the PUDõ however the ability to conatruçt up to SO SNCF bods in combination with the ALP shall require a subsequent reduction in the number of ALF will. ALP and SNCF facilities shall be defined .. those faci1itica deacn'bcd in Sections 400.402 and 400.407, F.S., respectively and Division 6 of the Collier County Land Development Code. The projcc:t will also include ancillary support mcdic:al, nunring, and retail dispeoaary lIc:rViccs to the ALF and SNF uae&. The permitted c:bild day care facility shall be c:onstruc:ted in compliance with the Collier County Land DevcJopmcnt Code and applic:able provisions ofTbe Vanderbilt Trost 1989 PUD. .. -......-.. ,,-- Agenda Item No. 7D January 25, 2 05 Page 42 0 54 1-3 1.6. SHORT TITLE This Ordinance shall be known III1d cited u !be "Tbe V mdabilt Trust 1989 Planned Unit Development Ordinance." ( ~.... .............a..--.o ..- -Agenda Item No. 70 January 25, 2 05 Page 43 0 54 2-1 SECTION II PROJECT DEVEWPMENT REQUIREMENTS 2.J. PURPOSE The purpose of this Section is to delineate and generally describe the project plID of development, relationships to applicable County ordinanc:ea, the respective land uses of the tract!! included in the project. as well as other project relationships. 2.2. GENERAL Regulations for development of The VlIIJdcrbilt Trust J 989 PUD shall be in accordance with the contents of this PIIIIIIICd Unit Development Diltrict doc:umc:nt and other applicable sec:tiona and paI1& of the Collier County Land Development Code and Growth MlIIlIemcnt PIID in effect at the time: of development order approval. Where this PUD Ordinance does DOt provide ckM:Iopmcnt standards, then the provisioas of the specific leclÌOD of the LDC in cimct at the timo of ÌS8IJaIIÇe of 811)' development order to which 88Îd rcguIa1ion relates sball apply. A. Unless otherwise noted, the dolinitiona of aU tennI shall be the same as the definitions set forth in Collier County Land Development Code in effect at the time of building pennit application_ B. All ccmditiODl impoacd and all I1IIhic material ~ depictÎD8 rcstrictiOll8 for the devc10pmcøt of The Vmdabilt Trust 1989 PUD shall bocome p.wt of the regulations which lIovcm the mauner in which the PUD silo may be developed. ~~~. C. UøJeu mocWIod, waived or ØOCIpted by tbi. PUD. 1M pro'¥Wou of l1li)' oth« sectiOlll of tbc Laud Devolopmlllt Code, w'*- appUGIbIe, J'OIDIIIø m MI toroe ød- effect with teIpOCt to tho devdopmeut of the land whidJ CCIIIIpJ'iIa tbiI PUD. . D. DeveIopmIllt permlUecI by the IIII'ØYII1 of tbiI PlldtiaD wIJI be IUbject to a COIICIIIreIIO)' RViow under th, provioioaI of DIYiIIoa 3. U, AdoquMo PubUo PlGititloo, of the Lud Dovelopmaat Code, at tho eorUIIIt 01' _t to _ of lith« 4aa1 SOP approval, ftDaJ plat IIppI'OvaJ, or bußdin¡ parmit iNuance appliC8b1o to tbiI dcvciopmau. ....,,,.,....It-Wo\MCILD ....,~... · . I Agenda Item No. 170 January 25, 2005 Page 44 of 54 I 2-2 2.3. D'KSCRIPTlON OF THE PUD MASTER PI.AN AND PROPOSJ:D I.AND USES A. Th~ POO Mllller Plan, which indicales project acceøa points, intcmal circulation and land d~v~lopmenl envelopes, is iIIuslratcd graphically by Exhibit "A", POO Master Plan. B. The specific locaIion and size of individuøllraCtS and tho l188Ïg11ment of sqUIll'O footage or units shall be determined atth~ lime of County development approval. Cbanges SlId vlllÌalÌons in building 1I'IIeIs,IocaIion and acreaøe oflhesc uses shall be permitted at time of COIDlty developmenl approval 10 aœommodllc utililies, Iopognq>by, vegetation, and other site and market conditiona. subject to Ihe proviaions of SectiOD 2.1.3.5. of the Collier County LDC. C. In sddilion to the various areas and specific items shown in Exhibit "A", such eaacmenl8 as necessary (utility, private, semi-public) shall be established within or along the various lraela as may be necessary. 2.4 REI.ATED PRO.nU~r PLAN APPROVAL RRQI/JRII:MENTS A. Prior 10 tho recording of a Roc:onI Plat, mcIIor CoIIdoœinium Plat iW all 01" part of the POO, final plUII of sll required improvements shall receive approval of the sppropriate Collier County govemmeotsl epnçy to ÌD8UnI complillllCCl with tho PUD Maller Plan, the Collier County Subdivision CoeIund the pllll1.ing laWl of the State of Florida. -...--- - .n"WF"-"'_""_'_ Agenda Item No. 17D January 25, 2005 Page 45 of 54 2-3 B. Exhibit "Au, PUD Master Plan, coDBIÌlUlcltho required PUD Devclopmeot Plan. Subsequent to or CODCW1'eIIt with PUD Ippl'Oval, a PrelimilUll)' Subdivision Plat, if applicable, shall be submitted for the entire area covered by tho PUD Master Plan. Any division of property II1d the development of tho land ahaIl be in complilllJÇe , with Division 3.2 of the Collier County Land Development Code, md the platting laws oflhe Slate of Florida. C. The provisions of Division 3.3 oflhe Conier County Land Development Code, when applicable, ahaIllpply to the developmcot of.11 platted tracts, or parcels of land as provided in said Division prior to the issuance: of 8 building permit or other development order. D. Appropriato iosIrumenta will be provided at the time of inftutructure improvements ~ganling my dedications II1d methods for providing perpetual mlÌntenllDce of common ticilities. 2.5 SALES AND CONSTRUr.TION OFFICES Wet or dry temporary offices uaod tor sales functioDa lIDdIor collltliJction offices IIDd their support ticilitics shall be permitted _ in conjunction with tbe promotion IIDd development of The Vlllderbilt TIVIt 1989 PUD. TheIIo UICII ahaIl be IUbject to the requiremeota of Section 2.6.33.3, Section 3.2.6.3.6 IIIId Division 3.3 of the Collier County Land Development Code. 1.6 AMKNDMENTS TO Pun DOCDMKNT OR Pun MA8TER PI,AN .-) Tho PUD Muter PlIID Ì8 do8igacd to be flaiblo with RIIpCCt to Ioc:atioDII of buildiDga IIIId wit« maaaanent &ciHtiea. Pinal dcliplllball be CODIiáart with all devttlopnua& ..... oœtaiud iD dúa PlJD dooumtat. iDoladiq blÙldiDa IMiIb1 aød mialmam yIrda. Tho PÞaIq an- DincIIor IbaI1 be IAItborbr4Ið to approve' . IIIÍIIOr dJl¡¡goti to tho PUD Mutor Plaza upon wriUcll request: t. R.oeoofIpndiOll of l8ØI, pondI or otbor __ -"........... foIturoI when cIw1ø'es _ COIIIiIIonI willi tho aftIIrIa of tho South PIorida Wiler MIMpIIIOnt Diarrlct 8IIdIor CoUier CoIIIIty. 2. Internal roaIilJlDlOllt of riøbtt-of-way or drivewayJ. 3. Rcconßgandoa of ALPISNCP cl4Ivelopmlalenvolopo wboro proposed ohup doCI not reel.- plOpOled bulfen or proørve aRIL ........"....,....... .................. .Agenda Item No. 170 January 25, 2005 Page 46 of 54 2-4 Other amendmcntl may be mllde to the PUD mISter phm II provided in the Collier Land Development Code, Section 2.7.3.5. County 2.7 ASSOCIATION OF PROPERTY OWNERS Ji'OR COMMON AREA , MAINTENANCE Whenever the developer elects to crclllc land area and/or amenities whose ownersbip and maintenance rœponsibility is a oommon Ílltcrcst of all of the sublCCllent purchascn of property within laid development in which the commOQ inlcrCll is located, thai developer entity shall provide approprilltc leia1 instruments for the establisluncnt of a Property Owners' AlIIOCiatioQ whoso function shall include a provision for tho perpetual care and maintCIIIIIICC of all common facilities and open space subject further to the provisions of the Collier County Land Development Code, Section 2.2.20.3.8. :1.8 DF~IGN GUIDJ!.UNES AND STANDARDS The V 8Ddcl'bilt Trust - 1989 PUD will feature an intcgratcct and compatib10 architoctural buildini stylo. Wbcro multiple buildínp are constructod within 1be PUD, all buildings shall be conmuctad using like oxtcrior buildíng materials and primary color palate, while retaining a common architectural buildíng style. 1.' PROVISION FOR OFll'_'rrE REMOVAl. OF 1!.ARTlt"EN MA TRRIAI. The oxçavatiou of cutbcn material md i.. stock-piliø. ín pnparation of water 1118ßIIOIII0IIt fieiUties or to otha:wÎ811 develop water bodies is permitted. Off-lite dilpOlal of thil material il also permitted subject to tho followínø cooditioos: 1. B1tcavltlioo sctivities ~ œmply with the dofinidoc1 of a "ckYe\oplMat -.daa" JI'IIrIIUId to 8eodon 3.5.5.1.3 of tM 1AIId Dovo\opDleDt Code whereby off-site removal sball be Umited to 10% of tho total up to . maximum of 20,000 cubic: yII'da. 4" " . 2. All oIbCIr provØiOllt ofDíviaioo 3.5. are applk:able. ....".,1IIr.....~ -.- ---- Agenda Item No. 17D January 25, 2005 Page 47 of 54 3-1 SECTION m DEVELOPMENT REGULATIONS 3.1 / PURPOSE The purpose of Ibis Section is to identify the pennitted uses and dcvoJopment standards for ALP/SNCF and ancillary uses that will be applied to the development areas so designated on Exhibit "A". 3.2 USES PF.RMI'ITItD A maximum of 200 ALP unillJ, or a combination of up 10 180 ALF units aud a maximwn of 50 SNCF beds may be conslnK:tcd within The V lIIIIIcroilt Trust 1989 PUD. The PUD shall also pennit tho construction of a child care facility, whctber fiec-standing or inte11lllo tho ALF facility. ALF and SNCF _ shall be those dermed under Sections 400.402 and 400.407 F.S..l'CI8ICCÛvely and Division 6 of tho Colli" County Land DevoJopmcnt Code. Permitted uses. 1. Asailted living &cilitica and iDcIuding llkilled nursing care facility, subject to tho requirements of Section 2.6.26 of tho Colli" County Land Development Code. 2. Child Day Care Serviceø (8351) Uaea _lOrY to pemúUcd uses. 1. AccaBory m.íJIpenonal 1CII'VÎc:e faci1ities IIICh sa sundry shop, COIICÎClJe ICII'vico, ¡1ft abop, caCet«ia, ~, dry ~ ilorIM, homo œaIIh c:are ..-vto...... otber IÚIIßc _ ~ wfdIIa pdm.y __ ~ 2. MedicallIUpKId &ciHties iDcIudiD¡ phyIåoilll oftiCCIIIIId IIIInÎIIgltatt 3. auk! Day C- ServiI:a 4. CuIIomIIry aGCIISøory _ IIId IIiuoánIlaoludlq GOVeNd pm¡q. _ Iø400r and outdoor reœeatioD &eWu.. boadwaIb, pzeboe mil nature tnila. ......,."..........AIIG.a ...- Agenda Item No. 17D January 25, 2005 Page 48 of 54 3-2 3.3 DEVEI.OPMENT STANDARDS The following development standards ahall apply to all permitted and accessory uses. 1. Minimum Yard Requlremen18: Front: Thirty-five feet (3S') for one and two ltory struchlrea. Fifty feet (SO') for IIIrUcIUreI exceeding two storiea in height Side: East Wesl Ono hundred feet (100') 2S feet, except that IICCCIIOry strueturea may be constructed a minimum of fifteen feet (I S') from the POO bouDduy. Rear: Twenty-five (25') IèeI, except that -IlOl')' strueturea may be constructed a mioImum of ftfteea feet (IS') from the PUD boundary 2. Maximum Bldg. Height: Three (3) bBbitablo floon .r.> ;' . ........._......~ -- ,......"._--"---~- · Agenda Item No. 17D January 25, 2005 Page 49 of 54 4-1 SECI10N IV DEVELOPMENTCO~TMENTS 4.1., PURPOSE The purpose of this sec1ion is to set forth the development commitments fur the development of the project. 4.1. GlI:.NERAL All facilities shall be conaIructed in accordance with Final Sire Development PI8118. Fiosl Subdivision Plana and all applicable State and local laws, codes, and regulations applicable 10 thi. PUD. Except where specifically noted or atatcd otbcrwillO, the ataDd8rds and apccifiçIdiODl of the Land Development Code, Divi8Îon 3.2, shsll apply 10 tIIi. project even if the land within the PUD ¡. 00110 be platted. The developer, hi. .ucccaaor and ..signa ahall be rcapooaible for the commitmenta outlined in this document. The developer, hi. _r or -ønee shall fblJow the Muter Plan and the nogulationa of the PUD II adopted, and any otbCl' coaditiona or moditicatìona II may be aørced to in the rczonin& of the property. In additiOD, my ~ or aaaignee in title ia allO subject to øny commitmcntll within !bia agreement. 4.3. PIID MASTRR PI.AN (-..-. A Exhibit "AN PUD Muter PIIIII, i1hIIInIte8 the propoaed development and i. cooceptual in aaIuIe. Propoecd Inlet, lot or Imd use bouudariea abaIl not be COIIIt1'IMId 10 be fiAallIId may be nricd a1 my ~t appro\IIIl pbaao ~ II 8øaI pJaaløa or atte ~ pIua II(IIIUoadoD. /0--. aball boo pa'IIIIUcd IUbjcct 10 the pnMaioaa of SocdoD 1J Ad 2.6 011111. PUn do__ . and SecdoII2. 7.3.5 oflbo Laud DovoIopmCDt Codo. B. A11 -.y 811_'" cJedioadOlll, œ oIIIw IDaIrumIIdI abaII be ....... ID ÚIIIIn the coadnued opatioD IUd DMI- of aD .-vice utilities aDd aD common II'eII in the project. 4.4. MONITORING IUl:PORT AND SUNSET PROVISION A Tho Vaødåilt TnIIt 1989 PUD IbaII be aubJect 10 !be SunaeI Provlatolla o( Section 2.7.3.4 of tho Land Development Code. ~v.:.I"W.\l2C)U) .,...,.-.-.,.PtJD,11Uf Agenda Item No. 170 January 25, 2005 Page 50 of 54 4-2 B. An IIIIIIU8I monitoring report shan be submitœd pursuant 10 SeçtiOD 2.7.3.6. of \be Colliar County Land Development Code. 4.5. TRANSPORTATION A. PrimllY aite IICC:IIII IbaII be &om VandCllbih BOlICh Road md &ball be COD8Ì&ttlllt with the ColD1ty'a ÅÇÇCII ~t Poticy, Re8olutioø 92-422, II amended. The projcc:t &œCII point to V 8DdeIb1lt BOlICh Road II &howD on the PUD Master Plan. Exhibit A. i. oonccptual and \be actual project IICCCII poiDt &ball be located in acc:orolUlCc with lhe County'a Ac:c:cu MIIIIlClllCllt Polic:y. B. The developer IbaII be rcapolllible fi>r the inalallalion of utoriù IIIVeI IáeI:t lighting lit all project cntranc:CI prior to the illlUlDCe of my c:crtificatea of occupancy. C. Road imp8Ct feel ahaIl be paid in III:COrdaDcc with OrdIDIDCC 92-22, II amended, and &hall be paid al the lime buildin¡ permita arc illuod ID1Icø otbcrwiae approved by \be 8DIII'd of County Commillrionara. D. The JII'OPCßY own« ahaJI raervo for additional Vanderbilt Beach Road Right-of- Way, m __ fiftean faaI (IS') wide along the aouth property bounduy. Thia l'CIIðI'VIIIiOD .ball be CONidcrcd II c:òmpelllBlin& rigbt-of-way to provide roadway and drainap Jelllted improvemeDta II part of the future V8Ddabilt BOlCh Road four-lllling project. The dedioation &ball be eligible for ÍlDpICt fee credita 8Dd shall bo gnlllted punuanllo Imp-=t Fee OrdÌll8llCO. 92-22. CoIDpCIIIIItIna RoO.W. for PIIlJIOIOI of lite-related ÍIDpICta IOIIth II decelcntioD 1_ shall not bo oIigible for impact fee credits. The rofcnmced right-of-way -mioo shall be InIIafemd 10 CoIlIar County in fee limple lide with 60 dayI of writlall reqUeII by Colli« County. 4~ WATER MANAGEMENT The developmeøt of lllia POD M.utCI' PIID IIba11 be aubjeat 10 _ ¡ovarned by 1110 tbUowina CXII1didoaa: A. ba ___ with till NIII of tblllIoatIa P10dda W_ M-.-- DIItdot (SPWMD). CbapÞr 40B-4 IIId 40£..40, lhia pNjeat ahaIl be thailJl*S tbr . atonn event of. 3-clay dundon IIId 25-,.. rotum ftequ.JCY. B. DraiDap ouUIIlIlIba11 be dOlipd for dilCblre to !be Allport Ro.d CuIaI. vi. \be V 8DderbI11 Beach Ro.d right-of-way. C. Detailed water JDIIII&III1ICDt plllll inoludiag 011tll1lloc:atioDl ahlll be submitted at tho limo of alto plm review. .,...,.,...,-........... -- ~._-_.. Agenda Item No. 17D January 25, 2005 Page 51 of 54 Q GRADY MINOR 941 947 0375 10/14 '99 11:56 NO.161 03/03 4.7. UTIL1TŒS Tho dcvoI.opmCIII& of thIt PUD Muœr PIm IbaIl be mbjec:t to IIIIci governed by the following c:oodiÛODS: A. Water distributIoD, æwag~ çoncctloD IIIIci tnIDImisaion ~ sball be CODSIIUCted tbrou¡bout the project by the developer at DO coat to Collier Coœty and the St8tc of Florida. PotIb1e VIIIter IIIId II8Ditery sower fiIdliIi.. construatod within p1ll1ted righU-of.way or within cIIIdic:eIc4 County utility "'.......-. reqUIred by the County, ahaIl be conveyed to tho CoUDty for owoenhip, opeøtion and maiDtaIeDcc purIIIIIDI to Collia: County 0ztIizI-=0 No. 97-17. u amcodcd aDd all State IIIId Fodcad reguI8ÖOD8 and adopted policies in effect Id the time of c~ All poùIble waterlllld saailllry _ f'eclli1ies CODJtmatcd 011 II'MØ propedY me! DOt IOQUiœd by the County to be locIdcd within County I1tillty ca.sc:mcJDI3 sbe11 be owned, openùd IIIId lI1IIÍDIaÍnod by the developer, hiI usi¡u or IUCCCSIOIS. B. All C1IItOIDcnI COIIDeCtIag fID the po1IbIe water diJIribuIion I)'StI:!m øbaIl be oustoaIera of tile CoIIDty and IbeII be billed by tbe Coumy in IICCOtdaoce with the Colllltj'a 08I8bI.iabed nàI. C. CoOler County eball __ 0WIIIIØbip andlDllÍllt'll1mlC ÞIpOIIIibillty for IIIIY lift IItIIiœ. requIn4 fID _ 'lha VmIerbilt Thut 1989 PUD, IIbouId such II.ft alation a!.Io be demped to _ aIV-.t -*<s). 04.8. RNClNEERlNG A. DœIp ad çou1rUáion of aD iIIIpovaDoaIIlbUl be subject fID COIJI.pIiaJICo with 1bo epprupriØ proYÙõiOlll at tbø Collier c.:.u.y Lend DcvekJpmeøt Code, DMIion3.2. B. Wadi: widzla Collier Couaty ri¡bt.of'-wIIY IbaII meet 1110 req~~ at tbe Cow. Cowøy RiibHf-Wq 0rcIiDaIIce No. ~, ulJDOllded. u ):.ANDfICÁPING . ", A. All requIno4 ~ bdIIø IbaU be Ia I.: 11'_ wtIb IIeodaa U 7..4. at1'- CoWer Couai)' La o.-IOjIIIIIIII Coå, -. tIIat IIIIIIIIœm buIr. -'4tba Iball be ___ wIIb tboIe __ 011'" PUD __ p&., BIdIIbb À. B. ". _'" IHIIOItI.lodlalipe W4III' Iball-mt of ~ aatift .. iHlIIOlllo fbI pâIt aID pcIIIØÞ _ IbaIl be II IIIiDJmuIII of 1III1V &let (30') in widIå ..1IbøwD 011 tba PtJD Mutw PIIII. 8IdIibft A. ha IddI.iJ.GII, ., aatio ........- ..-mId &:om 1bo 111II1m.1DOIt 1NfIiIr.un be repbloocl with lIath.. velláldoø wbich will då _ opeçÏt)' eqaeI to thø --s IIXOIIø wpCIIIioD. .' , . Agenda Item No, 170 January 25. 2005 Page 52 of 54 4-4 4.10. II'.NV1RONMli:NTAL A. An exotic vegetation removal. monitoring. and mailltenanco (exotic fiw) plan for the sile, with cmpbuis on the conservation/prcBervaûon areas. shall be submitted 10 CUt'I'eI1t Pllllllin¡ Environmcnta1 Staff for revjn IIJId approval prior 10 fi1IaI site plllDlconatrucüon plan approval. ThiI plan shall inelude the m~ and lime schedule for removal of exoûc vogctaûon within conaorvationlprœcrvltÌon areas. B. Pennill or 1etten of exemption fiom the U.S. Army CorptI of Bnginom (ACOE) and the South Florida Wat.cr Managemeøt Dimicl (SFWMD) shall be prelcalcd prior to final site plan/construction pløn approval. C. Petitioner....1I retain a minimum of 15% of the PUD of tho lllllivo vogotalion 011 sito 18 requirod by Scction 3.9.5.5.4 of the Collicr County Land Dovelopmont Code. 4.11. ACCE!lRORV !lTR1JC'TUR.ES Acceaaory muctuna shall bo CIQIIItI:UCted limullmeoll8)y with· or ftllIowiøg the coll8lrUClÍon of the principalllllucturc(.). TomporIlY oftiCCII 10 bo IIIOd for salas 1\mctionI øndIor COllltructiOl1 of6cel may be COII8Irucled prior 10 the ccmøtruc1íon of principal stnIC1UreI. 4.12.. SImiS AlIaigna shall be inllCCOlllanco with Dimon 2.5 oftbe Lm1 Developmoal Code. 4.13. POI.I.INP 1tI .t.ntS .:~ PurIwIat to Soodoa 2.6.30 01 the 1Aod Dtvalapmet CocIIf, III the WIItIeD nN¡UeaI 01'. the CoUlcr County Supervilot of Blactioaa, proviajoaIlbaIl be ØUIdo Ibr tile Amø Il1O of buildin¡ IIP- wIdùn CXIIIIIIIOD .... tbr tho JIUIPC*I of BOOOIIIDI()d~ the fimc1i0l1 of au aIectoraI POIIiDa pI-. 4.14. MRTORIC.t. T JARr.lUItOT.oG1CAL 1be llUbject property II IøcII.ecI o1ltllde øn .. of biI1cdclln:beoJoJlAl ¡xob1bßit)' IIJId thanlbn i. I'8DIad . walver IIII'I1I8DI1o 8ectioD :U.25.3.10 of tho CoUlar Couøty LaQd DevoIopmIDI Code. If durlø.1be __ of lito oIlIIIdllllo øcavadOA or other COIIItI'\ICdoD 8Cti'lllIy, a bllIøIc or III'CbMoIolcal IIIUiIøt or IDdioIdor II found, the døvolopal" shall inYoko tho prooodureal8 asbbUllbod in Section 2.:1.25.8.1 of!ho Collier ConIIty LBDd Dtveløpmlllll Code. --............ ..~I... 7D 05 54 . ¡ .- o o· .' ~. 0·. - "" -.-... !I. .. , -~.'... h ~f Ii ..< 13 gJ .... b J ii i j í) irn'''1J I YIR ,allilßlIU 1'IIIIT .. N) MAS'I'S'I PLAN "'--......--- I~·I .r.._-:e~ ... .::r=::~............... EXHIBIT "A" ----,- ,- " ..Ägenda Item No. 70 . January 25. 2 05 Page 54 0 54 ;, , . '. ",,- STAN or PLORIDA) COUN'l"Y oj' COLLIER) I, DWIGHT B. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier county, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 99-70 ~~ \í ~ ç'" ð ~~ ~ ""'" i:;S;o~ ., ~ on ~ ..ø ~ -W?~O .~ 1!.r.I' -B 0;...0 _ ~~ c> county ~ Which was adopted by the Board of county Commissioners 12". day of October, 1999, during Regular Session. WITNESS my hand and the official seal of the Board of Commissioners of Collier county, florida, this 13th day of October, 1999. . ~ ,., ' . . . : ~',: .:~ "(""1 DWIGHT B. BROCK .,···.....\\1····.101, ;."" Clerk of courts and Clerk/·¿:·:i.~:;·;;~j!<~;\ Bx-ofUcio to Board of È L<>",,":'~·.··:L'\*"'\'t:.';. County co_issioners ; :;..:, E:"¡::' '~";,...i:'¡:';¡ . ~ ~';'¡:·~':,:,::.':;jI'~I:;·.' : ,~ _~ ~ <;1.'\ c;:¡;.....~I:;.. ':,Iß.. ~;q;;:)~ \;r~'... ..:I.\~~i/?l . ";0 Or"l,loJ.., '. ..... ~ ~ By: Arlene J. Balter ' "..:;..f{r.:;~';:.,' ¿~,-,;..,,~ ' Deputy Clerlt' ' ··h:·;,;':;;;¡-,;.......~· ._--- ,..._.-~- i" _. RESOLUTION 05 -_ A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 10.02.13.D OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AFFECTING ORDINANCE NUMBER 99-70 KNOWN AS VANDERBILT TRUST 1989 PUD, EXTENDING THE CURRENT PUD AFPROV AL REQUESTING A TWO YEAR EXTENSION TO THE VANDERBILT TRUST 1989 PUD, WHICH ALLOWS ASSISTED LIVING FACILTIES, INCLUDING SKILLED NURSING, AND CHILD DAY CARE SERVICES, WAS ORIGINALLY APPROVED ON OCTOBER 12, 1999 AS ORDIANCE 99-70. THIS PUD EXPRIED OCTOBER 12, 2004, BUT WITH THIS EXTENSION, IT WILL ALLOW THEM TO FINISH THEIR WORK AND WILL EXPIRE OCTOBER 12, 2006; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Vanderbilt Trust 1989 PUD, Ordinance Number 99-70 adopted on October 12, 1999 is subject to the provisions of Section 10.02.13.D., of the Land Development Code (IDC), Time Limits for Approved PUD Zoning Districts together with their respective Master Plans; and WHEREAS, the PUD was adopted consistent with and under the provisions of the Collier County Growth Management Plan; and WHEREAS, the Board of COWlty Commissioners has reviewed the PUD and has detennined to extend the current PUD Zoning for a two year extension to the Vanderbilt Trust 1989 PUD, which allows assisted living facilities, including skilled nursing, and child day care services, was originally approved October 12, 1999 as ordinance 99-70. This PUD expired October 12, 2004, but with this extension. it will allow them to finish their work and will expire October 12,2006. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEARS OF COLLIER COUNTY, FLORIDA that: 1. The above recitals are adopted herein by reference as if fully set forth herein. 2. This Resolution shall constitute evidence of compliance with the review requirements of Subsection 10.02.13.D.6. of the IDC. 3. Pursuant to said Subsection of the LDC, the CUlTent PUD approval is hereby extended to October 12,2006 at the end of which time the owner shall submit to the procedures in LDC Subsection 10.02. 13D.6. This Resolution is effective immediately upon its approval. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the extension is granted. Page 1 of 2 f.::ûdL~ . '1-€.fYì \)D \»~t(J:S · --- This Resolution adopted after motion, second and majority vote. Done this day of ,2005. ATTEST: DWIGHT E. BROCK., Clerk . BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk BY: Fred W. Coyle, Chainnan Approved as to Fonn and Legal Sufficiency: Marjorie M. Student Assistant County Attorney Page 2 of 2